NOTICE OF MEETING
CITY COUNCIL OF THE CITY OF GALVESTON
THURSDAY -  DECEMBER 14, 2017 - 1:15 P.M.
COUNCIL CHAMBERS - CITY HALL
823 ROSENBERG, GALVESTON, TEXAS
TELEPHONE: (409) 797-3510

REGULAR MEETING


1.

DECLARATION OF A QUORUM AND CALL MEETING TO ORDER

2.

ROLL CALL

3.

INVOCATION

Rev. Ray Pinard - Moody Methodist 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
    a.  Lily Gunal

4. Reminders regarding City Council events

5. Reminders regarding community events

6. Health and safety announcements
7.

COMMUNICATIONS AND PETITIONS


7.A.

Claims

17-121 Zwirek, Manlyn T.; 17-122 Santana, Anthony; 17-123 West, Jim; 17-124 Salinas, Jesus; 17-125 Chapa, Art; 17-126 Davis, Vanell; 17-127 Mocle, Lucia; 17-128 Leyva, Margaret; 17-129 Albarran, Karen.
8.

PUBLIC HEARINGS

8.A.

Consider For Approval An Ordinance Of The City Of Galveston, Texas, Amending The 2015 Galveston Land Development Regulations (LDR’s), As Amended, To Update, Revise And Clarify Those Provisions Regulating Land Development Activity Within The City; Making Various Findings And Provisions Related To The Subject; Providing For An Effective Date; Planning Case Number 17ZA-004 (Adriel Montalvan)

Documents:
  1. CC PKT.pdf
8.B.

Consider for approval an Ordinance of the City of Galveston, Texas, creating a Planned Unit Development (PUD) Overlay zoning district in a Commercial ( C) base zoning district on property commonly known as 5327 Broadway and which is legally described as Vy-Ha re-subdivision (2014) Tract A, in the City and County of Galveston, Texas, in order to operate an “Auto Service/Fueling or Charging Station”, Planning case number 17P-031; Making various findings and provisions related to the subject; and providing for an effective date. (Janice Norman)

Documents:
  1. 17P-031 CC Pkt.pdf
8.C.

Consider For Approval An Ordinance Of The City Of Galveston, Texas, Designating The Property Located At 902 Winnie/Avenue G And Legally Described As The South 79 Feet Of Lot 8 And A Portion Of Lot 9 (8-1), Block 369, In The City And County Of Galveston, Texas As A Historically Or Archeological Significant Site In Need Of Tax Relief To Encourage Its Preservation; Granting A Substantial Rehabilitation For Historic Property Tax Exemption; Designating The City Manager To Execute Those Documents Necessary To Implement The Tax Incentive Program; Planning Case Number 17lc-061; , Making Various Findings And Provisions Related To The Subject. (C. Gorman)

8.D.

Consider for approval a Resolution of the City Council of the City of Galveston, Texas, acknowledging the previous action of the City of Galveston City Council abandoning certain rights or way in that area known as Classic Porretto Beach under ordinance 78-46, acknowledging the validity of the abandonment detailed in that Ordinance, disavowing any reversionary interest in such abandoned rights of way, making findings of fact and providing for an effective date.

A separate agenda item for consideration of a Resolution approving the Agreement proposed between the City of Galveston and Randy Williams,Trustee is listed below as Action Item 12B.
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, amending Chapter 26 "Parks and Recreation" of "the Code of the City of Galveston 1982, as amended," by re-adopting Article IV "Youth Services Standards of Care" in its entirety; defining minimum standards of care by which the City of Galveston and its Parks and Recreation Department will operate the City's Youth Recreational Programs; providing for an effective date of January 1, 2018; providing for an annual review and adoption date thereafter; making various findings and provisions related to the subject. (B. Sanderson)

10.B.

Consider for approval an ordinance of the City of Galveston, Texas, amending Chapter 10, “Building Code,” Article V. “Dangerous Building Code”, of the code of the City of Galveston 1982; as amended to add provisions for the regulation of substandard buildings; providing a penalty provision; providing an effective date of January 1, 2018; making various findings and provisions related to the subject. (Adriel Montalvan)

Documents:
  1. CC Pkt.pdf
10.C.

FY 2017 Budget Amendment

Consider for approval an Ordinance of the City of Galveston, Texas, amending the total operating budget for fiscal year ending September 30, 2017, by adjusting various budget accounts in the amount of Four Million One Hundred Ninety Three Thousand Five Hundred Eighty Six Dollars ($4,193,586) to adjust and properly record for expenses in connection with Police overtime, Fire overtime, separation pay for city employees, restructure of Human Resource personnel, Hurricane Harvey preparation and response, Galveston Central Appraisal District services, Rosenberg Library contributions, Mardi Gras preparation security and response, purchase of one additional  trolley bus, infrastructure projects funded by TIRZ 14, Police Quartermaster uniform issuance, Fire SCBA air pack purchases, and Airport capital improvements; making various findings and provisions related to the subject; and providing for an effective date. (M. Loftin)
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 a Resolution of the City Council of the City of Galveston, Texas, approving an interlocal agreement with the Treasure Island Municipal Utility District providing for the supply of water to the Treasure Island MUD from the City of Galveston; authorizing the city manager to execute the agreement; providing for findings of fact and providing for an effective date. (Legal)

11.B.

Consider for approval a Resolution of the City Council of the City of Galveston, Texas approving an Interlocal Agreement with the County of Galveston to assume operation of the Seawall Urban Park, Beach Pocket Parks 1 through 4, Ft. Crockett, McAllis Point and Ostemayer Bayou; providing for findings of fact and providing for an effective date. (Legal)

11.C.

Consider for approval a Resolution of the City Council of the City of Galveston, Texas, approving and ratifying the gift of real property from the Galveston Historic Foundation consisting of a partial lot in the rear of that property commonly referred to as 2828 Market Street Galveston; providing for findings of fact and providing for an effective date. (Legal)

11.D.

Consider for approval a Resolution of the City Council of the City of Galveston, Texas, approving the sale to the Galveston Housing Finance Corporation of certain tax foreclosed property in the City and County of Galveston, Texas commonly referred to as 2805 Winnie, Galveston, said property being more particularly described in instruments recorded in the official deed records of Galveston County, Texas; authorizing the Mayor of the City of Galveston to execute the deed to the purchaser; declaring findings of fact and providing for an effective date. (Legal)

11.E.

Consider for approval accepting the Second Year Renewal Agreement from JW Hauling, Inc., extending the agreement to expire on December 31, 2018 for services related to the demolition of dangerous, unsafe, or substandard structures and removal of demolition debris within the City of Galveston. (D. Stark)

11.F.

Consider for Approval an Amendment to the Interlocal Agreement Between and Among the City of Pasadena, The City of Missouri City, The City of Galveston, Harris County, Harris County Housing Authority, and Galveston Housing Authority for a Regional Collaboration of Fair Housing Assessments and Affirmatively Furthering Fair Housing for Program Years 2018-2023. Funding is from HOME Investment Partnership Funds and CDBG Entitlement Funds. Authorize the City Manager to execute all necessary documents upon final approval of the City Attorney. (A. Law)

11.G.

Consider a motion to approve a payment of $2,807,317.12 to the Texas General Land Office to complete the reclassification of construction costs for the Main Wastewater Treatment Plant, Lift Station #1, and Fire Station #4 from the Community Development Recovery Grant to the Hurricane Ike FEMA Grant. (M.Loftin)

11.H.

Consider approving purchases of operational supplies using the contract with Sam’s Club through the Purchasing Association of Cooperative Entities (PACE) purchasing cooperative. (M. Loftin)

11.I.

Consider for approval a contract with Dunbar Armored, Inc. for armored vehicle services in the amount not to exceed 25,000. (M. Loftin)

11.J.

Consider for approval joining the Purchasing Association of Cooperative Entities (PACE), through Region 20 Education Service Center, in San Antonio, Texas. (M. Loftin)

11.K.

Consider for approval joining the National Cooperative Purchasing Alliance (NCPA), through Region 14 Education Service Center, in Abilene, Texas. (M. Loftin)

11.L.

Consider approving a no cost contract with American National Insurance Company (ANICO) for Temporary Emergency Operations Facility Use and Data Center Space Usage (H Dean).

11.M.

Consider for approval continued participation in the League City OSSI GRID Consortium with annual renewal fee of $ 35,421.76 to maintain off‐site system servers, allowing full access to the multi‐agency records management system. Funding for this expenditure is budged in the Police Department’s Service Support Contracts line. (H Dean)

11.N.

Consider approving the renewal of the City’s Kronos software maintenance and support agreement in the amount of $ 31,572.03. (H Dean)

11.O.

Consider approving the renewal of the City’s Utility Management Solution technical support and maintenance agreement for $32,575 (HDean)

11.P.

Consider for approval a contract for election services between the City of Galveston and Galveston County for the purposes of holding a City Election on May 5, 2018. (J. Williams)

11.Q.

Consider for acceptance the in-kind donation of nineteen (19) palm trees to be planted in the esplanades on 25th Street, and valued at $50,000.00, from the Galveston Foundation. (B. Sanderson)


11.R.

Consider for approval Change Order #2 from Hou-Scape, Inc., for the little league ball park complex project at Crockett Park, in the amount of $13,713.36, increasing the contract amount from $3,704,976.48, to $3,718,689.84. (B. Sanderson)

11.S.

Consider for approval the emergency repairs to the HVAC mechanical equipment at the McGuire-Dent Recreation Center, in the amount of $26,264.40 from Gregory-Edwards,Inc. (B. Sanderson)

11.T.

Consider for approval the purchase and installation of six (6) replacement treadmills for the McGuire-Dent Recreation Center, in the amount of $28,989.00, from Marathon Fitness - Buyboard Contract #502-16. (B. Sanderson)

11.U.

Consider for approval amending the 2017-19 Lone Star Rally contract event dates for event year 2018 only, and granting administrative authority to the City Manager for any future date modifications on this contract upon final approval by the City Attorney. (D. Smith)

11.V.

Consider for the approval of the purchase of one GP8000 vacuum water pump for unit 1544, which is a 2013 Peterbilt vacuum truck, to the lowest bidder, Gap Vax for $20,133.33, which will be funded from the garage parts account. (D. Smith)

11.W.

Consider for approval allowing the Fleet Facility to purchase one 2018 Kawasaki Mule PRO-FXT and associated equipment from UVC Powersports through TXMAS for a total price of $18,928.41. (D. Smith)

Documents:
  1. GPD Mule Packet.pdf
11.X.

Consider for the approval of the Island Transit bulk tire contract to Beasley Tires who was the lowest responding bidder that met the specifications, and authorize the City Manager to execute the contract upon final approval by the City Attorney. The funding source is the Island Transit parts account. (D. Smith)

11.Y.

Consider for the approval allowing the Fleet Facility to purchase the listed service vehicle and associated equipment from the lowest bidder, Silsbee Ford (#17-005), for a total price of $34,662, which will be assigned to the Facilities Maintenance Department. The funding source is the Vehicle Capital Outlay account. (D. Smith)

11.Z.

Consider for the approval of the Island Transit bulk lubricants contract to Apache Oil, which was the lowest responding bidder that met the specifications, and authorize the City Manager to execute the contract upon final approval by the City Attorney. The funding source is the Island Transit lubricants account. (D. Smith)

11.AA.

Consider for the approval of the Island Transit parts supply contract to IEH Auto Parts and Car Parts as the primary parts suppliers that met the specifications in the bidding process, and authorize the City Manager to execute the contract upon final approval by the City Attorney. The funding source is the Island Transit parts account. (D. Smith)

Documents:
  1. IT Parts Packet.pdf
11.BB.

Consider for approval the renewal of the Police Department’s annual L-3 Communications/Mobile-Vision in-car audio and visual recording system maintenance contract for the period from October 1, 2017 to September 30, 2018 for a total price of $ 20,213.00 to be paid from the Police Department’s Service Support Maintenance Contracts fund. (R. Boyle)

Documents:
  1. L3 18.pdf
11.CC.

Consider for approval the execution of a one (1) year contract with the option of Four (4) one year renewals with Fernandez Investment Group, DBA Cop Stop, for purchase of Police Department Uniforms and Duty Gear. (R. Boyle)

11.DD.

Consider for approval authorizing the City Manager to execute the Air Traffic Control Tower Operating Agreement (TOA) between the Federal Aviation Administration (FAA) and Scholes International Airport, upon final approval of the City Attorney (M. Shahan).

11.EE.

Consider for approval a Resolution of the City Council of the City of Galveston, Texas authorizing and directing the City Manager or his designee to execute the Grant funding Agreement Terms and Conditions under FEMA Grant Application FEMA-4332-DR-TX in furtherance of the City’s application for disaster relief funds to mitigate damages caused by Hurricane Harvey, authorizing the execution of any further paperwork which may be required by the Federal Emergency Management Agency and/or the Texas Department of Public Safety/Texas Division of Emergency Management, providing for findings of fact and for an effective date. (R. Blackketter)

11.FF.

Consider for approval of a contract with RAC Industries, LLC., for the Sidewalk Construction - Avenue L from 53rd St to 43rd St & Avenue M from 35th St to 28th St project (BID #18-001) in the amount of $685,866.00 (Estimated total cost of project not to exceed $709,616.00). Authorizing the City Manager to execute all necessary documents upon final approval by the City Attorney. (R. Blackketter)

11.GG.

Consider for approval Change Order #2 for the contract with Main Lane Industries, Ltd., for the Reconstruction of Market Street from 25th Street to 19th Street project, increasing the contract from $3,470,897.45 by the amount of $269,632.43 to a new cost of $3,740,529.88, and increasing the term by 30 calendar days to 340 days. The funding source will be the CDBG Disaster Recovery Non-Housing Round 2.1 program. Authorizing the City Manager to execute all necessary documents upon final approval by the City Attorney. (R. Blackketter)

11.HH.

Consider for approval of the low responsive bidder (BID #18-003) J. W. Kelso Company, Inc., for the City of Galveston Public Works Facility project in the amount of $10,732,495 (base bid). The funding source will be the CDBG Disaster Recovery Non-Housing Round 2.2 program. (R. Blackketter)

11.II.

Consider approval of lowest proposal from American Underwater Services, Inc. for the removal of sediment from the Galveston Country Club pond at a cost of $19,700.00. Funding source is the Operating Expenditure Fund. Authorizing the City Manager to execute all necessary documents upon final approval by the City Attorney.(A. Grasso)

Documents:
  1. AUS - CC Pond.pdf
11.JJ.

Consider for approval the annual maintenance contract for Foxboro A2/PAC system and equipment at the 30th Street Water Pump Station and various elevated storage tank locations from sole source provider Schneider-Electric Systems USA Inc. The cost of the annual contract is $62,784.79. (A. Grasso)

11.KK.

Consider for approval the purchase of E.H. Wachs Valve Maintenance Trailer and Electric Torque Controlled Handheld Valve Exerciser equipment from E.H. Wachs at a cost of $81,867.31. (A. Grasso)

11.LL.

Consider for approval the annual maintenance contract for Foxboro A2/PAC system and equipment at the Main Wastewater Treatment Plant from sole source provider Schneider-Electric Systems USA Inc. The cost of the annual contract is $34,294.74. (A. Grasso)

11.MM.

Consider for approval Causeway Water Line Amendment#2 dated August 18, 2017 from Freese and Nichols, Inc., for a decrease in the contract amount by $28,580 from $783,330 to $754,750. (D. Christodoss)

11.NN.

Consider for approval the professional engineering services proposal from Zarinkelk Engineering Services, Inc., for a not to exceed amount of $102,697 for design of the Church Street Drainage Improvements from 35th to 37th Streets (D. Christodoss)

11.OO.

Consider for approval the professional engineering services proposal from Stantec Consulting Services, Inc., for a not to exceed amount of $282,720.40 for 49th Street Design from Avenue P to Avenue S-1/2 including upsizing of utilities (D. Christodoss)

11.PP.

Consider for approval the professional engineering services proposal from Dannenbaum Engineering Corporation for a not to exceed amount of $310,000 for 35th Street Design from Post Office to Broadway including utility upgrades (D. Christodoss)

11.QQ.

Consider for approval the professional engineering services proposal from Dannenbaum Engineering Corporation for $900,159 to design the Airport Pump Station (PS) Improvements. (D. Christodoss)

11.RR.

Consider for approval the professional engineering services proposal from GC Engineering, Inc., for a not to exceed amount of $177,659.90 for 30th Street Design from Avenue O to Seawall Blvd including upsizing of utilities (D. Christodoss)

11.SS.

Consider for approval the professional engineering services proposal from Arceneaux Wilson & Cole (AWC), LLC, for Engineering Evaluation and Study for the 10 Mile Road Elevated Storage Tank, at a cost not to exceed $16,190 (D. Christodoss)

11.TT.

Consider for approval the professional engineering services proposal from Arceneaux Wilson & Cole (AWC), LLC, for a not to exceed amount of $49,630 for Laffites Cove Water System Looping Design (D. Christodoss)

11.UU.

Consider for approval a contract with General Contractors for the Neighborhood Improvements in the amount of $362,046.50. (D. Christodoss)

11.VV.

Consider for approval of Change Order #1 from Batterson, LLP, for the annual street striping project, increasing the original contract from $99,752.00 by the amount of $24,938.00 to a new cost of $124,690.00, and no increase in the term of the original contract date. (K. Hockersmith)

11.WW.

Consider for approval ratification of the City Manager’s action approving a contract with B & L Contracting, LLC, United Rentals, Inc., HSI Services, Inc., and Holes Incorporated, to facilitate the emergency repairs to the dewatering and backflow prevention project located at 10 South Shore Drive due to public safety concerns in the amount of $97,883.82 consistent with sec. 252.022 (a) (2) of the local government code. (K. Hockersmith)

11.XX.

Receive and file the Moody Foundation's Audit Report as of December 31, 2016. (Yarbrough)

11.YY.

Consider for approval of a proposal from CenterPoint Energy as a sole source provider for the installation of new, decorative streetlights as part of the 51st Street Improvements from Broadway to Postoffice project in the amount of $57,685.00. Authorizing the City Manager to execute all necessary documents upon final approval by the City Attorney. (R. Blackketter)

11.ZZ.

Consider for approval a Resolution of the City Council of the City of Galveston, Texas, authorizing the Mayor of the City to execute the approval of a Financing and Project for the benefit of the Bryan Texana Foundation, making findings of fact and providing for an effective date. (Legal)

12.

ACTION ITEMS

12.A.

Discuss and take action to confirm the City Manager's appointment of Vernon Hale as Chief of the Galveston Police Department pursuant to Texas Local Government Code 143.013(A). (B. Maxwell)

12.B.

Consideration Of A Resolution Of The City Council Of The City Of Galveston, Texas, Approving And Ratifying The Agreement Proposed Between The City Of Galveston And Randy Williams, Trustee In Case No. 09-35324; In Re Estate Of Sonya Porretto In The US Bankruptcy Court For The Southern District Of Texas Setting Forth A Process For The Resolution Of Claims And Potential Claims By The Trustee Against The City Related To Requests For Abandonment Of City Rights Of Way In The Area Commonly Referred To As Classic Porretto Beach. (Legal)

12.C.

Consider For Action A Motion To Remove George Parsons From The Landmark Commission For Failure To Attend Seventy Five Percent Of The Landmark Commission Meetings Within A Twelve Month Period As Required By Galveston City Code Sec. 2-164.

12.D.

Discuss and Consider the appointment of Oluwaratimi Folorunso to the Families, Children and Youth Board as recommended by the FCY Board. (J. Williams)

12.E.

Discuss and consider appointments to H-GAC's Transportation Policy Council and Technical Advisory Committee. (Yarbrough)

Documents:
  1. TPC-TAC.PDF
13.

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 December 11, 2017 at 12:00 P.M.
JW Signature02
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).