THE STATE OF TEXAS $ CITY OF BROWNSVILLE $ COUNTY OF CAMERON S  MINUTES of a Regular Meeting of the City Commission of the City of Brownsville, Texas, held in the Commission Chambers, on the Second Floor ofthel Brownsville City Hall -Old Federal Building, located at 1001 East Elizabeth Street, Brownsville, Cameron County, Texas, on Tuesday, February 04, 2020, at 5:00 P.M. with the following members present:  JUAN "TREY" MENDEZI III JOHN F. COWEN,JR. NURITH GALONSKY PIZANA JOEL MUNGUIA BEN NEECE NOEL BERNAL HELEN RAMIREZ ELIZABETH WALKER BRYANT WALKER RENE DE COSS GRISELDA ROSAS ABSENT CALL TO ORDER a) Roll Call  Mayor COMMISSIONERS AtLarge "A" District1 District 3 District 4 CITY MANAGER DEPUTY CITY MANAGER ASSISTANT CITY MANAGER ASSISTANT CITY MANAGER CITY ATTORNEY INTERIM CITY SECRETARY ROSE GOWEN- At-Large "B" JESSICA TETREAU - District2 2  Aquorum 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 of the City  Secretary on January 31, 2020.  b) Invocation  Pastor Brad Burkes from Embassy of the Spirit Church led the invocation.  Pledge of Allegiance d) Proclamations  United States Pledge and Texas Pledge Business Professionals of America (Commissioners N. Galonsky Pzana/Commisioner.),  Mayor. Juan "Trey" Mendez, III, led the Pledge of Allegiance and the Texas Pledge.  Munguia)  The proclamation was read and presented by Commissioner Nurith Galonsky Pizana.  Minutes February 04, 2020 - Page 1 of9    PUBLIC COMMENT PERIOD  Mr. Steve Perez, thanked the Commission for making East Loop a reality.  WORK SESSIONS  A) Grants Annual Presentation  Ms. Marina Zolezzi, Assistant to the City Manager, Efren Trujillo, Office of Strategic Initiatives Assistant Director, Athena Bournakis, Grant Manager, Nayeli Trejo, Grant Analyst, and Olga Moya, Grant Writer, briefly informed the Commission of the annual basis highlights, work plan information, and accomplishments from thej previous year. The Grants Division presented the Grants Work Plan for Fiscal Year October 1st, 2018- September 30, 2019, Grants Submitted by Category, Grants Awarded by Category, Grant Highlights and upcoming grants. The goal of the Grants Division is to communicate the resources secured and share upcoming opportunities that align witht the Commission Pillars  and annual Work Plans ofa all City Departments.  CONSENT AGENDA ITEMS  Consent Agenda Items listed were considered to be routine by the City Upon motion by Commissioner Nurith Galonsky Pizana seconded by Commissioner John F. Cowen and carried unanimously, Consent Agenda Items were approved. a) Approval oft the Minutes ofthe Regular Meeting of January 07, 2020.  Commission and was approved by one motion.  b) To acknowledge the following travel expenses:  Employee Francisco Partida Francisco Partida Shawn Schroeder Shawn Schroeder Odee Leal Arturo Rodriguez Ysaias Presas Francisco Reyes Norma Cabrera Erik Gallardo Elsa Rodriguez Joanna Rivera Erika Morin Ashley. Aguilar Constanza Miner  Department Airport Airport Airport Airport Fire Health Health Health Health Municipal Court Municipal Court Municipal Court Municipal Court Municipal Court Planning  Destination Reno, NE Dallas, TX Dallas, TX Houston, TX San Marcos, TX Austin, TX Austin, TX New Orleans, LA New Orleans, LA Houston, TX Houston, TX Houston, TX Houston, TX Houston, TX Houston, TX Minneapolis, MN  Date Feb. 17-22, 2020 Feb. 26, 2020 Feb. 26, 2020 Apr. 19-22,2020 Feb. 23-26, ,2020 Feb. 19-21,2020 Feb. 19-21,2020 Apr. 13-17,2020 Apr. 13-17,2020 Feb. 10-12,2020 Feb. 10-12,2020 Feb. 10-12,2020 Feb. 10-12,2020 Feb. 10-12,2020 Feb. 10-12,2020 Feb. 09-14,2020  Marial L. Villanueva Municipal Court  Minutes February 04, 2020 - Page 2 of9    c) Consideration and ACTION to approve Resolution Number 2020-010 supporting the submittal of the grant application for FY 2020-2021 Solid Waste Grant Program to the Lower Rio Grande Valley Development Council's d) APPROVAL on SECOND and FINAL READING on Ordinance Number 235-2019-040, to rezone from Light Retail "G" (2CG)/Dwelling "G" (DG) to Apartment "H" (AH) for 0.2496 Acre of land out of the South 20.122 Acres of Block 19, El. Jardin Subdivision, in Tract 33, Share 19, Espiritu Santo Grant, and a 0.017 Acre of land out of Lot 1, Block 1, amending Plat of Canyon Valley Subdivision Re-plat, located at 2732 Old Port Isabel Road. (District2) e) APPROVAL on SECOND and FINAL READING on Ordinance Number 235-2019-067, to rezone from General Retail "F" (4CF) to General Retail "G" (4CG) for Lot 2, Block 242, Brownsville Original Townsite, located at 744 East APPROVAL on SECOND and FINAL READING on Ordinance Number 235-2019-069, to rezone from Dwelling "Z" (DZ) to Light Commercial "Z" (5CZ) for 19.631 acres of land out of a 66.70 acre tract consisting of part of Blocks 45 and 55, Palo Alto Groves Subdivision Number 1, Share 22, Espiritu g) APPROVAL on SECOND and FINAL READING on Ordinance Number 235-2019-070, to rezone from General Retail "F" (4CF) to General Retail "G" (4CG) for Lot 5, Block 95, Brownsville Original Townsite, located at 1012 East h) APPROVAL on SECOND and FINAL READING on Ordinance Number 235-2019-072, to rezone from Apartment "J" (AJ) to General Retail "J" (4CJ) for Lot 7, Block 82, Brownsville Original Townsite, located at 603 East  (LRGVDC).  Ringgold Street. (District 4)  Santo Grant, located near Old. Alice Road. (District3)  Jefferson Street. (District 4)  Washington Street. (District4)  PUBLIC HEARINGS  1. Public Hearing and ACTION on FIRST READING on Ordinance Number 2020- 1033-B, amending Chapter 14-Aviation, Article II by repealing and replacing Mr. Shawn Schroeder, Airport Assistant Director briefly informed the Commission that the Airport strives to increase efficiency, reduce burden, and streamline process; therefore the ordinance will amend the Airport Advisory Board to align with, and reflect Brief discussion ensued amongst the Commission regarding the Airport Advisory Upon motion by Commissioner. John F. Cowen seconded by Commissioner Ben Neece Commissioner Ben Neece moved that Ordinance Number 2020-1033-B, be adopted at first reading, amending Chapter 14-Aviation, Article II by repealing and replacing  Sections 14-56, 14-60, 14-61, 14-62, 14-63 and 14-64.  the City of Brownsville's) Policy regarding Boards and Commissions.  Board.  and carried unanimously, the public hearing was closed.  Minutes February 04, 2020 - Page 3 of9    Sections 14-56, 14-60, 14-61, 14-62, 14-63 and 14-64. The motion' was seconded by  Commissioner John F. Cowen, Jr. and carried unanimously.  2. Public Hearing and ACTION on FIRST 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 Childrens 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. Ms. Damaris McGlone, Parks and Recreation Director briefly informed the Commission that Section 74-18, as a municipality, the City was exempt from childcare license requirements, provided the City follow the correct process and procedures as per the Texas Department of Family and Protective Services; Child Welfare and Protective Services, as decreed in the Human Resources Code Title 2. Ms. McGlone further noted that the Parks and Recreation Advisory Board Committee (PABC) was created by an Upon motion by Commissioner Ben Neece seconded by Commissioner Nurith Commissioner John Cowen, Jr., moved that Ordinance Number 2020-898-FF, be adopted at first reading, 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 Childrens 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. The motion was seconded by Commissioner Nurith Galonsky  ordinance in 1991.  Galonsky Pizana and carried unanimously, the public hearing was closed.  Pizana and carried unanimously.  Commissioner. Joel Munguia arrived to the meeting at 5:50p p.m.  3. Public Hearing and ACTION on FIRST 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 Martin Vega, Senior Planner gave a briefexplanation and background oft the proposed ordinance noting that the purpose was to provide for certain uses, due to their unique characteristics or potential impacts on adjacent land uses that are not permitted in certain zoning districts as ai matter ofi right-of-way which may, under the right set ofcircumstances  Achievement Avenue, with a Conditional Overlay. (District3 3)  Minutes February 04, 2020 - Page 4 of9    and conditions be acceptable in certain specific locations and does not change the area Briefdiscussion ensued amongst the Commission and City Staff, and in which a group ofr residents within the area expressed their concerns of the structure height, increased in traffic flow, congestion on Achievement Avenue, pedestrian safety, high unit density, maintaining neighborhood's single-family character, uniform architecture within Upon motion by Commissioner John Cowen, Jr., seconded by Commissioner Joel Commissioner Ben Neece moved that Ordinance Number 235-2019-038-C0, be adopted at first reading, 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 and with all conditions and illustration. (District 3) The motion was seconded by Commissioner Joel Munguia and carried unanimously. 4. Public Hearing and ACTION on Ordinance Number 235-2018-031-5, an appeal ofa denial by the Planning and Zoning Commission to grant a time extension on a specific use permit that would allow a used car lot, a Light Commercial (5C) use, in Medium Retail "a" (3CA) for Lot 18 and 19, Block 12, Ebony Heights Subdivision, Cameron County, Texas, save and except a 0.167 acre tract out of Martin Vega, Senior Planner gave al briefexplanation oft the proposed ordinance noting that the applicant was appealing the denial by the Planning and Zoning Commission to Saul Quintero, property owner, expressed his concern that he had been in business for  district ofaproperty.  neighborhood, adequate parking and the loss of property value. Munguia and carried unanimously, the public hearing was closed.  Lot 19, located at 1805 Greenbriar Avenue. (District3)  grant a time extension on a previously approved Specific Use Permit. 25 years and has tried to stay in compliance to maintain the property clean.  Brief discussion ensued amongst the Commission.  Upon motion by Commissioner John Cowen, Jr., seconded by Commissioner Nurith Commissioner Joel Munguia moved that Ordinance 235-2018-031-S, be adopted at Commissioner Ben Neece: moved that Ordinance Number 235-2018-031-5, de denied. The motion was seconded by Commissioner Nurith Galonsky Pizana and carried as: follow: Ayes: Commissioners Galonsky Pizana, Cowen, Jr., Neece and Mayor Mendez  Galonsky Pizana and carried unanimously, the public hearing was closed. first reading. The motion failed due to lack ofas second motion.  Nays: Commissioner Munguia  Minutes February 04, 2020 - Page 5 of9    ITEMS FOR INDIVIDUAL CONSIDERATION  5. Consideration and ACTION to award Change Order #7 to SpawGlass Contractors, Inc., for the Terminal Project at Brownsville South Padre Island Commissioner Ben Neece moved that Change Order #7, be awarded to SpawGlass Contractors, Inc., for the Terminal Project at Brownsville South Padre Island International Airport, in the amount $5,026,139.79. The motion was seconded by Commissioner Nurith  International Airport, in the amount $5,026,139.79.  Galonsky Pizana and carried unanimously.  6. Consideration and ACTION to Award a' Term Contract for Architectural Design and Consulting Services for the City of Brownsville, Contract # ASC-41-0719. Commissioner Joel Munguia moved that a term contract for Architectural Design and Consulting Services for the City of Brownsville, Contract # ASC-41-0719, be approved. The motion was seconded by Commissioner John Cowen, Jr., and carried as follow: Ayes: Commissioners Cowen, Jr., Munguia, Neece and Mayor Mendez  Nays: Commissioner Galonsky Pizana  7. Consideration and ACTION on Resolution Number 2020-009, in supporting the submission of the Fiscal Year 2021 First Responder Mental Health Program Grant Application through the Office of the Governor, Public Safety Office Commissioner Joel Munguia moved that Resolution Number 2020-009, in support of the submission of Fiscal Year 2021 First Responder Mental Health Program Grant Application through the Office of the Governor, Public Safety Office Criminal Justice Division, be approved. The motion was seconded by Commissioner Ben Neece and  Criminal Justice Division.  carried unanimously.  8. Consideration and ACTION on Resolution Number 2020-007, to approve an Interlocal Agreement between the City of Brownsville and the City of McAllen for use of a 2020 Census parade float in return of a financial agreement not to Commissioner Nurith Galonsky Pizana moved that Resolution Number 2020-007, to approve an Interlocal Agreement between the City ofl Brownsville and the City ofMcAllen for use of a 2020 Census parade float in return of a financial agreement not to exceed $5,000.00, be approved. The motion was seconded by Commissioner Ben Neece and  exceed $5,000.00.  carried unanimously.  Minutes February 04, 2020 - Page 6 of9    BOARD APPOINTMENTIS)  9. Consideration and ACTION on Resolution Number 2020-018, to remove Mr. Shawn Schroeder, Airport Assistant Director, briefly informed the Commission that the AirportAdvisory Board shall be established and composed ofs seven (7) members; and with the movement of changing the composition of the Board terms, two (2) Board members would soon expire, therefore recommending that the Board: members bei removed Commissioner Ben Neece moved that Resolution Number 2020-018, to remove member(s) from the Airport Advisory Board, be approved. The motion was seconded by  member(s) from the Airport Advisory Board.  once their term expires.  Commissioner John Cowen, Jr., and carried unanimously.  EXECUTIVE SESSION  Upon motion by Commissioner Joel Munguia, seconded by Commissioner John Cowen, Jr., and carried unanimously, the Executive Session convened at 7:02 p.m. to  discuss the following item:  A) Attorney consultation pursuant to Section 551.071, Texas Gov't Code to receive legal advice and counsel pertaining tol BFFA Grievance No. 2019-03, which alleges ac contract violation under Article 24 of the current Fire Labor Agreement, the B) Texas Government Code Section 551.072, Real Property to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on the position ofthe governmental body 1. Easements, portions of parcels, or parcels located near parks within the city and possibly needed for park and utility public purposes for "Project 2. Certain downtown parcel(s) ofreal property related to "Project Gamma".  Texas Government Code Section 551.087, Economic Development to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to havel locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations or to deliberate the offerofai financial or otheri incentive to a business  demand for arbitration, and other related legal issues.  inj negotiations with a third person, to wit:  Beta".  prospect, to wit: 1. "Project Founder". 3. "Project Riverfront TIRZ".  2. "Project Hotel" and the Hernandez Foundation.  Minutes February 04, 2020 - Page 7of9    D) In addition to the foregoing exceptions, the City Commission reserves the right under Section 551.071, Consultation with Attorney, to seek the advice of its attorney on the posted matters if the duty of the attorney to the governmental body under the' Texas Disciplinary Rules ofProfessional Conduct ofthe State Bar Upon conclusion of Executive Session, Mayor Juan "Trey" Mendez, III, convened the Regular meeting at 9:30 p.m. There wasi no action taken in Executive Session.  ofTexas clearly conflicts with the Texas Open Meetings Act.  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,  Chapter 551 ofthe Texas Government Code.  B) 1.C Consideration and possible ACTION "Project Beta".  Commissioner John Cowen, Jr., moved to proceed as advised by Legal Counsel. The motion was seconded by Commissioner. Joel Munguia and carried as follow: Ayes: Commissioner Cowen, Jr., Munguia, and Mayor Mendez  Nays: Commissioner Galonsky Pizana Abstained: Commissioner Neece  B)2. Consideration and possible ACTION "Project Gamma". C) 1.Consideration and possible ACTION "Project Founder".  No action taken. No action taken. Foundation. No action taken.  C)2. Consideration and possible ACTION "Project Hotel" and the Hernandez  03.Consideration and possible ACTION "Project Riverfront TIRZ". Commissioner John Cowen, Jr., moved to proceed as advised by Legal Counsel. The motion was seconded by Commissioner Joel Munguia and carried unanimously.  ADJOURNMENT  There being no further business to come before the Commission, upon duly made  motion the meeting adjourned at 9:32 p.m.  Approved this 7th  day of  July  2020.  Minutes February 04, 2020 - Page 80 of9    Trey Mayor  R  KR Griselda Rosas Interim City Secretary  Respectfully submitted by: Yolanda Galarza-ldmimisirathe. Supervisor Office oft the City Secretary  FEBRUARY7 C 1853  Minutes February 04, 2020 - Page 9 of9