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, October 18, 2021
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.

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

https://garlandtx.zoom.us/webinar/register/WN_0H3SQeXRTKyomnUS4AV-7A

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: 825 9031 3848

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.	Development Agreement with Draper Garland, LLC for Draper Garland Subdivision Council is requested to consider authorizing the City Manager to execute a development agreement between the City of Garland and The Draper Garland, LLC for the development of a certain 4.646 acre tract of land located on South Garland Avenue and Rodando Drive, between Wilson Street and Avenue B, pursuant to Planned Development Ordinance No. 7209. Unless otherwise directed by Council, this item will be scheduled for formal consideration at the November 9, 2021 Regular Meeting.

	b.	Rick Oden Park Signage Council is requested to confirm staff direction on the naming of the new facilities in Rick Oden Park, which include the baseball field, the entry plaza for the baseball field and the skatepark. Unless otherwise directed by Council to do otherwise the baseball field will be named Marion D. Williams, IV, the entry plaza will be named Rick Oden Park and the skate park will be named Garland Skate Park.

	c.	Use of Narcotic Seizure Funding for Police Rifle Plates Council is requested to approve the use of narcotic seizure funds for the purchase of 270 lightweight hard armor rifle plates in the amount of $71,280. Unless otherwise directed by Council, this item will be scheduled for formal consideration at the November 9, 2021 Regular Meeting.

	d.	Annual Review and Affirmation of Investment Strategy and Policy To meet the requirements of the Public Funds Investment Act, Council is requested to approve the City Council Investment Strategy and Policy with no changes. This item will be scheduled for formal consideration at the October 19, 2021 Regular Meeting.

	e.	Vision Energy Consultants, Inc. Agreement Council is requested to consider a revised agreement with Vision Energy Consultants, Inc. whose president is Ray Schwertner. This is a one-year agreement for governmental affairs consulting services. This item will be scheduled for formal approval at the October 19, 2021 Regular Meeting.

4.		Verbal Briefings:

	a.	DART Update Council will be updated on DART's services, activities, programs and projects within Garland by DART Board Representative Jonathan Kelly.

	b.	COVID-19 Briefing 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.

	c.	Redistricting Council is requested to review the draft options of the City Council redistricting boundaries. Unless otherwise directed by Council, this item will be scheduled for formal consideration at the November 9, 2021 Regular City Council Meeting.

	d.	Consider Garland Cultural Arts Commission Inc. Hotel Occupancy Tax Revenue Budget, Sub-grant Recipients and Hotel Occupancy Tax Program Management Agreement Council is requested to approve the 2021-2022 budget of the Garland Cultural Arts Commission, Inc. (GCACI), sub-grant recipients and authorize the City Manager's execution of the "Hotel Occupancy Tax Program Management Agreement" between the City of Garland and the GCACI that would include $155,230 in revenues, which support cultural arts in Garland. This item is scheduled for formal consideration at the October 19, 2021 Regular Meeting.

	e.	Water Meter Key Distribution Program Staff will provide an update to Council regarding the Water Meter Key Distribution Program as discussed by Council after the February winter storm.

	f.	2022 Scheduling of Council Meetings Council is requested to review and discuss, if needed, changes to the City Council meeting dates for 2022 as presented in the attached schedule. The final calendar will be brought back for formal adoption at the November 9, 2021 Regular Meeting.

	g.	American Rescue Plan Act (ARPA) Project List and Funding Discussion - Final Direction from Council Council will give final direction on the proposed American Rescue Plan Act (ARPA) project list. This item is scheduled for formal consideration at the October 19, 2021 Regular Meeting.

	h.	Use of Video Technology for Remote Attendance by Council Members At the request of Council Member Rich Aubin and Mayor Scott LeMay, staff has been asked to brief Council on the requirements and the feasibility of Council Members participating by video technology in Work Session and Regular Meetings held in person.

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.a.
Meeting Date:	10/18/2021
Item Title:	Development Agreement with Draper Garland, LLC for Draper Garland Subdivision
Submitted By:	Michael Polocek, Engineering Director
Strategic Focus Areas:	Growing Economic Base Commercially Thriving Downtown Well-Maintained City Infrastructure Vibrant Neighborhoods and Commercial Centers

ISSUE
Council is requested to consider authorizing the City Manager to execute a development agreement between the City of Garland and The Draper Garland, LLC for the development of a certain 4.646 acre tract of land located on South Garland Avenue and Rodando Drive, between Wilson Street and Avenue B, pursuant to Planned Development Ordinance No. 7209.
OPTIONS
Council may follow staff’s recommendation for authorizing execution of the agreement with the aforementioned Developer; Return the item to staff for further review and discussion; or Do not authorize the execution of the agreement with the Developer.
RECOMMENDATION
Unless otherwise directed by Council, this item will be scheduled for formal consideration at the November 9, 2021 Regular Meeting.
BACKGROUND
On February 22, 2021, the City Council passed Ordinance No. 7209, whereby the Garland Development Code was amended by approval of 1) an Amendment to Planned Development District 14-23 for Downtown District Uses and Mixed uses; 2) a Specific Use Provision to allow a Drive Through Service; and 3) a Detail Plan for Downtown District Uses and Mixed Uses on a 4.646 acre tract of land, located on South Garland Avenue and Rodando Drive, between Wilson Street and Avenue B. This development is defined by 155 multifamily units on one lot, 30 multifamily units, retail, and commercial on the second lot (currently Chase Bank building), and green/open-space with pedestrian amenities. The Developer approached the City requesting to abandon five utility easements to optimize the lot layout and create a more efficient use of the land. The City and Developer negotiated the attached Development Agreement establishing commitments of both parties for a successful development. In the attached agreement, the Developer agrees, at his expense, to remove and relocate any and all utilities in the existing utility easements, including active 6, 8 and 10-inch sanitary sewer lines, and dedicate new utility easements on the subdivision plat, as a condition of the City granting the abandonments. The City agrees to abandon five utility easements to facilitate the proposed development. The abandonment would allow for a more efficient use and layout of the proposed subdivision for multifamily, retail, commercial, and a green/open space area as provided for in Ordinance No. 7209.
CONSIDERATION
Council action is required to authorize the City Manager to execute the Development Agreement with The Draper Garland, LLC. The Development Agreement has been reviewed by the City Attorney’s Office.

Attachments
Development Agreement
Location Map

GARLAND
POLICY REPORT


City Council Work Session Agenda		Work Session Item 3.c.
Meeting Date:	10/18/2021
Item Title:	Use of Narcotic Seizure Funds for Police Rifle Plates
Submitted By:	Jeffrey Bryan, Chief of Police
Strategic Focus Areas:	Safe Community

ISSUE
Pursuant to the 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 $71,280 for the purchase of 270 lightweight hard armor rifle plates. Unlike stand-alone heavy ballistic protection, these rifle plates are designed to be worn on a daily basis in conjunction with currently issued ballistic vests by uniformed officers. The armor plates are exceptionally lightweight, thin and provide superior protection beyond handgun munitions. The rifle plates will provide officers protection against special threats of specified rifle ammunition along with increased protection in an edged weapon attack. In today’s environment, officers are faced with the increased risks presented by criminals armed with high-powered rifles. These plates will provide officers with a comfortable and increased level of protection against these rifle threats in the course of their daily duties. Changes made to the narcotic seizure fund will be reflected in a future Budget Amendment.
OPTIONS
Approve the use of narcotic seizure funds for lightweight hard armor rifle plates. Do not approve the use of narcotic seizure funds for lightweight hard armor rifle plates.
RECOMMENDATION
Unless otherwise directed by Council, this item is included for formal consideration at the November 9, 2021 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 the Texas Code of Criminal Procedure, Article 59.06, the governing body must authorize the use of narcotic seizure funds.

GARLAND
POLICY REPORT


City Council Work Session Agenda		Work Session Item 3.e.
Meeting Date:	10/18/2021
Item Title:	Vision Energy Consultants, Inc. Agreement with Garland Power & Light
Submitted By:	Darrell Cline, Director of Finance & Accounting
Strategic Focus Areas:	Sound Governance and Finances

ISSUE
Vision Energy Consultants, Inc.’s President, Ray Schwertner, currently provides governmental affairs and management consulting services for Garland Power and Light (GP&L). The City’s agreement with Vision Energy Consultants, Inc. expires this month. GP&L requests City Council approval of a new, one-year agreement with Vision Energy Consultants, Inc. for governmental affairs consulting services.
OPTIONS
Approve the Vision Energy Consultants, Inc. Agreement. Do not approve the Vision Energy Consultants, Inc. Agreement.
RECOMMENDATION
Option (A) – Approve the Vision Energy Consultants, Inc. Agreement. This item will be scheduled for formal consideration at the October 19, 2021 Regular Meeting.
BACKGROUND
Given the events associated with the February winter event, the recent electric industry legislation that was passed by the State Legislature, and the activities before the Public Utility Commission of Texas and ERCOT regarding market design changes, GP&L is requesting that the City Council approve the continuation of governmental affairs consulting services with Vision Energy Consultants, Inc. Ray Schwertner, President of Vision Energy Consultants, Inc., will serve as the provider of the requested services. Mr. Schwertner not only has fifty (50) years of electric industry experience and knowledge, but also has numerous contacts both in the industry as well as in the legislative and regulatory realms. Mr. Schwertner is actively and regularly engaged with state elected officials and Public Utility of Texas Commissioners and has worked with these groups to help protect and promote the City’s and GP&L’s positions and interests. In Vision Energy Consultants, Inc.’s current agreement, Mr. Schwertner has assisted in the pursuit of business development opportunities. For the new agreement, GP&L is proposing to reduce his scope and activities to only governmental affairs consulting. The proposed agreement will be for one-year, at $12,000 per month and have a 30-day early termination provision, with or without cause. Mr. Schwertner will not be able to perform work for others without first notifying GP&L and this work cannot conflict with the City’s or GP&L’s positions or interests.
CONSIDERATION
Staff seeks the City Council’s approval of the proposed Vision Energy Consultants, Inc. Agreement.

Attachments
Vision Energy Consultants, Inc. Agreement

GARLAND
POLICY REPORT


City Council Work Session Agenda		Work Session Item 4.d.
Meeting Date:	10/18/2021
Item Title:	Consider Garland Cultural Arts Commission Inc. Hotel Occupancy Tax Revenue Budget, Sub-grant Recipients and Hotel Occupancy Tax Program Management Agreement
Submitted By:	Andy Hesser, Managing Director
Strategic Focus Areas:	Enhanced Quality of Life through Amenities, Arts, and Events

ISSUE
Staff is seeking Council approval of the 2021-2022 budget of the Garland Cultural Arts Commission, Inc. (GCACI), sub-grant recipients and authorization of the City Manager's execution of the "Hotel Occupancy Tax Program Management Agreement" between the City of Garland and the GCACI.
OPTIONS
Council may follow staff's recommendation to approve the 2021-2022 GCACI budget, the list of sub-grant recipients, and authorize the City's execution of the agreement; Return the item to staff for further review and discussion; Do not approve the 2021-2022 GCACI budget, list of sub-grant recipients, nor authorize execution of the agreement, thereby canceling the $155,230.00 in revenues, which support cultural arts in Garland.
RECOMMENDATION
This item is scheduled for formal consideration at the October 19, 2021 Regular Meeting.
BACKGROUND
In February 1986, the Garland City Council created the nine-member Garland Cultural Arts Commission to serve as a liaison between the City and all community based arts related programs, and historical organizations. The Commission's primary goal is to increase the visibility of the arts and promote an active and diverse arts culture in Garland. In 1987, the Commission created the private non-profit Garland Cultural Arts Commission Inc. (GCACI) to pursue various sources of revenue, contributions and support in order to grow a cultural arts grant program to provide funding assistance to meritorious arts and historical groups. The GCACI administers this grant program, funded primarily through revenues received from Hotel Occupancy Tax funds. Since the program's inception in 1987, grant funds have contributed over $1.9 million towards the advancement of local cultural arts organizations. GCACI's extensive promotional efforts have been the foundation for building Garland's cultural tourism, which attracts thousands of arts patrons from throughout North Texas to Garland's arts facilities and activities. The Cultural Arts staff reviews the applicants to ensure all organizations presented to the GCACI have met requirements for the granting process. The GCACI conducts interviews with each organization requesting funding, and then moves through the process with staff's guidance using a scoring rubric for applicants, followed by open panel discussion, and award granting.
CONSIDERATION
The attached "Hotel Occupancy Tax Program Management Agreement" in the amount of $155,230 provides the GCACI with fifteen percent of the hotel occupancy tax net revenue from Quarter 3 of 2019 thru Quarter 2 of 2020. As a provision of this agreement, the GCACI annually adopts a budget which details the proposed expenditures of the revenues provided by this program. The attached Exhibits A and B are the GCACI budget, and list of GCACI sub-grant recipients approved October 5, 2021, by the GCACI for this 2021-2022 fiscal year.

Attachments
GCACI Budget 2021-2022
GCACI HOT Grant Awardees 2021-2022
2021-2022 GCACI HOT Funds Agreement