Minutes of April 04,2 2023 Pagel 1 The Board of Commissioners for the City of Alamo, Texas met for the Regular Meeting held on Tuesday, April 04, 2023 at 6:00p p.m., at the City ofA Alamo Municipal Building. COMMISSION PRESENT: Mayor Dianal Martinez Petel Morales, Mayor Pro-Tem Okie Salinas, Commissioner J.R. Garza, Commissioner Pilar Garza, Commissioner STAFF PRESENT: Robert] L. Salinas, City Manager Rick Palacios, City Attorney Richard Ozuna, Police Chief Roy Contreras, Fire Chief Rafael Tapia, AEDC Director Adela! Perez, Purchasing Agent COMMISSION, ABSENT: Sergio Zavala, Planning Director Yvette Mendoza, Finance Director Alice Cano, HRI Director Julio Villareal, Public Works Director Sandra Chavez, Parks and Rec. Director Alexandra Rangel, Assistant Cityl Manager Melissa Leal, Water Billing Supervisor 1. CALL: MEETING TO ORDER and Pastor Tuttlel led the Invocation. C. Presentation and. Announcements Mayor Diana Martinez calledt the regular meeting held on TuesdayApril 04, 2023 to order at 6:00 p.m. at the CityofAlamo Municipal Building. Mayor Diana Martinez led thei Pledge of Allegiance Commissioner JR Garza congratulated the PSJA Memorial Dazzlers for their National Mayor Pro- Tem Petel Morales congratulated thel PSJA Memorial Powerlifting team in which they were able to travel to State and bring back several individual awards including a state City Manager. Robert Salinas announced the Eggstravaganza on Thursday April 6, 2023 at 5PM, Championship. championship. and City Hall will be closed on Friday for good Friday. Commissioner Okie Salinas announced our meetings will now be live streaming D. Consideration and Action to approve the minutes for the regular meeting of March 21, Commissioner JR Garza motioned to approve, and Commissioner Pilar Garza, seconded. Motion 2023. carried. E. Presentation Regarding "City of Alamo Day" at the Capitol Mr. Isauro Trevino gave al briefupdate regarding the second visit to the capitol. Mr. Robert Salinas stated this presentation is to inform the Mayor and City Commission and the general public oft the potential "City of4 Alamo Day" at the Capitol.. At this point of the, State's budget process the City of Alamo has 37 riders earmarked. money) that include $2M fora relocation and upgrade oft the Tower Rd. lifts station, $1.5M for park improvements, and $100,000 for Alamo PDI laptops. As) you) know, this session ends in late May, so iti is appropriate and would be ag good time to visit our state legislature as aj follow up of our 31 pending riders that will be ag great benefit and assetj for our community, ifapproved. Itis the City's intent to be represented by a delegation including the City Commission and. Staff EDC Board Minutes ofA April 04, 2023 Page2 Members and. Staff and members of the Alamo Chamber of Commerce. This woulds show the City's support and appreciation of our State legislature. We are working towards visiting the F. Consideration and Action to approve: a resolution for the closure of Business 83 and FM Ms. Yesenia. Millan from the Alamo Crime Stoppers, Inc. Program stated the crime stoppers have been ai legal non-profits sincel November 2020 and a State Certified program since March 2022. One ofo our major tasks is to raise funds to) pay outj funds) for our TIPS hotline information. Asab board, we have identified. several find-raising activities to assistz us with this task. As our first BIGI Fundraising event, we would like to conduct an Alamo Crime Stoppers 5K Run on Saturday, May 27th, 2023, andi would like to hold this event, here in our great city of Alamo. We are wanting to [[obtain the necessary approval to hold this event. We look forward to collaborating with the city and theirs staff for this event and be assured we will follow all required guidelines imposed. We would like to inform you that this program is ready to be involved in all city events and become a positive presence in our community to educate and inform all citizens on how this program will) keep our community. safe and secure. Commissioner Okie Salinas motioned to approve, and Commissioner J.R. Garza. seconded. G. Consideration and Action on Resolution for City of Alamo 2023-2024 Alamo Operation Chief Richard Ozuna stated Funding available through FEMA by way of the State of Texas governors' office in support ofs securing our nation' 's borders proving reimbursements, for overtime, fringe benefits for our law enforcement and communications officers, fuel, vehicle and Mayor Pro-Tem. Pete Morales motioned to approve, and Commissioner J.R. Garza seconded. H. Consideration and Action to Approve an Ordinance amending the 2022-2023 General Fund Budget in order to create: a Temporary Full Time Firel Fighter Position. City Manager Robert Salinas stated the City of Alamo Fire Department has requested the addition of3 new. firef fighters through the SAFER Grant. The SAFER grant allows the City to hire. 31 newj fire personnel and pays for them for a) period of3y years. The City has already sponsored a volunteer firej fighter tos go to thej fire academy and has already completed the required training. The Chief believes that the addition oft these newj firej fighters would greatly benefit each. shif. The administration believes authorizing a "Temporary. Full Time Position" would allow us tos slowly begin the transition toi include the new positions. Ifapproved, this would be lof3 positions we1 would be adding in a. 3-year period. This would also allow us time tos see ifthe SAFER grant is approved. Ifthe SAFER grant is approved, this position would become aj permanent) full-time position as well as adding two other firej fighter positions in Commissioner J.R. Garza motioned to approve, and Mayor Pro-Tem Pete Morales seconded. Discussion and action to adopt written findings as to collection services contract and approveac contingent fee contract with Perdue, Brandon, Fielder, Collins and Mott, LLP pursuant to Article 103.001, Texas Code of Criminal Procedure, said contract being for the collection of court fines and fees owed to the City of Alamo (the "City"), and notice of which is provided with the agenda in accordance with Section 2254.1036 of the Government Code, and to terminate any contract with an active vendor for the same Capitol on April 26h. We will inform you as we know more. 907 for the Alamo Crime Stoppers 5K on May 27,2 2023 Motion carried. Stonegarden Program application for funding. equipment. Motion carried. addition to this onej for ai total of3. Motion carried. services. The City Commission convened into Executive Session 7:01PM Minutes of April 04,2 2023 Page3 J. Consider the approval of an Ordinance to establish a fee to defray costs of collecting delinquent fines, fees, court costs, and other debts pursuant to Article 103.0031 of the Texas Code of Criminal Procedure; providing for severability; and establishing an effective date. The City Commission will be convened: into Open Session 7:36PM Commissioner Okie Salinas motioned for no action, and Commissioner J.R. Garza seconded. K. Consideration and Action on a Waterline Access Agreement with North Alamo Water Supply Corporation for Riverside Development Services, LLC- Riverside Tower & 495 City Manager Robert Salinas stated enclosed please find the Waterline. Access Agreements for the Riverside Tower & 495 Subdivision Phase Aj fors signature on behalfo oft the City of Alamo. Please review the Agreement documents, cause them to be executed on behalf of the City in the areas indicated, and provide a City Commissioners' Resolution andlor certified. Minutes approving the Commissioner Okie Salinas motioned to approve, and Mayor Pro-Tem Pete Morales seconded. L. Consideration and Action on a Waterline Access Agreement with North Alamo Water Supply Corporation for Riverside Development Services, LLC- Riverside Tower & 495 City Manager. Robert Salinas stated enclosed, please find the Waterline. Access. Agreements for the Riverside Tower & 495 Subdivision Phase Aj for signature on behalf of the City of Alamo. Please review the Agreement documents, cause them to be executed on behalf of the City in the areas indicated, and provide a City Commissioners' Resolution andlor certified. Minutes approving the Commissioner Okie Salinas motioned to approve, and CommissionerJR Garza seconded. Motion Public Hearing on aj proposed Rezoning oft the West S acres ofLot 10, Block 32, Alamo Land and Sugar Company's! Subdivision FROM. R-1 Single-family Dwelling Residential TOR-2 Duplex, Multi-family,' Townhouse & Apartment! District; Applicant: XLHI Investments, LLC The site is44 mile east of Cesar Chavez. Road, along the south side of Ridge Road. The property's dimensions are 165'x 1250' (approx.). FYI -the proposed development is undergoing thes subdivision review process (at the staff level at this time). To the east, just over ani intervening vacant tract, are the McKeever apartments. The desired. R-2 zone is also consistent. to the envisioned. HD designation. The vacant tract that abuts it to the east will almost assuredly be converted. to R-2, as well (since it'd sit between 26 elongated Rick Salazar gave a brief description for thej future lift. station for Morning Side South. Siaffrecommends approval, and. Planning and Zoning Board recommends. Approval. M. Consideration and Action on an Ordinance tol Rezone the West 5 acres ofLot 10, Block 32, Alamo Land and Sugar Company's Subdivision FROM R-1 Single-family Dwelling Residential TOI R-21 Duplex, Multi-family, Townhouse & Apartment District; Applicant: Mayor Pro-Tem Pete Morales motioned. to approve, and Commissioner Okie Salinas seconded. Motion carried. Subdivision Phase A. Agreement. Motion carried. Subdivision Phase. B. Agreement. carried. PUBLICHEARING Planning Director Sergio Zavala stated: apartment developments). XLH Investments, LLC. Motion carried. Minutes of April 04, 2023 Page4 PUBLICI HEARING No citizen participation Planning Director Sergio Zavala stated: Public Hearing on aj proposed Rezoning of the East 0.833 acre out ofa 2.50 Acre Tract, out of Lot 4, Block 28, Alamo Land and Sugar Company's Subdivision, FROM R-1 Single- Dwelling Residential TO Commeraal(C)zaning! District; Applicant: Sergio Ornelas Thes site is 150'6 east of Alamo Road, along the. south side of Moore Road. The specific tract's dimensions is approximately 140' x310. The owners' single property has DUAL. ZONING, i.e., the eastern portion is zoned R-1 andi the western, portion is zoned Commercial. This rezoning action would reconcile one (Commercial): zone into one. single The desired commercial. zone will reconcile the single tract intol having one: zoning district. Viewing the aerial, to the north is a commercial series ofsuites where its commercial use actually coincides with the eastern boundary of the subject rezoning, ie., the north's commercial use will match the commercial zone's eastern boundary of the subject tract. Also, since the parent tract is at a significant trafficked corner, being Alamo/Moore Road, the commercial. zone & commercial: use is the better use (than a single-family residence).: N. Consideration and Action on an Ordinance tol Rezone the East 0.833 acre out ofa2.50 Acre Tract, out of Lot 4, Block 28, Alamo Land and Sugar Company's Subdivision, FROM R-1 Single-Dwelling Residential TO Commercial(C)z zoning District; Applicant: Mayor Pro-Tem Pete Morales motioned: to approve, Commissioner Okie. Salinas seconded. Motion O. Final Plat Approval: Agostadero del Gato Phase 1 Subdivision; 17.88 acres out of] Lot9, Block 30, Alamo Land & Sugar Company's Subdivision; ETJ; Developer: McAllen Planning Director Sergio Zavala stated the Agostadero del Gato development is. 1/2 mile east of Tower. Road, along the south side of El Gato Road. The plat proposes 85. single family residential lots that meet & exceed. Alamo's min. 6250 sq.. f. 'Lot' threshold. The plat is not in Alamo's city limits, but ini its ETJ. As is shown below, this development will not use city water nor. sewer; thus, voluntary annexation will not be processed. The plat lies in Military Highway Water Supply Corporation's (MHWSC's) CCNS. From the existing 12" water line along EL Gato, a new 8" network willl bee extended andl looped throughout the. series ofthe. 3 streets tos serve all the lots. The developer is also! providing 5 newj firei hydrants, located atj junctures approved by thel Fire Marshal. Also, on the street stub to the east, the water line has been stubbed to allow possible intercomnection (and looping) by developing others. Planning did notice that the 8", water lines still needs tol bes stubbedt toi thet westernmost. streets stubo ofPantera, though. The developer and Rio Delta will meet with. MHWSC at a pre-construction conference prior to construction & to coordinate required inspections. This) plat is in MHWSC's sewer CCN. The developer will bei installing an. 12" sanitary sewer lines throughout all interior streets to provide sewer service to all lots. The 12" system will connect to the existing 8" sewer line along El Gato. Road. The developer and Rio Delta will meet with. MHWSC at a pre-construction conference prior to construction & to coordinate required inspections. The plat dedicates the required 30' additional. ROW for EL Gato Road fora totalof50'ROWC centerline via Hidalgo County's MPO Thoroughfare Map. Street widening should bei imposed; however, a1 variance request has been filed to not escrow/widen. On storm drainage, thes streets willl be drainedi through mostly 24"s storm lines tot the south; however, therei is a. segment tot the SEj juncture of 36" storm line diverting the runoff to the drainage ditch located to the south ofthis! plat. The ditch belongs tot the Hidalgo County Drainage District #1. Also, Rio Delta's plan shows that they will also reconstruct. El Gate's road. side ditch system, too. The drainage report has been approved; thus, allowing the plat to be considered for Final Plat Approval. We also note that this developer will need to install a minimum 6' fence buffering. fence at the rear of lots Typical platting requirements will be imposed to include, but not limited to thej following: tract. Sergio Ornelas carried. Investments Partners, LTD; Engineer: Rio Deltal Engineering adjoining the drainage ditch. 1) $500Hlot parkj fees, 2) water district exclusion, 3) and meet all other prevailing subdivision codes and policies. Minutes of April 04,2023 Page5 Staff Recommendation: Final Plat Approval Subject To: 2)Stubbing The Water Line To The Western Stub Of Pantera 1)The Above Comments precedence). carried. 3) No Objection To The Variance on not escrowing the street widening for EL Gato (2019 Commissioner Okie Salinas motionedi to approve, and CommissionerR Garza seconded. Motion P. Consideration and Possible Action on an Ordinance to Amend Title 10 'Zoning Regulations', Chapter 2 'Zoning Rules and Definitions'; and Title IO's Chapter 5 'R-1 Single-family Dwelling District' and Chapter 6' 'Duplex, Multi-family, Townhouse and Apartment District 'to now include: a 'Bed and Breakfast Facility' as a Conditional Use Planning Director Sergio Zavala stated planning was approached by elderlyp property owners who own a vast 2-story) home that only) houses the husband & wife. The prospect ofal B&B Facility was proposed and, after reviewing the city's current zoning regulations, such a B&B use was discovered. to 'not' be a permitted or conditional use. The B&B effect will be a RESIDENTIAL landi usej from paying guests who will temporarily use an available room for work, or who come to1 visit relatives, or who may comej from out-of-town to do some locals shopping. There are sundry other variations of reasons fors such a B&B stay. But the bottom line is that they will be using a residential. bedroom for residential, purposes; and who may) have a meal prepared by the owner of ins said Districts the home. fapproved, the B&BJ facility will have thej following features: Must be owner-occupied. sanitary accommodations. Must have at least 1 paved un-obstructed, parking space per available room. Must have clearance from the Building Inspector and Fire Marshal as to safety and Must recorda document. citing the city's approval for the specific property owner and that such a conditional use is not transferable to new property owners, heirs, or assigns. For any proposed B&B facility, a Conditional Use Permit (CUP) must be applied. for and approved. for such to be legally recognized by the City.. Any pre-existing B&B uses may be considered. as grandfathered to this ordinance, i.e., approved pre-existing non-conforming uses. Commissioner Okie. Salinas motioned to approve, and CommissionerR Garzas seconded.. Motion Consideration and Possible Action on an Ordinance. Amending and Updating the Fence Planning Director Sergio Zavala stated he reviewed aj fence permit this week and observed our regulations that were outdated, ands should be considered forz updates and some amendments. The Fences is only mentioned in current Code; Iadded'. wall, or similar type structure' on Inoted Zoning's Sec. 10-3-2 (D) on clipping af fence on a corner lot. SO as not to create a sight obstruction; this code exists butIreferenced itin Title 9's Fence Code to assure. safer In 1977, thej fence! permit was 820 and its stills show up though in 2013 thej fee was approved byt the Board of Commissioners at 855. This is reconciled: in the draft ord. Deletes the 1977-reference tot the City. Secretary tor review & issuej fence permits. Prohibits sheet metal roofs in residentially used or residentially. intended property. Iffencing in ROW is proposed, then a $30j fee is imposed to the applicant; ifapproved, then the applicant will pays to record a document citing the conditions ofapproval. Iti is not uncommon to see rear utility easements fenced; this ordinance cites the presumption oft the owners' knowledge that. such fencing may be subject to removal by the City or any recognized utility franchise holder for needful utility repairs or utility Staff recommended. approval. carried. Regulations citedi in' Title 9' 'Building Regulations', Chapter 3 'Fences draft ordinance includes: required permits. compliance. Minutes of April 04, 2023 Page6 installations; if private property is inadvertently damaged in this repairinstallation The new code now includes the owners' representatives, or fence builder now being CO- process, the City & its franchise holders are Held Harmless. culpable for violations to thej fence code. . it's notj just the owner. Staffr recommended. approval. Mayor Pro-Tem Petel Morales motioned to approve, Commissioner. JR. Garza seconded. Motion CITIZEN. PARTICIPATION: Five minutes per person with no response from the City Albert Cazares asked for the number of garage sales to be increased. back to6. carried. Commission. Residents must sign up prior tot the city meeting. Citizens are encouraged to sign the attendance sheet. I. ADJOURNMENT There being noj further business, Mayor Diana Martinez adjourned the meeting at 7:37PM Mayor Apis Alexandral Rangel, AssistantCityl Manager AMO: