CITY OF LAREDO
CITY COUNCIL MEETING
CITY COUNCIL CHAMBERS
1110 HOUSTON STREET
LAREDO, TEXAS
5:30 P.M.
MINUTES
M-97-R-18 MAY 27, 1997
I. CALL TO ORDER
With a quorum present Mayor Saul N. Ramirez, Jr. called the meeting to
order.
II. PLEDGE OF ALLEGIANCE
Mayor Saul N. Ramirez, Jr. led in the Pledge of Allegiance.
III. ROLL CALL
IN ATTENDANCE:
SAUL N. RAMIREZ, JR., MAYOR
JOSE R. PEREZ, COUNCILMEMBER, DISTRICT I
LOUIS H. BRUNI, " , DISTRICT II
ALFONSO I. "PONCHO" CASSO, " , DISTRICT III
CECILIA MAY MORENO, " , DISTRICT IV
ELISEO VALDEZ, " , DISTRICT V
JOE A. GUERRA, " , DISTRICT VI
MARIO GEORGE ALVARADO, " , DISTRICT VII
CONSUELO MONTALVO, " , DISTRICT VIII
GUSTAVO GUEVARA, JR., CITY SECRETARY
FLORENCIO PENA, CITY MANAGER
JAIME L. FLORES, CITY ATTORNEY
IV. FINAL READINGS
Motion to waive the final reading of ordinances #97-O-108, #97-O-109,
#97-O-110, #97-O-111, #97-O-112, #97-O-113, #97-O-114, #97-O-115,
#97-O-115, #97-O-116, #97-O-117, and #97-O-118.
Moved : Cm. Perez
Second: Cm. Valdez
For: 6 Against: 0 Abstain: 0
(Cm. Casso and Cw. Moreno were not present.)
2. 97-O-108 Ordinance authorizing the City Manager to execute all
necessary documents to effectively convey fee simple
title to Mr. Gilbert Narvaez and wife Diana G. Narvaez
for the sale at fair market value of "The Surface Only"
of certain property described as being a tract of land
containing 0.17715 of an acre (7,716.73 square feet) more
or less, being out of the southerly 138.89' x 55.56' of
Lot 4-A, Block 1980 formerly known as the south half
section of the 2000 block of S. Smith Avenue between
Chestnut and Vicente Streets situated in the Eastern
Division, City of Laredo, Webb County, Texas, and
providing for effective date. (City Council)
Motion to approve Ordinance #97-O-108.
Moved : Cm. Perez
Second: Cm. Valdez
For: 6 Against: 0 Abstain: 0
3. 97-O-109 Ordinance closing as a public easement those sections of:
A. South Buena Vista between Chacota and Tinaja Streets,
also known as the 2600 block of South Buena Vista
Avenue;
B. Chacota Street between South Buena Vista and Tapeyste
Avenues, also; known as the 1800 block of Chacota
Street, situated in the Eastern Division, and
providing for an effective date. (City Council)
Motion to approve Ordinance #97-O-109.
Moved : Cm. Perez
Second: Cm. Valdez
For: 6 Against: 0 Abstain: 0
4. 97-O-110 Ordinance authorizing the City Manager to execute all
necessary documents to effectively convey title to a
0.2253 acre tract of land and a 0.2343 acre tract of land
to Gateway Centennial Development Co. Inc., and
Northtown Development Co. Inc., in accordance with the
terms of the agreement approved by Resolution No.91-R-067
dated August 14, 1991. Said properties were to be
reconveyed to the grantors in the event that the City of
Laredo was unable to meet the mutually agreed-upon
deadline date for acquisition of the necessary right-of-
way for the project. Said tracts being situated in North
Creek Plaza Subdivision, Webb County, Texas, and
providing for effective date. (As Amended) (Joe A.Guerra)
Motion to approve Ordinance #97-O-110.
Moved : Cm. Perez
Second: Cm. Valdez
For: 6 Against: 0 Abstain: 0
5. 97-O-111 Ordinance authorizing the City Manager to execute all
necessary documents to effectively convey the "Surface
Only" of an approximately 0.556 acre tract of land,
(approximately 24,224 square feet) out of a 1.0 acre
tract of land out of Block 1, Don Rey of Texas, Inc., as
per plat recorded in Volume 5, page 82 of the plat
records of Webb County, Texas, with improvements located
at 202 West Del Mar Boulevard (formerly the Dairy Queen
Restaurant), to Gateway Centennial Development Company,
Inc., and Northtown Development Company, Inc., as
described in "Exhibits A" and providing for an effective
date. A total of four proposals were received for this
purchase. Said property being sold to the highest bidder
as accepted by the Laredo City Council pursuant to public
sale of the property on May 19, 1997. (Joe A. Guerra)
Motion to approve Ordinance #97-O-111.
Moved : Cm. Perez
Second: Cm. Valdez
For: 6 Against: 0 Abstain: 0
6. 97-O-112 Ordinance adopting a annual budget for the new fund,
Friends of the Library Trust Fund for a donation by the
Friends of the Library, Laredo, Texas, Inc. in the amount
of $125,000.00 to be used for enhancements for the New
Main Library. (City Council)
Motion to approve Ordinance #97-O-112.
Moved : Cm. Perez
Second: Cm. Valdez
For: 6 Against: 0 Abstain: 0
7. 97-O-113 Ordinance amending the City of Laredo FY 1996-97 Annual
Budget to increase the revenues by an amount of
$1,890,990.00 received from Federal Aviation
Administration Grant Offer No. 3-48-0136-19-97 and
from an amendment to Grant Offer No. 3-48-0136-18-96 and
appropriating $2,111,101.00 comprising of the
$1,890,990.00 in grants received plus the local match of
$211,111.00 to the Airport Capital Outlay/Improvements
other than Buildings account for the purpose of
constructing the access road and parking lot to the new
airport passenger terminal. The local match is available
in the Airport new passenger terminal reserve account
line item. (Louis H. Bruni)
Motion to approve Ordinance #97-O-113.
Moved : Cm. Perez
Second: Cm. Valdez
For: 6 Against: 0 Abstain: 0
Motion instructing staff to bring back to council a
status report at the next meeting on naming the entrance
to the new airport terminal 'Gust'.
Moved : Cm. Guerra
Second: Cm. Alvarado
For: 6 Against: 0 Abstain: 0
8. 97-O-114 Ordinance amending Ordinance No. 92-O-021 authorizing the
Health Department to increase the fee from $5.00 to
$10.00 per person who are not health department patients
for phlebotomy services at the Health Department
Laboratory; and providing for publication and effective
date. (City Council)
Motion to approve Ordinance #97-O-114.
Moved : Cm. Perez
Second: Cm. Valdez
For: 6 Against: 0 Abstain: 0
9. 97-O-115 Ordinance approving an amendment to the contract with the
Texas Department of Health for a budget revision for
additional funds for a total of $1,880.00 and extending
the terms of the Border Area Survey of the City of Laredo
Health Department for the period beginning September 1,
1996 through July 31, 1997. (City Council)
Motion to approve Ordinance #97-O-115.
Moved : Cm. Perez
Second: Cm. Valdez
For: 6 Against: 0 Abstain: 0
10. 97-O-116 Ordinance amending Ordinance No. 94-O-208 with a revised
fee schedule and sliding fee scale for the Child Dental
Health Clinic of the City of Laredo Health Department;
and providing for effective date and publication.
(City Council)
Motion to approve Ordinance #97-O-116.
Moved : Cm. Perez
Second: Cm. Valdez
For: 6 Against: 0 Abstain: 0
11. 97-O-117 Ordinance amending Ordinance No. 90-O-179 to revise the
fee schedule for clinical services for the primary Health
Care Services (La Familia) Program and the Adult
Health/Chronic Disease Prevention (Buena Vida) Program of
the City of Laredo Health Department, providing for
effective date and publication. (City Council)
Motion to approve Ordinance #97-O-117.
Moved : Cm. Perez
Second: Cm. Valdez
For: 6 Against: 0 Abstain: 0
12. 97-O-118 Ordinance to amend the City of Laredo's 1996-97 Annual
Budget by increasing the Drainage Fund revenues and
expenditures by $225,172.00 and authorizing the City
Manager to implement said budget. The increase of
$225,172.00 in revenues and expenditures in the Drainage
Fund is needed to complete funding for the construction
contract of the Santa Maria Avenue Drainage Improvements
between Del Mar Boulevard and Markley Lane.
(Mario G. Alvarado)
Motion to approve Ordinance #97-O-118.
Moved : Cm. Perez
Second: Cm. Valdez
For: 6 Against: 0 Abstain: 0
V. RESOLUTIONS
13. 97-R-056 Adopting the list of capital improvement projects to be
submitted to the South Texas Development Council (STDC)
for incorporation in the Overall Economic Development
Program Plan (OEDP) to be provided to the U.S. Depart-
ment of Commerce, Economic Development Administration
(EDA) for potential funding consideration and authorizing
the City Manager to submit a follow-up grant application
as may be directed by EDA. Projects named include:
1. The Airport Redevelopment Project
2. El Portal Riverfront Development Project
3. The Extension of a 16" Diameter main on F.M. 1472
(Mines Road) and Supporting 5 Million Gallon Water
Storage Tank and Booster Station Project
4. The Extension of 16" Waterline from Larga Vista to
the Fire Fighting Training Facility Project.
Motion to approve Resolution #97-R-056.
Moved : Cm. Perez
Second: Cm. Valdez
For: 6 Against: 0 Abstain: 0
14. 97-R-057 Accepting the donation of nine parcels of land as utility
easements for construction of the San Salvador/
Pine/Chestnut drainage improvements project said parcels
being located in the Eastern Division of the City of
Laredo, Webb County, Texas and said nine parcels of land
being further described as:
Parcel 1 - A 1,951.14 square feet tract of land, more or
less, being out of and a part of the South 92.89 feet of
Lot Number 6, Block Number 1919, Eastern Division, as per
the City of Laredo original land grant, recorded in
Volume 7, Page 15, plat records of Webb County, Texas;
Parcel 2 - A 4,106.05 square feet tract of land, more or
less, being out of and a part of Lot Number 7, Block
Number 1919, Eastern Division, as per the City of Laredo
original land grant, recorded in Volume 7, Page 15, plat
records of Webb County, Texas;
Parcel 3 - A 468.35 square feet tract of land, more or
less, being out of and a part of the North 46 feet of Lot
Number 6, Block Number 1919, Eastern Division, as per the
City of Laredo original land grant, recorded in Volume 7,
Page 15 plat records of Webb County, Texas;
Parcel 4 - A 288.52. square feet tract of land, more or
less, being out of and a part of Lot Number 3, Block
Number 1919, Eastern Division, as per the City of Laredo
original land grant, recorded in Volume 7, Page 15, plat
records of Webb County, Texas;
Parcel 5 - A 3,820.95 square feet tract of land, more or
less, being out of and a part of the East 2/3 of Lot
Number 2, Block Number 1919, Eastern Division, as per the
City of Laredo original land grant, recorded in Volume 7,
Page 15, plat records of Webb County, Texas;
Parcel 6 - A 3,194.63.14 square feet tract of land, more
or less, being out of and a part of Lot Number 1 and the
West 1/3 of Lot Number 2, Block Number 1919, Eastern
Division, as per the City of Laredo original land grant,
recorded in Volume 7, Page 15, plat records of Webb
County, Texas;
Parcel 7 - A 730.97 square feet tract of land, more or
less, being out of and a part of Lot Number 12, Block
Number 1920, Eastern Division, as per the City of Laredo
original land grant, recorded in Volume 7, Page 15, plat
records of Webb County, Texas;
Parcel 8 - A 618.67 square feet tract of land, more or
less, being out of and a part of the West 46.29 feet of
Lot Number 6, Block Number 1887, Eastern Division, as per
the City of Laredo original land grant, recorded in
Volume 7, Page 15, plat records of Webb County, Texas;
Parcel 9 - A 974.48 square feet tract of land, more or
less, being out of and a part of a property comprised of
Lot Numbers 4, 5, and 6, Block Number 1886-A, Eastern
Division, as per the City of Laredo original land grant,
recorded in Volume 7, Page 14, plat records of Webb
County, Texas; further described by metes and bounds.
Erasmo Villarreal, Assistant Community Development
Director, stated that they received a letter from
Sigifredo Perez, III attorney for Mrs. Ardith A. Epstein
advising them that she was in Florida and assured him
that she will sign the necessary easement agreement upon
her arrival.
Motion to approve Resolution #97-R-057 subject to the
signing of the easement agreement by Mrs. Ardith A.
Epstein.
Moved : Cm. Perez
Second: Cm. Alvarado
For: 6 Against: 0 Abstain: 0
VI. MOTIONS
15. Authorization to advertise for Request for Proposals (RFPs) for
consulting services to prepare an engineering preliminary survey
and a survey of final improvements for 50 single family dwellings
of affordable housing for low and moderate income applicants for
Los Obispos Affordable Housing Project Phase I, located on Block 2,
Lots 1-50 at Los Obispos Subdivision, Unit V.
Motion to approve.
Moved : Cm. Perez
Second: Cw. Montalvo
For: 6 Against: 0 Abstain: 0
16. Authorization the line item transfer of Community Development Block
Grant Funds from the Azteca Neighborhood Wastewater Improvements
Project fund balance of $54,966.18 to the Santo Nino Wastewater
Improvement Project for the construction of a 12" wastewater
trunkline of approximately 3,500 linear feet and authorizing the
City Manager to advertise the Request for Proposals from qualified
engineers for the design of this sewer line. This project will
design a 12" wastewater trunk line that will help relieve the
existing 10" wastewater line on Santa Clara Street that carries
wastewater from a wide area in the Santo Nino and Las Americas
neighborhoods.
Motion to approve.
Moved : Cm. Perez
Second: Cw. Montalvo
For: 6 Against: 0 Abstain: 0
17. Award of a construction contract to the SOLE BIDDER, Ramex
Construction Company, Houston, Texas, in the amount of $908,136.00
for the San Salvador/Pine/Chestnut Drainage Improvements. Funding
is available from Community Development Department monies.
Contract time is 130 working days. This item was tabled at the
5/19/97 City Council meeting as a result of easement acquisition
concerns. These have been taken care of and the project is ready
to move forward.
Motion to approve.
Moved : Cm. Perez
Second: Cw. Montalvo
For: 6 Against: 0 Abstain: 0
18. Award of contract to the LOW BIDDER MEETING SPECIFICATIONS, Simon
Ladder Towers, Inc., Epharate, PA., in the amount of $494,053.00,
for the purchase of an aerial fire truck. This truck will be a
replacement for a 1974 model aerial truck. The truck will be
equipped with a 100 foot aerial apparatus, a 2,000 gpm (gallons per
minute) fire pump, and a 300 gallon water tank. The unit will be
ready for delivery within thirty to sixty days. Funding is
available from contractual obligation bond monies.
Motion to approve.
Moved : Cm. Perez
Second: Cm. Bruni
For: 6 Against: 0 Abstain: 0
19. Approval of change order no. 1, an increase of $11,027.08 to the
construction contract with Cutler Repaving Inc. to add per City
Council Action on May 19, 1997 the 1300 and 1400 blocks of Hibiscus
Lane and the 1300 and 1400 Blocks of Wildrose Lane to the
construction contract with Cutler Repaving, Inc., Lawrence, Kansas
for the 1996-1997 Street Recycling Project (133.5 Blocks). New
total of blocks is 137.5 Blocks. Funding is available in the
Capital Improvement Fund Street Materials.
Motion to approve.
Moved : Cm. Perez
Second: Cm. Bruni
For: 6 Against: 0 Abstain: 0
Cm. Casso and Cw. Moreno joined the meeting, 5:40 p.m.
VII. CITY MANAGER'S REPORT
20. Request for Executive Session pursuant to Section 551.071 of the
Texas Government Code and consultation with Attorney to discuss the
status and possible action to be taken regarding pending lawsuits
for the City of Laredo: a) Cause No. 96-CVQ01424-D3, In Re: Grand
Jury Proceeding Re: Gustavo Guevara and the City of Laredo, in the
341st District Court of Webb County, Texas, b) City of Laredo v.
Jose Rubio, Jr., et.al. Cause Number 96-CVQ-01548-D2, in the 111th
District Court of Webb County, Texas, being handled by the Law Firm
of Hunt, Hermansen, McKibben, and English.
Motion to go into executive session.
Moved : Cm. Valdez
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
Mayor Ramirez and Cw. Moreno did not participate in the executive
session proceedings.
After Executive Session Mayor Protem Perez announced that no formal
action was taken.
Motion to retain Mr. McKibben as the attorney of record and to
file a nonsuit.
Moved : Cm. Alvarado
Second: Cm. Bruni
For: 6 Against: 0 Abstain: 0
Cm. Perez was chairing the meeting and Cw. Moreno did not vote.
21. Request for Executive Session to be conducted pursuant to Section
551.071 of the Texas Government Code to discuss possible litigation
regarding a report prepared by Keith Lyons and Associates, Inc.,
regarding the Fleet Management Division.
Motion to go into executive session.
Moved : Cm. Perez
Second: Cm. Alvarado
For: 8 Against: 0 Abstain: 0
After Executive Session Mayor Ramirez announced that no formal
action was taken.
Mayor Ramirez instructed staff to proceed with the investigation.
22. Presentation and possible action regarding the administrative
investigation concerning the recovery of stolen vehicles from
Nuevo Laredo on April 16, 1997. Briefing by Risk Manager, Gilbert
Sanchez and Internal Affairs Investigator Sergio Moreno on the
findings of the administrative investigation of April 16, 1997,
stolen vehicle operation.
Gilbert Sanchez, Risk Manager, provided a summary of the procedures
they used to accumulate the information that will be presented.
Essentially Investigator Moreno and him have been conducting
interviews and documentation that has been available to them. The
report is a synopsis of some of the statements that he has
condensed in summary and some of the information that Orozco
Wrecker and Mora Wrecker have provided along with some of the
statements from Comandante Muniz and other officials from Nuevo
Laredo.
He said that over the last couple of weeks they conducted the
interviews, accumulated the data, summarized it, and also looked at
what the ordinance stipulates. He added that the ordinance is very
specific regarding the rotation tow list. There is no discretion
given to the Police Chief as to what he can and cannot do. Second,
that if we did engage in this type of agreement for the recovery of
vehicles it would be contrary to what the ordinance says. If there
was a practice to recover vehicles from across, our practices are
already established and the auto task force basically has some
procedures in place. They do know for a fact that we deviated from
those standard practices.
Police Investigator Sergio Moreno with the Internal Affairs
Division stated that he worked in conjunction with Mr. Sanchez in
the investigation. His report mirrors Mr. Sanchez's report and as
Mr. Sanchez said, the Police Chief was given no lead way except in
an emergency situation. As far as the practice for recovering
stolen vehicles from Mexico, it is only a practice there is no
standard operating procedure.
Cm. Alvarado question in reference to an article in Nuevo Laredo
newspaper where the U.S. Consulate, Mr. Parnell indicated that
there was a bi-national agreement in place?
Florencio Pe¤a, City Manager, stated that Isiah Parnell from the
Consulates Office will provide him with a copy of the treaty with
Mexico, on procedures for returning stolen vehicles. He added that
Mr. Parnell had summarized the procedures to him. Mr. Pe¤a
recommended to use the treaty as a method to set procedures for use
by city staff as interim until more permanent procedures are
established.
Cm. Casso stated that council needs time to read the report
presented to them that evening with the possibility of bringing the
item back.
23. Consideration and action instructing the City Manager to proceed
with the selection of the Chief of Police.
Motion to bring back for June 2nd.
Moved : Cm. Alvarado
Second: Cm. Guerra
For: 4 Against: 5 Abstain: 0
Cm. Bruni Cm. Perez
Cm. Casso Cw. Moreno
Cm. Guerra Cm. Valdez
Cm. Alvarado Cw. Montalvo
Mayor Ramirez
24. Amending the HOME Investment Partnerships Program Policy and
Procedures Manual as it pertains to Downpayment Assistance Program.
The following are the proposed changes:
a) increase the loan amount of $2,500.00, up to a maximum of
$3,000.00 for households with incomes of up to 80% of housing
area median family income and $5,000.00 for households with
incomes equal to or below 60% of housing area median family
income;
b) eliminate the 50% match required from the applicant;
c) decrease the 5% interest on the principal loan amount to 0%, d)
define the deferred payment period to 3 years;
e) recommend that assisted homebuyers make a minimum investment of
$1,000.00; and
f) recommend that assisted homebuyers enroll in a homebuyers course
and that no more than $50.00 be used from downpayment assistance
to pay for such course.
After the deferment period, the eligible borrower(s) will start
making payments on the Downpayment Assistance Loan as per a
predetermined schedule based on the loan amount. There will not be
any prepayment penalties. The repayment period may not exceed five
years. A second Lien Deed of Trust with Vendor's Lien and Real
Estate Lien Note will be recorded against the property being
purchased. The property should remain affordable for a period of
five years. This program is Citywide and may be used towards the
purchase of an existing or a newly constructed home. This item was
tabled at the May 5, 1997, City Council Meeting, as a result of
concerns raised by members of the building community. Staff has met
with members of the Laredo Builders Association. The above is a
blending of staff's original proposals as well as those suggestions
from the building community.
Erasmo Villarreal of Community Development made the presentation
before City Council.
Motion to approve with the deletion of "recommend that" in item
(e).
Moved : Cm. Perez
Second: Cm. Alvarado
For: 8 Against: 0 Abstain: 0
Motion to change the pay back period from 5 to 10 years for those
people who borrowed the $8,000.
Moved : Cw. Moreno
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
Cm. Perez stated that during the budget retreats last year he made
a motion in reference to this issue, that some of these homes were
to built at Los Obispos and that they would give the residents in
the flood plain the opportunity. They did get a report from Mr.
Villarreal after nine months had informed him that because of the
rules that are in place right now, that these people would not
qualify and wanted council go in another route.
Mr. Villarreal stated that staff researched the situation as to
whether these individuals were property owners right now (around
the Chacon Creek area) and were qualified as first time homebuyer
under the program right now, and because they are property owners
right now and they own their own houses, the rules and research
shows it is something that is not feasible. Another area that they
also looked was if there is a public need immediately for using
block monies to do acquisition and relocation and see if it was
feasible to do and they cannot find out anything currently that
they can tailor and make it safe for the area.
Mayor Ramirez asked if they can get FEMA, because it is a flood
plain area and is prone to damage. He added that FEMA has reworked
their guidelines to make it more accessible to flooding victims
and asked that staff look into this.
Motion to instruct staff to research into what FEMA rates in term
of providing assistance; that the research included on the issue
that individuals do not qualify because they are not first time
homebuyers because they are not leaving their homes by choice in a
way, there is a problem in that area; and that it also include home
many families are out there. That this issues be evaluated and
that all options be researched to see if it is something feasible
and just as another possible alternative.
Moved : Cm. Perez
Second: Cw. Moreno
For: 8 Against: 0 Abstain: 0
Motion to adopt as amended.
Moved : Cm. Perez
Second: Cw. Moreno
For: 8 Against: 0 Abstain: 0
VIII. COMMUNICATIONS
None.
IX. CITY COUNCIL DISCUSSION AND PRESENTATION
25. Requests by Mayor and City Councilmembers for discussion and
presentation.
A. Requests by Councilmember Louis H. Bruni
1. Requesting a status report on the external audit which has been
conducted at the Fleet Maintenance Division with possible Executive
Session pursuant to Section 551.071 of the Texas Government Code to
discuss possible litigation, with possible action.
This item was handled with item #21.
2. Requesting a legal opinion from the City Attorney concerning
Ordinance No. 91-O-100, as well as a written response from the
Texas Natural Resource Conservation Commission pertaining to Wet
Water Rights, with possible action.
Cm. Bruni asked the City Attorney if he had reviewed the ordinance.
Jaime Flores, City Attorney, stated he did not review the
ordinance, that there is a legal opinion on that ordinance, however
he did not know if he was requesting a review on the opinion of
that legal opinion.
Cm. Bruni answered that is what he would like, a legal opinion.
He added that he has some concerns about how TNRCC talks about what
they call "Wet Water" and had asked the Utilities Director to send
them a letter, which he did, but before he sent it council passed
an ordinances whereby we do not any longer accept water rights in
lieu of CIP's. We had been accepting water rights, and converting
them to municipal water rights and his concern was that if these
water rights were dormant when they changed them into municipal
water rights then have we given up "what the TNRCC refers to as Wet
Water". When we put these water rights and developer come and
apply these water rights to their subdivisions, we couldn't
immediately drop them at the Rio Grande, so he asked the Utilities
Director to get a written statement from TNRCC.
Fernando Roman, Utilities Director, stated that his knowledge on
this from TNRCC staff is that whenever you buy water that is not of
a municipal base, you have to convert it from agricultural or
industrial to municipal being that it is active or non-active.
That it immediately gets activated by being placed on what they
called a municipal pool which is a reserves of one to two years of
water in the reservoirs that is exclusively dedicated for cities.
That pool means that if a drought has persisted for many years, the
agricultural would suffer first and approximately 9,000 acre feet
of water would have been denied to them, but the cities would have
never been denied that. We are in the last in the list of the
priorities to cut the water. When the water rights are converted
to municipal, it was explained to him that they become active
immediately and are converted to our main certificate number which
starts at 32,000 a fraction and is not close to 40,000. He has
asked for a written clarification on this issue from TNRCC.
Cm. Bruni stated his concern is that there is "x" amount of
municipal water rights out there for the lower Rio Grande (from
Amistad to Falcon), there is "x" amount of acre feet that are for
municipal use that are being impounded in Amistad, his concern is
that the water rights that are municipal or that are prescribed,
there is more water rights out there than there is water that's
being reserved for municipal use. He said water rights are just a
piece of paper saying that you can draw "x" amount of gallons from
the Rio Grande, the bottom line is that those "x" amount of gallons
are not in the reserve of the Rio Grande, those water rights are
useless. He wants to make sure that we do have enough water for
municipal use and wants that council go on the direction that he
has been advocating which is to find a secondary source of water.
He concluded by saying that there are many studies going on and
that we look into a secondary source of water which would be the
continued drilling of aquifers and not only depend on one sole
source of water.
He wants a written report from the Utilities Director as to whether
the water rights are over prescribed and how much water rights we
do have and if indeed they are Wet Water Rights. He wants a list
of all the reports, the engineering studies, all the studies in
process, the mapping of the aquifers, the secondary effluent
program and where they will be storing water. He wants the City
Attorney to clarify the language on the ordinance and if there was
violation of any ordinance by accepting these water rights or to
the contracts with different developers.
3. Discussion and possible action concerning approaching the
developers of North Heights Subdivision and request they consider
opening Willow Creek Avenue as an additional access point from
North Heights Subdivision.
Cm. Bruni stated that there were concerns on the blockage of
emergency vehicles due to the fact that there exists only one
entrance and exit. He asked staff to talk to the developers and
residents to assure them that at no time will that one entrance
ever impede the entry of emergency vehicles into that subdivision.
He instructed staff to talk to the developers and see if they can
get another outlet or street that would hit directly Hwy 59.
4. Discussion and possible action concerning the addition of the 2300
to the 2700 Blocks of Plum Street to the Street Recycling Program.
Motion to include them on next year's recycling program.
Moved : Cm. Bruni
Second: Cm. Guerra
For: 8 Against: 0 Abstain: 0
5. Discussion and possible action concerning reducing the speed limit
on the 2300 to the 2700 Blocks of Plum Street from 30 mph to 20
mph.
Cm. Bruni requested that discussion on this item be deferred until
action is taken on the speed bumps.
6. Discussion and possible action concerning the addition of the 2300
to the 2700 Blocks of Plum Street to the "Street Hump Pilot
Project."
Motion to instruct staff to proceed with instructing the Traffic
Department to include the 2300 to 2700 Blocks of Plum to the
"Street Hump Pilot Project".
Moved : Cm. Bruni
Second: Cm. Alvarado
For: 8 Against: 0 Abstain: 0
B. Requests by Councilmember Alfonso I. "Poncho" Casso
1. Discussion and possible action regarding the hiring of a consultant
for the privatization of the city's Utilities Department.
Fernando Roman, Utilities Director, stated that they are looking at
privatization objectives, how real are the proposed annual savings,
the improvement of personnel, etc. There were questions to resolve
such as the reliability of the firm. He proposed to visit existing
projects and finalize industry studies. If they decide to proceed,
then he would recommend to invest on expert based requests for
proposals and pre-qualified the bidders. On the visits he would
witness worksites; learn from elected officials; discuss with city
staff; hear customer opinions; and discuss the mechanics with
administrative staff. He concluded by stated that the next step is
to sit down with staff to work schedule in order to make the visits
to different communities and find out who is going.
C. Requests by Councilmember Joe A. Guerra
1. Discussion and possible concerning the placement of the following
list of streets:
1. Entire length of Widener Lane
2. Winchester from Boise to Eaton
3. Nye from Fenwick to Boise
4. Boise from Plymouth to Widener into next years Street Recycling
Program.
Motion to include these streets on next year's recycling program.
Moved : Cm. Guerra
Second: Cm. Perez
For: 8 Against: 0 Abstain: 0
X. PUBLIC HEARINGS
26. Public hearing concerning the application by Joaquin and Dolores
Vasquez, amending the zoning ordinance (Map) of the City of Laredo
by rezoning the west 46.3 feet of Lot 3, Block 1059, Eastern
Division, located at 1915 Norton Street from R-3 (Mixed Residential
District) to B-3 (Community Business District). The Planning and
Zoning Commission recommends approval of the zone change.
INTRODUCTION OF AN ORDINANCE
Ordinance amending the zoning ordinance (Map) of the City of Laredo
by rezoning the west 46.3 feet of Lot 3, Block 1059, Eastern
Division, located at 1915 Norton Street from R-3 (Mixed Residential
District) to B-3 (Community Business District); providing for
publication and effective date.
Motion to open the public hearing.
Moved : Cm. Perez
Second: Cw. Montalvo
For: 8 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing and introduce.
Moved : Cm. Perez
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
Ordinance Introduction: Cm. Perez
27. Public hearing concerning the application by Veronica Flores,
amending the Zoning Ordinance (Map) of the City of Laredo by
rezoning all of Block 1777, Eastern Division, located north of Diaz
Street between New York Avenue and Canada Avenue, from R-2 (Multi-
Family Residential District) to R-3 (Mixed Residential District).
The Planning Zoning Commission recommends approval of the zone
change.
INTRODUCTION OF AN ORDINANCE
Ordinance amending the Zoning Ordinance (Map) of the City of Laredo
by rezoning all of Block 1777, Eastern Division, located north of
Diaz Street between New York Avenue and Canada Avenue, from R-2
(Multi-Family Residential District) to R-3 (Mixed Residential
District); providing for publication and effective date.
Motion to open the public hearing.
Moved : Cm. Perez
Second: Cm. Bruni
For: 7 Against: 0 Abstain: 0
(Cm. Casso was not present to vote.)
Ron Whitehawk representing Mrs. Veronica Flores spoke in favor.
Motion to close the public hearing and introduce the ordinance.
Moved : Cm. Perez
Second: Cm. Valdez
For: 7 Against: 0 Abstain: 0
Cm. Casso was not present.
Ordinance Introduction: Cm. Perez
28. Public hearing concerning the application by Dolores Hernandez,
amending the Zoning Ordinance (Map) of the City of Laredo by
rezoning Lot 8, Block 2031, Eastern Division, located at 3220 Santa
Barbara Street from R-3 (Mixed Residential District) to B-1
(Limited Business District). The Planning and Zoning Commission
recommends denial of the zone change. This is an appeal from the
Planning and Zoning Commission.
INTRODUCTION OF AN ORDINANCE
Ordinance amending the Zoning Ordinance (Map) of the City of Laredo
by rezoning Lot 8, Block 2031, Eastern Division, located at 3220
Santa Barbara Street from R-3 (Mixed Residential District) to B-1
(Limited Business District); providing for publication and
effective date.
Motion to open the public hearing.
Moved : Cm. Perez
Second: Cw. Moreno
For: 7 Against: 0 Abstain: 0
Mrs. Dolores Hernandez, property owner, was present to answer any
questions.
Motion to close the public hearing and override Planning and Zoning
Commission and approve the zone change request.
Moved : Cm. Perez
Second: Cm. Bruni
For: 6 Against: 0 Abstain: 0
Ordinance Introduction: Cm. Perez
29. Public hearing concerning the application by Ernesto J. Cardenas,
amending the Zoning Ordinance (Map) of the City of Laredo by
rezoning Lot 7, and part of Lot 6, Lot 8 and part of Lot 5, Block
1705, Eastern Division, located at 2820 Chihuahua Street from R-3
(Mixed Residential District) to B-1 (Limited Business District).
The Planning and Zoning Commission recommends denial of the zone
change. This is an appeal from the Planning and Zoning Commission.
INTRODUCTION OF AN ORDINANCE
Ordinance amending the Zoning Ordinance (Map) of the City of Laredo
by rezoning Lot 7, and part of Lot 6, Lot 8 and part of Lot 5,
Block 1705, Eastern Division, located at 2820 Chihuahua Street from
R-3 (Mixed Residential District) to B-1 (Limited Business
District); providing for publication and effective date.
Motion to open the public hearing.
Moved : Cm. Perez
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
Ron Whitehawk representing Mr. Ernesto Cardenas property owner
spoke in favor of having a Mom & Pop type of grocery store to keep
himself busy as a neighborhood store. He intends to live in the
same property.
Mr. Ernesto Cardenas, property owner, spoke in favor of being
granted the zone change to place his grocery store.
Ernesto Cardenas, Jr. spoke in favor of the zone change request.
Mrs. Elvia Tays back property owner spoke in favor of granting Mr.
Cardenas the zone change.
Ricardo Tays property owner on Rosario spoke in favor.
Rosa Salinas, on behalf of her mother who lives at 2903 Chihuahua
spoke on the concerns from her mother. She stated that there are 4
stores already in close vicinity and that the traffic congestion is
getting bad. She asked why is there an intrusion in that area when
you already have commercial zoning areas. She informed council
that Mr. Cardenas already has a drive-thru less than a block away.
Mrs. Maria Ibarra, Rosa's mother, informed council that they have a
property on Chihuahua and Arkansas and that they should place it
there.
Motion to close the public hearing and send back to Planning and
Zoning Commission for consideration as a Conditional Use Permit.
Moved : Cm. Bruni
Second: Cm. Casso
For: 8 Against: 0 Abstain: 0
30. Public hearing concerning the application by Arturo and Juanita
Alvarez, amending the Zoning Ordinance (Map) of the City of Laredo
by rezoning Lot 2, Block 600, Eastern Division, located at 1217
Hendricks Avenue from B-1 (Limited Business District) to R-O
(Residential/Office District). The Planning and Zoning Commission
recommends approval of the zone change.
INTRODUCTION OF AN ORDINANCE
Ordinance amending the Zoning Ordinance (Map) of the City of Laredo
by rezoning Lot 2, Block 600, Eastern Division, located at 1217
Hendricks Avenue from B-1 (Limited Business District) to R-O
(Residential/Office District); providing for publication and
effective date.
Motion to open the public hearing.
Moved : Cm. Perez
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing and introduce the ordinance.
Moved : Cm. Casso
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
Ordinance Introduction: Cm. Casso
31. Public hearing concerning the application by Francisco and Tomasa
Hernandez, amending Zoning Ordinance (Map) of the City of Laredo by
rezoning Lot 4, Block 1412, Eastern Division, located at 2414
Market Street from R-3 (Mixed Residential District) to B-1 (Limited
Business District). The Planning and Zoning Commission recommends
approval of the zone change.
INTRODUCTION OF AN ORDINANCE
Ordinance amending Zoning Ordinance (Map) of the City of Laredo by
rezoning Lot 4, Block 1412, Eastern Division, located at 2414
Market Street from R-3 (Mixed Residential District) to B-1 (Limited
Business District); providing for publication and effective date.
Motion to open the public hearing.
Moved : Cm. Perez
Second: Cm. Casso
For: 8 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing and introduce the ordinance.
Moved : Cm. Casso
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
Ordinance Introduction: Cm. Casso
32. Public hearing concerning the application by Francisco Velazquez,
amending the Zoning Ordinance (Map) of the City of Laredo by
rezoning the west 2/3 of Lot 1, Block 876, Eastern Division,
located at 2719 Meadow Avenue from R-3 (Mixed Residential District)
to B-1 (Limited Business District). The Planning and Zoning
Commission recommends approval of the zone change.
INTRODUCTION OF AN ORDINANCE
Ordinance amending the Zoning Ordinance (Map) of the City of Laredo
by rezoning the west 2/3 of Lot 1, Block 876, Eastern Division,
located at 2719 Meadow Avenue from R-3 (Mixed Residential District)
to B-1 (Limited Business District); providing for publication and
effective date.
Motion to open the public hearing.
Moved : Cm. Perez
Second: Cw. Moreno
For: 8 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing and introduce the ordinance.
Moved : Cw. Moreno
Second: Cm. Alvarado
For: 8 Against: 0 Abstain: 0
Ordinance Introduction: Cw. Moreno
33. Public hearing concerning the application by Juan Manuel Esparza,
amending the Zoning Ordinance (Map) of the City of Laredo by
rezoning Lot 1, Block 448, Eastern Division, located at 119 East
Bustamante Street from R-3 (Mixed Residential District) to B-4
(Highway Commercial District). The Planning and Zoning Commission
recommends denial of the zone change. This is an appeal from the
Planning and Zoning Commission.
INTRODUCTION OF AN ORDINANCE
Ordinance amending the Zoning Ordinance (Map) of the City of Laredo
by rezoning Lot 1, Block 448, Eastern Division, located at 119 East
Bustamante Street from R-3 (Mixed Residential District) to B-4
(Highway Commercial District); providing for publication and
effective date.
Motion to open the public hearing.
Moved : Cm. Perez
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
Mr. Juan Esparza gave the City Secretary a list containing 31
signatures around the area who did not object to the zone change
request by Mr. Esparza.
Motion to close the public hearing, override the Planning and
Zoning Commission, approve the zone change request, and introduce
the ordinance.
Moved : Cm. Valdez
Second: Cm. Guerra
For: 6 Against: 2 Abstain: 0
Cw. Moreno & Cm. Alvarado
Ordinance Introduction: Cm. Valdez
34. Public hearing concerning the application by Rogelio Garcia,
amending the Zoning Ordinance (Map) of the City of Laredo by
rezoning the north 60 feet of the south 110 feet of the east 48
feet and the southeast corner 50 x 148 feet of the south 1/2 of
Block 41, Calton Gardens Subdivision, located at 4602 and 4604 San
Francisco, from B-1 (Limited Business District) to B-3 (Community
Business District). The Planning and Zoning Commission recommends
approval of the zone change.
INTRODUCTION OF AN ORDINANCE
Ordinance amending the Zoning Ordinance (Map) of the City of Laredo
by rezoning the north 60 feet of the south 110 feet of the east 48
feet and the southeast corner 50 x 148 feet of the south 1/2 of
Block 41, Calton Gardens Subdivision, located at 4602 and 4604 San
Francisco, from B-1 (Limited Business District) to B-3 (Community
Business District); providing for publication and effective date.
Motion to open the public hearing.
Moved : Cm. Perez
Second: Cw. Montalvo
For: 8 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing and introduce the ordinance.
Moved : Cm. Guerra
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
Ordinance Introduction: Cm. Guerra
35. Public hearing concerning the application by Kay Carmona,
authorizing the issuance of a Special Use Permit for a Mobile Home
Park known as Carmona's Mobile Home Park, on Block 2, 3, 15, and
18, out of the Calton Gardens Subdivision, located at 5000
Gallagher Avenue. The Planning and Zoning Commission recommends
approval of the Special Use Permit and variance.
INTRODUCTION OF AN ORDINANCE
Ordinance authorizing the issuance of a Special Use Permit for a
Mobile Home Park known as Carmona's Mobile Home Park, on Block 2,
3, 15, and 18, out of the Calton Gardens Subdivision, located at
5000 Gallagher Avenue; providing for publication and effective
date.
Motion to open the public hearing.
Moved : Cm. Perez
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
Abraham Rodriguez, representing METRO Affordable Housing
Corporation, spoke against the authorization of the Special Use
Permit as it will have a financial economic impact on their
project.
Mrs. Kay Carmona, property owner, stated that she wants to continue
operating as a Manufactured Housing Park. She stated that she has
been there for almost 35 years and that she does not see putting
money into it the way the street is. She also plans to convert the
property as within 10 years her property would not be the same as
it is now. She does not intend to put a fantastic sum of money
into building that up to remain as it.
Motion to close the public hearing and send back to the Planning
and Zoning Commission for reconsideration.
Moved : Cm. Guerra
Second: Cm. Valdez
For: 8 Against: 0 Abstain: 0
XI. ADJOURNMENT
Motion to adjourn.
Moved : Cm. Perez
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
Adjournment time: 8:50 p.m.
I HEREBY CERTIFY THAT THE ABOVE MINUTES CONTAINED IN PAGES 01 TO 25 ARE TRUE,
COMPLETE, AND CORRECT PROCEEDINGS OF THE REGULAR CITY COUNCIL MEETING HELD ON
THE 27TH DAY OF MAY, 1997. A CERTIFIED COPY IS ON FILE AT THE CITY
SECRETARY'S OFFICE.
________________________
GUSTAVO GUEVARA, JR.
CITY SECRETARY