AGENDA CITY COMMISSION REGULAR MEETING MONDAY, AUGUST 14, 2017 5:00 PM MCALLEN CITY HALL CITY COMMISSION CHAMBERS; 3RD FLOOR 1300 HOUSTON AVENUE MCALLEN, TEXAS 78501 "At any time during the course of this meeting, the City Commission may retire to Executive Session under Texas Government Code 551.071(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 - Commissioner John Ingram PRESENTATIONS - Texas Festivals & Events Association 2017 Kaliff Marketing Awards Texas Association of Municipal Officers 2017 Awards Recognition of McAllen All-Stars Little League PROCLAMATION - Archer Park 100th Year Anniversary- Mike Hernandez 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. Rezone from A-O (agriculture-open space) District to R-1 (single family residential) District: 5.60 acres out of Lots 1, 2, and 3, McAllen First Suburban Citrus Groves Subdivision, Hidalgo County, Texas; 4201 and 4225 Neuhaus Drive. 2. Request of Juan F. Jimenez, for a Conditional Use Permit, for one year, for a night club, at Lot 1, Nolana West Subdivision, Hidalgo County, Texas; 2200 Nolana Avenue, Suite 2204C. 3. Request of Oliver Van Der Graaff on behalf of Ilumina/Van Der Graaff Builders, for 1
a Conditional Use Permit, for a life of the use, for a guest house, at Lot 2, Kshatriya Subdivision, Hidalgo County, Texas; 4000 Neuhaus Drive. 4. Request of Luis H. Espino, appealing the decision of the Planning & Zoning Commission of the July 5, 2017 meeting, denying Conditional Use Permit, for one year, for an automotive service and repair (tire shop) at Lots 1, 2 and 3, North McAllen Subdivision, Hidalgo County, Texas; 421 North 10th Street. 5. Request of Carlos A. Alvarez, appealing the decision of the Planning & Zoning Commission of the July 18, 2017 meeting, denying a Conditional Use Permit, for one year, for an automotive service and repair (tire shop) at all of Lot 5 and the West half of Lot 6, Block 13, Young s Subdivision, Hidalgo County, Texas; 218 and 222 (rear) South 23rd Street. B) REZONINGS: 1. Rezone from A-O (agriculture-open space) District to R-3T (multifamily residential townhouse) District: 2.69 acres out of Lots 3 and 7, McAllen First Suburban Citrus Groves Subdivision, Hidalgo County, Texas; 4101 Neuhaus Drive. 2. Rezone from I-1 (Light Industrial) District to R-3A (multifamily residential apartments) District for Lot 8, McAllen Northwest Industrial Subdivision, Hidalgo County, Texas; 1801 Industrial Drive. (TABLED) 3. Rezone from I-1 (light industrial) District to R-3A (multifamily residential apartments) District: 7.485 acres out of Tract 2, McAllen Northwest Industrial Subdivision, Hidalgo County, Texas; 2100 Industrial Drive. (TABLED) C) CONDITIONAL USE PERMITS: 1. Request of Guillermo R. Pechero on behalf of GAP Pechero Family, LP, for a Conditional Use Permit, for life of the use, for an institutional use (youth church camp) at the 16.97 acres out of Lots 12 & 13, Section 279 Tex-Mex Railroad Company Survey and Lots 5 & 6, E.M. Card Survey No.1, Hidalgo County, Texas; 9800 North 29th Street. 2. Request of Silvia P. Garza, appealing the decision of the Planning & Zoning Commission of the April 18, 2017 meeting, for a Conditional Use Permit, for one year, for a home occupation (office) at Lot 17, Ashwood Estates Subdivision, Hidalgo County, Texas; 6801 North 25th Street. (TABLED) D) Amending the Zoning Ordinance of the City of McAllen as enacted May 29, 1979. E) Conduct a Public Hearing to Receive Comments and Consider Adoption of an Ordinance Approving and Adopting the Tres Lagos Public Improvement District ("District") 2017-2018 Service and Assessment Plan and Assessment Roll; Establishing Classifications for the Apportionment of Cost and the Methods of Assessing for Special Benefits for Improvements, Maintenance, and Special Supplemental Services to Property within the District; Closing the Hearing; and Levying Debt Service Assessments for the Cost of Improvements to be provided In 2
The District, Maintenance Assessments for the Cost of Maintenance and Operation of The District, and Supplemental Service Assessments for the Costs of Provision of Supplemental Services Within The District; Fixing Charges and Liens Against the Property in The District and Against the Owners Thereof; Providing for the Collection of the Assessments; and Providing an Effective Date. 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 Meeting held July 24, 2017. B) Award of Contract for the Purchase and Delivery of Lawn and Leaf Bags. C) Award of Contract for the Purchase of One (1) New and Unused Current Model (CM) Brush Chipper. D) Award of Contract for Parking Enforcement and Revenue Collection System. E) Consideration and Approval to Accept Federal Transit Administration Grant. F) Approval of Change Order No. 1 for 2017 Sidewalk and Bus Shelter Improvements. G) Approval of Tax Refund over $500 for Chase - Jose L. Jr & Arlene Cazarez. 3. BIDS/CONTRACTS: A) Discussion and Approval of the City Entry monument design at I2 Eastbound Frontage Road, between Taylor Road & Ware Road. B) Consideration and Authorization to Rescind Award of Contract and Reject Bids for Bicentennial Hike & Bike Pedestrian Bridge at Lark Boulevard. C) Award of Contract for the Purchase of Sixty-four (64) Twin Cross Arm Streetlight Fixtures. D) Consideration and Approval of Change Order No. 21 to SpawGlass for the McAllen Performing Arts Center. E) Consideration and Approval of Contract Amendment No. 1 for Texas Transnational Intel Center / Texas Anti-Gang. F) Consideration and Approval of Change Order No. 1 to TRMI (The Revenue Markets, Inc.) for the International Bridges. G) Discuss and Approve A Plan of Finance regarding the Issuance of the City Of McAllen, Texas Combination Tax And Revenue Certificates Of Obligation; Authorizing City Officials, Financial Advisor And Bond Counsel to Proceed with Preliminary Matters In Connection Therewith; and Authorizing Other Matters Related Thereto. H) Consideration and Approval of the Transit Internal Compliance Program. 3
4. ORDINANCES: A) Providing for Increasing Fee Schedule for certain uses and services for the Fire Department. B) Providing adoption of an ordinance amending the City's Right-of-Way Management Ordinance, City Code Chapter 94, Article II. C) Consideration and possible action to adopt an ordinance creating a "Design District" pursuant to SB 1004 / Texas Local Government Code Ch. 284. D) Ordinance approving the adoption of The Tres Lagos Public Improvement District ("District") 2017-2018 Service And Assessment Plan And Assessment Roll; Establishing Classifications for the Apportionment of Cost and the Methods of Assessing for Special Benefits for Improvements, Maintenance, and Special Supplemental Services to Property within The District; Closing the Hearing; and Levying Debt Service Assessments for the Cost of Improvements to be Provided in The District, Maintenance Assessments for the Cost of Maintenance and Operation of The District, and Supplemental Service Assessments for the Costs of Provision of Supplemental Services within The District; Fixing Charges and Liens Against the Property in The District and Against the Owners Thereof; Providing for the Collection of the Assessments; and Providing an Effective Date. E) Providing for a Budget Amendment for the Performing Arts Center. 5. VARIANCE: A) Request for variance to not require the subdivision process at the west 114.8 ft. of the east 1,064.2 ft. of a resubdivision of the north 10 acres of the south 20 acres of the combined Block 2 and Lot 11, Block 4, M & M Subdivision; 3101 Valcosta SR (service road). 6. MANAGER S REPORT: A) Appointments of Board and Committees Served by Elected Officials. B) Review of Quarterly Investment Report for Quarter Ending March 31, 2017. C) Consideration and possible action regarding adoption of a Design Manual for small-cell nodes and related structures. D) Future Agenda Items. 7. MAYOR S REPORT: A) Report on Border Mayor's Conference. B) Report on Governor's Meeting in Austin. C) Report on Consulate's Meeting Invite. 4
8. EXECUTIVE SESSION, CHAPTER 551, TEXAS GOVERNMENT CODE, SECTION 551.071 (CONSULTATION WITH ATTORNEY), SECTION 551.072 (DELIBERATION REGARDING REAL PROPERTY) AND SECTION 551.087 (ECONOMIC DEVELOPMENT). A) Consultation with City Attorney regarding legal issues related to Cause No. C-1840-17-H; Blanca Elisa Barrientos vs. City of McAllen. (Section 551.071, T.G.C.) B) Consultation with City Attorney regarding litigation regarding SB 1004. (Section 551.071, T.G.C.) C) Consultation with City Attorney regarding legal aspects of SB 4. (Section 551.071, T.G.C.) D) Consultation with City Attorney regarding legal issues related to public comment session. (Section 551.071, T.G.C.) E) Consideration of Economic Development Matters. (Section 551.087, T.G.C.) F) Discussion and Possible Lease, Sale or Purchase of Real Property; Tract 1. (Section 551.072, T.G.C.) ADJOURNMENT IF ANY ACCOMMODATION FOR A DISABILITY IS REQUIRED (OR INTERPRETERS FOR THE DEAF), NOTIFY THE CITY SECRETARY S DEPARTMENT AT 681-1020 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 August 11, 2017 at 2:00 PM 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/ Yesenia Rodriguez, TRMC Deputy City Secretary 5