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
Tuesday, April 7, 2020
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 is hereby given that, pursuant to Sections 551.125 and 551.045 of the Texas Government Code, the City Council will hold an emergency telephone or internet meeting on Tuesday, April 7, 2020, at 7:00 p.m.

The meeting will be broadcast by webinar or telephone at the following URL (registration is required):

https://zoom.us/webinar/register/WN_y2aLj7nAQ1y0IL8DqaeOqQ

Registration is limited but the meeting will be available to the public by an audible broadcast at City Hall, 200 N. Fifth Street, City Council Chambers, Garland, Texas. The meeting will also be recorded and made available online at www.garlandtx.gov.

An urgent public necessity exists requiring immediate action of the City Council due to an imminent threat to public health and safety arising from the COVID-19 pandemic. The City continues to respond to the COVID-19 emergency consistent with Council direction and good health practices.

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 March 17 Regular Meeting and March 12, 23, 24 and 25 Special Meetings of the City Council.

Consider approval of the following bids:

Replacement of Galvanized Water Mains		Bid No. 0312-20

Muniz Construction, Inc.	$644,963.50
Optional Contingency	64,496.35
TOTAL:	$709,459.85

This request is to replace galvanized water lines on Ninth Street (Austin to State), Glenbrook Drive (Austin to State), Brookside Drive (Morningside to Nash), First-Barger (Avenue B to Avenue D) and water loop along S. Garland Avenue to Avenue D. An Optional Contingency is included for any additional work that may be required.

Professional Services Amendment for Rick Oden Park		Bid No. 1193-19

Kimley-Horn & Associates	$49,500.00

This request is to approve Change Order #1 for professional design services associated with site and utility design for park areas immediately surrounding the proposed skate park.

Toughbook Laptop Computers		Bid No. 0670-20

GTS Technology Solutions	$120,651.60

This request is to purchase twenty-nine (29) replacement Toughbook laptop computers for Code Compliance to use for field work and inspection processes.

GP&L Spencer Unit #5 Cooling Tower Water Pretreatment		Bid No. 0648-20

Evoqua Water Technologies	$106,725.00

This request is for the pretreatment of cooling tower water for GP&L Spencer Unit #5 so that it can be properly discharged to the City of Denton wastewater treatment plant.

Design Services for Transportation Maintenance and Operations Facility		Bid No. 0698-20

MPI Architects	$132,900.00

This request is to provide professional design services for interior and minor exterior renovations to the Transportation Maintenance and Operations facility.

GP&L Dent Road Switch Station Construction Management Services		Bid No. 0562-19

Burns & McDonnell	$120,000.00

This request is to approve Change Order #1 for the Dent Road Switch Construction Management Services. This Change Order will extend the construction oversight services by five months to cover the extended construction schedule.

GP&L Limestone to Gibbons Creek Transmission Line Relocation Engineering Services		Bid No. 0658-20

Power Engineers	$188,511.00

This request is to obtain engineering design services for the relocation of the Limestone to Gibbons Creek 345kV transmission line to accommodate a widening of State Highway 21 by the Texas Department of Transportation (TxDOT).

GP&L Nevill Road to Greasewood 345kV Transmission Line Construction		Bid No. 0525-20

NorthStar Energy Solutions	$3,942,237.14
Optional Contingency	394,223.00
TOTAL:	$4,336,460.14

This request is for the construction of the Nevill Road to Greasewood 345kV Transmission Line as part of the approved Nevill to Greasewood 345kV Transmission CIP project. An Optional Contingency is included for any additional work that may be required.

Gibbons Creek Transient Recovery Voltage Material		Bid No. 0465-20

KBS Electrical Distributors, Inc.	$418,217.00

This request is for the purchase of transient recovery voltage materials as part of the approved TMPA Gibbons Creek Add TRV Capacitor CIP project.

GP&L Nevill Road Switch Station Construction		Bid No. 0552-20

Primoris T&D Services	$4,098,253.68
Optional Contingency	409,825.00
TOTAL:	$4,508,078.68

This request is for the construction of the Nevill Road Switch Station as part of the approved Nevill Road Switch Station CIP project. An Optional Contingency is included for any additional work that may be required.

A public hearing was previously conducted for the following zoning case. Council approved the request and instructed staff to bring forth the following ordinance for consideration.

Zoning File No. Z 19-33, Wier and Associates, Inc. (District 7)

Consider an ordinance amending the Garland Development Code of the City of Garland, Texas, by approving 1) an amendment to Planned Development (PD) District 05-22 for Community Office (CO) Uses and 2) a Detail Plan for Community Office (CO) Uses on a 1.563-acre tract of land located at 5500 North Shiloh 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 Notice of Conditions of Compliance Clause; a Savings Clause, and a Severability Clause; and providing an effective date.

Consider an ordinance authorizing an amendment to the 2019-20 Operating Budget (Budget Amendment No. 2), providing for supplemental appropriation of funds in the Infrastructure Repair & Replacement Fund, the Information Technology Fund, the Hotel/Motel Tax Fund, the Downtown TIF Fund, the Economic Development Fund, the Safelight Fund, the Narcotic Seizure Fund, the Environmental Waste Services Fund, the Equipment Replacement Fund, and various funds associated with purchase order encumbrances; and providing an effective date.

At the March 16, 2020 Work Session, Council reviewed a Policy Report recommending an amendment to the 2019-2020 Adopted Budget. 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 2018-19 fiscal year, and (3) expenditures not anticipated in the 2019-2020 Adopted Budget.

Consider a resolution in support of the Duck Creek South Extension Trail Transportation Alternatives Project; providing confirmations and acknowledgments in support thereof; and providing an effective date.

At the April 6, 2020 Work Session, Council considered funding a resolution for a federal grant application in support of the development of the Duck Creek South Extension trail project in accordance with the guidelines set forth by the NCTCOG 2020 Transportation Alternatives Call for Projects.

Consider a resolution approving and ratifying the assignment of that certain retail property contract between the Garland Foundation for Development, Inc. and HSB Holdings, Inc. to the City of Garland; and providing and effective date.

During the March 17, 2020 Executive Session, Council was briefed on the acquisition of 74± acres near the C.M. Hinton Jr. Regional Landfill.

Consider a resolution approving the assignment and assumption agreement between the Garland Foundation for Development, Inc. ("Foundation") and the City of Garland for the assignment of that certain real property contract of March 13, 2020, between the Foundation and Ace Investments, Inc., Poynter Investment Company, LTD., and Scifres Investment Company, LTD.; authorizing the City Manager to purchase the property describes therein; and providing an effective date.

Consider the adoption of a resolution authorizing the approval of an assignment and assumption agreement between the Garland Foundation for Development, Inc. and the City of Garland, wherein the Foundation is assigning, and the City is assuming, all of the Foundations rights, interests, and obligations into that certain real property contract to purchase land for the future construction of Fire Station No. 6.

Consider a resolution authorizing the City Manager to enter into an Advance Funding Agreement with the Texas Department of Transportation; and providing an effective date.

Consider authorizing the City Manager to enter into an Advance Funding Agreement (AFA) with Texas Department of Transportation (TXDOT) for the construction of the MGR Bikeway (Duck Creek Trail Connections Segments I and II) at Centerville Road/Glenbrook Drive and IH-30/Greenbelt Parkway.

Consider an ordinance of the City of Garland, Texas, amending Ordinance No. 7132[AMENDED] and continuing a State of Disaster and Public and Public Health Emerency in the City of Garland because of the impact of COVID-19; confirming and ratifying an amended emergency proclamation issued by the Mayor and ratified by the City Council in response to the emergency; adopting and approving certain rules to protect the health of persons in the City; providing rules for the use of electronic and digital signatures during the emergency; providing a Savings Clause and a Severability Clause; and providing an effective date.

Council is requested to adopt the attached ordinance amending Ordinance No. 7132 [Amended].

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.

Hold a public hearing to receive comment for the Youth Programs Standards of Care

A public hearing will be held for the Youth Programs Standards of Care to meet requirements of the Texas Human Resources Code, Section 42.041(b)(14) to exempt recreational programs for children operated by municipalities from state child care licensing. Council will take public input and then consider an ordinance adopting Standards of Care for Youth Programs offered by the City of Garland Parks, Recreation, Cultural Arts Department; directing that a copy of this ordinance, the Adopted Standards of Care, and other program information be delivered to the State; and providing an effective date.

11.

Hold public hearings on:

Consider the application of Pegasus Link Constructors, requesting approval of an amendment to Planned Development (PD) District 08-52 for Shopping Center Uses to add Temporary Off-Site Construction Campus Use. This property is located at 3159 South Garland Avenue. (File No. Z 20-05, District 5)

The applicant proposes a temporary, five (5) year operation of an off-site construction yard for the IH 635 (Lyndon B. Johnson Freeway) reconstruction project. The construction yard would include construction offices, outdoor storage of materials and supplies, a batch plant, bulk fuel storage (fuel farm), a wash down facility for trucks, and shipping storage containers. This item serves as the applicant’s Planned Development (PD) amendment request.

Consider the application of Pegasus Link Constructors, requesting approval of a Detail Plan for Temporary Off-Site Construction Campus Use. This property is located at 3159 South Garland Avenue. (File No. Z 20-05, District 5)

The applicant proposes a temporary, five (5) year operation of an off-site construction yard for the IH 635 (Lyndon B. Johnson Freeway) reconstruction project. The construction yard would include construction offices, outdoor storage of materials and supplies, a batch plant, bulk fuel storage (fuel farm), a wash down facility for trucks, and shipping storage containers. This item serves as the applicant’s Detail Plan request.

Consider amending in part Chapter 2, Article 5, Section 2.52, “Special Standards for Certain Uses,” of the Garland Development Code; amending in part Chapter 2, Article 5, Land Use Matrix, of the Garland Development Code; and amending in part Chapter 7, Article 2, Land Use Matrix, of the Garland Development Code, regarding regulations for residential buildings and lots being used for nonresidential purposes and amending certain parking ratios in the Land Use Matrices.

The City Council directed the Development Services Committee to review the current GDC regulations related to residential buildings and lots used for nonresidential purposes. The Committee has recommended amendments that include additional regulations. An ordinance, as drafted by the City Attorney's Office and recommended by the Development Services Committee as well as the Plan Commission, is being presented.

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.