Agenda

AGENDA

CITY COUNCIL WORK SESSION
City of Garland
Council Chambers, City Hall
William E. Dollar Municipal Building
200 North Fifth Street
Garland, Texas
Monday, January 3, 2022
6:00 p.m.

DEFINITIONS:

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

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

The meeting will be broadcast by webinar or telephone at the following URL:

https://garlandtx.zoom.us/webinar/register/WN_WKzFPrFeQaS8bTHS7APQzA

Registration for the online meeting is required. The meeting will be recorded and will be available for viewing the next day at www.garlandtx.gov.

For those without internet access to the meeting, a dial-in option is available. The numbers are:

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

The Meeting ID is: 840 5294 8480

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

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

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

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

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

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

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

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

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


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

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

3.		Written Briefings:

	a.	Conveyance of City Property - 1700 Block Spencer Road Denton, Texas (Spencer Electric Generation Facility) Council is requested to approve the conveyance of the 0.271-acre variable width surface use easement and the 0.101-acre 30-foot access easement located in Denton, Texas in the 1700 block of Spencer Road at the City of Garland Spencer Electric Generation Facility. Unless otherwise directed by Council, this item will be scheduled for formal consideration at the January 18, 2022 Regular Meeting.

	b.	Naaman School Road and Bottleneck Improvements Program - Condemnation Council is requested to approve two resolutions authorizing the use of eminent domain where necessary to acquire the strips and clips needed for individual consideration for the Naaman School Road and Buckingham/Plano Bottleneck Improvement projects. The three property owners will be duly compensated. This item will be scheduled for formal consideration at the January 4, 2022 Regular Meeting.

	c.	Parking Restrictions on Scott Drive Council is requested to consider restricting parking on Scott Drive from Miller Road to 185 feet south.

4.		Verbal Briefings:

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

	b.	2022 Low Income Housing tax Credit Application Process Council is requested to adopt the 2022 Tax Credit Application and Score sheet as-is.

	c.	Economic Development Strategic Plan Next Steps Council is requested to consider a purchase request by Economic Development for the development of an Economic Development Strategic Plan. Unless otherwise directed by Council, this item will be scheduled for formal consideration at the January 18, 2022 Regular Meeting.

	d.	Audit Committee Meeting Report Council Member Rich Aubin, Chair of the Internal Audit Committee, will provide a committee report on the following items: Bond Program Audit Inventory Management - City Warehouse Audit Kraft Employee Retention Audit

	e.	Police Chief to Brief the Council on Overall Crime in Garland At the request of Council Member Rich Aubin, seconded by Council Member Ed Moore, Police Chief Jeff Bryan will brief the Council on recent incidents, Garland's overall crime statistics, and additional considerations that may prove beneficial in the Police Department's fight against crime. Council may provide guidance and feedback.

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.

GARLAND
POLICY REPORT


City Council Work Session Agenda		Work Session Item 3.a.
Meeting Date:	01/03/2022
Item Title:	Conveyance of City Property – 1700 Block Spencer Road Denton, Texas (Spencer Electric Generation Facility)
Submitted By:	Darrell Cline, GP&L General Manager & CEO
Strategic Focus Areas:	Sound Governance and Finances

ISSUE
Consider the conveyance of a 0.271-acre variable width surface use easement and a 0.101-acre 30-foot access easement located in Denton, Texas in the 1700 Block of Spencer Road at the City of Garland Spencer Electric Generation Facility (See Attachment).
OPTIONS
Approval of the conveyance of the 0.271-acre variable width surface use easement and the 0.101-acre 30-foot access easement located in Denton, Texas in the 1700 Block of Spencer Road at the City of Garland Spencer Electric Generation Facility. Do not approve.
RECOMMENDATION
Staff recommends the approval of the conveyance of the 0.271-acre variable width surface use easement and the 0.101-acre 30-foot access easement located in Denton, Texas in the 1700 Block of Spencer Road at the City of Garland Spencer Electric Generation Facility. Unless otherwise directed by Council, this item will be scheduled for formal consideration at the January 18, 2022 Regular Meeting.
BACKGROUND
The City was approached by Atmos Energy Corporation for the conveyance of a 0.271-acre variable width surface use easement and a 0.101-acre 30-foot access easement located in Denton, Texas in the 1700 Block of Spencer Road at the City of Garland Spencer Electric Generation Facility. Atmos Energy Corporation requested the conveyance of the easements for the purpose of adding additional equipment and piping to their existing easement. Atmos Energy Corporation is the natural gas provider for the Spencer Generating Facility. The easements are located on the southern part of the Spencer Generation Facility site. GP&L auxiliary equipment, components, and structures are north of these easements. Due to the location of the easements, and their proximities to Atmos Energy Corporation’s existing facilities and TMPA installations, the underlying property would not be viable for future GP&L generation expansion activities. Atmos Energy Corporation is offering $10,000.00 for the conveyance of the easements, to which the GP&L staff is agreeable.
CONSIDERATION
Staff seeks the Council's concurrence in conveying the 0.271-acre variable width surface use easement and the 0.101-acre 30-foot access easement at 1700 Block of Spencer Road in Denton, Texas at the City of Garland Spencer Electric Generation Facility to Atmos Energy Corporation for a total monetary compensation of $10,000.00.

Attachments
Easement Agreement

GARLAND
POLICY REPORT


City Council Work Session Agenda		Work Session Item 3.b.
Meeting Date:	01/03/2022
Item Title:	Naaman School Road and Bottleneck Improvements Program - Condemnation
Submitted By:	Rick Galceran, Capital Project Management Director
Strategic Focus Areas:	Well-Maintained City Infrastructure

ISSUE
As part of the 2019 Bond Program, voters approved Proposition A, an authorization for the City to issue obligation bonds for street improvements, including, among other things, the acquisition of property for the Bottleneck Improvements Program and reconstruction of Naaman School Road. The Bottleneck Improvements Program will widen improvements and provide additional turn bays to relieve bottlenecks at 12 major intersections throughout the city and alleviate road congestion. Naaman School Road will be reconstructed from a two-lane roadway into a four-lane divided street stretching from Brand Road to State Highway 78 (Lavon Drive). Because the City does not already own all the property upon which the two projects will be constructed, the City has engaged in an effort to acquire the necessary easements and right-of-way.
OPTIONS
Approve two resolutions authorizing the use of eminent domain where necessary to acquire the strips and clips needed for individual consideration for the following projects: Naaman School Road, Buckingham/Plano Bottleneck Improvements. The three property owners will be duly compensated. Do not approve the resolutions.
RECOMMENDATION
Council is requested to approve two resolutions authorizing the acquisition of the property rights described in the proposed resolutions. These items will be scheduled for formal consideration at the January 4, 2022 Regular Meeting.
BACKGROUND
In May 2019, Garland Voters approved Proposition A, an authorization for the City to issue obligation bonds for, among other things, the acquisition of property for the Bottleneck Improvements Program and reconstruction of Naaman School Road. The Bottleneck Improvements Program will widen improvements and provide additional turn bays to relieve bottlenecks at 12 major intersections throughout the city and alleviate road congestion. The Bottleneck Improvements Program only requires "strips and clips" (where a portion of a parcel is required), and negotiations continue with property owners for said property interests. This particular resolution is regarding improvements at the intersection of Buckingham and Plano, which overlaps City of Garland and City of Richardson boundaries. The Naaman School Road project will alleviate road congestion by providing twice the number of travel lanes in each direction and alleviate flooding issues during significant rainfall. Because the City does not already own all the property upon which the projects will be constructed, the City has engaged in efforts to acquire the necessary properties. The Naaman School Road project has transitioned from parcels needed in their entirety (“whole-takes”), and negotiations are now underway for easements and right-of-way (strips and clips). While the whole-take properties have been negotiated, negotiations continue with property owners for the necessary strips and clips. Council was briefed on requirements for land acquisition on the Naaman School Road project and the Bottleneck Improvements Program on April 5, 2021 and on February 1, 2021, respectively, in Executive Session.
CONSIDERATION
Initiating condemnation is part of the negotiation process, and staff makes every reasonable effort to find resolution before initiating condemnation. Due to three property owners' lack of responsiveness in negotiations, pursuing the use of eminent domain is currently the method necessary for gaining the property rights required for the two projects.

Attachments
Bottleneck Improvements Program - Condemnation Resolution
Naaman School Road - Condemnation Resolution

GARLAND
POLICY REPORT


City Council Work Session Agenda		Work Session Item 4.b.
Meeting Date:	01/03/2022
Item Title:	2022 Low Income Housing tax Credit Application Process
Submitted By:	Mona Woodard, Neighborhood Services Administrator
Strategic Focus Areas:

ISSUE
The Low Income Housing Tax Credit Application and Scoring Criteria is being presented to City Council for review and adoption for the 2022 program year. The existing tax credit process was adopted by Council on December 17, 2019. Council approved applications will be made available to Developers on January 5, 2022.
OPTIONS
Adopt the 2022 Tax Credit Application and Score sheet as-is. Revise the 2022 Tax Credit Application and Score sheet. Do not consider any Tax Credit Resolutions of Support for the 2022 cycle and continue implementation of other affordable housing tools.
RECOMMENDATION
In light of the many different affordable housing programs and developments currently underway, staff recommends that City Council consider all three above options when providing direction for the upcoming LIHTC application cycle.
BACKGROUND
The low-Income Housing Tax Credit (LIHTC) program is a federal resource for creating affordable housing in the United States. It is one of many affordable housing tools available to the Garland community, including HOME Fund projects, GHFC partnership projects, Public Facilities Corporation projects, and other multi-family redevelopment initiatives. The LIHTC tax credits are an attractive housing development tool for developers, as credits provide a dollar-for-dollar reduction in a taxpayer's federal income tax, whereas a tax deduction only provides a reduction in taxable income. The Texas Department of Housing and Community Affairs (TDHCA) is the only entity in the State of Texas authorized to allocate tax credits under this program. TDHCA must develop a plan for the selection of eligible developments; this plan is known as the Qualified Allocation Plan and Rules (QAP). The QAP is revised annually and signed by the Governor. Deadline for potential new applications to be submitted is March 1, 2022. This is a highly competitive process and the QAP outlines and assigns points to each section of the application. Proposed developments are ranked according to the number of points obtained. Developers receive additional applications points when City approved Resolutions of Support are included with the application submission. Last year, five LIHTC projects received a Resolution of Support from City Council. Two of those projects have been awarded tax credits by TDHCA and are moving forward through the permitting process; construction has not yet begun. Once constructed, these two projects will add 213 housing units to the Garland community. The approved projects are: Embree Eastside by Palladium Developers, located at 1010 State Highway 66 and the Reserve at Shiloh by MVAH Development, located at 1102 N. Shiloh Road. In addition to these LIHTC projects, over the past year, the City and Garland Housing Finance Corporation (GHFC) have greatly expanded their partnership to address affordable housing needs. Home repair and Code Cares programs have been expanded to keep residents in their homes, more HOME infill projects are underway, the City initiated its first Public Facilities Corporation project, and GHFC is partnering with affordable housing developers to bring them to the City outside the LIHTC 9% competitive program. While these GHFC development projects have not yet been formally approved, some are currently being explored and GHFC anticipates bringing quality affordable housing developments to Garland. The City has also acquired Las Brisas Residential Club and is exploring opportunities to include quality affordable housing as part of this redevelopment project. Finally, it is important to note that developers have already begun exploring possible 2022 LIHTC projects in Garland, and staff has met with many of them regarding the upcoming application process. Direction from City Council is needed in order to finalize this year's application scoring sheet.

Attachments
Tax Credit Score Sheet
Tax Credit Application Calendar
Tax Credit Application


6.		Council will move into Executive Session

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



	a.	The City Council will adjourn into executive session pursuant to Section 551.074 of the Texas Government Code (relating to personnel) to: (1) conduct the annual review of the Municipal Court Judge, the Associate Municipal Court Judge, the City Auditor and the City Manager; and (2) to discuss the appointment of a new City Attorney and the employment contract related thereto.

7.		Adjourn