Julie Masters, Mayor Charles Suderman Bruce Henderson Walter Wilson MINUTES City of Dickinson CITY COUNCIL REGULAR MEETING Wally Deats, Mayor Pro Tem Louis Decker William H. King III Chris Heard, City Administrator July 24, 2018 NOTICE is hereby given of a REGULAR MEETING of the City Council for the City of Dickinson, County of Galveston, State of Texas, to be held on Tuesday, July 24, 2018, at 7: 00 p. m. at: 4403 Highway 3, Dickinson, Texas 77539 for the purpose of considering the following numbered items. The City Council of the City of Dickinson, Texas, reserves the right to meet in a closed session on any of the below items should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code. ITEM 1.) CALL TO ORDER Mayor Masters called the meeting to order at 7: 05 p. m. ITEM 2.) INVOCATION Pastor Johnnie Simpson, Jr. from Faith United Methodist Church gave the invocation. ITEM 3.) PLEDGE OF ALLEGIANCE Council Member Suderman led the Pledge of Allegiance. ITEM 4.) ROLL CALL City Secretary Alun Thomas called roll and certified a quorum. Council Members present were as follows: Mayor Julie Masters, Mayor Pro -Tem Wally Deats, and Council Members Charles Suderman, Bruce Henderson, Walter Wilson, Louis Decker, and William H. King, III. Also present were City Administrator Chris Heard, Assistant City Administrator/ Chief Financial Officer Stephanie Russell, City Attorney David Olson, Director of Community Development Zachary Meadows, Director of Public Works Bryan Milward, Police Chief Ron Morales, and Court Administrator Irma Rivera. ITEM 5.) PROCLAMATIONS AND ANNOUNCEMENTS: A. Proclamations. None. July 24, 2018 Regular Council Meeting Minutes Page 1 of 9
B. Announcements. a. Council Comments. Welcome and thank you to all for attending the meeting. Bayou Animal Services will be breaking ground on it new shelter on Friday at 11: 00 a. m. Everyone is invited to attend. The next Knights of Columbus fish fry will be held on August 3, 2018 from 5: 00-7: 30 p. m. at the Knights of Columbus hall. The City of Dickinson hosts a free tire recycling event on the first Friday of each month. Texas Department of Transportation is still working on installing the new traffic light at the intersection of FM 517 West and Rau Drive. The light will be controlled by radar, not pressure sensors. The City needs to be vigilant about the impact to our floodplain of building houses higher by use of fill rather than stilts. Council Member Deats is looking forward to a workshop meeting about next year' s City budget, wherein the City can discuss ways to increase its public works efforts and ensure that it has sufficient funding available to meet required matches for Hurricane Harvey recovery grants. The most recently scheduled Dickinson Bayou Watershed Partnership meeting was unable to be held due to lack of a quorum. The Partnership often has its meetings cancelled for this reason, and the City would like that to change. Thank you to Chief Morales and Mayor Masters for their support of Greater New Hope Missionary Baptist Church' s recent hosting of the American Baptist Convention of Texas. Thank you to Pastor Johnnie Simpson, Jr. and to Faith United Methodist Church for helping local children through the provision of food and backpacks for school. Welcome back to M. I. Lewis Social Service Center. Tickets are now available for its gala that is to be held on August 4. There will be a backpack giveaway at Dunbar Middle School on August 11. Donations are needed for the event. Congratulations to Council Member King on his 15th wedding anniversary. b. Update on Activities of the Houston - Galveston Area Council Council Member King). Council Member King thanked Assistant City Administrator/ Chief Financial Officer Stephanie Russell for attending the Houston - Galveston Area Council ( HGAC) meeting. During the meeting, the HGAC board agreed upon the Method of Distribution for Hurricane Harvey recovery funds. Council Member King reiterated how important it is for the City of Dickinson to have its recovery projects ready to go. July 24, 2018 Regular Council Meeting Minutes Page 2 of 9
c. Update on Activities of the Dickinson Bayou Watershed Partnership ( Council Member Decker). As noted during Council Comments, the most recently scheduled Dickinson Bayou Watershed Partnership meeting was unable to be held due to lack of a quorum. The next meeting is scheduled for August 20, 2018. Stan Duitscher gave Council a brief overview of his plan for a system of levees in the area, extending West past Highway 35, to mitigate future flooding. Mr. Duitscher believes that levees, coupled with tidal gates across Dickinson Bayou, are a better option than the diversionary canals that he had previously proposed. His plan includes 15 square miles of water detention at the oil fields just South of Dickinson. He believes that the land could be acquired for $ 45, 000/ acre, and that the necessary excavation of soil from the area would cost $ 12 per cubic yard. Gerhard Meinecke, 7800 Benson Road, Texas City, Texas Mr. Meinecke recently presented his ideas for flood mitigation to State of Texas, and learned that the proposed dredging of Dickinson Bayou is now being considered by the Federal Emergency Management Agency. Mr. Meinecke would like the City of Dickinson to pass a resolution in support of the proposed dredging, and reiterated his previous concerns that data collection regarding flood mitigation options is not the same as taking action to mitigate flooding. d. Update on Activities of the Dickinson Economic Development Corporation ( Director of Economic Development Angela Forbes). Director of Economic Development Angela Forbes was not present at the meeting, so the presentation was made by Dickinson Economic Development Corporation ( DEDC) board members Libby Moreno and Chris Tucker. Ms. Moreno and Mr. Tucker discussed a public marked project in Houston, and confirmed to Council that the recent trips to public markets in California and Georgia by DEDC staff members were made on their own time. e. Update of Public Works Projects ( Public Works Director Bryan Milward). Mr. Milward provided Council with an update on his department' s activities, and thanked Chief Morales for providing his crew with some slushies last week. July 24, 2018 Regular Council Meeting Minutes Page 3 of 9
f. Recommended Budget Presentation ( Assistant City Administrator/Chief Financial Officer Stephanie Russell). Ms. Russell presented the budget to Council and gave a quick overview, noting that the City expects to receive $ 1. 5 million in Harvey recovery grant revenue. City Administrator Chris Heard informed Council that the City has already received its certified tax roll, and that the recommended budget includes those values. ITEM 6.) PUBLIC COMMENTS: At this time, any person with city -related business may speak to the Council. In compliance with the Texas Open Meetings Act, The City Council may not deliberate. Comments from the public should be limited to a maximum of three ( 3) minutes per individual speaker. Joan Malmrose, 218 FM 517 West, Dickinson, Texas The Dickinson Historical Society is currently working on refinishing the floors at the Historic Railroad Depot, and is waiting on the Federal Emergency Management Agency for reimbursements for its losses during Hurricane Harvey. Also, Dickinson Historical Society is hosting a presentation on the Nicholstone House, this Thursday at 10: 00 a. m. Gerhard Meinecke, 7800 Benson Road, Texas City, Texas An attorney from Venezuela is present at the meeting to observe a United States local government in action. ITEM 7.) CONSENT AGENDA: CONSIDERATION AND POSSIBLE ACTION: The following items are considered routine by the City Council and will be enacted by one motion. There will not be a separate discussion on these items unless a Council member requests, in which event, the item will be removed from the consent agenda and discussed after the consent agenda. A. Approval of the Minutes of the Regular Council Meeting of July 10, 2018. B. Resolution Number 1681-2018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE A NON -REAL ESTATE DONATION AGREEMENT BY AND BETWEEN THE CITY OF DICKINSON, TEXAS AND FRIENDS OF THE DICKINSON PUBLIC LIBRARY FOR THE DONATION OF $ 5996. 00 TO BE USED FOR THE PURCHASE OF TWO AWE EARLY LITERACY STATIONS; APPROVING THE TERMS AND CONDITIONS OF SUCH AGREEMENT; PROVIDING FOR THE INCORPORATION OF PREMISES; AND PROVIDING AN EFFECTIVE DATE. July 24, 2018 Regular Council Meeting Minutes Page 4 of 9
C. Resolution Number 1682-2018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, RATIFYING THE ACTIONS OF THE CITY ADMINISTRATOR IN EXECUTING A POSSESSION AND USE AGREEMENT FOR TRANSPORTATION PURPOSES WITH ADDITIONAL PAYMENT OF INDEPENDENT CONSIDERATION BETWEEN THE CITY OF DICKINSON, TEXAS AND TEXAS DEPARTMENT OF TRANSPORTATION FOR SALE OF THE POSSESSION AND USE RIGHTS TO PROPERTY LEGALLY DESCRIBED AS ABSRACT 19 PERRY & AUSTIN PARCEL NO. 335 PROVIDING FOR THE INCORPORATION OF PREAMBLE; AND PROVIDING AN EFFECTIVE DATE. D. Resolution Number 1683-2018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, AMENDING THE CITY' S TEXPOOL LIST OF AUTHORIZED REPRESENTATIVES; PROVIDING FOR THE INCORPORATION OF PREMISES; AND PROVIDING AN EFFECTIVE DATE. E. Resolution Number 1684-2018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, AMENDING THE LIST OF AUTHORIZED INDIVIDUALS FOR THE CITY' S FINANCIAL DEPOSITORY, CAPITAL ONE BANK, N. A.; PROVIDING FOR THE INCORPORATION OF PREMISES; AND PROVIDING AN EFFECTIVE DATE. Council Member Henderson made a motion to approve the Consent Agenda, and Council Member King seconded the motion. There being no discussion, Mayor Masters called for the vote. 6 AYES ( Suderman, Henderson, Wilson, Deats, Decker, King) OLD BUSINESS None. NEW BUSINESS ITEM 8.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Rejection of All Proposals for Request for Proposal ( RFP) # 1809 for Temporary Staffing Services. July 24, 201 8 Regular Council Meeting Minutes Page 5 of 9
Council Member Deats made a motion to reject all proposals for Request for Proposal ( RFP) # 1809 for Temporary Staffing Services, and Council Member Wilson seconded the motion. There being no discussion, Mayor Masters called for the vote. 6 AYES ( Suderman, Henderson, Wilson, Deats, Decker, King) ITEM 9.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Resolution Number 1685-2018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, TERMINATING ITS AGREEMENT WITH FIRST SOUTHWEST; AUTHORIZING THE ASSISTANT CITY ADMINISTRATOR TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO EFFECTUATE AN AGREEMENT FOR SUCH SERVICES WITH MASTERSON ADVISORS LLC; PROVIDING FOR THE INCORPORATION OF PREAMBLE; AND PROVIDING AN EFFECTIVE DATE Council Member Deats made a motion to approve the resolution, and Council Member Decker seconded the motion. Drew Masterson, Managing Director of Masterson Advisors LLC, informed the Council that, if approved, the only thing to change would be the name of the company: the City would still have the same rates and the same advisor. There being no further discussion, Mayor Masters called for the vote. 6 AYES ( Suderman, Henderson, Wilson. Deats. Decker, King) ITEM 10.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Ordinance Number XXX - 2018 AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, DELETING SECTION 2-30, PARLIAMENTARY RULES AND 2-31, PARLIAMENTARIAN; ROBERTS RULES, OF CHAPTER 2, ADMINISTRATION, OF THE CODE OF ORDINANCES OF THE CITY OF DICKINSON, TEXAS; ADOPTING A NEW SECTION 2-30, PARLIAMENTARY RULES, OF CHAPTER 2, ADMINISTRATION, AND A NEW SECTION 2-31, PARLIAMENTARIAN, OF CHAPTER 2, ADMINISTRATION, OF THE CODE OF ORDINANCES OF THE CITY OF DICKINSON, TEXAS; PROVIDING FOR THE INCORPORATION OF PREAMBLE; AND PROVIDING AN EFFECTIVE DATE. ( First of Three Readings) Council Member King made a motion to approve the first reading of the ordinance, and Council Member Decker seconded the motion. Council July 24, 2018 Regular Council Meeting Minutes Page 6 of 9
Member Wilson asked why the change was proposed, given that the Council already follows parliamentary rules that have served it well for years. City Administrator Chris Heard said that the change was in response to Council' s request for the City' s Code of Ordinance to be reviewed and revised. This section, Mr. Heard remarked, was an easy place to start that process. There being no further discussion, Mayor Masters called for the vote. 5 AYES ( Suderman. Henderson, Deats, Decker, King) 1 NAY ( Wilson) ITEM 11.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Ordinance Number XXX -2018 AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, REVISING SECTIONS 5-23 THROUGH 5-29 OF ARTICLE II, BUILDING CODES, OF CHAPTER 5, BUILDINGS, OF THE CODE OF ORDINANCES OF THE CITY OF DICKINSON, TEXAS TO REQUIRE THE REGISTRATION OF ALL PERSONS, FIRMS, AND CORPORATIONS PERFORMING CONSTRUCTION, INSTALLATION, OR REPAIR WORK ON BUILDINGS, STRUCTURES, TRADES SYSTEMS, OR ANY OTHER IMPROVEMENTS OR DEMOLITION; TO ESTABLISH AND REQUIRE CERTAIN MINIMUM STANDARDS FOR ACCEPTABLE INSURANCE OR BOND FOR SUCH PERSONS, FIRMS, AND CORPORATIONS; TO REQUIRE A REGISTRATION FEE; AND TO ALLOW FOR WORK BY HOMEOWNER; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED 2, 000 FOR EACH VIOLATION OF ANY PROVISION HEREOF; AND PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE AND AN EFFECTIVE DATE. ( First of Three Readings) Council Member Henderson made a motion to approve the first reading of the ordinance, and Council Member King seconded the motion. Director of Community Development Zachary Meadows addressed questions regarding homeowners' ability to perform work on their own homes without a contractor. There being no further discussion, Mayor Masters called for the vote. 5 AYES ( Suderman, Henderson, Deats, Decker, King) 1 NAY ( Wilson) ITEM 12.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Ordinance Number XXX - 2018 AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, AMENDING SUBSECTION A, OF SECTION 7-76, FIRE PREVENTION CODE ADOPTED, OF DIVISION 2, FIRE PREVENTION July 24. 201 8 Regular Council Meeting Minutes Page 7 of 9
CODE, OF ARTICLE III, FIRE PREVENTION, OF CHAPTER 7, FIRE PREVENTION AND PROTECTION, OF THE CODE OF ORDINANCES OF THE CITY OF DICKINSON, TEXAS; TO CORRECT A TYPOGRAPHICAL ERROR IN ORDINANCE 862-2016 AND TO CORRECT THE ADOPTED VERSION OF THE " INTERNATIONAL FIRE CODE," AS PUBLISHED BY INTERNATIONAL CODE COUNCIL, TO THE 2015 EDITION; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $ 2, 000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF; AND PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, AND AN EFFECTIVE DATE. ( First of Three Readings) Council Member Wilson made a motion to approve the first reading of the ordinance, and Council Member Decker seconded the motion. There being no discussion, Mayor Masters called for the vote. 6 AYES ( Suderman, Henderson, Wilson, Deats, Decker, King) ITEM 13.) EXECUTIVE SESSION: The City Council will now hold a closed executive meeting pursuant to the provision of Chapter 551, Government Code, Vernon' s Texas Codes annotated, in accordance with the authority contained in: A. Section 551. 071 Consultation with Attorney regarding the role of the City Council in the supervision of the Dickinson Economic Development Corporation (" DEDC") and the DEDC employees, as well as the implementation of DEDC policies and procedures. B. Section 551. 074 Personnel Matters and Section 551. 071 Consultation with Attorney regarding the position of Economic Development Director. Mayor Masters recessed the meeting at 8: 21 King left the meeting. p. m., and Council Member ITEM 14.) RECONVENE Mayor Masters reconvened the regular meeting at 9: 43 p. m. ITEM 15.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Matters Discussed in Executive Session. There were no matters to discuss arise from the executive session. However, while Council was in executive session, City Secretary Alun Thomas spoke to Gerhard Meinecke, an attendee at the meeting, who said that Council Member Wilson failed to vote ( i. e. abstained from voting) on July 24, 2018 Regular Council Meeting Minutes Page 8 of 9
Items 11 and 12 during this meeting, and also failed to vote on one item during the July 10, 2018 Regular Meeting. The vote from the July 10 meeting, Mr. Meinecke asserted, was incorrectly recorded as unanimously approved. Council Member Wilson clarified that he abstained from voting on Item 11 and voted " aye" on Item 12 today, and voted against Item 10 Resolution 1679-2018) on July 10. ITEM 16.) ADJOURN Council Member Deats made a motion to adjourn the meeting at 8: 06 p. m., and Council Member Wilson seconded the motion. There being no discussion, Mayor Masters called for the vote. 5 AYES ( Suderman, Henderson, Wilson, Deats, Decker), APPROVED AND ADOPTED this the 14th day of August, 2018_ ATTEST: Alun. Ittiwirm Thomas, City Secretary fig tv3e, July 24, 2018 Regular Council Meeting Minutes Page 9 of 9