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AGENDA

City Council Meeting

5:00 PM - Tuesday, April 4, 2023

107 West Juan Linn Street (Council Chambers)

 

A.

CALL TO ORDER

 

 

1.     Quorum Call.

2.     Pledge of Allegiance.

3.     Texas Pledge of Allegiance.

4.     Moment of Silence.

5.     Welcome Citizens.

 

 

B.

COMMUNICATION:

 

 

 

1.

ANNOUNCEMENTS/REMINDERS:

 

 

 

a.

Bicentennial Celebration Update. Joel Novosad, Director of the Convention and Visitors Bureau

 

 

 

2.

PUBLIC & EMPLOYEE RECOGNITIONS:

 

 

 

a.

National Child Abuse Awareness and Prevention Month. Jeff Bauknight, Mayor

 

 

 

b.

April 2023 Keep Victoria Beautiful Business Beautification Award. Christy Youker, Assistant Director of Environmental Services

Agenda Item Memo - AIM-23-062 - Pdf

 

 

 

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.

 

 

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 of the regular meeting held on March 21, 2023. April Hilbrich, City Secretary

City Council - Mar 21 2023 - Minutes - Pdf

 

 

 

2.

An ordinance approving a budget amendment to the FY23 budget in the amount of $98,500.00 to cover the cost of consulting and legal fees for the Landfill Expansion Project. Second and Third Reading. Darryl Lesak, Director of Environmental Services

Agenda Item Memo - AIM-23-066 - Pdf

 

 

 

3.

Approve an amendment to the professional consulting services agreement with Burns & McDonnell Engineering Company Inc. of Austin, TX, for continued work on the Landfill Extension permit, in an amount not to exceed $81,500.00. Darryl Lesak, Director of Environmental Services

Agenda Item Memo - AIM-23-054 - Pdf

 

 

 

4.

Approve a variance to Section 21-38(22)(c), Section 21-54(b), and Section 21-54(c) for a property located at 7800 N. Navarro Street, 7202 N.E. Zac Lentz Parkway, and 7306 N.E. Zac Lentz Parkway in order to allow the replatting a planned shopping center. Julie Fulgham, Director of Development Services

Agenda Item Memo - AIM-23-061 - Pdf

 

 

 

5.

Approve a variance to Section 21-63(a) for a property located within the 4400 Block of State Highway 185 in order to allow the platting of two general commercial lots with one commercial lot not having direct access to a public roadway. Julie Fulgham, Director of Development Services

Agenda Item Memo - AIM-23-060 - Pdf

 

 

 

6.

Approve a variance to Section 21-82(a)(2) for a property located at 104 E. Brazos Street in order to allow the platting of a single family residential lot with a lot size below the minimum lot width requirement. Julie Fulgham, Director of Development Services

Agenda Item Memo - AIM-23-059 - Pdf

 

 

 

7.

Authorize the City Manager to execute settlement participation and release forms in the State of Texas' Opioid Litigation against Allergan, CVS, Walgreens, and Walmart.  Allison Lacey, City Attorney

Agenda Item Memo - AIM-23-070 - Pdf

 

 

E.

ACTION ITEMS FOR COUNCIL DISCUSSION:

 

 

 

1.

Adopt the 2023 Library Master Plan. Jessica Berger, Director of Victoria Public Library

Agenda Item Memo - AIM-23-072 - Pdf

 

 

 

2.

Approve Cultural District Boundary Expansion. Kate Garcia, Main Street Manager

Agenda Item Memo - AIM-23-069 - Pdf

 

 

 

3.

Award Laurent Street Water Line Replacement to Mercer Construction Company in the amount of $1,794,691.00. Ken Gill, Director of Public Works

Agenda Item Memo - AIM-23-065 - Pdf

 

 

 

4.

Award 2023 Rehabilitation and Overlay Project (Spring Creek Drive) to Brannan Paving Co., Ltd in the amount of $1,023,861.00. Ken Gill, Director of Public Works

Agenda Item Memo - AIM-23-064 - Pdf

 

 

F.

CITY MANAGER REPORTS:

 

 

 

1.

Update on CDBG-MIT Allocation Process. Katy Connally, Grant Administrator

Agenda Item Memo - AIM-23-071 - Pdf

 

 

 

2.

Human Resources Department 2022 Annual Report.  Cheryl Marthiljohni, Director of Human Resources

Agenda Item Memo - AIM-23-067 - Pdf

 

 

 

3.

Environmental Services Department 2022 Annual Report. Darryl Lesak, Director of Environmental Services

Agenda Item Memo - AIM-23-068 - Pdf

 

 

G.

WORK SESSION:

 

 

H.

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.

Texas Government Code § 551.087, to discuss or deliberate the offer to 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

 

 

 

2.

Texas Government Code § 551.072, to deliberate the purchase, exchange, lease, or value of real property interests, due to the fact that deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third party.  Jesús A. Garza, City Manager

 

 

 

3.

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. Allison E. Lacey, City Attorney

 

 

A quorum of the city council will be present at 107 W. Juan Linn St, Victoria Texas ("City Council Chambers"), and the city intends to have a quorum present at that location. The Presiding officer of the meeting will be present at City Council chambers, and that location will be open to the public. Other city council members may participate in this meeting by video conference, so long as their face is visible, and their voice audible to members of the public in attendance at City Council Chambers while that member is speaking.

 

* 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