CITY OF LAREDO

CITY COUNCIL MEETING

M2004-R-03

CITY COUNCIL CHAMBERS

1110 HOUSTON STREET

LAREDO, TEXAS 78040

FEBRUARY 17, 2004

5:30 P.M.

I. CALL TO ORDER

With a quorum present, Mayor Elizabeth Flores called the meeting to order.

II. PLEDGE OF ALLEGIANCE

Mayor Flores called the meeting to order.

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 February 2, 2004.

Motion to approve.

Moved: Cm. Agredano

Second: Cm. E. Valdez

For: 8 Against: 0 Abstain: 0

V. COMMUNICATIONS AND RECOGNITIONS

Announcements

None.

Invitations

None.

Recognitions

a. Recognition of the “Mayor’s Cup Softball Tournament” winners.

Mike Pescador, Assistant Parks & Recreation Director, announced the winners as follows:

“A” Division

1^st Place Fire Fighters Department

2^nd Place Parks & Recreation Department

“B” Division

1^st Place City Hall

2^nd Place Health Department I

Greatest Participation Award Public Works (Outsiders)

Roberto Leza

Most Memorable Play Health Department I

Most Valuable Player Francisco Meza

Sportsmanship Award Administration Services (Dare Devils)

Most Spirited Team Award Health Department

(All girls team – Wicettes)

Greatest/Extra Effort Award John Guerrero

Butterfingers Award Fernando Valdez (Fleet Department)

b. Recognition of the Solid Waste Department employees for their completion of the

Caterpillar Heavy Equipment Training.

Oscar Medina, Solid Waste Director, acknowledged that a group of employees from the Solid Waste Department has finished an intensive, heavy equipment training course which specializes in the landfill equipment. He introduced James Mulkeroy, Holt Training Coordinator, who administered the training to the City employees. Mr. Mulkeroy gave a brief description of the training and stated that the City of Laredo Solid Waste employees are the first employees in the State of Texas to receive their Certificate of Registry.

The following employees were presented a Certificate of Registry and a belt buckle.

Juan Garza Antonio Estevis

Natividad Valadez Jose Claudio

Rodolfo Garcia Geronimo Lopez

Paz Vedarte Adan Rivera

c. Recognition of Hilda Negrete, of the Office of the City Secretary, on her selection as

January 2004 Employee of the Month.

Mayor Flores and City Council recognized Ms. Hilda Negrete on her selection as January 2004 Employee of the Month.

Gustavo Guevara, Jr., City Secretary, said that Hilda Negrete received her Bachelor’s Degree in Political Science while in her first year in the City Secretary’s Office. He noted that she received assistance through the Tuition Assistance Program for City employees. He added that she, along with the Convention and Visitor’s Bureau staff, made a great effort in assuring the success of the Sister’s City Festival; unfortunately, only one person could accept the title of January employee of the month. He said that she came through with the expedience necessary to prepare the documentation that schedules the telephone calls from both the regular office work and the Sister Cities Festival arrangements. She also had to double her work to cover for one of the employees that was out the entire month of January. She is cited for her excellent work in preparing letters to the United States Embassies in Mexico City, Monterrey, Monterrey, Guadalajara, and Nuevo Laredo in assisting the participants to acquire their temporary exhibitor’s permit. She followed up with the embassies to authenticate these documents with embassy personnel. Finally, he said that she has proven to be very professional and extremely timely in her work.

Communiqués

a. Presentation by Vaswani Soccer Ventures, LLC regarding the United Soccer League’s

newest Premier Development League member franchise from Laredo, Texas.

This item was postponed.

Cm. Agredano thanked the City Manager, Fire Chief Sosa, the Laredo Fire Department, the Laredo Fire Department’s Color Guard, Cigarroa High School Band, and several employees from the City of Laredo for attending the ground breaking for the Cielito Lindo Fire/Cops Station. He noted that on February 1, 2004 he donated tickets to the

5^th Grade Basketball team from Salinas Elementary so they could enjoy the performance of the Globe Trotters at the Laredo Entertainment Center. He went on to say that on February 11, 2004 he and Mayor Pro Tempore Galo were able to donate twenty Buck tickets to special education students from Santa Nino and Kawas Elementary School. Finally, he thanked Roy Garcia, Property Code Enforcement Supervisor from the City of Laredo, and his students for picking up all the trash along Highway 83 to Loop 20 and from Loop 20 to Bob Bullock Loop. He noted that they did a fantastic job cleaning the City of Laredo.

Cm. Garcia congratulated Roberto Murillo, Director of the Traffic Safety for the City of Laredo, who was recently elected President of the South Texas Section of Texas Institute Transportation Engineers. TexITE is a professional organization of individuals employed in the field of transportation who share a common interest in improving the quality of the surface transportation system in the State of Texas. He also congratulated Elsa Pena Cass, the President of Pocahontas, and her daughter Ashley Cass, who reigned as Miss Pocahontas for 2004. He said the Pocahontas Council was a beautiful event. He congratulated the Pocahontas Organization on a job well done. He also congratulated the Laredo Elk’s Lodge on their grand opening. He encouraged the viewing public to join the Elk’s Lodge. He mentioned that the new soccer team named Laredo Heat will be giving a presentation at the next Council meeting. Lastly, he invited individuals to attend the Border Olympic to be held on February 26^th, 27^th, and 28^th and March 5^th and 6^th.

Mayor Pro Tempore thanked and congratulated all the volunteers that are helping with different George Washington Celebration events throughout the City. He advised that attendance has been very good at all the events. He mentioned that Roberto Murillo, Traffic Director, will be conducting another traffic study on Prada Machin. He acknowledged the Parks and Recreation Department for the hard work they have been doing at the Benavides Park. He also congratulated Roy Garcia and his work with the children to clean up trash in different areas throughout the City.

Cm. Amaya thanked John Orfila, Recycling Program Coordinator, and his staff for the work they have done with the Bartlett/Malinche Sidewalk Project. He mentioned the committee meetings that he had attended throughout the week which included the Transit Committee, the Water Issues Committee, the Audit Committee, and the Firefighters’ Retirement System Board of Trustees. He acknowledged that he has been very busy and is looking forward to attending the events for the George Washington Celebration.

Cm. E. Valdez said that he had attended a meeting at the Noon Lion’s Park with Commissioner David Cortez and other individuals to hear their suggestions and recommendations for the park. He added that he was thrilled when the people started praising the City of Laredo employees, specifically the Parks and Recreation Department. He noted that the Park’s staff made him look good to his constituents. He also thanked the Engineering and Public Works Department for going out of their way to assist the owners of the Mission Viejo Condominiums. He praised the Finance Department for continuing to do a fantastic job for the City of Laredo.

Cm. Belmares congratulated the Washington Birthday Celebration Association and Airport Director, Jose Flores, for a spectacular Air Show which was held at the Laredo Airport on the previous Sunday. He also congratulated Sergio Escobedo, employee of West Wind Homes, for receiving his citizenship. He congratulated Roli Ortiz, Board Member for Laredo Builder’s Association and Golf Chairperson, for holding a phenomenal golf tournament which is held to raise monies for scholarships.

Cm. Ramirez announced that on February 19, 2004, the Library staff will have an exhibition on videos and books that they have acquired from the general public. Also, he announced that he will be running for re-election as Council Member District VIII in the 2004 Elections. He congratulated the cadets and their families for graduating from the Police Academy.

Mayor Flores also congratulated the Laredo Cadets and their families for the service they are about to embark on by protecting the City of Laredo and serving the citizens. She also thanked Cm. Amaya for attending the Cadet’s graduation. She praised the Chief of Police for creating a very memorable graduation for the cadets and their families. She invited everyone to attend a seminar called the “Texas Watch Seminar” that will be held at the City of Laredo’s Public Works Service Center on February 28, 2004 at 9:00 a.m. Those present will be the City of Laredo Environmental Department, The Texas Watch, The Texas State University San Marcos, The Texas Commission on Environmental Quality, The International Boundaries and Water Commission, and the United States Environmental Protection Agencies. She said that for centuries the Rio Grande River has provided an abundance source of clean and affordable drinking water. Today this legacy faces significant changes because of rapid population growth accompanied by and expansion of cities that creates non point source pollution. Non point source pollution accrues when storm waters caries oil, grease, pesticides, and other pollutants to creeks and rivers. NPS threatens water quality and potential increases the cost. She added that the good news is that NPS is caused by people and people can help reduce it. She noted that the seminar will provide lunch and will be free of charge.

Mayor Flores also congratulated the Washington’s Birthday Association and the Pocahontas Council for a wonderful pageant. She said that the dresses were wonderful and it was a great event to attend. She continued by saying that the Air Show was fantastic. She congratulated and thanked the Airport Director, Jose Flores, and his staff for such a huge success at the Air Show. She also noted that the Fun Fest and other events have been very successful.

Mayor Flores continued by saying that she and Congressman Ciro Rodriguez had extended and invitation to Congressman Jim Turner to visit Laredo because he is the ranking Democrat on the Homeland Security Committee. She said that Congressman Rodriguez has really embraced his new district to understand the concerns that the City of Laredo has with policy decisions that are being made in Washington with regards to Homeland Security. More specifically, the business community met with the Congressmen and the key item for discussion was the US VISIT. The community expressed their concerns over the unknown implantation of US VISIT. The purpose of the US VISIT was to trace people when they arrive and when they depart, but the tracking is not working. On December 31, 2004 they will implement tracking on the land ports but are not sure how they are going to do that. The last cost estimate given to Congress for the US VISIT was in the neighborhood of 22 billion dollars that will go down the drain because studies have shown that it does nothing to protect our homeland. She said the US VISIT will hurt the United States employment and the economy. She thanked Congressman Jim Turner who is from Crockett, Texas. She added that his district has been wiped out with the new districting; however, he will advocate and make noise for the City of Laredo until December. She also thanked Ciro Rodriguez for visiting the City of Laredo.

Finally, the Mayor advised that one of the local media professionals called her and asked her if she could do something about a government entity that is lying to the people of Laredo. The Mayor expressed her concerns about elected officials from Webb County deceiving the people of Laredo. She stated that the officials from the City of Laredo do not lie. She added that sometimes the truth hurts and the City speaks with the truth. The City’s budget number shows that officials cannot do everything that the public would like for the City to do, but they try to do everything they can. She went on to say that Webb County has refused to deal with the truth and has released a falsified statement. She noted that she was called by the Consul Joseph Hernandez who was very upset because he had to deal with Mexico City over newspaper articles that were reportedly saying the Mexico City has decided to partner with Webb County for the 5^th Bridge. The Consul was very upset because he obtained a copy of the diplomatic notes and they did not reflect the statement released by Webb County. She was angered because the Consul had to stop the function of his office to deal with the politics of Webb County and the erroneous information they gave to the public through a press release. She said that she could not believe that the Government of the United States would allow this to happen to our Consul and to our Consuls’ office. She stated that it is embarrassing to live in Webb County. The Mayor advised the viewing public to protest because of the way Webb County officials are squandering the people’s money. She added that TxDOT did not approve the City’s application for three reasons of which the City spent $17,000 to bring the application to TxDOT’s standards. On the other hand, the County has recently hired new consultants for and additional $500,000.

VI. APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES

None.

VII. PUBLIC HEARINGS

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

City of Laredo by rezoning 34.28 acres, as further described by metes and bounds on attached Exhibit “A” located east of Highway 83 and north of La Pita-Mangana Road, from AG (Agricultural 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: Mayor Pro Tempore Galo

Second: Cm. Amaya

For: 8 Against: 0 Abstain: 0

Motion to close the public hearing and introduce.

Rick Martindale, Project Manager for Wal-Mart Store, asked for a favorable zone change by City Council on the project development.

Moved: Cm. Agredano

Second: Cm. Ramirez

For: 8 Against: 0 Abstain: 0

Ordinance Introduction: Cm. Agredano

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

City of Laredo by rezoning 20.82 acres, as further described by metes and bounds on attached Exhibit “A”, located west of Highway 83, from R-1 (Single Family 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 zone change.

Motion to open the public hearing.

Moved: Mayor Pro Tempore Galo

Second: Cm. Amaya

For: 8 Against: 0 Abstain: 0

Rolando Ortiz, representing Killam Industry, said that Killam owns property that abuts the parcel on three sides. He advised that Killam Industry is opposed to the zone change from R-1 to M-1 because they have a Master Plan that has been submitted to the City of Laredo showing R-1 Residential around the tract. The City of Laredo Planning and Zoning staff has already opposed this said zone change. It would not be consistent with the City of Laredo Master’s Plan or Land Use Plan. Finally, he said the proposed site of a flea market would be unsightly for the area.

Christobal Rodriguez, property owner, stated that he requested for an M-1 because of the proposed flea market. He spoke in favor of the zone change.

Motion to close the public hearing and introduce as a B-3.

Moved: Mayor Pro Tempore Galo

Second: Cm. J. Valdez

For: 6 Against: 2 Abstain: 0

Cm. Belmares

Cm. Garcia

Ordinance Introduction: Mayor Pro Tempore Galo

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

City of Laredo by rezoning 148.66 acres, as further described by metes and bounds on attached Exhibit “A” located south of Concord Hills Boulevard from R-1 (Single Family Residential District) to R-1A (Single Family Reduced Area 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. J. Valdez

For: 8 Against: 0 Abstain: 0

Edward Garza, representing Vaquillas Development, explained the development.

Motion to close the public hearing and introduce.

Moved: Cm. Garcia

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

Ordinance Introduction: Cm. Garcia

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

City of Laredo by rezoning 1.26 acres, as further described by metes and bounds on attached Exhibit “A” located east of Country Club Drive and south of Del Mar Boulevard, 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: 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 introduce.

Moved: Cm. E. Valdez

Second: Cm. J. Valdez

For: 8 Against: 0 Abstain: 0

Ordinance Introduction: Cm. E. Valdez

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

City of Laredo by rezoning 0.56 acres, as further described by metes and bounds on attached Exhibit “A” located east of Country Club Drive and south of Del Mar Boulevard 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: Mayor Pro Tempore Galo

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

There was no public input.

Motion to close the public hearing and introduce.

Moved: Cm. E. Valdez

Second: Cm. J. Valdez

For: 8 Against: 0 Abstain: 0

Ordinance Introduction: Cm. E. Valdez

6. Public hearing amending the 2003 Consolidated One-Year Action Plan to reprogram a

total of $50,000.00 of the 29th Action Year (AY) 2003 Community Development Block Grant (CDBG) funds by reducing the amount of funding for the San Salvador Neighborhood Park Project, from $300,000.00 to $250,000.00 and utilizing the difference of $50,000.00 to create a new activity, the Garcia Vela Little League Field Lighting Project.

Motion to open the public hearing.

Moved: Mayor Pro Tempore Galo

Second: Cm. Garcia

For: 8 Against: 0 Abstain: 0

There was no public input.

Motion to close the public hearing and introduce.

Moved: Mayor Pro Tempore Galo

Second: Cm. Amaya

For: 8 Against: 0 Abstain: 0

Ordinance Introduction: City Council

7. Public hearing and introductory ordinance amending the City of Laredo FY 2003-2004

annual budget by appropriating revenues and expenditures in the amount of $2,500.00 from the University of Texas Health Science Center-Health Education Training Centers Alliance of Texas to conduct the tenth annual “Los dos Laredos” TB Conference by the City of Laredo Health Department for the period beginning October 1, 2003 through September 30, 2004.

Motion to open the public hearing.

Moved: Mayor Pro Tempore Galo

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

There was no public input.

Motion to close the public hearing and introduce.

Moved: Cm. Belmares

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

Ordinance Introduction: City Council

8. Public hearing and introductory ordinance amending the FY 2003-2004 budget by

appropriating the amount of $58,122.00 in unexpended program income from the FY 2002-2003 budget fund balance for the Maternal and Child Health Program grant of the City of Laredo Health Department for the period of September 1, 2003 through August 31, 2004.

Motion to open the public hearing.

Moved: Mayor Pro Tempore Galo

Second: Cm. Garcia

For: 8 Against: 0 Abstain: 0

There was no public input.

Motion to close the public hearing and introduce.

Moved: Mayor Pro Tempore Galo

Second: Cm. J. Valdez

For: 8 Against: 0 Abstain: 0

Ordinance Introduction: City Council

9. Public hearing and introductory ordinance amending the City of Laredo FY 2003-2004

annual budget by appropriating revenues and expenditures in the amount $69,464.00 in additional funds for a grand total of $138,928.00 from the Texas Department of Health for La Familia Health Care Program of the City of Laredo Health Department, and extending the grant period from September 1, 2003, through February 29, 2004, to September 1, 2003, through August 31, 2004.

Motion to open the public hearing.

Moved: Mayor Pro Tempore Galo

Second: Cm. Garcia

For: 8 Against: 0 Abstain: 0

There was no public input.

Motion to close the public hearing and introduce.

Moved: Mayor Pro Tempore Galo

Second: Cm. Belmares

For: 8 Against: 0 Abstain: 0

Ordinance Introduction: City Council

10. Public hearing and introductory ordinance amending the