City of Edinburg

THE
CITY
I
~)UII
OF
r~
U
\J
EDINBURG CITY COUNCIL
CITY OF EDINBURG, HIDALGO COUNTY, TEXAS
LOCATION: City of Edinburg
City Hall-Council Chambers
415 West University Dr.
Edinburg, Texas 78541
AUGUST 06, 2014
REGULAR MEETING AGENDA
6:00 P.M.
I.
CALL TO ORDER, ESTABLISH QUORUM
A. Prayer.
B. Pledge of Allegiance.
II.
CERTIFICATION OF PUBLIC NOTICE
III.
PUBLIC COMMENTS
The Mayor and City Council allow for a specific portion of the City Council Meeting to
be dedicated to public comments. Public Comments are limited to three (3) minutes. If a
resident desires to make a public comment, please complete the Public Comments Form
which will be located outside of the City Council Chambers and submit the completed
form to the City Secretary prior to the commencement of the City Council Meeting. We
askfor everyone's cooperation in following this procedure.
IV.
PRESENTATION
A. Presentation Recognizing Martin Martinez, Senior Supervisor for the City of Edinburg
Parks and Recreation Department for Receiving the National Association of Housing
and Redevelopment Officials (NAHRO) Community Service Medium Housing
Authority Award. [Joe Filoteo, Director of Parks and Recreation]
415 W. University Drive • P.O. Box 1079 • Edinburg, Texas 78540
Phone (956) 388·8204 • Fax (956) 383-7111
V.
PROCLAMATION
A. Presentation of Proclamation Recognizing:
1. My Brother's Keeper-Building Ladders of Opportunity Initiative. [Sonia
Marroquin, Assistant City Manager]
VI.
PUBLIC HEARINGS
A. Hold Public Hearing and Consider Ordinances Providing for the Comprehensive Plan
Amendment from Agriculture Uses to Auto Urban Uses and the Rezoning Request
from Agriculture (AG) District to Auto Urban Residential (AU) District, Being all of
Lot 1, Mayrin Subdivision, Located at 1000 E. Alberta Road, as Requested by Mario
Serna. (This Item was Tabled at the July 01, 2014 Regular City Council Meeting.)
[Richard M. Hinojosa, Director of Planning and Zoning]
B. Hold Public Hearing and Consider Ordinances Providing for the Comprehensive Plan
Amendment from Office Business Park Uses to Urban Uses and the Rezoning
Request from Commercial, General (CG) District to Urban Residential (UR) District,
Being a 15.04 Acre Tract of Land out of Lot 1, Lomas Y Lagos Subdivision, Located
at the 400 Block of West Sprague Street, as Requested by Plains Capital Bank.
[Richard M. Hinojosa, Director of Planning and Zoning]
C. Hold Public Hearing and Consider Ordinances Providing for the Comprehensive Plan
Amendment from General Commercial Uses to Urban Uses and the Rezoning
Request from Commercial, General (CG) District to Urban Residential (UR) District,
Being a 15.012 Acre Tract of Land out of Lot 2, La Sienna Development Subdivision,
Located at the 3700 Block of La Sienna Parkway, as Requested by Bill Bums.
[Richard M. Hinojosa, Director of Planning and Zoning]
D. Hold Public Hearing and Consider Ordinances Providing for the Rezoning Request
from Neighborhood Conservation 7.1 (NC7.I) District to Auto-Urban (AU) District,
Being a 10.00 Acre Tract of Land out of Lot 16, Section 270, Texas-Mexican
Railway Company Survey, Located at 2100 Citrus Lane, as Requested by Red Rock
Real Estate Development Group, LTD. [Richard M. Hinojosa, Director of Planning
and Zoning]
E. Hold Public Hearing and Consider Ordinance Providing for the Special Use Permit
for the On-Premise Consumption of Alcoholic Beverages for a Sports Pub, Being
Lots 1, 11 &12, Block 100, Edinburg Original Townsite, Located at 720 North
Closner Boulevard, as Requested by Virginia Luna. [Richard M. Hinojosa, Director
of Planning and Zoning]
F. Hold Public Hearing and Consider Ordinance Providing for the Special Use Permit
for On-Premise Consumption of Alcoholic Beverages, Being Lots 22 & 23, Edinburg
Original Townsite, Located at 106 South 12th Ave., as Requested by Neri Rodriguez.
[Richard M. Hinojosa, Director of Planning and Zoning]
VII.
ORDINANCE
A. Consider Approving a Negotiated Ordinance Between the Cities Served by Texas Gas
Service ("TGS" or "The Company") Regarding the Company's May 1, 2014 Cost of
Service Adjustment ("COSA") Filing; Declaring the Existing Rates to Be
Unreasonable; Adopting Tariffs that Reflect Rate Adjustments Consistent with the
Negotiated Settlement and Finding the Rates to be Set to be Just and Reasonable;
Providing for the Recovery of the Cities' and TGS' Reasonable and Necessary Rate
Case Expenses. [Ricardo Palacios, City Attorney]
VIII. VARIANCES
A. Consider Variance Request to the City's Unified Development Code Article 12,
Signs, Division 12.203, Off-Premise Signs for Rio D.M.E Medical Supply Services,
Located at 1217 South Closner Blvd., as Requested by Jessica Lozano and Marie
Lozano. [Richard M. Hinojosa, Director of Planning & Zoning]
B. Consider Variance Request to the City's Unified Development Code Article 7,
Section 7.502 Streets and Right-of-Way, Subsection C. Perimeter Street: Pavement or
Fee in Lieu Required for Palacio Real at Monte Cristo Subdivision, a 12.91 Acre
Tract of Land Being a Portion of Lot 20, all of Lots 21 thru 23, a Portion of Lots 24,
25, and 26, Block "C", all of Lots 1 thru 16, Lots 22 thru 37, Block "F", and Portion
of Country Club Drive, Monte Cristo Inn & Country Club Unit No.1, Located on the
East Side of Doolittle Road 360.00 Feet North of Rogers Road, as Requested by
Quintanilla, Headley, and Associates, Inc. [Richard M. Hinojosa, Director of
Planning & Zoning]
C. Consider Variance Request to the City's Unified Development Code Article 8,
Section 8.213 Sidewalks for Palacio Real at Monte Cristo Subdivision, Being a 12.91
Acre Tract of Land Being a Portion of Lot 20, all of Lots 21 thru 23, a Portion of Lots
24, 25, and 26, Block "C", all of Lots 1 thru 16, Lots 22 thru 37, Block "F", and
Portion of Country Club Drive, Monte Cristo Inn & Country Club Unit No.1,
Located on the East Side of Doolittle Road 360.00 Feet North of Rogers Road, as
Requested by Quintanilla, Headley, and Associates Inc. [Richard M. Hinojosa,
Director of Planning & Zoning]
IX.
APPOINTMENTS
A. Discuss and Consider Appointments to the City Advisory Board and Committee for the
Following: Amigos Del Valle, One Member, One Alternate
x.
AWARDING OF BIDS
A. Consider Awarding Bid No. 2014-89, Piping System Replacement for Stations 2 and
3 to Servis Plumbing Contractors, in the Amount of $54,475 and Authorize the City
Manager to Enter into a Contract Relating Thereto. [Shawn M. Snider, Fire ChiefJ
B. Consider Awarding Bid No. 2014-103, Freddy Gonzalez Park Irrigation System
Project to Green Thumb Landscaping, LLC, in the Amount of $44,500 and Authorize
the City Manager to Enter into a Contract Relating Thereto. [Luis A. Rodriguez,
Director of Community Services]
C. Consider Awarding Bid No. 2014-104, Cibolo Water Tower Repairs to Pittsburg Tank
and Tower Maintenance Co., Inc., in the Amount of $28,000 and Authorize the City
Manager to Enter into a Contract Relating Thereto. [Arturo Martinez, Director of
Utilities]
D. Consider Awarding Bid No. 2014-105, New 55 Ton Low Boy Trailer to Holden
Industries, Inc., in the Amount of $58,292. [Shawn M. Snider, Fire ChiefJ
E. Consider Awarding Bid No. 2014-108, Thermoplastic Pavement Markings to Valley
Striping Corp., for the Base Bid Amount of $10,156.90 and Add Alternate No.1, in
the Amount of $6,355, for a Total Amount of $16,511.90 and Authorize the City
Manager to Enter into an Agreement Relating Thereto. [ponciano N. Longoria, P.E.
C.F.M., Director of Public Works]
F. Consider Rejecting Bid No. 2014-102, Memorial Park Tennis Court Lighting Project.
[Luis A. Rodriguez, Director of Community Services]
G. Consider Authorizing the City Manager to Enter Into Task Order No.1 Between the
City of Edinburg and Milnet Architectural Services, Based on RFQ 2013-005, for
Architectural Services for Schematic Design for Edinburg Fire Station #5, in the
Amount Not-to-Exceed $15,000. [Shawn M. Snider, Fire ChiefJ
H. Consider Authorizing the City Manager to Enter Into Task Order No.2 Between the
City of Edinburg and Trinity Soils Investigation Laboratories, Based on RFQ 2013006, for the Geo-Technical Engineering Services for 8.0 MGD West Water Plant
Expansion Project, in the Amount of$63,123. [Arturo Martinez, Director of Utilities]
XI.
CONTRACTUAL
A. Consider Authorizing the City Manager to Enter Into a Frequency Reconfiguration
Agreement Between the City of Edinburg and Nextel of Texas, Inc. ("Sprint"), a
Wholly Owned Indirect Subsidiary of Sprint Corporation, in the Amount of
$510,865.78. [Shawn M. Snider, Fire ChiefJ
XII.
RESOLUTIONS
A. Consider Resolution Authorizing the City Manager to Submit Grant Application to
the Lower Rio Grande Valley Development Council, FY 2015 Homeland Security
Grant Program, and Execute Grant Documents for the Application, in the Amount
of $41,027. [Rolando Castaneda, Chief of Police]
B. Consider Resolution Authorizing the City Manager to Submit Grant Application to
the Lower Rio Grande Valley Development Council, FY 2015 Homeland Security
Grant Program, and Execute Grant Documents for the Application, in the Amount
of$65,745. [Rolando Castaneda, Chief of Police]
C. Consider Resolution Authorizing the City Manager to Submit Grant Application to
the Lower Rio Grande Valley Development Council, FY 2015 Homeland Security
Grant Program, and Execute Grant Documents for the Application, in the Amount
of $25,000. [Shawn M. Snider, Fire Chief]
XIII. BUDGET
A. Consider Certification of 2014 Anticipated Debt Collection Rate and 2013 Excess
Debt Collection. [Ascencion Alonzo, Director of Finance]
B. Discuss and Consider Proposed Tax Rate for the City of Edinburg for Fiscal Year
Beginning October 01, 2014 through September 30, 2015 and Setting Public
Hearings. [Ascencion Alonzo, Director of Finance]
C. Consider Transfers of Funds in the Fiscal Year 2013-2014 Budget Within the
Following Accounts:
1. General Fund: FROM Other TO Part-Time Wages, in the Amount of $75,000.
[Joe Filoteo, Director of Parks & Recreation]
2. General Fund: FROM Traffic Controls TO Rents & Contracts, in the Amount of
$20,000. [ponciano Longoria, P.E., C.F.M., Director of Public Works]
3. Utility Fund: FROM Machines & Equipment TO Professional Services; and
Equipment, in the Amount of$23,296. [Arturo Martinez, Director of Utilities]
4. Los Lagos Golf Club: FROM Rents & Contractual TO Machines & Equipment,
in the Amount of $11 ,000. [Sonia Marroquin, Assistant City Manager]
5. C.D.B.G.: FROM Jackson Point Subdivision Sewer Improvements TO Irrigation
System Freddy Gonzalez Park, in the Amount of $8,500. [Marissa Garza,
Director of Community Development]
XIV.
CONSENT AGENDA
A. Consider Approval of City Council Minutes for April 02, 2013, April 16,2013, May
07, 2013 Regular Meetings; April 09, 2013 Special Meeting; April 04, 2013 Special
Joint Meeting. [Myra 1. Ayala Garza, City Secretary]
xv.
EXECUTIVE SESSION
The City Council will convene in Executive Session, in accordance with the Texas Open
Meetings Act, Vernon's Texas Statutes and Codes Annotated, Government Code,
Chapter 551, Subchapter D, Exceptions to Requirement that Meetings be Open, §551.071
Consultation with Attorney; §551.0n Deliberation Regarding Real Property; §551.074
Personnel Matters; §551.087 Deliberations Regarding Economic Development
Negotiations; and Closed Meeting.
A. Discussion and Possible Action Regarding Legal Issues Concerning Proposed
Agreement Between City of Edinburg and Jolly Law Firm for Review of Defects to
Construction of Public Facilities.
B. Discussion and Possible Action Regarding Legal Issues Concerning Arbitration No.
7020 13000190; LO.C. and City of Edinburg.
C. Discussion and Possible Action Regarding Legal Issues Concerning Proposed Water
Supply Rental and Delivery Contract with Hidalgo County Irrigation District No.1.
D. Discussion and Possible Action Regarding Legal Issues Concerning Proposed Buyout
of Areas of Certificate of Convenience Between City of Edinburg and Sharyland
Water Supply Corporation.
E. Discussion and Possible Action Regarding Legal Issues Concerning Proposed
Estoppel Certificate Relating to a Proposed Sale to Texas Regional Bank of a Note
Payable by City of Edinburg to Ebony Hills Improvement Company.
F. Discussion and Possible Action Regarding Project Drill.
G. Discussion and Possible Action Regarding Legal Issues Concerning Financial
Advisory Agreement.
H. Discussion and Possible Action Regarding Legal Issues Concerning Workers'
Compensation Program.
I. Discussion and Possible Action Regarding Legal Issues Concerning Proposed Meet
and Confer Agreement with the Edinburg United Police Officer's Association.
J. Discussion and Possible Action Regarding Legal Issues Concerning Proposed Meet
and Confer Agreement with the Edinburg Professional Firefighters' Association.
K. Discussion and Possible Action Regarding Legal Issues Concerning Personnel
Matters.
OPEN SESSION
The City Council will convene in Open Session to take necessary action, if any, in
accordance with Chapter 551, Open meetings, Subchapter E, Procedures Relating to
Closed Meeting, §551.102, Requirement to Vote or Take Final Action in Open Meeting.
XVI. ADJOURNMENT
I hereby certify this Notice ofa City Council Meeting was posted in accordance with the
Open Meetings Act, at the City Offices of the City of Edinburg, located at the 415 West
University entrance outside bulletin board, visible and accessible to the general public
during and after regular working hours. This notice was posted on August 1, 2014 at
4:55 p.m.
By: -'+------;---+--'-""---"""""""'i7'-----"'-"
All Matters Listed Under Consent Agenda Are Considered To Be Routine By The Governing Body And Will Be Enacted By One Motion. There Will Be
No Separate Discussion Of These Items. If Discussion Is Desired, That Item Will Be Removed From The Consent Agenda And Will Be Considered
Separately. With Regard To Any Item, The City Council May Take Various Actions; InclUding But Not Limited To Rescheduling An Item In Its Entirety
For A Future Date Or Time. The City Council May Elect To Go Into Executive Session On Any Item Whether Or Not Such Item Is Posted As An
Executive Session Item At Any Time During The Meeting When Authorized By The Provisions Of The Open Meetings Act.
Disability Access Statement
Persons with disabilities who plan to attend this meeting and who may need auxiliary aid or services are requested to
contact the City Secretary Department at (956) 388-8204 at least two business days prior to the meeting so that appropriate
arrangements can be made. The accessible entrance and accessible parking spaces are located at Edinburg City Hall, 415
West University.