CALL TO ORDER PLEDGE OF ALLEGIANCE

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1 AGENDA CITY COMMISSION REGULAR MEETING MONDAY, MAY 11, :00 PM MCALLEN CITY HALL CITY COMMISSION CHAMBERS; 3RD FLOOR 1300 HOUSTON AVENUE MCALLEN, TEXAS "At any time during the course of this meeting, the City Commission may retire to Executive Session under Texas Government Code (2) to confer with its legal counsel on any subject matter on this agenda in which the duty of the attorney to the City Commission under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code. Further, at any time during the course of this meeting, the City Commission may retire to Executive Session to deliberate on any subject slated for discussion at this meeting, as may be permitted under one or more of the exceptions to the Open Meetings Act set forth in Title 5, Subtitle A, Chapter 551, Subchapter D of the Texas Government Code." CALL TO ORDER - Mayor Jim Darling PLEDGE OF ALLEGIANCE - Mayor Jim Darling INVOCATION - Mayor Pro Tem Hilda Salinas PRESENTATIONS- Check for the Great American Cleanup by BBVA Key to the City for Salvador Villa and Ashton Kristopher Pena PROCLAMATIONS - Motorcycle Awareness Month - Robert V. Toney Historic Preservation Month - Ed Taylor National Public Works' Week - Delilah Martinez Elder Abuse Prevention and Older Americans' Month - Sarai Garcia & Gustavo Salinas Peace Officers Memorial Week - Chief Rodriguez National Hurricane Week - Nancy Cuellar 1. PUBLIC HEARING: A) ROUTINE ITEMS: (All Rezonings and Conditional Use Permits listed under this section come with a favorable recommendation from the Planning & Zoning Commission and will be enacted by one motion. However, if there is opposition at the meeting or a discussion is desired, that item(s) will be removed from the Routine Items section of the agenda and will be considered separately.) 1. City Initiated Rezoning from A-O (agricultural-open space) District for Tracts 7A - 11: Tract 7A: South Ware Road & 420 South 35th Street to C-3 (general business) Tract 7B1: Highway 83 & 120 South 35th Street to C-3 (general business) 1

2 Tract 7B2: South 35th Street to R-1 (single family residential) Tract 7D: 436 South 33rd Street to C-3 (general business) Tract 8A: 3001 & 3003 Highway 83 to C-3 (general business) Tract 8B: 2917 Highway 83 to R-4 (mobile and modular home) Tract 8C: 500 South 29th Street to C-3 (general business) Tract 8D: 2801 Galveston Avenue to C-3 (general business) Tract 9: Colbath Road & South 25 1/2 Street to R-2 (duplexfourplex residential) Tract 10A: 2400 South 23rd Street to C-3 (general business) Tract 10B: 2305 South 26th Street to R-1 (single family residential) Tract 11A: 2205 South 23rd Street to C-3 (general business) Tract 11B: 2617 South 23rd Street to C-3 (general business) 2. Rezone from R-3C (multifamily residential condominium) District to R-3T (multifamily residential townhouse) District: Lot 5, Renaissance Center Subdivision, Hidalgo County, Texas; 1012 East Dove Avenue. 3. Request of Miguel Iglesias, for a Conditional Use Permit, for life of the use, for an automotive service and repair at Lot 1, Carwash Subdivision, Hidalgo County, Texas; 1008 North Ware Road. 4. Request of Yvette Villa, appealing the decision of the Planning & Zoning Commission of the April 21, 2015 meeting, denying a Conditional Use Permit, for one year, for a bar, at Lots 1 and 2, Mejia #1 Subdivision, Hidalgo County, Texas; 2000 Nolana Avenue. 5. Request of Rebekah Zamora, appealing the decision of the Planning & Zoning Commission of the April 21, 2015 meeting, denying a Conditional Use Permit, for one year, for a lounge, at Lot 1, Martin Plaza Subdivision, Hidalgo County, Texas; 6401 North 10th Street, Suite 120. B) CONDITIONAL USE PERMITS: 1. Request of Provident Realty Advisors, Inc, for a Conditional Use Permit, for life of the use, for a planned unit development, at the acres coming out of Lots 9 and 16 in the northwest quarter (¼) of Section 7, Hidalgo Canal Company s Subdivision, Hidalgo County, Texas; 1300 South 10th Street. TABLED 2. Request of Rancho Quinta Luz, appealing the decision of the Planning & Zoning Commission of the February 3, 2015 meeting, denying a Conditional Use Permit, for one year, for an event center at the 3.25 acres out of Lot 6, Block 2, C.E. Hammond Subdivision, Hidalgo County, Texas; 4300 Pecan Boulevard. TABLED 3. Request of Carlos A. Serna for a Conditional Use Permit, for life of the use, for portable building greater than 10 x12 (office), at Lot 7, Tanya Industrial Park Subdivision, Hidalgo County, Texas; 1909 Tanya Avenue. TABLED C) Amending the Zoning Ordinance of the City of McAllen as enacted May 29, D) Public Hearing and Ordinance amending the Code of Ordinances, Chapter 138 ( Zoning ); Article I ( in General ), Section ( Definitions ), Modifying Definitions 2

3 of Broadcast Tower and Personal Wireless Service Facilities, Adding Definitions relating to Eligible Facilities Request (Section 6409), Adding Section A. Eligible Facilities Request (Section 6409) Definitions and Procedures, Adding Section B. Application for a Personal Wireless Service Facility, and Amending Chapter 138 ( Zoning ); Article IV ( Conditional Use Permits ), Section ( Requirements Of Conditional Use ), Modifying Section (11) Personal Wireless Service Facility, Modifying Pertinent Sections and Adding Section (11) Q relating to Eligible Facilities Request under Section 6409; Providing for an Effective Date; Providing for Publication; Providing for Severability, and Ordaining other provisions related to the subject matter thereof. END OF PUBLIC HEARING 2. CONSENT AGENDA: (All matters listed under Consent Agenda are considered to be routine by the Governing Body and will be enacted by one motion. There will be no separate discussion of these items; however, if discussion is desired, that item(s) will be removed from the Consent Agenda and will be considered separately.) A) Approval of minutes of Workshop and Regular Meetings held April 27, B) Consideration and approval of Change Order No. 3 for McAllen City Hall Renovations. C) Consideration and approval of Change Order No. 2 for additional time for Fire Station #3 Rebuild. D) Resolution authorizing the submission of a grant application to the Office of the Attorney General of Texas, Crime Victim Services Division, for funding under the Fiscal Years 2016 and 2017 Victim Coordinator and Liaison Grant Program. E) Resolution authorizing the submission of a grant application to the U.S. Department of Justice, Office of Justice Programs, for funding under the FY 2015 Bulletproof Vest Partnership Program. F) Resolution authorizing the submission of a grant application to Firefighter Fitness, Inc. for funding under the FY 2015 Strength is our Foundation Fitness Equipment Grant Program. G) Refunds Over $ for: 1) Comercializadora Falcon 2) Popp Hutcheson LLC for Target Corp. 3) Felipe Reyes 4) VFC Properties 30 LLC 3. BIDS/CONTRACTS: A) Recommendation to Interview three top ranked firms for Environmental Consulting Services for Old Boeye Reservoir. B) Consideration and approval of an amendment to the Developer's Contract for participation with access improvements to Lot 7 B, McAllen Convention Center (La Quinta). 3

4 C) Consideration and approval of Change Order No. 1 for additional time for McAllen Recycling Center Wall Reinforcement and Repair. D) Consideration and approval of Change Order No. 1 for additional work and time for Remodeling of Fire Station #5 & #6. E) Award of Contract for the purchase of One (1) 2015 Ford Super Duty 18,000 GVWR Standard Cab & Chassis with Current Model Aerial Device for the Police Department. F) Award of Contract for the purchase of One (1) 2015 John Deere 624K Front-End Loader 186HP for the Composting Department. G) Consider approval of Change Order No. 1 to 1 for Crockett Park improvements. 4. ORDINANCES: A) Providing for a budget amendment to the Anzalduas International Bridge. B) Providing for budget amendment for the transfer of funds to reclass advances to/from the following funds: the General Insurance Fund advance to the Capital Improvement Fund, $2,035,009; the General Fund advance to the EB-5 Fund $190,000; and the Capital Improvement Fund to the Transit System Fund $352,716. C) Budget Amendment for Additional Design Fee for the Performing Arts Building. 5. RESOLUTION: A) Implementing annexation procedures on Tract 1: 1,520.0 acres out of.48 acres out of Lot 3, Lots 4-6, Block 18, all of Blocks 19-22, Steele and Pershing Subdivision, and all of Lot 4, Block 9, Lots 1-4, Block 10, and Lots 1-4, Block 11, A.J. McColl Subdivision, Hidalgo County, Texas and Tract 2: acres out of acres out of Lot 3, Section 234, Texas-Mexico Railway Survey, La Puerta Phase I Subdivision, Lot 1, ECISD Middle School #50 Subdivision, Lot 1, ECISD Elementary School No. 30 Subdivision, Lot 1, Idea Quest Subdivision, Hidalgo County, Texas. 6. VARIANCES: A) Consideration of a variance from Section 6-2 of the Alcoholic Beverage Code at Lot 1, La Vista Commerce Subdivision; 2321 North 23rd Street. B) Consideration of a variance to Proposed Renaissance Center, Lots 5A-5DD Subdivision, to allow Lots 5A-5O and 5W-5DD to develop without frontage on a street; 1012 East Dove Avenue. C) Consideration of three (3) variances for Proposed Orangewood North Subdivision: 1.) 800 foot block length requirement; 2.) 600 feet maximum length allowed for a culde-sac street; and 3) reduction of right-of-way width; 8221 North 2nd Street. 7. MANAGER S REPORT: 4

5 A) Advisory Board Appointments. B) Future Agenda Items. 8. TABLED ITEM(S): A) Ordinance providing for a budget amendment for the Anzalduas International Bridge - Generator. PUBLIC COMMENT SESSION 9. EXECUTIVE SESSION, CHAPTER 551, TEXAS GOVERNMENT CODE, SECTION (CONSULTATION WITH ATTORNEY) AND SECTION (ECONOMIC DEVELOPMENT). A) Consultation with City Attorney regarding Professional Services Account (Performing Arts Center). (Section , T.G.C.) B) Consideration of Economic Development Matters. (Section , T.G.C.) ADJOURNMENT IF ANY ACCOMMODATION FOR A DISABILITY IS REQUIRED (OR INTERPRETERS FOR THE DEAF), NOTIFY THE CITY SECRETARY S DEPARTMENT AT FORTY-EIGHT (48) HOURS PRIOR TO THE MEETING DATE. WITH REGARD TO ANY ITEM, THE BOARD OF COMMISSIONERS MAY TAKE VARIOUS ACTIONS INCLUDING BUT NOT LIMITED TO RESCHEDULING AN ITEM IN ITS ENTIRETY FOR A FUTURE DATE OR TIME. C E R T I F I C A T I O N I, the Undersigned Authority, do hereby certify that the attached agenda of the meeting of the McAllen Board of Commissioners is a true and correct copy and that I posted a true and correct copy of said notice on the bulletin board in the Municipal Building, a place convenient and readily accessible to the general public at all times, and said Notice was posted on May 8, 2015 at 2:00 P.M. and will remain so posted continuously for at least 72 hours preceding the scheduled time of said meeting in accordance with Chapter 551 of the Texas Government Code. /s/ Annette Villarreal, TRMC/CMC, CPM City Secretary 5