Minutes of February 01, 2022  Pagel  The Board of Commissioners for the City of Alamo, Texas met for the Regular Meeting on Tuesday, February 01, 2022 at 6:00p.m., att the City of Alamo Municipal Building.  COMMISSION: PRESENT: Mayor Diana Martinez Pete! Morales, Mayor Pro-Tem J.R. Garza, Commissioner Okie Salinas, Commissioner Pilar Garza, Commissioner STAFF PRESENT: Robert L. Salinas, City) Manager Rick Palacios, City Attorney Michael Torres, ITI Director Richard Ozuna, Police Chief Roy Contreras, Fire Chief Rafael Tapia, AEDCI Director  COMMISSION. ABSENT:  Adelal Perez, Purchasing Alice Cano, HRI Director Sergio Zavala, Planning Director Melisa Gonzales, Special Projects Director Lori Solis, Library Director  1.  CALL: MEETING TO ORDER  Mayor Diana Martinez called the regular meeting held on Tuesday February 02, 2022 to order at 6:00 p.m. at the City of Alamo Municipal Building. Mayor Diana Martinez led the Pledge of Special Projects Director. Melisa Gonzales stated its time to sign up. for the ITT Challenge, and Mayor Diana Martinez congratulated Valerie Giselle Treviho, she stated Valerie is 11 years old daughter of Jorge Trevino and. Jessica Martinez and a 5th grader at Guerra Elementary. She started playing softball at the age of4. She was introduced: to the game she has grown to love by the Alamo Parks and Rec department. While playing with our great city of Alamo and the Parks and. Rec, Valerie along with her teammates Diamond. Divas which became the Alamo All-Stars made it to the Pony World Series 2) years in a row. representing the City of Alamo. Valerie has continued to play softball outside of Parks and. Rec making it a year round sport. She! 's been a very competitive athlete which thanks tol her hard work, she was invited to attendi the Softball Youth All American Games in Houston, TX this past December. This was an amazing experience for Valerie. Valerie and) her Teammates managed to go undefeated all the way to Championship and were definitely named Champs of the 2021 Softball Youth AlL American Games. Not only was Valerie parto ofthec championship team, but she was also recognized for) her overall great defensive plays all over the field she was awarded the AlI American Defensive Wizard Award, and has received an invitation to now go on and play with the Softball Youth AlL American. Elite Team. It is an! honor) for Valerie tor represent the great City of4 Alamo andj for ourj youth to continue to grow as athletes but most importantly having fund and loving what they do, and thanked all the students Mayor Pro-Tem Pete Morales thanked the Ms. Jessica Martinez for her volunteer time with the D. Consideration and Action to approve the minutes for the second regular meeting of CommissionerJR. Garza motioned to approve, and Commissioner Pilar Garza seconded. Motion E. Presentation by Enprotec Hibbs and Todd Regarding the Wastewater Treatment Plant Mr. Josh Berryhill gave an update regarding the Wastewater Treatment Plant Project, and discussed the. 3 changes orders that were approved along with nay delays such change orders may  Allegiance and Pastor Dino Tuttle led the Invocation. C. Presentations and Announcements  mentioned Crime Stoppers willl be officially certified on February 7h.  fort their hardi work and making Alamo lookg good.  Volleyball team. January 18 2022. carried. Project. cause.    Minutes of February 01, 2022 Page2  Commissioner Okie Salinas asked when will our employees start training?  Mr. Josh Berryhill responded we did have a meeting earlier this month and we are looking into an operative training late February or early March. We are seeing equipment coming in already Mayor Pro- Tem Pete Morales asked will there be training for preventive maintenance training,  iny which) he can7 now do walk throughs. or willo a company come in?  Mr.. Josh Berryhill responded yes, there will be training Commissioners. J.R. Garza asked when is the completion date  Mr. Josh Berryhill responded May 2022 but it will move toJuly 2022, due to change order No. 3 F. € Consideration and Action on a Resolution to approve the Temporary Street Closures on Business 83 and Alamo Road for the Texas Independence Day Parade for Saturday, Special. Projects Director Melisa Gonzales stated a resolution is a needed to submit to TXDoT Commissioner. J.R. Garza motioned to approve, and Commissioner Pilar Garza seconded. Motion G. Consideration and Action to enter into an annual Interlocal Agreement with Hidalgo City Manager Robert Salinas stated this is the annual interlocal we do every) year with the Library Mayor Pro- Tem Pete Morales motioned to approve, and Commissioner J.R. Garza seconded. H. Consideration and Action to enter into an interlocal agreement between The City of Alamo and The Office of Criminal District Attorney of Hidalgo, Texas for services Police Chief Richard Ozuna. stated every time there is a change in department head the District Attorney's office, This agreement will apply to all pending. forfeiture cases filed on or after the Mayor Pro- Tem Pete Morales motioned to approve, and Commissioner Pilar Garza seconded. . Consideration and Action to appointireappoint members to the Zoning Board of  March 5, 2022.  regarding road closure) fort the Texas Independence. Day Parade.  carried.  County for Library System services.  Services. Motion carried.  associated with forfeitures of contraband.  date this agreement is signed and will supersede any prior agreements.  Motion carried.  Adjustment Board. No action taken PUBLICI HEARING District No citizen participation  Public. Hearing on an application to rezone the S. 191.50'. -E. 220', Lot 15, Block 41, Alamo Land and Sugar Company's! Subdivision from (8031 N. Tower Road): from Single Family Residential Dwelling (R-1)) District tol Duplex, Multifamily, Townhouse & Apartment (R-2)    Minutes of February 01, 2022  Page3  J. Consideration and Action on: an Ordinance to rezone the S.1 191.50-E.220,Lot: 15, Block 41, Alamo Land and Sugar Company's Subdivision from (803 N. Tower Road) from Single Family Residential Dwelling (R-1) District tol Duplex, Multifamily, Townhouse & Planning Director, Sergio Zavala stated the site is at the NW corner of Tower Road & Nebraska. Thesurveyp providedr reflects dimensions of220x191.50.. Late last) year, we consideredar rezoning of this tract to Commercial District -that was not approved., However, the newly proposed R-2 seems more palatable. This lot is at the corner ofa collector. street (Nebraska). and an arterial (Tower Road). Being at such a juncture, a SF home is probably not the best usej for such a high- trafficked intersection. However, residential apartments would thrive at such a visible corner. To the immediate south ares some apartments that seem to be doing well. In like manner, apartments at this Gamboa site should have similar success since the logistical features are identical. Commissioner Okie Salinas asked at any time ifthey) want to build apartments can we see itprior. City Manager Robert Salinas at the moment we are only approving the rezone but we can make them show a plat note requiring site plan approval on the plat review and approval. Commissioner Okie Salinas motioned to approve, and Commissioner Pilar Garza seconded.  Apartment (R-2)] District.  Planning and Zoning approved on. January 19, 2022.  Motion carried. PUBLICI HEARING Residential. Noc citizen participation  Public Hearing to consider amending the City of Alamo's Future Land Usel Map on portions of Lots 10 and 11, Block 40, Alamo Land and Sugar Company's Subdivision; to include possible amendment(s) from Low Density (LD): Residential to Moderate Density (MD)  K. Consideration and Action on Ordinance to amend the City of Alamo's Future. Land Use Map on portions of Lots 10 and 11, Block 40, Alamo Land and Sugar Company's Subdivision from) Low] Density (LD) Residential tol Moderate Density (MD) Residential. Planning Director Sergio Zavala stated discussion and possible action to amend the City of Alamo's. Future. Land Use Map (FLUM) on a portion ofproperties out oflots 10and 11, Block 40, Alamo land and Sugar Company's Subdivision; adjustments may include, but not be limited to, possible amendments from. Low Density. Residential (LD) to Moderate. Density Residential (MD! This item is being presented because there has been as substantial plat filed where the proposed land uses were not quite in alignment to the broad strokes of Alamo's. Future Land Use Map (FLUM).. As noted on the agenda item, this assessment is limited tot the confines of1 Lots 10and 11, BK4 40 only. The perimeter areas of General Commercial (GC) along SH4 495 are consistent tot the commercial land uses along a substantial portion of this. 7-lane major thoroughfare. Although therei is aj portion of GC that is proposed for multi-family residential, the GCs should remain 'as is' (should the plat noth bei recorded). Now, on the remaining non-GC portions ofLots 10and 11, this is currently shown in yellow as Low Density (LO) residential; equating to a single-family residential land use. This area has been dormant for many years and, although there have been several inquiries made in 2021 alone, no one has pursued development likely because: 1) the immense investment required due to the low lack ofi infrastructure. A. 12", water line is mandated. all along. SH 495, and the lack ofs sanitary sewer; and, 2) when seeing that the. LO (SF homes) is the design envisioned. Staff Recommendation: In consideration of the abutting MDs, the typical stair-step model of having MD land uses next to the GCI found along major streets, and the incidental need to extend extensive infrastructure to the area to magnify city services, the MD is recommended to replace thel highlighted. LD on Lots 10 and 11; the GC along SH 495 should remain 'as is'.. Planning and Mayor Pro-Tem Pete Morales motioned to approve, and Commissioner. J.R. Garza  Zoning approved on. January 19, 2022.    Minutes ofF February 01, 2022 Page4  L. Finall Plat. Approval forl Lal Barca Estates, 39 Acres being thel N. 660' of Lot 230 and the S. 627' ofl Lot 227, Hall & Fifield Tract (ETJ); Developer is Comarex Limited, LLC; the Planning Director Sergio Zavala stated thel ETJsubdivision is approximately 700'7 north of Moore, along the east side of Border Road. The intent is to develop the. 39acres into 57 lots where the lot widths are 84'/82, and their lot depths are at 271' =Vtacre lots. The 57 lots will be applied the $300/ot parkj fee, too. NAWSC SEWER: The intent is to use septic tanks. This is in NAWSC's sewer CCN. NAWSC WATER: Looped 8" water lines with 6fire) hydrants are provided. Abiding by the 'to & through' policy, 8" water lines are. stubbed to the perimeter north of all 3 streets. Water District Exclusion is also needed via policy. STREETS: AlL 57 residential lots will be accessed through a. 3-street system that meet thes standard. SO'ROWE32'B-B! paveds street section. Section 11-3-13 mandates a 1000' block length; thus, the N-S street is stubbed to the north (to be extended by adjoining others whent theyplat). However, the southern row ofLots 43-57, will remain al bit longer than the 1000' Block maximum; thus, a variance is needed. Seeing that lots in AKC Subdivision already exist tot the south as well as a 100' ROW drainage detention pond, staff does not object varying, from the 1000' Block length rule. Street lighting will meet the County of Hidalgo's policies. Street naming via the alignment policy will be complied with as Planning has already worked this out with the project engineer.. Also, the widening of the perimeter Border and Whalen Roads need to be built or escrowed -this may. be a condition of approval. DRAINAGE: storm water will be diverted to the southern/new 100' ROW ditch (HCDD#! will own it). The streets' surface flow will divert water into the inlets; which will then be carried to the detention pond by 24" and 36' storm lines. The HCDD#I has already approved ofthe drainage report. Staff Recommendation: Approval subject to no objection to the block length as explained above; widening oft the perimeter. streets (or escrowed); and. meet typical. subdivision policies. Mayor Diana Martinez. stated many subdivisions are using that detention pond Planning Director Sergio Zavala responded yes, required by the county drainage district Mayor Pro-Tem Pete Morales motioned. to approve, and Commissioner JR. Garza seconded.. M. Consideration and Action on Ordinance to Amend' Title 10-Zoning Regulations, Chapter 9 (Commercial District) and Chapter 10 (Industrial District) to include 'Business Recycling Facility' as a new 'Conditional Use' in these zoning districts; and amending Title 10, Chapter 13-Conditional Use Permits by establishing compliance criteria for: a Planning Director Sergio Zavala stated The City of Alamo has been approached by an entrepreneur that desires to establish a Business Recycling Facility (BRF) along a State thoroughfare. The operation would have its modifying &. sorting equipment within an enclosed building, would temporarily have piles of modified items in its enclosed. storage yard, and would be visually pleasing. Since it would have a global market, the business would be a perpetual business staple for Alamo. In review of our current zoning (land use). regulations, there was no verbiage thatg quiter matched the 'recycling' intent. Thef first thing to consideri is whetheran recycling facility should be developedi in Alamo or7 not?'l Ifthe answer is yes', then the regulations ofcriteria compliance are vital because this will result int the actual effecto oft the Business Recycling Facility (BRF). In this vetting analysis, it was thought best to process any BRF request through public hearings ofaj filed Conditional Use Permit, to allow, full transparency. As you know, the CUP process provides the surrounding area's citizenry to voice their concerns & for the applicant to address/resolve: their questions. This CUPC cycle also provides the Planning & Zoning Commission an opportunity to fully assess the proposal (site plan, the operational guidelines, structural With this mindset, thej following criterion is) proposed to conditionally allowal Business Recycling  Project Engineer is Nain) Engineering, LLC.  Motion carried.  'Business Recycling Facility'.  aesthetics, fence buffers, landscaping with accent lighting, etc.).  Facility (BRF):    Minutes ofFebruary 01, 2022  Page5 5  Defines what a' Business Recycling Facility' is, ie., "a commercial venture that processes, cuts, reduces, or modifies materials to a degree that it may facilitate the item to be stored and then transported offsite for recycling purposes. Such items may include, but not be limited to, precious or semiprecious metals, plastics, paper, canvas,, fiber, etc." Included in the Commercial (C) and in the Industrial (M): zoning districts as a conditional Size ofsitet to be along a State HWYC or adjacent tot the railroad. Site must be a minimum of3+ acres; must bet min. 1000' to any other recyclingfacility. Thes specific recycling ofmaterial must be within an enclosed. building. The specific recycling of material must be a min. distance of 200'4 to residential areas. Requires at tenj foot (10) solid buffer) fence for the storage areas. Buffer fence to be! pre-cast concrete wall panels, concrete masonry, wood. : no aluminum. sheet type buffer will be permitted. In the front' area of the fence buffer, ity will have accent lighting at 25/-35'i intervals. this accent lighting will enhance the optics and deflect from any temporary piles that may breach the buffer's height. Along with the buffer fence, landscaped. shade trees required to be a minimum height of 15'with a 6" caliper spaced at approx 25' intervals from each other. Ifthe trees are damaged (freeze, etc.), then the tree must bei replaced w/in. 30 days. Internal driveways within the stored areas to be all-weather surface. : these will be buffered) from public view but will provide emergency access to storage area. should that Comply with the Noise Ordinance as this ordinance may be amended, from time to time. Any security lighting of the BFR will have downcast lighting to avoid light pollution to Paves sidewalks along any perimeter. streets thatl may lack this amenity. Provide a detention plan prepared by aj professional engineer; said plan required at the The city reserves its right) for on-site monitoring inspections to assure compliance to  use (mandates a CUP to be vetted/awarded).  need arise.  spray over any pre-existing residential areas. initial building permit's issuance. prevailing building, fire, and CUPzoning codes. Mayor Pro-Tem Pete Morales asked can it be more than 200 Planning Director Sergio Zavala respondedy yes  Mayor Pro-Tem. Pete Morales stated we are having an issue with recycling centers Planning Director Sergio Zavala responded we can do. 300-400 as long itl has access tos state road. Commissioner Okie Salinas asked will we run an issue ifit runs into ai residential zone? City Manager Robert Salinas responded no, but it will cause the building to move the north. At Planning Director Sergio Zavala responded what we arel looking ati is not 200' to the property line Commissioner Okie Salinas stated we. just have to be fair with everything, it will be with a  200 we can. still be clear.  to the actual) home. We can do. 300' to bej fair.  conditional: use permit. Motion carried.  Planning Director Sergio Zavala respondedyes  Mayor Pro-Tem Pete Morales motioned to approve, and Commissioner JR. Garza seconded.  N. Consideration and Action on Ordinance to Amend Title 7. -Public Ways and Property, Chapter 6 -City Parks, Section 7-6-1 Usage Rates, by adding an optional provision to consider allowing personal service business providers to pre-pay ordained fees, and to sign an Agreement/Hold: Harmless document to use a City Park Pavilion.    Minutes of February 01, 2022 Page6  Planning Director Sergio Zavala stated attached please find an ordinance that proposes to amend Section 7-6-1 on a pavilion's use & fee rates. Thej following bullet points reflect the observations CURRENT code allows the city's pavilions to be used by a person or group at a cost; there are no restrictions on who or what may use the city pavilions. NEW: the code needs to be tightened-up to refine what sort of business use (personal services, e.g., zumba, exercise, karate, etc.) may be permitted; and which business uses are NOT permitted The current code already has approved. fee rates but does NOT disclose how long?' For example, a resident may CURRENTLY rent the pavilion from 10 am to 10 pm (12 hrs.), for $40. Theoretically, the pavilion would not bec able tol bet used all day long by the general public other than the residents' guests. NEW: The draft ordinance recognizes the $40 rate but now limits its usej for a max. 61 hour interval+ $10/hr. over the initial 6 hrs. The non-profit group Except for the Sports Complex Park Pavilion (2550sq.) ft.), the smaller pavilions (1250-1500 sq.f.) can be rented by aj personal service Alamo business for $20/hour for max 3 hours; a The Sports Complex (2550 sq.. f.) Pavilion's rental rates for an Alamo resident, a non- resident, and a non-profit group, were approved by the Commission on. 5/5/2015- this action would lock-in this large pavilion) from 100 am to 10! pm. Again, the draft ordinance would limit this pavilions' usef fora 6h houri interval+ $10/hour over the initial 6hours (NOTE: non-profits NEW: The Sports Complex pavilion's rate forp personal. service businesses are proposed to be: Alamo business= $30/hour (max. 3 hours). Non-Alamo business= $40/hour (max. 3 hours). NEW: explicitly expresses that the City will retain the 825 deposit if park area is left in NEW: rental requested at least 3 weeks lead time (so park staff may assess NEW: no one who rents a pavilion willl be able tos sub-rent the same pavilion to another party. NEW: City. has inherent right to approve or disapprove any application based on. seasonal NEW: administrative policy will mandate that the rental party sign an. Agreement that for such! pavilion use, whichs said Agreement includes a holdh Aumlesyindemm.feaution ofthe City. City Attorney stated to add an age limit for rental for example 21 and over, it can be something Planning Director Sergio Zavala responded if) you are inj favor of the ordinance we can approve  & adjustments on the: subject ordinance:  (oolbeverage/retalls sales).  may continue to rent itj for $30/day.  non-Alamo, proprietor would pay $30/hour for max of3) hours.  willl be exempt). disarray. schedluling/comflcts).  usage oft the pavilion, public events, etc.  important to add to the ordinance.  subject to the City Attorney input ont the agreement.  Commissioner, J.R. Garza asked and thej fee is $40 and a 810 deposit  Planning Director Sergio Zavala responded yes, a $25 deposit and ife everything is in order they City Manager Robert Salinas stated this will allow) for outdoor exercise individuals who already Commissioner Okie Salinas motioned approval with City Attorney recommendations, and 0. Consideration and Action on Ordinance to Amend Title 7 -Public Ways and Property, Chapter 6 -City Parks, Section 7-6-2 Restrictions and Regulations, by updating park policies of general usage including parking guidelines, declaring inherent hold harmless status of city parks, no glass containers, responsible dog presence restrictions, alcoholic beverage consumption: regulations, prohibiting patron activities that are unsafe/harmful, and delegating authority to the City Manager's Office to discern and decide whether an  will get the deposit back. charge to utilize the ared.  Commissioner. J.R. Garza seconded.. Motion carried.  unforeseen activity is appropriate.    Minutes ofF February 01, 2022  Page7  Planning Director Sergio Zavala stated attached is an ordinance that proposes to amend Section 7-6-2 regarding updates to the general land use and activity at city parks. The following bullet  points reflect primary adjustments on the current code:  Re-wrote subsection (C) since the current verbiage was a bit challenging to understand. The proposal clarifies where patrons should park, and not park; also, any parking along public streets will be done at the patrons' own risk and obedience to localt traffic codes and Added to subsection (D) an important indemnification provision regarding the general status ofa 'City Park's grounds. maximizes protection to the City and city officials. Added tos subsection (E) the provision that any damages under any circumstances shall be the responsibility oft the person, to also include their pets ifthe animal causes any damage, Added NEWS subsection (H) prohibiting glass containers at public parks. Added. NEW: subsection ()(a)(b)(c) regarding responsible hygienic care ofp park grounds by patrons regarding any pets they may have (bowel movements). ADA commoatboharuning by the City is expressed regarding assigned/irained dogs Added NEW subsection (J) regarding no consumption of alcoholic beverages during schediledorganized athletic events; and prohibiting persons to become intoxicated by Added NEWS subsection (K) to) prohibit any person to conduct themselves in a manner that is abnormal or unsafe when using a parks' amenities other than what they were designed Added NEW subsection (L) to provide a 'catch all' provision to delegate the authority to the City Manager's Office the ability to assess, discern, and determine whetherap particular activity is lawful or noti in a city park. The City Manager will take the input of the Parks & Recreation Director's into consideration during such needful circumstances. Commissioner J.R. Garza motioned to approve, and Mayor Pro-Tem Pete Morales seconded. P. Consideration and Action on: an Ordinance to Vacate and Abandon the western One and one-halffeet (1.5')ofa Seven and one-half foot (7.5)drainage easement in Lot 63,Tower Planning Director Sergio Zavala stated a building permit was issued for Lot 63, Tower Landing Iinl May 2021. Thes sides setback. showed a 6's side setback and the permit was cleared by Planning Department. Planning was alerted on the afternoon of1/28/22 that the home was built at 6't to the side lot line; being a 1.5'infringement over the side 7.5' drainage easement.. Ifthe 1.5' is abandoned, the storm line wills still be in a 6.0' easement. The storm line is on the property line Mayor Pro-Tem Pete Morales motioned to approve, and Commissioner Pilar Garza seconded. CITIZEN: PARTICIPATION: Five minutes per person with: noi response from the City Pastor. Dino Tuttle suggested toi increase youth participation in local government.  fire codes.  too.  assisting the handicapped.  alcohol or other stimulants via prevailing Penal policies.  to provide.  Motion carried.  Landing Subdivision! Phase II.  thus being at least 5'to the home still.  Motion carried.  ADJOURNMENT  Citizens are encouraged to sign the attendance sheet.  There being noj further business, Mayor Diana Martinez adjourned the meeting at 7:17pm  Ay  ATTEST: ada Alexandra Rangel, Cty Secretary  11