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CITY OF DEL RIO, TEXAS

REGULAR CITY COUNCIL MEETING Council Chambers ­ City Hall 109 West Broadway July 27, 2010 1. CALL TO ORDER Mayor Roberto Fernandez called the Regular City Council meeting to order on the above date at 6:30 p.m. 2. ROLL CALL Mayor Roberto Fernandez Councilmember Mary Ann Zepeda Councilmember Tina Martinez Councilmember Mike Wrob Councilmember Alfredo Contreras Councilmember Rene Luna Absent: Councilmember Alvaro Arreola A quórum was called. Others present: David Sorola, Robert Eads, Eloy Padilla, Bob Parker, Manuel Chavez, Gilbert Sanchez, Joe Rivera, Chief Arnaldo Ramos, Mark Crosby, Chief Harold Bean, Mike McClellan, Lorinda Castillo, Fabio Angell, Mary Rodriguez, Mario Garcia, Fred Reyes, Roger Sanchez, Emit Salinas, Janice Pokrant, Anthony Rodriguez, John Burns, John Sheedy, Hector Canales, Jesus Perez, Steve Grennek, Susan Corp, news media and visitors. 3. INVOCATION Pastor Martin Seca, Livingstone Worship Center, gave the invocation. 4. PLEDGE OF ALLEGIANCE Those present recited the Pledge of Allegiance. 5. APPROVAL OF MINUTES Regular City Council Meeting-July 13, 2010

Mayor Roberto Fernandez stated that he would like the minutes to be up to date.

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Councilmember Luna moved to approve the minutes for the July 13, 2010 Regular City Council Meeting. Councilmember Zepeda seconded the motion. MOTION PASSED The vote was 6-0 Ayes: Mayor Roberto Fernandez, Councilmembers Zepeda, Martinez, Luna Wrob and Contreras Nays: None 6. PUBLIC HEARING (ACTION MAY BE TAKEN ON THESE MATTERS) Zoning Change Request - (210 East 17th Street) Zoning Change Request of 6.58 acre tract known as Lot 1, of the Boys and Girls Club for a change in zoning from R-S Residential Single Family District to Residential Multiple Residential Single Family District Zoning Change Request - (602 & 604 East 15th Street) Zoning Change Request for a change in zoning from C-1, Local Commercial District to C-2-A, Commercial First Height District Mayor Roberto Fernandez called for public comments on each item and there were none. VISITORS 7. Presentation on Groundwater Issues - Ronald C. Burton, Citizen (Slide presentation) Ronald Burton reminded Council that two weeks ago, Ron Greene appeared before Council and brought a summary of a study he prepared for Del Rio (and several groundwater districts in Groundwater Management Area #7.) During this same two week period, a situation was developing in Uvalde, which involved what the San Antonio Water System (SAWS) was doing to pursue its goals to get additional water, and what an organization called the Southwest Texas Water Resources was attempting to do in Uvalde. Every two years water issues arise just before the Legislature becomes active. SAWS has been trying for 10 years to get a permit from the Gonzales County Underground Water Conservation District to get water from the Carrizo aquifer. Two weeks ago they were granted a permit for 11,687 acre feet. Putting that in perspective: o Del Rio has a surface water right at the San Felipe Springs for 11,400 acre feet, so the amount is comparative. o The permit is for 30 years with mandatory renewal every 5 years.

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o Example: Schertz, Seguin local government corps pipeline etc. - those two cities have formed a cooperating government corporation and they built a pipeline from the Carrizo aquifer to their area so they could transfer water which they had gotten a permit for. o Since that bridges most of the gap from the Carrizo aquifer to San Antonio, they are going to try to negotiate with the Schertz/Seguin Corporation to extend the pipeline (at San Antonio's expense) with additional pumps etc. to allow San Antonio to get its water from the Carrizo aquifer. o The other thing San Antonio wants to do is negotiate with the Schertz/Seguin Corporation and get 5,500 additional acre feet so that in effect, San Antonio is going to get something over 17,000 acre feet out of the Carrizo aquifer. Councilmember Wrob asked who they are purchasing the water from that they are pumping out of the aquifer? Mr. Burton did not have the information. Mayor Roberto Fernandez thought the seller might be Carrizo and that the article was published a couple of days ago in the San Antonio Express News. Mr. Burton continued advising that Southwest Texas Water Resources made a presentation to the Uvalde City Council and discussed what they called the Uvalde Water Project which entailed a proposition to build a 67 mile pipeline to move 40,000 acre feet of water from the Uvalde Pool of the Edwards Aquifer to the San Antonio Pool of the Edwards Aquifer. Basically this is to bypass the Knippa Gap (a formation underground, mostly limestone, which tends to be a blockage of the water from the West to the East.) Basically this organization is saying the water level in the Uvalde Pool is higher and more steady due to the Knippa Gap. The type of pumping, currently occurring on the Uvalde side, is irrigation under controlled circumstances with carefully measured permits etc. On the Edwards Aquifer side, it is much more dynamic. When it gets hot and dry, San Antonio usage shoots up and the aquifer goes down. The volatility of the San Antonio Pool has some effect on how well the Comal Springs and some of the other springs operate. They are driven by what is in the San Antonio Pool, not what is going on in the Uvalde Pool. Currently, state law does not allow this pipeline to be built. The organization is seeking some kind of legislative waiver by claiming the altruistic approach that they are carefully moving this water from one pool to the other to manage and level out the two pools. When SAWS goes beyond the Edward Aquifer what does it cost them to get some of this water. The Carrizo Aquifer water is going to pass through Schertz and Sequin and on to San Antonio. · · It will be about $131,000,000 for the water and infrastructure or about $1,550 per acre foot and that is about five times the cost of the typical Edwards Aquifer water and infrastructure. The estimated cost for SAWS to use Edwards Aquifer water is about $310 per acre foot and when they reach out it starts going up to the $1,500+ figure.

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Southwest Texas Water Resources suggests water sellers receive $7,000,000 a year on an ongoing basis for their 40,000 acre feet. Taking the $7,000,000 and dividing it by 40,000 acre feet it comes out to be about $175 per acre foot. The price per acre foot that SAWS is proposing to pay to people in Uvalde, via paper transfer and executed 30 year contract, is an estimated $5,000 approximately per acre foot. Allowing for inflation and adjusting the offer to $5,250 per acre foot, divided by thirty years and it comes out again $175 per acre foot. This seems to be the going rate which these water companies are going to pay. As a land owner with access to water and the legal right to sell, what is the cost per acre foot ? (1)An acre foot is 325,851 gallons of water. (2) One gallon of water weighs 8-1/3 lbs. (3) 1 acre foot of water weighs 2,714,339 or approximately 1,350 tons Mr. Burton questioned what the cost of electricity or other fuel would be to lift 1,350 tons of water from whatever depth the water is below the surface. This cuts into the $175 per acre foot. Mr. Burton agreed to mail copies of his report to Council and those who requested them. ORDINANCES (ACTION MAY BE TAKEN ON THESE MATTERS)

8.

O: 2010-033 An Ordinance In Accordance With The Del Rio City Charter And State Law Providing For The Re-Zoning Of 210 East 17th Street From R-S, Residential Single Family District to R-M, Residential Multiple Family District Within The City Of Del Rio The heading of the Ordinance was read as follows: AN ORDINANCE IN ACCORDANCE WITH THE DEL RIO CITY CHARTER AND STATE LAW PROVIDING FOR THE RE-ZONING OF 210 EAST 17TH STREET FROM R-S, RESIDENTIAL SINGLE FAMILY DISTRICT TO R-M, RESIDENTIAL MULTIPLE FAMILY DISTRICT WITHIN THE CITY OF DEL RIO Councilmember Luna moved to approve Ordinance No. O: 2010-033 with the word shall in the body. Councilmember Martinez seconded the motion. MOTION PASSED The vote was 6-0. Ayes: Mayor Roberto Fernandez, Councilmembers Zepeda, Martinez, Wrob, Contreras and Luna Nays: None Councilmember Wrob asked why most of the returned forms were against the re-zoning but the planning department and board were recommending the rezoning. Janice Pokrant, City Planner advised that their department formulates their recommendation on land use

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policy. Councilmember Contreras asked how many apartments will be Section 8 housing and Ms. Pokrant did not have this information. He felt that this is often a neighborhood concern when this type of project is planned. Additionally, he asked about loading and unloading buses at North Heights and Ms. Pokrant assured him that the developer will build a separate road on the property to the housing. Councilmember Contreras then asked the building of sidewalks and Ms. Pokrant confirmed that multifamily zoning needs to have a sidewalk. Mayor Roberto Fernandez commented that these are $100,000 homes and considered low rent housing area. 9. O: 2010-034 An Ordinance In Accordance With The Del Rio City Charter and state Law Providing For The Re-Zoning of 602 & 604 East 15th Street From C-1, Local Commercial District To C-2-A, Commercial First Height District Within The City Of Del Rio The heading of the Ordinance was read as follows: AN ORDINANCE IN ACCORDANCE WITH THE DEL RIO CITY CHARTER AND STATE LAW PROVIDING FOR THE RE-ZONING OF 602 & 604 EAST 15TH STREET FROM C-1, LOCAL COMMERCIAL DISTRICT TO C-2-A, COMMERCIAL FIRST HEIGHT DISTRICT WITHIN THE CITY OF DEL RIO Councilmember Luna moved to approve Ordinance No. O: 2010-034 with the word shall in the body. Councilmember Wrob seconded the motion. MOTION PASSED The vote was 6-0. Ayes: Mayor Roberto Fernandez, Councilmembers Zepeda, Martinez, Wrob, Contreras and Luna Nays: None RESOLUTIONS (ACTION MAY BE TAKEN ON THESE MATTERS) 10. R: 2010-123 A Resolution In Accordance With The Del Rio City Charter Providing For The Appointment Of An Acting City Manager; Establishing A Temporary Salary; And Establishing An Effective Date The Heading Of The Resolution was read as follows: A RESOLUTION IN ACCORDANCE WITH THE DEL RIO CITY CHARTER PROVIDING FOR THE APPOINTMENT OF AN ACTING CITY MANAGER; ESTABLISHING A TEMPORARY SALARY; AND ESTABLISHING AN EFFECTIVE DATE Councilmember Wrob moved to approve Resolution No. R: 2010-123. Councilmember Zepeda seconded the motion. MOTION PASSED

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The vote was 6-0. Ayes: Mayor Roberto Fernandez, Councilmembers Zepeda, Martinez, Wrob, Contreras and Luna Nays: None There was no discussion. 11. R: 2010-1214 A Resolution By The City Council Of The City Of Del Rio, Texas Authorizing And Directing The Acting City Manager To Negotiate And Award A Contract With The Firm Of Chiang, Patel, and Yerby (CP&Y) To Perform The Necessary Engineering Services To Design Cell 5 and Produce The Plans and Specifications Necessary To Be Able To Go Out For Bids To Construct Cell 5 Of The Del Rio Municipal Solid Waste Landfill Permit No MSW 207A The heading of the Resolution was read as follows: A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DEL RIO, TEXAS AUTHORIZING AND DIRECTING THE ACTING CITY MANAGER TO NEGOTIATE AND AWARD A CONTRACT WITH THE FIRM OF CHIANG, PATEL, AND YERBY (CP&Y) TO PERFORM THE NECESSARY ENGINEERING SERVICES TO DESIGN CELL 5 AND PRODUCE THE PLANS AND SPECIFICATIONS NECESSARY TO BE ABLE TO GO OUT FOR BIDS TO CONSTRUCT CELL 5 OF THE DEL RIO MUNICIPAL SOLID WASTE LANDFILL PERMIT NO MSW 207A Councilmember Luna moved to approve Resolution No. R: 2010-124. Councilmember Contreras seconded the motion. MOTION PASSED NOTE: After discussion and a request by Mayor Roberto Fernandez to separate the negotiation and award process in the above ordinance, Councilmember Luna moved to amend Resolution R:2010-124 to read just "to negotiate" the contract and strike the word "and award." Councilmember Contreras offered and amended second MOTION PASSED The vote was 6-0. The vote to amend was 6-0. Ayes: Mayor Roberto Fernandez, Councilmembers Zepeda, Martinez, Wrob, Contreras and Luna Nays: None Mayor Roberto Fernandez asked about the cost. Bob Parker, City Engineer said they would have to prepare a scope and fee. Mayor Roberto Fernandez confirmed with Mr. Parker that the Council would get to award the contract. Mr. Parker said the current ordinance above states both negotiate and award. Mayor roberto Fernandez would appreciate those actions to be separate in the future.

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12.

R: 2010-125 A Resolution By The City Council Of The City Of Del Rio, Texas Authorizing The Acting City Manager To Advertise For Bids To Obtain A Contract To Repair The Roof On Several City Buildings The heading of the Resolution was read as follows: A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DEL RIO, TEXAS AUTHORIZING THE ACTING CITY MANAGER TO ADVERTISE FOR BIDS TO OBTAIN A CONTRACT TO REPAIR THE ROOF ON SEVERAL CITY BUILDINGS Councilmember Martinez moved to approve Resolution No. R:2010-125. Councilmember Zepeda seconded the motion. MOTION PASSED NOTE: All agreed to amend ordinance to say "sealed proposals" instead of bids. The vote was 6-0. Ayes: Mayor Roberto Fernandez, Councilmembers Zepeda, Martinez, Wrob, Contreras and Luna Nays: None Councilmember Wrob mentioned the plans to build a City Hall and did not think that the City should invest money in the current building. Acting City Manager, Robert Eads, advised that the timeline for the new building is three years and feels there is an urgent need to make repairs due to rains, equipment damage, flooring, walls and mold. Anthony Rodriguez gave an estimate for the current City Hall building as $74,698. Councilmember Wrob asked about a pitched roof on the current building. Anthony Rodriguez handed out information, backing up the $74,698 figure. Mr. Eads advised that the $74,698 would provide repair for long term sustainability (with a 20 year warranty) against leaks. Mayor Fernandez shared Councilmember Wrob's concern and voiced his acknowledgement that the City needs a new City Hall but is not sure they can afford it and the City should look toward repairing what they have. The Mayor made a recommendation to advertise for sealed proposals and not bids. Bob Parker, City Engineer, asked that Council refer to C.R. 3b and add the Annex to the Background section of the ordinance summary. Mayor Roberto Fernandez recommended that the sealed proposals be bundled in such a way to give the City the option to award it to one single vendor i.e. project A, B, C, D, etc. for a certain price. Or, you could ask for all the flat roofs or all metal roofs, so when you get to the awarding process you may find it cheaper to award to two or three vendors. It gives more options on how to award. Some people are better at flat roofs and some better at metal roofs. The City has more options when you bundle them accordingly.

13.

R: 2010-126 A Resolution By The City Council Of The City Of Del Rio, Texas In Support Of The Desired Future Conditions That Are About To Be Set By The Groundwater Conservation Districts Of Groundwater Management Area 7 Of The State of Texas

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The heading of the Resolution was read as follows: A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DEL RIO, TEXAS IN SUPPORT OF THE DESIRED FUTURE CONDITIONS THAT ARE ABOUT TO BE SET BY THE GROUNDWATER CONSERVATION DISTRICTS OF GROUNDWATER MANAGEMENT AREA 7 OF THE STATE OF TEXAS Councilmember Wrob moved to approve Resolution No. R: 2010-126 with an amendment to in Item 1. change 4 feet to read 2 feet. Councilmember Luna seconded the motion. MOTION PASSED The vote was 6-0. Ayes: Mayor Roberto Fernandez, Councilmembers Zepeda, Martinez, Wrob, Contreras and Luna Nays: None Councilmember Wrob advised that the State has mandated that all of the groundwater conservation districts be divided into groups called Groundwater Management Areas. Del Rio is in Groundwater Management Area 7 and we do not have a groundwater conservation district in Val Verde County so the other districts are deciding for us. They have proposed that over the next 50 years they would allow us a two foot draw down of our aquifer. After speaking with Dr. Greene, Bob Parker and Mr. Simpton, we are all in agreement that the two foot is a pretty nominal draw down and should leave our springs in good shape and would like to support them on this issue. This does not mean that they will do exactly this but it is what they are proposing. Councilmember Wrob asked to attend a meeting of the Groundwater Management Area 7 on this upcoming Thursday and present the Resolution so they are aware of our support on the issue. Mayor Roberto Fernandez agreed with Councilmember Wrob. 14. R: 2010-127 A Resolution Of The City Council Of The City of Del Rio, Texas Authorizing And Directing The Acting City Manager To Sign Application For Fiscal Year 2011 Grant Application Part I For Transit Providers And Service Agencies With The Texas Department Of Transportation The heading of the Resolution was read as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL RIO, TEXAS AUTHORIZING AND DIRECTING THE ACTING CITY MANAGER TO SIGN APPLICATION FOR FISCAL YEAR 2011 GRANT APPLICATION PART I FOR TRANSIT PROVIDERS AND SERVICE AGENCIES WITH THE TEXAS DEPARTMENT OF TRANSPORTATION

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Councilmember Luna moved to approve Resolution No. R: 2010-127. Councilmember Zepeda seconded the motion. MOTION PASSED The vote was 6-0. Ayes: Mayor Roberto Fernandez, Councilmembers Zepeda, Martinez, Wrob, Contreras and Luna Nays: None 15. R: 2010-128 A Resolution By The City Council Of The City Of Del Rio, Texas Authorizing And Directing The Acting City manager To Negotiate and Execute A Professional Engineering/Architectural Services Contract With The Firm of Naismith Engineering, Inc. For The Studies, Plans and Specifications For The Construction Of The City's New Emergency Operations Center The heading of the Resolution was read as follows: A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DEL RIO, TEXAS AUTHORIZING AND DIRECTING THE ACTING CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL ENGINEERING ARCHITECTURAL SERVICES CONTRACT WITH THE FIRM OF NAISMITH ENGINEERING, INC. FOR THE STUDIES, PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE CITY'S NEW EMERGENCY OPERATIONS CENTER Councilmember Martinez moved to approve Resolution Councilmember Luna seconded the motion. MOTION PASSED No. R: 2010-128.

NOTE: Resolution was amended to say "negotiate" and delete "and execute". All were in favor. The vote was 6-0. Ayes: Mayor Roberto Fernandez, Councilmembers Zepeda, Martinez, Arreola, Wrob, Contreras and Luna Nays: None Councilmember Wrob asked if the company knows what the City budget restrictions are. He was concerned about the matter being open to a company to charge unlimited fees. Bob Parker, City Engineer usually consultants do not know what the budget is. In this case, they do because part of this is a grant plus the City's portion. This totals to a budget of $625,000. The staff regulates what they build. Mayor Fernandez asked how the City decided on this firm. Bob Parker advised that engineering received Council approval to advertise for RFQ's, gave a certain amount time to respond. The packets were reviewed by a Committee which includes one Council member and other persons whose jobs with the City are in line with that particular project. Each committee person evaluates with a separate score sheet and without conversation. They are submitted to the Project

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Manager who compiles them and they meet as a group and review the scores. Normally there is one firm above the others and this was the case here. Councilmember Contreras asked if there were any City owned buildings that might be able to house this EOC. Bob Parker thought that the grant would allow only construction and consulted John Sheedy who thought it did allow for renovation. John Sheedy said various options have been discussed. Bob Parker was referring to the old airport terminal building and John Sheedy said that it is in bad shape and it is not a good call to attempt renovation of if for an EOC. Councilmember Contreras asked what the City's portion of the grant was. John Sheedy said it is 25% of $500,000 = $125,000. OTHER BUSINESS (ACTION MAY BE TAKEN ON THESE MATTERS) 16. Unaudited Financial Statement for May 2010 Councilmember Wrob questioned the gas fund as of the end of May at 67%. Manuel Chavez, Finance Director said it will be addressed in the Budget Amendment. He also asked if we anticipated further decreases in bridge traffic. Mr. Chavez said it continues to decrease and there will probably be another $100,000 we will have to look at. Mayor Fernandez said the General Fund for the end of May showed a deficit of $1,200,000. The gas fund is showing a deficit of $231,000, the bridge fund has problems, the airport fund is showing $31,000 deficit, the refuse fund $78,000 deficit, wastewater $1,000,000. He is concerned about expenditures exceeding revenues. Manuel Chavez advised that the Council should look at year to date actual plus year to date encumbrances and that gives where the City is at May 31st 2010. Mayor Roberto Fernandez said the City is still showing $76,000 in the red for May. He reiterated that unless our revenue column is going to increase, we are going to have a deficit when we look at the rest of the months remaining in the budget year. Unless there is unprojected revenue, that is scheduled to come in, there will be a problem balancing the budget. Manuel Chavez referred to the amended budget where it shows budgeted at $920,000 to come from fund balance. He referred to the year to date actual column plus the year to date encumbrance there is $250,000 at this point is coming from fund balance. It does look like you are operating without revenue coming in but at least what we had projected, or through amendment, we do project that $920,000 is coming from fund balance. Mayor Roberto Fernandez voiced concern over the total revenues at the amended budget was $15,000,000 but the total expenditures are $20,000,000. We have already transferred in $4,000,000, so we will have to continue to transfer in to be able to balance that, and that is alarming at this stage of the budget year. The Mayor stated that projects like new city hall buildings and the like might have to be placed on hold, just to appropriately budget each department. It appears that we have been reducing allocations to the departments in trying to balance the budget but we are reducing the funds for us to be able to provide services to the citizens. This is a problem with all departments in the City, not having appropriate supplies and materials to do their jobs. The transfer in of $4,100,000 and still a deficit of $76,000 is alarming. The Mayor did not know of a

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solution but felt that supplies and materials cannot continue to be taken from the departments. Robert Eads, Acting City Manager, acknowledged the fact that the City has many challenges but feels they are not insurmountable. There is another budget amendment, the final budget to close out the year. The key time when we will be solving a lot of these problems and bringing up these issues is during the upcoming budget workshops coming up August 5th and August 17th. Mayor Fernandez mentioned improving the CO's. They are supposed to bring it back to us, but he expressed a problem with borrowing money for consumables such as furniture and trucks etc. He asked the financial advisor to take a look at the MNO and INS to see if we could take $.01 from INS put it over on the MNO to purchase those consumables and still try to maintain the same tax rate. It is a deficit budget right now any way you look at it. Robert Eads mentioned again the transfer ins and the large dollar amounts. He and Manuel Chavez have been working diligently on next year's budget and the current financial status. They plan to present procedures and comparisons to other communities and should shed light on where to lay a new foundation to move forward with. Items 17, 23, 24, 25 and 27 were combined. Item 26 was scratched. 17. 23. 24. 25. 27. Request Approval for Travel For Councilperson Al Arreola to Attend an Orientation in Austin, Texas Regarding Newly Elected Officials Request Approval for Travel For Councilperson Fred Contreras to Attend an Orientation in Austin, Texas Regarding Newly Elected Officials Request Approval for Travel For Councilperson Tina Martinez to Attend a Meeting at the Texas Department of Housing and Community Affairs in Austin, Texas Request Approval for Travel For Mayor Roberto Fernandez to Attend an Orientation in Austin, Texas Regarding Newly Elected Officials Request Approval for Travel For Councilperson Mary Ann Zepeda to Attend a Meeting at the Texas Department of Housing and Community Affairs in Austin, Texas Councilmember Wrob moved for approval of all travel expenses. Contreras seconded the motion. MOTION PASSED Councilmember

The vote was 6-0. Ayes: Mayor Roberto Fernandez, Councilmembers Zepeda, Martinez, Wrob, Contreras and Luna Nays: None 18. Distribution of the Fiscal Year 2010-2011 Proposed Budget Books - Manuel Chavez, Finance Director

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Manuel Chavez, Finance Director advised that a Budget Workshop is scheduled for August 5th. At the workshop the M&Ofunds and I&S funds will be discussed as well as the tax collector providing the certified values along with effective tax rates. At the August 17th Budget Workshop, General Fund, Special Revenue Funds and Capitol Projects. The time was set at 6:00pm for the workshops. 19. Appointment of Council Designee to Calculate Effective and Rollback Tax Rate Manuel Chavez, Finance Director Councilmember Luna moved for approval of Frederico Reyes as the Council Designee. Councilmember Martinez seconded the motion. MOTION PASSED The vote was 6-0. Ayes: Mayor Roberto Fernandez, Councilmembers Zepeda, Martinez, Wrob, Contreras and Luna Nays: None 20. Discuss Desired Qualifications for the City of Del Rio City Manager Position Mary Rodriguez, Human Resources Director passed out Council approved job description for the 2007 City Manager selection. She explained that this is the document needed to begin the process of advertising and seeking a City Manager. Robert Eads, Acting City Manager asked Council to provide comments on the document content and suggest any additions or changes. Mary Rodriguez, Human Resources Director stated that recently they reformatted the job description to include more information. Her recommended changes are written in red on the hand out. Some of the most important items consist of a deadline, how long to post the position, and qualifications of the candidate. The 2007 selection took five months. The last Council selected a committee in April of 2007 to review applications. There was not a committee selected to review and/or make changes to the job description. Councilmember Wrob said that there were initial interviews and once there were finalists, the Council as a whole interviewed them. The initial committee was former Mayor Efrain Valdez, former City Councilpersons Claudio Sotelo and Pat Cole. They did initial screening and two final candidates were selected for interviews in June. Mayor Roberto Fernandez asked if a committee should be formed regarding job description and he asked if a salary range is part of the description. Ms. Rodriguez is negotiable. Councilperson Wrob asked Ms. Rodriguez to bring to the next Council meeting some salary figures comparable to other communities of the same size. Mayor Fernandez asked if the Council wanted to set up a committee to come up with a package to present a complete package to the Council for approval for advertising or just assign the personnel department to work on the package for Council. Mayor Fernandez desired to use some ideas presented by Robert Eads about community information to include in the advertising. Ms. Rodriguez is working on a flyer type mail-out going to many Texas

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cities with information on our community. Councilmember Wrob said he felt Ms. Rodriguez has a good handle on it and is comfortable with her bringing back an ad and proposal for the next meeting. The Mayor asked for her to submit her information prior to the next meeting so Council members could study it. 21. Discussion of Draft Landscape Ordinance - Janice Pokrant, City Planner Janice Pokrant, City Planner is requesting that for convenience, the Landscape Ordinance move from Chapter 30 to Chapter 8 which will be under Buildings and Building Regulations. Since the Chief Building Official regulates this ordinance, it is the perfect place for it. She is also requesting in the ordinance, the use of drought tolerant vegetation. A list of drought tolerance species will be attached to the ordinance. Disregard mesquite trees on the list as both committees recommended removing it. The list is used by Laughlin for architects on the base. She is encouraging use of existing vegetation on each lot and the preservation of existing trees six inches in diameter and greater. Also there will be requirements of rain sensors on all inground sprinklers. Councilmember Wrob asked what kind of cost is involved with the sensors and Ms. Pokrant advised they run about $35 and up. This would be on new residential and commercial. Mayor Fernandez confirmed that current systems are grandfathered in. He also asked who assists Ms. Pokrant with this and has it been shared with developers. Ms. Pokrant advised that there are two committees reviewing ordinances - one is the technical committee comprised of technical staff members and the second is a policy committee comprised of community members i.e. developers and real estate agents. They have had strong consensus on the new ordinance. Councilmember Contreras asked if there was any way to compel those with existing faulty sprinkler systems to install the sensors. Ms. Pokrant said it might be covered by the Council enacting improvements to the water conservation ordinance. Councilmember Contreras asked about trees that need removing. Ms. Pokrant suggested replanting. If it needs to be taken down, the same diameter trees should be planted on that site. 21. Discussion of Sidewalks for New Residential Subdivisions - Janice Pokrant, City Planner Sidewalks is part of the subdivision ordinance which the policy and technical committees are both reviewing right now. One of the items is the sidewalks and there is no consensus on this issue. Because sidewalks determine how much right-of-way is needed for a street, we wanted direction from Council. Ms. Pokrant showed different options. The Marketing Director put a poll on the website for sidewalks from May 21st to May 30th and again June 3rd to June 30th. The results were 412 votes. Out of those, 322 people, 78% wanted sidewalks. The question was asked if they would support a property tax levy to cover 75% of the cost associated with the design and installation of sidewalks. 166 votes were cast and 94 voted in favor. When asked for location, 187 votes were cast and 132 lived on the North side and 55 live on the South side. The technical committee recommends sidewalks on both sides of the street on all main residential streets. Councilperson Wrob referred to the attachments and asked what percentage of the policy

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committee wants Option 1 - Ms. Pokrant said there were just a few that did not. He also asked what similar towns have done. Ms. Pokrant said similar towns are having sidewalks on both sides of the streets on residential streets and all commercial as well which is for new construction. Existing sidewalks improvements would have to come through grant, i.e. Safe Routes to School Grant. EXECUTIVE SESSION (ACTION MAY BE TAKEN ON THESE MATTERS) Mayor Roberto Fernandez called the Council into Executive Session at 8:00 p.m. 28. Attorney/Client Consultation To Discuss Pending Litigation in Cause No. 26294 Filed in the 83rd Judicial District Court of Val Verde County, Texas and Styled City of Del Rio, Texas vs. CH2M Hill, Inc.; Camp, Dresser & McKee, Inc.; and MW Builders of Texas, Inc. vs. Infilco Degremont, Inc., formerly d/b/a Ondeo Degremont, Inc. Attorney/Client Consultation To Discuss Pending Litigation in Cause No. 24424 filed in the 83rd Judicial District Court of Val Verde County, Texas and styled Clayton Sam Colt Hamilton Trust v. City of Del Rio

29.

30. Adjournment Councilmember Luna moved to adjourn. Councilmember Zepeda seconded the motion. MOTION PASSED The vote was 6-0. Ayes: Mayor Roberto Fernandez, Councilmembers Zepeda, Martinez, Wrob, Contreras and Luna Nays: None There was no further business to come before the Council and the Mayor adjourned the meeting at 9:20 a.m., July 27, 2010.

________________________ Roberto Fernandez, Mayor ____________________________ Susan Corp, City Secretary

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