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REGULAR MEETING
CITY COMMISSION
HARLINGEN, TEXAS
MARCH 17, 2004
A Regular Meeting of the Harlingen Elective Commission was held on Wednesday,
March 17, 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
C. Connie de la Garza
Frank Puente, Jr.
J. J. Gonzalez
Jay Meade
Chris Boswell
Rick Rodriguez
Staff Present:
Roy Rodriguez, P.E. City Manager
Brendan Hall City Attorney
Sylvia R. Trevino City Secretary
Mayor de la Garza called the meeting to order and stated that notice of the
meeting had been duly posted.
INVOCATION/PLEDGE OF ALLEGIANCE/WELCOME
Commissioner Boswell delivered the Invocation. The Pledge of Allegiance
followed. Mayor de la Garza welcomed all present to the meeting.
PRESENTATIONS: “Building Safety Week”
Mayor de la Garza presented a proclamation designating April 4 – 10, 2004 as
“Building Safety Week”.
CITIZEN COMMUNICATION
None
MINUTES FOR APPROVAL – Regular meeting of March 3, 2004
Mayor de la Garza noted a correction to Page 6 to correct “Mayor de la Garza” to
Mayor Pro Tem Puente since Mayor de la Garza was not present at that meeting.
Additionally, on Page 9, he asked that the question marks be removed from the
motion made regarding the ordinance calling the election.
Motion to approve minutes with noted corrections: Meade
Second: Puente
Motion carried unanimously.
CONSENT AGENDA:
A.
REQUEST APPROVED TO CLOSE JACKSON STREET BETWEEN 3RD AND 4TH STREETS ON
MARCH 15, 2004 FROM
5:30 P.M. TO 7:00 P.M. FOR A VIDEO TAPING OF THE DOWNTOWN DISTRICT
A. REQUEST APPROVED BY THE FIRST CHRISTIAN
CHURCH TO CLOSE ’76 DRIVE’ FROM
SUL ROSS TO
JEFFERSON STREET FROM 6:00 A.M. TO 8:00 A.M. ON EASTER SUNDAY,
APRIL 11, 2004 AND
THE SET UP OF 200 FOLDING CHAIRS FOR THE ATTENDEES AT THE
ANNUAL EASTER
SUNRISE SERVICE
Motion to approve consent agenda: Rodriguez
Second: Puente
Motion carried unanimously.
PUBLIC HEARING HELD TO CONSIDER AND TAKE ACTION TO APPROVE A REQUEST FROM
RIOFEST, INC. TO HOST A CARNIVAL FROM APRIL 15, 2004 THROUGH APRIL 18, 2004 AT
THE PARKING LOT AND LAND ADJACENT TO THE HARLINGEN MUNICIPAL AUDITORIUM COMPLEX
AND LON C. HILL PARK LOCATED ON FAIR PARK BOULEVARD WEST OF WICHITA STREET
BEARING A LEGAL DESCRIPTION OF PART OF BLOCKS 5, 8 AND 10, PAUL HILL FARMS
SUBDIVISION
Mayor de la Garza declared the public hearing open.
Ms. Michelle Leftwich, Director of Planning, explained that RioFest, Inc. is
requesting a permit to hold a carnival at the parking lot and land adjacent to
the Harlingen Municipal Auditorium Complex and Lon C. Hill Park located on Fair
Park Boulevard west of Wichita Avenue. The applicant has received approval from
the Parks Department to use the facilities on the requested date. The property
is of adequate size to accommodate the carnival and provide for off street
parking. The applicant has been notified of security and fencing requirements
and of prohibited prizes.
Staff recommended approval.
Motion to approve request for a carnival: Meade
Second: Boswell
Motion carried unanimously.
PUBLIC HEARING HELD TO HEAR COMMENTS FOR OR AGAINST AMENDING THE CURRENT
CARNIVAL/CIRCUS/RELIGIOUS ACTIVITY/TEMPORARY AMUSEMENT ORDINANCE BY REPEALING
SECTION 112 OF THE CITY OF HARLINGEN CODE OF ORDINANCES AND REPLACING IT WITH A
NEW SET OF REGULATIONS
Mayor de la Garza declared the public hearing open.
Ms. Leftwich stated currently carnivals, circuses, religious activities and
temporary amusements must all receive approval from the City Commission before
operating within City limits. There is a standardized set of rules for them to
follow and when those are met the activity has always received approval.
In an effort to reduce the City Commission’s workload, staff is proposing that
the ordinance be changed to allow these activities to be approved
administratively if no concerns are received in writing within ten days of the
mandatory notification of adjacent property owners. If written concerns are
received staff will still schedule the item for a public hearing at the next
Regular City Commission meeting.
Staff researched various cities throughout Texas to determine how other cities
handle such applications and overwhelmingly they are administratively approved.
Staff has also revised the in-house process to better ensure notification and
signoff by all critical departments including Fire Safety, Healthy, Public
Works, Police, Code Enforcement and Planning.
Section 112 is a compilation of several different ordinances that, adopted over
time, have become the entire section. Some of it is redundant and has some
conflicts so staff has addressed those issues. Also, some requirements have been
changed to give us a better idea about who is operating these events and how
they are addressing public safety concerns. For instance, we will be asking for
a copy of a state license giving the owner authorization to operate such event
and a specific plan to deal with traffic control and fire safety. We are placing
a provision specifically allowing more than one event to operate at one time
provided it will not overtax our police or fire services. We are standardizing
fees. All will be required a non-refundable $150 processing fee to cover the
cost of the newspaper ad and towing deposit will no longer be required as
records show it has not been used. Carnivals will still have a fee based on
number of rides and attractions, but all other events will have a fee of $250
for a period of two weeks or less. Liability insurance coverage requirements
have been updated. The time period during which amplified sound systems are
allowed within 1,000 feet of residential has been extended from 9 p.m. to 10
p.m.
Ms. Leftwich stated the draft ordinance has been reviewed by Legal, Finance,
City Secretary, Health, Fire, Police, Risk Management, Planning and Public Works
and their comments were incorporated into the final draft being presented
tonight. Staff recommended approval.
The caption of the ordinance was read.
AN ORDINANCE REPEALING SECTION 112 OF THE CITY OF HARLINGEN CODE
OF ORDINANCES IN ITS ENTIRETY, INCLUDING REGULATIONS REGARDING
TENT SHOWS, EXHIBITIONS, CARNIVALS, CIRCUSES, TEMPORARY
AMUSEMENT SHOWS, RELIGIOUS ACTIVITIES AND PERMANENT AMUSEMENT
PARKS WITHIN THE LIMITS OF THE CITY OF HARLINGEN AND
ESTABLISHING REGULATIONS GOVERNING NEW PROCEDURES FOR
APPLICATION, APPROVAL AND ADMINISTRATION OF SUCH EVENTS,
ESTABLISHING A PENALTY FOR VIOLATIONS OF SUCH REGULATIONS,
PROVIDING FOR PUBLICATION OF THE CAPTION OF THE THIS ORDINANCE
AND ORDAINING OTHER MATTERS PERTAINING TO THE FOREGOING
Motion to adopt ordinance on first reading: Gonzalez
Second: Boswell
Motion carried unanimously.
Mayor de la Garza asked if there was an appeal process in case of denial. Ms.
Leftwich replied yes. If there was a problem with a carnival request, it would
go directly to the City Commission.
LICENSE TO ENCROACH INTO CITY’S DRAINAGE EASEMENT AT 1426 NORTH 77 SUNSHINE
STRIP (SOUND ADVICE) APPROVED
Ms. Leftwich stated the owner of the business at this location (Mike Maley)
wishes to enlarge his current business with another building. The building is a
pre-engineered metal 24’ x 40’ structure and will encroach 7’ at the most
extreme point nearest the front property line and not at all nearest the
existing building. The Public Works and Engineering Departments have visited the
site and determined that the requested encroachment will not interfere with
their ability to service the drainage ditch at this location. The applicant has
been notified that the license will not be issued until the insurance rider
indicating the City as ‘other insured’ has been submitted. Utilities are in the
process of being spotted and approval by them will be required if any are found
in this easement as well.
Staff recommended approval contingent upon insurance rider receipt and approval
of utilities, if applicable.
Motion to grant license to encroach: Rodriguez
Second: Gonzalez
Motion carried by unanimous vote.
ORDINANCE ADOPTED ON FIRST READING TO AMEND THE 2003-04 FISCAL YEAR BUDGET
Roy Rodriguez, City Manager, stated the ordinance includes an increase in
expenditures of $63,070 and some actions that result in no increase or decrease.
The $63,070 increase is to fund the remaining commitments on the Hike & Bike
Trail that have to be charged to the General Fund since that portion of the bond
program was not approved. General Fund beginning fund balance was reduced FOR
the prior year expenditures on the Hike & Bike Trail and the new Police Station
that had to be removed from the 2002 Bond Fund. One of the actions that makes no
change to the budget are to change the GIS technician in the Planning and
Development Department from a full time position to a part time position and use
the funds saved by this action to contract the updating of the map to a
professional firm. The other actions shift some transfers and expenditures
between the General Fund and the Street Improvement Fund which result in no
increase or decrease in the total budget. Staff recommended approval.
The caption of the ordinance was read.
AN ORDINANCE AMENDING THE BUDGET FOR THE CITY OF HARLINGEN,
TEXAS FOR THE FISCAL YEAR OCTOBER 1, 2003 THROUGH SEPTEMBER 30,
2004. TOTAL BUDGET REVENUES WILL REMAIN $46,708,832 AND
EXPENDITURES WILL INCREASE TO 447,171,656; PROVIDING FOR
PUBLICATION AND ORDAINING OTHER MATTERS RELATED TO THE FOREGOING
Motion to adopt ordinance on first reading: Boswell
Second: Gonzalez
Motion carried unanimously.
ORDINANCE ADOPTED ON FIRST READING TO REPEAL ORDINANCE NO. 03-73 AMENDING THE
CITY OF HARLINGEN ZONING ORDINANCE AND ADOPTING CORRECTED ORDINANCE TO ISSUE A
SPECIFIC USE PERMIT TO RUDY QUILANTAN TO ALLOW A BAR/LOUNGE IN A ‘GENERAL RETAIL
(GR)’ CLASSIFICATION OF ZONING LOCATED AT 703 N. ED CAREY DRIVE, BEARING A LEGAL
DESCRIPTION OF LOT 1, BLOCK 1, CLYDE WALLACE SUBDIVISION, CONTINGENT UPON THE
PROVISION OF RESTRIPING THE PARKING LOT TO ACCOMMODATE FIFTY-FIVE (55) PARKING
SPACES
Michelle Leftwich stated the final staff recommendation on this item originally
heard at the September 17, 2003 City Commission meeting included a figure for
the number of required parking spaces. It was later found that this number was
erroneously based upon the maximum building occupancy set by the Chief Building
Official instead of the total number of seats installed. Therefore, it is
necessary to repeal the original ordinance and adopt this ordinance with a
revised parking space requirement.
Staff recommended approval.
The caption of the ordinance was read.
AN ORDINANCE REPEALING ORDINANCE NO. 03-73 WHICH AMENDED THE
ZONING ORDINANCE OF THE CITY OF HARLINGEN, AND ADOPTING THIS
CORRECTED ORDINANCE TO ISSUE A SPECIFIC USE PERMIT TO RUDY
QUILANTAN TO ALLOW A BAR/LOUNGE IN A ‘GENERAL RETAIL (GR)’
CLASSIFICATION OF ZONING LOCATED AT 703 N. ED CAREY DRIVE,
BEARING A LEGAL DESCRIPTION OF LOT 1, BLOCK 1, CLYDE WALLACE
SUBDIVISION, CONTINGENT UPON THE PROVISION OF RESTRIPING THE
PARKING LOT TO ACCOMMODATE FIFTY-FIVE (55) PARKING SPACES;
PROVIDING FOR PUBLICATION AND ORDAINING OTHER MATTERS
RELATED TO THE FOREGOING
Motion to adopt ordinance on first reading: Meade
Second: Gonzalez
Motion carried unanimously.
RESOLUTION TABLED APPOINTING ELECTION JUDGE AND ALTERNATE JUDGES FOR THE MAY
15, 2004 ELECTION
The City Secretary asked that this item be tabled in order to continue
contacting workers for the election. She indicated she will come back at the
next meeting with a final recommendation of names and will still meet the
required deadline for the appointment of election officials.
Motion to table the item: Meade
Second: Puente
Motion carried unanimously.
RESOLUTION APPROVED APPOINTING ELECTION OFFICIALS FOR THE CENTRAL COUNT
STATION FOR THE CITY’S GENERAL ELECTION OF MAY 15, 2004
The City Secretary stated that Section 32.005 of the Election Code states that
the governing body shall appoint the key officials for the Central Count Station
in the same manner as the judges and alternate judges are appointed for the
polling places. All persons have been notified and have agreed to serve as the
officials for the Central Count Station. Staff recommended approval of the
resolution.
Motion to approve resolution: Gonzalez
Second: Boswell
Motion carried unanimously.
DISCUSSION/REVIEW OF THE UPDATED SECTIONS OF THE PERSONNEL POLICY
Gloria Flores, Human Resources Director, stated the new sections for the
Commission’s review were Section 207, Performance Management; Section 216,
Discipline; and Section 227, Grievance. She stated the complete policy should be
ready by the next City Commission meeting.
CITY MANAGER AUTHORIZED TO ENTER INTO AN INTERLOCAL AGREEMENT WITH TEXAS A &
M UNIVERSITY – KINGSVILLE (TAMUK) FOR A ‘COMPOSTING FEASIBLITY STUDY AND
SUSTAINABILITY ASSESSMENT IN THE LOWER RIO GRANDE VALLEY”
Ruben Diaz, Director of Public Works, stated the City of Harlingen in
partnership with the cities of Mission and Edinburg, want to conduct a detailed
evaluation for the development and implementation of a regional composting
facility. Limited landfill space and high landfill tipping fees for disposal of
brush and biosolids are the driving forces behind this composting feasibility
study and sustainability assessment in the Lower Rio Grande Valley. TAMUK will
research, investigate and develop a group of engineering applications that could
provide a consistent integration between recovery and reuse of compost
materials.
Staff recommended the City Manager be authorized to enter into an interlocal
agreement with Texas A & M University-Kingsville.
Motion to authorize City Manager to enter into interlocal agreement: Rodriguez
Second: Boswell
Motion carried unanimously.
CITY MANAGER AUTHORIZED TO ENTER INTO CONTRACT WITH HDR ENGINEERING FOR
ENVIRONMENTAL AND ENGINEERING SERVICES FOR THE NORTHERN CAMERON COUNTY RAILROAD
RELOCATION PLAN
Ruben Diaz stated the engineering firm of HDR Engineering will be responsible
for providing an environmental assessment for the North Cameron County Railroad
Plan improvement project including but not limited to planning, funding options,
coordinating with Texas Department of Transportation, Union Pacific and County
environmental documentations and schematic development.
Mayor de la Garza noted for the record that there were three companies who bid
on this project.
Roy Rodriguez commented that HDR team consists of Raba-Kisner Consultants, Inc,
TEDSI Infrastructure Group, MGM Engineering Group; Surveying and Mapping, Inc.
HLB Decision Economics, Inc and Hinojosa Engineering, Inc. This is the first
step to a most important project that will occur with the railroad relocation.
Mr. Craig Stong, P.E., stated the HDR team is prepared to assist the City in
determination of potential funding sources. SAFETEA is currently under
consideration in Washington. SEC. 4661 of this bill, if passed and the amendment
retained, will provide capital grants for rail line relocation projects. HDR is
knowledgeable of the provision of this section and is ready to assist with the
required grant applications.
Commissioner Gonzalez asked about the time line. Mr. Stong replied it is
dependent on many factors and a lot of coordination with TxDOT, a route study
and public input. The next month will require coordination with staff to create
a schedule of steps to be taken.
Motion to approve contract with HDR Engineering: Boswell
Second: Rodriguez
Motion carried unanimously.
PROPERTY TAX REFUNDS APPROVED
The following refunds were presented for approval:
21-3382-0000-0790-00 Rodolfo
Cisneros
$ 1,187.59
22-2500-0000-0110-00 Diana &
Ruben Portillo, Jr.
1,683.74
20-0980-0020-0050-00 Dana
Armand Soultaire, ET UX
712.11
19-4230-0000-0660-00 Miryam &
Robert Adame, Jr.
1,764.50
18-4068-0000-0310-00 Amber &
Christopher Sanchez
2,143.30
16-5770-0050-0010-00 Felix D.
Sandoval ET UX
915.72
16-4790-0010-0130-00 Eliseo &
Deborah Buitron
1,634.06
98-5201-0020-0070-00 Luis A.
Garcia
1,398.85
15-2510-0090-0131-00 Lloyd
Stephen & Paula Parker
1,126.11
24-6340-0040-0110-00 Bryant &
Maria Williams
2,060.38
22-3010-0040-0210-00 Hipolito
Cabrera, Jr. ET UX
982.27
15-2240-0030-0050-00 Kenneth
G. Reininger
2,453.34
21-3382-0000-0600-00 Belinda
Garza
1,324.96
00-0100-0054-2423-94 Credit
Used Cars Brownsville
618.57
00-0100-0100-6501-98 Barbee
Neuhause Implement
622.80
Total $ 20,628.30
Motion to approve refunds as presented: Gonzalez
Second Puente
Motion carried unanimously.
BOARD APPOINTMENTS
Commissioner Boswell stated that Ann Shepard, who he appointed to the Utility
Trustees Board at the last Commission meeting, would be unable to serve.
Therefore, he was withdrawing that appointment.
Mayor de la Garza appointed Brian Duffy to the Valley International Airport
Board.
Commissioner Boswell made a motion to withdraw his appointment of Ann Shepard
and approve the appointment of Brian Duffey to the Airport Board. Commissioner
Puente
seconded the motion and it carried unanimously.
There being no further reports, the meeting adjourned at 6:05 p.m.
_____________________
Connie de la Garza, Mayor
Attest:
__________________________
Sylvia R. Trevino, City Secretary |