CITY OF LAREDO

CITY COUNCIL MEETING

M2004-R-08

CITY COUNCIL CHAMBERS

1110 HOUSTON STREET

LAREDO, TEXAS 78040

MAY 3, 2004

5:30 P.M.

 

    I.      CALL TO ORDER

 

            With a quorum present, Mayor Pro Tempore Galo called the meeting to order.

 

  II.      PLEDGE OF ALLEGIANCE

 

            Mayor Pro Tempore Galo 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

 

            None.

V.        COMMUNICATIONS AND RECOGNITIONS

 

            Announcements

 

Cm. Agredano invited everyone to participate in the 12th Annual Letter Carrier Food Drive to be held on Saturday, May 8, 2004.  He asked that the community make a contribution of any non-perishable food items to this drive.  He explained that people can leave the food items outside their mailbox and the letter carriers will pick them up during their rounds.  He added that all the food collected stays here for distribution to the people in Laredo.  He also extended Mother’s Day greetings to all local mothers, especially to his mother, mother-in-law, and his wife. 

 

Cm. Garcia extended warm greetings to all mothers on their special day on May 9, 2004.  He mentioned that this week is also Teacher Appreciation Week and asked parents to congratulate them because they work hard all school year with our children.  He added that next week is Police Officer Week and asked that everyone show their appreciation to them for the hard work they do for the entire community.  He also thanked the Parks and Recreation crews for the great work done at Vela Park, Optimists Park, and Eastwood Park to make them suitable for recreational activities following the bad weather storm. 

 

Mayor Pro Tem Galo extended Happy Mother’s Day greetings to all mothers and urged everyone to show their appreciation to their mothers.  He also congratulated Dr. Cantu for the dedication of a building at Martin High School in his name.  He asked that everyone show their appreciation to our teachers in recognition of Teachers Appreciation Day and to our secretaries and administrators in recognition of Executive Administrators Day.   He congratulated the Laredo Bucks team and everyone in the city for their support of the hockey team.  

 

Cm. Amaya stated that he attended the Jesus Garcia Head Start Program and stated that he truly enjoyed the program that they presented and thanked the staff for the fine work they do.  He also thanked the Parks and Recreation crews for the great job they did in replanting the palm trees around the skate park on Lyon Street.  He reminded everyone to go out early to cast their vote for the May 17th election.  He stated that early voting began on April 28th and will run through May 11th. 

 

Cm. E. Valdez, Jr. stated that his time as a public servant to the citizens of District V was coming to a close.  He thanked his constituents for all their support through the years and the crew from Public Works for taking care of the numerous requests coming in for District V, the City Manager for his quick response to the district’s drainage issues, the Parks & Recreation Department for wrapping up most of the pending projects.  He also extended  Mother’s Day greetings to all mothers in the community, especially his mother and wife.

 

Cm. Belmares also extended Mother’s Day greetings to all mothers especially his wife, mother, and mother-in-law.  He also thanked the City Manager for the time given to address important issues in District VI, with a special thanks to Eddie Garza, Juan Gomez, and Ed Gilpin of the Engineering Department who worked diligently on the flooding issues. 

 

Cm. J. Valdez, Jr. extended greetings to all mothers for a special Mother’s Day holiday and to all teachers for Teachers Appreciation Week.   He also thanked the crews from Public Works for the excellent work done to control the erosion at the creek on Bristol Road.  He thanked a volunteer group that provided their time to clean up an area along the railroad tracks in Districts VII and VIII. 

 

Cm. Ramirez congratulated Mr. Vasquez who was responsible for the painting of a mural in the Azteca neighborhood.  He congratulated the Transportation Safety Association on its first annual Safety Conference to be held in Laredo May 6th through May 8th.  He extended an invitation for everyone to attend a ribbon-cutting ceremony on May 5th for the new El Cuatro Pit Park.  He explained that this used to be part of the arroyo system down by the riverbanks.  He also wished all the mothers in our community a Happy Mother’s Day.

 

Mayor Flores congratulated Dr. Dennis Cantu for the dedication of a building at Martin High School.  She also thanked the members of the Green Space Committee for their dedication and contributions to the committee for the protection of our green space and future development in the community.  She personally thanked her appointee, Vicente Garza, Dr. Earhardt and the citizens of Laredo who have been actively involved in this important cause. 

 

            Invitations

 

            Recognitions

 

a.  Recognition of Associate Judge Belinda Mendez on her appointment to State Judge

     officially known as Title IV-D Master I, which deals with family law matters.

 

      Mayor Flores and City Council presented Belinda Mendez with a Certificate of Recognition for her service to the City of Laredo from July, 2002 to June, 2004.

 

b.  Recognizing Jonathan Leyendecker as the District 5A Individual Golf Champion and

     fellow teammates from J.B. Alexander High School as District 5A Champions.

 

      Mayor Flores and City Council presented Jonathan Leyendecker with a Certificate of Recognition along with fellow teammates  Brian Caroll, Rene Rangel, Albert Galvan, Luis Guerra, and Ernie Benavides for their achievement. 

 

c.  Recognizing Christopher Welnetz, senior at United High School for winning Tennis

     District Champ sectional runner up for the third time.

 

      Mayor Flores and City Council presented Christopher Welnetz with a Certificate of Recognition for his achievement. 

d.  Recognition of City departments for their contribution and participation in the 2003

     United Way Campaign.

 

Larry Dovalina, City Manager, stated that the City of Laredo has led by example, in particular with the United Way campaign by lending individuals to the campaign themselves.  These people have worked as officers and volunteers to collect funds for the organization.  He looks forward to continued participation in this worthy cause and stated that Dan Migura will be the new president for the United Way campaign.  He mentioned that the goals that were set by the committees involved in the process were self-determination and self-achievers which reflects in the amount of contributions being doubled from the first year’s contribution and sustaining the same amount for contributions in the years following.  He added that these contributions come from employee paychecks, not corporate contributions and the City employees are the leading employee group in the entire city. 

 

Dan Migura, Administrative Services Director, introduced David Cardwell, the current president, and Peggy Garcia, Executive Director, for their efforts to this cause.  He also thanked members of the R.E.A.C.H. Committee for the remarkable contributions made by them to this year’s and last year’s campaign: Anita Stanley – Parks and Recreation Department, Blasita Lopez – Telecommunications, Jerry Leal – Telecommunications, Eddie Zavala – City Manager’s Office, Linda Teniente – Administrative Services Department, and Sylvia Arrellano – Health Department. 

 

David Cardwell, current president of United Way, stated that without the efforts and contributions of the city employees, City Manager, Mayor Flores and the City Council, Dan Migura, and the R.E.A.C.H. Committee, they would not have reached the 2003 United Way goal.  He presented a special recognition for the Highest Employee Group Contributor and Pacesetter Award to Mayor Flores. 

 

Recognitions were made to the following departments for their contributions to the organization:

 

Gold Glass Award

 

Fire                                                Chief Luis Sosa                        $31, 751.80

 

Green Glass Award

 

Police                                             Chief Agustin Dovalina              $23,325.16

 

Gold Category

 

City Manager’s Office                    Larry Dovalina                          $6,532.05

Parks and Recreation                      Horacio De Leon                      $6,225.44

Health Department                          Hector Gonzalez                       $5,276.40

Transit – El Metro                          Tom Lucek                               $5,172.18

Bridge Department                         Rafael Garcia, Jr.                      $5,137.68

 

Silver Category

 

Engineering/Public Works   Rogelio Rivera/John Orfila        $3,688.50

Public Library                                 Janice Weber                           $2,727.00

Traffic/Safety                                  Roberto Murillo                        $2,645.00

Administrative Services                   Dan Migura                              $2,541.94

Finance Department                        Rosario Cabello                        $2,310.30

Airport                                           Jose Flores                               $2,297.20

Community Development                Erasmo Villarreal                      $2,127.46

Solid Waste                                    Oscar Medina                          $2,044.00

Environmental Services                   Riazul Mia                                $2,473.74

Planning & Zoning              Keith Selman                            $1,604.40

Engineering Department                  Rogelio Rivera              $1,405.00

Public Access                                 Blasita Lopez                            $1,306.48

Utilities                                           Pablo Martinez             $1,265.00

Budget                                           Martin Aleman              $1,222.00

Municipal Court                              Tommy Ochoa             $1,222.00

Convention & Visitors Bureau         Nick Reyna                              $1,211.86

Tax                                                Elizabeth Martinez                    $1,201.70

 

 

 

 

Recognition

 

Mayor & City Council                    Mayor Elizabeth G. Flores       

City Secretary’s Office                   Gustavo Guevara, Jr.

New Employee Orientation Dan Migura

City Attorney’s Office                     Jaime Flores

M.I.S.                                            Sandra Aleman

 

Highest Employee Group Contributor and Pacesetter Award

 

                                                      Grand Total                              $123,409.34

 

e.  Recognizing the Financial Services Department on their fifteenth consecutive

distinguished award for Excellence in Financial Reporting from the Government Finance Officers Association (GFOA).  This award is the highest recognition for state and local governments.

 

Rosario Cabello, Finance Director, reported that this recognition tells the community how strong the City is and that the department diligently fulfills all the audit and legal requirements and follows the GFOA principles as required. 

 

f.  Recognition by the Parks and Recreation Department of the 3rd Annual City Employee

    Bowling Tournament winners, fundraiser for the American Cancer Society.

 

    Mike Pescador, Assistant Parks Director, requested to postpone the awards presentation  

    for the next meeting.  He mentioned that there were 22 teams comprised of City

    employees who collectively raised over $1,000.00 at this event.  He read the winners’  

    categories which are as follows:

 

    1st Place                               Laredo Police Department team

    2nd Place                              Laredo Police Department team

    3rd Place                               Laredo Police Department/Fire Department team

    Best Bowler                         Jerry Cantu – Environmental Services

    Most Spirited Team              Budget/MIS/City Manager’s Office

 

  g.  A special recognition was made to Cm. Hector Garcia on behalf of the Dr. H. Cuellar    

    Elementary basketball team as a token of appreciation.  Coach Felix Nunez presented a  

    plaque to Cm. Garcia in appreciation for his dedication and commitment to the 4th grade

    basketball team.  

 

            Communiqués

 

a.  Presentation by Jose Ortiz regarding City owned public restrooms.

 

      Jose Ortiz stated that he wanted to call attention to one of the serious problems which is the condition of the public restrooms in the downtown area.  On two occasions, he visited the downtown area and had to use the facilities made available for shoppers and visitors.  He stated that he pointed out several deficiencies to the city officials who referred him to the Parks and Recreation Department.  He was told that these facilities are a continual problem because vagrants and transients use these public facilities to bathe on a daily basis.  He would like these facilities to be brought up to par and would like a response from the City as to how this problem will be corrected.

 

      Mayor Flores mentioned that these deficiencies that he brought to the City’s attention are correct.  She explained that City crews go by the facilities every hour on the hour to clean and check for supplies and the problem resurfaces when they go back.  She stated that most public restrooms in major cities are closed down for the same reasons.  She added that the Parks and Recreation Department will follow up with Mr. Ortiz and make some recommendations to City Council to hopefully come up with a solution to this ongoing problem. 

 

b.  Presentation by the Parks and Recreation Department Miracle Youth Committee

     regarding recent special events and activities.

 

Anita Stanley, Parks and Recreation Centers Manager, introduced the committee which was formed in February, 2003.  She stated that this committee empowers the youth and allows them to have a voice in the activities being scheduled.  She introduced the members of the committee and those officers present: 

 

President                Tony Rangel

Secretary                Crystal Limon

Sgt-at-Arms           Jose Casiano

 

President Tony Rangel explained the purpose of the committee is to serve as an advisory committee and the primary purpose is to help put youth’s opinions into the events and programs at the recreation centers.  He added that their mission, along with the City Council’s help and cooperation, is to make the recreation centers a better and exciting place for the future leaders of this city. 

 

VI.       APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES

             

a.  Appointment by Council Member Hector J. Garcia of Ricardo Gonzalez to the Ad Hoc

     Vehicles for Hire Committee.

 

     Motion to approve.

 

     Moved:  Mayor Pro Tem Galo

     Second:  Cm. Belmares

     For:     8                                          Against:  0                                            Abstain:  0

VII. PUBLIC HEARINGS

 

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

City of Laredo by rezoning the west 46.30 feet of Lot 8, Block 1536, Eastern Division, located at 2602 Ash Street, 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 denial of the proposed zone change.

 

Motion to open the public hearing. 

 

Moved:  Mayor Pro Tem Galo

Second:  Cm. Garcia

For:     8                                          Against:  0                                            Abstain:  0

 

Juan Botello, resident of 2604 E. Ash, asked to have a ruling on this proposed zone change rather than postponing it. 

 

Marcial Ruben Gonzalez, resident of  2603 Montgomery, stated that there should not be a zone change to an R-2.  There are plenty of traffic problems in the area so he recommends that the zone change not be approved.

 

Pedro Castaneda stated that the block in question already has three corners with apartments.  He cannot understand why these residents are objecting to the zone change request being made now when there were not objections made for the other three requests from those property owners.

 

Motion to close the public hearing and postpone for May 17, 2004.

 

Moved:  Cm. Amaya

Second:  Cm. J. Valdez, Jr.

For:     8                                          Against:  0                                            Abstain:  0

2.  Public hearing and introductory ordinance amending the City of Laredo Land

Development Code, Article III, by creating section 24-57, “Green Space Preservation,” and amending the City of Laredo Land Development Code, Appendix A, by including definitions relating to Green Space Preservation; providing for severability, publication and effective date.  The Planning and Zoning Commission has recommended approval of the proposed ordinance amendment.

 

Motion to open the public hearing. 

 

Moved:  Cm. Belmares

Second:  Cm. Agredano

For:     8                                          Against:  0                                            Abstain:  0

 

Motion to close the public hearing and introduce.

 

Moved:  Cm. Agredano

Second:  Cm. Belmares

For:     8                                          Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

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

annual budget by appropriating revenues and expenditures in the amount of $2,000.00 in additional funds for a grant total of $22,000.00 from the University of Arizona for the Border Vision Fronteriza (BVF) 2:  Community Health Workers for Children’s Health Project of the City of Laredo Health Department, for the period beginning September 14, 2003, through September 13, 2004.

 

Motion to open the public hearing. 

 

Moved:  Cm. Belmares

Second:  Mayor Pro Tem Galo

For:     8                                          Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm. Belmares

Second:  Cm. Garcia

For:     8                                          Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

4.  Public hearing providing community residents an opportunity to comment on their

housing and community needs and the projects that they wish to see funded through the 30th Action Year (AY) Community Development Block Grant (CDBG), the 2004 HOME Investment Partnerships Grant (HOME), the 2004 Emergency Shelter Grant (ESG), and the 2003 and 2004 American Dream Downpayment Initiative Programs (ADDI) in support of the preparation and submission of the 2004 Consolidated Plan to the U.S. Department of Housing and Urban Development (HUD).  Also for discussion and comment is the Fiscal Year (FY) 2002-2003 Consolidated Annual Performance Report regarding the City’s administration of HUD Programs. 

 

Motion to open the public hearing. 

 

Moved:  Cm. Garcia

Second:  Cm. Agredano

For:     8                                          Against:  0                                            Abstain:  0

 

Erasmo Villarreal, Community Development Director, reported that they held several neighborhood meetings to solicit input on the consolidated plan.  He stated that they had a very good turnout and positive comments from the general public.  He explained that HUD provided the City of Laredo with a satisfactory rating in following the consolidated plan.  He noted the positive comments made by HUD regarding affordable housing provided to the community.  He stated that the City provided 147 local families with down payment assistance which is an 8% increase over the prior year.  Another point of interest is that the department has created a partnership with Webb Neighborhood Housing Services Corporation to provide housing to the disabled.  He stated that the City has been able to provide 10 units tailor made for people with special needs.  He noted that HUD requires that 75% of the funds that come in be utilized for low to moderate income people and the City has used 100% of those funds for low to moderate income people.  Under the HOME program, the City ranked third out of nine participating jurisdictions in terms of expenditure rates.  He explained that they expended more money last year than was actually received.  Under the emergency shelter grant, he explained that the department does need to address concerns within the integrated disbursement system with HUD.  He added that HUD made some comments that the department did a very good job of leveraging the funds received from CDBG.  He explained that the City was successful  in leveraging private dollars to create more investment for the downtown Calle Iturbide project.  He added that for next year’s planning year, the City has $4,336,000.00 which is a $31,000.00 decrease under the CDBG block grant; and there is $1,444,006.00 under the HOME program, which is a $56,000.00 decrease.   He added that there is a new program, American Dream down payment initiative, which will allow for down payment assistance with a minimum of $1,000.00 up to $10,000.00 in assistance to home buyers.    

 

Motion to close the public hearing. 

 

Moved:  Mayor Pro Tem Galo

Second:  Cm. E. Valdez, Jr.

For:     8                                          Against:  0                                            Abstain:  0

 

5.  Public hearing and introductory ordinance authorizing the City Manager to enter into

agreement with Texas Parks and Wildlife to accept a grant in the amount of $55,380.00 with a 20% local match for the construction of the Chacon Creek Trail Phase II and amend the City of Laredo Fiscal Year 2004 Capital Improvements Projects Fund annual budget by appropriating revenues and expenditures in the amount of $90,380.00 for the construction and development of Phase II of the Chacon Creek Hike and Bike Trail.

 

Motion to open the public hearing. 

 

Moved:  Mayor Pro Tem Galo

Second:  Cm. Amaya

For:     8                                          Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce. 

 

Moved:  Mayor Pro Tem Galo

Second:  Cm. Agredano

For:     8                                          Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

VIII.    INTRODUCTORY ORDINANCES

 

6.  Authorizing the City Manager to execute a contract by and on behalf of the City of

Laredo as Zone Grantee of Foreign Trade Zone No. 94 Site 6 and specifically authorizing the City Manager to enter into operations agreement with Ravisa Distribution Center, as Zone Site Operator for approximately 5,000 square feet of activated space and 2,150 square feet of yard space located at 13485 South Unitec Drive, Unitec Industrial Park Foreign Trade Zone Site 6 and authorizing the City Manager to execute said agreement.  Providing activation, administrative and transaction fees to the City and providing for an effective date.

 

Ordinance Introduction:  City Council

 

7.  Authorizing the City Manager to execute all necessary documents to effectively to

convey to Jesus Padilla, fee simple title to the “Surface Only” of certain property described as being a 3,544.6830 square feet or 0.081 acres, more or less, parcel of land, at its market value of $5,300.00 and being situated in Survey 1019, Abstract 62, City of Laredo, Webb County Texas; as described by metes and bounds and survey attached as Exhibits A and B; and providing for an effective date. 

 

Ordinance Introduction:  City Council

 

8.  Amending Chapter 19, “Motor Vehicles and Traffic” Article VIII; Stopping, Standing or

Parking, of the Code of Ordinances of the City of Laredo:  Specifically Section 19-364, Restricted Parking Areas, establishing a “No Parking Anytime/Tow Away Zone” on the east side of the 11000 block of McPherson Road between Nafta Street and Grand Central Boulevard, within city limits of Laredo; providing for severability, effective date and publication.

 

Ordinance Introduction:  City Council

IX.       FINAL READING OF ORDINANCES 

 

Motion to waive the final readings of ordinance # 2004-O-087; # 2004-O-088; # 2004-O-089; # 2004-O-090; # 2004-O-091; # 2004-O-092; # 2004-O-093; # 2004-O-094; # 2004-O-095; # 2004-O-096; # 2004-O-097; # 2004-O-098; # 2004-O-099; # 2004-O-100; # 2004-O-101; # 2004-O-102; # 2004-O-103; # 2004-O-104.

 

Moved:  Mayor Pro Tem Galo

Second:  Cm. Agredano

For:      8                                              Against:  0                                            Abstain:  0

9.  2004-O-87  Third and Final Reading authorizing the granting to Batista Roman

Enterprises, Inc., a non-exclusive franchise to construct, maintain and operate a commercial container refuse gathering and disposing service in the City of Laredo, Texas and providing the terms, conditions, obligations, and limitations upon and under which such franchise shall be exercised; providing indemnity to the city; city retains authority to regulate rates except for rate increases resulting from increased landfill fees which are passed on to the customer; providing for increased services rates; providing for franchise payments; and providing for severability, publication and effective date.  (As amended)

 

Motion to adopt Ordinance # 2004-O-87.

 

 

Moved:  Mayor Pro Tem Galo

Second:  Cm. Agredano

For:     8                                  Against:  0                                Abstain:  0

     2004-O-88  Amending Section 24-94, of the Laredo Land Development Code, in order

                         to revise the established standards and procedures governing the issuance of

                         Conditional Use Permits; providing for publication and effective date. 

 

Motion to adopt Ordinance # 2004-O-88.

 

Moved:  Mayor Pro Tem Galo

Second:  Cm. Agredano

For:     8                                  Against:  0                                Abstain:  0

                 2004-O-89  Amending the Zoning Ordinance Map of the C