REGULAR MEETING CITY COMMISSION HARLINGEN, TEXAS DECEMBER 17, 2003 A regular meeting of the Harlingen Elective Commission was held on Wednesday, December 17, 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. – Mayor Pro Tem Chris Boswell Jay Meade Rick Rodriguez Staff Present: Roy Rodriguez, P.E. Brendan Hall Veronica Medrano City Manager City Attorney 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; "2003 HARLINGEN SOUTH HIGH SCHOOL LADY HAWKS VOLLEYBALL TEAM" The Proclamation was presented to Co-Captains: Amy Silva and Heide Scheopner. Mayor de la Garza thanked the Lady Hawks for their achievement. Mayor de la Garza also recognized Coach Steve Lunsford and Coach Lupe Garza. Coach Lunsford was named District 32-4A Coach of the Year, All Area Coach of the Year and All Valley Coach of the Year and was assisted by Coach Lupe Garza. CITIZEN COMMUNICATION Pastor Ralph Morales from End of the Road Ministries expressed his concern over their financial situation regarding the shelter. Pastor Morales stated that the shelter has been an asset for the city for over 13 years. The shelter has won local, state and national awards for the work that is done. An insurance company just visited the shelter. This company goes throughout the whole United States and checks all the homeless shelters. Again, End of the Road was recognized for being the best homeless shelter in the whole United States. Pastor Morales asked for financial support from the City. Support is needed in materialistic goods and financial assistance. The Shelter is sheltering between 5,000 and 7,000 people a year, feeding over 50,000 meals a year, including clothing and other services the Shelter provides. Steve Purdy a Senior Pastor at First United Methodist Church and the Chairperson for the Advisory Board of the End of the Road Ministries, stated that he was a fairly new resident to Harlingen. He stated that he loves the community and appreciates the cooperative spirit among the various churches and organizations. The City has worked very well with them in a variety of ways. Pastor Purdy stated that their attempt is to strengthen the infrastructure of the organization at the End of the Road Ministries to be stronger and be able to meet the needs without outside support. Pastor Purdy stated that he would like to petition the City to consider whether there are any funds that could go to the End of the Road Ministries for immediate financial situations. Pastor Purdy stated that End of the Road Ministries plans to increase the staff and be stronger in a year to come. Mayor de la Garza stated that the Commission had received the correspondence from End of the Ministries. Mayor de la Garza thanked the Pastors for their communication and commended them for the work they have done. Mayor de la Garza stated that the Commission will look to see how they can help End of the Road. MINUTES FOR APPROVAL – REGULAR MEETING OF DECEMBER 3, 2003 Motion to approve minutes as presented (with no corrections): J. J. Gonzalez Second: Jay Meade Motion carried unanimously. CONSENT AGENDA: A. ORDINANCE ADOPTED ON FINAL READING TO ISSUE 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 B. ORDINANCE ADOPTED ON FINAL READING TO REZONE 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 C. ORDINANCE ADOPTED ON FINAL 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 CURRENTLY BEING SUBDIVIDED) Motion to approve consent agenda: J. J. Gonzalez Seond: Rick Rodriguez Motion carried unanimously PUBLIC HEARING HELD TO HEAR COMMENTS FOR OR AGAINST REZONING THE NORTH ½ OF BLOCK 17, AND ALL OF BLOCKS 18 AND 19, VALLEY GROVES SUBDIVISION LOCATED ON RUSSELL LANE SOUTH OF WILSON ROAD FROM "NOT DESIGNATED (N)" CLASSIFICATION OF ZONING TO "RESIDENTIAL, SINGLE FAMILY (R-1)" CLASSIFICATION OF ZONING Mayor de la Garza declared the public hearing open. Michelle Leftwich, Director of Planning and Development, explained that the property is located on the east side of Russell Lane ¼ mile south of Wilson Road. The property includes vacant land and orchards and totals 25 acres. Surrounding land uses are primarily single-family residential. The land area is adjacent to and abutting the present city limits (five foot wide buffer strip imposed during 1968 deannexation) and is within the exclusive extra-territorial jurisdiction of the City of Harlingen. The property is going through the voluntary annexation process and the final reading of the ordinance annexing it into the city limits will occur on December 17, 2003. The developers are proposing a total of 30 single-family residential lots on this property and have submitted the proposed Avalon Subdivision and Los Marcianos Subdivision to the City for review. 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 the subdivision regulations. The request conforms to the future land use map for the general area as indicated in Harlingen’s Vision 2020 Comprehensive Plan. Staff recommended approval of the request. The Planning and Zoning Board, at their December 10, 2003 meeting, recommended approval of the request. There being no further comments the Mayor de la Garza 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 THE NORTH ½ OF BLOCK 17, AND ALL OF BLOCKS 18 AND 19, VALLEY GROVES SUBDIVISION LOCATED ON RUSSELL LANE SOUTH OF WILSON 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: J. J. Gonzalez Second: Jay Meade Motion carried unanimously PUBLIC HEARING HELD TO HEAR COMMENTS FOR OR AGAINST AMENDING THE "PLANNED DEVELOPMENT (PD)" SITE PLAN FROM RESIDENTIAL, MOBILE HOME TO RESIDENTIAL, SINGLE FAMILY (10 FT. FRONT AND 5 FT. SIDE AND REAR SETBACKS) FOR LOTS 14-17, 19, 20, 2931, ALL OF LOT 32 AND THE WEST ½ OF LOT 33, AND ALL OF LOTS 35-43, BLOCK 1; LOTS 2-4, 6, 8, 10, 13, 18, 20, 23, 25, AND 29-31, BLOCK 2; LOTS 2-5, 7, 8, 12, 13, 17, 23 AND 28, BLOCK 3; LOTS 5, 8, 9, 25, 27 AND 31, BLOCK 4; AND LOTS R AND 1, BLOCK 5; AND FROM RESIDENTIAL, MOBILE HOME TO RESIDENTIAL, GARDEN HOME (10 FT. FRONT, 10 FT. NORTH SIDE, 0 FT. SOUTH SIDE AND 4 FT. REAR SETBACKS) FOR LOTS 2-13, BLOCK 1, COTTONWOOD CREEK SUBDIVISION NO. 1 LOCATED ALONG OR IN BETWEEN WILLOW CIRCLE AND COTTONWOOD BOULEVARD.) Mayor de la Garza declared the public hearing open. Ms. Leftwich explained that the properties are located within Cottonwood XXI, a 55 yrs. and over retirement community located on Ed Carey Drive south of U. S. Expressway 77/83. The lots have single family and garden homes on them. This request is being undertaken by the Cottonwood Creek Homeowners Associaion with written permission from all 55 property owners included in the request. The properties were annexed into the City in 1983 and in December of that year the City Commission approved "planned development, residential, mobile home (PD)" district zoning for the entire communtiy. The subdivision plat was recorded in 1984 with 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 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 to residential, single family for 50 lots that were owned by the developer and in November 2003 the City Commission approved a site plan amendment to residential, single family for one lot so that a house could be rebuilt that had been destroyed by fire. The owners wish to amend the site plan to conform the zoning to the existing land uses. 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. Staff recommended approval of the request. The Planning and Zoning Board, at their December 10, 2003 meeting, recommended approval of the request. There being no further comments the Mayor de la Garza declared the public hearing closed. ORDINANCE ADOPTED ON FIRST READING ON THE ABOVE AMENDMENT 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 (10 FT. FRONT, AND 5 FT. SIDE AND REAR SETBACKS) FOR LOTS 14-17, 19, 20, 2931, ALL OF LOT 32 AND THE WEST ½ OF LOT 33, AND ALL OF LOTS 35-43, BLOCK 1; LOTS 2-4, 6, 8, 10, 13, 18, 20, 23, 25, AND 29-31, BLOCK 2; LOTS 2-5, 7, 8, 12, 13, 17, 23 AND 28, BLOCK 3; LOTS 5, 8, 9, 25, 27 AND 31; BLOCK 4; AND LOTS R AND 1, BLOCK 5; AND FROM RESIDENTIAL, MOBILE HOME TO RESIDENTIAL, GARDEN HOME (10 FT. FRONT, 10 FT. NORTH SIDE, 0 FT. SOUTH SIDE AND 5 FT. REAR SETBACKS) FOR LOTS 2-13, BLOCK 1, COTTONWOOD CREEK SUBDIVISION NO. 1 LOCATED ALONG OR IN BETWEEN WILLOW CIRCLE AND COTTONWOOD BOULEVARD; 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 REQUEST FROM BAILEY BROTHERS CIRCUS APPROVED TO ALLOW A CIRCUS TO BE HELD ON DECEMBER 26, 2003 THROUGH DECEMBER 28, 2003 AT THE APPROXIMATE 2000 BLOCK OF WEST JEFFERSON AVENUE, BEARING A LEGAL DESCRIPTION OF BLOCK 30, PETERSBURG SYNDICATE SUBDIVISION Ms. Leftwich stated that this is a request from the Bailey Brothers Circus to hold a circus at the approximate 2000 Block of West Jefferson Avenue. The property is of adequate size to accommodate the circus and provide for off street parking. Issues of restroom facilities, insurance and prohibited prizes have been addressed with the applicant. Staff recommended approval. Motion to approve circus request: Chris Boswell Second: J. J. Gonzalez Motion carried unanimously RESOLUTION APPROVED TO AMEND DEVELOPMENT CORPORATION BUDGET FOR FISCAL YEAR 2003-04 Roy Rodriguez, City Manager, stated that the Development Corporation Board had approved the amendment to the budget at its December 16, 2003 meeting. The amendment carries over Three Hundred Seventy Five and No/100th ($375,000.00) for the Los Indios Infrastructure EDA Match and One Hundred Eighty Six Thousand, One Hundred Fifteen and No/100th ($186,115.00) for EchoStar Parking Lot from unexpended funds from the prior year and adds Forty Five Thousand and No/100th ($45,000.00) to the EchoStar Parking Lot project. Staff recommends approval of the Resolution. Motion to approve Resolution to amend Dev. Corp. Budget for FY 2003-04: Chris Boswell Second: J. J. Gonzalez Motion carried unanimously BOARD APPOINTMENTS None REPORTS Commissioner J. J. Gonzalez reported that there will be a Region 12 TML meeting on February 12, 2004. Mayor de la Garza reported that he and his wife were honored last night to be invited to a Christmas Party with the Gov. Rick Perry and his wife. Mayor de la Garza stated that he had the opportunity of meeting the new appointees to TXDOT. Hope Andrante from San Antonio and Tim Hampton from El Paso will be great assets to the City. Regarding the Whitewings, Mayor de la Garza reported the City has been talking to the ownership of the Whitewings and exploring all avenues and options available to the citizens of Harlingen to see what can be done to keep the Whitewings here. All discussions are ongoing. There being no further business, the meeting adjourned at 6:15 p.m. ___________________________________ C. Connie de la Garza, Mayor Attest: ________________________________ Veronica Medrano, Asst. City Secretary