Agenda

AGENDA

CITY COUNCIL WORK SESSION
City of Garland
Work Session Room, City Hall
William E. Dollar Municipal Building
200 North Fifth Street
Garland, Texas
Monday, April 4, 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.

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.	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.	Youth Programs Standards of Care Ordinance Council is requested to consider an ordinance with public comments for the Youth Programs Standards of Care. Unless otherwise directed by Council, this item will be scheduled for formal consideration at the April 19, 2022 Regular Meeting.

	c.	Shiloh Road (Kingsley to Miller) - Omnibus Resolution Council is requested to approve an omnibus resolution authorizing the use of eminent domain where necessary to acquire the property rights needed for Shiloh Road (Kingsley to Miller). The property owners will be duly compensated. Unless otherwise directed by Council, this item will be scheduled for formal consideration at the April 19, 2022 Regular Meeting.

	d.	Lyons Road (IH-30 to Guthrie) - Omnibus Resolution Council is requested to approve an omnibus resolution authorizing the use of eminent domain where necessary to acquire the property rights needed for Lyons Road (IH-30 to Guthrie). The property owners will be duly compensated. Unless otherwise directed by Council this item will be scheduled for formal consideration at the April 19, 2022 Regular Meeting.

	e.	Shiloh Road - Advanced Funding Agreements Council is requested to approve two resolutions authorizing the City Manager to sign the advanced funding agreements with TxDOT that will award $20.35 million in funding to the City through the Regional Transportation Committee (RTC) for the reconstruction and widening of S. Shiloh Road from W. Kingsley Road to W. Miller Road. Unless otherwise directed by Council, this item will be scheduled for formal consideration at the April 19, 2022 Regular Meeting.

	f.	Forest Lane Railroad Crossing Improvements (S. Kirby Street to S. International Road) Council is requested to approve a resolution in which the Dallas, Garland & Northeastern Railroad Company (DGNO) agrees to allow the City to remove the existing asphalt pavement materials at this location and reconstruct the crossing area with the reinforced concrete pavement. The resolution also acknowledges DGNO's continued rights, title and interest to and upon this crossing and retains their ability to reinstall a second track in the future at their sole expense. Unless otherwise directed by Council, this item will be scheduled for formal consideration at the April 19, 2022 Regular Meeting.

4.		Verbal Briefings:

	a.	Garland Chamber of Commerce Update Paul Mayer, CEO of the Garland Chamber of Commerce, will provide Council with an update on the Chamber of Commerce.

	b.	2019 Bond Program - Status Update Staff will brief Council on the progress to date in implementing the 2019 Bond Program.

	c.	Medical District Project Updates and Request to Purchase Professional Services to Develop Urban Design Council is requested to consider a purchase request by Economic Development for the establishment of a comprehensive Urban Design plan for TIF #3, including the future Wellness Park, which is currently owned by the Veteran's Administration (VA). Unless otherwise directed by Council, this item will be scheduled for formal consideration at the April 19, 2022 Regular Meeting.

	d.	Council Update on Garland Animal Services Trap, Neuter and Return (TNR) Program Staff will provide an update on the TNR program and the partnership with Garland Pawsibilities.

	e.	City Special Events Updates Staff will provide an update on City Special Events.

	f.	Update on Windsurf Bay Park At the request of Council Member Ed Moore and Mayor Scott LeMay, Council Member Ed Moore will provide an update on Windsurf Bay Park to City Council with the assistance of City Staff.

	g.	Development Services Committee Report Development Services Committee Chair Dylan Hedrick will report on the following items: GDC Regulation on Cell Phone Towers Multi-family Parking Standards

5.		Discuss Appointments to Boards and Commissions

		Council Member Rich Aubin Margaret Bice - Board of Adjustment

6.		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.

7.		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:



		The City Council will adjourn into executive session pursuant to Sections 551.072 and 551.071 of the Texas Government Code to deliberate or discuss the purchase, exchange, lease or value of several tracts of real property for public works projects located within the City (551.072) and attorney/client matters concerning privileged and unprivileged client information related to the same (551.071).

		The City Council will adjourn into executive session under Sec. 551.087, TEX. GOV'T CODE 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 relating to: A commercial project located generally northeast of the intersection of North Shiloh Road and West Walnut Street

8.		Adjourn

GARLAND
POLICY REPORT


City Council Work Session Agenda		Work Session Item 3.c.
Meeting Date:	04/04/2022
Item Title:	Shiloh Road (Kingsley to Miller) - Omnibus Resolution
Submitted By:	Laura Dunn, Strategic Projects and Capital Portfolio Manager
Strategic Focus Areas:	Well-Maintained City Infrastructure

ISSUE
As part of the 2019 Bond Program, voters approved Proposition A, which included the reconstruction of S. Shiloh Road from W. Kingsley Road to W. Miller Road. The City does not own all the property necessary to construct the project and will engage in an effort to acquire the necessary easements and right-of-way. On February 28, 2022, Council was briefed on Staff presenting roadway projects, which potentially require the use of eminent domain, as a single resolution encompassing the entire limits of the project, rather than a series of individual resolutions for each piece of property. State law allows the Council to authorize the use of eminent domain to acquire rights to multiple tracts, so long as those tracts are all part of the same project.
OPTIONS
Approve an omnibus resolution authorizing the use of eminent domain where necessary to acquire the property rights needed for Shiloh Road (Kingsley to Miller). The property owners will be duly compensated. Do not approve the omnibus resolution for the project. The process will default to Staff presenting a series of individual resolutions on a property-by-property basis should the use of eminent domain be required.
RECOMMENDATION
Council is requested to approve an omnibus resolution authorizing the acquisition of the property rights described in the proposed resolution. This item is scheduled for formal consideration at the April 19, 2022 Regular Meeting, along with the advanced funding agreements and design bid award associated with the project.
BACKGROUND
The approved roadway alignment for S. Shiloh Road (W. Kingsley and W. Miller Roads) includes expanding the roadway to a six-lane divided concrete street. The approved roadway alignment anticipates the need for 60 parcels or a portion thereof. Negotiations with property owners are anticipated to begin upon receiving clearance from TXDOT. Should efforts to obtain the necessary property interests be unsuccessful, Staff is seeking pre-authorization to pursue eminent domain on one or more parcels. Council was briefed on requirements for land acquisition on the Shiloh Road project on November 8, 2021 and February 28, 2022 in Executive Session. Council requested for Staff to include certain information on the resolution regarding the property rights the City seeks to acquire. After consultation with the Office of the City Attorney, it was advised to exclude certain information from the resolution. In response to Council's request, Staff is providing the DCAD value information as a supplementary attachment. It includes: (1) property address; (2) property ownership, per DCAD records; (3) the legal description of the parent tract; (4) the acquisition type; and (5) the DCAD value of the parent tract. This information is based on the most recent roadway alignment as approved by the Council. Current data indicates actual appraised value is about 125-150% of the listed DCAD value. In practice, the initial offers presented to the property owners will be based upon a private appraiser's opinion of the market value.
CONSIDERATION
Initiating condemnation is part of the negotiation process, and Staff makes every reasonable effort to successfully negotiate a purchase price before initiating condemnation. Staff will only initiate condemnation when a mutual agreement cannot be reached or there are significant title or lien issues.

Attachments
Shiloh Road - Omnibus Resolution
Shiloh Road - Supplementary Property Information

GARLAND
POLICY REPORT


City Council Work Session Agenda		Work Session Item 3.d.
Meeting Date:	04/04/2022
Item Title:	Lyons Road (IH-30 to Guthrie) - Omnibus Resolution
Submitted By:	Laura Dunn, Strategic Projects and Capital Portfolio Manager
Strategic Focus Areas:	Well-Maintained City Infrastructure

ISSUE
As part of the 2019 Bond Program, voters approved Proposition A, which included the reconstruction of Lyons Road from IH-30 to Guthrie Road. The City does not own all the property necessary to construct the project and will engage in an effort to acquire the necessary easements and right-of-way. On February 28, 2022, Council was briefed on Staff presenting roadway projects, which potentially require the use of eminent domain, as a single resolution encompassing the entire limits of the project, rather than a series of individual resolutions for each piece of property. State law allows the Council to authorize the use of eminent domain to acquire rights to multiple tracts, so long as those tracts are all part of the same project.
OPTIONS
Approve an omnibus resolution authorizing the use of eminent domain where necessary to acquire the property rights needed for Lyons Road (IH-30 to Guthrie). The property owners will be duly compensated. Do not approve the omnibus resolution for the project. The process will default to Staff presenting a series of individual resolutions on a property-by-property basis should the use of eminent domain be required.
RECOMMENDATION
Council is requested to approve an omnibus resolution authorizing the acquisition of the property rights described in the proposed resolution. This item is scheduled for formal consideration at the April 19, 2022 Regular Meeting, along with the design bid award associated with the project.
BACKGROUND
The approved roadway alignment for Lyons Road (IH-30 to Guthrie Road) includes expanding the roadway from a two-lane asphalt street to a four-lane divided concrete street with curbs. The approved roadway alignment anticipates the need for 28 parcels or a portion thereof. Should efforts to obtain the necessary property interests be unsuccessful, Staff is seeking authorization to pursue eminent domain on one or more parcels. Council was briefed on requirements for land acquisition on the Lyons Road project on November 8, 2021 and February 28, 2022 in Executive Session. Council requested for Staff to include certain information on the resolution regarding the property rights the City seeks to acquire. After consultation with the Office of the City Attorney, it was advised to exclude certain information from the resolution. In response to Council's request, Staff is providing the DCAD value information as a supplementary attachment. It includes: (1) property address; (2) property ownership, per DCAD records; (3) the legal description of the parent tract; (4) the acquisition type; and (5) the DCAD value of the parent tract. This information is based on the most recent alignment as approved by the Council. Current data indicates actual appraised value is about 125-150% of the listed DCAD value. In practice, the initial offers presented to the property owners will be based upon a private appraiser's opinion of the market value.
CONSIDERATION
Initiating condemnation is part of the negotiation process, and staff makes every reasonable effort to successfully negotiate a purchase price before initiating condemnation. Staff will only initiate condemnation when a mutual agreement cannot be reached or there are significant title or lien issues.

Attachments
Lyons Road - Omnibus Resolution
Lyons Road - Supplementary Property Information

GARLAND
POLICY REPORT


City Council Work Session Agenda		Work Session Item 3.f.
Meeting Date:	04/04/2022
Item Title:	Forest Lane Railroad Crossing Improvements (S. Kirby Street to S. International Road)
Submitted By:	Steve Oliver, Streets Director
Strategic Focus Areas:	Well-Maintained City Infrastructure

ISSUE
The existing railroad crossing on Forest Lane between S. Kirby Street and S. International Road belongs to the Dallas, Garland & Northeastern Railroad Company (DGNO). The existing track crosses Forest Lane diagonally at this location. On the east side of the crossing, there is an asphalt section of roadway pavement approximately 14 feet wide that needs to be removed and replaced with reinforced concrete pavement.
OPTIONS
The City Council has two options: Approve the attached resolution, in which DGNO agrees to allow the City to remove the existing asphalt pavement materials at this location and reconstruct the crossing area with reinforced concrete pavement. The resolution also acknowledges DGNO's continued rights, title and interest to and upon this crossing and retains their ability to reinstall a second track in the future at their sole expense. Do not approve the attached resolution and the Street Department will continue to maintain the existing asphalt pavement at this location.
RECOMMENDATION
The City Attorney's Office has prepared the attached resolution acknowledging DGNO's continued rights, title and interest to and upon that certain railroad crossing on Forest Lane between S. Kirby Street and S. International Road and granting them permission to reinstall an additional track at this location in the future at their request and sole cost. Unless otherwise directed by City Council, this item will be scheduled for formal consideration at the April 19, 2022 Regular Meeting.
BACKGROUND
The existing railroad crossing on Forest Lane between S. Kirby Street and S. International Road belongs to DGNO. The crossing surface has deteriorated over time and needs improvements to provide a better pavement surface for the traveling public. The existing track crosses Forest Lane diagonally at this location. On the east side of the crossing, there is an asphalt section of roadway pavement approximately 14 feet in width. When Forest Lane was reconstructed in the 1987/1988 timeframe, the as-built engineering plans indicated a double track at this location. The east track was removed sometime after the reconstruction of Forest Lane and the area where the east railroad track was previously located was reconstructed with asphaltic pavement material. The Street Department's design plans for this railroad crossing improvement call for removing this asphalt pavement and reconstructing it with reinforced concrete pavement. DGNO will allow this construction to occur in their right-of-way provided the City of Garland passes a resolution acknowledging that DGNO has not abandoned its rights to the additional area at this crossing and that DGNO can reinstall the additional track at this crossing at a future date at its sole cost and expense, should it choose to do so.
CONSIDERATION
If City Council approves this resolution, the Street Department will have its concrete repair contractor replace the pavement in the railroad right-of-way once the contractor has received an approved permit from the parent company of DGNO to perform such construction activities within their right-of-way.

Attachments
Resolution Forest Lane Railroad Crossing