CITY OF LAREDO
CITY COUNCIL MEETING
M2002-R-015
CITY COUNCIL CHAMBERS
1110 HOUSTON
STREET
LAREDO, TEXAS 78040
AUGUST
5, 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, Mayor
Pro Tempore, District I
Hector J. Garcia, Council
Member, District II
John C. Galo, Council
Member, District III
Johnny Amaya, Council Member, District IV
Eliseo Valdez, Jr., Council
Member, District V
Gene Belmares, 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
Approval of the minutes of June 17,
2002, July 1, 2002, and July 19, 2002.
Motion to approve.
Moved: Cm. Amaya
Second: Cm. J. Valdez, Jr.
For: 8 Against: 0 Abstain: 0
V. COMMUNICATIONS AND RECOGNITIONS
Announcements
Cm. Ramirez announced that the Tecolotes are in
the playoffs and will be playing here on Wednesday, August 7, 2002. He is asking that the community support the
team.
Cm. J. Valdez, Jr. also encouraged the general
public to attend the upcoming Tecolotes playoff game at Veterans Field.
Cm. Belmares thanked City Manager Larry Dovalina
and city staff for their assistance in trying to resolve the traffic concerns
at the new Borchers Elementary school.
Cm. Amaya thanked City Manager Larry Dovalina,
Assistant City Manager Cindy Collazo, Traffic Director Roberto Murillo, and
Community Development Director Erasmo Villarreal for their assistance in
eliminating the traffic problems at Ryan Elementary.
Cm. Garcia reminded the citizens that school
starts in two weeks and asked everyone to be mindful of the speed limits around
school zones.
Mayor Pro Tempore Agredano thanked everyone who
participated in the school supplies drive held at Veterans Field. He mentioned that many children benefit
from this event held every year.
Invitations
None.
Recognitions
a.
Recognition of Humberto Sanchez, Jr., and Graciela Sanchez for their
heroic actions at Lake Casa Blanca on July 13, 2002.
Mayor Flores presented Humberto Sanchez, Jr. and
Graciela Sanchez with a Seven Flags Certificate of Recognition for their swift
action which saved the life of young Alejandra Martinez. Mayor Flores added that there was another
individual, Reynol Cortez, of the Public Works Department, who was recognized
for his heroic actions as well.
b.
Recognition of the Lifeguard
Team from the City’s Parks and Recreation Department
for winning first place in
the overall team category at a competition held in Uvalde,
Texas, on Sunday, July 28, 2002.
Mayor Flores recognized the following team
members for their achievements and their contribution to the department:
Selina Arreguin
Agustin Contreras
Edgar Perez
Cristina Sanchez
Communiqués
VI. APPOINTMENTS TO COMMISSIONS, BOARDS AND
COMMITTEES
a. Appointment
by Council Member Johnny Amaya of Sammy Moreno to the
Vehicles
for Hire Ad Hoc Committee.
Motion to approve the appointment.
Moved: Cm. Galo
Second: Cm. Amaya
For: 8 Against: 0 Abstain:
0
VII. PUBLIC HEARINGS
1. Public
hearing and introductory ordinance accepting and appropriating a grant awarded
by the U.S. Environmental Protection Agency in
the amount of $138,767.00 with the City of Laredo designating $46,192.00 as a
local match and amending the City of Laredo’s FY 2001-2002 NPDES Fund annual
budget by appropriating revenues and expenditures. The grant monies will be used for the Chacon Creek Restoration
Project from HWY 359 South to the Rio Grande River.
Motion to open the public hearing.
Moved:
Cm. Galo
Second:
Cm. Amaya
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
2. Public
hearing and introductory ordinance authorizing the City Manager to accept a
grant in the amount of $1,000,000.00 from the
U.S. Department of Commerce Economic Development Administration (EDA) for the
Calle Iturbide Project, also known as the Streets of Laredo Urban Mall, to
execute all related documentation and to amend the City of Laredo FY 2001-2002
annual budget by appropriating revenues and expenditures in the amount of
$1,450,000.00, which includes previously budgeted CDBG funds of $450,000.00
used as program match.
Motion to open the public hearing.
Moved:
Cm. Garcia
Second:
Cm. Agredano
For: 8 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing and
introduce.
Moved:
Cm. Garcia
Second:
Cm. E. Valdez, Jr.
For: 8 Against: 0 Abstain: 0
Ordinance Introduction: City Council
3. Public
hearing and introductory ordinance amending the City of Laredo Fiscal Year
2001-2002 Recreation Fund annual budget by
appropriating revenues and expenditures in the amount of $5,800.00 for the
administration of recreation programs and authorizing the City Manager to
implement said budget amendment. Excess
funds are available from the collection of fees from classes and lessons over
Fiscal Year 2001-2002 budgeted revenues.
Motion to open the public hearing.
Moved:
Cm. Galo
Second:
Cm. Amaya
For: 8 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing and
introduce.
Moved:
Cm. Agredano
Second:
Cm. J. Valdez, Jr.
For: 8 Against: 0 Abstain: 0
Ordinance Introduction: City Council
4. Public
hearing and introductory ordinance authorizing the City Manager to accept and
execute all documentation by increasing revenues
and expenditures in the amount of
$1,350,586.00 in direct funds and $227,690.00 in program income from the Texas
Department of Health for nine grants:
La Familia Health Care Program, Tuberculosis Elimination Program,
Immunization Action Plan Project, Office of Public Health Practice, Hepatitis C
Screening Project, Maternal and Child (and Dental) Health Program, Family
Planning Services, and the Laredo
Obesity Prevention and Control Project of the City of Laredo Health Department
for the period beginning September 1, 2002, through September 30, 2003, and
amending the City of Laredo FY 2001-2002 budget in the amount of $112,548.00
for the period beginning September 1, 2002 through September 30, 2002. The remaining grant award in the amount of
$1,238,037.00 will be executed in Fiscal Year 2002-2003.
Motion to open the public hearing.
Moved:
Cm. Garcia
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. Amaya
For: 8 Against: 0 Abstain: 0
Ordinance Introduction: City Council
5. Public
hearing and introductory ordinance authorizing the City Manager to amend and
appropriate the FY 2001-2002 annual operating
budget by accepting the donation of $2,350.00 from State Farm Insurance Company
for the purchase of one (1) 911 bilingual emergency simulator. This 911 bilingual emergency simulator will
be used to train school children in fire safety, an educational program that
the Laredo Fire department promotes in the Laredo community.
Motion to open the public hearing.
Moved:
Cm. Garcia
Second:
Cm. Amaya
For:
8 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing and
introduce.
Moved:
Cm. Belmares
Second:
Cm. E. Valdez, Jr.
For: 8 Against: 0 Abstain: 0
Ordinance Introduction: City Council
6. Public
hearing and introductory ordinance amending the City of Laredo’s Fiscal Year
2001-2002 Colonias Fund annual budget by
appropriating revenues and expenditures in the amount of $6,231.450.00. The Border Environmental Infrastructure Fund
through the North American Development Bank is granting said amount to the City
of Laredo for construction in support of improvements to water and wastewater
services to 15 colonias in the City of Laredo and Webb County.
Motion to open the public hearing.
Moved:
Cm. Garcia
Second:
Cm. Amaya
For: 8 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing and
introduce.
Moved:
Cm. Belmares
Second:
Cm. Amaya
For: 8 Against: 0 Abstain: 0
Ordinance Introduction: City Council
7. Public
hearing and Final Reading of Ordinance 2002-O-164 amending sections of the
Laredo Land Development Code pertaining to
Floodplain Management Standards, specifically Section 24-69, Flood Hazard
District; and Appendix A, Definitions; and providing for publication and
effective date. (As amended)
Motion to open the public hearing.
Moved:
Cm. Agredano
Second:
Cm. Amaya
For: 8 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing and adopt
Ordinance #2002-O-164.
Moved:
Cm. Belmares
Second:
Cm. Amaya
For:
8 Against: 0 Abstain: 0
8. Public
hearing and Final Reading of Ordinance 2002-O-172 amending sections of the
Laredo Development Code pertaining to allowable
signage, specifically Section 24.82.3 Off-Premise Signs; Section 24.82.4
Permitted Sign Dimensions; Section 24.82.5.2 Supplementary Standards for all
Districts; and Appendix A; and providing for publication and effective
date.
Motion to open the public hearing.
Moved:
Cm. Garcia
Second:
Cm. Agredano
For: 8 Against: 0 Abstain: 0
Chris Stokes from Lamar Advertising appeared in
support of the ordinance. He mentioned
that he has met with Keith Selman, City Planner, and has worked out a
compromise where they will only allow a few more signs in certain areas of the
city with restrictive spacing, height, and face requirements.
Motion to close the public hearing and adopt
Ordinance #2002-O-172.
Moved:
Cm. Agredano
Second:
Cm. Amaya
For: 8 Against: 0 Abstain: 0
9. Public
hearing and introductory ordinance amending the Zoning Ordinance Map of the
City of Laredo by rezoning 9.9237 acres, as
further described by metes and bounds in attached Exhibit “A” located west of
McPherson Road and south of Ranchway Drive from R-1 (Single Family Residential
District) to R-2 (Multi-Family Residential 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. Amaya
For: 8 Against: 0 Abstain: 0
Mr. Edward Garza on behalf of Vaquillas Development,
owner and applicant, stated that he is in support of the zone change.
Motion to close the public hearing and
introduce.
Moved:
Cm. Belmares
Second:
Cm. Amaya
For: 8 Against: 0 Abstain: 0
Ordinance Introduction: Cm.
Belmares
10. Public hearing and introductory ordinance
amending the Zoning Ordinance Map of the
City of Laredo by rezoning Lots 13 and 14, Block
2, Jacaman Ranch Subdivision, Unit 6, Jacaman Commercial Park, located
northeast of Rosson Lane, 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 denial of the proposed zone change.
Motion
to open the public hearing.
Moved: Cm. Galo
Second:
Cm. Agredano
For:
8 Against: 0 Abstain: 0
Ron Whitehawk, on behalf of De La Grange
Development, spoke in favor of the zone change request. He stated that the two platted lots are part
of a much larger development proposal.
He mentioned that the original zoning for the entire tract has a B-4
designation which does not allow for residential development. He provided information to City Council
related to the noise abatement requirements.
This property is currently platted and is located half a mile from the
nearest noise contours so it is nowhere near close to the noise zone contour
area. He stated that allowing some
higher density residential property in the area would seem to make good sense
in the overall scheme of things. He
asked that City Council allow the possibility for this 3-acre tract to be considered
for a down zoning change to a B-3 designation so this project can move
forward.
Keith Selman, City Planner, stated that if the
property were situated within the noise contours, then the ordinance would
require that an avigational easement be obtained. He stated that questions regarding future requirements are
difficult to answer at this point being that the City is currently going
through the FAR Part 150 study so city staff does not know what the
recommendations from the study will be.
Cm. E. Valdez, Jr. wants this concern over avigational
easements to be addressed now because the Federal Aviation Administration has
always looked favorably at the City’s requests for monies. He wants to make sure that the City is
following FAA requirements to prevent the encroachment of residential development
in the area.
Jose L. Flores, Airport Director, stated that
there are several matters to be concerned about. He mentioned the update being conducted on the noise study which
will make certain recommendations to the City.
He stated that the noise contours as they exist today may very well be
expanded. Another concern is that, upon
completion, the noise study could recommend a lesser noise contour such as a 60
DNL or lower. If the noise study
recommends a 60 DNL or lower, then that gets expanded half a mile or greater to
protect the airport and the residents located near the airport. He
mentioned that the airport’s noise study should be completed within the next 12
months.
Ron Whitehawk stated that prior to the final
reading of this ordinance, he would be willing to have the applicant submit an
avigational easement for the Legal Department’s review should that become
necessary in the future. He further stated that they were only going
to construct a two-story type of dwelling.
Mayor Flores inquired as to how close this tract
is to the area that was pointed out to the City by the FAA administrator.
Jose L. Flores replied that the land to be
developed is very close to the area. He
mentioned that not only does one have noise from an aircraft flying over or
adjacent to that property but there is also the ground noise that an aircraft
makes while it is taxiing.
Cm. Galo emphasized that the City Council should
be consistent with the decision being made regarding this issue in order to place
future applicants on notice.
Motion to close the public hearing and postpone
for one month.
Moved:
Cm. E. Valdez, Jr.
Second:
Cm. J. Valdez, Jr.
For:
7 Against: 0 Abstain: 1
Cm. Garcia
11. Public
hearing and introductory ordinance amending the Zoning Ordinance (Map) of
the City of Laredo by rezoning Lots 1 and 2,
Block 408, Eastern Division, located at 519 East Saunders Street 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 denial of the proposed zone
change.
Motion to open the public hearing.
Moved:
Cm. Galo
Second:
Cm. Amaya
For:
8 Against: 0 Abstain: 0
Ron Whitehawk asked for postponement for 30 days
being that they are trying to meet with some of the adjoining property owners
to address some of the neighborhood concerns.
Motion to close the public hearing and postpone
for 30 days.
Moved:
Cm. E. Valdez, Jr.
Second:
Cm. J. Valdez, Jr.
For:
8 Against: 0 Abstain: 0
12. Public
hearing and introductory ordinance authorizing the issuance of a Special Use
Permit to Kenneth Smartt for a sexually oriented
business on 4.4493 acres, as further described by metes and bounds in attached
Exhibit “A”, located west of Hwy 35 and north of the Anzon Plat; providing for
publication and effective date. The
Planning and Zoning Commission has recommended denial of the proposed Special
Use Permit.
Motion to open the public hearing.
Moved: Cm. Galo
Second:
Cm. Agredano
For:
8 Against: 0 Abstain: 0
Emilio “Chito” Davila, Jr., attorney for Kenneth
Smartt, stated that he requests the issuance of the special use permit. He commented that Mr. Smartt has operated
this business on the east side of IH-35 for over eight years now. He stated that there has been considerable
expansion of residential development in the area and it has been recommended to
the owner that he move the location of his business. In an effort to attempt to do that, Mr. Smartt has purchased a
total of 23 acres which includes the 4.4493 acres being considered for the new
location. For purposes of constructing
on the 23 acres, Mr. Smartt submits to City Council that the area is much more
appropriate for this type of business.
The acreage is bordered by Manadas Creek on one side and IH-35 on the
other side. He stated that Mr. Smartt
is willing to work out some type of agreement with city staff and the Legal
Department rather than appeal an unsatisfactory decision. He asked that City Council honor the Board
of Adjustment’s approval of the variance for the setback requirements at the
January 27, 2000 meeting.
Keith Selman, Planning Department Director,
stated that the current recommendation of the Planning and Zoning Commission is
based strictly on the provision of whether it meets the 1000’ requirement.
Motion to close the public hearing, deny the
special use permit, and go with the recommendation of staff.
Moved:
Cm. J. Valdez, Jr.
Second:
Cm. Agredano
For:
8 Against: 0 Abstain: 0
13. Public
hearing and introductory ordinance amending the Zoning Ordinance Map of the
City of Laredo by rezoning Lot 1, Block 806,
Eastern Division, located at 402 South Meadow Avenue, 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 denial of the proposed zone
change and approval of a Conditional Use Permit with conditions.
Motion to open the public hearing.
Moved:
Cm. Galo
Second:
Cm. Amaya
For:
8 Against: 0 Abstain: 0
Cm. Galo inquired whether this business is going
to be strictly a tire sale and repair shop.
Keith Selman, City Planner, reported that the
applicant has stated that the business will be strictly a tire business.
Mr. Luis Lopez stated he agrees with the
conditions imposed under the conditional use permit.
Motion to close the public hearing, deny the
zone change, and approve the conditional use permit subject to the conditions
as listed.
Moved:
Cm. Galo
Second:
Cm. Agredano
For:
8 Against: 0 Abstain: 0
Ordinance Introduction: Cm.
Galo
14. Public
hearing and introductory ordinance amending the Zoning Ordinance Map of the
City of Laredo by rezoning 2.5537 acres, known
as the Tex West Plat, located at 1830 Tex-Mex Drive, 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 change
and approval of a Conditional Use Permit with conditions.
Motion to open the public hearing.
Moved:
Cm. Galo
Second:
Cm. Amaya
For:
8 Against: 0 Abstain: 0
Ron Whitehawk, representing Mone Forwarding,
stated he favors the request for issuance of the conditional use permit. He mentioned that the applicant has reviewed
the conditions as imposed by the Planning and Zoning Commission and is willing
to abide by the conditions. He
requested that City Council approve the conditional use permit to allow for the
used batteries at this location.
Motion to close the public hearing, deny the
zone change, and approve the conditional use permit.
Moved:
Cm. Garcia
Second:
Cm. Amaya
For:
8 Against: 0 Abstain: 0
Ordinance Introduction: Cm.
Garcia
15. Public
hearing and introductory ordinance amending the Zoning Ordinance Map of the
City of Laredo by rezoning 0.528 acres, as
further described by metes and bounds in attached Exhibit “A”, located east of
Mines Road and south of San Lorenzo Drive from R-2 (Multi-Family Residential
District) to M-1 (Light Manufacturing 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. Belmares
Second:
Cm. Agredano
For:
8 Against: 0 Abstain: 0
Rodolfo Torres, representing the landowner,
appeared before City Council to answer any questions.
Motion to close the public hearing and
introduce.
Moved:
Cm. J. Valdez, Jr.
Second:
Cm. Ramirez
For:
8 Against: 0 Abstain: 0
Ordinance Introduction: Cm. J. Valdez, Jr.
16. Public
hearing and introductory ordinance amending the Zoning Ordinance Map of the
City of Laredo by rezoning 3.7748 acres as
further described by metes and bounds in attached Exhibit “A”, located south of
Masterson Road and west of Hwy 83, from AG (Agricultural District) to R-1MH
(Single Family Manufactured Housing 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. Amaya
For:
8 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing and
introduce.
Moved:
Cm. Galo
Second:
Cm. Garcia
For:
8 Against: 0 Abstain: 0
Ordinance Introduction: Cm.
Galo
17. Public
hearing and introductory ordinance amending the Zoning Ordinance Map of the
City of Laredo by rezoning 3.5976 acres, as
further described by metes and bounds in attached Exhibit “A”, located north of
Santa Martha Blvd. and west of Hwy 83 from AG (Agricultural District) to R-1MH
(Single Family Manufactured Housing 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. Garcia
Second:
Cm. Amaya
For:
8 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing and
introduce.
Moved:
Cm. Galo
Second:
Cm. Agredano
For:
8 Against: 0 Abstain: 0
Ordinance Introduction: Cm.
Galo
18. Public
hearing and introductory ordinance amending the Zoning Ordinance Map of the
City of Laredo by rezoning 10.4024 acres,
located west of Hwy 83 and north of Santa Fe Subdivision Unit V, from AG
(Agricultural District) and R-3 (Mixed Family Residential 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. Belmares
Second:
Cm. Galo
For:
8 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:
8 Against: 0 Abstain: 0
Ordinance Introduction: Cm.
Galo
19. Public
hearing and introductory ordinance amending the Zoning Ordinance Map of the
City of Laredo by rezoning Lot 5, Block 1950,
Eastern Division, located at 3113 Clark Blvd., from R-3 (Mixed Residential
District) to B-3 (Community Business 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. Amaya
For:
8 Against: 0 Abstain: 0
Ron Whitehawk spoke on behalf of the property
owner. He stated that the property in
question is a lot located on the south side of Clark Blvd. The applicant is asking City Council to
consider a conditional use permit and leave the zoning intact. He stated that the owner will place a berm
to drain any car fluids and prevent them from draining into the creek. He added that there are spaces for nine
vehicles and two spaces for parking.
Motion to close the public hearing and follow staff’s
recommendation to deny the zone change.
Moved:
Cm. Garcia
Second:
Cm. Galo
For:
8 Against: 0 Abstain: 0
20. Public
hearing and introductory ordinance amending the Zoning Ordinance Map of the
City of Laredo by rezoning 9.1078 acres, located
west of Hwy 83 and south of Cielito Lindo Blvd., 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 zone change with the
exception of Lots 1-8, Block 1, as identified by the attached site plan, which
the Commission recommends remain B-1.
Motion to open the public hearing.
Moved: Cm.
Galo
Second:
Cm. Amaya
For:
8 Against: 0 Abstain: 0
Ron Whitehawk, representing Porras Engineering,
spoke in favor the zone change request to a B-3 designation for all of the
property, including Lots 1 – 8, Block 1.
Motion to close the public hearing and allow a
B-3 designation for all the property.
Moved:
Cm. Galo
Second: Cm. Amaya
For: 8