Document 6424085

690
N
VICTORIA CITY COUNCIL
November 1 2005
CALL TO ORDER
regular meeting of the Victoria City Council was called to order by Mayor Will Armstrong
at 5 01 p m Tuesday November 1 2005 in the Council Chambers 107 W Juan Linn Victoria
Texas The pledge of allegiance was said and all citizens were welcomed
A
MEMBERS PRESENT
STAFF PRESENT
Will
Denny
Armstrong Mayor
Arnold
City Manager
Philip Guittard
David A Smith
Lewis Neitsch
Miles
Bill Russell
Gilbert P
Risley
Reyna
City Attorney
Director Finance
Jr
John Johnston Director Public Works
Duckert
Shirley
Jim Wyatt
Tom
City Attorney
Senior Assistant
John Kaminski Director
Vance
Halepaska
Planning
Director Fire and EMS
Riley
Rick Henrichs Director IT
Lynn
Short Director Utilities
Andrew Jacob Assistant Finance Director
Ray Miller Assistant Planning Director
Scarlet Swoboda
City Secretary
APPROVAL OF MINUTES
The minutes ofthe
regular meeting
ofOctober 18 2005
were
approved
as
presented
CITIZENS COMMUNICATION
Smoking
Ban
Leon Gilner M D
206
Neurological Surgeon
Creekridge
Drive
urged
Council to support
the ordinance He advised that he had emailed several articles of information to them in regards to
the economic impact of smoking bans in general He advised that everyday he sees the effects of
and secondhand smoke with related illnesses Dr Gilner then read several studies that help
primary
support
He indicated that the total cost for health conditions relating to
5 million in direct cost and over 5 billion in indirect costs The studies show
indicate no decline in total restaurant or bar revenue occurred after smoking
ordinances
smoking
smoking were
over
that economic
impacts
implemented
bans had been
smoking ban
in
revenues
He stated that although he would rather see
health issue and the ordinance would be a good first step
municipal
in all businesses this is
following individuals
Council approval
The
a
also
spoke
Susan Brook 103 Ashford Drive
2
Roxanna Mccutchan 405 E
5
smoking
in enclosed
and
encouraged
should
Forrest she advised that she has lung problems but should
have the right to go into a restaurant or store without the fear of having to be hospitalized
because of exposure to secondhand smoke She stated that she has the right to breath
Taylor Starkey M D 404 W Guadalupe sited breathing and cancer cases involving his
patients
4
stated that
proposed smoking ban
public places
not be allowed this is a health issue and businesses need to recognize that
1
3
in favor of the
a
and stated that
smoking
is
a
problem and
needs to be addressed
we needed to think ofothers and
Sarah Stewart Johnston 111 Pasadena Drive stated that
not ourselves in
regards
Robert
MD
Harvey
have
difficulty
into
a restaurant
to secondhand smoke
115 Creekside
with the
without
stated that his
quality of air
having adverse
specialty
He stated that 90
deals with individuals that
patients can not walk
of his
health effects
6
Peggy Miller 6102 Country Club Drive stated that she is a cancer survivor and thanked
Council for their courage and concern for the health and safety ofthe citizens
7
Richard Fritz
stated that in most restaurants if you go to the
the smoking section
401 Woodwind Drive
restroom you have to pass
through
N
691
CITY COUNCIL MINUTES
November 1 2005
The
1
following
in
spoke
opposition
ofthe
proposed
smoking ban
Jack A Mullins 224
Ridgewood Drive acknowledged that secondhand smoke was a
substantial health risk but as long as tobacco money was coming into Texas the State
Legislature would not ban smoking in the state He questioned how a smoking ban
would be enforced He also suggested putting it to the voters as a referendum question at
the
2
individuals
May
Lloyd
election
Hurst
1 Circle Lane and Owner of the Score Board
stated that most of his customers smoke and if
allowed it should be their choice whether to
his sports bar derives 60
percentages would require
smoking
Aneska Vavrusa 707 Duck Drive
states which restaurants allow
smoking
Bar in Victoria Mall
individual knows that
an
that business
patronize
or
smoking
is
not He stated that
from alcoholic
from sales of food and 40
a
Sports
those
beverage
ban in his establishment
suggested making
a
list available for the
public
which
and which do not citizens could then make their
own
choices
ORDINANCE 2005 22
ADDING SECTION 10 69 TO THE CITY CODE TO PROHIBIT
SMOKING IN RESTAURANTS
caption of Ordinance 2005 22 which amends
Food Establishments
of the Victoria City Code to add Section 10 69 to prohibit
Article III
Guittard
smoking and require signage in restaurants other than bars Second Reading Cm Philip
City Attorney
private
David A Smith
read the
bingo parlors
provide food to
was amended
by the
Cm Buckert moved to amend the ordinance by excluding bowling alleys
clubs civic and religious organizations outdoor dining and contractors who
any of those entities with Cm Guittard
the motion
seconding
The ordinance
following vote
AYES Council Members Guittard Buckert
Wyatt
NAYS Council Members Neitsch Russell and
and
Mayor Armstrong
Halepaska
Cm Buckert moved that the ordinance pass on second reading with Cm Guittard
the motion The ordinance passed as amended on second reading by the following vote
AYES Council Members Guittard Buckert
Wyatt
NAYS Council Members Neitsch Russell and
and
seconding
Mayor Armstrong
Halepaska
Caption
FOOD ESTABLISHMENTS
AN ORDINANCE AMENDING ARTICLE III
SECTION
10 69 TO PROHIBIT
OF THE VICTORIA CITY CODE TO ADD
SMOKING AND REQUIRE SIGNAGE IN RESTAURANTS OTHER THAN
BARS
PROVIDING FOR SEVERABILITY
AND
CODIFICATION
PROVIDING
PROVIDING FOR SAVINGS
FOR
A
PENALTY
AND
PUBLICATION AND DECLARING AN EFFECTIVE DATE
ITEMS FROM COUNCIL
Cm Buckert stated that she was recently affected by the permitting process by placing a
banner sign at her place of business but eventually took it down She reminded Council that they
need to think through the ordinances before taxing citizens with these types of permits
really
asked all in attendance to stand in respect for
remembrance ofthe contributions she made for civil rights
Cm
Wyatt
Cm
Russell
requested
a
work session to go
over
a
great
the list of
improvements suggested
emergency responses
PUBLIC HEARINGS
Mayor Armstrong opened
a
public hearing
on
the
fallen leader Rosa Parks in
following items
for
N
6fl2
CITY COUNCIL MINUTES
November 1 2005
ORDINANCE 2005 2006B
AMENDING
THE 2005 2006 FISCAL YEAR BUDGET OF
THE CITY OF VICTORIA TO PAY FOR SIDEWALK INSTALLATION COSTS
The ordinance considers
by transferring
the 2005 2006 Fiscal Year
Budget of the City of Victoria
exceeding the original estimate in
amending
88 341 92 to pay for sidewalk installation costs
authorizing payments Andrew Jacob
the amount of 88 341 92 and
Mayor Armstrong
asked if there
were
any
questions
from Councilor the audience There
were none
DENYING CENTERPOINT ENERGY ENTEX S
ORDINANCE 2005 23
REQUESTED
RATE CHANGES AND AUTHORIZING INTERVENTION IN ANY APPEAL OF THE
CITY S ACTION TO THE RAILROAD COMMISSION
The ordinance considers
authorizing
intervention in any
denying CenterPoint Energy
appeal of the City s action to
Entex
s
requested
rate
changes
the Railroad Commission
and
David A
Smith
Mayor Armstrong asked if there
and Mayor Armstrong closed
were none
questions
public hearing
were
the
any
from Councilor the audience
There
CITY MANAGER REPORTS
Capital Improvement
Plan
Projects Quarterly Report
John Johnston Director ofPublic Works answered
the
the
projects and
last meeting
Report
on
their status from the
L
Region
questions that Council had about some of
Capital Improvement Plan Projects Report that they received at
Water Plan
advising that he was currently
Committee The
serving a five year term on the Region L Water Board South Texas Regional
responsibilities of this board are to develop a regional water plan for South Central Texas and
identify both short and long term water supply needs and recommends water management strategies
Mr Middleton is the chairperson on the South Texas Regional Water
to address those needs
Advisory Committee which is an advisory group of the Edwards Aquifer Authority as well as the
chairperson of the Guadalupe Basin Coalition which determines and supports policies of the
coalition to protect downstream interests along the Guadalupe and San Marcos Rivers
Mayor Armstrong
Mr
introduced former
Middleton advised that he
Mayor Gary
represents
the
Middleton
municipal
interest of these boards
and
He
2 counties that make up Region L
committees throughout the region which consist ofthe 22 l
advised that it was their responsibility to develop a fifty year plan to meet the regions water needs
resources in
plan would be sent to the Water Development Board where they must identify
the region He stated that there are 100 000 plus acre feet of water rights that exist in the Guadalupe
River that is not being used but is already permitted and has a senior permit dating back into the
GBRA in recent board action authorized
1950 s The Guadalupe Blanco River Authority
and that
environmental studies that deal with in
endangered species
needs in San Antonio
stream
Bay
flow
bay
and estuary needs along with the
verbally GBRA has committed to
He advised that
honor and be stewards of those needs should there be a shortfall
area
Mr Middleton stated that transferring water to San Antonio because of growth in that
He stated that the Edwards Aquifer was suppose to guarantee
was what the whole issue was about
continuous minimum spring flow that is sufficient to sustain the endangered species and have a plan
of the
in place to do that by 2012 He advised that the farmers in the west are guaranteed water out
Edwards Aquifer but they have been so efficient with the water that some ofthe excess water was
more would be leased or sold back
not being consumed His concern was that the excess water and
Mr Middleton stated that San Antonio does a good job in the
to San Antonio over time
develop an additional alternative water supply to the
were to be
repeated those communities along the river
conservation and reuse of water but unless they
Edwards
Aquifer
if the
drought
of record
could be in harms way and would have
to go back to well water
He mentioned that 70
of the
N9
693
CITY COUNCIL MINUTES
November 1 2005
water at
the Victoria gauge
encouraged
the
citizenry
during
the
drought of 1996 was contributed to spring flow He
groundwater district at the upcoming election
also
to vote in favor ofthe
thanked Mr Middleton for his efforts
Mayor Armstrong
RESOLUTION 2005 172R
on
behalf ofthe
City
AWARDING THE NAVARRO STREET WATER AND SEWER
LINE REPLACEMENT PROJECT TO BRH GARVER CONSTRUCTION L P
The resolution awards the Navarro Street Water and Sewer Line
Mockingbird
amount of
Lane to North Street
2 988 281
Cm
Wyatt
The resolution
Lynn
to BRH Garver Construction
Replacement Project
of Houston Texas
in the
Short
moved that the resolution be
was
LP
adopted by
the
with Cm Buckert
adopted
the motion
seconding
following vote
Wyatt Halepaska
AYES Council Members Guittard Neitsch Russell Buckert
and
Mayor
Armstrong
NAYS None
RESOLUTION
AUTHORIZING
2005 173R
A
FOR CONSTRUCTION
PHASE
OF
THE
PROFESSIONAL
SERVICES
INC D B A URBAN ENGINEERING
AGREEMENT WITH VICTORIA ENGINEERING
NAVARRO
WATER AND
SEWER
LINE
REPLACEMENT PROJECT
The resolution authorizes
b
d
a
Line
a
Professional Services
Urban
Engineering for construction phase
Replacement Mockingbird Lane to North
Agreement
with Victoria
Engineering
Inc
services for the Navarro Street Water and Sewer
Street
Project
in the amount of
50 000
Lynn
Short
The resolution
was
adopted by
the
with Cm Neitsch
adopted
Cm Russell moved that the resolution be
seconding
the motion
following vote
AYES Council Members Guittard Neitsch Russell Buckert
Wyatt Halepaska
and
Mayor
Armstrong
NAYS None
RESOLUTION
2005 174R
PHONES
SOFTWARE
AUTHORIZING
EQUIPMENT
THE
AND
PURCHASE
SUPPLIES
OF
FROM
COMPUTERS
THE
TEXAS
DEPARTMENT OF INFORMATION RESOURCES DIR
purchase of computers computer software computer peripheral
phones through the Texas Department of Information Resources DIR in
The resolution authorizes the
equipment supplies
and
the amount not to exceed 338 261 Rick Henrichs
Cm Russell moved that the resolution be
The resolution
AYES
was
adopted by
the
following
adopted
with Cm Neitsch
seconding
the motion
vote
Council Members Guittard Neitsch Russell Buckert
Wyatt Halepaska
and
Mayor
Armstrong
NAYS None
AUTHORIZING THE TRANSFER OF LIENS FROM THE
HOME 2003 PROGRAM GRANT TO THE TEXAS DEPARTMENT OF HOUSING AND
RESOLUTION
2005 175R
COMMUNITY AFFAIRS TDHCA
The resolution authorizes the transfer of liens from the HOME 2003 Program Grant to the
Texas Department of Housing and Community Affairs TDHCA John Kaminski
Cm
Buckert moved that the resolution be
The resolution
was
adopted by
the
following vote
adopted
with Cm
Wyatt seconding
the motion
N
6
4
CITY COUNCIL MINUTES
November 1 2005
AYES Council Members Guittard Neitsch Russell Buckert
Wyatt Halepaska
and
Mayor
Armstrong
NAYS None
ADOPTING AMENDED PROGRAM GUIDELINES FOR THE
RESOLUTION 2005 146R
CDBG MORTGAGE ASSISTANCE PROGRAM
the amended program guidelines for the CDBG Mortgage Assistance
Program which will among other changes limit permissible mortgage payments under this program
ofa household s monthly gross income John Kaminski
to a maximum of33
The resolution
Cm
moved that the resolution be
Wyatt
The resolution
adopts
was
adopted by
the
following
adopted
with Cm Buckert
seconding
the motion
vote
Wyatt Halepaska
AYES Council Members Guittard Neitsch Russell Buckert
and
Mayor
Armstrong
NAYS None
RESOLUTION 2005 177R
FOR THE
AUTHORIZING AN ADVANCED FUNDING AGREEMENT
INSTALLATION
OF A TRAFFIC
SIGNAL
AT
THE
WALMART
MAIN
ENTRANCE
The resolution authorizes
an
the installation of a traffic
improvements
to be
Advance
signal at the
negotiated with
Funding Agreement
for
a
Safety
Bond
for
Project
Walmart main entrance and North Navarro US 77 and other
the Texas
Department
of
TxDOT
Transportation
in the
estimated amount of 65 899 50 John Johnston
Cm
Wyatt
moved that the resolution be
The resolution was adopted
by the following
adopted
with Cm Neitsch
seconding
the motion
vote
AYES Council Members Guittard Neitsch Russell Buckert
Wyatt Halepaska
and
Mayor
Armstrong
NAYS None
AUTHORIZING THE PURCHASE OF DEFIBRILLATORS
RESOLUTION 2005 178R
FROM MEDTRONIC EMERGENCY RESPONSE SYSTEMS
The resolution authorizes
purchase
purchase
6 Medtronic
4 BSS2
Physio
a
contract with Medtronic
120 Volt AC
s
in the amount of
1 339
Control LifePak II defibrillators in the amount of
approximately
103
47
105
City Manager
apiece
1 000
in the amount of
apiece
and trade in 6 Medtronic
Physio
apiece
for
a
total
purchase price
from the M G
approximately 40 000 to come
approximately 60 000 to come from Citizens
Cm Buckert moved that the resolution be
The resolution was adopted by the following vote
60 000 therefrom Vance
agreements
with
Riley
with Cm
Wyatt seconding
AYES Council Members Guittard Neitsch Russell Buckert
Wyatt Halepaska
adopted
of
and Lillie A
Medical Center and 2
to execute such documents contracts andor interlocal
Citizens Medical Center to receive andor transfer the
to
17 245
with
Johnson Foundation Inc and
authorizes the
Emergency Response Systems
Control LifePak 12 defibrillators
the motion
and
Mayor
Armstrong
NAYS None
RESOLUTION 2005 179R
AUTHORIZING A SUPPLEMENTAL ENVIRONMENTAL
PROJECT AGREEMENT WITH THE TEXAS COMMISSION ON ENVIRONMENTAL
QUALITY TCEQ TO FUND RETROFITTING SOLID WASTE TRUCKS FOR NITROUS
OXIDE EMISSIONS
The resolution authorizes the
Agreement
with the Texas
Supplemental Environmental Project
Environmental Quality to provide Supplemental
City Manager
Commission
on
to execute
a
N
695
CITY COUNCIL MINUTES
November 1 2005
Environmental
Project
funds for the Retrofit of City of Victoria Solid Waste Trucks to reduce the
nitrous oxide emissions ofthose vehicles
Cm
was
AYES
James
moved that the resolution be
Wyatt
The resolution
Jerry
adopted by
the
adopted
with Cm Buckert
seconding
the motion
following vote
Council Members Guittard Neitsch Russell Buckert
Wyatt Halepaska
and
Mayor
Armstrong
NAYS None
ORDINANCE 2005 2006B
AMENDING
THE 2005 2006 FISCAL
YEAR BUDGET OF
THE CITY OF VICTORIA TO PAY FOR SIDEWALK INSTALLATION COSTS
City Attorney
David A
the 2005 2006 Fiscal Year
Smith read the
Budget
of the
General Fund fund balance to the Street
caption
City
of Victoria
Department
Cm
the
341
88 341 92 from the
by transferring
Sidewalks line item to
provide funding for
Funding Agreement for a Transportation
Advance
additional amounts owed pursuant to the
Enhancement Project
Sidewalk and Pathway Improvements
Transportation TxDOT authorizes
original estimate in the amount of 88
which amends
of Ordinance 2005 2006B
with the Texas
Department
City Manager to pay costs exceeding that agreement s
92 Emergency Reading Andrew Jacob
that the ordinance pass on emergency reading with Cm
The ordinance passed on emergency reading by the following vote
Neitsch
Wyatt moved
seconding the
motion
AYES
of
Council Members Guittard Neitsch Russell Buckert
Wyatt Halepaska
and
Mayor
Armstrong
NAYS None
Caption
AN ORDINANCE AMENDING THE 2005 2006 FISCAL YEAR BUDGET OF
88 34192 FROM THE
THE CITY OF VICTORIA BY TRANSFERRING
GENERAL
FUND
FUND
BALANCE
AMOUNTS
OWED
TO
THE
STREET DEPARTMENT
PROVIDE FUNDING FOR ADDITIONAL
SIDEWALKS LINE ITEM TO
PURSUANT
TO
ADVANCE
THE
FUNDING
AGREEMENT FOR A TRANSPORTATION ENHANCEMENT PROJECT
SIDEWALK AND PATHWAY IMPROVEMENTS WITH THE TEXAS
DEPARTMENT
OF TRANSPORTATION
TXDOT
AUTHORIZING THE
CITY MANAGER TO PAY COSTS EXCEEDING THAT AGREEMENT S
ORIGINAL ESTIMATE IN THE AMOUNT OF 88 34192 REPEALING ALL
PROVIDING
ORDINANCES
CONFLICTING
EMERGENCY
DECLARING AN
AND
FOR
DECLARING
SEVERABILITY
AN
EFFECTIVE
DATE
DENYING CENTERPOINT ENERGY ENTEX S REQUESTED
RATE CHANGES AND AUTHORIZING INTERVENTION IN ANY APPEAL OF THE
ORDINANCE 2005 23
CITY S ACTION TO THE RAILROAD COMMISSION
City Attorney
CenterPoint
City
s
Energy
David A
Entex
s
requested
rate
action to the Railroad Commission
costs incurred
by
the
City
finds that the
required by law and provides
Emergency Reading David A Smith
public
read the
Smith
as
Cm
seconding
Russell
the motion
AYES
caption
changes
provides
meeting at
of Ordinance 2005 23
is open to the
for notice of this ordinance to CenterPoint Energy Entex
which this ordinance is
passed
the ordinance pass on emergency reading with Cm
The ordinance passed on emergency reading by the following vote
moved that
Council Members Guittard Neitsch Russell Buckert
Armstrong
NAYS None
which denies
authorizes intervention in any appeal of the
a
requirement for a prompt reimbursement of
Wyatt Halepaska
and
Wyatt
Mayor
N
6H6
CITY COUNCIL MINUTES
November 1 2005
Caption
AN
ORDINANCE
REQUESTED
CENTERPOINT
DENYING
RATE CHANGES
ENERGY
ENTEX S
AUTHORIZING INTERVENTION IN ANY
APPEAL OF THE CITY S ACTION TO THE RAILROAD COMMISSION
PROVIDING A REQUIREMENT FOR A PROMPT REIMBURSEMENT OF
COSTS INCURRED BY THE CITY
FINDING THAT THE MEETING AT
WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS
REQUIRED BY LAW AND PROVIDING FOR NOTICE OF THIS
TO
ORDINANCE
ENERGY ENTEX
CENTERPOINT
DECLARING AN
EMERGENCY AND PROVIDING AN EFFECTIVE DATE
EXECUTIVE SESSION
announced that Council would
Mayor Armstrong
recess
into executive session at 7 10 p
m
in accordance with
Section 551 071
Texas Government
consultation with attorney on litigation or
ofthe attorney to the governmental body under the
Code
potential litigation or a matter in which the duty
Texas Disciplinary Rules ofProfessional Conduct ofthe State Bar of Texas clearly conflicts with the
Texas Open Meetings Act including but not limited to legal issues related to the Lake Forest
development and regulations of the Texas Department of Licensing and Regulation that affect the
construction of sidewalks a potential gas rate case before the Texas Railroad Commission and
West Outfall
potential claims involving construction atnear intersection of Navarro Street
David A Smith
Section 551 074
Court
with
the
Section 551 087 Texas Government Code to discuss
other incentive to
a
business
economic
Highway
or
personnel
that the
77 North Navarro Street
near
but not limited to offers
Wal Mart
TO
REQUIREMENTS
or
involving property
GRANTING
LAKE
on
David A Smith
meeting prior to the executive session and was not
regular session at 8 09 p m to consider the following
2005 176R
of the
deliberate the offer of a financial
Cm Buckert left the
RESOLUTION
Judge
City
territory of the City
development negotiations including
the Council reconvened in
including
matters
and duties of the
Council seeks to have locate stay or expand in
of Victoria and with which the City of Victoria is conducting
prospect
the
or near
to
regard
evaluation
appointment employment
David A Smith
ofthe City ofVictoria
without limitation
Municipal
Texas Government Code
A
FOREST
VARIANCE
TO
SUBDIVISION
in attendance when
SUBDIVISION
THE
OWNED
BY
VBRD
DEVELOPMENT
The resolution
Victoria
City
variances to Sections 21 54
a
21 55 b
5
require construction of streets in accordance
Specifications multiple entries for subdivisions with more
Code
Standards and
grants
which
21 56 and 21 70 of the
with
the
than 50
City s Design
lots compliance
with the City ofVictoria Stormwater Drainage Master Plan and construction ofoversize facilities in
accordance with the City of Victoria Wastewater Master Plan to Lake Forest Subdivision Section 1
Phase III which is located on and next to Watermark Street owned by VBRD Development Inc
John Kaminski
Cm
Wyatt moved
The resolution
was
that the resolution be
adopted
Halepaska seconding
the motion
adopted by the following vote
AYES Council Members Guittard Russell
NAYS Council Member Neitsch
There being
with Cm
no
further business the
meeting
Wyatt Halepaska and Mayor Armstrong
was
adjourned
at 8 10 p
m
N9
697
CITY COUNCIL MINUTES
November 1 2005
APPROVED
lvvt4
LL
u
the
WILL ARMST
Victoria Texas
ATTEST
s
BMi
City of