City Council

MINUTES OF THE CITY COUNCIL OF THE CITY OF GALVESTON SPECIAL MEETING - SEPTEMBER 14, 2023 9/14/2023 - Minutes 1. DECLARATION OF A QUORUM AND CALL MEETING TO ORDER (Council Chambers) With a quorum present, the meeting was called to order at 9:00 a.m. 2. ROLL CALL Present: Mayor Craig Brown, Mayor Pro Tem David Collins, Council Member Sharon Lewis, Council Member David Finklea, Council Member Mike Bouvier, Council Member John Listowski, and Council Member Marie Robb. 3. PUBLIC HEARINGS 3.A. Consider For Approval An Ordinance Of The City Of Galveston, Texas, Adopting The Annual Governmental And Proprietary Funds Budget For The Fiscal Year Beginning October 1, 2023 And Ending September 30, 2024; Making Appropriations For City Operations And Capital Projects For Such Fiscal Year As Reflected In Such Budget; Authorizing Various Other Transfers; Approving And Adopting The FY 2024 Capital Budget; Approving And Adopting The Fy 2024-2028 Capital Improvement Plan; And Making Various Findings And Provisions Related To The Subject And Providing For An Effective Date. (M. Loftin/C. Ludanyi) The Ordinance was read by caption. Csilla Ludanyi presented highlights of the FY 2024 Budget. The public hearing was opened and closed with no speakers. Motion was made by MPT Collins, second by CM Lewis, to approve the FY 2024 budget. The motion passed unanimously with a roll call vote. Brown: Yes Collins: Yes Lewis: Yes Finklea: Yes Bouvier: Yes Listowski: Yes Robb: Yes 3.A.1. Consider For Action A Motion Ratifying The Property Tax Increase Reflected In The FY 2024 Budget. Motion was made by MPT Collins, second by CM Lewis, to ratify the property tax increase reflected in the FY 2024 Budget. Unanimously approved. 3.B. Public Hearing Only: An Ordinance Of The City Of Galveston, Texas Levying Ad Valorem Taxes For Tax Year 2023 In The Amount Of 40 Cents And 8.850 Mills ($0.408850) Upon Each One Hundred Dollars ($100.00) Of Property Valuation For The Tax Year 2023; Making Various Findings And Provisions Related To The Subject. The Ordinance was read by caption. Csilla Ludanyi provided information on the proposed tax rate. The public hearing was opened and closed with no speakers. This item will be on the September 21st for Council's consideration. 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: 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. Constitution Week Proclamation - presented Shawn Carlson of the George Washington Chapter of the Daughters of the American Revolution by MPT Collins. 4. Reminders regarding City Council events 5. Reminders regarding community events 6. Health and safety announcement 5. INTERVIEW APPLICANTS 1. Wharves Board - Applicants Harry Maxwell, Richard Moore, Jeff Patterson, and Ralph McMorris were interviewed by City Council. 2. Planning Commission - Applicants John Lightfoot, Norma Lowrey, Rusty Walla, Michael Niebuhr, and Anthony Rios were interviewed by City Council. 6. RECESS AND RECONVENE IN ROOM 204 The City Council took a five minute break and reconvened in Room 204. 7. EXECUTIVE SESSION (Room 204) The City Council convened into Executive Session at 11:34 a.m. and reconvened into Open Session at 12:26 p.m. No action was taken during Executive Session. 7.A. Pursuant To Texas Gov’t Code 551.071- Consultation With Attorney, An Executive Session Will Be Conducted To Discuss And Receive Legal Advice Concerning Pending Litigation And/Or A Settlement Offer, Or On A Matter In Which The Duty Of The Attorney To The Governmental Body Under The Texas Disciplinary Rules Of Professional Conduct Of The State Bar Of Texas Clearly Conflicts With This Chapter, Related To The Following: 7.A.1. Longhorn International Trucks, LTD. 8. WORKSHOP ITEMS (ROOM 204) 8.A. Clarification Of City Council Agenda Items - This Is An Opportunity For City Council To Ask Questions Of Staff On Agenda Items (20 Min) Item 11B was clarified by Staff. 8.B. Discuss The Draft 2023 Pavement Evaluation Report And The Proposed Mill And Overlay Street Paving Plan (B. Cook - 20 Min) Assistant City Manager Brandon Cook and RAS representative Zach Thomas discussed with Council the Draft 2023 Pavement Evaluation Report and Proposed Mill and Overlay Street Paving Plan. Discussion was held regarding funding of pavements only as well as additional funding dedicated to surface preservation and maintenance required to achieve a higher level of service at the lowest possible lifecycle cost.  Assistant City Manager Brandon Cook and RAS representative Zach Thomas discussed with Council the Draft 2023 Pavement Evaluation Report and Proposed Mill and Overlay Street Paving Plan. Discussion was held regarding funding of pavements only as well as additional funding dedicated to surface preservation and maintenance required to achieve a higher level of service at the lowest possible lifecycle cost. 8.C. Discuss Solid Waste Operations, Rates, Services And Related Matters (B. Cook - 20 Min) Director Dustin Bender discussed with Council solid waste operations, rates, and services. He provided proposed adjustments to pricing, including: (1) raising commercial rates to cover operating expense and to align with market rates, (2) discontinuing City Service to the Downtown customers that currently receive seven-day per week service, (3) raising host fees at the Transfer Station to provide equitable rates between residential customers and commercial users, and (4) consider adding fees for return trips or extra pickups when carts are not out or are blocked and proven by the route management technician. He provided continued implementation of operational improvements, including: (1) optimizing routes with newly deployed technology, and (2) expanding rubicon functionality to include cost delivery and inventory management. 8.D. Discussion Of Recent Amendments To The Beach Access Plan ( T Tietjens - 20 Min ) Pulled. 8.E. Discussion Of The City Auditor’s Audit Plan For 2023 - 2024 And Possible Amendments ( Brown - 30 Min ) The City Council discussed with the City Auditor the Audit Plan for 2023-2024 and possible amendments. Discussion was held regarding the City being reimbursed for HOT audits, compliance audits for parking fees, Port controls, deferring approval of the Audit Plan or removing all audits for the Port from the plan and assigning to a private auditor, the City Auditor getting involved with outside influences which makes his credibility questionable, keeping the parking audits in the plan, and compliance audits of City operations. This item is on today's agenda for Council's consideration. 8.F. Discussion Regarding Trustee Approved FY 2024 Park Board Budget As Submitted For Council Review And Approval (M. Loftin/C. Ludanyi - 20 Min) Mayor Brown led the discussion by providing two topics related to the Park Board's budget. One is the structure and format for accounting of a budget that is in sync with the city's ability to understand and form a relationship with the Park Board on their budget. The other is certain items in the Park Board's budget that are really under the purview of the City. The items are being worked on by Staff and will be brought back to Council for review and approval. 8.G. Discussion Of Alcohol Sales At Dellanera RV Park ( Bouvier/Brown - 15 Min ) Discussion was held regarding the addition of alcohol sales at Dellanera RV Park and the types of alcohol sales that would be appropriate at the park. This item is on today's agenda for Council's consideration. 8.H. Discussion Of Short Term Rentals (Robb/Brown - 20 Min) 1. Discussion concerning the procedures for the registration of Short Term Rentals to ensure the compliance with City Code and Land Use requirements - CM Robb placed this item on the agenda to discuss implementation of the requirement of a parking plan for short term rentals. Park Board representative Bryson Frazier will look into implementing the requirement at the Park Board by utilizing the new STR software. 2. Discussion related to the adequacy of the number of trash cans utilized by Short Term Rentals as a function of occupancy - Deferred.  requirement of a parking plan for short term rentals. Park Board representative Bryson Frazier will look into implementing the requirement at the Park Board by utilizing the new STR software. 2. Discussion related to the adequacy of the number of trash cans utilized by Short Term Rentals as a function of occupancy - Deferred. 3. Discussion related to the amendment of the City Code or Land Development Regulations to impose an occupancy limit on Short Terms Rentals utilizing septic systems to ensure compliance with state law. - CM Robb placed this item on the agenda to discuss the limitation of occupancy on short term rentals on septic systems. Park Board representative Bryson Frazier will look into adding a question to the short term rental registration application that asks if the property is on a septic tank as a means to limit occupancy in those rentals. The City can provide a list of neighborhoods on septic tanks. 8.I. Discussion Of Amendment Of The City Code Or Land Development Regulations Related To Bars And Noise In R -1 Zoning Districts (Robb/Brown - 15 Min) CM Robb placed this item on the agenda to discuss issues with outside amplified music at bars in R-1 Districts. CM Robb will get with City Staff to discuss options to address the issues. 9. RECESS AND RECONVENE IN COUNCIL CHAMBERS City Council took a five minute break at 3:26 p.m. and reconvened in Council Chambers for the remainder of the meeting. CM Lewis left the meeting at 3:26 p.m. 10. PUBLIC COMMENT None. 11. ACTION ITEMS 11.A. Consider For Action Issuance Of Direction To The City Attorney To Effect Resolution Of The Claim Of Longhorn International LTD Previously Presented To The City And As Discussed In Executive Session. (Legal) Motion was made by Mayor Brown, second by CM Finklea, to settle the claim of Longhorn International Trucks LTD with a payment by the City to the claimant in the amount $591,105.30, subject to receipt of a release of the city from liability in a form approved by the City Attorney. Unanimously approved by those present. CM Lewis was not present for the vote. 11.B. Consider Approval Of The City Auditor's Audit Plan For FY 2024. (Brown) Motion was made by CM Robb, second by Mayor Brown, to approve the City Auditor's Audit Plan for FY 2024 with the deletion of Items 10 and 11. Unanimously approved by those present. CM Lewis was not present for the vote. 11.C. Consider A Motion Directing City Manager To Procure, Using Appropriate Procurement Procedures, The Services Of An Outside Audit Firm Or Firms To Conduct An Audit Of The Galveston Wharves In Accordance With The Priorities As Determined By Council. (Brown) Motion was made by CM Listowski, second by Mayor Brown, directing the City Manager to procure the services of an outside auditor to conduct a financial audit at the Port with the scope to be determined. Unanimously approved by those present. CM Lewis was not present for the vote. 11.D. Consider For Approval Of The Debt Issuance Procedure For The Galveston Wharves Board And City Of  Motion was made by CM Listowski, second by Mayor Brown, directing the City Manager to procure the services of an outside auditor to conduct a financial audit at the Port with the scope to be determined. Unanimously approved by those present. CM Lewis was not present for the vote. 11.D. Consider For Approval Of The Debt Issuance Procedure For The Galveston Wharves Board And City Of Galveston. (Brown) Motion was made by Mayor Brown, second by CM Robb, to approve the Debt Issuance Policy as presented. Unanimously approved by those present. CM Lewis was not present for the vote. 11.E. Consider For Approval An Ordinance Of The City Of Galveston, Texas, Authorizing The Issuance, Sale And Delivery Of City Of Galveston, Texas, Wharves And Terminal First Lien Revenue Bonds, Series 2023 (Amt); And Providing For The Security Thereof; Approving The Form And Substance, And Authorizing The Execution And Delivery Of An Amended And Restated Trust Indenture And First Supplemental Amended And Restated Trust Indenture; Approving And Authorizing The Execution And Delivery Of Related Transaction Documents; Approving The Use And Distribution Of A Preliminary Official Statement And The Use And Distribution Of An Official Statement; And Making Certain Findings With Respect Thereto And Containing Other Provisions Relating To The Subject. (Brown) Ordinance No. 23-056 was read by caption. Motion was made by Mayor Brown, second by CM Robb, to approve the Ordinance. Unanimously approved by those present. CM Lewis was not present for the vote. 11.F. Consider For Approval An Ordinance Of The City Of Galveston, Texas, Amending The Code Of The City Of Galveston, As Amended, Chapter 4, “Alcoholic Beverages”, Section 4-6 “Scope”, To Provide Regulations For The Sale Of Alcohol At Dellenara Park (Aka) The West End Park; Upon An Approval Of A Concessions Agreement By City Council And The City Manager; Making Various Findings And Provisions Related To The Subject; Providing For An Effective Date. (Bouvier/Brown) Ordinance No. 23-058 was read by caption. Motion was made by MPT Collins, second by CM Bouvier, to approve the Ordinance. Unanimously approved by those present. CM Lewis was not present for the vote. 12. ADJOURNMENT The meeting was adjourned at 4:00 p.m. Janelle Williams, City Secretary Date Approved: October 26, 2023