Minutes of September 01, 2020  Pagel  Thel Board of Commissioners: for the City of Alamo, Texas met for the First Regular Meeting on Tuesday, September 01, 2020 at 7:00 p.m, at the City of Alamo Municipal Building.  COMMISSION: PRESENT: Mayor Diana Martinez Robert Del La Garza, Mayor Pro-Tem Okie Salinas, Commissioner Pilar Garza, Commissioner Petel Morales, Commissioner STAFF PRESENT: Robert L. Salinas, City Manager Cris Palacios, City Attorney Alexandra Rangel, City Secretary Richard Ozuna, Police Chief Roy Contreras, Fire Chief Rafael Tapia, AEDC Director  COMMISSION. ABSENT:  Yvette Mendoza, Finance Director  I.  CALLMEETING TO ORDER Allegiance and Pastor Tuttle ledi the Invocation. C.Presentation: and Announcments  Mayor Diana Martinez called the regular meeting held on Tuesday, September 01, 2020 to order at 7:00) p.m. at the City of Alamo Municipal Building. Mayor Diana Martinez led the Pledge of  City Manager Robert Salinas announced the groundbreaking ceremony, for our new Wastewater treatment plant. Iti is scheduled for Wednesday, Sept 9, 2020at 9am. Mayor Diana Martinez announced on. January 01, 2021 Freedom Bank will open  Commissioner Pete Morales thanked Judge Celia Cruz for her donation on the masks for our Rafael Tapia announced: the findi round OfACAP applications will be due on 9/11  Police Department  Mayor Diana Martinez asked Police Chief for an update regarding the city wide numbers for Chief Ozuna stated as of this morning there are 6 people within the city, 2 have had their quarantine period expire and the other 4, their quarantine are expiring soon. Even though the  COVID-19.  numbers are decreasing please continue to wear. your mask.  D.C Consideration: and: action to: approve ther minutes for the second regular meeting ofA August Mayor Pro-Tem Robert De La Garza motioned to approve, and Commissioner Pilar Garza E. Consideration and action to approve the minutes for the special meeting of August 24, Mayor Pro-Tem Robert De La Garza motioned to approve, and Commissioner Pilar Garza F. Updated Mayoral Declaration ofLocal State of Disaster Due tol Public Health Emergency. City Manager Robert Salinas stated there has been no change from Governor Abbott, this order willz become effective on September 2nd, until September 15lh One thing that was modified was an overtime policy. for PD. At the moment our policy states they will receive OT when they work 43  18,2020. seconded motion carried.  2020.  seconded. motion carried.    Minutes of September 01, 2020  Page2 2  hours a week. In order for police officers to take advantage of the OT during COVID-19 the minimum now is 40 hours while working COVID-19 detail, this will help PD continue additional Chief Ozuna stated several grants pay overtime when its only 40 hours, with the 43 hours policy  patrol during COVID-19.  it makes it difficult for our officers to do OT.  Mayor Diana Martinez asked at this moment can we open city hall  City Manager Robert Salinas responded we can but we are pending aj few updates, we. should be ready by Tuesday. As for Parks and Rec. we are still pending on the Governor' 's order. Mayor. Diana Martinez asked since city hall will be closed. Monday can we post on Facebook we  will be open on Tuesday?  City Manager. Robert Salinas responded) yes Commissioner Pilar Garza asked ift the curfew stilli ine effect City Manager Robert Salinas responded) yes  Commissioner Okie Salinas asked about the library allowing only. 10! people?  City Manager Robert. Salinas responded based on the building occupancy, Lori has sent me aplan Commissioner Pete Morales asked what about the traveling teams are they allowed to practice, City Manager. Robert Salinas responded as long they keep their social distancing  regarding controlling the occupancy. fore example the park on Bowie.  City Attorney stated to change page 9t tor reflect 15th date  Mayor Pro-Tem Robert De La Garza motioned to approve, and Commissioner Pilar Garza G.Consideration and action regarding a taskforce agreement between the U.S.) Department ChiefOzuna stated this agreement allows for an officer within our department to be al liaison with the U.S. Department of. Justice where he takes part ofs seizures and investigations. There is one area ofo concern, it is either a one year or two-year agreement but he will clarify this issue prior Commissioner Pete Morales motioned to approve with pending contract time frame, and Mayor H.Consideration and action to approve a resolution for adopting TCAP's professional services agreement: and Gexa Energy's Commercial Electric service agreement. City Manager Robert Salinas stated TCAP is the Texas Coalition for Afordable Power, the City ofAlamo has been a member since 2003, along with other Hidalgo County cities. TCAPi is anon- profit organization which brokers to get power at a wholesale price. The resolution before you allows us to continue with the agreement. The agreement will still be run by legal in case we need Mayor Pro-Tem Robert De La Garza motioned to approve, and Commissioner Pilar Garza C Consideration and action on an ACAP: application for 932 W. Austin Ave. Lot B review. City Manager Robert Salinas stated as you recall we have the ACAP program to help mortgage andi rent! payments, we did not include an appeal process. Itj just makes sense to bring it before the city commission. This application was denied by the review committeebecause he was unable to  seconded motion carried.  of] Justice and the Alamo Police Department.  to.signing.  Pro-Tem Robert De La Garza seconded. Motion carried.  tol leave the 2j year agreement. seconded: motion carried.    Minutes of September 01, 2020  Page3 3  provide documentation of his residency. Mr. Luna did bring a) police report and an identification  from STC stating his residency.  Commissioner Okie Salinas asked the amount he was. supposed to get  City Manager Robert Salinas responded with the lease agreement it can be calculated for up to 4 AEDC Director. Rqfael Tapiar responded thati is correct, the total amount is $2,500, once approved  months  we will be send him a contract.  Mayor Diana. Martinez stateds she passed by and did verify he lives there  Commissioner Okie Salinas motioned to approve, and Commissioner Pete Morales seconded. J. Consideration: and action on: an Interlocal Agreement with the City ofWeslaco for: animal City Manager Robert Salinas stated as your recall we have an agreement with the City of Weslaco to handle our animal control services since we left Palm Valley. Palm Valley used to charge us $137,000 dollars aj year and at this moment we have paid $67,000 to Weslaco with a. savings of Mayor Pro-Tem Robert De La Garza motioned to approve, and Commissioner Okie Salinas K.Consideration and Action to Authorize City Manager tol Establish TIGR Accounts and City Manager Robert Salinas stated the TIGR is the Texas Integrated Grant Reporting system acting form. This is part of the GLO information in which Mr. Briones had mentioned in our last meeting and will allow us to create an account with the Texas General. Land Office. Mayor Diana Martinez motioned to approve, and Commissioner Pilar Garza seconded. Motion L. Consideration and Action to Authorize City Manager tol Publish 2015 CDBG-MIT Public City Manager Robert Salinas stated in your packet you can see the public notice that we will advertising in the monitor on September 4th Again, this information is from Mr. Briones's Mayor Diana Martinez motioned to approve, and Mayor Pro-Tem Robert de. La Garza. seconded. M.Consideration and action on an agreement between the City of Alamo and American Electric Power (AEP) to authorize the use of Alternative AEPI LED Street Lighting. City Manager Robert Salinas stated to have existing high-pressure sodium lights to be converted to LED after the fixture has been damaged and no longer a bulb issue, then AEP will replace it Commissioner Pete Morales motioned to approve, and Commissioner Pilar Garza seconded.  Motion carried.  control operations and impoundment.  $74,000.  seconded motion carried.  File Required Forms with the Texas Generall Land Office  carried.  Hearing Notice. presentation last week Motion carried.  with al LEDJ fixture. Motion carried. Public Hearing    Minutes of September 01, 2020  Page 4  Public Hearing regarding 2020-2021 City Budgets for the General Fund, Water and Finance. Director Ivette Mendoza. statedar notice was submittedi to the. Advance on August 261h for ap public hearing regarding the City Budgets for the General Fund, Water and Sewer Fund, Debt Service Fund and Hotel/Motel Tax Fund.. Just for recordIwill be proposed budget for next year.  Sewer Fund, Debt Service. Fund: and Hotel/Motel Tax Fund.  For General. Fund Water/Sewer Fund Debt Service Fund Hotel Tax Fund  Total Revenue $ 10,547,655 Total Expenditures 81 11,055,524 Revenue Over/(Under): Exp. $(507,869) Total Revenue $ 4,348,600 Total Expenditures 84 4,510,600 Revenue Over/(Under): Exp. $(162,000) Total Revenue $1,716,397 Total Expenditures S 1,576,719 Revenue Over/(Under). Exp. 139,678 Total Revenue $ 103,500 Total Expenditures 8 102,903 Revenue Over/(Under). Exp. $597 No citizen participation  N. Consideration and action on a variance request for a 0' front setback instead of the code minimum required 25' front setback and a 2' 10" side setback instead of the code minimum required 5' side setback, physically located at 207 Candy Dr., legally described City Manager Robert Salinas stated the site is located on the southwest corner of Canela Dr. and Candy. Dr. Mr. Hernandez contacted the Planning Department to get information on a building permit for a carport. Staff informed Mr. Hernandez of the front and side setbacks and that he would be encroaching into the front setback for the size of carport he wanted to install. He was informed that he could apply, for a variance request to the front setback. Staff also suggested to Mr. Hernandez that he could construct the carport in the rear, yard since this was on a corner lot and had the available required space to meet the side and rear setbacks. On June 2, 2020. Mr. Hernandez was sent a violation letter. for the construction of the carport without a permit and encroachment of the front and side setbacks. The applicant fled for a variance application 6/4/2020. From 2008 to now there have been approximately 50+ carport variances for front setbacks that have been approved throughout the City. Although they) have not approved them for encroachment of the side setback. Based on previous approvals by the Board of Commissioners, Staff does not object to the variance to the front setback, subject to the carport remaining Mayor Diana Martinez asked when Mr. Hernandez started building the carport, did he have a  as Vallel Dulce] Phase I,I Lot 13 for Salvador F. Hernandez.  perpetually. open and compliance with the side setback requirement.  permit?  City Manager Robert, Salinas responded no he did not  Mayor Diana Martinez stated PD went out there and went against PD's warning Commissioner Pete Morales stated he didi return and applied for a variance  City Manager Robert, Salinas responded yes that is correct, Ido not see an issue with the request Commissioner Pete Morales stated) he did not see an issue when he went out there Mayor Pro-Tem. Robert De La Garza stated it will set a negative precedents  only to honor the. 5's side set back.    Minutes of September 01, 2020  Page5  Commissioner Pilar Garza asked what didi the neighbor say  Commissioner Pete Morales responded. Mr. Cuellar did not have an issue, ifwe are giving away Mayor. Pro-Tem. Robert De La Garza respondedi it's not about the neighbor it's about the city following the rules. The right ofway and this are two different things. We had a structure over Commissioner Pete Morales stated he will approve iti ift the structure stays open Commissioner. Pete Morales motioned. to approve with the condition not to be closed, and Commissioner Okie Salinas seconded. Motion carried. 3-21 with. Mayor Diana Martinez and 0.Consideration and action on a variance: request for a 0' front setback instead of the code minimum required 25' front setback and a 0' sides setback instead of the code minimum 5' side setback, physically located at 210 Fudge Dr., legally described as Lot 121, Valle City Manager Robert Salinas stated the site is located 185' west of Canela Dr. along the north side of Fudge Dr. Staff made a neighborhoodi inspection ofl Valle Dulce Phase IId andj foundseveral carports that were within the minimumj front setbacks. Several notices were. sent witht this lot being one of them. Upon receiving the notice, applicant called to discuss the matter with Code Enforcement. The applicant was unaware ofthe need for a permit and the 25'front setback and 5' side setback requirement. The applicant fled for a variance application. oW there have been approximately 50+ carport variances for) front setbacks that have been approved throughout the City. Ofthose 50+ carports two are within this same subdivision. Based onj previous approvals by the Board of Commissioners, Siaff does not object to the variance to the front setback, subject to the carport remaining perpetually open and compliance with the side setback requirement. Commissioner Pete Morales motioned. to approve, and Commissioner Okie Salinas seconded. Motion carried. 3-2 with Mayor. Diana Martinez and Mayor. Pro-Tem Robert De La Garza in P. Consideration: and action on: a variance: fora 5' fronts setback instead oft the code minimum required 25' front setback and a 3' side setback instead of the code minimum 5' side setback, physically located at 1017 Loma Linda, legally described as Lot 56, Highview City Manager Robert Salinas. stated the site is located. 270' east of Alamo Rd on the north side of Loma Linda Ave. he applicant applied for a building permit the City Inspector contacted the applicant and advised her of the front setback encroachment. Upon inspection of the site staff notice that the applicant had already began the construction oft the carport and advised to stop with the construction. Staff also noticed that the carport was not only encroaching on the front setback. but also on the side setback. oW there have been approximately. 50+ carport variances for front setbacks that have been approved throughout the City. Of those 50+ carports four were approved within this same subdivision. Based on previous approvals by the Board of Commissioners, Staff does not object to the variance to the front setback; subject to the carport remaining perpetually open and complying with the side setbackrequirement The application has Commissioner Pete Morales motioned to approve, and Commissioner Okie Salinas seconded.  right of way then Idon't 'tsee why not andi ifthere is afire ity will be okay.  here on the north of town and didi nots get approved.  Mayor. Pro-Tem. Robert De La Garza in dissent.  Dulce] Phasel IT forl Israel & Martha Sanchez.  dissent.  Subdivision for Maria del Rosario Flores.  already relocated: the posts to comply with the side setback. required.  Motion carried    Minutes of September 01, 2020  Page 6  Q.Consideration and action on a variance for a 15' front setback instead of the code minimum 25' front setback, physically located 432 Alma St., legally described as Lot 4, City Manager Robert Salinas stated the site is located 235' south of Duranta. Ave. along the east side of Alma Ave, staff made ai neighborhood inspection of Alma Delia Subdivision andj found the applicant was constructing the carport within the minimum front setbacks. A notice was sent to the applicant. Upon receiving the notice, the applicant called to discuss the matter with Code Enforcement. The applicant was unaware of the need for a permit and the 25' front setback requirement. ow there have been approximately50+ carport variances forj front setbacks that have been approved throughout the City. Ofti those 50+ carports ten were approvedi in 2019 within this same subdivision. Based on previous approvals by the Board of Commissioners, Staff does not object to the variance to thej front setback, subject to the carport remaining perpetually open. Mayor Diana Martinez motioned to approve, and Commissioner Pete Morales seconded. Motion CITIZEN PARTICIPATION: The city will be accepting public comments from 8am-5pm on the day of the meeting to be announced during the meeting. Email comments to angel@aamotesasorg Five minutes per person with no response from the City Commission.  Alma Delia Subdivision for Yolanda Elizondo.  carried.  Residents must sign upi prior tot the city meeting.  No Citizen participation I.A ADJOURNMENT  Citizens are encouraged to sign the attendance sheet.  There being noj further business, Mayor Diana Martinez adjourned the meeting at 7:33 pm  Aiy  Secretary  uk