Agenda

AGENDA

REGULAR MEETING OF THE CITY COUNCIL
City of Garland

REMOTE MEETING

Tuesday, November 10, 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_MMOVqsQ2Q0iT9pVP__xwZw

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: 932 3002 2958

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 October 20, 2020 Regular Meeting.

Consider approval of the following bids:

Replacement Ruggedized Mobile Stations		Bid No. 0137-21

GTS Technology Solutions	$500,000.00

This request is for the scheduled replacement of ruggedized mobile workstations that have reached end-of-life. Routine replacement of outdated and end-of-life equipment is necessary to maintain reliability, operate modern software and provide current technology. This approval is for a Term Agreement that will be renewed annually as long as funding is approved in the budget and the designated vendor is on the Cooperative Purchasing Contract.

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

NorthStar Energy Solutions	$69,532.36

This request is to approve a Change Order to provide additional funding for expenses associated with the mobilization/demobilization of four additional construction crews.

GP&L Substation Connectors & Fittings		Bid No. 1230-20

DMC Power, Inc.	$1,000,000.00

This request is to purchase bus, cable, ground grid fittings and tools on an as-needed basis for Substation construction and maintenance. This approval is for a Term Agreement with four optional renewals.

GP&L Limestone to Gibbons Creek Transmission Line Structures		Bid No. 1272-20

Texas Electric Cooperatives, Inc.	$407,075.00
Optional Contingency	40,707.00
TOTAL:	$447,782.00

This request is for the purchase of steel structures for transmission line relocations on the 345kV Gibbons Creek/Limestone 345kV Transmission Line as part of the TxDOT widening of Texas Highway 121. An Optional Contingency is included for any additional work that may be required.

GP&L/TMPA McCree Substation Construction		Bid No. 1288-20

Primoris T&D Services, LLC	$5,369,195.00
Optional Contingency	490,633.70
TOTAL:	$5,859,828.70

This request is to provide GP&L and TMPA above and below grade construction services for the McCree Substation. An Optional Contingency is included for any additional work that may be required.

Audubon Recreation Center Fitness Equipment		Bid No. 0104-21

Marathon Fitness	$144,823.83

This request is for the purchase of new fitness equipment for Audubon Recreation Center.

Arterial Pavement Maintenance - Minor Repairs V		Bid No. 0106-21

Jerusalem Corporation	$2,080,933.00

This request is to provide concrete repairs for arterial roadways throughout the city.

Police Pursuit Vehicles		Bid No. 0117-21

Reliable Chevrolet	$975,293.00

This request is to purchase twenty-seven (27) replacement Chevrolet Tahoe Police Pursuit vehicles.

State Highway 78 Conceptual Landscape Master Plan		Bid No. 0432-19

BW2 Engineers, Inc.	$8,500.00

This request is to approve a Change Order for a State Highway 78 project.

Playground Program Equipment		Bid No. 0110-21

Gametime (Total Recreation Products, Inc.)	$302,744.02
Optional Contingency	30,000.00
TOTAL:	$332,744.02

This request is for the purchase of playground equipment in support of the Playground Replacement Program. An Optional Contingency is included for any additional services that may be required.

GP&L Newman 69kV Substation Feeder Duct Line Installation, Phase I		Bid No. 1398-20

Tri-Con Services, Inc.	$103,000.00
Optional Contingency	5,000.00
TOTAL:	$108,000.00

This request is for the installation of new duct bank facilities at the Newman 69kV Substation. An Optional Contingency is included for any additional work that may be required.

Rowlett Creek Wastewater Treatment Plant Sewer Line Rehabilitation		Bid No. 0129-21

Insituform Technologies, LLC	$848,280.00
Optional Contingency	84,828.00
TOTAL:	$933,108.00

This request is to provide labor, material, equipment, supervision and plans to rehabilitate approximately 750 linear feet of 54-inch sanitary sewer line by means of cured-in-place pipe. An Optional Contingency is included for any additional work that may be required.

Carroll Drive Paving, Water and Wastewater Replacement		Bid No. 1365-20

GRod Construction, LLC	$1,942,577.61

This request is to provide approximately 0.51 miles of paving, water and wastewater main replacement on Carroll Drive from Douglas Drive to Glenbrook Drive.

Concrete Sawing Services		Bid No. 0492-18

Xtreeme Sawing and Sealing	$38,937.50

This request is to approve a Change Order to add additional funding for concrete sawing services due to the increasing number of street, alley, water and sanitary sewer construction projects.

Ambulance Cots, Loaders and Stair Chairs		Bid No. 0098-21

Stryker Sales Corp.	$137,284.59

This request is to provide ambulance equipment including three powered cots with compatible auto loaders and three stair chairs used for patient handling and transporting.

Consider by minute action authorizing the City Manager to execute the Contract of Sale (Contract) for the property and authorize the Mayor to execute a Deed Without Warranty conveying the 3.0 ac. parcel of land to Rayburn Electric Cooperative for the amount of $300,100, once the terms of the Contract have been met.

The City Council previously authorized staff to proceed with the sale of a 3.0 ac. parcel of land on Vinson Road, through the City’s standard processes and procedures, for fair market value. As determined by a certified land appraiser, a fair market value of $300,000 was established for the property and set as the minimum bid value.

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 19-22, QuikTrip Corporation and Glenn Engineering Corporation (District 3)

Consider an ordinance amending the Garland Development Code of the City of Garland, Texas, by approving 1) a Change of Zoning from Community Retail (CR) District to a Planned Development (PD) District to allow a Travel Center Use; 2) a Detail Plan for a Travel Center Use and Fuel Pumps, Retail Use and; 3) a Specific Use Provision for a Fuel Pumps, Retail Use and located at 524 East Interstate Highway 30; 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.

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.

Hold a Public Hearing to Obtain Input Regarding Additional ESG-CV and CDBG-CV Funding Authorized by the CARES Act

At the November 9, 2020 Work Session, Council was provided information regarding $2,004,381 in additional Emergency Solutions Grant funding and $1,693,708 in additional Community Development Block Grant funding provided through the Coronavirus Aid, Relief and Economic Security Act to implement projects to be used for response and recovery as a result of COVID-19. As part of the process, a public hearing is required to solicit comments from any interested parties relating to this issue.

Hold public hearings on:

Consider a Specific Use Provision (SUP) request by Jerry DeFeo to add outdoor used car sales at an existing automobile repair facility at 4301 Action Street in District 6.

Consideration of the application of Jerry DeFeo, requesting approval of Specific Use Provision for Automobile Sales, New or Used on a property zoned Industrial (IN) District. This property is located at 4301 Action Street. This item serves as the applicant’s Zoning request. (File No. Z 20-27, District 6)

Consider a Plan request by Jerry DeFeo to add outdoor used car sales at an existing automobile repair facility at 4301 Action Street in District 6.

Consideration of the application of Jerry DeFeo, requesting approval of a Plan for Automobile Sales, New or Used on a property zoned Industrial (IN) District, subject to the above Specific Use Provision request for Case Z 20-27. This property is located at 4301 Action Street. This item serves as the applicant’s Plan request. (File No. Z 20-27, District 6)

Consider a Variance request by Lucky Market, LLC to allow alcoholic beverages (beer & wine) to be sold at an existing convenience store at 3405 Broadway Boulevard in District 4, closer than the required distance of 300 feet to a public school.

Consideration of the application of a variance to Chapter 2, Article 5, Section 2.55(A) of the Garland Development Code regarding the distance to a church, public school, or public hospital from an establishment that sells or serves alcoholic beverages. This property is located at 3405 Broadway Boulevard. (File No. BW 20-01, District 4)

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.

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 6.a.
Meeting Date:	11/10/2020
Item Title:	Z 20-27 Jerry DeFeo - SUP (District 6)
Submitted By:	Kimberly Hopkins, Development Planner

REQUEST
Approval of a Specific Use Provision for Automobile Sales, New or Used on a property zoned Industrial (IN) District. LOCATION 4301 Action Street
OWNER
Mohammad Ghrir
PLAN COMMISSION RECOMMENDATION
On October 12, 2020 the Plan Commission, by a vote of six (6) to three (3), recommended denial of 1) a Specific Use Provision for Automobile Sales, New or Used on a property zoned Industrial (IN) District. The Plan Commission, by a vote of nine (9) to zero (0), also recommended denial of a Plan for Automobile Sales, New or Used on a property zoned Industrial (IN) District.
STAFF RECOMMENDATION
Denial of a Specific Use Provision for Automobile Sales, New or Used on a property zoned Industrial (IN) District. It is recommended that uses on the subject site contribute to or support industrial employment in keeping with the intent of the Industrial (IN) District and Industry Centers recommendation of the Envision Garland Plan. Denial of a Plan for an Automobile Sales, New or Used on a property zoned Industrial (IN) District. Should the Council approve the request, parking spaces for auto sales display are recommended to be limited only to those shown on the site plan (Exhibit C in the Plan item).
BACKGROUND
The applicant is requesting approval to add outdoor used car sales at an existing automobile repair facility. In 2019, the Plan Commission denied Case Z 19-30, a Specific Use Provision request for Automobile Sales, New or Used on the subject property, with a nine (9) to zero (0) vote. The applicant for Case Z 19-30 [Dan Robertson] withdrew the application following the Plan Commission meeting.
SITE DATA
The site contains approximately 0.358 acres with approximately 230 lineal feet of frontage along Action Street, which is used as the main access point to and from the property.
USE OF PROPERTY UNDER CURRENT ZONING
The Industrial (IN) District is intended to provide for a wide range of industrial uses that are generally not compatible adjacent to residential neighborhoods, and may or may not be compatible with some nonresidential uses. Such uses include manufacturing, processing, assembling, research and development, and warehousing and distribution. The Industrial (IN) District also accommodates support services for industrial development such as office, commercial, personal and professional services, and limited retail activities. The Industrial (IN) District regulations are designed to ensure compatibility among the various uses allowed in the district, and to protect adjacent non-industrial development from potentially incompatible uses and conditions. The applicant intends to add outdoor used car sales at an existing automobile repair facility. A used car sales operation requires a Specific Use Provision in the Industrial (IN) District.
CONSIDERATIONS
The applicant proposes to add used car sales to an existing 5,000 square-foot Major Automobile Repair business on a 0.358-acre property. The sales would include outdoor parking and display of vehicles. Nineteen (19) parking spaces are required as per the GDC for the existing and proposed uses. The applicant is providing nineteen (19) parking spaces; however, six (6) of the spaces are designated for display purposes while thirteen (13) are customer parking spaces. Neither a building expansion nor a parking lot expansion is proposed with this request. Landscaping and screening compliance is not triggered by this request. The applicant requests the SUP to be in effect for a period of twenty (20) years.
COMPREHENSIVE PLAN
The Future Land Use Map of the Envision Garland Plan recommends Industry Center for the subject property. Industry Centers provide a cluster of trade and industry that cumulatively employ large numbers of people. Operations may include such elements as semi-truck traffic, loading docks, and visible outdoor storage. Overall, the architecture, character, scale, and intensity should be compatible with adjacent development types. Industry Centers range in scale and intensity based on the surrounding vicinity and may consist of one or more buildings. This development type includes a variety of primary and secondary uses that support the industry employment sector.
COMPATIBILITY OF REQUEST WITH SURROUNDING ZONING AND LAND USES
The properties to the north, south, east and west are zoned Industrial (IN) District, consisting of such uses as an HVAC company, building material suppliers, fleet equipment, and auto repair facilities.

Attachments
Z 20-27 Jerry DeFeo Attachments
Z 20-27 Jerry DeFeo Responses
Z 20-27 Staff Presentation

GARLAND
PLANNING REPORT


City Council Regular Session Agenda		Agenda Item 6.b.
Meeting Date:	11/10/2020
Item Title:	Z 20-27 Jerry DeFeo - Plan (District 6)
Submitted By:	Kimberly Hopkins, Development Planner

REQUEST
Approval of a Plan for Automobile Sales, New or Used on a property zoned Industrial (IN) District. LOCATION 4301 Action Street
OWNER
Mohammad Ghrir
PLAN COMMISSION RECOMMENDATION
On October 12, 2020 the Plan Commission, by a vote of six (6) to three (3), recommended denial of 1) a Specific Use Provision for Automobile Sales, New or Used on a property zoned Industrial (IN) District. The Plan Commission, by a vote of nine (9) to zero (0), also recommended denial of a Plan for Automobile Sales, New or Used on a property zoned Industrial (IN) District.
STAFF RECOMMENDATION
Denial of a Specific Use Provision for Automobile Sales, New or Used on a property zoned Industrial (IN) District. It is recommended that uses on the subject site contribute to or support industrial employment in keeping with the intent of the Industrial (IN) District and Industry Centers recommendation of the Envision Garland Plan. Denial of a Plan for an Automobile Sales, New or Used on a property zoned Industrial (IN) District. Should the Council approve the request, parking spaces for auto sales display are recommended to be limited only to those shown on the site plan (Exhibit C).
BACKGROUND
The applicant is requesting approval to add outdoor used car sales at an existing automobile repair facility. In 2019, the Plan Commission denied Case Z 19-30, a Specific Use Provision request for Automobile Sales, New or Used on the subject property, with a nine (9) to zero (0) vote. The applicant for Case Z 19-30 [Dan Robertson] withdrew the application following the Plan Commission meeting.
SITE DATA
The site contains approximately 0.358 acres with approximately 230 lineal feet of frontage along Action Street, which is used as the main access point to and from the property.
USE OF PROPERTY UNDER CURRENT ZONING
The Industrial (IN) District is intended to provide for a wide range of industrial uses that are generally not compatible adjacent to residential neighborhoods, and may or may not be compatible with some nonresidential uses. Such uses include manufacturing, processing, assembling, research and development, and warehousing and distribution. The Industrial (IN) District also accommodates support services for industrial development such as office, commercial, personal and professional services, and limited retail activities. The Industrial (IN) District regulations are designed to ensure compatibility among the various uses allowed in the district, and to protect adjacent non-industrial development from potentially incompatible uses and conditions. The applicant intends to add outdoor used car sales at an existing automobile repair facility. A used car sales operation requires a Specific Use Provision in the Industrial (IN) District.
CONSIDERATIONS
The applicant proposes to add used car sales to an existing 5,000 square-foot Major Automobile Repair business on a 0.358-acre property. The sales would include outdoor parking and display of vehicles. Nineteen (19) parking spaces are required as per the GDC for the existing and proposed uses. The applicant is providing nineteen (19) parking spaces; however, six (6) of the spaces are designated for display purposes while thirteen (13) are customer parking spaces. Neither a building expansion nor a parking lot expansion is proposed with this request. Landscaping and screening compliance is not triggered by this request. The applicant requests the SUP to be in effect for a period of twenty (20) years.
COMPREHENSIVE PLAN
The Future Land Use Map of the Envision Garland Plan recommends Industry Center for the subject property. Industry Centers provide a cluster of trade and industry that cumulatively employ large numbers of people. Operations may include such elements as semi-truck traffic, loading docks, and visible outdoor storage. Overall, the architecture, character, scale, and intensity should be compatible with adjacent development types. Industry Centers range in scale and intensity based on the surrounding vicinity and may consist of one or more buildings. This development type includes a variety of primary and secondary uses that support the industry employment sector.
COMPATIBILITY OF REQUEST WITH SURROUNDING ZONING AND LAND USES
The properties to the north, south, east and west are zoned Industrial (IN) District, consisting of such uses as an HVAC company, building material suppliers, fleet equipment, and auto repair facilities.

Attachments
Z 20-27 Jerry DeFeo Attachments
Z 20-27 Jerry DeFeo Responses
Z 20-27 Staff Presentation

GARLAND
PLANNING REPORT


City Council Regular Session Agenda		Agenda Item 6.c.
Meeting Date:	11/10/2020
Item Title:	BW 20-01 Lucky Market, LLC (District 4)
Submitted By:	Will Guerin, Planning Director

REQUEST
Variance to reduce the minimum separation requirement between an establishment that sells or serves alcoholic beverages and a school. LOCATION 3405 Broadway Boulevard
OWNER
TMT, Inc.
BACKGROUND
Chapter 2, Article 5, Section 2.55(A) of the Garland Development Code (GDC) states that an establishment that sells or serves alcoholic beverages may not be located nearer than 300 feet of a church, public school or public hospital. However, Section 2.55(C) allows for a variance process through the City Council. The applicant, who is in the process of purchasing a convenience store with fuel sales [Whip-In] located at 3405 Broadway Boulevard, requests a variance to allow the sales of beer and wine for off-premise consumption. There is an existing public school [South Garland High School] west of the subject property, across Colonel Drive, approximately 80 feet away. A previous alcohol distance variance was granted by the City Council on this site in 2019 to the current owner. However, in order for the prospective owner to receive a new permit from the Texas Alcoholic Beverage Commission (TABC), the City of Garland must first give approval.
SITE DATA
The subject property contains 0.52 acres and fronts approximately 152 feet along Broadway Boulevard and approximately 150 feet along Colonel Drive. The subject property is zoned Community Retail (CR) District.
CONSIDERATIONS
On the subject property sits a convenience store with fuel sales [Whip-In]. The applicant wishes to purchase the property at 3405 Broadway Boulevard and continue to sell beer and wine from the convenience store. As mentioned above, Chapter 2, Article 5, Section 2.55(A) of the Garland Development Code (GDC) states that an establishment that sells or serves alcoholic beverages may not be located nearer than 300 feet to a church, public school or public hospital. There is an existing public school [South Garland High School] less than 300 feet from the subject property. Per the GDC guidelines, the measurement between public schools and alcohol-selling establishments is in a direct line from property line to property line; the subject property and the South Garland High School property are approximately 80 feet apart. Chapter 2, Article 5, Section 2.55(C) of the Garland Development Code (GDC) states that “The City Council may grant a variance to the distance regulations provided by this Section if the City Council determines that enforcement of those regulations in a particular instance is not in the best interest of the public, constitutes waste or inefficient use of land or other resources, creates an undue hardship on an applicant for a license or permit, does not serve its intended purpose, is not effective or necessary, or for any other reason the City Council, after consideration of the health, safety and welfare of the public and the equities of the situation, determines is in the best interest of the community.”

Attachments
BW 20-01 Lucky Market, LLC Location Map
BW 20-01 Lucky Market, LLC Responses
BW 20-01 Lucky Market, LLC Staff Presentation