CITY OF LAREDO

CITY COUNCIL MEETING

M-2003-R-21

CITY COUNCIL CHAMBERS

1110 HOUSTON STREET

LAREDO, TEXAS 78040

NOVEMBER 3, 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 Elizabeth G. Flores led in the Pledge of Allegiance.

 

III.   ROLL CALL

 

In attendance:

 

Elizabeth G. Flores,                                                         Mayor

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

Donna Copeland-Magnón,                                              City Secretary’s Office

Larry Dovalina,                                                                City Manager

Cynthia Collazo,                                                              Assistant City Manager

Anthony McGettrick,                                                       Assistant City Attorney

 

Motion to excuse Cm. Agredano.

 

Moved:  Mayor Pro Tem Galo

Second:  Cm. Amaya

For:    5                                                   Against:  0                                            Abstain:  0 

 

Cm. Garcia joined the meeting at 6:27 p.m. 

Cm. Ramirez joined the meeting at 6:35 p.m.

 

IV.    MINUTES

 

Approval of the minutes of August 27, 2003 and September 2, 2003.

 

Motion to approve.

 

Moved:  Cm. Belmares

Second:  Cm. Amaya

For:         7                                              Against:  0                                            Abstain: 0

 

 V.    COMMUNICATIONS AND RECOGNITIONS

 

Announcements

 

None.

 

Invitations

 

None.

           

Recognitions

 

None.

 

Communiqués

 

a.   Presentation by Robert Summers, WBCA President, regarding WBCA’s third edition of  “By George,” a commemorative magazine.

 

Robert Summers, Washington Birthday Celebration Association President, thanked the Council for their continued support for the event.  He also distributed a copy of their promotional magazine By George which will be distributed throughout Texas to promote the event. 

 

Mayor Pro Tempore Galo thanked Senator Zaffarini for the gavel she presented him for being Mayor Pro Tempore.  He also thanked D. D. Hachar Elementary for asking him to speak to the 3rd Grade Social Studies Class.  He invited the viewing public to attend the Border Trade Alliance Conference to be held November 19th . 

 

Cm.  Amaya encouraged individuals to participate in the steak plate sale to be held on November 15th .  The monies raised by the plate sale will be used to purchase turkeys and toys for the financially challenged families in District IV.     

 

Cm.  E. Valdez thanked the Laredo Police Department, Code Enforcement Department, and the City Manager for responding to a request that was generated by a “letter to the editor”. 

 

Cm.  Belmares thanked the Laredo Police Department for making sure everyone had a safe and Happy Halloween.  He also thanked Terrace Stewart, from United Works, for making a presentation at the District VI Advisory Council Meeting.  Finally, he thanked Public Works for all the work they have done on McPherson. 

 

Cm.  J.  Valdez praised the Parks and Recreation Department for their annual Halloween Parties held at the different Recreation Centers.  He specifically mentioned Joe Ramos, a City employee, for doing an exceptionally great job at the Farias Recreation Center.  He also submitted a smoke free restaurant guide to the City Secretary and asked that it be included on the City’s Web page.

 

Mayor Flores informed the public that Laredo was being honored by a visit from the United States Supreme Court Clerk William Suter.  She added that the Supreme Court Clerk would be administering oaths to 14 lawyers who will be sworn to practice law before the United States Supreme Court.  She noted that the City of Laredo is very fortunate and honored to have him visit Laredo.  She congratulated the International Bank of Commerce employees on their recognition for ranking among nations most efficient banks.  She also congratulated Ramon Diaz-Barroso for being appointed to the Laredo National Bank Board of Directors.  Finally, she informed the public of a two minute feature about the Laredo Police Department which will be aired on CNN Headline News.     

 

VI.       APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES

 

            None.

           

  VII.    PUBLIC HEARINGS

 

1.      Public hearing and introductory ordinance amending the City of Laredo annual budget by decreasing revenues and expenditures in the amount of $6,300.00 to reflect the actual grant amount of $14,700.00 for Project Alcance.  The Driscoll’s Children’s Health Plans of Corpus Christi has awarded this grant to the City of Laredo Health Department for the period beginning September 1, 2003 through August 31, 2004.

 

Motion to open the public hearing.

 

Moved:  Mayor Pro Tem Galo

Second:  Cm. Amaya

For:    6                                             Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Mayor Pro Tem Galo

Second:  Cm. Amaya

For:    6                                             Against:  0                                            Abstain:  0 

 

Ordinance Introduction:  City Council

 

2.      Public hearing and introductory ordinance amending the City of Laredo FY 2003-2004 Airport Construction and Noise Abatement budgets to recognize additional revenues from two grants received from the Federal Aviation Administration Airport Improvement Program being Grant Project No. 3-48-0136-38-2003 in the amount of $1,314,480.00 for improvements to the Airport Rescue & Fire Fighting (ARFF) Station, rehabilitation of taxiways, reconstruction of apron and construction of cargo apron pads; and Grant Project No. 3-48-0136-39-2003 in the amount of $3,000,000.00  and a local match in the amount of $333,334.00 available in the Airport Construction Fund for acquisition of residences and avigation easements and to sound insulate residential structures all in the 65 DNL noise contour of the Laredo International Airport; and authorizing the City Manager to implement said budget amendment; providing for an effective date.

 

 Motion to open the public hearing.

 

 Moved:  Mayor Pro Tem Galo

 Second:  Cm. Amaya

 For:    6                                            Against:  0                                            Abstain:  0  

 

 There was no public input.

 

 Motion to close the public hearing and introduce.

 

 Moved:  Mayor Pro Tem Galo

 Second:  Cm. Amaya

 For:    6                                            Against:  0                                            Abstain:  0 

 

 Ordinance Introduction:  City Council

 

3.      Public hearing and introductory ordinance authorizing the City Manager to accept a reimbursement from the Federal Bureau of Investigation (FBI) in the amount of $10,720.00 for overtime expenses and amending the City of Laredo FY 2003-2004 annual budget in the amount of $10,720.00 to fund the Laredo Joint Terrorism Task Force (JTTF).  The Laredo Police Department will assign one police investigator to the task force.  Reimbursement of overtime expenses will commence on October 1, 2003 through September 30, 2004.

 

Motion to open the public hearing.

 

Moved:  Mayor Pro Tem Galo

Second:  Cm. Amaya

For:    6                                             Against:  0                                            Abstain:  0 

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Mayor Pro Tem Galo

Second:  Cm. Belmares

For:    6                                             Against:  0                                            Abstain:  0 

 

Ordinance Introduction:  City Council

 

4.      Public hearings for the voluntary annexation of four (4) tracts of land (Tract 1: Las Blancas Tract - 419.4591 acres, more or less; Tract 2: Las Misiones Tract - 83.0116 acres, more or less; Tract 3: McNary and Calk Tract - 70.42 acres, more or less; Tract 4: Zachry Tract - 256.66 acres, more or less) totaling 829.55 acres, more or less, and the unilateral annexation of one (1) tract of land (Tract 5: Highway 359 Tract- 622.5 acres, more or less), for a total of 1,452.05 acres, more or less, as described in the attached tract summaries as required by Section 43.063 of the Texas Local Government Code.

 

 Motion to open the public hearing.

 

 Moved:  Mayor Pro Tem Galo

 Second:  Cm. Amaya

 For:    6                                            Against:  0                                            Abstain:  0 

 

Carol Sherwood, Executive Director for Habitat for Humanity, stated that the ten acre tract mentioned in said hearing will provide fifty families with water.  The families represent people who live in the 25% to 49% of median income.  Habitat for Humanity has invested money in the project which includes a Capacity Building Grant and $400,000 from Housing and Urban Development.  She asked for the Council’s support for the annexation. 

 

Richard Haynes, representing ten different individuals, spoke in favor of the annexation. 

 

Keith Selman, Planning Director, invited the public to view the service plans that were available at the City Council Meeting.    

 

Motion to close the public hearing.

 

Moved:  Mayor Pro Tem Galo

Second:  Cm. J. Valdez, Jr.

For:    6                                             Against:  0                                            Abstain:  0 

 

VIII.    GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS

 

5.  A.  Request by Council Member Johnny Amaya

 

1.      Authorization to use District IV discretionary funds in the estimated amount of $27,500.00 for approximately 5 ½ blocks of sidewalks on the west side of Malinche Avenue between Plum and Frost Streets and the east and west sides of Bartlett Avenue between Locust and Lyon Streets.  Construction will be done in-house by the Engineering/Public Works Department.

 

Motion to authorize staff to use District IV discretionary funds in the estimated amount of $27,500.00 for approximately 5 ½ blocks of sidewalks on the west side of Malinche Avenue between Plum and Frost Streets and the east and west sides of Bartlett Avenue between Locust and Lyon Streets.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Amaya

For:     6                             Against:  0                                            Abstain:  0

 

Cm.  Garcia was not present.

 

B.   Request by Council Member Gene Belmares

 

1.      Discussion with possible action on enforcement efforts to control roadside vendors.

 

Cm.  Belmares expressed his concern for the safety of pedestrians while vehicles are approaching/departing from the vendor’s site.  He also questioned the issue of sales tax for roadside vendors.  Finally, he was concerned about the buyer beware issue.  He noted that the buyer does not have the opportunity to exchange or refund the products. 

 

Officer Enrique Mendoza mentioned two vending characteristics which include the public right-of-way vendor or the private property vendor.  The Laredo Police Department deals with the public right-of-way vendor.  He said that the officers have been issuing many citations to the vendors who set up on the right- of-ways.  He added that the Laredo Police Department has been coordinating with the City of Laredo’s Code Enforcement Team to restrain the vendors; however, many of them are working on private property.  Police officers are not allowed to give citations to vendors who are working on private property.  

 

Cm. Belmares  inquired about the fine for roadside vendors.    

 

Assistant City Attorney Anthony McGettrick noted that the code provision which disallows the commercial use of streets, sidewalks and other public places provides for a very low fine of $200.00. 

 

Keith Selman, City Planner, said the typical violator is cited for conducting their business from an unenclosed structure which is a violation of the Zoning Ordinance.  The fine for the violation has a maximum of $2,000.00.  He added that the violator is issued a warning the first time and is given a citation if they do not desist. 

 

Cm.  Belmares expressed his desire to increase the penalty for street vendors who continue to violate.   

 

Anthony McGettrick, Assistant City Attorney, agreed that the current ordinance does need to be re-evaluated because it is too low for individuals that continue to use city property for their business.  He added the property owners should be cited if vendors use their land to sell their merchandise.

 

Keith Selman, City Planner, said that his staff will issue citations to the vendor and the property owner.    

 

Officer Enrique Mendoza said that property owners can avoid being cited if they send a letter to the Laredo Police Department stating that they are opposed to having vendors sell merchandise on their property.  When a letter is on file, the Laredo Police Department has the authority to arrest the vendors for criminal trespassing. 

 

Cm.  Belmares asked if the City has a policy for seasonal vendors. 

 

Cynthia Collazo, Assistant City Manager, said that the City of Laredo doesn’t have a permit process in place but staff is currently researching data which will be included in a report to be reviewed by Council for recommendations. 

 

Motion to instruct staff to amend the current Ordinance by raising fines for individuals who use the City of Laredo public right-of-ways to sell goods.  In addition, staff should continue to research the permit process which would allow for vendors to sell on private property. 

 

Moved:  Cm.  Belmares

Second:  Mayor Pro Tempore Galo

For:     6                                         Against:  0                                Abstain:  0

 

Cm.  J.  Valdez spoke in favor of a permit system. 

 

2.      Discussion with possible action on creating on aircraft viewing area as recommended by the Airport Advisory Committee.

 

Jose Flores, Airport Director, noted that a status report was provided to City Council in regards to creating an aircraft viewing area.  He continued to say that the Airport Advisory Committee is in favor of constructing an aircraft viewing area.  The Committee recommended for the project to be funded with monies received from airport land sales.  Staff is estimating the cost of the viewing area to be $8,000. 

 

Cm.  Belmares asked staff to place the item back on the agenda with recommendations to the Council.   

 

3.      Discussion with possible action regarding expansion of parking permit pilot program and other traffic control programs in District VI.

 

Roberto Murillo, Traffic Director, gave a presentation on the existing boundaries for the parking project.  He advised that Council would need to amend the ordinance in order to expand the parking permit pilot.   

 

Motion to amend the ordinance to include Longhorn Drive and Alameda. 

 

Moved:  Cm.  Belmares

Second:  Mayor Pro Tempore Galo

For:     7                             Against:  0                                            Abstain:  0

 

Cm.  Belmares asked the City Manager to have the traffic control devices on International and Agusto removed. 

 

Motion to extend the railing at International and St.  John.

 

Moved:  Cm.  Belmares

Second:  Cm.  Galo

For:     7                              Against:                                                Abstain:  0

 

C.              Request by Council Member Jose A. Valdez, Jr.

 

1.      Discussion with possible action to create an International Trade Commission. (Co-sponsored by Council Member Gene Belmares)

 

Cm. J. Valdez asked Council to consider creating a Commission of International Trade Commission.  He recommended that each Council Member should appoint one member from their district. The Mayor should appoint three individuals including a custom house broker, a freight industry person, and an individual from a financing institution.  He instructed the City Manager to come back to Council with a strategic plan for creating an International Trade Commission.

 

Larry Dovalina, City Manager, said that staff would begin the process for writing a detailed ordinance that would allow Council to create the Commission. 

 

Motion to create an International Trade Commission.

 

Moved:  Cm.  J.  Valdez

Second:  Cm.  Ramirez

For:     6                                         Against:  0                                Abstain:  0

 

Cm.  E.  Valdez was not present.

 

2.      Discussion with possible action to authorize the construction of a retaining wall for approximately 400 linear feet at the Bristol Road low water crossing for flood control; and authorization to use District VII discretionary funds in the maximum amount of $5,000.00 to be constructed by the Department of Engineering/Public Works.

 

Motion to authorize the construction of a retaining wall for approximately 400 linear feet at the Bristol Road low water crossing for flood control; and authorization to use District VII discretionary funds in the maximum amount of $5,000.00 to be constructed by the Department of Engineering/Public Works. 

 

Moved:  Cm. J.  Valdez

Second:  Mayor Pro Tempore Galo

For:     6                                         Against:  0                                Abstain:  0

         

   IX.    INTRODUCTORY ORDINANCES

                  

6.  Authorizing the City Manager to grant a Right-of-Entry Permit to the United States of

America in the area encompassed by the following City-owned blocks, for use as a work area for environmental exploration and survey, Southward and Eastward up to Tilden Avenue, including any public right-of-way abutting said blocks and any river vega land. Said blocks being delineated on attached copy of City Plat: all of Blocks 15, 16, 17, 18, 19, 57, 68, 414, 415, 416, 425, 450-A 629, 630, 644, 645, 658, 659, 672, 673, 674, 675, 676, 677, 680, 708, 708-B & 724; all being situated in the Western Division, City of Laredo, Webb County, Texas; and providing for an effective date.

 

Ordinance Introduction:  City Council

 

   X.    FINAL READING OF ORDINANCES 

 

Motion to waive final reading of Ordinances # 2003-O-262; # 2003-O-263; # 2003-O-264; # 2003-O-265; # 2003-O-266; # 2003-O-267; # 2003-O-268; # 2003-O-269; # 2003-O-270; # 2003-O-271; # 2003-O-272; # 2003-O-273; # 2003-O-274; # 2003-O-275; # 2003-O-276; # 2003-O-277; # 2003-O-278; # 2003-O-279; # 2003-O-280; and 2003-O-281.

 

Moved:  Mayor Pro Tem Galo

Second:  Cm. J. Valdez, Jr.

For:    5                                                            Against:  0                                     Abstain: 0 

 

            Cm. Garcia and Cm. Amaya were not present. 

 

2003-O-262        Amending the Zoning Ordinance Map of the City of Laredo by rezoning Lots 10 and 11, Block 816, Western Division, located at 3103 San Agustin Avenue, from B-1 (Limited Commercial District) to B-3 (Community Business District); providing for publication and effective date. 

 

Motion to adopt Ordinance # 2003-O-262.

 

Moved:  Mayor Pro Tem Galo

Second:  Cm. J. Valdez, Jr.

For:    5                            Against:  0                                  Abstain:  0

 

2003-O-263        Amending the Zoning Ordinance Map of the City of Laredo by rezoning 3.40 acres, as further described by metes and bounds on attached Exhibit “A,” located north of Del Mar Boulevard and east of Burke Drive, from AG (Agricultural District) to B-1 (Limited Commercial District); providing for publication and effective date. 

 

Motion to adopt Ordinance # 2003-O-263.</