Minutes of March 01, 2022 Pagel  The Board of Commissioners for the City of Alamo, Texas met for the Regular Meeting on Tuesday, March 01, 2022 at 6:00 p.m., att the City of Alamo Municipal Building.  COMMISSION PRESENT: Mayor Diana Martinez Petel Morales, Mayor Pro-Tem J.R. Garza, Commissioner Okie Salinas, Commissioner Pilar Garza, Commissioner STAFF PRESENT: RobertI L. Salinas, City Manager Alexandra Rangel, City Secretary Eloy Hernandez, City Attorney Richard Ozuna, Police Chief Roy Contreras, Fire Chief Rafael Tapia, AEDCI Director 1. CALLI MEETING TO ORDER Robert. Salinas led the Invocation. C.P Presentations and Announcements Princess Angela Ortiz. congratulated the Royal Court.  COMMISSION. ABSENT:  Sergio Zavala, Planning Director Adela Perez, Purchasing Agent Alex Oyoque, Museum Director  Mayor Diana Martinez called the regular meeting held on Tuesday. March 01, 2022 to order at 6:00 p.m. at the City of Alamo Municipal. Building. Ms. Alamo led the Pledge of Allegiance and Ms. Gloria Espinoza introduce the new. Alamo Royal Court, Ms.. Alamo Victoria Chapa and Ms. Mayor Diana Martinez thanked all those who participated in making this event possible and Commissioner Pete Morales thanked the community. for the prayers and thoughts for his father in law's passing. In addition, he thanked. Ms. Espinoza for the effort in making this event. successful. He then continuedi to congratulate Nayeli Nicole Suarez) from. John McKeever Elementary and her proud parents, Rene Suarez Jr. and. Normalinda Cantu Suarez. Nayeli is and always has been a Straight A student gifted with many talents. At aj young age she represented our lovely city of Alamo and crowned. Little Ms. RGV. She is active in school programs such as A cheer leader at hers schoolj for the last4 4j years. active inc dance, drama, track, cross country, art, soccer, basketball, And) her favorite. sport softball! Shei is active in the Boys and Girls Club, and contributes to travel softball teams in both 10U& 12U from all of South Texas. She has participated in several World Series in Laredo, Port Mansfield, Corpus Christi and most recently in the AIl American All Stars in Conroe, Texas. She willl be attending the local nationals here in McAllen, Texas in. July then on tol Laredo) for World Series once again. She has been blessed over thej years by many in the craf. She is a Pitcher/Utility. Player with talent in all positions from short stop to outfield. She has excelled at any position she has been placed at. She is always driven to excel and serve her community, School and our lovely City ofAlamo.. He also congratulated. Alberto "AJ" Elizondo's 106) high school career victories 4-time district) finalist, 3-time district champion, 4-time regional qualifier 3-time state qualifier, 2022 UIL State placer, 2020 Texas Open State champion PSJA Chief Richard Ozuna stated this Saturday, March. Sth at 11AMis, the Texas Independence Parade. Aaron Garcia from Schneider. Electric and Dan. Lucio) from. AEP presented an incentive check to the City of4 Alamo in the amount of $38,575.47. This was due in part because of the city's LED D. Consideration and Action to approve the minutes for the second regular meeting of CommissionerJR Garzai motioned: to approve, and Commissioner Okie Salinas seconded.. Motion  Memorial Wrestler.  Conversion, program. February 15,2022.  carried.    Minutes of March 01, 2022 Page2  E. Consideration and action to approve Resolution for thes submission of grant # 3172307, Alamo 2021 Operation Stonegarden and listing the police chief as authorized Chief Richard Ozuna stated this resolution is for FEMA grant just under $150,000, which allows ust to purchase a police vehicle, equipment and overtime for police officers and dispatchers. CommissionerJ.R Garzar motionedt to approve, and Commissioner Okie Salinas seconded. Motion F. Consideration and action to re-appoint an Emergency Management Coordinator as per City Manager. Robert Salinas. stated this is a requirement) from TDEM, last year we had Fire Mayor Diana Martinez motioned to approve, and Mayor Pro-Tem Pete Morales seconded. G. Consideration and action regarding the 2021 Annual Racial Profiling Report. Chief Richard Ozuna stated this is our Annual. Racial Profiling Report. We. submit to TCLEOSE Mayor Diana Martinez motioned to approve, and CommissionerJ.R. Garza seconded. Motion Public Hearing on a Conditional Use Permit application tol have a Single-family residential dwelling on a Lot zoned 'R-MH' (Mobile Home & Modular Home District), onl Lot 2, Block 3, South Alamo Village Subdivision, located at 1102 Harrison Avenue, Alamo, Texas; H. Consideration and Action on a Conditional Use Permit application to have a Single- family residential dwelling on a Lot zoned 'R-MH' (Mobile Home & Modular Home District), on Lot 2, Block 3, South Alamo Village Subdivision, located at 1102 Harrison Avenue, Alamo, Texas; Applicant isl Bobby Kopriva (Maria G. Amador). Planning Director Sergio Zavala stated the vicinity map shows that the site is 60' west ofA Alamo Road, along the north side of Harrison Avenue. The property's dimensions are 60.50' X 104' = 6292 sq.) feet. R-MH's Section. 10-7-5 requires thats shoulds someone desirea CUP foras SF dwelling on a lotz zoned R-MH, it must meet the area requirements. for the R-1 effect. The above dimensions meet min. R-1 area requirements (50' wide; 100' deep lot), as well as exceed the minimum 6250 sq.f. for such a use. The site currently has a mobile home on it- see picture(s). The applicants' proposal is to have a one-story wood frame structure where the overall square footage will be 1357sq.f. The City's code mandates that any SF dwelling have a minimum of8 800sq.f. or above. As discerned, the proposed structure is compliant. AlL R-1 building. setbacks will be met/exceeded, ie., Front at 25'2", rear setback is over. 20; west. sides setbacki is 5'2"and east side setbacki is over 27. A 2-car paved driveway will be required to meet Code (min. 10'. 36' to paved street); the picture shows a large part of the driveway. still being caliche based. A significant tree is already inf front setback area; thus, noi new 7't tall tree is required. See the exhibit showing other SF homes ins same. subdivision. previously approved by the City. Staff Recommendation: Approval subject to 1) the CUP being transferable to new owners due to the permanence of such a structure; & 2) meet paved driveway code prior to CO. No opposition at the Planning Zoning hearing; applicant Mayor Diana Martinez: motioned. to approve and Mayor Pro-Tem Pete Morales seconded. Motion  representative for this grant.  carried.  Section 418.101 of the' Texas Government Code. Chief Roy Contreras and. Police Chief Richard Ozuna.  Motion carried.  and) had 1,631 contacts without incident.  carried. PUBLIC) HEARING  Applicant is Bobby Kopriva (Maria G. Amador)  No citizen participation  said she was application for new house program.  carried. PUBLICI HEARING    Minutes ofMarch 01, 2022 Page3  Public Hearing on: a Conditional Use Permit application to movei in a mobile food trailer on property zoned 'C' (Commercial), said site being 7.86 acres at Alamo H.E.B. Subdivision, Consideration and Action on a Conditional Use Permit application to move in a mobile food trailer on property zoned. 'C' (Commercial), said site being 7.86 acres at Alamo H.E.B. Subdivision, being 1211 W. Frontage Road, Alamo, Texas; Applicant is Jorge Planning Director Sergio Zavala stated the site is at the SW area of Alamo Road/Expressway (behind. Freedom Bank). The food trailer is desired to be along the south side of HEB's front entrance. Any CUP. for a mobile food trailer must meet the applicable provisions of Title. 3, Chapter 17. Such a CUP cannot be transferable to any other new owners. It is only. for this applicant. All CUP food trailers are approved for 1 YR from CUP-approved date. (Sec. 3-17-2 (E2), About 2, weeks ago, staff received the signed 9-page contract) from HEB. Alli is in order. The days/hours of operation must coincide with the HEB store's, too; this in order to assure that sanitary restroom facilities are available for the. service worker(s). The mobile food trailer must be at least 100' to any, fixed-location restaurant. The closest restaurant is Whataburger which is over 800' to the SE. Thej food items will be for walk-up sales/take home consumption' only. See menu pies. No loud musical loudspeakers, etc., will be permitted. All food. servers must have their food-handler's certificates (health cards). The Building Inspector; the Fire Marshal, and the County Health authorities must also 'clear' the structure and food service proposal (ifapproved). This CUP will not be disruptive to the neighborhood. since the parking will be primarily for HEB Staff Recommendation: Approval subject to: 1) 1 year -renewal considered annually, 2) acquire city business permit, and required county health approvals; 3) hours ofoperation to coincide with HEB's days/hours of operation; & 4) meet all codes of Title 3, Ch. 17.. Approved subject to Staff's recommendation; vote 4-0. NOTES: No opposition. from Public and Zoning hearing; applicant  being 1211 W.J Frontage Road, Alamo, Texas; Applicant is Jorge Sierra Mr.. Jorge. Sierra stated iti is East not West on the physical address.  Sierra  with exiting foot traffic patronizing this proposedj food vending service.  appeared; receptive to conditions.  Mayor Diana Martinez stated we have had vendors at this location in the past.  City Manager Robert Salinas responded thati is correct.  Commissioner Okie Salinas motioned to approve, and Commissioner Pilar Garza seconded.  Motion carried. PUBLICHEARING  Mayor Pro-Tem. Pete Morales abstain due to) his employment with HEB  Public Hearing on a Conditional Usel Permit application to move in a mobile food trailer on property zoned 'C' (Commercial), said site being Lots 6-10, Block 47, Alamo Original Townsite, being at 601 E. Business Highway 83, Alamo, Texas; applicant is Rosa Haro. Mayor Pro-Tem. Petl Morales asked the tables in the picture will they be there?  Planning Director Sergio Zavala responded no Ms. Rosa Haro asked tables are not permitted?  City Manager Robert Salinas responded no, based on our ordinance Mayor Pro-Tem Pete Morales askedi its states no speakers City Manager. Robert Salinas responded. thati is correct, no loud noise Ms. Rosa Haro askeds she) has a small speaker, is that permitted? City Manager Robert Salinas responded no, based on our ordinance    Minutes ofN March 01, 2022 Page4 4  J. Consideration and Action on a Conditional Use Permit application to move in a mobile food trailer on property zoned 'C' (Commercial), said site being Lots 6-10, Block 47, Alamo Original Townsite, being at 601 E.) Business Highway 83, Alamo, Texas; applicant Planning Director Sergio Zavala stated the site is at the SW corner of U.S. Bus. HWY83/S.Sth Place, Street. Thej food trailer is desired to be along the NWS side oft thec convenience. store- sees site plan. Any CUP for a mobile food trailer must meet the provisions of Title 3, Chapter 17. Such a CUP cannot be transferable to any other new owners. It is only for this applicant. All CUP, food trailers are approved for 1 YRJ from CUP-approved date. (Sec. 3-17-2 (E2) The owners' signed permission' is shown in attached menu. sheet. The days/hours of operation must coincide with the convenience. stores' in order to assure thats sanitary restroomj facilities are available fort thes service worker(s). The proposed days/hrs. are: Tues-Sunday. 2pm- 81 pm. Seei menu) pie ofitems to bes sold. The mobile food trailer is beyond the 100' threshold to any fixed-location restaurant. Thej food items must bej for walk-up. sales/take home consumption' only. Although the roughly. sketched site plan shows 2 tables, there can be no tables. The picture provided. shows tables outside the store already. These must be removed, too. No loud musical loudspeakers, etc., will be permitted. AlL food servers must have their food-handler's certificates (health cards). The Building Inspector, the Fire Marshal, and the County Health authorities must also 'clear' the structure and food service proposal (ffapproved). In the recent past, the owner has complied with previous findings, including installing a perimeter 6' wood fence, and sign issues Planning appreciates that consideration. In examining the CUP, there are at least 11 paved parking spaces. Iti is perceived that in the sales-to-go service, that there will be suficient parking. P&Z Commission meeting 2/16/22: Approved. subject to Staffs Recommendation; vote: 4-0. NOTES: Applicant alerted that Mayor Pro-Tem Pete Morales motioned to approve, and Commissioner J.R. Garza seconded.  isl Rosa Haro  CUP, may likely not be approved next year number of area food trailers  Motion carried.  K. Discussion and Action to appoint Alamo's Parks and Recreation Board  Planning Director Sergio Zavala stated at the Board of Commissioners meeting of Feb. 15 the Parks & Recreation Board's codifying regulations were updated. The next step is to appoint 7  board members pursuant to thej following criteria.  Membership Criteria:  7members will serve on the Board for 2-year term (no limit on number ofyears tos serve) Agree to a background check; any) findings to be discerned by City Manager to) further Staff Recommendation: Appoint 7-member, Parks & Recreation. Board meeting above criteria Mayor Diana Martinez motioned: to appoint Santos Perez. Jr and Terry Sandoval Commissioner Okie Salinas motioned to appoint Samantha Contreras, Jaime Sloss, Ronnie Calderon, Miguel Contreras, Fernando Ariano, Juan Chavez and Terry Sandoval, and Mayor Diana Martinez in dissent, she asked if Santos Perez Jr will not be included as an  Board member must own property in Alamo, TX process or not; dependent on thej finding  CommissionerJ.R. Garza: seconded.. Motion Carried.  alternative?  City Manager Robert Salinas responded that is correct  L. Consideration and Action on Ordinance to Amend Title 61 Motor Vehicles and Traffic, Section 6-2-8 Truck Routes; to: amend the Definition section to include 'Private Streets' when referring to a' 'Street'; allow tractor trailers incidental and necessary use of non- truck route: streets when acts of God or other emergency circumstances are evident; and to allow option for oversight by City Manager and Police Chief of prosecuting evidence.    Minutes ofMarch 01, 2022 Pages  Planning Director Sergio Zavala stated the current TRUCK ROUTE Code needs slight modification. The proposed ordinance will amend the code as summarized in the bullet points Existing definition ofhazardous material isag good one, buto deleting unreasonable" whenz referring tot the riskj factor when: such are transported: through. Alamo's city limits. The term 'unreasonable" seems to provide a back door to escape responsibility since they may argue that the amount Definition of 'Street' now. includes private streets' to accommodate. regular traffic. Thel list ofstreets wherein tractor trailers can or cannot use are actually listedi in subsection Better defines the circumstances on when tractor trailers could necessarily use non-truck routes streets, e.g., pick-upldeliveries (currently expressed); ifthere are acts of God or other unforeseen circumstances that (temporarily). close regulart truck routes streets; or accessing When prosecuting a truck route case due to a cited violation, ther material of evidence may bej jointly examined by the City Manager and Police Chief to assure that the intent of the Corrects that the northernmost city limits OfFMS 907 as being a truck route (State Road) City Manager Robert Salinas stated this ordinance is just to make things clearer for the Police Mayor Pro-Tem Petel Morales asked what) happens ifai mechanic is on Tower Rd. will they be able City Manager. Robert Salinas responded as long they use the state roads and minimal use ofo city street. to get there, then they will be okay. For example, there is a business on Souix Rd, in this case a trucker needs to utilize Business 83 go. North on Alamo turn east on 495 then North on  below:  transported is reasonable.  'C'; the current code refers to B3, which is incorrect.  their headquartering office being adjacent to ai non-truck route. street.  truck route code is reasonably complied with.  Department. to enforce these rules.  tot travel?  Tower. That will the besti route.  Mayor Diana Martinez stated she) has seen several trucks within the city City Manager. Robert Salinas responded our city does have several truck drivers who live within city limits, and how we are handling these situations is based on the complaints. Commissioner Okie Salinas asked can we pin point where these trucks are going, like a business City Manager. Robert Salinas respondedj fore example the CIL, they currently exit right. The proper  on Tower and 83. We have an. 18-wheeler who drop offr mail.  routei is taking Alamo Rd.  Commissioner J.R. Garza askedi is there anyway they can be notified? City Manager Robert Salinas responded yes, we place. signage that signage too? Since we have homes in Alamo Rd. especially ifwes start getting complains. becomes ap problem we will address it at that time.  Mayor Pro-Tem. Pete Morales asked abouts signage regarding engine break, are we going to have Planning Director Sergio Zavala stated since this is not a truck route, but can be considered City Manager Robert Salinas responded hei has usually. seen these signs in rural areas, but ifitt too Commissioner Okie Salinas motioned to approve and. Mayor Pro-Tem Pete Morales seconded.  Motion carried.    Minutes ofM March 01, 2022 Page 6  M. Consideration and Action on Ordinance to Amend Title 91 Building Regulations, Chapter 4 Signs, Section 9-4-8(A)(I) 'Appeals' to provide the Board of Commissioners a wider ability to consider 'sign' variances int the commercial ori industrial zoning district. Planning Director Sergio Zavala stated in a recent question of an upcoming Stripes store on the south side of the City Alamo/Ridge), a 2nd wall sign was proposed in their sign renderings (Laredo Taco). The City's Sign Code is specific int that only 11 wall sign is permitted. (NOTE: this site will have to be subdividedrecorded. as a 1-lot! plat.). In looking for options to) perhaps allowa a 2nd wall sign. to Stripes in a commercialy-zoned district, the only option available was the appeals/variance, process. However, this section only gives the Board of Commissioners certain leeway (setback, signj face; height); the current Code does NOTauthorize: the Commission to allow variance for a 2nd wall sign (w/conditions). This ordinance proposes to amend the Appeals process so that IF there is ai variance application where the applicant may desire a 2nd walls sign wherei it would note exceed the current 10% of the wallj face (in combination with. the 1st wall: sign), and the conditions or circumstances merit it, then the Commission may consider awarding it. On the other hand, ifthe applicant has no special circumstances, and thej justification just isn't there, then the Commission will likely deny such a variance request. Regardless, the final calli is made by the Boardo ofCommissioners. This is thei most conservative: approach in extending the authority oft the Commission, and to increase the business-friendly nuance of the City ofA Alamo. Mayor. Pro-Tem Pete Morales motioned to approve, and Commissioner J.R. Garza seconded. N. Request by Rojas Heavy Equipment, LLC, to have the Board of Commissioners authorize the City Manager's Office to Issue a Foundation' Building Permit prior to Subdivision Compliance on Property at 240 East Frontage Road, more specifically described as the E. 550' of the W. 660' of the N.300', Lot 8, Block 38 (3.80 acres net), Planning Director Sergio Zavala stated planning Staff received a written request. from. Rojas Heavy Equipment, dated February. 24th, to) have the Commissioners consider authorizing the City Manager to issue a Foundation only' building permit for a new 8000. square foot commercial building with 48 parking spaces to be newly paved. The site is at 240 E. Frontage Road - see vicinity map. The 1981 tracto didn'tquite meet the 1980S Subdivision Code's threshold (thaty would've grandfathered the tract); as such, the acreage is exposed to typical subdivision plat requirements. Int their option toj file a 1-lot plat ord a Single Lot Variance (SLV), they opted toj file a SLVint their effort to comply with Alamo's Subdivision Ordinance. As the Board of Commissioners may, recall, as similar request was approvedj for the 7-11. Stores (SE Expwy/Tower). to issuet thei building permit, but meet. Subdivision Codes/record the 1-lot plat prior toj final occupancy. Due to extensive. sewer Siafrecommendation, for thef foundation permit is Approval subject to meeting SLV conditions (to 1. Replace the 6" water line along the Frontage Rd. with an 8" line, and install 2) fire  Motion carried.  Alamo Land and Sugar Company's Subdivision.  & water utility extensions, a 1-lot! plat was required of7-11.  be):  hydrants@ 300' intervals (approximate): 3. Pave. 5'sidewalk prior toj final occupancy: 4. Install. 1s street light! policy: and,  2. File for water district exclusion. IF still inside the irrigation district.: Meet all prevailing Building, Fire, and Landscaping Codes.  5.  All oft these can be completed prior toj final occupancy. (NOTE: ifthere are objections to #1, then this permit item may. still be approved, pending number 1 discussion/action at P&Z for their SLV Mr. Ricardo Gomez. stated at this time, he is asking the city to consider allowing to commence construction on the foundation and shell of the building, ifpossible. They are aware of the items  application).    Minutes ofMarch 01, 2022 Page7  that are being requested for our building and are working to address them and will address and correct them. Also, we are asking. for a waiver for the City's platting requirements since our property has been ine existences sincet thee early 80's. He alsos stated does not understand why, roofing permit was permitted at first for aprevious building and not this one, perhaps it was an error? City Manager. Robert Salinas responded this was not an error, we have issued permits when they are accessory type permits for example paving a drive way a. smaller building. The only thing up for discussion is the permit is for foundation which we are willing to do. As farj for the single lot variance that willg go before the planning and: zoning board. This is a. similar process to 7-11. Mr. Ricardo Gomez. stated his concern was he was not aware oft the 8" water line. City Manager Robert. Salinas responded) yes based on thep plans its shows 6", 8" and then 6". Based on our ordinance toi install aj fire hydrant it7 needs to be all and 8". Mr. Ricardo Gomez stated just to clarify this permit can be issued thej following the next day? Planning Director Sergio Zavala stated yes and also ifthe plans are complete Mr Romero Gomez asked just to clarify it will be plumbing and foundation permit. since he need  toi install pluming prior to thej foundation. City Manager. Robert Salinas responded thati is correct.  Commissioner, J.R. Garza motioned: to approve, and Commissioner. Pilar Garza seconded.. Motion CITIZEN: PARTICIPATION: Five minutes per person with no response from the City  carried.  No citizen participation I. ADJOURNMENT  Citizens are encouraged to signt the attendance sheet.  There being, noj further business, Mayor Diana Martinez adjourned the meeting at 7:21pm  Diana Martinez  A  ATTEST:   Rangel,Eity Secretary