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
March 7, 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.

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 February 21, 2023, Regular Meeting.

Consider approval of the following bids:

Replacement Motor Grader for Hinton Landfill

Bid No. 0457-23

RDO Equipment Company

391,267.00

This request is for the purchase of one (1) replacement 2022 John Deere 672G Motor Grader to be utilized by the Hinton Landfill. The existing Unit 160-182 is a 1998 Caterpillar 160H Motor Grader with 13,728 hours. The item being purchased is a scheduled and budgeted purchase, and the unit being replaced will be retired and auctioned.

Replacement Compactor

Bid No. 0467-23

R.B. Everett & Company

949,969.00

This request is for the purchase of one (1) replacement 2023 Bomag 1173 RB-5 Compactor to be utilized by the Hinton Landfill. The existing unit 160-2038 is a 2019 Caterpillar 836K steel wheel Compactor with 6,217 hours. The item being purchased is a scheduled and budgeted purchase, and the unit being replaced will be retired and auctioned.

Replacement Track Loader

Bid No. 0493-23

Caterpillar, Inc.

623,085.00

This request is for the purchase of one (1) replacement 2023 Caterpillar 963 Track Loader with waste package equipment that will be utilized by the Sanitation Transfer Station. The existing unit 160-1441R is a 2015 Caterpillar 963K Track Loader with 11,291 hours. The item being purchased is a scheduled and budgeted purchase, and the unit being replaced will be retired and auctioned.

Lead and Copper Rule Compliance Phase II

Bid No. 0473-23

Freese and Nichols, Inc.

345,000.00

Optional Contingency

35,000.00

TOTAL $

380,000.00

This request is to obtain professional services for the lead and copper rule compliance Phase II to continue the system assessment, and include field studies throughout the system to confirm various pipe types. In Phase I, an assessment of the water distribution system was conducted to determine system status and data availability. An optional contingency is included for any additional services that may be required.

Rowlett Creek 48" Interceptor Main Rehabilitation Phase IX

Bid No. 0476-23

Insituform Technologies, LLC.

$ 1,503,337.50

Optional Contingency

$ 50,000.00

TOTAL

$ 1,553,337.50

This request is for Phase IX of the Rowlett Creek 48" Wastewater Interceptor Rehabilitation Project. This Phase will reline approximately 2,765 feet of 48" interceptor line from north of President George Bush Turnpike towards Ben Davis Road along Rowlett Creek. An optional contingency is included for any additional work that may be required.

Replacement Police Pursuit Vehicles

Bid No. 0501-23

Reliable Chevrolet

1,224,924.40

This request is for the purchase of twenty-nine (29) replacement 2023 Chevrolet Tahoe Police Pursuit Vehicles, three (3) additional 2023 Chevrolet Tahoe Police Pursuit Vehicles, and two (2) additional 2023 Chevrolet Silverado Police Pursuit Vehicles. The existing units being replaced are listed on an attached document. The items being purchased are scheduled and budgeted purchases, and the units being replaced will be retired and auctioned.

GP&L Olinger Unit 3 Boiler Control Retrofit Design Services

Bid No. 0489-23

Emerson Process Management

314,232.00

The request is for GP&L Olinger Unit 3 boiler control retrofit services. The services will include field verification of the controls, cabinet drawings, and initial graphic and logic submittals for the retrofit. This is part of the approved Olinger Unit 3 Boiler Controls Retrofit CIP project.

Police Vehicle Upfitting

Bid No. 0405-23

Reliable Chevrolet

1,081,979.40

This request is for the upfitting of peripheral equipment for twenty-nine (29) replacement 2023 Chevrolet Tahoe Police vehicles, three (3) additional 2023 Chevrolet Tahoe Police vehicles, and two (2) additional 2023 Chevrolet Silverado Police Pursuit pickups.

Right of Way Mowing and Maintenance

Bid No. 1268-22

Carruthers Landscape Services, Inc.

279,000.00

Optional Contingency

50,000.00

TOTAL $

329,000.00

This request is to provide maintenance for 77 Right of Way locations totaling 196.52 acres. Services will include 18 cycles of mowing, edging, and removal of clippings. This approval is for term agreement with four (4) optional renewals. An optional contingency is included for any additional services that may be required.

Utility Bill Printing Services

Bid No. 0496-23

DataProse LLC

600,000.00

This request is for utility bill printing, inserting, and mailing for Customer Service. This approval is for a term agreement that will be renewed annually provided funding is approved in the budget and the City of Baytown has an active contract with DataProse LLC.

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 22-75 Frontier States Development Services (FSDS) - District 5

Consider and ordinance amending the Garland Development Code of the City of Garland, Texas, by approving a Specific Use Provision for a Kiosk, Self-Service - Retail Use (ICE Kiosk) on a 0.262 acre tract of land located at 131 West Kingsley Road and zoned Community Retail (CR) 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 Claus; and providing an effective date.

Consider amendments to the Garland Development Code regarding Municipal Setting Designations

Consider an ordinance amending Chapter 4, "Site Development" of the Garland Development Code of the City of Garland, Texas, by adopting an Article 9, "Municipal Setting Designations"; 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. Municipal Setting Designations is an official state designation requiring certification of non-potable groundwater and its use.

Garland Housing Finance Corporation Disbursement Agreement

Garland Housing Finance Corporation (GHFC) has offered $400,000 through its Addressing Garland Partnership Program for financial assistance with home and exterior repairs for qualifying low-income, senior, and veteran homeowners in the city of Garland. This item was presented to Council at the February 6, 2023 Work Session Meeting. Council is requested consider acceptance of a $400,000 grant from the Garland Housing Finance Corporation (GHFC) to continue the GHFC addressing Garland Partnership Program with the City of Garland and to authorize the City Manager to sign and execute a disbursement agreement for deployment of these funds.

FY 2022-23 Budget Amendment No. 1

At the February 6, 2023, Work Session, the City Council reviewed a Policy Report recommending an amendment to the 2022-23 Adopted Budget (2022-23 Budget Amendment No. 1). The Council directed staff to prepare an Ordinance amending the Budget for (1) projects approved in last year's Budget but uncompleted by the fiscal year-end, (2) the rollover of open Purchase Orders from the 2021-22 fiscal year, and (3) expenditures not anticipated in the 2022-23 Adopted Budget. Consider approval of an Ordinance amending the 2022-23 Adopted Budget.

Settlement Agreement and Mutual Release with Spectrum Gulf Coast, LLC

Council was briefed on this settlement agreement at the Work Session of Monday, March 6, 2023, during executive session. There was a legal dispute between the City and Spectrum over the payment of franchise and PEG fees. In 2019, the City, along with other cities, filed a lawsuit against Spectrum arising out of the dispute. The proposed Settlement Agreement and Mutual Release resolves the legal dispute with Spectrum agreeing to increased franchise fee and PEG fee payments. Council is requested to authorize the City Manager to execute a Settlement Agreement and Mutual Release with Spectrum Gulf Coast, LLC settling a dispute over franchise fees and PEG fees in the case styled City of Allen, Texas et al., v. Time Warner Cable Texas, LLC d/b/a Spectrum and Charter Communications, Case No. 6:10-cv-345-ADA-DTG.

Consider Approval of a Resolution Authorizing Publication of a Notice of Intent to Issue Certificates of Obligation

Council is requested to consider authorizing the publication of a Notice of Intent to Issue Certificates of Obligation in the amount not to exceed $46.5 million to fund a portion of the CIP. This item was presented to the City Council at the March 6, 2023 Work Session meeting.

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.

Hold public hearings on:

HOME American Rescue Act City of Garland Draft Allocation Plan - Public Hearing

During March 6, 2023, Council Work Session, Council was provided a draft of the proposed City of Garland HOME American Rescue Cost Allocation Plan. The City has received a one-time allocation of funding in the amount of $2,541,737 through the Department of Housing and Urban Development. As part of the plan adoption process, a public hearing is required to solicit comments from interested parties relating to the 2023 HOME-ARP Cost Allocation Plan. This item will be brought back to Council at the March 20, 2023 Work Session for final discussion. Unless otherwise directed by Council this item will be placed on the agenda for formal consideration at the March 21, 2023 Regular Meeting for formal consideration.

Consider a Specific Use Provision amendment request by Quetzal Event Center to continue the operation of a Reception Facility from an existing building. The site is located at 354 East Interstate Highway 30 in District 3.

Consideration of the application of Quetzal Event Center, requesting approval of an amended Specific Use Provision for a Reception Facility on a property zoned Planned Development (PD) District 20-40 for a Community Office Uses. This property is located at 354 East Interstate Highway 30. (File Z 22-78, District 3)

Consider a Detail Plan request by Quetzal Event Center to continue the operation of a Reception Facility from an existing building. The site is located at 354 East Interstate Highway 30 in District 3.

Consideration of the application of Quetzal Event Center, requesting approval of a Detail Plan for a Reception Facility on a property zoned Planned Development (PD) District 20-40 for Community Office Uses. This property is located at 354 East Interstate Highway 30. (File Z 22-78, District 3)

Consider a Planned Development request by Kirkman Engineering for approval of fifty-five (55) townhouses. The site is currently zoned to allow townhouses; however, the applicant requests modifications from the Garland Development Code. The site is located at 2801 and 2901 Arapaho Road in District 7.

Consideration of the application of Kirkman Engineering, requesting approval of a Change in Zoning from Single-Family Attached (SFA) District to a Planned Development (PD) District for Single-Family Attached Uses. This property is located at 2801 and 2901 Arapaho Road. (File Z 22-65, District 7)

Consider a Detail Plan request by Kirkman Engineering for approval of fifty-five (55) townhouses. The site is located at 2801 and 2901 Arapaho Road in District 7.

Consideration of the application of Kirkman Engineering, requesting approval of a Detail Plan for Single-Family Attached Uses on a property zoned Single-Family Attached (SFA) District. This property is located at 2801 and 2901 Arapaho Road. (File Z 22-65, District 7)

Consider a Specific Use Provision request by Shammy's Garland, LLC., for approval of an Automated/Rollover Car Wash use. The site is located at 2641 Belt Line Road in District 7.

Consideration of the application of Shammy's Garland LLC., requesting approval of a Specific Use Provision for a Car Wash, Automated/Rollover Use on a property zoned Community Retail (CR) District. This property is located at 2641 Belt Line Road. (File Z 22-76, District 7)

Consider a Plan request by Shammy's Garland, LLC., for approval of an Automated/Rollover Car Wash use. The site is located at 2641 Belt Line Road in District 7.

Consideration of the application of Shammy's Garland LLC., requesting approval of a Plan for a Car Wash, Automated/Rollover Use on a property zoned Community Retail (CR) District. This property is located at 2641 Belt Line Road. (File Z 22-76, District 7)

Consider a Specific Use Provision request by Clay Cristy-ClayMoore Engineering to add a second drive-through to an existing McDonald's. The site is located at 119 East Buckingham Road in District 8.

Consideration of the application of Clay Cristy-ClayMoore Engineering, requesting approval of a Specific Use Provision for a Restaurant, Drive-Through Use on a property zoned Industrial (IN) District. This property is located at 119 East Buckingham Road. (File Z 22-79, District 8)

Consider a Plan request by Clay Cristy-ClayMoore Engineering to add a second drive-through to an existing McDonald's. The site is located at 119 East Buckingham Road in District 8.

Consideration of the application of Clay Cristy-ClayMoore Engineering, requesting approval of a Plan for a Restaurant, Drive-Through on a property zoned Industrial (IN) District. This property is located at 119 East Buckingham Road. (File Z 22-79, District 8)

Consider a Zoning Change request by G. Roxana Novoa, from Agricultural (AG) District to Single-Family-10 (SF-10) District, to allow a single-family home. The site is located at 1009 and 1013 Rowlett Road in District 4.

Consideration of the application of G. Roxana Novoa, requesting approval of a Change in Zoning from Agricultural (AG) District to Single-Family-10 (SF-10) District. This property is located at 1009 and 1013 Rowlett Road. (File Z 22-71, District 4)

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.

10.

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.