NOTICE OF MEETING
CITY COUNCIL OF THE CITY OF GALVESTON
THURSDAY - JANUARY 24, 2019 - 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

Captain W. Patrick Jones - Salvation Army
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 announcement
7.

COMMUNICATIONS AND PETITIONS

8.

PUBLIC HEARINGS

8.A.

Consider for Approval An Ordinance Of The City Of Galveston, Texas, Changing The Zoning From Residential, Single-Family (R-1) Zoning District To Residential, Single-Family (R-0), Zoning District On Properties Commonly Known As 1 - 59 Adler Circle. The Properties Are Legally Described As Lots 1 – 48, Westwood Subdivision, In The City And County Of Galveston, Texas. (A. Montalvan)

8.B.

Change of Zoning from Residential, Townhouse (R-2-HDDZ-1) to Residential, Single Family (R-1-HDDZ-1). Planning Case Number 18P-059.

Consider for Approval An Ordinance Of The City Of Galveston, Texas, Changing The Zoning From Residential, Townhouse (R-2-HDDZ-1) To Residential, Single Family (R-1-HDDZ-1) Zoning District On Properties Commonly Known As 1010 Commodore, 1014 Commodore, 1020 Commodore, 8415 Teichman Road, 8407 Teichman Road, 8403 Teichman Road, 8309 Teichman Road, 1003 Lillian, 1006 Lillian, 1007 Lillian, 1010 Lillian, 1011 Lillian, 1014 Lillian, 1015 Lillian, 1018 Lillian, 1022 Lillian, And 1026 Lillian. The Properties Are Legally Described As Abstract 121 Page 71 Part Of Lot 523 (523-14) Trimble & Lindsey Section 1, Abstract 121 Page 71 Part Of Lot 523 (523-15) Trimble & Lindsey Section 1, Abstract 121 T & L & Hall & Jones Survey Part Of Lot 523 (523-16) Trimble & Lindsey Section 1, Abstract 121 Page 71 Part Of Lot 523 (523-17) Trimble & Lindsey Section 1 Aka Lot 15, Abstract 121 Page 71 Part Of Lot 523 (523-20) Trimble & Lindsey Section 1 AKA: Tract 18 Special Subdivision, Abstract 121 Hall & Jones Survey Landscape Reserve A (0-1) Old Galveston Villas Replat (2005), Abstract 121 Hall & Jones Survey Lot 1 Old Galveston Villas Replat (2005), Abstract 121 Hall & Jones Survey Lot 2 Old Galveston Villas Replat (2005), Abstract 121 Hall & Jones Survey Lot 3 Old Galveston Villas Replat (2005), Abstract 121 Hall & Jones Survey Lot 4 Old Galveston Villas Replat (2005) Undivided 1/2 Interest, Abstract 121 Hall & Jones Survey Lot 5 Old Galveston Villas Replat (2005), Abstract 121 Hall & Jones Survey Lot 6 Old Galveston Villas Replat (2005), Abstract 121 Hall & Jones Survey Lot 7 Old Galveston Villas Replat (2005), Abstract 121 Hall & Jones Survey Lot 8 Old Galveston Villas Replat (2005), Abstract 121 Hall & Jones Survey Park Reserve B (0-2) Old Galveston Villas Replat (2005), Abstract 121 Hall & Jones Survey Lot 9 Old Galveston Villas Replat (2008), And Abstract 121 Hall & Jones Survey Lot 10 Old Galveston Villas Replat (2008), In The City And County Of Galveston, Texas. Planning Case Number 18P-059; Making Various Findings And Provisions Related To The Subject. (D. Lunsford)


Documents:
  1. 18P-059_CC PKT.pdf
8.C.

Consider For Approval An Ordinance Of The City Of Galveston, Texas, Changing The Zoning From Residential, Single Family (R-1) To Commercial (C) Zoning District On Properties Commonly Known As 21418 FM 3005 And Adjacent Tract To The North. The Properties Are Legally Described As Abst 121, Page 19, East Part Of Lot 1 (1-3), Seabird Acres, And Abst 121, Page 19, Lot 2, Seabird Acres, Both In The City And County Of Galveston, Texas; Planning Case Number 18P-061; Making Various Findings And Provisions Related To The Subject. (D. Lunsford)

Documents:
  1. 18P-061 CC RPT.pdf
8.D.

Consider for Approval An Ordinance Of The City Of Galveston, Texas, Designating The Property Located At 514 18th Street, As A “Galveston Landmark”, Property Is Legally Described As Lot 14 (14-2), Block 437, In The City And County Of Galveston, Texas; Requesting The Historic Preservation Officer 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; Planning Case Number 19P-002; Making Various Findings And Provisions Related To The Subject. (C. Gorman)

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 The Code Of The City Of Galveston, 1982 As Amended, By Amending Chapter 36, “Water, Sewers And Sewage Disposal”; Providing For Water And Sewer System Rates And Charges; Providing For Severability; Providing For The Repeal Of All Or Parts Of Ordinances In Conflict Herewith; Making Various Findings And Provisions Related To The Subject; And Providing For An Effective Date. (M. Loftin)

10.C.

Consider For Approval An Ordinance Of The City Of Galveston, Texas, Amending The Total Operating Budget For Fiscal Year Ending September 30, 2018, By Adjusting Various Budget Accounts In The Amount Of Three Hundred Ninety-Three Thousand Two Hundred Forty-Four Dollars ($393,244) To Adjust And Properly Record For Expenses In Connection With Island Transit Operating Expenditures; Making Various Findings And Provisions Related To The Subject; And Providing For An Effective Date. (M. Loftin)

10.D.

Consider For Approval An Ordinance Of The City Of Galveston, Texas, Amending The Total Operating Budget For Fiscal Year Ending September 30, 2019, By Adjusting Various Budget Accounts In The Amount Of Thirteen Million Five Hundred Thousand Dollars ($13,500,000) To Adjust And Properly Record For Operating Transfers And Recording Expenditures In Connection With The Legal Settlement With Cdm Smith; Making Various Findings And Provisions Related To The Subject; And Providing For An Effective Date. (M. Loftin)

10.E.

Special Election on May 4, 2019 - Seawall Parking

Consider For Approval An Ordinance Of The City Council Of The City Of Galveston, Texas, Ordering And Calling A Special Election To Be Held In The City On May 4, 2019, To Determine Whether To Extend The Imposition Of A Fee For Parking A Motor Vehicle On Seawall Boulevard Between The Hours Of 10:00 A.M. And 6:00 P.M. Daily, To Be Collected By A Paid Parking System With Use Of The  Proceeds Restricted To Funding Seawall Enhancements, Including But Not Limited To Lighting, Bathrooms, Showers, Landscaping, Maintenance, And Litter Control, With The Creation Of A Reserve For The Replacement Of Capital Improvements On The Seawall And 10% Of The Proceeds For Administrative Costs, All In Accordance With State Law; And Giving The City Council Auhtority To Increase The Fee For Parking A Motor Vehicle On Seawall Boulevard To An Amount Of $2.00 Per Hour, With A Minimum Purchase Of 2 Hours, And Not To Exceed $16.00 Per Day, And An Annual Permit Not To Exceed $45.00, Until December 31, 2029 Unless Otherwise Renewed Or Amended By A Majority Of Qualified Voters; Authorizing The City Manager To Execute An Election Services Agreement With Galveston County To Hold And Conduct This Election; Designating The Polling Places; Designating Hours For Voting; Providing For Publication Of Notice Of The Election; Providing Bilingual Election Requirements; And Containing Other Provisions Related Thereto.
10.F.

Consider For Approval An Ordinance Of The City Of Galveston, Texas, Amending Chapter 34 “Traffic” Article Iii- “Vehicle Operation” Of The Code Of The City Of Galveston, 1982, As Amended By Adding Regulations For The Safe Passage By Motorists Of “Vulnerable Road Users”, Providing Definitions”, Requiring Safe Passage Speed And Minimum Distance Motorists Must Maintain While Passing Vulnerable Road Users; Prohibiting The Throwing Of Any Object At A Vulnerable Road User, The User’s Equipment Or Other Intimidating Maneuvers; Amending Chapter 9, “Bicycles” To Require Bicycles To Have A Rear Facing Red Light; Providing For Penalties; Making Various Findings And Provisions Related To The Subject; And Providing For An Effective Date. (Legal)

10.G.

Consider For Approval An Ordinance Of The City Of Galveston, Texas, Amending “The Code Of The City Of Galveston 1982, As Amended,” Chapter 20.5-17 “Mardi Gras” Article Ix- “Entertainment Areas” To Ensure Reasonable Access For Residents As Well As Employers And Their Employees Living And/Or Working Within The Entertainment Area, And Otherwise Providing For A Reasonable Admission Fee To The Entertainment Area; Repealing All Other Ordinances Or Parts Of Ordinances In Conflict Herewith; Making Various Findings And Provisions Related To The Subject; And Providing For An Effective Date. (Legal)

10.H.

Consider For Approval An Ordinance Of The City Of Galveston, Texas, Amending “The Code Of The City Of Galveston 1982, As Amended,” Chapter 20.5 “Mardi Gras” By Allowing Overnight Parking And/Or Overnight Camping On Seawall Blvd During The First Weekend Of Mardi Gras; Increasing The Parking Fine Provision From Fifty ($50.00) Dollars To Two Hundred And Fifty ($250.00) Dollars (Per Night), For Overnight Parking Violations During The Preceding Monday Through Thursday Of The First Weekend Of Mardi Gras; Repealing All Other Ordinances Or Parts Of Ordinances In Conflict Herewith; Making Various Findings And Provisions Related To The Subject; And Providing For An Effective Date. (D. Smith)

10.I.

Amendments to Dune Protection and Beach Access Plan (Chapter 29 of Municipal Code). Planning Case Number 19PA-004

Consider For Approval An Ordinance Of The City Of Galveston, Texas, To Approve A Text Amendment To The City’s Dune Protection And Beach Access Plan / Amending "The Code Of The City Of Galveston 1982, As Amended” Chapter 29, “Planning - Beach Access Dune Protection And Beach Front Construction” In Order To Replace Maps in "Exhibit B: Dune Conservation Area and Enhance Construction Zone"; To Modify the Building Requirements Section Regarding Ground-Level Enclosures To Be Consistent With The Erosion Response Plan; To Increase The Beach User Fee Rates for Seawall Beach Urban Park; And To Authorize The City To Submit The Text Amendment To The Texas General Land Office For Its Consideration And Certification; Planning Case Number 19PA-004; Making Various Findings And Provisions Related To The Subject. (D. Henry)
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 contract for Election Services between the City of Galveston and Galveston County for the purposes of holding a Special Election on May 4, 2019. (J. Williams)

11.B.

Consider For Approval A Resolution Of The City Council Of The City Of Galveston, Texas, Acknowledging That Assessment And Collection Services Will Be Performed By The Galveston County Tax Assessor For The Year 2019; 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, authorizing the City Manager to approve and execute the Agreement for Funding the rehabilitation of the Air Traffic Control Tower (the “Project”) between the City, the Tax Increment Reinvestment Zone 14 (TIRZ 14) and the Galveston Island Redevelopment Authority (RDA) in the amount of $402,236.00 (M. Shahan).


11.D.

Consider for approval a Resolution of the City Council of the City of Galveston, Texas, authorizing the City Manager to approve and execute the Agreement for Funding 10% of the Scholes International Airport 2019 Projects (the “Project”) between the City, the Tax Increment Reinvestment Zone 14 (TIRZ 14) and the Galveston Island Redevelopment Authority (RDA) in the amount of $52,500.00 (M. Shahan).


11.E.

Consider for approval a Resolution of the City Council of the City of Galveston, Texas, authorizing the City Manager to approve and execute the Agreement for Funding the material cost of repaving the Scholes International Airport Terminal Pavement Project (the “Project”) between the City, the Tax Increment Reinvestment Zone 14 (TIRZ 14) and the Galveston Island Redevelopment Authority (RDA) in the amount of $32,000.00 (M. Shahan).


11.F.

Consider for approval a Resolution of the City Council of the City of Galveston, Texas, authorizing the City Manager to approve and execute the Agreement for Funding 10% of the Scholes International Airport 2018 Capital Improvement Pavement Projects (the “Project”) between the City, the Tax Increment Reinvestment Zone 14 (TIRZ 14) and the Galveston Island Redevelopment Authority (RDA) in the amount of $118,000.00 (M. Shahan).


11.G.

Consider for Approval a bid from Lead Based Paint Services, LLC dba Integrity Lead Based Paint Services in the amount of $24,500.00 to Provide Lead-Based Paint Remediation Services at 1611 – 39th Street. Funding is from HOME Investment Partnership Funds. Authorize the City Manager to execute all necessary documents upon final approval of the City Attorney. (A. Law)

11.I.

Consider for approval the proposal from Dannenbaum for Broadway Drainage Study to Support TXDOT Overlay including Bridge Blocks and Drainage Crossings Upgrades including Construction Plans for 48th Street at a cost not to exceed of $187,599. (D. Christodoss)

11.J.

Consider for approval Change Order #1 for the contract with General Contractor Services, for the Neighborhood Improvements project, decreasing the contract from $362,046.50 by the amount of $32,570.25 to a final cost of $329,476.25. (R. Blackketter)

11.K.

Consider for approval of Change Order No. 5 to the contract with Brunel Industrial & Pipeline Services, LLC, for the Rehabilitation of Ground Storage Tanks at 59th Street project, increasing the contract by $198,129.26 from the amount of $7,665,600.21 to a new total amount of $7,863,729.47. The funding source will be the CDBG Disaster Recovery Non-Housing Round 2.2 program. Authorizing the City Manager to execute all necessary documents upon final approval by the City Attorney. (R. Blackketter)

11.L.

Consider for approval Change Order #7 for the contract with Main Lane Industries, Ltd., for the Reconstruction of Market Street from 25th Street to 19th Street project, decreasing the contract from $3,862,805.87 by the amount of $28,530.00 to a cost of $3,834,275.87. Authorizing the City Manager to execute all necessary documents upon final approval by the City Attorney. (R. Blackketter)

11.M.

Consider for approval Change Order #8 from Triple B Services, LLC, for the Sealy Avenue Improvements from 33rd to 25th project, increasing the contract amount from $2,638,276.28 by $57,813.25 to the new cost of $2,696,089.53, and increasing the term by 134 days to a new term of 596 calendar days. Authorizing the City Manager to execute all necessary documents upon final approval by the City Attorney. (R. Blackketter)

11.N.

Consider for approval Change Order #1 for the 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, decreasing the contract from $685,866.00 by the amount of $124,819.50 to a final cost of $561,046.50. (R. Blackketter)

11.O.

Consider approving the renewal of the Oracle database software maintenance contract for $22,943.25 utilizing DIR Contract TSO – 4158, Oracle America, Inc. (H. Dean)

11.P.

Consider for approval the payment of $40,180.79 to Tyler Technologies for software maintenance of the court case management system used by Municipal Court. The funding source is the Court Technology Fund.

11.Q.

Consider for approval the purchase and installation of furniture for the new Fire Station #1 located at 823 26th Street for a total cost of $149,620.64. The funding source is Governmental Expenditures - Capital Outlay. (M. Wisko)

  1. The purchase of office furniture from KI, a company that participates in the TX-MAS Purchasing Cooperative, at a total cost of $111,324.64.  This does not include installation.
  2. The purchase of bedding furniture from RT London, a company that participates in the TX-MAS Purchasing Cooperative, at a total cost of $23,796.20.  This does include installation.
  3. The installation of office furniture to the lowest bidder Office Furniture Innovations at a total cost of $14,500.00.
11.R.

Consider for approval to authorize payment for professional consulting services up to but not to exceed $50,000.00 pursuant to the contract between the City and Applied GRT, LLC are for FY 2018-19 (Legal).

11.S.

Consider for the approval allowing the Fleet Facility to receive the listed rolling stock and associated equipment from the Defense Logistics Agencies 1033 program, which allows excess US military equipment to be donated to law enforcement agencies, and authorize the City Manager to execute the contract upon final approval by the City Attorney. (D. Smith / Chief Hale)

11.T.

Consider for the approval of a resolution of the City Council of the City of Galveston approving the amended 2019 City of Galveston, Island Transit Title VI Plan as required by The Federal Transportation Administration and the Texas Department of Transportation. (D. Smith)

11.U.

Consider for the approval of a resolution of the City Council of the City of Galveston establishing certain special events as serving public purposes, authorizing the City Manager to execute the standard form agreement from the Texas Department of Transportation for temporary closure of state right of ways for each event along with all other necessary documents. (D. Smith)

11.V.

Consider for the approval allowing the Fleet Facility to purchase the listed rolling stock (two service pickups) and associated equipment from Silsbee Ford through HGAC Buy for a total price of $62,176 and authorize the City Manager to execute the contract upon final approval by the City Attorney. (D. Smith)

11.W.

Consider for the approval allowing the Fleet Facility to purchase the listed rolling stock (HD Hook-lift truck) and associated equipment from Houston Freightliner through HGAC Buy for a total price of $205,309 and authorize the City Manager to execute the contract upon final approval by the City Attorney. (D. Smith)

11.X.

Consider for approval minutes of the December 13, 2018 Workshop and Regular Meeting. (J. Williams)

11.Y.

Receive and file the Annual Reporting per Rate Schedule RCE (Rate Case Expense Surcharge Rider) effective July 27, 2016 for the Gulf Coast Service Area served by Texas Gas Service.

11.Z.

Receive and file the Galveston College Foundation 2018 Annual Report.

11.AA.

Receive and file the 2018 Report of Property Value - Galveston Central Appraisal District.

11.BB.

Consider approval to ratify the City Manager's action approving a contract with T-Construction, LLC to facilitate the emergency repairs to the sanitary sewer and storm sewer cave-in located at 25th Street and Strand due to public safety concerns in the amount of $39,970.00 consistent with Sec. 252.022 (a)(2) if the local Government Code. (K. Hockersmith)

Documents:
  1. T-Construction.PDF
12.

ACTION ITEMS

12.A.

Discuss and Consider Approval of $130,000 for Drainage and Roadwork Improvements for Stewart Beach. (Brown/Yarbrough)

12.B.

Discuss and consider for approval the letter to the US Army Corps of Engineers dated January 24, 2019 relating the City’s comments to the Coastal Texas Protection and Feasibility Study and the Tentatively Selected Plan and authorizing the Mayor of Galveston to sign same for immediate dispatch. (Legal)

12.C.

Discuss and consider request from Artist Boat for additional time to continue their commercial operations in a residential area. (Legal)

12.D.

Discuss and consider appointments to the following city boards, commissions, and committees:

  1. Sister Cities Program Committee
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 January 17, 2019 at 3:15 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).