City Commission - Regular Meeting

And now we move into a workshop of the McAllen City Commission held in accordance with the Texas Open Meetings Act. All workshops are open to the public and serve as an opportunity for city staff to present detailed information, reports, and updates to the commission in preparation for future action or decisions. While no formal votes are taken during these sessions, workshops play an important role in the city's policymaking and decision-making process. ...process...

GOOD AFTERNOON, EVERYBODY. WELCOME TO THE CITY COMMISSION WORK SHOW. ANY QUESTIONS TO STAFF REGARDING OUR MEETING? ANY QUESTIONS? IF NOT, WE ONLY HAVE AN ITEM AND IT'S AN EXECUTIVE.

And we're back from executive session.

There being no further items, this workshop is adjourned.

This concludes the workshop of the McAllen City Commission. Workshops are held on the second and fourth Monday of each month at 4 p.m. in the City Commission Chamber, located on the third floor of McAllen City Hall. The public is always welcome to attend or view online. Thank you for staying informed and engaged with the City of McAllen. And now from McAllen City Hall, a meeting of the McAllen City Commission.

Can we please bow our heads, please?

Dear Lord, I ask that when you bring this commission together, that you give us the wisdom and guidance to make our decisions in the best interest for our community and our city. I also ask for the safety of our first responders and our city employees and for the families that are struggling in these times of hardship. In God's name we pray. Amen.

Okay, our first item, we have public hearings.

Mayor, commissioners, good afternoon. The following items went to Planning and Zoning Commission on July the 21st, and the board recommended approval of three rezonings and two CEPs. The first rezoning is rezoning from C3 to C2, located at 3300 South Jackson. This is on the intersection of South Jackson and El Rancho Road. Item number two is rezoning from C3 to R2, located at 2501 South, I mean State Highway 107, just west of North 23rd. Item number three is rezoning from C3 to C2. This is right next to item number two at 2517 State Highway 107. Item number four is a conditional use permit for a smoke shop that was approved last year. It is located at 5212 North 10th. This is on 10th and Zinnia. Item number five is conditional use permit for a bar. This is located at 2022 Nolana Avenue on the north side of Nolana, just west of Bicentennial. This will be the applicant's first request.

Okay. Do we have anybody to speak against any of these items? Mayor, 1A5, I need to abstain. Okay. Is anybody here to speak against any of these items? Motion to approve. So I hear a second. Second. All in favor? Aye. Against? Motion carries.

So item B is also on consent. It's items 1 through 5, our city-initiated rezonings. This is 212 parcels. This will bring us to 17%. We had no opposition at our meeting.

Will anybody speak against any of these items? Motion to approve. Second. Will anybody here to speak against any of these items? No. They're being the first and second. All in favor? Aye. Aye. Against? Aye. Motion carried. We have item C.

Item C is a request of rezoning from R1 to I1, located at 4716 Buddy Owens. This is just west of, I think, Benson. So this is just west of the electrical substation that was brought in a couple months ago. They're proposing to do office for 18-wheeler transfer station overnight layovers and repairs. The area does abut residential homes to the north and to the east. And we feel this is not the right zone for this property. We did have neighbors in opposition to the request as well. PNZ and staff recommend disapproval.

Anybody to speak against this item? Yes, ma'am. Yes. Yes. One stream. I want. One stream. This way.

Hi, good evening. My name is Kristen West. I own the property that's directly adjacent to the north of the property in question. I'm here to speak against the proposed rezoning to light industrial. The property is in violation of its current single family residential zoning and the property owners are already behaving as if the zoning change has been granted to them. They are operating a truck parking club and a truck brokerage out of that property. In doing so, they have caused not only a devaluation of mine and my neighbor's properties, they've caused physical damage to my property as well. My home has been listed for sale. The feedback that has been received after every single showing is no one wants to live next to that. My realtor, she's here with me. She can attest to it. The fact that potential buyers are saying, it feels like living in an industrial park. I can't sell my house. I can't lease my house. No one wants to live there. I don't want to live there. They're parking semi-trucks and trailers, running the engines for those trucks and releasing the air brakes when they're parking. This goes on at all hours. They are running generators for refrigerated trailers at all hours. They're removing and replacing semi-tires. All of this is loud and disruptive. They've been stacking semi-tires against my fence posts and panels. These tires weigh in excess of 100 pounds each. It's causing damage. My posts are breaking. The individual boards are falling down. Panels are coming loose. At this point, attempting to fix it is throwing good money after bad because every time I go back to the house, there's more damage. I've submitted photos via email with the city secretary. I have physical copies if anybody would like to see that. The current property owners clearly have zero regard for their neighbors and zero regard for the current city zonings, structures, and ordinances. They've been blatantly breaking them for months. WITH ABSOLUTE DISREGARD FOR EVERYONE ELSE AND NO CONSEQUENCES, LEAVING THE REST OF US TO DEAL WITH THE FALLOUT OF THE NOISE AND THE PROPERTY DAMAGE. RESPECTFULLY, PLEASE DO NOT GRANT THEIR REQUEST. THANK YOU SO MUCH FOR YOUR TIME.

THANK YOU. ARE THESE THE PICTURES? ANYBODY ELSE AGAINST THE ITEM? Uh, so this came with a negative recommendation virus. Majority.

That's correct. Mary. This would require a super majority for the record that there has been city enforcement actions at this property. They have pending cases in municipal court because of these violations, but those were evaded pending the outcome of the rezoning because it's for operating a business in an area where 1 shouldn't be operated. in addition to the practical concerns raised by the neighborhood and staff there would be legal concerns should this be approved and my office is recommending disapproval and that's you're talking about spot zoning that type of stuff we can go into that in executive if y'all would like uh i would reserve that make a motion to disapprove well i guess we want to hear from the applicants yeah yes sir i'm sorry

Buenas tardes a todos. Quería dar un poquito de contexto del negocio que hacemos. El negocio Sotec Express es un negocio de transporte. Sí requerimos que lleguen los camiones a entregar su papelería, a recoger cheques o lo que sea. Sí, a veces sí se quedan un poquito de tiempo, pero no pueden estar más de 24 horas ahí. Tenemos el Freight Dispatch, el Proper Investments, Haven Home Care y Tractor Bean Express. El proyecto que tenemos para ese lugar es una oficina. Ahorita, por motivos de que nos estamos acomodando, tenemos que dejar los camiones que lleguen ahí. El proyecto de la oficina va a quitar los camiones de ahí. Nada más que ahorita nos requiere que tendremos que buscar otra tierra. to prepare her for parking and it is very difficult for us right now. As the lady said, we made a buffer zone of 16 feet back to the north of the property and we want to make a 8-foot fence to avoid the discomfort that we are giving them. We have talks with Mr. Javier Villesca from Bank of South Texas to finance the construction of the office. In reality, what we want is the office for those businesses. We are not going to stay there all the time.

Why would it be industrial?

Eso fue lo que me propusieron.

Because of the 18-wheeler parking. Because of what? 18-wheeler parking. They'll be staying overnight.

They have been staying overnight. Not all the time, but okay. So I'm trying to figure out any other area that's commercial? Not in that sense. Well, este es el lugar. Todo esto es comercial.

Right now, we have the issue of industrial and malware.

Right now, right next door, we have conditional use permit for swimming classes, and the resident, the applicant does live there, and he has swimming classes in the backyard.

Okay.

Good, gentlemen. Anybody else?

¿Cuántos años tienes ahí en esa locación? Lo compré ahí el 24, por ahí. Próximo dos años más o menos. Va para dos años. Did you buy the residential or did you buy it? I bought the residential. The houses that are on one side, which are on the east side, I went to talk to them and they told me that they didn't have a problem with me. There is a problem with the ones in the back because they are the ones who complain. But that's why I said, I could lift a eight-foot bar, which is what they ask for. para evitar si hay alguno. De hecho, ya tenemos un buffer zone para no arremarnos para nada. When trucks arrive, they arrive empty. They don't arrive, if they get stuck from time to time, but it's not that they're stuck.

They're not stuck there with vegetables.

No, they arrive empty. There they don't make any movements like we do. They just arrive there, deliver, wait for their hours, and leave. Like yardage. Like yardage, but... That's why I had applied for C4, which is the... What's it called? Terminal, like a terminal. But they told me they didn't use it anymore. But in reality, we don't want to hurt anyone. What we want is just to continue with the project we have of the offices.

Yes, but right now you want to continue as you are operating right now. Why so long? How? As you are operating right now. Ah, as we are operating right now.

Well, I think that, according to what I talked to Mr. Javier Villescaz, they are going to finance the construction. It could be by the year that comes.

Well, okay. But right now, in this area, it's residencial.

You can't have commercial.

So, for now, you're violating the residencial decision?

I moved to disapprove as recommended by PNZ. Do I hear a second? Second. All in favor? Aye. Against? Motion carries.

No, no, no lo probaron hoy. Okay. Pero hable con ellos para ver qué pueden hacer. ¿Con quién?

Ese es el bueno. Pero, I mean, how many days does he have to, well, legally? You have to make a decision that, you know, your current operation needs to be stopped.

But I would like to know if they can give me some time because for me to move all of that, it's not that easy.

Working legally, because the issue we have right now is not that. It was industrial, residential industrial, and that's all we can do right now. But C4 is no longer used. That's going to be difficult because they're just houses there.

Thank you, sir. Okay, next item.

Mayor, you need a motion to amend zoning. Oh, you need a motion to amend zoning ordinance and set your calendar. Second. Second. All in favor? Aye. Against? Motion carries. Next up.

Mayor, next you have the consent agenda. Item 2B. Award of Contract for Airport Refuse Firefighting Apparatus Foam Transition Project. If we could table that one for a meeting. We're still trying to work out some funding issues on that. Do you have a motion to table item two?

No vote. Second.

All in favor? Aye. Against?

Motion carries. Yes.

Staff is present if there are any questions. I have a couple questions on D&E.

About D&E? D&E. Okay. Do I have a motion to approve items A through... Face by the DNA. All in favor? Against? Motion carries.

Okay, let's hear item D. On D, the question was really just on the warranty. I saw the bidder put in their warranty for parts, but I didn't see anything that was covering labor. And it seems like too big a contract to be signing without a warranty at all for labor coverage.

That's the incubator AC repair, Denny?

Yeah, we have with Sunday Good Desk.

Do you know what the warranty is, Denny, off the top of your head?

But whenever there's a warranty, does that usually cover parts, labor, everything for a certain period?

Well, it's specifically labeled parts. It's just nothing.

Legal can take a look at it, too.

Yes. And on E, I was just questioning, I thought this was the contract that we had already authorized to B2Z. Is this a different component of the project?

Great. So there's two components. They'll do the construction, the engineering inspection for the overall project. But the engineer, we left that out. Every engineer, when we go under services with them on the design, they go and inspect the project. their work. It's a minor inspection that they're doing. It's for submittals, RFIs that come through the project. We separate that out. This one is just more oversight. Yes, sir. And the reason we do that is we try to consciously budget it per year. And so that expenditure happens in the fiscal year that it happens.

Okay. Thank you.

Yes, sir.

Thank you, Mayor.

Okay, so that was item D. Those were questions on D&E. If there were no more questions.

No more questions, I have a motion to approve item D&E. So moved. Second. All in favor? Aye. Against?

Motion carries. Item 3. Mayor, item 3A is consideration approval of contract for general aviation infrastructure improvements. Jeremy is here to talk about that.

Mayor Commission, good afternoon. This contract will provide the study, design, and bidding services for the development of the extended general aviation ramp, utilities, and taxiway connector along the currently vacant and undeveloped west side of 10th Street south of Cascade Park. This investment will further develop essential airside infrastructure while addressing capacity constraints strengthen disaster resilience and emergency response infrastructure that includes a dedicated ARF station, allows for addressing of efficiency to the international general aviation operations with the GAFIS or the Federal Inspection Station, and enable critical airport infrastructure necessary for long-term economic growth. These are services that are under FAA grant number 69, which was approved earlier on the consent agenda. The proposed fees will be covered by 90% federal funds and 10% passenger facility charge. Staff recommends approval of the proposed contract, ma'am.

Any questions? No.

Second.

All in favor? Aye.

Against? Motion carries. Item 4. Thank you. Item 4A is an ordinance providing for the adoption of the 2024 International Fire Code.

Chief. Chief, and since I don't know anything about that, we're going to rely 100% on you.

Yes, sir. Absolutely. Mayor and Commission, thank you. So this item before you is, again, as it was mentioned, for the consideration of OF AN ORDINANCE ADOPTION FOR THE 2024 INTERNATIONAL FIRE CODE SO THE CODE IS UPDATED ABOUT EVERY THREE YEARS OR SO RIGHT NOW WE'RE CURRENTLY OPERATING ON UNDER A PREVIOUS ADDITION OF THE FIRE CODE AND WE ARE REQUESTING TO ADOPT IT 2024 which includes some provisions intended to improve fire protection requirements, address emergency technologies and hazards, and clarify existing code provisions. Adoption of the updated code will ensure the City maintains current fire safety regulations that protect the public, property, and emergency responders while promoting consistency with nationally recognized fire safety standards. I'll open it up for any questions you have. Other than that, we recommend approval for the adoption. Chief, I bet you nobody understands it. That's why we rely on you.

We do. Any questions?

So moved.

All in favor? Aye. Against? Motion carries. That's why we hired them. Thank you.

Mayor, item 4B, staff was able to take care of with existing appropriations, so that budget amendment will not be necessary. Okay, item 5. Item 5A is a variance to cul-de-sac. Well, go ahead. You talk faster than me today.

So the development team is recommending approval of this request since the gated community and the engineer... It's a gated community, so there, of course, it's a variance not to... The cul-de-sac link, it is gated, so the engineer has modified the site to comply with the rest of the requirements. So originally, they were going to do townhomes. We're good and safe. Yeah, so we're good. Do we hear a motion to approve? So moved. All in favor? Aye. Against? Motion carries. Item 5B. 5B is a... VARIANCE REQUESTS NOT TO PROVIDE THE EAST-WEST COLLECTOR, QUARTER MILE COLLECTOR. SO THIS DEVELOPMENT IS AT SOUTH 10TH AND RIGHT AT THE OLD SOUTH 10TH, JUST NORTH OF MILITARY. THE DEVELOPMENT TEAM IS RECOMMENDING APPROVAL ON THIS ONE. SO IF THEY WERE TO APPROVE IT, IF THEY WERE TO PUT THE EAST-WEST COLLECTOR, IT WOULD KIND OF DEAD END INTO THAT CURVE OF 10th STREET. SO IT WOULD CREATE A... DO I HEAR A MOTION TO APPROVE? SO MOVE.

SECOND.

ALL IN FAVOR? AGAINST? MOTION CARRIES. 5C, they are requesting variances not to provide sidewalks on NYSA, South H, and East Pine Ridge. The development team is recommending approval not to do it on East Pine Ridge, but we are recommending to request the sidewalks on Nysa and H Street. Nysa or Nassau? Nassau. Sorry. Sorry. So then on this particular one, it is all the development around, all the new development around the area is providing sidewalks. So, of course, like Heights and McCall, which is to the north, Jackson Meadows to the northeast, and La Silla to the east, they've all provided sidewalks. We also have some new, sidewalk, new construction of homes on Nysa. And they are, as the new developments are going in, the homes are adding in sidewalks. So that's why we're requesting the sidewalks on those two particular streets. So, but one street? No.

No.

And why is that a no? So on that one, the majority of the homes are already there, and we had recently brought in also a subdivision to the west of this particular area, and we had already granted a variance not to provide the sidewalks.

So there's the continuous on the other one, there's continuous on the sidewalk, the other one's not.

Correct. And then the one on 8th Street, it's all new development, so it's all vacant.

Do we have a motion to approve as recommended by staff?

Someone wants to talk? Well, this isn't a public hearing item, so allowing somebody to speak is not required. Unless we're signed up. Okay.

So you're going to override the applicant?

No, ma'am. Unfortunately, this is not a public hearing item.

Okay, was there a motion to approve this recommendation?

You didn't need the sidewalks there in Pine Ridge? I understand that they don't continue on.

It's because we've already approved subdivision to the west of this one. So we had already approved it without it. And yes, we will need it. However, all the homes on that Pine Ridge don't have it. But why didn't you say you would need it? You would. It's just because eventually when we do go in, the city's going to have to pay for it. Well, if the city's going to have to pay for it, why don't we require it here? Because we've got the approved variance right next to it. So what?

The planning department is attempting to be consistent.

Yeah, and that's a problem sometimes. Once it's been done, it's kind of difficult, but if it's already been done, it's not fair to the city, but it wouldn't be fair to the individuals either.

If the cost of owning the asset, if you take one, then it's about the seat, and then it's done.

That's possible.

It's up to you all. There has been a first and a second. You all want to pull it or whatever you all want to do.

I think it's just fair to scroll. If we can pull it and just table the item for them to tell the applicants. Because you're proud of that.

I'll make the motion to table. Second. All in favor? Aye. Against? The motion carries. Item six, manager's report.

Who has some board appointments to discuss with you?

Good afternoon, Mayor and City Commission. This item is for boards and committees served by elected officials, and we are bringing the boards and committees' appointments for Commissioner Frelick to the Convention Center Food and Beverage Committee, the Downtown Improvement, IMAS Board, the Joint City and School, committee the mckellen chamber of commerce board the ordinance review committee stadium improvements committee and the tourist two-way committee so i think i'm staying on medc so i think mr commissioner rios had an interest in the chamber correct

IF OKAY WITH EVERYBODY. I'LL STAY AT MEDICINE. ALL IN FAVOR? AYE. AGAINST? MOTION CARRIES.

FUTURE AGENDA ITEMS.

Mayor, I'd just like to mention that Wednesday at 4 o'clock, we have our last budget workshop at the golf course. And for next meeting in two weeks, Monday, the workshop will be a presentation for the community on the feedback we received from the community survey. Cesar will be here to present. I'm sorry, what day and time was that? The next Monday, second Monday meeting in August. I don't recall the date off the top of my head. THE NEXT COMMISSION. TWO WEEKS FROM TODAY. NEXT COMMISSION MEETING. IN WORKSHOP. IN WORKSHOP. EXCELLENT.

OKAY. ITEM NUMBER 7 IS A TABLE ITEM. AUGUST 24th, PLEASE. YES, SIR.

IS THAT READY TO COME OFF THE TABLE?

YES, SIR. OKAY. SO IT'S AYE.

WAIT, WAIT, WAIT.

PUT IT ON THE TABLE. EASY. ALL IN FAVOR? AYE. All right, so this item is at 2021 Orchid Avenue. We had, you all had requested this to go back to PNZ for they could hear the rest of the items. So this particular item is MKZ Nightclub. PNZ took at the review and they recommended six months approval.

Recommend the what? Six months. I don't remember it. This was on last meeting's agenda. There had been a request by staff that we limit that CUP to six months as a result of some previous fractions we have had at that location. This is, again, consistent with what we have done with other CUPs in the area. Six months. Yes, sir.

Motion to approve six months. Second.

All in favor? Aye. Against? Motion carries. Exemption of session items.

Mayor, with regards to item 8A, I recommend that the board entertain a motion to authorize the city manager and city attorney to proceed as described in the executive session.

So moved. Second. All in favor? Aye. Against? Aye. Ouching carries. That's all we have? That's all we have. They're being over the business. Thank y'all so much.

Regular City Commission meetings are held on the second and fourth Monday of each month. Meetings are broadcast on Tuesdays, Thursdays, and Saturdays on the McAllen Cable Network.