City of Uvalde CITY COUNCIL

AGENDA

REGULAR MEETING Tuesday, December 8, 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

CITY OF UVALDE, TEXAS

REGULAR CITY COUNCIL MEETING

6:00 P.M., TUESDAY, DECEMBER 8, 2015

CITY HALL – COUNCIL CHAMBERS

AGENDA

1. CALL MEETING TO ORDER

2. INVOCATION

3. PLEDGE OF ALLEGIANCE

4. CITIZEN’S 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.

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 November 24, 2015 Regular City

Council Meeting.

5B. Consider and act on payment of bills over $5,000.00 from November 21, 2015

through December 4, 2015.

5C. A resolution of the City Council of the City of Uvalde, Texas amending the

authorized signers on the city’s bank accounts at the First State Bank of Uvalde.

5D. A resolution of the City Council of the City of Uvalde, Texas amending the

representatives authorized to invest or withdraw funds from the City’s investment

accounts with Texpool.

5E. A Resolution of the City Council of the City of Uvalde, Texas amending the

representatives authorized to invest or withdraw funds from the City’s investment

accounts with Texstar.

6. PUBLIC HEARING & ZONING MATTERS

6A. Case File 29 – 15PZ consider and act on the request of Vicente Gonzales III,

applicant, for a zone change from a Residential 1 to Business 2. The property is

398 South Claudia, 1609H GIS, Abstract located at 215 Survey 71 Homestead

Tract 1.42, as recorded on the Warranty Deed 83138 on November 1, 1974, book

197, pages 295-297, in the Uvalde County Court House, City of Uvalde, Uvalde

County Texas.

1. Open the Public Hearing

2. Consider and act on Zoning Amendment

002

7. NEW BUSINESS

7A. Consider and act on Ordinance of the City of Uvalde, Texas Annexing Territory to

enlarge and extend the boundary limits of the City to include the following

described property: being 9.27 acres of land lying wholly within Survey No. 70,

Jose G. Baron, Original Grantee, Abstract 31, Uvalde County, Texas, out of that

certain 18 acres described in two tracts from Ed Sims, et ux, to Wilson D. Ryland

on 15 July 1971 and recorded in Volume 182, pages 85-87, of the Deed Records

of Uvalde County, Texas.

7B. Consider and act on the following project pay application(s):

PayApplication/

Invoice#

Contractor Amount Project Budgeted Account

1 JR Sitework, Inc. 168,134.85 Street Improvement

Project

609-00-00-6706

8. ADJOURNMENT

Certificate: I certify that the above and foregoing notice was posted in compliance with

551.043, Texas Government Code at 4:30 p.m. on December 4, 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 4th day of December, 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. Stewart, 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 December, 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, November 24, 2015, with the following members present:

Don McLaughlin, Jr. Mayor

Rogelio M. Munoz Mayor Pro Tem

Margaret Palermo Councilmember

Stephen E. Balke Councilmember

Ernest W. “Chip” King, III Councilmember

Also present:

Vince DiPiazza City Manager

Joe Cardenas Assistant City Manager

Paul J. Tarski City Attorney

Susan Stewart City Secretary

Eric Herrera Uvalde Police Chief

Phillip Connor Interim Finance Director

Rob Fowler Parks & Recreation Coordinator

Susan Anderson Director of Planning & Community Development

Agenda Item No. 1 – Call Meeting to Order

Mayor Don McLaughlin, Jr. opened the meeting at 6:00 p.m.

Agenda Item No. 2 – Invocation

Youth Minister, Stephen Royall of the Methodist Church gave the Invocation.

Agenda Item No. 3 – Pledge of Allegiance

Agenda Item No. 4 – Citizen’s 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.

None.

004

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 November 10, 2015 Regular City

Council Meeting.

5B. Consider and act on payment of bills over $5,000.00 from November 7, 2015

through November 20, 2015.

5C. Consider and act on a Resolution of the City of Uvalde, Texas to designate

investment officers.

5D. Consider and act on confirmation and approval of the Mayor’s appointment

of Dianne Trevino and JP Garcia to the Historic Preservation Board, pursuant

to Article II, Section 13, of the City Charter.

Councilman Chip King made a motion to accept all items in the Consent Agenda

5A through 5D, with the exception of the appointment of JP Garcia to the Historic

Preservation Board. Mayor McLaughlin had not yet reached Mr. Garcia

concerning the appointment. Councilman Stephen E. Balke seconded the Motion.

Motion carried 5-0.

Agenda Item No. 6 - Public Hearing

6A. Second Public hearing by the City of Uvalde on the proposed annexation

proceedings to enlarge and extend the boundary limits of the City to include the

following described property: being 9.27 acres of land lying wholly within Survey

No. 70, Jose G. Baron, Original Grantee, Abstract 31, Uvalde County, Texas, out

of that certain 18 acres described in two tracts from Ed Sims, et ux, to Wilson D.

Ryland on 15 July 1971 and recorded in Volume 182, pages 85-87, of the Deed

Records of Uvalde County, Texas.

Mayor Don McLaughlin, Jr. opened the public hearing at 6:03 p.m.

City Manager, Vince DiPiazza, explained that this was the second of two public

hearings regarding the annexation. City Attorney Paul Tarski asked if the

applicant was aware that he needed a survey plan. City staff stated that Mr.

Elliott was aware that he needed a survey plan before the annexation is finalized.

Mayor Don McLaughlin, Jr. closed the public hearing at 6:04 p.m.

Agenda Item No. 7 – New Business

7A. Consider and act on purchasing a tractor shredder, including the use of certificate

of obligation monies in an amount not to exceed $16,085.08.

City Manager, Vince DiPiazza stated that the City currently has a mowing

contract with Cory Molloy. The yearly mowing contract is approximately $60,000

per year. The City would like to have a machine in order to save money and do its

own mowing. The monies would come from remaining tax note funds from 2013

005

and monies requested in the 2015-2016 Budget but that were deferred. The mower

the City is looking to purchase is a John Deere but, Assistant City Manager; Joe

Cardenas explained that the City could also shop around for the best value.

Motion made by Councilman Stephen E. Balke to approve Item 7A. Mayor Don

McLaughlin, Jr. seconded the motion. Motion carried 5-0.

7B Consider and act on adopting a Resolution of the City of Uvalde to Create a Utility

Assistance Program.

Motion made by Councilman Chip King to approve Agenda Item 7B. Councilman

Stephen E. Balke seconded the motion. Motion carried 5-0.

7C. Consider and act on an Ordinance of the City of Uvalde, Texas approving,

adopting and amending Chapter 18 of the Uvalde Municipal Code for Historic

Preservation Chapters 18.01.030 Historic Preservation Board and 18.01.070

Certificate of Appropriateness.

Susan Anderson, Historic Planning Officer/Planning Director, said that the

Amended Ordinance addresses the concerns Council had on the guidelines. This

ordinance provides for additional alternates to the Board, as well as removes the

approval for paint colors by the Board. Motion made by Councilman Chip King

to approve the amended Ordinance. Councilman Stephen E. Balke seconded the

motion to approve Item 7C. Motion carried 5-0.

7D. Consider and act on moving all future City Council meetings to the SSGT. Willie

DeLeon Civic Center located at 324 E. Main Street, Uvalde, Texas 78801.

Councilwoman Margaret Palermo explained that she wanted to consider moving

the City Council meetings to the Civic Center to provide for better parking and

ADA access to Council meetings. Council discussed in the alternative possible

remodeling and renovations to the second floor of City Hall to make Municipal

Court more accessible and make better use of space on the second floor and

update Council Chambers. Motion by Councilman Stephen E. Balke to direct City

Staff to look into planning and funding of renovations to the second floor of City

Hall. Councilman Chip King seconded the motion. Motion carried 5-0 Motion

carried 5-0.

Agenda Item No. 8 – Adjournment

Motion for adjournment made by Mayor Pro Tem Rogelio Munoz. Motion was

seconded by Mayor Don McLaughlin, Jr. Meeting adjourned at 6:29 p.m.

___________________________

Don McLaughlin, Jr. Mayor

Attest:

_____________________________

Susan M. Stewart, City Secretary

006

Name Description Department Account Number and Amount

Authorized/Verified By

***The following items have already been mailed- due to their due dates. *** Shannon-Monk, Inc City pool project

Final installation for waterslide

Parks & Rec 219-00-30-6706 $15,488.00

V Dipiazza

Shannon-Monk, Inc City pool project Paving, Signage, Rails and ladders

Parks & Rec 219-00-30-6706 $26,059.36

V Dipiazza

Frost Leasing Principal payment Collections 722-88-00-6720 $6,382.48

V Dipiazza

Professional Turf Product Fix 4000 mower Parks & Rec 100-50-00-6414 $5,356.06

V Dipiazza

V Dipiazza *** The following payments are being held and will be released upon approval for Release***

Tax Note Items

Accounts Payable in Excess of $5,000.00 For Period Ending December 4, 2015

Requesting Approval to Release Payment

007

RESOLUTION 2015 –__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UVALDE, TEXAS AMENDING THE AUTHORIZED SIGNERS ON THE CITY’S BANK ACCOUNTS AT THE FIRST STATE BANK OF UVALDE. WHEREAS, the City of Uvalde, TX, has an existing depository contract with the First State Bank of Uvalde, and WHEREAS, it is in the best interest of the City of Uvalde, TX to update the individuals designated as signers of the City’s bank accounts. NOW THEREFORE BE IT RESOLVED, that the following individual shall be added as an authorized signer on all of the City’s accounts at the First State Bank of Uvalde; Phill Conner, Interim Finance Director That Phill Conner shall have access to any and all matters pertaining to the City of Uvalde accounts / city business. Mr. Conner shall be given administrative rights for online banking services. That the following individuals shall be removed from the list of authorized signers on the City of Uvalde’s bank accounts. LeaAnn M Ortiz Martha D. Coursey FURTHER, BE IT RESOLVED, that this resolution and its authorization shall continue in full force and effect until amended or revoked by the City of Uvalde, TX and until the First State Bank of Uvalde receives a copy of any such amendment or revocation. DULY RESOLVED AND ADOPTED by the City Council of the City of Uvalde, Texas at its regular meeting held December 8, 2015. CITY OF UVALDE Don Mc Laughlin, Jr., Mayor ATTEST: Susan M. Stewart, City Secretary.

008

RESOLUTION 2015 –__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UVALDE, TEXAS AMENDING THE REPRESENTATIVES AUTHORIZED TO INVEST OR WITHDRAW FUNDS FROM THE CITY’S INVESTMENT ACCOUNTS WITH TEXPOOL. WHEREAS, the City of Uvalde, TX is a local government of the State of Texas and is empowered to delegate to a public funds investment pool the authority to invest funds and to act as custodian of investments purchased with local investment funds, and WHEREAS, it is in the best interest of the City of Uvalde, TX to invest local funds in investments that provide for the preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act; and WHEREAS, the Texas Local Government Investment Pool (“TexPool/Texpool Prime”), a public funds investment pool was created on behalf of entities whose investment objective in order or priority are preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act. NOW THEREFORE, be it resolved as follows:

A. That the individuals, whose signatures appear in this Resolution, are Authorized Representatives of the City of Uvalde, TX and are each hereby authorized to transmit funds for investment in TexPool / TexPool Prime and are each further authorized to withdraw funds from time to time, to issue letters of instruction, and to take all other actions deemed necessary or appropriate for the investment of local funds.

B. That an Authorized Representative of the City of Uvalde, TX may be deleted by a written instrument signed by two remaining Authorized Representatives provided that the deleted Authorized Representative (1) is assigned duties that no longer require access to the City of Uvalde’s TexPool / TexPool Prime account, or (2) is no longer employed by the City of Uvalde; and

C. That the City of Uvalde, TX may by Amending Resolution signed by the City of Uvalde add an Authorized Representative provided the additional Authorized Representative is an officer, employee, or agent of the City of Uvalde, TX.

AUTHORIZED REPRESENTATIVES OF THE CITY OF UVALDE, TX

1. _________________________________ Phone: Mayor, Don McLaughlin, Jr. Fax:

2. _________________________________ Phone: Vince DiPiazza, City Manager Fax:

3. _________________________________ Phone: Joe Cardenas, Assistant City Manager Fax:

009

4. _________________________________ Phone: Phill Conner, Interim Finance Director Fax:

List the name of the Authorized Representative provided above that will have primary responsibility for performing transactions and receiving confirmations and monthly statements under the Participation Agreement. Phill Conner Phone: Interim Finance Director Fax: In addition and at the option of the City of Uvalde, TX, one additional authorized representative can be designated to perform inquiry only of selected information. This limited representative cannot make deposits or withdrawals. The following representative is designated to have inquiry rights only. Debbie Pike Phone: Utility Office Manager Fax: FURTHER, BE IT RESOLVED, that this resolution and its authorization shall continue in full force and effect until amended or revoked by the City of Uvalde, TX and until TexPool / TexPool Prime receives a copy of any such amendment or revocation. DULY RESOLVED AND ADOPTED by the City Council of the City of Uvalde, Texas at its regular meeting held December 8, 2015. CITY OF UVALDE Don McLaughlin, Jr., Mayor ATTEST: Susan M. Stewart, City Secretary.

010

RESOLUTION 2015 –___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UVALDE, TEXAS

AMENDING THE REPRESENTATIVES AUTHORIZED TO INVEST OR WITHDRAW

FUNDS FROM THE CITY’S INVESTMENT ACCOUNTS WITH TexSTAR.

WHEREAS, the City of Uvalde, TX is a local government of the State of Texas and is empowered to delegate to a public funds investment pool the authority to invest funds and to act

as custodian of investments purchased with local investment funds, and

WHEREAS, it is in the best interest of the City of Uvalde, TX to invest local funds in

investments that provide for the preservation and safety of principal, liquidity, and yield

consistent with the Public Funds Investment Act; and

WHEREAS, the TexSTAR Short Term Asset Reserve Fund (TexSTAR), a public funds

investment pool was created on behalf of entities whose investment objective in order or priority

are preservation and safety of principal, liquidity, and yield consistent with the Public Funds

Investment Act.

NOW THEREFORE, be it resolved as follows:

A. That the individuals, whose signatures appear in this Resolution, are Authorized

Representatives of the City of Uvalde, TX and are each hereby authorized to transmit

funds for investment in TexSTAR and are each further authorized to withdraw funds

from time to time, to issue letters of instruction, and to take all other actions deemed

necessary or appropriate for the investment of local funds.

B. That an Authorized Representative of the City of Uvalde, TX may be deleted by a

written instrument signed by two remaining Authorized Representatives provided that

the deleted Authorized Representative (1) is assigned duties that no longer require

access to the City of Uvalde’s TexSTAR account, or (2) is no longer employed by the

City of Uvalde; and

C. That the City of Uvalde, TX may by Amending Resolution signed by the City of

Uvalde add an Authorized Representative provided the additional Authorized

Representative is an officer, employee, or agent of the City of Uvalde, TX.

AUTHORIZED REPRESENTATIVES OF THE CITY OF UVALDE, TX

1. _________________________________ Phone:

Mayor, Don McLaughlin, Jr. Fax:

2. _________________________________ Phone:

Vince DiPiazza, City Manager Fax:

3. _________________________________ Phone:

Joe Cardenas, Assistant City Manager Fax:

011

4. _________________________________ Phone:

Phill Conner, Interim Finance Director Fax:

List the name of the Authorized Representative provided above that will have primary

responsibility for performing transactions and receiving confirmations and monthly

statements under the Participation Agreement.

Phill Conner Phone:

Interim Finance Director Fax:

In addition and at the option of the City of Uvalde, TX, one additional authorized

representative can be designated to perform inquiry only of selected information. This

limited representative cannot make deposits or withdrawals. The following representative

is designated to have inquiry rights only.

Debbie Pike Phone:

Utility Office Manager Fax:

FURTHER, BE IT RESOLVED, that this resolution and its authorization shall continue in

full force and effect until amended or revoked by the City of Uvalde, TX and until

TexSTAR receives a copy of any such amendment or revocation.

DULY RESOLVED AND ADOPTED by the City Council of the City of Uvalde, Texas at its

regular meeting held December 8, 2015.

CITY OF UVALDE

Don McLaughlin, Jr., Mayor

ATTEST:

Susan M. Stewart, City Secretary

012

CASE SUMMARY

CASE FILE # 29-15PZ

SITUS: 398 South Claudia

LEGAL DESCRIPTION: 1609H GIS, Abstract located at 215 Survey 71 Homestead Tract 1.42.

CASE PENITION: Request of Vicente Gonzales III, applicant, for a zone change from a

Residential 1 to Business 2.

Arial View

This is an R-1 zone and the lot size is 1.42 acres, 61, 855.20 square feet.

Mr. Gonzales is wanting to rezone in order to be able to park his commercial trucks at the location. This

property used to be outside city limits and was used as a mechanic shop. The current usage of the

property has been grandfathered but because of the Truck Ordinance Mr. Gonzales is required to register

the trucks with the city.

See Street view on back of paper.

013

Street View

The view is from across the street on South Claudia.

There were 8 certified letters mail out (including owners).

___6__ green cards received signed.

_____ letters received unclaimed.

014

THE STATE OF TEXAS } COUNTY OF UVALDE } CITY OF UVALDE }

Members Present: Members Absent:

Caroline Jones-Chairwoman Marco Garcia Kelly Faglie Paul Marinez

Rodrigo Rodriguez Mario Valdez Joe Suarez Lydia Moss (Alt) Lauren Nolasco (Alt) Jimmy Williams (Alt)

I. CALL MEETING TO ORDER

The Planning and Zoning Commission of Uvalde, Texas, Regular meeting of December 1,

2015, was called to order by Chairwoman Caroline Jones at 6:01 p.m. in the Council

Chambers.

II. APPROVAL OF MINUTES

Consider and act on the minutes of September 1, 2015 with corrections, minutes of

October 6, 2015 and minutes of November 3, 2015, of the Planning and Zoning

Commission. Motion to approve minutes was made by Lauren Nolasco and 2nd

by Joe

Suarez. Motion passed 5-0.

III. CITIZEN’S INPUT

There were no citizens’ to be heard.

IV. PUBLIC HEARING

Case File 29 – 15PZ

Open a public hearing to consider and act on the request of Vicente Gonzales III, applicant,

for a zone change from a Residential 1 to Business 2. The property is 398 South Claudia,

1609H GIS, Abstract located at 215 Survey 71 Homestead Tract 1.42, as recorded on the

Warranty Deed 83138 on November 1, 1974, book 197, pages 295-297, in the Uvalde

County Court House, City of Uvalde, Uvalde County Texas.

a) Open Public Hearing at 6:02 p.m.

Vicente Gonzales asked that the board allow the zone change from a

Residential 1 to Business 2. Mr. Gonzales bought the property before it was

annexed into the city limits, so the property came in as Residential 1. He has

always used the property to park his business vehicles and has kept using

the mechanic shop.

b) Citizens Comments

No one else spoke for or against this case.

c) Close Public Hearing at 6:25 p.m.

015

d) Reconvene meeting for discussion and decision on application at 6:50 p.m.

Discussion between board members, Caroline Jones and Kelly Faglie

debated on not allowing the zone change, currently the property has been

grandfathered when it was annexed into the city and because of the Truck

Ordinance Mr. Gonzales now has to register his commercial vehicles with

the city. They are concerned that once the zone changes the property can

be sold as a business property or another business can go into that

location. Motion was made by Rodrigo Rodriguez and 2nd

by Joe Suarez to

recommend zone change from a Residential 1 to a Business 2. Vote was

3-2. Caroline Jones and Kelly Faglie voted against the rezoning.

V. ADJOURNMENT A motion was made by Rodrigo Rodriguez and 2

nd by Joe Suarez to adjourn the meeting.

Motion passed 5-0. Meeting adjourned at 6:30 p.m.

_____________________________ Caroline Jones

CHAIRWOMAN ______________________________ Jovita L. Maldonado Code Enforcement Officer

016

CLL ,SEITREPORP ES & BSERCA 72.9 :1 TCART

5231005102 .COD.R.P.O.C.U

CLL ,SEITREPORP ES & B2 TCART

5231005102 .COD.R.P.O.C.U

017

018

019

020

021

022