Call to Order Invocation
MAYORAL PROCLAMATIONS, RECOGNITIONS, AND ANNOUNCEMENTS
1. Consider approval of the minutes of the May 6, 2014 Regular Meeting. 2. 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. 14-04, Masterplan Consider an ordinance amending the zoning laws of the City of Garland by approving a change of zoning from Planned Development District 95-42 and Planned Development District 06-38, both for General Business Uses, to a Planned Development District for Limited General Business Uses and Self-Storage Units and a Detail Plan for Self-Storage Units on a 3.53-acre tract of land located on the south side of Broadway Boulevard, approximately 500 linear feet southeast from the intersection of Colonel Drive and Broadway Boulevard. b. Zoning File No. 14-10, Jaime Pineda Consider an ordinance amending the zoning laws of the City of Garland by approving a Specific Use Permit for Contractor Equipment and Storage on a 0.2-acre tract of land zoned Commercial 2 District and located at 200 Rayburn Street. c. Zoning File No. 04-11, Merriwood Ranch Consider an ordinance amending the zoning laws of the City of Garland by approving an amendment to Planned Development Districts 04-10 and 02-03 for Single Family Uses, Design Center, Stables and Barns, and a Detail Plan for a Riding Academy/Stables and Day Camp, on a 29.95-acre tract of land located southeast of the intersection of East Miller Road and East Centerville Road. d. Zoning File No. 14-12, Capital Telecom Consider an ordinance amending the zoning laws of the City of Garland by approving a Specific Use Permit for an Antenna, Commercial Type 2 on a 0.0599-acre tract of land zoned Planned Development District 97-23 for Shopping Center Uses and located approximately 450 feet northeast of the intersection of Crist Road and Naaman School Road, behind the Home Depot located at 3261 North President George Bush Highway. e. Zoning File No. 14-14, Spiars Engineering, Inc. Consider an ordinance amending the zoning laws of the City of Garland by approving an amended Detail Plan and Specific Use Permit for Retail Sales with Gas Pumps on a 2.4-acre tract of land zoned Planned Development District 13-32 for Freeway Uses and located at 6421 Broadway Boulevard. f. Zoning File No. 14-15, Indoor Soccer Zone Consider an ordinance amending the zoning laws of the City of Garland by approving a Specific Use Permit for a Reception Facility on a 7.194-acre tract of land located at 3265 Broadway Boulevard. 3. Consider an ordinance authorizing the issuance of “City of Garland, Texas Water and Sewer System Revenue Refunding and Improvement Bonds, New Series 2014”, pledging net revenues of the City’s Water and Sewer System to the security of and 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, a Purchase Agreement and an Escrow Agreement; and the approval and distribution of a Preliminary Official Statement and an Official Statement. At the May 5, 2014 Work Session, Council considered authorizing a Water & Sewer Utility System Revenue Bond sale. The sale of approximately $19 million of bonds to fund a portion of the approved 2014 Capital Improvement Program will be combined with the sale of approximately $24 million of bonds to refund the Water & Sewer Utility System Revenue Bonds, Series 2004A. 4. Consider an ordinance authorizing the issuance of “City of Garland, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2014”; providing for the payment of said certificates of obligation by the levy of an ad valorem tax upon all taxable property within the City and a limited pledge of the net revenues derived from the operation of the City’s Water and Sewer System; providing the terms and conditions of such certificates of obligation and resolving other matters incident and relating to the issuance, payment, security, sale and delivery of said certificates of obligation, including the approval and execution of a Paying Agent/Registrar Agreement and a Purchase Agreement and the approval and distribution of a Preliminary Official Statement and an Official Statement pertaining thereto; and providing an effective date. At the May 5, 2014 Work Session, Council considered authorizing a Certificates of Obligation bond sale in the approximate amount of $14.2 million to fund a portion of the approved 2014 Capital Improvement Program. 5. Consider an ordinance denying the rate increase requested by Atmos Energy Corp., Mid-Tex Division (Company) under the Company’s 2014 annual rate review mechanism filing in all cities exercising original jurisdiction; requiring the Company to reimburse Cities’ reasonable ratemaking expenses pertaining to review of the RRM; authorizing the City’s participation with the Atmos Cities Steering Committee in any appeal filed at the Railroad Commission of Texas by the Company; requiring the Company to appeal to the Railroad Commission; determining that this ordinance was passed in accordance with the requirements of the Texas Open Meetings Act; and requiring delivery of this ordinance to the Company and the Steering Committee’s legal counsel. At the May 19, 2014 Work Session, Council was scheduled to consider a request to deny an Atmos Energy Mid-Tex Division rate increase as recommended by the Atmos Cities Steering Committee (ASCS). The City of Garland is a member of the ASCS, a coalition of over 164 cities served by Atmos Energy Mid-Tex. 7. Consider a resolution adopting and approving the Consolidated Plan – One Year Plan of Action including a revised Statement of Uses of Funds for the 2014-15 Community Development Block Grant, HOME Investment Partnership, and Emergency Solutions Grant Programs. A public hearing was held on April 15, 2014 to provide an opportunity to obtain comments from any interested parties regarding funding for the 2014-15 Community Development Block Grant, HOME Investment Partnership, and Emergency Solutions Grant programs. At the May 4, 2014 Work Session, Council discussed the funding allocations. 8. Consider by minute action authorizing the City Manager to decrease Purchase Order No. 21567 by $73,450. On December 17, 2013, Council approved an emergency purchase order for the purchase of a Caterpillar D8T Track Type Tractor for the Landfill. The trade-in of $85,000 and the purchase of the Fire Suppression System for the unit in the amount of $11,550 were not included in the original bid award. The amount of Purchase Order No. 21567 needs to be decreased by $73,450 to reflect the trade-in and addition of the Fire Suppression System.
Consider a resolution designating an area known generally as Travis College Hill as historically significant; endorsing the voluntary preservation guidelines adopted by the owners of properties within the Travis College Hill Historic District. At the May 5, 2014 Work Session, Council considered a request to designate the Travis College Hill Addition as a historic district.
Consider by minute action the appointment of a City of Garland representative to the North Texas Municipal Water District Board of Directors. At the May 19, 2014 Work Session, Council was scheduled to interview candidates interested in being appointed as the City of Garland’s representative to the North Texas Municipal Water District Board of Directors for a two-year term beginning June 1, 2014.
Consider an ordinance amending the zoning laws of the City of Garland by approving a Specific Use Permit for Recycling Center on a 0.712-acre tract of land zoned Industrial 1 District and located at 828 East Walnut Street. At the May 6, 2014 Regular Meeting, Council approved this request by a vote of 6 to 3. Section 34-351 of the Comprehensive Zoning Ordinance provides that, “A favorable vote of three-fourths of all members of the City Council shall be required to approve any change in zoning when written objections are received which comply with the provisions of the state laws commonly referred to as the twenty percent rule.” Because the owners of more than twenty percent of the land within 200 feet of the subject property submitted written objection to this request, the ordinance adopting the zoning change must be approved by at least a three-fourths (7 to 2) vote of the Council. (Zoning File No. 14-13, Alloy Right Recyclers)
Hold a public hearing and consider the following regarding an economic incentive agreement for Nutri Biotech Co., Ltd. a. Approve an ordinance designating an area as a reinvestment zone for commercial/industrial tax abatement; making certain findings thereon; authorizing the City Manager to execute an agreement with the applicant regarding the reinvestment zone. b. Approve an ordinance ordaining the City’s participation in the Texas Enterprise Zone Program pursuant to the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code, providing tax incentives, nominating Nutri Biotech Co., Ltd. to the Office of the Governor, Economic Development and Tourism through the Economic Development Bank as an enterprise project. c. Approve a resolution authorizing the City Manager to execute a tax abatement agreement. Nutri Biotech is seeking a location for its U. S. headquarters and a manufacturing facility. The total investment will be over $40 million in building upgrades, construction of new buildings, machinery, and equipment over the next four years. This project will bring in a total of over $667,000 to the City annually. At the May 5, 2014 Work Session, Council considered a recommendation by the Garland Economic Development Partnership Steering Committee that Council provide: 1) general support for the project, 2) support of a 50% City tax abatement on new Real Estate and Business Personal Property Value for five years – maximum of $440,375 and 3) support of nomination for Texas Enterprise Zone Project – potential benefits of $500,000.
Hold a public hearing and consider the following regarding an economic incentive agreement for Mapei Corporation. a. Approve an ordinance designating an area as a reinvestment zone for commercial/industrial tax abatement; making certain findings thereon; authorizing the City Manager to execute an agreement with the applicant regarding the reinvestment zone. b. Approve a resolution authorizing the City Manager to execute a tax abatement agreement with Mapei Corporation. Mapei Corporation is proposing a warehouse expansion of 55,000 square feet and additional new production equipment which will create an additional $5.5 million Real Estate and $1.5 million Business Personal Property Value in Garland. This will bring in a total of $49,000 to the City annually. At the May 5, 2014 Work Session, Council considered a recommendation by the Garland Economic Development Partnership Steering Committee that Council provide 1) general support of the project and 2) support of a 50% city tax abatement on new Real Estate and Business Personal Property Value for five years – maximum of $123,305.
Hold a public hearing and consider the following regarding an economic incentive agreement for Huntington Industrial Partners. a. Consider a resolution authorizing the City Manager to execute an economic development agreement with Huntington Industrial Partners. Huntington Industrial Partners is under contract to purchase approximately 10.2 acres on Distribution Drive to build a 169,000 sq. ft. Leadership in Energy and Environmental Design (LEED) certified project. This project will be the first LEED certified industrial building in Garland. At the May 5, 2014 Work Session, Council considered a recommendation by the Garland Economic Development Partnership Steering Committee that Council provide 1) general support of the project and 2) provide a Chapter 380 grant in the maximum amount of $160,000.
Consider an ordinance canvassing the results of the General Election held for the purpose of electing a candidate to the office of Council member for District 5 of the City Council of the City of Garland, for an election having been held on May 10, 2014; declaring the results of that election. Council will formally canvas the returns and declare the results of the May 10, 2014 General Election held for the purpose of electing a candidate to the Office of the City Council of Garland for District 5. The Council previously cancelled the election for unopposed candidates for Council Districts 1, 2, and 4 and declared them elected to office.
16. Consider approval of the following bids: a. TMPA Gibbons Creek Breaker Replacement Bid No. 4235-14 Stuart Irby $180,215.57 Optional Contingency 18,000.00 TOTAL $198,215.57 This request is to provide all materials associated with the TMPA Gibbons Creek 138kV and 345kV Breaker Replacement Project. b. Gibbons Creek Substation Potential Transformers Bid No. 4293-14 ALSTOM Grid, Inc. $335,295.00 Optional Contingency 33,530.00 TOTAL $368,825.00 This request is for the purchase of nine potential transformers for the Gibbons Creek Substation as part of the TMPA Breaker Replacement Capital Improvement Project. Due to the complex nature of the project, an optional contingency is included for unforeseen changes that may be required. c. Wylie-Nevada Transmission Line Reconductor Bid No. 4333-14 Techline, Inc. $136,676.02 Optional Contingency 13,667.00 TOTAL $150,343.02 This request is to provide cable and connector materials for the Wylie- Nevada Transmission Line Reconductor Project. Due to the complexity of the project, an optional contingency is included for unforeseen changes in the requirements. d. Pulsar Network Communications Upgrade Bid No. 4401-14 AMETEK Power Instruments $251,975.00 This request is to provide a Pulsar Network Communications Upgrade for GP&L Substations. e. Professional Services for Rowlett Creek Bid No. 4428-14 Wastewater Treatment Plant Gupta & Associates $197,861.00 This request is to provide professional engineering and design services to replace the two 700-horsepower source drives and make electrical improvements at the Rowlett Creek Wastewater Treatment Plant. 17. Citizen comments. 18. Adjourn
May 20, 2014 City Council
Call to Order Invocation
MAYORAL PROCLAMATIONS, RECOGNITIONS, AND ANNOUNCEMENTS
1. Consider approval of the minutes of the May 6, 2014 Regular Meeting. 2. 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. 14-04, Masterplan Consider an ordinance amending the zoning laws of the City of Garland by approving a change of zoning from Planned Development District 95-42 and Planned Development District 06-38, both for General Business Uses, to a Planned Development District for Limited General Business Uses and Self-Storage Units and a Detail Plan for Self-Storage Units on a 3.53-acre tract of land located on the south side of Broadway Boulevard, approximately 500 linear feet southeast from the intersection of Colonel Drive and Broadway Boulevard. b. Zoning File No. 14-10, Jaime Pineda Consider an ordinance amending the zoning laws of the City of Garland by approving a Specific Use Permit for Contractor Equipment and Storage on a 0.2-acre tract of land zoned Commercial 2 District and located at 200 Rayburn Street. c. Zoning File No. 04-11, Merriwood Ranch Consider an ordinance amending the zoning laws of the City of Garland by approving an amendment to Planned Development Districts 04-10 and 02-03 for Single Family Uses, Design Center, Stables and Barns, and a Detail Plan for a Riding Academy/Stables and Day Camp, on a 29.95-acre tract of land located southeast of the intersection of East Miller Road and East Centerville Road. d. Zoning File No. 14-12, Capital Telecom Consider an ordinance amending the zoning laws of the City of Garland by approving a Specific Use Permit for an Antenna, Commercial Type 2 on a 0.0599-acre tract of land zoned Planned Development District 97-23 for Shopping Center Uses and located approximately 450 feet northeast of the intersection of Crist Road and Naaman School Road, behind the Home Depot located at 3261 North President George Bush Highway. e. Zoning File No. 14-14, Spiars Engineering, Inc. Consider an ordinance amending the zoning laws of the City of Garland by approving an amended Detail Plan and Specific Use Permit for Retail Sales with Gas Pumps on a 2.4-acre tract of land zoned Planned Development District 13-32 for Freeway Uses and located at 6421 Broadway Boulevard. f. Zoning File No. 14-15, Indoor Soccer Zone Consider an ordinance amending the zoning laws of the City of Garland by approving a Specific Use Permit for a Reception Facility on a 7.194-acre tract of land located at 3265 Broadway Boulevard. 3. Consider an ordinance authorizing the issuance of “City of Garland, Texas Water and Sewer System Revenue Refunding and Improvement Bonds, New Series 2014”, pledging net revenues of the City’s Water and Sewer System to the security of and 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, a Purchase Agreement and an Escrow Agreement; and the approval and distribution of a Preliminary Official Statement and an Official Statement. At the May 5, 2014 Work Session, Council considered authorizing a Water & Sewer Utility System Revenue Bond sale. The sale of approximately $19 million of bonds to fund a portion of the approved 2014 Capital Improvement Program will be combined with the sale of approximately $24 million of bonds to refund the Water & Sewer Utility System Revenue Bonds, Series 2004A. 4. Consider an ordinance authorizing the issuance of “City of Garland, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2014”; providing for the payment of said certificates of obligation by the levy of an ad valorem tax upon all taxable property within the City and a limited pledge of the net revenues derived from the operation of the City’s Water and Sewer System; providing the terms and conditions of such certificates of obligation and resolving other matters incident and relating to the issuance, payment, security, sale and delivery of said certificates of obligation, including the approval and execution of a Paying Agent/Registrar Agreement and a Purchase Agreement and the approval and distribution of a Preliminary Official Statement and an Official Statement pertaining thereto; and providing an effective date. At the May 5, 2014 Work Session, Council considered authorizing a Certificates of Obligation bond sale in the approximate amount of $14.2 million to fund a portion of the approved 2014 Capital Improvement Program. 5. Consider an ordinance denying the rate increase requested by Atmos Energy Corp., Mid-Tex Division (Company) under the Company’s 2014 annual rate review mechanism filing in all cities exercising original jurisdiction; requiring the Company to reimburse Cities’ reasonable ratemaking expenses pertaining to review of the RRM; authorizing the City’s participation with the Atmos Cities Steering Committee in any appeal filed at the Railroad Commission of Texas by the Company; requiring the Company to appeal to the Railroad Commission; determining that this ordinance was passed in accordance with the requirements of the Texas Open Meetings Act; and requiring delivery of this ordinance to the Company and the Steering Committee’s legal counsel. At the May 19, 2014 Work Session, Council was scheduled to consider a request to deny an Atmos Energy Mid-Tex Division rate increase as recommended by the Atmos Cities Steering Committee (ASCS). The City of Garland is a member of the ASCS, a coalition of over 164 cities served by Atmos Energy Mid-Tex. 7. Consider a resolution adopting and approving the Consolidated Plan – One Year Plan of Action including a revised Statement of Uses of Funds for the 2014-15 Community Development Block Grant, HOME Investment Partnership, and Emergency Solutions Grant Programs. A public hearing was held on April 15, 2014 to provide an opportunity to obtain comments from any interested parties regarding funding for the 2014-15 Community Development Block Grant, HOME Investment Partnership, and Emergency Solutions Grant programs. At the May 4, 2014 Work Session, Council discussed the funding allocations. 8. Consider by minute action authorizing the City Manager to decrease Purchase Order No. 21567 by $73,450. On December 17, 2013, Council approved an emergency purchase order for the purchase of a Caterpillar D8T Track Type Tractor for the Landfill. The trade-in of $85,000 and the purchase of the Fire Suppression System for the unit in the amount of $11,550 were not included in the original bid award. The amount of Purchase Order No. 21567 needs to be decreased by $73,450 to reflect the trade-in and addition of the Fire Suppression System.
Consider a resolution designating an area known generally as Travis College Hill as historically significant; endorsing the voluntary preservation guidelines adopted by the owners of properties within the Travis College Hill Historic District. At the May 5, 2014 Work Session, Council considered a request to designate the Travis College Hill Addition as a historic district.
Consider by minute action the appointment of a City of Garland representative to the North Texas Municipal Water District Board of Directors. At the May 19, 2014 Work Session, Council was scheduled to interview candidates interested in being appointed as the City of Garland’s representative to the North Texas Municipal Water District Board of Directors for a two-year term beginning June 1, 2014.
Consider an ordinance amending the zoning laws of the City of Garland by approving a Specific Use Permit for Recycling Center on a 0.712-acre tract of land zoned Industrial 1 District and located at 828 East Walnut Street. At the May 6, 2014 Regular Meeting, Council approved this request by a vote of 6 to 3. Section 34-351 of the Comprehensive Zoning Ordinance provides that, “A favorable vote of three-fourths of all members of the City Council shall be required to approve any change in zoning when written objections are received which comply with the provisions of the state laws commonly referred to as the twenty percent rule.” Because the owners of more than twenty percent of the land within 200 feet of the subject property submitted written objection to this request, the ordinance adopting the zoning change must be approved by at least a three-fourths (7 to 2) vote of the Council. (Zoning File No. 14-13, Alloy Right Recyclers)
Hold a public hearing and consider the following regarding an economic incentive agreement for Nutri Biotech Co., Ltd. a. Approve an ordinance designating an area as a reinvestment zone for commercial/industrial tax abatement; making certain findings thereon; authorizing the City Manager to execute an agreement with the applicant regarding the reinvestment zone. b. Approve an ordinance ordaining the City’s participation in the Texas Enterprise Zone Program pursuant to the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code, providing tax incentives, nominating Nutri Biotech Co., Ltd. to the Office of the Governor, Economic Development and Tourism through the Economic Development Bank as an enterprise project. c. Approve a resolution authorizing the City Manager to execute a tax abatement agreement. Nutri Biotech is seeking a location for its U. S. headquarters and a manufacturing facility. The total investment will be over $40 million in building upgrades, construction of new buildings, machinery, and equipment over the next four years. This project will bring in a total of over $667,000 to the City annually. At the May 5, 2014 Work Session, Council considered a recommendation by the Garland Economic Development Partnership Steering Committee that Council provide: 1) general support for the project, 2) support of a 50% City tax abatement on new Real Estate and Business Personal Property Value for five years – maximum of $440,375 and 3) support of nomination for Texas Enterprise Zone Project – potential benefits of $500,000.
Hold a public hearing and consider the following regarding an economic incentive agreement for Mapei Corporation. a. Approve an ordinance designating an area as a reinvestment zone for commercial/industrial tax abatement; making certain findings thereon; authorizing the City Manager to execute an agreement with the applicant regarding the reinvestment zone. b. Approve a resolution authorizing the City Manager to execute a tax abatement agreement with Mapei Corporation. Mapei Corporation is proposing a warehouse expansion of 55,000 square feet and additional new production equipment which will create an additional $5.5 million Real Estate and $1.5 million Business Personal Property Value in Garland. This will bring in a total of $49,000 to the City annually. At the May 5, 2014 Work Session, Council considered a recommendation by the Garland Economic Development Partnership Steering Committee that Council provide 1) general support of the project and 2) support of a 50% city tax abatement on new Real Estate and Business Personal Property Value for five years – maximum of $123,305.
Hold a public hearing and consider the following regarding an economic incentive agreement for Huntington Industrial Partners. a. Consider a resolution authorizing the City Manager to execute an economic development agreement with Huntington Industrial Partners. Huntington Industrial Partners is under contract to purchase approximately 10.2 acres on Distribution Drive to build a 169,000 sq. ft. Leadership in Energy and Environmental Design (LEED) certified project. This project will be the first LEED certified industrial building in Garland. At the May 5, 2014 Work Session, Council considered a recommendation by the Garland Economic Development Partnership Steering Committee that Council provide 1) general support of the project and 2) provide a Chapter 380 grant in the maximum amount of $160,000.
Consider an ordinance canvassing the results of the General Election held for the purpose of electing a candidate to the office of Council member for District 5 of the City Council of the City of Garland, for an election having been held on May 10, 2014; declaring the results of that election. Council will formally canvas the returns and declare the results of the May 10, 2014 General Election held for the purpose of electing a candidate to the Office of the City Council of Garland for District 5. The Council previously cancelled the election for unopposed candidates for Council Districts 1, 2, and 4 and declared them elected to office.
16. Consider approval of the following bids: a. TMPA Gibbons Creek Breaker Replacement Bid No. 4235-14 Stuart Irby $180,215.57 Optional Contingency 18,000.00 TOTAL $198,215.57 This request is to provide all materials associated with the TMPA Gibbons Creek 138kV and 345kV Breaker Replacement Project. b. Gibbons Creek Substation Potential Transformers Bid No. 4293-14 ALSTOM Grid, Inc. $335,295.00 Optional Contingency 33,530.00 TOTAL $368,825.00 This request is for the purchase of nine potential transformers for the Gibbons Creek Substation as part of the TMPA Breaker Replacement Capital Improvement Project. Due to the complex nature of the project, an optional contingency is included for unforeseen changes that may be required. c. Wylie-Nevada Transmission Line Reconductor Bid No. 4333-14 Techline, Inc. $136,676.02 Optional Contingency 13,667.00 TOTAL $150,343.02 This request is to provide cable and connector materials for the Wylie- Nevada Transmission Line Reconductor Project. Due to the complexity of the project, an optional contingency is included for unforeseen changes in the requirements. d. Pulsar Network Communications Upgrade Bid No. 4401-14 AMETEK Power Instruments $251,975.00 This request is to provide a Pulsar Network Communications Upgrade for GP&L Substations. e. Professional Services for Rowlett Creek Bid No. 4428-14 Wastewater Treatment Plant Gupta & Associates $197,861.00 This request is to provide professional engineering and design services to replace the two 700-horsepower source drives and make electrical improvements at the Rowlett Creek Wastewater Treatment Plant. 17. Citizen comments. 18. Adjourn