Minutes of September 07, 2021  Pagel  The Board of Commissioners for the City of Alamo, Texas met for the Regular Meeting on Tuesday, September 07,2021 at 6:00 p.m., att the City of Alamo Municipal Building.  COMMISSION: PRESENT: Mayor Diana Martinez Okie Salinas, Mayor Pro-Tem Robert Del La Garza, Commissioner Pilar Garza, Commissioner STAFF PRESENT: Rick Palacios, City Attorney Richard Ozuna, Police Chief Roy Contreras, Fire Chief Rafael Tapia, AEDC Director  COMMISSION. ABSENT: Pete Morales, Commissioner  Robert L. Salinas, City Manager Alicia Cano, HRI Director Alexandral Rangel, City Secretary Ronnie Cruz, City] Engineer  Adela Perez, Purchasing Melisa Gonzales, Special Projects Director Yvette] Mendoza, Finance Director Sergio Zavala, Planning Director  I.  CALL: MEETINGTO ORDER Allegiance and Pastor Tuttle led the Invocation. Presentations and. Announcements those children orj families in need. for September 18" from 7am-12pm. August 17, 2021. seconded. Motion carried. PUBLIC HEARING  Mayor. Diana Martinez called the regular meeting held on Tuesday September 07, 2021 to order at 6:00 p.m. at the City of Alamo Municipal Building. Mayor Diana Martinez led the Pledge of  Di Gatewood and Rachel. Patch) from Alamo Rose RV Resort Summer Quilters presented quilts to Chief Contreras and Chief Ozuna. These quilts are to aid the units in having quilts on hand for Special Projects Director Melisa Gonzales announced the inaugural Don' 't Be Self Conchas 5K D. Consideration and Action to approve the minutes for the second regular meeting of Commissioner Robert De La Garza motioned to approve, and Mayor Proi Tem Okie Salinas Public Hearing regarding 2021-2022 City Budgets for the General Fund, Water and Sewer Finance Director Yvette Mendoza spoke regarding the proposed budget for 2021-2022:  Fund, Debt Service Fund and Hotel/Motel Tax Fund.  Total Revenue of811,886,304 Total Expenditure of812, 169,944 Revenue Over/(Under). Exp. ($283, 640)  This also includes the employee increase of insurance coverage of 1%, a 5% increase to all employees, the starting payj from $91 to $10andi the addition of3f full time positions Ifull time clerk for Planning Department, 1 full time clerk for Human Resources and 1full time clerk for the finance department. Our starting pay for the Police Department went) from $15 to $15.75 as well including 35 bullet proof vests.. Asj for the Fire Department the starting pay went from $10.34 to $12 as well, including a Fire Marshal position, 31 Lieutenants and 1 additional Fire Fighter, as  well as other items mentioned during budget workshop.  For the Water/ Sewer. Fund Total Revenue of$4,860,600 Total Expenditures of84,930,354 Revenue Over/(Under). Exp. (S69,754) during the budget workshop.  Included in this budget is the lease of the smart meters and 1 full time operator. for the Sewer Department and a Part-time position) for the billing department, as well as other items mentioned    Minutes of September 07, 2021 For the Debt Service. Fund Total Revenue of81,554,721 Total Expenditures $1,418,706 Revenue Over/(Under). Exp. $136,015 For Hotel Tax Fund Total Revenue of8103,500 Total Expenditures $102,903 Revenue Over/ (Under) Exp. $597 No citizen participation PUBLICHEARING  Page2  Public Hearing on Proposed Tax Rate $0.5817/S100.00 Valuation for the City of Alamo for City Manager Robert Salinas stated the tax rate iss split into 2 categories, one is the maintance and operating) fund which! pays. fors salaries and daily operations thati is. .$5102 andi the second category ist the interest and sinking fund which pays our debt and certifications $.0715for a total tax rate of Pastor Tuttle. stated based on sales tax increases of 13% and the property values have gone up he E. Consideration and Action to: approveal Memorandum ofUnderstanding between the City of Alamo and South' Texas ISD regarding the use of the city's Sports Complex located at City Manager Robert Salinas stated Mr. Rudy Hernandez from South Texas ISD has requested permission to use the Sport Complex parking lot as drop off and pick up, in your, packet is the Commissioner Robert De La Garza motioned to approve, and Commissioner Pilar Garza F. Consideration and Action to: approve: a Resolution for the street closure for thel Inaugural Special Project. Director Melisa Gonzales stated we did pass this item in the last meeting but TXDoTi is now requiring a resolution to be passed to allow road closures of Business 83 and FM Commissioner Robert De La Garza motioned to approve, and Commissioner Pilar Garza G. Consideration and action to nominate a candidate(s) to the Hidalgo County Appraisal  Fiscal Year Beginning October 1, 2021 through September 30, 2022. 8.5817this is the exact tax rate the city has had for the last few) years.  proposes to decrease the tax rate.  6001 E. Ridge Rd.: as aj pick and drop off location. memorandum ofunderstanding agreement. seconded. Motion carried. Self Conchas 5k.  907.  seconded. Motion carried. District Board of] Directors. No action taken  H. Consider and approve an ordinance authorizing the issuance of City of Alamo, Texas General Obligation Refunding Bonds, Series 2021; delegating authority to certain city officials to approve all final terms of the bonds including authorizing the amount, the interest rates, price, redemption provisions and terms thereof and certain other procedures and provisions related thereto; and containing other mattersrelated thereto. City Manager Robert Salinas stated Mr. Rick Perez was here to explain into further detail regarding this parameter ordinance for the 2012 and 2013 refunding bonds. Mayor Diana Martinez asked is this to authorize any city officials, why can' 't our Finance  Director be our authorizer?    Minutes of September 07, 2021  Page3  City Manager. Robert Salinas responded usually iti is me orj you Mayor, last time we did this it was me.. He asked Mr. Perezi withint this ordinance is the City Manager the authorized oficials. Mr. Perez responded) yes, he was contacted. by the Financial Advisor regarding these bonds, these bonds have a. 30) year maturity yet all oft them have a 10 year call feature which means you cannot redeem them before 10 years, itis pretty much refinancing a home with) just lower City Manager Robert Salinas stated just to verify it does state the City Manager, Mayor Finance Director and City Secretary as appropriate officials toi revise this form. Ijust want to confirm on the ordinance it7 reads the City Manager is the authorized official. Mr. Perez responded yes and remember other documents will state the Mayor is also authorized. With this ordinance itc allows for the City Manager to sign oficial documents. Mayor Diana Martinez motioned to approve City Manager as authorized official, and Mayor Consideration and action to: accept Proposed Bid from' TML-IRPI Insurance for] Property, Liability, Workers Compensation, and Cyber Liability and Data Breach Response, for City Manager Robert Salinas stated one complete proposal was submitted, by TML-IRP. Another proposal was submitted incomplete, and only. for Workers Compensation. Staff Commissioner, Robert De La Garza motioned to approve, and. Mayor Pro-Tem Okie Salinas Consideration and action on: an] Interlocal Agreement with the City ofWeslaco for animal City Manager Robert Salinas. stated thisi is annual agreement as) you all recall we usedi tos spend over $100,000 on animal controls since our agreement with the City of Weslaco to date we have Commissioner Robert De La Garza motioned to approve, and Mayor. Pro-Tem Okie Salinas K. Consideration and action regarding a Task Force Agreement between the U.S. Department of Justice, Drug Enforcement Administration and the Alamo Police Police Chief Richard Ozuna stated this item is to enter a Task Force Agreement betweenthe Alamo PD, the U.S. Department of. Justice and the Drug Enforcement Administration to continue to provide investigation resources, as well have a liaison within the department. Commissioner Robert De La Garza motioned to approve, and Mayor Pro-Tem Okie Salinas Public Hearing on a Conditional Use Permit application for the Sale for On-premise Consumption of Alcoholic Beverages (Beer & Winel License), on Lot 12 and thel EastkofLot 13, Block 24, Alamo Original Townsite, located at 506] East Acacia Avenue, Alamo, Texas. Planning Director Sergio Zavala stated the site is at the NW corner of Tower Road and Acacia Avenue. The subject property has a drive-thru commercial building since 2015 as the primary structure. This business currently. sells alcoholic beverages (in cans/bottles): to be consumed OFF- PREMISE. The LMD. summary states that "We are requesting a change of class from an Of premise Consumption Permit to an On-Premise Permit.' " They desire to sell Micheladas, an alcoholic beverage in an open container, as the patron then drives away. Iti is not illegal to selli it to them, but indeed it was illegal toi have an alcoholic beverage in the traveling vehicle, but that  interest rates..  Pro-Tem Okie Salinas seconded. Motion carried.  FY2021-2022.  recommends accepting the TML-IRP bid as proposed.  seconded. Motion carried.  control operations and impoundment.  only spent $44,000. seconded. Motion carried.  Department.  seconded. Motion carried. PUBLIC: HEARING    Minutes ofs September 07,2 2021  Page 4  they (business) were not responsible for this violation or any subsequent accident that may occur. no conferring with Alamo. Police Chief Ozuna qfer this May. 19th meeting, Planning was provided the Open Container statute isi illegal. They have 2i identical ON-PREMISE operations in Edinburg. SiafRecommendation: Ins serious consideration oft the statute andi to not acquiesce in the increase  ofdrivers with open alcoholic containers on Alamo's streets, Planning must  recommend denial.  Pastor Tuttle stated he is against this idea  Mayra Benedetti stateds she agrees sincet they are not checking ID's. Mayor Pro-Tem Okie Salinas askedi ifthis ask only for open container? City Manager Robert Salinas responded yes on-premise  Raul Santiago stated) he represents the applicant, he also stated Ms. Denis is currently operating with a off-premise license, which she can sell wine and beer for off premise consumption. Originally, she wanted to operate with an on- premise sos she can make mix drinks. However, with concern ofo open containers, she has agreed not to. sell on-premise consumption on the premise if  the conditional use permit is approved as wells selling non-open containers. Mayor Pro-Tem: Okie Salinas asked she has to come back and apply?  Planning Director Sergio Zavala responded this is actually what they are doing right now, ifthere  isac change then Isuggest we take itl back to P&z.  City Attorney stated this will) help any clarification with the city and the owners.  L. Consideration and Action on: an Ordinance to granta Conditional use Permit for the Sale for On-premise Consumption of Alcoholic Beverages (Beer & Wine) license), on Lot 12 and the East% ofLot 13, Block 24, Alamo Original Townsite, located at 506 East Acacia Mayor Diana. Martinez motioned to remand it back to P&Z, and Mayor Pro-Tem Okie Salinas Public Hearing on al Rezoning application for 3.42. Acres out ofLot 6, Block 41, Alamo Land and Sugar Company's Subdivision, from Single Family Residential (R-1) District to Light Planning Director Sergio Zavalas stated the vicinity map depicts the. 3.42 acre tract being 233' east of Tower, along the north side of State Highway 495. The surrounding zoning districts are as follows North & East: (R-1) Single Family Residential West: R-1 to the corner tract, The surrounding land uses include the following North & East: vacant acreage West: commercial & a residential use. Finally, the C-1 is the lightest form of commercial zone in Alamo's zoning hierarchy; thus, not being too invasive to any nearby residences. Slafrecommends approval. Planning Director Sergio Zavala responded such as laundry mats, insurance companies and real  Avenue, Alamo, Texas. seconded., Motion carried. PUBLICHEARING Commercial (C-1)District.  Mayor Diana Martinez asked whati is light commercial  state, etc.  Mayor Diana Martinez asked no bars? Planning Director Sergio Zavala responded no  Mayra Benedetti asked will this location be considered. spot zoning?    Minutes of September 07, 2021 retain its safe zone.  Pages  Planning Director Sergio Zavala no all along 7-lane State Highway. It's usually not feasible to  Ivan Garcia: stated he is here to answer any questions. District to] Light Commercial (C-1) District.  M. Consideration and Action on Ordinance to rezone 3.42 Acres out of Lot 6, Block 41, Alamo Land and Sugar Company's Subdivision, from Single Family Residential (R-1) Commissioner Robert De La Garza motioned to approve, and Mayor Dian. Martinez seconded. Public Hearing on al Rezoning application for 17.30 Acres out ofLot 6,1 Block 41, Alamo) Land and Sugar Company's: Subdivision, from Single Family Residential (R-1) District tol Duplex, Planning Director Sergio Zavala stated the vicinity map depicts the. 17.30 acres being 233' from the NE corner of Tower Road & Planning Director Sergio Zavala State Highway 495. The surrounding zoning districts reflect thej following: North & East: (R-1). Single Family. Residential West: (C) Commercial and (R-MH) Mobile Home & Modular Home District South: R-1. The surrounding land uses include the following North: Estate Residential; open canal/ditch, East: N. Consideration and Action on Ordinance to rezone 17.30 Acres out of Lot 6, Block 41, Alamo Land and Sugar Company's Subdivision, from Single Family Residential (R-1) District tol Duplex, Multi-family & Townhouse Dwelling (R-2) District. Commissioner Robert De La Garza motioned to approve, and Commissioner Pilar Garza O. Final Subdivision Plat Approval for Buena Vista Estates Phase I, 21.31 Acres of Lot 8, Block 30, Alamo Land and Sugar Company Subdivision; plat is in Alamo's ETJ; the Developer is Dulce M. Hernandez; the Project Engineer is Spoor Engineering Planning. Director Sergio Zavala stated Plat is qpproximately 1900' west of Border. Road, along the north side of EL Gato. There are 107 single family residential lots meeting all city area dimensions. AII lots will) have paved public access thru a 4-street grid system. The street names also complies witht the city'sstreet name alignment policy. South 3rds street willi increase its current 30'1 ROW tol be. 50'1 ROW, and will be paved on the plats' side oft thes street to then be compliant to code. On the northernmost, point of3 3rd Street, itis blocked by existing developments thus appearing to be a dead-end. street. However, ai rectangular cul-de-sac has been proposed to provide a smoother traffic flow at this juncture for the 2 affected lots --staff does not object to this hybrid cul-de-sac since it only serves 2 lots &i is unique to this development, and its wider pavement. section. seems to serve this limited need. . Water service will be from the Military Highway Water Supply Corporation which has CCN authority in this ared. There isan existing 12", water line along El Gato) from) where al looped 8" network will be extended through the street grids system to serve all lots. There willz be at total of8f fire hydrants installed to provide this measure of protective security. Hydrants are spaced at intervalsjunctures approved by the Fire Marshal. There is ane existing 8" sewer gravity line along El Gato. This developer will install as series of 8" and a stretch of 12" sewer lines to provide sewer to the properties. Manholes are evident atj junctures approved by the Public Works Department. Park fees will be required to the extent of 107 lots x $300Hot = $32,100. Staff Recommendation: Approval subject to complying  Motion carried. PUBLIC, HEARING  Multi-family & Townhouse Dwelling (R-2) District.  Vacant acreage West: Mobile Home/trailers. Staff Recommends approval.  seconded.. Motion carried.  Consultants.  with all city subdivision codes and policies. Planning Director Sergio Zavala responded) yes  City Manager Robert Salinas asked if both the water and: sewer are military?    Minutes of September 07, 2021  Page6  Mayor Diana Martinez asked what is the possibility of them annexing voluntarily? we can recommend: it. We need to annex everyone, ina 1,000f swath. tog go on road right of way, otherwise known as a lollipop annexation.  Planning Director Sergio Zavala responded if they connect to a city line they would have too, or City Manager Robert Salinas stated in 2015 the law changed for annexation to allow annexation Commissioner Robert De La Garza motioned to approve, and Commissioner Pilar Garza P. Consideration and Action on Ordinance to Amend' Title 10- Zoningl Regulations,' Section 10-9-1 (A) toi include Restaurants' as a Permitted use' in the Commercial (C) District. Planning Director Sergio Zavala statedi in staff's recent preparation, foral P&Z item, staffobserved that Restaurants'" were not included as a permitted use in the Commercial District. Alamo obviously has long had many) fine restaurants in its 'C'zoning district; thus, this circumstance was deemed an inadvertent omission. This ordinance. simply includes Restaurants' as a permitted use int the 'C' district. Also, since the City has issued many permits, business licenses, other associated permits, and conducted inspections for restaurants, this ordinance will also ratify such permits andi inspection. services since they were done in good faith & under the logical assumption that a Restaurant" was indeed a permitted use in its Commercial zoning district. Staff recommends Mayor Pro-Tem Okie Salinas motioned to approve, and Commissioner Pilar Garza seconded. Consideration and Action on Ordinance to Amend Title 4. -Health and Safety, Chapter 4-'Nuisances' by adding Section 4-4-7 'Bee Eradication Response Initiative' (BERI) as Planning Director Sergio Zavala. stated af few weeks ago, there was an issue with the City mowing ay weedy lot where there were lots of swarming bees impeding the city's public works staff from continuing the necessary work. This case, which I'd. suspect is not un-common, but it did reveal administrative areas that could be improved upon --the attached ordinance will immediately resolve those issues of reluctance and procedural confusion. The ordinance establishes the Bee Eradication Response Initiative (BERI). It is a common-sense approach in taking care of non- emergency bee issues by using the public nuisance process of 'Notice' & follow-through; as well as promptly activating 'inj place measures' (owner signing a 'Release and Process' instrument; or using the Standing Court Order or City Manager's Executive Order) to promptly take care of the emergency bee problem.. Ihave attacheda Sample Release' immediaelyjollowing the ordinance. Mayor Pro-Tem Okie Salinas motioned to approve, and Commissioner Pilar Garza seconded. R. Consideration and Action on Ordinance to Amend Title l-Administration, Chapter 6 'City Officers and Employees' by adding Section 6.11 in this Chapter' inclusivereference to the City's Personnel Policies, being the 'Training, Certification, and/or Licensing Restitution Policy'; and Updating its Holidays provision in Section 6.01 of the City's Planning Director Sergio Zavala stated when the City pays for an employees' cost of registration, per diem, housing, & overall workshop training so that said employee may. securead certain license or certification to better serve the City of4 Alamo, it occasionally occurs that this same employee soon departs to another entity, for higher pay. Under this circumstance, there is no restitution for the taxpayers that honorably sponsored that accreditation. A restitution policy will provide a neededj financial balance. The proposed ordinance establishes a Restitution Policy for the costs of training, certification, and/or licensing should thate employee depart within Iyearc of when the city  seconded. Motion carried.  approval. Motion carried.  the City's Bee Response Policy.  Staff recommends approval. Motion carried.  Personnel Policies.    Minutes of September 07, 2021  Page7  incurred these costs. Thej formula was developed with a common-sense approach, ie., the sooner the employee would leave after securing the license (for example), the more the percentage of restitution back toi the City. On the other) hand, ifthe employee stays forg quites some time afterwards (but less than lyear), then the percentage is less. NOTE: After 13 year of such paid accreditation, therei is no restitution. The onlye exception proposedi is when ane employee whol has workedfaithfully for the City of Alamo for a minimum of 10 consecutive years, desires to retire and submits the appropriate retirement paperwork. In appreciation oft that employees' loyalty to the citizens_for 10+ years, it was felt that theres should be 0%1 restitution considered. The other component ofthis ordinance is updating the holidays for the City of Alamo. As you may. know, Alamo has 11 days; most other cities have 14 days; FYI Mercedes is at 17. The proposed 2 holidays are consistent to Mayor Diana Martinez motioned to approve, and Commissioner Robert De La Garza seconded. CITIZEN PARTICIPATION: Fivei minutes per person with noi response from the City Mayra Benedetti stated for the board of commission to be more involved with city employees There being noj further business, Mayor Diana Martinez adjourned the meeting at 6:55 pm  some of the ones recognized by other entities.  Motion carried.  ADJOURNMENT  Citizens are encouraged to sign the attendance sheet.  Auicnath Mayor Diana Martinez)  ATTEST:  SApBak  0, TE