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REGULAR MEETING
CITY COMMISSION
HARLINGEN, TEXAS
May 5, 2004
A Regular Meeting of the Harlingen Elective Commission was held on Wednesday,
May 5, 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:
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 present to the meeting.
CITIZEN COMMUNICATION:
Rosemarie Hermann, Executive Director, Planned Parenthood, asked that the
Commission reconsider funding Planned Parenthood. The funding would go to their
Positive Directions Program, which is not about abortions. The Positive
Directions program provides parenting skills to Mothers that have already had
children. No other program provides these types of services. Ms. Hermann
distributed copies of her comments to the Commission and presented a list of
signatures of residents who are for the program to the City Secretary. The list
of signatures also included letters of support from Su Clinica Familiar, the
Attorney General’s office and the Valley Aids Council.
Ron Lozano asked that the Commission maintain their position not to fund Planned
Parenthood.
Rita Kelly, 2813 Becky Lane, also asked that the Commission maintain their
position not to fund Planned Parenthood. She went on to express her concern
regarding a billboard advertising a strip joint.
Russell Moreland stated that his duty as a parent, husband and local citizen,
the billboard Ms. Kelly is referring to is an assault on our children. He stated
he did not know who to address his concern to and at the suggestion of
Commissioner Rodriguez he was addressing the Commission.
Commissioner Meade stated he had called Lamar Advertising since they are the
advertising company and suggested that Mr. Moreland also call them.
Mayor de la Garza stated he would have staff look into reviewing the sign
ordinance and maybe amending it if necessary.
PRESENTATION: Frank Lozano
Mayor de la Garza presented a Certificate of Special Recognition to Frank
Lozano, a 6th grade student at Coakley Jr. High. Mr. Lozano won First Place in
the State Competition in Science.
MANAGEMENT’S OPERATIONS REPORT
Tommy Gonzalez, City Manager, explained the Management’s Operations Report is
intended to be a ‘bird’s eye view’ of City operations. It is a very simple
format, which covers overall city issues and includes a calendar of events and
the City’s financial status. It is provided in an attempt to communicate with
the City Commission, employees and the public. The report will also be posted on
the City’s website. Mayor de la Garza asked that a timeline be included as it
relates to the railroad relocation project.
Mr. Gonzalez also informed the Commission that the health insurance went out for
Requests for Proposals and will soon be reviewed.
SALARY COMPENSATION FOR CITY OF HARLINGEN DISCUSSED
Martha Valdez, consultant with World Class Training Resources, explained that in
July of 2002 World Class Training Resources was contracted to conduct a job
classification and evaluation study for the purpose of updating all job
descriptions and to establish a job evaluation system that would enable the City
to effectively assign non-civil service jobs to labor grades.
Ms. Valdez further explained that an internal equity study is currently in the
process and should be complete in 30 days. The next step would be to conduct an
external market study for all city positions and is something that should be
conducted once every three years to stay in the competition. A performance
management tool should also be considered and implemented to recognize top
performers within the organization.
Ms. Valdez noted that the salary structures are based on current rates and not
on the external market rates. Mr. Gonzalez commented we need to know how the
City compares with salaries structures of other cities.
Luciano Rubio, Asst. Chief of Police, made a presentation regarding salaries for
police officers.
He stated that the purpose of pay comparisons is to compare pay and benefits
with other Valley agencies, to identify any disparity in pay for new and ranking
officers with other police departments and to stay competitive in the job market
for the recruitment of police applicants.
Asst. Chief Rubio showed overhead slides of population comparison and salaries
of a two-year officer, a 10-year Sergeant, a 16-year Lieutenant. He stated the
additional pay for a Harlingen officer is certificate pay; FTO and longevity pay
at $4.00 per year of service. Additional pay in other Valley cities includes
investigator pay, narcotics, tactical team, training, internal affairs, crime
stoppers, shift differential, intoxilyzer operator and education pay. Asst.
Chief Rubio also showed benefit comparisons in health insurance and dental
insurance as well as benefits comparisons for retirees
Mr. Gonzalez stated that staff needs time to evaluate the numbers and review the
various disparities. Other questions have arisen regarding incentive pay. The
numbers will show that Harlingen officers are still under paid and he wants the
Commission to understand that staff still wants to proceed with the information.
MINUTES FOR APPROVAL – REGULAR MEETING OF APRIL 21, 2004 AND SPECIAL MEETING
OF APRIL 26, 2004
There being no corrections, both sets of minutes were approved upon motion by
Commissioner Gonzalez and seconded by Commissioner Meade. The motion carried
unanimously.
CONSENT AGENDA:
A. REQUEST APPROVED FROM OUR LADY OF THE
ASSUMPTION TO CLOSE THE 1300 BLOCK OF WEST LINCOLN STREET BETWEEN ‘L’ AND ‘M’
STREETS FROM 5:00 P.M. TO 11:00 P.M. ON BOTH FRIDAY, MAY 7, 2004 AND SATURDAY,
MAY 8, 2004 FOR ITS ANNUAL ‘FIESTA DE LA FLORES FESTIVAL’
Motion to approve request: Meade
Second: Gonzalez
Motion carried unanimously.
PUBLIC HEARING HELD TO HEAR COMMENTS FOR OR AGAINST ISSUING A SPECIFIC USE
PERMIT TO ALLOW A BAR/LOUNGE IN A ‘GENERAL RETAIL (GR)’ CLASSIFICATION OF ZONING
LOCATED AT 216 ED CAREY DRIVE, SUITE 1, BEARING A LEGAL DESCRIPTION OF LOT 1,
BLOCK 1, VECTOR SUBDIVISION UNIT 1
(Mayor de la Garza excused himself from any discussion on this item due to a
conflict of interest).
Mayor Pro Tem Puente declared the public hearing open.
Michelle Leftwich explained the property is located on the east side of Ed Carey
Drive, 250 ft. north of Expressway 77/83. The establishment is located in the
southernmost unit of Commerce Plaza No. 1, a commercial strip center with a
shared parking arrangement. There is a 6,720 sq. ft. commercial building on the
lot that formerly housed “Doc’s Sports Bar”. The property is zoned ‘general
retail (GR)’ district. Surrounding land uses include a Circle K convenience
store to the south and Kellogg Motors to the east.
The previous tenant, “Doc’s Sports Bar” operated by Michael Laney, was first
issued a specific use permit in December 2000. The City Commission approved a
renewal permit in January 2003 to that operator, however, the operation closed
in January 2004.
The applicant, Andelmo Aponte, Jr. wishes to open a new establishment at this
location under the name “The NCO Club”. The proposed hours of operation will be
from 6:00 p.m. to 2:00 a.m. on Wednesday through Saturday only. They are
applying to TABC for a mixed beverage license. They plan to have live music once
a week and no outdoor activity is proposed. A bar/lounge is permitted use in the
‘general retail’ zoning classification with an approved specific use permit that
allows for public comment.
Staff recommended approval, as did the Planning and Zoning Commission.
Mr. Andelmo Ponte, the applicant, stated he is trying to bring something
different to the City by opening a dance club to cater to the 21-35 year old age
group.
There being no further comments, Mayor Pro Tem Puente 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 ISSUE A SPECIFIC USE PERMIT TO ANDELMO APONTE, JR. TO
ALLOW A BAR/LOUNGE IN A ‘GENERAL RETAIL (GR)’ CLASSIFICATION OF
ZONING LOCATED AT 216 ED CAREY DRIVE, SUITE NO. 1, BLOCK 1, VECTOR
SUBDIVISION UNIT 1; PROVIDING FOR PUBLICATION AND ORDAINING OTHER
MATTERS RELATED TO THE FOREGOING
Motion to adopt ordinance on first reading: Rodriguez
Second: Gonzalez
Motion carried unanimously.
PUBLIC HEARING HELD TO HEAR COMMENTS FOR OR AGAINST THE REZONING OF LOTS 5-9,
BLOCK 7, MCFETRIDGE SUBDIVISION LOCATED AT 1910 MCFETRIDGE AVENUE FROM
‘RESIDENTIAL, MULTI-FAMILY (M-2) CLASSIFICATION OF ZONING TO ‘GENERAL RETAIL (GR)’
CLASSIFICATION
Mayor de la Garza declared the public hearing open.
Ms. Leftwich stated the property is located at the southeast corner of
McFetridge and Pickens Avenues. Red’s Garage is located on Lot 5 and 6 and Lots
7 and 8 are vacant. Red’s Garage was established in the mid 1940s and is
considered a legal nonconforming use. The adjacent zoning is ‘residential,
multi-family (M-2)’ district to the north and east and ‘general retail (GR)’
district to the south and west. The area is for the most part developed as it is
zoned.
Staff recommended approval, as did the Planning and Zoning Commission.
Chuck Fultz, the applicant, stated he was just trying to correct something that
was a mistake in the past.
There being no further comments, Mayor de la Garza declared the public hearing
closed.
ORDINANCE ADOPTED ON FIRST READING ON THE ABOVE REZONING
The caption of the ordinance was read.
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF HARLINGEN;
REZONING LOTS 5-9, BLOCK 7, MCFETRIDGE SUBDIVISION LOCATED AT 1910
MCFETRIDGE AVENUE 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: Gonzalez
Second: Puente
Motion carried unanimously.
PUBLIC HEARING TO HEAR COMMENTS FOR OR AGAINST THE REZONING OF 1.427 ACRES
OUT OF BLOCK 11, STUART PLACE SUBDIVISION SURVEY 138 LOCATED ON THE WEST SIDE OF
STUART PLACE ROAD NORTH OF EXPRESSWAY 83 FROM ‘RESIDENTIAL, SINGLE FAMILY (R-1)
CLASSIFICATION OF ZONING TO ‘GENERAL RETAIL (GR)’ CLASSIFICATION OF ZONING
Mayor de la Garza declared the public hearing open.
Ms. Leftwich stated that the property is located on the west side of Stuart
Place Road 1,000 north of Expressway 83. The tract has 231 ft. of frontage on
Stuart Place Road and a depth of 269 feet. The property is currently vacant in
agricultural production. The adjacent zoning is ‘residential, single family
(R-1) to the north, east and west and ‘general retail (GR) to the south.
The tract was annexed into the City in December 2002. It was zoned ‘residential,
single family (R-1) district in April 2003. The owner wishes to rezone the
property to accommodate a bank with drive-through facilities.
The request does not conform to the low-density residential future land use for
the general area as indicated in Harlingen’s Vision 2020 comprehensive plan.
This section of Stuart Place Road was zoned residential as it is further away
from the Expressway and is across from the residential development of Wildwood
and is nearby the Palm Valley South residential development. General retail
zoning allows uses that may not be compatible with single-family residential
uses. An office district category, which allows a bank without a drive-thru as a
use by right and a bank with drive-through with an approved specific use permit,
may be more appropriate at this location and serve as a transitional buffer.
The applicant expressed a time concern if zoned ‘office (O)’ due to the fact
that this transaction is time sensitive for tax purposes. If it is zoned
“office” one additional month would be required to secure the specific use
permit necessary to operate drive-through functions in an ‘office (O)’
designation.
Staff recommended “office” designation but the Planning and Zoning Commission
recommended ‘general retail” as the applicant requested.
There being no further comments, Mayor de la Garza declared the public hearing
closed.
ORDINANCE ADOPTED ON FIRST READING ON THE ABOVE REZONING
The caption the ordinance was read.
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF HARLINGEN;
REZONING 1.427 ACRES OUT OF BLOCK 11, STUART PLACE SUBDIVISION
SURVEY 138 LOCATED ON THE WEST SIDE OF STUART PLACE ROAD NORTH OF
EXPRESSWAY 83 FROM ‘RESIDENTIAL, SINGLE FAMILY (R-1)’ 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: Gonzalez
Second: Meade
The motion carried by the following vote:
Aye: Gonzalez, Meade, Puente, Rodriguez
Nay: None
Abstained: Boswell (due to conflict of interest and did not participate in
any of the discussion)
RESOLUTION APPROVED IN SUPPORT OF THE LOWER RIO GRANDE VALLEY SEAWATER
DESALINATION PROJECT
Mayor de la Garza stated he received a letter from the Public Utilities Board
asking for the City’s support of a seawater desalination plant. The approval of
the resolution is not a firm commitment on the City’s part to choose
desalination as a supply, rather a statement of interest.
Mayor de la Garza commented that the long-term future of South Texas will depend
on its water supply.
Motion to approve resolution: Meade
Second: Puente
Motion carried unanimously.
INDUSTRIAL DISTRICT AGREEMENT WITH TEXAS GAS SERVICE RENEWED
Michelle Leftwich stated the City of Harlingen has in the past entered into
renewal agreements with those candidates whose first 7-year agreement has
expired. This renewal agreement is directly modeled after those contracts. 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 limit per the schedule provided.
Ms. Leftwich explained this item was tabled from the last meeting due to a
concern raised by Finance. Finance wanted the agreement to include language
providing for late payment. The company was contacted regarding this change and
they felt the company’s legal department had already agreed to the terms and
this would unnecessarily delay action on the agreement. As this company has not
been a problem late payer, Finance agreed to allow this agreement to be executed
as the others have previously been adopted. The language regarding late payment
will be added to future contracts.
Staff recommended approval.
Motion to renew industrial district agreement: Puente
Second: Gonzalez
Motion carried unanimously.
ORDINANCE ADOPTED ON FIRST READING AMENDING ORDINANCE NO. 03-50 TO REDUCE A
‘NO PARKING ZONE’ ON TYLER AVENUE FROM ITS INTERSECTION WITH 2ND STREET
EXTENDING 20 FT. WEST
Michelle Leftwich stated the “No Parking” zone at this location was placed
originally in 1997 when Knapp Chevrolet occupied the building and had large
delivery service trucks parking in this area frequently creating a visibility
problem. Now Central Air and Heating Service, Inc. is located in this building
and have requested that the zone match what is in front of City Hall across the
street. While staff cannot recommend that a handicapped zone be placed along the
first 30 feet because the handicapped access would be in a travel lane instead
of curbside, staff can recommend removal of 65 feet of the “No Parking” zone.
The City generally does not designate handicapped parking in public
rights-of-way for non-public buildings. The remaining 20 ft. will allow for
adequate sight distance for cars approaching Tyler Avenue headed south on 2nd
Street.
Staff recommended approval.
The caption of the ordinance was read.
AN ORDINANCE TO AMEND ORDINANCE NO. 03-50 TO REDUCE A ‘NO PARKING’
ZONE ON TYLER AVENUE FROM ITS INTERSECTION WITH 2ND STREET EXTENDING
20’ WEST; PROVIDING FOR PUBLICATION AND ORDAINING OTHER MATTERS
RELATED TO THE FOREGOING
Motion to adopt ordinance on first reading: Puente
Second: Boswell
Motion carried unanimously.
PROPERTY REFUNDS APPROVED
Ken Mitchell presented the following accounts for refunds due to overpayments:
19-4200-0010-0040-00
Garland Daniel Reed
$ 1,903.21
00-0100-0201-6768-20
T-Mobile USA Corp
$ 3,489.50
Motion to approve refunds as submitted: Boswell
Second: Puente
Motion carried unanimously.
RESOLUTION APPROVED AMENDING DEVELOPMENT CORPORATION BUDGET FOR FISCAL YEAR
2003-04
Ken Mitchell explained the budget projects revenues of $4,380,437 and
expenditures of $4,480,729. The amendment increases revenues for developers’
drainage fees in the amount of $5,332. Expenditures are being increased
$114,764, which includes $4,764 for the increased cost in the EchoStar parking
lot and $110,000 for the contract with Valley International Airport for Bax
Global and Menlo Worldwide Forwarding. Mr. Mitchell stated the Development
Corporation Board approved these amendments at their meeting of April 26.
Motion to approve resolution: Meade
Second: Gonzalez
Motion carried unanimously.
BOARD APPOINTMENTS
Commissioner Gonzalez appointed Charlie Perez to the Capital Improvements Board
and Luis de la Fuente to the Harlingen Proud Board.
Commissioner Boswell appointed Claudio Cruz to the Community Development
Advisory Board; June Ramirez to the Downtown Development District and Bruce
Larson to the Capital Improvements Board.
Motion to approve appointments: Meade
Second: Gonzalez
Motion carried unanimously.
Tommy Gonzalez informed the Commission he will be bringing information regarding
all the Board the City has and possibly asking for disbanding some of the Boards
that are no longer active.
Commissioner Gonzalez suggested having a reception honoring all the volunteers
that serve on a City board. If a reception would be too costly, then consider
giving them special recognition at a City Commission meeting.
REPORTS
Tommy Gonzalez informed the Commission of the grand opening of the Time Warner
Cable call center on May 6 at 5:30 p.m.; Blues on the Hill on May 8 at McKelvey
Park; a special City Commission meeting on May 13 at the Valley International
Airport to meet with representatives from Fitch.
He also informed the Commission the health insurance has gone out for Requests
for Proposals with a deadline of May 28 for them to be submitted. July 7 is the
date for the award of bid.
Commissioner Meade asked who will evaluate the proposals when they are
submitted. The City Manager replied staff will review the proposals and make a
recommendation to the City Commission.
There being no further business, the meeting adjourned at 6:30 p.m.
_____________________
Connie de la Garza, Mayor
Attest:
___________________________
Sylvia R. Trevino, City Secretary |