Printed 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
August 15, 2023
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.

NOTICE: The City Council may recess from the open session and convene in a closed executive session if the discussion of any of the listed agenda items concerns one or more of the following matters:

(1) Pending/contemplated litigation, settlement offer(s), and matters concerning privileged and unprivileged client information deemed confidential by Rule 1.05 of the Texas Disciplinary Rules of Professional Conduct. Sec. 551.071, Tex. Gov't Code.

(2) The purchase, exchange, lease or value of real property, if the deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third person. Sec. 551.072, Tex. Gov't Code.

(3) A contract for a prospective gift or donation to the City, if the deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third person. Sec. 551.073, Tex. Gov't Code.

(4) Personnel matters involving the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee or to hear a complaint against an officer or employee. Sec. 551.074, Tex. Gov't Code.

(5) The deployment, or specific occasions for implementation of security personnel or devices. Sec. 551.076, Tex. Gov't Code.

(6) Discussions or deliberations regarding commercial or financial information that the City has received from a business prospect that the City seeks to have to locate, stay, or expand in or near the territory of the City and with which the City is conducting economic development negotiations; or to deliberate the offer of a financial or other incentive to a business prospect of the sort described in this provision. Sec. 551.087, Tex. Gov't Code.

(7) Discussions, deliberations, votes, or other final action on matters related to the City's competitive activity, including information that would, if disclosed, give advantage to competitors or prospective competitors and is reasonably related to one or more of the following categories of information:

generation unit specific and portfolio fixed and variable costs, including forecasts of those costs, capital improvement plans for generation units, and generation unit operating characteristics and outage scheduling;
bidding and pricing information for purchased power, generation, and fuel, and Electric Reliability Council of Texas bids, prices, offers, and related services and strategies;
effective fuel and purchased power agreements and fuel transportation arrangements and contracts;
risk management information, contracts, and strategies, including fuel hedging and storage;
plans, studies, proposals, and analyses for system improvements, additions, or sales, other than transmission and distribution system improvements inside the service area for which the public power utility is the sole certificated retail provider; and
customer billing, contract, and usage information, electric power pricing information, system load characteristics, and electric power marketing analyses and strategies. Sec. 551.086; Tex. Gov't Code; Sec. 552.133, Tex. Gov't Code]

Image of Strategic Plan Summary FOR COUNCIL AGENDA ( Regular Meeting Cover Sheet)

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 August 1, 2023 Regular Meeting.

Consider approval of the following bids:

GP&L Lookout to NTT Connect Project Materials

Bid No. 0569-23

MVA Power, Inc.

543,635.59

Optional Contingency

54,363.56

597,999.15

This request is for purchasing steel structures and associated materials needed to connect NTT transformers to the GP&L Lookout Substation as part of NTT's data center expansion. This is part of the approved Lookout to NTT Connect CIP project. An optional contingency is included for any additional materials that may be required.

GP&L Boiler Maintenance and Repair Services

Bid No. 0804-23

Hi-Tech Industrial Services, LLC.

1,050,000.00

This request is to provide as-needed boiler maintenance and repair services at the GP&L Olinger and Spencer Power Plants. This approval is for a term agreement with three (3) optional renewals.

GP&L CO2 Analyzer Rental

Bid No. 0790-22

Air Hygiene International, Inc.

36,000.00

This request is to approve a change order to extend the rental period for CO2 Analyzers at the Spencer Plant. The rental period was extended due to delivery delays of replacement analyzers associated with the approved Spencer CEMS Analyzer replacement CIP project.

GP&L Girvin Switch to Greasewood II Hardware Materials

Bid No. 0925-23

KBS Electrical Distributors, Inc.

438,290.52

Optional Contingency

43,829.05

TOTAL:

482,119.57

This request is for the purchase of hardware and associated materials to construct the GP&L Girvin Switch to Greasewood II 345kV Transmission Line. This is part of the approved Girvin to Greasewood II 345kV Transmission Line CIP project. An optional contingency is included for any additional materials that may be required.

TMPA Dansby to Steep Hollow Transmission Line Hardware Materials

Bid No. 0938-23

KBS Electrical Distributors, Inc.

367,234.03

Optional Contingency

36,723.40

TOTAL:

403,957.43

This request is for the purchase of hardware materials needed for the rebuild of the TMPA Dansby to Steep Hollow Transmission Line. This is part of the approved TMPA Dansby to Steep Hollow Rebuild CIP project and will be reimbursed to GP&L at 100%. An optional contingency has been included for any additional materials that may be required.

GP&L and TMPA Transmission Relay and Communications Equipment

Bid No. 0901-23

Schweitzer Engineering Laboratories, Inc.

350,000.00

The purpose of this bid award is for the as-needed purchase of SEL relay and communication equipment to be used in GP&L and TMPA transmission facilities. This will be an initial term contract with four optional renewals.

Wastewater Mains Replacement

Bid No. 0732-22

Tri-Con Services, Inc.

112,968.71

The request is to approve a change order for the Sam Houston to Mill Pond and Village Green to Richland wastewater mains replacement. The change order is necessary due to the length of the 4-inch sanitary sewage service lines exceeding the expected length per connection. The removal and replacement of paving and drainage channel also exceeded estimated costs due to actual field conditions.

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.

Z 22-72, Val Gutierrez (District 6)

Consider an ordinance amending the Garland Development Code of the City of Garland, Texas, by approving a Specific Use Provision for a Truck/Bus Repair Use on a 0.937-acre tract of land located at 4003 Miller Park Drive and zoned Industrial (IN) District; 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 Notice of Conditions of Compliance Clause; providing a Savings Clause and a Severability Clause; and providing an effective date.

Z 23-21, Will Bohls (District 8)

Consider an ordinance amending the Garland Development Code of the City of Garland, Texas, by approving a Specific Use Provision for a Building/Garden Materials Sales & Storage (Wholesale) use on a 0.99-acre tract of land located at 543 North Fifth Street and zoned Downtown (DT) District, Uptown Sub-District; 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 Notice of Conditions of Compliance Clause; providing a Savings Clause and a Severability Clause; and providing an effective date.

Consider a resolution authorizing the City Manager to execute a Project Specific Agreement with Dallas County for Transportation Improvements on Jupiter Road

The City of Garland entered into a Master Interlocal Agreement with Dallas County that provides for a 50/50 cost share participation program for maintenance and repairs on certain qualifying roadways in the City. The Project Specific Agreement for maintenance and repairs to Jupiter Road establishes a total estimated cost of $4,100,000, with the cost to be split equally between the City and County.

Consider a resolution for a Project Specific Agreement with Dallas County (County) for class B roadway improvement project

Consider and take appropriate action to authorize the City Manager or their designee to execute the attached Project Specific Agreement with the County for Project Specific Agreement.

Garland Development Code Ordinance 1.51 – Engineering Review and Inspection Fee

Consider and take appropriate action to assess an Engineering Review and Inspections Fee for all private development that includes public works improvements as part of the development.

Proposed Part-time Associate Judge Appointment

Consider and take appropriate action regarding a proposal to enter into a contract with Donna Winfield in her capacity as an Associate Judge to fulfill temporary duties of the full time judges during necessary absences.

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.

Public Hearing on Proposed FY 2023/2024 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 voter approval rate or the no new revenue tax rate until the governing body has held a public hearing on the proposed tax rate and has otherwise complied with Section 26.06 and Section 26.065 of the Texas Property Tax Code. The 2023-2024 proposed budget is based on a tax rate of 68.9746 cents per every $100 of valuation, which exceeds the no new revenue tax rate of 63.6388 cents per every $100 of value.

Public Hearing on 2023-24 Proposed Budget

Section 5, Article VIII, 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 allowed to be heard for or against any item contained in the Proposed Budget.

10.

Hold public hearings on:

Consider a Zoning request by Fred A. Gans to construct garage condominiums ("Garages of America"), with automobile repair, office, storage/warehouse and retail use. The site is located at 4653, 4645, 4625 and 4695 North President George Bush Turnpike in District 1.

Consideration of the application of Fred A. Gans, requesting approval of an Amendment to Planned Development (PD) District 87-1 for Community Office (CO) Uses to allow a Garage Condominium, Automobile Repair, General Office, Contractor's Office/Warehouse (indoors only) and Retail Use. This property is located at 4653, 4645, 4625 and 4695 North President George Bush Turnpike. (File Z 23-17, District 1)

Consider a Detail Plan request by Fred A. Gans to construct garage condominiums ("Garages of America"), with automobile repair, office, storage/warehouse and retail use. The site is located at 4653, 4645, 4625 and 4695 North President George Bush Turnpike in District 1.

Consideration of the application of Fred A. Gans, requesting approval of a Detail Plan for a Garage Condominium, Automobile Repair, General Office, Contractor's Office/Warehouse (indoors only) and Retail Use. This property is located at 4653, 4645, 4625 and 4695 North President George Bush Turnpike. (File Z 23-17, District 1)

Consider a Zoning request by Jake Finch, Cascade Companies to rezone the property from Agricultural (AG) District to Single-Family Attached (SFA) District to allow townhouses. The site is located at 613 and 615 Rowlett Road in District 4.

Consideration of the application of Jake Finch, Cascade Companies, requesting approval of a Change in Zoning from Agricultural (AG) District to Single-Family Attached (SFA) District. This property is located at 613 and 615 Rowlett Road. (File Z 23-22, District 4)

Hold a public hearing and consider a Municipal Setting Designation ordinance request by 1901 W Northwest Highway, LLC. The site is located at 1901 Northwest Highway in District 5.

Discuss and consider an ordinance prohibiting the use and contact with designated groundwater from beneath certain property known as 1901 Northwest Highway with the City of Garland, Texas, to facilitate certification of a municipal setting designation.

Hold a public hearing and consider a Municipal Setting Designation resolution request by 1901 W Northwest Highway, LLC. The site is located at 1901 Northwest Highway in District 5.

Discuss and consider a resolution supporting the application of 1901 W Northwest Highway, LLC, for a municipal setting designation for the property located at 1901 W. Northwest Highway.

11.

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 Scott Lemay

Jennifer Nguyen – Community Multicultural Commission
Elvia Flores – Community Multicultural Commission
Mitch Carr – Cultural Arts Commission
Ken Risser – Environmental and Community Advisory Board
Don Koerner – Parks and Recreation Board
Wayne Dalton – Plan Commission
David Perry – Property Standards Board
Shirley Robnett – Senior Citizens Advisory Board
Allan Stafford – Tax Increment Finance #1 Downtown Board
Patrick Abell – Tax Increment Finance #3 Board

Mayor Pro Tem Jeff Bass

Beena Varnan - Cultural Arts Commission
Nancy Janssen - Parks and Recreation Board

Council Member Dylan Hedrick

John VanPelt - Cultural Arts Commission
Terri Chepregi - Library Board
David Parrish - Parks and Recreation Board
Mike Rose - Plan Commission
Martha Melaku - Property Standards Board
Charlotte Piercy - Senior Citizens Advisory Board
Tony Bui - Tax Increment Finance #1 Downtown Board

12.

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.

13.

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.