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ADDENDUM

AGENDA

CITY COUNCIL MEETING

FEBRUARY 24, 2010

CITY OF DALLAS

1500 MARILLA

COUNCIL CHAMBERS, CITY HALL

DALLAS, TEXAS 75201

9:00 A. M.

Invocation and Pledge of Allegiance (Council Chambers) [10-0518]

Agenda Item/Open Microphone Speakers [10-0519]

VOTING AGENDA

1. Approval of Minutes of the February 10, 2010 City Council Meeting [10-0520; APPROVED]

CONSENT AGENDA [10-0521; APPROVED]

Business Development & Procurement Services

2. Authorize a one-year master agreement for body armor vests, alterations and accessories for the Dallas Police Department - GST Public Safety Supply, LLC in the amount of $581,753, Safariland, LLC in the amount of $234,690 and GT Distributors, Inc. in the amount of $3,338, lowest responsible bidders of eight - Total not to exceed $819,781 - Financing: Current Funds [10-0522; APPROVED]

3. Authorize a three-year service contract for maintenance of vacant and residential lots, medians and right-of-ways - Good Earth Corporation, lowest responsible bidder of six - Not to exceed $6,884,572 - Financing: Current Funds (subject to annual appropriations) [10-0523; APPROVED AS AN INDIVIDUAL ITEM]

4. Authorize a three-year service contract for janitorial services at the Morton H. Meyerson Symphony Center, the Latino Cultural Center, the South Dallas Cultural Center, the Bath House Cultural Center, the Oak Cliff Cultural Center and WRR Radio - TIBH Industries, Incorporated - Not to exceed $1,430,071 - Financing: Current Funds ($1,393,642) and WRR Current Funds ($36,429) (subject to annual appropriations) [10-0524; APPROVED AS AN INDIVIDUAL ITEM]

5. Authorize the purchase of one regenerative air type street sweeper for Aviation - Tymco, Inc. through the Houston-Galveston Area Council of Governments - Not to exceed $160,924 - Financing: Aviation Current Funds [10-0525; APPROVED]

6. Authorize Supplemental Agreement No. 1 to increase the service contract with CTJ Maintenance, Inc. for temporary industrial labor for Sanitation Services - Not to exceed $2,198,816, from $8,795,266 to $10,994,082 - Financing: Current Funds [10-0526; APPROVED AS AN INDIVIDUAL ITEM]

City Attorney's Office

7. Authorize settlement of the lawsuit styled Tanika Wilkins, as next friend of John Williams, a minor, and Relinda Marcelin-Brown, as next friend of Antonio Marcelin, a minor v. City of Dallas, Cause No. 08-02477-B - Not to exceed $16,000 - Financing: Current Funds [10-0527; APPROVED]

8. Authorize settlement of a claim filed by the Texas Department of Transportation, Claim No. 09248864, seeking compensation for property damages - Not to exceed $32,249 - Financing: Current Funds [10-0528; APPROVED]

9. Authorize a three-year contract for on-line legal research and associated services utilizing Westlaw for the City Attorney's Office - West, a Thomson Reuters business - Not to exceed $370,855 - Financing: Current Funds (subject to annual appropriations) [10-0529; APPROVED]

10. Authorize an amendment to the contracts for co-bond counsel services with McCall, Parkhurst & Horton, L.L.P. and Escamilla & Poneck, Inc. (Team A) and Vinson & Elkins, L.L.P. and West and Associates, L.L.P. (Team B) to extend the term of the contracts for a two-year period from February 28, 2010 through February 28, 2012 - Financing: Bond and co-bond counsel fees to be paid from bond proceeds and Water Utilities Current Funds (contingent upon completion of each bond sale) [10-0530; APPROVED AS AN INDIVIDUAL ITEM]

11. Authorize Supplemental Agreement No. 1 to the consultant contract with the engineering firm of Nelson Architectural Engineers, Inc. for additional expert witness and litigation support services necessary in the lawsuit styled K. Hovnanian Homes, et al. v. VRV Development LP, et al., Cause No. 07-03526-H - Not to exceed $50,000, from $25,000 to $75,000 - Financing: Current Funds [10-0531; APPROVED]

Equipment & Building Services

12. Authorize (1) a construction contract for Security Enhancements at City Hall with Mart, Inc., lowest responsible bidder of two; and (2) an increase in appropriations in the amount of $331,000, from $27,788,828 to $28,119,828 in Equipment and Building Services’ budget - Not to exceed $331,000 - Financing: Contingency Reserve Funds [10-0532; APPROVED]

Housing/Community Services

13. Authorize (1) a public hearing to be held on March 10, 2010 to receive comments on the proposed private sale by quitclaim deed of five unimproved properties acquired by the taxing authorities from the Sheriff's Sale to Builders of Hope Community Development Corporation, a qualified non-profit organization; and at the close of the public hearing, (2) consideration of approval of the sale of these properties (list attached) - Financing: No cost consideration to the City [10-0533; APPROVED]

Human Resources

14. Authorize (1) recognition of the 2010 police and fire meet and confer team; and (2) establishment of a management meet and confer team - Financing: No cost consideration to the City [10-0534; APPROVED AS AN INDIVIDUAL ITEM]

Office of Financial Services

15. Authorize an extension through September 30, 2010 for Community Development Block Grant funded projects which have not met the twelve-month obligation or twenty-four-month expenditure requirement - Financing: No cost consideration to the City [10-0535; APPROVED]

16. Authorize a public hearing to be held on March 10, 2010 to receive comments in preparation of the FY 2010-11 Operating, Capital, Grant, and Trust budgets - Financing: No cost consideration to the City [10-0536; APPROVED]

Office of Management Services

17. Authorize (1) conveyance to the City of Fort Worth, Texas of a reclaimed waterline easement containing approximately 2,963 square feet of land and a temporary construction easement containing approximately 9,285 square feet of land on property located on the D/FW Airport for the construction and maintenance of reclaimed water and salt water main facilities; and (2) the Chief Executive Officer to execute an agreement with American Airlines to permit the easement encroachments upon the leasehold estate - Financing: No cost consideration to the City [10-0537; APPROVED]

18. Authorize (1) the conveyance to the State of Texas of tracts of land owned by the Cities of Dallas and Fort Worth, containing approximately 137.743 acres, in aggregate, located within the boundaries of the Dallas/Fort Worth International Airport and the conveyance of 0.50 acres of perpetual easements to the State of Texas for the purpose of constructing highway and related improvements to IH 635, SH 114, SH 121, SH 26, International Parkway and surrounding roadways in connection with the “DFW Connector Project”; and (2) the approval and execution of an Escrow Agreement between DFW Airport Board and the Cities of Dallas and Fort Worth, Texas providing for deposit of funds for such conveyances into an escrow account pending determination of proper distribution - Financing: No cost consideration to the City [10-0538; APPROVED]

Park & Recreation

19. Authorize a professional services contract with GGO Architects Corporation for schematic design through construction administration services for interior renovations at Campbell Green Recreation Center located at 6900 Campbell Road and a new pavilion at Preston Green Park located at 6900 Duffield Drive - Not to exceed $89,911 - Financing: 2006 Bond Funds [10-0539; APPROVED]

20. Authorize a professional services contract with JBI Partners, Inc. for schematic design through construction administration services for a security barrier and a foot bridge replacement at Tommie M. Allen Park located at 7071 Bonnie View Road - Not to exceed $58,295 - Financing: 2006 Bond Funds [10-0540; APPROVED]

21. Authorize a professional services contract with Johnson/McKibben Architects, Inc. for schematic design through construction administration services for replacement of the existing pavilion at Westmoreland Park located at 2523 West Illinois Avenue - Not to exceed $28,475 - Financing: 2006 Bond Funds [10-0541; APPROVED]

22. Authorize a professional services contract with Johnson/McKibben Architects, Inc. for schematic design through construction administration services for a new pavilion and parking lot at Lakeland Hills Park located at 2600 St. Francis Avenue - Not to exceed $58,865 - Financing: 2006 Bond Funds [10-0542; APPROVED]

23. Authorize a professional services contract with La Terra Studio, Inc. for schematic design through construction administration services for the Northaven multipurpose trail - Not to exceed $458,650 - Financing: 2006 Bond Funds [10-0543; APPROVED]

24. Authorize Supplemental Agreement No. 1 to the professional services contract with CEI Engineering Associates, Inc. for design of the Five Mile Creek multipurpose trail - Not to exceed $277,040, from $82,650 to $359,690 - Financing: 2006 Bond Funds [10-0544; APPROVED]

Police

25. Authorize a Memorandum of Understanding with the University of Texas Southwestern Medical Center, by and through its Police Department, to define duties and obligations involved with the coordination of law enforcement efforts within jurisdiction boundaries - Financing: No cost consideration to the City [10-0545; APPROVED]

26. Authorize a Management Agreement with the Vickery Meadow Management Corporation for the Police Department to monitor a video surveillance camera system located within the Vickery Meadow Improvement District - Financing: No cost consideration to the City [10-0546; APPROVED]

27. Authorize a professional services contract between the City of Dallas Police Department and Michael K. Winograd and Associates, L.L.C. for the development of a training regimen consistent with the Dallas Police Department's Fusion Center Standard Operating Procedures for the period October 1, 2009 through December 31, 2010 - Not to exceed $86,940 - Financing: Urban Area Security Initiative 2008 Grant Funds [10-0547; APPROVED]

Public Works & Transportation

28. Authorize a contract for the construction of street paving, storm drainage and water main improvements for Sudbury Drive from Skillman Avenue to Norris Street, Bremen Street from McCommas Boulevard to alley, and alley paving improvements between Kingsbury Street and Winchester Street from Freemont Street to Berryhill Street - SYB Construction Company, Inc., lowest responsible bidder of nine - Not to exceed $426,219 - Financing: 2003 Bond Funds ($355,905), Water Utilities Capital Construction Funds ($1,950), and Water Utilities Capital Improvement Funds ($68,364) [10-0548; APPROVED]

29. Authorize a design-build contract for the design and pre-construction service phases for Fire Station No. 50, located at 703 West Walton Walker Boulevard - CORE Construction Services of Texas, Inc., best value proposer of four - Not to exceed $447,200 - Financing: 2006 Bond Funds [10-0549; APPROVED]

30. Authorize Supplemental Agreement No. 1 to the professional services contract with Dannenbaum Engineering Company - Dallas, LLC for additional engineering and survey services necessary for the reconstruction of Fordham Road from Bonnie View Road to Hale Street - Not to exceed $44,360, from $307,020 to $351,380 - Financing: 2006 Bond Funds [10-0550; APPROVED]

Sustainable Development and Construction

31. Authorize acquisition, including the exercise of the right of eminent domain, if such becomes necessary, from Geneva Sewell Parrish of approximately 3,615 square feet of land located in Dallas County for the Southwest 120/96-inch Water Transmission Pipeline Project - Not to exceed $7,000 ($5,132 plus closing costs not to exceed $1,868) - Financing: Water Utilities Capital Improvement Funds [10-0551; APPROVED]

32. Authorize acquisition, including the exercise of the right of eminent domain, if such becomes necessary, from Colonial Hills Baptist Church of approximately 19,847 square feet of land located in Dallas County for the Southwest 120/96-inch Water Transmission Pipeline Project - Not to exceed $47,000 ($44,656 plus closing costs not to exceed $2,344) - Financing: Water Utilities Capital Improvement Funds [10-0552; APPROVED]

33. Authorize acquisition, including the exercise of the right of eminent domain, if such becomes necessary, from Colonial Hills Baptist Church of approximately 56,963 square feet of land located in Dallas County for the Southwest 120/96-inch Water Transmission Pipeline Project - Not to exceed $84,000 ($81,163 plus closing costs not to exceed $2,837) - Financing: Water Utilities Capital Improvement Funds [10-0553; APPROVED]

34. Authorize acquisition, including the exercise of the right of eminent domain, if such becomes necessary, from John Martin Davis, Jr. of approximately 126,723 square feet of land located in Dallas County for the Southwest 120/96-inch Water Transmission Pipeline Project - Not to exceed $227,852 ($222,852 plus closing costs not to exceed $5,000) - Financing: Water Utilities Capital Improvement Funds [10-0554; APPROVED]

35. Authorize settlement in lieu of proceeding with condemnation of approximately 47,497 square feet of land from Kenneth Ray White located in Dallas County for the Southwest 120/96-inch Water Transmission Pipeline Project - Not to exceed $292,567 ($288,567 plus closing costs not to exceed $4,000) - Financing: Water Utilities Capital Improvement Funds [10-0555; APPROVED]

36. Authorize settlement in lieu of proceeding with condemnation for a total of approximately 258,694 square feet of land from Joseph A. Scott and Tina R. Scott located in Kaufman County for the Lake Tawakoni 144-inch Pipeline - Not to exceed $131,341 ($127,841 plus closing costs not to exceed $3,500) - Financing: Water Utilities Capital Construction Funds[10-0556; APPROVED]

37. A resolution authorizing the conveyance of an easement and right-of-way containing approximately 536 square feet of land to Oncor Electric Delivery Company, LLC for the construction and maintenance of electric facilities across City-owned land located near the intersection of Teague Drive and Simpson Stuart Road - Financing: No cost consideration to the City [10-0557; APPROVED]

38. A resolution authorizing the conveyance of an easement and right-of-way containing approximately 807 square feet of land to Oncor Electric Delivery Company, LLC for the construction and maintenance of electric facilities across City-owned land located near the intersection of American Way and Camp Wisdom Road - Financing: No cost consideration to the City [10-0558; APPROVED]

39. A resolution authorizing the conveyance of an easement and right-of-way containing approximately 5,736 square feet of land to Oncor Electric Delivery Company, LLC for the construction and maintenance of electric transformer facilities across City-owned land located near the intersection of Alden and Chalmers Avenues - Financing: No cost consideration to the City [10-0559; APPROVED]

40. A resolution authorizing the conveyance of storm drainage easements containing a total of approximately 4,244 square feet of land to the City of Rowlett for the construction and maintenance of storm water drainage facilities across City-owned land at Lake Ray Hubbard located near the intersection of Point Royal and Pecan Drives - Financing: No cost consideration to the City [10-0560; APPROVED]

41. An ordinance granting a private license to Garland Independent School District for the use of approximately 4,000 square feet of land to install and maintain fiber optic conduits along the Miller Road and Rowlett Road Bridges - Revenue: $1,000 annually plus the $20 ordinance publication fee [10-0561; APPROVED; ORDINANCE 27813]

42. An ordinance abandoning a portion of a storm sewer easement to John Morrow and Julie Morrow, the abutting owners, containing approximately 2,594 square feet of land located near the intersection of Estate Lane and Larchcrest Drive - Revenue: $5,400 plus the $20 ordinance publication fee [10-0562; APPROVED; ORDINANCE 27814]

43. An ordinance abandoning a portion of a drainage easement to QuikTrip Corporation, the abutting owner, containing approximately 7,876 square feet of land located near the intersection of Skillman Street and Eastridge Drive - Revenue: $5,400 plus the $20 ordinance publication fee [10-0563; APPROVED; ORDINANCE 27815]

Trinity Watershed Management

44. Authorize payment to the North Central Texas Council of Governments for the City's participation in the FY 09-10 Regional Public Works Program - Not to exceed $40,955 - Financing: Current Funds (to be reimbursed by Stormwater Drainage Management Funds) [10-0564; APPROVED AS AN INDIVIDUAL ITEM]

Water Utilities

45. Authorize a contract for the installation of water and wastewater mains at 24 locations (list attached) - Barson Utilities, Inc., lowest responsible bidder of nine - $3,977,853 - Financing: Water Utilities Capital Improvement Funds ($3,939,243) and 2003 Bond Funds ($38,610) [10-0565; APPROVED AS AN INDIVIDUAL ITEM]

46. Authorize an increase in the contract with Rebcon, Inc. for additional work associated with the drill shaft depth for the foundation of the retaining walls at the White Rock Dam and spillway - Not to exceed $176,330, from $16,748,070 to $16,924,400 - Financing: Water Utilities Capital Construction Funds [10-0566; APPROVED]

ITEMS FOR INDIVIDUAL CONSIDERATION

City Secretary’s Office

47. Consideration of appointments to boards and commissions and the evaluation and duties of board and commission members (List of nominees is available in the City Secretary's Office) [10-0567 AND 10-0568; INDIVIDUAL AND FULL COUNCIL; APPOINTMENTS MADE TO BOARDS AND COMMISSIONS]

DESIGNATED PUBLIC SUBSIDY MATTERS

Housing/Community Services

48. Authorize the reconstruction on-site of three homes in accordance with the Reconstruction/SHARE Program Statement requirements for properties located at 2029 East Illinois Avenue in the amount of $93,400, 3322 Alaska Avenue in the amount of $93,400 and 2612 Harston Street in the amount of $93,400 - Total not to exceed $280,200 - Financing: 2008-09 Home Funds ($238,076) and 2008-09 Community Development Block Grant Funds ($42,124) [10-0569; APPROVED]

PUBLIC HEARINGS AND RELATED ACTIONS

Sustainable Development and Construction

ZONING CASES – CONSENT [10-0570]

49. A public hearing to receive comments regarding an application for and an ordinance granting an Historic District Overlay on property zoned R-7.5(A) Single Family District on the east side of Nonesuch Road between Hillside Drive and Westlake Avenue [10-0571; HEARING CLOSED; CPC RECOMMENDATION FOLLOWED; ORDINANCE 27816]

Recommendation of Staff and CPC: Approval, subject to preservation criteria

Z089-280(MD)

50. A public hearing to receive comments regarding a City Council authorized hearing on property zoned IM Industrial Manufacturing with consideration being given to a TH-3(A) Townhouse District or an R-5(A) Single Family District on the north and south sides of Amos Street, west of Crossman Avenue and an ordinance granting an R-5(A) Single Family District [10-0572; HEARING CLOSED; CPC RECOMMENDATION FOLLOWED; ORDINANCE 27817]

Recommendation of Staff and CPC: Approval of an R-5(A) Single Family District

Z089-286(DC)

ZONING CASES - INDIVIDUAL

51. A public hearing to receive comments regarding an application for and an ordinance granting a Specific Use Permit for installation of a non-premise district activity video board on a property that is zoned Planned Development District No. 619 within the Downtown Special Provision Sign District in an area bound by Akard Street, Main Street, Commerce Street and Ervay Street [10-0573; HEARING CLOSED; CPC RECOMMENDATION FOLLOWED; ORDINANCE 27818]

Recommendation of Staff and CPC: Approval for a six-year period, subject to a site plan and conditions

Z090-111(KB)

FLOODPLAIN APPLICATIONS

Trinity Watershed Management

52. A public hearing to receive comments regarding the application for and approval of a fill permit and removal of the floodplain (FP) prefix from 1.98 acres of 8.92 acres of land located at 903 Shadyside Lane, within the floodplain of Stream 5B9, a tributary of White Rock Creek - Fill Permit 08-03 - Financing: No cost consideration to the City [10-0574; HEARING CLOSED; APPROVED]

MISCELLANEOUS HEARINGS - DESIGNATED PUBLIC SUBSIDY MATTERS

Housing/Community Services

53. A public hearing to receive comments on Substantial Amendment No. 2 to the FY 2009-10 Consolidated Plan for the Reprogramming of (1) 2006-07 Community Development Block Grant Reprogramming Funds from Downtown Mortgage Assistance program to Bexar Street Mixed-Use Project in the amount of $475,800 and Reconstruction/SHARE Program in the amount of $1,474,200; and (2) 2009-10 HOME Investment Partnership Program Grant Funds from Reconstruction/SHARE program to Bexar Street Mixed-Use Project $1,346,200; and at the close of the hearing, authorize final adoption of Substantial Amendment No. 2 to the FY 2009-10 Consolidated Plan - Total not to exceed $3,296,200 - Financing: 2006-07 Community Development Block Grant Reprogramming Funds ($1,950,000) and 2009-10 HOME Investment Partnership Program Grant Funds ($1,346,200) [10-0575; HEARING CLOSED; APPROVED]

Note: Agenda Item No. 53 must pass before Agenda Items 54 and 55 can be approved.

54. Authorize (1) an amendment to Resolution No. 07-3305, previously approved on November 12, 2007, to increase the economic development loan amount from $300,000 to $550,000 with Kaminski Holdings, Inc. and change the terms to allow $150,000 to be forgivable over a five year period and $400,000 to be repaid over 20 years with 3% interest for construction development financing for the commercial portion of a mixed-use building at 5208 Bexar Street; and (2) a housing development loan agreement with Kaminski Holdings, Inc. in the amount of $550,000 for construction of six affordable rental housing units at 5208 Bexar Street as part of a mixed-use building - Not to exceed $800,000 - Financing: 2006-07 Community Development Block Grant Reprogramming Funds ($250,000) and 2009-10 HOME Investment Partnership Program Grant Funds ($550,000) [10-0576; APPROVED]

55. Authorize (1) an amendment to Resolution No. 09-1924, previously approved on August 12, 2009, to increase the economic development loan amount from $455,000 to $530,800 and change the terms to a five-year forgivable loan with Hai Tak Enterprises, Inc. for predevelopment costs and development financing for the construction of the retail component of a mixed-use building at 5203 Bexar Street; and (2) a housing development loan agreement with Hai Tak Enterprises, Inc. in the amount of $796,200 for the construction of nine affordable rental housing units at 5203 Bexar Street as part of a mixed-use building - Not to exceed $872,000 - Financing: 2006-07 Community Development Block Grant Reprogramming Funds ($75,800) and 2009-10 HOME Investment Partnership Program Grant Funds ($796,200) [10-0577; APPROVED]

ADDENDUM

ADDITIONS:

Closed Session [10-0578; HELD] 6ES

Attorney Briefings (Sec. 551.071 T.O.M.A.)

- City of Dallas v. Museum of the American Railroad, Cause No. 10-00957-C

CONSENT ADDENDUM

Business Development & Procurement Services

1. Authorize (1) an increase in the master agreement for roll carts with Toter, Inc. in the amount of $2,744,875; and (2) a change in the assignment by Toter, Inc. of financing of future purchases under contract from Chase Leasing to Capital One Public Funding, LLC - Total not to exceed $2,744,875, from $10,979,500 to $13,724,375 - Financing: Current Funds [10-0579; APPROVED AS AN INDIVIDUAL ITEM]

Economic Development

2. An ordinance amending Chapter 12A of the Dallas City Code to: (1) exempt members of municipal management district (MMD) boards from certain provisions of the city’s code of ethics to facilitate the operation of the MMDs under state law; and (2) require members of MMD boards to comply with the city’s financial disclosure requirements - Financing: No cost consideration to the City [10-0580; APPROVED AS AN INDIVIDUAL ITEM; ORDINANCE 27819]

ITEMS FOR INDIVIDUAL CONSIDERATION

City Secretary’s Office

3. Consideration of appointments to the Dallas/Fort Worth International Airport Board of Directors for Places 6 and 9 (Closed Session, if necessary, Personnel, Sec. 551.074, T.O.M.A) (List of nominees is available in the City Secretary's Office) [10-0581; APPROVED]

DESIGNATED PUBLIC SUBSIDY MATTERS

Housing/Community Services

4. Authorize a resolution in support of the Texas Department of Housing and Community Affair’s (TDHCA) 9% low-income housing tax credit (LIHTC) allocation for Akard Plaza located at 1011 South Akard Street for the acquisition and rehabilitation of the proposed 203-unit multifamily residential development for low income housing - Financing: No cost consideration to the City [10-0582; APPROVED AS AMENDED]

Recommendation of Staff: Denial

5. Authorize a resolution in support of the Texas Department of Housing and Community Affair’s (TDHCA) 9% low-income housing tax credit (LIHTC) allocation for Atmos Lofts located at 1900 Jackson Street for the acquisition and rehabilitation of the proposed 107-unit multifamily residential development for low income families - Financing: No cost consideration to the City [10-0583; APPROVED]