Minutes for November 6, 2018 Pageiofs The Board of Commissioners for the City of Alamo, Texas met for the first regular meeting on Tuesday, November 6, 2018 at 7:00 pm: att the City of Alamo Municipal Building. COMMISSION: PRESENT: Dianal Martinez, Mayor Trino Medina, Commissioner Robert De La Garza, Commissioner Pilar Garza, Commissioner STAFF PRESENT: Luciano Ozuna, Jr., City Manager Rick Palacios, City Attorney Martha Alvarado, Executive Secretary Bobby Salinas, C.P.& D. Director Melissa Rodriguez, Purchasing Agent Ronnie Cruz, City Engineer Julio Villarreal, Public Works Director Roy Contreras, Fire Chief Alicia Cano, Human Resources COMMISSION. ABSENT: Pete Morales, Mayor Pro-Tem Yvette Mendoza, Finance Director Baudelio Castillo, Police Chief Michael Torres, ITI Director Rafael Tapia, AEDCI Director. Alex Oyoque, Museum Curator Melissa Leal, Utilities Supervisor I. CALLMEETING TOORDER Mayor Diana Martinez called the first regular meeting held on Tuesday, November 6, 2018 to order at 7:00 pm at the City of Alamo Municipal Building. Mayor Diana Martinez led in the Pledge ofAllegiance and Melisa Gonzalez. said invocation. C. Presentation and Announcements. Melisa Gonzalez announced the Chamber's Dinner at the Park event on Thursday and the Lions Mike Torres, IT. Director, gave a brief overview of the new iPad pros to be used by the Commission ands said a more detailed presentation would be given at a later workshop. Club Veterans Day Celebration on Nov. IIat 3:00 pm at Veterans Park. D. Proclamation honoring Guadalupe "Lupe" G. Rodriguez. Mr Guadalupe "Lupe" G.. Rodriguez 's granddaughter read the proclamation and Mayor Diana Martinez and Commissioner Trino Medina thanked the Rodriguez family. for being present and congratulated. themj for theirj father'ss service. E. Public Hearings: 1. Consideration and action on a re-zone request from an M (Industrial District) to ac (Commercial: District) for the following properties by the City of Alamo: Fresh Tex] Lot 1, physically located at 1305 W. Acacia Ave. Riol No. 2 W50.02' A-3, W30" B-3, All ofLots A-4 & B-4, physically located at Riol No. 2 W155.33' - E255.33' Lots A-3 & B-3, physically located at 1206 W. Rio W100" Lot A-1, All Lots A-2 & B-2; Riol No. 21 E50 Lots A-3 &I B-3, Riol E205.357 Lot A-1, physically located at 1011 N. Alamo Rd.. Lettered Lots (Alamo) 100.12 X 420.5' BTWN Alamo BLVD & 10th St. Lot B, 0.96AC Net 0.85AC Net, physically located at 1041 N. Alamo Rd. 1214 W.1 Bus 83. Bus 83. physically located at 1128 W.1 Bus 83. Minutes for November 6, 2018 Page 2of5 Lettered Lots (Alamo) 100.13' X570.66 ADJ tol NF R/R R.O.W. Depot & Trackage) BTWNN8'RN9S St. Lot C&AII Lot] E, physically located at 106 Lettered Lots (Alamo)) N100.13' -Trackage Lot] D, physically located at 111N. Lettered Lots (Alamo). All ofLot] F, physically located at 111N.7hSt. Lettered Lots (Alamo) W386' Lot G, physically located at 103N.7tSt. Lettered Lots (Alamo) ANN IRR TRI E835.097 - N196.35" ADJ to Railroad Lot N.9!St. 7thSt. G 3.38 ACNet, physically located at 1011 N. Tower Rd. Planning Director, Bobby Salinas, stated the properties are located west ofl 13" Street to Tower Road along the north side of Business 83. All the tracts are being proposed to be rezoned to commercial. since most of the properties are already beingz used as commercial. By changing the zone to commerciat, the businesses already there will be protected from potential businesses that could have a negative impact in the area. Industrial type. businesses are more suitable east of Tower Road on the north side of Business 83. Planning & Zoning Commission approved the Mr. Kenny Alfred, owner of Fresh Tex Produce, addressed the Commission saying they have been in business for eighteen years and has invested very. much in the business. Mr Alfred stated he eventually would be selling the business and was requesting to keep his business zoned as industrial. Mr. Alfred stated he has invested a lot of money in adding and improving the building as ap produce business and when he sells it, that is the way he will selli it. Changing the Planning Director stated all the owners required to be notified were advised of the proposed zone change. With noj further comments, Mayor Diana Martinez closed the public hearing. Commissioner Trino Medina motioned and Mayor Diana Martinez seconded to approve the re- zone request from an. M (Industrial District) to a C (Commercial. District). for all the properties presented with the exception of Fresh Tex Lot 1, physically located at 1305 W. Acacia Ave. rezone exceptj for Fresh Tex Lot located at 1305 W.. Acacia Ave. zone to commercial would not give him the value he has invested ini it. Motion carried. 2. Consideration and action on a re-zone. request from an R-1 (Single-Family Dwelling District) to a C (Commercial District). for the following properties by the City of Alamo Original Townsite E857 Lot 10&S25'- -] E85'I Lot 11, Block 30, Alamo Original Townsite N257 - E85' Lot 11 & E857 Lot: 12, Block 30, Alamo Townsite Lot 12, Block 31, physically located at 109N.9HPL. Alamo: physically located at 103N.gtSt. physically located at 125 & 127N.9tSt Planning Director, Bobby Salinas, explained the properties are being recommended to rezone to commercial. Planning & Zoning Commission: approved the request at their October 17 meeting. Commissioner Robert De La Garza motioned and Commissioner Trino Medina seconded to approve the rezone request from an R-1 (Single-Family Dwelling District) to a C (Commercial With noj public comments, Mayor Diana Martinez closed the public hearing. District), for the properties presented. Motion carried. F. Consideration and action to approve minutes for the regular meeting of October 2, 2018. (Tabled 10/16/18) Minutes for November 6, 2018 Page3of5s Mayor Diana Martinez motioned and Commissioner Trino Medina seconded to remove item from table. Commissioner Robert De La Garza motioned and Commissioner Pilar Garza seconded to approve the minutes for the regular meeting of October 2, 2018 as presented. Motion carried. 2018. Consideration and action to approve minutes for the regular meeting of October 16, Commissioner Robert De La Garza motioned and Commissioner Pilar Garza motioned to approve the minutes for the regular meeting ofOctober 16, 2018 as presented. Motion carried. H. Consideration and action to approve an Interlocal Cooperation Agreement with Lower Rio Grande Valley Development Council on Emergency Communications'9- City Manager; Luciano Ozuna, Jr. informed the Commissioners this was a. standard contract with the Lower Rio Grande Valley Development Council presented annually for 911 services. Commissioner Pilar Garza motioned: and Commissioner Trino Medina seconded to approve the Interlocal Cooperation. Agreement with the Lower Rio Grande Valley Development Council on 1-11 Division. Emergency Commumictions9--l Division. Motion carried. I. Consideration and action on a request by VIDA for: a donation to continue student City Manager, Luciano Ozuna, Jr informed the Commissioners this item had been presented in the past. Mr. Ozuna stated the amount being requested was $12,500. Commissioner Robert De La Garza motioned. and Commissioner Pilar Garza seconded to approve the request by VIDA for human capital investment. a donation to continue student human capital investment. Motion carried. J. Consideration and action to appoint a member to the Tax Increment Investment Commissioner Robert De La Garza motioned and Mayor Diana Martinez seconded to appoint Asael. Alaniz as member to the Tax Increment Investment. Zone. Motion carried. K. Consideration and action to appoint a Chairman of the Tax Increment Investment Commissioner Robert De La Garza motioned and Commissioner Pilar Garza seconded to appoint Keith Hackland as Chairman of the Tax Increment Investment. Zone. Motion carried. L. Consideration and action to create the position of Human Resources Clerk, approve Commissioner Robert De La Garza motioned and Commissioner Pilar Garza seconded to approve thes creation of the Human Resources Clerk position, job description and set salary. Zone. Zone. thej job description and set salary. Motion carried. M. Consideration and action to: appoint a City Secretary and set salary. Commissioner Robert De La Garza motioned and Commissioner Pilar Garza seconded to appoint Alejandra Rangel and's set salary at $39,500. Commissioner Trino Medina stated it was brought to his attention. that Mr. Juan Cedillo had submitted an application but as per Human Resources Director, Alicia Cano, the application was submitted after the deadline. Commissioner Trino Medina asked legal counsel if the appointment could be done without conducting any interviews. He had reviewed the applications but did not have the opportunity to interview the applicants. Legal counsel responded that the charter called for an appointment but did not contemplate interviews. The Commission has the power to appoint without even having tog go through the application process. Commissioner Trino Medina abstained from voting citing he had not interviewed. any oft the applicants. Motion carried. Minutes for November 6, 2018 Page 4of5 For the record, legal counsel requested clarification on. salary to which Commissioner Robert De La Garza stated salary would be set at $39,500 with additional consideration afier six N. Consideration and action on a variance request to allow. for a 6" rear setback months'evaluation instead by code, Alamo of the required 5 rear setback for accessory structures minimum required physically located at 605 E. Ellis Ave., legally described as Lot 10, Block 80, Original Townsite. Planning Director, Bobby Salinas, informed the Commission the owner at said property had built an 18x30 carport in backyard without aj permit. Owner has now applied for a variance in the back portion of the property. There is an alley in the back and no adjacent structure exists. The request can either be denied and make owner comply with the. 5' setback or approve the request as long as the carport is perpetually open. There is no recommendation, from Planning & Zoning Commission.. Commissioner Trino Medina asked Fire Chief Contreras ift they would have any access problems to which he responded as long as there was a 20f alley, there would be no problems. Commissioner Robert De La Garza motioned and Commissioner Pilar Garza seconded to approve ai variance request to allow) for a6" rear setback instead oft the required5' rear setback for accessory. structures minimum required by code, physically located at 605 E. Ellis Ave., legally described as Lot 10, Block 80, Alamo Original Townsite. Motion carried. O. Consideration and action to approve. the use of the "Reservation of Rights" letter Planning Director, Bobby Salinas, informed the Commission this item was regarding the new technology coming in where small cell antennas are being installed in city right of ways. Because the City of Alamo is involved in al lawsuit along with the City ofMcAllen, McAllen sent some language that allows the city to reserve its rights ini regards to the compensation or fees in case the lawsuit goes through. Staff is requesting authorization to utilize the reservation of rights for small cell permits to make sue. the city is protected. Mayor Diana Martinez motioned and Commissioner Robert De La Garza seconded to approve the use of the "Reservation of for thei issuance of Small Cell Nodel Permits Rights" letter for the issuance of Small Celll Node Permits. Motion carried. P. state. Consideration and action regarding a request by the Police Chief to travel out of Commissioner Robert De La Garza motioned and Mayor Diana Martinez seconded to deny request to travel out ofs state. At this time, Commissioner Trino Medina addressed legal counsel ands stated) he did not understand why this item was being brought back to the Commission ifit had aiready been approved. He said the travel expenses had already been approved in the budget hearing. Legal Counsel said the budget had been approved but the question is how the monies are being used and requests are submitted. to the city manager. City Manager, Luciano Ozuna, Jr. stated the request had been submitted. to him the previous week but had not approved ityet. He said he had not approved. it because he had requested additional information on the training and had not received the information until today. Mr. Ozuna stated in the meantime Commissioner Robert De La Garza had asked him ift there was a travel request from the Police Chief to travel out ofs state and Mr Ozuna hadi informed him there was. Commissioner Robert De La Garza requested the item be placed on the agenda. Commissioner Trino Medina requested Police Chief be given the opportunity to explain the item and. state why he wants to send) his staff to the training. Commissioner Robert De La Garza stated the same training was available within: state. Mayor Diana Martinez stateds she had done some research and hadj found the same training was being offered in New Braunfels. Instead of using taxpayer monies to go to Las Vegas, they should go to New Braunfels. Chief Baudelio Castillo. stated the course, Homicide and Forensics, was only ofered in Las Vegas. There are other homicide courses but were not the exact as this particular one. ChiefCastillo stated he was. surprised when he saw the item on the agenda because he had a copy of the request that was. signed by Mr. Ozuna on October 17. ChiefCastillo: stated the class was very important because they make sure all the cases they turn over to the District Attorneys Office result in convictions. They make sure the cases are well prepared and solid because it reflects back on him. He stated all the decisions he has made in the past eight months have been positive decisions for the betterment of the department and community. The class would give them insight into the new technology and procedures for to Minutes for November 6, 2018 Page! 5of5 investigations. Ifthere was to be al homicide in the city, they themselves would take the lead in the investigation and not pass it on to the Texas Rangers or another agency. Mr. Ozuna reiterated. the exact same course was being ofèred in six months in New Braunfels by the same agency offering it in Las Vegas at a lower cost. ChiefCastillo. said he had not. seen the course being offered in New Braunfels and stated it was probably not the same course. Mr. Ozuna provided a copy of the New Braunfels course to Chief Castillo. Commissioner Trino Medina asked Chief Castillo ifit would be possible for them to attend the New Braunfels course instead of the one in Las Vegas to which Chief Castillo said there was not problem. Mayor Diana Martinez motioned and Commissioner Robert De La Garza seconded to deny request by the CITIZEN PARTICIPATION: Five minutes per person with no response from the City Mr. Albino Oviedo, Jr. addressed sewer backup issues at his home at 1145 Jasmine Colonia Buena Vista. stating it) has been) years with the. same, problem. City Manager, Luciano Ozuna, Jr, stated the problem had been addressed and resolved and apologized to Mr. & Mrs. Oviedo for Commissioner Trino. Medina requested a report from city manager on all the clay pipes in the Police Chiefto travel out ofstate. Motion carried. Commission. the problems they have had. city including cost estimates. ADJOURNMENT I. There being noj further business, Mayor Diana Martinez adjourn the meeting at 7:44 pm. Jhan Diana Martinez, Mayor ATTEST: ModwBpra! Alexandra Rangel, Cily Secretary m-y