Minutes ofJ July 11,2023 Pagel 1  Thel Board of Commissioners for the City of Alamo, Texas met for the Special Meeting held on  Tuesday, July 11,2023 at 6:00 p.m., at the City of Alamo Municipal Building.  COMMISSION PRESENT: Mayor Diana Martinez J.R. Garza, Mayor Pro-Tem Okie Salinas, Commissioner Petel Morales, Commissioner Pilar Garza, Commissioner STAFF PRESENT: Rick Palacios, City Attorney Yvette! Mendoza, Finance Director Richard Ozuna, Police Chief Roy Contreras, Fire Chief Rafael Tapia, AEDC Director Lori Solis, Library Director  COMMISSION. ABSENT:  Alexandra Rangel, Assistant City Manager Sergio Zavala, Planning Director  Melissa Leal, Water Billing Supervisor Sandra Chavez, Parks and] Rec. Director Ronnie Cruz, City Engineer Julio Villareal, Public Works Director  1. CALL: MEETING TO ORDER and Pastor Tuttle led the Invocation. C. Presentation and Announcements  Mayor Diana Martinez called the special meeting held on Tuesday. July 11, 2023 to order at 6:00 p.m. att the City ofAlamo Municipal Building. Mayor Diana Martinez led thel Pledge of Allegiance Lori Solis Library Director thanked volunteers, sponsors, staff for this) year Freedom Bash and Mayor Diana Martinez thanked everyone involved to make this event. successful.  Watermelon) festival.  D. Consideration and Action to approve the minutes for the regular meeting of. June 20, Mayor Pro-Tem JR Garza motioned to approve, and Commissioner Pete Morales seconded. E. Consideration and Action to increase sports registration fees atl Parks and Recreation. Parks and Rec. Director Sandra Chavez stated in the packet therei is a comparison chart with neighboring cities, the increase is an additional $5. This should come toi in affect in Commissioner Okie. Salinas asked whati ist ther reasoningj for thisi increase, andi will this alsoprovide Parks and Rec. Director Sandra Chavez responded yes, this is tol balance the cost ofprograms Mayor Pro-Tem. JR Garza asked when in thej fall do we see the increase take affect?  2023. Motion carried.  the fall. ag quality ofwork.  as we are getting additional kids and to provide additional supplies. Parks and Rec. Director Sandra Chavez responded August. Commissioner. Pete Morales asked will this also cover the coaches? Parks and. Rec.. Director Sandra Chavez responded yes  Commissioner Okie Salinas motioned to approve, and Commissioner Pete Morales seconded. F. Consideration and Action authorizing Memorandum of Understanding (MOU) between City of] Pharr, San. Juan and City of Alamo Policel Departments and the Pharr-San Juan-  Motion carried..  Alamo Independent School District onl Program Handle with Care.    Minutes of] July 11,2023 Page2  Police Chief Richard Ozuna stated this MOU Handle with Care program serves our districts students that may have had a traumatic event in which PSJAISD trained staff will provide Mayor Pro-Tem JR Garza motioned to approve, and Commissioner Okie Salinas seconded. Public Hearing on a Proposed Rezoning on Lot 11, Block 6, Alamo Original Townsite, FROM 'R-1' Single-family Dwelling District TO'R-2' Duplex, Multi-family, Townhouse & Planning Director Sergio Zavala stated the property with a 2-story home & pool was purchased by Mr. Sesatty in December. 2021 from. Lisseth de Leon. The surrounding properties on at least a S00'radius are allz zoned R-1. Thes surrounding properties on at least a 300' radius are designated as Low Density (LD) Residential in the Future Land Usel Map.. This entire area is served with only a4 4" water line. New apartments and duplexes are to be served with a min. 811 water line where hydrants are to be within. 300' frome each other. Thes structure on the subject site isa 2-story single- family home though the building permit issued on 5/4/2015 showed a I-story home. There was no subsequent permit issued to expand itt to a:2-story. structure. Therei is an exterior, stairway leading to a 2nd floor apartment, ie., 2 bedrooms, full kitchen, living room, restroom. On the north (Duranta) side, there is another exterior stairway leading to the 2nd) floor presumably another series ofr rooms independent from the Ist floor residence. In other words, itisa a 2-story triplex but where the permit onj file was only fora a 1-story SF residence. This info is merely provided forj full disclosure. Earlier this) year, the owner met with Planning regarding a potential bed & brealfast use this discussion induced the ordinance to be amended to include al B&B as a CUP in the R-1 district. Weeks later, the discussion turned to R-2 rezoning. Staff informed the applicant that it would be challenging to rezone the site to R-2. Planning's Recommendation: Denial since the house is surrounded by R-1 zonings. only R-1 uses. is designated as Low Density Residential Marco Antonio, Sesatty addressed his reasoning behind the rezoning and askedi ifdenied toj provide Commissioner Okie, Salinas askedi what is the reason) for the denial, because the surrounding areas Planning Director Sergio Zavala stated due to the area this will be the only R-2 site, and having G. Discussion and Action on an Ordinance to Rezone Lot 11, Block 6, Alamo Original Townsite, FROM 'R-1' Single-family Dwelling District TO 'R-2' Duplex, Multi-family, Townhouse & Apartment District; Applicant isl Marco Antonio Sesatty. Commissioner Okie Salinas motioned to approve, and Mayor Pro-Tem JR Garza seconded.  appropriate. support to our students.  Motion carried. PUBLICHEARING  Apartment District; Applicant is] Marco Antonio Sesatty  (FLUM), and is served with only a 4" water line.  an explanation. are similar.  specific requirements for an R-2 in which the area does not have.  Motion carried.  Mayor Diana Martinez in dissent PUBLIC. HEARING Elizabeth Mireles  Public Hearing on: al Proposed Rezoning on Lot 51, Valle Verdel Estates, FROM 'R-1' Single- family Dwelling District TO 'C' Commercial District; Applicants are Armando and Planning Director Sergio Zavala stated viewing the 1982 recorded Valle Verde Estates (VVE) Subdivision plat, Sonia Circle is a cul-de-sac where only SF residences exist. The zoning, for all the lots in Sonia Circle is R-1; and the lots are used for SF homes, too (except vacant Lot. 51,of course). To the east of1 Lot 51 are commercial: uses (as said lots front Tower Road). Future. Land Usel Map: ALLI lots within Sonia Circle arel Low Density (LD), residential. designated. Viewing the    Minutes ofJ July 11,2023 Page3  WE Subdivision's layout on Sonia Circle, it appears obvious that Lot 51 was intended to be used for residential purposes. It has similar characteristics as Lot 59, 60868. What is somewhat compelling is the recorded plat note that declares the following: "LOTS 1-3, 43-45, & 46-50 SHALL. BE COMMERCIAL "As one cans see, Lot5 51 was not included int this intent.. Inc other words, the VVE property owners were alerted by the developers and the signatory agents for the City of Alamo that Lot 511 would bej for residential, purposes and notj for commercial use. The lot owners in the cul-de-sac were also informed of this SF Res intent. Planning's Recommendation: Denial. (NOTE: A CUP for non-residential parking purposes may be considered instead; thus, it may  remain R-12 zoned but thru the CUP, used for parking purposes.) Commissioner Okie Salinas asked what they planning to do with the area? Planning Director Sergio Zavala responded parking.  Gavino Garza: stated his concern, this area is a7 riskj ford all the kids in the neighborhood. Thereare H. Discussion and Action on an Ordinance to Rezone Lot 51, Valle Verde Estates, FROM 'R-1' Single-family Dwelling District TO 'C' Commercial District; Applicants are Commissioner Okie Salinas motioned to deny, and Commissioner. Pete. Morales seconded. Motion Consideration and Possible Action to approveal Memorandum of Understanding (MOU) by and between the United States Postal Service (USPS) of Alamo, TX and the City of Planning Director Sergio Zavala. stated After the series ofstorms, especially the intensive eventof this past April, ito came tot the attention of the City ofAlamo that there were many cluster mailboxes that were damaged ande even destroyed. Thef foundations on all oft these needed total replacements. In discussing this matter with Alamo's Post Master, and others, itl became increasingly clear that there needed tol be consideration ofa) partnership with the USPS in order to more quickly restore mail services to our citizens; many who are elderly andi rely on consistent. mail: services. In order to pro-actively address the matter, the attached. MOU outlines the series of issues and tasks & responsibilities that the USPS and the City of Alamo willz undertake toj jointly resolve this. serious matter once andj for all. The MOUV will be ai model tot use in thej future should similar damages re- occur. Please note that, at any time, the City of4 Alamo reserves the right to unilaterally terminate  several members in the audience who are also in a disagreement.  Armando and Elizabeth Mireles.  carried.  Alamo gprdimgdamagaddatryed Cluster Mailbox Improvements.  the MOUS should the City find compelling reasons to do So.  Commissioner Okie Salinas stated he is happy this is getting taken care of SO. The residents they have spoke with wanti iti in the same area. City Attorney Rick Palacios respondedi it is up tot the post office.  Commissioner Pete Morales asked will this be in the same area or can the residence have a. say  Commissioner Okie Salinas motioned to approve, and Commissioner Pete Morales seconded. J. Discussion and Possible Action on a Memorandum of Agreement between the City of Alamo and the Lower Rio Grande Valley TPDES Stormwater Task Force Partnership, Inc. for preparation of a Regional Texas Pollutant Discharge Elimination System (TPDES) Stormwater Permit Application and Stormwater. Program Plan. Planning Director Sergio Zavala stated the proposed 2023 MOA will be with "The Lower Rio Grande Valley TPDES Stormwater Task Force Partnership, Inc.' " aka 'TASK FORCE' (as the Partnerships groups is shown int the MOA) which shows as slight upgraded) fee of $8000. Footnote:. Planning has already preparedab budget amendment toi incur this cost out ofits current fiscal year's budget; if approved this evening, staff will present this to Management. tomorrow morning. In comparable review of the 2018 MOUto the proposed 2023 MOA, Planning has hi-  Motion carried.    Minutes ofJ July 11,2023 Page4  lited and red-marked the proposed. Agreement to show the Board of Commissioners what is new or adjusted. As seen, the 2018 & 2023 Agreements are substantially identical. In renewing the MOA, it will reflect. Alamo's intent to comply with TCEQ's required stormwater programmatic measures, such as having a viable MS4 Permit. Also, a valid MS4 permit shows Alamo's willingness to participate, along with other municipalities, in regional. stormwater, programming to serve the RGV in a logisticaleas-efective manner. An enabled. MOA will also be helpful in Commissioner Okie Salinas motioned to approve, and Mayor Pro-Tem JR Garza seconded. K.C Consideration and Possible Action on an Ordinance to Recognize and Adopt the Storm Drainage Master Plan of the City of Alamo, Texas as prepared by Cruz-Hogan. Planning. Director Sergio Zavala stated the Storm Drainage Master Plan is a. series of extensive needs assessments and comprehensive, policies that the City willo apply in its efforts to confront and overcome drainage issues. The Plan was reviewed by the city's various departments with several adjustments and recommendations. made toj further result in realistic initiatives to enforce during the development and re-development processes. Once adopted, the entire Master Plan with its plethora of solutions will be posted in the City's website to thus alert prospective developers, engineers, realtors, elected officials, and the general public of the city's pro-active approach to  Alamo's efforts to seek related, grant funds.  Motion carried.  address its drainage matters.  Commissioner Olie Salinas asked how many pages? City Engineer. Ronnie Cruz responded. 300! pages  Commissioner Pete Morales motioned to approve, and Mayor Pro-Tem JR Garza seconded. L. An Ordinance Amending and Updating all Provisions of Title 4 'Public Health and Safety',Chapter: 5' 'Noise Control'; and Amending' Titlel 10' 'Zoning) Regulations,Chapter: 13 'Conditional Use Permits', Section 10-13-5 'Requirements for Approval" to declare firm enforcement of Noise Compliance Provisions on awarded CUPS. Planning Director Sergio Zavala stated in relation to the 31+-year old Noise Control code, the proposed ordinance updates it withj firm, but fair, provisions. They include the following: Sounds systems that are now digital, electronic or internet assisted. sounds are included as 'sound systems' capable ofi violating the noise control codes. Ith holds az manager or supervisor complicit in the violation ift they directencourage others (DJ) tol keep the sound's volume beyond the threshold of appropriateness. Noise audible at 100+'between the hours of11 pm and 7 am violates the code. Loaded motor systems that create loud vibrating sounds or sensations are added to the Construction or demolition noise is time regulated in residential and now commercial areas, but with wiggle roomj for leniency. should the nearby land uses be sparse residential. For example, no construction between 6pm and 7 am in residential areas; however, commercial construction may commence at. 3 am and end at 7pm should there be unique land conditions (vacant property around it) or if weather conditions coupled with a Loud Noise near or around. aj funeral home's memorial. service or religious services at a As school's bandj jamboree, halftime show, ors suchs similar performances are not violations. Incidental noisej from parades (participants & spectators) is not a violation. Section 4-5-4 currently allows people to request an exception to the Noise code from. the City Manager; however, there is no criteria on what data to provide OR what qualifying factors Management should consider in the assessment. The ordinance resolves this  Motion carried.  'Defect in Vehicle or Load' provision.  legitimate sense ofurgency be evident  the latter requires the Planning Director's assessment & approval. cemetery are deemed to violate the Noise Control code. Any chimes or bells from a church are not violations.  nebulous void.    Minutes ofJ July 11, 2023 Page5  Officially declares the Police Dept. to be the lead dept. to enforce the Noise Control code. Enhances the Zoning provision on CUPS that the Noise Control code will be instrumental in awarding or possibly revoking any CUP deemed (in a public hearing) to violate these  provisions. Staff's Recommends approval  Commissioners Okie Salinas asked to promote the following ordinance  Mayor Pro-Tem JR Garza motioned to approve, and Commissioner Okie Salinas seconded. M. Discussion and Possible Action to allow Conditional Infringement of (limited) Private Driving Lane ontol Public. Alley westofLos1&I2,E-ZSubdivision (akal EZCar Wash). Planning Director Sergio Zavala stated the City of Alamo reviewed and approved a building permit for the new EZ Car wash at 319. N. Alamo Road. After several adjustments, the site plan met code and the permit was issued and construction commenced to its completion. Somewhere along the way, the owner and/or contractor unilaterally decided to pave a part of their concrete driveway onto the public alley's ROW so customers would have a wider turning radius as they prepare toe enter the washing bay. This was discovered, among other issues, when a courtesy PRE- tofinal check was requested. The options to resolve the matter include the following: have the infringing portion oft the concrete driveway be saw-cut removed from the public ROW; this will comply with the owners' filed/approved. site plan; it completely resolves the boundary issue once and for all. As one may surmise, EZ would rather retain the abandon the 20' alley & reserve it as a public utility easement; this seems too extreme of an option since ity would also cancel any 2nd driveway entrance to the adjoining residents to the west. Also, if'abandoned; EZ may desire to capture & use the entire 20' alley ROW for EZ) purposes. Be advised that there is a lingering private dispute with a residential neighbor (vs EZ) already to the west of the alley; thus, this option may likely escalate intoi Give CONDITIONAL, PERMISSION to. EZ to retain the private infringement (BUT NO MORE) ont the alley's ROW. However, there may be a (minor) risk of someone getting hurt with the concrete drive in the ROW; thus, the 'City of Alamo', should be included in EZ's insurance as a covered party- should EZ convey to another, coverage will be mandated by the new owner as a part of the required business license process. Also, the City should have az recordede encumbrance agreement citing that, at any time determined. by the City, it will reserve its right to have the encroaching driveway removed with a 45-calendar day notice and, ifever7 removed, then the recorded encumbrance and required need to insure the City would be null and void. The encumbrance agreement. must be recorded to alert  Motion carried.  infringement 'as is'  al legal controversy) for the City.  any future prospective owner oft the EZ site.  Mayor Pro-Tem JR Garza motioned to approve, and Commissioner Okie Salinas seconded. N. Discussion and Possible. Action on: an Ordinance to Amend Title 10 'Zoning Regulations', Chapter 3 'General Zoning Provisions', Section 10-3-6 (A)Q) 'Yard Space' of Alamo's Code of Ordinances to Include 'Colored Steel Metal Material" as an acceptable form Planning Director. Sergio Zavala stated in 2021, the City of Alamo established open carport regulations. The 2021 provisions didi not include 'colored. steel metal material' as an option) for residents to consider. A picture of such material is enclosed toj provide proper, perspective. Itl has occurred numerous times since then that homeowners desire to use colored steel metal material for an open carport; but suchi is resisted by Planning due to the current ordinances" omission ofsuch and tol have carports substantially. similar to the home's roofs material. The amendment will help residents during these challenging economic times (still in a pandemic era) should they desire toz use colored. steel metal material instead of building an open carport  Motion carried.  under the Open Carport Regulations    Minutes ofJ July 11,2023 Page 6  with a woodj frame roof with) fiberglass shingles colored similar to that oft thel home. For the typical mom & popi resident, the increased cost for current compliance has induceds several families to not buildar needed carport. The draft ordinance simply includes the phrasei inclusive ofc colored steel metal roofs "within the parameters of what is acceptable for open carports in Commissioner Okie Salinas motioned to approve, and Commissioner. Pilar Garza seconded. CITIZEN. PARTICIPATION: Five minutes per person with no response. from the City  thej front setback ared. Planning's recommends approval.  Motion carried.  Commission. Residents must sign upi prior to the city meeting. Citizens are encouraged tos sign the attendance sheet.  No citizen participation I. ADJOURNMENT  There being noj further business, Mayor Diana Martinez adjourned the meeting at 6:49PM  A2    Alexandra) Rangel, AsistanCiyMpnager  oX  E