CITY COUNCIL AGENDA. REGULAR MEETING Tuesday, February 27, :00 p.m. COUNCILMEMBERS:

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1 1 City of Uvalde CITY COUNCIL AGENDA REGULAR MEETING Tuesday, February 27, :00 p.m. COUNCILMEMBERS: Don McLaughlin, Jr. - Mayor Margaret Palermo - District 1 John H. Flores, Jr. District 2 Rogelio M. Munoz District 3 Stephen E. Balke District 4 Ernest W. Chip King, III District 5

2 1. CALL MEETING TO ORDER 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 4. CITIZEN S INPUT CITY OF UVALDE, TEXAS REGULAR CITY COUNCIL MEETING 6:00 P.M., TUESDAY, FEBRUARY 27, 2018 CITY HALL COUNCIL CHAMBERS AGENDA 4A. Citizens are requested to sign up prior to council meeting if requesting time to address council. Presentations will be limited to no more than three (3) minutes. 5. PRESENTATIONS 5A. Rosie Whisenant presentation to Debra Stifflemire CVB. 5B. Presentation of the City of Uvalde s audit by a representative of Leal & Carter, the City s audit firm. Pg.5 6. CONSENT AGENDA (All consent agenda items are considered routine by City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember requests an item be removed and considered separately.) 6A. Consider and act on the Minutes of the February 13, 2018 Regular City Council meeting. Pg.6 6B. Consider and act on payment of bills over $5, from February 9, 2018 through February 23, Pg.11 6C. Consider and act on the confirmation and approval of the Mayor s reappointment of Nancy Bennett to the Historic Preservation Board pursuant to Article II, Section 13, of the City Charter. 6D. Consider and act on the renewal of a letter of credit agreement for a one (1) year period ending March 17, 2019 between the City of Uvalde and Municipal Energy Resources Corporation in the amount of $200,000. Pg NEW BUSINESS 7A. Consider and act on Ordinance amending Chapter of the Code of Ordinances pertaining to tree preservation. Pg.14 7B. Consider and act upon a resolution regarding a financing agreement for the purpose of procuring golf course related equipment. Pg.22 2

3 3 7C. Consider and act on a resolution cancelling General Election for Saturday May 5, Pg.25 7D. Consider and act on the Public Works Director s request to purchase a new water truck for the Street Department. Pg.29 7E. Consider and act on Ordinance amending Chapter 2.88 of the Code of Ordinances pertaining to the Hillcrest Cemetery. Pg EXECUTIVE SESSION The City Council of the City of Uvalde, Texas, will convene into executive session in accordance with the purposes permitted by the Open Meetings Act: 8A. Convene into executive session pursuant to Section regarding possible sale and purchase of real property. 8B. Convene into executive session pursuant to section , consultation with attorney regarding contemplated litigation. 9. RECONVENE FROM EXECUTIVE SESSION 9A. Reconvene into open session and take action as deemed appropriate in the City Council s discretion regarding the sale and purchase of real property. 9B. Reconvene into open session and take action as deemed appropriate in the City Council s discretion regarding the contemplated litigation. 10. ADJOURNMENT Certificate: I certify that the above and foregoing notice was posted in compliance with , Texas Government Code at 4:00 P.M. on February 23, Vince DiPiazza, City Manager City Hall Municipal Building is wheelchair accessible with accessed and special parking available on the West Side of the Building. The Council Chamber is accessible by elevator to the second floor. Requests for special services must be received forty-eight (48) hours prior to meeting time by calling City Hall (830) In this Notice of Open Meeting, the posting of an agenda item as a matter to be discussed in open session is not intended to limit or require discussion of that matter in open session if it is otherwise appropriate to discuss the matter in executive session. If, during the discussion of any agenda item, a matter is raised that is appropriate for discussion in executive session the council may, as permitted by law, convene into executive session to deliberate on the matter. The posting of an agenda item as a matter to be discussed in executive session is not intended to limit or require discussion of that matter in executive session. The council may discuss in open session any matter for which notice has been given in this notice of open meeting including an agenda item posted for executive session. In no event, however, will the council take action on any agenda item in executive session, whether it is posted for open or executive session discussion.

4 4 CERTIFICATION I, the undersigned authority, do hereby certify that the attached agenda of meeting of the City of Uvalde City Council is a true and correct copy and that I posted a true and correct copy of said notice on two glass public notice cases at City Hall, readily accessible to the general public at all times, and said Notice was posted on the 23 day of February 2018 and will remain so posted continuously for at least 72 hours preceding the scheduled time of said meeting in accordance with Chapter 551 of the Texas Government Code. Sorayda A. Sanchez, City Secretary I certify that the attached agenda of items to be considered by the City Council was removed by me from the City of Uvalde City Hall glass public notice cases on the day of, Title:

5 5 CITY Uvalde OF UVALDE Texas P.O. BOX 799, (830) FAX: (830) BUSINESS OF THE CITY COUNCIL SUBJECT: Presentation of the City of Uvalde s audit by a representative of Leal & Carter, the City s audit firm. AGENDA DATE: Feb 28, 2018 SUBMITTAL DATE: Feb 15, 2018 SUBMITTED BY: Phillip Conner REVIEWED BY: ATTACHMENTS: Budget Information Expenditure amount: $ Budget amount: $ Notes: BACKGROUND INFORMATION A representative of the City s audit firm, Leal and Carter will be here to present the City s audit and financial statements. RECOMMENDED ACTION

6 6 STATE OF TEXAS } COUNTY OF UVALDE } CITY OF UVALDE } BE IT REMEMBERED, that the City Council of the City of Uvalde, Texas, met in a Regular Meeting at 6:00 p.m. on Tuesday, February 13, 2018, with the following members present: Don McLaughlin John Flores Rogelio Muñoz Stephen Balke Chip King Also present: Vince DiPiazza Joe A. Cardenas Paul Tarski Sorayda A. Sanchez Susan Anderson Eric Herrera Mayor Councilmember Councilmember Councilmember Councilmember City Manager Assistant City Manager City Attorney City Secretary Director of Planning and Development Chief of Police Agenda Item No. 1 - Call Meeting to Order Mayor Don McLaughlin called the meeting to order at 6:00 p.m. Agenda Item No. 2 Invocation Pastor Ron Zeiner, Bread of Life Christian Fellowship Agenda Item No. 3 - Pledge of Allegiance Agenda Item No. 4 Citizen Input 4A. Citizens are requested to sign up prior to council meeting if requesting time to address council. Presentations will be limited to no more than three (3) minutes. Citizen Kimberly Romero addressed Mayor and Council in reference to cemetery ordinance. Ms. Romero is conducting a petition to allow citizens to place lights at the cemetery. Ms. Romero asked Mayor and Council if the lights could be placed inside the two vases that are next to the headstone. Citizen Rosalinda Gonzalez addressed Mayor and Council with the same concerns as Ms. Romero. Mayor and Council did not see a problem with the lights, as long as lights are inside the vases. Mayor and Council asked City Staff to provide them with a copy of the current ordinance for review and asked staff to re-write the ordinance and make changes necessary.

7 7 Agenda Item No. 5 Consent Agenda (All consent agenda items are considered routine by City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember requests an item be removed and considered separately.) 5A. Consider and act on the Minutes of the January 23, 2018 Regular City Council meeting. 5B. Consider and act on payment of bills over $5, from January 19, 2018 through February 9, C. Consider and act on the confirmation and approval of the Mayor s appointment and reappointment of the following individuals to the Animal Welfare Advisory Committee, the Opera House Advisory Committee, and the Housing Authority Board pursuant to Article II, Section 13, of the City Charter. Animal Welfare Advisory Committee: Con Mims-Reappointment Elsa Crawford-Reappointment Sgt. Javier Martinez-Appointment Pedro Alvarez, Animal Control Officer-Appointment Opera House Advisory Committee: Amanda Van Cleve-Reappointment Susan Austin-Reappointment MaryLou Williamson-Reappointment Housing Authority Board: Amanda Terrazas-Resident Commissioner Appointment Councilman John Flores, Jr. motioned to accept all items on Consent Agenda, 5A-5C. Councilman Chip King seconded the motion. Motion for approval of Consent Agenda 5A-5C carried 5-0. Agenda Item No. 6 Report 6A. Report by Susan Rios, Main Street Manager & Civic Center Manager for the 4 th Quarter months of July through September Main Street Manager & Civic Center Manager Susan Rios reported that for the 4 th quarter, Income collections for the months of July through September were $16,198.75, which is a $10, increase from 4 th quarter of There were 63 events held during the months of July through September, 47 were complimentary uses. This included the building as a whole being used as a hurricane shelter for hurricane Harvey victims. Very recently, the interior of the facility was painted, Cactus Room, Live Oak Hall kitchen and hallways were painted. The parking lot is in the process of restriping. Main Street Program update: Children s activity book has been a great success. Over 1600 copies have been distributed to date. Main Street Advisory Board currently developing

8 8 work plan for Hoping to improve movie nights and four square Friday. Hoping to move movie nights to amphitheater. Launched another round of façade grants for spring, and currently working on adding some parking way finding signs for two public city lots downtown. Working on map project to display entire downtown district and every business in it. For past two months, they begun radio advertising for the first time, and just last week five downtown business had the opportunity to be on the KVOU Morning show and talk about their business and any specials and promotions they had for valentine s day. This was exceptionally beneficial to the UCISD Candle Shop. Continuing donation collection for plaza fountain and helping Rotary Club with amphitheater project. This past Friday Susan was informed that a recommendation has been sent to the National Main Street Center, Main Street America by the Texas Historical Commission that the Uvalde Main Street Program be recognized as a Nationally accredited Main Street Program. This recommendation is based on the evaluation of annual progress of 10 criteria that they have to cover and activities for progress September 1, 2016 to November With the help of board, downtown district, and volunteers the Main Street program received a score of 90% this is a distinction the program has not had in several years. The official wording of this designation will be announced at the National Main Street Conference in Kansas City in March. Today, Susan and the Mayor met with the executive content producer for the television show YOLO Texas and the Main Street area along with different areas of Uvalde will be featured on the show in the upcoming year. Councilman John Flores, Jr. asked about the low number of paying events. Councilman Rogelio Muñoz also questioned the low number of paying events as well as Government Agencies using the facility at no cost. Susan Rios explained that several nonprofit organizations host their meetings in the Cactus Room. Council suggested possibly limiting the number of meetings or events to nonprofit organizations. Mayor and Council would like to reevaluate the fee structure with City & Civic Center Staff. Agenda Item No. 7 New Business 7A. Consider and act on a resolution establishing procedure for a general election in Uvalde, Texas and order of election for May 5, Councilman Chip King motioned to approve item 7A. Councilman John Flores, Jr. seconded the motion. Motion carried B. Consider and act upon resolution authorizing the submission of the CJD Grant Application to the Governor s Office for the FY-19 Justice Assistance Grant Program requesting resources for a Uvalde Police Department vehicle. Councilman Rogelio Muñoz motioned to approve item 7B. Councilmen Chip King and Stephen Balke seconded the motion. Motion carried 5-0.

9 9 7C. Consider and act on the Public Works Director s request to purchase a 2019 Freightliner with a Niece 2000 gallon water tank system for the Street Department. City Manager Vince DiPiazza explained to Mayor and Council that Public Works Director Juan Zamora was not in attendance. He asked for item 7C to be tabled. Councilman Chip King motioned to table item 7C. Councilmen John Flores, Jr. and Stephen Balke seconded the motion. Motion carried D. Consider and act on an application for Outside the City Limits water services for Jonathan Roberts, property located at 422 Sage Lane Uvalde, Texas City Manager Vince DiPiazza explained to Mayor and Council that he would like to put a stop to these requests, but does not feel it would be fair to deny this request due to services provided to the surrounding properties. Mayor Don McLaughlin, Jr. motioned to approve item 7D. Councilman Stephen Balke seconded the motion. Motion carried E. Consider and act on pay request #7 from A.E. Hiller & Sons, Inc. in the amount of $253, for work performed through January 25, 2018 on Option 1 Phase 2 of the 2015 Street Improvement and Drainage project. Assistant City Manager Joe A. Cardenas explained to mayor and Council that this is request #7 for AE Hiller & Sons, Inc. The request is for $253, After speaking with Public Works Director Juan Zamora and the Utility Contractor there is a payment reduction of $44, until quantities are reviewed. Proposing a payment of $209, until further review. Mayor Don McLaughlin, Jr. asked about fixing the section behind HEB. He would like to have that area repaired due to heavy traffic flow. Councilman Stephen Balke motioned to approve item 7E. Councilman Chip King seconded the motion. Councilman Rogelio Muñoz abstained. Motion carried F. Consider and act on ordinance amending chapter of the Code of Ordinances pertaining to utility service rates, water rights fee. Councilman Chip King motioned to approve item 7F. Mayor Don McLaughlin, Jr. seconded the motion. Motion carried 5-0. Agenda Item No. 9 Executive Session The City Council of the City of Uvalde, Texas, will convene into executive session in accordance with the purposes permitted by the Open Meetings Act: 8A. Convene into executive session pursuant to Section regarding possible sale of real property. Convened into executive session at 6:43P.M. 8B. Convene into executive session pursuant to section , consultation with attorney regarding contemplated litigation.

10 10 Agenda Item No. 10 Reconvene from Executive Session 9A. Reconvene into open session and take action as deemed appropriate in the City Council s discretion regarding the sale real property. Reconvened from executive session at 7:13P.M. No action taken. 9B. Reconvene into open session and take action as deemed appropriate in the City Council s discretion regarding the contemplated litigation. No action taken. Agenda Item No. 11 Adjournment Councilman Rogelio Muñoz motioned for adjournment. Councilman John Flores, Jr. seconded the motion. Motion carried 5-0. Meeting adjourned at 7:14 P.M. Attest: Don McLaughlin, Jr., Mayor Sorayda A. Sanchez, City Secretary

11 11 Accounts Payable in Excess of $5, For Period Ending February 23, 2018 Requesting Approval to Release Payment Name Description Department Account Number and Amount ***The following items have already been mailed- due to their due dates. *** Bickerstaff Heath Delgado Acosta Legal Fees $6, Cecil Atkinson Motors Vehicle Repair & Police Department Maintenance $8, Hydra Stop Operating Supplies Water $8, Forbes Environmental Professional Services Landfill $12, *** The following payments are being held and will be released upon approval *** Tax Note Items HTS Office 365 Contract IT $6, Authorized/Verified By V Dipiazza V Dipiazza V Dipiazza V Dipiazza V Dipiazza V Dipiazza V Dipiazza V Dipiazza V Dipiazza V Dipiazza

12 12 CITY Uvalde OF UVALDE Texas P.O. BOX 799, (830) FAX: (830) BUSINESS OF THE CITY COUNCIL SUBJECT: Consider and act on a request for a letter of credit agreement for a One (1) year period ending March 17, 2019 between the City of Uvalde and Municipal Energy Resources Corporation in the amount of $200,000. AGENDA DATE: Feb. 27, 2018 SUBMITTAL DATE: Feb. 15, 2018 SUBMITTED BY: Phill Conner REVIEWED BY: ATTACHMENTS: Budget Information Expenditure amount: $ N/A Budget amount: $ N/A BACKGROUND INFORMATION The City s natural gas provider, Municipal Energy Resources Corporation (MuniGas), requested that we renew the letter of credit that expires on March 17, 2018 for another year. MuniGas reviews the City s gas purchases each year as well as the cash balance in the Utility Fund. If the cash balance in the Utility Fund that can be expected to be allocated to paying for natural gas purchases is not equal to or greater than four times our estimated monthly bill, they request a letter of credit. The amount of the letter of credit is two times our average estimated monthly usage. First State Bank of Uvalde has indicated that they are willing to provide the letter of credit. They have asked that the City Council take action approving the request for the letter of credit. The letter of credit will be secured by a Certificate of Deposit that we have with First State Bank of Uvalde.

13 RECOMMENDED ACTION The City Council approves the request for a letter of credit agreement between the City of Uvalde and Municipal Energy Resources Corp. in the amount of $200,000. PAGE 2 OF 2 13

14 14 CITY Uvalde OF UVALDE Texas P.O. BOX 799, (830) FAX: (830) BUSINESS OF THE CITY COUNCIL SUBJECT: Tree Preservation Ordinance AGENDA DATE: Feb. 27, 2018 SUBMITTAL DATE: Feb. 14, 2018 SUBMITTED BY: Susan Anderson REVIEWED BY: Vince DiPiazza, Rick Lara ATTACHMENTS: Proposed ordinance BACKGROUND INFORMATION In 2008, the City passed an ordinance that called for the preservation of trees within the city. Later, there was opposition by some on council toward the ordinance and it was repealed. The ordinance was again proposed in 2011 in a modified form and was passed. The current ordinance is very unclear regarding who makes decisions regarding trees, how decisions are appealed and what alternatives are available to leaving a tree in place. Additionally, the Texas Legislature passed new restrictions on cities ability to regulate tree preservation. While our ordinance appears to be more liberal than the State s regulation, we are changing the method of measurement to match the State s for clarity. RECOMMENDED ACTION Pass the ordinance, which specifies that the Building Official approves tree permits; decisions are appealed to the Board of Adjustment; and requirements for transplanting and replacing trees are specified. This streamlines the ordinance and reduces it in length.

15 15 ORDINANCE NO. AN ORDINANCE OF THE CITY OF UVALDE REPEALING AND REPLACING CHAPTER TREE PRESERVATION, UVALDE CODE OF ORDINANCES; PROVIDING FOR CONFLICTING ORDINANCES; PROVIDING ENFORCEMENT AND PENALTY CLAUSES; PROVIDING OPEN MEETINGS, SEVERABILITY, AND EFFECTIVE DATE CLAUSES; AND PROVIDING FOR RELATED MATTERS. WHEREAS, the City Council of the City of Uvalde find that preserving trees promotes health, safety and welfare of the public by creating an urban environment that is aesthetically pleasing and that promotes economic development through quality of life; and WHEREAS, trees clean the air, reduce energy costs and reduce pollutants entering the watershed; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UVALDE, TEXAS, THAT: Section 1. Findings of Fact. The foregoing recitals are hereby found to be true and correct and are hereby adopted by the City Council and made a part hereof for all purposes as findings of fact. Section 2. Repeal and replace. Chapter Tree Preservation is hereby repealed and replaced with the following: Chapter TREE PRESERVATION A. Applicability. 1. Generally. a. The regulations contained in this division shall apply to any private property located within the city limits that is not the subject of a permit as of the effective date of this provision. b. The regulations contained in this division shall apply to all public property held by or for the benefit of the city or any agency, board or commission thereof in accordance with the provisions of this section. c. The regulations contained in this division shall regulate all activities that result of may result in the removal of heritage trees as defined herein. 2. Activities Exempt. The regulations in this division shall not apply to the clearing of under story necessary to perform boundary surveying of real property or to conduct tree surveys or inventories. Clearing for surveying may not exceed a width of two feet for general survey (i.e. of easement boundary, etc.) and eight feet for survey of property boundary lines. Except for surveys done in connection with residential development, no tree ten inches or larger may be removed in any manner during such boundary or general surveying. 3. Categories of Development Exempt. The provisions of this section shall not apply to any conservation subdivision. 4. Trees Exempt. This division shall not apply to:

16 16 a. Any heritage tree determined to be diseased, dying or dead by the building official. b. Any heritage tree determined to be causing a danger or be in hazardous condition as a result of a natural event such as a tornado, storm, flood or other acts of the elements that endangers the public health, welfare or safety and requires immediate removal. 5. Floodplain(s). Heritage trees shall be preserved at 100 percent preservation within 1% flood areas. The floodplain shall be determined by the floodplain administrator who can permit removal of a heritage tree if it impeded the flow of water in a floodway. B. Administration. 1. Building Official. The provision of this section shall be implemented by the building official. The provisions contained in this section shall control in the event and to the extent they may conflict with other provisions contained in this chapter that do not relate to health and safety. The building official shall oversee regulation of maintenance and removal of heritage trees and shall enforce and administer the provisions of this section. The building official shall work closely with all city departments and governmental entities and licensees, and franchisees thereof in order to promote and ensure the maximum protection of trees by the implementation and administration of this section. Heritage trees may only be removed after a tree removal permit has been issued. The building official may approve a permit for removal, transplant, or replacement as specified in this division or deny a tree removal permit. 2. Building Permits. a. Any applicant for industrial, commercial or residential building permits shall be provided a copy of the city tree preservation ordinance. b. Any applicant for industrial, commercial or residential building permits shall sign a statement that they have read and understand the city tree preservation ordinance before any building permits are issued. 3. Stop Work Order. Whenever a continuous violation of the tree preservation ordinance will materially impair the city s direct ability to secure compliance with the tree preservation ordinance, when the continuous violation threatens the health or safety of the public or when the continuous violation threatens or harms the environment the building official may issue a stop work order specifying the violation and prohibit any work or activity at the site. The posting of the stop work order on the site shall be deemed adequate notice of the stop work order. Failure to comply with a stop work order shall constitute a violation of the tree preservation ordinance. 4. Variance Procedure. A person who feels they qualify for a variance from the literal application of this division to their property may request a variance from such application of one or more provisions of this division. All requests for variances shall be made in writing to the building official, and shall include:

17 17 a. The subject of the requested variance; b. The justification for granting a variance; and c. An application for variance to the zoning board of adjustments. The zoning board of adjustment may recommend additional replacement standards or deny the application for permit. Such action may be appealed as provided for in Texas Local Government Code Chapter 211. C. Heritage Tree Designations. A heritage tree means a tree of 10 inches or greater measured in diameter 4.5 feet above the ground for the following tree species: live oak, pecan, cypress, cedar elm, and mesquite. D. Tree Preservation Incentives. An individual may apply for, and subject to verification, shall receive incentives for tree preservation as follows: 1. Parking Space Reduction. Upon application and verification by the building official, an individual shall be entitled to a reduction in the minimum parking requirements of section to help meet the minimum tree preservation requirements. For the purposes of providing an incentive, the said minimum parking requirements of section may be reduced by one parking space for every four diameter inches of threes that have been protected. The building official shall issue a certificate confirming that a reduction has been earned under this section. Up to 15 percent of the required spaces may be waived; however, the Zoning Board of Adjustment must approve a waiver in excess of 15 percent of the required spaces. A waiver of up to 50 percent of the minimum parking spaces required by section may be granted if the plan will result in the preservation of woodland stands of trees in a natural state. If used, the incentive provided by this subsection shall control over any other conflicting provision of this chapter. 2. Sidewalks. Where the building official determines that preservation of trees warrants the elimination, reduction in width, or modification to the sidewalk and curb requirements in accordance with the tree preservation standards, a waiver may be granted. 3. Tree Clusters. In order to emphasize the importance of preserving trees in a cluster during development, additional tree preservation credit will be given as follows: a. Clusters of three or more trees less than ten fee apart without existing under story will be calculated at 105 percent for each tree within the cluster with a minimum size of two and one-half inch diameter. b. Clusters of three or more trees less than ten feet apart with existing under story will be calculated at 115 percent for each tree within the cluster with a minimum size of two and one-half inch diameter. 4. Minimum Lot Size and Setbacks. The board of adjustment may waive the minimum lot size and setback requirements of the applicable zoning district for an individual lot or lots where the applicant demonstrates the following:

18 18 a. Compliance with the minimum lot size or setback requirement is needed to preserve a heritage tree; b. If the tree permit application is pursuant to a proposed subdivision plat, the average lot size of the proposed subdivision will equal or exceed that of the applicable zoning district; c. The public purpose involved in protecting the trees exceeds the public purpose of complying with minimum lot size or setback requirements; and d. The resulting lot sizes or setbacks do not violate the master plan or the applicable neighborhood plan. E. Root Protection Zone. A root protection zone must be established around the trunk of each tree preserved or mitigation tree. For multi-family and nonresidential construction, the root protection zone shall be an area defined by an average radius extending outward from the trunk of the tree a distance of one linear foot for each inch (diameter 2 feet above the ground). The root protection zone area shall be preserved at natural grade, with natural groundcover. No cutting, filling, trenching, root disturbance, soil disturbance or construction impacts shall occur closer to the trunk than one-half the root protection zone radius except in parking areas where approved alternative materials and methods are used, construction may be as close as five feet from the root flares on one side of the tree. Filling shall be allowed to accomplish water conservation goals established by the city. Native under story vegetation within the root protection zone shall be preserved, however this requirement does not apply to root protection zone areas that have been landscaped using native, drought tolerant plants. The root protection zone may be shifted and clustered as long as there is no construction closer to the trunk than one-half the root protection zone radius. The construction of sidewalks shall be allowed in the root protection zone, as long as excavation does not exceed three inches. The area contained within a root protection zone required under this subsection must be left in a previous condition after construction and development are completed. During construction activity on the site, at least a six-inch layer of course mulch shall be placed and maintained over the root protection zone. The impervious cover may encroach within the root protection zone if said encroachment is approved by the building official. F. Tree Protection During Construction. 1. Generally. It is the applicant s responsibility to insure that all parts of the tree preservation plan are transferred to each appropriate person concerned with the development project. 2. Protection Barrier. A protection barrier shall be erected at the edge of the root protection zone for all trees, under story and/or natural areas to be preserved to meet the requirements of the tree preservation, landscape and/or streetscape standards. The barrier shall be in place before any site work is initiated and maintained throughout the construction process. This protective barrier may be comprised of snow fencing, vinyl construction fencing, chain link geotextile material or other similar sturdy material. During construction, no excess soil, additional fill, equipment, liquids or construction debris shall be placed inside the protective barrier nor shall any soil be removed within the barrier. 3. Grading. The proposed finished grade within the root protection zone of any tree to be preserved shall not be raised or lowered more than three inches. Approved welling methods for

19 19 tree preservation may be used within the root protection zone. Other welling and/or retaining methods may be used to protect and/or provide lateral support to the area outside the root protection zone. 4. Equipment/Vehicle Storage and Parking Areas. Prior to construction or land development, the developer or builder shall establish designated parking areas for the parking and maintenance of all vehicles, trailers, construction equipment, and related items, as well as stockpile areas for the storage of construction supplies and materials. The location and dimensions of said designated areas shall be clearly identified on construction and site plans and at the construction site. 5. Boring of Utilities. a. For purposes of this subsection, boring means the practice of tunneling below the effective root system of a tree for the purpose of running underground utilities. b. Boring is permitted, but not required, under protected trees where needed to provide underground utility access. The minimum length of the bore shall be the width of the tree s canopy. The minimum depth is 24 inches. 6. Tree Protection Details. Tree protection notes and details shall be included on subdivision plans, tree preservation plans and/or landscape plans. The applicant shall also include tree protection notes and details with the bid documents given to the contractor. G. Branch/Root Pruning and Wounded Trees. All broken branches and exposed roots two inches in diameter or greater of heritage or mitigation trees shall be cut cleanly. In the case of oak species, in order to prevent infection by oak wilt spores, wounds must be painted with an acceptable wood dressing within one hour. H. General Planting Standards. 1. Planting Standards. a. No artificial plan materials may be used to satisfy the requirements of this section. b. Each replacement tree shall be a minimum of three inches (3 ) in caliper, a minimum of ten feet (10 ) in height and a minimum of five feet (5 ) in spread when planted. c. Each replacement tree must be planted at least 30 inches away from any impervious surface. d. Plant areas must be protected from vehicular traffic through the use of concrete curbs, wheel stops or other permanent barriers. e. No landscape tree or other material shall be planted in the vicinity of any corner or intersection to create a visibility obstruction. A 15 foot visibility triangle shall be required, in which any obstruction 24 inches to 7 feet above grade shall be prohibited. 2. Transplanting Existing Transplanting existing trees shall be considered an acceptable method for preserving a tree if: a. The tree is a heritage tree;

20 20 b. The tree is transplanted on the same lot, parcel, or development site; and c. The applicant provides a feasibility report prepared by a certified arborist or landscape architect which describes the following: 1. Digging method; 2. Relocation sites; 3. Method of transport; 4. Time of year transplanting will take place; 5. Storage methods (if any); and 6. Maintenance programs before, during and after transplanting. d. The applicant shall comply with the requirements of the feasibility report, which shall be considered a condition of the tree permit. * * * * * Section 3. Penalty Clause. Any person who shall violate any of the provisions of this ordinance, or shall fail to comply therewith, or with any of the requirements thereof, within the City limits shall be deemed guilty of an offense and shall be liable for a fine not to exceed the sum set out in Section of this Code. Each day the violation exists shall constitute a separate offense. Proof of a culpable mental state shall not be required to establish a violation of this ordinance. Such penalty shall be in addition to all the other remedies provided herein. Section 4. Savings Clause. All rights and remedies of the City of Uvalde are expressly saved as to any and all violations of the provisions of any ordinances affecting trees which have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Section 5. Effective Date. This Ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Tex. Loc. Gov t. Code and the City Charter. Section 6. Severability. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable and, if any phrase, sentence, paragraph or section of this Ordinance should be declared invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation into this Ordinance of any such invalid phrase, clause, sentence, paragraph or section. If any provision of this Ordinance shall be adjudged by a court of competent jurisdiction to be invalid, the invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision, and to this end the provisions of this Ordinance are declared to be severable. Section 7. Open Meetings. It is hereby officially found and determined that the meeting at which this Ordinance is passed was open to the public as required and that public notice of the time, place and purpose of said meeting was given as required by the Open Meetings Act.

21 21 PASSED AND APPROVED on this the day of, The City of Uvalde, Texas ATTEST: Don McLaughlin, Jr., Mayor Sorayda Sanchez, City Secretary

22 22 CITY Uvalde OF UVALDE Texas P.O. BOX 799, (830) FAX: (830) BUSINESS OF THE CITY COUNCIL SUBJECT: Consider and act upon a resolution regarding a financing agreement for the purpose of procuring golf course related equipment. AGENDA DATE: February 27, 2018 SUBMITTAL DATE: Feb. 15, 2018 SUBMITTED BY: Phill Conner REVIEWED BY: ATTACHMENTS: Financing proposal from Government Capital Corp. and resolution. Budget Information Expenditure amount: $ 204, Budget amount: $ N/A BACKGROUND INFORMATION At the October 24, 2017 City Council meeting, the Golf Course was given the authority to enter into a lease agreement with Professional Turf Products, L.L.P. for several pieces of equipment that were currently being leased. However, the City Attorney was uncomfortable with the terms of the lease agreement and suggested that we secure financing for the equipment from another source. The City has financed police cars through Government Capital Corp on two different occasions. Government Capital is willing to finance the purchase of the golf course equipment. The attached proposal from Government Capital Corp. shows the cost of financing the equipment for three or four years. Their proposal also states that payments on the equipment will not begin until March RECOMMENDED ACTION The staff recommends that the City Council approves the resolution for the financing of Golf Course equipment through Government Capital Corp for a period of three years.

23 February 14, 2018 Mr. Phill Conner Uvalde City Hall Dear Mr. Conner, Thank you for the opportunity to present proposed financing for the City of Uvalde. I am submitting for your review the following proposed structure: ISSUER: FINANCING STRUCTURE: City of Uvalde, Texas Public Property Finance Contract issued under Local Government Code Section EQUIPMENT COST: $ 204, TERM: 3 Annual Payments 4 Annual Payments INTEREST RATE: 3.991% 3.991% PAYMENT AMOUNT: $ 73, $ 56, PAYMENTS BEGINNING: March 2019, and annually thereafter Financing for these projects would be simple, fast and easy due to the fact that: We have an existing relationship with you and have your financial statements on file, expediting the process. Please keep in mind we may also need current year statements. We can provide familiar documentation for your legal counsel. Government Capital is registered with Texas Ethics Commission to be HB 1295 compliant. The above proposal is subject to audit analysis, assumes bank qualification and mutually acceptable documentation. The terms outlined herein are subject to change and rates are valid for fourteen (14) days from the date of this proposal. If funding does not occur within this time period, rates will be indexed to markets at such time. Our finance programs are flexible and my goal is customer delight. If you have any questions regarding other payment terms, frequencies or conditions, please do not hesitate to call. With Best Regards, Drew Drew Whitington Client Services Main: The transaction described herein is an arm s length, commercial transaction between you and Government Capital Corporation ( GCC ), in which GCC: (i) is acting solely for its own financial and other interests that may differ from yours; (ii) is not acting as your municipal advisor or financial advisor, and has no fiduciary duty to you with respect to this transaction; and (iii) is not recommending that you take an action with respect to this transaction. 23

24 24 RESOLUTION A RESOLUTION REGARDING A FINANCING AGREEMENT FOR THE PURPOSE OF PROCURING GOLF COURSE RELATED EQUIPMENT. WHEREAS, City of Uvalde desires to enter into a certain Financing Agreement, by and between Government Capital Corporation and the City of Uvalde, for the purpose of financing Golf Course related equipment. The City of Uvalde desires to designate this Agreement as a "qualified tax exempt obligation" of the City of Uvalde for the purposes of Section 265 (b) (3) of the Internal Revenue Code of 1986, as amended. The City of Uvalde desires to designate the City Manager, as an authorized signer of the Agreement. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF UVALDE: Section 1. That the City of Uvalde enters into a Financing Agreement with Government Capital Corporation for the purpose of procuring Golf Course Related Equipment. Section 2. That the Financing Agreement, by and between the City of Uvalde and Government Capital Corporation is designated by the City of Uvalde as a "qualified tax exempt obligation" for the purposes of Section 265 (b) (3) of the Internal Revenue Code of 1986, as amended. Section 3. That the City of Uvalde designates the City Manager, as an authorized signer of the Financing Agreement, by and between the City of Uvalde and Government Capital Corporation. This Resolution has been PASSED and APPROVED by the Council of the City of Uvalde in a meeting held on day of, City of Uvalde Witness Signature X Mayor Signature Printed Name: Title: Mayor X City Secretary Signature Printed Name: Title: City Secretary

25 25 CITY Uvalde OF UVALDE Texas P.O. BOX 799, (830) FAX: (830) BUSINESS OF THE CITY COUNCIL SUBJECT: Consider and act on a resolution cancelling the General Election for Saturday May 5, AGENDA DATE: 02/27/2018 SUBMITTED BY: Sorayda A. Sanchez SUBMITTAL DATE: REVIEWED BY: Vince DiPiazza ATTACHMENTS: Resolution Budget Information Expenditure amount: $ Budget amount: $ Notes: BACKGROUND INFORMATION All candidates for the upcoming May 5, 2018 election were unopposed and or incumbents. Therefore they are deemed elected and will be sworn in and take seat at the May 8, 2018 City Council Meeting. RECOMMENDED ACTION Cancel May 5, 2018 election.

26 26 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UVALDE, TEXAS, DECLARING THE CANDIDATE FOR MAYOR-AT-LARGE- DON MCLAUGHLIN, JR., THE CANDIDATE FOR COUNCILPERSON DISTRICT 1, EVERARDO LALO ZAMORA, THE CANDIDATE FOR COUNCILPERSON DISTRICT 3, ROGELIO M. MUÑOZ, AND THE CANDIDATE FOR COUNCILPERSON DISTRICT 5, ERNEST W. CHIP KING, UNOPPOSED; DECLARING THE CANDIDATE FOR MAYOR-AT-LARGE DON MCLAUGHLIN, JR., THE CANDIDATE FOR COUNCILPERSON DISTRICT 1, EVERARDO LALO ZAMORA, THE CANDIDATE FOR COUNCILPERSON DISTRICT 3, ROGELIO M. MUÑOZ, AND THE CANDIDATE FOR COUNCILPERSON DISTRICT 5, ERNEST W. CHIP KING, ELECTED; CANCELLING THE ELECTION FOR POSITION OF MAYOR AT- LARGE AND SINGLE-MEMBER DISTRICTS 1, 3 AND 5; REPEALING ALL RESOLUTIONS OR PARTS OF RESOLUTIONS INCONSISTENT OR IN CONFLICT HEREWITH; CONTAINING A SEVERABILITY CLAUSE; CONTAINING AN OPEN MEETINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to City of Uvalde Resolution No , adopted on February 13, 2018, a general municipal officers election was ordered to be held on May 5, 2018, for the purpose of electing four officials of the City, to wit: Mayor-at-large and Councilpersons for Districts 1, 3 and 5; and WHEREAS, pursuant to said Resolution No and Sections and of the Texas Election Code, the deadline for filing applications for a place on the ballot and declaration of write-in candidacy for the City's municipal officers election has expired; and WHEREAS, the City Secretary, in accordance with Section 2.052, Texas Election Code, has certified to the City Council in writing that Don McLaughlin is unopposed for election to the office of Mayor-at-large Position; Everardo Lalo Zamora is unopposed for election to the office of Councilperson District 1, Rogelio M. Muñoz is unopposed for election to the office of Councilperson District 3; and Ernest W. Chip King is unopposed for election to the office of Councilperson District 5; and a copy of such Certification of Unopposed Candidates labeled Exhibit A is attached hereto and made a part hereof; and WHEREAS, the City Council hereby finds and determines that Don McLaughlin, Jr., Everardo Lalo Zamora, Rogelio M. Muñoz, and Ernest W. Chip King, candidate for Mayor-at-large, and Councilperson District 1, Councilperson District 3, and Councilperson District 5, respectively, whose names are to appear on the ballot in said election are unopposed; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UVALDE, TEXAS: Section 1. The facts and matters set forth in the preamble of this Resolution are hereby found to be true and correct. Section 2. In accordance with Section 2.053, Texas Election Code, Don McLaughlin, Jr., Everardo Lalo Zamora, Rogelio M. Muñoz, and Ernest W. Chip King are hereby declared duly elected to the respective offices shown and shall be issued a certificate of election in the same manner and at the same time as provided for a candidate elected at the May 5, 2018 election: Don McLaughlin, Jr. Mayor-at-large Everardo Lalo Zamora Councilperson District 1 Rogelio M. Muñoz Councilperson District 3 Ernest W. Chip King Councilperson District 5

27 27 Section 3. Pursuant to Section 2.053, Texas Election Code, the general municipal officers election heretofore called and ordered pursuant to City of Uvalde, Resolution No , for the 5 th day of May, 2018, shall not be held; and the City Secretary is hereby directed to cause a copy of this Resolution to be posted on election day, same being May 5, 2018, at the polling places that would have been used in such election. Section 4. All Resolutions or parts of Resolutions inconsistent or in conflict herewith are, to the extent of such inconsistency or conflict, hereby repealed. Section 5. In the event any clause, phrase, provision, sentence, or part of this Resolution or the application of same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City Uvalde, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, whether there by one or more parts. Section 6. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this Resolution and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. PASSED and APPROVED on this the 27 th day of February, CITY OF UVALDE ATTEST: By: Don McLaughlin, Jr., Mayor Sorayda A.Sanchez, City Secretary APPROVED: Paul Tarski, City Attorney

28 EXHIBIT A CERTIFICATION OF UNOPPOSED CANDIDATES CERTIFICACION DE CANDIDATOS UN/COS To: Al: Presiding Officer of Governing Body Presidente de la entidad gobernante As the authority responsible for having the official ballot prepared, I hereby certify that the following candidates are unopposed for election to office for the election scheduled to be held on Saturday, May 5, Como autoridad a cargo de la preparación de la boleta de votación oficial, por la presente certifico que los siguientes candidatos son candidatos únicos para elección para un cargo en la elección que se llevará a cabo el sábado, el 5 de mayo del Office and name of candidate: Cargo y nombre de el/la candidato/a: MAYOR (Alcalde) Donald McLaughlin JR. COUNCIL MEMBER DISTRICT 1(membro de concilio) Everardo Lalo Zamora COUNCIL MEMBER DISTRICT 3 (membro de concilio) Rogelio M. Muñoz COUNCIL MEMBER DISTRICT 5 (membro de concilio) Ernest W. Chip King Signature (Firma) Sorayda A. Sanchez Printed Name (Nombre en tetra de molde) City Secretary Title (Puesto), 2018 Date of signing (Feclla defirma) (Seal) (sello) 28

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33 33 CITY Uvalde OF UVALDE Texas BUSINESS OF THE CITY COUNCIL SUBJECT: Ordinance amending Chapter 2.88 of the Code of Ordinances pertaining to grave ornamentation at Hillcrest Cemetery AGENDA DATE: 2/27/18 SUBMITTAL DATE: 2/23/18 SUBMITTED BY: City Manager REVIEWED BY: ATTACHMENTS: draft ordinance Budget Information Expenditure amount: $ Budget amount: $ BACKGROUND INFORMATION This agenda item follows up on the citizens input discussion at the last council meeting concerning the placement of small lights on gravesites at Hillcrest Cemetery. The attached ordinance modifies the existing language in the Code of Ordinances making it clear that lights are allowed, as long as they are contained within the receptacles/vases that are attached to grave markers in the cemetery. It still does not permit the placement of multiple lights on the ground around gravesites RECOMMENDED ACTION The input we received at the last council meeting was rather limited, so it s probably unreasonable to expect that this ordinance will satisfy most of the citizens who had been concerned. However, it appears to staff to be a modest and reasonable compromise.