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AGENDA

City Council Meeting

5:00 PM - Tuesday, April 6, 2021

107 West Juan Linn Street (Council Chambers)

 

A.

CALL TO ORDER

 

 

1.     Quorum Call.

2.     Pledge of Allegiance.

3.     Welcome Citizens.

 

 

B.

COMMUNICATION:

 

 

 

1.

ANNOUNCEMENTS/REMINDERS:

 

 

 

a.

Live public access is available on TV15.

 

Remote access to participate in this meeting is available via Zoom webinar.

 

Please click the link below to join the webinar:

https://victoriatx.zoom.us/j/444573113

 

Or dial Toll Free (888) 475-4499 or (877) 853-5257 and enter Webinar ID: 444 573 113

 

 

 

2.

PUBLIC & EMPLOYEE RECOGNITIONS:

 

 

 

 

a.

Mayor Rawley McCoy Memorial Month Proclamation. Mayor Pro-Tem Josephine Soliz

 

 

 

b.

National Library Workers Day Proclamation. Mayor Pro-Tem Josephine Soliz

 

 

 

3.

ITEMS FROM COUNCIL:

 

With respect to items not listed on this agenda, City Council Members may request specific factual information, a recitation of existing policy, or placement of items on the City Council agenda for discussion at a following meeting.

 

 

 

4.

CITIZEN COMMUNICATION:

 

At this time, the public is invited to address the City Council and speak on any matter not specifically listed for public hearing in the subsection titled: “Public Hearings,” below. Please note that City Council may not deliberate on topics not included on this agenda.

 

 

C.

ITEMS WITH PUBLIC HEARINGS:

 

The City Council shall call a public hearing before taking action on each item below in this section. Any person wishing to address the City Council on these items should please come forward when that public hearing is called.

 

 

 

1.

An ordinance amending Section14-52(B) of the City Code related to Itinerant Vendor Permits.Danielle Williams, Main Street Manager

Agenda Item Memo - AIM-21-092 - Pdf

 

 

D.

CONSENT AGENDA:

 

All consent agenda items listed are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the consent agenda and considered after the remainder of the consent agenda. Information concerning consent agenda items is available for public review.

 

 

 

1.

Adoption of Minutes. April Hilbrich, City Secretary

City Council - Mar 16 2021 - Minutes - Pdf

 

 

 

2.

Appointment of the Health Authority for the City of Victoria. April Hilbrich, City Secretary

Agenda Item Memo - AIM-21-093 - Pdf

 

 

 

3.

Appointment of a Dentist to the Board of Health. April Hilbrich, City Secretary

Agenda Item Memo - AIM-21-089 - Pdf

 

 

 

4.

A resolution approving renewal of the City Manager and City Attorney employment contracts. Thomas Gwosdz, City Attorney

Agenda Item Memo - AIM-21-095 - Pdf

 

 

 

5.

An ordinance amending the FY2020-2021 City of Victoria budget to repair, remodel, and harden Fire Station #1, to lease golf carts and a range utility vehicle, and for the City's contribution to the TxDOT Green Ribbon project, in the cumulative amount of $1,507,852.72. Gilbert P. Reyna, Jr. CPA, Chief Financial Officer

Agenda Item Memo - AIM-21-085 - Pdf

 

 

E.

ACTION ITEMS FOR COUNCIL DISCUSSION:

 

 

 

1.

Approve the contract for architectural services for the Fire Station #1 project with Brown Reynolds Watford Architects, Inc. (BRW) of College Station, Texas in the amount of $128,000. Robert Fox, Fire Chief

Agenda Item Memo - AIM-21-090

 

 

 

2.

Approve an Advanced Funding Agreement with TxDOT for improvements to the median on N. Navarro Street (BU 77S Median Project) in the amount of $133,149.00. Ken Gill, Public Works Director

Agenda Item Memo - AIM-21-086 - Pdf

 

 

 

3.

A resolution supporting destination sourcing of sales tax, and opposing place-of-business sourcing of sales tax. Thomas Gwosdz, City Attorney

Agenda Item Memo - AIM-21-094 - Pdf

 

 

 

4.

A resolution in support of SB 1067, which provides that the prohibition on the consumption of alcoholic beverages in a public place during certain hours applies to all public places, regardless of whether it is a licensed or permitted premises. Thomas Gwosdz, City Attorney

Agenda Item Memo - AIM-21-101 - Pdf

 

 

 

5.

A resolution supporting HB 4183, which would allow the City to hold an election to impose a one-cent per gallon tax on the sale of gasoline to be used for street construction, maintenance, and policing. Thomas Gwosdz, City Attorney

Agenda Item Memo - AIM-21-102 - Pdf

 

 

 

6.

A resolution opposing HB1869, which would limit the City's ability to address infrastructure needs.  Thomas Gwosdz, City Attorney

Agenda Item Memo - AIM-21-084 - Pdf

 

 

 

7.

A resolution opposing HB 753, which would prohibit the City from charging more than 2% franchise fee on solid waste management services. Thomas Gwosdz, City Attorney

Agenda Item Memo - AIM-21-096 - Pdf

 

 

 

8.

A resolution opposing HB 1513, which would prohibit Texas peace officers from using less lethal projectiles in high risk crowd situations. Thomas Gwosdz, City Attorney

Agenda Item Memo - AIM-21-088 - Pdf

 

 

 

9.

A resolution opposing HB 3784, which would eliminate enforcement mechanisms related to emergency management plans. Thomas Gwosdz, City Attorney

Agenda Item Memo - AIM-21-103 - Pdf

 

 

F.

CITY MANAGER REPORTS:

 

 

 

1.

Update on Ongoing Master Plans. Mike Etienne, PhD, Assistant City Manager

 

 

 

2.

Presentation on US 59 Business Median Project. Julie Fulgham, Development Services Director

Agenda Item Memo - AIM-21-098

 

 

 

3.

Annual Report for the Environmental Services Department. Darryl Lesak, Environmental Services Director

Agenda Item Memo - AIM-21-087

 

 

G.

EXECUTIVE SESSIONS:

 

All items listed in this section may be considered Action Items and City Council may take action on any item listed in this section without further notice.

 

 

 

1.

Executive Session in accordance with Texas Government Code § 551.071, consultation with attorney on matter involving pending or contemplated litigation or other matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Texas Open Meetings Act. Thomas Gwosdz, City Attorney

 

 

 

2.

Executive Session in accordance with Texas Government Code § 551.087, to discuss or deliberate the offer of a financial or other incentive to a business prospect that the City Council seeks to have, locate, stay, or expand in or near the territory of the City of Victoria and with which the City of Victoria is conducting economic development negotiations. Jesús A. Garza, City Manager.

 

 

* Regardless of the agenda heading under which any item is listed, any subject mentioned in any word or phrase of any item listed on this agenda may be deliberated by City Council, and such words or phrases are hereby added as additional subjects to be considered. Resolutions, ordinances, and other actions concerning any word, phrase, or other subject of this meeting include the regulation of animals, construction, signs, unsafe buildings, floodplains, land development, nuisances, mowing, sanitation, food establishments, manufactured house, itinerant vendors, outdoor sales, water conservation practices, and proposed changes to the City Charter. Any descriptions of property or amounts stated herein are descriptive and not restrictive, and property and amounts may be changed in the motions, actions, or documents without further public notice.

 

** In addition to the items listed under “Public Hearings,” every item on this agenda shall be considered a public hearing

 

*** Any penal ordinance of the City of Victoria or item which is funded by the current or next proposed City of Victoria budget, including, without limitation, any park, street, water pipe, sewer, drainage structure, department, employee, contract, capital improvement project, or real property interest of the City of Victoria may be discussed and deliberated as a City Manager’s Report, and the subject is hereby defined as such without further notice.

 

****Any item on this agenda may be discussed in executive session if authorized by Texas law regardless of whether it is listed under “Executive Sessions” of this agenda, regardless of any past or current practice of City Council. Executive sessions herein are closed meetings, may include consideration of any item otherwise listed on the agenda, plus any subject specified in the executive session notice, and may include items under Texas Government Code Sections 551.071, 551.072, 551.073, 551.074, 551.076, 551.084, and/or 551.087. Executive sessions may be held at 105 W. Juan Linn, Victoria, Texas or such other location as determined by the City Council. This agenda has been reviewed and approved by the City Attorney’s office, and the presence of any subject in the Executive Session portion of this agenda constitutes a written interpretation of Chapter 551 of the Texas Local Government Code by the attorney for the governmental body indicating that said subject may be legally discussed in a closed meeting