Video index

Call to Order

OPEN MICROPHONE

1. 23-80 Approval of Minutes of the January 11, 2023 City Council Meeting

CONSENT AGENDA

33. 23-111 Consideration of appointments to boards and commissions and the evaluation and duties of board and commission members (List of nominees is available in the City Secretary's Office)

34. 23-86 Authorize Supplemental Agreement No. 2 to the professional services contract with Fanning Harper Martinson Brandt & Kutchin, P.C. to provide additional legal counsel, advice and representation for former Dallas Building Official David Session, in connection with David Session v. Board of Adjustment for the City of Dallas, et al., now styled as Andres “Andrew” Espinoza, in his Official Capacity as the Building Official of the City of Dallas, Texas v. Board of Adjustment for the City of Dallas and TCHDallas2, LLC, Cause No. DC-22-03741, and for Andres "Andrew" Espinoza, in connection with Andres "Andrew" Espinoza, in his Official Capacity as Director and Chief Building Official of the City of Dallas, Texas v. Board of Adjustment for the City of Dallas and Shuffle 214, LLC, a Texas Limited Liability Company, Cause No. DC-22-05679 - Not to exceed $200,000.00, from $73,120.69 $100,000.00 to $273,120.69 $300,000.00 - Financing: Liability Reserve Fund (This item was deferred on December 14, 2022)

35. 23-87 Authorize Supplemental Agreement No. 2 to the professional services contract with Messer, Fort & McDonald, PLLC to provide additional legal services related to appeals and defense of the Board of Adjustment in connection with Cause No. DC-22-03741; David Session v. Board of Adjustment for the City of Dallas, et al., now styled as Andres “Andrew” Espinoza, in his Official Capacity as the Building Official of the City of Dallas, Texas v. Board of Adjustment for the City of Dallas and TCHDallas2, LLC, and Cause No. DC-22-05679; Andres "Andrew" Espinoza, in his Official Capacity as Director and Chief Building Official of the City of Dallas, Texas v. Board of Adjustment for the City of Dallas and Shuffle 214, LLC, a Texas Limited Liability Company - Not to exceed $200,000.00, from $100,000.00 to $300,000.00 - Financing: Liability Reserve Fund (This item was deferred on December 14, 2022)

36. 23-193 Authorize a three-year service contract, with one one-year renewal option, for parking meter and citation management for the Department of Transportation - SP Plus Corporation, most advantageous proposer of five - Not to exceed $9,659,302.50 - Financing: General Fund (subject to annual appropriations) (This item was deferred on June 22, 2022 and August 10, 2022)

37. 23-329 An ordinance authorizing the issuance and sale of City of Dallas, Texas Waterworks and Sewer System Revenue Refunding Bonds, Series 2023A in a principal amount not to exceed $200,000,000; establishing parameters regarding the sale of the bonds; approving the execution of agreements in connection with the sale of the bonds; and all other matters related thereto - Not to exceed $613,650.00 - Financing: Dallas Water Utilities Fund

38. 23-352 Authorize a construction services contract for the 2023 Annual Street Resurfacing Contract - Johnson Bros. Corporation, a Southland Company, lowest responsible bidder of two - Not to exceed $49,982,822.75 - Financing: 2023 Certificate of Obligation Bond Fund (subject to annual appropriations)

40. 23-310 Authorize a one-year cooperative purchasing agreement for Microsoft unified enterprise support services for the Department of Information and Technology Services with Microsoft Corporation through the Texas Department of Information Resources cooperative agreement - Not to exceed $546,714 - Financing: Data Services Fund

41. 23-396 Discuss, consider, and take all appropriate actions pursuant to the performance review and evaluation of City Attorney Chris Caso (This item was deferred on August 23, 2022 and January 11, 2023)

Z5. 23-180 A public hearing to receive comments regarding an application for and an ordinance granting an amendment to and a renewal of Specific Use Permit No. 2189 for a recycling buyback center on property zoned an IM Industrial Manufacturing District, on the northeast line of Barry Avenue, between Upshur Street and East Grand Avenue Recommendation of Staff: Approval for a two-year period, subject to conditions Recommendation of CPC: Approval for a two-year period, subject to conditions Z212-296(MP)

Z9. 23-236 A public hearing to receive comments regarding an application for and an ordinance granting a Specific Use Permit for a public school other than an open-enrollment charter school on property zoned an R-7.5(A) Single Family District bounded by Boaz Street, West Greenway Boulevard, Glenwick Lane, and Inwood Road Recommendation of Staff: Approval, subject to a site plan, a traffic management plan, and conditions Recommendation of CPC: Approval for a 12-year period, subject to a site plan, a traffic management plan with corrections, and conditions Z212-261(JA)

Z11. 23-185 A public hearing to receive comments regarding an application for and an ordinance granting a Specific Use Permit for a tower/antenna for cellular communication use on property zoned a CR Community Retail District, on the southeast corner of Walnut Hill Lane and Audelia Road Recommendation of Staff: Approval for a ten-year period with eligibility for automatic renewals for additional ten-year periods, subject to a site/elevation plan and conditions Recommendation of CPC: Approval for a ten-year period with eligibility for automatic renewals for additional ten-year periods, subject to a site/elevation plan and conditions Z212-295(JM) ( Part 1 of 2 )

Z12. 23-88 A public hearing to receive comments regarding an application for a new subdistrict within Planned Development District No. 714, the West Commerce Street/Fort Worth Avenue Special Purpose District, on the southeast corner of North Hampton Road and Remond Drive Recommendation of Staff: Approval, subject to a development plan and conditions Recommendation of CPC: Denial Z201-321(MP) Note: This item was deferred by the City Council before opening the public hearing on December 14, 2022, and is scheduled for consideration on January 25, 2023.

39. 23-398 A resolution appointing an Interim City Attorney for the City of Dallas, effective at the close of business on February 28, 2023, to serve until the City Council selects and appoints the City Attorney - Financing: No cost consideration to the City (see Fiscal Information)

PH2. 23-75 A public hearing to receive comments regarding adoption of the new Economic Development Incentive Policy for the period January 1, 2023, through December 31, 2024, and at the close of the public hearing, authorize the following: (1) adoption of the City of Dallas Economic Development Policy; (2) adoption of the Economic Development Incentive Policy (“Incentive Policy”) for the public purpose of promoting economic and community development and stimulating business and commercial activity in the City of Dallas (the “City”), effective from January 1, 2023 to December 31, 2024; (3) creation of Neighborhood Empowerment Zone No. 21 to align with the state-designated Enterprise Zones within the City of Dallas as indicated on Target Area map (Exhibit C); (4) transfer administration of Neighborhood Empowerment Zones Nos. 9 and 10 from the Office of Economic Development to the Small Business Center (“SBC”), including the programmatic elements and related funding, and authorizing the Director of the Small Business Center to take actions necessary to administer those programs effective January 1, 2023; (5) creation of the Infrastructure Investment Fund whereby the amount to be transferred from the General Fund to the Infrastructure Investment Fund over a period of ten years will be equal to the amount of increment contributed by the City in the last year of an expired Tax Increment Financing District (“TIF”) district, with an option to extend, by resolution upon recommendation by the OED Director, transfers for an additional five year period, subject to availability and appropriation of such funds from an expired TIF district; and (6) allocation of an appropriation of $100,000.00 per year for two consecutive years corresponding to (FY 2022-23 and FY 2023-24) for a total amount not to exceed $200,000.00 from the Public/Private Partnership Fund (Fund 0352, Department ECO, Unit P151) to the Public/Private Partnership Fund (Fund 0352, Department ECO, Unit W953) to be earmarked for the Predevelopment Assistance Program and disbursed via resolution or administrative action pursuant to the Incentive Policy - Not to exceed $200,000.00 - Financing: Public/Private Partnership Fund (This item was deferred on December 14, 2022)

Zoning Consent Agenda

Z8. 23-183 A public hearing to receive comments regarding an application for and an ordinance granting a new tract within Planned Development Subdistrict No. 128 of Planned Development District No. 193, the Oak Lawn Special Purpose District, on the northwest line of Hudnall Street, between Denton Drive and Denton Drive Cut Off Recommendation of Staff: Approval, subject to a conceptual plan and conditions Recommendation of CPC: Approval, subject to a conceptual plan and conditions Z212-259(RM)

Z10. 23-184 A public hearing to receive comments regarding an application for and an ordinance granting a Specific Use Permit for a child-care facility on property zoned an R-7.5(A) Single Family District, on the southeast corner of South Polk Street and Beckleymead Avenue Recommendation of Staff: Approval for a five-year period with eligibility for automatic renewals for additional five-year periods, subject to site plan and conditions Recommendation of CPC: Approval for a five-year period, subject to a site plan and revised conditions Z212-264(JM)

Z13. 23-89 A public hearing to receive comments regarding an application for a Specific Use Permit for the sale of alcoholic beverages in conjunction with a general merchandise or food store greater than 3,500 square feet on property zoned a CR-D-1 Community Retail District with a D-1 Liquor Control Overlay, on the north corner of Kleberg Road and Carleta Street Recommendation of Staff: Denial Recommendation of CPC: Denial without prejudice Z212-283(JM) Note: This item was deferred by the City Council before opening the public hearing on December 14, 2022, and is scheduled for consideration on January 25, 2023.

Jan 25, 2023 City Council Agenda Meetings

Full agenda
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Call to Order

OPEN MICROPHONE

1. 23-80 Approval of Minutes of the January 11, 2023 City Council Meeting

CONSENT AGENDA

33. 23-111 Consideration of appointments to boards and commissions and the evaluation and duties of board and commission members (List of nominees is available in the City Secretary's Office)

34. 23-86 Authorize Supplemental Agreement No. 2 to the professional services contract with Fanning Harper Martinson Brandt & Kutchin, P.C. to provide additional legal counsel, advice and representation for former Dallas Building Official David Session, in connection with David Session v. Board of Adjustment for the City of Dallas, et al., now styled as Andres “Andrew” Espinoza, in his Official Capacity as the Building Official of the City of Dallas, Texas v. Board of Adjustment for the City of Dallas and TCHDallas2, LLC, Cause No. DC-22-03741, and for Andres "Andrew" Espinoza, in connection with Andres "Andrew" Espinoza, in his Official Capacity as Director and Chief Building Official of the City of Dallas, Texas v. Board of Adjustment for the City of Dallas and Shuffle 214, LLC, a Texas Limited Liability Company, Cause No. DC-22-05679 - Not to exceed $200,000.00, from $73,120.69 $100,000.00 to $273,120.69 $300,000.00 - Financing: Liability Reserve Fund (This item was deferred on December 14, 2022)

35. 23-87 Authorize Supplemental Agreement No. 2 to the professional services contract with Messer, Fort & McDonald, PLLC to provide additional legal services related to appeals and defense of the Board of Adjustment in connection with Cause No. DC-22-03741; David Session v. Board of Adjustment for the City of Dallas, et al., now styled as Andres “Andrew” Espinoza, in his Official Capacity as the Building Official of the City of Dallas, Texas v. Board of Adjustment for the City of Dallas and TCHDallas2, LLC, and Cause No. DC-22-05679; Andres "Andrew" Espinoza, in his Official Capacity as Director and Chief Building Official of the City of Dallas, Texas v. Board of Adjustment for the City of Dallas and Shuffle 214, LLC, a Texas Limited Liability Company - Not to exceed $200,000.00, from $100,000.00 to $300,000.00 - Financing: Liability Reserve Fund (This item was deferred on December 14, 2022)

36. 23-193 Authorize a three-year service contract, with one one-year renewal option, for parking meter and citation management for the Department of Transportation - SP Plus Corporation, most advantageous proposer of five - Not to exceed $9,659,302.50 - Financing: General Fund (subject to annual appropriations) (This item was deferred on June 22, 2022 and August 10, 2022)

37. 23-329 An ordinance authorizing the issuance and sale of City of Dallas, Texas Waterworks and Sewer System Revenue Refunding Bonds, Series 2023A in a principal amount not to exceed $200,000,000; establishing parameters regarding the sale of the bonds; approving the execution of agreements in connection with the sale of the bonds; and all other matters related thereto - Not to exceed $613,650.00 - Financing: Dallas Water Utilities Fund

38. 23-352 Authorize a construction services contract for the 2023 Annual Street Resurfacing Contract - Johnson Bros. Corporation, a Southland Company, lowest responsible bidder of two - Not to exceed $49,982,822.75 - Financing: 2023 Certificate of Obligation Bond Fund (subject to annual appropriations)

40. 23-310 Authorize a one-year cooperative purchasing agreement for Microsoft unified enterprise support services for the Department of Information and Technology Services with Microsoft Corporation through the Texas Department of Information Resources cooperative agreement - Not to exceed $546,714 - Financing: Data Services Fund

41. 23-396 Discuss, consider, and take all appropriate actions pursuant to the performance review and evaluation of City Attorney Chris Caso (This item was deferred on August 23, 2022 and January 11, 2023)

Z5. 23-180 A public hearing to receive comments regarding an application for and an ordinance granting an amendment to and a renewal of Specific Use Permit No. 2189 for a recycling buyback center on property zoned an IM Industrial Manufacturing District, on the northeast line of Barry Avenue, between Upshur Street and East Grand Avenue Recommendation of Staff: Approval for a two-year period, subject to conditions Recommendation of CPC: Approval for a two-year period, subject to conditions Z212-296(MP)

Z9. 23-236 A public hearing to receive comments regarding an application for and an ordinance granting a Specific Use Permit for a public school other than an open-enrollment charter school on property zoned an R-7.5(A) Single Family District bounded by Boaz Street, West Greenway Boulevard, Glenwick Lane, and Inwood Road Recommendation of Staff: Approval, subject to a site plan, a traffic management plan, and conditions Recommendation of CPC: Approval for a 12-year period, subject to a site plan, a traffic management plan with corrections, and conditions Z212-261(JA)

Z11. 23-185 A public hearing to receive comments regarding an application for and an ordinance granting a Specific Use Permit for a tower/antenna for cellular communication use on property zoned a CR Community Retail District, on the southeast corner of Walnut Hill Lane and Audelia Road Recommendation of Staff: Approval for a ten-year period with eligibility for automatic renewals for additional ten-year periods, subject to a site/elevation plan and conditions Recommendation of CPC: Approval for a ten-year period with eligibility for automatic renewals for additional ten-year periods, subject to a site/elevation plan and conditions Z212-295(JM) ( Part 1 of 2 )

Z12. 23-88 A public hearing to receive comments regarding an application for a new subdistrict within Planned Development District No. 714, the West Commerce Street/Fort Worth Avenue Special Purpose District, on the southeast corner of North Hampton Road and Remond Drive Recommendation of Staff: Approval, subject to a development plan and conditions Recommendation of CPC: Denial Z201-321(MP) Note: This item was deferred by the City Council before opening the public hearing on December 14, 2022, and is scheduled for consideration on January 25, 2023.

39. 23-398 A resolution appointing an Interim City Attorney for the City of Dallas, effective at the close of business on February 28, 2023, to serve until the City Council selects and appoints the City Attorney - Financing: No cost consideration to the City (see Fiscal Information)

PH2. 23-75 A public hearing to receive comments regarding adoption of the new Economic Development Incentive Policy for the period January 1, 2023, through December 31, 2024, and at the close of the public hearing, authorize the following: (1) adoption of the City of Dallas Economic Development Policy; (2) adoption of the Economic Development Incentive Policy (“Incentive Policy”) for the public purpose of promoting economic and community development and stimulating business and commercial activity in the City of Dallas (the “City”), effective from January 1, 2023 to December 31, 2024; (3) creation of Neighborhood Empowerment Zone No. 21 to align with the state-designated Enterprise Zones within the City of Dallas as indicated on Target Area map (Exhibit C); (4) transfer administration of Neighborhood Empowerment Zones Nos. 9 and 10 from the Office of Economic Development to the Small Business Center (“SBC”), including the programmatic elements and related funding, and authorizing the Director of the Small Business Center to take actions necessary to administer those programs effective January 1, 2023; (5) creation of the Infrastructure Investment Fund whereby the amount to be transferred from the General Fund to the Infrastructure Investment Fund over a period of ten years will be equal to the amount of increment contributed by the City in the last year of an expired Tax Increment Financing District (“TIF”) district, with an option to extend, by resolution upon recommendation by the OED Director, transfers for an additional five year period, subject to availability and appropriation of such funds from an expired TIF district; and (6) allocation of an appropriation of $100,000.00 per year for two consecutive years corresponding to (FY 2022-23 and FY 2023-24) for a total amount not to exceed $200,000.00 from the Public/Private Partnership Fund (Fund 0352, Department ECO, Unit P151) to the Public/Private Partnership Fund (Fund 0352, Department ECO, Unit W953) to be earmarked for the Predevelopment Assistance Program and disbursed via resolution or administrative action pursuant to the Incentive Policy - Not to exceed $200,000.00 - Financing: Public/Private Partnership Fund (This item was deferred on December 14, 2022)

Zoning Consent Agenda

Z8. 23-183 A public hearing to receive comments regarding an application for and an ordinance granting a new tract within Planned Development Subdistrict No. 128 of Planned Development District No. 193, the Oak Lawn Special Purpose District, on the northwest line of Hudnall Street, between Denton Drive and Denton Drive Cut Off Recommendation of Staff: Approval, subject to a conceptual plan and conditions Recommendation of CPC: Approval, subject to a conceptual plan and conditions Z212-259(RM)

Z10. 23-184 A public hearing to receive comments regarding an application for and an ordinance granting a Specific Use Permit for a child-care facility on property zoned an R-7.5(A) Single Family District, on the southeast corner of South Polk Street and Beckleymead Avenue Recommendation of Staff: Approval for a five-year period with eligibility for automatic renewals for additional five-year periods, subject to site plan and conditions Recommendation of CPC: Approval for a five-year period, subject to a site plan and revised conditions Z212-264(JM)

Z13. 23-89 A public hearing to receive comments regarding an application for a Specific Use Permit for the sale of alcoholic beverages in conjunction with a general merchandise or food store greater than 3,500 square feet on property zoned a CR-D-1 Community Retail District with a D-1 Liquor Control Overlay, on the north corner of Kleberg Road and Carleta Street Recommendation of Staff: Denial Recommendation of CPC: Denial without prejudice Z212-283(JM) Note: This item was deferred by the City Council before opening the public hearing on December 14, 2022, and is scheduled for consideration on January 25, 2023.

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