Minutes of April 04, 2023 Pagel 1  Thel Board of Commissioners for the City of Alamo, Texas met for the Regular Meeting held on Tuesday, April 04, 2023 at 6:00 p.m., at the City of Alamo Municipal Building.  COMMISSION: PRESENT: Mayor Diana Martinez Petel Morales, Mayor Pro-Tem Okie Salinas, Commissioner J.R. Garza, Commissioner Pilar Garza, Commissioner STAFF PRESENT: Robert L. Salinas, City Manager Rick Palacios, City Attorney Richard Ozuna, Police Chief Roy Contreras, Fire Chief Rafael Tapia, AEDC Director Adela Perez, Purchasing Agent  COMMISSION ABSENT:  Sergio Zavala, Planning Director Yvette Mendoza, Finance Director Alice Cano, HRI Director Julio Villareal, Public Works Director Sandra Chavez, Parks and Rec. Director  Alexandra. Rangel, Assistant City Manager Melissa Leal, Water Billing Supervisor  1. CALLI MEETINGTO ORDER andi Pastor Tuttle led the Invocation. C. Presentation and Announcements  Mayor Diana Martinez called the regular meeting held on Tuesday April 04, 2023 to order at 6:00 p.m. at the City ofAlamo Municipal Building. Mayor Diana Martinez led the Pledge of Allegiance Commissioner JR Garza congratulated the PSJA Memorial Dazzlers for their National Mayor Pro- Tem Pete Morales congratulated the PSJA Memorial Powerlifting team ini which they were able to travel to State and bring back several individual awards including a state City Manager Robert Salinas announced the Eggstravaganza on Thursday April 6, 2023 at. 5PM,  Championship. championship.  and City Hall will bec closed on Friday, for good Friday.  Commissioner Okie Salinas announced our meetings will now be lives streaming  D. Consideration and Action to approve the minutes for the regular meeting of March 21, Commissioner JR Garza motioned to approve, and Commissioner Pilar Garza seconded. Motion  2023. carried.  E. Presentation Regarding "City of Alamo Day" at the Capitol Mr. Isauro Trevino gave a brief update regarding the second visit to the capitol.  Mr.. Robert Salinas stated this presentation is to inform the Mayor and City Commission and the general public oft the potential "City of4 Alamo Day" at the Capitol. At this point of the State's budget process the City of Alamo has 37 riders (earmarked money) that include $2M fora relocation and upgrade of the Tower Rd. lifts station, $1.5Mj for park improvements, and $100,000 for Alamo PDI laptops. As) you) know, this session ends in late May, soi it is appropriate and would be ag good time to visit our state legislature as aj follow up ofo our 3 pending riders that will be ag great benefit and asset for our community, ifapproved. Itist the City's intent to be represented. by a delegation including the City Commission and. Staff EDC Board    Minutes of April 04, 2023 Page2  Members and Staff and members oft the Alamo Chamber of Commerce. This woulds show the City'ss support and appreciation ofo our State legislature. We are working towards visiting the F. Consideration and Action to approve a resolution for the closure of] Business 83 and FM Ms. Yesenia Millanj from the Alamo Crime Stoppers, Inc. Program stated the crime stoppers have been al legal non-profit sincel November 2020 and a State Certified program. since March 2022. One ofo our major tasks is to raisej funds to pay out funds) for our TIPS hotline information. Asal board, we have identified: several, fund-raising activities to assist us with this task.. As our first BIG Fundraising event, we would like to conduct an Alamo Crime Stoppers 5K Run on Saturday, May 27th, 2023, and would like to) hold this event, here in our great city ofi Alamo. We are wanting to [[obtain the necessary approval to) hold this event. We look forward to collaborating with the city and their stafff for this event and be assured we will follow all required guidelines imposed. We would like to inform you that this program is ready to be involved in all city events and become a positive presence in our community to educate and inform alld citizens on how this program will keep our community safe ands secure. Commissioner Okie Salinas motioned to approve, and Commissioner. J.R. Garza seconded. G. Consideration and Action on Resolution for City of Alamo 2023-2024 Alamo Operation Chief Richard Ozuna stated Funding available through FEMA by way of the State of Texas governors" office in support ofs securing our nation' 's borders proving reimbursements. for overtime, fringe benefits for our law enforcement and communications officers, fuel, vehicle and Mayor Pro-Tem. Pete Morales motioned to approve, and Commissioner. J.R. Garza: seconded. H. Consideration and Action to Approve an Ordinance amending the 2022-2023 General Fund) Budget in order to create a' Temporary Full Time Fire Fighter Position. City Manager Robert Salinas stated the City of Alamo Fire Department has requested the addition of 3 newj fire fighters through the SAFER Grant. The SAFER grant allows the City to hire 31 newj fire personnel and! pays for themj for a period of3) years. The City has already sponsored ai volunteer firej fighter tos go tot thej fire academy and has already completed the required training. The Chief believes that the addition oft these new firej fighters would greatly benefit each shif. The administration believes authorizing a "Temporary Full Time Position" would allow us tos slowly begin the transition toi include the new positions. Ifapproved, this would be 10 of3 positions we would be adding in a 3-year period. This would also allow us time tos see ifthe SAFER grant is approved. Ifthe SAFER grant is approved, this position would become aj permanent) full-time position as well as adding two other fire fighter positions in Commissioner J.R. Garza motioned to approve, and Mayor Pro-Tem Pete Morales seconded. - Discussion and action to adopt written findings as to collection services contract and approve ac contingent fee contract with Perdue, Brandon, Fielder, Collins and Mott, LLP pursuant to Article 103.001, Texas Code of Criminal Procedure, said contract being for the collection of court fines and fees owed to the City of Alamo (the "City"), and notice of which is provided with the agenda in accordance with Section 2254.1036 of the Government Code, and to terminate any contract with an active vendor for the same  Capitol on April 26th. We willi inform you as wel know more. 907 for the Alamo Crime Stoppers 5K on May 27, 2023  Motion carried.  Stonegarden Program application for funding.  equipment. Motion carried.  addition to this one ford a total of3.  Motion carried.  services.  The City Commission convened into Executive Session 7:01PM    Minutes of April 04,2 2023 Page3  J. Consider the approval of an Ordinance to establish a fee to defray costs of collecting delinquent fines, fees, court costs, and other debts pursuant to Article 103.0031 of the Texas Code of Criminal Procedure; providing for severability; and establishing an  effective date.  The City Commission will be convened into Open Session 7:36PM  Commissioner Okie Salinas motioned for no action, and Commissioner J.R. Garza seconded. K. Consideration and Action on a Waterline Access Agreement with North Alamo Water Supply Corporation for Riverside Development Services, LLC- Riverside Tower & 495 City Manager Robert Salinas stated ericlosed! please findt the Waterline. Access Agreements fort the Riverside Tower & 495 Subdivision Phase Aj for signature on behalfof the City ofA Alamo. Please review the Agreement documents, cause them to be executed on behalf of the City in the areas indicated, and provide a City Commissioners' Resolution andlor certified Minutes approving the Commissioner Okie Salinas motioned to approve, and. Mayor Pro-Tem Pete Morales seconded. L. Consideration and Action on a Waterline Access Agreement with North Alamo Water Supply Corporation for Riverside Development Services, LLC- Riverside Tower & 495 City Manager Robert. Salinas statede enclosed please findi the Waterline Access Agreements for the Riverside Tower & 495 Subdivision Phase Aj fors signature on behalf of the City of Alamo. Please review the Agreement documents, cause them to be executed on behalf of the City in the areas indicated, and provide a City Commissioners' Resolution andlor certified Minutes approving the Commissioner Okie Salinas motioned to approve, and CommissionerJR. Garza: seconded. Motion Public Hearing on: aj proposed Rezoning oft the West S acres ofLot 10, Block 32, Alamo Land and Sugar Company's! Subdivision FROM: R-1 Single-family Dwelling Residential TOI R-2 Duplex, Multi-family,' Townhouse & Apartment District; Applicant: XLHI Investments, LLC The site is44 mile east of Cesar Chavez. Road, along the south side of Ridge Road. The property's dimensions are 165'x. 1250' (approx.). FYI -the proposed development is undergoing the: subdivision review, process (at the staff level at this time). To the east, just over an intervening vacant tract, are the McKeever apartments. The desired. R-2 zone is also consistent. to the envisioned. HD designation. The vacant tract that abuts it to the east will almost assuredly be converted to R-2, as well (since it'ds sit between 2 elongated Rick Salazar gave a brief description) for thej future lifts station for Morning Side South. Siafrecommends approval, and Planning and Zoning Board recommends Approval. M. Consideration and Action on an Ordinance tol Rezone the West 5 acres of] Lot 10, Block 32, Alamo Land and Sugar Company's Subdivision FROM R-1 Single-family Dwelling Residential TOI R-21 Duplex, Multi-family, Townhouse & Apartment District; Applicant: Mayor. Pro-Tem Pete Morales motioned to approve, and Commissioner Okie Salinas seconded.  Motion carried.  Subdivision Phase A.  Agreement. Motion carried.  Subdivision Phase] B.  Agreement. carried. PUBLIC HEARING  Planning Director. Sergio Zavala stated:  apartment developments).  XLH Investments, LLC. Motion carried.    Minutes of April 04, 2023 Page4 PUBLICHEARING No citizen participation Planning Director Sergio Zavala stated:  Public Hearing on aj proposed Rezoning of thel East 0.833 acre out ofa 2.50 Acre Tract, out of Lot 4, Block 28, Alamo Land and Sugar Company's Subdivision, FROM R-1 Single- Dwelling Residential TO Commerdal(C)zming District; Applicant: Sergio Ornelas Thes site is 150' east of Alamo Road, along the south side of Moore Road. The specific tract's dimensions is approximately 140'x310. The owners' single property has DUAL ZONING, ie., the eastern portion isz zoned. R-1 and the western, portion is zoned Commercial. This rezoning action would reconcile one (Commercial): zone into one. single The desired commercial. zone will reconcile the. single tract into having one zoning district. Viewing the aerial, to the north is a commercial. series of suites where its commercial use actually coincides with the eastern boundary of the subject rezoning, ie., the north's commercial use will match the commercial. zone's eastern boundary of the subject tract. Also, since the parent tract is ato as significant trafficked corner, being Alamo/Moore. Road; the commercial. zone & commercial: use is the better use (than as single-family residence).: N. Consideration and Action on an Ordinance to Rezone the East 0.833 acre out ofa 2.50 Acre Tract, out of Lot 4, Block 28, Alamo Land and Sugar Company's Subdivision, FROM: R-1 Single-Dwelling ResidentialTO Commercial(C): zoning District; Applicant: Mayor Pro-Tem Petel Morales motioned to approve, Commissioner Okie Salinas seconded. Motion O. Final Plat Approval: Agostadero del Gato) Phase 1 Subdivision; 17.88: acres out ofLot9, Block 30, Alamo Land & Sugar Company's Subdivision; ETJ; Developer: McAllen Planning. Director Sergio Zavala stated the. Agostadero del Gato development is 1/2 mile east of Tower Road, along the south side ofEI Gato Road. The plat proposes 85 singlej family residential lots that meet & exceed. Alamo's min. 6250 sq. f. 'Lot' threshold. The plat is not in Alamo's city limits, buti in its ETJ. As is shown below, this development will not use city water nor sewer; thus, voluntary annexation will not be processed. The plat lies in Military Highway Water Supply Corporation's (MHWSC's) CCNS. From the existing 12" water line along EL Gato, a new 8" network will be extended andl looped throughout the series of fthe 3streets tos serve all the lots. The developerisc also! providing. 51 newj firel hydrants, located atj junctures approved by the Firel Marshal. Also, on the street stub to the east, the water line has been stubbed to allow possible intercomnection (and looping) by developing others. Planning did notice that the 8", water lines still needs tol be stubbedtot thes westernmost. street stub ofPantera, though. Thec developer and Riol Delta will meet with MHWSC at a pre-construction conference prior to construction & to coordinate required inspections. This plati is in MHWSC's. sewer CCN. The developer will be installing an 12" sanitary sewer lines throughout all interior streets to provide sewer service to all lots. The 12" system will connect tot the existing 8"s sewer line along El Gato Road. The developer and Rio Delta will meet with MHWSC at a pre-construction conference prior to construction & to coordinate required inspections. The plat dedicates the required 30' additional. ROW for El Gato Road fora totalof50' ROWcenterline via Hidalgo County's MPOThoroughfare. Map. Street widening should bei imposed; however, a variance request has been, filed to note escrow/widen. On storm drainage, thes streets willl bes drained through mostly 24" storm lines tor thes south; however, there is a segment tot the SEj juncture of36"s storm line diverting the runofft to the drainage ditch located to the south ofthis plat. The ditch belongs to the Hidalgo County Drainage District #1. Also, Rio Delta's plan shows that they will also reconstruct El Gate's road. side ditch system, too. The drainage report has been approved; thus, allowing thej plat tol be considered for Final Plat Approval. We also note that this developer will need to install a minimum 6' fence buffering. fence at the rear of lots Typical platting requirements willl be imposed to include, but not limited to thej following:  tract.  Sergio Ornelas carried.  Investments Partners, LTD; Engineer: Riol Delta Engineering  adjoining the drainage ditch. 1) $500Hot parkj fees, 2) water district exclusion,  3) andi meet all other prevailing subdivision codes and policies.    Minutes of April 04, 2023 Page5  Staff Recommendation: Final Plat Approval Subject To: 2)Stubbing The Water Line To The Western. Stub OfPantera  1).The Above Comments precedence). carried.  3) No Objection To The Variance on not escrowing the street widening. for EL Gato (2019 Commissioner Okie Salinas motionedi to approve, and CommisionerJR. Garza: seconded.. Motion P. Consideration and Possible Action on an Ordinance to Amend Title 10 'Zoning Regulations', Chapter 2 'Zoning Rules and Definitions'; and Title IO's Chapter 5 'R-1 Single-family Dwelling District' and Chapter 6 'Duplex, Multi-family, Townhouse and Apartment District 'to now include a' 'Bed and Breakfast Facility' as a Conditional Use Planning Director Sergio Zavala stated planning was approached! by elderly property owners who own a1 vast 2-story home that only houses the husband & wife. The prospect ofal B&B Facility was proposed and, gfter reviewing the city's current zoning regulations, such a B&B use was discovered to 'not' be a permitted or conditional use. The B&B effect will be a RESIDENTIAL landi usej from paying guests who will temporarily use an available room for work, or who come to visit relatives, or who may comej from out-of-town to do some local: shopping. There are sundry other variations of reasons for such a B&B. stay. But the bottom line is that they will be using a residential. bedroom for residential, purposes; and who may) have a meal prepared by the owner of  ins said Districts  the home. Ifapproved, the B&B facility willl have thej following, features:  Must be owner-occupied. sanitary accommodations.  Must have at least 1 paved un-obstructed parking space per available room. Must have clearance from the Building Inspector and Fire Marshal as to safety and Must recordac document citing the city's approval for the specific property owner and that such a conditional use is7 not transferable to new property owners, heirs, or assigns. For any proposed B&B facility, a Conditional Use Permit (CUP) must be applied for and approved. for such. to be legally recognized by the City. Any pre-existing B&B uses may be considered as grandfathered to this ordinance, i.e., approved pre-existing non-conforming uses. Commissioner Okie Salinas motioned: to approve, and Commissioner.JR. Garza: seconded. Motion 2. Consideration and Possible Action on: an Ordinance Amending and Updating the Fence Planning Director Sergio Zavala stated he reviewed a fence permit this week and observed our regulations that were outdated, and. should be consideredj for updates and some amendments. The Fences is only mentioned in current Code; Iadded' : wall, or similar type structure' on Inoted Zoning's Sec. 10-3-2 (D) on clipping aj fence on a corner lot SO as not to create a sight obstruction; this code exists butl Ireferenced. iti in Title 9's Fence Code to assure safer In 1977, the fence permit was, $20 and its stills show up though in 2013 the fee was approved by the Board of Commissioners at $55. This is reconciled: in the draft ord. Deletes the 1977-reference to the City. Secretary tor review & issue fence permits. Prohibits sheet metal roofs in residentially used or residentially intended property. Iffencing in ROW is proposed, then a $30 fee is imposed to the applicant; if approved, then the applicant willy pays to recorda document citing the conditions of approval. Itis not uncommon to see rear utility easements fenced; this ordinance cites the presumption of the owners' knowledge thats such fencing may be subject to removal by the City or any recognized utility franchise holder for needful utility repairs or utility  Staffr recommended approval.  carried.  Regulations cited in' Title 9 'Building Regulations', Chapter 3 'Fences  draft ordinance includes: required permits. compliance.    Minutes of April 04, 2023 Page6  installations; if private property is inadvertently damaged in this repairinstallation The new code now includes the owners' representatives, orj fence builder now being CO-  process, the City & its franchise holders are Held Harmless. culpablej for violations to thej fence code. . it's not just the owner.  Staff recommended. approval.  Mayor Pro-Tem. Pete Morales motioned to approve, Commissioner. J.R. Garza seconded. Motion CITIZEN PARTICIPATION: Five minutes per person with no response from the City Commission. Residents must sign up prior to the city meeting. Albert Cazares asked for the number of garage sales tol be increased back to 6. Citizens are encouraged to sign the attendance sheet.  carried.  I ADJOURNMENT  There being noj further business, Mayor Diana Martinez adjourned the meeting at 7:37PM  Mls Mayor Dianal Martiney  Manager  sag  ALAMO. mn