1. Rezone from R-1 (single-family residential) District to R-2 (duplex-fourplex residential) District: Lot 12, Block 4, Cathay Courts Addition, Hidalgo County, Texas; 324 South Cynthia Street. (TABLED)

[1. Rezone from R-1 (single-family residential) District to R-2 (duplex-fourplex residential) District: Lot 12, Block 4, Cathay Courts Addition, Hidalgo County, Texas; 324 South Cynthia Street. (TABLED)]

TO R-2. THIS ITEM IS CURRENTLY TABLED.

THE APPLICANT HAS REQUESTED FOR THE ITEM TABLED INLE THE OCTOBER 9 MEETS APPROXIMATELY. SO THAT'S WHAT WE HAVE TODAY.

>>MAYOR VILLALOBOS: NEXT ITEM. >> JUST FOR THE RECORD, I GOT A CALLS FROM SOME OF YOU ON THIS ITEM.

SO I DON'T WANT TO GO RIGHT BY IT.

TO GIVE EVERYBODY THE RIGHT TO TABLE THIS ITEM.

YOU HAVE THE RIGHT TO DO IT. IT HAS BEEN TABLED BEFORE.

SO I JUST WANTED TO PUT IT ON THE TABLE.

>>MAYOR VILLALOBOS: THE CA US THAT WE RECEIVED.

WERE THOSE CALLS AGAINST THE ITEM?

>> RIGHT. THE QUESTION WAS I AM SHOWING UP

-- >>MAYOR VILLALOBOS: I GUESS THE QUESTION IS, DO WE HAVE ANYBODY HERE TO SPEAK AGAINST THIS ITEM?

>> I WANT TO TAKE IT OFF THE TABLE.

I MAKE A MOTION. >> SECOND.

>>MAYOR VILLALOBOS: ALL IN FAVOR, SAY AYE.

AGAINST? MOTION CARRIES.

IT IS OFF THE TABLE. >> YOU CAN COME UP.

THE PLANNING DIRECTOR NEEDS TO MAKE A PRESENTATION.

>> I DID IT AT THE LAST MEETING. I CAN RE-PRESENT IT.

PROPERTY LOCATED WEST SIDE OF CYNTHIA, APPROXIMATELY 115 NORTH OF EAST DALLAS. ADJACENT ZONING IS R-1 ALL AROUND. SURROUNDING USES ARE PRIMARILY SINGLE-FAMILY HOMES. THE APPLICANT IS REQUESTING R-2 FOR A DUPLEX DEVELOPMENT. STAFF HAD PREVIOUSLY RECEIVED CALLS IN OPPOSITION WITH THE REQUEST CITING DESIRE TO KEEP THE SINGLE-FAMILY HOME CHARACTER OF THE AN AREA.

THE ITEM WAS EVENTUALLY PRESENTED AT THE ALL 8 PLANNING AND ZONING COMMISSION MEETING .THREE NEIGHBORS WHO SPOKE IN OPPOSITION TO THE DESIRE TO KEEP THE AREA SINGLE-FAMILY HOMES.

TWO OTHERS SPOKE IN FAVOR DUE TO THEM OWNING FOUR LOTS THEY WOULD ALSO LIKE TO REZONE. P&Z VOTED TO RECOMMEND APPROVAL IN A 4-1 VOTE. SINCE THAT MEETING, WE RECEIVED A PETITION THAT TRIGGERED SUPERMAJORITY.

WE ARE RECOMMENDING DISAPPROVAL. >> MAKE IT REAL EASY.

ANYBODY TO SPEAK FOR THE ITEM? FOR IT? SO I TAKE IT ALL THIS GROUP IS -- YES, SIR.

GO AHEAD. >> I AM THE APPLICANT, SIR.

I CAN CAN I SPEAK FIRST. >>MAYOR VILLALOBOS: GO AHEAD,

SIR. I SPEAK FIRST. >>MAYOR VILLALOBOS: GO AHEAD,

SIR. >>MAYOR VILLALOBOS: ALL THESE PEOPLE ARE AGAINST. IF WE CAN HAVE ONE TO REPRESENT.

>> THAT WILL PROBABLY BE ME, MAYOR.

I APPRECIATE YOU AND THE COMMISSION UNTABLING THIS TODAY BECAUSE WE HATE TO JUST KEEP BRINGING OUR NEIGHBORHOOD BACK TO THE COMMISSION MEETINGS EVERY TWO WEEKS.

AND WE SHOWED UP AT P&Z. WE SPOKE WITH OPPOSITION.

NOT REAL CLEAR WHY THIS WAS APPROVED BY P&Z.

IT IS A R-1 NEIGHBORHOOD. WE ALL LIVE IN A R-1 NEIGHBORHOOD. I WOULD VENTURE TO SAY EACH OF YOU LIVE IN A R-1 NEIGHBORHOOD. AND PROBABLY I WOULD VENTURE TO SAY NONE OF YOU WILL WANT TO LIVE ACROSS THE STREET FROM A MULTIFAMILY UNIT IN YOUR R-1 NEIGHBORHOOD.

OUR NEIGHBORHOOD WANTS TO STAY R-1 AS WELL.

A AND.

A NUMBER OF PEOPLE THAT SIGNED THE PETITION, AS WELL AS THE NEIGHBORHOOD TLAEPTS ARE HERE TODAY.

WE LIKE LIVING IN A R- NEIGHBORHOOD.

WE WOULD LIKE TO KEEP IT IN A R-1 NEIGHBORHOOD.

THERE ARE SOME HOMES IN THE AREA THAT NEED WORK DONE ON THEM.

I HAPPEN TO OWN THE HOUSE THAT IS CADDY CORNER AND ACROSS THE STREET FROM THIS PROPERTY. I AM SPENDING MONEY -- JUST HAD THE HOUSE RELEVELED AND GETTING READY TO DO REMODELING WORK ON THAT. A LOT OF PEOPLE IN THE NEIGHBORHOODS RESPECT FIXING UP THEIR HOMES.

AND WE DON'T WANT TO SPEND THAT KIND OF MONEY ON OUR SINGLE-FAMILY RESIDENTIAL NEIGHBORHOODS IF IT STARTS A --

[00:15:02]

A LANDSLIDE OF PEOPLE WANTING TO REZONE AND START CHECKERBOARDING OUR R-1 NEIGHBORHOOD WITH R- WE ARE HERE TO SPEAK IN

OPPOSITION OF THAT. >>MAYOR VILLALOBOS: I TAKE IT THAT THIS WHOLE GROUP FEELS THE SAME WAY.

>> IF I MAY, I WOULD LIKE TO SPEAK.

I HAVE BEEN HERE MANY TIMES. IN FACT, I WAS HERE PROBABLY WHEN YOU WERE GOING TO OPEN UP MCCALL ROAD.

I HAVE BEEN LIVING IN THIS HOME FOR 30-SOME YEARS AND NOT SPEAKING AGAINST SOMETHING BUT PRESERVING SOMETHING.

WE HAVE IN OUR AREA IF YOU ALL RECALL, THIS IS A HISTORICAL NEIGHBORHOOD. IT HAS BEEN AS WE KNOW.

AND I THINK YOU ALL KNOW, IT HAS BEEN A NEIGHBORHOOD THAT ACTUALLY IF YOU COME FROM OUTSIDE, FROM ANY PLACE, WHETHER YOU COME FROM UP NORTH, SOUTH OR WHATEVER.

AND EVERYBODY THAT COMES IN THE NEIGHBORHOOD CAN'T BELIEVE WE HAVE A NEIGHBORHOOD WITH THE LUSH -- WITH THE LUSH NATURE THAT WE USED TO HAVE. THE SHOW SHEETS THAT WE USED TO HAVE. WE USED TO HAVE SO MANY BIRD-WATCHERS BEFORE BEFORE QUINNZA MATALAN TO SEE WHAT SPECIES. IF YOU OPEN MCCALL ROAD.

A NARROW ROAD THAT WE THOUGHT WOULD BE TAKEN CARE OF BUT NOT TO THE EXTENT WHERE YOU HAVE ALL THE TRAFFIC.

YOU HAVE TRUCKS THAT YOU CAN HEAR IN MY KITCHEN BOUNCING UP AND DOWN IF IT IS THROUGH MCALLEN ROAD.

WHEN THEY WILL HAVE ALL THESE OTHER TRACTS THAT COME NOT ONLY FROM MCALLEN ROAD, BUT WE WILL HAVE THE TRAFFIC COMING FROM JACKSON AND THE NEIGHBORHOOD IS INVATED BY TRAFFIC THAT IS NOW COMING THROUGH DALLAS. SO WHAT HAPPENS WITH ALL THESE SPECIES THAT USED TO COME AROUND AND LIVE IN OUR NEIGHBORHOOD.

IT WAS OUR NATURAL HABITAT. TREES THAT WERE CONSTANTLY GROWING AND NOW MANY OF THEM OBVIOUSLY BECAUSE THEY WERE TORN DOWN WHETHER WE HAD TO OPEN A ROAD OR BUILDING SOME TYPE OF APARTMENT. WHAT ARE WE DOING FOR ALL THIS? IT IS OUR NEIGHBORHOOD AND ALSO YOUR COMMUNITY.

IT IS A VERY HISTORICAL AND MANY THAT BUILT IN CITY ARE THE ONES THAT STARTED. SO AS YOU REMEMBER, SENATOR BENSON WAS THERE. IN FACT I LIVE IN HIS HOME.

SENATOR BENSON, ALONG WITH HIS NEIGHBORHOOD WITH THE BIG AREA OF TREES WITH DR. LANDRUM, HISTORICALLY, MANY OF THESE FAMILIES PART OF OUR COMMUNITY LIKE DR. CHESTER AND MANY OF THE HOMES THAT YOU HAVE SEEN THROUGHOUT THIS TOWN THAT YOU DON'T SEE ANYWHERE. YOU DON'T SEE THE -- THE LARGE, LARGE AND BIG AVENUES WHERE DO YOU GO ANYWHERE IN THIS TOWN DO YOU SEE IT? YOU DON'T SEE IT.

IT ISN'T GOING AGAINST SOMETHING.

IT IS TRYING TO PRESERVE WHAT IS OUR COMMUNITY.

THAT IS THE WAY I LOOK AT IT. NOT LIKE GOING AGAINST THE APARTMENTS. WHY DON'T WE PLAN PUTTING THESE APARTMENTS SOMEWHERE WHERE WE DON'T HAVE THIS NATURAL HABITAT.

>> MA'AM, WE HAVE A THREE-MINUTE SPEAKING LIMIT.

>> I DON'T MEAN TO INTERRUPT. I AM JUST ASKING.

>>MAYOR VILLALOBOS: WE GET THE GIST OF THE GROUP.

THANK YOU SO MUCH. >> THANK YOU.

THANK YOU, MAYOR YES, SIR. >> I AM ALBERT GARZA AND I AM THE APPLICANT. I'M HERE TO CLARIFY.

THE ONLY REASON I SUBMITTED THE APPLICATION FOR A DUPLEX.

NOT AN APARTMENT COMPLEX BUT A DUPLEX IS THE FACT I GOT THE FIRE DEPARTMENT NEXTING TO ME. SO TRYING TO MAKE IT LIKE A BUFFER OR SOMETHING. THAT WAS MY INTENTION OF BUILDING A DUPLEX. NOT A FOURPLEX OR ANYTHING LIKE THAT. FIVE LOTS NORTH OF ME, THERE IS A TRIPLEX THAT GOT APPROVED ON THE SAME STREET.

I CAN -- I UNDERSTAND THEIR -- THEIR IDEAS THAT I AM GOING TO CHANGE IT UP, BUT JUST ONE LOT. I HAPPEN TO OWN ALL FOUR LOTS.

TWO HOUSES THAT WERE THERE. SINCE THIS ONE WAS VACANT NEXT TO THE FIRE DEPARTMENT, I FIGURED IF I WAS GOING TO INVEST SOMETHING NEXT TO A FIRE DEPARTMENT, I FIGURED DOING A DUPLEX. AND THAT'S WHAT I PRESENTED TO THE PLANNING AND ZONING BOARD, AND THAT IS WHY THEY APPROVED

IT. >>MAYOR VILLALOBOS: THANK YOU,

[00:20:03]

SIR. ANYBODY ELSE? OKAY. WHAT ARE THE WISHES OF THE COMMI COMMISSION?

>> I WILL MAKE A MOTION TO DENY THE REQUEST.

>> SECOND. >>MAYOR VILLALOBOS: ALL IN FAVOR, SAY AYE. AGAINST?

[2. Rezone from R-1 (single family residential) District to R-3A (multifamily apartment residential) District: 76.461 acres (77.76 acres deed call), being all of Lot 11, 19, and 20, Section 234, Texas-Mexican Railway Company’s Survey, Said 77.76 acre tract also being all of Lots 17, 18, 19, 20, 21, 22, 23, and 24, Palmland Groves, Hidalgo County, Texas; 12501 North Rooth Road.]

MOTION CARRIES. NEXT ITEM.

>> NEXT ITEM REZONING FROM R-1 TO R-3-A.

LOCATED ON IN THE NORTH ROOTH ROAD AND SCHUMER.

7 .461 ACRES. SURROUNDING USES INCLUDE DETACHED DUPLEX DEVELOPMENT TO THE WEST, SINGLE-FAMILY HOMES, AS WELL AS VACANT AND AG LAND. THE APPLICANT IS REQU REQUESTING R-3-A FOR PROPOSED DUPLEX DEVELOPMENT.

NO SUBDIVISION APPLICATION HAS BEEN SUBMITTED AT THIS POINT.

THE APPLICATION WAS PRESENTED AT THE AUGUST 8 MEETING WHERE THREE RESIDENTS SPOKE IN OPPOSITION WITH TRAFFIC AND FLOODING.

AT THAT ITEM -- AT THAT TIME, RATHER, THE ITEM WAS TABLED AND UNTABLED AT THE AUGUST 2 MEETING WHERE AFTER SOME DISCUSSION, P&Z UNANIMOUSLY RECOMMENDED APPROVAL.

THE APPLICANT AND SOME PEOPLE IN OPPOSITION ARE HERE TODAY.

>>MAYOR VILLALOBOS: OKAY. WHO WANTS TO GO FIRST.

I GUESS WE WILL TAKE THE OPPOS

OPPOSITION. >> GOOD AFTERNOON, KENNETH JOHNSON. I LIVE ADJACENT TO THIS PROPERTY. MR. ALSO MRS. MORTENSEN LIVES ADJACENT AND SOME WERE UNABLE TO COME TODAY.

WE DON'T HAVE A PROBLEM WITH SINGLE-FAMILY IN THAT AREA.

IT IS ALL SINGLE-FAMILY. THERE IS NOT THE INFRASTRUCTURE.

THE ROADS ARE SMALL. JUST TO THE NORTH OF THIS, YOU HAVE EDINBURGH GRADE SCHOOL. YOU HAVE EDINBURGH MCALLEN JR.

HIGH. YOU HAVE IDEAL ACADEMY.

TRAFFIC WILL BACK UP A QUARTER MILE BACK AT CERTAIN TIMES OF THE DAY. THIS AREA -- NO FIRE PROTECTION IN THAT AREA. AND THE DENSITY -- I AM JUST NOT SURE THAT ANY OF THE ROADS. THERE IS NO INFRASTRUCTURE THERE TO HANDLE THIS AT THIS POINT. YOU KNOW, NOTHING HAS BEEN DONE.

NO FIRE PROTECTION IN THAT AREA. YOU HAVE TO ARGUE WITH THE POLICE DEPARTMENT BECAUSE THEY WILL TELL YOU DON'T LIVE IN MCALLEN. YOU GO THE TO ARGUE WITH -- I HAD A FIRE WHEN MY PARENTS -- ENCROACHING ON MY PARENTS' HOUSE WHEN THEY WERE ALIVE AND I COULDN'T GET THE K7 FIRE DEPARTMENT TO COME OUT THERE. SO I DON'T KNOW HOW YOU GUYS THINKFIRE DEPARTMENT TO COME OUT THERE.

SO I DON'T KNOW HOW YOU GUYS THINK WE SELFLY CAN TAKE CARE OF A APARTMENT COMPLEX IN THAT AREA.

THANK YOU FOR YOUR TIME. >>MAYOR VILLALOBOS: ANYBODY ELSE AGAINST? YES, MA'AM.

>> HI, COMMISSIONERS. MY NAME IS JANE CROSS.

I LIVE REALLY CLOSE TO THIS. AND THE INFRASTRUCTURE JUST ISN'T THERE. I WOULD ASK THAT MAYBE PLANNING AND ZONING GO OUT TO THE PROPERTY INSTEAD OF LOOKING DOWN AT A GOOGLE MAP. BECAUSE IF YOU WENT OUT THERE, IF YOU SEE THE TREES, THEY HAVE REAL PRETTY PICTURES OF THE GRAPEFRUIT TREES OR THE FRUIT TREES, BUT THEY DON'T SHOW YOU WHAT IS ON THE OTHER SIDE, AND THE ROAD ISN'T FROM HERE TO THERE. I MEAN -- INSTEAD OF JUST LOOKING AT A GOOGLE MAP -- BECAUSE GOOGLE MAP DOESN'T SHOW YOU WHAT IT DOES. AND I HAVE EXPERIENCED THAT.

SO THERE IS JUST NO WAY -- WHO IS GOING TO WIDEN THE ROADS? LET ME TELL YOU, WE ARE DOING A STORAGE UNIT FACILITY REALLY CLOSE. IT WILL BENEFIT US A LOT TO HAVE MULTIFAMILY DWELLINGS, BUT THIS IS JUST NOT GOOD FOR THE COMMUNITY RIGHT THERE. THERE IS NO PLACE FOR THE TRAFFIC TO GO. AND UNLESS YOU -- YOU KNOW, RUN AMUCK IN SOMEBODY'S FIELD. THERE IS WILDLIFE OUT THERE.

AND IT IS JUST -- IT IS JUST -- IT IS -- SOMEBODY NEEDS TO DRIVE OUT THERE AND PHYSICALLY LOOK INSTEAD OF LOOKING AT A MAP.

THAT'S ALL. .

>>MAYOR VILLALOBOS: THANK YOU. ANYBODY ELSE?>>MAYOR VILLALOBOS

ANYBODY ELSE?>>MAYOR VILLALOBOS ANYBODY ELSE?

>> HELLO, TAMMY MORTENSON. MY LAND IS UP NEXT TO THE LAND THERE. WE DON'T HAVE THE INFRASTRUCTURE. LIKE MR. JOHNSON SAID, WE BATTLED WITH THE POLICE. I LIVED THERE FOR 20-SOMETHING YEARS. THEY STILL DON'T KNOW WE ARE THERE. AND, YOU KNOW -- ACROSS THE STREET WAS EDINBURGH. SO IF YOU CALLED THE POLICE, YOU GOT THREE OR FOUR DIFFERENT PEOPLE COMING.

AND LIKE I SAID, WE ARE JUST UNKNOWN.

OKAY. BUT I DON'T WANT THE MULTIFAMILY APARTMENTS THERE. JUST MAKE MORE TRAFFIC.

WE HAVE ENOUGH TRAFFIC AS IT IS. OKAY.

AND WE GOT THAT LITTLE CURVE GOING ON WHEN YOU COME OFF OF 107 DO YOU KNOW ROOTH ROAD. YOU HAVE THAT CURVE -- YOU WOULD

[00:25:01]

BE SURPRISED HOW MANY PEOPLE DON'T DO A CURVE, OKAY.

AND THEN YOU ARE GOING TO DOUBLE IT MORE.

OKAY. BUT WE JUST DON'T HAVE THE INFRASTRUCTURE. OKAY.

BUT I WOULD LIKE FOR YOU TO TAKE THAT INTO CONSIDERATION.

THANK YOU. >>MAYOR VILLALOBOS: THANK YOU.

ANYBODY ELSE SPEAKING AGAINST THE ISSUE -- THE ITEM? OKAY. DO WE HAVE THE APPLICANT?

>> GOOD AFTERNOON, MAYOR, MEMBERS OF THE COMMISSION, I AM THE ENGINEER. I AM REPRESENT MR. ANDRES PEREZ.

AND HE LIVES MCALLEN PART-TIME AND MEXICO CITY HALF TIME.

YOU GO UP THE ROAD, ALMOST A DEAD END AND VEER HARD RIGHT.

WE HAVE ENGAGED A TRAFFIC ENGINEERING FIRM.

THE FIRST THING THEY HAVE BEEN TASKED TO DO IS EVALUATE THE TRAFFIC BETWEEN 107 AND MONTE CRISTO.

MCALLEN APPROACHED THIS OWNER TO BUY A CLIP TO STRAIGHTEN THE ROAD OUT. DO A CURVE THROUGH THE PROPERTY.

THAT IS SOMETHING THAT WE WILL LIKELY HAVE TO DO THAT WITH OUR PROJECT AND WE HAVE THE FUNDS AVAILABLE TO DO THAT.

AS FAR AS INFRASTRUCTURE, WATER, SEWER, DRAINAGE.

WE WILL BE RESPONSIBLE TO DO THAT THROUGH THE SUBDIVISION PROCESS. HAPPY TO ANSWER ANY QUESTIONS

THAT I HAVE. >>MAYOR VILLALOBOS: THAT IS THE BIGGEST CONCERN THEY HAVE, LACK OF INFRASTRUCTURE.

AND WE -- I GUESS WE KNOW IN ORDER TO DEVELOP, INFRASTRUCTURE HAS TO BE THERE. WATER, YOU SEWER, WHATEVER IT IS, DRAINAGE. A LOT OF TIMES THAT IS NOT OUR CONCERN, BUT THEY NEED TO FEEL COMFORTABLE TOO.

WE ALSO KNOW THAT AREA, IT IS GOING TO BE GROWING.

SO -- WE NEED TO MAKE SURE THAT WHEN IT GROWS, IT GROWS PROPERLY. AND IT HAS THE NECESSARY INFRASTRUCTURE AND WHATEVER WE NEED TO DEVELOP IT ACCORDINGLY AND RIGHT. QUES

QUESTIONS? >> I DO HAVE A QUESTION.

SO WHAT EXACTLY ARE YOU TRYING TO DO THERE? ARE YOU GOING TO DO AN APARTMENT COMPLEX, MULTILEVEL?

>> NO, SIR. NO, SIR.

WE ARE PROPOSING A FOUR-PLEX PROJECT.

>> FOURPLEX? >> YES, SIR.

>> OKAY. SO -- IF YOU ARE DOING A FOU FOURPLEX, I THINK THE R-2 WILL

BE A BETTER KIND OF ZONING? >> YES, SIR.

YES, SIR. I SPOKE WITH THE GAR THIS AFTERNOON. AND HE MADE ME DAY WARE THERE ARE CHANGES TO THE CODE FORTHCOMING.

>> CHANGES TO THE CODE, RIGHT? >> SORRY, RIGHT NOW R-2 DOES NOT

ALLOW FOR DETACHED FOURPLEX. >> IT WILL IN A COUPLE OF

MONTHS. >> WHATEVER WE BRING THE LAND CODE, THAT IS THE THING ON THE BOARD.

>>MAYOR VILLALOBOS: IN OTHER WORDS, THIS WILL BE A MOOT ISSUE

IN A COUPLE OF MONTHS. >> 8U HEAVY HITTERS ONLY THING, WHEN WE GET REZONING REQUESTS, WE NEED TO BE WEARY OF PRESCREENING PROJECTS. WE ARE NOT HERE TO APPROVE A PROJECT OR NOT. WE ARE HERE TO APPROVE A

REZONING. >> DEPEND ON THE PROJECT AS WELL, AND WE CAN BASE OUR DECISION BASED ON THE TYPE OF

PROJECT THAT IT IS GOING TO BE. >> TO MAYBE HELP THE ISSUE, I THINK R-2, WE WOULD BE WILLING TO DO THAT IF THAT IS THE WISHES

OF THE COMMISSION. >> THAT WILL CHANGE IN A COUPLE OF MONTHS AND THAT'S WHAT HE WANTS TO DO.

>> THAT CHANGE ALSO ISN'T GUARANTEED.

NOT SOLIDIFIED YET. WE DON'T WANT TO MAKE COMMITMENTS TO A CODE THAT ISN'T IN PLACE YET.

>> BUT DENSITY AND ALL THAT THAT, COMMISSIONER, WE HAVE APPROVED A LOT OF P.U.D.S TO KIND OF CONTROL THAT DEVELOPMENT. IF THEY ARE PROPOSING TO DO A FOURPLEX, R-2 WOULD BE PRETTY MUCH THE EXACT THING.

AND IN UP A CANCEL OF MONTHS WE DON'T HAVE TO WORRY ABOUT PDS ANYMORE BECAUSE THE CODE WILL LET YOU DO THOSE ATTACHED

DUPLEXES. >> EXPECTED TO, YES.

>> YES. TO CONTROL THE DENSITY IN A WAY.

BECAUSE YOU CAN PUT UP 1,000 APARTMENTS IN THOSE 70 ACRES.

>> WHAT DO YOU SUGGEST, EDGAR? >> I TALKED TO MARIO EARLIER TODAY. I MEAN, I CERTAINLY FEEL COMFORTABLE THAT WHEN OUR NEW CODE COMES IN, IT WILL FIX THIS R-2, R-3-A ISSUE. I HAD ENOUGH CONVERSATIONS WITH THE COMMISSIONERS AND I FEEL COMFORTABLE TELLING A DEVELOPER, NOT JUST MARIO IF THEY ARE WILLING TO TAKE THE R-2.

BY THE TIME THEY ARE DONE, WE HAVE HAVE A NEW CODE AND IT WILL

BE FIXED BASICALLY. >>MAYOR VILLALOBOS: OUR MAIN CONCERN -- THEIR CONCERN AND OUR CONCERN, TOO, WE NEED TO MAKE SURE THAT THE INFRASTRUCTURE IS THERE.

[00:30:02]

BECAUSE EVERYBODY IS CONCERNS IS ALWAYS GOING TO BE FLOODING.

WHATEVER DEVELOP, HAS TO HOLD THEIR OWN WATER.

MAKE SURE IT DOESN'T EFFECT ANYBODY ELSE.

MAKE SURE THE STREETS ARE WIDE ENOUGH.

MAKE SURE THE SEWER SYSTEM, WATER PRESSURE AND EVERYTHING.

WE OURSELVES NEED TO MAKE SURE THAT WHATEVER HAPPENS, YOU KNOW, THAT EVERYBODY IS SAFE. AND THAT IS ALWAYS ONE OF MY

BIGGEST CONCERNS. >> MAYOR, AS I LOOK -- AND I KNOW THERE WAS A REFERENCE -- DON'T LOOK AT THE GOOGLE MAP, BUT THAT'S ALL I HAVE RIGHT NOW. IF YOU LOOK AROUND, ABOUT A HALF A MILE OR A MILE, YOU HAVE A LOT OF RESIDENCES.

YOU HAVE RAVENSWOOD, TO THE NORTH, PACIFICO.

YOU HAVE THE VINEYARDS. YOU HAVE -- EVERYTHING TO THE WEST OF WARE ROAD IS OUTSIDE THE CITY, BUT NEVERTHELESS, IT IS RESIDENTIAL. WITHIN THE LAST TWO YEARS, THERE WAS A DEVELOPER THAT WAS GRANTED BY THIS BOARD TO REZONE F FOR R-3-A OFF WARE ROAD NORTH OF 1307 ABOUT A QUART EVERY OF A MILE OR SOUTH OF THE VINEYARDS AND PACIFICO.

WHAT IS DIFFERENCE FROM THIS, WARE ROAD IS ALREADY PROJECTED TO BE EXPANDED WITHIN THE NEXT FIVE YEARS.

AS FAR AS I KNOW, I DON'T THINK THERE IS ANY PLAN FOR ROOTH ROAD TO BE EXPANDED OVER THE NEXT FIVE YEARS AND I SHARE THE CONCERN THAT THE RESIDENTS HAVE PUTTING POTENTIALLY OVER 3,000

ONE-BEDROOM UNITS, RIGHT? >> YES, SIR.

>> ON TO LITTLE ROOTH ROAD THAT DOESN'T HAVE A SHOULDER BECAUSE THERE IS A SWALE. YOU GO INTO THE SWALE, YOU WILL

BE STUCK. >> AMEN.

>> PROBABLY KNOW -- BECAUSE I KNOW I DID IT ON ROOTH ROAD SOUTH OF 107 YEARS -- DECADES AGO.

SO THAT IS MY CONCERN. IN ADDITION, I UNDERSTAND THAT IF YOU ARE GOING TO HAVE THAT MANY UNITS HAND THIS MANY ROOFTOPS, YOU WILL HAVE THE CARS TO GO WITH IT.

10 .BEING A MAJOR ARTERIAL IN THE COUNTY FOR THAT MATTER, PUTTING ALOT OF TRAFFIC ON LITTLE ROOTH ROAD.

THIS IS NOTWARE. IT IS ALREADY PROGRAMMED AND GOING BACK TO THE SAME ISSUES, THE INFRASTRUCTURE ISSUE.

>>MAYOR VILLALOBOS: COMMISSIONER, I HARDLY EVER GO OUT THERE. THE CONCERN I HAVE -- A LOT OF THE TIMES PEOPLE AROUND THE AREA ARE DEMANDING COMMERCIAL.

THEY ARE DEMANDING -- THAT TYPE OF STUFF AND YOU WILL NOT GET THAT UNLESS WE GET ROOFTOPS. SO -- SO NOW WE HAVE TO BALANCE THAT OUT, BECAUSE THEY -- BELIEVE ME, THE VINEYARDS -- COUNTRY MEADOWS, WHAT HAPPENED TO THE HEB, WELL, WE DON'T HAVE ENOUGH ROOFTOPS. I KNOW IT IS HARD TO BALANCE, BUT IN ORDER TO DO -- TO PROVIDE THE COMMERCIAL -- WHAT THEY NEED, WE ALSO NEED ROOFTOPS. SO WE ARE TALKING ABOUT OF THE EXPANSION OF ROOTH ROAD. ARE WE ANYWHERE, NEAR, ROEL, LOOKING AT THAT. WE EXPANDED 29 TOTS 107.

110 HAS EXPANDED. BICENTENNIAL GOES TO 107.

>> ROOTH ROAD IS CURRENTLY NOT ON OUR CAPITAL IMPROVEMENT

PLANS. >>MAYOR VILLALOBOS: I THINK IT

SHOULD BE. >> IT IS NOT BUT CAN BE.

>>MAYOR VILLALOBOS: WE NEED TO START LOOKING AT ROOTH ROAD.

THAT IS THE AREA. DOESN'T MATTER THIS GROUP OR ANOTHER GROUP, IT IS GOING TO DEVELOP AND START DEVELOPING.

SO WE GOT TO TAKE A LOOK AT ROOTH ROAD.

>> CORRECT. BUT TO YOUR POINT, A HARD BALANCE. THE CITY HAS AN OBLIGATION TO PROVIDE INFRASTRUCTURE AND ENSURE THERE IS DRAINAGE AND STREET CAPACITY, BUT AT THE END OF THE DAY, WE ALSO HAVE TO ALLOW DEVELOPMENTS SO WHY WOULD A ROOTH ROAD BE BE A PRIORITY IF THERE IS NO GROWTH ON IT? THERE IS A BALANCE OF PROMOTING THE GROWTH. A PROJECT LIKE THIS TAKES 24 MONTHS. GIVES THE CITY ALONG TIME TO PLAN GROWTH FOR ROOTH ROAD TO SOME EXTENT.

>> BUT I DON'T WANT TO COMMIT TO A ROAD WE HAVEN'T ENGINEERED --

>>MAYOR VILLALOBOS: I DON'T THINK IT IS COMMITTED.

>> NOT A RURAL COUNTRY ROAD. >> YEAH, IT IS.

>> I MEAN IT IS NOT -- >> ROOTH ROAD IS A RURAL COUNTRY

ROAD . >> THE OTHER THING I WANT TO BRING UP. HISTORICALLY THIS BOARD OVER THE LAST 40 YEARS HAD LOOKED AT QUARTER AND HALF-MILE COLLECTORS. WOULD WALL GUY AS A WOULD QUARTER MILE AND DEAD-ENTS INTO A PRIVATE PROPERTY AND GO ACROSS THE CANAL AND TO THE TREATMENT PLANT.

THAT WILL NOT HAPPEN. I DON'T SEE THAT UNLESS THIS ACQUIRES AND DECOMMISSIONS THAT WATER PLANT.

BUT YOU WON'T HAVE THAT FOURTH MILE COLLECTOR THAT WE SPEAK ABOUT TO GET THAT COMMERCIAL DEVELOPMENT.

YOUR CLOSEST COMMERCIAL DEVELOPMENT MAY BE JUST ROOTH ROAD AND 107. OR ALL THE WAY TO MONTE CRISTO

ON THE OTHER SIDE. >> THERE IS RIGHT -- THERE IS -- THERE IS A -- A ROAD OFF OF INDEPOT THAT WILL GO TO -- THAT

[00:35:05]

WILL GO ALL THE WAY TODEPOT THA WILL GO ALDEPOT THAT WILL GO TO WILL GO ALL THE WAY TO THE VINEYARDS AREA.

RIGHT NORTH OF THIS PROPERTY IS --

>> CHAPIN YOU ARE TALKING ABOUT? >> CHAPIN, SORRY.

>> CHAPIN. >> IT'S NOT.

CORRECT, IT WON'T GO, BUT THAT IS THE ONE YOU ARE TALKING

ABOUT? >> OKAY.

>> WHAT ROAD -- WHAT ROAD IS -- IS BEING PROPOSED FROM THIS -- FROM THIS -- THE BIG SUBDIVISION THAT WE APPROVE THAT WILL GO TO

29TH OR THIS ROAD, ROOTH ROAD? >> WHICH SUBDIVISION, SIR.

>>COMMISSIONER AGUIRRE: FROM THECANTU.

>> WE CALL IT EIGHT AND A HALF MILE, BUT, YEAH.

>>COMMISSIONER AGUIRRE: A ROAD. >> WON'T CROSS THE -- THE DITCH THERE. YEAH, IT IS NOT GOING TO CROSS

THE DITCH, SIR. >> THE OTHER SIDE.

>> EIGHT AND A HALF DOESN'T GO --

>> CORRECT. >> THERE IS A DITCH THERE.

>> THE R-3 IS THE HEARTACHE. I HEARD DISCUSSION OF

ALLOWING R-2. >> I THINK R-2 IS A LOT LESS DENSITY AND GOOD FOR THE PROJECT.

THE ENGINEER SAID SOMETHING THAT HE WILL ENTERTAIN AND BE OKAY WITH, AND WE CAN MOVE FORWARD WITH IT.

IT IS UP TO HIM. I DON'T KNOW --

>> WE ARE ON BOARD WITH THE R-2. >> WHAT DID YOU SAY?

>> WITHER ON BOARD WITH THE R-2 BASED ON THE INFORMATION WE HAVE. IF WE HAVE TO COME BACK FOR

FUTURE REASON -- >> BASED ON THE FRACTION R-1 TO -- I MAKE A MOTION TO DENY THE REZONING AT THIS TIME.

>> I SECOND THE MOTION. >> DISCUSSION.

CAN WE RECOMMEND R-2 INSTEAD. >> IF IT IS LOWER, YES, SIR.

THERE IS A MOTION ON THE TABLE. >> I WILL BE INCLINED FOR THAT.

YOU HAVE A MOTION AND THEN WE WILL --

>>MAYOR VILLALOBOS: THERE IS A MOTION TO DECLINE.

ALL IN FAVOR. ALL AGAINST.

MOTION FAILED. DO I HAVE ANOTHER MOTION?

>> I WILL MAKE A MOTION TO RECOMMEND R-2.

>> I WILL SECOND. >>MAYOR VILLALOBOS: ALL IN FAVOR, SAY AYE. AGAINST.

>> AGAINST ON THE BASIS -- >> WE DON'T HAVE AN R-2.

>> IT IS NOT ON THE AGENDA FOR A R-2.

>> IT IS A LOWER DENSITY, SO YOU CAN DO THAT.

>>MAYOR VILLALOBOS: OKAY. CAN WE TAKE THE VOTE AGAIN.

ALL IN FAVOR, SAY AYE. AGAINST.

>>COMMISSIONER AGUIRRE: I WANT TO HEAR THE MOTION.

>> LET'S HEAR THE MOTION AGAIN. >> R-2.

>>MAYOR VILLALOBOS: MOTION -- >> MOTION TO APPROVE R-2.

>> SECOND. >> I GOT YOUR SECOND.

>>MAYOR VILLALOBOS: THERE BEING A FIRST AND A SECOND.

ALL IN FAVOR, SAY AYE. ALL AGAINST? OKAY. SO --

>>COMMISSIONER AGUIRRE: I AM ABSTAINING.

I DON'T HAVE ENOUGH INFORMATION. >> 3-2.

>>MAYOR VILLALOBOS: 3-2. MOTION PASSES.

[C) CONDITIONAL USE PERMITS]

OKAY. WHAT DO WE HAVE?

[1. Request of Ricardo Vega and Melinda V. Vega on behalf of Maddie’s Pumpkin Patch, for a Conditional Use Permit, for three years, and adoption of an ordinance for an Event Center (Picture Venue) at 4.983 acres out of Lot 78, La Lomita Irrigation and Construction Company Subdivision, Hidalgo County, Texas; 6712 North Bentsen Road.]

>> NEXT ITEM IS A CONDITIONAL USE PERMIT FOR RICARDO VEGA ON BEHALF OF MARTY AGENCIES PUMPKIN PATCH FOR NORTH BENTSEN.

LOCATED EAST SIDE 960 FEET NORTH OF LARK.

IT IS CURRENTLY ZONED R-1. ADJACENT ZONING R-1 TO THE NORTH, WEST AND SOUTH. AO TO THE EAST.

AGRICULTURE, VACANT HOMES AND VACANT LANDS.

THE CONDITIONAL USE PERMIT FOR THIS USE APPROVED IN 2021.

THE LAST APPROVAL WAS IN AUGUST OF 2022.

THE APPLICANT IS PROPOSING TO CONTINUE OPERATING MADDIE'S PUMPKIN PATCH FROM 8 A.M. TO 8 P.M. DAILY.

THE ITEMS HEARD AT THE AUGUST 22 PLANNING AND ZONING MEETING .NO OPPOSITION AT THAT MEETING AND UNANIMOUSLY DISAPPROVED WITH A FAVORABLE RECOMMENDATION FOR TWO YEARS OPPOSED TO THE THREE.

SENSE THEN, WE HAVE RECEIVED A PETITION FROM SURROUNDING NEIGHBORS. IT HAS NOT TRIGGERED SUPERMAJORITY. ABOUT 16%.

SO SUGGEST ABOUT 4% SHORT OF THE 20 REQUIRED.

WE ALSO HAVE SOME PICTURE THAT WERE SENT IN BY THE NEIGHBORS SHOWING WHAT THEY HAD TO DEAL WITH.

THEY HAVE GIVEN US SOME PD REPORTS.

ONLY ONE OF THEM PERTAINED TO MADDIE'S AND IT WAS BECAUSE OF THE LIVESTOCK YOU SEE IN THESE PICTURES.

I BELIEVE WE HAVE OPPOSITION AS WELL AS THE APPLICANT HERE

TODAY. >>MAYOR VILLALOBOS: ANYBODY HERE TO SPEAK AGAINST THE ITEM? AGAINST?

[00:40:04]

>> COME FORWARD, MA'AM. >> GOOD AFTERNOON, CITY OF MCALLEN, MAYOR AND COMMISSIONERS.

I'M HERE TODAY IN OPPOSITION OF THIS APPLICATION.

I AM ONE OF SEVERAL NEIGHBORING PARTIES BEEN 200 FEET OF THIS BUSINESS. YOU ALL ARE AWARE OF THOSE OPPOSED AS I SUBMITTED THESE SIGNATURES.

I'M HERE BECAUSE OF THE LOCATION OF THIS BUSINESS WHICH IS 200 FEET OF SEVERAL RESIDENCES. IT IS IN A RESIDENTIAL ZONE, WHICH IS AGAINST CITY ORDINANCE. THIS TYPE OF BUSINESS BELONGS OUTSIDE OF CITY LIMITS OR IN A COMMERCIALLY ZONED AREA WHERE THEY DON'T DISRUPT THE DAILY LIVES OR POSE A THREAT TO THE NEIGHBORS' HEALTH, PEACE AND LIVES.

I HAVE SPENT A LOT OF TIME AND MONEY DEVELOPING OUR PROPERTIES TO BE DISRUPTED BY THE COMMON NOISE, LOOSE ANIMALS AND DUST CAUSED BY THE BIG. MAIN INTEREST IS PROPER PARKING, NOISE, DUST AND LOOSE ANIMALS. THE LAST MEETING, I BELIEVE HE SAID HE WOULD BE WATERING THE AREA DOWN SO THERE WOULDN'T BE ANY DUST. I AM NOT AWARE IF HE COMPLIED WITH THIS OR NOT. BUT WHATEVER HE DID, DIDN'T HELP. THE OTHER ISSUE COUNTY NOISE.

WITH AT LEAST 1,000 PEOPLE OF THE TIME WALKING WITHIN ONE FOOT OF MY PROPERTY ALWAYS LOUD AND NO TRANQUILITY IN MY BACK YARD.

THE TRACTORS AND MUSIC CAN BE HEARD AND A DAILY ISSUE.

I UNDERSTAND THE LAST THAT YOU HAD ALSO LIMITED THE BUSINESS HOURS SO THEY WON'T BE OPERATING AT NIGHT.

WHEN DO I GET TO ENJOY MY PROPERTY.

WHAT CONTINUES TO BREAK MY HEART MY GIRLS DON'T HAVE A SAFE, QUIET AND CLEAN BACK YARD WITH LOOSE DONKEYS AND CATTLE WITH HUGE HORNS. ANY BUSINESS IN THE CITY OF MCALLEN IS REQUIRED FOR PROPER PAVED PARKING AND FENCING.

THE LAST TIME WE WERE HERE YOU REQUIRED THEM TO PUT UP A FENCE WITH THE HOPE OF GIVING US PRIVACY.

THEY DID THE BARE MINIMUM JUST TO COMPLY WITH YOUR REQUEST.

THE FENCE WAS NOT DONE PROPERLY AND FALLEN SEVERAL TIMES HOW THEIR ANIMALS ENDED UP ON MY PROPERTY AS WELL AS THE CITY STREETS. THIS IS A SERIOUS ISSUE.

ONE THAT I BROUGHT UP LAST TIME. AND HAS THE POTENTIAL TO BE LIFE-THREATENING. WHAT WOULD HAPPEN IF THOSE LOOSE CATTLE CAUSED AN ACCIDENT? WHAT IF THAT LOOSE CATTLE OR DONKEY KICKED MY INNOCENT GIRLS. PROIK VIED -- I CAN CONTINUE ON AND ON WITH THE WHAT IFS. WHAT WILL IT TAKE FOR THE SAFETY OF MY GIRLS AND FELLOW RESIDENTS TO BE TAKEN WITH UPMOST IMPORTANCE. WOULD IT BE WHEN A WHAT IF IS NOW A TRAGEDY? I HAVE ADVISED THE CITY OF THIS POTENTIAL ISSUE SEVERAL TIMES. UP HOPE OUR CONCERNS WERE TAKEN SERIOUSLY. THE LAST TIME THEY WERE HERE, YOU ADVISED THEM IF SOMETHING LIKE THAT HAPPENED AND THEY WOULD HAVE NO PERMIT. HERE WE ARE AND IT HAPPENED SEVERAL TIMES. I WANT YOU TO DENY THIS PERMIT.

HOPE YOU CAN HAVE A SENSE OF UNDERSTANDING AND PUT OURSELVES IN OUR SHOES. I AM AWARE THAT SEVERAL OF YOU HAVE BEEN TO THE ESTABLISHMENT AND ENJOY IT WITH YOUR FAMILIES.

I AM NOT SURE ON A BUSY DAY, WEEKEND OR A PRIVATE EVENT.

YOU KNOW THE NOISE AND DUST THAT IT CAUSES AND YOU HAVE SEEN THE ANIMALS THAT END UP ON MY PROPERTY AND THE STREETS OF MCALLEN. THIS IS UNACCEPTABLE.

MAKE THE DECISION OF THE RULES AND REGULATIONS THAT THE CITY OF MCALLEN HAVE IMPROSED ON THEIR RESIDENTS AND YOU IMPOSE $ON THIS ESTABLISHMENT AND THIS ORDINANCES WERE SET FOR A

REGION. >> I NEED FOR YOU TO WRAP UP.

THAT IS THREE MINUTES. >> I JUST REALLY HOPE THAT YOU GUYS UNDERSTAND WHAT WE HAVE BEEN PUT THROUGH FOR SEVERAL

YEARS NOW. >> THANK YOU.

>> THANK YOU, MA'AM. >>MAYOR VILLALOBOS: ANYBODY

ELSE AGAINST THE ITEM? >> I HAVE A QUESTION?

>> SIR, IF YOU CAN PLEASE COME UP TO THE MICROPHONE AND IDENTIFY YOURSELF FOR THE RECORD.

>> YES, SIR. LEO CHAL.

I AM ERIKA'S HUSBAND. 2021, WE SUBMITTED THE OPPOSITION AND PETITION. WE HAD A SUPERMAJORITY.

I AM NOT SURE WHAT CHANGED FROM THEM.

FROM WHAT I UNDERSTAND THE SUPERMAJORITY WAS WITHIN 200 FEET. I SHOULD HAVE THAT SUPERMAJORITY NOW. I HAD IT IN 2021.

THAT IS MY ONLY QUESTION. EVERYTHING ELSE MY WIFE SAID.

>> WHAT IS THE QUESTION? >> WHY DON'T I HAVE A SUPERMAJORITY TODAY WHEN I DID IN 20 1 WHEN IT IS WITHIN 200 FEET. NOTHING HAS CHANGED?

>> THAT IS BASED UPON THE CITY RECEIVING EITHER A RECOMMENDATION OF DENIAL FROM THE PLANNING AND ZONING COMMISSION WHICH DID NOT OCCUR WITH THIS APPLICATION, OR RECEIVING THE REQUISITE NUMBER OF SIGNATURES ON A PETITION WITH RESPECT TO THE CURRENT APPLICATION, NOT A FORMAL APPLICATION. SUPERMAJORITY WOULD NOT APPLY

[00:45:01]

TOD TODAY.

>> 200 FEET. >> 400 FEET.

>>MAYOR VILLALOBOS: ANYBODY TO SPEAK FOR THE ITEM?

>> FOR THE LAST TWO YEARS WE HAD A --

>> MY NAME IS RICARDO VEGA, I AM THE APPLICANT.

LAST TWO YEARS, IF MY NEIGHBORS HAD ANY PROBLEMS WITH OUR ESTABLISHMENT, THEY NEVER VOICED THEIR CONCERNS TO ANYBODY.

THEY ARE ONLY MAKING THEIR VOICES HEARD TODAY.

AND ONLY AFTER THE -- OUR COWS ESCAPED TWO WEEKS AGO.

AND ONLY AFTER I -- I SEE THAT SOMEBODY CUT THE FENCE -- THE BARBED-WIRE FENCE THROUGH THEIR SIDE OF THE PROPERTY.

>> JUST TO IDENTIFY MYS MYSELF, JAIME MORALES FOR MR. VEGA. THOSE ARE THE CONCERNS THAT WE HAVE. ONE, WE HAVE BEEN WORKING CLOSELY -- EDGAR RECEIVED NUMEROUS CALLS FROM ME.

WE WERE MADE AWARE OF SOMETHING, HE RESPONDS.

THE FENCE -- AS MR. VEGA NOTED, THERE WAS A BARBED-WIRE FENCE THAT SEPARATED TWO PROPERTIES. THE PROPERTY TO THE SOUTH THAT BELONGED TO MR. CHOW. THE BARBED WIRE FENCE IS THE MOST EFFECTIVE WAY FOR KEEPING AN ANIMAL FROM CROSSING OVER; HOWEVER, THERE WAS THE QUESTION REGARDING THE VISIBILITY, PRIVACY, SO WE PUT UP A PRIVACY FENCE.

THE FENCE WAS INSPECTED BY THE CITY.

IT PASSED MUSTER. HOWEVER, THE BARBED WIRE FENCE ON THE OTHER SIDE WAS CUT. WE ARE NOT SURE BY WHO, BUT MY CLIENT DID NOT -- DID NOT REMOVE IT.

I BELIEVE THE SUPERMAJORITY WASN'T NECESSARY BECAUSE ANOTHER NEIGHBOR THAT NO LONGER HAS ANY OPPOSITION THAT WE ARE AWARE OF.

MR. VEGA HAS ALWAYS BEEN DILIGENT IN RESPONDING TO ANY REQUESTS OR ANY CONCERNS THAT ARE MADE.

THE ANIMALS ARE NOT PART OF THE PUMPKIN PATCH.

I GUESS THAT IS ONE OF THE THINGS THAT MR. VEGA ORIGINALLY BROUGHT IN PROPERTY AS A HOBBY FARM.

PREVIOUSLY HE HAD NUMEROUS CATTLE, A VARIETY OF OTHER ANIMALS ON THE PROPERTY. HES BEEN REMOVING THEM.

TO THIS POINT, DOWN TO TWO COWS AND THREE DONKEYS.

BUT IF THE PUMPKIN PATCH WAS NOT APPROVED, THE ANIMALS WOULD STILL BE THERE. THIS AREA DOES ALLOW ANIMALS AS FAR AS I AM AWARE. THERE HAS NEVER BEEN AN ISSUE, BUT AS FAR AS IT BEING A FUNCTION OF THE PUMPKIN PATCH, THEY ARE KIND OF TWO SEPARATE PARTS.

AND, GERN, MR. VEGA IS OPEN TO ANY WAY TO RESOLVE OF THAT ISSUE IF THAT IS THE PRIMARY ISSUE. HE DOES HAVE PARKING.

I BELIEVE THERE IS PARKING ATTENDANTS.

HE HIRES OFF-DUTY OFFICERS TO COME IN TO MAKE SURE THAT THERE IS NOT OVERFLOW ON TO THE PUBLIC STREET.

AND I BELIEVE THAT WAS ADDRESSED -- I THINK THAT WAS A CONCERN.

SO I BELIEVE -- I AM NOT SURE IF THAT WAS THAT KIND OF ISSUE WHEN A FEW MEMBERS HAD MADE THE TRIP OUT THERE, BUT HE HAS KIND OF THE TICKETING -- INTO THE INTERIOR OF THE PROPERTY TO TRY TO PREVENT ANY OVERFLOW. HE IS LEASING ANOTHER PIECE OF PROPERTY TO THE NORTH OF HIM. IN ORDER TO USE AS AN OVERFLOW PARKING LOT. SOME OF THE CONCERNS ABOUT DAMAGED PROPERTY ISN'T REALLY AN ISSUE OR WE WEREN'T AWARE THAT WAS AN ISSUE. IS THAT MY WARNING.

>> THAT IS YOUR TIME. >>MAYOR VILLALOBOS: WHAT -- IS THIS OPEN THROUGHOUT THE YEAR OR JUST TEMPORARILY?

HOW DOES IT WORK? >> I BELIEVE THE C.U.P. IS FOR THE YEAR, HOWEVER IT OPERATES PRIMARILY AS A PUMPKIN PATCH THAT WILL USUALLY OPERATE -- PRETTY SOON?

>> FROM SEPTEMBER THROUGHED END OF THE YEAR.

AND PEOPLE COME IN AND TAKE PICTURES.

IT IS A WAY TO PRESERVE, YOU KNOW, THE OLD RANCH --

THEY LIKE THAT EXPERIENCE. >> SIR, IF YOU COULD PLEASE SPEAK IN THE MICROPHONE TO PRESERVE YOUR COMMENTS FOR THE

RECORD. >> SO PEOPLE STILL LIKE THE IDEA OF GOING OUT TO A FARM-STYLE ENVIRONMENT WITH THEIR FAMILIES TO TAKE PICTURES. THAT IS WHAT WE ARE ABOUT.

WE ARE ABOUT KEEPING THE OLD TRADITIONS ALIVE.

>> PRIMARILY SET UP AS A PHOTO REN EWE.

A TRAIN THAT TAKES PEOPLE AROUND THE PROPERTY.

NOT SOMETHING WHERE HE IS TRYING TO HAVE LARGE PROPERTIES AND HAVE NOISE. HE IS DOING EVERYTHING HE CAN TO MITIGATE ANY DISRUPTION TO THE JABS, FARCE THE FENCE, ALTERING HOURS AND CREATING ADDITIONAL PARKING, TRYING TO CONTROL THE FLOW OF THE PARKING. AND LIKE BESIDE, THE ANIMALS ARE A SECONDARY. NOT PART OF WHAT EGG TRYING TO DO WITH THE PUMPKIN PATCH. SO IF THAT IS SOMETHING WE ARE

[00:50:04]

OPEN TO -- TO -- A REQUEST ON BEHALF OF THE COUNCIL.

>> I HAVE A QUESTION. SO ON A BUSY DAY, HOW MANY PEOPLE, COULD ACTUALLY BE AT THAT PLACE?

>> AT ONE TIME, I WOULD SAY ANYWHERE BETWEEN 100 TO 200.

BECAUSE -- ATTRITION, THEY COME AND LEAVE.

THEY COME AND LEAVE. SO -- AT ONE TIME, ABOUT 200.

AND THEY ARE MOSTLY TOWARD THE BACK AREA, NOT CLOSER TO THE ROAD OR ANY RESIDENCES. AS SOME OF YOU GUYS SAW WHEN YOU WENT OUT THERE. THEY STAY BEHIND THE HOUSE AND AMONGST THE TREES. SO IN THAT AREA.

THEY ARE MOSTLY TAKING PICTURES. THEY ARE NOT DRINKING, LAUGHING, CARRYING ON. BASICALLY ABOUT THE PICTURES.

>> SO YOUR PROPERTY IS ADJACENT TO THEIR PROPERTY?

>> YES, SIR. >> AND WE DID PUT UP THE WOOD FENCE AS WAS REQUESTED AND TO THE HEIGHT THAT WAS REQUESTED.

AGAIN, THE NEIGHBORS DID PUT UP A -- A -- A CINDERBLOCK FENCE AROUND THE OTHER PORTION OF THE PROPERTY BUT NOT BETWEEN -- NOT BETWEEN THEIR PROPERTY AND MR. VEGA'S PROPERTY.

AND MR. VEGA HAD THE BARBED-WIRE FENCE AND PUT UP THE FENCE AS REQUESTED. AND WHATEVER WE NEED TO DO, HE

IS WILLING TO DO. >> WE DID GET PICTURES OF THE WOOD FENCE. IT APPEARS TO BE POORLY TAKEN CARE OF IN CERTAIN PARTS. I AM SURE IT IS VISIBLE AT ALL TIMES? THE WOODEN FENCE IS SOMETHING THAT WE UNDERSTAND THAT THINGS FALL AND SOMETHING, BUT SOMETHING YOU SHOULD BE ABLE TO REPAIR FAIRLY QUICKLY.

>> YES, WE HAD RECENT STORMS. AND A LOT OF AREAS.

IN THAT AREA, I THINK A TORNADO ACTUALLY WENT THROUGH THERE AND UPROOTED SOME TREES AND WE ENDED UP REPAIRING THE FENCE AFTER

THAT. >> THE FENCE RIGHT NOW AT THIS

POINT IS -- >> IT IS UP.

>> FULLY REPAIRED, UP, NO HOLES? >> NO NO, SIR.

>> MR. VEGA, WHEN YOU CAME HERE SOME TIME BACK, THERE WAS SOME CONCERN FROM THE NEIGHBORS. OBVIOUSLY THE CHOW FAMILY HAD SOME RESERVATIONS. I SPOKE TO YOU ON VARIOUS OCCASIONS ABOUT THESE MATTERS. NOT NECESSARILY ABOUT THE BUSINESS ITSELF. I THINK WHAT YOU PROVIDE IN TERMS OF A VENUE FOR PEOPLE TO SPEND THE -- HOPEFULLY COMING COOLER WEATHER IN THE FALL. SPEND FAMILY TIME IN THE WEEKEND AND THROUGH THE DAY. I HAVE BEEN OUT THERE A COUPLE OF TIMES. YAURND BUSIEST DAY ARE ON THE WEEKEND COMPARED TO THE REST OF THE BUSINESS WEEK.

BUT MY CONCERN AS THE COMMISSIONER FOR THIS PARTICULAR DISTRICT. I HAVE BEEN VERY MUCH IN TUNE WITH THE RESIDENTS AND MYSELF. YOU GOT A PHONE CALL WITH ME TODAY ABOUT THE LIVESTOCK. I UNDERSTAND THAT THE LIVESTOCK IS PERIPHERAL TO YOUR OPERATION, BUT MY ISSUE IS THE COMPLIANCE PART. IS -- AT LEAST -- WHEN I ADDRESSED YOU, THIS WHOLE AREA, THIS PART OF TOWN IS IN TRANSITION, GOING FROM RURAL TO URBAN.

AND IT IS GOING TO BE CONTINUING THAT WAY.

AND -- I BELIEVE AT LEAST WHEN I SPOKE WITH MR. CHOW THAT BARBED-WIRE FENCE BELONGED TO HIM.

HIM BEING THE PROPERTY OWNER HAS EVERY RIGHT TO PUT UP OR TAKE DOWN AS LONG AS IT IS IN THE PROPERTY LINE.

IF THAT WOULD HAVE PREVENTED THE LIVESTOCK, MAYBE, MAYBE NOT.

THE COMPLIANCE TO MAKE SURE THAT FENCE WAS BEING MAINTAINED SO YOU WOULDN'T HAVE AN INCIDENT LIKE WHAT YOU JUST SAW ON THE TELEP TELEPROMPTER, THE DONKEYS GOING UP TO THE DOORBELL. KIND OF HILARIOUS BUT REALLY ISN'T. A PRIVATE PROPERTY OWNER'S PROPERTY AND LIVESTOCK GOING ON TO HIS PROPERTY.

ANOTHER PICTURE -- WHICH I AM A LONGHORN FAN, BUT I WOULDN'T WANT A LONGNORTHERN MY BACK YARD.

THAT A DEEP CONCERN. THEY HAVE SMALL CHILDREN OR GUESTS, YOU KNOW, SOME FOLKS JUST DON'T KNOW HOW TO INTERACT WITH LIVESTOCK. I AM ONE INCLUDED.

I THINK THERE HAS TO BE A DUTY OR RESPONSIBILITY FOR THE OWNER TO BE SURE THAT THAT IS INHIBITED AND CERTAINLY WERE PRE PREVENTED.

THE ISSUE IS THE COMPLIANCE PART, MR. VEGA, AS I SPOKE TO YOU EARLIER THIS AFTERNOON AND IN PAST TIMES.

THAT IS THEIR CONCERN. I DON'T THINK THEY HAVE A PROBLEM WITH YOUR OPERATION, BUT THE ISSUE IS THE COMPLIANCE

PART. >> I GUESS IN RESPONSE, WE ARE FOLLOWING REMOVE THE LIVESTOCK COMPLETELY FROM THE PROPERTY IF THAT IS GOING TO MAKE -- IF THAT -- IF THAT IS THE PRIMARY ISSUE.

LIKE I SAID, IT IS ANCILLARY TO WHAT HIS BUSINESS.

THE LIVESTOCK IS -- IS AN IMPEDIMENT FOR HIM TO CONDUCT HIS BUSINESS, HE CAN REMOVE. HE HAS OTHER PROPERTY TO REMOVE

AND PLACE THAT LIVESTOCK. >> AGAIN COMPLIANCE.

IF HE WAS UPDATING, MAINTAINING AND ASSURING.

I UNDERSTAND MR. VEGA, YOU DON'T LIVE ON THAT PROPERTY.

>> CORRECT. WE WORK THERE EVERY DAY.

ABOUT FIVE, SEVEN, EIGHT HOURS A DAY.

>> A MAINTENANCE ISSUE. YOU SAW AND OBSERVED SLATS OR

[00:55:03]

PICKETS THAT WERE MISSING OR SAW AND OBSERVED THERE WAS A BARBED WIRE WAS THERE ONE DAY AND NOT LONGER THERE.

AS A PROPERTY OWNER, I WOULD THINK YOU WOULD HAVE THE DUTY TO BE SURE THAT LIVESTOCK WAS NOT TRESPASSING ON TO ANOTHER PERSON'S PROPERTY. OKAY.

AND THAT IS A CONCERN I SHARE, BECAUSE HAD THAT BEEN DONE, HAD THE STEPS AND EFFORTS AND DILIGENCE HAVE BEEN EXERCISED TO MAKE SURE THAT INCIDENT THAT HAS BEEN REPORTED, WOULD YOU NOT HAVE ANY OPPOSITION OTHER THAN MAYBE THE DUST THAT IS BEING RAISED. I SAW THE TRACTOR WITH THE BIG WATER TANK MITIGATING. I SAW THAT YOU USE IT.

MOST OF THE PARKING THAT YOU HAVE IS ACTUALLY ON THE NORTH SIDE OF THE PROPERTY THAT YOU LEASED OUT FROM THE OTHER PROPERTY OWNER. I UNDERSTAND.

YOU DO THAT MITIGATION. BUT OTHER ISSUE ON THE FENCE, I AM NOT SATISFIED. I AM CONCERNED ACTUALLY WITH REGARDS TO YOUR LEVEL OF COMPLIANCE WITH THE SPIRIT OF THE CONDITIONAL USE PERMIT. SO AS TO NOT TO IMPAIR THE ENJOYMENT OF YOUR NEIGHBORS WHO RESIDE IN A RESIDENTIAL HOME, LIVE THERE 365 DAY AS YEAR, AND WOULD LIKE TO HAVE THEIR SAFETY

AND SECURITY MAINTAINED. >> IF I MAY, I GUESS MY ONLY RESPONSE WILL BE, THERE WAS -- I BELIEVE THREE REPORTS -- I ASSUME THEY WERE WITH RESPECT TO ANIMAL BUT ONLY RESPECT WITH MR. VEGA. OTHER ANIMALS COWS, GOATS AND THAT GET LOOSE. I UNDERSTAND WE ARE HERE PEOPLE AREALLY BECAUSE THE C.U.P. BUT, HOWEVER, THEY -- -- I GUESS.

MR. VEGA IS DOING EVERYTHING HE CAN.

BUT ANIMALS DO TEND TO GET OUT. I BELIEVE --

>> I AM DISAGREEING WITH YOU, MR. MORALES.

I AM GOING TO RESPECTFULLY DISAGREE WITH YOU THAT HE IS DOING EVERYTHING HE CAN. GO AHEAD.

I AM SORRY. >> I GUESS THE ONLY THING HE CAN DO IS REMOVE THE ANIMALS FROM THE PROPERTY.

I BELIEVE THE INCIDENT -- THE PICTURES WE ARE TALKING ABOUT WERE APPROXIMATELY TWO WEEKS AGO.

AND THAT KIND OF THE REALLY REAL INCIDENT THAT WE ARE AWARE OF.

SHORT OF THAT, WE HAVE GONE A GREAT AMOUNT OF TIME -- AGAIN, IF SOMETHING THAT HAPPENED FREQUENTLY, MULTIPLE TEAMS, I UNDERSTAND. BUT LIKE I SAID, OUR BEST RESPONSE IS, WE WILL REMOVE THE ANIMALS.

>>MAYOR VILLALOBOS: ANYBODY ELSE?

ANY OTHER QUESTIONS? >> I AM DONE.

>> I MEAN, JUST -- JUST TO ADD -- SOME DISCUSSION IT.

YOU CAN REMOVE THE ANIMALS, BUT NOT REMOVE THE TRAFFIC.

YOU KNOW, I THINK ONE OF THE ARGUMENTS WAS THAT THERE IS A LOT OF PEOPLE. THERE ARE PEOPLE NEXT TO THEIR HOUSE. AND IT IS A NUISANCE FOR THEM.

AND IT IS -- IT IS BOTHERING THEM.

CAUSING OTHER PROBLEMS. AND I CAN IMAGINE DURING THE BUSY TIME THAT, YOU KNOW, THEY ARE NOT IN A COMFORTABLE STATE.

THEM LIVING IN A R-1 STATE AND SITUATION RIGHT ADJACENT TO YOUR PROPERTY, HAVING TO DEAL WITH A LOT OF PEOPLE RIGHT NEXT TO THEM. ADJACENT PROPERTY.

SO JUST REMOVING THE LIVE STOCK IS NOT GOING TO REMOVE THE TRAFFIC. AND AND THE DUST AND EVERYTHING THAT COMES ABOUT BY HAVING A BUSINESS RIGHT NEXT TO YOUR PROPERTY, RIGHT. SO, I THINK THAT IS SOMETHING THAT -- THAT SHOULD ALSO BE CONSIDERED HERE.

>> TRAFFIC IS ON THE NORTH PART? >> I GUESS THE ISSUE WITH THE TRAFFIC. AGAIN, UNDERSTAND WE ARE BEING TOLD THERE ARE ISSUES WITH THE TRAFFIC, HOWEVER, HE HAS PEOPLE THERE TO CONDUCT -- TO CONTROL THE TRAFFIC.

THERE HAVEN'T BEEN A SINGLE PHOTO.

I BELIEVE WE WERE HERE -- I BELIEVE IT WAS TWO HEARINGS AGO WHERE THERE WAS PHOTOS OF PEOPLE PARKED ALONG THE DITCH.

PEOPLE -- THE ROAD BACKED UP. THAT -- THERE IS NO SUCH PICTURES ANYMORE. A LOT OF THESE COMPLAINTS ARE THE SAME ONES THAT WERE ISSUED BEFORE.

HOWEVER, HE ADDRESSED THOSE. TO ME, AGAIN, THE PARKING ON THE NORTH SIDE. HE HAS A WAY TO CONTROL THE FLOW OF EXITING OF ANY VEHICLES. ON THE NORTH SIDE AWAY FROM THE CHOWS. HE HAS SPOKEN TO THE NEIGHBORS ON THE NORTH SIDE. THEY WERE PREVIOUSLY OPPOSED.

THEY DON'T HAVE ANY ISSUES ANYMORE.

AGAIN, WE HEAR A PROBLEM. WE FIX IT.

AND, AGAIN, ANIMALS HAVE NOT BEEN A PROBLEM UNTIL THE INCIDENT THAT OCCURRED TWO WEEKS AGO.

THAT IS WHY -- THAT IS HIS -- THAT IS HOW WE WOULD FIX IT.

>>MAYOR VILLALOBOS: THE WISHES OF THE COMMISSION?

>> MAYOR, AT THIS TIME, I MAKE A MOTION TO DENY THE CONDITIONAL USE PERMIT AS MADE BY THE APPLICANT.

>> I WILL SECOND THE MOTION. >>MAYOR VILLALOBOS: THERE BEING

A MOTION AND A SECOND. >> IF THERE IS SOME PROVE.

THIS IS JUST DISCUSSION? >>MAYOR: YES, SPECIFIC INSTEAD COUNTY TWO YEARS, MAYBE -- GIVE THEM ONE YEAR SO THEY CAN FIX AND IMPROVE -- FROM TWO TO ONE. IN THIS ONE, IF THEY ARE NOT

[01:00:01]

GOOD NEIGHBORS, THEN WE CAN DENY IT ALL THE WAY.

>> I THINK ALL THINGS BEING FAIR, HAD THERE BEEN MORE DILIGENCE, I WOULD LIKE TO HAVE SEEN THAT THE APPLICANT WOULD HAVE HONORED THOSE CONDITIONS, BUT I DON'T SEE THAT TODAY.

>> WHY INSTEAD OF TWO YEARS, GIVE THEM ONE.

MAYBE IT CAN BE A SIX-MONTH PERIOD.

AND GET THE THINGS GOING AND -- AND REPAIRED AND SHOW THAT THEY

CAN REALLY COMMIT. >> I UNDERSTAND THE ADVOCACY, COMMISSIONER, BUT WITH ALL DUE RESPECT, COMMISSIONER, I HAD UP TO TEN TIMES I HAD PHONE CALLS WITH MR. VEGA AND WITH THE CHOWS THREE OR FOUR TIMES, AND THREE OR FOUR TIMES WITH OTHER NEIGHBORS. I CAN'T RECALL THEIR NAME.

>>COMMISSIONER AGUIRRE: ACROSS THE STREET OR VERY CLOSE IS A

NEIGHBORHOOD. >> PLANTATION GAP.

>> DO THEY HAVE A HOA AT PLANTATION.

HAVE THEY BEEN OPPOSED? OR THOSE RESIDENTS BEEN OPPOSED

TO IT? >> TO OUR KNOWLEDGE, WE ARE NOT

AWARE. >>COMMISSIONER AGUIRRE: I AM ASKING. NOT TO MY KNOWLEDGE, EITHER.

IT IS A LARGE SUBDIVISION AND ACROSS THE STREET.

>> BUT MAYBE EIGHT OR TEN LOTS OF THAT SUBDIVISION ARE WITHIN

THAT 400-FOOT VARIANCE. >>COMMISSIONER AGUIRRE: YEAH, BUT -- JUST FOR MY KNOWLEDGE. I WANTED TO KNOW IF THERE HAD

BEEN OPPOSITION THERE. >>MAYOR VILLALOBOS: OKAY.

ANY OTHER DISCUSSION? THERE BEING NONE -- EXCUSE ME -- A FIRST AND A SECOND TO DENY. OTHER WISHES OF THE COUNCIL.

ALL IN FAVOR TO DENY. ALL AGAINST.

MOTION FAILS. DO I HAVE ANY OTHER MOTIONS?

>> I THINK I WILL GIVE THEM THE OPPORTUNITY OF SIX MONTHS TO COMPLY WITH EVERYTHING THAT IS -- THAT WAS MENTIONED BY THE -- BY THE NEIGHBORS AND REVISIT AFTER THAT.

AND -- IF THEY DON'T COMPLY, THEN WE WILL CHECK AND DO ANO ANOTHER.

>>MAYOR VILLALOBOS: COUNSEL, CAN WE HAVE A CERTAIN AMOUNT?

>> CONDITIONAL USE PERMIT AND YOU CAN HAVE A TIME LIMIT AND MOTION INCLUDES ALL THE CONDITIONS.

>> MAYOR, I DON'T MEAN TO INTERRUPT THE DISCUSSION, BUT MR. CHOW HAS INDICATED WE WOULD LIKE TO ADDRESS THE BOARD, IF

THAT IS OKAY. >> ONE MORE THING.

MR. ZAMORA. THE PICTURE I SENT TO YOU EARLIER. YOU ARE RIGHT, I DID SEND IT TO YOU. TWO MONTHS AFTER IT WAS PASSED.

THE FIRST IN 2021. AND THE SAME ONE.

THE SAME YEAR BUT TWO MONTHS LATER.

SO RIGHT AWAY IT STARTED FAILING.

>> PLEASE DESCRIBE TO THE BOARD THE PICTURES THAT YOU ARE TALKING ABOUT? DESCRIBE WHAT IS BEING DEPICTED.

>> COWS IN THE MIDDLE OF BENTSEN ROAD.

IF ANYBODY IS ON THEIR CELL PHONE, WHICH THE MAJORITY OF PEOPLE ARE, AND THEY SHOULDN'T BE, THEY WILL HIT THAT COW IF

THEY ARE NOT PAYING ATTENTION. >> WHO DOES THE COWS BELONG TO.

>> THEY BELONG TO MR. VEGA. >>MAYOR VILLALOBOS: SEVERAL

INCIDENTS AND I DON'T KNOW. >> THE POLICE REPORTS -- I HAVE THE POLICE REPORTS. UP SPOKE WITH MR. ZAMORA.

I CALLED. THEY SAY THAT YOU CAN LOOK WITH A TICKET ORION WHAT BECAUSE ANIMAL CONTROL.

NOT THE PD. I AM NOT SURE.

>>MAYOR VILLALOBOS: IS HE ALLOWS TO HAVE COWS WHETHER HE

HAS A CONDITIONAL USE PERMIT? >> THAT PROPERTY USE IS BEING ANNEXED .BASICALLY A NONCONFORMING USE.

SO THEY ARE ALLOWED TO MAINTAIN WHAT THEY HAVE.

IF THEY GO DOWN, THEY CAN'T GO BACK UP.

>>MAYOR VILLALOBOS: SO WHETHER HE GETS A CONDITIONAL USE PERMIT FOR THE PUMPKIN PATCH OR NOT, HE CAN STILL HAVE THE COWS.

>> THAT'S CORRECT, SIR. >>MAYOR VILLALOBOS: MOOTS THE

ISSUE. >> I DID WANT TO SAY ONE MORE THING. WE WERE HERE THE LAST TIME, AND YOU GUYS DID GIVE HIM A YEAR TO BE COMPLIANT.

AND THAT'S WHY WE ARE HERE AGAIN.

>> IT WAS TWO YEARS? >> NO.

>> THE VERY FIRST TIME WE WERE NEAR 2021.

GUYS APPROVED AND HERE WE ARE WITH THE SAME ISSUE.

I DON'T SEE HOW SIX MORE MONTHS IS GOING TO CONTINUE TO HELP US.

>> THEY ARE PROPOSING FOR THE ANIMALS TO BE GONE.

THAT IS WHAT I HEARD. >>MAYOR VILLALOBOS: THROW AS DIFFERENT WRENCH, BECAUSE REGARDLESS OF CONDITIONAL USE OR NOT. HE CAN HAVE FIVE, TEN COWS REGARDLESS. NOT AN ISSUE.

THE ISSUE IS THE OPERATION OF THE PUMPKIN PATCH.

WE NEED TO MAKE SURE THAT IF THE COMMISSION IS LEANING TO DO IT, THAT EVERYTHING THAT IS REQUIRED BE DONE.

OTHERWISE, I CAN ASSURE YOU CHANCES ARE IT IS GOING TO GET

PULLED. >> IT CAN BE PULLED AT ANY TIME, ACTUALLY. SO -- I FEEL MORE COMFORTABLE -- IS THE -- IF THE ANIMALS ARE GOING TO BE REMOVED.

IT SEEMS IT SHOULD BE -- >>MAYOR VILLALOBOS: THE ONLY PROBLEM IS, COMMISSIONER, THAT IT IS A NONCONFORMING USE.

IF HE REMOVES ALL THE ANIMALS, HE WON'T BE A ABLE TO PUT THEM

[01:05:05]

BACK ON EVEN IF THE PUMPKIN PATCH.

>> THE MORE IMPORTANT ISSUE IS THE MAINTENANCE OF THE FENCE AND THAT'S WHERE THE DILIGENCE HAS BEEN LACKING.

>> UP TO THEM TO. >>MAYOR VILLALOBOS: IN OTHER

WORDS, IT IS UP -- >> SIX MONTHS AND CAN BE PULLED AT ANY TIME. ANYWAYS.

>> AGAIN, MY CLIENT IS FOLLOWING REINFORCE THE FENCE.

THE CATTLE. HE HAS TO UNDERSTAND IF THEY PULL THEM OFF, THEY WON'T BE ABLE TO BE BACK ON THERE.

IF THAT IS SOMETHING YOU ARE OKAY WITH.

AND FINALLY, WE ARE WILLING -- THE PUMPKIN PATCH IS THE MAIN BUSINESS. RUNS FROM SEPTEMBER THROUGH DECEMBER. IT HAD BEEN EXTENDED FOR OF THE

FULL YEAR, HOWEVER, IT -- >>MAYOR VILLALOBOS: I THINK FOR

AT LEAST SIX MONTHS. >> EXCUSE ME?

>> STRUCK OIL FOR SIX MONTHS, MR. MORALES.

>>MAYOR VILLALOBOS: A SECOND ON THE MOTION.

>> YOU HAVE A MOTION FROM COMMISSIONER DE VACA.

YOU DON'T HAVE A SECOND. >> SECOND OR NOT FOR A

CONDITIONAL USE FOR SIX MONTHS. >> FOR SIX MONTHS?

I WILL SECOND. >>MAYOR VILLALOBOS: THERE BAG FIRST AND A SECOND. ALL IN FAVOR.

ALL AGAINST. MOTION CARRIES.

[2. Request of Eziquel Ortiz, for a Conditional Use Permit, for one year, and adoption of an ordinance for a bar (Eutopia) at Lot 3, North Park Village Subdivision Phase 2, Hidalgo County, Texas; 1200 Auburn Avenue Suite 320.]

OKAY. WE HAVE -- WHERE ARE WE AT?

C-2. >> THIS CONDITIONAL USE PERMIT 1200 AUBURN WAS NOT ABLE TO BE HEARD BY PLANNING AND ZONING COMMISSION SO RERECOMMEND TO TABLE IT.

>> A MOTION TO TABLE. >> TABLE.

>> I ABSTAIN FROM THAT ITEM. >> SECOND.

>>MAYOR VILLALOBOS: ALL IN FAVOR, SAY AYE, AGAINST.

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

MOTION CARRIES. NEED A MOTION TO AMEND THE ZONING ORDER NANCE OF THE CITY OF MCALLEN.

ALL IN FAVOR, SAY AYE. AGAINST.

MOTION CARRIES. ITEM D.

[E) Public Hearing on the City of McAllen's Proposed Budget for Fiscal Year 2023-2024.]

>> ITEM E IS PUBLIC HEARING ON THE CITY OF MCALLEN PROPOSED BUDGET FOR FISCAL YEAR 2023-2024.

>>MAYOR VILLALOBOS: PUBLIC HEARING, YES, MA'AM.

WE RESPECTFULLY REQUEST THAT YOU DON'T BEAT US UP TOO MUCH.

>> NEVER. CAMILLA COURT.

I AM SPEAKING ON THE PROPOSED BUDGET.

I HAVE OBSERVED MOST OF THE CITY OF MCALLEN BUDGET WORKSHOPS FOR FUTURE RGV FOR QUITE A FEW YEARS.

MY OVERALL IMPRESSION THIS YEAR WAS VERY POSITIVE THAT MCALLEN HAS COME THROUGH DIFFICULT YEARS AND PROJECT A $655 MILLION BUDGET WITH A PROPERTY TAX DECREASE, WHICH IS 45-PLUS CENT PER 100 FROM LAST YEAR'S 47-PLUS PER 100.

SO THAT IS VERY GOOD. THE CITY OF MCALLEN'S INCOME CONTINUES TO BE MORE STABLE WITH LESS DEPENDENCE ON SALES TAX REVENUE AND MORE ON AD VALOREM REVIEW DUE TO GROWTH IN THE CITY. THIS IS IMPORTANT SINCE MORE SALES TAX INCOME THAT USED TO COME TO MCALLEN NOW GOES TO OTHER CITIES, WHICH HAVE INCREASED THEIR STORES AND THE LIKE. THE DAYS OF WORKING CAPITAL IS PROJECTED TO BE 201 DAYS AND THAT THIS, TOO.

>> VERY GO-- IS VERY GOOD. FUND SAFETY, PARKS, OPERATION AT TWO BRIDGES, PUBLIC UTILITY AND MORE AND PUBLIC SAFETY AS USUAL CONTINUES TO BE ABOUT HALF OF THE BUDGET WE HAVE A SAFE CITY.

THAT IS GOOD. A SEVEN-YEAR PLAN TO IMPROVE EMPLOYEE RETENTION WITH CONTINUED PAY RAISES AND 1.5% TO 3% COLA, WHICH IS ALSO VERY IMPORTANT AND LONGEVITY PAY WHICH WILL BE STARTING IN NOVEMBER FOR LONG-TERM MCALLEN EMPLOYEES. THIS IS VITAL TO RETAIN A WELL-TRAINED AND A WELL TRAINED GROUP OF EMPLOYEES AND SHOULD HELP MCALLEN OVERALL AND, OF COURSE, THERE ARE 17 NEW POSITIONS. CAPITAL IMPROVEMENTS PROJECTS INCLUDE AIRPORT IMPROVEMENTS. I WAS VERY PLEASED THEY ARE GOING TO HAVE A PARALLEL RUNWAY FEASIBILITY STUDY AGAIN.

AND I WOULD LIKE TO KNOW MORE ABOUT THE FEASIBILITY STUDY FOR THE SECOND RUNWAY THAT WAS DONE TWO YEARS AGO, I BELIEVE, AS WELL AS THIS ONE. I THINK THIS IS VERY IMPORTANT, BECAUSE OBVIOUSLY IF ANYTHING HAPPENS TO OUR ONE RUNWAY, MCALLEN IS IN SERIOUS TROUBLE. CAPITAL IMPROVEMENTS INCLUDED PUBLIC SAFETY, STREETS AND DRAINAGE.

[01:10:02]

THE FIRE FIGHTER TRAINING FACILITY GOT FOUR MILLION PLUS.

DRAINAGE IMPROVEMENTS, $6 MILLION PLUS.

DID I SAY 4,000 ON FIRE FIGHTER TRAINING.

THAT WAS $4 MILLION. I BEG YOUR PARDON OPINION DRAINAGE IMPROVEMENTS, VERY IMPORTANT, $6 MILLION.

STREET IMPROVEMENTS AND REPAVING, $2 MILLION-PLUS.

SOUTH SIDE PARKS, TO BRING THEM EQUABLY THERE, $1 MILLION-PLUS.

A SMALL CITY FIBER PROJECT WAS INCLUDED AND THE CITY HALL EXPANSION, THE DESIGN WAS FUNDED, BUT ABOUT $21 MILLION-PLUS WAS PUT ON THE BUOY RESERVOIR PROJECT WHICH IS ALSO VERY IMPORTANT FOR MCALLEN. THE DEVELOPMENT CORP FUNDING INCLUDED SOME VERY IMPORTANT QUALITY-OF-LIFE PROGRAMS. I AM ALMOST THROUGH. CAN I FINISH? THANK YOU. THOSE QUALITY OF LIFE PROGRAMS ARE THE UUT-RVG MEDICAL SCHOOL FOR A $1 MILLION NURSING AND ALLIED HEALTH PROGRAMS, $500,000 AND A BIG PLUS FOR MCALLEN'S ECONOMY AS WELL THE HEALTH OF MCALLEN AND THE RGV.

8U HEAVY HITTERS QUINTA HA AT THAT LAN.

AND THE PLAN RECEIVED ABOUT 54 MILLION PLUS.

MCALLEN HERITAGE CENTER WAS RECOGNIZED WITH OVERALL FUNDS FROM 2022 OF $75,000 FOR AN EXPANSION DESIGN STUDY, BUT HELP ON THE THREE-STORY ANNEX PROJECT WAS NOT DETERMINED.

THE MCALLEN HERITAGE CENTER MADE A STRONG CASE FOR THE NEED FOR A THREE-STORY ANNEX TO ENSURE FUTURE GROWTH AND SUCCESS OF A MUSEUM IN DOWNTOWN MCALLEN. AND I IMPLORE YOU, EACH OF YOU ON BEHALF OF THE MUSEUM BOARD, THE EXECUTIVE DIRECTOR AND STAFF AND AS WELL AS THE CARBON MONOXIDE MCALLEN TO RECONSIDER YOUR POSITION ON THIS MUCH-NEEDED PROGRAM.

THE ANNEX WILL BE A CITY ASSET AND IS VERY IMPORTANT TO OUR CITY, OUR PEOPLE AND OUR HISTORY.

BUT OVERALL, THE MCALLEN BUDGET FOR 2023, 2024 IS MEETING A NUMBER OF IMPORTANT MCALLEN NEEDS IN SAFETY AND SERVICES AND QUALITY OF LIFE. AND I VERY STRONGLY SUPPORT ITS ADOPTION. THANK YOU.

. >>MAYOR VILLALOBOS: THANK YOU

VERY MUCH. >> WE REALLY DO APPRECIATE IT.

>>MAYOR VILLALOBOS: YOU SAW YOU IN EVERY WORKSHOP.

I WISH WE HAD MORE CIVIC-MINDED INDIVIDUALS HERE IN OUR GREAT

CITY OF MCALLEN LIKE YOU. >> WELL, I AM JUST VERY GRATEFUL THAT WE HAVE PEOPLE WHO CARE ENOUGH ABOUT OUR CITY THAT THEY TAKE ON THE JOB THAT YOU GUYS ARE TAKING ON.

I DON'T ALWAYS AGREE WITH YOU, BUT I REALLY VALUE THE FACT THAT YOU CARE ENOUGH ABOUT OUR CITY THAT YOU TAKE THIS ON.

AND I WANT TO THANK YOU FOR WHAT YOU DO.

>> THANK YOU. >> THANK YOU.

>> I WAS GOING TO SAY ALL THAT. [LAUGHTER] BUT, SO, THANK YOU, NEDRA. ONLY ANYTHING I WILL RELATE WE ARE REFUSING THE PROPERTY TAX OF 2.2%.

>>MAYOR VILLALOBOS: EXCELLENT. ANYBODY ELSE? WE WILL CLOSE THE PUBLIC HEARING.

[2. CONSENT AGENDA]

NEXT WE HAVE CONSENT AGENDA. ITEMS A-K.

DO WE NEED TO PULL ANYTHING? >> MOTION TO APPROVE 2-A TO 2-K.

[ END OF PUBLIC HEARING]

>>MAYOR VILLALOBOS: ALL IN FAVOR, SAY AYE.

AGAINST? MOTION CARRIES.

THANK YOU FOR YOUR PRES PRESENCE, NEDRA.

[3. BIDS/CONTRACTS]

[A) Award of Contract for the Verdin Avenue Drainage Improvements Project.]

OKAY. ITEM 3.

>> 3-A AWARD OF CONTRACT FOR THE VERDIN AVENUE DRAINAGE

IMPROVEMENT PROJECTS. >> MAYOR AND COMMISSION, THIS PROJECT FOCUS ON LOCALIZED FLOODING ISSUES ALONG THE 2700 BLOCK OF VERDIN AVENUE, STORM UPGRADES, 225 LINEAR FEET OF STORM, JUNCTION BOXES. STAFF RECOMMENDS AWARD OF THE CONTRACT TO THE LOWEST RESPONSIVE BIDDER.

ARTILLERY LCC IN THE AMOUNT OF $107,780 WITH CONTRACT TIME NOT TO EXCEED 45 DAYS. A MAP FOR REVIEW OF LOCATION AND

OPEN IT UP FOR ANY QUESTIONS. >>MAYOR VILLALOBOS: ANY

QUESTIONS. >> MOTION TO APPROVE.

>> SECOND. >>MAYOR VILLALOBOS: ALL IN FAVOR, SAY AYE. AGAINST.

[B) Award of Contract for the Mona Avenue Drainage Improvements Project.]

MOTION CARRIES. ITEMB.

>>B, IS AWORD OF CONTRACT FOR THE MONA AVENUE DRAINAGE

IMPROVEMENT PROJECT. >> AGAIN THIS PROJECT FOCUS ON LOCALIZED FLOODING ISSUE IN THE 2300 BLOCK OF MONA AVENUE.

SCOPE OF WORK STORM OF WATER INFRASTRUCTURE OF 1250 LINEAR

[01:15:03]

FEET OF STORM, SEWER, CURB, INLET, BOXES AND PAYMENT CONSTRUCTION. AWARD MGA CONSTRUCTION LLC IN THE AMOUNT OF 325,112 MUCH 83 WITH A CONTRACT TIME NOT TO EXCEED 150 DAYS OOVPS AND WE OPEN IT UP FOR ANY QUESTIONS.

>> WITHOUT GOING INTO A LOT OF GREAT DETAIL, WHAT EXACTLY IS

GOING TO BE PUT IN OR REMOVED. >> TO, RIGHT NOW, WEUP FOR ANY

>> WITHOUT GOING INTO A LOT OF GREAT DETAIL, WHAT EXACTLY IS

GOING TO BE PUT IN OR REMOVED. >> TO, RIGHT NOW, WEQUESTIONS.

>> WITHOUT GOING INTO A LOT OF GREAT DETAIL, WHAT EXACTLY IS

GOING TO BE PUT IN OR REMOVED. >> TO, RIGHT NOW, WEER EXTENDING INLETS. THERE WAS OUTFALL BUT THE LINE MAY HAVE COLLAPSED. WE TRIED TO TRACE IT WITH OUR ENGINEERING STAFF AND FOUND AND I DON'T OUT FALL FOR THIS PROJECT.

>> VERY GOOD. >> MOTION TO APPROVE.

>> SECOND. >>MAYOR VILLALOBOS: ALL IN

[C) Consideration and Approval of Change Order No. 2 for the Northgate Lane Drainage Improvements Project.]

FAVOR, SAY AYE. ITEM NUMBER CS.

>> C CONSIDERATION AND APPROVAL OF CHANGE ORDER 2 NORTH GATE

LANE DRAINAGE. >> FOR THE PROJECT.

THE AMENDED RESULTS IN A NET CHANGE OF $74,970 MUCH 83 WITH TEN ADDITIONAL CALENDAR DAYS. MCALLEN PUBLIC UTILITY WILL PARTICIPATE. AND THE CITY OF EDINBURGH WILL PARTICIPATE THROUGH A FUTURE INTERLOCAL 24,990.28.

THE CITY OF MCALLEN WITH A BALANCE OF THE SAME AMOUNT.

ALL SUMS TO THE TOTAL CHANGE IN THE CONTRACT AMOUNT.

PROPOSED CHANGES ARE LISTED THERE.

74,983.10. TEN ADDITIONAL CONTRACT, $1,468,477.58 AND REVISED CONTRACT OF 270 CALENDAR DAYS AND WE OPEN IT UP FOR ANY QUES

QUESTIONS. >> MOTION TO APPROVE.

>> SECOND. >>MAYOR VILLALOBOS: ALL IN FAVOR, SAY AYE. OPPOSED.

ITEM D. >> D IS OUR YEARLY AGREEMENT

[D) Consideration and Approval of an Intergovernmental Agreement with Palm Valley Animal Society for the operation of a Regional Animal Shelter.]

WITH PALM VALLEY ANIMAL SOCIETY. >> GOOD AFTERNOON COMMISSIONER AND MR. MAYOR, WE ARE RESPECTFULLY REQUESTING YOUR APPROVAL FOR COOPERATIVE WITH PALM VALLEY ANIMAL SOCIETY FOR THE OPERATION OF A REGIONAL AROUND MALL SHELTER IN THE AMOUNT OF $1.2 MILLION FOR THE 2023-2024 FISCAL YEAR.

THIS WAS NEGOTIATED DOWN TO TO A ONE-YEAR TERM VERSUS A THREE-YEAR TERM CONTRACT WHICH WILL ALLOW THE CITY TO REVISIT NEXT YEAR'S NEGOTIATED TERMS. BASED ON OUR NUMBERS BEING SIGNIFICANTLY LOWER, THIS MAY RESULT IN A REDUCED AGREEMENT PRICE. THERE WILL BE NO COST THIS YEAR FOR ANY DECEASED ANIMALS TAKEN TO THE FACILITY.

AND WE HOPE TO START FUNDING SOME PREVENTIVE MEASURES IN THE FUTURE INCLUDING VETERINARY SERVICES AND SPAY AND NEUTER

CLINICS. >>MAYOR VILLALOBOS: QUESTIONS?

>> WE HAVE GONE THROUGH A LOT OF DIFFERENT WORK SHOPS AND

EVERYTHING. >> MOTION TO APPROVE.

THEY ARE GOING IN THE RIGHT DIRECTION.

>> SECOND. >>MAYOR VILLALOBOS: WE TRULY ARE AND AMAZING THE INTEREST THAT THE COMMUNITY HAS FOR PETS.

AS A MATTER OF FACT. SOMETIMES, WAY OVER -- I THINK YOU ALL KNOW WHAT I MEAN. WE -- AND I WILL SAY IT.

WE RECEIVE SO MANY CALLS AND TEXTS AND E-MAILS FROM PEOPLE WHENEVER THEY SEE AN ANIMAL THAT IS EITHER ABANDONED OR THEY FEEL IS MALTREATED. HOPEFULLY WE ARE MOVING IN THE

RIGHT DIRECTION. >> I AM PROUD TO SAY THAT THE PHILOSOPHY WE HAVE TAKEN ON AS ANIMAL CARE SERVICE IS ONE HIGHLY OF EDUCATION AND REALLY FOSTERING THAT RESPONSIBLE PET OWNERSHIP. AND WE GET A LOT OF CALLS FOR ANIMAL CRUELTY, ANIMAL WELFARE. AND WE RESPOND TO ALL OF THEM.

>>MAYOR VILLALOBOS: BUT A LOT OF THE TIMES IT IS NOT.

IN FACT MOST OF THE TIMES IT IS NOT.

SO WE HAVE TO BALANCE IT OUT. THERE IS A DIFFERENCE.

>> WITH THE -- WITH THE VOLUME DECREASING SIGNIFICANTLY, IT LOOKS LIKE WE ARE KEEPING THE SAME --

>> IN THE PAST, THE NUMBERS WERE AT 375 A MONTH.

BECAUSE THAT WAS THE -- THE PER CAPITA THAT THEY HAD.

AND WE HAVE DROPPED DOWN OUR NUMBERS TO -- THIS MONTH, AUGUST ENDED WITH 77. THE PREVIOUS MONTH, 90.

THE PREVIOUS MONTH, 105. >> LOOKS LIKE OUR VOLUME IS DOWN TO LIKE A THIRD OF WHAT IT WAS BEFORE.

>> ABSOLUTELY. >> OR LAST.

>> A LOT OF THE CASES -- YOU KNOW, OF COURSE, ARE SOME OF THOSE THAT HAVE BEEN ARRESTED OR ANIMALS THAT ARE IN A WELFARE CONCERN. WE ADOPTED A PHILOSOPHY.

>> I IMAGINE WE ARE LOOKING AT OTHER OPTIONS.

[01:20:03]

THIS IS MORE OF A SUPPORT -- KEEPING OUR SUPPORT AT THE CURRENT LEVEL IS BASICALLY TO GIVE US MAYBE A BRIDGE AND UNTIL WE CAN FIND ANOTHER SOLUTION. BECAUSE IT DOESN'T MAKE A WHOLE LOT OF SENSE. WE ARE DROPPING OFF A THIRD OR LESS OF THE ANIMALS. AND YET WE ARE KEEPING OUR SUPPORT OF THE SAME AMOUNT. WHAT I WOULD SAY TO THAT, COMMISSIONER, AND YOU ARE RIGHT WITH YOUR COMMENT ABOUT ABOUT WHERE WE ARE. TWO THINGS.

ONE IS WE WANT TO SHOW WE ARE CONSISTENT WITH THE NUMBERS.

AND TWO, THAT THEY CAME IN AT $1.7 MILLION OR $1.8 MILLION.

NOT $1.2 MILLION. WE NEGOTIATED THAT DOWN AND COMMITTED TO A CHANGE OF PHILOSOPHY.

WITH THOSE TWO COMBINATION OF THINGS, WE ARE ABLE TO REDUCE IT BY HALF A MILLION DOLLARS. SO I REALLY THINK THAT WE HAVE GOT A GOOD TREND GOING. IT IS NOT ENOUGH TO BE CERTAIN, BUT IF WE CONTINUE, WE SHOULD EXPECT THAT $1.2 MILLION TO GO

DOWN. >>MAYOR VILLALOBOS: I REALLY HOPE SO, BECAUSE I KNOW IT REALLY -- WE NEED TO HELP OUT -- WHAT IT PALM VALLEY, BUT I DON'T THINK WE SHOULD CARRY THE OBLIGATION OF OTHER MUNICIPALITIES THAT MAY NOT BE

AS RESPONSIBLE. >> LET US ALSO REMEMBER WE HAVE THE OBLIGATION TO MAINTAIN AN ANIMAL INTAKE FACILITY BY STATE LAW. WE CAN'T WITHHOLD THEM -- WE HAVE A CERTAIN LEVEL OF OPERATING COSTS THAT THEY HAVE TO MAINTAIN. AND I THINK A MILLION DOLLARS A YEAR IN THE GRAND SCHEME OF THINGS, WE HOPE TO REDUCE THE AMOUNT I THINK FOR WHAT WE SEE AS INTAKE COSTS.

BUT I WOULD THINK -- I WOULD HOPE THAT WE COULD, AS SHE MENTIONED, DIVERT THOSE FUNDS TO SPAY AND NEUTER PROGRAMS. NEIGHBORHOOD AWARENESS. EDUCATIONAL CAMPAIGNS.

EXPANDS THOSE TYPE OF SERVICES, RIGHT.

SO THAT OVERALL, WE IMPROVE THE ANIMAL WELFARE.

>> I AM HOPING THAT THE OTHER CITIES ARE REDUCING THEIR VOLUME TO THE -- TO THE PALM VALLEY ANIMAL SHELTER AS WELL.

WE COULD BE DOING OUR PART. >> 100%.

>> I THINK MCALLEN HAS SET THE STANDARD.

>> WE HAVE GOT TO SET THE STANDARD AND SHOW THAT IT WORKS.

>> WE GET A LOT OF CALLS FROM OTHER CITIES SAYING WHAT ARE I CAN'T CANCEL DOING. HOW COME YOUR NUMBERS ARE LOW.

>> THEY ARE TAKING NOTICE. >> IT IS GRADUAL.

JUST OUR FOURTH MONTH. >> WHAT IS OUR POLICY WITH

REGARD TO STRAY DOGS AGAIN. >> TO STRAY DOGS? IF THE DOG IS STRAY -- IF THE DOG IS STRAY AND NOT DOING ANYTHING, WE DON'T. THE DOG IS STRAY.

AND IT IS DARTING TOWARD PEOPLE OR BECOMING AGGRESSIVE OR IF IT IS GOING IN SOMEBODY'S YARD AND DESTROYING THINGS.

WE SEND AN OFFICER OUT. THE FIRST THING THEY DO SCAN THAT ANIMAL TO MAKE SURE THEY ARE NOT CHIPPED.

IF THEY ARE NOT CHIPPED, THEY GO DOOR TO DOOR TRY TO REUNIFY.

IF THEY SAY WE DON'T KNOW. WE DON'T KNOW.

THAT ANIMAL IS TAKEN TO PALM VALLEY AND WE DO -- WE SET THEM

UP FOR ADOPTION. >> SO THE CITY INTERVENTION IS ONLY TRIGGERED BY SOME SORT OF NUISANCE OR THREAT TO THE PUBLIC

OR SAFETY, RIGHT? >> ABSOLUTELY.

WE HAVE HAD SOME VERY SEVERE CASES.

WE WILL BE HOSTING THE DRIVE-THRU MICROCHIP CLINIC SEPTEMBER 23 HERE AT OUR CITY HALL RIGHT ACROSS THE STREET.

AND WE ARE -- WE WILL BE OPERATING FROM 9 TO 12 AND DO AS

MANY AS WE POSSIBLY CAN. >> THANK YOU.

>> I THINK THOSE ARE -- THOSE ARE THE THINGS THAT -- THAT WILL REALLY IMPRO OF. AND I KNOW WE HAD WE ARE LOOKING AT A CONSULTANT THAT CAN HELP US DO A LOT MORE PROGRAMS. I THINK WE -- WE JUST NEED TO BE THAT PROACTIVE FOR TWO YEARS, THREE YEARS TO REALLY GET EDUCATION OUT THERE AND ALSO TO GET THE -- THE SPAYING AND ALL OF THAT -- NEUTERING AND, YOU KNOW, PROGRAM, THAT -- THAT WILL HELP THE WHOLE AREA.

SO WE ARE -- WE ARE DOING -- WE ARE DOING A LOT BETTER, I THINK, SINCE THE LAST COUPLE OF YEARS. I THINK WE ARE DOING BETTER.

>> HEADED IN THE RIGHT DIRECTION.

AND THE NEW DEPARTMENT, I THINK, IS TRAINING A LOT OF THEIR -- OF THEIR EMPLOYEES AND -- AND THEY ARE DO VERY, VERY WELL.

I AM GETTING GOOD FEEDBACK OF US CHANGING FROM ONE DEPARTMENT TO

THE OTHER. >>MAYOR VILLALOBOS: EXCELLENT.

WAS THERE IS A MOTION TO APPROVE AND A SECOND.

>> YEAH, THERE WAS. >>MAYOR VILLALOBOS: ALL IN FAVOR, SAY AYE. AGAINST.

MOTION CARRIES NEXT ITEM. >> E IS CONSIDERATION AND

[E) Consideration and Approval to Negotiate with Top Ranked Non-Exclusive Food and Beverage Concessionaire at McAllen International Airport.]

APPROVAL OF NONEXCLUSIVE FOOD AND BEVERAGE CONCESSIONAIRE OF

MCALLEN INTERNATIONAL AIRPORT. >> BASED ON REVIEW OF THE COMMITTEE OF AIRPORT MEMBERS, TO NEGOTIATE WITH THE TOP-RANKED

[01:25:02]

CONCESSIONAIRE OAKWELL LLC. THIS THIS ITEM IS APPROVED.

IF YOU HAVE ANY QUESTIONS. >>MAYOR VILLALOBOS: RIGHT NOW TO NEGOTIATE. A MOTION TO APPROVE.

>> SO MOVED. >> STAFF'S RECOMMENDATION AS WELL IN ADDITION TO THE HAVE ADVISORY BOARD.

>> WE AGREED WITH THE ADVISORY BOARD RECOMMENDATION.

>> MISS JUAREZ, OTHER THAN THE FACT THAT DEM COFFEE DECIDE NOD NOT TO TAKE UP THE SECOND RENEWAL OHMS.

>> I WOULD RATHER -- I THINK THERE WAS A PRIVATE MATTER.

A FAMILY WAS DEALING WITH. >> THAT'S ALL I NEEDED -- THANK

YOU. >>MAYOR VILLALOBOS: ALL IN FAVOR, SAY AYE. AGAINST, MOTION CARRIES.

ITEM F. >> CONSIDERATION APPROVAL OF CONTRACT NEW MEXICO 7 FOR THE RUNWAY INCURSION MITIGATION AND

[F) Consideration and Approval of Contract Amendment No. 7-2020 for the Runway Incursion Mitigation and Hot Spot Analysis and Design at McAllen International Airport.]

HOT SPOT ANALYSIS STAFF IS RECOMMENDING A I APPROVAL OF CONTRACT AMENDMENTMENT IN 7 WITH KSA ENGINEERING WITH A FA REQUIRED ANALYSIS AND DESIGN OF THE IMPROVEMENTS NEEDED FOR IMPROVED ENTRANCE FROM THE TAXIWAY TO RUNWAY 14.

AT THIS POINT, I WILL ENTERTAIN ANY QUESTIONS OFF THIS.

I WILL REMIND THE COMMISSION THAT THESE PROJECTS ARE COVERED

WITH 90% FUNDS AND 10% PEC. >>MAYOR VILLALOBOS: YOU SAY FAA

REQUIRED. >> YES.

>> SO MOVED. >> I HAVE A QUESTION QUESTION.

BECAUSE I KNOW FOR A FACT. BECAUSE I KNOW FOR A FACT THERE WAS A SMALL ENTRANCE BEFORE IT GOT SQUARED OFF.

>> THE ISSUE IS TAMPA THEY CALLED IT A HOT SPOT.

AS THE AIRCRAFT ARE TAXIING WAITING TO GET PERMISSION TO GET ON TO THE RUNWAY AREA, THEY ARE JUST VERY SLIGHTLY GOING OVER THAT EDGE OF THAT NONIMPROVEMENT AREA AND CONSIDERED AN INCURSION CURS .

THE MORE THAT WE HAVE, SO MANY OF THOSE INCURSIONS WE HAVE TO LOOK BACK AT REDESIGNING THAT AREA AND MAKING CHANGES TO ENSURE THAT WE HAVE A MINIMIZED OCCURRENCE OF THOSE INCURSIONS.

>> THE DIAGRAM IN OUR PACKET WHERE IT OUTLINES IN YELLOW AND WHERE THE EDGE MARKINGS ARE AT, THAT IS HOW IT LOOKED LIKE 20

YEARS AGO. >> I AM SURE.

FAA IS GOOD AT GOING BACK AND FORTH.

>>MAYOR VILLALOBOS: A TRIP TO LOWE'S OR HOME DEPOT SHOULD

TAKE CARE OF THAT. >> CONDITIONS CHANGE, SO

IMPORTANT TO REVISIT. >>MAYOR VILLALOBOS: ALL IN FAVOR, SAY AYE. AGAINST.

MOTION CARRIES. THANK YOU.

NEXT ITEM. >> G IS CONSIDERATION FOR APPROVAL CONTRACT NUMBER FOR PAVEMENT MANAGEMENT PLAN AT

MCALLEN INTERNATIONAL. >> STAFF RECOMMENDS APPROVAL

[G) Consideration and Approval of Contract Amendment No. 8-2020 for the Pavement Management Plan at McAllen International Airport.]

FOR KSN ENGINEERS WITH THE PAVEMENT MANAGEMENT PLAN $161,265. THIS UPDATE IS NECESSARY FOR US TO CONTINUE RECEIVING FAA FUNDING FOR ANY PAVEMENT IMPROVEMENT THAT THE AIRPORT WOULD LIKE TO SEEK.

STAFF RECOMMENDS APPROVAL. >>MAYOR VILLALOBOS: MOTION TO

APPROVE. >> SO MOVED.

>> S >>.

>>MAYOR VILLALOBOS: ALL IN FAVOR, SAY AYE.

AGAINST. >> H IS CONSIDERATION FOR

[H) Consideration and Approval of Contract Amendment 36 for Aviation Marketing and Consultant Services at McAllen International Airport.]

APPROVAL OF CONTRACT AMOUNT 36 FOR AVIATION MARKETING AN

CONSULTANT SERVICES. >> REGAL STUDIOS FOR AVIATION MARKETING IN THE AMOUNT OF $345,555.

THIS IS SUBJECT TO THE ADOPTION OF THE DEPARTMENT'S REQUESTED FISCAL YEAR 2023-2024 BUDGET. THIS CONTRACT AMENDMENT ALLOWS FOR US TO WORK WITH THE CURRENT MARKETING CONSULTANT TO COMPLETE ALL OF OUR ANNUAL MARKETING CAMPAIGNS, AS WELL TO PROVIDE SUPPORT FOR PROFESSIONAL SERVICES AND FOR NEW AIR SERVICE CAMPAIGNS SHOULD THEY BE NEEDED. STAFF IS RECOMMENDING A I APPROVAL. AGAIN, PENDING APPROVAL OF THE FISCAL YEAR 2023-2024 BUDGET AS REQUESTED AND RECOMMENDED BY THE

BUDGET. >>MAYOR VILLALOBOS: OUR VENDOR.

>> POUR VENDOR, CORRECT. >> MOTION TO APPROVE.

>> SECOND. >>MAYOR VILLALOBOS: ALL IN FAVOR, SAY AYE. AGAINST IN MOTION CARRIES .THANK

YOU SO MUCH. >> 4-A PROVIDING FOR BUDGET

[4. ORDINANCES]

[A) Providing for a Budget Amendment for the Anzalduas Bridge Infrastructure Improvements.]

AMENDMENT FOR THE ANZALDUAS BRIDGE INFRASTRUCTURE

IMPROVEMENTS. >> BUDGET AMOUNT FOR TWO CHANGE ORDERED ALREADY PRESENTED AND APPROVED IN THEMENT IN 1

1,80,760.75. >> WHICH DISCUSSED IN BUDGET.

THAT WAS THE BUDGET DISCUSSION THAT WE HAD?

>> YES. >> SO MOVED.

>> SECOND. >>MAYOR VILLALOBOS: ALL IN FAVOR, SAY AYE. AGAINST? MOTION CARRIES. ITEM B.

>> B IS PROVIDING BUDGET AMOUNT FOR ANZALDUAS BRIDGE DEBT

[01:30:01]

SERVICE. >> I WILL GIVE A SUMMARY AND IF

[B) Providing for a Budget Amendment for Anzalduas Bridge Debt Service B Reimbursement to City of McAllen.]

YOU WANT DETAILED REPORT. >> IT WAS A BIG ONE.

NO. >> THE ANZALDUAS BRIDGE TO SERVICE B -- DEBT $840,000 EVERY YEAR.

THIS YEAR THE ANZALDUAS INTERNATIONAL BRIDGE HAS ENOUGH MONEY IN THE CAPITAL TO PAY THAT SERVICE.

THEY DON'T NEED THE TRANSFER IN. WE ARE ABLE TO RETURN BACK 2022-2024, AND PART OF 2024 $2 $2 $2,89.

MILLION. >> MOTION TO APPROVE.

>>MAYOR VILLALOBOS: I WANT DISCUSSION ON THIS ONE.

>>[LAUGHTER] WE DON'T WANT ANY.

>>MAYOR VILLALOBOS: ALL IN FAVOR, SAY AYE.

AGAINST? MOTION CARRIES.

[C) Providing for the Amendment of the Mobile Food Vendors Ordinance Fire Suppression Systems.]

>> C IS PROVIDING FOR THE AMENDMENT OF THE MOBILE FOOD VENTER ORDINANCE FIRE SUPPRESSION SYSTEM.

>> GOOD MORNING, MAYOR AND COMMISSIONERS.

WITH THE GOAL OF EXPEDITING THE APPROVAL PROCESS, 54-51D OF THE MO HE BILL FOOD VENDOR REQUIREMENTS ORDINANCE.

THIS LEGISLATION AND SPECIFIC J COVER FOOD TRUCKS THAT ARE REQUIRED -- MANDATED TO HAVE FIRE IS UP SYSTEMS, ALL IN ACCORDANCE TO THE TEXAS INSURANCE CODE AND INTERNATIONAL FIRE CODE WHICH ARE THE ONES THAT REGULATE THE REQUIREMENT OF THOSE FIRE SUPPRESSION. FIRE SUPPRESSION SYSTEMS FOR TRUCKS AND TRAILERS. NEWLY INSTALLED SYSTEM REQUIRE TESTING IN THE PRESENCE OF A CITY FIRE MARSHAL GUARANTEE AND NOT NECESSARY ANYMORE. UNDER THE PROPER -- SORRY, ON THE PROPOSED AMENDMENT, MOBILE FOOD VENDORS MUST PROVIDE PROOF THAT HOOD WAS TESTED AND INSTALLED.

STAFF RECOMMENDS APRIL APPROVAL OF THE PROPOSED AMENDMENT TO THE ORDINANCE. I AM OPEN FOR ANY QUESTIONS.

>>MAYOR VILLALOBOS: QUESTIONS? >> THAT MEANS THAT THEY WILL

NEED FOR TO YOU GO AND CHECK IT? >> THAT'S CORRECT.

SO YEARS AGO WHEN WE FIRST CREATED THE ORDINANCE FOR THE -- FORCED TRAILERS AND TRUCKS, THERE WAS NO SPECIFIC CHAPTER IN THE FIRE CODE THAT HAD SPECIFICATIONS FOR THOSE TYPE OF -- THOSE TYPE OF TRUCKS OR TRAILERS.

CONSEQUENTLY, THE ORDINANCE, THE WAY IT IS RIGHT NOW WAS WRITTEN TO HAVE SOME SORT OF REGULATION, BUT THAT WAS A REGULATION CREATED INTERNALLY. NOW THE FIRE CODE HAS CREATED.

FAST FORWARD FOR NOW, CHAPTER 9 OF THE INTERNATIONAL FIRE CODE CREATED IN SPECIFIC TO REGULATE THAT ASPECT OF HOOD SYSTEM.

WE ARE BASICALLY TRYING TO CLOSE THE GAP AND APRIL LINE OURSELVES TO THE NEWLY EXISTING CHAPTER OF THE FIRE CODE.

IT WILL ELIMINATE ONE FIRE INSPECTION THAT IS NOT REQUIRED

ANYMORE. >>MAYOR VILLALOBOS: ANY OTHER

QUESTIONS? >> MOVE TO APPROVE.

>> SECOND. >>MAYOR VILLALOBOS: ALL IN FAVOR, SAY AYE. AGAINST.

MOTION CARRIES. ITEM D.

[D) Providing for a Budget Amendment for Hidalgo County Precinct 2 Recreational Trails Connectivity Project.]

>> ITU D IS PROVIDING FOR BUDGET AMENDMENT FOR HIDALGO COUNTY TRAIL. THE ITEM IN THE WORKSHOP.

WE WILL STILL OWE YOU A MOU BUT THESE ARE THE FIGURES THAT DENNY

PRESENTED AT WORKSHOP. >>MAYOR VILLALOBOS: MOTION TO

[5. RESOLUTIONS]

[A) Consideration and Approval of a resolution regarding the Texas Gas Service Rate Case.]

APPROVE. >> MOTION.

>> SECOND. >>MAYOR VILLALOBOS: ALL IN FAVOR, SAY AYE. AGAINST.

ITEM 5-A, DO I HEAR A MOTION TO APPROVE.

>> SO MOVED. >> SECOND.

>>MAYOR VILLALOBOS: ALL IN FAVOR, SAY AYE.

[B) Resolution appointing a Chairman of the Board of Directors of Reinvestment Zone Number One, City of McAllen, Texas for the Year 2024.]

AGAINST? MOTION CARRIES.

>>B, IS RESCUES APPOINTING A CHAIRMAN OF THE BOARD OF DIRECTORS OF REINVESTMENT ZONE NUMBER ONE.

>> GOOD EVENING, GENTLEMAN. THE TRES LAGOS TIRZ REPORTED SAID NICK RHODES TO BE APPOINTED CHAIRMAN FOR THE BOARD OF

DIRECTORS. >> MOTION.

>> SECOND. >>MAYOR VILLALOBOS: ALL IN FAVOR, SAY AYE. AGAINST?

[6. MANAGER’S REPORT]

[A) Advisory Board Appointments.]

MOTION CARRIES. ADVISORY BOARD APPOINTMENTS.

>> GOOD EVENING, MAYOR AND CITY COMMISSION.

WE HAVE ADVISORY BOARD ITEMS. WE HAVE GOT TWO MEMBERS THAT HAVE -- ONE HAS TERMED OUT FROM QUINTA WHICH IS MARJORY M[L]CCREERY AND CHRIS VIERA HAVE RESIGNED AND THE Q THE QUINTA MAZLAHAN. I HAVE FORWARDED THE APPLICATION TO COMMISSIONER QUINTANILLA. AND MATTHEW WALDOF APPLIED AND FORWARDED THAT INFORMATION TO COMMISSIONER CASTILLO.

AGAIN THE EXECUTIVE COMMITTEE IS NOMINATING THEM.

>>MAYOR VILLALOBOS: THIS IS RECOMMENDED BY -- THE QUINTA

EXECUTIVE COMMITTEE. >> SO MOVED.

>> SECOND. >>MAYOR VILLALOBOS: ALL IN FAVOR, SAY AYE. AGAINST?

MOTION CARRIES. >> SORRY, I DON'T HAVE A

[01:35:04]

REPLACEMENT YET FOR THE PARKS BOARD.

I WILL HAVE THAT FOR YOU SOON. IT IS NOT SHOWING IN HERE ARE YOU BUT ERIKA DE LA GARZA HAVE A RESIGNATION FOR P&Z.

MAKE SURE THAT BOARD CONTINUES. I WILL APPOINT RIS AA BESMONTE.

>> YOU WANT TO DO THAT NOMINATION NOW OR BRING IT BACK.

>>MAYOR VILLALOBOS: THAT A MOTION.

DO I HEAR A SECOND. >> SECOND.

>>MAYOR VILLALOBOS: ALL IN FAVOR, SAY AYE.

AGAINST. MOTION CASSES.

[B) Review of Quarterly Investment report for Quarter ending June 30, 2023.]

THANK YOU. >> B IS THE REVIEW OF THE QUARTERLY INVESTMENT REPORT FOR QUARTER ENDING JUNE 30.

>> THE INVESTMENT REPORT BEFORE IS YOU PREPARED IN ACCORDANCE WITH THE PUBLIC FUNDS INVESTMENT ACT AND INVESTMENT POLICY.

THE AUDIT INVESTMENT COMMITTEE MET AUGUST 29, 2023, VISED AND APPROVED THE REPORT. TOTAL BOOK VALUE WAS $513 MILLION WITH A YEAR TO DATE -- AVERAGE YIELD-TO-DATE MATURITY OF $33.947%. IF NO QUESTIONS, STAFF

RECOMMENDS APPROVAL. >> SO MOVED.

>> SECOND. >>MAYOR VILLALOBOS: ALL IN FAVOR, SAY AYE. AGAINST.

[C) Consideration and Approval of Engagement Letter from Weaver & Tidwell, LLP for the annual audit ending September 30, 2023.]

MOTION CARRIES. >>C IS CONSIDERATION AND APPROVAL OF ENGAGEMENT LETTER FOR THE EXTERNAL AUDITOR WEAVER

AND TIDWELL. >>MAYOR VILLALOBOS: MOTION TO

[D) Immigration and Respite Center Report.]

APPROVE. >> MOTION.

>> SECOND. >>MAYOR VILLALOBOS: ALL IN FAVOR, SAY AYE. MOTION CARRIES.

>> ITEM --D. >> DROP-OFF FROM CAP AND ICE.

510 PER DAY FOR THE LAST SIX WEEKS AND HERE OVER THE LAST TWO WEEKS THAT NUMBER HAS GONE UP TO 540 PER DAY.

OUR COVID POSITIVITY RATE HAS DECREASED.

WE WERE AVERAGING FIVE AND SIX WEEKS AGO, 6.6%.

TWO WEEKS MORE RECENT THAN THAT, WE WERE AT 4.3.

OVER THE LAST TWO WEEKS. AND WE ARE SEEING NUMBERS DROPPED HERE APPROXIMATELY WE HAVE LESS TTHAN 100.

>> HOW FAST IS IT TAKING TO TRANSFER OUT.

>> IT IS ACTUALLY GOING QUICK. I KNOW CATHOLIC CHARITIES IS DEAL WITH MOST VEHICLES ON THEIR SITE.

THE NUMBERS EVEN THOUGH THEY HAVE GONE UP THEY HAVE NOT OVER TAXED THEIR CAPACITIES, SOAR IN TABLE TO GET OUT ON BUSES.

AND OUR UNDERSTANDING THAT THEY WILL NOT STAY WITH THEM MORE

THAN 24 TO 26 HOURS. >>MAYOR VILLALOBOS: WE ARE HAVING MORE ISSUES WITH -- WHAT IS GOING ON.

>> CATHOLIC CHARITIES. >> USE GOOGLE TRANSLATE HONDURAS AND GUATEMALA AND TUCSON ARE HIGHER NUMBERS AND DECOMPRESSING FROM OTHER PARTS OF THE BORDER AND SOME OF THEM ARE COMING TO

OUR AREA. >> THANK YOU.

[E) Future Agenda Items.]

ANY OTHER QUESTIONS? FUTURE AGENDA ITEMS.

>> THANK YOU. FUTURE AGENDA ATEAMS.

EXECUTIVE SESSION? >> MAYOR, WE HAVE ONE ITEM TO SUGGEST IN THE EXECUTIVE SESSION.

[7. 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).]

I RECOMMEND A RES} >> HE.

>>MAYOR VILLALOBOS: RECESS INTO EXECUTIVE SESSION.

[01:47:15]

>>> AND WE ARE BACK FROM EXECUTIVE SESSION.

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

[01:47:18]

COUNSEL, WHAT DO WE HAVE. >> MAYOR, WITH RESPECT TO 7-A-1, CITY COMMISSION AUTHORIZING CITY MANAGER AND CITY ATTORNEY TO NEGOTIATE THE ECONOMIC INCENTIVES DESCRIBED IN

EXECUTIVE SESSION. >> SO MOVED.

[ ADJOURNMENT]

>>. >>MAYOR VILLALOBOS: ALL IN FAVOR, SAY AYE. AGAINST.

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

* This transcript was compiled from uncorrected Closed Captioning.

Sep 11, 2023 September 11. 2023 City Commission Regular Meeting

Link

Social

Embed

Download

Download Selected Item