HELLO. HOW ARE YOU? GOOD AFTERNOON, EVERYONE. [1. DECLARATION OF A QUORUM AND CALL MEETING TO ORDER] [00:00:04] IT IS 5 P.M. AND I WOULD LIKE TO OFFICIALLY CALL THE CITY COUNCIL MEETING FOR THE CITY OF GALVESTON TO ORDER FOR NOVEMBER 17TH, 2022. THANK YOU, STAFF, FOR BEING HERE. COUNCIL, IT'S BEEN A LONG DAY. I'VE BEEN KIND OF GOING AT THIS SINCE EARLY THIS MORNING, FLOWING FROM ONE MEETING TO ANOTHER, AND I WANTED TO THANK EVERYONE IN THE COMMUNITY THAT'S WATCHING THIS TELECAST. GLAD TO HAVE YOU WITH US THIS AFTERNOON. WE DO HAVE A QUORUM, BUT LET'S HAVE A ROLL CALL, PLEASE. MAYOR BROWN, PRESENT. MAYOR PRO TEM COLLINS, PRESENT. COUNCIL MEMBER LEWIS, PRESENT. COUNCILMEMBER SCHUSTER, HERE. COUNCILMEMBER BOUVIER, HERE. COUNCILMEMBER LISTOWSKI, HERE. AND COUNCILMEMBER ROBB, HERE. VERY GOOD. WE DO HAVE A QUORUM HERE. AND MOVING TO OUR INVOCATION, WE'RE HONORED TO HAVE THE REVEREND RAY PINARD. RAY, GLAD TO HAVE YOU WITH US. BEFORE WE HAVE OUR INVOCATION, I TAKE A MOMENT OF PERSONAL PRIVILEGE TO ANNOUNCE THAT BECAUSE OF COVID 19, WE HAVE NOT BEEN ABLE TO HAVE OUR CITYWIDE THANKSGIVING SERVICE FOR THE PAST THREE YEARS. BUT LAST SUNDAY, FOR THE FIRST TIME, OUR MEMBERS OF THE GALVESTON MINISTERIAL ASSOCIATION GATHERED AT 4:00 AT TEMPLE B'NAI ISRAEL TO OFFER PRAYERS OF THANKSGIVING ON BEHALF OF OUR CITY AND THE LEADERSHIP OF OUR CITY. AS RABBI JIMMY KESSLER OFTEN SAID, OF COURSE, WE ALL GET ALONG IN GALVESTON. WE'RE AN ISLAND OF SURVIVORS. WE REFLECT THE ECUMENICAL SPIRIT OF MONSIGNOR JAMES CURRAN, AND RABBI HENRY B. COHEN, WHO BROUGHT THE ISLAND TOGETHER AFTER THE 1900 STORM. LET US PRAY. THANKSGIVING PRAYER. AS WE PREPARE TO CELEBRATE OUR NATIONAL THANKSGIVING HOLIDAY. AND THE INSPIRED WORDS OF KING DAVID IN PSALM 107. OH GIVE THANKS TO THE LORD FOR HE IS GOOD. HIS LOVE ENDURES FOREVER. SO TODAY, WITH GRATEFUL HEARTS, WE GIVE THANKS FOR THE MANY BLESSINGS THAT ARE OURS IN GALVESTON. WE GIVE THANKS FOR OUR MAYOR, THE HONORABLE CRAIG BROWN, AND FOR OUR CITY MANAGER, BRIAN MAXWELL. WE ALSO OFFER OUR PRAYERS OF THANKSGIVING FOR OUR ELECTED OFFICIALS, THE MEMBERS OF OUR CITY COUNCIL. WE ARE THANKFUL FOR THEIR DEDICATION AND SERVICE TO OUR COMMUNITY AND WE PRAY GOD'S BLESSING ON ALL THEIR ENDEAVORS. AND WE CLOSED WITH THIS BLESSING THAT MOSES OFFERED TO HIS PEOPLE. THE LORD BLESS YOU AND KEEP YOU. THE LORD MAKE HIS FACE TO SHINE UPON YOU AND BE GRACIOUS UNTO YOU. THE LORD LIFT UP HIS COUNTENANCE UPON YOU AND GIVE YOU PEACE. OH, LORD, OUR GOD, HOW MAJESTIC IS YOUR NAME IN ALL THE EARTH. AND LET ALL THE PEOPLE SAY, AMEN. AMEN. AMEN. THANK YOU, REVEREND PINARD. VERY GOOD. LET'S HAVE THE PLEDGE OF ALLEGIANCE. VERY GOOD. ARE THERE ANY CONFLICTS OF INTEREST, COUNCIL, THAT ANYONE WOULD LIKE TO DECLARE? HEARING NO RESPONSE, WE ARE MOVING TO ITEM 6. [6. PRESENTATIONS/REPORTS OF COUNCIL, OFFICER BOARDS, AND CITY MANAGER] NELLIE, COULD YOU INTRODUCE THAT, PLEASE? ITEM 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. THANK YOU. I WOULD LIKE TO START OUT. AND RECENTLY WE LOST SOMEONE IN THE CITY THAT STANDS FOR WHAT I THINK CITY OF GALVESTON STANDS FOR. AND THAT'S RONNIE MACEO. THERE ARE ICONIC INDIVIDUALS THAT ARE IDENTIFIED WITH GALVESTON AND THE MACEO FAMILY AND ESPECIALLY RONNIE MACEO [00:05:03] WAS ONE OF THOSE INDIVIDUALS. HE WAS A TRUE GALVESTONIAN. HE GAVE BACK TO THIS COMMUNITY IN MANY DIFFERENT WAYS AND HE WILL BE SORELY MISSED. I WANT TO EXTEND FROM THE CITY OF GALVESTON OUR CONDOLENCES AND SYMPATHIES TO THE MACEO FAMILY DURING THIS TIME. I THINK THERE'S SOME OTHER COUNCIL MEMBERS WANTED TO MAKE SOME COMMENTS. COUNCILMAN SCHUSTER. I JUST WANTED TO ECHO THAT. KNOWN RONNIE'S KIDS BASICALLY MY WHOLE LIFE, FRANK AND CONNIE. SO I JUST WANT TO GIVE THEM OUR CONDOLENCES. THEY'RE IN OUR PRAYERS. THERE IS A SERVICE TONIGHT AND THEN ALSO TOMORROW MORNING AT SACRED HEART. SO IF YOU CAN MAKE IT OUT, IT'D BE GREATLY APPRECIATED. A TRUE GALVESTONIAN. I'M A MISS GOING TO MACEO'S AND HEARING HOW THE CITY SHOULD BE RAN AND WHAT WE'RE DOING WRONG ALL THE TIME. AND BUT OUR PRAYERS ARE WITH THE MACEO FAMILY AND HE'S GOING TO BE MISSED AROUND TOWN. VERY GOOD. THANK YOU VERY MUCH. WE ARE NOW AT ITEM 3. RECOGNITION OF INDIVIDUALS. WE HAVE A PROCLAMATION FOR THE FAMILY COURT AWARENESS MONTH PROCLAMATION, I THINK COUNCILMAN SCHUSTER. CITY OF GALVESTON. I'D LIKE TO ISSUE A PROCLAMATION TODAY. WHEREAS THE MISSION OF THE FAMILY COURT AWARENESS MONTH COMMITTEE IS TO INCREASE AWARENESS ON THE IMPORTANCE OF A FAMILY COURT SYSTEM THAT PRIORITIZES CHILD SAFETY AND ACTS IN THE BEST INTEREST OF CHILDREN WHILE HONORING THE OVER 800 CHILDREN WHO HAVE BEEN MURDERED DURING VISITATION WITH THE DANGEROUS PARENT WHEN THE FAMILY WAS INVOLVED IN A DIVORCE, SEPARATION, CUSTODY, VISITATION OR CHILD SUPPORT SITUATION. AND, WHEREAS, CONGRESS FOUND EMPIRICAL RESEARCH INDICATES THAT COURTS REGULARLY DISCOUNT ALLEGATIONS OF CHILD PHYSICAL AND SEXUAL ABUSE WHEN THOSE ALLEGATIONS ARE RAISED IN CHILD CUSTODY CASES AND THAT ALLEGED OR KNOWN ABUSIVE PARENTS ARE OFTEN GRANTED CUSTODY OR UNPROTECTED PARENTING TIMES BY COURTS. APPROXIMATELY ONE THIRD OF PARENTS ALLEGED TO HAVE COMMITTED CHILD ABUSE TO PRIMARY CUSTODY FROM THE PROTECTIVE PARENT REPORTING THE ABUSE, PLACING CHILDREN AT ONGOING RISK. AND, WHEREAS, THE MISSION OF THE FCAMC IS TO INCREASE AWARENESS ON THE IMPORTANCE OF USING EMPIRICALLY BASED EDUCATION AND TRAINING ON DOMESTIC VIOLENCE AND CHILD ABUSE, INCLUDING EMOTIONAL, PSYCHOLOGICAL, PHYSICAL AND SEXUAL ABUSE, AS WELL AS CHILDHOOD TRAUMA, COERCIVE CONTROL AND POST-SEPARATION ABUSE FOR JUDGES AND ALL PROFESSIONALS WORKING ON CASES WITHIN THE FAMILY COURT SYSTEM. AND, WHEREAS, THE MISSION OF THE FCAMC IS TO BRING AWARENESS ON THE HARMFUL AND TRAUMATIZING FORCED REUNIFICATION CAMPS AND TREATMENT THAT HAVE NO SCIENTIFICALLY VALID PROOF OF THE SAFETY, EFFECTIVENESS AND THERAPEUTIC VALUE OF REUNIFICATION TREATMENT. AND, WHEREAS, THE MISSION AT THE FCAMC IS TO EDUCATE JUDGES AND OTHER FAMILY COURT PROFESSIONALS ON EVIDENCE BASED, PEER REVIEWED RESEARCH THAT ILLUSTRATES THE IMPORTANCE OF USING TREATMENT PROGRAMS AND SERVICES THAT ARE SCIENTIFICALLY VALID, EVIDENCE BASED AND PROVEN TO BE SAFE AND EFFECTIVE. SUCH RESEARCH IS A CRITICAL COMPONENT TO MAKE DECISIONS THAT ARE TRULY IN THE BEST INTEREST OF CHILDREN. THIS RESEARCH INCLUDES THE ADVERSE CHILDHOOD EXPERIENCES, STUDY, CHILD CUSTODY EVALUATION BELIEFS ABOUT DOMESTIC ABUSE ALLEGATIONS, CHILD CUSTODY OUTCOMES IN CASES INVOLVING PATERNAL ALIENATION AND ABUSE ALLEGATIONS. THEREFORE, WE THE MAYOR AND CITY COUNCIL FOR THE CITY OF GALVESTON, DO HEREBY DECLARE THE MONTH OF NOVEMBER TO BE FAMILY COURT AWARENESS MONTH AND TESTIMONY WHEREAS WITNESS MY HAND AND THE SEAL OF THE CITY OF GALVESTON, THE 17TH DAY OF NOVEMBER 2022, SIGNED CRAIG BROWN, MAYOR AND JANELLE WILLIAMS, CITY SECRETARY. THANK YOU ALL. [APPLAUSE] MAYOR BROWN, CITY COUNCIL, THANK YOU FOR PROCLAIMING NOVEMBER AS FAMILY COURT AWARENESS MONTH. MY NAME IS SHANNON SWOPE. I AM A CHILD SAFETY ADVOCATE, BRINGING AWARENESS TO SERIOUS CHILD ISSUES THAT ARE HAPPENING IN THE FAMILY COURT SYSTEM. [00:10:06] THE VERY SYSTEM THAT WAS ESTABLISHED TO GOVERN FAMILY LAW CASES AND MAKE DECISIONS THAT ARE IN THE BEST INTEREST OF CHILDREN HAS SOME UNDENIABLE SHORTCOMINGS THAT WARRANT CONVERSATIONS, SOLUTIONS AND ULTIMATELY CHANGE. MY MISSION IN CONJUNCTION WITH NUMEROUS ADVOCACY ORGANIZATIONS SUCH AS FAMILY COURT AWARENESS MONTH COMMITTEE, IS FUELED BY THE DESIRE FOR A FAMILY COURT SYSTEM THAT IS EDUCATED ON CHILDHOOD TRAUMA, DOMESTIC VIOLENCE, COERCIVE CONTROL, AND POST-SEPARATION ABUSE. WE ENVISION A RESEARCH LED AND TRAUMA INFORMED FAMILY COURT SYSTEM THAT ACTS WITH URGENCY AND WITHOUT BIAS TO PROTECT CHILDREN FROM ABUSE WHILE ENSURING ACCOUNTABILITY AND ENFORCEMENT OF THEIR HUMAN RIGHTS. FAMILY COURT RULINGS ARE WIDELY BASED ON A PARENT GETTING A FAIR SHARE OF PARENTING TIME WITH THE CHILD, EVEN MORE THAN ON THE SAFETY OF THE CHILD WITH THAT PARENT. DOMESTIC VIOLENCE IS ROOTED IN POWER AND CONTROL. THE ABUSERS DESIRE TO MAINTAIN POWER AND CONTROL DOESN'T MYSTERIOUSLY VANISH WHEN THE RELATIONSHIP ENDS. FREQUENTLY THE FAMILY COURT SYSTEM BECOMES A NEW AND HIGHLY EFFECTIVE PLATFORM FOR ABUSERS WHO KNOW HOW TO MANIPULATE POORLY TRAINED JUDGES AND FAMILY COURT PROFESSIONALS. CHILDREN OFTEN BECOME PAWNS USED BY THE ABUSIVE PARENT AGAINST THE PROTECTIVE PARENT IN CUSTODY PROCEEDINGS. FAMILY COURTS LACK EXPERTISE IN ADULT AND CHILD ABUSE AND OFTEN MISTAKENLY BELIEVE THAT SUCH CLAIMS, IF VALID, WOULD ALREADY HAVE BEEN ADDRESSED BY THE CRIMINAL AND CHILD WELFARE WELFARE SYSTEMS. WHEN FAMILY COURTS DO ADDRESS ABUSE, THEY ARE OFTEN INFLUENCED BY SCIENTIFICALLY DISCREDITED THEORIES SUCH AS PARENTAL ALIENATION AND ENMESHMENT, AS RATIONALES FOR MINIMIZING OR REJECTING REPORTS OF ABUSE BY PROTECTIVE PARENTS AND CHILDREN. THROUGH THE OPINIONS OF FOUR HIGHER COURT APPOINTED AND AFFILIATED PROFESSIONALS WHO ALSO LACK TRAINING AND EXPERIENCE IN FAMILY VIOLENCE, INCLUDING CHILD ABUSE. I WOULD ALSO LIKE TO BRING AWARENESS TO THE HARMFUL AND TRAUMATIZING FORCED REUNIFICATION CAMPS ORDERED IN GALVESTON COUNTY. THE TREATMENT HAS NO SCIENTIFIC, VALID PROOF OF SAFETY EFFECTIVENESS OR THERAPEUTIC VALUE. THESE CAMPS MUST STOP BEING ORDERED IN FAMILY COURTS. IN CONCLUSION, I'D LIKE TO THANK YOU AGAIN VERY MUCH FOR DECLARING NOVEMBER AS FAMILY COURT AWARENESS MONTH TO HELP SPREAD AWARENESS. JUDGES, LEGAL PROFESSIONALS, OUR COMMUNITIES, AND ELECTED OFFICIALS ARE PART OF THE SOLUTION TO PROTECT CHILDREN FROM ADVERSE CHILDHOOD EXPERIENCES, WHICH ARE A LEADING INDICATOR OF LIFELONG HEALTH AND WELL-BEING. OUR CHILDREN ARE OUR FUTURE. WE MUST DO BETTER. THEIR LIVES ARE DEPENDENT ON ALL FAMILY COURT PROFESSIONALS BECOMING EDUCATED ON THESE MATTERS. THANK YOU VERY MUCH FOR YOUR TIME. THANK YOU. MY NAME IS ANDREW ROSS. I'M A JUNIOR AT CLEMENTS HIGH SCHOOL, WORKING TO RAISE AWARENESS OF FAMILY COURT AWARENESS MONTH THROUGHOUT THE GREATER AREAS OF HOUSTON. OUR MISSION IS TO MAKE KNOWN THE IMPORTANCE OF A FAMILY COURT SYSTEM THAT PRIORITIZES CHILD SAFETY BY LISTENING TO CHILDREN'S VOICES. WE WOULD LIKE TO PERSONALLY THANK THE MAYOR FOR EVERYTHING HE'S DONE TO HELP THE YOUTH IN THIS COMMUNITY AND FOR GIVING US THIS VALUABLE OPPORTUNITY TO MAKE CHANGE THAT PARENTS AND CHILDREN THROUGHOUT THE GREATER AREAS OF HOUSTON ARE STRIVING FOR. THANK YOU. THANK YOU VERY MUCH. THANK YOU FOR BEING HERE. THANK YOU VERY MUCH. OUR NEXT IS THE MILBURN FAMILY HERE. YOU'RE HERE. AND I KNEW. I KNOW THERE'S A NUMBER OF YOU. ARE ALL OF YOU HERE FOR THE PROCLAMATION OR WOULD YOU WANT TO WAIT? WE HAVE LIKE FOUR MORE THAT'S IN TRAFFIC ON THEIR WAY. WE'LL GO AHEAD AND MOVE FORWARD WITH THE PROCLAMATIONS, AND WE'LL COME BACK TO YOU THEN. OK, THANK YOU. YOU'RE WELCOME. OUR NEXT PROCLAMATION IS FOR THE GALVESTON UNIVERSITY GRADUATES PROCLAMATION. [00:15:11] MIC] I HAVE AN IDEA. SINCE WE HAD SUCH A LONG DAY, WHY DON'T WE LET THEM DO THE MEETING? [LAUGHTER] MIC] BEFORE WE TAKE THAT PICTURE, MY HONOR TO READ A PROCLAMATION. WHEREAS, THE MAYOR OF GALVESTON AND ON BEHALF OF CITY COUNCIL, WE WANT TO PERSONALLY THANK EACH OF OUR GALVESTON UNIVERSITY STUDENTS FOR INVESTING THEIR TIME AND TALENT IN OUR CITY BY FOLLOWING THROUGH ON THE COMMITMENT TO TAKE THIS CLASS. AND, WHEREAS, YOUR DEDICATION TO A BETTER UNDERSTANDING OF HOW YOUR LOCAL GOVERNMENT WORKS IS THE TYPE OF CONTRIBUTION THAT WILL BUILD A SOLID FOUNDATION FOR THE GENERATIONS TO COME. AND, WHEREAS, EACH OF YOU HAVE BECOME AN INTEGRAL PART OF OUR JOURNEY, YOUR QUESTIONS, YOUR FEEDBACK AND YOUR RESPONSES TO EACH CLASS HAVE PROVIDED BETTER INSIGHT INTO OUR OPERATIONS AND HOW WE DO BUSINESS. AND, WHEREAS, YOUR COMMITMENT DOES NOT GO UNNOTICED. EVERY IDEA, EVERY ACTION AND EVERY EFFORT YOU CONTRIBUTED WILL ENSURE GALVESTON CONTINUES ITS FORWARD PROGRESS. AND FOR THAT, WE THANK YOU. THEREFORE, WE, THE MAYOR AND THE CITY COUNCIL FOR THE CITY OF GALVESTON, TEXAS, DO HEREBY PROCLAIM THIS GROUP OF INDIVIDUALS, GALVESTON UNIVERSITY FALL 2022 GRADUATES. CONGRATULATIONS. [APPLAUSE] AND WE'RE GOING TO TAKE A SECOND. HEY, MAYOR. WE'RE GOING TO TAKE A SECOND ONE WITH EVERYBODY. YEAH, I WAS GOING TO SAY, I HAVE EVERYBODY UP HERE SO THEY CAN BE ON CAMERA. I STILL LIKE THE IDEA OF THEM DOING OUR MEETING. AND LET'S GO UP AND FIND COUNCIL MEMBERS THERE AND LET'S TAKE ANOTHER PICTURE. THANK ALL OF YOU. THANK YOU VERY MUCH. [APPLAUSE] ERY GOOD. FOR THE MILBURN FAMILY, WE'RE STILL WAITING ON A NUMBER OF INDIVIDUALS. IS THAT CORRECT? HE'S LIKE 15 MINUTES AWAY. OKAY. WE'LL COME BACK TO YOU WHEN THEY ALL GET HERE. AND IF ONE OF YOU COULD JUST WAVE AT ME WHEN THEY'RE ALL HERE, WE'LL GET READY TO GO. OK, THANK YOU. APPRECIATE IT. LET'S MOVE FORWARD. [7. COMMUNICATIONS AND PETITIONS] ITEM 7. PLEASE. NELLIE. ITEM 7. COMMUNICATIONS AND PETITIONS CLAIMS 22-087-22-093 ARE ON THE SCREEN. ALL RIGHT. THANK YOU, NELLIE. [8.A Conduct A Public Hearing On Proposed 59th Street Water Storage Tank Community Development Block Grant – Mitigation (CDBG-MIT) Program Application (T. Wrobleski/R. Winiecke)] LET'S MOVE TO ITEM 8. A. OUBLIC HEARINGS. ITEM 8. A. CONDUCT A PUBLIC HEARING ON PROPOSED 59TH STREET WATER STORAGE TANK, COMMUNITY DEVELOPMENT BLOCK GRANT MITIGATION PROGRAM APPLICATION. [00:20:01] VERY GOOD. BRIAN, DID YOU WANT TO INTRODUCE OR IS ROB HERE. ROB SHOULD BE COMING IN. THIS IS JUST THE REQUIRED PUBLIC HEARING. I SEE ROB, HERE HE COMES. GOOD EVENING, COUNCIL ROBERT WINIECKE, CITY ENGINEERING DIRECTOR OF INFRASTRUCTURE, WHATEVER IT IS. SO I'M FRAZZLED. OKAY, SO TONIGHT WE HAVE A REQUEST FOR A PUBLIC HEARING. WE'RE GOING TO BE SUBMITTING A GRANT APPLICATION TO CDBG GLO FOR THE 59TH STREET WATER STORAGE TANK. THERE'S MONEY COMING THROUGH H-GAC AND GLO BEING AWARDED TO THE CITY. SO THIS IS A REQUIREMENT THAT WE HAVE A PUBLIC HEARING. SO THAT'S WHAT WE'RE REQUESTING YOU TO DO, IS TO OPEN THAT TONIGHT. VERY GOOD. IT IS 5:21 P.M. I'M GOING TO OPEN THE PUBLIC HEARING ON THIS PARTICULAR ITEM FOR THE PROPOSED 59TH STREET WATER STORAGE TANK THAT WILL BE FUNDED THROUGH THE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. ARE THERE ANYONE, IS THERE ANYONE THAT WOULD LIKE TO MAKE A PUBLIC COMMENT ON THIS? JANELLE, HAVE WE RECEIVED ANY COMMENTS ON THIS ITEM? NO, SIR. ALL RIGHT, VERY GOOD. IT IS 5:21 P.M. STILL. I'M GOING TO CLOSE THE PUBLIC HEARING ON THIS PARTICULAR ITEM. AND ROB, THANK YOU. DID YOU WANT TO SAY ANYTHING ELSE ON THIS, SIR? THAT'S ALL WE NEEDED. SO THANK YOU. ALL RIGHT. THANK YOU VERY MUCH. ITEM 8.B., PLEASE, JANELLE. [8.B Consider For Approval An Ordinance Of The City Of Galveston, Texas, Creating A Planned Unit Development (PUD) Overlay Zoning District In A Residential, Single-Family (R-1) Zoning District To Allow For An “Office” Land Use On Property Commonly Known As 2018 60th Street, And Which Is Legally Described As Lot 8r, Of Two West, In The City And County Of Galveston, Texas; Planning Case Number 22P-065; Making Various Findings And Provisions Related To The Subject; And Providing For An Effective Date. (A. Montalvan)] ITEM 8.B. CONSIDER FOR APPROVAL AN ORDINANCE OF THE CITY OF GALVESTON, TEXAS, CREATING A PLANNED UNIT DEVELOPMENT OVERLAY ZONING DISTRICT IN A RESIDENTIAL SINGLE FAMILY ZONING DISTRICT TO ALLOW FOR AN OFFICE LAND USE ON PROPERTY COMMONLY KNOWN AS 2018 60TH STREET, IN WHICH IT'S LEGALLY DESCRIBED AS LOT 8R, OF TWO WEST, IN THE CITY AND COUNTY OF GALVESTON, TEXAS. PLANNING CASE NUMBER 22P-065, MAKING VARIOUS FINDINGS AND PROVISIONS RELATED TO THE SUBJECT AND PROVIDING FOR AN EFFECTIVE DATE. THANKS VERY MUCH. WE HAVE ADRIEL MONTALVAN. ADRIEL. GOOD EVENING, COUNCIL. 22P-065 2018 60TH STREET. THIS IS THE PLANNING AND DEVELOPMENT REQUEST. THERE WERE 21 PUBLIC NOTICES SENT. FIVE OF THOSE RETURNED. FOUR IN FAVOR. ONE NO COMMENT. THIS PUD REQUEST IS TO ESTABLISH A LOT FOR AN OFFICE LAND USE IN THE R-1 ZONING DISTRICT. PLEASE NOTE THE DEVELOPMENT PLAN DETAILS ON PAGES TWO AND THREE OF YOUR REPORT. ON OCTOBER 18TH, 2022, THE PLANNING COMMISSION VOTED UNANIMOUSLY TO RECOMMEND APPROVAL OF THEIR REQUEST. STAFF IS ALSO RECOMMENDING APPROVAL WITH SPECIFIC AND STANDARD CONDITIONS LISTED AS ONE THROUGH EIGHT ON YOUR STAFF REPORT. AND NOW WE HAVE SOME PHOTOGRAPHS. THIS IS AN AERIAL IMAGE OF THE SUBJECT SITE. NEXT SLIDE, PLEASE. THIS IS THE SUBJECT PROPERTY. NEXT SLIDE, PLEASE. IT'S THE SITE PLAN/SURVEY PROVIDED BY THE APPLICANT. NEXT SLIDE, PLEASE. THESE ARE THE SURROUNDING PROPERTIES TO THE NORTH, SOUTH, EAST AND WEST. AND THAT CONCLUDES OUR REPORT. THANK YOU VERY MUCH, ADRIEL. APPRECIATE IT. ANY QUESTIONS FOR MR. MONTALVAN? COUNCIL? ALL RIGHT. IT IS 5:23 P.M. I'M GOING TO OPEN THE PUBLIC HEARING ON ITEM 8.B. IS THERE ANYONE IN THE AUDIENCE THAT WOULD LIKE TO MAKE A COMMENT ON THIS ITEM? JANELLE, IS THERE ANY COMMENTS THAT YOU'VE RECEIVED? ALL RIGHT. IT IS EIGHT FIVE, EXCUSE ME, 5:24 P.M. I'M GOING TO CLOSE THE PUBLIC HEARING ON ITEM 8.B. GOING TO BRING IT BACK TO COUNCIL FOR ACTION. THIS WILL BE A MANUAL VOTE. THIS WILL BE A MANUAL VOTE SINCE WE HAVE COUNCILWOMAN LEWIS ATTENDING VIRTUALLY. I'LL MAKE A MOTION FOR THE APPROVAL OF ITEM 8.B IS THERE A SECOND? I'LL SECOND THAT. I HAVE A SECOND BY COUNCILMAN LISTOWSKI. ANY DISCUSSION? ALL THOSE IN FAVOR, PLEASE RAISE YOUR HAND. THAT IS UNANIMOUS. THANK YOU VERY MUCH. ITEM 8.C, PLEASE. [8.C Consider For Approval An Ordinance Of The City Of Galveston, Texas, Creating A Planned Unit Development (PUD) Overlay Zoning District In A Residential, Single-Family (R-1) Zoning District To Construct A Single-Family Residential Development And Nature Preserve, On Property Commonly Known As 0 Wern Road, And Which Is Legally Described As Lot 376, Section 1, Trimble And Lindsey, In The City And County Of Galveston, Texas; Planning Case Number 22P-070; Making Various Findings And Provisions Related To The Subject; And Providing For An Effective Date. (A. Montalvan)] NELLIE. ITEM 8.C. CONSIDER FOR APPROVAL AN ORDINANCE OF THE CITY OF GALVESTON, TEXAS, CREATING A PLANNED UNIT DEVELOPMENT OVERLAY ZONING DISTRICT AND A RESIDENTIAL SINGLE FAMILY ZONING DISTRICT TO CONSTRUCT A SINGLE FAMILY RESIDENTIAL DEVELOPMENT AND NATURE PRESERVE ON PROPERTY COMMONLY KNOWN AS 0 WERN ROAD, AND WHICH IS LEGALLY DESCRIBED AS LOT 376, SECTION 1, TRIMBLE AND LINDSEY, IN THE CITY AND COUNTY OF GALVESTON, TEXAS, PLANNING CASE NUMBER 22P-070, MAKING VARIOUS FINDINGS AND PROVISIONS RELATED TO THE SUBJECT AND PROVIDING FOR AN EFFECTIVE DATE. THANK YOU, NELLIE. ADRIAL. [00:25:01] 22P-070, 0 WERN ROAD. 29 PUBLIC NOTICES WERE SENT. THREE OF THOSE RETURNED, ALL THREE OPPOSED. THIS IS A REQUEST FOR PLANNING AND DEVELOPMENT. AND THIS CASE, THE REQUEST IS TO CONSTRUCT A SINGLE FAMILY RESIDENTIAL DEVELOPMENT COMPRISED OF 20 DETACHED SINGLE FAMILY UNITS. THE INTENT OF THIS, OR PURPOSE OF THIS PART IS TO DEVIATE FROM THE MINIMUM LOT WIDTH IN THE R-1 ZONING DISTRICT AND TO ALLOW FOR PRIVATE STREET. AT THE OCTOBER 18, 2022 REGULAR MEETING, THE PLANNING COMMISSION VOTED TO RECOMMEND DENIAL OF THIS REQUEST. STAFF IS RECOMMENDING APPROVAL OF THIS REQUEST WITH SPECIFIC AND STANDARD CONDITIONS LISTED AS ONE THROUGH NINE ON YOUR STAFF REPORT. AND NOW WE HAVE SOME PHOTOGRAPHS. THIS IS THE ZONING MAP, AERIAL IMAGE OF THE SUBJECT SITE. THIS IS THE SUBJECT SITE OR LEADING TO THE SUBJECT SITE. NEXT SLIDE, PLEASE. THIS IS THE SITE PLAN PROVIDED BY THE APPLICANT. NEXT SLIDE, PLEASE. AND THESE ARE THE SURROUNDING PROPERTIES TO THE SOUTHEAST AND WEST. THAT CONCLUDES THAT REPORT. THANK YOU VERY MUCH, ADRIAL. IS THERE ARE THERE ANY QUESTIONS, COUNCIL, FOR STAFF ON THIS? YES, MA'AM. I HAVE SOME QUESTIONS. I TALKED TO SOME OF THE NEIGHBORS AND SO FORTH THAT LIVE IN THE AREA. IS THAT ROAD ON PRIVATE PROPERTY? THERE'S AN EASEMENT. THAT IS AN EASEMENT LEADING TO THAT PROPERTY. YES. OKAY. ARE YOU CERTAIN? YES. OKAY. ALL RIGHT. ANY OTHER QUESTIONS? YEAH. THEY HAVEN'T DONE THEIR WETLANDS MITIGATION AND WHATNOT. AND WHEN THEY DO THAT, THEN THEY WILL NEED TO COME BACK? I BELIEVE THE APPLICANT IS PRESENT AND CAN ANSWER THAT QUESTION. THEY ARE IN THE, I BELIEVE, AT THE BEGINNING STAGES OF THE WETLANDS DELINEATION PROCESS. BUT NO, THEY WOULD NOT HAVE TO COME BACK IF AFTER A DETERMINATION IS MADE. BUT IF THERE'S A CHANGE IN THE PLATS AND SO FORTH. SO ANY MAJOR DEVIATION OR SUBSTANTIAL CHANGE FROM WHAT IS APPROVED TODAY, IF APPROVED. YES THAT WOULD REQUIRE THE APPLICANT TO COME BACK AND START THE PROCESS AGAIN. IS THERE AN ISSUE THAT THE ROAD IS HALF THE SIZE OF A NORMAL ROAD? WE DIDN'T HAVE ANY COMMENTS FROM OUR PUBLIC WORKS ENGINEERING DIVISION PERTAINING TO THAT. ANY OTHER QUESTIONS? OKAY. ANY OTHER QUESTIONS, COUNCIL? IT'S 5:20. EXCUSE ME. 5:28 P.M. I'M GOING TO OPEN THE PUBLIC HEARING ON ITEM 8.C. IS THE APPLICANT HERE? BRAX, COME FORWARD AND. GOOD EVENING. GOOD EVENING. THANK YOU FOR STAFF RECOMMENDATION AND THANK YOU GUYS FOR YOUR SERVICE. SO THIS IS A SMALL SUBDIVISION, WEST END, JUST WEST OF THE SUBDIVISION. WE HAVE 20 HOUSES GOING IN HERE. IT'S A, YES IT'S A PRIVATE ROAD. THE ROAD LEADING TO THE PROPERTY WAS DEDICATED TO THE COUNTY IN 1956. SO THOSE 40 FOOT TRACKS, THE DOGLEG OFF OF WERN ROAD ARE ARE DEDICATED TO THE COUNTY. THE APPLICANT OR THE OWNER, THE DEVELOPER, I WAS THE APPLICANT, I'M SORRY; FULLY UNDERSTANDS THAT THERE'S GOING TO NEED TO BE THEIR PRIVATE INVESTMENT INTO THOSE ROADS IN ORDER TO MAKE THE PROJECT VIABLE, IF FOR NOTHING ELSE. INCLUDED WITHIN THAT, I THINK THERE WAS SOME CONCERN ABOUT DRAINAGE AND THERE WILL BE A CULVERT UNDER THE NEW ROAD THAT SHOULD IMPROVE THE DRAINAGE IN THE AREA. AND OBVIOUSLY THERE'S DESIGN WORK LEFT TO BE DONE WITH THOSE CIVIL PLANS ONCE A PLAT IS APPROVED. SO THIS PROJECT, YOU ASKED ABOUT IT COMING BACK MARIE, IT WILL COME BACK, NOT TO YOU, BUT IT'LL HAVE TO COME BACK TO THE PLANNING COMMISSION FOR ANOTHER APPROVAL OF THE PLAT PROCESS. THAT'S CORRECT. RIGHT, ADRIEL? OKAY. IN TERMS OF THE WETLANDS, IF YOU WERE TO GO OUT TO THE PROPERTY TODAY YOU WOULD SEE STAKES THAT ARE FOR THE DELINEATION. I DON'T HAVE A DRAWING FOR YOU, BUT THAT PROCESS HAS BEEN STARTED. AND TO MY UNDERSTANDING SO FAR, THERE'S NOT ANYTHING SUBSTANTIALLY DIFFERENT FROM WHAT I THINK THAT WE INCLUDED IN YOUR IN YOUR PACKET, [00:30:08] WHICH IS A DRAWING THAT IS A NATIONAL INVENTORY. THERE'S NOT, MY UNDERSTANDING, IT'S NOT MUCH DEVIATION FROM THAT. THE ONLY IMPACT TO WETLANDS WILL BE ACTUALLY FROM COMING IN FROM WERN ROAD. IT'S GOING TO CLIP A SMALL SECTION OF WETLANDS RIGHT THERE. AND THE OWNER IS GOING TO DO MITIGATION FOR THAT. I'M ALLOWED TO. YES, MA'AM. GO RIGHT AHEAD. THAT IS LIKE A HIGHLY, THAT AREA FLOODS. FOR SURE. AND I THINK WHEN YOU GET INTO THE WHOLE WETLANDS DELINEATION, YOU'RE GOING TO SEE THAT THERE'S MORE THAN MAYBE MEETS THE EYES BECAUSE WE HAVEN'T HAD RAIN. SO YOU'LL BE SUPPLYING A DRAINAGE PLAN. YEAH, PUBLIC WORKS IS GOING TO REQUIRE THAT. AND LIKE I SAID, I THINK PUBLIC WORK IS GOING TO REQUIRE THEM TO INVEST INTO THAT ACCESS TO GET TO THE PROPERTY, BECAUSE THE CONCERN WOULD BE WITH THE AMOUNT OF FLOODING THAT EXISTS IN THAT AREA NOW, AND YOU'RE GOING TO HAVE 20 HOUSES AND YOU'RE LOOKING NOT SHORT TERM RENTAL FULL TIME HOMES, THAT PEOPLE MIGHT GET TRAPPED. THEY GET TRAPPED THERE. YOU KNOW, I DON'T REALLY KNOW HOW TO ADDRESS THAT, TO BE HONEST WITH YOU. IT'S TYPICAL OF SO MANY PLACES ON THE WEST END, LIKE SPORTSMAN ROAD, YOU KNOW, AND THIS AREA, TOO. YEAH. 133RD. IT FLOODS. YEAH, SURE. SO THE INTENT IS NOT TO DIVERT ANY WATER ONTO THE NEIGHBORS. IF THAT'S REALLY WHAT THE CONCERN IS. IT IS. AND THE DRAINAGE WILL GO TO THE WEST ESSENTIALLY. OKAY. YEAH, THAT'S A BASIC STRATEGY. LIKE I SAID, WE NEED TO GET THROUGH THIS KIND OF THIS CONCEPTUAL APPROVAL PROCESS BEFORE THE THE REAL DESIGN WORK ON THE INFRASTRUCTURE STARTS. OKAY. WHAT OR CAN I ASK QUESTIONS OF ADRIEL NOW? GO RIGHT AHEAD. WHAT WERE THE OBJECTIONS THAT WERE RECEIVED BECAUSE THEY WEREN'T IN OUR PACKET. PRIMARILY, THEY WERE CONCERNED WITH THE DRAINAGE PORTION OF IT, AS WELL AS THE WETLANDS AND THE ACCESS TO THE PROPERTY. BECAUSE A LOT OF THE NEIGHBORS SEEM TO THINK THAT IT IS A COUNTY EASEMENT AND YOU HAVE. I DOUBLE CHECKED THIS AFTERNOON WITH THE SURVEYOR AND HE SENT ME SOME DOCUMENTS THAT SHOWED IT HAVING BEEN RECORDED. SO I HAVE TO GO BY THE INFORMATION THAT I'VE BEEN GIVEN. BUT, I DID MAKE THE EFFORT TO TO CONFIRM THAT. AND HAVE YOU CONFIRMED IT WITH THE PROPERTY OWNER THAT THE ROAD IS ON THEIR PROPERTY? I THINK IT'S A JIMMY SOMERVILLLE. NO, I HAVEN'T. I HAVEN'T TALKED TO ANY OF THE PROPERTY OWNERS IN THE AREA. OKAY. YOU CAN PROVIDE THOSE DOCUMENTS TO STAFF. SURE. SURE. THE SURVEY THAT SHOWS THE 40 FOOT EASEMENT. YES. NO, I JUST GOT THOSE TODAY. YEAH, I JUST GOT THOSE TODAY. YEAH. BECAUSE IT'S NOT. I'M DEBBIE SILVA. I REPRESENT THE DEVELOPER OWNER. YES, SIR. I'VE GOT A QUESTION, BRAX. AND YOU CAN HELP ME WITH THIS ANSWER, TOO. YOU SPOKE ABOUT IMPROVEMENTS TO WERN. IS IT WERN DRIVE? WERN ROAD. WHAT WERE THOSE IMPROVEMENTS BE? PAVEMENT AND WIDENING IT AND WHATEVER ELSE THE, IS TYPICAL FOR A CITY CITY STREET. SO DRAINAGE WOULD BE PART OF THAT. OKAY. THAT'S ACTUALLY GOING TO BE ON WERN ROAD. YEAH. YEAH. THAT ROAD, THAT PART OF THE ROAD STILL IS NOT UP TO UP TO STANDARDS. DID I SEE A PICTURE OF THAT WHERE IT WAS JUST GRAVEL? YEAH, WE HAVE A GRAVEL ROAD GOING. THE 40 FOOT EASEMENT IS NOW GRAVEL. THERE WE GO. THANK YOU. THAT TAKES US INTO THE PROPERTY. OUR PROPERTY STARTS WHERE THE TELEPHONE POLE IS, WHERE WE'VE BLOCKED ACCESS FOR OTHER PEOPLE TO GO THROUGH THERE. SINCE WE'RE IN THE MIDDLE OF OUR DELINEATION ON THE WETLANDS. THE CORP HAS BEEN OUT. THEY HAVE WALKED THE ENTIRE TEN ACRES WITH US. AND WE'RE ALMOST THROUGH DELINEATION. [00:35:03] AND YOUR APPROACH TO THAT IS AVOIDANCE. AND YOU THINK THAT THE ONLY PIECE THAT MIGHT GET AFFECTED IS THE ENTRY? THESE RIGHT HERE, ABOUT TEN FEET OVER IS WHERE WE'RE GOING TO HAVE TO GO THROUGH THERE. AND THEN ON THE BACK OF THE PROPERTY, I BELIEVE IT'S LOT 17, IT'S OUTSIDE OF THE BUILDING LINE. THERE IS A SMALL SECTION THERE THAT THEY HAVE ASKED US TO FILL IN. OKAY. IT'S VERY, VERY SMALL. BUT RIGHT BEFORE I WALKED IN HERE, WE GOT A NOTIFICATION FROM THE CORP THAT THERE WERE NO CHANGES NEEDED AS OF WHEN THEY DID THE WALKTHROUGH. AND SO YOU'VE SUBMITTED YOUR DELINEATION FOR VERIFICATION. YOU HAVEN'T SUBMITTED AN APPLICATION FOR, FOR FILL. WE HAVE SENT IN FOR OUR PERMITS. I BELIEVE IT'S PERMIT 14 AND 18. CAN YOU GET CLOSER TO THE MIC? SURE. THERE'S TWO PERMITS THAT ARE GOING TO BE REQUESTED, ONE FOR THE FRONT HERE AND ONE FOR THE BACK. THOSE HAVE ALREADY GONE TO THE CORE AND THEY'RE BEING DONE RIGHT NOW. AND THOSE PERMITS ARE FOR FILL, TO FILL IN THOSE PORTIONS. RIGHT. OKAY. YOU'RE AWARE THAT THERE'S A GOOD AMOUNT OF DRAINAGE WORK THAT'S GOING TO BE DONE. OUR CIVIL ENGINEER IS WORKING ON THAT NOW WITH THE CITY ENGINEER. SO WE'RE WELL AWARE THAT WE'RE GOING TO HAVE TO SPEND PROBABLY $100,000 IN DRAINAGE. OKAY. AND THESE THESE HOMES YOU'VE GOT, YOU'RE GOING TO APPLY DEED RESTRICTIONS TO ELIMINATE SHORT TERM RENTALS IN THERE. AND SO YOU'RE LOOKING FOR PRIMARY RESIDENCE, I'M ASSUMING SECONDARY. NOTHING THAT'S GOING TO ALLOW SHORT TERM RENTALS. RIGHT? RIGHT. SINCE IT'S GOING TO BE GATED AND WE HAVE THOSE CUL DE SACS. SO ABSOLUTELY NO SHORT TERM. AND BECAUSE IT'S GATED AND IT'S PRIVATE ROAD, THAT'S PART OF THE PLSY APPLICATION. THAT'S ONE OF THE REASONS WHY Y'ALL ARE HERE. THE PRIVATE ROAD AND THE LOT WITH, THOSE TWO THINGS KICKED YOU INTO THIS PUD REQUIREMENT. AND I DON'T KNOW THAT I MENTIONED IT EARLIER, BUT ORIGINALLY THERE WERE FIVE OF THE 20 LOTS THAT DIDN'T MEET THE WIDTH REQUIREMENT. AND THESE ARE ALL PIE SHAPED LOTS. SO THEY'RE JUST NOT MEETING IT AT THE FRONT. AND SO WE TOOK TWO OF THOSE AND WE MODIFIED THEM TO WHERE WE PUSHED THE BUILDING LINE BACK ESSENTIALLY TO WHERE WE GET THAT 50 FEET. SO WE'RE REALLY ONLY ASKING FOR DEVIATION ON THREE OF THE, THREE OF THE 20 LOTS. I THINK THAT'S ALL I HAVE QUESTIONS FOR. ALL RIGHT. WE HAD COUNCILMAN SCHUSTER. WHEN YOU SAY IMPROVEMENTS TO WERN ROAD, WHAT EXACTLY, YOU SAY YOU'RE EXPANDING THE ROAD TO MAKE IT? A LITTLE BIT WIDER AND IT'LL NEED TO BE PAVED. WELL, I BELIEVE RIGHT NOW IT'S TO THE DRAINAGE AT THIS POINT, ISN'T IT? I MEAN, I THINK WERN GOES ALL THE WAY TO WHERE YOU WOULD BE IN THE DITCH AT THIS. BUT WHEN YOU'RE TALKING ABOUT WERN, YOU'RE NOT TALKING ABOUT THIS PART. THEY'RE TALKING ABOUT THE REGULAR ROAD. RIGHT. I BELIEVE. RIGHT. SO WHEN YOU TAKE THAT LEFT OFF 103RD, OKAY. SO YOU WOULD REPAVE THAT LEADING INTO YOUR DEVELOPMENT? YES, BECAUSE THAT'S WHERE WE'RE GOING TO HAVE TO BRING UTILITIES FROM. AND YOU WOULD, AND YOU'RE SAYING YOU WOULD EXPAND THAT ROAD TO TWO LANES. WHATEVER THE CITY TELLS US WE HAVE TO DO. WAS THAT WHAT IT WOULD BE? OR BECAUSE ONE, BECAUSE IT'S ALREADY DITCH THE DITCH RIGHT NOW. SO WHERE EXACTLY IS THIS ROAD GOING TO GO AND ALLOW FOR THE DRAINAGE FROM EAST TO WEST IS MY QUESTION. AND THAT'S WHERE SOME OF THE ITEMS THAT WE WOULD TYPICALLY CATCH DURING THE PLANNING PROCESS AND OUR ENGINEERING DIVISION. ROBERT WINIECKE WOULD DEFINITELY HAVE THE INPUT ON THAT. OKAY. AND THEN YOU JUST SAID IT'S GATED, CORRECT? AND TO ALLOW FOR GATED OR I'M SORRY TO ALLOW FOR FIRE ENGINES OR FIRE ENGINES FOR SAFETY. [LAUGHTER] SORRY, IT WAS A LONG DAY. YEAH. TO ALLOW FOR FIRST RESPONDERS, WHETHER IT BE AMBULANCE, FIRE, TRUCK, ALL THAT STUFF, YOU'RE GOING TO GUARANTEE THERE'S NO STREET PARKING, RIGHT? RIGHT. OKAY. SO WHO PATROLS THAT IF IT'S GATED? IS THAT THE HOA OR I MEAN, WE'VE GOT A YEAR FROM NOW THANKSGIVING AND THESE ARE MIRACULOUSLY BUILT. THERE'S 30 CARS ON THE ROAD. THERE'S A FIRE BECAUSE SOMEBODY LEFT THE CAMPSITE OUT. IT'S NOT WETLANDS, IT'S DRY LAND. YOU SEE WHERE I'M GOING, WHERE THAT SPREADS BECAUSE YOU GOT A LOT OF PEOPLE IN ONE AREA. FIRE TRUCK CAN'T GET TO THAT. THAT'S. THE FIRE MARSHAL GAVE US A RESPONSE TO THE REQUEST THAT JUST ESSENTIALLY SAID THAT WE COULD NOT PARK IN THE CUL DE SAC. I DON'T KNOW WHO POLICES THAT. MAYBE I WOULD JUST ASSUME PD COULD ENFORCE IT JUST LIKE ANYWHERE. [00:40:02] YOU DON'T POLICE PRIVATE PROPERTY. SO THAT'S HOW I'M WONDERING WHERE'S THE GUARANTEE? BUT THE FIRE MARSHAL COULD GO OUT THERE AND WRITE A TICKET ON PRIVATE PROPERTY. ABSOLUTELY. ALL RIGHT. TECHNICALLY, THERE'S AT LEAST ONE NEIGHBOR WHO'S VIGILANT ABOUT COMPLAINING. YEAH. OH, YOU'RE RIGHT ABOUT THAT. BECAUSE HOW WOULD ANYBODY HAVE A PARTY IF YOU WERE ONLY ALLOWED TO HAVE FOUR CARS? BE A SMALL PARTY. VERY SHORT TERM RENTALS ARE ALLOWED. THAT'S THE ONLY PEOPLE THAT PARTY. I'M JOKING. I'M KIDDING. I'M THINKING ABOUT MY CHRISTMAS. YEAH, WE'RE NOT GOING THERE. COUNCIL LET'S. THAT'S A MAXIMUM OF FOUR FRIENDS. WE HAVE THE APPLICANT IN THE OWNER HERE. ANY FURTHER QUESTIONS, COUNCIL, FOR THESE INDIVIDUALS? THE HESITATION THAT I HAVE ON THIS PURELY HAS TO DO WITH DRAINAGE, SINCE IT IS SUCH A HIGH FLOODING AREA. UNDERSTOOD. AND LIKE I SAID, DURING THAT DESIGN PROCESS, IT'LL BE FOREFRONT. I KNOW NORM HOFFMAN HAS BEEN WORKING WITH THE CITY ENGINEER ON THAT, ON HOW HE'S GOING TO DRAIN IT EFFECTIVELY. IT'S PART OF SEVERAL DISCUSSIONS ON THAT. BECAUSE YOU CANNOT CAUSE FLOODING ON ANOTHER PROPERTY. THE PRELIMINARY PLAT PROCESS, THERE'S CONSTRUCTION DRAWINGS THAT ARE REQUIRED. COUNCILMAN SCHUSTER. I GUESS IT WOULD BE DUMB TO ASK BECAUSE YOU'RE NOT GOING TO WANT TO SPEND THE MONEY TO PUT THE EFFORT INTO IT THEN IT GETS SHOT DOWN BY COUNCIL. BUT I THINK WE'RE BRINGING UP SOME GOOD POINTS HERE. IS THERE A WAY TO GET SOME OF THESE QUESTIONS AND ITEMS ANSWERED BEFORE WE APPROVE THIS AND GET IT ROLLING? AND, YOU KNOW, TWO YEARS LATER, WE DIDN'T GET THESE QUESTIONS ANSWERED AND THE ISSUES WE PRESENTED ARE NOW HERE IN OUR LAP. IS THAT POSSIBLE? I'M JUST. YEAH. I WOULD SAY, YOU KNOW, THE THING ABOUT A PUD IS YOU CAN PUT ANY CONDITION ON IT YOU WANT. THE NORMAL PROCESS HERE IN A DEVELOPMENT THEY'RE GOING TO GO THROUGH, IT'S ON EVERY DEVELOPMENT, NO MATTER WHAT DRAINAGE, ALL THOSE CONDITIONS, ALL THOSE ISSUES, THEY HAVE TO DO THAT. THEY CANNOT GET A PERMIT. THEY CAN'T START CONSTRUCTION OUT THERE WITH ALL THOSE ISSUES TAKEN CARE OF. AND THE STAFF IS GOING TO HANDLE ALL THOSE ISSUES. SO PERSONALLY, I DON'T NEED A CONDITION. THAT STUFF, IN MY OPINION. BUT DO WHAT YOU NEED TO DO. YEAH. COUNCILMAN COLLINS. ADRIEL, IF I MAY ASK, WOULD YOU BE HERE WITH THE PUD IF IT WEREN'T FOR THE SHAPE OF THE LOTS AND THE IF THEY DECIDE TO PUSH BACK THOSE THREE LOTS, THE BUILDING LINE, THEY DECIDE TO PUSH THE BUILDING LINE BACK ON THOSE THREE LOTS, AND THEY WERE TO MAKE THIS A PUBLIC ROAD WE WOULD NOT BE HAVING THIS DISCUSSION. THE PRIVATE ROAD IS PART OF THE ISSUE? CORRECT. WOULDN'T YOU BE HERE BECAUSE PLANNING DENIED IT? NO, IT WOULDN'T HAVE GONE TO PLANNING AT ALL. THEY COULD DO JUST REGULAR R-1 DEVELOPMENT. RIGHT. ANY FURTHER QUESTIONS AT THIS TIME, COUNCIL? THANK YOU VERY MUCH. WE MAY CALL YOU UP IN JUST A SECOND. THANK YOU. ANYONE ELSE? THANK YOU. ANYONE ELSE IN THE AUDIENCE WOULD LIKE TO MAKE A COMMENT ABOUT THIS PARTICULAR PROJECT, COME FORWARD. MIKE. PLEASE IDENTIFY YOURSELF, MAYOR, CITY COUNCIL MEMBERS AND THANK YOU ALL FOR TAKING TIME OUT OF YOUR LIVES TO DO THIS AS A COMMUNITY SERVICE. I REALLY APPRECIATE IT. I WILL NEVER DO IT. IT'S A MARITAL VOW [LAUGHTER]. WASN'T MADE IN THE CHURCH, BUT IT COUNTS JUST THE SAME. I'M HERE TO SPEAK IN FAVOR OF CASE NUMBER 22P-O70. THE APPLICATION FOR A PLANNED UNIT DEVELOPMENT. I WANT TO SAY THAT FIRST OF ALL, I'VE KNOWN BRAX SINCE BEFORE HE MOVED TO GALVESTON. FOR THOSE OF YOU WHO DON'T KNOW, BRAX SPENT A NUMBER OF YEARS WORKING IN THE CITY'S PLANNING DEPARTMENT BEFORE HE WENT INTO PRIVATE PRACTICE. THERE IS PROBABLY NO ONE IN GALVESTON THAT KNOWS MORE ABOUT THE PROCESS, THE LAND DEVELOPMENT REGULATIONS, THE OLD ZONING REGULATIONS, ALL OF THE VARIOUS REQUIREMENTS THAN BRAX DOES. HE BRINGS A GREAT DEAL OF CREATIVITY AND TECHNICAL EXPERTISE TO THE PROJECT. I THINK THIS IS A GREAT USE OF THE LAND. IT'S VERY EFFICIENT. IT WORKS WELL FOR GALVESTON, IT FITS IN WELL WITH THE NEIGHBORHOOD, FITS IN WELL WITH OUR VISION AS EXPRESSED IN THE COMPREHENSIVE PLAN OF WHAT WE WANT GALVESTON TO BE. AND I WOULD URGE YOU TO VOTE IN FAVOR OF APPROVING THIS PLANNED UNIT DEVELOPMENT. AND I'LL ANSWER ANY QUESTIONS YOU HAVE FOR ME, IF YOU HAVE ANY. THANK YOU. THANK YOU, MIKE. APPRECIATE IT. ANY OTHER. YES, SIR. COME FORWARD, IF YOU WOULD, SIR. MY NAME. EXCUSE ME. MY NAME IS JIM SOMERVILLE. I OWN THE PROPERTY THAT IS ADJOINING THAT. AND IF YOU COULD PULL THAT SLIDE UP AGAIN OF THE ROAD THAT THEY GO. MY DAD GRANTED THE ASSESSMENT IN 1956 WHEN WE MOVED THERE. [00:45:01] THE ROAD WAS ALREADY THERE FOR THE WERN'S, WHICH WAS A SINGLE FAMILY THAT LIVED PAST THERE. OKAY. IT'S NOT DESIGNED FOR MULTI FAMILIES. ON EITHER SIDE IS A WETLANDS. THEY WOULD PROBABLY, IF THEY GO BACK AND CHECK RIGHT NOW, THAT THERE'S MORE WETLANDS, BUT IT'S NOT OBVIOUS BECAUSE WE HAVEN'T HAD ANY RAIN. THE LAST TIME IT DRIED UP WAS IN 2011 WHEN WE HAD THE DROUGHT. MOST OF THE TIME ON THE SOUTHERN PORTION WHICH BACKS AGAINST MY PROPERTY, THE WATER IS ALWAYS A FOOT AND A HALF TO TWO FOOT DEEP YEAR ROUND. WHEN THEY PUT THIS ROAD IN, THEY WENT ACROSS MY PROPERTY ON THE EASEMENT WITHOUT ANY PERMISSION PUTTING THIS. IT WAS, NOBODY'S USED THIS ROAD IN OVER 30 YEARS WHEN THE WERN'S MOVED OFF OF IT. SO IT WAS JUST GRASS. OKAY. THANK YOU. ANYTHING ELSE, SIR? WELL, I THINK THAT I HAVE A PICTURE HERE FROM THE CORPS OF ENGINEERS. WHEN WE LIVED THERE, WE WAS IN THE COUNTY AND NOT IN THE CITY, AND THEY HAD PLATTED IT OUT FOR ROADS THAT RUN NORTH AND SOUTH. AND THE ACTUAL ROAD THAT THEY COULD PUT IN WOULD COME OFF 105TH STREET AS IT SHOWS ON THE MAP THAT THEY PLATTED BACK IN THOSE, LIKE I SAY, THEY'VE NEVER USED THIS ROAD IN 30 YEARS AND I'M STILL KIND OF UPSET THEY COME IN AND PUT ALL THIS DIRT AND EVERYTHING WITHOUT ANYBODY'S PERMISSION. OKAY. COUNCIL, IS THERE ANY QUESTIONS FOR MR. SOMERVILLE THAT YOU HAD. THE ROAD WAS GRASSED OVER AND IT'S BEEN ON YOUR PRIVATE PROPERTY AND YOU HAVE BEEN THE ONLY ONE. WE'VE PAID TAXES THE WHOLE TIME. AND ACTUALLY THE WERN ROAD THAT IS THERE IS STILL MY PROPERTY. YEAH. BECAUSE ACCORDING TO THE COUNTY, IT DOESN'T EXIST. THE ONLY REASON IT'S PAVED, BACK IN THE EIGHTIES, SONNY BROOME AND MY DAD PAID TO HAVE IT PAVED. BEFORE THEN IT WAS JUST A SHELL ROAD EVER SINCE WE LIVED THERE. OKAY. AND ONE OF MY CONCERNS IS, THERE'S ANOTHER 20 ACRES RIGHT BESIDE THIS, THAT WAS THE WERN'S PROPERTY THAT I'M SURE SOMEBODY'S GOING TO COME IN AND TRY AND DEVELOP THAT, TOO. SO, UNLESS THEY PUT ANOTHER ENTRY THERE, THIS OTHER EXIT, I MEAN, ENTRYWAY WOULD BE OVERRUN. BUT LIKE I SAY, YOU COULD, SOMEBODY NEEDS TO GO AND CHECK IT IN JANUARY AND FEBRUARY WHEN IT'S WET TO SEE THE ACTUAL WETLANDS. THIS EARLY PART OF THIS YEAR, JANUARY, FEBRUARY, SOMEONE ATTEMPTED TO GO IN WITH A MULCHING MACHINE AND THEY GOT ABOUT 50 FEET IN THERE AND BOGGED DOWN AND TERRIBLY COME BACK OUT. AND THEN AFTER THAT, THEY WENT TO THE ALTERNATIVE TO GO THROUGH MY PROPERTY. OKAY. THANK YOU VERY MUCH. I APPRECIATE THAT. VERY GOOD. ANY OTHER COMMENTS ON THIS PARTICULAR ITEM. COME FORWARD, SIR. MY NAME IS DAVID MARTINEZ. I LIVE IN THE YELLOW HOUSE THAT'S RIGHT ACROSS FROM THAT ROAD. AND I ALSO OWN A LITTLE PIECE OF THAT LAND. AND IT LOOKS LIKE ALL THIS IS GOING TO HAPPEN RIGHT IN FRONT OF MY PROPERTY. THIS ROAD THAT, LIKE JIMMY SAID, HADN'T EVEN BEEN A ROAD. HOW CAN THEY JUST COME IN AND DO THAT AND NOT EVEN ASK WHEN THEY DID THE DIRT ROAD? DIDN'T ASK NOBODY NOTHING. SO, I'M AGAINST. ALL RIGHT. THANK YOU VERY MUCH. APPRECIATE IT. ANY OTHER COMMENTS ON THIS PARTICULAR ITEM? HAS THERE BEEN ANY COMMENTS TO YOU, JANELLE? IT IS 5:49 P.M. I'M GOING TO CLOSE THE PUBLIC HEARING ON ITEM 8.C AND I'M GOING TO BRING IT BACK TO COUNCIL FOR ANY PARTICULAR ACTION. I'M GOING TO MAKE A MOTION TO NOT APPROVE BECAUSE I THINK THERE IS AN ISSUE WITH THE ROAD. AND ALSO IF YOU LOOK AT WHAT'S BEING BUILT, IT ISN'T ANYTHING LIKE THE SURROUNDING AREA AND IN OUR LDRS, IT SAYS IT HAS TO BE SIMILAR TO THE SURROUNDING AREA. I MEAN, I'M ALL FOR DEVELOPMENT, BUT I REALLY TRULY THINK LEGALLY THAT THERE IS AN ISSUE WITH THE ROAD AND I DON'T THINK IT FITS IN WITH THE SURROUNDING AREA THAT ARE ALL LARGE ACRE PROPERTIES. IS THERE? THERE'S A MOTION FROM COUNCIL MEMBER ROBB FOR DENIAL OF 8.C. IS THERE A SECOND? I'LL SECOND THIS FOR DISCUSSION. WE HAVE A SECOND BY COUNCILMAN SCHUSTER FOR DISCUSSION HERE. [00:50:04] DAVID. DON, THE ISSUE WITH THE ROAD, IS THAT OUR PURVIEW OR IS THAT A CIVIL MATTER? IT WAS DEDICATED TO THE COUNTY AS A RIGHT OF WAY, FROM WHAT I'VE HEARD HERE. ONCE THE CITY BOUNDARIES EXTENDED INTO THE UNINCORPORATED AREA, THAT DEDICATION TO THE COUNTY ROAD BECAME A DEDICATION AS A CITY ROAD AND BECAME A CITY OF RIGHT OF WAY. NOW, THE FACT THAT IT WAS UNUSED FOR MANY YEARS DOESN'T CHANGE ITS CHARACTER AS OF RIGHT OF WAY, AND IT HASN'T BEEN ABANDONED. I AGREE, THOUGH, HOWEVER, IF FILL WERE HAVING, WERE TO BE PUT ON THAT RIGHT OF WAY, SOME TYPE OF PERMIT SHOULD HAVE BEEN REQUIRED. WELL, BUT IS THAT, AREN'T THEY PROPOSING A PRIVATE ROAD AND YOU'RE SAYING THAT'S A CITY EASEMENT. WELL, CITY NOW. WHAT I HEARD WAS THAT IT WAS DEDICATED AS A COUNTY RIGHT OF WAY. DOESN'T THAT MAKE IT A CITY RIGHT AWAY NOW? YES. SO IT'S NOT A PRIVATE ROAD. WELL. TWO PROPERTY OWNERS HAVE BEEN PAYING TAXES ON IT AS. THAT DOESN'T NECESSARILY. GO AHEAD, DON. YOU CAN BUILD A PRIVATE ROAD ON THE CITY RIGHT OF WAY IF THE CITY LETS YOU. THE DIFFERENCE IS A PRIVATE ROAD DOESN'T GET INCORPORATED INTO THE CITY'S ROAD SYSTEM WITH APPROVAL BY THE ENGINEER. AND, I DIDN'T HEAR WHETHER THIS WOULD BE APPROVED BY THE CITY ENGINEER INTO THE CITY'S ROAD SYSTEM. I DON'T KNOW WHAT THAT WOULD REQUIRE AND WHETHER THIS MEETS THOSE REQUIREMENTS. ARE YOU ALL ASKING TO HAVE THIS PUT IN THE CITY'S ROAD SYSTEM? BUILD A PRIVATE STREET ON PUBLIC LAND, SO IT WOULD BECOME A PRIVATE STREET ONCE YOU HIT THE PROPERTY LINE. ANYTHING, ANY IMPROVEMENTS THAT WE, THAT THE OWNER WOULD DO IN THE PUBLIC RIGHT OF WAY WOULD STILL BE PUBLIC. SORRY. I PULLED UP THE PLAT LAST NIGHT, THE PLATS OF THESE PROPERTIES. AND IF YOU LOOK AT THE PLATS, IT'S NOT DESIGNATED AS AN EASEMENT. IT LOOKS LIKE PRIVATE PROPERTY. EASEMENTS DON'T NECESSARILY SHOW UP ON THAT, RIGHT AWAY DOES, BUT EASEMENTS DO NOT. SO THAT'S NOT, I'M NOT SAYING YOU'RE NOT RIGHT. YOU MAY BE 100% RIGHT, BUT JUST DON'T USE THE CAD SITE FOR THAT BECAUSE EASEMENTS DON'T ALWAYS SHOW UP. YOU WANT TO SAY SOMETHING, ROB? THE QUESTION CAME UP ABOUT PRIVATE ROAD ON PUBLIC PROPERTY. IT HAS TO BE DESIGNED TO CITY STANDARDS IN ORDER FOR THE CITY TO BE ABLE TO ACCEPT IT. SO IT WOULD HAVE TO BE MATERIALLY SOUND BASED ON ENGINEERING REQUIREMENTS. WOULDN'T IT HAVE TO BE A CERTAIN WIDTH AND SO FORTH? I'M SORRY, WHAT WAS THAT? WOULDN'T IT HAVE TO BE A CERTAIN WIDTH AND SO FORTH? YES. AND WHAT IS THAT WIDTH? 28 FOOT TYPICALLY. 28 FEET. THAT'S A MINIMUM. 20, 28. 28. 20 FOOT'S THE MINIMUM WIDTH FOR A FIRE TRUCK, BUT YOU STILL GET YOUR CURB AND GUTTER ON THERE. AND I THINK ON THEIR PLANS IT SHOWED IT WAS 20. THAT'S ON THEIR PROPERTY. ALL RIGHT, COUNCIL, WE HAVE A MOTION ON THE FLOOR, AND WE HAVE A SECOND. WE'RE IN THE DISCUSSION PHASE ON THIS. ANY FURTHER DISCUSSION ON THIS COUNCIL? VERY GOOD. LET'S PLEASE CAST. WELL, I MEAN, THIS SOUNDS LIKE THERE'S A LOT OF QUESTIONS OUT THERE, AND I'D LIKE TO GET THOSE QUESTIONS ANSWERED BEFORE DENYING SOMETHING. YEAH, I DON'T WANT TO DENY THAT. I'D BE WILLING TO CHANGE IT, TO DEFER. I GUESS I NEED TO WITHDRAW MY STATEMENT. YEAH. SO WE HAVE. LET'S CLARIFY THIS. WE NOW HAVE A CHANGE TO DEFERRAL OF THIS ITEM. WE HAD THE SECOND TO HAS AGREED TO THAT. IS THERE ANY DATE YOU WANT TO REFER THIS TO MARIE OR IS IT JUST? NOT IN JANUARY. YEAH. YEAH. I MEAN, SO IF WE DEFER SOMETHING, I'D LIKE TO KNOW. I KIND OF DID THE SAME THING HERE IN PLANNING COMMISSION WHEN I WAS AT PLANNING COMMISSION. BUT I'D LIKE TO KNOW THE REASON FOR THE DEFERRAL SO STAFF AND THE APPLICANT CAN PROVIDE US INFORMATION THAT WE'RE ASKING [00:55:07] FOR TO MAKE A DECISION HERE. AND IF THEY CAN GET US THAT INFORMATION BY OUR NEXT MEETING, I WOULD RATHER SEE THIS COME TO OUR NEXT MEETING AND NOT HOLD UP A PROJECT. AND AT THAT TIME, IF YOU FELT THAT THAT INFORMATION WAS ENOUGH TO DENY IT, DENY IT, LET THEM KNOW THAT THEY NEED TO GO ABOUT A DIFFERENT ROUTE. DON'T PUSH THIS DOWN THE ROAD. JUST WANT TO CLARIFY WHAT INFORMATION YOU GUYS WANT. SO, ADRIEL. WHAT INFORMATION, MARIE, DO YOU WANT? INFORMATION ON THE ROA,D AS WELL AS MORE INFORMATION ON THE DRAINAGE PLAN. THE ROAD ESPECIALLY. WHAT EXACTLY ON THE ROAD? YEAH. COUNCIL MEMBER. IS IT OWNERSHIP, IS IT WIDTH? OWNERSHIP. THE WIDTH OF THE ROAD IT'S GOING TO BE DESIGNED BECAUSE ON THE PLANS THAT WE'VE RECEIVED IT WAS 20 FEET. BUT I STILL SAY THERE'S A QUESTION THAT HAS BEEN SOLVED IN THE SUPREME COURT WHERE THIS MAN HAS BEEN PAYING TAX AND IT WAS GRASS AND THEY'VE BEEN MAINTAINING IT, THAT IT IS NO LONGER AN EASEMENT. THAT'S WAY ABOVE MY PAY GRADE. YEAH, THAT'S. IF THEY CAN ANSWER BY DECEMBER 8TH. I MEAN WE'RE GOING TO BE HERE 12 HOURS AGAIN. SO ADD IT ON. WELL, LET'S CLARIFY YOUR POINTS AGAIN ON WHAT YOU WANT TO HAVE ANSWERED BEFORE. I WOULD LIKE TO HAVE THE ROAD ISSUE FULLY DEFINED. AND IF THE DESIGN OF THE ROAD, IF THEY ARE ABLE TO DESIGN A ROAD TO THE ROAD STANDARDS. AND I WOULD ALSO LIKE SOME ADDITIONAL INFORMATION ON THE DRAINAGE PLAN, BECAUSE YOU HAVE A LOT OF PROPERTIES THERE THAT YOU COULD BE FLOODING OUT. ALL RIGHT. YOU HAVE THOSE DOWN ADRIEL. YES. YES. OH, PARDON ME. SHARON. SHARON, GO AHEAD. I WOULD LIKE TO KNOW. WILL AND HOW WILL THE OWNERSHIP OF THE ROAD AFFECT THE PROJECT IF THE OWNERSHIP OF THE ROAD IS DECLARED THEN HOW WOULD IT AFFECT THE PROJECT? OKAY. DID YOU UNDERSTAND THAT, ADRIEL? YES, SIR. OKAY. DAVID. I'M STILL NOT SURE WHAT'S HOLDING US UP HERE. I MEAN. IT'S NOT AS THOUGH YOU'RE PROPOSING THROUGH THE PUD TO LET THEM BUILD A SUBSTANDARD ROAD OR A ROAD TOO NARROW OR SO FORTH. WOULDN'T THAT BE COVERED IN THE PLANNING PROCESS AS YOU MOVE FORWARD? RIGHT. ALL OF THAT WOULD BE COVERED UNDER THE PLANNING PROCESS. AND THEN THEY HAVE TO MAKE CONSTRUCTION DRAWINGS DURING, AFTER THE PRELIMINARY PLAT PROCESS. SO I UNDERSTAND THAT THERE MAY BE SOME POINTS OF CONFUSION HERE, BUT IT SOUNDS LIKE WE'RE PREEMPTING YOUR RESPONSIBILITY IN PLANNING TO BE SURE THAT THESE STANDARDS ARE MET AS WE MOVE FORWARD. THE STANDARDS THAT WE TYPICALLY REVIEW FOR THOSE DURING THE PLANNING PROCESS. YES. A COUNCIL MAY DECIDE AS YOU SEE FIT, BUT YES, WE HAVE A DUTY TO REVIEW THOSE CONDITIONS THAT THEY MEET THE CITY CODES. THANK YOU. BECAUSE IF THE APPLICANT HAS TO MEET YOUR STANDARDS IN THE CITY ENGINEERS AND ALL OF THIS AND THE DRAINAGE STANDARDS, THEN THIS PROJECT MOVES FORWARD IF COUNCIL APPROVES THAT. IF THEY DON'T MEET THOSE STANDARDS, THEN WHAT HAPPENS AT THAT POINT? THEY WOULDN'T BE ABLE TO GET A PERMIT. OKAY. SO DOES THAT COME BACK TO COUNCIL AT ALL IN ANY ACTION? NEGATIVE. ALL RIGHT. VERY GOOD. SO WE HAVE A MOTION FOR DEFERRAL AND COUNCILWOMAN ROBB HAS DELINEATED WHAT THOSE ITEMS ARE THAT SHE NEEDS. AND THE WAY I UNDERSTAND IT IS AS SOON AS YOU CAN GET INFORMATION ON THAT, THEN WE CAN PUT IT BACK ON THE AGENDA. MAYOR, I ALSO WANT TO COMMENT ON THE, OR A QUESTION ABOUT THE WREN EXPANSION ON THAT ROAD, BECAUSE I KNOW THERE IS DRAINAGE EAST TO WEST. SO IF YOU'RE EXPANDING THAT ROAD AND IMPROVING IT AND YOU TAKE OUT THAT DRAINAGE, YOU NOW HAVE 20 HOUSES TO THE SOUTH OF IT, THAT THAT COULD CREATE RUNOFF INTO THAT NEIGHBORING PLACE THAT USED TO NOT BE THERE. YOU CAN'T JUST REMOVE THE DRAINAGE, THOUGH. THE CITY ENGINEER IS NOT GOING TO ALLOW THAT. SO SO THEY'RE GOING TO HAVE TO PROVIDE DRAINAGE. ONE WAY THAT THEY WIDEN THE ROAD, THEY'RE GOING TO PUT CULVERTS IN. DO WHATEVER IT TAKES TO SATISFY THE CITY ENGINEER THAT THEY ARE TAKING CARE OF THAT DRAINAGE. YOU KNOW, IT'S NOT YOU JUST DON'T DO AWAY WITH DRAINAGE. ALL RIGHT, COUNCIL, WE HAVE A MOTION FOR DEFERRAL AND A SECOND. IT'S ON THE TABLE HERE. ALL THOSE IN FAVOR OF THE DEFERRAL, PLEASE RAISE YOUR HAND. ALL THOSE AGAINST. SHARON, WHAT DID YOU VOTE. [01:00:04] FOR. I WAS A LITTLE SLOW. FOR THE DEFERMENT. FOR THE DEFERRAL. OKAY, LET'S JUST TAKE THAT COUNT AGAIN. I WANT TO MAKE SURE. ALL THOSE IN FAVOR OF THE DEFERRAL, AGAIN. WE HAVE ONE, TWO, THREE. ALL THOSE OPPOSED. THAT'S ONE, TWO, THREE, FOUR. SO THAT MOTION FAILS. I'D ENTERTAIN AN ALTERNATE MOTION. I MOTION TO APPROVE THIS PUD. OK, WE HAVE MOTION FOR APPROVAL OF ITEM 8.C IS THERE A SECOND? I'LL SECOND THAT MOTION. ALL RIGHT. WERNER. WERN. THANK YOU. TO THE PROPERTY IS PAVED AND OF COURSE, MEETS THE STANDARDS OF THE CITY ENGINEER FOR OUR ROADWAYS. RIGHT. SO WE HAVE. YOU'RE PUTTING THAT IN THE MOTION. YOU'RE ASKING FOR MIKE TO ASSERT THAT INTO YOUR MOTION AS A CONDITION. YES, SIR. ALL RIGHT. MIKE, DOES THAT MEET YOUR APPROVAL? YES. ALL RIGHT. DO YOU HAVE THAT DOWN, ADRIEL, IS WHAT THE MOTION IS AND THE CONDITION THAT HAS BEEN APPLIED? CORRECT. OKAY. JUST ONE SECOND. ROB AND BRIAN, ARE WE. OKAY, VERY GOOD. ALL RIGHT. WE HAVE A MOTION ON THE TABLE FOR APPROVAL OF ITEM 8.C WITH CONDITIONS THAT HAVE BEEN APPLIED THAT ARE DESIGNATED IN THE MOTION. ALL THOSE IN FAVOR. I'M SORRY. I'M GOING TO ASK ONE MORE QUESTION. I APOLOGIZE. GO RIGHT AHEAD. SORRY. ROB. WARN. WERN. WERN. THANK YOU. I'M SORRY. WERN ROAD, IS IT CURRENTLY UP TO STANDARDS WITH OUR ROADWAYS? IT WOULDN'T MEET CURRENT STANDARDS TODAY. IT COULD HAVE BEEN CONSTRUCTED TO SOMEWHAT, THE STANDARDS MAY HAVE CHANGED OVER TIME. SO, BUT IF WE'RE BEING BUILT TODAY, NO, IT WOULD NOT. IT DOESN'T APPEAR LIKE THAT ROAD HAS EVER BEEN ACCEPTED IN OUR SYSTEM. SO IF IT WERE TO BE ACCEPTED IN OUR SYSTEM NOW, IT WOULD HAVE TO MEET TODAY'S STANDARDS. AND WHAT DOES THAT MEAN FOR DEVELOPMENT FURTHER DOWN WERN ROAD? I WAS ASKING ROB, I DON'T KNOW. SO THEY WOULD HAVE TO CLARIFY THE OWNERSHIP OF IT. BUT NOT ONLY OWNERSHIP. I MEAN, THE STANDARD OF THE ROAD ITSELF. I MEAN, IF OUR FIRE TRUCK HAD TROUBLE GETTING DOWN WERN. CORRECT. WHAT WOULD WE HAVE THE DEVELOPER DO? IT WOULD HAVE TO BE. THEY WOULD HAVE TO DESIGN THE ROAD TO MEET THAT REQUIREMENT. SO FROM THAT AND YOU HAVE TO UNDERSTAND MR. SOMERVILLE'S PROPERTY AS WELL AS THE OTHER GENTLEMAN'S PROPERTY, IT GOES ACROSS THE ROAD. THERE THE ROAD IS. IT LOOKS LIKE, ON WHAT I WAS LOOKING AT ON THERE, IT LOOKS LIKE UNLESS THERE'S SOME EASEMENT, BUT AN EASEMENT DOES NOT CONSTITUTE A RIGHT OF WAY. NO. BUT THEIR PROPERTIES INCLUDE WERN. THAT'S CORRECT. YES. WERN IS NOT A CITY STREET. AND SO I GUESS TO TRY TO MOVE THIS DOWN THE ROAD HERE, I'D ALSO LIKE TO PUT IN MY MOTION AND RECOMMENDATION, PUT IN COUNCILMAN BOUVIER'S MOTION THAT THE CITY ENGINEER AND THE FIRE MARSHAL MAKE SURE THAT WHATEVER IMPROVEMENTS NEED TO BE DONE TO WARN, WERN. WERN. WERN. BE DONE BY BY THE DEVELOPER TO SATISFY Y'ALL. CAN I ASK. I HAVE A QUESTION? WELL, LET'S FIRST OF ALL, LET'S CLEAR THIS UP. YOU HAVE A SECOND RECOMMENDATION OR CONDITION THERE, AND THAT'S ACCEPTABLE TO YOU, MIKE? YES, VERY ACCEPTABLE. BUT WERN. SO YOU'RE NOT LOOKING AT THE FACT THAT SECTIONS OF WERN ARE UNDER PRIVATE OWNERSHIP, BECAUSE ALL OF THE PROPERTIES ON WERN GO ACROSS. SO THERE'S MORE TO THAT THAN MEETS THE EYE. THAT'S WHY I ASKED THE QUESTION ABOUT WHETHER THIS WAS A CIVIL MATTER. THAT'S NOT OUR PROBLEM, IS IT? YEAH. I BELIEVE IT IS A CIVIL MATTER. YEAH. BECAUSE YOU HAVE A LANDLOCKED PIECE PROPERTY OTHERWISE. I HAVE ANOTHER QUESTION THOUGH FOR THE DEVELOPER OR BRAX. DID YOU ALL, DID YOU ALL TRY THE OTHER ENTRANCE, THE GENTLEMAN WAS. [01:05:01] THERE IS NO OTHER ENTRANCE. THERE IS A PLATTED EASEMENT ACCESS FROM 103RD, RIGHT? NO. 105TH ENDS, BROOME ROAD, ENDS AT WERN. AND 105TH IS A RIGHT OF WAY THAT GOES BETWEEN OURS, THE TEN ACRES AND THE 20 ACRES. 20 ACRES WE HAVE ABSOLUTELY NOTHING TO DO WITH. THAT'S NOT OUR PROPERTY. WE DON'T WANT ANYTHING TO DO WITH THAT WHATSOEVER. WE'RE ONLY TALKING ABOUT OUR TEN ACRES AND THE 40 FOOT EASEMENT, THE RIGHT OF WAY IS IN OUR TITLE COMMITMENT. AND I HAVE THE DOCUMENTATION FROM 1956 WHEN IT WAS SIGNED. SO WE'VE DONE OUR HOMEWORK ON HOW WE CAN GET INTO THE PROPERTY. OTHERWISE, THE PROPERTY IS LANDLOCKED. OKAY. I HAVE A QUESTION. VERY GOOD. WELCOME TO WEST GALVESTON ISLAND. YEAH. I HAVE A QUESTION. AND THAT'S WHY I WAS VERY CONFUSED ON OWNERSHIP. BUT SHE JUST SHARED SOME INFORMATION BECAUSE THE ROAD THAT WAS PLOWED OR WHATEVER, THAT LOOKS LIKE A ROCK ROAD BETWEEN, THAT'S THE ONE THAT'S 40 FEET AND THAT BELONGS TO THE PERSON WITH THE TEN ACRES OF LAND. THAT 40 FOOT EASEMENT IS AN EASEMENT THAT IS OWNED, THAT WAS OWNED BY THE COUNTY THAT WENT OVER TO THE CITY. AND WHEN WE DID OUR PRE DEVELOPMENT MEETING, WE TALKED ABOUT THAT. THIS IS OUR ACCESS INTO THE PROPERTY. THIS IS OWNED BY YOU GUYS. WE'RE GOING TO BE ABLE TO DEVELOP THIS INTO OUR PROPERTY. AND WE WERE TOLD, YES, WE HAD NO ISSUES WHATSOEVER IN OUR PRE DEVELOPMENT MEETING WHEN WE DISCUSSED THIS PROJECT WITH THEM. SO, NOW I HAVE ANOTHER QUESTION. IF IT'S CAN WE TURN, JUST ONE SECOND, SHARON? CAN WE MAKE THAT LOUDER? IS THERE A WAY OF INCREASING THE VOLUME HERE? OKAY, SHARON, WE'RE HAVING A HARD TIME HEARING YOU. I NEED A CLARIFICATION ON THE OWNERSHIP OF THE ROAD. AND THAT'S WHAT I SAID EARLY ON. BUT I THINK SHE JUST SPOKE OF THAT AS HAVING OWNERSHIP. AM I CORRECT? IT IS A CITY OF GALVESTON RIGHT OF WAY. IT'S THE CITY OF GALVESTON AND IT'S ON YOUR. BELIEVE IT'S RIGHT AWAY. I THINK IT'S AN EASEMENT. THERE'S REALLY NO DIFFERENCE, RIGHT AWAY IN AN EASEMENT THAT'S CORRECT. SO THIS GENTLEMAN THAT CAME UP EARLIER, WHAT WAS HE DECLARING OWNERSHIP OF? WHAT WAS THE QUESTION? RESTATE THAT QUESTION, SHARON. THE GENTLEMAN WHO CAME UP EARLIER DECLARED THAT HE, HIS FAMILY OR SOMEONE OWNED THE ROAD. IS THAT THE SAME ROAD? I CANNOT HEAR THIS. DID SOMEONE PICK UP. IF I MAY TRANSLATE. SHE'S ASKING, DID MR. SOMERVILLE NOT SAY THAT ROAD WAS ON HIS PROPERTY? IT IS A 40 FOOT RIGHT OF AWAY OUT OF HIS PROPERTY THAT WAS GIVEN TO THE COUNTY. AND WHEN THE COUNTY, THEN IT WENT OVER TO THE CITY, WHEN THE COUNTY, WHEN THE CITY BROUGHT THAT ANNEX, THAT PORTION IN. AND THIS IS TYPICALLY DONE BECAUSE OTHERWISE THAT WOULD BE LANDLOCKED? CORRECT. YEAH. THERE IS A DISCREPANCY ON THE CAD SITE THOUGH. ON THAT [INAUDIBLE] I DID TALK TO THE CITY ABOUT THAT. IF WE WERE OK DOING THAT SINCE IT WAS AN ACTUAL RIGHT OF WAY INTO THE PROPERTY. OKAY. IT HAS TO BE PERMITTED, THOUGH. ALL RIGHT. WE HAVE A MOTION ON THE TABLE FOR APPROVAL OF ITEM 8.C. WE HAVE TWO CONDITIONS, I THINK, THAT HAVE BEEN APPLIED AND BEEN ACCEPTED BY COUNCILMAN BOUVIER. ANY FURTHER DISCUSSION? ALL THOSE IN FAVOR. UH, LET'S SEE. ONE, TWO, THREE, FOUR. ALL THOSE OPPOSED. SHARON, I CAN'T SEE HOW YOU'RE VOTING. I DID NOT VOTE. OKAY. SHE'S ABSTAINING. IT DOES PASS. THANK YOU VERY MUCH. WELL, ALL RIGHT. WE NOW ARE GOING BACK TO OUR PROCLAMATIONS. THE MILBURN FAMILY IS HERE AND WE'RE GLAD TO HAVE YOU HERE. ARE THEY HERE. OH, THEY LEFT AGAIN? THE MILBURN FAMILY HAS MORE SENSE THAN I THOUGHT YOU DID. [01:10:04] [LAUGHTER] PROCLAMATION. ARE WE READY? OKAY, EVERYONE. IS THIS ON? IT IS. IN HONOR OF CLARY MILBORN, WHEREAS THE MILBORN FAMILY ARE PLANNING A SPECIAL CELEBRATION IN HONOR OF THEIR FATHER, CLARY MILBORN, A WELL-ESTABLISHED BUSINESS AND COMMUNITY LEADER. AND, WHEREAS, CLARY WAS BORN ON OCTOBER 10TH, 1940 IN OPELOUSAS, LOUISIANA, WHERE HIS FAMILY FARMED, HE MOVED TO GALVESTON WHEN HE WAS ABOUT 18 YEARS OLD. AND, WHEREAS, CLARY, A LOUISIANA SHARECROPPER'S SON WHO ROSE FROM WAITING TABLES AT ONE OF THE ISLAND'S MOST VENERABLE RESTAURANTS TO LAUNCHING ONE OF HIS OWN, CLARY'S SEAFOOD RESTAURANT, WHICH I LOVED. AND, WHEREAS CLARY HAS SERVED THIS COMMUNITY IN VARIOUS CAPACITIES, SERVING ON THE BOARD OF TEXAS FIRST BANK, BANK OF GALVESTON, CHAMPION OF CHILDREN, UTMB, AND AS A COMMITTEE MEMBER AT THE HOUSTON LIVESTOCK SHOW AND RODEO PARADE. THEREFORE, WE, THE MAYOR AND CITY COUNCIL OF THE CITY OF GALVESTON, TEXAS, DO HEREBY PROCLAIM OCTOBER 11TH, 2022, AS CLARY MILBORN DAY IN THE CITY OF GALVESTON. IN HONORING THE LEGACY OF THE RESTAURANTEUR CLARY AND HIS WIFE DORIS MILBORN, AS OWNERS OF CLARY'S RESTAURANT FOR 38 YEARS, AND TESTIMONY WHEREAS WITNESSED BY THE HAND AND THE SEAL OF THE CITY OF GALVESTON, THIS THE 11TH DAY OF OCTOBER 2022, CRAIG BROWN, MAYOR, AND JANELLE WILLIAMS, CITY SECRETARY. [APPLAUSE] DID ANYONE LIKE TO MAKE A COMMENT? WOULD ANYBODY LIKE TO SAY SOMETHING? HE WAS A COOK AT CLARY'S. FINE. HOW Y'ALL DOING? WE'RE FINE, SIR. I WOULD LIKE TO THANK YOU ALL VERY MUCH FOR APPROVING MY FATHER'S DAY OF LEGACY THAT HE LEFT WITH US. SO I THANK YOU ALL VERY MUCH. YOU'RE WELCOME, SIR. I WANT TO SAY SOMETHING. I DIDN'T HAVE THE PLEASURE AND HONOR OF KNOWING YOUR DAD, BUT I KNOW AND HAVE GOT TO BE FRIENDS WITH OTHER MEMBERS OF THE FAMILY. AND I WANT TO SAY, IF YOUR DAD WAS ANYWHERE NEAR WHAT SOME OF THE MEMBERS OF THE FAMILY, HOW NICE YOU ARE. WE WERE SO HONORED TO HAVE HIM IN GALVESTON HERE. THANK YOU. MAY I MAKE ONE ONE QUICK COMMENT. I HAVE ONE WORD TO SAY, GUMBO. [LAUGHTER] ABOUT IT, THEY WOULD HAVE BEEN HERE. RUTH AND MARSHALL. MY NEXT DOOR NEIGHBORS. AND THEY WERE LIKE FAMILY, YOU GUYS. SO IF I'D HAD KNOWN WE WERE DOING THIS, I WOULD HAVE INVITED THEM. WE HAVE SHARON, WANT TO SAY SOMETHING? I WANTED TO SAY CONGRATULATIONS TO THE MILBURN FAMILY. EVERY TIME WITHIN THE COMMUNITY I LIVED IN, WHEN FAMILY WOULD COME FROM ALL OVER, CLARY'S WAS THE PLACE TO GO SIT DOWN AND ENJOY A MEAL OUT OF THIS WORLD. SO WHAT A LEGACY. CONGRATULATIONS TO YOU AND THE FAMILY. THANK YOU. [APPLAUSE] [01:15:22] PRESENTATION] MIC] THANK YOU VERY MUCH. ALL RIGHT. WE'RE GOING BACK TO OUR ITEMS THAT REQUIRE PUBLIC HEARING. NELLIE, ITEM 8.D, PLEASE, MA'AM. [8.D Galveston Landmark - 3727 Bernardo De Galvez / Avenue P Consider For Approval An Ordinance Of The City Of Galveston, Texas, Designating The Property Located At 3727 Bernardo De Galvez / Avenue P, As A “Galveston Landmark”, Property Is Legally Described As M. B. Menard Survey, Lot 1, Northeast Block 85 Galveston Outlots, In The City And County Of Galveston, Texas; Requesting The Historic Preservation Officer Record The Property's Landmark Designation In The Official Public Records Of Real Property In Galveston County, The Tax Records Of The City Of Galveston And The Central Appraisal District, And The Official Zoning Maps Of The City Of Galveston, Texas; Designating The Site As A Historically Or Archeological Significant Site In Need Of Tax Relief To Encourage Its Preservation; Planning] ITEM 8.D. CONSIDER FOR APPROVAL AN ORDINANCE OF THE CITY OF GALVESTON, TEXAS, DESIGNATING THE PROPERTY LOCATED AT 3727 BERNARDO DE GALVEZ/AVENUE P AS A GALVESTON LANDMARK PROPERTY IS LEGALLY DESCRIBED AS M.B. MENARD SURVEY, LOT 1, NORTHEAST BLOCK 85 GALVESTON OUTLETS IN THE CITY AND COUNTY OF GALVESTON, TEXAS; REQUESTING THE HISTORIC PRESERVATION OFFICER RECORD THE PROPERTY'S LANDMARK DESIGNATION IN THE OFFICIAL PUBLIC RECORDS A REAL PROPERTY IN GALVESTON COUNTY, THE TAX RECORDS OF THE CITY OF GALVESTON AND THE CENTRAL APPRAISAL DISTRICT AND THE OFFICIAL ZONING MAPS OF THE CITY OF GALVESTON, TEXAS; DESIGNATING THE SITE AS A HISTORICALLY OR ARCHEOLOGICAL SIGNIFICANT SITE IN NEED OF TAX RELIEF TO ENCOURAGE ITS PRESERVATION; PLANNING CASE NUMBER 22P-066, MAKING VARIOUS FINDINGS AND PROVISIONS RELATED TO THE SUBJECT. THANK YOU VERY MUCH, NELLIE. DANIEL. THANK YOU. THE STUBBS-GARRIGAN HOUSE IS A CRAFTSMAN STYLE BUNGALOW BUILT IN 1922 AT A TIME WHEN CRAFTSMAN STYLE HOMES WERE QUITE POPULAR. THE HOUSE WAS BUILT BY LOCAL BUILDER CHARLES FRANKS FOR SIDNEY AND THELMA STUBBS, WHO WERE LOCAL BUSINESS OWNERS. LATER IS OWNED BY OWEN AND CORA GARRIGAN, WHO OWNED GARRIGAN SPORTING GOODS HERE IN GALVESTON. THE HOUSE IS AN EXCELLENT EXAMPLE OF CRAFTSMAN STYLE BUNGALOWS AND RETAINS A HIGH DEGREE OF ARCHITECTURAL INTEGRITY. ITS ADDITION TO THE GALVESTON LANDMARK PROGRAM WILL PROTECT THIS INTEGRITY IN THE FUTURE. AND WE HAVE, OF COURSE, A PHOTO OF THE HOUSE FOR YOUR REVIEW. AND THIS CONCLUDES STAFF REPORT. VERY GOOD. THANK YOU, DANIEL. APPRECIATE THAT. IS THERE ANY QUESTIONS FOR DANIEL'S TAFF? I MOVED TO APPROVE. SECOND. ALL RIGHT. WE HAVE A MOTION FOR APPROVAL AND A SECOND ON THAT. YES, MA'AM. YEAH. OH, THAT'S CORRECT. MOVING THIS ALONG A LITTLE TOO QUICKLY. IT IS 6:18 P.M., AND I'M GOING TO OPEN THE PUBLIC HEARING. [LAUGHTER] 6:18 P.M. I'M GOING TO OPEN THE PUBLIC HEARING ON ITEM 8.D. IS THERE ANYONE IN THE AUDIENCE LIKE TO MAKE A COMMENT ON THIS? I JUST HOPE YOU APPROVE IT. COME FORWARD. BEAUTIFUL HOME. COME FORWARD. I'M A CAREGIVER FOR THAT HOUSE. AND I BOUGHT IT FIVE AND A HALF YEARS AGO. AND OWNING IT HAS BEEN A JUST A REAL, REAL PLEASURE AND JOY. SO IN DOING THE HISTORY, WORKING WITH THE FOUNDATION, I LEARNED A LOT OF INTERESTING FACTS ABOUT THE PEOPLE WHO LIVED THERE IN THE PAST HUNDRED YEARS, AND MANY OF THEM HAVE MADE SIGNIFICANT CONTRIBUTIONS TO THIS CITY. SO I'M DELIGHTED THAT WE'RE GOING TO PRESERVE THIS HOUSE. WONDERFUL. AND CONGRATULATIONS ON THE OWNERSHIP. YEAH. BEAUTIFUL. VERY GOOD. ANY OTHER COMMENTS? [LAUGHTER] OH, YOU BROUGHT YOUR OWN MEDIA GROUP HERE. IT IS 6:19. I'M GOING TO CLOSE THE PUBLIC HEARING ON THIS ITEM 8.D. I MOVE TO APPROVE AGAIN. SECOND. WE HAVE COUNCILWOMAN ROBB FOR APPROVAL. AND SECOND BY COUNCILMAN SCHUSTER. ALL THOSE IN FAVOR, PLEASE RAISE YOUR HAND. AND I CAN'T SEE. SHE HAS HER HAND UP. YES, THAT IS UNANIMOUS. [01:20:02] THANK YOU VERY MUCH. WE ARE NOW IN ITEM 9. [9. PUBLIC COMMENT] PUBLIC COMMENT TIME AND WE ARE ACCEPTING PUBLIC COMMENTS. FOR THOSE THAT WOULD LIKE TO MAKE A PUBLIC COMMENT ON AGENDA ITEMS OR NON AGENDA ITEMS, WE LIMIT THOSE COMMENTS TO 3 MINUTES AND OTHER AND UNFORTUNATELY WE CANNOT RESPOND TO THE COMMENTS DUE TO THE OPEN MEETINGS ACT. SO, THEREFORE I'M GOING TO CALL, FIRST OF ALL JUNE PULLIAM. JUNE, COME ON FORWARD. THANK YOU. GOOD AFTERNOON. EVENING. SO I'M JUNE COLLINS PULLIAM AND I'M HERE AS CHAIR OF THE CITY OF GALVESTON FAMILY CHILDREN YOUTH BOARD. I'D LIKE TO SPEAK ABOUT AGENDA ITEM 11.G REGARDING THE BORN LEARNING TRAILS PROPOSAL. SO I'D LIKE TO START BY BRIEFLY MAKING SURE EVERYONE KNOWS WHAT THE BORN LEARNING TRAILS ARE. YOU'LL ALSO PERHAPS RECALL MY MENTIONING THEM AS PART OF THE ANNUAL REPORT FROM THE FAMILIES CHILDREN AND YOUTH BOARD THIS PAST JULY THAT I PRESENTED TO YOU. ESSENTIALLY, THE BORN LEARNING TRAIL HAS A SERIES OF TEN INTERACTIVE SIGNS THAT OFFER FUN, ACTIVE LEARNING OPPORTUNITIES FOR YOUNG CHILDREN AND THEIR FAMILIES. AS PARENTS AND CAREGIVERS ARE TAKING THEIR CHILDREN FOR A STROLL OR TO THE LOCAL PLAYGROUND, THE BORN LEARNING PATH HELPS THEM TO ENGAGE WITH THEIR CHILDREN AND ACTIVITIES LIKE HOPPING AND JUMPING AND STRETCHING AND WIGGLING ACROSS THE HOPSCOTCH BOARD, OR JUST DESCRIBING AND COMPARING SHAPES AND OTHER THINGS THAT HAVE ALL BEEN PROVEN TO SUPPORT EARLY LEARNING FOR CHILDREN. THIS RESOURCE WAS BROUGHT TO OUR ATTENTION AND BECAME A PRIORITY FOR US IN THE FAMILY CHILDREN AND YOUTH BOARD BASED ON STATISTICS AND RESEARCH BY DR. CYNTHIA ROBERTS GRAY THROUGH OUR EDUCATION TASK FORCE, WHICH IS LED BY SUE JOHNSON. THEY THOROUGHLY RESEARCHED NOT ONLY THE BORN LEARNING TRAILS THEMSELVES, BUT ALSO THE DATA THAT INDICATES THE GREAT NEED WE HAVE FOR THIS IN GALVESTON AT THIS TIME. I KNOW THAT YOU ARE ALL AWARE OF THE FACT THAT BRAIN DEVELOPMENT IS CRUCIAL TO EARLY LEARNING IN CHILDREN AND HAS LIFELONG IMPACT NOT ONLY ON EDUCATIONAL OPPORTUNITIES AND OUTCOMES, BUT ON ONE'S ENTIRE LIFE. AND THE NEED HERE IN GALVESTON, UNFORTUNATELY, IS TREMENDOUS. MOST RECENT DATA SHOWS THAT 75% OF GALVESTON'S THREE YEAR OLDS LACK THE BASIC SKILLS NEEDED, AND ONLY 13% ARE AT THE TOP OF THE CHART. AT BEST BY ETHNIC BREAKDOWN, ONLY 35% OF GALVESTON'S WHITE OR HISPANIC CHILDREN ARE KINDERGARTEN READY, AND AT WORST, ONLY 10% OF GALVESTON'S BLACK CHILDREN ARE KINDERGARTEN READY. SO, OUR EDUCATION TASK FORCE AND THE ENTIRE FAMILIES CHILDREN AND YOUTH BOARD IS COMMITTED TO RAISE AWARENESS OF THE ISSUES AND AVAILABLE RESOURCES RELATED TO EDUCATION AND EARLY BRAIN DEVELOPMENT, SEEKING TO IMPROVE EDUCATIONAL OUTCOMES FOR ALL THE CHILDREN OF GALVESTON. SO IN RECENT MONTHS, WE HAVE COLLABORATED WITH BETTER PARKS FOR GALVESTON, THE UNITED WAY AND THE GALVESTON ROTARY FOUNDATION IN GETTING SUPPORT FOR INSTALLING A BORN LEARNING TRAIL AT ADOUE PARK AT 12TH AND BALL. WE WANT COUNCIL TO KNOW THAT THE FAMILIES CHILDREN AND YOUTH BOARD VOTED UNANIMOUSLY TO RECOMMEND APPROVAL OF ITEM 11.G. AND LAST, I'D LIKE TO SAY THAT HOPING FOR YOUR APPROVAL, WE WANT TO INVITE EACH OF YOU TO COME JOIN THE COMMUNITY SPONSORS AND VOLUNTEERS INSTALLING THIS TRAIL FOR GALVESTON'S YOUNGEST CITIZENS AT ADOUE. I WILL GET BACK WITH YOU WITH AN EXACT DATE AND TIME IN THE FUTURE. THANK YOU. THANK YOU. APPRECIATE IT. YEAH. GREAT PROJECT AND COLLABORATION AS MS. PULLIAM MENTIONED IS A WONDERFUL COLLABORATION OF A NUMBER OF ENTITIES. YES. WILLIAM. I JUST WANT TO ECHO THAT MAYOR AND THANK YOU, JUNE. THANK YOU, CINDY. AND I KNOW SUE WAS HERE EARLIER. THERE'S SOME REALLY COOL THINGS COMING FROM THIS BOARD. JUNE'S DONE A GREAT JOB. WE'VE GOT A GOOD GROUP OF VOLUNTEERS, AND I'M ACTUALLY REALLY IMPRESSED WITH THE TASK FORCE, SOME OF THE IDEAS THAT ARE BEING THROWN AROUND, AND THIS ONE WAS A LONG TIME COMING. SO THANK YOU, CINDY, FOR THIS AND I THINK IT'S GOING TO BE GREAT. SO GOOD JOB. GOOD JOB. THANK YOU. ALL RIGHT. LET'S SEE. WE HAD ONE INPUT WRITTEN COMMENT. JANELLE. WE HAVE A COMMENT FROM JOSHUA VAUGHN RELATED TO CITIZENS FEEDING FERAL CATS. AUGUST 10TH, 2022, AGROUP OF FERAL CATS ATTACKED MYSELF, MY DOG AND MY MOTHER. THE INCIDENT RESULTED IN SHATTERING MY KNEE. THE PEOPLE THAT CONSTANTLY FEED THE CATS AND KEEP THEM THERE ARE BREAKING SECTION 7-46, CONGREGATIONS OF UNCONFINED AND UNLICENSED STRAY CATS AND [01:25:02] DOGS. THEY HAVE ALSO BEEN UTILIZING INTIMIDATION ANY TIME WE ATTEMPT TO CLEAN UP THE FOOD AND LITTER THEY LEAVE BEHIND IN AN EFFORT TO BOTH STOP THE CATS AND KEEP THE AREA CLEAN. POLICE HAVE BEEN ZERO HELP AND DON'T ENFORCE. THANK YOU VERY MUCH. APPRECIATE THAT. ANY OTHER COMMENTS, JANELLE? ANYONE ELSE IN THE ROOM THAT WOULD LIKE TO MAKE A COMMENT? VERY GOOD. I'M GOING TO CLOSE THE PUBLIC HEARING TIME AT THIS POINT. IT'S 6:25 AND WE'RE GOING TO MOVE TO ORDINANCES NOT REQUIRING PUBLIC HEARINGS. [10.A. Consider For Approval An Ordinance Of The City Of Galveston, Texas, Amending Chapter 36, “Water, Sewers, And Sewage Disposal” Of “The Code Of The City Of Galveston 1982, As Amended” By Amending Section 36-146 “Tap Charges”, To Correct A Scrivener’s Error To Reflect The Amended Charges Authorized By Ordinance No. 21- 038; Providing For An Effective Date; Making Various Findings And Provisions Related To The Subject. (Legal)] 10.A PLEASE, NELLIE. 10.A. CONSIDER FOR APPROVAL AN ORDINANCE OF THE CITY OF GALVESTON, TEXAS, AMENDING CHAPTER 36, WATER, SEWERS AND SEWAGE DISPOSAL OF THE CODE OF THE CITY OF GALVESTON, 1982, AS AMENDED BY AMENDING SECTION 36-146 "TAP CHARGES" TO CORRECT A SCRIVENER'S ERROR TO REFLECT THE AMENDED CHARGES AUTHORIZED BY ORDINANCE NUMBER 21-038 PROVIDING FOR AN EFFECTIVE DATE, MAKING VARIOUS FINDINGS AND PROVISIONS RELATED TO THE SUBJECT. I LIKE THAT WORD SCRIVENER. IT'S THE WORD OF THE DAY. [LAUGHTER]. THANK YOU. OKAY. THANK YOU SO MUCH. ALL RIGHT. VERY GOOD. WE HAVE A MOTION. I'M GOING TO MAKE A MOTION FOR APPROVAL OF ITEM 10.A. HAVE A SECOND BY COUNCILWOMAN ROBB. ANY DISCUSSION? ALL THOSE IN FAVOR OF THE SCRIVENER MOTION. THERE WE ARE. IT IS UNANIMOUS. THANK YOU. WE'RE MOVED TO ITEM 11. [11. CONSENT ITEMS] IF WE COULD, PLEASE NELLIE. ITEM 11. CONSENT ITEMS. THE FOLLOWING ITEMS SHALL BE CONSIDERED FOR ACTION AS A WHOLE UNLESS ONE OR MORE COUNCIL MEMBERS OBJECTS. THE CITY MANAGER IS AUTHORIZED TO EXECUTE ALL NECESSARY DOCUMENTS UPON FINAL APPROVAL BY THE CITY ATTORNEY. CONSENT ITEMS 11.A-11.V ARE ON THE SCREEN. I MOVE TO APPROVE. WELL, FIRST OF ALL, LET ME ASK IF THERE'S ANY ITEMS THAT ANY OF THE COUNCIL MEMBERS WANT TO PULL OUT. WELL, I THINK [LAUGHTER]. WELL, I HATE TO SAY THIS, BUT COUNCILMAN COLLINS WHISPERED IN MY EAR A SECOND AGO, HE WANTS TO PULL 11.F OUT, BUT HE'S NOT HERE. BUT I'M GOING TO PULL 11.F OUT. SO WE'LL LOOK AT THAT INDIVIDUALLY. I'LL AMEND MY MOTION TO PULL 11.F OUT. ALL RIGHT. SO HAVE A MOTION FOR APPROVAL AND SECOND, FOR APPROVING ALL THE CONSENT ITEMS BUT FOR 11.F. ALL THOSE IN FAVOR, IT IS UNANIMOUS. [11.F. Consider For Approval The Adoption Of The Galveston Arts And Culture Plan, And The Acceptance Of An Implementation Plan, Created By The Lakota Group. (B. Sanderson)] ITEM 11.F. JANELLE, IF YOU COULD READ THAT, PLEASE. YEAH. 11.F. CONSIDER FOR APPROVAL THE ADOPTION OF THE GALVESTON ARTS AND CULTURE PLAN AND THE ACCEPTANCE OF AN IMPLEMENTATION PLAN CREATED BY THE LAKOTA GROUP 11. DAVID, I PULLED 11.F FOR YOU. THANK YOU. I'M SORRY. WE ARE NOW DISCUSSING 11.F I DIDN'T WANT TO DIDN'T NEED TO PULL THIS FROM THE AGENDA. I JUST WANTED TO COMMENT THAT FOR THOSE OF YOU WHO'VE RECEIVED THIS PLAN, RECEIVED THE IMPLEMENTATION PORTION OF IT RECENTLY. THIS IS A LOT OF HARD WORK HAS GONE INTO THIS. I REALLY WANT TO THANK ANTOINETTE LYNCH IS WITH US HERE TONIGHT TO WHO WHO DID YEOMAN'S WORK IN KEEPING THIS TASK FORCE ON TRACK AND GETTING THIS PROJECT, THIS PLAN DEVELOPED. WHAT WE'RE DOING TONIGHT IS WE'RE ACCEPTING THE PLAN. THIS KEEPS US ON TRACK TO GET AN NEA GRANT THAT IS ATTACHED TO THIS. AND THEN EARLY IN THE SPRING, WE'LL BE COMING BACK TO THE COUNCIL TO TALK ABOUT THE FUNDING, THE ACTUAL ORGANIZATION AND FORMATION OF THE GOVERNING BODY OF THIS. BUT I ESPECIALLY JUST WANT TO THANK ANTOINETTE FOR THE WORK SHE'S DONE ON BRINGING THIS FORWARD. THANK YOU. GOOD JOB. VERY GOOD. YOU WANT TO MAKE A MOTION? WANT TO MAKE A MOTION ON 11.F? [LAUGHTER] THAT'S WHAT BROTHERS DO. I WOULD MOVE TO APPROVE 11.F. SECOND. GO RIGHT AHEAD. SECONDED BY COUNCILMAN SCHUSTER. ANY DISCUSSION? ALL THOSE IN FAVOR? THAT IS UNANIMOUS. THANK YOU VERY MUCH. GOOD JOB. ALL RIGHT, LET'S MOVE TO OUR ACTION ITEMS, IF WE COULD. [12.A. Discuss And Consider Salary Adjustments For City Council Appointees - City Manager, City Attorney, City Auditor, City Secretary. (Brown)] 12.A PLEASE. ITEM 12.A. DISCUSS AND CONSIDER SALARY ADJUSTMENTS FOR CITY COUNCIL APPOINTEES: CITY MANAGER, CITY ATTORNEY, CITY AUDITOR AND THE CITY SECRETARY. YEAH. YEAH. [01:30:02] YES, WE ARE. WHAT I'D LIKE TO DO ON THIS PARTICULAR ITEM, WE'RE GOING TO GO THROUGH THESE INDIVIDUALLY AND I WOULD START BY, I WOULD LIKE TO MAKE A MOTION FOR, AND FOR THE FOR THE COMMUNITY'S SAKE. WE HAVE DONE OUR ANNUAL REVIEW ON THESE FOUR EMPLOYEES. CITY COUNCIL HAS FOUR EMPLOYEES THAT ANSWER DIRECTLY TO CITY COUNCIL AND NOT TO THE CITY MANAGER. THAT'S THE CITY MANAGER, ATTORNEY, CITY SECRETARY AND CITY AUDITOR. AND THEREFORE WE HAVE DONE A REVIEW, AN ANNUAL REVIEW. WE'VE COMPARED THEIR CURRENT SALARIES TO THE COMPENSATION STUDY THAT WE HAVE DONE HERE IN THE CITY, AND THAT COMPENSATION STUDY IS DONE FOR ALL EMPLOYEES, AND IT DESIGNATES THE MINIMUM, MID AND MAXIMUM RANGE FOR EACH POSITION. AND OUR GOAL HERE AT CITY COUNCIL IS TO TRY TO MOVE EVERYONE TO THE MID RANGE TO STAY COMPETITIVE WITH THE MARKET. OUR FIRST INDIVIDUAL WAS CITY MANAGER BRIAN MAXWELL. I'M GOING TO MAKE A MOTION FOR THE APPROVAL OF MOVING MR. MAXWELL TO THE MID RANGE OF $300,647.38. I WOULD SECOND THAT. WE HAVE A SECOND BY DAVID COLLINS. IS THERE DISCUSSION, COUNCIL? ALL THOSE IN FAVOR. ALL THOSE OPPOSED. SHARON. WAS IN FAVOR. WAS BLOWING MY NOSE. IN FAVOR. OKAY, SO WE HAD SIX IN FAVOR AND ONE OPPOSED. THANK YOU. THAT DOES PASS. CITY ATTORNEY, THAT IS DON GLYWASKY. I'M GOING TO MOVE THAT WE MOVE HIS SALARY TO THE MID RANGE, WHICH IS $204,880. IS THERE A SECOND? I WOULD LIKEWISE SECOND THIS MOTION. ALL RIGHT, WE HAVE A SECOND. COUNCILMAN COLLINS, ANY DISCUSSION? ALL THOSE IN FAVOR. THAT IS. ALL THOSE SUPPOSED. SO WE HAD SIX IN FAVOR AND ONE OPPOSED. THAT DOES PASS. CITY SECRETARY, WE ARE GOING TO MAKE A, I'D LIKE TO MAKE A MOTION TO MOVE THE CITY SECRETARY'S SALARY TO $135,702. IS THERE A SECOND? I SECOND THAT. IS THERE A DISCUSSION? ALL THOSE IN FAVOR. THAT IS UNANIMOUS. AND THE CITY AUDITOR. I'M GOING TO MAKE A MOTION TO MOVE THE CITY AUDITOR'S SALARY TO $162,844. I WOULD SECOND. WE HAVE A SECOND BY COUNCILMAN COLLINS. ANY DISCUSSION ON THAT? ALL THOSE IN FAVOR? THAT IS UNANIMOUS. THANK YOU VERY MUCH, COUNCIL. I JUST WANT TO MAKE A COMMENT. I WAS NOT OPPOSED TO GIVING RAISES TO BOTH THE CITY MANAGER AND THE CITY ATTORNEY. I JUST DID NOT AGREE WITH THE NUMBER. ALL RIGHT. THANK YOU. LET'S MOVE TO ITEM 12.B, IF WE COULD, PLEASE. [12.B. Discuss And Consider Appointments To H-GAC's 2023 General Assembly And Board Of Directors. (Brown)] NELLIE. ITEM 12.B. DISCUSS AND CONSIDER APPOINTMENTS TO THE H-GAC'S 2023 GENERAL ASSEMBLY AND BOARD OF DIRECTORS. CURRENTLY COUNCIL, I'M SERVING AS THE MEMBER OF THE BOARD OF DIRECTORS OF H-GAC. I'VE BEEN ATTENDING ALL OF THEIR MEETINGS. AND IF COUNCIL FELT THAT THEY WOULD WANT TO SUPPORT MY CONTINUAL PARTICIPATION WITH THAT BOARD, I WOULD APPRECIATE IT. I WOULD NOMINATE MAYOR BROWN TO CONTINUE AS THE CITY'S REPRESENTATIVE TO THE GENERAL ASSEMBLY AND BOARD OF DIRECTORS OF THE HOUSTON GALVESTON AREA COUNCIL. I'LL SECOND. [LAUGHTER] NOBODY WANTS TO DO THAT. THANK YOU VERY MUCH. ALL THOSE IN FAVOR? THAT IS UNANIMOUS ON THAT. JANELLE, I NEED TO GET A POINT OF CLARIFICATION. DOES THIS INCLUDE THE ALTERNATE ALSO FOR THAT? WE'LL NEED AN ALTERNATE FOR THAT? YES, SIR. COUNCILMAN COLLINS HAS BEEN SERVING IN THAT POSITION. [01:35:03] WHEN I CAN'T ATTEND, HE'S ALWAYS BEEN VERY OPEN TO ATTEND IN MY PLACE. AND I WOULD NOMINATE COUNCILMAN COLLINS FOR THAT POSITION. I'LL SECOND THAT. GO FIRST. GO, GO. SHARON, THAT SOUNDS GOOD. ANY DISCUSSIONS ON THAT? ALL THOSE IN FAVOR. . MARIE. MIKE IS ALWAYS ON. WELL, WE JUST. WE JUST. WE JUST. NO, WE JUST APPOINTED ME ALTERNATE TO H-GAC BOARD. H-GAC. CONGRATULATIONS. CONGRATULATIONS. YEAH. OH. ALL RIGHT. AND VERY GOOD. NOW WE'RE MOVING TO ITEM 12.C. [12.C. Discuss And Consider Appointments To The Following City Boards, Commissions, And Committees:] PLEASE, MA'AM. ITEM 12.C. DISCUSS AND CONSIDER APPOINTMENTS TO THE FOLLOWING CITY BOARDS, COMMISSIONS AND COMMITTEES. GALVESTON ISLAND REDEVELOPMENT AUTHORITY, GALVESTON HOUSING FINANCE CORPORATION, GALVESTON PROPERTY FINANCE AUTHORITY, AND THE EX OFFICIO POSITION. THIS IS A GROUP THAT HAS NOT HAD A LIAISON, AND THEY ARE BECOMING MORE ACTIVE. COUNCILWOMAN LEWIS HAS GENERATED INTEREST IN THIS, HAS FOR A LONG TIME HAS BEEN TALKING WITH ME ABOUT BEING THE LIAISON FOR THE RDA AND I WOULD NOMINATE HER FOR THAT POSITION. I'LL SECOND THAT. ALL RIGHT. ANY DISCUSSION? NO, JUST VOTING IN FAVOR. ALL THOSE IN FAVOR? THAT IS UNANIMOUS. THANK YOU VERY MUCH. WE ARE NOW. COULD YOU PLEASE READ THE RECEIVE AND FILE, NELLIE. [13. RECEIVE AND FILE (Non-Action Items)] ITEM 13.A. GALVESTON COUNTY EMERGENCY COMMUNICATIONS DISTRICT FISCAL YEAR 2023 BUDGET. AND DO YOU WANT TO GO AHEAD AND READ 13.B? YES, MA'AM. AND 13.B. LETTERS FROM SENATOR JOHN CORNYN AND DIWALI AND VETERAN'S DAY. THOSE ARE RECEIVE AND FILE. COUNCIL, I WANT TO WANT TO THANK YOU FOR YOUR PATIENCE AND YOUR FORTITUDE THROUGHOUT THE DAY. WE'VE HAD A LOT OF INTERESTING SUBJECTS AND WE HAVE GONE THROUGH OUR AGENDA AND WE ARE AT 6:37. WE ARE ADJOURNED. THANK YOU. * This transcript was compiled from uncorrected Closed Captioning.