AGENDA

MEETING OF THE IRVING CITY COUNCIL

THURSDAY, APRIL 7, 2011

COUNCIL CHAMBER - CIVIC CENTER COMPLEX

825 WEST IRVING BOULEVARD

IRVING, TEXAS
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11:00 A.M. -- CITY COUNCIL WORK SESSION -- WEDNESDAY, APRIL 6, 2011 -- FIRST FLOOR CITY COUNCIL
CONFERENCE ROOM -- CIVIC CENTER COMPLEX -- 825 WEST IRVING BOULEVARD -- IRVING, TEXAS

6:15 P.M. ------------------------------------------------------------------ Pre-Council Briefing (If Necessary) 1st Floor

City Council Conference Room Or City Council
Chamber Conference Room, Civic Center
Complex
7:00 P.M. ----------------------------------------------------------- Organizational Service Announcements

Invocation

Pastor Brian Hale, North Irving Baptist Church

Pledge Of Allegiance

Proclamations, Announcements, and Special Recognitions

Public Hearing: Items 1 through 11

THIS MEETING CAN BE ADJOURNED AND RECONVENED, IF NECESSARY, WITHIN 24 HOURS ON

THE FOLLOWING DAY IN THE COUNCIL CHAMBER.

ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION AS LONG
AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS 551.071 THROUGH
551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT CODE.

This facility is wheelchair accessible and handicap-parking spaces are available. Requests for interpretation services or
assistive hearing devices must be made 48 hours prior to the meeting. Contact the City Secretary’s Office at (972) 721-2493
or (TDD) 1-800-RELAY TX (1-800-735-2989) for assistance.

City Council Agenda 04/7/2011 1

 CITY COUNCIL AGENDA
1 City Operations Update

CONSENT AGENDA
2. Approving work session minutes for Wednesday, March 23, 2011

3. Approving regular meeting minutes for Thursday, March 24, 2011

4 Resolution -- Approving the Reappointment of Dr. Willis Starnes to Serve

as the Local Health Authority and Approving an Agreement Between the
City of Irving and Willis Starnes, M.D., Ph.D., for Health Authority Services
for a Two (2) Year Period Beginning November 1, 2010, at a Fee of $500.00
Per Month Including Expenses
Administrative Comments
1. This item supports Strategic Goal No. 4: Safe and Secure City.
2. Impact: Dr. Starnes has proven to be a great value to the City with his knowledge
and guidance on public health issues.
3. This resolution reappoints Dr. Starnes as the Local Health Authority and authorizes
the two-year renewal contract with him at a monthly fee of $500.00.
4. Funding in the net estimated amount of $5,500.00 for the period of November 1,
2010, through September 30, 2011; in the net estimated amount of $6,000.00 for
the period of October 1, 2011, through September 30, 2012; in the net estimated
amount of $500.00 for the period of October 1, 2012, through October 31, 2012, is
available in the General Fund, subject to funds being appropriated in Fiscal Years
2009-10 and 2010-11.
Recommendation
The resolution be approved.

City Council Agenda 04/07/2011 2

5 Resolution -- Ratification of Lawsuit Filed Against Aetna Fire Underwriters
Insurance Company n/k/a Ace Fire Underwriters Insurance Company,
Pacific Employers Insurance Company n/k/a Ace Fire Underwriters
Insurance Company, and State National Insurance Company, Inc.
Administrative Comments
1. This item supports Strategic Goal No. 8: Sound Governance.
2. Impact: Litigation is necessary to seek recovery of city funds in connection with the
lawsuit styled Donald W. Good v. The City of Irving, Texas, Chief of Police for the
City of Irving, and Fred Curtis, Civil Action No. 3:06-CV-2133-K.
Recommendation
The resolution be approved.

6 Resolution -- Approving Five Discretionary Service Agreements Between

the City of Irving and Oncor Electric Delivery Company, LLC, for the
Riverside Drive Project
Administrative Comments
1. This item supports Strategic Goal No. 9: Infrastructure.
2. Impact: This project will relocate aerial power lines underground along Riverside
Drive and the Hwy. 161 frontage road. This complies with ongoing efforts to
underground utilities and will provide for a more reliable power source in inclement
weather.
3. This project will affect electric facilities at the following locations:
a. Riverside Drive and San Solomon;
b. Riverside Drive west on Hwy. 161 frontage road ending at Las Colinas
Boulevard; and
c. Hwy. 635 frontage road south on Riverside Drive to La Villita Boulevard.
4. Oncor Electric Delivery LLC submitted five Discretionary Service Agreements
(DSA’s) for this undergrounding effort.
5. The cost for this project will be shared between the City of Irving, The Las Colinas
Association and the Developer, Hines. Funding in the amount of $822,792.77 is
available in the Non-Bond CIP Fund and the Street Improvement Bond Fund.
Recommendation
The resolution be approved.

City Council Agenda 04/07/2011 3

7 Ordinance -- Providing for the Issuance and Sale of City of Irving, Texas,
Hotel Occupancy Tax Revenue Refunding Bonds, Taxable Series 2011, in
the Aggregate Principal Amount of $23,880,000; Approving and
Authorizing the Execution and Delivery of a Bond Purchase Agreement,
and a Paying Agent/Registrar Agreement; and Prescribing Other Matters
with Respect Thereto
Administrative Comments
1. This item supports Strategic Goal No. 8: Sound Governance.
2. Impact: Refinancing the Entertainment Venue debt will provide funds vital to
moving forward to construction financing. In addition, the refinancing will provide
funding to continue the bond validation lawsuit and current appeal.

3. The loan terms include refinancing the balance of the Entertainment Venue Bond
Series 2009, 2009A and 2010. The cumulative balance to be refinanced is
$23,880,000.
4. The loan will bear an interest rate equal to the 30-day LIBOR rate plus 375 basis
points. Currently, this will compute to approximately 4% interest. This loan will
mature in 2029.
5. Principal payments on this loan will begin in 2013 and will range from $360,000 to
2,005,000 in 2029.
Recommendation
The ordinance be adopted.

ZONING CASES AND COMPANION ITEMS

8 Ordinance -- Zoning Case #ZC10-0042 - Granting S-P-2 (Generalized Site
Plan) for R-6 (Single Family) Uses - Approximately 20.15 Acres Located
South of Belt Line Road and East of North Lake Road - Signagepoint
Properties, LLC, Applicant.
Administrative Comments
1. This item supports Strategic Goal No. 1: Land Use.
2. Planning and Zoning Commission Hearing Date and Recommendation: March 21,
2011 – Postpone to April 4, 2011. The April 4, 2011 recommendation will be
provided to the City Council at the April 6, 2011 work session.
3. The Comprehensive Plan recommends Single Family-Low Density Residential uses
for this property. This request is in conformance with the Comprehensive Plan.
4. The property is currently undeveloped and zoned R-40 (Single Family) since its
annexation in 1973. The applicant is seeking to develop the property with sixty
single family homes, two open space areas and a religious facility.

City Council Agenda 04/07/2011 4

 5. While water and sewer services will be accessed from the south through the City of
Irving, the only way to access the site is by North Lake Road, which is a City of
Dallas street. The developer is aware of the issues with access to the property and
has chosen to bring access through another city, rather than through the City of
Irving.
6. Roadway issues are normally addressed during the platting process; however, the
City of Irving has no jurisdiction over North Lake Road. Since the ability to develop
the subject property at the requested density is dependent on improvements to
North Lake Road being first constructed and accepted by the City of Dallas,
stipulations regarding North Lake Road are a zoning issue.
7. Staff believes that the City’s ability to provide service at the proposed density
requires that the road be constructed to a standard acceptable by the City of Irving
and the City of Dallas and that it be built in a timely fashion. Staff requested and has
obtained a letter from the City of Dallas stating that they would have no objection to
North Lake Road being designed and constructed by the developer in a manner
consistent with both cities’ requirements - specifically, the City of Irving stipulation
that North Lake Road be constructed as a 4-lane divided road, with 12 foot wide
lanes. The City of Dallas requires design and construction to meet all City of Dallas
requirements.
8. A note on the site plan stipulates that no building permits shall be issued for any
habitable structures until these improvements to North Lake Road are constructed
and accepted by the City of Dallas.
9. The City of Irving will provide all utilities and services.
10. Even though there is only one point of access, the fire department can support this
request because:
• No more than 60 homes and 1 commercial structure will be built.

• All homes will include a fire sprinkler system.

• North Lake Road will be a 4-lane divided road.

• “Street A” at the beginning of the subdivision will have 37 foot wide pavement.
11. The notes on the site plan require all homes to be a minimum of 2,000 square feet
with 80% of the exterior being brick, stone or stucco. If stucco is the primary
material, a tile roof is required.
12. All other requirements of the R-6 district will be met. Platting will be required prior to
development.
13. A 1.5 acre tract surrounded by the development will be given access on North Lake
Road via a 16-foot access easement.
14. Public notices were sent to fourteen (14) property owners, with no letters in support
or opposition received.
Recommendation
The ordinance be adopted.

City Council Agenda 04/07/2011 5

9 Ordinance -- Zoning Case #ZC11-0011 - Granting S-P-1 (Detailed Site Plan)
for R-AB (Restaurant with Alcoholic Beverages) - Approximately 2.47
Acres Located at 525 Meadow Creek Drive - Sfuzzi, LC II, LLC,
Applicant/Owner
Administrative Comments
1. This item supports Strategic Goal No. 1: Land Use.
2. Planning and Zoning Commission Hearing Date and Recommendation: April 4,
2011 - Pending
3. The applicant is requesting approval of an amended S-P-1 (Detailed Site Plan) for
R-AB (Restaurant with the accessory use of the sale of Alcoholic Beverages) in
order to make various interior and exterior changes to the existing building that are
not shown on the existing approved site plan. The proposed changes go beyond
what staff could administratively approve.
4. The property is currently developed with a single story building which was
previously used for a restaurant. The applicant is wishing to do extensive
renovations to the interior and exterior of the building to transform it into a new
restaurant.
5. This 11,316 sq. ft. building is located on a 2.47 acre tract in Las Colinas and has
365 seats (301 indoor, 64 outdoor). 147 parking spaces are required and provided.
6. In addition to indoor and patio dining, the applicant is proposing to create a banquet
room and several private dining rooms as well as an outside patio with a bar. The
outside façade of the restaurant will be remodeled but still meets the city’s
commercial design standards.
7. Public notices were sent to six (6) property owners, with one letter in support and
none in opposition received.
Recommendation
The ordinance be adopted.

APPOINTMENTS AND REPORTS

10 Mayor’s Report

11 Adjournment

Citizens’ Forum
Citizens are invited to speak for three (3) minutes on matters relating to City
government and on items not listed on the regular agenda.

City Council Agenda 04/07/2011 6