F

r~

\J

oCIT YTHE

I

~ ) ~N~U!GCITYC~ILUCITY OF EDINBURG, HIDALGO COUNTY, TEXAS

LOCATION: City ofEdinburgCity Hall-Council Chambers415 West University Dr.Edinburg, Texas 78541

APRIL 07,2015

REGULAR MEETING AGENDA6:00P.M.

I. CALL TO ORDER, ESTABLISH QUORUM

A. Prayer.

B. Pledge of Allegiance.

II. CERTIFICATION OF PUBLIC NOTICE

III. PUBLIC COMMENTSThe Mayor and City Council allow for a specific portion of the City Council Meeting tobe dedicated to public comments. Public Comments are limited to three (3) minutes. Ifaresident desires to make a public comment, please complete the Public Comments Formwhich will be located outside of the City Council Chambers and submit the completedform to the City Secretary prior to the commencement of the City Council Meeting. Weaskfor everyone's cooperation infollowing this procedure.

IV. PRESENTATIONS

A. Presentation Recognizing the City of Edinburg Parks and Recreation DepartmentYouth Boys Basketball League Champions for Ages 5-6, 7-8, 9-10, and 11. [JoeFiloteo, Jr., Director ofParks and Recreation]

B. Presentation and Consideration Regarding the Proposed Bicycle Facilities for PalmDrive Between Stadium Drive and Closner Boulevard. [Ponciano N. Longoria, P.E.,C.F.M., Director of Public Works]

C. Presentation by Jesus Leal, P.E., Principal with NorrisLeal Engineering WaterRegarding Brackish Desalination Facility. [Arturo Martinez, Director of Utilities]

415 W. University Drive • P.O. Box 1079 • Edinburg, Texas 78540Phone (956) 388·8204 • Fax (956) 383·7111

V. PROCLAMATIONS

A. Presentations of Proclamations Recognizing:1. Robert Vela High School Mock Trial Team. [Ramiro Garza, Jr., City Manager]2. April 07, 2015 as National Service and Volunteerism Day. [Ramiro Garza, Jr.,

City Manager]3. April 2015 as Fair Housing Month. [Marissa Garza, Director of Community

Development/Grants Management]4. April 06-11, 2015 as 2015 National Community Development Week. [Marissa

Garza, Director of Community Development/Grants Management]

VI. RESOLUTIONS

A. Consider Resolution in Support of a Healthcare District for Hidalgo County. [RamiroGarza, Jr., City Manager]

B. Consider Resolution Authorizing the City Manager or His Designee to Enter into aMemorandum of Understanding Between the City of Edinburg Police Departmentand Immigration and Customs Enforcement (ICE), Special Agent in Charge (SAC),San Antonio, Texas for Overtime for Officers on Joint Task Force. [RolandoCastaneda, Chief of Police]

C. Consider Resolution Authorizing the City Manager or His Designee to Enter into aMemorandum of Understanding (MOU) Between the Texas Department of PublicSafety (DPS) and the City of Edinburg Police Department. [Rolando Castaneda,Chief of Police]

D. Consider Resolution Authorizing the City Manager to Submit Grant Application tothe Texas State Library and Archive Commission FY2015 Interlibrary Loan LendingReimbursement Program, and Execute Grant Documents for the Application Requestand Reimbursement. [Leticia S. Leija, Director of Library & Cultural Arts]

VII. PUBLIC HEARINGS

A. Hold Public Hearing for the Safe Routes to School Phase II New Sidewalk LocationsUpdate. [ponciano N. Longoria, P.E., C.F.M., Director of Public Works]

B. Hold Public Hearing and Consider Ordinances Providing for the Comprehensive PlanAmendment From Urban Uses to Auto Urban Uses and the Rezoning Request FromNeighborhood Conservation 7.1 (NC 7.1) Residential District to Auto Urban (AU)District, Being Lot 12, Block 339, Edinburg Original Townsite, Located at 301 E.Champion, Requested by Amelia Solis. (Requires a 4/5 vote by the City Council to

overturn Planning and Zoning Commission Action) [Richard M. Hinojosa, Director ofPlanning and Zoning]

C. Hold Public Hearing and Consider Ordinances Providing for the Comprehensive PlanAmendment From Urban Uses to Auto Urban Uses and the Rezoning Request FromNeighborhood Conservation 7.1 (NC 7.1) Residential District to Auto Urban (AU)District, Being Lot 11, Block 339, Edinburg Original Townsite, Located at 305 E.Champion, Requested by Angela Solis. (Requires a 4/5 vote by the City Council tooverturn Planning and Zoning Commission Action) [Richard M. Hinojosa, Director ofPlanning and Zoning]

D. Hold Public Hearing and Consider Ordinances Providing for the Comprehensive PlanAmendment From Urban Uses to Auto Urban Uses and the Rezoning Request FromNeighborhood Conservation 7.1 (NC 7.1) Residential District to Auto Urban (AU)District, Being Lot 12, Block 345, Edinburg Original Townsite, Located at 421 W.Champion, Requested by Michael Sanchez. (Requires a 4/5 vote by the City Councilto overturn Planning and Zoning Commission Action) [Richard M. Hinojosa, Directorof Planning and Zoning]

E. Hold Public Hearing and Consider Ordinances Providing for the Comprehensive PlanAmendment from Auto-Urban Uses to Commercial Uses and the Rezoning Requestfrom Urban Residential (UR) District to Commercial General (CG) District, BeingLot 1, Phase 1, Las Violetas Subdivision, Located at 2102 West Elisa Lane,Requested by Ruben Gutierrez. (Requires a 4/5 vote by the City Council to overturnPlanning and Zoning Commission Action) [Richard M. Hinojosa, Director ofPlanning and Zoning]

F. Hold Public Hearing and Consider Ordinance Providing for the Rezoning Requestfrom Agriculture (AG) District to Commercial Neighborhood (CN) District, Being a3.306 Acre Tract of Land Out of Lot 1, Block 1, Steele & Pershing Subdivision,Located at 450 ft. East of South McColl Road on the North Side of Canton Road,Requested by Douglas Washington. (Requires a 4/5 vote by the City Council tooverturn Planning and Zoning Commission Action) [Richard M. Hinojosa, Director ofPlanning and Zoning]

G. Hold Public Hearing and Consider Ordinance Providing for the Rezoning Requestfrom Agriculture (AG) District to Auto Urban (AU) District, Being a 2.9 Acre Tractof Land Out of Lot 65, Kelly-Pharr Subdivision, Located at 905 E. Owassa Road, asRequested by Rosa Garcia. [Richard M. Hinojosa, Director of Planning and Zoning]

VIII. ORDINANCES

A. Consider Ordinance Providing for a Temporary Special Use Permit and a Request forWaiver of Application Fees for "7th Annual Spring Festival" to be held April 17-18,2015 at St. Joseph Catholic School, Being Lots 1-12, Block 319, Edinburg Original

Townsite, Located at 119 West Fay Street, as Requested by St. Joseph CatholicSchool. [Richard M. Hinojosa, Director of Planning and Zoning]

B. Consider Ordinance Providing for a Temporary Special Use Permit for the "1 sl

Annual Superhero 5K and Buddy Fun Walk Autism Awareness Event" and Waiver ofFees, to be held on April 11, 2015, Being the South Half of Lot 11, Section 268,Texas-Mexican Railway Company Survey, Located at 714 South Raul LongoriaRoad, as Requested by Melinda Moreno. [Richard M. Hinojosa, Director of Planningand Zoning]

C. Consider Ordinance Amending the Code of Ordinances of the City of Edinburg,Texas, at Title IX, General Regulations, Chapter 97, Parks and Recreation Fees andRental of Public Facilities Section 97.46 Definitions; Section 97.47 Authority of CityManager to Enter Into Rental Agreements; Section 97.52 Co-Sponsorship of Eventsby Department of Recreation; Section 97.53 Rental Periods for Determining Charges;Section 97.54 Rental Rates Prescribed for All Public Facilities; Section 97.63 Whenand How Rental Payable; Section 97.83 Swimming Pool and Ball Park FieldRegulations; Fees for Use of Facilities. [Sonia Marroquin, Assistant City Manager]

IX. VARIANCES

A. Consider Variance Request to the City's Unified Development Code as follows:Article 12, Division 12.300 On-Premise Signs, for CVS Edinburg I Subdivision,Located at 103 West Monte Cristo Road, Requested by CVS Pharmacy. [Richard M.Hinojosa, Director ofPlanning and Zoning]

B. Consider Variance Request to the City's Unified Development Code as follows:Article 7, Section 7.502 Streets and Right-of-Way, Subsection C. Perimeter Street:Pavement or Fee in Lieu, Article 8, Section 8.213 Sidewalks, and Installation of FireHydrant for EVG Farms Subdivision, Being 3.0 Acres of the South 20.0 Acres of Lot6, Block 60, Alamo Land and Sugar Company Subdivision, Requested by Garza &Garza Consulting Engineers. [Richard M. Hinojosa, Director ofPlanning and Zoning]

C. Consider Variance Request to the City's Unified Development Code as follows:Article 7, Section 7.502 Streets and Right of Way, Subsection C. Perimeter Street:Pavement or Fee in Lieu, Article 8, Section 8.213 Sidewalks, and Article 7, Section7.405.F. Lot Access to County Road, for Citrus Village Subdivision, Being a 20 AcreTract of Land Out of Lots 3 and 4, Block 31, Santa Cruz Gardens Unit No.2,Requested by Quintanilla, Headley and Associates, Inc. [Richard M. Hinojosa,Director ofPlanning and Zoning]

D. Consider Variance Request to the City's Unified Development Code as Follows:Article 7, Section 7.502 Streets and Right-of-Way, Subsection C. Perimeter Street:Pavement or Fee in Lieu, Article 8, Section 8.213 Sidewalks, and Article 7, Section7.405.F. Lot Access to County Road and Article 8.216 F. Street Lighting for JasmanAcres Subdivision, Being a 3.05 Acre Tract of Land Out of Lot 1, Block 17, Santa

Cruz Gardens Unit No.2, Requested by Quintanilla, Headley and Associates, Inc.[Richard M. Hinojosa, Director of Planning and Zoning]

x. ELECTION

A. Consider Amending Notice of a Municipal General Election to be held May 09,2015.[Myra L. Ayala Garza, City Secretary]

XI. AWARDING OF BIDS

A. Consider Awarding Bid No. 2015-62, Purchase of Two (2) New Vertical Balers toWastequip in the Amount of $27,984.90. [Ramiro L. Gomez, Director of Solid WasteManagement]

B. Consider Awarding the Rehabilitation of 18" Sanitary Sewer Line on VeteransBoulevard to IPR South Central, LLC, thru the Houston-Galveston Area CouncilState Purchasing Contract (HGAC Buy), in the Amount Not-to-Exceed $54,259.68and Authorize the City Manager Enter Into an Agreement Relating Thereto. [ArturoMartinez, Director of Utilities]

C. Consider Purchase of UV System Maintenance Parts from Newman Regency Group,Inc., in the Amount of$38,285. [Arturo Martinez, Director of Utilities]

D. Consider Rejecting Bid No. 2015-72, Rehabilitation of One (1) Residence-406 North18th, in the Housing Assistance Program. [Marissa Garza, Director of CommunityDevelopment/Grants Management]

E. Consider Rescinding Award of Bid No. 2015-29, Concrete Work and TerminatingAgreement with G & G Contractors, and Awarding Such Bid to Artillery, LLC forTheir Unit Prices of $5.25 Per Square Foot of Concrete Sidewalks, $550.00 PerHandicapped Ramp, $18.00 Per Linear Foot for 18" inch Curb and Gutter, and $7.00Per Square Foot for 6" inch Valley Gutter, and Authorize the City Manager to Enterinto an Agreement Relating Thereto. [ponciano N. Longoria, P.E., C.F.M., Directorof Public Works]

XII. CONTRACTUALS

A. Consider Authorizing the City Manager to Enter into a Memorandum ofUnderstanding (MOU) Between the City of Edinburg Police Department, theUniversity of Texas-Pan American, Mission Hospital, Inc. DBA Mission RegionalMedical Center, Mujeres Unidas/Women Together Foundation, Family Crisis Centerof the Rio Grande Valley, Friendship of Women, Inc., Texas Rio Grande Legal Aidand the Office of Criminal District Attorney of Hidalgo County. [Rolando Castaneda,Chief of Police]

B. Consider Authorizing the City Manager to Execute Agreement Between the City ofEdinburg and the Golazo Soccer Association for Youth Soccer Program. [Joe FiloteoJr., Director of Parks and Recreation]

C. Consider Authorizing the City Manager to Enter into a Water Service Agreementwith the City of McAllen - McAllen Public Utilities (MPU) for the Purchase ofTreated Water. [Arturo Martinez, Director of Utilities]

XIII. EXECUTIVE SESSIONThe City Council will convene in Executive Session, in accordance with the Texas OpenMeetings 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; §551.072. Deliberation Regarding Real Property;§551.074. Personnel Matters; and §551.087. Deliberations Regarding EconomicDevelopment Negotiations; Closed Meeting.

A. Discussion and Possible Action Regarding Legal Issues Concerning Sick LeavePolicy.

B. Discussion and Possible Action Regarding Legal Issues Concerning RFP #2014-005Energy Savings Performance Contracting.

C. Discussion and Possible Action Regarding Legal Issues Concerning PersonnelMatters.

D. Discussion and Possible Action Regarding Legal Issues Concerning Waiver ofMowing Liens for Lot Ninety-Eight (98), Bar #5 Subdivision, Edinburg, HidalgoCounty, Texas.

E. Discussion and Possible Action Regarding Legal Issues Concerning RFP #2015-012Source Reduction of Bio Solids and Authorize City Manager to Negotiate a LandLease Agreement with South Texas Waste Water LLC.

F. Discussion and Possible Action Regarding Legal Issues Concerning Transfer of RealProperty with ECISD and related parking repairs.

G. Discussion and Possible Action Regarding Legal Issues Concerning ProposedOrdinance Amending the Code of Ordinances ofthe City of Edinburg, Texas at TitleIII. Administration, Chapter 30, Administrative Code, to Provide for Changes inPersonnel Policies, by Adding Section 30.061. Purchase of City-Issued Firearm ofHonorably Retired or Deceased Peace Officer and Adding Section 30.062 Transfer ofCity-Issued Badge to Honorably Retired or Deceased Peace Officer.

H. Discussion and Possible Action Regarding Economic Incentives Pertaining to thefollowing Projects:

1. Project Radar; and2. Project Grid.

I. Discussion and Possible Action Regarding Legal Issues Concerning the ProposedBuilding Space Lease Agreement between City of Edinburg and Vipers Bball SF,LLC for the Parks and Recreation Facility and Authorize City Manager to Enter intoan Agreement relating thereto.

J. Discussion and Possible Action Regarding Acquisition of:1) A 69.68 Acre tract of land out of Lots 9, 10, and 16, Baker's Subdivision,

Hidalgo County, Texas; and,2) a 841.23 acre tract ofland, more or less, out of Share 133, 140, 141, 142, 143,

144 and 153, San Salvador Del Tule Grant, Hidalgo County, Texas, accordingto a map or plat recorded in Volume 10, Page 58-60, Map Records, HidalgoCounty, Texas.

OPEN SESSIONThe City Council will convene in Open Session to take necessary action, if any, inaccordance with Chapter 551, Open meetings, Subchapter E, Procedures Relating toClosed Meeting, §551.1 02, Requirement to Vote or Take Final Action in Open Meeting.

XlV. ADJOURNMENTI hereby certify this Notice ofa City Council Meeting was posted in accordance with theOpen Meetings Act, at the City Offices of the City ofEdinburg, located at the 415 WestUniversity entrance outside bulletin board, visible and accessible to the general publicduring and after regular working hours. This notice was posted on April 2, 2015 at6:15 p.m.

All Matters Listed Under Consent Agenda Are Considered To Be Routine By The Governing Body And Will Be Enacted notion. There Will BeNo Separate Discussion Of These Items. If Discussion Is Desired, That Item Will Be Removed From The Consent Agenda And Will Be ConsideredSeparately. With Regard To Any Item, The City Council May Take Various Actions; Including But Not Limited To Rescheduling An Item In Its EntiretyFor 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 AnExecutive Session Item At Any Time During The Meeting When Authorized By The Provisions Of The Open Meetings Act.

Disability Access StatementPersons with disabilities who plan to attend this meeting and who may need auxiliary aid or services are requested tocontact the City Secretary Department at (956) 388-8204 at least two business days prior to the meeting so that appropriatearrangements can be made. The accessible entrance and accessible parking spaces are located at Edinburg City Hall, 415West University.