CITY OF LAREDO

                                                CITY COUNCIL MEETING

                                                             M-2001-R-22

                                      PLANNING AND ZONING MEETING

                                              CITY COUNCIL CHAMBERS

                                                  1110 HOUSTON STREET

                                                    LAREDO, TEXAS 78040

                                                           AUGUST 27, 2001

                                                                  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

            Louis H.  Bruni,                                                                        Council Member, District II

            John C.  Galo,                                                                          Council Member, District III

            Johnny Amaya,                                                                         Council Member, District IV

            Eliseo Valdez, Jr.,                                                                     Mayor Pro Tempore, District V

            Joe A. Guerra,                                                                          Council Member, District VI

            Jose A.  Valdez, Jr.,                                                                 Council Member, District VII

            Juan Ramirez,                                                                           Council Member, District VIII

            Larry Dovalina,                                                                         City Manager

            Cynthia Collazo,                                                                       Assistant City Manager

            Jaime Flores,                                                                            City Attorney

           

IV.       MINUTES

 

            None.

 

V.        COMMUNICATIONS AND RECOGNITIONS

 

            Announcements

 

1.  Presentation by Parks & Recreation Department and Lulac's Council #7 on the 1st

     Annual Hispanic Heritage Month Fiesta scheduled for Saturday, October 6, 2001.

 

                 Miguel Pescador, Parks and Recreation Assistant Director along with Joe Ramos, LULAC #7 President, made a brief presentation.   They announced their plans to hold the First Annual Hispanic Heritage Month Fiesta on October 6, 2001, from 11:00 a.m. to 11:00 p.m. at the El Metro Park and Ride facility by the airport.  They invited the Mayor and City Council as well as members of the general public to attend.

 

                 Cm. Bruni submitted the Southwest Texas Rain Enhancement Association Report to City Council for Flight #58 conducted on August 25, 2001, and Flights #59 and 60 conducted on August 26, 2001.  The complete reports are available at the City Secretary’s Office for review.

 

            Invitations

 

            None.

 

            Recognitions

 

1.  Recognition of Mauricio Cantu on his retirement from the Department of Public Safety.

 

      Mayor Flores presented Mauricio Cantu with a Seven Flags Certificate for his outstanding achievement and dedicated service to the community. 

 

            Communiques

 

Mayor Flores publicly thanked the San Antonio Express newspaper for the follow-up article regarding the City’s concerns for site selection of the safety inspection stations.   

 

Mayor Flores read a letter from R. H. “Ray” Rodriguez, Jr. , Attorney at Law, addressed to Dynamic Publishing & Distributing, L.L.C.:

 

“To whom it may concern:

 

You are hereby notified that I have been retained to represent the members of the Unitec Industrial Center Property Owners Association, which includes such large corporations as Diamond Shamrock and Wal-Mart, which oversees the maintenance, upkeep, and enforcement of land use restrictions of the Unitec Industrial Park in Laredo, Texas.

 

We have been notified by the City of Laredo, that your company has applied for a Special Use Permit to operate a sexually oriented business establishment, namely an adult book and/or video store within the confines of the Unitec Industrial Park, which is not a permitted use.

 

You are hereby officially notified that Unitec Industrial Park is deed restricted for industrial type of business uses and operations, and that the operation and/or ownership of a sexually oriented business within the confines of Unitec Industrial Park is strictly prohibited as specifically cited in Article III, Section 1(a) of the Unitec Industrial Center Covenants, Conditions and Restrictions, a copy of which is attached hereto as Exhibit “A” and incorporated by reference for all intents and purposes, which states that no lot of the subject subdivision shall be used except for “industrial purposes” which shall have the same meaning as industrial purposes are defined in City of Laredo Ordinance No. 87-O-163.

 

Therefore, please be advised that Unitec Industrial Park and its property owners as members of the association are bound by the aforesaid covenants, which incorporate Ordinance No. 87-O-163 of the City of Laredo, which strictly defines industrial purposes.  Please note that both the contract and incorporated ordinance specifically prohibits non- industrial users.  A copy of Ordinance No. 87-O-163 of the City of Laredo is attached hereto as Exhibit “B” and incorporated by reference for all intents and purposes.

 

I have been requested by both the Board of Directors and Mr. Ruben Garcia, President of the members of the Unitec Industrial Center Property Owners Association, to notify you that they are vehemently opposed to the operation and/or ownership of a sexually oriented business within Unitec Industrial Park, and they are prepared to take any and all appropriate measures including, but not limited to, injunctive relief to prohibit your sexually oriented business at Unitec Industrial Park.

 

Your company is further advised that our members and I will be opposing your request for a special use permit to operate a sexually oriented business at the City Council Meeting to be held on Monday, August 27, 2001, and we have informed the councilman who represents our district of our opposition to your request for the issuance of a special use permit, for the reasons cited above.

 

Very truly yours,

 

 

Ray Rodriguez

Attorney at Law”

 

 

VI.       APPOINTMENTS TO COMMISSION, BOARDS AND COMMITTEES

           

            None.

 

VII.     PUBLIC HEARINGS

 

1.  Public hearing and consideration of an appeal of an order of the Historic Landmark

     Board regarding the installation of two doors on the Convent elevation:  

 

Location:  Lots 3 and E 15 Varas of 2, Block 2 WD

Commonly known as:  1112 Grant -- San Agustin Historic District

Petitioner: Luis Lidsky

                

                 Motion to open the public hearing.

 

                 Moved:  Cm.  Bruni

                 Second:  Cm.  Amaya

                 For:     7                                          Against:  0                                            Abstain:  0

                 Cm.  Ramirez was not present.

 

                 John Keck, representing the Historic District/Landmark Board, stated that he was opposed to changing the structure. 

 

                 Anibal Diaz, representing Luis Lidsky, stated that the doors would not change the structural appearance of the building.  He stated that this entrance is very critical for improved patronage at the business location. 

 

                 Motion to postpone until next City Council meeting.

 

                 Moved:  Cm.  Bruni

                 Second:  Cm.  Galo

                 For:     7                                          Against:  0                                            Abstain:  0

                 Cm.  Ramirez was not present.

  

2.  Public hearing amending the Street Name Map of the City of Laredo by changing the

name of a portion of Killam Industrial Boulevard from the intersection of FM 1472 thence west and south to the intersection of Loop 20 with the future River Bank Drive, from Killam Industrial Blvd. to River Bank Drive.

 

INTRODUCTION OF AN ORDINANCE

Amending the Street Name Map of the City of Laredo by changing the name of a portion of Killam Industrial Boulevard from the intersection of FM 1472 thence west and south to the intersection of Loop 20 with the future River Bank Drive, from Killam Industrial Blvd. to River Bank Drive; providing for publication and effective date.

 

Motion to open the public hearing.

 

                 Moved:  Cm.  Bruni

                 Second:  Cm.  Galo

                 For:     7                                          Against:  0                                            Abstain:  0

                 Cm. Ramirez was not present.

  

Carlos Mejia of Mejia Engineering Company spoke in favor of the name change.  He stated that his client favored the name change being that there are still approximately 500 acres of undeveloped land that do not lend itself for industrial development which could be developed for residential use in the future.   

 

Robert Muller of Muller, Ltd. also stated that he was in favor of the name change.

 

Raul Perales recommended City Council’s approval for the requested name change. 

 

Motion to close the public hearing and accept the Planning and Zoning recommendations to change the name of the street from Killiam Industrial Blvd. to Riverbank Drive.

 

                 Moved:  Cm.  J.  Valdez, Jr.

                 Second:  Cm.  Bruni

                 For:     7                                          Against:  0                                            Abstain:  0

                 Cm. Ramirez was not present.

 

                 Ordinance Introduction:  Cm. J. Valdez, Jr.

 

 

3.  Public hearing amending the Zoning Ordinance (Map) of the City of Laredo by rezoning

Blocks 56, 67, and 68, Eastern Division and those portions of Cedar Ave., Piedra China St., and Logan Ave. which were previous public right-of-ways, located at 301 Logan Ave., from M-1 (Light Manufacturing District) to M-2 (Heavy Manufacturing District).  The Planning and Zoning Commission has recommended denial of the proposed denial of the proposed zone change.

 

INTRODUCTION OF AN ORDINANCE

Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Blocks 56, 67, and 68, Eastern Division and those portions of Cedar Ave., Piedra China St., and Logan Ave., which were previous public right-of-ways, located at 301 Logan Ave., from M-1 (Light Manufacturing District) to M-2 (Heavy Manufacturing District); providing for publication and effective date.

 

                 Motion to postpone until the meeting of September 17, 2001.

 

                 Moved:  Cm.  Galo

                 Second:  Cm.  Amaya

                 For:     7                                          Against:  0                                            Abstain:  0

                 Cm.  Ramirez was not present.

                

4.  Public hearing amending the Zoning Ordinance (Map) of the City of Laredo by rezoning

Blocks 14, 46, and 75, Eastern Division and those portions of Willow St. and Cedar Ave. which were previous public right-of-ways, located at 420 Logan Ave., from M-1 (Light Manufacturing District) to M-2 (Heavy Manufacturing District).  The Planning and Zoning Commission has recommended denial of the proposed zone change.

 

INTRODUCTION OF AN ORDINANCE

Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Blocks 14, 46, and 75, Eastern Division and those portions of Willow St. and Cedar Ave., which were previous public right-of-ways, located at 420 Logan Ave., from M-1 (Light Manufacturing District) to M-2 (Heavy Manufacturing District); providing for publication and effective date.

 

                 Motion to postpone until the meeting of September 17, 2001.

 

                 Moved:  Cm.  Galo

                 Second:  Cm.  Amaya

                 For:     7                                          Against:  0                                            Abstain:  0

                 Cm.  Ramirez was not present. 

 

5.  Public hearing amending the Zoning Ordinance (Map) of the City of Laredo by rezoning

8.795 acres out of Lot 3, Block 1, Del Mar North Filing No. One, as further described by metes and bounds, located at 302 Eden Ln., from R-2 (Multi-Family Residential District) to B-3 (Community Business District).  The Planning and Zoning Commission has recommended approval of the proposed zone change.

 

INTRODUCTION OF AN ORDINANCE

Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning 8.795 acres out of Lot 3, Block 1, Del Mar North Filing No. One, as further described by metes and bounds, located at 302 Eden Ln., from R-2 (Multi-Family Residential District) to B-3 (Community Business District; providing for publication and effective date.

 

     Motion to open the public hearing.

 

                 Moved:  Cm.  Bruni

                 Second:  Cm.  Agredano

                 For:     7                                          Against:  0                                            Abstain:  0

                 Cm.  Ramirez was not present.

 

                 There was no public input.

 

                 Motion to close the public hearing and introduce.

  

Moved:  Cm.  Guerra

                 Second:  Cm.  Bruni

                 For:     7                                          Against:  0                                            Abstain:  0

 

                 Ordinance Introduction:  Cm.  Guerra

 

6.  Public hearing amending the Zoning Ordinance (Map) of the City of Laredo by rezoning

the south 128 ft. of Lot 8, Block 1343, Eastern Division, located at 2302 Cortez St., from R-3 (Mixed Residential District) to B-4 (Highway Commercial District).  The Planning and Zoning Commission has recommended denial of the proposed zone change.

 

INTRODUCTION OF AN ORDINANCE

Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning the south 128 ft. of Lot 8, Block 1343, Eastern Division, located at 2302 Cortez St., 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.  Bruni

                 Second:  Cm.  Agredano

                 For:     7                                          Against:  0                                            Abstain:  0

 

                 Alicia Lopez, property owner, stated that she is requesting a B-3 zone change instead of a B-4 zone change.

  

                 Keith Selman, Planning and Zoning Director, reported that staff would not support a B-3 designation at this location. 

 

Motion to close the public hearing and concur with staff recommendations to oppose the proposed zone change.

 

                 Moved:  Cm.  Galo

                 Second:  Cm.  Bruni

                 For:     7                                          Against:  0                                            Abstain:  0

                 Cm. Ramirez was not present.

   

7.  Public hearing amending the Zoning Ordinance (Map) of the City of Laredo by rezoning

Tract 4, William Bejarano Plat, located at 3520 E. Saunders St., from B-3 (Community Business District) to B-4 (Highway Commercial District).  The Planning and Zoning Commission has recommended approval of the proposed zone change.

 

INTRODUCTION OF AN ORDINANCE

Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Tract 4, William Bejarano Plat, located at 3520 E. Saunders St., from B-3 (Community Business District) to B-4 (Highway Commercial District); providing for publication and effective date.

 

     Motion to open the public hearing.

 

                 Moved:  Cm.  Agredano

                 Second:  Cm.  Bruni

                 For:     7                                          Against:  0                                            Abstain:  0

                 Cm.  Ramirez was not present.

 

                 There was no public input.

 

Motion to close the public hearing, concur with staff and introduce with the stipulation to remove the old tires from the location.

 

                 Moved:  Cm.  Bruni

                 Second:  Cm.  Agredano

                 For:     7                                          Against:  0                                            Abstain:  0

                 Cm.  Ramirez was not present.

 

                 Ordinance Introduction:  Cm. Bruni 

 

8.  Public hearing amending the Zoning Ordinance (Map) of the City of Laredo by rezoning

2.0 acres, as further described by metes and bounds, located west of Hwy. 83 and north of Masterson Rd., from B-3 (Community Business District) to B-4 (Highway Commercial District).  The Planning and Zoning Commission has recommended approval of the proposed zone change.

 

INTRODUCTION OF AN ORDINANCE

Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning 2.0 acres, as further described by metes and bounds, located west of Hwy. 83 and north of Masterson Rd., from B-3 (Community Business District) to B-4 (Highway Commercial District); providing for publication and effective date. 

 

     Motion to open the public hearing.

 

                 Moved:  Cm.  Bruni

                 Second:  Cm.  Agredano

                 For:      7                                         Against:  0                                            Abstain:  0

 

                 There was no public input.

 

                 Motion to close the public hearing and introduce.

 

                 Moved:  Cm.  Agredano

                 Second:  Cm.  Bruni

                 For:      5                                         Against:  0                                            Abstain:  0

                 Cm.  Ramirez, Cm.  Galo, and Mayor Pro Tempore E. Valdez, Jr. were not present.

 

                 Ordinance Introduction:  Cm.  Agredano

 

9.  Public hearing amending the Zoning Ordinance (Map) of the City of Laredo by

authorizing the issuance of a Special Use Permit for a sexually oriented business on Lot 1, Block 11, Unitec Industrial Center Subdivision, Phase 2, located at 13502 Regional Drive.  The Planning and Zoning Commission has recommended approval of the proposed zone change.

 

INTRODUCTION OF AN ORDINANCE

Amending the Zoning Ordinance (Map) of the City of Laredo by authorizing the issuance of a Special Use Permit for a sexually oriented business on Lot 1, Block 11, Unitec Industrial Center Subdivision, Phase 2, located at 13502 Regional Drive; providing for publication and effective date.

 

Mayor Flores stated that the City Council wished to postpone this item until the Legal Department could conduct adequate research over the restrictive covenant issue.  She commented that the deed restrictions are very clear and the City Council could not take action against the deed restrictions. 

 

Cm. Guerra stated that he was ready to move forward with discussion over this item.

 

Mayor Flores stated that City Council would not open the public hearing.

 

Cm. Guerra stated that he wanted to hear from the attorneys present at the meeting and would like to inform the public that City Council would not take action on this item at this time.  He suggested opening the public hearing and holding discussion over the item. 

 

Cm. Bruni inquired whether City Council is permitted to deny a conditional use permit when the question involves a particular deed restriction. 

 

Valeria Acevedo, Assistant City Attorney, reported that historically, the Legal Department does not serve as intermediary over a restrictive covenant issue disputed by private property owners.  

 

Cm. Guerra emphasized that the City Council should be allowed to decide whether it wanted to go forward with this application and if not, the City Council should make a decision at this meeting and not postpone it any longer.

 

Motion to open the public hearing.

 

Moved:  Cm. Guerra

Second:  Cm. J. Valdez, Jr.

For:     7                                          Against:  0                                            Abstain:  0

Cm. Ramirez was not present.

                   

Frank Barrera, on behalf of the Dynamic Publishing & Distributing, L.L.C., spoke in favor of the issuance a special use permit to the applicant.  He stated that his client has complied with all requirements under the city ordinance. 

 

Cm. Galo stated that this item is not a platting issue that merely requires compliance of city ordinance.  He mentioned that this request is more of a subjective issue that City Council has the right to approve or disapprove.

 

Keith Selman, Planning and Zoning Director, reported that the request is a zoning overlay and confirmed that the issue went before the Planning and Zoning Commission and it received support for the proposed use.

 

Cm. Bruni inquired whether the City Council is bound by law to grant this special use permit.

 

Valeria Acevedo mentioned that but for this issue of the restrictive covenant, the decision to authorize a permit would be a clear-cut decision by City Council.

 

Cm. Bruni stated that he would like a legal opinion on this issue and that he is adamantly opposed to the establishment. He further stated that City Council should postpone voting on this item until the next City Council meeting.

 

Motion to postpone the item until the next City Council meeting.

             

Moved:  Cm. Bruni

Second:  Cm. Guerra

For:             4                                  Against:  3                                            Abstain:  0

Cm. Agredano                                 Mayor Pro Tem E. Valdez, Jr.

Cm. Bruni                                        Cm. Guerra

Cm. Galo                                         Cm. J. Valdez, Jr.

Cm.  Amaya                                   

Cm. Ramirez was not present.

  

10.  Public hearing and Second Reading to authorize the granting to Jerry Resendez

Enterprises, Inc., a Texas Corporation, a non-exclusive franchise to construct, maintain and operate a commercial container refuse gathering and disposing services in the City of Laredo, Texas and providing the terms, conditions, obligations, and limitations upon and under which franchise shall be exercised; providing indemnity to the City; City retains authority to regulate rates except for rate increase resulting from increased landfill fee which are passed on to the customer; providing for increased service rates; providing for franchise payments; and providing for severability. 

 

INTRODUCTION OF AN ORDINANCE

Authorizing the granting to Jerry Resendez Enterprises, Inc., a Texas Corporation, a non-exclusive franchise to construct, maintain and operate a commercial container refuse gathering and disposing services in the City of Laredo, Texas and providing the terms, conditions, obligations, and limitations upon and under which franchise shall be exercised; providing indemnity to the City; City retains authority to regulate rates except for rate increase resulting from increased landfill fee which are passed on to the customer; providing for increased service rates; providing for franchise payments; and providing for severability. 

 

Motion to open the public hearing.

 

                   Moved:  Cm.  Amaya

                   Second:  Cm.  J. Valdez, Jr.

                   For:     5                                        Against:  0                                            Abstain:  0

           

                   Cm.  Ramirez, Cm. Galo, and Mayor Pro Tempore E. Valdez, Jr. were not present.

 

                    Marcel Notzon, III, attorney, stated he met with attorney Ray Rodriguez earlier and all the information and documentation required has been submitted to City Council and that Mr. Resendez has agreed not to operate until final approval of the franchise is provided by City Council.

 

                    Cm. Guerra stated that he wanted to resolve an issue regarding the open containers and would like to hear from the Legal Department on the matter.

                  

                    Marcel Notzon stated that Mr. Rodriguez’s client has agreed to refrain from operating until the permit and ordinance are approved. 

 

                    Valeria Acevedo, Assistant City Attorney, stated that the Legal Department has received the same assurance from Mr. Resendez’s legal counsel. 

 

                   Motion to close the public hearing and introduce.

 

                   Moved:  Cm.  Bruni

                   Second:  Cm.  Agredano

                   For:     5                                        Against:  0                                            Abstain:  0

       Cm.  Ramirez, Cm.  Galo and Mayor Pro Tempore E. Valdez were not present.

 

                   Ordinance Introduction:  City Council

 

VIII.    GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS

 

11.  A.  Request by Council Member Alfredo Agredano

 

1.  Discussion with possible action to confiscate vehicles which are illegally

     dumping trash within the city limits and amend the ordinance as such.

 

     Eliodoro Granados, Assistant Police Chief, stated that according to the Code of Criminal Procedure, the department is only allowed to confiscate vehicles when it involves the commission of a felony offense.

 

     Valeria Acevedo, Assistant City Attorney, stated that the Legal Department would be able to construct an ordinance that would allow peace officers to confiscate said vehicles. 

 

     Mayor Pro Tem E. Valdez, Jr. stated that he would encourage staff to work on an ordinance in order to deter individuals from doing this. 

 

     Valeria Acevedo, Assistant City Attorney, stated that staff would have a draft ordinance prepared by the end of September. 

    

2.  Discussion and possible action to award the Veteran's Coalition an additional 

$10,000.00 through Third Party Funding.  (Co-Sponsored by Council Member Jose A. Valdez, Jr.)

 

Motion to award the Veteran’s Coalition an additional $10,000.00 through Third Party Funding.

 

Moved:  Cm.  Agredano

Second:  Cm.  J.  Valdez, Jr.

For:     6                              Against:  0                                            Abstain:  0

Cm.  Ramirez and Cm. Galo were not present.

 

3.  Status report on creek clean-up in Century City.

 

     Tomas Ochoa, Municipal Court Clerk, reported that this is an ongoing case at Municipal Court.   The Legal Department is presently working with the defendant on this particular matter. 

 

     Cm. Agredano inquired whether the existing ordinance calls for the person in violation to be cited.  He inquired if once the individuals are cited and they do not comply, could the City go ahead and clean up the area. 

 

     Tomas Ochoa replied that the City could go unto the property and clean up the area and then proceed with imposing a lien on the property.  He also stated that they are looking into a new House bill that recently passed which will be a more stringent criminal law pertaining to dumping that will charge an individual with a misdemeanor offense. 

 

Cm. Ramirez arrived at 6:50 p.m.

 

                 B.  Request by Council Member Louis H. Bruni

 

1.  Discussion and possible action regarding the amount of money due to the City

Laredo by Webb County pursuant to the Texas Transportation Code Section 502.173 (f), (g), and (h) payable under Child Safety Fees as provided by the Code of Criminal Procedure section 102.014 which are collected by the County for the registration of motor vehicles.

 

Mayor Flores informed the City Council that a check in the amount of $454,199.93 was received for the fees due to the City of Laredo. 

 

Cm. Bruni mentioned that one of the county administrators made a comment to a member of the City’s management that Webb County would no longer collect these fees.    He stated that this item was on the Commissioners Court agenda and he would like to know what action took place this morning at their meeting.

 

Cm. J. Valdez, Jr. inquired as to the length of time that the City was waiting for this money to be disbursed by Webb County.

 

Rosario Cabello, Finance Director, reported that these monies began generating back in 1998.  In 1998, the amount owed to the City was $103,074.00, and it accumulated through 1999, 2000, and 2001. 

           

   C.  Request by Council Member Jose A. Valdez, Jr.

 

1.  Discussion with possible action regarding truck routes in District VII and

     violations therein.

 

     Tommy Ochoa, Municipal Court Clerk, reported that truck route violations are everyday occurrences.  He could not provide details on the specific incident on the Lafayette St. area. 

 

     Cm. J. Valdez, Jr. inquired whether the department retained records of citations issued to certain individuals or companies.

 

     Tommy Ochoa replied that they have a database that could provide a driving record history of the number of times an individual or company has been cited in the past. 

 

     Cm. J. Valdez, Jr. inquired whether an ordinance could be drafted.

 

     Tommy Ochoa replied that the enforcing mechanism applied is a city ordinance and that said ordinance allows Municipal Court to impose a $500.00 maximum fine for this type of violation.

 

2.  Discussion with possible action regarding Third Party Funding for the Children's

International Advocacy Center and consideration to fund $60,000.

(Co-sponsored by Council Member Louis Bruni)

 

Cm. Galo commented that he wished to clarify certain remarks printed in the newspaper in connection with his position for additional funding to the Center.  He stated that he has a problem with agencies demanding approval of their entire requests for funding.  He stated that all the agencies are deserving of funds but the process has become very political. 

 

Cm. J. Valdez, Jr. stated that he does not deny the service provided to the organization by Cm. Galo and his wife.  However, he pointed out that there is a committee in place that approved the funding amount request of $50,000.00.

 

Cm. Agredano stated that this is not a matter of funding.  He mentioned that if the organization does in fact have problems, then the governing board should resolve those problems. 

 

Motion to fund $60,000.00 to the Children’s International Advocacy Center from the Third Party Funding.

 

Moved:  Cm.  J.  Valdez, Jr.

Second:  Cm.  Bruni

For:     6                              Against:  1                                            Abstain:  0

                                           Cm.  Galo

Cm. Ramirez was not present.

 

3.  Discussion with possible action regarding the flooding situation in Deerfield

     Subdivision.

 

     Raul Perales representing Fasken Group stated that approximately two inches of rain fell on their ranchland in less than one hour.  He mentioned that this caused some water damage to some homes in the Deerfield subdivision.  Thanks to the quick response and reaction by the City, there was only minimal damage to that area.  The Fasken Group contracted with Mejia Engineering to develop a plan to prevent this reoccurrence.  

                                   

                             Joe Guerra, Public Works Director, reported that they received the plans from Mejia Engineering earlier today and the crews will start tomorrow with work to that area in order to alleviate the flooding problem.

 

                             Mayor Pro Tem E. Valdez, Jr. inquired whether the work to be done at this site   would eventually be tied in to the Master Plan for flood control. 

 

                             Larry Dovalina, City Manager, replied that the swell to be constructed at this location is a temporarily swell to alleviate flooding problems.

                                   

IX.       INTRODUCTORY ORDINANCES

 

12.  An ordinance authorizing the City Manager to execute all necessary documents to

effectively convey fee simple title to the "Surface Only", at its adjusted market value of $11,681.00, for certain property described as a 15,434.00 sq. ft., more or less, tract of land out of that former section of the 2200 block of Cleveland and Street between Bartlett and Jarvis Avenues to Jesse J. Martinez, Hector F. Martinez and Jorge R. Martinez provided that the City of Laredo retains a 15 foot wide utility easement; said tract being situated in the Eastern Division, City of Laredo, Webb County Texas; being described as Exhibit "A" and hereby approving the submitted Improvement Plan as described on Exhibit "B", and which is in compliance with Section 10 of the Street Closing/Sales Policy Handbook, as approved per Resolution No. 97-R-140; and providing for an effective date.

Ordinance Introduction:  City Council

 

13.  An ordinance authorizing the City Manager to execute all necessary documents to

effectively convey fee simple title to the "Surface Only", at its market value $19,158.00 for certain property described as a 5,473.70 sq. ft. tract of land, more or less, out that former section of the 2900 block of South Buena Vista Avenue between Norton and the East right-of-way line of US Highway 83, situated in the Eastern Division, City of Laredo, Webb County, Texas, being generally described on attached Exhibit "A" to Mr. Oscar Ramirez; and providing for an effective date.

 

Ordinance Introduction:  City Council

 

X.        FINAL READINGS OF ORDINANCES

 

                Internet Availability: //www.ci.laredo.tx.us

 

Motion to waive the final readings of Ordinances 2001-O-188, 2001-O-189, 2001-O-190, 2001-O-191, 2001-O-192, 2001-O-193, 2001-O-194, 2001-O-195, 2001-O-196 and 2001-O-197.

 

Moved:  Cm.  Bruni

Second:  Cm.  Agredano

For:     8                                               Against:  0                                            Abstain:  0

 

14.  2001-O-188  Amending the City of Laredo FY 2000-2001 Annual

Budget in the amount of $10,000.00 realized in the retainage settlement with Ramex Construction Company regarding the Laredo Main Library Project, providing for effective date.

 

Motion to adopt Ordinance # 2001-O-188.

 

Moved:  Cm.  Galo

Second:  Cm.  Bruni

For:     8                               Against:  0                                Abstain:  0

 

 2001-O-189  Amending the City of Laredo Fiscal Year 2001 General Fund Annual

    Budget for the Cemetery by appropriating revenues and expenditures in

    the amount of $46,320.00 for the purpose of acquiring a Backhoe 416D

    BFP Caterpillar, through a Lease Purchase Agreement and authorizing the

    City Manager to implement said budget amendment.

 

Motion to adopt Ordinance # 2001-O-189.

 

Moved:  Cm.  Galo

Second:  Cm.  Bruni

For:     8                               Against:  0                                Abstain:  0

                                   

2001-O-190  Authorizing the City Manager to accept and execute all documentation for

a grant from the Texas Department of Health in the amount of $39,000.00 for the Chronic Disease Prevention Program, Breast and Cervical Cancer Control Project (BCCCP), of the City of Laredo Health Department for the period beginning September 1, 2001, through August 31, 2002, and amending the City of Laredo FY 2000-2001 budget in the amount of $39,000.00.

 

Motion to adopt Ordinance # 2001-O-190.

 

Moved:  Cm.  Galo

Second:  Cm.  Bruni

For:     8                               Against:  0                                Abstain:  0

 

2001-O-191  Amending the City of Laredo Fiscal Year 2001 Recreation Fund annual

budget by appropriating revenues and expenditures in the amount of $27,061.00 for the administration of recreation programs and authorizing the City Manager to implement said budget amendment.

 

Motion to adopt Ordinance # 2001-O-191.

 

Moved:  Cm.  Galo

Second:  Cm.  Bruni

For:     8                               Against:  0                                Abstain:  0

 

2001-O-192  An ordinance authorizing the City Manager to grant a Right-of-Entry

Permit to the U. S. Department of the Army Corps of Engineers, in order to delineate the extent of a former landfill adjacent to the Los Presidentes Subdivision, and to characterize its waste.  Said former landfill being out of an 11.081 acre tract situated in Porcion 32, City of Laredo, Webb County, Texas, as described on attached Exhibit "A"; and providing for an effective date.

 

Motion to adopt Ordinance # 2001-O-192.

 

Moved:  Cm.  Galo

Second:  Cm.  Bruni

For:     8                               Against:  0                                Abstain:  0

 

       2001-O-193  An ordinance authorizing the City Manager to grant a Right-of-Entry

    Permit to the U. S. Department of the Army Corps of Engineers, in order

    to check for surface soil contamination at an abandoned railroad spur on

    Vidaurri Avenue.  Said railroad spur extending on Vidaurri Avenue from

    Moctezuma to Jefferson Streets, as described on attached Exhibit "B"; and

    providing for an effective date.

 

Motion to adopt Ordinance # 2001-O-193.

 

Moved:  Cm.  Galo

Second:  Cm.  Bruni

For:     8                               Against:  0                                Abstain:  0

 

 

  2001-O-194  An ordinance amending Chapter 19, Motor Vehicle and Traffic, Article

    VIII, Stopping, standing or parking, of the Code of Ordinances, City of

    Laredo: specifically creating Section 19-364; restricted parking areas,

    establishing certain tow-away areas within the Central Business District

    and providing for effective date and publication.

 

Motion to adopt Ordinance # 2001-O-194.

 

Moved:  Cm.  Galo

Second:  Cm.  Bruni

For:     8                               Against:  0                                Abstain:  0

 

2001-O-195  An ordinance authorizing the City Manager to amend Chapter 14,

Garbage, Trash & Refuse, Article I, Section 14-1, Definitions; also Article II, Section 14-9, Rates, subsection (c) by deleting subparagraph (c)(4); adding subsection (d) Special Event Fee; deleting portions of subsection (e) garbage and mandate fees schedule, by changing the square footages and adjusting the rates for garbage collection; adding subsection (f) commercial establishments exclusions; adding subsection (g) Appeals Process; and amending subsections h to m to alphabetize each subsection correctly; providing for severability, effective date and publication.

 

Motion to adopt Ordinance # 2001-O-195.

 

Moved:  Cm.  Galo

Second:  Cm.  Bruni

For:     8                               Against:  0                                Abstain:  0

 

2001-O-196  An ordinance adopting Section I, Article 102.075, Texas Code of Criminal

Procedure, by amending subsection (m) and adding subsection (n) as amended `by Senate Bill 1421.  "Court Cost; Juvenile Crime and Delinquency Fund and Criminal Justice Center Fund; and amending the Code of Ordinances, Chapter 20, Section 20-37 by adding Subsection (E); and providing for sever ability, effective date and publication.

 

Motion to adopt Ordinance # 2001-O-196.

 

Moved:  Cm.  Galo

Second:  Cm.  Bruni

For:     8                               Against:  0                                Abstain:  0

 

2001-O-197  An ordinance adopting Texas Code of Criminal Procedure Article

102.014(c), Court Costs for Child Safety Fund in Municipalities as amended by House Bill 374 and adopting Article 102.014(g) Court Costs for Child Safety fund in Municipalities and Amending the Code of Ordinances, Chapter 20, Section 20-37, by adding subsection (d); providing for severability, effective date and publication.

 

 

 

Motion to adopt Ordinance # 2001-O-197.

 

Moved:  Cm.  Galo

Second:  Cm.  Bruni

For:     8                               Against:  0                                Abstain:  0

 

XI.       MOTIONS

 

15.  Consideration to authorize the City Manager to execute an Occupational Health Clinic

Physician Contract number FY 01-124 between the City of Laredo and David Cruz, M.D. to provide medical services as the City of Laredo's designated physician for the Occupational Health Clinic located at 5512 Thomas.  Estimated amount of the contract is approximately $25,000 for the next fiscal year.

 

Motion to approve.

 

Moved:  Cm.  Bruni

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Abstain:  0

 

16.  Consideration for approval of the proposed FY 2001-2002 Street Recycling Project

(132.5 Blocks), authorization to develop plans and specifications and advertise the project for bids.

 

Motion to approve.

 

Moved:  Cm.  Bruni

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Abstain:  0

 

17.  Consideration to authorize the selection of a consultant and enter negotiations for the

Ryan Street railroad bridge conversion and Zacate Creek pedestrian and bicycle facility project.  The consultant recommended for selections is Land Design Studio & Parsons Brinckerhoff  Team.  The city's contribution of $142,800 is available through the community development block grant (CDBG).

 

Motion to approve.

 

Moved:  Cm.  Bruni

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Abstain:  0

 

18.  Consideration to award a construction contract to the LOW BIDDER, SER

Construction Partners, LTD., Houston, Texas, in the bid amount of $632,719.00 for the Bartlett Avenue Extension (Hillside Road to Gale Street).  Funding is available in the 2000 C.O. Issue Bartlett/Hillside to Gale.

 

Motion to postpone. 

 

 

Moved:  Cm.  Bruni

Second:  Cm.  Galo

For:     7                                        Against:  0                                            Abstain:  1

                                                                                                                 Cm.  Guerra

XII.     STAFF REPORTS

 

19.  Presentation of Chacon Creek Flood Mitigation Master Plan & Capital Improvement

Projects (CIP) by Carter & Burgess, Inc. Fort Worth, Texas.  The project includes the review of the Brown & Root study, Phase 1 Environmental Site Assessment (ESA), funding applications to the state & federal agencies, initial design developments, corridor master plan and also the 5-year CIP Plan.  The total project cost will be $452,070.00.  Funding for the project is available in the NPDES fund.

 

Kevin Conner, Project Manager for Carter & Burgess, made a presentation before City Council.

     Project Overview

 

v     Multi-Objective Approach

 

Ø      Address Flood Concerns

Ø      Transform Chacon Creek into a useable place for people

Ø      Synthesize Hike/Bike links

Ø      Create Wildlife Habitat

 

v     Change in the 100-year Floodplain

 

Ø      More development increased runoff in watershed

Ø      Increased runoff enlarged the floodplain

 

Project Overview Process

 

v     Develop Chacon Creek Master Plan

 

Ø      A development plan addressing the different program elements

for the creek

 

v     Research Project Funding

 

Ø      Research regarding different funding sources

Ø      Federal, State, Local sources

Ø      Database that the City can use to obtain funding to build the

Master Plan

 

Master Plan Process

 

v     Examine existing conditions of Chacon Creek

v     Propose a program of potential improvements

v     Synthesize Master Plan that addresses both existing conditions and

potential improvements

 

Larry Dovalina, City Manager, stated that the City has done, in succession, the initial storm water management plan for Chacon Creek and Zacate Creek and is now in the process of including Manadas Creek.  He mentioned that City staff has gone back to do a Capital Improvement Plan for Chacon Creek and has been very active in the Zacate Creek area.  He stated that staff would be bringing to City Council a proposal to do Zacate Creek but which will address other concerns in Zacate Creek. 

 

Mayor Pro Tem E. Valdez, Jr. mentioned that he has been waiting for the study by Brown and Root to see whether the flood plain lines would be changing.  He inquired as to whether increasing the flow in the Chacon Creek area will show improvement to the Zacate Creek area as well.

 

Kevin Conner replied that he could not guarantee that solving the flooding problems in Chacon Creek would necessarily solve the flooding problems at  Zacate Creek because they are two separate watersheds.

 

Motion to approve.

 

                   Moved:  Cm.  Bruni

                   Second:  Cm.  Galo

                   For:     8                                        Against:  0                                            Abstain:  0

           

20.  Update report with possible action on the status of the Secondary Water Supply

       Project.

 

        Fernando Roman, Utilities Director, reported that his report from last time had to do with the decision taken by two of the companies: United Water and H. B. Zachry with respect to the Request for Proposals.  United Water has advised him that they would submit a full proposal in 90 to 120 days.  H. B. Zachry advised him that they were working on the proposal, although the source would not answer their questions until September 15th.  Since then, he has met with U.S. Filter and with representatives of the Killam interests and they informed him that U. S. Filter would not respond to the Request for Proposals as proposed.  The Killam interests mentioned that what they would suggest the City do is to come to the table to buy an option for their water and then the City may develop the project as it chooses.  Mr. Roman recommended that the City proceed with re-issuance of the Request for Proposals since they have two apparent bidders and to give them the 90 to 120 day window requested for preparation of the Request for Proposals.   

 

XIII.    EXECUTIVE SESSION

 

The City Council hereby reserves the right to go into executive session at any time during this public meeting, when it deems it necessary to consult privately with its attorney about any item upon this agenda, pursuant to the provisions of Section 551.071(2) of the Texas Government Code.

 

21.  Request for Executive Session pursuant to Texas Government Code Section 551.072 in

regards to deliberating the purchase, exchange, lease of real property in the vicinity of the Riverfront Project, because deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person; and return to Open Session for possible action.

 

Motion to go into Executive Session pursuant to Texas Government Code Section 441.072 in regards to deliberating the purchase, exchange, lease of real property in the vicinity of the Riverfront Project, because deliberation in an open meeting would have a detrimental effect on the position of the governmental body in the negotiations with a third person; and return the Open Session for possible action.

 

Moved:  Cm.  Amaya

Second:  Cm.  J.  Valdez, Jr.

For:     8                                        Against:  0                                            Abstain:  0

 

After Executive Session, Mayor Flores announced that no formal action was taken. 

 

XIV.    RECESS AND CONVENE AS THE LAREDO MASS TRANSIT BOARD

 

            Motion to recess as City Council and convene as the Laredo Mass Transit Board.

 

            Moved:  Cm.  Bruni

            Second:  Cm.  Amaya

            For:     8                                               Against:  0                                            Abstain:  0

 

22.  Consideration to waive the Bus Fare Collection during Try Transit Week, on

September 12, 2001.  This action will give El Metro an opportunity to attract new customers and support this community event.  The estimated revenue loss will be $6,700.00.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

Motion to adjourn as Mass Transit Board and reconvene as the Laredo City Council.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

XV.      RECESS AND CONVENE AS THE LAREDO CITY WATER LOCAL         GOVERNMENT CORPORATION

 

            Motion to recess as City Council and convene as the Laredo City Water Local  Government Corporation.

 

            Moved:  Cm.  Bruni

            Second:  Cm.  Amaya

            For:     8                                               Against:  0                                            Abstain:  0

 

23.  Consideration to reject the proposal by United Water for the development of a water

       supply project and re-advertise the Request for Proposal.

 

       Motion to approve.

 

       Moved:  Cm.  Bruni

       Second:  Cm.  Amaya

       For:     7                                        Against:  1                                            Abstain:  0

                                                            Cm.  Guerra

 

Motion to adjourn as the Laredo City Water Local Government Corporation and reconvene as the Laredo City Council.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

XVI.    ADJOURNMENT

 

            Motion to adjourn.                                                                                    Time:  8: 20 p.m.

 

            Moved:  Cm.  Guerra

            Second:  Cm.  Amaya

            For:     8                                               Against:  0                                            Abstain:  0

 

I, Gustavo Guevara, Jr., City Secretary, hereby certify that the above minutes contained in pages 01 through 21 are true, complete and correct proceedings of the City Council meeting held on the 27th day of August, 2001.

 

                                                                                    ________________________________

                                                                                    Gustavo Guevara, Jr.

                                                                                    City Secretary