Agenda

AGENDA

CITY COUNCIL WORK SESSION
City of Garland

REMOTE MEETING

Monday, October 12, 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: Due to the COVID-19 emergency, and pursuant to Section 551.125 of the Texas Government Code and the executive orders of Governor Greg Abbott suspending provisions of the Texas Government Code and other applicable laws of the State regarding normal open meetings, the City Council will hold this meeting by internet/telephonic remote means.

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

https://garlandtx.zoom.us/webinar/register/WN_pVBT1TKlRreQpVw8i8PoBw

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

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

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

The Meeting ID is: 928 0847 8416

For participants (online and by phone) who wish to speak, a public comments period is provided as the first item on the agenda. If you desire to address the City Council on a matter that is posted on this agenda, please be prepared to do so at the beginning of the meeting. After the City Council has begun its discussion of the agenda, you will not be recognized to speak. The public comments portion of the meeting is provided for citizen comments. You are invited to offer a comment or make a statement on any item on the agenda. However, please bear in mind that offering comments should not be done in the form of posing questions. Generally, due to legal restrictions, the City Council is not able to answer questions during the public comments portion of the agenda. Your comments must relate to an item on this agenda - non-germane comments are not in order.

If an Executive Session is included as part of the agenda for this meeting, the Executive Session will be conducted by teleconference between and among the members of the City Council and relevant City staff. Public access to that call is prohibited by State law.

COUNCIL HOUSE RULES

1. Decisions based on issues, goals and vision.	9. Follow goals, principles and action agenda.
2. Do not take things personal.	10. Decide, vote and move on.
3. Project a positive attitude.	11. Avoid ambushes - Council or staff.
4. Focus on issues, not on the person.	12. Talk to staff before meetings.
5. Be prepared to discuss issues.	13. Vote our convictions, but be willing to compromise "What is best for Garland."
6. Maintain decorum.	14. Follow Roberts Rules of Order consistently.
7. Keep your sense of humor.	15. Agree to disagree.
8. Honor and respect each other; accept each other as individuals.	16. Be open and honest.

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.	Agreement for the Adjustment of Municipal Utilities No. 1 with TxDOT for IH-635 LBJ East Project Council is requested to authorize the City Manager to execute an Agreement for Adjustment of Municipal Utilities No. 1 with TxDOT for the relocation and betterment of City water and wastewater facilities within and outside of the IH-635 LBJ corridor. Unless otherwise directed by Council, this item will be scheduled for formal consideration at the October 20, 2020 Regular Meeting.

	b.	2021 Scheduling of Council Dates Council is requested to review and discuss, if needed, changes to the City Council meeting dates for 2021 as presented in the attached schedule.

	c.	Updated Interlocal Agreement with GISD for Point of Dispensing Operations Council is requested to approve an Interlocal Agreement with GISD that will allow for the use of any GISD facility during emergencies or disasters requiring Point of Dispensing sites for medical countermeasures or commodities depending on the situation and availability of each facility. This item is scheduled for formal consideration at the October 13, 2020 Regular Meeting.

	d.	KCS Railroad Crossing Pavement Repair Resolution for N. First Street Council is requested to approve a resolution in which KCS agrees to allow the City to pave this area with reinforced concrete pavement, while acknowledging their continued rights, title and interest to and upon this spur crossing and retaining their ability to reinstall crossing facilities in the future. Unless otherwise directed by Council, this item will be scheduled for formal consideration at the October 20, 2020 Regular Meeting.

4.		Verbal Briefings:

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

	b.	Update on CARES Act Funding At the June 2, 2020 Regular Meeting, Council authorized the City Manager to execute an interlocal agreement related to the Dallas County CARES Act funding. This agreement provided the City with approximately $13.2 million in Coronavirus Relief Funds to be used by the City in responding to the COVID-19 public health emergency. Since this time, the City has established various programs that include a Small Business Assistance Program, Residential Assistance Program, and a Residential COVID-19 Testing Program. In addition, the City has used a portion of the funds to cover the internal cost incurred during the COVID-19 public health emergency. Staff will provide an update to the City Council on the status of these various programs and expenditures.

	c.	LED Streetlight Conversion Project Update Staff will update Council on the GP&L LED Street Light Conversion Project. This will include an updated timeline for the remainder of the project and update of the budget associated with project.

	d.	Aquatics Master Plan This item is to provide Council the final draft of the Aquatics Master Plan. City staff and the consultant team of Brandstetter Carroll, Inc. worked together to evaluate existing facilities and programs and engaged over 4500 residents and patrons through surveys and various public engagement events. The Aquatics Master Plan provides a detailed evaluation of existing facilities and program offerings and provides recommendations on how to improve upon and enhance those offerings to better serve Garland residents. The final plan consolidated all of the analyses and feedback received into an actionable document that identifies recommendations and priorities for implementation for the 2019 Bond Program and future allocation of resources. Unless otherwise directed by Council, this item will be scheduled for formal consideration at the October 20, 2020 Regular Meeting.

	e.	Filling Council Vacancy Toward the end of the September 15, 2020 Regular Meeting, Council Member David Gibbons announced that he was accepting the position of executive director of the Garland Housing Finance Corporation and thus tendered his resignation from his position as the representative of District 1. Because the City Council appoints the membership of the GHFC board, Mr. Gibbons is unable to continue in a hold-over capacity and, therefore, a true vacancy exists in the council position - one that will ultimately be filled by special election. The City Attorney will brief the Council on the applicable law and allowable alternatives.

5.		Discuss Appointments to Boards and Commissions

		Council Member Deborah Morris Herman Puckett - Board of Adjustment Kymberlaine Banks - Community Multicultural Commission Jocelyne Garcia - Cultural Arts Commission John Ball - Environmental and Community Advisory Board Michael Degen - Library Board Jonathan Ferguson - Parks and Recreation Board Julius Jenkins - Plan Commission John Spencer - Property Standards Board Manuel Ojeda - Senior Citizens Advisory Board Daniel Montenegro - Tax Increment Finance District - Downtown Bob Duckworth - Tax Increment Finance #3 - Medical District Darryl Quigley - Tax Increment Finance - South Dwight Nichols - Unified Building Standards Commission

		Mayor Pro Tem Robert Vera Mindy Le - Community Multicultural Commission

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.		Adjourn

GARLAND
POLICY REPORT


City Council Work Session Agenda		Work Session Item 3.a.
Meeting Date:	10/12/2020
Item Title:	Agreement for the Adjustment of Municipal Utilities with TxDOT for IH-635 LBJ East Project
Submitted By:	Michael Polocek, Engineering Director
Strategic Focus Areas:	Well-Maintained City Infrastructure Safe Community Reliable, Cost Efficient Utility Services

ISSUE
Consider whether to enter into an Agreement for Adjustment of Municipal Utilities with the Texas Department of Transportation (TxDOT) for the relocation and betterment of existing City of Garland water and wastewater facilities within and outside of the IH-635 LBJ East Project.
OPTIONS
Authorize the City Manager to execute an Agreement for Adjustment of Municipal Utilities with TxDOT for the relocation and betterment of City water and wastewater facilities within and outside of the IH-635 LBJ corridor. Take no action.
RECOMMENDATION
Option A. Should the Council agree, staff will prepare a Resolution authorizing the City Manager to execute the Agreement for Adjustment of Municipal Utilities with TxDOTfor the October 20, 2020 Council Meeting.
BACKGROUND
TxDOT contracted with Pegasus Link Construction (PLC) for the Design-Build Construction project for the IH-635 LBJ East Project from Greenville Ave. to IH-30 Interchange. Within the limits of construction, the City of Garland owns and operates various water and wastewater facilities that require relocation prior to PLC constructing the new frontage roads and drainage improvements. The cost of the necessary relocations is part of TxDOT’s contract but requires an Agreement for Adjustment of Municipal Utilities with TxDOT. In addition, any betterments (i.e. larger pipe size, additional replacements within and outside the TxDOT corridor not necessary to construct the project, etc…) the City wishes to include are subject to the City’s expense and also requires an Agreement for Adjustment of Municipal Utilities with TxDOT. The City has negotiated a price of $1,463,047.27 with PLC for the City’s utility betterments it prefers PLC to perform with the relocations necessary to construct the IH-635 LBJ East Project. Therefore, the City’s commitment of funds will be: City’s Utility Betterments Cost $1,463,047.27 Optional Construction Contingency $ 219,457.00 Total $1,682,507.27
CONSIDERATION
Staff seeks the Council's concurrence to enter into an Agreement for Adjustment of Municipal Utilities with TxDOT for the necessary adjustments as well as the proposed water and wastewater utility betterments for an amount of $1,463,047.27 and optional construction contingency in the amount of $219,457.00. The Agreement for Adjustment of Municipal Utilities has been reviewed by the City Attorney’s Office.

Attachments
TxDOT Agreement
Location Map

GARLAND
POLICY REPORT


City Council Work Session Agenda		Work Session Item 3.c.
Meeting Date:	10/12/2020
Item Title:	Updated Interlocal Agreement with GISD for Point of Dispensing Operations
Submitted By:	Mistie Gardner, Emergency Management Director
Strategic Focus Areas:	Safe Community

ISSUE
As part of normal planning efforts, in August, staff brought an agreement before Council related to the use of the Gilbreath-Reed Career and Technology Center during an emergency requiring Point of Dispensing (POD) sites for medical countermeasures or commodities. In an effort to allow for more flexibility both for GISD and the City, the original Interlocal Agreement (ILA) presented in August has changed to allow for the use of any GISD facility depending on the situation and availability of each facility. Therefore, we are requesting Council's consideration in approving an updated resolution to allow the City Manager to execute the new ILA for utilization of any GISD facility during an emergency requiring POD activation. As with the original ILA, City staff would be responsible for the setup; staffing; obtainment of commodities, medications or supplies; security; demobilization and cleanup of the site should activation be required. The resolution is scheduled for consideration of approval on Tuesday, October 13, 2020. Approving the resolution to allow the execution of the ILA will assist the City with acquiring an adequate facility from which to manage a POD should mass dispensing be necessary in response to an emergency or disaster.
OPTIONS
Council has the option to approve or reject the request to allow the City Manager to execute the updated ILA with GISD. Approving the resolution to allow the execution of the updated ILA will assist the City of Garland with acquiring an adequate facility from which to manage a POD site should mass dispensing of medication or commodities be necessary in response to an emergency or disaster. The updated ILA provides for the flexibility for GISD to allow use of any of their facilities depending on the availability and specific circumstances related to the emergency, rather than just the one option allowed in the original ILA presented in August.
RECOMMENDATION
Council is requested to authorize the City Manager to sign the updated agreement with GISD for use of any of the GISD facilities during emergencies or disasters. This item is scheduled for formal consideration at the October 13, 2020 Regular Meeting.
BACKGROUND
In the prior agreement signed in August, the school district recommended the utilization of the Gilbreath-Reed Career and Technical Center as the best option for use by the City as a potential Point of Dispensing site. However, after further consideration, the district requested a change to the ILA to allow for all of the district's facilities to be considered options in the agreement, which provides the most flexibility for the district and the City during a disaster response. The updated agreement allows for the City to utilize any of the district's facilities, with their approval, based on the unique circumstances of an emergency or disaster.

Attachments
Interlocal Agreement with GISD
Resolution

GARLAND
POLICY REPORT


City Council Work Session Agenda		Work Session Item 3.d.
Meeting Date:	10/12/2020
Item Title:	KCS Railroad Crossing Pavement Repair Resolution for N. First Street
Submitted By:	Steve Oliver, Streets Director
Strategic Focus Areas:	Well-Maintained City Infrastructure

ISSUE
The existing asphalt pavement that was placed at the railroad spur crossing right-of-way on N. First Street north of Castle Drive has deteriorated. That pavement needs to be removed and replaced with reinforced concrete pavement. The existing crossing, which belongs to the Kansas City Southern Railway Company (KCS), is inactive and the railroad track was removed several years ago.
OPTIONS
The City Council has two options: Approve the attached resolution, in which KCS agrees to allow the City to pave this area with reinforced concrete pavement, while acknowledging their continued rights, title and interest to and upon this spur crossing and retaining their ability to reinstall crossing facilities in the future. Do nothing 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 KCS's continued rights, title, and interest to and upon that certain spur railroad crossing on N. First Street north of Castle Drive and granting them permission to reinstall the crossing facilities in the future at the request and sole cost and expense of KCS. Unless otherwise directed by Council, this item will be scheduled for formal consideration at the October 20, 2020 Regular Meeting.
BACKGROUND
The existing railroad spur line crossing on N. First Street north of Castle Drive was removed several years ago because it was no longer active. At that time, Street Department crews replaced the old crossing material with asphalt pavement after the rails had been removed, providing a better travel surface at that location. The pavement in the crossing right-of-way has deteriorated and is now in need of replacement. Staff determined that the property owner(s) on the west side of N. First Street neither need nor want rail service; therefore, no rail crossing is needed at this location. Staff contacted KCS to obtain approval to remove the existing asphaltic material and replace it with reinforced concrete pavement. KCS will allow this construction to occur in their right-of-way provided the City of Garland passes a resolution acknowledging that KCS has not abandoned its rights to the crossing and that KCS can reinstall the crossing facilities 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 arterial concrete repair contractor, XIT Construction, replace the pavement in the railroad right-of-way in early 2021 as part of a concrete repair project on First Street between SH 78 and Buckingham Road.

Attachments
Resolution - First Street RR Crossing