Edinburg City Council
City of Edinburg, Hidalgo County, Texas
Location: City of Edinburg
City Hall-Council Chambers
415 West University Dr.
Edinburg, Texas 78541
March 19, 2019
Regular Meeting Agenda
6:00 PM
1. Call to Order, Establish Quorum
A. Presentation of Colors.
B. National Anthem.
C. Pledge of Allegiance.
D. Prayer.
2. Certification of Public Notice
3. Mayor's Report
A. Past Events
B. Upcoming Events
4. 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.
5. Proclamations
A.

Proclamation recognizing:

1. Girl Scouts of Greater South Texas

2. RGV Flames Volleyball Team

3. Edinburg High School JROTC Cadets Bataan Memorial Death March Team

6. Presentations and Reports
A.

Presentation of the Patriotic Employer Award to Martin Martinez, Parks and Recreation Supervisor by 2nd Lieutenant David Molina. [Javier Garza, Director of Parks & Recreation]

B.

Presentation by Hilltop Securities relating to City of Edinburg General Obligation Bond Series 2019.

7. Public Hearings
A. ROUTINE ITEMS (All matters listed under Routine Items have been considered and acted upon by the Planning & Zoning Commission. A 4/5 vote is required by the City Council to overturn the Planning & Zoning Commission action. These items will be enacted by One Motion. If there is opposition or if discussion is desired on any item(s), such item(s) will be removed from the Routine Items section of the agenda and will be considered separately.)
1.

Hold public hearing and consider the ordinances providing for the Comprehensive Plan Amendment from Auto-Urban Uses to Urban Uses and the Rezoning Request from Suburban Residential (S) District to Urban Residential (UR) District, Being 25.984 Acres Out of Lots 1, 2 & 3 and Abandoned Irrigation Canal, Located 300 feet East from the Corner of Veterans Blvd. on Wisconsin Road and about 600 feet South on Veterans Blvd., As Requested By Julio Carranza. (A 4/5 vote is required by the City Council to overturn the Planning & Zoning Commission action.) [Jesus R. Saenz, Director of Planning & Zoning]

2.

Hold public hearing and consider the ordinances providing for the Comprehensive Plan Amendment from Agricultural Uses to Auto Urban Uses and the Rezoning Request from Agriculture (AG) District to Auto Urban Residential (AU) District, Being a 37.39 Acre Tract of Land, Out of a Portion of Lot 7 and Lot 2, Section 247, Texas Mexican Railway Companys Survey, Located at the Southeast Corner of Monte Cristo and Cesar Chavez Road, As Requested By Medusa Investments LLC. ( A 4/5 Vote is required by the City Council to overturn the Planning & Zoning Commission action.)  [Jesus R. Saenz, Director of Planning & Zoning]

3.

Consider variance to the Unified Development Code Article 12, Signs, Division 12.300, On Premise Signs, Being Lot 2, West Meadows Plaza Subdivision, Located at 1501 South Mccoll Road, As Requested By Richard Davidson. [Jesus R. Saenz, Director of Planning and Zoning]

8. Consent Agenda
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.
A.

Consider ordinance providing for a Temporary Special Use Permit and Waiver of Fees for the “22nd Annual Casa Walk / Candle Light Vigil” to be held Saturday, Thursday, April 4, 2019 , at the Edinburg City Hall Courtyard, located at 415 West University Dr., as requested by CASA of Hidalgo County Inc. [Jesus R. Saenz, Director of Planning and Zoning]

B.

Consider authorizing the purchase of one (1) 2019 Ford F350 fifteen (15) passenger van with prisoner transport system and five (5) year bumper to bumper warranty from Silsbee Ford through Texas Smart Buy in the amount of $38,359.00. [Cesar Torres, Chief of Police]

C.

Consider authorizing the purchase of new studio light fixtures for the Communications and Media Department studio in the amount of $49,317.80. [Cary Zayas, Director Communications and Media Department]

D.

Consider approval to renew licensing agreement with Sophos Anti-Virus Software for a 36 month term through Solid Border DIR-TSO in the amount of $11,647.93 annually for a total amount of $34, 943.79 and authorize City Manager to execute any documents relating thereto. [Daniel Vera., Director Information Technology]

E.

Consider awarding Bid No. 2019-65 Metal Shelters to McHome Metal Fabricators, Inc. in the amount of $44,700. [Javier Garza, Parks & Recreation Director]

F.

Consider rejecting Bid No. 2019-42, purchase of three (3) new Articulate Dump Trucks. [Ramiro L. Gomez, Director Solid Waste Management]

G.

Consider rejecting Bid No. 2019-41, purchase of one new Backhoe Loader. [Ramiro L. Gomez, Director of Solid Waste Management]

H.

Consider rejecting Bid No. 2019-39, purchase of one new Track Type Tractor D8T. [Ramiro L. Gomez, Director of Solid Waste Management]

9. Bids/Contractuals
A.

Consideration of Bids relating to the Sale of Obligations Designated as “CITY OF EDINBURG, TEXAS GENERAL OBLIGATION BONDS, SERIES 2019”; Consideration and Approval of Financial Advisor’s Recommendation Concerning this Matter; and Other Matters in Connection Therewith. [Omar Ochoa, City Attorney]

B.

Consider awarding Bid No 2019-59, LED Marquee Sign, Item 1 and Item 3 to Golden Rule Signs in the amount of $33,744.68. [ Javier Garza, Director of Parks & Recreation]

C.

Consider authorizing the City Manager to execute a Facility Lease Agreement between the Harlingen Consolidated Independent School District a Texas Public School and the City of Edinburg Fire Department. [Shawn M. Snider, Fire Chief]

D.

Consider awarding Bid No. 2019-61, reconstruction of one (1) residence – 112 34th Street, in the Housing Assistance Program to Freedom Built Construction in the amount of $58,500 and authorize the City Manager to enter into a contract relating thereto. [Marissa Garza, Director of Community Development/Grants Management]

E.

Consider authorizing City Manager to enter into a Waterline Access Agreement with Sharyland Water Supply Corporation and VICA Texas Enterprises, L.P., to provide Fire Protection Services for Windsor Estates Subdivision. [Arturo Martinez, Director of Utilities]

F.

Consider authorizing the City Manager to negotiate and enter into Job Task Order No. 1 with Quintanilla, Headley & Associates, Inc., based on RFQ 2019-001, for Professional Engineering Services for the Owassa Road Phase 1 Project. [Mardoqueo Hinojosa, P.E., CFM, City Engineer]

G.

Consider authorizing the City Manager to negotiate and enter into Job Task Order No. 2 with R.E. Garcia & Associates, based on RFQ 2019-001, for Professional Engineering Services for the 2013 Annexation Improvements Project. [Mardoqueo Hinojosa, P.E., CFM, City Engineer]

H.

Consider awarding Bid No. 2019-44, purchase of two (2) half-ton trucks to Caldwell County Chevrolet of Caldwell, Texas in the amount of $56,390.00 [Ramiro L. Gomez, Director Solid Waste Management]

I.

Consider awarding Bid No. 2019-45, purchase of two (2) new Residential Automated Right Hand Drive Side Load Retriever, to Rush Truck Centers of Pharr, Texas in the amount of $639,770. [Ramiro L. Gomez, Director Solid Waste Management]

J.

Consider awarding Bid No. 2019-47, purchase of two (2) Truck Mounted Knuckleboom with Refuse Collection Dumpbody to Rush Truck Centers of Pharr, Texas in the amount of $426,809.70 [Ramiro L. Gomez, Director Solid Waste Management]

K.

Consider awarding Bid No. 2019-40, purchase of one new Steel Wheel Landfill Compactor, to Holt Cat of Edinburg, Texas in the amount of $1,110,800.00. [Ramiro L. Gomez, Director Solid Waste Management]

L.

Consider authorizing the purchase of a 1050K Crawler Dozer through Buyboard, a Cooperative Purchasing Entity in the State of Texas, from Doggett Heavy Machinery Services of San Juan, Texas in the amount of $664,862.00. [Ramiro L. Gomez, Director Solid Waste Management]

10. Variance
A.

Consider variance request to the City’s Unified Development Code as follows: 1. Article 8- Streets, Utilities, and Drainage, Section 8.204 Street Standards, 2. Article 8- Streets, Utilities, and Drainage, Section 8.213, Sidewalks, 3. Article 8- Streets, Utilities, and Drainage, Section 8.402, Water Supply, Robert Arce Estates, A 1.22 Acre Tract of Land out of Lot 23, Caledonia Estates Subdivision, Hidalgo County, Texas, Located on the North side of Curve Road and East of Doolittle Road, As Requested by Pablo Soto, Jr., P.E., [Jesus R. Saenz, Director of Planning]

11. Ordinances
A.

Consideration and approval of an Ordinance by the City Council of the City of Edinburg, Texas Authorizing the Issuance of “City Of Edinburg, Texas General Obligation Bonds, Series 2019”; Levying a Continuing Direct Annual Ad Valorem Tax for the Payment of the Bonds; Prescribing the Form, Terms, Conditions, and Resolving Other Matters Incident and Related to the Issuance, Sale, and Delivery of the Bonds, Including the Approval and Distribution of an Official Statement Pertaining Thereto; Authorizing the Execution of a Paying Agent/Registrar Agreement and an Official Bid Form; Complying With the Provisions of the Depository Trust Company’s Letter of Representations; Enacting Other Provisions Incident and Related to the Subject and Purpose of this Ordinance; and Providing for an Effective Date. [Omar Ochoa, City Attorney]

12. Resolutions
A.

Consider resolution implementing an amnesty program to waive fines on overdue library materials returned during the month of April 2019. [Leticia S. Leija, Director of Library & Cultural Arts]

13. 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 Cause No. C-3049-18-H; City of Edinburg, Texas vs. Candela Organization, L.L.C.; in the 389th Judicial District Court of Hidalgo County, Texas. (§551.071. Consultation with Attorney; Closed Meeting).

B.

Discussion and Possible Action Regarding Cause No. C-0741-13-F;  City of Edinburg, Texas vs. AT&T Corp., Southwestern Bell Telephone Company d/b/a AT&T Texas, R. Gutierrez Engineering Corp., and Oneok, Inc., d/b/a Texas Gas Service; in the 332nd  Judicial District Court of Hidalgo County, Texas. (§551.071. Consultation with Attorney; Closed Meeting)

C.

Discussion and Possible Action Regarding Waiver of Interest and Penalties on Mowing Liens for a Specified Period of Time.  (551.071. Consultation with Attorney; Closed Meeting.)

D.

Discussion and Possible Action Regarding Sick Leave Pay Outs and Insurance Benefits. (§ 551.074. Personnel Matters; Closed Meeting, and §551.071.  Consultation with Attorney; Closed Meeting.)

E.

Discussion and Possible Action Regarding Proposed Ordinance Amending the Unified Development Code by Adding Article 2 Land Uses, Section 2.301(D)(9), General, Fences Facing or Abutting a Golf Course.  (551.071. Consultation with Attorney; Closed Meeting.)

F.

Discussion and possible action regarding potential litigation concerning re-issuance of Landfill Permit (§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.
14. 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 March 15, 2019 at 5:45 pm.
By:
Ludivina Leal, City Secretary
City of Edinburg, Texas
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.