June 24 - City Of Uvalde

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, June 24, 2014, with the following members
present:
Don McLaughlin, Jr.
Rogelio Munoz
Margaret Palermo
Stephen E. Balke
Ernest W. ''Chip" King, III
John H. Flores, Jr.
Mayor
Mayor Pro Tern
Councilmember
Councilmember
Councilmember
Councilmember
Also present:
Jennifer E. Garver
City Manager
Joe Cardenas
Assistant City Manager
Barbara Bouleware-Wells
KNIGHT & pARTNERS
City Attorney (via Video Conference)
Chief of Police Uvalde Police Department
Eric Herrera
Patrol Lieutenant
Danny Rodriguez
Juan Martinez
Sargent of CID
· Mike Hernandez
Lieutenant of CID
Lt. John Meyer
Lieutenant of Operations
Rick Lara
Building Official
Jamie Johnson
Code Enforcement
Jovita Maldonado
Code Enforcement
Andrew Hagan
Municipal Court Judge
LeAlll1 Ortiz
Budget Director
Joe Jarosek
Director of Public Works
Robert Fowler
Municipal Swimming Pool Manager
Juan Zamora
Directors of Utilities and Sanitation
Susan Anderson
Director of Plalll1ing & Community
Development
Allie Anderson
Conservation Coordinator
Clint Baack
Director Parks & Recreation
Robert Fowler
Uvalde Municipal Pool Manager
Agenda Item No. 1 - Call Meeting to Order
Mayor Don McLaughlin, Jr. called the City Council meeting to order at 6:00 p. m.
Agenda Item No. 2 - Invocation
Pastor Dela Rosa from Temple Cristiano Church led the Invocation.
Agenda Item No. 3 - Pledge of Allegiance
Agenda Item No. 4 - Minutes
4A.
Consider and act on the minutes of the June 10, 2014, Regular City Council
Meeting.
Motion made by Councilman Chip King to approve the June 10, 2014 Regular
City Council Minutes. Motion seconded by Councilman Stephen E. Balke.
Motion carried 6-0.
Agenda Item No. 5 - Citizen's Input
SA.
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.
Nancy Musquiz, a citizen, spoke to City Council regarding Musquiz Transport
and the Agenda discussion item 11 B. Mrs. Musquiz talked about the amount of
money and taxes that goes into operating one truck. Her family lives at 1105 Fort
Clark /HWY 90 and they drive the truck out once a day out and back. She also
spoke about the miss leading article in paper about the issues concerning 18wheeler trucks within the City limits. She stated that busses and tractors also use
the roadways and cause damage as well to the streets. All business along
Highway 90 will be affected since this is how they receive their goods.
Rolando Garza, a citizen, spoke on behalfofGarza Trucking. He stated that the
18- wheelers are a source of income for the trucking companies in Uvalde. The
problem is NOT the trucks on the streets it is the infrastructure. Mr. Garza said
that you need to fix the infrastructure of the streets and that solely patching of
holes is not working as a solution for the City.
Elsa Crawford, a citizen, addressed City Council regarding residential zoning in
her neighborhood It 's been 18 months since anyone has responded to her
original request about her neighbors. Since an email in October to the City
Manager and Mayor Pro-Tem Munoz, Ms. Crawfo rd has not received a return
phone or email. Ms. Crawford feels that she has been labeled because ofall her
concerns she brings to the City. She stated !hat she is NOT going way. Ms.
Crawford commented that Jamie Johnson, Code Enforcement officer, has always
been helpful. Elisa Crawford got up again after her original 3 minutes and spoke
again about the speeding of 18-wheelers and truck traffic. She addressed Police
Chief Herrera regarding this and stated that she would hope that the police
department would continue to enforce the speed limits.
Annette LeMay, a citizen, addressed City Council regarding city employees and
their response to her request for public information concerning the paper work on
Glen Casey's subdivision. There appears to be no documentation on file with
utilities for water and sewer. The owner of this property is Glen Casey and his
plan was approved in 2007 at a City Council meeting. Mr. Casey 's plans should
have expired ajier 2 years after the final plat. Now in 2012, construction has
commenced Ms. Lemay stated she has come to City Hall and does not receive
answers Lo her questions. Mr. Casey's plans should have gone back to City
Council in 2009 for approval since they expired.
Jamie Johnson, City of Uvalde Code Enforcement Officer, addressed City Council
regarding proposed changes to Texas State Code legislation as how it may affect
local code enforcement officers in their day-to-day operations. Mr. Johnson also ·
thanked City Manager, the Police Department and Mayor and Council and all the
wonderful people he had the opportunity to work with during the last four years.
Monday June 30, 2014 will be his last day with the City.
Mario Cruz, a citizen, addressed City Council regarding the last City Council 's
meeting and the approval of the purchase of lawn mowers with the cemetery
funds. The cemetery is a place that has great importance to his heart. However,
Mr. Cruz states that the cemetery has been neglected. He spent $300 on sod when
his mom passed away in 1996 and a year and half later everything was dead. He
has been told for years that the cemetery would be maintained, fertilized, sodded,
etc., and nothing has ever been done. He questioned City Council and asked if
they have the authority to use this money for the purchase of the lawn mower
equipment? On the topic oftrucking, Mr. Cruz he feels that there has been a lack
of knowledge when matter was brought to the community. He encouraged that
Council work with the truckers to find a solution; study the problem because the
truckers are coming from all over the State. Mr. Cruz stated he wanted to see a
plan of the City 's outline as to how the streets will be repaired. Primary Streets
can wait their turn because there are other streets that have been neglected for
30-60 years. The Mexican Community feels neglected. Mr. Cruz sated that this
City Council NOW is in the "hot seat. " Mr. Cruz states that he would also like to
see a status report on the Police Department as to whether they are now fully
staffed.
Agenda Item No. 6 - Bills
6A.
Consider and act on payment of bills over $5,000.00 June 4, 2014 through June
18, 2014.
Motion made by Councilman Chip King to approve payments ofthe Bills over
$5, 000 for June 4 through June 18, 2014. Motion was seconded by Councilman
Stephen E. Balke. Motion carried 6-0.
Agenda Item No. 7 - Appointments
7A.
Confirmation of the Mayor's appointment to the Main Street Advisory Board,
pursuant to Article II, Section 13, of the City Charter.
Brooke Urban
Councilman Chip King made a motion to approve the Mayor 's appointment of
Brooke Urban to the Main Street Advis01y Board. Motion was seconded by
Councilman John H Flores, Jr. Motion carried 6-0.
7B.
Confirmation of the Mayor's re-appointment of the members of the Board of
Adjustment, pursuant to Article II, Section 13, of the City Charter:
Joe Mariscal
Simon Flores
Ben Hidalgo
Ray Lopez
Sergio Porras
Everardo Zamora (alternate)
George S. Rodriguez (alternate)
Councilman Stephen E. Balke made a motion to approve the Mayor 's reappointment ofmembers of the Board ofAdjustment. Councilman John H
Flores, Jr. seconded the motion. Motion carried 6-0.
Agenda Item No. 8 - Report
8A.
Report by Marlowe Downey, Chairperson of the Main Street Advisory Board.
Mr. Marlowe Downey, Chairperson ofthe Main Street Advisory Board addressed
Mayor and Council. He explained that the Main Street program needs a full-time
staffperson in order to keep and maintain a Main Street program. Mr. Downey
distributed a copy ofthe Texas Historical Commission letter that addresses the
need for a full-time staffperson for the City of Uvalde to remain in good standing
and not lose its designation. Mr. Downey explained that it has taken years to
have Uvalde become a Main Street City. Downtowns are the heart ofany city by
promoting economic growth and tourism. Ms. Olga Charles, Main Street
Manager is very passionate about her job, the City of Uvalde and the Main Street
Program. This position needs to be based out of City Hall in order to promote the
City. Please reconsider keeping the Main Street Program in the City of Uvalde.
8B.
Report by Councilman Stephen E. Balke on the Finance Committee.
The Finance Committee was formed over a year ago that consists ofCouncilman
Chip King, Councilman John H Flores, Jr., Councilman Stephen E. Balke,
Assistant City Manager Joe Cardenas, City Manager Jennifer Garver and Budget
Director LeAnn Ortiz. The committee has been meeting weekly with department
heads and non-departmental groups. Currently the committee is working on a
pre-liminary budget and facing some hard budgetary concerns.
Agenda Item No. 9 - Presentation
9A.
Presentation by Jennifer E. Garver, City Manager, of the Fiscal Year 2014-2015
preliminary Budget.
Jennifer E. Garver, City Manager, spoke on the preliminary budget. Mrs. Garver
explained that it is hard to know exact figures at this time since lhe property tax
will not be certified until July 251h. Next week Finance Committee will look at
Budgeted Positions and Health Insurance. Sales taxes have decreased this past
year. No new positions will be added The City will have to borrow money to
purchase equipment as recommended by the Finance Committee. Budget
Workshops are scheduled/or July 7th and July 24th. Public Hearing will be held
at the July 8th City Council meeting. Overall the emphasis will be to find ways to
generate revenues for the General Fund.
Agenda Item No. 10 - New Business
IOA.
Consider and act on an Ordinance authorizing enforcement of the City of Uvalde
Code of Ordinances by designated Code Enforcement Officers, Inspectors and/or
Licensed Peace Officers.
Susan Anderson, Director of Planning and Community Development stated that
this was an Ordinance that was brought to Council back in May. Current and
past Police Chiefs have approved of allowing Enforcement Officers to give out
citalions. Mayor Don Mclaughlin, Jr. asked if the code enforcement officers are
trained. Susan Anderson stated that yes that they are trained and licensed and
that this will just be another tool if the situation arises to try to enforce
Ordinances that are on the books. City Attorney Barbara Bouleware-Wells stated
that in order for Code Enforcement to write a citation it has to been in an
Ordinance. Motion made by Councilman Chip King for the adoption of the
Ordinance authorizing enforcement of the City of Uvalde Code of Ordinances by
designated Code Enforcement Officers, Inspectors and/or Licensed Peace
Officers. Councilman John H. Flores, Jr. seconded the motion. Motion carried
4-2 with Mayor Don McLaughlin and Mayor Pro-Tern Rogelio Munoz objected to
the motion.
1OB.
Consider and act to allow various city departments to declare the property listed
on Attachment A as surplus property and allow City staff to sell, auction, recycle
or otherwise dispose of the items.
Motion made by Mayor Pro Tern Rogelio Munoz to approve Agenda Item I OB.
Motion seconded by Councilman Chip King. Motion carried 6-0.
l OD.
Consider and act on awarding Phase 1 of the TXCDBG Grant Project #713087
regarding the preparation of PWS Well #7 of the proposed Buda Well.
Assistant City Manager, Joe Cardenas addressed Council that this is the first
phase ofthe disaster relief for Well No. 7. Staffrecommends awarding Phase I of
the TXCDBG Grant Project #713087 regarding the preparation of PWS Well #7
ofthe proposed Buda Well to Wilson Drilling Pump in the amount of$30, 750.
Motion made by Councilman Stephen E. Balke to approve the award to Wilson
Drilling. Councilman John H Flores, Jr. seconded the motion. Motion carried
6-0.
7:34 p.m. Mayor Pro Tem Rogelio Munoz le.ft Council Chambers
7:37 p.m. Mayor Pro Tern Rogelio Munoz returned to Council Chambers
1OE.
Consider and act on an amendment to the City of Uvalde Employee Handbook to
add the Policy on Take-Home Vehicles to Section 3, Work Rules and Employee
Responsibilities.
Motion to Table Agenda Item I OE. made by Councilman Chip King. Motion
seconded by Councilman Stephen E. Balke. Motion carried 6-0.
I OE.
Consider and act on the following project pay application(s):
Pay Application/
Invoice#
#I
Contractor
Amount
Frontera
Construction
$24,115.50
TXDOT
AVIATION
$7,100.00
Project
City of Uvalde Pool
Improvements
Gamer Field Airport apron
expansion (design)
Budgeted Account
I 00-55-00-6706
733-00-00-6706
Motion made by Councilman Stephen E. Balke to approve pay application #1 to Fonterra
Construction in the amount of $24,115. 50. Councilman John H Flores, Jr. seconded the
motion. Mayor Pro-Tern Rogelio Munoz abstained from the vote due to a potential
conflict of interest. Motion carried 5-0-1.
Motion made by Councilman Chip King to approve TxDOT Aviation pay application in
the amount of $7, I 00. 00. Councilman Stephen E. Balke seconded the motion. Motion
carried 6-0.
Agenda Item No. 11- Discussion
I IA.
Discussion by Councilwoman Margaret Palermo concerning the proposed Skate
Park project, including cost estimate for insurance liability and proposed location
at Memorial Park.
Councilperson Margaret Palermo feels that the skate park should be moved over
to the West End park (near the volleyball park). It would be a safer location than
having it located in Memorial Park near the Leona River. Councilman John H
Flores Jr. feels that perhaps we could bring the skate boarders back to City Hall
to see what they would prefer. Discussion ensued about the pros and cons over
the location of the proposed skate park between Memorial Park and West End
Park.
l lB.
Discussion by Councilwoman Margaret Palermo regarding the Street Condition
report prepared by City of Uvalde staff and the Pavement Assessment Study and
Report prepared by CDS Muery.
Councilwoman 1\tfargaret Palermo reviewed a Street Condition report prepared
by City of Uvalde staff versus CDS Muery. Mayor Don McLaughlin, Jr.
distributed a hand-out that he received via email from American Transportation
Partners as a possible alternative. Councilman Stephen E. Balke recounted the
history of the street improvemenl project from inception to the report from CDS
Muery. Councilman Balke stated that "we are going to fix the streets. " Mayor
Don McLaughlin, Jr. stated he was in agreement with Councilman Stephen E.
Balke that yes the City will fix the streets and that the best attempts to fix
secondary streets will be made. Mario Cruz, a citizen, joined in the street
discussion.
11 B.
Discussion by Susan Anderson regarding proposed truck routes in the City of
Uvalde.
Mayor Don McLaughlin, Jr. stated that the City is not taking this item lightly and
we will as a Council not come to a decision or pass anything without everyone's
input. What was reported in the newspaper wasn't quite what was discussed in
Chambers; Council was not looking to ban truckers but to come up with a
solution instead. We are looking at Hacienda Road as a dedicated truck route.
Mayor Pro Tem Rogelio Munoz understands the importance oftrucking in this
community and will not vote on anything that will limit someone's ability to
operate a business or limit a trucker while the City fashions a solution to
the problem and do something is reasonable and not limit someone 's ability to
make an income. Councilman John H Flores, Jr. stated that we are
looking at truckers fully loaded stopping along the sides ofroadways as being
part of the problem. Councilman Stephen E. Balke said we will have some public
hearings on the topic. Susan Anderson, Director of Planning and Community
Development, continued the discussion. We are not beginning to draft anything
without input. Looking at setting up breakfast meetings to get all parties involved.
We "all ofus as citizens " are the "traffic ". Strategic Planning Committee has
been trying to get truckers together to discuss the matter. As the Mayor stated the
City is looking at Hacienda as a truck route since there are no stop lights and that
will save some time for truckers. However it will help a few trucks but not all.
There other routes we are looking on farm-to-market roads for truckers to
navigate. There are some issues with the width ofsome streets that are too
narrow and issues that we need to work with Texas Department of
Transportation which includes signage. Finally there are issues of
where to park these trucks in the evening. This is the very beginning ofthis
discussion and the City welcomes any and all input.
Agenda Item No. 12 - 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:
l2A.
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.
12B.
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,
Section §551.074, Tex. Gov't. Code, to conduct an evaluation of the City
Manager.
The City Council entered into Executive Session at 8:05 p.m.
Agenda Item No. 13 - Reconvene from Executive Session
13A.
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.
Mayor Pro-Tem Rogelio Munoz made a motion to have the City Attorney
continue with negotiations in connection with Agenda No. 13A. Councilman
Stephen E. Balke seconded the motion. Motion carried 6-0
13B.
Reconvene into open session to take action as deemed appropriate in the City
Council's discretion regarding the continuing evaluation of the City Manager.
No action taken on Agenda Item 13B at this time.
City Council returned from Executive Session at 8:52 p.m.
Agenda Item No. 14 - Adjournment
Motion made by Councilman Chip King for adjournment. Councilman Stephen Balke seconded
the motion. Motion carried 6-0.
Attest:
Susan M. Conley, City Secretary;