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 18, 2019
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.

Regular Item: These items generally require discussion between the Council and staff, boards, commissions, or consultants. These items are often accompanied by a formal presentation followed by discussion.

[Public comment will not be accepted during Work Session
unless Council determines otherwise.]

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.		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.

2.		Written Briefing(s):

	a.	Abandonment of a Utility Easement containing City of Garland wastewater main in Sunnyvale and the acceptance of new Utility Easements. Consider the abandonment of a Utility Easement containing City of Garland wastewater main in Sunnyvale and the acceptance of new Utility Easements.

	b.	Authorize the City Mananger to enter into an Interlocal Agreement with the North Texas Toll Authority Consider whether to enter into an Interlocal Agreement (ILA) with the North Texas Tollway Authority (NTTA) allowing the City to construct, own and maintain hike and bike trails crossing the NTTA right-of-way in three (3) separate locations and dedicate four (4) parcels of extraneous right-of-way to the City of Garland. Unless otherwise directed by Council a Resoution will be presented for adoption at the April 2, 2019 Regular Session.

	c.	Juvenile Curfew Ordinance. Section 370.002 of the Texas Local Government Code requires that after a city adopts a juvenile curfew ordinance, the city must review and re-adopt the ordinance every three years. Unless otherwise directed by Council this item will be scheduled for formal consideration at the April 2, 2019 Regular Meeting.

3.		Verbal Briefing(s):

	a.	Staff will provide an update to Council on the Western Union Speedway payment site. At the request of Mayor Dodson and City Council member Robert Smith, Kevin Slay and Corey Worsham will provide an update concerning recent changes to the Western Union Speedway credit card utility payment site.

	b.	Public Report concerning the Wynn Joyce Power Outage of October, 2018 At the request of Council Member Nickerson and Mayor Dodson, staff will provide a discussion of the incidents surrounding the Wynn Joyce Power Outage which occurred as the result of severe weather during a storm in October of 2018.

	c.	Staff will provide a briefing to Council on the development of a July 4 event At the October 1, 2018 City Council Work Session, Council provided staff direction to develop a July 4 special event. Staff will brief Council on proposed July 4 event in Audubon Park.

	d.	Review of Proposal Schedule and process for development of 2019-2020 CDBG, HOME and ESG Budgets Information regarding applications, funding history, and available funds for the Community Development Block Grant (CDBG), HOME Infill Partnership Grant (HOME) and Emergency Solutions Grant (ESG) budgets are provided for Council’s information and review.

	e.	Update on negotiations with D.R. Horton regarding Cypress Cove tract

4.		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.

5.		Adjourn

GARLAND POLICY REPORT

City Council Work Session Agenda		Work Session Item 2.a.
Meeting Date:	03/18/2019
Item Title:	Abandonment of Utility Easement for Garland Wastewater Main in Sunnyvale
Submitted By:	Michael Polocek, Engineering Director
Strategic Focus Areas:	Well-Maintained City Infrastructure Reliable, Cost Efficient Utility Services Sound Governance and Finances

ISSUE
Consider the abandonment of a Utility Easement containing City of Garland wastewater main in Sunnyvale and the acceptance of new Utility Easements.
OPTIONS
Abandon the easement and accept the new Utility Easements. Take no action.
RECOMMENDATION
Approve Option 1. Unless otherwise directed by the Council, this item will be placed on the April 2, 2019 Regular Session.
BACKGROUND
In 1960, the City acquired a utility easement for a wastewater main from Charles Mayhew, across three tracts of land located between Town East Boulevard and East Fork Road in the Town of Sunnyvale. A portion of the Mayhew property was subsequently sold to Dallas Power & Light (now Oncor Electric). The remainder of the Mayhew property is now owned by TF Stoney Creek, LP (Developer). Two new residential phases of Stoney Creek are currently being proposed by the Developer, near or adjacent to the existing sanitary sewer line. After a detailed survey of the property, the Developer discovered the actual location of the wastewater main does not coincide with the legal description of the original Utility Easement. The Developer is requesting abandonment of the existing Utility Easement and the dedication, by them, of a new easements that would be centered on the existing wastewater main. This will provide the Developer better use of the property for their development and correct any discrepancies with the Utility Easement and the actual location of the wastewater main. Oncor Electric has also agreed to dedicate a new easement to contain the existing wastewater main. The Engineering Department recommends abandoning the existing Utility Easement to the current property owners, TF Stoney Creek, LP, and Oncor Electric, in exchange for the dedication of new City Utility Easements. Council action is required to abandon the easement.
CONSIDERATION
The existing utility easement does not cover or embrace all of the existing wastewater main. Abandoning the easement and dedicating a new easements would protect the City’s rights in and to the existing wastewater main for maintenance and City utility services. The abandonment and rededication of a new Utility Easements would also allow proposed improvements being constructed by the developer to be more accurately located within the development. The abandonment would allow the developer to construct single-family homes and better utilize the property.

Attachments
Attachment A - New Easement
Attachment B - Existing Easement
Attachment C - Easement Dedication

GARLAND POLICY REPORT

City Council Work Session Agenda		Work Session Item 2.b.
Meeting Date:	03/18/2019
Item Title:	Interlocal Agreement with the North Texas Tollway Authority for Hike/Bike Trail Crossings
Submitted By:	Michael Polocek, Engineering Director
Strategic Focus Areas:	Enhanced Quality of Life through Amenities, Arts, and Events Vibrant Neighborhoods and Commercial Centers

ISSUE
Consider whether to enter into an Interlocal Agreement (ILA) with the North Texas Tollway Authority (NTTA) allowing the City to construct, own and maintain hike and bike trails crossing the NTTA right-of-way in three (3) separate locations and dedicate four (4) parcels of extraneous right-of-way to the City of Garland.
OPTIONS
Adopt a Resolution authorizing the City Manager to execute the attached Interlocal Agreement with the North Texas Tollway Authority. Take no action.
RECOMMENDATION
Option A – Authorize the City Manager to execute an ILA with the NTTA. Unless otherwise directed by Council, this item will be scheduled for formal consideration at the April 2, 2019 Regular Meeting.
BACKGROUND
The City of Garland proposes the construction of a new hike and bike trail as part of the Pleasant Valley Road Bridge project. The trail will extend from Pleasant Valley Road, north, approximately 4,500 and connect to Bunker Hill Road until future extension of the trial can be made to Ben Davis Road and further north. The proposed trail will cross under NTTA’s President George Bush Turnpike (PGBT). NTTA requires the City to enter into an ILA as part of permitting the City to cross their right-of-way. In addition, the City has schematic plans to cross the NTTA right-of-way at two additional locations at Brand Road and Zion Road. The ILA identifies the City being the owner and operator as well as having maintenance responsibilities for all trail improvements at these three (3) locations. The ILA includes NTTA’s requirements for proper review of all plans impacting their ROW at the time of design for the crossings. The NTTA purchased parcels of land for the construction of the PGBT. Those parcels are no longer needed for the NTTA to properly maintain their infrastructure. As part of this ILA, the NTTA is including the deed dedication of these extraneous parcels of land to the City at no cost. The parcels included are NTTA Surplus Parcels 32-5, 32-6, 32-16 and 32-18. In particular, Parcel 32-18 is the ROW for Zion Road as it was rerouted to connect to the IH-30 frontage road on the east side of the PGBT. The City is still in the process of developing a master trail network for the entire City. While final recommendations and alignments for the entire City are not yet identified, all impacted staff and departments support the location and construction of the three (3) trail crossings in these particular instances.
CONSIDERATION
Council action is required to authorize the City Manager to execute the ILA. The ILA has been reviewed by Garland's Attorney's Office and Parks Department.

Attachments
Location Map A
Location Map B
Location Map C
ILA with NTTA for Hike/Bile Trail

GARLAND POLICY REPORT

City Council Work Session Agenda		Work Session Item 2.c.
Meeting Date:	03/18/2019
Item Title:	Review of Juvenile Curfew Ordinance
Submitted By:	Jeffrey Bryan, Chief of Police
Strategic Focus Areas:	Safe Community

ISSUE
Section 370.002 of the Texas Local Government Code requires that after a city adopts a juvenile curfew ordinance, the city must review and re-adopt the ordinance every three years. The statute requires: 1. Review the ordinance or order’s effects on the community and on problems the ordinance or order was intended to remedy; 2. Conduct public hearings on the need to continue the ordinance or order; and 3. Abolish, continue or modify the ordinance or order The purpose of the curfew ordinance is to assist law enforcement personnel in controlling juvenile crime.
OPTIONS
1. Re-adopt the Juvenile Curfew Ordinance. 2. Do not re-adopt the Juvenile Curfew Ordinance.
RECOMMENDATION
Staff recommends that Council re-adopt the Juvenile Curfew Ordinance (26.10) for another three years as part of a continued effort to control juvenile crime. The continuation of the ordinance will promote the safety and welfare of the City’s residents, help reduce and prevent crime, and enhance the efforts of the police department to prosecute juvenile crime. Unless otherwise directed by Council, this item will be scheduled for formal consideration at the April 2, 2019 Regular Meeting.
BACKGROUND
The City of Garland adopted the Juvenile Curfew Ordinance in 1994 and enforcement began in January of 1995. Since inception, this ordinance has assisted in the active prosecution and arrest of juvenile offenders. State law defines a juvenile as a person under the age of 17 (or those persons who are 16 years of age or younger). The curfew hours for juveniles are: • 11:00 p.m. through 6:00 a.m., Monday through Thursday; and • 12:01 a.m. through 6:00 a.m., Saturday and Sunday. Officers must ensure that the juvenile does not have a defense to prosecution before enforcement is taken and parents may be issued a citation for allowing a juvenile to violate the ordinance. Business owners and operators may be cited for allowing juveniles to remain on premises during curfew hours. If a violation is observed, the juvenile may be: • Warned • Sent home • Taken home • Issued a citation, or • Taken into custody A complete copy of the Juvenile Curfew Ordinance is attached for review.
CONSIDERATION
Juvenile crime continues to be a concern and it would be detrimental to the apprehension and prosecution of juvenile offenders if the ordinance was not re-adopted. The ordinance serves as a valuable tool in a continued effort to combat juvenile crime and protect victims of juvenile crime.

Attachments
Juvenile Curfew Ordinance. Section 26.10

GARLAND POLICY REPORT

City Council Work Session Agenda		Work Session Item 3.d.
Meeting Date:	03/18/2019
Item Title:	2019-2020 CDBG, HOME and ESG Allocation
Submitted By:	Mona Woodard, Neighborhood Services Administrator
Strategic Focus Areas:	Enhanced Quality of Life through Amenities, Arts, and Events Vibrant Neighborhoods and Commercial Centers

ISSUE
Information regarding applications, funding history, and available funds for the Community Development Block Grant (CDBG), HOME Infill Partnership Grant (HOME) and Emergency Solutions Grant (ESG) budgets are provided for Council’s information and review.
RECOMMENDATION
A public hearing will be held on March 19, 2019, during the regular City Council meeting on this item. This item will be brought back before Council on April 1, 2019, Work Session for discussion of CDBG, HOME, and ESG grant proposals. Final discussion on this item is scheduled for April 16, 2019.
BACKGROUND
The City expects to receive the following funding from the Department of Housing and Urban Development for 2019-2020: CDBG: $2,127,843 HOME: $748,755 ESG: $168,535 The proposed budget for fiscal year 2019/2020 must be submitted to the Department of Housing and Urban Development by August 15, 2019, for all federal grant allocations. To this point, there have been 2 input meetings to solicit feedback on the proposed use of grant funding.
CONSIDERATION
Staff received CDBG applications requesting a total of $540,239 for public services, $5,088,855 for City-sponsored projects, and $455,568 for administrative use for next fiscal year. There is an estimated total of $249,756 available in CDBG funding for reprogramming to other projects. HUD regulations limit CDBG monies used for grant planning and administration to no more than 20% of the entitlement funding available and public services applications to a maximum of 15% of entitlement funding. Funds available in the public service category total $319,176, grant administration totals $425,568, and City sponsored projects total $1,632,855. HOME entitlement funding available totals $748,755 and requests equal that amount. HUD regulations allow up to 10% of grant funding to be used for administration and 15% of grant funding must be used by Community Housing Development Organizations. The balance of this funding will be used for City-sponsored housing programs. Total funds available for the ESG program is $168,535. Housing and Community Services Department will use the maximum allowed funding for administration ($12,640) and data collection ($9,283). Other categories include Shelter Operations ($54,009), Homeless Prevention ($50,633) and Rapid Re-housing ($41,970). The Department received requests in the amount of $191,558.

Attachments
2019-2020 Federal Grants Workbook