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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 
September 18, 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.

 
 
 
             
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 September 4, 2018 Regular Meeting.
 
2.   Consider approval of the following bids:
 
a.  
Walnut Street Pedestrian Corridor (Heritage Crossing - Phase II)    Bid No. 0672-18
     
E.J. Smith Construction Company, LLC $563,579.75  

This request is for the construction of the Base Bid (Southeast Quadrant) of the Walnut Street Pedestrian Corridor (Heritage Crossing) project.
 
b.  
Cargo Trailers   Bid No. 1085-18
     
Magnum Trailers $114,261.00  

This request is for the purchase of five replacement and two new Cargo Trailers to be used by the Street Department in their daily operations.
 
c.  
GP&L Shiloh 6 Distribution Line Reconstruction    Bid No. 0851-18
     
Irby Construction Company $776,391.20  
Optional Contingency 54,891.00  
TOTAL: $831,282.20  

This request is to obtain labor and equipment necessary for the partial reconstruction of the Shiloh 6 Distribution Line.
 
d.  
Replacement Tractor for Parks Department    Bid No. 1119-18
     
Landmark Equipment $116,632.00  

This request is to purchase a New Holland Tractor with an Alamo 20' 9" Interstater Mower attachment to be used by the Parks, Recreation & Cultural Arts Department in their daily operations.
 
e.  
Replacement Vehicles for Various Departments    Bid No. 1126-18
     
Sam Pack's Five Star Ford $115,168.38  

This request is to purchase four replacement vehicles:  a cargo van for Facilities Management; a cargo van for Parks, Recreation & Cultural Arts; an SUV for Stormwater Management; and a sedan for Health.
 
f.  
Ready Mix Concrete    Bid No. 1039-18
     
Cooper Concrete $2,146,850.00  

This request is to provide delivery of ready mix concrete products to various Street Department construction projects throughout the city. 
 
g.  
School Flasher System Upgrade   Bid No. 1135-18
     
Consolidated Traffic Controls, Inc.  $248,402.00  
Consolidated Traffic Controls, Inc.  154,197.50  
TOTAL: $402,599.50  

This request is to replace the outdated pager based school flasher system that is no longer functional.
 
h.  
Shiloh Road Widening from I.H. 635 to Kingsley Road    Bid No. 0800-18
     
Ragel, Inc. $23,658,909.98  

This request is to widen Shiloh Road from a four-lane divided thoroughfare to a six-lane divided thoroughfare.
 
i.  
Traffic Signal Installation and Modernization    Bid No. 0997-18
     
Bean Electrical, Inc.  $1,049,832.75  

This request is to provide Traffic Signal Installation and Modernization Services on an as-needed basis.
 
j.  
Service and Support to Upgrade the Police Computer-Aided Dispatch (CAD)   Bid No. 1128-18
     
Hexagon Safety and Infrastructure  $401,971.21  

This request is to provide service and support to upgrade the Police Computer-Aided Dispatch (CAD). 
 
k.  
GP&L Pump Repair and Reconditioning Services    Bid No. 0930-18
     
Anytime Pump Repair Service Company $175,000.00  

This request is to obtain as-needed pump repair and reconditioning services for all GP&L locations.
 
l.  
Property Insurance   Bid No. 0987-18
     
Princeton Excess & Surplus Lines Insurance Company
(McGriff Siebels & Williams)		 $821,162.00  
Add Terrorism Coverage 36,750.00  
TOTAL: $857,912.00  

This request is to provide property insurance for various City-owned properties.
 
m.  
Police Headquarters Erosion Repairs   Bid No. 1026-18
     
Custard Construction Services $107,404.45  
Optional Contingency 10,000.00  
TOTAL: $117,404.45  

This request is to provide roof drainage and erosion control improvements at the Police Headquarters.  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 18-28, Dinh Nguyen (District 8) 

Consider an ordinance amending the Garland Development Code of the City of Garland, Texas, by approving a Zoning Change from Agricultural (AG) District to Community Retail (CR) District on a 1.56-acre tract of land located at 2105 Crist 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 an ordinance amending the tax roll of the City of Garland, Texas and providing an effective date.

At the September 4, 2018 City Council Work Session, Council was briefed on the annual amendment to the tax roll. The amendment to the roll is supported by City Charter Article IX, Section 3 and the Texas Property Code Section 33.05. If approved the amendment will remove $93,797.52 of uncollectible tax debt from the roll. Amendment of the tax roll is necessary in order to meet generally accepted accounting principles, avoid overstating accounts receivables and to avoid the potential risk of an unfavorable audit opinion.
 
5.   Consider an ordinance authorizing the issuance of “City of Garland, Texas, Tax Notes, Series 2018”; specifying the terms and features of said notes; levying a continuing direct annual ad valorem tax for the payment of said notes; and resolving other matters incident and related to the issuance, sale, payment and delivery of said notes, including the approval and execution of a Paying Agent/Registrar Agreement and a Purchase Letter; and providing an effective date.

At the August 20, 2018 Work Session, Council considered authorizing the issuance of tax notes in the amount of $12,195,000.
 
6.   Consider an ordinance of the City Council of the City of Garland, Texas, approving a negotiated settlement between the Atmos Cities Steering Committee (“ACSC”) and Atmos Energy Corp., Mid-Tex Division regarding the company's 2018 rate review mechanism filings; declaring existing rates to be unreasonable; adopting tariffs that reflect rate adjustments consistent with the negotiated settlement; finding the rates to be set by the attached settlement tariffs to be just and reasonable and in the public interest; approving an attached exhibit establishing a benchmark for pensions and retiree medical benefits; approving an attached exhibit regarding amortization of regulatory liability; requiring the company to reimburse ACSC’S reasonable ratemaking expenses; determining that this ordinance was passed in accordance with the requirements of the requirements of the Texas Open Meetings Act; adopting a Savings Clause; declaring an effective date; and requiring delivery of this ordinance to the company and the ACSC’S legal counsel. 

At the September 4, 2018 Work Session, Council considered a settlement agreement with Atmos Energy Mid-Tex Division (“Atmos Mid-Tex”) and the resulting rate change under the Rate Review Mechanism (RRM) tariff.
 
7.   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 Notewise Investments, LLC. This property has been held by the City of Garland since 2008 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. 
 
8.   Consider a resolution establishing a Downtown Historic Commercial Facade Improvement Grant Program; limiting the source of program funding; and providing an effective date. 

The City desires to enhance economic development activity and commercial revitalization within the historic downtown area by creating a cost-sharing program through which the owners of eligible commercial property within a designated area may receive reimbursement for up to 50% of eligible costs of improving the facades of buildings located within the designated historic downtown area. 
 
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.
 
 
9.   Bond Study Committee Appointments 

In accordance with the City Charter, Article X - Section 3, the Council will consider the appointment of a Bond Study Committee.  In appointing these members, the Council also issues the attached instructions to the Committee.

Mayor Lori Barnett Dodson
  • Ronald Jones
  • Stephen Stanley
  • Tony Torres 

Council Member David Gibbons
  • Jonathan Kelly
  • Martin Glenn

Council Member Deborah Morris
  • Mary Brumbach
  • Koni Kaiwi

Council Member Jerry Nickerson
  • David Perry
  • Jerry Carter

Council Member Jim Bookhout
  • Molly Bishop
  • Mike Plumlee

Mayor Pro Tem Rich Aubin
  • Laura Perkins Cox
  • John Willis

Council Member Robert Vera
  • David Morehead
  • Susan Vaden

Deputy Mayor Pro Tem Scott LeMay
  • Joe Thomas
  • Dylan Hedrick

Council Member Robert John Smith
  • Hank Beidleman
  • Bob Duckworth 
 
10.   Request for Development Assistance from Kirchhoff Automotive Dallas, Inc.

Council is requested to consider a development incentive request from Kirchhoff Automotive Dallas, 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.
 
11.   Hold a public hearing regarding the 2018-18 Proposed Budget 

Section 5, Article VII, of the City Charter requires that a Public Hearing be held on the Proposed Budget for the coming fiscal year.  At the Public Hearing, all interested persons shall be given an opportunity to be heard for or against any item contained in the Proposed Budget.  The Proposed Budget for 2018-19 has been available for public inspection in the City libraries, in the City Secretary's Office and on the City's website since August 8, 2018.  Previous Public Hearings were held on August 21 and September 4, 2018.

This budget will raise more total property taxes than last year's budget by $8,354,149 or 8.65% and of that amount $2,124,981 is tax revenue to be raised from new property added to the tax roll this year. 
 
12.   Hold a public hearing regarding the Proposed 2018-19 Tax Rate

The Texas Property Tax Code, Section 26.05 (d), provides that a governing body may not adopt a tax rate that exceeds the lower of the rollback tax rate or the effective rate until the governing body has held two public hearings on the proposed tax rate and has otherwise complied with Section 26.06 and Section 26.065.  The 2018-19 Proposed Budget is based on a tax rate of 70.46 cents per $100 of valuation, which does exceed the effective tax rate of 65.35 cents due to a 7.82% increase in taxable values.  Previous public hearings were held on August 21 and September 4, 2018.
 
13.   Adoption of the 2018-19 Budget 

In accordance with the City Charter, the City Manager presented his recommended Budget for fiscal year 2018-19 to the City Council on August 7, 2018.  Copies were made available for public inspection at the City libraries, at the City Secretary's Office and on the City's website.  Public hearings were held on August 21, September 4, and September 18, 2018.  An ordinance reflecting final decisions regarding the Budget for 2018-19 and revised budgets will be prepared for the Mayor's signature upon final direction from the City Council.
 
14.   Adoption of 2018-19 Property Tax Rate 

The City Council has considered an Ad Valorem Tax Rate of 70.46 cents per $100 of valuation for the fiscal year beginning October 1, 2018.  All meetings, notices and public hearing requirements related to the adoption of the Tax Rate have been met in accordance with State law.  Council is requested to consider approving an ordinance setting the Ad Valorem Tax Rate at 70.46 cents per $100 of valuation for 2018-19.
 
15.   Rate and Fee Changes for 2018-19

In considering the 2018-19 Proposed Budget, the City Council reviewed the adjustments to existing rates and fees.  Revenue estimates included in the 2018-19 Proposed Budget are based on these actions.  An ordinance will be prepared for the Mayor's signature once final direction has been given by the City Council.
 
16.   Consider an ordinance of the City of Garland, Texas, establishing civil service classifications within the Police and Fire Departments; prescribing the number of positions in each classification; prescribing the base salary and types of pay for those classifications; and providing an effective date. 
 
Pursuant to Chapter 143 of the Local Government Code of Texas, the City Council must establish the civil service classifications in the Police and Fire Departments, the number of positions in each classification, the base salary and the types of incentive pays for each classification.
 
17.   Hold public hearings on:
 
a.   Consider the application of Kimley-Horn & Associates, Inc., requesting approval of a Specific Use Provision for an Electric Substation use on a property zoned Planned Development (PD) District 17-35 for Mixed Use.  This property is located at 1613 Lookout Road. (File No. Z 18-27, District 1) 

BEING a portion of a tract of land in the HENRY McCULLOUGH SURVEY, Abstract No. 901, situated in the City of Garland, Dallas County, Texas and being a part of Lots 23 through 31 and all of Lots 32, through 35 of POTO' GOLD GARDENS,  an addition to the City of Garland, Dallas County, Texas according to the Map thereof recorded in Volume 17, Page 79 of the Map Records of Dallas County, Texas; embracing all of the 3.98 acre tract of land described in the deed to Robson/35W Investors, L.P. as recorded in Instrument No. 201500076819 of the Official Public Records of Dallas County, Texas.  Approval of the request would allow the applicant to develop the site for an electrical substation use for Oncor (approximately 1.9 acres) and Garland Power and Light (approximately 2.0 acres), in concurrence with an adjacent site planned for data center use.
 
b.   Consider the application of Huckabee, requesting approval of 1) Amendments to Planned Development (PD) 94-53 for Single-Family-7 Uses and 2) a Detail Plan for Athletic Events Facility, Indoor.  This property is located at 2585 Firewheel Parkway.  (File No. Z 18-30, District 1) (This case was postponed from the September 4, 2018 Regular City Council meeting.) 

BEING an approximate 19-acre tract of land situated in the Daniel Crist Survey, Abstract No. 226, City of Garland, Dallas County, Texas, and being part of a called 27.000-acre tract conveyed to the Garland Independent School District by deed recorded in Volume 98053, Page 2307, Deed Records of Dallas County, Texas.  Approval of the request would allow the applicant to build a natatorium for the Garland Independent School District.
 
c.   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) (This case was postponed from the August 7, 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 the applicant to redevelop the subject property with a recycling yard with outdoor storage.
 
d.   Consider the application of Spiars Engineering, Inc., requesting approval of 1) a Change in Zoning from Agriculture (AG) District to a Planned Development (PD) District for Single-Family Uses; and 2) a Concept Plan as a prelude to a required Detail Plan to be filed and reviewed at a later date for Dwelling, Single-Family.  This property is located at 3000 South Country Club Road.  (File No. Z 18-37, District 3)

BEING a tract of land situated in the J. Little Survey, Abstract No. 761, City of Garland, Dallas County, Texas, the subject tract being a portion of a tract of land conveyed to Eastern Hills Country Club according to the deed recorded in Volume 4194, Page 610 of the Deed Records, Dallas County, Texas (DRDCT), the subject tract being more particularly described as follows:  BEGINNING at the inset southwesterly corner of Kensington Gardens No. 2, an addition recorded in Instrument No. 20080036717 of the Official Public Records, Dallas County, Texas (OPRDCT), for the most northerly corner of the subject tract; THENCE S 44°56'33" E, 1415.00 feet along the lower southwest line of Kensington Gardens No. 2, passing the south corner thereof and then along the southwest corner of a tract conveyed to the City of Dallas, recorded in Volume 68033, Page 535, and Volume 68029, Page 536 DRDCT; THENCE N 41°23'58" E, 361.00 feet along the common line thereof; THENCE S 76°50'59" E, 266.00 feet along the common line thereof; THENCE N 43°24'01" E, 147.00 feet along the common line thereof to the west corner of a tract conveyed as Tract I to the City of Dallas, recorded in Volume 69184, Page 652 DRDCT; THENCE S 60°51'10" E, 454.00 feet along the common line thereof; THENCE S 12°06'33" E, 252.80 feet along the common line thereof; THENCE S 33°08'28" E, 362.80 feet along the common line thereof to the south corner thereof and being on the northwest line of a tract conveyed to the City of Dallas, recorded in Cause Nos. 45937-C and 68-2807-C; THENCE S 43°02'23" W, 142.10 feet along the common line thereof; THENCE S 43°11'37" W, 201.20 feet along the common line thereof; THENCE S 42°27'32" W, 61.52 feet along the common line thereof to the east corner of a tract conveyed as Tract II to the City of Dallas, recorded in Volume 69184, Page 652 DRDCT; THENCE N 75°31'29" W, 125.01 feet along the common line thereof; THENCE S 51°08'04" W, 157.97 feet along the common line thereof; THENCE S 20°20'17" W, 346.88 feet along the common line thereof to the northwest line of Club Creek Addition, an addition recorded in Volume 84185, Page 2019 DRDCT; THENCE S 43°49'17" W, 95.57 feet along the common line thereof; THENCE S 43°48'26" W, 1403.06 feet along the common line thereof to the east corner of a tract conveyed to Helen R. Partain, recorded in Volume 2005069, Page 12666 DRDCT; THENCE N 46°11'49" W, 12.00 feet along the common line thereof; THENCE S 55°06'32" W, 168.33 feet along the common line thereof to the north corner of a tract conveyed to George Broussard, recorded in Volume 2005095, Page 7198 DRDCT; THENCE S 45°04'26" W, 270.08 feet along the common line thereof and the common line of a tract conveyed to Don Payne, recorded in Volume 2005095, Page 7193 DRDCT, and the common line of a tract conveyed to Jerry Reynolds, recorded in Volume 2005095, Page 7203 DRDCT, to the north corner of a tract conveyed to J.D. Harvey, recorded in Volume 2005095, Page 7188 DRDCT, and being the east corner of a tract conveyed to J.D. Harvey, recorded in Instrument No. 200503602932 OPRDCT; THENCE N 46°24'56" W, 63.00 feet along the common line thereof; THENCE S 79°32'00" W, 198.39 feet along the common line thereof to the north corner of Eastern Hills Estates No. 9, an addition recorded in Volume 71201, Page 2114 DRDCT; THENCE S 46°09'03" W, 865.00 feet along the common line thereof; THENCE N 72°46'50" W, 553.73 feet along the common line thereof, passing the northwest corner thereof and an easterly corner of Eastern Hills Estates No. 4, an addition recorded in Volume 31, Page 169 DRDCT; THENCE N 16°24'20" W, 163.68 feet along the common line thereof; THENCE N 24°05'40" E, 400.00 feet along the common line thereof; THENCE N 10°09'00" E, 866.07 feet along the common line thereof; THENCE N 74°21'00" W, 173.00 feet along the common line thereof to the east line of Country Club Road, a public right-of-way; THENCE along the common line thereof, around a non-tangent curve to the left having a central angle of 17°35'57", a radius of 613.69 feet, a chord of N 04°08'11" E - 187.76 feet, an arc length of 188.50 feet to the southwest corner of Lot 8, Block 27, Eastern Hills Estates No. 7, 4th Section, an addition recorded in Volume 73082, Page 786 DRDCT; THENCE N 26°46'18" E, 401.31 feet along the common line thereof; THENCE N 36°21'28" W, 371.79 feet along the common line of said Lot 8, and along the east line of Lot 7, Block 27, Eastern Hills Estates No. 7, 3rd Section, an addition recorded in Volume 71073, Page 1991 DRDCT, and along the east line of Lots 6 and 5, Block 27, Eastern Hills Estates No. 7, an addition recorded in Volume 46, Page 149 DRDCT, to the northeast corner of said Lot 6 and being the southeast corner of Lots 4 through 1, Block 27, Eastern Hills Estates No. 7, 2nd Section, an addition recorded in Volume 67216, Page 1847 DRDCT; THENCE N 52°17'46" W, 285.00 feet along the common line thereof to the easterly south corner of Country Club Estates No. 7, an addition recorded in Volume 74245, Page 674 DRDCT; THENCE N 44°26'48" E, 400.00 feet along the common line thereof; THENCE N 13°47'14" W, 159.53 feet along the common line thereof to the southwest corner of a tract conveyed to William Sefzik, recorded in Instrument No. 201100098611 OPRDCT; THENCE N 46°28'26" E, 315.56 feet along the common line thereof and the common line of a tract conveyed to John P. Boylan, recorded in Instrument No. 200600404824 OPRDCT, to the south corner of Country Club Park Estates, an addition recorded in Volume 73018, Page 707 DRDCT; THENCE N 45°11'46" E, 1185.37 feet along the common line thereof, passing the east corner thereof and the westerly south corner of said Kensington Gardens No. 2, continuing along the common line thereof to the POINT OF BEGINNING with the subject tract containing 7,742,723 square feet or 177.748 acres of land. Approval of the request would allow the applicant to develop a residential subdivision with a maximum of 300 residential lots.
 
18.   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
  • Mark Tyler - Unified Building Standards Commission 
  • David Perry - Property Standards Board
 
  Council Member Robert Vera 
  • Jacobe Chandler - Community Multicultural Commission 
 
19.   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.
 
20.   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.
 
 

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