Minutes ofOctober 18, 2022 Page1 1  The Board of Commissioners for the City of Alamo, Texas met for the Regular Meeting on Tuesday, October 18, 2022 at 5:00 p.m., att the City of Alamo Municipal Building.  COMMISSIONI 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, AEDCI Director Lori Solis, Library) Director Alicia Cano, HR Director  COMMISSION, ABSENT:  Sergio Zavala, Planning Director Alex Oyoque, Museum Director Ronnie Cruz, City Engineer Julio Villareal, Public Works Director Yvettel Mendoza, Financel Director Melissa Leal, Water Billing Supervisor  Alexandra Rangel, Assistant City 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 Special meeting held on Tuesday October 18, 2022 to order at 5:00 p.m. at the City of Alamo Municipal Building. Mayor Diana Martinez led the Pledge of Library. Director Lori Solis announced. Early Voting starting on October 24h, Halloween Movie Night in the Park on October 28th from 6:30-10PM and the Moonlit 5K on October 29th. In addition, she read the proclamation in) honoring Sara Flores on her 100th birthday. Museum Director Alex Oyoque announced the. South Texas Historical. Association Symposium on Commissioner Okie Salinas announced the propositions for November 8th Election, Proposition Ais regarding term limits for all elected officials and Proposition. Bi is regerding/repractices) for Mayor Pro-Tem Pete Morales announced the invitation to operation appreciation honoring U.S. Army SPC. Jake Sanchez and his family on Friday October 219 at 9:45AM located at 714 Saint D. Consideration and Action to approve the minutes for the special meeting of October 04, CommissionerJ.R Garza motioned to approve, and Mayor Pro-Tem. Pete Morales seconded. E. Consideration and Action to: approve the minutes for the first regular meeting of October CommissionerJ.R. Garza motioned to approve, and Mayor Pro-Tem Pete Morales seconded.  November 4-5th. the Fire. Department. Vincent Dr. 2022. Motion carried. 04,2022. Motion carried. No presentation  F. Presentation of the Alamo Chamber of Commerce. Annual Report  G. Consideration and Action tol Request use of Downtown Central Park tol host the. Alamo Chamber of Commerce BBQI Fundraiser, Thursday, October 20th from 6:00pm-:00pm. Commissioner Okie Salinas asked is there a way the city manager can give authorization to  approve these events, especially. since this two days away?    Minutes ofOctober 18,2022 Page2  City Manager Robert Salinas responded yes, we would just change the ordinance. Commissioner J.R. motioned to approve, and Commissioner Olie Salinas seconded. Motion H. Consideration and Action to approve a MOU for Law Enforcement Support Office (LESO) Program Participating Law Enforcement, Agency (LEA). Police Chief Ozuna stated this is our annual Memorandum of understanding For Lawi Enforcement Support Office Program. Participating Law Enforcement. Agency. Commissioner Okie Salinas motioned to approve, and Mayor Pro-Tem Pete Morales Consideration and Action regarding a Task Force Agreement between the U.S. Department of Justice, Drug Enforcement Administration and the Alamo Police Police Chief Ozunas stated this is our annual agreementi with the DEA, insteada renewal every  carried.  seconded.. Motion carried.  Department  year it will now be every 4) years. Police Chief Ozuna respondedj yes  Mayor Pro-Tem. Pete Morales asked do wes still have representation?  Commissioner. Pilar Garzai motioned. to approve, and Mayor Pro-Tem Pete. Morales seconded. J. Consideration and Action to Approve a Purchase of Motorola Radio Equipment for City Manager Robert. Salinas. stated this is from the monies granted from Vicente Gonzalez's Officei int thet totalof$540,000, we did have to incorporateal little morej fort the Fire Department in the amount tof $41,288.55 this will upgrade all radios for both departments. Commissioner J.R. Garza motioned to approve, and Mayor Pro-Tem Pete Morales seconded. Consideration and Action to: approveal Memorandume ofUnderstanding between the City of Alamo and South Texas College regarding Continuing Education Unites for Fire Chief Roy Contreras stated this MOU will be in collaboration with STC and the City of Robert Vela stated at the center they provide. services for Fire and Police Departments such  Motion carried.  Police and Fire] Departments.  Motion carried.  Firefighter Related Trainings. Alamoj forj free trainings. as obtaining education credits.  Mayor Pro-Tem. Pete Morales asked do they ever do recruitment, for officers?  Robert Vela responded we do have local fire departments send over, their. flyers and we Mayor Pro-Tem Pete Morales motioned to approve, and Commissioner Okie Salinas L. Consideration and. Action regarding: a contract renewal with VIDA for training ands skills  announce it. We. see the demand is needed.  seconded.. Motion carried.  development for Alamo Residents request for FY 22-23.    Minutes ofOctober 18, 2022 Page3  City Manager. Robert. Salinas stated this is our annual contract with VIDA, wez usually budget Mayor Pro-Tem Pete Morales motioned to approve, and Commissioner J.R. Garza. seconded. M. Consideration and Action to enter an Interlocal Cooperation Agreement between the City Manager Robert Salinas stated the city applied through the Texas Parks and Wildlife Department and the grant was a 1:1 match, PSJA willr match $750,000 and the grant will! pay $750,000 on matching funds for a total of $1.5M. The city is responsible to pay a total of Commissioner Okie Salinas asked why is the school district asking when we have architects  $12,500 every, year and the EDC budgets $12,500 as well.  Motion carried.  City of Alamo and) PSJA ISD regarding Gus Guerra Park  $130,000 for restrooms, grant administration, and water and electricity.  onj file?  City Manager Robert Salinas stated that is the next item  Mayor Pro-Tem Pete Morales asked when they start construction can they continue to have  access to they parking?  City Manager. Robert Salinas responded) yes  Commissioner Okie Salinas responded they believe they are. still having issues offofJ Jasmine. City Manager. Robert Salinas responded he has spoken with. Jerry with PSJA and believed it Mayor Diana Martinez stated she believed the city was going to be opening and closing the  was resolved but will touch base on the issue.  park:  City Manager Robert Salinas responded yes, the park not the parking lot  Mayor Pro-Tem Pete Morales motioned to approve, and Commissioner. J.R. Garza seconded. N. Consideration and Action tos select an architect for the Gus Guerra Park Project City Manager Robert Salinas stated he received a call from Carlos Colina Vargas and was asked to bringing Heffner Design, since the school district is paying, for the architect and we  Motion carried.  have ERO doing city projects.  Commissioner Okie. Salinas asked that) was my question why? applicants, the school is paying for it, they are allowed. to do SO.  Cityl Manager Robert Salinas responded because we ares going through TPWD we are theg grant City Attorney Rick Palacios stated it was either we did the application or co-wrote the application, but het understands why they ask for us not to object in hiring their own. City Manager. Robert Salinas responded with a match of1:1forat total of81.5M. Mayor Pro-Tem Pete Morales asked and the city will be responsible for maintaining like City Manager, Robert Salinas responded yes, maintenance during. summer hours, water and  Commissioner, J.R. Garza asked they willl be paying $750,000  Santos Livas.  electricity. The school will be responsible during regular. school hours.    Minutes ofOctober 18, 2022 Page4 4  Commissioner Okie Salinas asked can we see the plans before? Commissioner, J.R. Garza asked will there be retention pond drainage. issues, incase there willl be but it won' 'tbec as drastic. CommissionerJR. Garza askedi is itfunctioning? City Manager. Robert Salinas responded yes City Manager. Robert Salinas responded. yes  City Manager Robert Salinas responded Santos. Livas has a retention pond because they have  Mayor Pro-Tem Pete Morales asked can we get the. school district to give an update  Mayor- Pro-Tem Pete Morales motioned to approve, and Commissioner Pilar Garza O. Consideration and Action to Appoint a Certified Public Accountant to conduct thel FY City Manager Robert Salinas. stated this item is to select our auditor to conduct is our annual Commissioner Okie Salinas motioned to approve, and Commissioner, Pilar Garza: seconded. P. Consideration and Action on an Ordinance to Amend the 2021-2022 General Fund, Water and Sewer Fund,] Debt Service Fund: and) Hotel/Motels Fund. Finance. Director Kvette Mendoza. stated the city isi in the process of closing its books for 2022, we needt to recognize our expenditures. General. Funds increasing revenues in the amount of  seconded.. Motion carried. 2021-2022 City Audit.  audit. We are recommending Oscar Gonzalez to conduct the audit.  Motion carried.  $1,833,413  Taxes285,449 Sales Taxes $735,264 Licenses & Permits $2 235,000 Transfers/Other $211,700 Intergovernmental. S 366,000 Administration of8339,264 Mortgage assistance program $195,000 Christmas decorations $46,000 Consulting, for TMAPS30,000 Guerra Elementary School park $4 40,000 Police Department 8279,264 2021 Chevy Tahoe $50,000 (2): 2020 Fordi inceptors $120,000 Bullet Vest $35,000 Dell Computers $10,000 (35), AB Camera Bundle $45,000 Fire. Department. $3 362,496 2022 Ford Explorer $41,000 Equipment $79,000 Bunker Gear $96,000 Equipment repair $16,000 Fuel $10,000 Parks and Rec. $83,736  For expenditures:    Minutes ofOctober 18, 2022 Page5 5  Baseballj fields Street and Sanitation. Department $262,105 Ford F350857,000 (2). John Deere Tractors $63,000 Recycling Center $10,000 Fuel $30,000 OT$40,000 Water. Sewer Fund  Total amount ofi increase in expenditures of$1,326,964  Increasing Revenues of8834,482 Increasing Expenditures ofs $558,000 Increase Water Department 8280,000 Increase Sewer Department $192,000 Increase Water Plant $86,000  Debt Service Fund and Hotel Tax Fund has stayed the same Mayor Pro-Tem Pete Morales asked what is the general fund? Finance Director Yvette Mendoza responded $300,000 ofsurplus  Mayor Pro-Tem Pete Morales motioned. to approve, and Commissioner Okie Salinas seconded.  Motion carried.  Presentation regarding updates on approved ARPA Projects  City Engineer. Ronnie Cruz gave an update on three studies, water, wastewater and drainage all are proceeding andi willl havet them ready by the endo oft they year and) havet them ready for the council byJanuary. At this moment all maps have been updated on the sewer. All lift stations have been updated andi the water lines willz bet tested for water pressure. Asj for drainage, we looked at Farias Mayor Diana Martinez askedi ifl Precinct 21 will widen the Cesar Chavez and provide drainage?  Elementary and TXDoTagreedi to let us connect with the TXDoT system.  City Engineer Ronnie Cruz responded he is not sure City Engineer. Ronnie Cruz responded thes gas lines. Commissioner Okie Salinas asked will we need pumps Mayor Diana Martinez asked how deep willi itl be  Commissioner Okie Salinas asked whate elevations cause fori it not to drain?  City Engineer Ronnie Cruz responded no, plus the pumps are a lot ofr maintenance  City Engineer. Ronnie Cruz responded 5f feet similar to Santos Livas Commissioner J.R. Garza asked how long will this project take  City Engineer Ronnie Cruz responded it should take from 3-5 months but with everything in  backorder it might take longer  Mayor Pro-Tem asked Ronnie to give an update on the additional projects    Minutes ofOctober 18, 2022 Page6 6  Rick Salazar from Trimad gave ant update on Bonita Estates and looked into providing sewer on 130acres, currently there some areas are being served by east side of Alamo Rd. This project will PUBLIC HEARING REGARDING THE NEEDS ASSESSMENT UNDER THE URBAN City Manager Robert Salinas. stated this) years allocation is $257,515.00, these funds must bet used  take about 160 days PUBLICHEARING in low mod areas.  COUNTY: PROGRAM FISCAL YEAR 36 (2023).  Mayor Pro-tem. Pete Morales asked what areas are considered. low mod  City Manager Robert Salinas stated for this) fiscalj year we are looking to updating the water lines onl Morning Side Terrace. At this moment they have 1.25" waterlines and the normal waterline is Mayor Diana Martinez asked will that be the lasts of thes subdivisions that don' 't have sewer City Manager. Robert Salinas responded subdivision yes that are considered colonias. We have Commissioner Okie Salinas asked when was Morning Side incorporated into the city  8", that will upgrade the entire utility system  been able to take care ofCalle Naranja. street and Oneida Circle. City Manager. Robert Salinas responded mid. 1990s Commissioner. J.R. Garza asked was itl because off funding  City Manager. Robert Salinas responded there was but mainly because just loans  Mayor Pro-Tem Pete Morales asked the area on Nebraska and. Alamo Rd. Do those people have  sewer?  City Manager. Robert Salinas responded no, itis not as subdivision Mayor Pro-Tem Pete Morales asked will that area qualify City Manager Robert Salinas responded hei will look into it  Yadira Castillo Nuestra Clinica Del Valle asked forf funding in the amount of815,000 R. Consideration and Action to approve a 1-year extension of current Geo-Technical City Manager Robert Salinas stated we do have 5 different firms and this contract will renew all firms for an additional year. Once we are ready for renewals we can go out for RFQs again. Commissioner Okie Salinas Motioned to approve, and Mayor Pro-Tem Pete Morales seconded. S. Consideration and Action to: approve Resolution authorizing the use of 4B (EDC) funds AEDC. Director Rafael Tapia stated this is the second reading that authorizes $83,0000f4B Commissioner Okie Salinas Motioned to approve, and. Mayor Pro-Tem Pete Morales seconded. T. Request by Adriana Garza to have the City of Alamo waive all nuisance abatement  Engineering Contracts.  Motion carried.  for baseball field repairs (second reading).  funds for baseball fields repairs. Motion carried.  (weedy lot) liens on Lot 34,1 La Casal Real #1 Subdivision (Tabled).    Minutes ofOctober 18, 2022 Page7  Mayor Pro-Tem Pete Morales motioned to untable and Commissioner Okie Salinas seconded. Planning Director Sergio Zavala stated this week, Planning received a written request from Adriana Garza to have the City of Alamo waive nuisance abatement (weedy lot) liens which now equate to $4009.40 (as of 9/23/22). Code Enforcement Officer Rosie Castellanos brought this matter toy my attention that appears to have remained in limbo since on or about 2011.As a bit ofa backdrop on this property, the facts surrounding Lot 34, La Casa Real seem to Lot 34 (and adjoining Lot 35) has consistently. been mowed by the City. Such) frequent mowing) fees have accumulated over the years, i.e., $4009.40. Section 4-4-5 (A)(1). gives the city the right to maintain private property when the owner fails to do so; thereafter, an invoice is sent; ifunpaid, then liens are procedurally. filed. Rosie recalled Nathan Flores purchasing properties on or about 2010-11 for Oscar Santos atj foreclosure sales; in this process, should liens not be extinguished in the judgment, then the NON-extinguished. liens remain fully valid. Ins some oft the other Alamo lots, Iwas informed that the city approved. Flores' request to not pay the liens. On 8/29/2011 via tax resale of Lot 34, deed recorded for Oscar Santos) for $8219. On 2011 Oscar. Santos sold Lot 34 to Adriana Garza for $19,495 ($11,276 profit). 9/21/2011 Rosie's email to. Jaime RE: Lots 34/35 asking for Code to understand how new owners (of tax resold lots) do not have to pay liens not extinguished in the judgment, while 9/22/2011. Luciano asks. Jaime to geti input from City Attorney. Jaime Guerrero 7/16/2012. Rosie's memo to. Jaime Sandoval on lingering status ofany cleared liens to Lot 34; Rosie recalls Luciano Ozuna telling her that only he could release the liens but Jaime clarified thati it was the City Commission that could only clear such liens. Rosie, Alex and II looked for minutes, agendas, etc., and could notj find any reference that Adriana Garza is now selling Lot 341 to Anna Ramirez (w/no titlel report). Attached please find Rosie's comprehensive date offiled lien and that given amount. For Lot 34 only, there were. 11 liens) filed from 2003 to 2010 = $1777.32. For both Lots 34/35, there were 13 liens filed from 1995 to 2007 = $4464.15; thus for Lot Combining the above 2 amounts equate to $4009. 40 owed to tax payers. for having city Conclusion: Ms. Garza. states thats she was "not aware that these liens were in place at the time ofpurchase", thus, they should bes waived.. Planning counters thati itis the buyers responsibility and the sellers' duty to be informed ofs such encumbering liens. 'Not) knowing' is not sufficient grounds to reimburse the city back for all the work over all these years to maintain their Planning's Recommendation: Denial; reimburse the taxpayers its $4009.40 to maintain the  Motion carried.  indicate thej following:  others similar lot owners had paid.  9/21/2011. Jaime punts Rosie's email inquiry to Luciano.  the liens) forl Lot 341 were ever waived by the Commission.  34only, this would bek oft fthis cost or $2232.08. staff take care of their private property.  property.  private property. This matter is now. before you.  Adriana Garza stated. she understood. the issuei is willing pay, ifdenied  Mayor Pro-Tem Pete Morales whose responsibility, is it to report to the county about these City Manager Robert Salinas responded when these properties go into a tax sale we are notified by the county to report any liens on the property. In a previous conversation with Linebarger Attorney Michael Cano he stated if the liens were not included in thej judgement, Mayor Pro-Tem Pete. Morales stated this is) from 2011 and ifwer needed tor notif anyone? City Manager Robert Salinas responded the county needs to notify us first Mayor. Pro-Tem Pete Morales motioned to deny Commissioner J.R. Garza seconded.. Motion  liens?  yes, the city can go qfter the liens.  carried.    Minutes ofOctober 18, 2022 Page8  U. Consideration and Action on Ordinance to resolve conflict between section 10-11-1 (A) and section 10-14-4 (B) (1) on delegated authority, via' Texas Statute Section 211.009, to act on variances to Title 10 "Zoning Regulations'; and amending Section 10-11-1 (B). Planning Director Sergio Zavala stated the City of Alamo, Texas has discovered an adopted but un-codified city ordinance that conflicts with Section 211.006 (a) of Texas' Local Government Code, Title 7, Subtitle 'A'whereini itl mandates that an affirmative vote ofat least three-fourths of all members of the governing body be required when a written petition in protest ofa proposed change inz zoning is received; said petition reflecting a minimum 20%of the property owners surrounding the site of the proposed rezoning/conditional use permit  regarding enhanced clarity on filing variance applications.  request byo ai majority vote  Commissioner Okie Salinas stated it will goj from 4/5 to majority  City. Attorney. Rick Palacios responded no, the clarification is as it only relays to the petition only. We have only been in that situation once and even then, we went with a 4/5 vote even though our ordinance didn't 'tsay that. Hei is correct with thes statel law as itn relays to thep petition. Planning Director Sergio Zavala. stated ift there is no petition then majority rules Commissioner Okie Salinas motioned to approve, and Mayor Pro-Tem Pete Morales CITIZEN PARTICIPATION: Fiver minutes per person with no response from the City Carroll Moering announced the South Texas Historical. Association Symposium on November 4-  seconded. Motion carried.  Commission. Residents must sign upi prior to the city meeting.  5th  I. ADJOURNMENT  Citizens are encouraged to sign the attendance sheet.  Therel being noj further business, Mayor Diana Martinez adjourned the meeting at 7:20PM  Anf  Aléxahdral Rangel, City/Sècretary