Work Session Notes - December 4, 2023
Guaranteed to satisfy.
As always, for my notes, I’ll make my comments in bold italics for each of the items. Please email council7@garlandtx.gov with your input.
1. Public Comments on Work Session Items
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:
Council may ask for discussion, further information, or give direction to staff on an item posted as a Written Briefing.
a. 2023 Edward Byrne Memorial Justice Assistance Grant (JAG) Written staff presentation regarding the Bureau of Justice Assistance (BJA) Grant.
We always look for grant funding opportunities to supplement our budget. This item is for a grant of $56,868.00 from the Edward Byrne Memorial Justice Assistance Grant (JAG) program.
Edward Byrne was an NYPD officer who was murdered while on duty in 1988. He was only 22-years old when he was shot in the head five times during a stakeout protecting immigrants who agreed to testify against drug dealers. Subsequently the Department of Justice established the program in 2005 with the primary goal of enhancing officer safety via equipment, technology, and training. You can read more about Officer Byrne here: https://www.odmp.org/officer/2640-police-officer-edward-r-byrne
Garland is required to share 30% of the awarded amount to Dallas County and 7% as an administrative fee. The City of Garland’s net award is $37,021.07.
b. Garland Chamber Economic Development Services Agreement Renewal Council will consider renewing the Economic Development Service Agreement with Garland Chamber of Commerce.
The City of Garland provides funding for the Chamber of Commerce through a development agreement. However, the lines of responsibility are becoming more blurred as the City has taken over some of the roles traditionally done by the Chamber.
For instance, the TIF Board #1 has proposed funding small business support initiatives for the Downtown area. Assisting small businesses has traditionally been a Chamber responsibility. I am curious to see if each of the organizations’ responsibilities are better defined during the hearing.
c. Ordinance Change Concerning Food Excellence Awards and the Waiving of Permit Fees
Written staff presentation regarding removal of Section 228.247 (c)(3) of the Garland City Ordinance, thus no longer waiving permit fees for establishments recognized in the Food Excellence Award Program.
Staff is requesting the Council to authorize the restart of collecting fees from establishments that were part of our Food Excellence Awards program. This program waived permit fees for those establishments which scored in the top 5% of health inspection scores city-wide. Those establishments were also recognized in an annual banquet and with certificates they could post in their restaurants and online.
However, the recognition banquet has not been held for 18 years, and with rising expenses due to additional state inspection regulations concerning the Texas Food Establishment Rules (TFER), staff is requesting that we begin collecting fees from the top 5% of scoring establishments once again.
The estimated revenue is to be collected from the fees is $25,950 annually.
d. Neighborhood Vitality Matching Grant Fall 2023 Applications
Written staff presentation with recommendations by the Community Services Committee for approval or denial of Neighborhood Vitality Matching Grant applications submitted during the Fall 2023 cycle. Approved applications will be placed on the Consent Agenda for the December 12, 2023, City Council Regular Meeting.
Two grants for Neighborhood Vitality Matching Grand funding are to be considered at this meeting. The first is from the Pecan Grove Neighborhood Association for $9,350 for murals on the storage and restroom building at Lon Wynne Park. The mural is proposed to be painted by local artist Cullin Lassiter and the renderings look fantastic.
The second request is by the Rainbow Neighborhood Association for $10,000 to “remove trees along State Hwy 66 in the creek area adjacent to the neighborhood.” The goal is to “cut down trees so that the neighborhood will be made more visual to the community and for safety reasons.”
I disagree with the need to cut down trees to increase security. Also cutting down trees will make the creek more susceptible to erosion and may create additional unforeseen problems.
4. Verbal Briefings:
Council may ask for discussion, further information, or give direction to staff on an item posted as a Verbal Briefing.
a. Discuss and consider expanding the boundaries of the Downtown | Forest Jupiter TIF (TIF#1) and extending Staff will present to Council an updated recommendation from the TIF #1 board to revise the TIF#1 Project and Finance Plan to include updated revenue projections, project expenditures, expansion of the geographic boundaries, and extension of the termination date.
This is a continuation of the discussion from the previous work session. I have not seen the updated revenue projections or project expenditures, but I certainly hope it includes significant funding for the Jupiter-Forest end of the TIF #1.
I hope you got a chance to read my thoughts on the TIF #1 in previous posts here and here.
b. Dallas County Deflection Center Information
Staff will give an update on the Dallas County Deflection Center.
The Dallas County Deflection Center, which opened in 2022 and is located at 5300 University Hills Blvd. in Dallas, is intended to “provide an alternative to arrest and incarceration for mentally ill individuals accused of certain non-violent, low-level misdemeanors.” The center has 16 beds where low-level offenders are taken as an alternative to arrest and they are monitored for 24-48 hours.
During their stay, the individuals receive “peer support, integrated care and treatment, a discharge plan with case management, and handoff to care like detox, medical care, or transitional housing.”
I’m interested in hearing more about his program from our Police Chief who has direct experience with this program. You can read more about the program here and here.
c. Ordinance amendments regarding ice cream trucks
Staff will provide information on House Bill 2878, effective September 1, 2023, which delegates permitting authority for mobile food to Dallas County, but does not delegate zoning and noise regulation. Therefore, the Garland City Ordinance must be amended to regulate the manner in which ice cream trucks and ice cream carts may operate.
What would summertime be without hearing the ice cream man coming your way with its tinny speakers blaring out its circus-like, siren scream? In June 2023, the Council passed an ordinance (the RJS rule) allowing ice cream trucks to operate in Garland for the first time since 2007.
However with the past legislative session in Austin, House Bill 2878 passed which prohibited municipalities for being to regulate the health aspects of mobile food vendors. This will update our ordinance to be in compliance with state law.
d. Discuss the Review and Adoption of Council Policies and Procedures for the 2024 Calendar Year
Brian England, City Attorney, will facilitate a discussion with the Council regarding the review and future adoption of the Council's policies for 2024.
Each year, the Council adopts a set of Council Policies that guide how it operates for the following year. The policy under went a substantial review in the Administrative Services Committee last year that I was happy to be a part of so I do not expect any major changes during this review. If you are looking for some good bedtime reading material, I encourage you to read our 65 page policy document.
e. GP&L Recovery Adjustment Factor
Staff will present to Council an update related to the increase of Garland Power & Light’s Recovery Adjustment Factor (RAF)
GP&L’s Managing Director has the prerogative to adjust the Recovery Adjustment Factor (RAF), which “provides for the recovery of GP&L’s revenue requirements not recovered by customer, demand, or energy charges” each month.
ERCOT has implemented changes due to 2021’s Winter Storm Uri and has increased costs of providing power and grid operations.
This adjustment will increase the RAF by 1.5 cents per kilowatt hour (kWh) that results in an average monthly electric bill increase by $18.00. However, GP&L still has some of the lowest rates in the Metroplex as evidenced by the following chart:
You can see the prior rates where GP&L is the least expensive rate by a full penny per kWh. Even with the increase, the GP&L standard rate is still one of the lowest.
f. Development Services Committee Report
Chairperson Hedrick of the Development Services Committee, with the assistance of staff, will present Council with a committee report and recommendations on items related thereto.
This is the item I’m most excited to discuss this week. Imagine you inherited a load of money and now wanted to become a real estate mogul buying into the next trendy fast-food franchise. You find the perfect location in Garland and take your idea to Garland’s Planning and Development Department to see the next steps required to open your business.
Unfortunately you find the development process to be onerous, lengthy and one that will cost you thousands of dollars in engineering and architectural fees before you are even assured you can build your restaurant on your “perfect location.”
That is what developers currently face when they bring their projects to Garland. Our Planned Development process requires the developer to spend five to six figures on engineering design, building elevations, landscape architecture and other requirements before they even know if they will have their zoning entitlements in place.
A Planned Development is a zoning tool where the developer gets to write their own zoning code with specific variations required to complete the project. The Planned Development is then approved or denied by the Plan Commission and City Council. Often a developer must have the zoning entitlement—meaning a change in zoning—in place before a bank will finance the project.
By shortening the timeline, lessening the expense, and becoming overall more friendly to developers, we will be able to bring more high quality developments to the city. Right now developers would rather go to surrounding cities than deal with our process.
Even if a development gets its entitlements and the project does not go through for any reason, the policy change would still be valuable because another developer could more easily come in and modify the entitlements to meet their needs. The turnover of properties need of redevelopment would be more frequent and undeveloped properties—often those with drainage, utility or grading issues because all the good sites have already been taken—would be easier to develop.
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. Adjourn
Any time I get a chance to play David Lee Roth, I’ll take it. This week enjoy Van Halen’s cover of “Ice Cream Man” originally written by John Brim.
I wish you luck on the development report. Garland could really use some new development without all the hurdles.