The Board of Commissioners: for the City of Alamo, Texas met for the Regular Meeting held on  Tuesday, June 4, 2024 at 6:00 p.m., at the City of Alamo Municipal Building.  COMMISSION: PRESENT: MayorJ.R. Garza Okie Salinas, Mayor Pro-Tem (via- zoom) Petel Moreles, Commissioner AJ Garcia, Commissioner STAFF PRESENT: Robert L. Salinas, City Manager Criss Palacios, City Attorney Michael Torres, ITI Director Ronnie Cruz, City Engineer Saul Solis, Alamo Police Chief Roy Contreras, Alamo Fire Chief Ana Garza, Executive. Assistant Adela Perez, Purchasing Agent  COMMISSION, ABSENT: Commissioner Roel Leon Moreno Jr.  Alexandra Rangel, Assistant City Manager Sergio Zavala, Planning Director Alex Oyoque, Museum Director Jose Tamez, Library Director Yvette Mendoza, Finance Director Julio Villarreal Jr. Public Works Director Arturo Aguirre, HRI Director  Miguel Cavazos, Asst. Parks & Rec. Dir Melissa Leal, Water Billing Supervisor  CALLNEETNCTOORDEK  Mayor. J.R. Garza called the regular meeting held on Tuesday. June 4, 2024 to order at 6:00p.m. at the City of Alamo Municipal Building. City Manager Robert L. Salinas led the Pledge of  Allegiance and Commissioner Pete Morales led the. Invocation.  C.P Presentation and Announcements No presentations or amnouncements.  D. Consideration and. Action to Approve the minutes for a regular meeting on May 215, Commissioner Pete Morales motioned: to approve, Commissioner, AJ Garcia. seconded. Motion E. Consideration and. Action to Approve the minutes for a Special Meeting on May 28"h Mayor. J.R. Garza motioned to approve, Commissioner AJ Garcia. seconded. Motion carried. F. Consideration and. Action to Approve an Ordinance, for Authorizing the Mayor to Execute all Related Transfer Documents for the Purchase of Real Property Legally City Manager. Robert L. Salinas stated that the ordinance provides some housekeeping. for the purchase ofr real property legally described. as Lot 4, Los Alamos Professional. Plaza Subdivision in the amount of $449,061. This property will bej for thej future Alamo Police Department and Municipal Court. This will authorize Mayor. J.R. Garza to execute any and all! paperwork needed for the transfer of ownership to the City of Alamo. Stafs Recommendation: Staff recommends Commissioner Pete Morales motioned to approve, Commissioner. AJGarcia. seconded. Motion G. Consideration and Action to Approve a Resolution finding that AEP Texas Inc's requested increase toi its electric transmission and distribution rates and charges within  2024 carried.  2024.  Described as Lot 4, Los Alamos Professional. Plaza, Subdivision  approval. carried.  the city should be denied.    City Manager Robert L.. Salinas. stated that on. February 29, 2024, AEP Texas Inc.) fledo an application with cities retaining original jurisdiction. seeking to increase system-wide distribution rates by $100.41 million per: year (ani increase of 13.1%), and increase to transmission rates by $63.11 million (a decrease of 9.29%). According to AEP Texas, the impact ofthis approval on an average residential customers would be an increase of about $4.59 per month. In a prior City action, AEP: Texas' rate request was suspended from taking effect for 90 days, thej fullest extent permissible under the law. This time period) has permitted the city, through its participation with Cities Served by AEP Texas to determine that the proposedi rate increase is unreasonable. Consistent witht the recommendations of experts engaged by Cities, AEP Texas' request) for ai rate increase should be denied. Accordingly. the purpose oft the Resolution is to Commissioner Pete Morales motioned to approve. Commissioner, AJ Garcia seconded. Motion H. Consideration and Action Regarding the Designation of ARPA Funds for Upgrades to Lift. Station No. 8, Water Well Pump Repair and Potential Sewer Upgrades within City Manager. Robert L. Salinas stated that the Ciry originally set aside ARPA funds for various sewer and drainage projects. Due to several complaints and concerns that have been recently brought upi regarding the existing lifts station No. 8 (Nebraska St. and Alamo Rd.) and a broken water welly pump, Iami requesting the transfer ofs some ofthe ARPA funds to be used to complete these repairs. We are also looking at the potential ofas sewer upgrade at Buena Vista Subdivision that will include the installation ofs 350' of sewer line that willd allow) for any overflow to go into another. sewer. system. Doing this shouldi remove any, future overflow concerns for this area. Ofall oft the ARPA projects, the Alamo/Duranta. Drainage. Project has the most funds allocated: to it (S1,055,527). Iam asking that $250,0000 of the finds allocated. to Alamo/Duranta Drainage be transferred toj fund these 3 repairs. Recommendation Staff recommends approval. Commissioner. Pete Morales askedi ift the wet well was going to be replaced  deny the rate change application proposed by AEP Texas.  Explanation of "Be It Resolved".  carried.  Buena Vista Subdivision  City Manager. Robert L. Salinas stated that with these funds the goal is to acquire some property that we have been in discussion with the developer to the. south of the lift station as well as the property owner to the east oft the lift station. He is hoping to install a new wet well and! provide a  new areaj for that lift station to outfall into.  Commissioner Pete Morales asked that if this project wras to repair the wet well  City Manager. Robert L. Salinas answered that they will be doing aj full upgrade not just a repair. Commissioner AJ Garcia asked City Engineer Ronnie Cruz ifhe) had any comments for this City Engineer. Ronnie Cruz stated that the lift station is falling apart iti is not fixable. Unfortunately, there is no access to the lifts station. Therefore, we are trying to acquire the Commissioner Pete Morales motioned to approve. Commissioner AJ Garcia seconded. Motion Consideration and. Action to update the Appointment of the Rio Grande Regional Alamo Fire Chief Roy Contreras stated that the Rio Grande Regional Response Group (RGRRG) is7 requesting an individual who shall Represent our jurisdiction and/or organization. Meeting had been canceled due to the Covid Pandemic bur is now back on track. The group will be Commissioner Pete Morales motioned to approve. Commissioner AJ Garcia. seconded. Motion  The oldi wet well will be decommission  particular project.  adjacent property to builda new one.  carried.  Response Group (RGRRG), primary member.  meeting quarterly andi will need to update its members.  carried.    J. Consideration and Possible. Action on an emergency purchase ofa new HVACRTU#3 Purchasing. Agent Adela Perez stated that the HVAC RTU#3 needed to be replaced at City Hall. The old unit had been operating. since 2004. SKO ELITE REPAIR LLC., had the unit in stock, and was installed within 24 hours after contact was made. This vendor has been vetted with TIPS (The Interlocal. Purchasing. System), whose pricing is under TIPS Contract# 24010402. Since their contract through TIPS was confirmed, there was no needi to activate a competitive price Mayor. JR. Garza motioned to approve, Commissioner Pete Morales seconded. Motion carried. PUBLIC HEARING: Discussion and Possible Action on an Ordinance to Rezone Lot 1, B&D Subdivision; and the. S. 560.80' of the N. 956.80' of the E. 660'of Lot 9, BK38, Alamo Land & Sugar Company's Subdivision; and the. S.. 363.20' of the N. 1320' of the E. 660'd of Lot 9, BK 38, Alamo Land & Sugar Company's. Subdivision FROM R-1 Single Family. Dwelling Residential TO R-2 Multi-family and Townhouse District; Applicant is Vienna Investment, Planning. Director: Sergio Zavala stated that the acreage is 4 mile west of Border Road, and lies on the south side of Duranta. Avenue. The panhandle-shqped. tract is vacant. Surrounding  for City Hall  quote process.  LIC  zonings are;  North-Commercia East- Single-dwelling residential (R-1) esl-Single-dveling residential (R-1) South- Industrial (M) Surrounding LAND USES are: North- auto. salvage yard East- SF residential in acreage setting West- SFres/vast vacant acreage South. vast vacant acreage  Future. Land Use Map (FLUM) designation is Heavy Commercial (HC). In examining the R-2 proposal, the acreage is between a Commercial. zone to the north and an Industrial: zone to the south. Withal FLUM designation of Heavy Commercial, ity would appear that a commercial: use would be the likely use. However; such a zone would introduce heavier commercial traffic to Duranta. Avenue, as well.. Also, a heavy commercial user may have a) higher detrimental 'value' effect to: surrounding R-1 properties. With the above expressed, the R-2 district now. seems a more palatable zone between the auto. salvage yard/heavy commercial use to the north andi the future industrial use to the. south. The R-2 would appear tor minimize value loss to the adj joiners, as well. There was noj public opposition at the P&Z hearing of May 15, 2024. Planning's  Recommendation: Approval. No citizen participation  K. Discussion and Possible. Action on an Ordinance to Rezone. Lot 1, B&D. Subdivision; and the. S.. 560.80' ofthel N. 956.80' of the E. 660' of Lot 9, BK. 38, Alamo Land & Sugar Company's, Subdivision; and the. S.. 363.20' oft the N. 1320'0 of the E. 660'ofLot 9,BK38, Alamo Land &. Sugar Company's Subdivision FROM. R-1 Single Family Dwelling. Residential TO R-2 Multi-family and Townhouse District; Applicant is Commissioner Pete Morales motioned. to approve, Mayor. JR. Garza seconded. Motioned PUBLICI HEARING: Discussion and Possible. Action to Approve an Ordinance to Awarda Conditional Use Permit for Non-residential (church) parking on property zoned R-1 Single Family. Dwelling Residential, being Lot 15, New Palm. Subdivision whose. street address is. 369  Vienna Investment, LIC  carried.    E. Austin Avenue, Alamo, TX; Applicant is the Primera Iglesia Bautista of4 Alamo (PIBA) Planning Director Sergio Zavala stated that the R-1 zoned lot has 1960-recorded dimensions of 75'x 160'; andi is at the SE corner of4 Austin Avenue and S. 4th Street. There is correspondence received May 2nd that is important to understand: the many. services providedi to the community, e.g, ministry programs. such as the Learning Academy Daycare; PIBA KIDS, Youth. Ministry, Food bank; and PIBA missions, too, where donations are received and disbursed: to needy others. One ofthe reasons. PIBA desires to use the 369 Austin property is because itll relieve the congestion from the donation area, as well as the daycare property, too. Having a church (non- res) parking area at this corner. site is not. seen as debilitating to anyone. Iti is a silent use and there. should be no disruptions to any nearby neighbor. However, PIBA desires to use a caliche parking lot which is contrary to code, ie., off-street parking is paved with concrete or asphalt. Now, as of May. 10th, the subject (vacant), propert: has ai tattered chain link fence, there is a Jenee' gap on the east. side, and the asphalt driveway is overgrown with grass. There are no area sidewalks so this can be deferred at this time especially since it's a church parking lot only, ie., no active business or church use. Planning's Recommendation: Approval subjectto: Install 6' wood fence buffer in the fence gap to the east; replace toppled chain linkj fencing. *No objections to use caliche at this time since it appears to be temporary; however, ifit's discovered: that aj frequent/more active use is evident. the parking will needi to be paved -Meet landscaping code around the perimeter oft the caliche parking; thisll improve aesthetics ands shield the caliche from the perimeter streets; this includes continuous. 3'high) hedging. The site plan shows emergency access to the alley as such. the alley need not be paved. If discovered: that the alley will bej frequently used, then the alley needs to be paved via Code. Minimal church. signage may be permitted within the property. P&z Commission Meeting May  Pave a driveway; min. 24'leading to the parking lot.  -CUP not to be transferable to any new owner(s).  15,2024: With no CUP opposition, item was unanimously approved.  No citizen participation  L. Discussion and Possible. Action to Approve an Ordinance to Award a Conditional Use Permit for Non-residential (church). parking on property zoned R-1. Single Family Dwelling Residential, being Lot 15, New Palm. Subdivision whose street address is 369 E. Austin. Avenue, Alamo, TX; Applicant is the Primera Iglesia Bautista of Alamo Commissioner Pete Morales motion to approve, Commissioner. AJ Garcia seconded. Motion PUBLIC. HEARING: Discussion and. Possible. Action on an Ordinance to Renewa Conditional Use Permit for the Sale ofAlcoholic. Beverages for on-site consumption in an 'Entertainment) Establishment' at La Cantina de Mario being at Lots 9-11, Block. 2, Cabana South Subdivision being 916 W.. Frontage Road, Alamo, TX; site is commercially zoned, and Planning Director Sergio Zavala. stated that the commercially zoneds site is approximately 1000' east from Alamo Road, along the north. side ofthe Expressway's Frontage Road. The property has ane existing commercial. structure. that is used for a cantina with. sufficient paved parking to the north and west; it has no driveway access to the alley. The warehouse to the adjoining west closes at 6pm; thus, the parking spaces will bej freed up entirely a bit after 6pm. The tenant fenced offt the parking. spaces that would back-up TO the Frontage Road andz uses this containment area for patrons to safely lounge being avay, from the residential area to the north. The days and hours of operation are from. Spm to. 2am. In the past year; there was 17 noise complaint made at 1:59 am on Feb. 3, 2024. However, it was disclosedi to P&Zt that this 'noise' complaint was actually caused by a neighboring property, Regardless, Staff's perspective is that  (PIBA)  carried.  the applicant is Mario Zuniga    with aj full year ofoperation, and with only 11 noise complaint in the area, this doesn't appear to be as significant issue. There was noj public opposition at P&Z's hearing either. Staf's Recommendation: Approval subject to continued. compliance to the City Commission's action, which includes obeying the City's Noise Code; TABC compliance; meet) health codes. P&Z Commission Meeting of5-15-24: Unanimously approved. subject to Staffs  recommendation No citizen participation  M. Discussion and Possible. Action on an Ordinance to Renewa Conditional Use Permit for the. Sale ofAlcoholic Beverages for on-site consumption in an 'Entertainment Establishment' at La Cantina de Mario being at Lots 9-11, Block 2, Cabana South Subdivision being 916) W. Frontage Road, Alamo, TX; site is commercially zoned, and Commissioner AJ Garcia motioned. to approve, Mayor. JR. Garza. seconded. Motion carried. PUBLICHEARING: Discussion and Possible. Action on an Ordinance to Approvea Conditional Use Permit for the, Sale of Alcoholic Beverages for on-site consumption ina Lounge'setting; Lots 1& 2, BK 2; and Lot 1, BK 3, North Alamo. Heights Subdivision, being 835 E.. Frontage Road, Alamo, TX; the applicant is Vasquez Group, LLC Planning Director Sergio Zavala stated that the. site is at the SE corner of the Expressway's Frontage Road and 9th Street; andi is surrounded by commercial: zonings. There are. 2SF residences to the east and south- variance is needed due to homes being within. 300! It) has a commercial events-type structure with paved off-street parking on all sides. Ifthe CUP to. sell alcoholic beverages for on-site consumption is approved, Vasquez Group proposes to be open from 6pm to Ipmj from Wed thru Sundays. Onl landscaping, since allj front and sides are paved, the applicant has agreed toj place 41 trees in large pots. There is no nearby fre hydrant. The water distribution: mapi reflects 3", 4", and 6" water lines. P&Za acted to at least have the Fire Marshal/Fire Dept. meet with. Management, et.al., to develop a (long range) plan to serve this At P&Z's public hearing of May 15th, there was noj public input provided by those present.  the applicant is Mario Zuniga  vicinity withj fre protection.  Staf's Recommendation: Approval subject to: 1)1y year renewal w/no objection to variance on distance to area residences; 2) iffoodi is sold, to meet prevailing health codes; 3). secure TABC license; 4) provide 40 ornamental trees inj pots; 5) comply with Noise Code; and  6) have the Fire Marshal's office and Management develop aj firm plan on how/when fire  protection will be provided ini this mixed-use area.  No citizen participation  N. Discussion and Possible. Action on an Ordinance to Approve a Conditional Use Permit for the Sale ofA Alcoholic Beverages for on-site consumption in a 'Lounge'setting; Lots 1& 2, BK2 2; and Lot 1, BK. 3,1 North Alamo Heights Subdivision, being 835 E. Frontage Road, Alamo, TX; the applicant is Vasquez Group, LIC Commissioner Pete Morales motioned to approve, Commissioner AJ Garcia seconded. Motion 0. Discussion and Possible. Action on a petition submitted. by Amanda Bernal for a speed bump between 1130and 1134 West Ivy. Avenue, Alamo, TX; as reviewed and acted  carried.  upon by the Traffic Safety Committee    Planning Director Sergio Zavala stated that Item D- Intent of Speed Bump Installation Policy includes the following: 'In order for speed bump installations to be effective, they should be located selectively after recommendation, form the Public Works Department and the concurrence. from the City Commission. The petition. states: "We need a speed bump in between this location 11301 W.. Ivy and 1134 West Ivy. Here are some signatures.' " This matter was reviewed by the Traffic Safety Committee (TSC) in March but was Tabled' since it reflected. 30% owner. support at that time. After the City's Planning Director met with Mr. Bernal in explaining the process, the %1 needed, and how many signatures he needed to meet code, he proceeded to secure the needed. signatures meeting the 66% threshold; as such, it was re-considered by the Item E- Eligibility Requirements mandate the criteria to qualify; it includes the following:  TSC.  -Signed petition -Paved. Minor residential. street -Pavement to be. 30" to 40" (range) -It must be a public. street (not private) -Mostly. serves low density dwellings -Max 21 traffic lanes facing each other Street is nor an MPO designated street -Mandated. max. 30MPH. speedl limit  The desired West Ivy speed bump, between. Alamo Rd. & 12th Street, complies with the above criteria. The TSC convened. on May. 28th & unanimously approved the speed bump requested by the petitioners. Staffs Recommendation: Approval & concurrence w/Siqffd & TSC as to the need Commissioner, AJGarcia motioned. to approve, Commissioner, Pete Morales. seconded. Motion P. Discussion and Possible. Action to Replace Member that Procedurally Resigned from Mayor. JR. Garza motioned to un tabled, Commissioner AJGarcia seconded. Motion carried. Planning Director Sergio Zavala stated that on. January 2, 2024, the Board of Commissioners created the Traffic Sqfety Committee (TSC). This is a committee that meets to discuss, plan, and act on traffic safety issues and measures. On. Jan. 16, 2024. the Board appointedresidents to. 3- year terms. Allo appointed commissions, committees; and boards have their attendance governed by Section 2-1-4 ofo our Code ofOrdinances that state the following: "Members must attend at least 50% of all regular meetings during each 61 months oft their tenure regardless of cause and regardless of excuse. No member shall miss more than 3 consecutive meetings. The 6-month period shall bej from. January 1 through. Jume 30; and from. July 1 through December 31 ofeach year. Failure to comply with attendance requirements. whether excused or not, will be considered as resignation from the board or commission. In the event of such termination, the chairperson ofs such board ofo commission. shall immediately notify the City Commission who shall then take steps toj fill such vacancy.' "This provision is also found in the TSC Bylaws. My 5- 13-24 email informed you that Armando Cano has nor attended any TSC meetings.  oft the speed bump. carried.  the Traffic. Safety Committee. (tabled on May 21, 2024)  TSCI Meetings 1-31-24 3-4-24 3-15-24 4-29-24 5-28-24  A. Cano Absent Absent Absent Absent Resign  G.I Espinoza R. Guzman MGutierrez R. Wright  Present Absent Present Present Present  Present Present Present Present Present  Absent Present Absent Present Present  Present Present Present Present Present  NOTE: members must be residents of Alamo; and must be qualified electors, ie., 18 years and registered voters. Planning's Recommendation: In order 10 magnify input on TSC agenda matters, and reduce risk of not having a quorum sehich stalls agenda items from being acted on, ar new member needs to replace the resigned member: term to expire on. January 16, 2027. Mayor. J.R. Garza motioned. to appoint Mario Flores. Commissioner AJ Garcia seconded.    Motion carried.  Discussion and Possible Action on an Ordinance. Amending Title 8 'Public Utilities', Chapter 2 'Sewer Use and Service', Section 8-2-2 (A) 'Sanitary Disposal Requirements' to Clarify the tenure ofaj plumbing permit to connect toi the city's sewer line and Planning Director Sergio Zavala stated that with the recent sanitary sewer project that extended service to ai residential area, the matter oft the required plumbing permits tenure was challenged ini that normal plumbing permits are valid for one year; however, Section 8-2-2 declares that 90 days are allowed for the connection to be made. There is no tenure given in decommissioning the -Clarifies that a 'building' means a building that is used, resided in or has an active water meter'; the existing code couldi mandate the connection to the city's sewer line ofa -Declares that a plumbing permit is required to connect to a. sewer line that's within. 50' -Clarifies that the 90-day tenure includes the decommissioning ofi previously used septic -Clarifies the specific 90-calendar days to complete the process ofconnecting to the city's -Clarifies that the 90-calendar days is the tenure of the plumbing permit to connect to sewer and de-commission the septic tanks; and specifically notes that the general 1-year tenure ofay plumbing permit issued under general construction circumstances is Commissioner Pete Morales motioned to approve, Commissioner. AJ Garcia seconded. Motion R. Discussion and Possible. Action on an Ordinance to amend Title 9 'Building Regulations, Chapter. 1 'Building Codes', Section 9-1-1-2 (A) Residential Code' by adopting the updated. 2024 International, Residential Code (IRC)  decommission the septic tank(s)  previously useds septic tanks. This proposed ordinance will do the following;  dormant property that has al boarded-up building.  oft the actively used building.  tanks.  active sewer line and de-commissioning oft the septic tank. -Clarifies that the 90-day tenure means '90 calendar days'  superseded by the 90-day health-specific tenure.  carried.  Planning Director Sergio Zavala. stated that in assessing the current building codes, Planning deemed the needt to replace the 20181 version of the International Residential Code (IRC) with the more-updated. 20241 IRC. We believe that replacing the 6-year-old (2018) IRC with the more updated. 2024 IRC is int the City's besti interest. Note: as other codes are examined from time to time, Planning assess whether new adoptions to more current codes will be presented to the City Commissioner AJGarcia motioned to approve, Commissioner Pete Morales seconded. Motion S. Discussion and Possible Action on an Ordinance to Amend Title 9 'Building Regulations', Chapter 4 'Signs', Section 9-4-12 (C)()(a)(2) to) permit Gas Prices signage on a canopy's face when suchj front State of Texas thoroughfares Planning Director Sergio Zavala stated that stemming from ai recent inquiry regarding. gas price signage on canopies, the current 'Canopy Sign' code only permits 1 permanent sign on the canopy. : see attached email ofanalysis to the proposed 'gas price on canopy' rendering. Gas price signs are exempt, but only ifsuch are 12 square feet or less. Gas Price signage on canopies, when Regular/Diesel" is combined, may be 48. sqf. In examining the circumstance, the only reasonable way to move forwardi is to amend the code to allow a combined, face of 50 sq.f. (max) on each of the canopy's face when such a canopy) fronts a TX DoT thoroughfare, e.g, Expressway, Alamo Road, SH 495, U.S. Bus. HWY8 83. Planning observed that the HEB  Commission. Planning's Recommendation: Approval.  carried.    gasoline outlet has gas prices on its canopies, t00. This ordinance retroactively approves such signage that may've been permitted in the past. Planning's Recommendation: Approval. Commissioner AJ Garcia motioned to approve, Commissioner Pete Morales seconded. Motion T. Discussion and Possible Action on an Ordinance to Amend Title 9 'Building Regulations', Chapter 6 'Landscape RegulationsSection 9-6-3 (B)(3) Residential Use Landscaping' to Clarify that Private Landscape Improvements will be on Private  carried.  property  Planning Director Sergio Zavala stated that in earh: May. Planning received a site plan for apartments showing its landscaping improvements. such as required shrubbery and. shade trees, on public ROW instead ofi in private property. Planning replied with a detailed email explaining the applicable Codes. The designer re-filed the site plan with slight adjustments but still showed landscaped improvements on ROW. In order to clarifi the codes' intent, Planning thought it best to amend the applicable code to avoid such questions with its associated delays. The amended The paved parking area for multi-family residential uises within aj front yard or corner side yard shall provide aj fivej foot (S) to eight foot (8) wide landscaped area located between the parking lot and the lots' front or cormer side's private property line(s). Planning's Recommendation: Commissioner AJ Garcia motion to approve, Commissioner Pete Morales seconded. Motion CITIZEN PARTICIPATION: Five minutes per person with no response from the City  code will read as follows:  Approval. carried.  Commission. Residents must sign up prior to the city meeting.  No citizen participation I.  ADJOURNMENT  Citizens are encouraged to sign the attendance sheet.  There being noj further business, Mayor. J.R. Garza adjourned the meeting at 6:46p.m.  ATTEST:   e  Assistant City Manager