CITY COUNCIL AGENDA. REGULAR MEETING Tuesday, November 14, :00 p.m. COUNCILMEMBERS:

City of Uvalde CITY COUNCIL AGENDA REGULAR MEETING Tuesday, November 14, 2017 6:00 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 1

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, NOVEMBER 14, 2017 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. 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 October 24, 2017 Regular City Council Meeting. Pg.5 5B. Consider and act on payment of bills over $5,000.00 from October 20, 2017 through November 9, 2017. Pg.11 5C. Consider and act on approving an interlocal agreement with the Uvalde County Appraisal District. Pg.13 5D. Consider and act on the confirmation and approval of the Mayor s appointments and reappointments to the Hotel Tax Committee-CVB, pursuant to Article II, Section 13, of the City Charter. Tom Austin-Reappointment-Treasurer/Historian Rep. Tom Schliesing-Reappointment-At Large Rosalinda De Leon-Appointment-Lodging/Holiday Inn Express 6. PUBLIC HEARING AND ZONING MATTERS 6A. Case File 17-17PZ Open a public hearing to consider and act on the request of Laughlin Ventures, LLC Carlos Lopez, applicant, to re-subdivide property on FM 1052 crossroad Ft. Clark Rd, Laughlin Estates Unit 2 to subdivide 1.52 acres of the Gertrude Tarin, Survey 1062, Abstract 496, City of Uvalde, Uvalde County, Texas. Lots will be divided into 10 lots all as single-family dwellings zoned as residential 2 district. Lots 1-3 located inside City limits and lots 4-10 located outside City. 1. Staff Presentation. 2. Public Hearing. 3. Action on subdivision Request. Pg.20 2

7. NEW BUSINESS 7A. Consider and act on Ordinance 2017-17 amending Chapter 8.20 of the Code of Ordinances pertaining to the storage of residential solid waste containers and collection of excess household garbage. Pg.36 7B. Consider and act on casting an official ballot and distribution of votes for the three directorships for the Uvalde County Appraisal District to serve a two-year term.pg.39 7C. Consider and act on the request of Andrew Hagen to renew services with Nixle 360 and enter a one year contract in the amount of $8,500.00 for emergency and community notification for the City of Uvalde. Pg.41 7D. Consider and act on the request of the Uvalde Police Department to approve a purchase of a used vehicle from Griffith Ford. Pg.44 7E. Consider and act on pay request #4 from A.E. Hiller & Sons, Inc. for work performed on Option 1 Phase 2 of the 2015 Street Improvement and Drainage project. Pg.45 8. 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 551.072 regarding possible sale of real property. 8B. Convene into executive session pursuant to Section 551.087 regarding economic development negotiations. 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 of real property. 9B. Reconvene into open session and take action as deemed appropriate in the City Council s discretion regarding economic development negotiations. 10. ADJOURNMENT Certificate: I certify that the above and foregoing notice was posted in compliance with 551.043, Texas Government Code at 4:00 P.M. on November 9, 2017. 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) 278-3315. In this 3

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. 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 9 day of November 2017 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, 2017. Title: 4

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, October 24, 2017, with the following members present: Don McLaughlin, Jr. Margaret Palermo John Flores, Jr. Rogelio Muñoz Stephen Balke Chip King Also present: Vince DiPiazza Joe A. Cardenas Paul Tarski Alex Wegrzyn Sorayda A. Sanchez Susan Anderson Rob Fowler Jovita Maldonado Laura Mojica Mayor Councilmember Councilmember Councilmember Councilmember Councilmember City Manager Assistant City Manager City Attorney Deputy City Attorney City Secretary Director of Planning and Development Parks and Recreation Coordinator Code Enforcement Officer Permit Technician Agenda Item No. 1 - Call Meeting to Order Mayor Don McLaughlin, Jr. called the meeting to order at 6:00 p.m. Agenda Item No. 2 - Invocation Councilman Stephen Balke Agenda Item No. 3 - Pledge of Allegiance Agenda Item No. 4 Presentations, Proclamations, and Recognitions 4A. Proclamation declaring November 16, 2017 as National Pancreatic Cancer Awareness Day. 4B. Presentation by Leadership Development Events Team from Sabinal High School on Agriculture Issues. The Leadership Development Events Team from Sabinal High School did a presentation on the topic of H-2A Program. Agenda Item No. 5 Citizen s Input 5A. 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 Elsa Crawford addressed Mayor and Council in reference to the garbage can issues discussed at previous Council meeting. She suggested having citizens place their garbage cans behind their home and out of sight. So as to help with the 5

appearance of the front yard. Ms. Crawford also mentioned the concerns she recently addressed at a previous City Council meeting. At that meeting she asked Mayor and Council to consider converting the Post Office Plaza into a one-way street. Ms. Crawford was recently informed by a Post Office employee that the City s Street Department will re-paint the handicap parking lines as well as the parking lines of the Post Office. There was no confirmation to Ms. Crawfords information. She asked if it was true if the City please consider converting the Post Office Plaza into a one-way street. Finally, Ms. Crawford asked if police escorts (not mandated escorts for wide loads) could be brought to a minimum. Agenda Item No. 6 Reports 6A. Report by Debra Stifflemire, Executive Director of the Uvalde Convention & Visitors Bureau for the 3 rd Quarter months of April through June 2017. Debra Stifflemire, Executive Director of the Uvalde Convention & Visitors Bureau reported that for the months of April through June 2017 the Hotel/Motel Tax Collections came in at $92,153.89. That is a $9,354.45 increase from last year s third quarter. Hotel occupancy averaged 70% for the months of April through June 2017. Profit loss report $84,713.57 total expense $98,276.43, net income loss $13,562.86. Balance sheet reflects total assets of $567,651.82. Updates: Started the process with Opera House on the lighting project. The first payment on $100,000.00 project has been made. The project is set to start on November 6, 2017 and should take approximately two weeks to complete. 6B. Report by Susan Rios, Main Street Manager & Civic Center Manager for the 3 rd Quarter months of April through June 2017. Susan Rios, Main Street Manager & Civic Center Manager reported that for the 3 rd quarter, Income collections for the months of April through June were $6,732.50, which is a $314 decrease from 3 rd quarter of 2016. There were 39 events held during the months of April through June, 31 were complimentary uses. There were changes made to the Civic Center, three weeks ago an ice machine was an ice machine installed. After the holiday season, the interior of the Civic Center will be painted. Main Street has been extremely busy in the last few months. A children s activity book has been designed and will be distributed at schools grades Pre-K through Second in Uvalde County. Designed and selling a Christmas ornament to help offset some of the cost of the program. First ever Halloween costume contest was held on Four Square Friday in October. In addition, a window-decorating contest among businesses was held. There were two movie nights held; one of which had 145 people attend. Currently façade grants are available; there have been 12-15 applications picked up. There two new businesses opening downtown. In the process of hosting fundraisers for the fountain project. Mayor asked about the Civic Center s air conditioning system. Susan notified Mayor and Council that it still leaks, and she feels that due to the lack of maintenance a new air conditioning system will be needed sooner rather than later. 6

Agenda Item No. 7 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.) 7A. Consider and act on the Minutes of the October 10, 2017 Regular City Council Meeting. 7B. Consider and act on payment of bills over $5,000.00 from October 6 2017 through October 20, 2017. 7C. Consider and act on the confirmation and approval of the Mayor s appointment of Jose Saucedo to the Planning and Zoning Commission, pursuant to Article II, Section 13, of the City Charter. Councilman Chip King motioned to accept all items on Consent Agenda, 7A-7C. Councilman Stephen Balke seconded the motion. Motion for approval of Consent Agenda carried 6-0. Agenda Item No. 8 New Business 8A. Consider and act on Ordinance 2017-17 amending Chapter 8.20 of the Code of Ordinances pertaining to the storage of residential solid waste containers and collection of excess household garbage. Assistant City Manager Joe A. Cardenas explained to Mayor and Council that this is something that was addressed at the last City Council meeting. The way it reads is contrary to what we were initially asked to change. The intention of the original ordinance is that once your trashcans are serviced you move the trashcan back even or behind the front of the home. The current language reads to the front of the house, which has several interpretations. It can be immediately behind the front of the house, or the side yard of the house, or immediately behind the property line. The suggested change to the ordinance will read behind the front of the residence. Councilman Rogelio Muñoz mentioned that this could also be interpreted several ways. He interprets the word behind, as the back of the house. Mr. Cardenas explained it does not necessarily mean the back yard it can be immediately behind the home on the side. It may also be even with the residence. Mayor Don McLaughlin, Jr. asked as far as properties that are fenced, do we offer an exception? Several examples were provided to Mayor and Council that referenced the fencing issue. Mr. Cardenas did mention that language could be added to the ordinance to state something similar to the following: fenced property owners will be in compliance provided they bring their trashcans inside their fenced yard. Councilman Chip King motioned to table item 8A for more language. Mayor Don McLaughlin, Jr. seconded the motion. Motion carried 6-0. 8B. Consider and act on Inter-Local agreements with entities that received funding in the City s 2017-18 Budget. Mr. Cardenas explained to Mayor and Council that these agreements are with the non-departmental entities that we assist with funding. Councilman Chip King 7

motioned to approve item 8B. Councilman Stephen Balke seconded the motion. Motion carried 6-0. 8C. Consider and act on the request of Clint Baack to enter into a three year lease agreement in the amount of $204,765.80 with Professional Turf Products, L.L.P. for the City of Uvalde Memorial Park Golf Course and Parks Department. Director of Parks and Recreation Clint Baack explained to Mayor and Council that this is a lease renewal with Professional Turf Products, L.L.P (Toro). The Toro Company performs routine maintenance on the leased equipment free of charge. Councilman John Flores, Jr. asked if Clint had to look for quotes. Clint explained he did not because this vendor is on the Government Buyboard. Councilman Rogelio Muñoz asked if we owned the equipment that is leased, Clint explained that we do not and that every three years the equipment is replaced. Councilman Muñoz feels that entering in the lease will be a wrong decision. Clint explained that the equipment is not only used at the Golf Course, it is used at all parks Citywide. He also mentioned that in prior years $80,000-$90,000 was budgeted for equipment repairs, which is more than the current lease amount. Councilman Chip King mentioned that a good way to look that this is the cost of the lease is less than one piece of equipment, and with the lease, you get several pieces of equipment not just one. Councilman Rogelio Muñoz asked if Clint has researched what other Municipal Golf Courses do, as far as equipment. Clint mentioned that most Golf Courses lease their equipment. Councilman John Flores, Jr. motioned to approve item 8C. Councilman Stephen Balke seconded the motion. Councilman Rogelio Muñoz opposed the motion. Motion carried 5-1. 8D. Consider and act on the request of Clint Baack to purchase a Toro Groundmaster 4000 mower for $22,000.00. Director of Parks and Recreation Clint Baack explained to Mayor and Council that this piece of equipment is the current one on the lease. The back-up 4,000 gave out this year. Clint would like to purchase the one that is currently on the lease instead of going out and purchasing a used one that may not be in good shape. The cost to purchase from the lease is $22,000.00. Machine was serviced last week and is in great condition. Councilman Stephen Balke motioned to approve item 8D. Councilman John Flores, Jr. seconded the motion. Motion carried 6-0. 8E. Consider and act on a proposed change order #7 in the amount of $62,857.08 as part of the 2015 Street & Drainage Improvement Project. Assistant City Manager Joe A. Cardenas explained to Mayor and Council that this change order pertains to Ft. Clark Rd. section just west of Benson Rd. This area was originally scheduled for an overlay. However, after careful observation it was later decided to compact it and do a chip seal before overlay was done. That work changed the cost amount of the project. Councilman Stephen Balke motioned to approve item 8E. Councilman John Flores, Jr. seconded the motion. Motion carried 6-0. 8

8F. Consider and act on pay request #17 from J R Sitework, Inc. in the amount of $255,352.78 for work on the 2015 Street Improvement and Drainage Project. Assistant City Manager Joe A. Cardenas explained to Mayor and Council that this is money that is owed to the contractor for work that has been completed. The last payment was made in March of 2017. City Engineer John Rothe explained to Mayor and Council that JR Sitework has completed the work for The City of Uvalde. This payment was not brought before Council because there were several issues that needed to be resolved prior to the request. Those issues have been resolved and they are requesting final payment. Mayor asked about the retainage and if contractor had been given that money. Mr. Rothe stated that the final payment and retainage had not been obtained by contractor. Mayor and Council would like a final walk through before retainage is released to the contractor. Councilman Stephen Balke motioned to approve item 8F. Councilman Chip King seconded the motion. Councilman Rogelio Muñoz abstained. Motion carried 5-0- 1. 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: 9A. Convene into executive session pursuant to Section 551.072 regarding possible sale of real property. Executive session began at 7:00PM. 9B. Convene into executive session pursuant to Section 551.087 regarding economic development negotiations. Agenda Item No. 10 Reconvene from Executive Session 10A. Reconvene into open session and take action as deemed appropriate in the City Council s discretion regarding the sale of real property. Reconvened from executive session at 7:11PM. No action taken. 10B. Reconvene into open session and take action as deemed appropriate in the City Council s discretion regarding economic development negotiations. Realtor Chad Foster explained to Mayor and Council that the building (Rexall) is under contract and the purchase has not been finalized. The building has remained vacant for several years. Economically speaking, it will take a lot to get it up to speed, which is why Mr. Foster and Mr. downing have approached Mayor and Council for help with this project. They believe that they would greatly benefit from the Economic Development Program that is offered through the City of Uvalde. They shared their plans for the building with Mayor and Council. They plan on dividing the building into three spaces. The first area would be a soda fountain, second multiple retail spaces, and lastly attorney offices. Councilman Rogelio Muñoz explained to Mr. Foster that based on the discussion in executive session Mayor and Council have reached a consensus and are generally in favor 9

of the proposal. They feel that in order to incentivize people that want to invest money in the downtown area these are the types of incentives that need to be provided. No formal action can be taken because a formal application has not been filed. The application will include the caveat; provided that there is an agreement that the company will spend the money they are saying they are going to spend to improve the building. Agenda Item No. 11 Adjournment Councilman Chip King motioned for adjournment. Councilman Stephen Balke seconded the motion. Motion carried 6-0. Meeting adjourned at 7:18 P.M. Attest: Don McLaughlin, Jr., Mayor Sorayda A. Sanchez, City Secretary 10

Accounts Payable in Excess of $5,000.00 For Period Ending November 9, 2017 Requesting Approval to Release Payment Name Description Department Account Number and Amount Authorized/Verified By ***The following items have already been mailed- due to their due dates. *** TML Intergovernmental Medical, Dental & $117,004.86 V Dipiazza Vision GEO Cam Geophysical gamma Water 711-81-00-6402 V Dipiazza & calibrate plus log $5,325.00 Maxey Energy Unleaded & Diesel Service Center 100-00-00-1413 V Dipiazza Fuel $5,152.45 Maxey Energy Unlease & Diesel Service Center 100-00-00-1413 V Dipiazza Fuel $5,598.21 Everbridge Nixle 360 I.T. 300-10-00-6402 V Dipiazza $8,500.00 TCEQ State/Fed Mandated Sewer 711-83-00-6366 V Dipiazza Fees $16,398.77 TCEQ Landfill Inspection/State Mandated Fees Landfill 722-86-00-6355 $9,548.69 V Dipiazza Tandem Fuel Service Center 100-00-00-1413 $5,233.00 Public Engines Command Central Police 100-20-00-6300 Analytic $5,899.00 AG Equipment Equipment Purchase Sewer 610-00-00-6708 $8,792.25 V Dipiazza V Dipiazza V Dipiazza *** The following payments are being held and will be released upon approval *** 11

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NOTICE OF A REGULAR MEETING OF THE PLANNING & ZONING COMMISSION OF UVALDE, TEXAS Notice is hereby given of the regular meeting of the Planning and Zoning Commission of the City of Uvalde, Texas, to be held Tuesday, November 7, 2017 at 6:00 PM, in the City Council Chambers, 2 nd floor of City Hall, 101 East Main St., Uvalde, Texas for the following purpose: I. Call Meeting to order. II. Approval of minutes. III. Public Hearing. Citizens who would like to come before the board are to limit their presentations to no more than three (3) minutes. IV. Case File 17-17PZ Open a public hearing to consider and act on the request of Laughlin Ventures, LLC Carlos Lopez, applicant, to re-subdivide property on FM 1052 crossroad Ft. Clark Rd, Laughlin Estates Unit 2 to subdivide 1.52 acres of the Gertrude Tarin, Survey 1062, Abstract 496, City of Uvalde, Uvalde County, Texas. Lots will be divided into 10 lots all as single family dwellings zone as Residential 2 district. Lots 1-3 located inside city limits and lots 4-10 located outside city. a) Open a Public Hearing b) Citizens Comments c) Close Public Hearing d) Reconvene meeting for discussion and decision on application. V. Adjournment. Certificate: I certify that the above and foregoing notice was posted in compliance with 551.043, Texas Government Code at 10:00 A.M., November 3, 2017. Sorayda A. Sanchez City Secretary 20

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CASE SUMMARY CASE FILE # 17-17PZ SITUS: Laughlin Drive (Benson Road & Ft. Clark) LEGAL DESCRIPTION: Gerture Tarin, Survey 1062 Abstract 496 CASE PETITION: Request of Laughlin Ventures, LLC Carlos Lopez, applicant, to re-subdivide property on FM 1052 crossroad Ft. Clark Rd, Laughlin Estates Unit 2 to subdivide 1.52 acres of the Gertrude Tarin, Survey 1062, Abstract 496, City of Uvalde, Uvalde County, Texas. Lots will be divided into 10 lots all as single family dwellings zone as Residential 2 district. Lots 1-3 are located inside city limits and lots 4-10 are located outside city. Arial View No letter required for subdivision. 22

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THE STATE OF TEXAS } COUNTY OF UVALDE } CITY OF UVALDE } Members present: Lauren Nolasco Freitag Paul Martinez Lydia Moss Jimmie Raines Mario Valdez Rodrigo Rodriguez Walter Tidwell Jose Saucedo Members Absent: Joe Suarez Matthew Visel I. CALL MEETING TO ORDER The Planning and Zoning Commission of Uvalde, Texas, Regular meeting of November 7 2017, was called to order by Lauren Nolasco Freitag Chairperson at 6:00 p.m. in City Hall Council Chambers II. III. IV. APPROVAL OF MINUTES Consider and act on the minutes of October 03, 2017 of the Planning and Zoning Commission. Motion to approve minutes made by Rodrigo Rodriguez. Seconded by Lydia Moss. Motion carried 8-0. PUBLIC HEARING CASE FILE 17-17PZ OPEN A PUBLIC HEARING TO CONIDER AND ACT ON THE REQUEST OF Laughlin Ventures, LLC Carlos Lopez, applicant, to re-subdivide property on FM 1052 crossroad Ft. Clark Rd, Laughlin Estates Unit 2 to subdivide 1.52 acres of the Gertrude Tarin, Survey 1062, Abstract 496, City of Uvalde, Uvalde County, Texas. Lots will be divided into 10 lots all as single-family dwellings zone as residential 2 district. Lots 1-3 located inside City limits and lots 4-10located outside City. a) Open a Public Hearing b) Citizens Comments c) Close Public Hearing d) Reconvene meeting for discussion and decision on application Public Hearing opened at 6:01p.m. Director of Planning and Development Susan Anderson explained that this case has come before PZ prior to today. A different plat was approved then that had an east west st. north of ft. Clark. This request is to vacate that plat and to re-plat for ten lots on the west side of the property along Benson Loop. Staff is for this; however, there are some things that need to be addressed. First, the first three lots are located 34

within the City limits, the remaining seven lots will need an OCL request approved by City Council in order to get City water or Sewer. Secondly lots in ETJ are generally R1 not R2. That does not mean they cannot be approved as R2 but we do not typically see lots that are brought in from outside the City Limits as smaller than the largest residential size. The subdivision can still be approved at whatever size requested should committee choose to do so. Engineer of the project Ken Dirksen stated that water and sewer would be provided. Water will be accessed from the water line located on the east side of Benson Loop. Sanitary Sewer will also be provided, there is a manhole located at the intersection of 1052 and Ft. Clark. That sewer line will be tapped into and extended to the North end of the lots. A copy of the plan for the sewer has been provided to Public Works Director Juan Zamora. An additional issue they have run into is access with TX DOT. Benson Loops is a state highway so all the driveways need to be approved by TX DOT. Discussions have started with TX DOT and they have stated that this should be possible. There are over 200 feet to the north that also allows additional entries. Close public hearing at 6:11P.M. Motion to approve Case File 17-17PZ made by Rodrigo Rodriguez. Seconded by Mario Valdez. Motion carried 8-0 V. ADJOURNMENT A motion to adjourn was made by Mario Valdez. Seconded by Jimmie Raines. Motion carried 8-0. Meeting adjourned at 6:13 P.M. Lauren Nolasco Freitag CHAIRWOMAN Sorayda A. Sanchez CITY SECRETARY 35

CITY Uvalde OF UVALDE Texas BUSINESS OF THE CITY COUNCIL SUBJECT: Ordinance amending the code concerning the storage of residential solid waste containers AGENDA DATE: 11/14/17 SUBMITTAL DATE: 11/9/17 SUBMITTED BY: City Manager REVIEWED BY: ATTACHMENTS: draft ordinance Budget Information Expenditure amount: $ Budget amount: $ BACKGROUND INFORMATION To recap, this proposed ordinance was requested by Councilwoman Palermo to eliminate the requirement that residents must stow garbage containers at or behind their residence in between pickups. The council majority did not seem to want to go that far and proposed instead an exemption from the requirement if a resident's front yard is fenced. (The deputy city attorney also proposed some new language to clarify the original requirement.) The attached ordinance draft includes those changes. Before you pass this ordinance, however, and at the risk of drawing the debate out even longer, the council should ask itself a couple of questions: 1. What is the purpose of the requirement to store the garbage container at or behind the front of the residence? 2. If the main concern prompting reconsideration of the requirement is the physical difficulty that some elderly or disabled citizens have in moving the containers, what does the fence exemption do to address that concern? RECOMMENDED ACTION 36

ORDINANCE 2017-17 AN ORDINANCE OF THE CITY OF UVALDE, TEXAS AMENDING CHAPTER 8.20 OF THE UVALDE MUNICIPAL CODE PERTAINING TO RESIDENTIAL SOLID WASTE COLLECTION, REVISING SECTION 8.20.130, PARAGRAPH E, STORAGE OF CONTAINERS, AND REPEALING PARAGRAPH I, EXCESS HOUSEHOLD GARBAGE, PROVIDING PENALTY, CONFLICT, AND SEVERABILITY CLAUSES, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Uvalde has the authority, under the city s home rule charter and state law to provide solid waste collection services and to establish policies and rules under which such services are provided; and WHEREAS, residential solid waste containers left at the curbside can create a safety hazard for vehicles and pedestrians in a residential neighborhood; and WHEREAS, the city council finds that certain solid waste collection rules and policies should be enacted to ensure safe, efficient and user-friendly service to the city s citizen customers; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UVALDE, TEXAS: Section 1. That existing Section 8.20.130, paragraph E, of the Uvalde Municipal Code be amended to read as follows: Container(s) shall be removed from the curbside or designated collection point not later than 9:00 p.m. on the scheduled collection day. Container(s) shall be kept or stored on the premises at or behind the front of the residence, unless the front yard is fenced, in which case the container(s) may be kept anywhere in the front yard. Container(s) observed to be improperly stored at times storage is required shall be removed from the improper location by employees of the solid waste services division, and placed near the front edge of the residence or near the garage area. A tag shall be left on the container handle explaining the infraction and service performed. A fee as stated in the rate schedule section 8.20.160, for this service will be charged to the monthly utility bill. Section 2. That existing Section 8.20.130, paragraph I, of the Uvalde Municipal Code be repealed in its entirety. Section 3. Penalty. That any person, firm, or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine as provided in Section 1.12.010 of the Uvalde Municipal Code. Section 4. Conflicting Ordinances. All prior ordinances of the city are hereby amended to the extent of any conflict herewith. In the event of a conflict or inconsistency between this ordinance and any other code or ordinance of the city, the terms and provisions of this ordinance shall govern. Section 5. Severability. If any provision of this ordinance or the application of 37 any

provision to any person or circumstance is held invalid, such holding shall in no way affect the validity of the remaining provisions or sections of this ordinance which shall remain in full force and effect. Section 6. Effective Date. This ordinance shall take effect upon its adoption by the city council and following publication of the caption or summary, as provided by the City Charter or the Texas Local Government Code. PASSED AND APPROVED, this the day of, 2017. CITY OF UVALDE, TEXAS ATTEST: Don McLaughlin, Mayor Sorayda Sanchez, City Secretary 38

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RESOLUTION NO. 2017-10 WHEREAS, Pursuant to Section 6.03 of the Texas Property Tax Code, the City of Uvalde is a voting member of the Uvalde County Appraisal District; and WHEREAS, by virtue of being a voting member, the City of Uvalde had 353 number of votes; WHEREAS, they are entitled to cast 353 number of votes for the individual(s) to serve as directors of the appraisal district s board of directors; WHEREAS, by virtue of being a voting member, the City of Uvalde desires to vote for the Board of Directors serving a two-year staggered term effective January 1, 2018 for fiscal years 2018-2019; NOW THEREFORE, BE IT RESOLVED that, the City Council of the City of Uvalde desires to distribute its entitled votes in the following manner: Name Dr. Blaine Bennett J. Allen Carnes Elsa Crawford Tony T. Moreno Sergio Porras Votes DULY RESOLVED AND ADOPTED by the City Council of the City of Uvalde, Texas on this Tuesday, 8th day of November, 2016. CITY OF UVALDE, TEXAS ATTEST: Don McLaughlin, Jr., Mayor Sorayda A. Sanchez, City Secretary 40

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CITY Uvalde OF UVALDE Texas P.O. BOX 799, 78802-0799 (830) 278-3315 FAX: (830) 591-2685 BUSINESS OF THE CITY COUNCIL SUBJECT: Purchase of used car for Police Department AGENDA DATE: Nov 14, 2017 SUBMITTAL DATE: Nov 8, 2017 SUBMITTED BY: Phill Conner REVIEWED BY: ATTACHMENTS: Budget Information Expenditure amount: $ 8,464.81 Budget amount: $ N/A BACKGROUND INFORMATION One of the Police Department cars was recently involved in an accident. As a result of the accident, our insurance company, TML, "totaled" the car. The City received a check for $3,719.00 from TML for the car. Quotes were requested from the local car dealers for a used car to replace the wrecked car. The quote that is in the best interest of the City is from Griffith Ford for $8,464.81. The payment from TML will be applied towards the price of this vehicle. The Police Department Forfeiture Fund will be used to pay the balance of $4,745.81. RECOMMENDED ACTION Approve the purchase of a used car from Griffith Ford for $8,464.81 and approve the expenditure of $4,745.81 from the Police Department Forfeiture Fund. 44

CITY Uvalde OF UVALDE Texas P.O. BOX 799, 78802-0799 (830) 278-3315 FAX: (830) 591-2685 BUSINESS OF THE CITY COUNCIL SUBJECT: 2015 Street & Drainage Improvement Project Phase 1 - Option 2 AGENDA DATE: Nov. 14, 2017 Submittal Date: Nov. 9, 2017 SUBMITTED BY: Asst. City Manager REVIEWED BY: ATTACHMENTS: A. E. Hiller & Sons, Inc., pay request #4 Budget Information Expenditure amount: $ Budget amount: $3,807,308.45 BACKGROUND INFORMATION This is pay request #4 for AE Hiller & Sons for work performed on our 2015 Street Improvement and Drainage project through October 25, 2017. The dollar amount of $467,660.89 that s being requested will decrease some per the engineer s recommendation to closer reflect materials on hand. That dollar amount will be made available prior to Tuesday s council meeting. RECOMMENDED ACTION Staff s recommends approval of pay request #4. 45

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