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, June 20, 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.	Capital Improvement Program Budget Amendment No. 1 Amend the 2022 Capital Improvement Program (CIP) to approve the changes discussed by the City Council at the Saturday, May 21, 2022, City Council Retreat.

	b.	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.

	c.	First Street Bottleneck Improvements - Eminent Domain 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 First Street (W. Miller Rd. to Lavon Dr.). The property owners will be duly compensated. Unless otherwise directed by Council, this item will be scheduled for formal consideration at the July 5, 2022 Regular Meeting.

	d.	Bottleneck Improvements Program - Eminent Domain Condemnation Council is requested to approve a resolution authorizing the use of eminent domain where necessary to acquire the property rights needed for intersection improvements at Shiloh/Belt Line and Shiloh/Buckingham. Three property owners will be duly compensated. Unless otherwise directed by Council, this item will be scheduled for formal consideration at the July 5, 2022 Regular Meeting.

4.		Verbal Briefings:

	a.	Interviews for Appointment to the Dallas Area Rapid Transit Board Information was posted on the City's website for 21 days regarding the qualifications of a DART Board Member in order to provide an opportunity for citizens to apply for the position. Applications were received from Jonathan Kelly, Mark Enoch and Theodore Patrick Spreng. Council is scheduled to interview the applicants at this meeting.

	b.	Mobile Food Vendors (Food Trucks) Council will be updated by the Community Services and Development Services Committees regarding recommendations for the regulation of Mobile Food Vendors (Food Trucks).

	c.	Audit Committee Meeting Report Council Member Rich Aubin, Chair of the Internal Audit Committee, will provide a committee report on the following items: Downtown Automotive Overlay District - Land Use Credit Program Audit Vendor Master File Audit Peer Review Report

	d.	GP&L Recovery Adjustment Factor Staff will provide Council with an update related to increasing GP&L's Recovery Adjustment Factor (RAF). The RAF is a charge per kWh that provides for the recovery of GP&L's revenue requirements not recovered by customer, demand, or energy charges. By ordinance the RAF may be adjusted on a monthly basis by the GP&L Managing Director.

	e.	Transportation, Infrastructure and Mobility Committee Report Council Member Rich Aubin, Chair of the Transportation, Infrastructure and Mobility Committee, will provide a committee report on items pending in the committee.

5.		Discuss Appointments to Boards and Commissions

		Mayor Pro Tem Hedrick PC Mathew - Environmental and Community Advisory Board Deputy Mayor Pro Tem Williams Bruce Bishop - Board of Adjustment CorSharra Jackson - Community Multicultural Commission Dr. Shibu Samuel - Environmental and Community Advisory Board Gwendolyn Daniels - Library Board Molly Bishop - Parks and Recreation Board John O'Hara - Plan Commission Sal Liberto - Senior Citizens Advisory Board Kathleen Hansrote - Tax Increment Finance #1 Board Phillip Johnson - Tax Increment Finance #3 Board James Alton Hall, Jr. - Unified Building Standards Board

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 551.087 and 551.071 of the Texas Government Code to deliberate or discuss: economic development matters related to commercial or financial information that the City has received from one or more business prospects 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 (551.087) related to Section 251.742 of the TABC and attorney/client matters concerning privileged and unprivileged client information related to the same (551.071); and economic development matters related to commercial or financial information that the City has received from one or more business prospects 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 (551.087) related to the MyPossibilities Project and attorney/client matters concerning privileged and unprivileged client information related to the same (551.071).

8.		Adjourn

GARLAND
POLICY REPORT


City Council Work Session Agenda		Work Session Item 3.a.
Meeting Date:	06/20/2022
Item Title:	Capital Improvement Program Budget Amendment No. 1
Submitted By:	Allyson Bell Steadman, Budget Director
Strategic Focus Areas:	Sound Governance and Finances

ISSUE
Amend the 2022 Capital Improvement Program (CIP) to approve the changes discussed by the City Council at the Saturday, May 21, 2022, City Council Retreat.
OPTIONS
(A) Approve CIP Budget Amendment No. 1 as discussed at the City Council Retreat. (B) Approve portions of CIP Budget Amendment No. 1. (C) Do not approve CIP Budget Amendment No. 1.
RECOMMENDATION
Option (A) – Approve CIP Budget Amendment No. 1 as proposed and as discussed at the May 21, 2022, City Council Retreat. Unless otherwise directed by Council, this item will be scheduled for formal consideration at the June 21, 2022, Regular Meeting.
BACKGROUND
At the Saturday, May 21, 2022, City Council Retreat, staff presented proposed changes to the City's Capital Improvement Program to address factors impacting the program, including unprecedented inflation rates/cost escalation, scope correction, and scope additions. Staff identified $141.8 million in additional project expenditures due to inflation/cost escalation ($103.6 million), scope correction ($10.6 million), and scope addition ($27.6 million) over the CIP. Additionally, staff identified that based on projected tax base growth for 2023, there will be additional debt service capacity of $67.4 million and available one-time cash reserves of $1.0 million to be utilized to address the additional project expenditures. At the Retreat, City Council provided direction on changes to address the projected shortfall of $73.4 million as a result of the $141.8 million increase in projected expenditures. The CIP Budget Amendment No. 1 seeks to reappropriate the 2022 CIP based on updated schedules to deliver projects underway in 2022 and to update the Capital Improvement Program multi-year plan as proposed and as discussed at the May 21, 2022, City Council Retreat. I. CIP Budget Amendment No. 1 will appropriate additional funding required for projects underway in 2022 by Program Area, as outlined in “Attachment A: Amendments to 2022 CIP Appropriations,” and detailed below: (A) Park CIP CIP Budget Amendment No. 1 proposed to increase the Park CIP 2022 Appropriation by the net amount of $439,000 for the continuation of the Playground Replacement program, Sports Field/Park Renovation Program, Park System Parking and Park Roads program, Aquatics Program - Splash Pads, Trail Development Program, Watson Park improvements, and the Downtown Restroom, and an adjustment to the Garland Senior Activity Center, pushing project costs out to 2023 following a public engagement and design process in 2022. (B) Street / Transportation CIP CIP Budget Amendment No. 1 proposed to increase the Street/Transportation CIP 2022 Appropriation by the amount of $151,000 for the continuation of Holford Road Segment B - Naaman Forest Blvd. to PGBT, Holford Segment C - Arapaho Rd. to Naaman Forest Blvd. land acquisition, Package 1 of the Bottleneck Improvements Program, and Railroad Crossing Improvements program, and an adjustment to the Lyons Road - I.H. 30 to Guthrie Road project pushing project costs out to a future year. (C) Drainage CIP CIP Budget Amendment No. 1 proposed to decrease the Drainage CIP 2022 Appropriation by the amount of $3,089,000 for the postponement of the Lakewood Addition Drainage Improvements and Garvon West Industrial Park Drainage Improvements to be completed in a future year. (D) Library CIP CIP Budget Amendment No. 1 proposed to increase the Library CIP 2022 Appropriation by the amount of $134,000 for the completion of the installation of two Library kiosks through the Library Modernizations/Upgrades program. (E) Public Safety CIP CIP Budget Amendment No. 1 proposed to increase the Public Safety CIP 2022 Appropriation by the amount of $566,000 for the completion of the Police Property and Evidence Building. (F) Economic Development CIP CIP Budget Amendment No. 1 proposed to decrease the Economic Development CIP 2022 Appropriation by the amount of $555,000 for the postponement of the Lavon Landscaping project. (G) Municipal Facilities & Miscellaneous Tax-Supported CIP CIP Budget Amendment No. 1 proposed to decrease the Municipal Facilities & Miscellaneous Tax-Supported CIP 2022 Appropriation by the net amount of $396,700, including the postponement of the New Public Health Clinic design in the amount of $500,000 until a future bond program and an increase of $103,300 for the replacement of golf park carts for the Firewheel Golf Course. II. CIP Budget Amendment No. 1 will also detail the changes to the CIP's multi-year plan as discussed by the City Council on May 21^st, as outlined in “Attachment B: Changes to the CIP." These changes will be incorporated into the 2023 Proposed Capital Improvement Program. (A) Project Changes to Address Shortfall At the Retreat, City Council reviewed and deliberated on a plan of adjustments to 13 projects to address the projected shortfall of $73.4 million. The following are the changes that will be made as part of the adjustments to the CIP: 1. Push out the Lyons Road - I.H. 30 to Guthrie Road project to beyond the five-year plan. 2. Push out the Leon Road - S. Garland Ave. to McCree Road project to beyond the five-year plan. 3. Push out the Lavon Landscaping project to beyond the five-year plan. 4. Push out the Lakewood Addition Drainage Improvements project to beyond the five-year plan. 5. Push out the Garvon West Industrial Park Drainage Improvements project to beyond the five-year plan. 6. Push out the Western Heights No. 4 Drainage Improvements project to beyond the five-year plan; Maintain $500,000 for a drainage study in 2022. 7. Eliminate the Broadband Services project from the American Rescue Plan Act (ARPA) allocation due to a duplication of Federal and GISD programs. 8. Eliminate the New Public Health Clinic project from the ARPA allocation and bring forward in the next Bond Program. 9. Transfer the Audubon Park Service Road/Picnic Area Paving Replacement project from the 2004 Bond and American Rescue Plan Act allocation to be completed in-house with internal resources. 10. Cash-fund the Holford Park Sports Field Lighting in the FY 2021-22 Revised Operating Budget and reallocate the 2019 Bond funding to other needs. 11. Cash-fund the Ridgewood Master Plan in the FY 2021-22 Revised Operating Budget and reallocate the ARPA funding to other needs. 12. Cash-fund the Emergency Operations Center AV System in the FY 2021-22 Revised Operating Budget and reallocate the ARPA funding to other needs. 13. Cash-fund the On-Street Bicycle Facilities improvements in the FY 2021-22 Revised Operating Budget and reallocate the ARPA funding to other needs.
CONSIDERATION
I. Amendments to the 2022 CIP Appropriations Staff seeks City Council approval to appropriate $310,000 to the Playground Replacement Program, $858,000 to the Sports FIeld/Park Renovation Program, $603,000 to the Park System Parking and Park Roads Program, $254,000 to the Aquatics Program - Splash Pads, $204,000 to the Trail Development Program, $480,000 to the Watson Park project, $25,000 to the Downtown Restrooms project, $154,000 to the Holford Road Segment B project, $141,000 to the Holford Road Segment C project, $1,209,000 to the Bottleneck Improvements Program, $1,375,000 to the Railroad Crossing Improvements program, $134,000 to the Modernization/Upgrades - Library Kiosks project, $566,000 to the Police Property and Evidence Building, and $103,300 to the Firewheel Golf Park Cart Replacements project, to be expended in 2022. (A) Funding from 2019 Bond Program The City will issue Commercial Paper as expenditures are incurred in the Park System Parking and Park Roads Program, Trail Development Program, Holford Road Segment B, Holford Road Segment C, Bottleneck Improvements Program, Railroad Crossing Improvements program, Modernization/Upgrade - Library Kiosks, and Police Property and Evidence Building; and at a future date, 2019 General Obligation Bonds will be issued to refinance the outstanding Commercial Paper. (B) Funding from Future Certificate of Obligation The City's cash reserves will be used to fund the increases outlined to the Playground Replacement Program, Sports Field/Park Renovation Program, Aquatics Program - Splash Pads, and Watson Park; and a Reimbursement Certificate will be issued allowing the reserve to be replenished in May 2023 when Certificates of Obligation are issued to fund these requests and the upcoming 2023 CIP. (C) Funding from Short-Term Tax Note Reserves The City's available Short-Term Tax Note reserves will be used to fund the $103,300 additional cost in the Firewheel Golf Park Cart Replacements project. (D) Funding from One-Time Cash The FY 2021-22 Revised Operating Budget will reflect a transfer to the CIP in the amount of $25,000 for the Downtown Restroom project. Staff seeks City Council approval to reduce the 2022 appropriation by $2,295,000 for the Garland Senior Activity Center, $2,728,000 for Lyons Road - I.H. 30 to Guthrie Road, $346,000 for the Lakewood Addition Drainage Improvements, $2,743,000 for the Garvon West Industrial Park Drainage Improvements, $555,000 for Lavon Landscaping, and $500,000 for the New Public Health Clinic. These project costs will be moved to a future year. II. Changes to the multi-year Capital Improvement Program Finally, the changes to the multi-year Capital Improvement Program will be incorporated into the 2023 Proposed Capital Improvement Program. Changes to the allocation of the American Rescue Plan Act funding to capital projects based on recent U.S. Department of the Treasury guidance will be brought forward for Council's consideration on a future budget amendment.

Attachments
Attachment A - Amendments to 2022 CIP Appropriations
Attachment B - Changes to CIP Multi-Year Plan

GARLAND
POLICY REPORT


City Council Work Session Agenda		Work Session Item 3.c.
Meeting Date:	06/20/2022
Item Title:	First Street Bottleneck Improvements - Eminent Domain 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 includes the Bottleneck Improvements Program, requiring the expansion of First Street from West Miller Road to Lavon Drive. 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. On June 6, 2022, Council was briefed on the Bottleneck Improvements Program, specifically along First Street.
OPTIONS
Approve an omnibus resolution authorizing the use of eminent domain where necessary to acquire the property rights needed for First Street (W. Miller Rd. to Lavon Dr.). 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. Unless otherwise directed by Council, this item will be scheduled for formal consideration at the July 5, 2022 Regular Meeting. (The design contract for this project was previously awarded.)
BACKGROUND
The approved roadway alignment for First Street (W. Miller Rd. to Lavon Dr.) includes expanding the roadway for additional turn and through lanes. The approved roadway alignment anticipates the need for approximately 60 parcels or a portion thereof. 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 First Street Bottleneck Improvements project on February 28, 2022 and June 6, 2022 in Executive Session. Based upon previous requests from Council, 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) current DCAD value. This information is based on the most recent alignment as approved by the Council. In practice, the initial offers presented to the property owners will be based upon a private appraisal.
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
First Street Bottleneck Improvements
Supplementary Property Information

GARLAND
POLICY REPORT


City Council Work Session Agenda		Work Session Item 3.d.
Meeting Date:	06/20/2022
Item Title:	Bottleneck Improvements Program - Eminent Domain Condemnation
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 includes the Bottleneck Improvements Program, requiring the expansion of 12 major intersections to alleviate traffic congestion. Intersections will be expanded to provide additional turn bays and/or through lanes. The City does not own all the property necessary to construct the project and has engaged in an effort to acquire the necessary easements and right-of-way.
OPTIONS
Approve one resolution authorizing the use of eminent domain where necessary to acquire the property rights needed for intersection improvements at Shiloh/Belt Line and Shiloh/Buckingham. Three (3) property owners will be duly compensated. Do not approve the resolution.
RECOMMENDATION
Council is requested to approve one resolution authorizing the acquisition of the property rights described in the proposed resolution. Unless otherwise directed by Council, this item will be scheduled for formal consideration at the July 5, 2022 Regular Meeting.
BACKGROUND
The Bottleneck Improvements Program will widen intersections to provide additional turn bays and through lanes to alleviate congestion at 12 major intersections. The bottleneck improvements require the acquisition of "strips and clips" or portions of multiple parcels. Because the City does not already own all the property upon which the project will be constructed, the City has engaged in efforts to acquire the necessary property rights and continues to negotiate with additional property owners for said property interests. If these negotiations are unsuccessful, additional properties may need to be included on a future resolution. The resolution currently being considered focuses on improvements at the intersections of Shiloh at Buckingham and Shiloh at Belt Line. Council was previously briefed on the land acquisition requirements for the Bottleneck Improvements Program in Executive Session.
CONSIDERATION
Initiating condemnation is part of the negotiation process, and staff makes every reasonable effort to reach a mutual agreement before initiating condemnation. Due to several owners' lack of responsiveness in negotiations and/or lack of mutual agreement on purchase price, pursuing the use of eminent domain is currently the method necessary for gaining the property rights required for the project.

Attachments
Bottleneck Improvements