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«NOTICE OF REGULAR MEETING MISSION CITY COUNCIL JUNE 27, 2016 4:30 P.M. MISSION CITY HALL PRESENT: ABSENT: Norberto Salinas, Mayor Jessica ...»

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NOTICE OF REGULAR MEETING

MISSION CITY COUNCIL

JUNE 27, 2016 4:30 P.M.

MISSION CITY HALL

PRESENT: ABSENT:

Norberto Salinas, Mayor

Jessica Ortega-Ochoa, Councilwoman

Ruben D. Plata, Councilman

Norie Gonzalez Garza, Mayor Pro Tem Dr. Armando O’caña, Councilman Abiel Flores, City Attorney Jaime Tijerina, Deputy City Attorney Anna Carrillo, City Secretary Martin Garza, Jr., City Manager

ALSO PRESENT: STAFF PRESENT:

Kathy Olivarez, Progress Times Nelia Hernandez, Asst. City Secretary Bernice Garcia, The Monitor Aida Lerma, Deputy City Manager Emilia Alvarez Gamboa Randy Perez, Deputy City Manager Berta Cavazos Angie Vela, Asst. Finance Director Aronne Penna Danny Tijerina, Planning Director Raven Espericueta Jaime Acevedo, Asst. Planning Director Gilda Bowen Noemi Munguia, HR Director Jim & Beth Barnes Robert Hinojosa, Risk Manager Quincy Bonilla Eduardo Belmarez, Purchasing Director Yolanda Guzman Roland Rodriguez, I. T. Director Rafael Cepeda, Jr. Roberto Salinas, Public Works Director Sylvia Vazquez Juan Pablo Terrazas, City Engineer Tita Iruegas Jesse Lerma, Civil Service Director Ernestina Constante Rene Lopez, Jr., Fire Chief Julie Chavez Robert Dominguez, Chief of Police Gus Mikael Jonathan Wehrmeister, Judge Moshe Rios Joanne Longoria, CDBG Director Juan Diaz Mario Flores, Golf Course Director Jaime Gutierrez Luduvico Martinez, B & G Club Director Carlos Gaytan Brad Bentsen, Parks & Recreation Director Edelir garza Mayra Rocha, Library Director Fred Kurth Cesar Gutierrez, Sanitation Director J.J. Ramos Alex Meade, MEDC Chief Exec. Officer Humberto Garcia, Media Relations Charlie Longoria, Media Relations Jesus Gonzalez, Police Officer Ezeiza Garcia, Finance Dept.

Paula Banda, Administrative Asst.

1. Call to order With a quorum being present, Mayor Norberto Salinas called the meeting to order at 4:41 p.m.

2. Pledge Allegiance and Invocation Mayor Salinas led the meeting with the pledge of allegiance and City Manager Martin Garza, Jr.

gave the invocation.

Minutes, 6/27/16 pg. 2

3. Report from the Greater Mission Chamber of Commerce Josh Stockel CEO from the Greater Mission Chamber of Commerce reported on the chamber events that had recently taken place and advised the Mayor and City Council about upcoming ribbon cuttings and events.

4. Departmental Reports Councilman Dr. Armando O’cana moved to approve the departmental reports as presented.

Motion was seconded by Councilman Ruben Plata and approved unanimously 5-0.

5. Citizens Participation Deputy City Manager, Aida Lerma introduced Sister City President David Gustavo Flores Lavenant who invited the Mayor and City Council to the IX International Convention of the America Sister Cities Association to be held August 5-7, 2016 at Francisco I Madero and Torreon in the state of Coahuila.

1.0 Public Hearing

1.1 Planning & Zoning Recommendations A. Rezoning: Lots 5 & 6, Block 180, Mission Original Townsite Subdivision, R-1 (Single Family Residential) to R-2 (Duplex-Fourplex Residential), Enrique Fabela, Adoption of Ordinance # approving 1.1A On June 8, 2016 the Planning and Zoning Commission held a Public Hearing to consider this rezoning request. The property was located at the NE corner of Holland Avenue and W. 10th Street. There was no public opposition during the P&Z Meeting. The Board unanimously recommended approval of the R-2 zone.

Staff and City Manager recommended denial.

Mayor Salinas asked if there were any comments for or against the request.

There were no comments.

Councilman O’cana moved to deny the Rezoning: Lots 5 & 6, Block 180, Mission Original Townsite Subdivision, R-1 (Single Family Residential) to R-2 (Duplex-Fourplex Residential).

Motion was seconded by Mayor Pro Tem Norie Gonzalez Garza and denied unanimously 5-0.

B. Conditional Use Permit: To Place a 24’ x 60’ Portable Building, 915 W.

Expressway 83, Lot 1, Nido de Aguila Subdivision, P, Luz Para Las Naciones Church, Adoption of Ordinance # 4365 approving 1.1B On June 8, 2016 the Planning and Zoning Commission held a Public Hearing to consider this conditional use permit request. The property was located at the SW corner of S. Olmo Street and south side of U.S. Expressway 83 Frontage Road. There was no public opposition during the P&Z Mtg. The Board unanimously recommended approval for 3 years.

Staff Recommendation: Approval for 3 years.

City Manager recommended approval.

Minutes, 6/27/16 pg. 3 Mayor Salinas asked if there were any comments for or against the request.

There were no comments.

Mayor Pro Tem Garza moved to approve the cup and to adopt Ordinance No. 4365 Conditional Use Permit: To Place a 24’ x 60’ Portable Building, 915 W. Expressway 83, Lot 1, Nido de Aguila Subdivision, P, as recommended. Motion was seconded by Councilwoman Jessica Ortega-Ochoa and approved unanimously 5-0.

–  –  –

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MISSION, TEXAS

GRANTING A CONDITIONAL USE PERMIT TO PLACE A 24’ X 60’ PORTABLE BUILDING, 915 W. EXPRESSWAY 83, LOT 1, NIDO DE AGUILA SUBDIVISION C. Conditional Use Permit: To Place a Portable Structure for the Sale of Food – Fiesta Grocery, 208 N. Inspiration Road, Lot 1, Madrigal Subdivision, C-2, Valdemar Cantu, Adoption of Ordinance # 4366 approving 1.1C On June 8, 2016 the Planning and Zoning Commission held a Public Hearing to consider this conditional use permit request. The property was 130’ north of W. 2nd Street along the east side of Inspiration Road within the Fiesta Grocery site. There was no public opposition during the P&Z Mtg. The Board unanimously recommended approval for 1 year.





Staff Recommendation: Approval for 1 year.

City Manager recommended approval.

Mayor Salinas asked if there were any comments for or against the request.

There were no comments.

Councilwoman Ochoa moved to approve the cup and to adopt Ordinance No. 4366 Conditional Use Permit: To Place a Portable Structure for the Sale of Food – Fiesta Grocery, 208 N.

Inspiration Road, Lot 1, Madrigal Subdivision, C-2, as recommended. Motion was seconded by Mayor Pro Tem Garza and approved unanimously 5-0.

–  –  –

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MISSION, TEXAS

GRANTING A CONDITIONAL USE PERMIT TO PLACE A PORTABLE STRUCTURE

FOR THE SALE OF FOOD – FIESTA GROCERY, 208 N. INSPIRATION ROAD, LOT 1,

MADRIGAL SUBDIVISION

D. Conditional Use Permit: Portable Building for Monchi Loko Express, 1002 Hoerner Drive, Being 2.78 acres tract of land out of Lot 214, John H. Shary Subdivision, I-1, Andrew Rivera, Adoption of Ordinance # approving 1.1D Minutes, 6/27/16 pg. 4 On April 27, 2016 the Planning and Zoning Commission held a Public Hearing to consider this conditional use permit request. The property was located at the NE corner of Business 83 and Hoerner Drive. The Board unanimously recommended approval for 1 year.

Staff and City Manager recommended approval.

Mayor Salinas asked if there were any comments for or against the request.

There were no comments. Mayor Salinas was against the approval since the structure was located in the parking area of the establishment.

Councilman O’cana moved to deny the Conditional Use Permit: Portable Building for Monchi Loko Express, 1002 Hoerner Drive, Being 2.78 acres tract of land out of Lot 214, John H. Shary Subdivision, I-1, as recommended by Mayor Salinas. Motion was seconded by Councilman Plata and denied 3-2 with Mayor Pro Tem Garza and Councilwoman Ochoa dissenting.

E. Conditional Use Permit: Sale & On-Site Consumption of Alcoholic Beverages – Mariscos La Chivis, 600 N. Shary Road, Suite C & D, Lot 1, Esdras Vega Subdivision, C-3, Zamantha Zaray Guzman, Adoption of Ordinance # 4367 approving 1.1E On June 8, 2016 the Planning and Zoning Commission held a Public Hearing to consider this conditional use permit request. The property was located at the NE corner of Shary Road and 6th Street within Lot 1 of Esdras Vega Subdivision. The Board unanimously recommended approval for 1 year.

Staff and City Manager recommended approval.

Mayor Salinas asked if there were any comments for or against the request.

There were no comments.

Councilman O’cana moved to approve the cup and to adopt Ordinance No. 4367 Conditional Use Permit: Sale & On-Site Consumption of Alcoholic Beverages – Mariscos La Chivis, 600 N.

Shary Road, Suite C & D, Lot 1, Esdras Vega Subdivision, C-3, as recommended. Motion was seconded by Councilman Plata and approved unanimously 5-0.

–  –  –

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MISSION, TEXAS

GRANTING A CONDITIONAL USE PERMIT FOR THE SALE & ON-SITE

CONSUMPTION OF ALCOHOLIC BEVERAGES – MARISCOS LA CHIVIS, 600 N.

SHARY ROAD, SUITE C & D, LOT 1, ESDRAS VEGA SUBDIVISION

2.0 Disposition of Minutes

2.1 City Council Regular Meeting – June 13, 2016 Mayor Pro Tem Garza moved to approve the minutes as presented. Motion was seconded by Councilman Plata and approved unanimously 5-0.

Minutes, 6/27/16 pg. 5

3.0 Acknowledge Receipt of Minutes

3.1 Planning and Zoning Commission – May 25, 2016 Shary Golf Course Advisory Board – April 19, 2016 Councilman Plata moved to acknowledge the receipt of minutes as presented. Motion was seconded by Councilman O’cana and approved unanimously 5-0.

4.0 Approvals and Authorizations

4.1 Ordinance # 4368 repealing and replacing Code of Ordinance Chapter 42 Health & Sanitation, Article IV Smoking Regulations, Section 42-121-126 The City of Mission as a Home Rule City and as outlined in the Charter was charged with the protection of the health, safety, welfare, and wellbeing of its Citizens. Article IV Smoking Regulations, Section 42-121-126 regulated smoking within the public places within the city limits was one of the current regulations enacted for the above referenced purpose.

This ordinance authorized the repealing and replacing, in its entirety, of Chapter 42 Health & Sanitation, Article IV Smoking Regulations, Section 42 Section 42-121-126, of the City of Mission, Texas Code of Ordinances to meet the national standards for a municipality to be designated as a “Smoke-Free” city. Specifically, to improve the safety and health of residents and visitors, this action designated additional public spaces as smoke-free.

City Staff had met with representatives of the Tobacco Prevention and Control Coalition and had discussed with other Cities in our Region and in the State on their no smoking regulations. After review of the above referenced studies and discussions, the City of Mission found that smoking tobacco was a form of air pollution and was a positive danger to health and was a material public nuisance.

To permit transition to the policy change, this amended Smoking Ordinance would become effective in 90 days after its passage.

Staff and City Manager recommended ordinance approval.

Councilman O’cana moved to adopt Ordinance No. 4368 repealing and replacing Code of Ordinance Chapter 42 Health & Sanitation, Article IV Smoking Regulations, Section 42-121as recommended. Motion was seconded by Councilwoman Ochoa and approved unanimously 5-0.

ORDINANCE NO. 4368

AN ORDINANCE REPEALING AND REPLACING THE CITY OF MISSION CODE OF

ORDINANCES HEALTH AND SANITAION CHAPTER 42, SMOKING REGULATIONS;

PROVIDING A REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING

FOR PUBLICATION AND EFFECTIVE DATE; PROVIDING FOR CODIFICATION; AND

ORDAINING OTHER PROVISIONS RELATED TO THE SUBJECT MATTER HEREOF

4.2 Approval to donate 2004 Chevy Truck to San Fernando, Tamaulipas A request had been received for a 2004 Chevy Truck from Mayor Mario De La Garza for them to utilize at their fire department. This vehicle would be very beneficial to the department and their community. This vehicle was surplused on May 23, 2016.

Minutes, 6/27/16 pg. 6 Staff Recommendation: Approve donation to San Fernando, Tamaulipas.

City Manager recommended approval.

Councilman O’cana moved to approve to donate a 2004 Chevy Truck to San Fernando, Tamaulipas, as recommended. Motion was seconded by Councilman Plata and approved unanimously 5-0.

4.3 Approval to donate 1998 International Dump Truck to Francisco I. Madero, Coahuila A request had been received for a 1998 International Dump Truck from Mayor David Lavenant for them to use at their Public Works Department. This vehicle would be very beneficial to the department and their community. This vehicle was surplused on May 23, 2016.

Staff Recommendation: Approve donation to Francisco I. Madero, Coahuila.

City Manager recommended approval.

Councilman Plata moved to approve to donate a 1998 International Dump Truck to Francisco I.

Madero, Coahuila, as recommended. Motion was seconded by Mayor Pro Tem Garza and approved unanimously 5-0.

4.4 Approval to donate Ford F-250 truck to Guadalupe, Nuevo Leon A request had been received for a Ford F-250 pickup from Jesus Trevino Canamar, Presidente de Patronato de Bomberos from Guadalupe, Nuevo Leon for them to utilize at their fire department.

This vehicle would be very beneficial to the department and their community. This vehicle was surplused on May 23, 2016.

Staff Recommendation: Approve donation to Guadalupe, Nuevo Leon.

City Manager recommended approval.

Councilwoman Ochoa moved to approve to donate a Ford F-250 truck to Guadalupe, Nuevo Leon, as recommended. Motion was seconded by Councilman O’cana and approved unanimously 5-0.



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