CITY
OF LAREDO
CITY COUNCIL
MEETING
M2001-R-29
LAREDO, TEXAS
78040
NOVEMBER
19, 2001
5:30 P.M.
I. CALL TO
ORDER
With a quorum present, Mayor Elizabeth G. Flores called the meeting to order.
Mayor Elizabeth G. Flores led in
the Pledge of Allegiance.
III. ROLL CALL
Elizabeth G. Flores, Mayor
Alfredo Agredano, Council Member, District I
Louis H. Bruni, Council Member, District II
John C. Galo, Council Member, District III
Johnny Amaya, Council Member, District IV
Eliseo Valdez, Jr., Mayor Pro Tempore, District V
Joe A. Guerra, Council Member, District VI
Jose A. Valdez, Jr., Council Member, District VII
Gustavo Guevara, Jr., City Secretary
Larry Dovalina, City Manager
Cynthia Collazo, Assistant City Manager
Jaime Flores, City Attorney
Announcements
Cm. Ramirez announced that Mayor Pro Tem Valdez, City Manager Dovalina, and other city staff members met with the delegation from San Miguel de Allende and had good communications with them. He extended Thanksgiving wishes to everyone and their families and asked for prayers for those soldiers stationed overseas.
Cm. J. Valdez, Jr., wished everyone a good and safe Thanksgiving holiday.
Cm. Guerra wanted to thank staff on two issues: 1) he has received the report from the 77th Legislative Session concerning the Texas Border Infrastructure Coalition; and
2) action taken regarding some flooding problems in the older part of Del Mar Subdivision. He thanked staff for their assistance in coming up with a solution to this matter. He extended Happy Thanksgiving wishes to everyone.
Mayor Pro Tempore Valdez, Jr. thanked the City Manager and his staff for the work they continue to do for District V. He wished everyone in District V and the City of Laredo a blessed and happy Thanksgiving.
Cm. Amaya mentioned that there will be a distribution of turkeys to the less fortunate residents of District IV during the 2nd Annual Turkey Giveaway. Last year, over 60 turkeys were donated to needy families and tomorrow he expects to do even better. He thanked the local businesses who provided financial support to this and other District IV projects. He also thanked the people who have volunteered their time and dedication. He wished everyone a safe and happy Thanksgiving.
Cm. Galo stated that he had the good fortune of attending the Feast of Sharing where they served over 12,000 meals to the people. On a separate note, he mentioned that on the Punt-Pass and Kick competition, we had two ambassadors from Laredo. There is a 10-year old athlete, Ms. Agent, who qualified for the quarter finals by winning her division.
Cm. Bruni submitted the Southwest Texas Rain Enhancement Association reports for Flight #s 93 through 97 dated November 14, 2001, and Flight #s 98, 99, and R-21 dated November 15, 2001, for the record. He reminded everyone that the association does not seed over the metropolitan areas. He also wished the constituents in District II and the citizens in the City of Laredo a safe and happy Thanksgiving holiday.
Cm. Agredano extended good wishes and blessings to all his family, the citizens of Laredo, and his committee appointees.
Mayor Flores extended good wishes for a happy and safe Thanksgiving holiday to everyone in the City of Laredo. She also welcomed the new coordinator for the Customer Service Department, Eddie Zavala, who recently joined the city staff.
Invitations
None.
Recognitions
None.
Communiqués
None.
None.
VI. PUBLIC HEARINGS
1a. Public hearing for the voluntary annexation of Tract 1: UISD Tract-10.00 acres, more
or less; and
Motion to open the public hearing.
Moved: Cm. Bruni
Second: Cm. Galo
For: 8 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing.
Moved: Cm. Galo
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
1b. Public hearing for the voluntary annexation of Tract 2: Mejia Tract-0.34 acres, more
or less; and
Motion to open the public hearing.
Moved: Cm. Bruni
Second: Cm. Galo
For: 8 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing.
Moved: Cm. Galo
Second: Cm. J. Valdez, Jr.
For: 8 Against: 0 Abstain: 0
1c. Public hearing for the voluntary annexation of Tract 3: Heirloom Tract-13.67 acres,
more or less; and
Motion to open the public hearing.
Moved: Cm. Galo
Second: Cm. J. Valdez, Jr.
For: 8 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing.
Moved: Cm. J. Valdez, Jr.
Second: Cm. Galo
For: 8 Against: 0 Abstain: 0
1d. Public hearing for the voluntary annexation of Tract 4: FESCO Tract-66.126 acres,
more or less; and
Motion to open the public hearing.
Moved: Cm. Bruni
Second: Cm. Galo
For: 8 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing.
Moved: Cm. Galo
Second: Cm. Agredano
For: 8 Against: 0 Abstain: 0
1e. Public hearing for the voluntary annexation of Tract 5: Flores Tract-0.96 acres, more
or less; and
Motion to open the public hearing.
Moved: Cm. Galo
Second: Cm. Amaya
For: 8 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing.
Moved: Cm. Bruni
Second: Cm. Agredano
For: 8 Against: 0 Abstain: 0
1f. Public hearing for the unilateral annexation of Tract 6: Tex-Mex Railway Tract
228.6075 acres, more or less; and
Motion to open the public hearing.
Moved: Cm. Agredano
Second: Cm. Galo
For: 8 Against: 0 Abstain: 0
Keith Selman, City Planner, recommended that City Council close all the public
hearings rather than taking in additional action being that there will be two additional
public hearings in December.
Ron Whitehawk, representing Tex-Mex Railway, stated that this particular annexation
is an involuntary annexation. It is the same acreage and same location as was seen last
year which was ultimately not annexed by the City. He mentioned that the entire
acreage is used by the Tex-Mex Railway (Solano Railroad yard) and there will be no
surrounding development in terms of their own acreage as part of the Tex-Mex Master
Plan. He is recommending to City Council that the land not be annexed.
Motion to close the public hearing.
Moved: Cm. Galo
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
1g. Public hearing for the unilateral annexation of Tract 7: Lake/Life Downs Tract-
776.19 acres, more or less; and
Motion to open the public hearing.
Moved: Cm. Bruni
Second: Cm. Galo
For: 6 Against: 0 Abstain: 2
Cm. Amaya
Mayor Pro Tem Valdez
Pete Morales, Assistant Planning Director for Webb County, spoke on the County's
opposition to the annexation of this tract, specifically, the annexation of the Road and
Bridge Department facility. He stated that there is no revenue to the City from this
land and requested that City Council follow Planning and Zoning Commission's
recommendation to deny annexation of this property. He further stated that if L.I.F.E.
Downs were to be annexed, the paving ordinance requirement would kick in.
Mayor Flores stated that when the City decides to annex certain land, it does not
annex with a particular zone except for something that is already established.
Keith Selman, City Planner, agreed that it is City Council's discretion to bring certain
land in on a given zoning designation. In this particular case, he would not recommend
giving a property located on Hwy. 59 an M-2 zoning which is the least restrictive
zoning designation. He would recommend to City Council to let the property come in
under an AG zoning designation, stating that whatever is occurring, in terms of use of
property, would be allowed to occur under a non-conforming status. He stated that if
there ever was a transition into a more intensive use or expansion of the non-
conforming status, then they would come in and petition for a change through the zone
change process. On the issue of the paving requirement, the owners would be required
to pave the land as stated under the paving ordinance.
Cm. Galo also stated that he would not recommend an M-2 zoning designation and
would rather grant a conditional use permit instead of an M-2 designation.
Mayor Pro Tempore E. Valdez, Jr. inquired whether it is true that there are some other
M-2 uses in that area.
Keith Selman, City Planner, responded that he does not know whether there are other
M-2 uses in the area. He indicated that there are specific issues that must be resolved
and it is difficult to resolve said issues during this initial annexation hearing.
Tomas Rodriguez, Jr., Webb County Utilities Director, spoke about the issue and stated
that the County is against the annexation. He is most concerned about the Road and
Bridge Department complex that is already operating. He requests that the City
Council consider the M-2 zoning designation for that particular area. He stated that the
County already platted their property back in 1997 and spent about $235,000.00 to
$250,000.00 worth in sewer lines to properly develop the land. Now, he is asking that
City Council consider an M-2 zoning designation for this complex.
Cm. J. Valdez, Jr. stated that he recommends granting the County a conditional use
permit designation.
Motion to close the public hearing.
Moved: Cm. Bruni
Second: Cm. J. Valdez, Jr.
For: 8 Against: 0 Abstain: 2
Cm. Amaya
Mayor Pro Tem Valdez
1h. Public hearing for the unilateral annexation of Tract 8: Larga Vista Tract-36.26 acres,
more or less; and
Motion to open the public hearing.
Moved: Cm. Galo
Second: Cm. J. Valdez, Jr.
For: 8 Against: 0 Abstain: 0
Pete Morales, Assistant Planning Director for Webb County, stated that the only
opposition the County had to the annexation of this tract is the annexation of Lots 55
and 56. These are county-owned lots on which the Community Center is located. He
mentioned that the proposed zoning as an R-3 has been discussed at length with Keith
Selman. He pointed out that in the Land Development Code, the City requires a B-1
designation for government buildings. He, therefore, requests that the City Council
carve out those two lots and not annex them or if annexed, to grant the County a B-1
designation for these county-owned lots.
Motion to close the public hearing.
Moved: Cm. Bruni
Second: Cm. J. Valdez, Jr.
For: 8 Against: 0 Abstain: 0
1i. Public hearing for the unilateral annexation of Tract 9: Colombia Bridge Tract
137.8539 acres, more or less.
Motion to open the public hearing.
Moved: Cm. Agredano
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
Ray Rodriguez, attorney, spoke on behalf of Scibienski and Dolores Land Company
and Trust, fee simple title holders of the property underlying the proposed annexation.
The Scibienski Family did not receive timely notice of this proposed annexation. The
Dolores Family Trust has never received notice at all. Nevertheless, the land owners
are cooperating and looking forward to obtaining an M-1 zoning designation on said
property.
Motion to close the public hearing.
Moved: Cm. J. Valdez, Jr.
Second: Cm. Bruni
For: 8 Against: 0 Abstain
2. Public hearing and introductory ordinance authorizing the City Manager to amend the City of Laredo FY 2001-2002 annual budget in the amount of $180,866 for the Laredo Multi Agency Narcotics Task Force. Funding is available in the opening balance of the Narcotics Task Force Fund. Funding in the amount of $92,866 will be used to pay overtime and benefits. The additional amount of $88,000 will be used to match the grant from November 1, 2001 through May 31, 2002.
Motion to open public hearing.
Moved: Cm. Galo
Second: Cm. J. Valdez, Jr.
For: 8 Against: 0 Abstain: 0
There was no public input.
Motion to close public hearing and introduce.
Moved: Cm. Galo
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
Ordinance Introduction: City Council
3. Public hearing and introductory ordinance authorizing the City Manager to amend the City of Laredo FY 2001-2002 annual budget in the amount of $40,000 for overtime and travel expenses for four Laredo Police Department Investigators and four Webb County Narcotics Investigators from October 20, 2001 through September 30, 2002. This overtime is reimbursed 100% from an Organized Crime Drug Enforcement Task Force Agreement (OCDETF) in conjunction with the Federal Bureau of Investigation (FBI) and the United States Department of Justice.
Motion to postpone.
Moved: Cm. Galo
Second: Cm. Agredano
For: 8 Against: 0 Abstain: 0
VII. GENERAL
COUNCIL DISCUSSIONS AND PRESENTATIONS
4. A. Request by
Council Member Juan Ramirez
1. Discussion of contract between the City of Laredo and Laredo
Metro, Inc., with possible action.
Jaime Flores, City Attorney, explained that the contract between the City of Laredo and the Laredo Metro, Inc. is a contract entered into back in July, 1999, and addresses the responsibilities of Laredo Metro, Inc. and the City of Laredo.
Cm. Ramirez mentioned that he wants some concerns addressed in regards to the lack of a union contract.
Cm. Galo asked for clarification as to what exactly is the purpose of having the City Manager review the responsibilities of Laredo Metro, Inc. under the contract. He mentioned that he has received numerous complaints regarding the performance by Laredo Metro, Inc. He inquired whether the next step would be to submit a request for proposals.
Jaime Flores, City Attorney, stated that it would be appropriate for City Council to articulate specific complaints regarding their dissatisfaction with the performance by Laredo Metro, Inc. This is merely notice from the City Manager and City Council of their intent to look into the growing concerns rather than providing notice of termination of the existing contract. He advised that first, the City should consider giving notice to the transit system's management of the City Council's dissatisfaction with its performance. Then, the City Manager's Office could come back with a report to City Council as to what change came about. He stated that if there was no change, City Council could then proceed with requests for proposals and the actual notice.
Mayor Flores stated that members of City Council that are not satisfied with the contract should be given an opportunity to express their concerns.
Cm. Galo mentioned that his concerns revolve more around the way the employees are being treated. He stated that the complaints have been on the rise since the new management team has been in place and he would like to address those concerns.
Mayor Flores commented that there is a serious meltdown in the whole organization and she does not believe it is fair to the general manager or the employees. She also stated that this situation is something that can be remedied if the City Council takes quick action that is fair.
Motion to instruct the City Manager to provide notice to the Laredo Metro, Inc. General Manager of a possible termination of the contract.
Moved: Cm. Ramirez
Second: Cm. Amaya
For: 8 Against: 0 Abstain: 0
Larry Dovalina, City Manager, stated that the City would send a letter this week so the board members of Laredo Metro, Inc. may address this concern at their meeting of December 12, 2001.
Cm. J. Valdez, Jr. mentioned that he is primarily concerned with the employee complaints and would like to correct this as soon as possible.
Cm. Galo inquired whether the City needs to send a letter of termination or can the City go forward with its requests for proposals.
Jaime Flores, City Attorney, replied that it would be something that the City would do simultaneously.
4. Amending Chapter 19, Motor Vehicles and Truck Traffic, Article XI Truck Traffic by specifically amending Section 19-435, Permit Issuance, to increase the width limits for oversize loads from sixteen feet to seventeen feet and the height limit from fourteen feet six inches to fifteen feet at the World Trade Bridge; providing for severability, an effective date and publication.
Ordinance Introduction: City Council
5. Authorizing the City Manager to execute a lease agreement with ASA Group, Ltd., for approximately 3.135 acres (136,560.60 square feet) constituting Tract 6 of Block 1 and approximately 3.135 acres (136,560.60 square feet) constituting Tract 7 of Block 1 of the Subdivision Plat of the Laredo International Airport Terminal Subdivision located at the Laredo International Airport. Lease term is for forty (40) years commencing on December 1, 2001 and ending on November 30, 2041.