NOTICE OF MEETING
CITY COUNCIL OF THE CITY OF GALVESTON
THURSDAY - JUNE 23, 2016 - 1:15 P.M.
COUNCIL CHAMBERS - CITY HALL
823 ROSENBERG, GALVESTON, TEXAS
TELEPHONE: (409) 797-3510

REGULAR MEETING AGENDA


1.
DECLARATION OF A QUORUM AND CALL MEETING TO ORDER
2.
ROLL CALL
3.
INVOCATION
Reverend Meredith Holt Crigler, Grace Episcopal Church
4.
PLEDGE OF ALLEGIANCE
  • American Flag
  • Texas Flag - Honor the Texas Flag.  I pledge allegiance to thee, Texas, one state, under God, one, and indivisible.
5.
CONFLICTS OF INTEREST
6.
PRESENTATIONS/REPORTS OF COUNCIL, OFFICER BOARDS, AND CITY MANAGER


6.A.
Pursuant to Texas Government Code Section 551.0415, the City Council may report on any of the following items:
1. Expressions of thanks, gratitude, and condolences

2. Information regarding holiday schedules

3. Recognition of individuals
     
4. Reminders regarding City Council events

5. Reminders regarding community events

6. Health and safety announcements
6.B.
Public notice and briefing on the process for relocation of retail services and obtaining public input for the US Postal Office located at 601 25th Street, Galveston, TX—presented by Joel Roitenberg, US Postal Service.
Documents: USPS Letter.PDF
7.
COMMUNICATIONS AND PETITIONS

Claim # 16-049  Xochitl Gonzales
Claim #16-050  Juan C. Hernandez
Claim #16-051  Galveston Automotive Pros
Claim #16-052  Dan Pugh
Claim #16-053  Harry B. Tull
Claim #16-054  Lidia Polio/Elisa Sanchez
Claim #16-055  Karen Davis
Claim #16-056  Craig Baumgartner
Claim #16-057  Craig Baumgartner
Claim #16-058  Yvonne Falkenhagen
Claim #16-059  Edward Brown
Claim #16-060  Jazzmine Davis

8.
PUBLIC HEARINGS
8.A.
Consider for approval an Ordinance of the City of Galveston, Texas, designating the property located at 4714 Ave Q ½ as a “Galveston Landmark”; property is legally described as “Menard M B Survey, Lots 18 and 19, Block 133; Denver resurvey; in the City and County of Galveston, Texas”; requesting the historic preservation officer to record the property’s Landmark Designation in the Official Public Records of real property in Galveston County, the tax records of the City of Galveston and the Central Appraisal District, and the official Zoning maps of the City of Galveston, Texas; designating the site as a Historically or Archeological significant site in need of tax relief to encourage its preservation; Planning Case No. 16P-030; making various findings and provisions related to the subject.
8.B.
Consider for approval an ordinance of the City of Galveston, Texas, amending the 2015 Galveston Land Development Regulations, Article 11: “Noncomformities,” by adding to the list of exemptions, “Places of Public Assembly in areas zoned (R-1) to include Church/Place of Worship”; Planning case number 16ZA-004; making various findings and provisions related to the subject. (Janice Norman)
Documents: 16ZA-004 PKT CC.pdf
8.C.
Consider for approval an ordinance of the City of Galveston, Texas, Abandoning approximately 310 square feet of City right-of-way, consisting of a 10-foot alley and adjacent to property commonly known as 1315 40th Street and legally described as “Part of Lot A (1-1) a west Norris subdivision, in the City and County of Galveston, Texas”; Planning case number 16P-025; Making various findings and provisions related to the subject. (Janice Norman)
Documents: 16P-025 PKT.pdf
8.D.
Consider for approval an ordinance of the City of Galveston, Texas, abandoning approximately 6,000 square feet of alley right-of –way adjacent to 1102 Market; Adjacent property is legally described as “Lots 1 through10 and the east half of Lot 11, Unit 1 Campus View Condo and 6.291% Interest Common Elements, part of 11 and 13 and all of 12, south 84 feet of Lot 14 and the southwest part of Lot 13 (14-1) and the north 36 feet of lot 14 and the northwest part of Lot 13 (14-2), Block 551, in the City and County of Galveston, Texas”; Planning case number 16P-028; Making various findings and provisions related to the subject. (Janice Norman)
Documents: 16P-028 PKT.pdf
9.
PUBLIC COMMENT
A. Agenda Items
B. Non-Agenda Items
10.
ORDINANCES (NOT REQUIRING PUBLIC HEARINGS)

10.A.
Consider for approval an Ordinance of the City of Galveston, Texas, adopting the homestead, elderly, and disabled ad valorem tax exemptions for tax year 2016, pursuant to Chapter 33, Section 33-24 of the Code of the City of Galveston 1982, as amended; making various findings and provisions related to the subject. (M. Loftin)
10.B.
Consider for approval an Ordinance of The City of Galveston, Texas, amending “The Code of The City of Galveston 1982, as amended”, Chapter 2, “Administration”, Article III, City Council, Section 2-134 “Agenda”, to require submission of agenda items, by elected officials, no later than 3:00 p.m. on the day before the 72 hour posting period required by the Open Meetings Act; providing for an effective date; making various findings and provisions related to the subject. (Yarbrough)
10.C.
Consider for approval an Ordinance of the City of Galveston, Texas, Amending Chapter 34, "Traffic", Section 34-117.5, "Two-Hour Parking Between 9:00 A.M. and 6:00 P.M." of "The Code of the City of Galveston 1982", As Amended, Adding the East Side of the 300 Block on 19th Street; Making various findings and provisions related to the subject; Providing for an effective date. (K. Hockersmith/Legal)
10.D.
Consider for approval an Ordinance of the City of Galveston, Texas, establishing an Economic Development Program pursuant to Chapter 380 of the Local Government Code; specifying criteria for awards under the program; providing for the administration of the program by the city manager or his designee; making various findings and provisions related to the subject and providing for an effective date of July 1, 2016.
10.E.
Consider for approval an Ordinance of the City of Galveston, Texas amending Chapter 8 "Beaches and Waterways", Section 3, "Beach Access and Parking" of "The Code of the City of Galveston 1982", As Amended, to prohibit vehicular traffic on any public beach West of 103rd Street between the hours of Midnight and 5:00 A.M.; Making various findings and provisions related to the subject and providing for an effective date. (David Smith/Legal).
11.
CONSENT ITEMS
The following items shall be considered for action as a whole, unless one or more Council Members objects.  The City Manager is authorized to execute all necessary documents upon final approval by the City Attorney.
11.A.
Consider for approval authorizing the Mayor to sign a letter to Senator Larry Taylor conveying the City's concerns regarding property tax reform and relief issues under review by the Texas Senate Select Committee on Property Tax Reform and Relief. (Maxwell)
11.B.
Receive and file Mayoral appointments to the Galveston Housing Authority Board of Directors. (Yarbrough)
11.C.
Receive and file Capital Assets Audit Report AU2016-1. (G. Bulgherini)
11.D.
Consider for approval a renewal of the Interlocal Agreement between the City of Galveston and the City of Austin for the short-term sheltering of Galveston residents in the event of a mandatory evacuation. (Wisko)
11.E.
Consider for approval a Resolution of the City Council of the City of Galveston, Texas (“the City”), approving an Interlocal Agreement with the Gulf Coast Center (“the Center”) providing two center-owned, handicap accessible vehicles and drivers for the use of the city in the event of a formal mandatory evacuation; authorizing the City Manager to execute the Interlocal Agreement; providing for findings of fact and providing for an effective date.
11.F.
Consider for approval a Resolution of the City Council of the City of Galveston, Texas, Distributing and awarding Fiscal Year 2016 Hotel Occupancy Tax revenues to eligible Arts and Historic Preservation Organizations under single-year contracts; Distributing and awarding Hotel Occupancy Tax revenues for Fiscal Years 2016, 2017, 2018, and 2019 to eligible Arts and Historic Preservation Organizations under multi-year contracts; Approving the annual budgets of such recipients; Authorizing the City Manager to execute contracts with such recipients; Directing the City Secretary to send a certified copy of the Resolution to the Park Board of Trustees; Providing for Findings of Fact and Providing for an effective date. (Legal)
11.G.
Consider for approval a Resolution of the City Council of the City of Galveston, Texas, Authorizing the City Manager to execute an application for a grant in the amount of $90,082 through the Body Worn Camera Grant Program through the Criminal Justice Division of the Texas Governor's Office; Authorizing the City Manager to execute all necessary documents relating to the grant and to accept any funds distributed under the grant; Providing for findings of fact and providing for an effective date.
11.H.
Consider for approval a Resolution of the City Council of the City of Galveston, Texas, accepting the City’s portion of a 2016 Byrne Justice Assistance Grant from the Department of Justice in a joint total amount of $32,441.00, and said City portion to provide for the purchase of tactical equipment for the City’s Special Weapons and Tactics (SWAT) Unit; authorizing the City Manager to execute an Interlocal Agreement with Galveston County and the City of Texas City; appointing the County as Fiscal Agent for the grant; equally dividing the total grant award between such parties; providing for findings of fact and providing for an effective date. (D. Smith/D. Torres)
11.I.
Consider for approval the purchase of two GS Products Automated Refuse trucks from Houston Freightliner/Sterling through HGAC Buy for a total price of $389,658 which will be funded by the Sanitation Capital Outlay Account. (D. Smith)
Documents: Refuse Packet.pdf
11.J.
Consider for the approval allowing the Fleet Facility to purchase the listed service vehicle(s) and associated equipment from Silsbee Ford through Buy Board, for a total price of $37,785 which will be funded from the vehicle capital outlay account. (D. Smith)
11.K.
Consider for approval the repairs to the main blower assembly on unit 1116, which is a sewer Vactor 2100 vacuum truck, to Kinloch Equipment for a total cost of $28,380.43. Funding source is the Garages Vehicle Repairs Account 5020-811561-531250. (D. Smith)
11.L.
Consider for approval a rate decrease with BFI Transfer Systems of Texas at the Refuse Transfer Station. The decrease will be 0.367% or $0.14 per ton. The new tonnage rate would decrease from $37.67 to $37.53. Estimated annual savings is $3,780.00. Funding source is the Sanitation Division Refuse Disposal Account. (C. DeWitt)
11.M.
Consider for approval Bid #16-028 for the Annual Street Striping Contract from Stripe Lines as primary vendor and Batterson as secondary vendor. Funding Source is the general operations budget of the Public Works Streets Division funds with an estimated annual cost of $99,752. (K. Hockersmith)
11.N.
Consider for approval Change Order #3 for the 43rd Street reconstruction project contract with Main Lane Industries, Ltd, increasing the contract amount of $7,494,958.53 by $199,692.14 to a new total of $7,694,650.67. The funding source for this project is the CDBG DR Non-Housing Round 2.1. (D. Christodoss)
11.O.
Consider for approval the bid from Ardent Construction, LLC in the amount of $4,111,000.00 for the construction of the Galveston Lasker Park Community Swimming Pool Project located at Lasker Park, 43rd & Ave.Q. Funding sources are IDC, TPWD grant, foundation grants, donations, neighborhood revitalization fund and Better Parks for Galveston. (B. Sanderson)
11.P.
Consider for approval Change Order No. 1 to the contract with Cardinal Contractors, Inc., increasing the contract amount by $11,025.73 to a new total of $15,898,025.73, for soil removal related to the 59th Street Pump Station project, and authorize the City Manager to execute all documents upon final approval of the City Attorney. (J. Simsen)
11.Q.
Consider for approval a Memorandum of Understanding (MOU) between City of Galveston/Island Transit and the Houston-Galveston Area Council (H-GAC), Texas Department of Transportation (TxDOT), Houston METRO et al. regarding cooperative, comprehensive and continuing metropolitan planning process, as required by the US. Department of Transportation (USDOT) Guidelines, 23 CFR 450 Subparts A & C). (R. Beverlin)
Documents: HGAC Packet.pdf
11.R.
Consider for approval an Advanced Funding Agreement (AFA) between City of Galveston and the Texas Department of Transportation (TxDOT) for the Downtown Pedestrian Transit Connectivity Improvements Project (TxDOT CSJ 0912-73-206) (R. Beverlin)
Documents: Pedes Packet.pdf
11.S.
Consider for approval minutes of the April 7, 2016 Special Meeting, the April 13, 2016 Special Meeting, the April 19, 2016 Special Meeting, the April 28, 2016 Workshop and Regular Meeting, and the May 17, 2016 Special Meeting. (J. Williams)
Documents: DOC123.PDF
11.T.
Seeking City Council to ratify the City Manager’s action approving a contract with J. Benham Construction, Inc., to facilitate the emergency repair to the concrete pavement located near the intersection of 59th & Ball Ave due to public safety concerns in the amount of $26,444.25 consistent with Sec. 252.022 (a) (2) of the Local Government Code. Funding source is $26,444.25 funded from the Streets Division General Operations Account. (K. Hockersmith)
11.U.
Consider for Approval the purchase of Firefighter Protective Clothing in the amount of $35,151.00. (Wisko)
Documents: PPE.6.23.2016.pdf
12.
ACTION ITEMS
12.A.
Discuss and consider for action ex officio appointments of Council Members to city boards, commissions, and committees of the City of Galveston, and receive a report from the City Attorney on term limits as to the effect on Council Members on boards. (McMorris/Woods)
12.B.
Discuss and consider for approval of the appointment of Susan Fennewald to the Park Board submitted by the District 3 Council Member. (McMorris/Woods)
12.C.
Discuss and consider for approval of the appointment of Douglas Godinich to the Wharves Board submitted by the District 1 Council Member. (McMorris/Woods)
13.
EXECUTIVE SESSION

13.A.
Pursuant to Texas Gov’t Code 551.071- Consultation with attorney, an executive session will be conducted to discuss and receive legal advice concerning pending litigation and/or a settlement offer, or on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter, related to the following:

13.A.1.
No. CV-007-4053 City of Galveston V. John Maguire et al, In the County Court at Law #2 of Galveston County. (D. Glywasky)
13.A.2.
Matter of the Appeal from the Ethics Commission of the City of Galveston related to the ethics complaint of Benjamin Hannon. (D. Glywasky)
14.
ACTION ITEMS (RESULTING FROM EXECUTIVE SESSION)

14.A.
Consideration of granting authorization to the City Attorney to effect partial settlement of the matter of No. CV-007-4053 City of Galveston V. John Maguire et al, In the County Court at Law #2 of Galveston County. (D. Glywasky)
14.B.
Consider for action the Matter of the Appeal from the Ethics Commission of the City of Galveston related to the ethics complaint of Benjamin Hannon. (D. Glywasky)
15.
ADJOURNMENT
I certify that the above Notice of Meeting was posted in a place convenient to the public in compliance with Chapter 551 of the Texas Government Code on June 20, 2016 at 12:30 P.M.
JW Signature
Janelle Williams, City Secretary

IN ACCORDANCE WITH THE PROVISIONS OF THE AMERICANS WITH DISABILITIES ACT (ADA), PERSONS IN NEED OF A SPECIAL ACCOMMODATION TO PARTICIPATE IN THIS PROCEEDING SHALL, WITHIN THREE (3) DAYS PRIOR TO ANY PROCEEDING, CONTACT THE CITY SECRETARY'S OFFICE, SUITE 201, 823 ROSENBERG, GALVESTON, TEXAS 77550 (409-797-3510).