Agenda

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
February 5, 2019
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.

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.

Consider approval of the minutes of the January 15, 2019 Regular Meeting and January 24, 2019 Bond Work Session.

Consider approval of the following bids:

Skate Park Design/Build Services		Bid No. 1113-17

SPA Skateparks with New Line Skateparks	$170,000.00

This request is to provide Design/Build Services for the proposed Skate Park in Rick Oden Park.

Peripheral Equipment for Police Patrol Vehicles		Bid No. 0384-19

GT Distributors, Inc.	$192,912.45
Kustom Signals	24,646.74
Stop Stick, Ltd.	7,434.36
Motorola Solutions	14,169.00
Plastix Plus, LLC	61,790.00
TOTAL:	$300,952.55

This request is to upfit the new Police Department Tahoes with the equipment necessary to make them fully functioning patrol vehicles.

Repaving Design for Park Road and Parking Lots at Audubon Park Picnic Area		Bid No. 0420-19

Kimley-Horn and Associates, Inc.	$115,560.00
Optional Contingency	12,840.00
TOTAL:	$128,400.00

This request is to provide professional engineering design services for repaving the asphalt park road and parking areas at the Audubon Park Picnic Area, which is located between the Surf & Swim Swimming Pool and Duck Creek. This item includes an Optional Contingency for any additional work that may be required.

Shoreline Erosion Stabilization Design at Windsurf Bay Park		Bid No. 0419-19

Kimley-Horn and Associates, Inc.	$128,070.00
Optional Contingency	14,230.00
TOTAL:	$142,300.00

This request is to provide professional engineering design services for shoreline erosion stabilization design at Windsurf Bay Park. This item includes an Optional Contingency for any additional work that may be required.

Pedestrian/Bike Bridge Design at Duck Creek Greenbelt		Bid No. 0418-19

Kimley-Horn & Associates, Inc.	$114,480.00
Optional Contingency	12,720.00
TOTAL:	$127,200.00

This request is to provide professional engineering design services for two creek tributary crossings at Duck Creek. This item includes an Optional Contingency for any additional work that may be required.

Transmission Line Tree Trimming Services for GP&L and TMPA		Bid No. 0094-18

Nelson Tree Service	$667,014.00

This request is to provide tree trimming services for GP&L and TMPA transmission line rights-of-way.

Emergency Transmission Line Repair		Bid No. 0158-19

Chapman Construction Company, LP	$60,484.69

This request is to approve Change Order #1 for emergency restoration services to rebuild the Wynn Joyce to Miller Road double circuit 138kV transmission line segment on Wynn Joyce Road.

Foundation Construction for Dent Road Switching Station		Bid No. 0268-19

Rebcon, Inc.	$769,558.00

This request is to provide foundation construction services for the Dent Road 138kV Switching Station in accordance with engineering project drawings and specifications.

Grading Construction for Dent Road Switching Station		Bid No. 0306-19

Mann Robinson & Son	$942,282.66

This request is to provide grading construction services for the Dent Road 138kV Switching Station in accordance with engineering drawings and specifications as part of the approved Dent Road 138kV Switching Station CIP project.

Water and Paving Improvements for Broadway Boulevard, Intrepid Drive, and Syracuse Drive		Bid No. 0204-19

A&M Construction and Utilities, Inc.	$1,443,285.64

This request is to provide water and paving improvements along Broadway Boulevard from Merrimac Trail to Wynn Joyce Road, Intrepid Drive from Spindrift Passage to Windward Passage, and Syracuse Drive from Vanderbilt Drive to End.

Control House for Dent Road Switching Station		Bid No. 0237-19

(CTS) Crown Texas, Inc.	$728,206.95

This request is to purchase a Control House for the Dent Road 138kV Switching Station in accordance with engineering drawings and specifications.

Automated Irrigation Control System for Various Parks Locations		Bid No. 0415-19

Interspec, LLC	$230,212.00

This request is to expand the existing remote water management control systems for irrigation at various Parks locations.

Holding Tank for Surf and Swim Pool		Bid No. 0416-19

Sunbelt Pools	$187,775.00
Optional Contingency	17,225.00
TOTAL:	$205,000.00

This request is to replace the mechanical holding tank component of the circulation and filtration systems for Surf & Swim Wave Action Pool. An Optional Contingency is included for any additional work that may be required.

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.

At the February 4, 2019 Work Session, Council was briefed on the potential sale of property located at 802 E. Walnut Street. Staff recommends that the City Council accept the offer and sell the property to Mr. Liang. This property has been held by the City of Garland since 2017 and pursuant to Section 34.05 of the Texas Property Tax Code may be resold to a private entity with approval of the governing body. Consent of this sale has already been provided by Dallas County and the Garland Independent School District.

Consider an ordinance authorizing the issuance of “City of Garland, Texas, Electric Utility System Revenue Refunding Bonds, New Series 2019”, pledging the net revenues of the City’s electric utility system to the payment of the principal of and interest on said bonds; specifying the terms and conditions of such bonds; resolving other matters incident and related to the issuance, payment, security, sale and delivery of said bonds, including the approval and execution of a Paying Agent/Registrar Agreement, an Escrow Agreement and a Purchase Agreement; and the approval and distribution of a Preliminary Official Statement and an Official Statement; and providing an effective date.

At the December 3, 2018 Work Session, Council considered authorizing the refunding of approximately $133 million of Electric Utility System Drawdown Notes, Series 2016, approximately $24 million of Electric Utility System Commercial Paper Notes, Series 2018, and approximately $4 million of Electric Utility System Revenue Bonds, Series 2009 with Electric System Revenue Refunding Bonds, Series 2019. The purpose of this transaction is to refund and closeout the Electric Utility System Drawdown Notes, Series 2016, refund a portion of variable rate commercial paper notes with fixed rate long-term debt, and to generate savings in debt service.

Consider an ordinance amending certain sections of the Code of Ordinances of the City of Garland, Texas relating to fees and rates for water and sewer services provided by the City; providing a Savings Clause and a Severability Clause; and providing an effective date.

At the January 14, 2019 Work Session, the City Council reviewed a Policy Report recommending a phase in base rate increase for multi-family water and wastewater. Council approved a phase in rate of $11.52 for water and $4.27 for sewer beginning March 1, 2019 and implement the final rate adjustment on October 1, 2019 after a cost of service study is completed. For Council’s consideration is an amendment to Chapter 50 Utility Rates and Fees, Section 50.34 Water Service Rates and Section 50.35 Sewer Service Rates.

Approve by minute action an amendment to City Council policy requiring all boards, commissions, and Council committees to hold meetings at City Hall.

The Administrative Services Committee reported out the attached policy change at the January 14, 2019 Work Session. The policy amendment generally requires City boards, commissions, and Council committee meetings to be held at City Hall, with certain exceptions. The City Council indicated concurrence with the Committee's recommendation on the proposed amendment.

City Manager Employment Agreement

Council is requested to approve an employment agreement with Bryan L. Bradford to continue his employment in the position of City Manager.

City Attorney Employment Agreement

Council is requested to approve and employment agreement with Brad Neighbor to continue his employment in the position of City Attorney.

City Auditor Employment Agreement

Council is requested to approve an employment agreement with Jedson Johnson the position of City Auditor.

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.

10.

Consider amendments to Chapter 4, Article 5, “Signs” of the Garland Development Code.

Public hearing and consideration of amendments to Chapter 4, Article 5, “Signs” of the Garland Development Code (GDC) regarding changes to the sign regulations. Following review and recommendations from the Development Services Committee and Plan Commission, the City Council reviewed and discussed the amendments during the December 3, 2018 and January 7, 2019 City Council Work Sessions.

11.

Hold a public hearing on, and consider adopting, an ordinance providing for mandatory sterilization of dogs and cats.

Council is requested to hold a public hearing on proposed changes to Chapter 22 of the Code of Ordinances and thereafter consider adopting an ordinance that will provide for the mandatory sterilization of dogs and cats, subject to certain exceptions.

12.

Hold a public hearing on the proposed 2019 Bond Program

Hold a public hearing to obtain comments on the proposed 2019 Bond Program.

13.

Consider an ordinance ordering a general election for the City of Garland to be held on May 4, 2019 for the purpose of electing a Mayor and one Councilmember each to respectively represent Districts 3, 6, 7, and 8; ordering a general election for the purpose of submitting to the qualified voters of the City, for adoption or rejection, a proposition authorizing the sale of Bunker Hill Park and directing the use of the proceeds thereof; providing for a run-off election if needed; and providing for other matters relating to the conduct of the election.

The City Council is requested to consider an ordinance calling the general election for May 4, 2019 to elect a Mayor and representatives for Districts 3, 6, 7, and 8. Included in the proposed election order is a measure authorizing, if approved by the voters, the sale of Bunker Hill Park. That measure will also limit the use of proceeds from the sale to park purposes.

14.

Consider an ordinance ordering a bond election for the City of Garland to be held on May 4, 2019 for the purpose of submitting to the voters eight propositions authorizing the issuance of general obligation bonds for various permanent public improvements and public purposes, and providing for other matters relating to the conduct of the election.

The City Council is requested to consider an ordinance calling the 2019 bond election for May 4, 2019 to be held in conjunction with the general election. If approved, the bond election would authorize the issuance of general obligation bonds for streets, public safety, storm drainage, parks and recreation, libraries, economic development, an animal shelter, and other municipal facilities.

15.

Hold a public hearing on:

Consider the application of Eco-Site, LLC, requesting approval of a Specific Use Provision for a Commercial Antenna on a property zoned Community Retail (CR) District. This property is located at 1921 North Plano Road. (File No. Z 18-39, District 6) (This case was postponed from the December 18, 2018 Regular City Council meeting.)

BEING an approximate 0.0385-acre tract of land, lying in and being a part of Lot 1, Block 1, Forest Ridge No. 5 Addition, in the City of Garland, Dallas County, Texas, and being a portion of the lands owned by JJJ & K Corporation, as recorded in Instrument Number 200600349799, Dallas County. The applicant previously proposed to build an 80-foot tall telecommunication tower with antennae and equipment enclosed in a clock tower design, with a 10-foot tall lightning rod on top of the enclosed telecommunication tower. The applicant has revised the proposal to a 75-foot tall “popsicle stealth” tower design including appurtenances.

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.

17.

Mayor Pro Tem Rich Aubin

Jason Lain - Board of Adjustment

18.

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.

19.

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.

GARLAND PLANNING REPORT

City Council Regular Session Agenda		Agenda Item 15.a.
Meeting Date:	02/05/2019
Item Title:	Z 18-39 Eco-Site, LLC. (District 6)
Submitted By:	Nabiha Ahmed, Development Planner

REQUEST
Approval of Specific Use Provision for a Commercial Antenna, on a property zoned Community Retail (CR) District.
OWNER
JJJ&K Corp.
PLAN COMMISSION RECOMMENDATION
On November 26, 2018 the Plan Commission, by a vote of five (5) to four (4), recommended denial of a Specific Use Provision for a Commercial Antenna on a property zoned Community Retail (CR) District.
STAFF RECOMMENDATION
Denial of a Specific Use Provision for a Commercial Antenna on a property zoned Community Retail (CR) District. The applicant has presented a “modified stealth” design that is intended to provide a more aesthetic appearance than a typical cellular tower design, as was originally submitted with this application. However, given the compact nature of the developed site and the proposed total height of 75 feet (the requested height was reduced from a total height of 90 feet to 75 feet after the Plan Commission meeting) which far exceeds the height of surrounding and nearby buildings, staff finds the proposal incompatible with the immediate surrounding area.
BACKGROUND
In 2006, City Council approved a Specific Use Provision (S 06-70) for a Retail Sales with Gas Pumps use for a period of twenty (20) years. The applicant intends to lease 0.0385 acres of the property to build a 75-foot tall (including the appurtenances) commercial antenna/telecommunications tower support structure. The lease area is currently planted with grass and trees. At the November 26, 2018 Plan Commission meeting, the applicant presented a proposal for a 90-foot tall (including the appurtenances) commercial antenna/telecommunications tower support structure, to which the Plan Commission recommended denial with a five (5) to four (4) vote. The City Council postponed the request from the December 18, 2018 City Council meeting to the February 5, 2019 City Council meeting.
SITE DATA
The subject site (overall site) contains approximately 0.92 acres in total area and is developed with a retail sales with gas pumps use, an ice kiosk and a retail store. The lease area is approximately 0.0385 acres. The lease area has no street frontage but it has street access through the overall site to Buckingham Road and North Plano Road.
USE OF PROPERTY UNDER CURRENT ZONING
The lease site is zoned Community Retail (CR) District which is intended to accommodate a variety of retail, service, and business establishments that may or may not be designed in a shopping center configuration. The district may be used as a transition district between lower intensity retail or office uses and more intense uses. A CR District is generally appropriate along major transportation corridors but is generally not appropriate in proximity to low density residential districts without significant buffering and screening features. The overall property was granted a Specific Use Provision in 2006 for continued use of Retail Sales with Gas Pumps (gas station use), case Z 06-70. The development of commercial antenna support structures (commonly referred to in this case as the popsicle design telecommunication tower) in a nonresidential zoning district are allowed by right if they do not exceed the maximum building height allowed for the zoning district in which they are located. However, when the structure is in excess of the height allowed in the zoning district then the Garland Development Code requires approval of a Specific Use Provision through a public hearing process.
CONSIDERATIONS
Specific Use Provision The applicant presented a 90-foot tall clock design stealth tower (Exhibit H) to the Plan Commission on November 26, 2018. The applicant has revised the tower type from a clock “stealth” design (Exhibit H) to a “popsicle stealth” design (Exhibit E). The proposed height has also been changed from 90 feet to 75 feet. The “popsicle” design tower and associated equipment will be enclosed by a green vinyl coated chain link fence along with vegetation around the coated chain link fence within a lease area of approximately 0.0385 acres. The applicant is proposing to place a lightning rod on top of the tower. The lightning rod is included in the total height of seventy-five (75) feet. The proposed height is not allowed in the Community Retail (CR) District without approval of a Specific Use Provision. The maximum allowed height in the Community Retail (CR) District is thirty-five (35) feet. The initial installation will have six (6) antennas per carrier. Three carriers will be provided. The carriers will have the ability to mount up to eighteen (18) antennas. The first carrier is known [T-Mobile] but the other two carriers are undetermined at this time. Section 2.65 (D) of the GDC states that freestanding commercial antenna support structures must be a minimum distance of five thousand feet from another wireless telecommunications antenna. The applicant requested a variance from the Board of Adjustment and that was approved in March 2018. Section 2.65 (C) of the GDC states no commercial antenna support structure may be closer to any residential district boundary line or the residential dwelling property line than a distance equal to three times the height of the support structure. Based on this ratio, a seventy-five (75) foot tall commercial antenna support structure must be placed a minimum of 270 lineal feet from a single-family zoning district boundary line. The existing tower is approximately 330 feet from the nearest single-family zoning district boundary line, which is south of the subject property. Section 2.65 (M) of the GDC states that support buildings and storage areas or buildings must be screened from public view by a dense, opaque, evergreen landscaped screen with an initial planting height of three feet, and which will attain an ultimate height of six feet at maturity. A six-foot solid masonry wall may be used in lieu of the landscaped screen provided exterior finish materials are compatible with nearby structures. The use of a wood fence for screening is prohibited, ornamental iron or coated chain link may only be used in conjunction with a landscaped screen as specified above. The applicant proposed an eight (8)-foot masonry screening wall to the Plan Commission. Following the Plan Commission meeting, the applicant's proposal was amended to propose an eight (8)-foot green vinyl coated chain link fence along with twenty-nine (29) shrubs around the chain link fence. The applicant is requesting that the Specific Use Provision be granted for an indefinite time period.
COMPREHENSIVE PLAN
The Future Land Use Map of the Envision Garland Plan recommends Neighborhood Centers for the subject property. Neighborhood Centers provide a mix of retail, services and community gathering places appropriately scaled to adjacent residential areas. This type of center is predominately, but not exclusively non-residential. Neighborhood Centers are served by local roads and transit routes.
COMPATIBILITY OF REQUEST WITH SURROUNDING ZONING AND LAND USES
The properties to the north across West Buckingham Road are commercial development and are within the Richardson city limits. The properties to the east across North Plano Road are zoned Community Retail (CR) District and are developed with an auto repair shop and a dental clinic. The properties to the south are zoned Community Retail (CR) District and are developed with auto repair shops and retail uses. The property to the west is zoned Community Retail (CR) District and is developed with an eye care clinic.

Attachments
Z 18-39 Eco-Site, LLC. Attachments and Exhibits
Z 18-39 Eco-Site, LLC. Responses
Z 18-39 Eco-Site, LLC. Staff Presentation