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.
With a quorum present, Mayor
Elizabeth G. Flores called the meeting to order.
Mayor Elizabeth G. Flores led in the Pledge of Allegiance.
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
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
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.
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
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
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
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.
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
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