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January 10, 2024 ·9:00 AM Final-revised ·REVISED

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Agenda PDF Official record ↗

Agenda — 96 items

  1. 1 AGENDA CITY COUNCIL MEETING WEDNESDAY, JANUARY 10, 2024 ORDER OF BUSINESS
  2. 2 The City Council meeting will be held by videoconference and in the Council Chambers, 6th Floor at City Hall. Individuals who wish to speak in accordance with the City Council Rules of Procedure must sign up with the City Secretary’s Office. The public may attend the meeting virtually; however, City Hall is available for those wishing to attend the meeting in person. The following videoconference link is available to the public to listen to the meeting and Public Affairs and Outreach will also stream the City Council meeting on Spectrum Cable Channel 16 and bit.ly/cityofdallastv: https://dallascityhall.webex.com/dallascityhall/j.php?MTID=m54bad638f39e6f70c0e05486af6d6ef0
  3. 3 Public hearings will not be heard before 1:00 p.m.
  4. 4 INVOCATION AND PLEDGE OF ALLEGIANCE
  5. 5 OPEN MICROPHONE
  6. 6 MINUTES
  7. 7 CONSENT AGENDA
  8. 8 ITEMS FOR INDIVIDUAL CONSIDERATION
  9. 9 ADDITIONS
  10. 10 ZONING
  11. 11 PUBLIC HEARINGS AND RELATED ACTIONS
  12. 12 NOTE: A revised order of business may be posted prior to the date of the council meeting if necessary.
  13. 13 Page Break
  14. 14 Invocation and Pledge of Allegiance
  15. 15 Agenda Item/Open Microphone Speakers
  16. 16 VOTING AGENDA
  17. 1. Approval of Minutes of the December 13, 2023 City Council Meeting
  18. 18 CONSENT AGENDA
  19. 19 City Attorney's Office
  20. 2. Authorize partial settlement of the lawsuit styled Chanda Runnels, Individually and as Next Friend of D.D., a Minor, and Roy Heidelberg, Cause No. CC-22-06403-B - Total not to exceed $140,000.00 ($65,000.00 for the settlement of the claims of Chanda Runnels and $75,000.00 for the settlement of the claims of Roy Heidelberg) - Financing: Liability Reserve Fund
  21. 21 Department of Aviation
  22. 3. Authorize a Second Amendment to the concession contract with Air Star-Bush-LTS Marquis DAL, LLC (Maggiano's), for food and beverage concession services at Dallas Love Field Airport, to (1) extend the term of the contract by an additional seven years; and (2) increase the current street plus 10 percent pricing to 15 percent for the sit-down restaurant covered by the contract (Maggiano's) - Estimated Revenue: Aviation Fund $488,815.00
  23. 4. Authorize a Third Amendment to the concession contract with Host International, Inc. (Cool River Café, La Madeleine, Paciugo Gelato/Auntie Anne’s, Starbucks East Wing, Starbucks West Wing, and Chick-fil-A) for food and beverage concession services at Dallas Love Field Airport to (1) extend the term of the contract by an additional seven-years; and (2) increase the current street plus 10 percent pricing to 15 percent for the sit-down restaurant covered by the contract and 17 percent for the fast-casual and quick-serve restaurants covered by the contract - Estimated Revenue: Aviation Fund $4,617,845.00
  24. 5. Authorize a Fourth Amendment to the concession contract with Air Star Concessions, Ltd. (Cantina Laredo, Campisi's Pizza, Whataburger), for food and beverage concessions services at Dallas Love Field Airport, to (1) extend the term of the contract by an additional seven years; and (2) increase the current street plus 10 percent pricing to 15 percent for the sit-down restaurant covered by the contract (Cantina Laredo) and 17 percent for the quick-serve or fast-casual restaurants covered by the contract (Campisi's Pizza, Whataburger) - Estimated Revenue: Aviation Fund $3,668,268.00
  25. 6. Authorize a Fourth Amendment to the concession contract with Air Star-LTS/Marquis DAL, LLC (Chili’s) for food and beverage concessions services at Dallas Love Field Airport to (1) extend the term of the contract by an additional seven-years; and (2) increase the current street plus 10 percent pricing to 15 percent for the sit-down restaurant covered by the contract (Chili’s) - Estimated Revenue: Aviation Fund $801,968.00
  26. 7. Authorize amendments to four (4) concession contracts with Hudson Dallas Love Field Concessionaires, LLC, approved as to form by the City Attorney, to mitigate the increased costs of providing products and services to the traveling public and airport employees: (1) the Fourth Amendment to the Dallas Love Field Retail Concession Contract, formerly with Hudson Retail Dallas JV, to (i) extend the term of the contract for an additional 8 years, and (ii) increase the current street plus 10 percent pricing to 15 percent for the retail outlets covered by the contract; (2) the Fourth Amendment to the Dallas Love Field Retail Concession Contract, formerly with HG-Multiplex-Regali JV, to (i) extend the term of the contract for an additional 8 years, and (ii) increase the current street plus 10 percent pricing to 15 percent for the retail outlets covered by the contract; (3) the Third Amendment to the Dallas Love Field Food and Beverage Concession Contract, formerly with HG-Multiplex-Regali-Dallas JV, to (i) extend the term of the contract for an additional 8 years, and (ii) increase the current street plus 10 percent pricing to 17 percent for the fast-casual and quick serve restaurants covered by the contract; and (4) the Third Amendment to the Dallas Love Field Retail Concession Contract, formerly with WDFG North America LLC, to (i) extend the term of the contract for an additional 8 years, and (ii) increase the current street plus 10 percent pricing to 15 percent for the quick-serve outlets covered by the contract - Estimated Revenue: Aviation Fund $9,117,042.00
  27. 8. Authorize a five-year service price agreement transportation for hire services for passenger drop-off and pick-up at Dallas Love Field Airport in an amount not to exceed $287,852.00 with Alto Operations Texas, LLC and Irving Holdings, Inc. in an amount not to exceed $222,000.00, most advantageous proposer of seven - Total Estimated Revenue: Aviation Fund $509,852.00
  28. 28 Department of Public Works
  29. 9. An ordinance abandoning a detention area easement to Vivante Turtle Creek, LLC, the abutting owner, containing approximately 2,019 square feet of land, located near the intersection of Turtle Creek Boulevard and Fairmount Street - Revenue: General Fund $7,800.00, plus the $20.00 ordinance publication fee
  30. 10. An ordinance abandoning a portion of an alley to McDonalds's Real Estate Company, the abutting owner, containing approximately 2,520 square feet of land, located near the intersection of Jefferson Boulevard and Van Buren Avenue; and authorizing the quitclaim and providing for the dedication of approximately 4,076 square feet of land needed for an alley right-of-way - Revenue: General Capital Reserve Fund ($54,970.00) and General Fund ($20,000.00), plus the $20.00 ordinance publication fee
  31. 11. An ordinance granting a private license to High 4 Ewing, LLC for the use of a total of approximately 84 square feet of land to occupy, maintain and utilize three trash receptacles and three benches on portions of Ewing Avenue, 6th and 7th Streets rights-of-way located near the intersection of 6th and 7th Streets - Revenue: General Fund $600.00 one-time fee, plus the $20.00 ordinance publication fee
  32. 12. An ordinance abandoning a portion of a flood easement to Marc J. Everett and Nicole L. Everett, the abutting owners, containing approximately 945 square feet of land, located near the intersection of Lamplighter Lane and Boca Raton Drive - Revenue: General Fund $7,800.00, plus the $20.00 ordinance publication fee
  33. 13. Authorize (1) the quitclaim of 30 properties acquired by the taxing authorities from the Tax Foreclosure Sheriff's Sale that will be sold to the highest qualified bidders; and (2) the execution of release of liens for any non-tax liens that may have been filed by the City and were included in the foreclosure judgment (list attached to the Agenda Information Sheet) - Estimated Revenue: $1,738,000.00 (see Fiscal Information)
  34. 14. Authorize acquisition of a drainage easement from Michael Lee Sands and Kelly Jo Sands, as Trustees of the Sands Living Trust, of approximately 754 square feet of land located near the intersection of North Haven Road and North Central Expressway for the Street Reconstruction Group 17-1104 Meadow Park-Brookshire to Currin Drive Project - Not to exceed $45,000.00 ($40,000.00, plus closing costs and title expenses not to exceed $5,000.00) - Financing: Street and Transportation (A) Fund (2017 General Obligation Bond Fund)
  35. 15. Authorize the (1) acceptance of Regional Toll Revenue Funds from the State of Texas, acting by and through the Texas Department of Transportation (TxDOT) for a Roadway Reconstruction Off State System Project (Agreement No. CSJ 0918-47-420), in the amount of $2,400,000.00, as state contribution to the total construction cost of $3,000,000.00 (State contribution from State Highway 121 Subaccount of $2,400,000.00 and the City of Dallas local match of $600,000.00, totaling $3,000,000.00) for the reconstruction of a 2-lane to 2-lane roadway with drainage and associated pedestrian improvements on 10th Street from Interstate Highway 35E (IH 35E) to Clarendon in the City of Dallas; (2) receipt and deposit of funds in the amount of $2,400,000.00 in the 10th Street from IH 35E to Clarendon - Regional Toll Revenue Fund; (3) establishment of appropriations in the amount of $2,400,000.00 in the 10th Street from IH 35E to Clarendon - Regional Toll Revenue Fund; (4) disbursement of funds in the amount of $3,000,000.00 from the 10th Street from IH 35E to Clarendon - Regional Toll Revenue Fund ($2,400,000.00) and the Street and Transportation (A) Fund ($600,000.00); and (5) execution of the Advance Funding Agreement with TxDOT and all terms, conditions, and documents required by the agreement approved as to form by the City Attorney - Total amount of $3,000,000.00 - Financing: 10th Street from IH35E to Clarendon Drive - Regional Toll Revenue Fund ($2,400,000.00) and Street and Transportation (A) Fund (2017 General Obligation Bond Fund) ($600,000.00)
  36. 16. Authorize a construction services contract for the construction of Alley Reconstruction Group 17-8003 (list attached to the Agenda Information Sheet) - Jeske Construction Co., lowest responsible bidder of three - Not to exceed $1,792,675.00 - Financing: Street and Transportation (A) Fund (2017 General Obligation Bond Fund)
  37. 37 Page Break
  38. 38 Department of Transportation
  39. 17. Authorize a four-year cooperative purchasing agreement for the purchase, maintenance, and support of electronic intelligent parking technology with a payment processing system, software licenses, low power wireless telecommunications system, and SaaS management software for the Department of Transportation with IPS Group, Inc. through the OMNIA Partners, Inc. cooperative agreement - Not to exceed $1,875,945.00 - Financing: General Fund (subject to annual appropriations)
  40. 40 Fire-Rescue Department
  41. 18. Authorize a three-year service contract, with two one-year renewal options, for the implementation and operation of the Ambulance Supplemental Payment Program and preparation and reporting of the cost allocation report to the Texas Health and Human Services Commission with Public Consulting Group, LLC through an intergovernmental agreement with the City of Frisco - Estimated Revenue: General Fund $40,150,179.00; Estimated Expense: General Fund $1,606,007.16 (subject to appropriations)
  42. 42 Office of Economic Development
  43. 19. Authorize a New Markets Tax Credit (NMTC) transaction between the Dallas Development Fund, a Dallas-based Texas nonprofit corporation and certified CDE or a subsidiary thereof (DDF), YMCA of Metropolitan Dallas or a direct affiliate thereof (YMCA) and Capital One and its subsidiaries thereof, of up to $7,000,000.00 in NMTC allocation for the reconstruction of the Park South YMCA located at 2500 Romain Romine Ave., Dallas, Texas, a qualified project under Section 45D of the Internal Revenue Code of 1986, as amended, and for DDF to collect related closing costs and annual fees - Financing: No cost consideration to the City
  44. 44 Page Break
  45. 45 Office of Emergency Management
  46. 20. Authorize Supplemental Agreement No. 1 to the professional services contract for an increase in the contract with Innovative Emergency Management for an expansion of scope upgrading the regional tabletop exercise to a regional functional exercise - Not to exceed $122,244.00, from $491,219.00 to $613,463.00 - Financing: FY2021 Regional Catastrophic Preparedness Grant Program Fund
  47. 47 Office of Procurement Services
  48. 21. Authorize a two-year cooperative purchasing agreement for continued use of cloud services and support for the budget preparation and management system for the Department of Information and Technology Services with Oracle America, Inc. through the State of Texas Department of Information Resources cooperative agreement - Not to exceed $337,117.42 - Financing: Data Services Fund (subject to annual appropriation)
  49. 22. Authorize a three-year service price agreement for the purchase, maintenance, and repair of odor control and corrosion inhibitor agents for use in the sanitary sewer system and wastewater treatment process for the Water Utilities Department - Pencco, Inc. in the estimated amount of $9,248,900 and Evoqua Water Technologies LLC in the estimated amount of $445,500, lowest responsible bidders of two - Total estimated amount of $9,694,400 - Financing: Dallas Water Utilities Fund (subject to annual appropriations)
  50. 50 Office of Risk Management
  51. 23. Authorize a one-year policy for excess workers’ compensation insurance through an Interlocal Agreement with the Texas Municipal League Intergovernmental Risk Pool, and subject to approval by the Executive Board of Texas Municipal League Intergovernmental Risk Pool effective February 1, 2024 through January 31, 2025 - Not to exceed $1,043,280.00 - Financing: Workers’ Compensation Fund
  52. 52 Page Break
  53. 53 Park & Recreation Department
  54. 24. Authorize a resolution regarding designating all territories within the boundaries of the City of Dallas as a suburban area, urban area, or central business district area for the purposes of calculating Parkland Dedication fees per the requirements of House Bill No. 1526 found in Exhibit A - Financing: No cost consideration to the City
  55. 25. Authorize an application for the National Endowment for the Humanities Sustaining Cultural Heritage Collections Grant Program in an amount up to $350,000.00 for the preservation of select cultural documents, artifacts, and film at the Hall of State at 3939 Grand Avenue - Financing: No cost consideration to the City
  56. 56 Water Utilities Department
  57. 26. Authorize the deposit of the amount awarded by the Special Commissioners in condemnation proceeding styled CITY OF DALLAS VS. Byrd B. Fisher, et al., Cause No. CC-23-04111-E, pending in Dallas County Court at Law No. 5, for acquisition from sand and gravel rights to approximately 43 acres of land, from the heirs of Byrd B. Fisher and husband W.W. Fisher, Ballard Y. Burgher, W.L. Burgher, Cedric Burgher, Laura B. Atwell and husband Webster Atwell, and Robert S. Burgher, located on Canada Drive near its intersection at North Hampton Road and will be used for the Dallas Floodway Project - Not to exceed $4,500.00 (No closing costs or title expenses) - Financing: Flood Protection and Storm Drainage Facilities Fund
  58. 27. Authorize the ratification to pay outstanding invoices due to the Unique Paving Materials Corp. for the uninterrupted provision of cold patch asphalt - Not to exceed $345,478.28 - Financing: Dallas Water Utilities Fund
  59. 28. Authorize a thirty-six-month construction services contract for pavement repairs at various locations throughout the city supporting water and wastewater operations of the Dallas Water Utilities Department - Omega Contracting, LLC, lowest responsible bidder of two - Not to exceed $34,717,342.80 - Financing: Water Construction Fund ($26,730,917.80) and Wastewater Construction Fund ($7,986,425.00) (subject to annual appropriations)
  60. 60 ITEMS FOR INDIVIDUAL CONSIDERATION
  61. 61 City Secretary's Office
  62. 29. Consideration of appointments to boards and commissions and the evaluation and duties of board and commission members (List of nominees is available in the City Secretary's Office)
  63. 63 ITEMS FOR FURTHER CONSIDERATION - UNDER ADVISEMENT
  64. 64 Water Utilities Department
  65. 30. Authorize the second step of acquisition for condemnation by eminent domain to acquire an irregularly shaped, unimproved tract of land containing approximately 1,654 square feet on Brookhaven Drive near its intersection at Interstate Highway 35 from the Estate of Luther Yost for the construction of erosion control improvements - Not to exceed $2,481.00 - Financing: Storm Drainage Management Capital Construction Fund (This item was held under advisement on December 13, 2023)
  66. 66 Page Break
  67. 67 ADDITIONS:
  68. 68 Closed Session - Deliberation regarding security devices or security audits including: (1) security assessments or deployments relating to information resources technology; (2) network security information (3); the deployment, or specific occasions for implementation, of security personnel, critical infrastructure, or security devices; or (4) a security audit regarding a recent ransomware attack security incident relating to the City’s information resources technology. (Sec. 551.076 and Sec. 551.089 T.O.M.A.) Attorney Briefings (Sec. 551.071 T.O.M.A.) - Seeking the advice of the city attorney regarding the ransomware attack. - Seeking the advice of the city attorney regarding Trinity East Energy, LLC v. City of Dallas.
  69. 69 OTHER ITEMS FOR INDIVIDUAL CONSIDERATION
  70. 70 Department of Public Works
  71. 31. An ordinance abandoning a portion of Treadway Street to the Board of Regents of The University of Texas System, the abutting owner, containing approximately 90,343 square feet of land, located near the intersection of Harry Hines Boulevard and Mockingbird Lane; and authorizing the quitclaim - Revenue: General Capital Reserve Fund ($6,508,000.00) General Fund ($20,000.00), plus the $20.00 ordinance publication fee
  72. 72 Page Break
  73. 73 PUBLIC HEARINGS AND RELATED ACTIONS
  74. 74 Department of Planning and Urban Design
  75. 75 ZONING CASES - CONSENT
  76. Z1. A public hearing to receive comments regarding an application for and an ordinance granting an amendment to Planned Development District No. 435, on the northwest corner of Duncanville Road and West Illinois Avenue Recommendation of Staff: Approval, subject to an amended development plan, an amended landscape plan, an amended traffic management plan, and amended conditions Recommendation of CPC: Approval, subject to an amended development plan, an amended landscape plan, an amended traffic management plan, and amended conditions Z212-240(JA)
  77. Z2. A public hearing to receive comments regarding an application for and an ordinance granting an MU-1 Mixed Use District on property zoned a CS Commercial Service District, on the east line of Executive Drive, northeast of the intersection of Executive Drive and Data Drive Recommendation of Staff: Approval Recommendation of CPC: Approval Z223-153(MP)
  78. Z3. A public hearing to receive comments regarding an application for and an ordinance granting a Specific Use Permit for sale of alcoholic beverages in conjunction with a general merchandise or food store 3,500 square feet or less on property zoned an CR-D-1 Community Retail District with a D-1 Liquor Control Overlay, on the northwest corner of Lake June Road and North Jim Miller Road Recommendation of Staff: Approval for a one-year period, subject to a site plan and conditions Recommendation of CPC: Approval for a one-year period, subject to a site plan and conditions Z223-180(LG)
  79. Z4. A public hearing to receive comments regarding an application for and an ordinance granting a Specific Use Permit for a bail bonds office within the Mixmaster Riverfront Subarea of Planned Development District No. 784, the Trinity River Corridor Special Purpose District, on the northeast corner of South Riverfront Boulevard and Reunion Boulevard Recommendation of Staff: Approval for a three-year period, subject to a site plan and conditions Recommendation of CPC: Approval for a three-year period, subject to a site plan and conditions Z223-206(LG)
  80. Z5. A public hearing to receive comments regarding an application for and an ordinance granting an amendment to Specific Use Permit No. 2155 for a recycling buy-back center for the collection of household and industrial metals on property zoned an IM Industrial Manufacturing District, on the southwest line of Botham Jean Boulevard, between Martin Luther King, Jr. Boulevard and Lenway Street Recommendation of Staff: Approval for a two-year period, subject to amended conditions Recommendation of CPC: Approval for a two-year period, subject to amended conditions Z223-222(LG)
  81. Z6. A public hearing to receive comments regarding an application for and an ordinance granting an amendment to Specific Use Permit No. 1687 for a bar, lounge, or tavern and an inside commercial amusement limited to a Class A dance hall on property zoned Tract A within Planned Development District No. 269, the Deep Ellum/Near East Side Special Purpose District, on the south side of Commerce Street, west of Henry Street Recommendation of Staff: Approval for a five-year period, subject to amended conditions Recommendation of CPC: Approval for a five-year period, subject to amended conditions Z223-227(LG)
  82. Z7. A public hearing to receive comments regarding an application for and an ordinance granting a TH(3)(A) Townhouse Subdistrict on property zoned an R-5(A) Single Family Subdistrict and an NC Neighborhood Commercial Subdistrict within Planned Development District No. 595, the South Dallas/Fair Park Special Purpose District, on the southwest line of Troy Street; between Brashear Street and Spring Avenue Recommendation of Staff: Approval Recommendation of CPC: Approval Z223-231(MP)
  83. Z8. A public hearing to receive comments regarding an application for and an ordinance granting an R-5(A) Single Family Subdistrict on property zoned an NC Neighborhood Commercial Subdistrict within Planned Development District No. 595, the South Dallas/Fair Park Special Purpose District, on the southeast line of Easley Street; west of Bexar Street Recommendation of Staff: Approval Recommendation of CPC: Approval Z223-232(GB)
  84. Z9. A public hearing to receive comments regarding an application for and an ordinance granting an R-5(A) Single Family Subdistrict on property zoned an NC Neighborhood Commercial Subdistrict within Planned Development District No. 595, the South Dallas/Fair Park Special Purpose District, on the north line of Wells Street and Canaan Street Recommendation of Staff: Approval Recommendation of CPC: Approval Z223-233(GB)
  85. 85 Page Break
  86. 86 ZONING CASES - INDIVIDUAL
  87. Z10. A public hearing to receive comments regarding an application for and an ordinance granting the renewal of and an amendment to Specific Use Permit No. 2308 for the sale of alcoholic beverages in conjunction with a general merchandise or food store 3,500 square feet or less on property zoned an RR-D-1 Regional Retail District with a D-1 Liquor Control Overlay, on the north side of West Camp Wisdom Road; east of Marvin D. Love Freeway (US 67) Recommendation of Staff: Approval for a three-year period with eligibility for automatic renewals for additional five-year periods, subject to a site plan and conditions Recommendation of CPC: Approval for a two-year period, subject to a site plan and conditions Z223-189(AU)
  88. Z11. A public hearing to receive comments regarding an application for and an ordinance granting an amendment to Planned Development District No. 1050, on property bounded by Taft Street, North Montclair Avenue, Ranier Street, and Mary Cliff Road Recommendation of Staff: Approval, subject to a revised amended development plan, a revised amended landscape plan, an amended traffic management plan, and staff’s recommended amended conditions Recommendation of CPC: Approval, subject to an amended development plan, an amended landscape plan, an amended traffic management plan, and amended conditions Z223-348(JA)
  89. 89 Page Break
  90. 90 SPECIAL PROVISION SIGN DISTRICT
  91. 91 Department of Planning and Urban Design
  92. PH1. A public hearing to receive comments regarding an application for and an ordinance granting the creation of a new subdistrict within the McKinney Avenue Sign District on property within the McKinney Avenue Sign District zoned Planned Development District No. 193, the Oak Lawn Special Purpose District, Subdistrict No. 152, on the north corner of Howell Street and Routh Street Recommendation of Staff: Approval, subject to conditions Recommendation of CPC: Approval, subject to conditions SPSD223-002(JP)
  93. 93 MISCELLANEOUS HEARINGS
  94. 94 Office of Economic Development
  95. PH2. A public hearing to receive comments on proposed amendments to the City’s Property Assessed Clean Energy (“PACE”) Program Report which enables PACE financing of water conservation and energy-efficient improvements for private commercial, industrial, and multi-family properties within the city of Dallas pursuant to the Property Assessed Clean Energy Act, as amended (Texas Local Government Code Chapter 399); and, at the close of the public hearing, consider a resolution amending the City’s PACE Program Report previously approved on May 11, 2016, by Resolution No. 16-0721 - Financing: No cost consideration to the City
  96. 96 Page Break