City Commission - Regular Meeting

Oh, yes. Thank you for submitting it.

Yes. Thank you. Testing, testing.

Good afternoon and welcome to the City Commission of the City of Brownsville. Mayor, may we call the meeting to order?

Yes, please.

Pursuant to Chapter 551, Title 5 of the Texas Government Code that the Texas Open Meetings Notice is hereby given that the City Commission of the City of Brownsville, Texas, in accordance with Article 5, Section 12 of the Charter of said city, will convene at a regular meeting on July 21st, 2026. The time is 5 p.m. Here in the city commission chambers on the second floor of the Brownsville City Hall, old federal building located at 1001 East Elizabeth Street, Brownsville, Cameron County, Texas, 78520. We will proceed with the roll call starting with Mayor John Cowan Jr.

Present.

Commissioner Tino Villarreal.

Present.

Commissioner Narenth Galansky. Commissioner Brian Martinez.

Present.

Commissioner Linda Macias. Commissioner Gustavo De Leon. and Commissioner Pedro Cardenas. We do have a quorum to proceed. We will have the invocation that will be led by Pastor Brad Burke. And then following, we will have the Pledge of Allegiance to the Flags of the United States of America and the State of Texas will be led by Girl Scout Troop 111 and 257 by Ava Garcia. Please approach the dais and please stand.

Please remain standing afterwards for the pledge and to the both flags. Let's pray. Father God, once again, we thank you for this blessed nation we're blessed to be a part of. And Lord God, I ask you to lead and guide each of us and destroy all of our deceptions so that we can receive the revelation you have for us. Lord, I ask you to give each of us that special ability to be able to listen to each other and to hear each other out. Lord, I thank you so much for our mayor and each commissioner here today and everyone who's presenting anything. We ask that the best decisions be made for the city of Brownsville and help them to see the far-reaching effects of every decision they make. We thank you so much in the name of Jesus Christ. Amen.

Please join me in the Pledge of Allegiance.

I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Please join me in the Texas Pledge. Honor the Texas flag. I pledge allegiance to the Texas, one state under God, one and indivisible.

Thank you. We will alter the agenda to go into the proclamations before the executive session to recognize Scout Alan Hobbs.

Mr. Hobbs and his family, please come forth.

Mayor Mrakas, So this is my honor to read this proclamation of the city, Commissioner brownsville Texas recognizing scout Alan Hobbs. Mayor Mrakas, Whereas Alan Hobbs is is an outstanding youth leader and member of scout troop 11 who has demonstrated dedication leadership and commitment to Community service through his pursuit of the rank of Eagle scout. And whereas under the leadership and mentorship of Andrew Jarrus and Larry Jogle, Alan Hobbs successfully planned, organized, and completed an Eagle Scout community service project benefiting Kenmont Montessori School. And whereas Alan Hobbs designed and created a butterfly garden memorial in honor of the late Ms. Camarillo, a beloved educator who dedicated more than 30 years of service the students and families of kenmont montessori school and whereas the city of brownsville recognizes the importance of youth leadership volunteerism community engagement and the positive impact that eagle scout projects have in strengthening and beautifying our community now therefore we the members of the city commission of the city of brownsville texas by the virtue of the authority vested by the charter of said city, do hereby recognize the outstanding achievements of Alan Hobbs and commend his exemplary service to the community. Done on this, the 21st day of July, 2026.

Right over here. Three, one, two, and three. One more. One, two, and If you'd like to say some words, Mike's yours.

I would just like to thank the Commission and the City of Brownsville for this amazing honor. Really, this wouldn't have been possible without my amazing mother, my father, Mr. Tino Villarreal and all of St. Joseph Academy helping build me throughout my adolescence. And all of Troop 11, Mr. Jerez, Mr. Jokel, Mr. and Mrs. Garcia, definitely helping me become the person I am today as I grew up. And again, I just want to thank you guys so much for this amazing honor.

And thank you.

The next item is for the executive session. Mayor, may we enter into executive session?

Yes, I'll entertain a motion. Second. We have a motion and a second. All those in favor, please say aye. Aye. Ayes have it. Motion carries.

And it passes 7-0. We have Commissioner Macias present. Item number one is a closed session pursuant to the Texas Government Code Section 551.071 related to the CCAD property ID 30393. The time is 5.07 p.m. The City Commission will enter into executive session and we will return. Thank you. Convenient to open session.

Yes, please.

The time is 519 PM. We are back into open session. The next item is the public comment period. We did receive six that were pre-registered. One came in at 4.03, which is added on the list. Out of the six, one has indicated that they do not wish to speak. We will make a note of their comments for the record. You will be allowed to speak up to three minutes. You will approach the podium, and the time will begin after you state your name and your address for the record. We will start with Nora Marcos. You can come to the podium. State your name and your address for the record and the time will begin.

Ramirez Marcos. I live at 1905 West Madison. I am speaking on behalf of my father, Rolando Ramirez, who is the executor of the estate for Nora Ramirez. This is about the city's illegal dumping in the Amigo Land area. Again, this is illegal dumping that is defined in the Texas Solid Waste Disposal Act as disposing of waste at a location that is not an approved solid waste site. As you consider this matter, and I appreciate your attention to this, I want you to keep in mind the provisions of that Solid Waste Disposal Act. Specifically, there are state and federal penalties for disposal of over a thousand pounds or 200 cubic feet, identifying that potentially as a as a state felony. And the other thing to keep in mind is it's not just waste, it's potentially hazardous waste, depending on the matter that is the composition of that waste. And I know as as responsible public servants, you ought to make sure that this just doesn't happen on this land, on any land. So I look forward to whatever processes you put in place to ensure that that doesn't happen. This isn't just a matter of the Ramirez estate. This is a matter for Brownsville. And we should be the example. We have such beautiful land. We have such beautiful beaches. Brownsville should be the example on what it is to dispose of waste. So I look forward to an expeditious, thorough, and judicious resolution to this matter with direct communication to my father, Rolando Ramirez, again, who is the executor of my mom's estate, who is identified in the county records as a landholder. Lastly, just to reinforce, the executor of my grandmother's estate, Amelia De Leon, is Gus De Leon, who has recused himself, not just as a city commissioner, but as the executor for this purpose, for this resolution. So direct communications with Rolando Ramirez is absolutely gratefully appreciated. So Mayor Cowan, city commissioners, Thank you for your service and and we look forward to this resolution. Thank you.

The next speaker, if you can come to the podium, Yolanda space. Please state your name and your address for the record. The time will begin after.

My name is Yolanda space and as I said, I don't want to give my address and I shouldn't have to because of privacy reasons. When I was a little girl, I loved Superman. I promised myself that if I ever met a man who looked at me the way he looked at Lois Lane, I would marry him. And I found him, and he gave me nearly 30 years of his life. The thing is, there was a movie in the franchise where General Zod, Ursa, and Nun invaded planet Earth and tried to take over Metropolis. General Zod demanded that Superman kneel before him. He wouldn't do it because he had an obligation to humans. Loyalty. That's a hard thing to find, especially here in Brownsville, Texas, from public servants. Superman would not kneel to Zod. It seems that Brownsville leadership will bow down to anyone from Elon Musk to dismantling the LGBT task force because of emotional blackmailing and financial cuts. You fold too falsely. I guess my dad was right when he said that as smart as a person can be, that's as stupid as they are. It just reminds me of those friends who seem to like you and your company, but when they were emotionally blackmailed to stop being your friend, they gave in. You're not in middle school, and we have an obligation to the people we promise to be loyal to and to serve. Look at and threats of emotional blackmail shouldn't be enough to dismantle loyalty. Apparently the city commission and the mayor don't seem to possess any of that. to truly represent us. If you dismantle something for someone so easily, I can only imagine how you treat your family and friends when nudged. Some of you are up for reelection in 2027. Do you think we owe you loyalty seeing how quickly you back down? You have a job and that job is to serve us as a community and have our backs. Hell, we're even paying you for it. You even expecting to be paid more. You're even expecting to be paid more when you haven't really done a great job recently with salary. You have not earned your job is to service. You aren't and to expect more when you haven't done your part is unprofessional, inappropriate, unilateral and It's just not enough for us to re-elect you. If you can't be loyal to us, why should we be loyal to you and pay for something you can't even and won't deliver on? A lot of people are asking what Janet Jackson asked many years ago. What have you done for me lately? When an attorney isn't doing their job, you hire one that does, will, and can.

Next speaker we have is Jesse Gonzalez. If you can come to the podium. Please state your name and your address for the record. The time will begin after.

Good afternoon. My name is Jesse Gonzalez. Apologies, I just moved, Commissioner, so I don't know my address by memory. I'll have it for you next time I come. I am here as a member of the community concerned to speak out against the proposed AI data center done by Southwest Key Casa Padre. This center will more than likely direct water from the stream to supply its immense water needs. Additionally, the water waste they discharge can introduce pollutants like biocides, corrosion inhibitors, and trace heavy metals into our local waters. These local waters connect indirectly and directly to our Casa de la Padre Palms Reservoir. I'm additionally concerned about the powers of consumption that will come from these data centers. In Harlingen, a proposed center was set to consume 2 million to 2 billion watts of energy. To supply such needs, two nuclear power plants would be needed, or if no additional power is supplied, the cost of energy goes up for the surrounding community. This effect has taken hold in places like North Virginia, Chicago, California, Abilene, Texas, and even more cities across the country where the cost of electricity has skyrocketed thanks to the power consumption of these centers. Brownsville sentiment is not on the side of raising the cost of living, so I urge you commissioners to make a decision that will serve the many over the few. to any commissioners that like to contact me and discuss more about this decision. You have my information. I respond better via text or email, and I yield the rest of my time. Thank you.

Next speaker Diablo Venice. You can approach the podium. Please state your name and your address for the record. The time will begin after

I'm going to talk about the new Coca-Cola mural in downtown Broadway. My name is Diablo Velez, 1254 Tyler. Lady Candace Tangora, she criticized the city for neglecting art and culture in the city, and she proposed to operate an incubator of art to promote and to enhance the arts in Brownsville. Here, I say this because here in downtown Brownsville, somebody painted a advertising Coca-Cola sign that is depicting two young Mexicans, female and male, dressing in the 1800s costumes or outfits. And they are drinking Coca-Cola from one bottle. The trouble I have, I understand, rather, I understand that it was petitioned by the US government to commemorate the 250 years of the American Revolution. The trouble I have with this mural is that the Coca-Cola company took advantage of the founding of America to promote and to sell Coca-Cola and make a profit. And that, ladies and gentlemen, is very obscene and very highly disrespectful for the Mexican community, for the cultural heritage, because the Coca-Cola company is taking a big right on the culture of the Mexican heritage to sell these Coca-Cola drinks. I know commissioners and you, Mayor, you don't see it that way. You commissioners are Chicanos, Pochos, You don't give a damn about these traditional Mexican values. And you, Mayor, you are a white person. For you, these traditional values is just as novice. I wanted to recommend to the commissioners and to you, Mayor, to write a letter to the Coca-Cola company and tell them to, or rather demand to the Coca-Cola company to remove the Coca-Cola bottle from that mural and leave the rest of it. It is like condensed Tangora says to you, you neglect art in the city. And this so-called mural is not art. And is rather highly disrespectful. Here in Houston was playing the World Cup soccer tournament. And I am a homeless. I walk the streets all the time. And I never see any foreign people, people from other countries, walk in the street or downtown Brownsville. And the reason for that is that there is nothing in Brownsville to be seen. Thank you.

And the last speaker we have is Merida Hernandez. Please approach the podium. You will have up to 30 minutes. Please state your name and your address for the record.

Good afternoon, Mayor and Commissioners. My name is Mirta Hernandez. I live on 1248 East Monroe Street. This is the neighborhood where the new event center is proposed. I'm not here to oppose or to protest about it. I actually think it's a good idea that those old buildings are being used instead of being abandoned. But I have some concerns about it. The first one would be the noise. How much noise is it going to be allowed? I read on a memo that They're going to have measures to control the noise. But I don't know if it's going to be allowed that the noise is taken to their outdoor spaces. The second one would be the traffic and the parking. I think they're not required to have a parking lot since it's in a historic district. So my concern is that vehicles will be parked in front of our houses. I know it's a street, but it's the only space we have to park or block in our driveways. And the last 1 would be, um, security if they're going to have security, I don't know if they're going to be allowed to. To have alcohol in their events, and if attendees are going to be allowed to go into the into the alleys, which are next to our backyard. So if this project moves forward, I respectfully ask that you require strict conditions, including reasonable operating hours, effective noise controls, parking arrangements with the people that will have events, professional security, and strong enforcement measures to protect the surrounding community. Thank you for your time and consideration.

And that concludes the public comment period. Next, we will enter into presentation, which is on the recreation centers, building on today's success planning for tomorrow. I'll turn it over to staff.

good evening mayor commissioners beautiful guests from brownsville i am the director of parks and recreation sean de palma i'm here to give you a brief update on some of the studies that we recently did and surveys as you know we recently conducted three types of surveys and i'll break them down for you and this was to engage with the public to gain their desire of what they would like to see and if they would like to see a new rec center and what they would like to see with their current rec centers. We did do three different surveys. And as I go through them, the first one was the PAR survey, which was an in-house survey that came out of the Mayor and commission retreat and then the 2nd survey was the city wide survey from on point that you received the data points possibly within the last month. And then our, our 3rd survey was the YMCA. 4 square feasibility study, which we did in conjunction with the San Antonio through 4 squares as an independent firm. So there was 3 surveys and we'll go through them tonight. Very briefly. The first one was the citywide, it was the PAR survey that we did in-house, Your Rec, Your Voice. This engagement, we were able to render contact with 935 community members. The main point or what we've seen as the results was 95% of our citizens supported a new rec center. 40% of that of our 933 respondents preferred the region of North Brownsville, which is currently called North Brownsville, but as we know, geographically would be central part of Brownsville near the sports park was in that vicinity as we did the surveys and they expressed a strong interest in family recreation wellness. youth programming and indoor recreation opportunities Which is directly tied into our parks health and recreation master plan that was codified by this commission This this early quarter of this year The second survey was the citywide survey that was done by a firm called on point over there

on point.

That survey had 709 respondents. In that survey, we found the main components of that was 52% of the respondents supported a new rec center, 13% supported a more modest recreation investment, which was mainly towards our current recreation centers. And then 67% did not support additional tax to fund those considerations. Our next survey was the one that we did in conjunction with the YMCA from San Antonio chapter. This was done by an outside firm called Foursquare. They did 795, roughly 800 respondents. to that feasibility study. And one of the key points that they find specifically was that they did not see us getting a new rec center. They were really focused on programming and partnership. And just to highlight a couple other things were that the brand awareness of YMCA was somewhat lower than national average coming in. There was a price sensitivity that is being researched as well. But what we did find is they're right in line with the there was a significant desire for expanding family recreation, STEM programming, health wellness services, Through the, but not as a standalone, but as a partner, so that kind of ties in with what we've been seeing with the parks health recreation master plan that the programming increase, uh, on, um, so all 3 studies, uh, consistent of a very single, um. Direction that we identified and what that came down to was. that the community did desire continuing investment and maintenance of our current facilities. So they did want to see our current facilities invested in. They did want to see an enhancement and modernization of our current recreation facilities. They did want to see expansion of programming through strategic partnership, and they wanted us to continue planning for future recreation needs through data-driven decision making uh so we have already started with a game plan of strategy of how to kind of break this down which is to maintain to modernize expand partner and plan and we are in this is actually in line with the parks health and recreation master plan So all 3 of these independent studies were tied into each of those were tied into key points that came out of the parks, health and recreation master plan. Another item I do want to know is all 3 of them were done. No. 2 of them were done in English and Spanish, so we really did try to capture, but cumulatively were over 2000 surveys between the 3. um, in addition to that, um. Everything here, this, this, um, strategic priorities are perfectly aligned with what we've been talking about. I did want to end my remarks tonight with, uh, of course, open for questions, but prior to that, we do have funding at 300,000 dollars. That's already allocated. Or airmarked actually, I'm sorry, earmarked from, uh, in partnership with them to either plan for, uh, rendering and the 1st stage of what a recreation center would look like. And to do that type of work, we have looked into what that would look like as far as a scope of work if we went out to a firm. And at this time, I would like consideration that in the future we can come back and ask to utilize that money and move forward with that step in the process.

Any questions? All this data I brought to you have no questions.

Okay, that's fine.

So I did the survey from the friends of the Dean Porter Park this week, which is kind of asking for information relative. Similar to what you're saying, are they working with you? Because there's a lot of overlap and I'd hate for them to, or for each entity to be working separately.

So Dean Porter Park, and that's that LLC that was put together several years ago, we actually sit with them on their board. They have a meeting coming up and we work in partnership. As far as Dean Porter Park, it's one facility within the whole park system that is noted in the park's health and recreation master plan. What I can say is we do work hand in hand with them. I have in the past brought up looking at how to partner and maybe look into creating a conservatism specifically for Dean Porter Park because it is a unique facility within our park inventory. But as far as their survey, we'll see the rendering of it and what's the outcome. But all these independent surveys have been staying in trend that the citizens of what's been trending, even with the master plan, is they want us to maintain what we have, then look to build new, expand programming, and do it through partnerships. So those are kind of what it is. And I feel we're going to be right in that area with the Dean Porter Park group as well.

So are they doing their own?

They're doing it independently, but we have been in partnership with them. We just didn't work on that survey specifically.

You know, in terms of of of building a new rec center, I think, you know, I think the data shows that, you know, people feel overtaxed. And I think it's all about taking a partnership approach. If we can show that we can raise a considerable number toward a new rec center through grants or contributions, that I think it has a better shot of Gardening community wide support, so I think if we do, um. Go forward with that. I really want to press on trying to raise. Or, you know, not, you know, I don't want to put all the burden on the taxpayer. I want to show that we can raise. Um, through sponsorships or through grants or through, uh, philanthropy, uh. a big part of this as well. So I think that should be a strategy that we pursue.

Yes, and we totally agree with you. We're in that same mindset, Mr. Mayor. The reason I'm asking to utilize the AIRMARK funding is, as we all know, when you go out for a capital project, You want to have something tangible with design, with cost analysis and amenities and a template of how we can go from where we are to a finished product, not only for the public to see that and be transparent, but also to shop it around to a campaign and go after OPM, other people's money, meaning federal funds, P3s, and so forth. Great. Thank you so much. Yes, sir. Thank you, everyone, and have a pleasant evening. Appreciate it. Thank you so much.

Next, we will move on to the City Manager's Update, Pet of the Month Adoption Spotlight.

Mayor and Commission, one of the things that I've been working with our Brownsville Animal Regulation and Care Center is creating opportunities where we can educate the public about bark and what they do. also to make them aware of adoption opportunities so in working with our new deputy director joanna they have brought a a potential adoptee here tonight and they'll be bringing one to the second meeting of each month and also sharing a fun a fun fact about bark and about our our animal population we we get a number of viewers who watch these meetings and so we felt like this was a great opportunity to expose the public to the great work that they're doing at bark

So, without turn it over to Joanna, uh, mayor commissioners, um, like, uh. Mr guard said, my name is John Medina and I'm the assistant director for, uh, the Department of health and wellness and animal services until today with me is Miss Jordan Wally. She's our adoption specialist. And she'll be presenting the pets of the month.

hi and thank you so much for having me, I am the adoption specialist at the shelter bark and i've been here for about two and a half years and. I get to do something I love every single day, and that is get to know the animals that are coming into my facility. get to know them this way i don't just find them a home i find them that forever home that they're going to be looking for so today i did want to go ahead and spotlight four dogs and i have great news three out of the four have been adopted it wasn't always easy so we have honey which is the first dog on your right honey was adopted as a puppy she was brought back at six months age just because of her size. Unfortunately, whenever we do adoptions, we don't know the breed. They are Texas dogs, brown and black. So we guesstimate Honey was returned. After 45 days of being in our shelter, being returned, she did go to rescue. So Honey was saved. We don't just do adoptions. We also work through rescues, in-state, out-of-state, anything we can do to find a live outcome for our animals. Next is Burrito. He came in injured. He was run over by a vehicle. His right leg was injured. He got adopted. One of our staff members did go ahead and foster. That is something we love to do as well. We take the animals home. We fall deeply in love, and sometimes they do result in adoption. And so Burrito was adopted this week. Next over was Zennie. Zennie was such a beautiful girl, but she came in very timid, very scared. So our staff did take day by day. Zennie did go ahead and spend about 70 days in our shelter. No matter how many times I did spotlight her on our social media, she did get overlooked. And that is black dogs do tend to get overlooked just because they don't photograph well. But it just takes that special moment to come into the shelter, and just let them save you just like you're wanting to save them. And lastly, I have Bridget here. I don't know her full entire story. What I do know is that she's been with us for 60 days in her three day stray hold. She did have a litter of puppies. So one turned into eight. And so she has been an amazing mother. She's with us. She's with us today. She's sitting down. She's proper. She it's just a sweet girl her babies are ready for adoption and I just wanted to highlight her because she matters and that is something that I just wanted to thank you guys so much for allowing us to do this because I would like to everybody to see that we do care and that we do want a home for every single animal So, when you do go ahead and adopt, you can come in, you can look at our website, btxbark.com. If you just want to take a look beforehand, this way you get an idea, or you can always come in, walk in. And I do want you to know every adoption comes with the essentials to help your new best friend settle in, feel safe, and start their new happy life. So, of course, we don't want you guys to have to worry about Vaccines. We don't want you to have to worry about repopulation. So we are with the $25 adoption fee. They come spayed and neutered. They do come up to date on vaccines. They're microchipped. They're rabies vaccinated and they're fleeing to prevention. This way for the first couple months, you can just focus on your dog and not have to worry about all the extra things that come with them, but also know that you're saving a life for that $25 and they're much more grateful.

And also, we have a fun fact.

Oh, yes. So fun fact, every adoption actually saves two lives. So when you adopt, you not only save the animal that you're adopting, but you allow a new animal to come and take their space.

Absolutely. Thank you very much for the time and for the opportunity.

Thank you for being here.

Thank you, ladies.

Thank you.

The next item is the City of Brownsville's 2026 Summer Interns. We'll turn it over to staff.

Mayor and Commission, we want to take this opportunity to thank, and I've counted 19 names on the list. We've had a number of students from a bunch of different universities that have helped out. They didn't just come in and do filing. We have really tried to provide real experiences for these students to come in and see what it's like to work for the City of Brownsville. Hopefully we have some future employees here. We're always looking for sharp minds and it's even better if we can bring someone home back to Brownsville to provide services to their community. So we want to present our interns tonight. We have a little certificate for them and we wanted to recognize them. So here we go.

Jasmine Bennett from the University of Texas at Austin. Okay. They're not all here. There are busy alien Florida.

Baylor Baylor. Samuel Salinas, Texas A&M College Station. Juan Garza. From Texas A&M.

Samantha Ramirez from the University of Rochester, and she graduated.

Bruce Alan Tharp from Texas Southwest College. Sebastian Alaniz from Boston University. Daniel Fierro from the University of Texas at Austin.

Emmanuel Guerra from UTRGV. Jan Garner Vaughan, or I'm sorry, Ian Garner Vaughan from Texas A&M working on his master's in public health, which he completed. Laura Christine Hopkins from Texas A&M University, working on her Doctor of Public Health.

Lucas Cristiano from UT Austin. Alvaro Velez from the University of Texas at Austin. Finance Department. like savannah benke from the ut austin uh did i name alvaro velez yes ah sorry Alexa Luna from Notre Dame up there on the guys. Ashley Ramirez Casanova from Notre Dame. Yeah, Bruce Allen. Bruce Allen, go that way.

That's okay. Julianne Guzman from UTRGV.

Adrian Trevino from Northwest Vista College.

And Natalia Fernandez from Texas Southern University from the Thurgood Marshall School of Law.

These are people. Failure. Three, one, two, and three. Two and three. That's exciting. I don't get it. We really want to thank all of our.

We want to thank all of our interns that have really helped out with the city of Brownsville this summer. They still some of them still have a couple of more weeks. We have some that will be extending some service into the almost into the fall and working with us a little bit longer. but we really appreciate what they do, what they bring. Again, we want to give them a great experience. There are some cupcakes out in the hall to share. Again, a little thank you, and thank you for your support, Commission. Several of you brought us some of these fine folks to come and work with us, and we hope that the experience has worked out for them as well. Thank you very much, and that's it for City Manager's Update tonight.

Next, we will move on to the consent agenda items for your considerations. Items 1 through 10. I'll move to approve the consent agenda.

Second. All right. We have a motion and a second to approve. All those in favor, please say aye. Aye. All those opposed, say nay. Ayes have it. Motion carries.

It carries 7 to 0. Moving on to the public hearing item number one is a public hearing and action on the first reading on ordinance number 235-2026-014S to request a specific use permit. I'm an SUP. in the downtown edge de for the zoning district to allow an event center for lots 13 and 14 block 120 in brownsville the original town site cameron county texas located at 1247 east madison street brownsville texas 78520 as shown in exhibit a in district 4 we'll turn it over to staff

Thank you giving commissioners and members of the general public, uh, Sam new year.

And I'm, I'm so sorry to interrupt, but mayor, I would like to make a motion or move out of order public hearing number four to entertain it to first, we have to need a motion to do that.

No, I want to move number four public hearing first.

Oh,

That's fine. We can accommodate that.

Yeah, we couldn't alter the agenda. Thank you so much to public hearing number four is a public hearing in action on the first reading on ordinance number 2026-1811. I'm accepting and approving an update to the Paseo de la Rezaca Lighting and Landscape and Maintenance Public Improvement District PID, the Operations and Maintenance Service and Assessment Plan, accepting and approving the updated assessment role for the PID, making a finding of a special benefit to the property within the PID, levying the special assessments against such property, and establishing a lien on such property, providing for the method of the assessment and the payment of the assessments levied against the PID assessed property, providing the penalties and interest on delinquent assessments, In accordance with chapter three, seventy two of the Texas local government of the Texas local government code as amended, we'll turn it over to staff.

Hello mayor and city commission. I asked Mr muse up there so that he can help me present with some of the financial information. Um, the sale board met next slide please. The sale board met, um, in June, and after doing their own study analysis of their financials, they have determined and recommending. That the, um, the pit assessment rate be reduced from 15 cents for every 100 to valuation to 10 cents. And so, um. That would give them collectively a tax levy of 524,390, which would my understanding to be sufficient to cover their obligations for the maintenance. Next slide. And then from here, I'll let Steven take it over.

All right, so let me just back up one real quick to explain a little bit on this one. The board asked for a range as they assessed what would be an appropriate tax levy to cover their operational costs. And this is what we put together for them. We took the preliminary taxable values. Provided what they're likely going to receive, uh, based on these tax rates, 15 cents, 14 cents through down to 10 cents. Right? And so we went ahead and put together a projected budget for the next few years. Um, and it's got all their line items here. Uh, as you can see, the biggest expense is a non cash expense, uh, depreciation expense there. Uh, but the, the main point we wanted to point out here is that with the. 15 cents is established with 15 cents. You can see that the fund balance at the very bottom continues to grow from 1.7Million to almost 3.5Million. Meaning that 15 cents is more than enough to cover the current costs. This is their fiscal year 2026 budget. This is how we arrived at their 1.2Million dollar cash balance. They had a starting balance of 755,000 that included the debt payment. Additional debt payment they made last year, 400,000 to the city to repay the loan a little earlier. Right. And even with that payment, they grew their debt balance from almost 60% to 1.2 million, if you exclude the non-cash transaction of depreciation. This is just an example of how we projected the rest of the year. These are actuals through May, and then we put together projections based on historical costs for June, July, August, and September. And then there at the bottom is where you get that $1.2 million, $81,000 restricted to parks department projects, and then unassigned cash balance of almost $1.2 there. And that's an explanation on the numbers.

Was there any questions on what we were looking at here?

Thank you, Stephen. So as I said earlier, the PID Board decided on a recommendation of 10 cents for every 100 on June 25th of this year. On July the 7th, we had a resolution on the agenda for calling this public hearing. Today, we're here at the public hearing and first reading. We have a second reading that will occur on August 4th, and then depending on the outcome of that we will then send it to the county partners so they can process the pit assessment.

Any questions?

I just I want to thank Mr. Mews and as well Will Trevino and Rafael Garcia for all their help and their collaboration. And just to further explain and expand on how we got here, I do want to explain that Precinct 72 and the lower part of Precinct 5, there was a lot of questions online when I went ahead and put out a video explaining about today's meeting. It's a very unique area. And while the rest of the district pays a certain percentage of taxing units, the ones that live in Precinct 72 and the lower part of Precinct 5, they pay an additional two units, two taxing units. So they pay... two more, they painted two more buckets per se. And the reason that they pay into more buckets, it's because of the development. The developer created something called a public infrastructure district to maintain the parks and improve the trails that's known as a . Then they created a mud tax, which is known as Municipal Utilities District, created by state law to provide essential utility services such as water, sewer, and drainage. And in May of 2023, I was elected to serve the district and made it a mission of mine to reduce taxes for the district. And since then, I will share with you that the city of Bronzeville has reduced its property tax rate by $0.09 per 100 valuation, going in from $0.69 to $0.60. When we look at the MUD, they have to reduce their taxing unit by $0.09 per 100 valuation. And so now in 2005, I'm sorry, in 2025, I was elected as chairwoman of the board, spearheading the initiative to provide the highest quality of care for those trails at the lowest cost. In full transparency and in sharing the numbers here, we receive anywhere between $700,000 to $800,000 annually, and we are currently spending $200,000 to $300,000 of expenses such as security, maintenance, grounds, paying employees, fixing aerators, replacing playgrounds, fixing sidewalks, and in addition, the city of Bronzeville a couple of years ago They gave us monies to replace the seawall, which we have been paying a hundred thousand annually per year or annually to pay off that loan. So those are the costs that are going into this pit and we are saving annually and we're between 400 to 500,000. We find it physically irresponsible to be safeguarding or hoarding that much money annually into a savings account. In addition, we also have $1.3 million, and we also have $3 million in the mud, in which, say, if this were to get approved and later on the seawall messes up or there's some additional cost that we may need, the mud board members have discussed with us that they're willing to help out and give from what they can from that fund onto the pit board as well. So we have that to fall back on. so after working with pit board members the city of bronzeville we are here today to ask to reduce the tax rate from the pit from 15 cents to 10 cents it has been a rigorous and challenging path to be here and to propose this change but it's been an honor to put forth effort and collaboration to help the district and to help the people that pass so with that being said um mayor i Close out my my comments and just wanted to share that a little bit of history that we do have monies as well. We have the 1.3 million and we do plan on utilizing the 1.3 million into the savings account to pay off the city of Brownsville of the 1.1 million that we currently owe.

Thank you, Commissioner. So this any other comments or questions? This is a public hearing. If there's anyone here that to wish to address the Commission on this item, please step forward. May I move to close public hearing? Second. All right. We have a motion and a second to close. Any further discussion? If not, all those in favor, please say aye.

Aye. All those opposed, say nay.

Ayes have it. Motion carries. Second. We have a motion and a second to approve. Any further discussion? Not all those in favor, please say aye. Aye. All those opposed, say nay. Ayes have it. Motion carries.

Thank you. It carried 7-0. Now we'll come back to the public hearing item one for your consideration in regards to ordinance number 235-2026-014S. We'll turn it over to staff.

Thank you, uh, as mentioned, this is a special use permit request being done at a property at our downtown edge district, uh, located seven, eight, five, uh, two zero zip code twelve forty seven East Madison. Um, this property again is for a proposed event center. Front in East Madison street, it is indeed a corner lot on the, uh, northwest corner of East medicine and thirteen street. Uh, we did do our due diligence providing those public hearing notices to the adjacent property owners, letting them know of both the planning and zoning commission meetings and the city commission meeting today. We also put a physical sign at the property to let adjacent property owners know about this item. We sent out a total 21 mail outs to anyone that fell within that 200 buffer map. As per state law, zero letters were returned in opposition to this item. As we can see what surrounds in terms of zoning map or zoning districts is predominantly form form districts in our downtown downtown area, downtown edge, downtown core and downtown general is what surrounds this property. We also see on the northeast portion of the vicinity. A traditional neighborhood corridor and traditional neighborhood districts. This is an aerial map showing the property on that Northwest corner of East Madison street and East 13th street. It is a good mix of different uses, but it's predominantly commercial or office uses, but there are adjacent residential or single family residential immediately to the West of this lot. When we conducted our analysis as a planning department, we did find that this request was consistent with our current comprehensive plan. Our future line use map staff recommends approval of this request and also our planning and zoning commission has recommended approval subject to sound mitigation regulations as per our.

All right any questions or comments from the commission on this item?

This is a public hearing so if there's anyone here that wishes to address the commission on this item please step forward and say your name.

Please state your name.

My name is Diablo Velez. I don't live too far away from this development. And the concern I know is noise. Brownsville, for some reason, is very noisy, especially from cars and from the people that roll the windows down and make all of this noise. My other concern is this. I remember being in here and when they were talking in the issue of the new house and they asked the city manager, Mr. Allen, you commissioner, asked Mr. Allen, whether the city would want to be able to use the new house after being rehabilitated and the reason for that is because they use money from the historical conservation my question right here is whether this uh building this property use money because i see when they were development when they were working on it and my question is whether if they use money for the historical conservation to rehabilitate this house. And the property, I don't know whose property it belongs, and whether the city is going to be having anything to say about this property. And the other question is, if it is used from the historical conservation funds, How are they going to use this property if it's going to be for cultural reasons or is going to be just for this kind of new music, Mexican music? Corrales to models and all of these things. That's what my question is for you commissioners and for you mayor. It is going to be for culture events. or just for playing trash music. And it's going to be very loud. The other thing is parking, because as I see it, there is no parking at all in that area. Thank you very much.

Thank you. I'll defer to staff on the use.

It's just an event center. There's not much other information.

So this this item did go before the historical preservation commission details regarding the site plan. The operations were approved by them. They were issued a certificate of appropriateness is what we know in terms of what kind of events are going to be allowed here. We weren't given that detail. Uh, it is correct that, uh, parking requirements aren't enforced in the downtown area. Uh, we could get back to, uh, if that detail is something that you guys would want to hear. Uh, but to our knowledge, it is just a general events center. Not specific to any kind of event.

What's the approved occupancy for the.

For the site, we had the zoning review would not have that, uh, at this time in terms of occupancy, it would be more for our building division to. Answer, but Martin is here our assistant director.

Even commissioners, so, at the time of review, whenever they come to acquire their certificate of occupancy, they will be required to provide a site plan and the occupancy will be calculated based on on the space that is available for areas where people can potentially congregate. So, it will be calculated based on the, the, the areas where, again, people can meet. Um, and well, right now, we don't have that information, uh, until that, uh, site plan is completely approved through this process.

And in terms of the concerns about, um, the noise, I know there's some, there's a proposed restriction on or a limit on the decibels that's for interior.

Noise and next year, I would imagine it applies for both for both interior and next year. So, uh, for these types of venues, as we've done before, we do present this condition so that it will provide a level of protection to adjacent properties and it won't become a nuisance.

Is there anyone else that wishes to address the Commission on this item? Move to close.

Second. We have a motion and a second to close. Any further discussion? If not, all those in favor, please say aye. Aye. All those opposed, say nay. Ayes have it. Motion carries. Move to approve. Second. We have a motion and a second to approve. Any further discussion? If not, all those in favor, please say aye. Aye. All those opposed, say nay. Ayes have it. Motion carries.

And it carries 7 to 0. Now moving on to the public hearing number two. It is a public hearing and action on the first reading on ordinance number 235-2026-015 to rezone from the agricultural to the residential single family for an approximately 105.29 acres in a commercial corridor for an approximately 14.67 acres to allow a single family residential development and commercial development on a track containing 119.96 acres of land out of a 239.92 acre track. Out of track 40 at the Paredes partition track of the subdivision E and share 19 of the Espiritu Santo Grant, Cameron County, Texas, located at 1 West Paredes Line in Brownsville, Texas, 78566, as shown in Exhibit A in District 3. We'll turn it over to staff.

Thank you. My name is Carlos Guerra, City's Planning and Redevelopment Services Department. Good afternoon, Mr. Mayor and Commissioners. I've got a couple of rezoning cases for you today. This first one is located on Paredes Line Road. The current zoning is agriculture. The request is to rezone to residential single-family and commercial corridor. The proposed use is for a single-family residential development in the rear portion and then a commercial development for the Paredes Line portion. Again, the property is fronting Paredes Line Road. As required by state law, we posted a notice of public hearing detailing the meeting events. We also posted a physical sign on the property. As you can see, the property is vacant. We also sent out eight mail outs to property owners within a 200 foot radius and received zero opposition to the request. The area to the north is located just outside the city limits. The area to the west is also outside the city limits and the areas to the south and the east are zone agriculture. The property is undeveloped in all directions. And again, France, but it has line road, but it has line road is a primary or 2 arterial with 150 foot right away. The future land use plan designates this areas in the water management district land uses in this district are intended to be predominantly community facilities with a small portion of residential uses. Although this request is not consistent with the future land use plan, there has been previous residential developments to this scale have been approved in this area. And it's the department's opinion that this request further expands housing options across the city and provides neighborhood scale commercial use in this mostly undeveloped area. Staff is recommending approval of the rezoning request, and then we also presented this to the Planning and Zoning Commission this month, and they also recommended approval as well.

Any questions or comments from the commission?

All right. This is public hearing. If there's anyone here that wishes to address the commission on this item, please step forward.

Mayor, I move to close public hearing.

Second. All right. We have a motion and a second to close public hearing. Any further discussion? If not, all those in favor, please say aye. Aye. All those opposed, say nay.

Ayes have it. Motion carries.

Move to approve. We have a motion. Do we have a second to approve? Second. We have a motion and a second. Any further discussion? If not all of those in favor, please say aye. Aye. All those opposed say nay. Ayes have it. Motion carries.

And it passes seven to zero. Moving on to public hearing number three. Public hearing in action on the first reading on ordinance number 235-2026-016 to rezone from the residential single family R1 to the traditional neighborhood corridor to the traditional neighborhood corridor to allow a multifamily development for a two acre track of land more or less comprised of Track one being 0.37 acres of land and track two being 1.63 acres of land. Both tracks out of block four. El Jardin subdivision, share 27 of the Espiritu Santo Grant, Cameron County, Texas, located at 97 South Central Avenue, Brownsville, Texas, 78521, as shown in Exhibit A in District 1. Turn it over to staff.

Thank you. Yes, so this request is to rezone from a residential single family and traditional neighborhood corridor to traditional neighborhood corridor for the entire parcel. The request is for a multifamily development and this is facing South Central Avenue and Waco. As required by state law, we posted a notice of public hearing detailing the meeting events. We also posted a physical sign on the property. We sent out 24 mail outs to property owners in a 200 foot radius and received zero written opposition to the request. The subject property again is kind of the corner of Waco Road and South Central. Part of it faces South Central and the other portion faces Waco Road. The areas to the south and to the east are zoned traditional neighborhood corridor. The areas to the north and to the west are zoned residential single family. It's also worth noting that There is an R3 zoning across Waco Street, right there on the corner of Waco and South Central Avenue. Again, this request is for multifamily use. Waco Road is a local street. It's got a 50-foot right of way. Central Avenue is a collector road with an 80-foot right of way. If you look at the map, it's kind of difficult to see, but on the corner of Waco Road and South Central, there are apartment complexes in the area. Facing Central Avenue, there's more apartment complexes, there's some small office uses, also a towing service. So it's kind of a mix between multifamily and commercial uses in that area. The city's future land use plan shows the property is in the Transition East District. Now this district is meant to support residential uses, but at an average density of two dwelling units per acre. So although this is not consistent with the future land use map, this is consistent with the mix of multifamily uses in the area. And it also continues that traditional neighborhood corridor trend to that area from the south. Also, the future development of additional residential units to this area brings more housing choices, brings a mix of housing needs to the city, which is the reason why staff supports the request to rezone from residential single family to end traditional neighborhood corridor to traditional neighborhood corridor. We also presented this to the Planning and Zoning Commission, and they recommended approval as well.

So if they do multifamily like apartments, about how many apartments do you think they can fit in?

The gentleman, as I've been speaking with him, the developer, his plan is to separate that into four lots. And within the TNC, he'd be allowed to put two duplexes on each lot. That's his plan. He is a local small scale developer, so he plans to do it in phases. At full build out, you know, ultimately it would be 4 lots times 2 duplexes. So we're looking at about 16 units on the entire property, you know, in the course of phases, the property or the portion that's facing South central will be the 1st phase. It's going to start with the duplex there and then build onto another duplex and then so on.

So, well, the egress though, for all of it. Can there be egress for all of it out to central or do they have to go through Waco?

So.

We haven't seen any site plan yet.

However. Based on what he's told me is that he plans to have it off Waco road for the lots facing Waco road for 3 lots on Waco road and then 1 lot on facing South central. But of course it's subject to site plan review and the building permitting procedures.

So once they draw that out, will you take into consideration traffic count? And then like, because Waco's near, didn't we just approve a duplex, whatever, to the right of the red L? Sorry, left. Didn't we just recently approve like a duplex? Yes, on Waco Road. That's right. Yes, a couple months ago. So yeah, so I'm just concerned because I live near there. That road is really narrow. And so we're adding more density with the egress out to Waco. But I'm sure you'll consider that when the time comes.

Yes, absolutely. And then, of course, when the property isn't subdivided. So when he does subdivide the property, we'll look at the front edges and ensure that it's compliant with street regulations and make sure that that's accurate.

Great.

Carlos, we recently entertained another property down the road, did we not? Yes, sir, correct. So, I'm looking at the zoning map and it just. It's a lot of colors correct? This is this is essentially like spots zoning. So, I guess my question is, at what point as a city do we start evaluating.

You know, getting away from those spots zoning and in in this situation, we didn't. Consider this spot zoning, because, like I mentioned before, it kind of continues that traditional neighborhood corridor trend that you see to the south and to the east. then the multi-family use you know you also have that to the north to answer your question the city's comprehensive plan you know we'll be kicking off here in a few months we just put the rfq out to search for consultants last week and so part of that is analyzing current land uses and making sure that they're consistent with their land use designations and a big component of the comprehensive plan will be the future land use map which you know will take into consideration existing land uses And future land uses, um, and ensure that the zoning districts are compliant with those land uses.

Right?

So we hope to address spot zoning, uh, through that and kind of prevent these kinds of, uh, kind of piecemeal rezonings. If you will, like, we're seeing, uh, these few past few months in common recently.

Right? Yes, sir. Thank you.

All right any questions or comments. This is a public hearing, so if there's anyone here that wishes to address the commission on this matter, please step forward. Move to close 2nd, right? We have a motion to 2nd, to close public hearing any further discussion. If not all those in favor, please say, aye aye. All those supposed to say, nay, I just have a motion carries.

Oh, I want to take a motion move to approve.

2nd, we have a motion in a 2nd to approve any further discussion. Not all those in favor please say aye aye aye. All those supposed to say nay. I just have a motion carries.

Thank you. We will jump to public hearing number five, public hearing in action on the first reading on ordinance number 2026-1813. I'm amending the chapter 54, the health and sanitation article six in the smoking in public places to modify the regulations related to smoking in public places to include e-cigarettes and other electronic nicotine delivery system devices such as vapes in the regulations related to smoking in outside patios. We'll turn it over to staff.

Good evening mayor and city commissioners before you, you have an amendment to chapter 54 prohibition of smoking in public places. And with this amendment, we wanted to achieve 3 objectives. 1 was prohibit vaping in public places. Currently, our ordinance was not clear as to whether or not it included electronic cigarettes and vaping devices. The 2nd objective was. since we've had these type of businesses apply for certificate of occupancies, allow cigar bars or lounges to operate within reasonable regulations. And then also allow smoking in outside areas of certain businesses, which our current ordinance does allow, but it wasn't clear enough. And so all while maintaining a comprehensive smoking ban. And so we have all the different cities in Texas that are considered to have a comprehensive smoking ban via ordinance. Substantive changes that we have made to the ordinance includes adding definitions for air barrier, which is the closest thing that I can think of is when you go to Sam's or Costco and you have the forced air hitting you as you go in the entrance. It's essentially an air curtain that prevents articulates from coming into the facility, right, or the non-smoking area. Air purification system, we all know what those are. A lot of modern HVAC systems have those in their homes. Definitions for cigar bar or cigar lounges. And essentially they have, the definition has certain requirements. One, they have to receive a health permit from the director of public health. Is restricted to individuals 21 years of age and above. located in a standalone building or operates a separate air ventilation system that prevents the migration of smoke into any other occupiable spaces of the same building, does not have a permit or license to sell alcoholic beverages, but may serve food and non-alcoholic beverages for consumption, and keeps all doors and windows closed at all times except as reasonably necessary for the entering and exiting of the establishment. We added a definition for electronic cigarettes or e-cigarette. And also have added a definition for hookah lounge because I believe we have 1 establishment that has applied for a CEO. Um, within the city, and this restrictions would be the same except instead of just, um. Obviously cigars bar hookah would be a different type of, um. instrument to smoke tobacco that is flavored and cooled through some kind of water pipe. We added the definition for separate air ventilation system so that we have a clear separation of the area where the smoking would occur versus a non-smoking area. And then for the smoking definition, we added electronic cigarettes and e-cigarette, which has been defined as well. So, substantive changes to the ordinance in outdoor areas. We included bars and private clubs. that would have outdoor smoking areas. And we added that are not designated for smoking by the owner, operator, manager, or other person who controls the establishment pursuant to 54-177F, which is the next substantive change. Cigar bars, cigar lounges, and hookah lounges provided. So this is where smoking would not be regulated. However, Excuse me shall only apply to an establishment that is otherwise lawfully in operation under this article. The city's code of ordinances, including the and the fire code. And then outdoor seating at restaurants, bars and private clubs is needed as a smoking area by the owner. Operator manager or other person who controls the establishment described in this article. Provided that smoking shall not be permitted within 20 feet of entrances. operable windows or ventilation systems of the enclosed area, and an air barrier or an air purification system is utilized to prevent the drift or penetration of tobacco smoke from a smoking area to a non-smoking area. A new section 54-187 was added to require the health department to permit the cigar bars or cigar lounges or hookah lounges. It's a simple process. We don't want to make it tedious. they would have to first obtain the permit from the director. And administratively, we would work out with the planning and redevelopment department to ensure that that occurs prior to the CO being issued. They would have to qualify to maintain the health permit by submitting to an initial and annual environmental health inspection. So this will be an annual thing. And simply just to verify that there's adequate ventilation and air filtration and sanitary conditions of the facility. Again, it would be an annual permit and an inspection fee would be included. The cost of that would be entered into the next update for the master fee schedule. And then because the definition of cigar bars and hookah lounges does include that there was no alcohol. We have added that the To receive the health permit, it is strictly for the facility would be strictly prohibited from selling retailing or wholesaling, alcoholic beverages for on premise or off premise consumption. Many cities, and this is this again, this is a draft, so this can change, but many cities do that do allow cigar bars or lounges. Do allow their patrons to bring their own beverages. So kind of like. And so we added here subject to chapter twenty two, which is the city's own ordinance. Patrons may bring in their own alcoholic beverages onto the premise for personal on premise consumption subject to the age restrictions. Of course. And, um, the establishment may charge a hospitality fee or on court fee. How the health department would verify that there are in compliance, they would use the state database to cross check with to ensure that no alcohol cells are being done as well as to determine whether they have a, um. An approved Texas controller, um, cells.

Permit for, um, tobacco cells.

They will also have the ability to audit their point of sales transactions to ensure that there's no alcohol being sold at the premises. And any violations of the ordinance as far as the cigar bar lounge or hookah lounge could result in immediate closure of the establishment by the director. Of course, municipal fines, 12 month ban on reapplying for the health permit at that particular facility. And they would also have the ability to appeal to the board of adjustment, the revocation of that, uh, health permit as well. So, the substantive changes are before you and again, it was to accomplish the 3 objectives that the city attorney's office was asked to look into.

Any questions or concerns I have a couple of questions. Um, why is the cigar bar? I mean. I don't visit them often, but the ones I've ever been to, I've seen liquor sales. Why is it so no liquor, no liquor, no liquor on this?

So there's different ways of regulating the cigar bars or essentially you would have a percentage of sales, right? So if you allow alcohol being sold, essentially it's a bar, right? And so we're trying to prevent Bars, if you will, from being a facility where you could smoke in. So, that is the reason why we've added the prohibition on on being able to sell alcohol. Right? In other cities where they allow cigar bars or hookah lounges, they allow the individuals to bring in their own liquor, right? So those are like your cigar clubs. They'll sell those cigars and the accessories, you know, cutters and all that, but they won't sell the alcohol. They might provide beverages so that you can make your own mixed drinks. But in those instances, that's the main reason is so that you don't have what would be typically called a bar.

I think we should take a look at, I see on the list here, the comprehensive smoking bans in Texas. McAllen, to give you an example, or Austin, they're on here. Two cities of which I agree with Commissioner Cardenas, there are cigar bars and they do sell alcohol. I don't know how they're still part of the comprehensive smoke ban and how they regulate their regular bars from not becoming smoking areas, right? So that they can continue following the smoking ban in Texas. But they do have their ability to sell alcohol.

Right. So how McAllen does it, McAllen, which The health department had concerns with doing it how the McAllen did it, but there could be ways that we can verify. But how McAllen does it is they have a percentage of cells. So they allow up to be a cigar bar or lounge. You have to have 40% of gross receipts be tobacco. And so the percentage, the remaining percentage can be alcohol. And that's how they were able to differentiate between cigar bars and actual bars.

I would think just by looking at this, I was thinking that same thing because, you know, most cigar lounges, I frequent them. And they all have humidors because they do sell. That's some of their primary products. Revenue is the sell of whether you decide to sit there and enjoy your cigar or just go and purchase it right now in Brownsville. I mean, there's only like the liquor stores. There's maybe two. two or three that I know of that have an actual humidor inside it. But definitely something to consider. I think that, you know, restricting people from being able to sell alcohol there and just having a corking or uncorking fee actually becomes trickier because I know a lot of this BYOB establishments that they're not supposed to, but they'll sell you alcohol anyway, illegally.

So doctor, absolutely honorable mayor commissioners. Good evening. When we looked at the ordinance, um, we recalled if you Recall the previous version of this ordinance about 10 years ago. The language in it had a percentage, bar sales at a certain percentage. And in hindsight, that ordinance at the time put a lot of pressure really on the government body to prove whether it was us or to prove this sales at any one time. And at the end, it made the ability to enforce the ordinance unsubstandard. It was very difficult to enforce it. When talking about the, the bars. Versus the smoking, I think as a, as an ordinance. The driver here was that we want the ability to have cigar bars. and hookah bars and look at what are going to be the air quality standards. To the conversation of the alcohol, we were focused more on the air quality, but if that is something in this ordinance that we need to look as a mixed use, then we certainly can explore that percentage. But where we need to be able to look is how do you then enforce that aspect of it, which has been historically problematic even in those cities. So it was important for me to come up here today and just share with yourselves that when you start putting a percentage to an ordinance, it changes that dynamic of trying to enforce it. Not that there's a right or a wrong way. That's not the intent of us coming up here today. It's just with your support, how do we then turn and take this to the next steps?

Yeah, I I'd like to chime in on that. I believe that, uh, what Dr Rodriguez says is correct. The difference between a bar and a cigar bar will be. The amount of money they have to put into the air system. It's. It's substantial, correct? So not everybody's going to do it just so somebody can smoke inside their business. I think that once we limit that, they can sell liquor in a cigar bar. I don't think they'll make it. Um. That's my point of view, but I, I've been to a few, like, I was saying, I don't. So often, but I've never seen 1 personally. That doesn't sell. Commission, can I?

Yes, sir. So you hit it right on the money. Uh, someone who wants to establish a cigar bar has a really high bar on the air handling and the equipment that goes in. And that's 1 of the reasons that we sort of change the language because we don't want to be in the business of denying. We want to be in the business of compliance. and and the big picture is absolutely if you want to be able to have one of those bars uh cigar bars or hookah bars you actually could and should and i don't know if there could be a stage process where that's stage one and then it gets an approval from us and then it would go back whether through through here or through a separate not that we want to prohibit the selling of alcohol But to your point, how do we bridge whether someone's primarily an alcohol establishment versus a cigar or hookah establishment? And I think that is the real question for us to navigate as a body.

Thank you.

Are the other cities, do they also typically have the annual renewal of the permits? Yes. Is that common practice?

That is. But if it is the desire of the city commission, we could incorporate, um. An amendment to the ordinance to where we follow. McCallum's example of the alcohol. Allowed cells with a hybrid of having the health department reviews that we keep in the health department provisions in there, right? As far as, like, air quality and whatnot. Putting removing the, the, um. their prohibition on self-alcohol and having a percentage, right? So McAllen, again, uses 40% as their threshold. We could utilize that. Some cities have higher thresholds where it's 60% cigar sales, 40% alcohol sales. But we can use McAllen's model with regards to the percentage. so that we can ensure that we don't have everyday bars that end up saying, hey, we also sell cigars because we have a box here and we can have smoking inside the bar. So that's what we're trying to prevent. So we would want a percentage and we can look at the point of sales.

I think the point of sales is going to be out of hand. I've never seen anybody get a ticket for smoking and a patio. The chief is here. I don't know if it's happened the last 13 years or 14 that the ordinance has been around. So I don't think you should go that way. If you try to limit it with gross sales, you're not going to do it. It's not going to happen. It's going to look great on paper, but it's not going to happen. So I think the way you limit it is with the air quality. Those machines are not cheap. If you have people smoking there, you're going to lose crowd anyhow. So if it's a cigar bar, people go because you can smoke there. If it's not a cigar bar, we shouldn't be allowed to smoke, right?

I would, first of all, thank you for bringing this, right? I know that I've been one of the drivers of thinking that Brownsville's growing and we need upscale experiences such as this. But, doctor, you are 100% correct. We need to regulate it because the last thing I want is to approve an ordinance. Like you said, where anyone can grab a, a little humidor box. Say, they're selling cigars and then it's just smoking everywhere in Brownsville again. And we are not going to actively participate in the comprehensive smoking ban in Texas. I think that's a beautiful thing of just bars in general now. Back in the day, you used to go home smelling like cigarettes for days. And now you can go and enjoy yourself and that's not that's not the case on top of all the health issues that come with it. I would be okay tabling this for you guys to do a little bit more research, but but I would be in favor of and hopefully the commission would too. Not only is the ventilation expensive, but if you really want to put a cigar lounge. I think they should put a human or room that's very expensive too. If you're going to sell cigars, you're not going to buy a little $200, $300 box. You're going to have to put a cigar room that has a certain level of humidity, that has a lot of inventory. that's very costly. So that shows that you are really selling tobacco. Like it's, it's not, not necessarily on the point of sale system. I think that's harder, but knowing, but knowing that if you invest in a humidor and you invest in the, in, in, in a humidor room, right. And, and a ventilation system, I believe the intent is to have a cigar lounge. And if it, and if it, And to me, to the point of commissioner, you do have to sell alcohol if you plan to make the. The money to to upkeep such an expensive, uh, uh, uh. Establishment upfront and so I, I would, I know it's a public hearing and we're going to hear from people if they're here, but. but I would not be opposed to tabling it to get a little bit more research on it and see what other cities, maybe not necessarily just McAllen, but I do know that there's other cities on this list of Texas that have some cigar lounges. And I'm sure that there's other ways that they can measure that is not on a point of sale system that's hard to track. Because the last thing we want to do is give you more work and you become now the smoking police

right uh where that's very difficult to do okay honorable mayor commissioners thank you yeah that's good feedback um also with regards to outdoor sitting um any concerns there with regards to 20 feet from entrances no Okay, now this is a public hearing. I don't know if you want to just table it and hold the public hearing to the next meeting. Well.

I mean, it doesn't make sense to vote on it and then we can bring back the changes at the 2nd reading. We won't have any consent. We can just go through it.

Yeah, we, it sounds very clear. I get what you're saying with the allowing the alcohol. Um, and then tying it in with the human door and the ventilation system, and then that makes sense. Um. So, if if you desire, you can table it, otherwise we can bring it forward. Uh, for the 2nd reading with the requested changes, the motion would be to, uh, approve as amended. And then if it still needs work, we can table it the 2nd.

All right, this is the public hearing if there's anyone here that wishes to address the commission on this item, please support. Go to close 2nd, a motion and a 2nd to close public hearing any further discussion. If not all those in favor, please say, aye. All those opposed say, nay.

I just have a motion carries so will the motion then.

To approve and to allow alcohol cells. Um, and to. classify the cigar lounge and bars and hookah lounges by having the appropriate ventilation system and the humidor room.

That would be the motion right now. Right. But what if there's more research that you do for the next time? Can we just approve as is and then amend for the second?

Right. What we'll do is if you approve it as amended, we will circulate it around for comment. That will be directed towards our office. Not, you know, chain walking quorum. Um, and then we can incorporate any, uh, any questions or concerns at the next reading. So, then I move to approve as amended with everything you said. Okay. 2nd, all right, we have a motion in the 2nd, any further discussion.

If not all those in favor, please say, aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye aye

The next item is public hearing number six is the public hearing and action on the following proposed charter amendments for the special election to be held on November 3rd, 2026. Items failed to the four is listed in front of you, A through C, A, amending charter article five, the administrative provisions to modify Section 4, the qualifications, B, is amending Charter Article 5, the administrative provisions, Section 3, vacancies. And C, I'm amending the Charter Article 5, the administrative provisions, Section 3, for the vacancies as well. We'll turn it over to staff.

Hello mayor and city commission again on July 7th. The city commission voted individually on the proposed charter amendment propositions that the city's charter review committee had discussed researched and brought forth. Today is the 1st reading of the and public hearing order in the election with the. Uh, charter amendment wording, there were 3 propositions that were recommended by the charter review committee that. Uh, had a motion, but it's said to have died or fell to the floor for lack of a 2nd. And, um, there were, there was a request to bring those items forward at the following meeting to have further discussion. And, um, in addition to that further discussion. There was also a request to modify the language and so with regards to, um. Qualifications the highlighted part was added. So, and should not be 1 of the qualifications from last time should not be personally delinquent in the payment of any taxes or other liability due to the city. Or be disqualified by reason of any provision of any other section of this charter. And then the added part is an individual should not be deemed personally delinquent for purposes of this section if the individual cures such delinquency within 30 days after receiving written notice from the City of Brownsville of delinquency. Provided, however, that if the individual is a candidate for elective office, the cure period shall expire no later than the last day on which a candidate must file for that office. And the reason why we added that is because if you're a candidate And as we're looking at your application for a place on the ballot, we want to be able to tell you within the timeframe required, which is five days, tell you you are disqualified for X, Y, and Z. Give you an opportunity to cure it, but We want to make sure that that cure period expires at the last day that you can file, because we don't want a situation where we have a candidate on the ballot that ends up not being eligible to run for office. And then if that individual wins and they haven't cured the delinquency, we then have someone that is not eligible to sit for commission or be sworn in. And we'd end up having a vacancy, having to appoint, and then holding a special election.

So that was the added provision for that one.

The other two propositions dealt with automatic triggers and discretionary triggers for forfeiting office. And the request was to bring those forward again, but with some clarity. So mandatory grounds. The residency requirements for election, the highlighted part was added. As you may recall, last time that we had presented this, we talked about the residency requirement. There's still an intent that state law says that if you intend to return to your district, that still qualifies for residency. Um, and so what we added was, as that term is defining the Texans elections code to make it very clear. That we are following the state's definition for residency. With regards to attending 3 consecutive regular commission meetings without being excused by the commission, we added, which shall not be unreasonably withheld. We don't want a political situation where you have 1 commissioner that is being, um. I guess, you know, picked on for whatever reason, and they do not want to excuse their business trip or whatever reason that they had to miss that particular meeting. And finally, with violating prohibited personal financial interest, we wanted to clarify that it's the financial interest that's found in the charter that is one of the very first, if I can get to it, 1 of the very, very 1st requirements, it says. The mayor commissioners, another office and employee shall not hold any other public office of a monument and should not be interested in the profits. Or a monument of any contracts, job, work or service for the city. Are interested in the cell to the city of any supplies, equipment, material or articles purchase. And so we wanted to clarify that is the conflict of interest that we were referring to. Within the mandatory grounds. So these were brought back off the floor for the city's rule or Robert rules of order emotions not needed to reconsider these. These are considered like their new motions. So. At this time, we can have any answer any questions have any discussion. And if you all want to continue with this, you also. And open the public hearing and then consider these.

Questions or comments from the question. All right. This is a public hearing.

If there's anyone here that wishes to address the commission on this item, please support.

I'll move to close the public hearing.

Second. All right. We have a motion and a second to close public hearing. Any further discussion? If not, all those in favor, please say aye. Aye. All those opposed say nay. Ayes have it. Motion carries.

I'll move to approve. Do we have to do them individually or can we do A, B, and C?

You could do them as a group or individually.

Move to approve all three A, B, and C.

Second, we have a motion in the 2nd, any further discussion.

I have a quick question. Sure. I'm just curious for council. Um, I had posed the question last meeting about. What happens next after taking no action and your response was that it was not able to come back, but. You're saying about the request, I'm just curious for future. How, how does that work?

Right?

So.

What I meant by that particular comment, or in answer to your response, that it wouldn't come back, what I meant by that was staff was not intending to bring it back. But under the city's rules or procedure, which were found in Chapter 2 of the Code of Ordinances, it does say that if a motion is voted down, the individuals that were affirmative in the no, the denial, those individuals can bring back an item for reconsideration. It doesn't address what happens if an item dies or falls to the floor for lack of a second, but the Robert Rules of Order, which we also adopt when our rules are silent, the Robert Rules of Order indicate that when a motion dies or falls to the floor because there wasn't a second, it can be brought back up. If an individual, the governing body desires to have it brought up at the next or future. Uh, city meeting and so under our rules, we adopt. Are under our rules is not just 1 individual has to be 2 individuals. And so we had 2 individuals that asked for this item to be brought back up. But in answer to your question, I meant staff wasn't planning to bring it back.

Right? Thank you. Any further discussion? Oh, yeah, I have 1 more question on the absences. How do you consider an absence? They come in a minute late. Is that considered. Here is it if they, if it's zoomed in. I think we have to just clear this up before it gets there.

Well, I think I think with absences with the for example, Texas open meetings act. Um, it's clear that, um. based on how the procedure is done for holding a meeting, an individual can be remote. And individual, the statute says that an individual can vote as well, so long as they're audible and their cameras are turned on. So in that instance, if you are remote and we have a quorum here, right, with the chair being part of that quorum at the site of the meeting, then the individual that would be remote would be participating valid legally held meeting, that individual would be counted present. Now, if someone's running late, it's silent on that, but we would use the everyday, I guess, common sense with regards to individuals that come late. Usually we add it to the minutes that an individual was appearing, you know, it's 7 o'clock and Commissioner so-and-so is here now. We could add provisions as far as, you know, um, 15 minutes late or something, but I think with a meeting started right at 5 and most individuals having jobs, I think it's difficult to say you have to be here right at 5. I think I think and I'm not sure commissioner.

I think what commissioner is saying is once you put this stuff in the charter. Let's say that, um. Whatever circumstance might be, um, I'm remote. I'm going to use myself as an example, right? I'm remote. I'm, I'm on, I'm on the, I'm on the call.

The meeting last 3 and a half out 4 hours.

Was my camera on all 3 and a half 4 hours. Was my camera off for certain things and just on for votes. Um, is that an absence what percentage of the meeting. If I show up an hour late, if I leave an hour, an hour early. Like, what what constitutes? I think I think that's all he's asking. Like, that's exactly what I'm asking. It's in the charter. Then it's like you said, it's common sense, but common sense to to yeah.

Common sense to who? Because if I get on and I say, and I vote on 1 thing, am I present or am I absent? That's the question that I think you have to be able to answer. And I would want it, if you're going to put it in the charter, I want it in the charter just so everybody understands what the rules are.

Can that be defined like present for the majority of the meeting? How would you define majority of the meeting?

I mean, if you're present at a meeting, you're there. I think the intent is if you basically vacate your seat for three meetings in a row, you don't show up. And there's no call, there's no response.

And that constitutes an excuse. When it comes to state statutes, you look at legislative intent. When you think of the legislative intent for this particular provision, The charter review committee brought up an instance where, in particular. Seeing commissioner, like, purposely did not come to many meetings in a role. Um, and they brought that up and that's 1 of the reasons why they like the provisions for F and. Uh, of the mandatory grounds, but what we could do is, um. Normally, when there is a provision in the charter that is up to interpretation is the city attorney's office. And then, of course, the policy of the city commission that then dictates the meeting of that. We could rely on that, or we could rely, we could add in, um. Maybe a clause that says attendance at a meeting is attendance at a meeting. I think that's fair and I think there should be a process for how we excuse.

I think that should be very clear as well.

So, we have actually some really good language in the boards and commissions that talks about, um, um, automatic excuses for, for, for meetings. Um, we could rather than have, uh, D, we could, which has, you know, being excused, we could incorporate that. Um. those provisions that have the automatic excuses for business, family, sick, et cetera. And then, of course, it has further language that allows the individual to request from the governing body or the board in that instance to consider an additional that might not have been an automatic excuse. We can add to that that attendance at the meeting is attendance at the meeting.

And I think who obviously who controls, I mean, I think it's the city secretary or whoever is the point that, you know, I don't want someone to reach out to different people like they, we can reach out to. Right. But I think there should be 1 point of contact for that. Right.

I mean, they, they, they would be, um, it would be the city secretary that would receive the notice, but, um.

we could incorporate that language from the boards and commissions policy because i think it's very clear sorry right there it just says uh reconstructive commission means without being excused by the commission so does the commission excuse the

Yeah, so the charter criteria, right? So the charter review committee, what they were explained, um, was that. Again, a lot of this language is from Laredo, so they were explained about the policy and how Laredo the procedures that Laredo uses. Not that we want to be Laredo, but, um. We could adapt this language, right? But what they liked was. that the governing body would police themselves, essentially. So if I had a particular, let's say I'm Commissioner Trevino, whatever, and I have an absence, they would put that on the agenda to have the body approve it. And that is something that the, anybody at the following meeting, But that is something that the charter review committee really liked. Because it's transparent at least, like, everybody in the public gets to see that process. I personally think it's additional actions that you have to take. We already have long agendas. Um, if you want to amend this particular try to review provision. We could include the actual language we have from the ordinance from the boards and commissions.

When we discussed it at the charter review committee, it was really just to eliminate the politics out of it, because if it becomes like, clickish. Then we didn't want it was just, we didn't really read much into other than if you're absent, you didn't show up. You could do it virtually. Last time I was only here for a very small fraction of the meeting. I think that would still count given circumstances and you can just incorporate it. Like, like, we have the beginning, right? You know, the roll call. Um, you could have a vote. Yes, we're going to, um, commissioner is not here. We're going to excuse the absence. It's, it's, um, transparent, but it was not. It's also not to be like, when there's when there's clicks and then there's. Insufficient of 1 person, then you're like, oh, well, that person's like, uh, now been missing 3 times.

There was really, yeah, I think that that's my, that's my thing. I don't want it to be political in the future and that's why I think it should be on the charter. What is what is an absence. I mean, hey, if you're here for one vote, that's considered you're here. And that's considered you're here. That way we don't. Because I think if you start doing the absences, if you're on the right side of a 4-3, you'll be fine. Even if you don't show up six times or four. Four, right? Because six is automatic. Unless that's. it's like three months of not being here i agree with you egregious no and i think nobody's done that i don't think anybody here has actually been absent two in a row to tell you the truth i i don't recall and and i also think that it's not about this commission is my understanding what i had this conversation with the mayor about it's he it's about the future and we don't want what happened in the past which there was a commissioner i believe who was out here for what four months in a row or seven And I get that part of it. But then it should be simple. If you're here for a minute of the meeting, you're present. And that's simple is that. And that way we don't excuse them. We don't. They're online. They're on there. Whatever. I mean, they're here and they're online for a minute. They're here. And that way it just takes away the politics part. I think what's trying to happen right now is if you don't want to be here, let's not wait till the end of a term to get rid of. I think that's the idea correct or that was our intention.

And so, but, um. Don't you think we should we should maybe even just do it kind of as part of the. The agenda, like, uh, you take roll count and if someone's missing, um. You give them an opportunity to well, we know so and so is out on a trip. They might log in later or something, you know, but yeah, I guess if they call, they, they call and they let, you know, they're late.

That's fine. But I also know that sometimes emergencies happen and like we'll said. People get out of work at 5, so it's kind of hard to be here on time and and I don't expect everybody to be calling in every day to say, hey, I'm 7 minutes late. Right? Um, so I think if you're here, you're here. If you're not, you're not. It's I think that's the idea of the. I mean, you were on the charter review. I, I didn't, I don't know.

Okay. But then, so, for example, if it was someone who.

Like, how do you get an excuse? Is that the question?

Yeah, like, at what point should you try to get an excuse? Because you've already had 2 consecutive absences.

Well, because I believe there was a, there was at 1 point there was when it was called, there was a. A board member who missed because of work. How can you prove it's not true? So, when do you say it is accepted or isn't accepted?

I really think the intent is if someone doesn't show up and doesn't call, just vacates and doesn't, no response and just is out. And I think that's, we have a mechanism to get someone that wants to serve, right?

And I think that's. It's only fair to the constituents who voted for that person to represent. Yeah.

Okay. So if they're here, they're here. If they're not, they're not. And if there's intent, intent of I was absent because I had a doctor's excuse. Right. They don't have to bring in the doctors because that's my question. Are we going to be like a high school? I don't think so. It's just, hey, they communicated. They weren't going to be right. I think that's fair. I hope you got some of it. Well, because it was a lot. We have it recorded.

Perfect. All right. Any further discussion?

All those in favor, please say aye.

Aye. All those opposed say nay. Ayes have it. Motion carries.

The next public hearing item for consideration is item number seven. It's a public hearing in action on the first reading on ordinance number 2026-1812 ordering and calling a charter election on the proposed amendments during the election on November 3rd, 2026 on the following amendments. A is amending the charter article five, the administrative provision section 13 compensation. B I'm amending the charter article five, the administrative provisions to add 21 B office of the city secretary C I'm amending the charter article five administrative provisions to add 21 C office of the, of the city auditor D I'm amending a charter article five, the administrative provisions section 28, a audit and oversight committee. E is, is amending charter article five, the administrative provisions, section 28, a audit and oversight committee, general cleanup. F is amending the charter article 5, the administrative provisions to add sections 35, the municipal campaign finance. G is amending the charter article 5, the administrative provisions to add section 35, code of ethics, the ethics advisory commission. H, which is amending the charter article 7, the general provisions to add section 3A, The initiative petition procedures for citizens. I am amending the Charter Article 7, the general provisions to add Section 3B, which is the referendum, adding the referendum procedures for citizens. J is amending the Charter Article 5, the administrative provisions to add Sections 22B, the merit hiring. And K is amending the Charter Article 1 through 7, except Article 6. which is the utilities board to revise or eliminate the provisions that have been superseded by state law and to update or eliminate the archaic language. Turn it over to staff.

Good evening, Mayor and city commissioners. Again, thank you, Myra. Um, with regards to this item, since you have, um, approved items from the prior. Uh, agenda item, we, the motion we would ask is if you're going to approve it, you would approve it as amended. So we can include those items. Um, but at the July 7th meeting, we went through, um, these items. Propositions that the try to review committee have proposed. And these are the items that you had voted to approve to be before the voters at the November 3rd election. I could go through the whole presentation again, or answer any questions. Or address any concerns you might have about the.

Propositions I do know we had at least 1 commissioner who voted no on a. So, can we make a motion with. B to K, 1st, and then figure out a yes, you could do that. Does anybody have anything else on B through K public hearing? Okay, we'll do that. Sure.

Before we open it up, I did have a request if we could just reiterate 1 of the questions that I got asked was, why is there so many. Proposed amendments. And a lot of this is cleaning up language, like we said, and modernizing the charter. Can you speak a little more too?

Yeah. So when the charter review committee met, they were charged with looking at a few things from the resolution that city commission had approved. The reason why, and as the charter review committee had, um, analyzed and thought through and discussed, um. These potential changes that they thought were necessary. They came up with these, uh, these. Proposed amendments, if you will, to the charter review. State law, however, requires that we have one subject per proposition. You can't have compounded propositions on the ballot. For state law, it would invalidate that particular election. And so that doesn't mean that you have to have various propositions for an amendment. A good example is Chapter 28. fast forward real quick just to show as an example obviously office of the city secretary that's one subject so you can have how the person is appointed how they uh what their duties are and how they are terminated or replaced if that comes up now with looking at for example with looking at what the Audit and oversight committee wanted to do they wanted to, um, have commission a point the city auditor. As well as, um. Expand the membership from 5 to 7. And then do general clean up and so when you look at that. Having the city commission a point, the auditor becomes its own proposition. Right just like the city secretary, you can have it where it's created. I was appointed how how the individuals appointed. How they're removed and what provisions. Like, what their duties are as well as who they can appoint. That would be 1 subject is creating the office as a city auditor. So that would be 1 proposition. But then the proposition to increase the membership, that would be its own proposition as well, because it's its own category, its own subject. It is the Audit and Oversight Committee. And when this was adopted, this was adopted as back, I think, what, 2023? No, 2021, I believe. Yeah, or further out. So, in 2021, it was 1 proposition, because it was 1 subject, which was creating the office of audit oversight committee. Now, because we have the changes that we want. Another proposition would be. Having going 5 to 7, and then because we are also changing. Provisions of creating the city of auditor. We also have to do the general cleanup because this particular. Provision as far as auto and oversight, it had language in there. That would contradict with the language. That we are proposing for adopting the office of the city auditor. And so that's the reason why you have all these propositions, because as you get towards 1 subject. Requirement, you have to look at the language to see what would be. Truly 1 subject and move forward through that. And so, unfortunately, there's, I think, you know. The number of propositions that we have, but luckily with, like, the initiative or referendum, it's 1 subject, it's considered 1 subject. So we'd only have to have 1 proposition. We don't have to have 1 proposition per paragraph of that particular. Right.

Thank you, Councillor. I think just being aware of these discrepancies and issues, and it would be irresponsible of us for not to address them. And I just want to clarify, because what we're doing is we're not approving things. We're putting them on the ballot for the people, for the voters to be able to dictate how their local government runs, right? So it's because we have to individually put them. That's why we have the amount that we have.

Right, and these again, as the part of part of what the charter review committee was appointed to do this time around was to look at the charter and determine what. What more can we add to it? Or what does it need to change? And so 1 of the things they did look at was the National League of cities model charter. And from that, they. We're able to just recommend that we include merit hiring, have an initiative, a referendum. Um, creating the office of the city secretary, because those are those are. Best practice for city charters. Throughout the country, and so that is the reason why you have these many propositions.

Thank you for don't do my question.

Any questions or comments from the commission?

All right. This is the public hearing. If there's anyone here that wishes to address the commission on this item, please step forward.

May I move to close public hearing? Second.

We have a motion and second to close public hearing. Any further discussion?

If not, all those in favor, please say aye. Aye. All those opposed say nay. Ayes have a motion carried. I believe you wanted to take...

Yes, so I have a... I'd like to make a motion to approve B through K. Second.

We have a motion and a second. Any further discussion? Not all those in favor, please say aye. Aye.

All those opposed, say nay. I just have a motion carried.

Passes seven to zero.

Can we also have a separate motion to include six A, B, and C? Is that what I'm sorry? Which one? For public hearing six, A through C. Move to include six, A, B, and C. All right.

We have a motion. Do we have a second? Second. We have a motion and a second. Any further discussion? If not, all those in favor, please say aye. Aye. All those opposed say nay. Ayes have it. Motion carries.

Carry seven to zero.

Now consideration for public hearing seven, A.

I mean, I think this item really puts, it makes it very difficult for the commission to bring this up because I can see the appearance that we're trying to give ourselves raises. I do want to reiterate that this came through the charter review committee that was based on data, based on best practices. And I do believe it's a good thing that the city commission receives pay. This is a hard job. I believe at least as mayor, it's a full time job and if you don't pay this position, I really it restricts the amount of people that can actually do this and do do it. Right? I think the same goes for the city commission. I think we're a very big city now with a lot of needs and a lot of needs from our consistent constituents. So, I think in the long run. I think it's a really good thing that these positions be paid appropriately so that it does open the door for a majority of our community to be able to do this. But with that said, I am all for approving this subject after the re-election for it to go into effect so it doesn't appear that we're Potentially benefiting ourselves. So, for me, if, you know, if I do run for reelection, it would be going to effect. After my, my 2nd term as mayor, so I think, um, that's what I would. Entertain, I don't know if anyone else has any, um.

Yeah, I think this is a same time we spoke about the other ones mayor. I think that that was something we spoke about as well. Uh, it could be subject to none of us being able to to get this race. Yes, I agree with you. I think it is extremely important for our commission to be paid. Um. But that being said, when I ran, I wasn't. I would have no issues with this going into effect once I am out as well. Um, I mean, that would be my motion if if nobody has any. Other thing to say, or it's against that I respect if anybody thinks that they should be done now. But I do think it should be something for the future. And I do think that it is a. A great way to set up the future commission. To have good people up here, right? It's important.

I, uh, I was not present. At the last meeting when, uh, when this was being discussed and. And 1 of the things that that I think, um. we were elected to do by you, the people who put us here, is to look out for the future of our city. And running for public office and sitting here, it's not easy. It's not easy to campaign and to have your name just run through the mud and have a lot of false things said about you. And the saddest thing for me is that we're here to listen to you, the people, but I want to be very clear that the people are not the bloggers. And citizens listen too much to people who do this for a living, who either want clickbait so that they can get paid, or they want to get paid so that you can silence them. And our citizens listen too much to that. I'm glad that Mayor and Commissioner Cardenas, you shared that because I feel the same way. I mean, this is so that if there is the school teacher that decides that their passion is to sit on the city commission and they have to take a four year sabbatical, they can still put food on the table for their family. and do this as a full-time job, if that's what it takes. And Brownsville, as it continues to grow, I will tell you, it takes a lot of time. And not everyone right now has the financial means to run for office. And this, I believe, will set up the city of Brownsville in the future, because don't forget, the charter also has term limits. So when you start running out of people that want to sit up here, how do you recruit new people do you get the the average everyday brownsvillian to be able to sit in these seats and it is through uh adequate compensation i do believe that and and but i i i share the sentiments mayor i'm fine uh if if if the people will have me and get reelected i i have no problem having this be pushed after my term for myself after my term is out i i do not want this to be The narrative that's out there by the bloggers. Who sadly people listen to. That this is a a pay to play situation. We're not voting for this. We're voting to put it on a ballot. So that you, the voters can vote on this, but if it makes you feel better as voters. I'm 100%. The people sitting up here won't receive this raise. It's for the future of Brownsville so that you can have good people sitting in these seats in the future. I think that's very important as our city continues to grow and we continue wanting to have good people from Brownsville sitting in these seats. So those are just my two cents and And I hope that the commission takes your comments into consideration because I would definitely approve that as well. However, that needs to be awarded. Well, I don't know how that works in the charter, but I do believe that it should be something that is set up for the future. And another thing for people who are listening, you can't do charter amendments whenever you want. Right, right. It's every 2 years. You have to wait 2 years. And so who knows what the demographics of this board looks like in 2 years. But, but if you keep pushing, kicking the can down. Then you're not going to have good people running for these seats in the future. Which is hopefully what this is set up for, which is for the people who come and serve after us.

Thank you. Thank you commissioner. I just like to agree and echo with the rest of the commission. Um, I, I, I made the motion last time because I firmly believe that. This position should be available to the working class and that. By by providing a qualified salary, we were able to get qualified candidates and build towards that future as a city. Um, I think that it shows our, our responsibility as a commission also putting it forth until next year and not enacting it as soon as it's passed. But, you know, reiterating what commissioner said as well is that we're, we're putting this on the ballot for the public to decide. And we want to just be clear about our intentions of putting this on there. But I like the idea of waiting until the next election for this to be connected.

Commissioner, I totally agree with you. Everybody already knows that I was the only one that voted no.

And I stand by that. 100%. And I don't care what blogger anybody says. I'm not here for likes. I'm not here for shares. I'm not here for none of that.

And I'll make it plain and clear. But you are right. I think if we could make it to the point where I'm willing to keep my page

My deal, the way it is, and then for the future person that replaces me in two years or in four years or six years or whatever the case may be, at least he or she will start off fresh.

But I stand, but I agree with you.

We need to set up the commission to get good people in here, people that love their city like I do, I go to bed with integrity, I wake up with integrity, I go to bed with honor, and I go wake up with honor.

When the boat is sailing, I'm on board. When it sinks, I will sink with a ship. I will not depart and leave anybody fall behind. But we need... we need to make sure that it starts after we are gone.

And I think we're doing just for he or she, him or her, that takes our lead after we're gone. So we need at least something for them to start off with. I will not raise my pay while I'm here, but it will prepare for someone else when they take our place.

I'm all right with that. But it's all up to the voters.

The voters are the ones that decide. We don't decide. The bloggers don't decide. The voters, the citizens that go out there and vote, I urge each and every one of you, whether you're for it or against it, go vote. That is the most precious thing we have, and we've got to take care of it. Whether we agree, disagree, for whatever it is, we may like each other, we might not like each other, but we have to work together. Together we're better. I love my city. I love every employee that works here and I appreciate everything they do for this city. By God, what I let someone talk bad about them. I will stand up for my city. I will stand up for every commissioner and mayor here when I know they're right and when they're wrong, I will say they're wrong. But we're better than this. Thank you, Mayor. Thank you, commissioners. Thank you for the hard work you do. I agree with you. Let's set something up in place for the next generation, for the next commissioners, for the next mayor that will take our place. Don't worry, I don't want to be married.

Mayor, I don't have any.

But let's set something up for the future. It won't be me. I promise you that. Thank you. Thank you, commissioners. I know it's hard sometimes to come up here and talk and speak and give our two sins. But I'm on board. But I'm on board after I'm finished. And I think that's the right thing to do.

Thank you for everything you all do.

Good night. That said any further comments.

I'll speak so I was on the charter review committee. Um, all the people on the on the committee thought that it should be a paid position because you are giving of your time and energy and. Um, mayor, you've, like, set a whole new example, you are available basically 24, 7, you put it a whole new. So, if anything, we, we definitely recognize that you should be rewarded compensated for it. I, on an individual basis, I was not very keen on it simply because, um. I've been in this in this situation where employees couldn't even get, um, they're like, not, um. Even paid at average, they're being paid below median. All of a sudden, we're doubling our salary. It just doesn't, as a manager, presumably, that it doesn't set the right tone. But I do think that, yes, people should be compensated in the future as the city grows and this job carries even more responsibilities. You do want qualified people to do it. And if you're going to give up, like you said, a career because I think you've pretty much given up your personal job. That compensation is good. And at the end of the day, as y'all have mentioned, it's the voters who get to decide. It's not us. We're giving you just the option to vote on it. By taking it away, that also takes away an option that you might have. So for those reasons, I agree with y'all. It's not for us to decide, but yeah, it's recognizing people's efforts and the commitment that they do in trying to help our city and connect people to resources.

Thank you. Just one second. I agree with you. We have to take care of the employees there, 100%. give my raise to the employees before I ever take it myself. 100%. Now, I've been here for a short time, and one thing I do want to make very, very clear is I've never seen and I've never worked with another person, or this is my first mayor that I worked for that does this, a full-time job. And trust me, I'm not here to kiss his butt. by no means. And I say it the way it is. But this man is here all day. And I like to say, call it the way it is for someone to leave his job to come and be a mayor 24 7. You got to respect that you do.

And I respect that to leave your job to come be mayor and get

sometimes and i i i watch my mouth uh criticize sometimes maybe a lot of times but uh thank you mayor thank you and the other commissioners thank you for everything you do i know uh we all give our time uh differently at different times because i know uh lot of you all have jobs uh fortunately i don't have one because i'm retired but i got a little bit more time than the rest of you all and when you all have jobs and families it takes a little bit more of that time but you all do a lot with the time that you all do but mayor you do a lot of thinking and and

every time i drive by i see your car outside so you know i don't think you're just parking here hanging out but uh thank you sir thank you thank you and thank you for the commissioners thank you on that note i'm going to move to approve and give the voters the right to decide whether or not they want to give commissioners a raise and mayors just clarification when would it be effective

After I'm gone.

I would say for me, it was after my potential second term. That's for my mayor salary.

So will it start in May 2027?

No. Mayor, would it be easier just to say nobody who runs for, who stays, nobody who's up here voting for it can receive it? Is that the wish of everybody? That was mine. That was my intent. In their current seat.

Right. Yeah. So in the current seat. Okay. That would be my intention.

So we need to yeah, uh, commissioner are you amending your motion to include that? No city commissioner would receive the race.

Sure.

Okay. All right. So we do have a motion. Do we have a 2nd, 2nd, 2nd, 2nd, any further discussion? If not all those in favor, please say aye. All those supposed to say nay. I just have a motion carries. Thank you guys.

But this is after our term, right?

So that concludes the public hearing items. We will move on to the items for the individual consideration, starting with one. Is the consideration in action to authorize the contract with Zewaia Corporation in the amount of $3,909,970 for a contract number 19626ISDRFP for the HVAC upgrades at the Brownsville animal and regulation care facility as budgeted. We'll turn it over to staff.

Thank you. Good evening, Mr. Mayor, Commissioners. We're back here again to see if we can get approval. This time we're doing some HVAC renovations for our animal shelter. Earlier this evening, you saw one of the pets that's up for adoption. So we definitely want to offer some comfort, not only to them, but to the employees that work there. and to the citizens that go and visit the animal shelter. Now, this is not just only an HVAC project. We are also upgrading and modernizing their filtration system, the air ventilation system. So if you've ever been to the animal shelter right now, depending on when you're going, it may not smell the best, even though they try to keep it as clean as possible. Um, and that's not their fault. Just the ventilation system that they have right now does not, uh, will not meet the needs that they have. So it's a combination of upgrading the system and upgrading the ventilation system. Um, as part of this project, um, we did go out for competitive seal proposals. Uh, corporation was ranked the highest, uh, proposer. Uh, we were able to negotiate, uh, the final price of 3.9Million dollars.

Questions or comments from the Commission?

I move to approve.

Second. We have a motion and a second to approve. Any further discussion? If not, all those in favor, please say aye. Aye. All those opposed, say nay. Ayes have it. Motion carries. Thank you. Thank you so much.

Next item for consideration is the consideration and action to approve a resolution number 2026-073 authorizing the local park Park grant program, the resolution I'm authorizing an application through the signature of the local government official for the Texas parks and wildlife grant used for the park and accepting the terms and conditions of said grants for the city of Brownsville. Turn it over to staff.

Good evening mayor commissioners and beautiful guest here in the city of Brownsville. Uh, well, it skipped, uh, uh, we're going for the grant application once again, as we have done for the last 2 years. Um, it's a 750,000 dollar grant in conjunction with the 750,000. that we have earmarked as the match the 50 50 match uh with bcic funding that 50 match uh this year as as as well as last year both our department epmo and grants department all three have strategized to ensure that we're as competitive as possible. Last year we moved up from being over 100 ranked to 53. So we missed the grant award by three slots and we're very proud of that advancement and we feel that this year with the adjustments that we've made as a team that we're going to be competitive enough to obtain a grant you know, the grant funding and award this upcoming application. So this is just to notify you that we are going for the grant funding once again. Uh, we have added a environmental, uh, study with a, of outside vendor to ensure that we are not only looking at what we're applying for with the grant application, but we're looking at the additional phases to what needs as a whole complete project moving forward beyond that application. So. In addition to that, we did obtain a 500,000 dollar, uh, additional funding from different source. So we're looking to hopefully have a 2Million dollar project once we obtain this grant. So we're super excited about that. Sorry. I don't sound super excited right now, but I'll get back warmed up. But yes, we are excited about that.

Any questions moved to approve 2nd, 2nd, the 2nd to approve any further discussion. If not. All those in favor, please say aye. Aye. All those opposed say nay. Ayes have it. Motion carries.

Thank you very much. Have a wonderful evening.

Thank you, Sean.

Next item for consideration is to approve resolution number 2026-110, creating the Brownsville Sports Commission to evaluate the current use future programming opportunities. and the long-term sustainability of the professional and amateur sports programs within the city, and to provide the recommendations to the City Commission by adopting the bylaws for said commission and authorizing the city staff to take all the necessary administrative actions related there to turn it over to staff.

Good evening, Mayor, City Commission. This is to approve the bylaws and establish the resolution to create the Brownsville Sports Commission. This would be just like every any other advisory board within the city of Brownsville. But this would be keenly focused on sports tourism. We've been working closely with USL. We're looking at investments at the sports park. Thanks to the city and BCIC, we have a wonderful tennis center. We just want to further those actions. It would be made up of eight members. One would be an ex officio member that could be either designated by the city manager or the city commission. Seven would be voting. We are not talking about who's going to be on the board yet or the makeup. We can do that later. This is just for the resolution. Uh, bylaws and governance are here just like any other advisory board. Again, it's just to evaluate not just the sports park, but, um, just sports tourism in general. And I will open it up to questions.

I don't have a question, Nathan. I just want to thank you and Mr guard and anyone behind this. This is a, this is a big deal for me. I think that we're getting to the point in the city. Where having a sports commission is important. I do believe that there's a difference between maintenance and operation of sports. And having a commission that's actively looking to partner and to bring premier sport opportunities. to Brownsville. I know for a really long time, our families are traveling every weekend to the McAllen area, to Corpus Christi. They're taking their kids to tournaments to Round Rock, San Antonio, and Houston, and we deserve a commission that is going to actively partner and participate to bring those here to Brownsville so that people are coming to Brownsville to participate in sporting events. I think this is long overdue in our city, and I'm glad that we're finally moving forward with it.

Thank you. And I'd like to give a special shout out to deputy city manager, Felix, uh, uh, Louie, uh, DeLeon under hellio, China's and Sean, the polymer for contributing to this as well.

Thank you gentlemen. So for this board, we'll, we'll be able to appoint individually. Which commission? Yes.

Uh, at a later, uh, commission date. Yeah.

Thank you. All right. Like, there's a certain, uh, requirements to be on this, right?

And yes, and the makeup of which we want specific organizations to be a part of this as well, of which we can discuss with you at a later date.

Move to approve. Second. We have a motion and a second. Any further discussion? If not, all those in favor, please say aye. Aye. All those opposed, say nay. Ayes have it. Motion carries. It passes five to zero.

We will move on to item number four is the consideration and approval on the second and final reading on ordinance number twenty twenty six dash eighteen oh eight. I'm amending chapter one zero two of the city of Brownsville's code of ordinance to adjust the resaca fee. We'll turn it over to staff.

Good evening, mayor and commissioners. I'm Allison Bastion Rodriguez and I, I'm associate general counsel for the Brownsville Public Utilities Board. And with me tonight is board director, Dr. Joseph Holman, as well as our director of finance, David Medrano. So just by way of a little recap, back on June 16, the Brownsville PUB representatives brought to you for first reading ordinance number 2026-1808, along with a presentation detailing a comprehensive history of the risaka fee how it was implemented what it's used for and other information we also provided to the city resolution 2026004 which recommended the the reduction pardon me of the risaka fee um in adopting the resolution the board had considered the options of elimination or reduction and when we brought that resolution to you along with the proposed ordinance we had brought both options to either reduce or eliminate as the commission saw fit. And so at the June 16th meeting, the city commission moved to approve on first reading after public hearing Ordinance 2026-1808 to eliminate the resaca fee. And since then, the BPUB board met on July 13th of 2026 to revisit the issue And what they did is they passed Resolution 2026005, which is in your packet. It repeals 2026004, and it recommends the elimination of the RSACA fee. So the ordinance you have in your packet we provided, it aligns with the June 16th City Commission action, but it does provide, it modifies slightly to provide for enough time for PUB staff to Effectively implement the elimination of the socket fee you'll see that section 3 provides that the elimination shall apply for the billing month immediately following the month in which the elimination becomes effective. So, again, otherwise, this is just to bring. The Brownsville recommendation that the city commission repeal the.

as provided in uh code of ordinances 102 81 and we are here to discuss or answer any questions any questions or comments from the commission take a motion move to approve second motion in a second to approve any further discussion not all those in favor please say aye aye aye all those opposed say nay eyes have it motion carries thank you

Next, we will enter into the board appointments for consideration is on resolution number 20, 20, 20, 20, 26-083 C to appoint or reappoint members to the Paseo de la Rezaca Lighting and Landscaping Maintenance District Service Plan Board. This appointment goes to Commissioner De Leon.

Commissioner De Leon asked to appoint Joseph Modesto.

We have a motion. Do we have a second? Second. We have a motion and a second. Any further discussion? If not, all those in favor, please say aye. Aye. All those opposed say nay. Ayes have it. Motion carries.

Passes 5-0. The next appointment for consideration is on Resolution No. 2026-100 to appoint or reappoint members to the Transit Advisory Committee TAC. This appointment goes to Commissioner Macias.

I would like to appoint Marcos Vega.

Second. I have a motion and a second. Any further discussion? If not, all those in favor, please say aye.

Aye.

All those opposed say nay. I just have it. Motion carries.

Mayor, may we enter into executive session? Yes, please.

We have a motion. We have a second.

Second.

We have a motion and a second. All those in favor, please say aye. Aye. Aye. I just have it. Motion carries.

All right, it carried five to zero. We will enter into executive session pursuant to number one, which is closed session pursuant to the Texas government code section 551.071 related to the Calvin and Wildrose construction. Number two is closed session pursuant to the local government code 551.071 related to the Midtown Entertainment District enforcement. Number three is closed session pursuant to section five five one point zero seven one and point zero eight seven related to the land use regulations involving the certain business under the number four is closed session pursuant to section five five one point zero seven one related to the roles and responsibilities of boards and commissions, including the budget transparency. Number five is closed session pursuant to the um to the local government code 551.071 regarding the roles and duties of the city commissioners and city officials the time is 7 52 p.m we will return as soon as the commissioners are back in session

Ready?

May we reconvene into open session?

Yes, please.

The time is 927. The city commissioners are reconvening into open session. Is there any possible action to consider for action number one related to Midtown Entertainment District enforcement?

Make a motion to proceed as discussed. All right. We have a motion and a second. Any further discussion? If not, all those in favor, please say aye. Aye. All those opposed say nay. Ayes have it. Motion carries.

Next item to consider for your, it's in regards to ordinance number 2026-1814. Is there any possible action on this?

Move to table. Second.

To August 4th?

Yes. Okay.

And is there a motion and a second?

Yeah, we have a motion and a second. Any further discussion? If not, all those in favor, please say aye. Aye. All those opposed say nay. I just have a motion carries.

And then is there any possible action to item number three related to the CCAD property ID 30393?

No action. No action.

Next thing is adjournment.

So moved. Second. We have a motion and a second to adjourn. All those in favor? Aye. Aye. I have it. Meeting adjourned. Thank you, everyone.

The time is 928 p.m. We are adjourned. Have a good night.

Oh, yeah.