Agenda

AGENDA

REGULAR MEETING OF THE CITY COUNCIL
City of Garland

REMOTE MEETING

Tuesday, December 15, 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.

NOTICE: Due to the COVID-19 emergency and, pursuant to Section 551.125 of the Texas Government Code and the executive orders of Governor Greg Abbott suspending provisions of the Texas Government Code and other applicable laws of the State regarding normal open meetings, the City Council will hold this meeting by internet/telephonic remote means.

The meeting will be broadcast by webinar or telephone at the following URL:

https://garlandtx.zoom.us/webinar/register/WN_5VG-aovzT3-w0GFYgpeMOg

Registration for the online meeting is required. The meeting will be recorded and will be available for viewing the next day at www.garlandtx.gov.

For those without internet access to the meeting, a dial-in option is available. The numbers are:

Additionally, the meeting may be accessed by phone at the following number:

346-248-7799
470-250-9358
470-381-2552

The Meeting ID is: 982 9827 2815

For participants (online and by phone) who wish to speak on an item on the agenda, you must use the "raise hand" feature in order to be recognized. Similarly, if you wish to provide a comment at the end of the agenda during the open public comments portion of the meeting, you must use the "raise hand" feature.

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. Due to legal restrictions, the City Council is not able to answer questions during the public comments portion of the agenda.

If the City Council adjourns into Executive Session during this meeting, the Executive Session will be conducted by teleconference between and among the members of the City Council and relevant City staff. Public access to that call is prohibited by State law.

COUNCIL HOUSE RULES

1. Decisions based on issues, goals and vision.	9. Follow goals, principles and action agenda.
2. Do not take things personal.	10. Decide, vote and move on.
3. Project a positive attitude.	11. Avoid ambushes - Council or staff.
4. Focus on issues, not on the person.	12. Talk to staff before meetings.
5. Be prepared to discuss issues.	13. Vote our convictions, but be willing to compromise "What is best for Garland."
6. Maintain decorum.	14. Follow Roberts Rules of Order consistently.
7. Keep your sense of humor.	15. Agree to disagree.
8. Honor and respect each other; accept each other as individuals.	16. Be open and honest.

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 December 1 Regular Meeting and December 4 Special Session.

Consider approval of the following bids:

Self-Contained Breathing Apparatus (SCBA)		Bid No. 0238-21

Municipal Emergency Services	$1,206,304.00

This request is to provide replacement/upgrades of Self-Contained Breathing Apparatus (SCBA) for Fire, Water, Health and Police (SWAT and Jail).

Playground Program Equipment (Whirlix)		Bid No. 0270-21

Whirlix Design, Inc.	$485,554.15

This request is for the purchase of playground equipment in support of the Playground Replacement Program.

Playground Program Equipment (KOMPAN)		Bid No. 0271-21

KOMPAN, Inc.	$290,879.57

This request is for the purchase of playground equipment in support of the Playground Replacement Program.

College Manors Subdivision Wastewater Main Replacement		Bid No. 0276-21

Metropolitan Infrastructure, PLLC	$136,643.32

This request is to obtain professional engineering services for the design of approximately 2,110 linear feet of 6” wastewater main replacement, including manholes and service laterals.

GP&L Newman 69kV Substation Civil Site Construction		Bid No. 1361-20

DynaGrid Construction Group, LLC	$565,538.35
Optional Contingency	113,107.67
TOTAL:	$678,646.02

This request is to provide Civil Site construction services for the Newman 69kV Substation. An Optional Contingency is included for any additional work that may be required.

Police Property and Evidence Building Construction		Bid No. 0583-20

CORE Construction Services of Texas, Inc.	$9,738,536.00

This request is for the construction of the new Police Property and Evidence Building.

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.

Zoning File No. Z 19-31, Masterplan (District 3)

Consider an ordinance amending the Garland Development Code of the City of Garland, Texas, by approving 1) a Change in Zoning from Multi-Family (MF) District to a Planned Development (PD) District for Multi-Family Use and 2) a Detail Plan for Multi-Family Use on a 1.9484-acre tract of land located at 5751 Marvin Loving Drive; 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.

Zoning File No. Z 19-40, Monk Consulting Engineers (District 2)

Consider an ordinance amending the Garland Development Code of the City of Garland, Texas, by approving 1) a Planned Development (PD) District to allow a Church or Place of Worship on a property zoned Planned Development (PD) 13-01 for Single Family-7 Uses and 2) a Detail Plan for a Church or Place of Worship Use on a 38.37-acre tract of land located at 2201 East Miller Road and 2214 East Centerville 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.

Zoning File No. Z 20-25, Nationwide Construction (District 1)

Consider an ordinance amending the Garland Development Code of the City of Garland, Texas, by approving 1) an Amendment to Planned Development (PD) District 07-42 to add a Church or Place of Worship and 2) a Detail Plan for a Church or Place of Worship on 3.00-acre tract of land located at 1706, 1710, and 1714 Pleasant Valley 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.

Zoning File No. Z 20-30, Spiars Engineering (District 3)

Consider an ordinance amending the Garland Development Code of the City of Garland, Texas, by approving 1) a Change in Zoning from Community Retail (CR) District to a Planned Development (PD) District for Community Retail Uses and 2) a Detail Plan to allow deviations for the existing nonconforming pylon sign on a 2.964-acre tract of land located at 3414 Broadway Boulevard; 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 amending Chapter 52, "Environmental Waste Services," of the Code of Ordinances of the City of Garland, Texas; repealing Section 52.27; adding Section 52.39 prohibiting collection of commercial waste without a franchise; adding Section 52.40 assigning franchise administration duties; adding Section 52.41 regarding the granting of non-exclusive franchises; adding Section 52.42 providing for a franchise fee of five percent of the operator's gross revenues; adding Section 52.43 providing a penalty; providing that a violation subjects the person to audit and is a misdemeanor punishable by a fine; providing a savings clause; providing a severability clause; and providing an effective date.

At the November 9, 2020 Work Session, Council considered approving an amendment to Chapter 52 of the City Ordinance "Environmental Waste Services" in order to provide a penalty for the collection of commercial waste without first entering a franchise agreement and add enforcement actions for noncompliance.

Consider a resolution amending the City's authorized representatives for purposes of participation in the Texas Local Government Investment Pool; designating a person with primary responsibility; providing an additional but limited representative; and providing an effective date.

At the December 14, 2020 Work Session, Council considered a resolution amending the authorized TexPool Representatives due to staff changes in the Financial Services Department.

Consider a resolution authorizing the City Manager to execute a Project Specific Agreement with Dallas County for transportation improvements on Holford Road from SH 190 to the county line (Project 22017), within the City of Garland, Dallas County; and providing an effective date.

In 2012 the City executed a Master Agreement with Dallas County that provides general terms regarding funding availability, agency responsibilities, etc., for “partnering” on eligible Transportation Improvements on roads inside Dallas County. The Master Agreement is the contractual agreement for eventual specific projects. A Project Specific Agreement (PSA) is then required to finalize specific costs and project management. Generally, Dallas County provides a 50% share of all eligible paving and drainage costs.

Consider a resolution authorizing the submission of a grant application to the Office of the Governor of the State of Texas for certain public safety, law enforcement and homeland security projects; and providing an effective date.

At the December 14, 2020 Work Session, Council considered the 2020 HSGP Resolution identifying the Authorized Official and the 2020 Homeland Security Grant Program City of Garland submitted projects.

Consider a resolution authorizing the City Manager to execute a Project Specific Agreement with Dallas County for transportation improvements on Holford Road from Naaman Forest to SH 190 (Project 22018), within the City of Garland, Dallas County and providing an effective date.

In 2012 the City executed a Master Agreement with Dallas County that provides general terms regarding funding availability, agency responsibilities, etc., for “partnering” on eligible Transportation Improvements on roads inside Dallas County. The Master Agreement is thecontractual agreement for eventual specific projects. A (Project Specific Agreement) PSA is then required to finalize specific costs and project management. Generally, Dallas County provides a 50% share of all eligible paving and drainage costs.

Consider approval of the CDBG-CV and ESG-CV Round 3 CARES Act grant allocations.

Formal approval of the CDBG-CV and ESG-CV Round 3 CARES Act grant allocations. This item has been previously discussed by Council during the November 9th, and December 14th, Work Sessions. A Public Hearing was held on November 10, 2020 to obtain any comments on the distribution of funding.

10.

Council is requested to approve the applications as presented.

The City Council reviewed several Fall 2020 Neighborhood Vitality Matching Grant applications at the November 30 Work Session, and recommended approval.

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.

11.

Water and Wastewater Service Agreement with D.R. Horton, Dallas County Municipal Utility District No. 4

Council is requested to authorize the City Manager to execute the Contracts with D.R. Horton, Dallas County Municipal Utility District No. 4.

12.

Hold public hearings on:

Consider a Zoning request by Josh Adams to re-zone the property at 905 and 911 East Oates Road in District 4 from Single-Family-7 (SF-7) District to Agricultural (AG) District, to allow a small farm for growing fruits and vegetables.

Consideration of the application of Josh Adams, requesting approval of a Change in Zoning from Single-Family-7 (SF-7) District to Agricultural (AG) District at 905 and 911 East Oates Road. This request is a Change in Zoning only. (File No. Z 20-33, District 4)

Consider a request by Masterplan to amend the Ordinance PD 16-35 which was approved in 2017 for multi-family use at 4501 North Garland Avenue (District 7). Due to a prospective real estate transaction, the amendment would modify the PD to reflect minor changes required during construction.

Consideration of the application of Masterplan, requesting an Amendment to Planned Development (PD) 16-35 for Multi-Family Use ordinance. This property is located at 4501 North Garland Avenue. (File No. Z 20-37, District 7)

Consider approval of a Detail Plan request by Masterplan for an existing apartment complex at 4501 North Garland Avenue in District 7. No physical changes to the existing site are being requested.

Consideration of the application of Masterplan, requesting approval of a Detail Plan. This property is located at 4501 North Garland Avenue. (File No. Z 20-37, District 7)

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 Jerry Nickerson

Lisa Araiza - Community Multicultural Commission

14.

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.

15.

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.

16.

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.

GARLAND
PLANNING REPORT


City Council Regular Session Agenda		Agenda Item 12.a.
Meeting Date:	12/15/2020
Item Title:	Z 20-33 Josh Adams (District 4)
Submitted By:	Nabiha Ahmed, Development Planner

REQUEST
Approval of a Change in Zoning from Single-Family-7 (SF-7) District to Agricultural (AG) District. LOCATION 905 and 911 East Oates Road
OWNER
Josh Adams
PLAN COMMISSION RECOMMENDATION
On November 23, 2020 the Plan Commission, by a vote of eight (8) to one (1), recommended approval of a Change in Zoning from Single-Family-7 (SF-7) District to Agricultural (AG) District.
STAFF RECOMMENDATION
Approval of Change in Zoning from Single-Family-7 (SF-7) District to Agricultural (AG) District.
BACKGROUND
The applicant requests approval of a Change in Zoning from Single-Family-7 (SF-7) District to Agricultural (AG) District for a small farm use to grow fruits and vegetables to sell off-site. The subject property is currently undeveloped.
SITE DATA
The subject site contains approximately 3.54 acres. The site has approximately 263 lineal feet of frontage along East Oates Road.
USE OF PROPERTY UNDER CURRENT ZONING
The subject property is zoned Single-Family-7 (SF-7) District. The Single-Family-7 (SF-7) District is intended to provide for development of primarily low-density detached single-family residences on a variety of lot sizes, churches, schools, and public parks in logical, livable, and sustainable neighborhoods. The applicant proposes to change the zoning to Agricultural (AG) District for a small farm use.
CONSIDERATIONS
The request is a traditional rezoning without the formation of a Planned Development (PD) District. These requests do not require Detail Plan approval to commence or direct development. Development is dependent on the standards set forth by the Garland Development Code (GDC) and the goals and policies established within the Envision Garland 2030 Comprehensive Plan. A Change in Zoning is not intended to restrict uses or secure development performances beyond what is permitted within the proposed zoning district and the GDC. Accordingly, the GDC requires careful consideration as to how closely the proposed district follows the policies of the Envision Garland 2030 Comprehensive Plan, and to what degree the rezoning will impact surrounding and future development. The Agricultural (AG) District is intended for vacant land which is not yet ready for development, land which is used for agricultural or open space purposes, land which due to its topography or location within a floodplain or other undevelopable area is not anticipated to be developed for more intense use, and land which has been newly annexed into the City of Garland. Land that has been newly annexed into the City is initially zoned Agricultural until it is zoned another more permanent zoning classification in the future. Single-family uses on large lots are appropriate in this district. The GDC provides the tools to ensure that development standards which promote efficient use of land and resources and which are supportive of the policies of the Comprehensive Plan are incorporated into site development, including but not limited to building and site design. The intent of the request is for a small farm use on the subject property. The applicant will combine the subject property and property to southwest (which is zoned AG) to grow fruits and vegetables. There is a single-family detached home on the property to the southwest. Small farms have become more common in urban and suburban areas in recent years, as small vegetable and fruit farms can successfully provide fresh and quality local produce.
COMPREHENSIVE PLAN
The Future Land Use Map of the Envision Garland 2030 Comprehensive Plan designates the subject property Compact Neighborhoods. Compact Neighborhoods provide areas for moderate increases in residential density, including single-family attached and single-family detached housing. It expands housing options through infill and redevelopment, while continuing walkable development patterns. These areas provide transitions between traditional residential neighborhoods and higher density residential neighborhoods and non-residential developments. These areas accommodate uses such as convenience retail (goods and services), office space, and public services. The architectural character and scale of these areas are compatible with adjacent residential development. Although the Agricultural (AG) District is not representative of Compact Neighborhoods, the proposed small farm use would be compatible and not disruptive to Compact Neighborhoods. It may also provide local resources for the community.
COMPATIBILITY OF REQUEST WITH SURROUNDING ZONING AND LAND USES
The surrounding properties are primarily developed with residential uses. The properties to the north are zoned Planned Development (PD) District 82-100 for Multi-Family use and Planned Development (PD) District 85-17 for Neighborhood Office use; these properties are developed with townhomes and a church. The property to the east is zoned Single-Family-7 (SF-7) District; it is developed with a single-family home. The properties to the south, across East Oates Road, are zoned Single-Family-7 (SF-7) District; these properties are developed with single-family detached homes. The property to the southwest is zoned Agricultural (AG) District; it is developed with a single-family detached home.

Attachments
Z 20-33 Location Map
Z 20-33 R&M
Z 20-33 Responses
Z 20-33 Staff Presentation

GARLAND
PLANNING REPORT


City Council Regular Session Agenda		Agenda Item 12.b.
Meeting Date:	12/15/2020
Item Title:	Z 20-37 Masterplan - Zoning (District 7)
Submitted By:	Nabiha Ahmed, Development Planner

REQUEST

Approval of an Amendment to Planned Development (PD) District 16-35 for Multi-Family Use.

LOCATION
4501 North Garland Avenue

OWNER

Jefferson Woodlands, LLC

PLAN COMMISSION RECOMMENDATION

On November 23, 2020 the Plan Commission, by a vote of nine (9) to zero (0), recommended approval of an Amendment to Planned Development (PD) District 16-35 for Multi-Family Use.

STAFF RECOMMENDATION

Approval of an Amendment to Planned Development (PD) District 16-35 for Multi-Family Use.

BACKGROUND

This site is part of a larger area which the City Council approved for Multi-Family Dwelling units, Elder Care-Independent and Assisted Living (senior apartments), Neighborhood Services (NS) District Uses, and Restaurant Use on several different tracts.

This site is developed with an apartment complex. Due to a prospective real estate transaction, the applicant requests to amend and align the zoning ordinance with the as-built conditions. No physical changes to the site are proposed with this request.

SITE DATA

The subject site contains approximately 15.2 acres. The site has approximately 1003 lineal feet of frontage along North Garland Avenue.

USE OF PROPERTY UNDER CURRENT ZONING

The area of request is Tract 4 of Planned Development (PD) 16-35, which is specifically designated for Multi-Family dwelling units. The Multi-Family (MF) District is an attached residential district intended to promote stable, quality, attached-occupancy residential development in livable, sustainable, and compact residential communities at a maximum density of eighteen dwelling units per acre. The principal allowed land uses include low-rise to mid-rise multiple-family dwelling structures that are renter-occupied or owner-occupied (as in condominiums). Recreational, religious, health, and educational uses normally located to serve residential areas are also allowed in this district. This district should be located adjacent to an arterial or collector street, and can serve as a buffer between nonresidential development or heavy automobile traffic and medium-density or low-density residential development. This district accommodates a variety of housing types including triplexes, quadplexes, apartments, and condominiums.

CONSIDERATIONS

The request is to amend the existing Planned Development (PD) District 16-35 to align the zoning ordinance with the as-built conditions. The subject site is already developed. No physical changes are proposed with this request.

Development Standards	PD 16-35	As-Built Conditions
Surface Parking	203	204
Covered Parking Spaces	212	221*
Garage Spaces	152	147
Tandem Parking Spaces	42	55**
Total Parking Spaces	609	614
Minimum One-bedroom unit floor area	728 SF	712 SF
Overall unit floor area average	922 SF	926 SF

*13 of the covered spaces are covered tandem spaces
**Applies to parking supply to satisfy the requirements

Screening and landscaping shall be in general conformance with the Landscape Plan set forth in Exhibit D. The applicant does not intend to make any changes to the approved landscape plan from Planned Development (PD) District 16-35.
The site is developed. There are no modifications requested with the approved building elevations.

COMPREHENSIVE PLAN

The Future Land Use Map of the Envision Garland 2030 Comprehensive Plan designates the subject property Urban Neighborhoods. Urban Neighborhoods are higher density residential developments. This residential option may utilize vertical mixed-use integrated into the surrounding area, reflecting the area’s dominant character or, when desired, promoting a new character. This type of development should encourage access to a range of mobility options and is generally located in the vicinity of major intersections and/or secondary arterial streets, with proximity to significant bus or rail amenities.

COMPATIBILITY OF REQUEST WITH SURROUNDING ZONING AND LAND USES

The surrounding properties are primarily developed with commercial and residential uses. The properties to the northwest are zoned PD 16-16 for Multi-Family Residential Dwellings and it is under construction and Planned Development (PD) District 17-52 for Mixed Use; it is currently undeveloped . The property to the northeast is zoned Planned Development (PD) District 19-04 for Mixed Use; it is currently undeveloped. The property to the southeast is zoned Agriculture (AG) District; it is developed with a water park. The property to the south is zoned Planned Development (PD) District 16-35 for Mixed Use; it is currently undeveloped.

Attachments
Z 20-37 Location Map
Z 20-37 Exhibit B
Z 20-37 Zoning R&M
Z 20-37 Responses
Z 20-37 Staff Presentation

GARLAND
PLANNING REPORT


City Council Regular Session Agenda		Agenda Item 12.c.
Meeting Date:	12/15/2020
Item Title:	Z 20-37 Masterplan - Detail Plan (District 7)
Submitted By:	Nabiha Ahmed, Development Planner

REQUEST

Approval of a Detail Plan for Multi-Family Use.

LOCATION
4501 North Garland Avenue

OWNER

Jefferson Woodlands, LLC

PLAN COMMISSION RECOMMENDATION

The Plan Commission, by a vote of nine (9) to zero (0), recommended approval of a Detail Plan for Multi-Family Use.

STAFF RECOMMENDATION

Approval of a Detail Plan for Multi-Family Use.

BACKGROUND

SITE DATA

The subject site contains approximately 15.2 acres. The site has approximately 1003 lineal feet of frontage along North Garland Avenue.

USE OF PROPERTY UNDER CURRENT ZONING

CONSIDERATIONS

Development Standards	PD 16-35	As-Built Conditions
Surface Parking	203	204
Covered Parking Spaces	212	221*
Garage Spaces	152	147
Tandem Parking Spaces	42	55**
Total Parking Spaces	609	614
Minimum One-bedroom unit floor area	728 SF	712 SF
Overall unit floor area average	922 SF	926 SF

*13 of the covered spaces are covered tandem spaces
**Applies to parking supply to satisfy the requirements

Screening and landscaping shall be in general conformance with the Landscape Plan set forth in Exhibit D. The applicant does not intend to make any changes to the approved landscape plan from Planned Development (PD) District 16-35.
The site is developed. There are no modifications requested with the approved building elevations.

COMPREHENSIVE PLAN

COMPATIBILITY OF REQUEST WITH SURROUNDING ZONING AND LAND USES

Attachments
Z 20-37 Location Map
Z 20-37 Exhibits C & D
Z 20-37 Detail Plan R&M
Z 20-37 Responses
Z 20-37 Staff Presentation