Oct 25, 2021 October 25, 2021 City Commission Regular Meeting

>> AGAINST? MOTION CARRIES. ITEM B.

>> AYE. [OVERLAPPING].

>> SIR, THIS IS A REZONING FROM R1 TO C1 AT 1101 HARVEY DRIVE.

THIS PROPERTY IS LOCATED ON THE SOUTH-SIDE OF HARVEY DRIVE APPROXIMATELY 280 FEET WEST OF NORTH 10TH.

THE APPLICANT IS REQUESTING TO RESOLVE PROPERTY TO C1 FOR AN OFFICE USE.

NO FEASIBILITY HAS BEEN SUBMITTED AS OF YET.

ADJACENT ZONING IS R1 IN ALL DIRECTIONS.

ADJACENT USERS INCLUDE SINGLE-FAMILY HOMES, A MEDICAL SPOT, AND A FAMILY DAUGHTER.

TRENDS FOR THIS AREA ARE SINGLE-FAMILY HOMES.

LIKEWISE, THE LAND USE PLAN DOES CALL FOR A SINGLE FAMILY USE IN THIS PROPERTY.

THE ITEM WAS HEARD AT THE OCTOBER 5TH PLANNING AND ZONING COMMISSION MEETING, WHERE THERE WERE THREE RESIDENTS IN OPPOSITION, AND THEY DID SUBMIT A PETITION.

P&Z UNANIMOUSLY RECOMMENDED DISAPPROVAL.

BECAUSE OF THE PETITION AS WELL AS THE NEGATIVE RECOMMENDATION, THIS ITEM DOES NEED A SUPER MAJORITY SHOULD IT WANT TO BE APPROVED, WE ARE RECOMMENDING DISAPPROVAL.

>> ANYBODY HERE FOR OR AGAINST THE ITEM?

>> [INAUDIBLE]

>> OKAY. ANYBODY ELSE FOR?

>> I AM AGAINST THE ITEM AS WELL.

>> OKAY. EXCELLENT.

>> IT SEEMS LIKE A SPORT ZONING IN THAT AREA, IT DOESN'T [OVERLAPPING].

>> IT'S RIGHT IN THE MIDDLE OF THE [OVERLAPPING].

>> YEAH. IT DOESN'T MAKE SENSE. I MOVE TO BE DISAPPROVED.

>> IS THERE A SECOND?

>> ALL AGAINST? MOTION CARRIES.

>> NEXT UP IS A REZONING FROM A0 TO R1 AT 8700 NORTH 29TH.

THIS PROPERTY IS LOCATED ON THE EAST SIDE OF NORTH 29TH, APPROXIMATELY 270 FEET SOUTH OF KILGORE.

ADJACENT ZONING IS A0 TO THE NORTH, SOUTH, AND EAST, AND R1 TO THE WEST.

[00:15:03]

SURROUNDING USERS ARE SINGLE-FAMILY HOMES, AS WELL AS SANCHEZ ELEMENTARY AND VACANT LAND.

APPLICANT IS PROPOSING R1 FOR A 28 LOT SINGLE-FAMILY HOMES SUBDIVISION CODING BARRIO ESTATES.

DEVELOPMENT TRENDS FOR THIS AREA ARE SINGLE-FAMILY HOMES.

THIS ITEM WAS HEARD AT THE OCTOBER 5TH PLANNING AND ZONING COMMISSION MEETING.

A NEIGHBOR DID SHOW UP MORE THAN ANYTHING CONCERNED WITH DRAINAGE, NOT SO MUCH OPPOSITION.

STAFF AS WELL AS P&Z EXPLAINED TO HER THAT THAT IS SOMETHING THAT IS COVERED THROUGH THE SUBDIVISION PROCESS, AND P&Z THEN UNANIMOUSLY RECOMMENDED APPROVAL. WE ARE RECOMMENDING APPROVAL.

>> ANYBODY FOR OR AGAINST THE ITEM?

>> MOTION TO APPROVE?

>> AGAINST? MOTION CARRIES. ITEM 3.

>> AYE [OVERLAPPING].

>> ITEM 3 WILL REMAIN TABLED.

>> TABLED, THANK YOU.

CONDITIONAL USE PERMITS.

>> SIR, THIS IS A REQUEST OF VICTOR SABASTIAN CADAD FOR A CONDITIONAL USE PERMIT OF ONE YEAR FOR A BAR AT 1200 WISCONSIN ROAD.

HIS PROPERTY IS LOCATED ON THE NORTHWEST CORNER OF 10TH OF WISCONSIN.

IT IS ZONE C3, ADJACENT ZONING IS C3 TO THE EAST AND SOUTH RATHER, R38 TO THE SOUTH AS WELL, AND THEN R1 TO THE WEST AND NORTH.

THE APPLICANT IS PROPOSING TO OPERATE A BAR MONDAY THROUGH SUNDAY FROM 5:00 P.M. TO 2:00 A.M. FROM A 9,800 SQUARE FOOT SPACE.

THE ITEM WAS HEARD AT THE OCTOBER 21ST PLANNING AND ZONING COMMISSION MEETING, WHERE THERE WERE SOME NEIGHBORS WHO SHOWED UP CONCERNED WITH NOISE.

THE DEVELOPER AND THE NEIGHBORS CAME TO AN AGREEMENT ON HOW TO ADDRESS THESE CONCERNS, BUT THERE WAS ALSO A NEIGHBOR CONCERNED WITH TRAFFIC AND DISORDERLY BEHAVIOR.

AFTER SOME DISCUSSION, P&Z UNANIMOUSLY DISAPPROVED WITH A FAVOR RECOMMENDATION.

WE ARE RECOMMENDING APPROVAL.

>> OBVIOUSLY, I'LL BE ABSTAINING.

>> SURE. ANYBODY FOR OR AGAINST THE ITEM? YES, MA'AM.

>> [INAUDIBLE] TO SPEAK AT THIS MEETING.

>> YES. LET HER COME UP.

>> HI, MY NAME IS [INAUDIBLE] AND I LIVE AT THE VILLA NORTHEAST SUBDIVISION.

I AM VERY CONCERNED.

MY CONCERN IS NOT JUST ABOUT NOISE BUT ABOUT SAFETY.

YOUR RESPONSIBILITY HERE IS TO MAKE SOME DECISIONS REGARDING THE SAFETY OF THE COMMUNITY.

THE PROPOSED BAR IS WITHIN FEET OF PABLO PEREZ ELEMENTARY [NOISE] MORRIS MIDDLE-SCHOOL, THE WALK AND BIKE TRAIL, AND MY HOME AND THE HOME OF THE OTHER RESIDENTS OF VILLA NORTHEAST SUBDIVISION.

THIS IS A TRIPLE WHAMMY FOR ME.

MY SON ATTENDS PABLO PEREZ ELEMENTARY AND HE HAS DOWN SYNDROME, A DISABILITY.

WE WALK FROM MY HOME TO THAT SCHOOL.

I RIDE THE BIKE FROM MY HOME TO THE BIKE TRAIL.

I'M GOING TO BE A MOVING TARGET FOR THESE ENCAPSULATED DRIVERS.

VERY DANGEROUS.

YOU HAVE THE WALKERS, THE JOGGERS, THE BICYCLISTS [BACKGROUND] THAT GO UP AND DOWN THAT AREA.

[BACKGROUND] THEN YOU HAVE PABLO PEREZ ELEMENTARY THAT HAS A SAFE AND SECURE PROGRAM [BACKGROUND] THAT GETS OUT AT 6:00 PM. ARE YOU AWARE OF THAT? [NOISE] THE BAR'S PROPOSED TO OPERATE FROM 5-2.

THEN YOU HAVE ALL OF THE MORRIS FOOTBALL PLAYERS, THE TENNIS PLAYERS, THE LITTLE SOCCER PLAYERS, THAT USE THAT FIELD.

THAT'S SIX, SEVEN, EIGHT O'CLOCK AT NIGHT. HOW DO I KNOW? BECAUSE I USED TO LIVE AT THE ENTRANCE OF [INAUDIBLE] SUBDIVISION RIGHT NEXT TO THE MORRIS FIELD.

ALCOHOL AND CHILDREN AND BICYCLISTS AND JOGGERS AND WALKERS DON'T MIX.

WHY ARE WE HERE CONSIDERING [NOISE] A BAR IN THIS AREA? I DON'T UNDERSTAND.

MONEY IS A BAD ADVISOR.

I CAN'T BELIEVE THAT A COMMISSIONER IS THE ONE THAT'S PROPOSING TO SET UP THIS BAR, FEET AWAY FROM HOME.

LITERALLY, YOU TURN AROUND AND THERE'S A BAR, [INAUDIBLE], AND THE HOMES.

[NOISE] WHAT ARE WE THINKING? IT'S ALL ABOUT MONEY AND POWER. IT'S NOT RIGHT.

WHAT IS IT GOING TO TAKE? IS IT GOING TO TAKE A BODY TO REALIZE THAT IT'S A MISTAKE? I REALLY HOPE NOT, BECAUSE I THINK THAT THE PROBABILITY OF THAT HAPPENING IS HIGH.

I WILL REMIND YOU THAT YOU HAVE A SONY ORDINANCE THAT STATES, "THE PROPERTY LINE OF THE LAND OF ANY OF THE ABOVE-MENTIONED BUSINESSES MUST BE AT LEAST 400 FEET FROM THE NEAREST RESIDENCE OR RESIDENTIALLY OWNED PROPERTY, CHURCH, SCHOOL, OR PUBLICLY OWNED PROPERTY, AND MUST BE DECIDED TO PREVENT DISRUPTIONS OF THE CHARACTER OF ADJACENT RESIDENTIAL AREAS, AND IT MUST NOT BE HEARD FROM WITHIN THE RESIDENTIAL AREA AFTER 10:00 PM." [NOISE] "THE ESTABLISHMENT IS WITHIN 400 FEET OF THE RESIDENTIAL AREA." I CAN GUARANTEE YOU THAT THE PRIVATE ENJOYMENT OF OUR PROPERTIES WILL ALSO BE DISRUPTED.

RECOMMENDATION; STAFF RECOMMENDS DISAPPROVAL OF

[00:20:01]

THE REQUEST BASED ON NON-COMPLIANCE WITH REQUIREMENT NUMBER 1.

DISTANCE OF SECTION 138-1184 OF THE SONY ORDINANCE.

I HOPE YOU'LL TAKE YOUR STAFF RECOMMENDATION.

>> WHAT IS YOUR NAME, FOR THE RECORD? ONE OF [BACKGROUND] THE COMMISSIONERS, [SPANISH].

THIS PROPOSED BAR'S IN MY BACKYARD AS WELL AS YOURS UP THERE, MY NEIGHBOR. HI, HOW ARE YOU? THE [NOISE] COMMISSIONER HERE, IT'S VERY PRECARIOUS THAT HE IS THE ONE THAT IS ASKING FOR THIS PERMIT CHANGE OR CONDITIONAL USE THAT HAS TO BE RENEWED YEAR AFTER A YEAR IF I'M CORRECT.

RIGHT NOW THAT BUILDING IS A SHELL.

IT'S GOING TO HOUSE, I BELIEVE YOU TOLD ME, WHAT WAS IT? SIX OR SEVEN BARS INCLUDING A ROOFTOP BAR? HIS IS NOT GOING TO BE A ROOFTOP BAR, IT'LL BE 1,900 SQUARE FEET.

HOWEVER, THERE IS GOING TO BE A ROOFTOP BAR IN WHICH THE DEVELOPER MADE ADAMANTLY CLEAR THAT IT'LL HAVE A KITCHEN.

BUT THESE WILL BE OPEN TILL TWO IN THE MORNING, AND WITH THE PERMITTED [NOISE], I BELIEVE, SPACE THAT THIS BAR IS GOING TO HAVE, IT'S GOING TO BE ABLE TO HOLD 140, 150 PEOPLE.

THIS IS ONE BAR OUT OF SIX OR SEVEN THAT ARE GOING TO BE IN THAT PLACE ONCE IT'S ZONED.

THIS IS TO SET PRECEDENTS AND OPEN THE FLOODGATES. HOW DO I KNOW? BECAUSE THEY'D BEEN PRE-RELEASED.

I GOT A LETTER IN THE MAIL ON FRIDAY THAT THE SECOND ZONING REQUEST IS MADE AND A HEARING IS GOING TO BE FOR NOVEMBER 2ND, FOR THIS SECOND BAR THAT'S COMING IN.

THESE WERE PRE-RELEASED WITH THE DEVELOPER'S IDEA THAT THEY WOULD BE A BAR, EVEN THOUGH THEY'RE OBVIOUSLY NOT ZONED TO BE ONE OR WE WOULDN'T BE HERE.

AGAIN, THE REASON WHY I GOT THE NOTICE, IS BECAUSE THIS IS IN MY BACKYARD.

PEOPLE FROM MY NEIGHBORHOOD CAME FROM THE OTHER SIDE ON DUKE WHERE THEY'RE NOT AFFECTED, AND THEY SAID THAT THE DEVELOPER REACHED OUT TO THEM AND THEY FEEL COMPETENT WITH THE BUSHES HE'S GOING TO PUT IN THE BACK, THE NOISE WILL BE FINE.

I AM CONCERNED, OF COURSE, ABOUT NOISE ONCE EVERYBODY IS IN THERE TILL 2:00 AM FOR SURE.

I'M DEFINITELY CONCERNED ABOUT THE PARKING AND THE TRAFFIC JAM IT'S GOING TO CAUSE IN AND OUT OF MY NEIGHBORHOOD, AND UP AND DOWN THE STREET FROM THE SCHOOL.

BUT I'M REALLY CONCERNED ABOUT MY HOME VALUES.

THERE WE PAY A HECK OF A LOT OF TAXES, WHICH I KNOW WILL CONTINUE TO GO UP.

BUT THE DESIRABILITY FOR RESALE FOR OTHER BUYERS IS GOING TO GO DOWN.

I HAVE NOT HAD ONE PERSON IN MY CAREER [NOISE] AS A BUYER ASK ME IF THEY COULD LIVE BEHIND A BAR OR A NIGHTCLUB.

BECAUSE LET'S BE CLEAR, HE'S ASKING FOR DELOREAN'S, WHICH IS LOCATED ON NOLANA AND 23RD TO BE MOVED UP THERE.

THE NEXT ONE FOR NOVEMBER 2ND IS ALSO ON NOLANA.

THERE'S A REASON WHY THESE ARE ALL ON NOLANA.

NEVER DID I THINK LIVING NORTH OF TRENTON WITH THE HIGH PROPERTY VALUES AND EXCLUSIVITY THAT THIS WOULD BE ALLOWED.

BECAUSE IT IS BEING TARGETED AND MARKETED FROM THE DEVELOPER'S WEBSITE OR SOCIAL MEDIA PAGES THAT THIS IS GOING TO BRING A NEW ATMOSPHERE TO NORTH MCALLEN, AND THIS IS GOING TO BE A HOSPITALITY NIGHTLIFE DISTRICT.

I DON'T NEED A BAR OR A CLUB IN MY BACKYARD.

I DON'T NEED DRUNK PEOPLE TURNING AROUND AND TRYING TO NAVIGATE THE TRAFFIC CIRCLE.

THAT MAKES NO SENSE.

OUR ENTRYWAY WAS DENIED GATES BACK BEFORE THE BACK ENTRANCE WAS OPENED BECAUSE EVERYBODY NEEDED TO BE IN COMPLIANCE.

ONE NEIGHBOR DIDN'T WANT IT.

THEY OPENED THIS UP TO AUBURN.

WE HAVE THREE ENTRANCES NOW, TWO OFF MAIN AND ONE OFF 10TH STREET.

WE NEED GATES MINIMALLY TO PROTECT US FROM THESE PEOPLE TRAVELING THROUGH OUR NEIGHBORHOOD INTOXICATED, THE SAFETY AND PROTECT OUR HOME VALUES.

THAT HASN'T BEEN PROPOSED BY THE DEVELOPER, OR BY ANYBODY ELSE THAT MAY BE, "LET'S GET TOGETHER AND TRY TO FIGURE OUT A COMPROMISE." I'M VERY CONCERNED ABOUT THIS.

I'M MORE CONCERNED THAT THE CONFLICT OF INTERESTS THAT EXIST AT THE PEOPLE I'M SITTING UP HERE IN FRONT OF BECAUSE THIS IS JUST THE BEGINNING OF THE END.

IF MACALLEN IS THE MOST DESIRABLE PLACE TO LIVE IN HIDALGO COUNTY, THAT WILL SOON CHANGE BECAUSE OF ENTITLED IDEAS LIKE THIS DEVELOPER, AND THOSE THAT TEND TO PUT BUSINESSES IN HIS PLACES. THANK YOU.

>> ANYBODY ELSE? [NOISE] WE HAVE THE ISSUE OF ACTUALLY THEY'RE NOTED BY SUBDIVISION.

I LIVE IN FULLERTON, WHICH IS WAY OVER THERE. COMMISSION?

>> CAN YOU GUYS PUT THE ZONING MAP AGAIN?

>> YEAH, I'M TRYING TO [OVERLAPPING] FIND [OVERLAPPING].

>> I DON'T FIND IT OVER HERE.

[OVERLAPPING] I THINK THERE'S A DITCH.

>> I THINK WE'RE GOING TO HEAR FROM THE APPLICANT.

>> YEAH, I THINK SO. WE SHOULD GET DOWN.

[INAUDIBLE] AS SHE STATED, THIS APPLICATION ITSELF IS FROM 1,900 SQUARE FEET WITHIN A 350,000 SQUARE FOOT DEVELOPMENT.

[00:25:01]

THE NOTICES THAT GO OUT, GO OUT FROM THE CORNERS OF AN EIGHT-ACRE TRACK.

REALLY DOOR-TO-DOOR IS SIGNIFICANTLY FARTHER THAN 400, 500, 600 FEET, 1,000 PLUS FEET IN MOST CASES TO THE HOMES AND AT LEAST THE ONES ON FULLERTON AND EVEN ON DUKE REALLY YOU HAVE THE SEPARATION BY A 200-FOOT CANAL.

I THINK MCALLEN WERE PRETTY ACCUSTOMED TO CANALS ON SECOND STREET, BICENTENNIAL, WHEREVER THEY MIGHT BE, THEY CREATE A PRETTY SIGNIFICANT BREAK BETWEEN THE THINGS ON BOTH SIDES.

WHETHER IT'S COMMERCIAL AND COMMERCIAL, OR RESIDENTIAL AND RESIDENTIAL.

THE REASON WE CHOSE TO MOVE UP NORTH STRATEGICALLY FROM A BUSINESS STANDPOINT, LAURENTS HAS BEEN OPERATING IN GOOD STANDING FOR 10 YEARS ON ILONA, WE THOUGHT A NEW PLAZA, SLIGHTLY UP NORTH, HIGHLY TRAFFICKED, WOULD BENEFIT FROM US BEING IN THERE AS WELL WITH THE SURROUNDING MIX

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

OF TENANTS AND WITH THE SURROUNDING MIX OF THE GROWTH THAT YOU START TO SEE OUT THERE.

THE OVERALL DEVELOPMENT BEING THE TWO REALLY IN TWO PHASES.

YOU'VE GOT PHASE 1 THAT'S ALREADY THERE BY THE DEVELOPER,

[2. CONSENT AGENDA]

WHICH IS TWO BUILDINGS ALREADY FULLY LEASED, AND NOW I GUESS THE SECOND PHASE, WHICH IS WHERE WE'D BE LOCATED, IS A PRETTY MASSIVE COMMERCIAL DEVELOPMENT ABOUT AS BIG AS A COMMERCIAL DEVELOPMENT GETS DOWN HERE.

THAT'S WHY INITIALLY RIGHT WITH THE DITCH, WE DIDN'T SEE ANY ISSUES APPLYING AND WOULDN'T HAVE THOUGHT WE WOULD HAVE HAD AS MUCH OPPOSITION.

IT OBVIOUSLY DOES MAKE US THINK ABOUT IT MORE AND WANT US TO WORK WITH THEM,

[3. BIDS/CONTRACTS]

[A) Award of Contract for Library Cafe Concessionaire.]

WHICH IS WHY I KNOW THE DEVELOPER HAS MET WITH SEVERAL PEOPLE FROM THE NEIGHBORHOOD.

THERE ARE SEVERAL PEOPLE FROM THE NEIGHBORHOOD THAT DID CALL ME.

I HAD DISCUSSIONS WITH THEM AS WELL, MANY THEM ON FULLERTON, SOME ON DUKE.

WE TALKED ABOUT THEIR CONCERNS AND WHAT THE EXPECTATIONS WERE.

I THINK A LOT OF THE CONCERNS ARE MORE AS A DEVELOPMENT AS A WHOLE, WHICH IS NOT WHAT I'M RESPONSIBLE FOR, WHICH IS NOT WHAT ME AND MY BUSINESS PARTNERS ARE RESPONSIBLE FOR.

THE LAURENTS HAS EXISTED LONG BEFORE.

I WAS PART OF THE COMMISSION, NOT TRYING TO CREATE ANY CONFLICT, AND I THINK MOST OF THE COMMISSIONERS ARE EITHER BUSINESS OWNERS OR BUSINESS PEOPLE.

[B) Award of Contract for Dove Avenue Widening.]

WE RECUSE OURSELVES AND MAKE SURE THAT WE APPLY AND FOLLOW THE PROCESS LIKE EVERYONE ELSE.

THIS IS NOT THE ROOFTOP ONE BECAUSE IT'S [OVERLAPPING] BECAUSE IT WASN'T CLOSED.

NO. THE DEVELOPMENT DOES HAVE WHAT IS DEEMED TO BE SOME TYPE OF ROOFTOP RESTAURANT, BAR.

BUT THIS IS NOT IT.

NO, THIS IS NOT IT, AND THAT'S ON THE EAST END CAT.

YOU CAN LIVE IN THERE, I GUESS MY CONCERN TOO IS I DON'T SEE ISSUES WITH FULLERTON BECAUSE YOU CAN'T GO IN THERE UNLESS YOU GO ALL THE WAY AROUND, SO NOBODY WOULD BE DOING THAT.

THE ONLY ISSUE IS ON THE TRAFFIC CIRCLE, WHICH IS WHERE [INAUDIBLE] IS.

BUT THEN AGAIN, BARS GENERALLY ARE GOING TO BE AFTER FIVE, SIX, OR THAT TYPE OF DEAL.

YEAH, I THINK ENTERTAINMENT OR HOSPITALITY OR RESTAURANT OUT THERE [OVERLAPPING] TRAFFIC PATTERNS ARE DIFFERENT FROM DURING THE DAYTIME.

THE CONCERN AND YOU KNOW IS ALWAYS NOISE.

ALWAYS, A LOT OF TIMES.

WHAT DO WE HAVE ABOUT THAT? WELL, AT LEAST THE LAURENT ITSELF IS A FULLY ENCAPSULATED BAR RIGHT NOW IT DOESN'T GET ANY NOISE COMPLAINTS AS FAR AS [INAUDIBLE] ITSELF.

THERE'S NO ROOFTOP, THERE'S NO OPENING REALLY TO IT.

IF YOU CAN GO TO THE EXISTING DOOR LAUREATES AND BASICALLY STAND BEHIND IT AND THAT'LL TELL YOU HOW MUCH NOISE IS GOING TO COME OUT OF IT.

REALLY NOT MUCH WHEN YOU'RE WITHIN FOUR WALLS.

WE'RE NOT TOO CONCERNED WITH THE NOISE ASPECT AS IT'S OPERATED IN ITS EXISTING SPOT FOR 10 YEARS.

IT'S BASICALLY 100 SQUARE FEET LESS IN THE NEW SPOT WITH THE OPENING OF THE DOORS FACING SOUTH, AND WE THOUGHT WE WOULD TAKE ADVANTAGE OF THE BUSINESS OPPORTUNITY TO MOVE IT A LITTLE BIT OF A REVIVAL.

WHAT'S ON THE CORNER OF 10TH AND [NOISE] LOWER TANGERINES. WHAT'S THAT ON THE CORNER? [OVERLAPPING] FULLERTON? YEAH.

CONES.

OH, THAT'S A CONE? CONE'S A HOME APPLIANCE.

OKAY.

I THINK TRAFFIC IS GOING TO BE AN ISSUE THAT OBVIOUSLY THE CITY CONTINUALLY ADDRESSES, BUT YOU SEE THERE'S A VACANT 20-ACRE TRACK THAT'S ON THE VERGE OF BEING DEVELOPED AS WELL, JUST ON THE SOUTH SIDE, THEY'RE LIKELY TO CREATE A LOT MORE TRAFFIC THAN AN 1800 SQUARE FOOT BAR IN THE WEEKEND EVENINGS.

ONE OF THE THINGS WHEN I FIRST GOT IN HERE WAS OPENING UP URBAN I SEE WE NEEDED IT, AND THE TRAFFIC IT'S GOING TO PICK UP, BUT IT'S ALSO GOING TO PICK UP.

I KNOW THERE'S A DEVELOPMENT OF ABOUT 60, 70 MILLION COMING IN.

P&Z DENIED WITH A FAVORABLE RECOMMENDATION.

WHAT ARE THE WISHES OF THE COMMISSION? ONE MORE QUESTION YOU'LL STILL RECAP EVERYTHING.

WHAT YOU PROPOSE IS IN THE DOWNSTAIRS AREA, IT'S NOT IN THE SECOND. [OVERLAPPING] AS FAR AS I KNOW, THE ENTIRE STRIP CENTER IS A SINGLE-STOREY EXCEPT FOR THE END CUT.

OKAY.

ON THE EAST SIDE. BUT THAT'S A QUESTION FOR THE DEVELOPER AND WELL.

BUT JURORS ESTABLISHMENT.

OURS IS PRETTY MUCH ALMOST DIRECTLY OFF-CENTERED IN THE CENTER OF THE BUILDING. [OVERLAPPING].

[00:30:02]

CENTER OF THE BUILDING.

IS A C3 SO IT'S A GENERAL BUSINESS WHICH ALLOWS BARS AND ENTERTAINMENT.

I SEE A BUFFER OVER THERE ON THE DRAINAGE AND THAT CREATES A GOOD BUFFER PLUS THE CONCRETE OR A FENCE THAT HAS TO BE BUILT.

[BACKGROUND] EXCUSE ME, MA'AM, YOU TALKED AT YOUR TIME AND IT'S MY TIME TO TALK, SORRY ABOUT THAT.

ONE SECOND PLEASE, I'LL LET YOU TALK MA'AM.

THAT CREATES A NATURAL BUFFER AND THE CREATION OF THE BUFFER IS GOING TO BE IN DOWNSTAIRS I WAS A LITTLE BIT CONCERNED ABOUT IF THERE WAS GOING TO BE AN UPSTAIRS AND AN OUTSIDE MUSIC VENUE BECAUSE THAT WILL CREATE NOISE.

I KNOW THAT FOR A FACT, I SIT IN THE PLANNING AND ZONING BOARD FOR 12 YEARS AND I SAW THESE THINGS EVERY SINGLE WEEK, SO I DON'T HAVE A PROBLEM WITH IT BECAUSE IT GETS OLD.

THE C3 THAT THERE'S A BUFFER WITH THE DRAINAGE IS A DOWNSTAIRS IS ENCLOSED IS NOT PROPOSED TO BE A PATIO AND MY MOTION WILL BE TO APPROVE.

MY ONLY CONCERN IS IF IT'S GOING TO BE A ROOFTOP, SO IT IS GOING TO BE A ROOFTOP? NO. THAT'S WHAT WE WERE DISCUSSING.

WHAT'S ACROSS THE STREET ON 10TH STREET. LIKE RIGHT ACROSS THE STREET.

BEST BUY, WALLBANGERS.

THE ESTABLISHMENT IS GOING TO BE IN THE LOOK IF YOU ALL PULL UP THE MAP.

I THINK IT'S WHERE THE PINK IS LIKE IN THE MIDDLE.

WHERE EXACTLY IS IT GOING TO BE ON THE MAP? [OVERLAPPING] I WOULD UNDERSTAND

[C) Award of Contract for 2021 Sidewalk & Bus Stop Improvements.]

WHAT THEY'RE SAYING IF IT'S ALL THE WAY AT THE END WHICH IS SUPER CLOSE TO YOU. [OVERLAPPING] SEE THE TWO YELLOW SQUARES IN THE FRONT OFF OF 10TH? YES.

THOSE TWO SQUARES RIGHT NOW ARE WHERE YOU HAVE THE CAPITAL TITLE KUMORI SPECTRUM.

THE TWO BUILDINGS THAT ARE TEED UP TO EACH OTHER? YEAH.

[D) Award of Contract for the purchase of Two (2) TYMCO Model 600 Regenerative Street Sweepers.]

YOU'VE GOT PASTELES NEGABI.

YOU HAVE RED OAT MEAT MARKET.

I THINK YOU'VE GOT THE JOINT CHIROPRACTIC, THE BIG PINK SQUARE, THERE'S GOING TO BE A BUILDING THAT'S PROBABLY ABOUT SEVEN OR EIGHT UNITS D THAT FACES THE SOUTH SIDE, AND I DON'T KNOW HOW BETTER TO DESCRIBE IT.

[NOISE] A RECTANGULAR STRIP CENTER WHERE ALL THE FRONT DOORS FACE THE SOUTH.

BASICALLY FACING THE COMMERCIAL DISTRICT.

THE BACK OF IT WILL FACE THE DITCH, AND THERE'S STILL SOME PARKING AND TRASH AND EVERYTHING BEHIND IT.

IT'S NOT AS IF THE DEVELOPMENT IS ALL THE WAY TO THE EDGE OF THE DITCH.

YOU STILL HAVE YOUR ACCESS ROADS.

THE PLAZA WOULD BE ON WISCONSIN.

IT'S DEFINITELY MORE ON WISCONSIN THAN 10TH.

[E) Award of Contract for the purchase of Two (2) New Current Model Motor Graders.]

BUT A LITTLE BIT RECESSED.

THERE'S ONE BUILDING THAT'S A TWO-STOREY OFFICE BUILDING, AND THEN BEHIND THAT IS THE STRIP CENTER THAT'S PROPOSED WITH MULTIPLE RESTAURANTS OR ENTERTAINMENT VENUES.

>> DO WE HAVE A MOTION?

>> YEAH. [OVERLAPPING] THERE HAVE BEEN.

>> I'LL SECOND HIS MOTION. [NOISE]

>> AGAINST? MOTION PASSES.

ITEM D. NEED A MOTION TO APPROVE THE ZONING ORDINANCE OF THE CITY OF MCALLEN.

>> I'LL MAKE A MOTION TO APPROVE.

WE HAVE CONSENTED AND THAT'S THE END OF THE PUBLIC HEARING.

CONSENT AGENDA.

[NOISE] DO WE HAVE ANY ITEMS THAT NEED TO BE REMOVED? IF NOT, DO I HEAR A MOTION TO APPROVE ITEMS A THROUGH F OF THE CONSENT AGENDA?

>> APPROVE.

>> SO MOVED. SECOND.

>> ALL IN FAVOR.

>> [OVERLAPPING] AYE.

>> AGAINST? THE MOTION CARRIES. ITEM 3.

>> 3A IS AWARD OF CONTRACT FOR THE LIBRARY, CAFE CONCESSIONAIRE.

>> GOOD EVENING MR. MAYOR, COMMISSIONERS, CITY MANAGER, THE LIBRARY IS ASKING FOR AN AWARD OF CONTRACT FOR THE HIGHEST BIDDER.

THE LIBRARY DID RECEIVE TWO BIDS.

[F) Consideration and Approval of Change Order No. 3 for the Public Works Administration Office Renovations Project.]

THOSE WERE SCORED ON A MATRIX, AND THE HIGHEST SCORE WAS BRED SMITH, AND SO I'M ASKING YOU TO AWARD IT TO BRED SMITH.

>> MOTION APPROVED.

>> DO I HAVE A SECOND?

>> THERE WAS TWO, I DON'T KNOW WHO WAS WHO?

>> OKAY. ALL IN FAVOR?

>> 3B IS AWARD OF CONTRACT FOR DOVE AVENUE WIDENING.

>> THANK YOU.

>> MAYOR AND COMMISSIONER, THE ITEM BEFORE YOU IS THE CONSIDERATION AWARD A CONTRACT FOR DOVE AVENUE WIDENING PROJECT FROM 23RD OF BICENTENNIAL.

[00:35:02]

THE PROJECT SCOPE INCLUDES A CONSTRUCTION FOR AN ADDITIONAL LANE ALONG THE NORTH RIGHT OF WAY OF DOVE AVENUE TO ACCOMMODATE A CONTINUOUS TUNNELING.

THE LOWEST RESPONSIBILITY WAS RBM CONTRACTORS, LLC OF EDCOUCH, ALSO THE TOTAL BID AMOUNT WAS 272,831.35.

STAFF RECOMMENDS AWARD OF THE CONTRACT TO THE LOWEST RESPONSIVE BIDDER, RBM CONTRACTORS LLC OF EDCOUCH,

[G) Consideration and Approval of an Interlocal Agreement with McAllen I.S.D. for Morris Park and approval to proceed with bidding improvements.]

ALSO IN THE TOTAL AMOUNT OF 272,831.35 WITH A CONTRACT TIME NOT TO EXCEED 90 DAYS.

I'LL OPEN IT UP FOR ANY QUESTIONS YOU MAY HAVE.

>> DO YOU HAVE ANY HISTORY WITH THIS CONTRACTOR?

>> WE HAVE ONE PROJECT THAT WE HAVE AWARDED THROUGH DRAINAGE FOR RBCM.

WE ARE FAMILIAR WITH THE SUPERINTENDENT WHO WAS TAKEN FROM ANOTHER CONTRACTOR.

WE THINK THAT IS SOMEONE THAT WE CAN DO BUSINESS WITH.

WE HAVE AWARDED A CONTRACT AND WE DO HAVE A RELATIONSHIP WITH THE PROJECT MANAGER.

>> WHEN WOULD IT START?

>> WE WOULD GIVE THEM MAYBE TO SIGN CONTRACTS THAT TAKES ABOUT TWO WEEKS AND THEN ABOUT 10 DAYS, A WATER NOTICE.

WE'RE PROBABLY LOOKING WITHIN THE MONTH OR 30 DAYS.

>> THE REASON WHY I'M MENTIONING THIS, WE'RE STARTING THIS PROJECT AT THE BUSIEST TIME WHICH WOULD BE DECEMBER I'D LIKE TO SAY.

>> YES, SIR.

>> THE ALL MONTH. THE WEATHER IS NOT VERY GOOD IN DECEMBER, JANUARY, EVEN FEBRUARY.

IT'S THE WIDENING OF A VERY IMPORTANT ARTERY.

IS THIS THE BEST TIME TO DO THAT? IS THE QUESTION.

BECAUSE OF THE PROBLEMS THAT WE HAD ON DOVE A LITTLE FURTHER EAST IN THAT DELAY IN SECOND STREET, I'M VERY LEERY OF THE FACT THAT YOU'RE SAYING 90 DAYS, BUT DO THEY HAVE THE CAPABILITIES OF GOING IN AND OUT IN THE 90 DAYS, AND THAT'S TO LOOK INTO THEIR CAPABILITIES, AND IS THIS THE RIGHT TIME TO DO IT? IN THE WINTER.

>> OBVIOUSLY, WITH THE HOLIDAYS COMING AROUND THERE IS INCREASED TRAFFIC.

POSTPONING THIS, WE COULD TAKE THAT TO THE CONTRACTOR, BUT WE THINK 90 DAYS, THERE'S NOT DRAINAGE INVOLVED WITH THIS.

THIS IS JUST A WIDENING OUT, WE DON'T THINK THAT THE INFRASTRUCTURE IS THAT INTENSE COMPARED TO MAYBE WHAT WE DID ON [INAUDIBLE] IN 33RD.

>> YOU GOT A GOOD POINT THERE. YOU ARE RIGHT.

>> THERE WILL BE SOME DISRUPTION IN TRAFFIC, NO DOUBT.

WE CAN MONITOR THAT AND WE CAN WORK WITH THE CONTRACTOR.

>> WILL IT BECOME TWO LANES, ONE LANE OR WHAT?

>> RIGHT NOW THAT WE DON'T HAVE A TRAFFIC CONTROL PLAN, THAT WOULD BE SOMETHING THAT THE PROJECT MANAGER WOULD WORK WITH THEM, BUT OBVIOUSLY, WE WOULD LIKE TO TRY TO KEEP TWO LANES OF TRAFFIC OPEN AT ALL TIMES. THAT WOULD BE THE GOAL.

[H) Consideration and Approval of Master Agreement for Aviation Marketing and Consultant Services at McAllen International Airport.]

>> REMIND US WHAT'S THE CROSS-SECTION RIGHT NOW?

>> AT THE INTERSECTION, IT IS FOUR LANES WITH A LEFT TURN LANE, BUT AS YOU HEAD FURTHER EAST TO BICENTENNIAL, IS JUST A FOUR LANE SECTION.

RIGHT NOW THERE'S NOT A CENTER TURN LANE.

SOMEONE WANTING TO TURN INTO WALMART OR AS WE DEVELOP THOSE OUT PARCELS, YOU'LL START CREATING MORE CONGESTION AS WE START DEVELOPING THOSE OUT PARCELS.

>> I THINK WE DEFINITELY NEED TO DO IT.

>> YES, SIR.

>> THAT WILL BE GOOD FOR THE AREA AND GOOD FOR THE TRAFFIC LAW.

I'M JUST QUESTIONING THE TIMING OF THE CHRISTMAS SEASON AND THE WEATHER IS NOT THAT GOOD.

[I) Consideration and Approval of Contract Amendment No. 4-2020 for the Terminal Roof Replacement at McAllen International Airport.]

NOT THE IDEAL TIME IN A MAJOR THOROUGHFARE TO DO CONSTRUCTION.

>> AGREED UPON.

>> THERE IS NEVER AN IDEAL TIME IN A MAJOR THOROUGHFARE.

>> THAT ONE GOT HIM [LAUGHTER].

>> NO. I DON'T KNOW.

>> [INAUDIBLE] THE COMMISSION.

>> MOTION APPROVED.

>> I'M TAKING IT.

I THINK WE NEED IT WITHOUT A DOUBT. WE'LL LOOK INTO IT.

>> AGAINST? THE MOTION CARRIES.

[4. ORDINANCES]

>> C IS AWARD CONTRACT FOR, I WON'T SAY 2021, I'LL JUST SAY SIDEWALK ON BUSINESS STOP IMPROVEMENTS BECAUSE THERE'S GOING TO BE SEVERAL PHASES.

>> I WILL MOVE TO APPROVE [INAUDIBLE].

>> DO I HEAR A SECOND?

>> ALL IN FAVOR.

>> AGAINST? THE MOTION CARRIES.

>> D IS AWARD OF CONTRACT FOR THE PURCHASE OF TWO TIME COAL MODEL

[A) Consideration and Possible Action declaring a vacancy and ordinance calling a Special Election for January 22, 2022 to fill an Unexpired Term for City Commissioner District 4. Consideración y posible acción para declarar una vacante y una ordenanza convocando una elección especial para el 22 de enero de 2022 para distrito uní-miembro 4, término inconcluso, para comisionado de la mesa directiva de la ciudad.]

600 STREET SWEEPERS. TIMCO?

>> YES. TIMCO, IT'S OKAY.

MAYORS AND THE COMMISSION, PUBLIC WORK IS SEEKING YOUR AUTHORIZATION TO PURCHASE TWO STREET SWEEPERS THROUGH A CO-OPERATIVE PRICING FROM TIMCO AND COMPANY OF WACO,

[00:40:02]

TEXAS AT A UNIT PRICE OF $278,041.50, FOR A TOTAL COST OF $556,083.

[C) Ordinance providing for a budget amendment for Fire Station #2 & Fire Station #3.]

THIS PURCHASE IS TO REPLACE TWO STREET SWEEPERS MEETING REPLACEMENT CRITERIA.

THE PURCHASE IS UNDER BUDGET BY $43,917.

STAFF RECOMMENDS APPROVAL.

>> AWESOME.

>> [OVERLAPPING] MOTION TO APPROVE.

>> [OVERLAPPING] AYE.

>> AWARD OF CONTRACT FOR TWO NEW CURRENT MOTOR GRADERS.

>> AGAIN, PUBLIC WORKS IS SEEKING OUT YOUR AUTHORIZATION TO AWARD A PURCHASE CONTRACT TO HALT CATERPILLAR OUT OF EDINBURGH, TEXAS FOR A PURCHASE OF TWO MOTOR GRADERS AT A UNIT PRICE OF $253,000 EACH FOR A TOTAL COST OF $506,000.

THIS IS A COOPERATIVE PURCHASE AS WELL THROUGH SOURCE WELL, WITH ONE MOTOR GRADER DELIVERY OF 30 DAYS AND THE OTHER ONE WITHIN 90-120 DAYS.

PURCHASE IS OVER BUDGET BY $6,000.

STAFF RECOMMENDS APPROVAL SUBJECT TO A BUDGET RECLASSIFICATION.

THERE IS A SAVINGS AND THE SAME LINE ITEM FOR THE PURCHASE OF A BROOM SWEEP WHERE WE CAN TAKE THAT OVER COST.

>> QUESTION.

>> SIX THOUSAND OVER BUDGET.

>> BUT WE CAN RECOUP IT FROM THE OTHER ONE THAT YOU SAID?

>> NO PROBLEM. MOVE TO APPROVE.

>> WHERE WILL THESE BE USED?

>> THEM MOTOR GRADERS?

>> WE USE THEM FOR STREETS AND ALLEYS.

EVERY STREET AND ALLEY PROJECT PRIMARILY NEEDS A MOTOR GRADER.

WE USE IT ALSO FOR EDGING, FOR DRAINAGE.

IT'LL HELP US CREATE SWALES ON THE SIDES OF THE STREETS AND ALLEYS TO HELP US.

>> IN WHAT DEPARTMENT?

>> OH, I'M SORRY. [LAUGHTER]

>> BECAUSE I'M TRYING TO FIGURE OUT SANITATION AND THEY USE SOME GRADERS.

> YES.

[5. RESOLUTIONS]

>> NO, IT'S USED IN.

[A) Resolution adopting the City's Drainage Policy.]

>> IT'S USED IN OUR STREET MAINTENANCE DEPARTMENT.

>> STREET MAINTENANCE.

>> YES. BUT WE USE IT FOR DRAINAGE TOO.

>> OKAY. VERY GOOD.

[LAUGHTER] THANK YOU.

>> F IS CONSIDERATION APPROVAL OF CHANGE ORDER NUMBER 3 FOR PUBLIC WORKS ADMIN OFFICE.

>> THE ITEM BEFORE YOU IS FOR A CHANGE ORDER NUMBER 3 FOR J PENA CONSTRUCTION TO PROVIDE AN INSTALL BOTH CEILING INSULATION THAT MEET THE CURRENT BUILDING CODES.

THE EXISTING ABOVE CEILING INSULATION INTENDED TO BE RE-USED WAS DISPOSED OF DUE TO POOR CONDITION AFTER ASBESTOS ABATEMENT AND WAS PERFORMED ON THE EACH FACTOR CANCELLATION.

THE PROPOSED CHANGE ORDER NUMBER 3 IS FOR $6,500 AND 10 CALENDAR DAYS.

DBR ENGINEERING CONSULTANTS AND STAFF RECOMMEND APPROVAL CHANGE ORDER NUMBER 3 FOR A CONTRACT DATE EXTENSION OF 10 DAYS AND AN INCREASED CONTRACT AMOUNT TOTAL OF 1,793,117 OR A CHANGE ORDER OF $6,500.

OPEN UP TO ANY QUESTIONS THE COMMISSION MAY HAVE.

>> [OVERLAPPING] I MOVE TO APPROVE TO THIS FORM.

>> DO I HAVE A SECOND?

G IS CONSIDERATION APPROVAL OF AN INNER LOCAL AGREEMENT WITH MCALLEN ISD FOR MORRIS PARK AND APPROVAL TO PROCEED WITH BIDDING IMPROVEMENTS.

>> GOOD AFTERNOON MAYOR AND COMMISSIONERS.

CITY OF MCALLEN PARKS & RECREATION DEPARTMENT IS LOOKING TO MAKE SOME IMPROVEMENTS THERE AT MORRIS PARK AND IS SEEKING APPROVAL FOR INTERLOCAL AGREEMENT.

HOWEVER, BACK ON FRIDAY LAST WEEK, MISD DID SUBMIT BACK THE MOU SUBMITTED BY THE CITY OF MCALLEN WITH SOME CHANGES THAT WERE REQUESTED ON THEIR BEHALF.

I DON'T KNOW IF WE MOVE FORWARD WITH THEM OR.

>> WHAT WERE THEY DOING?

>> IT WAS JUST THE LANGUAGE ON THE WORDING OF THE PRICING FOR THE PROJECT AND THEN NUMBER OF AMENITIES THAT THEY WANTED TO SEE IN THE CONTRACT SUCH AS PARK BENCHES, [NOISE] ACTUALLY LIGHTING, AND ALL THAT.

>> MAYOR AND COMMISSIONERS, WE'VE BEEN WORKING AT THIS AND I'LL USE THE WORD LOOSELY, DILIGENTLY FOR MONTHS.

I APPLAUD THE EFFORT BY MISD TO WORK WITH US ON THIS PROJECT.

IT'S BEEN A LONG TIME COMING.

WE REALLY ODMISD THIS PROJECT FOR MANY YEARS.

IN FACT, THERE WAS A PRIOR ADMINISTRATION THAT APPROVED THE MOU FOR THE INITIAL IMPROVEMENTS OF MORRIS.

WE'VE HAD MULTIPLE MEETINGS WITH A COMMITTEE THAT THEY HAD THAT INCLUDED OUR MAYOR.

THE AGREEMENT THAT WE HAD WAS THAT WE WERE GOING TO AGREE ON A SITE PLAN WHICH IS ATTACHED TO YOUR AGENDA.

I'M GOING TO TELL YOU THAT THEY WERE VERY HAPPY, AT LEAST THE COMMITTEE WAS.

THEY WERE VERY HAPPY WITH WHAT WE SHOWED THEM AFTER MANY ITERATIONS THAT WE MET WITH THEM.

WHAT THEY'RE ASKING US TO DO NOW IS TO PUT A DOLLAR AMOUNT OF WHAT WE'RE GOING TO SPEND.

IN ADDITION TO THAT, THAT WE ENUMERATE EVERY ELEMENT OF THE PROJECT.

[00:45:01]

I DO NOT RECOMMEND WE DO THAT.

WE AGREED ON A SITE PLAN.

I DON'T KNOW WHAT IT'S GOING TO COST.

OUR JOB IS TO GET YOU THE BEST PRICE POSSIBLE.

IF WE SAY 975,000 FOR INSTANCE AND IT COMES IN AT 600, I'M AFRAID THAT THEY'RE GOING TO WANT $375,000 MORE.

I'M PROBABLY WRONG ABOUT THAT.

BUT WHAT WE ASKED WAS THAT WE AGREE ON

[B) Resolution adopting the 2021 City of McAllen Tax Roll.]

A SITE PLAN WHICH THEY DID AND SO WE RECOMMEND THAT WE APPROVE IT AS IS.

>> I SECOND THAT. WELL, I'LL MAKE THAT MOTION AND YOU SECOND IT, OKAY?

>> OKAY.

[6. VARIANCES]

>> H IS CONSIDERATION AND APPROVAL OF THE MASTER AGREEMENT FOR AVIATION MARKETING AND CONSULTING SERVICES AT MCALLEN INTERNATIONAL AIRPORT.

[A) Consideration of a variance request to not require the subdivision process at the north 1-acre of the south two acres of the west ½ of the west ½ of Lot 131, Pride O’ Texas Subdivision, Hidalgo County, Texas; 11208 North Bentsen Road.]

>> THANK YOU.

>> GOOD EVENING, MAYOR, COMMISSIONERS.

STAFF RECOMMENDS APPROVAL OF THE MASTER CONTRACT AGREEMENT FOR AVIATION MARKETING AND CONSULTING SERVICES WITH POLITICS CUSTOMER FOR THIS AGREEMENT, IS A THREE-YEAR BASE TERM WITH AN ADDITIONAL TWO YEARS AND ONE-YEAR INCREMENT OPTIONS.

NON-COMPETE CLAUSE HAS BEEN ADDED TO THE MASTER CONTRACT AND STAFF RECOMMENDS APPROVAL.

>> MOTION TO APPROVE.

>> DO I HEAR A SECOND?

>> ALL IN FAVOR.

>> I IS CONSIDERATION AND APPROVAL OF A CONTRACT AMENDMENT NUMBER 4 FOR THE TERMINAL ROOF REPLACEMENT AT THE AIRPORT.

>> STAFF RECOMMENDS APPROVAL FOR THIS CONTRACT AMENDMENT NUMBER 4-2020 WITH KSE ENGINEERS FOR THE DESIGN, BUILDING, AND CONSTRUCTION MANAGEMENT SERVICES FOR THE TERMINAL ROOF REPLACEMENT IN THE AMOUNT OF $99,900.

>> SO MOVE.

AS YOU ALL KNOW, OUR COMMISSIONER FROM DISTRICT 4 ANNOUNCED THAT SHE WOULD BE RUNNING FOR COUNTY JUDGE AND PURSUANT TO THE TEXAS CONSTITUTION CREATES AN AUTOMATIC VACANCY.

>> THANK YOU.

>> THEN WE HAVE ITEM 4.

THE AUTOMATIC VACANCY REQUIRES THAT WE FILL THE POSITION WITHIN 120 DAYS OF THE VACANCY BY SPECIAL ELECTIONS.

WE HAVE ITEMS FOR 4A AND B AND I THINK WELL, WE NEED TO CHOOSE ONE.

I THINK MY UNDERSTANDING IS THAT THE SOONER THE BETTER.

IF SOMEBODY CAN HAVE MOVE TO APPROVE ITEM 4A.

>> MOTION TO APPROVE 4A.

>> ALL AGAINST? THE MOTION CARRIES. THANK YOU, BELLA.

>> 4C IS ORDINANCE PROVIDING FOR A BUDGET AMENDMENT FOR FIRE STATION NUMBER 2 AND FIRE STATION NUMBER 3.

>> GOOD EVENING, MAYOR, COMMISSION, CITY MANAGER.

THE ITEM BEFORE YOU IS REQUEST FOR A BUDGET AMENDMENT IN THE AMOUNT OF $84,230 FOR SOME WORK AT FIRE STATION NUMBER 2 AND STATION NUMBER 3.

THERE'S GOING TO BE REDESIGN OF THE HVAC SYSTEM, SOME REMEDIATION, SOME OVERSIGHT OF THE REMEDIATION AND CONSTRUCTION FOR THOSE TWO LOCATIONS.

WE'VE BEEN EXPERIENCING SOME EXCESS MOISTURE ISSUES IN THE ATTIC SPACE.

[NOISE] THE PROBLEM HAS GONE FROM STATION 2 TO STATION 3.

IT'S ESSENTIALLY DESIGNED EXACTLY THE SAME BUILDING BUT FOR TWO DIFFERENT LOCATIONS AND THE DESIGN ISSUE IS OCCURRING IN BOTH LOCATIONS.

AT THIS TIME, WE'RE REPLACING CEILING TILES ON A FAIRLY REGULAR BASIS.

WE WANT TO MAKE SURE IT DOESN'T TURN INTO SOMETHING WORSE DOWN THE ROAD.

>> WAS IT DESIGNED INADEQUATELY OR WHAT'S THE THOUGHT [NOISE] ON THAT?

>> WOULD YOU LIKE TO ANSWER THAT, SIR? [LAUGHTER]

>> [NOISE] WE HAVE FOUND SOME DEFICIENCIES ON BOTH BUILDINGS.

COMMISSIONER, I WOULD ADVISE THAT IF WE'RE GOING TO DISCUSS THAT THAT WE DISCUSS IT IN EXECUTIVE SESSION.

>> CAN I MAKE THE MOTION TO DO THE IMPROVEMENTS BEFORE THEY GET ANY WORSE.

>> DO YOU NEED TO TALK ABOUT IT? THERE BEING A PERSON IN A SECOND. FOR ALL IN FAVOR?

>> ALL AGAINST? MOTION CARRIES.

>> THANK YOU. [NOISE]

>> 5A IS A RESOLUTION ADOPTING THE CITY'S DRAINAGE POLICY.

>> MAYOR AND COMMISSIONER IN AN EFFORT TO STANDARDIZE DRAINAGE REQUIREMENTS IN THE COUNTY, THE CITIES OF MCALLEN, PHARR, EDINBURG, AND MISSION HAVE RECOMMENDED THE ADOPTION OF THE REQUIREMENTS TO STANDARDIZE DRAINAGE REQUIREMENTS IN THE FOUR CITIES.

THE EXISTING CITY DRAINAGE POLICY WAS RECOMMENDED AS A STANDARD FOR ADOPTION.

IN A CONCERTED EFFORT, THE CITIES HAVE AGREED TO WORK TOWARDS THE ADOPTION OF THESE STANDARDS BY OCTOBER 30TH, 2021.

THE CITY HAS ALREADY ADOPTED THIS POLICY.

THIS RESOLUTION IS JUST IN SUPPORT OF THIS POLICY.

STAFF RECOMMENDS APPROVAL OF THE RESOLUTION

[00:50:03]

ADOPTING THE DRAINAGE POLICY. DO YOU HAVE ANY QUESTIONS?

>> IF I MAY, A COUPLE OF MONTHS AGO WE STARTED MEETING WITH MAYORS OF EDINBURG, PHARR, AND MISSION REGARDING THE ISSUES WE HAVE WITH DRAINAGE.

A LOT OF THE TIMES, SOME OF THE ISSUES WE HAVE IS REALLY BECAUSE OF THE COUNTY AND EVERYBODY ELSE IS ADOPTING MCALLEN'S POLICIES WHICH CREATES MORE RETAINAGE AREAS WHICH ULTIMATELY HELPS THE COUNTY.

THAT'S WHAT WE'RE TRYING TO DO.

[B) Consideration of a variance request to the Right-of-Way dedication requirements for North 29th Street and Gumwood Avenue at the proposed Garcia Estates Subdivision, Hidalgo County, Texas; 2901 Gumwood Avenue.]

IT'S SOMETHING THAT I'M REAL HAPPY WE'RE ALL WORKING TOGETHER AND HOPEFULLY, WE CAN GET THE SMALLEST CITIES TO JOIN AND ULTIMATELY HAVE THE COUNTY ALSO, OF COURSE, EXPAND THE DRAINAGE, WIDEN IT UP, AND ALL THAT.

IT'S A PROCESS WE'RE DOING TO ASSIST EVERYBODY IN THE COUNTY.

>> LIKE YOU SAID, MAYOR, IT'S A REGIONAL PROBLEM AND A REGIONAL EFFORT AND IT'S GOOD THAT WE ARE GOING TO BE A LITTLE BIT MORE UNIFIED INTO THIS PROCESS.

I MAKE A MOTION TO APPROVE THE ISSUE.

>> COULD I KEEP SOME MORE DISCUSSION?

>> I THINK THE EFFORT OF REGIONALLY TRYING TO SOLVE THE PROBLEM IS THE WAY OF HANDLING THE SITUATION.

THE ADOPTION OF WHAT I READ THIS WEEKEND IS A LOT OF THINGS THAT YOU HANDLED INTERNALLY.

NOW THE WAY WE'VE HANDLED IT INTERNALLY IS WHAT THE OTHER CITIES ARE ADOPTING TO DO.

I'M ACTUALLY ASKING SOME OF THESE QUESTIONS ALSO.

[7. MANAGER’S REPORT]

I GUESS WE ALL GOT TOGETHER WITHIN THE CITIES, THE ENGINEERING,

[A) Re-Naming of Palm View Golf Course.]

AND CAME UP THAT THEY SHOULD ADOPT I GUESS WHAT MCALLEN HAS AS OUR WAY OF DEVELOPING OR CONTROLLING DRAINAGE.

[OVERLAPPING]

>> THAT'S CORRECT. MY UNDERSTANDING IS WE WERE APPROACHED BY THE CITY OF MISSION.

WE WERE RECEPTIVE.

WE INCLUDED THE OTHER TWO CITIES.

I THINK ONE THING TO ALSO THINK ABOUT THIS POLICY, IT PUTS US IN A COMPETITIVE FOOTING WITH OTHER CITIES BECAUSE IF EVERYBODY IS REQUIRING THE SAME DRAINAGE, THEN SOME GREEN SPACE IS BEING TAKEN UP FROM THOSE CITIES THAT NORMALLY HADN'T BEEN DUE TO THEIR LACK OF DRAINAGE POLICIES.

IT PUTS US ALL IN THE SAME COMPETITIVE ENVIRONMENT WHEN WE'RE LOOKING AT DEVELOPMENT.

IT'S ACTUALLY A VERY POSITIVE THING FOR THE CITY OF MCALLEN.

>> YOU HAVE TO REALLY APPLAUD THOSE CITIES AND THEIR MAYORS AND THEIR COMMISSION FOR DOING THIS BECAUSE THEY BASICALLY SAID WE WANT TO MIRROR WHAT MCALLEN ALREADY DOES. KUDOS TO THEM.

>> I'LL SECOND THE MOTION.

>> AGAINST? MOTION PASSES.

>> AYE [OVERLAPPING].

5B IS RESOLUTION ADOPTING THE 2021 CITY OF MCALLEN TAX ROLL.

>> IS THERE A MOTION TO APPROVE?

>> MOTION TO APPROVE.

>> THAT'S GOOD.

>> ALL IN FAVOR [OVERLAPPING], AGAINST, [OVERLAPPING] MOTION CARRIES. ITEM SIX.

>> 6A IS CONSIDERATION OF A VARIANCE TO NOT REQUIRE THE SUBDIVISION PROCESS AT 11208 NORTH BENTSON ROAD.

>> YES SIR. THIS PROPERTY IS LOCATED ON THE EAST SIDE OF NORTH BENSTEN, APPROXIMATELY 500 FEET NORTH OF MILE 7.

IT IS IN THE ETJ, AND SURROUNDING USES ARE SINGLE-FAMILY HOMES, AS WELL AS VACANT LAND.

THE PROPERTY OWNER PURCHASED THIS LAND IN AUGUST OF THIS YEAR AND IS PROPOSING TO CONSTRUCT A SINGLE-FAMILY HOME THAT WILL CONNECT TO SHARING THAT WATER AND HAVE A SEPTIC TANK.

THE APPLICANT IS REQUESTING THE VARIANCE BECAUSE A SURROUNDING PROPERTY OWNER ALSO RECEIVED ONE.

THERE IS NO HARDSHIP THAT IS BEING CITED.

THREE OPTIONS BEFORE YOU, WE ARE RECOMMENDING OPTION 3, WHICH IS DISAPPROVAL AND COMPLIANCE WITH STATE AND LOCAL CODES.

HOWEVER, SHOULD APPROVAL BE CONSIDERED, THEN WE DEFINITELY RECOMMEND OUR USUAL REQUIREMENTS THAT ARE OUTLINED IN OPTION 2.

THE PROPERTY OWNER IS HERE.

>> WHAT'S THE DEAL WITH THE SURROUNDING PROPERTIES?

>> THE PROPERTY ON THE NORTHEAST [NOISE] CORNER OF BENTSON 7 MILE RECEIVED A VARIANCE TO NOT SUB-DIVIDE BACK IN 2019, SO SHE WANTS THE SAME THING.

>> I'M IN FAVOR OF THE VARIANCE.

>> THEN STAFF IS RECOMMENDING APPROVAL, THAT'S WHAT IT LOOKS LIKE, RIGHT?

>> NO, WE'RE RECOMMENDING DISAPPROVAL.

>> IT SAYS MANAGERS' RECOMMENDATIONS OF PROOF STAFF'S RECOMMENDATION.

>> WHICH OUR STAFF RECOMMENDATION IS TO DISAPPROVE.

>> NO IT'S DISAPPROVAL ACCORDING TO [OVERLAPPING].

>> WEIRD WORDING BUT, YEAH.

>> OKAY.

>> OPTION 3 IS DISAPPROVALS TO THE VARIANCE.

>> ALL RIGHT.

>> [NOISE] [OVERLAPPING] WE ALWAYS GET IT.

>> WAS THAT A MOTION THAT YOU MADE, TONY?

>> MY MOTION IS SERVE THE VARIANCE.

>> WE'LL APPROVE THE VARIANCE? I'LL SECOND THAT.

>> WITH A CONTRACTUAL AGREEMENT?

[00:55:01]

>> [OVERLAPPING] WITH THE CONTRACTUAL AGREEMENT.

>> [OVERLAPPING] YOUR MOTION IS FOR OPTION 2?

>> NO.

>> I SEE.

>> I DON'T HAVE IT HERE.

>> TWO.

>> NOW IS THAT BASED ON THE HISTORY OF ANOTHER PART NEAR THERE? I MEAN, THAT [OVERLAPPING] OR WHAT IS THE REASONING?

>> BY KNOWING THE AREA AND SEEING WHAT'S OUT THERE, IT'S A ONE-ACRE TRACK.

IT'S NOT LIKE IT'S COMPACT DEVELOPMENT.

>> IS THE OTHER ONE, THE ONE THAT GOT GRANTED.

[OVERLAPPING] WAS THAT ALSO ANOTHER ONE?

>> YEAH. WELL, IT'S NOT ANOTHER ONE BECAUSE IT'S IN THE ETJ, BUT IT WAS FOR SINGLE-FAMILY HOME.

>> IT WAS FOR SINGLE-FAMILY [OVERLAPPING] AND THIS [OVERLAPPING].

>> [OVERLAPPING] THIS IS FOR SINGLE-FAMILY.

>> [OVERLAPPING] THE OTHER VARIANCE WAS GRANTED WHEN?

>> 2019.

>> THIS ONE IS ALSO FOR SINGLE-FAMILY?

>> THAT IS WHAT WE'RE BEING TOLD, YES.

AGAIN, THE APPLICANT IS HERE SHOULD YOU WANT TO CONFIRM THAT?

>> THE ONLY THING I ALWAYS SAY ABOUT THIS IS WE CANNOT DO THINGS BASED ON HISTORICALLY WHAT WE'VE DONE IN OTHER THINGS.

OF COURSE TAKE A LOOK AT IT AND DO WHATEVER YOU ALL WANT TO DO.

BUT NOT JUST BECAUSE WE DO IT TO SOMEBODY, MEANS WE HAVE TO DO IT TO SOMEBODY ELSE.

WE TAKE A LOOK AT ALL OF THEM INDIVIDUALLY [OVERLAPPING] AND THEN DECIDE.

>> WILL THE APPLICANT BE OPEN TO THE VARIANCE AS THE MOTION WAS MADE, BUT WITH ANNEXATION?

>> THAT IS UP TO HER. I DON'T THINK WE'VE DISCUSSED ANNEXATION.

>> IS IT IN THE [OVERLAPPING].

>> IT'S IN THE ETJ. IT'S ABOUT 700 FEET SOUTH OF CITY LIMITS ON 107, SO IT'S A CANDIDATE.

>> HOWEVER IF SHE GETS ANNEXED, SHE WOULD HAVE TO SUBMIT TO THE ORDINANCE OF THE CITY THAT WOULD REQUIRE HER STARTING BUILDING CONDITIONS AND STUFF LIKE THAT.

>> IT STILL HAS TO BE DONE.

>> [OVERLAPPING] IT HAS TO BE DONE.

[E) Immigration and Respite Center Report.]

>> BUT THEY'RE A LITTLE MORE RELAXED.

>> [LAUGHTER] THAT'S TRUE.

>> WAY MORE RELAXED THAN THE CITY OF MCALLEN.

>> WOULD YOU CONSIDER THAT, WHAT POOJA HAD SAID?

>> SORRY. [LAUGHTER]

>> [FOREIGN].

>> I GUESS AMEND THE MOTION WITH THE CONDITION THAT ANNEXATION AS REQUESTED, BUT MOVED.

>> ALL AGAINST? THE MOTION CARRIES.

>> AYE [OVERLAPPING].

THESE CONSIDERATION OF A VARIANCE REQUEST TO THE RIGHT OF WAY DEDICATION REQUIREMENTS, 2901 GUMWOOD AVENUE.

>> YES SIR. GARCIA STATES IS A 0.4 ACRE THREE LOT SINGLE-FAMILY HOME SUBDIVISION ON THE SOUTHWEST CORNER OF GUMWOOD AND 29 SURROUNDING ZONING IS R1 IN ALL DIRECTIONS, WITH MOSTLY SINGLE-FAMILY HOMES IN THE AREA.

THE PROJECT ENGINEER'S REQUESTING A VARIANCE TO THE RIGHT OF WAY REQUIREMENTS FOR BOTH GUMWOOD AND 29TH.

A DEVELOPER WAS PROPOSING TO DEDICATE 10 FEET INSTEAD OF THE 20 FEET REQUIRED ON GUMWOOD AND FIVE FEET INSTEAD OF THE 10 FEET REQUIRED ON 29TH.

THE BASIS FOR THE REQUEST IS TO MATCH THE EXISTING RIGHT OF WAY IN THE AREA AND THE FACT THAT DEDICATION FOR MORE RIGHT OF WAY WOULD CAUSE LOTS TO FALL BELOW OUR 5,000 SQUARE FOOT MINIMUM FOR OUR ONES.

THE ITEM WAS PRESENTED AT THE OCTOBER 5TH PLAN ZONING COMMISSION MEETING WHERE THE BOARD UNANIMOUSLY RECOMMENDED APPROVAL.

THERE ARE THREE OPTIONS BEFORE YOU.

STAFF IS RECOMMENDING OPTION 1, WHICH IS APPROVAL OF THE VARIANCE.

>> I'LL MAKE A MOTION TO ACCEPT STAFF'S RECOMMENDATION, OPTION 1.

>> THAT GOOD.

>> AYE. AYE [OVERLAPPING].

>> THE RENAMING OF THE PALMVIEW GOLF COURSE. CARLOS.

[NOISE] MANAGERS REPORT.

[F) Future Agenda Items.]

>> GOOD AFTERNOON, MR. MAYOR, CITY COMMISSIONERS, CITY MANAGER, AND CITY ATTORNEY, EVERYONE.

GOLF COURSE STAFF SEEK CITY COMMISSION CONSIDERATION AND POSSIBLE APPROVAL TO CHANGE THE NAME OF PALMVIEW GOLF COURSE TO CHAMPION LAKES GOLF COURSE.

AS MOST OF YOU MAY KNOW, PALMVIEW HAS BEEN THE NAME OF THE CITY'S GOLF COURSE FOR OVER 52 YEARS.

RECENTLY THIS NAME HAS MORE AND MORE OFTEN BEING CONNECTED OR LINKED TO THE CITY OF PALMVIEW.

RENAMING THE GOLF COURSE WOULD HELP US AVERSE SUCH LINK OR CONNECTION AND THEREFORE,

[01:00:03]

STAFF RECOMMENDS THAT WE CHANGE THE NAME OF PALMVIEW GOLF COURSE TO CHAMPION LAKES GOLF COURSE.

>> WITH THE CAVEAT THAT IT'LL TAKE US A COUPLE OF MONTHS TO GET THERE?

>> CORRECT. FEBRUARY 1ST, [OVERLAPPING] WE'RE HOPING TO GET EVERYTHING.

>> WE ARE NOT PUTTING MCALLEN CHAMPIONS LAKES OR JUST CHAMPION LAKE?

[8. 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).]

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

>> CHAMPION LAKES?

>> WE'RE NOT PUTTING MCALLEN IN FRONT OF IT?

>> WE WOULD. WHAT WE ASK IS THAT DEPENDING IN THE CONTEXT IN WHICH WE'RE GOING TO BE USING THE NEW NAME, WE EITHER PUT IT BEFORE THE NAME OR AFTER.

FOR EXAMPLE, IF IT'S GOING TO BE ON AN ANNOUNCEMENT, "WELCOME TO MCALLEN'S CHAMPION LAKES GOLF COURSE," IT WOULD GO BEFORE, IF IT'S GOING TO BE IMPRINTED MAY GO AFTER THAT MCALLEN.

>> BUT THAT'S THE WAY OF USING IT, NOT THE NAME.

>> CORRECT.

>> OKAY.