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REGULAR MEETING
CITY COMMISSION
HARLINGEN, TEXAS
June 16, 2004
A Regular Meeting of the Harlingen Elective Commission was held on Wednesday,
June 16, 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
Absent:
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.
INVOCATION/PLEDGE OF ALLEGIANCE/WELCOME
Dr. John Teer delivered the Invocation and the Pledge of Allegiance followed.
Mayor Rodriguez welcomed everyone present to the meeting.
WORKSHOP ITEMS
PRESENTATION ON IMPROVEMENTS IN THE PERMITTING PROCESS
Tommy Gonzalez explained this was being done in direct response to the Harlingen
Area Builders Association’s development issues.
Michelle R. Leftwich proceeded to give a power point presentation. In summary,
she presented the following:
Implementation of all changes will take place at the beginning of the new fiscal
year.
Enhancements in processes will improve turnaround time (10-day commercial permit
if all checklist items submitted)
Improve staff/resource efficiency
Provide a central permit contact, yet allow departmental experts to address
specific questions related to their areas of expertise
Provide never before offered services
On-line credit card payments
Permitting and inspection results available on-line
Escrow accounts
Ms. Leftwich stated that the bottom line is the improved turnaround time,
improved efficiency and provision of new services made possible through
The implementation of new in-house permitting system/tools and the new
free software system
Will save the contractors and the City time and money
Mayor Rodriguez asked if the Harlingen Waterworks would be part of the review
process. Ms. Leftwich replied not necessarily. The process is intended to expand
onto the subdivision review.
Tommy Gonzalez stated staff was waiting until October 1 to meet with the HABA
group and gather their input once the process is implemented. He commented that
an additional step to this process is that it will be included in the Director’s
evaluation that will allow for direct feedback from him with checks and balances
to correct any part of the process.
Comment was made that this new process was being implemented to address the
City’s image of not being ‘developer friendly’. Any additional input would be
welcomed. Tommy Gonzalez stated staff was already looking at some issues and has
started looking at others. One issue was the resource guide that goes with the
process, which was not included initially.
Commissioner Gonzalez stated that not all the developers belong to HABA. How
would they get word of this? Ms. Leftwich replied the Valley Morning Star would
be very helpful with media coverage and a database and/or email lists would be
created. She stated she was going to try to reach everyone as best she could and
she reminded the Commission that the developers meetings are still held on
Thursdays.
PRESENTATION ON THE STATUS OF THE RAILROAD RELOCATION PLAN
Pete Sepulveda, Bridge/Transportation Director, Lyle Hamm representing United
Pacific Railroad, John Hudson, consultant for the railroad relocation project
were present to update the Commission on the railroad relocation plan.
Judge Hinojosa gave a brief background on how this project originated. He stated
that during the course of the planning to remove the railroad tracks from the
middle of the City of Brownsville, it became obvious that the solution would be
to remove track lines of Brownsville but would not be Brownsville only. It would
impact 80% of the population of Cameron County. The issue in Harlingen was the
railroad interference through Harlingen and San Benito. An effort was undertaken
to included all affected parties: Harlingen, San Benito, Union Pacific and
Brownsville.
John Hudson provided a summary of the feasibility study for the north rail
relocation project and the alternate proposal that was being considered.
Lyle Hamm presented a proposal relating to the relocation of the switchyard to
Olmito, which is something that can be implemented fairly early in the plan.
Gabriel Gonzalez indicated that the City would sell ¼ of the City bonds in
2005-2008 that were allocated for this project. The only funds on hand at this
time are $1 million from Congress to begin the environmental assessment. The
advance funding agreement is pending and it will take approximately one year to
complete the environmental assessment but any local dollars still need a federal
match. The local cost can be split among the impacted entities. Harlingen
already has their money but Cameron County and San Benito have to come up with
their share.
Further discussion followed. A question was raised as to the time line to
complete the project. Mr. Hudson replied 3-5 years because once you secure the
$20 million from the feds you have to look at the whole picture, proceed with
the environmental, permit phase, enter into a contract to design the project,
award the contract, etc.
When discussing the various phases of the project, a comment was made that the
relocation of the switchyard can be done faster and it can be done during the
time that the environmental assessment is being conducted.
Mayor Rodriguez suggested that a meeting be set up to strategize and determine
who to meet with to move the project forward.
PRESENTATION ON THE PRELIMINARY REPORT ON HIGH DEMAND JOBS
Martha Valdez, Sr. Trainer and Consultant with World Class Training Resources,
distributed a handout reflecting municipal wages for high demand jobs. She also
submitted a 2004 Municipal Wage and Salary Survey. Ms. Valdez explained she
asked several cities to participate in the salary survey and the discrepancies
were due mostly to seniority pay, which Harlingen does not have. She stated she
would not have the all the benefits information until June 25 and would have
additional reports at that time.
Gabriel Gonzalez commented staff has asked for comparisons in salaries from
McAllen and Brownsville for purposes of this meeting tonight but would have
other Valley averages by June 25. A complete analysis is being prepared that
will look at all benefits for all high demand positions.
CITIZEN APPEARANCES
BOARD MEMBER RECOGNITION
Tommy Gonzalez stated this new process is being implemented to give Board
members (volunteers) special recognition. Presented with certificates of special
recognition were:
Mario Medrano – Parks Board
Debby Elizarde – Utilities Board of Trustees
Angela Abrego – Capital Improvements Advisory Board
Absent: Kathy Woolam and Lilly de la Rosa
CITIZEN COMMUNICATION
Dr. Edward Orjitham asked that the Commission continue to stand by their
decision not to fund Planned Parenthood. He stated there is a good consensus
from the community that are unconditionally opposed to abortions, scientifically
and morally and feel the same way about not funding Planned Parenthood.
Rosemarie Hermann, Executive Director of Planned Parenthood, asked that the
Commission reconsider their decision and make a motion to fund $6,000 for the
Planned Parenthood “Positive Directions” program. This program does not promote
abortions but rather parenting skills to mothers and preventative health
services. She asked that the Commission consider amending the CDBG budget.
Commissioner Meade suggested offering that part of the program to another large
health organization. Ms. Hermann stated she was open to any suggestions but
would continue to seek the support of the City Commission.
SPECIAL RECOGNITION
Tommy Gonzalez stated that Pilar Corpus was being recognized for her efforts in
trying to assist some employees who were being attacked by a swarm of bees. She
disregarded her own safety to help the two sanitation employees. Had it not been
for her quick action the men may have been hospitalized.
The following individuals were presented special recognition certificates for
the work done and their efforts with a situation that arose at Treasure Hills.
Victor Gonzalez, Jr.
Sabino Padilla
Antonio Rodriguez
Benito Segura, Jr.
Tony Ambriz, Jr. (absent)
Juan Perea (absent)
Jon Jon Banda
Sergio Munoz (absent)
Margarita Garcia
Guadalupe Rojas (absent)
Mr. Gonzalez stated that while administrative staff was given the praise, it was
the employees who did the work
PRESENTATION BY CAMERON COUNTY REGARDING THE FORMATION OF THE CAMERON COUNTY
REGIONAL MOBILITY AUTHORITY
Judge Hinojosa briefed the Commission on the creation of a Regional Mobility
Authority for Cameron County. He explained that an RMA is a new concept recently
created in the State of Texas passed by the Texas Legislature to deal with the
demand for funding for large infrastructure projects in Texas. This would serve
as an alternative source of funding for major transportation needs due the
decreased funding from state and federal sources. The RMA is a governmental
entity created by the Texas Transportation Commission through a petition
generated by a County and the RMA is a five to seven member board that will have
the authority to build major transportation projects in the community funded
through a combination of tolls and state funding. He stated the RMA will work
with the Metropolitan Planning Organization and the County is committed to this
project to benefit all of Cameron County. He explained he would be coming back
to the Commission later in the fall to address administrative funding issues
that need to be resolved to initiate the RMA. The RMA will be working very
closely with the Metropolitan Planning Organization. He stated toll roads are
coming and there is a need for an RMA. If there is no RMA the funding for major
transportation projects in the State of Texas will go to those communities first
that have RMAs where there is large local participation.
CONSENT AGENDA
MINUTES FOR APPROVAL – REGULAR MEETING OF JUNE 2, 2004
Motion to approve minutes as presented: Boswell
Second: Puente
Motion carried unanimously.
ORDINANCE ADOPTED ON FINAL READING REZONING 17.54 ACRES OUT OF BLOCK 66, 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
ORDINANCE ADOPTED ON FINAL READING REZONING LOT 12, BLOCK 100, HARLINGEN
ORIGINAL TOWNSITE LOCATED AT 401 E. TAYLOR A VENUE FROM ‘RESIDENTIAL, SINGLE
FAMILY (R-1)’ CLASSIFICATION OF ZONING TO ‘GENERAL RETAIL (GR)’ CLASSIFICATION
OF ZONING
ORDDINANCE ADOPTED ON FINAL READING 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
ORDINANCE ADOPTED ON FINAL READING ESTABLISHING A ‘NO PARKING ZONE’ AT 916 WEST
FILMORE AVENUE
ORDINANCE ADOPTED ON FINAL READING DESIGNATING SURPLUS PERSONAL PROPERTY AND
AUTHORIZING THE SALE OF SURPLUS PERSONAL PROPERTY BY PUBLIC AUCTION
Motion to adopt consent agenda (ordinances): Puente
Second: Boswell
Motion carried unanimously.
FINANCE
ORDINANCE ADOPTED ON FINAL READING TO AMEND THE 2003-04 FISCAL YEAR BUDGET
Ken Mitchell, Director of Finance, stated the ordinance includes the increases
and decreases discussed earlier in the Six Month Budget Review. The major
changes are:
General Fund – revenues increased by $197,470 and expenditures increased by
$196,492
MPO – revenues increased by $44,953 (including unallocated funds from original
grant award) and expenditures increased by $44,953)
Special Investigations – revenues increased by $777,968 (including estimated
fund balance before adjustments) and expenditures by $185,430
Los Indios Bridge – revenues increased by $180,235 (including estimated fund
balance before adjustments) and expenditures increased by $17,000
Municipal Auditorium – revenues increased by $18,000 and expenditures increased
by $18,000
Sanitation Fund – revenues decreased by $51,240 and expenditures decreased by
$101,000
The prior year encumbrances are an increase in this year’s expenditures for
purchase orders issued in the prior fiscal year but payments were not made until
this fiscal year.
Mr. Mitchell stated that there are some actions that do not change the amount
budgeted but do require the Commission’s approval. He explained that Planning
and Development proposes making the GIS Technician position (currently vacant) a
part time position and using the savings to contract part of the work to TSTC.
By contracting critical portions of the work there will be a continuity of work
when there is turnover of the employee in the position. Golf Course proposed
changing two part-time laborer positions (currently vacant) to four seasonal
laborer positions. The total dollars (hours worked ) will be the same, but this
provides more hours when needed for maintenance of the golf course (Spring and
Summer) and less hours when maintenance requirements are lower in the Fall and
Winter.
The caption of the ordinance was read.
AN ORDINANCE AMENDING THE BUDGET FOR THE CITY OF HARLINGEN,
TEXAS, FOR THE FISCAL YEAR OCTOBER 1, 2003 THROUGH SEPTEMBER 30,
2004. TOTAL BUDGET REVENUES WILL INCREASE TO $46,764,592 AND
EXPENDITURES WILL INCREASE TO $47,531,118; PROVIDING FOR
PUBLICATION AND ORDAINING OTHER MATTERS RELATED TO THE FOREGOING
Motion to adopt ordinance on final reading: Boswell
Second: Gonzalez
Motion carried unanimously.
CONTRACT WITH LINEBARGER, GOGGAN, BLAIR & SAMPSON, LLP FOR COLLECTION OF
DELINQUENT PROPERTY TAXES APPROVED AND AUTHORIZATION TO THE MAYOR TO SIGN THE
CONTRACT GIVEN
Ken Mitchell stated the proposed contract is for a three-year period.
Compensation for the services is controlled by state law (15% of all taxes,
penalty and interest collected). Staff recommended approval of the contract.
Motion to approve contract as recommended by staff: Meade
Second: Puente
Motion carried unanimously.
CONTRACT WITH LINEBARGER, GOGGAN, BLAIR & SAMPSON, LLP FOR COLLECTION OF
(CURRENT) PROPERTY TAXES APPROVED AND AUTHORIZATION TO THE MAYOR TO THE SIGN THE
CONTRACT GIVEN
Ken Mitchell stated the proposed contract is for a three-year period. The rate
per account for collection is $2.50 per year one, $2.75 for year two, and $3.00
for year three. Cameron County rate for collection is 1% of total tax levy and
1% of penalty and interest collected. A comparison of the tax collection options
was discussed. There is significant savings by contracting with Linebarger,
Goggan, Blair & Sampson, LLP (40.8% for year one, 39.5% for year two and 38.6%
for year three). The rate for collection by Linebarger is contingent upon them
also receiving the contract for collection of delinquent taxes. Because of the
significant savings, staff recommends contracting with Linebarger, Goggan, Blair
& Sampson, LLP.
Motion to approve contract as recommended by staff: Puente
Second: Boswell
Motion carried unanimously.
CITY OF HARLINGEN’S COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR FISCAL YEAR
2002-03 APPROVED
Motion to table this item: Puente
Second: Gonzalez
Motion carried unanimously.
Item tabled due to the City’s auditor not being present at the meeting.
Tommy Gonzalez stated that the management letter did bring up some issues, which
have been addressed.
PROPERTY TAX REFUNDS APPROVED
Ken Mitchell explained the refunds are due to overpayments. He presented the
following refunds for approval.
25-2550-0030-0010-00
Agustin de la Rosa, Jr.
$ 718.19
16-6170-0010-0320-00
John & Teresa Lightner
$3,409.89
16-4790-0020-0060-00
Israel & Janie Rodriguez
$1,152.63
98-4243-0010-0140-00
Samuel R. Sparks, III
$3,073.86
Motion to approve property tax refunds: Boswell
Second: Gonzalez
Motion carried unanimously.
ORDINANCE ADOPTED ON FINAL READING ON 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
Michelle R. Leftwich explained the changes requested by the Commission have been
addressed in the revised ordinance. The change in fees was deleted and the
ordinance reflects the meetings will be held at 5:30 p.m. on the third Tuesday
of each month or as needed. Staff would request that the City Commission pull
lots this evening to assign which professions they will be responsible for
appointing to the Board.
Staff recommended approval of the ordinance on final reading.
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 final reading: Boswell
Second: Gonzalez
Motion carried unanimously.
INDUSTRIAL DISTRICT AGREEMENT (RENEWAL) WITH MESA PRECISION GRINDING APPROVED
Michelle R. Leftwich stated that 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.
Language has been added to address payments not made in a timely manner to allow
for penalty and interest as applied to delinquent taxes under the Texas Property
Code in this contract. 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 a set schedule.
Staff recommended approval.
Motion to approve renewal of the Industrial District Agreement with Mesa
Precision Grinding: Boswell
Second: Gonzalez
Motion carried unanimously.
INDUSTRIAL DISTRICT AGREEMENT (RENEWAL) WITH THE ONETA COMPANY DBA VALLEY
BOTTLE WATER COMPANY DBA SUNRISE VENDING ACTING THROUGH K & J LANDS APPROVED
Michelle R. Leftwich explained this is the same as the previous item. All of the
provisions of the Industrial District Agreement are the same.
Staff recommended approval.
Motion to approve renewal of the Industrial District Agreement with The Oneta
Company d/b/a Valley Bottle Water Company: Boswell
Second: Gonzalez
Motion carried unanimously.
BIDS ACCEPTED AND CONTRACT AWARDED FOR GEOGRAPHIC INFORMATION SYSTEM SERVICES
PROJECT UNDER BID NO. 2004-16
Michelle R. Leftwich stated the contract would be to complete an address layer
for the current GIS base map used for planning and engineering purposes. The
ability to obtain current address information by clicking on a parcel will
provide more accurate notification for public hearing items. It will also begin
to allow the base map to be functional for other departments such as the Health
Department. Staff recommended approval of the low bid submitted by S & B
Infrastructure in the amount of $19,996.44.
Motion to approve staff recommendation:
Second:
Motion carried unanimously.
RESOLUTION APPROVED FOR THE ONE-YEAR ACTION PLAN (BUDGET) FOR FY 2004-05
(YEAR 30) OF THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND FISCAL
YEAR 2004-05 (YEAR 10) OF THE HOME INVESTMENT PARTNERSHIP PROGRAM (HOME)
Tammy DeGannes, Community Development Coordinator, stated that in compliance
with HUD regulations, the City Commission of the City of Harlingen approved the
Proposed Budget for the One Year Action Plan on April 21, 2004. During the
30-day comment period, a Special Public Hearing was held on May 11, 2004 before
the Community Development Advisory Board at which time they were available to
listen to the various comments related to the One-Year Action Plan. She outlined
the funding as:
FY 04-05 CDBG allocation is expected to be:
$1,149,000.00
FY 04-05 HOME allocation is expected to be:
424,177.00
Anticipated Program Income is expected to be:
90,846.00
$1,664,023.00
RESOLUTION APPROVED ACCEPTING FEDERAL AVIATION ADMINISTRATION’S AMENDMENT NO.
ONE TO GRANT AGREEMENT FOR PROJECT NO. 3-48-0101-36-02 TO INCREASE FUNDING BY
$42,633 TO BRING THE NEW TOTAL OF THE GRANT TO $5,428,848 TO COVER ELIGIBLE COST
OVERRUNS
Michael Browning, Director of Aviation, explained that the City Commission
previously approved Resolution No. 02R-27 accepting the Federal Aviation
Administrations’ grant No. 3-48-0101-36-02 in the amount of $5,386,215. The
actual construction costs for the Rehabilitation of Taxiway Foxtrot exceeded the
original budget. The Federal Aviation Administration has approved the Airport’s
request to amend the original grant by the remaining unfunded balance of
$42,633. Mr. Browning stated the Airport Board recommended approval of the
grant’s amendment.
Motion to approve resolution: Meade
Second: Gonzalez
Motion carried unanimously.
BOARD APPOINTMENTS
Commissioner Gonzalez stated he would have an appointment to the Harlingen Proud
Advisory Board at the next meeting.
Mayor Rodriguez appointed Armando Elizarde to the Planning and Zoning Commission
(replaces John Van Wyk).
Motion to approve appointment by Mayor Rodriguez – Puente
Second: Gonzalez
Motion carried unanimously.
A drawing of lots for the required professions for the Construction Board of
Adjustments was held. The drawings were as such:
Mayor Rodriguez – General contractor (regular)
Licensed plumber (alternate)
Plus (2) citizens – (1) regular and (1) alternate
Commissioner Gonzalez – Licensed Mechanical Contractor (regular)
Professional Engineer (alternate)
Commissioner Meade – Licensed Plumber (regular)
Licensed Electrician (alternate)
Commissioner Puente – Architect (regular)
Licensed Mechanical Contractor (alternate)
Commissioner Boswell – Licensed Electrician (regular)
General Contractor (alternate)
Commissioner Medrano – Professional Engineer (regular)
Architect (alternate)
REPORTS
Tommy Gonzalez reminded the Commission of the next Blues on the Hill on
Saturday, June 19, 2004.
Commissioner Meade made a motion to go into Executive Session under Government
Code Section 551.071; consultation with Attorney to seek legal advice regarding
annexation issues with the City of San Benito. 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 ANNEXATION ISSUES WITH THE CITY OF SAN
BENITO
The Executive Session convened at 6:45 p.m. and concluded at 7:30 p.m. with no
action taken.
There being no further business, the meeting adjourned at 7:30 p.m.
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Rick Rodriguez, Mayor
Attest:
____________________________________
Sylvia R. Trevino, City Secretary
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