Agenda

AGENDA

CITY COUNCIL WORK SESSION
City of Garland

REMOTE MEETING

Monday, March 1, 2021
6:00 p.m.

DEFINITIONS:

Written Briefing: Items that generally do not require a presentation or discussion by the staff or Council. On these items the staff is seeking direction from the Council or providing information in a written format.

Verbal Briefing: These items do not require written background information or are an update on items previously discussed by the Council.

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_NTN-YZdSR0y28XGA514F3A

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:

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

The Meeting ID is: 931 4811 1042

For participants (online and by phone) who wish to speak, a public comments period is provided as the first item on the agenda. If you desire to address the City Council on a matter that is posted on this agenda, please be prepared to do so at the beginning of the meeting. After the City Council has begun its discussion of the agenda, you will not be recognized to speak. The public comments portion of the meeting is provided for citizen comments. You are invited to offer a comment or make a statement on any item on the agenda. However, please bear in mind that offering comments should not be done in the form of posing questions. Generally, due to legal restrictions, the City Council is not able to answer questions during the public comments portion of the agenda. Your comments must relate to an item on this agenda - non-germane comments are not in order.

If an Executive Session is included as part of the agenda for 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.

NOTICE: The City Council may recess from the open session and convene in a closed executive session if the discussion of any of the listed agenda items concerns one or more of the following matters:

(1) Pending/contemplated litigation, settlement offer(s), and matters concerning privileged and unprivileged client information deemed confidential by Rule 1.05 of the Texas Disciplinary Rules of Professional Conduct. Sec. 551.071, Tex. Gov't Code.

(2) The purchase, exchange, lease or value of real property, if the deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third person. Sec. 551.072, Tex. Gov't Code.

(3) A contract for a prospective gift or donation to the City, if the deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third person. Sec. 551.073, Tex. Gov't Code.

(4) Personnel matters involving the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee or to hear a complaint against an officer or employee. Sec. 551.074, Tex. Gov't Code.

(5) The deployment, or specific occasions for implementation of security personnel or devices. Sec. 551.076, Tex. Gov't Code.

(6) Discussions or deliberations regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City and with which the City is conducting economic development negotiations; or to deliberate the offer of a financial or other incentive to a business prospect of the sort described in this provision. Sec. 551.087, Tex. Gov't Code.

(7) Discussions, deliberations, votes, or other final action on matters related to the City’s competitive activity, including information that would, if disclosed, give advantage to competitors or prospective competitors and is reasonably related to one or more of the following categories of information:

generation unit specific and portfolio fixed and variable costs, including forecasts of those costs, capital improvement plans for generation units, and generation unit operating characteristics and outage scheduling;
bidding and pricing information for purchased power, generation and fuel, and Electric Reliability Council of Texas bids, prices, offers, and related services and strategies;
effective fuel and purchased power agreements and fuel transportation arrangements and contracts;
risk management information, contracts, and strategies, including fuel hedging and storage;
plans, studies, proposals, and analyses for system improvements, additions, or sales, other than transmission and distribution system improvements inside the service area for which the public power utility is the sole certificated retail provider; and
customer billing, contract, and usage information, electric power pricing information, system load characteristics, and electric power marketing analyses and strategies. Sec. 551.086; Tex. Gov't Code; Sec. 552.133, Tex. Gov’t Code]


1.		Public Comments on Work Session Items Persons who desire to address the City Council on any item on the Work Session agenda are allowed three minutes to speak. Speakers are taken only at the beginning of the meeting, other than invited testimony. Speakers are grouped by Work Session item and will be taken in the order of the Work Session agenda. Speakers must submit to the City Secretary a completed speaker’s card before the beginning of the meeting. Speaker cards will not be accepted after the Mayor calls the meeting to order. Speaker cards are available in the lobby, at the visitor’s side of the Work Session Room, and from members of staff. Speakers are limited to addressing items on the Work Session agenda – any item relating to a Regular Session agenda item should be addressed at the Regular Session and any item not on an agenda may be addressed during the open microphone at the end of the Regular Session.

2.		Consider the Consent Agenda A member of the City Council may ask for discussion or further information on an item posted as a consent agenda item on the next Regular Meeting of the City Council. The Council Member may also ask that an item on the posted consent agenda be pulled from the consent agenda and considered for a vote separate from consent agenda items on the regular agenda. All discussions or deliberations on this portion of the work session agenda are limited to posted agenda items and may not include a new or unposted subject matter.

3.		Written Briefings:

	a.	Youth Programs Standards of Care Ordinance Council is requested to adopt an ordinance after public comments for the Youth Programs Standards of Care. Unless otherwise directed by Council, this item will be scheduled for formal consideration at the March 16, 2021 Regular Meeting.

	b.	Police Contact Data In accordance with the Texas “Racial Profiling” statute (Texas Code of Criminal Procedure Article 2.131 through 2.138), the Garland Police Department has been collecting police contact data for the purpose of identifying and responding to concerns regarding racial profiling since the implementation of the statute in 2002. In accordance with the law, the Police Department is required to submit this report to the City Council by March 1st of each year for the data from the previous calendar year.

	c.	Non-Profit Organization Lease Renewals Council is requested to approve the proposed lease agreements which were drafted in accordance with the Non-Profit Organization and Sports Field Use Policy Recommendations submitted to City Council by the Administrative Services Committee at the October 19, 2020 Work Session. Unless otherwise directed by Council, this item will be scheduled for formal consideration at the March 16, 2021 Regular Meeting.

4.		Verbal Briefings:

	a.	COVID-19 Response Update and Further Actions Staff will provide an update to Council and ask for Council direction, if needed, on various matters related to COVID-19 and actions being taken by the City.

	b.	Discuss a Possible Credit to Water Bills At the request of Council Member Robert John Smith and Mayor Scott LeMay, Council will discuss a possible credit to water bills based on the winter storm event and the need to "drip" water faucets. This credit would be an addition to the adjustment made when there is a broken pipe.

	c.	Audit Committee Report Council Member Rich Aubin, Chair of the Internal Audit Committee, will provide a committee report on the following items: Liability Claims Audit Software Licensing Audit Follow-Up Kraft Employee Retention Audit City-wide Risk Assessment & FY/2021 Annual Audit Plan

	d.	Public Safety Committee Report Council Member Robert Vera, Chairman of the Public Safety Committee, and Chief Jeff Bryan, Staff Liaison to the Committee, will provide a committee report on the following items assigned to the Committee: Consider an ordinance prohibiting vehicles from parking on City owned property except in designated parking spaces. Discuss topics related to street racing on Garland streets.

	e.	Accessory Dwelling Units (ADU’s) The Development Services Committee will report its findings regarding Accessory Dwelling Units (ADU’s). At the request of the City Council, the Development Services Committee has discussed current regulations of Accessory Dwelling Units (ADU's).

	f.	Specific Use Provision (SUP) Time Periods The Development Services Committee will report its findings regarding SUP time periods. At the request of the City Council, the Development Services Committee has discussed SUP time periods. The Committee has drafted a policy guide to applicants, staff and the Plan Commission for assigning such time periods, based on past City Council approvals.

	g.	Office of Fair Housing Program Recommendations Staff will present recommended changes in Garland's Fair Housing Ordinance.

	h.	Amendments to the Garland Development Code (GDC) Regarding Home Occupations At the request of Deputy Mayor Pro Tem Deborah Morris, and seconded by Mayor Scott LeMay, Council is requested to discuss Home Occupations.

5.		Announce Future Agenda Items A member of the City Council, with a second by another member, or the Mayor alone, may ask that an item be placed on a future agenda of the City Council or a committee of the City Council. No substantive discussion of that item will take place at this time.

6.		Council will move into Executive Session

		EXECUTIVE SESSION AGENDA NOTICE: The City Council may recess from the open session and convene in a closed executive session if the discussion of any of the listed agenda items concerns one or more of the following matters:



		The City Council will adjourn into Executive Session pursuant to Section 551.074 of the Texas Government Code (relating to personnel) to conduct the annual review of the Municipal Judges, the City Auditor, the City Attorney, and the City Manager.

		The City Council will adjourn into Executive Session pursuant to Sections 551.071 and 551.086 of the Texas Government Code regarding attorney-client communications and competitive matters relating to GP&L operations in the recent weather-related electric curtailment event.

7.		Adjourn

GARLAND
PLANNING REPORT


City Council Work Session Agenda		Work Session Item 4.h.
Meeting Date:	03/01/2021
Item Title:	Consider amendments to Chapter 2, Section 2.61 of the Garland Development Code regarding Home Occupations.
Submitted By:	Jud Rex, Assistant City Manager

REQUEST
Consider amendments to Chapter 2, Section 2.61 of the Garland Development Code regarding Home Occupations.
OWNER
Judson Rex, Assistant City Manager
PLAN COMMISSION RECOMMENDATION
During their November 12, 2018 meeting, the Plan Commission, with a seven (7) to zero (0) vote, recommended approval of amendments to Chapter 2, Section 2.61 of the Garland Development Code regarding Home Occupations.
STAFF RECOMMENDATION
Staff recommends the City Council consider the amendments that have been drafted.
BACKGROUND
Update: This item was tabled at the December 4, 2018 City Council meeting after being discussed at the December 3, 2018 Work Session and the October 15, 2018 Development Services Committee meeting. The item was requested to be reconsidered at the February 1, 2021 City Council work session. Attached is a copy of the most recent amendments proposed to Section 2.61 of the Garland Development Code (GDC), which relates to Home Occupations. These modifications are based on the feedback received by the Development Services Committee and the City Council during work session discussions. Background information provided for the 12/4/2018 City Council meeting: The proposed amendments add clarification regarding what constitutes a violation of the Home Occupations section of the GDC (Section 2.61) in relation to automobile repair and sales; as well as contracting, lawn care and construction services within a residential zoning district. Subsequent GDC amendment language has been reviewed and recommended accordingly by the Development Services Committee of the City Council. As mentioned above, the Plan Commission reviewed and recommended approval of the amendments during their November 12, 2018 meeting.
CONSIDERATIONS
The proposed amendments would make it a violation to perform major automobile repair in a residential zoning district, or minor or major automobile repair in a residential zoning district if the vehicle is not registered to a person who owns the property (or named on the electric utility bill) on which the motor vehicle is located. “Automobile Repair, Major” is defined in the GDC as: General repair or reconditioning of automobiles such as the following: engines, air-conditioning systems and transmissions for motor vehicles, collision repair services including body, frame or fender straightening or repair, customizing, painting, vehicle steam cleaning, undercoating and rustproofing, the uses listed under Automobile Repair (Minor), and other similar uses. “Automobile Repair, Minor” is defined in the GDC as: Minor repair of automobiles such as the following: replacement of parts, tires (includes tire store), tubes and batteries, diagnostic services, minor maintenance services such as grease, oil (includes oil or lube facility), spark plug and filter changing, tune-ups, emergency road service, replacement of starters, alternators, hoses and brake parts, automobile washing and polishing, performing state inspections and making minor repairs necessary to pass state inspections, normal servicing of air-conditioning systems, the repair and replacement of automotive glass and upholstery, and other similar maintenance services, but not including any operation named under Automobile Repair (Major) or any other similar use. 2. The proposed amendments would also make it a violation to store, park, or stage construction equipment, materials, or a trailer or motor vehicle loaded with construction equipment or materials in a residential zoning district. 3. In addition, the proposed amendments would make it a violation to sell vehicles that are not registered to a person who owns the property (or named on the electric utility bill) on which the motor vehicle is located, parked, or stored.

Attachments
Home Occupation Amendments