City Council - Regular Meeting

family. Please follow the city of Edinburg and the Edinburgh Chamber of Commerce on social media for updates. Just a friendly reminder though, street closures will begin on Friday at 5:30 p.m. Uh, also we would like to um next would be the invite the community to the Blue Santa. The Edinburgh Police Department will host its annual Blue Santa toy giveaway on Friday, December 12th at the Prominade Park Amphitheater located at 2011 West McIntyre Street. Uh beginning at 6:00 p.m. Uh the Edinburg children up to the age of 12 will be given a toy on a first come first- serve basis while supplies last. Uh 40 bicycles will be given away as well. Uh families can enjoy a full evening of holiday festivities including pictures with Blue Santa and Mrs. Claus. The event will also feature carolers, uh, food vendors, and a free screening of the Christmas movie Elf at the amphitheater. For more information, residents may contact the police department COP division at 956 318824. And last, we do have the Deck the House. Uh, Parks and Recreation is accepting registrations for their Deck the House holiday decorating competition. The deadline to register is Friday, December the 12th at 700 p.m. Winners will be announced Friday, December the 19th. And participants will compete in five categories: brightest lights, most elegant, most creative, most traditional, and best overall. For registration information, residents may contact Anthony Davila at Parks and Recreation at 956381-5631. That is all I have, Mayor.

All right. Thank you very much. Uh, next item is public comments.

Yes, mayor. Good evening everyone. The Edinburgh city council allows for a specific portion of the city council meeting to be dedicated to public comments. Public comments are limited three minutes. I'll be taking time. Please note the public comment is not interactive and the council not will not respond to public comments. At this time, council, there are two public comments. The first public comment is Miss Fclarity regarding taxpayers money. Well, council members, have you missed my downto- earthth comments? Sorry I wasn't here at the last meeting. It does not seem that our new mayor has changed things. The commission voted unanimously to support the existing members of the appraisal district. This means that the people of Edinburgh will continue to face growing property values. The decisions you are making result in the taking of more money from a population that has not seen a salary increase in many years. Yet every 12 months, this council explains that the city needs more money to operate like a business. The city is not a business. It is a provider of public service for the community. The most important is public service provided is public safety. If we are not safe, nothing else matters. The difference is important because public service requires an identifiable benefit. This council has voted to give $7 million to the University of Texas for health service, $10 million to DHR to create 300 new jobs. It is giving the Economic Development Corporation about $15 million a year. And yet we have to go out and sell bonds to get more money to give away. Nobody seems to ask how much can a population with 25% of its members living in poverty pay in taxes.

The people do not get a 67% increase in their salaries. More money from the people means that less to let they have less to grow and prosper. It means they must submit property value protest each and every year. In 2025, 60,000 property protests were submitted. Can anyone remember a public action that has been approved by so many? In 2023, the number was 90,000. The November election increased the homestead exemption and thereby increasing the tax value of most other properties. The tax value of property is a madeup number intended to offset expenditures by electing officials. Did you know that the city pays about $8 million a year in interest on bonds? Don't sell bonds until the project is ready for construction. When bonds are sold, create an a aggre aggressive repayment plan and when they are paid off, reduce our taxes. The problem will be solved when people start voting. And we are working on that. And it's good to be back. And I have some of these in case you would like them. It says no, which y'all don't know that word. No means no. No more taxes. So when y'all are spending things and it looks so wonderful, try to remember that it's costing the people that are standing in line trying to pay for food right now at Christmas time. Thank you.

Miss McCclary also has questions on items 7E, 8B, 8 C, 11 C, and 11 D. Um, I also have Mr. Abraham Mahia Jr. Um, he wants he's available for any comments on item 7A. The next public comment is Oed Mononttoya. Can I uh stop you just for a second? Uh Fern, would you like to come up on those items? You do have five minutes. I'm sorry.

That you will answer them or someone in the the the deal. Uh the first one is on the bars. Can you hand them the pictures, Richard? Uh, I believe the Mac Allen mayor is having trouble with the with the drunk uh driving and the underage drinking. And tonight y'all are looking for 7E to open a bar, if you want to call it that. It is um I wasn't quite ready. Over there on I call it uh Citrus Park where the swimming pool is that uh the kids go to. We have across the street a stadium that um uh has kids I think on Thursday night, Friday, and Saturday football games. And someone wants to propose uh they're going to open up a uh something from Monday through Sunday from 10:00 a.m. to 12:00 a.m. Staff using or talking about a consumption on premise uh uh for beverages. I'm sorry. Why is the city getting into a bar area? Especially, can't y'all see that Mac Allen's got a problem with that area? And I don't believe the city owns one of those buildings. They're owned by individuals. So, my question with y'all is how can you put something or allow something to be right there where the children are. You have the thing down the street that is um the Vipers, which I think is a basketball thing the kids come to. There's children all the way around that. and y'all want to start up a bar. All right, the next one was number 8B. Why? And I'm wondering on this property that uh they're coming to build homes and everything, 10 and some odd uh 36 single uh homes on it, and they don't want to pave or give

the right away uh as much as the city ordinance say. I believe the city ordinance says 120 uh for maximum or width or whatever and the minimum width is 81 and we've got someone coming tonight that's asking to drop it down to I think it's 60 or something. So again uh later on if the polls ever have to be moved it's going to cost the taxpayers well they're the ones that's making the money on the homes that are being built there. The next one, which is 8C, there's 107 single homes. Again, the same thing. They don't want to pave it out in the front. They don't want to abide by the rules and things that y'all have set up. The other one is 11C. This one is I'm hoping that it is a a red light that's going in on Chapen and I call it 10th Street, Trooper Road, because that is a dangerous area right there. But I'm not sure. So, the engineer wasn't here so I could ask. And 11D is the one that floors me. The county took out 11 tanks when they bought that property uh from Pettz's uh service station. Now, I find out there's four more. So, again, taxpayers are caught. So, I hope you have someone explain these when it comes up. Thank you. The next public comment is OE Mononttoya or Mark. Congratulations uh for your second meeting uh uh anyhow. Uh the last time I saw you, you were eight years old. We were drinking uh with your grandma apple martinis up there at the Stone

Ridge. Congratulations again, man. Doing good. Um, I hope you do better than your dad. So, doing okay. I know uh all the city council members here are uh trying to do their best. Jerry, Dan, congratulations. the victory and David Zazar, I'm looking forward to you improving 10th Avenue and Jason, good luck, Omar. Hook them horns. Okay, God bless you, your mom and dad. Bye-bye. There. No further comments, mayor.

Okay. Uh, with no further comments, we'll move on to item 7A. Um, uh, what I propose we'll do is we'll go ahead and open up a public hearing on all of the items, uh, A through E. Uh, we'll take comments on A through E. If there is anybody here who would like to speak on any of those items

again, can you explain on this one because this is about the uh the kids and things, excuse me, on your books and things there. Uh that were concerned and I got some calls from some parents and I did look up the backup that you have and there were two. One was in Spanish so I couldn't read it but I think they were against it. And another gentleman or person says area is part of parks and recreational construction for family and children not for a bar and grill or whatever. So it's not just me. And then there were people that were contacting me because there are children that are near around this building. You've got the swimming pool at South Park, all that area. And I believe we just built some more water splashy things that are there. We've got the library that's right there. The kids come and go. I don't know how many are watching, but they're talking about 10:00 a.m. to 12 a.m. Uh that if they're going to be drinking that length of time, I guess Oh, one good thing is the police station's right there. I guess they can walk them right to the jail.

If I could say a few words. We're talking about the activities. Uh just real quick, if you could state your name for the record and which item you're here to talk about. Yes. Uh mayor and council, my name is Lata. I'm the director of library and cultural arts. And um it's on site item 7E.

It's on 7E and the the building in question is the activity center which is located on Palm Drive. It is already it's been for many years, probably over 40 years, has been an activity center that is used for private events that is rented out. the the um hours are from 10:00 am to 12 midnight and and uh right now it's rented out for kinetas weddings and and there is no um since it's a private events that you know there's no control of of alcohol being served like they could come and put bottles on the tables and we really don't know how um much alcohol is being consumed at at those parties right because they're private events. So, by doing this, by the Edinburgh Gards Foundation uh getting out a permit, we we're going to have better control of the situation. There will be licensed bartenders that will ensure that like Miss Fern said, we number one u things that we're looking for is safety and uh and service to the community. The activity center has provided excellent services because it's an affordable place where people can come and celebrate their special moments in lives like I said weddings and kinettas but they can also do it safely and securely by having these uh licensed bartenders that are going to have a a license a permitted license from TABC to be able to sell this alcohol because number one things in Edinburgh we definitely want to make sure that our youth and our people are are being safe and definitely We we want to make sure and by having this we will ensure that and and yes it is within that area but it's been there for many many years.

Correct. So my name is Augustine Losano. I am the Edinburgh Arts Foundation treasurer and I want to say one thing. It's all for the community and the Edinburgh Arts Foundation will have control and abide by the laws and we need entertainment but it's going to be controlled by the Edinburgh Arts Foundation. Thank you. Yes. Great. Um, so because it's a public hearing, the city council can ask questions. Correct. And just just for the record, uh, any any uh city management can answer this. Anyone that rents that as a venue, they do have to hire Edenberg PDS staff as security at the correct. That is correct. All right. So, my understanding this is not to open a a bar.

No, definitely not. this just to make sure that we have a controlled situation and it's better controlled and the second benefit is because since the Edinburgh Arch Foundation is going to be overseeing it all the funds 100% of the funds that the Edinburgh Arch Foundation makes is going to benefits of our community through the arts and culture. Uh and currently there are there are no licensed bartenders, right? Uh if there's a community event, if the activity center is rented, is there any control over the service of alcohol? No, not at this time. Okay.

Yeah, it basically turns into Bob OB for anybody that rents there. So, no limits. You can bring whatever you want. Um no checking of minors, nothing of that sort. Thank you. Any further questions? Yes, ma'am. Oh, yes. By by abiding to the TABC laws, you'll have to make sure not to overserve anyone. Make sure that they're of age. Yes. And police will always be their president and it becomes a fundraising. Currently, if someone were to rent out a frankinc, they can bring an ice chest with beer is kind. So, this way you're going to be selling it to them. Yes, we will have control the selling of the alcohol by licensed uh bartenders.

Correct. And just just to verify once there's a license there, then it then you cannot bring alcohol in. You have to purchase it there. Right. Correct. Thank you. Thank you. Thank you. Thank you so much. Thank you. Any other questions on that? Fern.

Come on. Come on up to the microphone. Just make sure that everybody can hear you. If you deny the permit, then there's no drinking as far as And like I said, don't y'all have a picture of the car that it showed in Mac Allen that I put over there? That's underage. Actually, it's the other way around. without the license, anybody can drink anything.

Well, the thing is over the years, but the city owns this deal and to me it looks like that the city is opening a bar. We're going to have bartenders or whatever you called them just now, but it doesn't matter is drinking just like they have at the bars in Macallen. Each one of those owner, bartender, whatever, but these kids are getting the booze underage, turning the car over and killing an Edinburg student or young man. And our thing is, why are we participating in something and the city's going to be liable because they're going to come after each one of us. Uh the taxpayers are going to have to pay for it because you voted to open this up to the to the public. And like I said, they're so proud of having bartenders or whatever, but they're obviously not checking them in Mac Allen. And the mayor of Mac Allen is having a fit now. Do you want to be in the same place? That was the the question that I had and the other people that had called me, their parents and they don't want to have to go on the news media and everything and try to get some more help from the state. The law states that you cannot drink underage, but obviously that doesn't it doesn't happen. They they do get it and they get killed. So that was the only thing I was asking is that this looks bad on a city property.

Thank you, Mayor. Can I say something? Uh um go ahead. That's fine. Okay. Just just so you know, Fern, I mean, this is just establishing some kind of a rule and order. Um today, we have this in our amphitheater. We have our concerts. It's similar to the same situation. We actually have people who are checking IDs and this is just establishing something because right now it's basically anybody can go in there and bring their own ice chest in, their own bottles in for a kineta, for a wedding, whatever event it is. This is just establishing an order and a rule.

And the place that you're talking about is not right where the kids are, but not with the stadium, not with the swimming pool, not with the Vipers, what a basketball thing, which is right there. So that was my concern. Have it over here. That's great. But not where the kids are right there. And especially Monday through Sunday. So Thursday night, Friday night, Saturday night, there's football games over there and that's going to be there. So, it was just concerning about drunk driving and you know, you drink, you drive, you kill someone. Understood. And I think it was clear from the presentation that this has nothing to do with the football stadium, with the parks and recck building or with the swimming pool. It is limited to just the activity center during during a rented event.

And and I Yes. And I want to clarify that it it is not going to be Monday through Sunday. It from 10 to 12. Those are just the hours of operation. If rented, those are the availabilities. But usually during the day it's for set up, you know, uh decorations and things like that. And usually the events are from 8 to 12. And uh so and it's only when it's rented. It's not going to be Monday, I mean Thursday through through Sunday. It's only when it's rented and there'll be better control. Thank you. Okay. Okay, the public hearing is still open for other items if anybody would like to come up and speak on either item E or any others.

Good afternoon, Mayor and Council. Maron Gara with the Melton and Hun Engineers. Uh we're here to speak on item 8B, uh reszoning for 1014 West Wisconsin Road. Uh 7B is it 7B? Sorry.

Okay, no problem. Um, so I just wanted to kind of introduce part of the the ownership group that uh that owns the lot and give a a brief explanation and then let them speak uh quickly. Uh the site as you know is a a 5acre lot. Uh they are looking at reszoning it. Currently it is zoned a commercial neighborhood. uh they're looking to reszone it to commercial general after conversations with planning staff uh director Mosedo and and assistant director Rita Guerrero uh based off of the use that they're proposing right uh what their the site plan that they have what they're intending to do um but I'll go ahead and let them give a little bit more of the history and then their intentions for the for the site

good evening thank you all very much for your attention name is Raf Rodriguez and uh I'm Jesse and I Jesse lives here in Edinburg. I used to live in Edinburg on McKe Road. Love that place right behind the golf course. It was awesome. Uh anyway, um we've owned STC Alliance Construction since 2002 and have been at this location, uh operating our construction company since 2004 approximately. Um and so we had the good fortune that a good friend of ours Javier Ramos uh asked to join us and and really is is buying our company and he owns Tatco Roofing. Uh currently Tatco Roofing is uh operating out of FAR on AASA road and so he thinks that this property would be a a fantastic property to come and and and bring the people uh the operation from far and put it here at this location. Now currently we have approximately 50 employees at STC Alliance Construction and the operation in uh in FAR Tactco Roofing has about 150 employees and he wants to bring everybody here and house them. So currently uh as I don't know if you all have pictures but probably you've seen pictures of the of the current um property and the house and and the warehouse. So to employ or to put to house uh the employees, the office staff, we're going to need to build uh another office, right? So that's what we're hoping to be able to do. The operation is basically going to stay the same. We're not going to manufacture, distribute any of that stuff. Uh it's going to continue to operate the same. Uh TCO, it does roofing, mostly commercial projects. We do waterproofing, mostly commercial projects. And those two items kind of go in the same. So, we keep the water out of the walls and the roofing company

keeps the water from the top. So, this kind of became a really good fit for us. And, uh, you know, we're really excited about being able for the opportunity of being able to bring all these employees into Edinburg. Uh, and we hope that you all can see that with us, too. So, I don't know if Jesse wants to say something.

Good afternoon, guys. Good evening. Um, you know, Taco's been in business for over 20 years and we're excited for Edinburg putting Edinburg in the maps and we've been in uh in um in business and we've bring we brought uh we've done the Vaker Stadium. We've done the Edinburg uh now the new building that you guys have right we've been a part of that we've been a part of a lot of businesses and as ideas um high schools uh we work together with UTRGB bringing economic development together and uh we feel that this is the best uh unison to work together with SEC and bringing this building into a modernized building and we're excited for bringing any in the map and and hopefully we can uh proceed. Okay. Any other um public hearing is still open on items A through E. Any other comments on public hearing items? All right. Hearing none. Seeing none, we will close the public hearing. Uh at this point, council, we can take a motion uh either regarding all items A through E or certain items or one at a time. It's at the council's pleasure. Is there a motion?

I'll make a motion to approve. Well, to approve A through E. Motion to approve items A through E. Yes. Uh, is there a second? Second. Okay. Motion and a second. Any discussion? Well, on Quick question, just on item B, if we do the motion to approve and all that on here, it shows deny. Does that mean it's approving the deny or is it approving? No, it's approving the request for the reasonzoning. Okay. So, it is so the the the motion is an affirmative motion. So, it would be to approve the reasoning request.

Yes, that's what I want to make sure that that's why I said approve. That's why I want to make sure that Okay. Okay. Okay. Then I'll second it. Well, it's already been seconded. So, the discussion any other further discussion on the motion and the motion was to approve items A through E. Hearing no discussion. Is there any objection to the motion? Hearing no objection. It's adopted unanimously. Uh we'll move on to item 8A. Congratulations. Secretary could read item 8A please.

Yes ma'am. Consider various requests to the city's unified development code article 4 section 4.204 buffer arts table 4.204-1. But for your classifications for the Woodlands at Jackson subdivision as described located at 1802 North Jackson Road as requested by Marco Santanz. Uh is there a motion on item 8A? Motion approve. Second. Okay. Uh motion and a second. Um is there any discussion from the council? Yes. Yes. Go ahead.

Okay. So, I understand that this is the the normal code calls for a six-foot buffer of of various right mason fence and to the south side is where the elevation is a little lower. So, they're proposing a three-foot mason with the rest cedar fences. That correct? That's correct, Councilman. Um my question is that if you follow code there's no need for the fence if you did six six feet. So can you tell me why the addition and the and the the raised fence?

That's correct. Hasello planning and zoning director for the record. Um if he were to do a sixoot masonry fence he would be meeting code. U but he's he's proposing a 9 foot uh to provide a little bit of privacy to his tenants and to the ones next door. There are some properties have swimming pools on the on the south side. So, if he just does a six feet fence, um the people on his property could oversee potentially the backyards of those other property owners to the south. So, that's why he's proposing to go a little bit higher. Uh but instead of doing all masonry all the way up, uh it's a it's a it's a larger expense going that route. He's proposing a hybrid with masonry and cedar fence to take on the extra expense.

Correct. Um, just to be clear, the requirement in the UDC is six feet, correct? On the masonry. On masonry. Um, and the the purpose for the masonry wall is uh drainage. Is that correct? No, the purpose um is to have a buffer between a multif family establishment and a single family setting. Uh we require a solid masonary buffer to provide some noise deflection. Mhm. Uh in this case, however, uh it's a it's a dual purpose because we want to keep the water off of the residence on the southside. So, um we wouldn't allow a a cedar fence there because I mean the water would seep right through it, right?

So, um we want the masonary buffer still to be in place. Um and his request is to do 3 ft of of of masonry and the rest cedar. And that's also because that the new development is going to have a higher elevation than the neighbors to to their south. Correct. He wants to do a 9 foot. And by doing it 9 ft, does that equal out the fence all the way around. Is there a three-foot drop on the south side or is he mainly mostly doing it for the privacy of of both developments or he's he's No, I mean he's he wants to have that additional three feet to have privacy for the residents on both sides. Okay. So any questions I had?

Right. So it's for I guess the privacy purposes, but I mean what's the u I mean the the aesthetic I guess ending of this, right? Is a three-foot masonry wall and then a six foot cedar on top of the masonry wall. It could be the other way around. If if the council wants to do six feet of masonry and 3 ft of cedar, we could go that route. But his request is to have it this way. 3 ft and six feet, right? And then but but he could also do 9 ft of masonry. Correct. Do 9 ft of masonry. Correct. No, six feet is the [clears throat] UDC. So he could do six if he wanted to. He could just do six and nothing at all. Correct. But if he if he wanted that additional footage for privacy reasons, he could do he can do nine of masonry so that uniform in its appearance.

Yes. Correct. Okay. Yeah. I mean, you know, we have these rules in the UDC for a purpose. Um, and if the six feet of masonry uh meets those rules, uh, then to me it's pretty straightforward, right? that that's what should be required

and and I uh I commend the the developer because he didn't have to do the extra 3 ft and I understand there's a savings with the three 3T of concrete sixt of cedar. I did notice there are some homes with pools there so I think privacy is a big deal. Um so I'm kind of glad that he's willing to go up six feet and make the entire fence 9 ft. Um, I like the give and take a little. Of course, I I wish it was six and three of six of masonry, but I I don't know. I'm sure that's a bigger cost. Is the applicant here? Yes, the applicant's here in the audience.

Would you like to say anything, sir? You don't have to, but um like I said, we're having a robust discussion here. Thank you for hearing me. Um the reason I do want to do a 9 foot, it's also for safety. I kind of feel with time that nine foot kind of could, you know, fall over. I mean, it is going to be engineer engineered, but I do have a worry about that. Yeah, you bring up a good point. In the notes, it said that there was concern on a 9- FFT masonry wall and and the possible leaning and the and the the settling of the foundation. Uh, is that is that made up or is that a true concern or No, typically I mean we see them all over town. I've seen some on

Monmac nine foot mason. No, just six foot masonries that topple over. Those are probably not done with the proper footings. Uh, in this case, if properly engineered, uh, I think a 9 foot could be

Yeah. And it's not like the fence is loadbearing, right? There's nothing going to be on top of it. I mean, you've got much higher walls than that done of masonry, of brick, of all kinds of material. So, properly built, I don't think the uh structural integrity of it would be an issue, right? I think this really does just come down to the aesthetics of it, right? Having a portion of the fence as masonry and a portion of the fence as cedar um just seems I don't know unsightly. And and does uh another question I have is that fence going to be directly in the backyard of the residences? Yes, I do have a picture of some that I've seen in developments and um I'm not too sure

we included a picture. It was in the back. Yeah. No, I I saw it. Yeah, I saw it. Anything else you'd like to add, sir? Any other questions for the applicant? No. Okay. Thank you, sir.

Um the the other comment I will make um going to to homes that have the the wood or the mason here in the valley, you know how how hot it gets in the summer. I've seen the ones that are all masonry gets very very hot. It it kind of kills the circulation. Um, that's part of the reason why I put a cedar fence so I could have circulation. So, when I saw it, it did look a little different. Um, I kind of wish we had the neighborhood's opinion on either or. Yeah.

Yeah. Just in just in general, right? I mean, I'll just, you know, the public can listen, right, to our discussion. Um, I'm in favor of sticking with rules, right? Rules are there for a reason. um if there's some um purpose um to deviate from that that's you know dealing with health, safety, wellness, I understand that. Um but otherwise, you know, I'm generally not in favor of uh going outside of what the rules call for. Any other discussion

on me on this variance? Was there any notice out to the neighbors? Was there there there was a posted sign where they could uh submit comment and anything of that nature? Yeah. Not on variances. This this was not a public hearing. This was just a subdivision variance request. Thank you. All right. Any other discussion? All right. Hearing no discussion, we have a uh motion to approve and a second. Um all those in favor uh please raise your right hand. All those opposed. All right. Motion passes 3 to two. Uh next item uh 8B. Uh madam secretary if you could read that.

Consider variance request to city unified development code article 5 table 5.203-1 203-1 rightway widths as described located at 1901 West Rogers Road as requested by Melden and Hunt. All right. Is there a motion on this item? I'll make a motion to approve with discussion. Second. All right. There's a motion and a second. So ha on this uh item uh in the past we have allowed developers to widen the road up to the poles. Is that correct? That's correct. Uh we've allowed them to widen as much as they can on the 40 ft of rideway that they're dedicating. Correct.

Uh but the request was to not widen the road and not escro the the fee. So if the developers willing to do that, then we would be okay. Um right do we um uh so in so in this particular instance right the the request is not to widen the road and not to escrow the cost of widening the road. Correct. Correct.

Um I mean Ro Rogers uh is in need of expansion at some point. You know these east west corridors are very important for our city. So someone's going to have to expand it at some point in the future. uh and if we're not requiring developers to do it uh on the spot or we're not requiring them to escrow it, I mean that's going to be up to the taxpayers then to put that bill at some point in the future. Um so these these types of variances, again, I said it earlier, I'll say it again, I'm generally not in favor of varying from these types of requirements unless there's some health, safety, wellness concern. Um but in this particular instance, I don't think we have any any of that. Correct.

Correct. And they uh in talking to the to the engineer of record this afternoon, they did agree to widen it as much as possible. Uh we haven't got anything in writing though. I was going to say that what I heard and I I I know what was in the packet, but in in researching it, I heard that they were willing to widen it uh to the polls. Uh is there are you could you speak on that please? And so what pres what's presented today is not widen it or not escrow. Is that correct?

Right. Uh again, Maronga was noted in Hunt for the record. So the original application was submitted prior to conversations with Mr. Inosa, city engineer, with AVO. Um, and so the original request in with talking with staff while going through the subdivision process was that we didn't see it feasible to widen it or to escrow it, right? Um, after conversations with with, you know, Hosa, we did we did agree the way that uh that y'all were informed uh by Ailla right now and earlier, uh, we will widen it as much as we can. Right. The reason for the request though is because there's uh Magic Valley transmission uh poles that are just outside the pavement area uh on the rightway that we're dedicating. So that's really the reason for the the variance request of not widening because you can't really widen it to what the rightway dictates that it requires. So the rightway for Rogers is an 80 foot rideway by Thoroughare. Uh and so we're dedicating the rightway. We're saying we'll, you know, we'll do the the widening that we can with the curb and gutter and we're still doing the sidewalks behind the transmission poles uh in the rightway that's being dedicated. It's just that within from that 80 foot rightway that's required, you're the ultimate profile that you're supposed to do for a street is a 57 backtoback. We can't accomplish that 57 back to back because of the transmission poles. So that's the the agreement that we have um is that we'll widen it as much as we can. Whether that be uh 8 feet additional, 12 feet additional, whatever the the case may be uh based off of survey and and uh construction plans that we draw up, uh we'll go ahead and provide that. It's just we can't accomplish the ultimate street profile for it. Um and so the reason for the not escrowing it is for that same reason. the remaining funds. Um we don't see either from the developer standpoint or from the city standpoint in any future of relocating those transmission lines. Uh the city has the same issue on on Wisconsin road. Uh you can't really

widen it. It's very costly to relocate those transmission poles. Uh upwards of you know hundreds of thousands of dollars even millions in some cases. Uh and it's multiple poles on on these uh developments. It's not just a single pool and and ju just just well I don't know if I could speak on the next item but it's very similar to this. So Josie my question on my motion uh to approve the variance can it include the language that they will widen the road up to the polls you can because I I'm understanding that the reason for the variance is because they not they cannot follow code because of the of the polls and so when they uh when they presented to staff it was either or.

Can I step in just for a second? So my understanding is is that on a variance request uh we can approve it with conditions. On a reasonzoning request you can't do that. On a variance request you can in fact put conditions on it. That was not the motion though to be clear. Yeah. No. So I want to retract my second on that one. Let's let's let's continue with the discussion. Let's get through it and then whatever we need to do to amend motions, we can do it at that point.

Why don't why don't we just table it and bring us back uh what you want. Yeah. Like exactly what you want. I mean it it would be exactly that really. We'll widen it as much as we can up to the transmission poles uh with the curbon gutter on the our property is on the north side. So with the curb gutter on the north side with the sidewalk on the north side uh as it's called out for. It's just instead of having uh and the sidewalk, right?

Yes. And the sidewalk. Yes. Uh instead of having the ultimate uh profile section that the rightway calls for, we'll do what we can with the transmission poles where they're located. I just honestly I just feel come more comfortable just doing it like having it back in writing all that where there's no hiccups. Oh, you said this and then you all did something that we didn't do and all that. I rather have it writing in like in writing and all that in paper. Yeah, that's the only reason I want to retract my second just because I think if we're going to prove something, I want to prove something that's written on paper,

not just because I understand and I and I get your point too. The the the polls I I know how expensive those are. are can run between two to 200,000 to a million dollars to move those. So, I'm not taking that away, but I think I want to see it in writing on and something like that. Could it be I know as mayor was mentioning doing it as the condition on the approval just so we don't have to come back two weeks or a month later to do the to undo the tableabling of the item. I mean, we'll put it in paper or anything that we need to do. You know, we have to provide the plans to staff. So, yeah. The only the only concern I would have is that we don't have the specific information today to put the conditions. Um correct. So if you're going to recommendation that you would table the item and bring it table the item.

Okay. Well, that's the wish of of council. Well, hold on a second. I think I don't think we're quite done with the discussion just yet because I do want to make a point, right? Which is so you're not saying it's impossible to widen the road. You're saying the poles are in the way and the poles will need to be relocated, buried, whatever. Right. To accommodate the expansion to what the thoroughfare plan calls for. Correct. Right.

Um so what I'll say to that is true it is costly, but it's not impossible. And who knows at some point in the future the city may be able to get federal grants, state grants, right, that help with that cost to be able to widen this road the way that our city needs to, right, to accomplish a thoroughfare plan. There's NO money, RMA, right? all those kinds of things. So, you know, my point on this is getting the escrow amount doesn't mean um or gives the city an ability to provide matching funds in the future, right, if such a grant ever required that. So, I think there is still utility in holding developers accountable, right, for these things even if it does seem like it's costly for the city to be able to do that in the future. Um, so I just want to make my point clear, right? So, that's understood, too.

Understood. Okay. All right. Any other discussion? Okay. So, I think I heard the maker of the motion would like to retract. I do. Okay. Is there a new motion? Make a motion at table. Second. All right. Motion at a table uh and a second. Any discussion on that motion? Any objection to the motion. All right. Hearing none. It's unanimously adopted. Um 8 C. Very similar to 8B. Motion to table. Second.

All right. motion to table and a second just a quick. So the idea on this is this is the same, right? To come back with a firm plan on how how to handle a variance with conditions uh for the council to um make a determination whether they want to do that or not. Just to clarify, I guess from from the needs from our end, uh, is it that y'all would like to see the the plans of what it is that can be widened or is it just that you need it in writing that we'll be able to widen it up to the polls? I I just want to make sure that we provide what is needed whenever it comes to the next meeting. Again, does anybody want to take that response? Well, I have my thoughts, but

yeah, I think we all have different thoughts. Um, I know that that historically, uh, when it those large poles that it they might not be moved for 50 years, and I've always talked about in the past sidewalks that lead nowhere. Um, so I'm okay with widening the road. Uh, and I I don't think that there should be monies there if it because it might not ever happen. So, I might consider not escrow the the remainder, but as long as the sidewalk is also there. That's my that's my position in my opinion. Right. you should, you know, you should go back, make a proposal, right, for what I think you understand the council to communicate, which is if you're willing to widen it as far as you can go, right?

Um, put that in writing so that it's clear for us, uh, maybe talk with the planning and zoning department again, see if they will, uh, recommend that or not. Um, and then we can come back, right, with all that information and make an informed decision. Perfect. Thank you. Appreciate it.

All right. There was a motion and a second to table item 8 C. Any further discussion? Any objection to the motion? Hearing no objection, that's adopted unanimously. Uh item 9A, Mr. Secretary, consider authorizing the purchase of a sewer camera system from Rash USA through the local government purchasing cooperative source contract number 12721-R AU in the amount not to exceed 136,442.40. All right. Motion on item 9A. So move. Second. All right. There's a motion in the second. Any discussion? Uh is Jerry here?

Jerry, this is just a camera to help us try and diagnose problems like we've had in the past. Uh Gon mayor and council Herard Carmona, director utilities. Yes, sir. You are correct. Right. When we go underground leaks and everything. Yes, sir. When we do get calls from residents, uh we do send in the camera to make sure our our main is uh clear. If there's any issues within then we'll we'll assess it and and take the necess make the necessary repairs. Let's ask Santa to put it on rush please. [laughter]

All right. Any further discussion? All right. Any objections to the motion hearing? None. The motion's adopted unanimously. Item 10 A. Consider appointment of city of Edinburgh council members as designated board member and designated alternate board member to the lower real grand valley development council board of directors and appointment of city of Edinburgh council member as designated alternate board member to the real grand valley emergency communication district board of managers. Is there a motion on the item? Didn't [clears throat] we have Dan on that? I was going to say who who was prior we had Dan. I know we can't discuss [laughter] the the

either way motion to move to approve dandas. It was well so there's three appointments that we need to make. Uh just to be clear, one appointment is the designated member uh for the LRGBDC, an alternate member for the LRGBDC, and then a designated member for the um uh emergency communication district board. Darkley, is it always has it been the mayor and then he goes, "How about this? Let's take a motion to suspend the rules. Motion to suspend the rules. Second. Second. Okay. Any objection. All right. The motion is adopted and unanimously without objection. Okay. Go ahead.

So, normally the way the way it was, mayor was appointed there and these are two meetings. It takes up kind of half the day. It's the LRGC first and then the 911. Um, I filled in a lot because of my background. Uh, but whenever I could to make it, Tom was also, I believe, an alternate member. He would go to the to one of them and then we'd fill in the other depending on on things going on in the city. So, you were the first one in line? Uh, the mayor was the first one in line. So, then why don't we keep it the same way? We would have Omar first and then Dan will be the alternative after Omar. Okay. This is for the LRGBDC. Okay.

They're kind of back to back. It's always the same. Is Tom here? Am I right, Tom? the the LRGBDC is uh and the no are in the same day. The are these the ones that are backtoback the meetings Tom? No. Good evening, Mayor Council Tom Assistant City Manager. Uh it's the MO is the backtoback to the LRGBDC meeting and those are for elected officials. On the ones for the LRGBDC, I do not sit in on on those. So that one has is is normally elected official. down to the next in line would be the last in line would be the city manager for the LRGBDC and for the 911 district. Correct.

For MO. Yes. Really? Well, well, I remember going and I couldn't make the first one, but I'd make the 911 meeting that that was every three months. It's uh quarterly, I believe. Every three months. Really? Yes. Okay. I wasn't sure. Thank you. Yeah. And just for the public's benefit, I mean, these are um very important organizations that coordinate um all kinds of matters uh with other local governments, other cities. Um and so they they are important appointments. I think the mayor has historically been the designated member, right, for the LRGBDC for both for both. Yes. Okay. Actually, all three, the NO,

right? Yeah. And so the NO appointment was already made last week or last meeting and that and that was me uh on the LGBDc. I am willing to serve as the designated member if the council so chooses to do that. Um, and then on the 911 board, uh, same thing. I'm willing to do that unless somebody else would like to. On the 911 board, the mayor is a designated member. We need an alternate. Oh, there you go. Yes. Want to make the motion one board? We need an alternate. Yes. Yes. Okay. We need uh a member and an alternate for the LRGBDC and then we need an alternate for the RGBD 911.

Okay. So, I'll make a motion to nominate our mayor Omar AOA as a primary and an alternate for Dan Diaz from both organizations. Does that make sense? Yes, I I understand the motion. Second. All right. There's a motion and a second. Any discussion? All right. Any opposition? Hearing none. Motion passes unanimously. Uh moving on to the consent agenda. Uh items A through G. Um we will can approve A through G.

Second. There is a um motion to approve items A through G. Any discussion? I would like to take out item D for discussion. All right. Item D um is the parking garage change order. Could we have somebody come up to explain this?

I'll read I'll go ahead and read the item. Consider approval of change order number one to the contract with broadest construction LLC for RFP 2022-2 downtown parking garage project and authorize city manager to execute any documents related there too. Good evening, mayor, city council, Marlo Ken Hosa, city engineer. Um, so this is a change order for the downtown parking garage. It's a two-part uh change order. The first one is 49,953. This is for underground tanks that were found. Uh we found four as we started excavating. We need to excavate the four feet so that we can prepare for the subgrade up. Uh and as soon as we began, four of them were found. Uh we did a little bit of more digging and just to see if others would come up and we didn't find any more. Hopefully that remains the case. So this uh portion would mitigate that. Uh we also include the 29,800 which is uh to add a concrete pigment white color to the concrete so that it looks uh whitish uh and not grayish all around.

All right. Um so I just want to clarify a couple of things, right? Uh for the for the public's benefit. So this this particular area where the parking garage is being constructed used to be a gas station many many years ago. Um the county ended up acquiring this property turned it into the parking lot right that that was there. Um in the process of that my understanding is they found about 11 tanks uh that were left over from the gas station that was previously there. Am I am I tracking correctly so far? That is completely accurate.

Okay. And so when the 11 tanks were found by the county, there was testing done by TCEQ, right, per regulations, all those kinds of things. The the land area was blessed as far as my understanding is, and the county proceeded to make the parking lot. That is accurate as well. Okay. And so now at this point, right, the city has taken over that parking lot so that we can construct this parking garage. Um we uh have broken ground on it and in the process discovered that there was actually four more tanks. Correct. Correct. Okay. Um and so the the site where the tanks were test were found were tested. Correct. Correct.

Okay. And what's being proposed now in this change order is the remediation work to remove those tanks. Yes. Okay. And dispose as well. Right. Uh and so the point of this remediation order uh is to be able to clear out those tanks, follow the environmental guidelines that we need to to remove those tanks. Um, no other contaminants were found in the area of those tanks. Correct. That is correct. Okay. All right. And so this will clean up that tank area. Correct. Correct.

Okay. [snorts] Other questions. All right. Any further discussion? Um, motion was to approve items A through G. Um any objection to the motion? All right, hearing none. The motion is adopted unanimously. Next item is 12A. Future items requested by city council. Any future items? No.

All right. Uh item 13, executive session. Um the um uh executive session requires a motion. Is there a motion to go into executive session? Second. All right. A motion and a second. Any objection? Hearing none, the motion is adopted unanimously. Time now is 658 and we are entering executive session. Thank you. Constitution with city attorney. Item B, discussion and possible action regarding economic development matters.

All right. Time now is 7:42. Um, can I get a motion to uh enter back in open session? So, move. Second. All right. Motion in a second. All those in favor say I. I. All those opposed. All right. Uh we are back in the open. Um are there u uh any required action at this time? Mr. Mayor, no items are needing action at this time. All right. Uh seeing how there is no other business on the agenda, we are adjourned.

No vote. You still do paper.