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REGULAR MEETING CITY COMMISSION HARLINGEN, TEXAS NOVEMBER 5, 2003 A regular meeting of the Harlingen Elective Commission was held on Wednesday, November 5, 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 that notice of the meeting had been duly posted according to law and he confirmed a quorum was present. INVOCATION/PLEDGE OF ALLEGIANCE/WELCOME Dr. John Teer delivered the Invocation and the Pledge of Allegiance followed led by Mayor Pro Tem Puente. Mayor Pro Tem Puente welcomed all present to the meeting. PRESENTATIONS: Proclamation – Municipal Courts Week: Presented to Ken Mitchell, Director of Finance and Elvia Trevino, Assistant Director of Finance. Proclamation – National Alzheimer’s Disease Awareness Month: presented to Claudio Cruz, Executive Director, National Alzheimer’s Association. Free Trade Bridge Reports – Pete Sepulveda reported bridge crossings at the Free Trade Bridge at Los Indios totaled 183,203 for the fourth quarter of the fiscal year 2003. Crossings for the months of July, August and September FY 2003 show a decrease of 2,954 or 2% over the same months in FY 2002. Revenue at the Free Trade Bridge totaled $486,604.13 for the fourth quarter of the fiscal year 2003. Revenue for the months of July, August, and September FY 2003 shows an increase of $66,610.17 or 17% over the same months in FY 2002. Mr. Sepulveda further stated crossings for this quarter totaled 183, 203 representing a 2% decrease over the same time period last fiscal year. Revenues for this quarter were up by 17% compared to the second quarter of last fiscal year. Transmigrante traffic continues to be very steady. The reason for the decrease in crossings and increase in revenues can be attributed to the toll rate increase implemented last October. Two significant things occurred during September. The U. S. Department of Commerce approved the expansion of the foreign trade zone to the free trade commerce center. 750 acres at the industrial park have been designated a foreign trade zone, which means each zone for individual tracts can be activated according to a particular company’s needs. Secondly, U. S. Customs advised the trade community that effective January 2004 they will have the STEP program available to the commercial and industrial users. This program will be offered at the Free Trade Bridge. Roy Rodriguez asked how do the crossings and revenues for the Free Trade Bridge compare to the other bridges. Mr. Sepulveda replied for the fiscal year, the crossings for the FTB were down by 5%, while the Gateway Bridge was down by 9% and the Veterans Bridge was down by 8%. The McAllen-Hidalgo bridge crossings were down 11% for the year. Mr. Sepulveda attributed this to people from Mexico not coming across as often. Most of the traffic is local visitors making several trips and now they are crossing maybe once instead of three times daily. Mr. Sepulveda commented the holiday season should bring about an improvement. Mr. Sepulveda further reported on the US VISIT/Homeland Security mandate from Congress. He stated various cities are adopting resolutions in order not to have a negative impact on the economy when implemented without local participation. There is a possibility that a high ranking individual from Homeland Security will be in Cameron County in the next week or two to address a forum to hear their plans. There are several things that will need to occur prior to implementation, primarily improving the entry system. The federal government needs to work with us to have the same process as for the Canadians at their border entries. At this time, Mayor Pro Tem Puente, recognized Mitch McCormick and Kathyrn Ulhorn, Scout Masters with the Scout Troop that was present at the meeting as a requirement for their citizen merit badge. CITIZEN COMMUNICATION Willis Parsons, Independent Associate with Pre-paid Legal Services, was present to voice his concern for not being selected as the employees’ legal services provider. He stated his company would provide the services for $15.95/month through payroll deduction. He asked if the company that was chosen had any local representatives and he also asked how were the companies rated. He was of the opinion that since his company was already providing the services to employees of the Police Department, why not consider the same company for the rest of the employees. Mr. Parsons commented that the company that was selected had a higher price. He asked that staff reconsider his proposal. Mr. Roy Rodriguez advised Mr. Parsons he would be glad to show him the scoring of the companies that submitted proposals. Furthermore, the company that was selected had local attorneys, which was more important to have than a local representative. MINUTES FOR APPROVAL – REGULAR MEETING OF OCTOBER 15, 2003 Motion to approve minutes as presented: Meade CONSENT AGENDA:
Motion to approve consent agenda: Gonzalez PUBLIC HEARING TO HEAR COMMENTS FOR OR AGAINST THE REZONING OF 34.966 ACRES OUT OF SURVEY 286 LOCATED ON FM 106 EAST OF FM 509 FROM ‘NOT DESIGNATED (N)’ CLASSIFICATION OF ZONING TO ‘LIGHT INDUSTRY (LI)’ CLASSIFICATION OF ZONING Mayor Pro Tem Puente declared the public hearing open. Curtis Hill, Senior Planner, explained the property is located on the north side of FM 106 ½ mile east of FM 509. The tract has ½ mile of frontage on FM 106 and a depth of 500 feet. The property is currently vacant. The adjacent zoning is ‘not designated (N)’ to the west. The property to the north, east and south is outside city limits. The property was annexed into the city limits in 1979. There have been no rezoning requests on the property since that time. The owner wishes to rezone the property to allow an industrial development. The tract is part of a larger 105-acre parcel that has been proposed for subdivision under the name Arroyo Heights Industrial Park Subdivision. The master plan for the 105-acre tract indicates a 39-lot industrial park with lots fronting on FM 106 as well as the interior streets. The request conforms to the future land use indicated for the general area in Harlingen’s Vision 2020 Comprehensive Plan. City water and sewer service is available to the property; however, infrastructure requirements will be undertaken as part of the subdivision process. 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 34.966 ACRES OUT OF SURVEY 286, LOCATED ON FM 106 EAST OF FM 509 FROM ‘NOT DESIGNATED (N)’ CLASSIFICATION OF ZONING TO ‘LIGHT INDUSTRY (LI)’ 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 REZONING OF 1.595 ACRES OUT OF BLOCK 94, HARLINGEN LAND AND WATER COMPANY SUBDIVISION LOCATED AT 2101 NORTH 25TH STREET FROM ‘NOT DESIGNATED (N)’ CLASSIFICATION OF ZONING TO ‘GENERAL RETAIL (GR)’ CLASSIFICATION OF ZONING Mayor Pro Tem Puente declared the public hearing open. Curtis Hill explained the property is located on the west side of North 25rh Street just north of Rio Hondo Road. The tract has 193 ft. of frontage on 25th street and a depth of 346 feet. There is a residential structure on the property. The adjacent zoning is ‘general retail (GR)’ to the north, ‘planned development (PD)’ to the east, both ‘not designated (N)’ and ‘residential, multi-family (M-2)’ to the south and ‘residential, single family (R-1)’ to the west. The surrounding land uses are single and multi-family residential and institutional uses. The TSTC student housing is located further to the east. The tract was zoned ‘not designated (N)’ in November 1974 during city wide comprehensive zoning. There have been no rezoning requests on the property since that time. In December 2001, the City Commission approved ‘general retail (GR)’ zoning for the adjacent tract to the north, however, the use has not developed on that property. The owner wishes to rezone the property to allow commercial development and had earlier indicated he wished to operate an eight-liner arcade at this location. If the rezoning is approved, the owner must make the necessary improvements to the property to bring it into compliance with zoning and building codes prior to commercial occupancy. The request is of a higher intensity than the medium-density residential future land use indicated for the area in Harlingen’s Vision 2020 comprehensive plan. However, it is consistent with the zoning pattern that has developed on this section of 25th Street further to the north and south. 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 1.595 ACRES OUT OF BLOCK 14, HARLINGEN LAND AND WATER COMPANY LOCATED AT 2101 NORTH 25TH STREET FROM ‘NOT DESIGNATED (N)’ 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: Meade
Commissioner Gonzalez commented that according to the minutes of the Planning and Zoning Commission, eight liner machines are legal but the arcades keep getting raided. Mr. Rodriguez explained the arcades that are getting raided are operating illegally in the way they pay out their prizes. PUBLIC HEARING TO HEAR COMMENTS FOR OR AGAINST THE REZONING OF BLOCK 1, EXCUTIVE PLACE SUBDIVISION NO. 1; LOT 1, BLOCK 1, MAGIC VALLEY S. AND L. SUBDIVISION, AND BLOCK 1, WENDY’S SUBDIVISION LOCATED AR 401, 501 AND 601 SOUTH DIXIELAND ROAD FROM ‘NOT DESIGNATED (N)’ CLASSIFICATION OF ZONING TO ‘GENERAL RETAIL (GR)’ CLASSIFICATION OF ZONING Mayor Pro Tem Puente declared the public hearing open. Curtis Hill explained this is a city-initiated request consisting of three contiguous lots at the southeast corner of Dixieland Road and U. S. Expressway 83 frontage road. Combined, the lots have 616 ft. of frontage on Dixieland Road and a depth of 197 feet at the deepest point and they total 1.72 acres. Wendy’s Restaurant and IBC offices and drive through are located on the subject property. The adjacent zoning is ‘planned development (PD) district to the east and ‘general retail (GR)’ to the west. Valle Vista Mall is adjacent to the east. The property was annexed into the City in December 1981. In 1982 and 1983 the City Commission approved ‘general retail (GR)’ and ‘planned development (PD)’ zone changes for adjacent properties. Due to the abandonment of ‘old Dixieland Road on the east side of these properties and the realignment of ‘new Dixieland Road to the west side, an out parcel was created. In 1984, the out parcel was subdivided into the three subject lots and the zoning map was inadvertently changed at some point to reflect that the three lots were zoned ‘general retail (GR)’. Recently in the conversion from a paper zoning map to an electronic version, staff discovered the error and this item is now on the agenda to correct the oversight. The request conforms to the future land use indicated for the general area in Harlingen’s Vision 2020 comprehensive plan. The request is consistent with the surrounding zoning pattern. 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 BLOCK 1, EXECUTIVE PLACE SUBDIVISION NO. 1: LOT 1, BLOCK 1, MAGIC VALLEY S. AND L. SUBDIVISION; AND BLOCK 1, WENDY’S SUBDIVISION, LOCATED AR 401, 501, AND 601 S. DIXIELAND ROAD FROM ‘NOT DESIGNATED (N)’ 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: Rodriguez Commissioner Gonzalez asked how were the properties being taxed if they are zoned non-designated. Curtis Hill replied they are being taxed as commercial properties in general retail. PUBLIC HEARING TO HEAR COMMENTS FOR OR AGAINST AMENDING THE ‘PLANNED DEVELOPMENT (PD)’ SITE PLAN FROM RESIDENTIAL, MOBILE HOME TO RESIDENTIAL, SIGNLE FAMILY FOR LOT 9, COTTONWOOD CREEK SUBDIVISION NO. 1 LOCATED AT 1314 MAPLE AVENUE Mayor Pro Tem Puente declared the public hearing open. Curtis Hill stated the property is located within Cottonwood XXI, a 55 and over retirement community located on Ed Carey Drive south of U. S. Expressway 77/83. The lot dimensions are 50 ft. x 90 feet. The lot is currently vacant; however, a single-family residence, which had a fire, was formerly on the lot. The adjacent zoning is ‘planned development, residential, mobile home (PD)’ district in all directions. The property was annexed into the City i1983 and in December of that year the City Commission approved ‘planned development, residential, mobile home (PD)’ district zoning for the entire community. The subdivision plat was recorded in 1984 showing a total of 149 lots on the interior streets and subsequently mobile homes were placed on several lots. At some point after that building permits were issued for site built homes as well as zero-lot garden homes. The community covenants and restrictions no longer allow mobile homes to be placed on the vacant lots. In April 2003, the City Commission approved a site plan amendment for 50 lots that were owned by the original developer. However, this lot was not included in that request. The owner wishes to amend the site plan to allow a house to be rebuilt on the lot. It is proposed to have a 20-ft. front setback, 5-ft. side setbacks and an 11-ft. 9 in. rear setback. The city’s position is that no additional building permits can be issued until the original site plan is amended to accommodate the desired housing type. The request is consistent with the surrounding land use pattern and zoning pattern that has developed in the area. It conforms to the low-density residential future land use designation for the general area as indicated in Harlingen’s Vision 2020 Comprehensive Plan. There being no comments from the public, Mayor Pro Tem Puente declared the public hearing closed. ORDINANCE ADOPTED ON FIRST READING ON THE ABOVE The caption of the ordinance was read. AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF HARLINGEN; AMENDING THE ‘PLANNED DEVELOPMENT (PD)’ SITE PLAN FROM ‘RESIDENTIAL, MOBILE HOME TO RESIDENTIAL, SINGLE FAMILY FOR LOT 9, BLOCK 3, COTTONWOOD CREEK SUBDIVISION NO. 1 LOCATED AT 1314 MAPLE AVENUE; PROVIDING FOR PUBLICATION AND ORDAINING OTHER MATTERS RELATED TO THE FOREGOING Motion to adopt ordinance on first reading: Meade Commissioner Gonzalez asked how many lots are left to be rezoned. Mr. Hill replied there are about 80 lots and the residential community is working on amending the entire community’s zoning. PUBLIC HEARING TO HEAR COMMENTS FOR OR AGAINST DESIGNATING A ‘2-HOUR PARKING ZONE’ AT 118 E. TYLER AVENUE Curtis Hill stated there is currently one ‘handicapped parking’ sign in front of City Hall the length of this block. A 2-hour designated parking would better facilitate customer service by preventing people who intend to have business at City Hall all day from parking in this area, but rather utilizing the city parking lot across 2nd Street. Staff recommended approval as did the Traffic Safety Council. There being no comments from the public, Mayor Pro Tem Puente declared the public hearing closed. ORDINANCE ADOPTED ON FIRST READING ON THE ABOVE ‘2-HOUR PARKING ZONE’ The caption of the ordinance was read. AN ORDINANCE TO ESTABLISH A ‘2-HOUR PARKING’ ZONE ON 118 E. TYLER AVENUE FROM ITS INTERSECTION WITH COMMERCE STREET TO ITS INTERSECTION WITH 2ND STREET; AUTHORIZING THE TOWING OF VEHICLES PARKED IN SAID ‘2 HOUR PARKING’ ZONE; ESTRABLISHING 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: Meade PUBLIC HEARING TO HEAR COMMENTS FOR OR AGAINST REPLACING YIELD SIGNS ON LAFAYETTE AVENUE YIELDING TO ‘B’ STREET WITH STOP SIGNS Mayor Pro Tem Puente declared the public hearing open. Curtis Hill stated Zavala Elementary School is located on the southwest corner of this intersection and a Harlingen police officer has requested that the existing yield signs be replaced by stop signs to better address the safety of school children in this area. While no accidents have been reported at this intersection, the traffic counts indicate sufficient volumes of traffic on “B” Street to justify upgrading the existing yield signs to stop signs at this intersection. Staff recommended approval as did the Traffic Safety Council. There being no comments from the public, Mayor Pro Tem Puente declared the public hearing closed. ORDINANCE ADOPTED ON FIRST READING ON THE ABOVE The caption of the ordinance was read. AN ORDINANCE TO REPLACE TWO YIELD SIGNS ON LAFAYETTE AVENUE YIELDING TO ‘B’ STREET WITH TWO (2) STOP SIGNS ON EAST BOUND AND WEST BOUND LAFAYETTE AVENUE; ESTABLISHING A FINE NOT TO EXCEED $200.00 FOR THE DRIVER OF ANY MOTOR VEHICLE WHO FAILS TO STOP AND YIELD THE RIGHT-OF-WAY IN OBEDIENCE TO THE STOP SIGNS HEREIN AUTHORIZED; 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 PLACING STOP SIGNS ON CAREY STREET AT LAKE SHORE DRIVE, ON LAKE SHORE DRIVE AT WILLMAN STREET, ON PROSPERITY COURT AT LAKE SHORE DRIVE, AND ON FAITH COURT AT LAKE SHORE DRIVE Mayor Pro Tem Puente declared the public hearing open. Curtis Hill stated the Lake Shore Estates Subdivision is located at the southwest corner of Wilson Road and U. S. Expressway 77. The subdivision was originally developed as an 81-lot mobile home community; however, it is not an age-restricted park and there are several families with small children. A resident of the subdivision voiced concern about lowering the speed limit or erecting speed bumps in the subdivision due to speeding vehicles and children playing in the street. A site visit revealed that a 30-mph speed limit sign, the lowest allowed, is posted in the neighborhood; however, staff all noted that there is a lack of regulatory signs at several “T” intersections in the subdivision. Other than a pole missing a stop sign on Lake Shore Drive at Willman, it is uncertain whether any stop signs ever existed at these locations. Staff has determined the need for the placement of four (4) stop signs at these locations because there is no regulatory sign installed. Staff recommended approval as did the Traffic Safety Council. There being no comments from the public, Mayor Pro Tem Puente declared the public hearing closed. ORDINANCE ADOPTED ON FIRST READING ON THE ABOVE The caption of the ordinance was read. AN ORDINANCE AUTHORIZING THE PLACEMENT OF FOUR (4) STOP SIGNS IN LAKE SHORE ESTATES SUBDIVISION; ONE ON CAREY STREET YIELDING TO LAKE SHORE DRIVE; ONE ON LAKE SHORE DRIVE YIELDING TO LAKE SHORE DRIVE; ONE ON PROSPERITY COURT YIELDING TO LAKE SHORE DRIVE; ESTABLISHING A FINE NOT TO EXCEED $200.00 Motion to adopt ordinance on first reading: Gonzalez CITY MANAGER AUTHORIZED TO ENTER INTO INTERLOCAL AGREEMENT WITH CAMERON COUNTY FOR THE EXTENSION OF DIXIELAND DRIVE Ruben Diaz, Director of Public Works, explained the County and the City of Harlingen agree to perform the following services for the extension of Dixieland Drive:
The funds will come from the 2003 bond issue. The extension of Dixieland Drive will improve the mobility of Harlingen residents from Rangerville Road to Expressway 77/83 and Valle Vista Mall. Staff recommended approval. Motion to authorize City Manager to enter into interlocal agreement:
Gonzalez RESOLUTION APPROVED AMENDING THE PERSONNEL POLICY TO REVISE CHAPTER VI, SECTION 3 (SICK LEAVE) AND SECTION 4 (REIMBURSEMENT FOR LEAVE UPON TERMINATION) Gloria Flores, Director of Human Resources, explained that with regards to revision 1: Chapter VI, Section 4: reimbursement for leave upon termination: Currently, the employees who terminate employment are eligible to receive sick leave pay, regardless of the time they were employed. The following is proposed: 1. Non-civil service employees, hired after November 5, 2003 and who terminate their employment after two years of service with receive sick leave pay. 2. Police and Fire employees, hired after November 5, 2003 who terminate their employment after one year of service, will receive sick leave pay. Regarding revision 2: Well Pay Program: This is an optional incentive for eligible full time employees to receive up to a maximum of five sick days paid per fiscal year at $50 per day. This program would commence November 1, 2003. Eligible employees who elect this option would receive a payment check the second pay period in November, 2004. It was noted that the two revisions will result in short-term and long-term savings as well as enhance employee benefits, increase employee morale, and maximize work production. Staff recommended approval of the revisions to Chapter VI, Sections 3 and 4 of the Personnel Policy. Motion to approve resolution: Meade ORDINANCE ADOPTED ON FIRST READING TO AMEND THE CITY’S BUDGET FOR FISCAL YEAR 2003-04 Roy Rodriguez stated the City has been awarded a COPS/UHP Grant to partially fund ten additional police officers for three years. The total salaries and fringe benefits expected for the first year are $181,040. Of this amount, the grant will provide $128,660 and the City must provide $52,380. This budget amendment establishes the COPS/UHP Grant Fund and authorizes the transfer of $52,380 from the General Fund to the COPS/UHP Grant Fund. It also approves the additional expenditure of $168,836 for equipment, training and three vehicles for the officers from the Special Investigation Fund. Staff recommended approval of the ordinance. 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, 708, 832 AND EXPENDITURES WILL INCREASE TO $47, 108, 586; PROVIDING FOR PUBLICATION AND ORDAINING OTHER MATTERS RELATED TO THE FOREGOING. Motion to adopt ordinance on first reading: Meade WRITE-OFF APPROVED FOR BUGLE BOY PREVIOUSLY UNDER CHAPTER 11 BANKRUPTCY Ken Mitchell explained the debtor was previously under Chapter 11 bankruptcy. The bankruptcy proceedings have been completed and final payment has been received. The remaining balance is uncollectible. The account number is 00-0100-0033-7052-00 for the year 2000 in the amount of $551.72. Staff recommended approval. Motion to approve write-off as recommended by staff: Meade REFUND OF PROPERTY TAXES APPROVED Ken Mitchell explained the refund request is due to a correction (decrease) in value. The account number is 00-0100-0176-6495-02 for the year 2002 in the amount of $8,258.20. Staff recommended approval. Motion to approve refund: Gonzalez BOARD APPOINTMENTS Commissioner Gonzalez reappointed Gloria Casas and Lupita Muniz to Harlingen Proud. Motion to approve appointments: Meade REPORTS Commissioner Gonzalez reminded everyone of the Texas Municipal League Conference in San Antonio on November 19-22, 2003. Roy Rodriguez informed the Commission of the training on Weapons of Mass Destruction tomorrow; Youth Leadership on Monday, November 10 @ 2:00 p.m.; Special City Commission meeting on November 12 @ 11:30 a.m.; HEB Press Conference for Feast of Sharing on November 12 @ 10:30 a.m. and Development Corporation on November 18, 2003. There being no further business, the meeting adjourned at 6:35 p.m.
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