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 6, 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 is hereby given that, pursuant to Sections 551.125 and 551.045 of the Texas Government Code, the City Council will hold an emergency telephone or internet meeting on Monday, April 6, 2020, at 6:00 p.m. The meeting will be broadcast by webinar or telephone at the following URL (registration is required): https://zoom.us/webinar/register/WN_xBP_aZGdTd2jCqF5H4_A7g Registration is limited but the meeting will be available to the public by an audible broadcast at City Hall, 200 N. Fifth Street, City Council Chambers, Garland, Texas. The meeting will also be recorded and made available online at www.garlandtx.gov. An urgent public necessity exists requiring immediate action of the City Council due to an imminent threat to public health and safety arising from the COVID-19 pandemic. The City continues to respond to the COVID-19 emergency consistent with Council direction and good health practices.
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.	NCTCOG TA Call for Projects - Duck Creek South Extension Council is requested to consider approving a funding resolution for a federal grant application in support of the development of the Duck Creek South Extension trail project in accordance with the guidelines set forth by the NCTCOG 2020 Transportation Alternatives Call for Projects. This item is scheduled for formal consideration at the April 7, 2020 Regular Meeting.

	b.	Advance Funding Agreement for MGR Bikeway (Duck Creek Trail Connections) Council is requested to consider entering into an Advance Funding Agreement (AFA) with the Texas Department of Transportation (TXDOT) for the construction of the MGR Bikeway (Duck Creek Trail Connections Segments I and II) at Centerville Road/Glenbrook Drive and IH-30/Greenbelt Parkway. This item is scheduled for formal consideration at the April 7, 2020 Regular Meeting.

	c.	External Audit and Comprehensive Annual Financial Report Per the City Charter, the City shall designate a certified public accountant to perform an independent audit of accounts and other financial transactions of the City and submit a report to Council. The City has contracted with Weaver Assurance, Tax, and Advisory Firm to perform the audit for Fiscal Year End 2019 in accordance with Generally Acceptable Auditing Standards (GAAS) and Generally Accepted Government Audit Standards (GAGAS). In addition, Weaver performed the single audit of federal grant awards in accordance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance) and the single audit for state grant awards in accordance with uniform Grant Management Standards. Also, Weaver performed tests of the City's compliance with certain provisions of laws, regulations, contracts and grant agreements, including items such as compliance with the Public Funds Investment Act. Typically, the external auditor provides all required communication to the City Council Audit Committee followed by an overview to the full Council. However, due to the precautionary measures taken for COVID-19 and cancellation of the Audit Committee meetings for the near future, the required communication, reports, and letters are attached for the full Council's review.

	d.	IH 30 Speed Limits Council is requested to enact an ordinance establishing the speed limit on IH 30 as 70 MPH. Unless otherwise directed by Council, this item will be scheduled for formal consideration at the April 21, 2020 Regular Meeting.

4.		Verbal Briefings:

	a.	Downtown Square - Final Design Concept Council is requested to consider approval of Staff's recommended final design concept for the Downtown Square. Unless otherwise directed by Council, Staff will proceed with the detailed design phases of the project.

	b.	Library Master Plan Draft Report The Library Master Plan is in its final phase of development. The consultant team Godfrey’s Associates has analyzed and compiled data gathered from the Library and other City of Garland departments. Recommendations will be made for the physical and operational planning, programming and services offered to the public by Garland’s public library. The plan is presented to Council for review and approval. With Council's direction, the plan will be scheduled for adoption at a future Council meeting. Unless otherwise directed by Council, this item will be scheduled for formal consideration at the April 21, 2020 Regular Meeting.

	c.	COVID-19 Updates Staff will provide Council an update on COVID-19 and related employee matters.

	d.	Financial Impact of COVID-19 Pandemic Staff will present an estimate of the COVID-19 pandemic impact to the 2019-2020 General Fund Budget.

	e.	Consider amending in part Chapter 2, Article 5, Section 2.52, “Special Standards for Certain Uses,” of the Garland Development Code; amending in part Chapter 2, Article 5, Land Use Matrix, of the Garland Development Code; and amending in part Chapter 7, Article 2, Land Use Matrix, of the Garland Development Code, regarding regulations for residential buildings and lots being used for nonresidential purposes and amending certain parking ratios in the Land Use Matrices. The City Council directed the Development Services Committee to review the current GDC regulations related to residential buildings and lots used for nonresidential purposes. The Committee has recommended amendments that include additional regulations. An ordinance, as drafted by the City Attorney's Office and recommended by the Development Services Committee as well as the Plan Commission, is being presented. It is also placed on the April 7, 2020 Regular City Council agenda for formal consideration.

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.

6.		Adjourn

GARLAND
POLICY REPORT


City Council Work Session Agenda		Work Session Item 3.b.
Meeting Date:	04/06/2020
Item Title:	Advance Funding Agreement for MGR Bikeway (Duck Creek Trail Connections)
Submitted By:	Paul Luedtke, Transportation Director
Strategic Focus Areas:	Well-Maintained City Infrastructure Enhanced Quality of Life through Amenities, Arts, and Events Safe Community Vibrant Neighborhoods and Commercial Centers Customer-Focused City Services Future-Focused City Organization

ISSUE

Consider entering into an Advance Funding Agreement (AFA) with the Texas Department of Transportation (TXDOT) for the construction of the MGR Bikeway (Duck Creek Trail Connections Segments I and II) at Centerville Road/Glenbrook Drive and IH-30/Greenbelt Parkway.

RECOMMENDATION

This item is scheduled for formal consideration at the April 7, 2020 Regular Meeting.

BACKGROUND

The City applied for Regional Toll Revenue (RTR) funding for the Mesquite Garland Richardson (MGR) Bikeway/Trail Connectivity Project from TxDOT thru the North Central Texas Council of Governments call for projects in 2008. The project included the construction of the trail connections as well as remarking streets for shared lane use for bikes and also designated bike lanes. The application was successful and the Garland was awarded funding.
The North Central Texas Council of Governments (NCTCOG) and Regional Transportation Council (RTC) agreed to fund an amount of $2,444,000 to the MGR Bikeway/Trail Connectivity Project. The remaining balance would be paid thru a commitment of local funds. The following is the estimated funds for the project by each Agency:

Description	Fiscal Year	Total Estimate Cost	Regional Toll Revenue (RTR) SH 121 Subaccount Funds Participation	Local Government Participation
Engineering (by Local)	2012	$661,798	$661,798	$0
Construction (by Local)	2020	2,393,202	$1,782,202	$611,000
Construction (by Local)	2020	$565,086	$0	$565,086
TOTAL		$3,620,086	$2,444,000	$1,176,086

Local Government (City of Garland and Dallas County via Project Specific Agreement (PSA)) shall be responsible for the required 20% local match. The costs incurred by the Local Government prior to the execution of the AFA will count towards the 20% local match requirement provided such costs are for Regional Transportation Council RTC-approved phases as shown in Attachment A of the AFA.

CONSIDERATION

Council action is required to authorize the City Manager to sign the AFA with TXDOT.
The AFA has been reviewed and approved by the City Attorney’s Office.
This project is on the RTC Milestone Policy list and will lose funding if this project is not begun quickly.
Council approved the City of Garland matching funds in the North-South Bikeway project in the 2020 CIP program.

Attachments
Advance Funding Agreement
MGR Bikeway Location Map

GARLAND
POLICY REPORT


City Council Work Session Agenda		Work Session Item 3.c.
Meeting Date:	04/06/2020
Item Title:	External Audit and Comprehensive Annual Financial Report
Submitted By:	Matt Watson, Finance Director
Strategic Focus Areas:	Sound Governance and Finances

ISSUE
Per the City Charter, the City shall designate a certified public accountant to perform an independent audit of accounts and other financial transactions of the City and submit a report to Council. The City has contracted with Weaver Assurance, Tax, and Advisory Firm to perform the audit for Fiscal Year End 2019 in accordance with Generally Acceptable Auditing Standards (GAAS) and Generally Accepted Government Audit Standards (GAGAS). In addition, Weaver performed the single audit of federal grant awards in accordance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance) and the single audit for state grant awards in accordance with uniform Grant Management Standards. Also, Weaver performed tests of the City's compliance with certain provisions of laws, regulations, contracts and grant agreements, including items such as compliance with the Public Funds Investment Act. Typically, the external auditor provides all required communication to the City Council Audit Committee followed by an overview to the full Council. However, due to the precautionary measures taken for COVID-19 and cancellation of the Audit Committee meetings for the near future, the required communication, reports, and letters are attached for the full Council's review.
BACKGROUND
Weaver's audit process is performed using a risk-based approach that focuses on specific risk such as revenue recognition, capital projects, purchasing, and compliance with bidding procedures, unrecorded liabilities, evaluation of significant estimates, transaction- specific data-mining over purchases and journal entries, and IT controls. In addition, major federal grant programs audited included the Housing Choice Voucher Program, CDBG, and Highway Planning and Construction. Attached to this agenda item is Weavers Single Audit Report, Internal Control Letter, Governance Letter, and a PowerPoint presentation outlining the firms experience, approach, and findings. Also, attached is the Comprehensive Annual Financial Report (CAFR) that will be published on the City website. In addition, a summary of the findings and required communication is provided below. Weaver issued an "unmodified opinion" on the financial statements for FY 2019, as well as the major federal and state financial assistance programs. An unmodified opinion means that the financial statements are presented, in all material respects, in accordance with GAAP. Audit Results for the Financial Statements: No material weakness(es) identified No significant deficiencies that are not material weaknesses identified No noncompliance material to the financial statements identified Audit Results for Federal and State Awards: No material weakness(es) identified 1 Significant deficiency in internal control over compliance that is not a material weakness was found that will be required to be reported under 2 CFR 200.516(a). This finding is related to the Winters Park Greenbelt Project that receives federal funding through TxDot. Based on the construction contract, all laborers and mechanics employed by the contractor on this project must meet the wage rate requirements as defined by the Department of Labor and must submit certified payrolls each week to ensure compliance. Based on the sample taken from Weaver, the certified payrolls for May 2018 and April 2019 were not kept on record. However, starting in May 2019, the City has assigned this responsibility to the Parks Special Project Administrator, and he has insured that certified payrolls are obtained from contractors and are reviewed and stored. In addition, the Parks Special Project Administrator has since coordinated with TxDot to ensure that all required action has been taken by the City to ensure successful completion of this project. New Accounting Principles Implemented The City implemented GASB Statement No. 83, "Certain Asset Retirement Obligations". This statement addresses accounting and financial reporting for certain asset retirement obligations (AROs). An ARO is a legally enforceable liability associated with the retirement of a tangible capital asset. The City operates the Ray Olinger Power Plant. In 2019, the City hired an outside engineering firm to access the environmental obligations and closure requirements in the event of a plant closure. It was determined that the four evaporation ponds and the above ground storage tank at the Olinger Power Plant are considered to be industrial solid waste management units subject to TCEQ closure requirements. The total cost was estimated to be $480,322. Therefore, the City booked a long-term liability of $480,322 to be recognized in the Electric Fund, and a prior year adjustment of $29,518 to comply with this new GASB statement. Other Required Communication from Weaver No difficulties or disagreements arose during the course of the audit. No independence issues noted. Weaver requested certain representation from management that was included in a management representation letter dated March 11, 2020. Weaver performed limited procedures on the Management Discussion and Analysis (MD&A) and Required Supplementary Information (RSI) that is included in the CAFR. Weaver evaluated and determined that management estimates related to allowance for uncollectible receivables, useful live of capital assets, pension, OPEB, post closure landfill, fair value of derivatives and investments, and Insurance Incurred but Not Reported (IBNR) liabilities were reasonable in relation to the financial statements as a whole.
CONSIDERATION
The external audit reports and the CAFR are presented to inform Council on the Fiscal Year End 2019 audit results. Staff will be available to discuss the reports with Council.

Attachments
FY 2019 CAFR
Single Audit Report
Internal Control Letter
Letter to Governance
Weaver Presentation