THE STATE OF TEXAS S CITY OF BROWNSVILLE $ COUNTY OF CAMERON S MINUTES of a Regular Meeting of the City Commission of the City of Brownsville, Texas, held ini the Commission Chambers, on the Second Flooroft the Brownsville City Hall - Old Federal Building, located at 1001 East Elizabeth Street, Brownsville, Cameron County, Texas, on Tuesday, January 21, 2020, at 5:00 P.M. with the following members present: COMMISSIONERS Mayor Pro Tem At-Large "B" District1 District 2 District 3 District 4 CITY MANAGER DEPUTY CITY MANAGER ASSISTANT CITY MANAGER ASSISTANT CITY MANAGER DEPUTY CITY ATTORNEY INTERIM CITY SECRETARY JUAN "TREY" MENDEZ II-I Mayor RENE DE COSS - City Attorney JOHN F. COWEN,JR. ROSE GOWEN NURITH GALONSKY PIZANA JESSICA TETREAU JOEL MUNGUIA BEN NEECE NOEL BERNAL HELEN RAMIREZ ELIZABETH WALKER BRYANT WALKER ALFREDO PADILLA GRISELDA ROSAS ABSENT CALL 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 January 17,2020. b) Invocation Pastor Brad Burkes from Embassy oft the Spirit Church led the invocation. c) Pledge of Allegiance d) Presentation(s) United States Pledge and Texas Pledge. Grant-Healthy Texas Mothers and Babies Mayor Pro Tem John Cowen, Jr., led the Pledge of Allegiance and the Texas Pledge Community Coalition (Public Health Department) Dr. Arturo Rodriguez, DNP, MPH, CPM, Public Health and Wellness Director, briefly informed and updated the Commission on the completion oft the first stage oft the Maternal and Child Community Healthy Needs Assessment Grant and presented the most relevant findings from the Community Health Needs Assessment (CHNA). Minutes. January 21, 2020 - Page lof9 PUBLIC COMMENT PERIOD CONSENT AGENDA ITEMS and was approved by one motion. No one signed up for Public Comment Period. Consent Agenda Items listed were considered to be routine by the City Commission Upon motion by Commissioner Nurith Galonsky Pizana, seconded by Commissioner Rose Gowen and carried unanimously, Consent Agenda Items were approved. a) Approval of thel Minutes oft the Regular Meeting ofl December 10, 2019. b) Toacknowledger the following travel expenses: Employee Bryant Walker Felipe Romero Monica Tellam Felipe Romero Monica Tellam Joanna Medina Sigifredo Zavala Damaris McGlone Graciela Salazar Gloria Gonzalez Department Airport Communications Communications Communications Communications: Health Parks Parks Parks Parks Destination Washington, DC Boerne, TX Boerne, TX Chicago, IL Chicago, IL Austin, TX Frisco, TX Galveston, TX Galveston, TX Galveston, TX Date Jan. 28-31,2020 Jan. 26-29,2020 Jan. 26-29, ,2020 Feb. 07-10, 2020 Feb. 07-10, 2020 Jan. 20-23, 2020 Feb. 16-23,2020 Feb. 24-28, 2020 Feb. 24-28, 2020 Feb. 24-28, 2020 c) Consideration and ACTION to approve a Letter of Support for the Lopez Early d) Consideration and ACTION to authorize the Brownsville Police Department to enter into al Memorandum ofUnderstanding (MOU) between Bureau ofA Alcohol, Tobacco, Firearms and Explosives and the Brownsville Police Department. e) Consideration and ACTION to award contract BID #POV-11-1219, for the purchase and delivery of vehicles for the Police Department, in the amount of Consideration and ACTION to approve the purchase of plotters for the amount g) APPROVAL on SECOND and FINAL READING on Ordinance Number 2019-1664, annexing territory to the City of Brownsville, Cameron County, Texas and extending the boundaries ofs said City; and adopting a service plan. h) APPROVAL on SECOND and FINAL READING on Ordinance Number 2020-1569-A, amending Chapter 102-Utilities"and which provides for Electric, amending Sections 102-204 and 102-218 toj provide for adjustments tol Electrical Service Rates, Fees and Chargers for Municipal Street Lighting and Private Security Lightning; and providing a severability clause and effective date. College High School Band. $94,074.00, as budgeted. not to exceed $39,000.00, as budgeted. Minutes. January 21, 2020 - Page 2of9 PUBLIC HEARINGS 1. Public Hearing and ACTION to approve Resolution Number 2020-005, authorizing publication and posting of Notice ofl Intention to issue Certificates of Obligation for the purpose of financing certain storm water improvements. Lupe Granado, Finance Director introduced Mr. Tom Spurgeon, Bond Counsel, whom briefly informed the Commission that there were two (2) requirements under the Certificate of Obligation (CO) Act relating to giving notice to the public of the City's intention to issue Certificate of Obligations (CO) by: (i) publishing the Notice ofIntention in al local newspaper, and (ii) posting it on the City's website. Mr. Spurgeon further noted that the statutory requirements are contained in Section 271.049a)C)and (2),ofthe Texas Local Government Code. Brief discussion ensued amongst the Commission. Upon motion by Commissioner Rose Gowen seconded by Commissioner Joel Commissioner Nurith Galonsky Pizana moved that Resolution Number 2020-005, authorizing publication and posting of Notice of Intention to issue Certificates of Obligation for the purpose of financing certain storm water improvements, be approved. The motion was seconded by Commissioner Rose Gowen and carried unanimously. 2. Public Hearing and ACTION on FIRST 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, ElJardin 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. (District 2) Martin Vega, Senior Planner gave a brief explanation of the proposed rezoning ordinance, noting that the predominant land use in the surrounding area is a single family dwelling and additional uses, such as apartment and two-family dwellings (duplexes), are also present within proximity of the subject property to the East and South. Mr. Vega also mentioned that the proposed zoning designation change was originally presented at the August 8, 2019, Planning and Zoning Commission Meeting, where Mr. Armando Mendoza, neighbor, and owner of the property directly abutting the subject acreage along the West and South property lines, explained that he did not want the construction of apartments next to his property. Additionally, he stated that a portion of the land undergoing the zoning change, directly to the North of his property, belonged to him (20- Munguia and carried unanimously, the public hearing was closed. foot easement fronting Old Port Isabel Road). Minutes January 21, 2020- - Page 3of9 Briefdiscussion ensued amongst the Commission. Upon motion by Commissioner Jessica Tetreau seconded by Commissioner Rose Commissioner Jessica Tetreau moved that Ordinance Number 235-2019-040, be adopted at first reading, 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 ofland out of Lot 1, Block 1, Amending Plat of Canyon Valley Subdivision Re-plat, located at 2732 Old Port Isabel Road. (District 2) The motion was seconded by Commissioner Joel Gowen and carried unanimously, the public hearing was closed. Munguia and carried unanimously. 3. Public Hearing and ACTION on FIRST READING on Ordinance Number 235- 2019-067, to rezone from General Retail "F" (4CF) to General Retail "G" (4CG) forl Lot2, Block 242, Brownsville Original Townsite, located at 744 East Ringgold Martin Vega, Senior Planner gave a brief explanation of the proposed rezoning ordinance stating that the proposed use oft the property was to build a duplex and that the request was consistent with the Comprehensive Plan and Future Land Use Plan. He further noted that the Planning & Zoning Commission Recommended approval of rezoning from Upon motion by Commissioner Nurith Galonsky Pizana seconded by Commissioner Commissioner Rose Gowen moved that Ordinance Number 235-2019-067, be adopted at first reading, to rezone from General Retail "F" (4CF) to General Retail "G" (4CG) for Lot 2, Block 242, Brownsville Original Townsite, located at 744 East Ringgold Street. (District 4) The motion was seconded by Commissioner Jessica Tetreau and carried 4. Public Hearing and ACTION on FIRST READING on Ordinance Number 235- 2019-068, to rezone from Dwelling "G" (DG) to Apartment "G" (AG) for Lot 26, Block 1, St. Tropez Subdivision, located at 2521 Old Port Isabel Road. (District Martin Vega, Senior Planner gave a brief explanation of the proposed rezoning ordinance stating that the use ofthe property was to build apartments. He further noted that the predominant land use in the surrounding area was single-family dwelling and additionally City staff cited that the rezoning oft the subject property to an Apartment use district would serve as a transition buffer between Dwelling to the North and Commercial Street. (District 4) General Retail "F" (4CF) to General Retail "G" (4CG). Rose Gowen and carried unanimously, the public hearing was closed. unanimously. 2) use districts to the South. Minutes January 21, 2020 - Page 40 of9 Brief discussion ensued amongst the Commission and City staff in regards to the Upon motion by Commissioner Rose Gowen seconded by Commissioner.Joel Munguia Commissioner Jessica Tetreau seconded by Commissioner Rose Gowen and carried request ofa allowing apartments and a buffer being placed on the property. and carried unanimously, the public hearing was closed. unanimously, the agenda item was tabled. 5. Public Hearing and ACTION on FIRST READING on Ordinance Number 235- 2019-069, to rezone from Dwelling "Z" (DZ) to Light Commercial "Z" (5CZ) for 19.631 acres ofl 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 Santo Grant, Martin Vega, Senior Planner gave a brief explanation of the proposed rezoning ordinance noting that the use of the property would be for a Construction Company and Equipment Storage, in which the property was facing Old Alice Road. Mr. Vega further noted that staff recommended a six (6) foot vegetation buffer or screening fence with a Javier Gonzalez, representative ofG&TPaving was ini favor ofthe proposed ordinance. Upon motion by Commissioner Jessica Tetreau seconded by Commissioner Rose Commissioner Ben Neece moved that Ordinance Number 235-2019-069, be adopted at first reading, to rezone from Dwelling "Z" (DZ) to Light Commercial "Z" (5CZ) for 19.631 acres of land out ofa 66.70 acre tract consisting of part of Blocks 45 and 55, Palo Alto Groves Subdivision Number 1, Share 22, Espiritu Santo Grant, located near Old Alice Road. (District 3) The motion was seconded by Commissioner Jessica Tetreau and carried located near Old Alice Road. (District3) minimum height of6 feet along all property lines. Gowen and carried unanimously, the public hearing was closed. unanimously. 6. Public Hearing and ACTION on FIRST READING on Ordinance Number 235- 2019-070, to rezone from General Retail "F" (4CF) to General Retail "G" (4CG) forl Lot 5,1 Block 95, Brownsville Original' Townsite, located at 1012 East. Jefferson Martin Vega, Senior Planner gave a brief explanation of the proposed rezoning ordinance noting that the use of the property would be a duplex. Mr. Vega further noted that the request was consistent with the Comprehensive Plan and Future Land Use Plan. Upon motion by Commissioner Ben Neece seconded by Commissioner Rose Gowen Commissioner Ben Neece moved that Ordinance Number 235-2019-070, be adopted at first reading, to rezone from General Retail "P" (4CF) to General Retail "G" (4CG) for Street. (District 4) and carried unanimously, the public hearing was closed. Minutes January 21, 2020- - Page 5of9 Lot 5, Block 95, Brownsville Original Townsite, located at 1012 East Jefferson Street. (District 4) The motion was seconded by Commissioner Rose Gowen and carried 7. Public Hearing and ACTION on FIRST READING on Ordinance Number 235- 2019-071, to rezone from General Retail "F" (4CF) to General Retail "H" (4CH) for Lots 8 through 21, Block 64, Tract I, Harden's Addition to the City of Brownsville, located at 1230 South Expressway 77/83. (District3) Martin Vega, Senior Planner gave a brief explanation of the proposed rezoning ordinance for establishing a two-story mixed-use plaza, which would consist of commercial use ini the first story, including a Vehicle Inspection Station and residential use on the second floor. Mr. Vega brieflyinformed the Commission that City staffi raised some concerns related to potential noise complaints towards the proposed vehicle inspection station from abutting residences and further noted that the Planning and Zoning Briefdiscussion ensued amongst the Commission ini regards tot the proposed ordinance. Upon motion by Commissioner Rose Gowen seconded by Commissioner Jessica After a brief discussion, Commissioner Jessica Tetreau seconded by Commissioner unanimously. Commission imposed no conditions on the property. Tetreau and carried unanimously, the public hearing was closed. Rose Gowen and carried unanimously, the agenda item was tabled. 8. Public Hearing and ACTION on FIRST READING on Ordinance Number 235- 2019-072, to rezonei from Apartment-J"(A): to General Retail-r(aci)forLot 7, Block 82, Brownsville Original Townsite, located at 603 East Washington Martin Vega, Senior Planner gave a briefexplanation oft the proposed ordinance noting that the purpose of the rezoning of the property is to establish a snack shop. Mr. Vega further noted that there was a verbal opposition of the neighboring property in regards to the parking and preservation oft the historic aesthetic of the neighborhood. Mr. Pete Salazar, owner of the property briefly explained to the Commission what the Upon motion by Commissioner Ben Neece seconded by Commissioner Nurith Commissioner Ben Neece moved that Ordinance Number 235-2019-072, be adopted at first reading, to rezone from Apartment "J" (AJ) to General Retail "J" (4CJ) for Lot7 7, Block 82, Brownsville Original Townsite, located at 603 East Washington Street. (District 4) The motion was seconded by Commissioner Nurith Galonsky Pizana and carried Street. (District 4) future establishment would entail. Galonsky Pizana and carried unanimously, the public hearing was closed. unanimously. Minutes January 21, 2020 - Page 6 of9 Commisioner.essica. Tetreau. stepped out and did not vote on Agenda Item #8. ITEMS FOR INDIVIDUAL CONSIDERATION 9. Consideration and ACTION to award Change Order #6 to SpawGlass Contractors, Inc., for the Terminal Project at Brownsville South Padre Island Commissioner Nurith Galonsky Pizana moved that Change Order #6 to SpawGlass Contractors, Inc., for the Terminal Project at Brownsville South Padre Island International Airport, in the amount of $305,044.00, be approved. The motion was seconded by International Airport, in the amount of $305,044.00. Commissioner Ben Neece and carried unanimously. Commissioner. Jessica Tetreau stepped out and did not vote on. Agenda Item #9. 10. Consideration and ACTION to award contract BID #BEP-01-1220, to SAMES for the construction of the Battlefield Extension, in the amount ofS1,027,152.00. Mr. Doroteo Garcia, Assistant City Engineer gave a brief explanation oft the proposed agenda item noting that the project consisted of a 2-mile extension of the existing battlefield towards Los Fresnos, Texas, and the entirety oft the project is being funded bya Commissioner Rose Gowen moved that award a contract BID #BEP-01-1220, to SAMES for the construction ofthe Battlefield Extension, ini the amount of$1,027,152.00, be approved. The motion was seconded by Commissioner Jessica Tetreau and carried grant from the Legacy Foundation Grant. unanimously. 11. Consideration and ACTION to approve a Memorandum of Understanding (MOU) between the City of Brownsville and the Brownsville Public Utilities Board, regarding an Exploratory Energy Conservation Program. Ms. Elizabeth Walker, Assistant City Manager briefly informed the Commission that the City of Brownsville and Brownsville Public Utilities Board were jointly exploring energy conservation projects. Ms. Walker further noted that the program would consist of three groups of projects such as Streetlights, Space lighting and HVAC, and Rebate Programs which would be pursued over time, as dictated by resource availability. Commissioner Ben Neece moved that the Memorandum of Understanding (MOU) between the City of] Brownsville and the Brownsville Public Utilities Board, regarding an Exploratory Energy Conservation Program, be approved. The motion was seconded by Commissioner Nurith Galonsky Pizana and carried unanimously. Minutes January 21, 2020- - Page 7of9 12. Consideration and ACTION to approve Resolution Number 2020-006 requesting the Texas Department of Transportation to place the East Loop on the State Mr. Pete Sepulveda, Cameron County Regional Mobility Authority Director gave a brief explanation of the proposed item noting that the East Loop Project would create a new transportation corridor connecting the Veterans International Bridge at Los Tomates with the Port of Brownsville and reduce congestion to improve safety on International Commissioner Ben Neece moved that Resolution Number 2020-006 requesting the Texas Department ofTransportation toj place the East Loop on the State Highway System, be approved. The motion was seconded by Commissioner Nurith Galonsky Pizana and Highway System. Boulevard. carried unanimously. 13. Consideration and ACTION on Resolution Number 2020-003, to repeal and replace Resolution Number 2019-091, authorizing the execution of an advanced funding agreement between the City of Brownsville and the' Texas Department of Transportation for Hazard Elimination/Safety Project Off-System. Commissioner Jessica Tetreau moved that Resolution Number 2020-003, toi repeal and replace Resolution Number 2019-091, authorizing the execution of an advanced funding agreement between the City of Brownsville and the Texas Department of Transportation for Hazard Elimination/Safety Project Off-System, be approved. The motion was 14. Consideration and ACTION to award a term contract BID #HMA-07-1219, for the purchase, delivery and pickup of Hot Mix Asphalt Materials for the City of Mr. Doroteo Garcia, Assistant City Engineer gave a brief explanation of the proposed item noting that the material will be utilized to complete pothole patching spot repairs and Commissioner. Jessica Tetreau: moved that ai term contract BID #HMA-07-1219, for the purchase, delivery and pickup of Hot Mix Asphalt Materials for the City of Brownsville, be approved. The motion was seconded by Commissioner Rose Gowen and carried seconded by Commissioner Ben Neece and carried unanimously. Brownsville. paving ofi in-house asphalt pavement. unanimously. BOARD APFOINIMENIS) 15. Consideration and ACTION to appoint member(s) to the Environmental and Conservation Task Force. Minutes January: 21, 2020- - Page 8 of9 Mr. Noel Bernal, City Manager moved to appoint Dr. Arturo Rodriguez, Public Health Director and Carol Vasquez, Public Works Environmental Coordinator Stormwater Manager as Staff Liaisons for the Environmental and Conservation Task Commissioner Rose Gowen moved to appoint Jude Benavides to the Environmental and Conservation Task Force. The motion was: seconded by Commissioner Jessica Tetreau Force. and carried unanimously. Bridget Collis nominated by Commissioner Ben Neece Christopher Gabler nominated by Commissioner Nurith Galonsky Pizana Viro Cardenas nominated by Commissioner Jessica Tetreau Sandra Morfitt nominated by Mayor Pro-Tem John Cowen, Jr. Mayor. Juan "Trey" Mendez III, advised Commissioner Rose Gowen ofhis nomination in which she advised the Commission that his nomination was Bill Burgos Monica Davila nominated by Commissioner Joel Munguia 16. Consideration and ACTION on Resolution Number 2020-008 to appoint a member(s) to the Downtown Tax Increment Reinvestment Zone No. 3 (TIRZ), City of] Brownsville Board of Directors. TABLED 01/07/2020 Resolution Number 2020-008 was approved as follow: Commissioner Jessica Tetreau moved that Frank Wood be appointed to the Downtown Tax Increment Reinvestment Zone No. 3 (TIRZ), City of Brownsville Board of Directors. The motion was seconded by Commissioner Rose Gowen and carried unanimously. ADJOURNMENT There being no further business to come before the Commission, upon duly made motion the meeting adjourned at 6:46j p.m. Approved this 21st day of April Juan Mayor 2020. a Attest: Gak ONN Griseldal Rosas Interim City Secretary 6 DR Respectfully submitted by: Yolanda Galarza-ldmimisratihe. Supervisor Office ofthe Citly Secretary FERLNT Minutes January 21, 2020 - Page 9 of9