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REGULAR MEETING
CITY COMMISSION
HARLINGEN, TEXAS
April 21, 2004
A Regular Meeting of the Harlingen Elective Commission was held on Wednesday,
April 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
C. Connie de la Garza
Frank Puente, Jr.
J. J. Gonzalez
Chris Boswell
Rick Rodriguez
Absent:
Jay Meade
Staff Present:
Tommy Gonzalez
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 according to law.
INVOCATION/PLEDGE OF ALLEGIANCE/WELCOME
Reverend Jennifer Bordenet delivered the Invocation and the Pledge of Allegiance
followed. Mayor de la Garza welcomed all to the meeting.
CITIZEN COMMUNICATION
Jerry Vega addressed the Commission and asked that clarification be given to him
regarding his business on Jackson Street. He indicated he is getting conflicting
stories from the Chief Building Inspector and the Fire Marshall regarding
whether he needs to have a sprinkler system at the location installed. He asked
that someone address this matter.
Tony Gutierrez was present to thank the Community Development Advisory Board for
not funding Planned Parenthood and also asked that the Commission not reverse
the CDAB’s decision to not fund them.
Rita Kelly distributed informational leaflets to the Commission with information
on what Planned Parenthood does as it relates to abortions.
MINUTES FOR APPROVAL: REGULAR MEETING OF APRIL 7, 2004 AND SPECIAL MEETING OF
APRIL 14, 2004
Motion to approve minutes as presented: Boswell
Second: Puente
Motion carried unanimously.
CONSENT AGENDA:
A. ORDINANCE ADOPTED ON FINAL READING
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 (LI)’ 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
B. ORDINANCE ADOPTED ON FINAL READING
REZONING THE SOUTH 5.58 ACRES OUT OF THE EAST 10 ACRES 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
C. ORDINANCE ADOPTED ON FINAL READING
REZONING 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
D. ORDINANCE ADOPTED ON FINAL 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
E. ORDINANCE ADOPTED ON FINAL READING
TO GRANT A SPECIFIC USE PERMIT TO THE HARLINGEN CONSOLIDATED INDEPENDENT
SCHOOL DISTRICT TO ALLOW A SCHOOL IIN 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
ORDINANCE ADOPTED ON FINAL READING TO GRANT A SPECIFIC USE PERMIT TO ALLOW A
BAR/LOUNGE IN A ‘GENERAL RETAIL (GR)’ CLASSIFICATION OF ZONING LOCATED AT
1802 S. 77 SUNSHINE STRIP BEARING A LEGAL DESCRIPTION OF LOT 1, BLOCK 1,
SIMPSON TWINS MOTEL SUBDIVISION
G. ORDINANCE ADOPTED ON FINAL READING
AMENDING THE 2000 INTERNATIONAL PROPERTY MAINTENANCE CODE
Motion to approve consent agenda: Boswell
Second: Gonzalez
Motion carried unanimously.
ORDINANCE ADOPTED ON FINAL READING AMENDING THE CITY OF HARLINGEN CODE OF
ORDINANCES, TITLE IX, CHAPTER 90-ANIMALS
Dan Serna, Director of Health, explained that since the first reading of the
ordinance on April 7, 2004 staff made the following changes:
Sections 90.32 and 90.33 were amended to include authorized agents of the Animal
Control Department and Environmental Health Department as personnel authorized
to impound animals involved in bite incidents.
Section 90.41 was amended to eliminate subsection (B) indicating that this
ordinance would not apply under certain circumstances and with the proper
permits
On Page 11 – the section requiring a Breeder Permit has been eliminated. A new
Section 90.41 prohibiting the sale of animals from any right-of-way, parking
lot, flea market, roadside, etc. to help control the sale of these animal and,
in turn, reduce the number of unwanted and stray animals within the City will be
utilized.
Staff recommended approval of the amendments as presented.
The caption of the ordinance was read.
AN ORDINANCE AMENDING TITLE IX, CHAPTER 90: ANIMALS, OF THE CITY IF
HARLINGEN CODE OF ORDINANCES BY CREATING SECTION 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
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 final reading: Rodriguez
Second: Gonzalez
Motion carried unanimously.
Mayor de la Garza asked what the revenue is from dog licenses. Staff will follow
up and provide a response.
PUBLIC HEARING TO CONSIDER AND TAKE ACTION TO APPROVE THE DRAFT PROPOSED ONE
YEAR ACTION PLAN (BUDGET) FOR YEAR 30 OF THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
PROGRAM AND YEAR 10 OF THE HOME PROGRAM FOR FISCAL YEAR 2004-2005
Tammy DeGannes distributed a schedule of funding requests showing the amount of
the percentage of the request funded.
Tammy DeGannes, Community Development Director, stated that as part of the
comprehensive initiative by the U. S. Department of Housing and Urban
Development (HUD) to establish a Consolidated Plan and Strategy (CPS), the City
of Harlingen examined the affordable housing and non-housing needs of the area
for a five-year period. The goals of the strategy were to provide decent
housing, create suitable living environments and expand economic opportunities
that would primarily benefit low-to-moderate income persons.
In order to receive Community Development Block Grant (CDBG) and HOME funds in
FY 2004-05, the City prepared a One-Year Action Plan. The City’s One-Year Action
Plan continues with the priorities established and outlined in the 2000-05 CPS.
Upon approval of the draft proposed FY 04-05 One-Year Action Plan, the public
will be provided with a 30-day comment period. In order to facilitate comments,
the Community Development Advisory Board will hold a public hearing on Tuesday,
May 11, 2004 at 6:00 p.m. at the Harlingen Public Library Auditorium. The final
plan is to be submitted to HUD for their approval prior to August 25, 2004.
FY 04-05 (expected) CDBG Allocation
$ 1,149,000.00
FY 04-05 (expected) HOME Allocation
$ 424,177.00
Anticipated Revolving Loans Program Income (expected) $ 90,846.00
Staff recommended approval.
Motion to approve staff recommendation: Puente
Second: Gonzalez
RESOLUTION APPROVED AUTHORIZING THE SUBMISSION BY THE POLICE DEPARTMENT FOR A
GRANT TO THE TEXAS DEPARTMENT OF TRANSPORTATION FOR FUNDING OF THE ‘CLICK IT OR
TICKET’ STEP PROGRAM
Chief Danny Castillo stated the Police Department has been granted funding to
operate an overtime selective enforcement program with funding from TxDOT. The
program calls for 100% funding totaling $10,000.00 from TxDOT. The “Click It or
Ticket” STEP grant will pay overtime to officers working seatbelt enforcement
during the 2004 Memorial Day period between May 24 and June 6, 2004.
100% of funding of the program will be reimbursed by the Texas Department of
Transportation. The additional enforcement will encourage higher safety belt
usage rates, target the reduction of traffic related injuries in Harlingen and
allow regularly scheduled officers more time to devote to their other patrol
duties.
Staff recommended approval.
Motion to approve resolution: Gonzalez
Second: Puente
Motion carried unanimously.
INDUSTRIAL DISTRICT AGREEMENT WITH TEXAS GAS SERVICE COMPANY APPROVED
Tommy Gonzalez, City Manager asked that this item be tabled till the next
meeting in order to provide language in the agreement that would address a late
payment penalty.
Motion to table the item: Gonzalez
Second: Rodriguez
Motion carried unanimously.
WRITE-OFFS OF THE FOLLOWING ACCOUNTS APPROVED DUE TO BANKRUPTCY
2000
00-0100-0135-9000-00
Luanka
$163.66
1999
00-0100-0234-8000-97
US Wireless
$157.72
1998
19-7520-0040-0280-00
Y. Cruz
$186.17
Ken Mitchell explained the above debtors were previously under bankruptcy. The
bankruptcy proceedings have been completed and final payments have been
received. The remaining balances are considered uncollectible.
Motion to approve write-offs: Gonzalez
Second: Puente
Motion carried unanimously.
BID ACCEPTED AND CONTRACT AWARDED FOR THE COMMERCE/FILMORE INTERCEPTOR PHASE
VI DRAINAGE PROJECT UNDER BID NO. 2004-09
Ruben Diaz, Director of Public Works, stated Phase VI would complete the
Commerce/Filmore Interceptor Drainage Project. This phase involves the
installation of storm sewer lines, concrete box culverts, manholes, inlets and
repair of the roadway from “J” to “K” Street along Filmore Avenue and from
Filmore to West Jackson along “K” Street.
The funding for the project is from CDBG funds in the amount of $1,050,204
(budgeted amount). The low bid came in at $906,798. The remaining balance will
be used for the design phase of the Northwest Drainage Project (less testing
cost for this project).
Staff recommended accepting the low bid from Summit Construction in the amount
of $906,798.
Motion to accept staff recommendation: Boswell
Second:Gonzalez
Motion carried unanimously.
BID ACCEPTED AND CONTRACT AWARDED FOR FLEXIBLE BASE COMMERCIAL GRADE CALICHE
UNDER BID NO. 2004-08
Ruben Diaz reported the flexible base commercial grade material will be used as
foundation course in alleys to shape and grade roadbeds, prepare shoulders and
to repair sheet cuts and potholes. The contract is for one year with a two-year
option.
Staff recommended the low bid submitted by Sunbelt Express in the amount of
$6.09 per ton be accepted.
Motion to accept staff recommendation: Gonzalez
Second: Puente
Motion carried unanimously.
Commissioner Gonzalez made a motion to go into Executive Session under
Government Code Section 551.071: consultation with attorney; seek legal advice
regarding contemplated litigation to collect on a promissory note executed by
Simon Garcia. Commissioner Puente seconded the motion and it carried
unanimously.
EXECUTIVE SESSION UNDER GOVERNMENT CODE SECTION 551.071: CONSULTATION WITH
ATTORNEY, SEEK LEGAL ADVICE REGARDING CONTEMPLATED LITIGATION TO COLLECT ON A
PROMMISSORY NOTE EXECUTED BY SIMON GARCIA
The Executive Session convened at 5:51 P.M.and concluded at 6:00 P.M. with no
action taken in closed session.
BOARD APPOINTMENTS
Commissioner Boswell reappointed the following persons:
George McShan – Capital Improvements Advisory Board
Norma Menchaca – Community Development Advisory Board
Gene Taylor – Community Development Advisory Board
Ruthie Ewers – Harlingen Proud
Lupita Gutierrez Garza – La Placita
Donna Bonner – Municipal Auditorium Adv. Board
Bob Binney – Parks Advisory Board
Hondo Garcia to Planning and Zoning Commission
New appointments:
Jo Rae Wagner – Capital Improvements Advisory Board
Dave Ralph – Harlingen Proud (replaces K. Kininmonth)
Verne Wheelright – Harlingen Proud (replaces Dave Meinhart)
Jo Rae Wagner – Utility Board of Trustees
Commissioner Rodriguez reappointed the following persons:
Melinda Vassberg – Tennis Advisory Board
Brad Warrenburg – CIP Board
Trinidad Galdean – CIP
Joe Cantu – CDAB
Nestor Martinez – Construction Board of Adjustments
Brad Warrenburg – DID
Carlos Cuellar – Golf Course Advisory Board
Roy Alvarez – La Placita
Terri Youngblood – Library Board
Teri Springfield – Municipal Auditorium Board
Armando Elizarde – Planning and Zoning Commission
Albert Trevino – Traffic Safety Council
Joe Cantu – Utility Rate Review Board
New Appointment
Linda Shreve – Harlingen Proud (new apptmt. – replaces R. Whitworth)
Motion to approve appointments: Gonzalez
Second: Puente
Motion carried unanimously.
REPORTS:
Tommy Gonzalez announced that early voting starts April 28 – May 11, 2004. He
also reminded them of the Special Meeting for Monday, April 26 @ 8:00 a.m. and
the Development Corporation meeting on April 27, 2004.
There being no further business, the meeting adjourned at 6:05 p.m.
_______________________
C. Connie de la Garza, Mayor
Attest:
___________________________
Sylvia R. Trevino, City Secretary
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