There being no further business, the meeting was adjourned at 6: 37p. m. VICTORIA CITY COUNCIL. May 2, 2017

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1 N? 731 April 18, 2017 and contractors. City Manager Garrett mentioned that one of the reasons behind this report was that Council may receive phone call concerning the issuance of permits when buildings begin to fail inspections. Assistant City Manager Kaminski commented that the 2018 energy codes may resolve some of the issues. ADJOURNMENT APPROVED: There being no further business, the meeting was adjourned at 6: 37p. m. r61"-a PAUL POLASEK, Mayor of the City of Victoria Texas ATTEST: 404, 1LU--"*( 1_ AIL HILBRICH, City Secretary VICTORIA CITY COUNCIL CALL TO ORDER A regular meeting of the Victoria City Council was called to order by Mayor Paul Polasek at 5: 00 p. m. Tuesday, in the Council Chambers, 107 W. Juan Linn, Victoria, Texas. The pledge of allegiance was said, and all citizens were welcomed. MEMBERS PRESENT STAFF PRESENT Paul Polasek, Mayor Jeff Bauknight, Mayor Pro- Tem Rafael De La Garza, III Charmelle Garrett, City Manager John Kaminski, Assistant City Manager Thomas A. Gwosdz, City Attorney Josephine E. Soliz Gilbert P. Reyna, Jr., Director, Finance Jan Scott Darryl Lesak, Director, Environmental Services Dr. Andrew Young Cheryl Marthiljohni, Director, Human Resources Tom Halepaska Taner Drake, Fire Chief Jeffrey Craig, Police Chief James Foote, Director, Information Technology O. C. Garza, Director, Communications Colby VanGundy, Director, Parks & Recreation Donald Reese, Director, Public Works Ken Gill, City Engineer Andrew Jacob, Assistant Finance Director John Ray, Assistant Police Chief April Hilbrich, City Secretary ITEMS FROM COUNCIL Cm. Soliz clarified that she does not receive ten percent of her income from Victoria County Drainage District# 3, so she does not need to sign a conflict of interest form. Mayor Pro- Tem Bauknight reminded citizens that although there was road construction on Red River, the businesses are open.

2 l N9 732 stated that the first council meeting in July falls on July 4th and asked for a consensus from Council to move the meeting to July 5th. Cm. Halepaska stated that he will be unable to attend, but the rest of Council agreed to the change of date. also stated that the Council would recess into executive session before the consideration of Item E4 ( Resolution R) and Item E8 ( a resolution for purchase of acres from the Barbara B. Diebel Family Limited Partnership). CITIZENS COMMUNICATION Victoria Villa, 1309 E Red River, stated that she was the center manager for Biomat USA and invited the Council and public to the grand opening and ribbon cutting on May 4th PUBLIC HEARINGS opened a public hearing on the following items: ORDINANCE Replacing Chapter 9. 5 of the Victoria City Code- Flood Damage Prevention City Attorney Gwosdz read the caption of Ordinance , which replaces Chapter 9. 5 of the Victoria City Code to revise and update regulations pertaining to Flood Damage Prevention, and repeals all conflicting ordinances. First Reading. John Kaminski. asked if there were any questions from Council or the audience. Mayor Pro- Tern Bauknight moved that the ordinance pass on first reading, with Cm. Scott seconding the motion. The ordinance passed on first reading by the following vote: Caption: AN ORDINANCE REPLACING CHAPTER 9. 5 OF THE VICTORIA CITY CODE TO REVISE AND UPDATE REGULATIONS PERTAINING TO FLOOD DAMAGE PREVENTION, REPEALING ALL CONFLICTING ORDINANCES, PROVIDING FOR PUBLICATION, ENFORCEMENT, CODIFICATION, AND SAVINGS, AND DECLARING AN EFFECTIVE DATE. ORDINANCE Execution of an Operating Agreement with Lyft, Inc. City Attorney Gwosdz read the caption of Ordinance , which authorizes the City Manager to execute an operating agreement with Lyft, Inc., authorizing Lyft to conduct transportation network operations within the City of Victoria. First Reading. Thomas Gwosdz. asked if there were any questions from Council or the audience. Cm. Scott asked Mayor Pro- Tem Bauknight why fingerprinting of Lyft drivers was not required. Mayor Pro- Tem Bauknight responded that the regulation of taxi drivers was done by the municipalities, not by the State of Texas and that a municipality may require fingerprinting. He also commented that limo drivers are not required by the State of Texas to get fingerprints done. City Manager Garrett stated that the City was asked by Bob Constantine, a local limo business operator, to consider fingerprinting taxi and limo operators and the City agreed that fingerprinting was a good idea Cm. Halepaska expressed his dissatisfaction with Lyft for operating in Victoria in violation of the City ordinances and for stating City ordinances do not count. He also commented that Lyft was now asking for a free ride until the State law was passed and that the methodology used by Lyft was bothersome to him. Cm. Halepaska questioned why the City was considering an ordinance if

3 N? 735 Lyft was going to do as they please. their methodology did bother him. Cm. Halepaska reiterated that he was not against Lyft, but that Mayor Pro- Tem Bauknight stated that the City of Victoria did not have a good ordinance that dealt with Lyft' s type of business model and that he believed that Lyft should not be addressed as a limo or taxi business. stated that the nature of the business model was the reason Lyft could start operating so quickly and the app allowed the customer more information about the driver and vehicle than if they had called a taxi. He commented that government, with all its checks and balances, was slower to react to the new business models and an overlap had occurred. Mayor Polasek stated that he did not want to get between a customer and a business. Mayor Pro- Tem Bauknight cautioned citizens to always use the app when requesting a ride because the commercial auto insurance through Lyft was only in effect when the ride was booked through the app. Cm. Scott stated that she would like the agreement to specifically require a Texas driver' s license and stated that she would bring up an amendment at the second reading. Cm. Soliz moved that the ordinance pass on first reading, with Mayor Pro- Tern Bauknight seconding the motion. The ordinance passed on first reading by the following vote: AYES: Council Members De La Garza, Soliz, Bauknight, Scott, Young, and NAYS: Council Member Halepaska Caption: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN OPERATING AGREEMENT WITH LYFT, INC., AUTHORIZING LYFT TO CONDUCT TRANSPORTATION NETWORK OPERATIONS WITHIN THE CITY OF VICTORIA, PROVIDING FOR SAVINGS, AND DECLARING AN EFFECTIVE DATE. closed the public hearings. CONSENT AGENDA: All consent agenda items listed are considered routine by the City Council and are enacted by one motion, unless a Council member requests to remove an item and consider it separately. 1. APPROVAL OF MINUTES: The minutes of the April 18, 2017 regular meeting were approved as presented. April Hilbrich. Mayor Pro- Tem Bauknight moved that the consent agenda be adopted, with Cm. Young seconding the motion. The consent agenda was adopted by the following vote: 411 RESOLUTION County Drainage District# R - Authorizes an Interlocal Cooperation Agreement with Victoria The resolution authorizes the City Manager to execute an Interlocal Cooperation Agreement between the City and Victoria County Drainage District # 3 for Drainage Ditch Maintenance. Mayor Paul Polasek. Cm. Young moved that the resolution be adopted, with Cm. Scott seconding the motion.

4 N? 736 explained that he, Mayor Pro- Tern Bauknight, and City Manager Garrett met with Justin Leita, a director of Victoria County Drainage District # 3, concerning the agreement. He stated that after reviewing the very specific agreement laid out by the City, the drainage district had proposed a very general agreement. stated that Drainage District # 3 was already mowing inside the city limits to assess the situation and the time required to mow. He asked Council to table the resolution indefinitely, to give the drainage district time to finish the assessment. Cm. Bauknight moved that the resolution be tabled, with Cm. Soliz seconding the motion. The resolution was tabled by the following vote: RESOLUTION R - Authorizes Application Submission to the Transportation Alternatives Set- Aside Program for the Navarro Pedestrian Improvement Project The resolution authorizes the City Manager to submit an application to the Texas Department of Transportation ( TxDOT) for the Transportation Alternatives Set- Aside Program for the Navarro Pedestrian Improvements Project. John Kaminski. Mayor Pro- Tern Bauknight moved that the resolution be adopted, with Cm. De La Garza seconding the motion. The resolution was adopted by the following vote: RESOLUTION R - Authorizes Application Submission to the Transportation Alternatives Set- Aside Program for the Houston Highway Pedestrian Improvement Project The resolution authorizes the City Manager to submit an application to the Texas Department of Transportation ( TxDOT) for the Transportation Alternatives Set- Aside Program for the Houston Highway Pedestrian Improvements Project. John Kaminski. Cm. Scott asked if street lighting on Houston Highway could be considered since it was not a part of this project with staff indicating that it would be looked at. Cm. Soliz suggested moving the bus stops closer to the intersections to encourage the public to cross at the intersections. Cm. Soliz moved that the resolution be adopted, with Cm. Scott seconding the motion. The resolution was adopted by the following vote: RESOLUTION R - Authorizes an Interlocal Assistance Agreement with Local Mental Health Agencies The resolution authorizes the City Manager to execute an interlocal assistance agreement with local mental health agencies to establish a multi- agency task force to provide effective, coordinated services for those experiencing mental health crises. John Ray. Cm. De La Garza moved that the resolution be adopted, with Mayor Pro- Tern Bauknight seconding the motion. The resolution was adopted by the following vote:

5 N? 737 CITY COUNCIL MINUTES RESOLUTION R - Authorizes an Agreement with Gulf Bend Center for a Mental Health Peace Officer The resolution authorizes the City Manager to execute an agreement with the Gulf Bend Center, related to an interlocal assistance agreement with local mental health agencies to establish a multi- agency task force, to set forth the terms and conditions for reimbursement to the City for its participation in the task force and the services of a Mental Health Peace Officer. John Ray. Cm. Scott moved that the resolution be adopted, with Cm. De La Garza seconding the motion. The resolution was adopted by the following vote: RESOLUTION R - Amends the Professional Services Agreement with Victoria Engineering d/ b/ a Urban Engineering The resolution authorizes the City Manager to amend the professional services agreement with Victoria Engineering, Inc. d/ b/ a Urban Engineering for engineering services for the Downtown Water and Sanitary Sewer Replacement Phase IV: Projects 4A, 5A and 6A in the amount of 13, Donald Reese. Cm. Soliz moved that the resolution be adopted, with Mayor Pro- Tem Bauknight seconding the motion. The resolution was adopted by the following vote: EXECUTIVE SESSION announced that Council would recess into Executive Session at 5: 38 p. m., in accordance with: Texas Government Code , 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 person. The Council reconvened in regular session at 6: 18 p.m. and considered the following: RESOLUTION R - Authorizes the First Amendment to the Purchase Agreement with Shuler Development, LLC The resolution authorizes the City Manager to execute the first amendment to purchase agreement with Shuler Development, LLC, to extend the due diligence period. John Kaminski. Cm. Young moved that the resolution be adopted, with Mayor Pro- Tem Bauknight seconding the motion. The resolution was adopted by the following vote:

6 I N9 738 Item E8, a resolution to authorize the City Manager to execute an unimproved property contract for the purchase of acres of real estate from the Barbara B. Diebel Family Limited Partnership died for lack of a motion. ADJOURNMENT There being no further business, the meeting was adjourned at 6: 19 p. m. APPROVED: PA CtAl L POLASEK, Mayor of the City of Victoria, Texas ATTEST: Qtk 6-1< afik APRIL HILBRICH, City Secretary