Edinburg City Council
City of Edinburg, Hidalgo County, Texas
Location:

City of Edinburg 
Municipal Auditorium
415 West University Dr.
Edinburg, Texas 78541

MAY 02, 2017

           
Regular Meeting Agenda
6:00 PM
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 ask for everyone's cooperation in following this procedure.
IV. Proclamation
           
A.

Presentation of Proclamation Recognizing:

1. May 14-20, 2017 as Food Allergy Awareness Week.

V. Public Hearings
A.

Hold Public Hearing and Consider Ordinances Providing for the Comprehensive Plan Amendment from Auto-Urban Uses to General Commercial Uses and the Rezoning Request from Neighborhood Conservation 7.1 (NC7.1) District to Commercial General (CG) District, Being all of Lot 22, Cactus Land Subdivision Ph. 2, Located at 9405 N. Interstate 69C, as Requested by Fidel Cortez. (A 4/5 Vote is Required by City Council to Overturn the Planning & Zoning Commission Action.) [Jesus R. Saenz, Director]

B.

Hold Public Hearing and Consider Ordinance Providing for the Rezoning Request from Neighborhood Conservation 7.1 (NC7.1) District to Urban Residential (UR) District, Being all of Lot 5 & 6 Block 9, Country Club Place Subdivision, Located at 1221 S. 8th Avenue, as Requested by MRSJ Investments. [Jesus R. Saenz, Director of Planning & Zoning]

VI. Ordinances
A.

Consider Ordinance Providing for a Temporary Special Use Permit for a Special Event, “Back the Badge 5K Run/Walk” to be Held Saturday, May 27, 2017, at the Edinburg Municipal Park, Being the South Half of Lot 11, Section 268, Texas-Mexican Railway Company Survey, Located at the Intersection of Raul Longoria Road and East Sprague Street, as Requested by Mr. Jose A. Flores. [Jesus R. Saenz, Director of Planning and Zoning]

B.

Consider Ordinance Providing for a Temporary Special Use Permit for a Special Event, “Doctor’s Hospital at Renaissance Hospital Week” to be Held May 13, 2017, at the Edinburg Parks and Recreation Center, Being Lot 10, Section 271, Texas-Mexican Railway Company Survey, Located at 123 East Palm Drive, as Requested by Ms. Laura Cisneros. [Jesus R. Saenz, Director of Planning and Zoning]

C.

Consider Reviewing and Approving Ordinance Amending the Budget for the 2016-2017 Fiscal Year by Providing Additional Revenues, Additional Appropriations, and Carry-Overs Re-Appropriations to the General Fund, Utility Fund, Water Plant - Phase 2 Construction Fund, South Texas International Airport at Edinburg Fund, Solid Waste Management Fund, Los Lagos Golf Club Fund, T.C.S.A. Fund, C.D.B.G. Fund, Capital Projects Fund, and the Boys & Girls Club Fund. [Ascencion Alonzo, Director of Finance]

VII. Variances
           
A.

Consider Variance to the Unified Development Code Article 12, Signs, Division 12.300, On Premise Signs, Being Lot 21, Block 1, The Boardwalk Subdivision, Located at 2167 South McColl Road, as Requested by Rio Tex Neon Signs. [Jesus R. Saenz, Director of Planning & Zoning]

B.

Consider Variance to the Unified Development Code Article 12, Signs, Division 12.300, On Premise Signs, Being Lot 1 Attic X Subdivision, Located at 1001 South McColl Road, as Requested by Rio Tex Neon Signs. [Jesus R. Saenz, Director of Planning & Zoning]

VIII. Awarding of Bids
A.

Consider Awarding Bid No. 2017-39, Fire Department Uniforms to Galls, LLC., in the Amount of $29,130. [Shawn M. Snider, Fire Chief]

B.

Consider Awarding Bid No. 2017-68, Reconstruction of One (1) Residence – 2715 El Paso, in the Housing Assistance Program to Quality Investments, in the Amount of $58,499.99 and Authorize the City Manager to Enter into a Contract Relating Thereto. [Marissa Garza, Director of Community Development/Grants Management]

C.

Consider Awarding Bid No. 2017-72, Purchase of Carbines to GT Distributors, Inc., in the Amount of $30,655.98. [David White, Chief of Police]

D.

Consider Awarding Bid No. 2017-76, Lift Station Fence Project – Lift Station #32 to American Water Services, LLC, in the Amount of $18,500 and Authorize the City Manager to Enter Into an Agreement Relating Thereto. [Arturo Martinez, Director of Utilities]

E.

Consider Awarding Bid No. 2017-77, Onsite Energy Standby Generator for Pump Station No.1 to Electro Cooling Service, LLC, for the Base Bid Amount of $194,500 and Authorize the City Manager to Enter Into a Contract Relating Thereto. [Arturo Martinez, Director of Utilities]

F.

Consider Awarding Bid No. 2017-79, Coating & Lining Services for Sanitary Sewer Manholes & Lift Station Wet-Wells, to Southern Trenchless Solutions, LLC Per Unit Prices, in the Amount Not-to-Exceed $383,500. [Arturo Martinez, Director of Utilities]

G.

Consider Awarding RFP No. 2017-012, Redesign and Development of City Website to Revize Software Systems; and Authorize the City Manager to Negotiate and Enter into a Service Agreement Not-to-Exceed $76,700. [Sonia Marroquin, Assistant City Manager]

H.

Consider Awarding RFP No. 2017-015, 2017 Parks Sound System to Melhart Music Center in the Amount of $40,843.35 and Authorize the City Manager to Enter Into an Agreement Relating Thereto. [Joe Filoteo, Director of Parks & Recreation]

I.

Consider Awarding Job Task Order No. 1 to Professional Service Industries, Inc. (PSI), Based on RFQ No. 2016-006, for Geo-Technical Engineering for Construction Materials Testing and Observation of Edinburg Fire Station #5, in the Amount Not-to-Exceed $21,108.50 and Authorize the City Manager to Execute Said Job Task Order. [Shawn Snider, Fire Chief]

J.

Consider Rejecting Bid No. 2017-74, Purchase of One (1) 150 KW Portable Generator. [Arturo Martinez, Director of Utilities]

K.

Consider Rejecting Bid 2017-78, Purchase of a 10 Yard Satellite Dump Body Attachment. [Ramiro L. Gomez, Director Solid Waste Management]

IX. Contractuals
A.

Consider Authorizing the City Manager to Amend the 20 Foot Easement Dedication Agreement by Adding an Additional ±100 Linear Feet to Finalize the Relocation of a 2 3/8 Inch Gas Distribution Line at the Edinburg Regional Sanitary Landfill by Vernon E. Faulconer, Inc. Owner and Operator of Youngblood #1 Well (U 2368) San Salvador Field. [Ramiro L. Gomez, Jr., Director of Solid Waste Management]

B.

Consider Authorizing the City Manager to Execute Contract Modification Number M-003 to Contract Number HL-01009 for the Hangar Lease at South Texas International Airport at Edinburg Between the City of Edinburg and the Texas Department of Public Safety - Aircraft Division. [Sonia Marroquin, Assistant City Manager]

C.

Consider Authorizing the City Manager to Enter into an Interlocal Site Lease Agreement Between the City Edinburg and Edinburg Consolidated Independent School District to Place an Antenna and Radio Communication Equipment at the Cibolo Water Tower. [Arturo Martinez, Director of Utilities]

D.

Consider and Approve Professional Judicial Service Contract with Temporary Judge Hector Bustos and Proposed First Amendment to Professional Judicial Service Contract with Temporary Judge Rogelio Solis and Authorize the City Manager to Execute Documents Related Thereto. [Sonia Marroquin, Assistant City Manager]

X. Resolutions
A.

Consider Approval of Resolution Finding, Among Other Things, that AEP Texas Central Company's Application for Approval of a Distribution Cost Recovery Factor to Increase Distribution Rates within the City should be Denied. [Ricardo Palacios, City Attorney]

B.

Consider Amending and Restating Resolution No. 2282 Authorizing the City Manager to Submit a Grant Application to the Office of the Governor, for the 2017 Law Enforcement Terrorist Prevention Activities (LEPTA), and Execute any Other Documents Related Thereto. [David White, Chief of Police]

XI. Waiver
A.

Consider Authorizing the City Manager to Waive Fees for the Use of the Edinburg Municipal Auditorium for the Miss Angel of Love Pageant. [Richard M. Hinojosa, City Manager]

XII. Appointment
           
A.

Discuss and Consider Appointment to the City Advisory Board and Committee for the Following:

1. Civil Service Commission-One Member

XIII. 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. 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.
A.

Discussion and Possible Action Regarding Economic Incentives Concerning Project Spread. (§551.071. Consultation with Attorney; Closed Meeting; §551.072. Deliberation Regarding Real Property; Closed Meeting; and 551.087 Deliberations Regarding Economic Development Negotiations; Closed Meeting)

B.

Consultation with Attorney and Possible Action Regarding Cause No. C-7318-14-H; Hector Guadalupe Mata Martinez, et al. vs. City of Edinburg, et al; in the 389th Judicial District Court; Hidalgo County, Texas.(§551.071. Consultation with Attorney; Closed Meeting.)

C.

Discussion and Possible Action Regarding Legal Issues Concerning Cause No. C-4765-16-G; Royal Production Company, Inc. vs. City of Edinburg, Texas, et al; In the 370th Judicial District Court of Hidalgo County, Texas. (§551.071. Consultation with Attorney; Closed Meeting)

D.

Consultation with Attorney and Possible Action Regarding Cause No. C-4951-16-F; Ruben Alfaro vs. Boys' and Girls' Club of Edinburg Rio Grande Valley, Inc.; in the 332nd Judicial District Court; Hidalgo County, Texas.(§551.071. Consultation with Attorney; Closed Meeting.)

E.

Discussion and Possible Action Regarding Pending Litigation for Building Defects at Dustin Sekula Memorial Library,  Edinburg City Hall, Police Headquarters and  Solid Waste Treatment Center;   Cause No. C-6817-14-A; City of Edinburg vs. DESCON CONSTRUCTION, ENRIQUEZ ENTERPRISES, INC., VELASCO CONSTRUCTION DEVELOPMENT, LP,  (Incorrectly Named Defendant  JOHNSON BROTHERS CONSTRUCTION LLC , Correctly named  Defendant JOE WILLIAMSON CONSTRUCTION COMPANY).  (§552.071 Consultation with Attorney; Closed Meeting.)

F.

Discussion and Possible Action Concerning  Legal Issues Regarding Fernando Casas Rivera vs. City of Edinburg Claim. (§551.071. Consultation with Attorney; Closed Meeting.)

G.

Discussion and Possible Action Regarding Legal Issues Concerning  Docket No. 44206 Petition of Sharyland Water Supply Corporation for Cease and Desist Order Against the City of Edinburg Before the Public Utility Commission of Texas (§551.071. Consultation with Attorney; Closed Meeting.)

H.

Discussion and Possible Action Regarding Legal Issues Concerning First Amendment to Intergovernmental Cooperative Agreement Between the City of Edinburg and Palm Valley Animal Center (PVAC) for the Operation of a Regional Animal Shelter, for the Period of October 1, 2016, through September 30, 2017. (§551.071 Consultation with Attorney; Closed Meeting.)

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.
XIV. Adjournment
  I hereby certify this Notice of a 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 April 28, 2017 at 5:15 p.m.
  By:  /s/Myra L. Ayala Garza  
  Myra L. Ayala Garza, City Secretary  
  City of Edinburg, Texas  
           
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.