CITY OF LAREDO

CITY COUNCIL MEETING

M2001-R-02

CITY COUNCIL CHAMBERS

1110 HOUSTON STREET

LAREDO, TEXAS 78040

JANUARY 16, 2001

5:30 P.M.

 

I.          CALL TO ORDER

 

            With a quorum present Mayor Elizabeth G.  Flores called the meeting to order.

 

II.        PLEDGE OF ALLEGIANCE

 

            Mayor Elizabeth G.  Flores led in the Pledge of Allegiance.

 

III.       ROLL CALL

 

            In Attendance:

            Elizabeth G.  Flores,                                                     Mayor

            Alfredo Agredano,                                                        Council Member, District I

            Louis H.  Bruni,                                                            Council Member, District II

            John C.  Galo,                                                              Council Member, District III

            Johnny Amaya,                                                             Council Member, District IV

            Eliseo Valdez, Jr.,                                                         Council Member, District V

            Joe A.  Guerra,                                                             Mayor Pro Tempore, District VI

            Jose Alberto Valdez, Jr.,                                               Council Member, District VII

            Juan Ramirez,                                                               Council Member, District VIII

            Gustavo Guevara, Jr.,                                                   City Secretary

            Larry Dovalina,                                                             City Manager

            Cynthia Collazo,                                                           Assistant City Manager

            Jaime Flores,                                                                City Attorney

 

IV.       MINUTES

 

            None.

 

V.        COMMUNICATIONS AND RECOGNITIONS

 

Announcements

 

Mayor Flores announced that, due to the short week, she would like to post the Planning and Zoning agenda for the meeting of January 22, 2001, on Thursday rather than on Wednesday.

 

Motion to approve.

 

 

 

Moved:  Cm. Galo

Second:  Cm.  Amaya

For:    8                                                Against:  0                                            Abstain:  0

 

Cm. Bruni mentioned that he received a letter from H. B. Zachary Company addressed to Fernando Roman, Utilities Director, in reference to the secondary water source project.  He suggested that the City Manager should meet with the Utilities Director in order to address the concerns outlined in the firm’s letter and advise them that the City continues on track with this important project. 

 

Cm. J. Valdez, Jr. reminded everyone that there is a special election coming up for the position of State Representative which was vacated by Henry Cuellar.  He mentioned that there is a good slate of candidates running for office and encouraged everyone to cast their vote this Saturday, January 20, 2001.

 

Invitations

 

            None.

                       

Recognitions

 

a.  Recognition of Armando Gonzalez who received Second place in fighting and fifth place

in continuous fighting at the 2000 Sport Karate Amateur Internationals in Savannah, Georgia.

 

                 Mayor Flores recognized Armando Gonzalez, in absentia, for his dedication to the sport and for the awards earned at this internationally recognized competition.

           

b.  Recognition of Irene Flores who placed First in Points Sparring and Third in Traditional

     Forms at the 2000 Sport Karate Amateur Internationals in Savannah, Georgia.

 

                  Mayor Flores recognized Irene Flores for her dedication to the sport and for the awards earned at this internationally recognized competition.

 

 c.  Recognition of O.J. Chavez who placed Third in the Points Sparring and Sixth in the

 Traditional Forms at the 2000 Sport Karate Amateur Internationals in Savannah,  

 Georgia.

 

                  Mayor Flores recognized O. J. Chavez for his dedication to the sport and for the awards earned at this internationally recognized competition.

 

Communiqués

 

            None.

 

VI.       APPOINTMENTS TO COMMISSION, BOARDS AND COMMITTEES

 

            None.

 

 

VII.     PUBLIC HEARINGS

 

1.  Public hearing amending the contract with the Texas Health and Human Services

Commission and FY 2000-2001 budget in the amount of $30,850.00 in additional funds for the Children's Health Insurance (CHIP) Outreach Project of the City of Laredo Health Department for the fiscal year 2000-2001 ending August 31, 2001.

 

INTRODUCTION OF AN ORDINANCE

Amending the contract with the Texas Health and Human Services Commission and FY 2000-2001 budget in the amount of $30,850.00 in additional funds for the Children's Health Insurance (CHIP) Outreach Project of the City of Laredo Health Department for the fiscal year 2000-2001 ending August 31, 2001.

 

Motion to open the public hearing.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:      8                                         Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Agredano

Second:  Cm.  Galo

For:      8                                                     Against:  0                                Abstain:  0

 

Ordinance Introduction:  City Council

 

2.  Public hearing amending Chapter 31, Utilities, Article II Sewer and Sewage Disposal,

Division 4 Private Sewage Disposal, of the Laredo Code of Ordinances, Section 31.81 and 31.82, authorizing an on-site sewage facility permit fee; and authorizing a penalty for violation of this ordinance; and providing for effective date and publication.

 

INTRODUCTION OF AN ORDINANCE

Amending Chapter 31, Utilities, Article II Sewer and Sewage Disposal, Division 4 Private Sewage Disposal, of the Laredo Code of Ordinances, Section 31.81 and 31.82, authorizing an on-site sewage facility permit fee; and authorizing a penalty for violation of this ordinance; and providing for effective date and publication.

 

Motion to open the public hearing.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:      8                                         Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Agredano

Second:  Cm.  Bruni

For:      8                                         Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

3.  Public hearing amending Chapter 25, of the City of Laredo Code of Ordinances entitled

Plumbing, specifically, Section 25-3, code adopted, by adopting the 2000 Edition of the International Plumbing Code and Modifying Appending A, Section 101.1, 106.5.2., 106.5.3., 108.4.,108.5., 305.6.1, and 904.1. of said code in order to tailor it to the specific needs of the City of Laredo; deleting Section 25-65; repealing all other Ordinances and parts of any Ordinance in conflict herewith; providing for publication and effective date.

 

INTRODUCTION OF AN ORDINANCE

Amending Chapter 25, of the City of Laredo Code of Ordinances entitled Plumbing, specifically, Section 25-3, code adopted, by adopting the 2000 Edition of the International Plumbing Code and modifying Appendix A, Sections 101.1, 106.5.2., 106.5.3., 108.4., 108.5., 305.6.1, and 904.1. of said Code in order to tailor it to the specific needs of the City of Laredo; deleting Section 25-65; repealing all other ordinances and parts of any ordinance in conflict herewith; providing for publication and effective date.

 

Motion to open the public hearing.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:      8                                         Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:      8                                         Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

4.  Public hearing amending the Zoning Ordinance (Map) of the City of Laredo by rezoning

all of Block 45, Calton Gardens Subdivision, located at 510 W. Canal St., from B-1 (Limited Commercial District) and B-3 (Community Business District) to M-1 (Light Manufacturing District).  The Planning and Zoning Commission recommended denial of the proposed zone change.  This is an appeal from an unfavorable recommendation from the Planning and Zoning Commission.

 

INTRODUCTION OF AN ORDINANCE

Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning all of Block 45, Calton Gardens Subdivision, located at 510 W. Canal St., from B-1 (Limited Commercial District) and B-3 (Community Business District) to M-1 (Light Manufacturing District).  The Planning and Zoning Commission recommended denial of the proposed zone change.  This is an appeal from an unfavorable recommendation from the Planning and Zoning Commission.

 

Motion to open the public hearing.

 

Moved:  Cm.  Bruni

Second:  Cm.  Agredano

For:      8                                         Against:  0                                            Abstain:  0

 

Keith Selman, Planning and Zoning Director, reported that the applicant has moved the facility from the center of the lot into the far southwest corner of the site.  That pushes it as close to the H.E.B. grocery store as it possibly could, leaving approximately 100 feet between the fence line and the northwest property line.  There is also a revised site plan by which the property owner is proposing to set up a 10-foot cinder-block fence along the north property line.  The owner is also proposing to include some landscaping features.  He added that access to the property has also been moved from Canal St. to San Eduardo Avenue. 

 

Cm. E. Valdez, Jr. mentioned that there is monies set aside to conduct a feasibility study to inquire whether north and south San Francisco Avenue can eventually be connected.  He wants to be assured that this project will not get compromised with these revisions proposed by the property owner.

 

Norma Garcia, concerned resident, spoke regarding the safety issues associated with the power substation to be built at this location.  She stated that they had conducted several investigations, including some through the Internet, and found that these power lines are hazardous and cause cancer.  She added that many children cross through this area when going to school and during the summer they use the adjoining area as a playground. 

 

Cesar Cantu reported that they did plenty of research on electromagnetic field studies and found them to be hazardous and potentially lead to formation of cancer clusters.

 

Olga Maldonado, CP&L General Manager for Community Services, mentioned that their issue is that there already are existing substations around the city.  She stated that some of those transformer boxes have already reached their maximum capacity.  She explained that on the electromagnetic field (EMF) issue and its possible link with cancer, occupants of a home would find higher magnetic field readings throughout the home, due to the proximity of the appliances and the magnetic fields created, than they would from a transmission line or at a substation.  She reported that they visited some of the substations that CP&L currently has, and the highest readings recorded were at 22 milligauss (CP&L’s unit of measurement).  She explained that there is less of a reading from a transmission line or a substation that would affect a person than one would get from a microwave oven or some other electrical appliance found within the home. 

 

Benjamin Hinojosa, CP&L Supervisor of Customer Design, stated that there is a serious need for the station because the load density from Saunders Avenue up to Calle del Norte has been increasing at a rate of two to three megawatts per year.  This has stressed their outlying stations and has compelled them to propose this new station project to cope with the increased load density in the area.

 

David Puente, area resident, stated that he is opposed to the proposed zone change for the construction of an electric substation.

 

Cm. J. Valdez, Jr. requested whether CP&L would be willing to extend the cinder block wall for aesthetic purposes on the side of Zacate Creek as part of the conditional use permit.

 

Benjamin Hinojosa replied that they would not have a problem doing that.  He stated that they might even be able to offer some frontage along Canal Street in order to be able to widen Canal Street.

 

Mayor Flores reiterated Cm. Bruni’s suggestion of approaching some local art students to have them create murals on this site and, therefore, requests that CP&L add stucco to the walls in order to accommodate the proposed artwork.

 

Motion to close the public hearing, override Planning and Zoning Commission’s recommendation, and introduce as a conditional use permit.

 

Moved:  Mayor Pro Tempore Guerra

Second:  Cm.  E.  Valdez, Jr.

For:      8                                         Against:  0                                            Abstain:  0

 

Ordinance Introduction:  Mayor Pro Tempore Guerra

 

VIII.    GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS

           

5.  A.  Request by Council Member John C. Galo

 

1.  Status report on the Chacon/Meadow Bridge.

                             

                             Cm. Galo reported that TxDot did hold a pre-construction meeting today and a tentative meeting date was set for January 24, 2001, at 6:00 p.m. at Daiches Elementary cafeteria to explain the particulars of the bridge project and invites the area residents and business owners to attend this meeting. 

 

                             Cm. Agredano stated that he would invite residents south of the bridge to attend this meeting being that they will also be affected by the demolition of the bridge.

 

Rogelio Rivera, City Engineer, reported that Summit Contracting from Weslaco, Texas, the contractor whose firm did the work on the World Trade Bridge, will be the one working on this project.  The anticipated time line will be five to six months.  They are looking for a starting date of January 29, 2001, to begin setting up barricades and are scheduled to begin with construction on February 4, 2001.

 

2.  Status report on the Chacon Creek cleanup and land acquisition, with possible

     action.

 

                             Erasmo Villarreal, Community Development Director, reported that the City did receive a grant from Texas Parks and Wildlife for a jogging/walking trail.  They have been meeting with Texas Parks and Wildlife staff to get the project started, and are in the process of sending some environmental assessments to Texas Parks and Wildlife so they can provide necessary clearance for the project.  Another concern that needs to be settled before the area can be cleared is to identify the boundaries of the land that was bought so that there is no mistake as to where the city’s property lines are. 

 

                             Cm. Galo inquired as to the scheduled date for clearing of the land. 

 

                             Erasmo Villarreal replied that they could possibly begin immediately after the Texas Parks and Wildlife Department accepts the environmental assessments for the 54” wastewater line that crosses through the land.

 

                B.  Request by Council Member Johnny Amaya

 

1.  Status report on the Albert Ochoa Park playground equipment, with possible

     action.

 

     Cm. Amaya mentioned he received a copy of a memorandum sent to Larry Dovalina, City Manager, from John Vidaurri, Parks and Recreation Department, which stated that the playground equipment has been installed. 

 

     John Vidaurri, Parks and Recreation Department Director, did have a large play structure at Ochoa Park which was removed due to the poor condition of the structure.  He stated that they installed a smaller play structure and completed installation of it two weeks ago.  Due to budgetary constraints, the department was forced to purchase the smaller playground equipment.  They are anticipating installation of additional play structures within that particular circle within the next twelve-month period.

 

     Cm. E. Valdez, Jr. inquired whether the Parks and Recreation Department is working closely with Laredo Independent School District since they are going to completely rebuild Sanchez-Ochoa Elementary and they are not going to touch the park grounds.

 

     Larry Dovalina, City Manager, stated that the City has been approached by the school district on this specific tract of land and they are working on scheduling a Metro Government Committee meeting in order to allow for full discussion with the City Council over the particulars on this tract of land.

 

     John Vidaurri stated that they have some other improvements that are being programmed for Ochoa Park, including some lighting upgrades.  CP&L has gone to the site to conduct a study of the upgrade and the estimated cost is $5,918.00.  

           

                C.  Request by Council Member Juan Ramirez

 

1.  Discussion with possible action regarding the City Cemetery (Veterans section)

     needs and improvements.

 

     Cm. Ramirez commented that he recently attended a funeral during inclement weather and the area where the services were being held was so muddy that attendees could not stand close enough to the gravesite. 

 

     John Vidaurri, Parks and Recreation Director, mentioned that they did have some options to review regarding this particular concern.  He submitted a photograph of one of the funerals held on that particular day and several others within that general location.  He stated that his department has come up with some other proposals and have obtained additional plywood and carpeting materials to provide more of a dry, sturdy surface.  He mentioned that his department did check with the Catholic Cemetery and they commented that they hold their services under the pavilion away from the gravesite in order to avoid similar situations.  He also provided several estimates for some portable tents that the cemetery crew may set up at the paved road sections as well. 

 

     Larry Dovalina, City Manager, stated that the City does need to continue to strive for improvements.  He mentioned that the cemetery staff has made great progress by putting in a water well and they have also continued to install sprinkler systems to enhance the cemetery.  He stated that he would take care to ensure that the city buys seed or grass in order to stabilize the soil around the muddy gravesites so there is no similar reoccurrence of this situation.

 

     Cm. E. Valdez, Jr. recommended that the Cemetery Ad Hoc Committee be changed to a standing committee so the City Cemetery staff can continue to work with the current members that have immeasurable experience.

 

2.  Status report on the Import lot.

 

     Cynthia Collazo, Assistant City Manager, stated that they have been working continuously with GSA Regional Director, Walter Marcinowsky, for the past couple of months.   She stated that GSA which is in the business of leasing their buildings, had Building Six at the Import Lot location, which had not been leased and for which they were trying to secure a tenant.  They recently found a tenant, namely the State Department.  On Friday of last week, GSA staff went through the property with an architectural firm to review and determine what they need.  She reported that the City should have a sketch from GSA by this Friday.  Now that they have determined how much property the State Department will need, they can advise the City as to the portion that is available to re-lease.  They have the necessary funds to make the improvements for the State Department.  As soon as the City can get that, the City Manager has approved enlisting the Engineering Department’s assistance to perform the survey in order to speed up the project. 

 

                             Larry Dovalina, City Manager, commented that he was in receipt of a metes and bounds survey that was completed by the Engineering Department in connection with the alignment of a road that ties in to Water St.  He stated that now that the survey has been completed for said road alignment, they would be proceeding with that project as well.

 

3.  Discussion on the Tatangelo Walkway regarding possibility of opening for

     vehicular traffic, with possible action.

                             Cm. Ramirez stated that he is intending to relieve some of the traffic congestion buildup during certain civic functions and church services on Sundays.  He is suggesting utilizing said walkway to allow for traffic flow to ease the congestion in the downtown area without destroying the integrity of the walkway. 

 

                             Tony Garcia, Traffic Signal Superintendent, stated that there is an ongoing study being conducted of the downtown area which should be completed within the next 25 to 30 days.  The Traffic Department is awaiting the findings and recommendations from the engineering firm in order to submit a report to City Council at that time. 

 

                             City Manager Larry Dovalina stated that he would ensure that the suggestion made to utilize this walkway specifically as a partial reliever of traffic congestion during special events or activities be integrated into that particular study.

 

                             Cm. J. Valdez, Jr. inquired whether the foundation at the Tatangelo Walkway is asphalt or brick and whether it will be able to support the traffic flow.

 

                             Larry Dovalina, City Manager, mentioned that those are some of the issues that were discussed earlier this morning.

                            

IX.  INTRODUCTORY ORDINANCES

 

6.  An Ordinance authorizing the City Manager to execute a License Agreement with

Nextel Partners, Inc. for a 35' x 40" ground space located at 1101 Garden St., Laredo, Webb County, Texas, and being more fully described in License Agreement; for the installation and operation of a temporary mobile mini-cell site, for use with its communications business.  Term of the lease is 90 days commencing January 22, 2001 and ending April 21, 2001.  In lieu of rent Licensee will construct a 6ft, 35' x 40', heavy duty chain link fence, with double-drive gate and a man gate, all posts set in concrete, with 3 strands of barbed wire as described in License Agreement; providing for effective date.

 

Ordinance Introduction:  City Council

 

X.        FINAL READINGS OF ORDINANCES 

 

            Internet availability:  //www.ci.laredo.tx.us

 

Motion to waive the final reading of ordinance 2001-O-011, 2001-O-012, 2001-O-013, 2001-O-014, 2001-O-015, 2001-O-016, 2001-O-017, 2001-O-018, 2001-O-019, 2001-O-020, 2001-O-021, 2001-O-022, 2001-O-023, 2001-O-024 and 2001-O-025.

 

Moved:  Cm.  Bruni

Second:  Cm.  Galo

For:     8                                               Against:  0                                            Abstain:  0

 

7.  2001-O-011  Authorizing the City Manager to amend the City of Laredo FY 2000-2001

annual budget by appropriating revenues and expenditures in the amount of $161,793.00 for the Tuberculosis Prevention/Control Federal Project.  The Texas Department of Health has awarded a $161,793.00 grant to the City of Laredo for the period beginning January 1, 2001 through December 31, 2001. (City Council)

 

Motion to adopt Ordinance # 2001-O-011.

 

Moved:  Cm.  Bruni

Second:  Cm.  Galo

For:     8                                Against:  0                                Abstain:  0

 

 2001-O-012  Amending the Zoning Ordinance (Map) of the City of Laredo by

   authorizing the issuance of a Conditional Use Permit for a soft drink

   distributor on Lot 8 and the N1/2 of Lot 6, Block 485, Western Division,

   located at 309 Park St.; providing for publication and effective date.  (As

   Amended)  (Council Member Juan Ramirez)

 

Motion to adopt Ordinance # 2001-O-012.

 

Moved:  Cm.  Bruni

Second:  Cm.  Galo

For:     8                                Against:  0                                Abstain:  0

 

2001-O-013  Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning

0.403 acres, as further described by metes and bounds, located east of San Dario Ave. and south of Lost Oaks Rd., from B-3 (Community Business District) to B-4 (Highway Commercial District); providing for publication and effective date. (Mayor Pro-Tempore Joe A. Guerra)

 

Motion to adopt Ordinance # 2001-O-013.

 

Moved:  Cm.  Bruni

Second:  Cm.  Galo

For:     8                                Against:  0                                Abstain:  0

 

 2001-O-014  Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning

   Lot 1, Block 5, Del Mar Village Subdivision, located at 102 W. Village

   Blvd., from R-0 (Residential-Office District) to B-1 (Limited Business

   District); providing for publication and effective date.  (Mayor Pro-

   Tempore Joe A. Guerra)

 

Motion to adopt Ordinance # 2001-O-014.

 

Moved:  Cm.  Bruni

Second:  Cm.  Galo

For:     8                                Against:  0                                Abstain:  0

 

 2001-O-015  Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning

   0.010 acres, as further described by metes and bounds, located east of Bob

   Bullock Loop and north of Del Mar Blvd., from R-1 (Single Family

   Residential District) to B-4 (Highway Commercial District); providing for

   publication and effective date. (Mayor Pro-Tempore Joe A. Guerra)

 

Motion to adopt Ordinance # 2001-O-015.

 

Moved:  Cm.  Bruni

Second:  Cm.  Galo

For:     8                                Against:  0                                Abstain:  0

 

2001-O-016  Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning

14.0061 acres, as further described by metes and bounds, located north of Cielito Lindo Blvd. and east of Hwy. 83, from AG (Agricultural District) to B-1 (Limited Commercial District); providing for publication and effective date.  (As Amended)  (Council Member Alfredo Agredano)

 

Motion to adopt Ordinance # 2001-O-016.

 

Moved:  Cm.  Bruni

Second:  Cm.  Galo

For:     8                                Against:  0                                Abstain:  0

 

 2001-O-017  Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning

   129.9939 acres, as further described by metes and bounds, located north of  

   Cielito Lindo Blvd. and east of Hwy. 83, from AG (Agricultural District)

   to R-1A (Single Family Reduced Area District); providing for publication 

   and effective date. (Council Member Alfredo Agredano)

 

Motion to adopt Ordinance # 2001-O-017.

 

Moved:  Cm.  Bruni

Second:  Cm.  Galo

For:     8                                Against:  0                                Abstain:  0

 

2001-O-019  Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning

Lot 5, Block 1018, Eastern Division, located at 1820 Bayard St., from R-3 (Mixed Residential District) to B-3 (Community Business District); providing for publication and effective date. (As Amended)  (Council Member Alfredo Agredano)

 

Motion to adopt Ordinance # 2001-O-019.

 

Moved:  Cm.  Bruni

Second:  Cm.  Galo

For:     8                                Against:  0                                Abstain:  0

 

 2001-O-020  Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning

   Lot 1, 2, 3 and 4, Block 3, San Isidro/McPherson No. 3 Subdivision,

   located at 9802 McPherson Rd., from B-1 (Limited Business District) to B-

   3 (Community Business District); providing for publication and effective

   date.  (Mayor Pro-Tempore Joe A. Guerra)

 

Motion to adopt Ordinance # 2001-O-020.

 

Moved:  Cm.  Bruni

Second:  Cm.  Galo

For:     8                                Against:  0                                Abstain:  0

 

 2001-O-021  Amending the Zoning Ordinance (Map) of the City of Laredo by

   authorizing the issuance of a Special Use Permit for above ground fuel

   storage on Lots 1 and 2, Block 101, Western Division, located at 520

   Farragut St.; providing for publication and effective date.  (Council

   Member Louis H. Bruni)

 

Motion to adopt Ordinance # 2001-O-021.