CITY OF
LAREDO
CITY COUNCIL MEETING
M2002-R-06
CITY COUNCIL CHAMBERS
1110 HOUSTON
STREET
LAREDO, TEXAS
78040
MARCH 25,
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 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., Mayor
Pro Tempore, District V
Joe Guerra, Council
Member, District VI
Jose Valdez
Jr., Council
Member, District VII
Juan Ramirez, Council
Member, District VIII
Gustavo
Guevara, City
Secretary
Larry Dovalina, City Manager
Cynthia
Collazo, Assistant
City Manager
Jaime Flores, City
Attorney
IV. MINUTES
Approval of the minutes of
February 25, 2002 and March 11, 2002.
Motion to approve.
Moved: Cm.
Agredano
Second: Cm.
Amaya
For: 8 Against: 0 Abstain: 0
V. COMMUNICATIONS
AND RECOGNITIONS
Announcements
None.
Invitations
Cm. Amaya explained why the City named a park after Jose
"Pepe" Moreno. He invited the
citizens of Laredo to attend a dedication ceremony for Jose "Pepe"
Moreno at the Jose "Pepe" Moreno Park located at Lyon and San
Francisco on Thursday, March 28, 2002, at 3:30 p.m
Recognitions
a. Recognition of Firefighter Robert Tovar for his quick response in
extinguishing a vehicle
on fire while off-duty.
This item was postponed because Mr. Tovar was not in town.
Communiqués
a. Brief report on meetings held in Washington, D.C. on March 4,
2002 through March 6,
2002 by Mayor Elizabeth G.
Flores, Council Member Alfredo Agredano, and Council Member Johnny Amaya.
Cm. Agredano stated that City staff and several Council Members
attended different meetings. He noted
that he specifically attended a HUD meeting to focus on the issues with the
homes in South Laredo. He said that HUD
will be working with the City to offer assistance to the homeowners in South
Laredo.
Cm. Amaya noted the importance of City Officials and City employees
visiting agencies to get approval for grants.
He congratulated City staff for the presentations they gave to the
different agencies.
Mayor Flores thanked the City
staff that prepared for and visited Washington. She noted the importance of the trip. She said that the City booklets that were presented to the
different agencies were well prepared.
She mentioned that the booklets take a lot of time and effort. She mentioned the 3 million dollar grant
given to the Laredo Police Department.
She said that the application had been in the working for a year. She noted that persistence from the City of
Laredo clinched the grant. She
concluded by stating that Laredoans are on
a winning team.
Cm. Ramirez thanked the officers from the Laredo Police Department
for their speedy assistance and arrest in a purse snatching case in the
downtown area. He also wished the
listening public to have a safe and happy Easter.
Cm. Valdez congratulated Council Member Bruni for a victorious bid
for County Judge. He wished the public
a Happy Easter.
Cm. Guerra reiterated in congratulating Council Member Bruni. He wished the citizens of Laredo a Blessed
Easter. He also thanked City staff,
especially Engineering, for their work in District VI.
Mayor Pro Tempore Valdez asked
the citizens to remember the true meaning of Easter. He thanked City staff for all the work they have done in the year
of 2002.
Cm. Amaya wished all the citizens a safe and Happy Easter.
Cm. Galo wished everyone a safe and happy Easter and asked the
citizens to remember the true meaning of Easter. He thanked individuals for sending flowers and prayers to a
family member that passed away two weeks ago.
He also congratulated all the individuals that took the time to run for
election and were victorious. He stressed
the importance of involvement in the up-coming City election. He asked citizens to study their support
and their financial support because elections are very costly.
Cm. Bruni also asked the public to remember the true meaning of
Easter. He took the time to wish the
public a happy and safe Easter. He
thanked the citizens of Laredo for their support in his recent campaign for
County Judge. He submitted the South Texas
Rain Enhancement Report for the record to be on file at the City Secretary's
Office.
Cm. Agredano wished the citizens of Laredo a safe and happy
Easter. He noted that on March 1st the
City held a ribbon cutting ceremony for the bridge at Ligarde Elementary School. He thanked City staff for the success of the
ribbon cutting. He said that on March
15th staff held another groundbreaking
ceremony for the South Laredo Park.
Finally, he noted another ground breaking to be held for the George
Washington Subdivision Community Park.
Mayor Flores wished all the
citizens of Laredo a safe and happy Easter.
She mentioned the dedication ceremony for the Western Hemispheric Trade
Center at Texas A & M International University. She said that Senator Kay Bailey Hutchinson would be the key note
speaker. Finally, she asked for a moment
of silence for citizens that have recently passed away.
VI. APPOINTMENTS TO
COMMISSIONS, BOARDS AND COMMITTEES
None.
VII. PUBLIC HEARINGS
1. Public hearing and introductory ordinance authorizing the
issuance of a Special Use
Permit to Grand Tetons, Inc.
for a sexually oriented business on Lot 9, Block 1, Tejas Industrial Park, Unit
V, located at 8307 San Lorenzo Drive; providing for publication and effective
date. The Planning and Zoning
Commission has recommended approval of the proposed Special Use Permit.
Motion to open the public
hearing.
Moved: Cm.
Bruni
Second: Cm.
Agredano
For: 8 Against: 0 Abstain: 0
John Nicolas Skruck,
representing consultant for James T. Marshack, spoke in favor of the Special
Use Permit. He noted that the
application was filed in accordance with City Ordinance. He informed the Council that the owner wants
to incorporate the use of the second floor.
Mark Willett, who represents La
Costeña Food Products, spoke in objection to the issuance of a Special Use
Permit.
Edward Maddex, representing
Vilore Foods, spoke against the approval of a Special Use Permit.
Gerald Hopkins, representing
the club and the land owner, explained why the applicant is applying for an
Special Use Permit and a Sexually Oriented Business contract. He reiterated that the Special Use Permit
was submitted because of the change of ownership, since Special Use Permits are
non-transferable. He said that the
Sexually Oriented Business Permit was filed due to the substantial enlargement
of the business.
Christopher Notzon, interested
citizen, spoke in opposition of the Special Use Permit.
Mayor Flores stated that there
is a United States Constitution that the Council and all the citizens of Laredo
live by. She asked the City Attorney if
the applicant met all the requirements as required by the City Ordinance.
Jaime Flores, City Attorney,
said that the business meets the requirements that the City Ordinance states in
regulating Sexually Oriented Businesses.
Cm. Galo noted that Sexually Oriented Business should stop at the
Planning and Zoning level because City Council cannot vote against such
issues.
Jaime Flores, City Attorney,
explained that the City Ordinance
refering to Sexually Oriented Businesses used to read that the Council
"may" approve permits; however, the word "may" has been struck by the United States
District Court. It is what the Supreme
Court calls "unbridled discretion".
City staff is currently working on a new ordinance for the Council which
will remove the word "may" and it will read "may not" have
the discretion.
Mayor Flores explained that
Council has a moral obligation to the citizens of Laredo; however, a negative
vote has been condemned by an extensive jurisprudence developed over a
generation. She went on to say that it
is an unconstitutional censorship or prior restraint upon the enjoyment of
those freedoms. The Council has
objected to being caught in the situation.
The Council may vote against this type of establishment and yet there
are certain freedoms that the people need to enjoy, and they have the right
to.
Jaime Flores, City Attorney,
explained that the Council has the right to regulate the secondary
effects. He explained the Ordinance
does include regulations and provisions that an SOB must follow or their
license can be revolked at any time.
Motion to deny.
Moved: Cm.
Valdez
Second: Cm.
Ramirez
For: 3 Against: 4 Abstain: 0
Mayor Flores could not accept
the motion.
Motion to postpone.
Moved: Cm.
Bruni
Second: Cm.
Agredano
For: 3 Against: 4 Abstain: 0
Cm. Agredano Cm. Galo
Cm. Bruni Cm. J.
Valdez
Cm. Amaya Cm. Guerra
Cm. Ramirez
Mayor Pro Tempore was not
present.
Keith Selman, Planning
Director, gave a clarification on the filing date for the Sexually Oriented
Business saying that it is 90 days to the action of the Commission and 120 days
from the date that the application was received for the action of the
Council. The 120 day deadline will be
up on April 3rd for BABES.
Cm. Bruni explained that the issue is beyond the Council's scope
because it falls under a federal law.
He said the law clearly states that Council cannot vote against the ordinance
because that would be breaking the law.
Jaime Flores, City Attorney,
stated that if Council postpones the issue it would be an indefinite
postponement, and the item will be deemed approved after 90 days which would be
on April 3, 2002.
Motion to postpone.
Moved: Cm.
Bruni
Second: Cm.
Galo
For: 5 Against: 4 Abstain: 0
Cm. Agredano Cm. Amaya
Cm. Bruni Cm. Guerra
Cm. Galo Cm. J.
Valdez
Mayor Pro Tempore Valdez Cm.
Ramirez
Mayor Flores voted for
postponement.
2. Public hearing and introductory ordinance amending the Zoning
Ordinance (Map) of the
City of Laredo by rezoning
24.69 acres, as further described by metes and bounds in attached Exhibit
"A", located at the 3500 block of Del Mar Blvd., from R-1 (Single
Family Residential District) and R-2 (Multifamily Residential District) to B-1
(Limited Commercial District); providing for publication and effective
date. The Planning and Zoning
Commission has recommended approval of the proposed zone change.
Motion to open the public
hearing.
Moved: Cm.
Galo
Second: Cm.
Bruni
For: 8 Against: 0 Abstain: 0
There was no public input.
Motion to close the public
hearing and introduce.
Moved: Cm.
Guerra
Second: Cm.
Ramirez
For: 6 Against: 0 Abstain: 0
Ordinance Introduction: Cm.
Guerra
3. Public hearing and introductory ordinance amending Ordinance No.
95-O-100
authorizing the issuance of a
Conditional Use Permit for a concrete batch plant on 5.00 acres, as further
described by metes and bounds in attached Exhibit "A", located on the
west side of Hwy. 83 and north of Masterson Rd., by renewing the term of the
Conditional Use Permit until April 15, 2005; providing for publication and
effective date. The Planning and Zoning
Commission has recommended denial of the proposed Conditional Use Permit
renewal.
Motion to open the public
hearing.
Moved: Cm.
Agredano
Second: Cm.
Amaya
For: 8 Against: 0 Abstain: 0
Ron Whitehawk, who spoke on
behalf of Laredo Ready Mix South, asked that Council approve the zone change
request to serve the South area instead of having trucks coming from the north.
Motion to close the public
hearing and introduce and continue the Conditional Use Permit for a two year
extension.
Moved: Cm.
Galo
Second: Cm.
Ramirez
For: 8 Against: 0 Abstain: 0
Ordinance Introduction: Cm.
Galo
4. Public hearing and introductory ordinance authorizing the
issuance of a Special Use
Permit to Lakeside Subdivision,
L.L.C. for townhouses on Lot 2, Block 17, Lakeside Subdivision, Phase I,
located north of Lake Victoria Road and east of Lakeview Blvd; providing for
publication and effective date. The
Planning and Zoning Commission has recommended approval of the proposed Special
Use Permit subject to applicant's compliance with staff's comments as amended.
Motion to open the public
hearing.
Moved: Cm.
Galo
Second: Cm.
Amaya
For: 8 Against: 0 Abstain: 0
Guillermo Galvan spoke in favor
of the proposed Special Use Permit.
Motion to close the public
hearing and introduce and concur with the staff's recommendations to approve a
Special Use Permit.
Moved: Mayor Pro Tempore Valdez
Second: Cm.
Guerra
For: 8 Against: 0 Abstain: 0
Ordinance Introduction: Mayor Pro Tempore Valdez
5. Public hearing and introductory ordinance amending the Zoning
Ordinance (Map) of the
City of Laredo by rezoning Lots
2, 4, 5, 6, and 8, Block 215, Western Division, located at 1215 San Agustin
Ave., from B-3 (Community Business District) to CBD (Central Business
District); providing for publication and effective date. The Planning and Zoning Commission has
recommended approval of the proposed zone change.
Motion to open the public
hearing.
Moved: Cm.
Agredano
Second: Mayor Pro Tempore Valdez
For: 8 Against: 0 Abstain: 0
Ron Whitehawk, representing
International Bank of Commerce, spoke in favor of the proposed zone change.
Motion to close the public
hearing and introduce.
Moved: Cm.
Ramirez
Second: Cm.
Amaya
For: 8 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 9.00
acres, as further described by metes and bounds in attached Exhibit
"A", located east of Bob Bullock Loop and southeast of Dorel Dr.,
from B-4 (Highway 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 zone change.
Motion to open the public hearing.
Moved: Cm.
Agredano
Second: Cm.
Amaya
For: 5 Against: 0 Abstain: 0
Cm. Bruni, Cm. Galo and
Cm. Valdez were not present.
There was no public input.
Motion to close the public
hearing and introduce.
Moved: Cm.
Ramirez
Second: Cm.
Amaya
For: 5 Against: 0 Abstain: 0
Cm. Bruni, Cm. Galo and
Cm. Valdez were not present to vote.
Ordinance Introduction: City Council
7. Public hearing and introductory ordinance amending the Zoning
Ordinance (Map) of the
City of Laredo by rezoning
0.9980 acres, as further described by metes and bounds in attached Exhibit
"A", located west of Mines Rd, and south of River Bank Dr., from B-3
(Community Business District) to B-4 (Highway Commercial District); providing
for publication and effective date. The
Planning and Zoning Commission has recommended approval of the proposed zone
change.
Motion to open the public
hearing.
Moved: Cm.
Agredano
Second: Cm.
Amaya
For: 5 Against: 0 Abstain: 0
Cm. Bruni, Cm. Galo and Cm.
Valdez were not present to vote.
There was no public input.
Motion to close the public
hearing and introduce.
Moved: Cm.
Guerra
Second: Cm.
Amaya
For: 5 Against: 0 Abstain: 0
Cm. Bruni, Cm. Galo and
Cm. Valdez were not present to vote.
Ordinance Introduction: City Council
8. Public hearing and introductory ordinance authorizing the
issuance of a Special Use
Permit to the Raul de la Garza
Testamentary Trust for a bar on Lot 5, Block 19, Western Division, located at
907 Zaragoza St.; providing for publication and effective date. The Planning and Zoning Commission has
recommended approval of the proposed SUP subject to the applicant's compliance
with the provisions of the Laredo Land Development Code regarding the issuance
of a Special Use Permit for a bar in the Historic District.
Motion to open the public
hearing.
Moved: Cm.
Agredano
Second: Cm.
Amaya
For: 5 Against: 0 Abstain: 0
Cm. Bruni, Cm. Galo and
Cm. Valdez were not present to vote.
Raul De La Garza,
applicant, gave a history on the
property on Lot 5, Block 19. He spoke
in favor of a Special Use Permit.
Jonathon De La Garza spoke in favor of the Special Use Permit,
and stated that the plans for the establishment are creating a bar similar to
the one he manages in San Antonio. He
said the bar would give Laredo a different atmosphere for professionals to
enjoy.
Motion to close the public
hearing and introduce.
Moved: Cm.
Ramirez
Second: Cm.
Bruni
For: 8 Against: 0 Abstain: 0
Ordinance Introduction: Cm.
Ramirez
9. Public hearing and introductory ordinance amending the City of
Laredo FY 2001-02
annual budget in the Fire
Training Facility Fund by appropriating revenues and expenses of $125,611.00
from available interest earnings for the purchase of fire equipment and
authorizing the City Manager to implement said budget.
Motion to open the public
hearing.
Moved: Cm.
Galo
Second: Cm.
Bruni
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
10. Public hearing and introductory ordinance amending Article XI,
Truck Traffic,
Division 2, Truck Routes,
Section 19-410 Truck Routes Designated, of Chapter 19 of the City of Laredo
Code of Ordinances by deleting Lafayette Street Westbound only from IH 35 to
Santa Isabel, clarifying U.S. 83 to include Houston and Matamoros and designating
all of Loop 20 to the World Trade Bridge; providing for publication and
effective date.
Motion to open the public hearing.
Moved: Cm. Bruni
Second: Cm. Galo
For: 8 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing and introduce as amended by
deleting the Lafayette
portion.
Moved: Cm. Valdez
Second: Cm. Ramirez
For: 8 Against: 0 Abstain: 0