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REGULAR MEETING CITY COMMISSION HARLINGEN, TEXAS JANUARY 21, 2004 A regular meeting of the Harlingen Elective Commission was held on Wednesday, January 21, 2004 at 5:30 p.m. in Town Hall, City Hall, 118 E. Tyler Street, Harlingen, Texas. Those in attendance were: Mayor and City Commission Staff Present:
Mayor de la Garza called the meeting to order and stated that the meeting had been duly posted according to law. INVOCATION/PLEDGE OF ALLEGIANCE/WELCOME Dr. John Teer delivered the invocation and the Pledge of Allegiance followed. PRESENTATIONS: Free Trade Bridge Reports Pete Sepulveda reported bridge crossings at the Free Trade Bridge at Los Indios totaled 186,473 for the first quarter of the fiscal year 2004. Crossings for the months of October, November and December FY 2004 showed an increase of 2,886 or 2% over the same months in FY 2003. Revenues at the Free Trade Bridge totaled $487,874.13 for the first quarter of the fiscal year 2004. Revenues for the months of October, November and December FY 2004 showed an increase of $34,750.73 or 8% over the same months in FY 2003. Crossings for this quarter totaled 186,473 representing a 2% increase over the same time period last fiscal year. Revenues for this quarter are up by 8% compared to the first quarter of last fiscal year. Transmigrante traffic during the month of December was extremely high compared to previous years. Mr. Sepulveda pointed out that the crossings were 46,000 over last quarter, better than budgeted. He stated the FTB was the only bridge that had a positive increase in overall crossings. He also commented that the FTB had a waiting time of about 40 minutes during the holidays compared to the other bridges that had 1- 1-½ hours waiting time. CITIZEN COMMUNICATION Charlie Zeissel, 1514 E. Austin, asked that the Commission consider providing each family on Austin Street their own garbage container rather than having to share one large one. This has caused a big problem in that not everyone is responsible for their strewn garbage when the containers are full. Mr. Zeissel stated he had spoken to Mr. Diaz, Director of Public Works, prior to the holidays and Mr. Diaz indicated to him he was looking at options, however, Mr. Zeissel was present to voice his concerns to the Commission. Mayor de la Garza assured him the City Manager would be in contact with him. ORDINANCE ADOPTED ON FIRST AND FINAL READING AUTHORIZING THE ISSUANCE OF CITY OF HARLINGEN GENERAL OBLIGATION BONDS IN THE AMOUNT OF $4,360,000 FOR THE PURPOSE OF PROVIDING $2,140,000 FOR STREET IMPROVEMENTS; $1,675,000 FOR DRAINAGE IMPROVEMENTS AND $545,000 FOR FIRE DEPARTMENT IMPROVEMENTS Ann Entrekin with First Southwest explained this is the first issuance of bonds for the $21,850,000 capital improvements program approved by the voters on September 13, 2003. The issue contains $4,360,000 in bonds to be allocated as: $2,140,00 for acquiring, constructing and improving City streets, including drainage and sidewalk improvements and the relocation of a railroad right-of way, $1,675,000 for constructing and improving City drainage improvements and $545,000 for constructing and improving a fire station together with Fire Department equipment. Ms. Entrekin distributed copies of the Transaction Summary and made reference to several of the tabs in the booklet. She explained the ‘bond buyers’ index of 20 municipal bonds that showed interest rates in October, 1987 of 9.17%; a low interest rate on June, 2003 of 4.21% and the current rate of 4.52% in January, 2003. Referring to Tab 2, she stated site visits by the rating companies provided by positive feedback from them and reinforced the current rating of A2 by Moody ’s and A+ by Standard and Poors. Ms. Entrekin stated that both companies were very complimentary of the City’s financial structure and standing leading them to confirm the same ratings as before. The City ’s debt levels are modest compared to other communities and consistently maintains a strong financial position.Regarding the insurance premiums, Ms. Entrekin stated the bid went to AMBAC who bid 29.4 basis points at $19,050. Although, XL offered the lowest bid in the amount of $12,311, they are relatively new to the market. Overall, when making the comparisons of debt service throughout the life of the bonds, AMBAC was the better bid. Ms. Entrekin continued to explain the current interest rates (market). Summarily, because of the low interest rate today of 4.025%, the City will be able to sell more bonds. Bottom line, 4.025% interest will provide the City with $4,360,000 compared to $4,225,000. She indicated the underwriters for the bonds would be Estrada-Hinojosa and Wells Fargo. She complimented the staff and elected officials for all of the cooperation given with regards to the sale of these bonds. The caption of the ordinance was read.
Motion to approve ordinance on first and final readings:
Puente MINUTES FOR APPROVAL – REGULAR MEETING OF DECEMBER 17, 2003 AND SPECIAL MEETING OF JANUARY 12, 2004Motion to approve minutes (both sets) as presented: Rodriguez CONSENT AGENDA:
Motion to approve consent agenda: Gonzalez PUBLIC HEARING TO HEAR COMMENTS FOR OR AGAINST AMENDING ORDINANCE NO. 97-35, SECTION 8.02 (2) (i) PARKING REQUIREMENTS FOR NURSING HOMES, SANITARIUMS AND CHILDREN ’S HOMESMayor de la Garza declared the public hearing open. Michelle R. Leftwich, Director of Planning, stated it was recently brought to her attention that the City ’s standard of two parking spaces for each bed in the above mentioned facilities is quite high as they are relatively low traffic facilities. These three are grouped in with a general hospital for which that parking requirement is reasonable due to the high traffic volumes. After doing research of numerous cities, the most commonparking requirement for nursing homes is one for each six beds. That is the change staff proposed for nursing homes, sanitariums and children’s homes while leaving hospitals at a requirement of two spaces per bed.Staff recommended approval. There being no comments from the public, Mayor de la Garza declared the public hearing open. ORDINANCE ADOPTED ON FIRST READING ON THE ABOVE AMENDMENT The caption of the ordinance was read. – HOSPITALS, NURSING HOMES, SANITARIUMS, CHILDREN’S HOMES, TO REDUCE THE PARKING REQUIREMENTS FOR NURSING HOMES, SANITARIUMS AND CHILDREN’S HOMES TO ONE (1)SPACE FOR EACH SIX BEDS; PROVIDING FOR PUBLICATION AND ORDAINING OTHER MATTERS RELATED TO THE FOREGOING Motion to adopt ordinance on first reading: Gonzalez APPEAL TO OVERTURN THE DECISION OF THE PLANNING AND ZONING COMMISSION (P&Z) REQUIRING AN ADDITIONAL ENTRANCE TO THE SUBDIVISION ON FINAL APPROVAL OF ‘PLAZA ESTATES SOUTH SUBDIVISION – PHASE 1’ REQUIRING AN ADDITIONAL ENTRANCE TO THE SUBDIVISIONMs. Leftwich explained the P & Z approved a preliminary plat for all phases of Plaza Estates South Subdivision on October 8, 2003. In November, the engineer submitted Phase I for final plat approved with no changes from the original preliminary plat. At that time, the P & Z requested there be a second entrance to the subdivision to allow for better traffic circulation. The engineer for the plat was not present to discuss the item and it was approved by the P & Z with that condition. The engineer subsequently requested to place the item on the agenda again in December as it was not completely clear to them or staff whether the additional entrance was intended to be temporary or permanent. On December 10, 2003 the P & Z clarified the condition to be a permanent addition to the requirements of the subdivision based on Subdivision Ordinance Section 4.1.3, which gives the P & Z and city staff some discretion to allow for advantageous future development of the entire area. On January 14, 2004, staff took the item back to P & Z to correct a procedural error which requires that a plat either be approved or denied, not approved with conditions. The plat was denied at that meeting. The owner of the land being subdivided is now requesting an appeal to the P & Z ’s denial and is requesting that the final plat be approved by the City Commission as originally submitted a preliminarily approved by the P & Z on October 8, 2003.Staff recommended approval of the final plat as originally submitted in October. Motion to approve staff recommendation: Rodriguez REQUEST FROM THE EXOTIC ENDANGERED CATS OF THE WORLD SHOW TO ALLOW A SHOW TO BE HELD ON FEBRUARY 20, 2004 THROUGH FEBRUARY 29, 2004 AT THE SUN VALLEY MALL LOCATED AT 801 NORTH 13TH STREET, BEARING A LEGAL DESCRIPTION OF SUN VALLEY SHOPPING CENTER SUBDIVISION UNIT NO. 1 AND 2 APPROVED Ms. Leftwich stated the Exotic Endangered Cats of the World Show is requesting a permit to hold a show on the southeast parking of the Sun Valley Mall located at 801 North 13th Street. The property is of adequate size to accommodate the circus and provide for off-street parking. Issues of restrooms facilities, insurance and prohibited prizes have been addressed with the applicant. Staff recommended approval. FUNDING FOR THE ARROYO HIKE AND BIKE TRAIL PHASE III DELAYED Roy Rodriguez stated the Arroyo Hike & Bike Trail Phase II and III were part of the bond issue presented to the citizens on September 13, 2003. The trail was included in the proposition for park improvements. The City Commission approved a resolution in 2002 authorizing the expenditure of certain funds in anticipation of the bond election. Those funds included expenditures for the Hike and Bike Trail as well as transportation improvements such as the extension of Sam Houston Street. A total of $126,140.74 has been paid or encumbered for work on the Trail to date. Most of the expenses were for legal and engineering costs. Mr. Rodriguez stated the City must now decide whether to move forward with the project. Since the proposition failed we must identify and approve a method of funding for the project if we are to move forward. The total estimated local cost for the project is the $126,140.74 mentioned above plus an estimated $169,399 as a match for design and construction. Therefore, the total commitment by the City is estimated at $295,539.74. Mr. Rodriguez stated that as much as staff supports this project and believes it is much needed in the community, he cannot recommend the expenditure of $295,539.74 from reserves. He recommended putting the project on hold with the understanding the City would be foregoing a grant from TxDOT for approximately $650,000. Motion to accept staff ’s recommendation: RodriguezSecond: Puente Motion carried unanimously. DEVELOPMENT CORPORATION FUNDING AGREEMENT WITH CITY PRODUCE, INC. APPROVED Roy Rodriguez explained the Development Corporation at their meeting of December 16 considered this agreement. Several changes to the agreement were discussed at the time, mostly wording in some of the provisions. The agreement incorporates all changes as approved by the Development Corporation. The agreement provides funding to City Produce, Inc. in the amount of $100,000 for a minimum period of five years to establish its warehouse facility and distribution operations in Harlingen on North Brazil Road. Staff recommended approval. Motion to approve agreement: Boswell DEVELOPMENT CORPORATION FUNDING AGREEMENT WITH PENSKE LOGISTICS, LLC APPROVED Roy Rodriguez explained the Development Corporation at their meeting of December 18 approved this agreement. The agreement provides Penske with $200,000 to establish a new 155,000 sq. ft. logistics and distribution facility, a 42,350 sq. ft. warehouse and 1,200 sq. ft. office expansion at their current facility located at the Free Trade Commerce Center near the City of Los Indios. Penske, in turn, will increase the number of trucks crossings and establish 30 new full time positions and maintain continuously a minimum of 287 full time positions throughout the five-year contract. Staff recommended approval. Motion to approve agreement: Gonzalez UPDATED SECTIONS OF THE PERSONNEL POLICY APPROVED Gloria Flores, Human Resources Director, stated the last revision of the entire policy was done in 1995. After an extensive process, few updated sections of the policy will be presented to the Commission starting with this meeting. It is staff ’s intention to complete the presentation and have final approved by the last meeting in February. Some sections needed little or no change, while others needed a complete revamping.Ms. Flores stated that the first form included in the policy is an acknowledgment to be completed by each employee as he/she receives a revised copy of the policy. The second form contains language stating that employees understand that this manual does not constitute a contract and that they are employees at will. The sections presented by Ms. Flores were Section 200 – introduction; Section 201 – Definitions; Section 202 – Vacant Positions; Section 203 – Introductory Period; Section 204 – Outside Employment; Section 208 – Tuition Reimbursement; Section 209 - Computer Policy; Section 211 – Dress Code; Section 213 – Employee Assistance Program and Section 215 – Reinstatement.Ms. Flores stated that once all sections have been presented to the Commission, she would follow with an action item to approve the revised policy. RESOLUTION APPROVED AUTHORIZING THE CITY MANAGER TO ENTER INTO AN ADVANCE FUNDING AGREEMENT (AFA) WITH THE TEXAS DEPARTMENT OF TRANSPORTATION (TxDOT) FOR THE WIDENING OF U. S. 83 EXPRESSWAY TO SIX (6) LANES FROM RABB ROAD TO LEWIS LANE David Dera, City Engineer, explained the Texas Transportation Commission authorized the State to undertake and complete the construction of the widening of U. S. 83 Expressway to six (6) lanes and frontage roads from West of Rabb Road to Lewis Lane. Under the AFA agreement the City agrees to fund the total cost for the right-of-way acquisition of six (6) parcels of land on Lewis Lane and also the cost to adjust utilities that encroach in the acquired right-of-way. TxDOT will be responsible for all other costs including engineering and construction of the project. Mr. Dera explained funding for this project is from the 1999 Certificates of Obligation. The cost for right-of-way acquisition and utilities adjustment is $25,000. Staff recommended approval of the resolution. Motion to approve resolution: Rodriguez REFUND OF PROPERTY TAXES APPROVED Ken Mitchell stated the following refunds were due to overpayments: 24-3700-0010-0060-00 Michael de la Rosa $ 815.19 18-4783-0050-0172-00 Jennifer L. Winton $ 778.66 Motion to approve refunds: Meade FOUR (4) COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING REHABILITATION DEFERRED LOANS AND/OR GRANTS APPROVED Tammy DeGannes explained deferred loans and grants are available for the elderly and/or disabled at a maximum of $15,000. Deferred loans for the elderly are forgiven at a rate of 1/5th per year. In accordance with federal regulations, structures built prior to 1978 must be tested for lead based paint. Testing revealed lead in three homes, therefore, Lead Base Paint Hazard Reductions will be administered by the contractor. Costs associated with lead base paint reduction are covered by a grant and are not included in the rehabilitation loan and/or grant amount. The following deferred loans/grant were presented for approval: Lucila Keener (elderly) Irene Elizondo (elderly) 805 Pittman $ 15,390.00 (contractor: Rusty Lopez) Ignacio Martinez (elderly) Elias Mares (elderly) Motion to approve deferred loans/grants as presented: Boswell BIDS REJECTED FOR THE CONSTRUCTION OF A NEW OFFICE BUILDING TO BE PLACED NEAR THE LOS INDIOS BRIDGE UNDER BID NI. 2004-04 Dan Serna, Director of Public Buildings, stated in December 2003, staff advertised an RFP to solicit bids from prospective contractors to construct a new 32’ x 32’ office building to replace the existing office trailer owned by the City of Harlingen at the Los Indios Bridge. The office space was to be used to facilitate and promote the use of the Los Indios Bridge by transmigrantes crossing the border. Two bids were received and opened on December 29, 2003. Both bids were substantially over the projected amount for this project. Staff recommended that both bids be rejected and other options explored to address the condition of the office trailer at the Los Indios Bridge. Mayor de la Garza asked if this was not budgeted, why go out for bids? Roy Rodriguez replied he would propose to take the funds from the Free Trade Bridge account and lease the spaces at $175-$200/month to recover the cost. Commissioner Meade suggested City staff consider disposal methods of the existing building before bidding the project again being that the disposal of the existing building is the reason for the high bids. Staff was asked to explore all options. Motion to approve staff recommendation: Gonzalez BID ACCEPTED AND CONTRACT AWARDED FOR THE SALE OF THE OLD A. B. CHAPA FIRE STATION (YOUTH SERVICES BUILDING) LOCATED AT 1201 W. VAN BUREN Dan Serna explained in December 2003 staff advertised an RFP to solicit bids for the sale of the old A. B. Chapa Fire Station located at 1201 W. Van Buren bearing a legal description of Lots 2 and 3, Blk. E of Carl-Eells Subdivision. Two bids were received and opened on January 12, 2004. Staff recommended accepting the bid and awarding the contract to Lonnie Davis in the amount of $93,471.00. Motion to accept bid and award contract: Gonzalez REPORTS: a. Texas Visionaries Program Ms. Leftwich that as part of the Tourism Task Force led by the Chamber of Commerce, a subcommittee was formed briefly to investigate the area of historic and cultural assets. As co-chair of that committee, she brought together various leaders of local museums and historical leaders in the town to discuss what role we believe those assets are and what role they should play in the future of Harlingen in the context of tourism. Ms. Leftwich stated that historic preservation could be a part of Harlingen ’s economic future. The Texas Historical Commission cites statistics that support the idea that historic preservation creates new jobs, provides affordable quality housing, increases economic development and revitalizes business districts.The next step will be a community meeting that will be held on February 3, 2004 at 10:00 at the Lon C. Hill Conference Room. All known parties will be contacted who have an interest in historic preservation. The application will be completed and if the City were selected then it would be eligible for staff assistance from the Texas Workforce Commission for preparation of a plan that could help develop tools to find funding, survey historic resources, National Register nominations, local preservation ordinances and landmark commission training (if desired). Other Reports: Mayor de la Garza informed the Commission of the TSTC dedication of the new learning resource center and dinner honoring Dr. Gilbert Leal on Thursday, January 22, 2004. He reported that he had an opportunity to attend a reception in San Antonio with State Transportation officials and that Johnny Johnson would be hosted at a Good Neighbors Luncheon on January 27, 2004 at 12:30 a.m. in Weslaco. BOARD APPOINTMENTS Commissioner Gonzalez appointed Noe Stillman to the Tennis Advisory Board to replace Betty Munguia who resigned. Commissioner Rodriguez appointed Jim Springfield to the Development Corporation Board of Directors to replace Hector Casas who resigned. Motion to approve appointments: Puente Commissioner Gonzalez made a motion to go into Executive Session under Government Code Section 551.072: real property to deliberate the purchase, exchange or value of real estate for proposed Fire Station No. 4. Commissioner Puente seconded the motion and it carried unanimously. EXECUTIVE SESSION UNDER GOVERNMENT CODE SECTION 551.072: REAL PROPERTY TO DELIBERATE THE PURCHASE, EXCHANGE OR VALUE OF REAL ESTATE FOR PROPOSED FIRE STATION NO. 4 The Executive Session convened at 6:35 p.m. and concluded at 6:45 p.m. with no action taken. Commissioner Gonzalez made a motion to go into Executive Session under Government Code Section 551.074: Personnel, to deliberate the appointment of an Interim City Manager and to deliberate regarding employment, evaluation and selection of a new City Manager. Commissioner Meade seconded the motion and it carried unanimously. EXECUTIVE SESSION UNDER GOVERNMENT CODE SECTION 551.074: PERSONNEL, TO DELIBERATE THE APPOINTMENT OF AN INTERIM CITY MANAGER AND TO DELIBERATE REGARDING EMPLOYMENT, EVALUATION AND SELECTION OF A NEW CITY MANAGER The Executive Session convened at 6:45 p.m.and concluded at 7:07 p.m. with no action taken. APPOINTMENT OF INTERIM CITY MANAGER - NO ACTION TAKEN SELECTION PROCESS FOR A NEW CITY MANAGER – NO ACTION TAKENThere being no further business, the meeting adjourned at 7:07 p.m.
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