City of Uvalde CITY COUNCIL AGENDA REGULAR MEETING Tuesday, April 28, 2015 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 5 001
1. CALL MEETING TO ORDER 2. INVOCATION 3. PLEDGE OF ALLEGIANCE CITY OF UVALDE, TEXAS REGULAR CITY COUNCIL MEETING 6:00 P.M., TUESDAY, APRIL 28, 2015 CITY HALL COUNCIL CHAMBERS AGENDA 4. MINUTES 4A. Consider and act on the Minutes of the April 14, 2015 Regular City Council Meeting. 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. 6. BILLS 6A. Consider and act on payment of bills over $5,000.00 from April 15, 2015 through April 24, 2015. 7. RECOGNITION 7A. Recognition of the City of Uvalde Finance Department s receipt of the Distinguished Budget Presentation Award from the Government Finance Officers Association. 8. ACKNOWLEDGEMENT 8A. Acknowledge Uvalde Police Detective Shayne Gilland and the Uvalde High School Student who won 3 rd place statewide for participation in the Teens in the Driver s Seat Program. 9. PROCLAMATION 9A. Proclamation declaring May 2015 as Community Action Month. 9B. Proclamation declaring May 7, 2015 as a National Day of Prayer. 10. APPOINTMENT 10A. Consider and act on confirmation and approval of the Mayor s appointment of Mary Lou Williams to the Opera House Advisory Committee, pursuant to Article II, Section 13, of the City Charter. 002
11. REPORT 11A. Report by John E. Rothe, CDS Muery Services on the status of our street improvement project. 11B. Report by Carl Esser, Esser & Company on the status of the following Texas Department of Agriculture projects: TXCDBG #713471 water improvement project, TXCDBG #713087 disaster relief project (Buda Well) and TXCDBG #713114 Planning and Capacity project. 12. NEW BUSINESS 12A. Consider and act on an application for Outside the City Water Services for Rosalinda Silva for property located at 546 FM 481, Uvalde, Texas 78801. 12B. Consider and act on a Resolution affirming the City of Uvalde s support for the creation of a Groundwater Conservation District for Val Verde County. 13. ADJOURNMENT Certificate: I certify that the above and foregoing notice was posted in compliance with 551.043, Texas Government Code at 3:00 p.m. on April 24, 2015. 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 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 24th day of April, 2015 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. Susan M. Conley, 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 April, 2015. Title: 003
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, April 14, 2015, with the following members present: Don McLaughlin, Jr. Margaret Palermo John H. Flores, Jr. Stephen E. Balke Ernest W. Chip King, III Also present: Vince DiPiazza Joe Cardenas Jeff Ulmann Susan Conley Andrew Hagen Eric Herrera John Meyer Mariano Pargas Mike Hernandez Danny Rodriguez Richard Williams Susan Anderson Clint Baack Juan Zamora Mayor Councilmember Councilmember Councilmember Councilmember City Manager Assistant City Manager Knight & Partners City Secretary Municipal Court Judge Uvalde Police Chief Lieutenant Uvalde Police Department Lieutenant Uvalde Police Department Lieutenant Uvalde Police Department Lieutenant Uvalde Police Department Uvalde Fire Chief Director of Planning & Community Development Director of Parks & Recreation Director of Utilities and Sanitation 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 Pastor Ralph Huerta from the First Baptist Church gave the invocation. Agenda Item No. 3 Pledge of Allegiance Agenda Item No. 4 - Welcome 4A. Mayor Don McLaughlin, Jr. welcomed the Uvalde High School Mock City Council Students and Sponsors to the City Council Meeting. 004
Agenda Item No. 5 - Oath of Office Andrew Hagen administered oaths of office to the following individuals: Oath of Office and Introduction of New City Manager: Vincent DiPiazza Oath of Office and Introduction of New Police Officers: Beco Diaz Roberto Ruben Gutierrez, Jr. Oath of Office and Introduction of Code Enforcement: Rick Lara Jovita Maldonado Pablo Limones (to be sworn in at a later date) Agenda Item No. 6 - Appointment Motion made by Councilman Stephen Balke to approve the Mayor s reappointments to the Opera House Advisory Committee, pursuant to Article II, Section 13, of the City Charter for the following individuals. Motion was seconded by Councilman Chip King. Motion carried 5-0. Linda Koehl - Reappointment Linda Ramon - Reappointment Karen Barnes - Reappointment Logan Garnett - Reappointment Mario Rangel - Reappointment Agenda Item No. 7 Minutes 7A. Consider and act on the Minutes of the March 24, 2015 Regular City Council Meeting. Motion made by Councilman Chip King to approve the March 24, 2015 regular City Council minutes. Motion was seconded by Councilman John H. Flores, Jr. Motion carried 5-0. Agenda Item No. 8 Citizen s Input 8A. 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. Alonzo Garcia, a citizen and owner of Big Al s, located at 1104 W. Main Street explained that he was against a zone change from business to residential for his neighbor, Santa Perez. Ms. Perez is on this evening s agenda as an action item for a zone change for property situated at 1106 W. Main Street. Agenda Item No. 9 - Bills 9A. Consider and act on payment of bills over $5,000.00 from March 25, 2015 through April 10, 2015. Motion made by Councilman Stephen E. Balke to approve the bills over $5,000. Mayor Don McLaughlin, Jr. seconded the motion. Motion carried 5-0. 005
Agenda Item No. 10 Proclamations 10A. Proclamation declaring April as Child Abuse Awareness Month. Mayor Don McLaughlin, Jr. read a proclamation declaring April as Child Abuse Awareness Month. 10B. Proclamation declaring April 12-18, 2015 as National Library Week. Mayor Don McLaughlin, Jr. read a proclamation declaring April 12-18, 2015 as National Library Week. Agenda Item No. 11 Public Hearing 11A. Open a public hearing to consider and act on the request of Santa Perez, applicant, for a Zone Change from a Business 2 to Residential 3 to use as a residential property. The property is located at 1106 West Main St., NCB 247, Fairground Subdivision, Block 2, Lot 5, City of Uvalde, Uvalde County Texas. The City of Uvalde opened the Public Hearing on Agenda Item 11A at 6:17 p.m. Santa Perez, applicant and owner of 1106 W. Main Street gave a history of the neighborhood and the re-zoning along that portion of West Main Street. Mr. Garcia, owner of Big Al s, and her neighbor, is against her rezoning from Commercial to Residential because he wants to purchase her lot for additional parking. Ms. Perez had a beauty salon at the location but was not able to make a profit. She explained that there is not a lot of traffic on the west side and, as a result, there are many vacant business properties along that portion of W. Main Street. She wants to make her property into a rental property with a one bedroom one bathroom to earn enough rent to pay the insurance and property taxes. Rodrigo Rodriguez, a citizen, and a member of the Planning and Zoning Board explained that the board had voted against Ms. Perez s application since it would be considered spot zoning. The City of Uvalde closed the Public Hearing on Agenda Item 11A at 6:28 p.m. 12. REPORT 12A. Report by Police Chief Eric Herrera on the Uvalde Police Department s Annual 2014 Report. Police Chief Eric Herrera presented the Uvalde Police Department s Annual 2014 Report. Chief stated that the crime rate has dropped from 2013-2014 by 21.94%. Complaints by citizens consisted of only 7 which is excellent due to the amount of contact the department has with the public 24 hours a day 365 days a year. Use of force consisted of 5 displays of the Taser with only two uses of the Taser. Traffic accidents have increased from 258 in 2013 to 329 in 2014. Dispatch room is scheduled to be completed by the first week of May. The new police department body cameras are due to arrive next week which will help to protect the officers. Chief wanted to thank Mayor and Council for their support of the police department along with the support from the community which makes their jobs a lot easier out on the street. 006
12B. Report by Joe A. Cardenas, Assistant City Manager on the status of the Skate Park construction and scheduled Grand Opening. Joe Cardenas, Assistant City Manager, explained that the skate park was almost close to completion with the Grand Opening scheduled for May 9, 2015. 13. NEW BUSINESS 13A. Consider and act on a request of Kyle Graham, Youth Minister - Getty St. Church of Christ for use of the Willie De Leon, Jr. Civic Center at a discounted rate starting Sunday, June 28 th through Thursday, July 2, 2015 to be used by several area churches to promote a summer event (HOTT Days) for teens and families who will serve and work rehabilitating homes and public areas in the Uvalde Community. Motion to approve the request of the HOTT Days area churches request for use of the Civic Center was made by Councilman Chip King to waive the fee and collect a $336 refundable security deposit. Motion was seconded by Mayor Don McLaughlin, Jr. Motion carried 5-0. 13B. Consider and act on the request of Santa Perez, applicant, for a Zone Change from a Business 2 to Residential 3 to use as a residential property. The property is located at 1106 West Main St., NCB 247, Fairground Subdivision, Block 2, Lot 5, City of Uvalde, Uvalde County Texas. Motion made by Councilman Chip King to deny the rezoning but to approve a one-year residential special use permit. Councilman Stephen E. Balke seconded the motion. Motion carried 5-0. 13C. Consider and act on an application for Outside the City Limits water services for Bruce Kingsbery for property located at 220 Sage Lane, Uvalde, Texas 78801. Motion made by Councilman Chip King to approve the OCL application of Mr. Bruce Kingsbury for water services located at 220 Sage Lane. Councilman John H. Flores, Jr. seconded the motion. Motion carried 5-0. 13D. Consider and act on an application for Outside the City Limits sewer services for Fausto and Alicia Contreras for property located at 508A and 508B Commerce Lane, Uvalde, Texas 78801. Motion made by Councilman Chip King to approve the OCL application for Mr. and Mrs. Contreras for sewer service located at 508A & 508B Commerce Lane. Motion was seconded by Councilman Stephen E. Balke. Motion carried 5-0. 13E. Consider and act on a grant agreement between the Texas Parks and Wildlife Department and the City of Uvalde for the Municipal Pool Improvement Project. Motion made by Councilman Stephen E. Balke to approve of the grant agreement between the Texas Parks and Wildlife Department and City of Uvalde for the Municipal Pool Improvement Project. Councilman John H. Flores, Jr. seconded the motion. Motion carried 5-0. 007
13F. Consider and act on a three year Lease Agreement between the City of Uvalde and the Uvalde Youth Baseball Little League. Motion made by Councilman Stephen E. Balke to approve a three (3) year Lease Agreement between the City of Uvalde Youth Baseball Little League and the City of Uvalde. Motion was seconded by Councilman Chip King. Motion carried 5-0. 13G Consider and act on a two year Membership Agreement between the Cooperative Teamwork & Recycling Assistance and the City of Uvalde for the sale of recyclable materials. Motion made by Councilman Chip King to approve the two year Membership Agreement between the Cooperative Teamwork & Recycling Assistance and the City of Uvalde for the sale of recyclable materials. Councilman John H. Flores, Jr. seconded the motion. Motion carried 5-0. 13H. Consider and act on settlement of unpaid paving assessment liens. Motion made by Councilman Stephen E. Balke for settlement of paving assessment liens for the original amount of the lien plus 15% percent interest (not compounded). Mayor Don McLaughlin, Jr. seconded the motion. Motion carried 5-0. 13I. Consider and act on a Resolution Supporting Public Notices in Newspapers. Motion made by Councilman Chip King to approve the Resolution supporting public notices in newspapers. Motion was seconded by Councilman John H. Flores, Jr. Councilman Stephen E. Balke abstained from the motion. Motion carried 4-0-1. 14. ADJOURNMENT Motion for adjournment made by Councilman Chip King. Motion was seconded by Stephen E. Balke. Motion carried 5-0. Attest: Susan M. Conley, City Secretary Don McLaughlin, Jr., Mayor 008
Name Description Department Account Number Amount CDS Muery Engineers and Surveyors Wolfcom Enterprises *The following items are completed and/or ready for release upon council approval: 2015 Phase 1 Street Streets 609-00-00-6300 $84,104.25 Improvement Prj. Services 01/30-02/27/2015 Body Cams for Police Police 100-20-00-6451 $7,664.62 Dept. ** Account # changed due to amount of funds** ***This item was previously discussed and approved to order on January 27, 2015. The items have now been received and invoiced. *** CDS/Muery Engineers and Surveyors CDS/Muery Engineers and Surveyors CDS/Muery Engineers and Surveyors Pollution Control Services Lower Colorado River Authority- Environmental Laboratory Services Accounts Payable in Excess of $5,000.00 For Period Ending April 24, 2015 TXCDBG #713471 Water Improvement 2013-2014 Services 7/26/14-8/29/14 And 8/30/14-9/26/14 Project #113174.00 PWS Buda Well 11/29-12/26/2014 & 12/27/14-1/30/2015 & 1/31-2/27/2015 2015 Phase 1 Street Improvement Prj. Services 2/28/15-3/27/15 PCS Sample Identification March 2015 Final Analytical Report for the UCMR3 Program Water Department 606-00-00-6300 Disaster Relief Fund Well #7 608-00-00-6300 INV# 1409014 $14,000.00 INV#1410073 $1,750.00 TOTAL $15750.00 Inv#1501094 $8,140.00 Inv#1502016 $5,060.00 Inv#1503067 $4,400.00 TOTAL $ 17,600.00 Streets 609-00-00-6300 $93,425.75 Sewer 711-83-00-6300 $7,149.00 Water 711-81-00-6300 $6,550.00 TAX NOTE ITEMS 009
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Proclamation WHEREAS, WHEREAS, WHEREAS WHEREAS WHEREAS WHEREAS WHEREAS WHEREAS WHEREAS The Community Council of South Central Texas, Inc. was established as a Community Action agency on May 11, 1965; and The service area encompasses the South Central and Southwest Texas Counties of Atascosa, Bandera, Comal, Edwards, Frio, Gillespie, Guadalupe, Karnes, Kendall, Kinney, Kerr, Live Oak, McMullen, Medina, Real, Uvalde, Val Verde, Wilson and Zavala; and Community Action Agencies were created when the Economic Opportunity Act of 1964 was signed into law; and Community Action Agencies have a 51-year history of promoting selfsufficiency for the limited income; and Community Action Agencies have made an essential contribution to individuals and families in Texas by providing them with innovative and cost-effective programs; and Community Action Agencies are needed as major participants in the reform of the welfare system as we know it; and Welfare reform in Texas has benefited from the state s partnership with community action agencies; and The limited income continue to need opportunities to improve their lives and their living conditions, thus ensuring that all citizens are able to live in dignity; and Texas and the entire United States must continue to promote economic security by providing support and opportunities for all citizens in need of assistance; NOW, THEREFORE, in honor of the 50th Anniversary of the Community Council of South Central Texas, I Don McLaughlin, Mayor of Uvalde, Texas do hereby proclaim May 2015 as COMMUNITY ACTION MONTH in Uvalde, Texas in recognition of the hard work and dedication of Uvalde s Community Action agency. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Uvalde to be affixed this day of April, 2015. Don McLaughlin, Jr., Mayor 012
PROCLAMATION WHEREAS: WHEREAS: WHEREAS: WHEREAS: WHEREAS: The National Day of Prayer is a vital part of our Nation s foundation and heritage of Religious Freedom. Because of the faith of many of our founding Fathers, public prayer and national days of prayer have a long-standing and significant history in American tradition; and This tradition predates the founding of the United States of America when the Continental Congress issued a proclamation setting aside a day of prayer in 1775. In 1952, Congress established an annual day of prayer, and in 1988, the law was amended, designating the first Thursday in May as the official National Day of Prayer; and This year, May 7, 2015, marks the 64th consecutive observance in cities throughout the United States, and the 8 th consecutive observance in Uvalde County; and This year s theme is LORD, HEAR OUR CRY. I Kings 8:28 as our Scripture for this year: Hear the cry and the prayer that your servant is praying in your presence this day. and In the county of Uvalde, we acknowledge that the Lord is our God who HEARS, and our prayer for our cities and America is that as we sincerely seek the heart and will of God. That we may place our hope in Him and become a people who use our voice to CALL UPON THE NAME OF THE LORD and continue to be One Nation under God! We believe that God is shifting people to a place of honor toward God as well as a heart with genuine repentance. We believe that there is not only power in prayer, but power in people that pray. We decree and declare that the people of God will rise up and take their rightful place and manifest His will in the land! Our nation was founded on Godly principles, and with His grace, favor, and mercy our Nation and Cities will continue to stand strong, as we rally the army of God of our city to man their stations and fight the good fight of faith as a united body. For He says, where there is unity of heart and repentance of sin He will command His blessing and Heal Our Land. May God work in us both to will and to do His good pleasure. THEREFORE, I, Don McLaughlin, Jr. Mayor of Uvalde, Texas, do hereby proclaim May 7, 2015 in the County of Uvalde, Texas as A DAY OF PRAYER I invite the citizens of our City to pray and give thanks, in accordance with their faith for our many freedoms and blessings, and I join all people of faith in asking for God s continued guidance, grace, mercy, and protection. IN WITNESS WHEREOF I have hereunto set my hand and caused the Seal of the City of Uvalde, Texas to be affixed on this 7 th day of May 2015. Don McLaughlin, Jr. 013
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