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, March 2, 2020
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.	Consider Approving a Development Agreement with GL Lakeview Pointe Housing Council is requested to consider approving a development agreement relating to a multi-family project to be located north of I-30 and east of Bass Pro Drive. The development agreement (and the project to which the development agreement relates) will provide for the City's desired extension of Zion Road from its current terminus at Lake Ray Hubbard (near the boat ramp) around the perimeter of the project and connecting to the I-30 frontage road. The development agreement will also obligate the developer to the perpetual maintenance of a portion of a seawall along the shoreline of Lake Ray Hubbard. This item is scheduled for formal consideration at the March 3, 2020 Regular Meeting.

	b.	Notice of Intent to Issue Certificates of Obligation Council is requested to approve a notice of intent resolution on March 17, 2020 to meet the legal requirements for issuing certificates of obligation to fund a portion of the Adopted 2020 CIP and pay related issuance costs of approximately $150,000. Unless otherwise directed by Council, this item will be scheduled for formal consideration at the March 17, 2020 Regular Meeting.

	c.	Bond Refunding - Electric Utility System Commercial Paper Notes Council is requested to authorize staff to refund approximately $40 million of Electric Utility System Commercial Paper Notes, Series 2018 with Electric System Revenue Refunding Bonds, Series 2020. Unless otherwise directed by Council, this item will be scheduled for formal consideration at the May 19, 2020 Regular Meeting.

	d.	IH 635 Project Traffic Signal Equipment Reimbursement and Maintenance Agreement with TxDOT Council is requested to authorize the City Manager to sign the agreement with TxDOT. Unless otherwise directed by Council, this item will be scheduled for formal consideration at the March 17, 2020 Regular Meeting.

	e.	Use of Narcotic Seizure Funding for Rifle Replacement Program Council is requested to approve the use of narcotic seizure funding for the replacement of rifles. Unless otherwise directed by Council, this item is scheduled for formal consideration at the March 17, 2020 Regular Meeting.

4.		Verbal Briefings:

	a.	DART's Bus Network Redesign Process DART will provide Council with a briefing on DART's Bus Network Redesign process.

	b.	Review and Deliberation of 2020 Capital Improvement Program Council will deliberate changes in the City Manager's Proposed capital plan and provide staff direction regarding changes to the 2020 Proposed CIP.

	c.	Public Safety Committee Report Deputy Mayor Pro Tem Robert Vera, Chairman of the Public Safety Committee, and Chief Jeff Bryan, Staff Liaison to the Committee, will provide a committee report on the following items assigned to the Committee: Parking near or around intersections Community service alternatives for parking citation fines


	d.	Administrative Services Committee Update Mayor Pro Tem Robert John Smith, Chair of the Administrative Services Committee, will provide a committee report on the following items: Protocol for Visiting Dignitaries Council Orientation Supplement

	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 the following items: Recommendation regarding the proposed operating policies and allocation of "Paving of Unpaved Alleys" funds as provided in the 2019 Bond Program Recommendation regarding remaining "Street and Alley Petition" funds from the 2004 Bond Program

	f.	Update on City Marshal Parking Enforcement Program The City Council requested that the City Marshal report back on the progress of the parking enforcement program after the program progressed from the initial warning-only phase into the electronic warning and ticket phase. The City Marshal will present the preliminary results of the parking enforcement program and make recommendations for necessary ordinance amendments to implement civil parking enforcement, which will include a process for the immobilization of vehicles for repeat or aggravated offenses. The City Marshal will brief Council on other minor and technical corrections to ordinances relating to the parking enforcement program. Unless otherwise directed by Council, this item will be scheduled for formal consideration at the March 17, 2020 Regular Meeting.

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
CITY COUNCIL ITEM SUMMARY SHEET


City Council Work Session Agenda		Work Session Item 3.a.
Meeting Date:	03/02/2020
Item Title:	Consider Approving a Development Agreement with GL Lakeview Pointe Housing
Submitted By:	Brad Neighbor, City Attorney

Summary of Request/Problem
Council is requested to consider approving a development agreement relating to a multi-family project to be located north of I-30 and east of Bass Pro Drive. The development agreement (and the project to which the development agreement relates) will provide for the City's desired extension of Zion Road from its current terminus at Lake Ray Hubbard (near the boat ramp) around the perimeter of the project and connecting to the I-30 frontage road. The development agreement will also obligate the developer to the perpetual maintenance of a portion of a seawall along the shoreline of Lake Ray Hubbard. This project is somewhat complicated due to the location of the proposed project and the number of parties involved. The developer will build the Zion Road extension and dedicate the completed construction to Garland. A part of the proposed extension of Zion Road will occupy City of Dallas property located near the shoreline of Lake Ray Hubbard. As a condition of granting Garland an easement to use that property for Zion Road (along with drainage easements in the area), the City of Dallas is requiring the developer to install erosion control improvements (what we call a seawall) along a part of the Lake Ray Hubbard shoreline near where the Zion Road extension will be located. Although Garland hopes to have a hike and bike path in the same area at some point in the future, we do not want to be responsible for maintaining the seawall. The developer has agreed to install the seawall and to provide for its maintenance by agreeing to bind future owners of the multi-family project to those maintenance obligations. In exchange for the costs involved in building the seawall and the extension of Zion Road, the City will agree to waive impact fees in the amount of approximately $247,000. The cost of the Zion Road extension alone is expected to exceed $1 million. The cost of building the seawall in order to satisfy Dallas’ conditions will be considerable as well. The Dallas City Council is expected to grant its approval of the street and drainage easements to Garland the week of February 24, 2020.
Recommendation/Action Requested and Justification
Approve a development agreement in the form and substance of that attached. The development agreement will obligate the developer to (1) construct the proposed multi-family project according to the detail plan approved in Zoning File 18-10; (2) construct the extension of Zion Road; and (3) construct and maintain the seawall. As consideration for those obligations, the City will agree to waive impact fees relating to the project. This item is scheduled for formal consideration at the March 3, 2020 Regular Meeting.

Attachments
Draft Development Agreement Non-Final

GARLAND
POLICY REPORT


City Council Work Session Agenda		Work Session Item 3.b.
Meeting Date:	03/02/2020
Item Title:	Notice of Intent to Issue Certificates of Obligation
Submitted By:	Matt Watson, Finance Director
Strategic Focus Areas:	Sound Governance and Finances

ISSUE
On March 3, 2020, Council will consider the adoption of the 2020 Capital Improvement Program (CIP), which contemplates a Certificate of Obligation (CO) bond sale in the amount of approximately $20 million to fund a portion of the CIP. Council is asked to consider approving a notice of intent resolution at the March 17, 2020 Regular Meeting to provide legal authorization for the certificates. Approval of the notice of intent resolution will not obligate the City to issue debt and the total amount of issuance in the notice will be adjusted to match the CO funding requirements of the Council Adopted 2020 CIP.
OPTIONS
Consider approval of a notice of intent resolution on March 17, 2020 to meet the legal requirements for issuing certificates of obligation to fund a portion of the Adopted 2020 CIP and pay related issuance costs of approximately $150,000. Do not approve a funding source for a portion of the Adopted 2020 CIP.
RECOMMENDATION
Unless otherwise directed by Council, this item will be scheduled for formal consideration at the March 17, 2020 Regular Meeting.
BACKGROUND
The City Manager formally submitted the proposed CIP to Council at the Regular Meeting on February 4, 2020 and staff made copies of the proposed CIP available for public inspection and review the next day in libraries and the City Secretary's Office. The City Council held a Special Budget Work Session on February 8, 2020 to review the proposed program. In addition, a Public Hearing on the Proposed CIP was held on February 18, 2020. The 2020 Capital Improvement Program will be considered for adoption by Council on March 3, 2020. The proposed CIP requires the issuance of Certificates of Obligation. The CO's will fund approximately $20 million in projects. These numbers are preliminary and will be adjusted to reflect any revisions Council makes to the Proposed 2020 CIP. In compliance with City Council's Financial Policy, Certificates of Obligation debt is issued so the debt maturities are aligned with the useful lives of the capital improvements being funded. CO principal maturities range from 5 years to 20 years. CO's require approval by Council and publication of a notice of intention for issuance.
CONSIDERATION
Legal Council approval of a resolution to publish a notice of intent to issue certificates of obligation will meet the legal requirements for debt issuance but will not obligate the City to issue the debt. Legally, a notice of intention must be published in a newspaper of general circulation once a week for two consecutive weeks, with the first publication to be at least 45-days before Council formally considers the ordinance authorizing the issuance of the certificates. In addition, this notice must be published on the City website for at least 45-days before the date Council will consider the ordinance authorizing the issuance of the certificates. Currently, staff plans on requesting City Council approval to issue Certificates of Obligation, Series 2020 at the May 19, 2020 Regular Council Meeting. Financial Since neither cash nor voter authorized bonds are available to fund a portion of the 2020 CIP, staff requests the issuance of Certificates of Obligation. Based on information from the City's Financial Advisors, Hilltop Securities Inc., the proposed certificates of obligation can be sold at an estimated interest rate of 2.3% in the current interest rate environment. At this interest rate and assuming the adopted CIP requires approximately $20 million in CO debt, the City will incur additional debt service (principal and interest payments) for the certificate of approximately $2.6 million per year for fiscal years 2021 to 2025, approximately $930 thousand per year for fiscal years 2026 to 2030, and approximately $430,000 for fiscal years 2031 to 2040. The actual interest rate, annual debt service and issue costs will be finalized at the time of the bond sale (May 19, 2020). The Interest and Sinking debt service tax rate is not impacted as a result of this debt issuance.

GARLAND
POLICY REPORT


City Council Work Session Agenda		Work Session Item 3.d.
Meeting Date:	03/02/2020
Item Title:	IH 635 Project Traffic Signal Equipment Reimbursement and Maintenance Agreement with TxDOT
Submitted By:	Paul Luedtke, Transportation Director
Strategic Focus Areas:	Sound Governance and Finances

ISSUE
The $1.6 Billion IH 635 East Project will include temporary traffic signal installation and reconstruction of permanent traffic signals. Additionally, this project will temporarily affect the traffic signal maintenance agreement with TxDOT and require the retiming of traffic signals in the broader corridor as traffic diverts based on construction activity. This agreement details how TxDOT will reimburse the City of Garland for these costs up to $636,562.
RECOMMENDATION
Authorize the City Manager to sign the agreement with TxDOT. Unless otherwise directed by Council, this item will be scheduled for formal consideration at the March 17, 2020 Regular Meeting.
BACKGROUND
The $1.6 Billion IH 635 East Project includes the signalized intersections with LaPrada Drive, Centerville Road, Northwest Highway, Shiloh Road, SH 78 (Garland Ave), Jupiter Road, and Kingsley Road in Garland. Also included is the Shiloh Road/Cinemark Driveway traffic signal. At locations where traffic signals are currently present, temporary signals will be installed during construction and all locations will have permanent traffic signals installed as part of the project. The City of Garland maintains these traffic signals under an ongoing maintenance reimbursement contract with TxDOT. The City of Garland purchases items such as cabinets, controllers, battery backup units, and street names directly with our own specifications so that they are consistent with our city, familiar to our crews and are serviceable by our personnel 24/7/365 using parts that we stock. The traffic signal equipment is also able to be monitored and controlled by our centralized traffic signal system. For these reasons, it is common for TxDOT to allow cities to provide equipment per their own specifications on TxDOT projects and to reimburse the city for these items. The City of Garland has entered into this type of arrangement before and, in fact, is currently working under this arrangement on other TxDOT projects within Garland at this time. This agreement covers both temporary traffic signal installation and reconstruction of permanent traffic signals including providing communication to our system. This project will temporarily suspend our requirement for maintenance of the traffic signals along IH 635 as the contractor will be responsible for all maintenance of these signals once they impact these signals through the end of the project. This will include any malfunctions or crashes that impact these traffic signals. This will however suspend the reimbursement that we currently receive from TxDOT for the maintenance of these traffic signals during this time. It is also expected that there will be traffic diversions and changing traffic patterns in the vicinity of IH 635 as a result of the construction both as a result of temporary closures and local travelers changing their travel patterns to avoid the project. TxDOT has also agreed to reimburse the City of Garland for the effort required to adjust traffic signal timing not only directly within the IH 635 corridor but also to parallel roadways. This agreement details how TxDOT will reimburse the City of Garland for these costs up to $636,562.
CONSIDERATION
TxDOT will reimburse us for the costs of new traffic equipment at the traffic signals along IH 635 resulting in no cost to the City of Garland. TxDOT will reimburse the City of Garland for traffic signal timing adjustments through the duration of the project. The LBJ contractor will be responsible for the maintenance of the traffic signals for the duration of the project. The City of Garland maintenance reimbursement from TxDOT for these traffic signals will be suspended for the duration of the project. The City of Garland will not be responsible for maintenance of the traffic signals for the duration of the project.

GARLAND
POLICY REPORT


City Council Work Session Agenda		Work Session Item 3.e.
Meeting Date:	03/02/2020
Item Title:	Use of Narcotic Seizure Funding for Rifle Replacement Program
Submitted By:	Jeffrey Bryan, Chief of Police
Strategic Focus Areas:	Safe Community

ISSUE
Pursuant to Texas Code of Criminal Procedure, Article 59.06, the governing body must authorize the use of narcotic seizure funds. The Police Department is requesting that Council authorize the use of narcotic seizure funds in the amount of $35,000 to replace 33 patrol rifles. Changes made to the narcotic seizure fund will be reflected in the upcoming Budget Amendment.
OPTIONS
Approve the use of narcotic seizure funding for the replacement of rifles. Do not approve the use of narcotic seizure funding for replacement of rifles.
RECOMMENDATION
Unless otherwise directed by Council, this item is included for formal consideration at the March 17, 2020 Regular Meeting.
BACKGROUND
State and federal restrictions apply to permissible use of narcotics seizure funds. According to the Department of Justice, sharing must be used to increase or supplement the resources of the receiving agency. Shared resources shall not be used to replace or supplant the resources of the recipient. Texas Code of Criminal Procedure, Article 59.06 states a governing body of a municipality may not use the existence of an award to offset or decrease total salaries, expenses and allowances that the agency receives from the governing body at or after the time the proceeds are awarded. Proceeds awarded under this chapter to a law enforcement agency may be spent by the agency after a budget for the expenditure of the proceeds has been submitted to the governing body of the municipality. The budget must be detailed and define the categories of expenditures.
CONSIDERATION
Pursuant to Texas Code of Criminal Procedure, Article 59.06, the governing body must authorize the use of narcotic seizure funds.


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:



					The City Council will adjourn into executive session pursuant to Section 551.071 of the Texas Government Code to deliberate or discuss pending or 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 in regard to the North Texas Municipal Water District rate case and related matters.

7.					Adjourn