CITY OF LAREDO
CITY COUNCIL MEETING
M2002-R-02
CITY COUNCIL CHAMBERS
1110 HOUSTON STREET
LAREDO, TEXAS 78040
JANUARY 28, 2002
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
John C. Galo, Council
Member, District III
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
Jaime Flores, City
Attorney
IV. MINUTES
None
V. COMMUNICATIONS AND RECOGNITIONS
Announcements
None.
Invitations
None.
Recognitions
a. Recognition of the winners of the Mayor's
Cup Softball Tournament.
Horacio De Leon, Parks and Recreation Director, reported that the
Mayor's Cup Softball Tournament was made up of teams of city employees from
different departments. The teams were
divided into two divisions and he reported the results:
"A" Division 1st
place Fire
Department
"A" Division 2nd
place Utilities
Department
"B" Division 1st
place Parks &
Recreation Department
"B" Division 2nd
place City Hall
Overall winner of the 2001 Mayor's Cup was the Fire Department.
Team Manager award went to Larry Dovalina, City Manager.
Communiqués
Cm. Bruni mentioned he read a newspaper article dealing with the
secondary water source issue. He
mentioned that the article quoted a total project cost of $80 million. He stated that he understands the capital
improvements cost for the project will be between $30 million to $40 million. He also clarified that this project is not
being solely funded by rate increases; it may be funded by the privatization of
the Utilities Department. He stated
that the City Council is not looking to increase taxes but it is interested in
looking at ways to work toward solutions for the common good of all taxpayers.
Cm. Galo made similar comments regarding the misleading newspaper
article. He also stated that the
Sanitation Department received mention in the newspaper for its fine work. He expressed his appreciation to Joe Guerra,
Public Works Director, and the crew involved.
He also expressed his appreciation to Tex-Mex Railway for
maintaining the rights-of-way and asked all citizens to help keep those areas
clean and not use them as dumping sites.
Cm. J.
Valdez, Jr. stated that Laredo Independent School District is currently busing
children at the recreational center and at the Boys and Girls Club. He wants to make sure that people are aware
of this and that motorists stop when the buses are picking up and dropping off
school children.
Mayor Flores
mentioned she just returned from Washington, D. C. She mentioned the President's
proposed reduction to the Transportation Funds by 27 %. She stated that the complex issues being
confronted by our federal government dictate the stance that President Bush is
taking. She mentioned that she also
visited with the Secretary of Transportation
and Tom Ridge, Director of Homeland Security as well as other
individuals that deal with the issues that confront us every day. On behalf of the President of the United
States, Mayor Flores thanked the Police Chief and Fire Chief for the work they
do and all those men and women who protect our lives and our property every day
and put their lives at risk.
VI. APPOINTMENTS TO COMMISSIONS, BOARDS AND
COMMITTEES
a. Appointment by Council
Member Joe. A. Guerra of Tony Trevino to the City Charter
Commission.
Motion to approve.
Moved: Cm.
Galo
Second: Cm.
J. Valdez, Jr.
For: 7 Against: 0 Abstain: 0
Cm. Agredano not present.
b. Appointment by Council
Member Alfredo Agredano of Tom Mitchell to the City
Charter Commission.
Motion to approve.
Moved: Cm.
Galo
Second: Cm.
J. Valdez, Jr.
For: 7 Against: 0 Abstain: 0
Cm. Agredano not present.
Cm. Agredano arrived at 5:50 p.m.
Cm. Bruni left at 6:15 p.m. and returned at 7:05
p.m.
VII. PUBLIC HEARINGS
1. Public hearing and
introductory ordinance amending section 24.80 of the Laredo Land
Development Code by revising citations to the Texas Administrative
Code in Section 42.80.2 (D), creating Section 24.80.3 requiring improvements
and a plat to be filed for the subdivision of a parcel of land into two or more
lots five acres or less which is intended for residential purposes within the
corporate limits of the City of Laredo, creating Section 24.80.4 (D) requiring
all water supply systems to be consistent with the standards developed by the
TNRCC and as set out in 30 TAC Chapter 290, creating Section 24.80.4 (E)(2)(i)
prohibiting pit privies, portable toilets, and on-site sewage facilities that
do not meet the wastewater treatment standards developed by TNRCC and set out
in 30 TAC Chapter 285; and providing for publication and effective date.
Motion to open the public hearing.
Moved: Cm. Galo
Second: Cm. Agredano
For: 7 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing and introduce.
Moved: Cm. Galo
Second: Cm. J. Valdez, Jr.
For: 7 Against: 0 Abstain: 0
Ordinance Introduction:
City Council
2. Public hearing and
introductory ordinance amending the Zoning Ordinance (Map) of the
City of Laredo by rezoning Lot 1, Block 547, Eastern Division,
located at 901 Gustavus St., from R-3 (Mixed Residential District) to B-1
(Limited Commercial District); providing for publication and effective
date. The Planning and Zoning
Commission has recommended denial of the proposed zone change.
Motion to open the public hearing.
Moved: Cm. Galo
Second: Cm. Agredano
For: 7 Against: 0 Abstain: 0
Nancy Rivera stated that they are trying to obtain a B-1 zoning
designation change.
Motion to close the public hearing, table and have staff bring the
item back as a C.U.P.
Moved: Cm. Galo
Second: Cm. Ramirez
For: 7 Against: 0 Abstain: 0
3. Public hearing and
introductory ordinance amending the Zoning Ordinance (Map) of the
City of Laredo by rezoning Lot 252, Block 13, Del Mar Hills
Subdivision, Section 1, Area "A", located at #2 Lindenwood Drive, from
R-1 (Single Family Residential District) to R-O (Residential-Office District);
providing for publication and effective date.
The Planning and Zoning Commission has recommended denial of the
proposed zone change.
Motion to open the public hearing.
Moved: Cm. Galo
Second: Cm. Agredano
For: 7 Against: 0 Abstain: 0
Ron Whitehawk, representing the proposed purchaser of the
property, spoke before City Council. He
stated that the zoning there is consistent with what is immediately adjacent to
it along Del Mar Boulevard. He
mentioned that the front of the property would retain its residential
appearance and the home will be used for professional office space.
Diana Santos spoke on behalf of her mother Alicia Vaughn. She asked City Council to consider this zone
change request. The neighborhood has changed extensively and prospective home
buyers mention that the traffic along the street is too busy and loud.
Jaime Flores, City Attorney, stated he has not reviewed this
particular lot but from the information he received, the deed restrictions and
covenants applied to all the residential areas in Del Mar. He stated that the covenants themselves
state that the owner needs to have greater than 50% of the residents approve
the zone change.
Keith Selman, Planning Director, stated that this property is
under the same covenants as the previous application that went before City
Council. It is part of those older
subdivisions that fall under the covenants and deed restrictions.
Michael Dickerson, one of the proposed owners of the property,
spoke before City Council. He urged
City Council to go forward with the R-O zone change. He stated that the City does not have standing and the City has
no business in any type of litigation.
The parties that would be responsible are those owners involved in the
plat. It is a civil action that does
not have anything to do with the City's zoning.
Mayor Flores stated that she would like to get information as to
what part of the subdivision falls under the deed restrictions.
Motion to close the public hearing, override Planning and Zoning
Commission's recommendation, and introduce.
Moved: Cm. Guerra
Second: Cm. Ramirez
For: 5 Against: 2 Abstain: 0
Cm.
Agredano
Cm.
Galo
Upon being put to a vote, the motion failed because is requires
six votes in favor.
Motion to close the public hearing.
Moved: Cm. Galo
Second: Cm. Amaya
For: 7 Against:
0 Abstain: 0
4. Public hearing and
introductory ordinance amending the Zoning Ordinance (Map) of the
City of Laredo by rezoning Lot 4, Block 1653, Eastern Division,
located at 2719 Clark Blvd., from R-1 (Single Family Residential District) to
B-1 (Limited Commercial District); providing for publication and effective
date. The Planning and Zoning
Commission has recommended denial of the proposed change.
Motion to open the public hearing.
Moved: Cm. Galo
Second: Cm. Agredano
For: 7 Against: 0 Abstain: 0
Carlo Menchaca stated that he was opposed to the proposed change
and submitted a petition with 21 signatures.
Rogelio Rivera, City Engineer, stated that he and his wife are
requesting the zone change for the purpose of establishing a gift shop at that
location. He understands that there is
plenty of opposition to the B-1 designation.
There is another zoning designation which is an R-O which allows for the
sale of handcrafted items. He mentioned
that he would be in favor an R-O designation or a conditional use permit if
City Council so decides.
Motion to close the public hearing and introduce as a C.U.P. for
use as a gift shop and override Planning and Zoning Commission's
recommendation.
Moved: Cm. Amaya
Second: Cm. Galo
For: 7 Against: 0 Abstain: 0
Ordinance Introduction:
Cm. Amaya
5. Public hearing and
introductory ordinance amending the Zoning Ordinance (Map) of the
City of Laredo by rezoning Lot 5, Block 1108, Western Division,
located at 102 Matamoros St., from B-1 (Limited Commercial District) to B-3
(Community Business District); providing for publication and effective
date. The Planning and Zoning
Commission has recommended approval of the proposed change.
Motion to open the public hearing.
Moved: Cm. Galo
Second: Cm. Agredano
For: 7 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing and introduce.
Moved: Cm. Ramirez
Second: Cm. J. Valdez, Jr.
For: 7 Against: 0 Abstain: 0
Ordinance Introduction:
Cm. Ramirez
6. Public hearing and
introductory ordinance amending the Zoning Ordinance (Map) of the
City of Laredo by rezoning 49.95 acres, as further described by
metes and bounds on attached Exhibit "A", located west of Bob Bullock
Loop and south of the proposed Jacaman Road extension, from AG (Agricultural
District), R-1 (Single Family Residential District), and M-1 (Light
Manufacturing District) to B-4 (Highway Commercial District); providing for
publication and effective date. The
Planning and Zoning Commission has recommended approval of the proposed
change.
Motion to open the public hearing.
Moved: Cm. Galo
Second: Cm. J. Valdez, Jr.
For: 7 Against: 0 Abstain: 0
Harry Jewett, representing the Jacaman interest, stated that this
particular zone change is in conjunction with the sports arena project. He commented that they had a Master Plan to
accommodate this particular project and the existing zoning pattern was based
on an earlier plan. Now that the sports
arena project is in place, they need to bring all of this into compliance. They have revised the Master Plan for this
area and it has received approval from the Planning and Zoning Commission.
Motion to close the public hearing and introduce.
Moved: Mayor Pro Tem E.
Valdez, Jr.
Second: Cm. Guerra
For: 7 Against: 0 Abstain: 0
Ordinance Introduction:
Mayor Pro Tem E. Valdez, Jr.
7. Public hearing and
introductory ordinance amending the Zoning Ordinance (Map) of the
City of Laredo by rezoning 6.19 acres, as further described by
metes and bounds on attached Exhibit "A", located north of Kimberly
Drive and east of Chris Lane, from R-1 (Single Family Residential District) to
R-1A (Single Family Reduced Area District); providing for publication and
effective date. The Planning and Zoning
Commission has recommended approval of the proposed change.
Motion to open the public hearing.
Moved: Cm. Galo
Second: Cm. Amaya
For: 7 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing and introduce.
Moved: Cm. Guerra
Second: Cm. Amaya
For: 7 Against: 0 Abstain: 0
Ordinance Introduction:
Cm. Guerra
8. Public hearing and
introductory ordinance authorizing the City Manager to amend the
FY 2001-2002 annual budget in the amount of $13,147.00 in
additional funds for the Medicaid Administrative Cost (MAC) Project of the City
of Laredo Health Department for the period beginning October 1, 2001, through
September 30, 2002.
Motion to open the public hearing.
Moved: Cm. Galo
Second: Cm. Amaya
For: 7 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing and introduce.
Moved: Cm. Galo
Second: Cm. Amaya
For: 7 Against: 0 Abstain: 0
Ordinance Introduction:
City Council
9. Public hearing and
introductory ordinance amending the City of Laredo Fiscal Year
2001-2002 General Fund annual budget and Contractual Obligations
Fund annual budget by transferring $2,202,940.00 from the General Fund balance
and appropriating it in the Contractual Obligations Fund. The amendment will draw down $2,202,940.00
from the General Fund opening balance and appropriate a transfer out of
$2,202,940.00 to the Contractual Obligations Fund. Amending the Contractual Obligations Fund to appropriate
$2,202,940.00 for the Personal Property Finance Contractual Obligation for
acquisition of machinery and equipment, automotive equipment and building
improvements.
Motion to open the public hearing.
Moved: Cm. Galo
Second: Cm. Agredano
For: 7 Against: 0 Abstain: 0
There was no public input.
Rosario Cabello, Finance Director, stated that this transaction
would allow the City to secure the necessary funds in order to give the City
the authority to order this equipment.
Motion to close the public hearing and introduce.
Moved: Cm. Galo
Second: Cm. Agredano
For: 7 Against: 0 Abstain: 0
Ordinance Introduction:
City Council
VIII. GENERAL COUNCIL DISCUSSIONS AND
PRESENTATIONS
10. A. Request by Council Member Louis H. Bruni
1. Status report on the
City of Laredo and Webb County Colonia project, with
possible action.
Mr. Keith Kindle, Project Director with Turner, Collie, and Braden made
a
report before City Council. He
mentioned that they held a design status meeting
today and he explained that they have the Mines Road preliminary design
complete for work orders #1 and #2, with the exception of the design of
the
ground storage tank and pump station.
Those are on hold pending the oversizing
completion. Over on 359, they do
have six design contracts of which five
and six elevated storage tanks they have not released a design engineer
pending
the oversizing effort. For work
orders #1 through #4, they have
completed the
preliminary design and are about halfway through with the final
design. There
are some impacts, but those impacts are not that great and they can
readily
change the line size and finish up the design quickly. Going back to the start of
this project in August, the Water Development Board made a commitment of
funds followed by the Border Environment Cooperation Commission in
a
communication in September. The
Commission then approved the engineering
contracts in March and April of 2001.
He stated that they are on schedule give or
take a couple of months and the final design time. Throughout the design status
meetings, they have been coordinating with the County on the
right-of-way
acquisition. They have been
working closely with Tomas Rodriguez and
Yolanda Loera, the right-of-way Coordinator, to follow the acquisition
and make
sure they are on schedule to provide water and wastewater to the
residents by
June, 2003. In regards to the
oversizing effort, they will be receiving the data
this week for the fourth and final model run and the City has already
received
commitments from the developers.
If the fourth model results in the same
amount of money or less which was committed to, the developers are on board.
2. Status report on the
Casa Verde acreage water and wastewater project, with
possible action.
Keith
Selman, Planning Director, reported that staff presented the proposed project
to the residents which entails running the water and sewer lines along Casa
Verde Road. Additional discussion
ensued with the residents and there was discussion about extending beyond that
road. He advised the residents that the
City would need to acquire some rights-of-way.
The property owners then came together to get the necessary signatures
for acquisition of the right-of-way. He
stated that they also talked at length about what needs to be done in order to
connect to the water and sewer lines.
There was discussion about municipal participation in some of those
improvements. One of the things that
was very important was assurance on the citizens' part regarding the commitment
of City Council and staff to get these improvements done for this subdivision.
Cm.
Galo inquired whether the City has a process in place that sees to the charter
provisions that may present a problem and will this process be there as the
City continues with the annexation.
Keith
Selman replied that there was discussion about what was done in the Hilltop
area as an example. There were
assessments done in that area that may be a mechanism to get around the charter
provisions. He stated that he does not
believe they will run into too many dense populations where there are multiple
families living on those tracts.
Cm.
Galo stated that there has to be a uniform process for everyone as the City
attempts to annex. He commented that
the people should be informed that their property taxes will be rising as their
property valuations go up.
Keith
Selman stated that there was an attorney present who explained this to the
property owners. He further stated
that the City should standardize the process for the appraisal of these
properties. The use and state of the
property are what determine the value of the property. The platting of the property will be the
mechanism to ensure the tie-in to the water and sewer services. Exactly what provisions are made for
extending these services and how they will be implemented is a process that
needs to be standardized.
Cm.
Galo suggested that this be done before the City begins with the bond
issue.
3.
Status report on the FAR 150 Noise Study Project.
Jose
Flores, Airport Director, reported that on January 14, 2002, City Council
approved the motion to authorize execution of a contract for the Noise Study
and the Airport Master Plan Update. The
contract documents were submitted to the consultants as well as the Notice to
Proceed. He mentioned that the study
will take at least 12 months and that the City would need to invest close to
$30 million. To this date, the City has
invested approximately $12 million which means there is still more work to be
done. He stated that the Community
Development Department is assisting with the implementation of the noise
abatement measures.
4. Discussion with
possible action on extending the median brick-pavers from Spur
400 and Arkansas to
the 2400 block of Clark.
Rogelio
Rivera, City Engineer, reported that the department previously submitted a
short report to City Council. He stated
that the extension would cover approximately 2600 sq. ft. with a cost estimate
of approximately $13,000.00 to $15,000.00.
He mentioned that he would be required to ask for three proposals from
contractors and in order to go forward with this project as soon as
possible.
Motion
to obtain $13,000.00 from the discretionary funds for District II and follow up
with Request for Proposals and that this item move quickly along in order to
have the brick pavers placed all the way to 2400 Martin.
Moved:
Cm. Bruni
Second: Amaya
For: 8 Against: 0 Abstain:
0
B. Request by Council Member Johnny Amaya
1.
Discussion with possible action on a traffic study to slow down traffic
in the
Buena Vista area.
Roberto
Murillo, Traffic Director, stated that in regards to this request, the
department conducted a study back in 1998.
His department had applied certain criteria at that time, and this
location did not qualify for speed humps back then. Now, there is an ordinance in place that allows for installation
of speed humps. He is asking the
Council Member to provide the name of some residents in order to proceed with
delivery of the information to them and go through the process like the
ordinance calls for. He stated that the
department could also add more speed limit signs and ask for assistance on
speed control from the police department.
He mentioned that he would be able to have a report ready on the traffic
count within four weeks.
C. Request by Mayor Pro-Tempore Eliseo Valdez,
Jr.
1. Discussion with
possible action on drafting a resolution asking our legislators to
draft a bill to change the state laws regarding the discharging of
fire arms in the city limits. That the
responsible act be considered a felony because of the endangerment of lives and
the concern for public safety. That the
same process be followed as was done to change the fines and penalties for
poaching. That the law allow law
enforcement agencies to take action based on complaints and phone calls from
citizens, and that the law enforcement officers be able to take action without
necessarily having to witness the discharging of the fire arm, that they be
able to secure a search warrant based on the complaints. Discussion to include a report from staff,
Customer Service Representatives, Legal Department, and the Police Department.
Agustin Dovalina, III, Police Chief, stated that as a citizen and
as a law enforcement officer, he shares this concern. He has been in communication with the Legal Department on how to
draft such a resolution. He did advise
City Council that the department is specifically bound by the Texas Code of
Criminal Procedure in regards to the specific authority and arrest powers of
peace officers. He will also be
contacting Rep. Richard Raymond to inquire about the specifics in order to
begin drafting that particular resolution and see it to fruition. He will be looking closely at this in order
to ensure compliance with all statutory requirements. He mentioned that calls are always received in connection with
discharging of firearms and firecrackers.
He recommends continuing with public service announcements and advising
the public not to participate in that type of activity. His department is committed to enforcing as
vigorously as it can all the violations related to that particular
activity.
Motion to ask the City to draft a resolution asking our
legislators to draft a bill to change the state laws regarding the discharging
of firearms within the city limits.
Moved: Mayor Pro Tem E.
Valdez, Jr.
Second: Cm. J. Valdez, Jr.
For: 8 Against: 0 Abstain: 0