AUGUST 26, 2009 CITY COUNCIL ADDENDUM CERTIFICATION

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1 AUGUST 26, 2009 CITY COUNCIL ADDENDUM CERTIFICATION This certification is given pursuant to Chapter XI, Section 9 of the City Charter for the City Council Addendum dated August 26, We hereby certify, as to those contracts, agreements, or other obligations on this Agenda authorized by the City Council for which expenditures of money by the City are required, that all of the money required for those contracts, agreements, and other obligations is in the City treasury to the credit of the fund or funds from which the money is to be drawn, as required and permitted by the City Charter, and that the money is not appropriated for any other purpose. Date Edward Scott City Controller Date

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3 ADDENDUM CITY COUNCIL MEETING WEDNESDAY, AUGUST 26, 2009 CITY OF DALLAS 1500 MARILLA COUNCIL CHAMBERS, CITY HALL DALLAS, TX :00 A.M. REVISED ORDER OF BUSINESS Agenda items for which individuals have registered to speak will be considered no earlier than the time indicated below: 9:00 a.m. INVOCATION AND PLEDGE OF ALLEGIANCE OPEN MICROPHONE CLOSED SESSION MINUTES Item 1 CONSENT AGENDA Items 2-64 CONSENT ADDENDUM Items 1-12 ITEMS FOR INDIVIDUAL CONSIDERATION No earlier Items than 9:30 a.m. Addendum Item 13 PUBLIC HEARINGS AND RELATED ACTIONS 1:00 p.m. Items Addendum Item 14

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5 ADDENDUM CITY COUNCIL MEETING AUGUST 26, 2009 CITY OF DALLAS 1500 MARILLA COUNCIL CHAMBERS, CITY HALL DALLAS, TEXAS :00 A. M. ADDITIONS: CONSENT ADDENDUM Business Development & Procurement Services 1. Authorize the sale of self-contained breathing apparatus harnesses and masks sold at public auction, on August 19, 2009, to Lucas Ivan Tapia - Revenue: $25,075 City Attorney's Office 2. Authorize Supplemental Agreement No. 1 to the professional services contract with the law firm of Brown & Hofmeister, L.L.P. for additional legal services necessary in the lawsuit styled Thomas Hannon v. David L. Nevitt, et al., Civil Action No. 3:09-CV N - Not to exceed $75,000, from $25,000 to $100,000 - Financing: Current Funds 3. Authorize Supplemental Agreement No. 4 to the professional services contract with the law firm of Adorno Yoss White & Wiggins, LLP for additional legal services necessary in the lawsuit styled Carson Dunlap v. Rodney Hood, et al., Civil Action No. 3:07-CV B - Not to exceed $88,000, from $318,000 to $406,000 - Financing: Current Funds 4. A resolution amending Section 4 of the City Council Rules of Procedure to revise rules relating to city council attendance - Financing: No cost consideration to the City (via Mayor Leppert) Department of Development Services 5. Authorize the deposit of a Special Commissioners Award in City of Dallas v. Michael L. Minzer, et al, Cause No. CC B, pending in the County Court at Law No. 2, for acquisition from Michael L. Minzer and Richard Plumb of approximately 4,015 square feet of land located near the intersection of Commerce and Griffin Streets for the Belo Gardens Park Project - $342,275 - Financing: 2006 Bond Funds 6. Authorize the deposit of a Special Commissioners Award in City of Dallas v. Rosemary Dearing, et al, Cause No. CC C, pending in the County Court at Law No. 3, for acquisition from Rosemary Dearing, James Earl Shoemaker, Roger Tom Shoemaker, and the Browning Family Trust (Joe Jack Browning and Lila Jean Browning, Trustees) of approximately 4,109 square feet of land located near the intersection of Commerce and Griffin Streets for the Belo Gardens Park Project - $400,000 - Financing: 2006 Bond Funds

6 ADDENDUM CITY COUNCIL MEETING AUGUST 26, 2009 ADDITIONS: (Continued) CONSENT ADDENDUM (Continued) Department of Development Services (Continued) 7. Authorize the deposit of a Special Commissioners Award in City of Dallas v. Dallas Main L.P., et al, Cause No. CC D, pending in the County Court at Law No. 4, for acquisition from Dallas Main, L.P. of two tracts of land containing a total of approximately 55,540 square feet of land located near the intersection of Commerce and Griffin Streets for the Belo Gardens Park Project - $5,276,304 - Financing: 2006 Bond Funds 8. A resolution authorizing the dedication of two easements containing a total of approximately 55,195 square feet of City-owned land for the purpose of retention and drainage of stormwater and establishing special conditions controlling the construction, use and maintenance of the retention and drainage area facilities for Gramercy on the Park development located near State Highway 190 also known as President George Bush Turnpike - Financing: No cost consideration to the City 9. An ordinance abandoning portions of Worth and Walton (formerly Oak) Streets near the intersection of Worth and Hall Streets to Dallas Area Rapid Transit, the abutting owner, containing approximately 9,045 square feet of land, and authorizing the quitclaim - Revenue: $199,750 plus the $20 ordinance publication fee Park & Recreation 10. Authorize a construction contract for interior renovations and additions to the existing Aquarium, including replacement of the life support systems, renovation of the public areas with new aquatic exhibits, and a new addition for the shark and sting ray tanks at Fair Park located at 1462 First Avenue - Phoenix I Restoration and Construction, Ltd., best value proposer of five - $7,901,000 - Financing: 2003 Bond Funds ($371,935) and 2006 Bond Funds ($7,529,065) 11. Authorize a service contract with Ford Audio-Video Systems, Inc., through the Texas Multiple Award Schedule for the purchase and installation of the audio, video and control system to Juanita J. Craft Recreation Center located at 4500 Spring Avenue - Not to exceed $169,578 - Financing: 2006 Bond Funds 2

7 ADDENDUM CITY COUNCIL MEETING AUGUST 26, 2009 ADDITIONS: (Continued) CONSENT ADDENDUM (Continued) Public Works & Transportation 12. Authorize (1) rescinding the contract with Bauhaus Interiors Group, previously approved on May 27, 2009, by Resolution No , for interior furnishings for the Lochwood Branch Library located at Lochwood Boulevard; and (2) an increase in the contract with J.C. Commercial, Inc. for interior furnishings and additional work requested to revise the building entry approach and provide a transition between the existing building and the new construction of the Lochwood Branch Library - Not to exceed $187,235, from $4,075,556 to $4,262,791 - Financing: 2003 Bond Funds ITEMS FOR INDIVIDUAL CONSIDERATION Park & Recreation 13. Authorize (1) a contract with CORE Construction Services of Texas, Inc., best value proposer of four, in the amount of $3,260,000, for the renovation and an addition to the Juanita J. Craft Recreation Center located at 4500 Spring Avenue; (2) assignment of the contract with CORE Construction Service of Texas, Inc. to Southern Sector Health Initiative and Baylor Health Care System to manage; (3) the receipt and deposit of funds in the amount of $1,625,000 from Southern Sector Health Initiative/Baylor for the renovation and an addition to the Juanita J. Craft Recreation Center; and (4) an increase in appropriations in the Juanita J. Craft Wellness Fund in the amount of $1,625,000 - Not to exceed $3,260,000 - Financing: 2006 Bond Funds ($1,635,000) and Juanita J. Craft Wellness Funds ($1,625,000) PUBLIC HEARINGS AND RELATED ACTIONS Department of Development Services ZONING CASES - CONSENT 14. A public hearing to receive comments regarding an application for and an ordinance granting a Planned Development District for Retirement housing, Single family, and certain nonresidential uses on property zoned an MF-2(A) Multifamily District and an MU-1 Mixed Use District on property at the northwest corner of Compton Street and Fran Way Recommendation of Staff and CPC: Approval, subject to a Tract I and Tract II development plan/tract III conceptual plan and conditions Z (RB) 3

8 ADDENDUM CITY COUNCIL MEETING AUGUST 26, 2009 DELETION: Public Works & Transportation 56. Authorize (1) a contract for the reconstruction of Taxiway "C"; Taxiway D1; Taxiway "C" Connectors with runway 13R/31L and reconstruction and extension of Taxiway "L" at Dallas Love Field, with Texas Sterling Construction Company, lowest responsible bidder of six, in an amount not to exceed $13,858,047; and (2) an increase in appropriations in the amount of $15,520,654 in the Federal Aviation Administration Airport Improvement Program Grant Fund - Not to exceed $13,858,047 - Financing: Aviation Passenger Facility Charge Funds ($3,464,512) and Federal Aviation Administration Airport Improvement Program Grant Funds ($10,393,535) 4

9 ADDENDUM DATE August 26, 2009 ITEM IND # OK DEF DISTRICT TYPE DEPT. DOLLARS LOCAL MWBE DESCRIPTION PBD, Authorize the sale of self-contained breathing apparatus harnesses and masks sold at public auction, on 1 All C FIR REV $25,075 NA NA August 19, 2009, to Lucas Ivan Tapia 2 N/A C ATT $75, % 0.00% Authorize Supplemental Agreement No. 1 to the professional services contract with the law firm of Brown & Hofmeister, L.L.P. for additional legal services necessary in the lawsuit styled Thomas Hannon v. David L. Nevitt, et al., Civil Action No. 3:09-CV-0066-N 3 N/A C ATT $88, % 0.00% Authorize Supplemental Agreement No. 4 to the professional services contract with the law firm of Adorno Yoss White & Wiggins, LLP for additional legal services necessary in the lawsuit styled Carson Dunlap v. Rodney Hood, et al., Civil Action No. 3:07-CV-2147-B 4 All C ATT NC NA NA A resolution amending Section 4 of the City Council Rules of Procedure to revise rules relating to city council attendance (via Mayor Leppert) 5 14 C DDS $342, NA NA Authorize the deposit of a Special Commissioners Award in City of Dallas v. Michael L. Minzer, et al, Cause No. CC B, pending in the County Court at Law No. 2, for acquisition from Michael L. Minzer and Richard Plumb of approximately 4,015 square feet of land located near the intersection of Commerce and Griffin Streets for the Belo Gardens Park Project 6 14 C DDS, PKR $400, NA NA 7 14 C DDS $5,276, NA NA 8 12 C DDS, WTR NC NA NA 9 2 C DDS REV $199,750 NA NA 10 7 C PKR $7,901, % 29.97% 11 7 C PKR $169, NA NA 12 9 C PWT, LIB $187, % 23.36% 13 7 I PKR $1,635, % 26.32% Authorize the deposit of a Special Commissioners Award in City of Dallas v. Rosemary Dearing, et al, Cause No. CC C, pending in the County Court at Law No. 3, for acquisition from Rosemary Dearing, James Earl Shoemaker, Roger Tom Shoemaker, and the Browning Family Trust (Joe Jack Browning and Lila Jean Browning, Trustees) of approximately 4,109 square feet of land located near the intersection of Commerce and Griffin Streets for the Belo Gardens Park Project Authorize the deposit of a Special Commissioners Award in City of Dallas v. Dallas Main L.P., et al, Cause No. CC D, pending in the County Court at Law No. 4, for acquisition from Dallas Main, L.P., of two tracts of land containing a total of approximately 55,540 square feet of land located near the intersection of Commerce and Griffin Streets for the Belo Gardens Park Project A resolution authorizing the dedication of two easements containing a total of approximately 55,195 square feet of City-owned land for the purpose of retention and drainage of stormwater and establishing special conditions controlling the construction, use and maintenance of the retention and drainage area facilities for Gramercy on the Park development located near State Highway 190 also known as President George Bush Turnpike An ordinance abandoning portions of Worth and Walton (formerly Oak) Streets near the intersection of Worth and Hall Streets to Dallas Area Rapid Transit, the abutting owner, containing approximately 9,045 square feet of land and authorizing the quitclaim Authorize a construction contract for interior renovations and additions to the existing Aquarium, including replacement of the life support systems, renovation of the public areas with new aquatic exhibits, and a new addition for the shark and sting ray tanks at Fair Park located at 1462 First Avenue Authorize a service contract with Ford Audio-Video Systems, Inc., through the Texas Multiple Award Schedule for the purchase and installation of the audio, video and control system to Juanita J. Craft Recreation Center located at 4500 Spring Avenue Authorize rescinding the contract with Bauhaus Interiors Group, previously approved on May 27, 2009, by Resolution No , for interior furnishings for the Lochwood Branch Library located at Lochwood Boulevard; and an increase in the contract with J.C. Commercial, Inc. for interior furnishings and additional work requested to revise the building entry approach and provide a transition between the existing building and the new construction of the Lochwood Branch Library Authorize a contract with CORE Construction Services of Texas, Inc., best value proposer of four, for the renovation and an addition to the Juanita J. Craft Recreation Center located at 4500 Spring Avenue; assignment of the contract with CORE Construction Service of Texas, Inc. to Southern Sector Health Initiative and Baylor Health Care System to manage; and the receipt and deposit of funds from Southern Sector Health Initiative/Baylor for the renovation and an addition to the Juanita J. Craft Recreation Center Page 1

10 ADDENDUM DATE August 26, 2009 ITEM IND # OK DEF DISTRICT TYPE DEPT. DOLLARS LOCAL MWBE DESCRIPTION A public hearing to receive comments regarding an application for and an ordinance granting a Planned Development District for Retirement housing, Single family, and certain nonresidential uses on property zoned an MF-2(A) Multifamily District and an MU-1 Mixed Use District on property at the northwest corner of 14 4 PH DDS NC NA NA Compton Street and Fran Way TOTAL $16,074, Page 2

11 KEY FOCUS AREA: ADDENDUM ITEM # 1 Make Government More Efficient, Effective and Economical AGENDA DATE: August 26, 2009 COUNCIL DISTRICT(S): DEPARTMENT: All Business Development & Procurement Services Fire CMO: Dave Cook, Ryan S. Evans, MAPSCO: SUBJECT N/A Authorize the sale of self-contained breathing apparatus harnesses and masks sold at public auction, on August 19, 2009, to Lucas Ivan Tapia - Revenue: $25,075 BACKGROUND On May 14, 2008 a master agreement was established to purchase self-contained breathing apparatus meeting National Fire Protection Association (NFPA) standard on open-circuit self-contained breathing apparatus 2007 Edition. This standard establishes, in part, minimum requirements for the design, performance, testing, and certification of new compressed breathing air open-circuit self-contained breathing apparatus (SCBA). Dallas Fire-Rescue currently has approximately 667 SCBAs in service; the following equipment has been removed from circulation because it does not meet the NFPA standards: 493 self-contained breathing apparatus harnesses 49 self-contained breathing apparatus masks This equipment provides firefighters the ability to operate in smoke or chemically contaminated environments. The auctioned equipment is 10 to 15 years old and has been replaced by new and upgraded equipment with locaters which comply with NFPA standards for respective equipment. This type of equipment is vital to the protection of the firefighters when required to enter facilities for the purpose of extinguishing fires and conducting rescue operations. The selected equipment has gone through an auction process and staff recommends award to the highest responsive and responsible bidder.

12 BACKGROUND (Continued) This action is being submitted according to Dallas City Code , which requires that when the highest bid for property is more than $20,000.00, the sale to the highest bidder must be confirmed by the City Council. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) This item has no prior action. FISCAL INFORMATION $25, Revenue BID INFORMATION The following bid was received by on-line auction on August 19, 2009: *Denotes successful bidder Bidders Address Amount of Bid *Lucas Ivan Tapia 422 South Main $25, Mapleton, Utah OWNERS Lucas Ivan Tapia, Individual Agenda Date 08/26/ page 2

13 COUNCIL CHAMBER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: August 26, 2009 Section 1. That the City Manager or designee be and is hereby authorized to dispose of self-contained breathing apparatus harnesses and masks sold at public auction, on August 19, 2009, to Lucas Ivan Tapia, revenue in the amount of $25, Section 2. That the City Controller be and is hereby authorized to deposit revenues received from the proceeds of the sale to: REVENUE FUND DEPT UNIT SOURCE AMOUNT 0001 BMS $21, POM $ 3, BALANCE FUND DEPT SHEET CODE AMOUNT 0001 BMS 0758 $ 2, (tax collected) Section 3. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved. DISTRIBUTION: Business Development & Procurement Services, 3FN Dallas Fire-Rescue

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15 KEY FOCUS AREA: ADDENDUM ITEM # 2 Make Government More Efficient, Effective and Economical AGENDA DATE: August 26, 2009 COUNCIL DISTRICT(S): DEPARTMENT: N/A City Attorney's Office CMO: Thomas P. Perkins, Jr., MAPSCO: SUBJECT N/A Authorize Supplemental Agreement No. 1 to the professional services contract with the law firm of Brown & Hofmeister, L.L.P. for additional legal services necessary in the lawsuit styled Thomas Hannon v. David L. Nevitt, et al., Civil Action No. 3:09-CV-0066-N - Not to exceed $75,000, from $25,000 to $100,000 - Financing: Current Funds BACKGROUND On March 2, 2009, pursuant to Administrative Action No , the City entered into a professional services contract with the law firm of Brown & Hofmeister, L.L.P. in an amount not to exceed $25,000 for legal services necessary in the lawsuit styled Thomas Hannon v. David L. Nevitt, et al., Civil Action No. 3:09-CV-0066-N. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Council is scheduled to be briefed in Closed Session on August 19, FISCAL INFORMATION $75,000 Current Funds M/WBE INFORMATION The recommended awardee has fulfilled the good faith requirements set forth in the Business Inclusion and Development (BID) Plan adopted by Resolution No , as amended.

16 ETHNIC COMPOSITION Brown & Hofmeister, L.L.P. White Male 13 White Female 10 African-American Male 0 African-American Female 1 Hispanic Male 1 Hispanic Female 1 Other Male 0 Other Female 0 OWNER Brown & Hofmeister, L.L.P. Edwin P. Voss, Jr., Partner Agenda Date 08/26/ page 2

17 BUSINESS INCLUSION AND DEVELOPMENT PLAN SUMMARY PROJECT: Authorize Supplemental Agreement No. 1 to the professional services contract with the law firm of Brown & Hofmeister, L.L.P. for additional legal services necessary in the lawsuit styled Thomas Hannon v. David L. Nevitt, et al., Civil Action No. 3:09-CV-0066-N - Not to exceed $75,000, from $25,000 to $100,000 - Financing: Current Funds Brown & Hofmeister, L.L.P. is a local, non-minority firm, has signed the "Business Inclusion & Development" documentation, and proposes to use their own workforce. PROJECT CATEGORY: Professional Services LOCAL/NON-LOCAL CONTRACT SUMMARY - THIS ACTION ONLY Amount Percent Local contracts $75, % Non-local contracts $ % TOTAL THIS ACTION $75, % LOCAL/NON-LOCAL M/WBE PARTICIPATION THIS ACTION Local Contractors / Sub-Contractors None Non-Local Contractors / Sub-Contractors None TOTAL M/WBE PARTICIPATION This Action Participation to Date Amount Percent Amount Percent African American $ % $ % Hispanic American $ % $ % Asian American $ % $ % Native American $ % $ % WBE $ % $ % Total $ % $ %

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19 COUNCIL CHAMBER August 26, 2009 WHEREAS, on March 2, 2009, pursuant to Administrative Action No , the City entered into a professional services contract with the law firm of Brown & Hofmeister, L.L.P., to provide legal advice and legal services in the lawsuit styled Thomas Hannon v. David Nevitt, et al., Civil Action No. 3:09-CV-0066-N, in an amount not to exceed $25,000; and WHEREAS, the legal services of Brown & Hofmeister, L.L.P., continue to be necessary in this lawsuit; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That, following approval as to form by the City Attorney, the City Manager is hereby authorized to enter into Supplemental Agreement No. 1 to the professional services contract with the law firm of Brown & Hofmeister, L.L.P., for additional legal services necessary in the lawsuit styled Thomas Hannon v. David Nevitt, et al., Civil Action No. 3:09-CV-0066-N, in an amount not to exceed $75,000, increasing the original contract, from $25,000 to $100,000. SECTION 2. That the City Controller is authorized to disburse additional periodic payments in an amount not to exceed $75,000 to Brown & Hofmeister, L.L.P., in accordance with the terms of the contract and Supplemental Agreement No. 1, from Fund 0192, Department ORM, Unit 3890, Obj. 3070, Encumbrance No. ATT389009J054, Vendor No SECTION 3. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.

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21 KEY FOCUS AREA: ADDENDUM ITEM # 3 Make Government More Efficient, Effective and Economical AGENDA DATE: August 26, 2009 COUNCIL DISTRICT(S): DEPARTMENT: N/A City Attorney's Office CMO: Thomas P. Perkins, Jr., MAPSCO: SUBJECT N/A Authorize Supplemental Agreement No. 4 to the professional services contract with the law firm of Adorno Yoss White & Wiggins, LLP for additional legal services necessary in the lawsuit styled Carson Dunlap v. Rodney Hood, et al., Civil Action No. 3:07-CV-2147-B - Not to exceed $88,000, from $318,000 to $406,000 - Financing: Current Funds BACKGROUND On March 11, 2008, pursuant to Administrative Action No , the City entered into a professional services contract with the law firm of Adorno Yoss White & Wiggins, LLP in an amount not to exceed $25,000 for legal services necessary in the lawsuit styled Carson Dunlap v. Rodney Hood, et al., Civil Action No. 3:07-CV-2147-B. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On June 25, 2008, by Resolution No , the City Council authorized Supplemental Agreement No. 1 to the professional services contract with the law firm of Adorno Yoss White & Wiggins, LLP in an amount not to exceed $60,000, increasing the original contract amount from $25,000 to $85,000. On December 10, 2008, by Resolution No , the City Council authorized Supplemental Agreement No. 2 to the professional services contract with the law firm of Adorno Yoss White & Wiggins, LLP in an amount not to exceed $130,000, increasing the original contract, as supplemented, from $85,000 to $215,000. On April 8, 2009, by Resolution No , the City Council authorized Supplemental Agreement No. 3 to the professional services contract with the law firm of Adorno Yoss White & Wiggins, LLP in an amount not to exceed $103,000, increasing the original contract, as supplemented, from $215,000 to $318,000. Council is scheduled to be briefed in Closed Session on August 19, 2009.

22 FISCAL INFORMATION Funding for this item is budgeted in the current fiscal year. $88,000 - Current Funds M/WBE INFORMATION The recommended awardee has fulfilled the good faith requirements set forth in the Business Inclusion and Development (BID) Plan adopted by Council Resolution No , as amended. ETHNIC COMPOSITION Adorno Yoss White & Wiggins, LLP White Male 3 White Female 3 African-American Male 5 African-American Female 7 Hispanic Male 0 Hispanic Female 1 Other Male 0 Other Female 0 OWNER Adorno Yoss White & Wiggins, LLP Kevin B. Wiggins, Partner Agenda Date 08/26/ page 2

23 BUSINESS INCLUSION AND DEVELOPMENT PLAN SUMMARY PROJECT: Authorize Supplemental Agreement No. 4 to the professional services contract with the law firm of Adorno Yoss White & Wiggins, LLP for additional legal services necessary in the lawsuit styled Carson Dunlap v. Rodney Hood, et al., Civil Action No. 3:07-CV-2147-B - Not to exceed $88,000, from $318,000 to $406,000 - Financing: Current Funds Adorno Yoss White & Wiggins, LLP is a local, minority firm, has signed the "Business Inclusion & Development" documentation, and proposes to use their own workforce. PROJECT CATEGORY: Professional Services LOCAL/NON-LOCAL CONTRACT SUMMARY - THIS ACTION ONLY Amount Percent Local contracts $88, % Non-local contracts $ % TOTAL THIS ACTION $88, % LOCAL/NON-LOCAL M/WBE PARTICIPATION THIS ACTION Local Contractors / Sub-Contractors None Non-Local Contractors / Sub-Contractors None TOTAL M/WBE PARTICIPATION This Action Participation to Date Amount Percent Amount Percent African American $ % $ % Hispanic American $ % $ % Asian American $ % $ % Native American $ % $ % WBE $ % $ % Total $ % $ %

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25 COUNCIL CHAMBER August 26, 2009 WHEREAS, the City of Dallas is involved in a lawsuit styled Carson Dunlap v. Rodney Hood, et al., Civil Action No. 3:07-CV-2147-B; and WHEREAS, on March 11, 2008, pursuant to Administrative Action No , the City entered into a professional services contract with the law firm of Adorno Yoss White & Wiggins, LLP, in the amount of $25,000, for legal services necessary to represent the City in this lawsuit and related matters; and WHEREAS, on June 25, 2008, pursuant to Resolution No , the City entered into Supplemental Agreement No. 1 to the professional services contract with the law firm of Adorno Yoss White & Wiggins, LLP, for additional legal services necessary in this lawsuit in an amount not to exceed $60,000, increasing the original contract amount from $25,000 to $85,000; and WHEREAS, on December 10, 2008, pursuant to Resolution No , the City entered into Supplemental Agreement No. 2 to the professional services contract with the law firm of Adorno Yoss White & Wiggins, LLP, for additional legal services necessary in this lawsuit in an amount not to exceed $130,000, increasing the original contract amount, as supplemented, from $85,000 to $215,000. WHEREAS, on April 8, 2009, pursuant to Resolution No , the City entered into Supplemental Agreement No. 3 to the professional services contract with the law firm of Adorno Yoss White & Wiggins, LLP, for additional legal services necessary in this lawsuit in an amount not to exceed $103,000, increasing the original contract amount, as supplemented, from $215,000 to $318,000. WHEREAS, the services of the law firm of Adorno Yoss White & Wiggins, LLP, continue to be necessary for representation of the City in this lawsuit; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That, following approval as to form by the City Attorney, the City Manager is hereby authorized to enter into Supplemental Agreement No. 4 to the professional services contract with the law firm of Adorno Yoss White & Wiggins, LLP, for additional legal services necessary in the lawsuit styled Carson Dunlap v. Rodney Hood, et al., Civil Action No. 3:07-CV-2147-B, and any other matters related to this lawsuit, in an amount not to exceed $88,000, increasing the original contract amount, as supplemented, from $318,000 to $406,000. SECTION 2. That the City Controller is authorized to disburse, in periodic payments to the law firm of Adorno Yoss White & Wiggins, LLP, in an amount not to exceed $88,000 from Fund 0192, Department ORM, Unit 3890, Obj. 3070, Encumbrance No. ATT389009J055, Vendor No

26 COUNCIL CHAMBER August 26, 2009 SECTION 3. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.

27 KEY FOCUS AREA: ADDENDUM ITEM # 4 Make Government More Efficient, Effective and Economical AGENDA DATE: August 26, 2009 COUNCIL DISTRICT(S): DEPARTMENT: All City Attorney's Office CMO: Thomas P. Perkins, Jr., MAPSCO: SUBJECT N/A A resolution amending Section 4 of the City Council Rules of Procedure to revise rules relating to city council attendance - Financing: No cost consideration to the City (via Mayor Leppert) BACKGROUND The proposed resolution would add Subsection 4.12 to the City Council Rules of Procedure to require council members to be present during at least 50% of a council meeting or council committee meeting to receive compensation under the charter. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) This item has no prior action. FISCAL INFORMATION No cost consideration to the City.

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29 COUNCIL CHAMBER August 26, 2009 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That Section 4, Duties and Privileges of Members, of the City Council Rules of Procedure, as amended, is amended by adding Subsection 4.12, Absence from More than 50 Percent of a Meeting, to read as follows: Absence from More than 50 Percent of a Meeting. (a) If a city council member is absent from more than 50 percent of a regular city council meeting, or more than 50 percent of a regular meeting of a city council committee to which he or she is assigned, and he or she is not on official city business at the direction of the city council as approved under Subsection 4.11 of these Rules, the member will be deemed to be absent from the meeting, and the absence will be counted against the member for purposes of determining the member s annual compensation under Chapter III, Section 4 of the Dallas City Charter. (b) The city secretary, or a person designated by the city secretary or the city manager to record attendance of city council members at a meeting, shall maintain a record of each city council member s absences so that such absences can be used in determining the member s annual compensation under Chapter III, Section 4 of the Dallas City Charter. Section 2. That the City Council Rules of Procedure, as amended, will remain in full force and effect, save and except as amended by this resolution. Section 3. That this resolution will take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved. APPROVED AS TO FORM: THOMAS P. PERKINS, JR., City Attorney By Assistant City Attorney

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31 KEY FOCUS AREA: Economic Vibrancy ADDENDUM ITEM # 5 AGENDA DATE: August 26, 2009 COUNCIL DISTRICT(S): 14 DEPARTMENT: Department of Development Services CMO: A. C. Gonzalez, MAPSCO: SUBJECT 45P Authorize the deposit of a Special Commissioners Award in City of Dallas v. Michael L. Minzer, et al, Cause No. CC B, pending in the County Court at Law No. 2, for acquisition from Michael L. Minzer and Richard Plumb of approximately 4,015 square feet of land located near the intersection of Commerce and Griffin Streets for the Belo Gardens Park Project - $342,275 - Financing: 2006 Bond Funds BACKGROUND This item authorizes deposit of a Special Commissioners Award for the acquisition of approximately 4,015 square feet of land. The property is improved with surface parking. The original offer of $276,000 was based on an independent appraisal. The offer was not accepted by the owners and an eminent domain case was filed to acquire the land. The Special Commissioners awarded $342,275. The City has no control over Special Commissioners appointed by county court at law judges or any award that is subsequently rendered by Special Commissioners. The City, in order to acquire possession and proceed with its improvements, must deposit the Commissioners Award in the Registry of the Court. PRIOR ACTION / REVIEW (COUNCIL, BOARDS, COMMISSIONS) Authorized acquisition on October 8, 2008 by Resolution No FISCAL INFORMATION 2006 Bond Funds - $342,275 OWNERS Michael L. Minzer Richard Plumb

32 MAPS Attached Agenda Date 08/26/ page 2

33 v( ----=======::;:;;;;I

34 J ~ Site to be acquired

35 COUNCIL CHAMBER August 26, 2009 A RESOLUTION AUTHORIZING THE DEPOSIT OF A SPECIAL COMMISSIONERS AWARD AND SETTLEMENT OF THE CONDEMNATION SUIT FOR THE AWARD. IN THIS RESOLUTION THE FOLLOWING DEFINITIONS SHALL APPLY: CONDEMNATION SUIT: Cause No. CC B, in County Court at Law No. 2, and styled City of Dallas v. Michael L. Minzer, et al, filed pursuant to City Council Resolution No PROPERTY: Approximately 4,015 square feet of land situated in City Block 62-1/2 in the City of Dallas, Dallas County, Texas, as described in said condemnation suit. PROJECT: Belo Garden Park project OFFICIAL OFFER: $276, AWARD: $342, DESIGNATED FUNDS: $342,275 from Park and Recreation Facilities Improvement Funds: Fund No. 8T00, Department PKR, Unit T025, Activity DWTN Program No. PKBELO Object 4210, Encumbrance No. PKR WHEREAS, the OFFICIAL OFFER having been made and refused, the City Attorney instituted a CONDEMNATION SUIT for the acquisition of the PROPERTY for the Project; and WHEREAS, the Special Commissioners in Condemnation appointed by the Court in the CONDEMNATION SUIT made an AWARD which the City Council wishes to deposit with the County Clerk of Dallas County, Texas, so that the City may take possession of the PROPERTY; and WHEREAS, the City Council desires to authorize the City Attorney to settle the CONDEMNATION SUIT for an amount not to exceed the Special Commissioners AWARD; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the City Controller is hereby authorized and directed to issue a check, paid out of and charged to the DESIGNATED FUNDS, in the amount of the AWARD payable to the County Clerk of Dallas County, Texas, to be deposited by the City Attorney with said County Clerk.

36 COUNCIL CHAMBER August SECTION 2. That the City Attorney is authorized to settle said Condemnation Suit for an amount not to exceed the Special Commissioners' AWARD. SECTION 3. That this Resolution shall take effect immediately from and after its passage in accordance with, the provisions of the Charter of the City of Dallas, and it is accordingly so resolved. APPROVED AS TO FORM Thomas P. P rkins Jr. City Attorn

37 KEY FOCUS AREA: Economic Vibrancy ADDENDUM ITEM # 6 AGENDA DATE: August 26, 2009 COUNCIL DISTRICT(S): 14 DEPARTMENT: Department of Development Services Park & Recreation CMO: A. C. Gonzalez, Paul D. Dyer, MAPSCO: SUBJECT 45P Authorize the deposit of a Special Commissioners Award in City of Dallas v. Rosemary Dearing, et al, Cause No. CC C, pending in the County Court at Law No. 3, for acquisition from Rosemary Dearing, James Earl Shoemaker, Roger Tom Shoemaker, and the Browning Family Trust (Joe Jack Browning and Lila Jean Browning, Trustees) of approximately 4,109 square feet of land located near the intersection of Commerce and Griffin Streets for the Belo Gardens Park Project - $400,000 - Financing: 2006 Bond Funds BACKGROUND This item authorizes deposit of a Special Commissioners Award for the acquisition of approximately 4,109 square feet of land. The property is improved with surface parking. The original offer of $282,000 was based on an independent appraisal. The offer was not accepted by the owners and an eminent domain case was filed to acquire the land. The Special Commissioners awarded $400,000. The City has no control over Special Commissioners appointed by county court at law judges or any award that is subsequently rendered by Special Commissioners. The City, in order to acquire possession and proceed with its improvements, must deposit the Commissioners Award in the Registry of the Court. PRIOR ACTION / REVIEW (COUNCIL, BOARDS, COMMISSIONS) Authorized acquisition on October 8, 2008, by Resolution No FISCAL INFORMATION 2006 Bond Funds - $400,000

38 OWNERS Rosemary Dearing James Earl Shoemaker Roger Tom Shoemaker Browning Family Trust Joe Jack Browning, Trustee Lila Jean Browning, Trustee MAPS Attached Agenda Date 08/26/ page 2

39 oopyrighlo 20m MAPlICO, In<, MAPSC045P

40 *N J ~ Tract (4,109 Sq Ft)

41 COUNCIL CHAMBER August 26, 2009 A RESOLUTION AUTHORIZING THE DEPOSIT OF A SPECIAL COMMISSIONERS AWARD AND SETTLEMENT OF THE CONDEMNATION SUIT FOR THE AWARD. IN THIS RESOLUTION THE FOLLOWING DEFINITIONS SHALL APPLY: CONDEMNATION SUIT: Cause No. CC C, in County Court at Law No. 3, and styled City of Dallas v. Rosemary Dearing, et al, filed pursuant to City Council Resolution No PROPERTY: Approximately 4,109 square feet of land situated in City Block 62-1/2 in the City of Dallas, Dallas County, Texas, as described in said condemnation suit. PROJECT: Belo Gardens Park project OFFICIAL OFFER: $282, AWARD: $400, DESIGNATED FUNDS: $400,000 from Park and Recreation Facilities Improvement Funds: Fund No. 8T00, Department PKR, Unit T025, Activity DWTN Program No. PKBELO Object 4210, Encumbrance No. PKR WHEREAS, the OFFICIAL OFFER having been made and refused, the City Attorney instituted a CONDEMNATION SUIT for the acquisition of the PROPERTY for the Project; and WHEREAS, the Special Commissioners in Condemnation appointed by the Court in the CONDEMNATION SUIT made an AWARD which the City Council wishes to deposit with the County Clerk of Dallas County, Texas, so that the City may take possession of the PROPERTY; and WHEREAS, the City Council desires to authorize the City Attorney to settle the CONDEMNATION SUIT for an amount not to exceed the Special Commissioners AWARD; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the City Controller is hereby authorized and directed to issue a check, paid out of and charged to the DESIGNATED FUNDS, in the amount of the AWARD payable to the County Clerk of Dallas County, Texas, to be deposited by the City Attorney with said County Clerk.

42 COUNCIL CHAMBER August 26, 2009 SECTION 2, That the City Attorney is authorized to settle said CONDEMNATION SUIT for an amount not to exceed the Special Commissioners' AWARD, SECTION 3. That this Resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved, ' APPROVED AS TO FORM Thomas P. Perkins Jr. City Attorne ant City Attorney

43 KEY FOCUS AREA: Economic Vibrancy ADDENDUM ITEM # 7 AGENDA DATE: August 26, 2009 COUNCIL DISTRICT(S): 14 DEPARTMENT: Department of Development Services CMO: A. C. Gonzalez, MAPSCO: SUBJECT 45P Authorize the deposit of a Special Commissioners Award in City of Dallas v. Dallas Main L.P., et al, Cause No. CC D, pending in the County Court at Law No. 4, for acquisition from Dallas Main, L.P. of two tracts of land containing a total of approximately 55,540 square feet of land located near the intersection of Commerce and Griffin Streets for the Belo Gardens Park Project - $5,276,304 - Financing: 2006 Bond Funds BACKGROUND This item authorizes deposit of a Special Commissioners Award for the acquisition of two tracts of land containing a total of approximately 55,540 square feet. The tracts are improved with surface parking. The original offer of $3,705,000 was based on independent appraisals. The offer was not accepted by the owner and an eminent domain case was filed to acquire the land. The Special Commissioners awarded $5,276,304. The City has no control over Special Commissioners appointed by county court at law judges or any award that is subsequently rendered by Special Commissioners. The City, in order to acquire possession and proceed with its improvements, must deposit the Commissioners Award in the Registry of the Court. PRIOR ACTION / REVIEW (COUNCIL, BOARDS, COMMISSIONS) Authorized acquisition on October 8, 2008, by Resolution No FISCAL INFORMATION 2006 Bond Funds - $5,276,304

44 OWNER Dallas Main, L.P. Main Center, Inc., General Partner Shephert D. Johnston, President MAPS Attached Agenda Date 08/26/ page 2

45 MAPSC045P 0.13 Ml 0.25 Ml i SCale1.' 168 i

46 J ~ Tract (1.002 acre)

47 J ~ Tract (11/901 Sq Ft)

48

49 COUNCIL CHAMBER August 26, 2009 A RESOLUTION AUTHORIZING THE DEPOSIT OF A SPECIAL COMMISSIONERS AWARD AND SETTLEMENT OF THE CONDEMNATION SUIT FOR THE AWARD. IN THIS RESOLUTION THE FOLLOWING DEFINITIONS SHALL APPLY: CONDEMNATION SUIT: Cause No. CC D, in County Court at Law No. 4, and styled City of Dallas v Dallas Main L.P., et al, filed pursuant to City Council Resolution No PROPERTY: Approximately 55,540 square feet of land situated in City Blocks 62 and 62 1/2 in the City of Dallas, Dallas County, Texas, as described in said condemnation suit. PROJECT: Belo Gardens Park project OFFICIAL OFFER: $3,705, AWARD: $5,276, DESIGNATED FUNDS: $5,276,304 from Park and Recreation Facilities Improvement Funds: $4,035, Fund No. 7T00, Department PKR, Unit T025, Activity DWTN Program No. PKBELO Object 4210, Encumbrance No. PKR ; $1,241, Fund No. 8T00, Department PKR, Unit T025, Activity DWTN, Program No. PKBELO Object 4210, Encumbrance No. PKR WHEREAS, the OFFICIAL OFFER having been made and refused, the City Attorney instituted a CONDEMNATION SUIT for the acquisition of the PROPERTY for the Project; and WHEREAS, the Special Commissioners in Condemnation appointed by the Court in the CONDEMNATION SUIT made an AWARD which the City Council wishes to deposit with the County Clerk of Dallas County, Texas, so that the City may take possession of the PROPERTY; and WHEREAS, the City Council desires to authorize the City Attorney to settle the CONDEMNATION SUIT for an amount not to exceed the Special Commissioners AWARD; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the City Controller is hereby authorized and directed to issue a check, paid out of and charged to the DESIGNATED FUNDS, in the amount of the AWARD payable to the County Clerk of Dallas County, Texas, to be deposited by the City Attorney with said County Clerk.

50 COUNCIL CHAMBER August 26, 2009 SECTION 2. That the City Attorney is authorized to settle said CONDEMNATION SUIT for an amount not to exceed the Special Commissioners' AWARD, SECTION 3. That this Resolution shall take effect immediately from and after its passage in accordance wit~ the provisions of the Charter of the City of Dallas, and it is accordingly so resolved. APPROVED AS TO FORM: THOMAS P. PERKINS, Jr. City Attorn

51 KEY FOCUS AREA: Economic Vibrancy ADDENDUM ITEM # 8 AGENDA DATE: August 26, 2009 COUNCIL DISTRICT(S): 12 DEPARTMENT: Department of Development Services Water Utilities CMO: A. C. Gonzalez, Ryan S. Evans, MAPSCO: SUBJECT 655Z A resolution authorizing the dedication of two easements containing a total of approximately 55,195 square feet of City-owned land for the purpose of retention and drainage of stormwater and establishing special conditions controlling the construction, use and maintenance of the retention and drainage area facilities for Gramercy on the Park development located near State Highway 190 also known as President George Bush Turnpike Financing: No cost consideration to the City BACKGROUND This item authorizes the dedication of a retention easement and a drainage easement across City-owned land for use by Gramercy on the Park development containing a total of approximately 55,195 square feet. The purpose of the dedication is for retention and drainage of storm water and establishing special conditions controlling the construction, use and maintenance of the drainage area facilities, located near State Highway 190. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) This item has no prior action. FISCAL INFORMATION No cost consideration to the City. MAPS Attached

52 Mapsco 656 Z O.25Mi Scale 1 : 16332

53 ~ N I j l _ President George Bush Turnpike Haverwood Lane /Areas To Be Dedicate~ ~

54

55 COUNCIL CHAMBER August 26, 2009 WHEREAS, the City of Dallas owns certain tracts and/or parcels of land totaling approximately 12,2931 acres in Collin County, Texas, having been conveyed to the City of Dallas by those three certain instruments recorded at Volume 4924, Page 2752; Volume 2073, Page 821; and Volume 1854, Page 563, Official Real Property Records of Collin County, Texas and WHEREAS, the City of Dallas desires to dedicate to the public from the city-owned land described above, a retention easement containing approximately 45,880 square feet of land, and a drainage easement containing approximately 9,315 square feet of land, being more fully described in Exhibit "A", attached hereto and incorporated herein for all purposes (the Easements); and WHEREAS, the City of Dallas deems it to be necessary, convenient and appropriate and in the public's interest to dedicate the Easements; Now Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the City Manager or her designee is authorized to execute appropriate instruments, approved as to form by the City Attorney, dedicating to the public a retention easement and a drainage easement as to and encumbering the land described in Exhibit "A", SECTION 2. That the Easements shall be held; utilized; and, when and if appropriate, closed, vacated and/or abandoned as determined by the City of Dallas to be in the public interest, and subject to state law, Dallas City Charter and Dallas City Code, as would any dedicated public easement. SECTION 3. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved. APPROVED AS TO FORM: THOMAS P. PERKINS, JR., City Attorney

56 EXHIBIT A #071i4 RETENTION EASEMENT STATE IDGHWAY 190 aka PRESIDENT GEORGE BUSH TURNPIKE BLOCK D/8761 A 45,880 square feet or acres tract or parcel ofland situated in the W.C. Lewis Survey, Abstract No. 534, in Block D/8761 in the City of Dallas, Collin County, Texas, being part of the called acres tract described in the Warranty Deed to City ofdallas recorded in Volume 2073 Page 821 in the CCDR, and being part ofthe called acres tract described in the Warranty Deed to Cityof Dallas recorded in Volume 1854 Page 563 in the CCDR, and being more particularly described as follows: COMMENCING at a found 1/2 inch iron rod with orange plastic cap stamped "C&P Engr" on the south right-of-way line ofstate Highway 190 also known as President George Bush Turnpike, at the northeast comer ofthe called acres tract described in the Correction Special Warranty Deed to Billingsley Gramercy Land, LLC. recorded in Document No in the CCDR, said iron rod also being the northwest comer ofthe called acres tract described in the Special Warranty Deed to City ofdallas recorded in Volume 4924 Page 2752 in the CCDR, said iron rod bears South 89 50'02" West feet from the northwest comerofsaid City ofdallas acres tract; THENCE South 00 23'48" East, feet along the east side ofsaid Billingsley Gramercy Land LLC. tract and the west side ofsaid City ofdallas acres tract to a set 112 inch iron rod with orange plastic cap stamped "C&P Engr"; THENCE North 89 50'02" East, feet along a line 15 feet south ofand parallel to the south line ofstate Highway 190, to a set 1/2 inch iron rod with orange plastic cap stamped "C&P Engr"; THENCE Southeasterly an arc distance of feet along a tangent curve to the right with a radius of feet, a central angle of 39 22'51", and the chord bears South 70 28'33" East feet, to a set 1/2 inch iron rod with orange plastic cap stamped "C&P Engr"; THENCE South 00 00'00" West, feet to a set 1/2 inch iron rod with orange plastic cap stamped "C&P Engr" for the POINT OF BEGINNING; THENCE North 89 54'29" East, feet to a set 1/2 inch iron rod with orange plastic cap stamped "C&P Engr"; THENCE South 15 55'14" East, feet to a set 1/2 inch iron rod with orange plastic cap stamped "C&P Engr"; THENCE South 08 40'54" West, feet to a set 1/2 inch iron rod with orange plastic cap stamped "C&P Engr"; January 27, 2009 ESMT-RETENTION.doc REVIE~BY ~.~. ZI!'o") I'~f)o Page 1 of 3 r.ii.p t=lif(:;fllft=t=olhlfo. I 'rrv

57 EXHIBIT A #07i14 RETENTION EASEMENT STATE IDGHWAY 190 aka PRESIDENT GEORGE BUSH TURNPIKE BLOCK D/8761 _THENCENQl1:1L2!:>'~o.O~OO~'West, feet.to a set 1/2 inch-iron-rod with orangeplastic cap-- -_..._.. - stamped "C&P Engr"; THENCE North 00 00'00 11 East, feet to the POINT OF BEGINNING and CONTAINING 45,880 square feet or acres ofland, more or less. BASIS OFBEARING is the south right-of-way line ofstate Highway 190 (North 89 50'02" East) as described in the warranty deed to Crow-Billingsley Midway South A, Ltd. et a/ recorded in Document No in Volume 5363 Page 4247 in the CeDRo January 27, 2009 ESMT-RETENTJON. doc Page 2 of3 C&P FNr:;INFFRINr-. I Tn

58 SfR, 2EiAQ&J!...,.!!!C:t::L..-.' _ FND "x" CONTROLLING MONUMENT POINT OF COMMENCING FIR CONTROLLING M01MENT RElENTION EASEMENT STATE HIGHWAY 190 aka PRESIDENT GEORGE BUSH TURNPIKE. BLOCK 0/8761 STATE HIGHWAY 190 VARIABLE wmrn R.O.W. DOC. # VOL 3941 PC EXHIBIT A SOO'23'4S"E 15.00' SfR ' N89"50'02"E ' li=39'22'51 " R=192.50' l=132.3" Ch=129.72' Cb=S70'28'33"E SOO'OO'OO"W~~iRfR:--...!,; ~._~-!:-~.T ' dl POINT OF~ ~ BEGINNING OW LINe "U ~'\)." _, -s: ~o "... ~o, ~fvq;.rj''» 't u ' -I. c.'$ro;~'\~ ~~rff 1> ~G...sr Or; V..., Ci s,;.!..:v~'br:fj c,&9: _, CJ'I'r:fJ<:i :'1~'}.. 0' ~ 'J, '/'v 0"0 n ṛ :p <:t~'# QG\:r.k ' '].. CJ k~ ~"b.j.d-" r"o BLOCK 0/8761 ~v&'?: :,y, o'f 'Oil,; ~c,. d q,c..~... ()<:-~":i,,;f ",,0'fi:...'t> ~&',,0 w.. It RETENTION EASEMENT 45 t880 SQ. FT. or 1~0532 AC. m8 o. 0 NP NO oz t N90-o0 too ~ '.. t:... "1:/- C'I..IQ r-; 0 _~~ ~ :-r- ~'? S" o '\)' ":) \"... Q),;,.,... '0":> c- '" cj o?,~~ ~.J.. <,- o ~lo< I:>,'0 'Si-e - '.,p FIR LEG.ElliL FIR '" FOUND 1/2" IRON ROD WITH ORANGE PLASnC CAP STAMPED C&PENGR" SIR E SET 1/2" IRON ROO WITH ORANGE PLASllC CAP STAMPED "C&PENGR" BASIS OF BEARING ;9 the south right-of-way line of State Highway 190 (North 89"50'02" East) as described in the warranty deed to Crow-Billingsley MIdway South A, Ltd. et 01 recorded In Document No in Volume 5363 Paae In the CCDR -t7 BV IUD PAGE -3 OF.3 t:... =:::h_..,~ C&P ENGINEERThTG, LJ'])., "-~:;' 18011"- BL~ Q72 "~ >')onn'l #,.)' t-.. U1lte'lVlty 1VQ. (),..,...O\.lV I' '.; Richmlsoo, Texas W1VW.C.pengineeri!1g.CI)f)) I...-:0...,;"",~ Suite 101 Fll'; 9726<:4.2G t-i-----t-i--- _ I I I I 1" = 100' Scale: 1"=100' I Date: 01/27/09 I Job No.: I DWQ. File: DE2 I!"-,"";'

59 EXHIBIT A # ' DRAINAGE EASEMENT STATE IDGHWAY 190 aka PRESIDENT GEORGE BUSH TURNPIKE BLOCK D/8761 A 9,315 square feerot 0:2138 acres tracforpafcel'oftafid situated inthe w.e LeWisSUiVey,'AbstractNo. 534, in Block D/8761 in the City of Dallas, Collin County, Texas, being part of the called acres tract described in the Special Warranty Deed to City ofdallas recorded in Volume 4924 Page 2752 in the Collin County Deed Records (CCDR), and being part ofthe called acres tract described in the Warranty Deed to City ofdallas recorded in Volume 2073 Page 821 in the CCDR, and being more particularly described as follows: BEGINNING at a found 1/2 inch iron rod with orange plastic cap stamped "C&P Engr" on the south rightof-way line ofstate Highway 190 also known as President George BushTurnpike, at the northeast corner of the called acres tract described in the Correction Special Warranty Deed to Billingsley Gramercy Land, LLC. recorded in Document No in the CCDR, said iron rod also being the northwest corner ofsaid City ofdallas acres tract; THENCE North 89 50'02" East along the south line ofstate Highway 190 at feet passing the northeast corner ofsaid City ofdajlas acres tract and the northwest corner ofsaid City ofdajlas acres tract, and continuing for a TOTAL DISTANCE of feet to a set 112 inch iron rod with orange plastic cap stamped "C&P Engr"; THENCE SoutheasterJy an arc distance of feet along a tangent curve to the right with a radius of feet. a central angle of49 30'41", and the chord bears South 65 24'38" East feet. to a set 1/2 inch iron rod with orange plastic cap stamped "C&P Engr"; THENCE South 89 54'29" West, feet to a set 1/2 inch iron rod with orange plastic cap stamped "C&P Engr"; THENCE North 00 00'00" East, feet to a set 1/2 inch iron rod with orange plastic cap stamped "C&P Engr"; THENCE Northwesterly an arc distance of I feet along a non-tangent curve to the left with a radius of feet. a central angle of39 22'51 ", and the chord bears North 70 28'33" West] feet, to a set 112 inch iron rod with orange plastic cap stamped "C&P Engr"; THENCE South 89 50'02" West, feet (tangent to previous curve) along a line 15 feet south ofand parallel to the south line ofstate Highway 190 to a set 1/2 inch iron rod with orange plastic cap stamped "C&P Engr"; THENCE North 00 23'48" West, feet along the east side ofsaid Billingsley Gramercy Land, LLC tract to the POINT OF BEGINNfNG and CONTAINING 9,315 square feet or acres of land, more or less. REVIEWED BY ~~ ;$/'f- January 27, 2009 f=c::iij1t C'TDflA!"'IDA /11/ -4 Page 1 of 2

60 ~G:> c-&'( ~~"(o,pcj" 4. &- Q.c,~. > l' 0"'«)'" ~','0 ~e,b.;..c'" cp REVIEWED BY PJ~ 2??Jv:J /5/1- PAGE 2 OF 2 FND "x" :ONTROLLING MONUMENT POINT OF BEGINNING FIR CONTROLLING M;MENT 15' DRAINAGE EASEMENT STATE HIGHWAY 190 aka PRESIDENT GEORGE BUSH TURNPIKE STATE HIGHWAY 190 VARIABLE WIDTH RO.W. DOC. # VOL PG N E I BLOCK 0/8761 lf R=207.59' EXHIBIT '.sIR L= Ch= t Cb=S65~4'38'E ROW LINE 15' DRAINA~E EASEMENT 9,315 SQ. FT. or O. 138 AC. A=39~2'51-~ R L=132.31' NOO-oO'OO E Ch=129.72' Cb=N70"28'33 W "v ~.",J,.'vl' ",<:l v ~o, ~4f&.~ ~V' C:J,(-l''!f "",,-'",.4.,,<:9 '\. o:,'v~g\y..b ~Gr--O- if' V v c :-' C:l!:l ~.,.v-\iq'j vv'v _G 'V Cfl~ ~~'). c- CJ' ~ '). t' 0<:- n,cr~ '?(,'000 rj>'in,"" ').. 'V ",<?l'si-i{,g.,j.0",,0 BLOCK D/8761.p c,et 0''' o'f iq'l,; ~c.' &- Q.c,'~ 0<:-(I":. ~"1'o, "J,C~..b.;..&' v~ FIR I.Elli!.Q. FIR = FOUND 1/2" IRON ROO WITH ORANGE PLASTIC CAP STAMPED "C&PENGR" SIR = SET 1/2" IRON ROD WITH ORANGE PLASTIC CAP STAMPED C&:PENGR" BASIS OF BEARING is the sou~h right-at-way line ot Stole Highway 190 (North 89'50'02" East) as described in the warranly deed 10 Crow-Billingsley Midway Soulh A, Ltd, et 01 recorded in Document No in Volume 5363 Pooe 4247 in the teor C&P ENGINEERING. LID Gmway Blvd Suite 101 Fax Richudson, TallS ' I I I Scale: 1"=100' Date: 01/27/09 I I I! I," = 100' Job No.: Dwa. File: E2

61 KEY FOCUS AREA: Economic Vibrancy ADDENDUM ITEM # 9 AGENDA DATE: August 26, 2009 COUNCIL DISTRICT(S): 2 DEPARTMENT: Department of Development Services CMO: A. C. Gonzalez, MAPSCO: SUBJECT 45M An ordinance abandoning portions of Worth and Walton (formerly Oak) Streets near the intersection of Worth and Hall Streets to Dallas Area Rapid Transit, the abutting owner, containing approximately 9,045 square feet of land, and authorizing the quitclaim Revenue: $199,750 plus the $20 ordinance publication fee BACKGROUND This item authorizes the abandonment of portions of Worth and Walton Streets to Dallas Area Rapid Transit, the abutting owner. The area will be included with the property of the abutting owner for the Baylor Light Rail Station. The abandonment fee is based on an independent appraisal. Notices were sent to 7 property owners located within 300 feet of the proposed abandonment area. There were no responses received in opposition to this request. This transaction is consistent with the recommendations of the Real Estate Task Force. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) This item has no prior action. FISCAL INFORMATION Revenue: $199,750 plus the $20 ordinance publication fee OWNER Dallas Area Rapid Transit Gary Thomas, President

62 MAPS Attached Agenda Date 08/26/ page 2

63

64

65 ORDINANCE NO. An ordinance providing for the abandonment of portions of Worth Street and Walton Street (formerly Oak Street) located adjacent to City Blocks M/490, O/490 and P/843 in the City of Dallas and County of Dallas, Texas; providing for the quitclaim thereof to Dallas Area Rapid Transit; providing for the terms and conditions of the abandonment and quitclaim made herein; providing for the indemnification of the City of Dallas against damages arising out of the abandonment herein; providing for the consideration to be paid to the City of Dallas; providing for the payment of the publication fee; and providing an effective date for this ordinance. ooo0ooo WHEREAS, the City Council of the City of Dallas, acting pursuant to law and upon the request and petition of Dallas Area Rapid Transit, a Texas regional transportation authority, hereinafter referred to as GRANTEE, deems it advisable to abandon and quitclaim the hereinafter described tract of land to GRANTEE, and is of the opinion that, subject to the terms and conditions herein provided, said portions of street rights-of-way are not needed for public use, and same should be abandoned and quitclaimed to GRANTEE, as hereinafter stated; and WHEREAS, the City Council of the City of Dallas is of the opinion that the best interest and welfare of the public will be served by abandoning and quitclaiming the same to GRANTEE for the consideration and subject to the terms and conditions hereinafter more fully set forth; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the tracts of land described in Exhibit A, which is attached hereto and made a part hereof, be and the same is abandoned, vacated and closed insofar as the right, title and interest of the public are concerned; subject, however, to the conditions hereinafter more fully set out. SECTION 2. That for and in monetary consideration of the sum of ONE HUNDRED NINETY-NINE THOUSAND SEVEN HUNDRED FIFTY AND NO/100 ($199,750.00) DOLLARS paid by GRANTEE, and the further consideration described in Sections 8 and 9, the City of Dallas does by these presents FOREVER QUITCLAIM unto the AB/

66 said GRANTEE, subject to the conditions, reservations, and exceptions hereinafter made and with the restrictions and upon the covenants below stated, all of its right, title and interest in and to that certain tracts or parcels of land hereinabove described in Exhibit A. TO HAVE AND TO HOLD all of such right, title and interest in and to the property and premises, subject aforesaid, together with all and singular the rights, privileges, hereditaments and appurtenances thereto in any manner belonging unto the said GRANTEE forever. SECTION 3. That upon payment of the monetary consideration set forth in Section 2, GRANTEE accepts the terms, provisions, and conditions of this ordinance. SECTION 4. That the City Controller is authorized to deposit the sum paid by GRANTEE pursuant to Section 2 above in the General Fund 0001, Department DEV, Balance Sheet 0519 and Department of Development Services - Real Estate Division shall be reimbursed for the cost of obtaining the legal description, appraisal and other administrative costs incurred. The reimbursement proceeds shall be deposited in General Fund 0001, Department DEV, Unit 1183, Object 5011 and any remaining proceeds shall be transferred to the General Capital Reserve Fund 0625, Department BMS, Unit 8888, Revenue Source SECTION 5. That the abandonment and quitclaim provided for herein are made subject to all present zoning and deed restrictions, if the latter exist, and are subject to all existing easement rights of others, if any, whether apparent or non-apparent, aerial, surface, underground or otherwise, and are further subject to the conditions contained in Exhibit B, which is attached hereto and for all intents and purposes made a part hereof. SECTION 6. That the terms and conditions contained in this ordinance shall be binding upon GRANTEE, its successors and assigns, to the extent allowable under Texas law. SECTION 7. That the abandonment and quitclaim provided for herein shall extend only to the public right, title, easement and interest, and shall be construed to extend only to that interest the Governing Body of the City of Dallas may legally and lawfully abandon and vacate. AB/

67 SECTION 8. That as a condition of this abandonment and as a part of the consideration for the quitclaim to GRANTEE herein, GRANTEE, its successors and assigns, to the extent allowable under Texas law, agree to indemnify, defend, release and hold the City of Dallas whole and harmless against any and all claims for damages, fines, penalties, costs or expenses to persons or property that may arise out of, or be occasioned by or from: (i) the use and occupancy of the property described in Exhibit A by GRANTEE, its successors and assigns, to the extent allowable under Texas law; (ii) the presence, generation, spillage, discharge, release, treatment or disposition of any Hazardous Substance on or affecting the area set out in Exhibit A; (iii) all corrective actions concerning any discovered Hazardous Substances on or affecting the area described in Exhibit A, which GRANTEE, its successors and assigns, to the extent allowable under Texas law, agree to undertake and complete in accordance with applicable federal, state and local laws and regulations; and (iv) the abandonment, closing, vacation and quitclaim by the City of Dallas of the area set out in Exhibit A. GRANTEE, its successors and assigns, to the extent allowable under Texas law, hereby agree to defend any and all suits, claims, or causes of action brought against the City of Dallas on account of same, and discharge any judgment or judgments that may be rendered against the City of Dallas in connection therewith. For purposes hereof, "Hazardous Substance" means the following: (a) any hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. Section 9601 et seq., as amended; (b) any hazardous substance under the Texas Hazardous Substances Spill Prevention and Control Act, TEX. WATER CODE, Section et seq., as amended; (c) petroleum or petroleum-based products (or any derivative or hazardous constituents thereof or additives thereto), including without limitation, fuel and lubricating oils; (d) any hazardous chemicals or toxic chemicals under the Occupational Safety and Health Act, 29 U.S.C. Section 651 et seq., as amended; (e) any hazardous waste under the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq., as amended; and (f) any chemical substance under the Toxic Substance Control Act, 15 U.S.C. Section 2601 et seq., as amended. AB/

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83 KEY FOCUS AREA: ADDENDUM ITEM # 10 Better Cultural, Arts and Recreational Amenities AGENDA DATE: August 26, 2009 COUNCIL DISTRICT(S): 7 DEPARTMENT: Park & Recreation CMO: Paul D. Dyer, MAPSCO: 46-Q SUBJECT Authorize a construction contract for interior renovations and additions to the existing Aquarium, including replacement of the life support systems, renovation of the public areas with new aquatic exhibits, and a new addition for the shark and sting ray tanks at Fair Park located at 1462 First Avenue - Phoenix I Restoration and Construction, Ltd., best value proposer of five - $7,901,000 - Financing: 2003 Bond Funds ($371,935) and 2006 Bond Funds ($7,529,065) BACKGROUND The Aquarium at Fair Park closed in January 2009 in preparation for the renovation and the current year operating budget was reduced from the FY budget. When the Aquarium reopens in the Summer of 2010 as a "Childrens Aquarium" it will be an integral component of Summer Place Park at Fair Park, the amusement zone operated by the State Fair of Texas. It is anticipated that the Aquarium will operate at full cost recovery when it reopens in FY The Park and Recreation Department will retain the revenues and will bear the cost of operating the facility. This action will award a contract for interior renovations and additions to the existing Aquarium, including replacement of the life support systems, renovation of the public areas with new aquatic exhibits, and a new addition for the shark and sting ray tanks at Fair Park to Phoenix I Restoration and Construction, Ltd., best value proposer of five, in an amount not to exceed $7,901,000. On February 5, 2009, five proposals were received and it was determined that Phoenix I Restoration and Construction, Ltd., was the best value proposer. Proposals based on RFCSP are evaluated on pre-set criteria which includes cost, qualifications of the prime contractor, construction amount, and schedule ratings, which are based on mathematical formulas, with the best price and best schedule being given the highest scores. Ratings "1" to "10" are given for each criteria with "10" being the best rating. These ratings are multiplied by the weighting to obtain the score for each criteria.

84 BACKGROUND (Continued) The following is a list of the rating criteria and values for each criteria: Rating Criteria Value 1. Proposed Construction Contract Award 45% 2. Qualifications/Experiences/References for Prime Firm 20% 3. Subcontractor Experience 10% 4. Business Inclusion and Development Plan 15% 5. Financial Sufficiency 5% 6. Schedule/Time of Completion 5% Total 100% ESTIMATED SCHEDULE OF PROJECT Began Design May 2008 Completed Design December 2008 Begin Construction September 2009 Complete Construction September 2010 PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Park and Recreation Board authorized the advertisement for a Request for Competitive Sealed Proposals on December 4, The Park and Recreation Board authorized award of the contract on May 7, FISCAL INFORMATION 2003 Bond Funds - $371, Bond Funds - $7,529, M/WBE INFORMATION See attached. ETHNIC COMPOSITION Phoenix I Restoration and Construction, Ltd. White Male 15 White Female 2 Black Male 1 Black Female 0 Hispanic Male 48 Hispanic Female 1 Other Male 0 Other Female 0 Agenda Date 08/26/ page 2

85 PROPOSAL INFORMATION The following five proposals with quotes were received and opened on February 5, 2009: *Denotes successful proposer Alternate Nos. Proposers Base Bid 1 and 3** Total Bid Scores *Phoenix I Restoration and $4,400,000 $3,501,000 $7,901, Construction, Ltd Hargrove Drive, Dallas, TX Turner Construction Company $4,215,000 $3,205,000 $7,420, Gilbert May, Inc. dba Philips/ Non-responsive*** May Corporation Reeder General Contractors, Inc. Non-responsive*** Mitchell Enterprises, Ltd. Non-responsive*** **Alternate No. 1 - provides for center gallery exhibit modules with tanks. **Alternate No. 3 - provides for shark and sting ray tanks addition. ***Gilbert May, Inc. dba Philips/May Corporation was deemed non-responsive because they did not submit the information on the subcontractors experience by the due date for this project. ***Reeder General Contractors, Inc. was deemed non-responsive because they did not submit the information on the subcontractors experience by the due date for this project. ***Mitchell Enterprises, Ltd. was deemed non-responsive because they did not submit the information on the subcontractors experience by the due date for this project. Note: After value engineering, the final offer from Phoenix I Restoration and Construction, Ltd. for Base Price and Alternate Nos. 1 and 3 was $7,901,000. OWNER Phoenix I Restoration and Construction, Ltd. Dale C. Sellers, President MAP Attached Agenda Date 08/26/ page 3

86 BUSINESS INCLUSION AND DEVELOPMENT PLAN SUMMARY PROJECT: Authorize a construction contract for interior renovations and additions to the existing Aquarium, including replacement of the life support systems, renovation of the public areas with new aquatic exhibits, and a new addition for the shark and sting ray tanks at Fair Park located at 1462 First Avenue - Phoenix I Restoration and Construction, Ltd., best value proposer of five - $7,901,000 - Financing: 2003 Bond Funds ($371,935) and 2006 Bond Funds ($7,529,065) Phoenix I Restoration and Construction, Ltd. is a local, non-minority firm, has signed the "Business Inclusion & Development" documentation, and proposes to use the following sub-contractors. PROJECT CATEGORY: Construction LOCAL/NON-LOCAL CONTRACT SUMMARY Amount Percent Total local contracts $6,772, % Total non-local contracts $1,128, % TOTAL CONTRACT $7,901, % LOCAL/NON-LOCAL M/WBE PARTICIPATION Local Contractors / Sub-Contractors Local Certification Amount Percent Alman Electric Texas Roof Management Maroney Excavation Universal Fence Company HMDB38177Y0809 WFWB41307N0610 WFDB38810Y1009 WFWB41559N0610 $2,144, $137, $65, $21, % 2.03% 0.96% 0.32% Total Minority - Local $2,367, % Non-Local Contractors / Sub-Contractors None

87 TOTAL M/WBE CONTRACT PARTICIPATION Local Percent Local & Non-Local Percent African American $ % $ % Hispanic American $2,144, % $2,144, % Asian American $ % $ % Native American $ % $ % WBE $223, % $223, % Total $2,367, % $2,367, %

88 Dallas Aquarium - Fair Park Council District First Avenue Mapsco # 46-q

89 COUNCIL CHAMBER August 26, 2009 WHEREAS, on February 5, 2009, five proposals were received for interior renovations and additions to the existing Aquarium, including replacement of the life support systems, renovation of the public areas with new aquatic exhibits, and a new addition for the shark and sting ray tanks at Fair Park located at 1462 First Avenue. Alternate Nos. Proposers Base Bid 1 and 3** Total Bid Scores Phoenix I Restoration and $4,400,000 $3,501,000 $7,901, Turner Construction Company $4,215,000 $3,205,000 $7,420, Gilbert May, Inc. dba Philips/ Non-responsive*** May Corporation Reeder General Contractors, Inc. Non-responsive*** Mitchell Enterprises, Ltd. Non-responsive*** **Alternate No. 1 - provides for center gallery exhibit modules with tanks. **Alternate No. 3 - provides for shark and sting ray tanks addition. ***Gilbert May, Inc. dba Philips/May Corporation was deemed non-responsive because they did not submit the information on the subcontractors experience by the due date for this project. ***Reeder General Contractors, Inc. was deemed non-responsive because they did not submit the information on the subcontractors experience by the due date for this project. ***Mitchell Enterprises, Ltd. was deemed non-responsive because they did not submit the information on the subcontractors experience by the due date for this project. Note: After value engineering, the final offer from Phoenix I Restoration and Construction, Ltd. for Base Price and Alternate Nos. 1 and 3 was $7,901,000. WHEREAS, it has been determined that acceptance of the final and best offer from Phoenix I Restoration and Construction, Ltd., in an amount not to exceed $7,901,000 is the best value for the City of Dallas. Now, Therefore, BE IT RESOLVED BY THE PARK AND RECREATION BOARD AND THE CITY COUNCIL OF THE CITY OF DALLAS:

90 COUNCIL CHAMBER August 26, 2009 SECTION 1. That the City Manager is hereby authorized to enter into a contract with Phoenix I Restoration and Construction, Ltd. for interior renovations and additions to the existing Aquarium, including replacement of the life support systems, renovation of the public areas with new aquatic exhibits, and a new addition for the shark and sting ray tanks at Fair Park, best value for the City of Dallas. SECTION 2. That the President of the Park and Recreation Board and the City Manager be authorized to execute a contract with Phoenix I Restoration and Construction, Ltd., after approval as to form by the City Attorney's Office. SECTION 3. That the City Controller be and is hereby authorized to pay the amount of $7,901,000 to Phoenix I Restoration and Construction, Ltd., as follows: (2006) Park and Recreation Facilities Improvement Fund 7T00, Department PKR, Unit K006, Object 4310, Activity FPRK, Program PK03K006, CT-PKR , Commodity 91200, Vendor VC $7,529, (2003) Neighborhood Park and Recreation Facilities Fund 3R00, Department PKR, Unit K006, Object 4310, Activity FPRK, Program PK03K006, CT-PKR , Commodity 91200, Vendor VC $369, (2003) Neighborhood Park and Recreation Facilities Fund 5R00, Department PKR, Unit K006, Object 4310, Activity FPRK, Program PK03K006, CT-PKR , Commodity 91200, Vendor VC $2, Total amount not to exceed $7,901, SECTION 4. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.

91 KEY FOCUS AREA: ADDENDUM ITEM # 11 Better Cultural, Arts and Recreational Amenities AGENDA DATE: August 26, 2009 COUNCIL DISTRICT(S): 7 DEPARTMENT: Park & Recreation CMO: Paul D. Dyer, MAPSCO: 47-N SUBJECT Authorize a service contract with Ford Audio-Video Systems, Inc., through the Texas Multiple Award Schedule for the purchase and installation of the audio, video and control system to Juanita J. Craft Recreation Center located at 4500 Spring Avenue - Not to exceed $169,578 - Financing: 2006 Bond Funds BACKGROUND This action awards a service contract to Ford Audio-Video Systems, Inc. in the amount of $169, for the purchase and installation of the audio, video and control system to be installed at the aerobics room; cooking classroom; video conference room; game room; weight room; waiting room; and classrooms 1 and 2 for the renovation and addition to Juanita J. Craft Recreation Center. The Texas Procurement and Support Services (TPASS) has established, as an alternative purchasing method, the use of Texas Multiple Award Schedule (TXMAS) contracts that have been developed from contracts that have been competitively awarded by the federal government or any other governmental entity of any state. As the responsible federal entity, the General Services Administration's (GSA) Federal Supply Service awards Federal Supply Schedule contracts by competitive procurement procedures for more than 50 schedules that cover multiple commodities and services. The prices reflected on GSA schedule contracts are the most favored customer (MFC) prices and the maximum price allowable. TXMAS contracts take advantage of the MFC pricing and under certain circumstances, an agency or local government entity, may negotiate a lower price for the goods or services offered on a schedule contract. A "best value" purchase can be made by following the TXMAS purchasing procedures.

92 BACKGROUND (Continued) This service contract is authorized by Chapter 791 of the Texas Government Code and Subchapter F, Chapter 271, Texas Local Government Code, Section of the Texas Local Government Code which authorizes a local government to participate in a Cooperative Purchasing Program with another local government or a local cooperative organization. ESTIMATED SCHEDULE OF PROJECT Begin installation of equipment February 2010 Complete installation of equipment April 2010 PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Park and Recreation Board authorized award of the service contract on August 20, FISCAL INFORMATION 2006 Bond Funds - $169, ETHNIC COMPOSITION Ford Audio-Video Systems, Inc. White Male 194 White Female 33 Black Male 11 Black Female 3 Hispanic Male 10 Hispanic Female 2 Other Male 9 Other Female 1 OWNERS Ford Audio-Video Systems, Inc. James A. Ford, President Bryan Burdick, Vice President Claire M. Ford, Secretary/Treasurer MAP Attached Agenda Date 08/26/ page 2

93 Juanita J. Craft Recreation Center Council District Spring Avenue Mapsco # 47-N

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95 COUNCIL CHAMBER August 26, 2009 WHEREAS, it is necessary to award a service contract with Ford Audio-Video Systems, Inc. for the purchase and installation of the audio, video and control system to be installed at the aerobics room; cooking classroom; video conference room; game room; weight room; waiting room; and classrooms 1 and 2 for the renovation and addition at Juanita J. Craft Recreation Center located at 4500 Spring Avenue, in an amount not to exceed $169, Now, Therefore, BE IT RESOLVED BY THE PARK AND RECREATION BOARD AND THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the City Manager is hereby authorized to execute a service contract with Ford Audio-Video Systems, Inc. through the Texas Multple Award Schedule (TXMAS) contracts for the purchase and installation of the audio, video and control system to be installed at the aerobics room; cooking classroom; video conference room; game room; weight room; waiting room; and classrooms 1 and 2 for the renovation and addition at Juanita J. Craft Recreation Center, in an amount not to exceed $169, SECTION 2. That the President of the Park and Recreation Board and the City Manager be authorized to execute a service contract with Ford Audio-Video Systems, Inc., after approval as to form by the City Attorney's Office. SECTION 3. That the City Controller be and is hereby authorized to pay the amount of $169, to Ford Audio-Video Systems, Inc. from (2006) Park and Recreation Facilities Improvement Fund, Fund 7T00, Department PKR, Unit P384, Object 4770, Activity PPPF, Program PK384, CT-PKR , Commodity 28700, Vendor SECTION 4. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.

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97 KEY FOCUS AREA: Education Enhancements ADDENDUM ITEM # 12 AGENDA DATE: August 26, 2009 COUNCIL DISTRICT(S): 9 DEPARTMENT: Public Works & Transportation Library CMO: Jill A. Jordan, P.E., Forest E. Turner, MAPSCO: SUBJECT 38G Authorize (1) rescinding the contract with Bauhaus Interiors Group, previously approved on May 27, 2009, by Resolution No , for interior furnishings for the Lochwood Branch Library located at Lochwood Boulevard; and (2) an increase in the contract with J.C. Commercial, Inc. for interior furnishings and additional work requested to revise the building entry approach and provide a transition between the existing building and the new construction of the Lochwood Branch Library - Not to exceed $187,235, from $4,075,556 to $4,262,791 - Financing: 2003 Bond Funds BACKGROUND This action rescinds the award to Bauhaus Interiors Group and authorizes Change Order No. 7 to the contract with J.C. Commercial, Inc. to address changes in the work. On May 27, 2009, Council authorized a construction contract with Bauhaus Interiors Group for interior furnishings of the Lochwood Branch Library in the amount of $75, Subsequent to the award, the City requested a payment bond for 100% of the award. Bauhaus Interiors Group is unable to provide the required bonding. The City has advised Bauhaus Interiors Group that the award would be terminated. J.C. Commercial, Inc. will provide the furnishings instead for the same cost. This Council action will authorize this change in providing the furnishings for this library. This action will also address a number of modifications to the construction contract. The project has presented many challenges with the integration of an existing gymnasium building (5,400 sf) and new construction (14,800 sf). The design called for a seamless spatial transition between these areas. The removal of existing gymnasium masonry loading bearing walls with steel framing resulted in additional field modified steel fabrication. Texas Accessibility Standard review requires changes in dressing rooms and adding tactile paving surfaces at street sidewalk entries and revising building entry approaches.

98 BACKGROUND (Continued) The Library Department requests book carts and a monument sign at the main library entry, additional steel support framing for folding partitions in the Community Room (existing gym building), modified ceiling heights and additional furr downs in the existing gymnasium building to match new construction, additional ceiling access panels for maintenance of HVAC equipment in main library ceiling, modification of floor elevations in the existing gymnasium building to match new finish floor elevations in the main library, and removal of existing 8' high retaining wall and replacement with stepped retaining wall at Lake Garden side. The Lochwood Branch Library is currently under construction, and is 80% complete. The library is scheduled to open to the public in October The library furnishings and millwork will need to be installed no later than September 2009 to complement the October 2009 opening date. Furnishings include stack chairs and dolly, seating, tables, office systems furniture and storage units. The Lochwood Branch Library is a replacement facility for the Casa View Branch Library. The existing gymnasium building of 5,400 square feet (formerly part of a YMCA building) will be remodeled for a black box theater, and 14,800 square feet will be added (new) for the main library space. The Lochwood Branch Library furniture and associated millwork will complete the interior furnishings to complement the October 2009 occupancy of the facility. In the 2003 Bond Program, the citizens of Dallas approved funding for the design and construction of the Lochwood Branch Library. Bonds were sold in November 2004, in the amount of $513,000 and in November 2005, in the amount of $6,487,874, for a total of $7,000,874. ESTIMATED SCHEDULE OF PROJECT Began Construction July 2008 Complete Construction October 2009 PRIOR ACTION / REVIEW (COUNCIL, BOARDS, COMMISSIONS) Approved Library Master Plan on April 11, 2001, by Resolution No Authorized a professional services agreement with Meyer Scherer & Rockcastle, Ltd. for design and construction documents for the Lochwood Branch Library on May 25, 2005, by Resolution No Authorized a construction contract with J.C. Commercial, Inc. for the construction of the Lochwood Branch Library on April 9, 2008, by Resolution No Agenda Date 08/26/ page 2

99 PRIOR ACTION / REVIEW (COUNCIL, BOARDS, COMMISSIONS) (Continued) Authorized a contract with nine firms for interior furnishings and an increase (Change Order No. 5) to the contract with J.C. Commercial, Inc. for millwork for the Lochwood Branch Library on May 27, 2009, by Resolution Nos and FISCAL INFORMATION 2003 Bond Funds - $187,235 M/WBE INFORMATION See attached. ETHNIC COMPOSITION J.C. Commercial, Inc. Hispanic Female 1 Hispanic Male 0 African-American Female 0 African-American Male 0 Other Female 0 Other Male 0 White Female 5 White Male 13 OWNER J.C. Commercial, Inc. Larry R. Wagnor, President Michelle Wagnor, Vice President/Secretary MAP Attached. Agenda Date 08/26/ page 3

100 BUSINESS INCLUSION AND DEVELOPMENT PLAN SUMMARY PROJECT: Authorize (1) rescinding the contract with Bauhaus Interiors Group, previously approved on May 27, 2009, by Resolution No , for interior furnishings for the Lochwood Branch Library located at Lochwood Boulevard; and (2) an increase in the contract with J.C. Commercial, Inc. for interior furnishings and additional work requested to revise the building entry approach and provide a transition between the existing building and the new construction of the Lochwood Branch Library - Not to exceed $187,235, from $4,075,556 to $4,262,791 - Financing: 2003 Bond Funds J.C. Commercial, Inc. is a non-local, non-minority firm, has signed the "Business Inclusion & Development" documentation, and proposes to use the following sub-contractors. PROJECT CATEGORY: Construction LOCAL/NON-LOCAL CONTRACT SUMMARY - THIS ACTION ONLY Amount Percent Local contracts $88, % Non-local contracts $99, % TOTAL THIS ACTION $187, % LOCAL/NON-LOCAL M/WBE PARTICIPATION THIS ACTION Local Contractors / Sub-Contractors Local Certification Amount Percent GNS Electrical WFWB38677Y0909 $11, % Total Minority - Local $11, % Non-Local Contractors / Sub-Contractors Non-local Certification Amount Percent Denison Glass NMMB40759N0410 $2, % Total Minority - Non-local $2, % TOTAL M/WBE PARTICIPATION This Action Participation to Date Amount Percent Amount Percent African American $ % $330, % Hispanic American $ % $ % Asian American $ % $ % Native American $2, % $199, % WBE $11, % $466, % Total $13, % $995, %

101 Lochwood Branch Library MAPSCO, Inc, Mapsco 38G OMi ~ Scale 1 : 6 928

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103 COUNCIL CHAMBER August 26, 2009 WHEREAS, the Library Master Plan as developed by the Hillier Group and approved by City Council indicates a need for a replacement library for the existing Casa View facility; and, WHEREAS, in the 2003 Bond Program, the citizens of Dallas approved funding for the design and construction of a replacement library facility to serve the Casa View service area; and, WHEREAS, on August 29, 2006, the Municipal Library Advisory Board, voted unanimously that the branch library that had previously been known by the working title of the Casa View Branch Library Replacement will be officially known as the Lochwood Branch Library; and, WHEREAS, on April 9, 2008, Resolution No authorized a construction contract with J.C. Commercial, Inc. for the construction of the Lochwood Branch Library in the amount of $3,914,277; and, WHEREAS, on October 2, 2008, Administrative Action No authorized Change Order No. 1 to the contract with J.C. Commercial, Inc. in the amount of $12,650, increasing the contract from $3,914,277 to $3,926,927; and, WHEREAS, on March 12, 2009, Administrative Action No authorized Change Order No. 2 to the contract with J.C. Commercial, Inc. in the amount of $23,175, increasing the contract from $3,926,927 to $3,950,102; and, WHEREAS, on March 26, 2009, Administrative Action No authorized Change Order No. 3 to the contract with J.C. Commercial, Inc. in the amount of $13,680, increasing the contract from $3,950,102 to $3,963,782; and, WHEREAS, on April 21, 2009, Administrative Action No authorized Change Order No. 4 to the contract with J.C. Commercial, Inc. in the amount of $19,382, increasing the contract from $3,963,782 to $3,983,164; and, WHEREAS, on May 27, 2009, Resolution No authorized contracts with seven vendors for the purchase and installation of furniture for the Lochwood Branch Library totaling $280,442.84, including Bauhaus Interiors Group for the amount of $75,730.70; and, WHEREAS, on May 27, 2009, Resolution No authorized Change Order No. 5 to the contract with J.C. Commercial, Inc. for the construction of the Lochwood Branch Library in the amount of $71,013, increasing the contract from $3,983,164 to $4,054,177; and,

104 COUNCIL CHAMBER August 26, 2009 WHEREAS, on July 2, 2009, Administrative Action No authorized Change Order No. 6 to the contract with J.C. Commercial, Inc. in the amount of $21,379, increasing the contract from $4,054,177 to $4,075,556; and, WHEREAS, Bauhaus Interiors Group failed to provide the required bonding to perform its contract; and, WHEREAS, it is now necessary to (1) rescind the contract with Bauhaus Interiors Group for the interior furnishings of the Lochwood Branch Library, previously authorized by Resolution No , on May 27, 2009 in the amount of $75,730.70, and (2) authorize Change Order No. 7 to the contract with J.C. Commercial, Inc. to address changes in the work in the amount of $187,235, increasing the contract from $4,075,556 to $4,262,791. Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the City Manager is hereby authorized to rescind the contract with Bauhaus Interiors Group for the interior furnishings of the Lochwood Branch Library, previously authorized by Resolution No , on May 27, 2009 in the amount of $75,730.70, and authorize Change Order No. 7 to the contract with J.C. Commercial, Inc. to address changes in the work in the amount of $187,235, increasing the contract from $4,075,556 to $4,262,791. Section 2. That the City Manager is hereby authorized to execute the increase to the contract with J.C. Commercial, Inc. after it has been approved as to form by the City Attorney. Section 3. That the City Controller is hereby authorized to release the encumbrance as follows: Library Facilities Fund Fund 5R42, Dept. PBW, Unit R661, Act. LIBF Obj. 4710, Program #PB03R661, CT PBW03R661I1 Vendor #VC , in an amount not to exceed ($75,730.70) Section 4. That the City Controller is hereby authorized to disburse funds in accordance with the terms and conditions of the contract from: Library Facilities Fund Fund 5R42, Dept. PBW, Unit R661, Act. LIBF Obj. 4310, Program #PB03R661, CT PBW03R661F1 Vendor #VS , in an amount not to exceed $111,504.23

105 COUNCIL CHAMBER August 26, 2009 Section 5. That the City Controller is hereby authorized to disburse funds in accordance with the terms and conditions of the contract from: Library Facilities Fund Fund 5R42, Dept. PBW, Unit R661, Act. LIBF Obj. 4710, Program #PB03R661, CT PBW03R661F1 Vendor #VS , in an amount not to exceed $ 75, Section 6. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved. Distribution: Public Works and Transportation, Jean Mitchell, OCMC, Room 101 Public Works and Transportation, Robert Durham, OCMC, Room 321 City Attorney Library Office of Financial Services City Controller's Office, Sherrian Parham, 4BN

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107 KEY FOCUS AREA: ADDENDUM ITEM # 13 Better Cultural, Arts and Recreational Amenities AGENDA DATE: August 26, 2009 COUNCIL DISTRICT(S): 7 DEPARTMENT: Park & Recreation CMO: Paul D. Dyer, MAPSCO: 47-N SUBJECT Authorize (1) a contract with CORE Construction Services of Texas, Inc., best value proposer of four, in the amount of $3,260,000, for the renovation and an addition to the Juanita J. Craft Recreation Center located at 4500 Spring Avenue; (2) assignment of the contract with CORE Construction Service of Texas, Inc. to Southern Sector Health Initiative and Baylor Health Care System to manage; (3) the receipt and deposit of funds in the amount of $1,625,000 from Southern Sector Health Initiative/Baylor for the renovation and an addition to the Juanita J. Craft Recreation Center; and (4) an increase in appropriations in the Juanita J. Craft Wellness Fund in the amount of $1,625,000 - Not to exceed $3,260,000 - Financing: 2006 Bond Funds ($1,635,000) and Juanita J. Craft Wellness Funds ($1,625,000) BACKGROUND The operation, programming, and lease agreement with Southern Sector Health Initiative and Baylor Health Care System (SSHI/Baylor) was authorized by Council on January 14, 2009, by Resolution No for the Diabetes Health and Wellness Center Institute at Juanita J. Craft. The agreement outlined a partnership for the development of improvements to Juanita J. Craft Recreation Center and for the operation of a Diabetes Health and Wellness Center Institute at Juanita J. Craft Recreation Center. The agreement stated the City's maximum contribution towards the development costs, except for the clinic's exclusive use areas would be $2,000,000. SSHI/Baylor is responsible for the exclusive clinic use costs and all development costs over $2,000,000.

108 BACKGROUND (Continued) On July 30, 2009, four proposals were received for the construction of the renovation and an addition to the Juanita J. Craft Recreation Center in response to the Request for Competitive Sealed Proposals. One of the four proposals was withdrawn. CORE Construction Services of Texas, Inc. was the best value proposer of four, in the amount of $3,260,000, including the Base Price and Alternate No. 3. Of the $3,260,000 contract award amount; $1,625,000 is attributable to the exclusive clinic use areas and will be funded by SSHI/Baylor and $1,635,000 is attributable to the City's portion of the construction contract award. The City's scope of work includes the following: sitework, including landscaping, irrigation, parking, sidewalks and utilities; renovation of the recreation center, including window replacement; roofing; HVAC improvements; new finishes; and reconfiguration of the plan that includes a multipurpose room, teaching kitchen, classrooms, fitness room, offices, and storage. The SSHI/Baylor scope of work includes a new addition for the clinic's administrative offices and a waiting area; finish-out of existing clinic space for their new clinic; and a new drop-off entry drive. This action includes assignment of the contract with CORE Construction Services of Texas, Inc. to SSHI/Baylor to manage, in accordance with the agreement. This action also includes appropriation of funds received from SSHI/Baylor in the amount of $1,625,000. The following is evaluation criteria and weighting for each criteria for determining the "best value" proposer. Evaluation Weighting 1. Proposed Construction Contract Award 40% 2. Qualifications/Experiences/Reference for Prime Firm 20% 3. Subcontractor Experience 10% 4. Business Inclusion and Development Plan 15% 5. Financial Sufficiency 5% 6. Schedule/Time of Completion 10% 100% ESTIMATED SCHEDULE OF PROJECT Began Design April 2008 Completed Design June 2009 Begin Construction September 2009 Complete Construction April 2010 Agenda Date 08/26/ page 2

109 PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Park and Recreation Board authorized the public hearing to be held on December 10, 2008, to receive comments on the proposed use of the Juanita J. Craft Recreation Center on November 6, City Council authorized the public hearing to be held on December 10, 2008, to receive comments on the proposed use of the Juanita J. Craft Recreation Center on November 10, 2008, by Resolution No The Park and Recreation Board authorized the public hearing to receive comments on the proposed use of the Juanita J. Craft Recreation Center on November 6, City Council authorized the public hearing to receive comments on the proposed use of the Juanita J. Craft Recreation Center on December 10, 2008, by Resolution No The Park and Recreation Board authorized the operation, programming, and lease agreement with Southern Sector Health Initiative and Baylor Health Care System for the Health and Wellness Institute at the Juanita J. Craft Recreation Center on January 8, City Council authorized the operation, programming, and lease agreement with Southern Sector Health Initiative and Baylor Health Care System for the Health and Wellness Institute at the Juanita J. Craft Recreation Center on January 14, 2009, by Resolution No The Park and Recreation Board authorized the approval of the conceptual plan for improvements, renovation, and construction components of the master plan and advertisement for a Request for Competitive Sealed Proposals on June 18, The Park and Recreation Board authorized award of the contract on August 20, FISCAL INFORMATION 2006 Bond Funds - $1,635,000 Juanita J. Craft Wellness Funds - $1,625,000 M/WBE INFORMATION See attached. Agenda Date 08/26/ page 3

110 ETHNIC COMPOSITION CORE Construction Services of Texas, Inc. White Male 25 White Female 8 Black Male 1 Black Female 0 Hispanic Male 49 Hispanic Female 0 Other Male 4 Other Female 1 PROPOSAL INFORMATION The following four proposals with quotes were received and opened on July 30, 2009: *Denotes the successful proposer Proposers Base Bid Alternate No. 3** Total Bid Scores *CORE Construction Services $3,236,000 $24,000 $3,260, of Texas, Inc North County Road Frisco, TX CD Henderson Construction $3,697,000 $30,700 $3,727, Group Gilbert May, Inc. dba Phillips/May $4,980,333 $40,000 $5,020, Corporation Big Sky Construction Company, Inc. Withdrew*** **Alternate No. 3 - provides for the replacement of the existing sewer line. ***Big Sky Construction Company, Inc. withdrew their proposal due to a mathematical error on their bid. OWNERS CORE Construction Services of Texas, Inc. Tim Erickson, President Bryan Vassar, Secretary Steve Roeschley, Treasurer MAP Attached Agenda Date 08/26/ page 4

111 BUSINESS INCLUSION AND DEVELOPMENT PLAN SUMMARY PROJECT: Authorize (1) a contract with CORE Construction Services of Texas, Inc., best value proposer of four, in the amount of $3,260,000, for the renovation and an addition to the Juanita J. Craft Recreation Center located at 4500 Spring Avenue; (2) assignment of the contract with CORE Construction Service of Texas, Inc. to Southern Sector Health Initiative and Baylor Health Care System to manage; (3) the receipt and deposit of funds in the amount of $1,625,000 from Southern Sector Health Initiative/Baylor for the renovation and an addition to the Juanita J. Craft Recreation Center; and (4) an increase in appropriations in the Juanita J. Craft Wellness Fund in the amount of $1,625,000 - Not to exceed $3,260,000 - Financing: 2006 Bond Funds ($1,635,000) and Juanita J. Craft Wellness Funds ($1,625,000) CORE Construction Services of Texas, Inc. is a non-local, non-minority firm, has signed the "Business Inclusion & Development" documentation, and proposes to use the following sub-contractors. PROJECT CATEGORY: Construction LOCAL/NON-LOCAL CONTRACT SUMMARY Amount Percent Total local contracts $1,645, % Total non-local contracts $1,614, % TOTAL CONTRACT $3,260, % LOCAL/NON-LOCAL M/WBE PARTICIPATION Local Contractors / Sub-Contractors Local Certification Amount Percent Innovative Masonry West Side Construction Pipe Connection Belstar Protection All Fair Electric BMDB41156Y0510 HMDB38578Y0909 HMMB41500Y0610 HMMB41988N0810 WFWB39208N1109 $30, $156, $138, $33, $500, % 9.50% 8.43% 2.01% 30.39% Total Minority - Local $858, % Non-Local Contractors / Sub-Contractors None

112 TOTAL M/WBE CONTRACT PARTICIPATION Local Percent Local & Non-Local Percent African American $30, % $30, % Hispanic American $328, % $328, % Asian American $ % $ % Native American $ % $ % WBE $500, % $500, % Total $858, % $858, %

113 Juanita J. Craft Recreation Center Council District Spring Avenue Mapsco # 47-N

114

115 COUNCIL CHAMBER August 26, 2009 WHEREAS, on July 30, 2009, four proposals were received for the renovation and an addition to the Juanita J. Craft Recreation Center located at 4500 Spring Avenue. Proposers Base Bid Alternate No. 3** Total Bid Scores CORE Construction Services $3,236,000 $24,000 $3,260, of Texas, Inc. CD Henderson Construction $3,697,000 $30,700 $3,727, Group Gilbert May, Inc. dba Phillips/May $4,980,333 $40,000 $5,020, Corporation Big Sky Construction Company, Inc. Withdrew*** **Alternate No. 3 - provides for the replacement of the existing sewer line. ***Big Sky Construction Company, Inc. withdrew their proposal due to a mathematical error on their bid. Now, Therefore, BE IT RESOLVED BY THE PARK AND RECREATION BOARD AND THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That a contract be awarded with CORE Construction Services of Texas, Inc. for the renovation and an addition to the Juanita J. Craft Recreation Center, best value for the City of Dallas, in an amount not to exceed $3,260,000. SECTION 2. That the contract with CORE Construction Services of Texas, Inc. be assigned to Southern Sector Health Initiative and Baylor Health Care System (SSHI/Baylor), in accordance with the operation, programming, and lease agreement. SECTION 3. That the City Controller be and is hereby authorized to receive and deposit funds from SSHI/Baylor in an amount not to exceed $1,625,000 in the Juanita J. Craft Wellness Fund in Fund 0577, Department PKR, Unit P384, Revenue Code SECTION 4. That the City Manager be and is hereby authorized to increase appropriations in Fund 0577, Department PKR, Unit P384, Object 4310 in the amount of $1,625,000. SECTION 5. That the City Controller be and is hereby authorized to return any remaining funds in the Juanita J. Craft Wellness Fund 0577 upon the completion of this project to SSHI/Baylor.

116 COUNCIL CHAMBER August 26, 2009 SECTION 6. That the City Controller be and is hereby authorized to pay the amount of $3,260,000 to CORE Construction Services of Texas, Inc., as follows: Juanita J. Craft Wellness Fund, Fund 0577, Department PKR, Unit P384, Object 4310, Activity PPPF, Program PK384, CT-PKR , Commodity Vendor VS $1,625,000 (2006) Park and Recreation Facilities Improvement Fund Fund 7T00, Department PKR, Unit P384, Object 4310 Activity PPPF, Program PK384, CT-PKR Commodity 91200, Vendor VS $1,635,000 Total amount not to exceed $3,260,000 SECTION 7. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.

117 KEY FOCUS AREA: Economic Vibrancy ADDENDUM ITEM # 14 AGENDA DATE: August 26, 2009 COUNCIL DISTRICT(S): 4 DEPARTMENT: Department of Development Services CMO: A. C. Gonzalez, MAPSCO: 55 F B SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting a Planned Development District for Retirement housing, Single family, and certain nonresidential uses on property zoned an MF-2(A) Multifamily District and an MU-1 Mixed Use District on property at the northwest corner of Compton Street and Fran Way Recommendation of Staff and CPC: Approval, subject to a Tract I and Tract II development plan/tract III conceptual plan and conditions Z (RB)

118

119 HONORABLE MAYOR & CITY COUNCIL WEDNESDAY, AUGUST 26, 2009 ACM: A. C. Gonzalez FILE NUMBER: Z (RB) DATE FILED: February 13, 2009 LOCATION: Compton Street and Fran Way, Northwest Corner COUNCIL DISTRICT: 4 MAPSCO: 55F, 55B SIZE OF REQUEST: Approx. 8.6 Acres CENSUS TRACT: 49 APPLICANT: REPRESENTATIVE: OWNERS: REQUEST: SUMMARY: SDC Fiji Senior, LP-Jay Oji and Joseph Agumadu, Partners Trace Strevey SDC Fiji Senior, LP; City of Dallas An application for a Planned Development District for Retirement housing, Single family, and certain nonresidential uses on property zoned an MF-2(A) Multifamily District and an MU-1 Mixed Use District. The applicant proposes to develop the site with retirement housing, single family, and certain nonresidential uses. CPC RECOMMENDATION: STAFF RECOMMENDATION: Approval, subject to a Tract I and Tract II development plan/tract III conceptual plan and conditions. Approval, subject to a Tract I and Tract II development plan/tract III conceptual plan and staff s recommended conditions. 1

120 Z (RB) BACKGROUND INFORMATION: The site s northern half is developed with a vacant industrial building while the southern portion is undeveloped. The applicant proposes to remove all improvements and redevelop the site with a mix of retirement housing, single family attached (townhouse structures) dwelling units, and certain office and retail uses, located in specific tracts as noted on the conceptual plan and in the requested conditions. On June 27, 2007, the City Council authorized a loan to the applicant for the construction of a retirement housing use consisting of 130 dwelling units located within the northern half of the request site. The senior housing project is a component of the proposed Corinth Street Corridor redevelopment effort, which will also include townhouses and duplexes, as well as ground floor retail with upper residential uses along Corinth Street. Zoning History: File No. Request, Disposition, and Date 1. Z An MU-1 Mixed Use District on property zoned an LI Light Industrial District. Approved by the City Council on June 25, Thoroughfare/Street Compton Street Fran Way Designation; Existing & Proposed ROW Local; 40 ROW Local; 40 ROW Comprehensive Plan: The applicant is proposing to create a Planned Development District for a mix of retirement housing, single family (attached), and certain nonresidential uses with consideration of alternative development standards. The site is considered an Urban Neighborhood. These areas are predominantly residential, but are distinguished from other neighborhoods by the wide variety of housing options they provide and easy access to public transit. These neighborhoods 2

121 Z (RB) will have concentrations of shops and offices along key corridors or at key intersections, providing important services and job opportunities within walking distance of residents. The applicant has worked with staff to address a mix of uses and development standards that not only provide for a seamless mixed use development, but are sensitive to the surrounding partially developed area and mirror the vision for future development of those undeveloped parcels. Subject to staff s recommended conditions, the applicant s request complies with the Land Use, Economic, Housing, Urban Design, and Environment Elements, respectively, as outlined in forwarddallas! LAND USE ELEMENT GOAL 1.2 Promote desired development. Policy Use Vision Building Blocks as a general guide for desired development patterns. GOAL 1.3 Provide equitable opportunities for Dallas residents. Policy Create housing opportunities throughout Dallas. ECONOMIC ELEMENT GOAL 2.2: Engage in strategic economic development. HOUSING Policy 2.2.2: Maximize development opportunities around DART stations. GOAL 3.2 Answer the need for housing options. Policy Encourage higher density housing within a quarter-mile of DART stations. URBAN DESIGN ELEMENT GOAL 5.3 Establish walk-to convenience. 3

122 Z (RB) Policy Encourage a balance of land uses within walking distance of each other. ENVIRONMENT ELEMENT GOAL 6.3 Improve energy efficiency and air quality. Policy Limit vehicle miles traveled. Area Plan: The request site is within the boundaries of Subarea 3 (The Heights) of the Tenth Street Land Use Study, approved by City Council on August 26, The focus of the study revolved around two areas: 1) review of land use, zoning, housing and other quality of life factors perceived to have impeded growth and development within the Tenth Street community, and 2) development of a housing model to encourage restoration of the Tenth Street Historic District. The study determined that future development/redevelopment be residential in nature. The main emphasis of the applicant's request is the development of two distinct residential areas with a tract of land to be developed with certain community serving nonresidential uses. The request, subject to the attached recommended conditions, complies with the vision of this land use study. Trinity River Corridor Comprehensive Land Use Plan: While just outside of the boundary of the study, the site is adjacent to the Tenth Street Bottoms and Skyline Heights study areas. The vision for the Tenth Street Bottoms area (north of the request area) is focused on revitalization of the adjacent neighborhood, inclusive of low density residential and community serving retail. The area south of 11 th Street in the Skyline Heights study area (east of the request area) is envisioned to be residential in character. Land Use Compatibility: The request site is developed with a vacant industrial building within the northern half; the southern half is undeveloped. The applicant is proposing to develop the site with a mix of residential and nonresidential uses and is requesting a planned development district for consideration of the following: 1) certain uses not permitted by one of the existing zoning classifications; 2) various development standards not permitted by either of the existing zoning classifications; 3) development that does not comply with the residential proximity slope regulations; and, 4) reduced off-street parking requirements for certain uses. 4

123 Z (RB) The site is surrounded by a mix of uses, with the emphasis of existing development being scattered low density residential to the east, south and west. Interspersed through the area are such uses as an institutional (church) and DART s 8 th & Corinth Street Transit Station to the north/northwest, pockets of retail and commercial uses to the east, along the Corinth Street frontage, and an electrical substation to the west, abutting the site s southwest quadrant. Staff generally accepts the proposal for mixed use development, which is consistent with the various redevelopment efforts noted in this document. Staff has worked with the applicant s representative to address compatibility issues as it relates to its proximity to residentially zoned properties. As a result of this analysis, staff supports the applicant s request, subject to the attached plan and conditions. Traffic: The Engineering Section of the Building Inspection Division of the Department of Development Services has reviewed the request and required Traffic Impact Analysis and determined that it will not significantly impact the surrounding roadway system. Parking: The applicant has proposed the development for Tracts I and III to be considered for a reduction in off-street parking. Due to the site s proximity to a DART rail station (8 th and Corinth and Morrell Stations), staff supports such reduction. It should be noted that the recently approved form-based zoning provides for a sliding scale related to off-street parking reductions for development within certain established distances from mass transit alternatives. It should be noted that Tract II (single family) will provide two spaces for each dwelling unit. Landscaping: The site s existing landscape materials predominately consists of large stands of native trees along its perimeter. Staff has worked with the applicant to ensure the proposed development provides for a significant presence of pedestrian amenities and landscape materials along its perimeter as well as addressing internal requirements as the site develops to its capacity across the three tracts. Street Abandonment/Dedication: In conjunction with the request, the applicant has made application for the abandonment and rededication of Figi Street and Danel Street. It is anticipated this item will be considered by the City Council on August 12, CPC ACTION (August 13, 2009) Motion: In considering an application for a Planned Development District for Retirement housing, Single family, and certain non-residential uses on property zoned 5

124 Z (RB) an MF-2(A) Multifamily District and an MU-1 Mixed Use District at the northwest corner of Compton Street and Fran Way, it was moved to hold this case under advisement until August 20, Maker: Davis Second: Lueder Result: Carried: 14 to 0 For: 14 - Prothro, Wally, Anglin, Davis, Rodgers, Lozano, Bagley, Lavallaisaa, Lueder, Buehler, Wolfish, Ekblad, Emmons, Alcantar Against: 0 Absent: 1 - Weiss Vacancy: 0 Notices: Area: 500 Mailed: 131 Replies: For: 6 Against: 1 Speakers: For: Trace Strevey, Address not given Against: None (August 20, 2009) Motion: It was moved to recommend approval of a Planned Development District for Retirement housing, Single family, and certain non-residential uses subject to a Tract I and Tract II development plan/tract III conceptual plan and staff s recommended conditions with the addition of two new subsections 110(f) and 115(d) within sections 110 and 115 on property zoned an MF-2(A) Multifamily District and an MU-1 Mixed Use District at the northwest corner of Compton Street and Fran Way Maker: Davis Second: Lueder Result: Carried: 12 to 0 For: 12 - Prothro, Anglin, Davis, Rodgers, Lozano, Bagley, Lavallaisaa, Lueder, Wolfish, Ekblad, Emmons, Alcantar Against: 0 Absent: 1 Weiss, Wally, Buehler Vacancy: 0 6

125 Z (RB) Notices: Area: 500' Mailed: 131 Replies: For: 6 Against: 1 Speakers: For: Jay Oji, Address not given Against: None 7

126 Z (RB) CPC RECOMMENDED CONDITIONS FOR A PLANNED DEVELOPMENT DISTRICT FOR RETIREMENT HOUSING, SINGLE FAMILY, AND CERTAIN NONRESIDENTIAL USES ARTICLE. PD. SEC. 51P LEGISLATIVE HISTORY. PD was established by Ordinance No., passed by the Dallas City Council on. SEC. 51P PROPERTY LOCATION AND SIZE. PD is established on property located in the northwest corner of Compton Street and Fran Way. The size of PD is approximately acres. SEC. 51P DEFINITIONS AND INTERPRETATIONS. (a) Unless otherwise stated, the definitions and interpretations in Chapter 51A apply to this article. (b) Unless otherwise stated, all references to articles, divisions, or sections in this article are to articles, divisions, or sections in Chapter 51A. (c) Tracts I and II are considered to be residential districts. Tract III is considered to be a nonresidential district. SEC. 51P EXHIBIT. The following exhibit is incorporated into this article: Exhibit A: Tract I and Tract II development plan/tract III conceptual plan. SEC. 51P CONCEPTUAL PLAN. For Tract III, development and use of property must comply with the Tract I and Tract II development plan/tract III conceptual plan (Exhibit A). If there is a conflict between the text of this article and the Tract I and Tract II development plan/tract III conceptual plan, the text of this article controls. 8

127 Z (RB) SEC. 51P DEVELOPMENT PLAN. (a) For Tracts I and Tract II, development and use of the Property must comply with the Tract I and Tract II development plan/tract III conceptual plan (Exhibit A). If there is a conflict between the text of this article and the Tract I and Tract II development plan/tract III conceptual plan, the text of this article controls. (b) For Tract III, a development plan must be approved by the city plan commission before the issuance of any building permit to authorize work in this district. If there is a conflict between the text of this article and the development plan, the text of this article controls. SEC. 51P MAIN USES PERMITTED. The following uses are the only main uses permitted: a. Tract I: -- Local utilities. -- Retirement housing. b. Tract II: -- Handicapped group dwelling unit. [SUP required if spacing component of Section 51A-4.209(3) is not met.] -- Local utilities. -- Single family c. Tract III: Miscellaneous uses. --Temporary construction or sales office. Office uses. --Office. Residential uses. -- Handicapped group dwelling unit. [SUP required if spacing component of Section 51A-4.209(3) is not met.] -- Retirement housing. -- Single family. Retail and personal service uses. --Business school. --Dry cleaning or laundry store. 9

128 Z (RB) --Furniture store. --General merchandise or food store 3,500 square feet or less. --General merchandise or food store greater than 3,500 square feet. --Nursery, garden shop, or plant sales. --Personal service uses. --Restaurant without drive-in or drive-through service. --Swap or buy shop. [SUP] --Temporary retail use. Transportation uses. --Transit passenger shelter. Utility and public service uses. --Local utilities. [SUP or RAR may be required. See Section 51A-4.212(4).] SEC. 51P ACCESSORY USES. (a) As a general rule, an accessory use is permitted in any district in which the main use is permitted. Some specific accessory uses, however, due to their unique nature, are subject to additional regulations in Section 51A For more information regarding accessory uses, consult Section 51A (b) In this district, the following accessory uses are permitted by right: -- Accessory community center (private). -- Accessory game court (private). SEC. 51P YARD, LOT, AND SPACE REGULATIONS. (Note: The yard, lot, and space regulations in this section must be read together with the yard, lot, and space regulations in Division 51A If there is a conflict between this section and Division 51A-4.400, this section controls.) (a) Front yard. (1) Tract I. Minimum front yard is 15 feet. (2) Tract II. (A) For single family and handicapped group dwelling unit uses, minimum front yard is 15 feet. front yard. (B) For an accessory community center (private), no minimum (3) Tract III. Minimum front yard is 15 feet. 10

129 Z (RB) (b) Side and rear yard. (1) Tract I. No minimum side and rear yard. (2) Tract II. Except as noted on the Tract I and Tract II development plan/tract III conceptual plan, no minimum side and rear yard. (3) Tract III. No minimum side and rear yard. (c) Density. (1) Tract I. Maximum number of dwelling units or suites is 130. (2) Tract II. Maximum number of dwelling units is 50. (3) Tract III. No maximum dwelling unit density. (d) Floor area. (1) Tract I. No maximum floor area. (2) Tract II. (A) (B) area is 3,000 square feet. For residential uses, no maximum floor area. For an accessory community center (private), maximum floor (3) Tract III. Maximum floor area is 20,000 square feet. (e) Height. (1) Residential proximity slope. For Tracts I and III, if any portion of a structure is over 26 feet in height, that portion may not be located above a residential proximity slope. Exception: Except for chimneys, structures listed in Section 51A (a)(2) may project through the slope to a height not to exceed the maximum structure height, or 12 feet above the slope, whichever is less. Chimneys may project through the slope to a height 12 feet above the slope and 12 feet above the maximum structure height. (2) Tract I. Unless further restricted under Subparagraph (e)(1), maximum structure height is 50 feet. (3) Tract II. Maximum structure height is 35 feet. (4) Tract III. Unless further restricted under Subparagraph (e)(1), maximum structure height is 50 feet. 11

130 Z (RB) (f) Lot coverage. (1) Tract I. Maximum lot coverage is 25 percent. (2) Tract II. Maximum lot coverage is 65 percent. (3) Tract III. Maximum lot coverage is 80 percent. (4) Aboveground parking structures are included in lot coverage calculations; surface parking lots and underground parking structures are not. (g) Lot size. (1) Tract I. No minimum lot size. (2) Tract II. lot size. (A) (B) Minimum lot area for residential uses is 2,000 square feet. For an accessory community center (private), no minimum (3) Tract III. No minimum lot size. (h) Stories. (1) Tract I. Maximum number of stories above grade is four. (2) Tract II. Maximum number of stories above grade is two. (3) Tract III. Maximum number of stories above grade is four. SEC. 51P OFF-STREET PARKING AND LOADING. (a) Except as provided in this section, consult the use regulations in Division 51A for the specific off-street parking and loading requirements for each use. (b) For an accessory community center (private) and accessory game court (private), no off-street parking is required. (c) For Tract I and Tract III, off-street parking as required by paragraph (a) is reduced by 15 percent. (d) For Tract III, off-street parking is prohibited in the front yard. (e) Screening of off-street parking areas from the street must attain a minimum height of three feet above the parking surface and screening materials must utilize either, or a combination, of the following: 12

131 Z (RB) (1) Earthen berm planted with turf grass or ground cover recommended for local area use by the director of parks and recreation. The berm may not have a slope that exceeds one foot of height for each two feet in width. (2) Evergreen plant materials recommended for local area use by the director of parks and recreation. The plant materials must be located in a bed that is at least three feet wide with a minimum soil depth of 24 inches. Initial plantings must be capable of obtaining a solid appearance within three years. Plant materials must be placed a maximum of 24 inches on-center over the entire length of the bed unless the building official approves an alternative planting density that a landscape authority certifies as being capable of providing a solid appearance within three years. (f) In Tract I, carports must be architecturally compatible with the main structure the carport serves. SEC. 51P ENVIRONMENTAL PERFORMANCE STANDARDS. See Article VI. SEC. 51P LANDSCAPING (a) Except as provided in this section, landscaping must be provided in accordance with Article X. (b) Open Space #1 through Open Space #7, as located on the Tract I and Tract II development plan/tract III conceptual plan, must include a minimum of two of the following: (1) park benches. (2) bicycle racks. (3) a minimum of two additional large canopy trees a minimum of three caliper inches each. (4) trash receptacles. (c) A minimum aggregate of 15,000 square feet of land area must be provided for all of Open Space #1 through Open Space #7. (d) For single family uses in Tract II, a minimum of one large tree must be provided for each lot. (e) Tract I and Tract III Fran Way Street Frontage. (1) Street trees must be provided at a ratio of one large tree for each 30 feet of frontage. Any street tree that is required to be planted within 20 feet of 13

132 Z (RB) an overhead utility line, horizontally, may be a small tree specie as approved by the Building Official. (2) Screening of off-street parking must consist of landscape materials that are a minimum of three feet in height at time of planting and capable of obtaining a solid appearance within three years. (3) A minimum 15 foot perimeter landscape buffer must be provided along the frontage. This buffer may count as a design standard as required by Article X. (4) Automatic irrigation is required for all perimeter landscape buffers. (f) Plant materials must be maintained in a healthy growing condition. SEC. 51P SIGNS. VII. Signs must comply with the provisions for non-business zoning districts in Article SEC. 51P SIDEWALKS. (a) Sidewalks along Compton Street and Fran Way must be provided with an unobstructed sidewalk width of five feet. (b) The Board of Adjustment may not grant a waiver or variance to the sidewalk requirements of this section. SEC. 51P ADDITIONAL PROVISIONS. (a) The Property must be properly maintained in a state of good repair and neat appearance. (b) Development and use of the Property must comply with all federal and state laws and regulations, and with all ordinances, rules, and regulations of the city. (c) Garage doors are prohibited from facing Compton Street or Fran Way. (d) Each exterior facade of a main structure, excluding fenestration, must be at least 50 percent brick, stone, masonry, or glass. Fiber cement siding is prohibited as an exterior facade material. SEC. 51P COMPLIANCE WITH CONDITIONS. 14

133 Z (RB) (a) All paved areas, permanent drives, streets, and drainage structures, if any, must be constructed in accordance with standard city specifications, and completed to the satisfaction of the director of public works and transportation. (b) The building official shall not issue a building permit to authorize work, or a certificate of occupancy to authorize the operation of a use, until there has been full compliance with this article, the Dallas Development Code, the construction codes, and all other ordinances, rules, and regulations of the city. SEC. 51P ZONING MAP. PD is located on Zoning Map No. L-7. 15

134 Z (RB) 16 Proposed Tract I and Tract II Development Plan/Tract III Conceptual Plan

135 Z (RB) 17

136 Z (RB) Undeveloped Church Utility Retail/Commercial Scattered SF 18

137 Z (RB) 1 19

138 Z (RB) CPC RESPONSES 20

139 Z (RB) Page 1 of 5 4/9/2009 Notification List of Property Owners Z Property Owners Notified Label # Address Owner FRAN SDC FIJI SENIOR LP SUITE REUNION DALLAS AREA RAPID TRANSIT MOORE ROMERO ANTONIO S MOORE ALEXANDER JOAN MOORE CORTEZ AURELIA H MOORE WATSON IMA JEAN MOORE INNERCITY DEV INC AVE A DALLAS HOUSING ACQ & DEV CITY HALL 6DN MOORE BOWIE LOUISE B MOORE CANTY SAMUEL F MOORE CHAPEL HILL BAPTIST CHURCH MOORE CHAPEL HILL BAPTIST CHURCH OF DALLAS MOORE ATTAWAY LEONARD & ALICE M MOORE LESTER HELENA LOTUS SOUTHERN DALLAS PROP JV 7 STE MOORE HUNT IRENE R & % ERIK BAKKER LOTUS WALKER GARY LOTUS FRANKLIN DAWN & GUY BRIAN WOODBINE SAMUEL DOROTHY ANN EST OF WOODBINE HATLEY KATHERINE % MARGARET SHORT WOODBINE SMITH MARTHA ANN % CLIFTON C SMITH WOODBINE ODEGBARO CHRISTINE & ODEGBARO ANDREW WOODBINE ODEGBARO CHRISTINE & ODEGBARO ANDREW WOODBINE GIPSON ERMA M WOODBINE CHECKERED ENTERPRISES LP WOODBINE CISNEROS JOSE TAMAYO & CAROLINA Thursday, April 09,

140 Z (RB) Label # Address Owner WOODBINE CISNEROS JOSE T & CAROLINA F AVE A DALLAS HOUSING ACQUISTION & DEV CORP WOODBINE DALLAS HOUSING ACQUISITION & DEV CORP WOODBINE MACIAS SALVADOR C WOODBINE CONNER MRS CARRIE o CAREY BRIGHT EDWIN B WOODBINE HOLLINS ROBERT EST OF %KARL HOOKS WOODBINE BROTHERLY LOVE FAM CH CORINTH ST TEXAS EAST JURISDICTION BISHOP AID ACCOUNT CORINTH ST CHANDLER DONALD & CORINTH ST CHANDLER DONALD & GWENDOLYN MOORE LEYVA ARMANDO & ESMERALDA MOORE JACKSON DEBORAH YOUNG CORINTH ST TEXAS UTILITIES ELEC CO % STATE & LOCAL TAX DEPT MOORE GARCIA ALFONSO COMPTON ST JOSEPH LG 1310 AF&AM MOORE TORRES MANUEL MOORE DALLAS HOUSING ACQUISITION &DEV CORP MOORE WILSON TEMPIE M EST OF % MILDRED WRIGHT x COMPTON BATEMAN LLOYD & COMPTON BROOKS LUCIOUS AVE A DALLAS HOUSING ACQUISITION & DEVELOPMENT DOYLE CHURCH OF THE LIVING GOD DOYLE SCOTT PATRICIA ANN DOYLE COUNTRYWIDE HOME LOANS SERVICING LP DOYLE BETHEL CONSTRUCTION CO INC DOYLE WYATT DOAK L DOYLE DALLAS HOUSING AQ & DEV CORP COMPTON CERDA CYNTHIA PEREZ o COMPTON BARNES CLARA % CYNTHIA M HARRIS COMPTON BELTRAN MONICA & MIGUEL A Thursday, April 09,

141 Z (RB) Label # Address Owner COMPTON POWELL ROSETTA COMPTON SDC SACHSE SENIOR VILLAS LLC DOYLE THOMPSON DINO COMPTON STANTON LUTHER ET AL COMPTON WILSON TEMPIE MAE EST OF % MILDRED WRIGHT COMPTON THOMPSON DINO JR COMPTON KING ALONZO AVE A MILLER GORGE DOYLE THOMPSON MAE E DOYLE WILLIAMS DONALDSON DOYLE WRIGHT BERNICE DOYLE ODOM FRANCES % EVELYN HARRIS DOYLE WILLIAMS BRANDIE S DOYLE GARCIA FAUSTINO RIOS & REBECA FRANCO MARTINEZ FAYETTE BANKS ETTA APT FAYETTE STATON IDA EST OF FAYETTE MCINTOSH JAMES D EST OF % EST WILLIE MAE MCINTOSH DOYLE HILLIARD RALPH DOYLE JENKINS BETTY H ET AL % JAMES KING DOYLE DIRKS LUBERTIA DOYLE FIELDS HARON DOYLE BROOKS ENTERPRISE LLC DOYLE KIMBROUGH AURELIA DOYLE THOMPSON DONOVAN o AVE A LEWIS HAROLD o AVE A MEYER STEVE AVE A DALLAS HOUSING ACQUISTION & DEVELOPMENT AVE A ROBINSON ZHELIA WOOTEN AVE A ROBINSON ZHELIA AVE A CROOMES CECIL EST OF CORINTH ST SDC SACHSE SENIOR VILLAS Thursday, April 09,

142 Z (RB) Label # Address Owner AVE A SMITH JOSEPHINE ESTES AVE A MCINTOSH WILHEMENA AVE A BURTON LOIS CORINTH ST CEDAR CREST CHURCH OF CHRIST CORINTH SDC SACHSE SR VILLAS LLC AVE A D REALTY INVESTMENTS INC CORINTH CHANDLER DONALD S & GWENDOLYN M CHANDLER AVE A GONZALEZ BENJAMIN AVE A JACKSON MARVIN SUITE AVE A WILLIAMS GENE E AVE A RODRIGUEZ ELVIRA CORINTH ST CHANDLER DONALD & GWENDOLYN M FRAN LIBERTY BAPTIST CHURCH CORINTH SDC SACHSE SENIOR VILLAS LLC STE 880 o CORINTH ST BALLAS VICTOR AVE B WILLIAMS N J CORINTH ST BOLDEN CEDRIC AVE A DALLAS HOUSING ACQUISITION & DEV CORP AVE A CANAS JUAN & GLORIA AVE A HIGGS J H & M LILLA % LESKER D HIGGS AVE A MARTINEZ JOSE & PILAR AVE A STEELE RODERIC M AVE A CHEATHAM JAMES M & IDA B AVE B BROWN BOBBY LEE AVE B BROWN BOBBY CORINTH ST HUITT LORRENA F CORINTH ST HUITT LORRENA CORINTH ST ENGLISH WANDA AVE B BROWN BOBBY L CORINTH ST POUNDERS YVONNE CORINTH MCDONALD D D Thursday, April 09,

143 Z (RB) Label # Address Owner TH DELAGARZA DAVID CORINTH ST BLACKMAN JOHN B & BEVERLY A BLACKMAN o CORINTH ST MCDONALD BETTY SUE o TH MCCOMBS PHYLLIS R CLARENDON DALLAS AREA RAPID TRANSIT REAL ESTATE DIVISION MOORE JB III INVESTMENTS INC MOORE COLLINS WILLIAM CORINTH ST CLARK L MARK SUITE B CORINTH ST FIELDS KATHRYN CLARENDON CORINTH-CLARENDON ASSOC I LLC STE TH DALLAS AREA RAPID TRANSIT ND DART Thursday, April 09,

144 Z (RB) Al Romero PO Box Mesquite, TX Bill Dahlstrom 901 Main St.,Ste 6000 Dallas, TX Anthony Jones PO Box 0711 Galveston, TX Cindy Harris 4310 Buena Vista #8 Dallas, TX Betty Wadkins 2843 Modesto Drive Dallas, TX ENZ Clarence F Cope Ferndale Dallas, TX J. Brandon Hancock 2409 Clark St., #407 Dallas, TX Jane Guerrini 7032 Lupton Dallas, TX Jeff Bosse PO Box 4738 Dallas, TX Leanne Witek N Dallas Pkwy #1200 Dallas, TX Marcus Wood 6060 N Central Expy Ste 333 Dallas, TX Pam Conley 901 N Madison Avenue Dallas, TX Rob Baldwin 401 Exposition Dallas, TX Robert P. Garza 412 E. Sixth St. Dallas, TX Sheryl Jean, Newsroom-Business 508 Young St. Dallas, TX Steve Craft P O Box Dallas, TX Am. Metro/Study Corp Marque Nelson Quorum Dr #400 Dallas, TX Criterion Real Estate Services Jason Leeds N. Dallas Parkway, STE. 750 Dallas, TX Steve Kim 4318 Sexton Ln. Dallas, TX Arborilogical Services, Inc. Bill Seaman 16 Steel Rd. Wylie, TX Dallas ISD Orlando Alameda 3700 Ross Ave, Box 61 Dallas, TX Alpha Testing, Inc Virginia Brown 2209 Wisconsin St, Ste 100 Dallas, TX Bluffview Homeowner Pat White 4714 Wildwood Dallas, TX Dallas Planning Asoc Stuart Pully P O Box Dallas, TX

145 Z (RB) McGraw-Hill Construction Nancy Castillo 9155 Sterling Dr. Ste 160 Dallas, TX Jackson Walker Jonathan Vinson 901 Main St. #6000 Dallas, TX Lake Highlands AIA Terri Woods 1516 San Saba Dr. Dallas, TX MetroStudy Corp Rebecca Webb Quorum Dr #400 Dallas, TX N Pk Lovefied Comm Civic League Joyce Lockley 4718 Wateka Dr. Dallas, TX Quick Trip Co. Teri Dorazil Trinity Blvd. #300 Fort Worth, TX United HOA Thelma J. Norman 2628 Blackstone Dr. Dallas, TX BSEAT Allen McGill P O Box Dallas, TX Cedar Crest Village Nathaniel Washington 1577 N Atoll Drive Dallas, TX INCAP Fund Lauren Odell 300 Crescent Court, Ste.1100 Dallas, TX Kiestwood Neighbors Neoma Shafer 2538 W Kiest Blvd Dallas, TX Law Office of R Albright Roger Albright 3301 Elm St Dallas, TX Micheal R Coker Co Michael R Coker 2700 Swiss Ave. #100 Dallas, TX PARC DU LAC Linda Sharp Vendome Place Dallas, TX Robert Reeves & Assoc. Inc. Robert Reeves 900 Jackson St, Suite 160 Dallas, TX W.A.R.N. Tashia Moseley 5353 Maple Ave. Ste. 200 Dallas, TX Cedar Crest NA Burl D Ridge 1935 Cedar Crest Blvd Dallas, TX Eighth Street Enterp Ninette McDonald 521 W 8th Street Dallas, TX Jackson Walker Suzan Kedron 901 Main St. #6000 Dallas, TX Koons Real Estate Law James Schnurr 3400 Carlisle St, #400 Dallas, TX Master Plan J Kimborough 900 Jackson St Dallas, TX Minyards Properties Inc Dennis O'Malley 777 Freeport Pkwy Coppell, TX PWS Architects Inc. Phillip Shepherd 4616 Abbott Ave Dallas, TX Signs Manufacturing William Watson 4610 Mint Way Dallas, TX Elizabeth & Lillie Fain 640 S. Moore St. Dallas, TX Cedar Crest NA Tom Wattley 1620 Kent St Dallas, TX Kimball United Dwain T Haxel P O Box 1404 DeSoto, TX

146 Z (RB) Pleasant Wood/Grove J. Eugene Thomas P O Box Dallas, TX ENZ

147 KEY FOCUS AREA: REVISED AGENDA ITEM # 2 Public Safety Improvements and Crime Reduction AGENDA DATE: August 26, 2009 COUNCIL DISTRICT(S): 14 DEPARTMENT: Aviation CMO: A. C. Gonzalez, MAPSCO: SUBJECT 34E Authorize Supplemental Agreement No. 3 to the lease agreement with the Transportation Security Administration to extend the existing lease term by sixty months for office space at Dallas Love Field for the period October 1, 2009 through September 30, Annual Revenue: $118,275 BACKGROUND On December 11, 2002, the City Council approved Resolution No , which authorized the City Manager to enter into a five-year lease of approximately 7,171 square feet of office space in the terminal building at Dallas Love Field with the Transportation Security Administration (TSA). The lease was effective on April 1, The five-year lease term expired on March 31, 2008 and on June 25, 2008 the City Council approved Resolution No which extended the term by 18 months to September 30, 2009 and added 714 square feet of office space in the terminal. The annual rent will increase from $61,619 to $118,275 based on the current prevailing annual rental rate of $15.00 per square foot. The Love Field Modernization Program (LFMP) construction is scheduled to commence during the first year of the new term. During the construction period it will be necessary to relocate the TSA lease space in the terminal facility. Changes in tenant leasehold space caused by construction will be made by lease exhibit substitution, which will adjust the rent amount to reflect the actual space leased. The existing lease contains a provision that, if at any time subsequent to the second year of the lease, the City of Dallas, through its Director of Aviation, determines the need to recall the main lobby space for an aviation related use, the City may terminate that portion of the lease with 60 days notice and the TSA will relocate their office space at no cost to the City. This item, if approved, will make all space under the lease subject to recall with sixty days notice.

148 PRIOR ACTION / REVIEW (COUNCIL, BOARDS, COMMISSIONS) Approved 1 st and 2 nd Amendments, by Resolution No , on June 25, Approved original lease, by Resolution No , on December 11, FISCAL INFORMATION $118,275 - Annual Revenue OWNERS Transportation Security Administration Department of Transportation Federal Aviation Administration MAP Attached Agenda Date 08/26/ page 2

149 DALLAS LOVE FIELD TERMINAL BUILDING MAPSCO PAGE 34E Love Field Terminal Building