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