Minutes of March 07, 2023 Pagel 1  Thel Board of Commissioners for the City of Alamo, Texas met for the Regular Meeting held on Tuesday, March 07, 2023 at 6:00 p.m., att the City of Alamo Municipal Building.  COMMISSION PRESENT: Mayor Diana Martinez Pete Morales, Mayor Pro-Tem J.R. Garza, Commissioner Pilar Garza, Commissioner STAFFI PRESENT: Robert L. Salinas, City Manager Rick Palacios, City Attorney Richard Ozuna, Police Chief Roy Contreras, Fire Chief Rafael Tapia, AEDC Director Lori Solis, Library Director  COMMISSION ABSENT: Okie Salinas, Commissioner  Sergio Zavala, Planning Director Yvette Mendoza, Finance Director Ronnie Cruz, City Engineer Julio Villareal, Public Works Director Sandra Chavez, Parks and Rec. Director  Alexandra) Rangel, Assistant City Manager Melissa Leal, Water Billing Supervisor  1.  CALL: MEETING' TO ORDER Allegiance and Pastor Tuttle led the Invocation. C. Presentation and Announcements  Mayor Diana Martinez called the regular meeting held on Tuesday March 7, 2023 to orderat6:00 p.m. at the City of Alamo Municipal Building. Sarai Osuna and Mia Lozano led the Pledge of Mayor Pro-Tem Pete Morales stated on Behalf of the City of Alamo Commission, administration and city staff we would like to congratulate. PSJA Memorial ECHS Wrestling Head Coach Tom Moreno on a successful 2022-2023 season. Under his direction the girls wrestling team was able to bring on a Ist Place overall Tri-City Championship, place 2nd at District Dual Team Championship, fnishing with a dual record of 8-2 and were also able to bring home the First District Team Championship ins schooll history. Under his direction, the boys wrestling team ended their Duals season at District Dual Championship with a 4th place finish and a record of11-3 and placing. 3rdoverall at the District Championship. Under Coachl Moreno' 's direction his teams both male and female were able to bring home various individual district titles and individual state  qualifiers. Congratulations to Coach. Moreno and the Wolverine wrestlers. Mayor Diana Martinez congratulated the teams and! parents Commissioner. J.R Garza congratulated the teams and parents Commissioner. Pilar Garza congratulated the teams and parents  Mayor. Diana Martinez congratulated. Jose Perez performing in Broadway today  City Manager Robert Salinas stated on another note, we received an e-mail from Morgan La Mantia' s officei informing us that they would be adding a "Rider" to their legislation that would help the city fund the relocation of the lifs station in the amount of $2M as well as another SIM forparks ($700K for Renovation ofexisting splash pad, a new walking trail, and, ifthere iss surplus funds possibly tennis courts, at the Sports Complex, $200,000 for an all-inclusive park at Lions Park, and $100,000 for paved parking and restrooms at Alaniz/Villagomez Park). Now wej just need tol keep our fingers crossed and possibly push al little to ensure thej funding comes through. D. Consideration and Action to approve the minutes for thes special meeting of February 28, CommissionerR. Garza motioned to approve, and Commissioner. Pilar Garza seconded. Motion  Though it's not guaranteed, iti isal big plus for the City of Alamo  2023. carried.    Minutes ofN March 07,2023 Page2  E. Consideration and Action on a Resolution Committing the Use of Local Funds for Professional Engineering: Services for the2 2018 South Texas] Floods CDBG-DR4377 (2018 FLOODS) Program Funded and Administered Through the Texas General Land Office. City Manager Robert, Salinas stated the City of Alamo was recently awardeda GLO, grant for the construction of a drainage project located at Duranta and 13th St. which will include the construction of drainage lines and ai regional detention facility located behind. Farias Elementary School. This project will remove drainage flows from the current system that flows into FM907 and will alleviate thej flooding that occasionally occurs along Date Palm, Royal Palm, Sago Palm, etc. Though the GLO awarded the grant, there were ac couple of things they were requesting from us, one being the attached resolution simply stating that wei will pay for the engineering costs for Commissioner J.R. Garza motioned to approve, and Mayor Pro-Tem Pete Morales seconded. F. Consideration and Action on an Ordinance to Appoint/Re-Appoint the City of Alamo City Manager. Robert Salinas stated this ordinance is for the appointment or re-appointment of the City's TIRZI Board. The Board appointments occur every two years. The ordinance includes the current boardi members and their current, positions on the board. The City Commission has the option to either re-appoint the current members or appoint new members ifthey SO choose. Thej following members are hereby appointed to the Board ofl Directors for Tax Increment. Reinvestment Zonel Number Onej forat two (2), year term: 1.Mayor David. Suarez, Hidalgo County. Precinct No. 1  the project. Staff's Recommendation: Approval. This item is now before you.  Motion carried.  Tax Increment Reinvestment Zonel No. 1 Board.  2. Keith. Hackland (Chairman) 3. Mayra Benedetti (Vice-chair) 4.Asael Alanis (Secretary) 5. Gilbert. Herrera Motion carried. construction.  Mayor Pro-Tem Pete Morales motioned to renew and commissioner Pilar Garza. seconded. G.C Consideration and Action to award the Bonita Estates Sanitary Sewer Project for City Manager Robert Salinas stated! TRIMAD. has reviewed all bids was. submitted by contractors for the above-mentioned project. Four contractors submitted a competitive bid on the project (Saenz. Brothers Construction, LLC, MJA Construction, L.L.C., Saenz Utility Contractors, LLC, and. Jimmy Closner & Sons Construction Co., Inc.). TRIMAD's opinion of probable construction cost submitted to the CityofA Alamo was 8916,958.00f for the project. We calculated an average bid price based on all submitted. bids by the contractors to be $1,042,701.37. After evaluation oft the submitted bids TRIMAD. found a discrepancy on the lowest bid submitted by Saenz Brothers Construction, LLC. Item 4 "Clearing and Grubbing' has an amount bid of$1,200.00 and. Item 5 "Site Initial Grading" has an amount bid of $2,200.00. Using this amount for the sections will place the unit quantity) for both items at 1.0-AC. Based on our opinion ofi probable construction cost the item. should) have a unit quantity near the amount of0.25-AC and on-line as was. submitted by the other three contractors. It is our best engineering judgement that Saenz Brothers Construction, LLCintentions on this item was to bid an Amount Bid Price of8300.00 and $550.00. TRIMAD. has previously worked with Saenz. Brothers Construction, LLCi ini multiple projects with success that were over one million dollars and here-by recommends them to be awarded the said Mayor Diana Martinez motionedi to approve, andl Mayor Pro-Tem. Petel Morales seconded.. Motion  project and deemed. them as the lowest bidder int the amount of$785,970.25.  carried. PUBLICHEARING    Minutes ofMarch 07,2 2023 Page3  Public Hearing on a proposed Rezoning of] Lots 20, 21, and 22, Block 1, Amended Stensbo Subdivision FROM (R-1). Single Family Dwelling Residential TO (C) Commercial; Planning. Director Sergio Zavala stated the site is 170' west of Alamo Road, along the north side Thes site is vacant and the new owner has placed caliche on its surface -see pie. There are. SF residential. structures to the adjoining east, west & south; therei isa commercial. structure to the north that) has frontage to Duranta & across the alley. Thes site is just inside the line between General Commercial (GC) and Low Density (LD) Residential in Alamo's Future Land Use Map (FLUM); however, we discern that it's GC. Ms. Cazares purchased the R-1 property on. June 15, 2022 (recorded date). The Cazares family purchased the property for possible offstreet parking for Mr. Casarez' 's mobile food court (at Citrus/Alamo Rd).. However, when rezoning to a Commercial. zone, Sect. 10-9-1 (A) permits ALL C-permitted: uses such as APARTMENTS, POOL HALLS, CLINICS, LAUNDRIES, RESTAURANTS, or RETAIL: STORES. EXAMINATION: The surrounding R-1 zones, the majority land use surrounding the properties are, SF homes, and Citrus Lane's minor residential. street status (paved width of 30' B-B) leads one to conclude that the R-1 zone is more appropriate than C. At the PZI hearing, there was no public opposition voiced from the audience. RECOMMENDATIONA Denial retain R-1; R-1 appears a better neighbor to adjoining properties than a C effect; finally, the alley could be viewed as a line of demarcation between commercial to the north lots fronting Duranta (a collector street) and the lots Albert Cazares. stated) hej just wants. so help the city with growth and this property will be offices. Mayor Pro-Tem Pete Morales stated he is currently using it as parking spaces. H. Consideration and Action on an Ordinance to Rezone Lots 20, 21, and 22, Block 1, Amended Stensbo Subdivision FROM (R-1) Single Family Dwelling Residential TO(C) CommissionerJ.R. Garzai motioned to approve, and Commissioner. Pilar Garzas seconded. Motion Public Hearing on a proposed Rezoning ofLot 13, Block 6, T.C. Downs No. 3 Subdivision, FROM (R-1) Single Family Dwelling Residential TO (R-2) Duplex, Multi-family,  Applicant: Kairal Cazares ofCitrus Avenue.  Thes site has thej following dimensions: 75'x 100'. Surrounding the site on all sides are R-1 zoned properties.  fronting Citrus (a minor residential. street).  Commercial; Applicant: Kairal Cazares.  carried. PUBLICHEARING  Townhouse, and Apartment District; Applicant: Anavel Garza  Planning Director Sergio Zavala. stated:  The 60' X205' site is at the NW corner of Duranta and N. 6th Street. The site, though R-1, has 2 residential structures; the southern structure is a 1- story SF, residence & the northern unit is a 2-story SF residential. structure. :: see pic(s). Planning is not aware of how there came into being 2 SF structures on this Surrounding the site on all sides are R-1: zoned properties. Surrounding the site on all sides are. SF residential structures. The Future Land Use Map (FLUM) reflects a Low Density (LD) residential designation. This is typically reflective of the current R-1 zoning district. Ms. Garza purchased the R-1 property in. January 13, 2023 (recorded date). Staff met with one of the owners' reps who indicated that they purchased the property with the 2-story home and are refurbishing it. However, in assessing the totals squarej footage and#ofb bedrooms, he confessed thati it was challenging toj find a (future) tenant due tot the size of the home equating to higher rent, ofcourse. This caused the owner to ponder the concept of a duplex. A permit was issued to refurbish the exterior of the 2-story home, but it appears that there was un- authorized: interior remodeling, inclusive of adding 2 doors as ifforad duplex... see  R-1lot.  pies.    Minutes of March 07,2 2023 Page4 4  Planning received a phoned-in call from an elderly neighbor wheres she voiced her concerns ofR-2 (transitory unknown neighbors; personal. safety concerns). EXAMINATION: The surrounding R-1 zones, the surrounding SF homes, and the FLUM's. LD designation all direct to retaining its current. R-1 district. RECOMMENDATION: Denial- retain R-1; purchaser knew it was R-1 when purchased. in. Jan.2023; R-1 better neighbor to adjoining R-1 properties than R-2  effect.  No citizen participation  Consideration and Action on: an Ordinance tol Rezonel Lot 13,1 Block 6,T.C. Downs No.3 Subdivision, FROM (R-1) Single Family Dwelling Residential TO (R-2)) Duplex, Multi- family, Townhouse, and Apartment District; Applicant: Anavel Garza Commissioner J.R. Garza motioned to approve, and Mayor Pro-Tem Pete Morales seconded. J. Request by Vaquero Ventures to have the Board of Commissioners authorize the City Manager's Office to Issue a Building Permit prior to Recording the associated Subdivision Plat on Property described as a 2.61 Acre tract of thel N.1 10 Acres of Lot 11, Planning Director Sergio Zavala stated planning Staffreceived a written request from a Vaquero Ventures rep, received Feb. 28th, to have the Commissioners consider authorizing the City Manager to issue a building permit for a new. Stripes convenience store located at the SW corner ofAlamo/Ridge. Road. Ast the BoarlofCommisioner: mayr recall, asimilar request was approved not long ago for the Stripes store (SE Expwy/Tower) to issue the building permit, but meet Subdivision Codes/record the 1-lot! plat! prior toj final occupancy. : as) you know, this Stripes store was opened & the plat was recordedi with all related utility improvements being city compliant. 1.1 No permit issued until after the Notice to Proceed is issued for water/sewer line 2. No occupancy until after the associated plat is recorded with all infrastructure being  Motion carried.  Block: 32, Alamo Land & Sugar Company'sSubdivsion  Staff recommendation: approval. subject to:  extensions; builtlapproved; and  3.a City of Alamo business license is issued. Staff Recommendation: Approval.  Mayor Pro-Tem. Pete Morales motioned, to approve and Commissioner Pilar Garza seconded. K. Discussion and Action on Ordinance Amending Title 4 'Public Health and Safety', Chapter 4 'Nuisances', Section 4-4-4 and Section 4-4-5 regarding the height of high grass/weedslbrush, and other updates regarding Abatement and Enforcement of such Planning Director Sergio Zavala stated in recent review of Title 4 regarding the regulations dealing with weedy lots, there was room for refinement, updates, and improvement. The changes The Cities of San. Juan, Pharr, and Mission (as a mini poll taken) all declaret that it violates their) weedy lot code once the grass/brush gets to 12" in height; Alamo's 2008 code has it at 15'. The draf ordinance proposes to change it) from 15"tol 12", too. This ordinance declares outright that noi item that is being abated/disposed of ie., brush, rubbish, etc., shall be taken by any city employee for private or public purposes. Deletes any reference to the 'City Inspector' to enforce weedy lot regulations; these duties arez under the. stewardship oft the Code Enforcement Officer, of course. Section 4-4-5 (A)(1) has a current mandate that the City can abate a weedy lot when its weeds are 15"ink height AND' causes an immediate threat tot the physical well being ofany person or adjacent property." The Code Enforcement Officer has to prove BOTH conditions in order to legally abate.. Planning recommends to simply delete the 'immediate  Motion carried.  regulations. are summarized. as follows:    Minutes ofN March 07,2 2023 Page5  threat" provision this will rectify this burden of proof issue and actually reconcile our  protocol toz reality. Staff Recommendation: Approval.  Mayor Pro-Tem Pete Morales motioned to approve and Commissioner J.R. Garza seconded. L. Discussion and Action. on a request by Mr. Francisco and Elma Cuevas to fence-in Planning Director Sergio Zavala stated planning has received a building permit to (chain link) fence-in adjoining public ROW: to the residence at 643. Ellis, Alamo, TX. The legal description is: the N.75' of Lots 1d &2, BK 80, Alamo Townsite. The site is a corner lot, ie., SE corner of Ellis Avenue/S. 7th. Street --see aerial. Mr. & Mrs. Cuevas, int their 70's, purchased the property about. 2j years ago; andi reside) here during the winter months oft the) year. Mr. Cuevas is ai militaryveteran. In visiting at the site with the Cuevas family, a compelling concern for the proposed chain link fencing is the pack of dogs that linger around this juncture of the neighborhood. The concern is magnified due to Mrs. Cuevas having had a severe dog bite event where her face was severely torn/injured. The Cuevas family did state that. Alamo's Animal Control officer has been at the corner. site being vigilant and doing what he can to) help. Regarding their request, the City's water and sewer lines are not within the ROWS proposed to bej fenced-in these utilities are in the alley offsite toi thes south. The ROWS abutting ther residence is 100. In observing the area, thei residence across the street to the north, and the abutting home to the south, havel both) fenced-in about 15'of ROW along their. JIh Street frontage. In assessing all the private and 'in thej field' circumstances, Mayor Diana Martinez. stated due to high complaints ofstray dogs, they have a valid concern  Motion carried.  adjoining public right-of-way at their 643 Ellis, Alamo, TXI residence.  Planning does not object to thej fence proposal since:  Mr. Cuevas addressed. his concern) for the safety ofl his family.  Mayor Pro-Tem Pete Morales motioned to approve and Commissioner J.R. Garza seconded. The City Commission will convene in) Executive Session, in: accordance with Texas Open Meetings Act, Vernon'sTexas: Statues and Codes Ammolate,Coverment Code, Chapter 551, Subchapter D, Exceptions To Requirement That Meetings Be Open. The City Commission reserves the right to go into executive session on any item listed in the Agenda Notice whether or not such item is posted as an Executive Session Item at any time during the meeting when authorized by the provisions of the Open Meetings Act. Subject to the foregoing reservation, the following are to items to be discussed in 1. Pursuant to' Texas Government Code $551.074 Personnel Matters and $551.071 a. Discuss Pending Litigation Pertaining to Causel No. C-4524-17-A, Celia Garcia v. City of Alamo, In the! 92nd Judicial District Court of Hidalgo  Motion carried.  EXECUTIVE SESSION: 6:45PM  executive session:  Consultation with Attorney: County, Texas.  OPEN SESSION: 7:33PM Action In Open Meeting.  The City Commission will convene in Open Session to take necessary action, ifany, in accordance with' Texas Government, Code, Chapter 551, Open] Meetings, Subchapter E, Procedures Relating to Closed Meeting, $5 551.102, Requirement To Vote Or Take Final M. Consideration and action on Pending Litigation Pertaining to Cause No. C-4524-17-A, Celia Garcia v. City of Alamo, In the! 92nd Judicial District Court of] Hidalgo County,  Texas.    Minutes ofN March 07, 2023 Page 6 No action taken  CITIZEN PARTICIPATION: Five minutes] per person with no1 response from the City  Commission. Residents must sign up prior to the city meeting. Citizens are encouraged tos sign the attendance sheet.  I. ADJOURNMENT  There being noj further business, Mayor Diana Martinez adjourned the meeting at 7:35PM  Azg  san