1 City of Laredo City Council Meeting M2009-R-20 City

CITY OF LAREDO CITY COUNCIL MEETING M2009-R-20 CITY COUNCIL CHAMBERS 1110 HOUSTON STREET LAREDO, TEXAS 78040 NOVEMBER 2, 2009 5:30 P.M.

I. CALL TO ORDER

With a quorum present Mayor Raul G. Salinas called the meeting to order.

II. PLEDGE OF ALLEGIANCE

Mayor Raul G. Salinas led in the Pledge of Allegiance.

III. ROLL CALL

In attendance:

Raul G. Salinas, Mayor Mike Garza, Mayor Pro Tempore, District I Hector Garcia, Council Member, District II Michael Landeck, Council Member, District III Juan Narvaez, Council Member, District IV Johnny Rendon, Council Member, District V Gene Belmares, Council Member, District VI Jose Valdez, Jr. Council Member, District VII Cynthia Liendo-Espinoza, Council Member, District VIII Gustavo Guevara, City Secretary Carlos Villarreal, City Manager Cynthia Collazo, Deputy City Manager Horacio De Leon, Assistant City Manager Jesus Olivares, Assistant City Manager Raul Casso, City Attorney

Motion to excuse Mayor Pro Tempore Garza.

Moved: Cm. Garcia Second Cm. Narvaez For: 6 Against: 0 Abstain: 0

Cm. Belmares was not present.

IV. MINUTES

1 Approval of the minutes of October 5, 2009 & October 19, 2009

Motion to approve.

Moved: Cm. Garcia Second: Cm. Narvaez For: 6 Against: 0 Abstain: 0

Mayor Pro Tempore Garza arrived at 6:11 pm.

Cm. Belmares joined the meeting at 6:42 pm.

V. COMMUNICATIONS AND RECOGNITIONS

Recognitions

a. Recognizing Arby’s Restaurant of Laredo, Texas for their nomination by Texas Workforce Commission as Employer of the Year.

Mayor Salinas and City Council presented the Certificate of Recognition to the representative of Arby’s David Mitchell.

Communiqués

a. Presentation by Anselmo “Chemo” Castro, President of the Washington’s Birthday Celebration Association (WBCA), regarding the upcoming WBCA events with presentation of the 2010 WBCA poster to the Mayor and City Council.

Mr. Castro introduced his executive committee members: President Susan Foster, Vice- President Bob Wethers, Treasurer Paty Guajardo, and Executive Director Lisa Morales. He thanked the Mayor and city staff including Traffic, Airport, Fire, Police, City Manager and Parks departments and presented a poster as a token of their appreciation.

b. Presentation by Trey L. Austin, Texas A & M International University Assistant Director of Sports Information, and Claudio Arias, Interim Athletic Director, regarding Guns-N-Hoses Basketball & Fundraising Auction events.

Mr. Austin announced the event for a fundraiser for their athletic department with general admission at $5.

Citizen comments

Rene De La Vina, Civil Rights Advocate, stated that he felt that La Azteca neighborhood smelled like a sewer. He was frustrated because he had brought up this issue before. He brought up a second issue, that of the Civil Service Commission, thanking the Mayor and Council for their work and for his being allowed to be on the committee. He concluded with a third issue, bringing bus service back to the Mall del Norte. He advised that many elderly people felt that they could not handle the long walk from the bus stop to the mall.

2 Ana Maria Hernandez congratulated the Mayor on the good job that he was doing. She invited him and Council to the second memorial mass in honor of the Dean of Principal of Martin High School on Friday, December 4th at Guadalupe Church. She added that afterward there would be a reception at the Holiday Inn Civic Center where she would recognize and honor great people from the City of Laredo and former students of Cardinal Flores.

VI. APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES

a. Appointments by City Council to the Drug and Alcohol Commission.

None.

VII. PUBLIC HEARINGS

1. Public hearing and introductory ordinance amending the City of Laredo Health Department FY2009-2010 budget by increasing revenues and expenditures in the amount of $300,000.00 for dental care personnel and operations for the City of Laredo Health Department from the Health and Human Services Commission (HHSC) through the University of Texas Health Science Center Dental School for the term from September 1, 2009 through August 31, 2010 and renewable for one (1) additional year. (Approved by Operations & Finance Committees)

Motion to open the public hearing.

Moved: Cm. Garcia Second: Cm. Rendon For: 8 Against: 0 Abstain: 0

There was no public input.

Motion to close the public hearing and introduce.

Moved: Cm. Rendon Second: Cm. Garcia For: 8 Against: 0 Abstain: 0

Ordinance Introduction: City Council

2. Public hearing and introductory ordinance authorizing the issuance of City of Laredo, Texas subordinate Waterworks and Sewer System Revenue Bonds, Series 2009, in the principal amount of $7,500,000.00, for the purpose of purchasing and acquiring additional water rights for the City’s Combined Waterworks System and Sewer System, making provisions for the security, thereof; authorizing amendment to the City’s budget to appropriate such proceeds for purposes authorized herein; awarding sale of the bonds to the Texas Water Development board, and ordaining other matters relating to the subject. (Approved by Operations & Finance Committees)

Motion to open the public hearing.

3 Moved: Cm. Garcia Second: Mayor Pro Tempore Garza For: 8 Against: 0 Abstain: 0

There was no public input.

Motion to close the public hearing and introduce.

Moved: Cm. Valdez Second: Cm. Rendon For: 8 Against: 0 Abstain: 0

Ordinance Introduction: City Council

3. Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by authorizing a Conditional Use Permit for an amusement redemption machine establishment on Lot 3, Block 215, Western Division, located at 1206 San Bernardo Avenue.

Staff supports the Conditional Use Permit and the Planning and Zoning Commission has recommended approval of the Conditional Use Permit. District III

Motion to open the public hearing.

Moved: Cm. Garcia Second: Cm. Valdez For: 8 Against: 0 Abstain: 0

There was no public input.

Motion to close the public hearing and introduce.

Moved: Cm. Espinoza Second: Cm. Garcia For: 5 Against: 2 Abstain: 1 Cm. Belmares Cm. Narvaez Cm. Landeck

Ordinance Introduction: City Council

4. Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by authorizing a Conditional Use Permit for an amusement redemption machine establishment on Lots 3-5 and the south ½ of Lots 6 & 7, Block 121, Western Division, located at 916 Houston St.

Staff supports the Conditional Use Permit and the Planning and Zoning Commission has recommended denial of the Conditional Use Permit. District VIII

Motion to open the public hearing.

4 Moved: Cm. Garcia Second: Cm. Liendo Espinoza For: 7 Against: 0 Abstain: 0

Cm. Belmares was not present.

Planning Director Keith Selman reported that there was an update to the communication. They had received four notices in opposition and one in favor of the permit.

On behalf of Mrs. Isabel Ancira, Ron Whitehawk explained that this property used to contain the Hunan’s Restaurant. The reason for their presentation was to explain why a Conditional Use Permit was the best use for the maquinitas. He mentioned that the building had close to fifty parking spaces. He added that although parking was not a requirement there, any good business would have to have parking. Therefore, their application was adjusted to ask for up to 130 machines. He went on to say that the issue of security that had come up, and they recognized that there were a variety of users and abusers within the downtown area; hence, Mrs. Ancira promised to provide security within the context of her building, inside and outside.

Gerry Salinas, property owner, reported that the property had been a restaurant for several years; in fact, in the past two years, there had been three different restaurants there that had closed their doors. He felt that his tenant, Ms. Ancira, was making a substantial investment in the property and that for the time being, having the building occupied would be the best thing for downtown.

Mrs. Isabel Ancira said that her clients were older ones who didn’t want to go to nightclubs, and so her project was a coffee bar with maquinitas rather than a bar with alcohol. She had seen, sadly, that many locations downtown were now closed, and she asked to be given one year to prove that she could operate without violating the law.

Mr. Javier Santos stated that he didn’t see any negative side to this permit. He felt that the maquinitas would bring traffic to Laredo and be a win-win situation for everyone. He said that the traffic would detract from the vandalism at that corner.

Viviana Frank, next door property owner, stated that she had been working downtown for eighteen years. She had devoted her architectural practice to downtown for the past fourteen years, and the building belonged to a company that she and her husband owned. She added that she and her husband had put more than $1 million into this building. She felt that parking would be a problem. Therefore, she wished for Council to uphold the denial of the special use permit.

Ana Garcia, owner of Rapid Print business across the street from the proposed site, stated that she also had concerns about parking and the possible increase in vandalism.

Javier Pena stated that he was located right behind this building downtown. He added that the parking was a concern of his as well. He thought that having an amusement machine business there would adversely affect his business and that of his neighbors.

Motion to close the public hearing and deny the conditional use permit.

5 Moved: Cm. Liendo Espinoza Second: Cm. Belmares For: 7 Against: 0 Abstain: 1 Cm. Narvaez VIII. INTRODUCTORY ORDINANCES

5. Authorizing the City Manager to execute a lease with Laredo International Sports Hall of Fame for approximately sixteen (16) square feet of space located outdoors and in front of the Airport Passenger Terminal Building, at 5210 Bob Bullock Loop, for the purpose of installing, operating and maintaining a Time Capsule for the Laredo International Sports Hall of Fame. Lease term is for thirty (30) years commencing on January 1, 2010 and ending December 31, 2039. Declaring that a valid public purpose exists and waiving any and all rental obligations. (Approved by Operations Committee)

Ordinance Introduction: City Council

IX. FINAL READING OF ORDINANCES

Motion to waive the Final Reading of Ordinances 2009-O-191, 2009-O-192, 2009-O-193, 2009-O-194, 2009-O-195, 2009-O-196, 2009-O-197, 2009-O-198, 2009-O-199, 2009-O- 200, 2009-O-201, 2009-O-202, 2009-O-203, and 2009-O-204.

Moved: Cm. Belmares Second: Cm. Narvaez For: 8 Against: 0 Abstain: 0

6. 2009-O-191 amending the FY 2009-2010 9-1-1 Regional Administration budget by increasing revenues and expenditures in the amount of $17,892.00 for administrative, equipment and program budgets for Jim Hogg, Starr, Webb, and Zapata counties for the period beginning September 1, 2009 and ending August 31, 2010.

Motion to adopt Ordinance 2009-O-191.