CITY OF LAREDO

                                            CITY COUNCIL MEETING

                                                           M2001-R-27

                                          CITY COUNCIL CHAMBERS

                                              1110 HOUSTON STREET

                                               LAREDO, TEXAS 78040

                                                   OCTOBER 22, 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 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

            Johnny Amaya,                                                                         Council Member, District IV

            Eliseo Valdez, Jr.,                                                                     Mayor Pro Tempore, District V

            Joe A.  Guerra,                                                                         Council Member, District VI

            Jose A.  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

            Jerry Cain,                                                                                Assistant City Attorney

 

            Motion to excuse John C.  Galo.

 

            Moved:  Cm.  Agredano

            Second:  Mayor Pro Tempore Valdez

            For:     7                                               Against:  0                                            Abstain:  0

 

IV.       MINUTES

 

Approval of the minutes of August 20, 2001 and September 4, 2001.

 

Moved:  Mayor Pro Tempore Valdez

Second:  Cm.  Agredano

For:     7                                               Against:  0                                            Abstain:  0

 

V.        COMMUNICATIONS AND RECOGNITIONS

 

Announcements

 

Presentation of "Tribute to America" flag by the F. S. Lara Annex students to the City of Laredo.

 

Alma Ramon, an instructor from F. S. Lara Annex,  presented Council with a billboard size United States Flag created from over 800 paper flowers by the following participants:  Gracie Venegas, Araceli Venegas, Albert Munoz,  students from F. S. Lara Annex; Toby Rodriguez, Police Officer and Feliz Nunez, Firefighter.   F. S. Lara Annex held a program entitled “Tribute to America” in memory of those Americans that lost their lives on September 11, 2001.

 

Invitations

 

Tony Gamboa invited the Council, the Mayor and the public to attend the 1st Annual Veteran’s Banquet held on Friday, November 9, 2001 at 7 p.m. at the Christ Worship Center.

 

Cm.  Guerra invited the Council and the public to attend a Red Ribbon Parade at Trautman Elementary School to be held on October 23, 2001, at 9:00 a.m.

 

Recognitions

 

David Cardwell, AEP Project Manager Economic Development, for his 33 1/2 years of exemplary service to our community.

 

The Mayor presented a Certificate of Recognition to David Cardwell for his unyielding dedication and exemplary service to the community of Laredo.

 

The Mayor congratulated Cynthia Collazo, Assistant City Manager, for graduating from the Leadership Texas Class.  She stated that it is an honor to be selected for the class.   

 

The Mayor thanked the following corporate sponsors who made Dia del Rio possible:

 

A Frame 4-U, Robert Jacaman

Asplundh Tree Expert Company

City of Laredo

E. Q. Enterprises, Diana Esquivel

Garza, Martinez, & Company P. L. L. C.

Gentle Family Dentistry, Rolando Guerra, DDS

Golden Coral, Manuel Canseco

H-E-B Food Stores, Gregorio Flores, III

Jeffery A.  Jones, Investments

Laredo Community College

LareDos, Meg Guerra

LaredoSun.com, Vince Cantu

Leyendecker Oil Inc., Frank Leyendecker & Rebecca Wise

Litho Business Forms Inc, Elias Mendiola

Managing Edge, R.  Rodriguez

My Dentist, Sonia Garza Rodriguez, DDS

O’Boy Service Company

Pens by Danny Gunn

R. C. Cola Company – Memo Trevino

Southern Sanitation

Target Stores

Texas Environmental Consultants, Jorge Dominguez

United States Army Reserve – Laredo

 

Mayor Flores presented the following individuals a plaque for having the most volunteers at the Dia del Rio.

 

3rd place went to United High School for having 62 volunteer. 

2nd place went to Laredo Community College with 75 volunteers.

1st place went to Texas A & M Int'l. with 103 volunteers.

 

City Council Members received Certificates of Appreciation for his residents participation in the Dia del Rio as follows:

 

Alfredo Agredano for the 90 residents from District I.

 

Louis H.  Bruni for the 38 residents from District II.

 

John C.  Galo for the 30 residents from District III.

 

Johnny Amaya for the 31 residents from District IV.

 

Mayor Pro Tempore Eliseo Valdez, Jr., the 37 residents from District V.

 

Cm.  J.  Valdez for the 100 residents from District VII.

 

Cm.  Ramirez for the 61 residents from District VIII.

 

Mayor Flores presented Cm.  Joe A.  Guerra a trophy for having 155 residents that participated in the Dia del Rio.  She explained that the trophy would be awarded each year to the Council Member with the most participants.

 

Communiqués

 

Mike Lucci, owner of Hill Country Engineering,  informed Council that the Leyendeckers main concern is that the proposed alignment will interrupt the agricultural purpose.  He said that the daughter is a veterinarian who raises horses and the prime grazing will be interrupted if the City bisects their property.  He mentioned several alternatives.  Finally, he informed Council that the curves on the proposed alignment do not meet the City's regulations in the Municipal Code book.  He recommended that the Council reconsider realigning the entire route because of the alignment.  

 

June Leyendecker read the following letter:

 

"I believe the City is fully responsible for allowing the route of Springfield to be changed from it's original location in 1991, without even the courtesy of discussing it with us.  In my opinion we have been treated most unfairly by the City over the years in this Springfield matter as well as in many other matters which I am not at liberty to discuss at this time.

 

In order to try to educate myself on how things at City Hall worked, as well as to try to defend our property, there were many City Council as well as Planning & Zoning Commissions meetings which I attended.  I spoke at some of those meetings.  Over the years, I also visited the Planning Department many times.  I changed my position on the route of Springfield after talking to my attorney, Julio Garcia, Esquire in 1997 ( I believe it was in August, 1997).

 

In a letter dated September 25, 1997 my attorney addressed a letter, to then Mayor Saul Ramirez, objecting to the bisecting of our property.  Copies were sent to all Council Persons, to Planning and Zoning Commissioners, & to the Planning Department. All were sent certified mail.  There was no response.  Later Springfield was paved to our property line on the west.

 

I became very angry after reading a copy of the minutes of the P & Z Commission meeting of March 21, 1991 which were given to me by Keith Selman in September, 1997, the day after a City Council Meeting at which I spoke and had been told I was mistake.  I knew I was right and those minutes were the proof I needed.  Believe it or not, I was not aware of the fact the minutes of these meetings could be made available to anyone who asked.  I was completely ignorant.  My education in a B. S. in Nursing which certainly did not prepare me at for this type of fight.  I have always exercised my privilege to vote, but have been extremely unwise about political goings on.

 

I want to again go on record that we strongly object to the bisecting of our property by Springfield extension even though we are willing to donate land for an alternate route.  The change, in 1991, of the route of Springfield was without our knowledge, until after the fact.  This change was approved by Council in spite of denial by Mr.  Dave Pasley, Planning Director at the time.  In late 1991, not realizing we could actually dare to oppose the City, and knowing nothing of matters such as this, I consulted with Carlos Mejia, P. E.  Engineering.  He had been left without access by the development of Salinas Key.  Now that we are in our seventies, we only wish to continue to live our remaining years on our property in peace. 

 

I beg you not to be so unfair as to bisect our property.  Our offer to donate property for Springfield extension (if our property remains undivided) still stands."

 

Julio Garcia, an attorney representing the Leyendeckers, urged the Council to table any action on Items 16 and 17 of the agenda.  He stressed the importance of the Council reviewing  information before making a decision. 

Cm.  Guerra read the following letter from the Laredo Customs Brokers Association:

 

"The Laredo License Customs Brokers Association would like to go on record in opposition of the proposed fees on commercial facilities.  During this time of economic slowdown in the Untied States we the Brokers Association fee that it would impair our community to continue to impose additional financial burdens on the industry that has been the back bone of Laredo. 

 

The continuance of Laredo in burdening International companies with increased fees and using them as a source additional funding thru fees and taxes will assuredly encourage these companies to find other ports of entry into the United States.

 

The Association feels that the city should look at what this trade brings to Laredo instead of having this industry look at where else they can go.

 

We the Laredo Brokers Association urge you to cease all increases at this time."

 

Cm.  Guerra submitted two other letters for the record to be on file at the City Secretary's Office. 

 

Cm.  Agredano stated that he was privileged to represent the Mayor at the October 19th  Meadow/Chacon Bridge opening. He also mentioned the success of the Las Palmas Clean-Up that was held on October 20th.  Finally, he invited the public to participate in the 4th Annual 5 K Run to be held on October 28th that will provide scholarships to students in District I.  He said the run would be dedicated to victims of the September 11th terrorist attack on the United States. 

 

Cm.  Bruni thanked staff for their prompt response to complaints from his constituents. 

 

Mayor Pro Tempore Valdez thanked his constituents that participated in the Dia del Rio.  He also stated that he would be working on several issues concerning the skate park. 

 

Cm.  Guerra mentioned that he was honored to represent the Mayor and Council at a Red Ribbon Week Parade at Nye Elementary School.  

 

Cm.  J.  Valdez expressed his dissatisfaction about an article that was printed about privatization.  He mentioned that there are several issues that need to be addressed before Council makes a decision. 

 

Cm.  Ramirez thanked all the individuals that participated in the cleaning of Las Palmas Park. 

 

Mayor Pro Tempore Valdez said that he represented the Mayor at a Proclamation for National Bus Safety Week that will be held from October 22nd to 27th.  He expressed his appreciation to all drivers. 

 

Jessica Hein, Assistant to City Manager, invited the Council, Mayor and City employees to attend Make A Difference Day to be held on October 27th at the Las Palmas Park.  

 

Mayor Flores mentioned that she had received a letter from the Laredo Philharmonic Chorale asking permission for patrons and chorale participants to park at the El Metro Parking facility on October 29th and 30th at no cost. 

 

Larry Dovalina, City Manager, noted that the ordinance does allow for the City Manager to waive the fees for the Laredo Philharmonic Chorale. 

 

VI.       APPOINTMENTS TO COMMISSION, BOARDS AND COMMITTEES

 

            None.

 

VII.     PUBLIC HEARINGS

 

1.      Public hearing and introductory ordinance authorizing the City Manager to accept funds

and amend the City of Laredo FY 2001-2002 annual budget in the amount of $50,000 in funds from the Texas Department of Health for the Breast and Cervical Cancer Project - Case Management of the City of Laredo Health Department for the period beginning September 1, 2001, through August 31, 2002.

 

Motion to open the public hearing.

 

Moved:  Cm.  Bruni

Second:  Cm.  Amaya

For:     7                                         Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Bruni

Second:  Mayor Pro Tempore Valdez

For:  7                                            Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

2.  Public hearing and introductory ordinance amending Chapter 12  of the Code of

Ordinances, City of Laredo, Texas to include Article IV to establish fees for fire inspection services and life safety inspections, within the corporate limits of the City of Laredo, Texas.

 

     Motion to open the public hearing.

 

     Moved:  Cm.  Bruni

     Second:  Cm.  Amaya

                 For:     7                                          Against:  0                                            Abstain:  0

 

David Newman, member Fire Inspection Ad Hoc Committee, gave a brief overview of the issues that the committee addressed.  He said the most important issue is safety and working with the business owners to notify them of the annual inspection. 

 

Mike McBain, from Laredo Cotton Transfer, stressed the importance of educating business owners about the new ordinance. 

 

Tom Wade, manager of Emmerson Electric and a representative of the Transportation  Association, spoke against the fee for fire inspection services.

 

Joseph Martinez, from Southwestern Motor Transport, spoke against the fee.

 

Frank Vida, President of Brenco Inc., spoke against the fee.

 

Tom Garmen, Central Freight Line, spoke against the fee.

 

Ricardo Arredondo, from American Freightways, stated that the ordinance needs to be researched more before the fee is implemented.

 

Fire Chief Luis Sosa reported that he agreed with the outcome of the Ad-Hoc Committee.  He added if the business owners are in compliance with the ordinance that they would not pay a penalty. 

 

Chris Niles, from Fire Department, gave a small presentation on the differences between the original ordinance and the new proposed ordinance.   He stated that the new ordinance does not have a fee for the annual inspection; however, if a re-inspection is required a fee will be charged.  He noted that businesses will be given a blank fire inspection form prior to the inspection.   

 

    Motion to close the public hearing and introduce.

 

     Moved:  Mayor Pro Tempore Valdez

                 Second:  Cm.  Valdez

     For:     5                                          Against:  2                                            Abstain:  0

     Cm.  Agredano                                Cm.  Guerra

     Cm.  Bruni                                       Cm.  Ramirez

     Cm.  Amaya

     Mayor Pro Tempore Valdez

     Cm.  Valdez

 

     Ordinance Introduction:  City Council except Cm.  Guerra and Cm.  Ramirez

 

            3.  Public hearing and introductory ordinance amending Chapter 21,  of

the Code of Ordinances of the City of Laredo by creating Article VII, establishing a juvenile day-time and night-time curfew, defining terms, creating offenses for minors, parent and guardians of minors, and business establishments violating curfew regulations, providing defenses, providing for enforcement by the Police Department, providing for a waiver by the Municipal Court of jurisdiction over a minor when required under the Texas Family Code, providing for a penalty not to exceed $500.00, providing for classification of any offense listed herein as a Class "C" misdemeanor, providing for a savings clause, providing for a severability clause, establishing an effective date, and providing for publication in a  local newspaper.

 

Motion to open the public hearing.

 

 

 

Moved:  Cm.  Bruni

Second:  Cm.  Agredano

For:     7                                         Against:  0                                            Abstain:  0

 

Sylvia Hurd spoke in favor of the ordinance. 

 

Ester Firova, United Independent School District representative, stated that they are in favor of the 12 midnight curfew.

 

Jesus "Toro" Martinez, Program Director for Webb County Coalition, spoke in favor of the ordinance.  He stated that he is totally against government going into private lives; however, he said that the present ordinance has been successful in assisting parent, and he feels that a more stringent ordinance is needed. 

 

Motion to ask the City Attorney to research on whether the City can mandate the Municipal Court Judge to issue community service to the youth that violate the City Ordinance. 

 

Moved:  Cm.  J.  Valdez

Second:  Cm.  Amaya

For:     7                                         Against:  0                                            Abstain:  0 

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Bruni 

Second:  Cm.  Agredano

For:     7                                         Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

4.  Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the

City of Laredo by rezoning Lots 4, 5, and the East 1/2 of Lot 3, Block 1268, Eastern Division, located at 2219 Clark Blvd., from R-1 (Single Family Residential District) to B-1 (Limited to Commercial District).  The Planning and Zoning Commission has recommended denial of the proposed zone change.

 

Motion to open the public hearing.

 

     Moved:  Cm.  Bruni

     Second:  Cm.  Agredano

     For:     7                                          Against:  0                                            Abstain:  0

 

Mr.  Mario Gutierrez stated that he is not interested in rezoning that area. He is interested in obtaining a Conditional Use Permit which will allow him to operate a portrait studio from his residence.  He submitted a list of names from surrounding neighbors agreeing to the business. 

 

Motion to close the public hearing postpone until next meeting.

 

 

Moved:  Cm.  Bruni

Second:  Cm.  J.  Valdez

For:     7                                         Against:  0                                            Abstain:  0

 

5.  Public hearing and introductory ordinance amending the Zoning and Ordinance (Map) of

the City of Laredo by rezoning all of Blocks 954, Western Division, located at the 2100 block of Pierce St., from R-3 (Mixed Residential District) to R-1A (Single Family Reduced Area District).  The Planning and Zoning Committee has recommended approval of the proposed zone change.

 

     Motion to open the public hearing.

 

     Moved:  Cm.  Agredano

     Second:  Cm.  Amaya

     For:     7                                          Against:  0                                            Abstain:  0

 

     There was no public input.

 

     Motion to close the public hearing and introduce.

 

     Moved:  Cm.  J.  Valdez

     Second:  Cm.  Bruni

     For:      7                                         Against:  0                                            Abstain:  0

 

     Ordinance Introduction:  Cm.  J.  Valdez

 

6.  Public hearing and introductory ordinance amending the Zoning and Ordinance (Map) of

the City of Laredo by rezoning All of Blocks 955, Western Division, located at the 2200 block of Pierce St., from R-3 (Mixed Residential District) to R-1A (Single Family Reduced Area District).  The Planning and Zoning Committee has recommended approval of the proposed zone change.

 

Motion to open the public hearing.

 

Moved:  Cm.  Agredano

     Second:  Cm.  Bruni

     For:     7                                          Against:  0                                            Abstain:  0

 

     There was no public input.

 

     Motion to close the public hearing and introduce.

 

     Moved:  Cm.  J.  Valdez

                 Second:  Cm.  Bruni

     For:      7                                         Against:  0                                            Abstain:  0

 

     Ordinance Introduction:  Cm.  J.  Valdez

 

 

 

7.  Public hearing and introductory ordinance amending the Zoning and Ordinance (Map) of

the City of Laredo by rezoning Lots 7 and 8, Block 529, Western Division, located at 1604 and 1606 Park St., from R-3 (Mixed Residential District) to B-1 (Limited Commercial District).  The Planning and Zoning Commission has recommended denial of the proposed zone change.

 

Motion to open the public hearing.

 

Moved:  Cm.  Agredano

     Second:  Cm.  Bruni

     For:     7                                          Against:  0                                            Abstain:  0

 

Ron Whitehawk, representing the Earles Family, asked for the zone change to be amended to a Conditional Use Permit for a daycare center.  Ivonne Earls submitted a petition which was solicited from surrounding neighbors seeking their approval of the Conditional Use Permit. 

 

Mr.  Martinez spoke against changing the zone.

 

     Motion to close the public hearing and introduce as a Conditional Use Permit.

 

     Moved:  Cm.  J.  Valdez

                 Second:  Mayor Pro Tempore Valdez

     For:     7                                          Against:  0                                            Abstain:  0

 

     Ordinance Introduction:  Cm.  J.  Valdez

 

8.  Public hearing and introductory ordinance amending Ordinance No. 2000-O-306,

authorizing the issuance of a Special Use Permit for mini-storage warehouses on Lots 7, 8, 9, and 10, Block 431, Eastern Division, located at 202 W. Saunders St., such that the permit includes a revised site plan.  The Planning and Zoning Commission has recommended approval of the proposed Special Use Permit amendment.

 

Motion to open the public hearing.

 

Moved:  Cm.  Agredano

     Second:  Cm.  Bruni

     For:      7                                         Against:  0                                            Abstain:  0

 

     There was no public input.

 

Motion to close and postpone until the applicant complies with the landscaping agreement.  

 

     Moved:  Mayor Pro Tempore Valdez

                 Second:  Cm.  Bruni

     For:      7                                         Against:  0                                            Abstain:  0

 

 

 

9.  Public hearing and introductory ordinance amending the Zoning and Ordinance (Map) of

the City of Laredo by rezoning Lots 1-A and 1-B, Block 3, G & M Apartment and Townhouse Project, Del Mar Hills Subdivision, located at 7019 Village Blvd. from R-O (Residential/Office District) to B-1 (Limited Commercial District).  The Planning and Zoning Commission has recommended approval of the proposed zone change.

 

Motion to open the public hearing.

 

Moved:  Cm.  Bruni

     Second:  Cm.  Agredano

     For:     7                                          Against:  0                                            Abstain:  0

 

Ron Whitehawk, on behalf of the property owner, spoke in favor of the zone change request. 

 

     Motion to close the public hearing and introduce.

 

     Moved:  Cm.  Guerra

                 Second:  Cm.  Agredano

     For:     7                                          Against:  0                                            Abstain:  0

 

     Ordinance Introduction:  Cm.  Guerra

 

10.  Public hearing and introductory ordinance amending the Zoning and Ordinance (Map)

of the City of Laredo by rezoning Lots 5-B and 5-C, Block 1, North Creek Plaza Subdivision located east of Springfield Rd. and north of Del Mar Blvd. from R-1 (Single Family Residential District) and B-4 (Highway Commercial District) to B-1 (Limited Commercial District).  The Planning and Zoning Commission has recommended approval of the