REGULAR MEETING



CITY COMMISSION                                                                                                                                                  HARLINGEN, TEXAS     
                                                                                                 
                                                                                                   June 2,
 2004


A Regular Meeting of the Harlingen Elective Commission was held on Wednesday, June 2, 2004 at 4:30 p.m. in Town Hall, City Hall, 118 E. Tyler Street, Harlingen, Texas. Those in attendance were:
 


Mayor and City Commission
Rick Rodriguez
J. J. Gonzalez
Jay Meade
Frank Puente, Jr.

Chris Boswell
Eddie Medrano


Staff Present:
Tommy Gonzalez              City Manager
Brendan Hall                     City Attorney
Sylvia R. Trevino              City Secretary

Mayor Rodriguez called the meeting to order and stated that notice of the meeting had been duly posted according to law.

Reverend Jennifer Bordenet delivered the Invocation.

Commissioner Meade made a motion to go into Executive Session under Government Code Section 551.071: consultation with Attorney to seek legal advice regarding the contract with the City Engineer. Commissioner Puente seconded the motion and it carried unanimously.

EXECUTIVE SESSION UNDER GOVERNMENT CODE SECTION 551.071; CONSULTATION WITH ATTORNEY TO SEEK LEGAL ADVICE REGARDING THE CONTRACT WITH THE CITY ENGINEER

The Executive Session convened at 4:32 p.m. and concluded at 4:49 p.m. with no action taken.

EXECUTIVE SESSION UNDER GOVERNMENT CODE SECTION 551.071, CONSULTATION WITH ATTORNEY; TO SEEK LEGAL ADVICE REGARDING PROCESS OF APPOINTING TRUSTEES TO THE UTILITY BOARD OF TRUSTEES

The Executive Session convened at 4:49 p.m. and concluded at 5:21 p.m. with no action taken.

EXECUTIVE SESSION UNDER GOVERNMENT CODE SECTION 551.071: CONSULTATION WITH ATTORNEY; TO SEEK LEGAL ADVICE REGARDING PROCESS OF BRINGING THE HARLINGEN WATERWORKS SYSTEM UNDER THE DIRECT CONTROL AND SUPERVISION OF THE CITY MANAGER

The Executive Session convened at 5:21 p.m. and concluded at 5:32 p.m. with no action taken.

EXECUTIVE SESSION UNDER GOVERNMENT CODE SECTION 551.074: PERSONNEL MATTERS; TO DELIBERATE THE EVALUATION AND DUTIES OF THE CITY MANAGER

The Executive Session convened at 5:32 p.m. and concluded at 5:42 p.m. with no action taken.

BOARD MEMBER RECOGNITION

Tommy Gonzalez explained this would allow for formal recognition of newly appointed Board members. They will be presented with a certificate of special recognition and have their picture taken with the Mayor and the appointing Commissioner. There was no member recognition for tonight.

CITIZEN COMMUNICATION

Ron Hoover, representing the Hotel/Motel Lodging Association, stated the Association is a group of hoteliers that have come together on their own accord to work in conjunction with the City to make sure that the hotel/motel taxes are being distributed as stated by law. They want to work closely with the City to ensure that they all benefit from the taxes collected.

Mr. Hoover stated that in the Tourism Task Force booklet, one of the recommendations was to put into place a committee to oversee and help in the disbursement of hotel/motel taxes to aid in producing the most return on their investment. He asked that the City allow the Association to take the lead or to be actively involved as part of this committee.

Commissioner Medrano asked that a copy of the Tourism Task Force report be provided to him.

Sylvia Cholick spoke about citizen action committees and their need and she indicated she would like to have an input into who should be Manager of the Humane Society.

MINUTES FOR APPROVAL – REGULAR MEETING OF MAY 19, 2004 AND SPECIAL MEETING OF MAY 24, 2004

Commissioner Gonzalez stated that the Mayor’s acceptance speech as referenced in the minutes of May 24 was missing.

Commissioner Medrano made a correction to Page 6 of the minutes of May 19. He corrected his comment to state: “Mr. Medrano further stated that the appraisal does not include the structure”.

Commissioner Meade made a motion to approve the minutes with the noted corrections. Commissioner Gonzalez seconded the motion and it carried unanimously.

SELECTION OF MAYOR PRO TEM

Commissioner Puente made a motion to select Commissioner Boswell as Mayor Pro Tem for 2004-05. Commissioner Medrano seconded the motion and it carried unanimously.

MANAGEMENT’S OPERATIONS REPORT

Tommy Gonzalez explained the first report was published a month ago and this month’s report is lengthier because it covers an entire month. Mr. Gonzalez pointed out the various sections to the report and he stated the report could be viewed at www.myharlingen.us.      Mr. Gonzalez gave special recognition to Liz Prado for compiling the document.

Mayor Rodriguez commended Mr. Gonzalez and staff for all the hard work. He commented that the report provides a lot of good information and is easy to read.

Commissioner Medrano asked that the report be provided to the Commission earlier than the day of the meeting and, if need be, an addendum could be added later.

Commissioner Gonzalez suggested including the legislative updates that the Texas Municipal League provides. Tommy Gonzalez stated that he would include anything else that the Commission wanted to include.

CONSENT AGENDA:
A.    ORDINANCE ADOPTED ON FINAL READING TO CONSIDER VOLUNTARY ANNEXATION OF
        APPROXIMATELY 8.296 ACRES OF LAND BEING COMPRISED OF THREE PARCELS DESCRIBED AS FOLLOWS:
        A. A TRACT CONTAINING 4.801 ACRES OF LAND SITUATED OUT OF BLOCK 72 AND 96, LON C. HILL
             SUBDIVISION
        B. A TRACT CONTAINING 2.381 ACRES OF LAND SITUATED OUT OF BLOCK 66, LON C. HILL SUBDIVISION
        C. A TRACT CONTAINING 2.381 ACRES OF LAND SITUATED OUT OF BLOCK 66, LON C. HILL SUBDIVISION
             (FUTURE LOTS IN WATER’S EDGE SUBDIVISION PHASES II AND III CURRENTLY BEING SUBDIVIDED
              AND LOCATED SOUTH OF EXPRESSWAY 77/83 AND WEST OF FM 801)
B.   ORDINANCE ADOPTED ON FINAL READING PLACING YIELD SIGNS ON COOLIDGE STREET YIELDING TO 3RD STREET
C.   ORDINANCE ADOPTED ON FINAL READING CLOSING WASHINGTON AVENUE FROM ‘K’ STREET AND ‘L’ STREET

Motion to approve consent agenda: Gonzalez
Second: Boswell
Motion carried unanimously.

PUBLIC HEARING TO REZONE 17.54 ACRES OUT OF BLOCK66, 71, 72 AND 96, LON C. HILL SUBDIVISION CONSISTING OF PHASES II AND III OF WATER’S EDGE SUBDIVISION, LOCATED WEST OF ED CAREY DRIVE BETWEEN MORRIS AND CHINABERRY ROADS FROM ‘NOT DESIGNATED (N)’ CLASSIFICATION OF ZONING TO ‘RESIDENTIAL, SINGLE FAMILY (R-1)’ CLASSIFICATION OF ZONING

Mayor Rodriguez declared the public hearing open.

Michelle R. Leftwich, Director of Planning, explained the property is located west of Ed Carey Drive in the proposed Water’s Edge Subdivision. The property is currently vacant. Most of the property included in this request is already inside the city limits. However, a portion of the property included in this request is currently undergoing fast-track annexation. The adjacent zoning is ‘residential, single family (R-1)’ to the north, east and south. The property adjacent to the west is outside the city limits of Harlingen.

In April 2003, the City Commission approved R-1 zoning for Phase I of Water’s Edge Subdivision.

The owner wishes to continue with subsequent phases of the subdivision and has undertaken the subdivision process under the name Water’s Edge Phases II and III for the subject property. All the lots will face the interior streets and are proposed for single-family residential use. It conforms to the low-density residential future land use indicated for the general area in Harlingen’s Vision 2020 comprehensive plan and will continue the trend of R-1 zoning in the general area.

Staff recommended approval as did the Planning and Zoning Commission.

There being no comments from the public, Mayor Rodriguez 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 17.54 ACRES OUT OF BLOCKS 66, 71, 72 AND 96, LON C. HILL SUBDIVISION LOCATED WEST OF ED CAREY DRIVE BETWEEN MORRIS AND CHINABERRY ROADS FROM ‘NOT DESIGNATED (N)’ CLASSIFICATION OF ZONING TO ‘RESIDENTIAL, SINGLE FAMILY (R-1)’ CLASSIFICATION OF ZONING; PROVIDING FOR PUBLICATION AND ORDAINING OTHER MATTERS RELATED TO THE FOREGOING
 

Motion to adopt ordinance on first reading: Puente
Second: Gonzalez
Motion carried unanimously.

PUBLIC HEARING TO REZONE LOT 12, BLOCK 100, HARLINGEN ORIGINAL TOWNSITE LOCATED AT 401 E. TAYLOR AVENUE FROM ‘RESIDENTIAL, SINGLE FAMILY (R-1)’ CLASSIFICATION OF ZONING TO ‘GENERAL RETAIL (GR)’ CLASSIFICATION OF ZONING

Mayor Rodriguez declared the public hearing open.

Michelle Leftwich stated the property is located at the northeast corner of E.Taylor Avenue and South 4th Street. The building on this lot formerly housed a Christian Science Reading Room, however, the building is now vacant and listed for sale. The adjacent zoning is ‘residential, multi-family (M-2)’ to the north, ‘residential, single family (R-1)’ to the east and south, and ‘general retail (GR)’ to the west.

The property was zoned ‘residential, single family (R-1)’ during comprehensive zoning in November 1974 and the former use was allowed as a use by right in that district. The applicant wishes to rezone the property and purchase it for use as a photography studio.

In planning practice, streets generally make better zone district boundaries than lots and in this case South 4th Street serves as the logical boundary separating ‘general retail (GR)’ and ‘residential, single family (R-1)’ zones. However, a photography studio is also allowed as a use by right in the ‘office (O)’ district which is a less intense category than the ‘general retail (GR)’ category.

Staff recommended approval, as did the Planning and Zoning Commission.

There being no comments from the public, Mayor Rodriguez declared the meeting 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 LOT 12, BLOCK 100, HARLINGEN ORIGINAL TOWNSITE SUBDIVISION LOCATED AT 401 E. TAYLOR AVENUE FROM ‘RESIDENTIAL, SINGLE FAMILY (R-1)’ CLASSIFICATION OF ZONING TO ‘OFFICE (O)’ CLASSIFICATION OF ZONING; PROVIDING FOR PUBLICATION AND ORDAINING OTHER MATTERS RELATED TO THE FOREGOING


Motion to adopt ordinance on first reading: Gonzalez
Second: Meade
Motion carried unanimously.

PUBLIC HEARING TO REZONE LOTS 1-4 AND 10-12, BLOCK 7, MCFETRIDGE SUBDIVISION LOCATED AT THE SOUTHWEST CORNER OF PICKENS AND KELLY AVENUE FROM ‘RESIDENTIAL, MULTI-FAMILY (M-2)’ CLASSIFICATION OF ZONING TO ‘GENERAL RETAIL (GR)’ CLASSIFICATION OF ZONING

Mayor Rodriguez declared the public hearing open.

Ms. Leftwich stated this is a city-initiated request located at the southwest corner of Pickens and Kelly Avenues. The majority of the lots are vacant. However, there are single-family residences on Lots 3 and 4. The adjacent zoning is ‘residential, multi-family (M-2)’ to the north and east, and ‘general retail (GR)’ to the south and west.

There have been no prior rezoning requests on these lots since they were zoned ‘residential, multifamily (M-2)’ in November 1974. At the April 14, 2004 Planning and Zoning Board meeting, the Board recommended approval of ‘general retail (GR)’ zoning for Lots 5-9, Block 7 and directed staff to do a city-initiated zoning for the remainder of the lots in Block 7. At the May 19, 2004 City Commission meeting, Lots 5-9, Block 7 were approved for ‘general retail (GR)’ zoning. This request will complete the rezoning of the remaining lots in Block 7 and establish Pickens and Kelly Avenues as new district boundary lines to the adjacent ‘residential, multi-family (M-2)’ district.

Staff recommended approval, as did the Planning and Zoning Commission.

There being no comments from the public, Mayor Rodriguez 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 1-4 AND 10-12, BLOCK 7, MCFETRIDGE SUBDIVISION LOCATED AT THE SOUTHWEST CORNER OF PICKENS AND KELLY AVENUES 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.

VARIANCE TO THE CITY OF HARLINGEN SUBDIVISION ORDINANCE NO. 01-01, SECTION 4.1.3 (J)(2) ON THE GARRETT’S CROSSING SUBDIVISION WITH REGARDS TO THE 100 FT OF RIGHT-OF-WAY REQUIRED FOR A MINOR ARTERIAL STREET (PALM BOULEVARD) GRANTED

Michelle R. Leftwich explained the proposed subdivision is located inside the city limits of Harlingen at the northeast corner of Garrett Road and Palm Boulevard. This subdivision consists of a 63 lot single-family residential development. The applicant is requesting a variance to the City’s subdivision ordinance. The City of Harlingen “Long Range Thoroughfare Plan” has designated Palm Boulevard as a minor arterial. The Subdivision Ordinance as well as the City of Harlingen “Long Range Thoroughfare Plan” requires 100’ of R.O.W. on a minor arterial street. The applicant has suggested that the proposed connection of Lewis Lane to Palm Boulevard cannot occur due to existing development and extreme curve designs that would be necessary in the road design. The request for a variance is to allow a 60’ right-of-way for a local street design.

Staff recommended approval only of a reduction of right-of-way to 80’ for a future collector road due to a future school development on this road.

Motion to grant variance as recommended by staff: Boswell
Second: Gonzalez
Motion carried unanimously.

Commissioner Medrano asked if staff had consulted with the School District concerning the width of the right-of-way. Ms. Leftwich replied yes.

PUBLIC HEARING TO RECOMMEND THE PROPOSED REVISIONS OF THE 2000 INTERNATIONAL BUILDING CODE, 2000 INTERNATIONAL ONE-TWO FAMILY DWELLING CODE, 2000 INTERNATIONAL RESIDENTIAL CODE, 2000 PLUMBING CODE, 2000 INTERNATIONAL FUEL GAS CODE, 2000 INTERNATIONAL MECHANICAL CODE, 2000 INTERNATIONAL PROPERTY MAINTENANCE CODE AND THE 2000 INTERNATIONAL FIRE CODE WITH REGARDS TO THE MAKEUP AND BYLAWS FOR THE CONSTRUCTION BOARD OF ADJUSTMENTS

Michelle Leftwich explained the request for proposed fees was removed from the ordinance. The proposed fees will be addressed at budget time.

She further stated that the Construction Board of Adjustment’s primary purpose is to address building demolitions. Staff works only on complaints when deciding to demolish a building. Though the Board is current, there has been difficulty obtaining a quorum and difficulty finding persons from the required specialty trades. Currently, every CBA member’s term has expired so now would be the ideal time to unify the language concerning the makeup of the Board and expand it to make it easier for the Commission to make appointments. The Board makeup will be similar to the Zoning Board of Adjustments but will specify the trades from which members shall come. There will be a regular Board of seven members and an alternate board of seven members. Each will have one professional engineer, one architect, one general contractor, one licensed mechanical contractor, one licensed plumber, one licensed electrician, and one citizen. This totals seven so the Mayor will have two appointments to each Regular and Alternate Board.

Staff would suggest the Mayor appoint the citizen positions for regular and alternate Boards. That would leave six professional appointments and the Mayor and Commissioners could draw lots for regular member appointment and alternate member appointment to determine which professions they will be responsible for appointing from here forward. When asked when lots would be drawn, Ms. Leftwich replied at the next meeting.

Commissioner Puente asked how long does the process for demolition take. Ms. Leftwich replied it usually takes 7-12 months from start to finish. When a complaint is submitted staff immediately notifies the owner to secure the property so as to avoid any entry into the building and the follow up is done by the Code Enforcement Office from the Building Inspections Department.

Commissioner Gonzalez asked that consideration being giving to changing the meeting time of the CBA from 10:00 a.m. to after hours. Most of the people on the Board work and that may be one of the reasons there is a difficulty reaching a quorum.

Commissioner Medrano asked why not restrict the membership to city residents only. Ms. Leftwich replied there are other boards that allow requirements of citizens who have vested interest as well. It could be a problem if it were restricted to Harlingen residents only.

Commissioner Medrano commented he has no problem as long as city revenues are not expended.

The caption of the ordinance was read.


AN ORDINANCE AMENDING ORDINANCE NO. 01-42 BY AMENDING SECTIONS OF THE 2000 EDITION OF THE INTERNATIONAL BUILDING CODES PUBLISHED BY INTERNATIONAL CODE COUNCIL, INC. BY AMENDING SECTION 112 BOARD OF APPEALS OF THE 2000 INTERNATIONAL BUILDING CODE, AMENDING SECTION R112 BOARD OF APPEALS OF THE 2000 INTERNATIONAL ONE-TWO FAMILY DWELLING CODE, AMENDING SECTION R112 BOARD OF APPEALS OF THE 2000 INTERNATIONAL RESIDENTIAL CODE, AMENDING SECTION 109 MEANS OF APPEAL OF THE 2000 INTERNATIONAL PLUMBING CODE, AMENDING SECTION 109 (IFGC) MEANS OF APPEAL OF THE 2000 INTERNATIONAL FUEL GAS CODE, AMENDING SECTION 109 MEANS OF APPEAL OF THE 2000 INTERNATIONAL MECHANICAL CODE, AMENDING SECTION 111 MEANS OF APPEAL OF THE 2000 INTERNATIONAL PROPERTY MAINTENANCE CODE, AND AMENDING SECTION 108 BOARD OF APPEALS OF THE 2000 INTERNATIONAL FIRE CODE; AND ORDAINING OTHER MATTERS RELATED TO THE FOREGOING
 

Motion to adopt ordinance on first reading with the amendment regarding the time change and deletion of increase in permit fees: Gonzalez
Second: Meade
Motion carried unanimously.

PUBLIC HEARING AND ORDINANCE ON FIRST READING TABLED AMENDING THE CITY OF HARLINGEN SUBDIVISION ORDINANCE 01-001, VARIOUS SECTIONS TO AMEND DEFINITIONS, REQUIRE ‘AS BUILT’ ELECTRONIC DRAWINGS, INCREASE NUMBER OF PLATS SUBMITTED, AMENDING ACCESS REQUIREMENTS FOR SUBDIVISIONS WITH MORE THAN 75 LOTS, SETTING MINIMUM FLOOD ZONE ELEVATIONS, ADOPTING STANDARDS FOR SUBDIVISIONS ON AN ANNEXATION PLAN, SETTING A STANDARD AMOUNT FOR STREET AND SIDEWALK ASSESSMENTS AND ADDING VARIOUS CLARIFICATIONS THROUGHOUT THE ORDINANCE

Commissioner Puente asked that this item be tabled to allow the Homebuilders Association to provide input.

Motion to table: Medrano
Second: Puente
Motion carried unanimously.

It was noted that the public hearing would need to be readvertised.

ORDINANCE ADOPTED ON FIRST READING TO ESTABLISH A ‘NO PARKING ZONE’ AT 916 WEST FILMORE

Michelle Leftwich stated the Templo Bethel Church is requesting a “No Parking Zone” in front of their property to allow them better visibility exiting their parking lot onto W. Filmore Avenue. High-profile vehicles parking next to their driveway hamper their visibility. The proposed zone would extend 20 ft. east and west along the north side of W. Filmore Avenue on either side of their existing 17 ft. driveway exit. Staff recommended approval.

The caption of the ordinance was read.


AN ORDINANCE TO ESTABLISH A ‘NO PARKING’ ZONE AT 916 WEST FILMORE EXTENDING 20 FEET EAST AND 20 FEET WEST ALONG THE NORTH SIDE OF WEST FILMORE ON EITHER SIDE OF THE EXISTING 27 FOOT DRIVEWAY; AUTHORIZING THE TOWING OF VEHICLES PARKED IN SAID ‘NO PARKING’ ZONE; ESTABLISHING A PENALTY NOT TO EXCEED $200.00 FOR VIOLATION OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING FOR PUBLICATION AND ORDAINING OTHER MATTERS RELATED TO THE FOREGOING
 

Motion to adopt ordinance on first reading: Gonzalez
Second: Puente
Motion carried unanimously.

PROPERTY TAX REFUNDS APPROVED

Ken Mitchell stated the refund request is for tax paid on inventory, furniture, fixtures and equipment for tax years 2001 and 2002. The property owner, Lawrence Hart, sold the business in March, 2000. The following accounts were approved for a refund:

00-0100-0101-5000-00                  2002 Lawrence Hart                $321.95
00-0100-0101-5000-00                  2001 Lawrence Hart                $324.93

Motion to approve property tax refunds: Medrano
Second: Puente
Motion carried unanimously.

ORDINANCE ADOPTED ON FIRST READING AUTHORIZING THE SALE OF SURPLUS PROPERTY BY PUBLIC AUCTION

Ken Mitchell explained that once a year unsalvageable surplus materials, vehicles, heavy equipment, from city departments and confiscated items by the Police Department are turned in as surplus to be considered for sale by auction. Bond & Bond Auctioneers and Realty will conduct the auction on July 24, 2004.

The caption of the ordinance was read.


AN ORDINANCE DESIGNATING SURPLUS PERSONAL PROPERTY OF THE CITY AND SUCH AUTHORIZING THE SALE OF SURPLUS PERSONAL PROPERTY BY PUBLIC AUCTION; PROVIDING FOR PUBLICATION AND ORDAINING OTHER MATTERS RELATED TO THE FOREGOING


Motion to adopt ordinance on first reading: Medrano
Second: Puente
Motion carried unanimously.

(3) COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING REHABILITATION DEFERRED LOANS/GRANTS AWARDED

Tammy DeGannes stated that one of the three applicants was interested in obtaining a loan for $15,000 only instead of a grant due to a medical illness. She stated that 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 three applicants were:

NAME                                                     GRANT/LOAN AMOUNT
Roberto & Juana Lozano                                 $ 25,030.00
314 E. Polk

Ofelio & Rosa Sanchez (deferred loan only)
510 N. Eye                                                      $ 15,000.00

David Sada
1206 South 1st                                                 $ 14,050.00

Motion to approve deferred loans and/or grants: Medrano
Second: Boswell
Motion carried unanimously.

CONTRACT WITH HUMANE SOCIETY AMENDED TO INCREASE MONTHLY ALLOCATION FROM $3,000 TO $4,500 TO HELP COVER COST OF HIRING A FULL-TIME SHELTER DIRECTOR

Dan Serna, Director of Environmental Health, explained that during the mid-year budget review a discussion was held to increase the monthly allocation to the Harlingen Humane Society to assist them in covering the salary to hire a full-time Animal Shelter Director/Manager. The current Director has been working at the Shelter on a volunteer basis for the past 15 years (without compensation) and will soon be unable to continue in this capacity due to health reasons. The Humane Society has been unsuccessful in recruiting a new volunteer to handle these responsibilities, therefore, the need for a paid full time Director. Staff recommended approval.

Motion to approve amendment to contract: Meade
Second: Puente
Motion carried unanimously.

CITY MANAGER AUTHORIZED TO ENTER INTO A LEASE AGREEMENT FOR TWO CITY OWNED BUILDINGS LOCATED AT 701 E. MADISON AND 104 W. TAYLOR

Dan Serna, Director of Public Buildings, explained Requests for Proposals were advertised for the lease of two city-owned buildings located at 701 E. Madison and 104 W. Taylor for the purpose of providing professional child care services to low/moderate income families in Harlingen. The current lease agreements with Elena Degges, d/b/a Harlingen Child Development Centers #1 and #2 will expire in July 2004 and August 2004, respectively. One bid was received and opened on May 24, 2004 and evaluated by city staff and found to be in compliance with all bid requirements.

Staff recommended that the proposal submitted by Richard Degges in the amount of $2,035.80 per month for 701 E. Madison and $1,566.90 per month for 104 W. Taylor be accepted and that the City Manager be authorized to enter into lease agreements with Mr. Degges for the two buildings.

Motion to accept staff recommendation: Gonzalez
Second: Puente
Motion carried unanimously.

Commissioner Medrano asked if staff knows if the facilities comply with State regulation of day care centers and if they are licensed and have insurance. Mr. Serna replied yes. Staff has copies of all documents.

AMENDMENTS TO THE BYLAWS FOR KEEP HARLINGEN BEAUTIFUL, INC. TABLED

Ruben Diaz, Director of Public Works, asked that this item be tabled. The Chairman of the Board is not able to be present tonight.

Motion to table the item: Medrano
Second: Boswell
Motion carried unanimously.

BID ACCEPTED AND CONTRACT AWARDED FOR THE STREET OVERLAY PROJECT UNDER BID NO. 2004-14

Ruben Diaz, Director of Public Works, stated the hot mix overlay would provide city streets with a new wearing road surface that protects the sub grade and extends the life of these twenty-three (23) city streets (5.4 miles).

Staff recommended the low bid submitted by Ballenger Construction in the amount of $353,905.14 be accepted.

Motion to accept staff recommendation: Boswell
Second: Gonzalez
Motion carried unanimously.

BID ACCEPTED AND CONTRACT AWARDED FOR STREET OVERLAY PROJECT, HUD GRANT B-02 THROUGH B-03-MC-48-0504 UNDER BID NO. 2004-13

Ruben Diaz explained the hot mix overlay will provide city streets with a new wearing surface that protects the sub grade and extends the life of 12 city streets (3.58 miles). Staff recommended the low bid submitted by Ballenger Construction in the amount of $149,293.73 be accepted.

Motion to accept staff recommendation: Meade
Second: Gonzalez
Motion carried unanimously.

BID ACCEPTED AND CONTRACT AWARDED FOR HOT MIX AND COLD MIX ASPHALTIC CONCRETE PAVEMENT MATERIAL UNDER BID NO. 2004-11

Ken Mitchell stated the hot and cold mix material is to be purchased on an as needed basis and used for street and alley repairs and in-house street overlay projects. The contract is for one year with a two-year option. A single bid was received from Frontera Materials, Inc. Prices are $32.65 per ton for hot mix and $37.50 per ton of cold mix, FOB Harlingen. Staff recommended that the single bid submitted by accepted.

Ruben Diaz commented that the money is also used for caliche asphalt and for storm sewer pipes. The bid received is a very reasonable bid.

Motion to accept staff recommendation: Meade
Second: Puente
Motion carried unanimously.

RESOLUTION APPROVED SUPPORTING 2004 VALLEY WATER SUMMIT INITIATIVES

Ruben Diaz, Director of Public Works, explained the resolution supports the development of a regional entity focused on the LRGV with broad representatives from all stakeholder groups and clear cut responsibilities to provide leadership on water supply issues. This action is a direct result of the first ever Valley Water Summit held in Harlingen on February 17, 2004 where over 300 participants took part in the development of regional strategies and the entire Valley. Staff recommended approval of the resolution.

Motion to approve resolution: Gonzalez
Second: Boswell
Motion carried unanimously.

BOARD APPOINTMENTS

Commissioner Gonzalez appointed Pat Wade to Harlingen Proud Board.

Mayor Rodriguez appointed Mario Medrano, Sr. to the Parks Advisory Board and Debbie Elizarde to the Utility Board of Trustees.

Commissioner Puente appointed Javier de Leon to the Capital Improvements Advisory Board.

Commissioner Medrano appointed the following:
Angela Abrego                  Capital Improvements Advisory Board
Sonia R. Casas                  Community Development Advisory Board
Rosemarie Norman            Library Advisory Board
Glenda Ledesma                Parks Advisory Board
Kathleen Woolam              Planning and Zoning Board
Lilly de la Rosa                  Traffic Safety Council

Motion to approve all appointments: Puente
Second: Gonzalez
Motion carried unanimously.

REPORTS

Budget Calendar
Tommy Gonzalez reminded the Commission the budget calendar is included in the Monthly Operations Report. July 13-15 are the dates for the work sessions and asked that they mark their calendars.

Open Government Seminar
Mr. Gonzalez informed the Commission that staff from every department would be attending the Open Government Seminar on Friday, June 4 while the Commission was having its Goal Setting Session.

Mr. Gonzalez commented a workshop regarding the status of the railroad relocation project would be held in the near future. It appears that the price for the relocation has decreased considerably.

Commissioner Gonzalez commended Sylvia Trevino, Veronica Medrano and Maria Valencia for the hard work and great job done with the recent election held. He reminded the Commission of the TML Region 12 Quarterly Meeting in Alamo on Thursday, June 3.

Commissioner Boswell commended Dan Serna, Tommy Gonzalez and Commissioner Gonzalez for their prompt attention to the situation recently published in the newspaper.

Mayor Rodriguez asked that the City Manager look into the feasibility of moving the recycling center from its present location.

There being no further comments, the meeting adjourned at 6:50 p.m. upon motion by Commissioner Meade and seconded by Commissioner Puente.

                                                                                                                      

City Secretary     Minutes