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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
August 1, 2023
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: 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 to 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]

Image of Strategic Plan Summary FOR COUNCIL AGENDA ( Regular Meeting Cover Sheet)

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 July 18, 2023, Regular Meeting.

Consider approval of the following bids:

Polydyne Inc.

Bid No. 1261-21

Polydyne Inc.

159,000.00

This request is to approve a change order to the Rowlett Creek Wastewater Treatment Plant polymer contract. The polymer is used for drying sludge that goes through the centrifuge to haul dry solids to the landfill. The change order is necessary due to price increases for polymer as well as tariff freight charges.

GP&L Underground Duct Bank Extension

Bid No. 0865-23

The Fishel Company

498,810.03

This request is to provide labor for the installation of a feeder duct bank extension needed to establish electric service to the LCG Firewheel Apartment Complex development. This is part of the Distribution Underground Construction CIP program.

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.

Z 21-07, DDC, Inc. (District 1)

Consider an ordinance amending the Garland Development Code of the City of Garland, Texas, by approving a Detail Plan for Single-Family Detached Homes on a 28.62-acre tract of land zoned Planned Development (PD) District 16-23 and located at 2675 East Brand 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; providing a Savings Clause and a Severability Clause; and providing an effective date.

Z 21-41, Homeyer 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 Single-Family-7 (SF-7) District and Agricultural (AG) District to a Planned Development (PD) District for Single-Family Attached Uses; 2) an Alley Waiver and 3) a Detail Plan for Single-Family Attached (SFA) development on a 2.262-acre tract of land located 1306 and 1314 Rowlett 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; providing a Savings Clause and a Severability Clause; and providing an effective date.

Z 23-12, Manhard Consulting (District 5)

Consider an ordinance amending the Garland Development Code of the City of Garland, Texas, by approving 1) a Change in Zoning from Multi-Family-1 (MF-1) District and Community Retail (CR) District to a Planned Development (PD) District for Multi-Family-2 (MF-2) uses and 2) a Detail Plan for Multi-Family development on a 2.2875-acre area of land located at 1214 & 1302 West Miller 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; providing a Savings Clause and a Severability Clause; and providing an effective date.

Z 23-18, Petit-ECD (District 5)

Consider an ordinance amending the Garland Development Code of the City of Garland, Texas, by approving 1) an amendment to Planned Development (PD) District 03-54 and 2) a Detail Plan for an Automobile Repair, Minor use on a 9.488-acre tract of land located at 11511 & 11611 LBJ Freeway; 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; providing a Savings Clause and a Severability Clause; and providing an effective date.

Consider a resolution for the Project Specific Agreement with Dallas County for Duck Creek South Extension Trail

Consider and take appropriate action to authorize the City Manager to execute the PSA with Dallas County for the Duck Creek South Extension Trail project.

Bond Refunding - Electric Utility System Commercial Paper Notes

Consider and take appropriate action to authorize the refunding of Electric Utility System Commercial Paper Notes, Series 2021.

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 public hearings on:

Consider a Specific Use Provision request by Val Gutierrez for a truck repair facility. The site is located at 4003 Miller Park Drive in District 6.

Consideration of the application of Val Gutierrez, requesting approval of a Specific Use Provision for a Truck/Bus Repair Use on a property zoned Industrial (IN) District. This property is located at 4003 Miller Park Drive. (File Z 22-72, District 6)

Consider a Plan request by Val Gutierrez for a truck repair facility. The site is located at 4003 Miller Park Drive in District 6.

Consideration of the application of Val Gutierrez, requesting approval of a Plan for a Truck/Bus Repair Use. This property is located at 4003 Miller Park Drive. (File Z 22-72, District 6)

Consider a Specific Use Provision request by Will Bohls for a building materials (cabinetry materials) storage business in an existing building. The site is located at 543 North Fifth Street in District 8.

Consideration of the application of William Bohls, requesting approval of a Specific Use Provision for a Building/Garden Materials Sales & Storage (Wholesale) Use on a property zoned Downtown (DT) District, Uptown sub-district. This property is located at 543 North Fifth Street. (File Z 23-21, District 8)

Consider a Plan request by Will Bohls for a building materials (cabinetry materials) storage business in an existing building. The site is located at 543 North Fifth Street in District 8.

Consideration of the application of Will Bohls, requesting approval of a Plan for a Building/Garden Materials Sales & Storage (Wholesale) Use. This property is located at 543 North Fifth Street. (File Z 23-21, District 8)

Items for Individual Consideration:

Request for Enterprise Zone Nomination of Zobele USA

Consider an ordinance and take appropriate action in regard to the City's participation in the Texas Enterprise Zone Program and nominating Zobele USA as an Enterprise Project.

Resolution Authorizing Use of Eminent Domain - GP&L Transmission

Consider and take appropriate action to approve a resolution authorizing the acquisition of the property rights described in the proposed resolution to reconstruct a portion of the Garland Power & Light College Avenue to Brand Road 138kV transmission line located in the City of Garland.

Lease of Property located at 625 W. State Street

Consider and take appropriate action approving a 15-year lease agreement for the property located at 625 W. State Street in Downtown.

Submission of Appraisal Roll and Rates for FY 2023-2024

Council is requested to consider and provide a proposed tax rate and hearing dates in accordance with State Law, taking into account the attached tax rates, notice, and appraisal certifications, which are also required by law and which have been provided to Council.

Presentation of the 2023-24 Proposed Budget

In accordance with the City Charter and State Law, the City Manager shall submit to the City Council a Proposed Budget for the coming fiscal year. The City Manager will formally present his Proposed Budget for FY 2023-24. Following the presentation to Council, copies of the Proposed Budget will be placed in each City Library, in the Office of the City Secretary, and on the City's website for public review and inspection.

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.

Deputy Mayor Pro Tem Ed Moore

Adam Greenup - Library Board

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.

10.

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
CITY COUNCIL ITEM SUMMARY SHEET

City Council Regular Session Agenda

Agenda Item 1.

Meeting Date:

08/01/2023

Item Title:

Consider approval of the minutes of the July 18, 2023, Regular Meeting.

Submitted By:

Rene Dowl, City Secretary

Summary of Request/Problem

Consider approval of the minutes of the July 18, 2023 Regular Meeting.

Recommendation/Action Requested and Justification

Attachments

Minutes July 18

GARLAND
PURCHASING REPORT

City Council Regular Session Agenda

Agenda Item 2.a.

Meeting Date:

08/01/2023

Item Title:

Polydyne, Inc.

Submitted By:

Michael Brinkmann, Managing Director

Bid Number:

1261-21

Purchase Justification:

Evaluation:

Polydyne, Inc. was awarded the original Blanket Purchase Order with four (4) optional renewals for $636,000 at the September 14, 2021, City Council Meeting. A Bid Recap is omitted as competitive bids were not received for the change order.

Award Recommendation:

Vendor

Item

Amount

Polydyne, Inc.

All

$159,000.00

TOTAL:

---------------------------
$159,000.00

Basis for Award:

Change Order

Purchase Requisition #:

49583

Fiscal Impact

Total Project/Account:

N/A

Expended/Encumbered to Date:

N/A

Balance:

N/A

This Item:

$159,000

Proposed Balance:

N/A

Account #:

451-6999

Fund/Dept/Project – Description and Comments:

Term Agreement sets price but does not commit funds. Expenses will be charged to the appropriate Rowlett Creek Wastewater Treatment operating account(s) as incurred.

Fiscal Reference:

Budget Type:

Operating Budget

Fiscal Year:

Document Location:

Page 257

Budget Director Approval:

Allyson Bell Steadman

Approval Date:

07/24/2023

Purchasing Director Approval:

Gary L. Holcomb

Approval Date:

07/21/2023

GARLAND
PURCHASING REPORT

City Council Regular Session Agenda

Agenda Item 2.b.

Meeting Date:

08/01/2023

Item Title:

GP&L Underground Duct Bank Extension

Submitted By:

Jonas Whitehead, GP&L Distribution Director

Bid Number:

0865-23

Purchase Justification:

Evaluation:

A request for bids was issued in accordance with Purchasing procedures. Two (2) bids were received and evaluated based on the published criteria. The Fishel Company received the highest evaluated score, offering the Best Value for the City.

Award Recommendation:

Vendor

Item

Amount

The Fishel Company

All

$498,810.03

TOTAL:

---------------------------
$498,810.03

Basis for Award:

Best Value

Purchase Requisition #:

49379

Fiscal Impact

Total Project/Account:

$5,344,438

Expended/Encumbered to Date:

$2,422,114

Balance:

$2,922,324

This Item:

$498,810

Proposed Balance:

$2,423,514

Account #:

210-3299-3162401-7111

Fund/Dept/Project – Description and Comments:

Electric CIP / Distribution Lines - Underground Program

Attachments

Bid Recap

Fiscal Reference:

Budget Type:

CIP

Fiscal Year:

2023

Document Location:

Page 275

Budget Director Approval:

Allyson Bell Steadman

Approval Date:

07/18/2023

Purchasing Director Approval:

Gary L. Holcomb

Approval Date:

07/17/2023

GARLAND
CITY COUNCIL ITEM SUMMARY SHEET

City Council Regular Session Agenda

Agenda Item 3.a.

Meeting Date:

08/01/2023

Item Title:

Z 21-07 DDC, Inc. (District 1)

Submitted By:

Will Guerin, Planning Director

Summary of Request/Problem

Zoning Ordinance Z 21-07 DDC, Inc.

Recommendation/Action Requested and Justification

Consider adoption of the attached ordinance.

Attachments

Z 21-07 Ordinance

Z 21-07 Exhibit A

Z 21-07 Exhibit B

Z 21-07 Exhibits C & D

GARLAND
CITY COUNCIL ITEM SUMMARY SHEET

City Council Regular Session Agenda

Agenda Item 3.b.

Meeting Date:

08/01/2023

Item Title:

Z 21-41 Homeyer Engineering (District 3)

Submitted By:

Will Guerin, Planning Director

Summary of Request/Problem

Zoning Ordinance Z 21-41 Homeyer Engineering

Recommendation/Action Requested and Justification

Consider adoption of the attached ordinance.

Attachments

Z 21-41 Ordinance

Z 21-41 Exhibit A

Z 21-41 Exhibit B

Z 21-41 Exhibits C-E

GARLAND
CITY COUNCIL ITEM SUMMARY SHEET

City Council Regular Session Agenda

Agenda Item 3.c.

Meeting Date:

08/01/2023

Item Title:

Z 23-12 Manhard Consulting (District 5)

Submitted By:

Will Guerin, Planning Director

Summary of Request/Problem

Zoning Ordinance Z 23-12 Manhard Consulting

Recommendation/Action Requested and Justification

Consider adoption of the attached ordinance.

Attachments

Z 23-12 Ordinance

Z 23-12 Exhibit A

Z 23-12 Exhibit B

Z 23-12 Exhibits C-E

GARLAND
CITY COUNCIL ITEM SUMMARY SHEET

City Council Regular Session Agenda

Agenda Item 3.d.

Meeting Date:

08/01/2023

Item Title:

Z 23-18 Petit-ECD (District 5)

Submitted By:

Will Guerin, Planning Director

Summary of Request/Problem

Zoning Ordinance Z 23-18 Petit-ECD

Recommendation/Action Requested and Justification

Consider adoption of the attached ordinance.

Attachments

Z 23-18 Ordinance

Z 23-18 Exhibit A

Z 23-18 Exhibit B

Z 23-18 Exhibits C-E

GARLAND
CITY COUNCIL ITEM SUMMARY SHEET

City Council Regular Session Agenda

Agenda Item 4.

Meeting Date:

08/01/2023

Item Title:

Project Specific Agreement with Dallas County for Duck Creek South Extension Trail

Submitted By:

Andy Hesser, Managing Director

Summary of Request/Problem

In 2021 the City executed a Master Agreement with Dallas County providing 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.

The Duck Creek South Extension trail is approximately 7,600 linear feet of 12-foot wide concrete trail that will be constructed within electric transmission corridors south of IH-30 and will extend from the existing Mesquite Heritage Trail at the city limits of Mesquite towards Ablon Park to the east. The trail will align under the northern abutment of Beltline Rd., through Garland Power and Light and Oncor Electric transmission easements, then continue along Guthrie Rd. until Rosehill Rd. Bicyclists will then transition to the existing shared-use lane on Guthrie Rd. where they may enter Ablon Trail from an improved access ramp from the roadway. The trail will include a steel truss bridge, approximately 100 feet long, to cross Duck Creek. In addition, culvert crossings and modifications to existing storm water infrastructure in Garland will be required to accommodate the proposed alignment.

The PSA establishes a total cost of the project to be $2,680,000.00 at the following cost share amounts:
Dallas County - $1,250,000.00
City of Garland - $1,430,000.00

The City's funding for this project is included in the 2023 CIP. Council considered this item at the May 1, 2023, Work Session.

Recommendation/Action Requested and Justification

Approve a resolution authorizing the City Manager to execute the PSA with Dallas County for the Duck Creek South Extension Trail project.

Attachments

Resolution

MCIP 12023 PSA Garland and Dallas County

Context Map

GARLAND
CITY COUNCIL ITEM SUMMARY SHEET

City Council Regular Session Agenda

Agenda Item 5.

Meeting Date:

08/01/2023

Item Title:

Bond Refunding - Electric Utility System Commercial Paper Notes

Submitted By:

Matt Watson, Finance Director

Summary of Request/Problem

At the July 17, 2023 Work Session, the City Council considered authorizing the refunding of Electric Utility System Commercial Paper Notes, Series 2021. Due to additional capital project closings, the estimated refunding has increased from $65 million to $75 million.The purpose of this transaction is to refund a portion of variable rate commercial paper notes with fixed rate long-term debt.

Recommendation/Action Requested and Justification

Approve the sale of Electric Utility System Revenue Refunding Bonds, Series 2023.

Attachments

Draft Ordinance

GARLAND
PLANNING REPORT

City Council Regular Session Agenda

Agenda Item 6.a.

Meeting Date:

08/01/2023

Item Title:

Z 22-72 Val Gutierrez - Specific Use Provision (District 6)

Submitted By:

Matthew Wolverton, Development Planner

REQUEST

Approval of a Specific Use Provision for a Truck/Bus Repair Use on a property zoned Industrial (IN) District.

Approval of a Plan for a Truck/Bus Repair Use.

LOCATION
4003 Miller Park Drive

OWNER

Princeton Interest Group, LP

PLAN COMMISSION RECOMMENDATION

On July 10, 2023 the Plan Commission, by a vote of seven (7) to zero (0), recommended approval of a Specific Use Provision for a Truck/Bus Repair Use on a property zoned Industrial (IN) District.

The Plan Commission, by a vote of seven (7) to zero (0), also recommended approval of a Plan for a Truck/Bus Repair Use.

STAFF RECOMMENDATION

Approval of a Specific Use Provision for a Truck/Bus Repair Use on a property zoned Industrial (IN) District

Approval of a Plan for a Truck/Bus Repair Use.

BACKGROUND

The subject site is currently vacant and undeveloped. The applicant proposes the construction of a truck repair facility.

SITE DATA

The overall site consists of approximately 0.93 acres with approximately 249 lineal feet of frontage along Miller Park Drive. The site plan (Exhibit C) shows two (2) access points from Miller Park Drive, with the North access point not allowing entrance.

USE OF PROPERTY UNDER CURRENT ZONING

The site is zoned Industrial (IN) District and is currently vacant as it has not been developed.

CONSIDERATIONS

Specific Use Provision:

Development and Site Plan

The applicant proposes to construct a 6,210 square-foot truck service building. The truck repair building will contain five (5) service bays.

The GDC defines a Truck/Bus Repair Use as "a facility for the automated, self-serve or full-service washing and detailing of heavy load vehicles for a fee. The term is limited to uses where the overnight storage of vehicles or trailers are limited to those vehicles or trailers that are being cleaned and no longer than two nights at any given visit."

Parking

The proposed parking layout complies with the standards per the GDC (Exhibit E).

Landscaping

The proposed landscaping complies with the standards per the GDC (Exhibit D).

Building Design

The building elevations meet the building design standards per the GDC (Exhibit E), with the exception of one deviation request noted below related to the service bay doors.

Time Period

The applicant is requesting a twenty-five (25) year Specific Use Provision, which aligns with the SUP Time Period Guide.

Summary of Deviation

Development Standards

Required

Proposed

Analysis

Automotive Service Bay Doors

No service bay doors may face a public street.

5 truck service bay doors facing Miller Park Drive.

The current site is in an industrial area of the city and faces a street that is not considered a major thoroughfare [Miller Park Driveway is class G roadway].
The new building will be constructed to best fit within the quarter-circle shaped site, as well as the existing 18-foot building line.

COMPREHENSIVE PLAN

The Envision Garland Plan designates the subject property as Industry Centers.

Industry centers provide a cluster of trade and industry that cumulatively employ large numbers of people. Operations within this development type may require substantial infrastructure and may result in more significant negative impacts (sound, air, traffic, outdoor lighting, storage, etc.). 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 are generally located along major arterial streets, and highways and at significant transit areas (bus/ rail). Site design addresses function and visual aesthetics that provide appropriate buffering at gateway corridors, between adjacent developments, and for residential neighborhoods. The proposed use in the Industrial area provides a supportive business to service trucks in the area.

COMPATIBILITY OF REQUEST WITH SURROUNDING ZONING AND LAND USES

The properties to the North, East, and South are zoned Industrial (IN) District and contain warehousing, light industrial, manufacturing, and other such allowed uses. The property to the North contains an SUP (18-15) for a food processing and storage use. Finally, the property to the West is in the City of Dallas and is also in an industrial area.

Attachments

Z 22-72 Location Map

Z 22-72 SUP Conditions

Z 22-72 R&M SUP

Z 22-72 Responses

Z 22-72 Staff Presentation

GARLAND
PLANNING REPORT

City Council Regular Session Agenda

Agenda Item 6.b.

Meeting Date:

08/01/2023

Item Title:

Z 22-72 Val Gutierrez - Plan (District 6)

Submitted By:

Matthew Wolverton, Development Planner

REQUEST

Approval of a Specific Use Provision for a Truck/Bus Repair Use on a property zoned Industrial (IN) District.

Approval of a Plan for a Truck/Bus Repair Use.

LOCATION
4003 Miller Park Drive

OWNER

Princeton Interest Group, LP

PLAN COMMISSION RECOMMENDATION

STAFF RECOMMENDATION

Approval of a Specific Use Provision for a Truck/Bus Repair Use on a property zoned Industrial (IN) District

Approval of a Plan for a Truck/Bus Repair Use.

BACKGROUND

The subject site is currently vacant and undeveloped. The applicant proposes the construction of a truck repair facility.

SITE DATA

USE OF PROPERTY UNDER CURRENT ZONING

The site is zoned Industrial (IN) District and is currently vacant as it has not been developed.

CONSIDERATIONS

Specific Use Provision:

Development and Site Plan

The applicant proposes to construct a 6,210 square-foot truck service building. The truck repair building will contain five (5) service bays.

Parking

The proposed parking layout complies with the standards per the GDC (Exhibit E).

Landscaping

The proposed landscaping complies with the standards per the GDC (Exhibit D).

Building Design

The building elevations meet the building design standards per the GDC (Exhibit E), with the exception of one deviation request noted below related to the service bay doors.

Time Period

The applicant is requesting a twenty-five (25) year Specific Use Provision, which aligns with the SUP Time Period Guide.

Summary of Deviation

Development Standards

Required

Proposed

Analysis

Automotive Service Bay Doors

No service bay doors may face a public street.

5 truck service bay doors facing Miller Park Drive.

COMPREHENSIVE PLAN

COMPATIBILITY OF REQUEST WITH SURROUNDING ZONING AND LAND USES

Attachments

Z 22-72 Location Map

Z 22-72 Exhibits

Z 22-72 R&M Plan

Z 22-72 Responses

Z 22-72 Staff Presentation

GARLAND
PLANNING REPORT

City Council Regular Session Agenda

Agenda Item 6.c.

Meeting Date:

08/01/2023

Item Title:

Z 23-21 Will Bohls - Specific Use Provision (District 8)

Submitted By:

Matthew Wolverton, Development Planner

REQUEST

Approval of a Specific Use Provision for a Building/Garden Materials Sales & Storage (Wholesale) Use on a property zoned Downtown (DT) District.

Approval of a Plan for a Building/Garden Materials Sales & Storage (Wholesale) Use.

LOCATION
543 North Fifth Street

OWNER

543-5 Ghost, LLC

PLAN COMMISSION RECOMMENDATION

On July 10, 2023 the Plan Commission, by a vote of seven (7) to zero (0), recommended approval of a Specific Use Provision for a Building/Garden Materials Sales & Storage (Wholesale) Use on a property zoned Downtown (DT) District.

The Plan Commission, by a vote of seven (7) to zero (0), also recommended approval of a Plan for a Building/Garden Materials Sales & Storage (Wholesale) Use.

In addition, the Plan Commission recommended an SUP time period of twenty (20) years.

STAFF RECOMMENDATION

Approval of a Specific Use Provision for a Building/Garden Materials Sales & Storage (Wholesale) Use on a property zoned Downtown (DT) District in the Uptown sub-district.

Approval of a Plan for a Building/Garden Materials Sales & Storage (Wholesale) Use.

In addition, while the use aligns with the current built environment along this portion of North Fifth Street, staff recommends a shorter SUP time period such as five (5) or ten (10) years to allow for possible future redevelopment opportunities, including transit-oriented development, that better aligns with the Downtown—Uptown sub-district.

BACKGROUND

The subject property is an existing building that contains available space for one tenant. The building will remain the same square footage and only the interior will be updated. The applicant plans to use the building to store and sell cabinetry materials.

SITE DATA

The 0.99-acre site is accessed from North Fifth Street.

USE OF PROPERTY UNDER CURRENT ZONING

The property is zoned within the Uptown (U) Sub-district of the overall Downtown (DT) District. The Uptown sub-district consists of mixed-use office, retail and urban lifestyle housing. It may have a wide range of residential building types: townhouses, live/work, apartments, condominiums and lofts. Setbacks and landscaping are variable. Streets with dense street tree coverage and sidewalks define medium-sized blocks.

CONSIDERATIONS

Specific Use Provision:

The applicant proposes to use an existing 18,000 square-foot building for a Building/Garden Sales & Storage (Wholesale) Use for cabinetry materials. The storage of cabinetry materials will be indoors only.

There will be no manufacturing on site. Building materials are brought in and kept on site, then delivered to construction/installation sites.

The Building/Garden Sales & Storage (Wholesale) Use requires a Specific Use Provision in the Uptown Sub-District of the Downtown District.

The purpose of the Downtown (DT) district is to establish a pedestrian-oriented district with an infrastructure of streets and buildings that are flexible in terms of use, and that will attract ongoing reinvestment.

The goals of this district per the Garland Development Code are:

To make Downtown viable through:
1. Providing for integrated mixed-use;
2. Embodying LEED-ND (Leadership in Energy and Environmental Design - Neighborhood Development) and LEED building principles;
3. Providing focal open space amenities;
4. Assuring pedestrian and bicycle friendliness; and
5. Minimizing the "heat island" effect of large expanses of paving.
To provide a mixture of residential, retail, entertainment, office and government uses.
To encourage high-quality development by providing a balance of development standards and expedited administrative approvals for projects which meet the intent of this district.
To create standards that ensure an appropriate transition between existing neighborhoods and new development.

The applicant proposes the SUP time period of twenty (20) years. The applicant originally requested thirty (30) years; however, the applicant concurs with the Plan Commission's recommendation. The SUP time period guide does not have a recommended time period for Building/Garden Materials Sales & Storage (Wholesale) Use.

COMPREHENSIVE PLAN

Transit-oriented centers are areas of concentrated activity and increased density with maximum access to public transportation options. This type of center should be developed as mixed-use with live/work/play/shop opportunities. Transit-oriented development should be within ¼ to ½ mile of transit centers and/or rail stations and provide pedestrian and bicycle friendly access.

Transit-oriented development is characterized by moderate to high density residential greater than twelve dwelling units per acre. Land use opportunities for four identified transit-oriented development areas should be unique to the needs and character of the larger area.

COMPATIBILITY OF REQUEST WITH SURROUNDING ZONING AND LAND USES

The properties surrounding the site are all zoned Downtown (DT) District and Uptown sub-district as well. These properties include various commercial and industrial uses such as storage, auto repair, and contractor warehouses and a church.

The proposed use is generally compatible with the existing and immediate surrounding area.

Attachments

Z 23-21 Location Map

Z 23-21 Exhibit B

Z 23-21 R&M SUP

Z 23-21 Responses

Z 23-21 Staff Presentation

GARLAND
PLANNING REPORT

City Council Regular Session Agenda

Agenda Item 6.d.

Meeting Date:

08/01/2023

Item Title:

Z 23-21 Will Bohls - Plan (District 8)

Submitted By:

Matthew Wolverton, Development Planner

REQUEST

OWNER

543-5 Ghost, LLC

PLAN COMMISSION RECOMMENDATION

STAFF RECOMMENDATION

BACKGROUND

SITE DATA

The 0.99-acre site is accessed from North Fifth Street.

USE OF PROPERTY UNDER CURRENT ZONING

CONSIDERATIONS

Specific Use Provision:

The applicant proposes to use an existing 18,000 square-foot building for a Building/Garden Sales & Storage (Wholesale) Use for cabinetry materials. The storage of cabinetry materials will be indoors only.

There will be no manufacturing on site. Building materials are brought in and kept on site, then delivered to construction/installation sites.

The Building/Garden Sale & Storage (Wholesale) Use requires a Specific Use Provision in the Uptown Sub-District of the Downtown District.

The goals of this district per the Garland Development Code are:

To make Downtown viable through:
1. Providing for integrated mixed-use;
2. Embodying LEED-ND (Leadership in Energy and Environmental Design - Neighborhood Development) and LEED building principles;
3. Providing focal open space amenities;
4. Assuring pedestrian and bicycle friendliness; and
5. Minimizing the "heat island" effect of large expanses of paving.
To provide a mixture of residential, retail, entertainment, office and government uses.
To encourage high-quality development by providing a balance of development standards and expedited administrative approvals for projects which meet the intent of this district.
To create standards that ensure an appropriate transition between existing neighborhoods and new development.

The applicant proposes the SUP time period of twenty (20) years. The applicant originally requested thirty (30) years; however, the applicant concurs with the Plan Commission's recommendation. The SUP time period guide does not have a recommended time period for Building/Garden Materials Sales & Storage (Wholesale) Use.

COMPREHENSIVE PLAN

COMPATIBILITY OF REQUEST WITH SURROUNDING ZONING AND LAND USES

Attachments

Z 23-21 Location Map

Z 23-21 Exhibits

Z 23-21 R&M Plan

Z 23-21 Responses

Z 23-21 Staff Presentation

GARLAND
POLICY REPORT

City Council Regular Session Agenda

Agenda Item 7.a.

Meeting Date:

08/01/2023

Item Title:

Request for Enterprise Zone Nomination of Zobele USA

Submitted By:

Ayako Schuster, Economic Development Director

Strategic Focus Areas:

Growing Economic Base

ISSUE

Consider an ordinance of the City Council of the City of Garland, Texas, ordaining the City's participation in the Texas Enterprise Zone Program pursuant to the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code (Act), providing tax incentives, designating a liaison for communication with interested parties, and nominating Zobele USA to the Office of the Governor Economic Development & Tourism (EDT) through the Economic Development Bank as an Enterprise Project.

OPTIONS

1. Approve the staff recommendation for nominating Zobele USA as a Texas Enterprise Zone Project and approve the ordinance.
2. Not approve for the nomination

RECOMMENDATION

Staff recommends nominating Zobele USA for the Texas Enterprise Zone Program and approve the ordinance.

BACKGROUND

The Zobele USA, located at 3502 Regency Crest Drive has been in Garland since 2018 and invested over $30 million in 2021 for its expansion. The expansion project includes three new product lines, one new packaging line, additional real estate space, and interior renovations. The Economic Development Agreement executed in 2021 between the City and Zobele includes this nomination. Nomination will allow for the company to apply to the state program, with no financial contribution needed from the City.

CONSIDERATION

Council is requested to approve the request as proposed.

Attachments

Zobele Garland TX EZ Ordinance

GARLAND
CITY COUNCIL ITEM SUMMARY SHEET

City Council Regular Session Agenda

Agenda Item 7.b.

Meeting Date:

08/01/2023

Item Title:

Resolution Authorizing Use of Eminent Domain - GP&L Transmission

Submitted By:

Brian England, City Attorney

Summary of Request/Problem

Staff presented this request as a written briefing at the August 1, 2023 Work Session. GP&L, as part of its ongoing operation of an electrical utility in the State of Texas, is seeking to reconstruct a portion of the Garland Power & Light College Avenue to Brand Road 138kV transmission line located in the City of Garland.

The City already owns property where the existing transmission line is located. However, as a result of the rebuild, GP&L requires the acquisition of additional property rights, as the new line has a slightly different footprint and, in some places, has a slightly different path. The City has not successfully negotiated a final purchase price with some of the property owners and is seeking authorization to initiate condemnation.

The resolution currently being considered is related solely to the reconstruction of the GP&L College Avenue to Brand Road 138kV transmission line project.

Recommendation/Action Requested and Justification

Approve a resolution authorizing the acquisition of the property rights described in the proposed resolution. The City has been able to negotiate with some of the property owners in the program/project area to acquire the necessary property interests.

However, the City has not been able to successfully negotiate a final purchase price with all of the property owners. The owners with whom agreement could not be reached are named in the proposed resolution. State law requires particular wording to be used in a motion to adopt a resolution authorizing the initiation of condemnation proceedings. The City Attorney will provide in written form the appropriate wording of the motion.

Attachments

Resolution Authorizing Eminent Domain

GARLAND
CITY COUNCIL ITEM SUMMARY SHEET

City Council Regular Session Agenda

Agenda Item 7.c.

Meeting Date:

08/01/2023

Item Title:

Lease of Property located at 625 W. State Street to add additional surface-lot parking to the Downtown district.

Submitted By:

Letecia McNatt, Downtown Development Manager

Summary of Request/Problem

Staff drafted a 15-year lease agreement for the property located at 625 W. State Street in Downtown. Improving this property will create additional surface-lot parking in the west end of the downtown historic sub-district, and allow surrounding business owners to park vehicles in the lot as to preserve on-street parking for patrons and visitors of the district. As Lessee, in addition to rent, the City would be responsible for property improvements including appropriate paving, striping, lighting, signage, and maintenance. The property owner, Visual Aid Volunteers Inc. (VAV), began operation in 1960 with a pilot program providing all braille materials needed by visually impaired children of Garland to succeed in the conventional classroom. As a result of this initiative, the Garland Independent School District became the first school district in Texas to have blind and low-vision students attending public school in regular classrooms with sighted peers rather than the state school in Austin.

PROJECT SUMMARY

Property Improvements

$ 125,000

Rent Over 15 Years

$ 93,000

Project Total

$ 218,000

Property improvements are budgeted in Facilities Parking Lot Upgrades in the CIP Program.
Rent over 15 years would be funded by TIF 1.

This partnership will increase the inventory of extended-hour parking in the district and preserve on-street parking for shorter-range use. Additionally, VAV, will grant the City a License Agreement to install a public mural on the west facade of their building which borders the east side of the proposed lot. This public art installation will support initiatives of the Cultural Arts Master Plan, Texas Downtown Association Assessment, and the TIF 1 Project and Financing Plan.

Recommendation/Action Requested and Justification

Staff recommends approval of the proposed lease agreement to lease the property located at 625 W. State Street from Visual Aid Volunteers, Inc.

Attachments

Property map

GARLAND
CITY COUNCIL ITEM SUMMARY SHEET

City Council Regular Session Agenda

Agenda Item 7.d.

Meeting Date:

08/01/2023

Item Title:

Submission of Appraisal Roll and Rates for FY 2023-2024

Submitted By:

Corey Worsham, Tax Administrator

Summary of Request/Problem

State law mandates an explicit, detailed and complex process for the adoption of municipal budgets and the setting of the tax rates by local governments. Those laws (as well as the City Charter) require a series of notices to the public and at least one public hearing for the adoption of the budget and tax rate. The tax rate setting and budget approval processes (the two being both legally and practically intertwined) are triggered by the receipt of appraisal rolls from County Central Appraisal Districts.

There are two key deadlines involved in the tax rate process: August 1 for the submission of the appraisal roll and August 7 for the submission of the rates. The appraisal rolls, together with a certification of a collection rate and a calculation of the "no new tax rate" and "voter approval rate" are being submitted to the City Council (notice of tax rates attached). The City Council must now establish dates for public hearings. Notices of the public hearing must be published and posted in the manner and form required by law and within certain windows of time. It is critical that the dates of the events match the timeframes provided by law and are properly noticed (including publication).

Recommendation/Action Requested and Justification

The City Council is being provided the attached tax rates, notice and appraisal certifications as required by law. Council is requested to provide a proposed tax rate and hearing dates in accordance with state law. Motions containing the public hearing dates and tax rates are attached.

Attachments

2023 Tax Notice

2023 Worksheet

2023 Proposed Tax Rate

GARLAND
CITY COUNCIL ITEM SUMMARY SHEET

City Council Regular Session Agenda

Agenda Item 7.e.

Meeting Date:

08/01/2023

Item Title:

Presentation of the 2023-24 Proposed Budget

Submitted By:

Allyson Bell Steadman, Budget Director

Summary of Request/Problem

In accordance with the City Charter and state law, the City Manager shall submit to the City Council a Proposed Budget for the coming fiscal year. The City Manager will formally present his Proposed Budget for FY 2023-24. Following the presentation to Council, copies of the Proposed Budget will be placed in each City Library, in the Office of the City Secretary, and on the City's website for public review and inspection.

Recommendation/Action Requested and Justification

City Manager's presentation of the FY 2023-24 Proposed Budget.
Mayor reads the following dates for upcoming discussions and public hearings on the
FY 2023-24 Proposed Budget and Tax Rate:
- A Special Budget Work Session is scheduled for Saturday, August 12, 2023, beginning at 8:30 A.M. to discuss the FY 2023-24 Proposed Operating Budget.
- The first Public Hearing on the Proposed Budget and Tax Rate will be held Tuesday, August 15, 2023, at 7:00 P.M.
- The second Public Hearing on the Proposed Budget and Tax Rate will be held Tuesday, August 22, 2023, at 7:00 P.M.
- The third Public Hearing on the Proposed Budget and Tax Rate will be held Tuesday, September 5, 2023, at 7:00 P.M.
- The City Council is scheduled to adopt the FY 2023-24 Proposed Budget on September 5, 2023.

GARLAND

City Council Regular Session Agenda

Agenda Item 8.a.

Meeting Date:

08/01/2023

Item Title:

Board and Commission Appointment

Submitted For:

Tracy Allmendinger, Deputy City Secretary, City Secretary

Summary:

Deputy Mayor Pro Tem Ed Moore

Adam Greenup - Library Board