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 
July 6, 2021
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.
 
The meeting will be broadcast on City of Garland Government Access Television (CGTV).  CGTV is available via GarlandTX.gov, channel 16 (Spectrum), Channel 44 (Frontier), and channel 99 (AT&T U-verse).  Meetings are broadcast online via live-streaming and on-demand, and air on CGTV with several rebroadcasts during the week of the meeting. 

Alternatively, the meeting will be broadcast by webinar at the following URL:
 
https://garlandtx.zoom.us/webinar/register/WN_ZXO_Tr9FRjq11zZua_nMRQ


The meeting ID is: 985 4410 1672
 
Public Comments:
 
Whether you are attending the meeting in-person or via webinar, you are invited to offer a comment or make a statement on any item on the agenda as that item is called.  Your comments must relate to an item on this agenda - non-germane comments are not in order.  Time limits will be imposed by the Mayor as appropriate to the nature of the agenda item.  Generally, public speakers are given three minutes.  Similarly, you may provide a comment at the end of the agenda during the open public comments portion of the meeting.  However, due to legal restrictions, members of the City Council are not able to answer questions during the public comments portion of the agenda.
 
REGISTRATION : If you are attending the meeting via webinar, Registration for the webinar will be required for any citizen wishing to speak.  If you choose to speak via the webinar, you must use the “raise hand” feature in order to be recognized. 
 
IN-PERSON COMMENTS: If you are attending the meeting in-person, Registration will be required for any citizen wishing to speak.  Speakers shall register using the electronic registration kiosks in the lobby of City Hall. 
 
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.

 
             
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.
 
 
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.
 
 
             
1.   Consider approval of the minutes of the June 22, 2021 Regular Meeting.
 
2. Consider approval of the following bids:
 
a.  
Commercial Waste Container Refurbishing Services   Bid No. 0824-21
     
DFW Container Service $165,000.00  

This request is to provide for the refurbishing of commercial containers that cannot be repaired in-house by EWS.  The refurbishing process saves thousands of dollars per container when compared to replacement cost.  This approval is for a Term Agreement with four (4) optional renewals. 
 
b.  
Asphalt Patchers   Bid No. 0998-21
     
Freightliner of Austin $456,905.00  

This request is for the purchase of two (2) replacement asphalt patchers to be utilized by the Street Department. 
 
c.  
GP&L Millwood 138kV Switchyard Engineering Services Agreement   Bid No. 1011-21
     
R-Delta Engineers $632,500.00  

This request is to obtain electrical, civil, structural, geotechnical, and design engineering services to support the construction of the GP&L Millwood 138kV Switchyard that will cut in to the existing Wylie-Elm Grove Transmission Line.
 
d.  
Concrete Sawing and Joint Sealing Services   Bid No. 0931-21
     
Xtreeme Sawing & Sealing, Inc. $173,250.00  

This request is to provide concrete sawing and joint sealing services for the Street Department on an as-needed basis.  This approval is for a Term Agreement with four (4) optional renewals.
 
e.  
Queen BESS Terminal at King Mountain Switch Station Electrical Materials   Bid No. 0945-21
     
KBS Electrcial Distributors, Inc. $308,771.95  
Optional Contingency 30,877.00  
TOTAL: $339,648.95  

This request is for the purchase of electrical materials needed for the construction of the Queen BESS Terminal at the King Mountain Switch Station.  This is part of the approved King Mountain Switch to Queen BESS CIP project.  An Optional Contingency is included for any additional materials that may be required.
 
f.  
GP&L Neural Network Load Forecasting Services   Bid No. 0906-21
     
Pattern Recognition Services, dba Enverus $264,000.00  

This request is to obtain Neural Network Load Forecasting services to be used by GP&L for load forecast data for GP&L as well as GP&L Wholesale customers. This approval is for a five-year service agreement to be invoiced at $52,800 annually. 
 
3. Public hearing(s) were previously conducted for the following zoning case(s). Council approved the request(s) and instructed staff to bring forth the following ordinance(s) for consideration.
 
a.   Zoning File No. Z 21-01, Civil Point Engineers, 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 17-52 for Multi-Family Use to allow Elder Care-Independent Living and Elder Care-Assisted Living and 2) a Detail Plan for Elder Care-Independent Living and Elder Care-Assisted Living on a 34.4961-acre tract of land located at 2055 Arapaho 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.
 
 
4.   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 a result of a tax sale; authorizing the Mayor to execute a Deed without Warranty; and providing an effective date.

At the June 7, 2021 Work Session, Council was briefed on the potential sale of property located at 111 McKinley Street.
 
5.   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 a result of a tax sale; authorizing the Mayor to execute a Deed without Warranty; and providing an effective date.

At the June 7, 2021 Work Session, Council was briefed on the potential sale of property located at 905 Trellis Circle.
 
6.   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 a result of a tax sale; authorizing the Mayor to execute a Deed without Warranty; and providing an effective date.

At the June 7, 2021 Work Session, Council was briefed on the potential sale of property located at 610 Parker Circle.
 
7.   Council is requested to consider the Annual Performance Update on the City of Garland Housing Agency's 2020-2024 Five Year Plan and Administrative Plan Approval

As part of the Quality Housing and Work Responsibility Act of 1998, the City of Garland Housing Agency (GHA) is required by the U.S. Department of Housing and Urban Development (HUD) to submit an annual performance progress report on their Five-Year Plan. At the June 21, 2021 Work Session, Council considered adopting the accomplishments presented in the first year of the 2020-2024 Annual Performance Plan update for submission to HUD.
 
8.   Garland Housing Agency's Administrative Plan

The U.S. Department of Housing and Urban Development (HUD) requires each Housing Agency to develop and adopt an Administrative Plan that identifies the policies the agency will follow to administer the Housing Choice Voucher Program Funds (better known as Section 8). At the June 21, 2021 Work Session, Council considered adopting the updated Administrative Plan.
 
9.   Council is requested to approve the attached resolution authorizing the City Manager to execute a contingent fee legal services contract, subject to the approval of the City Attorney and the Texas Attorney General and the requirements of State law.

The City Attorney recommends retaining the services of outside counsel for that purpose on a contingent fee basis for the reasons detailed in the accompanying resolution and public notice. State law regulates the hiring of contingent fee counsel by governmental entities and requires a certain process to be followed, including the making of certain findings before hiring contingent fee counsel. That law also regulates and governs the terms of any contract for contingent fee legal services and requires the contract for such services to be submitted to and approved by the Texas Attorney General.
 
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.   Consider the Appointment of a Mayor Pro Tem and Deputy Mayor Pro Tem

Council is requested to consider the election of a Mayor Pro Tem and if so desired a Deputy Mayor Pro-Tem. 
 
11.   Mayor Appointments

Mayor Scott LeMay will present for Council confirmation appointments to Council committees and outside boards.
 
12. Hold public hearing(s) on:
 
a.   Consider a Specific Use Provision (SUP) request by Langan for a time period of 25 years, to make interior and exterior improvements and expansions to an existing drive-through restaurant [McDonald’s].  This property is located at 3205 South Garland Avenue in District 5.

Consideration of the application of Langan, requesting approval of a Specific Use Provision for a Restaurant, Drive-Through on a property zoned Planned Development (PD) District 08-52. This property is located at 3205 South Garland Avenue. (File Z 21-14, District 5).
 
b.   Consider a Detail Plan request by Langan to make interior and exterior improvements and expansions to an existing drive-through restaurant [McDonald’s].  This property is located at 3205 South Garland Avenue in District 5.

Consideration of the application of Langan, requesting approval of a Detail Plan for renovations and expansions to an existing Restaurant, Drive-Through on a property zoned Planned Development (PD) District 08-52. This property is located at 3205 South Garland Avenue. (File Z 21-14, District 5)
 
c.   Consider an amended Specific Use Provision (SUP) request by Burger Engineering for a time period of 25 years, to expand an existing drive-through restaurant [Chick-fil-A].  This property is located at 5425 North President George Bush Turnpike in District 7.

Consideration of the application of Burger Engineering, LLC, requesting approval of a Specific Use Provision amendment to allow a Restaurant, Drive-Through expansion on a property zoned Community Retail (CR) District. This property is located at 5425 North President George Bush Turnpike. (File Z 21-16, District 7)
 
d.   Consider a Detail Plan request by Burger Engineering to expand an existing drive-through restaurant [Chick-fil-A].  This property is located at 5425 North President George Bush Turnpike in District 7.

Consideration of the application of Burger Engineering, LLC, requesting approval of a Plan for a Restaurant, Drive-Through expansion on a property zoned Community Retail (CR) District. This property is located at 5425 North President George Bush Turnpike (File Z 21-16, District 7)
 
 
e.   Consider a Zoning request by Simon Property Group (Texas), L.P, to allow future potential commercial uses in the Firewheel Town Center area, including Fitness/Performing Arts Studio, Convenience Store, Brewery/Winery/Distillery, and Indoor Automobile Sales.  This property is located at 245 Cedar Sage Drive in District 1.
 
Consideration of the application of Simon Property Group (Texas) L.P., requesting approval of an Amendment to Planned Development (PD) 03-53 District to allow Additional Commercial Uses. This property is located at 245 Cedar Sage Drive. (File Z 21-19, District 1)
 
 
13. 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.
 
  Council Member B.J. Williams 
  • Dr. Shibu Samuel - Environmental Community Advisory Board
  • Gwendolyn H. Daniels - Library Board
  • Heather Moody - Garland Youth Council
  • Jair Jafeth Delgado - Garland Youth Council
  • Phillip Johnson - Tax Increment Finance #3 Board

Council Member Rich Aubin
  • Jason Aguirre - Parks and Recreation Board
  • Margaret A. Lucht - Plan Commission
 
14. 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.
 
15. 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.