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REGULAR MEETING
CITY COMMISSION
HARLINGEN, TEXAS
April 7, 2004
A Regular Meeting of the Harlingen Elective Commission was held on Wednesday,
April 07, 2004 at 5:30 p.m. in Town 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
Absent:
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
Reverend Jennifer Bordenet delivered the Invocation. The Pledge of Allegiance
followed. Mayor de la Garza welcomed all present to the meeting.
PRESENTATIONS:
“National Community Development Week” Proclamation - presented to
Larry Galbreath, Chairman of the Community Development Advisory Board.
“Fair Housing Month” Proclamation – presented to Fred Huerta,
Executive Director of the Harlingen Community Development Corporation.
“Texas Commission on the Arts Display at RioFest”
Deborah Dobbins, TCA Director of Arts Education Services, presented the City
with several pieces of art that will be viewed at the RioFest Art Preview Party
on April 15. Of notable mention was the piece titled “Victory” by Maria del
Rosario Diaz. The TCA invited students from throughout the state to participate
in their arts education initiative by providing artwork designed to advance the
ideas of civic participation, shared culture, the democratic process and the
responsibility to renew our potential as a country at the community level. 23
students were selected representing 20 cities throughout the state and Maria del
Rosario Diaz, from Harlingen, was one of those students. All prints, including
hers, will be displayed at various schools within the district and at the City
Library.
MINUTES FOR APPROVAL- Regular meeting of March 17, 2004 and Special City
Commission Meeting of March 22, 2004.
Mayor de la Garza noted a correction to Pages 4 and 9 of the minutes of the
Regular Meeting of March 17.
Motion to approve both sets of minutes with noted corrections to March 17
minutes: Puente
Second: Meade
Motion carried unanimously.
CONSENT AGENDA:
A. ORDINANCE ADOPTED ON FINAL READING
AMENDING THE CITY’S BUDGET FOR FISCAL
YEAR 2003-04
B. ORDINANCE ADOPTED ON FINAL READING
REPEALING ORDINANCE NO. 03-73 WHICH
AMENDED THE
CITY OF HARLINGEN ZONING ORDINANCE AND ADOPTING A 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
C. REQUEST FROM RIOFEST, INC. APPROVED TO CLOSE
THE FOLLOWING STREETS
FOR
RIOFEST 2004:
1.) FAIR PARK BOULEVARD BETWEEN “J”
STREET AND “L” STREET
2.) WASHINGTON STREET BETWEEN “K” STREET AND
“L” STREET
3.) “L” STREET EXTENSION FROM “L” STREET
THROUGH THE PARK TO FAIR PARK
BOULEVARD
4.) “L” STREET FROM THE OLD TYSON
PARKING LOT TO FAIR PARK BOULEVARD ON TO THE
PARK
MAINTENANCE SHOP WITH GATE ACROSS ROAD AT THE PARKING LOT TO REAR OF
THE
MUNICIPAL AUDITORIUM
Motion to approve consent agenda: Boswell
Second: Puente
Motion carried unanimously.
RESOLUTION APPROVED AMENDING OR MODIFYING THE FUNDING PROCEDURES AND OTHER
TERMS OF DEVELOPMENT CORPORATION OF HARLINGEN, INC. RESOLUTION NO. 98R-1,
ADOPTED ON JUNE 2, 1998, PROVIDING FOR PAYMENTS TO THE LRGV ACADEMIC HEALTH
CENTER FOUNDATION, INC. FOR THE PURPOSE OF PROVIDING FINANCIAL INCENTIVES AND
SUPPORT FOR AN ECONOMIC DEVELOPMENT PROJECT KNOWN AS THE REGIONAL ACADEMIC
HEALTH CENTER, APPROVED AND UNDERTAKEN PRIOR TO THE EFFECTIVE DATE OF HOUSE BILL
2912 ENACTED BY THE 78TH TEXAS LEGISLATURE
Randy Whittington explained that this resolution was passed by the Development
Corporation in order to amend its June 1998 Resolution which committed
$3,500,000 in annual grants of $500,000 each to a non-profit foundation for
support of the RAHC Project. This became necessary because the Foundation
subsequently ceased to exist and the University of Texas Board of Regents never
accepted the annual funding mechanism established by the 1998 Resolution. This
Resolution modifies and amends the 1998 Resolution to make the original seven
(7) annual $500,000 grants
available to support the RAHC during the next seven (7) fiscal years. The City
Commission must approve all Development Corporation expenditures.
The Development Corporation’s Board of Directors passed this resolution
unanimously.
Motion to approve resolution on first reading: Boswell
Second: Meade
Motion carried unanimously.
ORDINANCE ADOPTED ON FINAL READING 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
Michelle Leftwich explained that there were several minor corrections that were
made to the ordinance since the first reading. She stated that on Page 3, the
Planning Department would administratively approve the application unless
written objections are received in the office of the Planning Department within
10 days of the date of the notice.
On Page 6, no portion of such event shall be set up, located, and/or operated
within 300 feet of any private residential structure located in a residentially
zoned district (R-1, R-2, M-1, M-2, MH) as defined in this ordinance.
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 WITH 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 THIS ORDINANCE AND ORDAINING OTHER MATTERS PERTAINING TO
THE FOREGOING.
Motion to adopt ordinance on first reading: Boswell
Second: Puente
Motion carried unanimously.
BIDS REJECTED FOR THE CONSTRUCTION OF THE HARLINGEN BIRDING CENTER UNDER BID
NO. 2004-10
Tom Wilson, Director of Public Services, explained that bids were opened Friday,
April 2, 2004 for construction of the Harlingen Birding Center. The bid includes
construction of eco-tourism facilities and trails at Ramsey Nature Park and at
the Thicket Bird Sanctuary. Zimmerman Construction of Burnet, Texas, submitted
the low bid of $2,708,265.45.
The staff recommended to reject all bids, analyze costs and options to reduce
costs, report results of analysis to City Commission, and re-bid the project.
Motion to accept staff recommendation: Meade
Second: Puente
Motion carried unanimously.
PUBLIC HEARING HELD TO HEAR COMMENTS FOR OR AGAINST THE REZONING FROM ‘NOT
DESIGNATED (N)’ CLASSIFICATION OF ZONING TO ‘MOBILE HOME (MH)’ CLASSIFICATION OF
ZONING FOR LOTS 3-6, 9-16, 21-24 AND 27-81; AND REZONING FROM ‘LIGHT INDUSTRY
(L1)’ CLASSIFICATION OF ZONING TO ‘MOBILE HOME (MH)’ CLASSIFICATION OF ZONING
FOR LOTS 25 AND 26, LAKE SHORE ESTATES SUBDIVISION LOCATED AT 2601 W. WILSON
ROAD
Mayor de la Garza declared the public hearing open.
Michelle Leftwich, Director of Planning, explained that the Planning and
Development Department is undertaking a city-initiated rezoning of the
above-described property. The property is located west of Expressway 77 along
Wilson Road. The adjacent zoning is “Light Industry (L1)” to the north and
northeast. The area to the south is “mobile home (MH)” and “general retail (GR)”
districts. The area to the east and west is zoned “not designated (N)” district.
Staff asked for informal comments from the affected property owners regarding
the proposed rezoning at the P & Z Board meeting of February 11, 2004. In
addition, property owners within a 200 ft. radius of the subject properties were
sent a notice of the request. There have been no objections to the request.
The request conforms to the future land use for the general area as indicated in
the City of Harlingen’s Vision 2020 comprehensive plan.
Staff recommended approval, as did the Planning and Zoning Commission
There being no further comments, Mayor de la Garza declared the public hearing
closed.
ORDINANCE ADOPTED ON FIRST READING TO REZONE FROM ‘NOT DESIGNATED (N)”
CLASSIFICATION OF ZONING TO “MOBILE HOME (MH)” CLASSIFICATION OF ZONING FOR LOTS
3-6, 9-16, 21-24 AND 27-81; AND REZONING FROM ‘LIGHT INDUSTRY (L1)’
CLASSIFICATION OF ZONING TO ‘MOBILE HOME (MH)’ CLASSIFICATION OF ZONING FOR LOTS
25 AND 26, LAKE SHORE ESTATES SUBDIVISION LOCATED AT 2601 W. WILSON ROAD
The caption on first reading was read.
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF HARLINGEN:
REZONING FROM “NOT DESIGNATED (N)” CLASSIFICATION OF ZONING TO
“RESIDENTIAL, MOBILE HOME (MH)” CLASSIFICATION OF ZONING FOR LOTS 3-6,
9-16, 21-24 AND 27-81; AND REZONING FROM ‘LIGHT INDUSTRY (L1)’
CLASSIFICATION OF ZONING TO ‘MOBILE HOME (MH)’ CLASSIFICATION OF ZONING
FOR LOTS 25 AND 26, LAKE SHORE ESTATES SUBDIVISION LOCATED AT 2601 W.
WILSON ROAD; PROVIDING FOR PUBLICATION AND ORDAINING OTHER MATTERS
RELATED TO THE FOREGOING
Motion to adopt ordinance on first reading: Puente
Second: Boswell
Motion carried unanimously.
PUBLIC HEARING TO HEAR COMMENTS FOR OR AGAINST REZONING THE SOUTH 5.58 ACRES
OUT OF THE EAST 10 ACRES OUT OF BLOCK 55, HARLINGEN LAND AND WATER COMPANY
SUBDIVISION LOCATED ON THE SOUTH SIDE OF EAST TYLER AVENUE BETWEEN 21ST AND 25TH
STREETS FROM ‘RESIDENTIAL MULTI-FAMILY (M-2)’ CLASSIFICATION OF ZONING TO
‘GENERAL RETAIL (GR)’ CLASSIFICATION OF ZONING
Mayor de la Garza declared the public hearing open.
Michelle Leftwich, Director of Planning and Development, explained that the
property is located 258 ft. south of E. Tyler Avenue (FM 106) between 21st and
25th Street. The dimensions of the tract are 335 ft. by 726 ft. and it is
vacant. It is part of a larger tract that has frontage on E. Tyler Avenue that
is listed for sale. The adjacent zoning is “general retail (GR)” to the north
and west and “not designated (N)” to the east and south. The former “Antonio’s”
Restaurant is located across East Tyler Avenue to the north.
The tract was zoned “residential, multifamily (M-2)” district during citywide
comprehensive zoning in 1974; however, the use did not develop. There have been
no rezoning requests on the property since that time. The 30-acre tract adjacent
to the west was zoned “general retail (GR)” district in November 1974 during
citywide comprehensive zoning.
The applicant wishes to purchase this tract and the adjacent tract to the north
and subdivide the property to allow a commercial use. A subdivision plat has not
yet been submitted to the city for review.
The request conforms to the future land use indicated for the general area in
Harlingen’s Vision 2020 comprehensive plan. It is consistent with the
surrounding zoning pattern.
Staff recommended approval, as did the Planning and Zoning Commission.
ORDINANCE ADOPTED ON FIRST READING TO REZONE THE SOUTH 5.58 ACRES OUT OF THE
EAST 10 ACRES OUT OF BLOCK 55, HARLINGEN LAND AND WATER COMPANY SUBDIVISION
LOCATED ON THE SOUTH SIDE OF EAST TYLER AVENUE BETWEEN 21ST AND 25TH STREETS
FROM “RESIDENTIAL, MULTIFAMILY (M-2)” CLASSIFICATION OF ZONING TO “GENERAL
RETAIL (GR)” CLASSIFICATION OF ZONING.
The caption of the ordinance was read.
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF HARLINGEN:
REZONING THE SOUTH 5.58 ACRES OUT OF BLOCK, 55, HARLINGEN LAND AND WATER
COMPANY SUBDIVISION LOCATED ON THE SOUTH SIDE OF EAST TYLER AVENUE
BETWEEN 21ST AND 25TH STREETS, FROM “RESIDENTIAL, MULTI-FAMILY (M-2)”
CLASSIFICATION OF ZONING TO “GENERAL RETAIL (GR)” CLASSIFICATION OF
ZONING; PROVIDING FOR PUBLICATION AND ORDAINING OTHER MATTERS RELATED TO
THE FOREGOING
Motion to adopt ordinance on first reading: Boswell
Second: Puente
Motion carried unanimously.
PUBLIC HEARING HELD TO HEAR COMMENTS FOR OR AGAINST REZONING 5.609 ACRES OUT
OF BLOCK 54, DAVID & STEPHENSON SUBDIVISION LOCATED ON THE NORTHWEST CORNER OF
LOOP 499 AND BRIGGS COLEMAN ROAD, FROM ‘NOT DESIGNATED (N)’ CLASSIFICATION OF
ZONING TO ‘GENERAL RETAIL (GR)’ CLASSIFICATION OF ZONING
Mayor de la Garza declared the public hearing open.
Michelle Leftwich explained that the property is located on the northwest corner
of Loop 499 and Briggs Coleman Road. It has 1,307 ft. of frontage on Loop 499
and a depth of 180 feet. It has most recently been in agricultural production.
The surrounding zoning is “not designated (N)” to the north, east and south and
“general retail (GR)” to the west. Arroyo Auto Parts is located further to the
north.
The property was annexed into the City of Harlingen in 1979. There have been no
rezoning requests on the property since that time. The owner wishes to rezone
the property to facilitate its sale and development as commercial property. A
subdivision plat under the name Stone Subdivision has been submitted to the City
for review.
The request conforms to the future land use indicated for the general area in
Harlingen’s Vision 2020 comprehensive plan. The request is consistent with the
surrounding zoning pattern.
Staff recommended approval, as did the Planning and Zoning Commission.
ORDINANCE ADOPTED ON FIRST READING TO REZONE 5.609 ACRES OUT OF BLOCK 54,
DAVID AND STEPHENSON SUBDIVISION LOCATED ON THE NORTHWEST CORNER OF LOOP 499 AND
BRIGGS COLEMAN ROAD, FROM “NOT DESIGNATED (N)” CLASSIFICATION OF ZONING TO
“GENERAL RETAIL (GR)” CLASSIFICATION OF ZONING
The caption of the ordinance was read.
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF HARLINGEN:
REZONING 5.609 ACRES OUT OF BLOCK 54, DAVID AND STEPHENSON CORNER OF
LOOP 499 AND BRIGGS COLEMAN ROAD, FROM “NOT DESIGNATED (N)”
CLASSIFICATION OF ZONING TO “GENERAL RETAIL (GR)” CLASSIFICATION OF
ZONING; PROVIDING FOR PUBLICATION AND ORDAINING OTHER MATTERS RELATED TO
THE FOREGOING
Motion to adopt ordinance on first reading: Boswell
Second: Puente
Motion carried unanimously.
PUBLIC HEARING TO HEAR COMMENTS FOR OR AGAINST REZONING
A 9.906 ACRE TRACT OF LAND OUT OF THE NORTHEAST 40 ACRES OF SURVEY 140, LOCATED
ON THE SOUTHWEST CORNER OF WILSON ROAD AND STUART PLACE ROAD FROM ‘NOT
DESIGNATED (N)’ CLASSIFICATION OF ZONING TO ‘GENERAL RETAIL (GR)’ CLASSIFICATION
OF ZONING
Mayor de la Garza declared the public hearing open.
Michelle Leftwich explained that the tract is located on the southwest corner of
Wilson Road and Stuart Place Road and it is vacant. It has 1,220 ft of frontage
on Stuart Place Road and 337 ft. of frontage on Wilson Road. The tract was
annexed into the City of Harlingen on March 3, 2004 with a ‘not designated (N)’
zoning classification.
The owner wishes to rezone the property to allow a commercial carrier
development. A subdivision plat submitted to the City under the name North Star
Business Center Subdivision shows ten lots fronting on Stuart Place Road. It
received preliminary approval at the December 10, 2003 Planning and Zoning Board
meeting.
Staff recommended approval, as did the Planning and Zoning Commission.
There being no further comments, Mayor de la Garza declared the public hearing
closed.
ORDINANCE ADOPTED ON FIRST READING REZONING A 9.906 ACRE TRACT OF LAND OUT OF
THE NORTHEAST 40 ACRES OUT OF SURVEY 140, LOCATED ON THE SOUTHWEST CORNER OF
WILSON ROAD AND STUART PLACE ROAD FROM ‘NOT DESIGNATED (N)’ CLASSIFICATION OF
ZONING TO ‘GENERAL RETAIL (GR)’ CLASSIFICATION OF ZONING
The caption of the ordinance was read.
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF HARLINGEN;
REZONING 9.906 ACRE TRACT OF LAND OUT OF THE NORTHEAST 40 ACRES OUT OF
SURVEY 140 LOCATED ON THE SOUTHWEST CORNER OF WILSON AND STUART PLACE
ROAD, FROM ‘NOT DESIGNATED (N)’ CLASSIFICATION OF ZONING TO ‘GENERAL
RETAIL (GR)’ CLASSIFICATION OF ZONING.
Motion to adopt ordinance on first reading: Boswell
Second: Puente
Motion carried unanimously.
PUBLIC HEARING HELD TO HEAR COMMENTS FOR OR AGAINST THE RENEWAL OF A SPECIFIC
USE PERMIT TO ALLOW A BAR/LOUNGE IN A ‘GENERAL RETAIL (GR)’ CLASSIFICATION OF
ZONING LOCATED AT 1802 SOUTH 77 SUNSHINE STRIP BEARING A LEGAL DESCRIPTION OF
LOT 1, BLOCK 1, SIMPSON TWINS MOTEL SUBDIVISION
Mayor de la Garza declared the public hearing open.
Michelle Leftwich explained that the property is located on the southwest corner
of South 77 Sunshine Strip and Oklahoma Avenue. It has 100 ft. of frontage on S.
77 Sunshine Strip and 300 ft. of frontage on Oklahoma Avenue. This is the site
of the former “Richard’s Restaurant” and now consists of “Rack Daddy’s Billiard
and Banquet Hall” and a Subway’s Restaurant. The adjacent zoning is ‘general
retail (GR)’ in all directions.
The initial specific use permit was issued to this establishment on April 16,
2003 for a one-year period conditional upon restriping the parking spaces and
posting signs indicating additional parking areas in the rear of the property.
The Harlingen Police Department incident reports for this establishment for the
past year were included in the agenda packets. The Department has received
complaints regarding trash and parking blockage from an adjacent property owner
on two separate occasions in the past year.
The owner wishes to continue operations of “Rack Daddy’s” on a daily basis. The
hours of operation are from 7:00 a.m. to 2 a.m. on Monday through Saturday and
Sunday from 12:00 noon to 2 a.m. with a late hour liquor license. They have a DJ
and Karaoke once a week. Occasionally a private function in the banquet hall
will have a live band. Based upon the 10,800 square feet of floor area, 108
parking spaces are required. The establishment has 105 parking spaces on site
and ‘Full Service Auto Parts’ at the end of Oklahoma Avenue has allowed them to
use nine parking spaces on their lot after closing for a total of 114 parking
spaces.
Staff recommended approval, as did the Planning and Zoning Commission.
There being no further comments, Mayor de la Garza declared the public hearing
closed.
ORDINANCE ADOPTED ON FIRST READING ON THE ABOVE SPECIFIC USE PERMIT
The caption of the ordinance was read.
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF
HARLINGEN: TO RENEW A SPECIFIC USE PERMIT ISSUED ROBERT SMITH TO
ALLOW A BAR/LOUNGE IN A ‘GENERAL RETAIL (GR)’ CLASSIFICATION OF
ZONING LOCATED AT 1802 SOUTH 77 SUNSHINE STRIP, BEARING A LEGAL
DESCRIPTION OF LOT 1, BLOCK 1, SIMPSON TWINS MOTEL SUBDIVISION;
PROVIDING FOR PUBLICATION AND ORDAINING OTHER MATTERS RELATED TO THE
FOREGOING
Motion to adopt ordinance on first reading: Boswell
Second: Puente
Motion carried unanimously.
PUBLIC INPUT SESSION HELD ON THE METROPOLITAN TRANSPORTATION PLAN UPDATE
David de Leon, MPO Director, explained all urbanized areas in the United States
with a population of 50,000 or more are required to have an MPO. The
Harlingen-San Benito MPO area consists of certain parts of western Cameron
County and all of Combes, Harlingen, Los Indios, Palm Valley, Primera, Rio Hondo
and San Benito----a population of approximately 117,028 people.
Mr. De Leon stated that staff looks at projects regional in scope and he was
here to solicit public opinions on the road system. Input by the public can be
done by comment sheets (which were available at the meeting) or via the Internet
through email. He commented that this is a very important process for developing
long-range plans for 20 years into the future.
Mayor de la Garza commented that the MPO meets every 2nd Tuesday of every month
at 4:00 p.m. here at City Hall. He invited the audience to attend the MPO
meeting tomorrow.
Rafael Resendez stated that the systems of roads are good but the problem lies
with the railroad. He commented that the upgrade of roads would not be used if
the railroad were an obstacle.
Ron Lozano also expressed concerns with the roads tying across the railroad and
blocking the flow of traffic. Mayor de la Garza stated that once the railroad is
relocated the traffic flow will open up and the MPO will be studying any
problems that may arise.
PUBLIC HEARING TO CONSIDER AND RANK PRIORITIES OF TRANSPORTATION CORRIDORS IN
AND AROUND HARLINGEN FOR CONSIDERATION INTO THE MTP DOCUMENT UPDATE
Michelle Leftwich presented a list of priority MTP projects last prioritized by
the Commission in 1999. This list was brought back before the Commission in 2002
to give them an opportunity to reprioritize the projects. No changes were
requested at that time.
Staff wants to present the list one more time and ask for any reprioritization
that may be desired. MTP projects must be projects of regional significance and
must be functionally classified. Some of the projects may not be eligible for
TxDOT funding but the list gives staff direction on which projects to pursue for
project selection criteria. Ms. Leftwich explained the form in the packets and
stated the first column is for the revised priority ranking. The second
indicates the original ranking of the project. She indicated that this was also
the time to add any additional projects desired (i.e. the railroad relocation).
Gabriel Gonzalez commented that TxDOT is looking for direction on Grimes Street.
There is an agreement with the County for the right-of-way.
Ms. Leftwich asked that the Commission return their rankings of projects by
Monday, April 12.
PUBLIC HEARING HELD TO HEAR COMMENTS FOR OR AGAINST THE ISSUANCE OF A
SPECIFIC USE PERMIT TO ALLOW A WRECKING/SALVAGE YARD IN A ‘LIGHT INDUSTRY (LI)’
CLASSIFICATION OF ZONING LOCATED AT 3101 NORTH COMMERCE STREET, BEARING A LEGAL
DESCRIPTION OF 5.0 ACRES OUT OF BLOCK 5, F.Z. BISHOP SUBDIVISION OF THE L.W. AND
W.T. CAMPBELL LANDS
Mayor de la Garza declared the public hearing open.
Ms. Michelle Leftwich, Director of Planning, explained that the property is
located west of North Commerce Street across from Paloma Avenue. The
triangular-shaped tract has 900 ft. of frontage along the railroad right-of-way
and a depth of 512 ft. at its deepest point. The property has two large
warehouses located on it as well as a smaller office building. The adjacent
zoning is “not designated (N)” to the north and “light industry (LI)” to the
east, south and west.
The applicant wishes to purchase the property and open a scrap metal yard. There
have been no past specific use permit applications on this property.
A wrecking/salvage yard is a permitted use in the “light industry (L1)” zoning
classification with an approved specific use permit that requires public
comment.
Ms. Leftwich stated that when this item went before the Planning and Zoning
Commission, staff recommended approval. Since then, new information has been
provided to her. The applicant has stated that it will be difficult to maintain
an 8-ft. high pile of scrap metal. Staff recommended denial of the SUP at this
time.
J. B. Carter stated that he lives in the area and he has a specific use permit.
If contamination is a concern, all light industry zoning has to have storm water
runoff. As for land values, he has been there 15 years and his land value has
not decreased. He stated that the salvage yard would add to the City’s economy
and he stated he was in favor of it.
Jim Wilkinson, the applicant, stated that he wants to open the scrap yard. He
has one in Laredo, McAllen and Brownsville. He business puts in about $12
million back into the communities. The scrap yard business is getting better and
the City does need a recycling center. He invited the Commission to go see his
other sites.
Mike McCulley stated that he teaches environmental science. He stated that it is
better to recycle at an approved facility. He stated that he contacted other
facilities and none will take scrap cars so where else would they go but to a
salvage yard. He expressed opposition to the specific use permit.
Rafael Resendez suggested the Commission talk to the applicant about placing the
salvage yard at some other location instead of placing it at the entrance to the
City. He also stated that the City needs a site to dispose of car batteries. Mr.
Resendez stated that there is a need for recycling.
Arturo Perez stated that there is a need for recycling. The concern is the
location the applicant has chosen. It will be a visual problem for visitors to
Harlingen. Stacks of scrap higher than 8 ft. will be an eyesore. It is a good
business but for a location
elsewhere. Mr. Perez presented a petition from residents in Secluded Acres and
Spanish Acres opposing the specific use permit.
Herman Wise spoke against the specific use permit. He indicated that the
business would be run down and the entrances and exits to Harlingen at the
current time do not look very good especially on North Commerce. He asked that
the Commission consider the surrounding residents and suggest an alternate site.
Paul Newhouse distributed photos of the other facilities that Mr. Wilkinson
owns. He commented that property values will decrease and that type of business
needs to be located elsewhere. He expressed opposition to the SUP.
Joe Ballenger stated that the owner of 3026 N. Commerce had contacted him,
across the street from the proposed site. He, too, was opposed to the SUP at the
proposed site.
Lupita Gutierrez Garza, representing a client, stated that her client was
against the SUP because it would adversely affect their proposed plans for a
nearby location.
Ruthie Ewers, 2901 S. 77, Chairman of Harlingen Proud, stated she was against
the SUP.
Eliud Garcia stated that his family lives on the north side of town. The
location of the salvage yard would not be conducive to the area. He stated that
he was against the SUP.
There being no further comments from citizens, Mayor de la Garza declared the
public hearing closed.
ORDINANCE FAILED ON FIRST READING TO ISSUE A SPECIFIC USE PERMIT ALLOWING A
WRECKING/SALVAGE YARD IN A “LIGHT INDUSTRY(LI)” CLASSIFICATION OF ZONING LOCATED
AT 3101 NORTH
COMMERCE STREET, BEARING A LEGAL DESCRIPTION OF 5.0 ACRES OUT OF BLOCK 5, F.Z.
BISHOP SUBDIVISION OF THE L.W. AND W.T. CAMPBELL LANDS.
The caption of the ordinance was read.
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF HARLINGEN:
TO ISSUE A SPECIFIC USE PERMIT TO JIM WILKINSON IRON AND METAL INC.
TO ALLOW A WRECKING AND SALVAGE YARD IN A “LIGHT INDUSTRY (L1)”
CLASSIFICATION OF ZONING LOCATED AT 3101 NORTH COMMERCE STREET,
BEARING A LEGAL DESCRIPTION OF 5.0 ACRES OUT OF BLOCK 5, F.Z. BISHOP
SUBDIVISION OF THE L.W. AND W.T. CAMPBELL LANDS, CONTINGENT UPON THE
PROVISION THAT THE PROPERTY IS TOTALLY ENCLOSED BY AN EIGHT (8) FOOT
OPAQUE, WOODEN EARTH-TONE FENCE AND NO SALVAGE MATERIALS MAY BE
PILED HIGHER THAN EIGHT (8) FEET; PROVIDING FOR PUBLICATION AND
ORDAINING OTHER MATTERS RELATED TO THE FOREGOING
Motion to deny SUP and ordinance on first reading: Meade
Second:Gonzalez
Motion carried unanimously.
PUBLIC HEARING HELD TO HEAR COMMENTS FOR OR AGAINST THE ISSUANCE OF A
SPECIFIC USE PERMIT TO ALLOW A SCHOOL IN A ‘RESIDENTIAL, SINGLE FAMILY (R-1)’
CLASSIFICATION OF ZONING LOCATED ON THE EAST SIDE OF PALM BOULEVARD BETWEEN
BUSINESS 83 AND GARRETT ROAD, BEARING A LEGAL DESCRIPTION OF A 30.795 ACRE TRACT
OF LAND, BEING 3.465 ACRES OUT OF BLOCK 5, ALL OF BLOCK 6 AND 7, 3.235 ACRES OUT
OF BLOCK 8 AND 14.095 ACRES OUT OF BLOCK 17, STUART PLACE SUBDIVISION SURVEY 42
Commissioner Boswell abstained from any discussion and from voting on this item
due to a conflict of interest. An affidavit to that effect is on file with the
City Secretary.
Mayor de la Garza declared the public hearing open.
Michelle Leftwich stated that the property is located on the east side of Palm
Boulevard, ¼ mile south of Business Highway 83 and is currently used as a tree
nursery. The tract has 960 feet of frontage on Palm Boulevard and a depth of
1,522 feet, for a total land area of 30.795 acres. The adjacent zoning is
‘residential, single family (R-1)’ district in all directions, as well as
‘residential mobile home (MH)’ district to the west. The Sun Country Estates
Subdivision is located further to the south and the Park Place Estates Park is
located to the west.
The tract was annexed into the City of Harlingen in 1998. It was zoned
‘residential, single family (R-1)’ in December 2000. There have been no specific
use permits or rezoning applications on the tract since that time.
The HCISD is seeking to construct a new middle school and associated sports
facilities on the property. A school is permitted in the ‘residential, single
family (R-1)’ zoning classification with an approved specific use permit that
requires public comments.
Staff recommended approval, as did the Planning and Zoning Commission.
ORDINANCE ADOPTED ON FIRST READING ON THE ABOVE SPECIFIC USE PERMIT
The caption of the ordinance was read.
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF
HARLINGEN; TO ISSUE A SPECIFIC USE PERMIT TO ALLOW A SCHOOL IN A
‘RESIDENTIAL, SINGLE FAMILY (R-1)’ CLASSIFICATION OF ZONING LOCATED
ON THE EAST SIDE OF PALM BOULEVARD BETWEEN BUSINESS 83 AND GARRETT
ROAD, BEARING A LEGAL DESCRIPTION OF A 30.795 ACRE TRACT OF LAND,
BEING 3.465 ACRES OUT OF BLOCK 5, ALL OF BLOCKS 6 AND 7, 3.235 ACRES
OUT OF BLOCK 8 AND 14.095 ACRES OUT OF BLOCK 17, STUART PLACE
SUBDIVISION SURVEY 42, CONTINGENT UPON A FIVE (5) FEET WIDE SIDEWALK
BEING PROVIDED ALONG PALM BOULEVARD; PROVIDING FOR PUBLICATION AND
ORDAINING OTHER MATTERS RELATED TO THE FOREGOING
Motion to adopt ordinance on first reading: Puente
Second: Gonzalez
Motion carried unanimously.
Gloria Casas, 926 Palm Boulevard, stated that she lives in front of the school
and although not against the SUP, asked if it was still contingent upon the
proper drainage being provided and the widening of the road.
Ms. Leftwich replied that the drainage is a requirement of the building permit
when it is issued. As for the widening of the road, the School will give 50 ft.
of the right-of-way on their side.
RESOLUTION APPROVED AMENDING RESOLUTION #01-58 “2001 ANNEXATION PLAN”
DELETING ALL FOUR PARCELS ORIGINALLY SCHEDULED FOR ANNEXATION IN 2004
Michelle Leftwich explained that parcels originally identified under this
resolution would be eligible for annexation in December 2004.
The parcels are: Las Palmas/ Country Club Estates, Graham Road parcel, Los
Juarez parcel, and Teege Road parcel.
Any amendment deleting parcels from the original resolution would make those
parcels ineligible to be placed on a three-year plan for at least two years. If
the annexation resolution is left as is and does not complete the annexation,
those parcels would be ineligible to be annexed for at least five years from
that date, making the earliest possible annexation of the areas December 19,
2009.
Staff does not believe that annexation of these parcels can be undertaken
without additional staffing which has not been added and does not appear to be
financially feasible at this time. Further annexation of developed land will
begin to deteriorate service levels currently provided throughout the City.
Previous direction from the City Commission to staff was to delete all parcels
from the annexation plan and she has the item tonight for official action.
Motion to approve resolution as recommended by staff: Gonzalez
Second: Meade
Motion carried unanimously.
PUBLIC HEARING HELD AND ACTION TAKEN TO AMEND THE 2000 INTERNATIONAL PROPERTY
MAINTENANCE CODE
Ms. Leftwich stated that on May 16, 2001, Ordinance No. 01-42 adopted all nine
international codes to regulate all types of construction within the City of
Harlingen. Since they are international codes, most have sections that should be
more specifically amended and those will be brought forward individually as
needed for those amendments. Ms. Leftwich indicated that she was starting with
the International Property Maintenance Code 2000 that applies to existing built
structures and their upkeep. This is the ordinance used when addressing
condemnation and demolition of unsafe structures.
Staff recommended approval.
ORDINANCE ADOPTED ON FIRST READING TO AMEND THE 2000 INTERNATIONAL PROPERTY
MAINTENANCE CODE
The caption of the ordinance was read.
AN ORDINANCE AMENDING ORDINANCE NO. 01-42 BY AMENDING SECTIONS OF
THE 2000 EDITION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE
PUBLISHED BY INTERNATIONAL CODE COUNCIL, INC. BY AMENDING SECTION
101.1 TITLE, AMENDING SECTION 102.3 APPLICATION OF OTHER CODES,
AMEMDING SECTION 103.1 GENERAL, AMENDING SECTION 103.6 FEES,
AMENDING SCTION 107.1 NOTICE TO OWNER OR TO PERSON OR PERSONS
RESPONSIBLE, AMENDING SECTION 107.2(4) FORM, AMEMDING SECTION
107.3(3) METHOD OF SERVICE, AMENDING SECTION 111.3(3) NOTICE OF
MEETING, AMENDING SECTION 111.7 COURT REVIEW, AMENDING SECTION
303.14 INSECT SCREENS, AMENDING SECTION 602.3 HEAT SUPPLY, AMEMDING
SECTION 602.4 OCCUPIABLE WORK SPACES, AMENDING SECTION 604
ELECTRICAL FACILITIES; AND ORDAINING OTHER MATTERS RELATED TO THE
FOREGOING
Motion to adopt ordinance on first reading: Boswell
Second: Gonzalez
Motion carried unanimously.
INDUSTRIAL AGREEMENT WITH QCONICS RENEWED
Ms. Leftwich stated that the City has in the past entered into renewal
agreements with those candidates whose first 7-year agreement has expired. The
non-annexation agreement precludes the City from annexing the property on which
the business is located. The City provides certain services for fee in lieu of
taxes. The fee in the renewal agreement is based on increase in employment. The
company pays a percentage of the taxes they would be charged if they were in the
City limits.
Ms. Leftwich further stated that in addition, a company is given credit for one
full-time equivalent employee for each $150,000 increase in assessed valuation
from the baseline year. The company’s baseline number of employees is 40 and
their valuation is $1,534,823. The agreement has been reviewed by the company’s
representative and is acceptable.
Staff recommended approval.
Motion to approve renewal of industrial agreement: Puente
Second: Gonzalez
Motion carried unanimously.
ORDINANCE ADOPTED ON FIRST READING AMENDING TITLE IX, CHAPTER 90-ANIMALS OF
THE CITY OF HARLINGEN CODE OF ORDINANCES
Dan Serna, Environmental Health Director, explained that in order to better
serve the community, promote responsible pet ownership amongst all pet owners
and help control the stray and unwanted dog and cat population within the City,
staff is requesting Chapter 90-animals be amended to create new Sections: 90.38,
90.39, 90.40, 90.41, 90.42 and 90.43.
Mr. Serna also proposed the creation of an Animal Shelter Advisory Committee
whose responsibility will be to assist in, and ensure compliance with the
current Animal Shelter regulations in accordance with the Health and Safety Code
of the State of Texas. The Committee shall consist of six voting members who
shall be appointed by the Mayor and City Commission and must include one
licensed veterinarian, one municipal official, one person whose responsibilities
include the daily operation of the animal shelter, one representative from an
animal welfare organization and two (2) citizens. Each Committee member must be
18 years of age, serve a term of two years with no limit on the number of terms
a member may serve and be required to meet a minimum of three times per year.
Commissioner Meade expressed concerns over requiring a permit for people who
wish to breed their pets. Mr. Serna explained that within the past four years,
approximately 23,000 animals have been euthanized as a result of stray and
unwanted animals. When a family pet has a litter, a large percentage of that
litter ends up on the streets. Requiring a permit will allow staff to keep track
of this type of situation. The first step would be to issue a warning and ask
the person to comply.
The Commission suggested ‘refining’ the ordinance before the final reading to
address this issue.
The caption of the ordinance was read.
AN ORDINANCE AMEMDING TITLE IX, CHAPTER 90; ANIMALS, OF THE CITY OF
HARLINGEN CODE OF ORDINANCES BY CREATING SECTIONS 90.38 KEEPING
NUISANCE ANIMALS, 90.39 KEEPING OF DOG KENNEL PROHIBITED, 90.40
HUMANE TREATMENT OF ANIMALS, 90.41 COMMERCE IN LIVE ANIMALS, 90.42
BREEDER PERMITS, 90.43 WILD ANIMALS PROHIBITED AND ESTABLISHING AN
ANIMAL ADVISORY COMMITTEE TO ASSIST IN AND INSURE COMPLIANCE WITH
THE REQUIREMENTS OF CHAPTER 823 OF THE HEALTH AND SAFETY CODE OF THE
STATE OF TEXAS REGULATING ANIMAL SHELTERS AND BY CREATING SECTIONS;
90.60 ESTABLISHED, 90.61 PURPOSE, 90.62 COMPOSITION; QUALIFICATIONS;
APPOINTMENT; FILLING OF VACANCIES, 90.63 ORGANIZATION AND 90.64
DUTIES, AND PROVIDING FOR PUBLICATION AND ORDAINING OTHER MATTERS
RELATED TO THE FOREGOING
Motion to adopt ordinance on first and to modify before final reading: Puente
Second: Gonzalez
Motion carried by the following vote:
Aye: Puente, Gonzalez, Boswell
Nay: Meade
RESOLUTION APPROVED FOR A LEASE PURCHASE AGREEMENT FOR THE PURPOSE OF
PROCURING ‘STREET LIGHTING, HVAC REPLACEMENT, FACILITY LIGHTING UPGRADES,
TRAFFIC CONTROL UPGRADES AND AN ENERGY MANAGEMENT SYSTEM’ AT VARIOUS CITY OWNED
BUILDINGS.
Dan Serna stated that on March 3, 2004 the City Commission approved the scope of
work to be undertaken by TAC Americas, Inc. to retrofit and upgrade a number of
facilities and equipment as part of a City-wide Energy Conservation Program. The
resolution will secure funding for the project through a Lease Purchase
Agreement with TAC Americas, Inc. Repayment of the $1,279,890.00 cost of the
project will be made possible using guaranteed energy savings and utility
company rebate dollars that are a direct result of the improvements implemented
in this program. Mr. Serna stated that an annual budgetary increase of $11,299
will be required beginning in year six of the 15-year term to help cover the
debt payment.
Staff recommended approval.
Motion to approve resolution: Meade
Second: Puente
Motion carried unanimously.
RESOLUTION APPROVED ADOPTING THE REVISED PERSONNEL POLICY FOR THE CITY OF
HARLINGEN
Gloria Flores, Director of Human Resources, stated that this resolution would
adopt the new Personnel Policy for the City. Section 206-Wages and Hour
Administration and Section 218-Substance Abuse are the last two sections being
submitted for later review and discussion. Section 205-Compensation will be
submitted for approval/review with the completion of the Job
Description/Classification Review Project.
Staff recommended approval.
Motion to approve resolution: Meade
Second: Puente
Motion carried unanimously.
RESOLUTION APPROVED DESIGNATING CITY MANAGER, TOMMY GONZALEZ AND FINANCE
DIRECTOR, KEN MITCHELL AS SIGNATORS ON CITY OF HARLINGEN BANK ACCOUNTS
Ken Mitchell stated that this action was necessary to remove Roel Rodriguez and
add Tommy Gonzalez as signator on City of Harlingen bank accounts. After this
action staff will work with the bank to update all signature cards. Staff
recommended approval.
Motion to approve resolution: Meade
Second: Puente
Motion carried unanimously.
RESOLUTION APPROVED APPOINTING ELECTION JUDGES AND ALTERNATE JUDGES FOR THE
CITY’S GENERAL ELECTION OF MAY 15, 2004
Motion to approve resolution: Meade
Second: Puente
Motion carried unanimously.
WRITEOFFS OF THE FOLLOWING ACCOUNTS APPROVED FOR DEBTOR MAXEY GROSSENBACHER
DUE TO SHERIFF’S SALE
1997
98-0160-0010-0100-00
$63.33
1996
98-0160-0010-0100-00
$63.57
1995
98-0160-0010-0100-00
$63.76
1994
98-0160-0010-0100-00
$31.71
Motion to approve write-offs: Meade
Second: Puente
Motion carried unanimously.
WRITEOFFS OF THE FOLLOWING ACCOUNTS APPROVED FOR SAFETY-KLEEN CORP. AND THE
COOLIDGE GROUP LLC DUE TO BANKRUPTCY
2000
00-0100-0189-9751-00
$ 22.36
2002
00-0100-0217-0922-02
$101.40
Motion to approve write-offs: Meade
Second: Puente
Motion carried unanimously.
(Mayor Pro Tem Puente presided over the meeting at this time due to Mayor de la
Garza’s need to leave to attend an event for the Ambassador of Mexico, Tony
Garza)
PROPERTY TAX REFUNDS APPROVED FOR THE FOLLOWING ACCOUNTS
19-5520-0010-0080-00
DONALD NEUMAN
$ 665.43
18-7710-0010-0141-00
FRANCISCO SANCHEZ
$ 904.83
18-2600-0010-0070-00
ELOY & GLORIA ELIZONDO
$ 831.12
24-5550-0050-0200-00
JACQUELINE POPP TREVINO
$ 2,675.35
22-3010-0030-0060-00
ROBERT & DNAIELLE ULRICH
$ 1,093.02
19-4220-0020-0620-00
J. C. & CAROLYN KENNEDY
$ 1,482.85
17-9500-0000-0630-00
JASON & JILL PARKERT
$ 1,497.76
16-1160-0010-0090-00
SEC. OF VETERANS AFFAIRS
$ 820.76
24-5610-0040-0060-00
SEC. OF VETERANS AFFAIRS
$ 1,030.85
00-0100-0203-3555-95
SEC. OF VETERANS AFFAIRS
$ 624.42
00-0100-0019-5550-96
BATH & BODY WORKS
$ 824.07
Motion to approve write-offs: Boswell
Second: Meade
Motion carried unanimously.
BOARD APPOINTMENTS
Mayor de la Garza appointed John Van Wyke to the Planning and Zoning Commission
(replaces Chuey Ramos).
Commissioner Meade appointed Lois Day to the Municipal Auditorium Advisory Board
(replaces Charles Feldman)
Motion to approve appointments: Boswell
Second: Puente
Motion carried unanimously.
REPORTS
Gabriel Gonzalez reminded the Commission of the Special Meeting of April 14 @
11:30 a.m. and reported on the sales tax figures for March, an overall increase
of 8%.
There being no further business, the meeting adjourned at 7:30 p.m.
____________________________
C. Connie de la Garza, Mayor
Attest:
_________________________
Sylvia R. Trevino, City Secretary
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