City of Uvalde CITY COUNCIL

AGENDA

REGULAR MEETING Tuesday, March 22, 2016

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, MARCH 22, 2016 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 March 8, 2016 Regular City Council Meeting. Pg. 4 5B. Consider and act on payment of bills over $5,000.00 from March 4, 2016 through

March 18, 2016. Pg. 8

6. NEW BUSINESS 6A. Consider and act on awarding bid for Nicolas Street School project. Pg. 20 7. DISCUSSION 7A. Discuss W. Oppenheimer Street traffic safety issues. Pg. 23 7B. Review facility use fees for the civic center and the opera house. Pg. 26

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8. ADJOURNMENT Certificate: I certify that the above and foregoing notice was posted in compliance with 551.043, Texas Government Code at ___ p.m. on March 18, 2016.

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 18 day of March 2016 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 , 2016. ______________________________ Title: ____________________________________

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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, March 08, 2016, with the following members present: Don McLaughlin, Jr. Mayor Stephen E. Balke Councilmember John Flores Councilmember

Ernest W. “Chip” King, III Councilmember Margaret Palermo Councilmember

Also present: Vince DiPiazza City Manager Joe A. Cardenas Assistant City Manager Paul J. Tarski City Attorney Sorayda A. Sanchez City Secretary Susan Anderson Director of Planning & Community Development Rob Fowler Parks and Recreation Coordinator Eric Herrera Chief of Police Daniel Rodriguez Operations Lieutenant Juan Zamora Director of Public Works LeeAnn Ortiz Public Works Coordinator

Agenda Item No. 1 - Call Meeting to Order Mayor Don McLaughlin, Jr. called the meeting to order at 6:01 p.m. Agenda Item No. 2 - Invocation

Reverend Tim Farenthold, Methodist Church. 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.

Citizen Ricardo Benavides voiced his concern about heavy speeding traffic on W. Oppenheimer St. Mr. Benavidez stated that concrete trucks pass by at all hours of the day not following the speed limit. He also mentioned that racing takes place down the street. He offered several suggestions to the Council, such as making the street at dead end so that the traffic could be eliminated. He also suggested adding speed bumps or stop signs. Mr. Benavides owns several properties on that street and had two of his renters present to speak as well.

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Renter #1 Casey Hudgens, lives on 306 W. Oppenheimer, she mentioned there are tire marks in front of her house from the racing that occurs down that street. She also mentioned that she has witnessed the racing down the street as well as the concrete trucks, and other speeding vehicles down the street. Renter #2 Gabrielle Davis voiced her concerns as well. Ms. Davis stated she also had tire marks in the front of her house, and has witnessed the racing. She said there are 18 wheeler trucks, and vehicles speeding down that street at 2AM and various hours of the day. Ms. Davis would like to see changes down that street for her safety, the safety of her family, and the safety of her neighbors.

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 February 23, 2016 Regular City Council Meeting. 5B. Consider and act on payment of bills over $5,000.00 from February 19, 2016

through March 4, 2016. 5C. Consider and act on the confirmation and approval of the Mayor’s appointment

of Lauren Nolasco to the Planning and Zoning Commission, pursuant to Article II, Section 13, of the City Charter.

5D. Consider and act on the confirmation and approval of the Mayor’s appointment of Nancy Bennett to the Historic Preservation Board, pursuant to Article II,

Section 13, of the City Charter. Councilman Chip King motioned to accept all items in the Consent Agenda, 5A through 5C. Councilman Steve Balke seconded the Motion. Motion for approval of Consent Agenda carried 5-0.

Agenda Item No. 6 – Public Hearing & Zoning Matters 6A. Case File 2-16PZ request of David Valdez, applicant, to subdivide Property

ID#18275-Modesta Street, from one lot into three lots, NCB 1609, A0215 Abstract 0215 Survey 71.42. For the purpose of future development, City of Uvalde, Uvalde County Texas. 1. Open the Public Hearing 2. Consider and act on Subdivision Public hearing opened at 6:14 PM Susan Anderson explained case was brought before Planning and Zoning committee last week and that subdivisions do not require mail out letters, but they do require a public hearing. Mr. Valdez would like to subdivide his one lot into three lots and met the requirements necessary to do so. Planning and Zoning committee approved request. Public hearing closed at 6:16PM. Councilman Stephen Balke motioned to approve item 6A. Councilman

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John Flores and Councilwoman Margaret Palermo seconded the motion. Motion carried 5-0.

6B. Consider and act on the request of City of Uvalde Staff to amend Zoning Code

Chapter 17 regarding manufactured homes and industrialized housing. 1. Open a Public Hearing 2. Consider and act on Zoning Amendment

Public hearing opened at 6:17PM Susan Anderson explained that she is wanting to simplify the ordinance in place in regard to manufactured and industrialized housing. She explained that there is a lot of language that is repeated in the ordinance and is also part of the state standards. She suggests cleaning up the language in the ordinance. Public hearing closed at 6:19 PM. Councilman Chip King motioned to approve item 6B. Councilman Stephen Balke seconded the motion. Motion carried 5-0.

Agenda Item No. 7 - New Business 7A. Consider and act on a resolution cancelling General Election for Saturday May 7,

2016. Councilman Chip King motioned to approve item 7A. Councilman John Flores

seconded the motion. Motion carried 5-0. 7B. Consider and act on Change Order #2 of the 2015 Street & Drainage Improvement

Project resulting on a cost deduct of $31,838.78. Assistant City Manager Joe Cardenas addressed Mayor and council. Mr. Cardenas explained that upon review of Bowie St. it appears we can keep

existing water line on that street and still improve the functionality of the street. As a result we are saving money on the street project. Councilman Stephen Balke motioned to approve item 7B. Councilman Chip King seconded the motion. Motion carried 5-0.

7C. Consider and act on an application for Outside the City Limits Utility Service for

Fausto and Alicia Contreras 2688 Marsh Lane, Uvalde, Texas. Councilman Stephen Balke motioned to approve item 7C. Councilman Chip King

seconded the motion. Motion carried 5-0. City Manager Vince DiPiazza is urging reconsideration on the open ended policy

regarding outside city limits requests. Mr. DiPiazza mentioned that this could have a negative effect on the City in the future. Since the homes are built outside the city limits the City cannot enforce regulations or inspect homes.

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Agenda Item No. 8 – Reports 8A. Racial Profiling Report by Uvalde Police Chief Eric Herrera. Chief Herrera briefly spoke about the annual report that is submitted to TCOLE

every year. Information is based on the stops made by officers and the demographics from the 2010 Census. He attests that the information is correct and true.

Agenda Item No. 9 - Adjournment

Motion for adjournment made by Councilman John Flores. Motion carried 5-0. Meeting adjourned at 6:39 P.M.

______________________________ Don McLaughlin, Jr., Mayor Attest: ______________________________ Sorayda A. Sanchez, City Secretary

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Name Description Department Account Number and Amount

Authorized/Verified By

***The following items have already been mailed- due to their due dates. *** Constellation New Energy Electricity Various $50,820.49 V Dipiazza

Wastequip 20-3 cu yard side loader

Collections 722-88-00-6451 $11,828.14

V Dipiazza

Shannon-Monk City Pool Project Parks & Rec 219-00-30-6706 $8,041.75

V Dipiazza

JP Morgan Chase City Credit Cards Various Various $7,141.44

V Dipiazza

V Dipiazza V Dipiazza

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

Tax Note Items V Dipiazza

Accounts Payable in Excess of $5,000.00 For Period Ending March 18, 2016

Requesting Approval to Release Payment

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BUSINESS OF THE CITY COUNCIL

SUBJECT: Nicolas Street School project bids AGENDA DATE: March 22, 2016 SUBMITTAL DATE: March 16, 2016 SUBMITTED BY: Susan Anderson REVIEWED BY: Susan Anderson ATTACHMENTS: Bid tabulation

BACKGROUND INFORMATION The City of Uvalde received two grants through the Texas Historical Commission for roofing and windows and doors for the Nicolas Street School. Bids were opened on March 10th. We had two bidders for the roof project and one bidder for the windows. K. Tillman bid both projects contingent on being awarded both bids. Pancho Cowart bid the roof only. The roof was bid as V-Crimp with an alternate of standing metal seam. The present roof is V-crimp and has probably been in place for close to 50 years. From photos, the original appears to be standing seam. Both companies bid both types of roofing. While Tilman is slightly higher on the V-Crimp, they bid standing seam at the same price. Cowart’s lower bid for V-crimp is balanced by a much higher bid for standing seam. John Graves recommends that we award to Tillman contingent upon them meeting specifications for windows and roofing. If Tillman can’t give us the specified windows, then Graves recommends awarding the roof to Cowart and rebidding the windows. With Tillman, the roof will save us $1710 from the original project total. The Windows will cost us an additional $7,134. The combined cost over original budget will be $5,424.

RECOMMENDED ACTION Award both projects to K. Tillman Construction.

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Uvalde Texas CITY OF UVALDE

BUSINESS OF THE CITY COUNCIL SUBJECT: Discuss traffic issues on W. Oppenheimer AGENDA DATE: 3/22/16 SUBMITTAL DATE: 3/17/16 SUBMITTED BY: City Manager REVIEWED BY: ATTACHMENTS: memo from PD

Budget Information Expenditure amount: $ Budget amount: $

BACKGROUND INFORMATION After last council meeting, the staff discussed the traffic issues on W. Oppenheimer, and Susan Anderson ran with it and produced the following list of possible traffic “calming” measures:

1. Put up “No Thru Truck Traffic” signs at Park and Oppenheimer and Oppenheimer and Grove. This is perhaps the quickest and cheapest solution.

2. Put up a 4 way stop at Park and Oppenheimer. Currently there are only two stop signs on Park St. at Nopal and Front/Hacienda. North Park St. is very rough, but once the street has been repaved we can expect that traffic may increase and speeds will increase as well.

3. Add a 3 way stop at Bowie and/or Mackenzie. Although the amount of traffic at these two intersections is minimal, it would slow traffic down and perhaps cause some traffic to choose another route.

4. Stripe a parking/pedestrian/bike lanes on either side of Oppenheimer. Narrower streets cause traffic to drive more slowly.

5. Create a narrower intersection on either end of this stretch of road by putting a landscaped island or corner bump-out. Bump-outs similar to Getty Street also encourage on-street parking which is another means of slowing traffic.

6. Reduce speed limit on Oppenheimer. This would require some type of traffic study.

I’ve also attached a report from the police department on traffic enforcement activity.

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RECOMMENDED ACTION

No. 1 we’re going to go ahead and do. Nos. 2 and 3 involve stop signs and no. 6 speed limit, all of which deserve some consideration. No. 4 is a bit different—don’t think we’ve done anything like it in town. No. 6 has some cost and construction with it.

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To: Chief Eric Herrera From: Lt. Mariano Pargas Ref: Traffic Enforcement, Oppenheimer Street Date: 02/26/2016 - 03/015/2016 Officers were assigned to monitor and enforce traffic on Oppenheimer Street between North Getty and Grove Street between the hours of 5:00 pm. and 7:00 pm. Officers monitored the traffic during their regular day and night shifts. During the enforcement period, five citations (two for speeding) and twenty warning (fifteen for speeding) were issued. Contacts also included failure to stop, expired registrations and obstructed view. Contacts for failure to stop were, at the intersection of Oppenheimer and Getty Street and Oppenheimer and Grove Street. Officers did not observe any truck traffic during the enforcement times. The average speed was between 30 to 34 mph. The area of Oppenheimer was under construction most of the time of enforcement. It appears that pipes are being replaced from one side of the street to the other, causing bumps on the roadway. Officers will continue to monitor traffic in the area.

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Uvalde Texas CITY OF UVALDE

BUSINESS OF THE CITY COUNCIL SUBJECT: Review facility use fees AGENDA DATE: 3/22/16 SUBMITTAL DATE: 3/17/16 SUBMITTED BY: City Manager REVIEWED BY: Asst. City Manager ATTACHMENTS: list of fees

Budget Information Expenditure amount: $ Budget amount: $

BACKGROUND INFORMATION It probably has been a while since you have looked at the established fees for using the civic center and the opera house. The purpose for bringing this information to you is not (necessarily) to adjust the fees, but to make sure you are comfortable with what is on the books, and if so, to reaffirm it. We get hit up regularly for discounts in the pricing for this or that “non-profit” group, that is, churches, youth groups or programs, community do-gooders, individual performers, etc. In the past, such breaks have been granted by both the council and the staff, but it is hard to be consistent. (And it’s not really fair to the folks who don’t ask.) Staff does not want to be in the position of deciding which groups are deserving of discounts and which are not. If you find it difficult to justify charging the full established fee to the “Little Ol’ Church on the Hill”, Uvalde’s favorite solo accordionist, or the senior ladies canasta club, then we should revisit the fee structure. Otherwise, we should stick to what the council has established by ordinance and try to be as consistent as possible.

RECOMMENDED ACTION For discussion

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Civic Center Regular rate Room Sun-Wed Thu-Sat Deposit Deposit Live Oak Hall $775.00 $375.00 $1,250.00 $625.00 Kitchen $175.00 $87.50 $275.00 $137.50 Pecan Meeting Room $125.00 $62.50 $250.00 $125.00 Mesquite Meeting Room $125.00 $62.50 $250.00 $125.00 Mountain Laurel Meeting Room $125.00 $62.50 $250.00 $125.00 Haujillo Conference Room $100.00 $50.00 $175.00 $87.50 Cenizo Conference Room $100.00 $50.00 $175.00 $87.50 Cactus Community Room $150.00 $75.00 $300.00 $150.00

Discount for entire facility ($300.00) ($600.00) Entire facility rental $1,375.00 $687.50 $2,325.00 $1,162.50

Non-Profit Rate Room Sun-Wed Thu-Sat Deposit Deposit Live Oak Hall $550.00 $275.00 $750.00 $375.00 Kitchen $125.00 $62.50 $175.00 $87.50 Pecan Meeting Room $100.00 $50.00 $150.00 $75.00 Mesquite Meeting Room $100.00 $50.00 $150.00 $75.00 Mountain Laurel Meeting Room $100.00 $50.00 $150.00 $75.00 Haujillo Conference Room $50.00 $25.00 $100.00 $50.00 Cenizo Conference Room $50.00 $25.00 $100.00 $50.00 Cactus Community Room FREE N/A FREE N/A

Discount for entire facility ($150.00) ($300.00) Entire facility rental $925.00 $462.50 $1,275.00 $637.50 Other provisions Rehearsal/early access/decorating fees: 25% of room rental rate for ½ day and 50% for full day. $25 per hour if less than four hours. Does not include separate security fee of $440 for any events at which alcohol is served. By special interlocal agreement, UCISD is entitled to five free annual uses.

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Opera House

Per hour Minimum Deposit Commercial $125.00 $625.00 1/2 fee Charitable or Non-Profit $55.00 $275.00 1/2 fee Other provisions

One special annual license each to the Uvalde Arts Council and Youth Players on the Plaza There is a $25 hour rehearsal/prep time fee for use prior to the event.

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