CITY OF LAREDO

CITY COUNCIL MEETING

M2000-R-31

CITY COUNCIL CHAMBERS

1110 HOUSTON STREET

LAREDO, TEXAS 78040

NOVEMBER 20, 2000

5:30 P.M.

 

I.          CALL TO ORDER

 

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

 

II.        PLEDGE OF ALLEGIANCE

 

            Mayor Elizabeth G.  Flores led in the Pledge of Allegiance.

 

III.       ROLL CALL

 

            In attendance:

            Elizabeth G.  Flores,                                         Mayor

            Alfredo Agredano,                                            Council Member, District I

            Louis H.  Bruni,                                                Council Member, District II

            John C.  Galo,                                                  Council Member, District III

            Johnny Amaya,                                                 Council Member, District IV

            Eliseo Valdez, Jr.,                                             Council Member, District V

            Joe A.  Guerra,                                                 Mayor Pro Tempore, District VI

            Jose Alberto 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 16, 2000, October 20, 2000 and October 23, 2000.

 

Motion to approve.

 

Moved:  Cm.  Agredano

Second:  Cm.  Amaya

For:     8                                               Against:  0                                            Abstain:  0

 

V.        COMMUNICATIONS AND RECOGNITIONS

 

Announcements

 

            None

 

Invitations

 

            None

 

Recognitions

 

a.  Recognition of Raul "Roy" Garcia, Code Enforcement Supervisor, who has involved a

large number of young people in the effort to help the appearance of the community by eliminating graffiti in west Laredo.  Others involved were the All Youth Volunteers, Judge Hector Liendo, District VII Council member Jose A. Valdez, Jr., Christina Fracchia, City of Laredo Non-Profit & Volunteer Organization, City of Laredo Code Enforcement Division, Mr. Victor Carrera of Monarch Paint and International Trucking, Company.        

 

Mayor Flores and City Council publicly recognized Roy Garcia.

 

Mayor Flores asked Karina Gonzalez, Rolando Perez, Mario Casares, Javier Pena, Eusebio Benavides, Luis Villa and Mario Gutierrez to accompany Raul R.  Garcia, while the Council presented him a Seven Flags Certificate.

 

b.  The Parks & Recreation Department recently hosted the 10th Annual Mayor's Cup

Tournament at the Benavides Softball Complex.  The City employee tourney featured participants from eight departments including Water Distribution, City Hall, Public Works, Bridge, Fire, Police, Utilities and PARD.  The Utilities Department played 5 consecutive grueling games in the double elimination tournament to win the 2000 Mayor's Cup.  The Police and Fire placed second and third, respectively.

 

     Utilities Department Team Members:

 

  1.  Albert Cantu (Manager)

  2.  Guillermo Guerrero

  3.  Encarnacion Rosales

  4.  Roman Martinez

  5.  Sergio Valdez

  6.  Gilberto Litman

  7.  Robert Rodriguez

  8.  Juan Bernal

  9.  Hector Cadena

10.  Jesus Valdez

11.  Gustavo Garcia

12.  Ramiro Aguirre

13.  Tony Mora, III

14.  Humberto Serradell

                

Mayor Flores presented the 10th Annual Mayor’s Cup to the Utilities Team members for placing first in the softball tournament

 

c.  Recognition of the 28 students who have been chosen as "Eighth Graders of the Month"

from their respective campuses.  The Laredo Police Department's Community Relations Unit recently implemented the program at most of the middle school campuses across the city and each participating school has a committee which chooses one student each month for the current school year.  In October as well as November, fourteen students each month are recognized with certificates and prizes as coordinated by Captain Blasa Bluhm of the Community Relations Unit. 

 

Mayor and Council recognized and presented certificates to the following students:

 

Liana Leal                                                   George Washington Middle School

Stephanie De La Fuente                               San Augustine High School

Nancy Mendoza                                          George Washington Middle School

Ricardo Gutierrez                                        Mary Help of Christians School

Wayo Mountou                                           United Day Middle School

Ricardo Fabela                                            St.  Augustine High School

Tony Ojeda                                                 Memorial Middle School

Christina Plata                                             Salvador Garcia Middle School

Pilar Rangel                                     Cigarroa Middle School

Gerardo Gonzalez                                        Lamar Middle School

Mario Valdez                                              Salvador Garcia Middle School

Cynthia Angelica Gallardo                Los Obispos Middle School

 

d.  Cm.  Galo read the following excerpts from a dissertation written by Jo Goodwin

     Parker given to him by Jesus Hernandez:

                

“Poverty is getting up every morning from a dirt and illness stained mattress.  The sheets have long since been used for diapers.  Poverty is living in a smell that never leaves.  This is a smell of urine, sour milk, and spoiling food sometimes joined with the strong smell of long-cooled onions.  Onions are cheap.  if you have smelled this smell, you did not know how it came.  It is the smell of the outdoor privy.  It is the smell of the mattresses where years of “accidents” have happened.  It is the smell of the milk, which has gone sour because the refrigerator long has not worked, and it costs money to get it fixed.  It is the smell of rotting garbage.  I could bury it, but where is the shovel?  Shovels cost money?”

 

“Poverty is an acid that drips on pride until all pride is worn away.  Poverty is a chisel that chips on honor until honor is worn away.  Some of you say that you would do something in my situation, and maybe you would, for the first weeks or the first month, but for year after year?”

 

            e.  Mayor Flores read the following letter from Mr.  & Mrs.  Fructoso San Miguel Jr.: 

 

                        Dear Mayor Flores:

 

We would like to thank Councilman for District VIII, Mr. Juan Ramirez, for his prompt response to an old situation that our neighborhood has dealt with concerning stray animals on the streets and involving the agency in charge of this manner.  Mr. Ramirez’s dedication and hard work will certainly make a difference to correct not only the situation but others that have been left under solved due to the fact of time and constancy that we all lack in our modern days.  Thank God he is willing to do his best for our residence in this district.

 

            f.  Mayor Flores read the following letter:

 

       Dear Mayor Flores:

 

You would be doing a wonderful thing for those of us who are handicapped if you were to establish a pay all your bills station at the corner of Del Mar and McPherson where we could pay all bills such as AT & T, cable and natural gas, city property, county property, United Independent School District, Laredo Independent School District, Southwestern Bell Telephone Bills and water bills.

 

       A handicapped person.

 

g.  Mayor Flores mentioned a memorandum that the Council had received from Jose

Vela in reference to National Make a Difference Day.   He informed the Council of the volunteer participation that he received from the community and of the different projects, which also included picking up over a 1000 pounds of trash along different areas.

 

h.  Mayor Flores informed the public of two occasions where the city held an Operation

Clean Up Campaign.   In the 25 miles that were patrolled on October 16th , there were 77 tons of unwanted accumulations that were removed by the Department of Public Works which also included four stray dogs, 13 citations for junk vehicles, and many warnings to the different landowners.  On October 27th, 18 miles were patrolled and 34 tons of unwanted accumulations were removed.  

 

Communiqués

 

     None

 

VI.       APPOINTMENTS TO COMMISSION, BOARDS AND COMMITTEES

 

a.  Appointment of Hector Garcia, Jr. by Council Member John C. Galo to the Citizens

     Environmental Advisory Committee.

 

                 Motion to approve.

 

                 Moved:  Mayor Pro Tempore Guerra

                 Second:  Cm.  Agredano

                 For:     8                                          Against:  0                                            Abstain:  0

 

VII.     PUBLIC HEARINGS

 

1.  Public hearing amending the City of Laredo FY 2000-2001 General Fund Budget by

creating seven (7) new firefighter positions to the EMS Division at Fire Station No. 11 located on Highway 359, as authorized by the City Council to be effective upon adoption; and increasing estimated revenues and expenditures of $106,551.00 in said budget.

 

 

 

INTRODUCTION OF AN ORDINANCE

Amending the City of Laredo FY 2000-2001 General Fund Budget by creating seven (7)

new firefighters positions to the EMS Division at Fire Station No. 11 located on Highway 359, as authorized by the City Council to be effective upon adoption; and increasing estimated revenues and expenditures of $106,551.00 in said budget.

 

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 and introduce.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:      8                                         Against:  0                                            Abstain:  0

 

Ordinance introduction:  City Council

 

2.  Public hearing authorizing the issuance of City of Laredo, Texas Combination Tax and

Revenue Certificate of Obligation, Series 2000, in the principal amount of $9,400,000.00 for paying all or a portion of the City's contractual obligations for the purpose of constructing and equipping a new Municipal Court; constructing and improving the City's streets, to-wit: Shiloh widening, Santa Maria reconstruction, Jacaman Road (through Airport property), Springfield/Calle Del Norte; Cuatro Vientos Road, Meadow at TexMex (traffic analysis, feasibility study, and overpass design), McPherson widening, Springfield Avenue extension, Bartlett from Hillside to Gale, and the acquisition, design and construction of Inner City Park, and the payment of legal, fiscal, architectural and engineering fees in connection with such budget and ordaining other matters relating to the subject and authorizing amendment to City's budget to appropriate such proceeds for purpose authorized herein.

 

INTRODUCTION OF AN ORDINANCE

Authorizing the issuance of City of Laredo, Texas Combination Tax and Revenue Certificates of Obligation, Series 2000, in the principal amount of $9,400,000.00 for paying all or a portion of the City's Contractual Obligations for the purpose of constructing and equipping a new Municipal Court; constructing and improving the City's streets, to-wit: Shiloh widening, Santa Maria reconstruction, Jacaman Road (through Airport property), Springfield/ Calle del Norte; Cuatro Vientos Road, Meadow at Tx Mex (traffic analysis, feasibility study, and overpass design), McPherson widening, Springfield Avenue extension, Bartlett from Hillside to Gale, and the acquisition, design and construction of Inner City Park, and the payment of legal, fiscal, architectural and engineering fees in connection with such projects and ordaining other matters relating to the subject and authorizing amendment to City's Budget to appropriate such proceeds for purposes authorized herein.

 

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 and introduce.

 

Moved:  Cm.  Bruni

Second:  Cm.  Agredano

For:     8                                          Against:  0                                            Abstain:  0

 

Ordinance introduction:  City Council

 

3.  Public hearing authorizing the issuance of City of Laredo, Texas, Public Property

Finance Contractual Obligations, Series 2000-A, in the principal amount of $1,600,000.00, for the purchase of automotive equipment, trucks, fire engine, ambulance, sweepers, mowers, street equipment and computers and ordaining other matters relating to the subject and authorizing amendment to City's budget to appropriate such proceeds for purposes authorized herein.

 

INTRODUCTION OF AN ORDINANCE

Authorizing the issuance of City of Laredo, Texas, Public Property Finance Contractual Obligations, Series 2000-A, in the principal amount of $1,600,000.00, for the purchase of automotive equipment, trucks, fire engines, ambulances, sweeper, mowers, street equipment and computers and ordaining other matters relating to the subject and authorizing amendment to City's Budget to appropriate such proceeds for purposes authorized herein.

 

Motion to open the public hearing.

 

Moved:  Cm.  Bruni

Second:  Cm.  Agredano

For:     8                                          Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Bruni

Second:  Cm.  Agredano

For:     8                                          Against:  0                                            Abstain:  0

 

Ordinance introduction:  City Council 

 

4.  Individual public hearings for the voluntary annexation of five (5) tract of land (Tract 1:

Dolores Ranch Tract - 169.195 acres, more or less; Tract 2: Killam Industrial Tract - 207.4636 acres, more or less; Tract 3: Killam Ponderosa Tract - 194.8842 acres, more ore less; Tract 4: Hurd Tract - 124.6586 acres, more or less; Tract 5: Treviño Tract - 1.971 acres, more or less) totaling 698.1724 acres, more or less, and the unilateral annexation of three (3) tracts of land (Tract 6: Tex-Mex Railway Tract - 228.6075 acres, more or less; Tract 7: Mines Road Tract - 14.817 acres, more or less; Tract 8: Wormser Road Tract - 5.9861 acres, more or less) totaling 249.4106 acres, more or less, for a total of 947.583 acres, as described in the tract summaries as required by Section 43.063 of the Texas Local Government Code.

 

Motion to open the public hearing on Tract # 1.

 

Moved:  Cm.  Bruni

Second:  Cm.  Agredano

For:     8                                          Against:  0                                            Abstain:  0

 

Keith Selman, City Planner, described the voluntary annexation tracts and the unilateral annexations and read into the record the service plans to such annexations. 

 

Motion to close the public hearing on Tract # 1.

 

Moved:  Cm.  Bruni

Second:  Cm.  Agredano

For:     8                                          Against:  0                                            Abstain:  0

 

Motion to open the public hearing on Tract # 2.

 

Moved:  Cm.  Bruni

Second:  Cm.  Agredano

For:     8                                          Against:  0                                            Abstain:  0

 

Keith Selman, City Planner, read the variation to the service agreement.  The Fire protection and Emergency Medical Services:  First response fire and Emergency Medical Service will be provided to the area immediately upon the effective date of annexation from Fire Station No.  10 which is located approximately 1.7 miles from the proposed site. 

 

Motion to close the public hearing on Tract # 2.

 

Moved:  Cm.  Bruni

Second:  Cm.  Agredano

For:     8                                          Against:  0                                            Abstain:  0

 

Motion to open the public hearing on Tract # 3.

 

Moved:  Cm.  Bruni

Second:  Cm.  Agredano

For:     8                                          Against:  0                                            Abstain:  0

 

 

 

 

 

Keith Selman, City Planner, read the variation of service agreement.  Under the Fire and Protection and Emergency Medical Services:  First response Fire and Emergency Medical service will be provided to the area immediately upon the effective date of annexation from Fire Station No.  11 which is located approximately 1. 48 miles from the proposed site. 

 

Motion to close the public hearing on Tract # 3.

 

Moved:  Cm.  Bruni

Second:  Cm.  Amaya

For:     8                                          Against:  0                                            Abstain:  0

 

Motion to open the public hearing on Tract # 4.

 

Moved:  Cm.  Bruni

Second:  Cm.  Amaya

For:     8                                          Against:  0                                            Abstain:  0

 

Keith Selman, City Planner,  read the variation of service.  He stated that Under the Fire and Protection and Emergency Medical Services:  First response fire and Emergency Medical Service will be provided to the area immediately upon the effective date of annexation from Fire Station No.  9 which is located approximately 1.03 miles from the proposed site.  Fire services include protection, prevention and emergency medical response.

 

Motion to close the public hearing on Tract # 4.

 

Moved:  Cm.  Bruni

Second:  Cm.  Amaya

For:     8                                          Against:  0                                            Abstain:  0

 

Motion to open the public hearing on Tract # 5.

 

Moved:  Cm.  Galo

Second:  Cm.  Bruni

For:     8                                          Against:  0                                            Abstain:  0

 

Keith Selman, City Planner, read the variation of service.  He stated that Fire protection and Emergency Medical Services:  First response fire and Emergency Medical Service will be provided to the area immediately upon the effective date of annexation from Fire Station No.  11 which is located approximately .69 miles from the proposed site.  Fire services include protection, prevention and emergency medical response.

 

Motion to close the public hearing on Tract # 5.

 

Moved:  Cm.  Bruni

Second:  Cm.  Amaya

For:     8                                          Against:  0                                            Abstain:  0

 

Motion to open the public hearing on Tract # 6.

 

Moved:  Cm.  Bruni

Second:  Cm.  Galo

For:     8                                          Against:  0                                            Abstain:  0

 

Keith Selman, City Planner, read the following Annexation Service Plan for Tact 6.

 

Annexation proceedings were initiated by the City of Laredo for property designated as “Tract 6 (Tex-Mex Railway Tract)” and described by metes and bounds in Attachment “A” of this Ordinance and made a part hereof for all purposes.  This Service Plan was prepared in accordance with the requirements of Section 43.056 of the Texas Local Government Code and was available  for review by the public at hearings duly held on November 20,2000 and November 27, 2000.  Public notice of the hearings was provided on November 3 and November 10,2000.  Public notice of the hearings was provided on November 3 and November 10,2000, not more than twenty or less than ten days before the hearing as provided in Section 43.052 of the Texas Local Government Code.

 

Section 1.  Services to be provided within sixty days

 

1.  Police Protection:  Police protection shall be provided to the tract immediately

upon  annexation.  Police protection shall include traffic control enforcement, crime prevention activities, police patrol, crime investigation and emergency response.

 

2.  Fire protection and Emergency Medical Services:  First response fire and EMS

service will be provided to the area immediately upon the effective date of annexation from Fire Station No.  11 which is located approximately 1.44 miles from the proposed site.  Fire services include protection, prevention and emergency medical response.

 

3.  Solid Waste Collection:  The collection and disposal of solid waste will be

extended to the area within thirty days on the same basis as other residential, institutional customers.  Institutional, commercial and industrial generators of solid waste may use city services or contract with private haulers.  Disposal of all solid waste will be at the municipal sanitary landfill.  Fee charged customers within the tract will be the same as all similarly classified customers. 

 

4.  A.  Public Water Services:  Water service will be provided to the customers at

the same rates charged like customers within the city limits.  The City Charter and city ordinances require that all line extensions be made at the expense of the developer to conform with city standards.  Water for fire protection services will be provided to the tract on the same basis and subject to the same requirements as all new development within the city limits.

 

4.  B.  Public Wastewater Services:  Wastewater service will be provided to the

customer at the same rates charged like customers within the city limits.  The City Charter and city ordinances require that all line extensions be made at the expense of the developer to conform with city standards.  Wastewater services will be provided to the tract on the same basis and subject to the same requirements as all new development within the city limits. 

 

5.  Maintenance of roads and streets:  Public roads and streets will be maintained on   

the effective of the annexation in the same manner as all roads and streets within the city limits.  Road maintenance consists of repair of paving, maintenance of traffic lights, controls and signals, and will be provided immediately upon annexation.  City ordinances require that street lighting of all new development be provided by the developer. 

 

6.  Maintenance of parks, playgrounds and swimming pools:  No public parks,

playgrounds or swimming pools are presently located within the tract.  All recreational facilities required by the development shall be provided at the expense of the developer, its successors and assigns at such time as warranted by the development.

 

7.  Maintenance of other public facilities:  All facilities required by the development

shall be provided at the expense of the developer, its successors and assigns, or jointly in cooperation with the city at such time as warranted by the development.

 

The Service Plan does not contemplate the creation of another political subdivision.  The Service Plan does not propose fewer or a lower level of service than currently exists in the tract.

 

Section 2.  Capital Improvements:  The Service Plan does not require a landowner in the area to fund the capital improvements in a manner inconsistent with Chapter 395 of the Texas Local Government Code unless otherwise agreed to by the landowner.  Construction of capital improvements shall begin within two years after the effective date of annexation and shall be substantially completed within 4 ½ after that date as provided in Subchapter C, Section 43.056 of the Texas Local Government Code.  The municipality shall provide municipal services by any of the methods by which it extends the services to any other are of the municipality. 

 

The Service Plan is valid for a period of ten years, and all services within the area shall be provided in accordance with the Plan.  Should an ordinance pertaining to reserve areas or impact fees be adopted by the City Council, the ordinance shall supersede any provisions established herein.

 

Pete Saenz, Jr., attorney for Tex Mex Railroad, appeared before the Council with Ron Whitehawk and Arturo Dominguez and spoke against the annexation stating the following objections: 

 

The Zoning Commission reviewed the annexation of the Tex-Mex property and their official recommendation to the Council was not to annex the property.  Ron Whitehawk stated that the property is located approximately one mile north of Hwy 359 and there is no direct access.  In terms of the development pattern, the property is isolated and no land has been set aside for warehousing development.  The property does enjoin the City of Laredo Landfill and it also joins a colonia, but the urban pattern for that area is not anticipated.  He explained that the city staff has analyzed and presented to Council an economic feasibility study indicating that the revenues would be minimal.  Finally, he commented that the economic impact is disproportionate.  The main reason that Tex-Mex finds itself in opposition to the annexation is because they have an unpaved trailer parking area, which they use for their own purposes.  That area is approximately 65 acres in size and would cost Tex-Mex approximately $6.5 million to conform to the City of Laredo standards if annexed.  They find this to be an awesome burden.  He stated that the annexation would not benefit the City and would be of a great economic detriment to Tex-Mex Railroad.  He asked council to concur with the Planning Commission recommendations to set aside the annexation.    

 

Keith Selman, City Planner, stated that the property is currently unregulated.  He did explain to the commission that feasibility reports were compiled by a conservative approach and values are extrapolated with the current use of the property and may change with the amount of improvements on the tract.

 

Motion to close and move forward with next set of hearings.

 

Moved:  Cm.  Bruni

Second:  Cm.  Galo

For:     8                                          Against:  0                                            Abstain:  0

 

Motion to open the public hearing on Tract # 7.

 

Moved:  Cm.  Galo

Second:  Cm.  Bruni

For:     8                                          Against:  0                                            Abstain:  0

 

Keith Selman read the variation of service.  He stated that the Fire Protection and Emergency Medical Services: First response fire and Emergency Medical Service will be provided to the area immediately upon the effective date of annexation from Fire Station No.  9, which is located approximately 3.6 miles from the proposed site.

 

Motion to close the public hearing on Tract # 7.

 

Moved:  Cm.  Bruni

Second:  Cm.  Amaya

For:     8                                          Against:  0                                            Abstain:  0

 

Motion to open the public hearing on Tract # 8.

 

Moved:  Cm.  Amaya

Second:  Cm.  Agredano

For:     8                                          Against:  0                                            Abstain:  0

 

Keith Selman, City Planner, stated that Fire and Protection and Emergency Medical Services:  First response fire and Emergency Medical Service will be provided to the area immediately upon the effective date of annexation from Fire Station No.  2 which is located approximately .76 miles from the proposed site.

 

Motion to close the public hearing on Tract # 8.

 

Moved:  Cm.  Amaya

Second:  Cm.  Agredano

For:     8                                          Against:  0                                            Abstain:  0

 

5.  Public hearing amending the City of Laredo FY 2000/2001 Public Works budget to

recognize additional revenues from a grant received from the South Texas Development Council (STDC) in the amount of $40,348.00 for the purpose of constructing the Citizen's Convenience Center of the City of Laredo Public Works Department and authorizing the City Manager to implement said budget amendment; providing for an effective date.