[00:00:04] >> [MUSIC]. NOW FROM MCALLEN CITY HALL, A MEETING OF THE MCALLEN CITY COMMISSION. [NOISE] >> WE WILL CALL THIS MEETING TO ORDER. [NOISE] WE HAVE THE PLEDGE OF ALLEGIANCE FOLLOWED BY THE IMPLICATION BY COMMISSIONER [INAUDIBLE] OF ALLEGIANCE] [NOISE] PLEASE REMAIN STANDING. >> PLEASE BOW YOUR HEAD. GOD OF ALL NATIONS, FATHER OF THE HUMAN FAMILY, WE GIVE YOU THANKS FOR THE FREEDOM WE EXERCISE AND THE MANY BLESSINGS OF DEMOCRACY WE ENJOY IN OUR GREAT CITY AND THESE UNITED STATES. WE ASK FOR YOUR PROTECTION AND GUIDANCE FOR ALL WHO DEVOTE THEMSELVES TO THE COMMON GOOD, WORKING FOR JUSTICE AND PEACE AT HOME AND AROUND THE WORLD. WE LIFT UP ALL OUR NEWLY ELECTED LEADERS AND PUBLIC SERVANTS. THOSE WHO WILL SERVE US AS MAYOR AND AS [NOISE] COMMISSIONERS. HEAL US FROM OUR DIFFERENCES AND UNITE US WITH A COMMON PURPOSE, DEDICATION, AND COMMITMENT TO ACHIEVE FAIRNESS IN DOING WHAT'S RIGHT IN THE YEARS AHEAD FOR ALL PEOPLE AND ESPECIALLY [NOISE] THOSE WHO ARE MOST VULNERABLE IN OUR MIDST. AMEN. >> AMEN. [NOISE] >> WE HAVE TWO PROCLAMATIONS. WORLD FOOD SAFETY DAY. WHO'S THE LUCKY ONE? COMMISSIONER RAMIREZ. [NOISE] >> THANK YOU. WE'VE ALWAYS HAD THE PROCLAMATION. WELL, I GUESS THIS IS AN AMAZING DAY FOR US HERE IN MCALLEN. WE HAVE A NEW BOARD. I'M VERY HAPPY TO BE WORKING WITH EVERY SINGLE PERSON UP THERE. IT'S ALSO A REALLY GOOD DAY TO REMIND PEOPLE ABOUT FOOD SAFETY. YES, WE DO HAVE A NEW MAYOR, BUT THE GENTLEMEN UP HERE, THEY'RE IN CHARGE OF MAKING SURE THAT OUR FOOD IS SAFE TO CONSUME BECAUSE IT IS AN ISSUE. [PROCLAMATIONS] [World Food Safety Day] THAT IS WHY TODAY WE ARE PROCLAIMING FOODBORNE ILLNESS IS A SERIOUS PUBLIC HEALTH PROBLEM IN THE US. THE CDC ESTIMATES THAT FOODBORNE ILLNESSES CAUSED APPROXIMATELY 48 MILLION ILLNESSES 128,000 HOSPITALIZATIONS AND 3,000 DEATHS IN THE US EACH YEAR. WHEREAS THE ECONOMY AND FINANCIAL BURDEN OF FOODBORNE ILLNESS HAD BEEN PROVEN. THE ANNUAL ECONOMIC BURDEN OF FOODBORNE ILLNESS IN THE US IS ESTIMATED TO BE $36 BILLION. ESTIMATION OF THIS BURDEN INCLUDES COSTS SUCH AS MEDICAL CARE, HOSPITALIZATION, CHRONIC ILLNESS, AND EVEN DEATH. WHEREAS OUTBREAKS INCURS RETAIL FOOD ESTABLISHMENTS UP TO $2.6 MILLION. IN 2015, A MAJOR CHAIN RESTAURANT HAD SEVERAL FOODBORNE ILLNESS BREAKOUTS RELATED TO ALKALI, SALMONELLA, AND NOROVIRUSES THAT GAINED SIGNIFICANT MEDIA ATTENTION. THESE OUTBREAKS RESULTED IN A SALES DROPPING BY 14.6 PERCENT AND REVENUE DECREASING BY 6.8 PERCENT. WHEREAS THE CDC HAS IDENTIFIED FIVE FACTORS ASSOCIATED WITH FOODBORNE ILLNESS IN THE RETAIL FOOD INDUSTRY: POOR PERSONAL HYGIENE, IMPROPER FOOD HOLDING TEMPERATURE, CONTAMINATED EQUIPMENT, INADEQUATE COOKING TEMPERATURES, AND FOOD OBTAINANCE FROM AN UNSAFE SOURCE. MORE THAN ONE-HALF OF FOODBORNE ILLNESSES OUTBREAKS ARE CONNECTED TO RESTAURANTS OR OTHER COMMERCIAL FOOD OUTLETS. NOW, THEREFORE, I, TANIA RAMIREZ, CITY COMMISSIONER FOR THE WONDERFUL CITY OF MCALLEN BY THE VIRTUAL VESTED IN ME MEET ON BEHALF OF THE MAYOR AND THE CITY COMMISSION, I PROCLAIM JUNE 7TH, 2021, WORLD FOOD SAFETY DAY. THANK YOU. [APPLAUSE] >> THANK YOU, COMMISSIONER RAMIREZ. MAYOR VILLALOBOS, AND THE REST OF THE COMMISSIONERS, AND THE CITY MANAGERS. I WANT TO PERSONALLY THANK YOU FOR RECOGNIZING THE IMPORTANCE OF FOOD SAFETY AND SAFEGUARDING OUR FOOD SUPPLY IN MCALLEN THROUGH SCIENCE-BASED PRINCIPLES. [00:05:01] OUR CITY PROTECTS PUBLIC HEALTH BY COLLABORATING EXTENSIVELY WITH OTHER GOVERNMENT AGENCIES, UNIVERSITIES, PRIVATE SECTOR PARTNERS TO SAFEGUARD THE REGION'S FOOD SUPPLY, PREVENT FOODBORNE ILLNESSES, AND EDUCATE ALL FOOD HANDLERS, INCLUDING CONSUMERS, WHILE STRENGTHENING OUR RELATIONSHIPS THROUGHOUT THE US MEXICO BORDER. OUR FOOD SAFETY DIVISION IS COMPRISED TO PROFESSIONAL REGISTERED SANITARIANS AND ENVIRONMENTAL HEALTH SPECIALISTS WITH OVER 50 YEARS OF EXPERIENCE AMONG US UP HERE. WE REGULATE OVER 1400 RESTAURANTS IN THE CITY OF MCALLEN. I'D LIKE TO INTRODUCE OUR STAFF, GUADALUPE FLOREZ, RICARDO RODRIGUEZ, RYAN REYEZ, AND SAM GARZA. THANK YOU VERY MUCH. [APPLAUSE] >> NEXT WE HAVE ELDER ABUSE PREVENTION RUN BY COMMISSIONER ZAMORA. >> GOOD AFTERNOON, EVERYONE. CITY OF MCALLEN PROCLAMATION, STATE OF TEXAS, COUNTY HIDALGO, CITY OF MCALLEN. WHEREAS PEOPLE WHO ARE ELDERLY OR HAVE DISABILITIES HAVE CONTRIBUTED TO THE GENERAL WELFARE OF THIS COMMUNITY BY HELPING TO PRESERVE CUSTOMS, CONVICTIONS, AND TRADITIONS OF MANY PEOPLE FROM DIVERSE BACKGROUNDS. WHEREAS THESE RESIDENTS ARE VITAL AND INTEGRAL MEMBERS OF OUR SOCIETY AND THEIR WISDOM AND EXPERIENCE HAVE ENRICHED OUR LIVES. WHEREAS ABUSE OF THE ELDERLY AND PEOPLE WITH DISABILITIES IN DOMESTIC AND INSTITUTIONAL SETTINGS IS A WIDESPREAD PROBLEM AFFECTING HUNDREDS OF THOUSANDS OF PEOPLE ACROSS THE COUNTRY. [Elder Abuse Prevention Month] WHEREAS IN 2020, THERE WERE 86,614 COMPLETED CASES OF ELDERLY AND DISABLED ABUSE IN TEXAS, AT WHICH 52,506 WERE CONFIRMED. WHEREAS ELDER ABUSE IS GROSSLY UNDERREPORTED BECAUSE THE ELDERLY WHO ARE BEING ABUSED FIND IT VERY DIFFICULT TO TELL ANYONE AND ARE USUALLY ASHAMED AND SOMETIMES AFRAID. WHEREAS ELDER ABUSE HAPPENS TO MEN AND WOMEN OF ALL INCOME LEVELS, ALL CULTURAL AND ETHNIC GROUPS, WHETHER THEY ARE IN GOOD HEALTH OR INCAPACITATED IN SOME WAY, IMPORTANT NEIGHBORHOODS, AND IN SUBURBIA. WHEREAS ANY OF THE CASES INVESTIGATED BY TEXAS ADULT PROTECTIVE SERVICES INVOLVES SELF-NEGLECT, AND IT IS OUR DUTY AS CITIZENS TO REACH OUT TO PEOPLE IN NEED. NOW, THEREFORE, I JOAQUIN ZAMORA, CITY COMMISSIONER FOR THE CITY OF MCALLEN, TEXAS, BY VIRTUE OF THE POWER INVESTED IN ME AND THE BEHALF OF THE BOARD OF COMMISSIONERS AND THE MAYOR OF THE CITY OF MCALLEN, DO HEREBY PROCLAIM THIS MONTH, JUNE 2021, ELDER ABUSE PREVENTION MONTH. [APPLAUSE] >> GOOD EVENING. MY NAME IS JESSE FRANCO, CENTER MANAGER OF OUR COMMUNITY CENTER. THIS IS A VERY TOUCHY SUBJECT JUST BECAUSE IT DOES HAPPEN AND IT HAS OCCURRED WITHIN OUR COMMUNITY CENTERS. ON BEHALF OF THE CITY OF MCALLEN, WITH OUR COMMUNITY CENTERS, WE STRIVE TO CREATE PROGRAMS FOR SENIORS BECAUSE WE KNOW THAT OUR COMMUNITY CENTERS ARE THEIR SECOND HOME. SOME OF OUR COMMUNITY CENTERS ARE THEIR FIRST HOME. WE PROVIDE PROGRAMS, WE PRIZE SPECIAL EVENTS, EVEN MEALS FOR OUR SENIORS. DO NOT HESITATE TO CONTACT US AT ANY OF OUR COMMUNITY CENTERS. PALM VIEW COMMUNITY CENTER AT 6-813-360, LAS PALMAS COMMUNITY CENTER AT 6-813-350, AND LARK AT 6-813-340. THIS IS SOMETHING VERY SERIOUS AND WE'RE HERE FOR OUR RESIDENTS, FOR OUR SENIORS, AND WANT TO THANK YOU AND OUR PARTNERSHIP THAT WE HAVE WITH OUR AGENCY, WITH GUSTAVO AND HIS TEAM. THANK YOU. [NOISE] [APPLAUSE]. >> THANK YOU. COMMISSIONERS MAYOR VILLALOBOS. MY NAME IS MARIVEL GONZALEZ. I WORK WITH ADULT PROTECTIVE SERVICES. THESE ARE MY COLLEAGUES, AMANDA HADA, ROBERT MARTINEZ, AND DAISY FUENTES. FIRST OF ALL, I WANT TO THANK THE CITY OF MCALLEN AND ITS GREAT LEADERS FOR HELPING US RAISE ABUSE AWARENESS. AT ADULT PROTECTIVE SERVICES WE INVESTIGATE ABUSE, NEGLECT, AND FINANCIAL EXPLOITATION OF ADULTS 65 AND OVER, AS WELL AS THOSE OVER THE AGE OF 18 WITH A SUBSTANTIAL DISABILITY. ELDER ABUSE CAN BE PHYSICAL, EMOTIONAL, SEXUAL, AND FINANCIAL. IN 2020, OVER 2500 REPORTS OF ABUSE AND NEGLECT WERE RECEIVED IN THE RIO GRANDE VALLEY AREA ALONE. OVER 117,000 ALLEGATIONS WERE RECEIVED ACROSS THE STATE FOR THE SAME YEAR. MILLIONS OF TEXANS ARE OVER THE AGE OF 65 OR HAVE A DISABILITY. APS SPECIALISTS SUCH AS THOSE STANDING HERE BESIDE ME INITIATE AN INVESTIGATION OF ALL REPORTS WITHIN 24 HOURS OF RECEIPT OF THE REPORT. [00:10:02] SERVICES PROVIDED CAN INCLUDE FINANCIAL ASSISTANCE FOR RENT AND UTILITIES, SOCIAL AND HEALTH SERVICES, LEGAL ACTIONS SUCH AS EMERGENCY ORDERS FOR PROTECTION, AND REFERRALS TO OTHER COMMUNITY SERVICES. RAISING AWARENESS AND TAKING STEPS TO PREVENT ABUSE IN OUR COMMUNITY IS EVERYONE'S BUSINESS. IF YOU SUSPECT ABUSE, NEGLECT, OR EXPLOITATION, PLEASE REPORT IT. ALL REPORTS ARE CONFIDENTIAL AND OUR HOTLINE IS OPEN 24/7. TO REPORT SUSPECTED ABUSE, NEGLECT, AND EXPLOITATION YOU MAY CALL 1-800-252-5400 OR REPORT ONLINE AT WWW.TEXASABUSEHOTLINE.ORG. ADULT PROTECTIVE SERVICES HAS REMAINED ON THE FRONTLINE TAKING ON EVERYDAY CHALLENGES ALONG WITH THE NEW CHALLENGES BROUGHT ON BY A GLOBAL PANDEMIC. WE SERVE WITH PASSION AND DEDICATION TO PROTECT YOUR FAMILIES AND OURS DAY IN AND DAY OUT. WE THANK OUR LOCAL GOVERNMENT AND OUR COMMUNITY FOR SUPPORTING US IN THIS MISSION. ONCE AGAIN, THANK YOU. [APPLAUSE] >> THANK YOU VERY MUCH, MARIVEL, AND JESSE. THANK YOU FOR ALL YOU DO FOR OUR COMMUNITY. THANK YOU. >> WE'LL CONTINUE AS COMMISSIONER ZAMORA TAKES CARE OF BUSINESS. THERE WAS NO PUBLIC COMMENTS? ITEM 1A PUBLIC HEARING ROUTINE ITEMS. THESE ARE GENERALLY COME WITH A FAVORABLE RECOMMENDATION. SHOULD THE COMMISSION DESIRE TO PULL ONE OUT WE CAN DO THAT. [NOISE] >> MAYOR, COMMISSIONERS, WE HAVE FOUR CUPS TODAY LISTED UNDER ROUTINE. AS ALWAYS, THEY COME WITH FAVORABLE RECOMMENDATIONS IN PLANNING AND ZONING AS WELL AS HAVING NO OPPOSITION. HOWEVER, IF A DISCUSSION IS DESIRED, WE CAN TAKE THOSE OUT AND THEY ARE A BAR AT 400 NOLANA SUITE A3, A BAR AT 400 NOLANA SUITE H1, A NIGHTCLUB AT 2021 ORCHID, AND A CONDITIONAL USE PERMIT FOR LIFE FOR THE USE FOR A SINGLE-FAMILY DWELLING IN A COMMERCIAL ZONE, THAT ONE'S AT 801 JACKSON AVENUE. >> ANY ISSUES? >> I'LL MAKE A MOTION TO APPROVE ITEMS 1-4. [1. PUBLIC HEARING] [A) ROUTINE ITEMS] >> SECOND. >> FIRST AND SECOND, ALL IN FAVOR? >> AYE. >> AYE. >> AYE. [LAUGHTER]. >> AYE. >> I WAS WAITING FOR THE ALL OPPOSED [BACKGROUND] YOU-ALL HEARD A DIFFERENT VOICE. [LAUGHTER] OKAY. THE ITEM IS 1D REZONING. >> YES, SIR. THIS IS REZONING FOR MARK 38 TO C1 AT 1105 VINE AVENUE. THIS PROPERTY IS LOCATED ON THE SOUTH SIDE OF VINE AVENUE, APPROXIMATELY 235 FEET EAST OF NORTH 12. THE ADJACENT ZONE IS R38 TO THE NORTH AND WEST AND C3 TO THE SOUTH AND EAST. THE APPLICANT IS REQUESTING TO REZONE TO C1 TO REMODEL AN EXISTING HOUSE FOR OFFICE USE. THERE HAS BEEN NO FEASIBILITY PLANS SUBMITTED YET. DEVELOPMENT TRENDS IN THIS AREA ARE COMMERCIAL AND MULTIFAMILY RESIDENTIAL. STAFF DID RECEIVE A CALL FROM A RESIDENT WITH CONCERNS ABOUT TRASH PICKUP AND TRAFFIC IN THE ALLEY BUT HE DID MENTION A COUPLE OF TIMES THAT HE WAS NOT OPPOSED TO THE REZONING. AT THE PLANNING AND ZONING MEETING OF MAY 18TH, THAT GENTLEMAN SHOWED UP AGAIN WHERE THEN P AND Z CHAIR [INAUDIBLE] AND MYSELF LET THEM KNOW WHICH DEPARTMENTS WOULD TAKE CARE OF THAT AND AGAIN, HE JUST SAID THAT HE WAS CONCERNED BUT HE'S NOT OPPOSED TO THE REZONING. IT WAS ULTIMATELY UNANIMOUSLY RECOMMENDED FOR APPROVAL. WE ARE RECOMMENDING APPROVAL. [B) REZONING] [1. Rezone from R-3A (multifamily residential apartment) District to C-1 (office building) District: Lot 22, Gartman’s Subdivision, Hidalgo County, Texas; 1105 Vine Avenue.] >> DO I HEAR A MOTION TO APPROVE? >> [OVERLAPPING] TO MOVE. >> SECOND. >> ALL IN FAVOR? >> AYE. >> AYE. >> AYE. >> OPPOSED? >> I NEED TO RECUSE MYSELF FROM THIS ACTION. >> OKAY. MOTION CARRIES. CONDITIONAL USE PERMIT, ITEM C. >> IT SERVES AS A CONDITIONAL USE PERMIT FOR LIFE FOR THE USE OF A CELL PHONE TOWER AT 189 NORTH 23RD. THIS PROPERTY IS LOCATED ON THE NORTHWEST CORNER OF BUSINESS 83 AND 23RD. IT IS ZONED I1, LIGHT INDUSTRIAL. THE ADJACENT ZONE IS I1 TO THE WEST, EAST, NORTH, AND SOUTH WITH SOME C3 TO THE NORTHEAST AND TO THE SOUTH AS WELL. SURROUNDING USES INCLUDE BUSINESSES AND WAREHOUSES. THE APPLICANT IS PROPOSING A CELL PHONE TOWER IN THE LEAST AREA. THE ITEM WAS HEARD AT THE MAY 18TH PLANNING AND ZONING COMMISSION MEETING. THERE WAS NO OPPOSITION AND IT WAS UNANIMOUSLY RECOMMENDED FOR APPROVAL. WE ARE RECOMMENDING APPROVAL. >> DO I HEAR A MOTION TO APPROVE? >> [OVERLAPPING] MOTION APPROVED >> SECOND. >> OKAY. ALL IN FAVOR? >> AYE. >> AYE. >> AYE. >> OPPOSED? MOTION PASSES, THEN WE NEED A MOTION TO AMEND THE ZONING ORDINATES. >> SECOND. >> ALL IN FAVOR? >> AYE. >> AYE. >> AGAINST? MOTION PASSES. [00:15:01] THEN WE HAVE THE CONSENT AGENDA ITEMS 2, 8 THROUGH I, DOING A POLARITY [OVERLAPPING] WE'LL CLOSE THE PUBLIC HEARING. WHICH ONES? >> ITEM C AND E. >> ANYBODY ELSE? IF NOT, DO I HEAR A MOTION TO APPROVE ITEMS 2A THROUGH I MINUS C AND E? >> DON'T MOVE. >> SECOND. >> ALL IN FAVOR? >>AYE. >> AYE. >> AYE. >> AGAINST? MOTION CARRIES. ITEM 2C, AWARD OF CONTRACT FOR VARIOUS TYPES OF CONCRETE FOR THE YEAR 2021. >> GOOD EVENING, MAYOR, COMMISSIONERS, YES, SIR. >> I WANTED TO GET YOUR FEEDBACK ON THIS ITEM BECAUSE OF THE LIMITED AMOUNT OF BIDS. WAS WONDERING IF IT WAS SUFFICIENT IN ORDER FOR US TO APPROVE THIS TYPE OF CONTRACT AND WHETHER OR NOT THOSE BIDS WERE WITHIN APPROPRIATE AMOUNTS. [2. CONSENT AGENDA] >> YES, SIR. I THINK THE LAST TIME WE WENT OUT FOR BIDS FOR THIS PROJECT AS WELL, THERE WERE LIMITED BIDDERS ON IT. I WILL SAY THAT THE COMPANY THAT DID BID, ARTILLERY HAS BID ON THE PROJECT BEFORE AND THERE MAY BE SOME ISSUE WITH THE BIDDERS THAT ARE RESPONDING BECAUSE THIS TYPE OF BID ARE VERY SMALL AMOUNTS SO IF WE NEED TO REPLACE A SECTION OF SIDEWALK, OR A RAMP, IT'S VERY LIMITED ITEMS THAT WE'RE DOING, IT'S NOT A FULL CONSTRUCTION PROJECT SO I ANTICIPATE THAT IF WE WERE TO GO OUT FOR BID AGAIN, IT'D BE A SIMILAR TYPE OF A RESPONSE. [C) Award of Contract for Various Types of Concrete 2021.] THE PRICES THAT THEY DID SUBMIT I THINK ARE IN LINE WITH WHAT WE'RE GOING TO BE SEEING OR MIGHT BE SEEING AND ALTHOUGH SOME OF THEM MAY BE A LITTLE BIT HIGHER, IT'S ALSO BECAUSE THEY'RE SMALLER [OVERLAPPING] QUANTITIES AS WELL. >> SOUND'S GOOD. MOTION TO APPROVE. >> SECOND. >> ALL IN FAVOR? >> AYE. >> AYE. >> OPPOSE? >> MOTION PASSES. ITEM E, AWARD OF SERVICE CONTRACT FOR GRINDING BRUSH AND WOOD WASTE. >> YES, SIR. >> THOUGH ON THIS ITEM, WELL, ONE BIG PICTURE, WOULD WE CONSIDER DOING IT IN-HOUSE AT SOME POINT AND THE SECOND THING IS, DO WE HAVE ANY INFO ON BIG T WHO IS THE COMPANY THAT IS BEING RECOMMENDED TO TAKE ON THIS PROJECT, WHAT THEIR TRACK RECORD IS, HISTORY, THEY'VE DONE THIS BEFORE FOR OTHER CITIES? THAT KIND OF THING. >> YES, SIR. ACTUALLY, WE DO NOT RECOMMEND DOING THIS SERVICE IN-HOUSE. THE PURCHASE OF A GRINDER, THIS SIZE NEEDED FOR THE AMOUNT OF BRUSH THAT WE GENERATE IS CLOSE TO $1 MILLION AND THE MAINTENANCE COST IS OUTRAGEOUS. WE'D HAVE TO STAFF IT UP AS WELL AND SO THE FEASIBILITY FOR US DOING THIS IN-HOUSE IS NOT THERE. [E) Award of Service Contract for Grinding Brush and Wood Waste.] NOW, WE DID CALL THE REFERENCES FOR THE COMPANY THAT WE ARE PROPOSING AND THEY'RE CURRENTLY DOING BUSINESS WITH THE COUNTY, AND THE COUNTY HAD NOTHING BUT GREAT THINGS TO SAY ABOUT THEM. THEY'RE RESPONSIVE, THEY'RE ON TIME, AND THEY DO GOOD SERVICE SO WE WENT WITH THAT RECOMMENDATION OBVIOUSLY BECAUSE THE PRICING WAS ALSO FAVORABLE FOR US. >> GREAT. CAN I MAKE A MOTION TO APPROVE STAFF RECOMMENDATION? >> I WANT TO JUST ASK A QUESTION, MY APOLOGIES. MRS. ALONZO, HOW HAS THE CITY OF MCALLEN BEEN GRINDING THE BRUSH TO MAKE THE COMPOST IN THE YEARS PAST? >> WE'VE HAD A CONTRACT [OVERLAPPING] THE WHOLE TIME. >> THE WHOLE TIME? >> YES, SIR. >> WELL, IN MY RECENT HISTORY WHICH SOMETIMES IS A LITTLE CONFUSED, I THOUGHT WE HAD PURCHASED GRINDERS, [NOISE] MAYBE THE ONES THAT YOU PULL? >> THOSE ARE CHIPPERS. >> OH, CHIPPERS? >> YEAH, THOSE ARE CHIPPERS. >> THOUGHT THOSE ARE GRINDERS. >> YES. >> THERE'S A DIFFERENCE. >> THERE'S A BIG DIFFERENCE, YES SIR. >> ALL RIGHT, THANK YOU. SECOND. >> I HAD A QUESTION. MY QUESTION WAS JUST MORE ALONG THE LINES OF WHEN WE PICK IT ALL UP, DO WE TAKE IT TO PUBLIC WORKS, AND THEN FROM THERE YOU'LL COMPILE IT AND THEN TAKE IT, OR IS IT DROPPED OFF EACH TIME? >> NO. THE [NOISE] BRUSH COLLECTION AND CREW HAS A ROUTE AND SO WE PICK UP ALL BRUSH. THE CLEAN BRUSH GOES TO OUR COMPOSTING FACILITY WHICH IS LOCATED ON MONTE CRISTO ROAD, AND THAT'S WHERE THE ACTUAL PROCESSING TAKES PLACE. NOW, THE DEBRIS AND THE BRUSH OR THE LEAVES THAT ARE BAGGED IN PLASTIC BAGS, THOSE ACTUALLY GO TO THE LANDFILL. THAT'S OUR PROCESS. WE DO HAVE A COLLECTION POINT AT THE RECYCLING CENTER, 4201 NORTH BENTSEN ROAD, FOR THOSE THAT DON'T WANT TO LEAVE THEIR BRUSH OUT IN [00:20:03] THE ALLEY OR IN FRONT OF THEIR PROPERTY FOR THOSE THAT DON'T HAVE ALLEYS, AS AN ADDED SERVICE. WE ALSO DO HAVE FREE ROLL-OFF CONTAINERS THAT ARE AVAILABLE UPON REQUEST FOR THE WEEKEND. WE PLACE THEM ON FRIDAYS AND WE PICK THEM UP ON MONDAYS, AND IT'S STRICTLY FOR BRUSH. IF THE RESIDENTS PLACE ANY DEBRIS IN IT, THERE WILL BE A CHARGE. [OVERLAPPING] >> MY NEXT BIG QUESTION NOW IS FOR THE AUDIENCE AND MYSELF. WHAT'S THE DIFFERENCE BETWEEN A GRINDER AND A CHIPPER? >> [LAUGHTER] THE CHIPPER IS [OVERLAPPING]. >> I KNOW THEY WANT TO KNOW [LAUGHTER]. >> THE CHIPPER IS SOMETHING YOU CAN HAUL AROUND IN THE BACK OF A PICKUP TRUCK OR A LARGE PICKUP TRUCK. AS YOU'RE CUTTING THE TREE BRANCHES, YOU CAN ACTUALLY RUN THEM THROUGH THE CHIPPER AND IT CREATES THE MULCH RIGHT THERE AND THEN, AND THE GRINDER IS A MASSIVE PIECE OF EQUIPMENT THAT NEEDS A SPECIAL LICENSING TO RUN THAT. >> THANK YOU VERY MUCH. NOW YOU ALL KNOW [LAUGHTER]. DID I GET A- >> WE HAVE A MOTION ON SECOND. >> THE SECOND ALL IN FAVOR? >> AYE. [OVERLAPPING] >> OPPOSE? MOTION CARRIES. [NOISE] NOW TO THE GOOD ONES, ITEM 3A, AWARD OF CONTRACT FOR MCALLEN NEW PARKS FACILITY AND METRO TRANSFER STATION. [NOISE] >> YES, MAYOR, THESE ARE THE GOOD ONES [LAUGHTER]. FOR THIS ITEM, PURCHASING CONTRACT DEPARTMENT RECEIVED NINE BIDS ON MAY 18TH, 2021. THE BIDS WERE FOR THE NEW PARKS FACILITY BASE BID AND ALTERNATE, WHICH CONSISTS OF ADMINISTRATION OFFICE AND MAINTENANCE WAREHOUSE FACILITY FOR PARKS DEPARTMENT, STORAGE FOR PAVILION, PARKING, AND MATERIAL STORAGE. IT ALSO INCLUDES ALTERNATES FOR LOCKERS, BENCHES, AN ADDITIONAL DRIVE TO CONNECT TO THE TRANSIT FACILITY. AS PART OF THE NEW METRO TRANSFER FACILITY, THE BASE BID AND ALTERNATES CONSISTS OF THE NEW TRANSFER STATION, ADMINISTRATION OFFICE, BUS MAINTENANCE BUILDING, EMPLOYEE, VISITOR, AND BUS PARKING, AND ALSO ALTERNATES WHICH INCLUDE THE LOCKERS, BENCHES, AND A CANOPY AT THE ADMINISTRATION BUILDING. A REVIEW OF THE BIDS IDENTIFIED THE APPARENT LOW BIDDER FOR BOTH FACILITIES, D. WILSON CONSTRUCTION, AND A CONTRACT AMOUNT OF $12,906,000. THIS IS APPROXIMATELY $4.7 MILLION OVER OUR BUDGETED AMOUNT. [3. BIDS/CONTRACTS] [A) Award of Contract for McAllen New Parks Facility and Metro Transfer Station.] THUS, AN ALTERNATIVE RECOMMENDATION FOR AN AWARD OF CONTRACT IS BEING RECOMMENDED. MCALLEN METROS EXPRESS INTEREST IN CONTINUING WITH THE PROJECT AS THIS PROJECT IS PART OF THEIR MASTER PLAN AS A STAND-ALONE PROJECT, AND THE APPARENT LOW BIDDER, HOLCHEMONT LTD, WITH A CONTRACT AMOUNT OF $7.028 MILLION WOULD BE RECOMMENDED IF THAT IS AWARDED. THIS IS ALSO APPROXIMATE $2.22 MILLION OVER THE BUDGET AMOUNT, HOWEVER, METRO HAS IDENTIFIED FUNDING SOURCES TO COVER THAT ADDITIONAL EXPENSE. A COPY OF THE BID TABULATIONS IS ATTACHED AND A REPRESENTATIVE FROM THE ARCHITECT'S OFFICE IS HERE AS WELL. OUR CONSULTING ARCHITECT IS HERE AS WELL IF YOU HAVE ANY QUESTIONS. STAFF IS RECOMMENDING ALONG WITH OUR ARCHITECT, [INAUDIBLE] , AWARD OF CONTRACT OF THE BUS METRO TRANSFER STATION, ITEM 7310, TO THE RESPONSIBLE BIDDER, HOLCHEMONT LTD OF MCALLEN, TEXAS, FOR A TOTAL BASE BID AMOUNT AND ALTERNATES IN THE AMOUNT OF $7,00028,000, AND WORK TO BE COMPLETED WITHIN 365 WORKING DAYS. THIS IS SUBJECT TO A BUDGET RE-CLASS. >> [NOISE] SO ON ONE OF THEM WE'RE OVER TWO AND THE TOTAL PROJECT FALL WITH THE OTHER COMPANY? >> YES, SIR. [NOISE] IF WE WERE TO CONSIDER AWARD OF THE ENTIRE PROJECT ON THE PARK SIDE, WE'RE LOOKING AT APPROXIMATELY AN ADDITIONAL OF $2.194 MILLION. THAT'S OVER $2 MILLION WHAT HAD BEEN BUDGETED FOR THE PARKS PROJECT. >> YOU'VE GOT A FEW OPTIONS. [OVERLAPPING] >> YOU'RE SAYING THE $13 MILLION WAS FOR BOTH, EVERYTHING? >> THAT'S RIGHT. >> RIGHT? >> YES. >> THE 13 MILLION IS FOR BOTH FACILITIES AND THE REASON THAT YVETTE BID IT THE WAY SHE DID IS THAT WE'VE GOT TWO FUNDING SOURCES, [NOISE] TWO DISTINCT FUNDING SOURCES FOR THE TWO BUILDINGS. ONE'S, FOR THE MOST PART, IS FEDERAL MONEY, AND SO YOU GET A BIG BANG FOR YOUR BUCK IF YOU AWARDED BECAUSE YOU'RE ONLY CONTRIBUTING ABOUT 10 PERCENT. ON THE PARK SIDE, IT'S ALL US. TWO MILLION DOLLARS IS QUITE A BIT FOR A BUDGET THAT WE HAD. THIS HAS BEEN A VERY LONG PROCESS FOR US. WE HAD TO SECURE RIGHT-OF-WAY, WE HAD TO BUY REAL ESTATE, WE HAD TO MOVE BUSINESSES, AND SO WE FIND OURSELVES A COUPLE OF YEARS DOWN THE ROAD, AND WE'RE JUST BIDDING THIS PROJECT. AS WE ALL KNOW THE WORLD WE'RE IN RIGHT NOW, CONSTRUCTION COSTS ARE THROUGH THE ROOF. WE FIND OURSELVES IN A BOX. WE KNOW THAT TO BE THE REALITY THAT WE'RE IN, [00:25:02] WE DON'T KNOW HOW LONG THAT IS GOING TO LAST, AND SO DO YOU MAKE THE DEAL NOW OR NOT? WE'RE RECOMMENDING FOR SURE THAT YOU AWARD THE BUS STATION PARK. THAT'S UP TO YOU IF YOU WANT TO DO THAT OR NOT. WE HAVE SECURED THE FUNDING FROM THE FEDS TO DO THAT. THE SECOND IS, THE REASON THAT WE PUT OPTIONS IS THAT WE DO HAVE A FUND BALANCE RIGHT NOW THAT COULD DO THE REST OF THIS WORK AS YOU KNOW. WE WERE ABLE TO GET CARES FUNDING THAT WE STILL HAVE A FUND BALANCE FOR. WE COULD BRING IT BACK TO YOU IF YOU'D LIKE AND GIVE YOU AN IDEA OF WHERE THAT WOULD PUT US, BUT THE ALTERNATIVE OF NOT AWARDING THE PARKS PROJECT IS CERTAINLY UNDERSTANDABLE. THAT'S WHY OUR RECOMMENDATION IS WHAT IT IS. >> ROY, THE MONEY FOR THE METRO, THAT WILL COME FROM METRO, RIGHT? >> YEAH. >> OKAY. >> THAT'LL COME FROM METRO THROUGH THE FTA. [NOISE] THE LARGE MAJORITY OF IT GOES TO THE FDA. >> THAT'S GOOD. THE ONLY PROBLEM IS STILL TAXPAYER MONEY. WE ALWAYS TALK ABOUT VALUE ENGINEERING AND WE CAN REDUCE. WHAT CAN WE POSSIBLY DO? >> THAT IS CERTAINLY AN OPTION, BUT BECAUSE OF THE SIGNIFICANT AMOUNT THAT IT'S OVER BUDGET, WE COULD LOOK AT SOME ITEMS BUT WE'RE NOT GOING TO GET ANYWHERE NEAR THE DOLLAR AMOUNT THAT WE HAD ORIGINALLY BUDGETED AT. WHEN WE'RE LOOKING AT COST RIGHT NOW, CONSTRUCTION COSTS AFTER COVID AND WITH EVERYTHING THAT'S GOING ON, WE ARE SEEING SIGNIFICANT INCREASES ACROSS THE BOARD IN MATERIAL COST. THE ARCHITECTS SUBMITTED A LETTER WITH THEIR EXPLANATION FOR SOME OF THOSE COSTS. IF THAT IS YOUR WISH, WE CAN CERTAINLY GO BACK AND LOOK AT DOING SOME VALUE ENGINEERING TO SEE HOW MUCH WE CAN BRING IT DOWN. BUT IT'S NOT GOING TO GET US WITHIN THE ORIGINAL RANGE OF COSTS. >> WHAT IF IN DOING VALUE ENGINEERING, WE DID THAT BUT THEN WE REBID IT IN SEPTEMBER OR OCTOBER? HOPEFULLY, PRICES HAVE NORMALIZED AND WE GET A MORE COMPETITIVE BID AT THAT TIME. AT THIS POINT, IF WE JUST VALUE ENGINEER NOW, WE'RE WORKING WITH A HIGH NUMBER AND WE'RE ASKING, WELL, CAN YOU GIVE US SOME MATERIALS THAT ARE MAYBE NOT THE CATALOG BUT MORE OF THE MIDDLE. BUT IF IN A FEW MONTHS OR SO, WE WERE TO REBID IT WITH SOME SPECS THAT ARE SLIGHTLY DIFFERENT, FIRST, WE CAN GET A BID THAT'S MORE COMPETITIVE OR IN LINE WITH OUR BUDGET. AT THAT POINT, IF WE'RE STILL HIGHER, THEN WE CAN MAYBE FURTHER VALUE ENGINEER IT AT THAT POINT, WOULDN'T YOU? >> WHAT I'D LIKE TO SAY, FIRST OF ALL, ON THE MATERIAL SIDE, WE'RE ALREADY AT THAT MID LEVEL [LAUGHTER] RANGE, SO WE'RE NOT AT THAT HIGH RANGE OF THE MATERIAL. THAT IS BECAUSE WHEN [NOISE] WE WERE LOOKING AT THE PROJECT WE DID SOME OF THAT WITH THE ARCHITECT TO BRING THAT COST BECAUSE I DON'T KNOW IF YOU MAY RECALL, THE COST WAS SLIGHTLY HIGHER. WE WENT BACK, WE MET WITH THEM, WE REDUCED THE COST WHERE WE COULD, WE CUT BACK ON VARIOUS ITEMS. PART OF WHAT THEY'RE GOING TO BE ASKING US TO LOOK AT AND CONSIDER IS CUTTING SQUARE FOOTAGE. I DON'T THINK WE CAN TO MEET THE NEEDS THAT WE HAVE FOR THE PARTS FACILITY. THAT IS AN OPTION WHEN WE DO VALUE ENGINEERING. I DON'T THINK THAT'S A GOOD OPTION FOR US. BUT WE CAN, IF YOU WOULD LIKE FOR US TO TAKE ON THAT TASK, WE CAN GO AND DO THAT. JUST BASED ON THE WORK THAT WE'VE ALREADY PUT INTO IT WITH THE ARCHITECTS, IT'S GOING TO BE SOMEWHAT DIFFICULT TO SEE A GOOD SIGNIFICANT REDUCTION, BECAUSE OF THE COST THAT WE'RE SEEING NOW. >> THE ARCHITECT, I KNOW THAT THEY SUBMITTED A LETTER BUT IF THEY'RE HERE, CAN THEY ADDRESS THE DIFFERENCES IN WHAT THEIR ESTIMATE WAS AND THE BIDS, AND THEN WHAT THEY SEE IN THE MARKET AS FAR AS COST IN THE NEAR THREE, FOUR, SIX MONTHS >> LET ME JUST ADD ON THAT, PIGGYBACK ON, OMAR. THE OTHER THING IS BECAUSE OF THE PRICE CHANGES LIKE UNCHANGED ORDERS AND THEY'LL COME OVER HERE LIKE, IF THIS IS GOING TO KEEP GOING UP, THEN THAT'S ALSO A QUESTION THAT I HAVE FOR YOU, SO JUST KEEP ONE [INAUDIBLE] >> GOOD EVENING, EVERYONE. MY NAME IS STEPHAN ZAMORA, AND I AM REPRESENTING [INAUDIBLE] ARCHITECTS. TO ANSWER MS. [INAUDIBLE] QUESTION, AS EVERYBODY KNOWS, THE PANDEMIC HAS HAD A SIGNIFICANT EFFECT ON THE CONDUCTOR CONSTRUCTION MARKET. THERE WAS A REDUCTION IN SUPPLIES IN I GUESS, MANUFACTURING CHAINS THROUGHOUT THE INDUSTRY OF LAST YEAR. WHAT THAT'S DONE IS THAT'S SLOWED A LOT OF THE PROJECTS THAT HAD BEEN, I GUESS, ALLOCATED FOR THAT YEAR, LET'S SAY. THIS YEAR, THERE'S A PENT UP, I GUESS, NEED FOR ALL THESE CONSTRUCTION, YET, SUPPLIES ARE STILL LOW, THERE'S NOT A LOT OF MANUFACTURING JOBS OUT THERE. [00:30:03] I'M SURE YOU'VE HEARD SOME OF THE NEWS WHERE THERE'S NOT A LOT OF PEOPLE WILLING TO WORK. A LOT OF THE PRODUCTION IS DOWN. THAT'S ONE OF THE REASONS THAT THE SUPPLY AND DEMAND HAS REALLY MADE THE PRICES GO SO HIGH. NOW, TO TOUCH ON SOME OF THE QUESTIONS EARLIER ABOUT THE VALUE ENGINEERING. THIS PARTICULAR PROJECT, IT WOULD HAVE TO BE AN AWARD AND THEN A REDUCTION ON CHANGE ORDER TO GET DOWN IN THAT AMOUNT. NOW, YVETTE MENTIONED THAT TO DO THAT WOULD BE A SIGNIFICANT REDUCTION IN SCOPE, ALMOST 50 PERCENT, AND THAT WOULD NOT EVEN GET YOU CLOSE TO WHAT [NOISE] WE WERE THINKING. IT MIGHT BE BUT IT'S VERY UNLIKELY THAT WOULD. FROM OUR PRESIDENT, WHAT WE'VE SEEN, ANY TYPE OF REBID, THERE IS A SMALL REDUCTION, LET'S SAY, IN THE TOTAL COST BUT BIDS TEND TO GO A LITTLE BIT HIGHER. [NOISE] IF YOU REBID, YOUR NUMBERS WILL BE DRAMATICALLY LOWER THAN WHAT THEY WERE, THEY MIGHT BE WITHIN THE SAME RANGE OR SLIGHTLY HIGHER FROM WHAT WE'VE SEEN. OUR RECOMMENDATION BASED ON THE CURRENT MARKET IS, YOU'RE NOT GOING TO GET A LOWER PRICE THAN YOU CURRENTLY HAVE NOW FOR THE ENTIRE PROJECT. THERE'S SOME THINGS THAT WE MIGHT BE ABLE TO DO OR BREAKOUT SOME AREAS FOR MULTIPLE CONTRACTS BUT THAT'S SOMETHING THAT WOULD HAVE TO BE DISCUSSED [INAUDIBLE] [OVERLAPPING] >> YOU'RE SAYING EVEN IF WE WERE TO WAIT FOR SIX MONTHS DOWN THE LINE AND WE REBID IT, YOU'RE SAYING WE'RE NOT GOING TO GET ANY CHANGES IN THE AMOUNTS THAT WE'VE BEEN GETTING MATERIALLY? >> THERE IS A POSSIBILITY. IF YOU TAKE OUT SIGNIFICANT AMOUNT OF THE SCOPE, YES. >> NO, NOT MAKING ANY CHANGES TO THE SCOPE, SQUARE FOOTAGE, OR ANY ANY OF THE SPECS. FROM WHAT WE'VE BEEN HEARING ABOUT THE INDUSTRY, I THINK THE PRICES MAY SUBSIDE SOMEWHAT IN THE NEXT 24 MONTHS, BUT THEY'RE NOT GOING TO BE BACK TO PRE COVID, [NOISE] I GUESS, NORMS. EVEN IF PRICES DO COME DOWN SLIGHTLY, THEY'RE NOT GOING TO BE AT THE POINT WHERE THIS PROJECT WAS INITIALLY BUDGETED. >> BUT WHAT WAS THE INCREASE? LET'S JUST SAY, IF WE WOULD HAVE APPROVED THIS PROJECT BEFORE COVID, WHAT WOULD BE THE INCREASE FROM THEN AND NOW? >> IT'S WHAT WE'RE OVER. APPROXIMATELY, THE PROXIMITY THE 2.2 MILLION. [NOISE] >> 2.2 MILLION? >> FOR THE PARKS PORTION AND IF WE DO IT TOGETHER, WELL, IT'S IT'S CLOSER TO THE 4.7 MILLION. >> THAT'S JUST FOR THE MATERIAL AND THE COSTS OF THE INCREASE OF THE MATERIAL? >> THERE'S STILL A SIGNIFICANT COSTS INCREASE IN CONCRETE STRUCTURAL STEEL, MECHANICAL AND ELECTRICAL. THOSE TEND TO BE SOME OF THE HIGHER NUMBERS REGARDLESS ON ANY PROJECT. BUT NOW WITH THE MARKET THE WAY IT HAS BEEN, THEY'VE JUST EXPONENTIALLY GONE UP. >> NOW, LUMBER. >> EVEN IF WE WERE AWARDED THE AMOUNT, LET'S SAY FOR JUST THE METRO TRANSIT STATION, THAT PROJECT, THERE IS NO HEDGE OR GUARANTEE THAT THE PRICES WILL CONTINUE TO GO UP. THEN IF ONCE AWARDED AND GROUND IS BROKEN, THAT YOU'RE GOING TO STILL COME BACK WITH A CHANGE ORDER AND SAY, "WELL, THE PRICE OF CONCRETE WENT UP AGAIN. WELL, THE PRICE OF STEEL WENT UP AGAIN," IS THAT CORRECT? >> THE POSSIBILITY THAT THEY COME BACK DOWN FROM WHERE WE'RE AT, I DOUBT THAT. YOU MENTIONED WOOD, WOOD IS A PRIME EXAMPLE. BEFORE YOU SHEETED A PIECE OF PLYWOOD, ABOUT [NOISE] $13-$23 PER SHEET, NOW, THEY'RE CLOSE TO 70. YOU GET FOUR SHEETS OF PLYWOOD DEPENDING ON WHAT THEY ARE, YOU'RE SPENDING LIKE $200. IF YOU HAVE 300 IN SOME OF THAT SHEETS OF PLYWOOD, YOU'RE WAY UP THERE. TO ANSWER THE QUESTION, ARE IN THE NEXT FIVE MONTHS, SIX MONTHS, PRICES GOING TO SUBSIDE, SOMEWHAT? IT'S POSSIBLE, BUT VERY UNLIKELY. >> WHAT ABOUT THE OTHER SCENARIO? DO YOU ALSO SEE PRICES GOING UP? >> WELL, WE'VE SEEN THAT MOSTLY, YES. EVEN FROM THE BEGINNING OF THE YEAR, THERE'S BEEN ABOUT MAYBE 200 PERCENT INCREASE IN SOME OF THESE STANDARD CONSTRUCTION MATERIALS. >> IS THERE A TRAIN OF THOUGHT, HOW LONG THIS IS GOING TO SUSTAIN FOR A POTENTIAL FOR PRICE INCREASE? >> WE'VE HEARD EXPERTS TALK ABOUT THAT. AGAIN, I'LL GO BACK TO ANYWHERE FROM 16-24 MONTHS BEFORE THINGS START TO COME DOWN. [NOISE] IT'S JUST A LOT OF [NOISE] EXPERTS SPEAKING THEIR OPINIONS. >> ONE OF THE OTHER THINGS THAT WE PROBABLY SHOULD BE CONCERNED ABOUT IS THAT MUNICIPALITIES ACROSS THE NATION ARE GETTING MONEY THEY'D NEVER HAD BEFORE, AND THEY'RE GOING TO HAVE TO SPEND IT ON CAPITAL. [00:35:02] THE DEMAND IS ONLY GOING TO GO UP WITH PROBABLY THE SUPPLY REMAINING THE SAME. THAT'S PROBABLY NOT GOING TO HELP US. >> I LOVE OUR ENGINEERS AND ARCHITECTS, BUT ONE OF THE ISSUES I HAVE, IF WE WERE EXPECTING ABOUT FIVE MILLION, SO WE'RE EXPECTING TO PAY ENGINEERING OR ARCHITECT FEES IN ABOVE FIVE MILLION. GOES UP TWO MILLION, DOES ENGINEERING OR ARCHITECT BEE GOES STRAIGHT UP ON SOMETHING THAT WOULD HAVE BEEN SIMILAR? >> NO, SIR. THE ARCHITECT'S CONTRACT IS SET, HE GETS PAID THE LESSER OF THE FIXED LIMITED BUDGET CONSTRUCTION COST WHICH IS WHAT THE AMOUNT THAT WE BID OUT. WHEN WE BID OUT OR THE ACTUAL COST, HE GET PAY THE LESSER OF THE NUMBERS. >> I SEE. WELL, THAT'S A GOOD THING. >> YES, SIR. >> I THINK THE METRO PART OF IT, I THINK THAT'S THE ONE THAT WE'VE BEEN PURSUING THE MOST. THERE'S BEEN A LOT OF WORK THAT'S BEEN GONE INTO THIS BUT AT THE SAME TIME, IF WE'RE GOING TO BE COMING BACK AND FORTH ABOUT CHANGING THE ORDERS, BUT I THINK THE METRO ONE PROBABLY, THAT'LL BE THE ONE THAT WE CAN SECURE BECAUSE WE HAVE BEEN TRYING TO WORK IN IMPROVING [NOISE] OUR METRO SYSTEM. IT'S TRUE, IT'S GOING TO COME FROM FEDERAL MONEY, EVEN THOUGH IT IS, [INAUDIBLE] >> [INAUDIBLE] SAID, THAT'S WHAT'S MORE LUCRATIVE TO AWARD THE METRO FOR THE SAME REASON, THAT'S THE FEDERAL MONEY, THAT'S THE SOCIAL. >> JUST THE METRO. WE HOLD UP ON THE PARK AND THEN WE'LL SEE WHERE WE'RE AT IN A COUPLE MONTHS. [NOISE] IF WE SEE THAT IT'S JUST NOT, THEN WE'LL GO AHEAD AND JUMP SHIP. BUT RIGHT NOW, [NOISE] I FEEL UNCOMFORTABLE WITH AN INCREASE OF 2.2 FROM LAST YEAR TO THIS YEAR. I MEAN, JUST ON THAT AREA. >> I AGREE WITH OUR CITY MANAGER'S ASSESSMENT THAT WITH THE EXTRA MONEY THAT WAS PROBABLY NOT ANTICIPATED A YEAR AGO, THE AMERICAN RESCUE PLAN, THERE WILL BE A LOT MORE COMPETITION AMONG A LOT OF CITIES WITH THE SAME ARCHITECTS, THE SAME CONTRACTORS, THE SAME TYPE OF FACILITY WE'RE LOOKING AT. OF COURSE, WHEN THERE'S MORE DEMAND AND LESS SUPPLY, YOU KNOW WHAT HAPPENS TO THE PRICE. I'LL MAKE A MOTION TO APPROVE THE PROJECT AS IT CONTEMPLATES THE METRO TRANSPORTATION AND AWARD IT TO, WHAT IS IT, HOLCHEMONT? >> HOLCHEMONT. >> HOLCHEMONT, LTD, MCALLEN FOR THE AMOUNT OF 7,028,000. >> I'M OF THE OPINION THAT. >> COMMISSIONER? >> I'VE GOT MY FLASH DRIVE ON FRIDAY AND READ THIS LAST NIGHT. I'M TRYING TO GRASP THE SITUATION. LET ME JUST ASK THE QUESTION, OF THE SEVEN MILLION FOR THE METRO, ROY, YOU MENTIONED WHAT PERCENTAGE DOES ALL SEVEN MILLION IS THAT PART OF THE CONSTRUCTION OR IS 10 PERCENT OF THAT WHAT WE'RE PAYING FOR? >> RIGHT. I THINK I MISSPOKE ON CAPITAL. IT'S A100 PERCENT FTA. FEDERAL MONEY. >> THIS IS FEDERAL MONEY. >> NOT STIMULUS MONEY, NOT CARES FUNDS MONEY, ITS DIRECTLY FROM THE FTA. >> OKAY. THAT'S WHY WE'RE CONSIDERING GIVING THAT PORTION, THAT IS THE 7 MILLION? >> RIGHT. >> OKAY. >> YES. >> THE OTHER PART IS THE PARK SITE. HOW MUCH HAVE WE BUDGETED FOR THAT PARK? >> WE HAVE BUDGETED TO 2.91 MILLION. >> IN TODAY'S TOTAL, IT IS APPROXIMATELY? >> 5.1. >> 5.1. IN OUR CURRENT PART, FACILITIES, AND NEEDS, CAN WE STAY THERE LONGER? CAN WE MAP? WHY ARE WE THERE? >> THE FOLKS AT THE PARK'S OFFICE WILL SAY THEY CAN'T BE THERE ANOTHER DAY AND IT HAS BEEN CRITICAL. WE'VE ACTUALLY WORKED ON THIS FOR OVER THREE YEARS. IT'S PRETTY CRITICAL, NOT ONLY SPACE BUT ISSUES OF INFESTATION THAT WE'VE HAD IN THE BUILDING. >> I REALIZED THAT THERE'S A TREMENDOUS NEED THAT'S BEEN THERE. WE'VE USED THAT FACILITY FOR 30 OR 40 YEARS. >> YEAH. >> THAT INCREASES AROUND THREE MILLION DOLLAR, INCREASE. >> 2.2 MILLION ON THE PARK ALONE. YES, SIR. >> IT'S NOT GOING TO GET ANY CHEAPER. >> I DON'T ANTICIPATE. >> HONESTLY, I THINK WE CAN BRING THE PARK PORTION INTO OUR MEETING WHEN WE'RE GOING TO BE TALKING ABOUT THE STIMULUS MONEY. THEN MAYBE AT THAT TIME, WE ALL DECIDE THAT THAT'S WHAT WE ARE GOING TO DO, [00:40:01] THEN WE'LL TAKE IT FROM THERE. BUT I THINK THIS ONE GOES TO THE METRO. >> IF WE HAVE ONLY THE METROS APPROVED, IT NOW LEAVES THE PARTS THAT HAS TO GO OUT FOR REBID JUST ON THE PARKS, RIGHT? >>YES, SIR. EXACTLY. >> I'M OF THE MIND TO THESE TWO ARE THE LARGEST PROJECTS THE CITY HAS BEEN FOCUSED ON FOR SEVERAL YEARS. I AGREE WITH TONY. I'VE DONE DEVELOPMENT. THE HOPE THAT IT WOULD GET CHEAPER ARE SLIM. IF YOU'VE TAKEN A TOUR OF THE PARK'S OFFICES, I THINK OBVIOUSLY THEY'RE IN DIRE NEED. I THINK THE HEARTACHE COMES FROM THE FACT THAT WE ARE PROBABLY SLIGHTLY UNDER-BUDGETED. IF WE HAD BEEN BUDGETED CLOSER TO THE AMOUNT, WE PROBABLY WOULD HAVE JUST APPROVED BOTH OF THEM WITHOUT THINKING MUCH OF IT. I'D BE FOR MAKING A MOTION TO MAKE A BUDGET AMENDMENT AND APPROVE BOTH. THESE ARE BOTH NEEDED PROJECTS. IT'S CAPITAL PROJECTS, ARCHITECTS, LABOR, ALL THAT'S GOING TO BE IN HIGHER DEMAND WHEN OTHER CITIES START JUMPING ONTO THEIR PROJECTS. IT'S ONLY GOING TO SET AS FARTHER AND FARTHER BEHIND. THESE ARE ONETIME BULLETS. WHETHER WE DO IT NOW, SIX MONTHS, NINE MONTHS TO YEARS, I GUARANTEE IT'S GOING TO BE CHEAPER. I'D RATHER START EARLIER THAN LATER. >> I THINK THAT WE SAID THAT ALL FEES ARE ALREADY OCCURRED. SO WE DON'T HAVE ANY ADDITIONAL FEES, WE HAVE ALL OF THE SCHEMATICS AND ALL OF THE PLANS AND EVERYTHING'S READY. >> YES. >> SO THERE'S NO ADDITIONAL COST FOR THAT. [OVERLAPPING] WHEN WILL CONSTRUCTION START IF WE WERE TO AWARD THIS? >> THE NORMAL TURNAROUND IS USUALLY WITHIN ABOUT A MONTH AND A HALF, THEY WOULD HAVE TO GET ANOTHER CONTRACT DOCUMENTS ALSO MEET WITH THE FTA REQUIREMENTS PROCESS TO PURCHASING, AND THEN THEY'D BE GIVEN THE NOTICE TO PROCEED. >> DO WE HAVE OTHER PLANS FOR A EXISTING FACILITY THAT WILL BENEFIT THE COMMUNITY? >> ACTUALLY, [BACKGROUND] THE FACILITY IS IN PRETTY BAD SHAPE. TONY. NO IN FACT WE WERE PROBABLY LOOKING TO SALVAGE LITTLE PARTS OF IT AND THE REST DEMOLISH. >> NO. WHAT I'M SAYING IS, THE USE OF THE LAND THERE IS A PRIME LAND EXISTING. >> SURE. >> THE LONGER WE WAIT TO DO SOMETHING, WE'RE GOING TO PUT IT EITHER OUT FOR BETTER USE THAT WILL BRING IN REVENUES FOR THE FUTURE. SO THE LONGER WE TAKE, THE LONGER THEY WILL HAVE THE AVAILABILITY OF PUTTING IT OUT [NOISE] EITHER FOR SALE OR FOR IT TO DO SOMETHING. >> MR. COMMISSIONERS AT THE VERY END, THESE ARE UNPRECEDENTED TIMES. I HATE THE FACT OF WHAT HAS HAPPENED BECAUSE EVEN THE HOUSING MARKET, I KNOW WHERE I HAD A FRIEND THAT WAS BUILDING YOUR WAREHOUSE, WENT UP 300 THOUSAND ON A MILLION-DOLLAR PROJECT. I'VE ALWAYS SAID THAT IF SOMETIMES THEY HAVE TO MAKE THE TOUGH DECISIONS AT TIMES THEY HAVE TO BE MADE. I DON'T LIKE IT AT THE VERY END, BUT, I'M THINKING IT MAYBE OUR BEST OPTION. WE HAVE BEEN WORKING AT IT FOR A WHILE, IT'S PROBABLY BEEN A COUPLE OF YEARS. >> YES SIR. >> I GET DEPRESSED EVERY TIME I PASS BY THERE AND SEE NOTHING. I'M NICE TREATED AS MY OFFICE JUST UP THE STREET BUT WHAT ARE THE WITCHES? >> I AGREE WITH COMMISSIONER HADDAD BECAUSE [NOISE] IT'S VERY SLIM THAT WE'RE GOING TO GO AHEAD AND HAVE SOMETHING CHEAPER THAT THE ACTION IS NOW, WE ARE IN THIS SITUATION, POST COVID, AND I'M GOING TO SECOND THE MOTION OF COMMISSIONER HADDAD. >> I THINK WE HAD [INAUDIBLE] [OVERLAPPING]. >> THIS TIME BEFORE CONTINUING WITH THE MOTION IS, I DON'T DISAGREE WITH WHAT COMMISSIONER HADDAD IS SPEAKING NOR YOU COMMISSIONER VENCOR OR THE MAYOR FOR THAT MATTER. I WOULD LIKE [NOISE] TO SEE NUMBERS IN TERMS HOW THE FUNDING WOULD SUPPLEMENT THE DIFFERENCE IN COSTS ON THE PARKS AND REC AND WHERE AND HOW IT'S GOING TO AFFECT OUR BUDGET. I THINK WE OWE THAT TO THE TAXPAYERS OF THE MCALLEN, KNOWING THAT THAT'S GOING OUT THERE BEING IN THE BUDGET AMENDMENT TO MAKE UP THE DIFFERENCE AND TO SEE BECAUSE WE HAVE OTHER MATTERS THAT ARE ALSO PENDING AND SWIRLING [NOISE] AROUND, WE HAVE TO SEE HOW THAT'S GONNA WORK OUT. CERTAINLY WOULD LIKE TO GET A CLEARER PICTURE BEFORE WE HAVE TO START THE BUDGET PROCESS AND CERTAINLY HAVE THE AMENDMENT DONE. >> DO YOU STILL HAVE TIME ON THE BID FOR THE PARKS? >> YES, SIR. WE DO. >> HOW MUCH MORE TIME? >> I THINK WE CAN HOLD FOR WILL I SAY WAS 60 DAYS. >> OH, THAT'S GOOD. >> WE'RE IN ABOUT THE 30 ALREADY? >> MORE OR LESS, YES WE CAN. >> OKAY. SO CAN I MAKE A SUGGESTION THAT YOU'VE GOT A MOTION THAT WE AWARD THE METRO TRANSFER STATION AND [00:45:01] WE BRING BACK PARKS WITH A RECOMMENDATION ON BUDGET AND WHERE IT'S GOING TO HIT IT, AND HOW MUCH. >> YES. >> ALL RIGHT. SO I'M GOING TO MAKE A MOTION TO APPROVE. >> CAN I ASK YOU TO HOLD ON THAT FOR ONE MINUTE, BECAUSE IF WE AWARD JUST THE METRO PORTION, IT'S ONE CONTRACTOR. IF WE AWARD BOTH PROJECTS, IT'S A DIFFERENT CONTRACTOR. >> I SEE. SEPARATELY. >> ALL IN A RECOMMENDATION. >> YES. >> OKAY. >> DO YOU THINK WE WOULD HAVE THIS INFORMATION BY THE NEXT MEETING IN JULY? >> YOU'RE SAYING TABLE THE ITEM AND BRING IT BACK AT THE NEXT MEETING? >> [OVERLAPPING] THE BUDGET RAMIFICATIONS. LIKE SOME FIGURES. [OVERLAPPING]. >> WE CAN DO THAT, WE CAN DEFINITELY DO THAT. [NOISE] [OVERLAPPING]. >> THE TABLES SET I GO TO THE NEXT MEETING. >> I'LL GO WITH THAT. >> I'LL SECOND THAT. >> I'LL SECOND [INAUDIBLE]. >> ALL IN FAVOR. >> AYE. >> AYE. >> AGAINST. THE MOTION PASSES WILL BE TABLED FOR THE NEXT WEEK. >> THANK YOU. >> ITEM B; THE CONSIDERATION AND AUTHORIZATION TO NEGOTIATE SCOPE OF SERVICES AND PEACE SCHEDULES WITH TOP RANKED FIRMS FOR MEP AND STRUCTURAL DESIGN SERVICES FOR VARIOUS MUNICIPAL PROJECTS. >>YES, SIR. THIS IS AN ANNUAL CONTRACT THAT WE HAVE FOR MEP AND INSTRUCTIONAL SERVICES. ON APRIL 9TH, WE RECEIVE PROPOSALS FROM SIX MEP FIRMS AND FIVE FROM FIVE STRUCTURAL FIRMS. THE STAFF HAS RANKED THOSE FIRMS BASED ON THE [NOISE] QUALIFICATIONS RANKINGS THAT WAS SUBMITTED AS PART OF THAT REQUEST FOR QUALIFICATIONS. AT THIS TIME, STAFF IS RECOMMENDING SELECTION OR AUTHORIZATION TO NEGOTIATE WITH THE TOP FOUR RANK FIRMS FOR MEP SERVICES. THOSE ARE DBR ENGINEERING CONSULTANTS OF MCALLEN TEXAS, HALFF ASSOCIATES OF MCALLEN, TEXAS, S&B INFRASTRUCTURE MCALLEN, TEXAS, AND THE ALEX GROUP OF CARLETON, TEXAS, AND THE TOP THREE FIRMS FOR STRUCTURAL SERVICES, WHICH ARE S&B INFRASTRUCTURE OF MCALLEN, TEXAS, CHANIN ENGINEERING OF MCALLEN, TEXAS AND HINOJOSA ENGINEERING OF MISSION TEXAS. WE'RE REQUESTING AUTHORIZATION TO NEGOTIATE WITH EACH FIRM FOR THIS CONTRACT WITH AN OPTION TO EXTEND FOR TWO ADDITIONAL YEARS IN ONE-YEAR INCREMENTS AS LONG AS THEIR FEES REMAIN FIRM. [B) Consideration and Authorization to negotiate scope of services and fee schedule with top ranked firm(s) for MEP & Structural Design Services for Various Municipal Projects.] HOWEVER, IF WE ARE NOT SUCCESSFUL IN NEGOTIATING THESE FIRMS, WE ARE ASKING WITH CITY MANAGER APPROVAL, FOR STAFF TO CEASE NEGOTIATIONS AND CONTINUE WITH THE NEXT RANK FIRM. >> WHEN DID WE GO THROUGH THESE? >> IT WAS PROBABLY A COUPLE OF WEEKS BEFORE APRIL 9TH AND THEY ADVERTISE FOR TWO WEEKS. [OVERLAPPING] TOTAL NINE FIRMS AND THEY WERE BROKEN UP. IT SEEMS LIKE 11, BUT IT'S A TOTAL OF NINE FIRMS. >> YOU SAID, I KNOW PART OF THE RECOMMENDATION YOU WOULD LIKE IS TO, THE NEGOTIATORS AREN'T SUCCESSFUL TO CONTINUE WITH THE NEXT RANK FIRM, BUT YOU SAID A THRESHOLD WOULD, I DON'T KNOW, BASED ON YOUR POINT SCALE, WE WON'T GO BELOW FIRM THAT HAS UNDER, I DON'T KNOW, 110. BECAUSE IF YOU KEEP GOING DOWN, YOU CAN GET TO WHERE THERE'S, TO ME, I WOULD SEE THERE'S A BIG DIFFERENCE BETWEEN BBR WITH 168 IN ED-COM WITH 72. >> YES SIR. >> I WOULDN'T EXPECT IT TO GET ALL THE WAY DOWN THERE. BUT GIVEN THAT AUTHORITY, SHOULD WE NOT SAY SOME, I DON'T KNOW ALL THOSE POINT SCALE IS REALLY. >> WE DON'T HAVE AN OFFICIAL CUT-OFF. HOWEVER, I DO ANTICIPATE THAT WE WILL BE ABLE TO NEGOTIATE THOSE SERVICES IF THERE ARE CONCERNS WITH GOING AND COMMENCING NEGOTIATIONS WITH OTHER FIRMS, WE CAN JUST END THE NEGOTIATIONS WITH THAT FIRM AND THEN NOT CONTINUE AND ONLY NEGOTIATE WITH THE ONES THAT WE'RE ABLE TO SUCCESSFULLY NEGOTIATE WITH. ONLY DO A CONTRACT WITH THE FIRMS WHO ARE SUCCESSFULLY ABLE TO NEGOTIATE WITH. >> BUT THAT WILL REDUCE THE AMOUNT OF FIRMS IF WE WERE TO DO THAT TOO. >> I WILL SAY THOUGH, THAT IN PREVIOUS YEARS WE'VE BEEN ABLE TO NEGOTIATE [OVERLAPPING] WITH ALL THE RECOMMENDED FIRMS. >> I'M SURE YOU DON'T WANT TO HAVE NEGOTIATIONS WITH THE FIRM THAT YOU DON'T WANT TO WORK WITH. >> THEY ARE FOR TWO YEARS, WHY NOT ONE YEAR? >> THE PROCESS TO GET THESE FIRMS ONBOARD AND FOR THEM TO DO PROJECTS WHEN WE DO HAVE A PROJECT THAT COMES FORWARD, SOMETIMES IT'S MORE THAN SIX MONTHS THAT THEY'RE DOING WORK OR IT'S A LONGER TIME FRAME AND IT JUST GIVES US MORE TIME TO WORK WITH THEM. >> IS THAT THE WAY WE'VE BEEN DOING IT? I DON'T REMEMBER. >> WE HAD BEEN DOING I BELIEVE, FOR TWO YEARS, ONE YEAR, AND THEN ONE ADDITIONAL YEAR. I BELIEVE THE LAST TIME WE PRESENTED, IT WAS IN THIS MANNER, I THINK THIS WOULD BE THE SECOND TIME. BUT WE HAD BEEN DOING ONE YEAR WITH AN OPTION TO EXTEND ANOTHER YEAR. >> ANY OTHER QUESTIONS? [OVERLAPPING]. >> I'LL MAKE A MOTION TO APPROVE THAT RECOMMENDATION. >> SECOND. >> ALL IN FAVOR? >> AYE. [OVERLAPPING] >> AGAINST? MOTION PASSES. ITEM C, CONSIDERATION AND APPROVAL OF CHANGE ORDER NUMBER 2 FOR THE 2018 BOND GROUP E DRAINAGE IMPROVEMENTS. >> THIS CHANGE ORDER NUMBER 2 IS FOR THE NORTHWEST BLUE LINE IMPROVEMENT PROJECT. [00:50:04] WE'RE ALREADY AWARE OF A CONFLICT WITH A GAS LINE AND NEGOTIATING WITH A GAS COMPANY, THEY ARE EXPERIENCING A SIGNIFICANT DELAY IN ORDER TO RELOCATE THAT GAS LINE. WHAT WE'RE ASKING FOR IS TO DEDUCT THE QUANTITIES AND WE CAN COME BACK WITH A DIFFERENT CONTRACTOR TO DO THAT EXCAVATION ONCE THE GAS COMPANY LOWERS THEIR LINE. REDUCE THOSE QUANTITIES AND THEN ALSO TO [NOISE] ADD ADDITIONAL QUANTITIES SO THAT WE'RE ABLE TO DO THE FULL WIDTH OF PAVEMENT ON AUBURN AVENUE FROM 29TH STREET EAST TOWARDS THE DRAINAGE. THIS IS A CHANGE OF $911 AND EIGHT ADDITIONAL DAYS AND STAFF RECOMMENDS APPROVAL. [OVERLAPPING] >> CAN I ASK A QUESTION? WHERE'S THE LOCATION OF THE GAS LINE? >> [NOISE] WELL, IT'S BETWEEN AUBURN [NOISE] AND OXFORD. [C) Consideration and Approval of Change Order No. 2 for the 2018 Bond Group E Drainage Improvements - E1 NW Blueline Improvements.] >> OKAY. BUT BETWEEN 29TH AND 23RD? >> YES. >> THAT SEGMENT? >> YES. >> I THINK IT'S VERY CRITICAL THAT WE KEEP MOVING FORWARD AS FAST AS POSSIBLE. [NOISE] >> YES SIR. CONTRACTOR IS WORKING WITH US AND WE'RE MAKING GOOD PROGRESS. >> WE DON'T WANT ANY DELAYS. >> IS THAT A MOTION TO APPROVE? >> YES. >> SECOND. >> ALL IN FAVOR? >> AYE. [OVERLAPPING] >> I WAS GOING TO ASK, IS THAT EIGHT DAYS, IS THAT WEATHER DELAYS OR? >> THOSE ARE DAYS FOR THE ADDITIONAL PAVEMENT, ADDITIONAL PAVING. >> I SEE. >> ALL IN FAVOR? >> AYE. >> OPPOSE? MOTION CARRIES. ITEM D, CONSIDERATION AND APPROVAL OF CHANGE ORDER NUMBER 8 FOR BICENTENNIAL BOULEVARD EXTENSION ROADWAY AND DRAINAGE IMPROVEMENTS. >> THIS CHANGE ORDER NUMBER 8 CONSIST OF SEVEN DIFFERENT ITEMS, ACTUALLY SIX ARE COST ITEMS, AND ONE IS TIME FOR A TOTAL OF $33,239.03. MCALLEN PUBLIC UTILITY WILL BE PARTICIPATING WITH $7,026.11. THIS INCLUDES RELOCATION OF IRRIGATION LINES SO WE CAN INSTALL A SIDEWALK, A STORE MANHOLE, A REPLACEMENT, IT'S ACTUALLY THROUGH MANHOLE REPLACEMENT STRIPING AND ADDITIONAL NOISE BARRIER LENGTH, AND ALSO INCLUDES 21 ADDITIONAL DAYS TO INCLEMENT WEATHER AND THE ADDITIONAL WORK. STAFF RECOMMENDS APPROVAL FOR REVISED CONTRACT AMOUNT OF $12,830,069.48 WITH 429 DAYS. >> MOTION MOVED. [OVERLAPPING] >> SECOND. >> I HAVE A QUESTION. [NOISE] >> YES. >> ALL IN FAVOR? >> I JUST GOT A QUESTION, MAYBE JUST A POINT. IF I REMEMBER, IT WAS AROUND $30,000, RIGHT? [D) Consideration and Approval of Change Order No. 8 for Bicentennial Boulevard Extension Roadway and Drainage Improvements from Trenton Road to SH107.] >> YES. >> OKAY. [NOISE] QUITE HONESTLY THERE'S QUITE A FEW CHANGE ORDERS, BUT THEY'VE BEEN VERY SMALL IN THE PAST. >> YES. >> THAT'S GOOD. NOW, I'VE NOTICED THAT AT THE END OF THE PROJECT GETTING CLOSE TO 107, THEY PAVED AND THEN THEY'RE HAVING TO RE-PAVE AGAIN OR WAS THERE A PROBLEM THERE? >> THERE HAS BEEN A PROBLEM WITH SETTLEMENT. WHEN WE HAD SOME RAIN, THEY DID HAVE SOME SECTIONS THAT SETTLED, SO THEY ARE HAVING TO REWORK SOME AREAS. >> OUR INSPECTORS ARE FINDING THAT AND MAKING THEM DO THAT? IS THAT WHAT'S HAPPENING? >> YES. >> BECAUSE I ALSO NOTICED THAT THAT WAS HAPPENING IN THE DOVE PROJECT, THAT CONTRACTOR HAD TO ALSO REDO HIS PAVING AND THERE'S BEEN SOME DELAYS THERE, QUITE A BIT OF DELAYS. >> YES. THEY HAVE DIFFERENT ISSUES WITH MATERIAL DELIVERY AND THEY DID HAVE AN ISSUE WITH THE WORKMANSHIP OF A PORTION OF THE ASPHALT, WHICH WE'RE HAVING THEM CORRECT. [4. ORDINANCES] >> BECAUSE OBVIOUSLY IT'S DELAYING THE OPENING OF BICENTENNIAL TO AND THROUGH TO 107. THEN OBVIOUSLY THAT HAS BEEN HAVING A PROBLEM. ARE WE SEEING THAT [NOISE] PROBLEM OF THOSE CONTRACTORS THAT WERE HAVING A PROBLEM WITH THE QUALITY OF WORK? [OVERLAPPING] IS IT THE BASE OR IS IT AT THE CALICHE BASE, WHY? >> THE ISSUE IS NOT TOO MUCH WITH THE QUALITY OF WORK, ALTHOUGH THE [NOISE] CONTRACTOR ON DOVE DOES HAVE RIGHT NOW, I BELIEVE, FIVE OPEN CONTRACTS WITH US. >> I KNOW. >> WE'RE FOLLOWING THEM AND MAKING SURE THAT THEY'RE MEETING OUR STANDARDS PARTIALLY BECAUSE OF WHAT THEY DID ON DOVE. BUT THEY ALSO DID THE PAVING WORK ON KENNEDY WHICH HAD REALLY GOOD PAVING WORK. SO IT'S NOT NECESSARILY THAT IT'S A POOR WORKMANSHIP, IT'S JUST THAT SECTION THERE WAS NOT UP TO THEIR STANDARDS EVEN. WE'RE WORKING WITH THEM TO CONTINUE TO MEET OUR STANDARDS AND WE ARE NOT RELEASING THEM FROM THE CONTRACT UNTIL IT DOES MEET OUR STANDARDS. >> WELL, THE CONTRACT FOR BICENTENNIAL, [00:55:02] WE DID GET A VERY, VERY GOOD PRICE. >> YES, WE DID. >> FOR THAT BICENTENNIAL PRICE AND THEY'RE A GOOD FIRM. I JUST NOTICED THAT YOU MADE THEM REDO AT THE END OF THE PROJECT OVER THERE, GETTING CLOSE TO 107, YOU MADE THEM REDO THAT PART. >> YES. WELL, AND THAT SECTION ISN'T OPEN YET. A LOT OF THE WORK THAT THEY HAD IS JUST THE FIRST COURSE OF ASPHALT. I'LL CONFIRM EXACTLY WHAT IT WAS AT THAT LOCATION. BUT I KNOW THAT THERE WERE A COUPLE OF LOCATIONS WHERE THEY HAD FAILURES IN THE TRENCH, AND SO THEY HAD TO GO BACK AND CORRECT THAT. >> OKAY. >> I APPROVE. >> SECOND. >> ALL IN FAVOR? >> AYE. [OVERLAPPING] >> OPPOSE? MOTION CARRIES. >> THANK YOU. >> NUMBER 4, ORDINANCES. ORDINANCE UPDATING THE MOBILE FOOD VENDOR APPLICATION AND PERMITTING PROCESS. >> GOOD EVENING AND CONGRATULATIONS MAYOR, CITY COMMISSIONERS. I AM HERE TO MAKE YOU THINK ABOUT DINNER EVEN MORE IF YOU'RE NOT ALREADY. [LAUGHTER] THE FOOD TRUCK ORDINANCE HAS BEEN IN EFFECT SINCE 2018. WE'VE HAD A LOT OF GROWTH AND WE'VE ONLY CHANGED THE ORDINANCE TWICE. ONE WAS TO REMOVE THE PERMITTING CAP, AND THEN THE OTHER ONE WAS RECENTLY TO ESTABLISH A PROTECTION FOR RESIDENTIAL AREAS WHICH ONLY ALLOWED TO GO OPERATIONS WITHIN 300 FEET OF A RESIDENTIAL AREA. TODAY, WE'RE SIMPLY BRINGING THIS IN CASE YOU WANTED TO CONSIDER MAKING CHANGES TO THE ORDINANCE. WE HAVE THREE POTENTIAL CHANGES FOR YOUR CONSIDERATION IN THE PACKET, NONE ARE REQUIRED OR [NOISE] EVEN NECESSARY, IT'S JUST FOR YOUR DISCUSSION. ONE IS TO CHANGE THAT 300 FOOT TO A 150 FOOT DISTANCE REQUIREMENT FROM RESIDENTIAL AREAS. ANOTHER OPTION WOULD BE TO REQUIRE FOOD TRUCKS THAT ARE GOING TO REMAIN IN THE SAME PLACE FOR SEVERAL DAYS THROUGHOUT A MONTH, SO SAY FOR MORE THAN TWO DAYS IN THE SAME LOCATION WITHIN THE SAME MONTH, [A) Ordinance updating the mobile food vendor application and permitting process.] SO BASICALLY THEY'RE PARKING AT THE SAME SPOT OVER AND OVER AGAIN, TO HAVE A DIFFERENT PERMITTING PROCESS TO MAKE SURE THAT THE SURROUNDING AREAS ARE OKAY WITH THAT. BECAUSE IN THAT SENSE THEY'RE NOT TRULY MOBILE, THEY'RE PARKING AT THE SAME SPOT OVER AND OVER AGAIN. THAT'S IT. THAT'S JUST TO BRING OUT FOR YOUR DISCUSSION. IF YOU WANT TO MAKE CHANGES, THINK ABOUT IT, COME BACK ANOTHER DAY, WE CAN DO THAT TOO. >> I THINK WE'LL PROBABLY COME BACK ANOTHER DAY. BUT I WAS THINKING ABOUT, DOES THE ORDINANCE PROVIDE FULL DISCRETION ON THE ADMINISTRATION, FOR EXAMPLE THE 300 FEET? THAT'S A FOOTBALL FIELD. IF THERE'S NO OPPOSITION AND SOMEBODY'S WITHIN 295 FEET, THEY'RE OUT. DO WE HAVE ANYTHING THAT PROVIDES FOR SOME DISCRETION? OR IF NOT, MAYBE WE SHOULD. [OVERLAPPING] >> NOW, ONE OF THE BIGGEST ISSUES AND ACTUALLY I'M THE ONE THAT'S BEEN BRINGING IT UP. ONE OF THE BIGGEST ISSUES THAT I PERSONALLY HAVE BEEN HAVING WITH THIS PARTICULAR ORDINANCE IS THAT IT'S VERY BROAD. OBVIOUSLY, WE'VE HAD FOOD TRUCKS THAT HAVE HAD THIS PROBLEM, NOT EVERYBODY. I BELIEVE COMMISSIONER HAD SUGGESTED TO PUT, IF BOTH SIDES OF THE STREET ARE COMMERCIAL [OVERLAPPING] THEN THEY DON'T HAVE TO APPLY IT TO THE 300 FEET. NOW, THE THING IS EVEN LIKE I KNOW THE ONE THAT SPECIFICALLY WE HAD AN ISSUE WITH, ITS ON NOLANA, A VERY TRAFFIC AREA. THERE WAS TWO FEET INTO THE BACKYARD OF A BIG HOME. THERE'S A BIG PLAZA IN BETWEEN THE FOOD TRUCK AND THE HOME, BUT THREE FEET INSIDE THE REST AND YET THEY'RE DONE. NOW FOR ME THAT'S LIKE, WELL, WE HAVE A LOT OF FOOD TRUCKS ON NOLANA. WE HAVE A LOT OF FOOD TRUCKS ON 23RD STREET ON WARE ROAD, AND PRETTY MUCH ALL OVER THE CITY. THAT WAS ONE SUGGESTION THAT I BELIEVE COMMISSIONER HAD MADE, WHICH WAS IF BOTH SIDES ARE COMMERCIAL, IT DOESN'T APPLY. THEN ON THE 150 FEET, WE CAN PROBABLY ADDRESS IT. >> I WOULD RECOMMEND AT THIS POINT AT LEAST MODIFYING IT DOWN FROM 300-150. WHAT THAT WOULD DO IS PROVIDE RELIEF TO THE ONES THAT WERE DRAGGED INTO THE WIDE NET. AT THAT POINT, WE COULD MAKE SOME RECOMMENDATIONS TO ORDINANCE REVIEW COMMITTEE TO LOOK AT FURTHER AMENDMENTS AS MAYOR HAD STATED, SOME VARIANCE PROCESS OR THAT THEY'D BE EXCLUDED IF THEY EXIST ON A STREET WHERE BOTH SIDES ARE COMMERCIAL. I THINK THAT THE INITIAL AMENDMENTS HAD STEMMED FROM WHERE ONE SIDE WAS RESIDENTIAL AND ONE SIDE WAS COMMERCIAL AND SO IT'S MORE OF A UNIQUE SITUATION. FOOD TRUCKS ON 23RD, ON 10TH, EVEN ON NOLANA, ON ANY OF THOSE STREETS HAVE NEVER REALLY BEEN AN ISSUE AND THAT'S WHERE THEY'VE BEEN ABLE TO THRIVE. [NOISE] I THINK THE CONCERN WAS MORE WHEN FOOD TRUCKS START TO MOVE WITHIN THE SIDE STREETS OR THE INTERIOR STREETS, [01:00:01] WHERE THEY PICK UP ON A COMMERCIAL SIDE. NO MATTER HOW, I THINK, CO-OPERATIVE THEY ARE, THERE'S A CERTAIN LEVEL OF DISTURBANCE THAT OCCURS TO THE RESIDENTIAL SIDE. THAT'S WHAT IT WAS TRYING TO MITIGATE, BUT I THINK THE 300 FEET CAST TOO WIDE OF A NET. I WOULD, AT LEAST, LIKE TO BRING THAT DOWN, PROVIDE RELIEF TO THE ONES ON NOLANA AND 23RD SO THEY'RE NO LONGER AFFECTED AND WE COULD LOOK AT SOME FUTURE AMENDMENTS. >> I'LL MAKE THE MOTION TO APPROVE OPTION 3, WHICH IS TO MODIFY THE CURRENT VERSION OF THE ORDINANCE TO REDUCE THE RESIDENTIAL DISTANCE FROM 300-150 FEET. THAT'S MY MOTION. [OVERLAPPING] >> IF I MAY, WOULD YOU LIKE US TO COME BACK WITH OTHER PROVISIONS TO BRAINSTORM? >> I THINK WE SHOULD BECAUSE THERE'S SOME AREAS WHERE 300 FEET MAY BE OKAY OR 150 FEET MAY BE OKAY BUT IT DEPENDS ON WHERE THERE IS OPPOSITION OR NOT. WE HAVE SOME HYBRID WHERE IF IT'S 150 FEET BUT THERE'S OPPOSITION, WELL, WE MAY HAVE AN ISSUE. SO [OVERLAPPING] >> WOULD YOU LIKE US TO TAKE THOSE IDEAS BACK HERE OR TAKE IT TO ORDINANCE REVIEW TO BRAINSTORM MORE [OVERLAPPING] >> YEAH, I THINK ORDINANCE REVIEW IS PROBABLY THE BEST BET. >> BECAUSE I THINK RIGHT NOW JUST WITH REDUCING FROM THE 300 TO THE 150, THAT WILL ALLEVIATE THE ISSUE THAT WE'RE HAVING RIGHT NOW. I WILL GO BACK TO THE COMMITTEE, WE'LL REVISIT, MAYBE LOOK AT AUSTIN BECAUSE I KNOW THEY HAVE RIDICULOUS RESULTS FOR THE FOOD TRUCKS. [OVERLAPPING] [LAUGHTER] WE'LL DO THAT. BUT I THINK RIGHT NOW THAT SHOULD BE SUFFICIENT TO TAKE CARE OF THE ISSUE THAT WE'RE HAVING AT THIS TIME. >> MY UNDERSTANDING IS IF YOUR MOTION PASSES, I'LL IMMEDIATELY AMEND THE ORDINANCE BASED ON TODAY'S MEETING. [OVERLAPPING] >> CORRECT. >> HOWEVER, IF WE DO THAT, WE CAN AFFECT SOME PEOPLE THAT MAY NOT WANT IT RIGHT NOW. THAT'S WHY I'M SAYING ABOUT HAVING DISCRETION OR DOING SOMETHING. SO MAYBE WHAT WE CAN POSSIBLY DO IF THERE'S PEOPLE AFFECTED IS INSTEAD OF PASSING IT YET, THERE'S JUST NOT ENFORCING YET TILL WE COME AND DO WHAT WE'RE SUPPOSED TO DO BECAUSE OTHERWISE, WE MAY START HAVING FOOD TRUCKS WITHIN 150 FEET OF A LOT OF PEOPLE THAT DON'T WANT IT AND WE'RE ALLOWING IT. >> YEAH. WELL, I AGREE WITH THAT ONE. [OVERLAPPING] >> IF WE PASS IT THEN IT'S IN EFFECT ALREADY. >> YES. IF WE PASS IT, IT'S IN EFFECT ALREADY, AND THAT'S ENOUGH. MAYBE WE CAN ADD THE CAVEAT IF IT'S A HIGHLY COMMERCIAL STREET. BECAUSE YOU'RE RIGHT, WE COULD POTENTIALLY HAVE WHETHER IT'S AN AREA WAY BEHIND OR SOMEONE WANTS TO OPEN A FOOD TRUCK RIGHT IN THE MIDDLE OF A SUBDIVISION AND THAT'S NOT GOING TO BE OKAY. >> BUT I'M SUGGESTING IF WE DIRECT A NO ENFORCEMENT ON THE 300 TILL WE COME BACK AND FINALLY DECIDE, OTHERWISE, WE DO OPEN UP A CAN OF WORMS. >> WELL, ACTUALLY, I WAS GOING TO SUGGEST THAT WE DO THE OPTION 3, WHICH IS JUST TO MODIFY IT BECAUSE HONESTLY, IT IS A BIG ISSUE, WHICH IS THE ONE FROM THE 300 TO THE 150, AND FROM THERE, WE'LL SEE WHAT WE DO. WE'LL GO FROM THERE. >> YEAH, WE CAN MODIFY IT LATER. [OVERLAPPING] >> YEAH. WE CAN ALWAYS COME BACK AND CHANGE IT, BUT RIGHT NOW WHY HAVE A RULE AND NOT ENFORCE IT? [OVERLAPPING] >> BUT I THINK REDUCING IT BY HALF PROVIDES RELIEF TO THE ONES THAT SHOULDN'T BE AFFECTED BUT STILL PROVIDES A CERTAIN LEVEL OF PROTECTION THAT WE PUT IN THE FIRST PLACE. THEN WE HAVE ORDINANCE, I THINK WE CAN ALL SEND SOME EMAILS TO THE CITY MANAGER OR IF ANYONE HAS RECOMMENDATIONS FOR ORDINANCE REVIEW COMMITTEE. >> HOW ABOUT WE WOULD DO 150, AND THEN IF THERE'S COMPLAINTS, THEN THEY HAVE TO GET A SPECIAL PERMISSION? >> COMMISSIONER, MAY I MAKE A SUGGESTION? I HAVE NO DISAGREEMENT WITH WHAT YOU'RE SAYING BUT WHAT I WOULD LIKE TO SEE IS THAT THIS IS NOT GOING TO BE DONE PIECEMEAL. CAN WE AS A BOARD DIRECT CITY MANAGEMENT TO HAVE A GRACE OR HAVING A CP PERIOD WHERE THERE IS NO ENFORCEMENT OF THE COURT OF THE CURRENT ORDINANCE AS SET FORTH IN THE MUNICODE AND ALLOW THIS ARGUMENT TO BE TABLED SO IT CAN GO BACK TO ORDINANCE REVIEW COMMITTEE AND HAVE SOMETHING PROPOSED AND COME BACK NEXT MONTH? >> IF I MAY, I APPRECIATE THAT AND I THINK THE LAST PART IS PERFECT. I THINK WE NEED MORE TIME TO MAYBE PUT THIS TOGETHER WITH THE INPUT FROM THE COMMISSION TO SEE SOME MORE GUIDANCE ON WHERE WE SHOULD GO AND THIS CONVERSATION IS VERY HELPFUL. I APPRECIATE IT. THE FIRST PART, THOUGH, WITH THE NO ENFORCEMENT, JUST KEEP IN MIND THAT GOES BOTH WAYS WITH NO ENFORCEMENT. [OVERLAPPING] THERE'S NOT GOING TO BE ANYONE TO PROTECT. [OVERLAPPING] [LAUGHTER] ACTUALLY, CLARIFICATION WHAT THE NO ENFORCEMENT MEANS. [OVERLAPPING] >> WHEN DID WE ADD THE 300 FEET, A COUPLE MONTHS AGO? NO? FOUR MONTHS? >> YES. AS AT THE 300 FEET PORTION OR ALL OF IT? THE ORDINANCE REQUIRES PERMITTING OR REQUIRES [OVERLAPPING] >> NO, JUST ONLY AS TO THE 300-FOOT REQUIREMENT. MY APOLOGIES FOR NOT BEING MORE CLEAR. >> BECAUSE WE CAN COME AND REVISIT IT AGAIN. BECAUSE, HONESTLY, THIS HAD NOT POPPED UP UNTIL [LAUGHTER] AN ISSUE POPS UP. >> WELL, I'M JUST BEING THE DEVIL'S ADVOCATE [NOISE] [OVERLAPPING] >> WE'LL DO 300-150 AND THEN WE'LL AGREE TO GO AND HELP AND MODIFY THESE TO MAKE THEM A LITTLE MORE SPECIFIC. [OVERLAPPING] >> Y'ALL DO KNOW THAT THE 300 FEET IS NOT FOR THEM TO OPERATE, [01:05:01] IT'S SO THAT THEY CAN HAVE TABLES AND CHAIRS. >> WELL, IT DEPENDS WHAT THEY WANT TO DO. [OVERLAPPING] >> THEY'VE ALWAYS BEEN ABLE TO OPERATE WITHIN 300 FEET. >> YES. THIS IS TALKING ABOUT TABLES AND CHAIRS. >> THE RESTAURANT. >> WHEN JJ IS REFERENCING THAT WE WON'T ENFORCE, IT MEANS THAT EVERY FOOD TRUCK CAN HAVE TABLES AND CHAIRS WHETHER THERE'S COMPLAINTS AGAINST THEM OR NOT. >> OR WE CAN DO JUST NO LOUD MUSIC. >> THAT'S ALREADY IN THE [OVERLAPPING] >> THAT'S ALREADY THERE? [OVERLAPPING] OKAY. THAT'S ALREADY THERE. SO YEAH, WE'LL JUST DO THE 300 TO THE 150. >> LAST TIME, THE ONLY DEVIL'S ADVOCATE HERE IS THE ONLY PROBLEM IS SOMEBODY COMES AND DOES SOMETHING WITHIN 150 FEET AND THEN WE DECIDE, YOU KNOW WHAT, THERE'S SO MUCH OPPOSITION, IT'S NOT GOING TO WORK. IT'S GOING TO BE A LOT HARDER TO GET THEM OUT THAN [OVERLAPPING] [NOISE] IF WE HAD WAITED AND NOT ENFORCED. BUT IT'S UP TO THE COMMISSION. [NOISE] >> I MOVE THAT WE GO FOR OPTION NUMBER 3, WHICH IS TO MODIFY THE 300 DOWN TO 150. >> DO I HEAR A SECOND? >> I WOULD SECOND THAT. >> ALL IN FAVOR? >> AYE. >> AYE. >> AYE. >> AYE. >> OKAY. MOTION PASSES. ALL AGAINST? >> AYE. NO >> OKAY. MOTION PASSES. [LAUGHTER] >> THANK YOU. >> THEN 4B, CONSIDERATION AND APPROVAL OF FISCAL YEAR 2022 ANNUAL ACTION PLAN INCLUDING CDBG HOME AND ESG BUDGETS. >> HI. GOOD AFTERNOON, MAYOR, CITY COMMISSIONERS, AND CITY MANAGER. MY NAME IS GABRIELLE ESPINO AND I AM THE CHAIR OF THE COMMUNITY DEVELOPMENT ADVISORY COUNCIL, AND WITH ME ARE SEVERAL MEMBERS OF OUR BOARD. THE AGENDA ITEM BEFORE YOU OUTLINES THE RECOMMENDATION OF THE COMMUNITY DEVELOPMENT COUNCIL FOR THE FISCAL YEAR 2021 AND 2022 ANNUAL ACTION PLAN. THIS ACTION PLAN FOLLOWS THE GOALS AND PRIORITIES OUTLINED WITH THE FISCAL YEAR 2018 AND 2022 CONSOLIDATED PLAN AND STRATEGY. IN AN EFFORT TO PROVIDE YOU WITH OUR BEST RECOMMENDATION, WE REVIEWED APPLICATIONS AND HELD SEVERAL PUBLIC HEARINGS OVER A FOUR-MONTH PERIOD. IN ADDITION, WE SOLICITED COMMENTS FOR 30 DAYS IN REGARDS TO OUR RECOMMENDATION. NO COMMENTS WERE RECEIVED DURING THIS TIME. WE, THE CITY COUNCIL, WOULD LIKE TO CONGRATULATE YOU ON YOUR RE-ELECTIONS AND YOUR ELECTION AND WE WOULD LIKE TO THANK YOU GUYS FOR GIVING US THE COMPETENCE AND ALLOWING US TO TAKE PART OF [B) Consideration and Approval of FY 2021-2022 Annual Action Plan including CDBG, HOME and ESG budgets.] THE CITY'S CITIZEN PARTICIPATION PROCESS AND WE TAKE GREAT PRIDE IN SERVING THE CITY OF MICAN. IF Y'ALL HAVE ANY QUESTIONS ABOUT OUR RECOMMENDATION, WE'D BE HAPPY TO ANSWER. >> ANY [INAUDIBLE] QUESTIONS? >> MOTION TO APPROVE. >> THANK YOU. >> ALL IN FAVOR? >> AYE. >> AYE. >> OPPOSED? >> I COMMEND Y'ALL. >> MOTION PASSES. >> GOOD WORK, GUYS. >> THANK YOU ALL SO MUCH. [OVERLAPPING] >> NOW WE HAVE MANAGER'S REPORT. >> MAYOR AND COMMISSIONERS, THE FIRST ITEM IS BOARD AND COMMITTEE APPOINTMENTS. I'M GOING TO HAVE [INAUDIBLE] TALK ABOUT IT A LITTLE BIT. BUT REALLY, WHAT'S URGENT FOR US IS TO BE ABLE TO APPOINT MEMBERS OF THE COMMISSION TO THE [INAUDIBLE] BECAUSE OF A IMPENDING MEETING THAT WE'RE GOING TO HAVE. THE OTHERS ARE BASICALLY DISCUSSION ON, REALLY, THE VACANCIES THAT HAVE BEEN CREATED WITH THE DEPARTURE OF COMMISSIONER WHITACRE AND MAYOR DARLING. WE'D LIKE TO HAVE A WORKSHOP ON THAT SO WE CAN START DISTRIBUTING WHO WE COULD PLACE. OBVIOUSLY, MAYOR, WE WILL LOOK TO YOU TO MAKE RECOMMENDATIONS AS WE DID TWO OR THREE YEARS AGO. BUT FOR NOW, MY PIECE WAS, THAT'S THE PART THAT WE WANT TO FILL SO THAT MICHELLE CAN MOVE FORWARD WITH [INAUDIBLE]. >> I'VE GIVEN YOU A COPY OF THAT HANDOUT ALSO AND THEY'RE ALL LISTED IN YELLOW. [5. MANAGER’S REPORT] ALSO, IF I CAN ADD, THE WORKFORCE DEVELOPMENT SHOULD HAVE BEEN HIGHLIGHTED IN YELLOW ALSO. THAT ONE DIDN'T GET HIGHLIGHTED. [A) Board and Committee Appointments.] OF COURSE, IT'S THE TRES LAGOS [INAUDIBLE] NUMBER 1 AND THE [INAUDIBLE] 2A THAT WERE NEEDING APPOINTMENTS. >> THEN THE FOLKS THAT WERE ON THERE, LIKE I SAID, WAS MAYOR ON BOTH OF THOSE AND COMMISSIONER [INAUDIBLE] [OVERLAPPING] >> DO WE NEED HIM IN MEETING OR WE CAN AFTER THE WORKSHOP? >> WE WOULD LIKE TO MAKE THOSE DECISIONS TODAY ON THE [INAUDIBLE] ON THOSE TWO AND THEN THE REST WE CAN BRING BACK FOR WORKSHOP. >> HOW MANY DO WE NEED FOR THE [INAUDIBLE]? >> WE NEED A REPLACEMENT FOR MAYOR DARLING, SO I RECOMMEND THAT THAT BE YOU. THEN FOR [INAUDIBLE] 2A, YOU ARE ON THERE ALREADY, SO WE NEED ANOTHER COMMISSIONER TO GET ON. >> I'M FINE WITH TAKING OVER FROM NOW. ANYBODY ELSE INTERESTED IN [INAUDIBLE]? >> IN WHICH ONE? >> THE [INAUDIBLE]. >> FIRST, ZONE 2A. WHICH ONE IS ZONE 2A? >> THAT'S THE ONE ON SOUTH MCALLEN. [OVERLAPPING] >> I CAN VOLUNTEER. I'LL VOLUNTEER FOR THAT. >> I GUESS IT'LL BE MYSELF AND COMMISSIONER RAMIREZ. [01:10:02] DO WE NEED TO MOTION THAT? >> YES, SIR. >> [INAUDIBLE]. >> [INAUDIBLE] >> ALL IN FAVOR? [OVERLAPPING] >> AYE. >> ALL OPPOSED? MOTION CARRIES. >> MR. CITY MANAGER AND MS. [INAUDIBLE] , ON THE OTHER APPOINTMENTS THAT WE'RE GOING TO WORKSHOP, CAN WE HAVE A GRID OF THE TIME STATES OR DAY OF THE WEEK WHERE THESE BOARDS MEET IN A LOCATION SO, I GUESS FOR ALL OF US, FOR OUR PLANNING PURPOSES, WE HAVE AN IDEA IF THIS IS SOMETHING WE CAN REALLY DO OR NOT AND AT LEAST CONTEMPLATE BEFORE WE COMMIT? >> YES, SIR. >> THANK YOU. >> THANK YOU. YES, SIR. >> I GUESS ALL OF THESE YELLOW, YOU'RE SAYING WE'RE GOING TO HAVE TO MAKE DECISIONS? [OVERLAPPING] >> THAT'S CORRECT. >> THAT'S A LOT OF YELLOW. [LAUGHTER] [BACKGROUND] >> USE YOUR AGENDA OR ELSE. [OVERLAPPING]. >> OR YOU GO. [LAUGHTER] >> FUTURE AGENDA ITEMS, I'LL JUST REPEAT WHAT I SAID. I'D LIKE TO HAVE A WORKSHOP SO WE HAVE OPEN DIALOGUE ON THIS AND IT MAY NOT BE ON A MONDAY. MAYBE WE CAN DO A LUNCH MEETING SO YOU ALL HAVE TIME TO DELIBERATE ON THESE APPOINTMENTS BECAUSE THEY'RE VERY IMPORTANT. >> YEAH. >> ACTUALLY DURING THE ELECTION PROCESS, I KNOW THE REST OF THE COMMISSIONERS GOT THIS. OBVIOUSLY, WE CAN DO A WORKSHOP, I KNOW WE HAVE GREAT STAFF AT THE DEVELOPMENT CENTER AND OF COURSE THERE'S COMPLAINTS. I KNOW WE HAVE GREAT STAFF, BUT I THINK THERE'S SOME MISCOMMUNICATION SOMETIMES. WE CAN DO A WORKSHOP WITH POSSIBLY SOME DEVELOPERS, CONSTRUCTION COMPANIES, AND OURSELVES TO SEE WHAT THE ISSUE IS. BECAUSE SOMETIMES I THINK IT'S MORE OF MISCOMMUNICATION OR LACK OF COMMUNICATION, AND I'D LIKE TO HOPEFULLY GET TO THE BOTTOM OF IT AND SEE IF WE CAN MOVE THINGS QUICKER. >> OKAY. >> ANYBODY ELSE? >> WE SHOULD DO LIKE A LIKE A RETREAT LIKE WE DID AT [B) Future Agenda Items.] LA QUINTA BECAUSE I KNOW WE HAVE NEW MEMBERS. WELL, WE HAVE PEPE AND NOW WE HAVE TONY. MAYBE WE CAN DO SOMETHING LIKE WE DID LIKE WHEN SEBY AND I GOT ONBOARD WHERE WE GOT TOGETHER, LOOKED AT THE VISION AND STUFF. WHEN WE DID THAT, WE ALL REALIZED THAT WE ACTUALLY HAVE A LOT IN COMMON. MAYBE THAT COULD ALSO HELP US ALSO TO MOVE FORWARD AND GET TO KNOW US A LITTLE BETTER AND SEE OUR HEADS ARE ALL IN THE RIGHT PLACE, AND WE'LL TAKE IT FROM THERE. [OVERLAPPING] WE DON'T HAVE TO BE GUESSING, [LAUGHTER] [OVERLAPPING] WHETHER WE'RE IN AGREEMENT AND WHETHER WE'RE NOT. >> WE'RE ALSO GETTING TOGETHER AND TALKING ABOUT THE STIMULUS MONIES, AND SO IT COULD ALL BE DONE AT THE SAME TIME. >> WE CAN DO LIKE ONE MEETING CAPTURES ONE THING ABOUT FUTURE, WHAT ARE WE DO WE DOING? [LAUGHTER] [NOISE] >> WE DID FOUR YEARS AGO. [OVERLAPPING]. >> ONE WHOLE THING. >> I DON'T KNOW IF YOU REMEMBER THAT. [OVERLAPPING]. >> WE DID IT AT LA QUINTA. >> WE EACH SUBMITTED IDEAS OR TOPICS OF CONVERSATION. I THOUGHT THAT WAS VERY HELPFUL. >> MAYBE A SUGGESTION MAYOR. I BELIEVE COMMISSIONER RAMIREZ, YOU WERE ALSO THERE WITH I GUESS SOME OF US WHEN WE HAD THE RETREAT AT THE ISLAND. IT WAS A DAY AND A HALF RETREAT WHERE WE CAME UP WITH A BRAINSTORMING SESSION. >> THAT WAS SO MUCH FUN. [OVERLAPPING] >> I KNOW THAT THE STAFF PUT TOGETHER, I'M NOT SURE IF IT WAS A PDF FILE AND WE GOT AN EMAIL. MAYBE WE CAN BUILD OFF THAT AS A STARTING POINT, SO WE DON'T HAVE TO REINVENT THE WHEEL AND START BRAINSTORMING ALL OVER AGAIN, USE WHAT WE'VE ALREADY STARTED WITH. NO OFFENSE TO THE OTHER COMMISSIONERS, OF COURSE THEY'RE GOING TO BE MORE THAN WELCOME TO PROVIDE THEIR INPUT AND THEIR PERSPECTIVES. >> THEY ARE GOING TO JUMP ON OUR SPEEDING TRAIN. [LAUGHTER] >> WE ARE GOING 100 MILES PER HOUR. [LAUGHTER] >> YES. THAT WAS ALSO SUGGESTED, THAT COULD BE ALSO FORWARDED TO COMMISSIONER CABEZA AND OF COURSE COMMISSIONER AGUIRRE, SO THEY'RE CATCHING UP ON THE BRAINSTORMING PART OF WHAT WE'VE BEEN THINKING. [OVERLAPPING]. >> THANK YOU. >> I THINK YOU GUYS WILL HAVE A LOT MORE IN COMMON WITH ALL OF US THAN YOU THINK ACTUALLY. >> GOOD, EXCELLENT. [NOISE] WE'LL MOVE TO TABLE ITEMS. ANY TO BE TAKEN OFF THE TABLE? >> YES SIR. BEFORE WE GET TO THE ONE THAT SHOULD BE TAKEN OFF THE TABLE, ITEM 6C, THE APPLICANT, SHE WITHDREW THE VARIANCE REQUEST COMPLETELY. >> WITHDREW? >> WHAT HAPPENED? >> SIX WHAT? >> LATER. >> THEY WITHDREW? >> YES. >> SHE'LL BE SEEKING COUNSEL. >> OKAY. WE'LL COME BACK TO THAT. >> SO 6B CAN BE TAKEN OFF THE TABLE. >> MOTION TO REMOVE FROM TABLE. >> I SECOND. >> ALL IN FAVOR? >> AYE. >> SORRY. >> AGAINST? THE MOTION CARRIED. >> THIS IS A VARIANCE THAT NOW SUBDIVIDE AT 12498 NORTH BENTSEN ROAD. THIS PROPERTY IS LOCATED ON THE SOUTHEAST CORNER OF BENTSEN AND EIGHT MILE ROAD. THE PROPERTY IS CURRENTLY IN OUR ETJ, IT HAS BEEN SINCE 1982, IT IS CURRENTLY VACANT. USES INCLUDE SINGLE-FAMILY RESIDENCES AS WELL AS VACANT LAND. [6. TABLED ITEM(S)] [01:15:03] THE SUBJECT PROPERTY WAS GRANTED A VARIANCE TO NOT SUBDIVIDE BACK IN JANUARY OF 2014, BUT THE ORDER DIDN'T GO THROUGH WITH [NOISE] THE RIGHT-OF-WAY DEDICATION AND CONTRACTUAL AGREEMENT. THE PROPERTY WAS SINCE SOLD AND [C) Consideration of a variance request to the paving improvements required for Mile 6 ½ Road at the proposed Loma Prieta Subdivision, Hidalgo County, Texas; 3420 Mile 6 ½ Road.] THE NEW OWNER IS REQUESTING THAT SAME VARIANCE AND NOT SUBDIVIDE. AGAIN, [NOISE] THE BASIS IS THAT IT WILL BE USED FOR SINGLE-FAMILY HOME AND HE IS WILLING TO COMPLY WITH RIGHT-OF-WAY DEDICATION, AS WELL AS CONTRACTUAL AGREEMENTS. THERE ARE THREE OPTIONS BEFORE YOU. STAFF IS RECOMMENDING OPTION 2, WHICH IS DISAPPROVAL OF THE REQUEST. BUT SHOULD [NOISE] YOU CHOOSE TO APPROVE IT, WE DO RECOMMEND THAT IT COME WITH RIGHT-OF-WAY DEDICATION AND CONTRACTUAL AGREEMENT. [B) Consideration of a variance request to not require the subdivision process at the a 0.50-acre tract of land out of the north 5.42 out of Lot 101, Pride O’ Texas Subdivision, Hidalgo County, Texas; 12498 North Bentsen Road.] >> COMMISSIONER GARCIA, WASN'T THIS PIECE OR SUBJECT PROPERTY, THE SUBJECT OF AN AGENDA ITEM EARLIER THIS YEAR OR LAST YEAR MARCH? [OVERLAPPING] >> NOT EARLIER THIS YEAR. THIS OBVIOUSLY WAS ON THE AGENDA LAST MEETING, BUT WE DIDN'T GET TO IT. THIS YEAR DATE, IT HASN'T COME BEFORE YOU THIS YEAR. >> WELL, I WAS DOING SOME DIGGING ON THE ANNEXATION, AND MAYBE THIS IS SOMETHING THAT WE SHOULD DISCUSS FURTHER. BUT HOW MANY PROPERTIES THAT WERE LEFT OUTSIDE THAT WERE NOT ANNEXED ARE SUBJECT TO THOSE CONTRACTUAL AGREEMENTS? BECAUSE WE'RE WITHIN I THINK IT'S 50 MILES FROM THE BORDER, UNLESS WE HAVE A CONTRACTUAL AGREEMENT, WE CAN'T ANNEX. >> THAT'S A DEVELOPMENT AGREEMENT, SO THAT'S DIFFERENT THEN WITH WHAT THEY'RE ASKING FOR. THIS CONTRACTUAL AGREEMENT IS THAT YOU ARE NOT CLOSE ENOUGH TO CONNECT TO SEWER OR WATER AND STREETS RATHER AND WHEN WE GET CLOSE ENOUGH YOU ARE WILLING TO CONNECT, THAT'S WHAT THIS CONTRACTUAL AGREEMENT MEANS. >> BUT WITHIN THAT AGREEMENT, WE ALSO ATTACH THE WHOLE LIKE YOU HAVE TO AGREE TO THE ANNEXATION? >> NO MA'AM, WE DO NOT. [OVERLAPPING] THOSE ARE TWO SEPARATE ITEMS. >> OKAY. >> WHY DON'T WE DO THAT? >> IT'S AT YOUR DISCRETION. THERE ARE SOME PROPERTIES WHERE WE DO RECOMMEND THE VARIANCES ARE APPROVED IF THEY CHOOSE TO ANNEX, FOR EXAMPLE THE ONE THAT WE JUST REMOVED, THAT THE APPLICANT WITHDREW, WE HAD RECOMMENDED APPROVAL OF THAT VARIANCE SUBJECT TO ANNEXATION. SHE CHOSE NOT TO ANNEX. BUT THAT IS SOMETHING THAT DEFINITELY COULD BE DONE. WE DID LET THE PROPERTY OWNER OF THIS PROPERTY KNOW THAT, THAT MIGHT BE SOMETHING THAT MIGHT BE BROUGHT UP AND THEY HAD A COUPLE OF WEEKS TO THINK ABOUT IT. THEY HAVEN'T GIVEN US THEIR RESPONSE, I DON'T SEE THEM HERE THOUGH. BUT THEY ARE WITHIN ABOUT A THIRD OF A MILE OF CITY LIMITS, SO THAT IS DEFINITELY AN OPTION. >> BECAUSE THAT'S MY BIGGEST ISSUE WITH THEM, AND I GET IT THAT THERE'S A DEVELOPER THAT'S PUTTING LIKE THE SEWER. BUT WE HAVE AREAS THAT THE SEWER'S NOT EVEN A MILE, NOT EVEN A COUPLE FEET CLOSE TO, IS THAT EVEN FEASIBLE FOR THEM TO GET THE SERVICES EVEN IF THEY CHOSE TO HAVE THEM RIGHT NOW BECAUSE THEY'RE NOT AVAILABLE. THAT'S THE ISSUE I HAVE WITH THIS ONE BUT. >> WAS HOW FAR AWAY FROM THE CITY LIMITS? >> IT'S ABOUT A THIRD OF A MILE. IF YOU SEE THAT RED DASHED LINE THOSE ARE CITY LIMITS. >> YEAH. >> IT'S JUST A [OVERLAPPING]. >> CAN THEY EVEN ANNEX? >> I DIDN'T HEAR YOUR QUESTION, SIR. >> CAN THEY EVEN ANNEX? >> VOLUNTARILY. >> YES SIR >> VOLUNTARILY. >> RIGHT NOW THEY CAN ONLY ON VOLUNTARY BASIS AND BECAUSE WE'RE 50 MILES FROM THE BORDER, TECHNICALLY UNLESS THEY HAVE TO CONTRACT. I'LL SEND A TEAM BUT IT'S ON THE TEXAS STATUTE. IT'S ON THERE. >> WHICH OPTION DO WE PREVIOUSLY APPROVE, OR THE COMMISSION? >> THE PREVIOUS COMMISSION APPROVED WHAT IS NOW OPTION 1, WHICH IS YOU APPROVE THE VARIANCE AND NOT SUB-DIVIDE WITH A RIGHT AWAY DEDICATION CONTRACTUAL AGREEMENT, COMPLIANCE WITH MPU, AND SIGNING OF A HOLD HARMLESS AGREEMENT. >> THAT'S ALL IN OPTION 1? >> YEAH. >> BECAUSE ONE OF THE THINGS THAT CAME UP WITH THE PEOPLE THAT WITHDREW WAS THAT FOR THEM BECAUSE THEY'RE NOT ANNEXED FOR THEM TO GET A PERMIT TO BUILD FROM THAT COUNTY BECAUSE THEY'RE PART OF COUNTY. FOR THEM TO GET THAT PERMIT FROM COUNTY, THEY'RE SUBJECT TO GETTING A VARIANCE FROM THE SAME ACCOUNTING. NOW IF THEY DON'T GET THE VARIANCE, AND CORRECT ME IF I'M WRONG. >> NO, MA'AM. AGAIN, IT IS STATE LAW FOR EVERY PROPERTY IN THE STATE OF TEXAS TO CORRECTLY SUBDIVIDE, SO THEY ARE GOING THROUGH THE SUBDIVISION PROCESS. THE CONTENTIOUS ITEM HERE IS THAT INSTEAD OF PUTTING DOWN THE ESCROWS FOR THE INFRASTRUCTURE IMPROVEMENTS, THEY WANT TO PAY HALF AND THEN HALF LATER. THEIR INITIAL REQUEST WAS TO JUST WAVING OF THAT AND THAT GOT DISAPPROVED YEARS BACK. BUT AGAIN, I MEAN, THE STATE LAW IS IF YOU WANT A BUILDING PERMIT, YOU NEED TO SUBDIVIDE OR GET A VARIANCE, TO NOT SUBDIVIDE AND SO SHE IS GOING THROUGH THE PROCESS. [01:20:02] >> BUT THEN THEY COME AND GET A VARIANCE AND WE'RE LIKE, WELL, WE'RE NOT GOING TO GIVE IT TO YOU UNLESS YOU AGREE TO A ANNEX, SEE THAT'S MY PROBLEM WITH IT. >> OUR RECOMMENDATION, IF YOU LOOK AT IT, WE ALMOST ALL THE TIME RECOMMEND TO DISAPPROVE. WE THINK IT IS BETTER THAT IF THEY DO SUBDIVIDE BUT THEN IT'S ON YOU GUYS WHEN YOU WANT TO APPROVE VARIANCES TO THAT AND WHAT, IF ANY, CONDITIONS YOU WANT TO PUT ON THOSE. >> BECAUSE TO BE HONEST, AND THIS IS FOR THE COMMISSION, MAYBE WHEN WE HAVE THIS MEETING ABOUT WHEN WE'RE GOING TO BE TALKING ABOUT THE FUTURE MAP AND EVERYTHING BECAUSE THIS IS COMING UP, SO IF WE CAN JUST TRY TO GET THOSE SERVICES AT LEAST START MOVING IN THAT DIRECTION WHERE WE'RE MAKING THE SERVICES AVAILABLE TO ALL OF THESE PROPERTIES THAT HAVE BEEN ANNEXED AND EVERYTHING. MAYBE THAT'LL HELP US IN THIS ISSUE WHERE WE'RE NOT JUST VARIANCE AFTER VARIANCE AFTER VARIANCE AND BECAUSE THEY COME UP ALL THE TIME. I MEAN, THERE'S A LOT OF PROPERTIES OUT THERE THAT ARE STILL DEALING WITH ALL THIS STUFF AND THE BIGGEST ISSUE IS THE SERVICES ARE NOT AVAILABLE, THEY'RE LIKE A MILE AWAY. >> BUT THE SERVICES ARE NOT GOING AVAILABLE IF THEY DON'T DEDICATE THE PROPERTY RIGHT AWAY. [OVERLAPPING] >> THAT IS CORRECT. >> ALSO, THE DEVELOPERS THAT USUALLY TAKE THE SERVICES OUT THERE, BUILD THE INFRASTRUCTURE ONCE IT BECOMES DEVELOPED. >> I THINK IT'S A GOOD IDEA. [OVERLAPPING] >> BUT THEY HAD NOTHING TO LOOK UP TO. >> I THINK WHAT COMMISSIONER RAMIREZ, I THINK IS SAYING IS A GOOD IDEA IF WE GO AND BUT IN THIS INSTANCE, IT'S A LITTLE BIT DIFFERENT. WE HAVE A THIRD OF A MILE WITH ONE LITTLE PROPERTY SO UNLESS THE REST OF THE PEOPLE ARE GOING TO START AGREEING, THEN IT FALLS ON THE REST OF THE CITIZENS. >> RIGHT, TO CREATE THE [INAUDIBLE]. >> IT DOES AND BY APPROVING A VARIANCE, WE'RE USUALLY PRETTY MUCH WORKING WITH THE REQUEST OF THE. >> CONTRACTOR. >> THE PROPERTY OWNER. >> NO. >> OTHERWISE, WE COULD LEAVE IT IN PLANNING AND THEY COULD JUST REQUIRE EVERYONE TO SUBDIVIDE AND WE WOULD NEVER SEE ANY VARIANCES. >> THIS IS RIGHT. >> I GUESS. >> I WOULD SAY IF WHEN WE DO PROVIDE VARIANCES, I THINK IT'S AN ACCOMMODATION AND IT'S A VERY FAIR ONE, I THINK WE SHOULD REQUIRE ANNEXATION, AND CORRECT ME IF I'M WRONG IF SOME PEOPLE REQUEST OR WE CAN SAY DEPENDING ON HOW FAR OUT THEY ARE, CAN WE SAY, WELL, YOU HAVE TO AGREE TO BE ANNEXED AND YOU SIGN SOMETHING BUT THE ANNEXATION DOESN'T TAKE EFFECT FOR 36 MONTHS, 24 MONTHS. >> WE CAN DO THAT. >> THAT WAY IT GIVES THEM SOME TIME NOT ONLY FOR CONSTRUCTION OR TO GET AN [OVERLAPPING] >> NOW WE RUN INTO DIFFERENT TISSUES BECAUSE THIS PROPERTY IS ONE-THIRD OF A MILE AWAY FROM THE CITY LIMITS. >> WELL, THIS ONE COULD BE IMMEDIATE. >> NO, BUT. >> I'M TALKING ABOUT THERE'S SOMETHING THAT WE HAVE THAT ARE [NOISE]. >> FURTHER AWAY. >> THEY'RE SIGNIFICANTLY FURTHER OUT. >> BUT THIS IS A SEPARATE. >> YOU GIVE THEM A BREAK. BECAUSE THE MAIN REASON THEY DON'T WANT TO ANNEX IS THEY DON'T WANT TO PAY PROPERTY TAXES FOR NO REAL REASON. >> RIGHT. >> IF YOU SAY WELL DEVELOPMENT WILL EVENTUALLY CATCH UP. >> THERE'S ONE THAT. >> YOU'RE GOING TO GIVE THEM A BREAK, SO YOU GIVE THEM THIS FIVE-YEAR WINDOW EVENTUALLY YOU'VE ALREADY GUARANTEED ANNEXATION. >> I KNOW THAT THERE'S A CONTRACT THAT IF THEY CAN STAY LIKE THAT AND UNTIL THEY HOOK UP TO THE SERVICES OR WHENEVER THEN AT THAT POINT THEY HAVE TO BE ANNEXED. >> BACK WHEN IT WAS EASIER TO DO ANNEXATION, LET ME GO WITH THAT ROUTE. PROPERTY OWNERS WHO SIGNED NONDEVELOPMENT AGREEMENTS, YES. THEY WOULD RETAIN THEIR ETJ STATUS UP UNTIL THEY DECIDED TO SUBMIT A PLAT, IN OTHER WORDS, THEY DECIDE TO SUBDIVIDE OR THEY WERE LOOKING FOR A BUILDING PERMIT, YES, MA'AM. BUT THAT WAS WRITTEN IN TO THE DEVELOPMENT AGREEMENT THAT THEY SIGNED SO THEY WENT INTO THAT WITH THE FULL KNOWLEDGE OF WHAT THOSE CLAUSES WERE. >> LET ME ASK A QUESTION, THIS IS A HALF-ACRE. >> YES SIR. >> THERE IS NO SEWER IN THAT AREA. >> CORRECT. >> THEY'RE GOING TO ASK FOR A BUILDING PERMIT. >> CORRECT. >> WE'RE GIVING THEM THE OPTION OF THEM NOT SUBDIVIDING. >> CORRECT. >> BECAUSE THE SUBDIVIDING PROCESS IS BETWEEN $8,000 AND $12,000? BECAUSE IT'S VERY EXPENSIVE TO DO THE SUBDIVISION PROCESS. WE'RE GIVING THEM THE VARIANCE THAT THEY CAN GET A PERMIT WITHOUT GOING THROUGH A SUBDIVISION BUT WE WANT THEM TO GIVE US THE ESTIMATES FOR THE FUTURE. THAT'S THE WAY [OVERLAPPING]. >> GIVE US A RIGHT AWAY AND CONTRACTUAL AGREEMENT, YES SIR. >> THAT'S THE CONTRACTUAL AGREEMENT, THAT'S THE WAY TO DO IT, I WOULD VIEW. BECAUSE YES IT'S A THIRD OF A MILE FROM OUR CITY LIMITS, BUT THERE IS NO SEWER THERE AND THIS IS SHARON WATER SUPPLY I WOULD IMAGINING RIGHT THERE. >> YES SIR. >> THAT WOULD BE OPTION 1. >> YES SIR. >> I MEAN WHAT THE COMMISSION HAS PREVIOUSLY APPROVED AS WELL. >> CORRECT. >> I'D MAKE A MOTION TO APPROVE OPTION 1. >> BACK IN. >> ALL IN FAVOR? >> AYE. >> AYE. >> AYE. >> ALL AGAINST. MOTION CARRIES. IS THAT IT? [01:25:04] [BACKGROUND] THAT'S THE EXECUTIVE SESSION WE'VE ALREADY TAKEN CARE OF. LET IT RUN. >> THAT'S IT. YES SIR >> THERE BEING NO FURTHER BUSINESS, THIS MEETING IS ADJOURNED. * This transcript was compiled from uncorrected Closed Captioning.