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A MEETING OF THE MCALLEN CITY COMMISSION.

[00:00:09]

AND GOOD EVENING, EVERYBODY, WELCOME TO TONIGHT'S MCALLEN CITY COUNCIL MEETING, AND WE'LL BEGIN WITH A PLEDGE OF ALLEGIANCE AND THEN INVOCATION BY COMMISSIONER SEBY HABBAD.

[CALL TO ORDER]

AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.

PLEASE BOW YOUR HEADS.[INVOCATION] DEAR LORD, TODAY WE THANK YOU FOR ALL OUR LEADERS WHO CARE ABOUT ISSUES IMPACTING THE MOST VULNERABLE.

WE ASK THAT YOU HELP ALL LEADERS TO CARE FOR PEOPLE IN NEED, ESPECIALLY CHILDREN.

PRESS ON THE HEARTS OF CONSTITUENTS A DESIRE AND DRIVE TO REACH OUT TO THEIR GOVERNMENT LEADERS ON ISSUES THAT STRAIN OUR RESOURCES AND DIVIDE OUR COMMUNITY AND SOFTEN OUR LEADERS HEARTS TOWARDS THESE ISSUES, FOCUSING ON WHAT YOUR GRACE AND WILL WOULD DESIRE.

WE ASK FOR YOUR PROTECTION AND STRENGTH FOR THOSE WITHIN OUR COMMUNITY ON THE FRONT LINES OF HEALTH CARE AND PUBLIC SAFETY.

MAY OUR DECISIONS BE GUIDED IN YOUR WISDOM AMEN, AMEN.

WE HAVE PROCLAMATION, WORLD MOSQUITO DAY.

COMMISSIONER ZAMORA.

WORLD MOSQUITO CONTROL HOW APPROPRIATE.

[PROCLAMATION]

[World Mosquito Control Day]

YEAH, I THINK SO.

SO AS THE SAYING GOES, YOU LEARN SOMETHING NEW EVERY DAY AND I DIDN'T KNOW ABOUT THIS DAY, SO A PROCLAMATION CITY OF MCALLEN STATE OF TEXAS COUNTY HIDALGO CITY OF MCALLEN.

WHEREAS WORLD MOSQUITO DAY ORIGINATED IN 1897 TO COMMEMORATE THE RESEARCH WORK OF DR.

RONALD ROSS, BRITISH NOBEL PEACE PRIZE WINNER DR.

ROSS DISCOVERED THE MALARIA PARASITE IN 1897, WHICH BECAME A STARTING POINT FOR ITS PREVENTION.

AUGUST 20TH IS WORLD MOSQUITO DAY, AND IT AIMS TO RAISE AWARENESS ABOUT THE CAUSE OF MALARIA AND HOW IT CAN BE PREVENTED.

AND WHEREAS DR. RONALD ROSS DISCOVERED THE LINK BETWEEN MOSQUITOES, MALARIA AND HUMANS, HE FOUND OUT THAT THE MALARIA PARASITE IS TRANSMITTED TO HUMANS HUMAN BEINGS DUE TO THE BITE OF CERTAIN MOSQUITOES.

AND WHEREAS CURRENTLY THE CENTERS FOR DISEASE CONTROL AND PREVENTION ESTIMATES THAT 350 TO 500 MILLION CASES OF MALARIA OCCUR WORLDWIDE EACH YEAR, AND MORE THAN ONE MILLION PEOPLE DIE, MOST OF THEM YOUNG CHILDREN IN SUB-SAHARAN AFRICA AND ASIA.

AND WHEREAS THE MOST COMMON METHODS TO PREVENT THE SPREAD ARE TO TAKE PRECAUTIONS, REMOVE STANDING WATER FROM AROUND YOUR YARD AND KEEP LAWNS TRIMMED, KEEP GUTTERS CLEAR OF DEBRIS, CHANGE WATER AND PET DISHES DAILY, RINSE AND SCRUB BASES AND OTHER INDOOR WATER CONTAINERS WEEKLY, CHANGE WATER IN WADING POOLS AND BIRDBATHS SEVERAL TIMES A WEEK, COVERED TRASH CONTAINERS, SPRING RAIN BARRELS AND OPENINGS TO WATER TANKS OR CISTERNS.

AND WHEREAS THE CITY OF MCALLEN COMMISSION ENCOURAGES ITS CITIZENS OF THE NEED TO STEP UP THE FIGHT AND RAISE AWARENESS AGAINST THE DANGERS OF MOSQUITOES.

NOW, THEREFORE, I JOAQUIN ZAMORA MAYOR PRO TEM OF THE CITY OF MCALLEN STATE OF TEXAS BY VIRTUE OF THE AUTHORITY VESTED IN ME ON BEHALF OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MCALLEN DO HEREBY PROCLAIM AUGUST THE 20TH, 2021 AS WORLD MOSQUITO CONTROL DAY.

[SPANISH] THANK YOU SIR.

THANK YOU, COMMISSIONER.

THANK YOU, MR. MAYOR, CITY COMMISSIONERS, CITY MANAGER FOR THIS PROCLAMATION TODAY AS WE RECOGNIZE ROLL MOSQUITO CONTROL DAY, OUR VECTOR MOSQUITO TEAM BEFORE YOU HERE CONTROL THE MOSQUITO POPULATIONS IN THE MCALLEN COMMUNITY BY BRINGING INCREASED FOCUS ON TO ELIMINATING STANDING WATER, PREVENTING MOSQUITO LARVAE FROM HATCHING AND MOSQUITO SPRAYING.

THE BATTLE AGAINST MOSQUITOES STARTS AT EVERY RESIDENCE IN MCALLEN BY ELIMINATING STANDING WATER, EVEN SOMETHING AS SMALL AS A CAP FULL OF RAIN, YOU CAN REMOVE AREAS OF WATER MOSQUITOES FROM LAYING EGGS.

IT'S IMPORTANT FOR PEOPLE TO WALK AROUND THEIR HOMES TO SEE WHAT THEY CAN DO TO CURB THE MOSQUITO POPULATION.

THESE AMAZING EMPLOYEES HERE HAVE SPRAYED OUR MCALLEN RESIDENTIAL STREETS, WORKING FROM 10:00 P.M.

TO 7:00 A.M., DRIVING MORE THAN 2500 MILES THIS YEAR ALONE.

THEY ALSO SET UP 10 MOSQUITO TRAPS AND CAPTURED LIVE MOSQUITOES TWICE A MONTH AROUND THE CITY AND COLLECT THESE SPECIMENS FOR SHIPMENT TO THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN AUSTIN AND THE UNIVERSITY OF TEXAS RIO GRANDE VALLEY DEPARTMENT OF BIOLOGY FOR TESTING OF WEST NILE, ZIKA AND CHIKUNGUNYA VIRUSES.

I WOULD LIKE TO RECOGNIZE THESE DEDICATED, KNOWLEDGEABLE, COMMITTED, HARDWORKING EMPLOYEES OF OUR ENVIRONMENTAL VECTOR CONTROL TEAM.

HERE WE HAVE TODAY AMOS PRADA, JERRY VALDEZ, GUADALUPE FLORES, RICARDO

[00:05:04]

RODRIGUEZ AND TWO EMPLOYEES THAT ARE NOT HERE TODAY ARE [INAUDIBLE] CANALES AND VERONICA GARZA [APPLAUSE] AS A TEAM, AS A DEPARTMENT, AS A CITY, WE DRIVE PUBLIC HEALTH WORKING TOGETHER.

THANK YOU.

ONE QUESTION, IF YOU CAN EXPLAIN TO OUR PUBLIC, AND I THINK YOU DID SAY WHY THEY DON'T SEE OUR UNSUNG HEROES, WHAT TIME DO THEY WORK? THEY WORK FROM 10:00 P.M.

TO 7:00 A.M.

SO WHILE YOU'RE SLEEPING, WE'RE SPRAYING THE STREET, THE STREETS.

THANK YOU SO MUCH.

FROM ONE END TO THE CITY TO THE OTHER, ALL THE WAY.

THANK YOU VERY MUCH.

THANK YOU.

COUNCIL PUBLIC COMMENT OR DO WE WAIT FOR THE ITEM.

I THINK YOU HAVE ONE PERSON SIGN UP FOR PUBLIC TESTIMONY ON AN ITEM.

YOU CAN TAKE IT NOW OR ANY TIME BEFORE THE ITEM IS CONSIDERED.

TAKE IT NOW.

NO.

OK PUBLIC COMMENTS.

WE HAVE [INAUIDBLE] NOT HERE.

[AGENDA ITEM PUBLIC COMMENT (Individuals wishing to speak regarding an agenda item on today's agenda, please contact City Secretary before 5:00pm)]

OK.

DID YOU THINK WE'LL PICK IT UP LATER THEN.

ALL RIGHT, I GUESS WE'LL OPEN UP PUBLIC HEARINGS, ROUTINE ITEMS, ITEM A.

[1. PUBLIC HEARING]

THANKS.

[A) ROUTINE ITEMS]

MAYOR COMMISSIONER.

GOOD AFTERNOON.

WE HAVE BEFORE YOU SOME ROUTINE ITEMS THAT ARE SCHEDULED FOR CONSIDERATION BY THE COMMISSION.

WE HAVE ITEMS ONE A ONE WHICH IS A REZONING FROM AO TO C3.

THIS IS AT 4117 HIGHWAY BUSINESS 83 IN THE REAR.

SECOND ITEM IS TO REZONE FROM R 3A TO R 3T AT 701 S TAYLOR ROAD, THIS ALSO IS AT THE REAR .

AND REZONE FROM AO TO R1 PROPERTY AT 2433 STATE HIGHWAY 107 ALSO IN THE REAR.

THIS COMES TO THE COMMISSION WITH A FAVORABLE RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION, ITS APPROVAL AS A ROUTINE ITEM.

AGAINST.

SO MOVED.

SECOND.

ALL IN FAVOR, AYE.

ALL AGAINST.

MOTION CARRIES.

ITEM TWO ITEM B IS A REZONING FROM C3 TO R1.

THIS PARTICULAR REQUEST IS ATTACHED TO ITEM THREE THAT YOU JUST APPROVED.

THE PROPERTY IS FRONTING DIRECTLY ON ONE HIGHWAY 107 AND THE REQUEST IS TO REZONE

[B) REZONINGS]

FROM C3 TO R1.

IT'S PART OF THE OVERALL DEVELOPMENT OF NORTH PARK SUBDIVISION ON 107.

[1. Rezone from C-3 (general business) District to R-1 (single-family residential) District: 1.96 acres out of the west one-half (1/2) of Lot 11, Section 280, Texas-Mexican Railway Company’s Survey, Hidalgo County, Texas; 2433 State Highway 107.]

IT'S A 1998 LOT SINGLE FAMILY DEVELOPMENT, THOUGH THE REQUEST DOESN'T CONFORM WITH THE URBAN AUTO COMMERCIAL FOR FIRST SITE, IT DOES COMPLY WITH THE DEVELOPMENT TREND AND THE ZONING IN THE AREA.

ITEM WAS CONSIDERED AT THE JULY 20TH, 2021 P&C MEETING.

NO ONE APPEARED IN OPPOSITION.

FOLLOWING DISCUSSION, THE BOARD VOTED UNANIMOUSLY TO RECOMMEND APPROVAL OF THE REQUEST.

THERE WERE SIX MEMBERS PRESENT AND VOTING.

ANYBODY IN THERE TO SPEAK FOR OR AGAINST? IF NOT, WE HAVE A MOTION AND A SECOND ALL IN FAVOR, AYE.

ALL AGAINST THE MOTION CARRIES.

DID WE DO ITEM TWO A TWO AND THREE? YEAH, WE DID.

I'M MESSING AROUND WITH MY COMPUTER.

CONDITIONAL USE PERMITS.

OK, ITEM C IS A REQUEST FOR CONDITIONAL USE PERMIT AT 8300 NORTH WARE ROAD.

WE ARE RECOMMENDING THE ITEM BE TABLED PENDING PLANNING AND ZONING COMMISSION ACTION ON THE ITEM.

[C) CONDITIONAL USE PERMITS]

THANK YOU MAYOR

[1. Request of Mario A. Reyna, on behalf of Riverside Development Service, LLC, for a conditional Use Permit, for life of the use, for a planned unit development at the 26.663 acre tract of land out of Lot 45 and 52, La Lomita Irrigation and Construction Company’s Subdivision, Hidalgo County, Texas; 8300 North Ware Road.]

THE RECORD SHOULD REFLECT ON ITEM C ONE THAT COMMISSIONER AGUIRRE I BELIEVE FILED AN AFFIDAVIT AND DID NOT PARTICIPATE AND VOTE ON THAT ITEM.

EXCELLENT ITEM D IS THERE A MOTION TO APPROVE, SO MOVED.

SECOND.

ALL IN FAVOR, AYE.

AGAINST.

MOTION CARRIES AND THAT'S THE END OF THE PUBLIC HEARING CONSENT AGENDA ITEM TWO A-E.

DO WE NEED TO PULL ANYTHING OUT? I WANTED TO PULL C, C ANYBODY ELSE?

[D) Amending the Zoning Ordinance of the City of McAllen.]

[END OF PUBLIC HEARING]

[00:10:02]

MOVE TO APPROVE THE REST.

[2. CONSENT AGENDA]

OK IS THERE A MOTION TO APPROVE ITEMS TWO A,B,D AND E.

SO MOVED.

SECOND.

ALL IN FAVOR, AYE.

ALL AGAINST MOTION CARRIES ITEM C.

THEY WANT TO PRESENT THE ITEM.

YES SIR, OR YOU HAD A SPECIFIC QUESTION.

YEAH, I WAS LOOKING AT THE CHANGE ORDER ONE, CHANGE ORDER NUMBER SIX.

AND NOW THE TOTAL AMOUNT OF THE CONTRACT CAME OVER TO TWO POINT TWO POINT SIX

[C) Consideration and Approval of Change Order No. 6 and Final Reconciliation of Quantities for the Westway Heights Drainage Improvements Project.]

MILLION.

I WAS JUST WONDERING WHAT WAS THE AND JUST BECAUSE WHEN WE DID WHEN WE WENT THROUGH THE BIDDING PROCESS, WHAT WAS THE SECOND THE SECOND LARGEST AMOUNT FOR THE BIDDING? I CAN LOOK I CAN LOOK INTO IT.

I DON'T HAVE THAT RIGHT OFFHAND.

THE CHANGE ORDER CURRENTLY IS FOR FORTY FOUR THOUSAND CHANGE ORDER SIX.

BUT I CAN GET YOU THE SECOND BIDDER AND GET BACK TO YOU ON A FRIDAY.

WHAT WAS THE ORIGINAL AMOUNT OF THE BID? THE ORIGINAL BID WAS TWO POINT FOUR THREE EIGHT TOTAL FINAL CONTRACT PRICE IS GOING TO BE TWO POINT SIX MILLION.

AND THE CURRENT CHANGE ORDER REQUEST FOR A CHANGE OVER SIX IS FORTY NINE THOUSAND EIGHT SIXTY SIX.

I JUST WANTED TO COMPARE AND SEE IF IT'S THROUGH THE CHANGE ORDERS, IF IT DIDN'T GET ALREADY OVER THE SECOND THE SECOND SMALLEST BID, I CAN DOUBLE CHECK WITH THAT.

BUT WHAT I WOULD SAY TO THAT IS WE WOULD HAVE STILL RUN INTO THE GAS LINE, THE FUEL DRAINS AND THE UTILITY CONFLICTS THAT WERE NOT IN THE PLANS WE WOULD HAVE RUN INTO WITH THE SECOND HIGHEST BIDDER.

SO WE WOULD LIKELY SEEN THE SAME CHANGE ORDERS THAT WE SEE TODAY THAT GOT APPROVED.

THE COMMISSION WOULD HAVE HAPPENED WITH THE SECOND HIGHEST BIDDER.

SO WE WOULD JUST ADD THAT OTHER TWO HUNDRED AND SOME THOUSAND FOR THE FINAL CONTRACT PRICE ONTO THAT.

SO IT WOULD LIKELY BE MORE EXPENSIVE STILL TAKING THE SECOND BIDDER BECAUSE THOSE WERE UNFORESEEN CIRCUMSTANCES, NO MATTER WHO GOT THAT, WERE BEYOND THE CONTROL OF THE DESIGN.

BUT I CAN DEFINITELY GET THAT TO YOU YES MA'AM, OK.

DO I HEAR A MOTION TO APPROVE? SO MOVED.

SECOND.

ALL IN FAVOR.

AGAINST.

MOTION CARRIES.

ITEM THREE THREE A, TXDOT MASTER GRANT AGREEMENT.

GOOD EVENING, MAYOR.

MEMBERS OF THE COMMISSION, THE TRANSIT DEPARTMENT, IS REQUESTING

[3. BIDS/CONTRACTS]

AUTHORIZATION TO EXECUTE A MASTER GRANT AGREEMENT WITH THE TEXAS DEPARTMENT OF

[A) Consideration and Approval of the TXDOT Master Grant Agreement.]

TRANSPORTATION.

THIS IS A GRANT AGREEMENT THAT WE DO EVERY FIVE YEARS, BASICALLY ASSURING TXDOT THAT WE'RE GOING TO BE COMPLYING WITH ALL STATE AND FEDERAL REQUIREMENTS.

WE DO THIS IN ORDER TO HONOR AGREEMENT ALL AGAINST MOTION PASSES.

ITEM THREE B.

GOOD EVENING, MAYOR AND COMMISSIONER, THIS IS TO UPGRADE THE LIGHTING HERE IN COMMISSION CHAMBER SO THAT WE CAN BE READY WHEN

[B) Award of contract to Nelco Media for the Commission Chamber Lighting Upgrade Project.]

WE BEGIN TO BROADCAST IN HIGH DEFINITION ON SPECTRUM, IT WAS NECESSARY.

WELL, IT WOULD BE NICE.

THAT WAY YOU CAN LOOK GOOD IN MY HIGH DEFINITION.

MY ONLY QUESTION WAS BECAUSE WE ARE CONTEMPLATING TRAVEL EXPENSES FOR THEIR FOR THE CREW.

WE WERE NOT ABLE TO FIND A LOCAL COMPANY THAT WE WOULDN'T HAVE TO PAY FOR TRAVELING EXPENSES.

WE WENT WITH A COMPANY WHO HAS THE BEST EXPERIENCE AND UNDERSTANDING HOW TO APPROACH THIS PROJECT, TREATING THIS LIKE A TV SET.

IT'S PAID THROUGH THE [INAUDIBLE] FUNDS.

EXACTLY.

OK, SO IT'S A NO THAT THERE'S NO LOCAL COMPANIES THAT WE COULD HAVE GONE AROUND TRAVEL, NOT WITH THE EXPERIENCE FOR LIGHTING FOR BROADCAST.

DO I HEAR A MOTION TO APPROVE.

SO MOVED.

ONE FINAL QUESTION, WAS THE ORIGINAL BUDGET ON THIS ITEM ABOUT 100000 DOLLARS? YES, IT'S SLIGHTLY BECAUSE OF COVID.

APOLOGIES.

DO I HEAR A SECOND.

SECOND.

ALL IN FAVOR AYE, AGAINST.

MOTION CARRIES ITEM FOUR ORDINANCES.

4A IS ACTUALLY A BUDGET AMENDMENT TO COVER THAT SHORTAGE THAT YOU JUST APPROVED.

DO I HEAR A MOTION TO APPROVE? MOTION APPROVED.

[4. ORDINANCES]

SECOND? SECOND.

ALL IN FAVOR, AYE.

AGAINST.

THE MOTION CARRIES, ITEM B.

[A) Providing for a budget amendment for the Commission Chamber Lighting Upgrade Project.]

B IS TO INCREASE IN NUMBER OF AUTHORIZED POSITIONS.

CHIEF, THIS HAS TO DO WITH THE NEW COLLECTIVE BARGAINING AGREEMENT, MR. MAYOR MEMBERS OF THE COMMISSION.

JUST FOR THE RECORD, IT SAYS VICTOR FLORES

[B) Providing for an increase in the number of authorized positions in the McAllen Police Department.]

ELSE.

YES, SIR.

WE RETITLED THREE POSITIONS FROM CAPTAIN TO ASSISTANT CHIEF.

[00:15:08]

MCALLEN PD WITH THE TWO ADDITIONAL OFFICERS WE'LL HIT 300 POLICE OFFICERS.

IN TERMS OF STRENGTH, WE ARE IN THE TOP 20 IN TERMS OF DEPARTMENT SIZE IN THE STATE OF TEXAS.

SO WE'RE PREPARING THE DEPARTMENT FOR ITS FUTURE GROWTH, VACATING THE CAPTAIN'S POSITIONS FOR FUTURE GROWTH AND CREATING ASSISTANT CHIEFS FOR THE CURRENT POSITIONS RIGHT NOW.

SO WE GOT THAT THROUGH THE COLLECTIVE BARGAINING AGREEMENT APPROVED AND WE'RE JUST MAKING THE ORDINANCE CHANGE AT THIS POINT IN TIME.

MOTION PASSES.

[INAUDIBLE] OK, THIS IS A REQUEST TO ABANDON AN EXISTING 10 FOOT UTILITY EASEMENT.

IT WAS DEDICATED AS PART OF THE NACCU SUBDIVISION IN FACT IT WAS RECORDED.

[C) Providing for the abandonment of the existing 10-foot utility easement along the east side of Lots 1 and 2, NACCU Subdivision, Hidalgo County, Texas; 9100 & 9200 North 10th Street.]

IT'S A TOOL OP DEVELOPMENT.

THEY'RE IN THE PROCESS OF REDEVELOPING THE PROPERTY AND RE SUBDIVIDING IT.

PART OF THE REQUEST IS TO ABANDON THE EXISTING EASEMENT AND MAKE IT A PRIVATE EASEMENT.

AND THE SEWER LINE THAT'S THERE NOW WOULD BECOME A PRIVATE LINE ALSO.

DO WE HAVE ANY ISSUES, ROY? NO, SIR.

DO I HAVE A MOTION? IT WAS DEDICATED AS PART OF THE PLAN TO THE CITY MCALLEN.

AND I TAKE IT THAT ALL THE REGULAR NOTICES TO ALL THE UTILITIES, YES, THERE WAS NO OBJECTIONS NOTED.

SO IT'S RECOMMENDING APPROVAL OF THE ORDINANCE THAT I RECOMMENDED.

ALL IN FAVOR, AYE.

ALL AGAINST THE MOTION PASSES.

ITEM FIVE.

MAYOR THIS IS A RESOLUTION DESIGNATING YOU AS THE CITY'S AUTHORIZED OFFICIAL FOR GRANT SUBMISSIONS.

[5. RESOLUTIONS]

[A) Authorizing a resolution designating Mayor Javier Villalobos as the City's Authorized Official for grant submissions and general support documentation.]

AGAINST MOTION CARRIES B, AUTHORIZING THE SUBMISSION OF A GRANT DOCUMENTATION TO KEEP TEXAS BEAUTIFUL.

DO I HEAR MOTION TO APPROVE.

SO MOVED.

SECOND.

ALL IN FAVOR AYE.

MOTION CARRIES.

[B) Authorizing the submission of grant support documentation to Keep Texas Beautiful/U.S. Environmental Protection Agency for funding under the EPA Trash Free Waters Grant.]

THANK YOU.

ITEM C.

SO C IS HAS TO DO WITH THE DECLARATION THAT YOU DID A WEEK AGO TODAY, MAYOR.

AND IN ORDER FOR THAT DISASTER DECLARATION TO CONTINUE, IT NEEDS THE

[C) Authorizing extending the August 2, 2021 local disaster declaration in response to the immigration surge and COVID-19.]

APPROVAL OF THE CITY COMMISSION.

AND OF COURSE, THE DISASTER DECLARATION WAS FOR THE PURPOSES OF TRYING TO TAP INTO FEDERAL STATE FUNDS ASSISTANCE WITH THE ISSUES WE CURRENTLY HAVE, CORRECT? THAT IS CORRECT.

YES, SIR.

SO MOVED.

SECOND.

ALL IN FAVOR AYE AGAINST MOTION CARRIES ITEM SIX VARIANCES.

OH, THIS IS A REQUEST FOR RIGHT AWAY DEDICATION ON NORTH MCCOLL AT 4701 NORTH MCCOLL.

[6. VARIANCES]

I'LL BE ABSTAINING FROM THIS ITEM, MAYOR.

THIS IS A PROPOSED SUBDIVISION NORTHWEST CORNER OF MCCOLL AND EAST VIOLET

[A) Consideration of a variance request to the ROW dedication requirements for North McColl Road and East Violet Avenue at the proposed BEJ Subdivision, Hidalgo County, Texas; 4701 North McColl Road.]

AVENUE AS PART OF THE SUBDIVISION REQUIREMENT, A DEDICATION OF 20 FOOT RIGHT AWAY FOR MCCOLL ROAD AND A TWENTY FOOT DEDICATION IS REQUIRED ON EAST VIOLET TO COMPLY WITH A THIRD FLOOR PLAN.

THE ENGINEER HAS REQUESTED A VARIANCE TO ALLOW FOR A TEN FOOT DEDICATION ON BOTH STREETS INSTEAD OF THE REQUIRED TWENTY FEET.

CITY DEPARTMENT HAS LOOKED AT THIS TOGETHER WITH TXDOT THOUGHT FROM RIGHT AWAY DIVISION, AND THEY RECOMMENDED COMPLIANCE WITH THE AWAY DEDICATION AS REQUIRED ON THE THIRD FLOOR PLAN.

B AND C CONSIDERED THE SUBDIVISION AND REVISED PRELIMINARY FORM AT THEIR MEETING OF JULY 20TH.

MR. RONNY CRUZ, THE ENGINEER FOR THE DEVELOPMENT ADDRESSED THE BOARD AND MENTIONED THE DEVELOPER WISHED TO MATCH THE EXISTING RIGHT AWAY LINES TO THE NORTH AND TO THE WEST, AND ALSO EXISTING SUBDIVISIONS TO THE WEST WOULD PROHIBIT THE WIDENING OF EAST VIOLET AVENUE.

STAFF DID INDICATE THAT COMPLIANCE WITH THE THIRD FLOOR PLAN DEDICATION'S WAS COMPLIED WITH AS PART OF THE SUBDIVISION PLAN PRIOR TO THE CHANGE.

THE CURRENT THIRD FLOOR PLAN PREVIOUS PLANS HAD A LESSER RIGHT AWAY DEDICATION.

THEY WERE COMPLIANT WITH NEWER DEVELOPMENTS THAT COMPLY WITH THE REQUIRED DEDICATION'S.

THE STAFF FOLLOWING DISCUSSION OF THE ITEM, THE BOARD UNANIMOUSLY VOTED TO APPROVE THE SUBDIVISION AND REVISED PRELIMINARY FORM AND RECOMMENDED APPROVAL OF THE REQUESTED VARIANCE TO ALLOW A TEN FOOT RIGHT AWAY DEDICATION ON NORTH MCCOLL AND EAST VIOLET.

THERE WERE SIX MEMBERS PRESENT, FIVE VOTED ONE ABSTENTION STAFF FROM THE VARIANCE DEPARTMENTS REVIEWING SUBDIVISIONS.

I RECOMMENDED THE COMPLIANCE WITH THE RIGHT AWAY DEDICATION, WHICH WOULD BE OPTION NUMBER THREE.

WE HAVE SOME DEDICATION'S TWENTY FEET.

SOME TEN, YES.

PRIOR TO NINETY EIGHT, THE THIRD FLOOR PLAN FOR MCCOLL HAD A HUNDRED FOOT RIGHT AWAY.

SO THE DEVELOPMENT THAT OCCURRED AT THAT TIME PROVIDED THE TEN FEET AFTER NINETY EIGHT WHEN THE RIGHT AWAY INCREASED ONE HUNDRED AND TWENTY ON THE COMPREHENSIVE PLAN DEVELOPMENTS COMPLIED WITH THE TWENTY FOOT DEDICATION.

AND I THINK WE'VE, WE'VE BEEN MEETING WITH THE DIFFERENT MUNICIPALITIES AND I'M TALKING ABOUT OUR [INAUDIBLE] REGARDING THE ISSUES ABOUT VARIANCES AND THE ISSUES THAT THE PROBLEMS ARE GRANTING TOO MANY OF VARIANCE CAUSES.

[00:20:03]

WE HAVE TO BE CAREFUL.

I THINK ONE OF THE THINGS WE'RE TRYING TO DO WITHIN THE FOUR MAJOR CITIES AND HOPEFULLY THE REST OF THE OTHER EIGHTEEN CITIES IS TO GET A LITTLE TOUGHER ON VARIANCES FOR THE PURPOSES OF ORDERLY DEVELOPMENT OF THE CITY, ESPECIALLY WHEN WE GET INTO THE ISSUES OF DRAINAGE OR FLOODING AND EVERYTHING.

SO, OF COURSE, IT'S GOING TO BE UP TO THE COUNCIL.

THEY'LL PLAY A LOT TO THE NEW SUBDIVISIONS.

THIS ONE IN PARTICULAR.

I THINK THAT ALIGNS BECAUSE THERE WERE ALREADY SOME DEDICATION OF TEN FEET.

RIGHT.

SO THIS ONE I MEAN, IT WOULDN'T IT WOULD NOT HURT ANYTHING IN THE CHARACTER OF THAT ZONE BECAUSE IT'S ALREADY HAD TO THIS.

AND THEN WE'D BE WE'D HAVE TO AND THIS IS ON MCCOLL AND WHERE? THIS IS THE OLD RED BARBECUE RED BARN ON OUR END.

AND IT'S PRETTY LIMITED.

AND THE OTHER SUBDIVISION, WHICH IS THE LARGE, WHAT DO YOU CALL IT, A STRIP CENTER.

MM HMM.

THEY GAVE A TEN FOOT RIGHT AWAY, RIGHT? YEAH.

FROM FROM VIOLET NORTH TO DOVE.

IT'S A TEN FOOT.

OK, I SEE IT.

YEAH.

SO VIOLET NORTH, THAT'S WHEN IT STARTS WITH THE TEN FEET AND BECAUSE WHEN THEY DEVELOPED THAT WAS THE REQUIREMENT TO THE SOUTH AND OTHER AREAS THAT HAVE DEVELOPED ALONG MCCOLL ROAD, THERE IS TWENTY FOOT DEDICATION'S TO COMPLY WITH THE NEW.

ONE OF THE THINGS WE'RE ALWAYS LOOKING AT NOW IS RIGHT HAND TURNS THAT WAS THAT EFFECT.

YES, SIR.

BEING IT'S SECTION THE RIGHT TURN LANES CAN BECOME MORE CRITICAL.

AND THAT'S USUALLY ONE OF THE THINGS THE CITY IS LOOKING AT TRYING TO DO.

RIGHT.

AND THAT'S SOMETHING THAT IN THE LAST THREE OR FOUR YEARS, OUR CITY ENGINEERING DEPARTMENT HAS DONE.

AND I THINK I LIKE TO SAY EFFECTIVELY, EVEN THOUGH IT'S TEN FEET, YOU KNOW, HAVING A DEDICATED RIGHT TURN LANE, ESPECIALLY ON A THOROUGHFARE LIKE MCCOLL, WOULD CERTAINLY IMPROVE MOBILITY IN THE YEARS TO COME AS THAT PART OF TOWN BECOMES MORE DENSE AND OBVIOUSLY MORE CONGESTED.

AND I THINK THAT'S SOMETHING THAT'S VERY IMPORTANT FOR THE COMMISSION TO CONSIDER.

ABSOLUTELY.

BECAUSE ONE OF THE BIGGEST PROBLEMS, WE ALWAYS FIRST WE HAVE DRAINAGE AND THEN WE HAVE TRAFFIC CONGESTION RIGHT HAND TURNS HELP A LOT.

SO I MAKE A MOTION TO DENY THE VARIANCE REQUEST.

HOW MUCH FEET IS NEEDED FOR A RIGHT HAND TURN LANE? USUALLY THERE WOULD BE THE RIGHT, THERE ARE LIKE TEN TO TWELVE FEET, IN ADDITION TO THE WIDENING OF THE ROADWAY WITH A HUNDRED TWENTY FOOT RIGHT AWAY, MEDIANS ARE NOW BECOMING MORE COMMON IN SOME OF THE ROADWAYS TWO TRAVEL LANES A RIGHT TURN LANE.

SO TEN TO TWELVE FEET IS ELEVEN TO TWELVE FEET IS USUALLY THE MINIMUM THAT YOU WOULD LOOK FOR ON A RIGHT TURN LANE.

THAT SIDE OF MCCOLL THAT'S A FOUR LANE RIGHT? CURRENTLY, IT'S FOUR TRAVEL LANES WITH A [INAUDIBLE] IT HAS A TURN LANE.

IT HAS TO TURN LANE AND HAS TWO LANES ON EACH SIDE.

EAST AND WEST.

I MEAN, NORTH AND SOUTH, EXCUSE ME.

AND THE NARROW WAS THE NARROW-ANCE OF THE OF THIS CORNER MAKES IT DIFFICULT SO TAKING TWENTY FEET FROM THERE.

FROM FROM THERE USE IS CRITICAL BECAUSE IT'S NOT AS THAT STRIP CENTERS MUCH DEEPER.

THAT HAS A VERY NARROW CORNER.

AND WE TAKE INTO CONSIDERATION THE LANDOWNER, BUT ALSO THE FUTURE OF THE OF THE CONGESTION OR THE TRAVELER.

AND THEN WHAT ABOUT, I GUESS, THE PURPOSES OF LIKE THE SURROUNDING AREA SPEAKERS] LIKE THE I'M SORRY, A BIGGER ON THE CORNER, LIKE ALL AROUND.

BECAUSE HOW MUCH HOW MANY FEET DO YOU NEED TO DO THE RIGHT AWAY ON THAT CORNER? USUALLY FOR RIGHT TURN LANE THERE TWELVE, FOURTEEN FEET WIDE FOR THE RIGHT TURN LANE.

YEAH.

THEY'LL TRY TO ACCOMMODATE IT WITHIN WHATEVER RIGHT AWAY AVAILABLE IF ADDITIONAL RIGHT AWAY AS NEEDED.

OTHER CASES THEY'VE GONE BACK AND ACQUIRED SOME ADDITIONAL RIGHT AWAY.

SO IN THE SUBDIVISION PLAT, WE WOULD LOOK FOR THE DEDICATION TO COMPLY WITH THAT FUTURE IMPROVEMENTS.

YOU ALREADY HAVE A RIGHT TURN, LANE, ISN'T IT? THERE'S NOT A RIGHT TURN LANE THERE.

THERE'S A CENTER TURN LANE, THE CENTER, AND THEN TWO TRAVEL LANES NORTH AND SOUTH BECAUSE WE'RE LOOKING AT THE POSSIBILITY OR AT LEAST CONTEMPLATING WHAT ABOUT IF WE WERE TO EXTEND A CERTAIN PART JUST FOR AND I DON'T KNOW HOW MUCH AREA WE NEED FOR A RIGHT HAND LANE AND I GUESS REQUIRE TWENTY FEET IN A CERTAIN AREA AND THEN NOT THE OTHER

[00:25:03]

AREA.

BUT I DON'T KNOW HOW IT'S CALCULATED.

CALCULATE HOW MUCH THINK THAT'S A GOOD IDEA.

CALCULATE HOW MUCH YOU NEED FOR A DECELERATION TURN.

YEAH, THAT'S WHAT I WAS TRYING TO SAY.

WE CAN DO THAT UNDER THE CURRENT [INAUDIBLE] LENGTH ON NORTH SOUTH IS TWO HUNDRED AND TWENTY FIVE FEET.

SO OF THAT MOST OF THOSE ARE USUALLY THAT WOULD STAND TO BE CORRECTED WITH ENGINEERING, BUT USUALLY THERE ARE ABOUT TWO HUNDRED FIFTY THREE HUNDRED FEET, USUALLY THE RIGHT TURN LENGTH.

BUT WE CAN IF YOU LIKE WE CAN GO BACK AND EVALUATE THAT.

AND WHAT'S THE MINIMUM WE COULD POSSIBLY DO.

BECAUSE I, I MEAN WE, I UNDERSTAND THAT THE WAY IT WAS AND THE WAY IT IS NOW, BUT WE HAVE TO ALSO PLAN FOR THE FUTURE WITH OUR CONGESTION.

SO WHAT ABOUT AND IS IT NECESSARY TO DO IT RIGHT NOW? CAN WE TABLE IT, LOOK INTO THAT ISSUE? WE CAN TABLE THAT AND BRING SOME INFORMATION.

HOW MUCH WOULD IT TAKE? AND FOR PROVIDE THAT, HOW FAR BACK WOULD YOU WANT TO GO FROM THE INTERSECTION AND LOOK ALSO AT VIOLET AVENUE AT THE SAME TIME? FOR THE OTHER PARTS.

COMMISSIONER, WOULD YOU LIKE TO WITHDRAW YOUR MOTION? YES, I WITHDRAW MY MOTION AT THIS TIME.

DO I HEAR A MOTION TO TABLE? MOTION TO TABLE.

I'LL SECOND.

ALL IN FAVOR AYE.

ALL AGAINST MOTION CARRIES ITEM B B IS CONSIDERATION OF VARIANCE REQUESTS TO THE EXTENSION OF A QUARTER MILE COLLECTOR AT 4900 NORTH WARE ROAD.

THIS IS A PROPOSAL ONE LOT SUBDIVISION FOR MULTIFAMILY.

[B) Consideration of a variance request to the extension of the ¼ mile collector roadway (North 34th Street) at the proposed 4700 Ware Subdivision, Hidalgo County, Texas; 4900 North Ware Road.]

IT'S AT 4700 NORTH WARE ROAD, 4900 EXCUSE ME.

NORTH WARE ROAD.

IT CONSISTS OF NINE POINT THIRTY THREE ACRES AND IT IS ZONED FOR MULTIFAMILY DEVELOPMENT AS PART OF THE DEVELOPMENT ON THE EAST PORTION OF THE PROPERTY.

NORTH 31ST STREET IS A NORTH SOUTH COLLECTOR ROAD WAY REQUIRES [INAUDIBLE] RIGHT AWAY WITH FORTY FEET OF PAVEMENT.

IT EXISTS TO THE NORTH AND SOUTH WITH ACCESS TO BUDDY OWENS BOULEVARD AND DOVE AVENUE ON THE NORTH SIDE.

DEVELOPMENTS IN THIS AREA HAVE PROVIDED THE STREET WITH [INAUDIBLE] FOR FUTURE EXTENSION, WHICH WILL ALSO PROVIDE SECONDARY ACCESS FOR EXISTING DEVELOPMENTS.

THE PROJECT ENGINEER HAS SUBMITTED A VARIANCE REQUEST TO NOT PROVIDE FOR THE EXTENSION OF NORTH 34TH STREET.

THE BASIS FOR THAT IS THAT THERE'S EXISTING RESIDENTIAL DEVELOPMENTS TO THE NORTH AND SOUTH AND THE RESIDENCES ARE ASKING THAT THE ROADWAY NOT BE PROVIDED FOR FOR REASONS OF TRAFFIC GOING THROUGH THEIR SUBDIVISIONS.

THERE WAS ALSO A MEETING AT WHICH DISCUSSION DURING THE REZONING THERE WAS DISCUSSION ABOUT NOT PROVIDING THE ROADWAY.

THE PLANNING AND ZONING COMMISSION DID CONSIDER THE PLANNING, THE REVISED PRELIMINARY FORM AT THEIR MEETING OF JULY 8TH, 2021.

THIS DISCUSSION INCLUDED THE NEED FOR THE SECONDARY ACCESS FOR SURROUNDING SUBDIVISIONS, NO DEAD END STREETS AND TRAFFIC FLOW.

SEVERAL NEIGHBORS DID APPEAR IN SUPPORT OF THE VARIANCE REQUEST WOULD NOT REQUIRE THE EXTENSION OF 34TH STREET.

THEY DID NOT WANT TRAFFIC FLOW THROUGH THEIR SUBDIVISIONS FOR SAFETY AND PRIVACY CONCERNS FOLLOWING DISCUSSION.

THE BOARD UNANIMOUSLY VOTED TO APPROVE THE SUBDIVISION REVISED PRELIMINARY FORM, AND RECOMMEND APPROVAL OF THE REQUESTED VARIANCE TO NOT EXTEND NORTH 34TH STREET, SUBJECT TO PROVIDING ANY DRIVEWAY TO CONNECT BOTH ENDS FOR THE CITY SERVICES AND EMERGENCY ACCESS AND PROVIDING A TURNAROUND FOR VEHICLES ON BOTH ENDS.

THERE WERE FOUR MEMBERS PRESENT AND VOTING.

[INAUDIBLE] I MAKE A MOTION TO GRANT THE VARIANCE AS REQUESTED, SECOND.

ANY DISCUSSION, JUST A QUESTION, WHERE'S THE EGRESS ON THAT? THEY HAVE AN ACCESS AGREEMENT OR ACCESS UP TO WARE ROAD, SO THE PRIMARY ACCESS TO THE PROPERTY WOULD BE FROM WARE ROAD ITSELF.

IT'S NOT INCLUDED IN THE SUBDIVISION BOUNDARY.

ALSO, THEY HAVE AN ACCESS AGREEMENT.

THEY HAVE AN ACCESS AGREEMENT TO GO OUT TO WARE ROAD.

AND WHAT'S THE PROPOSED USE OF THE PROPERTY AGAIN? IT'S A MULTIFAMILY APARTMENTS.

SO IS THAT ACCESS AGREEMENT GOING TO BE SUFFICIENT FOR THAT.

THEY THE PLANS ARE FOR THEM TO DO THAT.

THEY HAVE SUBMITTED THE TRIP GENERATION THAT'S UNDER REVIEW CURRENTLY.

AND HOW MANY APARTMENTS ARE WE TALKING ABOUT? I BELIEVE IT'S TWO HUNDRED AND FORTY SOMEWHERE IN THAT NEIGHBORHOOD.

YEAH.

AND HOW IS TRAFFIC GOING TO GET AFFECTED WITH THOSE NEW APARTMENTS WITHOUT A THIRTY FOUR TO FORTY, WHATEVER IT IS? YEAH, THE THE PRIMARY ACCESS WILL BE OFF OF WARE ROAD.

IF THE ROADWAY 34TH STREET IS PROVIDED FOR, THEY WOULD DO AN EMERGENCY ACCESS WITH GATES SO THAT THE APARTMENT TRAFFIC DOES NOT GO INTO THE RESIDENTIAL NEIGHBORHOOD.

OK, THE WAY THE PLANNING AND ZONING COMMISSION RECOMMENDED APPROVAL OF IT, THERE WOULD BE TURNAROUND'S ON BOTH ENDS OF IT WITH A GATES WITH A CAR DRIVE THAT CONNECT IN CASE THERE'S A NEED FOR EMERGENCY ACCESS.

THAT WOULD BE THE SECONDARY ACCESS.

THE TURNAROUND'S PROVIDED ON BOTH ENDS WOULD BE BASICALLY FOR VEHICULAR TRAFFIC.

THE PUBLIC GOES IN THERE SOMETIMES THINKING THAT IT'S A CONTINUOUS ROADWAY AND THAT TURNAROUND WOULD PROVIDE THEM THE ABILITY TO TURN AROUND WITHOUT HAVING TO BACK UP.

MAYOR AND MEMBERS OF THE COMMISSION.

A SIMILAR SITUATION [INAUDIBLE] CAME AROUND ABOUT A YEAR OR TWO YEARS

[00:30:01]

AGO INVOLVING [INAUDIBLE] VILLAGE, WHICH IS AN APARTMENT UNIT COMPLEX ON THE NORTH BICENTENNIAL AND DOVE, IN THAT PARTICULAR INSTANCE, THERE WAS A REQUIREMENT TO HAVE FLAMINGO BASICALLY OPEN UP TO THE REAR OF THE PROPERTY.

THE VARIANCE REQUESTS WAS ALSO MADE BY THE DEVELOPER OR THE OWNER OF THE PROPERTY.

AND THE ONLY ACCESS TO THAT PARTICULAR DEVELOPMENT, WHICH I THINK IN SCALE MIGHT BE A LITTLE SMALLER THAN THE ONE PROPOSED HERE.

THE ONLY ACCESS IS TO DOVE THE REAR ACCESS IS OPEN ONLY FOR PUBLIC SAFETY FIRE WHERE THEY DO HAVE A SLIDING GATE, BUT YOU CAN'T DRIVE ON FLAMINGO AND THEN GO ONTO THE PROPERTY.

THE OTHER THING I WANT TO NOTE IS, YOU KNOW, [INAUDIBLE] 33RD STREET IS THAT EXTENSION OF THAT QUARTER MILE COLLECTOR.

ONCE IT STARTS FROM BUDDY OWENS IT MAGICALLY TRANSFORMED TO 32ND STREET ONCE YOU PASS, THEN YOU PARK AND YOU CONTINUE NORTH TO ALL THE WAY TO FLAMINGO.

AND SO YOU BASICALLY HAVE ALMOST BACK TO BACK QUARTER MILE COLLECTORS, YOU KNOW, BETWEEN 33RD AND 34TH STREET.

AND IF YOU GO FROM 34TH STREET YOU GO ALL THE WAY FROM [INAUDIBLE] SOUTH CROSSING DOVE CROSSING BUDDY OWENS CROSSING NOLANA AND EVENTUALLY IT T'S INTO DAFFODIL.

SO IN FACT I THINK YOU KNOW YOU ALREADY HAVE YOUR [INAUDIBLE] COLLECTOR WHERE YOUR JUNCTION REALLY IS RIGHT UP BUDDY OWENS AND 34TH [INAUDIBLE] ANY OTHER COMMENTS? THE ONLY ACCESS TO THAT IS THROUGH 34TH STREET FOR THIS DEVELOPMENT, THE PRIMARY REXES, HE VERA RESIDENTS IN THE APARTMENT COMPLEX.

YOU'LL BE ENTERING AND EXITING OUT FROM WARE RD IN THE FRONT THE ACCESS ON 34TH STREET, THE TURNAROUND'S ON THE NORTH AND SOUTH END.

THOSE WOULD BE GATED AND BE PRIMARILY ACCESSED FOR EMERGENCY VEHICLES AS REQUIRED FOR THEIR SECONDARY ACCESS.

SO THE TRAFFIC, THE PUBLIC WON'T BE TRAVELING ON TO 34TH STREET FROM THE APARTMENT COMPLEX AND EMERGENCY PURPOSES FOR, I GUESS, EMERGENCY FIRE DEPARTMENT POLICE.

AND THAT'S IT.

WHAT ABOUT THE REGULAR PEOPLE? SHOULD THERE BE SOMETHING THERE? AND THAT'S WHERE THE TURNAROUND COMES INTO PLAY.

THERE'LL BE A CIRCULAR TURN AROUND THAT WILL BE PROVIDED SO THAT IF I GO IN THERE THINKING THAT ROAD EXTENTS, I'LL BE ABLE TO TURN AROUND A SMALLER TYPE A CUL DE SAC.

BUT IT'LL GIVE ME THE PROBABILITY, YOU KNOW, THERE'LL BE AN ELECTRIC GATE, EVERYTHING NECESSARY WITH THE CODE TO THE PD, FIRE DEPARTMENT AND EVERYTHING THEY WOULD THEY WOULD BE IN COMPLIANCE WITH THE EMERGENCY REQUIREMENTS FOR THE FIRE DEPARTMENT AND THAT WOULD BE REVIEWED AS PART OF THE SITE PLAN.

WHERE'S THE ENTRANCE OF WARE RD? IT WOULD BE.

SO IF YOU'RE LOOKING AT THE SUBDIVISION PLANT, IT BE KIND OF IN THE MIDDLE OF THE PROPERTY, KIND OF IN THE BOTTOM PORTION.

IF THEY DON'T SHOW IT BECAUSE IT'S NOT PART OF THE SUBDIVISION, WHAT THEY HAVE IS AN ACCESS AGREEMENT THAT GIVES ACCESS FROM THIS PROPERTY TO WHERE WROTE.

SO IT'S NOT ACTUALLY WITHIN THE BOUNDARIES.

IT'LL BE THROUGH A SEPARATE DOCUMENT.

OK, AND THEY ALREADY HAVE THAT.

IT'S ALREADY RECORDED.

YES, IT'S ALREADY RECORDED, THOUGH.

THE DEVELOPER IS IN FAVOR OF THIS.

AND ALSO, I MEAN, I KNOW THAT THE RESIDENTS OF THAT SUBDIVISION TO THE SOUTH ARE IN FAVOR OF THIS, I WOULD IMAGINE.

YEAH.

SPEAKING WITH THE ENGINEER EARLIER AND BEFORE THEY'RE WILLING TO PROVIDE THE CUL DE SAC OR THE TURNAROUND'S AS REQUIRED ALONG WITH THE GATES.

AND THAT WOULD BE REVIEWED AS PART OF THE SITE REVIEW.

ANYTHING ELSE THERE BEING A MOTION A FIRST AND A SECOND DO I HAVE.

ALL IN FAVOR, AYE.

AGAINST.

OK.

ANYBODY AGAINST THE VARIANCE MOTION PASSES AND YOU ABSTAINED.

NO I ABSTAINED ON THE PREVIOUS, PREVIOUS ONE.

YEAH.

I VOTED WITH [INAUDIBLE] MANAGERS REPORT.

SO A IS REVIEW OF THE QUARTERLY INVESTMENT REPORT IN THE MARCH 31, 2021.

GOOD EVENING MAYOR.

CITY COMMISSION.

[7. MANAGER’S REPORT]

THE ITEM BEFORE YOU.

THE QUARTERLY INVESTMENT REPORT ENDING FOR MARCH 31ST, 2021.

[A) Review of the Quarterly Investment Report for the Quarter ending March 31, 2021.]

THE REPORT IS PREPARED IN ACCORDANCE WITH THE PUBLIC FUNDS INVESTMENT ACT, IN ACCORDANCE WITH THE CITY INVESTMENT POLICY.

THE REPORT WAS PRESENTED TO THE CITY SORRY TO THE INVESTMENT COMMITTEE.

INVESTMENT AUDIT COMMITTEE.

ON JULY 22ND, 2021, PAGE ONE OF THE REPORT SUMMARIZES THE CITY'S PORTFOLIO.

AS OF MARCH 31ST, 2021, TOTAL BOOK VALUE WAS 317 MILLION, WITH AN AVERAGE YIELD OF FORTY FIVE BASIS POINTS IF THERE ARE NO QUESTIONS STAFF DOES RECOMMENDED FOR APPROVAL.

MOTION TO ACCEPT THE REPORT.

SECOND.

ALL IN FAVOR.

AYE.

AGAINST MOTION PASSES.

ITEM B WE HAD A PUBLIC COMMENT FOR ITEM B, IMMIGRATION AND RESPITES REPORT [INAUDIBLE].

[B) Immigration and Respite Center Report.]

THANK YOU FOR THE OPPORTUNITY TO SPEAK ON THE IMPORTANCE OF THIS

[00:35:01]

IMMIGRATION AND RESPITE CENTER REPORT THAT YOU ARE GIVING, [INAUDIBLE] IS HOSTING IMMIGRATION AND BORDER SECURITY PANEL DISCUSSION ON MONDAY, AUGUST THE 16TH AT THE RADISSON AIRPORT HOTEL.

THE PUBLIC IS INVITED.

IT IS FREE.

IT IS ON THE CONSEQUENCES OF THIS BROKEN IMMIGRATION SYSTEM ON BORDER COMMUNITIES.

AND WE ARE HOPING TO GET TALK ABOUT THE PERCEPTIONS VERSUS THE REALITY.

WE HAVE AN OUTSTANDING PANEL OF FEDERAL, STATE, COUNTY, CITY AND LOCAL BUSINESS LEADERS.

OUR PANELISTS INCLUDE CONGRESSMAN HENRY CUELLAR, STATE SENATOR [INAUDIBLE] HINOJOSA HIDALGO JUDGE RICHARD CORTEZ, OUR OWN MCALLEN MAYOR JAVIER VILLALOBOS, MONICA STEWART WITH TIEBACK, IMMIGRATION AND BORDER SECURITY CHAIR SERGIO CONTRERAS, WHO IS RGV PARTNERSHIP SISTER NORMA PIMENTEL OF CATHOLIC CHARITIES, WHOSE REPORT YOU ARE GOING TO BE GETTING, AND MCALLEN POLICE CHIEF VICTOR RODRIGUEZ.

THIS IS SUCH AN IMPORTANT TOPIC AND IS INFECTING SO MANY OF US IN SO MANY WAYS AND WE ARE HOPING TO GET THIS INFORMATION OUT.

WE WILL BE PRESENTING IT LIVE ON OUR [INAUDIBLE] RGV FACEBOOK PAGE.

IT WILL ALSO BE BROADCAST LIVE ON [INAUDIBLE].

AND BY THE WAY, SERGIO SANCHEZ OF [INAUDIBLE] WILL BE THE MODERATOR AND OUR OWN MCALLEN CABLE NETWORK WILL AIR LIVE ON THE CABLE CHANNEL OF MCALLEN ON THEIR YOUTUBE VERSION.

SO WHAT WE WANT TO DO IS WE WANT THIS PANEL TO INFORM THE PUBLIC AND SUPPORT THE EFFORTS OF ALL OF OUR LEADERS TO FIND SOLUTIONS TO THESE IMMIGRATION AND BORDER SECURITY PROBLEMS. AND WE HOPE THAT YOU'LL EITHER COME AND LISTEN TO THE DISCUSSION OR TUNE IN TO OUR LIVE DISCUSSIONS AND GET THE INFORMATION FROM THE PEOPLE WHO REALLY ARE DEALING WITH THE PROBLEM AND ULTIMATELY HAVE TO SOLVE THE PROBLEM.

THANK YOU.

THANK YOU SO MUCH.

SO WE'VE GOT THE CITY MANAGER, JEFF JOHNSON, WITH OUR IMMIGRATION [INAUDIBLE] HONORABLE MAYOR COMMISSIONERS.

BACK ON JULY THE 26TH, WE REPORTED AN ALL TIME HIGH OF SEVEN THOUSAND EIGHT HUNDRED SEVENTY FOUR IMMIGRANTS THAT HAD BEEN DROPPED OFF BY CUSTOMS AND BORDER PROTECTION HERE IN THE CITY MCALLEN THAT PREVIOUS WEEK, WHICH WAS AN AVERAGE OF ONE THOUSAND ONE HUNDRED TWENTY FIVE PER DAY.

THIS LAST WEEK, WE HIT ANOTHER ALL TIME HIGH OF ELEVEN THOUSAND TWENTY SIX DROP OFFS FOR AN AVERAGE OF ABOUT ONE THOUSAND FIVE HUNDRED AND SEVENTY FIVE PER DAY.

WE HAVE NEVER SEEN NUMBERS THAT HIGH.

OUR ANTICIPATION IS A SIDE NOTE IS THAT WE MAY BE SLIGHTLY BELOW THAT THIS WEEK, BUT THE NUMBERS WILL REMAIN HIGH.

FROM WHAT WE'RE SEEING.

THE AVERAGE COVID POSITIVE DAILY RATE ALSO WENT UP FROM ABOUT ELEVEN POINT SEVEN PERCENT TWO WEEKS AGO TO ABOUT FOURTEEN POINT EIGHT PERCENT THIS LAST WEEK.

AND WE CONTINUE TO KEEP A CLOSE EYE ON THAT BECAUSE THAT NUMBER CONTINUES TO STEADILY INCREASE.

ON MONDAY, AUGUST THE 2ND, 2001, THE CITY OF MCALLEN HAD TO TAKE QUICK ACTION DUE TO THE INABILITY OF CATHOLIC CHARITIES OF THE RGV TO KEEP UP WITH THE MASSIVE INCREASE IN COVID POSITIVE IMMIGRANTS.

CITY STAFF QUICKLY WORK TO PLACE COVID POSITIVE IMMIGRANTS IN A TEMPORARY FACILITY NEAR THE INTERSECTION OF TWENTY THIRD AND THREE MILE LINE, WHILE SIMULTANEOUSLY LOOKING FOR A MORE APPROPRIATE AND MORE LONG TERM SITE FOR THOSE ACTIVITIES.

THE NEXT DAY, WE'RE ABLE TO SECURE A SITE AT [INAUDIBLE] PARK THROUGH THE COOPERATION OF BOTH HIDALGO COUNTY PRECINCT THREE COMMISSIONER AND THE HIDALGO COUNTY JUDGE THE IMMIGRANTS WERE MOVED TO THAT OPERATION SHORTLY THEREAFTER.

THAT SITE HAD 250 IMMIGRANTS ON SITE THE FIRST NIGHT AND CURRENTLY HOLDS JUST OVER ONE THOUSAND IMMIGRANTS IN TOTAL.

CATHOLIC CHARITIES CURRENTLY HAS NEARLY 2000 INDIVIDUALS IN QUARANTINE THROUGHOUT THE AREA, WITH THE UNDERSTANDING THAT NOT ALL OF THOSE INDIVIDUALS ARE NECESSARILY COVID POSITIVE.

OVER THIS LAST WEEKEND, THE TESTING FUNCTION, WHICH WAS TAKING PLACE ACROSS THE STREET FROM CATHOLIC CHARITIES, HAS ALSO MOVED OUT TO [INAUDIBLE] PARK.

THE CURRENT OPERATION AT THE PARK HAS A CAPACITY OF APPROXIMATELY 1200 INDIVIDUALS, AND THAT CAPACITY IS BEING INCREASED IN ANTICIPATION OF HIGHER NUMBERS.

WE DO STILL AWAIT NEWS ON TITLE 42 WITH THE UNDERSTANDING THAT ANY CHANGES ON THE FEDERAL LEVEL, THE TITLE 42 COULD HAVE DRAMATIC IMPACTS ON OUR NUMBERS HERE LOCALLY.

[00:40:02]

AND OF COURSE, WE CONTINUE TO WORK WITH FEMA, THE DEPARTMENT OF HOMELAND SECURITY, CDC, BORDER PATROL, IN RELATION TO THIS DYNAMIC SITUATION.

AS ALWAYS, HATS OFF TO CATHOLIC CHARITIES FOR THEIR TIRELESS WORK.

AND NO QUESTION WITH [INAUDIBLE] AND THE WORK THAT HAPPENED OUT THERE, A SPECIAL THANKS TO HIDALGO COUNTY, THE JUDGE'S OFFICE, THE SHERIFF'S DEPARTMENT, AND A WHOLE LIST OF DEPARTMENTS AT THE COUNTY THAT ASSISTED WITH THAT PROCESS, ALONG WITH THE CITY MISSION, SALVATION ARMY HERE IN MCALLEN, THE WORLD'S CENTRAL KITCHEN AND MULTIPLE CHURCHES THROUGHOUT THE AREA.

I'M HAPPY TO ANSWER ANY QUESTIONS IF I CAN.

HOW MANY IMMIGRANTS ARE YOU SEEING DAILY AT THE [INAUDIBLE] LOCATION? THE NUMBERS FOR THE LAST SEVERAL DAYS HAVE BEEN SOMEWHERE BETWEEN THIRTEEN HUNDRED AND FIFTEEN HUNDRED PER DAY.

[INAUDIBLE] WITH THE UNDERSTANDING THAT WE'VE NOW MOVED THE TESTING THERE.

SO THEY ARE ALL BEING TAKEN STRAIGHT THERE FROM THE BORDER PATROL.

THEY'RE NO LONGER BEING DELIVERED DIRECTLY TO DOWNTOWN MCALLEN.

THEY'RE ALL BEING DELIVERED STRAIGHT TO [INAUDIBLE] PARK FOR TESTING POSITIVE.

STAY THERE.

AND THEN THE NEGATIVES COME UP HERE TO THE CITY, MCALLEN TO THE RESPITE CENTER IN DOWNTOWN.

DO YOU HAVE WHAT THE OVERNIGHT NUMBERS ARE ON? BECAUSE I WOULD IMAGINE THAT'S MAYBE DURING THE DAY.

NO, BUT DO YOU HAVE LIKE AN OVERNIGHT STAY NUMBER? THE OVERNIGHT NUMBER FOR [INAUDIBLE] PARK IS RANGING ABOUT A THOUSAND FOR THE LAST COUPLE OF DAYS HERE.

IN TERMS OF THE NEGATIVES, THE NUMBER IS SOMEWHERE AROUND THE THIRTEEN HUNDRED TO 1500 RANGE.

I THINK YESTERDAY WE'RE BELOW A THOUSAND.

AND THOSE ARE SPREAD OUT OVER MULTIPLE SITES THAT CATHOLIC CHARITIES HAS ORGANIZED IN THE AREA.

AND THOSE ARE STILL STRICTLY POSITIVES [INAUDIBLE] CORRECT? CORRECT.

OK.

ALONG WITH ALONG WITH SOME NEGATIVES THAT ARE FAMILY UNITS THAT ARE STAYING THERE BECAUSE OTHER FAMILY MEMBERS THAT THEY HAVE TO QUARANTINE, THAT IT'S GOING TO YOU'RE GOING TO MAX OUT PRETTY QUICK, CORRECT.

YOU WOULD ASSUME AT SOME POINT WE'LL START TO REACH AN EQUILIBRIUM POINT WHERE THERE'S ENOUGH PEOPLE THAT ARE CYCLING OUT OF QUARANTINE TO OFFSET, BUT THAT ONLY WORKS IF THE NUMBER STAYS STEADY.

SO FAR, THE NUMBER CONTINUES TO INCREASE, BOTH IN TERMS OF IMMIGRATION, IMMIGRANTS COMING AND THE COVID POSITIVE RATE.

SO THAT NUMBER HASN'T LEVELED OFF YET AT THIS POINT.

I JUST WANT TO CLARIFY, MR. JOHNSON, SO OF THE THOUSAND IMMIGRANTS THAT ARE REACHING OUT OR WHEN IT DOES WORK PROPERLY THAT ARE STAYING AT THE SHELTER ON THE [INAUDIBLE] PARK, WHAT IS THE PERCENTAGE ARE ACTUALLY COVID POSITIVE? I DON'T HAVE THAT NUMBER, BUT I CAN.

I CAN.

BUT IT'S LESS THAN A THOUSAND.

RIGHT, BECAUSE YOU MENTIONED THAT EVEN IF THERE'S JUST ONE, LET'S SAY THERE'S A FAMILY UNIT OF FOUR AND ONE OF THE FOUR TESTS POSITIVE FOR SURE THAT THE ONE IS POSITIVE NEEDS TO QUARANTINE.

CORRECT.

AND THE 10 NOW FAMILIES BEING FAMILIES ARE PROBABLY WANT TO STICK TOGETHER.

SO THE ADDITIONAL THREE GO WITH THE ONE THAT'S POSITIVE.

AND I ASSUME THAT THE THREE ARE NEGATIVE.

CORRECT.

COVID, RIGHT.

SO THEN ALL OF THAT THAT FAMILY UNIT IS ARRIVING OR CALCULATING TO THAT FINAL NUMBER THAT YOU GAVE EARLIER ABOUT IF THAT'S CORRECT.

OK, I JUST DON'T WANT TO LEAVE THE IMPRESSION THAT YOU HAVE A THOUSAND COVID POSITIVE IMMIGRANTS AT THE PARK, RIGHT? THAT'S CORRECT.

THAT'S CORRECT.

AND SO WE'VE.

OK, SO IF IT IS A FAMILY OF FOUR GETS THERE, ONE OF THEM, THEY ALL STAY AT THE PARK, CORRECT.

CORRECT.

IF THEY CHOOSE TO DO THAT.

YES, MA'AM.

ON RARE OCCASIONS, AS I UNDERSTAND, SOME OF THE FAMILY UNIT WILL GO AHEAD AND TRAVEL TO THEIR FINAL DESTINATION, LEAVING THE ONE WHO'S POSITIVE BEHIND.

BUT GENERALLY SPEAKING, THEY WANT TO STAY TOGETHER.

SO FOR THE VAST MAJORITY OF THEM, STAY TOGETHER AS A GROUP REQUIRING ANY TYPE OF, UM, LIKE QUARANTINE OR ANYTHING LIKE ARE THEY ARE.

BECAUSE I KNOW WHEN THEY WERE AT THE AT THE RESTAURANTS AND OR OTHER AREAS, THEY WERE GOING OUT AND ABOUT.

ARE THEY LIKE STAYING AT WHITACRE? BECAUSE I KNOW I SAID WEST IS PRETTY FAR FROM ANYTHING NOW, BUT SO THAT WE WOULDN'T HAVE TO REQUIRE ANY TYPE OF TO THEY'RE STAYING THERE IN ACCORDANCE WITH THE CATHOLIC CHARITIES QUARANTINE PROCESS.

SO.

SO THEY'RE REMAINING THERE.

WE HAVE WE HAVE TOLD THEM THE PARK IS CLOSED.

THERE'S NO PLACE TO GO.

THEY NEED TO WAIT UNTIL THEY FINISH THEIR QUARANTINE PERIOD WHILE THEY'RE THERE.

BUT JUST TO MAKE CLEAR, THOUGH, EVEN THOUGH THAT HAPPENS, WE HAVE NO AUTHORITY TO DETAIN OR HOLD ANYBODY AND AT ALL.

CORRECT, BECAUSE THAT'S VERY IMPORTANT, BECAUSE WE HAD TO EVEN LAST WEEK, WE WHEN WE THERE WERE SOME ALLEGATIONS OF VIOLATIONS OF THE OPEN MEETINGS THAT BECAUSE WE TOOK AN EMERGENCY ACTION.

SO JUST TO MAKE SURE THAT WE CLARIFY WITH THE COMMUNITY THAT WE HAD A MEETING AND WE HAD IN THAT MEETING DISCUSSION REGARDING THE IMMIGRATION ISSUE, WE FOUND DOWN ABOUT 30 MINUTES BEFORE DURING OUR MEETING THAT THERE WAS SOME ISSUES WITH CATHOLIC CHARITIES AND WE TOOK AN EMERGENCY ACTION, NOT A NO.

IT WAS NOT AN EMERGENCY MEETING.

SO I'M JUST TRYING TO MAKE SURE THAT THE COMMUNITY.

AND THAT WE DID NOT HAVE AN EMERGENCY MEETING.

INSTEAD, IT WAS EMERGENCY ACTION, WE HAD TO JUMP.

[00:45:02]

WE HAD 30 MINUTES TO TO DECIDE BEFORE CATHOLIC CHARITIES WAS ABOUT TO RELEASE.

WE DON'T KNOW HOW MANY IMMIGRANTS INTO THE STREETS.

SO I JUST KIND OF WANT TO MAKE SURE WE CLARIFY THAT AND WHETHER THEY'RE RELEASED OR NOT AT THE VERY END, WE HAVE NO AUTHORITY TO HOLD OR DETAIN ANY ANY IMMIGRANTS.

SO EVEN IF THEY'RE PUT SOMEWHERE.

CATHOLIC CHARITIES HAS NO AUTHORITY TO DETAIN THEM, TO HOLD THEM, TO QUARANTINE THEM.

THEY'RE AT LIBERTY TO MOVE OUT WHENEVER THEY WANT TO.

HOWEVER, A COUPLE OF WEEKS AGO, WE HAD NO ISSUES REGARDING QUARANTINES HERE IN MCALLEN.

IT WAS NOT UNTIL ABOUT TWO WEEKS AGO WHERE THE NUMBERS STARTED GOING UP QUITE DRASTICALLY THAT WE STARTED HAVING THE ISSUES, CORRECT? THAT'S CORRECT.

LAST QUESTION AT OUR AIRPORT, YOU KNOW, IMMIGRANTS ARE ABLE TO FLY TO THEIR DESTINATION AND WHETHER THEY'RE POSITIVE OR NOT, I WOULD IMAGINE.

RIGHT.

I WOULD IMAGINE THAT'S TRUE IN THE SENSE THAT JUST LIKE THE GENERAL PUBLIC COVID POSITIVE OR NOT, YOU'RE ALLOWED TO TO USE AIR TRAVEL TO GET WHERE YOU NEED TO GO.

REALLY, THERE ISN'T ANY TESTING.

I MEAN, THERE'S THERE'S JUST NOT ANY TESTING BY THE FAA.

I MEAN.

CORRECT.

IT'S NOT A REQUIREMENT.

SO IT'S NOT GOING TO BE A REQUIREMENT.

YOU CAN'T MANDATE IT AT A CERTAIN AIRPORT VERSUS NOT ANOTHER.

SO.

CORRECT.

AND I DON'T WANT TO SPEAK FOR THE AIRPORT, BUT BY UNDERSTANDING THE AIRPORTS THROUGHOUT THE NATION DO REQUIRE MASKS FOR ALL PASSENGERS ON ALL AIRLINES.

IN ADDITION TO THAT, THEY'RE VERY CLEAR WITH PASSENGERS THAT IF THEY HAVE ANY SYMPTOMS AT ALL, THEY'RE NOT TO FLY.

SO.

ANYTHING ELSE? THANK YOU SO MUCH.

THANK YOU.

ADVISORY BOARD APPOINTMENTS.

YES, MAYOR AND CITY COMMISSION, THE ITEM BEFORE YOU ASK FOR ADVISORY BOARD APPOINTMENTS, MAYOR VILLALOBOS, YOU'VE MADE A NOMINATION TO CDBG [INAUDIBLE] COMMISSIONER

[C) Advisory Board Appointments.]

RAMIREZ TO BBOA CARLA TORRES AND TO SENIOR CITIZENS LAURA SALDAñA.

JUST A REMINDER THAT WE DO NEED TWO MORE APPOINTMENTS TO BBOA IN ORDER TO MAKE QUORUM.

WE DO HAVE AN APPOINTMENT NEEDED BY COMMISSIONER [INAUDIBLE] AND ALSO ONE AT LARGE BY EVERYBODY TO FILL THAT OK.

OK.

AND THEN JUST A REMINDER ALSO THAT FOR THOSE APPOINTMENTS, THE MEMBERSHIP NEEDS TO BE COMPOSED OF INDIVIDUALS WITH KNOWLEDGE AND EXPERIENCE IN THE TECHNICAL CODE SPEAKERS] WHERE HE'S AN ARCHITECT.

HE MEETS THE REQUIREMENTS AND HE CAN SERVE IN THAT BOARD.

OK, FOR WHICH BOARD.

BBOA.

AS THE ALTERNATE.

WE ALSO NEED AN ALTERNATE.

YES, BUT HE'S ALREADY IN PLANNING AND ZONING.

YES, SHE'S ABOUT TO EXPIRE ALREADY IN THE NEXT COUPLE OF MONTHS THOUGH.

[INAUDIBLE] BUT I THINK HE'S ALSO INTO THAT.

THESE LETTERS ARE SO SMALL.

[INAUDIBLE] FOR THE BUILDING BOARD OF ADJUSTMENTS.

OK.

SO WHICH WHICH IS AVAILABLE RIGHT NOW? I DON'T I THINK ALL OF MINES ARE STILL CURRENT.

THAT WOULD BE IT.

I DO HAVE AN OPENING FOR THE AIRPORT BOARD, COMMISSIONER HADDAD, AND THEN I'LL BRING THEN COMMISSIONER ZAMORA.

WILL BRING BACK THE ONE IN SEPTEMBER FOR THE AIRPORT BOARD.

I ACTUALLY HAVE ONE AVAILABLE IN AIRPORTS.

BECAUSE I BELIEVE [INAUDIBLE] REACHED OUT TO ME THAT HE DIDN'T WANT TO SERVE ANYMORE, YOU HAVE SOMEONE IN MIND.

OK, WELL, WE'LL DISCUSS THAT THEN, BECAUSE I HAVE VARIANCE PEOPLE THAT WANT TO SERVE.

SO WE'LL DISCUSS TO SEE WHICH ONE.

DO I HEAR A MOTION TO APPROVE THE NOMINATIONS.

SO MOVED.

SECOND.

ALL IN FAVOR, AYE.

ALL AGAINST.

MOTION PASSES, FUTURE AGENDA ITEMS. OH.

I WOULD LIKE TO DISCUSS WELL I TOLD YOU OF I WOULD LIKE TO ADD ANOTHER ADVISORY

[D) Future Agenda Items.]

[00:50:01]

BOARD PRETTY MUCH TO FOCUS INTO THE ACCESSIBILITY THAT THE CITY HAS WITH NOT ONLY WITH PEOPLE WITH SPECIAL NEEDS BUT ALSO FOR SPANISH.

I THINK I'VE BEEN UP HERE SEVERAL TIMES TRYING TO GET THE COMMUNICATION DEPARTMENT TO TRY TO HAVE MORE OUTREACH IN SPANISH, ALTHOUGH THAT'S BEEN DONE UNSUCCESSFULLY.

NOW, THERE'S NOT ONLY THAT, BUT AS WELL AS WHEN IT COMES TO OUR MEETINGS SIGN LANGUAGE.

AND WE HAVE NO WE DON'T PROVIDE ANY ACCESSIBILITY FOR PEOPLE, FOR PEOPLE THAT NEED IT SPANISH AND SPECIAL NEEDS.

SO I THINK WE NEED WE DO NEED AN ADVISORY BOARD THAT JUST FOCUSES ON THOSE ISSUES.

AND JUST BECAUSE I'M SURE I'M NOT THE ONLY ONE UP HERE THAT GETS THAT GETS CONTACTED BECAUSE WE'RE LACKING IN THAT AREA.

AND I BELIEVE LIKE WITH OUR CHANNEL, LIKE THERE'S NO SUBTITLES, THERE'S NO SUBTITLES, THERE'S NO COMMUNICATION IN SPANISH.

IT'S JUST I REALLY THINK THAT WE NEED TO WE NEED TO STEP IT UP WHEN IT COMES TO THAT.

AND THAT'S ANOTHER REASON WHY I WANT TO SEE IF WE CAN EVALUATE WITH OR WITH OUR ACCESS OF WITH WITH PEOPLE.

AND BECAUSE I KNOW I'VE HAD SOME SITUATIONS WHERE INDIVIDUALS SAY, I BELIEVE WE HAD MR. HE STOPPED COMING TO OUR MEETINGS, BUT EVENTUALLY BUT I THINK THAT HE WAS GETTING ON TO SOMEWHAT TO SOMETHING.

AND I'VE HAD A COUPLE OF PEOPLE THAT THEY'LL GO TO DIFFERENT DEPARTMENTS AND THEY CAN'T GET THE THEY CAN'T COMMUNICATE WITH OUR STAFF, ESPECIALLY IF IT'S IF THEY'RE HAVING ANY TYPE OF SPEECH IMPAIRMENTS OR EVEN IN THE SPANISH.

KIND OF LIKE WHEN WE TALKED ABOUT THREE ONE ONE, THERE WAS PEOPLE CALLING, CALLING TO MAKE COMPLAINTS AND THEY WERE THEY WOULD HANG UP ON THEM BECAUSE THEY COULD NOT SPEAK SPANISH.

SO I THINK THAT'S SOMETHING THAT WE REALLY, REALLY GUYS NEED TO AND I'VE SAID IT UP HERE MANY TIMES, BUT I GUESS MAYBE WE CAN DO IT LIKE AN ADVISORY BOARD TO MAKE OUR CITY MORE ACCESSIBLE.

I THINK THAT THAT'S SOMETHING THAT WE SHOULD REALLY CONSIDER.

AND IF WE CAN MAKE THAT ALSO LIKE INTO A WORKSHOP SO WE CAN START KIND OF LIKE SEEING WHERE THE DIFFERENT AREAS IN THE CITY WHERE WE NEED STEP IT UP.

ANYBODY ELSE.

I WANT GO THROUGH TO LOOK INTO IT.

I THINK WE NEED TO HAVE SOME A FEW MORE PROBABLY AD HOC COMMITTEES, YOU KNOW, I THINK THAT COULD BE A COMMITTEE THAT COULD LAST FOR SO LONG AND AND GET IT ACCOMPLISHED AND MOVE ON.

AND THERE'S OTHER COMMITTEES THAT WE COULD LOOK AT WHO TO BE MORE OF AN AD HOC COMMITTEE FOR A YEAR OR SO TO LOOK INTO IT.

THANK YOU, SIR.

TABLE ITEMS, FOOD TRUCK.

IS THERE A MOTION TO REMOVE FROM TABLE SO MOVED TO REMOVE.

SECOND,.

ALL IN FAVOR? AYE.

AGAINST? FOOD TRUCK ITEMS.

[8. TABLED ITEM(S)]

GOOD EVENING, MAYOR.

COMMISSIONERS, YOUR FAVORITE TOPIC IS BACK FOOD TRUCKS AND PROBABLY GETTING HUNGRY, READY FOR DINNER.

AS A REMINDER, WE WERE LOOKING AT THE DISTANCE FROM BRICK AND MORTAR

[A) Ordinance providing for ratification of June 28, 2021 amendment to food truck ordinance updating the minimum distance from a fixed-location restaurant.]

RESTAURANTS AND ALSO LOOKING AT HOW THE FOOD TRUCKS WOULD OPERATE IN A PLAZA.

SO THIS WENT TO ORDINANCE REVIEW TWICE SINCE IT'S COME BEFORE YOU AND WHAT WE WERE PROPOSING IN THIS ORDINANCE IS ALLOWING FOR A PUBLIC COMMENT PROVISION OR PUBLIC COMMENT PERIOD EXCUSE ME, WHEN FOOD TRUCKS SEEK TO OPERATE IN A PLAZA THAT WAY, ANYBODY IN THE PUBLIC AT ALL OR THE PLAZA OWNERS CAN EXPRESS THEIR CONCERNS AND THE CITY WOULD BE AWARE OF IT.

SOMETIMES THESE PERMITS, AS YOU KNOW, ARE APPLIED FOR AND THEN PROCESSED, BUT THERE'S NOT NECESSARILY NOTICE TO THE SURROUNDING AREA.

SO WE'RE INSTITUTING THAT NOTICE WITH THIS PROVISION AFTER THAT 14 DAY COMMENT PERIOD AND LISTENING TO THE OBJECTIONS THEN IF ANY OR SUPPORT STAFF WOULD STILL MAKE A DECISION.

THIS ALSO ADDS A PROVISION WHICH SAYS THAT FOOD VENDORS MUST COMPLY WITH ALL PRIVATE PROPERTY COVENANTS AND DEED RESTRICTIONS, OF COURSE, ARE ALREADY REQUIRED TO DO THAT PRIVATELY.

THIS JUST MAKES THAT PART OF THE ORDINANCE.

WHAT YOU WILL SEE IN YOUR POCKET IS AFTER THE SUBSTANTIVE ORDINANCE, THERE'S A SECTION THAT PROVIDES FOR A 30 DAY GRACE PERIOD.

THAT WAS WHEN WE WERE CHANGING THE DISTANCE REQUIREMENT.

I WOULD RECOMMEND THAT IF YOU DO ADOPT THIS, YOU DON'T HAVE A GRACE PERIOD BECAUSE THIS DOESN'T AFFECT ANYBODY IN ACTION NOW.

IT'S GOING TO BE PEOPLE WHO ARE APPLYING THE FUTURE, NEEDING TO GO THROUGH THAT COMMENT PERIOD.

SO I BELIEVE THAT'S THE RECOMMENDATION FROM ORDINANCE REVIEW.

AND I'M HAPPY TO ANSWER ANY QUESTIONS YOU MIGHT HAVE.

I HAVE A COUPLE OF QUESTIONS.

YES, MA'AM.

SO WITH THAT, THE PUBLIC COMMENT WITH THAT, BECAUSE ALREADY IN THE EXISTING ORDINANCE, IT ALREADY ASKED FOR THE PERMISSION FROM THE TENANTS OR THE PROPERTY OWNERS.

NOW, WOULD THAT BE AN ADDITIONAL OR WOULD WE JUST GET EITHER GET THE PERMIT,

[00:55:02]

I'M SORRY, GET THE PERMISSION IS IT EITHER/OR OR BOTH? IT'S BOTH.

SO THEY WOULD HAVE TO THE CITY WILL PROVIDE NOTICE AND THEN THE FOOD TRUCK APPLICANT WOULD THEN STILL NEED TO SUBMIT THE WRITTEN PERMISSION FROM THOSE PEOPLE.

WHAT WE'RE TRYING TO AVOID IS, I WOULD SAY DOUBLE DIPPING OR GOING TO TWO DIFFERENT PEOPLE AT THE SAME LOCATION.

WE NEED TO FIND THE ACTUAL REPRESENTATIVE OF THE BUSINESS TO MAKE SURE THAT THAT PERSON IS IN FAVOR OF OR AGAINST THE FOOD TRUCK.

SO THE PUBLIC COMMENT PERIOD WOULD THEN MAKE SURE THAT THE RIGHT PARTY IS GETTING NOTICE AND [INAUDIBLE] STILL REQUIRE A SIGNATURE.

I HAVE A QUESTION.

WHAT TRIGGERS THE 14 DAY? THAT THE TIME OF THE APPROVAL OR AT THE TIME THAT THE OPERATION BEGINS? SO ONCE THE APPLICATION IS SUBMITTED, THERE'S THE 14 DAY PERIOD IS TRIGGERED BY THE APPLICATION SUBMITTAL AND THEN STAFF WILL THEN SEND OUT AS PART OF THAT APPLICATION.

THE ONLY THING I WOULD CAUTION YOU ABOUT THAT IS, AN ESTABLISHMENT MIGHT NOT KNOW IT'S A PROBLEM UNTIL AFTER THEY GET STARTED.

EXACTLY RIGHT.

AND THAT'S THE SAME AS IT IS NOW, UNFORTUNATELY.

SO I GUESS WE'RE JUST TRYING TO PROVIDE NOTICE TO THEM.

BUT IT SEEMS TO ME THAT WE NEED MAYBE MORE DAYS SO THAT THE FOOD TRUCK BEGINS OPERATIONS AND PEOPLE IN THE PLAZA, LIKE WE HAD THIS TIME.

RIGHT.

ACTUALLY HAVE TIME TO KNOW THAT IT BECOMES A PROBLEM.

THAT'S SOMETHING THAT I WOULD SUGGEST.

I WOULD SUGGEST THAT ALSO.

WE WANT TO, YOU WANT TO BE UP FRONT WITH THE SITUATION BEFORE THEY GET STARTED.

SO I THINK WE WOULD NEED TO AMEND THAT.

BUT THIS IS A PRE APPLICATION BEING SUBMITTED.

SO THE FOOD TRUCKS ARE NOT ALLOWED TO OPERATE UNTIL THEY HAVE A PERMIT.

AND SO THIS IS BEFORE A PERMIT IS ISSUED.

IT ALLOWS FOR 14 DAY COMMENT PERIOD TO MAKE SURE THE PUBLIC HAS INPUT.

OF COURSE, WE CAN THEN ADD SOMETHING TO THE BACK END AS WELL, A SEPARATE PROVISION WHICH WOULD ALLOW FOR FURTHER INPUT.

IT JUST, AND MY WHOLE THING IS BECAUSE IF I LET'S SAY IF I'M A FOOD TRUCK PERSON, RIGHT? SO I GO AND I HAVE A PLAZA AND I GO AND ASK AND FOLLOW THE RULES AND I GET THE 50 PERCENT OF THE TENANT OR 50 PERCENT OF THE PROPERTY OWNERS TO APPROVE THE PERMIT, I MEAN, TO APPROVE THE LOCATION.

SO THEN FAST FORWARD, WHAT, FOR 14 DAYS LATER AND THEN I GET ONE OF THE THE TENANTS IN THE PLAZA TO NOT BE OK WITH IT, YET I ALREADY GOT FIFTY PERCENT OF THE APPROVAL.

SO WHAT WOULD BE THE SUPERSEDING? SO IT'S, OF COURSE PEOPLE CAN CHANGE THEIR MINDS, RIGHT? AND SO, IT'S WHAT WE'RE LOOKING AT IS HAVING A COMMENT PERIOD AT THE BEGINNING TO MAKE SURE THAT THERE'S AT LEAST AN INITIAL REVIEW BY THOSE PEOPLE IN THE PLAZA AND THAT WE'RE MAKING SURE THAT THE CORRECT PARTIES ARE NOTIFIED.

BUT WHAT WE'RE LOOKING AT AND MAYBE A SOLUTION WOULD BE BECAUSE I'M HEARING THAT WE WOULDN'T ALLOW THE FOOD TRUCKS TO OPERATE AND THEN STILL ALLOW FEEDBACK FROM THE PEOPLE ON THE PLAZA.

SO WHAT WE COULD DO IS SIMILAR TO, I DON'T KNOW, LIKE PLANNING AND ZONING, WHERE WE ISSUE A PRELIMINARY OR PROBATIONARY PERMIT FOR 90 DAYS.

SOMETHING ALONG THOSE LINES ALLOW THEM TO OPERATE.

AND THEN BASED ON ANY COMPLAINTS, KIND OF LIKE A CUP, 90 DAYS, 120 DAYS, AND THEN MAKE A FINAL DETERMINATION AND ISSUE A FINAL PERMIT FOR A LONGER PERIOD OF TIME.

BECAUSE I HONESTLY THINK THAT IT SHOULD BE A, BECAUSE I DON'T THINK THAT THEY SHOULD BE ALLOWED TO OPERATE BECAUSE IT'S AN INVESTMENT AND YOU HAVE TO LOOK AT IT THAT WAY.

SO, LIKE, IF I'M GONNA GO AND OPEN A FOOD TRUCK, THEN OBVIOUSLY I HAVE TO GO THROUGH THE INVESTMENT OF PURCHASING, YOU KNOW, EVERYTHING, TABLES, CHAIRS, THE FOOD TRUCK, A TRAP, ALL THAT KIND OF STUFF.

SO I'M GOING TO GO SO LET'S SAY I'M GOING TO GO AND APPLY FOR THE PERMIT.

I GET APPROVED AND THEN I GO THROUGH ALL THOSE EXPENSES TO BUY EVERYTHING THAT I NEED TO PREPARE MY FOOD TRUCK TO OPERATE.

SO THEN AFTER STARTING TO OPERATE 14 DAYS LATER, I, THERE MIGHT BE A POSSIBILITY THAT EVERYTHING THAT I INVESTED WOULD JUST GO DOWN THE DRAIN.

WELL, IT'S NOT A 14 DAY PERIOD THAT YOU'RE OPERATING.

YOU WOULDN'T BE ABLE TO OPERATE YOUR FOOD TRUCK UNTIL YOU GOT THE PERMIT.

SO THIS IS A COMMENT PERIOD.

SO THERE WOULD BE NO OPERATIONS IN THE 14 DAYS LATER.

PEOPLE CHANGE THEIR MIND.

THERE WOULD BE NO OPERATIONS BEFORE THEN.

AND AGAIN, THIS ONLY APPLIES TO A PLAZA SO THAT FOOD TRUCK COULD OPERATE ON PRIVATE PROPERTY WITH A SINGLE OWNER OR IT'S OWN PROPERTY, IT'S A FOOD TRUCK.

IT'S MOBILE.

AND THAT'S THE WHOLE POINT, IS THAT IT'S A MOBILE FOOD VENDOR ORDINANCE.

AND WHAT WE'RE SEEING AS PEOPLE WHO ARE NOT NECESSARILY MOBILE FOOD VENDORS, THEY'RE JUST SETTING UP STATIONERY SHOPS WITHOUT A BRICK AND MORTAR LOCATION.

AND SO DEFINITELY UNDERSTAND THAT THERE'S A LOT OF INVESTMENT ON BOTH SIDES.

AND I THINK THAT'S WHERE WE FIND OURSELVES AND WHY IT KEEPS COMING BACK TO COMMISSIONS, BECAUSE WE'RE TRYING TO BALANCE THOSE INTERESTS OF THOSE BRICK AND MORTAR RESTAURANTS WITH THESE MOBILE FOOD VENDORS.

SO COMPLETELY UNDERSTAND YOUR POINT.

AND I DON'T REALLY KNOW WHAT THE SOLUTION IS AT THIS TIME, EXCEPT FOR MAYBE DOING A PRELIMINARY OR PROVIDING.

I DON'T THINK THIS NOTICE PERIOD HURTS, I GUESS, IS WHAT I'M SAYING.

BUT I'M HEARING A LOT OF IDEAS TODAY, SO I'D MAYBE RECOMMEND WE ONCE AGAIN SHOOT THIS BACK DOWN.

MAYBE I CAN SCHEDULE A MEETING WITH YOU, COMMISSIONER RAMIREZ, TO GET YOUR INPUT ON THIS MATTER.

AND THEN WE CAN GO FROM THERE WITH A MORE THOROUGH DRAFT THAT WE JUST CANNOT TAILOR MAKE IT FOR SOMEBODY.

THAT'S EXACTLY.

OF COURSE.

OF COURSE THAT IS RIGHT.

[01:00:01]

BECAUSE I KIND OF WONDER IF I'M CORRECT THAT BECAUSE THAT'S KIND OF THE SAME THING I WAS THINKING ABOUT.

SOMEBODY GOES TO SPEND SO MUCH MONEY THEN LATER ON, OK, YOU KNOW WHAT? WE DON'T WANT YOU HERE AFTER ALL.

YOU RUN INTO ISSUES, BUT.

AND WHAT ABOUT THE DEED RESTRICTIONS THAT'S IN THERE, TOO? YES, SIR.

THAT'S JUST OF COURSE, THEY ALREADY HAVE TO ABIDE BY DEED RESTRICTIONS, BUT IT JUST ACKNOWLEDGES IT IN THE ORDINANCE MAKES IT A REQUIREMENT.

SO THAT WAY THE CITY CAN USE THAT AS A BASIS FOR REVOCATION.

SO, OK, SO ANOTHER.

INSTEAD OF USING IT AS A BASIS FOR REVOCATION, WHY DON'T WE MAKE IT AS A REQUIREMENT FOR THE APPLICATION THAT WE DON'T EVEN HAVE TO DEAL WITH IT? BUT THEN THEN HOW ARE YOU GOING TO CONTRADICT THE PEOPLE THAT AGREE, LET'S SAY, OK, YOU HAVE TO PLAZAS AND BOTH PLAZAS HAVE IT.

THAT'S THE THING, BECAUSE WE DON'T WANT TO TAILOR THIS JUST TO ONE PARTICULAR PERSON OR INDIVIDUALS, RIGHT? SO LET'S SAY WE HAVE TWO SEPARATE PLAZAS AND BOTH PLAZAS HAVE THE DEED RESTRICTIONS.

RIGHT? THEN THEY CAN'T HAVE IT.

CAN'T HAVE IT.

RIGHT.

SO THAT'S IT.

SO WE'LL LOOK AT EXACTLY BY INCLUDING THE ORDINANCE.

WE HAVE IT UP FRONT NOW AS WELL.

AND WE'LL HAVE TO REVIEW THOSE, BECAUSE I'M SAYING IF WE DO IT AS A REQUIREMENT, WE DON'T HAVE TO DEAL WITH IT IN THE FUTURE.

RIGHT.

SO INSTEAD OF.

BUT WHAT IF THE PEOPLE IN THE PLAZA DO AGREE TO THE FOOD TRUCK, BUT YET THE DEED DOESN'T ALLOW IT? I THINK YOU'RE GOING TO RUN INTO THAT PROBLEM, TOO.

THAT'S WHAT I'M SAYING.

IT'S THE SAME THING.

THE WAY I READ THIS, THE ORDINANCE AND THE MR. HADDAD AND ANYONE PRESENT, THE APPLICANT, THE NOTICE OF THE APPLICATION ONLY GOES TO THE PROPERTY OWNER OF THE PLAZA.

RIGHT.

SO THE TENANTS OF THE PLAZA ARE NOT EVEN PART OF THE EQUATION.

CORRECT? RIGHT.

BECAUSE THEIR VOICES WILL BE, IN OUR OPINION, EXPRESSED THROUGH THEIR LANDLORD.

THAT'S AN ISSUE BETWEEN TENANT AND LANDLORD, A PRIVATE PROPERTY DISPUTE.

AND THE TENANT CAN THEN TAKE THAT UP WITH THEIR LANDLORD.

AND WHO BETTER IS IN THE BEST POSITION TO 40 FEET OR RESTRICTIVE COVENANT ON THE PROPERTY OTHER THAN THE LANDLORD? WHO OWNS THE PROPERTY RIGHT NOW? BECAUSE I THINK WHEN WE HAVE THE CAVEAT ABOUT THE TENANT OR PROPERTY OWNERS, I THINK IT SHOULD JUST BE PROPERTY OWNERS, PERIOD, BECAUSE AT THE END OF THE DAY, IT'S NOT, IT'S CONFUSING BECAUSE THEN YOU WANT TO YOU WANT TO GET BOTH OR EACH, BUT JUST GET THE PROPERTY OR SOMETHING THAT WOULD BE SUFFICIENT.

I AGREE AND THIS DRAFT REMOVES TENANTS AND IT ADDRESSED THAT.

WE REMOVED THE TENANTS FROM THAT BECAUSE THAT WAS A POINT OF CONFUSION.

OK, YEAH.

BECAUSE WE HAVE MOST OF THE PROPERTY OWNERS AGREEING TO OVERRIDE THAT PROVISION ON THEIR DEED, THEN THAT'S OK.

CORRECT? ALL RIGHT.

NO, NO.

ALL RIGHT, THAT'S ONE.

OK, LET'S TAKE IT.

I MOVE TO TABLE.

SECOND.

ALL IN FAVOR? AYE.

AGAINST? MOTION CARRIES, THE ITEM'S TABLED.

THANK YOU.

ITEM B, YOUR MOTION TO THE TABLE ITEM B.

SO MOVED.

SECOND? SECOND.

ALL IN FAVOR? AYE.

AGAINST?

[B) Consideration of a variance request to not require the subdivision process at the 1.75-acre tract of land out of Lot 507, John H. Shary Subdivision, Hidalgo County, Texas; 11504 North Taylor Road.]

OK, THIS IS A REQUEST FOR A VARIANCE TO THE RIGHT-OF-WAY, EXCUSE ME, TO NOT SUBDIVIDE PROPERTY AND OBTAIN A BUILDING PERMIT.

IT'S A ONE POINT SEVENTY FIVE ACRE TRACT OF LAND LOCATED ON THE EAST SIDE OF THE TAYLOR ROAD.

MS. ELIZABETH PEREZ PURCHASED THE PROPERTY WITH THE EXISTING RESIDENCE IN OCTOBER OF 2019.

THERE ARE, THE HOUSE, ACCORDING TO THE APPRAISAL RECORDS, WAS BUILT APPROXIMATELY 1984.

THEY'RE WISHING TO DO AN ADDITION ON THE SOUTH SIDE OF THE PROPERTY.

WATER SERVICES ARE PROVIDED BY SHORELINE WATER SUPPLY CORPORATION AND THERE IS AN EXISTING SEPTIC TANK THAT SERVICES THE PROPERTY.

THE TRACT OF LAND IS DESCRIBED IN MEANS AND BOUNDS, AND IT WAS SPLIT WITHOUT THE BENEFIT OF SUBDIVISION.

NORTH TAYLOR ROAD, WHICH IS ON THE FRONT OF THE PROPERTY, IS A MINOR COLLECTOR ON THE THIRD FLOOR PLAN AND WOULD REQUIRE APPROXIMATELY 20 FOOT OF RIGHT-OF-WAY DEDICATION FOR A FUTURE 80 WITH 52FEET OF PAVING.

COLORADO AVENUE OR FIR AVENUE ON THE SOUTH SIDE IS AN EAST WEST QUARTER MILE STREET AND IT WOULD REQUIRE A 30 FOOT DEDICATION FROM THIS PROPERTY FOR A FUTURE 60 FOOT OF RIGHT-OF-WAY.

AT THE CITY COMMISSION MEETING OF JULY 26TH, THE ITEM WAS TABLED SO THAT STAFF COULD REACH OUT TO UNITED IRRIGATION DISTRICT.

WE DID HAVE THE OPPORTUNITY TO SPEAK WITH A REPRESENTATIVE REGARDING THE 60 FOOT CANAL RIGHT-OF-WAY.

THEY ARE CURRENTLY SERVICING PROPERTIES TO THE EAST AND TO THE NORTH, AND THEY HAVE NO PLANS TO ABANDON THE RIGHT AWAY AT THIS TIME AND WILL NOT DO SO AS LONG AS THE LINE IS ACTIVE.

STAFF HAS RECOMMENDED APPROVAL, DISAPPROVAL, EXCUSE ME, OF THE VARIANCE REQUEST AND RECOMMENDED OPTION THREE.

SHOULD THE VARIOUS BE APPROVED, IT SHOULD BE SUBJECT TO OPTION NUMBER TWO, WHICH IS TO INCLUDE RIGHT-OF-WAY DEDICATION, CONTRACTUAL AGREEMENT, COMPLIANCE WITH MPU REQUIREMENTS AND THE SIGNING OF A HOLD HARMLESS AGREEMENT.

WE DID SPEAK WITH MS. PEREZ EARLIER TODAY AND AT OTHER TIMES, AND SHE IS IN AGREEMENT TO DEDICATE THE RIGHT -OF-WAY FOR TAYLOR ROAD FOR A FUTURE 80.

IN TERMS OF COLORADO AVENUE ON THE SOUTH BOUNDARY INSTEAD OF THE 30, SHE IS IN AGREEMENT TO DEDICATE TEN ADDITIONAL FEET OF RIGHT-OF-WAY WITH THE IDEA THAT IN THE FUTURE,

[01:05:02]

WHEN THE CANAL RIGHT-OF-WAY IT'S NO LONGER NEEDED, THE BALANCE OF THAT RIGHT-OF-WAY WOULD BE DONE FOR THAT ROADWAY.

SO THAT, MS. PEREZ IS HERE IN CASE THERE'S ANY QUESTIONS REGARDING THE REQUEST.

SO MOVED FOR THE 10 FOOT EASEMENT ON THE SOUTH LAWN, BUT THE TOTAL EASEMENT REQUIRED FOR TAYLOR ROAD BECAUSE TAYLOR ROAD IS THE ONE THAT'S GOING TO BE EXPANDED.

THIS WAS NOT SUBDIVIDED.

NO, SIR.

IT WAS NOT [INAUDIBLE] BALANCE.

THE EXISTING RESIDENCE WAS BUILT IN THE MID 80S AND THEY PURCHASED IT AND WANT TO MAKE AN ADDITION TO THE SOUTH SIDE, WHICH IS WHERE THE EAST WEST COLLECTOR ROADWAY WOULD BE LOCATED.

AND THEY'RE WANTED TO STAY AS FAR AWAY FROM THAT ROADWAY WITH THEIR ADDITION.

ARE THE PROPERTY OWNERS OK WITH OPTION TWO? YES, THEY ARE AWARE OF THE CONTRACTUAL AGREEMENT.

THEY'RE AWARE OF THAT RIGHT-OF-WAY.

DEDICATIONS WITH A 10 FEET INSTEAD OF THE 30 ON COLORADO, THE HOLD HARMLESS AGREEMENT, SO THEY ARE IN AGREEMENT WITH THAT.

WERE WE TALKING ABOUT THIS THE LAST TIME WHERE THEY WOULD BE BUILDING VERY CLOSE TO WHERE A STREET COULD EVENTUALLY GO THROUGH? CORRECT.

BASED ON THE SURVEY AND THEIR HOUSES EXISTING SIXTY TWO FEET FROM THE PROPERTY LINE RIGHT NOW WITH THEIR ADDITION OF ABOUT 28, 29 FEET, THEY'RE PROPOSING AND THERE'S A 30 FOOT DEDICATION.

YOU'RE LOOKING AT MAYBE ABOUT A FIVE FOOT SET BACK FROM THE ADDITION TO THE RIGHT-OF-WAY.

IF IT'S A TEN FOOT DEDICATION, THEY'RE ESTIMATING THAT IT'D BE LIKE TWENTY, TWENTY FIVE FOOT SET BACK IN THERE.

THEY'RE OK WITH THAT.

THE REALITY OF THE COLORADO EXPANDING IN THE NEXT 10 TO 15 YEARS IS THAT THE LENGTH OF THAT TAYLOR WILL BE EXPANDED WITHOUT A DOUBT.

AND THEN BY THAT TIME, ALSO THERE'S A 60 FOOT RIGHT-O-WAY THAT THE UNITED IRRIGATION IS UNDER.

OK.

IT HAS.

SO AT THAT TIME, IF YOU WOULD HAVE EVEN NOTICED WHAT DEVELOPMENT IS THERE IS WHEN THERE WILL BE, YOU KNOW, ADJUSTMENTS, AND AT THAT TIME YOU CAN TAKE SOME OF THAT ROAD FROM UNITED IRRIGATION WHEN THE TIME COMES.

BUT THAT IS WAY IN THE FUTURE.

WAY IN THE FUTURE.

I WOULD SECOND.

COMMISSIONERS, I NEED A MOTION, WHICH I BELIEVE IS OPTION TWO WITH THE ADJUSTED RIGHT-OF-WAY AGREEMENTS THAT YOU MENTIONED.

THE 10 FOOT INSTEAD OF THE 30 ON COLORADO? YES.

OK.

AND THE OTHER DISCUSSION, COMMENTS? ALL IN FAVOR.

AYE.

AGAINST? NAY.

OK, MOTION PASSES.

OK, AND I ITEM NINE WE'LL RECESS INTO EXECUTIVE SESSION.

[9. EXECUTIVE SESSION, CHAPTER 551, TEXAS GOVERNMENT CODE, SECTION 551.071 (CONSULTATION WITH ATTORNEY), SECTION 551.072 (DELIBERATION REGARDING REAL PROPERTY), SECTION 551.074 (PERSONNEL MATTERS) AND SECTION 551.087 (ECONOMIC DEVELOPMENT).]

[01:27:36]

.

[01:37:43]

HEY, WE'RE BACK FROM EXECUTIVE SESSION AT THE TIME AT 6:56, COUNSELOR ITEM

[01:37:48]

A.

[01:37:49]

WHAT DO WE HAVE?

[01:37:50]

MAYOR, TONIGHT, MAY I RECOMMEND THE CITY COMMISSION ENTERTAIN THE

[01:37:52]

MOTION TO AUTHORIZE CITY ATTORNEY TO ENGAGE OUTSIDE COUNSEL TO FILE AN INTERVENTION ON BEHALF OF THE CITY IN THE GAS SECURITIZATION ACTION DESCRIBED IN EXECUTIVE SESSION, THAT MOTION TO

[A) Consultation with City Attorney regarding possible intervention in winter storm securitizatioin application. (Section 551.071, T.G.C.)]

APPROVE WAS RECOMMENDED.

SECOND, ALL IN FAVOR AGAINST MOTION CARRIES TO ITEM B.

MAYOR.

WITH RESPECT TO ITEM B, I RECOMMEND THE CITY COMMISSION AUTHORIZE CITY ATTORNEY CITY MANAGER TO PROCEED AS DESCRIBED IN EXECUTIVE SESSION.

SO MOVED.

SECOND.

[B) Discussion and possible lease, sale or purchase of real property; Tract 1. (Section 551.072, T.G.C.)]

ALL IN FAVOR? AYE.

AGAINST? MOTION PASSES.

ITEM C? MAYOR, AGAIN, WITH RESPECT TO ITEM C1, I RECOMMEND THE CITY COMMISSION ENTERTAIN A MOTION, AUTHORIZE CITY MANAGER, MAYOR AND CITY ATTORNEY TO PROCEED AS DESCRIBED IN EXECUTIVE SESSION.

[C) Consideration of Economic Development Matters. (Section 551.087, T.G.C.)]

SO MOVED.

SECOND.

MR. CITY ATTORNEY TO MAKE NOTE THAT COMMISSIONER AGUIRRE AND HADDAD RESPECTIVELY ABSTAINED TO SOME OF THOSE ITEMS. CORRECT.

WITH WITH RESPECT TO ITEM C1, COMMISSIONER HADDAD DID NOT PARTICIPATE IN THE EXECUTIVE SESSION AND HAS FILED AN AFFIDAVIT AND ABSTAINED FROM DELIBERATION ON THE MATTER.

AND ITEM D, THERE'S NO WAY I CAN.

8B? DID I SOMETHING? IT WAS MINE.

CORRECT, COMMISSIONER AGUIRRE.

WITH THE SAME ANNOUNCEMENT WITH RESPECT TO B1, WITH RESPECT TO YOU.

[D) Consultation with City Attorney regarding legal issues related to border immigration. (Section 551.071, T.G.C.)]

RIGHT.

AND NO ACTION ON ITEM D, CORRECT? ON, WELL ON ITEM C2, I RECOMMEND THE CITY COMMISSION AUTHORIZE CITY ATTORNEY AND CITY MANAGER TO PROCEED AS DESCRIBED IN EXECUTIVE SESSION.

SO MOVED.

AND, WE JUST NEED TO VOTE.

C2 WAS THE ECONOMIC AGREEMENT WITH 495.

WELL, OK.

ALL IN FAVOR? AYE.

AGAINST? MOTION CARRIES.

AND ITEM D? NO ACTION ON ITEM D, MAYOR.

OK, THERE BEING NO FURTHER BUSINESS.

THIS MEETING IS ADJOURNED.

REGULAR CITY COMMISSION MEETINGS ARE HELD ON THE SECOND AND FOURTH MONDAY OF EACH MONTH.

MEETINGS ARE REBROADCAST ON TUESDAYS, THURSDAYS AND SATURDAYS ON THE MCALLEN

[ADJOURNMENT]

[01:40:01]

CABLE NETWORK.

* This transcript was compiled from uncorrected Closed Captioning.