CITY OF LAREDO
CITY COUNCIL MEETING
CITY COUNCIL CHAMBERS
1110 HOUSTON STREET
LAREDO, TEXAS
6:00 P.M.
MINUTES
M-98-R-09 FEBRUARY 23, 1998
I. CALL TO ORDER
With a quorum present Mayor Elizabeth G. Flores called the meeting to
order.
II. PLEDGE OF ALLEGIANCE
Mayor Elizabeth G. Flores led in the Pledge of Allegiance.
III. ROLL CALL
IN ATTENDANCE:
ELIZABETH G. FLORES, MAYOR
JOSE R. PEREZ, JR., COUNCILMEMBER, DISTRICT I
LOUIS H. BRUNI " , DISTRICT II
ALFONSO I. "PONCHO" CASSO, " , DISTRICT III
CECILIA MAY MORENO, " , DISTRICT IV
ELISEO VALDEZ, JR., " , DISTRICT V
JOE A. GUERRA, " , DISTRICT VI
MARIO G. ALVARADO, " , DISTRICT VII
CONSUELO "CHELO" MONTALVO, " , DISTRICT VIII
GUSTAVO GUEVARA, JR., CITY SECRETARY
FLORENCIO PENA, III, CITY MANAGER
JAIME L. FLORES, CITY ATTORNEY
Motion to waive the rules of order and move up items
C(1), A(1) and D(1).
Moved : Cm. Valdez
Second: Cm. Perez
For: 8 Against: 0 Abstain: 0
IV. INTRODUCTORY ORDINANCES
2. Authorizing the City Manager to execute all necessary documents to
effectively convey fee simple title to Export Storage Co.,
Incorporated, for the sale of the "Surface Only" at it's fair market
value, of certain City properties described as Parcel "A" consisting
of 13,890 square feet (55.55' x 250') out of that former section of
the 1900 block of Garden Street between the west right-of-way line of
Santa Rita Avenue and the east right-of-way line of Vidaurri Avenue
and being bounded on the north by Block 557, W.D. and on the south by
Block 550, W.D. and Parcel "B" consisting of 13,890 square feet
(55.56' x 250') out of the former section of the 1900 block of
Constantinople Street between the west right-of-way line of Santa Rita
Avenue and the east right-of-way line of Vidaurri Avenue, being
bounded on the north by Block 562, W.D. on the south by Block 557,
W.D. situated in the Western Division, City of Laredo, Webb County,
Texas, and hereby approving the submitted Improvement Plan 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. (Action must first be taken on item #8 prior to action
being taken on this item.)
Ordinance Introduction: City Council
3. Authorizing the City Manager to execute an agreement between the City
of Laredo Utilities Department, as Seller and the City of Laredo
General Fund, as Buyer, to purchase the leasehold interest from the
Utilities Department consisting of an office building and improvements
located at 4002 Bartlett at the Laredo International Airport. The
purchase price is $400,000.00, being the appraised fair market value
of the building and improvements.
Ordinance Introduction: City Council
4. Authorizing the City Manager to execute a lease between the City of
Laredo Airport Fund, as Lessor and the City of Laredo General Fund, as
Lessee, for two tracts of land containing approximately 8.973 acres,
consisting of 6.597 acres out of Block No. 30 and 2.376 acres out of
Block No. 22, recorded in Volume 5, Page 1, Plat Records of Webb
County, said property is located at the Laredo International Airport.
1. Lease term is for twenty five (25) years plus one 10 year renewal
option.
2. The initial monthly rent shall be $3,908.67 plus annual CPI rent
adjustments and to include rent adjustments based on fair market
appraisal at each 10 year anniversary period.
Ordinance Introduction: City Council
5. Authorizing the City Manager to execute a lease between the City of
Laredo General Fund, as Lessor and the University of Texas Board of
Texas Board of Regents for use and benefit of the University of Texas
Health Science Center at San Antonio as Lessee, for two tracts of land
containing approximately 8.973 acres, consisting of 6.597 acres out of
Block No. 30 and 2.376 acres out of Block No. 22, recorded in Volume
5, Page 1, Plat Records of Webb County, said property is located at
the Laredo International Airport.
1. Lease term is for twenty five (25) years plus one 10 year renewal
option.
2. The monthly rent during the term of the lease agreement and during
any option to renew shall be $10.00 per year.
The City hereby declares the establishment and construction of a
localized medical education and research campus is sufficient
consideration for this lease.
Ordinance Introduction: City Council
V. FINAL READINGS
Motion to waive the final reading of ordinance #98-O-023,
#98-O-054, #98-O-056, #98-O-057, #98-O-061, #98-O-062,
#98-O-063, #98-O-064, and #98-O-065.
Moved : Cm. Bruni
Second: Cm. Casso
For: 8 Against: 0 Abstain: 0
6. 98-O-023 Ordinance amending the City of Laredo's 1997-1998 Annual
Budget by increasing estimated revenues and appropriations
in the Paseo Del Antiguo Laredo fund by $1,345,198.00, and
authorizing the City Manager to implement said budget,
providing for publication and effective date. (As Amended)
(City Council)
Motion to approve Ordinance #98-O-023.
Moved : Cm. Perez
Second: Cm. Alvarado
For: 8 Against: 0 Abstain: 0
7. 98-O-054 Amending Article IV which includes Sections 15-59 through
15-73 regarding handling, transportation and transfer of
dangerous articles of Chapter 15 of the City of Laredo Code
of Ordinance by deleting all of the said sections because a
new City of Laredo Hazardous Materials Ordinance has been
adopted and inserted into a newly created Chapter 33;
providing for severability; and providing for an effective
date. (City Council)
Motion to approve Ordinance #98-O-054.
Moved : Cm. Perez
Second: Cm. Alvarado
For: 8 Against: 0 Abstain: 0
8. 98-O-055 Closing as public easements those sections of the 1900 block
of Garden and Constantinople Streets between Santa Rita and
Vidaurri Avenues situated in the Western Division, City of
Laredo, Webb County, Texas and providing for an effective
date.
(Consuelo "Chelo" Montalvo)
Motion to waive the final reading.
Moved : Cm. Perez
Second: Cw. Moreno
For: 8
Motion to approve Ordinance #98-O-055.
Moved : Cm. Perez
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
9. 98-O-056 Dedicating as public right-of-way, a tract of City-owned
land, located adjacent to the South Laredo Fire Station, to
be officially designated as the 2500 Block of South Malinche
Avenue, and containing 0.3188 acres (13,889.00 sq. ft.),
more or less. Said tract of land being situated in Block
1191, Eastern Division, City of Laredo, Webb County, Texas;
being more particularly described by metes and bounds and
providing for an effective date. (As Amended) (City Council)
Motion to approve Ordinance #98-O-056.
Moved : Cm. Perez
Second: Cm. Alvarado
For: 8 Against: 0 Abstain: 0
10. 98-O-057 Ordinance waiving hourly parking fees for February 21, 1998,
at the Laredo Transit Center in cooperative support of the
Washington's Birthday Celebration Association related
activities. The maximum potential loss is approximately
$2,346.00, based on full occupancy. (City Council)
Motion to approve Ordinance #98-O-057.
Moved : Cm. Perez
Second: Cm. Alvarado
For: 8 Against: 0 Abstain: 0
11. 98-O-060 Ordinance creating and adopting Article XI of Chapter 19,
motor vehicles and traffic, entitled "Truck Traffic" to
include new sections 19-400 through 19-530, with Section 19-
512 reserved, thereby organizing current sections and the
language of the code of ordinances as they pertain to truck
traffic and adding new truck provisions; including: truck
routes and sign posting, prohibition of nighttime
residential departures from truck route, size and weight
restrictions, oversize and overweight permits to be had at a
central permitting office, oversize vehicle escort service
license, truck parking in residential areas, near schools
and in central business district, trailer parking on
streets, adoption of provisions of the Federal Motor Carrier
Safety Regulations, minimum truck parking fines, delinquent
truck lists; providing for severability; and providing for
an effective date and publication. (City Council)
Cw. Moreno asked if they are approving the position, if they
approve the ordinance?
Mr. Pena answered no, they will not, they have to bring back
an amendment to create the positions.
Cw. Moreno wanted to go on record as approving the concept,
but not approving the additional positions.
Motion to table.
Moved : Cm. Bruni
Second: Cm. Casso
For: 8 Against: 0 Abstain: 0
12. 98-O-061 Ordinance amending the City of Laredo Code of Ordinances by
deleting the contents of sections 19-12, 19-13, 19-267--19-
279, 19-347, 28-2 and 28-5 regarding truck traffic and
amending Section 24.65.0(a) of the Laredo Land Development
Code regarding parking in residential zones, which said
sections having been recodified and revised in the new "City
of Laredo Truck Traffic Ordinance" to be created and adopted
in Article XI of Chapter 19, providing for severability; and
providing for and effective date. (City Council)
Motion to approve Ordinance #98-O-061.
Moved : Cm. Perez
Second: Cm. Alvarado
For: 8 Against: 0 Abstain: 0
13. 98-O-062 Ordinance closing the hearing on the Paving Assessment
Street Improvements Project 60 and fixing a lien and charge.
(City Council)
Motion to approve Ordinance #98-O-062.
Moved : Cm. Perez
Second: Cm. Alvarado
For: 8 Against: 0 Abstain: 0
14. 98-O-063 Ordinance amending Article III, titled "Tow Services," of
Chapter 32, of the City of Laredo Code of Ordinances,
thereby revising the sections for tow services on the City's
Rotation List; providing for permitting, regulations and
penalties; providing for a restructuring of the fees
(allowed to be) charged by tow services, increasing the
storage and towing fees; providing (for the possibility of a
centralized City Vehicle Storage Facility; providing) an
increase in the Rotation List Permit Fee; (distinguishing
between average towns and heavy-duty wrecker tows; calling
for a bi-annual review; creating a separate list of tow
services for tows or storage of stolen vehicles returned
from Mexico and the fees charged) providing for
severability; and providing for an effective date and
publication. (City Council)
Jaime L. Flores, City Attorney, read for the record,
"Section 32-89 item #14 should read
"Political bumper stickers, no tow service shall allow any
of its wreckers to display political bumper stickers on any
lease initiated tow." He said this wording was left out at
the first reading of this ordinance.
Motion to accept the amendment as read into the record by
the City Attorney.
Moved : Cm. Perez
Second: Cm. Alvarado
For: 8 Against: 0 Abstain: 0
15. 98-O-064 Ordinance amending the City of Laredo's FY 1997-98 annual
budget in the amount of $369,563.00, for the purchase of
creek cleaning equipment and authorizing the City Manager to
implement said budget. (City Council)
Motion to approve Ordinance #98-O-064.
Moved : Cm. Perez
Second: Cm. Alvarado
For: 8 Against: 0 Abstain: 0
16. 98-O-065 Ordinance amending the City of Laredo's 1997-1998 Annual
Budget in the amount of $53,480.00, for funding of the
Multi-Agency Major Organization Investigation Task Force for
the period of January 1, 1998 through December 31, 1998.
(City Council)
Motion to approve #98-O-065.
Moved : Cm. Perez
Second: Cm. Alvarado
For: 8 Against: 0 Abstain: 0
VI. MOTIONS
17. Authorizing the City Manager to extend and amend the current
concessions contract with Juan Gamez, Miguel Gamez, and Hector Chapa
d.b.a. J&H Concessions which provides for food and beverage concession
operations at Veterans Field for a twelve (12) month term as per
contract terms which allows for a 12 month extension. The amendment
consists of a 5% increase in the percentage of revenues received for
alcoholic beverages from 15% to 20%.
Motion to approve.
Moved : Cm. Perez
Second: Cw. Moreno
For: 8 Against: 0 Abstain: 0
VII. CITY MANAGER'S REPORT
18. Presentation of the 1996-97 Comprehensive Annual Financial Report
(CAFR) prepared by the City of Laredo's Financial Services Department
and audited by the independent audit firm of Baum & Mejia CPA's.
Mr. Clayton Baum and Mr. Raul Garza of the firm Clayton Baum made the
presentation.
Mr. Garza reported that as a result of the new federal/state
guidelines which became effective and were implemented for the fiscal
year September 30, 1997, the have issued a total of three reports that
cover three general areas.
1) The city's financial statements.
2) Its compliance with federal/state governing laws and regulations.
3) Its internal control structure in place to help monitor the three
areas mentioned.
He added the type of report which he has issued is an unqualified
opinion. It is the highest possible opinion which they can issue on
any entity.
They did not find any material instances that were required by
auditing standards to report to council. They did however make some
observations and recommendations which they have included in the
letter to management and which have been presented to the audit
committee today.
He confirmed the audited unbalanced for the year ended September 30,
1997. The audited fund balance for the general fund at 9/30/97 is
$11,280,237. The budgeted fund balance for that period was $8,559,761
ended up with $2,720,476 more than anticipated. He said this
primarily resulted because you received more revenues than anticipated
and the expenditures were less than what was budgeted.
Cw. Moreno questioned, the money that is in excess of the original
amount and the fund balance, are we able to spend it during the year?
Are we doing this properly in terms of spending the money or not?
Mr. Garza quoted, "yes, those $11,280,237 that is what is called the
undesignated fund balance, so pretty much you have it at your
discretion to use it in the new year as you see fit."
Jaime Flores, City Attorney, stated he has to review this issue and
does not have an answer right now.
Mr. Pena said that from the management prospective, he does not
recommend the City Council to appropriate money from the fund balance
but legally, he thinks that everyone has looked at it and they are
saying it is o.k. The charter has a provision that says that those
fund balances, however, can only be used for one time expenditures,
not for recurring expenditures so there is a restriction on the use of
those fund balances.
19. Request for Executive Session pursuant to Texas Government Code
Section 551.071(1)(a) to discuss contemplated litigation regarding
Highland Subdivision Unit III and the North Laredo Wastewater
Reclamation Plant, and return to open session for possible action
thereon.
Mr. Pena requested that this item be pulled out and said that they do
not need to have discussion on this item, and that was no action
needed.
Motion to waive the rules and move this item to the end of the
meeting.
Moved : Cm. Guerra
Second: Cm. Alvarado
For: 8 Against: 0 Abstain: 0
VIII. COMMUNICATIONS
Mr. Rico Flynn congratulated and welcomed the New Mayor, Mrs. Betty
Flores and congratulated Cm. Casso for the flag pole movement. He said
he had done a location scout and that the best site is next to the
Holiday Inn. He asked that they consult for advice from Mexico. He does
not think that our flag should be bigger because it is Texas, that it
should be the same size and suggested that it be introduced on July 4th.
IX. CITY COUNCIL DISCUSSION AND PRESENTATION
20. Requests by Mayor and City Councilmembers for discussion and
presentation.
A. Requests by Councilmember Louis H. Bruni
1. Discussion and possible action regarding infrastructure and water
improvements in the Casa Verde acreage, and possible development of a
joint agreement between the City of Laredo and Webb County for such
improvements.
Cm. Bruni stated that on February 29, 1996 he was handed a petition by
60 property owners and residents of Casa Verde acres requesting water
and wastewater services to include engineering of the roadway and
construction of wastewater lines. It has been over two years and he
thinks they have gotten very far behind in their request. He asked
that staff formulate some kind a study where they can help these
people.
He wants staff to formulate a report and recommendation on the cost to
extend University Blvd. approximately 300-400 ft. to intersect with
Casa Verde Road. He was told that the Killam Family has agreed and he
will be speaking to them.
He was told that they have agreed to give us the necessary right-of-
way, which is approximately 300 ft., if they can extend University
Blvd. 300 ft to intersect with Casa Verde Road they would eliminate
5,000 ft. of road that they now need to access their property and we
would also eliminate a very dangerous TxDot crossing that intersects
with Loop 20.
He wants that on an immediate short term, they contact the property
owners and respectfully request that they furnish the right-of-way,
that we go in there and clear the right of way, and construct a 25-30
foot caliche road so that the dangerous intersection can be
eliminated.
On the long term (during budget hearings) he suggested that staff see
how they can help these people pertaining to water
and wastewater infrastructure.
Mr. Pena stated the property was annexed in 1991, it included a 1,500
acre tract, he did not have an opportunity to get with staff regarding
the reason for the annexation, but in the service plan it did provide
for the city to immediately provide police protection, garbage collection which is being provided,
and water and sewer services would be in accordance with the
subdivision ordinances of the city. As they plat the property owners
are required to extend their lines, the City Charter also addresses the concern of water/sewer by stating that
the city cannot extend at the request of developers the water/sewer
lines. They talked to the Texas Water Development Board to see if
they qualify for any kind of funding like the colonias, and they got a
replied that basically said "no" it did not, it did not have the elements of a
colonia project. So as the area plats, basically they will be
extending water and sewer lines at the cost of the developer.
In terms of the paving of streets, there is no restriction on that.
Currently in the Calton Gardens area they have numerous streets that
are unpaved and that they are currently in the process of finalizing
the plans to go in there even though they do not have the adequate
right-of-way, but in order to reduce the cost of maintenance go in
there and lay some asphalt. He said that this would be an effort to
keep down the maintenance cost.
Cm. Bruni stated that there is no developer out there that is going to
foot the bill, these are 70 property owners, and we as city annexed
them. His concern is that it seems that there will never be services
out there because they keep talking about the developer. He said they
need to find out how to get infrastructure to them, besides the
pavement of the road and besides taking the dangerous curve off.
Mr. Pena stated that state law allows cities to do assessment for
water and sewer. That would not be doing the water/sewer extension at
the cost of the city. In essence what they would do there, they would
have to hold public hearings, and levy a lien on all abutting property
owners, they will be in essence paying for it, but they would be on an
assessment basis. He said they can explore that possibility. They
would still pay for it, but the city may have to foot the bill upfront
and then get reimbursed upon the platting of the properties. It is
called the sewer/water assessment program.
Mayor Flores stated that they need to meet with the property owners
and talk about the possibilities.
Cm. Bruni stated they have meet with these people four or five times
in February of 1996 and nothing has been done.
Mr. Pena stated they have discussed water/sewer assessments with some
property owners.
Fernando Roman, Utilities Directors, stated the last time they put the
project together (last year) they were looking at $700,0000-$800,000
to bring water and sewer. To bring the services fully to all lots it
would be approximately
$800,000. Some residents suggested that whenever we extend the
Jacaman Road from McPherson to the Loop, that if we were to put the
water line at that point, that it would knock about $150,000 out of
the total amount and they would like that because then obviously the
tap goes down for them.
To do a water/sewer assessment they are looking at about three
quarters of a million that the city would have to invest.
Mr. Javier Elizondo stated they have patiently waited for two years,
they are not developers, and does not know what the elements of a
colonia are, but he wants to know how water and sewer were put all the
way to the detention center without getting a lien from the property
owners. He said they do not want any more studies done on this item.
Mr. Pena stated there is an income requirement, the cost benefit
ratio, and it was funded through an Economic Development Grant and
that grant was to assist the county to provide services to their
detention facility which provided job opportunities. The criteria
used there met that requirement. He further stated that City Council
approved that application and it was submitted.
Cm. Bruni wants staff to set up a meeting with the landowners of the
area.
Motion instructing staff to look at the feasibility of extending
University Blvd. approximately 300-400 ft. to intersect with Casa
Verde Road.
Moved : Cm. Bruni
Second: Cm. Guerra
For : 8 Against: 0 Abstain: 0
Motion to instruct staff to find the necessary funding to provide
water and wastewater infrastructure for the Casa Verde acres for the
next fiscal year and that staff come back with the report on the
funding.
Moved : Cm. Bruni
Second: Cm. Guerra
For: 8 Against: 0 Abstain: 0
2. Presentation by Abraham Rivera of the University Club at TAMIU
regarding the 4th of July fireworks display, with possible action.
Mr. Abraham Rivera suggested a fireworks display for the 4th of July
at the Casa Blanca Fireworks Display. He contacted
several organizations that do this professionally. He contacted
personnel in charge of Casa Blanca at the Texas Parks & Wildlife
Division as whether or not they can do the fireworks display there and
was advised favorably. He also contacted Laredo Philharmonic to ask
them whether or not they would play and the indicated that they were
interested in doing so. The theater was also contacted and asked to
perform and they said they would love to do this.
He said that the cost is reasonable and he thinks that instead of the
city funding this, he can get most of the stores involved to
contribute to the fireworks display. This could save the city money,
he will ask the stores if the city backs this endeavor in some way.
He suggested that maybe the city can provide the Park and Ride
facility such as was it used for the Jalapeno Fest, this would
minimize any type of damage to the park. He spoke to several store
managers and thinks they might put about 3/4 of the actual cost of the
fireworks display if they know the city is backing it up in some way.
This display would encourage people to stay in Laredo instead of going
out of town to see a fireworks display.
Cm. Casso recommended that maybe something can be done for the year
2000. They are estimating about $1,000 per minute for the display,
Mr. Elizondo is asking $7,000 from the City and the rest from the
stores, or a letter of support stating that the City likes the idea,
the city cannot afford it, but suggested maybe supporting the concept
so that he can go to the merchants with the letter asking them if they
can fund the entire thing. He said they might be able to give him a
resolution if it is not going to require funding.
Cm. Bruni thinks there is no problem trying to get this done and
stated he will be happy to help find monies with the private sector.
Cm. Alvarado was in favor, but said his concern is that in the past
organized groups have sponsored this type of events, and when these
activities are done they also have insurance to cover any type of
liabilities. He said someone needs to be responsible for that type of
insurance and if this is an organized effort, by endorsing it (as a
city) we would expose ourselves to some liability.
Cm. Bruni suggested that the legal aspect be taken care of by the City
Attorney and Mr. Rivera, but in concept they can endorse something
without any legal ramification. The promoter will have all the
necessary insurance. He suggested that they have a meeting with Mr.
Rivera and the City Attorney to see if there is any liability to the
City and see if they provide him with the support letter.
Requests by Councilmember Alfonso "Poncho" Casso
1. Discussion and possible action regarding an Economic Development
Corporation.
Cm. Casso stated he will not attend the workshop of the sales tax. He
expressed that Council needs to decide if we are in favor of the
Economic Development Corporation and if we are, what are the pros and
cons and do we want to fund this
corporation through. The only way they can create an Economic
Corporation is through that sales tax and thinks that they need to
decide whether that is what this council wants to pursue and whether
they want to do it in the May or August election.
The other issue is whether they are going to tie it jet service or to
some other type of projects. He said he does not like the approach
being used to sell it to the public (through Jet Service), they need
to sell it as an Economic Development Corporation even though the
concept may be difficult for some people to understand. They need to
decide because it will be difficult selling it in August and they have
to go on record as a Council to either supporting it or not supporting
it. They need to try to do it together as a
community because there is opposition, but if it is delayed until
August they are going to amount more opposition and it will not pass
in August because it will be the only item before the voters.
This council has made a decision to have this in May so he'd like to
hear from council on whether they are in favor of these Economic
Development Corporation and are they willing to fight for it or just
kind of sit back and let somebody else fight for it and how is it
going to be explained to the people.
Cw. Montalvo's concern was that they do not have the projects in
place.
Cm. Casso stated the only way he will support this is if monies are
going for infrastructure.
2. Discussion and possible action regarding providing financial
incentives for the Colombia Bridge.
Cm. Casso said that the Bridge Manager and him have been talking about
doing something to try to encourage more utilization of the Colombia
Bridge through financial incentives, maybe lowering fees at Colombia.
He asked that staff look into lowering the fees at Colombia, he knows
that the Bridge Manager is working on something and perhaps this will
give him his marching order to bring something before council. If
they look at the number of more empties that crossed last year versus
the loaded trucks, there were more empties (395,000 empties vs.
344,000 loaded) and if they can do something to re-route some of those
empties from Bridge II to Colombia, through financial incentives it
would reduce a lot of the congestion in downtown and in IH-35. He
wants that staff bring something back because the Bridge Manager had
mentioned that he could actually enhance revenues by reducing the fees
in Colombia, he wants to see what is formulated or what strategy he
has.
Cm. Casso wants staff to include incentives for empties, loaded,
bobtails, etc for southbound trucks.
3. Discussion and possible action regarding the fire training facility.
Cm. Casso stated it was his understanding that some of those bond
monies were misappropriated and they were used in another project. He
wants to know how much money was used of the total amount, the
duration of time or if it has been paid back, or what exactly is
happening?
Conrado Hein, Finance Director, explained that back in late 1994 or
early 1995 council approved the purchase of the acreage for the
landfill. About 57 acres at a cost of $625,000.00 that was used from
the bond money to construct the fire training facility. Out of the
total price for the 200+ acres that were bought for the present
landfill, the first 50+ acres, that are in the front, those were
designated for a fire training facility, and those acres were given
the appraised value at $625,000, those were purchased by bond money
and they were approved by council.
Cm. Casso stated they approved it, but that was for the fire training
facility, now the land is not for the fire training facility.
Mr. Hein stated three of four acres were used for the construction of
the recycling facility. Presently Carlos Mejia is looking at the
feasibility of the construction of the fire training facility.
Cm. Casso asked how much money has been invested for land for the fire
training facility at this landfill? Lets say we decide we are not
going to locate there, what are we going to do with the $625,000.00
plus interest. He added that as council they never authorized to use
bond monies to buy landfill property, it was to buy property for a
fire training facility.
Mr. Pena explained that the 57 acres were part of the total 200 acres
that were bought, the total sale was $1.2 million for the 200 acres,
50 acres of it was charged to the bond fund in the amount of
$625,000.00, the 150 acres remaining were sold for the other
$600,000.00, so 150 acres were bought for 650 acres and the 57 were
bought for $650,000.00 The city had a lease, a 30 year lease, for
$35,000.00 a year for that landfill and they bought it for $1.2
million.
The other issue was that it was bought for a fire training facility,
but what happened since then was that in 1995 they built the MURF
which was land that was purchased with bond money which needs to be
reimbursed. In the meantime the Fire Chief has been looking at these
50 acre track which abuts Highway 359, its not a very suitable site
for a fire training facility. They have a lot of head knocking to
whether they want to build it there or not. Carlos Mejia was
contracted to design the training facility in that location, he is two
weeks away from showing his optimum design within that location.
There is sense among staff that it is not the optimum location for
this facility. As soon as they get the report from Mejia to see how
it fits, either they build it there or their recommendation to council
then would be to properly make a decision to put it to market to sell
it so they can use that money to buy some other property to build a
fire training facility. Arbitrate law says if you do not spend the
money within five years, there is a penalty and we are about there,
either this year or next year they will be on that phase because these
bonds were purchased tax exempt.
Within the next three months, they need to decide on the location so
they can go forward to build the facility.
Cm. Casso wants to see the chronology and all the paperwork as to what
led to that decision. He wants to see council votes and the action
taken because it was a bad decision.
Cm. Pena stated there is an alternative, and that is to build it at
that location, which is what the original intention was.
Cm. Casso stated they need to decide whether they are going to build
there or not, he also wants to hear from the Fire
Chief as to what he thinks about that location based on his
professional opinion.
Chief Ramirez stated he was not in favor of the location for several
reasons, in 1994 there was a lot less population and it could have
been more attractive, but at this time there are many people moving to
that area, it has been annexed, and the configuration of the land is
not to his liking. At this time they are waiting for the design from
Mejia Engineers to see if it is conceivable, they are still looking at
several other options that may conceivable.
Mr. Pena stated they will have a recommendation by the second meeting
in March if it is feasible to build there based on what the engineers
have designed or whether they should start considering other sites.
4. Discussion and possible action regarding the Airport Advisory Board.
Cm. Casso explained that when they went to the workshop he heard many
of the Airport Board Members upset that they were not being informed
with due time and told him that they got the jet service report that
day at the meeting. He said they want to get these reports in advance
so that when they go to these meeting they have read them and they
don't have to spend time reading them during the workshops and or at
the meetings. He added that the Airport Board did not go through this
report before it went to the workshop and they are the ones working on
jet service.
Mr. Pena stated that council appointed a committee consisting of Mr.
Bruni, the Mayor, and two Citizens to negotiate the contract with the
airlines. They worked with that committee and there was a lot of
information that was somewhat kept close because of the negotiations
with Continental and American and they didn't want either one to have
an understanding of the whole picture. There are still many details
that have to be deliberated and they will either work with the Airport
Advisory Board or with this committee however council wishes.
Cm. Casso stated it is great that this committee was created, but
nevertheless, that committee should have gone to the Airport Advisory
Board. They should have at least gotten this report in advanced.
Cm. Bruni stated nobody saw the report, not even the committee or the
council until that day.
C. Requests by Councilmember Eliseo Valdez, Jr.
1. Report regarding the status of the City's utilities work portion of
the Hwy 59 reconstruction and widening project.
Cm. Valdez stated there are business concerns, some businesses are
experiencing about 45% loss of their normal business, and he wants to
know what commitment he can get from Mr. Roman as far as the utilities
portion of the work.
He also wants an idea as to what the original construction schedule
is? What the revised schedule is going to look like, and if they are
able to implement some of the ideas discussed today.
Fernando Roman, Utilities Director, briefed a recap of the work done
by the Utilities Department. There are water lines replacements close
to the curve, most of the work is required between McPherson and IH-
35, that is most of the labor intensive work. They have 9-10
crossings under the highway that they are doing as part of the bid
that will be opened this Friday. There are several adjustments
between Ejido and McPherson that are not very challenging.
On the wastewater side they have the most challenging work. They have
8 blocks of 18" line that need about 13 feet down and need to be
backfilled with a certain specification and a method good enough to
resist trailers and heavy traffic.
There is approximately 6,000 ft. of sewer line that needs to follow
going east from that 18" line. All this replacements are necessary
because the project seeks to eliminate the hump on 59 which provides
the drainage for the runoff and instead they are putting a storm
sewer.
They have advanced and should be getting to Barcelona and should be
advancing to Valencia by March 9th. This is in anticipation of the
results of the project bid which are going to be opened on February
27th. They will award the project on March 2nd. They are hoping to
get a contractor that can mobilize within 7-10 days after they let the
project and that would mean that they could get started by March 9th
or 12th. In the meantime, they will maintain their force at work and
continue working on the same sewer line as though we are doing the
whole job. They have asked TxDot to give them four months to finish
all the water work between IH-35 and McPherson and they are saying
that it would not necessarily lengthen the overall time of the
project.
Several scenarios that they can do in the meantime with the traffic
are:
1) To maintain the three lane closure as it is right now.
The advantages of this is that the site is completely controlled
and it is safer. In terms of construction it allows for a faster
pace, because they do not have to be moving barricades and moving
machinery back and forth.
2) That the 21 blocks from Ejido to McPherson remain the way they are
because the contractor can do a lot of work right now. They have
gotten out of the way on that north side of the street and there is
nothing to impede their progress. They were discussing the pros
and cons of allowing the city to open the five lanes of McPherson
Road except for three blocks that are needed for the construction
plus traffic control. Some pros are that there are about 12 blocks
opened to normal traffic and normal circulation. The cons are that
the safety liability goes up and traffic will be coming in and out
of those five lanes into two lanes. They also have to remove
all the machinery at night from the site, cover the trenches.
The decision they have to do is, do we open about 12 blocks
for the full five lanes, assuming the liability and the safety aspects
of job, which we would do as a city? Do we leave the three lanes
closed for the duration of the job, eliminating the safety issue, the
safety liability, but knowing that we have to do something else so
that the merchants can get some relief from the problems that we have
right now. This is basically where they are right now. He said they
did not conclude the meeting today with a conclusion, or
recommendation because they need to meet with Mr. Pena and do
additional work with him before they bring a recommendation to
council.
Cm. Bruni wants that they meet with TxDot to look at the possibility
of working at night and that they also look at shortening the time
line of 18 months.
Juan Villarreal, Area Engineer for TxDot and Salvador Mercado,
Director of Operations, were before council to give an update on the
project. They gave an overview of the project construction, the cost
is approximately $5.7 million, the project was let in June 1997, they
delayed the start of construction until after the Christmas Holidays,
because they felt that is the time most of the merchants in the area
have the most benefit. At this time, the lapse time of the project is
3% and the project is approximately 5% complete.
As far as to how many blocks are ready as far as utilities and why
Price Construction is not working on all 21 blocks,
he said that the area from Ejido to McPherson had crossings all along.
They could not proceed with construction until these crossings were
adjusted. All of the crossings have been adjusted and this was as of
last week. As of this week they started with the storm sewer system,
the sewer system that the contractor is installing is going to be at a
rate of 100 meters a day, it will progress fast and will get to
McPherson fast. TxDot looks at safety and they will go out of its way
to expedite the project, they are talking to the city of possibilities
of changing or refacing the construction. If it is decided to go into
different phasing where they reconstruct only up to McPherson and wait
for the city to get done with utilities, they would still have to go
down to the two lanes after the utilities are out of the way.
They have scheduled weekly meetings with the contractor and the
utility companies, where they provide them with the schedules, updates
of what they have done and weekly plans.
Cm. Perez wants a month per month status report in order to have
merchants informed of the status of the project.
Mr. Mercado stated they met with the property owners on February 5th
which is when they found out about some of the concerns that they
should have probably addressed earlier. Some of the things asked by
the property owners have been addressed. He stated there were two
things that were brought up, working at night and they are looking at
this tonight. Some operations are opened for working at night, but
not the storm sewer. They checked on the accidents and as of January
1997 there were 21 accidents and in January 1998 they had 30. U.S.
359 is 97% complete, the contractor is 99.9 % complete and he has used
only 97% of his time.
Mr. Hector Alvarado, a businessman on Saunders, was concerned
about the pace in which the project is done. He asked help from the
City, because businesses are dying, sale percentages
have gone done, TxDot is concerned about employee safety, but asked
what about them who are the backbone of the city and wants to know
what will be done about it.
Tony Gutierrez, of Kimberly Flower Box, stated they need some relief.
He said that if they are laying a sanitary sewer on the north side of
the highway, why don't they lay the storm sewer right next to it? He
knows that there are design problems, that they need to take care of,
but asked that as they escavate that they do the two sewers and only
do it one time, instead of closing on one side and opening on the
center, that could have been a design that could have taken priority
on the project. He thinks that they should study that situation and
maybe open only once, lay the two sewers, and go about the business.
He asked for relief in the area of taxes from the city.
Cristina Gloria, owner of Gloria Monument Company, had the same
concerns as the other property owners. She has had
problems with too much traffic, she pointed a situation that occurred
to her concerning a safety issue, and stated her business is going
down, and has had drop in sales. In Valentine' Day she had no sales
in flowers and is loosing in the monument sales.
Rosie Gregory on behalf of Gregory Driving School and Texas Against
Drunk Drivers, questioned why contractors didn't take merchants into
consideration before they closed the contract. When she sees accident
rates there is nothing that they can do to slow down motor vehicles
drivers unless they kick off a public service announcement to remind
the motor vehicle drivers of their responsibility in driving and to
look at the stores on Saunders. She asked what would it take for the
City Council or for the Public Access Channel to get together with
these merchants and make a safety tip for the rest of Laredo. They
can re-enact Mrs. Gloria's situation
and create it into a public service.
Mr. Roque Godines a concerned citizen stated he is not a business
person who said these people are asking for help and he wants to see
how fast help will come for them.
Mr. Bob Price, President of Price Construction, stated he understands
and is sympathetic to their plight. As to their capability there has
been eluding that they have too much work, spread too thin, etc. He
explained the job was awarded in June there have been numerous delays
to this project. It was not awarded initially, it was held off due to
the staging of the utilities. When they normally get a contract with
TxDot the utilities are cleared, the bid and the job into the same
month that its awarded by the highway commission and 30 days later
they go to work and that has not been the case here.
He said Price Construction employs 320 men, they have access to $20
million worth of equipment, they do work in 3/4 of the state, they
have the record to show that they are ahead of their timeline in all
their projects. It is important to know that Price has a contract for
the Highway Department they have to demonstrate their financial
capabilities to do these projects, they are not overextended at this
point and time as evidenced by their records, however they are
constrained other ways. They are bond by the contract document, the
bid, a scope of work, once they are the low bidder they are bound by
those specifications and contract documents. They must conform by the
sequence of work, conform with the traffic control plan contained in
the documents, wait on material approvals from TxDot, work with the
chain of command encountering change orders and result in delays, and
must wait on work performed by other parties. They are at the
starting gate and he can appreciate the frustration, from the
residents, the business people and the Councilmembers but they do have
constraints. This project is an extremely structured project, to be
and will be built in phases and stages, he can assure every person
associated with this project that there will be delays and
inconveniences, but want them to be assured that they have the
capabilities to progress the job more rapidly than any other
contractor that can come into Webb County.
2. Status report regarding the program that was developed by the
utilities department to address the frequent line breakages in the
Hillside Terrace area, with possible action.
Fernando Roman, Utilities Director, identified that Nebraska,
South Dakota and Oklahoma had the highest frequency of vibrates.
During the budget work shop last year the project was estimated at
approximately $230,000 but has been revised
and calculations may be more in the order of $120,000 based
on considerations that need to be taken.
In regards to the allocation of crews, seven crews are in the
department, three on emergency response, one in resurfacing
which is presently doing Gustavus and will be complete
in approximately two months which is the most likely
candidate to be moved out to the Hillside area. Two crews
are working TxDOT which probably will be committed for
four months and have one doing taps and other construction
projects and as work permits that crew will be called to move
into the Hillside and begin replacing some of the lines. In the
meantime, when a broken pipe occurs it will be replaced rather than
patching, but in reality there is about 3,000 ft. of line that needs
to be replaced and has and estimated value of $120,000.
D. Requests by Councilmember Mario G. Alvarado
1. Discussion and possible action regarding the establishment of a water
point at the Santa Isabel Water Well.
Fernando Roman, Utilities Director, stated that the well is working,
the reverse osmosis unit is working, and it can produce water.
In the past, they have discussed the possibility of putting a water
point similar to the one the county operates at the foot of La Bota
Ranch elevated storage tank. They have been looking at distances, for
example the distance of Penitas, they traveled the 74 miles to go to
La Bota vs. going to Santa Isabel. For them putting a water point at
Santa Isabel wouldn't necessarily be more convenient than going to La
Bota, however there is population (approximately 120 people) between
the Las Tiendas Road and Santa Isabel that would be benefit them by
having a water point. The water point would benefit us to keep the
production up and keep the plant working. He said that the county
invested about $15,000 plus the machinery (water dispenser) on the
water point at La Bota and he suggested that Council identify $20,000
to begin so that they can install a water pump in the area and then
serve the people who live in the immediate vicinity of Santa Isabel.
He added they have been indicated to pursue some co-funding with the
county and they have indicated that whatever residual monies the have
to La Bota project, they would be glad to consider that for a project.
He said he does not know what amount of money it is, but that they
could take the item to their Commissioners Court and discuss the item
in their session.
Cm. Alvarado questioned what arrangement if any, do we have with the
county regarding water points throughout the city and what are the
average monthly estimates on the bills.
Mr. Roman explained, we give them the location where it can be
installed, we furnish the meter, they make the arrangements to have
the site improved, we simply do the meter reading and send them the
bill, they upgrade the water point. He does not have the volume
figures on estimates on the monthly bills, but will bring them at a
later date. The one that has the most consumption is at the Casa
Blanca Lake and the one on the Mines Road.
Mr. Roman stated thinks that the $20,000 can be taken from some
residual funds on projects that have been finished, they will bring a
report on an analysis of the reserves so that council can see where
monies can be obtained.
Cm. Alvarado asked Mr. Roman place this item on the Webb County
Commissioners Court Agenda to make the request and that he be advised
when the item is placed on the Commissioners Court agenda.
Cw. Montalvo wants copies of the receipts that the county pays for
those water services.
Motion to instruct Mr. Roman to proceed on this item, meet with the
county before March 16th to see what kind of financial arrangement can
be made and who is going to pay for the meter cost and the consumption
of water. He wants Mr. Roman to come back with the volume figures,
reserve figures and that this item be brought back for Council
approval on March 16th.
Moved : Cm. Alvarado
Second: Cw. Montalvo
For: 8 Against: 0 Abstain: 0
X. PUBLIC HEARINGS
21. Second public hearing for the voluntary annexation of 420.00 acres,
more or less, of Unitec Industrial Park Tract as described below, as
required by Section 43,052 of the Texas Local Government Code.
TRACT 1: Unitec Industrial Park Tract - 420 acres,
more or less. Petitioner: Royal Joint Venture.
Motion to open the public hearing.
Moved : Cm. Perez
Second: Cm. Alvarado
For: 8 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing and introduce.
Moved : Cm. Perez
Second: Cw. Moreno
For: 7 Against: 0 Abstain: 1
Cm. Bruni
Ordinance Introduction: City Council
22. Public hearing concerning the application by TransTexas Gas
Corporation c/o Ralph Bryant amending the Zoning Ordinance (Map) of
the City of Laredo by rezoning 7.72 acres, as further described by
metes and bounds, located on State Highway 359, also known as
TransTexas Gas Corporation, from R-1 (Single Family Residential
District) to M-1 (Light Manufacturing District). The Planning and
Zoning Commission recommends approval of the zone change.
INTRODUCTION OF AN ORDINANCE
Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning
7.72 acres, as further described by metes and bounds, located on State
Highway 359, also known as TransTexas Gas Corporation, from R-1
(Single Family Residential District) to M-1 (Light Manufacturing
District).
Motion to open the public hearing.
Moved : Cm. Perez
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing and introduce.
Moved : Cm. Perez
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
Ordinance Introduction: Cm. Perez
23. Public hearing concerning the application by Mercy Hospital, Owner,
and Hamilton Management, Inc., Applicant, amending the Zoning
Ordinance (Map) of the City of Laredo by rezoning 5.122 acres, as
further described by metes and bounds, located at the 6300 Block of US
59, from AG (Agricultural District) and R-1A (Single Family Reduced
Area District) to R-1-MH (Single Family Manufactured Housing
District). The Planning and Zoning Commission recommends approval of
the proposed zone change.
INTRODUCTION OF AN ORDINANCE
Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning
5.122 acres, as further described by metes and bounds, located at the
6300 Block of US 59, from AG (Agricultural District) and R-1A (Single
Family Reduced Area District) to R-1-MH (Single Family Manufactured
Housing District).
Motion to open the public hearing.
Moved : Cw. Montalvo
Second: Cm. Perez
For: 8 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing and introduce.
Moved : Cm. Bruni
Second: Cm. Perez
For: 8 Against: 0 Abstain: 0
Ordinance Introduction: Cm. Bruni
24. Public hearing concerning the application by Mercy Hospital, Owner,
and Hamilton Management Inc., Applicant, amending the Zoning Ordinance
(Map) of the City of Laredo by rezoning 0.997 acres, as further
described by metes and bounds, located at the 6400 Block of U.S.
Highway 59, from AG (Agricultural District) to B-3 (Community Business
District), and authorizing the issuance of a Conditional Use Permit
for manufactured housing sales on said site. The Planning and Zoning
Commission recommends approval of the proposed zone change and
conditional use permit.
INTRODUCTION OF AN ORDINANCE
Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning
0.997 acres, located at the 6400 Block of U.S. Highway 59, from AG
(Agricultural District) to B-3 (Community Business District), and
authorizing the issuance of a Conditional Use Permit for manufactured
housing sales on said site; providing for publication and effective
date.
Motion to open the public hearing.
Moved : Cw. Montalvo
Second: Cm. Perez
For: 8 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing and introduce.
Moved : Cm. Bruni
Second: Cm. Perez
For: 8 Against: 0 Abstain: 0
Ordinance Introduction: Cm. Bruni
25. Public hearing concerning the application by Donato D. Ramos, Owner,
and North House Properties, Ltd., Applicant, amending City of Laredo
Ordinance No. 96-O-097 which authorized the issuance of a Special Use
Permit for a Mobile Home Park on 24.5 acres, as further described by
metes and bounds located on Hwy 59, also known as Casa Del Sol Mobile
Home Park, by revising the site plan. The Planning and Zoning
Commission recommends approval of the amendment to Ordinance No.
96-O-097.
INTRODUCTION OF AN ORDINANCE
Amending City of Laredo Ordinance No. 96-O-097 which authorized the
issuance of a Special Use Permit for a Mobile Home Park on 24.5 acres,
as further described by metes and bounds located on Hwy 59, also known
as Casa Del Sol Mobile Home Park, by revising the site plan.
Motion to open the public hearing.
Moved : Cm. Perez
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing and introduce.
Moved : Cm. Bruni
Second: Cm. Alvarado
For: 8 Against: 0 Abstain: 0
Ordinance Introduction: Cm. Bruni
26. Public hearing concerning the application by Claudia and Mary Ellen G.
Fox amending the Zoning Ordinance (Map) of the City of Laredo by
rezoning Lots 1 and 2, Block 470, Eastern Division, located at 4217
Marcella Avenue, from R-3 (Mixed Residential District) to B-1 (Limited
Business District). The Planning and Zoning Commission approval of the
zone change.
INTRODUCTION OF AN ORDINANCE
Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning
Lots 1 and 2, Block 470, Eastern Division, located at 4217 Marcella
Avenue, from R-3 (Mixed Residential District) to B-1 (Limited Business
District).
Motion to open the public hearing.
Moved : Cm. Bruni
Second: Cm. Perez
For: 8 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing and introduce.
Moved : Cm. Valdez
Second: Cm. Perez
For: 8 Against: 0 Abstain: 0
Ordinance Introduction: Cm. Valdez
27. Public hearing amending the City of Laredo's FY 1997-98 General Fund
by appropriating $400,000.00, from fund balance to be transferred to
the Water Fund and appropriating said balance in the Water Fund
revenues and expenses.
INTRODUCTION OF AN ORDINANCE
Amending the City of Laredo's FY 1997-98 General Fund by appropriating
$400,000.00, from fund balance to be transferred to the Water Fund and
appropriating said balance in the Water Fund revenues and expenses.
Motion to open the public hearing.
Moved : Cm. Perez
Second: Cw. Moreno
For: 8 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing and introduce.
Moved : Cm. Perez
Second: Cm. Casso
For: 8 Against: 0 Abstain: 0
Ordinance Introduction: City Council
XI. ADJOURNMENT
Motion to adjourn.
Moved : Cm. Valdez
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
Adjournment time: 9:45 P.M.
I HEREBY CERTIFY THAT THE ABOVE MINUTES CONTAINED IN PAGES 01 TO 29 ARE TRUE,
COMPLETE, AND CORRECT PROCEEDING OF THE CITY COUNCIL MEETING HELD ON THE 23RD
DAY OF FEBRUARY, 1998. A CERTIFIED COPY IS ON FILE AT THE CITY SECRETARY'S
OFFICE.
________________________
GUSTAVO GUEVARA, JR.
CITY SECRETARY
Minutes Prepared by: Delia Rodriguez