CITY OF LAREDO
CITY
COUNCIL MEETING
M2002-R-08
CITY
COUNCIL CHAMBERS
1110 HOUSTON STREET
LAREDO,
TEXAS 78040
APRIL 15, 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:
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
Cynthia Collazo, Assistant
City Manager
Jaime Flores, City
Attorney
Motion to excuse Mayor Elizabeth
G. Flores.
Moved: Cm. Amaya
Second: Cm. Agredano
For: 7 Against: 0 Abstain: 0
IV. MINUTES
None.
V. COMMUNICATIONS AND RECOGNITIONS
Announcements
a.
Alexandra Ortiz and Alexia Quintero, 7th grade students from United
Middle School,
will sing National Anthem.
Alexandria Ortiz and Alexia Quintero gave a rendition of our
National Anthem. They also presented
the Mayor and City Council with a photograph.
Cm. Ramirez announced that Martin High School will be holding a
Project Grad program on May 1, 2002.
They will also be holding a rally that same day from 6:00 p.m. to 7:00
p.m. in the school cafeteria. On May 4,
2002, parents, teachers, and students will visit 187 homes of Christen Middle
School 8th graders who are expected to
attend Martin High School in order to meet with their parents.
Cm. J. Valdez, Jr. publicly thanked Conrado Cruz of Rio Grande
Little League for the invitation extended to attend the inauguration of the
league's new season. He mentioned that
the organization had a tremendous turnout.
Cm. Amaya congratulated Blanca Castro for being named as
Chairperson of the Telecommunications Advisory Committee.
Cm. Galo thanked Webb County for conducting an arrest on the
illegal dumping violations. He
mentioned that he trusts they will continue the good work and that the City of
Laredo will continue to be more active in that area.
Cm. Bruni submitted the Southwest Texas Rain Enhancement
Association's report for Flights No. 5 and No. 6 conducted April 14, 2002, for
the record.
Cm. Agredano spoke about his thoughts for naming the new
Firefighters Training Facility. After
speaking to former Chief Mike Perez, he agreed that the training facility
should not carry the name of any one in particular but should be named the
Firefighters Training Facility to honor all firefighters.
b.
Presentation and demonstration of the Hercules Robot by the United
Engineering and
Technology Magnet staff and
students.
David Canales, Magnet School Engineering Program Director, stated
that a group of the United Engineering and Technology Magnet School students
recently competed at the state and national level with other magnet schools
throughout the country. The group
garnered the Rookie All-Star award at the competition and their entry advanced all the way to the quarter finals. He expects the students will submit another
entry next year.
Invitations
None.
Recognitions
None.
Communiqués
a.
Friends of the Library donation in the amount of $23,000.00 to the
Laredo Public
Library.
The Friends of the Library presented the public library a check
for $23,000.00 from funds collected through sales from the Book of Knowledge.
John Castro, student at United High School, spoke about the
advantages in passing a Living Wage Ordinance for local employees.
VI. APPOINTMENTS TO COMMISSIONS, BOARDS AND
COMMITTEES
None.
VII. PUBLIC HEARINGS
1.
Public hearing granting Reliant Energy Entex, a division of Reliant
Energy Resources
Corp., and its
successors, the right, privilege and franchise to construct, lay, maintain and
operate pipelines and gas mains in, under, over, across and along, and to usepresent
and future streets, alleys, public thoroughfares and grounds of the City of
Laredo, for the purpose of transporting, distributing and selling gas (natural,
artificial or mixed) for all
purposes for which gas is or may be used
to the municipality and inhabitants of said City of Laredo, Texas, and to any
other person or persons, for a term of twenty years;
providing for the manner of acceptance of
this franchise by Entex; providing for payment by Entex to City for the rights
and privileges granted by this franchise; and
making miscellaneous provisions in
connection therewith.
Motion to open the public hearing.
Moved: Cm.
Bruni
Second: Cm. Amaya
For: 7 Against: 0 Abstain: 0
Nelda Juarez, District Manager from Reliant Energy Entex, spoke in
favor of renewing the franchise.
Motion to close the public hearing.
Moved: Cm. Bruni
Second: Cm. Amaya
For: 7 Against: 0 Abstain: 0
2.
Public hearing and introductory ordinance amending the Fiscal Year
2001-2002 budget of the City of Laredo in the amount of $10,000.00 in additional
funds from the Texas Department of Health for the HIV/AIDS Prevention and Education
Project of the City of Laredo Health Department for the period beginning
January 1, 2002, through
December 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. J.
Valdez, Jr.
Second: Cm. Amaya
For: 7 Against: 0 Abstain: 0
Ordinance Introduction: City Council
3.
Public hearing and introductory ordinance authorizing the City Manager
to amend the
City of Laredo FY 2001-2002 annual budget
by appropriating revenues and expenditures in the amount of $30,000.00 for Project
Alcance. This program will support
outreach and educational services of the Promotora
Program. Driscoll Children's Health
Plans of Corpus Christi has awarded a $30,000.00 grant to 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. Guerra
Second: Cm. Amaya
For: 7 Against: 0 Abstain: 0
Ordinance Introduction: City Council
4.
Public hearing and introductory ordinance repealing Ordinance Number
2001-O-279 and authorizing the issuance of a Conditional
Use Permit for a portrait studio on Lots 4, 5, and the East 1/2 of Lot 3, Block 1268,
Eastern Division, located at 2219 Clark Blvd; providing for publication and effective
date. On September 20, 2001, the
Planning and Zoning Commission recommended denial of the originally
proposed B-1 zone change.
Motion to open the
public hearing.
Moved: Cm. Amaya
Second: Cm. Bruni
For: 7 Against: 0 Abstain: 0
Gloria Tellez,
representing the applicant, spoke in favor of the Conditional Use Permit.
Mario Gutierrez, applicant, requested that City Council approve
the issuance of a Conditional
Use Permit.
Motion to close the public hearing and introduce as a Conditional
Use Permit for three years on the condition that applicant encloses the exposed
water heater.
Moved: Cm. Bruni
Second: Cm.
Ramirez
For: 7 Against: 0 Abstain: 0
Ordinance Introduction: Cm.
Bruni
5. Public hearing and
introductory ordinance amending the Zoning Ordinance Map of the
City of Laredo by rezoning Blocks 14, 46, and 75, Eastern Division
and those portions of Willow Street and Cedar Avenue which were previous public
right-of-ways, located at 420 Logan Avenue, from M-1 (Light Manufacturing
District) to M-2 (Heavy Manufacturing 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 Tex-Mex Railway, stated that they have
subleased this location to Frontier Logistics.
He mentioned that City Council had heard of this request for a zone
change before, but it was placed in the context of the Tex-Mex ownership. There were some issues that had to be
settled between the City and Tex-Mex which have now been resolved. He is requesting that the user be allowed to
continue operating his business at this location.
Motion to close the public hearing, deny the zone change but allow
a Conditional Use Permit for a period of 10 years with the following
conditions:
1. The C. U. P. is restricted to the storage and handling of
the polystyrene beads.
2. The applicant shall
have the existing wet sprinkler system monitored, and install
water-flow alarms.
3. All areas used by
vehicles for access or maneuvering shall have a level paved surface.
4. Gate arms shall be
placed at the railroad crossing on Logan Ave.
5. All parking shall
comply with the Laredo Land Development Code.
6. The applicant shall
comply with all conditions imposed by the Conditional Use
Permit within six
months of approval date, providing for publication and effective
date.
7. The Conditional Use
Permit is granted to the Texas Mexican Railroad Company and
is
nontransferable.
Moved: Cm. Galo
Second: Cm. Agredano
For: 7 Against: 0 Abstain: 0
Ordinance Introduction: Cm.
Galo
6. Public hearing and
introductory ordinance amending the Zoning Ordinance Map of the
City of Laredo by rezoning 2.6479 acres, as further described by
metes and bounds in attached Exhibit "A", located north of
International Blvd. and east of Bazan Subdivision, from R-3 (Mixed Residential
District) to M-1 (Light Manufacturing District); providing for publication and
effective date. The Planning and Zoning
Commission has recommended denial of the proposed M-1 designation and approval
of a B-3 zone change which will require the applicant to apply separately for a
Special Use Permit for a mini-storage warehouse.
Motion to open the
public hearing.
Moved: Cm. Galo
Second: Cm. Bruni
For: 7 Against: 0 Abstain: 0
Fred Guerra, of G. G. Salinas Engineering, spoke in favor of the B-3
zone change.
Jane Connelly, resident, stated that she was opposed to the M-1 zone
change.
Jesus Longoria stated that he was opposed to the M-1 zone change.
Motion to close the
public hearing and deny the M-1 and support a B-3 zone change.
Moved: Cm. Bruni
Second: Cm. Galo
For: 6 Against: 0 Abstain: 1
Cm. Guerra
Ordinance Introduction: Cm.
Bruni
7. Public hearing and
introductory ordinance amending the Zoning Ordinance Map of the
City of Laredo by rezoning Blocks 56, 67, and 68, Eastern Division
and those portions of Cedar Avenue, Piedra China Street, and Logan Avenue which
were previous public right-of-ways, located at 301 Logan Avenue, from M-1 (Light
Manufacturing District) to M-2 (Heavy Manufacturing 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. Bruni
Second: Cm. Galo
For: 7 Against: 0 Abstain: 0
Ron Whitehawk, representing Tex-Mex Railway, stated that this was
a companion piece to the item discussed under Public Hearing No. 5. He stated that the land use, the applicant,
and the conditions are exactly the same as Item No. 5 and requests that the
user be allowed to continue operating his business at this location.
Motion to close the public
hearing, deny the zone change but allow a Conditional Use
Permit for 10 years with
the following conditions:
1. The Conditonal Use
Permit is restricted to the storage and handling of the polystyrene
beads.
2. The applicant shall
provide a monitored, wet sprinkler system throughout the entire
facility.
3. All areas used by
vehicles for access or maneuvering shall have a level paved surface.
4. Gate arms shall be
placed at the railroad crossing on Logan Ave.
5. All parking shall
comply with the Laredo Land Development Code.
6. The applicant shall
comply with all conditions imposed by the Conditional Use
Permit within six
months of approval date, providing for publication and effective
date.
7. The Conditional Use
Permit is granted to the Texas Mexican Railroad Company and
is nontransferable
Moved: Cm. Galo
Second: Cm. Bruni
For: 7 Against: 0 Abstain: 0
Ordinance Introduction: Cm.
Galo
8. Public hearing and
introductory ordinance authorizing the City Manager to accept and
execute the Vehicle Capital Replacement (VCR) grant 0201 (22)
contract no. 51222F6007 with the Texas Department of Transportation in the
total dollar amount of $773,126.00; consisting of federal funds of $773,126.00
and providing for a soft match of $193,282.00 state toll credits and amending
the FY 2001-2002 budget by appropriating all grant funds in the total amount of
$773,126.00; and providing for grant/contract funds to be deposited in the City
of Laredo Transit Fund.
Motion to open the
public hearing.
Moved: Cm.
Galo
Second: Cm. Bruni
For: 7 Against: 0 Abstain: 0
There was no public input.
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
9. A. Request by Council Member Louis H. Bruni
1.
Status report on the brick pavers on Clark Blvd.
Rogelio
Rivera, City Engineer, reported that the material is out for bid, and the bid
should be awarded by May 6, 2002. He
stated that a Public Works crew will install the brick pavers once the material
is received.
2.
Status report on Eastwoods Park.
This item was tabled for the next City Council meeting.
3.
Discussion with possible action on the intersection of Saunders and
Milmo.
Roberto
Murillo, Traffic Director, noted that back in 1998 there was a request for a
traffic signal in the area. One of the
studies completed was funded by the HEB store and their recommendation was to
install a traffic light at that corner.
Said information was forwarded to TxDOT for them for consideration by
them. At that time, the City received a
letter stating that they wanted to wait for all the improvements to be
completed on that street. They would
have to wait until all the improvements were in place and then follow up with a
study. He mentioned that they never did
get consent from any property owners that they would be donating property to
the City.
Motion
to contact the new owners and put them on notice of the City's request to have
them donate property for street widening project.
Moved: Cm. Bruni
Second: Cm. J. Valdez, Jr.
For: 6 Against: 0 Abstain: 0
Cm.
Ramirez not present.
4.
Status report on the empty lot on Los Ebanos Subdivision.
Erasmo
Villarreal, Community Development Director, stated that the individual was
cited back in September. The department
has again contacted the owner regarding overgrown weeds and a junked vehicle
and they will once again address this issue with the property owner.
B. Request by Council Member Joe A. Guerra
1. Request by Chris Notzon
to discuss the possibility of a moratorium on sexually
oriented businesses in
the City of Laredo, with possible action.
Cordelia
Flores, resident of District VI, spoke about preserving and protecting our
community values. She urged City
Council to implement and enforce the strictest ordinance possible to raise the
standards for issuance of permits for these types of businesses.
Dallas
Moore spoke in favor of a moratorium on sexually oriented businesses.
Marcia
Jovel spoke about the immorality perpetuated by these types of businesses.
Father
Richard Voight mentioned that humankind has a particular dignity and value
which must be maintained. He stated
that he supports Chris Notzon and his proposal that Laredo should make a
statement to the world that we protect the individual's dignity.
Chris
Notzon submitted petitions from members of the community in support of a
moratorium on sexually oriented businesses.
He mentioned that there are cities that have taken it upon themselves to
conduct sexually oriented businesses land use studies. He stated that the City should avoid the
proliferation of sexually oriented businesses in the community. He would like for the City to look at what
other cities have done as far as the formulation of land use studies,
implementation of these land use studies, and then be able to make educated
recommendations from those findings.
Motion
to instruct staff to put together a focus group and see how staff can implement
this type of action in the City of Laredo, and at the same time look into what
restrictions are applicable under the county's jurisdiction to reduce the
possibility of these businesses obtaining a permit through them.
Moved: Cm. J. Valdez, Jr.
Second: Cm. Guerra
For: 7 Against: 0 Abstain: 0
Cm.
Galo mentioned how the entire City Council voted against the first application
made by one of these businesses, the City was involved in litigation and lost
the lawsuit. He does not want to have
the City involved in another lawsuit and waste taxpayers money to fight a
battle that cannot be won. He mentioned
that everyone has to abide by federal statutes and this particular issue falls
under federal law. If citizens want to
make changes, they have to work aggressively for changes to come about and also
go out and vote.
C. Request by Council
Member Jose A. Valdez, Jr.
1. Discussion with
possible action on resurfacing Markley Lane between Santa
Maria and the furthest
railroad line west of Markley Lane.
Rogelio Rivera, City Engineer, stated that due to safety concerns,
the department has in the past done paving over the railroad tracks.
Motion to resurface and level off the area on Markley Lane between
Santa Maria
and the furthest railroad line west of Markley Lane.
Moved: Cm. J. Valdez, Jr.
Second: Cm. Ramirez
For: 7 Against: 0 Abstain: 0
Cynthia
Collazo, Assistant City Manager, mentioned that staff would review the projects
that the City has and look into cost savings
in order to fund this project.
2. Discussion with
possible action on widening the entrance to Rancho Viejo to
include a left turn
lane.
Rogelio
Rivera, City Engineer, stated that they will remove the island out in the
middle of the street and that would allow for addition of another lane to
provide a smoother flow of traffic.
Motion
to look into available cost savings in order to fund this project.
Moved: Cm. J. Valdez, Jr.
Second: Cm. Amaya
For: 7 Against: 0 Abstain: 0
3. Discussion with
possible action regarding sidewalk requirements for new home
construction
throughout the City of Laredo.
Keith
Selman, City Planner, stated that the revised ordinance provides for the
construction of the sidewalk to be coordinated with the construction of a home
in a new subdivision. He mentioned that
this new provision under the 1995 ordinance provides some exemptions as well
for subdivisions that had been adopted under the previous ordinance. So, if there was a subdivision that had been
approved prior to 1995, then the
sidewalk would have been done during the development process. He also stated that sidewalks are now
required on both sides of a street as per the ordinance. Under the current ordinance, any individual
being issued a building permit in a commercially zoned area, whether it pre-dates
that 1995 period or not, has to put a sidewalk in. However, if someone were to go through a replat that exceeds a
quarter of a block, then the sidewalks would be required in the replatting
process. There are circumstances where
the sidewalks have to go in at the development process such as in double
furnished lots.
Cm.
Agredano inquired whether a property owner
would have to obtain a permit if he starts building a home in a
subdivision and then wants to include a
driveway where they have existing sidewalks.
Keith
Selman replied that the owner would have to obtain a permit through the
Engineering Department.
4.
Discussion with possible action to approve skate park equipment in
District VII.
Horacio
De Leon, Parks and Recreation Director, reported that on April 3, 2002, city
staff reviewed bids and requested information from the low bidder. City staff also requested an inspection of
the low bidder's product. On April 11,
2002, the low bidder exhibited the product for inspection and evaluation. He mentioned that he met with
representatives of the high bidder earlier today where several questions were
raised concerning compliance. He
requested additional time to make a recommendation to City Council. He proposed that a motion be considered at
the next regularly scheduled meeting for approval of the lowest qualified
bidder.
Motion
to place this item for the next City Council meeting.
Moved: Cm. J. Valdez, Jr.
Second: Cm. Amaya
For: 7 Against: 0 Abstain: 0