CITY OF LARED

CITY COUNCIL MEETING

M2003-R-023

CITY COUNCIL CHAMBERS

1110 HOUSTON STREET

LAREDO, TEXAS 78040

DECEMBER 1, 2003

5:30 P.M.

 

I.          CALL TO ORDER

           

            With a quorum present, Mayor Elizabeth G.  Flores called the meeting to order.

II.        PLEDGE OF ALLEGIANCE

 

            Mayor Flores led in the Pledge of Allegiance.

III.       ROLL CALL

 

            In attendance:

 

            Elizabeth G.  Flores,                                                                 Mayor

            Alfredo Agredano,                                                                    Council Member, District I

            Hector Garcia,                                                                          Council Member, District II

            John C.  Galo,                                                                          Mayor Pro Tempore, District III

            Johnny Amaya,                                                                         Council Member, District IV

            Eliseo Valdez, Jr.,                                                                     Council Member, District V

            Gene Belmares,                                                                        Council Member, District VI

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

            Juan Ramirez,                                                                           Council Member, District VIII

            Gustavo Guevara, Jr.,                                                               City Secretary

            Larry Dovalina,                                                                         City Manager

            Cynthia Collazo,                                                                       Assistant City Manager

            Jaime Flores,                                                                            City Attorney

 

IV.       MINUTES

 

            Approval of the minutes of October 6, 2003 and October 20, 2003.

 

            Motion to approve.

 

            Moved:  Cm.  Agredano

            Second:  Cm.  Amaya

            For:     7                                               Against:  0                                            Abstain:  0

 

            Cm.  E.  Valdez was not present.

 

 

 

V.        COMMUNICATIONS AND RECOGNITIONS

 

            Announcements

 

            None.

 

            Invitations

            a.  Invitation by United High School Choir to their 16th Annual Madrigal Dinner on       

                 December 6 and 7, 2003 at United High School.

 

Dr.  Foster, Choir Director for United High School, addressed Mayor Flores and City Council thanking them for their continued support.  He invited Council and the viewing public to attend the 16th Annual Madrial Dinner on December 6th and 7th at United High School.  He added that the yearly event was held to raise monies for scholarships.      

 

            Recognitions

 

            None.

 

            Communiqués

 

Cm.  Ramirez congratulated the Nixon Mustangs for being District and Bi-District Champs.  He also congratulated staff at the Laredo Civic Center, Laredo Police Department, Parks and Recreation Department, and the Traffic Department for beautifying the Civic Center area.  He hoped that all families had a wonderful Thanksgiving.

 

Cm.  J.  Valdez said he hoped all individuals had a great Thanksgiving.  He thanked the City of Laredo Public Works Department for all the work they have done in District VII.   He also thanked the Parks and Recreation Department for their work to the Father McNaboe Park.   

 

Cm.  Belmares wanted to wish everyone a safe return from their Thanksgiving Day traveling.   He commended the Utilities Department and the Engineering Department for their response to an on-going situation in north Laredo.  He said their professionalism is what people remember when they leave the site.  Lastly, he wished his wife a Happy 13th Anniversary.

 

Cm.  Amaya thanked the Laredo Police Department, the Laredo Fire Department, and the Projects Committee from District IV for assisting him in distributing over 100 turkeys to needy families.  He also mentioned a steak plate sale held to raise money to provide Christmas toys to more than 200 children in his district. 

 

Mayor Pro Tempore John Galo wished everyone a Happy Holidays.  He thanked the Laredo Police Department and the Laredo Fire Department for an uneventful Thanksgiving Holiday.  He encouraged individuals to enjoy the remaining holiday season by having patience with one another.  He asked businesses to hire additional personnel to assist with cleaning the debris in their parking lots during the holiday season.  

 

Cm.  Garcia thanked the City Manager and his staff for the work they have done throughout the year.  He hoped that everyone had a great Thanksgiving Day.  He also said that he is thankful for the relationship that he has with the other Council Members.  He admires their commitment to their districts.  He also said the Mayor is a true lady who has a passion for Laredo and the children of Laredo.  He acknowledged her great leadership.  Finally, he mentioned the blessing of his mom being released from the hospital in time to enjoy Thanksgiving with the family.  He thanked the Mayor, Assistant City Manager, and staff for working on the bridge application.  Finally, he thanked his committee members for helping him distribute turkeys in District II.  

 

Cm.  Agredano thanked Horacio De Leon, Parks and Recreation Director, and his staff for installing lights at the George Washing Park.  He also thanked Gloria Weber from the Hamilton Trophy Shop for inviting him to the 5 K Guajolote Run.  Finally, he wished his daughter Yesenia a Happy Birthday.

 

Mayor Flores read the following correspondence:

 

“I am writing this letter to share an experience of what a child protective service employee encountered on October 29, 2003.  Juan Carlos Reiner, Child Protective Specialist, contacted your Police Department to request assistance.  He was in a precarious situation and needed assistance in securing the safety of six children.  Officers Walter Gonzalez, Xavier Gonzalez, and Wesley Paredes responded to the call and promptly assisted Mr.  Reiner.  Fortunately the situation was controlled and we were able to secure the safety of the children we were working with.  On behalf of Mr.  Reiner and the Child Protective Services I want to express my sincerest appreciation for the assistance provided to us by your officers. 

 

Reda M. Garner with the Texas Department of Protective Services.”

 

Mayor Flores also congratulated Dr.  Gonzalez and his staff for acquiring a $5,000 grant to conduct a feasibility study and grant development training to develop a request for proposals for a federally qualified health center look alike.  She also discussed a copy of a newspaper in Switzerland that talks about a Laredo Buck Hockey player named Patrick Nelson.   She added that the Bucks are leading the Southwest Division and are averaging attendance of 6,000 per game. 

 

Cm.  E. Valdez asked everyone to keep the armed forces in their prayers.  He stressed the importance of thanking the troops and the Lord for this country. 

 

VI.       APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES

 

            a.  Laredo Convention & Visitors Bureau Advisory Committee

                 Macario Garcia - Hotel/Motel Representative   (Term ending January 2005)

                 Clema Owen - Hotel/Motel Representative      (Term ending December 2006)

                 David Roukey - Restaurant Representative     (Term ending January 2005)

                 Rene Arriaga - Business Representative         (Term ending January 2005)

 

                 Motion to approve the appointments.

 

                 Moved:  Cm.  Agredano

                 Second:  Cm.  Garcia

                 For:     8                                          Against:  0                                            Abstain:  0

           

VII.     PUBLIC HEARINGS

 

            1.  Public hearing and introductory ordinance authorizing the City Manager to amend the           

                 2003-2004 annual budget in the amount of $79,294.00 for the Laredo Multi-Agency                            Narcotics Task Force.  Funds will be used from generated program income to pay for                             overtime and benefits for twenty (20) task force officers for the period of October 1,                               2003 through March 30, 2004.  The use of program income was previously approved by          the Office of the Governor Criminal Justice Division through a grant adjustment dated          September 8, 2003.

 

                 Motion to open the public hearing and introduce.

 

                 Moved:  Mayor Pro Tempore Galo

                 Second:  Cm.  Agredano

                 For:      8                                         Against:  0                                            Abstain:  0

 

                 There was no public input.

 

                 Motion to close the public hearing and introduce.

 

                 Moved:  Cm.  Belmares

                 Second:  Mayor Pro Tempore

                 For:      8                                         Against:  0                                            Abstain:  0

 

                 Ordinance Introduction:  City Council

 

2.  Public hearing and introductory ordinance authorizing the City Manager to enter into an

agreement with the Texas Forest Service to accept a grant in the amount of $20,000.00 with a 50% local match for the hiring of a City forester with the Parks and Recreation Department and amend the City of Laredo FY 2003-2004 full time equivalent positions of the General Fund Park Maintenance Division from 69 to 70 and amend the City of Laredo FY 2003-2004 General Fund budget by appropriating revenues of $20,000.00 in the form of a grant from the Texas Forest Service and appropriating expenditures in the amount of $20,000.00.  Local match of $20,000.00 will be appropriated from General Fund reserves.

 

     Motion to open the public hearing and introduce.

 

                 Moved:  Mayor Pro Tempore Galo

                 Second:  Cm.  Garcia

                 For:      8                                         Against:  0                                            Abstain:  0

 

                 There was no public input.

 

                 Motion to close the public hearing and introduce.

 

 

 

                 Moved:  Mayor Pro Tempore Galo

                 Second:  Cm.  Garcia

                 For:      8                                         Against:  0                                            Abstain:  0

 

                 Ordinance Introduction:  City Council

 

3.  Public hearing and introductory ordinance concerning an application by Home Mart, Inc.  

and East Royal Land, LC, Vinateria Ranch Company, Ltd. and Brothers Materials, Ltd., altering and extending the boundary limits of the City of Laredo, annexing additional territory of 419.1608 acres, more or less, located north of Highway 359 and approximately 3.2 miles east of the municipal landfill, as further described by metes and bounds in Attachment "A", specifically the Las Blancas Tract, providing for the effective date of the ordinance, authorizing the City Manager to execute a contract adopting a service plan for the annexed territory, and establishing the initial zoning of R-1A (Single Family Reduced Area District) for 66.8351 acres, B-3 (Community Business District) for 10.7918 acres, B-4 (Highway Commercial District) for 247.5606 acres, and M-1 (Light Manufacturing District) for 93.9733 acres. 

 

     Motion to open the public hearing and introduce.

 

                 Moved:  Mayor Pro Tempore Galo

                 Second:  Cm.  J.  Valdez

                 For:      8                                         Against:  0                                            Abstain:  0

 

Richard Haynes, representing several of the property owners, said he was there to answer any questions that the Council Members might have on their behalf.      

 

Carlos Zaffarini, representing T& T Fireworks, informed Council that the firework stand will be in violation if the annexation is approved; therefore, he asked them to grandfather their business and allow them to sell fireworks until their lease expires in seven years. 

 

Fire Chief Sosa stated that he needed some legal advice on this issue concerning Casa Rosita.   

 

Jaime Flores, City Attorney, advised that the sell of fireworks is an illegal non-conforming status and Conditional Use Permits are prohibited.  He noted that Council would need to change the ordinance. 

 

Cm.  Galo asked what the City can do for individuals that are locked in a contract. 

 

Jaime Flores, City Attorney, noted that he would have to look at the lease; however, it is between the two parties.    

 

Cm.  J.  Valdez asked staff if it was feasible to create an ordinance to assist individuals who face annexing problems.

 

Cm.  E. Valdez concurred with Cm.  J. Valdez by stating that he would like to explore options for problems that arise from annexing.    

 

 

 

Larry Dovalina, City Manager, said he understands the dilemma but noted that individuals should be cautious not to lock themselves in an agreement that will cause problems if the City annexes.  He said the City of Laredo is growing and has a very active annexation tract.  He further added that firework activity is prohibited inside the City limits and within 500 feet.  He asked the Council to consider the perception of the public if Council grandfathers businesses and allows them to violate an ordinance that is strictly enforced.    

 

Cm.  Garcia said he was not in agreement with allowing the businesses to sell fireworks within city limits. 

 

                 Motion to close the public hearing and introduce.

 

                 Moved:  Mayor Pro Tempore Galo

                 Second:  Cm.  Agredano

                 For:      8                                         Against:  0                                            Abstain:  0

 

                 Ordinance Introduction:  City Council

 

4.  Public hearing and introductory ordinance concerning an application by Las Misiones

General Partnership and Mr. A.R. Sanchez, altering and extending the boundary limits of the City of Laredo, annexing additional territory of 83.0116 acres, more or less, located south of Highway 359 and west of the municipal landfill, as further described by metes and bounds in Attachment "A", specifically the Las Misiones Tract, providing for the effective date of the ordinance, authorizing the City Manager to execute a contract adopting a service plan for the annexed territory, and establishing the initial zoning of R-1A (Single Family Reduced Area District).

 

     Motion to open the public hearing and introduce.

 

                 Moved:  Mayor Pro Tempore Galo

                 Second:  Cm.  Amaya

                 For:      8                                         Against:  0                                            Abstain:  0

 

                 There was no public input.

 

                 Motion to close the public hearing and introduce.

 

                 Moved:  Mayor Pro Tempore Galo

                 Second:  Cm.  J.  Valdez

                 For:      8                                         Against:  0                                            Abstain:  0

 

                 Ordinance Introduction:  City Council

 

5.  Public hearing and introductory ordinance concerning an application by Laredo Four

Winds and Mrs. Elaine Calk, altering and extending the boundary limits of the City of Laredo, annexing additional territory of 70.42 acres, more or less, located northeast of Eistetter Rd., as further described by metes and bounds in Attachment "A", specifically the McNary and Calk Tract, providing for the effective date of the ordinance, authorizing the City Manager to execute a contract adopting a service plan for the annexed territory, and establishing the initial zoning of R-1A (Single Family Reduced Area District). 

 

     Motion to open the public hearing and introduce.

 

                 Moved:  Mayor Pro Tempore Galo

                 Second:  Cm.  Amaya

                 For:      8                                         Against:  0                                            Abstain:  0

 

                 There was no public input.

 

                 Motion to close the public hearing and introduce.

 

                 Moved:  Mayor Pro Tempore Galo

                 Second:  Cm.  J.  Valdez

                 For:      8                                         Against:  0                                            Abstain:  0

 

                 Ordinance Introduction:  City Council

 

6.  Public hearing and introductory ordinance concerning an application by H.B. Zachry

Company and Wyer Family Trust, altering and extending the boundary limits of the City of Laredo, annexing additional territory of 256.66 acres, more or less, located east of Ejido Ave. and south of Eistetter Rd., as further described by metes and bounds in Attachment "A", specifically the Zachry Tract, providing for the effective date of the ordinance, authorizing the City Manager to execute a contract adopting a service plan for the annexed territory, and establishing the initial zoning of R-1A (Single Family Reduced Area District).

 

Motion to open the public hearing and introduce.

 

                 Moved:  Mayor Pro Tempore Galo

                 Second:  Cm.  Amaya

                 For:      8                                         Against:                                                Abstain:

 

                 There was no public input.

 

                 Motion to close the public hearing and introduce.

 

                 Moved:  Cm.  Belmares

                 Second:  Mayor Pro Tempore Galo

                 For:      8                                         Against:  0                                            Abstain:  0

 

                 Ordinance Introduction:  City Council

 

7.  Public hearing and introductory ordinance concerning an application by the City of

Laredo, altering and extending the boundary limits of the City of Laredo, annexing additional territory of 617.8277 acres, more or less, located along Highway 359 from the municipal landfill to approximately 4.5 miles east, as further described by metes and bounds in Attachment "A", specifically the Highway 359 Tract, providing for the effective date of the ordinance, adopting a service plan for the annexed territory, and establishing the initial zoning of R-1 (Single Family Residential District). 

 

Motion to open the public hearing and introduce.

 

                 Moved:  Mayor Pro Tempore Galo

                 Second:  Cm.  Agredano

                 For:     8                                          Against:  0                                            Abstain:  0

 

                 Richard Haynes, representing several landowners, spoke in favor of the annexation.

 

                 Motion to close the public hearing and introduce.

 

                 Moved:  Cm.  Garcia

                 Second:  Cm.  Amaya

                 For:     8                                          Against:  0                                            Abstain:  0

 

                 Ordinance Introduction:  City Council

 

8.  Public hearing and introductory ordinance amending the City of Laredo's 2003-2004   

annual budget to reflect an appropriation for the development of the Bartlett Avenue railroad crossing.  The appropriation of $63,000.00 comes from a Texas Department of Transportation reimbursement grant in the amount of $40,000.00 and from a Texas-Mexican Railway Company reimbursement in the amount of $23,000.00.

 

Motion to open the public hearing and introduce.

 

                 Moved:  Mayor Pro Tempore Galo

                 Second:  Cm.  Amaya

                 For:      8                                         Against:  0                                            Abstain:  0

 

                 There was no public input.

 

                 Motion to close the public hearing and introduce.

 

                 Moved:  Mayor Pro Tempore Galo

                 Second:  Cm.  J.  Valdez

                 For:      8                                         Against:  0                                            Abstain:  0

 

                 Ordinance Introduction:  City Council

 

9.  Public hearing amending the 29th Action Year 2003 consolidated one year action plan to

reprogram a total of $350,000.00 of the 2003 Community Development Block Grant (CDBG) funds as follows:  delete the South Laredo Cross Street Park and the Inner City Park Phase II projects and create the Mario Tijerina Park lighting project totaling $75,000.00, the El Eden Recreation Center swimming pool totaling $225,000.00 and the Inner City Technology Instruction Program totaling $50,000.00.

 

Motion to postpone for December 8th and January 12th.

 

                 Moved:  Cm.  Agredano

                 Second:  Cm.  Amaya

                 For:      8                                         Against:  0                                            Abstain:  0

 

10.  Public hearing and introductory ordinance authorizing the City Manager to amend the

City of Laredo FY 2003-2004 annual budget by increasing expenditures and revenues by $5,000.00 which represents a state grant from the Texas Department of Health for the Federally Qualified Health Centers (FQHCs) Project of the City of Laredo Health Department for the contract period beginning November 1, 2003, through August 31, 2004.

 

Motion to open the public hearing.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  J.  Valdez

For:     8                                        Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

11.  Public hearing and introductory ordinance authorizing the City Manager to amend the

City of Laredo FY 2003-2004 annual budget by increasing expenditures and revenues by $22,735.00 which represents a state grant from the Texas Department of Health for the Binational TB Card Pilot Project of the City of Laredo Health Department for the contract period beginning December 1, 2003, through September 30, 2004; and amend the City of Laredo FY 2003-2004 FTEs by .20. 

 

Motion to open the public hearing.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

Ordinance Introduction: City Council

 

12.  Public hearing and introductory ordinance authorizing the City Manager to amend the

City of Laredo FY 2003-2004 annual budget by decreasing expenditures and revenues by $67,234.00 to reflect the actual grant amount of $43,946.00 from the Texas Health and Human Services Commission for the Children’s Health Insurance Program (CHIP) Outreach Project of the City of Laredo Health Department for the contract period beginning November 1, 2003 through August 31, 2004 and amend the FY 2003-2004 full time equivalent positions from 2.44 to 1.

 

   Motion to open the public hearing.

 

   Moved:  Mayor Pro Tempore Galo

   Second:  Cm.  Amaya

   For:     8                                       Against:  0                                            Abstain:  0

 

   There was no public input.

 

   Motion to close the public hearing and introduce.

 

   Moved:  Mayor Pro Tempore Galo

   Second:  Cm.  Amaya

   For:     8                                       Against:  0                                            Abstain:  0

 

   Ordinance Introduction:  City Council

 

13.  Public hearing and introductory ordinance authorizing the City Manager to amend the

City of Laredo FY 2003-2004 full time equivalent positions for the Laredo Obesity Prevention and Control Project (LOPAC) of the City of Laredo Health Department from 1.51 to .90.

 

Motion to open the public hearing.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain: 

 

Ordinance Introduction:  City Council

 

 

 

 

14.  Public hearing and introductory ordinance authorizing the City Manager to amend the

City of Laredo FY 2003-2004 full-time equivalent positions of the Border Vision Fronteriza (BVF) two (2) Community Health Workers for Children’s Health Project from .96 to .70.

 

Motion to open the public hearing.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Belmares

Second:  Cm.  J.  Valdez

For:     8                                        Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

VIII.    GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS

           

15.  A.  Request by Council Member Hector J. Garcia

1.  Status report on all CIP park projects in District II for FY 03-04 and 04-05.

 

     Horacio De Leon, Parks and Recreation Director, gave the following report:

 

Eastwoods Park (Phase I)

 

Current park amenities include a playground module, soccer field and Little League field with irrigation and playing turf.  A final inspection of the park construction was conducted on September 25, 2003.  Due to the appearance of poor workmanship by the contractor, the Parks and Recreation Department did not recommend acceptance of the park.  Furthermore, the City is awaiting a bankruptcy court decision on December 10, 2003 to be able to initiate negotiations for terminating the existing contract with the contractor.

 

Loma Alta Park

 

This park project was initiated this summer and is approximately 50% complete.  Parks crews are currently working on the installation of post and cable and added park fencing, park benches, and trash cans.  The installation of water meter has been successfully completed as well as the installation of a playground module with safety surface and a completed half basketball court.  Other pending park amenities include a walking trail, picnic tables, irrigation improvements and additional landscaping.

 

 

Villa Del Sol

 

Parks crews installed additional post and cable at the eastern perimeter of the park to replace damaged fencing cause by recent floods.

 

San Salvador/Santa Nino Park

 

Improvements for this neighborhood park will include park benches, barbeque grills, shade structures, a walking trail, open green space and irrigation improvements.  Funding in the amount of $300,000 has been appropriated through Community Development Block Grants for fiscal year 2004.

 

Chacon Creek Hike and Bike Trail (Phase II)

 

The development of a trail of approximately 5,500 linear feet from Dryden Park to Garcia Vela Park has been funded through a grant from the Texas Parks and Wildlife Department.  The City has requested RFQs for the trail design and ADA improvements.  Construction is expected to begin by the spring of 2004.

 

Dryden Park

 

The installation of replacement bleachers has also been successfully completed.

 

2.  Status report on vacant homes owned by City of Laredo in District II.

 

Erasmo Villarreal, Community Development Director, advised that there are 11 structures that were damaged during the June 2, 2003 storm. Depending upon the asbestos check, the homes will be demolished.  There are 84 homes under the noise abatement program of which 10 are vacant.   Staff will be working hard to lease the homes as soon as possible. 

 

                   B.  Request by Council Member Eliseo Valdez, Jr.

 

                        1.  Status report on the infrastructure for the Casa Verde Road.

 

Keith Selman, Planning Director, presented a map that displayed properties that have provided the City with access.  The City needs the ability to a right-of-entry so that they can survey and design the lines to get easements to place the utility lines.  Within the next 60 days the lines can be extended through the rest of the properties to the northern and along Casa Verde.

     

                   C.  Request by Council Member Gene Belmares

 

1. Discussion with possible action regarding traffic calming on Chris and Kimberly

    Lanes.

 

Roberto Murillo, Traffic Director, said he has addressed this item before and nothing seems to slow the traffic.  He noted that several years ago staff held a meeting at the public library to discuss closing the street and only five families were in favor.  The City has tried several ways to deter the traffic on Chris and Kimberly Lanes including signage and flashing beacons.  He displayed a map that included several more options for Council to consider including street closure.  

 

Larry Dovalina, City Manager, suggested holding a town hall meeting to discuss different solutions.  He noted the importance of having all the residents in favor of the same solution.  

 

Cm.  Belmares said that the safety of citizens should come before their convenience.

 

Larry Dovalina noted that the ordinance states that there must be a consensus by the neighborhood before closure of any street.   

 

Motion to instruct City Manager to began the process for a town hall meeting.

 

Moved:  Cm.  Belmares

Second:  Cm.  J.  Valdez

For:     8                                           Against:  0                                Abstain:  0

 

Motion to use discretionary funds for speed humps on Kimberly Lane and Chris Lane as needed.

 

Moved:  Cm.  Belmares

Second:  Cm.  J.  Valdez

For:     8

 

Roberto Murillo, Traffic Director, mentioned that there must be a request submitted by a resident to start the process of speed humps.

 

                   D.  Request by Council Member Juan Ramirez

 

1.  Discussion with possible action regarding odor at El Metro facility on Scott

     Street.

 

Juan Jose Rocio spoke about the bad odor at the El Metro Facility on Scott Street.  He added that he has followed the chain of command in reporting this matter but it has not been corrected.  He asked Council to remedy the problem for the public safety. 

 

Tom Luceck, El Metro Director, reported that he was not aware of the issue that was being addressed.  He suggested having a town hall meeting for all interested individuals so that staff could discuss their concerns.

 

Mayor Flores announced that the facility will be moved from that area. 

 

Nelda Juarez, representing Entex, reported that Entex is required to record all leaks and calls that are received from individuals regarding leaks in a “leak log”.  She noted that only one call has been recorded in the log for 2003.  She said that Entex is required by the Texas Railroad Commission to odorize their gas.  She went on to say that Entex uses mercaptan which is a foul smelling odor so that citizens will be prompted to report the odor so they can rectify the situation as soon as possible.  In addition, a response team is readily available that handles all leak investigations.  She said that natural gas is odorless, colorless, tasteless, and non-toxic gas.  It dissipates quiet readily into the atmosphere because it is lighter than air.   When the humidity is high you will have a stronger odor presence.  She further discussed why there is a release of natural gas.  One is just part of the fueling process and there is a hose and a nozzle.  The second part has to do with compression.  It is a high volume compression station and when it compresses for the supply there is an over pressure protection.  She assured Council that there is no hazard. 

 

Larry Dovalina, City Manager, said that staff is in the process of seeking engineering proposals for the new facility.  He added that the City has received a federal grant to assist with the project.  He added that Council has agreed to the tract of land for the new facility.   

 

Motion to get a proposal for a temporary remedy for the current El Metro Facility  and hold a town hall meeting to inform the citizens of all the changes the City has in store for them.

 

Moved:  Cm.  Ramirez

 

There was no second to the motion.

 

Larry Dovalina, City Manager, agreed to set up a town all meeting to inform the citizens what the city has done to remedy the problem. 

 

2.  Discussion with possible action regarding construction of sidewalks by Public

Works crews on north and south side of 2200 Hidalgo.  Funding for this project is available in District VIII discretionary funds.

 

Motion to approve the construction of sidewalks by Public Works crews on north and south side of 2200 Hidalgo.  Funding is available in District VIII discretionary funds.

 

Moved:  Cm.  Ramirez

Second:  Cm.  Amaya

 

No vote was taken.

 

Keith Selman, Planning Director, suggested for Council to postpone the item because of current construction in the area. He said that sidewalks may be constructed through the permit process. 

 

Cm.  Ramirez stated that he would postpone the item.

 

3.  Discussion with possible action to alleviate the congestion for pedestrians

crossing International Bridge I by making modifications and adding more immigration stations.

 

Cynthia Collazo, Assistant City Manager, noted that last year the alert was at orange so it took longer to cross.  She noted that the alert is currently yellow but advised that it could change.  She added that the previous week-end was the busiest week-end reporting 27,937 pedestrians crossing.  She went on to say that every lane was open with extra man power to assure safe and quick crossings.  Finally, she said that the City Manager, Larry Dovalina, has signed a letter to be delivered to the GSA offices and Gene Garza on instructions of how to proceed for the Holidays.  The City is ready and will prepare for the modifications to meet their needs.     

 

IX.       INTRODUCTORY ORDINANCES

 

16.  Approving the public sale of one tract of airport non-aeronautical use of land located at   

the southwest corner of Foster Avenue and Pappas Street at the Laredo International Airport to Gateway Community Health Center, Inc., sole bidder, meeting all bid specifications being Tract “C” consisting of approximately 3.808 acres in the amount of $1,077,954.00 and authorizing the City Manager to execute all necessary conveyance documents; providing for an effective date.

 

Ordinance Introduction:  City Council

 

17.  Authorizing the City Manager to execute a lease with the Laredo Independent School

District for approximately 5.75 acres located on Block 19 of the Laredo Airport Subdivision plat at the Laredo International Airport.  Lease term is for two (2) years commencing on November 1, 2003 and ending October 31, 2005.  However, the lease may be terminated by either party upon giving a ninety (90) day written notice from the party terminating to the other.  Monthly rent shall be $4,425.00 commencing on November 1, 2003 and ending on August 31, 2004 and monthly rent shall be $6,650.00 commencing on September 1, 2004 and ending on October 31, 2005; providing for an effective date.

 

Ordinance Introduction:  City Council

 

X.        FINAL READING OF ORDINANCES 

 

Motion to waive the final readings of Ordinance # 2003-O-286, # 2003-O-287, # 2003-O-288, # 2003-O-289, # 2003-O-290, # 2003-O-291, # 2003-O-292, # 2003-O-293, # 2003-O-294, # 2003-O-295, # 2003-O-296, # 2003-O-297, # 2003-O-298, and # 2003-O-299.    

 

            Moved:  Mayor Pro Tempore Galo

            Second:  Cm.  Amaya

            For:     8                                               Against:  0                                            Abstain:  0

           

18.  2003-O-286 Amending the Zoning Ordinance Map of the City of Laredo by rezoning

Lots 1 & 3, Block 889, Western Division, located at 1101 Lafayette Street, from R-3 (Mixed Residential District) to B-1 (Limited Commercial District), providing for publication and effective date. 

 

Motion to adopt Ordinance # 2003-O-286.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Amaya

For:     8                                Against:  0                                Abstain:  0

2003-O-287  Amending the Zoning Ordinance Map of the City of Laredo by rezoning

Lot 1, Block 1825, Eastern Division, located at 2201 Lyon Street, from R-1 (Single Family Residential District) to B-3 (Community Business District); providing for publication and effective date. 

 

Jose Guardiola, thanked individuals for their support.  

 

Motion to adopt Ordinance # 2003-O-287.

 

Moved:  Mayor Pro Tempore Galo

 Second:  Cm.  Amaya

 For:     8                                  Against:  0                                Abstain:  0

2003-O-288  Amending the Zoning Ordinance Map of the City of Laredo by rezoning Lot

7, Block 667, Eastern Division, located at 1208 E. San Pedro Street from R-2 (Multi-Family Residential District) to B-3 (Community Business District); providing for publication and effective date. 

 

Motion to adopt Ordinance # 2003-O-288.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Amaya

For:     8                         Against:  0                                Abstain:  0

2003-O-289  Amending the Zoning Ordinance Map of the City of Laredo by rezoning 1.73

acres, as further described by metes and bounds on attached Exhibit “A” located at approximately 23008 Mines Road from AG (Agricultural District) to B-4 (Highway Commercial District); providing for publication and effective date.  (As amended)

 

Motion to adopt Ordinance # 2003-O-289.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Amaya

For:     8                         Against:  0                                Abstain:  0

2003-O-290  Amending the Zoning Ordinance Map of the City of Laredo by rezoning 4.198

acres, as further described by metes and bounds on attached Exhibit “A” located approximately east of Mines Road and south of World Trade Center Loop, from AG (Agricultural District) to M-1 (Light Manufacturing District); providing for publication and effective date. 

 

Motion to adopt Ordinance # 2003-O-290.

 

 

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Amaya

For:     8                         Against:  0                                Abstain:  0

2003-O-291  Amending the Zoning Ordinance Map of the City of Laredo by rezoning Lot

6, Block 1413, Eastern Division, located at 2419 Market Street, from R-3 (Mixed Residential District) to B-1 (Limited Commercial District); providing for publication and effective date. 

 

Motion to adopt Ordinance # 2003-O-291.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Amaya

For:     8                         Against:  0                                Abstain:  0

2003-O-292  Amending the City of Laredo FY 2003-2004 annual budget for the following

funds:  Hotel-Motel Fund annual budget by appropriating expenditures in the amount of $441,270.00 for third party agency contract funding, Parking Meters Fund annual budget by appropriating expenditures in the amount of $63,427.00 for the FY 2003-2004 Debt Service payment, and Capital Improvements Fund (CIF) annual budget by appropriating revenues and expenditures in the amount of $400,000.00 in order to fund various capital improvement projects in each City Council district, and authorizing the City Manager to implement such budget.

 

Motion to adopt Ordinance # 2003-O-292.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Amaya

For:     8                         Against:  0                                Abstain:  0

2003-O-293  Repealing Ordinance 2003-O-253 and amending Ordinance 2000-O-254,

Chapter 5.5, Ambulances Article I-In General, of the Code of Ordinances, by specifically amending Section 5.5-28 (a) and (c)(2) so as to standardize basic rates, and providing for publication and effective date of January 1, 2004.  The increase in rates are primarily to recover from insurance carriers and were compiled from a rate review survey of 32 cities in Texas.

 

Motion to adopt Ordinance # 2003-O-293.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Amaya

For:     8                         Against:  0                                Abstain:  0

2003-O-294  Amending the City of Laredo FY 2003-2004 Colonias Project Fund, Water

Fund, and Sewer Fund annual budget by appropriating revenues in the amount of $275,213.00 from the Colonias landowners participating in oversizing and appropriating the transfer in an expenditure in the amount of $275,213.00 for the construction of SH 359 work order no. 4 Water Transmission Line Extension Project and SH 359 work order no. 1 Wastewater Trunk Line Project in the Colonias Fund.

 

Motion to adopt Ordinance # 2003-O-294.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Amaya

For:     8                         Against:  0                                Abstain:  0

2003-O-295  Closing as a public easement that section of the 300 block of Texas Avenue

between Chacon and Piedra China Streets situated in the Eastern Division, City of Laredo, County of Webb, Texas, and providing for an effective date.

 

Motion to adopt Ordinance # 2003-O-295.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Amaya

For:     8                                    Against:  0                                Abstain:  0

2003-O-296  Closing as a public easement the North one-half section of the 2300 block of

Canada Avenue between O’kane and Clark Streets situated in the Eastern Division, City of Laredo, County of Webb, Texas, and providing for an effective date.

 

Motion to adopt Ordinance # 2003-O-296.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Amaya

For:     8                         Against:  0                                Abstain:  0

2003-O-297  Closing as a public easement that section of the North 346.66 feet of Naranjo

Avenue between Pappas and the North property line of Block 32-A as per the Laredo Airport Subdivision Replat recorded in Volume 16, pages 49-51 of the Webb County Plat Records, situated in the Laredo Airport Subdivision, City of Laredo, Webb County, Texas; being generally described on the attached Exhibit “A,” provided that the Laredo International Airport retains all existing easements located on said section of Naranjo Avenue and providing for an effective date for the closure and reversion of the public’s interest in said street to the Laredo International Airport.

 

Motion to adopt Ordinance # 2003-O-297.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Amaya

For:     8                         Against:  0                                Abstain:  0

2003-O-298  Amending Chapter 19, Motor Vehicle and Traffic, Article VIII, Stopping,

Standing or Parking, of the Code of Ordinances, City of Laredo:  specifically   Section 19-364 (5), Restricted Parking Areas, to extend the existing permit parking only/tow away zone boundaries to include Longhorn Drive, Yale Drive, and Alameda Drive; providing for effective date and publication.

 

Motion to adopt Ordinance # 2003-O-298.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Amaya

For:     8                         Against:  0                                Abstain:  0

2003-O-299  Amending Section 28-100 of the Code of Ordinances which makes it unlawful

to use public property for private commercial purposes, in order to increase the penalty for a violation of the section from two hundred dollars to five hundred dollars; and providing for publication and effective date.

 

Motion to adopt Ordinance # 2003-O-299.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Amaya

For:     8                         Against:  0                                Abstain:  0

XI.       RESOLUTIONS

 

19.  2003-R-141  Authorizing the City Manager to submit a community wide assessment

grant application to the United States Environmental Protection Agency (USEPA) for a Brownfield grant in the amount of $200,000.00, with no matching funds.  This grant will allow for the Phase I & Phase II environmental assessment of certain properties and make recommendations for future land use based on risk based assessment.

 

Motion to approve Resolution # 2003-R-141.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  E.  Valdez

For:     8                               Against:  0                                Abstain:  0

 

20.  2003-R-156  Accepting the donation of the “Surface Only” of a 0.0312 of an acre

parcel of land, more or less, from Roberto Reyna, Elsa Reyna Gonzalez, Florencio Reyna, Jr., and Israel Reyna, as a fifteen-foot Utility Easement, for the extension of water service lines to the Tanquecitos South Acres Subdivision.  Said parcel of land being situated in Porcion 32, Abstract 296, City of Laredo, and Webb County, Texas.

 

Motion to approve Resolution # 2003-R-156.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  E.  Valdez

For:     8                               Against:  0                                Abstain:  0

 

 

 

21.  2003-R-157  Accepting a grant in the amount of  $43,946.00 from the Texas Health and

Human Services Commission for the Children’s Health Insurance Program (CHIP) Outreach Project of the City of Laredo Health Department for the contract period beginning November 1, 2003 through August 31, 2004.

 

Motion to approve Resolution # 2003-R-157.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  E.  Valdez

For:     8                               Against:  0                                Abstain:  0

 

22. 2003-R-158  Accepting a grant in the amount of $5,000.00 from the Texas Department

of Health for the Federally Qualified Health Centers (FQHCs) Project of the City of Laredo Health Department for the period beginning November 1, 2003 through August 31, 2004.

 

Motion to approve Resolution # 2003-R-158.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  E.  Valdez

For:     8                               Against:  0                                Abstain:  0

 

23.  2003-R-159  Accepting a grant in the amount of $22,735.00 from the Texas

Department Health for the Binational TB Card Pilot Project of the City of  Laredo Health Department for the contract period beginning December 1, 2003 through September 30, 2004.

 

Motion to approve Resolution # 2003-R-159.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  E.  Valdez

For:     8                               Against:  0                                Abstain:  0

 

24.  2003-R-160  Authorizing the City Manager to execute a grant agreement CSJ Number

M422LREDO with the Texas Department of Transportation under the Routine Airport Maintenance Program in the amount of $30,000.00 for the purpose of airport maintenance at the Laredo International Airport.  The City’s fifty (50%) percent local match for this project in the amount of $30,000.00 is available in the Airport Construction Fund under the 2004 Routine Airport Maintenance Account.

 

Motion to approve Resolution # 2003-R-160.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  E.  Valdez

For:     8                               Against:  0                                Abstain:  0

 

25.  2003-R-163  Accepting a grant in the amount of $112,280.00 from the Texas

Department of Health for the Prevention of Services for HIV Infected Persons Project (PSHIP) of the City of Laredo Health Department for the contract beginning January 1, 2004 through December 31, 2004.

 

Motion to approve Resolution # 2003-R-163.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  E.  Valdez

For:     8                               Against:  0                                Abstain:  0

 

26.  2003-R-164  Accepting a grant in the amount of $199,854.00 from the Texas

Department of Health of the HIV Prevention Project of the City of Laredo Health Department for the contract period beginning January 1, 2004 through December 31, 2004.

 

Motion to approve Resolution # 2003-R-164.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  E.  Valdez

For:     8                               Against:  0                                Abstain:  0

 

XII.     MOTIONS

 

27.  Consideration to approve regular City Council meetings to be held on December 1,

       2003, December 8, 2003 and January 12, 2004.

 

       Motion to approve.

 

       Moved:  Mayor Pro Tempore Galo

       Second:  Cm.  Agredano

       For:     8                                        Against:  0                                            Abstain:  0

 

28.  Consideration for approval to rescind change order no. 2 an increase of $44,777.75 to

the construction contract with R. Aguero Trucking, Laredo, Texas, for the South Laredo Park Project in the vicinity of Kawas Elementary School for a parking lot (23 spaces) approximately 1,100 linear feet of a 10 ft. wide walking trail and accessible ramps for failure to execute a contract change order, and authorization for staff to re-bid the project.  Funding is available in the  South Laredo Park Phase II 28th Action Year 2002 Grant.

 

       Motion to approve.

 

       Moved:  Mayor Pro Tempore Galo

       Second:  Cm.  Agredano

       For:     8                                        Against:  0                                            Abstain:  0

 

29.  Consideration for approval of final change order no. 3 a decrease of $12,018.00 for the

balance of quantities actually constructed in place, acceptance of the Zacate Creek Linear Park Phases III, IV, V Scope of Work I Sidewalks and approval of final payment in the amount of $63,115.81 to Pete Gallegos Paving, Inc., Laredo, Texas.  Final contract amount is $613,219.00.  Funding is available in the  Zacate Creek Park Phase III, IV & V-28th Action Year 2002 Grant CDBG.

 

       Motion to approve.

 

       Moved:  Mayor Pro Tempore Galo

       Second:  Cm.  Agredano

       For:     8                                        Against:  0                                            Abstain:  0

 

30.  Consideration for approval to award a professional services contract to Killis Almond

& Associates, Inc., San Antonio, Texas, for an amount not to exceed $103,785.00 for the Laredo Convention Center feasibility study.  Funding is available in the Civic Center renovation project-Capital Improvement Fund.

 

       Motion to approve.

 

       Moved:  Mayor Pro Tempore Galo

       Second:  Cm.  Agredano

       For:     8                                        Against:  0                                            Abstain:  0

 

31.  Consideration to approve a payment of $17,657.60 to Texas Border Infrastructure

Coalition as the City’s annual assessment for the period of October 2003 through September 2004.  These dues are the City’s contribution to support the efforts of the Texas Border Infrastructure Coalition.  The Coalition’s mission is to make Legislative recommendation to help the Texas Border Region grow and prosper economically.

 

       Motion to approve.

 

       Moved:  Mayor Pro Tempore Galo

       Second:  Cm.  Agredano

       For:     8                                        Against:  0                                            Abstain:  0

 

XIII.    STAFF REPORTS

           

32.  a.  Presentation on early childhood awareness and educational efforts in local daycares

and elementary schools by the Environmental Services Department regarding pollution.

 

Riazul Mia, Environmental Director, made the following presentation:

 

Environmental Educational Initiative

 

Program Goal

Childcare Centers

Elementary Schools

Secondary Schools

Binational Effort

Eco-TV Program (Public Access)

Eco-Theme float at the Washing Birthday Celebration Event

 

Successful Components of an Environmental Awareness Program.

 

Education

Engineering

Enforcement

 

Education Program Update Program Goal

 

For years we have looked for outputs; engineering (laws) and enforcement.

 

Although successful, the need exists to educate our younger generation for a sustainable environment.  With early childhood education, children will develop more positive environmental habits by reducing the environmental crimes and protecting our environment.

 

Education Program Update

 

Humberto Almaraz made the following suggestions:

 

Teaching Children as early as Pre-K (3 to 5 ) about Environmental Awareness and Action.  Teachers have flexible schedules but lack the material.

Simple & fun Lessons making it exciting.

Sustainable sponsor support creates enthusiasm.

Among teachers, volunteers, and administration.

Annual “Clean Environment Contest” & winner participation in environmental parade float should sustain enthusiasm and interesting.

At least two teacher training workshops per year for new ideas & motivation support

one or two fully committed full time education liaisons.

“It is not so important as to how much the children will be able to conserve or recycle at this early age, as compared to the invaluable Eco-Habits they will learn and practice for a lifetime.”

 

Education Program Update

Child Care Centers

 

An Education Pilot Program Workshop at the Public Works Service Center

Early Student Development in cooperation with Humberto Almaraz to conduct a workshop on Friday, September 12, 2003.

Forty randomly chosen private and government funded daycare centers.

 

Toby Globy Educational packages bought and donated to participating centers by Early Student Development targeting children 3 – 5 years of age.

 

Education Program Update

 

Elementary Schools Initiative

 

Plan includes both Laredo Independent School District and United Independent School District Elementary Schools targeting children in Pre-Kinder through Second Grade only. 

Distribution Water Quality Education Packages to all Laredo Independent School District elementary schools.

Education Lessons obtained by Early Student Development from TCEQ who compiled them from teachers from all over the state and packages prepared by Laredo Independent School District Science Teachers

 

Initial Visit, by Early Student Development personnel,  20 Laredo Independent School District Elementary Schools.  A second visit will follow (Badge & Certificates)

Exposition of City’s Water Quality and Quantity.

Problems through pictures will call to serve as volunteer.

 

We are looking for a few good kids to be Eco-Deputies

 

Education Program Update

Secondary Schools Initiative

Teaming up with Texas Watch (TSU)

 

Free Training & Certification of Environmental Personnel from both Laredos in the use of Water Quality Monitoring Kits Newly Certified Environmental Kits.

Newly Certified Environmental Members will conduct training workshops in their respective cities, to secondary science teachers.

Science teachers & students will conduct monthly sampling, data collection, data organization (computer graphing), and data interpretation assisted by ESD & Tex Watch personnel

 

Hands on environmental science research experience in order to awaken interest in field of Study.

 

Education Program Update

Bi-national effort

 

Working with Nuevo Laredo Mexico (Subdirecction De Ecologia) Ing. Calletano Hernandez

 

Not including our Sister City is like partially protecting our river’s water quality.

 

Obtain grant monies for education

 

Helping our neighbor start a similar sustainable education program (Pre k-2nd).

Training Secondary School teachers & Students to monitor river tributaries (creeks & lakes) on both sides of the border.

 

Networking with other communities on Environmental Educational

Other initiatives

 

Eco-TV Program (Public Access).

Eco-Theme Float at Washington Birthday Celebration Association Event.

 

 

b.  Update report related to the on-going Airport Part 150 Noise and Land Use

     Compatibility Study and the Airport Master Plan Study.

 

     Jose Flores, Airport Director, gave the following presentation:

 

     Laredo International Airport

 

     Master Plan and FAR Part 150 Study

 

     Airport Master Plan Goals

 

     Goals and Objectives

 

     Prepare a comprehensive and flexible Airport Master Plan

     Develop facilities to meet future needs

     Continue to enhance economic development of the community

 

     Master Planning Process

 

     Inventory, Activity forecasts

     Demand/Capacity

     Analysis and Facility

     Requirements

     Alternatives

     Development and Analysis

     Implementation Plan

 

     Upcoming Tasks – Master Plan

 

     Technical Advisory Committee

     Recommend Alternatives

     Environmental Overview

     Implementation Plan

     Financial Plan

     Public Workshop

 

     FAR Part 150 Study Goals

 

     Identify and recommend measure to :

     Reduce the level of aircraft-generated noise exposure

     Change existing noncompatible land uses to compatible uses

     Prevent the introduction of additional noncompatible land uses

     Engage the community and Local government in the process

 

     FAR Part 150 Study Progress to-date

 

     Existing noise Exposure map

     Future noise exposure map

     Public Review

     Noise Exposure maps report

 

     Upcoming tasks – FAR part 150 Study

 

     Noise Abatement Measure

     Land use Measures

     Public Review

     Implementation Plan

     Noise Compatibility Program Report

     Public Hearing

     FAA Review & Approval – 180 days

    

XIV.    EXECUTIVE SESSION

 

The City Council hereby reserves the right to go into executive session at any time during this public meeting, if such is requested by the City Attorney or other legal counsel for the City, pursuant to his or her duty under Section 551.071(2) of the Government Code, to consult privately with his or her client on an item on the agenda, or on a matter arising out of such item.

 

33.  Request for Executive Session pursuant to Texas Government Code 551.071 (1)(A) to

discuss with City Attorney the two pending cases of Gilbert L. Leyendecker  and wife June G. Leyendecker, vs. City of Laredo which is Civil No. L-01-174, in the United States District Court, Southern District, Laredo Division, and the City of Laredo v. Leyendecker Properties, Ltd. which is Cause No. 2003 CVQ 001462-C1 in the County Court at Law No. 1; and return to open session for possible action.

 

Motion to go into Executive Session pursuant to Texas Government Code 551.071 (1)(A) to discuss with City Attorney the two pending cases of Gilbert L. Leyendecker  and wife June G. Leyendecker, vs. City of Laredo which is Civil No. L-01-174, in the United States District Court, Southern District, Laredo Division, and the City of Laredo v. Leyendecker Properties, Ltd. which is Cause No. 2003 CVQ 001462-C1 in the County Court at Law No. 1; and return to open session for possible action.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

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

 

Motion to approve the negotiated settlement of the two cases of Gilbert and June Leyendecker vs. City of Laredo, ET AL, which is civil action No.  L-01-174, in the United States District Court, Southern District of Texas, Laredo Division and City of Laredo vs. Leyendecker Properties, LTD.  Which is Cause No.  2003CVQ001462-C1 in the County Court at Law No. 1 of Webb County, Texas in which the City will pay the sum of $952,000.00 for (1) Dismissal of the Federal Case by the Leyendeckers and (2) an agreed judgment in the State case which will award the right-of-way to the City of Laredo for the extension of Springfield Road. 

 

 

 

Moved:  Cm.  Belmares

Second:  Mayor Pro Tempore Galo

For:     6                                        Against:  0                                            Abstain:  0

 

The Mayor read the following statement:

 

“We would like the public to know that these two lawsuits involve a federal suit by the landowners against the City, objecting to the city’s intended acquisition since 1991 of a right-of-way for the extension of Springfield through their property, an essential north-south thoroughfare for the City; and state suit filed by City for actual acquisition of the required right-of-way from the landowners.  While the City has disputed its liability in the federal case, and while the parties have disagreed on the fair market value of the property being acquired from the Leyendeckers, it is in the best interest of the City to settle both cases with an agreed sum payment of which the federal case will be dismissed and there will be an agreed judgment in the state case awarding the right-of-way to the City.”

 

XV.      ADJOURNMENT                                                                                         Time:  9:10

 

 

            Moved:  Mayor Pro Tempore Galo

            Second:  Cm.  Galo

            For:     8                                               Against:  0                                            Abstain:  0

 

I, Gustavo Guevara, Jr., City Secretary, do hereby certify that the above the foregoing is a true and correct copy of the minutes contained in pages 01 to 27 and they are true, complete, and correct proceedings of the City Council meeting held on December 01, 2003.

 

 

 

                                                                        ___________________

                                                                        Gustavo Guevara, Jr.

                                                                        City Secretary