|
REGULAR MEETING CITY COMMISSION HARLINGEN, TEXAS NOVEMBER 19, 2003 A regular meeting of the Harlingen Elective Commission was held on Wednesday, November 19, 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 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 Dr. JohnTeer delivered the invocation and the Pledge of Allegiance followed. Mayor de la Garza welcomed all present to the meeting. CITIZEN COMMUNICATION Vicky Roy addressed the Commission regarding the drainage situation at her place of business. She commented how one Commissioner at the last meeting had acted very unprofessional in his attitude towards her. She is the third largest employer in Harlingen and his attitude was uncalled for. Also, she commented on the increase of property taxes and what a difficult time she had with one of her properties. When she bought it was taxed at a certain rate and before she even finished construction on it the taxes increased tremendously. She stated that while City officials are trying to lure big businesses in town they are losing those that own businesses in Harlingen and are residents of Harlingen. Ms. Roy stated she is going to be approaching the officials of the Cameron County Appraisal District regarding the high taxes on properties. Ms. Roy suggested that the City consider waiving taxes for those property owners that have vacant buildings during the time they are not occupied. She stated the voice of the taxpayers would not disappear. Mayor de la Garza informed her that all ad valorem taxes are governed by State law. There is nothing that City officials can change except set the tax rate and Harlingen has the lowest tax rate in the Valley. The Cameron County Appraisal District is also governed by State law. Roy Rodriguez stated he and staff members met with Ms. Roy immediately the next day after she expressed her concerns with the drainage and there are some options for improvements in the bond issue. There are federal funds for the immediate area and the drainage will need to be diverted under the railroad. Mr. Rodriguez stated staff would continue to address the drainage issue in that area. MINUTES FOR APPROVAL – REGULAR MEETING OF NOVEMBER 5, 2003 Motion to approve minutes as presented (with no corrections): Meade PUBLIC HEARING TO CONSIDER GRANTING OR DENYING THE APPEAL OF THE PLANNING AND ZONING COMMISSION’S DENIAL OF A SPECIFIC USE PERMIT TO ALLOW A RESTAURANT WITHOUT A DRIVE THROUGH SERVICE IN AN ‘OFFICE (O)’ CLASSIFICATION OF ZONING LOCATED AT 2107 HALE DRIVE, BEARING A LEGAL DESCRIPTION OF LOT 6, BLOCK 19, TREASURE HILLS SUBDIVISION UNIT NO. 2 Mayor de la Garza declared the public hearing open. Curtis Hill, Senior Planner, explained the property is located on the north side of Haine Drive 140 ft. west of Clifford Drive. The lot is 65 ft. wide by 120 ft. deep. There is a 30 ft. wide service alley on the east side of this property. There is a vacant 2,450 sq. ft. commercial building on the property. The adjacent zoning is ‘residential, multi-family (M-2)’ to the north and ‘office (O)’ district to the east, south and west. The Heart Clinic is adjacent to the west, the Southwest Eye Clinic is adjacent to the east and the Treasure Hills Presbyterian Church is across the street to the south. The property was zoned “office (O)’ district in May, 1987. There have been no specific use permits issued on the property since that time. The applicant wishes to operate a restaurant serving Mediterranean/Latin American cuisine daily for lunch from 11:30 a.m. to 3 p.m. and from 6 p.m. to 10:30 p.m. on Thursday, Friday and Saturday evenings for dinner. They wish to apply to TABC for a beer/wine license. The parking requirement for restaurants is one space for every three (3) seats or every 250 square feet of dining area, whichever is higher, plus one space for each employee on the maximum shift. Based on the floor plan submitted with the application indicating 44 seats and factoring in the proposed four employees would result in a parking requirement of 19 parking spaces. The property has six parking spaces in front and seven in the back; however, the angled parking spaces on the side of the building are not in compliance as they are on City right-of-way. On-site the establishment is under parked by six (6) parking spaces. A restaurant without drive through service is allowed in the ‘Office (O)’ district with a specific use permit that requires the public comment process. At the October 8, 2003 Planning and Zoning meeting several persons spoke both for and against the request and the Board voted unanimously to disapprove the request. On October 17, 2003 the applicant filed a written appeal to the decision of the Planning and Zoning Board. The appeal included new information that was not available at the Planning and Zoning Board consisting of a contract from Treasure Hills Presbyterian Church to lease the applicant ten (10) parking spaces and a traffic count study on Haine Drive conducted by the TEDSI Infrastructure Group and paid for by the applicant. Staff recommended denial of the request, as did the Planning and Zoning Commission. Maria del Carmen Justo-Grana, the applicant, stated she has lived in Harlingen for 17 years, her children are now grown and she is trying to fulfill her dream of opening a restaurant. She approached the Planning Department and was told the she could have a restaurant at the location by applying for a specific use permit. She stated she proceeded to do what was necessary and at the Planning and Zoning meeting there were people present totally against her having a restaurant. The main concern was the parking and she acquired additional parking spaces from the Church. She stated she had also paid for a traffic study. The traffic congestion on Haine and Ed Carey occurs during the time that she will not be open for business. Ms. Grana was of the opinion she does not see a problem with the parking concerns or the traffic. She felt she is not being treated fairly and yet she is complying with all requirements. She commented she was not aware that a decision was going to be based on the neighbors’ feelings. “I don’t understand the opposition”. She stated her restaurant would be paying sales tax into the community whereas the Drs’ clinics do not. Wanda Garcia, business partner to Ms. Grana, stated she would like a list of the property owners on the block. She stated there has been a concern over crossing the street and she indicated there is a crosswalk 15 ft. away. She asked where is justice for their side? To comply with the parking requirements they obtained a lease agreement with Treasure Hills Presbyterian Church for additional spaces. They want an answer as to why their specific use permit was denied. Rod Miller, Executive Director of the Valley Diagnostic Clinic, stated the Clinic has been in Harlingen for 50 years, has 140 employees, 16 medical Doctors and 100,000 medical records. There are extreme problems with parking that they have gone to identification tags for parking. There needs to be more restaurants in Harlingen but not in the medical community. Mr. Miller presented to the City Secretary a petition with 145 signatures opposing the specific use permit. He stated his fear is that the restaurant patrons will be using their parking lot. He is concerned that patient care and patient safety will suffer if this appeal/request is granted. Cindy Worley, representing the Heart Clinic, stated the Doctors at the clinic are in favor of the restaurant but their primary focus is patient care, especially now that the Winter Texans are coming in and they need to be able to park close to the Clinic. Dr. John Howe spoke against the location of the restaurant stating that patient care will be adversely affected. This area should remain office zoned. Their main concern is traffic congestion. He has verbally asked patrons not to park in the alley and the Valley Diagnostic Clinic has roped off their parking lot with chains. His experience is that people will park closest to their destination. All these issues were argued at the Planning and Zoning Commission meeting and they understood the problem. The 2107 building is not suitable for a restaurant. He recommended the zoning stay the same and the specific use permit be denied. Reverend Charles Palmer stated he was not sure where the problem lies. He offered Ms. Grana additional parking spaces behind his church for use by her employees in order for her to have sufficient parking for her customers. He has always formed a relationship with his neighbors and has worked with the Valley Diagnostic Clinic regarding parking concerns. Commissioner Puente asked if there are sufficient parking spaces for the restaurant. Mr. Curtis Hill replied there are not enough parking spaces on site. The location requires additional parking spaces. They need 19 spaces and they only have 13. Terri Carmona, representing the property owner, stated the current zoning is office but it appears the trend in the area is going towards commercial. It is a high traffic area what with the School, the Reata Apartments, the Sierra Apartments. Every house on the block will be turned into office and the parking will need to be addressed at that time. She commented that the Commission consider or think about changing the zoning to commercial. She stated the proposed restaurant would be very similar to the Magnolia Grill that is inside the hospital. Rod Miller stated his employee parking is full. When the Winter visitors come in the parking lot will be even more full. The patient parking for the Valley Diagnostic Clinic is closer to the restaurant and parking will be a problem. It is just a bad location for a restaurant. There being no further comments, Mayor de la Garza declared the public hearing closed. ORDINANCE FAILED 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 ALLOW A RESTAURANT WITHOUT A DRIVE THROUGH SERVICE IN AN ‘OFFICE (O)’ CLASSIFICATION OF ZONING LOCATED AT 2107 HAINE DRIVE, BEARING A LEGAL DESCRIPTION OF LOT 6, BLOCK 19, TREASURE HILLS SUBDIVISION UNIT NO. 2; PROVIDING FOR PUBLICATION AND ORDAINING OTHER MATTERS RELATED TO THE FOREGOING Motion to adopt ordinance on first reading: Rodriguez Under discussion, Commissioner Puente agreed that patient care is a priority. The problem sounds like ‘not in my neighborhood’ attitude. He understands the traffic situation as well but if the Church is willing to help out Ms. Grana, why can’t we help? It is very disturbing to him that members of the community are against this issue. Is there any way we can mediate this especially since the Church is willing to help out? He asked if on street parking is allowed. Roy Rodriguez replied the City only controls off-street parking. There was discussion on the size of parking space. Also discussed was the 30 ft. service alley between the two properties that cannot be used for parking spaces. The angle spaces between the two neighbors overlap each other and there is not enough backup space Yvette Cano explained to Commissioner Puente the parking situation that exists with the property proposed for the restaurant and the surrounding properties and the relationship to the alley and the angle parking spaces. Chuey Ramos, member of the Planning and Zoning Commission, stated the reason they turned down the specific use permit was because they did not want to set a precedent. The additional parking is behind the Church not in front. There is a set of rules to follow and based on those rules and regulations the P & Z decided to turn it down. This is a request for a specific use permit not for a rezoning. Gene Campos, member of the Planning and Zoning Commission, stated he concurs with Mr. Ramos comments. “Either we stick to the rules or we don’t and start borrowing parking lots. The City forced the Catholic Church to do a parking lot because it was a requirement and the Church complied. When P & Z members vote on an issue they vote on the contents and requirements of ordinances.” The City Attorney was asked what issues he had with the terms of the lease agreement for the additional parking spaces. Mr. Hall replied he has a concern with the length of time. It is a 30-day agreement of termination by either party. At minimum, after the restaurant opens, the specific use permit would disappear. The second issue is the lease agreement is a 12-month lease with an option for five years. Commissioner Boswell affirmed that the applicant does not meet the criteria for office, however, with a specific use permit, she would and if the SUP were granted, the Commission would be making an exception. Mayor de la Garza asked Mr. Rod Miller if it was correct that if anyone trespassed in the Valley Diagnostic Clinic parking lot, they would be prosecuted. Mr. Miller replied yes. Commissioner Rodriguez commented he did not see where or why there was a problem. He was of the opinion that no one was going to die over the lack of parking spaces. He stated people share parking lots all the time. He felt there should be a way to accommodate the applicant’s request for a specific use permit. Commissioner Boswell, directing his comments to the applicant, stated he did not want them to get the impression this was a personal denial to her. He simply could not support the ordinance on first reading granting the specific use permit. He would like to see the area maintain the integrity of a medical area It is not a personal issue. He applauds what the applicant is trying to do but he is concerned with what the Catholic Church was required to do and they complied. Mayor de la Garza commented the issue is where do we draw the line. “We are a country of rules. The Planning and Zoning Commission denied it and if the Commission overrules it, it is an indication that we do not trust this committee of citizens.” There was question of whether it would require 4/5ths vote to overturn the P & Z’s decision. It was noted there is a no provision as it relates to an appeal. The vote was as follows:
Mayor de la Garza broke the tie vote by voting Nay. CONSENT AGENDA:
Motion to approve consent agenda: Boswell RESOLUTION APPROVED ENDORSING THE BORDER TRADE ALLIANCE ON THE US-VISIT PROGRAM AND LASER VISA REFORMS Mayor de la Garza stated the resolution endorses the position on the US VISIT Program. It is the opinion of the BTA as well as cities along the border that the US VISIT Program will have a negative impact to the border as it is currently written. All that is being asked is the same parity as with the Canadians when they cross the border and a bill has been introduced to that effect. Motion to approve resolution: Rodriguez RESOLUTION APPROVED SUSPENDING THE EFFECTIVE DATE OF AEP’S REQUESTED RATE CHANGES, APPROVING COOPERATION WITH OTHER CITIES WITHIN AEP’S SERVICE TERRITORY, AUTHORIZING INTERVENTION IN THE RATE PROCEEDING AT THE PUC, AND REQUIRING REIMBURSEMENT OF THE CITIES’ RATE CASE EXPENSES Brendan Hall explained this is part of the process Harlingen and f our other cities, including McAllen, started earlier this year when the Commission passed a resolution giving notice of the City’s intent to inquire into AEP’s transmission and distribution rate. As a result, AEP filed to increase the electricity rates. The proposed resolution suspends the new increased rates AEP intends to put into effect. In order to stop these increased rates from going into effect and to appeal and seek a lowering of the rates, this resolution must be passed. Staff recommended approval. Motion to approve resolution: Meade USE OF PUBLIC CHANNEL 17 BY THE HARLINGEN CONSOLIDATED INDPENDENT SCHOOL DISTRICT AND PROGRAMMING POLICY APPROVED Roy Rodriguez, City Manager, explained Time Warner Cable makes the Channel available through the franchise agreement with the City of Harlingen. Dr. Wade, Superintendent of Schools, further explained that Channel 17 would be used by HCISD in order to promote scholastic and sporting events and be used as part of their curriculum. The Channel comes at no cost to the City of Harlingen and will provide the City a venue for giving information to the public in the event of natural or man made emergency. Staff recommended approval. The HCISD Board of Trustees approved the policy at their meeting of November 11. Mayor de la Garza noted that no costs to the City would be incurred for this channel . Motion to approve use of public channel as recommended by staff:
Rodriguez CONTRACT WITH THE HARLINGEN AREA CHAMBER OF COMMERCE TO MANAGE AND OPERATE THE RIO GRANDE VALLEY MUSEUM TABLED Roy Rodriguez recommended this item be tabled due to no one from the Chamber being present. He wanted to be able to give the Chamber an opportunity to present their comments regarding this item. Motion to table item: Rodriguez WRITE-OFF OF UNPAID LOAN BALANCE BY TENNYSON GROUP, LTD AND/OR OPTIVELO CORPORATION AND T. G. HOLDINGS, INC. APPROVED Ken Mitchell, Director of Finance, explained this action is necessary for accounting purposes and was approved by the Development Corporation at their Board meeting on October 28,2 003. The amount of the write-off is $19,787.56 Staff recommended approval as did the Development Corporation. Motion to approve write-off amount of $19,787.56: Meade
MUTUAL RELEASE AND SETTLEMENT AGREEMENT BETWEEN THE DEVELOPMENT CORPORATION, CITY OF HARLINGEN AND TRUCKERS TERMINAL, LLP APPROVED Ken Mitchell stated the original loan amount to Truckers Terminal was $30,000 of which they paid back $7500. Brendan Hall stated that Truckers Terminal is experiencing some financial problems and they have agreed to a negotiated payment (settlement) of $15,000. The money is in a trust fun and will be paid to the City upon execution of the Mutual Release and Settlement agreement. Motion to approve mutual release and settlement agreement: Boswell BOARD APPOINTMENTS Commissioner Puente reappointed Lupe Gonzalez to the Traffic Safety Council. Motion to approve appointment: Meade Second: Puente The motion carried unanimously. REPORTS Roy Rodriguez reported the Feast of Sharing would be November 21 beginning at 10:30 a.m. There will be a formal announcement at the Harlingen Chamber of Commerce tomorrow at 2:00 p.m. announcing the Girls Pony League Softball fast pitch State tournament will be held in Harlingen in 2004 with over 60 teams participating. There being no further business, the meeting adjourned at 7:05 p.m.
__________________________ Attest: _____________________________
|
|
|