CITY OF LAREDO

CITY COUNCIL MEETING

M2004-R-014

CITY COUNCIL CHAMBERS

1110 HOUSTON STREET

LAREDO, TEXAS 78040

July 19, 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 Elizabeth G. 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, Council Member, District III

Johnny Amaya, Mayor Pro Tempore, 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

Jaime Flores, City Attorney

IV. MINUTES

Approval of the minutes of June 7, 2004.

Moved: Cm. Agredano

Second: Mayor Pro Tempore Amaya

For: 8 Against: 0 Abstain: 0

V. COMMUNICATIONS AND RECOGNITIONS

Announcements

None.

Invitations

None.

Recognitions

a. Recognition of Adriana Garza from Alexander High School on being selected to

compete in the 2004 Tourney Sport USA Hawaii Classics Competition and winning the top pool medalists competition and overall tournament championship. She was also selected to the All-Tournament Team and placed 2nd in the setting skills contest.

Motion to postpone for next meeting.

Moved: Cm. Valdez

Second: Cm. Belmares

For: 8 Against: 0 Abstain: 0

b. Recognitions of Sam Youngs (home school, 4th grade), Alex Lopez (Milton Elem., 5th

grade), Anaissa Leal (Matias De Llano Elem., 5th grade), Kristyn Ramirez (Gutierrez Elem., 4th grade) and Patrick Carroll (St. Peter’s Memorial, 6th grade) for their time and dedication for the production of the Environmental Educational Video “It’s Up To Me and You” for the City of Laredo.

Mayor Flores and City Council recognized the students for dedicating their time to produce an environmental educational video. They presented each child with a Seven Flags Certificate of Recognition.

Riazul Mia, Environmental Services Director, expressed his gratitude to the children for dedicating their time to produce a video addressing environmental issues and to the Mayor and Council for their continued support for environmental issues. He noted that the newly produced video is twenty six minutes long and will be aired on the Public Access Channel and it will also be distributed to elementary schools in Laredo.

c. Recognition of Jonathan Leyendecker Swisher for being the youngest competitor to win

the Doc Novoa’s Golf Championship.

Motion to postpone for next meeting.

Moved: Cm. Valdez

Second: Cm. Belmares

For: 8 Against: 0 Abstain: 0

d. Recognition of Loryn Elysha Muñoz for competing in the National American Miss

Princess Pageant in Houston, Texas.

Mayor Flores and City Council presented Loryn Elysha Munoz with a Seven Flags Certificate for competing in the National American Miss Princess Pageant in Houston, Texas. She mentioned the different titles that Loryn Munoz received and noted that she brought home six different trophies from the event. She added that Loryn Munoz will be competing in the National Finals in California in November 2004. Loryn Elysha Munoz is the six year old daughter of Donna and Luis E. Munoz.

Communiqués

a. Presentation by Sylvia Bruni, Laredo Independent School District, regarding HOSTS

(Help One Student To Succeed) Program.

Ms. Bruni, Administrative Assistant for Special Projects for Laredo Independent School District, announced that Laredo Independent School District has adopted HOSTS (Help One Student to Succeed) which is a program that is nationally recognized. She said the program has proven to be very successful by getting mentors for children. The children are encouraged and praised by an adult that is not their teacher and that is the single element that distinguishes the phenomenal affect that the program has. Laredo Independent School District is looking for 3,000 volunteers for approximately 1,000 students. She encouraged the Mayor, Council, and the viewing public to take the time to HOSTS a child in the Laredo Independent School District.

Cm. Agredano thanked Oscar Medina, Public Works Director, and his department for distributing trash containers in District I, District II, and Santa Nino areas. He also wished his daughter, Francis Agredano a Happy Birthday.

Cm. Garcia congratulated Mayor Flores on her appointment by the President of the United States to the Board of Trustees for the Help America Vote Foundation. He also encouraged the public to support the youth of Laredo by attending the King & I which will be held at the United Independent School District Student Center. Finally, he explained that the organizers at the Laredo Entertainment Center are requesting approval from City Council to have a fireworks exhibit on Saturday, July 26, 2004; therefore, he requested a Special Call on Friday 28, 2004.

Cm. Galo congratulated Mayor Flores on her appointment to the Board of Trustees for the Help America Vote Foundation by President George W. Bush. He acknowledged that the Mayor is the only Texan serving on the Board. He noted that the Mayor’s networking in Washington and other areas has proven to be effective. He went on to say that he had attended a well organized hunting extravaganza at the Laredo Entertainment Center. He noted that the first class extravaganza was similar to the extravaganza that is held at the Joe Freeman Coliseum in San Antonio. He expressed his displeasure about an article which was printed in the Laredo Morning Times entitled “City Water Deal Going Sour”. He read the following statement:

“I was disgusted upon reading the article in Sunday on the Laredo Morning Times entitled “City Water Deal Going Sour”. The more I read the more upset I became. How can anyone belittle the savings of a million dollars? How can it be wrong to save tax payer and rate payer money? How can someone, let alone City staff, utter such a statement during this time of outrage over property evaluations? In the time of tight budgets; a time when the utility departments is asking for Council to un-restrict that savings so it can be used to improve old infrastructure; How can he have a gall? Then I looked at the byline and realized that Patricia Cortez wrote the article. I have known Beto Ramirez for some time and found it difficult to believe what I saw in print. When Mr. Ramirez took over for Mr. Roman as the Director of the Utilities Department, we were already studying privatization. Mr. Ramirez, with his budget background, was very helpful in identifying areas where savings could be achieved. In a short time he pushed the staff to be competitive with the private sector. Ultimately the transition was made and he had been administrating the contract. I remember when he called me and was eager to report that the Utilities Department was able to verify almost $1,000,000 in savings this budget year. Even after all the transitional cost which I believe we are at about a half a million dollars, there was possibly an additional one to five hundred thousand in savings in energy cost which is still under dispute. That is why this article seemed so strange to me. I still had to speak to Mr. Ramirez to make sure. Before I had a chance to call him, he called me. He said that he had spoken to the City Manager and the first question to him was “Do I still have a job?”. He assured both the City Manager and me that those were not his quotes and Ms. Patricia Cortez took his items out of context and even made things up. Having the same things happen to me on several occasions I tend to believe Mr. Ramirez. Ms. Cortez and the Laredo Morning Times like to write editorials instead of reports. The stories are usually skewed and filled with inaccuracies. It is a shame that they can’t just report the news. Why do they look at everything half empty instead of half full? Why put a negative spin or a false spin? Why not report the facts and let the people decide? Why does Ms. Cortez even write stories concerning the City while the City Manager is suing her individually? Why can’t Selina Alvarado, who is the City Beat Reporter, cover for now? Quit printing propaganda and report the facts. Why didn’t they report the news when the City got their approval for TxDOT Fifth Bridge Application? Why wasn’t it a front page story when it was done like for the County when they received their approval? I guess it is not news or not the news they wanted to hear. Why do they continue to place headlines about the City refusing to give Laredo Independent School District paper streets when the actual problem was that of park land designation? A simple law that prohibits public officials from giving away property that belongs to the people. My message to the local newspaper is quit trying to make up news just print the news. Print that the City has saved at least one million dollars not counting the several hundred thousand dollars in materials the City saved because United Water must pay the first fifteen thousand dollars on ever single repair before the City must contribute. In fact, United Water provided me with a copy on just three water breaks alone it was a total of $46,284.96 the City did not have to pay.”

Mayor Flores thanked Cm. Galo for expressing frustration that she and other Council endure by different articles published in the Laredo Morning Times. More specifically, she mentioned the article which misinformed the public about the City’s association with the Laredo Center of Arts. She also presented Cm. Amaya with the Certificate of Election which is presented to the Council Members once the election is canvassed.

Cm. Amaya thanked Mayor Flores, his family, the voters of District IV for supporting him in the 2004 City Council Elections. He expressed his desire to be an exemplary Council Member by working hard to meet the needs of District IV and the City of Laredo. He also thanked Rogelio Rivera, City Engineer, and John Orfila, Public Works Director, for the great work they did at the intersection of Springfield and Ash.

Cm. Rendon thanked John Orfila, Public Works, for resolving a complaint from a constituent in a timely manner.

Cm. Belmares thanked his constituents for being patient with him while he was on vacation and was not able to return their calls. He also congratulated Del Mar Little League for their success.

Cm. Valdez congratulated North West for their victory in the Little Leagues. He said that he hopes that both teams come back with a state championship title.

Cm. Ramirez encouraged all business owners along San Bernardo to attend an organizational meeting which was organized by the Convention and Visitor’s Bureau.

Mayor Flores said the City of Laredo had been selected by the Sister Cities International Organization to win the Best Program Award. The award was presented to the City by the granddaughter of the late President Dwight D. Eisenhower. Mayor Flores said that it was inspirational to see the work that she does with the different people and was impressed with her emphasis on the importance of Cities in the Untied States establishing relations with our Sister Cities all over the world. She added that Gustavo Guevara, Jr., City Secretary and Patricia Taylor, Assistant Director of the Convention and Visitor’s Bureau attended intensive programs at the conference which would assist them to enhance the City of Laredo’s Sister City International in future years.

Gustavo Guevara, Jr., City Secretary, said from the outcome of all the awards the City of Laredo competed for including arts, culture, and business economic development the City will begin looking at youth programs for next year. He noted that the majority of the sister cities had exceptional programs for the youth. He went on to say that he would be initiating bylaws to launch a youth program for the Laredo Program Sister Cities International. Students from all over the world expressed their enthusiasm at different workshops where they exchanged ideas for the Sister Cities International Program.

Mayor Flores asked Cm. Garcia to serve as the Council liaison to the Sister City Youth International staff. She emphasized the importance of staying involved with Sister Cities International.

VI. APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES

a. Appointment by Council Member Johnny Rendon of:

1. Roberto Mancha to the Vehicles for Hire Ad Hoc Committee

2. Jesus Hinojosa, III, to the Board of Adjustment

3. Michael Smith to the Telecommunications Advisory Committee

Motion to approve the appointments by Council Member Johnny Rendon:

Moved: Cm. Galo

Second: Cm. J. Valdez

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 150 acres, as further described by metes and bounds in attached Exhibit “A,” located west of Hwy 83, from R-1 (Single-Family Residential 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: Cm. 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. Garcia

Second: Mayor Pro Tempore Amaya

For: 8 Against: 0 Abstain: 0

Ordinance Introduction: Cm. Galo

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

City of Laredo by rezoning 39.6014 acres, as further described by metes and bounds in attached Exhibit “A,” located south of Hwy 359 and Las Blancas Subdivision, 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 approval of the proposed zone change.

Motion to open the public hearing.

Moved: Cm. Garcia

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

There was no public input.

Motion to close the public hearing and introduce.

Moved: Cm. Galo

Second: Mayor Pro Tempore Amaya

For: 8 Against: 0 Abstain: 0

Ordinance Introduction: Cm. Garcia

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

City of Laredo by rezoning Lot 6, Block 1093, Western Division, located at 4403 Santa Maria Avenue, from B-1 (Limited Commercial District) to B-3 (Community Business District); providing for publication and effective date. The Planning and Zoning Commission has recommended denial of the proposed zone change.

Motion to open the public hearing.

Moved: Cm. Galo

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

There was no public input.

Motion to close the public hearing and deny zone change request.

Moved: Cm. J. Valdez

Second: Cm. Belmares

For: 8 Against: 0 Abstain: 0

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

City of Laredo by authorizing a Conditional Use Permit for the long-term storage of hazardous materials (pool maintenance chemicals only) on Lot 22, Block 5, San Isidro Ranch East Point Center Subdivision, Unit 2, located at 801 Union Pacific Boulevard; providing for publication and effective date. The Planning and Zoning Commission has recommended approval of the Conditional Use Permit.

Motion to open the public hearing.

Moved: Cm. Garcia

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: Mayor Pro Tempore Amaya

For: 8 Against: 0 Abstain: 0

Ordinance Introduction: Cm. Belmares

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

City of Laredo by rezoning Lot 1, Block 60, Calton Gardens Subdivision No. 2, located one block west of Marcella Avenue and one block north of Calton Road from B-1 (Limited Commercial District) to R-3 (Mixed 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: Cm. Garcia

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

There was no public input.

Motion to close the public hearing and introduce.

Moved: Cm. Rendon

Second: Mayor Pro Tempore Amaya

For: 8 Against: 0 Abstain: 0

Ordinance Introduction: Cm. Rendon

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

City of Laredo by rezoning Lot 4B, Block 352, Western Division, located at 1711 San Dario Avenue, from B-1 (Limited Commercial District) to B-3 (Community Business District); providing for publication and effective date. The Planning and Zoning Commission has recommended denial of the proposed zone change.

Motion to open the public hearing.

Moved: Cm. Galo

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

Rosa Hernandez appeared before Council to request approval of the zone change for a used car lot.

Motion to close the public hearing and deny the zone change request.

Moved: Cm. Ramirez

Second: Cm. Garcia

For: 8 Against: 0 Abstain: 0

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 $70,000.00 from the Texas Commission on Environmental Quality (TCEQ) to continue the operation of the two continuous air monitoring stations (CAMS) by the City of Laredo Health Department for the contract period beginning September 1, 2004, through August 31, 2005. One of the CAMS is located at Laredo Community College on the northeast side of the campus, and the second CAMS is located at Juarez-Lincoln International Bridge #2.

Motion to open the public hearing.

Moved: Cm. 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. Agredano

Second: Cm. Garcia

For: 8 Against: 0 Abstain: 0

Ordinance Introduction: City Council

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

full-time equivalent positions for the City of Laredo Health Department’s Women, Infants, and Children (WIC) Program from 83 to 86 by creating three full-time Nutrition Aide positions. Funding is available in the program grant.

Motion to open the public hearing.

Moved: Cm. Garcia

Second: Mayor Pro Tempore Amaya

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: Abstain:

Ordinance Introduction: City Council

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

full-time equivalent positions by reclassifying nine (9) firefighters to the positions of three (3) captains, three (3) drivers and three (3) assistant drivers to activate aerial truck #3 for fire station #12 located at 9402 N.E. Bob Bullock Loop. Funding for these positions is available in the Fire Department’s operating budget in the amount of $20,133.09.

Motion to open the public hearing.

Moved: Cm. Garcia

Second: Mayor Pro Tempore Amaya

For: 8 Against: 0 Abstain: 0

There was no public input.

Motion to close the public hearing and introduce.

Moved: Cm. Valdez

Second: Mayor Pro Tempore Amaya

For: 8 Against: 0 Abstain: 0

Ordinance Introduction: City Council

10. Public hearing and introductory ordinance amending the FY 2003-2004 annual budget

in the amount of $1,141,000.00 to fund the 2002-2005 Universal Hiring COPS Grant from United States Department of Justice, Community Oriented Policing Services. The purpose of this grant is to hire 15 Patrol Officer Cadets for a three-year funding period of the “Universal Hiring” program beginning August 1, 2002 through July 31, 2005. The Department of Justice will contribute $1,125,000.00 and the City of Laredo will contribute $1,216,770.00 in matching funds in the (3) three year grant period for a total grant amount of $2,341,770.00. The City of Laredo 2003-2004 full-time equivalents will be amended by the addition of fifteen (15) Grade 71 Cadet Police Officers.

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. Valdez

For: 8 Against: Abstain:

Ordinance Introduction: City Council