CITY OF LAREDO

CITY COUNCIL MEETING

M2005-R-18

CITY COUNCIL CHAMBERS

1110 HOUSTON STREET

LAREDO, TEXAS 78040

September 19, 2005

5:30 P.M.

 

I.          CALL TO ORDER

 

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

 

II.        PLEDGE OF ALLEGIANCE

 

            Mayor Flores led in the Pledge of Allegiance.

 

III.       ROLL CALL

 

            In attendance:

 

            Elizabeth G.  Flores,                                                                 Mayor

            Alfredo Agredano,                                                                    Council Member, District I

            Hector Garcia,                                                                          Council Member, District II

            John C.  Galo,                                                                          Council Member, District III

            Johnny Amaya,                                                                         Council Member, District IV

            Johnny Rendon                                                                         Council Member, District V

            Gene Belmares,                                                                        Council Member, District VI

            Jose A.  Valdez, Jr.,                                                                 Mayor Pro Tem, District VII

            Juan Ramirez,                                                                           Council Member, District VIII

            Gustavo Guevara, Jr.,                                                               City Secretary

            Larry Dovalina,                                                                         City Manager

            Cynthia Collazo,                                                                       Deputy City Manager

            Horacio De Leon,                                                                     Assistant City Manager

            Jaime Flores,                                                                            City Attorney

           

IV.       MINUTES

 

            Approval of the minutes of August 8, 9, & 10, 2005.

 

            Motion to approve the minutes.

 

            Moved:  Cm.  Agredano

            Second:  Cm.  Amaya

            For:     8                                               Against:  0                                            Abstain:  0



 

 

 

V.        COMMUNICATIONS AND RECOGNITIONS

 

            Announcements

 

            None.

 

            Invitations

 

            None.

 

            Recognitions

 

a.  Congratulating Dr. Hector F. Gonzalez, Health Department Director, who has been

named by the Mexican Consul as a recipient of the OTHLI Award during the Fiestas Patrias.

 

This item was postponed.

 

b.  Recognition of Homero Cisneros, Juan M. Gonzalez, Jesus Marchan and Delfino Palos,

of the Parks and Recreation Department, on their selection as August 2005 Employees of the Month.

 

Miguel Pescador, Interim Director for the Parks & Recreation Department, said the Parks and Recreation Department would like to acknowledge Homero Cisneros, Juan M.  Gonzalez, Jesus Marchan, and Delfino Palos as employees of the month.  He added that the employees are part of the cement finisher’s crew in the construction division and they have great coordination that has allowed them to complete their tasks quickly.   He went on to say that they have dedicated years of efficiency, punctuality, and hard work which exemplify their nomination.   

 

            Communiqués

 

a.  Mayor Elizabeth G. Flores reports on the City of Laredo Budget Department.

 

     Report on the Budget Department by Mayor Elizabeth G. Flores

 

Mission statement:  To develop and administer the budget process as a sound basis for planning, financial analysis, and decision making. 

Responsibilities:

 

·          Plan, organize, develop, prepare, coordinate and administer the City of Laredo annual operating budget, which consists of more than 58 funds for 27 departments.

 

 

 

 

 

 

 

 

 

 

 

 

 

     All Funds:

 

Fiscal Year

Revenues

Expenditures

Fund Balance

00-01

   272,593,175

297,095,205

46,963,183

01-02

   299,934,366

334,086,856

50,189,297

02-03

   296,478,300

308,549,913

61,474,363

03-04

   301,661,237

309,031,373

77,452,607

04-05

   323,682,352

345,427,523

79,826,870

05-06

   353,464,873

385,697,442

82,068,034

From 2001 to 2006

29.7%

29.8%

74.7%

 

·          Coordinate and administer the city’s performance measurement program for all 27 departments.

 

·          Has participated in the ICMA Performance Measurement Program for 5 years.

 

·          Prepare over 450 financial and performance analysis of departmental programs on an annual basis including distribution of monthly revenue and expenditure reports.

 

·          Prepare council communication documents which amend or adjust the operating budget.

 

·          Review and analyze over 1,100 budget amendments annually for compliance with City Policy.

 

·          Check and ensure policies and procedures regarding budget administration; maintain adherence to the approved budget and recommend expenditure amendments; ensure the accuracy and completeness of the same.

 

·          Coordinated Citizens Survey of 500 Laredo residents in 2004.

 

·          Provide daily support and financial information for over 3,000 budgetary inquiries annually from City departments and other agencies.

 

·          The Budget document has been submitted on CD since 2003 and has been uploaded to the City of Laredo’s internet webpage.  This has generated an estimated 75% savings in printing expense and has provided citizens with easy access.

 

·          Budget Workshop presentations are uploaded to the City of Laredo’s internet webpage, generating savings to all departments.

 

·          Have conducted over 70 hours of training to more than 200 employees on the budgeting and accounting HTE application software in the last two years.

 

·          The Budget Department submits the City of Laredo annual budget to the Government Finance Officers Association (GFOA) for consideration of the “Distinguished Budget Presentation Award”.  The department has garnered the award for 14 consecutive years.

 

The award represents a significant achievement by the entity.  It reflects the commitment of the governing body and staff to meeting the highest principles of governmental budgeting.  In order to receive the budget award, the entity had to satisfy nationally recognized guidelines for effective budget presentation.  These guidelines are designed to assess how well an entity’s budget serves as:

v       a policy document

v       a financial plan

v       an operations guide

v       a communications device

 

     Budget documents must be rated “proficient” in all four categories to receive the award.

 

b.  Presentation by Blasita Lopez, Public Information Officer, regarding the new

     Community Photo Gallery Program.

 

Blasita Lopez, Public Information Officer, commented that the new Community Photo Gallery Program is produced in-house using submissions from individuals in the community as well as collaborative entities.  She said that each month has a different theme and the submissions are due on the first Wednesday of every month.   She encouraged the viewing pubic to participate in order to make the program a success.  She then played a small sample of the Community Photo Gallery for the Council and public to view. 

 

The Mayor read the following letter: 

 

“Many citizens of Louisiana want to thank you and the good people of Laredo for promptly sending the desperately needed infant supplies and water to our hurting and dieing citizens.

 

 We are grateful to all of Laredo for this help, especially you, as it’s leader; the chief of Police ,Agustin Dovalina; and the Traffic Sergeant from the Laredo Police Department, Michael Raines.  The five motorcycle patrolman namely: Allen Gerald, Guadalupe Pena, Jr., Luis E.  Raines, Mario A.  Villarreal, and Tomas Rodriguez who volunteered their personal time of Saturday, Sunday, and Monday, which was a holiday, to make arrangements for the needed items to be donated, secured a rental truck to transport the goods and drive to Bogalusa and Slidell. (towns with the most critical needs to deliver the goods.) These men exhibited the highest degree of professionalism in their actions as well as in their appearance.  They did not wait for roads to be clear – they got out of their vehicles and moved trees, power lines, and other obstructions.  The City of Laredo is indeed fortunate to have men like them serving in law enforcement.  They provided for us a shining example of the goodness of men.  We pray that your city, nor it’s citizens, will ever have the need for outside assistance but rest assured your five motorcycle patrolman have already received many commitments for whatever we can do. 

 

With Kindness regards, yours very truly

Claude “Buddy” Leach

Former member of Congress for Louisiana.”

 

Cm.  Ramirez wished former Mayor Aldo Tatangelo a Happy ‘92nd; Birthday.  He also congratulated Ms.  Flora Gutierrez for the work she has done for the community.

 

Mayor Pro Tempore Valdez congratulated the volunteers that worked and supported the plate sale for the Alexander Bulldog Band.   

 

Cm.  Belmares congratulated his wife’s cousin, Ms. Andrews for winning an Emmy Award for sound editing.  He also congratulated the Boy’s Club for their upcoming flag football season at the Parks & Recreation Department.  He encouraged the viewing public to be extremely careful when they are driving around the activity fields during football season.

 

Cm.  Rendon said that he had attended a very emotional prayer service in front of City Hall for the hurricane victims.  He mentioned that the ceremony was touching because many different religions united in prayer for the victims and their families. 

 

Cm.  Amaya thanked the Laredo Police Department for doing a great job controlling cruisers on Sunday nights in District IV.  

 

Cm.  Galo expressed his condolences and prayers to the families of Samuel Myers and Thomas Leyendecker.  He was pleased with the Laredo Fire Department for training and certifying 23 Canadian firefighters at the City’s training facility. Finally, he announced that he would no longer be serving as a Board Member for the Webb County Appraisal District Board of Directors.

 

Cm.  Garcia thanked the Parks and Recreation Department for assisting in the baseball tryouts that was held at the Freddie Benavides Park.  He also congratulated Eddie Zavala and the 250th Committee for the festival that was held at the La Posada.  He wished the best of luck to the football teams from Laredo.    

 

Cm.  Agredano thanked everyone that expressed their concern about his wife who had been in the hospital.  He noted that she is at home and that she is doing better.   

 

VI.       APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES

           

a.  Approval of City Manager Larry Dovalina's recommendations to the Keep Laredo

     Beautiful Board as follows: 

 

1.  Javier de Anda

2.  Guillermo Benavides

3.  Marina Ramirez

4.  David Trevino

 

            Motion to approve.

 

            Moved:  Cm.  Agredano

            Second:  Cm.  Valdez

            For:     8                                               Against:  0                                            Abstain:  0

 

 

 

 

 

 

VII.     PUBLIC HEARINGS

 

1.  Public hearing and introductory ordinance amending the Zoning Ordinance Map of the

City of Laredo by authorizing a Conditional Use Permit for a mechanic, auto painting and body shop on Lot 5 and North 2/3 Lot 3, Block 927, Western Division, located at 3606 and 3616 Santa Maria Avenue; providing for publication and effective date.  The Planning and Zoning Commission recommended approval of the proposed Conditional Use Permit.

 

Motion to open the public hearing.

 

Moved:  Cm.  Galo

Second:  Cm.  Valdez

For:      8                                         Against:  0                                            Abstain:  0  

 

Christina Laurel Hale, attorney for applicant, advised that the applicant has complied with all of the conditions that were recommended by the Commission and she was present for any questions by the Council 

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Valdez

Second:  Cm.  Belmares

For:      8                                         Against:  0                                            Abstain:  0

 

Ordinance Introduction:  Cm.  Valdez

 

2.  Public hearing and introductory ordinance amending the Zoning Ordinance Map of the

City of Laredo by authorizing a Conditional Use Permit for a nationalization of vehicles enterprise on Lots 8-12, Block 808, Western Division, located at 3019 San Bernardo Avenue; providing for publication and effective date.  The Planning and Zoning Commission recommended approval of the proposed Conditional Use Permit.   

 

Motion to open the public hearing.

 

Moved:  Cm.  Galo

Second:  Cm.  Belmares

For:      8                                         Against:  0                                            Abstain:  0  

 

Maria Pena, representing the Flores partnership, said that she has not completed the site plan for the additional parking that was needed for the conditional use permit. 

 

Motion to close the public hearing and postpone for next meeting.

 

Moved:  Cm.  Ramirez

Second:  Cm.  Valdez

For:      8                                         Against:  0                                            Abstain:  0

 

3.  Public hearing and introductory ordinance amending the Zoning Ordinance Map of the

City of Laredo by rezoning Lot 15, Block 42, Las Americas Subdivision Unit 3, located at 2100 Ejido Avenue from R-1A (Single-Family Residential Reduced Area District) to R-2 (Multi-Family Residential District); providing for publication and effective date.  The Planning and Zoning Commission recommended approval of the proposed rezoning. 

 

Motion to open the public hearing.

 

Moved:  Cm.  Garcia

Second:  Cm.  Valdez

For:      8                                         Against:  0                                            Abstain:  0  

 

Miguel Gomez, representing the owner, noted that he was present to answer any questions that Council might have. 

 

Motion to close the public hearing and deny the zone change request.

 

Moved:  Cm.  Agredano

Second:  Cm.  Ramirez

For:      6                                         Against:  2                                            Abstain:  0

                                                       Cm.  Rendon

                                                       Cm.  Belmares

 

4.  Public hearing and introductory ordinance amending the Zoning Ordinance Map of the

City of Laredo by rezoning 3.16 acres, as further described by metes and bounds in attached Exhibit “A”, located at the northwest corner of Logistic Drive and Mines Road, from B-1 (Limited Commercial District) to B-3 (Community Business District); providing for publication and effective date.  The Planning and Zoning Commission recommended approval of the proposed rezoning. 

 

Motion to open the public hearing.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:      8                                         Against:  0                                            Abstain:  0  

 

George Clowell spoke in favor of amending the ordinance.

 

Ramon Barrios, representing Raul Zapata, spoke in favor of the proposed zoning change.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Valdez

Second:  Cm.  Belmares

For:      8                                         Against:  0                                            Abstain:  0

 

Ordinance Introduction:  Cm.  Valdez

 

 

 

5.  Public hearing and introductory ordinance amending the Zoning Ordinance Map of the

City of Laredo by rezoning 3.72 acres, as further described by metes and bounds in attached Exhibit “A”, located at 100 W. Village Boulevard, from B-3 (Community Business District) to B-4 (Highway Commercial District); providing for publication and effective date.  The Planning and Zoning Commission recommended approval of the proposed rezoning. 

 

Motion to open the public hearing.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                                          Against:  0                                            Abstain:  0  

 

Ron Whitehawk, representing the property owner, asked Council to concur with the staff and the Planning & Zoning Commission recommending approval noting that it meets the criteria for a B-4.    

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Rendon

Second:  Cm.  Belmares

For:      8                                         Against:  0                                            Abstain:  0

 

Ordinance Introduction:  Cm.  Rendon

 

6.  Public hearing and introductory ordinance amending the Zoning Ordinance Map of the

City of Laredo by authorizing a Conditional Use Permit for an outdoor amusement service on Lot 1A, Block 1, McPherson Acres Development Subdivision Unit 1, located at 5702 McPherson Road; providing for publication and effective date.  The Planning and Zoning Commission recommended approval of the proposed Conditional Use Permit.

 

Motion to open the public hearing.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:      8                                         Against:  0                                            Abstain:  0  

 

Miguel Gomez, applicant, spoke in favor of the zone change.  He advised that the conditional use permit will be used for an outdoor entertainment center that does not allow alcohol.   

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Rendon

Second:  Cm.  Belmares

For:      8                                         Against:  0                                            Abstain:  0

 

Ordinance Introduction:  Cm.  Rendon

 

 

 

7.  Public hearing and introductory ordinance amending the Zoning Ordinance Map of the

City of Laredo by authorizing a Conditional Use Permit for outdoor storage of building materials on Lots 1 & 8 and west 1/3 of Lots 2 & 7, Block 9, Eastern Division, located at 601 Market Street; providing for publication and effective date.  The Planning and Zoning Commission recommended approval of the proposed Conditional Use Permit.

 

Motion to open the public hearing.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:      8                                         Against:  0                                            Abstain:  0  

 

Ron Whitehawk, representing Octavio and Servando Benavides, said that the current amendment is a split zone which is used for storage of building materials.  The above amendment will serve to beautify the site in terms of the City’s requirement for planting of trees and shrubs and allow the current use.  He asked Council to concur.  

 

Motion to close the public hearing and introduce.

 

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:      8                                         Against:  0                                            Abstain:  0

 

Ordinance Introduction:  Cm.  Galo

 

8.  Public hearing and introductory ordinance amending the Zoning Ordinance Map of the

City of Laredo by authorizing a Special Use Permit for the addition of an antenna to an existing communication tower on Lot 1, Block 1, U.S. Cellular Subdivision, located at 27005 F.M. 1472 (Mines Rd.); providing for publication and effective date.  The Planning and Zoning Commission recommended approval of the proposed Special Use Permit.

 

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.  Valdez

Second:  Cm.  Belmares

For:      8                                         Against:  0                                            Abstain:  0

 

Ordinance Introduction:  Cm.  Valdez

 

      

9.  Public hearing and introductory ordinance amending the Zoning Ordinance Map of the

City of Laredo by authorizing a Special Use Permit for oil and/or gas extraction on 1.65 acres, as further described by metes and bounds in attached Exhibit “A”, located along Wormser Road; providing for publication and effective date.  The Planning and Zoning Commission recommended approval of the proposed Special Use Permit.

 

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.  Agredano

Second:  Cm.  Valdez

For:      8                                         Against:  0                                            Abstain:  0

 

Ordinance Introduction:  Cm.  Agredano

                                           

10.  Public hearing and introductory ordinance amending the Zoning Ordinance Map of the

City of Laredo by authorizing a Conditional Use Permit for a nationalization of vehicles enterprise on Lots 4 and 5, Block 176, Western Division, located at 1019 San Bernardo Avenue; providing for publication and effective date.  The Planning and Zoning Commission recommended denial of the proposed Conditional Use Permit. 

 

Motion to postpone.

 

Moved:  Cm.  Valdez

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

11.  Public hearing and introductory ordinance amending the Zoning Ordinance Map of the

City of Laredo by rezoning 5.6 acres, as further described by metes and bounds in attached Exhibit “A”, located at 4307 Loop 20, from R-1 (Single Family Residential District) to B-4 (Highway Commercial District); providing for publication and effective date.  The Planning & Zoning Commission recommended denial of the proposed zone change. 

 

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 override the Planning and Zoning Department  and introduce.

 

Moved:  Cm.  Agredano

Second:  Cm.  Belmares

For:     8                                        Against:  0                                            Abstain:  0

 

Ordinance Introduction:  Cm.  Agredano

 

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

multi year lease with the sole bidder El Portal Bridge Retail, L.P., a joint venture between El Portal Center, LLC owned by Horizon Group Properties, Inc., and Morgan Stern Realty Holdings and Laredo Duty Free Partners, LLC, an affiliate of Duty Free Americas that operates UETA Duty Free Stores. The leased property consists of approximately 32,542 square feet of unfinished retail space located at the corner of Convent and Water Street Lease will consist of:

 

1. Twenty (20) year term;

2.  Annual rent:  Yrs. 1-4…..$488,130.00/yr. payable in equal monthly installments of

     $40,678.00

     Yrs. 5-8….$502,775.00/yr. payable in equal monthly installments of $41,898.00

                        Yrs. 9-12…$517,858.00/yr. payable in equal monthly installments of $43,155.00

                        Yrs. 13-16...$533,393.00/yr. payable in equal monthly installments of $44,449.00

                        Yrs. 17-20…$549,395.00/yr. payable in equal monthly installments of $45,783.00

       3.  Percentage rent: In addition to the minimum annual rent, Tenant shall pay as

percentage rent three percent (3%) of each dollar of Gross Retail Sales exceeding

the following breakpoints (each a (“Breakpoint”):

Yrs. 1-4……..$400 per square foot of retail space

Yrs. 5-8……..$412 per square foot of retail space

Yrs. 9-12……$424 per square foot of retail space

Yrs. 13-16…..$437 per square foot of retail space

Yrs. 17-20…..$450 per square foot of retail space

       4. Tenant pays all taxes and utilities;

       5. Tenant pays for all “common area” expenses.

 

Motion to open the public hearing.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

The Mayor read the following letter: 

 

Mayor Betty Flores and Mayor Pro Tempore Jose Valdez, as well as other honorable Council Members:

 

We are sorry that we cannot be there in person tonight but both Bruce Cole and Gary Skoin are in China and I have business that requires me to stay in California.  We understand that the Master Lease Ratification is before the City Council tonight.  We have been impressed by the Council’s vision regarding an approach to the redevelopment of the downtown Laredo.  We are deeply committed to that process and have worked hard with the City Manager, the Bridge Commissioner, and the city staff in order to finalize this mutually beneficial master lease.  We are confident that the City will continue to do the right thing by confirming the master lease.  We anticipate continued investment in the City of Laredo and we look forward to working with the City on the exciting redevelopment of the Laredo Outlet Stores and the El Portal Riverfront Projects.  Thank you Alan Davido ”

 

Ed Beckelhymer, Chief Financial Officer for H K Global, appeared to speak against the lease with Horizon Group Properties, Inc.  He stated that he had some questions regarding the fairness to the sole bidder.  He acknowledged that the city has spent a lot of time with Horizon Group Properties, Inc., but the current request for proposal notes that it was at their own risk as contemplated by the City.  He goes on to mention that the City has the right to reject any and all proposals and any expenses incurred by the proposer in preparing the response or in seeking the award shall be borne solely by the proposer.  He encouraged Council to consider resubmitting the request for proposal on the above lease noting that it would serve to benefit the City of Laredo.   

 

Shahram Khaledi, owner of H K Global, said that he was addressing Council as a taxpayer and a downtown business owner.  He voiced that the City should not consider the sole bidder because he believes that the market value on the property is higher than what the sole bidder is proposing.  He added that the City should take advantage of the their position and try to make more money for the city.  He stated that there are other people interested and the City and the people of the City deserve to get the best value. 

 

Mayor Flores advised that the city of Laredo had followed their process of publishing the Request for the Proposal in the local newspaper. 

 

Shaharam Khaledi replied that not everyone reads the local newspapers.  He added that he and his brother are investors, they do have a construction company, they are involved in developing and they are very interested in this project.  He stressed the importance of saving money by avoiding the developer fee which would save money for the tax payers. 

 

Mayor Flores asked him if he felt as though he was being penalized because he does not read the Laredo Times. 

 

Shaharam Khaledi said that he was not searching for the request for proposal in the Laredo Morning Times because the City Manager had told him that he would personally advise him when the proposal was due.

 

Mayor Flores advised that the City of Laredo must follow a public notice process of notification and they cannot call interested parties.  All vendors must be treated equal. 

 

Shaharam Khaledi advised that he understands policies, rules, and procedures but he had contacted the City Manager and he assured them that he would contact them with the request for proposal date.  He said that if the City Manager had explained the procedure for the notification then he would have been searching for the proposal date in the newspaper. 

 

Mayor Flores noted that the City Manager denies the allegations made by the owners of H K Global. 

 

Shaharam Khaledi replied that he is only encouraging Council to consider seeking additional funds for the City by going out for a new request for proposal.  He asked that each interested person be given a chance. 

 

Mayor Flores advised that the City has a process which must be followed.

 

Shaharam Kheledi said that the council has the power to reject the current request for proposal if it would benefit the city. 

 

Luis Escareno, representing the owners of UETA, advised that the owners of UETA acquired the UETA Duty Free four years ago through the request for proposal process that the City follows.  He continued by noting that the owners believe in Laredo and they have employed over 100 people at the warehouse and over fifty associates at the stores.  He mentioned that the owners of UETA are baffled by the recent issues that have been raised about the request for proposal process.  He added that the owners of UETA kept tract of different opportunities that were available and they put good faith in their bid by talking to city staff and negotiating in depth with City employees.  He noted that the Council Members have a duty to assure that the City is receiving the best offers; however, they also have the responsibility to maintain integrity of the request for proposals.  He continued to say that if they “undo” the proposal at this state, that they would be questioning the integrity of the process which would in turn open a “pandora’s box” by signaling to other businesses that Laredo cannot be trusted. 

 

Cm.  Galo asked Mr.  Escareno if they were involved in the original bid. 

 

Luis Escareno advised that they were involved in the original bid.  Laredo Duty Free was formed as a partnership with UETA.

 

Cm.  Galo mentioned that he feels the notification process was followed but the process was violated soon after.  He continued by saying that the City of Laredo staff has placed Council in a terrible position regarding the lease.  He agreed that the notice for the proposal was done properly; however, he was extremely disappointed that staff had not consulted with Council for nine months regarding details that were pertinent for Council to be able to make the proper decisions.   He advised that Council is ultimately responsible for accepting or rejecting bids.  He added that staff has placed Council in a quandary at this stage or decision making.  He said that the appraisers were told by staff that they needed a master lease and that is not what the request for proposal stated.  He added that staff is requesting a master lease because they do not want additional responsibility and or work.  He continued by saying that staff was reluctant to provide him a copy of the UETA lease when it was asked for.  Once he was able to review the UETA lease, it confirmed his suspicions that staff did not provide good comparables for the lease.  He said that staff did not have any idea of what they were looking for or what kind of rent to be expecting.  He stated that staff instructed Council to be looking for comparables using the UETA lease and that was $1.06 plus 3% of the gross from the first dollar up to the first three million.  He went on to say that he had talked to one of the individuals that helped negotiate the contract with UETA and they said that based on their sales  the owners are expected to make $19 million dollars out of the store which would calculate to $8 a square foot.  So again, he noted that he had a hard time accepting $1.25 a square foot.  He continued by saying that staff has the Council knee deep in muck.  He went on to discuss several items in the lease agreement with Horizon that he did not like ex:  providing HVAC units; the lessee’s ability to make alterations to the structure; the tenant cannot sublease without consent; late fees; condemnation clause.  His largest complaint was directed straight at City staff and their lack of communication to Council.  He also said that there are a lot of questions on the general default that needs to be addressed by the Legal Department.  He credited the City Manager on issuing a memorandum on how the City will approach future request for proposals but said that it is not going to help City Council out of the mess that they are in right now.  He read the memo from the City Manager.  He complimented the City Manager on the memo and asked him to add that staff should report findings to the Contract Review Committee. 

 

Larry Dovalina, City Manager, said that Council should get to a point where discussions can take place where Council Members do not challenge the integrity of staff in order to allow for a disagreement to occur.  Staff works very hard in obtaining information to create proposals and they follow legal process.  He said that he does not feel that the situation is a mess or a “muck” because City staff has followed the standing procedure. He agreed that the process could have been better and he initiated a memo that was distributed to staff to fine tune the process to a greater extent.  The memo should assure Council that there is not a disagreement as to whether staff communicated adequately or not.  He advised that staff had discussed the project with Council at different times and they were given presentations by the same developers of the mall where issues were discussed.  He hoped that Council understand that staff has the best interests of the City at hand. 

 

Cm.  Galo advised the City Manager that when he challenges staff that he does it because he knows that they can do a better job.  He continued by saying that he has a problem when staff members withhold information on purpose. 

 

Cm  Valdez said that he feels the process was followed but he feels that the City can receive a better rate for prime real estate.  He notified Council that he has been in communication with City staff regarding the lease.  He noted that he is not in the habit of “rubber stamping” at any time.    

 

Rafael Garcia, Assistant City Manager, advised that staff had obtained two appraisals as directed by Council.   One appraisal was $1.25 per square foot and the other appraisal was $1.04 to $1.14 per square foot. 

 

Robert Barnstone, attorney/consultant, noted that there was a mistake in the listing for the request for proposal.  He said that it stated that it was a solicitation for a bid and it was not a bid.  He also told Council that the highest bidder may not be the most suitable bidder. 

 

Cm.  Garcia expressed his concerns in reopening the proposal.  He said that it would send a negative message to different developers and business people. 

 

John Snyder, local appraiser, explained his appraisal.  He said that the building was unique because the builder had to consider the shape of the land noting that it is not what you would typically see down town.  He also noted that the building is not customer service friendly because of the lack of parking. 

 

Fito Santos, local appraiser, advised that his appraisal was well founded because of the location and the lack of parking space for the customers.   

 

Motion to reject the current proposal and ask for another request for proposal with the same conditions.

 

Moved:  Cm.  Ramirez

Second:  Cm.  Agredano

For:     2                                        Against:  6                                            Abstain:  0

Cm. Ramirez

 

Motion to renegotiate the current contract.  Staff shall initiate a workshop for Council within the next two weeks  to discuss issues and concerns noting that negotiations should not exceed sixty days.

 

Moved:  Cm.  Galo

Second:  Cm.  Valdez

For:     7                                        Against:  1                                            Abstain:  0

                                                     Cm.  Ramirez

 

13.  Public hearing and introductory ordinance amending the City of Laredo Fiscal Year

2004 – 2005 Airport Construction Budget to recognize additional revenues from a grant received from the Federal Aviation Administration Airport Improvement Program being Grant Project No. 3-48-0136-46-05 in the amount of $1,000,000.00 to acquire Runway Protection Zone (RPZ) Land abutting the Laredo International Airport and appropriating said grant revenues to the appropriate expenditure accounts and authorizing the City Manager to implement said Budget amendment.

 

Motion to open the public hearing.

 

Moved:  Cm.  Belmares

Second:  Cm.  Valdez

For:     8                                        Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Valdez

Second:  Cm.  Belmares

For:     8                                        Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

14.  Public hearing and introductory ordinance amending the lease agreement with the

Airport’s Fixed Base Operators and Self Fuelers by increasing the Fuel Flow Fee Rate from $0.055 to $0.060 per gallon of aviation fuel received by the Airport’s Fixed Base Operators and Self Fuelers at the Laredo International Airport; providing for publication and effective date.

 

Motion to open the public hearing.

 

Moved:  Cm.  Garcia

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Belmares

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

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

Ordinance No. 2002-O-195 dated August 19, 2002, Establishing and Adopting Commercial Aircraft Landing Fees and Landing Fee Rate for the Laredo International Airport, as follows: Increase the Signatory Landing Fee rate from $0.60 to $0.75, and add a Non-Signatory Non-Tenant airline category at a rate of $1.20 per thousand (1,000) pounds gross landed weight; providing for an effective date.

 

Motion to open the public hearing.

 

Moved:  Cm.  Belmares

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Belmares

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

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

an Interlocal Agreement with Webb County for the construction of a Splash Park at Father McNaboe Park and improvements at Lafayette and Farias Splash Parks, attached as Exhibit A and amending the Fiscal Year 2004 – 2005 Parks Capital Grants Fund to appropriate revenues and expenditures, provided by Webb County, in the amount of $275,000.00 for the Splash Park construction at Father McNaboe Park.

 

Motion to open the public hearing.