THE STATE OF TEXAS CITY OF BROWNSVILLE COUNTY OF CAMERON MINUTES of a Regular Meeting of the City Commission of the City of Brownsville, Texas, held in the Commission Chambers, on the Second Floor of the Brownsville City Hall Old Federal Building, located at 1001 East Elizabeth Street, Brownsville, Cameron County, Texas, on Tuesday, March 21, 2017, at 5:45 P.M. and at 6:00 P.M. with the following members present: ANTONIO MARTINEZ ) Mayor COMMISSIONERS RICARDO LONGORIA, JR. ) District 1 JESSICA TETREAU ) District 2 JOHN VILLARREAL ) District 4 CESAR DE LEON ) At-Large A ROSE M.Z. GOWEN, M.D. ) At-Large B CHARLIE CABLER MARK SOSSI MICHAEL L. LOPEZ CITY MANAGER CITY ATTORNEY ASSISTANT CITY MANAGER/ CITY SECRETARY ABSENT: DEBORAH PORTILLO District 3 A quorum being present, Mayor Antonio Martinez., asked Ms. Griselda Rosas, Assistant City Secretary, to read the call to consider the following matters as posted and filed for the record in The Office of the City Secretary on March 17, 2017. EXECUTIVE SESSION: 5:45 P.M. Upon motion by Commissioner Jessica Tetreau seconded by Commissioner Rose Gowen and carried unanimously, the Executive Session convened at 5:45 p.m. to discuss the following items: A) Consultation with City Attorney regarding pending litigation pursuant to Section 551.071 of the Texas Government Code on a matter in which the duty of the attorney(s) to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 55, Texas Government Code. Upon conclusion of Executive Session Mayor Antonio Martinez, convened the Regular Meeting at 6:10 p.m. No action was taken in Executive Session. REGULAR MEETING: 6:00 P.M. PLEDGE OF ALLEGIANCE: UNITED STATES PLEDGE * TEXAS PLEDGE The Pledge of Allegiance and the Texas Pledge was led by Mayor Antonio Martinez Minutes March 21, 2017 Page 1 of 8
INVOCATION: The invocation was delivered by Pastor Ignacio Manzano of Brownsville, Texas. ACTION ON ITEM DISCUSSED IN EXECUTIVE SESSION: A). Discussion and Possible ACTION regarding pending litigation. Upon motion by Commissioner Cesar de Leon seconded by Commissioner Jessica Tetreau and carried unanimously, this item was tabled. 1. MAYOR S ACTIVITY UPDATE: Commissioner Ricardo Longoria, Jr., arrived at 6:17 p.m. Mayor Antonio Martinez informed the public that he had attended numerous meetings in regards to Sanctuary Cities and the Border Wall, which would be challenging this present days. 2. COMMISSIONERS ACTIVITY UPDATE: Commissioner Rose Gowen announced and encouraged the citizens of Brownsville to attend the following events: Friday, March 24, 2017 Loteria, in the gym at the Parks and Recreational Center located at 1338 E. 8 th Street, from 9:00 a.m. to 1:00 p.m. Friday, March 31, 2017 The Bishop s Valley Golf Classic at Rancho Viejo Resort & Country Club, located at 1 Rancho Viejo Dr. for more information contact Kendra Stine at 956-579-8114. Saturday, April 22, 2017 The Challenge Finale Weigh In & Largest Huapango Guinness World Record at the Sports Park from 5:30 p.m. to 11:59 pm Commissioner Gowen also mention that the dates for Cyclobia have been set which are scheduled for May 5, 2017, August 25, 2017, October 15, 2017 and December 15, 2017. Commissioner Jessica Tetreau informed the public that a butterfly garden, drip stations and a nature trail have been completed at Cabler Park. She further informed that the Art painting winner would be announced on April 5, 2017. Commissioner Ricardo Longoria, Jr., noted that lately accidents have been mostly caused due to negligence (cell phone use). He further noted that the Brownsville Police Officers will be enforcing the use of a wireless communication device. 3. PROCLAMATIONS: Boy Scout Eric Aymá (Commissioners J. Villarreal/J. Tetreau) The proclamation was presented and read by Commissioner John Villarreal. National Child Abuse Prevention Month (Commissioners R. Longoria, Jr. /J. Tetreau) Minutes March 21, 2017 Page 2 of 8
The proclamation was not presented. Joe Wallace Garcia (Commissioners R. Longoria, Jr. /J. Villarreal) The proclamation was presented and read by Commissioner Ricardo Longoria, Jr. Buena Vida Resident Leadership Group (Commissioners J. Villarreal/R. Longoria, Jr.) The proclamation was presented and read by Commissioner Ricardo Longoria, Jr. 4. CONSENT AGENDA ITEMS: All consent Agenda Items listed were considered to be routine by the City Commission and were approved by one motion. Upon motion by Commissioner Ricardo Longoria, Jr., seconded by Commissioner John Villarreal and carried unanimously, Consent Agenda Items a through c were approved. ITEMS No. a through c a) Approval of the Minutes of the Regular Meeting of March 07, 2017. b) To acknowledge the following individuals to incur travel expense: Employee Department Destination Date Bryant Walker Airport Austin, TX Apr. 17-19, 2017 Francisco Partida Airport Austin, TX Apr. 17-19, 2017 Bryant Walker Airport Long Beach, CA May 06-10, 2017 Jeffrey Stewart BMetro Fort Worth, TX Mar. 26-28, 2017 Robert J. Garza BMetro Fort Worth, TX Mar. 28-30, 2017 Ysenia Bazaldua Parks Sacramento, CA Mar. 27-30, 2017 Luis Uresti Parks Sacramento, CA Mar. 27-30, 2017 Jesus Ibarra Police Houston, TX Mar. 26-31, 2017 Miguel Martinez Police New Braunfels, TX Apr. 02-07, 2017 Laura Gonzalez Police New Braunfels, TX Apr. 02-07, 2017 Markham Moreno Police New Braunfels, TX Apr. 02-07, 2017 Hugo Valdez Police New Braunfels, TX Apr. 02-07, 2017 c) APPROVAL on SECOND and FINAL READING on Ordinance Number 2017-1217-E, adopting map depicting Impact Fee Services Areas in accordance with Ordinance Number 2016-2017-D. BOARDS AND COMMISSIONS: 5. Consideration and ACTION to appoint or re-appoint members to the Board of Adjustment & Appeals. Commissioner Cesar de Leon moved that Mr. Dillon E. Vanderford, Jr., Mr. Howard Slackman and Ms. Maria Alicia Loya, be appointed to the Board of Adjustment & Appeals. The motion was seconded by Commissioner Jessica Tetreau and carried unanimously. Minutes March 21, 2017 Page 3 of 8
PUBLIC HEARINGS: 6. Public Hearing and ACTION on FIRST READING on Ordinance Number 2017-1518-A, amending the Code of Ordinances, Chapter 18, Article XI, by adding Division 3, Solar Energy Systems. Upon motion by Commissioner Rose Gowen seconded by Commissioner Jessica Tetreau and carried unanimously, this item was tabled. 7. Public Hearing and ACTION on FIRST READING on Ordinance Number 235-2017-004- CO, to rezone from Dwelling G (DG) to Apartment H (AH) for 51.91 acres for Share 12, Tract L, Espiritu Santo Grant located near Laredo Road. (District 4) Upon motion by Commissioner Jessica Tetreau seconded by Commissioner Ricardo Longoria, Jr., and carried unanimously, the public hearing was closed. Commissioner Jessica Tetreau moved that Ordinance Number 235-2017-004-CO, be adopted at first reading, to rezone from Dwelling G (DG) to Apartment H (AH) for 51.91 acres for Share 12, Tract L, Espiritu Santo Grant located near Laredo Road. (District 4) The motion was seconded by Commissioner John Villarreal and carried unanimously. 8. Public Hearing and ACTION on FIRST READING on Ordinance Number 235-2017-015, to rezone from Medium Retail Z (3C) to General Retail G (4CG) for 1.04 acres tract out of Lot 9, Pomelos Subdivision, located at 5500 Paredes Line Road. (District 3) Upon motion by Commissioner John Villarreal seconded by Commissioner Jessica Tetreau and carried unanimously, the public hearing was closed. Commissioner Ricardo Longoria, Jr., moved that Ordinance Number 235-2017-015, be adopted at first reading, to rezone from Medium Retail Z (3C) to General Retail G (4CG) for 1.04 acres tract out of Lot 9, Pomelos Subdivision, located at 5500 Paredes Line Road. (District 3) The motion was seconded by Commissioner John Villarreal and carried unanimously. 9. Public Hearing and ACTION on FIRST READING on Ordinance Number 235-2017-018, to rezone from General Retail F (4CF) to General Retail H (4CH) for 0.137 acres for Lot 5, Block 246, Brownsville Original Townsite, located at 1114 E. Ringgold Street. (District 4) Ms. Veronica Medrano opposed to the rezoning of the proposed ordinance. Minutes March 21, 2017 Page 4 of 8
Ms. Julie Salinas, owner of the property, gave a brief explanation of the type of apartments that would be constructed on the property. Ms. Norma Alicia and Ms. Rosanna Saxs opposed to the proposed rezoning ordinance. Upon motion by Commissioner Ricardo Longoria, Jr., seconded by Commissioner John Villarreal and carried unanimously, the public hearing was closed. Commissioner Ricardo Longoria, Jr., moved that Ordinance Number 235-2017-018, be adopted at first reading, to rezone from General Retail F (4CF) to General Retail H (4CH) for 0.137 acres for Lot 5, Block 246, Brownsville Original Townsite, located at 1114 E. Ringgold Street. (District 4) The motion was seconded by Commissioner John Villarreal and failed by the following vote: Ayes: Commissioners Gowen, Longoria, Jr., and Villarreal Nays: Commissioners de Leon, Tetreau, and Mayor Martinez 10. Public Hearing and ACTION on FIRST READING on Ordinance Number 235-2017-019, to rezone from General Retail F (4CF) to General Retail H (4CH) for 0.137 acres for Lot 2, Block 244, Goodrich-Forto Tract, located at 940 Ringgold Street. (District 4) Upon motion by Commissioner Jessica Tetreau seconded by Commissioner John Villarreal and carried unanimously, the public hearing was closed. Commissioner John Villarreal moved that Ordinance Number 235-2017-019, be adopted at first reading, to rezone from General Retail F (4CF) to General Retail H (4CH) for 0.137 acres for Lot 2, Block 244, Goodrich-Forto Tract, located at 940 Ringgold Street. (District 4) The motion was seconded by Commissioner Rose Gowen and carried as follow: Ayes: Commissioners Gowen, Villarreal, Longoria, Jr., and Mayor Martinez Nays: Commissioners de Leon and Tetreau 11. Public Hearing and ACTION on FIRST READING on Ordinance Number 235-2017-020, to rezone from Dwelling A (DA) to Dwelling G (DG) for 0.13 acres for Lot 2, Block 5, Brownsville Country Club Subdivision, located at 15 Irapuato Street. (District 3) Upon motion by Commissioner Rose Gowen seconded by Commissioner John Villarreal and carried unanimously, the public hearing was closed. Commissioner Rose Gowen moved that Ordinance Number 235-2017-020, be adopted at first reading, to rezone from Dwelling A (DA) to Dwelling G (DG) for 0.13 acres for Lot 2, Block 5, Brownsville Country Club Subdivision, located at 15 Irapuato Street. (District 3) The motion was seconded by Commissioner Cesar de Leon and carried unanimously. Minutes March 21, 2017 Page 5 of 8
12. Public Hearing and ACTION on FIRST READING on Ordinance Number 235-2017-021- CO, to rezone from Apartments F (AF) to General Retail F (4CF) for 1.07 acres for 1- acre Tract and a part of Share 19, Espiritu Santo Grant, located at 624 Old Port Isabel Road. (District 2) Upon motion by Commissioner Rose Gowen seconded by Commissioner Jessica Tetreau and carried unanimously, the public hearing was closed. Commissioner Rose Gowen moved that Ordinance Number 235-2017-021-CO, be adopted at first reading, to rezone from Apartments F (AF) to General Retail F (4CF) for 1.07 acres for 1-acre Tract and a part of Share 19, Espiritu Santo Grant, located at 624 Old Port Isabel Road. (District 2) The motion was seconded by Commissioner Jessica Tetreau and carried unanimously. 13. Public Hearing and ACTION on FIRST READING on Ordinance Number 235-2017-024, to rezone from General Retail F (4CF) to General Retail H (4CH) for 0.137 acres for Lot 2, Block 23, Paredes Tract Addition, located at 1316 E. Tyler Street. (District 1) Upon motion by Commissioner Ricardo Longoria, Jr., seconded by Commissioner Rose Gowen and carried unanimously, the public hearing was closed. Commissioner Ricardo Longoria, Jr., moved that Ordinance Number 235-2017-024, be adopted at first reading, to rezone from General Retail F (4CF) to General Retail H (4CH) for 0.137 acres for Lot 2, Block 23, Paredes Tract Addition, located at 1316 E. Tyler Street. (District 1) The motion was seconded by Commissioner John Villarreal and carried unanimously. 14. Public Hearing and ACTION on FIRST READING on Ordinance Number 235-2017-602- CU, to allow a conditional use permit to sale on-premises alcohol (wet restaurant) for Lot 19, Block 9, East Brownsville Addition, located at 1703 Southmost Road. (District 1) Upon motion by Commissioner Ricardo Longoria, Jr., seconded by Commissioner John Villarreal and carried unanimously, the public hearing was closed. Commissioner Ricardo Longoria, Jr., moved that Ordinance Number 235-2017-602-CU, be adopted at first reading, to allow a conditional use permit to sale on-premises alcohol (wet restaurant) for Lot 19, Block 9, East Brownsville Addition, located at 1703 Southmost Road. (District 1) The motion was seconded by Commissioner John Villarreal and carried unanimously. Minutes March 21, 2017 Page 6 of 8
* * * * * * * * * * * * * * * 15. PUBLIC COMMENT PERIOD: PLEASE NOTE: Mr. Aldo Arteaga, Mr. Feliberto Ballesteros, Mr. Jorge Contla, and Mr. Pedro Hernandez, were seeking answers in regards to their pay of work performed at the Southmost Hike/Bike Trail project, by the City. PURCHASES/BIDS/CONTRACTS: 16. Consideration and ACTION to approve the purchase and delivery of two (2) New Fire Brush Trucks to be used by the Brownsville Fire & EMS Department. Commissioner Rose Gowen moved that the purchase and delivery of two (2) New Fire Brush Trucks for the use of the Brownsville Fire & EMS Department be awarded to Chastang Ford of Houston, Texas in the amount of $238,608.00. The motion was seconded by Commissioner Ricardo Longoria, Jr., and carried unanimously. 17. Consideration and ACTION to award a contract for Architectural Services for La Casa De Nylon Rehabilitation Project to Roberto J. Ruiz Architect Incorporated, in the amount of $100,000.00. Commissioner John Villarreal moved that a contract for Architectural Services for La Casa De Nylon Rehabilitation Project be awarded to Roberto Ruiz of Brownsville, Texas, in the amount of $100,000.00. The motion was seconded by Commissioner Rose Gowen and carried unanimously. 18. Consideration and ACTION to request authorization to extend term contract for Commercial and Industrial Solid Waste Collection Services for the City of Brownsville on a month to month basis. Commissioner John Villarreal moved that the extension of a term contract for Commercial and Industrial Solid Waste Collection Services for the City of Brownsville on a month to month basis, be authorized. The motion was seconded by Commissioner Cesar de Leon and carried as follow: Ayes: Commissioners de Leon, Gowen, Longoria, Jr., Villarreal and Mayor Martinez Nays: None Abstained: Commissioner Tetreau 19. Consideration and ACTION to award a contract for Traffic Engineering Design Services for two traffic signals located at Price Road at Eagle Dr. East and Price Road at Eagle Drive West. Commissioner John Villarreal moved that a contract for Traffic Engineering Design Services for two traffic signals located at Price Road at Eagle Dr. East and Price Road at Eagle Drive West, be awarded to Aldana Engineering & Traffic Design, LLC of Weslaco, Texas, in the amount of $60,000.00. The motion was seconded by Commissioner Rose Gowen and carried unanimously. Minutes March 21, 2017 Page 7 of 8