NOTICE OF MEETING
CITY COUNCIL OF THE CITY OF GALVESTON
THURSDAY - OCTOBER 17, 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

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.  Domestic Violence Awareness Month Proclamation
 B.  Spinal Health Month Proclamation
 C.  Breast Cancer Awareness Month Proclamation
         D. Presentation from Rosenberg Elementary School Students

4. Reminders regarding City Council events

5. Reminders regarding community events

6. Health and safety announcement
6.B.

Promotion of James Pope to Chief Deputy in the City Marshal's Office

6.C.

2019 Planning & Design Awards (C. Gorman - 5 Minutes)

7.

COMMUNICATIONS AND PETITIONS

Claims:  19-078 - Hunter Marsh; 19-079 - John Powell; 19-080 - PetSmart #2199; 19-081 - National UPC Insurance; 19-082 - Michael Minick; 19-083 - Sean M. Welsh; 19-084 - Deshawndo Williams; 19-085 - CenterPoint Energy; and 19-086 - Ollive Shepherd.
8.

PUBLIC HEARINGS

8.A.

Consider For Action An Ordinance Of The City Of Galveston Texas, Amending Ordinance No. 18-011 Allowing For A New Development Schedule Of A Planned Unit Development (PUD) Overlay Zoning District In A Single-Family Residential (R-1) Base Zoning District On A Subdivision Commonly Known As West Isle, And Which Is Legally Described As 100.79 Acres Of Land Out Of Abstract 121 Hall & Jones Survey Tr 1-7 Acres 219.885, a Subdivision In The City And County Of Galveston, Texas. Planning Case Number 19P-038; Making Various Findings And Provisions Related To The Subject; And Providing Of An Effective Date. (D. Henry)



8.B.

Consider For Approval An Ordinance Of The City Of Galveston, Texas, Designating The Property Located At 1107 Church / Avenue F, As A “Galveston Landmark”, Property Is Legally Described As M. B. Menard Survey, Lot 5, Block 371, 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-046; Making Various Findings And Provisions Related To The Subject. (C. Gorman)

8.C.

Consider for Approval An Ordinance Of The City Of Galveston, Texas, Designating The Property Located At 2201 Market/Avenue D, As A “Galveston Landmark”, Property Is Legally Described As M.B. Menard Survey, Lots 6 And 7, Block 502, 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; Designating The Site As A Historically Or Archeological Significant Site In Need Of Tax Relief To Encourage Its Preservation; Planning Case No. 19P-049; Making Various Findings And Provisions Related To The Subject. (C. Gorman)

8.D.

Consider For Approval An Ordinance Of The City Of Galveston, Texas, Granting A Variance Pursuant To Section 4-1 “Sales Near Schools, Churches Or Hospitals” of “The Code Of The City Of Galveston, 1982 As Amended” And In Accordance With Section 109.33 (e) Of The Texas Alcoholic Beverage Code; Regarding The Sale Of Alcoholic Beverages On Property Located At 3316 Church/ Avenue F; Which Is Legally Described As “Flastaff Place Partial Replat (2018), Lot 3-A, In The City And County Of Galveston, Texas And Which Is Located Within Three Hundred Feet Of A School, Church, Or Hospital; Planning Case Number 19PA-044; Making Various Findings And Provisions Related To The Subject. (J. Norman)

Documents:
  1. 19PA-044 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, Amending Chapter 10, "Building Code," Of “The Code Of The City Of Galveston, 1982; As Amended”, By Amending The “2012 International Residential Code Amendments”, “Attachment A”, “Appendix R”, “Fees” To Comply With State Law Legislative Changes Related To Permit Fees; Providing For An Effective Date; Making Various Findings And Provisions Related To The Subject. (T. Sukup)

10.B.

Ordinances - City Code Review

10.B.1.

Consider For Approval An Ordinance Of The City Of Galveston, Texas, Amending The Code Of The City Of Galveston, As Amended, Chapter 1, “General Provisions” To Amend, Update Regulations, Standards, And Definitions; To Make Clarifications, Rename, Renumber And Rearrange The Chapter As Applicable; Providing For Penalties As Applicable; Making Various Findings And Provisions Related To The Subject; Providing For An Effective Date. (Legal)

10.B.2.

Consider For Approval An Ordinance Of The City Of Galveston, Texas, Amending The Code Of The City Of Galveston, As Amended, Chapter 3, “Airports” To Amend, Update Regulations, Standards, And Definitions; To Make Clarifications, Rename, Renumber And Rearrange The Chapter As Applicable; Providing For Penalties As Applicable; Making Various Findings And Provisions Related To The Subject; Providing For An Effective Date. (Legal)

10.B.3.

Consider For Approval An Ordinance Of The City Of Galveston, Texas, Amending The Code Of The City Of Galveston, As Amended, Chapter 7, “Animals And Fowl”, To Amend, Update Regulations, Standards, And Definitions; To Make Clarifications, Rename, Renumber And Rearrange The Chapter As Applicable; Providing For Penalties As Applicable; Making Various Findings And Provisions Related To The Subject; Providing For An Effective Date. (Legal)

10.B.4.

Consider For Approval An Ordinance Of The City Of Galveston, Texas, Amending The Code Of The City Of Galveston, As Amended, Chapter 11, “Cemeteries” To Amend, Update Regulations, Standards, And Definitions; To Make Clarifications, Rename, Renumber And Rearrange The Chapter As Applicable; Providing For Penalties As Applicable; Making Various Findings And Provisions Related To The Subject; Providing For An Effective Date. (Legal)

10.B.5.

Consider An Ordinance Of The City Of Galveston, Texas, Amending The Code Of The City Of Galveston, As Amended, Chapter 22.5, “Neighborhood Partnership Program” To Amend, Update Regulations, Standards, And Definitions; To Make Clarifications, Rename, Renumber And Rearrange The Chapter As Applicable; Providing For Penalties As Applicable; Making Various Findings And Provisions Related To The Subject; Providing For An Effective Date. (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 directing the City Auditor to amend the City Audit Plan for 2020 to assist the Port of Galveston with review of leases held by the Port. (Brown/Yarbrough)

11.B.

Consider for approval accepting the City Auditor's Report on the Port of Galveston CAFR Audit Report PORTSP2019-1b. (G. Bulgherini)

11.C.

Consider For Approval A Resolution Of The City Council Of The City Of Galveston, Texas, Expressing Its Intent To Close Tax Increment Reinvestment Zones 12 And 14 In The City Of Galveston; Acknowledging The County Of Galveston’s Support For Such Closure; Directing The Galveston Island Redevelopment Authority To Take All Necessary Steps To Wind Up Agreements With The Developers And/Or Lenders Of Those Zones With All Deliberate Speed And Make Periodic Reports Of The Progress Of Those Efforts So As To Allow The City To Effect Closure Of Both Zones In December 2019; And Providing For Findings Of Fact And For An Effective Date. (Legal)


11.D.

Consider For Approval A Resolution Of The City Council Of The City Of Galveston, Texas, Approving And Authorizing The City Manager To Convey To The Galveston Bay Foundation Real Property Consisting Of Two Parcels Of Five Acres Each Northwest Of Broome Road And Wren Road 400 Feet To The East Of Sweetwater Lake, Authorizing Payment Of Stewardship Fee Of $34,166.66 To Galveston Bay Foundation, Authorizing Use Of Southland Title Company To Prepare The Title Policy And Closing Documents With The City Paying The Costs Thereof, Authorizing The City Manager To Execute The Necessary Documents Upon Approval Of The City Attorney; Directing City Manager To Seek Reimbursement Of Associated Costs From The General Land Office; Providing For Findings Of Fact And Providing For An Effective Date. (Legal)

11.E.

Consider For Approval A Resolution Of The City Council Of The City Of Galveston, Texas, Supporting A Request To The United States Department Of The Interior, Bureau Of Reclamation Policy And Administration For WaterSMART: Water And Energy Efficiency Grants For Fiscal Year 2020 Funding In The Amount Of Three Hundred Thousand Dollars ($300,000) For Various Water Efficiency And Conservation Projects Within The City Of Galveston; Authorizing The City Manager Or His Designee To Submit All Required Grant Applications, Information And Data To Support Same; Making Various Findings And Provisions Related To The Subject; And Providing For An Effective Date. (R. Pugh)

11.F.

Consider for approval a Memorandum of Understanding between the City of Galveston and Galveston College for the continuation of the Leadership Pathway Training Program. (K. Etienne)

Documents:
  1. COG_MOU_9_25.19.pdf
11.G.

Consider approval of DCMC Partners Task Order #2 to the Disaster Services contract awarded on October 31, 2018 authorizing the expenditure of an amount not to exceed $105,968.00 for Technical Assistance and disaster consulting services. (T. Wrobleski)

11.H.

Consideration of Annual (2019-2020) Service Plan for Bayside at Waterman's Public Improvement District (PID) and associated resolution thereof. (G. McLeod)

11.I.

Consider for approval an Economic Development Agreement between the Industrial Development Corporation, and the City of Galveston for improvements and the maintenance of those improvements along 27th Street from Broadway to Market Street. (G. McLeod)

11.J.

Consider for approval the permitting of overnight camping in the areas of 25th to 21st and Seawall Blvd. from Thursday, October 31, 2019 through Sunday, November 3, 2019, which will allow the Lone Star Rally vendors the availability to setup in the event venue. (D. Smith)

11.K.

Consider for the approval allowing the Fleet Facility to purchase the listed rolling stock (tractor mower) and associated equipment from Brookside Equipment Sales via Deere and Company through HGAC Buy for a total price of $76,580.22 and authorize the City Manager to execute the contract upon final approval by the City Attorney. (D. Smith)

11.L.

Consider for the approval allowing the Fleet Facility to purchase the listed rolling stock (HD crane truck) and associated equipment from MHC Kenworth through Buy Board for a total price of $180,620.19 and authorize the City Manager to execute the contract upon final approval by the City Attorney. (D. Smith)

11.M.

Consider for the approval allowing the Fleet Facility to purchase the listed rolling stock (dozer & loader) and associated equipment from Mustang Cat through HGAC Buy for a total price of $233,914.80 and authorize the City Manager to execute the contract upon final approval by the City Attorney. (D. Smith)

11.N.

Consider for the approval allowing the Fleet Facility to purchase the listed emergency equipment from Siddons Martin Emergency Group, who will also provide all installations, through Buy Board, for a total price of $22,335.96, and authorize the City Manager to execute the contract upon final approval by the City Attorney. (D. Smith)

11.O.

Consider for approval to continue the League City OSSI GRID Consortium with the expenditure of $31,186.77 to maintain off-site system servers allowing full access to a multi-agency records management system. (V. Hale)

11.P.

Consider for Approval the Police Department's Annual Renewal of the Leads Online Investigation System totaling $15,533 to be funded by the Maintenance Contracts Account. (V. Hale)

11.Q.

Consider for approval of a contract with Angel Brothers Enterprises Ltd., for the 49th Street Improvements from Ave P to Ave S 1/2 project (RFP #19-29) in the amount of $3,649,779.25. Authorizing the City Manager to execute all necessary documents upon final approval by the City Attorney. (D. Anderson)

11.R.

Consider for approval Change Order No. 3 to the contract with Main Lane Industries, Ltd., for the 45th Street Improvements from Broadway to Seawall Boulevard project, increasing the contract by $359,018.80 from the amount of $10,020,253.00 to a new total amount of $10,379,271.80. Authorizing the City Manager to execute all necessary documents upon final approval by the City Attorney. (D. Anderson)

11.S.

Consider for approval awarding the RFQ 19-01, 15th Street Pump Station Design and Engineering to T. Baker Smith (TBS), the most qualified respondent, so the Engineering Fee can be negotiated and submitted to City Council for Design Fee Award in November. (D. Christodoss)

11.T.

Consider for approval awarding the Pirates Beach Area Water Improvements Project (RFP-19-28) to T-Construction, LLC for an amount not to exceed $615,290.00. Authorizing the City Manager to execute all necessary documents upon final approval by the City Attorney. (A. Grasso)

11.U.

Consider for approval the financing of the annual maintenance contract on the chemical disinfection analyzer systems for various Supply Division pump station and elevated water storage tanks from the sole source provider CFI Services. The annual cost of the contract is $66,209.00. Authorizing the City Manager to execute all necessary documents upon final approval by the City Attorney. (A. Grasso)

11.V.

Consider for approval an annual service fee to Municipal H2O in the amount of $7,800.00 per year to implement a Risk Management Program as required by the Environmental Protection Agency for a period of 5 years. Funding source is the Other Expense Water Work Operation Fund – Other Contracts Account (25%) and the Sewer System Enterprise Account (75%). (A. Grasso)

11.W.

Consider for approval a payment of an amount not to exceed $50,000.00 to T Construction, LLC for Emergency Repairs to the 8 Inch Sanitary Sewer System on 25th Street at the Postoffice - Church Street Alley. Authorizing the City Manager to execute all necessary documents upon final approval by the City Attorney. (A. Grasso)

11.X.

Consider awarding the Annual Fire Hydrant Replacement Project (RFP 19-27) to Texas Pride Utilities, LLC for an amount not to exceed $1,985,000.00. Authorizing the City Manager to execute all necessary documents upon final approval by the City Attorney. (A. Grasso)

11.Y.

Consider for approval the use of the cooperative purchasing contract through the HGAC Contract from Toter Incorporated for the purchase of EVR 1 Series 96 Gallon Automated Rollout Garbage Carts and repair parts. Authorizing City Manager to execute all necessary documents upon final approval by the City Attorney. (C. DeWitt)

11.Z.

Consider for approval the renewal of the annual maintenance support agreement for City’s Enterprise Content Management solution (ECM), Laserfiche, awarding the contract to MCCi in the amount of $42,595.70. (H. Dean)

11.AA.

Consider for action authorizing the City Manager to enter into a 3 year maintenance and support agreement with Accela, Inc for the maintenance and support of the permitting, mobile office, code enforcement and parcel management software. (H.Dean)

11.BB.

Consider approving the renewal of the VMware software maintenance contract for $25,886.51. (H. Dean)

11.CC.

Consider For Approval A Resolution Of The City Council Of The City Of Galveston, Texas, Accepting The City’s Portion Of A 2019 Byrne Justice Assistance Grant From The Department Of Justice In A Joint Total Amount Of $33,578.00, And Said City Portion To Provide For The Purchase Of Equipment (Tactical Patrol Equipment) For The Marshals Office And The City Of Galveston’s Police Department; Authorizing The City Manager To Execute An Interlocal Agreement With Galveston County; Appointing The County As Fiscal Agent For The Grant; Dividing The Total Grant Award Between The Parties; Providing For Findings Of Fact And Providing For An Effective Date. (B. Stroud)

11.DD.

Consider for approval a 3-year contract with 2 one-year optional years for a total of 5 years. This contract is for a vehicle disabling device (Barnacle) provided by ITSA Solutions LLC, which is a sole source provider for this type of device, and authorize the City Manager to execute the contract upon final approval by the City Attorney. (B. Stroud)

11.EE.

Consider approving purchases of operational supplies using the contract with The Home Depot U.S.A., Inc. through the U.S. Communities purchasing cooperative. Estimated costs for products not to exceed Council approved budgets. (M. Loftin)

11.FF.

Consider approving purchases of operational supplies using the contract with Amazon Services, LLC, Amazon Business through the U.S. Communities purchasing cooperative. Estimated costs for products not to exceed Council approved budgets. (M. Loftin)

11.GG.

Consider approving purchases of office supplies, technology items, furniture, and janitorial supplies using The Cooperative Purchasing Network’s (TCPN) contract with Office Depot. Estimated costs for products not to exceed Council approved budgets.or products not to exceed Council approved budgets. (M. Loftin)

11.HH.

Consider approving purchases of operational supplies using the contract with Sam’s Club through the Purchasing Association of Cooperative Entities (PACE) purchasing cooperative. Estimated costs for products not to exceed Council approved budgets. (M. Loftin)

11.II.

Consider approving purchases of maintenance, repair, safety and operational (MRO) supplies and related services using the contract with Grainger through The Cooperative Purchasing Network (TCPN/National IPA) purchasing cooperative. Estimated costs for products not to exceed Council approved budgets. (M. Loftin)

11.JJ.

Consider approving purchases of office and other operational supplies using the contract with Staples Contract and Commercial, Inc. through the BuyBoard purchasing cooperative. Estimated costs for products not to exceed Council approved budgets. (M. Loftin)

11.KK.

Consider approving purchases of maintenance, repair, and operational (MRO) supplies and related services using the contract with Fastenal Company through The Cooperative Purchasing Network (TCPN/National IPA) purchasing cooperative. Estimated costs for products not to exceed Council approved budgets. (M. Loftin)

11.LL.

Consider approving purchases of building maintenance, repair, operations supplies and equipment using the contract with McCoy’s Building Supply through the BuyBoard purchasing cooperative. Estimated costs for products not to exceed Council approved budgets. (M. Loftin)

11.MM.

Consider for approval minutes of the September 12, 2019 Special Meeting and the September 19, 2019 Workshop and Regular Meeting. (J. Williams)

11.NN.

Receive and file the following documents:

  1. Mayor Yarbrough's appointment of Betty Massey to the Galveston Housing Authority.
  2. Galveston County Emergency Community District FY 2020 Budget
  3. Tropical Storm Imelda Emergency Declarations
11.OO.

Receive and file: Texas Division of Emergency Management (TDEM) Award Documents for the Phase I Hazard Mitigation Grant Program (HMGP), DR-4332, Hurricane Harvey. (T. Wrobleski)

11.PP.

Receive and file: Section 2-73 of the city charter requires that the council members are to be informed of auction sales that exceed $1,000. This staff report represents the receiving and filing of all auction sales for fiscal year 2018-19. (D. Smith)

11.QQ.

Receive and file the Holiday Schedule for the 2020 Calendar Year. (B. Maxwell)

11.RR.

Consider for approval a memorandum of understanding between the City of Galveston and the International Economic Development Council for participation in IEDC's Volunteer Program for Economic Recovery (G. McLeod)

12.

ACTION ITEMS

12.A.

Consider For Approval Confirmation Of Charles Olsen As Fire Chief As Appointed By The City Manager. (K. Etienne)

12.B.

Consider For Approval A Resolution Of The City Council Of The City Of Galveston, Texas, Establishing And Proclaiming The City Of Macharaviaya, Spain As Its Sister City; Directing The City Secretary To Provide A Certified Copy Of This Resolution To The Mayor; Providing For Findings Of Fact And Providing For An Effective Date. (N. De La Fuente)

12.C.

Consider For Approval A Resolution Of The City Council Of The City Of Galveston, Texas Approving An Interlocal Agreement With The City Of Galveston And The Galveston Beach Park Board Of Trustees Providing For Terms And Conditions For The Management And Control Of Various City Parks And Properties, The Maintenance Of Beaches And Parks, Providing For The Provision Of Funding Mechanisms Between The Entities, The Collection Of Hotel Occupancy Taxes, Insurance And Disaster Related Services, Use Of Facilities Operated By The Park Board, Purchasing Methods, Operation Of Paid Parking On The Seawall, Providing For Findings Of Fact And Providing For An Effective Date. (Legal)

12.D.

Discuss and consider approval of the 2020 City Council meeting schedule. (Yarbrough)

12.E.

Discuss and consider for action approval of Planning Case Number 19P-030 (Adjacent to One Moody Plaza / 1902 Market/Avenue D) Request for License to Use in order to place a public plaza and appurtenant public improvements within the right of way of 20th Street between Mechanic Street and Market Street. Adjacent property is legally described as Block 559 in the City and County of Galveston, Texas. Adjacent property owner: American National Insurance Company Easement Holder: City of Galveston. (T. Tietjens)

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 October 11, 2019 at 12:30 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).