NOTICE OF MEETING
CITY COUNCIL OF THE CITY OF GALVESTON
THURSDAY - OCTOBER 22, 2020 - 1:15 P.M.
VIRTUAL ZOOM MEETING

Notice is hereby given in accordance with Order of the Governor issued March 16, 2020, the City Council of the City of Galveston will conduct its Special Meeting by telephone/video conference in order to advance the public health goal of limiting face-to-face meetings (also called "social distancing") to slow the spread of the Corona Virus/COVID-19.  There will be no public access to the location described above.

REGULAR MEETING AGENDA


1.

DECLARATION OF A QUORUM AND CALL MEETING TO ORDER

2.

ROLL CALL

3.

CONFLICTS OF INTEREST

4.

PRESENTATIONS/REPORTS OF COUNCIL, OFFICER BOARDS, AND CITY MANAGER



4.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.  Breast Cancer Awareness Month Proclamation
      c.  National Adoption Day Proclamation
    
4. Reminders regarding City Council events

5. Reminders regarding community events

6. Health and safety announcement
4.B.

Planning Commission - 2020 Planning and Design Awards

5.

PUBLIC HEARINGS

5.A.

Landmark Designation - 1408 Ursuline/Avenue N

Consider For Approval An Ordinance Of The City Of Galveston, Texas, Designating The Property Located At 1408 Ursuline / Avenue N, As A “Galveston Landmark”, Property Is Legally Described As M.B. Menard Survey, West 14-2 Feet Of Lot 9 And East 14-4 Feet Of Lot 10 (2009-2), Southwest Block 22 Galveston Outlots, A Subdivision, 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 Number 20P-025; Making Various Findings And Provisions Related To The Subject. (D. Lunsford)
Documents:
  1. 20P-025 CC PKT.pdf
5.B.

Consider For Approval An Ordinance Of The City Of Galveston, Texas, Designating The Property Located At 1615 Avenue K, As A “Galveston Landmark”, Property Is Legally Described As M. B. Menard Survey, Lot 4, Block 76, A Subdivision 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 20P-030; Making Various Findings And Provisions Related To The Subject. (D. Lunsford)

Documents:
  1. 20P-030 CC PKT.pdf
5.C.

Consider For Approval An Ordinance Of The City Council Of The City Of Galveston, Texas, Declaring A Planned Unit Development Overlay (PUD) In A Residential, Single Family-One (R-1-PUD) Base Zoning District On Property Commonly Known As 4507 And 4509 Bernardo De Galvez / Avenue P, And Which Is Legally Described As M. B. Menard Survey, Lot 8, Block 109, Denver Resurvey; And M.B. Menard Survey, Lots 9, 10, Block 109, Denver Resurvey, In The City And County Of Galveston Texas As Expired; Revoking, Terminating, Repealing Or Otherwise Cancelling Ordinance No. 15-033; Planning Case Number 20P-026; Making Various Findings And Provisions Related To The Subject And Providing For An Effective Date. (D. Lunsford)

5.D.

Consider For Approval An Ordinance Of The City Of Galveston, Texas, Granting A Specific Use Permit In Order To Operate A “Substance Abuse Facility” In The Commercial, Height And Density Development Zone, Zone 6 (C-Hddz-6) And Residential, Single-Family, Height And Density Development Zone, Zone 6 (R-1-Hddz-6) Zoning District On Property Commonly Known As 11279 Stewart Road And Legally Described As The Northeast Part Of Lot 39 (39-1), Trimble And Lindsey Survey, Section 2, In The City And County Of Galveston, Texas; Planning Case Number 20p-027; Making Various Findings And Provisions Related To The Subject. (A. Montalvan)

5.E.

Consider For Approval An Ordinance Of The City Of Galveston, Texas, Changing The Zoning From Residential, Single-Family, Height And Density Development Zone, Zone 6 (R-1-Hddz-6) To Commercial, Height And Density Development Zone, Zone 6 (C-Hddz-6) Zoning District On Property Commonly Known As 11279 Stewart Road And Legally Described As The Northeast Part Of Lot 39 (39-1), Trimble And Lindsey Survey, Section 2, In The City And County Of Galveston, Texas; Planning Case Number 20p-028; Making Various Findings And Provisions Related To The Subject. (A. Montalvan)

6.

PUBLIC COMMENT

Members of the public may submit a public comment using the web link below.  All comments submitted prior to the meeting will be provided to the City Council. 

https://forms.galvestontx.gov/Forms/PublicComment

A. Agenda Items
B. Non-Agenda Items
7.

ORDINANCES (NOT REQUIRING PUBLIC HEARINGS)


7.A.

Consider For Approval An Ordinance Of The City Of Galveston, Texas Terminating The State Of Disaster And Emergency Declared By The Mayor Pro Tem And Extended By The City Council In Ordinance 20-51 Related To Hurricanes Marco And Laura; Terminating The State Of Disaster And Emergency Declared By The Mayor Pro Tem And Extended By The City Council In Ordinance 20-59 Related To Tropical Storm Beta; Making Various Findings And Provisions Related To The Subject, And Providing For An Effective Date. (Legal)

7.B.

Consider For Approval An Ordinance Of The City Of Galveston, Texas, Approving The Amended And Restated Certificate Of Formation And Amended And Revised Bylaws Of The Galveston Island Redevelopment Authority; Directing The Filing Of The Same With The Office Of The Texas Secretary Of State, Providing For Findings Of Fact And For An Effective Date. (Legal)

7.C.

Consider for approval an ordinance of the City of Galveston, Texas; Authorizing civilian staff to carry-over and freeze unused personal, vacation, and compensatory leave balances that are over and above the allowable policy limits on a one-time basis for the 2020 calendar year; and providing for an effective date of December 31, 2020 (K. Etienne).

8.

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.
8.A.

Consider For Approval A Resolution Of The City Council Of The City Of Galveston, Texas Recognizing The Second Saturday In May As World Migratory Bird Day And The Upcoming May 8, 2021 As World Migratory Bird Day; Authorizing The Galveston Island Nature Tourism Council To Continue Pursuit Of Certification In The “Bird City” Texas Program; Supporting The Application Of The Galveston Island Nature Tourism Council Application For The Certification; Authorizing The City Manager To Execute Those Documents Necessary In Regard To The Request; And Providing For Findings Of Fact And Providing For An Effective Date. (Brown)

8.B.

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)

8.C.

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)

8.D.

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)

8.E.

Consider for approval joining the Sourcewell Purchasing Cooperative, created by the Minnesota legislature, as a local unit of government. (M. Loftin)

8.F.

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. (M. Loftin)

8.G.

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)

8.H.

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)

8.I.

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)

8.J.

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)

8.K.

Consider for approval a lease agreement for a SendPro P Series Mail System to Pitney Bowes at the cost of $519.11 per month for a term of 60 months for a total cost of $31,146.60 and Prepaid Postage estimated at $28,000 annually for a total of $140,000 for the City‐Wide Mail Room. (H. Dean)

8.L.

Consider for approval the renewal of the City’s Utility Management Solution support agreement in an amount not to exceed $36,153. (H. Dean)

8.M.

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 $42,993.90. (H. Dean)

8.N.

Consider for approval the purchase of a hardware / software upgrade for the existing Higher Ground Voice Recording system for Galveston Police Department from Commercial Electronics for $26,248.98. (H. Dean)

8.O.

Consider For Approval The Selection Of Clark Condon As The Most Qualified Firm To Provide Professional Design Services For Sandhill Crane Soccer Complex, And Allow The City To Enter Into Negotiations With Them On The Scope Of Work And Service Fees. (B. Sanderson)

8.P.

Consider For Approval The Acceptance Of A Donation In The Amount Of $24,500.00 From Better Parks For Galveston, For Three (3) Scoreboards, Sponsored By Moody Bank, Located In Crockett Park At 53rd & Avenue S. (B. Sanderson)

8.Q.

Consider for Approval acceptance of a grant from Galveston County for training expenses in the amount of $22,500.00. (C. Olsen)

8.R.

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 Dewey Grinslade to LVL LLC, upon final approval by the City Attorney (M. Shahan).


8.S.

Consider for the approval allowing Lone Star Rally to push their event forward by one year, allowing the event to occur in 2022. (D. Smith)

8.T.

Consider for the approval allowing the Fleet Facility to purchase the listed rolling stock (one 1200 Max Water Recycling Sewer Jet/Vacuum unit) and associated equipment for the Municipal Utilities Department from Houston Freightliner through HGAC Buy for a total price of $537,051. (D. Smith)

8.U.

Consider for the approval allowing the Fleet Facility and other city departments to purchase assortments of shop tools and supplies annually from Kimball Midwest who is a member of the Buy Board cooperative purchasing organization. The funding sources will be the user department’s parts, supplies and lube accounts. (D. Smith)

8.V.

Consider for the approval allowing the Fleet Facility to purchase the listed rolling stock (one warehouse forklift) and associated equipment for the Water and Sewer Department from Associated Supply Company (ASCO) through Buy Board for a total price of $33,852.85. (D. Smith)

8.W.

Consider for the approval allowing the Fleet Facility to purchase the listed rolling stock (one rear loader) and associated equipment for the Sanitation Department from Houston Freightliner through HGAC Buy for a total price of $236,337. The funding source is the Sanitation Vehicle Capital Outlay account. (D. Smith)

8.X.

Consider for approval the use of the cooperative purchasing contract through the HGAC Contract (#RC01-18) from Toter Incorporated for the purchase of EVR 1 Series 96 Gallon Automated Rollout Garbage Carts and repair parts. (C. DeWitt)

8.Y.

Consider approving the annual testing and repair of water meters by Tipler Meter Testing/Accurate Meter Testing for a cost not to exceed $40,000. (B. Cook)

8.Z.

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 $59,612.00. Authorizing the City Manager to execute all necessary documents upon final approval by the City Attorney. (T. Pedraza)

8.AA.

Consider for approval additional funding for professional legal services from the law firm of Lloyd Gosselink in the amount of $47,500.00 related to water and sewer legal issues. Authorizing the City Manager to execute all necessary documents upon final approval by the City Attorney. (T. Pedraza)

8.BB.

Consider for Approval A Payment to the Texas Commission on Environment Quality for Annual Operating Permit Fees for the Water and Wastewater Divisions for the fiscal year. The estimated cost is $181,387.84. (T. Pedraza)

8.CC.

Consider for approval, the disposal of sanitary sewer solid waste from the City of Galveston’s Wastewater Treatment facilities and Sewer Collection system to the Republic Services Galveston County Landfill at an estimated cost not to exceed $190,000.00. Authorizing the City Manager to execute all necessary document upon final approval by the City Attorney. (T. Pedraza)

8.DD.

Consider approval of a proposal from Alpha Testing in the amount of $32,929.00 to perform Construction Material Testing for the 35th Street from Post Office to Broadway project. Authorizing the City Manager to execute all necessary documents upon final approval by the City Attorney. (D. Anderson)

8.EE.

Consider approval of a proposal from Alpha Testing in the amount of $59,971.00 to perform Construction Material Testing for the Teichman Road Waterline project. Authorizing the City Manager to execute all necessary documents upon final approval by the City Attorney. (D. Anderson)

8.FF.

Consider approval of a proposal from Braun Intertec Corporation in the amount of $127,932.00 to perform Construction Material Testing for the 18th Street Storm Sewer System project. Authorizing the City Manager to execute all necessary documents upon final approval by the City Attorney. (D. Anderson)

8.GG.

Consider approval of Change Order #04 to the agreement with E. P. Brady, Ltd., for the 24 inch Water Transmission Line from 59th Street Pump Station to the Airport Pump Station (RFP #19-24) increasing the project cost by $344,145.86 (0.20%). This represents an increase in the total project cost of 2.9% from the original amount of $17,159,876.30 to the amount of $17,665,905.35. Authorizing the City Manager to execute all necessary documents upon final approval by the City Attorney. (D. Anderson)

8.HH.

Consider for approval Change Order #8 to the contract with Construction LTD, for the Fire Station #1 New Site Construction and Existing Site Demolition project decreasing the contract by $30,975.20 from the amount of $11,525,633.03 to the amount of $11,485,657.83 and extending the contract term by 38 days. Authorizing the City Manager to execute all necessary documents upon final approval by the City Attorney. (D. Anderson)

8.II.

Consider for approval Change Order #9 to the contract with J. W. Kelso Company, Inc., for the City of Galveston Public Works Facility project, increasing the contract by $104,790.00 (0.98%) from the amount of $11,540,179.20 to the amount of $11,644,969.20. Authorizing the City Manager to execute all necessary documents upon final approval by the City Attorney. (D. Anderson)

8.JJ.

Consider for approval Change Order No. 1 to the contract with Main Lane Industries, Ltd., for the 25th Street Improvements - Broadway to Seawall project, decreasing the contract by $57,319.00 (-.86%) from the amount of $6,730,519.00 to a new total amount of $6,673,200.00 Authorizing the City Manager to execute all necessary documents upon final approval by the City Attorney. (D. Anderson)

8.KK.

Consider for approval Change Order No. 1 to the contract with Main Lane Industries, Ltd. for the 73rd Street Reconstruction – Heards Lane to Avenue N ½ project, increasing the contract by $82,658.20 (4.05%) from the amount of $2,043,134.00 to a new total amount of $2,125,792.20. Authorizing the City Manager to execute all necessary documents upon final approval by the City Attorney. (D. Anderson)

8.LL.

Consider for approval the submittal of a grant application to the Texas General Land Office (GLO) for the Community Development Block Grant (CDBG) MIT for grant funding for drainage improvements to the South Shore Street drainage system. Authorizing the City Manager to execute all necessary application documents for submittal. (T. Wrobleski)

8.MM.

Consider for approval the submittal of a grant application to the Texas General Land Office (GLO) for the Community Development Block Grant (CDBG) MIT for grant funding for drainage improvements to the 37th Street Drainage System. Authorizing the City Manager to execute all necessary application documents for submittal. (T. Wrobleski)

8.NN.

Consider for approval the City of Galveston Community Development Block Grant Mitigation (CDBG·MIT) Residential Anti-Displacement and Relocation Assistance Plan. (T. Wrobleski)

8.OO.

Consider for approval for the submittal of a grant application to the Texas General Land Office (GLO) for the Community Development Block Grant (CDBG) MIT for grant funding for drainage improvements to the 51st street drainage system. Authorizing the City Manager to execute all necessary application documents for submittal. (T. Wrobleski)

8.PP.

Consider approval of DCMC Partners Task Order #5 authorizing the expenditure of an amount not to exceed $25,000 for Technical Assistance and disaster consulting services related to BRIC project and application development activities. Authorize the City Manager to sign all necessary documents upon final approval by the City Attorney. (T. Wrobleski)

8.QQ.

Consider for approval Minutes of the August 27, 2020 Regular Meeting, the September 10, 2020 Special Meeting, the September 17, 2020 Workshop and Regular Meeting, and the September 24, 2020 Special Meeting. (J. Williams)

8.RR.

Receive And File The Holiday Schedule For The 2021 Calendar Year. (B. Maxwell)

8.SS.

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 each. This staff report represents the receiving and filing of all auction sales for fiscal year 2019-20. (D. Smith)

8.TT.

Receive and file the following documents:

  1. Galveston County Emergency Communication District - Proposed FY 2021 Budget
8.UU.

Consider for approval an Interlocal agreement between the City of Galveston and Texas Workforce Solutions, authorizing participation of prospective employees in an On-The-Job Training program (K. Etienne).

8.VV.

Consider for the approval allowing the set aside of $60,000 which will be funded from the Island Transit Capital account to support a 20% match for an FTA Public Transportation COVID-19 Research Grant that will supply non-contact payment systems and other updated equipment for the transit operation.(D. Smith)

9.

ACTION ITEMS

9.A.

Consider for action the appointment of Barry Willey as an Assistant City Attorney for the City of Galveston. (Legal)

9.B.

Consideration of further action by the City of Galveston related to Texas Railway Exchange v. City of Galveston. (Legal)

9.C.

Consideration of request for further authorization to expend fund in prosecution of the litigation against Comcast. (Legal)

9.D.

Discuss and consider moving the date of the November 12, 2020 City Council Meeting to November 17, 2020. (Brown)

9.E.

Discuss and consider appointments to the following City boards, commission, and committees:

  1. Airport Advisory Committee - District 5
  2. Building Board of Adjustments - Position 3
  3. Civilian Review Board - District 6
  4. Ethics Commission - Districts 4 and 5
  5. Finance, Fiscal Affairs and Investment Committee - District 4
  6. Planning Commission - Position 2
  7. Zoning Board of Adjustments - Positions 2, 5, and 7
10.

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 16, 2020 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).