CITY OF LAREDO RECOGNITION AND COMMUNICATION NOTICE CITY COUNCIL CHAMBERS 1110 HOUSTON STREET LAREDO, TEXAS :00 P.M.

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1 CITY OF LAREDO RECOGNITION AND COMMUNICATION NOTICE CITY COUNCIL CHAMBERS 1110 HOUSTON STREET LAREDO, TEXAS September 17, :00 P.M. The Mayor will be presenting the following: 1. Recognizing the 2018 Karate World Champions representing Amici Bad Boys International Martial Arts, instructed by Grand Master Mike Cortez. Mike Cortez recognized the karate team, noting that they worked for a year to go to the competition in Hawaii. The team won 18 first place awards as well as the distinction of Super Champs. He noted that the team has trained together for four years and has travelled internationally for competitions. The team raises its own funds for travel. Mayor Saenz presented the team with certificates of recognition. 2. Recognizing the Laredo Girls Rugby Team for being Silver State Champions and South Texas State Champions and recognizing the Laredo Boys Rugby Team for being Bronze State Champions and Texas Rising Stars. Both teams have also given back to the Laredo community by performing more than 200 volunteer hours with different local organizations. Coach Sunni Lavulavu noted that the team was started about nine months ago when he noticed a need for students to experience a new sport. The team features athletes and dancers from other sports. He stated that he is the only rugby coach in Laredo, and he is tackle-certified as per UIL requirements. He emphasized his dedication to the team members and Laredo. Mayor Saenz presented the team members with certificates of recognition. I. CALL TO ORDER CITY OF LAREDO CITY COUNCIL MEETING M2018-R-15 CITY COUNCIL CHAMBERS 1110 HOUSTON STREET LAREDO, TEXAS September 17, :30 P.M. Mayor Pete Saenz called the meeting to order. II. PLEDGE OF ALLEGIANCE

2 Mayor Pete Saenz led in the pledge of allegiance. III. MOMENT OF SILENCE Mayor Pete Saenz led in a moment of silence. IV. ROLL CALL In attendance: Pete Saenz Rudy Gonzalez, Jr. Vidal Rodriguez Alejandro Alex Perez, Jr. Alberto Torres, Jr. Norma Nelly Vielma Charlie San Miguel George J. Altgelt Roberto Balli Jose A. Valdez, Jr. Horacio De Leon Cynthia Collazo Kristina L. Hale Mayor District I District II District III District IV District V District VI District VII District VIII City Secretary City Manager Deputy City Manager City Attorney Cm. Perez joined at 6:00 p.m. Cm. San Miguel joined at 6:55 p.m. V. MINUTES Approval of the minutes of August 13-15, 2018 and September 4, Motion to approve the August 13-15, 2018, and September 4, 2018 minutes. Cm. Perez and Cm. San Miguel were not present. Citizen comments David Alvarado stated that his ministry, Repairer of Broken Walls, is supported by Iglesia Cristiana Misericordia to help people who are trying to overcome their struggles. Travis Cabello of the Laredo Shrine Club noted that the club raises funds for the Shriners Children s Hospitals to provide free medical care and to secure transportation for children in the area to the hospitals. The Laredo Shrine Club is nonprofit and has limited funds. Club members are limited in their ability to provide transportation, often using their own personal vehicles or buying bus or plane tickets for the children to travel to the hospitals. He asked any community members who are able to do so to consider donating vehicles to be used strictly for transporting non- 2

3 ambulatory patients from the border to the hospital. Cm. Altgelt asked staff to visit with Mr. Cabello to see if the City can help facilitate sufficient transportation to hospital facilities. Sylvia Cosio spoke in opposition of application pertaining to Public Hearing #12 and asked Council to respect the wishes of the many neighbors and residents surrounding the property. Lakshmana Vish Viswanath reminded Council that the fiscal year begins on October 1, 2018, and some Council Members may spend all their district priority funding right away before vacating their Council seat, either because they are terming out or do not win their re-election bids. He recalled Cm. Torres complaining of not having any priority funding because his predecessor spent it all. He encouraged Council to support the motion to refrain from overspending on district priority funds until after the election. Mellie Hereford reminded Council that government operates under the consent of the governed. Laredo s constituents do not want their money squandered on frivolous expenditures like an equality parade when city streets fall into disrepair. The taxpayers are not given any tax relief and are insulted by the ridiculous parade idea. She reminded Council that they are meant to be nonpolitical and nonpartisan. The item regarding the mail-in election ballot is one of great importance as it relates to the City s integrity in the political process. An investigation is underway, but Council passed a resolution in support of the Elections Administrator when 80 mail-in ballots all had the same handwriting. Mrs. Hereford voiced her opinion that Council s item to extend an employment contract with certain Department Directors is a power grab from the City Manager and violates the City Charter. Roberto Delgado thanked the Mayor for the White Cane Awareness Day proclamation. He invited the public to come to City Hall on October 19 for the proclamation and noted his intention to initiate a local chapter to Laredo that assists the blind with overcoming their daily obstacles. VI. VETERAN RECOGNITION a. Honoring Hero Flight Veterans - David Rankin - World War II, Manuel Ramirez - Korean War and Heriberto Saldivar - Vietnam War as members of the United States Military and recognizing their distinguished service to our country. Arturo Garcia, Community Development Director, displayed a video presentation of the Honor Flight veteran ceremony. Mr. Rankin, Mr. Ramirez, and Mr. Saldivar received a standing ovation. Mayor Saenz informed the veterans that they make Laredo and their nation very proud. Toni Gamboa, coordinator for the Laredo Veterans Hero Flight, introduced the veterans and noted that Mr. David Rankin turned 100 years old in August He still drives and grocery shops for himself. She noted that Mr. Ramirez was a POW after he was captured by enemy forces and kept for 33 months. Mr. Saldivar served as a parachutist and was awarded a bronze star. Ms. Gamboa 3

4 reported that 40 veterans participated in the Honor Flight in San Antonio, and she recognized the family members of the veterans present. She noted that the trip was a success and voiced her gratitude for the service of every military member that has secured freedom for American citizens. Manuel Fidel Ramirez thanked the City for the recognition and noted that shopping through Amazon Smile provides an opportunity to support the San Antonio Honor Flight. Heriberto Saldivar thanked Council for being a part of the Honor Flight trip. He recognized Mrs. Gamboa for her hard work and dedication, noting that support of veterans has grown significantly in recent years. David Rankin thanked the City for accepting Laredo s veterans. He reminded the public that many veterans suffer from Post-Traumatic Stress Disorder (PTSD) which has a devastating toll on their mental wellbeing. He asked people to thank a veteran as it means so much to them. VII. APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES a. Appointment by Council Member George Altgelt of George Mapus to the City Utilities Advisory Commission. Motion to approve the nomination of George Mapus to the City Utilities Advisory Commission. Second: Cm. Altgelt Cm. Gonzalez, Cm. Vielma, Cm. San Miguel, and Cm. Balli were not present. VIII. PUBLIC HEARINGS 1. Motion to open public hearing #1. Second: Cm. Balli Cm. Gonzalez, Cm. Vielma, and Cm. San Miguel were not present. Public Hearing and Introductory Ordinance ratifying the execution of the contract amendment from the Texas Health and Human Services Commission (HHSC) in the amount of $151, for a total of $5,574, for FY2018 and $5,535, for FY2019 and amending the FY Full Time Equivalent (FTE) Position Listing by adding one (1) Nutritionist, R36 position for the Women, Infants and Children (WIC) Program of the City of Laredo Health Department (CLHD) to continue to provide nutrition education and food supplemental services to high risk women and children for the term period of October 1, 2017 through September 30,

5 Motion to close public hearing and introduce. Cm. Gonzalez, Cm. Vielma, and Cm. San Miguel were not present. 2. Motion to open public hearing #2. Second: Cm. Balli Cm. Gonzalez, Cm. Vielma, and Cm. San Miguel were not present. Public Hearing and Introductory Ordinance authorizing the City Manager to accept and execute the United States Department of Transportation Federal Transit Administration (FTA) grant no. TX in the amount of $437, with a 15% local match and to amend the FY2018 Transit Capital Grants by appropriating $243, in additional revenues and $248, in expenditures resulting in a drawdown of fund balance in the amount of $5, This FTA grant is a Section 5339 Bus and Bus Facilities Grant Program authorized under the Fixing America s Surface Transportation (FAST) act and will be used to replace one (1) heavy-duty bus and (1) paratransit van that have met their useful life benchmark (ULB). Motion to close public hearing and introduce. 3. Motion to open public hearing #3. Moved: Cm. Gonzalez Public Hearing and Introductory Ordinance amending the Zoning Ordinance (Map) of the City of Laredo by rezoning approximately acres, as further described by Metes & Bounds in Exhibit A, located South of Soria Dr. and East of US Hwy 83, from R-3 (Mixed Residential District) to R-1A (Single Family Reduced Area District); providing for publication and effective date. 5

6 Staff does not support the application and Planning & Zoning Commission recommends approval of the zone change. ZC District I Vanessa Guerra of the Planning Department reported that staff sent 45 letters regarding this application but have not received any letters back in favor or opposition. Staff did not support the application because it was not in conformance with the Comprehensive Plan. However, the application does have similar zones in adjacent areas and similar uses. Motion to close public hearing and introduce. Moved: Cm. Gonzalez Second: Cm. Balli 4. Motion to open public hearing #4. Moved: Cm. Gonzalez Second: Cm. Balli Public Hearing and Introductory Ordinance amending the Zoning Ordinance (Map) of the City of Laredo by rezoning approximately 5.26 acre tract as further described by Metes & Bounds in Exhibit A, located at West of Katiana Dr., from R-1 (Single Family Residential District) to R-1A (Single Family Reduced Area District); providing for publication and effective date. Staff supports the application and Planning & Zoning recommends approval of the zone change. ZC District I Motion to close public hearing and introduce. Moved: Cm. Gonzalez Second: Cm. Balli Cm. Torres, Cm. Vielma, Cm. San Miguel, and Cm. Altgelt were not present. 5. Motion to open public hearing #5. Moved: Cm. Gonzalez Second: Cm. Balli Cm. Torres, Cm. Vielma, Cm. San Miguel, and Cm. Altgelt were not present. 6

7 Public Hearing and Introductory Ordinance amending the Zoning Ordinance (Map) of the City of Laredo by rezoning approximately 7.45 acre tract as further described by Metes & Bounds in Exhibit A, located at South of S. Texas Ave., and West of Katiana Dr. from R-1 (Single Family Residential District) to R-1A (Single Family Reduced Area District); providing for publication and effective date. Staff supports the application and Planning & Zoning Commission recommends approval of the zone change. ZC District I Motion to close public hearing and introduce. Moved: Cm. Gonzalez Second: Cm. Balli Cm. Torres, Cm. Vielma, Cm. San Miguel, and Cm. Altgelt were not present. 6. Motion to open public hearing #6. Moved: Cm. Rodriguez Cm. Torres, Cm. Vielma, Cm. San Miguel, and Cm. Altgelt were not present. Public Hearing and Introductory Ordinance amending the Zoning Ordinance (Map) of the City of Laredo by rezoning approximately acre tract, as further described by Metes & Bounds Exhibit A, located at 4200 Jaime Zapata Memorial Highway, from R-3 (Mixed Residential District), B-1 (Limited Business District) and B-3 (Community Business District) to B-4 (Highway Commercial District); providing for publication and effective date. Staff does not support the application and Planning & Zoning recommends approval of the zone change. ZC District II Motion to close public hearing and introduce. Moved: Cm. Rodriguez Cm. Torres, Cm. Vielma, Cm. San Miguel, and Cm. Altgelt were not present. 7. Motion to open public hearing #7. Moved: Cm. Rodriguez 7

8 Cm. Torres, Cm. Vielma, Cm. San Miguel, and Cm. Altgelt were not present. Public Hearing and Introductory Ordinance amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lot 1, Block 1, Las Blancas Residential Subdivision, located at 8201 Mejia Rd., from R-1A (Single Family Reduced Area District) to B-3 (Community Business District); providing for publication and effective date. Staff does not support this zone change and Planning & Zoning Commission recommends approval of the zone change. ZC District II Motion to close public hearing and introduce. Moved: Cm. Rodriguez Cm. Torres, Cm. Vielma, Cm. San Miguel, and Cm. Altgelt were not present. 8. Motion to open public hearing #8. Second: Cm. Vielma Cm. Gonzalez, Cm. Torres, Cm. San Miguel, and Cm. Altgelt were not present. Public Hearing and Introductory Ordinance amending the Zoning Ordinance (Map) of the City of Laredo by rezoning approximately 5.37 acres as further described by Metes & Bounds in Exhibit A, located East of Casa Verde Rd., and South of Lucia Ct., from R-1 (Single Family Residential District) to R-1A (Single Family Reduced Area District); providing for publication and effective date. Staff supports the proposed zone change and Planning & Zoning Commission recommends approval of the zone change. ZC-53.B-2018 District V Motion to close public hearing and introduce. Moved: Cm. Vielma Second: Cm. Balli Cm. Gonzalez, Cm. Torres, Cm. San Miguel, and Cm. Altgelt were not present. 8

9 9. Motion to open public hearing #9. Moved: Cm. Vielma Second: Cm. Balli Cm. Gonzalez, Cm. Torres, Cm. San Miguel, and Cm. Altgelt were not present. Public Hearing and Introductory Ordinance amending the Zoning Ordinance (Map) of the City of Laredo by authorizing a Conditional Use Permit for a Children s Amusement Services (Outdoors) on Lots 7 and 8, Block 2, San Jose Subdivision, located at 6321 and 6323 Casa Del Sol Blvd; providing for publication and effective date. Staff does not support the application and Planning and Zoning Commission recommends approval of the Conditional Use Permit. ZC District V Isaac Liendo noted that he already had the permit, and it has expired. He requested a permit renewal. It expired in May 2017, and he continued to operate the business without the permit for a year. He noted that parking has always been an issue at this location and there is not a way to get more parking spaces. Cm. Vielma noted that the permit was originally approved with a condition that the location be pick-up/drop-off only. Mr. Liendo noted that at the last Council meeting, his item was tabled so he left. After he left, Council reconsidered the item and placed restrictions on it without his input. Cm. Vielma reported that she has received several calls that this location is a nuisance, citing specifically the parking, loud hours of operation until 2:00 a.m., and rodents and cockroaches in the area scavenging the trash left outside after parties. She voiced her concern about these complaints as the location is in the middle of a residential area. Mr. Liendo noted that he has only received complaints of the parking from one specific individual, and he added that he has a good relationship with his neighbors. Cm. Vielma countered that neighbors have made complaints in writing or via phone calls. She noted her inclination to deny the application because the conditions of the original permit are not going to work for a swimming pool area. Mr. Liendo asked what he is supposed to do with his property if his permit is denied. Cm. Vielma noted that it is in the middle of a residential area. Mr. Liendo countered that it has been a business for about 20 years and there is nothing else to do with the property. Cm. Rodriguez asked how long this pool has been open to the public or for rentals. Ana Villarreal of the Planning Department reported that she was unsure how long Mr. Liendo has been operating the pool. She could not confirm when the property was developed. Cm. Rodriguez recalled renting this facility for parties 18 years ago and asked why the City is not trying to find a way to keep a small business in operation. Ms. Villarreal noted that the letters received by staff note that the partygoers 9

10 block residential driveways when they park outside the property and have started littering around the area. She noted that staff sent out 45 letters and received three back in opposition. Staff has also issued citations to Mr. Liendo; zoning officers has visited the property multiple times. The officers found that the property was operating business hours late in the night. She displayed pictures of cars parked in the street and blocking driveways. She noted that the pictures were taken at a time when the permit was already expired. Cm. Rodriguez reminded staff that when businesses set dates for rental of their facilities, it is hard for them to cancel because of their contracts and the possibility of lawsuits. He stated that the City should do a better job of reminding permit holders of upcoming expirations and the requirements to renew permits. He voiced his opinion that Mr. Liendo did the best he could to comply with the parking requirements. Ms. Villarreal countered that Mr. Liendo was never in compliance with the parking requirements of his permit. That is why the City Council decided to add a condition to his permit to make the establishment drop-off/pick-up only, to which he also did not comply. Cm. Balli noted that while some residents in the neighborhood are not happy with the property, others use the facilities. He voiced his support of the permit application because it provides a service to the community. Mr. Liendo reminded Council that the entire colonia has a parking problem, and many of the residents have about six cars per trailer. Cm. Balli stated that Mr. Liendo has made an investment in his business and the property, and he did not want to take action that would take the investment away from him. Ms. Villarreal displayed a letter in which a resident complained of alcoholic beverage litter and rats, cockroaches, and ants infesting the area. Mayor Saenz asked if there is a Homeowners Association in the area that could help mitigate the parking and walkability in the area. Ms. Villarreal confirmed that staff did not receive any letters in support of this application. Cm. Torres countered that a letter of support was provided in Council s Friday packet. Ms. Villarreal conceded. Vanessa Guerra of the Planning Department also clarified that 46 letters were sent out, not 45. Ms. Villarreal stated that the zoning ordinance went into effect in She informed Council that staff can look into whether the applicant has any CO s if Council will table the item. Staff does not have any records of the property s operation before Mr. Liendo s ownership. Motion to close public hearing and deny. Moved: Cm. Vielma Second: Mayor Saenz For: 2 Against: 5 Abstain: 0 10

11 Cm. Vielma Cm. Altgelt Cm. Gonzalez Cm. Rodriguez Cm. Perez Cm. Torres Cm. Balli Motion fails. Cm. Balli made a motion to approve a conditional use permit for five years. Cm. Vielma asked staff how long CUPs terms are. Ms. Guerra noted that durations of conditional use permits are at the discretion of the Council. Normally in the past, if the applicant has a significant financial investment, Council would issue a CUP permanently. However, if the use had issues associated with it, Council would limit the term. Cm. Altgelt reminded Council that Members typically defer to the Council Member in whose district the property is located. He voiced his opinion that Cm. Vielma has studied the issue and knows best what the needs and concerns are in her district. He encouraged Council to support Cm. Vielma and the due diligence that she has executed. Cm. Vielma stated that nowhere else in the City is a pool and party facility located in the middle of a residential area, and Council Members would not approve of this permit in their districts. The rodent infestation is grounds for a public health issue in the area, and if the business has not been in compliance for the past years with the business owner continuing to operate knowing his permit expired, then she did not see how the situation is going to improve. She asked that her statement be added to the record since she was being steamrolled by Council Members making decisions about properties not in their district. Motion to approve a Conditional Use Permit for 10 years and remove the dropoff/pick-up condition, close public hearing, and introduce, as amended. Second: Cm. Rodriguez For: 5 Against: 2 Abstain: 0 Cm. Gonzalez Cm. Vielma Cm. Rodriguez Cm. Altgelt Cm. Perez Cm. Torres Cm. Balli 10. Motion to open public hearing #10. Second: Cm. Altgelt 11

12 Public Hearing and Introductory Ordinance amending the Zoning Ordinance (Map) of the City of Laredo by authorizing a Conditional Use Permit for vehicle/truck storage and business storage on Lot 1, Block 1, JDK, located at F.M Rd; providing for publication and effective date. Staff supports the application and Planning and Zoning Commission recommends approval of the Conditional Use Permit. ZC District VII Jorge Vazquez spoke in favor of the Conditional Use Permit. Vanessa Guerra of the Planning Department confirmed reported that this proposal came before Council as a B-4 zone change, then the applicant amended the request for a CUP with the B-3. The B-3 is already in process. Motion to close public hearing and introduce. Moved: Cm. Altgelt Cm. Gonzalez, Cm. Perez, and Cm. San Miguel were not present. 11. Motion to open public hearing #11. Second: Cm. Altgelt Cm. Gonzalez, Cm. Perez, and Cm. San Miguel were not present. Public Hearing and Introductory Ordinance amending the Zoning Ordinance (Map) of the City of Laredo by authorizing a Special Use Permit for a Restaurant Serving Alcohol on Lot 11, Block 573, Western Division, located at 2601 San Bernardo Ave.; providing for publication and effective date. Staff does not support the application and Planning and Zoning Commission recommends approval of the Special Use Permit. ZC District VIII Joel Gueta, restaurant owner, stated that the building originally had a parking issue, but he was able secure a letter from Ricardo Cavazos granting him the use of 17 parking spaces for the restaurant. Mr. Cavazos is the owner of the property. The restaurant is applying for its TABC liquor license to serve alcoholic beverages at the restaurant. Motion to close public hearing and introduce. Second: Cm. Altgelt 12

13 Cm. Gonzalez, Cm. Perez, and Cm. San Miguel were not present. 12. Motion to open public hearing #12. Second: Cm. Altgelt Cm. Gonzalez, Cm. Perez, and Cm. San Miguel were not present. Public Hearing and Introductory Ordinance amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lot 4A, Block 1, Vista Hermosa Subdivision, Unit III, located at 5507 McPherson Rd., from B-3 (Community Business District) to B-4 (Highway Commercial District); providing for publication and effective date. Staff does not support the application and Planning & Zoning Commission recommended denial of the zone change. Therefore the applicant has since exercised the right to appeal this decision directly to City Council. ZC District V Motion to close public hearing and introduce. Moved: Cm. Vielma Cm. Gonzalez, Cm. Perez, Cm. San Miguel, and Cm. Balli were not present. IX. SECOND PUBLIC HEARING 13. Motion to open public hearing #13. Cm. Vielma, Cm. San Miguel, and Cm. Altgelt were not present. Second Public Hearing and discussion of the voluntary annexation and initial zoning of M-1 (Light Manufacturing District) on a tract of land totaling acres, more or less, as described by metes and bounds in the attached Exhibit A, and known as annexation Tract 1 (City of Laredo Fire Station No. 13 Tract), north of F.M and east of Pinto Valle Dr., as required by Section of the Texas Local Government Code. Motion to close public hearing. 13

14 Cm. San Miguel and Cm. Altgelt were not present. 14. Motion to open public hearing #14. Cm. Vielma, Cm. San Miguel, and Cm. Altgelt were not present. Second Public Hearing and discussion of the voluntary annexation and initial zoning of M-1 (Light Manufacturing District) on a tract of land totaling acres, more or less, as described by metes and bounds in the attached Exhibit A, and known as annexation Tract 2 (J. O. Alvarez Tract), north of F.M and west of Pinto Valle Dr., as required by Section of the Texas Local Government Code. Motion to close public hearing. Cm. San Miguel and Cm. Altgelt were not present. 15. Motion to open public hearing #15. Cm. Vielma, Cm. San Miguel, and Cm. Altgelt were not present. Second Public Hearing and discussion of the voluntary annexation and initial zoning of M-1 (Light Manufacturing District) on a tract of land totaling 4.65 acres, more or less, as described by metes and bounds in the attached Exhibit A, and known as annexation Tract 3 (Gerardo Rodriguez Tract), north of F.M and east of Pinto Valle Dr., as required by Section of the Texas Local Government Code. Motion to close public hearing. 14

15 Cm. San Miguel and Cm. Altgelt were not present. 16. Motion to open public hearing #16. Cm. Vielma, Cm. San Miguel, and Cm. Altgelt were not present. Second Public Hearing and discussion of the voluntary annexation and initial zoning of M-1 (Light Manufacturing District) on a tract of land totaling acres, more or less, as described by metes and bounds in the attached Exhibit A, and known as annexation Tract 4 (Modern Construction Tract), north of F.M and west of Pinto Valle Dr., as required by Section of the Texas Local Government Code. Motion to close public hearing. Cm. San Miguel and Cm. Altgelt were not present. 17. Motion to open public hearing #17. Cm. Vielma, Cm. San Miguel, and Cm. Altgelt were not present. Second Public Hearing and discussion of the voluntary annexation and initial zoning of M-1 (Light Manufacturing District) on a tract of land totaling 6 acres, more or less, as described by metes and bounds in the attached Exhibit A, and known as annexation Tract 5 (Angulo Properties Tract), north of F.M and west of Pinto Valle Dr., as required by Section of the Texas Local Government Code. Motion to close public hearing. 15

16 Cm. San Miguel and Cm. Altgelt were not present. 18. Motion to open public hearing #18. Cm. Vielma, Cm. San Miguel, and Cm. Altgelt were not present. Second Public Hearing and discussion of the voluntary annexation and initial zoning of M-1 (Light Manufacturing District) on a tract of land totaling acres, more or less, as described by metes and bounds in the attached Exhibit A, and known as annexation Tract 6 (Rozum Tract), north of F.M and east of Pinto Valle Dr., as required by Section of the Texas Local Government Code. Motion to close public hearing. Cm. San Miguel and Cm. Altgelt were not present. 19. Motion to open public hearing #19. Cm. Vielma, Cm. San Miguel, and Cm. Altgelt were not present. Second Public Hearing and discussion of the voluntary annexation and initial zoning of M-1 (Light Manufacturing District) on a tract of land totaling 3.75 acres, more or less, as described by metes and bounds in the attached Exhibit A, and known as annexation Tract 7 (Barranco Tract), north of F.M and west of Pinto Valle Dr., as required by Section of the Texas Local Government Code. Motion to close public hearing. Cm. San Miguel and Cm. Altgelt were not present. 16

17 20. Motion to open public hearing #20. Cm. Vielma, Cm. San Miguel, and Cm. Altgelt were not present. Second Public Hearing and discussion of the voluntary annexation and initial zoning of B-1 (Limited Business District) on a tract of land totaling acres, more or less, as described by metes and bounds in the attached Exhibit A, and known as annexation Tract 8 (Santa Isabel Subdivision Tract), north at the intersection of F.M and Santa Isabel Creek, as required by Section of the Texas Local Government Code. Motion to close public hearing. Cm. San Miguel and Cm. Altgelt were not present. 21. Motion to open public hearing #21. Cm. Vielma, Cm. San Miguel, and Cm. Altgelt were not present. Second Public Hearing and discussion of the voluntary annexation and initial zoning of M-1 (Light Manufacturing District) on a tract of land totaling acres, more or less, as described by metes and bounds in the attached Exhibit A, and known as annexation Tract 9 (Lot 11-E Ranchitos Los Minerales IV Tract), north of F.M and east of El Primero, as required by Section of the Texas Local Government Code. Motion to close public hearing. Cm. San Miguel and Cm. Altgelt were not present. 22. Motion to open public hearing #22. 17

18 Cm. Vielma, Cm. San Miguel, and Cm. Altgelt were not present. Second Public Hearing and discussion of the voluntary annexation and initial zoning of M-1 (Light Manufacturing District) on a tract of land totaling acres, more or less, as described by metes and bounds in the attached Exhibit A, and known as annexation Tract 10 (Tract 29 Ranchitos Los Minerales IV Tract), south of F.M and west of Silver Mines Rd., as required by Section of the Texas Local Government Code. Motion to close public hearing. Cm. San Miguel and Cm. Altgelt were not present. 23. Motion to open public hearing #23. Cm. Vielma, Cm. San Miguel, and Cm. Altgelt were not present. Second Public Hearing and discussion of the voluntary annexation and initial zoning of M-1 (Light Manufacturing District) on a tract of land totaling acres, more or less, as described by metes and bounds in the attached Exhibit A, and known as annexation Tract 11 (MAPI Properties Tract), north of F.M and west of FM 3338, as required by Section of the Texas Local Government Code. Motion to close public hearing. Cm. San Miguel and Cm. Altgelt were not present. 24. Motion to open public hearing #24. 18

19 Cm. Vielma, Cm. San Miguel, and Cm. Altgelt were not present. Second Public Hearing and discussion of the voluntary annexation and initial zoning of M-1 (Light Manufacturing District) on a tract of land totaling acres, more or less, as described by metes and bounds in the attached Exhibit A, and known as annexation Tract 12 (Nixon Ranch Tract), north at the intersection of F.M and Vidal Cantu Rd., as required by Section of the Texas Local Government Code. Motion to close public hearing. Cm. San Miguel and Cm. Altgelt were not present. 25. Motion to open public hearing #25. Cm. Vielma, Cm. San Miguel, and Cm. Altgelt were not present. Second Public Hearing and discussion of the voluntary annexation and initial zoning of M-1 (Light Manufacturing District) on a tract of land totaling acres, more or less, as described by metes and bounds in the attached Exhibit A, and known as annexation Tract 13 (H2, Hurd Urban Development Tract), east of I-35 and north of Bob Bullock/Loop 20, as required by Section of the Texas Local Government Code. Motion to close public hearing. Cm. San Miguel and Cm. Altgelt were not present. 26. Motion to open public hearing #26. 19

20 Cm. Vielma, Cm. San Miguel, and Cm. Altgelt were not present. Second Public Hearing and discussion of the voluntary annexation and initial zoning of R-3 (Multi-family Residential District) on a tract of land totaling acres, more or less, as described by metes and bounds in the attached Exhibit A, and known as annexation Tract 14 (Maxopress Tract), north of SH 359 and east of Serrano Rd., as required by Section of the Texas Local Government Code. Motion to close public hearing. Cm. San Miguel and Cm. Altgelt were not present. 27. Motion to open public hearing #27. Cm. Vielma, Cm. San Miguel, and Cm. Altgelt were not present. Second Public Hearing and discussion of the voluntary annexation and initial zoning of M-1 (Light Manufacturing District) on a tract of land totaling acres, more or less, as described by metes and bounds in the attached Exhibit A, and known as annexation Tract 15 (Alarcon Tract), south of SH 359 and west of EG Ranch Rd., as required by Section of the Texas Local Government Code. Motion to close public hearing. Cm. San Miguel and Cm. Altgelt were not present. 28. Motion to open public hearing #28. Cm. Vielma, Cm. San Miguel, and Cm. Altgelt were not present. 20

21 Second Public Hearing and discussion of the voluntary annexation and initial zoning of AG (Agriculture District) on a tract of land totaling acres, more or less, as described by metes and bounds in the attached Exhibit A, and known as annexation Tract 16 (Francisco Guerra, Jr. Tract), north of SH 359 and east of San Carlos Subdivision Phase II, as required by Section of the Texas Local Government Code. Motion to close public hearing. Cm. San Miguel and Cm. Altgelt were not present. 29. Motion to open public hearing #29. Cm. Vielma, Cm. San Miguel, and Cm. Altgelt were not present. Second Public Hearing and discussion of the voluntary annexation and initial zoning of R-1A (Single Family Reduced Area District) on a tract of land totaling acres, more or less, as described by metes and bounds in the attached Exhibit A, and known as annexation Tract 17 (Martinez Tract), east of Bob Bullock Lp. and north of SH 359, as required by Section of the Texas Local Government Code. Motion to close public hearing. Cm. San Miguel and Cm. Altgelt were not present. 30. Motion to open public hearing #30. Cm. Vielma, Cm. San Miguel, and Cm. Altgelt were not present. Second Public Hearing and discussion of the voluntary annexation and initial 21

22 zoning of M-2 (Heavy Manufacturing District) on a tract of land totaling acres, more or less, as described by metes and bounds in the attached Exhibit A, and known as annexation Tract 18 (Killam #1 Tract), north of Bob Bullock/Loop 20 and west of I-35, as required by Section of the Texas Local Government Code. Motion to close public hearing. Cm. San Miguel and Cm. Altgelt were not present. 31. Motion to open public hearing #31. Cm. Vielma, Cm. San Miguel, and Cm. Altgelt were not present. Second Public Hearing and discussion of the voluntary annexation and initial zoning of M-2 (Heavy Manufacturing District) on a tract of land totaling acres, more or less, as described by metes and bounds in the attached Exhibit A, and known as annexation Tract 19 (Killam #2 Tract), north of Bob Bullock/Loop 20 and west of I-35, as required by Section of the Texas Local Government Code. Motion to close public hearing. Cm. San Miguel and Cm. Altgelt were not present. X. INTRODUCTORY ORDINANCES 32. An Ordinance of the City of Laredo, Texas, Amending Chapter 2, Article II, Division 6 (Pay Administration), of the City Code of Ordinances specifically Section (c)(12)(a), by providing for a 2.0% Cost of Living Adjustment (COLA) for pay grades R23 to R30, a 1.5% COLA adjustment for pay grades R31 to R39, and a 1.0% COLA adjustment for pay grades R40 to W45 to the existing wage schedule and to all City employees, with the exception of Interns, Cooperative Education Program employees (CO-OPS), Elected Officials, Temporary Contract Labor employees, and employees subject to any Collective Bargaining Agreement; the adjustment to the existing wage schedule includes 22

23 an adjustment to the minimum pay to $11.00 per hour; providing for a repealing clause; providing for a severability clause; and providing for an effective date of October 1, Ordinance Introduction: City Council 33. Amending the City of Laredo Leave Ordinance and the Code of Ordinances as follows: Chapter 2, Article II, Division 3 Leave Policy, Sec. 2-58, Sec and Sec by adding one additional Personal Holiday; limiting annual leave accumulation and payout to 176 hours and eliminating sick leave payout for employees hired on or after October 1, 2018, except for employees subject to any Collective Bargaining Agreement; providing for a repealing clause; and providing for a severability clause. Ordinance Introduction: City Council 34. An ordinance establishing an Employee Retiree Incentive Program for employees who retire between October 1, 2018 through January 31, 2019 with the exception of employees subject to any Collective Bargaining Agreement; providing for a repealing clause, severability clause, and an effective date of October 1, Martin Aleman, Executive Director of Finance & Technology, explained that after staff was directed to poll potential retirees of their intentions, staff found that the total cost overall for 72 employees would be $5.5 million. Of that amount, $1 million would be from the General Fund; the rest would come from other funds. Horacio De Leon, City Manager, clarified that about 80% of the employees considering retirement are in positions that are considered critical positions and would need to be filled. However, the City s savings would be realized in the following years. The $1 million expense needs to be budgeted in this upcoming fiscal year, but he recommended that Council move forward with this ordinance. Mr. Aleman clarified that the savings will be seen in FY If the critical positions are filled at the minimum salary, the cost will be $2,389,317. If the positions are filled midway through the fiscal year, the cost will be $3,164,826. The savings to be realized with the minimum salary is estimated to be $1.8 million, and the midpoint savings is estimated to be $1 million. Mr. De Leon noted that the City is still $1 million on the General Fund. Partly, the retirement incentive program is being paid from departments from which the retirees are leaving. He noted that Council can consider a one-time draw-down to make up for this expense; however, he did not recommend that Council make that draw-down for retirement incentive purposes. There are some funding reserves for additional expenses for consultants that Council can consider pulling from. Another reserve for Police and Fire retirees can also be considered. He noted that the one-time draw-down is not advisable because it will only result in a savings if the budget does not change from year to year, and it is often amended. Mr. Aleman reminded Council that in the past eight year, the City has never had 23

24 the funds to cover all expected expenditures. Decisions have had to be made to cut or unfund vacant positions or to reallocate funds for some other purpose. There is about $2 million in the Bridge Fund that can cover the cost. Mr. De Leon noted that this may be the best option. He noted that the retirement incentive program is not an emergency, and credit bureaus look at how prudently the City will use its one-time draw-down. It might reflect poorly on the City to use that one-time draw to fund the retirement program. Council has allocated other questionable expenditures that might shed doubt on what is really needed. He voiced his concern at how that decision would affect the City s credit rating. Mr. Aleman agreed, noting that this could set a bad precedent. Monica Flores, Human Resources Director, reported that the last time the City s classification study was performed, the auditing entity looked at the wage structure but did not give any recommendations for modification because of the ranges. Motion to allocate $799,152 of the $2 million remaining in the Bridge Fund to cover the retirement incentive program upfront cost. Moved: Cm. Altgelt Jose Valdez, City Secretary, clarified to Council that this is an introductory ordinance and needs to be introduced. Mr. De Leon added that it can be amended before the September 30 deadline for a final reading. This way it can go into effect October 1, Ordinance Introduction: City Council XI. FINAL READING OF ORDINANCES Motion to waive the final readings of Ordinances 2018-O-122, 2018-O-123, 2018-O- 124, and 2018-O O-122 Amending the Zoning Ordinance (Map) of the City of Laredo by authorizing a Conditional Use Permit for a bar on Lot 2A, Block 2, Lago Del Mar Subdivision, Unit VII, located at 2511 E Del Mar Blvd., Suite 2; providing for publication and effective date. ZC District V Motion to adopt Ordinance 2018-O

25 O-123 Adopting the proposed Annual Budget for fiscal year by appropriating the revenues, expenditures and balances reported therein for the year beginning October 1, 2018, and ending September 30, 2019, consistent with the financial plan described in said annual budget (see exhibit A ) and motions approved by City Council at public workshop (see exhibit B ) and authorizing the City Manager to implement said Annual Budget. (AS AMENDED) Martin Aleman, Executive Director of Finance & Technology, recommended that Council adopt the Ordinance and increase the appropriations by $1,083,686 to reflect the changes to the retirement incentive program. Motion to adopt Ordinance 2018-O-123 with changes as recommended by staff O-124 Providing that the property tax rate (revenue) be increased by the adoption of a tax rate of $ per $100 value, which is effectively a 5.05 percent increase in the tax rate (revenue). This tax rate will have a Maintenance and Operation Rate of $ per $100 value and a Interest and Sinking Fund Rate of $ per $100 value for the levy and the collection of General and Special Ad Valorem taxes for the City of Laredo for Tax Year 2018 and Fiscal Year Cm. Altgelt voiced his understanding that this ordinance language decreased the tax rate. However, upon rereading it, the ordinance appears to be increasing the tax rate. That is not what Council agreed upon following the budget workshop. Cm. Torres clarified that Council is increasing the revenue, not the tax rate. That is why he is opposed to it. Horacio De Leon, City Manager, noted that Council s approval of additional expenses but opposition to increasing the revenues in order to balance those expenses is illogical. Cm. Altgelt stated that in light of this new understanding, he does not support the ordinance and will vote against it. 25

26 Mr. De Leon explained that the reason this ordinance needs to be read into the record is because there is more revenue than last year. Therefore, Council needs to approve the increased tax revenue even though the tax rate was lowered. He clarified that the caption of the item includes revenue. Dora Maldonado, Tax Assessor-Collector, explained that since the proposed rate is higher than the effective rate, then the City is required to publish the rates, which already occurred. The City is also required to have two public hearings, which also already occurred. Mayor Saenz noted that if Council does not approve this ordinance, then there will be no tax revenue at all. Cm. Balli reminded Council that the tax rate was decreased, and the community is growing. He took issue for Council Members not supporting this ordinance because Council spent several days working on the budget. Everyone knew this vote was coming, and to back out now at this point is disingenuous and puts the burden on the rest of Council and staff. If this ordinance is not approved, then there will not be a balanced budget and Council will have to decide on cuts. Cm. Torres clarified that he has voted against this tax rate and revenue issue from the beginning. He was the only Council member that voted against it last time. Mr. De Leon reiterated that the only way the City is going to afford the increased expenses is to accept the increase in tax revenue. Motion to adopt Ordinance 2018-O-124. Second: Cm. Balli For: 5 Against: 1 Abstain: 0 Cm. Gonzalez Cm. Vielma Cm. Rodriguez Cm. Torres Cm. Altgelt Cm. Balli Cm. Perez and Cm. San Miguel were not present O-125 Amending Chapter 19, motor vehicles and traffic, Article VIII, stopping, standing or parking, of the Code of Ordinances, City of Laredo, specifically adding subsection (25) which establishes a section of the north side of Park St., between San Bernardo Ave and Santa Maria Ave., as a "No Parking/Tow Away" zone from the hours of 7:00 p.m. to 7:00 a.m; providing 26

27 for severability and for effective date and publication. Motion to adopt Ordinance 2018-O-125. XII. CONSENT AGENDA XII (a) RESOLUTIONS R-127 Authorizing the City Manager to execute the renewal of a Clinical Affiliation Agreement between the City of Laredo Fire Department and Laredo Texas Hospital Company, L.P., DBA Laredo Medical Center. Laredo Fire Department provides its Emergency Medical Technician and Paramedic students with clinical training available at Laredo Medical Center. Motion to adopt Resolution 2018-R-127. Second: Cm. Rodriguez R-128 A Resolution renaming the Taylor Ball Park located at 400 W. Taylor to the Dr. Ike s Ball Park. Blas Castañeda spoke on Dr. Ike s behalf. Dr. Ike continues to provide a lot of non-profit support for veterans, student athletes, and scholastic scholarships. Mr. Castañeda voiced his support for Dr. Ike and his stewardship in Laredo. Andy Ramos, Jr., former City Council Member, recalled Dr. Ike s support for many organizations. He encouraged Council to adopt this resolution. Arthur Soliz thanked the Parks & Leisure Services Department for maintaining the ball park while Dr. Ike s provides the materials. Cm. Vielma thanked Conrado Cruz for bringing this project to her attention. Cm. Torres commended Cm. Vielma for bringing this item to Council. Cm. Balli and Mayor Saenz voiced their agreement and warm sentiments regarding Dr. Ike. 27

28 Toni Garcia thanked Dr. Ike for his continued support and sponsorship of her wildlife conservation efforts. Cm. San Miguel noted Dr. Ike s response to the need for young athletes in the area at the time that he helped build this ball park. Motion to adopt Resolution 2018-R-128. Moved: Cm. Vielma For: 8 Against: 0 Abstain: R-129 Adopting the Capital Improvement Program of the City of Laredo. XII (b) MOTIONS Motion to adopt Resolution 2018-R Approving the property tax revenue increase for the fiscal year budget as required by the Texas Local Government Code Section , said increase being $4,465, or 5.49%. The amount is due entirely to increases in property tax valuations and new property added to the tax roll and not due to any increase in the current tax rate of $ Second: Cm. Perez Cm. Gonzalez and Cm. San Miguel were not present. 43. Consideration for approval to ratify change order no. 4, an increase of $3, to the construction contract with Romo Contractor, LLC., for the Transitional Housing located at 1517 Washington Street. This change order no. 4 allows for the installation of wood floors and to add five (5) calendar days to the construction contract time. Current construction contract amount with this change order is $155, Current construction contract time with this change order is two hundred five (205) calendar days. Completion date for the project is scheduled for October Funding is available in the CDBG 40th Action Year Grant. 28

29 44. Consideration for approval of the Riverbank Drive Extension Project as complete, approval of change order no. 2, a decrease of $14, for credit on street signs and street lights allowance, release of retainage, and approval of final payment in the amount of $82, to Martinez Paving Co., Inc., Laredo, Texas. Final construction contract amount is $674, Funding is available in the 2016 CO Issue. 45. Consideration for approval to award a professional services contract to Data Transfer Solutions, LLC., San Antonio, Texas, for an amount not to exceed $278, to create and establish the City of Laredo Pavement Management System. The work shall be completed in one hundred fifty (150) days from notice to proceed, approximately by February Funding is available in the Capital Improvement Funds. Cm. Torres asked if this service could be done in-house and use the savings elsewhere. Horacio De Leon, City Manager, noted that staff does not recommend performing these services in-house and reallocating the $278,880 for repaving of another street. This is because the City is trying to develop a repavement program to assess the needs and costs of the next five years. This assessment will provide those numbers. Cm. Altgelt and Mayor Saenz voiced their agreement with Mr. De Leon s reasoning. Motion to table until a special Council meeting. Moved: Cm. Perez Second: Cm. Balli Cm. Gonzalez and Cm. San Miguel were not present. 46. Consideration to award a Professional Services Contract to Canales, Garza, & Baum, PLLC, Certified Public Accountants for a period of two (2) years in an amount not to exceed $93, for each fiscal year in order to provide audit services for fiscal year ending September 30, 2018 and for fiscal year ending 29

30 September 30, Audit fees will be allocated to the professional services line item among the different funds to be audited. This contract is subject to future budget appropriations. 47. Authorizing the City Manager to allow the Fire Chief to approve Fireworks Displays within the city limits of Laredo. Applicants must meet the Fire Code Requirements and obtain permits from the City of Laredo Fire Marshal s Office and the State Fire Marshal s Office as required by local ordinance and state law. 48. Authorizing the City Manager to enter into and execute a contract amendment for professional services with Sandra Leyendecker, DVM for veterinary services to include: general health and welfare of the shelter animals, spay and neuter surgeries, vaccinations, emergency animal health care, and any other related matters at Laredo Animal Care Services; adding an amount not to exceed $150, and extending the contract through September 30, Funding is available in the Animal Care Services Budget. 49. Authorizing the City Manager to renew the existing annual software maintenance agreements to Tyler Technologies, Inc. in the amount of $63, and approve a new service agreement to add the Tyler Content Manager (TCM) module in the amount of $30, for a total of $94, The annual software maintenance agreements begin October 1, 2018 and end September 30, 2019 Funding is available in the FY Municipal Court Technology Fund budget. 30