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REGULAR MEETING
CITY COMMISSION
HARLINGEN, TEXAS
DECEMBER 3, 2004
A regular meeting of the Harlingen Elective Commission was held on Wednesday,
December 3, 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
C. Connie de la Garza
J. J. Gonzalez
Frank Puente, Jr.
Chris Boswell
Jay Meade
Absent:
Rick Rodriguez
Staff Present:
Roy Rodriguez, P.E. City Manager
Brendan Hall City Attorney
Veronica Medrano Asst. City Secretary
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. John Teer delivered the invocation and the Pledge of Allegiance followed.
Mayor de la Garza welcomed all present to the meeting.
PRESENTATION: PROCLAMATION: “CITY OF HARLINGEN HOSTS MONTH”
Mayor de la Garza announced that it was a privilege to have the President and
CEO of Hosts (Help One Student to Succeed), Mr. Gene Frost from Geneva, Illinois
present at the meeting. The proclamation was presented to the local
representative, Mary L. Scheopner.
CITIZEN COMMUNICATION
Rita Kelly addressed the Commission regarding Planned Parenthood, A hand out was
distributed to the Mayor & City Commision. Her objection was the use of tax
dollars to fund such a controverisal organization. Ms. Kelly stated that Planned
Parenthood has killed over 3 million babies over the past 24 years and also
refer pregnant women to other clinics. She also stated that birth control pills
cause more cancer than if you don’t use them. Also, contraceptives make women
more susceptible to AIDS and other venereal diseases.
Mayor de la Garza advised Mr. Kelly that there is a volunteer group that does
all the planning on the Community Development Block Grant Funds. Their meeting
for next year’s budget is on January 6, 2004 @ 6 p.m. and she should be there to
voice her objection. Tonight’s item is just a report of what was done last year.
MINUTES FOR APPROVAL – REGULAR MEETING OF NOVEMBER 19, 2003
Motion to approve minutes as presented (with no corrections): Jay Meade
Second: Frank Puente
Motion carried unanimously.
CONSENT AGENDA:
A. REQUEST APPROVED TO CLOSE “D” AND “E”
STREETS BETWEEN VAN BUREN AND HARRISON
ON FRIDAY,
DECEMBER 5, 2003 FROM 3:00 P.M. TO 11:00 P.M. FOR THE ANNUAL LA PLACITA
DISTRICT PIÑATA
FIESTA
Motion to approve consent agenda: Frank Puente, Jr.
Second: J.J. Gonzalez
Motion carried unanimously
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 217 ½ RANGERVILLE ROAD, BEARING A LEGAL DESCRIPTION OF LOT 1, BLOCK
1, COSME FLORES SUBDIVISION
Mayor de la Garza declared the public hearing open.
Curtis Hill, Senior Planner, explained that this is an L-shaped property located
on the east side of Rangerville Road, 500 ft. south of U.S. Expressway 77/83.
The property is zoned “general retail (GR)”. It has 50 ft. of frontage on S.
Rangerville Rd. and a depth of 465 feet. At the rear of the property the lot
width is 100 feet.
On December 19, 2001 the City Commission approved the renewal of the original
specific use permit for the Rangerville Ballroom at this location; however, it
has since closed.
The new applicant, Ismael Alcazar, wishes to open an establishment called
“Smiley’s Ballroom” from 5 PM to 2 AM seven days a week. There will be no live
music and no outdoor seating or activity. The 4,500 square foot building
requires 45 parking spaces. The parking spaces need to be striped before they
open. The applicant has applied to TABC for a beer/wine and late hours permit.
Staff recommended approval of the request, contingent upon the provision of
striping forty-five (45) parking spaces. The Planning and Zoning Board at their
Nov. 12, 2003 meeting recommended approval of the request.
There being no comments from the public, Mayor de la Garza declared the public
hearing closed.
ORDINANCE ADOPTED 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
HALRINGEN: TO ISSUE A SPECIFIC USE PERMIT TO ISMAEL ALCAZAR TO
ALLOW A BAR/LOUNGE IN A “GENERAL RETAIL (GR)” CLASSIFICATION OF
ZONING LOCATED AT 217½ RANGERVILLE ROAD, BEARING A LEGAL
DESCRIPTION OF LOT 1, BLOCK 1, COSME FLORES SUBDIVISION,
CONTINGENT UPON THE PROVISION OF STRIPING FORTY FIVE (45)
PARKING SPACES ON THE PROPERTY; PROVIDING FOR PUBLICATION AND
ORDAINING OTHER MATTERS RELATED TO THE FOREGOING
Motion to adopt ordinance on first reading: J.J. Gonzalez
Second: Jay Meade
Motion carried unanimously
PUBLIC HEARING TO HEAR COMMENTS FOR OR AGAINST THE REZONING OF BLOCK 64, LON
C. HILL SUBDIVISION, SAVE AND EXCEPT LA HACIENDA SUBDIVISION, LOCATED AT 130 W.
MORRIS ROAD FROM “NOT DESIGNATED (N)” TO “RESIDENTIAL, SINGLE FAMILY (R-1)”
CLASSIFICATION OF ZONING
Mayor de la Garza declared the public hearing open.
Curtis Hill, Senior Planner explained that this is a city-initiated request for
a 28-acres tract located on the north side of Morris Raod, ½ mile west of FM
801. The request covers vacant land and approximately eight single-family
residences that front on Morris Road. The adjacent zoning is “residential,
single family (R-1)” to the north, east and west. The property to the south is
outside city limits.
The property was zoned “not designated (N)” district upon annexation into the
City in September 1998. In December 1999 this property was part of a larger
city-initiated rezoning request; however, staff research indicated that when the
legal ordinance was prepared, Block 64 was inadvertently left off the final
reading of the ordinance. The official zoning map was changed and recently in
the conversion from a paper-zoning map to an electronic zoning map, staff
discovered the error. As there is no ordinance to back up the R-1 designation,
this item is now on the agenda to correct the oversight.
A subdivision plat for the east 15 acres of this tract has been submitted to the
City for review. The plat, submitted under the name of Cantu Estates
Subdivision, shows three lots fronting on Morris Road.
The request conforms to the future land use for the general area as indicated in
Harlingen’s Vision 2020 comprehensive plan. It is consistent with the zoning
pattern that has developed in the area.
Staff recommended approval of the request. The Planning and Zoning Board, at
their Nov. 12, 2003, meeting recommended approval of the request.
Mayor de la Garza asked if it met the City’s 2020 Vision Plan? Mr. Hill stated
yes.
There being no comments from the public, Mayor de la Garza declared the public
hearing closed.
ORDINANCE ADOPTED 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:
REZONING BLOCK 64, LON C. HILL SUBDIVISION, SAVE AND EXCEPT LA
HACIENDA SUBDIVISION, LOCATED AT 130 W. MORRIS ROAD FROM “NOT
DESIGNATED (N)” CLASSIFICATION OF ZOING 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: J.J. Gonzalez
Second: Frank Puente
Motion carried unanimously
ORDINANCE ADOPTED ON FIRST READING TO ANNEX A PARCEL OF LAND DESCRIBED AS THE
NORTH ½ OF BLOCK 17, AND ALL OF BLOCKS 18 AND 19, VALLEY GROVES SUBDIVISION
CONTAINING APPROXIMATELY 25 ACRES LOCATED ON RUSSELL LANE AND SOUTH OF WILSON
ROAD. (FUTURE LOTS IN THE AVALON SUBDIVISION AND LOS MACIANOS SUBDIVISION
CURRENTLY BEING SUBDIVIDED)
Curtis Hill, Senior Planner, stated that this is a voluntary annexation
requested by Frank A. Ferris, as owner of a portion of the tract and
representative for Omar Gonzales, the owner of the remainder of the tract. Total
land area of this request is 25 acres, all of which is currently outside city
limits. The land area is adjacent to and abutting the present city limits (five
foot wide buffer strip retained during the 1968 de-annexation) and is within the
exclusive extra-territorial jurisdiction of the City of Harlingen.
This request meets the requirements of Section 43.028 of the Local Government
Code “Authority of Municipalities to Annex Sparsely Occupied Area on Petition of
Area Landowners.” For voluntary requests that meet the requirements, this
statute effectively shortens the timeframe from 90-days to less than 30 days and
includes only one public hearing at the time of first reading of the ordinance.
Annexation will be completed by final reading at the regular City Commision
meeting of December 17, 2003.
The developers will be responsible for all infrastructure provision including
street development, lights, hooking into sewer and water, drainage provisions
and other requirements as specified under subdivision regulations. The developer
anticipated and requested zoning for single family residential development and
there will be total of 30 lots on this tract.
Staff recommended approval.
Mr. Frank Farris addressed the Commission. He stated that he owned the north 15
acres of this property to be annexed. The Gonzalez family owns the south 10
acres of that parcel. Mr. Farris told the Commission why they wanted to be
annexed: it eliminated county involvement in the subdivision process; it
eliminates the need to pay for tap fees in advance; it reduces the water rates,
sewer rates and the fire insurance rates and it allows for the city to provide
police protection and fire service.
There being no further comments from the public, Mayor de la Garza declared the
public hearing closed.
The Caption of the ordinance was read:
AN ORDINANCE EXTENDING THE CORPORATE LIMITS OF THE CITY OF
HARLINGEN THROUGH ANNEXATION CONSISTING OF THE FOLLOWING:
A PARCEL OF LAND DESCRIBED AS THE NORTH ½ OF BLOCK 17, AND ALL OF
BLOCKS 18 AND 19, VALLEY GROVES SUBDIVISION CONTAINING APPROXIMATELY
25 ACRES LOCATED ON RUSSELL LAND AND SOUTH OF WILSON ROAD (FUTURE
LOTS IN THE AVALON SUBDIVISION AND LOS MACIANOS SUBDIVISION
CURRENTLY BEING SUBDIVIDED).
ALL OF CAMERON COUNTY, TEXAS; PROVIDING FOR PUBLICATION AND
ORDAINING OTHER MATTERS RELATED TO THE FOREGOING.
Motion to adopt ordinance on first reading: J.J. Gonzalez
Second: Frank Puente, Jr.
Motion carried unanimously
PUBLIC HEARING HELD TO CONSIDER AND TAKE ACTION TO APPROVE A REQUEST FROM THE
HARLINGEN JAYCEES TO HOST A CARNIVAL FROM JANUARY 15, 2004 THROUGH FEBRUARY 1,
2004 AT THE APPROXIMATE 2000 BLOCK OF WEST JEFFERSON AVENUE, BEARING A LEGAL
DESCRIPTION OF A PORTION OF BLOCK 30, PETERSBURG SYNDICATE SUBDIVISION
Mayor de la Garza declared the public hearing open.
Curtis Hill, Senior Planner, stated that the Harlingen Jaycees are requesting a
permit to hold a carnival at the approximate 2000 Block of west Jefferson
Avenue. The property is of adequate size to accommodate the carnival and provide
for off street parking. The applicant has been notified of security and fencing
requirements and of prohibited prizes. Staff recommends approval.
There being no comments from the public, Mayor de la Garza declared the public
hearing closed.
Motion to approve request for carnival permit: Jay Meade
Second: J. J. Gonzalez
Motion carried unanimously.
PUBLIC HEARING TO HEAR COMMENTS FOR OR AGAINST THE DRAFT FY 02-03
CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER)
Mayor de la Garza declared the public hearing open.
Tammy DeGannes, Community Development Director, stated that as required by the
City of Harlingen’s Citizen Participation Plan, a public hearing on the Annual
Performance Report (CAPER) is to be held so that citizens will have an
opportunity to comment on the report prior to its submission to HUD (December
19, 2003). This CAPER is an accounting for each activity (summary of resources
and accomplishments) during the FY 2002-2003 program year (October 1, 2002
through September 30, 2003). These expenses were in accordance with the approved
One-Year Action Plans.
Mayor de la Garza commented that it is amazing that even though the CDBG funds
are reduced, year in and year out, we have approximately $2.5 million available
to our community. Mayor de la Garza stated to Larry Galbreath, Chairman of the
Board that the City appreciated was he does on the board, to hear all the
citizens and especially the home funds and the way homes are made available to
people of all types. Remodeling and repairing homes makes a community much
better and the drainage, it if hadn’t been for CDBG funds received the last few
years, our drainage problem would be worse. Mayor de la Garza thanked Mr.
Galbreath and the Board for the commitment of 2.6 million over the next 4 – 5
years for drainage.
Commissioner Boswell commented it’s great to see it written down all in one
place, everything that CDBG has done, last year and every year.
Commissioner J. J. Gonzalez, commended the board, its staff and President for a
good job it has done. Mr. Gonzalez questioned if there was a particular reason
why there where more homes rehabed in the past than this year’s? Ms. DeGannes
replied it is because this is the first year that there was not any undertaking
of any homes that had lead. The staff is now trained and will go out and provide
the testing for CDBG.
There being no comments from the public, Mayor de la Garza declared the public
hearing closed.
CONSIDER AND TAKE ACTION TO AMEND THE CITY OF HARLINGEN TRAVEL AUTHORIZATION
AND EXPENSE POLICY
Mr. Ken Mitchell, Finance Director, stated that the changes to the Travel
Authorization and Expense Policy are necessary to address a conflict with
Internal Revenue Service Regulations (IRS Regs.). The Internal Revenue Services
conducted two audits in two cities in the State of Texas. The IRS informed those
cities that per diem for travel overnight is not allowed. It is taxable income
to the employee.
Mr. Mitchell stated that one change is that each employee must obtain the City
Manager‘s approval. For control purposes the City Manager needs to approve every
trip before it is taken. A second change is changing three to five (under: A.
Advances, 1, b) that is just to agree with our account payable policy, which is
if it’s in on Monday it is paid on Friday.
The next change is must (under: A. Advances, 2). Some employees do not
understand that they must submit check requisition to get a check.
Other changes are:
The advance for travel expense will be accomplished by submitting a Check
Requisition to the Finance Department no later than five working days prior to
the payables date preceding the date the check is required.
There is no mileage reimbursement for use of a rental car. Once the City
business is completed, the rental car must be returned to the car rental
company.
The City will not reimburse for expenses above what it would cost had the
employee used commercial transportation.
When travel by automobile is approved for official business, city-owned vehicles
shall be used by employees that do not receive a car allowance, when one is
available. There is no mileage reimbursement for use of a City-owned vehicle.
When an employee travels on official business requiring travel of 20 miles or
more and is required to be absent from the city overnight and logding and the
meals are not included as part of the registration, tuition, etc., the cost of
the meals and incidentals will be reimbursed at the maximum rate of thirty ($30)
dollars per day or at the higher rate listed in Publication 1542.
Meals and incidental expenses will be reimbursed as in paragraph 1 above when an
employee travels on official business requiring travel of 20 miles or more and
is not required to be absent from the city overnight and meals are not included.
However, this per diem reimbursement will be done through the employee’s
paycheck. This is necessary because the per diem paid when the employee is not
absent from the city overnight is taxable income to the employee.
Removed were the pre-numbered Travel Request/Expense Report form. A Travel
Request/Expense Report form must be completed with the proper approvals and
forwarded to the Finance Department within ten working days after the return to
the City.
Staff recommended adoption of the amendments to the Travel Authorization and
Expense Policy.
Motion to approve Travel Authorization and Expense Policy changes: Chris Boswell
Second: Jay Meade
Motion carried unanimously.
CONSIDER AND REVIEW THE CITY OF HARLINGEN INVESTMENT POLICY AND DISCUSS ANY
RECOMMENDED CHANGES
Mr. Mitchell stated that it is a requirement of the state law that the governing
body review the investments every year. Staff is not recommending any changes
this year. If the City Commission desires to make any changes, staff will
prepare a resolution incorporating those changes and have it at the next City
Commission meeting.
No action taken.
CONSIDER AND TAKE ACTION TO APPROVE A REFUND OF PROPERTY TAXES FOR ACCOUNT
NUMBER 22-4103-0010-0010-00, VALLEY HOTELIER, INC. DBA MOTEL 6
Mr. Mitchell stated that this was a refund of over $500.00 dollars and it is for
a reduction in value. Staff recommends approval of the refund.
Motion to approve refund of property taxes for Valley Hotelier, Inc. DBA Motel
6: Jay Meade
Second: J. J. Gonzalez
Motion carried unanimously
BOARD APPOINTMENT
Mayor de la Garza appointed Matthew Montemayor, representing Harlingen High
School North and Priscilla Chavez, representive Harlingen High School South as
Student Representatives for 2003-2004.
Motion to approve appointments: Frank Puente, Jr.
Second: J. J. Gonzalez
Motion carried unanimously
REPORTS
J.J. Gonzalez stated that he had made a presentation to the TML Board of
Directors on the Resolution from the City of Harlingen and Chamber on U.S.
Visit. It looks favorable and a committee was set up to oversee it.
There being no further business, the meeting adjourned at 6:10 p.m.
______________________________
C. Connie de la Garza, Mayor
Attest:
________________________________
Veronica Medrano, Asst. City Secretary
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