AGENDA

REGULAR MEETING OF THE CITY COUNCIL
City of Garland
Council Chambers, City Hall
William E. Dollar Municipal Building
200 North Fifth Street
Garland, Texas 
August 7, 2018
7:00 p.m.
 
 

The City Council extends to each visitor a sincere welcome. We value your interest in your community and your participation in the meetings of this governing body. Regular meetings of the City Council are held the 1st and 3rd Tuesdays of each month, beginning at 7:00 p.m.; the City Council meets regularly in work sessions at 6:00 p.m. the Monday preceding each regular meeting.

Garland City Hall and Council Chambers is wheelchair accessible.  Special parking is available on the east side of City Hall and on Austin & State Street west of City Hall.  Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services must contact the City Secretary’s Office at (972) 205-2404 at least two working days prior to the meeting so that appropriate arrangements can be made. BRAILLE IS NOT AVAILABLE.

 

Strategic Focus Areas
In November 2017, Council adopted ten Key Focus Areas reflecting the attributes they want to accurately describe the Garland community. 
 

  • Growing Economic Base
  • Commercially Thriving Downtown
  • Well-Maintained City Infrastructure
  • Enhanced Quality of Life Through Amenities, Arts, and Events
  • Safe Community
  • Vibrant Neighborhood and Commercial Center
  • Reliable, Cost Efficient Utility Services
  • Customer-Focused City Services
  • Sound Governance and Finances
  • Future-Focused City Organization
 
             
LEGISLATIVE PRAYER AND PLEDGE OF ALLEGIANCE

It is the custom and tradition of the members of the City Council to have an invocation and recital of the Pledge of Allegiance prior to the beginning of the meeting.  Members of the audience are invited to participate.  However, members of the audience are not required to participate.  The decision to participate is strictly a matter of personal choice and has no bearing on matters to be considered by the City Council and will not affect the decisions to be made during the meeting. 
 
MAYORAL PROCLAMATIONS,
RECOGNITIONS AND ANNOUNCEMENTS

The Mayor may present proclamations and recognize attendees or award winners, and may make announcements regarding upcoming City events and matters of interest to citizens. There will be no Council deliberations or votes on these matters.
 
 
CONSENT AGENDA

All items under this section are recommended for approval by a single motion of Council, without discussion. Council has had the opportunity to review each of these items at a previous work session and approval of the consent agenda authorizes the City Manager to implement each item. The Mayor will announce the agenda and provide an opportunity for members of the audience and the City Council to request that an item be removed and considered separately.
 
 
1.   Consider approval of the minutes of the July 17, 2018 Regular Meeting.
 
2. Consider approval of the following bids:
 
a.  
Rowlett Creek Administration Building Renovation    Bid No. 0901-18
     
MPI Architects $145,900.00  

This request is to provide professional architectural and engineering services for the renovation of the Rowlett Creek Wastewater Treatment Plant Administration Building. 
 
             
b.  
Engineering Services for Repaving Parking Lots at Carter Softball Complex in Audubon Park    Bid No. 0966-18
     
R-Delta Engineers, Inc.  $161,000.00  

This request is to obtain professional engineering and surveying services to reconstruct deteriorating asphalt parking lot paving directly adjacent to Carter Softball Complex in Audubon Park along West Oates Road. 
 
c.  
Single-Family New Home Construction - 512 Ford Street    Bid No. 0790-18
     
Lyon Construction Company $133,320.13  

This request is to award a bid for the construction of a new single-family residence with HUD HOME program funds.
 
d.  
GP&L Olinger to Firewheel Reconductor and Reconstruction    Bid No. 4515-14
     
R-Delta Engineers $60,000.00  

This request is to approve Change Order #4 to Engineering Services Agreement COG134, Olinger to Firewheel Reconductor and Reconstruction.
 
e.  
Duck Creek Wastewater Treatment Plant Odor Abatement Evaluation    Bid No. 0949-18
     
Perkins Engineering Consultants, Inc.  $126,377.00  
Optional Contingency 12,600.00  
TOTAL:  $138,977.00  

This request is to provide Professional Engineering Services for conducting Phase II of the Air Emissions Testing at Duck Creek Wastewater Treatment Plant.  Due to the complex nature of the project, an Optional Contingency is included for any additional work that may be required. 
 
             
f.  
GP&L Firewheel to Lookout 138 kV Transmission Line Construction    Bid No. 0829-18
     
Utility Construction Services, LLC $1,449,722.92  
Optional Contingency 144,972.00  
TOTAL: $1,594,694.92  

This request is to provide for the construction of the Firewheel to Lookout 138 kV Transmission Line as part of the Firewheel to Lookout Rebuild CIP project.  Due to the complex nature of the project, an Optional Contingency is included for any additional work that may be required. 
 
g.  
GP&L Shelby to Dent Road 138 kV Transmission Line Construction    Bid No. 0310-17
     
Burns & McDonnell $1,360,500.00  
Optional Contingency 128,050.00  
TOTAL: $1,488,550.00  

This request is to approve Change Order #2 to Engineering Services Agreement COG016 Dent Road 138 kV Transmission Line CCN.  Due to the complex nature of the project, an Optional Contingency is included for any additional work that may be required. 
 
h.  
GP&L Wylie to Firewheel 138 kV Transmission Line Construction    Bid No. 0806-18
     
Maslonka Powerline Services $6,883,551.00  
Optional Contingency 1,207,413.00  
TOTAL: $8,090,964.00  

This request is to provide construction labor for the Wylie to Firewheel, Elm Grove to Ben Davis, and Wynn Joyce to Ben Davis 138 kV transmission lines.  Due to the complex nature of the project, an Optional Contingency is included for any additional work that may be required.
 
             
3. Public hearings were previously conducted for the following zoning cases. Council approved the requests and instructed staff to bring forth the following ordinances for consideration.
 
a.   Zoning File No. Z 17-42, Classic Design Group (District 1)

Consider an ordinance amending the Garland Development Code of the City of Garland, Texas, by approving 1) an amendment to Planned Development (PD) District 01-03; and 2) a Detail Plan for a Car Wash, Automated/Rollover Use on property zoned Planned Development (PD) District 01-03 for Community Retail Uses and located east of Lavon Drive and south of Foster Road (immediately to the north of 2702 Lavon Drive); providing for conditions, restrictions, and regulations; providing a penalty under the provisions of Sec. 10.05 of the Code of Ordinances of the City of Garland, Texas; providing a Savings Clause and a Severability Clause; and providing an effective date.
 
b.   Zoning File No. Z 18-21, Paul Taylor Homes, Ltd. (District 3)

Consider an ordinance amending the Garland Development Code of the City of Garland, Texas, by approving 1) an Amendment to Planned Development (PD) 86-53 District for Single-Family-7 Uses; and 2) a Detail Plan for Dwelling, Single-Family Detached on a 24.34-acre tract of land located at 4017 Lyons Crest Drive; providing for conditions, restrictions, and regulations; providing a penalty under the provisions of Sec. 10.05 of the Code of Ordinances of the City of Garland, Texas; providing a Savings Clause and a Severability Clause; and providing an effective date.
 
c.   Zoning File No. Z 18-23, Spiars Engineering, Inc. (District 1)

Consider an ordinance amending the Garland Development Code of the City of Garland, Texas, by approving a Specific Use Provision for a Restaurant, Drive-Through on a 0.24-acre tract of land zoned Light Commercial (LC) District and located at 2906 Lavon Drive; providing for conditions, restrictions, and regulations; providing a penalty under the provisions of Sec. 10.05 of the Code of Ordinances of the City of Garland, Texas; providing a Savings Clause and a Severability Clause; and providing an effective date.
 
d.   Zoning File No. Z 18-31, Davis Land Surveying Co., Inc. (District 3)

Consider an ordinance amending the Garland Development Code of the City of Garland, Texas , by approving a Change in Zoning from Agricultural (AG) District to Single Family-10 (SF-10) District on a 5.20-acre tract of land located at 5150 Locust Grove Road; providing for conditions, restrictions, and regulations; providing a penalty under the provisions of Sec. 10.05 of the Code of Ordinances of the City of Garland, Texas; providing a Savings Clause and a Severability Clause; and providing an effective date.
 
4.   Consider a resolution agreeing to the sale of certain property located within the City of Garland and owned by taxing authorities including the City of Garland as the result of a tax sale; authorizing the Mayor to execute a Deed without Warranty; and providing an effective date.

Council is requested to accept the offer and sell the property to Mr. Ruben De Luis.  This property has been held by the City of Garland since 2011 and pursuant to Section 34.05 of the Texas Property Tax Code it may be resold to a private entity with approval of the governing body.
 
5.   Consider a resolution agreeing to the sale of certain property located within the City of Garland and owned by taxing authorities including the City of Garland as the result of a tax sale; authorizing the Mayor to execute a Deed without Warranty; and providing an effective date.

Council is requested to accept the offer and sell the property to Mrs. Celerina Ramirez.  This property has been held by the City of Garland since 2010 and pursuant to Section 34.05 of the Texas Property Tax Code it may be resold to a private entity with approval of the governing body. 
 
6.   Consider an ordinance amending Sections 2.51 and 6.03 of the Garland Development Code (Ordinance 6773, as amended) relating to the creation of a zoning classification for Care of Alcoholic, Drug Dependent or Psychiatric Patients, Institutional; providing a penalty under the provisions of Sec. 10.05 of the Code of Ordinances of the City of Garland, Texas; providing a Savings Clause and a Severability Clause; and providing an effective date.

Council is requested to approve amendments to the Garland Development Code (GDC) regarding Care of Alcoholic, Drug Dependent or Psychiatric Patients, Institutional.  A Public Hearing for this item was conducted at the July 17, 2018 Regular City Council Meeting.
 
7.   Consider an ordinance amending Chapter 33, "Transportation," of the Code of Ordinances of the City of Garland, Texas; providing a penalty under the provisions of Sec. 10.05 of the Code of Ordinances of the City of Garland, Texas; providing a Savings Clause and a Severability Clause; and providing an effective date.

Council is requested to restrict parking in limited sections to address the overparking on Kirby Street and Shephard Drive.
 
8.   Consider an ordinance amending Chapter 33, "Transportation," of the Code of Ordinances of the City of Garland, Texas; providing a penalty under the provisions of Sec. 10.05 of the Code of Ordinances of the City of Garland, Texas; providing a Savings Clause and a Severability Clause; and providing an effective date.

Council is requested to adopt the parking restrictions along S. Fifth Street between McLemore Drive and Wembley Drive.
 
9.   Consider an ordinance amending Chapter 33, "Transportation," of the Code of Ordinances of the City of Garland, Texas; providing a penalty under the provisions of Sec. 10.05 of the Code of Ordinances of the City of Garland, Texas; providing a Savings Clause and a Severability Clause; and providing an effective date.

Council is requested to adopt the parking restrictions to update a portion of the Code of Ordinances that lists all allowed on-street parking locations in the city. 
 
10.   Consider an ordinance amending Chapter 33, "Transportation," and Chapter 24, "Municipal Court and Administrative Enforcement" of the Code of Ordinances of the City of Garland, Texas; providing a penalty under the provisions of Sec. 10.05 of the Code of Ordinances of the City of Garland, Texas; providing a Savings Clause and a Severability Clause; and providing an effective date.

At the August 6, 2018 Work Session, Council considered adopting an ordinance amending Chapter 33 "Transportation" and Chapter 24 "Municipal Court and Administrative Enforcement" of the Code of Ordinances to authorize the Chief of Police, at the request of the Director of Streets, to temporarily prohibit parking of vehicles along a street or alley as necessary for construction, repair or maintenance projects.
 
ITEMS FOR INDIVIDUAL CONSIDERATION

Speaker Regulations:

Anyone wishing to speak for, against, or on agenda items must fill out a speaker card and give it to the City Secretary before speaking (cards are located at the entrance to the Council Chambers). The Mayor will recognize speakers; he may impose a time limit and may provide for rebuttal. All comments and testimony are to be presented from the podium.
 
 
11.   Request for development assistance from Quest USA, Inc. 

Council is requested to consider a development incentive request from Quest USA, Inc. for a partial rebate of applicable Business and Personal Property (BPP) tax required of a proposed new manufacturing project for a specific period of time.
 
12.   Amendment of the Economic Development Agreement with Digital Garland, LLC

Council is requested to consider amending the current development agreement with Digital Garland, LLC.
 
13.   Presentation of the 2018-19 Proposed Budget

In accordance with the City Charter and state law, the City Manager shall submit to the City Council a Proposed Budget for the coming fiscal year.  The City Manager will formally present his Proposed Budget for 2018-19.  Following the presentation to Council, copies of the Proposed Budget will be placed in each City library, in the Office of the City Secretary, and on the City's website for public review and inspection.
 
14.   Consider proposing a tax rate to be considered during the budget approval and tax rate setting process for FY 2018/2019 and establishing a schedule for adopting a budget and setting a tax rate for FY 2018/2019

The City Council is requested to propose a tax rate of 70.46 cents per $100 of valuation to be considered during the tax rate setting process, and to establish a schedule for the public hearings that must be held as part of the tax rate and budget approval processes.  The City Council is requested to set public hearings on the budget and on the tax rate for August 21, 2018 and September 4, 2018.
 
15. Hold public hearings on:
 
a.   Consider the application of Overland Property Group, LLC, requesting a Change of Zoning from Planned Development (PD) District 14-11 for Single-Family (SF-10) Use to Multi-Family (MF) District.  This property is located at 2017 Bunk House Road, and more specifically it is located approximately 650 feet east of East Centerville Road on the south side of East Miller Road.  (File No. Z 18-14, District 3) (This case was postponed from the July 17, 2018 Regular City Council meeting.)  

BEING an approximate of 8.14-acre tract of land and being Lot 1R1, Block 1, Chiesa Ranch Addition Second Replat, an addition to the City of Garland, Dallas County, Texas, according to the map or plat thereof, recorded in Clerk's File No. 201400245997, Plat Records, Dallas County, Texas.   Approval of the request would allow a Change in Zoning to allow for a multi-family development. 
 
b.   Consider the application of Cates-Clark & Associates, LLP, requesting approval of 1) a Zoning Change from Industrial (IN) District to a Planned Development (PD) District for Industrial Uses; 2) a Detail Plan for a Recycling Salvage Yard (unlimited outside storage); 3) a Specific Use Provision for a Recycling Salvage Yard (unlimited outside storage); and 4) a Variance to Section 4.35 of the Garland Development Code regarding the parking area landscaping. This property is located at 117 North Shiloh Road.  (File No. Z 17-14, District 6) (The applicant requests postponement to the August 21, 2018 Regular City Council meeting.)

BEING an approximate 9.39-acre tract of land situated in the John W. Keen Survey, Abstract No. 744, City of Garland, Collin County, Texas, and being all of that same tract of land as described in deed to Valley View Land Partnership, Ltd. recorded In Volume 2002117, Page 1053, Official Public Records, Dallas County, Texas. Approval of the request would allow redevelopment of the subject property with a recycling salvage yard with outdoor storage.
 
c.   Consider the application of Kimley-Horn, requesting approval of a Detail Plan for Elder Care - Independent Living, and Elder Care - Assisted Living on property zoned Planned Development (PD) District 17-28 for Mixed Uses. This property is located at 2255 Arapaho Road. (File No. Z 17-52, District 7) 

BEING an approximate 34.49-acre tract of land, situated in the Onofre Alvarado Survey, Abstract No. 2, City of Garland, Dallas County, Texas, and being part of a called 49.33 acre Tract No. 1 and part of a called 49.50 acre Tract No. 2 and part of a 49.33 acre Tract No. 3, described in Special Warranty Deed to Althec Partnership Ltd. recorded in Volume 2002049, Page 2378, Deed Records of Dallas County, Texas.  Approval of the request would allow for the development of two buildings with associated open space common areas; one building is intended for use as an Elder Care Independent Living use (senior apartments) and the other building is intended for use as Elder Care Assisted Living use (a residential facility wherein personal care such as feeding, dressing, movement, bathing or other personal care needs are provided).  
 
d.   Consider the application of OM Housing, requesting approval of 1) a Zoning Change from Community Retail (CR) District to a Planned Development (PD) District for Multi-Family Uses; and 2) a Detail Plan for Dwelling, Multi-Family.  This property is located at 1603 East IH-30. (File No. Z 18-10, District 3) (The applicant requests postponement to the August 21, 2018 Regular City Council meeting.)

BEING an approximate 5.84-acre portion of Lot 5, Block 1, Faulkner Point North No. 2, an addition to the City of Garland, Dallas County, Texas, according to the plat thereof recorded in Volume 93149, Page 8084, Map Records, Dallas County, Texas (M.R.D.C.T.). Approval of the request would allow the applicant to develop a portion of the subject property with an apartment complex.
 
e.   Consider the application of Charles Gojer & Assoc. requesting approval of 1) an Amendment to Planned Development (PD) 16-22 District for Community Retail Uses; 2) a Detail Plan for a Financial Institution; and 3) a Specific Use Provision for a Drive-Through Service. This property is located at 5005 North George Bush Turnpike. (File No. Z 18-29, District 1)

BEING an approximate 1.7-acre tract of land identified as Lot 3, Block 3, Firewheel Hotel Addition, an addition to the City of Garland, Dallas County, Texas, according to the plat recorded in instrument number 20070204435, Official Public Records, Dallas County, Texas (O.P.R.D.C.T.).  Approval of the request would allow the development of a bank with a drive-through.
 
f.   Consider the application of John Johnston, requesting approval of a variance to Chapter 2, Article 5, Section 2.55(A) of the Garland Development Code regarding the distance to a church, public school, or public hospital from an establishment that sells or serves alcoholic beverages.  This property is located at 601 West State Street.  (File No. BW 18-02, District 2)

BEING the East Fifty (50) feet of Lots 7,8,9 and 10, Block 11, of TOWN OF DUCK Creek (now City of Garland), Dallas County, Texas, according to the plat thereof, recorded in Volume 82, Page 352, Deed Records of Dallas County, Texas.  Approval of the request would allow a restaurant that serves alcoholic beverages within the required distance of 300 feet to a church from an establishment that serves alcoholic beverages.  
 
16. Consider appointments to Boards and Commissions.

Board members are selected for two-year terms by the City Council in August. Terms are usually staggered whereby at least half of the membership has board experience. Board members are appointed based on qualifications.
 
Mayor Lori Barnett Dodson
  • Alexis Ferrusquia - Garland Youth Council
  • Victoria Penick - Garland Youth Council 
 
Council Member David Gibbons 
  • Olivia Glick - Garland Youth Council
  • Jibran Haroon - Garland Youth Council 
 
  Council Member Deborah Morris
  • John Ball - Citizens Environmental and Neighborhood Advisory Committee
 
Council Member Jerry Nickerson
  • Brian Nguyen - Garland Youth Council 
  • Leah Tharakan - Garland Youth Council 
 
Council Member Jim Bookhout 
  • Esther Akapo - Garland Youth Council 
 
Council Member Robert Vera
  • Quenton Busby - Garland Youth Council 
 
Deputy Mayor Pro Tem Scott LeMay
  • Max Luna - Garland Youth Council 
  • Michelle Nguyen - Garland Youth Council 
 
17. Citizen comments.

Persons wishing to address issues not on the agenda may have three minutes to address Council at this time. Council is prohibited from discussing any item not posted according to the Texas Open Meetings Act.
 
18. Adjourn.

All Regular Council meetings are broadcast live on CGTV, Time Warner Cable Channel 16, and Frontier FIOS TV 44. Meetings are rebroadcast at 9:00 a.m. and 7:00 p.m. on Wednesday-Sunday and at 7:30 p.m. on Thursday. Live streaming and on-demand videos of the meetings are also available online at www.garlandtx.gov. Copies of the meetings can be purchased through the City Secretary’s Office – audio CD’s are $1 each and DVD’s are $3 each.