CITY OF DEL RIO, TEXAS REGULAR CITY COUNCIL MEETING COUNCIL CHAMBERS - CITY HALL 109 WEST BROADWAY MONDAY, FEBRUARY 23, :30 P.M.

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1 CITY OF DEL RIO, TEXAS REGULAR CITY COUNCIL MEETING COUNCIL CHAMBERS - CITY HALL 109 WEST BROADWAY MONDAY, FEBRUARY 23, :30 P.M. AGENDA ITEM NO. DESCRIPTION 1. CALL TO ORDER 2. ROLL CALL 3. INVOCATION - Pastor Brian Sisneros, Living Stone Worship Center 4. PLEDGE OF ALLEGIANCE 5. CITIZEN COMMENTS (NO ACTION WILL BE TAKEN) This is the opportunity for visitors and guests to address the City Council on any issue. City Council may not discuss any presented issue, nor take any action on any issue. A sign-up sheet is available for citizens who wish to address the Council. Please limit remarks to three minutes. Topics of operational concerns shall be directed to the City Manager. Comments should not personally attack other speakers, Council or staff. 6. MAYOR'S COMMENTS (NO ACTION WILL BE TAKEN) 7. PUBLIC HEARING a. Conduct a Public Hearing and Consider an Ordinance for Plat by Abner Martinez, P.E., Representing Ross Duncan and William McCaw who are requesting to Replat Establishing Lots A, B & C, Dennys Brite West Tract out of Acres of the Dennys Brite West Tract. O: An Ordinance in Accordance with State and Local Laws Providing for the Approval of a Certain Replat Vacating Dennys Brite West Tract Previously Recorded in Slide 215, Side B, in the Val Verde County Map Records, Establishing Lots A, B & C, Dennys Brite West Tract, Val Verde County, Texas - Janice Pokrant, City Planner 1

2 b. Conduct a Public Hearing and Consider an Ordinance for the Request for a Zoning Change Appeal #15-01 by Ana Maria Hernandez Requesting a Zoning Change from Residential Multiple Family District (R-M) to Local Commercial District (C-1). Property Description: Lot 2, Block A, Figueroa Addition (1101 San Felipe St.) Proposed Use: Retail Store. O: An Ordinance in Accordance with the Del Rio City Charter and State Law Providing for the Re-Zoning of 1101 San Felipe Street from Residential Multiple Family District (R-M) to Local Commercial District (C-1) within the City of Del Rio, Texas - Janice Pokrant, City Planner 8. INFORMATION ITEMS (NO ACTION WILL BE TAKEN) a. Presentation of Services Provided by the Department of Assistive and Rehabilitative Services - Mary Saenz, Business Relations Consultant and Dulce Valdez, Vocational Rehabilitation Counselor with Texas Department of Assistive and Rehabilitative Services b. Discussion on a Perched Water Surface Breach at 203 and 205 Viesca Street - Alejandro Garcia, Interim Public Works Director and Bob Parker, City Engineer c Del Rio Police Department Annual Contact Report for Racial Profiling Compliance - Waylon Bullard, Chief of Police 9. CONSENT AGENDA (ACTION MAY BE TAKEN ON THESE MATTERS) This is a procedure to help facilitate the meeting with a CONSENT AGENDA. One motion will approve all action items, noted as consent. These are routine matters which are repeated on the agenda. Approval means they will be implemented as recommended by the administration. Prior to acting on the consent agenda, any Councilmember may have a consent item withdrawn from this portion of the agenda so that it may be discussed prior to action. a. Approval of Minutes of City Council meeting February 10, Susan Corp, City Secretary b. Ratify Travel Authorization to Austin Texas to attend a Texas Mayors of Military Communities on February 18, Robert Garza, Mayor c. Ratify Travel Authorization to Travel to Laredo, Texas on February 21, 2015 to Attend a Luncheon Honoring Senator John Cornyn as Mr. South Texas - Robert Garza, Mayor d. Request Authorization to Travel to Austin, Texas to Attend the 25th Anniversary Texas Travel Industry Unity Dinner and a Meeting with Senator Carlos Uresti on February 24-25, Robert Garza, Mayor e. Request Authorization to Travel to Austin, Texas on March 24, 2015 to attend City of Del Rio and Val Verde County Lobby Day - Robert Garza, Mayor 2

3 f. Request Authorization to Travel to Austin, Texas to Attend the a Meeting with Senator Carlos Uresti on February 25, Rowland Garza, Mayor Pro Tem g. Request Authorization to Travel to Austin, Texas to Attend the a Meeting with Senator Carlos Uresti on February 25, Mike Wrob, Councilperson 10. ORDINANCES (ACTION MAY BE TAKEN ON THESE MATTERS) a. O: An Ordinance Amending the City of Del Rio code of Ordinance Chapter 17, Motor Vehicles and traffic, Article V, Speed, Section 17 in accordance with the Del Rio City Charter and State law Establishing the maximum prima facie speed limit upon that portion of 10 corridors within the city limits of the City of Del Rio, Texas and establish an effective date - Alejandro Garcia, Interim Public Works Director b. O: An Ordinance by the City Council of the City of Del Rio, Texas, Authorizing and Directing the City Manager Henry Arredondo to sign and execute a Construction Contract in the bid amount for the $3,194, for the base bid items without any of the Alternates Alejandro Garcia, Interim Public Works Director 11. RESOLUTIONS (ACTION MAY BE TAKEN ON THESE MATTERS) a. R: A Resolution by the City Council of the City of Del Rio, Texas Authorizing and Directing the City Manager Henry Arredondo to Execute the Lease Agreement with the United States Congressman Will Hurd, a member of the 114th U.S. Congress for Office Space at the Del Rio International Airport - Henry Arredondo, City Manager b. R: A Resolution by the City Council of the City of Del Rio Authorizing City Manager Henry Arredondo to Issue a Request for Qualifications for obtaining the services of an Independent Testing Laboratory for the Clean Water State Revolving Fund (CWSRF) project No funded by the Texas Water Development Board. Project currently ongoing is with the firm of Spiess Construction Co., Inc. - Alejandro Garcia, Interim Public Works Director c. R: A Resolution by the Del Rio City Council Confirming the Appointment of the Chief of Police for the City of Del Rio, Texas - Mary Canales, Human Resources Director d. R: A Resolution by the Del Rio City Council Reaffirming its Unwavering Support for the Creation of a Groundwater Conservation District for Val Verde County, Texas - Suzanne West, City Attorney 12. OTHER BUSINESS (ACTION MAY BE TAKEN ON THESE MATTERS) a. Review the FY nd Quarter In-kind Grant Applications- Ryan D. Rapelye, Assistant City Manager 3

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5 City Council Regular 7. a. Meeting Date: 02/23/2015 Submitted By: Janice Pokrant, City Planner, Engineering Department Information SUBJECT: Conduct a Public Hearing and Consider an Ordinance for Plat by Abner Martinez, P.E., Representing Ross Duncan and William McCaw who are requesting to Replat Establishing Lots A, B & C, Dennys Brite West Tract out of Acres of the Dennys Brite West Tract. O: An Ordinance in Accordance with State and Local Laws Providing for the Approval of a Certain Replat Vacating Dennys Brite West Tract Previously Recorded in Slide 215, Side B, in the Val Verde County Map Records, Establishing Lots A, B & C, Dennys Brite West Tract, Val Verde County, Texas - Janice Pokrant, City Planner SUMMARY: A public hearing and request for consideration of an ordinance for the replat establishing Lots A, B & C of the Dennys Brite West Tract out of acres of the Dennys Brite West Tract. BACKGROUND: Applicant: Abner Martinez, P.E. Representing Ross Duncan and William McCaw Requested Action: Approval of a replat establishing Lots A, B & C in the Dennys Brite West Tract. The applicant is requesting this plat in order to establish two homestead tracts on Lot B & C. Location: Outside of the City limits, within the ETJ off of Hwy 90 West in front of Lorina's Cantina. Public Utilities: Water - the lots are/will be serviced by private water wells Sewer - the lots are/will be served by On Site Sewage Facilities Garbage - the lots are/will be serviced privately with refuse collection. Public Services: Police - Val Verde County Sherriff's Department Fire - Val Verde County Volunteer Fire Department Flood Plain Clearance: This property is not located within the FEMA designated flood prone area. NOTIFICATIONS: Advertised Commission Hearing Date: February 18, 2015 Advertised City Council Hearing: February 23,

6 Advertised Commissioners Court Date: January 12, 2015 Property Owner Notices Mailed: 17 Letters in Support: None to date Letters in Opposition: None to date Letters with No Comment: None to date Inquiry Contacts: None to date DISCUSSION: This property is located outside of the city limits but within the City's Extraterritorial Jurisdiction. With this in mind, the applicant is required to get plat approval from the City of Del Rio, as well as, Val Verde County Commissioners Court. Due to its location it is also required to get approval from the Amistad Zoning Authority. The applicant has an existing house on the proposed Lot B and an existing metal garage on Lot C. The intent of the applicant is two have a dwelling on both Lot B & C with Lot A remaining undeveloped land. This proposed replat meets the minimum requirements outlined in Chapter 212 of the Local Government Code and City of Del Rio Municipal Code. The Amistad Zoning Authority voted to approve the plat in December of 2014 and Val Verde Commissioners Court voted to approve the request in January of The Planning and Zoning Commission voted 3-0 to recommend approval of the replat. Chapter states that the municipal authority responsible for approving plats must approve a plat or replat that is required to be prepared under Chapter 212 and that satisfies all applicable regulations. PROS: Approving this replat will be consistent and in compliance with the Local Government Code and the City Municipal Code. CONS: Approving this plat will allow this tract to be subdivided. RECOMMENDATION: Staff recommends approval of the requested replat. Fiscal Impact FISCAL IMPACT: There is not a fiscal impact associated with this agenda item. O: Plat Dennys Brite Plat Plat Plat App Attachments 6

7 ORDINANCE NO. O: AN ORDINANCE IN ACCORDANCE WITH STATE AND LOCAL LAWS PROVIDING FOR THE APPROVAL OF A CERTAIN REPLAT VACATING DENNYS BRITE WEST TRACT PREVIOUSLY RECORDED IN SLIDE 215, SIDE B, IN THE VAL VERDE COUNTY MAP RECORDS, ESTABLISHING LOTS A, B & C, DENNYS BRITE WEST TRACT, VAL VERDE COUNTY, TEXAS. WHEREAS, this replat is located within the City of Del Rio s Extraterritorial Jurisdiction and as such requires the final approval of the Del Rio City Council WHEREAS, Chapter 212 of the Local Government Code requires that the Del Rio City Council grant its approval of a plat that has fully complied with all applicable state and local regulations governing that platting and subdividing of real property; and WHEREAS, the Val Verde Commissioners Court have heretofore granted their approval of that certain replat vacating Dennys Brite West Tract previously recorded in Slide 215, Side B in the Val Verde County Map Records and establishing Lots A, B & C, Dennys Brite West Tract, Val Verde County, Texas; and WHEREAS, Planning and Zoning Commission have heretofore granted their approval of that certain replat vacating Dennys Brite West Tract previously recorded in Slide 215, Side B in the Val Verde County Map Records and establishing Lots A, B & C, Dennys Brite West Tract, Val Verde County Texas; and WHEREAS, the Del Rio City Council has found and determined that the aforesaid replat fully complies with all applicable regulations of the City of Del Rio, Texas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DEL RIO, TEXAS, THAT: Section 1. Approval The above described replat approval of that certain replat, vacating Dennys Brite West Tract previously recorded in Slide 215, Side B in the Val Verde County Map Records and establishing Lots A, B & C, Dennys Brite West Tract, Val Verde County, Del Rio Texas. Section 2. Certification and Endorsement 8

8 PASSED AND APPROVED on this 23 rd day of February ROBERT GARZA Mayor ATTEST: SUSAN CORP City Secretary REVIEWED FOR ADMINISTRATION: REVIEWED AS TO FORM: HENRY ARREDONDO City Manager SUZANNE WEST City Attorney 9

9 acres Replat Jan 15, 2015 Bis.dgn 1/20/2015 2:58:30 PM 10

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12 City Council Regular 7. b. Meeting Date: 02/23/2015 Submitted By: Janice Pokrant, City Planner, Engineering Department Information SUBJECT: Conduct a Public Hearing and Consider an Ordinance for the Request for a Zoning Change Appeal #15-01 by Ana Maria Hernandez Requesting a Zoning Change from Residential Multiple Family District (R-M) to Local Commercial District (C-1). Property Description: Lot 2, Block A, Figueroa Addition (1101 San Felipe St.) Proposed Use: Retail Store. O: An Ordinance in Accordance with the Del Rio City Charter and State Law Providing for the Re-Zoning of 1101 San Felipe Street from Residential Multiple Family District (R-M) to Local Commercial District (C-1) within the City of Del Rio, Texas - Janice Pokrant, City Planner SUMMARY: A Public hearing and consideration of an ordinance for a request for the rezoning of 1101 San Felipe St from Multiple Family District to Local Commercial District. BACKGROUND: Applicant: Ana Maria Hernandez Location: Located off of San Felipe Street and Bowie Street. The subject property currently is fenced with the house next to it and has a driveway, fountain and picnic table on it. ADJACENT LAND USES Direction / Zoning / Land Use North / R-M / Commercial, Single Family dwellings & vacant South / R-M / Single Family dwellings East / C-2-A / Commercial West / R-S / Single Family dwellings NOTIFICATIONS: Advertised Commission Hearing Date: February 18, 2015 Advertised City Council Hearing Date: February 23, 2015 Property Owner Notices Mailed: 45 Letters in Support: None submitted to date Letters in Opposition: 4 (same owner) Letters with No Comment: None submitted to date Inquiry Contacts: 0 13

13 Flood Plain Clearance: This lot is not located in the FEMA designated flood prone area. Traffic Impact: Significant traffic impact is not anticipated Planning and Zoning Commission The Planning and Zoning Commission voted 2-0 to recommend denial of the request with one member not voting. This member stated that he did not vote because the applicant was not present to plead their case. DISCUSSION: This property is located just down the block from the slaughter house and across the street from existing C-2-A zoned property and commercial uses. However, there is a significant amount of single family houses in the area. R-M Zoning District Regulations A building or premise shall be used only for the following purposes: Any use permitted in the R-S Zoning District regulation. Residential use of temporary structures and mobile homes is prohibited, except as provided in sections and Two-family dwellings or duplexes Profession, occupations and activities carried on by resident members of families where: 1) There is no sign other than one sign (non-illuminated) no larger than four (4) square feet in area; 2) Nothing is done to make the building appear as other than a dwelling; 3) No products but those made on the premises are sold; 4) Mechanical equipment used is that normally used in a dwelling; and 5) Only one person other than a member of the family is employed. Lodging houses Hospital or clinic (other than for tubercular, liquor, narcotic, insane or feeble minded patients, or hospitals of clinic of a veterinarian). Religious, educational and philanthropic institutions, but not animal care. Clubs, lodges, fraternities and sororities where the chief activity is not a business Apartment hotels. Office Buildings. Personal Service Shops. Studios of artists and photographers. Nursery, pre-kindergarten, kindergarten, play, special and other private schools. Convalescent or rest homes. Row houses or townhouses. Multiple-family dwellings. Greenhouses and nurseries not primarily engaged in retail trade. C-1 Zoning District Regulations A building or premise shall be used only for the following purposes: Any use permitted in the R-M District. Residential use of temporary structures is prohibited. Individual trailers may be occupied for residential purposes, and for this purpose they shall be considered as a single-family dwelling and shall comply with all of the requirements herein as to a single-family dwelling in this district. Sale of goods and products at retail excepting automobiles, trailers, mobile homes, motorcycles, 14

14 farm equipment, and machinery and earth-moving and heavy construction equipment. Shops for repair and servicing of bicycles, typewriters, electrical radio and television appliances, keys and similar articles. Dressmaking, millinery, tailoring, shoe repair, laundry, dry cleaning and similar trades. Banks Animal hospitals and clinics where there are no open kennels Commercial schools. Undertaking establishments. Commercial parking lots. Bowling alleys and other indoor commercial recreations. Motels and hotels. Theaters, but not drive-in. Signs (advertising) used in connection with and on the same lot as the establishment to which they refer. No flashing or revolving lighting devices shall be permitted. PROS: Approving this request will allow the applicant to open a retail business on this area. CONS: Approving this request will allow for an additional commercial use in this area and could lead to other properties requesting the same zoning change. RECOMMENDATION: Staff recommends denial of the requested rezoning. This property is currently zoned R-M which already permits a number of commercial uses. There is a concern that if zoned C-1 there could be some uses developed on this lot that are incompatible with the existing single family dwellings. Fiscal Impact FISCAL IMPACT: There is not a fiscal impact associated with this agenda item. O: Zoning Change San Felipe Zoning Case App Packet Zoning Map Letters P&Z Presentation Zoning Pictures Attachments 15

15 ORDINANCE NO. O: AN ORDINANCE IN ACCORDANCE WITH THE DEL RIO CITY CHARTER AND STATE LAW PROVIDING FOR THE RE- ZONING OF 1101 SAN FELIPE STREET FROM RESIDENTIAL MULTIPLE FAMILY DISTRICT (R-M) TO LOCAL COMMERCIAL DISTRICT (C-1) WITHIN THE CITY OF DEL RIO, TX WHEREAS, Ana Maria Hernandez, has filed an application with the City requesting a change in the zoning classification of certain property described below; and WHEREAS, all notices were duly given that Public Hearings to consider said application would be conducted by the Planning & Zoning Commission and the Del Rio City Council; and WHEREAS, the Planning & Zoning Commission has met in public session, and reviewed said application; and WHEREAS, it is the recommendation of the Planning & Zoning Commission 2-0 (with one member not voting) that said change in zoning should not be granted; and WHEREAS, the Del Rio City Council has found and determined that this zoning request is in compliance the comprehensive plan for the purpose of promoting health, safety, morals and the general welfare of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DEL RIO, TEXAS THAT: The following and attached described real property located within the City of Del Rio, Val Verde County, Texas shall be rezoned from Residential Multiple Family District (R- M) to Local Commercial District (C-1). Property Description: Lot 2, Block A, Figueroa Addition (1101 San Felipe Street). City Secretary Susan Corp is hereby directed to cause said action to be incorporated in all of the official records of the City pertinent to such request. PASSED AND APPROVED on this 23 rd day of February ATTEST: SUSAN CORP City Secretary ROBERT GARZA Mayor 16

16 REVIEWED FOR ADMINISTRATION: REVIEWED AS TO FORM: HENRY ARREDONDO City Manager SUZANNE WEST City Attorney 17

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26 Zoning Map Appeal # San Felipe St. 27

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32 Planning and Zoning Commission Meeting February 18,

33 Zoning Case Change in Zoning from R- M to C San Felipe St. 34

34 Appeal Picture of Subject Property 35

35 Appeal Picture of property across the street. 36

36 Appeal Picture of properties next door. 37

37 City Council Regular 8. a. Meeting Date: 02/23/2015 Information Subject Presentation of Services Provided by the Department of Assistive and Rehabilitative Services - Mary Saenz, Business Relations Consultant and Dulce Valdez, Vocational Rehabilitation Counselor with Texas Department of Assistive and Rehabilitative Services No file(s) attached. Attachments 38

38 City Council Regular 8. b. Meeting Date: 02/23/2015 Information Subject Discussion on a Perched Water Surface Breach at 203 and 205 Viesca Street - Alejandro Garcia, Interim Public Works Director and Bob Parker, City Engineer Perched Water Surface Attachments 39

39 Subsurface Water Levels While groundwater does follow the general topography of the earth s surface, it does not rise or fall at the same levels, rather it will rise and fall at a gentler incline. Thus, as water accumulates the subsurface water depth will rise closer to the surface and may actually seep out onto the surface as streams and springs. In some cases groundwater may even rise to the level that it will cause water to form into small lakes and puddles over the surface of the ground. If your home is located in a valley, your chances of having subsurface groundwater drainage issues are higher. Still, ground water can be held in pockets very high in the earth s crust in what is called a perched water table, so even if you live on higher ground your soil may be saturated with ground water. A perched water table is a layer of water that lies above the normal subsurface groundwater in a given area. This occurs when a layer of soil or rock that is impermeable traps water at a higher level. This layer may be made of bedrock material or it may be compacted heavy clay soil which does not allow water to pass through its surface. 40

40 City Council Regular 8. c. Meeting Date: 02/23/2015 Information Subject 2014 Del Rio Police Department Annual Contact Report for Racial Profiling Compliance - Waylon Bullard, Chief of Police Racial profiling Attachments 41

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107 City Council Regular 9. a. Meeting Date: 02/23/2015 Submitted By: Amelia Moreno, Executive Secretary Information SUBJECT: Approval of Minutes of City Council meeting February 10, Susan Corp, City Secretary Meeting Attachments 108

108 CITY OF DEL RIO, TEXAS REGULAR CITY COUNCIL MEETING COUNCIL CHAMBERS - CITY HALL 109 WEST BROADWAY TUESDAY, FEBRUARY 10, :30 P.M. AGENDA ITEM NO. DESCRIPTION 1. CALL TO ORDER Mayor Robert Garza called the meeting to order on the above date at 6:30 p.m. 2. ROLL CALL Present: Staff Present: Mayor Robert Garza; Councilperson-at-Large Rowland Garza; Councilperson Elizabeth Elizalde; Councilperson John Sheedy IV; Councilperson Mike Wrob; Councilperson Fred Contreras; Councilperson Rene Luna Henry Arredondo; Suzanne West; Ryan Rapelye; Bob Parker; Manuel Chavez Attendees: Alex Garcia, Gilbert Sanchez, Chief Harold Bean, Interim Chief Waylon Bullard, Fred Knoll Jr., Joe Harrington, Mark Roberson, Apolonio Hernandez, Manny Herrera, Mary Canales, Janice Pokrant, Leno He 3. INVOCATION - Pastor Martin Seca, Living Stone Worship Center Pastor Martin Seca was not present, therefore, Mr. Bob Parker gave the Invocation. 4. PLEDGE OF ALLEGIANCE All of those present recited the Pledge of Allegiance. 5. CITIZEN COMMENTS (NO ACTION WILL BE TAKEN) This is the opportunity for visitors and guests to address the City Council on any issue. City Council may not discuss any presented issue, nor take any action on any issue. A sign-up sheet is available for citizens who wish to address the Council. Please limit remarks to three minutes. Topics of operational concerns shall be directed to the City Manager. Comments should not personally attack other speakers, Council or staff. Ms. Jovita Casarez discussed an incident with water problems that occured at her house and affected a house next door. She was not satisfied with the City's response. Mr. Henry Arredondo, City Manager, stated that Ms. Casarez visited his office. The is a rising water table under her house. The City is looking at the problem from an engineering standpoint. They discussed possibly digging an irrigation canal, but this could also cause problems in the area. Ms. Guerro and Ms. Hernandez, who also live in the area, re-iterated what Ms. Casariez stated. Mayor Robert Garza asked that this item be placed on the next agenda. Mr. Peter Ojeda and Ms. Carol Sunderland stated that they are representatives of the group Cisco Soldiers. They will be holding a 5K run for the San Miguel family and MDA (Muscular Dystrophy Association). They invited the Council to join them, stating that the past participation was around 300 people. 6. MAYOR'S COMMENTS (NO ACTION WILL BE TAKEN) Mayor Robert Garza stated that he and Mr. Ryan Rapelye went to Washington D.C. last week. He named other local attendees. They met with Congressman Hurd to discuss a runway project at Laughlin Air Force Base, along with the City's need for an airline. The Mayor and Mr. Rapelye then went to Austin and met with a group to discuss trade at the proposed 2nd International Bridge. There is trade of produce between the United States and Mexico and various South American countries. The second component of trade is with the Asian market. This occurs between Mazatlan and our area. The Mayor feels that the Council should quantify the number of trucks. 7. INFORMATION ITEMS (NO ACTION WILL BE TAKEN) a. Presentation on Potential Economic Development Methods and Incentives for the City of Del Rio, - Charlie Zech, Attorney At Law, Denton, Navarro, Rocha, Bernal, Hyde and Zech Mr. Charlie Zech, Attorney at Law, Denton, Navarro, Rocha, Bernal, Hyde and Zech, gave an a Power Point Presentation on the Basics of Economic Development Tools. It covered ED Corporations (Type A and Type B) that deal with Sales Tax, Municipal Development Districts (which can expand into Extraterritorial Jurisdiction), Public Improvement Districts, Neighborhood Empowerment Code, Tax Abatement Guidelines and Criteria, Tax Increment Financing, Development Agreements and Chapter 380 (which is the most flexible tool). The Council took a break at 8:25 p.m. The Council returned from break at 8:45 p.m. The Council moved to and acted upon Agenda Item No. 11d at 8:46 p.m., directly after returning from break. 8. CONSENT AGENDA (ACTION MAY BE TAKEN ON THESE MATTERS) This is a procedure to help facilitate the meeting with a CONSENT AGENDA. One motion will approve all action items, noted as consent. These are routine matters which are repeated on the agenda. Approval means they will be implemented as recommended by the administration. Prior to acting on the consent agenda, any Councilmember may have a consent item withdrawn from this portion of the agenda so that it may be discussed prior to action. a. Requesting change of vehicle needs and specifications to be purchases with Stone Garden 2014 Program funds previously approved - Waylon Bullard, Interim Chief of Police. The above Item was acted upon at 10:51 p.m., directly after Agenda Item No. 9g. Interim Chief Waylon Bullard stated that he would like to change the Stone Garden purchase of a Caprice. Councilperson Wrob moved to approve the change of vehicles. Councilperson Contreras seconded the motion. The Council moved to Agenda Item 11a. 9. ORDINANCES (ACTION MAY BE TAKEN ON THESE MATTERS) 109

109 a. O: Ordinance by the City Council of the City of Del Rio, Texas Authorizing the Issuance, Sale and Delivery of City of Del Rio, Texas General Obligation Refunding Bonds, Series 2015; Approving and Authorizing a Purchase Contract, an Escrow Agreement, A Paying Agent/Registrar Agreement; Approving and Authorizing all other Instruments and Procedures Related Thereto, Delegating Authority to the City Manager to Select Outstanding Bonds to be Refunded and Approve All Final Terms of the Bonds; Declaring an Effective Date; and Ordaining other Matters Relating to the Subject - Manuel B. Chavez, Finance Director This Agenda Item was acted upon at 9:06 p.m., directly after Agenda Item No. 11d. Mr. Tony Jasso discussed refinancing past Certificates of Obligations (Series 2005 and Series 2006). He also discussed the City's credit rating, Timetable of Events and the City's CIP Plan. Councilperson Contreras moved to approve Ordinance No. O: Councilperson Wrob seconded the motion. Vote: 7-0 b. O: Ordinance Authorizing the Issuance, Sale and Delivery of Approximately $11,000,000 in Aggregate Principal Amount of "City of Del Rio, Texas Combination Tax and Revenue Certificates of Obligation, Series 2015"; Securing the Payment Thereof by Authorizing the Levy of an Annual Ad Valorem Tax; Approving and Authorizing the Execution of all Instruments and Procedures Related Thereto Including a Paying Agent/Registrar Agreement and a Purchase Contract; Approving the Form of an Official Statement; and Declaring an Effective Date - Manuel B. Chavez, Finance Director This Agenda Item was acted upon directly after Agenda Item No. 9a. Councilperson Contreras moved to approve Ordinance No. O: Councilperson Wrob seconded the motion. The Council moved to and acted upon Agenda Item No. 10c at 9:39 p.m., directly after the above Agenda Item. Vote: 7-0 c. O: An Ordinance by the City Council of the City of Del Rio, Texas Authorizing and Directing the City Manager Henry Arredondo to Sign and Approve a modification to the Construction Contract with Spiess Construction Co., Inc. for the deductive modification for the Sanitary Sewer Collection Rehabilitation Project Alejandro A. Garcia, P.E. Interim Public Works Director Councilperson Garza moved to approve Ordinance No. O: Councilperson Contreras seconded the motion. Vote: 7-0 d. O: An Ordinance Amending the City of Del Rio code of Ordinance Chapter 17, Motor Vehicles and traffic, Article V, Speed, Section 17 in accordance with the Del Rio City Charter and State law Establishing the maximum absolute speed limit upon that portion of 10 corridors within the city limits of the City of Del Rio, Texas and establish an effective date - Alejandro Garcia, Interim Public Works Director Councilperson Garza moved to table Ordinance No. O: Councilperson Contreras seconded the motion. Vote: 7-0 e. O: An Ordinance in Accordance with State and Local Laws Providing for the Approval of a Certain Plat Designated as Lake Ridge Ranch Phase 5 in Val Verde County, Texas. - Janice Pokrant, City Planner This Agenda Item was acted upon at 9:50 p.m., directly after Agenda Item No. 10c. Ms. Janice Pokrant, City Planner stated that all three phases of the project have received approval. Mayor Robert Garza asked why this area was not annexed. Ms. Pokrant explained that it was not contiguous with the City Limits. There was a lengthy discussion as to annexation, septic systems and water contamination. The Council were ready to move and vote. The Mayor stated that he would abstain due to the problems with this area. Councilperson Wrob moved approve Ordinance No. O: Councilperson Contreras seconded the motion. Vote: (The Mayor and Councilperson Luna abstained) f. O: An Ordinance in Accordance with State and Local Laws Providing or the Approval of a Certain Plat Designated as Lake Ridge Ranch Phase 6 in Val Verde County, Texas. - Janice Pokrant, City Planner Councilperson Wrob moved approve Ordinance No. O: Councilperson Contreras seconded the motion. Vote: (The Mayor and Councilperson Luna abstained) g. O: An Ordinance in Accordance with State and Local Laws Providing or the Approval of a Certain Plat Designated as Lake Ridge Ranch Phase 8 in Val Verde County, Texas. - Janice Pokrant, City Planner Councilperson Wrob moved approve Ordinance No. O: Councilperson Contreras seconded the motion. Vote: (The Mayor and Councilperson Luna abstained) At 10:51 p.m., the Council moved to Agenda Item No. 8a. 10. RESOLUTIONS (ACTION MAY BE TAKEN ON THESE MATTERS) a. R: A Resolution by the City Council of the City of Del Rio, Texas Authorizing the City Manager Henry Arredondo to Reject All Bids for the Toll Plaza Project and to Re-advertise for Bids with a Much Larger Area of Advertisement for the Project - Bob Parker, City Engineer Mayor Robert Garza stated that this Agenda Item would be delayed. The Council did not object. b. R: A Resolution by the City Council of the City of Del Rio, Texas authorizing and directing the City Manager to reject all sealed proposals and to re-advertise for competitive sealed proposals for the construction of approximately 400 feet of security fencing for the U.S. Attorneys parking lot located behind the City's Municipal Court Building - Bob Parker, City Engineer Councilperson Contreras moved to approve Resolution No. R: Councilperson Garza seconded the motion. Vote:

110 c. R: A Resolution by the City Council of the City of Del Rio, Texas authorizing the submission of a Texas Community Development Block Grant Program application to the Texas Department of Agriculture for the Community Development Fund and authorizing the City Manager to act as the City's Executive Officer and authorized representative in all matters pertaining to the City's participation in the Texas Community Development Block Grant Program - Bob Parker, City Engineer This Agenda Item was acted upon at 9:39 p.m., directly after Agenda Item Nos. 9a and 9b. Councilperson Luna moved to approve Resolution No Councilperson Contreras seconded the motion. The Council moved to and acted upon Agenda Item Nos. 9e,f and g, directly after this Agenda Item, at 9:50 p.m. Vote: 7-0 d. R: A Resolution by the City Council of the City of Del Rio, Texas Authorizing and Directing the City Manager Henry Arredondo to request for qualifications for all studies, surveys and engineering design required for the plans and specifications needed to re-construct, re-claim or re-pave the roadways that have been affected by the recent water, sewer and gas system work in the City of Del Rio, Texas - Alejandro Garcia, Interim Public Works Director Councilperson Garza moved to approve Resolution No. R: Councilperson Luna seconded the motion. Vote: 7-0 e. R: A Resolution in Accordance with State Law and the Del Rio Code of Ordinances Providing for the Appointment and Confirmation of Rogelio R. Musquiz Jr. of the City of Del Rio Parks and Recreation Advisory Board for the City of Del Rio, Texas - Ryan Rapelye, Assistant City Manager Councilperson Garza moved to approve Resolution No. R: Councilperson Luna seconded the motion. Vote: OTHER BUSINESS (ACTION MAY BE TAKEN ON THESE MATTERS) a. Local Border Security Program (LBSP) Grant Application Award to the City of Del Rio for Waylon Bullard, Interim Chief of Police Interim Chief Waylon Bullard that he is asking that they be allowed to proceed. There was no objection. The Council moved to Agenda Item No. 11e. b. Review the FY nd Quarter In-kind Grant Applications- Ryan D. Rapelye, Assistant City Manager This Agenda Item was not discussed. c. Discussion on the Development of a Legislative Agenda for the 84th Legislature Session - Henry Arredondo, City Mananger Mayor Robert Garza stated that this Agenda Item would be delayed. The Council did not object. d. Update on the Sidney Blanks Park - Henry Arredondo, City Manager This Agenda Item was presented to the Council at 8:46 p.m., directly after Agenda Item No. 7a. Ms. Janice Pokrant, City Planner, stated that she met with the San Felipe Exes and Mr. Padilla. She presented the plans for the park which showed landscaping, monuments and the entrance. Parking and the entrance to the park were discussed. Coach Blanks stated that the cost will be $28,000. They are in the process of fundraising and receiving 501 C 3 status. Mayor Robert Garza suggested Hotel Occupancy Tax Funds be used and the City provide a $14,000 match. Councilperson Sheedy discussed lighting. The Mayor stated that the City will be responsible for maintenance, asked that Staff finalize the plans and asked that Mr. Henry Arredondo, City Manager, be the contact person. The Council was in agreement and asked Staff to review cost. At 9:06 p.m., the Council moved on to Agenda Item Nos. 9a and 9b. e. Discussion and Possible Approval of Acceptance for the Val Verde County Sheriff's Office allotted $100, of Unexpended 2013 Stonegarden Grant funds for use by DRPD - Waylon Bullard, Interim Chief of Police Councilperson Luna moved to approve the Acceptance of the allotted $100, of Unexpended 2013 Stonegarden Grant funds. Councilperson Elizalde seconded the motion. The Council moved to Agenda Items No. 10a and 11c at 10:57 p.m. 12. EXECUTIVE SESSION (ACTION MAY BE TAKEN ON THESE MATTERS) At 10:58 p.m., the City Council convened into Executive Session Pursuant to the Provisions of the Open Meetings Law, Chapter 551, Government Code, Vernon's Texas Codes Annotated, in Accordance with the Authority Contained in Section Personnel Matters. The Council re-convened into Open Session at 12:20 a.m. on February 11, The Council then acted upon the remaining Agenda Items, beginning with Item No. 9c. a. Personnel Matters Relating to the Performance Evaluation of Suzanne J. West, City Attorney, Including Review of Salary Information and Salary Increase as Appropriate There was a discussion as to merit increases, pay increases and increases received since There was a discussion as to other City Attorney's salaries. There was a discussion as to Ms. West's leave. After the discussion, Councilperson Luna called for a Roll Call Vote on a 3% increase to Ms. West's salary. The following is the result of that vote: Councilperson Luna - Against, Councilperson Contreras - For, Councilperson Garza - For, Mayor Robert Garza - Against, Councilperson Sheedy - For, Councilperson Elizalde - For, Councilperson Wrob - For. Vote: 5-2 b. Personnel Matters Relating to the Performance Evaluation of Susan Corp, City Secretary, Including Salary Increase as Appropriate Councilperson Luna moved for a 3% increase. There was no second to the motion. Motion failed. Councilperson Sheedy moved for a 2% increase to be effect on today's date. Councilperson Wrob seconded the motion. 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111 13. ADJOURNMENT There was no further business to come before the Council, therefore, the Mayor adjourned the meeting at 1:23 a.m. on February 11,

112 City Council Regular 9. b. Meeting Date: 02/23/2015 Information Subject Ratify Travel Authorization to Austin Texas to attend a Texas Mayors of Military Communities on February 18, Robert Garza, Mayor Travel-Mayor-Mayors Communities Attachments 113

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116 City Council Regular 9. c. Meeting Date: 02/23/2015 Information Subject Ratify Travel Authorization to Travel to Laredo, Texas on February 21, 2015 to Attend a Luncheon Honoring Senator John Cornyn as Mr. South Texas - Robert Garza, Mayor Travel-Mayor-Laredo Luncheon Senator Cornyn Attachments 117

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120 City Council Regular 9. d. Meeting Date: 02/23/2015 Information Subject Request Authorization to Travel to Austin, Texas to Attend the 25th Anniversary Texas Travel Industry Unity Dinner and a Meeting with Senator Carlos Uresti on February 24-25, Robert Garza, Mayor Travel-Mayor-Dinner & Senator Uresti meeting Attachments 121

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126 City Council Regular 9. e. Meeting Date: 02/23/2015 Information Subject Request Authorization to Travel to Austin, Texas on March 24, 2015 to attend City of Del Rio and Val Verde County Lobby Day - Robert Garza, Mayor Travel-Mayor-CDR Lobby Day- Austin Attachments 127

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130 City Council Regular 9. f. Meeting Date: 02/23/2015 Information Subject Request Authorization to Travel to Austin, Texas to Attend the a Meeting with Senator Carlos Uresti on February 25, Rowland Garza, Mayor Pro Tem Travel-Rowland Garza-Sen Uresti meeting Attachments 131

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132 City Council Regular 9. g. Meeting Date: 02/23/2015 Information Subject Request Authorization to Travel to Austin, Texas to Attend the a Meeting with Senator Carlos Uresti on February 25, Mike Wrob, Councilperson Travel-Mike Wrob-Sen Uresti meeting Attachments 133

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134 City Council Regular 10. a. Meeting Date: 02/23/2015 Submitted By: Samuel Gomez, Public Works Director Asst., Public Works Information SUBJECT: O: An Ordinance Amending the City of Del Rio code of Ordinance Chapter 17, Motor Vehicles and traffic, Article V, Speed, Section 17 in accordance with the Del Rio City Charter and State law Establishing the maximum prima facie speed limit upon that portion of 10 corridors within the city limits of the City of Del Rio, Texas and establish an effective date - Alejandro Garcia, Interim Public Works Director SUMMARY: Discussion and possible action on an Ordinance to authorize and direct City Manager Henry Arredondo to approve new traffic speed study recommendations. BACKGROUND:?A speed study was performed by AC Group LLC and this study proposed the speed limits as shown in the report. This report was presented to City Council for review and report was also reviewed by City of Del Rio Police Department. Their recommendations are included as an attachment with some discussions. Police Department concurs with the report recommendations except for three exceptions, also listed in their recommendation letter. DISCUSSION:?Approval for changing the speed limits as recommended by the report, and the Police Department, is necessary as this will set the most appropriate speed limits for the City of Del Rio. These changes will improve travel time, lower vehicle operating costs, maintain safety while diminishing the speed violations on these corridors. PROS:?Improve travel time, lower vehicle operating costs, maintain safety and lessen speed violations. This change will allow PD to exert more effort on other activities instead of devoting time and effort enforcing speeding violation. CONS:?None known as report states this will improve safety with less traffic citations being issued. RECOMMENDATION: Staff recommends approval of an ordinance to approve the changes as recommended by the report and by the City of Del Rio Police Department. 135

135 Fiscal Impact FISCAL IMPACT: The City of Del Rio will continue to be impacted by the users since the 85% of users continue to use the higher limits. It is best to change the speed limits to lessen travel times of citizens, improve safety, and lessen the numbers of violations. This will allow PD more time for other police activities. R: Speed Limit Speed Limit Statute Recommended Speed Limits by PD Chief Attachments 136

136 ORDINANCE NO. O: AN ORDINANCE AMENDING THE CITY OF DEL RIO CODE OF ORDINANCES CHAPTER 17, MOTOR VEHICLES AND TRAFFIC, ARTICLE V, SPEED, SECTION 107 IN ACCORDANCE WITH THE DEL RIO CITY CHARTER AND STATE LAW ALTERING BY ORDINANCE THE PRIMA FACIE SPEED LIMITS UPON THAT PORTION OF 10 CORRIDORS WITHIN THE CITY LIMITS OF THE CITY OF DEL RIO, TEXAS AND ESTABLISHING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Del Rio has the authority pursuant to Section of the Texas Transportation Code to alter prima facie speed limits from the results of an engineering and traffic investigation upon public streets located within the corporate limits of the City of Del Rio, Texas; and WHEREAS, the Engineering Services by AC Group LLC has conducted an engineering and traffic analysis upon that portion of North Del Rio area described herein; WHEREAS, the City Council is of the opinion that the prima facie speed limits as recommended and put forth herein should be established as specified in order to protect the public s health, safety and general welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DEL RIO, TEXAS, THAT: SECTION 1. The City of Del Rio, Texas Code of Ordinances is hereby amended by adding language that is italicized and deleting language that is stricken to reflect the following changes. SECTION 2. The City of Del Rio, Texas Code of Ordinances is hereby amended to reflect the following changes to the specified streets, notwithstanding the general speed limits stated in Section : Sec Certain areas specified. It shall be unlawful for any person to operate a motor vehicle in, along and upon the streets, alleys and ways of the city in excess of the following speeds: (1) Fifteen (15) miles per hour in all alleys; (2) Twenty (20) miles per hour within the areas designated school zone ; (3) Twenty-five (25) miles per hour within all areas designated as residential areas. a. Notwithstanding the speed limit as set forth above, the speed limit for Agarita Drive will be 30 miles per hour. b. Notwithstanding the speed limit as set forth above, the speed limit for Main Street will be 30 miles per hour. 137

137 c. Notwithstanding the speed limit as set forth above, the speed limit for Avenue T will be 30 miles per hour. d. Notwithstanding the speed limit as set forth above, the speed limit for 10 th Street will be 30 miles per hour. e. Notwithstanding the speed limit as set forth above, the speed limit for De La Rosa Street will be 30 miles per hour. (4) Thirty (30) miles per hour at other locations within the city limits. a. Notwithstanding the speed limit as set forth above, the speed limit for Amistad Boulevard will be 35 miles per hour. b. Notwithstanding the speed limit as set forth above, the speed limit for Cantu Road will be 35 miles per hour. c. Notwithstanding the speed limit as set forth above, the speed limit for Railway Avenue will be 35 miles per hour. d. Notwithstanding the speed limit as set forth above, the speed limit for Dodson Avenue will be 45 miles per hour. e. Notwithstanding the speed limit as set forth above, the speed limit for Bedell Avenue will be 35 miles per hour. SECTION 4. All other provisions of Section 7, Article V of the Code of Ordinances of the City of Del Rio remain in full force and effect except as expressly amended and adopted by this ordinance. SECTION 5. A violation of this ordinance is subject to the penalties and provision of Section of the Texas Transportation Code. SECTION 6. The publishers of the Code of Ordinances of the City of Del Rio, Texas, are authorized to amend said Chapters of said Code to reflect the changes adopted herein, to correct typographical errors and to index, format and number paragraphs to conform to the existing code. SECTION 7. Staff is hereby directed to publish notice of this Ordinance in a newspaper published in the City of Del Rio, Texas, as required by the Charter of the City of Del Rio. SECTION 8. This Ordinance shall become effective at such time as the signs depicting each change in speed limit have been properly erected. PASSED AND APPROVED on this 23 rd day of February, ROBERT GARZA Mayor 138

138 ATTEST: SUSAN CORP City Secretary REVIEWED FOR ADMINISTRATION: REVIEWED AS TO FORM: HENRY ARREDONDO SUZANNE WEST City Manager City Attorney 139

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144 City Council Regular 10. b. Meeting Date: 02/23/2015 Information SUBJECT: O: An Ordinance by the City Council of the City of Del Rio, Texas, Authorizing and Directing the City Manager Henry Arredondo to sign and execute a Construction Contract in the bid amount for the $3,194, for the base bid items without any of the Alternates Alejandro Garcia, Interim Public Works Director SUMMARY: Discussion and possible action to authorizes City Manager Henry Arredondo to negotiate and execute a construction contract with Alvin E. Stock Contractor Ltd for the construction of the City's Waterline Distribution Rehab Phases B and D project and to sign a deductive change order. Two bids were received and the bid from this firm was the apparent low bidder. Further, it view of the budget amounts available for this work, City Manager Henry Arredondo must negotiate to not exceed $2,388, The fund amount that is available is only $2,073, from TWDB. Thus, City of Del Rio must provide funds in the amount of $315, to totally fund the contract. Funds are provided from the Texas Water Development Board through the Drinking Water State Revolving Fund and from the City of Del Rio Enterprise funds or reserves for a contract total of $2,388, BACKGROUND: The scope of the work is summarized as: Construction of water distribution system pipelines & components replacing existing water infrastructure and are as follows: approximately 47,468 LF (9 miles) of 8-inch diameter water mains and 2,228 LF of 16-inch diameter water transfer line. The project will include all pipes, associated valves, fittings hydrants, & water appurtenances, encasements, water service line & meter replacement, cutting & patching of streets, all testing, disinfection, SWPPP measures, traffic control, and related material & procedures as outlined in construction plans and specifications. Due to budgets, contract cannot exceed the available TWDB funds and must be negotiated and scope reduced to amount of approximately $2,388,318 with Alvin E. Stock Contractors, Ltd. for the Water Line Distribution Rehabilitation Phases B and D Project. City Council therefore hereby also authorizes City Manager Henry Arredondo to negotiate and execute a deductive change order in the amount not to exceed $796, DISCUSSION: 145

145 The project is for the last two phases B and D. Phases for the Waterline Distribution Rehabilitation project which includes Phases B and D.. The City received two bids on October 10, 2014 from Alvin E Stock Contractor Ltd and from Spiess Construction Co. Inc. for the project for phases. The apparent low bidder was Alvin Stock Contractor Ltd. with a bid of $3,184, for the basic scope items. Due to budgetary constraints the contract can only be reduced to a sum not to exceed $2,388, and the change order cannot exceed 25% of deduction or addition from the basic contract amount and this equals $796, Alvin E. Stock Construction, Ltd., contractor is also working with the City of Del Rio on the ongoing project for Waterline Distribution Rehabilitation Phases A&C, performing on schedule and with no safety issues. The project is funded with TWDB DWSRF funding which provides a lower interest rate than the market rate and with City of Del Rio funds.. PROS: By approving this ordinance for the contract and deductive modification, the reconstruction of 5 miles of waterlines and associated infrastructure shall be replaced.of the City's Waterline Distribution Rehab Phases B and D project. CONS: By approving this ordinance construction activities shall occur over 5 miles of city streets thus inconveniencing the public due to the excavation in the streets and in the properties which are to receive new service lines.. RECOMMENDATION: Staff recommends approval and authorization of City Manager Henry Arredondo to execute a construction contract with Alvin E. Stock Contractor Ltd. for the construction of the City's Waterline Distribution Rehab Phases B and D and to negotiate the deductive change order. Negotiation is necessary to meet the budgetary constraints of the TWDB DWSRF available funds and issuance of the deductive change order is also necessary.... Fiscal Impact FISCAL IMPACT: The City of Del Rio will be fiscally impacted by the amount of $315, to fund this contract and the amount of $2,073, (estimated)to fund the contract will be from the commitment from Texas Water Development Board loan. Total contract amount after negotiations and issuance of the deductive change order shall be $2,388, However the other contract A & C funded by TWDB is under running some items and it is expected that there will be credits in the amount of approximately $350, in contact A & C. Further, TWDB has concurred that these funds from project A & C can be transferred/shifted to this contract and the City of Del Rio funds stated above can be reimbursed back to whichever fund was initially used to assure funding of the contract. Attachments 146

146 R: Award Waterline Dist. Rehabilitation Phase B & D Location Map TWDB Grant date Approval Letter of Recommendtion C-941 change order 147

147 ORDINANCE NO. O: A ORDINANCE BY THE CITY OF DEL RIO CITY COUNCIL AUTHORIZING AND DIRECTING CITY MANAGER HENRY ARREDONDO TO EXECUTE AND SIGN A CONSTRUCTION CONTRACT IN THE BID AMOUNT FOR $3,194, FOR THE BASE BID ITEMS WITHOUT ANY OF THE ALTERNATES 1-4. WHEREAS, the City of Del Rio Public Works Department solicited bids from qualified contractors and received two bids; and WHEREAS, the City of Del Rio Public Works Department has planned the rehabilitation of existing waterline infrastructure City Wide; and WHEREAS, the design for the Waterline Distribution Rehabilitation Phase B and D has been completed by the Consultant Engineer; and WHEREAS, the award of a contract to the apparent low bidder Alvin E. Stock, Contractor Ltd., in the amount not to exceed $2,388, and issuance of a deductive change order in the amount of ($796,106.00) (estimated) are both necessary in order to meet the budgeted amount. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DEL RIO, TEXAS, THAT: City Manager, Henry Arredondo is hereby authorized and directed sign and execute a construction contract and to sign a deductive modification with firm of Alvin E. Stock Contractors, LTD for the Waterline Distribution Rehabilitation Phase B and D. PASSED AND APPROVED on this the 23 rd day of February ATTEST: ROBERT GARZA Mayor SUSAN CORP City Secretary REVIEWED FOR ADMINISTRATION: REVIEWED AS TO FORM: HENRY ARREDONDO SUZANNE WEST City Manager City Attorney 148

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150 February 10, 2015 Mr. Alejandro Garcia City of Del Rio 108 W. Broadway St. Del Rio, TX Subject: Bid Evaluation Waterline Distribution Rehabilitation Phase B & D City of Del Rio, Solicitation No. R Dear Mr. Garcia, Bids for the above referenced project were opened at 3:00 pm on October 10, The bid tabulation indicates two (2) companies submitted bids for the project as follows: BIDDER BID AMOUNT Alvin E. Stock Contractor, Ltd. $3,184, Spiess Construction Co., Inc. $3,207, Alvin E. Stock Contractor, Ltd. was the apparent low bidder for the project base bid at $3,184, Spiess Construction Co., Inc. bid did not follow the instructions per the Measurement and Payment Section in in which the Pay Items, Project Bonds, Mobilization and Insurance, and Preparation of Rightof-Way, were higher than the 10% and 5% limit, respectively. Alvin E. Stock Contractor, Ltd. bid was approximately 0.09% below the Engineer s Opinion of Probable Construction Costs of $3,213, Their bid was reviewed for mathematical errors, and none was observed. Due to budgetary constraints, a deductive change order will be provided in order to achieve the target budget of $2,388,318. Per the requirements of the Instructions to Bidders, Alvin E. Stock Contractor, Ltd., submitted the required Record of Performance within the requested period following the bid opening for the reference evaluation. Organization Contact Person Contact Phone Number County of Dimmit Mr. Eloy Rodriguez County of Uvalde Mr. Carl Esser City of Crystal City Ms. Xiomara Sepulveda Each of the references contacted provided a positive review of the work performed by Alvin E. Stock Contractor, LTD., and indicated that they could successfully perform the scope of this project. There were no complaints about schedule slippage or budget issues. In addition to the projects discussed above, Alvin E. Stock Contractor, LTD. is currently working with the City of Del Rio one ongoing project, Waterline Distribution Rehabilitation Phase A &C. Based on review of the bids, references, and safety records, Alvin E. Stock Contractor, LTD., appears to be the lowest responsible bidder and should be considered for executing the above referenced project. If you have any questions or comments regarding this evaluation, please do not hesitate to contact me at or you may contact Jaime Kypuros at Respectfully, Hugo Cabrera, P.E. Project Manager 151

151 Change Order No. 1 Date of Issuance: February 20, 2015 Effective Date: Project: Water Distribution Rehab Phase B & D Contract: Owner: City of Del Rio Owner's Contract No.: IFB #R Date of Contract: Contractor: Alvin E. Stock Contractor, LTD. Engineer's Project No.: The Contract Documents are modified as follows upon execution of this Change Order: Description: This change order is being issued in order to reduce the Base Bid Total from $3,184,424 to $2,388,318 due to budgetary constraints. Attachments (list documents supporting change): N/A CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: Original Contract Times: Working days Calendar days Substantial completion (days or date): 345 $ 3,184, Ready for final payment (days or date): 365 Decrease from previously approved Change Orders No. N/A to No. 1: Increase/Decrease from previously approved Change Orders No. N/A to No. 1: Substantial completion (days): 0 $0 Ready for final payment (days): 0 Contract Price prior to this Change Order: Contract Times prior to this Change Order: Substantial completion (days or date): 345 $ 3,184, Ready for final payment (days or date): 365 Decrease of this Change Order: Increase/Decrease of this Change Order: Substantial completion (days or date): 0 $ 796, Ready for final payment (days or date): 0 Contract Price incorporating this Change Order: Contract Times with all approved Change Orders: Substantial completion (days or date): 345 $2,388, Ready for final payment (days or date): 365 RECOMMENDED: ACCEPTED: ACCEPTED: By: By: By: Engineer (Authorized Signature) Owner (Authorized Signature) Contractor (Authorized Signature) Date: Date: Date: Approved by Funding Agency (if applicable): Date: EJCDC C-941 Change Order Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 1 of 2 152

152 Change Order Instructions A. GENERAL INFORMATION This document was developed to provide a uniform format for handling contract changes that affect Contract Price or Contract Times. Changes that have been initiated by a Work Change Directive must be incorporated into a subsequent Change Order if they affect Price or Times. Changes that affect Contract Price or Contract Times should be promptly covered by a Change Order. The practice of accumulating Change Orders to reduce the administrative burden may lead to unnecessary disputes. If Milestones have been listed in the Agreement, any effect of a Change Order thereon should be addressed. For supplemental instructions and minor changes not involving a change in the Contract Price or Contract Times, a Field Order should be used. B. COMPLETING THE CHANGE ORDER FORM Engineer normally initiates the form, including a description of the changes involved and attachments based upon documents and proposals submitted by Contractor, or requests from Owner, or both. Once Engineer has completed and signed the form, all copies should be sent to Owner or Contractor for approval, depending on whether the Change Order is a true order to the Contractor or the formalization of a negotiated agreement for a previously performed change. After approval by one contracting party, all copies should be sent to the other party for approval. Engineer should make distribution of executed copies after approval by both parties. If a change only applies to price or to times, cross out the part of the tabulation that does not apply. EJCDC C-941 Change Order Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 2 of 2 153

153 City Council Regular 11. a. Meeting Date: 02/23/2015 Submitted By: Amelia Moreno, Executive Secretary, Administration Information SUBJECT: R: A Resolution by the City Council of the City of Del Rio, Texas Authorizing and Directing the City Manager Henry Arredondo to Execute the Lease Agreement with the United States Congressman Will Hurd, a member of the 114th U.S. Congress for Office Space at the Del Rio International Airport - Henry Arredondo, City Manager SUMMARY: Discussion and possible action on a resolution to authorize and direct City Manager Henry Arredondo to amend the lease agreement with the Federal Government for office space to be utilized by U.S. Congressman Will Hurd who serves on the 114th Congress. BACKGROUND: U.S. Congressman Will Hurd who serves on the 114th Congress, has requested a field office here in Del Rio. DISCUSSION: The lease shall begin January 2015 and end December 2017 and shall be a district office. PROS: By approving this resolution, a U.S. Congressman shall conduct official business out of a City Facility. CONS: By approving this resolution shall occupy office space that may be otherwise used by the City of Del Rio. RECOMMENDATION: Staff recommends approval of a resolution to authorize and direct City Manager Henry Arredondo to amend the lease agreement with the Federal Government for office space to be utilized by U.S. Congressman Will Hurd who serves on the 114th Congress. FISCAL IMPACT: Fiscal Impact 154

154 Rent is $1/month Attachments R: Lease Agreement Congressman Hurd Congressman Will Hurd agreement 155

155 RESOLUTION R: A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DEL RIO, TEXAS AUTHORIZING AND DIRECTING THE CITY MANAGER HENRY ARREDONDO TO EXECUTE THE LEASE AGREEMENT WITH US CONGRESSMAN HURD A MEMBER OF THE 114 TH US CONGRESS FOR OFFICE SPACE AT THE DEL RIO INTERNATIONAL AIRPORT. WHEREAS, the US Congressman has requested office space in the Del Rio International Airport as a district office; and WHEREAS, the lease shall be in effect for two years beginning on January 2015; and WHEREAS, the US Congressman shall use this office to conduct business for the US Congress and his constituents; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DEL RIO, TEXAS, THAT: City Manager, Henry Arredondo is hereby authorized to amend the lease agreement with US Congressman Hurd, a member of the 114 th US Congress, for office space at the Del Rio International Airport. PASSED AND APPROVED on this the 23rd day of February ATTEST: ROBERT GARZA Mayor SUSAN CORP City Secretary REVIEWED FOR ADMINISTRATION: REVIEWED AS TO FORM: HENRY ARREDONDO SUZANNE WEST City Manager City Attorney 156

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165 City Council Regular 11. b. Meeting Date: 02/23/2015 Submitted By: Alejandro Garcia, Public Works Director, Public Works Information SUBJECT: R: A Resolution by the City Council of the City of Del Rio Authorizing City Manager Henry Arredondo to Issue a Request for Qualifications for obtaining the services of an Independent Testing Laboratory for the Clean Water State Revolving Fund (CWSRF) project No funded by the Texas Water Development Board. Project currently ongoing is with the firm of Spiess Construction Co., Inc. - Alejandro Garcia, Interim Public Works Director SUMMARY: Texas Water Development Board has provided funds and the initial Budget Summary for project has funds for Construction, Basic Engineering, Special Services, Fiscal Services, Other, and Contingencies but insufficient funds were set aside for the necessary Testing in the initial budget. Funds were requested and TWDB concurred that funds in the amount not to exceed $50, could be budgeted for this line item of "Testing". The current Revised Budget dated 2/5/2015 does indicate the sum now currently allowed under the heading of "Testing" highlighted in yellow is the $50, requested by staff. These monies will fund the Independent Laboratory Testing. BACKGROUND: Project No Collection System Reconstruction is for the wastewater project contracted with the firm of Spiess Construction Co., Inc. Project is ongoing and testing by an Independent Testing Laboratory has been conducted by on-call firms that respond and provide necessary quality control testing periodically and the invoices are funded internally using City of Del Rio funds from Enterprise or Reserves funds. Now the firm selected will continue the testing using the contract now funded with the TWDB funds. DISCUSSION: Project No is currently approximately 50% complete and another 6-7 months of work remain to be completed. Further, it is possible that City of Del Rio funds previously used can be reimbursed from this amount and also, any continuing tested shall use these funds. Testing by an Independent Testing Laboratory is necessary in order to assure quality and acceptability of work. PROS: 166

166 Use of an Independent Testing Laboratory funded with these monies allows a firm to be under contract and on-board to quickly to respond to calls for testing and for unique situations requiring prompt response. As is the situation now, it is necessary to find and contact firms that can do the testing and the firms must accommodate City of Del Rio requests. Firms normally have contracts such as at other cities like Eagle Pass or elsewhere and their contracted requirements take precedence over City of Del Rio requests.. CONS: Lack of this Independent Testing Laboratory delays response times to perform the testing timely. Also, City of Del Rio funds must be used in lieu of the funds provided by the TWDB RECOMMENDATION: Staff recommends issuance of this RFQ to obtain the services of an Independent Testing Laboratory for the continued inspection and testing of ongoing work on the wastewater project. Fiscal Impact FISCAL IMPACT: Funds from the Texas Water Development Board loan in the amount not to exceed $50, will be used for obtaining services of an Independent Testing Laboratory. R: Authorizing RFQ for Soil Testing lab TWDB Budget Attachments 167

167 RESOLUTION NO. R: A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DEL RIO, TEXAS AUTHORIZING THE CITY MANAGER HENRY ARREDONDO TO ISSUE A REQUEST SOLICIT QUALIFICATIONS FOR OBTAINING THE SERVICES OF AN INDEPENDENT TESTING LABORATORY FOR THE CLEAN WATER STATE REVOLVING FUND (CWSRF) PROJECT NO FUNDED BY THE TEXAS WATER DEVELOPMENT BOARD. PROJECT CURRENTLY ONGOING WITH THE FIRM OF SPIESS CONSTRUCTION CO., INC. WHEREAS, the City of Del Rio has identified the need to request for Qualifications for obtaining the services of an Independent Testing Laboratory to perform all inspections and tests or approvals required by the contract documents and specifications; and WHEREAS, the City has already obtained funding for the design and construction of the project via prior certificates of obligation issued; and WHEREAS, the City has identified the need for independent testing in order to comply with designed specifications; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DEL RIO, TEXAS THAT: 1. It hereby authorizes and directs the City Manager to solicit qualifications from Independent testing laboratory for various City of Del Rio Projects. PASSED AND APPROVED on this the 23 rd day of February, ATTEST: ROBERT GARZA Mayor SUSAN CORP City Secretary REVIEWED FOR ADMINISTRATION: REVIEWED AS TO FORM: HENRY ARREDONDO SUZANNE WEST City Manager City Attorney 168

168 Current Budget Summary Del Rio Collection System Reconstruction Last Update: 8/7/2014 Budget Items Description TWDB Funds Local Funds Other Funds Total Approved for Revised Budget Budget Items Description TWDB Funds Local Funds Other Funds Total Disbursement Approved for 2/5/2015 Construction Disbursement Construction $4,300, $0.00 $0.00 $4,300, $0.00 $0.00 Construction Contract 01 - SS Coll Sys Rehab Ph $0.00 $0.00 $0.00 $0.00 $0.00 $4,402, Subtotal for Construction $4,300, $0.00 $0.00 $4,300, $0.00 $4,402, Basic Engineering Services Construction Engineering $62, $0.00 $0.00 $62, $0.00 $62, Design $150, $0.00 $0.00 $150, $123, $150, Planning $74, $0.00 $0.00 $74, $74, $74, Subtotal for Basic Engineering Services $287, $0.00 $0.00 $287, $198, $287, Special Services Environmental $7, $0.00 $0.00 $7, $7, $7, Geotechnical $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Inspection $20, $0.00 $0.00 $20, $0.00 $20, Project Management (by engineer) $20, $0.00 $0.00 $20, $0.00 $20, Surveying $5, $0.00 $0.00 $5, $5, $5, Testing $5, $0.00 $0.00 $5, $0.00 $50, Subtotal for Special Services $57, $0.00 $0.00 $57, $12, $102, Fiscal Services Bond Counsel $32, $0.00 $0.00 $32, $32, $32, Financial Advisor $52, $0.00 $0.00 $52, $52, $52, Fiscal/Legal $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Issuance Costs $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Loan Origination Fee $90, $0.00 $0.00 $90, $90, $90, Subtotal for Fiscal Services $175, $0.00 $0.00 $175, $175, $175, Other Other (Describe) $5, $0.00 $0.00 $5, $0.00 $5, Subtotal for Other $5, $0.00 $0.00 $5, $0.00 $5, Contingency Contingency $175, $0.00 $0.00 $175, $0.00 $27, Subtotal for Contingency $175, $0.00 $0.00 $175, $0.00 $27, Total $5,000, $0.00 $0.00 $5,000, $385, $5,000, /6/2015 9:43:13 AM 1691 of 1

169 City Council Regular 11. c. Meeting Date: 02/23/2015 Submitted By: Mary Canales, Human Resources Director, Human Resources Information SUBJECT: R: A Resolution by the Del Rio City Council Confirming the Appointment of the Chief of Police for the City of Del Rio, Texas - Mary Canales, Human Resources Director SUMMARY: A vacancy exists in the Chief of Police position. Local Ordinances and Texas Local Government Code requires the appointment of the Chief of Police position by the City Manager with confirmation by the City Council. BACKGROUND: The search for a new Chief of Police began in November The search yielded twelve (12) applicants. The selection was narrowed to one applicant whose qualifications and experience met the type of individual needed to lead the Del Rio Police Department. DISCUSSION: Chief Bullard proudly served in the United States Army from , where he was honorably discharged at the rank of Sergeant. Soon after, he began a career with the Texas Department of Public Safety. His career spanned 30 years, and included the positions of Trooper, Sergeant, Lieutenant and his final position of Captain where he directly supervised the work in the Criminal Law Enforcement Division and functioned as a District Commander for an assigned zone. In 1998, he accepted the Chief of Police position for the City of Ingleside. In 1999, Akal Security brought him to Del Rio, where he served as Lead Court Security Officer, supervising court security officers providing security for Federal District Judges, Federal Magistrate Judges, and the Federal Court House. From 2005 until his retirement in 2009, Chief Bullard served as Chief of Police for the City of Del Rio, Texas. In 2010, he began a career with Val Verde County, serving as Chief Deputy assigned to administration. On October 2014, the City of Del Rio requested his services as Interim Chief of Police, a position he has held since. Chief Bullard graduated from Abilene Christian University in 1978, where he obtained a Bachelor's of Business Administration. He graduated from the FBI National Academy in He holds a Master Peace Officer Certificate from TCOLE. PROS: Waylon J. Bullard is an excellent selection for Chief of Police. His experience and knowledge will be invaluable not only to the Del Rio Police Department, but also to the citizens who the department serves. 170

170 CONS: None RECOMMENDATION: Administration is recommending the confirmation of Waylon J. Bullard to the position of Chief of Police. Fiscal Impact FISCAL IMPACT: There is no additional fiscal impact to the City of Del Rio. The Chief of Police position is a regular budgeted position. R: Chief of Police appointment Bullard Attachments 171

171 RESOLUTION No. R: A RESOLUTION BY THE DEL RIO CITY COUNCIL CONFIRMING THE APPOINTMENT OF THE CHIEF OF POLICE FOR THE CITY OF DEL RIO, TEXAS. WHEREAS, a vacancy exists in the position of Chief of Police; and WHEREAS, Chapter 22, Article II, Section of the Code of Ordinances provides that the appointment of the Chief of Police by the City Manager shall be subject to the approval of the Del Rio City Council; and WHEREAS, Chapter 143, Municipal Civil Service for Firefighters and Police Officers of the Texas Local Government Code, Article Section (a) (1) Appointment and Removal of Department Head provides that the appointment of the Chief of Police shall be appointed by the Chief Executive Officer and confirmed by the municipality s governing body; and WHEREAS, Henry Arredondo, City Manager, who serves as Chief Executive Officer, wishes to appoint Waylon J. Bullard as Chief of Police to fill the existing vacancy of said position. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DEL RIO, TEXAS, THAT: The appointment of Waylon J. Bullard as Chief of Police by the City Manager effective February 23, 2015 is hereby confirmed. PASSED AND APPROVED on this 23 rd day of February ROBERT GARZA Mayor ATTEST: SUSAN CORP City Secretary REVIEWED FOR ADMINISTRATION: REVIEWED AS TO FORM: HENRY ARREDONDO City Manager SUZANNE WEST City Attorney 172

172 City Council Regular 11. d. Meeting Date: 02/23/2015 Submitted By: Aida Garcia, Administrative Assistant, Legal Department Information SUBJECT: R: A Resolution by the Del Rio City Council Reaffirming its Unwavering Support for the Creation of a Groundwater Conservation District for Val Verde County, Texas - Suzanne West, City Attorney SUMMARY: N/A BACKGROUND: N/A DISCUSSION: N/A PROS: N/A CONS: N/A RECOMMENDATION: N/A FISCAL IMPACT: N/A Fiscal Impact Attachments R: Reaffirming Support - Creation of Groundwater District Groundwater Bill Draft - Jan

173 RESOLUTION NO. R: A RESOLUTION BY THE DEL RIO CITY COUNCIL REAFFIRMING ITS UNWAVERING SUPPORT FOR THE CREATION OF A GROUNDWATER CONSERVATION DISTRICT FOR VAL VERDE COUNTY, TEXAS WHEREAS, water is vital to the economic wellbeing and welfare of the citizens of Del Rio and Val Verde County; and WHEREAS, the water that sustains life and the economy of Del Rio and Val Verde County comes from a local source, namely the San Felipe Springs in Del Rio as well as various other springs and rivers in Val Verde County; and WHEREAS, those springs and rivers in turn are fed by the Edwards-Trinity Aquifer, which is the groundwater aquifer in Val Verde County; and WHEREAS, the City Council and Val Verde County Commissioners met on January 20, 2015 and jointly agreed on a bill for the creation of a groundwater conservation district; and WHEREAS, the City Council feels that the creation of a groundwater conservation district is necessary to protect the springs and groundwater in Val Verde County for present and future needs; and WHEREAS, the City Council desires to emphasize its unwavering support for the creation of a groundwater conservation district for Val Verde County. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DEL RIO, TEXAS, THAT: Section 1. City Attorney Suzanne West is hereby authorized to forward this resolution to legislative staff in Austin, Texas. Section 2. The City Council reiterates its support for the creation of a groundwater conservation district for Val Verde County, Texas. PASSED AND APPROVED on this 23 rd day of March, ROBERT GARZA Mayor 174

174 ATTEST: SUSAN CORP City Secretary REVIEWED FOR ADMINISTRATION: REVIEWED AS TO FORM: HENRY ARREDONDO City Manager SUZANNE WEST City Attorney 175

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186 City Council Regular 12. a. Meeting Date: 02/23/2015 Submitted By: Amelia Moreno, Administration Information Subject Review the FY nd Quarter In-kind Grant Applications- Ryan D. Rapelye, Assistant City Manager FY nd. Quarter Applications 2nd. Quarter applications Attachments 187

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