1. DECLARATION OF A QUORUM AND CALL MEETING TO ORDER 2. INVOCATION Reverend Allan Martin, Island Church Interdenominational 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL
6. PRESENTATIONS/REPORTS OF COUNCIL, OFFICER BOARDS, AND CITY MANAGER A. Pursuant to Texas Government Code Section 551.0415, the City Council may report on any of the following items: 1. Expressions of thanks, gratitude, and condolences 2. Information regarding holiday schedules 3. Recognition of individuals a. Queen's BBQ Proclamation b. Rudy and Paco's Proclamation c. Individuals Receiving Certified Public Manager (CPM) Certification—Robert Simmons, David Smith, Barbara Sanderson, David Van Riper, Rick Vasquez, David Torres, Andre Mitchell, and Raymond Orozco 4. Reminders regarding City Council events 5. Reminders regarding community events 6. Health and safety announcements
COMMUNICATIONS AND PETITIONS Claim #14-096 Juan Hernandez Claim #14-097 Motor Trike/Jeffrey Vey Claim #14-098 Karen Parsons Claim #14-099 George Callen Claim #14-100 Cyaus Hypolite Claim #14-101 Sam's Market Place Claim #14-102 Paula Franklin Claim #14-103 Michael Sarnello
PUBLIC HEARINGS Consider for approval an Ordinance of the City of Galveston, Texas, abandoning approximately four (4) feet of city right-of-way adjacent to property commonly known as 901 Church Street and legally described as the "North 41.5 feet of Lot (7-3), Block 369, in the City and County of Galveston, Texas"; Planning Case Number 14P-87; making various findings and provisions related to the subject.
Consider for approval an Ordinance of the City of Galveston, Texas, abandoning approximately forty-seven thousand six hundred (47,600) square feet of city right-of-way consisting of Postoffice/Avenue E between 33rd and 35th Streets and adjacent to property commonly known as 3302 Church/Avenue F and legally described as "Lots 1 through 14, Block 453; Lots 1 through 14, Block 454; adjacent street and alleys, in the City and County of Galveston, Texas"; Planning Case Number 14P-82; making various findings and provisions related to the subject.
PUBLIC COMMENT AGENDA ITEMS
PUBLIC COMMENT NON-AGENDA ITEMS
ORDINANCES (NOT REQUIRING PUBLIC HEARINGS) A. Consider for approval an Ordinance of the City of Galveston, Texas, amending Chapter 19 "Licenses, Permits, and Business Regulations" of "The Code of the City of Galveston 1982, As Amended" by adding Article VI, "Short Term Rentals", to regulate Short Term Rentals; require registration; providing for additional regulations and penalties; providing for an effective date of March 1, 2015; making various findings and provisions related to the subject.
The Consent Items shall be considered for action as a whole, unless one or more Council Members objects. The City Manager is authorized to execute all necessary documents upon final approval by the City Attorney. A. Consider for approval the purchase of materials needed to install fire hydrants in the City of Galveston from H. D. Supply, the sole source distributor of American Darling Fire Hydrants, for the cost of $162,942.95 to be funded by the Waterworks Improvement Fund. B. Consider for approval the acceptance of a donation in the amount of $20,000.00 from the Harris and Eliza Kempner Fund for construction costs for the Lasker Park Pool Project. C. Consider for approval Bid #15-14 for the Annual Street Materials Contract for limestone and cement stabilized limestone from Vulcan Construction Materials, LP. D. Consider for approval a bid proposal from J. W. Kelso Company, Inc. for the construction of the CDBG Hollywood Heights Sidewalk Project at a cost not to exceed $132,316.33. Funding source is the 2013-2014 CDBG Account. E. Consider for approval a bid proposal from J. W. Kelso Company, Inc. for construction of the Avenue K to Avenue L and 25th Street to 29th Street Sidewalk Project at a cost not to exceed $228,647.54. Funding source is the 2013-2014 CDBG Account. F. Moved to Action Item 13D. G. Consider for approval payment to United Rentals for the rental of temporary pumps at the Wastewater Treatment Division. Total cost is $24,914.15. The funding source is the Wastewater Treatment Equipment Rental Account. H. Consider for approval the acceptance of a proposal from Shelmark Engineering, LLC for the engineering design of the FEMA Dune Walkover Projects in the Dunes of the West Subdivision, Indian Beach Subdivision, Karankawa Beach Subdivision, Pirates Beach Section 10 Subdivision, and Palm Beach Subdivision at a cost not to exceed $61,800.00. Funding for the Dune Walkover Engineering Design will be provided by PW ST-184 (Dunes of the West Subdivision), PW ST-183 (Indian Beach Subdivision), PW ST-182 (Karankawa Beach Subdivision), PW ST-199 and PW ST-200 (Pirates Beach Section 10 Subdivision), and PW ST-198 (Palm Beach Subdivision) FEMA Accounts. I. Consider for approval of Change Order #4 from Boyer, Inc. for the Multi-Lift Station Repair Project—Construction Package No. 2, increasing the contract amount by $37,109.64 to a new total cost of $2,091,743.41. The funding source for the Multi-Lift Station Project is various FEMA Project Worksheets (PW's) for each lift station and re-allocated 2008 Sewer Bond proceeds (with possible reimbursement from the CDBG Disaster Recovery Non-Housing Round 2.2 Program). J. Consider for approval of additional engineering fees of $9,500.00 for Lockwood, Andrews, and Newnam (LAN) for the Multi-Lift Station Project. The funding source for the Multi-Lift Station Project is various FEMA Project Worksheets (PW's) for each lift station and 2008 Sewer Bond proceeds (with possible reimbursement from the CDBG Disaster Recovery Non-Housing Round 2.2 Program). K. Consider for approval the purchase of labor and materials to install eight (8) 30' light poles and twelve (12) 1,000 watt fixtures at the Lindale Park Tennis Courts from A & H Electric for a total cost of $23,988.38, which will be funded by IDC approved Park Package #1 Account (3194-918500-564005-445000-IDCLPB). L. Consider for approval of the annual bulk fuel contracts to the responding bidders that conformed to the specifications in Bid #15-20; Southern Counties Oil and Apache Oil. The funding source is the Fleet Facilities Fuel and Lubricants Account, 5020-811561-522025. M. Consider for approval a Resolution of the City Council of the City of Galveston, Texas, authorizing the City Manager to execute documents accepting a STEP "Impaired Driving Mobilization Enforcement and Speed Enforcement" Grant for Fiscal Year 2015 from the Texas Department of Transportation; providing for findings of fact and providing for an effective date. N. Consider for approval authorizing the City Manager to enter into a contract with Hardy-Heck-Moore, Inc., d/b/a HHM Inc. as the consultants for the Local Historic District Survey Update. Funding source is $10,000.00 in grant funds from the Texas Historical Commission and $10,000.00 from the Planning Commission Consultant Services Account. O. Consider for approval authorizing the City Manager to submit a letter assigning the PaybyPhone Technologies, Inc., and G-Techna contracts related to the Seawall Paid Parking Program from the City to the Galveston Park Board upon final approval by the City Attorney. The assignments are necessary to the transfer of duties oudined in the Interlocal Agreement between the City and the Park Board related to the Seawall Paid Parking Program. P. Consider for approval minutes of the October 20, 2014 Special Meeting and the October 28, 2014 Workshop and Regular Meeting.
Consider for approval a Resolution of the City Council of the City of Galveston, Texas, supporting a request to the Houston-Galveston Area Council for One Million Two Hundred Thousand Dollars ($1,200,000.00) of federal funding to complete the Seawall Boulevard Repaving Program pursuant to the FY2015 - FY2018 Transportation Improvement Program Call for Projects; committing the required twenty percent (20%) local share of Three Hundred Thousand Dollars ($300,000.00); authorizing the City Manager to submit all required information and data to support same; making various findings and provisions related to the subject; and providing for an effective date.
Discuss and consider for action the appointment of Joel Caldwell of the Galveston Police Department as the Rabies Control Authority for the City of Galveston.
Consider for approval the rejection of two bids received on November 21, 2014 for the 53rd Street Reconstruction from Broadway to Seawall Project. Both of the bids far exceed the available budget. Staff recommends the rejection of both bids in an effort to attract more competitive bids by rebidding this project.
Discuss and consider for action giving Planning Staff direction to commence an application to repeal the Specific Use Permit approved by Ordinance No. 12-059 on October 11, 2012, for property located at 1328 Seawall Boulevard, Galveston, Texas.
City Secretary
Discuss and consider for action authorizing the City Manager to proceed with the acquisition of real property located north of Broadway Boulevard in the City of Galveston.
EXECUTIVE SESSION A. Pursuant to Texas Government Code Section 551.071, "Consultation with Attorney" to discuss and receive legal advice concerning pending or contemplated litigation or on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code - 1. USACE Sturgis Project 2. Cause No. 14-14-01005-CV - In re City of Galveston; Mandamus action filed in Fourteenth Court of Appeals, Houston, Texas. 3. Legal action against short term rentals in Colony Park 4. Litigation and claims update B. Pursuant to Texas Government Code Section 551.074, "Personnel Matters" to deliberate the employment, evaluation, or duties of a public officer or employee - 1. Annual review of the City Attorney—Dorothy Palumbo C. Pursuant to Texas Government Code Section 551.072 "Deliberation Regarding Real Property" to discuss the purchase, exchange, lease, or value of real property— 1. Real property located north of Broadway Boulevard in the City of Galveston. 16A. Discuss and consider for action any Executive Session item listed on either the Regular Meeting Agenda or the Workshop Agenda for Thursday, January 8, 2015. 17. ADJOURNMENT
1. DECLARATION OF A QUORUM AND CALL MEETING TO ORDER 2. INVOCATION Reverend Allan Martin, Island Church Interdenominational 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL
6. PRESENTATIONS/REPORTS OF COUNCIL, OFFICER BOARDS, AND CITY MANAGER A. Pursuant to Texas Government Code Section 551.0415, the City Council may report on any of the following items: 1. Expressions of thanks, gratitude, and condolences 2. Information regarding holiday schedules 3. Recognition of individuals a. Queen's BBQ Proclamation b. Rudy and Paco's Proclamation c. Individuals Receiving Certified Public Manager (CPM) Certification—Robert Simmons, David Smith, Barbara Sanderson, David Van Riper, Rick Vasquez, David Torres, Andre Mitchell, and Raymond Orozco 4. Reminders regarding City Council events 5. Reminders regarding community events 6. Health and safety announcements
COMMUNICATIONS AND PETITIONS Claim #14-096 Juan Hernandez Claim #14-097 Motor Trike/Jeffrey Vey Claim #14-098 Karen Parsons Claim #14-099 George Callen Claim #14-100 Cyaus Hypolite Claim #14-101 Sam's Market Place Claim #14-102 Paula Franklin Claim #14-103 Michael Sarnello
PUBLIC HEARINGS Consider for approval an Ordinance of the City of Galveston, Texas, abandoning approximately four (4) feet of city right-of-way adjacent to property commonly known as 901 Church Street and legally described as the "North 41.5 feet of Lot (7-3), Block 369, in the City and County of Galveston, Texas"; Planning Case Number 14P-87; making various findings and provisions related to the subject.
Consider for approval an Ordinance of the City of Galveston, Texas, abandoning approximately forty-seven thousand six hundred (47,600) square feet of city right-of-way consisting of Postoffice/Avenue E between 33rd and 35th Streets and adjacent to property commonly known as 3302 Church/Avenue F and legally described as "Lots 1 through 14, Block 453; Lots 1 through 14, Block 454; adjacent street and alleys, in the City and County of Galveston, Texas"; Planning Case Number 14P-82; making various findings and provisions related to the subject.
PUBLIC COMMENT AGENDA ITEMS
PUBLIC COMMENT NON-AGENDA ITEMS
ORDINANCES (NOT REQUIRING PUBLIC HEARINGS) A. Consider for approval an Ordinance of the City of Galveston, Texas, amending Chapter 19 "Licenses, Permits, and Business Regulations" of "The Code of the City of Galveston 1982, As Amended" by adding Article VI, "Short Term Rentals", to regulate Short Term Rentals; require registration; providing for additional regulations and penalties; providing for an effective date of March 1, 2015; making various findings and provisions related to the subject.
The Consent Items shall be considered for action as a whole, unless one or more Council Members objects. The City Manager is authorized to execute all necessary documents upon final approval by the City Attorney. A. Consider for approval the purchase of materials needed to install fire hydrants in the City of Galveston from H. D. Supply, the sole source distributor of American Darling Fire Hydrants, for the cost of $162,942.95 to be funded by the Waterworks Improvement Fund. B. Consider for approval the acceptance of a donation in the amount of $20,000.00 from the Harris and Eliza Kempner Fund for construction costs for the Lasker Park Pool Project. C. Consider for approval Bid #15-14 for the Annual Street Materials Contract for limestone and cement stabilized limestone from Vulcan Construction Materials, LP. D. Consider for approval a bid proposal from J. W. Kelso Company, Inc. for the construction of the CDBG Hollywood Heights Sidewalk Project at a cost not to exceed $132,316.33. Funding source is the 2013-2014 CDBG Account. E. Consider for approval a bid proposal from J. W. Kelso Company, Inc. for construction of the Avenue K to Avenue L and 25th Street to 29th Street Sidewalk Project at a cost not to exceed $228,647.54. Funding source is the 2013-2014 CDBG Account. F. Moved to Action Item 13D. G. Consider for approval payment to United Rentals for the rental of temporary pumps at the Wastewater Treatment Division. Total cost is $24,914.15. The funding source is the Wastewater Treatment Equipment Rental Account. H. Consider for approval the acceptance of a proposal from Shelmark Engineering, LLC for the engineering design of the FEMA Dune Walkover Projects in the Dunes of the West Subdivision, Indian Beach Subdivision, Karankawa Beach Subdivision, Pirates Beach Section 10 Subdivision, and Palm Beach Subdivision at a cost not to exceed $61,800.00. Funding for the Dune Walkover Engineering Design will be provided by PW ST-184 (Dunes of the West Subdivision), PW ST-183 (Indian Beach Subdivision), PW ST-182 (Karankawa Beach Subdivision), PW ST-199 and PW ST-200 (Pirates Beach Section 10 Subdivision), and PW ST-198 (Palm Beach Subdivision) FEMA Accounts. I. Consider for approval of Change Order #4 from Boyer, Inc. for the Multi-Lift Station Repair Project—Construction Package No. 2, increasing the contract amount by $37,109.64 to a new total cost of $2,091,743.41. The funding source for the Multi-Lift Station Project is various FEMA Project Worksheets (PW's) for each lift station and re-allocated 2008 Sewer Bond proceeds (with possible reimbursement from the CDBG Disaster Recovery Non-Housing Round 2.2 Program). J. Consider for approval of additional engineering fees of $9,500.00 for Lockwood, Andrews, and Newnam (LAN) for the Multi-Lift Station Project. The funding source for the Multi-Lift Station Project is various FEMA Project Worksheets (PW's) for each lift station and 2008 Sewer Bond proceeds (with possible reimbursement from the CDBG Disaster Recovery Non-Housing Round 2.2 Program). K. Consider for approval the purchase of labor and materials to install eight (8) 30' light poles and twelve (12) 1,000 watt fixtures at the Lindale Park Tennis Courts from A & H Electric for a total cost of $23,988.38, which will be funded by IDC approved Park Package #1 Account (3194-918500-564005-445000-IDCLPB). L. Consider for approval of the annual bulk fuel contracts to the responding bidders that conformed to the specifications in Bid #15-20; Southern Counties Oil and Apache Oil. The funding source is the Fleet Facilities Fuel and Lubricants Account, 5020-811561-522025. M. Consider for approval a Resolution of the City Council of the City of Galveston, Texas, authorizing the City Manager to execute documents accepting a STEP "Impaired Driving Mobilization Enforcement and Speed Enforcement" Grant for Fiscal Year 2015 from the Texas Department of Transportation; providing for findings of fact and providing for an effective date. N. Consider for approval authorizing the City Manager to enter into a contract with Hardy-Heck-Moore, Inc., d/b/a HHM Inc. as the consultants for the Local Historic District Survey Update. Funding source is $10,000.00 in grant funds from the Texas Historical Commission and $10,000.00 from the Planning Commission Consultant Services Account. O. Consider for approval authorizing the City Manager to submit a letter assigning the PaybyPhone Technologies, Inc., and G-Techna contracts related to the Seawall Paid Parking Program from the City to the Galveston Park Board upon final approval by the City Attorney. The assignments are necessary to the transfer of duties oudined in the Interlocal Agreement between the City and the Park Board related to the Seawall Paid Parking Program. P. Consider for approval minutes of the October 20, 2014 Special Meeting and the October 28, 2014 Workshop and Regular Meeting.
Consider for approval a Resolution of the City Council of the City of Galveston, Texas, supporting a request to the Houston-Galveston Area Council for One Million Two Hundred Thousand Dollars ($1,200,000.00) of federal funding to complete the Seawall Boulevard Repaving Program pursuant to the FY2015 - FY2018 Transportation Improvement Program Call for Projects; committing the required twenty percent (20%) local share of Three Hundred Thousand Dollars ($300,000.00); authorizing the City Manager to submit all required information and data to support same; making various findings and provisions related to the subject; and providing for an effective date.
Discuss and consider for action the appointment of Joel Caldwell of the Galveston Police Department as the Rabies Control Authority for the City of Galveston.
Consider for approval the rejection of two bids received on November 21, 2014 for the 53rd Street Reconstruction from Broadway to Seawall Project. Both of the bids far exceed the available budget. Staff recommends the rejection of both bids in an effort to attract more competitive bids by rebidding this project.
Discuss and consider for action giving Planning Staff direction to commence an application to repeal the Specific Use Permit approved by Ordinance No. 12-059 on October 11, 2012, for property located at 1328 Seawall Boulevard, Galveston, Texas.
City Secretary
Discuss and consider for action authorizing the City Manager to proceed with the acquisition of real property located north of Broadway Boulevard in the City of Galveston.
EXECUTIVE SESSION A. Pursuant to Texas Government Code Section 551.071, "Consultation with Attorney" to discuss and receive legal advice concerning pending or contemplated litigation or on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code - 1. USACE Sturgis Project 2. Cause No. 14-14-01005-CV - In re City of Galveston; Mandamus action filed in Fourteenth Court of Appeals, Houston, Texas. 3. Legal action against short term rentals in Colony Park 4. Litigation and claims update B. Pursuant to Texas Government Code Section 551.074, "Personnel Matters" to deliberate the employment, evaluation, or duties of a public officer or employee - 1. Annual review of the City Attorney—Dorothy Palumbo C. Pursuant to Texas Government Code Section 551.072 "Deliberation Regarding Real Property" to discuss the purchase, exchange, lease, or value of real property— 1. Real property located north of Broadway Boulevard in the City of Galveston. 16A. Discuss and consider for action any Executive Session item listed on either the Regular Meeting Agenda or the Workshop Agenda for Thursday, January 8, 2015. 17. ADJOURNMENT