city council - City Of Uvalde

City of Uvalde
CITY COUNCIL
AGENDA
REGULAR MEETING
Tuesday, June 10, 2014
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
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CITY OF UVALDE, TEXAS
REGULAR CITY COUNCIL MEETING
6:00 P.M., TUESDAY, JUNE 10, 2014
CITY HALL – COUNCIL CHAMBERS
AGENDA
1. CALL MEETING TO ORDER
2. INVOCATION
3. PLEDGE OF ALLEGIANCE
4. MINUTES
4A.
Consider and act on the minutes of the May 27, 2014, Regular City Council Meeting.
4B.
Consider and act on the minutes of the June 3, 2014, Special 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 May 21, 2014 through June 3, 2014.
7. PUBLIC HEARING
7A.
Public Hearing on a request from Rodrigo T. Rodriguez Jr., applicant, Case No. 9-14PZ to be
issued a Special Use Permit for the purpose of opening a Bed and Breakfast at 709
North Getty.
8.
AWARD BID/PROPOSALS
8A.
Consider and act on awarding the Auditing Services for the City of Uvalde for the period of
June 2014 through May 2017.
9. APPOINTMENT
9A.
Pursuant to the City of Uvalde Municipal Code, Hotel Tax Committee, Section 3.20.070, the
Mayor shall appointment a member from City Council to serve on that committee to represent
the City’s interest for a two year term with the consent of the City Council.
10. REPORT
10A. Report by Joe A. Cardenas, Assistant City Manager on the status of the following projects:
1) Public Water Supply Buda Well #7 located at 137 E. Oak Street
2) On the city’s annual consumption of EAA permitted water.
3) On the proposed Garner Field Airport projects – apron expansion and master plan.
10B.
Report by Joe Jarosek, Director of Public Works on the status of the following projects:
1) Opera House
2) Municipal Swimming Pool
3) Sports Complex/Texas Parks and Wildlife
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11. NEW BUSINESS
11A.
Consider and act pursuant to Article 8 of the City Charter of the City of Uvalde, Texas and
per City of Uvalde Municipal Code Section 2.04.050 “Mayor pro tem – Election and duties”,
the City Council shall, by majority vote, elect one of their number as mayor pro-tem.
11B.
Consider and act on a request from Rodrigo T. Rodriguez Jr., applicant, Case No. 9-14PZ to
be issued a Special Use Permit for the purpose of opening a Bed and Breakfast at 709
North Getty.
11C.
Consider and act on the following project pay application(s):
PayApplication/
Invoice#
1405012
13340
12.
13.
Contractor
Amount
Project
Budgeted Account
CDS Muery
EngineersSurveyors
$11,935.25
Uvalde Alternate
Groundwater Supply
716-81-00-6300
Brazos Valley
Hydro-Seeding
$26,000.00
Kiwanis Baseball Park
604-00-51-6706
DISCUSSION
12A. Discussion by Jennifer E. Garver, City Manager regarding TML’s Rerate Notice and
Benefit Verification for the 2014-2015 plan year.
12B.
Discussion by Mayor Don McLaughlin, Jr. regarding the status of the opening of City of
Uvalde’s Municipal Pool.
12C.
Discussion by Councilman John Flores regarding the City’s a proposed Street Improvement
Project.
12D.
Discussion by Councilman John Flores regarding the status of the City’s proposed Skate
Board Park.
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:
13A.
Pursuant to Section 551.071 and Section 551.072, Texas Government Code, and Section 1.05,
Texas Disciplinary Rules of Professional, to deliberate the acquisition, exchange and value of
real property and to consult with legal counsel regarding legal issues related to a lease
agreement, the acquisition of real property, and water rights.
13B.
Pursuant to Section 551.071, Texas Government Code and Section 1.05, Texas Disciplinary
Rules of Professional Conduct, to receive information and advice concerning a potential claim
and/or other legal action related to hotel occupancy taxes and payment thereof.
13C.
Convene into executive session pursuant to Section 551.087, Texas Government Code to
deliberate the offer of financial or other incentives to one or more business prospects the City
seeks to have locate, stay, or expand in or near the City.
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14.
15.
RECONVENE FROM EXECUTIVE SESSION
14A. Reconvene into open session to take action as deemed appropriate in the City Council’s
discretion regarding the acquisition, exchange and value of real property, a lease
agreement, and water rights.
14B.
Reconvene into open session to take action as deemed appropriate concerning a potential
claim and/or other legal action related to hotel occupancy taxes and payment thereof.
14C.
Reconvene and take action as deemed appropriate in the City Council’s discretion regarding
the offer of financial or other incentives to one or more business prospects the City seeks to
have locate, stay, or expand in or near the City.
ADJOURNMENT
Certificate:
I certify that the above and foregoing notice was posted in compliance with 551.043,
Texas Government Code at 2:00 p.m. on June 6, 2014.
__________________________________
Jennifer E. Garver, 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 6th day of May, 2014 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 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 _____________________, ________.
__________________________________________
Title: __________________________________
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STATE OF TEXAS
COUNTY OF UVALDE
CITY OF UVALDE
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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, May 27, 2014, with the following members present:
J Allen Carnes
Rogelio Munoz
Stephen E. Balke
Ernest W. “Chip” King, III
Also present:
Jennifer E. Garver
Joe Cardenas
Barbara Bouleware-Wells
Andrew Hagan
Joe Jarosek
Juan Zamora
Susan Anderson
Eric Herrera
Mayor
Mayor Pro Tem
Councilmember
Councilmember
City Manager
Assistant City Manager
KNIGHT & PARTNERS
City Attorney (via Video Conference)
Municipal Court Judge
Director of Public Works
Directors of Utilities and Sanitation
Director of Planning & Community
Development
Chief of Police Uvalde Police Department
Agenda Item No. 1 – Call Meeting to Order
Mayor J Allen Carnes called the City Council meeting to order at 6:00 p.m.
Agenda Item No. 2 – Invocation
Councilman Stephen E. Balke led the Invocation
Agenda Item No. 3 – Pledge of Allegiance
Agenda Item No. 4 – Minutes
4A.
Consider and act on the minutes of the May 13, 2014, Regular City Council Meeting.
Motion made by Councilman Chip King to approve the May 13, 2014 Regular City Council
Minutes. Motion seconded by Councilman Stephen Balke. Motion carried 3-0-1. Mayor Pro
Tem Munoz abstained from the vote.
4B.
Consider and act on the minutes of the May 21, 2014, Special City Council Meeting.
Motion made by Councilman Chip King to approve the May 21, 2014 Special City Council
Minutes. Motion was seconded by Mayor J Allen Carnes. Motion carried 4-0.
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.
Rachel Gonzales-Hanson spoke and thanked Mayor J Allen Carnes for his years of service on
the Council and as Mayor for the City of Uvalde and wished him and his family well.
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Agenda Item No. 6 – Bills
6A.
Consider and act on payment of bills over $5,000.00 May 14, 2014 through May 21, 2014.
Motion made by Mayor Pro Tem Munoz to approve payment of the bills over $5,000.00.
Councilman Stephen E. Balke seconded the motion. Motion carried 4-0.
Agenda Item No. 7 – Proclamation
7A.
A proclamation declaring May 25, 2014 as National Missing Children’s Day.
Mayor J Allen Carnes presented to Police Chief Eric Herrera a Proclamation for National
Missing Children’s Day.
7B.
A proclamation declaring May 28, 2014 as Tony Arce Day.
Mayor J Allen Carnes presented to Tony Arce for his service to the community a
Proclamation declaring May 28, 2014 as Tony Arce Day.
Agenda Item No. 8. – Award Bid/Proposals
8A.
Consider and act on awarding the Depository and Banking Services for the City of Uvalde for
the period of June 2014 through May 2017.
Mayor J Allen Carnes approved the awarding of the Depository and Banking Services for the
City of Uvalde to First State Bank, Uvalde, Texas for the period of June 2014 through May
2017. Councilman Chip King seconded the motion. Motion carried 4-0.
Agenda Item No. 9 – New Business
9A.
Consider and act on a request for a Water Variance for Uvalde Plaza Shopping Center, 2302
E. Main Street, Uvalde.
Mayor Pro Tem Munoz made a motion to approve the Water Variance for Uvalde Shopping
Center. Mayor J Allen Carnes seconded the motion. Motion carried 4-0.
9B.
Consider and act on a request for a Water Variance for Uvalde Shopping Center, 3250 E.
Main Street, Uvalde.
Mayor Pro Tem Munoz made a motion to approve the Water Variance for Uvalde Shopping
Center. Councilman Chip King seconded the motion. Motion carried 4-0.
9C.
Consider and act on the following project pay application(s):
PayApplication/
Invoice#
1405049
Contractor
CDS Muery
Amount
Project
$3,750.00
TxCDBG#713471
Water Improvement
Budgeted Account
Motion made by Councilman Chip King to approve the pay application for payment to CDS
Muery in the amount of $3,750.00. Councilman Stephen Balke seconded the motion. Motion
carried 4-0.
Agenda Item No. 10 – 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:
10A.
Pursuant to Section 551.071 and Section 551.072, Texas Government Code, and Section 1.05,
Texas Disciplinary Rules of Professional, to deliberate the acquisition, exchange and value of
real property and to consult with legal counsel regarding legal issues related to a lease
agreement, the acquisition of real property, and water rights.
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City Council of Uvalde convened into Executive Session at 6:15 p.m.
Agenda Item No. 11 Reconvene from Executive Session
11A. Reconvene into open session to take action as deemed appropriate in the City Council’s
discretion regarding the acquisition, exchange and value of real property, a lease
agreement, and water rights.
City Council of Uvalde reconvened from Executive Session at 6:45 p.m.
Councilman Stephen E. Balke made a motion to allow the City Attorney to take action and continue
negotiations on the following as deemed appropriate regarding the acquisition, exchange and value of
real property, a lease agreement and water rights. Councilman Chip King seconded the motion.
Motion carried 4-0.
Agenda Item No. 12 Adjournment
Motion made by Councilman Stephen E. Balke for adjournment. Mayor Pro Tem Munoz seconded
the motion. Council adjourned at 6:45p.m.
City of Uvalde
__________________________________
Don McLaughlin, Jr., Mayor
Attest:
____________________________
Susan M. Conley, City Secretary
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COUNTY OF UVALDE
STATE OF TEXAS
CITY OF UVALDE
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)
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BE IT REMEMBERED, that the City Council of the City of Uvalde, Texas, met in a Special Meeting at 6:30
p.m. on Tuesday, June 3, 2014 at the SSGT. Willie DeLeon Civic Center, Live Oak Room E. Main Street,
Uvalde, with the following members present:
J Allen Carnes
Rogelio M. Munoz
John H. Flores, Jr.
Jesse Rodriguez
Stephen E. Balke
Ernest W. “Chip” King
Mayor
Mayor Pro Tem
Councilmember
Councilmember
Councilmember
Councilmember
Also present:
Jennifer E. Garver
Joe A. Cardenas
William R. Mitchell
Rev. Mike Marsh
Eric Herrera
Susan M. Conley
Joe B. Jarosek
Susan Anderson
Clint Baack
City Manager
Assistant City Manager
Uvalde County Judge
St. Philip’s Episcopal Church
Chief of Police
City Secretary
Director of Public Works
Director of Planning
Director of Parks and Recreation
Agenda Item No. 1- CALL MEETING TO ORDER
Mayor J Allen Carnes called the meeting to order at 6:30 p.m.
Agenda Item No. 2 - INVOCATION
Invocation was led by Rev. Mike March St. Philip’s Episcopal Church.
Agenda Item No. 3 - PLEDGE OF ALLIGIENCE
Pledge of Alligience was led by Jennifer E. Garver, City Manager.
Agenda Item No. 4 - WELCOME ADDRESS
Welcome Address by Mayor J Allen Carnes.
Agenda Item No. 5 - ADMINISTER OATH OF OFFICE TO ELECTED OFFICIALS
5A.
Administer Oath of Office to Elected Officials:
Don McLaughlin, Jr. Mayor
Margaret Palermo, Councilmember District 1
Rogelio M. Munoz, Councilmember District 3
Ernest W. “Chip” King, Jr., Councilmember District 5
The Honorable Judge William Mitchell administered the Oath of Office to
Don McLaughlin, Jr. Mayor.
The Honorable Judge William Mitchell administered the Oath of Office to
Margaret Palermo, Councilmember District 1
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The Honorable Judge William Mitchell administered the Oath of Office to
Rogelio M. Munoz, Councilmember District 3
The Honorable Judge William Mitchell administered the Oath of Office to
Ernest W. “Chip” King, Jr., Councilmember District 5
Agenda Item No. 6 - RECOGNITION OF SERVICE
Presentation of plaques to Mayor J Allen Carnes and Councilman Jesse Rodriguez.
6A.
Jennifer E. Garver, City Manager made the presentation of plaques to Mayor J Allen Carnes
and Councilman Jesse Rodriguez in recognition of their service to the City of Uvalde.
ADJOURNMENT
Mayor Don McLaughlin, Jr. made a motion for adjournment. Councilman Chip King
seconded the Motion. Motion carried.
____________________________________
Don McLaughlin, Jr., Mayor
Attest:
_____________________________
Susan M. Conley, City Secretary
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THE STATE OF TEXAS
COUNTY OF UVALDE
CITY OF UVALDE
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Members Present:
Members Absent:
Jack Easley
Joe Suarez
Caroline Jones
Kelly Love
Rodrigo Rodriguez (Alt)
Marco Garcia
Kelly Faglie
Mario Valdez
Lauren Nolasco (Alt)
Paul Martinez (Alt)
I.
CALL TO ORDER
The Planning and Zoning Commission of Uvalde, Texas, meeting of June 3, 2014, was called
to order by Chairman Jack Easley at 6:03 p.m. in Council Chambers.
II.
APPROVAL OF MINUTES
Consider and act on the minutes of May 6, 2014, Planning and Zoning Commission meeting.
Motion to approve the minutes was made by Joe Suarez and second by Kelly Love. Motion
passed 4 – 0.
III.
CITIZEN’S INPUT
There were two citizens’ to be herd, Liza Toombs and Shelley Steigerwald. Both elected to
speak during the public hearing on the action item.
IV.
Open Public Hearing on Case # 9-14PZ
Consider and act on a request from Rodrigo T. Rodriguez Jr., applicant, to be issued a
Special Use Permit for the purpose of opening a Bed and Breakfast at 709 North Getty. Mr.
Rodriguez accused himself from the Commission and abstained from voting.
Mrs. Rodriguez informed the Commission of their intentions and explained exactly what
they were going to do with the remodeled residence. There were 20 certified letters
mailed out to the surrounding residence in the neighborhood and nine green cards were
returned. Mrs. Rodriguez stated that the house originally belonged to the Kennedy’s and
the business name would be “The Kennedy House Bed and Breakfast”. There was no
opposition against issuing a Special Use Permit.
Ms. Liza Toombs spoke in favor of the Bed and Breakfast as did Ms. Shelley Steigerwald.
Ms. Toombs and Ms. Steigerwald both live within the 200’ mail out radius.
V.
Close Public Hearing
With no further discussion Chairman Easley closed the Public Hearing and called for a vote.
A motion was made by Caroline Jones with a second from Joe Suarez to approve the zone
change. Motion passed 4-0.
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VI.
Adjourn
Susan Anderson announced to the Commission that this would be the last meeting for
Jamie Johnson, who would be retiring at the end of June. Next month’s meeting on July
1st, would be assigned to new Code Enforcement Officer Jovita Maldonado. With no further
business to discuss, a motion to adjourn was made by Joe Suarez and second by Kelly Love.
Motion passed 4-0. Meeting adjourned at 6:25 pm.
_____________________________
CHAIRMAN
______________________________
Jamie Johnson
Code Enforcement
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