irvingcc packet 2011-10-06

8/4/2019 IrvingCC Packet 2011-10-06

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FINAL AGENDA

MEETING OF THE IRVING CITY COUNCIL

THURSDAY, OCTOBER 6, 2011

COUNCIL CHAMBER - CIVIC CENTER COMPLE

825 WEST IRVING BOULEVARD

IRVING, TEXAS~

1:00 P.M. -- CITY COUNCIL WORK SESSION -- WEDNESDAY, OCTOBER 5, 2011 -- FIRST FLOCONFERENCE ROOM -- CIVIC CENTER COMPLEX -- 825 WEST IRVING BOULEVARD -- IRVING, T

6:15 P.M. ------------------------------------------------------------------Pre-Council Briefing (If Nece

City Council Conference RoomChamber Conference RoomComplex

7:00 P.M. -----------------------------------------------------------Organizational Service Announ

Invocation

Pastor Ken Branam, Plymouth Park BaptistPledge Of Allegiance

Proclamations, Announcements, and Special Recognitions

Citizens' ForumCitizens are invited to speak for three (3) minutes on matters relating to City go

on items not listed on the regular agenda.

Public Hearing: Items 1 through 24

THIS MEETING CAN BE ADJOURNED AND RECONVENED, IF NECESSARY, WITHIN THE FOLLOWING DAY IN THE COUNCIL CHAMBER.


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CITY COUNCIL AGENDA

1 City Operations Update

CONSENT AGENDA

2 Approving Work Session Minutes for Wednesday, September

3 Approving Regular Meeting Minutes for Thursday, September

4 Resolution -- Authorizing the Destruction of Obsolete Accordance with the City of Irvings Records Management Po

Administrative Comments

1. This item supports Strategic Goal No. 8: Sound Governance.

2. Impact: Departments annually approve destruction of recordretention has been met. This assures that all record destruction is

with the Records Management Plan.

3. Destruction is requested for 99 cubic feet of records for Tax Office.

Recommendation

The resolution be approved.

5 Resolution -- Approving an Agreement Between the City of IGreater Irving-Las Colinas Chamber of Commerce to ProFunding for Economic Development Services for the City of Ir

Administrative Comments1. This item supports Strategic Goal No. 3: Economic Development.

2. Impact: This agreement authorizes annual funding for economimarketing services from the Greater Irving-Las Colinas Chamber osupport a vibrant economy and business growth in Irving.


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5. Key results from FY 10-11 include:

Celanese, corporate headquarters relocation - 385 jobs Consolidated Electrical Distributors, corporate headquarters reloc

Terminal Reality, corporate headquarters relocation - 140 jobs EcoLab, regional office relocation - 100 jobs

KidKraft, distribution facility relocation - 150 jobs Aviall Services, logistics/distribution operations expansion - 400 jo

In-N-Out Burger, new targeted retail store location - 35 jobs Freebird World Burrito, new targeted retail store location - 25 jobs

6. Economic development results are reported back to the City on a qua

7. Funding in the amount of $1,675,000.00 is available in the EconomFund.

Recommendation


6 Resolution -- Approving a Sister Cities/International Trade

and Assistance Center Services Contract with the GreateColinas Chamber of Commerce


1. This item supports Strategic Goal No. 3: Economic Development.

2. Impact: This contract will approve FY2011-12 funding for the Chamsister cities and international trade services to the City.

3. The Chamber will carry out a program of exchanges between thparticipating sister cities, which are focused on business, but may aartistic, educational, economic, community, and/or other appropexchanges, in keeping with the purpose of the worldwide sister cities

4. Funding in the amount of $164,800.00 for period of October 1,September 30, 2012, is available in the Economic Development Fund


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7 Resolution -- Approving a Texas Traffic Safety Program GranBetween the City of Irving and the State of Texas, Acting bythe Texas Department of Transportation, for a Sele

Enforcement Program (STEP) GrantAdministrative Comments

1. This item supports Strategic Goal No. 4: Safe and Secure City.

2. Impact: This grant provides for overtime expenses to increase safincrease driver compliance with posted speed limits, and decrease iand alcohol-related crashes.

3. The grant becomes effective October 1, 2011, and terminates on 2012, unless terminated or otherwise modified.

4. The STEP grant is reimbursable up to $199,570.00, with the Citycovered by in kind contributions.

Recommendation


8 Resolution -- Approving an Intergovernmental Lease Agreemthe City of Irving and the State of Texas, Specifically the Texa

Human Services Commission (HHSC), for the Lease of 4,175of Office Space at the Family Advocacy Center Located Pioneer for Use by the Texas Department of Family anServices


1. This item supports Strategic Goal No. 4: Safe and Secure City.

2. Impact: The approval of this lease agreement will ensure that servicthe Texas Department of Family and Protective Services will cavailable at the Family Advocacy Center for families and victims of cof Irving.

3. The lease is effective from December 1, 2011, through November 3five year renewal option under the same terms and conditions


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9 Resolution -- Approving Amendment No. 4 to the HousehoWaste Interlocal Agreement Between the City of Irving and Dto Provide a Program in Which Residents Can Properly

Household ChemicalsAdministrative Comments

1. This item supports Strategic Goal No. 10: Environmentally Sustainab

2. Impact: This contract provides an environmentally sound methodhousehold hazardous wastes such as pesticides, fertilizers, etc., thproper disposition of these materials.

3. The City of Irving has served as a member of the Dallas CouHazardous Waste Network since 1994. Irving has been the host to collection days.

4. The purpose of this program is to provide an opportunity for Irviproperly dispose of household chemicals such as pool chemicherbicides, fertilizers, auto fluids, all kinds of batteries, light buhousehold cleaners.

5. This interlocal agreement will provide service from October 1, September 30, 2012.

6. Funding in the amount of $110,000.00 is based on the historFY 2010-2011 and is available in the Municipal Drainage Utility Fund

Recommendation


10 Resolution -- Approving an Economic Incentive Agreement City of Irving, Texas and Gateway Mortgage



2. Impact: Approval of this agreement will allow the City to gaiheadquarters of Gateway Mortgage. Gateway Mortgage is one privately held mortgage companies in the Midwest.


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6. Upon compliance with these requirements, the City will pay Gatewgrant not to exceed $30,000.

Recommendation


11 Resolution -- Approving Mediated Settlement - City of Irving & Associates, Inc., Byron Fose & Associates, Inc., Intertech Garry H. Gregory, Ph.D., P.E. d/b/a Gregory GeotechnicPlummer Associates, Inc. relating to the Northgate Pump Stat


1. This item supports Strategic Goal No. 8 Sound Governance.

2. Impact: The proposed settlement if authorized would resolve t

recover damages.

3. The proposed settlement includes the recovery of current and projeto ensure the operation of the facilities.

4. Staff has been able to operate the facilities with no impact to cuduring the ongoing repairs.

Recommendation


12 Resolution -- Approving Amendment No. 2 to the InterlocalAgreement Between the City of Irving and the Texas DeTransportation for Operation and Maintenance of Traffic Signa


1. This item supports Strategic Goal No. 9: Infrastructure.


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13 Resolution -- Approving an Interlocal Agreement BetweeCentral Texas Council of Governments and the City of IrvAerial Photography

Administrative Comments1. This item supports Strategic Goal Nos. 1: Land Use and 9: Infrastruc

2. Impact: Purchasing the 2011 aerials will replace outdated 2009 inextensively by several city departments. Updated aerials are essenlatest development on the ground to generate maps used development, presentations, investigations, researching, and informa

3. Funding in the amount of $7,210.46 is available in the Municipal DraFund.

Recommendation


Bids & Purchasing ItemsItems 14-17

14 Resolution -- Approving and Accepting the Bid of Allst

Company, for an Annual Contract to Supply Traffic PaintAdministrative Comments

1. This item supports Strategic Goal No. 9: Infrastructure Network.

2. This item has been recommended by Public Works Transportation

3. Impact: Traffic paint is used for roadway striping of city streets in omotorist safety and sustain the transportation system.

4. This award establishes an annual contract for the continuation of paint.

5. Funding in the net estimated annual amount of $58,261.50 forcontract is available in the General Fund.

Vendor FY2011-12 Total Est im a


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15 Resolution -- Approving and Accepting the Bid of Vulcan IncAluminum, for Aluminum Traffic Sign Blanks



2. This item has been recommended by Public Works Transportation

3. Impact: Aluminum sign blank materials are used for the fabrication regulatory, warning, and street name traffic signs, in order to imsafety and sustain the transportation system.

4. This award establishes an annual contract for the continuatio

aluminum traffic blanks.5. Funding in the net estimated amount of $51,462.50 is available

Fund.

Vendor

FY2011-12Est im ated Expendit ure

(Curr ent Year)Total Est im a

Vulcan Inc. dba Vu lcan

Alum inum

$51,462.50 $51

Recommendation


16 Resolution -- Awarding the Software Maintenance AgreemeSystems, Inc. for Cityworks Software through the StaDepartment of Information Resources (DIR) Program



2. This item has been recommended by Information Technology.


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5. Funding in the net annual amount of $10,500.00 will be available Fund and $59,500.00 in the Water and Sewer System Fund eacthree-year contract.

A cco un t N o. Ven do rFY2011-12Expenditure

(Curr ent Year)

FY2012-13Expenditure(Fut ure Year)


1001-2310-551501-100

AztecaSystem s, Inc.

$10,5 00.00 $1 0,500 .00 $10,500.00

5402-3204-551501-1050

AztecaSystem s, Inc.

$59,5 00.00 $5 9,500 .00 $59,500.00

To t als $70,000.00 $70,000.00 $70,000.00

Recommendation


17 Resolution -- Renewing Annual Contract to Dell MarkeMicrosoft Enterprise Agreement through the State of Texas DInformation Resources (DIR) Program


1. This item supports Strategic Goal No. 9: Infrastructure Network.2. This item has been recommended by Information Technology.

3. Impact: The city remains in legal compliance with licensing feesoftware products used by the city.

4. This award establishes an annual contract for the continuation of prof Microsoft software applications.

5. Funding in the net annual amount of $324,728.20 for a total of $974three-year contract will be available in the Computer Replacement F

VendorFY2010-11

Expenditure(Curr ent Year)


FY2012-13Expenditure(Fut ur e Year)

D ll M k t i LP $324 728 20 $324 728 20 $324 728 20


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18 Ordinance -- Rearranging the City Council Single MemberAccordance with the City of Irving Home Rule Charter Artic3(d)

Administrative Comments1. This item supports Strategic Goal No. 8: Sound Governance.

2. Impact: Adopting this ordinance will rearrange the single membebased on 2010 Census data and public input.

3. The City Council met with its redistricting counsel, Bob Heath of BiDelgado Acosta LLP, on September 7, 2011 to discuss changes to th

4. The City Council also held a public hearing on September 22, 2additional input on the proposed district lines.

5. Maps and Census data were made available to the community via thwebsite; comment forms were made available at Council work sessiand emails providing input were received throughout the redistricting

6. Upon approval of the new district lines, the proposed redistrictinsubmitted to the Department of Justice for preclearance and final app

Recommendation

The ordinance be adopted.

19 Ordinance -- First Reading - Approving a License AgreementCity of Irving and the Parmenter Las Colinas Towers, L.P. a T

Partnership, for the Purpose of Operating, Maintaining, andPedestrian Tunnel and Stair Entry Within Mandalay Drive Between an Office Building and Parking Garage Located at 22John Carpenter Freeway


1. This item supports Strategic Goal No. 3: Economic Development andNo. 9: Infrastructure Network.

2. Impact: This license agreement will accommodate improvementspedestrian tunnel connecting the Las Colinas Towers office buildigarage in the Urban Center.

3. This is the first of three readings for the approval of this license agreprovide for the operation, maintenance and improvement to the exis


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INDIVIDUAL CONSIDERATION

20 Ordinance -- Public Hearing and Consider an Ordinance

Taxation of Goods in TransitAdministrative Comments


2. Impact: Approval of this Ordinance will authorize the City to contiinventory classified as Goods-in-Transit. The City opted out of th2007 via Ordinance 8902 when the original bill was passed.

3. The First Special Session of the 82

nd

Texas Legislature, which adjouyear, amended the language concerning inventory classified as GoThe amended language further limits the exemption by making goods that are stored in a public warehouse facility which is notperson who owns the goods.

3. Goods-in-Transit Inventory is tangible personal property that:

(a) is acquired in or imported into this state to be forwarded to ano

this state or outside of this state;(b) is stored under a contract of bailment by a public warehouse opemore public warehouse facilities in this state that are not in any controlled by the owner of the personal property for the account of tacquired or imported the property;

(c) is transported to another location in this state or outside this stat175 days after the date the person acquired the property in or import

into this state;(d) does not include oil, natural gas, petroleum products, aircraft, vehicle inventory, dealers vessel and outboard motor inventory, equipment inventory, or retail manufactured housing inventory.

4. The amended law requires taxing entities to again take affirmative ainventory before January 1, 2012. No action will automaticalinventory from taxation beginning with the 2012 tax year.

5. According to the Dallas Central Appraisal District, the total valueTransit inventory in the City is $7,487,543. This calculates to$44,000 in ad valorem taxes.

Recommendation


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ZONING CASES AND COMPANION ITEMS

21 Ordinance -- Zoning Case ZC11-0025 - Granting S-P-2 (Gen

Plan) for FWY (Freeway) Uses - Approximately 2.1 Acres LoWest John W. Carpenter Freeway - Parmenter RealApplicant/Owner


1. This item supports Strategic Goal No. 1: Land Use.

2. Planning and Zoning Commission Hearing Date and Recommendat19, 2011 - Favorable 7-0 (Commissioners Fischer and La Rose, abse

3. The applicant is requesting a zoning change to allow an awning to enrequired setback and into the public right-of-way.

4. The 2008 Comprehensive Plan Future Land Use Map recommendsDistrict uses for this property. This request is in conformaComprehensive Plan.

5. The subject tract is developed with a four-story parking garage atta

Colinas Towersoffice building by a pedestrian tunnel under Mandaapplicant proposes to construct a glass enclosure over the spedestrian canopy from the stairwell to the parking garage as a weaparking garage is on the required 30-foot setback, and the canopy wstairwell with a zero-foot setback from the property line. Thconstructing the canopy of metal that must be only one non-metalliccolor. The applicant is matching the color to blue shade structures Toweracross Mandalay Drive. The canopy will provide an extra ame

of the office tower.

6. Mandalay Drive was originally constructed as a private street. dedicated as a city street as part of the Mandalay Drive right-ofpedestrian tunnel was indicated on the plat as a pedestrian crostairwell located in the existing right-of-way and on the garage tract wThe applicant is also submitting a license application for the righmaintain the structures in the city right-of-way. The license is sch

Council authorization in conjunction with this case on the same Coun7. Public notices were mailed to 256 adjacent property owners, with

received in support and one (1) in opposition. The opposition reprethe property within two-hundred (200) feet.

Recommendation


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APPOINTMENTS AND REPORTS

22 Resolution -- Appointments to the Dallas County Utility and

District to Fill Three Four-Year Terms Expiring October 2015Administrative Comments


2. Impact: This board assures that the canals and lakes in the Las Colinare maintained and flooding does not occur.

3. DCURD General Manager Jacky Knox has submitted a letter

reappointment of Danny Opitz, Steve Bonner, and Jeff Courtwrighyear terms expiring October 2015.

Recommendation


23 Mayors Report

24 Adjournment


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WORK SESSION MEETING OF THE IRVING CITY COUNCILMEETING MINUTESSeptember 21, 2011

The Irving City Council met in work session September 21, 2011 at approximat

The following members were present/absent:

Attendee Name Organization Title StatusBeth Van Duyne Irving City Council Mayor PresentLewis Patrick Irving City Council Councilman PresentRick Stopfer Irving City Council Councilman PresentGerald Farris Irving City Council Councilman PresentJoe Philipp Irving City Council Councilman Present

Rose Cannaday Irving City Council Councilwoman PresentRoy Santoscoy Irving City Council Councilman PresentMike Gallaway Irving City Council Councilman PresentDennis Webb Irving City Council Councilman Present

DISCUSSION TOPIC

1 Recognizing Exceptional Employees

Tommy Gonzalez, City Manager, recognized the recipients of the 20Employees Award.

2 Review of Regular Agenda

2 Ordinance -- Public Hearing & Adoption of the 2011-12 City of IrvBudget

Maura Gast, Executive Director of the Irving Convention and Visitpresented a program overview to the city council.

3 Ordinance -- Setting the 2011 Tax Rate and Levying the Tax as RState of Texas Property Tax Code

Bret Starr, Budget Administrator, provided an overview of the bud

cost savings and expenditures to the 2011 Tax Rate. The Councildiscussed the budget and potential tax rate at. The City Manager.5958 per $100 assessed value. If employee step increases are into the base budget the tax rate would be set at .5986 per $100 avalue. By general consensus the council directed the City Managerate at .5986 per $100 assessed value.


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City CouncSep

CONSENT AGENDA10 Resolution -- Approving an Agreement Between the City of Irving

Greater Irving-Las Colinas Chamber of Commerce to Provide Annfor Economic Development Services for the City of Irving, Texas

This item will be postponed to the next meeting, October 6, 2011.

11 Resolution -- Approving a Sister Cities/International Trade DeveloAssistance Center Services Contract with the Greater Irving-Las CChamber of Commerce

This item will be postponed to the next meeting, October 6, 2011.

22 Ordinance -- Amending Section 41-23 of Chapter 41 of the Code Criminal Ordinances of the City of Irving Texas, by Adding an AnnRegistration Fee for Backflow Prevention Testing

Todd Reck, Water Utilities Director, described the proposed regis

ZONING CASES AND COMPANION ITEMS24 Resolution -- Granting Temporary Use Permit G1107-0016 to Allo

Collection Center - Property Located at 3602 North Belt Line RoaRecycling LLP and Kroger Texas, LP, Applicants

Ken Bloom, Chief Planner, presented the applicants request for arecycling center. Staff recommends approval of this item on a tem6 months, and if it works out the applicant will come back for primapproval.

25 Ordinance -- Zoning Case #ZC11-0010 - Granting S-P-1 (DetailedC-N (Neighborhood Commercial) Uses and Pole Sign - ApproximLocated at 4095 North Belt Line Road - Fries Restaurant Manage

Applicant - Blair Family Trust, Owner

Ken Bloom, Chief Planner, noted that this item has been withdraw

26 Ordinance -- Zoning Case #ZC11-0034 - Granting S-P-1 (DetailedRestaurant and Outside Dining Uses Approximately 0 79 Acres


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City CouncSep

27 Ordinance -- Amending Subsection 35-16(e)(1)a of Section 35-16Irving Land Development Code Part IV (Subdivisions) to Provide a

for Lots that Comply with the Area Requirements of the R-40 SingDistrict - City of Irving, Applicant

Steve Reed, Planning & Development Manager, described the prordinance changes.

28 Ordinance -- Amending Section 52-25a FWY Freeway District an25 M-FW Freeway District Regulations of Part V Repealed Zonin

Comprehensive Zoning Ordinance No. 1144 of the City of Irving, TAmending the Required Setback and Screening Requirements foParking - City of Irving, Applicant.

Steve Reed, Planning & Development Manager, described the prordinance changes.

EXECUTIVE SESSION

Council convened into executive session pursuant to Section 551.071 of thGovernment Code at approximately 4:28 p.m.

3 Legal Advice - City of Hugo v. Nichols, et al.

Council adjourned from executive session at approximately 4:44 p.m.

Council adjourned the work session at approximately 4:46 p.m.

_______________Beth Van Duyne, M

ATTEST:


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REGULAR MEETING OF THE IRVING CITY COUNCILMEETING MINUTESSeptember 22, 2011

The City Council met in regular session in the Council Chambers of the City Complex on Thursday, September 22, 2011 at 7:07 p.m. The following mempresent / absent:

Attendee Name Organization Title StatusBeth Van Duyne Irving City Council Mayor Present

Lewis Patrick Irving City Council Councilman Present

Rick Stopfer Irving City Council Councilman Present

Gerald Farris Irving City Council Councilman PresentJoe Philipp Irving City Council Councilman Present

Rose Cannaday Irving City Council Councilwoman Present

Roy Santoscoy Irving City Council Councilman Present

Mike Gallaway Irving City Council Councilman Present

Dennis Webb Irving City Council Councilman Present

INVOCATION

The invocation was delivered by Reverend Deborah Jones of First Christiathe City of Irving, Texas.

PLEDGE OF ALLEGIANCE

The pledge of allegiance was given by Councilman Lewis Patrick.

PROCLAMATIONS AND ANNOUNCEMENTS

Jan Bodnar, Main Library - Ms. Bodnar requested to speak regarding the BigLibrary Program. She announced that the book this year is The Adventures

Sawyer and invited the Mayor and Council to participate in the program.

Mayor Van Duyne recognized Zain Dabbous for winning the gold medal in thevent for boys in the eight and under age division at the State Finals Texas

Athletic Federation.


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City CouSeptem

Citizens Forum

Joyce Howard, 1401 Colony Drive, Irving, TX - Ms. Howard spoke in geneFY 2011-2012 general budget.

Elena Blake, 812 Murl Drive, Irving, TX - Ms. Blake spoke regarding the ACounty Performance Hall and the Arts Park.

Loren Peters, 1425 Keller Drive, Irving, TX - Mr. Peters spoke regarding th

watering restrictions not applying to the City of Irving.

CITY COUNCIL AGENDA

Public Hearings

1 Public Hearing No. (ID # 4109) -- Receive Input on the Redistrictin

Bob Heath, of Bickerstaff Heath Delgado Acosta LLP, provided an the redistricting map. Marivi Gambini also spoke to let Hispanmembers know she is available for translation.

No one signed up to speak on this item.

2 Ordinance No. ORD-2011-9283 -- Public Hearing & Adoption of City of Irving Fiscal Year Budget

The following individuals signed up to speak:Roy Getting, 2208 Rita Ct., Irving, TXOscar Ward, 608 Farine Dr., Irving, TXBarbara Hull, 400 Lavida Ct., Irving, TX

Jason Dix, Irving Police Association, 13012 Berrywood Trail, Fort WoJoe Mapes, P.O. Box 141864, Irving, TXLucia Rottenberg, 2220 Indian Creek Dr., Irving, TX

Motioned by Councilman Stopfer, seconded by Councilwoman CAd ti f th 2011 12 Cit f I i Fi l Y B d t


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City CouSeptem

Council members voting in favor of this motion include: CouncilmaCouncilman Stopfer, Councilman Santoscoy, Councilwoman

Councilman Patrick and Councilman Webb.

RESULT: ADOPTE

MOVER: Rick Stopfer, C

SECONDER: Rose Cannaday, Cou

AYES: Patrick, Stopfer, Cannaday, Santoscoy, Gallaw

NAYS: Beth Van Duyne, Gerald Farris,

3 Ordinance No. ORD-2011-9284 -- Setting the 2011 Tax Rate and Tax as Required by the State of Texas Property Tax Code

The following individuals signed up to speak in opposition of this item

Roy Getting, 2208 Rita Ct., Irving, TXKensley Stewart, 3916 Tacoma St., Irving, TXJoe Mapes, P.O. Box 141864, Irving, TXLucia Rottenberg, 2220 India Creek Dr., Irving, TX

Motioned by Councilwoman Cannaday, seconded by Councilmanapprove Setting the 2011 Tax Rate and Levying the Tax as RequState of Texas Property Tax Code at .5986.

Motion approved 6-3.

Council members voting in opposition to this motion include: Mayor Councilman Philipp and Councilman Farris.

Council members voting in favor of this motion include: Councilma

Councilman Stopfer, Councilman Santoscoy, Councilwoman Councilman Patrick and Councilman Webb.

RESULT: ADOPTE

MOVER: Rose Cannaday, Cou


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City CouSeptem

4 Ordinance No. ORD-2011-9285 -- Adopting the 2011 City of IrvingRequired by the State of Texas Property Tax Code

Motioned by Councilman Stopfer, seconded by Councilman PhilippAdopting the 2011 City of Irving Tax Roll as Required by the StaProperty Tax Code


RESULT: ADOPTED [UNA


SECONDER: Joe Philipp, C

AYES: Van Duyne, Patrick, Stopfer, Farris, Philipp, Cannaday, SGallaway, Webb

5 City Operations Update

Tommy Gonzalez, City Manager, presented a video on the operations

CONSENT AGENDA

Motioned by Councilman Stopfer, seconded by Councilman Gallaway to appagenda items 6-22 and postpone items 10 and 11 to the October 6, 2011 co


6 Approving Minutes for Wednesday, August 31, 2011

RESULT: ACCEPTED [UNA


SECONDER: Mike Gallaway, C


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City CouSeptem

7 Approving Minutes for Wednesday, August 31, 2011





8 Approving Minutes for Thursday, September 01, 2011





9 Approving Minutes for Wednesday, September 07, 2011


MOVER: Rick Stopfer, CSECONDER: Mike Gallaway, C


10 Resolution No. RES-2011-237 -- Approving an Agreement Betwe

of Irving and the Greater Irving-Las Colinas Chamber of CoProvide Annual Funding for Economic Development Services foIrving, Texas

This item was postponed to the October 6, 2011 council meeting.


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City CouSeptem

11 Resolution No. RES-2011-238 -- Approving a Sister Cities/InternatDevelopment and Assistance Center Services Contract with t

Irving-Las Colinas Chamber of CommerceThis item was postponed to the October 6, 2011 council meeting.

RESULT: POSTPONEDNext: 10/6/201

12 Resolution No. RES-2011-239 -- Approving a Memorandum of UndBetween the City of Irving and Dallas County for PrisonerAssistance Services





13 Resolution No. RES-2011-240 -- Approving an Entertainment VenCost Allocation





14 Resolution No. RES-2011-241 -- Awarding a Contract to Technologies, Inc., for Durango and McClendon WastewImprovement Project



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City CouSeptem

15 Resolution No. RES-2011-242 -- Awarding a Contract to RKM UtiliInc., for the Patrick, Himes and Anna Water and Wastew

Improvements Project




AYES: Van Duyne, Patrick, Stopfer, Farris, Philipp, Cannaday, S

Gallaway, Webb

16 Resolution No. RES-2011-243 -- Awarding a Contract to V.A. CoInc., for the 2011 Sidewalk Improvements Project




17 Resolution No. RES-2011-244 -- Approving Change Order No

Construction Company, Inc., for the Fifteenth/Robinson and RWater and Wastewater Main Improvements Project






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City CouSeptem

18 Resolution No. RES-2011-245 -- Approving Renewal of AgrServices Between the City of Irving and Keep Irving Beautiful, Keep Irving Beautiful Program





Gallaway, Webb

19 Resolution No. RES-2011-246 -- Authorizing Staff to NeArchitectural and Engineering Services Agreement with Huitt-Zfor the Design of the State Highway 114 Crossroads SignaEnhancements Project





20 Resolution No. RES-2011-247 -- Approving an Agreement Betweof Irving and Trinity River Authority to Provide Water and Laboratory Analysis Services to Meet Federal and State StandaCity of Irving, Texas





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City CouSeptem

21 Ordinance No. ORD-2011-9286 -- Authorizing the Abandonment Wide Public Utility and Drainage Easement Located at 333 Lane





22 Ordinance No. ORD-2011-9287 -- Amending Section 41-23 of Chthe Code of Civil and Criminal Ordinances of the City of IrvingAdding an Annual Registration Fee for Backflow Prevention Tes




INDIVIDUAL CONSIDERATION

23 Ordinance No. ORD-2011-9281 -- Final Reading - Amending Entitled Water and Sewer Rates of the Code of Civil anOrdinances of the City of Irving, Texas, Providing for New Moand Sewer Rates

The following individuals signed up to speak in opposition of this itemLoren Peters, 1425 Keeler Dr., Irving, TX

Roy Getting, 2208 Rita Circle, Irving, TXJoe Mapes, P.O. Box 141864, Irving, TXJames Baker, 2724 Lake Gardens Dr. Irving, TX

Motioned by Councilwoman Cannaday, seconded by Councilmanapprove Final Reading Amending Chapter 52 Entitled Water and S


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City CouSeptem

RESULT: ADOPTE


SECONDER: Rick Stopfer, C

AYES:Patrick, Stopfer, Farris, Philipp, Cannaday, Santoscoy, Gallaw

NAYS: Beth V

ZONING CASES AND COMPANION ITEMS

24 Resolution No. RES-2011-248 -- Granting Temporary Use Permit to Allow a Recycling Collection Center - Property Located at Belt Line Road - Reimagine Recycling LLP and Kroger Applicants

Mayor Van Duyne opened the public hearing at approximately 9:26 p

Mayor Van Duyne closed the public hearing at approximately 9:26 p.m

Motioned by Councilman Santoscoy, seconded by Councilwoman Capprove Granting Temporary Use Permit G1107-0016 to Allow Collection Center - Property Located at 3602 North Belt Line Road Recycling LLP and Kroger Texas, LP, Applicants



MOVER: Roy Santoscoy, C

SECONDER: Rose Cannaday, Cou


25 Ordinance No. ORD-2011-9288 -- Zoning Case #ZC11-0010 - Gra(Detailed Site Plan) for C-N (Neighborhood Commercial) UseSign - Approximately 1.4 Acres Located at 4095 North Belt LFries Restaurant Management Applicant - Blair Family Trust Ow

Cit C


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City CouSeptem

26 Ordinance No. ORD-2011-9289 -- Zoning Case #ZC11-0034 - Gra(Detailed Site Plan) for Restaurant and Outside DininApproximately 0.79 Acres Located at 4970 North OConnor BTexas Development Services, Applicant - Albert Restaurant GOwner


The following individuals signed up to speak in favor of this item:Mardy Brown, applicant representative, 4300 Sigma Rd., Suite 100, D


Motioned by Councilwoman Cannaday, seconded by Councilmanapprove Zoning Case #ZC11-0034 - Granting S-P-1 (Detailed SRestaurant and Outside Dining Uses - Approximately 0.79 Acres LocNorth OConnor Boulevard - Texas Development Services, ApplicRestaurant Group LLC, Owner






27 Ordinance No. ORD-2011-9290 -- Amending Subsection 35-1Section 35-16 of the City of Irving Land Development Co(Subdivisions) to Provide an Exception for Lots that Comply wiRequirements of the R-40 Single Family District - City of Irving, A



Motioned by Councilwoman Cannaday seconded by Councilman

Cit C


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City CouSeptem





28 Ordinance No. ORD-2011-9291 -- Amending Section 52-25a FWDistrict and Section 52-25 M-FW Freeway District Regulations

Repealed Zoning Districts of Comprehensive Zoning Ordinance the City of Irving, Texas, by Amending the Required Setback andRequirments for Accessory Parking - City of Irving, Applicant.



Motioned by Councilman Stopfer, seconded by Councilman Sapprove Amending Section 52-25a FWY Freeway District and SectiFW Freeway District Regulations of Part V Repealed Zoning Comprehensive Zoning Ordinance No. 1144 of the City of Irving

Amending the Required Setback and Screening Requirements foParking - City of Irving, Applicant




SECONDER: Roy Santoscoy, C


Gallaway, Webb

APPOINTMENTS AND REPORTS

29 M R t

City Cou


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City CouSeptem

30 Adjournment

The meeting adjourned at approximately 9:34 p.m.

_________________Beth Van Duyne, May

ATTEST:

______________________Shanae Jennings, TRMCCity Secretary


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AGENDA ITEM SUMMARY

Meeting: 10/6/2011Recommending Department: City Secretarys Office

Resolution -- Authorizing the Destruction of Obsolete Accordance with the City of Irvings Records Management Poli



2. Impact: Departments annually approve destruction of recordsretention has been met. This assures that all record destruction iswith the Records Management Plan.

3. Destruction is requested for 99 cubic feet of records for Tax Office.

Recommendation


ADDITIONAL COMMENTS:

Contract Required: No Review Completed By: N/A

Previous Action: N/A Council Action: N/A

.

ATTACHMENTS:

Destruction October 6, 2011 (PDF)

CURRENT YEAR FINANCIAL IMPACT:

NONE

REVISION INFORMATION:

Prepared: 9/16/2011 11:12 AM by April GoffLast Updated: 9/16/2011 11:32 AM by April Goff


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CITY OF IRVING

COUNCIL RESOLUTION NO. (ID # 4160)

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVIN

SECTION I. THAT the City Council hereby authorizes the destruction of 99 cubi

of unneeded records as shown on the attached list.

SECTION II. THAT this resolution shall take effect from and after its final date of

accordingly so ordered.

PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRV

on October 6, 2011.

__________________________

BETH VAN DUYNEMAYOR

ATTEST:

_______________________________

Shanae Jennings

Acting City Secretary

APPROVED AS TO FORM:

_______________________________

Charles R. Anderson

City Attorney

4.a

r6,2011(4160:02RMAUTHDestructionofObsoleteRecords)


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4

4.a



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4

4.a



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4.a



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4.a



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4.a



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AGENDA ITEM SUMMARY


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AGENDA ITEM SUMMARY

Meeting: 10/6/2011Recommending Department: City Managers Office

Resolution -- Approving an Agreement Between the City of IrvGreater Irving-Las Colinas Chamber of Commerce to ProvFunding for Economic Development Services for the City of Irv



2. Impact: This agreement authorizes annual funding for economimarketing services from the Greater Irving-Las Colinas Chamber osupport a vibrant economy and business growth in Irving.

3. The purpose of this contract is to promote Irving economic develostrategies and programs designed to increase the tax base, encoura

job growth, and recruit, retain and develop businesses both internationally, including small businesses and minority and wbusinesses.

4. The city partners with the Greater Irving-Las Colinas Chamber ofsupport new and existing businesses with site selection, incentivzoning, training resources, and networking opportunities.

5. Key results from FY 10-11 include:

Celanese, corporate headquarters relocation - 385 jobs

Consolidated Electrical Distributors, corporate headquarters relocation - Terminal Reality, corporate headquarters relocation - 140 jobs EcoLab, regional office relocation - 100 jobs KidKraft, distribution facility relocation - 150 jobs Aviall Services, logistics/distribution operations expansion - 400 jo In-N-Out Burger, new targeted retail store location - 35 jobs Freebird World Burrito, new targeted retail store location - 25 jobs

6. Economic development results are reported back to the City on a qua

7. Funding in the amount of $1,675,000.00 is available in the EconomFund.

Recommendation

1 On September 18 2008 Council approved an agreement with the Gre


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1. On September 18, 2008, Council approved an agreement with the GreColinas Chamber of Commerce for economic development services to be October 1, 2008 through September 30, 2009 in the amount of $1,360,000.0the agreement is six years subject to annual appropriations by the City Council,on September 30, 2014.

2. On November 6, 2008, Council approved Addendum No. 1 to allow for provide management and leasing services for the three Texas Stadium Themfor parking provisions to support the PGA sponsored Byron Nelson Golf Tourna

3. On February 5, 2009, Council approved Addendum No. 2 to allow for t

provide services to implement and sustain long-term redevelopment of the Ircorridor, including planning and design of a museum with associated administrin the amount of $15,000.00, and for coordination of the Clarion Associates, Lthe amount of $270,000.00.

4. On July 9, 2009, Council approved Addendum No. 3 to allow for thprovide oversight and management of the redevelopment of the Irving Bouincluding the creation of a division of the Chamber focused on businesses w

Boulevard corridor, and to operate a Chamber of Commerce Information Centeoffice in the Community Building located at 135 S. Jefferson.

5. On September 24, 2009 the Council approved the annual appropriation forthe City of Irving and the Greater Irving-Las Colinas Chamber of Commercamount not to exceed $1,675,000.

ATTACHMENTS:

ED Services Agreement City-Chamber 2011-2012 093011 - D (PDF)


1020-2904-56401-100 Budget: $1,675,000.00 Actual: $1,675,000.00

Budget Adjustment/Transfer Required: No (If yes, please explain.)REVISION INFORMATION:

Prepared: 9/7/2011 04:03 PM by Jonathon BazanLast Updated: 9/26/2011 11:24 AM by Belinda Rowlett

CITY OF IRVING


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CITY OF IRVING

COUNCIL RESOLUTION NO. RES-2011-237


SECTION I. THAT the City Council hereby approves the attached agreement betIrving and the Greater Irving-Las Colinas Chamber of Commercdevelopment services to be provided from October 1, 2011, throug2012, in an amount not to exceed $1,675,000.00, and the Mayor

execute said agreement.

SECTION II. THAT this expenditure shall be charged to Account No. 1020-2904-5

SECTION III. THAT this resolution shall take effect from and after its final date of accordingly so ordered.

This is to certify that current year funds are available for expenditure in the current bu

availability of any amounts estimated for future budget years are subject to funds beingthat purpose by the City Council.

__________________________________Max S. Duplant, CPA

Chief Financial Officer

PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRon October 6, 2011.

__________________________BETH VAN DUYNE

MAYOR

ATTEST:

_______________________________Shanae JenningsA ti Cit S t

STATE OF TEXAS


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STATE OF TEXAS ECONOMIC DEVELOPMENT SERVICES C

COUNTY OF DALLAS

THIS ECONOMIC DEVELOPMENT SERVICES CONTRACT (hereato as Contract) is made by and between the GREATER IRVING-LASCHAMBER OF COMMERCE, a Texas nonprofit corporation (hereafter reCHAMBER), and the CITY OF IRVING, TEXAS, a municipal corporatioDallas County, Texas (hereafter referred to as CITY), each acting by andduly authorized representatives.

W I T N E S S E T H:

WHEREAS, CITY desires to employ CHAMBER on an independenbasis to provide economic development services to CITY, and CHAMBEfurnish economic development services to CITY; and

WHEREAS, it is the intent of the parties that CHAMBER and CITY sh

and maintain an arms length relationship in which CHAMBER providmeasurable services, as more fully described below, in exchange for a speof monetary remuneration, as more fully set forth below; and

WHEREAS, the CITY and CHAMBER agree that the goal of thispromoting economic development and business growth through a serieeffective strategiesand programs with the following overall objectives:

A. To increase the CITYS tax base by implementing programsincrease the occupancy of buildings in Irving;

B. Assist in increasing high-paying job opportunities for the CITYS re

C. Assist the Salesmanship Club of Dallas and the HP ByTournament to assure adequate parking to meet Tournament nee

D. Management and leasing of the three Theme Towers owned by the purpose of using this lease revenue for marketing and recruitmas retention of existing businesses; and

E. Management of an Information Center in the Irving South sub-ma

1 SERVICES Th CHAMBER h ll id th (3) l l f


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1. SERVICES. The CHAMBER shall provide three (3) levels of described below:

I. ECONOMIC DEVELOPMENT MARKETING SERVICES

A. Scope of Services. CHAMBER shall use its best efforts economic development services for the CITY both domeinternationally. The CHAMBER shall promote economic devebusiness growth through a series of highly effective strprograms as outlined below:

1. Objectives:

(a) Assist CITY to increase the CITYS tax base by:

(1) Pursuing programs that could increase the obuildings in every market segment of Irving, and

(2) Pursuing programs that could increase the

available property thus enhancing the CITY'S tax

(b) Assist in increasing the number of high-paying job ofor the CITYs residents.

2. Services to be provided by the CHAMBER on behalf oinclude:

(a) Recruitment and retention of commercial tax base selection assistance to business owners, commerciabrokers, and/or professional consultants for new obusinesses into all market segments of Irving includlimited to, Downtown Irving/Heritage Crossing, SoutDistricts, 161 Corridor; Foreign Trade Zone 39, DFValley Ranch, Las Colinas, and the Texaredevelopment area;

(b) One-stop service for business owners, commercialbrokers, and/or professional consultants for the coorelocation and/or expansion incentives offered byincluding the compiling, reviewing, and analyzing ofj b d d f h CITY f i i

(c) Guidance and assistance to businesses in compiling


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(c) Guidance and assistance to businesses in compilingnecessary to qualify for incentive programs offered thrCounty and/or the State of Texas;

(d) Growth of commercial tax base by the identificationmarkets and business classifications/categories fadvertising and recruitment into Irving;

(e) Protecting the brand of the CITY by updating andmarketing and promotional materials that identify preferred business location and produce newrecruitment and retention materials on an as need ba

(f) Enhancing the brand of the CITY by creating adversupporting events that create a positive image for national, regional, and local markets;

(g) Protecting and maintaining the image of the CITY afriendly through open communication with commercial real estate brokers, and professional coemphasize Irving as a preferred address for their busclients;

(h) Maintain an information center within Heritage communicate information to visitors about Irving provide information on the Heritage Crossing Boulevard redevelopment;

(i) Develop and implement initiatives that will result in dwith targeted firms by:

(1) Attendance and use of promotional booth at convtrade shows of targeted business categories;

(2) Participating in regional delegations and trad

activities to promote Irving and the North Texas r

(3) Working closely with national and regionarelocation firms by making formal presentationsas needed and providing them appropriate

i l d

(j) Respond to all leads generated through trade show


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(j) Respond to all leads generated through trade showtrips, advertising, and economic development information about the CITY as well as corporatproposals as appropriate;

(k) Benchmark to other cities and recommend chanCITYS incentive policies, as needed, to meet chanconditions and remain competitive with similar cities; a

(l) Assist the CITY in implementing its Strategic Plan emphasis on Strategic Goal No. 3, Cultivate an Conducive to Strong, Successful Economic Deve

Enhance and Diversify Irvings Economic Base.

B. Performance Measures. Under this section of the Contract:

1. The CHAMBER shall protect current occupancy by convisits to 60 of Irvings significant employers and/or busineIrving and include representatives of the City CounciDevelopment Advisory Council members, and/or CHAMmembers, as appropriate, to communicate that Irving these businesses being in the city, seek local opportunitthese businesses in being more successful, and identify nleads from their vendors and/or customers.

2. The CHAMBER shall create a positive business image for making a minimum of 2,000 contacts with local busines

may be informal, drop-in visits to businesses by the CHAmembers and/or CITY staff, welcome letters, congratulaforums and receptions as appropriate to identify issues businesses with a personal contact name should busiarise.

3. The CHAMBER shall market Irving and recruit for neinvestment through business visits, advertisements, trade

relationships with commercial real estate brokers and consultants to generate 45 new, viable projects that have aexpectation of resulting in a relocation to Irving, retention/expansion projects that are seeking competitive,real estate options in the market. These leads will bh h d h i i ki i h l l i l

4 To protect the CITYS current occupancy base the CHA


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4. To protect the CITY S current occupancy base, the CHApursue involvement of business leaders within Irving to bridecision-makers together to express appreciation for theIrving and to provide them opportunities to develop ne

relationships with their peers. The CHAMBER will coorditwo (2) events related to this objective during the fiscal yea

5. To support small businesses, the CHAMBER shall cminimum of six (6) workshops (two bilingual) and/or progthe fiscal year to disseminate information and training oppsmall businesses in Irving that will help them be more succCHAMBER shall also provide monthly business d

opportunities for small businesses and support small busentrepreneurs through the use of SCORE counselors, hos(6) seminars focused on small businesses, and host a three (3) recognition events.

6. The CHAMBER shall actively target 40 retailers from the BAnalysis and other marketing resources through direct conleads, and industry trade shows that will result in five (5) nto Irving, the creation of 200 job opportunities for Irving generate a minimum of $7.0 million in new, annual taxable

7. The CHAMBER shall expand its use of the HP ByChampionship as a tool for recruiting new businesses intretention of existing businesses. The CHAMBER shall participation with the North Texas Commercial Association

(NTCAR) by co-sponsoring events in conjunction withNelson.

8. To enhance the CITYS brand, the CHAMBER shall mainof the CITY with commercial real estate brokers, profeselection consultants, and/or Urban Land Institute bysponsoring events during the fiscal year. The intent will bethe advantages of an Irving address for their clients.

9. To grow the CITYS commercial tax base and job oppocitizens, the CHAMBER shall participate in a minimum of fshows and/or mission trips, which will provide opportuniprospects for relocation and/or expansion into Irving. T

i l d j i i i i i i l i l

10.The CHAMBER shall participate in promoting Irving


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10. The CHAMBER shall participate in promoting Irving targeted markets outside of Texas. These will badvertisements, events, and/or direct communication wleaders to highlight the advantages of an Irving address.

11. The CHAMBER shall communicate development prioritiesto the business community through a minimum transportation infrastructure updates and a minimum of foufor communicating Irving priorities and receive input.

12. The CHAMBER shall provide assistance to the CITY in redinitiatives at the former Texas Stadium site and in Heritage

13. The CHAMBER shall provide an increase emphasis on business market of Irving by:

(a) Providing business development and enhancement ina focus on Hispanic-owned businesses throughout Irv

(b) Communicate and facilitate business development inprograms of the CITY to the Hispanic-owned businessof Irving;

(c) Encouraging Hispanic-owned business participationbusiness programs of the CHAMBER, the CITY, anand

(d) Assisting the CITY in promoting its minority and wobusiness objectives.

14. The CHAMBER shall successfully recruit a minim100,000 square foot commercial real estate project (sale orecruit a minimum of two (2) commercial real estate projelease) that are at least 50,000 square foot per transactionminimum of 200,000 sq ft.

C. Consideration for Services. In consideration of the economic dservices to be provided under this section by CHAMBER tCITY shall pay to CHAMBER the amount of One Million SSeventy-five Thousand Dollars ($1,675,000) for the CITYSb i i O b 1 2011 h h S b 30 2012

month, or as soon as possible following approval by the City


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, p g pp y ythe following manner:

1. CITY shall make payment installments to the CHAMBER in

of Two Hundred Twenty-Five Thousand Dollars ($225,000and November 2011; One Hundred Sixty Thousand Dollarsin December 2011; One Hundred Fifty Thousand Dollars ($January 2012; One Hundred Eighty-Five Thousand Dollarsin February 2012; One Hundred Forty-Five Thousa($145,000) in March 2012; One Hundred Twenty-FiveDollars ($125,000) in April 2012; One Hundred Thous($100,000) in May 2012; Ninety Thousand Dollars ($90,0

July, and August 2012, and Ninety Thousand Dollars September 2012.

CHAMBER may request, and the CITY shall amend, thepayment in any one month up to a maximum of 10 peCHAMBER submits revisions to future months so that thefiscal year does not exceed One Million Six Hundred SThousand Dollars ($1,675,000).

2. CITY funds provided to CHAMBER shall be used only fdevelopment activities and programs in accordance withand in accordance with the annual work plan anddevelopment budget presented to the City Council in July and upon which the City Council based its line item asupporting this Contract with CHAMBER.

3. It is recognized that all payments are subject to apprfunding in the annual budget of CITY as adopted each yeaCouncil. CITY funds provided to CHAMBER hereunder sonly for specific services described above, and as may be mutual agreement of both parties.

4. CITY agrees to make available to CHAMBER copies

documents of CITY reports, papers, and data for CHAMand marketing purposes, and may provide copying servic$4,500 annually through the CITYS print shop for CHAMand marketing purposes. All print orders to be coordinatedReal Estate and Development Business Services Coordina

6. It is understood that the amount budgeted for each resp


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g pyear of this Contract shall not be exceeded for any reason written authorization of the CITY.

7. To provide the Chamber incentive for meeting and exprimary provisions of this contract, the City is providing tincentives, subject to paragraph 1.I.C.8 below.

A. If the Chamber fails to substantially accomplish the reqSection 1.I.B.3. (generation of new and retentioprojects), Section 1.I.B.6. (retail recruitment), 1.B.14 (square footage requirement) of this agreememay reclaim 5% of the compensation paid under the t

contract in the subsequent year.B. If the Chamber exceeds the primary provisions of this

enumerated in Sections 1.I.B.3, 1.I.B.6 and 1.4.14 by 1viable projects that have a reasonable expectation of rrecruitment, retention/expansion success, and recruitments with 6 retail successes, and five successe250,000 square feet in total commercial real estate trthe Chamber shall receive an additional 5% in total counder this agreement.

8. The Parties understand and agree that circumstances maare beyond their control and which could prevent the Chachieving the performance standards contained in this Accordingly, the parties agree that if the Chamber is prevperformance standards contained in this Agreement by an acacts of war, riot, or civil commotion, by an act of State, by

flood, or by the occurrence of any other event beyond the cparties, the Chamber shall not be subject to the 5% repaymein paragraph 1.I.C.7., above.

II. THEME TOWER MANAGEMENT/HP BYRON NELSON CHA

PARKING COORDINATION

Under this section of the Contract, CHAMBER shall provide the m

and leasing of the three Theme Towers (hereinafter referred toTowers) located on CITY property, formerly the site of Texas StCITY recognizes that the CHAMBER has entered into an agreClear Channel Outdoor, Inc., for management of the Theme Tothe Theme Tower Management Agreement dated May 20, 2009,f i di D b 31 2019

A. Scope of Services. Services to be provided by the CHAM


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CITY include:

1. Leasing the Theme Towers to strategically chosen tenant

one or more of the Overall Objectives;

2. Leasing the Theme Towers on the most favorable termsstream of income to accomplish the Overall Objectives; and

3. Working directly with and assisting the Salesmanship Cland the HP Byron Nelson Championship to assure adequameet Tournament needs.

B. Performance Measures.

1. All agreements, leases, or contracts related to the Scopeshall be submitted to the City Attorney in advance of execCHAMBER. Such agreements, leases, or contracts shall aor more of the Overall Objectives. Such agreementscontracts must be according to terms complying with twhich are approved as to form by the City Attorney, which not be unreasonably denied.

2. Any contract with a third party shall require the third party the CITY. The third party shall be required to name the additionally insured on a general commercial liability pamount that is acceptable to the CITY. Any contract re

Scope of Services must be assignable to the CITY.

3. Prepare and deliver, in person or in writing, as directedManager, an annual report on the prospects and possoverall market conditions for leasing the Theme TowersManager may request reports on a more frequent basis.

4. Prepare and deliver, as a part of the general budget pr

report in writing of the revenue and expenses generatedand or operation of the Theme Towers and parking lot.

C. Consideration for Services. In consideration of the manaleasing services to be provided by CHAMBER to CITY, the CI

CHAMBER h f T D ll ($10) f h CITYS

D U f R


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D. Use of Revenue.

1. Revenue from the Theme Towers shall be used first to

operational costs of the Theme Towers includingmaintenance, commissions, fees, and rental payments.

2. Revenue generated from the leasing of the Theme Towused for economic development marketing as well corporate executives, real estate executives, and site securrently have vendors or customers already located within

3. The CHAMBER and Irving Economic Development Partneable to use the revenue for increased targeted marketingnational, and international site selectors.

4. The Theme Towers may also be used to promote aneconomic development wins for the CITY, advertise keyevents including the convention center and entertainmentpublic information messages that are important to share and commuters along the major highways adjacent to Towers.

5. The Theme Towers shall not be used to promote messagecontrary or opposed to the CITY or its adopted or stated official stances.

III. CHAMBER OF COMMERCE INFORMATION CENTER

Scope of Services. CITY will provide the CHAMBER the Community Building located at 135S. Jefferson, for its use as a Commerce Information and Visitors Center. Maintenance of the grounds shall remain the responsibility of the CITY. The CHAcompensate the CITY an amount of $1,500 per month in lease pa$1,250 per month to offset the costs of utilities, maintenance, an

the building.

2. INDEPENDENT CONTRACTOR STATUS. CHAMBER is aindependent contractor when providing economic development services forthis Contract. The CHAMBER shall manage the economic developme

f d hi C h l f hi h i h

3 CHAMBER POSITIONS ON ISSUES It is f rther agreed tha


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3. CHAMBER POSITIONS ON ISSUES. It is further agreed thaCHAMBER takes formal positions on public policy issues that those posicommunicated to the Mayor, City Council, and City Manager of the CITY as

contributing to the City Councils development of balanced, progressive puthat reflect the best interest of the CITY business community, its citizeenhanced quality of life. In formulating its positions on public policy CHAMBER will continue to give balanced consideration to the interesbusiness community as well as that of the entire community.

It is expressly understood and agreed that the presence of this Contrpreclude the CHAMBER from advancing its policy positions to or before th

Council. However, the CHAMBER will use its best efforts to ensurepresentations of policy positions before the City Council for the CITY will CHAMBER Chairman of the Board, President/CEO, staff, and other voluleaders, as appropriate.

Upon adoption of a policy by the City Council of the CITY, the CHAMits business recruitment /marketing efforts under this Contract always suppoand present CITY as the preferred choice for business location.

4. TERM AND TERMINATION. This Contract shall be for a perioyears commencing on October 1, 2011. It is the intent of both parties that tbe reviewed annually in a joint meeting and any amendments be presentedCouncil when annual compensation is being determined. The expiration dSeptember 30, 2016. The amount of annual funding for future perestablished by the City Council of the CITY during its normal budget process

The parties understand and acknowledge that in the new space thehas occupied since July 23, 2010, the CHAMBER is not able to segregate thdevelopment center space from the space the CHAMBER required foperations. Therefore, in the event of termination, the CHAMBER will not bto sublet that portion of the space devoted to economic development.

As permitted by the Contract, and in consideration for the continued

the Contract, which consideration the parties acknowledge, the parties hand agree to the following additional provisions to the Contract:

A. In the event the CITY or CHAMBER wishes to terminate the Coprovide notice to the other party, which will trigger the Termination Period.

(1) During months 1 through 3, the payments will be 100 percent ofpayment amounts called for in the Contract


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payment amounts called for in the Contract.

(2) During months 4 through 6, the payments will be 90 percent,

and 50 percent of the monthly payment amounts called for in trespectively.

D. During the Termination Period, the CHAMBER will continueeconomic development work for the CITY on a pro rata basis that corresppercentage of payment called for in paragraphs C(1) and C(2), above. HCITY may request additional economic development work, providing CHAMBER an amount that corresponds to the additional amount of work req

E. During the Termination Period, the CITY will assist the CHrenegotiating its lease or subletting the CHAMBER space, and the CITY wCHAMBER in the outplacement of the CHAMBERS economic development

F. During and following the Termination Period, the CITY shall hafinancial obligations to the CHAMBER save as stated in paragraphs C. (1)above.

5. REPORTING. CHAMBER shall provide the City Manager and ChOfficer a preliminary operating budget by May 15 of each year, copies of development divisions annual work program and proposed operating budgeof each year, and a copy of its annual audited financial statement within otwenty (120) days after the end of the CHAMBERS fiscal year. The CHalso submit copies of the management letter, prepared by the independe

conjunction with the annual audit, within ten (10) days of its presentaCHAMBERS Board of Directors. The CHAMBER shall also submit coCHAMBERS response to the management letter to the City ManageFinancial Officer no later than forty-five (45) days after receipt of the managCopies of quarterly budget reports, including revenue and expensescategories, will also be provided to the CITY as requested, or required, bThe financial records associated with this Contract shall be made available fthe CITY or its designated representative, upon request and reasonable adv

by the CITY.

It is specifically agreed that the CHAMBER shall meet with the Cand/or Chief Financial Officer of the CITY, not less than once each calendadiscuss progress and target market strategies. The CHAMBER shall prCITY f l b i i J A il J l d

disclose overpayment by the CITY to the CHAMBER, written noticoverpayment shall be provided to the CHAMBER and the amount of overpa


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overpayment shall be provided to the CHAMBER and the amount of overpabe promptly reimbursed by the CHAMBER to the CITY. In the event such ois not paid within ten (10) days after receipt of such notice, the unpaid amo

overpayment shall bear interest at the rate of 1 percent per month from the notice until paid.

It is also the intent of this Contract that the CHAMBER report on theffectiveness of economic development efforts in a manner that is consistContract.

CHAMBER also agrees to report on a quarterly basis to the CITY

listing of all firms/businesses that the CHAMBER materially assisted with theor expansion to CITY. Included in this report, for those businesses incentives from the city, will be a listing of all new jobs created with avesalaries, the levels of new business investment associated with each firprojected increase in Irving sales tax, property tax and business personal received by the City as a result of that private investment by those companfor incentives from the City. Chamber shall quantify the direct monetarevenues realized by the City from such relocations and retention/expansThe report shall also include the funds paid by the City to those companiincentives under their incentive contract with the City. The monetary value shall likewise be reported in a similar manner for those companies incentives. The Chamber shall also report the net benefit to be receivedfrom these recruitments and retentions/expansions.

Records of the CHAMBER relative to this Contract and use of public

be open to the public. The only exception to this provision is those recrelated to active client contacts of negotiations, including the identity of cliesite location considerations. Nothing herein shall be construed to reqdisclosure than state law requires, as may be determined by court orderGenerals Opinion. Notwithstanding state law, however, the City Council shall be entitled to determine as a matter of public policy that certain recorddisclosed. Nothing herein shall be construed to imply that the CHAMBsubject to the Open Records Act.

6.

6. NOTICES. Any notices or other communications including promany change of address or any other matters required or desired to be givenCHAMBER h ll b i i i i d li d b i i h d li

CHAMBER: Greater Irving-Las Colinas Chamber of Co


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CHAMBER: Greater Irving Las Colinas Chamber of Co5201 N. OConnor Boulevard, Suite 100Irving, Texas 75039

Attention: Chris E. Wallace, President/CE

7. BINDING CONTRACT. This Contract is binding and shall inure tof the parties and their respective legal representatives, successors, and ass

8. HEADINGS. The headings and captions in this Contract are for only and shall in no way amend, modify, or in any way affect the substContract.

9. AMENDMENT. This Contract may not be modified, altered, except by written instrument duly executed by both parties.

10.GOVERNING LAW. This Contract shall be construed unaccordance with the laws of the State of Texas, and all obligations of the pahereunder are performable in Dallas County, Texas.

11. TRANSPARENCY. For the duration of this Contract, the Chambto respond to any requests which it may receive for information from the pubinterests of transparency and openness regarding the spending of public moChamber shall make available all documents created pursuant to this Agreerequired by the Texas Public Information Act, Chapter 552, Texas GovernmFor documents that would not be released pursuant to an exception under thInformation Act, the Chamber shall coordinate with the City Attorneys Officean opinion from the Attorney General, as determined to be appropriate by thAttorney. The Chamber will advise the City Attorneys Office of all requests business day of receipt if there are any documents which the Chamber belieand should be withheld. The Chamber shall respond to all requests within 1days to the requester.

12.SOLE AGREEMENT. This Contract constitutes the sole and onl

of the parties hereto and supersedes any prior understandings or oral between the parties respecting the subject matter.

EXECUTED on this the day of , 201


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EXECUTED on this the ________ day of __________________, 201

CITY OF IRVING, TEXAS GREATER IRVING-LAS COCHAMBER OF COMMERC

BY: ______________________________ BY: _____________________

Beth Van Duyne Chris E. Wallace

Mayor President/CEO

ATTEST: WITNESS:

Shanae Jennings

Acting City Secretary

APPROVED AS TO FORM:

Charles R. Anderson

City Attorney


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THE STATE OF TEXAS

Chamber Acknowledgment

COUNTY OF DALLAS

BEFORE ME, the undersigned authority, a Notary Public in and for the St

on this day personally appeared Chris E. Wallace, known to me to be the person w

subscribed to the foregoing instrument, and acknowledged to me that he executed

as the act and deed of Greater Irving-Las Colinas Chamber of Commerce,

corporation of Dallas County, Texas, and as President thereof, and for the

consideration therein expressed and in the capacity therein stated.

GIVEN UNDER MY HAND AND SEAL OF OFFICE this _____day of __

2011.

(Seal)

Notary Public In and For the St

My Commission Expires:

____________________

AGENDA ITEM SUMMARY


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Meeting: 10/6/2011Recommending Department: City Managers Office

Resolution -- Approving a Sister Cities/International Trade Dand Assistance Center Services Contract with the GreateColinas Chamber of Commerce



2. Impact: This contract will approve FY2011-12 funding for the Chamsister cities and international trade services to the City.

3. The Chamber will carry out a program of exchanges between thparticipating sister cities, which are focused on business, but may aartistic, educational, economic, community, and/or other appropexchanges, in keeping with the purpose of the worldwide sister cities

4. Funding in the amount of $164,800.00 for period of October 1,September 30, 2012, is available in the Economic Development Fund

Recommendation


ADDITIONAL COMMENTS:

Contract Required: Yes Review Completed By: Karen BroPrevious Action: 9-22-2010 Council Action: Contract approva

.

ATTACHMENTS:

ISC-ITDAC City Contract 2011-12 (DOC)


1020-2904-56401-100 Budget: $164,800.00 Actual: $164,800.00Budget Adjustment/Transfer Required: No (If yes, please explain.)

CITY OF IRVING

COUNCIL RESOLUTION NO RES-2011-238


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COUNCIL RESOLUTION NO. RES 2011 238


SECTION I. THAT the City Council hereby approves the attached Sister City/InDevelopment and Assistance Center Services Contract between the Cthe Greater Irving-Las Colinas Chamber of Commerce for sinternational trade services for the period of October 1, 2011, throug

2012, in an amount not to exceed $164,800.00, and the Mayor execute said contract.

SECTION II. THAT this expenditure shall be charged to Account No. 1020-2904-5

SECTION III. THAT this resolution shall take effect from and after its final date of accordingly so ordered.

This is to certify that current year funds are available for expenditure in the current buavailability of any amounts estimated for future budget years are subject to funds being

that purpose by the City Council.

__________________________________Max S. Duplant, CPA

Chief Financial Officer

PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IR

on October 6, 2011.

__________________________BETH VAN DUYNE

MAYOR

ATTEST:

_______________________________Sh J i

THE STATE OF TEXAS Sister Cities/International Trade Development and As


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Center Services ContractCOUNTY OF DALLAS

This Sister Cities/International Trade Development and Assistance Center SContract (hereafter referred to as "Contract") is made by and between the GREATERLAS COLINAS CHAMBER OF COMMERCE, a Texas nonprofit corporation (hereto as "CHAMBER") and the CITY OF IRVING, Texas, a municipal corporation locDallas County, Texas (hereafter referred to as "CITY"), each acting by and through authorized representatives.

WITNESSETH:

WHEREAS, CITY desires to employ CHAMBER on an independent contraprovide sister cities/trade center services to CITY, and CHAMBER desires to furnisservices to CITY. It is the intent of the parties that CHAMBER and CITY shall estamaintain an "arms length" relationship in which CHAMBER provides specific, measervices, as more fully described below, in exchange for a specific amount of monet

remuneration, as more fully set forth below.

The parties agree as follows:

1. Contract. CITY Contracts with CHAMBER, and CHAMBER agrees to CCity, to provide specific, measurable sister cities/trade center services. The CHAMprovided the CITY with significant financial and other benefits through the various programs and now desires to enter into this Contract with the CITY for the services

below.

2. Scope of Services. CHAMBER shall use its best efforts in rendering sistinternational trade services to the CITY. In this connection, CHAMBER will accomactivities which are more particularly described as follows:

The CHAMBER will:

a. Assign the coordination of the sister cities program to a division of the CHAMBmay solicit and be composed of members of the community on a volunteer basisfor a governing structure for such division;

b Support the international/government relations programs by providing staff and

of exchanges, in keeping with the purpose of the worldwide sister cities programcoordinate at least two (2) cultural events related to this objective during the fisc


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d. Promote a greater international focus of the City by receiving, recognizing and e

hospitality to foreign visitors to City of Irving, TEXAS in keeping with the levelstatus and/or distinction of the visiting person, group or delegation; also, attract international activity to the City by serving as an international protocol resourceto the Mayor, City Council, and City Manager of the City in their dealings with citizens, entities, and governmental units; will coordinate at least two (2) internarelated to this objective during the fiscal year;

e. Enhance exposure of community to international perspective by promoting comm

participation in the sister cities and international trade center program in order togreater positive economic impact on the community; will host at least two (2) evto this objective during the fiscal year;

f. Expand the reach of the sister cities and international trade center by identifyingrecommending from time to time, as the opportunity may arise, potential additiocities and/or friendship cities in foreign countries; and upon approval by City, exfacilitate with the foreign city the formation of a sister city or friendship city rela

research at least one (1) potential relationship during the fiscal year;

g. Enhance existing sister cities relationships by continuing contact, dialogue and ftrade potential as well as in cultural, educational, community and economic pursundertake at least three (3) contacts or exchanges with existing sister cities durinyear;

h. Pursue greater international business for local organizations by hosting at least srelated to international business during the fiscal year; and

i. Assist local firms in global pursuits by facilitating international business develoopportunities and education for local companies; will conduct at least four (4)information/training seminars on How to do Business in Mexico and China, ocountries such as Panama and Poland, and facilitate a minimum of four (4) tradeand/or out of Irving, Texas and help a minimum of 150 companies with internat

opportunities during the fiscal year.

None of the funds paid by the CITY to the CHAMBER pursuant to this one shall be expended for travel between Irving and any City of Irving, TEXAS Sister Capproval from the City Manager.

This amount shall be paid to the CHAMBER by CITY in TWELVE (12) moinstallments of $13,733.33 each. This amount shall be paid to the CHAMBER by C

hl i ll f i f h CHAMBER f i i f i


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monthly installments or after receipt from the CHAMBER of an invoice for servicesPayments in subsequent years, if any, if the Contract is renewed pursuant to the term

termination provision of this Contract, will be made in a similar manner for the fiscwhich the payments are budgeted unless changes in the payment schedules are appromutual written agreement of both parties.

CITY funds provided to CHAMBER pursuant to this Contract shall be used cities activities and programs in accordance with Texas law and in accordance with work plan and sister cities budget presented to the City Council of the CITY in Augyear and upon which the City Council of CITY based its line item appropriation sup

Contract with CHAMBER.

It is recognized that all payments subject to appropriation of funding in the aof CITY as adopted each year by the City Council of CITY. CITY funds provided tCHAMBER hereunder shall be used only for specific services described in Section as may be amended by mutual written agreement of both parties.

Additionally, CITY agrees to make available to CHAMBER copies or origin(from which CHAMBER may reproduce additional copies) of CITY reports, papersCHAMBER distribution purposes.

4. Independent Contractor Status. CHAMBER is acting as an Independent when providing sister cities services for CITY under this Contract. The CHAMBERmanage the sister cities/trade center activities performed pursuant to the Contract, thwhich are met with the approval of the CITY. It is further agreed that the CITY wilthe CHAMBER will place high priority upon, the following as mechanisms for the of CITY to evaluate and determine the adequacy of the results of the CHAMBER's sprovided under this Contract: the City Council's annual public hearing process for thoperating budget; the Council's annual public review of the CHAMBER's proposed program and operating budget for the sister cities/trade center program; and written CHAMBER presentations to the City Council and monthly meetings between CITY

CHAMBER staff.

It is specifically agreed that the CHAMBER shall meet with the Mayor, CityCity Manager of the CITY, not less than once each calendar quarter. The CHAMBEthe progress and accomplishments of the CHAMBER's sister cities efforts pursuant

Board, President/CEO and staff and other volunteer group leaders as appropriate.

U d ti f li b th Cit C il f th CITY th CHAMBER


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Upon adoption of a policy by the City Council of the CITY, the CHAMBERsister cities efforts always support that policy and present CITY as the preferred cho

tourists, cultural, business and convention location.

5. Term and Termination. This Contract shall be for a period of one (1) yeacommencing on October 1, 2011. With the mutual written agreement of both partieContract may be renewed and extended for additional one (1) year periods. The amfunding for a renewal period must be approved by the City Council of the CITY.

Either party may terminate this Contract upon ninety (90) days written notice

party. The CITY will continue to pay monthly installments to the CHAMBER undeof this Contract until the termination of this Contract.

6. Reporting. CHAMBER shall provide the Mayor, City Council, CFO of the CITits sister cities/trade center annual work program and proposed operating budget byeach year, a preliminary operating budget by May 15 of each year and a copy of sisteannual financial statement within one hundred twenty (120) days after the end of theContract. The CHAMBER shall provide copies of financial statements regarding thcities/trade center program as requested to the Mayor, City Council, City Manager athe CITY. Additionally, the CHAMBER will provide the Mayor, City Council, Cityand CFO of the CITY verbal and written performance reports of its sister cities/tradoperations as required by the CITY.

The CITY, at its own expense, shall have the right at all reasonable times du

business hours and upon at least twenty-four (24) hours advance notice, to audit, to to make copies of or extracts from the books of account and records maintained by Crespect to Services. If such audit shall disclose overpayment by CITY to Chamber, of such overpayment shall be provided to the Chamber and the amount of overpaympromptly reimbursed by the Chamber to the CITY. In the event any such overpaympaid within ten (10) days after receipt of such notice, the unpaid amount of such oveshall bear interest at the rate of one percent (1%) per month from date of such notice

It is also the intent of this Contract that the CHAMBER administer this Contreport to the Mayor, City Council and City Manager of CITY on the administration Contract and on the status and effectiveness of sister cities/trade center efforts in a mconsistent with this Contract.

the U.S. postal service, postage prepaid and by certified mail, return receipt requestefollowing addresses:


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CITY: City of Irving

825 W. Irving BoulevardIrving, Texas 75060Attn: Tommy Gonzalez, City Manager

CHAMBER: Greater Irving-Las Colinas Chamber o5201 N. OConnor Blvd., Suite 100Irving, Texas 75039Attn: Chris E. Wallace, President/CEO

8. Binding Contract. This Contract is binding and shall inure to the benefit and their respective legal representatives, successors, and assigns.

9. Headings. The headings and captions in this Contract are for conveniencshall in no way amend, modify, or in any way affect the substance of this Contract.

10. Governing Law. This Contract shall be construed under and in accordanlaws of the State of Texas, and all obligations of the parties created hereunder are peDallas County, Texas.

11. Sole Agreement. This Contract constitutes the sole and only agreement

hereto and supersedes any prior understandings or written or oral agreements betwerespecting the subject matter.

Executed on this the ____day of ________________, 2011.

GREATER IRVING-LAS COLINASCHAMBER OF COMMERCE

BY: _______________________________CHRIS E. WALLACEPresident/CEO

________________________________SHANAE JENNINGS


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SHANAE JENNINGSCity Secretary

APPROVED AS TO FORM

irvingcc packet 2011-10-06

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