DRAFT MINUTES OF THE CITY COUNCIL OF THE CITY OF GALVESTON REGULAR MEETING - MAY 24, 2018
5/24/2018 - Minutes
1. DECLARATION OF A QUORUM AND CALL MEETING TO ORDER With a quorum present, the meeting was called to order at 1:15 p.m.
2. ROLL CALL Present: Mayor James Yarbrough, Mayor Pro Tem Terrilyn Tarlton-Shannon, Council Member Amy Bly, Council Member Craig Brown, Council Member David Collins, Council Member Jason Hardcastle, and Council Member Jackie Cole.
3. INVOCATION The invocation was given by Reverend Lance Anaya of Moody Methodist Church.
4. PLEDGE OF ALLEGIANCE Pledges to the American and Texas Flags were led by Mayor Yarbrough.
5. CONFLICTS OF INTEREST None.
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 - Mayor Yarbrough expressed thoughts and prayers to our neighbors in Santa Fe.
2. Information regarding holiday schedules
3. Recognition of individuals a.Beach Safety Week - Proclamation - presented to Peter Davis by CM Brown. b.Motorcycle Safety and Awareness Month - presented to visiting Bikers by CM Bly.
Mayor Yarbrough announced that Jack Johnson has been pardoned by the President.
4. Reminders regarding City Council events - Mayor Yarbrough provided information on the upcoming State of the City event on June 12th.
5. Reminders regarding community events
6. Health and safety announcement
6.B. 2018 Landmark Commission Annual Report And Awards Landmark Commission Chair Tom Schwenk provided the Annual Report. The following Landmark Awards were presented by Catherine Gorman and Tom Schwenk: 1801 Avenue M- 1/2, Keith Rayborn and Barbara Chavez; 1509 Mechanic - Melody and Joan Oelze and Stephanie Lang; 2127 Avenue O-1/2, Ashley and Michael Cordray and John Campbell; 1121 33rd Street, Diane Wallace and Chuck Morris; 1212 and 1218 Sealy, Amy Adams Strunk; 1816 Postoffice, Dana Lindstrum and Susan Kingsley; 1328 Sealy, Dennis and Kelly Moresh; 1807 Rosenberg, Jane Lozano and Mason Cagnola; and the Rosenberg Library, John Augelli.
6.C. City Manager's Report - The Investment Report For Quarter Ended March 31, 2018 (M. Loftin) Assistant City Manager Mike Loftin presented the Investment Report.
7. COMMUNICATIONS AND PETITIONS Claims: 18-037 Clay Conrad; 18-038 Jessica Vallery; 18-039 Texas Gas Service; 18-040 Annet Ortega; 18-041 Carlos Rodriguez; 18-042 Cliford & Kathy Barnhart; 18-043 James Gray; 18-044 James Parker; 18-045 Denise Hope; 18-046 Jay Mize
8. PUBLIC HEARINGS
8.A. Conduct A Public Hearing And Consider For Approval An Appeal Of The City Of Galveston Planning Commission’s Decision Regarding A License To Use The Public Right-Of-Way. The Property Is Legally Described As M. Menard Survey, South 69 Feet Of Lot 14 (14-2), Block 71, In The City And County Of Galveston, Texas; Planning Case Number 18P-015; Making Various Findings And Provisions Related To The Subject. (D. Lunsford) The public hearing was opened. The applicant, Larry Zykes, and Rebecca Zykes spoke in favor of the appeal. The public hearing was closed. Motion was made by MPT Tarlton- Shannon, second by CM Brown, to approve the appeal allowing the property owner to keep his palm trees. Unanimously approved.
8.B. Consider For Approval An Ordinance Of The City Of Galveston, Texas, Amending The 2015 Galveston Land Development Regulations, Article 2: Table 2.201: Permitted Uses: Commercial Uses, Article 2: Section 2.357, “Small Scaled Food/Beverage Production” And Section 14.103 “Use Definitions”; To Introduce A New And Unlisted Land Use Of Small Scaled Food Production To Allow For Food And Beverage Production Outside Of The Light Industrial And Heavy Industrial Zoning Districts; Planning Case Number 18za-003; Making Various Findings And Provisions Related To The Subject. (C. Gorman) Ordinance No. 18-035 was read by caption. The applicant John Alvarez was present for questions by City Council. The public hearing was opened; with no speakers, the public hearing was closed. Motion was made by CM Brown, second by CM Collins, to approve the ordinance. Unanimously approved.
8.C. 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 2401 Avenue F/Church Street; Which Is Legally Described As Lot 7, Block 384, In The City And County Of Galveston And Is Located Within Three Hundred Feet Of A School, Church, Or Hospital; Planning Case Number 18PA-028; Making Various Findings And Provisions Related To The Subject. (D. Lunsford) Ordinance No. 18-036 was read by caption. The applicant Andy Mytelka spoke in favor of the variance. The public hearing was opened; with no speakers, the public hearing was closed. Motion was made by CM Collins, second by CM Brown, to approve the ordinance. Unanimously approved.
9. PUBLIC COMMENT
Agenda Items - Rocky Sullivan spoke on behalf of the Chamber of Commerce regarding the LDRs. Rocky Sullivan, Rhonda Gregg, and Reuben Trevino commented on the excavation ordinance.
Non-Agenda Items - Jessica Lira commented on the wrecker ordinance. Paul Case commented on dogs running loose and trash issues at 1020 Seawall.
10. ORDINANCES (NOT REQUIRING PUBLIC HEARINGS)
10.A. Consider For Approval An Ordinance Of The City Of Galveston, Texas, Amending Ordinance No. 18- 034, To Clarify The Designated District Polling Locations For The June, 16, 2018 Runoff Election, To Be Held In The City Of Galveston, For The Purpose Of Electing A City Council Member To District Five (5) ; Making Various Findings And Provisions Related To The Subject; And Providing For An Effective Date. No action.
11. CONSENT ITEMS Motion was made by CM Bly, second by CM Hardcastle, to approve Consent Items 11A through 11DD, correcting Item 11N to read "Pocket Park #2". Unanimously approved.
11.A. Consider For Approval The Awarding Of A One (1) Year Contract With The Option For Up To Four (4),One (1) Year Extensions,To Vizcarra Hospitality, And DRC Emergency Services, For Food Services (RFP #: 18-06). (M. Morgan)
11.B. Consider For Action The Awarding Of A Three (3) Year Contract With The Option For Up To Two (2), One (1) Year Extensions, To DRC Emergency Services As Primary, Crowder Gulf As Secondary, And Bergeron Emergency Services As Tri-Sudiciary For Debris Removal And Disposal (RFP #: 18-07). (M. Morgan)
11.C. Consider For Approval The “Proposed City Of Galveston Branding Guide”. (J. Fortin)
11.D. Consider For Approval Authorizing The Police Department To Purchase Thirteen (13) Tasers, Accompanying Accessories, Maintenance/Service And Warranty Agreements In The Amount Of $14,116.96 From Axon Enterprises. (V. Hale)
11.E. Consider For Approval Authorizing The Purchase Of Thirteen (13) Vista HD Body Worn Cameras Along With Necessary Accompanying Software From Enforcement Video, LLC Dba WatchGuard Video For The Police Department. (V. Hale)
11.F. Consider For Approval Change Order #2, From R.B. Hash & Associates, For The City Hall Roof Project, Decreasing The Contract Amount By $39,321.70 From $624,124.40 To $584,802.70. (C.Kenworthy)
11.G. Consider For Approval RFP# 18-08 Authorizing The City Manager To Enter Into A Three (3) Year Contract With An Option To Extend The Contract For An Additional Year With Flamingo Gardens, For Lawn Maintenance And Landscaping At Various Locations, Including The Broadway Esplanade Flower Beds From 6th Street To 59th Street, In An Amount Not To Exceed $200,000.00 Per Fiscal Year. (B. Sanderson)
11.H. Consider For Approval The Extension Of A Contract With Hutchison Shockey Erly & Co For Financial Advisory Services (M. Loftin)
11.I. Consider For Approval An Extension Of The Contract With Whitley Penn For External Audit Services (M. Loftin)
11.J. Consider For Approval The Authorization To Purchase Extended Warranties On Twelve (12) Power Edge Servers And Three (3) EqualLogic Storage Area Network (SAN) Array Devices From Dell Marketing Through State DIR Contract TSO‐3763 For A Total Cost Of $ 55,095.11. (H.Dean)
11.K. Consider For Approval The Purchase Of Additional And Replacement Firewall Equipment Including Support Service In The Amount Of $ 40,387.64 Utilizing DIR Contract TSO 3763. (H.Dean)
11.L. Consider For Approval The Payment For Annual Support On Banner, The City’s Financial And Human Resources System, In The Amount Of $69,493.05. (H.Dean)
11.M. Consider For Approval The Awarding Of Request For Proposal 18-10 To Worthy Boyd Inc To Provide Vending Services At Beach Pocket Park #3 (M. Rabago)
11.N. Consider For Approval The Awarding Of Request For Proposal 18-10 To Shop Beach Buddies LLC To Provide Vending Services At Beach Pocket Park #3 (M. Rabago)
11.O. Consider For Approval The Awarding Of Request For Proposal 18-10 To Jay Pathibhara LLC To Provide Vending Services At Beach Pocket Park #1 (M. Rabago)
11.P. Consider For Approval The Awarding Of Request For Proposal 18-09 To MTM Ice LLC To Provide Vending Services At Fort Crockett Park On The Seawall (M. Rabago)
11.Q. Consider For The Approval Allowing The Fleet Facility To Purchase The Listed Rolling Stock And Associated Equipment From Silsbee Ford Through HGAC Buy For A Total Price Of $106,962.40. Funding Sources Are The Sanitation Capital Outlay Account, And IDC-Parks. (D. Smith)
11.R. Consider For The Approval Allowing Island Transit To Sell Its Stocked New Flyer Parts (And Tools) Valued At $33,270.03 To The Gulf Coast Center, Who Is The Owner Of Three New Flyer Buses That Were Serviced By The Island Transit Maintenance Facility, And Authorize The City Manager To Execute The Agreement Upon Final Approval By The City Attorney. (D. Smith)
11.S. Consider For The Approval Allowing The Fleet Facility To Purchase One Sewer CCTV Inspection Truck And Associated Equipment From Rush Truck Center Through Buy Board For A Total Price Of $329,790.60. The Funding Source Will Be The Sewer Capital Outlay Account. (D. Smith)
11.T. Consider For Approval Change Order #3 For The Contract With Main Lane Industries, Ltd., For The Reconstruction Of Market Street From 25th Street To 19th Street Project, Increasing The Contract From $3,740,529.88 By The Amount Of $160,423.43 To A New Cost Of $3,900,953.31. The Funding Source Will Be The CDBG Disaster Recovery Non-Housing Round 2.1 Program. (R. Blackketter)
11.U. Consider For Approval Change Order #4 From Triple B Services, LLC, For The Sealy Avenue Improvements From 33rd To 25th Project, Increasing The Contract Amount From $2,580,903.80 By $34,465.48 To The New Cost Of $2,615,369.28, And Increasing The Term By 17 Days To A New Term Of 379 Calendar Days. The Funding Source Will Be The CDBG Disaster Recovery Non-Housing Round 2.2 Program. Authorizing The City Manager To Execute All Necessary Documents Upon Final Approval By The City Attorney. (R. Blackketter)
11.V. Consider For Approval Of The Low Responsive Bidder (BID #18-018) LEM Construction Co., Inc., For The Airport Wastewater Treatment Plant Improvements Project In The Amount Of $6,792,200.00 (Base Bid Plus Alternates). (R. Blackketter)
11.W. Consider For Approval Change Order No. 3 With Lucas Construction Co., Inc., For The 27th Street Improvements (Broadway To Avenue O) Project, Increasing The Contract From $2,641,479.50 By The Amount Of $33,401.35 To A New Cost Of $2,674,880.85, And Extending The Term By 210 Days. (R. Blackketter)
11.X. Consider For Approval Of Change Order No. 8 To The Contract With Cardinal Contractors, Inc., For The New 59th Street Pump Station Project, Increasing The Contract By $32,205.62 To A New Total Amount Of $17,464,750.95 And Extending The Contract Term By An Additional 156 Days. Authorizing The City Manager To Execute All Necessary Documents Upon Final Approval By The City Attorney. (R. Blackketter)
11.Y. Consider For Approval Of Change Order #1 To The Contract With Main Lane Industries, Ltd., For The 26th Street Paving And Drainage Improvements - Ave N To Broadway Project Decreasing The Contract From $519,710.00 By The Amount Of $14,780.00 To A New Cost Of $504,930.00. (R. Blackketter)
11.Z. Consider For Approval A Memorandum Of Understanding (MOU) Between City Of Galveston/Island Transit And The Houston-Galveston Area Council (H-GAC), Texas Department Of Transportation (TxDOT), Houston METRO Et Al. Regarding Cooperative, Comprehensive And Continuing Metropolitan Planning Process, As Required By The US. Department Of Transportation (USDOT) Guidelines, 23 CFR 450 Subparts A & C). (R. Beverlin)
11.AA. Consider For Approval Accepting The City Auditor's Report On The Cruise Parking Audit Report AU2018-1. (G. Bulgherini)
11.BB. Consider For Approval Accepting The City Auditor's Final Report On AU2018-2 False Fire Alarm Audit. (G. Bulgherini)
11.CC. Consider For Approval The Purchase Of 172 Yodock 148010B & 148024B Barricades From Dobie Supply, LLC For The Traffic Department. (T. Wrobleski)
11.DD. Receive And File The Following Items:
12. ACTION ITEMS
12.A. Discuss And Consider For Action The Demolition Of Seawolf Park Pavilion Through An Alternate Project Request With FEMA And The Park Board Of Trustees. (Brown/Yarbrough) Motion was made by MPT Tarlton-Shannon, second by CM Brown, to approve demolition of Seawolf Park Pavilion. Unanimously approved.
12.B. Consider For Approval A Resolution Of The City Council Of The City Of Galveston, Texas Providing That A Portion Of Section One (1) Of The Preserve At West Beach Subdivision On Galveston Island Be Released From Operation Of The Development Agreement Between The City Of Galveston And Marquette Galveston Investment, Ltd. And The Master Declaration Of Covenants, Conditions, And Restrictions For The Preserve At West Beach Subdivision On Galveston Island, Texas; Authorizing The City Manager To Execute All Necessary Documents Upon Final Approval By The City Attorney; Directing The City Attorney To File And Record This Resolution In The Official Records Of Real Property In Galveston County, Texas; Providing For Findings Of Fact And Providing For An Effective Date. (Legal) Motion was made by Mayor Yarbrough, second by CM Brown, to approve Resolution No. 18- 023. Unanimously approved.
12.C. Consideration Of Motion To Authorize The City Attorney To Terminate The Services Of Stanfield & Associates In The Event They Fail To Produce The Property Appraisal Report Associated With The Abandonment Of Rights Of Way By The End Of May 2018 And Authorizing The City Attorney To Request JLL Valuation And Advisory Services Update Its Initial Appraisal Report Conducted On The Rights Of Way In The Poretto Beach Area And Submit A Final Appraisal Report To The City. (Legal) Motion was made by CM Cole, second by MPT Tarlton-Shannon, to defer action until the June City Council meeting. The motion passed 6-1; MPT Tarlton-Shannon voted against the motion.
12.D. Consideration Of Retaining The Firm Of Alexander, Dubose, Jefferson & Townsend For The Rendition Of Services Related To Cause No. 13-CV-0844; CDM Smith Inc. Vs. City Of Galveston Et Al; In The 56th Judicial District Court Of Galveston County Texas; And Authorizing The City Attorney To Sign An Engagement Letter With The Firm. (Legal) Motion was made by Mayor Yarbrough, second by CM Collins, authorizing the City Attorney to sign an engagement with the firm not to exceed $250,000.00. Unanimously approved.
12.E. Consider For Approval A Resolution Of The City Council Of The City Of Galveston, Texas, Amending The Makeup Of The Beach Access And Dune Protection Plan Review Ad Hoc Committee; And Providing Suggested Non Binding Criteria To Be Considered In For Appointment To The Committee, Providing For Findings Of Fact And Providing For An Effective Date. (D. Henry)
Motion was made by Mayor Yarbrough, second by MPT Tarlton-Shannon, to approve Resolution No. 18-024.
CM Cole proposed an amendment to the Mayor's motion by adding two Park Board representatives Reuben Trevino and Peter Davis making it a committee of nine, second by MPT Tarlton-Shannon. Vote on the amended motion: In Favor - Bly, Tarlton-Shannon, and Cole. In opposition - Yarbrough, Brown, Collins, and Hardcastle. The amended motion failed.
The vote on the original motion was unanimously approved.
12.F. Discuss And Consider Appointments To The Beach Access And Dune Protection Plan Review Ad Hoc Committee.
Motion was made by Mayor Yarbrough, second by CM Bly, to appoint Chula Sanchez. Unanimously approved.
Motion was made by MPT Tarlton-Shannon, second by CM Brown, to appoint Rhonda Gregg. Unanimously approved.
Motion was made by CM Brown, second by MPT Tarlton-Shannon, to appoint Reuben Trevino. Unanimously approved.
Motion was made by CM Hardcastle, second by Mayor Yarbrough, to appoint Jerry Mohn. Unanimously approved.
Motion was made by CM Collins, second by Mayor Yarbrough, to appoint Virginia Greb. Unanimously approved.
Motion was made by CM Bly, second by Mayor Yarbrough, to appoint Joanie Steinhaus. Unanimously approved.
Motion was made by CM Cole, second by CM Bly, to appoint Paul Sivon. Unanimously approved.
12.G. Discuss And Consider Scheduling Special Meetings For The Purpose Of Interviewing Applicants For Park Board, Planning Commission, And Wharves Board. (Yarbrough) Motion was made by Mayor Yarbrough, second by CM Collins, to schedule special meetings on June 6th at 8:30 a.m. and June 13th at 1:30 p.m. Unanimously approved.
13. ADJOURNMENT The meeting was adjourned at 2:50 p.m.
Janelle Williams, City Secretary Date Approved: DRAFT MINUTES OF THE CITY COUNCIL OF THE CITY OF GALVESTON REGULAR MEETING - MAY 24, 2018
5/24/2018 - Minutes
1. DECLARATION OF A QUORUM AND CALL MEETING TO ORDER With a quorum present, the meeting was called to order at 1:15 p.m.
2. ROLL CALL Present: Mayor James Yarbrough, Mayor Pro Tem Terrilyn Tarlton-Shannon, Council Member Amy Bly, Council Member Craig Brown, Council Member David Collins, Council Member Jason Hardcastle, and Council Member Jackie Cole.
3. INVOCATION The invocation was given by Reverend Lance Anaya of Moody Methodist Church.
4. PLEDGE OF ALLEGIANCE Pledges to the American and Texas Flags were led by Mayor Yarbrough.
5. CONFLICTS OF INTEREST None.
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 - Mayor Yarbrough expressed thoughts and prayers to our neighbors in Santa Fe.
2. Information regarding holiday schedules
3. Recognition of individuals a.Beach Safety Week - Proclamation - presented to Peter Davis by CM Brown. b.Motorcycle Safety and Awareness Month - presented to visiting Bikers by CM Bly.
Mayor Yarbrough announced that Jack Johnson has been pardoned by the President.
4. Reminders regarding City Council events - Mayor Yarbrough provided information on the upcoming State of the City event on June 12th.
5. Reminders regarding community events
6. Health and safety announcement
6.B. 2018 Landmark Commission Annual Report And Awards Landmark Commission Chair Tom Schwenk provided the Annual Report. The following Landmark Awards were presented by Catherine Gorman and Tom Schwenk: 1801 Avenue M- 1/2, Keith Rayborn and Barbara Chavez; 1509 Mechanic - Melody and Joan Oelze and Stephanie Lang; 2127 Avenue O-1/2, Ashley and Michael Cordray and John Campbell; 1121 33rd Street, Diane Wallace and Chuck Morris; 1212 and 1218 Sealy, Amy Adams Strunk; 1816 Postoffice, Dana Lindstrum and Susan Kingsley; 1328 Sealy, Dennis and Kelly Moresh; 1807 Rosenberg, Jane Lozano and Mason Cagnola; and the Rosenberg Library, John Augelli.
6.C. City Manager's Report - The Investment Report For Quarter Ended March 31, 2018 (M. Loftin) Assistant City Manager Mike Loftin presented the Investment Report.
7. COMMUNICATIONS AND PETITIONS Claims: 18-037 Clay Conrad; 18-038 Jessica Vallery; 18-039 Texas Gas Service; 18-040 Annet Ortega; 18-041 Carlos Rodriguez; 18-042 Cliford & Kathy Barnhart; 18-043 James Gray; 18-044 James Parker; 18-045 Denise Hope; 18-046 Jay Mize
8. PUBLIC HEARINGS
8.A. Conduct A Public Hearing And Consider For Approval An Appeal Of The City Of Galveston Planning Commission’s Decision Regarding A License To Use The Public Right-Of-Way. The Property Is Legally Described As M. Menard Survey, South 69 Feet Of Lot 14 (14-2), Block 71, In The City And County Of Galveston, Texas; Planning Case Number 18P-015; Making Various Findings And Provisions Related To The Subject. (D. Lunsford) The public hearing was opened. The applicant, Larry Zykes, and Rebecca Zykes spoke in favor of the appeal. The public hearing was closed. Motion was made by MPT Tarlton- Shannon, second by CM Brown, to approve the appeal allowing the property owner to keep his palm trees. Unanimously approved.
8.B. Consider For Approval An Ordinance Of The City Of Galveston, Texas, Amending The 2015 Galveston Land Development Regulations, Article 2: Table 2.201: Permitted Uses: Commercial Uses, Article 2: Section 2.357, “Small Scaled Food/Beverage Production” And Section 14.103 “Use Definitions”; To Introduce A New And Unlisted Land Use Of Small Scaled Food Production To Allow For Food And Beverage Production Outside Of The Light Industrial And Heavy Industrial Zoning Districts; Planning Case Number 18za-003; Making Various Findings And Provisions Related To The Subject. (C. Gorman) Ordinance No. 18-035 was read by caption. The applicant John Alvarez was present for questions by City Council. The public hearing was opened; with no speakers, the public hearing was closed. Motion was made by CM Brown, second by CM Collins, to approve the ordinance. Unanimously approved.
8.C. 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 2401 Avenue F/Church Street; Which Is Legally Described As Lot 7, Block 384, In The City And County Of Galveston And Is Located Within Three Hundred Feet Of A School, Church, Or Hospital; Planning Case Number 18PA-028; Making Various Findings And Provisions Related To The Subject. (D. Lunsford) Ordinance No. 18-036 was read by caption. The applicant Andy Mytelka spoke in favor of the variance. The public hearing was opened; with no speakers, the public hearing was closed. Motion was made by CM Collins, second by CM Brown, to approve the ordinance. Unanimously approved.
9. PUBLIC COMMENT
Agenda Items - Rocky Sullivan spoke on behalf of the Chamber of Commerce regarding the LDRs. Rocky Sullivan, Rhonda Gregg, and Reuben Trevino commented on the excavation ordinance.
Non-Agenda Items - Jessica Lira commented on the wrecker ordinance. Paul Case commented on dogs running loose and trash issues at 1020 Seawall.
10. ORDINANCES (NOT REQUIRING PUBLIC HEARINGS)
10.A. Consider For Approval An Ordinance Of The City Of Galveston, Texas, Amending Ordinance No. 18- 034, To Clarify The Designated District Polling Locations For The June, 16, 2018 Runoff Election, To Be Held In The City Of Galveston, For The Purpose Of Electing A City Council Member To District Five (5) ; Making Various Findings And Provisions Related To The Subject; And Providing For An Effective Date. No action.
11. CONSENT ITEMS Motion was made by CM Bly, second by CM Hardcastle, to approve Consent Items 11A through 11DD, correcting Item 11N to read "Pocket Park #2". Unanimously approved.
11.A. Consider For Approval The Awarding Of A One (1) Year Contract With The Option For Up To Four (4),One (1) Year Extensions,To Vizcarra Hospitality, And DRC Emergency Services, For Food Services (RFP #: 18-06). (M. Morgan)
11.B. Consider For Action The Awarding Of A Three (3) Year Contract With The Option For Up To Two (2), One (1) Year Extensions, To DRC Emergency Services As Primary, Crowder Gulf As Secondary, And Bergeron Emergency Services As Tri-Sudiciary For Debris Removal And Disposal (RFP #: 18-07). (M. Morgan)
11.C. Consider For Approval The “Proposed City Of Galveston Branding Guide”. (J. Fortin)
11.D. Consider For Approval Authorizing The Police Department To Purchase Thirteen (13) Tasers, Accompanying Accessories, Maintenance/Service And Warranty Agreements In The Amount Of $14,116.96 From Axon Enterprises. (V. Hale)
11.E. Consider For Approval Authorizing The Purchase Of Thirteen (13) Vista HD Body Worn Cameras Along With Necessary Accompanying Software From Enforcement Video, LLC Dba WatchGuard Video For The Police Department. (V. Hale)
11.F. Consider For Approval Change Order #2, From R.B. Hash & Associates, For The City Hall Roof Project, Decreasing The Contract Amount By $39,321.70 From $624,124.40 To $584,802.70. (C.Kenworthy)
11.G. Consider For Approval RFP# 18-08 Authorizing The City Manager To Enter Into A Three (3) Year Contract With An Option To Extend The Contract For An Additional Year With Flamingo Gardens, For Lawn Maintenance And Landscaping At Various Locations, Including The Broadway Esplanade Flower Beds From 6th Street To 59th Street, In An Amount Not To Exceed $200,000.00 Per Fiscal Year. (B. Sanderson)
11.H. Consider For Approval The Extension Of A Contract With Hutchison Shockey Erly & Co For Financial Advisory Services (M. Loftin)
11.I. Consider For Approval An Extension Of The Contract With Whitley Penn For External Audit Services (M. Loftin)
11.J. Consider For Approval The Authorization To Purchase Extended Warranties On Twelve (12) Power Edge Servers And Three (3) EqualLogic Storage Area Network (SAN) Array Devices From Dell Marketing Through State DIR Contract TSO‐3763 For A Total Cost Of $ 55,095.11. (H.Dean)
11.K. Consider For Approval The Purchase Of Additional And Replacement Firewall Equipment Including Support Service In The Amount Of $ 40,387.64 Utilizing DIR Contract TSO 3763. (H.Dean)
11.L. Consider For Approval The Payment For Annual Support On Banner, The City’s Financial And Human Resources System, In The Amount Of $69,493.05. (H.Dean)
11.M. Consider For Approval The Awarding Of Request For Proposal 18-10 To Worthy Boyd Inc To Provide Vending Services At Beach Pocket Park #3 (M. Rabago)
11.N. Consider For Approval The Awarding Of Request For Proposal 18-10 To Shop Beach Buddies LLC To Provide Vending Services At Beach Pocket Park #3 (M. Rabago)
11.O. Consider For Approval The Awarding Of Request For Proposal 18-10 To Jay Pathibhara LLC To Provide Vending Services At Beach Pocket Park #1 (M. Rabago)
11.P. Consider For Approval The Awarding Of Request For Proposal 18-09 To MTM Ice LLC To Provide Vending Services At Fort Crockett Park On The Seawall (M. Rabago)
11.Q. Consider For The Approval Allowing The Fleet Facility To Purchase The Listed Rolling Stock And Associated Equipment From Silsbee Ford Through HGAC Buy For A Total Price Of $106,962.40. Funding Sources Are The Sanitation Capital Outlay Account, And IDC-Parks. (D. Smith)
11.R. Consider For The Approval Allowing Island Transit To Sell Its Stocked New Flyer Parts (And Tools) Valued At $33,270.03 To The Gulf Coast Center, Who Is The Owner Of Three New Flyer Buses That Were Serviced By The Island Transit Maintenance Facility, And Authorize The City Manager To Execute The Agreement Upon Final Approval By The City Attorney. (D. Smith)
11.S. Consider For The Approval Allowing The Fleet Facility To Purchase One Sewer CCTV Inspection Truck And Associated Equipment From Rush Truck Center Through Buy Board For A Total Price Of $329,790.60. The Funding Source Will Be The Sewer Capital Outlay Account. (D. Smith)
11.T. Consider For Approval Change Order #3 For The Contract With Main Lane Industries, Ltd., For The Reconstruction Of Market Street From 25th Street To 19th Street Project, Increasing The Contract From $3,740,529.88 By The Amount Of $160,423.43 To A New Cost Of $3,900,953.31. The Funding Source Will Be The CDBG Disaster Recovery Non-Housing Round 2.1 Program. (R. Blackketter)
11.U. Consider For Approval Change Order #4 From Triple B Services, LLC, For The Sealy Avenue Improvements From 33rd To 25th Project, Increasing The Contract Amount From $2,580,903.80 By $34,465.48 To The New Cost Of $2,615,369.28, And Increasing The Term By 17 Days To A New Term Of 379 Calendar Days. The Funding Source Will Be The CDBG Disaster Recovery Non-Housing Round 2.2 Program. Authorizing The City Manager To Execute All Necessary Documents Upon Final Approval By The City Attorney. (R. Blackketter)
11.V. Consider For Approval Of The Low Responsive Bidder (BID #18-018) LEM Construction Co., Inc., For The Airport Wastewater Treatment Plant Improvements Project In The Amount Of $6,792,200.00 (Base Bid Plus Alternates). (R. Blackketter)
11.W. Consider For Approval Change Order No. 3 With Lucas Construction Co., Inc., For The 27th Street Improvements (Broadway To Avenue O) Project, Increasing The Contract From $2,641,479.50 By The Amount Of $33,401.35 To A New Cost Of $2,674,880.85, And Extending The Term By 210 Days. (R. Blackketter)
11.X. Consider For Approval Of Change Order No. 8 To The Contract With Cardinal Contractors, Inc., For The New 59th Street Pump Station Project, Increasing The Contract By $32,205.62 To A New Total Amount Of $17,464,750.95 And Extending The Contract Term By An Additional 156 Days. Authorizing The City Manager To Execute All Necessary Documents Upon Final Approval By The City Attorney. (R. Blackketter)
11.Y. Consider For Approval Of Change Order #1 To The Contract With Main Lane Industries, Ltd., For The 26th Street Paving And Drainage Improvements - Ave N To Broadway Project Decreasing The Contract From $519,710.00 By The Amount Of $14,780.00 To A New Cost Of $504,930.00. (R. Blackketter)
11.Z. Consider For Approval A Memorandum Of Understanding (MOU) Between City Of Galveston/Island Transit And The Houston-Galveston Area Council (H-GAC), Texas Department Of Transportation (TxDOT), Houston METRO Et Al. Regarding Cooperative, Comprehensive And Continuing Metropolitan Planning Process, As Required By The US. Department Of Transportation (USDOT) Guidelines, 23 CFR 450 Subparts A & C). (R. Beverlin)
11.AA. Consider For Approval Accepting The City Auditor's Report On The Cruise Parking Audit Report AU2018-1. (G. Bulgherini)
11.BB. Consider For Approval Accepting The City Auditor's Final Report On AU2018-2 False Fire Alarm Audit. (G. Bulgherini)
11.CC. Consider For Approval The Purchase Of 172 Yodock 148010B & 148024B Barricades From Dobie Supply, LLC For The Traffic Department. (T. Wrobleski)
11.DD. Receive And File The Following Items:
12. ACTION ITEMS
12.A. Discuss And Consider For Action The Demolition Of Seawolf Park Pavilion Through An Alternate Project Request With FEMA And The Park Board Of Trustees. (Brown/Yarbrough) Motion was made by MPT Tarlton-Shannon, second by CM Brown, to approve demolition of Seawolf Park Pavilion. Unanimously approved.
12.B. Consider For Approval A Resolution Of The City Council Of The City Of Galveston, Texas Providing That A Portion Of Section One (1) Of The Preserve At West Beach Subdivision On Galveston Island Be Released From Operation Of The Development Agreement Between The City Of Galveston And Marquette Galveston Investment, Ltd. And The Master Declaration Of Covenants, Conditions, And Restrictions For The Preserve At West Beach Subdivision On Galveston Island, Texas; Authorizing The City Manager To Execute All Necessary Documents Upon Final Approval By The City Attorney; Directing The City Attorney To File And Record This Resolution In The Official Records Of Real Property In Galveston County, Texas; Providing For Findings Of Fact And Providing For An Effective Date. (Legal) Motion was made by Mayor Yarbrough, second by CM Brown, to approve Resolution No. 18- 023. Unanimously approved.
12.C. Consideration Of Motion To Authorize The City Attorney To Terminate The Services Of Stanfield & Associates In The Event They Fail To Produce The Property Appraisal Report Associated With The Abandonment Of Rights Of Way By The End Of May 2018 And Authorizing The City Attorney To Request JLL Valuation And Advisory Services Update Its Initial Appraisal Report Conducted On The Rights Of Way In The Poretto Beach Area And Submit A Final Appraisal Report To The City. (Legal) Motion was made by CM Cole, second by MPT Tarlton-Shannon, to defer action until the June City Council meeting. The motion passed 6-1; MPT Tarlton-Shannon voted against the motion.
12.D. Consideration Of Retaining The Firm Of Alexander, Dubose, Jefferson & Townsend For The Rendition Of Services Related To Cause No. 13-CV-0844; CDM Smith Inc. Vs. City Of Galveston Et Al; In The 56th Judicial District Court Of Galveston County Texas; And Authorizing The City Attorney To Sign An Engagement Letter With The Firm. (Legal) Motion was made by Mayor Yarbrough, second by CM Collins, authorizing the City Attorney to sign an engagement with the firm not to exceed $250,000.00. Unanimously approved.
12.E. Consider For Approval A Resolution Of The City Council Of The City Of Galveston, Texas, Amending The Makeup Of The Beach Access And Dune Protection Plan Review Ad Hoc Committee; And Providing Suggested Non Binding Criteria To Be Considered In For Appointment To The Committee, Providing For Findings Of Fact And Providing For An Effective Date. (D. Henry)
Motion was made by Mayor Yarbrough, second by MPT Tarlton-Shannon, to approve Resolution No. 18-024.
CM Cole proposed an amendment to the Mayor's motion by adding two Park Board representatives Reuben Trevino and Peter Davis making it a committee of nine, second by MPT Tarlton-Shannon. Vote on the amended motion: In Favor - Bly, Tarlton-Shannon, and Cole. In opposition - Yarbrough, Brown, Collins, and Hardcastle. The amended motion failed.
The vote on the original motion was unanimously approved.
12.F. Discuss And Consider Appointments To The Beach Access And Dune Protection Plan Review Ad Hoc Committee.
Motion was made by Mayor Yarbrough, second by CM Bly, to appoint Chula Sanchez. Unanimously approved.
Motion was made by MPT Tarlton-Shannon, second by CM Brown, to appoint Rhonda Gregg. Unanimously approved.
Motion was made by CM Brown, second by MPT Tarlton-Shannon, to appoint Reuben Trevino. Unanimously approved.
Motion was made by CM Hardcastle, second by Mayor Yarbrough, to appoint Jerry Mohn. Unanimously approved.
Motion was made by CM Collins, second by Mayor Yarbrough, to appoint Virginia Greb. Unanimously approved.
Motion was made by CM Bly, second by Mayor Yarbrough, to appoint Joanie Steinhaus. Unanimously approved.
Motion was made by CM Cole, second by CM Bly, to appoint Paul Sivon. Unanimously approved.
12.G. Discuss And Consider Scheduling Special Meetings For The Purpose Of Interviewing Applicants For Park Board, Planning Commission, And Wharves Board. (Yarbrough) Motion was made by Mayor Yarbrough, second by CM Collins, to schedule special meetings on June 6th at 8:30 a.m. and June 13th at 1:30 p.m. Unanimously approved.
13. ADJOURNMENT The meeting was adjourned at 2:50 p.m.
Janelle Williams, City Secretary Date Approved: DRAFT MINUTES OF THE CITY COUNCIL OF THE CITY OF GALVESTON REGULAR MEETING - MAY 24, 2018
5/24/2018 - Minutes
1. DECLARATION OF A QUORUM AND CALL MEETING TO ORDER With a quorum present, the meeting was called to order at 1:15 p.m.
2. ROLL CALL Present: Mayor James Yarbrough, Mayor Pro Tem Terrilyn Tarlton-Shannon, Council Member Amy Bly, Council Member Craig Brown, Council Member David Collins, Council Member Jason Hardcastle, and Council Member Jackie Cole.
3. INVOCATION The invocation was given by Reverend Lance Anaya of Moody Methodist Church.
4. PLEDGE OF ALLEGIANCE Pledges to the American and Texas Flags were led by Mayor Yarbrough.
5. CONFLICTS OF INTEREST None.
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 - Mayor Yarbrough expressed thoughts and prayers to our neighbors in Santa Fe.
2. Information regarding holiday schedules
3. Recognition of individuals a.Beach Safety Week - Proclamation - presented to Peter Davis by CM Brown. b.Motorcycle Safety and Awareness Month - presented to visiting Bikers by CM Bly.
Mayor Yarbrough announced that Jack Johnson has been pardoned by the President.
4. Reminders regarding City Council events - Mayor Yarbrough provided information on the upcoming State of the City event on June 12th.
5. Reminders regarding community events
6. Health and safety announcement
6.B. 2018 Landmark Commission Annual Report And Awards Landmark Commission Chair Tom Schwenk provided the Annual Report. The following Landmark Awards were presented by Catherine Gorman and Tom Schwenk: 1801 Avenue M- 1/2, Keith Rayborn and Barbara Chavez; 1509 Mechanic - Melody and Joan Oelze and Stephanie Lang; 2127 Avenue O-1/2, Ashley and Michael Cordray and John Campbell; 1121 33rd Street, Diane Wallace and Chuck Morris; 1212 and 1218 Sealy, Amy Adams Strunk; 1816 Postoffice, Dana Lindstrum and Susan Kingsley; 1328 Sealy, Dennis and Kelly Moresh; 1807 Rosenberg, Jane Lozano and Mason Cagnola; and the Rosenberg Library, John Augelli.
6.C. City Manager's Report - The Investment Report For Quarter Ended March 31, 2018 (M. Loftin) Assistant City Manager Mike Loftin presented the Investment Report.
7. COMMUNICATIONS AND PETITIONS Claims: 18-037 Clay Conrad; 18-038 Jessica Vallery; 18-039 Texas Gas Service; 18-040 Annet Ortega; 18-041 Carlos Rodriguez; 18-042 Cliford & Kathy Barnhart; 18-043 James Gray; 18-044 James Parker; 18-045 Denise Hope; 18-046 Jay Mize
8. PUBLIC HEARINGS
8.A. Conduct A Public Hearing And Consider For Approval An Appeal Of The City Of Galveston Planning Commission’s Decision Regarding A License To Use The Public Right-Of-Way. The Property Is Legally Described As M. Menard Survey, South 69 Feet Of Lot 14 (14-2), Block 71, In The City And County Of Galveston, Texas; Planning Case Number 18P-015; Making Various Findings And Provisions Related To The Subject. (D. Lunsford) The public hearing was opened. The applicant, Larry Zykes, and Rebecca Zykes spoke in favor of the appeal. The public hearing was closed. Motion was made by MPT Tarlton- Shannon, second by CM Brown, to approve the appeal allowing the property owner to keep his palm trees. Unanimously approved.
8.B. Consider For Approval An Ordinance Of The City Of Galveston, Texas, Amending The 2015 Galveston Land Development Regulations, Article 2: Table 2.201: Permitted Uses: Commercial Uses, Article 2: Section 2.357, “Small Scaled Food/Beverage Production” And Section 14.103 “Use Definitions”; To Introduce A New And Unlisted Land Use Of Small Scaled Food Production To Allow For Food And Beverage Production Outside Of The Light Industrial And Heavy Industrial Zoning Districts; Planning Case Number 18za-003; Making Various Findings And Provisions Related To The Subject. (C. Gorman) Ordinance No. 18-035 was read by caption. The applicant John Alvarez was present for questions by City Council. The public hearing was opened; with no speakers, the public hearing was closed. Motion was made by CM Brown, second by CM Collins, to approve the ordinance. Unanimously approved.
8.C. 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 2401 Avenue F/Church Street; Which Is Legally Described As Lot 7, Block 384, In The City And County Of Galveston And Is Located Within Three Hundred Feet Of A School, Church, Or Hospital; Planning Case Number 18PA-028; Making Various Findings And Provisions Related To The Subject. (D. Lunsford) Ordinance No. 18-036 was read by caption. The applicant Andy Mytelka spoke in favor of the variance. The public hearing was opened; with no speakers, the public hearing was closed. Motion was made by CM Collins, second by CM Brown, to approve the ordinance. Unanimously approved.
9. PUBLIC COMMENT
Agenda Items - Rocky Sullivan spoke on behalf of the Chamber of Commerce regarding the LDRs. Rocky Sullivan, Rhonda Gregg, and Reuben Trevino commented on the excavation ordinance.
Non-Agenda Items - Jessica Lira commented on the wrecker ordinance. Paul Case commented on dogs running loose and trash issues at 1020 Seawall.
10. ORDINANCES (NOT REQUIRING PUBLIC HEARINGS)
10.A. Consider For Approval An Ordinance Of The City Of Galveston, Texas, Amending Ordinance No. 18- 034, To Clarify The Designated District Polling Locations For The June, 16, 2018 Runoff Election, To Be Held In The City Of Galveston, For The Purpose Of Electing A City Council Member To District Five (5) ; Making Various Findings And Provisions Related To The Subject; And Providing For An Effective Date. No action.
11. CONSENT ITEMS Motion was made by CM Bly, second by CM Hardcastle, to approve Consent Items 11A through 11DD, correcting Item 11N to read "Pocket Park #2". Unanimously approved.
11.A. Consider For Approval The Awarding Of A One (1) Year Contract With The Option For Up To Four (4),One (1) Year Extensions,To Vizcarra Hospitality, And DRC Emergency Services, For Food Services (RFP #: 18-06). (M. Morgan)
11.B. Consider For Action The Awarding Of A Three (3) Year Contract With The Option For Up To Two (2), One (1) Year Extensions, To DRC Emergency Services As Primary, Crowder Gulf As Secondary, And Bergeron Emergency Services As Tri-Sudiciary For Debris Removal And Disposal (RFP #: 18-07). (M. Morgan)
11.C. Consider For Approval The “Proposed City Of Galveston Branding Guide”. (J. Fortin)
11.D. Consider For Approval Authorizing The Police Department To Purchase Thirteen (13) Tasers, Accompanying Accessories, Maintenance/Service And Warranty Agreements In The Amount Of $14,116.96 From Axon Enterprises. (V. Hale)
11.E. Consider For Approval Authorizing The Purchase Of Thirteen (13) Vista HD Body Worn Cameras Along With Necessary Accompanying Software From Enforcement Video, LLC Dba WatchGuard Video For The Police Department. (V. Hale)
11.F. Consider For Approval Change Order #2, From R.B. Hash & Associates, For The City Hall Roof Project, Decreasing The Contract Amount By $39,321.70 From $624,124.40 To $584,802.70. (C.Kenworthy)
11.G. Consider For Approval RFP# 18-08 Authorizing The City Manager To Enter Into A Three (3) Year Contract With An Option To Extend The Contract For An Additional Year With Flamingo Gardens, For Lawn Maintenance And Landscaping At Various Locations, Including The Broadway Esplanade Flower Beds From 6th Street To 59th Street, In An Amount Not To Exceed $200,000.00 Per Fiscal Year. (B. Sanderson)
11.H. Consider For Approval The Extension Of A Contract With Hutchison Shockey Erly & Co For Financial Advisory Services (M. Loftin)
11.I. Consider For Approval An Extension Of The Contract With Whitley Penn For External Audit Services (M. Loftin)
11.J. Consider For Approval The Authorization To Purchase Extended Warranties On Twelve (12) Power Edge Servers And Three (3) EqualLogic Storage Area Network (SAN) Array Devices From Dell Marketing Through State DIR Contract TSO‐3763 For A Total Cost Of $ 55,095.11. (H.Dean)
11.K. Consider For Approval The Purchase Of Additional And Replacement Firewall Equipment Including Support Service In The Amount Of $ 40,387.64 Utilizing DIR Contract TSO 3763. (H.Dean)
11.L. Consider For Approval The Payment For Annual Support On Banner, The City’s Financial And Human Resources System, In The Amount Of $69,493.05. (H.Dean)
11.M. Consider For Approval The Awarding Of Request For Proposal 18-10 To Worthy Boyd Inc To Provide Vending Services At Beach Pocket Park #3 (M. Rabago)
11.N. Consider For Approval The Awarding Of Request For Proposal 18-10 To Shop Beach Buddies LLC To Provide Vending Services At Beach Pocket Park #3 (M. Rabago)
11.O. Consider For Approval The Awarding Of Request For Proposal 18-10 To Jay Pathibhara LLC To Provide Vending Services At Beach Pocket Park #1 (M. Rabago)
11.P. Consider For Approval The Awarding Of Request For Proposal 18-09 To MTM Ice LLC To Provide Vending Services At Fort Crockett Park On The Seawall (M. Rabago)
11.Q. Consider For The Approval Allowing The Fleet Facility To Purchase The Listed Rolling Stock And Associated Equipment From Silsbee Ford Through HGAC Buy For A Total Price Of $106,962.40. Funding Sources Are The Sanitation Capital Outlay Account, And IDC-Parks. (D. Smith)
11.R. Consider For The Approval Allowing Island Transit To Sell Its Stocked New Flyer Parts (And Tools) Valued At $33,270.03 To The Gulf Coast Center, Who Is The Owner Of Three New Flyer Buses That Were Serviced By The Island Transit Maintenance Facility, And Authorize The City Manager To Execute The Agreement Upon Final Approval By The City Attorney. (D. Smith)
11.S. Consider For The Approval Allowing The Fleet Facility To Purchase One Sewer CCTV Inspection Truck And Associated Equipment From Rush Truck Center Through Buy Board For A Total Price Of $329,790.60. The Funding Source Will Be The Sewer Capital Outlay Account. (D. Smith)
11.T. Consider For Approval Change Order #3 For The Contract With Main Lane Industries, Ltd., For The Reconstruction Of Market Street From 25th Street To 19th Street Project, Increasing The Contract From $3,740,529.88 By The Amount Of $160,423.43 To A New Cost Of $3,900,953.31. The Funding Source Will Be The CDBG Disaster Recovery Non-Housing Round 2.1 Program. (R. Blackketter)
11.U. Consider For Approval Change Order #4 From Triple B Services, LLC, For The Sealy Avenue Improvements From 33rd To 25th Project, Increasing The Contract Amount From $2,580,903.80 By $34,465.48 To The New Cost Of $2,615,369.28, And Increasing The Term By 17 Days To A New Term Of 379 Calendar Days. The Funding Source Will Be The CDBG Disaster Recovery Non-Housing Round 2.2 Program. Authorizing The City Manager To Execute All Necessary Documents Upon Final Approval By The City Attorney. (R. Blackketter)
11.V. Consider For Approval Of The Low Responsive Bidder (BID #18-018) LEM Construction Co., Inc., For The Airport Wastewater Treatment Plant Improvements Project In The Amount Of $6,792,200.00 (Base Bid Plus Alternates). (R. Blackketter)
11.W. Consider For Approval Change Order No. 3 With Lucas Construction Co., Inc., For The 27th Street Improvements (Broadway To Avenue O) Project, Increasing The Contract From $2,641,479.50 By The Amount Of $33,401.35 To A New Cost Of $2,674,880.85, And Extending The Term By 210 Days. (R. Blackketter)
11.X. Consider For Approval Of Change Order No. 8 To The Contract With Cardinal Contractors, Inc., For The New 59th Street Pump Station Project, Increasing The Contract By $32,205.62 To A New Total Amount Of $17,464,750.95 And Extending The Contract Term By An Additional 156 Days. Authorizing The City Manager To Execute All Necessary Documents Upon Final Approval By The City Attorney. (R. Blackketter)
11.Y. Consider For Approval Of Change Order #1 To The Contract With Main Lane Industries, Ltd., For The 26th Street Paving And Drainage Improvements - Ave N To Broadway Project Decreasing The Contract From $519,710.00 By The Amount Of $14,780.00 To A New Cost Of $504,930.00. (R. Blackketter)
11.Z. Consider For Approval A Memorandum Of Understanding (MOU) Between City Of Galveston/Island Transit And The Houston-Galveston Area Council (H-GAC), Texas Department Of Transportation (TxDOT), Houston METRO Et Al. Regarding Cooperative, Comprehensive And Continuing Metropolitan Planning Process, As Required By The US. Department Of Transportation (USDOT) Guidelines, 23 CFR 450 Subparts A & C). (R. Beverlin)
11.AA. Consider For Approval Accepting The City Auditor's Report On The Cruise Parking Audit Report AU2018-1. (G. Bulgherini)
11.BB. Consider For Approval Accepting The City Auditor's Final Report On AU2018-2 False Fire Alarm Audit. (G. Bulgherini)
11.CC. Consider For Approval The Purchase Of 172 Yodock 148010B & 148024B Barricades From Dobie Supply, LLC For The Traffic Department. (T. Wrobleski)
11.DD. Receive And File The Following Items:
12. ACTION ITEMS
12.A. Discuss And Consider For Action The Demolition Of Seawolf Park Pavilion Through An Alternate Project Request With FEMA And The Park Board Of Trustees. (Brown/Yarbrough) Motion was made by MPT Tarlton-Shannon, second by CM Brown, to approve demolition of Seawolf Park Pavilion. Unanimously approved.
12.B. Consider For Approval A Resolution Of The City Council Of The City Of Galveston, Texas Providing That A Portion Of Section One (1) Of The Preserve At West Beach Subdivision On Galveston Island Be Released From Operation Of The Development Agreement Between The City Of Galveston And Marquette Galveston Investment, Ltd. And The Master Declaration Of Covenants, Conditions, And Restrictions For The Preserve At West Beach Subdivision On Galveston Island, Texas; Authorizing The City Manager To Execute All Necessary Documents Upon Final Approval By The City Attorney; Directing The City Attorney To File And Record This Resolution In The Official Records Of Real Property In Galveston County, Texas; Providing For Findings Of Fact And Providing For An Effective Date. (Legal) Motion was made by Mayor Yarbrough, second by CM Brown, to approve Resolution No. 18- 023. Unanimously approved.
12.C. Consideration Of Motion To Authorize The City Attorney To Terminate The Services Of Stanfield & Associates In The Event They Fail To Produce The Property Appraisal Report Associated With The Abandonment Of Rights Of Way By The End Of May 2018 And Authorizing The City Attorney To Request JLL Valuation And Advisory Services Update Its Initial Appraisal Report Conducted On The Rights Of Way In The Poretto Beach Area And Submit A Final Appraisal Report To The City. (Legal) Motion was made by CM Cole, second by MPT Tarlton-Shannon, to defer action until the June City Council meeting. The motion passed 6-1; MPT Tarlton-Shannon voted against the motion.
12.D. Consideration Of Retaining The Firm Of Alexander, Dubose, Jefferson & Townsend For The Rendition Of Services Related To Cause No. 13-CV-0844; CDM Smith Inc. Vs. City Of Galveston Et Al; In The 56th Judicial District Court Of Galveston County Texas; And Authorizing The City Attorney To Sign An Engagement Letter With The Firm. (Legal) Motion was made by Mayor Yarbrough, second by CM Collins, authorizing the City Attorney to sign an engagement with the firm not to exceed $250,000.00. Unanimously approved.
12.E. Consider For Approval A Resolution Of The City Council Of The City Of Galveston, Texas, Amending The Makeup Of The Beach Access And Dune Protection Plan Review Ad Hoc Committee; And Providing Suggested Non Binding Criteria To Be Considered In For Appointment To The Committee, Providing For Findings Of Fact And Providing For An Effective Date. (D. Henry)
Motion was made by Mayor Yarbrough, second by MPT Tarlton-Shannon, to approve Resolution No. 18-024.
CM Cole proposed an amendment to the Mayor's motion by adding two Park Board representatives Reuben Trevino and Peter Davis making it a committee of nine, second by MPT Tarlton-Shannon. Vote on the amended motion: In Favor - Bly, Tarlton-Shannon, and Cole. In opposition - Yarbrough, Brown, Collins, and Hardcastle. The amended motion failed.
The vote on the original motion was unanimously approved.
12.F. Discuss And Consider Appointments To The Beach Access And Dune Protection Plan Review Ad Hoc Committee.
Motion was made by Mayor Yarbrough, second by CM Bly, to appoint Chula Sanchez. Unanimously approved.
Motion was made by MPT Tarlton-Shannon, second by CM Brown, to appoint Rhonda Gregg. Unanimously approved.
Motion was made by CM Brown, second by MPT Tarlton-Shannon, to appoint Reuben Trevino. Unanimously approved.
Motion was made by CM Hardcastle, second by Mayor Yarbrough, to appoint Jerry Mohn. Unanimously approved.
Motion was made by CM Collins, second by Mayor Yarbrough, to appoint Virginia Greb. Unanimously approved.
Motion was made by CM Bly, second by Mayor Yarbrough, to appoint Joanie Steinhaus. Unanimously approved.
Motion was made by CM Cole, second by CM Bly, to appoint Paul Sivon. Unanimously approved.
12.G. Discuss And Consider Scheduling Special Meetings For The Purpose Of Interviewing Applicants For Park Board, Planning Commission, And Wharves Board. (Yarbrough) Motion was made by Mayor Yarbrough, second by CM Collins, to schedule special meetings on June 6th at 8:30 a.m. and June 13th at 1:30 p.m. Unanimously approved.
13. ADJOURNMENT The meeting was adjourned at 2:50 p.m.
Janelle Williams, City Secretary Date Approved: DRAFT MINUTES OF THE CITY COUNCIL OF THE CITY OF GALVESTON REGULAR MEETING - MAY 24, 2018
5/24/2018 - Minutes
1. DECLARATION OF A QUORUM AND CALL MEETING TO ORDER With a quorum present, the meeting was called to order at 1:15 p.m.
2. ROLL CALL Present: Mayor James Yarbrough, Mayor Pro Tem Terrilyn Tarlton-Shannon, Council Member Amy Bly, Council Member Craig Brown, Council Member David Collins, Council Member Jason Hardcastle, and Council Member Jackie Cole.
3. INVOCATION The invocation was given by Reverend Lance Anaya of Moody Methodist Church.
4. PLEDGE OF ALLEGIANCE Pledges to the American and Texas Flags were led by Mayor Yarbrough.
5. CONFLICTS OF INTEREST None.
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 - Mayor Yarbrough expressed thoughts and prayers to our neighbors in Santa Fe.
2. Information regarding holiday schedules
3. Recognition of individuals a.Beach Safety Week - Proclamation - presented to Peter Davis by CM Brown. b.Motorcycle Safety and Awareness Month - presented to visiting Bikers by CM Bly.
Mayor Yarbrough announced that Jack Johnson has been pardoned by the President.
4. Reminders regarding City Council events - Mayor Yarbrough provided information on the upcoming State of the City event on June 12th.
5. Reminders regarding community events
6. Health and safety announcement
6.B. 2018 Landmark Commission Annual Report And Awards Landmark Commission Chair Tom Schwenk provided the Annual Report. The following Landmark Awards were presented by Catherine Gorman and Tom Schwenk: 1801 Avenue M- 1/2, Keith Rayborn and Barbara Chavez; 1509 Mechanic - Melody and Joan Oelze and Stephanie Lang; 2127 Avenue O-1/2, Ashley and Michael Cordray and John Campbell; 1121 33rd Street, Diane Wallace and Chuck Morris; 1212 and 1218 Sealy, Amy Adams Strunk; 1816 Postoffice, Dana Lindstrum and Susan Kingsley; 1328 Sealy, Dennis and Kelly Moresh; 1807 Rosenberg, Jane Lozano and Mason Cagnola; and the Rosenberg Library, John Augelli.
6.C. City Manager's Report - The Investment Report For Quarter Ended March 31, 2018 (M. Loftin) Assistant City Manager Mike Loftin presented the Investment Report.
7. COMMUNICATIONS AND PETITIONS Claims: 18-037 Clay Conrad; 18-038 Jessica Vallery; 18-039 Texas Gas Service; 18-040 Annet Ortega; 18-041 Carlos Rodriguez; 18-042 Cliford & Kathy Barnhart; 18-043 James Gray; 18-044 James Parker; 18-045 Denise Hope; 18-046 Jay Mize
8. PUBLIC HEARINGS
8.A. Conduct A Public Hearing And Consider For Approval An Appeal Of The City Of Galveston Planning Commission’s Decision Regarding A License To Use The Public Right-Of-Way. The Property Is Legally Described As M. Menard Survey, South 69 Feet Of Lot 14 (14-2), Block 71, In The City And County Of Galveston, Texas; Planning Case Number 18P-015; Making Various Findings And Provisions Related To The Subject. (D. Lunsford) The public hearing was opened. The applicant, Larry Zykes, and Rebecca Zykes spoke in favor of the appeal. The public hearing was closed. Motion was made by MPT Tarlton- Shannon, second by CM Brown, to approve the appeal allowing the property owner to keep his palm trees. Unanimously approved.
8.B. Consider For Approval An Ordinance Of The City Of Galveston, Texas, Amending The 2015 Galveston Land Development Regulations, Article 2: Table 2.201: Permitted Uses: Commercial Uses, Article 2: Section 2.357, “Small Scaled Food/Beverage Production” And Section 14.103 “Use Definitions”; To Introduce A New And Unlisted Land Use Of Small Scaled Food Production To Allow For Food And Beverage Production Outside Of The Light Industrial And Heavy Industrial Zoning Districts; Planning Case Number 18za-003; Making Various Findings And Provisions Related To The Subject. (C. Gorman) Ordinance No. 18-035 was read by caption. The applicant John Alvarez was present for questions by City Council. The public hearing was opened; with no speakers, the public hearing was closed. Motion was made by CM Brown, second by CM Collins, to approve the ordinance. Unanimously approved.
8.C. 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 2401 Avenue F/Church Street; Which Is Legally Described As Lot 7, Block 384, In The City And County Of Galveston And Is Located Within Three Hundred Feet Of A School, Church, Or Hospital; Planning Case Number 18PA-028; Making Various Findings And Provisions Related To The Subject. (D. Lunsford) Ordinance No. 18-036 was read by caption. The applicant Andy Mytelka spoke in favor of the variance. The public hearing was opened; with no speakers, the public hearing was closed. Motion was made by CM Collins, second by CM Brown, to approve the ordinance. Unanimously approved.
9. PUBLIC COMMENT
Agenda Items - Rocky Sullivan spoke on behalf of the Chamber of Commerce regarding the LDRs. Rocky Sullivan, Rhonda Gregg, and Reuben Trevino commented on the excavation ordinance.
Non-Agenda Items - Jessica Lira commented on the wrecker ordinance. Paul Case commented on dogs running loose and trash issues at 1020 Seawall.
10. ORDINANCES (NOT REQUIRING PUBLIC HEARINGS)
10.A. Consider For Approval An Ordinance Of The City Of Galveston, Texas, Amending Ordinance No. 18- 034, To Clarify The Designated District Polling Locations For The June, 16, 2018 Runoff Election, To Be Held In The City Of Galveston, For The Purpose Of Electing A City Council Member To District Five (5) ; Making Various Findings And Provisions Related To The Subject; And Providing For An Effective Date. No action.
11. CONSENT ITEMS Motion was made by CM Bly, second by CM Hardcastle, to approve Consent Items 11A through 11DD, correcting Item 11N to read "Pocket Park #2". Unanimously approved.
11.A. Consider For Approval The Awarding Of A One (1) Year Contract With The Option For Up To Four (4),One (1) Year Extensions,To Vizcarra Hospitality, And DRC Emergency Services, For Food Services (RFP #: 18-06). (M. Morgan)
11.B. Consider For Action The Awarding Of A Three (3) Year Contract With The Option For Up To Two (2), One (1) Year Extensions, To DRC Emergency Services As Primary, Crowder Gulf As Secondary, And Bergeron Emergency Services As Tri-Sudiciary For Debris Removal And Disposal (RFP #: 18-07). (M. Morgan)
11.C. Consider For Approval The “Proposed City Of Galveston Branding Guide”. (J. Fortin)
11.D. Consider For Approval Authorizing The Police Department To Purchase Thirteen (13) Tasers, Accompanying Accessories, Maintenance/Service And Warranty Agreements In The Amount Of $14,116.96 From Axon Enterprises. (V. Hale)
11.E. Consider For Approval Authorizing The Purchase Of Thirteen (13) Vista HD Body Worn Cameras Along With Necessary Accompanying Software From Enforcement Video, LLC Dba WatchGuard Video For The Police Department. (V. Hale)
11.F. Consider For Approval Change Order #2, From R.B. Hash & Associates, For The City Hall Roof Project, Decreasing The Contract Amount By $39,321.70 From $624,124.40 To $584,802.70. (C.Kenworthy)
11.G. Consider For Approval RFP# 18-08 Authorizing The City Manager To Enter Into A Three (3) Year Contract With An Option To Extend The Contract For An Additional Year With Flamingo Gardens, For Lawn Maintenance And Landscaping At Various Locations, Including The Broadway Esplanade Flower Beds From 6th Street To 59th Street, In An Amount Not To Exceed $200,000.00 Per Fiscal Year. (B. Sanderson)
11.H. Consider For Approval The Extension Of A Contract With Hutchison Shockey Erly & Co For Financial Advisory Services (M. Loftin)
11.I. Consider For Approval An Extension Of The Contract With Whitley Penn For External Audit Services (M. Loftin)
11.J. Consider For Approval The Authorization To Purchase Extended Warranties On Twelve (12) Power Edge Servers And Three (3) EqualLogic Storage Area Network (SAN) Array Devices From Dell Marketing Through State DIR Contract TSO‐3763 For A Total Cost Of $ 55,095.11. (H.Dean)
11.K. Consider For Approval The Purchase Of Additional And Replacement Firewall Equipment Including Support Service In The Amount Of $ 40,387.64 Utilizing DIR Contract TSO 3763. (H.Dean)
11.L. Consider For Approval The Payment For Annual Support On Banner, The City’s Financial And Human Resources System, In The Amount Of $69,493.05. (H.Dean)
11.M. Consider For Approval The Awarding Of Request For Proposal 18-10 To Worthy Boyd Inc To Provide Vending Services At Beach Pocket Park #3 (M. Rabago)
11.N. Consider For Approval The Awarding Of Request For Proposal 18-10 To Shop Beach Buddies LLC To Provide Vending Services At Beach Pocket Park #3 (M. Rabago)
11.O. Consider For Approval The Awarding Of Request For Proposal 18-10 To Jay Pathibhara LLC To Provide Vending Services At Beach Pocket Park #1 (M. Rabago)
11.P. Consider For Approval The Awarding Of Request For Proposal 18-09 To MTM Ice LLC To Provide Vending Services At Fort Crockett Park On The Seawall (M. Rabago)
11.Q. Consider For The Approval Allowing The Fleet Facility To Purchase The Listed Rolling Stock And Associated Equipment From Silsbee Ford Through HGAC Buy For A Total Price Of $106,962.40. Funding Sources Are The Sanitation Capital Outlay Account, And IDC-Parks. (D. Smith)
11.R. Consider For The Approval Allowing Island Transit To Sell Its Stocked New Flyer Parts (And Tools) Valued At $33,270.03 To The Gulf Coast Center, Who Is The Owner Of Three New Flyer Buses That Were Serviced By The Island Transit Maintenance Facility, And Authorize The City Manager To Execute The Agreement Upon Final Approval By The City Attorney. (D. Smith)
11.S. Consider For The Approval Allowing The Fleet Facility To Purchase One Sewer CCTV Inspection Truck And Associated Equipment From Rush Truck Center Through Buy Board For A Total Price Of $329,790.60. The Funding Source Will Be The Sewer Capital Outlay Account. (D. Smith)
11.T. Consider For Approval Change Order #3 For The Contract With Main Lane Industries, Ltd., For The Reconstruction Of Market Street From 25th Street To 19th Street Project, Increasing The Contract From $3,740,529.88 By The Amount Of $160,423.43 To A New Cost Of $3,900,953.31. The Funding Source Will Be The CDBG Disaster Recovery Non-Housing Round 2.1 Program. (R. Blackketter)
11.U. Consider For Approval Change Order #4 From Triple B Services, LLC, For The Sealy Avenue Improvements From 33rd To 25th Project, Increasing The Contract Amount From $2,580,903.80 By $34,465.48 To The New Cost Of $2,615,369.28, And Increasing The Term By 17 Days To A New Term Of 379 Calendar Days. The Funding Source Will Be The CDBG Disaster Recovery Non-Housing Round 2.2 Program. Authorizing The City Manager To Execute All Necessary Documents Upon Final Approval By The City Attorney. (R. Blackketter)
11.V. Consider For Approval Of The Low Responsive Bidder (BID #18-018) LEM Construction Co., Inc., For The Airport Wastewater Treatment Plant Improvements Project In The Amount Of $6,792,200.00 (Base Bid Plus Alternates). (R. Blackketter)
11.W. Consider For Approval Change Order No. 3 With Lucas Construction Co., Inc., For The 27th Street Improvements (Broadway To Avenue O) Project, Increasing The Contract From $2,641,479.50 By The Amount Of $33,401.35 To A New Cost Of $2,674,880.85, And Extending The Term By 210 Days. (R. Blackketter)
11.X. Consider For Approval Of Change Order No. 8 To The Contract With Cardinal Contractors, Inc., For The New 59th Street Pump Station Project, Increasing The Contract By $32,205.62 To A New Total Amount Of $17,464,750.95 And Extending The Contract Term By An Additional 156 Days. Authorizing The City Manager To Execute All Necessary Documents Upon Final Approval By The City Attorney. (R. Blackketter)
11.Y. Consider For Approval Of Change Order #1 To The Contract With Main Lane Industries, Ltd., For The 26th Street Paving And Drainage Improvements - Ave N To Broadway Project Decreasing The Contract From $519,710.00 By The Amount Of $14,780.00 To A New Cost Of $504,930.00. (R. Blackketter)
11.Z. Consider For Approval A Memorandum Of Understanding (MOU) Between City Of Galveston/Island Transit And The Houston-Galveston Area Council (H-GAC), Texas Department Of Transportation (TxDOT), Houston METRO Et Al. Regarding Cooperative, Comprehensive And Continuing Metropolitan Planning Process, As Required By The US. Department Of Transportation (USDOT) Guidelines, 23 CFR 450 Subparts A & C). (R. Beverlin)
11.AA. Consider For Approval Accepting The City Auditor's Report On The Cruise Parking Audit Report AU2018-1. (G. Bulgherini)
11.BB. Consider For Approval Accepting The City Auditor's Final Report On AU2018-2 False Fire Alarm Audit. (G. Bulgherini)
11.CC. Consider For Approval The Purchase Of 172 Yodock 148010B & 148024B Barricades From Dobie Supply, LLC For The Traffic Department. (T. Wrobleski)
11.DD. Receive And File The Following Items:
12. ACTION ITEMS
12.A. Discuss And Consider For Action The Demolition Of Seawolf Park Pavilion Through An Alternate Project Request With FEMA And The Park Board Of Trustees. (Brown/Yarbrough) Motion was made by MPT Tarlton-Shannon, second by CM Brown, to approve demolition of Seawolf Park Pavilion. Unanimously approved.
12.B. Consider For Approval A Resolution Of The City Council Of The City Of Galveston, Texas Providing That A Portion Of Section One (1) Of The Preserve At West Beach Subdivision On Galveston Island Be Released From Operation Of The Development Agreement Between The City Of Galveston And Marquette Galveston Investment, Ltd. And The Master Declaration Of Covenants, Conditions, And Restrictions For The Preserve At West Beach Subdivision On Galveston Island, Texas; Authorizing The City Manager To Execute All Necessary Documents Upon Final Approval By The City Attorney; Directing The City Attorney To File And Record This Resolution In The Official Records Of Real Property In Galveston County, Texas; Providing For Findings Of Fact And Providing For An Effective Date. (Legal) Motion was made by Mayor Yarbrough, second by CM Brown, to approve Resolution No. 18- 023. Unanimously approved.
12.C. Consideration Of Motion To Authorize The City Attorney To Terminate The Services Of Stanfield & Associates In The Event They Fail To Produce The Property Appraisal Report Associated With The Abandonment Of Rights Of Way By The End Of May 2018 And Authorizing The City Attorney To Request JLL Valuation And Advisory Services Update Its Initial Appraisal Report Conducted On The Rights Of Way In The Poretto Beach Area And Submit A Final Appraisal Report To The City. (Legal) Motion was made by CM Cole, second by MPT Tarlton-Shannon, to defer action until the June City Council meeting. The motion passed 6-1; MPT Tarlton-Shannon voted against the motion.
12.D. Consideration Of Retaining The Firm Of Alexander, Dubose, Jefferson & Townsend For The Rendition Of Services Related To Cause No. 13-CV-0844; CDM Smith Inc. Vs. City Of Galveston Et Al; In The 56th Judicial District Court Of Galveston County Texas; And Authorizing The City Attorney To Sign An Engagement Letter With The Firm. (Legal) Motion was made by Mayor Yarbrough, second by CM Collins, authorizing the City Attorney to sign an engagement with the firm not to exceed $250,000.00. Unanimously approved.
12.E. Consider For Approval A Resolution Of The City Council Of The City Of Galveston, Texas, Amending The Makeup Of The Beach Access And Dune Protection Plan Review Ad Hoc Committee; And Providing Suggested Non Binding Criteria To Be Considered In For Appointment To The Committee, Providing For Findings Of Fact And Providing For An Effective Date. (D. Henry)
Motion was made by Mayor Yarbrough, second by MPT Tarlton-Shannon, to approve Resolution No. 18-024.
CM Cole proposed an amendment to the Mayor's motion by adding two Park Board representatives Reuben Trevino and Peter Davis making it a committee of nine, second by MPT Tarlton-Shannon. Vote on the amended motion: In Favor - Bly, Tarlton-Shannon, and Cole. In opposition - Yarbrough, Brown, Collins, and Hardcastle. The amended motion failed.
The vote on the original motion was unanimously approved.
12.F. Discuss And Consider Appointments To The Beach Access And Dune Protection Plan Review Ad Hoc Committee.
Motion was made by Mayor Yarbrough, second by CM Bly, to appoint Chula Sanchez. Unanimously approved.
Motion was made by MPT Tarlton-Shannon, second by CM Brown, to appoint Rhonda Gregg. Unanimously approved.
Motion was made by CM Brown, second by MPT Tarlton-Shannon, to appoint Reuben Trevino. Unanimously approved.
Motion was made by CM Hardcastle, second by Mayor Yarbrough, to appoint Jerry Mohn. Unanimously approved.
Motion was made by CM Collins, second by Mayor Yarbrough, to appoint Virginia Greb. Unanimously approved.
Motion was made by CM Bly, second by Mayor Yarbrough, to appoint Joanie Steinhaus. Unanimously approved.
Motion was made by CM Cole, second by CM Bly, to appoint Paul Sivon. Unanimously approved.
12.G. Discuss And Consider Scheduling Special Meetings For The Purpose Of Interviewing Applicants For Park Board, Planning Commission, And Wharves Board. (Yarbrough) Motion was made by Mayor Yarbrough, second by CM Collins, to schedule special meetings on June 6th at 8:30 a.m. and June 13th at 1:30 p.m. Unanimously approved.
13. ADJOURNMENT The meeting was adjourned at 2:50 p.m.
Janelle Williams, City Secretary Date Approved: DRAFT MINUTES OF THE CITY COUNCIL OF THE CITY OF GALVESTON REGULAR MEETING - MAY 24, 2018
5/24/2018 - Minutes
1. DECLARATION OF A QUORUM AND CALL MEETING TO ORDER With a quorum present, the meeting was called to order at 1:15 p.m.
2. ROLL CALL Present: Mayor James Yarbrough, Mayor Pro Tem Terrilyn Tarlton-Shannon, Council Member Amy Bly, Council Member Craig Brown, Council Member David Collins, Council Member Jason Hardcastle, and Council Member Jackie Cole.
3. INVOCATION The invocation was given by Reverend Lance Anaya of Moody Methodist Church.
4. PLEDGE OF ALLEGIANCE Pledges to the American and Texas Flags were led by Mayor Yarbrough.
5. CONFLICTS OF INTEREST None.
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 - Mayor Yarbrough expressed thoughts and prayers to our neighbors in Santa Fe.
2. Information regarding holiday schedules
3. Recognition of individuals a.Beach Safety Week - Proclamation - presented to Peter Davis by CM Brown. b.Motorcycle Safety and Awareness Month - presented to visiting Bikers by CM Bly.
Mayor Yarbrough announced that Jack Johnson has been pardoned by the President.
4. Reminders regarding City Council events - Mayor Yarbrough provided information on the upcoming State of the City event on June 12th.
5. Reminders regarding community events
6. Health and safety announcement
6.B. 2018 Landmark Commission Annual Report And Awards Landmark Commission Chair Tom Schwenk provided the Annual Report. The following Landmark Awards were presented by Catherine Gorman and Tom Schwenk: 1801 Avenue M- 1/2, Keith Rayborn and Barbara Chavez; 1509 Mechanic - Melody and Joan Oelze and Stephanie Lang; 2127 Avenue O-1/2, Ashley and Michael Cordray and John Campbell; 1121 33rd Street, Diane Wallace and Chuck Morris; 1212 and 1218 Sealy, Amy Adams Strunk; 1816 Postoffice, Dana Lindstrum and Susan Kingsley; 1328 Sealy, Dennis and Kelly Moresh; 1807 Rosenberg, Jane Lozano and Mason Cagnola; and the Rosenberg Library, John Augelli.
6.C. City Manager's Report - The Investment Report For Quarter Ended March 31, 2018 (M. Loftin) Assistant City Manager Mike Loftin presented the Investment Report.
7. COMMUNICATIONS AND PETITIONS Claims: 18-037 Clay Conrad; 18-038 Jessica Vallery; 18-039 Texas Gas Service; 18-040 Annet Ortega; 18-041 Carlos Rodriguez; 18-042 Cliford & Kathy Barnhart; 18-043 James Gray; 18-044 James Parker; 18-045 Denise Hope; 18-046 Jay Mize
8. PUBLIC HEARINGS
8.A. Conduct A Public Hearing And Consider For Approval An Appeal Of The City Of Galveston Planning Commission’s Decision Regarding A License To Use The Public Right-Of-Way. The Property Is Legally Described As M. Menard Survey, South 69 Feet Of Lot 14 (14-2), Block 71, In The City And County Of Galveston, Texas; Planning Case Number 18P-015; Making Various Findings And Provisions Related To The Subject. (D. Lunsford) The public hearing was opened. The applicant, Larry Zykes, and Rebecca Zykes spoke in favor of the appeal. The public hearing was closed. Motion was made by MPT Tarlton- Shannon, second by CM Brown, to approve the appeal allowing the property owner to keep his palm trees. Unanimously approved.
8.B. Consider For Approval An Ordinance Of The City Of Galveston, Texas, Amending The 2015 Galveston Land Development Regulations, Article 2: Table 2.201: Permitted Uses: Commercial Uses, Article 2: Section 2.357, “Small Scaled Food/Beverage Production” And Section 14.103 “Use Definitions”; To Introduce A New And Unlisted Land Use Of Small Scaled Food Production To Allow For Food And Beverage Production Outside Of The Light Industrial And Heavy Industrial Zoning Districts; Planning Case Number 18za-003; Making Various Findings And Provisions Related To The Subject. (C. Gorman) Ordinance No. 18-035 was read by caption. The applicant John Alvarez was present for questions by City Council. The public hearing was opened; with no speakers, the public hearing was closed. Motion was made by CM Brown, second by CM Collins, to approve the ordinance. Unanimously approved.
8.C. 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 2401 Avenue F/Church Street; Which Is Legally Described As Lot 7, Block 384, In The City And County Of Galveston And Is Located Within Three Hundred Feet Of A School, Church, Or Hospital; Planning Case Number 18PA-028; Making Various Findings And Provisions Related To The Subject. (D. Lunsford) Ordinance No. 18-036 was read by caption. The applicant Andy Mytelka spoke in favor of the variance. The public hearing was opened; with no speakers, the public hearing was closed. Motion was made by CM Collins, second by CM Brown, to approve the ordinance. Unanimously approved.
9. PUBLIC COMMENT
Agenda Items - Rocky Sullivan spoke on behalf of the Chamber of Commerce regarding the LDRs. Rocky Sullivan, Rhonda Gregg, and Reuben Trevino commented on the excavation ordinance.
Non-Agenda Items - Jessica Lira commented on the wrecker ordinance. Paul Case commented on dogs running loose and trash issues at 1020 Seawall.
10. ORDINANCES (NOT REQUIRING PUBLIC HEARINGS)
10.A. Consider For Approval An Ordinance Of The City Of Galveston, Texas, Amending Ordinance No. 18- 034, To Clarify The Designated District Polling Locations For The June, 16, 2018 Runoff Election, To Be Held In The City Of Galveston, For The Purpose Of Electing A City Council Member To District Five (5) ; Making Various Findings And Provisions Related To The Subject; And Providing For An Effective Date. No action.
11. CONSENT ITEMS Motion was made by CM Bly, second by CM Hardcastle, to approve Consent Items 11A through 11DD, correcting Item 11N to read "Pocket Park #2". Unanimously approved.
11.A. Consider For Approval The Awarding Of A One (1) Year Contract With The Option For Up To Four (4),One (1) Year Extensions,To Vizcarra Hospitality, And DRC Emergency Services, For Food Services (RFP #: 18-06). (M. Morgan)
11.B. Consider For Action The Awarding Of A Three (3) Year Contract With The Option For Up To Two (2), One (1) Year Extensions, To DRC Emergency Services As Primary, Crowder Gulf As Secondary, And Bergeron Emergency Services As Tri-Sudiciary For Debris Removal And Disposal (RFP #: 18-07). (M. Morgan)
11.C. Consider For Approval The “Proposed City Of Galveston Branding Guide”. (J. Fortin)
11.D. Consider For Approval Authorizing The Police Department To Purchase Thirteen (13) Tasers, Accompanying Accessories, Maintenance/Service And Warranty Agreements In The Amount Of $14,116.96 From Axon Enterprises. (V. Hale)
11.E. Consider For Approval Authorizing The Purchase Of Thirteen (13) Vista HD Body Worn Cameras Along With Necessary Accompanying Software From Enforcement Video, LLC Dba WatchGuard Video For The Police Department. (V. Hale)
11.F. Consider For Approval Change Order #2, From R.B. Hash & Associates, For The City Hall Roof Project, Decreasing The Contract Amount By $39,321.70 From $624,124.40 To $584,802.70. (C.Kenworthy)
11.G. Consider For Approval RFP# 18-08 Authorizing The City Manager To Enter Into A Three (3) Year Contract With An Option To Extend The Contract For An Additional Year With Flamingo Gardens, For Lawn Maintenance And Landscaping At Various Locations, Including The Broadway Esplanade Flower Beds From 6th Street To 59th Street, In An Amount Not To Exceed $200,000.00 Per Fiscal Year. (B. Sanderson)
11.H. Consider For Approval The Extension Of A Contract With Hutchison Shockey Erly & Co For Financial Advisory Services (M. Loftin)
11.I. Consider For Approval An Extension Of The Contract With Whitley Penn For External Audit Services (M. Loftin)
11.J. Consider For Approval The Authorization To Purchase Extended Warranties On Twelve (12) Power Edge Servers And Three (3) EqualLogic Storage Area Network (SAN) Array Devices From Dell Marketing Through State DIR Contract TSO‐3763 For A Total Cost Of $ 55,095.11. (H.Dean)
11.K. Consider For Approval The Purchase Of Additional And Replacement Firewall Equipment Including Support Service In The Amount Of $ 40,387.64 Utilizing DIR Contract TSO 3763. (H.Dean)
11.L. Consider For Approval The Payment For Annual Support On Banner, The City’s Financial And Human Resources System, In The Amount Of $69,493.05. (H.Dean)
11.M. Consider For Approval The Awarding Of Request For Proposal 18-10 To Worthy Boyd Inc To Provide Vending Services At Beach Pocket Park #3 (M. Rabago)
11.N. Consider For Approval The Awarding Of Request For Proposal 18-10 To Shop Beach Buddies LLC To Provide Vending Services At Beach Pocket Park #3 (M. Rabago)
11.O. Consider For Approval The Awarding Of Request For Proposal 18-10 To Jay Pathibhara LLC To Provide Vending Services At Beach Pocket Park #1 (M. Rabago)
11.P. Consider For Approval The Awarding Of Request For Proposal 18-09 To MTM Ice LLC To Provide Vending Services At Fort Crockett Park On The Seawall (M. Rabago)
11.Q. Consider For The Approval Allowing The Fleet Facility To Purchase The Listed Rolling Stock And Associated Equipment From Silsbee Ford Through HGAC Buy For A Total Price Of $106,962.40. Funding Sources Are The Sanitation Capital Outlay Account, And IDC-Parks. (D. Smith)
11.R. Consider For The Approval Allowing Island Transit To Sell Its Stocked New Flyer Parts (And Tools) Valued At $33,270.03 To The Gulf Coast Center, Who Is The Owner Of Three New Flyer Buses That Were Serviced By The Island Transit Maintenance Facility, And Authorize The City Manager To Execute The Agreement Upon Final Approval By The City Attorney. (D. Smith)
11.S. Consider For The Approval Allowing The Fleet Facility To Purchase One Sewer CCTV Inspection Truck And Associated Equipment From Rush Truck Center Through Buy Board For A Total Price Of $329,790.60. The Funding Source Will Be The Sewer Capital Outlay Account. (D. Smith)
11.T. Consider For Approval Change Order #3 For The Contract With Main Lane Industries, Ltd., For The Reconstruction Of Market Street From 25th Street To 19th Street Project, Increasing The Contract From $3,740,529.88 By The Amount Of $160,423.43 To A New Cost Of $3,900,953.31. The Funding Source Will Be The CDBG Disaster Recovery Non-Housing Round 2.1 Program. (R. Blackketter)
11.U. Consider For Approval Change Order #4 From Triple B Services, LLC, For The Sealy Avenue Improvements From 33rd To 25th Project, Increasing The Contract Amount From $2,580,903.80 By $34,465.48 To The New Cost Of $2,615,369.28, And Increasing The Term By 17 Days To A New Term Of 379 Calendar Days. The Funding Source Will Be The CDBG Disaster Recovery Non-Housing Round 2.2 Program. Authorizing The City Manager To Execute All Necessary Documents Upon Final Approval By The City Attorney. (R. Blackketter)
11.V. Consider For Approval Of The Low Responsive Bidder (BID #18-018) LEM Construction Co., Inc., For The Airport Wastewater Treatment Plant Improvements Project In The Amount Of $6,792,200.00 (Base Bid Plus Alternates). (R. Blackketter)
11.W. Consider For Approval Change Order No. 3 With Lucas Construction Co., Inc., For The 27th Street Improvements (Broadway To Avenue O) Project, Increasing The Contract From $2,641,479.50 By The Amount Of $33,401.35 To A New Cost Of $2,674,880.85, And Extending The Term By 210 Days. (R. Blackketter)
11.X. Consider For Approval Of Change Order No. 8 To The Contract With Cardinal Contractors, Inc., For The New 59th Street Pump Station Project, Increasing The Contract By $32,205.62 To A New Total Amount Of $17,464,750.95 And Extending The Contract Term By An Additional 156 Days. Authorizing The City Manager To Execute All Necessary Documents Upon Final Approval By The City Attorney. (R. Blackketter)
11.Y. Consider For Approval Of Change Order #1 To The Contract With Main Lane Industries, Ltd., For The 26th Street Paving And Drainage Improvements - Ave N To Broadway Project Decreasing The Contract From $519,710.00 By The Amount Of $14,780.00 To A New Cost Of $504,930.00. (R. Blackketter)
11.Z. Consider For Approval A Memorandum Of Understanding (MOU) Between City Of Galveston/Island Transit And The Houston-Galveston Area Council (H-GAC), Texas Department Of Transportation (TxDOT), Houston METRO Et Al. Regarding Cooperative, Comprehensive And Continuing Metropolitan Planning Process, As Required By The US. Department Of Transportation (USDOT) Guidelines, 23 CFR 450 Subparts A & C). (R. Beverlin)
11.AA. Consider For Approval Accepting The City Auditor's Report On The Cruise Parking Audit Report AU2018-1. (G. Bulgherini)
11.BB. Consider For Approval Accepting The City Auditor's Final Report On AU2018-2 False Fire Alarm Audit. (G. Bulgherini)
11.CC. Consider For Approval The Purchase Of 172 Yodock 148010B & 148024B Barricades From Dobie Supply, LLC For The Traffic Department. (T. Wrobleski)
11.DD. Receive And File The Following Items:
12. ACTION ITEMS
12.A. Discuss And Consider For Action The Demolition Of Seawolf Park Pavilion Through An Alternate Project Request With FEMA And The Park Board Of Trustees. (Brown/Yarbrough) Motion was made by MPT Tarlton-Shannon, second by CM Brown, to approve demolition of Seawolf Park Pavilion. Unanimously approved.
12.B. Consider For Approval A Resolution Of The City Council Of The City Of Galveston, Texas Providing That A Portion Of Section One (1) Of The Preserve At West Beach Subdivision On Galveston Island Be Released From Operation Of The Development Agreement Between The City Of Galveston And Marquette Galveston Investment, Ltd. And The Master Declaration Of Covenants, Conditions, And Restrictions For The Preserve At West Beach Subdivision On Galveston Island, Texas; Authorizing The City Manager To Execute All Necessary Documents Upon Final Approval By The City Attorney; Directing The City Attorney To File And Record This Resolution In The Official Records Of Real Property In Galveston County, Texas; Providing For Findings Of Fact And Providing For An Effective Date. (Legal) Motion was made by Mayor Yarbrough, second by CM Brown, to approve Resolution No. 18- 023. Unanimously approved.
12.C. Consideration Of Motion To Authorize The City Attorney To Terminate The Services Of Stanfield & Associates In The Event They Fail To Produce The Property Appraisal Report Associated With The Abandonment Of Rights Of Way By The End Of May 2018 And Authorizing The City Attorney To Request JLL Valuation And Advisory Services Update Its Initial Appraisal Report Conducted On The Rights Of Way In The Poretto Beach Area And Submit A Final Appraisal Report To The City. (Legal) Motion was made by CM Cole, second by MPT Tarlton-Shannon, to defer action until the June City Council meeting. The motion passed 6-1; MPT Tarlton-Shannon voted against the motion.
12.D. Consideration Of Retaining The Firm Of Alexander, Dubose, Jefferson & Townsend For The Rendition Of Services Related To Cause No. 13-CV-0844; CDM Smith Inc. Vs. City Of Galveston Et Al; In The 56th Judicial District Court Of Galveston County Texas; And Authorizing The City Attorney To Sign An Engagement Letter With The Firm. (Legal) Motion was made by Mayor Yarbrough, second by CM Collins, authorizing the City Attorney to sign an engagement with the firm not to exceed $250,000.00. Unanimously approved.
12.E. Consider For Approval A Resolution Of The City Council Of The City Of Galveston, Texas, Amending The Makeup Of The Beach Access And Dune Protection Plan Review Ad Hoc Committee; And Providing Suggested Non Binding Criteria To Be Considered In For Appointment To The Committee, Providing For Findings Of Fact And Providing For An Effective Date. (D. Henry)
Motion was made by Mayor Yarbrough, second by MPT Tarlton-Shannon, to approve Resolution No. 18-024.
CM Cole proposed an amendment to the Mayor's motion by adding two Park Board representatives Reuben Trevino and Peter Davis making it a committee of nine, second by MPT Tarlton-Shannon. Vote on the amended motion: In Favor - Bly, Tarlton-Shannon, and Cole. In opposition - Yarbrough, Brown, Collins, and Hardcastle. The amended motion failed.
The vote on the original motion was unanimously approved.
12.F. Discuss And Consider Appointments To The Beach Access And Dune Protection Plan Review Ad Hoc Committee.
Motion was made by Mayor Yarbrough, second by CM Bly, to appoint Chula Sanchez. Unanimously approved.
Motion was made by MPT Tarlton-Shannon, second by CM Brown, to appoint Rhonda Gregg. Unanimously approved.
Motion was made by CM Brown, second by MPT Tarlton-Shannon, to appoint Reuben Trevino. Unanimously approved.
Motion was made by CM Hardcastle, second by Mayor Yarbrough, to appoint Jerry Mohn. Unanimously approved.
Motion was made by CM Collins, second by Mayor Yarbrough, to appoint Virginia Greb. Unanimously approved.
Motion was made by CM Bly, second by Mayor Yarbrough, to appoint Joanie Steinhaus. Unanimously approved.
Motion was made by CM Cole, second by CM Bly, to appoint Paul Sivon. Unanimously approved.
12.G. Discuss And Consider Scheduling Special Meetings For The Purpose Of Interviewing Applicants For Park Board, Planning Commission, And Wharves Board. (Yarbrough) Motion was made by Mayor Yarbrough, second by CM Collins, to schedule special meetings on June 6th at 8:30 a.m. and June 13th at 1:30 p.m. Unanimously approved.
13. ADJOURNMENT The meeting was adjourned at 2:50 p.m.
Janelle Williams, City Secretary Date Approved: DRAFT MINUTES OF THE CITY COUNCIL OF THE CITY OF GALVESTON REGULAR MEETING - MAY 24, 2018
5/24/2018 - Minutes
1. DECLARATION OF A QUORUM AND CALL MEETING TO ORDER With a quorum present, the meeting was called to order at 1:15 p.m.
2. ROLL CALL Present: Mayor James Yarbrough, Mayor Pro Tem Terrilyn Tarlton-Shannon, Council Member Amy Bly, Council Member Craig Brown, Council Member David Collins, Council Member Jason Hardcastle, and Council Member Jackie Cole.
3. INVOCATION The invocation was given by Reverend Lance Anaya of Moody Methodist Church.
4. PLEDGE OF ALLEGIANCE Pledges to the American and Texas Flags were led by Mayor Yarbrough.
5. CONFLICTS OF INTEREST None.
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 - Mayor Yarbrough expressed thoughts and prayers to our neighbors in Santa Fe.
2. Information regarding holiday schedules
3. Recognition of individuals a.Beach Safety Week - Proclamation - presented to Peter Davis by CM Brown. b.Motorcycle Safety and Awareness Month - presented to visiting Bikers by CM Bly.
Mayor Yarbrough announced that Jack Johnson has been pardoned by the President.
4. Reminders regarding City Council events - Mayor Yarbrough provided information on the upcoming State of the City event on June 12th.
5. Reminders regarding community events
6. Health and safety announcement
6.B. 2018 Landmark Commission Annual Report And Awards Landmark Commission Chair Tom Schwenk provided the Annual Report. The following Landmark Awards were presented by Catherine Gorman and Tom Schwenk: 1801 Avenue M- 1/2, Keith Rayborn and Barbara Chavez; 1509 Mechanic - Melody and Joan Oelze and Stephanie Lang; 2127 Avenue O-1/2, Ashley and Michael Cordray and John Campbell; 1121 33rd Street, Diane Wallace and Chuck Morris; 1212 and 1218 Sealy, Amy Adams Strunk; 1816 Postoffice, Dana Lindstrum and Susan Kingsley; 1328 Sealy, Dennis and Kelly Moresh; 1807 Rosenberg, Jane Lozano and Mason Cagnola; and the Rosenberg Library, John Augelli.
6.C. City Manager's Report - The Investment Report For Quarter Ended March 31, 2018 (M. Loftin) Assistant City Manager Mike Loftin presented the Investment Report.
7. COMMUNICATIONS AND PETITIONS Claims: 18-037 Clay Conrad; 18-038 Jessica Vallery; 18-039 Texas Gas Service; 18-040 Annet Ortega; 18-041 Carlos Rodriguez; 18-042 Cliford & Kathy Barnhart; 18-043 James Gray; 18-044 James Parker; 18-045 Denise Hope; 18-046 Jay Mize
8. PUBLIC HEARINGS
8.A. Conduct A Public Hearing And Consider For Approval An Appeal Of The City Of Galveston Planning Commission’s Decision Regarding A License To Use The Public Right-Of-Way. The Property Is Legally Described As M. Menard Survey, South 69 Feet Of Lot 14 (14-2), Block 71, In The City And County Of Galveston, Texas; Planning Case Number 18P-015; Making Various Findings And Provisions Related To The Subject. (D. Lunsford) The public hearing was opened. The applicant, Larry Zykes, and Rebecca Zykes spoke in favor of the appeal. The public hearing was closed. Motion was made by MPT Tarlton- Shannon, second by CM Brown, to approve the appeal allowing the property owner to keep his palm trees. Unanimously approved.
8.B. Consider For Approval An Ordinance Of The City Of Galveston, Texas, Amending The 2015 Galveston Land Development Regulations, Article 2: Table 2.201: Permitted Uses: Commercial Uses, Article 2: Section 2.357, “Small Scaled Food/Beverage Production” And Section 14.103 “Use Definitions”; To Introduce A New And Unlisted Land Use Of Small Scaled Food Production To Allow For Food And Beverage Production Outside Of The Light Industrial And Heavy Industrial Zoning Districts; Planning Case Number 18za-003; Making Various Findings And Provisions Related To The Subject. (C. Gorman) Ordinance No. 18-035 was read by caption. The applicant John Alvarez was present for questions by City Council. The public hearing was opened; with no speakers, the public hearing was closed. Motion was made by CM Brown, second by CM Collins, to approve the ordinance. Unanimously approved.
8.C. 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 2401 Avenue F/Church Street; Which Is Legally Described As Lot 7, Block 384, In The City And County Of Galveston And Is Located Within Three Hundred Feet Of A School, Church, Or Hospital; Planning Case Number 18PA-028; Making Various Findings And Provisions Related To The Subject. (D. Lunsford) Ordinance No. 18-036 was read by caption. The applicant Andy Mytelka spoke in favor of the variance. The public hearing was opened; with no speakers, the public hearing was closed. Motion was made by CM Collins, second by CM Brown, to approve the ordinance. Unanimously approved.
9. PUBLIC COMMENT
Agenda Items - Rocky Sullivan spoke on behalf of the Chamber of Commerce regarding the LDRs. Rocky Sullivan, Rhonda Gregg, and Reuben Trevino commented on the excavation ordinance.
Non-Agenda Items - Jessica Lira commented on the wrecker ordinance. Paul Case commented on dogs running loose and trash issues at 1020 Seawall.
10. ORDINANCES (NOT REQUIRING PUBLIC HEARINGS)
10.A. Consider For Approval An Ordinance Of The City Of Galveston, Texas, Amending Ordinance No. 18- 034, To Clarify The Designated District Polling Locations For The June, 16, 2018 Runoff Election, To Be Held In The City Of Galveston, For The Purpose Of Electing A City Council Member To District Five (5) ; Making Various Findings And Provisions Related To The Subject; And Providing For An Effective Date. No action.
11. CONSENT ITEMS Motion was made by CM Bly, second by CM Hardcastle, to approve Consent Items 11A through 11DD, correcting Item 11N to read "Pocket Park #2". Unanimously approved.
11.A. Consider For Approval The Awarding Of A One (1) Year Contract With The Option For Up To Four (4),One (1) Year Extensions,To Vizcarra Hospitality, And DRC Emergency Services, For Food Services (RFP #: 18-06). (M. Morgan)
11.B. Consider For Action The Awarding Of A Three (3) Year Contract With The Option For Up To Two (2), One (1) Year Extensions, To DRC Emergency Services As Primary, Crowder Gulf As Secondary, And Bergeron Emergency Services As Tri-Sudiciary For Debris Removal And Disposal (RFP #: 18-07). (M. Morgan)
11.C. Consider For Approval The “Proposed City Of Galveston Branding Guide”. (J. Fortin)
11.D. Consider For Approval Authorizing The Police Department To Purchase Thirteen (13) Tasers, Accompanying Accessories, Maintenance/Service And Warranty Agreements In The Amount Of $14,116.96 From Axon Enterprises. (V. Hale)
11.E. Consider For Approval Authorizing The Purchase Of Thirteen (13) Vista HD Body Worn Cameras Along With Necessary Accompanying Software From Enforcement Video, LLC Dba WatchGuard Video For The Police Department. (V. Hale)
11.F. Consider For Approval Change Order #2, From R.B. Hash & Associates, For The City Hall Roof Project, Decreasing The Contract Amount By $39,321.70 From $624,124.40 To $584,802.70. (C.Kenworthy)
11.G. Consider For Approval RFP# 18-08 Authorizing The City Manager To Enter Into A Three (3) Year Contract With An Option To Extend The Contract For An Additional Year With Flamingo Gardens, For Lawn Maintenance And Landscaping At Various Locations, Including The Broadway Esplanade Flower Beds From 6th Street To 59th Street, In An Amount Not To Exceed $200,000.00 Per Fiscal Year. (B. Sanderson)
11.H. Consider For Approval The Extension Of A Contract With Hutchison Shockey Erly & Co For Financial Advisory Services (M. Loftin)
11.I. Consider For Approval An Extension Of The Contract With Whitley Penn For External Audit Services (M. Loftin)
11.J. Consider For Approval The Authorization To Purchase Extended Warranties On Twelve (12) Power Edge Servers And Three (3) EqualLogic Storage Area Network (SAN) Array Devices From Dell Marketing Through State DIR Contract TSO‐3763 For A Total Cost Of $ 55,095.11. (H.Dean)
11.K. Consider For Approval The Purchase Of Additional And Replacement Firewall Equipment Including Support Service In The Amount Of $ 40,387.64 Utilizing DIR Contract TSO 3763. (H.Dean)
11.L. Consider For Approval The Payment For Annual Support On Banner, The City’s Financial And Human Resources System, In The Amount Of $69,493.05. (H.Dean)
11.M. Consider For Approval The Awarding Of Request For Proposal 18-10 To Worthy Boyd Inc To Provide Vending Services At Beach Pocket Park #3 (M. Rabago)
11.N. Consider For Approval The Awarding Of Request For Proposal 18-10 To Shop Beach Buddies LLC To Provide Vending Services At Beach Pocket Park #3 (M. Rabago)
11.O. Consider For Approval The Awarding Of Request For Proposal 18-10 To Jay Pathibhara LLC To Provide Vending Services At Beach Pocket Park #1 (M. Rabago)
11.P. Consider For Approval The Awarding Of Request For Proposal 18-09 To MTM Ice LLC To Provide Vending Services At Fort Crockett Park On The Seawall (M. Rabago)
11.Q. Consider For The Approval Allowing The Fleet Facility To Purchase The Listed Rolling Stock And Associated Equipment From Silsbee Ford Through HGAC Buy For A Total Price Of $106,962.40. Funding Sources Are The Sanitation Capital Outlay Account, And IDC-Parks. (D. Smith)
11.R. Consider For The Approval Allowing Island Transit To Sell Its Stocked New Flyer Parts (And Tools) Valued At $33,270.03 To The Gulf Coast Center, Who Is The Owner Of Three New Flyer Buses That Were Serviced By The Island Transit Maintenance Facility, And Authorize The City Manager To Execute The Agreement Upon Final Approval By The City Attorney. (D. Smith)
11.S. Consider For The Approval Allowing The Fleet Facility To Purchase One Sewer CCTV Inspection Truck And Associated Equipment From Rush Truck Center Through Buy Board For A Total Price Of $329,790.60. The Funding Source Will Be The Sewer Capital Outlay Account. (D. Smith)
11.T. Consider For Approval Change Order #3 For The Contract With Main Lane Industries, Ltd., For The Reconstruction Of Market Street From 25th Street To 19th Street Project, Increasing The Contract From $3,740,529.88 By The Amount Of $160,423.43 To A New Cost Of $3,900,953.31. The Funding Source Will Be The CDBG Disaster Recovery Non-Housing Round 2.1 Program. (R. Blackketter)
11.U. Consider For Approval Change Order #4 From Triple B Services, LLC, For The Sealy Avenue Improvements From 33rd To 25th Project, Increasing The Contract Amount From $2,580,903.80 By $34,465.48 To The New Cost Of $2,615,369.28, And Increasing The Term By 17 Days To A New Term Of 379 Calendar Days. The Funding Source Will Be The CDBG Disaster Recovery Non-Housing Round 2.2 Program. Authorizing The City Manager To Execute All Necessary Documents Upon Final Approval By The City Attorney. (R. Blackketter)
11.V. Consider For Approval Of The Low Responsive Bidder (BID #18-018) LEM Construction Co., Inc., For The Airport Wastewater Treatment Plant Improvements Project In The Amount Of $6,792,200.00 (Base Bid Plus Alternates). (R. Blackketter)
11.W. Consider For Approval Change Order No. 3 With Lucas Construction Co., Inc., For The 27th Street Improvements (Broadway To Avenue O) Project, Increasing The Contract From $2,641,479.50 By The Amount Of $33,401.35 To A New Cost Of $2,674,880.85, And Extending The Term By 210 Days. (R. Blackketter)
11.X. Consider For Approval Of Change Order No. 8 To The Contract With Cardinal Contractors, Inc., For The New 59th Street Pump Station Project, Increasing The Contract By $32,205.62 To A New Total Amount Of $17,464,750.95 And Extending The Contract Term By An Additional 156 Days. Authorizing The City Manager To Execute All Necessary Documents Upon Final Approval By The City Attorney. (R. Blackketter)
11.Y. Consider For Approval Of Change Order #1 To The Contract With Main Lane Industries, Ltd., For The 26th Street Paving And Drainage Improvements - Ave N To Broadway Project Decreasing The Contract From $519,710.00 By The Amount Of $14,780.00 To A New Cost Of $504,930.00. (R. Blackketter)
11.Z. Consider For Approval A Memorandum Of Understanding (MOU) Between City Of Galveston/Island Transit And The Houston-Galveston Area Council (H-GAC), Texas Department Of Transportation (TxDOT), Houston METRO Et Al. Regarding Cooperative, Comprehensive And Continuing Metropolitan Planning Process, As Required By The US. Department Of Transportation (USDOT) Guidelines, 23 CFR 450 Subparts A & C). (R. Beverlin)
11.AA. Consider For Approval Accepting The City Auditor's Report On The Cruise Parking Audit Report AU2018-1. (G. Bulgherini)
11.BB. Consider For Approval Accepting The City Auditor's Final Report On AU2018-2 False Fire Alarm Audit. (G. Bulgherini)
11.CC. Consider For Approval The Purchase Of 172 Yodock 148010B & 148024B Barricades From Dobie Supply, LLC For The Traffic Department. (T. Wrobleski)
11.DD. Receive And File The Following Items:
12. ACTION ITEMS
12.A. Discuss And Consider For Action The Demolition Of Seawolf Park Pavilion Through An Alternate Project Request With FEMA And The Park Board Of Trustees. (Brown/Yarbrough) Motion was made by MPT Tarlton-Shannon, second by CM Brown, to approve demolition of Seawolf Park Pavilion. Unanimously approved.
12.B. Consider For Approval A Resolution Of The City Council Of The City Of Galveston, Texas Providing That A Portion Of Section One (1) Of The Preserve At West Beach Subdivision On Galveston Island Be Released From Operation Of The Development Agreement Between The City Of Galveston And Marquette Galveston Investment, Ltd. And The Master Declaration Of Covenants, Conditions, And Restrictions For The Preserve At West Beach Subdivision On Galveston Island, Texas; Authorizing The City Manager To Execute All Necessary Documents Upon Final Approval By The City Attorney; Directing The City Attorney To File And Record This Resolution In The Official Records Of Real Property In Galveston County, Texas; Providing For Findings Of Fact And Providing For An Effective Date. (Legal) Motion was made by Mayor Yarbrough, second by CM Brown, to approve Resolution No. 18- 023. Unanimously approved.
12.C. Consideration Of Motion To Authorize The City Attorney To Terminate The Services Of Stanfield & Associates In The Event They Fail To Produce The Property Appraisal Report Associated With The Abandonment Of Rights Of Way By The End Of May 2018 And Authorizing The City Attorney To Request JLL Valuation And Advisory Services Update Its Initial Appraisal Report Conducted On The Rights Of Way In The Poretto Beach Area And Submit A Final Appraisal Report To The City. (Legal) Motion was made by CM Cole, second by MPT Tarlton-Shannon, to defer action until the June City Council meeting. The motion passed 6-1; MPT Tarlton-Shannon voted against the motion.
12.D. Consideration Of Retaining The Firm Of Alexander, Dubose, Jefferson & Townsend For The Rendition Of Services Related To Cause No. 13-CV-0844; CDM Smith Inc. Vs. City Of Galveston Et Al; In The 56th Judicial District Court Of Galveston County Texas; And Authorizing The City Attorney To Sign An Engagement Letter With The Firm. (Legal) Motion was made by Mayor Yarbrough, second by CM Collins, authorizing the City Attorney to sign an engagement with the firm not to exceed $250,000.00. Unanimously approved.
12.E. Consider For Approval A Resolution Of The City Council Of The City Of Galveston, Texas, Amending The Makeup Of The Beach Access And Dune Protection Plan Review Ad Hoc Committee; And Providing Suggested Non Binding Criteria To Be Considered In For Appointment To The Committee, Providing For Findings Of Fact And Providing For An Effective Date. (D. Henry)
Motion was made by Mayor Yarbrough, second by MPT Tarlton-Shannon, to approve Resolution No. 18-024.
CM Cole proposed an amendment to the Mayor's motion by adding two Park Board representatives Reuben Trevino and Peter Davis making it a committee of nine, second by MPT Tarlton-Shannon. Vote on the amended motion: In Favor - Bly, Tarlton-Shannon, and Cole. In opposition - Yarbrough, Brown, Collins, and Hardcastle. The amended motion failed.
The vote on the original motion was unanimously approved.
12.F. Discuss And Consider Appointments To The Beach Access And Dune Protection Plan Review Ad Hoc Committee.
Motion was made by Mayor Yarbrough, second by CM Bly, to appoint Chula Sanchez. Unanimously approved.
Motion was made by MPT Tarlton-Shannon, second by CM Brown, to appoint Rhonda Gregg. Unanimously approved.
Motion was made by CM Brown, second by MPT Tarlton-Shannon, to appoint Reuben Trevino. Unanimously approved.
Motion was made by CM Hardcastle, second by Mayor Yarbrough, to appoint Jerry Mohn. Unanimously approved.
Motion was made by CM Collins, second by Mayor Yarbrough, to appoint Virginia Greb. Unanimously approved.
Motion was made by CM Bly, second by Mayor Yarbrough, to appoint Joanie Steinhaus. Unanimously approved.
Motion was made by CM Cole, second by CM Bly, to appoint Paul Sivon. Unanimously approved.
12.G. Discuss And Consider Scheduling Special Meetings For The Purpose Of Interviewing Applicants For Park Board, Planning Commission, And Wharves Board. (Yarbrough) Motion was made by Mayor Yarbrough, second by CM Collins, to schedule special meetings on June 6th at 8:30 a.m. and June 13th at 1:30 p.m. Unanimously approved.
13. ADJOURNMENT The meeting was adjourned at 2:50 p.m.
Janelle Williams, City Secretary Date Approved: