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REGULAR MEETING CITY COMMISSION HARLINGEN, TEXAS OCTOBER 15, 2003 A regular meeting of the Harlingen Elective Commission was held on Wednesday, October 15, 2003 at 5:30 p.m. in Town Hall, City Hall, 118 E. Tyler Street, Harlingen, Texas. Those in attendance were: Mayor and City Commission Absent: Staff Present: Mayor Pro Tem Puente called the meeting to order and stated notice of the meeting had been duly posted according to law. INVOCATION/PLEDGE OF ALLEGIANCE/WELCOME The Invocation was delivered by Dr. John Teer and the Pledge of Allegiance followed. Mayor Pro Tem Puente welcomed all to the meeting. CITIZEN COMMUNICATION Desi Martinez spoke on behalf of Vicky Roy regarding her drainage problem at her business on Lela Street and Commerce. He stated her problem is that there is a drainage box at the entry of her driveway and the properties north and south of her all drain into her property. The vacant lots surrounding her property all slope towards her property. He asked that the City do something to alleviate the problem. He commented she cannot be the drainage source for everyone in that area. MINUTES FOR APPROVAL: SPECIAL MEETING OF MAY 7, 2003, SPECIAL JOINT MEETING OF AUGUST 4, 2003 AND REGULAR MEETING OF OCTOBER 1, 2003 Motion to approve all sets of minutes as presented: Gonzalez
Motion to approve consent agenda: Rodriguez PUBLIC HEARING TO HEAR COMMENTS FOR OR AGAINST REZONING 8.64 ACRES OUT OF BLOCK 13, F. Z. BISHOP SUBDIVISION SURVEY 39 LOCATED ON THE WEST SIDE OF PALM COURT DRIVE SOUTH OF GARRETT ROAD FROM ‘NOT DESIGNATED (N)’ CLASSIFICATION OF ZONING TO ‘RESIDENTIAL, SINGLE FAMILY (R-1)’ CLASSIFICATION OF ZONING Mayor Pro Tem Puente declared the public hearing open. Curtis Hill, Senior Planner, explained the property is located on the west side of Palm Court Drive one mile south of Garrett Road. It has 549 feet of frontage on Palm Court Drive and a depth of 694 feet. The property to the northeast is zoned ‘residential, single family (R-1)’ while the property in all other directions is outside city limits. The applicant wishes to rezone the property to allow a single-family residential development. The property is proposed as South Palm Estates Subdivision, a 13-lot subdivision with the lots fronting on the interior street, Plumeria Lane. The subdivision plat received final approval by the Planning and Zoning Board on February 12, 2003. The subject property was annexed into the City of Harlingen in May, 2003. The request conforms to the future land use designation for the general areas as indicated in Harlingen’s Vision 2020 Comprehensive Plan. The rezoning request is consistent with the zoning pattern that has been established in the area. Staff recommended approval as did the Planning and Zoning Commission. There being no comments from the public, Mayor Pro Tem Puente 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 8.64 ACRES OUT OF BLOCK 13, F. Z. BISHOP SUBDIVISION SURVEY 39 LOCATED ON THE WEST SIDE OF PALM COURT DRIVE SOUTH OF GARRETT ROAD 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: Gonzalez PUBLIC HEARING TO HEAR COMMENTS FOR OR AGAINST THE ISSUANCE OF A SPECIFIC USE PERMIT TO ALLOW A BAR/LOUNGE IN A ‘GENERAL RETAIL (GR)’ CLASSIFICATION OF ZONING LOCATED AT 205 SOUTH ‘T’ STREET, BEARING A LEGAL DESCRIPTION OF LOTS 1 AND 2, 3L SUBDIVISION (At this time, Mayor Pro Tem Fuente gave special recognition to Cub Scout Pack 24 led by Scout Leader, Shawn Shroeder.) Mayor Pro Tem Puente declared the public hearing open. Curtis Hill stated the pie-shaped property consists of two lots located at the intersection of S. “T” Street and U. S. Expressway 77. It has 254 ft. of frontage on U.S.Expressway 77, 218 ft. of frontage on S. “T” Street and a depth of 139 ft. for a lot area of 0.509 acres. There is a 2,380 sq. ft. commercial building on the property that formerly housed the “Las Candiles Restaurant” and “Scorpios”. The adjacent zoning is ‘general retail (GR)’ to the north, west and south and ‘light industry (LI)’ to the east. The AEP/CPL service yard is located across the street to the east. The subdivision was recorded in 1990. In March 2002, the City Commission approved a specific use permit to Edward Weaver to operate a bar/lounge at this location under the name “Scorpio’s”. In May 2003, the City Commission approved a specific use permit to Ms. Martina Weaver to operate a bar/lounge at this location under the name “Scorpio’s”. However, it is now closed. Mary Lou Chavez and Irma Saldivar now wish to operate a bar/lounge at this location under the name “I-69 Sports Bar & Grill”. They wish to open from 4 p.m. to 12 a.m. on Monday through Friday, from 4 p.m. to 1 a.m. on Saturday and from noon to 12 a.m. on Sunday. It will feature live music twice a month; however, there will be no outdoor entertainment. The applicants will request a new beer/wine license through TABC. Based upon the seating of 74 persons and 2,380 sq. ft. of floor area of the bar/lounge, 37 parking spaces are required for this use and 37 parking spaces are provided. A bar/lounge is allowed in the ‘general retail (GR)’ district with a specific use permit that requires the public comment process. Staff recommended approval of the request as did the Planning and Zoning Commission. There being no comments from the public, Mayor Pro Tem Puente declared the public hearing closed. ORDINANCE ADOPTED ON FINAL 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 MARY LOU CHAVEZ AND IRMA M. SALDIVAR TO ALLOW A BAR/LOUNGE IN A ‘GENERAL RETAIL (GR)’ CLASSIFICATION OF ZONING LOCATED AT 205 SOUTH ‘T’ STREET BEARING A LEGAL DESCRIPTION OF LOTS 1 AND 2, 3L SUBDIVISION; PROVIDING FOR PUBLICATION AND ORDAINING OTHER MATTERS RELATED TO THE FOREGOING Motion to adopt ordinance on first reading: Gonzalez PUBLIC HEARING TO HEAR COMMENTS FOR AGAINST ADOPTING AN ORDINANCE NOMINATING ECHOSTAR COMMUNICATIONS CORPORATION AS AN ENTERPRISE PROJECT Mayor Pro Tem Puente declared the public hearing open. Curtis Hill stated Echostar Communications Corporation has requested that the City nominate their development as a qualified business eligible to receive Enterprise Project status through the Office of the Governor Economic Development & Tourism - Economic Development Bank (BANK). This ordinance is required to be submitted with the application sent to the BANK. This project will be considered by the State on a competitive basis with other projects submitted during this quarter ending December 1, 2003. If chosen, this will enable Echostar to apply for certain state sales and use tax rebates and a franchise tax reduction. Echostar has agreed to commit $8,250,000 in capital investment the first year and $500,000 in upgrade equipment purchases each year thereafter for the five year project term and will employ 1,000 new permanent jobs at their peak. They estimate that this designation will qualify them for $300,000 to $400,000 in recoverable taxes over the five year designation period. The local incentives the project is eligible to receive include: (A) all applications for state and federal funds on behalf of company will be
prioritized and expedited by City. The City of Harlingen is eligible to apply for no more than four Enterprise Projects per biennium. The current biennium began September 1, 2003 and this would be our first application of the biennium. Staff recommended approval. There being no comments from the public, Mayor Pro Tem Puente declared the public hearing closed. ORDINANCE ADOPTED ON FIRST READING ON THE ABOVE ENTERPRISE PROJECT The caption of the ordinance was read. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF HARLINGEN, TEXAS, ORDAINING THE CITY’S PARTICIPATION IN THE TEXAS ENTERPRISE ZONE PROGRAM PURSUANT TO THE TEXAS ENTERPRISE ZONE ACT, CHAPTER 2303, TEXAS GOVERNMENT CODE (ACT), PROVIDING TAX INCENTIVES, DESIGNATING A LIAISON FOR COMMUNICATION WITH INTERESTED PARTIES, AND NOMINATING ECHOSTAR COMMUNICATIONS CORPORATION TO THE OFFICE OF THE GOVERNOR ECONOMIC DEVELOPMENT & TOURISM (EDT) THROUGH THE ECONOMIC DEVELOPMENT BANK (BANK) AS AN ENTERPRISE PROJECT (PROJECT) Motion to adopt ordinance on first reading: Boswell PRELIMINARY IMPLEMENTATION PLAN FOR THE VOTER APPROVED BOND ISSUE PROJECTS APPROVED Roy Rodriguez asked that this item be tabled. He felt it was too important an item to discuss at a regular meeting and he felt it required discussion at a special workshop for all of the Commission’s input. He mentioned briefly moving some of the projects to earlier years such as the drainage. Motion to table item: Meade FIRE PROTECTION SERVICES CONTRACTS WITH THE CITIES OF COMBES, PRIMERA AND PALM VALLEY APPROVED Sig Cantu, Fire Chief, stated these are the annual contract renewals for fire protection services. The revenue for the City for 2003-04 is approximately $51,480 as per the following breakdown: Combes: $19,089 Staff recommended approval. Motion to approve renewal contracts: Boswell MASTER AGREEMENT FOR MUTUAL AID BETWEEN THE CITY OF HARLINGEN AND PARTICIPATING MEMBERS OF THE LOWER RIO GRANDE VALLEY DEVELOPMENT COUNCIL APPROVED Sig Cantu stated this agreement will authorize the combining of resources and manpower from first responders in Cameron, Willacy and Hidalgo Counties. The City may receive reimbursement from the City or County receiving aid for any loss or damage to or expenses incurred in the operation of any equipment. The agreement was approved by the LRGVDC Board of Directors on July 24, 2003. Mr. Rinaldi stated there is no cost involved with this agreement. Staff recommended approval. INTERLOCAL ASSISTANCE AGREEMENT FOR FIRE AND EXPLOSIVE INVESTIGATIONS APPROVED Sig Cantu explained this agreement provides for investigative cooperation with arson or suspected arson cases with City, County and other governmental agencies within the Counties of Hidalgo, Cameron and Willacy, Starr and Zapata. No fiscal impact is anticipated. Motion to approve interlocal assistance agreement: Meade ADJUSTMENT TO FIRE PROTECTION CONTRACT WITH CAMERON COUNTY EMERGENCY SERVICES DISTRICT FOR FY 03-04 APPROVED Sig Cantu explained an adjustment of $2,922.23 less in revenue on the annual fire protection contract with Cameron County ESD No. 1 was approved by the City Commission on September 3, 2003. The adjustment is necessary due to oversight by the Cameron County Appraisal District of city annexations thereby reducing projected revenues to the District. Staff recommended approval. Motion to approve adjustment to ESD contract: Rodriguez RESOLUTION IN SUPPORT OF THE RIO GRANDE STATE CENTER APPROVED Roy Rodriguez stated that House Bill 2292 mandates that 12 agencies, providers of health and human services, be reduced to five (5) with the Health and Human Services Commission standing alone and the remaining eleven (11) agencies being merged into four (4). Under the proposed reorganization, the Rio Grande State Center will be impacted severely. Mr. Rodriguez indicated that Mayor de la Garza requested this item be placed on the agenda for consideration. Motion to approve resolution: Rodriguez WRITE-OFF FOR K-MART, INC. APPROVED Ken Mitchell stated the account was previously under Chapter 11 bankruptcy.
The write-off is as follows: Staff recommended approval. Motion to approve write-off: Meade REFUND OF PROPERTY TAXES APPROVED Ken Mitchell stated the refund is due to a change in value as per Sec 42.41 of the Texas Property Tax Code. The account is 25-7765-0010-0010-00, Shamrock Adventure xxv LTD in the amount of $608.29. Motion to approve refund: Gonzalez BOARD APPOINTMENTS None REPORTS Commissioner Gonzalez announced the TML Region 12 quarterly meeting will be held tomorrow, October 16, at the San Benito Community Center. Roy Rodriguez briefed the Commission on upcoming employee enhancement benefits that will be brought to the Commission for approval. These will be recommendations to improve benefits with cost effective programs with little or no money in an effort to increase employee morale, reduce turnover and maximize work production. Commissioner Meade announced that Commissioner Gonzalez had been appointed President of Amigos Del Valle Board of Directors. Commissioner Gonzalez made a motion to go into Executive Session under Government Code Section 551.074 to discuss and deliberate the City Manager’s performance evaluation. Commissioner Rodriguez seconded the motion and it carried unanimously. EXECUTIVE SESSION UNDER GOVERNMENT CODE SECTION 551.074: DISCUSS AND DELIBERATE THE CITY MANAGER’S PERFORMANCE EVALUATION The Executive Session convened at 6:05 p.m. and concluded at 6:46 p.m. with no action taken. There being no further business, the meeting adjourned at 6:46 p.m.
____________________________ Frank Puente, Jr., Mayor Pro Tem
Attest:
________________________________ Sylvia R. Trevino, City Secretary
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