CITY OF LAREDO

CITY COUNCIL MEETING

M2003-R-016

CITY COUNCIL CHAMBERS

1110 HOUSTON STREET

LAREDO, TEXAS 78040

AUGUST 18, 2003

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

            Hector Garcia,                                                                          Council Member, District II

            John C.  Galo,                                                                          Mayor Pro Tempore, 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 May 19, 2003 and June 2, 2003, June 12, 2003.

 

Motion to approve.

 

Moved:  Cm.  Agredano

Second:  Cm.  Garcia

For:     8                                               Against:  0                                            Abstain:  0

 

V.        COMMUNICATIONS AND RECOGNITIONS

 

Announcements

 

None.

 

Invitations

 

None.

 

Recognitions

 

a.  Recognition of the Del Mar Little League for winning District Champs and State

     Finalists.

 

     Motion to postpone for September 2, 2003.

 

     Moved:  Cm.  Belmares

     Second:  Cm.  Amaya

     For:     8                                          Against:  0                                            Abstain:  0

 

b.  Recognition of Irma A. Gonzalez, of the Laredo Public Library, on her selection as July

     Employee of the Month.

 

Janice Weber, Library Director, mentioned the outstanding contributions that Irma A.  Gonzalez gives to the Library as an employee.  She noted she is a positive inspiration to everyone she meets.  She added that Irma Gonzalez is also the moving force behind the youth programs at the Library.   She was presented with a Seven Flags Certificate of Recognition from the City Manager and City Council.

 

c.  Recognition of Laredo Fire Department softball team for participating in the 21st Annual

Texas Firefighter Olympics in Wichita Falls, Texas by beating Odessa, 17-12 in the championship game and receiving the gold medal.

 

The Mayor read the following statement:

 

The Laredo Fire Department’s Softball team has garnered yet another trophy for the mantle at the main fire station.  The team won the goal medal at the 21st Annual Texas Firefighter Olympics in Wichita Falls, Texas.  The tournament comprised of 10 teams from throughout the Texas and Louisiana area.  It was a double elimination format.  The Fire Department Softball team beat three teams to advance to the semi-final bound.  The scores were as follows:  Bossier, with a score of 16 to 1, Fort Worth with a score of 9 to 8 and Louisville with a score of 12 to 8.  The Fire Department suffered their first loss with Odessa  loosing by a score of 19 to 16 in the Semi-Final game.  Laredo; however, bounced back in the Championship’s Game and beat Odessa 17 to 12 for the gold medal.  The Laredo Fire Department Softball team has been going to the Texas Firefighter Olympics since 1995.  Previous years, the team has won silver and bronze medals; however, today we celebrate a different color medal.  The team is made up of 22 dedicated firefighters at any given time and are participating in various tournaments throughout City of Laredo including the City of Laredo Parks and Recreations SoftBall leagues and other charity fundraising events.  This year the Department Softball Team went undefeated in the Parks and Recreations Spring season capturing season champs and playing play-off champs as well as winning the Mayor’s cup.  Because the team is made up of firefighters, the team rarely practices; however, they either played ball in high school or college.”

 

Cm.  Ramirez presented Wesley Parades a Seven Flags Certificate of Recognition for exemplifying the qualities of a true public servant as a police officer.

 

Communiqués

 

Cm.  J.  Valdez asked all drivers to observe the speed limit in school zone areas.  He also acknowledged that he was privileged to welcome First Class Private Alberto Reyna Jr. as he arrived home from Iraq.   Finally, he thanked United Water for preparing a patch job on Santa Maria. 

 

Cm.  Belmares thanked Constable Tino Juarez for helping in the safety zones for the school districts.  He noted that the Constable does a phenomenal job directing vehicular traffic in school and church zones.  He also mentioned that the United Independent School District Officers are doing a great job patrolling the safety zones.

 

Cm.  E.  Valdez asked drivers throughout the City to be extra vigilant and careful with the children going to and from the school.  He also thanked the Laredo Police Department for taking quick action at a drive-by shooting that took place in District V. 

 

Cm.  Amaya thanked Cm.  Joe Valdez and Cm.  Agredano for helping him welcome home Marine First Class Private B. J. Reyna, his nephew who served in Iraq.  He also thanked Laredo Police Department for patrolling Clark during the school hours.  He went on to thank Constable Raul Hinojosa for providing police officers at different schools.  

 

Mayor Pro Tempore Galo thanked Public Works for completing the sidewalks at San Augustine School.  He also congratulated Cm.  Agredano and the Parks and Recreations Department for their completion and grand opening of the George Washington Park.  He also reported on a trip to Austin for the signing of Senate Bill 409.  He said the bill , which would guarantee regional diversity, was sponsored by Norma Chavez of El Paso. 

 

Cm.  Garcia reminded individuals to drive safely in school zones.  He thanked the Laredo Police Department for their assistance in directing traffic in the school zones. 

 

Cm.  Agredano mentioned the ribbon cutting ceremony for the George Washington Ceremony.  He thanked Mayor Flores and other staff members for attending the George Washington ceremony.  He also thanked United Water for replacing water pipes for one of his constituents that was having problems at her resident.

 

Mayor Flores mentioned the opening of George Washington Park in District I.  She praised Horacio De Leon, Parks and Recreations Director, and his staff for their contribution to the park.  The park has an “extra touch” because it was done in-house.  She also thanked several staff members for attending the Tex-21 Summit.  She mentioned the importance of the summit.  She specifically discussed border issues as they relate to transportation.  Finally, she congratulated all the children on their first day of school.  She noted that the Council would work together to assure that school is a good experience for all students ranging from pre-K to college.   

 

 

 

VI.       APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES

 

            None.

                       

VII.  PUBLIC HEARINGS

 

1.  Public hearing concerning a denial order issued July 17, 2003 by the Historic

District/Landmark Board regarding the demolition of a portion of the structure located behind the Jitney Jungle Building (apartment section).

 

Location:  North 6' of Lot  5 & North 6' of the Eastern 37.25' of Lot 4, and all of Lots 6-7, Block 25, Western Division

Commonly known as:  901 Iturbide Street (Jitney Jungle Grocery Store)

Petitioner:  Patricia Benavides

San Agustin National Register District

 

                 Motion to open the public hearing.

 

                 Moved:  Cm.  Garcia

                 Second:  Cm.  Amaya

                 For:      8                                         Against:  0                                            Abstain:  0

 

Ron Whitehawk, representing the Mrs. Patricia Benavides, read the following letter from David Zuniga

 

July 22, 2003

 

Dear Council Members,

 

I was asked to determine if it is feasible to demolish an old Jitney Jungle Store leaving in tack the apartments, which constituted south east rear quadrant.  On July 18th an 19th I conducted sight visits to assess the property and I conclude the following: 

 

1.  Demolition of the main foundation will compromise the structural integrity of the

     foundation and will require a new grade beam system.

 

2.  The roof and second story wall structures of the apartment section normally

demolished first would present a life safety hazard during demolition of surrounding sections and would require extensive shoring systems.

 

3.  The west and north walls of the apartment portion would have to be enclosed after

demolition and the new walls would have the meet the esthetic standard continent with the existing construction. 

 

4.  The apartment facod reinforced concrete and the sub flooring systems steel are the

only surface able elements of the apartment portions of the building.  The roof and floor structures show extensive fire and water damage.  Neither is competent to receive working loads and would have to be replaced for occupancy.  Even in areas not destroyed by fire and open to the elements the roof is not weather tight.  The beautiful architectural door and window trims are rotten beyond repair.  All window frames are missing or beyond repair.  All door frames, doors, interior finishes will require replacement.  The plumbing and electrical systems will require removal and replacement as well.  We estimate the cost of restoration of the apartment building at 450,000 to 600,000 depending upon the availability of skilled partisans for each trade.  In our opinion the suggested demolition will present insuperable obstacles to market by availability and owner liability leaving aside the considerations of the historical restoration. 

 

       David Zuniga.

 

Ron Whitehawk, representing the property owner, went on to say that the issue was brought before the Historical/Landmark Board.  He said that they agreed to remove the Jitney Jungle only if damage would not be done to the apartments.  He said that you can not take down the Jitney Jungle without adversely affecting the apartments.

 

                 Motion to close the public hearing demolish the entire building and introduce.

 

                 Moved:  Cm.  Ramirez

                 Second:  Cm.  J.  Valdez

                 For:      8                                         Against:  0                                            Abstain:  1

 

                 Ordinance Introduction:  Cm.  Ramirez

 

2.  Public hearing and introductory ordinance amending the Zoning Ordinance Map of the

City of Laredo  by rezoning the west 3/4 of Lot 7, and the north 1/2 of Lot 5, Block 178, Western Division, located at 607 Washington Street and 1014 San Eduardo 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.

 

Motion to open the public hearing.

 

                 Moved:  Mayor Pro Tempore Galo

                 Second:  Cm.  Amaya

                 For:      8                                         Against:  0                                            Abstain:  0

 

Guadalupe Garcia, property owner, spoke in favor of the zone change for a restaurant or commercial parking lot.

 

Motion to close the public hearing.  Postpone and send back to Planning and Zoning for specified business use. 

 

                 Moved:  Cm.  Ramirez

                 Second:  Cm.  J.  Valdez

                 For:      8                                         Against:  0                                            Abstain:  0

 

3.  Public hearing and introductory ordinance amending the Zoning Ordinance Map of the

City of Laredo by authorizing a Planned Unit Development Overlay District (PUD) for Lots 1-27, Block 5, Lots 1-8, Block 6, Lots 1-9, Block 7, Lots 1-3, and 5-7, Block 8, Green Subdivision, Phase I and 13.36 acres, as further described by metes and bounds on attached Exhibit "A," located north of Mines Road and south of Green Boulevard; providing for publication and effective date.  The Planning and Zoning Commission has recommended denial of the proposed Planned Unit Development Overlay District.

 

Motion to open the public hearing.

 

                 Moved:  Mayor Pro Tempore Galo

                 Second:  Cm.  Amaya

                 For:      8                                         Against:  0                                            Abstain:  0

 

                 There was no public input. 

 

                 Motion to close the public hearing and postpone.

 

                 Moved:  Cm.  J.  Valdez

                 Second:  Cm.  Amaya

                 For:      8                                         Against:  0                                            Abstain:  0

 

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

City of Laredo by rezoning 2.8347 acres, as further described by metes and bounds on attached Exhibit "A," located at approximately 4309 Highway 359 from R-3 (Mixed Residential District) and B-3 (Community Business 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 zone & approval of a B-3 designation.

 

Motion to open the public hearing.

 

                 Moved:  Mayor Pro Tempore Galo

                 Second:  Cm.  Amaya

                 For:      8                                         Against:  0                                            Abstain:  0

 

Sonia Ruiz, a representative from the neighborhood, spoke against the zone change.  She asked Council to agree with the Planning and Zoning Commission to deny the proposed M-1 zone.    

 

                 Motion to close the public hearing and deny zone change M-1 and B-3.

 

                 Moved:  Cm.  Garcia

                 Second:  Cm.  Agredano

                 For:      8                                         Against:  0                                            Abstain:  0

 

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

City of Laredo by rezoning Lot 6, Block 1415, Eastern Division, located at 2419 Guatemozin Street from R-3 (Mixed Residential 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:  Mayor Pro Tempore Galo

                 Second:  Cm.  Agredano

                 For:      8                                         Against:  0                                            Abstain:  0

 

                  Mr.  Eralio Serna spoke against the zone change request. 

 

Ron Whitehawk, representing the property owner, submitted a petition with 16 signatures in favor of the zone change.

 

 Maria De La Luz Rubio spoke against the zone change request.

 

 Vicenta Garcia stated that she was against the zone change request.

 

 Celina Rubio requested that Council deny the zone change request. 

 

Keith Selman, City Planner, explained that under the current ordinance the business cannot apply for a Conditional Use Permit.  He went on to say that staff is revising the ordinance which would take two months.

 

Cm.  Galo said the landowner/business would not be allowed to park in the street. 

 

Motion to close the public hearing and send back to Planning and Zoning for consideration for a Conditional Use Permit.  Must comply with all requirements and wait until ordinance can be modified to allow Conditional Use Permit in B-4 to require proper off street parking. 

 

                 Moved:  Mayor Pro Tempore Galo

                 Second:  Cm.  J.  Valdez

                 For:      8                                         Against:  0                                            Abstain:  0

 

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

City of Laredo by authorizing the issuance of a Special Use Permit for the addition of an antenna on an existing tower on Lot 1, Block 1, SBMS Garza Replacement Site, located approximately at 4111 Zapata Highway; 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:  Mayor Pro Tempore Galo

                 Second:  Cm.  Garcia

                 For:      8                                         Against:  0                                            Abstain:  0

 

Shawn St.  John, an agent from Voice Stream PCS II Corporation, spoke in favor of the zone change request for wireless service enhancement. 

 

                 Motion to close the public hearing and introduce.

 

                 Moved:  Cm.  Agredano

                 Second:  Cm.  Amaya

                 For:      8                                         Against:  0                                            Abstain:  0

 

                 Ordinance Introduction:  Cm.  Agredano

 

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

City of Laredo by rezoning Lot 2, Block 3, Jacaman Ranch Subdivision, Unit 6, Jacaman Commercial Park, located east 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.  Garcia

                 Second:  Cm.  Amaya

                 For:      8                                         Against:  0                                            Abstain:  0

 

Flor Ayala, representing Jose Ponce Jr., spoke in favor of a B-4 zone change request for use of apartments.

 

Cm.  E.  Valdez, Jr. asked if the property owner would be willing to grant the City of Laredo the avigational easement.

 

Ron Whitehawk, representing the applicant, said the owner would be willing to donate the avigational easement to the City of Laredo.

 

                Motion to close the public hearing and introduce.

 

                Moved:  Cm.  E.  Valdez, Jr.

                Second:  Cm.  J.  Valdez, Jr.

                For:       8                                         Against:  0                                            Abstain:  0

 

                Ordinance Introduction:  Cm.  E.  Valdez, Jr.

 

8.  Public hearing and introductory ordinance amending the City of Laredo FY 2002-2003

annual budget by appropriating   revenues and expenditures in the amount $205,860.00 in funds from the Texas Department of Health and $7,048.00 in Program Income for the Tuberculosis Elimination Program of the City of Laredo Health Department for the period beginning September 1, 2003, through August 31, 2004.  

 

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 introduce.

 

                 Moved:  Cm.  Agredano

                 Second:  Cm.  Amaya

                 For:     8                                          Against:  0                                            Abstain:  0

 

                 Ordinance Introduction:  City Council

 

9.  Public hearing and introductory ordinance amending the City of Laredo FY 2002-2003

annual budget by increasing revenues and expenditures in the amount of $4,900.00 in additional funds from the Texas Department of Health - Office of Border Health for the Environmental Binational Health Conference "Food Management and Safety" of the City of Laredo Health Department for the period beginning July 1, 2003, through August 31, 2003.  These funds were awarded specifically for this conference that will be held on August 28, 2003. (Subject to approval of Resolution 2003-R-101)

 

Motion to open the public hearing.

 

                 Moved:  Cm.  Belmares

                 Second:  Cm.  Agredano

                 For:      8                                         Against:  0                                            Abstain:  0

 

                 There was no public input.