THE STATE OF TEXAS $ CITY OF BROWNSVILLE S COUNTY OF CAMERON $  MINUTES of a Regular Meeting of the City Commission of the City of Brownsville, Texas, held in the Commission Chambers, on the Second Floor oft the Brownsville City Hall-Old Federal Building, located at 1001 East Elizabeth Street, Brownsville, Cameron County, Texas, on Tuesday, February 18, 2020, at 5:00 P.M. with the following members present:  JUAN "TREY" MENDEZIII JOHNI F. COWEN,JR. ROSE GOWEN NURITH GALONSKY PIZANA BEN NEECE NOEL BERNAL HELEN RAMIREZ BRYANT WALKER RENE DE COSS GRISELDA ROSAS ABSENT  Mayor COMMISSIONERS AtLarge "A" At-Large "B" District1 District 4 CITY MANAGER DEPUTY CITY MANAGER ASSISTANT CITY MANAGER CITY ATTORNEY INTERIM CITY SECRETARY JESSICA TETREAU- - District 2 JOEL MUNGUIA -] District3 ELIZABETH WALKER = ASSISTANT CITY MANAGER  CALLT TO ORDER a) Roll Call  A quorum being present, Ms. Griselda Rosas, Interim City Secretary, read the call to order to consider the matters as posted and filed for the record in The Office oft the City  Secretary on February 14, 2020.  b) Invocation  Pastor Brad Burkes from Embassy of the Spirit Church led the invocation.  c) Pledge of Allegiance  United States Pledge and' Texas Pledge  Mayor Juan "Trey" Mendez, III, led the Pledge of Allegiance and the Texas Pledge  d) Proclamations  First Presbyterian Church (Commissioners. J. Munguia/J. Tetreau)  The proclamation was read and presented by Commissioner John Cowen, Jr.  Minutes February 18, 2020 - Page 1 of10    Harmony. Public Schools Board (Mayor. J. Mendez IV/Commissioner B. Neece)  The proclamation was read and presented by Commissioner Ben Neece.  Bleeding Disorders Awareness Month (Commissioners J. Tetreau/J. Munguia)  The proclamation was read and presented by Commissioner Nurith Galonsky Pizana.  Hannah Edelstein  (Commissioners R. Gowen/B. Neece)  The proclamation was read and presented by Commissioner Rose Gowen.  Villalon Family  (Mayor. J. Mendez IV/Commissioner B. Neece)  The proclamation was read and presented by Mayor Juan "Trey" Mendez, III.  PUBLIC COMMENT PERIOD  Rachel Ayala expressed concern towards the Southmost Library Facility.  WORK SESSIONS  A) Discussion regarding the. Airport Master Plan.  Mr. Shawn Schroeder, Assistant Airport Director introduced Ms. Julie Philipone whom briefly informed the Commission ofthe development oft the Airport Master Plan as mandated by the Federal Aviation Administration. Ms. Philipone noted that the plan is to assist the Airport and the City of Brownsville in a manner that coincides with current and future aviation needs for our region. Ms. Philipone, further noted that the plan would identify new airport planning and development recommendations that would be consistent with the airport's current and future needs for a 20-year planning horizon; and the process of the plan would be guided by the FAA and ultimately results in projections of future passenger: and aviation activity growth and preparation of an Airport Layout Plan (ALP). B) Discussion regarding the LGBTQ Task Force, its composition and application  process.  Joe Uvalles and Griselda Martinez gave al brief explanation oft the composition and application process for the LGBTQ, noting the importance of the gender identity and suggested that the composition of the task force be as diverse as our community.  C) Planning & Redevelopment Department Pillar Update.  Mr. Rick Vasquez, Planning and Redevelopment Director briefly informed the Commission of the Annual Work Plan, in which consisted of; Land Development Core Services, Land Development Environment and the challenges they currently face are Short  Minutes February 18, 2020 - Page 2of10    Term Strategies Now within the next 12 months, Mid-Range Strategies 12 to 24: months, Long Term 5 year plan and Historic Preservation & Downtown activation framework. Commissioner Ben Neece: noted that the codes that were currently in place needed tol be dealt with immediately, sO that businesses avoid having to wait unnecessary time for approvals. Commissioner Neece further noted that a lawyer needed to be in place now rather than later to avoid any delays and requested that the current codes be repealed in Mayor Trey Mendez noted that he would hold the Planning Department accountable to the 12-month period in rewriting the UDC codes. He also emphasized that "Culture" should not bei in 2022 buti int the next 90 days plan along with the implementation  order to speed up the process.  ofd digital.  Brief discussion ensued amongst the Commission in regards to the work plan in Mr. Noel Bernal, City Manager, briefly informed the Commission that the work  which the Commission also made suggestions and expressed concerns. plan had begun and would take some time for it to be finalized.  As a governmental body, the City Commission will not vote or take any. formal action on any items  discussed in the work. session portion oft the agenda. CONSENT AGENDA ITEMS  Consent Agenda Items listed were considered to be routine by the City Commissioner Nurith Galonsky Pizana moved to approve Consent Agenda Items a through h and withhold Consent Agenda Item e for discussion and separate action. The motion was seconded by Commissioner Rose Gowen and carried unanimously. ) Consideration and ACTION to award a term contract for the one-year renewal contract for the purchase and delivery of Asphalt, Oils and Emulsions for the City ofBrownsville, as per FY 2020 approved budget. Doro Garcia, Assistant Engineer and, Robert Luna, Purchasing Director briefly explained the Commission the purpose for the renewal of the term contract in which suggestions were made that on future contracts a percentage base or index base bei included to accommodate unforeseen price Commissioner. Rose Gowen: moved that ai term contract for the one-year renewal contract for the purchase and delivery of Asphalt, Oils and Emulsions for the CityofE Brownsville, as per FY 2020 approved budget, be approved. The motion was seconded by Commissioner John F. Cowen and  Commission and was approved by one motion.  increases on rawi materials.  was carried unanimously.  a) Toacknowledge the following travel expenses:  Employee Lupe Granado III Jarrett V. Sheldon Cesar. J. Pedraza  Department Finance Fire Fire  Destination New Orleans, LA  Date May 16-20, 2020  College Station, TX Mar. 08-12,2020 College Station, TX Mar. 08-12, ,2020  Minutes February 18, 2020- - Page 3 of10    Arnoldo Martinez Saul Medina Hugo Rodriguez Jose Lopez Juan Juarez Blas Rodriguez Andres C. Gonzalez Parks Esgar Aguilar Luis A. Saucedo Martino Trevino Jose R. Maldonado  Parks Parks Parks Parks Parks Parks Planning Planning Public Works Public Works  Galveston, TX Galveston, TX Galveston, TX Galveston, TX Galveston, TX Galveston, TX Galveston, TX Houston, TX Houston, TX Norman, OK Norman, OK  Feb. 25-26, 2020 Feb. 25-26, 2020 Feb. 25-26, 2020 Feb. 25-26, 2020 Feb. 25-26,2020 Feb. 25-26,2020 Feb. 25-26,2020 Feb. 16-21,2020 Feb. 16-21,2020 Mar. 03-05,2020 Mar. 03-05,2020  b) Consideration and ACTION to approve the purchase ofPV3 35 AAvionics Suite and related accessories in the amount of$51,195.00, from grant received through the Department of State Health Services Contract No. HHS000371500035 under the 2017 Hurricane Public Health Crisis Response Cooperative Agreement. Consideration and ACTION on Resolution Number 2020-017, in supporting the submission of the FY 2020 State Homeland Security Program - LETPA Projects (SHSP-L) grant application through the Office oft the Governor, Public d) Consideration and ACTION to approve Resolution Number 2020-016, supporting submission of an application for the City of Brownsville Police Department's Local Border Security Grant Program FY 2021 Grant #4012001 through the Office ofthe Governor, Homeland Security Grants Division. APPROVAL on SECOND and FINAL READING on Ordinance Number 2020-1033-B, amending Chapter 14-Aviation, Article II by repealing and replacing Sections 14-56, 14-60, 14-61, 14-62, 14-63 and 14-64. g) APPROVAL on SECOND and FINAL READING on Ordinance Number 2020-898-FF, amending Chapter 74-"Parks and Recreation", by repealing and replacing Section 74-18 "Local Standards of Care for the City Parks and Recreation Department's Children's Recreation Programs" and by adding Section 74-19 "Parks and Recreation Advisory Board Committee" creating a Parks and Recreation Advisory Board Committee, authorizing appointment of initial members thereof, and ordaining other matters pertaining thereto. h) APPROVAL on SECOND and FINAL READING on Ordinance Number 235-2019-038-CO, to rezone from Light Retail "F" (2CF) to Light Retail "H" (2CH) for Lot 47, Block 3, Forest North Subdivision Section 7, located at 5511 Achievement Avenue, with a Conditional Overlay. (District 3)  Safety Office.  PUBLIC HEARINGS  1. Public Hearing and ACTION on. FIRST READING on Ordinance Number 2020- 1652-A, to repeal and replace Section 348-1500 of the Historic Preservation Plan  and adopt the 2020 Historic Preservation Plan. Agenda Item was not discussed.  Minutes February 18, 2020 - Page 4 of10    2. Public Hearing and ACTION on FIRST READING on ORDINANCE NUMBER 235-2020-001, to rezone: from Dwelling "Z" (DZ) to General Retail "G" (4CG) for one acre, net, out of the Northwest corner of Lot 1, Block 110, El Jardin Resubdivision in Shares 23, 28, 29, 30 and 25, Espiritu Santo Grant, located at Martin Vega, Senior Planner gave a briefexplanation in regards to the rezoning of the property noting that the purpose was to rezone from Dwelling to General Retail. Upon motion by Commissioner Rose Gowen seconded by Commissioner Nurith Galonsky Pizana and carried unanimously, the public hearing was closed. Commissioner Nurith Galonsky Pizana moved that Ordinance Number 235-2020- 001, be adopted on first reading, to: rezone from Dwelling "Z" (DZ) to General Retail "G" (4CG) for one acre, net, out oft thel Northwest corner ofLot1, Block 110, El Jardin Resubdivision in Shares 23, 28, 29, 30 and 25, Espiritu Santo Grant, located at 1456 North Minnesota Avenue. (District 2) The motion was seconded by Commissioner 3. Public Hearing and ACTION on FIRST READING on ORDINANCE NUMBER 235-2020-002, to rezone from Dwelling "A"(DA) tol Dwelling "G" (DG) for Lot' 7, Block 3, Ebony Heights Subdivision, located at 1768 Marquette Avenue. (District Martin Vega, Senior Planner gave al briefe explanation in regards to the rezoning of the property noting that the purpose was to rezone from Dwelling A to Dwelling G. Upon motion by Commissioner Rose Gowen seconded by Commissioner Nurith Galonsky Pizana and carried unanimously, the public hearing was closed. Commissioner John F. Cowen moved that Ordinance Number 235-2020-002, be adopted at first reading, to rezone from Dwelling "A"(DA)to! Dwelling "G" (DG) for Lot 7, Block 3, Ebony Heights Subdivision, located at 1768 Marquette Avenue. (District 3) The motion was seconded by Commissioner Nurith Galonsky Pizana and 4. Public Hearing and ACTION on FIRST READING on ORDINANCE NUMBER 235-2020-003, to rezone from Dwelling "A" (DA) to Dwelling "G" (DG) forl Lot 9, Block 9, Alamo Heights Subdivision Section II, an addition to the City of Martin Vega, Senior Planner gave a brief explanation in regards to the rezoning of the property noting that the purpose was to rezone from Dwelling A to Dwelling G. Upon motion by Commissioner Nurith Galonsky seconded by Commissioner Rose Commissioner Rose Gowen moved that Ordinance Number 235-2020-003, be adopted at first reading, to rezone: from Dwelling "A"(DA)to Dwelling "G"( (DG): for Lot 9, Block 9, Alamo Heights Subdivision Section II, an addition to the City of Brownsville, located at 1128 Crockett Avenue. (District 2) The motion was seconded  1456 North Minnesota Avenue. (District2)  Rose Gowen and carried unanimously.  3)  carried unanimously.  Brownsville, located at 1128 Crockett Avenue. (District2)  Gowen and carried unanimously, the public hearing was closed.  by Commissioner John F. Cowen and carried unanimously.  Minutes February 18, 2020 - Page 5 of10    5. Public Hearing and ACTION on FIRST READING on ORDINANCE NUMBER 235-2020-004, to rezone from Dwelling "Z" (DZ)/Medium Commercial "G" (6CG)/Medium Commercial "V" (6CV) to Dwelling "G" (DG) for a 61.0 acre tract ofl land comprised of all ofLots 3, 4,5,6,7,8-A, 8-B, Block 2, of the Manuel Samano Partition; save and except, a 0.312 acre tract, a 0.196 acre tract, a 1.209 acre tract, and a 0.242 acre tract of land, located near Gardenwoods Avenue. Martin Vega, Senior Planner gave a brief explanation of the proposed rezoning ordinance, noting that the purpose was to establish a uniform zoning adequate for a Upon motion by Commissioner Ben Neece seconded by Commissioner Nurith Galonsky Pizana and carried unanimously, the public hearing was closed. Commissioner Nurith Galonsky Pizana moved that Ordinance Number 235-2020- 004, be adopted at first reading, to rezone from Dwelling "Z" (DZ)/Medium Commercial "G" (6CG)Medium Commercial "V"( (6CV) to Dwelling "G" (DG) fora a 61.0 acre tract of land comprised of all of Lots 3, 4, 5,6, 7, 8-A, 8-B, Block 2, oft the Manuel Samano Partition; save and except, a0.312 acre tract, a 0.196 acre tract, al 1.209 acre tract, and a 0.242 acre tract of land, located near Gardenwoods Avenue. The motion was seconded by Commissioner John Cowen, Jr., and carried unanimously. 6. Public Hearing and ACTION on FIRST READING on ORDINANCE NUMBER 235-2020-601-CU, an ordinance allowing a conditional use permit for a wet store for Lot 97, Block 4, Section I ofLomas Del Bosque Subdivision, located at 4200 Martin Vega, Senior Planner, gave a brief explanation of the proposed ordinance noting that the request was for a Conditional Use Permit to allow the sale of alcohol Upon motion by Commissioner Ben Neece seconded by Commissioner Nurith Galonsky Pizana and carried unanimously, the public hearing was closed. Commissioner Ben Neece moved that Ordinance Number 235-2020-601-CU, be adopted at first reading, an ordinance allowing a conditional use permit for a wet store forl Lot 97, Block 4, Section/ofLomas Del Bosque Subdivision, located at 4200. Jaime J.. Zapata Avenue. The motion was seconded by Commissioner John Cowen, Jr., and 7. Public Hearing and ACTION on. FIRST READING on ORDINANCE NUMBER 235-2020-901, to rezonei from Dwelling "Z" (DZ) to Light Commercial "G" (5CG) for Lots 2, 3, and 4, Block 302, EI Jardin Re-Subdivision, located near the intersection of Southmost Road and South Indiana Avenue. (District1) Martin Vega, Senior Planner gave a briefe explanation of the proposed ordinance, noting that the purpose oft rezoning is to maximize the permissible area ofconstruction and for establishing a tactical training facility for law enforcement entities. Upon motion by Commissioner Ben Neece seconded by Commissioner Nurith Galonsky Pizana and carried unanimously, the public hearing was closed.  (District3)  single-family residence development (private community).  Jaime J. Zapata Avenue. (District2)  foro off-premises consumption (Wet Store).  carried unanimously.  Minutes February 18, 2020 - Page 6of10    Commissioner Nurith Galonsky Pizana moved that Ordinance Number 235-2020- 901, be adopted at first reading, to rezone from Dwelling "Z" (DZ) to Light Commercial "G" (5CG) for Lots 2, 3, and 4, Block 302, El Jardin Re-Subdivision, located near the intersection of Southmost Road and South Indiana Avenue. The motion was seconded by Commissioner Ben Neece and carried unanimously.  ITEMS FOR INDIVIDUAL CONSIDERATION  8. Consideration and ACTION on Resolution Number 2020-019 to adopt the Airport Master Plan and authorize the City Manager to approve the Airport Layout Plan upon its completion of review and approval by the Federal Aviation Administration for the Brownsville South Padre Island International Airport. Commissioner Rose Gowen moved that Resolution Number 2020-019 to adopt the Airport Master Plan and authorize the City Manager to approve the Airport Layout Plan upon its completion of review and approval by the Federal Aviation Administration for the Brownsville South Padre Island International Airport, be approved. The motion was seconded by Commissioner Ben Neece and carried 9. Consideration and ACTION to establish Other Post-Employment Benefit (OPEB) Trust and authorize initial contribution of $1,000,000.00 as per FY 2020 Commissioner Ben Neece moved that Other Post-Employment Benefit (OPEB) Trust and authorize initial contribution of $1,000,000.00 as per FY 2020 Budget, be established and approved. The motion was seconded by Commissioner Rose Gowen Commissioner. Ben Neece left the meeting at 7:23 pm and did not vote on Agenda Items  unanimously.  Budget.  and carried unanimously.  10 through 17.  10. Consideration and ACTION to acknowledge the Finance Director's financial statements and cash investment report for the City of Brownsville for the fiscal Commissioner Rose Gowen moved that the Finance Director's financial statements and cash investment report for the City of Brownsville for the fiscal year ended December 31, 2019, be acknowledged. The motion was seconded by Commissioner  year ended December 31, 2019.  Nurith Galonsky Pizana and carried unanimously.  Agenda Items 11 through 14 were read consecutively for discussion and action. 11.Consideration and ACTION on Resolution Number 2020-011 supporting the Texas DepartmentofHousing and Community Affairs application for a proposed affordable housing community known as Brownsville Lofts to be located at 1860 Central Boulevard, providing for City of Brownsville financial support; and  dealing with related matters.  Minutes February 18, 2020- - Page 7of10    12. Consideration and ACTION on Resolution Number 2020-012 supporting the Texas Department of Housing and Community Affairs application for a proposed affordable housing community known as Luna Vista to be located at 3705 Boca Chica Boulevard, providing for City ofBrownsville: financial support; 13. Consideration and ACTION on Resolution Number 2020-013 supporting the Texas Department of Housing and Community Affairs application for a proposed affordable housing community known as El Brillo to be located at 995 Old Port Isabel Road, providing for City of Brownsville financial support; and 14. Consideration and ACTION on Resolution Number 2020-014 supporting the Texas Department of Housing and Community Affairs application for a proposed affordable housing community known as BCC Village to be located near Mayorca Court and Mayorca Avenue, providing for the City of Brownsville Ana Hernandez, Assistant Director of Planning & Redevelopment Services, gave al brief explanation noting that all resolutions granted the support of the City in favor ofeach individual tax credit application. In addition, all resolutions commit the City to grant each project with a $500 permit fee waiver and has been explicitly requested by the applicants tol help each oft their applications perform more favorably in accordance with the Texas Department of Housing and Community Affairs (TDHCA) 2020 Commissioner Rose Gowen moved that Resolution Numbers 2020-011 through 2020-014, be approved. The motion was seconded by John Cowen, Jr., and carried 15.Consideration and ACTION to award the proposal to Raba Kistner for the CulvertImprovements Project and West Brownsville Drainagelmprovement, in Commissioner Rose Gowen moved that the proposal fort the Culvert Improvements Project and West Brownsville Drainage Improvements, in the amount of $69,511.02, bea awarded tol Raba Kistner, as budgeted. Thei motion was seconded by Commissioner 16. Consideration and ACTION for authorization to purchase Traffic Signal Equipment for the FM 802 Detection Project, in the amount of $149,761.62, as Commissioner John Cowen, Jr., moved that the purchase of Traffic Signal Equipment for the FM 802 Detection Project, in the amount of $149,761.62, be authorized as budgeted. The motion was: seconded by Commissioner Rose Gowen and  and dealing with related matters.  dealing with related matters.  financial support; and dealing with related matters.  Qualified Allocation Plan (QAP).  unanimously.  the amount of $69,511.02, as budgeted.  John Cowen, Jr., and carried unanimously.  budgeted.  carried unanimously.  Minutes February 18, 2020 - Page 8 of10    17.Consideration and ACTION to award a contract for street rehabilitation forJose Marti Boulevard, Calle Nortena, Calle Costa Rica and Calle Buenos Aires under Term Contract for Rotation List for Engineering And Surveying Services, Contract # QES-25-0417 with Ambiotec Civil Engineering Group, Inc., Brownsville, TX for Task Orderi # 62 for: a lump sum of $220,033.00. Commissioner Rose Gowen moved that a contract for street rehabilitation for Jose Marti Boulevard, Calle Nortena, Calle Costa Rica and Calle Buenos Aires under Term Contract for Rotation List for Engineering and Surveying Services, Contract # QES- 25-0417with. Ambiotec Civil Engineering Group, Inc., Brownsville, TXi forTask Order #62 for a lump sum of $220,033.00, be approved. The motion was seconded by  Commissioner John Cowen, Jr., and carried as follow: Nay: Commissioner Galonsky Pizana  Ayes: Commissioners Cowen, Jr., Gowen, and Mayor Mendez III  EXECUTIVE SESSION  Upon motion by Commissioner Rose Gowen seconded by Commissioner Nurith Galonsky, and carried unanimously, the Executive Session convened at 7:40 p.m. to A) Discussion and deliberation regarding real property pursuant to Section 551.072 ofthe Texas Government Code, related to the possible purchase, exchange, lease, or value of real property in connection to bid(s) received from the Cameron County Tax Resale of November 5, 2019, where deliberation in an open meeting would have a detrimental effect on the position of the governmental body in B) Consultation with attorney pursuant to Section 551.071(1)(a) of the Texas Government Code, on a matterrelated to thej pending litigation in case styled New Cingular PCS, LLC V. The City of Brownsville, Civil Action No. 1:19-cv-00091 C) Consultation with attorney pursuant to Section 551.071(1)(a) of the Texas Government Code, on a matter related to the pending litigation in case styled Hilario De Leon V. The City of Brownsville, Cause No. 2020-DCL-00718 (107th Upon conclusion of Executive Session, Mayor Juan "Trey" Mendez, III, convened the Regular meeting at 8:06 p.m. There was no action taken in Executive Session. POSSIBLE ACTION ON ANY ITEM(S) AS DISCUSSED IN EXECUTIVE SESSION NOTE: The City Commission ofthe City of] Brownsville reserves the right to discuss any items in Executive Session whenever authorized under the Texas Open Meetings Act, A) Discussion and possible ACTION on Resolution Numbers 2020-020 through Resolution Number 2020-024, approving or rejecting the bid/offer(s) received on the  discuss the following items:  negotiations with a third person.  (Southern District ofTexas, Brownsville Division).  District Court in Cameron County, Texas).  Chapter 551 oft the Texas Government Code.  Tax Resale Properties on November 05,2019.  Minutes February 18, 2020- - Page 9of10    Resolution Number 2020-020 - Legal Description - Lot 1, Block 7, Magic Valley Resolution Number 2020-021 - Legal Description - all that certain tract ofland out of Lot 16, Block 308, El Jardin Resubdivision of Shares 23, 25, 29, 30 and 31 of the Espiritu Santo Grant, Cameron County, Texas, as described, as Tract "Q", in deed dated February 6, 1975, from Sabas Garza, Jr., ETAL to Juana R. Garza, in Volume 1013, Page 9, deed records of Cameron County, Texas, save & except however, 1.934 Acre Tract as described in Volume 1316, page 30, deed records of Cameron County, Texas, leaving herein a residue of 2.346 acres, more or less. (Acct. #74-7540-3080- Resolution Number 2020-022 - Legal Description - the South 20.00 Feet of Lot 4, Block 3, Bel Aire Heights Addition (Acct. 13-7920-0030.040-00A Resolution Number 2020-023 - Legal Description - 0.092 Acres, more or less, out of Lot 3, Block "K", Brownsville Land and Improvement Company Subdivision (Acct. 03-5005-000.0065.00 & Hacienda Estates Subdivision Sec 2 Lot 6 W % *Bldg Resolution Number 2020-024 - Legal Description - Lot 23, Block 1, Colonia Acacia Commissioner Rose Gowen moved toj proceed as advised by Legal Counsel. The motion was seconded by Commissioner John Cowen, Jr., and carried unanimously.  Farms Subdivision (Acct. 76.3465-0070.0010.00  1610-00)  Only* Acct. 053005.00-0S0 Subdivision. (Acct. 022170.0010.0230.002  ADJOURNMENT  There being no further business to come before the Commission, upon duly made  motion the meeting adjourned at 8:07 p.m. Approved this 7th day of  July 2020.  Trey Mayor INSV 60    Attest: Griselda Rosas Interim City Secretary  GR  O  ERespectfully submitted by: Yolanda Galara-Adminsiratne Supervisor Office oft the Cily Secretary  RT  Minutes February 18, 2020- - Page 10 of10