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CITY OF TEXAS CITY
REGULAR CALLED CITY COMMISSION MEETING

AGENDA

WEDNESDAY, JULY 3, 2024 - 5:00 P.M.

KENNETH T. NUNN COUNCIL ROOM - CITY HALL
1801 9th Ave. N.
Texas City, TX 77590

PLEASE NOTE: Public comments and matters from the floor are generally limited to 3 minutes in length. If you would like to request to speak, please do so in advance of the meeting by filling out a Request To Address Commission form. All in attendance are required to remove hats and/or sunglasses (dark glasses) during meetings and to also silence all cell phones and electronic devices.

(1)

ROLL CALL

(2)

INVOCATION

(3)

PLEDGE OF ALLEGIANCE

(4)

PROCLAMATIONS AND PRESENTATIONS

(a)

Recognize the City Secretary's Office for receiving the Municipal Clerk's Office Achievement of Excellence Award.

(5)

REPORTS

(a)

Texas City Museum (Recreation and Tourism)

(b)

Marketing Update (Communications)

(6)

PUBLIC COMMENTS

(7)

CONSENT AGENDA

(a)

Approve City Commission Minutes for the June 18, 2024 meeting. (City Secretary)

(b)

Consider and take action on Resolution No. 2024-079, appointing Arthur Johnson, III, to the Bayou Golf Course Advisory Board to fulfill a vacancy. (City Secretary)

(c)

Consider and take action on Resolution No. 2024-080, confirming receipt of the 2023 Texas City TIRZ 1 Annual Report. (City Secretary)

(d)

Consider and take action on Resolution No. 2024-081, denial of CenterPoint Electric's proposed rates. (Management Services)

(e)

Consider and take action on Resolution No. 2024-082, contracting with Momentum Permit Expeditors for third-party Commercial Plan Review services in support of the Building & Inspections Department. (City Engineer)

(f)

Consider and take action on Resolution No. 2024-083, awarding and authorizing the Mayor to enter into a contract for Bid No. 2024-256-- 34th Street Sidewalk Installation Project. (Public Work)

(g)

Consider and take action on Resolution No. 2024-084, amending the Purchasing Policy and Procedure Manual to include 2 CFR part 200.338-327 Subpart D Post Federal Award Requirements. (Finance)

(h)

Consider and take action on Resolution No. 2024-085, accepting updates made to the Bayou Golf Course Advisory Boards Bylaws. (City Secretary)

(8)

REGULAR ITEMS

(a)

Consider and take action on Ordinance No. 2024-17, authorizing a variance from the 60ft standard width to 50ft width for the public street right of way between Woodrow Dr and the southern boundary of the Memorial Village Subdivision through Lot 25 in the Mary A. Patrick Subdivision, commonly known as 6324 Woodrow Street, with all other street standards are to remain unchanged. (City Engineer)

(b)

Consider and take action on Ordinance No. 2024-18, authorizing a variance for the installation of an emergency access-only crash gate across a street to be constructed to connect Woodrow Dr to the southern boundary of the Memorial Village Subdivision. (City Engineer)

(c)

Consider and take action on Resolution No. 2024-086, approving the Master Plan and Development Agreement consistent with the hereinbefore approval/denial of variances for the Memorial Village Subdivision. (City Engineer)

(9)

COMMISSIONERS' COMMENTS

(10)

MAYOR'S COMMENTS

(11)

ADJOURNMENT

NOTICE OF ANY SUBJECT APPEARING ON THIS AGENDA REGARDLESS OF HOW THE MATTER IS STATED MAY BE ACTED UPON BY THE CITY COMMISSION.

NOTICE: The City of Texas City will furnish free transportation to handicapped individuals via a 4-door sedan for anyone wishing to attend the City Commission meetings. Call 948-3111, City Secretary's Office before noon on Monday preceding the meeting to make arrangements.

I, THE UNDERSIGNED AUTHORITY, DO HEREBY CERTIFY THAT THIS NOTICE OF MEETING WAS POSTED ON THE BULLETIN BOARDS AT CITY HALL, 1801 9TH AVENUE NORTH, TEXAS CITY, TEXAS, AT A PLACE CONVENIENT AND READILY ACCESSIBLE TO THE GENERAL PUBLIC AND ON THE CITY'S WEBSITE ON JUNE 28, 2024, PRIOR TO 5:00 P.M. AND REMAINED SO POSTED CONTINUOUSLY FOR AT LEAST 72 HOURS PRECEDING THE SCHEDULED TIME OF SAID MEETING.

______________________
RHOMARI LEIGH
CITY SECRETARY

CITY COMMISSION REGULAR MTG

(4)(a)

Meeting Date:

07/03/2024

Recognize the City Secretary's Office - Award

Submitted For:

Rhomari Leigh, City Secretary

Submitted By:

Rhomari Leigh, City Secretary

Department:

City Secretary

Information

ACTION REQUEST

Recognize the City Secretary's Office for receiving the Municipal Clerk's Office Achievement of Excellence Award.

BACKGROUND (Brief Summary)

Congratulations to the City of Texas City on behalf of the Texas Municipal Clerks Association, Inc., and the Achievement of Excellence Award Committee.

The City of Texas City's municipal clerk's office has met the requirements to receive the Achievement of Excellence Award!

The Achievement of Excellence Award program recognizes the statutory requirements and demands for the effective and efficient management of resources for proper governance by the municipal clerk's office. The award recognizes municipal clerk offices throughout the state for compliance with federal, state, and local statutes that govern standards necessary to fulfill the duties and responsibilities of the office. A municipal clerk's office must have met nine (9) of the twelve (12) standards to be eligible for the Excellence Award.

The City of Texas City's municipal clerks office has clearly succeeded in demonstrating the standards that qualified the City to receive this award and, on behalf of the Texas Municipal Clerks Association, we are proud of you and your office's accomplishments. This award highlights the contributions that you and your city make to local government.

RECOMMENDATION

Acknowledge Rhomari Leigh and Renee Edgar for their work for the City of Texas City receiving this prestigious award.

Fiscal Impact

Attachments

attachment

CITY COMMISSION REGULAR MTG

(5)(a)

Meeting Date:

07/03/2024

Submitted By:

Rhomari Leigh, City Secretary

Department:

City Secretary

Information

ACTION REQUEST

Texas City Museum (Recreation and Tourism)

BACKGROUND (Brief Summary)

RECOMMENDATION

Fiscal Impact

Attachments

Staff Report

CITY COMMISSION REGULAR MTG

(5)(b)

Meeting Date:

07/03/2024

Submitted By:

Rhomari Leigh, City Secretary

Department:

City Secretary

Information

ACTION REQUEST

Marketing Update (Communications)

BACKGROUND (Brief Summary)

RECOMMENDATION

Fiscal Impact

Attachments

Staff Report

CITY COMMISSION REGULAR MTG

(7)(a)

Meeting Date:

07/03/2024

Submitted For:

Rhomari Leigh, City Secretary

Submitted By:

Rhomari Leigh, City Secretary

Department:

City Secretary

Information

ACTION REQUEST

Approve City Commission Minutes for the June 18, 2024 meeting. (City Secretary)

BACKGROUND (Brief Summary)

RECOMMENDATION

Fiscal Impact

Attachments

Minutes

CITY COMMISSION REGULAR MTG

(7)(b)

Meeting Date:

07/03/2024

Bayou Golf Advisory Board

Submitted For:

Rhomari Leigh, City Secretary

Submitted By:

Rhomari Leigh, City Secretary

Department:

City Secretary

Information

ACTION REQUEST

Appoint Arthur Johnson to the Bayou Golf Course Advisory Board.

BACKGROUND (Brief Summary)

On June 18, 2024, Board member Jenny Senter submitted her resignation letter.

Arthur Johnson, a resident of Texas City, submitted a Boards and Commissions application to the City Secretary's office on February 19, 2024, expressing his interest in serving on the Bayou Golf Course Advisory Board.

There is no fiscal impact on this item.

RECOMMENDATION

It is the recommendation of the City staff that Arthur Johnson, III be appointed to the Bayou Golf Course Advisory Board.

Fiscal Impact

Attachments

Resolution

attachment

CITY COMMISSION REGULAR MTG

(7)(c)

Meeting Date:

07/03/2024

2023 Annual TIRZ Report

Submitted For:

Rhomari Leigh, City Secretary

Submitted By:

Rhomari Leigh, City Secretary

Department:

City Secretary

Information

ACTION REQUEST

To confirm the receipt of the 2023, Texas City TIRZ 1, Annual Report.

BACKGROUND (Brief Summary)

Attached is the 2023, Annual Report for TIRZ 1, which was reviewed and approved by the Board at their June 20th meeting. The City Commission must acknowledge receipt of it so that it may be forwarded to the Texas Comptroller as required under Tax Code 311.016, as well as, to the College of the Mainland and Galveston County. If anyone has questions, they can contact Alan Mueller or Sue Darcy (www.marshdarcypartners.com) prior to the Commission meeting.

RECOMMENDATION

To confirm the receipt of the 2023, Texas City TIRZ 1, Annual Report.

Fiscal Impact

Funds Available Y/N:

N/A

Amount Requested:

Source of Funds:

Account #:

Fiscal Impact:

Attachments

Resolution

Report

CITY COMMISSION REGULAR MTG

(7)(d)

Meeting Date:

07/03/2024

CenterPoint Electric - Denial Resolution

Submitted For:

Rhomari Leigh, City Secretary

Submitted By:

Rhomari Leigh, City Secretary

Department:

City Secretary

Information

ACTION REQUEST

To adopt a denial resolution of CenterPoint's proposed rates.

BACKGROUND (Brief Summary)

On March 6, 2024, CenterPoint Energy Houston Electric, LLC ("CenterPoint" or "Company") filed an application with cities retaining their original jurisdiction seeking to increase system-wide transmission and distribution rates by $60 million per year. CenterPoint asks the City to approve an increase of $17 million in retail transmission and distribution rates (an increase of about 1%) and $43 million in wholesale transmission rates (an increase of about 6.6%). According to CenterPoint, the impact on an average residential customer would be an increase of about $1.25 per month.
In a prior City action, CenterPoint's rate request was suspended from taking effect for 90 days, the fullest extent permissible under the law. This time period has permitted the City, through its participation with the Gulf Coast Coalition of Cities ("GCCC"), to determine that the proposed rate increase is unreasonable. Consistent with the recommendations of experts engaged by GCCC, CenterPoint's request for a rate increase should be denied.

Accordingly, the purpose of the Resolution is to deny the rate change application proposed by CenterPoint.

RECOMMENDATION

City Staff and Legal Counsel recommend adopting a denial resolution of CenterPoint's proposed rates.

Fiscal Impact

Funds Available Y/N:

N/A

Amount Requested:

Source of Funds:

Account #:

Fiscal Impact:

Attachments

Resolution

CITY COMMISSION REGULAR MTG

(7)(e)

Meeting Date:

07/03/2024

contract with Momentum Permit Expeditors for third party Commercial Plan Review services in support of the Building & Inspections Department

Submitted For:

Kim Golden, Transportation and Planning

Submitted By:

Veronica Carreon, Transportation and Planning

Department:

Transportation and Planning

Information

ACTION REQUEST

Consider and take action on a contract with Momentum Permit Expeditors for third party Commercial Plan Review services in support of the Building & Inspections Department

BACKGROUND (Brief Summary)

The Building & Permits Department needs the services of a certified commercial plan reviewer to assist in the timely review of commercial building plans for purposes of issuing building permits. Momentum Permit Expeditors has qualified third party plan reviewers available to assist with commercial plan reviews on a timely basis.

RECOMMENDATION

Staff recommends approval of the contract with Momentum Permit Expeditors for third party Commercial Plan Review services in support of the Building & Inspections Department

Fiscal Impact

Attachments

Contract - third party plan reviews

Resolution

CITY COMMISSION REGULAR MTG

(7)(f)

Meeting Date:

07/03/2024

Approve and award the contract for Bid #2024-256-- 34th Street Sidewalk Installation Project

Submitted For:

Dj Hutchinson, Public Works

Submitted By:

Dj Hutchinson, Public Works

Department:

Public Works

Information

ACTION REQUEST

The Public Works Department is seeking approval for the City of Texas City's entry into a contract with Scope Twenty-Eight LLC for the construction of an approximate 1600 lineal feet of 5 foot wide concrete sidewalk and necessary drainage devices in the amount of $145,404.90. The sidewalk will begin adjacent to the Mansions of Moses Lake Apartments and continue on the east side of 34th Street to Cherry Ave. This sidewalk has been needed and will benefit the residents of Texas City with safe passage by foot to the 34th St. soccer fields, area shopping, and provide exercise opportunities. (See Exhibit A)

BACKGROUND (Brief Summary)

This project was publicly bid per City of Texas City Purchasing Policies and Procedures and a total of fourteen bids from area contractors were received on June 20th, 2024 for this project. The low bid came in at $145,404.90 from Scope Twenty-Eight LLC. A bid tab for all bidders has been included. (See Exhibit B)

RECOMMENDATION

After careful review of the bid from Scope Twenty-Eight LLC, by the Public Works Department and ARKK Engineers, recommend that the Mayor and City Commission approve this contract for the aforementioned project. For more detailed information. (See Exhibit C)

Fiscal Impact

Attachments

Exhibit A

Exhibit B

Exhibit C

Resolution

CITY COMMISSION REGULAR MTG

(7)(g)

Meeting Date:

07/03/2024

Amending the City of Texas City Purchasing Policy and Procedure Manual

Submitted For:

Gwynetheia Pope, Purchasing

Submitted By:

Gwynetheia Pope, Purchasing

Department:

Purchasing

Information

ACTION REQUEST

Approval to amend the Purchasing Policy and Procedure Manual to include 2 CFR part 200.338-327 Subpart D Post Federal Award Requirements.

BACKGROUND (Brief Summary)

It is recommended by the Purchasing Department to amend the Purchasing Policy and Procedures Manual to add to Section IV Procurement Policies and Procedures, Letter H: Federal Procurement, to include 2 CFR 200.318-327 Subpart D Post Federal Award Requirements. Revisions are in reference to the Code of Federal Regulations Post Federal Award Requirements updated as of June 6, 2024. Revisions are attached for your review.

RECOMMENDATION

It is recommended by the Purchasing Department to amend the Purchasing Policy and Procedures Manual to add 2 CFR 200.318-327 Subpart D Post Federal Award Requirements.

Fiscal Impact

Attachments

Purchasing Policy

Resolution

CITY COMMISSION REGULAR MTG

(7)(h)

Meeting Date:

07/03/2024

Bayou Golf Advisory Board- Bylaws

Submitted For:

Michael Skiba, Recreation and Tourism

Submitted By:

Rhomari Leigh, City Secretary

Department:

Bayou Golf Course

Information

ACTION REQUEST

Consider and take action on Resolution No. 2024-085, accepting updates made to the Bayou Golf Course Advisory Boards Bylaws. (City Secretary)

BACKGROUND (Brief Summary)

There was a need to amend/ update the by-laws of the Bayou Golf Course Advisory Board (BGCAB) needed to be amended/updated regarding membership, duties and responsibilities, and meeting procedures.

There is no fiscal impact for this item.

RECOMMENDATION

It is the recommendation of City Staff to consider the adoption of this item.

Fiscal Impact

Attachments

Resolution

CITY COMMISSION REGULAR MTG

(8)(a)

Meeting Date:

07/03/2024

Approve a variance from the 60ft standard width to 50ft width for the public street right of way between Woodrow Dr and the southern boundary of the Memorial Village Subdivision through Lot 25 in the Mary A. Patrick Subdivision, commonly known as 6324 Woodrow Street, all other street standards to remain unchanged.

Submitted For:

Kim Golden, Transportation and Planning

Submitted By:

Veronica Carreon, Transportation and Planning

Department:

Transportation and Planning

Information

ACTION REQUEST

BACKGROUND (Brief Summary)

RECOMMENDATION

Staff recommend approval of the variance from 60ft to 50ft right of way width of 105.70 feet to allow the construction of a connecting public street from Woodrow Street to the south boundary of the proposed Memorial Village Subdivision upon condition that the developer install a fence, screening wall or landscaping buffer at the property line along the length of the reduced right of way to mitigate impact to the adjacent properties.

Fiscal Impact

Attachments

Memorial Village Summary

Ordinance

CITY COMMISSION REGULAR MTG

(8)(b)

Meeting Date:

07/03/2024

Consider and take action on a variance for the installation of an emergency access only crash gate across a street to be constructed to connect Woodrow Dr to the southern boundary of the Memorial Village Subdivision.

Submitted For:

Kim Golden, Transportation and Planning

Submitted By:

Veronica Carreon, Transportation and Planning

Department:

Transportation and Planning

Information

ACTION REQUEST

BACKGROUND (Brief Summary)

RECOMMENDATION

Staff do not recommend approval of this variance for a crash gate on a public street. The City Commission previously approved the installation of an emergency only crash gate on N 19th Street in connection with the development of Sunrise Cove Subdivision. The Sunrise Cove Subdivision had two points of open public entry, but a third point of access for emergency response was recommended due to the long and narrow configuration of the subdivision. If this variance for a crash gate is approved for the Memorial Village Subdivision, the subdivision will be limited to only one point of open public entry. Having only one point of open public entry could result in traffic congestion at the entrance at times of peak traffic volumes.

Fiscal Impact

Attachments

Memorial Village Summary

Subdivision Master Plan

Ordinance

CITY COMMISSION REGULAR MTG

(8)(c)

Meeting Date:

07/03/2024

Consider and take action on Master Plan and Development Agreement for the Memorial Village Subdivision.

Submitted For:

Kim Golden, Transportation and Planning

Submitted By:

Veronica Carreon, Transportation and Planning

Department:

Transportation and Planning

Information

ACTION REQUEST

Approve Master Plan and Development Agreement consistent with the hereinbefore approval/denial of variances for the Memorial Village Subdivision.

BACKGROUND (Brief Summary)

Luton Development Company, on behalf of the owner Robbi Langley, Riff Ram Investments, LLC, proposes to develop a 99-lot subdivision on 32 acres of land situated south of Memorial Drive and east of Westward St and the Simms Elementary School. The property is located north and east of the Westward Church of Christ, being separated by a powerline and an unopened street right of way from Westward Street. The site is NOT being developed as planned unit development (PUD) and will NOT be annexed into the adjacent municipal utility district (GC MUD 66). As such, this infill development is governed by the minimums and standards of the Texas City Subdivision Ordinance Chapter 159. The 32-acre property is currently zoned District A – Single Family Residential. City water and sewer infrastructure exists in the area, but no details have been provided for developer's connections. The developer is solely responsible for the cost of connection and of any upgrades to existing infrastructure necessary to provide service to the site. All lots as proposed satisfy the minimum dimension and area requirements of District A, which is 50ft x 100ft and 6,000 sq ft. minimum. Approximately 40% of the lots will be adjacent to the amenity/detention pond at the rear lot lines. The developer intends to develop all of the lots in a single plat and to build out in a single phase. The master plan as presented incorporates a centralized wet bottom amenity pond with walking trail and a second detention pond at the entrance from and south of Memorial Drive. A reserve along the perimeter of the community is planned to assist with transitional grading and collection of offsite drainage. The outfall for the proposed detention system will tie directly into the drainage ditch immediately adjacent to the community which ditch is owned and maintained by the Galveston County Drainage District No. 2. It is not proposed for either of the detention ponds to be dedicated to MUD 66. A homeowner's association will be established to own and maintain the detention ponds and other common areas. The proposed land plan is compliant with the minimum standards of the Subdivision Ordinance Chapter 159 with the exception of the emergency only access connection to Woodrow Street and the 50ft right of way width for that access, which is less than the city standard.

Staff observes many developers have had pre-development conversations with staff regarding development of this area, but this is the first to bring a land plan forward to the Planning Board for review and approval. The acquisition of access to Woodrow is the proposed solution for a secondary means of emergency access. Staff have no objection to approval of the land plan as presented subject to City Commission approval of the required variances.

The Development Agreement provides for the creation of a homeowners' association to own and maintain the detention facilities, and provides for development standards which Texas City applies to new subdivisions, being the installation of all utilities underground, 60% minimum masonry content, and the prohibition of the use of aluminum or copper clad wire. The Development Agreement should also reflect the final determination of the City Commission regarding the variances.

RECOMMENDATION

The Planning Commission considered the Master Plan at its regular meeting on May 6, 2024 and recommended approval of the plan on a divided vote of 3-1, subject to the City Commission's consideration of the required variances.

Fiscal Impact

Attachments

Memorial Village - Master Plan

Memorial Village Summary

Staff report to Planning Board

DRAFT Development Agreement

Resolution