City Council

MINUTES OF THE CITY COUNCIL OF THE CITY OF GALVESTON REGULAR MEETING - JULY 27, 2023 7/27/2023 - Minutes 1. DECLARATION OF A QUORUM AND CALL MEETING TO ORDER With a quorum present, the meeting was called to order at 5:00 p.m. 2. ROLL CALL Present: Mayor Craig Brown, Mayor Pro Tem David Collins, Council Member David Finklea, Council Member Mike Bouvier, Council Member John Listowski, and Council Member Marie Robb. Absent: Council Member Sharon Lewis. 3. INVOCATION The invocation was given by Rabbi Petter Kessler of Congregation B'Nai Israel. 4. PLEDGE OF ALLEGIANCE The Pledge of Allegiance to the American Flag and Texas Flag were led by Mayor Brown. 5. CONFLICTS OF INTEREST CM Robb - Items 11N and 11O; CM Listowski - Item 8C. 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. Recognition of Comcast Representative Anne Flowers - Anne was recognized by Mayor Brown for her outstanding service to the citizens of Galveston during her time working at City Hall in the Comcast office. b. Certificate of Recognition - Patricia Bolton-Legg - Patricia was recognized by Mayor Brown for her tireless service to the City serving on the Galveston Housing Finance Corporation, Galveston Property Finance Authority, and Galveston Redevelopment Authority, and also a former City Council Member. c. Parks and Recreation Month Proclamation - members of the Parks and Recreation Department, Better Parks for Galveston, the Parks and Recreation Advisory Board, were recognized by CM Finklea by reading of the proclamation. d. Better Parks for Galveston Proclamation - members of Better Parks for Galveston were recognized by CM Listowski by reading of the proclamation. 4. Reminders regarding City Council events  d. Better Parks for Galveston Proclamation - members of Better Parks for Galveston were recognized by CM Listowski by reading of the proclamation. 4. Reminders regarding City Council events 5. Reminders regarding community events 6. Health and safety announcement 6.B. City Manager's Report - Investment Report For Quarter Ended March 31, 2023 (M. Loftin) The Investment Report was provided by Assistant City Manager of Finance Mike Loftin. 6.C. Families, Children And Youth Board Annual Report - Chair June Pulliam The annual report was presented by Chair June Pulliam. 7. COMMUNICATIONS AND PETITIONS Claims: 23-055 - Karina Contreras; 23-056 - Eben McDaniel; 23-057 - Frances L. Gilder and Thomas Dixon; 23-058 - Orlando Zuniga; 23-059 - Maravilla Owners Association; 23-060 - Madecadel Benavides; 23-061 - Rudy and Esther Soto; 23-062 - Rachel Byrd. 8. PUBLIC HEARINGS 8.A. Galveston Landmark - 2818 Avenue R Consider For Approval An Ordinance Of The City Of Galveston, Texas, Designating The Property Located At 2818 Avenue R, As A “Galveston Landmark”. Property Is Legally Described As M. B. Menard Survey, West 1/2 Of Lot 11 & East 1/2 Of Lot 12 (2012-0) Southwest Block 115, Galveston Outlots, 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 23P-031; Making Various Findings And Provisions Related To The Subject. (D. Lunsford) Ordinance No. 23-045 was read by caption. Daniel Lunsford provided staff comments. The public hearing was opened. Property owner Winter Bush provided historical information for the property and spoke in favor of the designation. The public hearing was closed. Motion was made by Mayor Brown, second by CM Robb, to approve the ordinance. Unanimously approved by those present. 8.B. Consider For Approval An Ordinance Of The City Of Galveston, Texas, Amending A Planned Unit Development (Pud) Overlay Zoning District In A Resort/Recreation, Height And Density Development Zone, Zone-5 (RES/REC-HDDZ-5-PUD) Zoning District To Construct A High-Rise Condominium And Associated Amenities (Ordinance No. 21-044); To Allow For A New Development Schedule, On Property Commonly Known As 10525 San Luis Pass Road / Fm 3005, And Which Is Legally Described As The Trimble And Lindsey Survey, Section 1, 2.86 Acres Of Lots 382 And 401, In The City And County Of Galveston, Texas; Planning Case Number 23P-042; Making Various Findings And Provisions Related To The Subject; And Providing For An Effective Date. (A. Montalvan) Ordinance No. 23-046 was read by caption. Adriel Montalvan provided staff comments. City Attorney Don Glywasky reported that this extension would have no impact on the City's CRS rating. The public hearing was opened. Applicant Steven Biegel spoke in favor of the ordinance. The public hearing was closed. Motion was made by CM Robb, second by CM Listowski, to approve the ordinance. Unanimously approved by those present. 8.C. Consider For Approval An Ordinance Of The City Of Galveston, Texas, Creating A Planned Unit Development (PUD) Overlay Zoning District In A Residential, Single-Family (R-1) Zoning District To Construct A Single-Family Residential Development On Property Commonly Known As Vacant Tract  rating. The public hearing was opened. Applicant Steven Biegel spoke in favor of the ordinance. The public hearing was closed. Motion was made by CM Robb, second by CM Listowski, to approve the ordinance. Unanimously approved by those present. 8.C. Consider For Approval An Ordinance Of The City Of Galveston, Texas, Creating A Planned Unit Development (PUD) Overlay Zoning District In A Residential, Single-Family (R-1) Zoning District To Construct A Single-Family Residential Development On Property Commonly Known As Vacant Tract Located North Of 7402 Stewart Road, And Which Is Legally Described As Hall And Jones Survey, Portion Of Lot 139 (139-12), Trimble And Lindsey Section 1, In The City And County Of Galveston, Texas; Planning Case Number 23P-043; Making Various Findings And Provisions Related To The Subject; And Providing For An Effective Date. (C. Gorman) Ordinance No. 23-047 was read by caption. Catherine Gorman provided staff comments. The public hearing was opened and closed with no comments. Motion was made by CM Bouvier, second by CM Finklea, to approve the ordinance. Unanimously approved by those present. 9. PUBLIC COMMENT Agenda Items: Non-Agenda Items: Comcast representative Stephanie Loving - thanked Council for recognizing Anne Flowers, invited everyone to the new store, and reported on the affordable connectivity program; Lindsey White - thanked Stephanie Loving for partnering with the United Way on the affordable connectivity program; Ted O'Rourke - commented on the Port's report to Council, FEMA liability, bond, and checks; Sheena Pierson and Judy - provided information on epilepsy awareness and invited Council to the Gulf Coast Epilepsy Alliance event; Sheila Bell - commented on hurricanes, tornadoes, COVID, life jackets, and preparations for emergencies; Austin - commented on a police officer allowed to take vacation until retirement; Emily Henderson - commented on court orders that the Police Department won't enforce; Cherese Pendleton - thanked Council for her time working at the City. 10. ORDINANCES (NOT REQUIRING PUBLIC HEARINGS) 10.A. Consider For Approval An Ordinance Of The City Council Of The City Of Galveston, Texas Donating Property To The Galveston Independent School District (GISD) Of Right-Of-Ways Commonly Located At Avenue N ½ And 41st Street To 43rd Street, And The Alley Between Avenue N ½ And Avenue O, In The City And County Of Galveston, Pursuant To Local Government Code Section 271.001; Approving And Authorizing The City Manager To Execute Any Documents Pertaining Thereto, Upon The Approval Of The City Attorney; Providing For Findings Of Fact And Providing For An Effective Date. (Legal) Ordinance No. 23-048 was read by caption. Motion was made by CM Listowski, second by MPT Collins, to approve the ordinance. Unanimously approved by those present. 10.B. Consider For Approval An Ordinance Of The City Of Galveston, Texas, Amending Chapter 34, “Traffic”, Section 34-117(C), “Two-Hour Limited Parking Between 8:00 A.M And 5:00 P.M.; Exemption With Parking Permit” Of “The Code Of The City Of Galveston 1982, As Amended,” By Adding “18th Street From Market Street To Mechanic Street On The East Side”, And Removing The Same From Section 34-111, “Limited Parking Between 8:00 A.M. And 6:00 P.M., Etc.”; Making Various Findings And Provisions Related To The Subject; Providing For An Effective Date. (R. Winiecke) Ordinance No. 23-049 was read by caption. Motion was made by Mayor Brown, second by MPT Collins, to approve the ordinance. Unanimously approved by those present. 10.C. Consider For Approval An Ordinance Of The City Of Galveston, Texas, Amending Chapter 34, “Traffic”, Section 34-117.5, “Two-Hour Parking Between 9:00 A.M And 6:00 P.M.” Of “The Code Of The City Of Galveston 1982”, As Amended, By Adding 5th Street, From The Northerly Line Of Church Street To A Point One Hundred Forty-One (141) Feet Northerly Thereof, On The West Side And Church Street, From The Westerly Line Of 5th Street To A Point One Hundred Forty-Five (145) Feet Westerly Thereof, On The North Side; Making Various Findings And Provisions Related To The Subject; Providing For An Effective Date. (R. Winiecke) Ordinance No. 23-050 was read by caption. Motion was made by MPT Collins, second by CM Finklea, to approve the ordinance. Unanimously approved by those present.  On The North Side; Making Various Findings And Provisions Related To The Subject; Providing For An Effective Date. (R. Winiecke) Ordinance No. 23-050 was read by caption. Motion was made by MPT Collins, second by CM Finklea, to approve the ordinance. Unanimously approved by those present. 10.D. Consider For Approval An Ordinance Of The City Of Galveston, Texas, Amending Chapter 34, “Traffic”, Section 34-110, “Parking Totally Prohibited” Of “The Code Of The City Of Galveston 1982”, As Amended, By Adding The “East Side Of San Jacinto Between Fm 3005 And Zachary; Making Various Findings And Provisions Related To The Subject; Providing For An Effective Date. (R. Winiecke) Ordinance No. 23-051 was read by caption. Motion was made by CM Bouvier, second by CM Robb, to approve the ordinance. Unanimously approved by those present. 10.E. Consider For Approval An Ordinance Of The City Of Galveston, Texas, Amending Chapter 33 – Taxation, Article III Hotel Occupancy Tax Sec. 33-95 To Add A Penalty Provision For Non-Compliance In Quarterly Reporting; Making Various Findings And Provisions Related To The Subject And Providing For An Effective Date. (Legal) The ordinance was read by caption. Motion was made by Mayor Brown, second by CM Finklea, to defer the ordinance until August 10th for workshop and action. Unanimously approved by those present. 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. Motion was made by Mayor Brown, second by MPT Collins, to approve Consent Items 11A through 11CC, except Items 11A, 11B, 11K, 11N, and 11O. Unanimously approved by those present. 11.A. Consider For Approval A Resolution Of The City Council Of The City Of Galveston, Texas, Approving Distribution Of Hotel Occupancy Tax Revenues To Eligible Artists Or Artist Organizations Under Single- Year Contracts; Authorizing The City Manager To Execute Contracts With Such Recipients Upon Approval Of Those Contracts By The City Attorney’s Office; Directing The City Secretary To Send A Certified Copy Of The Resolution To The Park Board Of Trustees; Providing For Findings Of Fact And Providing For An Effective Date. (Legal) Resolution No. 23-017 11.B. Consider For Approval A Resolution Of The City Council Of The City Of Galveston, Texas, Distributing And Awarding Fiscal Year 2024 And Fiscal Year 2025 Hotel Occupancy Tax Revenues To Eligible Arts And Historic Preservation Organizations Under Multi-Year Agreements; Authorizing The City Manager To Execute Contracts With Such Recipients Upon Approval Of Those Contracts By The City Attorney; Approving A Change Of Meeting Date From August 9 To August 16; Directing The City Secretary To Send A Certified Copy Of The Resolution To The Park Board Of Trustees; Providing For Findings Of Fact And Providing For An Effective Date. (Legal) Motion was made by MPT Collins, second by CM Robb, to defer the ordinance until August 10th for workshop and action. Unanimously approved by those present. 11.C. Consider For Approval A Resolution Of The City Council Of The City Of Galveston, Texas Approving And Authorizing The City Manager To Execute A Contract Between The City Of Galveston And The Port Of Houston To Provide For The Conveyance Of 1.167 Acres Of Land To Be Used As A Park On Pelican Island Adjacent To The Present Seawolf Park; Approving And Authorizing The City Manager To Execute The Agreement; Providing For Its Acceptance Of Such Conveyance As A City Park, Providing For Findings Of Fact And Providing For An Effective Date. (Legal) Resolution No. 23-018 11.D. Consider For Approval A Resolution Of The City Council Of The City Of Galveston, Texas Approving And Authorizing The City Manager To Execute An Interlocal Cooperation Agreement With The Galveston County Health District For Emergency Medical Services (Ems); A Memorandum Of Understanding Of Respective Duties During The Event Of Emergency Or Disaster; A Pharmaceutical  Resolution No. 23-018 11.D. Consider For Approval A Resolution Of The City Council Of The City Of Galveston, Texas Approving And Authorizing The City Manager To Execute An Interlocal Cooperation Agreement With The Galveston County Health District For Emergency Medical Services (Ems); A Memorandum Of Understanding Of Respective Duties During The Event Of Emergency Or Disaster; A Pharmaceutical Distribution And Accountability Policy; And Providing For A Term Of One Year With Renewal Annually For Four (4) Consecutive One (1) Year Terms; Approving Authorizing The City Manager To Execute The Agreement; And Providing For Findings Of Fact And An Effective Date. (C. Olsen) Resolution No. 23-019 11.E. Consider For Approval To Purchase Utility Associates Inc. Brand Body Worn Camera/In-Car Camera, Interview Room Cameras, And Digital Evidence Management System Utilizing DIR Contract #DIRCP0- 4799. (D. Balli) 11.F. Consider For Action Adopting The 2023 Proposed Investment Policy. (M. Loftin) 11.G. Consider Authorizing The Galveston Park Board To Expend Budgeted Funds To: (D. Anderson) 11.H. Consider Authorizing The City Manager To Execute An Agreement With Arceneaux Wilson & Cole In The Amount Of $24,940.00 For Engineering Services For The Temporary Facilities On Stewart Beach. (D. Anderson) 11.I. Consider Authorizing The Purchase Of New Furniture For The City Secretary's Office In The Amount Of $38,719.50 From National Business Furniture Utilizing BuyBoard Contract No. 667-22. (D. Anderson) 11.J. Consider For Action Authorizing The City Manager To Approve An Interlocal Agreement Between The City Of Galveston (City) And The Park Board Of Trustees Of The City Of Galveston (Park Board) Regarding Cost Sharing For Annual Beach Surveys. (K. Clark) Resolution No. 23-020 11.K. Consider For Action Entering Into A Contract With Aptim Environmental & Infrastructure, LLC. For Professional Services To Perform Wading Depth And Depth Of Closure Surveys Of The Beach, And To Authorize The City Manager To Execute All Necessary Documents Upon Final Approval Of The City Attorney. (K. Clark) Motion was made by CM Finklea, second by Mayor Brown, to approve the contract subject to adding a performance clause. Unanimously approved by those present. 11.L. Consider For Approval Contracts With DCMC, LLC, GrantWorks, Inc., And Innovative Emergency Management, Inc, For Disaster Consulting And Grant Administration Services (RFP 23-05). Authorizing The City Manager To Execute All Necessary Documents Upon Final Approval Of The City Attorney. (T. Wrobleski) 11.M. Consider For Approval, Issuance Of A Task Order #1 To GrantWorks For Development And Documentation Of The Funding Request Package For Design And Engineering For An Amount Of $9,500.00, And Authorize The City Manager To Execute All Necessary Documents Upon The Approval Of The City Attorney. (T. Wrobleski) 11.N. Consider For Approval The Awarding Of RFP 23-12 To DRC Emergency Services For Disaster Food Services For A Three (3) Year Contract Period With An Option For Two (2) One (1) Year Extensions And Authorizing The City Manager To Execute The Contract. (B. Frankland) Motion was made by Mayor Brown, second by MPT Collins, to approve the contract as presented. The motion passed 5-0; CM Robb declared a conflict and did not participate in the discussion or vote. 11.O. Consider For Approval The Awarding Of RFP23-11 To DRC Emergency Services As The Primary And Crowder Gulf As The Secondary For Disaster Debris Removal For A Three (3) Year Contract With An  Motion was made by Mayor Brown, second by MPT Collins, to approve the contract as presented. The motion passed 5-0; CM Robb declared a conflict and did not participate in the discussion or vote. 11.O. Consider For Approval The Awarding Of RFP23-11 To DRC Emergency Services As The Primary And Crowder Gulf As The Secondary For Disaster Debris Removal For A Three (3) Year Contract With An Option For Two (2) One (1) Year Extensions And Authorizing The City Manager To Execute The Contracts. (B. Frankland) Motion was made by Mayor Brown, second by MPT Collins, to approve the contract as presented. The motion passed 5-0; CM Robb declared a conflict and did not participate in the discussion or vote. 11.P. Consider For Approval A Memorandum Of Understanding Between The City Of Galveston And Galveston College For The Continuation Of The Leadership Pathway Training Program And Utilization Of The GCPro Training Platform (B. West). 11.Q. Consider For Approval The Award Of RFP 23-14 Health Benefits Consultant To Gallagher Benefit Services, Inc. To Perform Consulting Services To The City And Board Of Trustees For The Health Benefits Plan And Authorize The City Manager To Execute The Contract Upon Final Approval By The City Attorney (B. West). 11.R. Consider For Approval The Acceptance Of A Donation Valued At $6,319.33 From Better Parks For Galveston, For Swim Equipment For The Galveston Swim Team, As Well As Scholarships For Swim Lessons And Admissions, At Lasker Park Pool. (B. Sanderson) 11.S. Consider For Approval The Acceptance Of A Donation Valued At Approximately $6,980.00 From Comcast, For Twenty (20) Dell Laptop Computers For Public Use At McGuire-Dent And Wright Cuney Recreation Centers. (B. Sanderson) 11.T. Consider For Approval The Acceptance Of A Donation Valued Up To $100,000.00 From Better Parks For Galveston, For Shaded Picnic Tables At Adoue Park. (B. Sanderson) 11.U. Consider For Approval The Acceptance Of A Donation Valued At $1,126.79 From Better Parks For Galveston, For Meals Provided To The Summer Youth Programs At McGuire-Dent And Wright Cuney Recreation Centers. (B. Sanderson) 11.V. Consider For The Approval Of The Contract And Payment Totaling $49,500 To Sky Wonder Pyrotechnics For The July 4th 1.3G Class Fireworks Show Which Will Be Funded By The Hotel Occupancy Tax 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 And Associated Equipment (Two Police Dodge Chargers) For The Police Departments Traffic Safety Unit From Silsbee Fleet - Donalson CDJR, Through The Good-Buy Co-Op For A Total Price Of $116,468.50 And Authorize The City Managers Staff To Execute The Agreement Upon Final Approval By The City Attorney. (D. Smith) 11.X. Consider For The Approval Allowing The Fleet Facility To Purchase Two 25 Cubic Yard Rear-Loader Refuse Trucks For The Sanitation Department To Be Purchased From Houston Freightliner Through HGAC Buy For A Total Price Of $510,702 And Authorize The City Managers Staff To Execute The Contract Upon Final Approval By The City Attorney. (D. Smith) 11.Y. Consider For The Approval Allowing The Fleet Facility To Purchase Three 20K HD Trailers For Municipal Utilities To Be Purchased From Nationwide Trailers Through Buy Board For A Total Price Of $59,916.00 And Authorize The City Managers Staff To Execute The Contract Upon Final Approval By The City Attorney. (D. Smith) 11.Z. Consider For Approval Designating The City Of Galveston’s City Manager As The Authorized Signatory For The Texas Commission On Environmental Quality (TCEQ) Settlement Agreement In The Amount Of $13,800 In Lieu Of Paying A $17,250 Fine To The TCEQ. (T. Pedraza) 11.AA. Consider For Approval The Acceptance Of The Grant Agreement From The United States Department  11.Z. Consider For Approval Designating The City Of Galveston’s City Manager As The Authorized Signatory For The Texas Commission On Environmental Quality (TCEQ) Settlement Agreement In The Amount Of $13,800 In Lieu Of Paying A $17,250 Fine To The TCEQ. (T. Pedraza) 11.AA. Consider For Approval The Acceptance Of The Grant Agreement From The United States Department Of Transportation, Federal Highway Administration For Receipt Of Funding From The FHWA’s FY2022 “Safe Streets And Roads For All” Grant Program To Develop The City Of Galveston Island Wide Action Safety Plan In The Amount Of $320,000.00; Authorizing The City Manager To Execute All Necessary Documents Upon Final Approval By The City Attorney. (R. Winiecke) 11.BB. Consider For Approval The Of Staff Augmentation Services Through Centre Technologies Utilizing DIR‐ CPO‐4857 In The Amount Of $109,200. (H. Dean) 11.CC. Consider For Approval Minutes Of The May 17, 2023 Special Meeting, The May 25, 2023 Workshop And Regular Meeting, And The June 22, 2023 Workshop And Regular Meeting. (J. Williams) 12. ACTION ITEMS 12.A. Discuss And Consider Appointments To The Following City Boards, Commissions, And Committees: 1. Galveston Housing Finance Corporation/Galveston Property Finance Authority - (1) Motion was made by Mayor Brown, second by MPT Collins, to appoint Jimmy Clore. Unanimously approved by those present. (2) Motion was made by Mayor Brown, second by CM Finklea, to appoint Mark Stasney. Unanimously approved by those present. 2. Industrial Development Corporation - Motion was made by Mayor Brown, second by MPT Collins, to appoint Jason Hardcastle the Park Board Chair position as recommended by the Park Board. Unanimously approved by those present. 3. TIRZ 13 - Motion was made by CM Robb, second by MPT Collins, to reappoint Allen Howard, Tofigh Shirazi, and and Ryan Kirkpatrick. Unanimously approved by those present. 12.B. Discuss And Consider Ex Officio Appointments To The Following City Boards, Commissions, And Committees: 1. Families, Children and Youth Board/Tree Committee - Motion was made by MPT Collins, second by CM Finklea, to appoint CM Bouvier. Unanimously approved by those present. 2. Zoning Board of Adjustments - Motion was made by MPT Collins, second by CM Robb, to appoint CM Finklea. Unanimously approved by those present. 13. RECEIVE AND FILE (Non-Action Items) 13.A. Letter From Senator Ted Cruz - 4th Of July Parade 14. ADJOURNMENT The meeting was adjourned at 6:54 p.m. Janelle Williams, City Secretary Date Approved: September 21, 2023 Date Approved: September 21, 2023