City Meeting, Little League Presentation, Mayor Pro-Tem Appointed, & More

Updated: December 30, 2023

Iris Garcia
Special to LFN

On Tuesday, December 12th, the city of Los Fresnos held its monthly city council meeting at City Hall. Councilwoman, Gabriela Fernandez, led the meeting into an invocation and followed with the Pledge of Allegiance.

Covered during this meeting, were (18) consent agenda items, which are matters considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless requested by a member of the City Council. The item may subsequently be removed from the Consent Agenda to be considered separately.

Seventeen out of the eighteen Consent Agenda items were approved unanimously, 6-0, and are listed below.

Consideration and ACTION to approve the minutes from meetings on November 17, 2023 & November 21, 2023.
Consideration and ACTION to approve the first reading of an ordinance approving the Project Plan and Reinvestment Zone Financing Plan for Reinvestment Zone Number Two, City of Los Fresnos, TEXAS; authorizing the City Secretary to distribute such plans; containing various provisions related to the foregoing subject.
Consideration and ACTION to approve an Inter-local agreement between the Zone, the City of Los Fresnos, and Cameron County for County’s participation in the zone.
Consideration and ACTION to approve a Service Agreement with The University of Texas Health Science Center.
Consideration and ACTION to approve a resolution adopting required CDBG Civil Rights policies.
Consideration and ACTION to approve a resolution authorizing signatories for GLO Resilient Communities Program grant CDBG-MIT 23-160-015-E338.
Consideration and ACTION to approve a Proclamation declaring April as Fair Housing Month in the City of Los Fresnos.
Consideration and ACTION to approve the first reading of an ordinance granting to AEP Texas INC., its successors and assigns, a non-exclusive franchise to construct, maintain, and operate lines and appurtenances and appliances for conducting electricity in, over, under, and through the streets, avenues, alleys, and public places of the City of Los Fresnos, Texas.
Consideration and ACTION to approve the first reading of an ordinance granting to ONE Gas, INC., acting by and through its Texas Gas Service Company division, and its successors and assigns, for a period of twenty five (25) years from approval and acceptance of this ordinance, a non- exclusive franchise and right to enter the public ways to install, operate and maintain a distribution system within, along, across, over and under the public ways of the City of, Los Fresnos, Texas for the transportation, distribution and/or sale of gas to customers and the public generally in the city; defining the words and phrases therein; providing for assignment, sale or lease of the franchise; providing that the city may enact an ordinance charging persons transporting gas through grantee’s distribution system a fee on the calculated value of such transported gas; providing for use and repair of the public ways; providing for regulation of service; establishing depth of pipelines; establishing rights and duties in the movement and alteration of pipelines; providing for indemnification of the City of Los Fresnos, Cameron County, providing for grantee’s rules and regulations; providing for inspection of grantee’s records; requiring grantee to pay a franchise fee; providing for conditions of the franchise; providing for construction of this ordinance upon the invalidity of any part thereof; providing for acceptance of this franchise by grantee and both an effective and an operative date thereof; repealing all other ordinances directly in conflict herewith; and providing for severability.
Consideration and ACTION to approve the second reading of Ordinance 551 amending the Water Conservation Plan and Drought Contingency Plan Chapter 44-Utilities, Article II.-Water, Division 2, Water Conservation, repealing all ordinances and parts of ordinances in conflict therewith and providing for an effective date.
Consideration and ACTION to approve a Certificate of Resolution adopting the Section 125 Cafeteria Plan for city employees.
Consideration and ACTION to excuse the absence of Gordon Cappon from the October 16, 2023 Planning and Zoning meeting.
Consideration and ACTION to excuse the absence of Larry Stambaugh from the October 16, 2023 Planning and Zoning meeting.
Consideration and ACTION to excuse the absence of Daniel Alvarez from the December 4, 2023 Community Development Corporation meeting.
Consideration and ACTION to excuse the absence of Leonel Casanova from the November 6, 2023 Community Development Corporation meeting.
Consideration and ACTION to excuse the absence of Enrique C. Juarez from the November 6, 2023 Community Development Corporation meeting.
Consideration and ACTION to excuse the absence of Terry Vinson from the November 21, 2023 City Council meeting.
Consent Agenda item #14, which read, “Consideration and ACTION to excuse the absence of Juan Sierra from the October 16, 2023 and November 20, 2023 Planning and Zoning meeting” was set aside by Mayor Flores. Mayor Flores made a motion to not excuse the absences of Mr. Juan Sierra, as Mr. Sierra has missed two consecutive meetings. The mayor mentioned that Mr. Sierra has attended 63% of the Planning and Zoning meetings, compared to an average of 90% attendance of his counterparts. He believes it is important for board members to attend meetings as they are appointed to the position. He asks the council to consider not excusing the absences in hopes to see more of an effort on behalf of Sierra to attend meetings. Councilmember Fernandez, seconded the motion. (Ayes: Flores, Fernandez, Escobedo, Vinson; Nays: Munoz; Gonzalez abstained.)
Following the Consent Agenda, city council covered the (10) Action Items.
Discuss and take action to award a contract for construction services to Jimmy Closner and Sons Co., Inc. under Texas Department of Agriculture (TDA) CDBG Contract No. CDV21-0095 for the Base Bid of $337,606.00, Additive No. 2 of $124,920.00, and Additive No. 3 of $86,700.00 for a total award of $549,226.00 contingent upon TDA approval of Amendment No. 1. Of the total award, $219,000.00 will be paid by grant and match funds and $330,226.00 will be paid by the local entity.
Discuss and take action to award a contract for construction services for the “2020-2021 CDBG Sanitary Sewer Improvements” Project to Jimmy Closner and Sons Co., Inc., award includes Additive No. 1 in the amount of $84,187.00 and Additive No. 4 in the amount of $9,800.00 for a total award of $93,987.00 which will be paid by the local entity.

City Manager, Mark Milum, recommends for approval of these projects as they set the city up for the future the right way. The motion carried, 6-0.

Consideration and ACTION to appoint a member to the Planning & Zoning Commission Place 2.

Mayor Alejandro Flores made a motion to appoint Jacob Wasonga. Commissioner Fernandez, seconded. Commissioner Gonzalez, abstained. Motion carried.

2. Presentation and discussion on Little League and the use of fields.

Little League board members gave a presentation on the league’s 2023 season. The league’s board has made many field improvements and has put in many volunteer hours to make the fields look great and game-ready. Some of the improvements made include, new irrigation, new red clay, new infield skin (on the softball field, paid by city), the fields have been leveled off and flattened, seeded, and with new compost.

The board member explained that the fields take a lot of care, and it has been a great effort made by the Little League board and volunteers to maintain the fields and make these improvements. This group effort has helped grow the league from the 190 kids they had participating before Covid, to the 460 kids that participated this year in 2023. He also clarified that the fields are game fields and not to be used as practice fields; and not meant just for Little League kids. Practicing any sport on them, however, wears out the fields and trashes the hard work put into them. He further clarifies saying,
“With that said, it has never ever been in the League’s position or my opinion that those fields aren’t open. They should be opened. So, if your sons or daughters want to go play pick-up baseball or you want to go down there and throw baseballs with your kids— it’s a city park, it’s a public field. Go have fun! We want to see the fields be used for what they are intended for, and that’s not practice.” Practices can take place at other designated areas.

They also hope the improvements made in the softball field and partnering up with the Los Fresnos school district will help improve the number of girls participating in the league.
Next on the agenda- Action Item #5.

3. Consideration and ACTION on the selection of Mayor Pro-tem for a one-year term.

The Mayor Pro-Tem assumes the role of the Mayor in the absence of the Mayor. This person would run the Council meetings and perform the duties of the Mayor if needed. The Mayor Pro-Tem is voted on by the Council each year to serve a one-year term.

Luis Gonzalez is the current Mayor Pro-Tem.

Mayor Flores made a motion to nominate Commissioner Escobedo for Mayor Pro-Tem. Commissioner, Gabriela, seconded the motion. Motion carried, 6-0.

4. Discussion and possible ACTION to choose an individual for the 2023 Citizen of the Year Program.

Commissioner, Juan Munoz, made a motion to choose Mercedes Cantu for the 2023 Citizen of the Year program. Mayor Flores seconded the motion. Motion carried, 6-0.

5. Consideration and ACTION on the reappointment of Gene Daniels as Municipal Judge.

As stated in the agenda packet, the City Manager recommends for approval by saying, “The Municipal Judge’s term historically has run concurrent with the mayor for 3-year terms, and according to the City Charter is recommended by the City Manager. Gene was Alternate Municipal Judge in 1992 and became Municipal Judge in 1993, 30 years.

He has done a great job of being fair and impartial to all and has represented the City of Los Fresnos in a very professional and ethical way. His Court is viewed as among the best in the state. Mr. Daniels would like the appointment to be for a 4-year term. I do not have a problem with that since he has a tremendously good history as Municipal Judge over the years.”

Mayor Flores made a motion to reappoint him to the 4-year term. Commissioner Gonzalez, seconded. Motion carried, 6-0.

6. Consideration and ACTION submit nominees to serve on the RGV Partnership Board of Directors.

Mayor Flores made a motion to submit the form of nominees. Commissioner Gabriela, seconded the motion. Motion carried, 6-0

7. Consideration and ACTION to approve the first reading of am ordinance of the City of Los Fresnos, Cameron County, Texas amending Chapter 48, Zoning, Article II, District Regulations, Division 7, Additional Standards, Subdivision Iv, Signs, Sec. 48-275 Signs Permitted by Zone, Off-Premises Advertising and F. Changeable Electronic Variable Message Signs, and Repealing All Ordinances and Parts of Ordinances in conflict therewith.

According to City Manager, “the sign ordinance needs updating. Currently, it does not allow for billboard signs. This was set up years ago when the original town site existed from about the Catholic Church to the Lions Hall. There is no room for billboard signs in that area anyway. As the city limits have expanded to the east and especially to the west, there were existing billboard signs that are grandfathered and allowed to remain. The restriction of no billboard signs at all can be challenged as too restrictive. So, working with several billboard companies and looking at other ordinances around the state, we are proposing to update our ordinance and allow them with some restrictions. There will still be restrictions on the size. It has to be under about 20′ X 20′, a maximum of 385 square feet. They have to be 3,000 feet apart from each other. They can’t be located in the old part of town. The lot has to be a certain size so if it falls, it falls within the owner’s property. Lastly, they can only be located on the main state roadways, not residential streets.”

Additionally, Mr. Milum added, “our ordinance is restrictive on the new electronic display signs. This updates our ordinance to the industry standards which is reflective in the second red section. It can’t be in a residential neighborhood. It can’t change faster than 8 seconds. It must be available for emergency messages. Both of these changes will meet the current needs and standards that are generally acceptable.”

Motion was made by Commissioner Gonzalez, and seconded by Mayor Flores. Motion carried, 6-0.

8. Discussion on reported speeding on residential streets.

The City Manager went over with the council possible solutions to speeding on residential streets. He mentioned that after a two-week study conducted by the Police Department in these areas, only about 15% to 22% of cars sped in a one-hour window.

The vehicles that were speeding, overall were not driving substantially over the speed limit. He also challenged the council to stand outside their homes and calculate how fast cars are really going. Many times, people perceive cars as going faster than they really are.

Possible options discussed were: speed radar trackers, sending letters to neighborhoods, putting up more stop signs, reducing the speed limit to 20-25mph, installing digital radar sign that reads the vehicles speed and it’s attached to the speed limit sign, “Children at Play” signs, and speed humps/bumps.
The council agrees something has to be done, but they will need to weigh the consequences of each of the options discussed.

The meeting was adjourned at 8:01 PM. The next meeting is scheduled to be on Tuesday, January 9, 2023 at 6 PM.