CITY OF LAREDO

CITY COUNCIL MEETING

M-2004-R-11

CITY COUNCIL CHAMBERS

1110 HOUSTON STREET

LAREDO, TEXAS 78040

JUNE 7, 2004

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

            Johnny Rendon                                                                         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,                                                                       Deputy City Manager

            Jaime Flores,                                                                            City Attorney

 

IV.       MINUTES

 

Approval of the minutes of April 19, 2004.

 

Motion to approve.

 

Moved:  Cm. Agredano

Second:  Cm. Ramirez

For:    7                                                Against:  0                                            Abstain:  0

Mayor Pro Tem Galo was not present.

 

V.        COMMUNICATIONS AND RECOGNITIONS

 

Announcements

 

Cm. Agredano congratulated Council Members Jose A. Valdez, Jr. and Juan Ramirez as they begin their second term and welcomed Cm. Johnny Rendon to the City Council.  On Sunday, they placed flags for all the departed Veterans at the City Cemetery for the Memorial Day ceremony to be held on Monday.  He thanked Cm. Amaya, Cm. J. Valdez, Jr., and City Manager Larry Dovalina for being present.  He mentioned that everyone should pay tribute and give thanks to all veterans who fought and sacrificed for all of us in order to enjoy the freedoms that we have.  He asked that everyone present observe a few moments of silence for President Ronald Reagan.

 

Cm. Garcia congratulated Dr. Cecilia Moreno on her retirement from Laredo Independent  School District.  He mentioned that she has been an educator with the school district for many years and has done so much for the school district during her tenure.  He wished her all the best in her new position as superintendent in Carrizo Springs.  He also congratulated Horacio De Leon, Parks and Recreation Director, on his selection to attend a three week seminar on executive leadership at Harvard University.  He thanked the past and present City Council, Webb County Commissioners Court, Engineering Department, Planning and Zoning Department, and the City Manager’s Office on the Joint Colonias Improvement Project – Phase II.  He attended the groundbreaking ceremony last week and he mentioned that the people on Hwy. 359 will have running water in a few months. 

 

Cm. Amaya commented on the press conference held at noon today.  He stated that he, together with George Beckelhymer, and Dr. Cecilia Moreno of Laredo Independent School District have been working together to resolve this issue with Laredo Independent School District.  He added that logically it appears that the land belongs to the school district, but legally it is not clear whether they are the owners of the property at issue.

 

Cm. Rendon thanked all the voters of Laredo who entrusted their vote in him during this last election.  He added that he is looking forward in working with Mayor Flores and City Council for the betterment of the community.

 

Cm. Belmares recognized Judge Oscar Martinez for his hard work and participation with the St. Patrick’s Church Youth Group at their fundraiser.  He stated that Judge Martinez has always been a pillar of the community and is always willing to help the youth of Laredo. 

 

Cm. J. Valdez, Jr. mentioned the Memorial Day ceremony held at the City Cemetery in honor of all our veterans.   He thanked the Cemetery staff did a great job in setting up for the event and the ceremony was well attended.  He also thanked the City Manager’s Office, Parks and Recreation Department, Community Development, Public Works Department, Public Library Non-Profit Section, Environmental Services, Traffic Department, and the Fire Department for the joint cleanup effort at the Indian Sunset pond.  He thanked Westwind Homes for the donation of $600.00 to the project, as well as Southern Sanitation and Golden Corral for the assistance with this project.  He thanked his wife and his children for the continued support they have provided throughout the four years that he has served District VII.  He mentioned that he looks forward to the next four years in office. 

 

Cm. Ramirez thanked all the constituents in District VIII for their hard work and their vote.  He stated that in spite of the recount petition, the election results showed that the voters place their trust in him to continue to do good work for the district. 

 

Mayor Flores mentioned that there is an article in the Laredo Morning Times Business Journal regarding the City’s bond rating.  She encouraged everyone to read the news article which mentions that Laredo received an A+ bond rating from Standard & Poors which reflects historically sound financial management, the diverse General Fund revenue streams, the aggressive direct debt amortization and the City’s rapidly growing economic base.  She also mentioned that she was saddened to learn of President Reagan’s passing.  She stated that he truly was one of the greatest Presidents our country has had.  She mentioned that her family worked with his presidency under the Texas War on Drugs campaign at the time. 

 

Invitations

 

None. 

 

Recognitions

 

a.       Recognition of Malia Watson from the Laredo Public Library on her selection as April Employee of the Month.

 

Maria Soliz, Assistant Library Director, stated that Malia Watson is the Manager of the Technical Services Department.  She mentioned that Ms. Watson not only makes the most of her tremendous technical services skills, but she also looks for the best way to serve the community with new library programs and services.  She added that Ms. Watson approaches each task with a caring passion and recently worked closely with her co-workers to make National Library Week activities a big success. 

 

b.      Recognition of Linda Xochitl Mora Garcia from the City Manager’s Department Public Information Office on her selection as May Employee of the Month.

 

Mayor Flores and City Council publicly recognized Xochitl Mora as the May employee of the month. 

 

c.       Recognition of Red Raiders football team.

 

Mayor Flores and City Council presented the players for an outstanding undefeated 2004 winning season and recognizing them as the Champions of the South Valley Division of the Texas United Football League. 

 

d.      Recognizing Police Investigators Jorge Luna, Jr. and Martin J. Guerra for their completion of training from the United States Department of Justice/Federal Bureau of Investigation Basic Bomb Technician Accreditation Course.  Both officers are now fully qualified as certified bomb technicians and will now be able to respond to any bomb threats received in the city.

 

Mayor Flores and City Council recognized and congratulated Jorge Luna, Jr. and Martin J. Guerra for their achievement.   These officers have gone through 16 weeks of extensive training in bomb detection and disposal and are qualified as certified bomb technicians.   

 

e.       Recognition of City of Laredo employees and R.E.A.C.H. Committee members for their commitment to volunteerism in the community by supporting the American Cancer Society and in promoting awareness, prevention, education, and support in research to find a cure for cancer.

 

Dan Migura, Administrative Services Director, reported that the City was recognized by the American Cancer Society for the fine efforts of the City’s employees.  Pedro Soto, past president of the American Cancer Society reported that the Relay for Life is the most important fundraising event for the organization.  He mentioned that the City of Laredo employees have literally rescued the local American Cancer Society chapter from extinction.  He added that with the City’s continued support, they are confident that this event will grow bigger and better each year.   He presented a plaque to Mayor Flores and the R.E.A.C.H. Committee members for all their hard work throughout the year.

 

Communiqués

 

VI.       APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES

           

a.         Appointment by Mayor Pro Tempore John C. Galo of Mary B. Wyers to the Citizens Environmental Advisory Committee.

 

Motion to approve.

 

Moved:  Cm. Agredano

Second:  Cm. Belmares

For:    7                                                     Against:  0                                           Abstain:  0 

 

b.         Appointment by Council Member Juan Ramirez of Dr. Michael Yoder to the Parks and Recreation Committee.

 

Motion to approve.

 

Moved:  Cm. Ramirez      

Second:  Cm. Belmares

For:    7                                                     Against:  0                                            Abstain:  0

  

VII.           PUBLIC HEARINGS

 

1.      Public hearing regarding the proposed substantial amendment of the 24th, 25th, and 28th Action Year Community Development Block Grant (CDBG) One-Year Action Plans for the reprogramming of CDBG fund balances totaling $132,000.00.  The reprogrammed funds will be used for the acquisition of an open space/green-space recreational land.

 

Motion to open the public hearing.

 

Moved:  Cm. Belmares

Second:  Cm. Garcia

For:    7                                                      Against:  0                                            Abstain:  0 

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm. Ramirez

Second:  Cm. Belmares

For:    7                                                      Against:  0                                            Abstain:  0 

 

Ordinance Introduction:  City Council

 

2.      Public hearing concerning an appeal of the denial order issued on April 23, 2004, by the Historic District/Landmark Board regarding the installation of approximately fifty air conditioning window units on the two street-front facades of the Sames-Moore Building.

 

Location:  Lot 8 E N ½ of 9-10 Block 70 W. D.

Commonly known as:  1219 Matamoros Sames-Moore Building

Petitioner:  Jorge O. Gutierrez

Locally significant historic landmark

 

Motion to open the public hearing.

 

Moved:  Cm. Garcia

Second:  Cm. Agredano

For:  7                                                        Against:  0                                            Abstain:  0 

 

Mayor Pro Tem Galo joined the meeting at 7:19 p.m.

 

Sally V. Zuck, resident of St. Peter’s Historic District, spoke against the request denial of this petition.  The historical buildings are part of  Laredo’s culture, character, and heritage.  She added that these buildings are disappearing at an alarming rate.  The Sames-Moore building is one of the most important historical buildings in Laredo and she urged the City Council to assist in preserving the city’s past. 

 

John Keck, Chairperson of the Historic District/Landmark Board stated that the prime responsibility of the board is to be involved in the requests for design and review for demolition or alterations of structures in the three historic districts in Laredo.  He asked that City Council deny the appeal of the denial order issued. 

 

Keith Selman, City Planner, mentioned that the request was two-fold.  He stated that the initial part of the request, which was ultimately approved, was the re-facing of the windows by detailing the window frames.  The applicant requested to replace the current window frames with a metal-type material and it would be the same color, and the Landmark Board did approve that.  He provided images for the City Council to see what the window units would look like.  He added that in the department’s e-mail to the Texas Historical Commission, they did outline to the applicants what was suitable and the owners stated that the units would not protrude outside the windows. 

 

Tomas Yzaquirre, one of the building owners, distributed photographs of the window units they want to install in order to explain how the façade would look. 

 

Elsa Ibarra Valdez, a resident of St. Peter’s Historical District, spoke against the appeal approval.   She stated that there is a nationwide drive and a renewed interest in restoring America and our old buildings.   Laredo is falling a bit behind in this effort and this would be another step back.  The air conditioning units that they plan to install would totally change the building’s façade. 

 

Motion to permit the building owners to modify the windows as shown on the photographs provided to City Council.

 

Moved:  Cm. Ramirez

Second:  Cm. Belmares

For:    8                                                      Against:  0                                Abstain:  0

 

Motion to close the public hearing and introduce.

 

Moved:  Cm. Ramirez

Second:  Cm. Belmares

For:    8                                                      Against:  0                                Abstain:  0 

 

Ordinance Introduction:  City Council

 

3.      Public hearing and introductory ordinance authorizing the City Manager to execute two (2) year lease agreements for retail space at  “El Mercado” located on Hidalgo and Lincoln Street with the following retail Lessors; Chez Mauricette, Helados La Playa and Hot Dog Express; copies of which are provided as Exhibits “A” through “C”; and providing for effective date.

 

Motion to open the public hearing.

 

Moved:  Cm. Belmares

Second:  Cm. J. Valdez, Jr.

For:    8                                                      Against:  0                                Abstain:  0 

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm. Ramirez

Second:  Cm. Belmares

For:    8                                                      Against:  0                                Abstain:  0 

 

Ordinance Introduction:  City Council

 

4.      Public hearing and introductory ordinance amending the City of Laredo FY 2003-2004 annual budget by decreasing revenues and expenditures in the amount $20,000.00 in funds from the Texas Department of Health for the Maternal and Child Health (MCH-Title V) 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. Belmares

Second:  Cm. Garcia

For:    8                                                      Against:  0                                Abstain:  0 

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm. Agredano

Second:  Cm. Garcia

For:    8                                                      Against:  0                                Abstain:  0 

 

Ordinance Introduction:  City Council

          

5.      Public hearing and introductory ordinance amending the City of Laredo FY 2003-2004 annual budget by increasing revenues and expenditures in the amount $20,000.00 in funds from the Texas Department of Health for the Family Planning Services 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. Belmares

Second:  Cm. Agredano

For:    8                                                      Against:  0                                Abstain: 0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm. Agredano

Second:  Cm. Garcia

For:    8                                                      Against:  0                                Abstain:  0 

 

Ordinance Introduction:  City Council

 

6.      Public hearing and introductory ordinance adding new Article II [regulation of private premises vendors] to Chapter 18 of the Code of Ordinances; said Article II defining “private premises vendors”, regulating them, requiring permits, setting duration of permit, setting fee of $100.00 for a permit on land owned by permittee and of $500.00 for a permit on land not owned by permittee, and providing for penalty for violation of any provision of the regulations; providing for publication and effective date.

 

Motion to open the public hearing.

 

Moved:  Cm. Belmares

Second:  Cm. Agredano

For:    8                                                      Against:  0                                Abstain:  0

 

Carlos Blanco, Jr. asked whether this would affect the minimum wage earners in the community by requiring that they pay a fee to require a permit from them. 

 

Cm. Belmares stated that this ordinance is not meant to drive the individuals out of business but it is meant to protect them.   He stated that they created an ordinance that would allow these types of businesses to prosper. 

 

Motion to close the public hearing and introduce.

 

Moved:  Cm. Belmares

Second:  Cm. Garcia

For:    6                                                      Against:  2                                Abstain:  0

                                                                  Cm. J. Valdez, Jr.

                                                                  Cm. Ramirez

 

Ordinance Introduction:  City Council

 

7.      Public hearing and introductory ordinance authorizing the City Manager to accept $600.00 in donations and amending the City of Laredo FY 2003-2004 General Fund Annual Budget by appropriating revenues in the amount of $600.00 in the form of a donation from Westwind Homes and appropriating expenditures in the amount of $600.00 for the purchase of food and beverages for the Indian Sunset Pond Clean Up Campaign that was held Saturday, May 22, 2004.

 

Motion to open the public hearing.

 

Moved:  Mayor Pro Tem Galo

Second:  Cm. Garcia

For:    8                                                      Against:  0                                Abstain:   0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm. J. Valdez, Jr.

Second:  Cm. Agredano

For:    7                                                      Against:  0                                Abstain:  1

                                                                                                                  Cm. Belmares 

 

Ordinance Introduction:  City Council

 

(Recess)

(Press Availability)

 

VIII.    INTRODUCTORY ORDINANCES

 

8.      Authorizing City Manager to convey on behalf of City of Laredo, as Trustee, Lots 7 and 8, Block 1299, Eastern Division, to City of Laredo, for its appraised fair market value of $9,578.00 of which the net proceeds shall be disbursed to the creditor taxing entities in the proportion each entity holds of the tax judgment; and providing for effective date. 

 

Ordinance Introduction:  City Council

 

9.      Authorizing City Manager to convey on behalf of City of Laredo, as trustee, Lots 4 and 5, Block 1299, Eastern Division, to City of Laredo, for its appraised fair market value of $9,578.00 of which the net proceeds shall be disbursed to the creditor taxing entities in the proportion each entity holds of the tax judgment; and providing for effective date.

 

Ordinance Introduction:  City Council

 

10.        Authorizing the City Manager execute Easement Document WR# 2137814 with American Electric Power (AEP) for a 12’ x 750’ easement (9,000 square feet) and right-of-way out of the 1,259.09 acre tract of the Laredo International Airport recorded in Volume 478, Page 479-480 of the Webb County Deed Records for the purpose of installing underground electrical facilities to serve the Precision Approach Path Indicator (PAPI) to Runway 17L; and providing for an effective date. 

 

Ordinance Introduction:  City Council

 

11.        Authorizing the City Manager to execute all necessary documents to effectively convey fee simple title to the “Surface Only”, at its market value of $7,583.18, for certain property described as a 5,924.36  sq. ft. (0.1360 of an acre) tract of land, more or less, out of that former section of the 2200 block of Lincoln Street between Eagle Pass Avenue and the Laredo Community College property line to Millco International, Inc.; said tract being situated in the Western Division, City of Laredo, Webb County, Texas being generally described in attached Exhibit “A”; and providing for an effective date.

 

Ordinance Introduction:  City Council

 

IX.       FINAL READING OF ORDINANCES 

 

Motion to waive the final reading of ordinances # 2004-O-113; # 2004-O-114; # 2004-O-115; # 2004-O-116; # 2004-O-117; # 2004-O-118; # 2004-O-119; # 2004-O-120; # 2004-O-121; # 2004-O-122; # 2004-O-123; # 2004-O-124; # 2004-O-125; # 2004-O-126; # 2004-O-127; # 2004-O-128; # 2004-O-129; # 2004-O-130; # 2004-O-131; and # 2004-O-132.

 

Moved:  Cm. Agredano

Second:  Cm. J. Valdez, Jr.

For:    8                                                Against:  0                                            Abstain:  0 

 

12.               

2004-O-113                       Amending the Zoning Ordinance Map of the City of Laredo by authorizing the issuance of a Conditional Use Permit for condominiums on 1.00 acres, as further described by metes and bounds on attached Exhibit “A” located north of the proposed Shiloh extension and east of Stone Creek Subdivision; providing for publication and effective date. 

 

Motion to adopt Ordinance # 2004-O-113.

 

Moved:  Cm. Agredano

Second:  Cm. J. Valdez, Jr.

For:    8                             Against:  0                         Abstain:  0 

 

2004-O-114                       Amending the Zoning Ordinance Map of the City of Laredo by authorizing the amendment of Ordinance 99-O-039, which authorized a Conditional Use Permit for major auto repair, on the south ½ of Lot 3 and Lots 4, 5 and 6, Block 197, Eastern Division, located at 4115 Sanders Avenue, by including tire repair as an additional allowed condition