CITY OF LAREDO

CITY COUNCIL MEETING

M2007-R-24

CITY COUNCIL CHAMBERS

1110 HOUSTON STREET

LAREDO, TEXAS 78040

DECEMBER 17, 2007

5:30 P.M.

 

I.          CALL TO ORDER

 

            With a quorum present, Mayor Raul G. Salinas called the meeting to order.

 

II.        PLEDGE OF ALLEGIANCE

 

            Mayor Raul G. Salinas led in the Pledge of Allegiance.

 

III.       ROLL CALL

 

            In attendance:

 

            Raul G.  Salinas,                                                                     Mayor

            Mike Garza,                                                                            Council Member, District I

            Hector Garcia,                                                                         Council Member, District II

            Michael Landeck,                                                                   Council Member, District III

            Johnny Amaya,                                                                       Council Member, District IV

            Johnny Rendon,                                                                      Council Member, District V

            Gene Belmares,                                                                       Mayor Pro Tem, District VI

            Juan Chavez,                                                                           Council Member, District VII

            Juan Ramirez,                                                                          Council Member, District VIII

            Gustavo Guevara, Jr.,                                                             City Secretary

            Carlos Villarreal,                                                                     City Manager

            Cynthia Collazo,                                                                     Deputy City Manager

            Horacio De Leon,                                                                   Assistant City Manager

            Jesus Olivares,                                                                        Assistant City Manager

            Raul Casso,                                                                             City Attorney

 

IV.       MINUTES

 

            Approval of the minutes of August 20, 2007.

 

            Motion to approve.

 

            Moved:  Cm. Rendon

            Second:  Cm. Amaya

            For:     8                                               Against:  0                                           Abstain:  0

 

V.        COMMUNICATIONS AND RECOGNITIONS

 

            Recognitions

 

            Communiqués

 

            a.  Recognizing Mr. Mario Medina, District Engineer for the Texas Department of               

                 Transportation (TXDoT), for TXDoT’s commitment and dedication in accelerating the

                 construction of Loop 20 and Highway 59 and status of current TXDoT funding.

              

                 Mayor Salinas welcomed Mr. Medina and thanked him for his commitment to the City of

                 Laredo.

 

                 Mr. Medina handed the Mayor and Council a list of the projects presently being worked                  on.  He added that the bad news is that they are low on state funds.

               

            Citizen comments

 

            Roger Creery, Laredo Development Foundation Director, announced that Laredo came in

            fifth on the top 10 places to invest list for 2007.  He added that the factors considered were:

            population growth, job growth, home values, owner cost, vacancy rates and unemployment

            rates. 

 

            Cordelia Flores, as a board member of the Rio Grande International Studies Center, spoke

            against the building of the River Road and asked City Council to deny the lease of the right-

            of-way.

 

            Margarito Gonzalez spoke on the problems that Santa Rita and Santa Fe Subdivision have

           due to the odor of the South Laredo Sewer Plant.

           

            Jorge Tovar, from the Fire Department Union, stated that they have always agreed with 

            random drug testing and sees no problem implementing it.  He added that they just have to

           wait for the due process because of the collective bargaining contract.

 

            Ray Ayala spoke on having more police presence at the Azteca neighborhood.

           

            Ricardo Lopez spoke on the death of his son due to cancer and asked to build a clinic for the

            treatment of cancer.   

 

VI.       APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES

 

            None.

 

VII.     GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS

 

            A.  Request by Mayor Raul G. Salinas

 

            1.  City Council approval to donate salvaged ambulance #9101 to the State of Guanajuato to

                 be turned over to the municipality of Santiago de la Union.

 

                  Motion to table.

   

                  Moved:  Cm. Garza

                  Second:  Cm. Amaya

                  For:  8                                            Against:  0                                           Abstain:  0 

 

             B. Request by Council Member Dr. Michael Landeck

 

            1.  Presentation by a concerned citizen group and council discussion with possible action on

                 all issues permits and approvals given to the GEO group Inc., or their representatives

                 regarding the possible building of a private prison in south Laredo.

 

                 Bob Libal passed a package of information to the Council who is from Grassroots

                 Leadership from Austin, Texas.  He mentioned that he is against for-profit incarceration. 

                 He stated that he is amazed at the consistency of the abuse and mismanagement in the     

                GEO Group prison and youth detention centers. 

 

                 Rick Solis asked to reject the permits.

 

                 Maria Eugenia Guerra stated that due to GEO’s deplorable record, the Council should

                 do the right thing about it.

 

                 Ron Rodriguez, local attorney, stated that he is concerned about bringing the GEO Group

                 into our community.  He stated that the Council needs to take action to authorize the City

                 Attorney to file a suit to declare the Special Use Permit void.

 

                 Carlos Zaffirini, representing the GEO Group, stated that it is a federal facility and not a

                 state, city or county facility.   He pointed out that the project was initiated because of the                  extreme need by the U.S. Marshall Service in response to the urging of two Federal

                 Judges, to construct a facility within 50 miles of the new Federal Court House.

 

                 RG Converse, specialist on Real Estate Law and Land Use Regulation, stated that since

                 the issuance of the Conditional Use Permit for this Federal project, the GEO Group has     

                 continuously pursued the development of this project and is in line with the interpretation

                 of the Ordinance.  He emphasized that there are no violations of any permit conditions

                 that exist or have occurred.  He added that there is no six month time period that has

                 begun.  Finally, he stated that there is no court decision rendering that there are any

                 violations, and asked that Council pass this matter and allow the company to complete its

                 project.

 

                 Wayne Calebrese, Vice-Chairman and President of the GEO Group, emphasized that this                  is a Federal project.  He commented that the bid was generated by the Federal

                 Government.  He pointed out that in August 2004, the Planning and Zoning

                 Commission met in a public hearing where the public had an opportunity to be heard.

                 He stated that the plan used was described in detail as a Federal Detention Facility which

                 was considered and approved.  He added that the Planning and Zoning staff then

                 considered the recommendation and they in turn made a recommendation for approval of

                 the Ordinance.  He added that in September 2004 there were public hearings for all

                 members of the community to come before Council.  He commented that the activities of

                 the company immediately started in October 2004.  He pointed out that half of the 90

                 million dollar facility is already complete.  Finally, he asked Council not to take any

                 actions.

 

                 Council Member Landeck stated that there was no reported action decided by the City

                 Council.  He asked the City Council to look into the issue regarding several allegations

                 made. 

 

                 Motion to have the City Attorney look into the allegations made against the GEO Group

                 and report back to City Council.

 

                 Moved:  Cm. Landeck

                 Second:  None

 

                 Motion failed due to a lack of a second.

 

            2.  Discussion with possible action regarding the rental of the El Portal property to the

                 Khaledi Group and/or their associates.

 

                 Council Member Landeck stated that there are continued questions from constituents

                 asking about where the City stands with their property.

 

                 Jesus Olivares, Assistant City Manager, reported that the El Portal Project was accepted                  in August and as per the contract between the City and the Khaledi Group, there was a                    clause in the contract that stated that the City needed to return the property over to

                 them encroachment free.  He commented that the existing site has a ramp that is

                 encroaches the alley.  He mentioned that they are proposing to relocate the ramp to the

                 side of the building.  Mr. Olivares added that he has been in contact with the property

                 owner and has approved the relocation of the ramp.  He mentioned that this would fulfill

                 the requirement as per the agreement. He mentioned that he anticipates that the

                 completion of the removal of the ramp and the creation of the new one will be finished

                 by the middle of January.  Finally, he stated that once the removal of the encroachment

                 is complete, the property can be turned over to the Khaledi Group.

 

            3.  Discussion with possible action regarding the Sewage treatment plant in South Laredo at

                 Santa Rita and related development issues.

 

                 Council Member Landeck stated that he visited the Sewage Treatment facility and found                  several disturbing issues, one of them being that sewage capacity had been met.  He

                 added that the plant could not operate any more.  He inquired if the stench could be

                 controlled.

 

                 Tomas Rodriguez, Utilities Director, reported that the plant is at capacity; however, the

                 plant is currently under design.  He stated that the design will increase the capacity by 1

                 ½ million gallons per day and will be completed within 18 months.   He mentioned

                 getting a cost estimate for a concrete block wall 8 feet high to seal the sewer plant from

                 being seen.  He added that the wall can be aerodynamic and lift the wind that comes

                 from the north, lifting the smell up to 20 or 30 feet above the houses.  He stated that cost

                 may be $225,000.  He commented that the aerobic digester is another option which puts

                 air into the sludge; thereby, reducing the odor.  He added that he is currently getting

                 prices.  Finally, the last option would be to put a thick vinyl cover on the tank that stores

                 the sludge and use the equipment they have to scrub the odor.  He stated that this option

                 would take 120 days while the covering the tank would take 60 days.

 

                 Council Member Landeck asked to take into consideration getting a bigger facility. 

 

VIII.    PUBLIC HEARINGS

 

            2.  Public hearing and introductory ordinance accepting a grant in the amount of $25,000.00

                 from the Texas Department of Transportation for enforcement of Impaired Driver

                 Mobilization and amending the City of Laredo’s Fiscal Year 2007-2008 Annual

                 Budget/Special Police in the amount of $25,000.00.  This grant is for overtime salaries,

                 including fringe benefits, and is funded 100% by the Texas Department of

                 Transportation for a full year.

 

                 Motion to open the public hearing.

 

                 Moved:  Cm. Garza

                 Second:  Cm. Amaya

                 For:      8                                         Against:  0                                           Abstain:  0

 

                 There was no public input.

 

                 Motion to close the public hearing and introduce.

 

                 Moved:  Cm. Garcia

                 Second:  Cm. Ramirez

                 For:      8                                         Against:  0                                           Abstain:  0

 

                 Ordinance Introduction: City Council

 

            3.  Public hearing and introductory ordinance authorizing the City Manager to accept a

                 donation from the family of Amanda G. and Jose Maria Guerra in the amount of

                 $1,000.00 and amending and appropriating the City of Laredo Fiscal Year 2007-2008

                 annual budget.  Funds will be deposited in the Friends of the Library Fund and will be

                 used to purchase books and DVDs about Alzheimer’s disease for the Main Library.

 

                 Motion to open the public hearing.

 

                 Moved:  Cm. Garcia

                 Second:  Cm. Amaya

                 For:      8                                         Against:  0                                           Abstain:  0

 

                 There was no public input.

 

                 Motion to close the public hearing and introduce.

 

                 Moved:  Mayor Pro Tempore Belmares

                 Second:  Cm. Ramirez

                 For:      8                                         Against:  0                                           Abstain:  0

 

                 Ordinance Introduction: City Council

 

            4.  Public hearing and introductory ordinance authorizing the City Manager to accept the

                 Texas Department of Transportation Section 5307 Grant No. 51822F7052 for

                 $667,123.00 and amending the Fiscal Year 2007-2008 Transit Budget by increasing the

                 State Operating Grant contribution and decreasing Transit Sales Tax match for operating

                 expenses by $208,902.00.

 

                 Motion to open the public hearing.

 

                 Moved:  Mayor Pro Tempore Belmares

                 Second:  Cm. Amaya

                 For:      8                                         Against:  0                                           Abstain:  0

 

                 There was no public input.

 

                 Motion to close the public hearing and introduce.

 

                 Moved:  Mayor Pro Tempore Belmares

                 Second:  Cm. Chavez

                 For:      8                                         Against:  0                                           Abstain:  0

 

                 Ordinance Introduction:  City Council

 

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

                 Memorandum of Understanding between the Laredo Police Department and the United