CITY OF LAREDO

CITY COUNCIL MEETING

M2005-R-04

CITY COUNCIL CHAMBERS

1110 HOUSTON STREET

LAREDO, TEXAS 78040

February 22, 2005

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, Council Member, District III

Johnny Amaya, Mayor Pro Tem, 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 December 20, 2004 and January 10, 2005.

Motion to approve.

Moved: Cm. Ramirez

Second: Mayor Pro Tem Amaya

For: 7 Against: 0 Abstain: 0

Cm. Agredano was not present.

V. COMMUNICATIONS AND RECOGNITIONS

Announcements

John Castro, on behalf of Students in Democratic Action, stated that he has come before the City Council to address an inquiry for a possible investigation conducted by the City Council as defined by the City Charter. He stated that there is a sergeant within the Laredo Police Department, Luis Tinajero, Sr. who had been suspended for 30 days from the police department without pay. He explained that the reason he was suspended was based upon a violation of his off-duty employment with Texas A & M International University. He was told that this was a violation of the Civil Service Commission regulations. He reported that he has been employed by Laredo Community College as well as Texas A & M International University since 1997. However, shortly after he approached City Council about an alleged scandal within the police department involving police records and certain chiropractors, he was suspended from the department.

John Castro stated that he wanted to make this information known to make the public aware of what is going on because he feels that Sgt. Tinajero’s relations with certain top officials within the police department were harmed by this. Certain top officials within the department found out about his complaints and his trying to enforce justice within the department and this is why he was suspended and is now being targeted for termination. According to John Castro, Sgt. Tinajero has attempted to contact every single Council Member of which he only received a response from two of them. John Castro further stated that his organization supports Sgt. Tinajero. He also mentioned that Sgt. Tinajero is no longer employed with Texas A & M International University and this decision upset a lot of people at Texas A & M International University. John Castro commented that this action has greatly damaged the credibility of the Laredo Police Department and our city government. He added that this is making even certain professors from the university speak out in their classrooms against certain officials within the police department. John Castro stated that he feels it is incumbent upon the City Council to take action on this issue.

On the second issue that Mr. Castro had been scheduled to present, he mentioned that it involved the campaign for a civil service system. He mentioned that the City is failing in educating the public on important ideas or issues. He submitted a copy to the City Secretary of the Laredo Civil Service System City Charter Amendment and requested that copies be made and distributed to the City Council. He mentioned that consideration by City Council of a civil service system is about efficiency within the local government. He mentioned that he has set up a website Laredo-liberty.org for information on the civil service campaign. He explained that a civil service system, also known as a merit system, is a recruitment method that hires and promotes employees based on their education, training and competency to perform specific jobs. Once this charter amendment is passed by City Council or approved by the voters at a special city election, City employees would be protected from unjustified removal but could still be fired for inadequate performance.

He explained that the first civil service system was established in New York in 1883. In the past, machine bosses relied on patronage to keep themselves in power. Today, the obvious antidote for this is the civil service system. It is inconceivable, from his point of view, that partisanship should have anything to do with the delivery of public services. He pointed out that government hiring and promotion should be based on education, skills, training and relevant work experience. The machine politicians, however, believe that partisanship and political loyalties have a great deal to do with the delivery of services. Machine politicians claim that someone with no formal education but many years of work experience can perform their job better than a college educated person with a degree but limited work experience. He added that under the civil service system, preference would be given to a college educated person. While on the day-to-day basis, it may seem as though the more experienced but less educated person can perform better, the college educated person is much more reliable when critical situations emerge that require that person to deal with highly technical issues. An experienced worker only has an understanding of the basic foundations and functions of their job with only a few specifics while a college educated person is educated and trained to deal with any and all possible situations that may emerge in times of administrative, economic, and national crises. He concluded that he will wait for the next City Council meeting to make a formal presentation on this campaign. He stated that he would request that the City Council place this item on the next agenda for discussion and possible action to allow him, or a representative of the Laredo Civil Service campaign, the opportunity to make a more elaborate presentation.

Cm. Garcia thanked his friends and extended family for their prayers and condolences following the loss of his mother. He also congratulated the twelve officers who were sworn in recently to the Laredo Police Department.

Cm. Galo extended his condolences to the Garcia Family and Cm. Garcia for the loss of his mother. The WBCA festivities went very well this past weekend. He mentioned that there was a great article covering the Society of Martha Washington events in the New York Times. He added that the fireworks display was outstanding and he mentioned that this event gets better every year.

Mayor Pro Tem Amaya extended his sympathies to Cm. Garcia and his family. He also mentioned that he attended several of the WBCA events this past weekend and gave praises to the WBCA organizers for the great work done. He extended his appreciation to Rogelio Rivera, John Orfila, and staff for the great job that Public Works continues to do on their projects especially the Springfield widening project.

Cm. Rendon stated that the City of Laredo had a great week. He mentioned that he attended several of the WBCA events and other festivities which were very well attended.

Cm. Belmares congratulated Tom Gates of the WBCA organization and all the auxiliary organizations for the phenomenal work done to put all the events together. He mentioned that they always do a great job and this year the festivities were even better. He also thanked the Laredo Police Department, the Laredo Fire Department, and the Public Works Department for the hard work they do to make sure the events run smoothly.

Cm. J. Valdez, Jr. congratulated all the city departments and WBCA event organizers for the hard work they do to put these festivities together.

Cm. Ramirez thanked everyone involved in putting together this big celebration and applauded everyone’s hard work in making it a great success. He commended Roberto Murillo, Traffic Director, who was checking the traffic flow along Jefferson Street for the parade route. He also extended birthday greetings to his sister, Margie Ibarra, Webb County Clerk.

Cm. Agredano mentioned the different festivities held around the city that he had attended during the WBCA celebration. He expressed his appreciation to Roy Garcia, Community Development Code Enforcement Officer, for his assistance with graffiti problems in District I. He stated that he enlisted Mr. Garcia’s help who responded quickly and had the entire wall repainted within one to two days. He mentioned that the citizens need to take care of and take pride in their districts and avoid this type of vandalism.

Mayor Flores congratulated Tom Gates and all the volunteers of the WBCA organization for the hard work done in the preparations for all of the events. She mentioned that in spite of the bad weather, the city had two wonderful parades and the participants had a good time. She stated that the fireworks display was spectacular and the air show was unbelievable. She also thanked Sen. Kay Bailey Hutchinson for her attendance and hopes that she continues to support Laredo in her capacity in Congress. She also thanked Texas A & M International University and Officer Salinas who invited her to attend a farewell event for the members of Bravo Company who are going to be deployed to Afghanistan.

Invitations

Cm. Garcia extended an invitation for everyone to attend the Border Olympics events that begin this weekend. He mentioned that there will be over 170 teams and over 2,000 athletes coming in from different parts of the state.

Recognitions

a. Recognition of Blanca Gonzalez, of the Health Department, on her selection as January

2005 Employee of the Month.

Santos Navarrette, Assistant Health Director, stated that Ms. Gonzalez has been in public service for nine years and has been assigned to the Health Department for two years. He mentioned that she provides over 40,000 immunizations in the community throughout the year. She is in charge of an extended evening program which allows the Health Department to see people from the community after 7:00 p.m. For the past two years, she has partnered with the school districts to provide immunizations to the school children before the school year starts. Ms. Gonzalez is also the lead investigator for the vaccine preventable diseases within the community. Mr. Navarrette added that Ms. Gonzalez was also instrumental in developing the core values for the department that were adopted following the Strategic Planning Meeting. He stated that Ms. Gonzalez epitomizes the professionalism and integrity that every employee should strive for as a public servant with the City of Laredo.

Mayor Flores and the City Council presented Ms. Gonzalez with a Certificate of Recognition for her selection as Employee of the Month.

b. Presentation by City of Laredo Parks and Recreation Department recognizing the

winners of the Mayor’s Cup Tournament held on January 21-22, 2005.

Miguel Pescador, Parks and Recreation Department, stated that over 200 employees participated at the two-day event. He reported that they were able to raise over $1,800.00 for the American Red Cross Tsunami Victims’ Relief Fund. He presented the winning teams of the three divisions:

Division C 2^nd Place Blue Devils (Health Department)

1^st Place Dare Devils (Administrative Services/Risk

Management)

Division B 2^nd Place Traffic Department

1^st Place Bridge System

Division A 2^nd Place United Water

1^st Place Fire Department

c. Presentation of the Club Charter by Harry S. Truman, District Governor of Toastmasters

International, District 55, to the City of Laredo Toastmasters Club.

Mr. Truman stated that this is an international organization with over 10,000 clubs in 99 countries. He mentioned that the objective of Toastmasters is to develop people who have effective skills in public speaking, listening, and organization for running meetings. He was invited to come down to Laredo to conduct a demonstration meeting on Toastmasters. He mentioned that with the benefit and support of Jerry Elizondo,

the City has a wonderful training leadership course that has been ongoing since October. He also added that the City has some wonderful mentors and sponsors in Clema Owen and Joe Moreno. He went on to present the Toastmasters Club Charter for the City of Laredo Club to Joe Moreno, Toastmasters Club President.

d. Recognition of the Farias Elementary 2nd Grade Basketball Team for winning the City

Championship in their age group.

Mayor Flores and City Council presented a Seven Flags Certificate of Recognition to the following:

Coach Sonia Ruano Esteban Diaz de Leon

Assistant Coach Reynaldo Diaz John Corpus

Assistant Coach Samuel Diaz Jessica Marin

Humberto Sanchez Randy Martinez

Hector Mendez Jose Luis Palomo

Anthony Morales Kevin Salazar

Reynaldo Diaz, IV Cristina Diaz

e. Recognition of Donato Ramos Jr., Phillip Wright, Roberto Arredondo and Mauro

Sandoval Jr. for their dedication and time spent as volunteers in Midnight Basketball, a joint venture and one of many programs offered by the City of Laredo Parks and Recreation Department.

Mayor Flores stated that these individuals accepted to volunteer their time from 10:00 p.m. to 2:00 a.m. on Friday nights at the Tarver Recreation Center. Midnight Basketball is sponsored by the local Weed & Seed Steering Committee, which includes the U. S. Border Patrol, the Laredo Police Department, Parks and Recreation Department, Laredo Crimestoppers, the Laredo Housing Authority, the Diocese of Laredo, S.C.A.N., the National Guard, and the United States Attorneys Office. She explained that this program was developed to promote law enforcement visibility and to reduce juvenile crime. The goal of the program is to keep youth away from gangs and trouble by providing them with an enjoyable alternative: basketball. She added that this program offers the youth the opportunity to learn teamwork, encourage sportsmanship, build friendships, and provide worthy role models. The Parks and Recreation Advisory Board recognized the positive impact that this program has had on the youth of Laredo and recommended that City Council recognize these individuals for their community involvement.

Communiqués

a. Mayor Elizabeth G. Flores reports on the City of Laredo Community Development

Department.

Mayor Flores reported that one of the top priorities when they travel to Washington, D.C., will be to work to restore the CDBG funding for the City of Laredo. She reported that the CDBG budgeted funds totaled $4,407,000.00; HOME budgeted funds totaled $1,454,026.00; ESG budgeted funds totaled $150,000.00; and LMHC budgeted funds totaled 41,332,230.00. Mayor Flores mentioned that the HOME program provided down payment assistance to 133 households for a total of $713,537.32. She explained that if these funds were to be cut, the City would not be able to assist 133 families next year. The average home purchase price that these families had to pay is $94,000.00. The City also provided tenant-based rental assistance for 100 elderly citizens for a total of $324,00.00. She reported that the City of Laredo has also assisted the Azteca Economic Development Corporation with $218,104.00 in CHDO funds which they use to build affordable homes. The Housing Rehabilitation Program rehabilitated 33 owner-occupied homes utilizing $388,312.00 in funding. She mentioned that the CDBG funds subsidize projects such as the community centers and local parks within our community. The Community Action Agency, Bethany House, local homeless shelters, and Sacred Heart Children’s Home also benefit from ESG funding assistance. She explained that Community Development also handles code enforcement issues which include clean-up campaigns and graffiti removal throughout the city. The Laredo Municipal Housing Corporation manages a total of 306 two-, three-, and four-bedroom rental units. She stated that the Community Development Department is a very significant department because the federal dollars that the City gets back are the tax dollars that the Community Development department utilizes throughout the year. She added that the City will do everything in its power to fight for and bring back those funds to the City of Laredo. She congratulated Erasmo Villarreal, Community Development Director, and his staff for the fine job that they do for the citizens of Laredo.

VI. APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES

a. Appointment by Cm Jose Valdez of Javier De Anda to the Library Advisory Committee.

Motion to approve the appointment by Cm. Jose Valdez of Javier De Anda to the Library Advisory Committee.

Moved: Cm. Galo

Second: Cm. J. Valdez, Jr.

For: 8 Against: 0 Abstain: 0

b. Appointment by Cm Jose Valdez of Norberto Romero III to the Citizens Environmental

Advisory Committee.

Motion to approve the appointment by Cm. Jose Valdez of Norberto Romero III to the Citizens Environmental Advisory Committee.

Moved: Cm. Galo

Second: Cm. Ramirez

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 all of Block 488, Western Division, located at the 1100 block of San Ignacio Ave., from M-1 (Light Manufacturing 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. Galo

Second: Cm. Belmares

For: 8 Against: 0 Abstain: 0

Larry Dovalina, City Manager, stated that the City Manager’s Office has a very strong concern that they are taking M-1 zones along railroad tracks. He mentioned that this property line is about 15 feet from the Union Pacific main track. He stated that if there is support to re-zone, he suggests that it be done in such a way to provide for multi-family housing and not for single-family housing or mobile home housing which would be more dangerous. He would suggest to mitigate it in such a way as to allow for R-2 zoning because then one could build a compound with its back to the railroad tracks without allowing children to get into the tracks and getting struck by a train.

Cm. Belmares mentioned that the City will be facing similar situations in the future like they do now at the airport. He expressed his concern that federal agencies that the City petitions in Washington, D.C. will look down at Laredo and question these decisions and will not fund the City any further.

Keith Selman, City Planner, stated that as per the conditional use permit ordinance, the City is not allowed to go to a more restrictive activity in a less restrictive zone, therefore, the conditional use permit recommendation is not an option.

Motion to close the public hearing, postpone and sent it back to Planning & Zoning for recommendations from staff.

Moved: Cm. Ramirez

Second: Cm. Belmares

For: 8 Against: 0 Abstain: 0

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

City of Laredo by authorizing a Conditional Use Permit for three detached condominiums on Lot 8, Block 1, Los Pinos Subdivision, located at 3451 Pine Street; providing for publication and effective date. The Planning and Zoning Commission has recommended denial of the proposed Conditional Use Permit.

Motion to open the public hearing.

Moved: Cm. Belmares

Second: Cm. J. Valdez, Jr.

For: 8 Against: 0 Abstain: 0

Mr. Ron Whitehawk, representing the applicant, stated that the lots in question are peculiar in shape. He mentioned that with the peculiar shape of the lots and the current zoning designation, it will only allow for a one single-family home on the property. The applicant is requesting a conditional use permit to allow for the construction of three single-family homes in a condominium regime. The applicant would also accommodate for a 24-foot wide driveway along the property and would also place a wall around the property to separate this property from the residential property adjoining to the west. He mentioned that the property is now owned by Prada Construction, LLC and requests that if the City Council approves the conditional use permit, that it be issued to Prada Construction, LLC with the existing provision that they could transfer ownership to those individuals who would be purchasing the property.

Cm. Agredano stated that he would like for Ron Whitehawk and the developers to get together with Keith Selman and go over the new site plan that has been submitted.

Motion to close the public hearing and postpone for the next meeting in March.

Moved: Cm. Agredano

Second: Mayor Pro Tem Amaya

For: 8 Against: 0 Abstain: 0

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

City of Laredo by rezoning Lot 6 and the eastern ½ of Lot 8, Block 178, Western Division, located at 1015 San Dario Avenue and 609 Washington Street, from B-1 (Limited Commercial District) to B-4 (Highway Commercial 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. Garcia

For: 8 Against: 0 Abstain: 0

Mr. Ron Whitehawk, spoke on behalf of the property owner. He mentioned that this property is on the access road off of San Dario Avenue. He stated that over the last five years, the office building there has been used as a nationalization for vehicles. There is also a large parking area behind said building. The applicant recognizes that the City Council would prefer not to have this type of nationalization business in the downtown area. Therefore, he is requesting that the applicant be allowed to amend the application from a B-4 designation to a B-3 designation which would not allow for such a business to operate at that location.

Cm. Ramirez requested that Keith Selman, City Planner, explain what the possible uses might be in a B-3 designation.

Keith Selman, City Planner, stated that a B-3 would allow for a car wash business or a used car lot business.

Motion to close the public hearing, override Planning and Zoning Commission and introduce as a B-3.

Moved: Cm. Ramirez

Second: Cm. Galo

For: 8 Against: 0 Abstain: 0

Ordinance Introduction: Cm. Ramirez

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

City of Laredo by rezoning 0.50 acres, as further described by metes and bounds in attached Exhibit “A”, located west of Hwy 83 and south of Riverhill Loop, from R-2 (Multi-Family Residential District) to B-4 (Highway Commercial 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. Rendon

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 Tem Amaya

For: 8 Against: 0 Abstain: 0

Ordinance Introduction: Cm. Galo

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

City of Laredo by rezoning 9.85 acres, as further described by metes and bounds in attached Exhibit “A”, located south of Ranchway Drive, from R-2 (Multi-Family Residential District) with a Special Use Permit 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. Belmares

Second: Mayor Pro Tem 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. J. Valdez, Jr.

For: 8 Against: 0 Abstain: 0

Ordinance Introduction: Cm. Belmares

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

City of Laredo by rezoning Lot 1, Block 9, Santa Rita IX Subdivision, located at Soria Drive and Hwy 83, from R-2 (Multi-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: Mayor Pro Tem Amaya

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 Tem Amaya

For: 8 Against: 0 Abstain: 0

Ordinance Introduction: Cm. Galo

7. Public hearing and introductory ordinance amending the FY 2004 – 2005 Airport Budget

by increasing revenues and expenditures in the amount of $29,688.00 and amending the Full-Time Equivalent (FTE) positions by one (1) additional Air Traffic controller effective April 1, 2005, subject to the Federal Aviation Administration agreeing to reimburse the City of Laredo for the cost of this position and authorizing the City Manager to submit an amended proposal to the Federal Aviation Administration for purposes of reimbursement to the City of Laredo for the cost of operating the Air Traffic Control Tower at the Laredo International Airport, and authorizing the City Manager to implement said budget amendment; providing for an effective date.

Motion to open the public hearing.

Moved: Cm. Galo

Second: Mayor Pro Tem Amaya

For: 8 Against: 0 Abstain: 0

There was no public input.