Minutes of November 01, 2022 Pagel The Board of Commissioners for the City of Alamo, Texas met for the Regular Meeting on Tuesday, November 01,2022 at6 6:00 p.m., att the City of Alamo Municipal Building. COMMISSION! PRESENT: Mayor Dianal Martinez Pete Morales, Mayor Pro-Tem Okie Salinas, Commissioner J.R. Garza, Commissioner Pilar Garza, Commissioner STAFF PRESENT: Robert L. Salinas, City Manager Cris Palacios, City Attorney Richard Ozuna, Police Chief Roy Contreras, Fire Chief Rafael Tapia, AEDCI Director Lori Solis, Library Director Michael Torres, ITI Director COMMISSION. ABSENT: Sergio Zavala, Planning Director Alex Oyoque, Museum Director Ronnie Cruz, City Engineer Julio Villareal, Public Works Director Yvette Mendoza, Financel Director Melissa Leal, Water Billing Supervisor Alexandra. Rangel, Assistant Cityl Manager Adela] Perez, Purchasing Agent 1. CALL MEETING TO ORDER Allegiance and Pastor Tuttle led the Invocation. C. Presentations and Announcements Mayor Diana Martinez called the regular meeting held on Tuesday. November 01, 2022 to order at 6:00 p.m. at the City of Alamo Municipal Building. Mayor Diana Martinez led the Pledge of Savannah Lermas stated A Perfect Bodyribbon cutting willl bel held tomorrow at 10am, the Veterans Day Ceremony will be on November 11h at 9am, Prayer Brealfast at Winter Ranch at 8 am, Toy Drive has officially started and boxes will be within Fire Station number 2, City Hall and Alamo City Manager. Robert Salinas announced: the Museum Symposium starting on November 3&4, and the small reception Thursday at 6pm. Also, a closing ceremony. for flag, football and volleyball Chamber. happening this Wednesday at 6pm at the Alamo Youth Center. Commissioner Okie Salinas thanked the staffi for the Halloween event Mayor. Diana Martinez thanked. Lori Solis and the volunteers for the event as well Mayor Pro-Tem Pete Morales thanked the staff and foodbank for the food drive we had earlier D. Consideration and Action to approve the minutes for the second regular meeting of Commissioner J.R. Garza motioned to approve, and Commissioner Pilar Garza seconded. City Manager Robert Salinas stated he spoke with Dr. Arredondo and. stated they will not be able to attend today' s meeting. However, he was given a. sample of the park in Alamo Middle School. It seems to have outdoor learning activities, as welli iti is a community park. We asked this week. October 18, 2022. Motion carried. E. Presentation by PSJA regarding the Alamo Middle Schooll Park. for an could MOUL be presented int the future, and. Dr.. Arredondo Commissioner J.R. Garza asked why wasn' tanyone able to come in? City Manager Robert Salinas responded he was not given an explanation. Minutes of November 01, 2022 Page2 MOU. know. Commissioner Okie Salinas stated he spoke with him earlier and stated they will work on an Mayor Pro-Tem Pete Morales asked for the map to be posted online for the community to F. An Update and Discussion Regarding the Wastewater Treatment Plant Project. Josh Berryhill gave an update on the wastewater treatment plant, preparation, for closeout Mayor Pro-Tem. Pete Morales asked are we going to blacktop the whole area? Josh Berryhill responded no, itis all weather surface, 101 inches of crushed rock CommissionerJR. Garza asked regarding on the warranty, does it begin during acceptance? Josh Berryhill responded as for the SBRS it would be the start of the basins, afier testing and winter 2022/spring 2023. starts of the plant and after everything is okay the warranty will. start. G. Presentation of the. Alamo Chamber of Commerce Annual Report Savannah Lerma gave an update onj year 2020-2021 annual report. Mayor. Diana Martinez asked what were the earnings for the watermelon festival Savannah. Lerma responded. she does not have the exact cost, but that cost is within the total H. Consideration and Action on a Resolution to: approve the Temporary Street Closures on al Portion of 9th and' 7th and from] Main to Austin Ave. for Veteran's Fest 2022. City Manager Robert Salinas. stated on November 11th we will) have a Veteran' 's Run, this route willl be as shorter route than those in thep past. It wills start on Main street to 7th down to Mayor Pro-Tem Pete Morales motioned to approve, and Commissioner. J.R. Garza seconded. City Manager. Robert Salinas stated before) you is ai request to increase the 2022-2023 paving budget in order to complete the re-paving of several streets., Due to rising costs of paving material, we are not able to do as many streets as anticipated. For this fiscal year we are expenses. Austin andi to g"h. Motion carried. Consideration and Action on a Proposed Increase in Paving Budget proposing thej following. streets: Stensbo- -From Alamo Rd. to 13thSt. Citrus -From Alamo Rd. to 13th St. 1lth. St. -From Duranta to Stensbo 12th. St. -From Duranta to. Stensbo Austin. Ln. -From Alamo Rd. to 12thSt. 12th. St. -From Business 83 to Crockett St. The money we would be using would be from left over. funds of the 2020 CARES Act Reimbursement, Funds which is7 now in our reserves. The total budget amendment would bef for at total of$75,000. This) will allow us to complete all of the aforementioned. streets for FY22- 23. These will not be all of the, streets that will be re-paved, please recall that we will be re- paving many other streets, using Urban County Funds, that fall within our Low-mod. Pct. Commissioner Okie Salinas asked can we have a7 map oft the streets that have been paved? Areas. Minutes ofNovember 01, 2022 Page3 City Manager Robert Salinas responded) yes Mayor Diana Martinez asked regarding Commissioner, Fuentes responsej from Ridge Road to City Manager Robert Salinas respondedi no, att this7 moment he will be askingf for help for Ridge Mayor Pro-Tem Pete Morales asked regarding Palmview. Rd. will this road be placed on the City Manager. Robert Salinas responded he will look into itifthe roadi is low mod area, ifnot Border Rd. Rd. and Moore Rd. list? he wills see ifit can be towards the end oft they year. City Manager Robert Salinas respondedj yes City Engineer Ronnie Cruz responded no CommissionerJR Garza asked ifs Stensbo is next to the car wash? Commissioner Okie Salinas asked City Engineer ifhis drainage project will affect the roads. Commissioner J.R. Garza motioned to approve, and Commissioner Okie Salinas seconded. J. Consideration and Action to approve the Lamar contract for the advertising of Alamo City Manager Robert Salinas stated this is annual Lamar contract with 2 locations one in Motion carried. hotel/motels. Alamo and in Weslaco. CommissionerJR. Garza asked can we change the picture out? City Manager. Robert Salinas responded yes CommissionerJ.R Garza asked ifhec can get) with Heriberto to change the picture. Commissioner Okie. Salinas asked can we look into this amount of $58,000 and see ifwec are City Manager. Robert Salinas respondedj yes, he asked ifthe commission wishes to approve getting our return on investment. and wait fort the numbers or table the item. Mayor Pro-Tem. Pete. Morales asked when is contract due? Heriberto Perez-Zuniga responded on the 14h Mr Perez -Zuniga to ask for an extension. City Manager. Robert Salinas responded and our nexti meeting is on November 151h, he asked Mayor Pro-Tem Pete Morales motion tot table, and Commissioner Okie Salinas seconded. K. Consideration and action to replacere-appoint members to the. Alamo Parks and Motion carried. Recreation Board. Commissioner, J.R. Garza motioned. to remove. Miguel Contreras and appoint Luis Magana, and Commissioner Okie Salinas seconded. Motion carried. Minutes of November 01, 2022 PUBLICHEARING Page 4 Public Hearing on a proposed Renewal of a Conditional Use Permit for a Mobile Food Vendor Court on Lettered Lots (Alamo) ANN IRR TR E. 835.09' -N. 196.35', ADJ to Railroad, Lot G, 3.38 AC. NET being located at 103 N. Tower Road, Alamo, TX; Zone is Planning Director Sergio Zavala. stated the. 3+ acre. site is at the, SW corner of Tower Road and Railroad. Avenue. Iti is an irregular-shaped tract, and has driveway access from Tower Road, and throughout its frontage to Railroad. Avenue. There are perimeter sidewalks along Tower Road, too. As observed in the aerial exhibit, therei is one elongated business structure withs several offices that will house the primary restaurant with restroom availablej for patrons. We note that there are 65 paved parking spaces that are mostly available, ie., the warehouse to the, SW La Bodega) has 50 occupants but they close at 5 pm; thus, the 4 spaces can then be used by the restaurant's staff Driveway access willl bej from Tower (1-way entry), andi wrapping around the structure ande exiting northward to Railroad Avenue. The landscaped 3' hedge is still non-existent along Tower; however, some effort has recently been made in having plants along Tower-Staffy will monitor the area to see ifthey willz reach the. 3' height mandated. by Code. The site plan. shows 6f food vending stations where the days/hrs. ofoperation were amended to Wednesday thru Sunday, from 6pm to midnight. All food vending trailers are inspected, secure their own business license, and are on a paved surface, too. AII food vendors will be subject to random monitoring, too. The prevailing ordinance also! prohibits no oudpealkeryamplfeation or strobing lights as itz relates to the mobile Commercial (C); Applicant is Zoo Weel Mama, LLC( (Roel Landa) food court. Roel Landa stated thanked the community. for their success after aj year. L. Consideration and Action on an Ordinance tol Renew ofa Conditional Use Permit for a Mobile Food Vendor Court on Lettered Lots (Alamo) ANN IRR TR E. 835.09' -N. 196.35', ADJ to Railroad, Lot G, 3.38 AC. NET being located at 103 N. Tower Road, Alamo, TX; Zonei is Commercial (C); Applicant is Zoo Wee Mama, LLC (Roel Landa) Mayor Pro-Tem Pete Morales motioned to approve, and Commissioner J.R. Garza. seconded. Public Hearing on aj proposed Conditional Use Permit tos sell alcoholic beverages for on-site consumption in an' 'Entertainment Establishment' being the proposed 'Cantina dell Diablo' on Lots 9-11, Block 2, Cabana South Subdivision being located at 916 W. Frontage Road, Planning Director Sergio Zavala stated he received notice about an hour prior the name change to Cantina De Mario. In addition, the commercially zoned site is approximately 1000' east from. Alamo Road, along thei norths side oft the Expressway's/ Frontage Road. The property has an existing commercial. structure that not long ago (2020) had a cantina lounge use. Though it has a driveway parking spaces will NOT be used for parking but are desired as a seating area. for patrons to congregate. Staff has not received the proposed. site plan showing the# of tables, chairs, etc., for this outside dining/drinking concept. There are 6A parking spaces to the rear oft thes structure- -these 6spaces are earmarkedj for Staffs use. There are. 13 others striped/paved. spaces thatt the warehouse uses tot the adjoining west. The. south-facing parking spaces are infringed upon by grass & should be maintained to have the min. 18' parking space length (IPMC). The same person owns both the proposed bar and the warehouse; but still, weld need the written consent ofusing the warehouse's parking for the Cantina del. Diablo's patrons. Driveway access to these parking spaces is from the Frontage Road. We note that the rear. yard area to the Cantina has a 6' wood fence bufer; and there is no gate to access the alley to the north. This alley also. serves the residences to the north. The proposed days and hours of operation. arej from Spm to 2am. The warehouse to the adjoining west closes at bpm (as staff was informed). Thus, the parking spaces willl bef freed up entirelyab bit after 6pm; thus, it appears that the parking plan is satisfactory (again, pending written consent from the owner). There are noj fire) hydrants in the immediate. area. Inj fact, there are no water lines along the Frontage Road. The closest hydrant is approximately. 1000' tot the west. Inc assessing this with the Fire Marshal, ifthe city isi inclined to approve it, itmay be conditioned upon the applicant Motion carried. PUBLICHEARING Alamo, TX; Zonei is Commercial (C); Applicant is Mario Zuniga off oft the Frontage Road, the. 3s striped Minutes of November 01, 2022 Page5 5 providing the cost of1j fire hydrant to be held in escrow; thus, if and when the water line is installed, the city may use the escrowed funds to install the hydrant. Planning's Ist recommendation is DENIAL the Cantina del Diablo should. be AT LEAST 300' from nearby homes - 21 homes w/in 300. Ifallowed to operate, the PD can expect calls to respond to typical Abide by the City's Noise Ordinance; be noise-vigilant esp. during special events. Required LANDSCAPING TREES/SHRUBS along the Frontage Road (1 tree/30' +3 Comply with prevailing TABC licensing; anyf foods sold requires food handlers' cards, too.. 4. Have the appropriate staffs secure the reguired food-handler's health certificates. 5. Have professional. security after 10pm evening hours; secure business license. Provide written consent onz using warehouse parking; remove grass fromi re-stripeds spaces. 7. Escrow Ifire hydrants' cost; tol be used when city or others install ai min. 8" water line. Secure variance from ZBA on. 300' distance; ifnot approved, CUP is7 null and void.) City Manager Robert Salinas asked ift the calls referenced arej from the past business issues faced by a similar bar that once operated at the same location. 1. 2. 3. 6. 8. hedge. shrubbery). Planning Director Sergio Zavala responded yes Commissioner J.R Garza askedi is this commercially: zoned Planning Director Sergio Zavala responded) yes Planning Director Sergio Zavala responded yes Mayor Pro-Tem Pete Morales asked if the 3i incidents werej from the past 2j years Commissioner Okie Salinas stated perhaps these requrements are al little much Planning Director Sergio Zavala responded these are what is best) for the city but we can modify Aldo Romero stated since he has lived there, there have been. several occasions of disturbance Commissioner Okie Salinas asked when was this location was approved as al bar? the requirements. even though police have been called. City Manager. Robert Salinas responded about 5-6) years ago. Commissioner Okie Salinas stated in the future for citizens to report loud noises to avoid these Mario Zuniga stated he is trying to. start a business to call his own, and he is willing to work with issues. the city. Mayor Pro-Tem Pete Morales asked this will be good for one year Planning Director Sergio Zavala responded yes Aldo Romero asked whati is the cut oft timej for loudi music City Manager Robert Salinas responded. 11PM Mayor Pro-Tem Pete Morales asked ift the building was sound proof? 6months and 81 will be removed. This will bet taken back to ZBA Commissioner Okie Salinas asked when will this be? Planning Director Sergio Zavala responded no. In addition to the conditions, 1 willl be changed to Planning Director Sergio Zavala responded as soon as the application is submitted then we can bring before ZBA. Minutes ofN November 01, 2022 Page 6 M. Consideration and. Action on: an Ordinance fora a proposed Conditional Use] Permit to sell alcoholic beverages for on-site consumption in an 'Entertainment Establishment' being thej proposed 'Cantina defDiablo' on] Lots9 9-11, Block 2, Cabana South Subdivision being located at 916 W. Frontage Road, Alamo, TX; Zone is Commercial (C); Applicant is Mayor Pro-Tem Pete Morales motioned to approve the CUP for 6 months and Commissioner N. Final] Plat Approval of Alamo Point Subdivision, 11.09 Acres ofLot 6, Block 37, Alamo Land & Sugar CompanysSuabdvision; Zonei is Commercial(C); Developeri is RSTTexas Planning Director Sergio Zavala stated the 11.09 acres are located toward the, SE area of the Expressway/Tower. Roadi intersection, ie., east and south of the new Stripes store site. The) plat dedicates an additional 5' ROW for Tower Road (as had 7-11); and is dedicating an additional 10' ofl ROW for Duranta to equate to 40' ROW centerline. The plat shows 81 new commercial. lots with all lots having (or to have) paved public street frontage. The new 717'd ofNorth 4th Street shows a 50' ROW with abutting utility easements; where the pavement. section willl be between 38' to 40' B-B. 5'sidewalks willl be required along all street frontages during the building permit process. Ons water, new 8" lines willl be extended as shown on the marked utility map. All new water lines willl be looped. Also,five (5), new fire hydrants will be installed pursuant to the direction On sanitary sewer, new 8" sewer lines will be installed to serve all the lots. The plan has Thec drainage report has been approved by the HCDD#; on-site detention will be required The street lighting plani is enclosed. On the new. North 4th Street, 5 street lights ares shown. There are existing street lights along the. south side of Du rants; thus, no lights are neededi in this area. However, there is a need to install. 21 new: street lights along the Frontage Road (NE Mario Zuniga Okie Salinas seconded.. Motion carried. Reall Estate, LLC; Project Engineer is CLHI Engineering, Inc. oft the Fire Marshal. been reviewed by Public Works and Engineering. it) has been approved. on a) per lot basis &i will be met during the building permit process. stretch). Staff Recommendation: Final Plat Approval subject to: meet all other prevailing. subdivision codes and policies. 1) meet. street lighting Code; 2) water district exclusion; Motion carried. Mayor Pro-Tem Pete Morales motioned to approve, and Commissioner. J.R. Garza seconded. O. Discussion and Action on an Ordinance to Update Title 11 'Subdivision Regulations', Section 11-3-7 (A)0) and Section 11-3-8 (B) to reflect the correct State agency being the Texas Commission onl Environmental Quality' (TCEQ) on approvals needed for water Planning Director, Sergio Zavala statedi in Alamo's Code of Ordinances, as cited in the above caption. Briefly, the former names of 'State Department of Public Health' and 'Texas Department of Health' and the Texas Water Commission' need to be updated to the Texas Commissioner Okie Salinas motioned to approve, and Commissioner J.R. Garza seconded. P. Discussion and. Action on Ordinance to Amend' Title: 3' 'Business & License Regulations', Chapter 3 'Mobile Food Vendors', Sections 3-17-3 (B)(12)(b) and (c) toi increase the# of mobile food vendors in al Mobile Food Court setting & toi increase the 10,000 square foot Planning Director Sergio Zavala stated the City of Alamo's Mobile Food Court Ordinance requires no less than 4 and no more than 61 mobile food vendors in any mobile food court &s sanitary sewer plans. Commission on Environmental Quality (TCEO). Motion carried. lot criteria proportionate toi increased food vendors Minutes of November 01, 2022 Page7 setting (as approved through the required Conditional Use Permit process). After a business owner asked if the City could consider increasing the number of such vendors to eight (8), P&ZI hadad discussion item on thisl possibility. Aferafavorable. consensus, the item was) placed on al P&Z agenda for formal discussion and action. For the 6f food vendors in a min. 10,000 sq.f. site, this equates to. 1666 sq-. f. per vendor. When keeping the 1666 sq.) f./vendor as a minimum threshold to provide al bit more elbow space between vendors and the dining public, then a 7th vendor would equate to a min. 11,666 square feet; and ifan applicant proposes 8 vendors x 1666 sq. f.= 13,328 sq. f. (or rounded off to 13,400 sq- f. Planning's Recommendation: No objection to increasing the max.# of food vendors to 8 but via the following: 4 -6 vendors= 10,000 Sq-f: ff7 vendors, then min. 11,666. sq.f. site; and if8 Commissioner Okie Salinas motioned to approve, and Commissioner J.R. Garza seconded. Discussion and Possible Action on an Ordinance amending" Title 3 'Business and License Regulations' Chapter 12 'Garage, Yard, and Porch Sales', Section 3-12-1 'Definitions' to enhance legitimacy of bona fide personal items tol be displayed For Sale and providing sanctions thereof; Section 3-12-5 'Sales in Certain Areas Prohibited' to establish accountability of the garage sale permit holder for having incoming patrons park in' 'No Planning. Director Sergio Zavala stated attached please find an ordinance that would amend the current garage sale code to enhance) focus on legitimacy of personal items to be sold. If infractions are clearly evident, then the garage sale permit can bei immediately revoked; and an attending police office may issue a citation to the permit holder for continuing a garage sale without a valids garage sale permit. Iftherei is a 2ndi infraction to the same violation (of displaying non-personal items) within 12 months of being cited the Ist time, then upon a 2nd citation may be issued; andi the privilege to secure garage sale permits shall be suspended for the next three permit cycles, even ifs said tenure rolls over to a new calendar. year. Also, for areas that have 'Nol Parking' zones clearly marked, no person can legally park thereon during ag garage. sale event. Ifthisi is the case, the driver ofs said vehicle shall be held accountable, of course. This ordinance also declares that the garage permit holder shall also have an assumed measure of responsibility since it is his/her garage sale that is inviting people to the neighborhood. The permit holder must be vigilant that their patrons not park illegallybecause it places. the entire neighborhood at risk by) having reduced traffic lanes, ie., Ist responders will bei impeded fromi morej freely accessing ane emergency event.. Ifthis occurs, thent thes garage sale permit holder can be cited, and the privilege to secure future permits shall be suspended for the next. 3 garage sale permit cycles. These are reasonable amendments, and the sanctions are sufficient. to sting operators into compliance and to re-establish maximum safety to the vendors proposed, then min size to be 13,400sq.f. Motion carried. Parking' zones and providing sanctions thereof surrounding residential neighborhood. Commissioner Okie Salinas motioned to approve, and Commissioner Pilar Garza seconded. R. Discussion and Action on an Ordinance to Amend the Code of Ordinances' Title 1 Administration', Chapter 6 "City Officers and Employees', Section 1-6-4 Personnel Policy Guidelines" by adding a new Section 9-A "PD Communicatio-Reahing Planning Director Sergio Zavala, stated this will be a new page in the personnel policy the States what the typical communications protocol is at the PD, ie., normal chain of Should there be a circumstance where a PD: employee has voiced a concern/grievance within the PD: structure and it remains un-resolved. or not corrected, the PD employee will Motion carried. Concerns/Grievances' following information has ben added. command. structure have the right to directly approach the City Manager's Office to air the Minutes of November 01,2022 Page8 concerm/grievance and the processes exhausted. to resolve the issue. After the PD employee has discussed the matter within the PD structure and the City Manager's office, then helshe may directly approach any member of the elected Board of Commissioners to further air the concer/grievance. However, the Charters' language is stressed that it shall remain the City Manager's decision to take final action on the This new policy should establish aj friendly and open dialogue between the PD employees Commissioner Okie Salinas asked what will change inj your current open-door policy City Manager Robert Salinas responded. it does not, but it allows correction towards the PD Policy making easier fore employees from the Police Department: to be able to come, speak to Commissioner Okie Salinas motioned to approve, and Commissioner J.R. Garza. seconded. S. Discussion and Action on an Ordinances to Delete Title 7 'Public Ways and Property', Chapter34 Community Center' from the. Alamo Code of Ordinances; and replacingitby a new Chapter description being Chapter 3 'Civic Use of City Facilities' Deletes the current Chapter. 3' 'Community Center'; there is no community center anymore but converted into the Alamo Museum (now existed since 2015). This new chapter discloses that the city) has many city) facilities that are intended to serve There are many civic organizations; non-profits, and religious/school groups that may The current process is to have each and every agency approach the Board of Commissioners, for permission to use said facilities. To facilitate the process, the Board will delegate the authority to approve or disapprove the request by such civic groups to the office The ordinance disclosed criteria that Management willz use to discern appropriateness. The ordinance requires the City. Manage to provide an annual report in January of the preceding years' activities that were authorized & how: such events were conducted. The ordinance makes specific mention of the Chamber of Commerce in having the fees waived. since the CCis directly linked to the. strengthening the city's economic vitality. The ordinance will be a benefit to all civic or non-profits by streamlining the consent Mayor Pro-Tem. Pete Morales askedj just tor make sure, they have to be a 501(c). 3 to use it. concermgrievance. and MangemeatAdminination me if they) have a concern. Motion carried. Planning Director: Sergio Zavala stated: the general public's good. approach the city from time tot time to temporarily use the city's facilities. oft the City Manager. process. Planning Director, Sergio Zavala yes seconded. Motion carried. Mayor Pro-Tem Pete Morales motioned to approve, and Commissioner Okie Salinas CITIZEN PARTICIPATION: Five minutes per person with noi response from the City Commission. Residents must sign up prior to the city meeting. No citizen participation I. ADJOURNMENT Citizens are encouraged to sign the attendance sheet. Minutes of November 01, 2022 Page9 There being noj further business, Mayor. Diana Martinez adjourned the meeting at 7:26PM Aht Mayor Diana Martinez Alexandra Rangel, SB Assistant City Manager