City Secretary City of Dallas April 22, 1998 Agenda

Invocation and Pledge of Allegiance (Council Chambers) [98-1270]

Agenda Item/Open Microphone Speakers [98-1271]

VOTING AGENDA

1. Approval of Minutes of the April 8, 1998 City Council Meeting [APPROVED MARCH 25, APRIL 1, APRIL 8, AND APRIL 15, 1998; 98-1272]

CONSENT AGENDA [98-1273]

AUTHORIZATIONS RELATED TO CONSTRUCTION PROJECTS

Engineering and Architectural Contracts

2. Authorize a professional services contract with Hector Gomez Engineers, Inc., to provide design services for mechanical improvements to the Coliseum at Fair Park - $114,250 - Financing: 1995 Bond Funds [APPROVED; 98-1274]

3. Authorize a professional services contract with Freese and Nichols, Inc. to provide engineering services for the inspection of the Bachman, Fraiser, California Crossing, Carrollton and Forney Dams, and the design of specific improvements, in accordance with the National Dam Safety Act - $338,323 - Financing: Water Utilities Capital Construction Funds [APPROVED; 98-1275]

Authorization of Contracts

4. Authorize a contract for construction of the visitors facilities for the Dallas Nature Center - Inca Contractors, Inc., lowest responsible bidder of five - $353,200 - Financing: 1995 Bond Funds ($270,765) and 1996-97 Community Development Grant Funds ($82,435) [APPROVED; 98-1276]

5. Authorize a contract for miscellaneous site improvements and interior renovations to the Horticulture Center at Fair Park - Prime Construction Company, Inc., lowest responsible bidder of three - $133,777 - Financing: 1985 Bond Funds [APPROVED; 98-1277]

6. Authorize a contract for Asphaltic Concrete Street Resurfacing Group 3 on various improved streets (list attached) - APAC-Texas, Inc., lowest responsible bidder of three - $856,651 - Financing: Section 108 Notes ($820,616), 1995-96 Community Development Grant Funds ($24,030), Water Utilities Capital Construction Funds ($12,005) [APPROVED; 98-1278]

7. Authorize a contract for the construction of bridge structural repairs and rehabilitation improvements to the Continental Avenue Viaduct over the Trinity River - Architectural Utilities, Inc., lowest responsible bidder of two - $769,364 - Financing: 1995 Bond Funds [APPROVED; 98-1279]

8. Authorize a contract for the repair of the masonry walls at Fire Station #13, located at 6902 Frankford Road - Century Weatherproofing, Inc., lowest responsible bidder of five - $56,467 - Financing: Capital Construction Funds [APPROVED; 98-1280]

9. Authorize a contract for the construction of Storm Drainage Improvements - Group 9601 (list attached) - Allied Builders, Inc., lowest responsible bidder of three - $84,480 - Financing: 1995 Bond Funds [APPROVED; 98-1281]

10. Authorize a contract for the construction of street modification and bottleneck improvements on Davis Street and Walton Walker Boulevard - I. Perez Construction, Inc., lowest responsible bidder of three - $85,640 - Financing: 1995 Bond Funds [APPROVED;
98-1282]

11. Authorize a contract for the construction of street modification and bottleneck improvements on Bruton Road and St. Augustine Road - I. Perez Construction, Inc., lowest responsible bidder of three - $72,735 - Financing: 1995 Bond Funds [APPROVED; 98-1283]

12. Authorize a contract for the construction of intersection improvements on Military Parkway and Buckner Boulevard - I. Perez Construction, Inc., lowest responsible bidder of three - $83,995 - Financing: 1995 Bond Funds [APPROVED; 98-1284]

13. Authorize a contract for the construction of street paving, storm drainage, water and wastewater main improvements on Ohio Avenue from Ramsey Avenue to Alabama Avenue - Jeske Construction Company, lowest responsible bidder of five - $135,552 - Financing: 1995 Bond Funds ($94,179), Water Utilities Bond Funds ($5,998), Water Utilities Capital Construction Funds ($35,375) [APPROVED; 98-1285]

14. Authorize a contract for the construction of sidewalks, curb and gutter, barrier free ramps, water and wastewater adjustments on the 1500 block of E. Illinois Avenue from Belknap Avenue to Crest Avenue - Allied Builders, Inc., lowest responsible bidder of two - $65,609 - Financing: 1995-96 Community Development Grant Funds ($59,509), Water Utilities Capital Construction Funds ($6,100) [APPROVED; 98-1286]

15. Authorize a contract for the construction of sidewalks, curb and gutter, barrier free ramps, water and wastewater adjustments on Meadow Street from Lenway Street to Roby Street - Onycha Industries Corporation, lowest responsible bidder of three - $100,000 - Financing: 1994-95 Community Development Grant Funds ($55,000), 1995-96 Community Development Grant Funds ($43,956), Water Utilities Capital Construction Funds ($1,044) [APPROVED; 98-1287]

16. Authorize a contract for the construction of sidewalks, curb and gutter, barrier free ramps, water and wastewater adjustments on Lindsley Avenue from Cameron Avenue to Munger Avenue - Allied Builders, Inc., lowest responsible bidder of four - $57,340 - Financing: 1995-96 Community Development Grant Funds ($47,240), Water Utilities Capital Construction Funds ($10,100) [APPROVED; 98-1288]

17. Authorize a contract for the construction of storm drainage improvements on Pleasant Branch, Phase I at Cherrybrook Lake - Jeske Construction Company, lowest responsible bidder of eight - $690,703 - Financing: 1985 Bond Funds [APPROVED; 98-1289]

18. Authorize a contract for the reconstruction of paving, storm drainage, water and wastewater main improvements on Cicero Street from Ann Arbor Avenue to Linfield Road - Camino Construction, Inc., lowest responsible bidder of four - $478,507 - Financing: 1995 Bond Funds ($347,653), Water Utilities Capital Improvement Funds ($124,754), Water Utilities Capital Construction Funds ($6,100) [APPROVED; 98-1290]

19. Authorize a contract for the reconstruction of street paving, storm drainage, water and wastewater improvements on Ash Lane from Second Avenue to Fourth Avenue - I. Perez Construction, Inc., lowest responsible bidder of three - $443,869 - Financing: 1995 Bond Funds ($265,245), Water Utilities Capital Improvement Funds ($167,724), Water Utilities Capital Construction Funds ($10,900) [APPROVED; 98-1291]

20. Authorize a contract for the reconstruction of street paving, storm drainage, water and wastewater main improvements on Beacon Street from Gaston Avenue to Live Oak Street - I. Perez Construction, Inc., lowest responsible bidder of six - $529,823 - Financing: 1995 Bond Funds ($337,713), Water Utilities Capital Improvement Funds ($185,330), Water Utilities Capital Construction Funds ($6,780) [APPROVED; 98-1292]

21. Authorize a contract for the reconstruction of paving, storm drainage, water and wastewater improvements on Racine Drive from Camp Wisdom Road to Kirnwood Drive - Ed Bell Construction Company - lowest responsible bidder of five - $983,010 - Financing: 1995 Bond Funds ($680,655), Water Utilities Capital Construction Funds ($10,865), Water Utilities Capital Improvement Funds ($291,490) [APPROVED; 98-1293]

22. Authorize a contract for the reconstruction of paving, storm drainage, water and wastewater improvements on Self Plaza from Garland Road to 1,000 feet west - XIT Paving and Construction, Inc., lowest responsible bidder of six - $395,625 - Financing: 1995 Bond Funds ($245,905), Water Utilities Capital Construction Funds ($5,400), Water Utilities Capital Improvement Funds ($144,320) [APPROVED AS AN INDIVIDUAL ITEM; 98-1294]

23. Authorize a contract for the reconstruction of paving, storm drainage, water and wastewater improvements on Alaska Avenue from Missouri Avenue to Illinois Avenue - Omega Contracting, Inc., lowest responsible bidder of four - $367,958 - Financing: 1995 Bond Funds ($298,528), Water Utilities Bond Funds ($15,710), Water Utilities Capital Construction Funds ($4,600), Water Utilities Capital Improvement Funds ($49,120) [APPROVED; 98-1295]

24. Authorize a contract for the reconstruction of alley paving improvements on the alley between Fisher Road and Lontos Drive from Lovers Lane to Fisher Road - Tiseo Paving Company, lowest responsible bidder of six - $204,482 - Financing: 1995 Bond Funds ($100,099), Water Utilities Bond Funds ($97,153), Water Utilities Capital Construction Funds ($7,230) [APPROVED; 98-1296]

25. Authorize a contract for the reconstruction of street paving and water main improvements on Fairview Avenue from Dolphin Road to Boone Avenue - I. Perez Construction, Inc., lowest responsible bidder of seven - $383,568 - Financing: 1995 Bond Funds ($290,103), Water Utilities Capital Construction Funds ($3,775), Water Utilities Capital Improvement Funds ($89,690) [APPROVED; 98-1297]

Contract Amendments

26. Authorize an increase in the contract with Adams Nedderman, Inc. for miscellaneous modifications, including value engineering to the building foundation and parking lot, HVAC system, fire alarm and security system, conduit and brick fence at Churchill Recreation Center - $54,778, from $1,383,000 to $1,437,778 - Financing: 1985 Bond Funds [APPROVED; 98-1298]

27. Authorize an increase in the contract with Gibson and Associates, Inc. for the construction of intersection improvements on Preston Road and Belt Line Road - $25,493, from $206,926 to $232,419 - Financing: 1995 Bond Funds [APPROVED; 98-1299]

28. Authorize an increase in the contract with Eagle Construction and Environmental Services, Inc. for removal of silt from the bottom of the lake for the Fishtrap Lake Area Phase II and Phase III projects to meet requirements of the Walker Consent Decree - $280,826, from $2,542,394 to $2,823,220 - Financing: 1985 Bond Funds [APPROVED; 98-1300]

Construction Miscellaneous

29. Authorize an Interlocal Agreement between the City of Dallas and the City of Mesquite for the acceptance of $18,912 for the design and construction of paving and drainage improvements on the alley between Marlin Drive and Motley Drive from Oates Drive to Modlin Street - Financing: No cost consideration to the City [APPROVED; 98-1301]

Our Lady of Perpetual Help Catholic School

30. * Authorize an agreement with Our Lady of Perpetual Help Catholic School for engineering, construction management and the construction of soundproofing improvements at Our Lady of Perpetual Help Catholic School, located at 7625 Cortland Avenue near Dallas Love Field Airport - Financing: No cost consideration to the City
[APPROVED; 98-1302]

31. * Authorize Supplemental Agreement No. 3 to the contract with Carter & Burgess, Inc. for engineering and construction management for soundproofing improvements at Our Lady of Perpetual Help Catholic School - $22,929, from $320,472 to $343,401 - Financing: Aviation Capital Construction Funds ($18,343 to be reimbursed from FAA Airport Improvement Program Funds and $2,293 from Our Lady of Perpetual Help Catholic School) [APPROVED; 98-1303]

32. * Authorize an increase in the contract with Win-Con Enterprises, Inc. for soundproofing improvements at Our Lady of Perpetual Help Catholic School - $160,437, from $2,103,152 to $2,263,589 - Financing: Aviation Capital Construction Funds ($128,349 to be reimbursed from FAA Airport Improvement Program Funds and $16,044 from Our Lady of Perpetual Help Catholic School) [APPROVED; 98-1304]

LAND ACQUISITION

33. Authorize acquisition of individual avigation easements over 9 residential properties above approximately 2 acres of land located in the City of Irving, Texas for the D-FW International Airport Expansion project - $287,375 ($137,940 in easement acquisition payments and $149,435 in noise mitigation payments) - Financing: D-FW International Airport Joint Revenue Bonds (no cost consideration to the City) (list attached) [APPROVED; 98-1305]

34. Authorize acquisition of approximately 5 acres of unimproved land from Tuesday Morning, Inc., located near the intersection of Marsh Lane and Briargrove Street, for a neighborhood park in the far north Dallas area - $300,000 plus closing costs and title expenses not to exceed $5,000 for a total of $305,000 - Financing: 1985 Bond Funds [APPROVED AS AN INDIVIDUAL ITEM; 98-1306]

LAND MISCELLANEOUS

35. Authorize the sale of approximately 19,260 square feet of unneeded and unwanted City-owned land, located near the intersection of Bryan Street and Texas Street to the highest bidder - Revenue: $207,430 [APPROVED; 98-1307]

36. An ordinance abandoning two alleys to Akard Place Joint Venture, the abutting owner, containing approximately 8,162 square feet of land, located near the intersection of Caroline Street and Ashland Street, and authorizing the quitclaim - Revenue: $103,857 plus the $20 ordinance publication fee [APPROVED; 98-1308; ORDINANCE NO. 23493]

37. Authorize the sale of eight single family residential properties to the highest bidders, acquired by the cities of Dallas and Fort Worth in connection with the D-FW International Airport Noise Mitigation Program for the new runway expansion project - Revenue: $494,246 - proceeds to be retained in the D-FW International Airport Mitigation Program (no cost or revenue consideration to the City) (list attached) [APPROVED; 98-1309]

PURCHASING OF EQUIPMENT, SUPPLIES AND SERVICES

38. Authorize a thirty-six month price agreement for janitorial services at the Dallas Convention Center with the lowest responsible bidder of nine - Pedus Services, Inc. - Not to exceed $8,186,365 - Financing: Event Services Current Funds [APPROVED; 98-1310]

MISCELLANEOUS

39. Authorize settlement of a lawsuit, styled Amanda Kinsfather v. Rogelio Ruiz and City of Dallas, Cause No. cc-98-00645-a - Financing: Current Funds [APPROVED; 98-1311]

40. Authorize settlement of a lawsuit, styled Wolf Gauglitz v. City of Dallas, et al., Civil Action No. 3:95-CV-3123-G - Financing: Current Funds [APPROVED; 98-1312]

41. Authorize settlement of a lawsuit, styled Roy Garcia Miramontez and Margaret Miramontez Snepp v. City of Dallas, Cause No. 94-07484-D - Financing: Current Funds [APPROVED; 98-1313]

42. Authorize a public hearing to be held on May 13, 1998 to receive citizen comments in preparation of the FY 1998-99 Operating, Capital, Grant and Trust budgets - Financing: No cost consideration to the City [APPROVED; 98-1314]

43. Authorize annual adjustments to appropriations for the 1996-97 fiscal year and other financial adjustments for year-end close - Financing: No cost consideration to the City [APPROVED; 98-1315]

44. Authorize a major sports celebration in honor of the Dallas Stars on or following June 23, 1998, in accordance with Resolution 93-4570, "A Policy Statement for Major Sports Celebrations" - Financing: No cost consideration to the City [APPROVED AS AN INDIVIDUAL ITEM; 98-1316]

45. Authorize city-sponsorship in an amount not to exceed $3,500 in direct sponsorship and $1,500 for in-kind support of a new special event entitled "Ciclo en Mayo!" in accordance with Resolution 97-0854, the Policy Statement and Procedure Guidelines for the City-Sponsorship of Special Events Program - $3,500 - Financing: Current Funds [APPROVED; 98-1317]

46. Authorize (1) a public hearing to be held on May 13, 1998, to receive citizen comments on re-establishing the public improvement district, known as the Vickery Meadows Public Improvement District for the purpose of providing supplemental public services and improvements, to be funded by assessments on real property and real property improvements located in the District; and (2) consideration at the close of the hearing of a resolution renewing and re-establishing the Vickery Meadows Public Improvement District - Financing: No cost consideration to the City [APPROVED; 98-1318]

47. Authorize 1) an increase earned as stipulated in the contract with Willis-Rollinson, Inc. d/b/a Ward North America, Inc. to provide workers' compensation claims management services for the current contract period of October 1, 1995 through September 30, 1998 - $896,411, from $4,564,590 to $5,461,001; and 2) exercise a twelve month renewal option to the contract for the period of October 1, 1998 through September 30, 1999 - $1,925,545 subject to the appropriation of funds - Total not to exceed $2,821,956 - Financing: Workers' Compensation Current Funds [APPROVED; 98-1319]

48. An ordinance authorizing a change of zoning to an MU-2 (SAH) Mixed Use (Standard Affordable Housing) District and an MU-2(SAH)-D Mixed Use (Standard Affordable Housing)-Dry District on property presently zoned an LO-1-D Limited Office-Dry District, an MF-2(A) Multifamily District, and a CR Community Retail District on property on the northwest side of Gaston Parkway, southwest of Beachview Street, and a resolution authorizing acceptance of deed restriction instruments submitted in conjunction with the change of zoning (Z978-161/10512-NE(RB) - Financing: No cost consideration to the City [APPROVED AS AN INDIVIDUAL ITEM; 98-1320; ORDINANCE NO. 23494]

49. Authorize application for and acceptance of the 1997-98 Weed and Seed grants from the U. S. Department of Justice, Bureau of Justice Assistance for the period October 1, 1997 through September 30, 1998, and execution of the grant agreements - $275,000 - Financing: U. S. Department of Justice, Bureau of Justice Assistance Grant Funds ($175,000) and U. S. Department of Justice, Asset Forfeiture Funds ($100,000) [APPROVED; 98-1321]

50. Authorize a replacement housing payment and a disbursement of funds from the Substandard Housing Assistance Repair Demonstration Program for homeowners, Glen E. Kenyon and Regina Meares, as a result of an order to vacate and demolish by the Urban Rehabilitation Standards Board in an amount not to exceed $40,000 - Financing: 1995-96 Community Development Grant Funds [APPROVED; 98-1322]

51. Authorize a replacement housing payment for homeowner, Jimmie James Lee, as a result of an order to vacate and demolish by the Urban Rehabilitation Standards Board in an amount not to exceed $22,500 - Financing: 1995-96 Community Development Grant Funds
[APPROVED; 98-1323]

PUBLIC HEARINGS AND RELATED ACTIONS

MISCELLANEOUS HEARINGS

52. Authorize an amendment to the CBD Streets and Vehicular Circulation Plan to delete the Canton/Taylor Extension between Central Boulevard and I.H. 345, to designate Unnamed CBD(1) from Central Expressway to Good Latimer Expressway as a two-lane undivided roadway with 24-foot pavement and parallel parking within 58 feet of right-of-way and to designate Unnamed CBD(2) from Canton Street to 500 feet south of the proposed Unnamed CBD(1) as a two-lane undivided roadway with 24-foot pavement and parallel parking within 58 feet of right-of-way and an ordinance implementing the changes - Financing: No cost consideration to the City [HEARING CLOSED; APPROVED AS AMENDED; 98-1324; ORDINANCE NO. 23495]

Amendment to City of Dallas Enterprise Zone Three

53. * A public hearing to receive citizen comments concerning the amendment of Enterprise Zone Three (Enterprise Zone No. EZ235-120597-D3) in the City of Dallas to incorporate Census Tract 83.00 [HEARING CLOSED; 98-1325]

54. * An ordinance authorizing the amendment of the boundary of the City of Dallas Enterprise Zone Three - Financing: No cost consideration to City [APPROVED; 98-1326; ORDINANCE NO. 23496]

55. * Authorize the City of Dallas to submit an application to the Texas Department of Economic Development (formerly the Texas Department of Commerce) for the amended Enterprise Zone Three; and authorize payment of the application fee to the Texas Department of Economic Development - Not to exceed $500 - Financing: Current Funds
[APPROVED; 98-1327]

ZONING CASES - CONSENT [98-1328]

56. Application for and an ordinance granting an amendment to Planned Development District No. 281, the Lakewood Center Special Purpose District, to increase the maximum height allowed in Subarea C to accommodate the existing building and mounted cellular antennas and to allow mounted cellular antennas by right at the northwest corner of LaVista Drive and Gaston Avenue
Recommendation of Staff and CPC: Approval, subject to amended conditions
Z978-164/521-C(LS) [CPC RECOMMENDATION FOLLOWED; 98-1329;ORDINANCE NO. 23498]

57. Application for and an ordinance granting a TH-2(A) Townhouse District on property presently zoned a TH-1(A) Townhouse District and an R-10(A) Single Family District on the north side of Northwest Highway, west of Midway Road
Recommendation of Staff and CPC: Approval
Z978-169/10522-NW(LS) [CPC RECOMMENDATION FOLLOWED; 98-1330; ORDINANCE NO. 23499]

ZONING CASES - INDIVIDUAL

58. Application for and an ordinance granting a Specific Use Permit for a Tower/antenna for cellular communication on property presently zoned an MU-1 Mixed Use District located north of Rylie Road and west of Dowdy Ferry Road
Recommendation of Staff: Denial
Recommendation of CPC: Approval for a permanent time period, subject to a site plan and conditions
Z978-115/9028-SE(CR) [CPC RECOMMENDATION FOLLOWED; 98-1331; ORDINANCE NO. 23500]

59. Application for a CR-MD-1 Community Retail District with a Modified Delta Overlay District on property presently zoned an MF-2(A)-MD-1 Multifamily District with a Modified Delta Overlay District at the northwest corner of LaVista Drive and Hope Street
Recommendation of Staff and CPC: Denial
Z978-126/10469-C(LS) [DELETED ON THE ADDENDUM; 98-1332]

60. Application for and an ordinance granting a Planned Development District for a Private Recreation Center, Club or Area and related uses on property presently zoned an A(A) Agricultural District located east of Dowdy Ferry Road and south of Rylie Road
Recommendation of Staff: Denial
Recommendation of CPC: Approval, subject to a development plan and conditions
Z978-143/10490-SE(CR) [CPC RECOMMENDATION FOLLOWED; 98-1333; ORDINANCE NO. 23501]

ZONING CASE UNDER ADVISEMENT - INDIVIDUAL

61. Application for and an ordinance granting a Planned Development Subdistrict for a Public School (Sam Houston Relief School) and retention of MF-2 Multiple Family Subdistrict Uses on property presently zoned an MF-2 Multiple Family Subdistrict within Planned Development District No. 193, the Oak Lawn Special Purpose District, on the northwest side of Lucas Drive, southwest of Afton Street

Recommendation of Staff and CPC: Approval, subject to a development plan, landscape plan, and conditions
Z978-144/10204-NW(RB) [CPC RECOMMENDATION FOLLOWED; 98-1334; ORDINANCE NO. 23502]

Note: The above application was considered by the City Council on April 8, 1998, and was taken under advisement until April 22, 1998, with the public hearing open.

BENEFIT ASSESSMENT HEARINGS

Market Center Boulevard from Stemmons Freeway to Harry Hines Boulevard

62. * Benefit assessment hearing for street paving, storm drainage and water main improvements on the above listed street [HEARING CLOSED; 98-1335]

63. * Ordinance levying benefit assessments for street paving, storm drainage and water main improvements on the above listed street [APPROVED; 98-1335; ORDINANCE NO. 23503]

Superior Street from Emmett Street to Clarendon Drive

64. * Benefit assessment hearing for street paving, storm drainage, water and wastewater main improvements on the above listed street [HEARING CLOSED; 98-1336]

65. * Ordinance levying benefit assessments for street paving, storm drainage, water and wastewater main improvements on the above listed street - Financing: No cost consideration to the City [APPROVED; 98-1336; ORDINANCE NO. 23504]

ITEMS FOR INDIVIDUAL CONSIDERATION

66. Consideration of appointments to boards and commissions (Executive Session, if necessary, Personnel, Sec. 551.074, T.O.M.A.) [APPOINTMENTS MADE TO BOARDS; 98-1337]

67. Authorize approval of the bi-weekly tax action [APPROVED; 98-1338]

Closed Session [NO CLOSED SESSION HELD; 98-1339]

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

- Debra Walker, et al v. HUD, et al.
- City of Fort Worth v. City of Dallas, et al., Cause No. 48-171109-97 (lawsuit regarding the Shelby Amendment to Wright Amendment)
- City of Dallas v. Department of Transportation, et al., Civil Action No. 4-97CV-939-A

Personnel (Sec. 551.074 T.O.M.A.)

- Discussion and evaluation of candidates for appointment to the position of City Secretary

ADDITIONS:

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