NOTICE OF MEETING
CITY COUNCIL OF THE CITY OF GALVESTON
THURSDAY - JANUARY 25, 2018 - 1:15 P.M.
COUNCIL CHAMBERS - CITY HALL
823 ROSENBERG, GALVESTON, TEXAS
TELEPHONE: (409) 797-3510

 REGULAR AGENDA


1.

DECLARATION OF A QUORUM AND CALL MEETING TO ORDER

2.

ROLL CALL

3.

INVOCATION

Reverend Jude Ezuma, Holy Family Parish
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. Representative Wayne Faircloth
     b. Steve Gauen
     c. Michael Worthy
     d. I-HOP National Pancake Day
     e. Z Krewe Day
     f. National Drug and Alcohol Facts Week

4. Reminders regarding City Council events

5. Reminders regarding community events

6. Health and safety announcements
7.

COMMUNICATIONS AND PETITIONS


7.A.

Claims

17-130 Giovannini, John; 17-131 Malott, James; 17-132 Kane, George; 17-133 Monroe, Ronnie; 17-134 Hertel, Kem; 17-135 Smith, Ray; 17-136 Stetzel, Sharon; 17-137 Oliver, Jr., Marion; 17-138 Vasat, Stephanie; 17-139 Chavarria, Kitty; 17-140 Hughes, Heather; 17-141 Greer, Vance; 18-001 Karpivk, Richard; 18-002 Ott, Daniel.
8.

PUBLIC HEARINGS

8.A.

Porretto Beach Abandonment

Consider for approval an Ordinance of the City of Galveston, Texas, abandoning approximately 237,083 square feet of city street and alley rights-of-ways, encompassing portions of Avenue L, Avenue M, Avenue M ½, 6th Street, 7th Street 8th Street and 9th Street; adjacent properties are legally described as Lots 1 and 2, Block 6; Lots 3 and 4, Block 6; M Menard Survey, Lots 8 through 14 (5-0), Block 6; M Menard Survey, Lots 5 through 7, Block 6 (5-1); M Menard Survey, Lots 8 through 14 (5-0), Block 6; Lots 1 through 3, Block 7; Lots 4 and 5, Block 7; Lots 6 and 7, Block 7; Lots 8 through 10, Block 7; M Menard Survey, Lot 11 and the east 41 feet 10 inches of Lot 12, Block 7; M Menard Survey Lots 13, 14 and w 1 ft of Lot 12, Block 7; Lot 8 and east 1/2 of lot 9, Block 8; portion of Lots 9 through 11 (9-1), Block 8; south portion of Lot 10 (10-1), Block 67; portion of Lots 8 and 9 (8-1), Block 67; Lots 1 through 14, southeast Block 24, Galveston Outlots; portion of Lots 7 through 12, northeast Block 24, Galveston Outlots; Lots 1 through 14, southwest Block 25, Galveston Outlots; Lot 1, southeast Block 25, Galveston Outlots; Lots 1 through 7, northeast Block 25, Galveston Outlots; Lots 8 through 14, northeast Block 25, Galveston Outlots; Lot 1 and 1/2 of adjacent street, northwest Block 25, Galveston Outlots; Lot 2, northwest Block 25, Galveston Outlots; Lots 3 and 4, northwest Block 25, Galveston Outlots; and Lots 5 through 14, northwest, in the City and County of Galveston, Texas; Planning Case Number 17P-070; making various findings and provisions related to the subject. (T. Tietjens)
8.B.

Consider for action an Ordinance of the City of Galveston Texas, creating a Planned Unit Development (PUD) Overlay zoning district in an Urban Neighborhood (UN) Base zoning district on a property commonly known as 3826 Avenue R, and which is legally described as Galveston College Addition No. 2 (2017), abstract 628, Lot 1, in the City and County of Galveston, Texas, in order to construct a Multi-Family Residential structure to be used for Galveston College student housing: Planning Case number 17P-060; Making various findings and provisions related to the subject; and providing of an effective date. (J. Norman)

8.C.

Consider for approval an Ordinance of the City of Galveston, Texas, authorizing, adopting and approving the Second Amended and Restated Development Agreement, together with each of its attachments for the Beach Town East Development in Reinvestment Zone Number 13 (Ordinance No. 01-102) in order to clarify and to amend certain provisions in settlement of disputes between the parties. (Legal)

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 provisions of Chapter 24, "Offenses—Miscellaneous", Section 24-6, “Curfew for Minors” of "The City Code of Galveston, 1982, As Amended”; providing for an effective date and sunset provision; making various findings and provisions related to the subject. (Legal)

10.B.

Consider for approval an Ordinance of the City of Galveston, texas, ordering and calling an Election to be held in the City of Galveston on the 5th day of May, 2018, for the purpose of electing a Mayor At-Large and six (6) District Council Members, each for a two-year term; making provisions for the conduct and giving notice of the Election; designating Polling Places; designating hours for voting; providing for publication of the Notice of the Election; providing bilingual Election requirements; providing for a severability clause; providing an open meetings clause; providing a savings clause; declaring findings of fact; and providing for an effective date.

10.C.

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”; to consolidate into one document the various documents governing building activities, and permitting; and authorize submittal of the text amendment to the Texas General Land Office for its consideration and certification; Planning Case number 17PA-058; making various findings and provisions related to the subject. (D. Henry)


10.D.

Consider for approval an ordinance of the City of Galveston, Texas, specifying the number of classified civil service Police Department personnel positions at 163; increasing the number of Police Officer positions from 127 to 132; and making various findings and provisions related to the subject (K. Etienne)

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 (“the City”), approving an interlocal agreement with the Treasure Island Municipal Utility District (“Treasure Island”) providing for the supply of water to Treasure Island 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 the payment of $35,636.97 to Tyler Technologies for software maintenance of the Court Case Management system used by Municipal Court. The funding source is the General Fund Maintenance Contracts Account. (G. Lopez)

11.C.

Consider for approval a request authorizing the City Manager to execute two separate Assignments of Lease Agreements assigning the two Leases commencing January 1, 2010, between the City of Galveston and Jack Robinson to Dewey Grinslade, upon final approval by the City Attorney. (M. Shahan)


11.D.

Consider for approval the purchase of the Gray Aviation, Inc. T-Hangar at the Scholes International Airport at a Cost Not-to-Exceed $73,000.00. (M. Shahan)


11.E.

Consider for approval authorizing the City Manager to pay Basic Police Academy tuition costs to College of the Mainland for fourteen (14) Police Cadets in the amount of $21,700.00. (R. Boyle)

11.F.

Consider for approval the acceptance of RFP 18-02A for a (3) year contract with (2) one year extensions with ABM Texas General Services Inc. for Janitorial Services for the City of Galveston. (C.Kenworthy)

11.G.

Consider for approval the acceptance of Bid 18-002A for a (3) year contract with (2) one year extensions with Way Engineering LTD for HVAC (Heating Ventilation, Air Conditioning) Services for the City of Galveston. (C. Kenworthy)

11.H.

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 closer of state right of ways for each event along with all other necessary documents. (D. Smith)

11.I.

Consider for the approval allowing overnight parking and/or camping on Seawall Blvd., from February 2nd through February 4th, which is the first weekend of the 2018 Mardi Gras event. (D. Smith)

11.J.

Consider for the approval of the deductive change order of $5,425 for Main Lane Industries for Island Transits revitalization of the trolley tracks construction project which is now complete. The original approved amount was $1,982,033. Funding source: FTA grant, Capital Reserve, HOT and FEMA accounts, Bid: 16-017. (D. Smith)

11.K.

Consider for the approval of a one year extension of the annual bulk fuel contracts to the responding bidders that conformed to the specifications in bid #17-007; SC Fuels, and Apache Oil, and authorize the City Manager to execute the contract upon final approval by the City Attorney. The funding source is the Fleet Facilities fuel and lubricants account. This option is allowed as defined in the terms of the original contract. (D. Smith)

11.L.

Consider for the approval allowing the Sanderson family to purchase the GPD duty weapon of the late Officer Christopher Sanderson for the fair market value of $375 which is allowed by statute 614.051 on the Texas Local Government code, and has been approved by the Police Chief. (D. Smith)

11.M.

Consider for the approval allowing the Fleet Facility to purchase the listed service vehicle(s) and associated equipment from Caldwell County Chevrolet who was the lowest bidder for a total price of $43,290 and authorize the City Manager to execute the contract upon final approval by the City Attorney. (D. Smith)

11.N.

Consider for the approval of a resolution of the City Council of the City of Galveston approving the amended 2017 Galveston County Transit District Title VI Plan as required by The Federal Transportation Administration and the Texas Department of Transportation. (D. Smith)

11.O.

Consider for the approval allowing the Fleet Facility to purchase two (2) John Deere 410L Backhoes and associated equipment from Doggett Heavy Machinery through Buy Board for a total price of $206,000 and authorize the City Manager to execute the contract upon final approval by the City Attorney. (D. Smith)

11.P.

Consider for the approval allowing the Fleet Facility to purchase two (2) Freightliner M2-106 service trucks and associated equipment from Houston Freightliner through HGAC Buy for a total price of $217,169 and authorize the City Manager to execute the contract upon final approval by the City Attorney. (D. Smith)

11.Q.

Consider for the approval allowing the acceptance of a donation of one new Kubota SSV75 tire loader and front grapple valued at $39,276 from the Kubota Tractor Company through the Lansdowne-Moody dealership. The donation is to assist regions that were damaged by Hurricane Harvey which was coordinated through Fire Chief Mike Wisko. (D. Smith)

11.R.

Consider approval of a Professional Services Agreement with LJA Engineering in an amount not to exceed $84,800.00 for engineering services for the streetlights damaged by Hurricane Harvey. Authorizing the City Manager to execute all necessary documents upon final approval by the City Attorney.

11.S.

Consider for approval Change Order #3 for the contract with Lucas Construction Co., Inc., for the 51st Street Improvements from Broadway to Postoffice, decreasing the contract from $1,425,874.80 by the amount of $33,904.00 to a new cost of $1,391,970.80, and increasing the term by 42 days to a new term of 252 calendar days. The funding source will be the CDBG Disaster Recovery Non-Housing Round 2.2 program. (R. Blackketter)

11.T.

Consider for approval Change Order #3 from Triple B Services, LLC, for the Stewart Road/Ave S (61st to 53rd Street) project, in the amount of $97,964.32 increasing the contract amount from $2,743,126.25 to $2,841,090.57. The funding source will be the CDBG Disaster Recovery Non-Housing Round 2.2 program. (R. Blackketter)

11.U.

Consider for approval Change Order #1 from Triple B Services, LLC, for the Sealy Avenue Improvements from 33rd to 25th project, increasing the contract amount from $2,468,141.50 by $46,200.00 to the new cost of $2,514,341.50, and increasing the term by 131 days to 341 calendar days. The funding source will be the CDBG Disaster Recovery Non-Housing Round 2.2 program. (R. Blackketter)

11.V.

Consider for approval of Change Order #4 from Conrad Construction Co., Ltd., for the Saladia Avenue Reconstruction (Heards Lane - Stewart Road) project, decreasing the contract from $1,891,723.47 by the amount of $82,255.99 to a new cost of $1,809,467.48. The funding source will be the CDBG Disaster Recovery Non-Housing Round 2.2 program. (R. Blackketter)

11.W.

Consider for approval awarding the construction contract to RJN Group for $34,010 for mobilization and performance of field leak detection services on the 20 inch Yacht Basin Waterline. Authorizing the City Manager to execute all necessary documents upon final approval by the City Attorney. (D. Christodoss)

11.X.

Consider for approval the purchase of Ultra Violet (UV) Light Bulbs from SUEZ Treatment Solutions Inc. for the Main Wastewater Treatment Plant at a cost of $18,492.60. (A. Grasso)

11.Y.

Consider for approval a Resolution of the City Council of the City of Galveston, Texas, extending the Broadway Advisory Group Ad Hoc Committee; continuing the committee’s duties, term, membership, quorum, voting, meetings, and rules of procedure until May 31, 2018; providing a date for dissolution and sunset of the committee; providing for findings of fact and providing for an effective date. (Yarbrough)

11.Z.

Consider for approval minutes of the November 9, 2017 Workshop and Regular Meeting, and the December 14, 2017 Workshop and Regular Meeting. (J. Williams)

11.AA.

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. (J. Williams)

11.BB.

Receive and file the Summary of Votes of the Galveston Central Appraisal District Board of Directors Election. (J. Williams)

11.CC.

Consider for Action accepting a Correction Instrument to cure a deficiency of the conveyance of real property being: (Respectively) Lot 1 and Lot 2, of Block 509 “A” Resubdivision of Lots 9 and 10 (.082 acres) in the City and County of Galveston, Texas; providing for execution of a deed with the corrected legal description; authorizing the City Manager to accept the conveyance of the previously conveyed but incorrectly described parcel and authorizing the City Manager to execute those documents in relation thereto. (Legal)

11.DD.

Consider for approval authorizing the City Manager to execute a new Gold Maintenance Agreement, with Addendum 1, between ThyssenKrupp Elevator Corporation, a sole-source vendor, and the City of Galveston, for the elevator equipment at the air traffic control tower at Scholes International Airport for a three-year period with a two-year option, upon final approval by the City Attorney. (M. Shahan)


12.

ACTION ITEMS

12.A.

Discuss and consider for action results of the January 4, 2018 Public Meeting on Proposed Elimination of Weekday Lifeline Route (7:30-11:30 PM), Elimination of Weekend Evening Service (after 7:00 PM), and Potential Revision of Weekend Lifeline Route for a wider coverage area, with a 1-Hour Headway. (R. Beverlin)

12.B.

Discuss and consider for action authorizing the City Manager to provide for broadcast of the Planning Commission meetings on G-TV and Facebook Live, and posting and indexing the video recordings on the City's website. (Maceo/Yarbrough)

12.C.

Consider for approval a Resolution of the City Council of the City of Galveston, Texas, submitting the name of one (1) nominee for election to the Galveston Central Appraisal District board of directors; directing the city secretary to send a certified copy of this resolution to the Galveston Central Appraisal District; providing for findings of fact and providing for an effective date. (Legal)

12.D.

Discuss and consider for action appointments to the Galveston Housing Finance Corporation/Galveston Property Finance Authority for the Mayoral and District 2 Positions. (Yarbrough/Brown)

12.E.

Discuss and consider for action to Extend the passage of voting on the LDR revisions to April, 2018 to allow more time for public comment and input for additional revisions &/or corrections. (Tarlton-Shannon/Yarbrough)

12.F.

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.

13.

ACTION ITEMS (RESULTING FROM EXECUTIVE SESSION)


13.A.

Discuss and consider a Resolution of the City of Galveston authorizing engagement of the firm of Lloyd Gosselink Rochelle and Townsend P.C. of Austin Texas to pursue a claim of outstanding franchise fees owed by Comcast to the City of Galveston and other municipalities, authorizing the initiation of litigation against the Comcast Corporation to collect such fees in conjunction with other municipalities which have chosen to participate in the litigation; and authorizing the City Attorney to execute an agreement to finalize such representation in accordance with the terms and conditions set forth herein. (Legal)

14.

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 22, 2018 at 1:15 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).