CITY OF LAREDO
CITY
COUNCIL MEETING
M2001-R-04
CITY
COUNCIL CHAMBERS
1110
HOUSTON STREET
LAREDO, TEXAS 78040
FEBRUARY 5, 2001
5:30 P.M.
I. CALL TO ORDER
With a quorum present Elizabeth
G. Flores called the meeting to order
II. PLEDGE OF ALLEGIANCE
Mayor Elizabeth G. Flores led in the Pledge of Allegiance.
III. ROLL CALL
In attendance:
Elizabeth G. Flores, Mayor
Alfredo Agredano, Council
Member, District I
Louis H. Bruni, Council
Member, District II
John C. Galo, Council
Member, District III
Johnny Amaya, Council Member, District IV
Eliseo Valdez, Jr., Council
Member, District V
Jose A. Guerra, Mayor
Pro Tempore, District VI
Jose A. Valdez, Jr., Council
Member, District VII
Juan Ramirez, Council
Member, District VIII
Gustavo Guevara, Jr., City
Secretary
Larry Dovalina, City
Manager
Cynthia Collazo, Assistant
City Manager
Jaime Flores, City
Attorney
IV. MINUTES
Approval of the minutes of December
4, 2000 and December 18, 2000.
Motion to approve.
Moved: Mayor Pro Tempore Guerra
Second: Cm. E. Valdez
For: 8 Against: 0 Abstain: 0
V. COMMUNICATIONS AND RECOGNITIONS
Announcements
Mayor Flores announced the visitation of some special guests from
the Webb County Head Start program. She
welcomed all the parents who were in attendance as well as Linda Payle, the Pan
Enrollment Coordinator, and Belin Cisneros, Assistant Coordinator. They came to witness firsthand the City
Council in action and see where the meetings are held.
Cm.
Galo announced that TxDot would begin with the demolition work tomorrow morning
at the Chacon-Meadow Bridge.
Cm.
Bruni announced that February 1st was the first day of weather
modification for the Southwest Texas Rain Enhancement Association. He is hoping for a very prosperous rainy
season for all the residents.
Cm.
J. Valdez, Jr. pointed out that he has seen some sidewalk improvements for the
residents of Dellwood Subdivision and wants to inform people that our Public
Works Department is hard at work making improvements for all the residents of
Laredo.
Cm. E. Valdez, Jr. thanked the Public Works Director, Joe
Guerra, and his crew for taking action
on Calton Road and showed his appreciation for their commitment to come through
on their promises.
Cm. Ramirez recognized the Fire Department crew for their
assistance and hard work at the Azteca neighborhood during a recent fire.
Mayor Flores read a letter from U. S. Senator Phil Graham:
Dear Mayor Flores:
“As the new year begins, I wanted to take this opportunity to
express my appreciation for having had the chance to work with you in
2000. I hope that you and the City of
Laredo enjoyed a prosperous year and that 2001 will hold even greater
promise. As you and your colleagues in
city government review the priorities for the City of Laredo in the coming
year, I am looking forward to working with you to promote the interests of the
people of Laredo. With a new Congress and
a new administration in Washington, legislation with a direct impact on our
cities and counties is likely to be considered during this session of the
Senate. As always, the experience and
insight of local leaders such as yourself will be crucial to me in evaluating
the merits of these proposals. I am
glad to have had the benefit of your views in the past, and I look forward to
continuing to work on behalf of the people of Laredo and all Texans as member
of the U. S. Senate. Once again, please
do not hesitate to contact me if I can be of any service in addressing the
concerns of the City of Laredo.”
Larry Dovalina, City Manager, announced that a number of City of
Laredo employees participated as an
employee group with the Walk America 2001 sponsored by the American Heart
Association. The city employees
received prizes for the most creative T-shirt as well as having the highest
number of participants and contributing over $1,400.00 to the organization.
Mayor Flores mentioned that she was in receipt of a letter from
Sen. Elliot Shapley regarding a report he presented titled the Texas
Borderlands: Frontier of the Americas.
She received a copy of Sen. Lucio’s report on the subject as well. She mentioned that both senators have worked
closely with Sen. Judith Zaffirini regarding proposed bills on these important
border issues.
Invitations
None.
Recognitions
a. Recognizing the City of
Laredo Finance Department in receiving the Certificate of
Achievement for Excellence in Financial Reporting by the
Government Finance Officers Association of the United States and Canada (GFOA)
for its Comprehensive Annual Financial Report (CAFR).
Mayor Flores and the City Council congratulated the Finance
Department on their outstanding achievements at being recognized by the
Government Finance Officers Association of the United States for their
excellence in job performance.
b. Recognition by the
Mayor and City Council Members of employees that retired from the
City of Laredo with 20
years or more of service for the period of December, 2000.
Mayor
Flores recognized the following employees for their commitment and service to
the City of Laredo:
Juan
M. Salinas, 21 years of service with the Utilities Department.
Jose
A. Martinez, 30 years with the Public Works Department.
Edmundo
Gutierrez, 23 years with the Public Works Department.
Martha
S. Chavez, 20 years with the Laredo Police Department.
c. Recognizing 14 students
from local middle schools who have been chosen as "Eighth
Grader of the Month" for January by the Laredo Police
Department Community Relations Unit and local school counselors.
The
following students were present to receive their certificates of recognition:
Adolfo
Mora L.
J. Christen Middle
Jacob
Diaz Lamar
Middle
Erica
Rae Ramirez Trautmann Middle
Kim
Teran United
Middle
Richard
Sames Clark
Middle
Jessie
Hernandez Los
Obispos Middle
The
following students who were not present were also recognized for their
achievements:
Sergio Leza Cigarroa
Middle
Ramiro
Herrera Memorial
Middle
Gerardo
Lozano United
South Middle
Montserrat
Calderon Salvador
Garcia Middle
Jose
Angel Benavides George
Washington Middle
Geoffrey
Edward Daves San Agustin
Middle
Tony
Caballero United
Day Middle
Jaime
Lara Mary
Help of Christians Middle
Communiqués
VI. APPOINTMENTS TO COMMISSION, BOARDS AND
COMMITTEES
a. Appointment of Henry
Alexander by Council Member John C. Galo to the
Transportation and
Traffic Safety Advisory Committee.
Motion to approve.
Moved: Cm. Agredano
Second: Cm.
Amaya
For: 8 Against: 0 Abstain: 0
b. Appointment by Council
Member Louis H. Bruni of Jay Stout to the Citizens
Environmental Advisory Committee, Raquel Valle Senties to the
Plaza Theater Ad-Hoc Committee and Ron Stewart to the Redistricting Committee.
Motion to approve.
Moved: Cm. Agredano
Second: Cm. Amaya
For: 8 Against: 0 Abstain: 0
c. Appointment by Council
Member Jose Valdez, Jr. of Mary Lou Cervantes to the Laredo
Women's Commission and
Daniel Torres to the Redistricting Committee.
Motion to approve.
Moved: Cm. Galo
Second: Cm. Agredano
For: 8 Against: 0 Abstain: 0
d. Appointment by Council
Member Juan Ramirez of Sylvia Pedraza to the Plaza Theater
Renovation Project
Ad-Hoc Committee.
Motion to approve.
Moved: Cm. Agredano
Second: Cm. Galo
For: 8 Against: 0 Abstain: 0
VII. PUBLIC
HEARINGS
1. Public hearing amending
the City of Laredo Code of Ordinances Chapter 33,
Environmental Protection, Article 1, by repealing Section 33-1 and
approving and adopting Section 33-1 as written hereunder including the
establishment of the Citizen's Environmental Advisory Committee, its
membership, terms of office, methods of appointment, authority, duties, and
other terms and conditions and providing for publication and effective date.
INTRODUCTION OF AN ORDINANCE
Amending the City of Laredo Code of Ordinances Chapter 33, Environmental
Protection, Article 1, by repealing Section 33-1 and approving and adopting
Section 33-1 as written hereunder including the establishment of the Citizen's
Environmental Advisory Committee, its membership, terms of office, methods of
appointment, authority, duties, and other terms and conditions and providing
for publication and effective date.
Motion to open the public hearing.
Moved: Cm. Galo
Second: Cm. Agredano
For: 8 Against: 0 Abstain: 0
There was no public input.
Motion to close the pubic hearing and introduce.
Moved: Cm. Bruni
Second: Cm. Agredano
For: 8 Against: 0 Abstain: 0
Ordinance Introduction:
City Council
2. Public hearing amending
the Zoning Ordinance (Map) of the City of Laredo by rezoning
Lot 200, Block 10, Del Mar Hills Subdivision, Section I, Area
"A", located at 618 Idylwood Ln., from R-1 (Single Family Residential
District) to B-1 (Limited Business District).
The Planning and Zoning Commission recommended denial of the proposed
zone change and approval of a Conditional Use Permit for a child day care
center.
INTRODUCTION OF AN ORDINANCE
Amending the Zoning Ordinance (Map) of the City of Laredo by
rezoning Lot 200, Block 10, Del Mar Hills Subdivision, Section I, Area
"A", located at 618 Idylwood Ln., from R-1 (Single Family Residential
District) to B-1 (Limited Business District); providing for publication and
effective date.
Motion to open the public hearing.
Moved: Cm. Galo
Second: Cm. Agredano
For: 8 Against: 0 Abstain: 0
Wendy Kissman, a resident who has a daughter at the day care
center, spoke in favor of the zone change.
She mentioned that it has been a positive experience because there is no
heavy traffic along the route in the mornings.
She said that she has been very pleased with the facilities.
Alba Meza Rendon, representing her father, stated that as a
resident of Idylwood Lane, he is shocked and disappointed that there is
consideration to have a commercial enterprise operate in a residential
neighborhood in direct conflict with the subdivision’s deed restrictions which
are on file on record. She stated that
this matter affects her deeply because it directly affects her widowed father. Also, she said this issue deserves address
because it affects thousands of hard-working Laredoans who have purchased homes
or who will soon join the ranks of homeowners in subdivisions across the
city. She stated that the city that
collects her taxes and is supposed to protect her interests is undermining the
deed restrictions of her residential neighborhood by including the right to
locate day care centers, public libraries, etc. She further mentioned that this encourages citizens such as this
applicant to violate the terms of the deed restrictions and forces law-abiding
citizens to spend their hard-earned money on attorney’s fees to protect the
residential integrity of their neighborhoods.
Gerardo Carmona, a resident who has a child attending the day care
center, spoke in favor of the zone change designation.
Consuelo Ramirez, who lives in close proximity to the day care
center, spoke in favor of the zone change designation.
Monica Calles, the applicant, stated that she is committed to
meeting all the conditions imposed by the Planning and Zoning Department.
Mayor Pro Tempore Guerra stated that as part of the conditional
use permit, several residents have recommended that concrete be used instead of
asphalt because of its durability. He
further suggested that the Legal Department should look into the deed
restrictions mentioned by Ms. Meza.
Keith Selman, Planning and Zoning Director, mentioned that his
department is not supporting the zone change nor the conditional use
permit. He advised City Council not to
knowingly allow an activity that they know is a violation of a deed
covenant.
Motion to close the pubic hearing and introduce, subject to deed
restrictions clarification by Legal Department.
Moved: Mayor Pro Tempore
Guerra
Second: Cm. Galo
For: 8 Against: 0 Abstain: 0
Ordinance Introduction: Mayor
Pro Tempore Guerra
VIII. GENERAL COUNCIL DISCUSSIONS AND
PRESENTATIONS
3. A. Request by Mayor Elizabeth G. Flores
1. Discussion with
possible action on the City of Laredo's State and Federal
Legislative Agenda for self assignments by Council Members. Including the availability and commitment
for trips, letter writing, presentation to constituencies, research and any
other means related to Legislative Advocacy for the City of Laredo.
Areas on:
1. Transportation
a. Surface
b. Railroad
c. Air
2.
Environment
3.
Housing
4.
International Trade Activity
5.
Redistricting
6.
Other
Mayor Flores stated that she wanted to be sure that she received
some information from the Council Members as to what particular issues they
would like to have addressed both at the state and federal levels. She wants
feedback from all of them as to what specific issues each one would like to
have her backing on so that they can be kept abreast as to specific legislation
being considered that would deal with their concerns and that may affect each
individual council district in some way.
Cm. E. Valdez, Jr. stated that one thing he is interested in deals
with transportation and he would like to see the federal government consider
doing something for off-system roads.
He mentioned that many of our off-system roads are deeply impacted by
the NAFTA trade and the heavy flow of tractor-trailers and it is the local
citizens who are having to provide funding for these road improvements through
local tax dollars.
Larry Dovalina, City Manager, reported that this was one of the
topics under discussion at the Texas Municipal League Legislative Briefing held
earlier today. He reiterated the fact
that the federal highway funding source always put in money into the on-system
roadway but does not leave any revenue stream to fix the city streets. Therefore, they want to ensure that there is
a formation of a revenue stream to be able to address the issue of city
streets.
Mayor Flores mentioned that there would also be future discussions
regarding international trade activity.
She stated that at the federal level, U. S. Senator Phil Gramm has filed
legislation to assist the U. S. Customs Service expedite the congestion at the
bridges which is a huge problem locally.
B. Request by Council Member Louis H. Bruni
1. Discussion and possible
action on the street maintenance of Locust Street
between Bartlett and
Arkansas Avenues.
Cm.
Bruni mentioned that there seems to be a continuous utility cut on either the
waste water line or fresh water line that runs the entire length of the street.
Rogelio
Rivera, City Engineer, reported that this street fell under the recycling
project and said project contract would be awarded during this council meeting. He did agree that the street would need to
be repaired before any major work is done through the recycling project.
2.
Status report on existing Utility Street cuts in District II, with
possible action.
Fernando
Roman, Utilities Director, reported that one of the things they agreed to
purchase is a pot patcher paid for by the Utilities Fund so that they would
have an extra machine available for the Public Works Department and in that way
expand their capabilities. He stated
that this would take care of the delay they have had between the time that his
department would finish the cut and then allow the other department to come in
and finish the project.
3.
Discussion and possible action on the continued residential encroachment
on the
Laredo International Airport.
Cm.
Bruni stated that some time ago, the Planning and Zoning Department was against
a certain subdivision continuing their R-1 south tract in building right up to
our Laredo International Airport.
Humberto
Garza, Airport Property Manager, reported that Jose Flores, Airport Director,
is presently in Ft. Worth discussing this concern with Federal Aviation
Administration officials. He mentioned
that this tract of land is one of six tracts that they have identified for
possible acquisition. It is currently
vacant and undeveloped and, at this point in time, they would like to encourage
the possibility of having the City acquired it.
Cm.
Bruni mentioned that there has been discussion about moratoriums in the
immediate area. He stated that if
nothing is done now the City Council would just be creating another problem for
the future.
4. Status report on the
purchase of homes by our Noise Abatement Project, with
possible action.
Cm.
Bruni stated that our Community Development Director has aggressively pursued
this issue, in particular, as to the purchase of homes that have been impacted
by noise pollution problems. He wants
to be appraised of where the city stands in the acquisition of homes as well as
the acquisition of avigational easements and the money that is still available
for this project.
Erasmo
Villarreal, Community Development Director, provided an update on the
program. He mentioned that to date,
they have 72 participants who want to become involved in the acquisition
program. They have had 52 families
that have participated with litigation easement and 10 families have chosen the
acoustical treatment program. They have
completed the acquisition of 53 units and have completed the avigational
easements for 28 families, and have initiated the sound proofing under the
acoustical program. They have 19
families in the process of securing fee simple acquisition, 24 families are
also in the process for the avigational
easement, and an additional nine families who are going to participate in the
acoustical treatment program. The
expenditures undertaken have totaled to approximately $7.9 million dollars out
of $10 million dollars that they had allocated to start the program. He reported that this leasing program,
which was initiated 30 days ago, has expanded quickly. He stated that Laredo Municipal Housing
Corp. has enough applicants right now to lease all remaining units. What the agency is doing is taking deposits on the units and getting them completed to
place them on the market as soon as they can get the units ready.
Cm.
Bruni inquired whether the department is anticipating additional funding for
the program.
Erasmo
Villarreal replied that they are anticipating being awarded an additional $2.5
million dollars from the Federal Aviation Administration to continue this
program. He mentioned that part of what
Jose Flores, Airport Director, is doing is securing additional funds for the
Part 150 to secure additional acquisition of vacant land north and around
different parts of the airport.
Cm.
Amaya inquired whether there are plans for a Phase II for soundproofing.
Erasmo
Villarreal replied that those plans are in the works once they finish with the
first 20 homes.
Cm.
Bruni mentioned that two property owners had given an avigational easement to
the City of Laredo and had received their 8 % of the valuation for the property
and later became dissatisfied with their decision. He inquired whether the City of Laredo could refund the money and
then have the City buy them out.
Erasmo
Villarreal stated that it is possible and that he would be willing to speak to
the two property owners if he chooses to furnish him with their names.
C. Request by Council Member John C. Galo
1.
Discussion on the traffic congestion on Bridge II, with possible action.
Rafael
Garcia, Bridge Director, reported that the traffic congestion is due to the
flow of traffic coming off of IH-35 unto the bridges and the heavy traffic flow
from the cross streets heading right unto IH-35. He stated that unless those issues are addressed, this problem is
not going to disappear. He stated that
the toll booth inspectors at the bridge average between eight to ten seconds to
process each vehicle. He mentioned that
the long lines subsided when they moved the trucks to Bridge IV, but those gaps
were quickly filled with vehicular traffic.
Cm.
Galo suggested that there needs to be a point farther north of the present
location where the five lanes merge into three lanes in order to accommodate
the traffic that is building up as motorists attempt to reach the bridge.
Larry
Dovalina, City Manager, stated that in addition, the Bridge Department is also
attempting to promote the Easy Tag for motorists, in particular the daily
commuters, in order to facilitate quick travel time through the bridge
lanes.
2.
Staff report on any potential sales and /or lease of the former Mercy
Hospital
property.
Cynthia
Collazo, Assistant City Manager, has contacted the current owner, Carlos
Carranco, and he has not indicated whether he would be willing to sell or
develop that property at this time. He
stated that he did have two firms come and visit and take a look at the
property but there are no firm prospects being considered. He is looking at another option and that is
that the property be converted for use as a Veterans home or perhaps some type
of assisted residential living. He
indicated to the City that he has not made any final decision as to what he
will do.
D.
Request by Council Member Eliseo Valdez, Jr.
1. Discussion with
possible action on how to develop a tool or amend an existing
ordinance to give our enforcement officials the authority to deal
with what is perceived as a growing problem in our community. There are several groups of people using
empty lots in residential areas as junkyards.
They buy wrecked cars at auctions, and then they bring them into these
residential areas, that are used as temporary staging areas before transporting
them over to Mexico. At times we even
have tractors, and at times they dismantle these vehicles, creating eyesores
and junkyards. Some of these lots are
owned by people in Mexico, which makes it hard for us to get them to comply
with our existing ordinances.
Cm. E. Valdez, Jr. inquired as to what could be done with the
existing ordinances in order to give Zone Enforcement Officers more authority.
Larry Dovalina, City Manager, stated that those vehicles in
overnight staging areas can be addressed by prohibiting the overnight parking
in those areas and have them towed away.
Police Chief Agustin Dovalina stated that the vehicles abandoned
on a right-of-way are taken care of by the Laredo Police Department. Once they are tagged by a police officer,
the vehicle owner has 72 hours to remove the vehicle or it will be towed
away. He mentioned that the problem
involving vehicles parked in private residential lots is a different
story. In those situations, code
enforcement officers should be able to address that problem.
Cm. Galo inquired whether the city could amend an ordinance to
allow for some remedy wherein the city could fine the property owner for a
repeated number of violations.
Larry Dovalina, City Manager, stated that city staff would look
into changing the existing ordinance to be able to address this continuous
violation.
Cm.
E. Valdez, Jr. requested a follow-up report in the next two to three months to
see whether something could be done about this situation.
2. Request for a traffic
study at the intersection of Marcella and Bustamante, due to
the high incidence of accidents; to be followed by recommendation
from the Traffic Department on what could be done to help remedy the problem.
Roberto Murillo, Traffic Department Director, reported that they
have done a preliminary study of the location.
Based on his department’s assessment, he noticed that there was no
visible obstruction at the intersection that would support the high incidence
of accidents. He mentioned that there
could be minor accidents that go unreported and that is why they are not aware
of them.
E. Request by Council Member Jose A. Valdez, Jr.
1. Discussion with
possible action on giving Officer Jose Luis Ramos an extension
of one (1) year with
pay for injury leave.
Officer
Ramos made reference to a letter addressed by Administrative Services
Department dated December 21, 2000, which allows Officer Ramos one of two
options. He can either petition City
Council to extend his injury leave with pay or he can apply for disability
retirement benefits.
Mayor
Flores commented that the City Council is authorized to extend his injury leave
with pay. She stated that the City
Council would require an assurance from Officer Ramos that he can indeed return
to work following the year extension.
She also mentioned that Officer Ramos might consider the second option
which allows for payment of disability retirement benefits. Mayor Flores posed the question to Officer
Ramos whether he believes that he will be returning to work in a year.
Officer
Ramos replied that that is his intention.
Dan
Migura, Administrative Services Department Director, provided a history of the
particulars in connection with this employee request. He mentioned that Officer Ramos has been with the City of Laredo
for 26 years, 3 months. He was injured
on August 12, 1999, as a result of lifting some boxes. He further stated that the extent of his
injury has created some concerns for the employee as far as being able to
return to work at this time. He
continued on full pay status and injury leave with pay up until November 16,
2000, at which time the City of Laredo fulfilled its requirement of paying out
one year of additional pay in keeping with the Local Government Code
provisions. Additionally, he has been
receiving workers’ compensation payments which total about 75 % of his
pay. He stated that in order for the
City of Laredo to continue to reimburse an eligible employee at 100 % would
require that the employee return the 75 % to offset some of the expenditures
covered on those injuries. He was
placed under the Return to Work program and Officer Ramos did return to work
with modified duty for approximately 60 days which is the standard time in
place for the modified duty program.
The
Administrative Services Department received a letter from Dr. Cantu on February
2, 2001, stating that Officer Ramos can no longer perform the duties required
of a police officer. Mr. Migura
commented that the City has no reason to believe that this prognosis will
change. He further stated that Officer
Ramos has also received an impairment rating from the workers’ compensation
group which indicates that he is not fully capable of carrying out peace
officer duties as required. He is
currently exhausting his own leave time working through both his sick leave and
annual leave accruals. He has
approximately 21 ½ days of leave remaining according to personnel records. Mr. Migura stated that he has spoken to City
Manager Larry Dovalina and Assistant City Manager Cynthia Collazo and following
exploration of all possibilities, the consensus would be for Officer Ramos to
consider one of several options: 1) to
look for employment, other than civil service employment, in a different
department; 2) to consider applying for retirement since he is eligible for
regular retirement following 26 years and 3 months of service with the City; 3)
to pursue disability retirement being that it would be beneficial because he
may qualify for Social Security disability benefits as well; or 4) for City
Council to extend this injury leave for an additional period of time. Mr. Migura is recommending that City Council
should make some type of provision at this time because Officer Ramos is
looking at 21 ½ days remaining of leave with pay. His recommendation would be to provide for one to three months
and that would allow him to pursue the retirement option and not have any kind
of break in income.
Mayor
Flores stated that the reason for Cm. J. Valdez, Jr. bringing this item up for
discussion is because Officer Ramos does not want to pursue any of the options
that have been proposed.
Cm.
J. Valdez, Jr. inquired as to the doctor’s assessment on Officer Ramos’
injuries and what was the basis for the doctor making this prognosis of
continued disability.
Officer
Ramos mentioned that his doctor does not concur with the City of Laredo
policy. He stated that the doctor did
designate a 5 % impairment with restrictions.
He further stated that his doctor did authorize his return to work, but
the Risk Management Department did not approve the request to return to work
due to the restrictions imposed. He
spoke to his doctor on this matter who stated that he has not had adequate time
for his injuries to improve. He also
commented that he was placed under modified duties at the beginning when his
injuries were recent. He believed that
this modified duty should have been assigned toward the end of the year rather
than at the beginning of the year.
Motion that the City extend one additional year of injury leave
with pay to allow Officer Ramos the additional time needed for full recovery.
Moved: Cm. J. Valdez, Jr.
Second: Cm. Amaya
For: 8 Against: 0 Abstain: 0
Cm. Galo recommended that this additional pay be approved for a shorter
period of time. He agreed with Mr.
Migura’s suggestion which would require that the doctor provide the City of
Laredo with feedback to ensure that the Administrative Services Department and
the doctor are in agreement as to the most favorable arrangement for this
employee.
Larry Dovalina, City Manager, recommended that the Administrative
Services Department request another doctor’s opinion and to tie this in to the
motion that there be some reasonable expectation that the officer will be able
to return to work. At the moment, there
is a question whether he will, after taking off another year, be able to return
to work. He also recommended that the
officer undergo another examination by a different doctor.
Cm. J. Valdez, Jr. amended his motion to make it six months and
after the six-month interval, it will be reviewed by City Council once more and
to have another doctor examine his injuries.
Moved: Cm. Valdez, Jr.
Second: Cm. Amaya
For: 8 Against: 0 Abstain: 0
Motion to have Officer Ramos’ sick leave and annual leave restored
as of December 23, 2000, to the present.
Moved: Cm. Valdez, Jr.
Second: Mayor Pro Tempore
Guerra
Cm. Galo inquired as to what action will be taken should,
following the six-month extension, the doctor determines that he is still
physically impaired and he does not release Officer Ramos for return to full
duty.
Larry Dovalina, City Manager, stated that the City Council should
explore the legality of this request for restoration of sick leave and injury
leave.
Cm. Valdez, Jr. withdrew his motion pending review by City
Manager’s staff to explore the legality of such a request.
F. Request by Council Member Juan Ramirez
1. Discussion with
possible action regarding the brush clean up by the river, mainly
between Main Ave. and
San Francisco Ave.
Cm.
Ramirez mentioned that this area was never cleared of cut tree limbs and brush
and is susceptible to fires. He
mentioned that city crews went out there years ago to cut those branches but
they never did remove them.
Erasmo
Villarreal, Community Development Director, reported that this area does not
have a private owner -- it is city-owned property.
Larry
Dovalina, City Manager, mentioned that one and one-half years ago, the City of
Laredo had a problem with a sewer leak coming in through a drainpipe. The area was cleared, several trees were
cut, and branches were picked up by a city crew. He stated that 120 tons of debris was picked up from that
area. He mentioned that the City is in
the process of putting up a retaining wall on the backside of Water St. so that
the whole bank on the north side does not come down.
Mayor
Flores inquired whether the department is planning to have the retaining wall
set up to be aesthetically pleasing.
She does not want something that will look unattractive for the area
residents.
Riazul
Mia, Environmental Services Department, stated that the problem with the
dumping is that the City of Laredo does not have enough enforcement personnel
to issue citations.
2. Discussion with
possible action to install sidewalks at the 1800 - 1900 blocks of
San Francisco Ave. on
the east and west sides of the street.
Rogelio
Rivera, City Engineer, stated that his department has taken a cursory survey of
the area and they will be working toward installing sidewalks in that
area. He stated that there is a list
being compiled for this coming year by Erasmo Villarreal, Community Development
Director. They also have four contracts
that are coming in on February 20, 2001, for an award on sidewalk
projects. He stated that these blocks
could be placed on the new list or perhaps added on as a change order to the
existing list if so directed. He
mentioned that the cost involved is approximately $34,000.00.
Motion
to approve these blocks for sidewalk installation and to secure the necessary
funding for it.
Moved: Cm. Ramirez
Second: Mayor Pro Tempore Guerra
Mayor
Flores stated that a motion was not necessary and that these blocks would be
added to the sidewalk project list.
IX. INTRODUCTORY ORDINANCES
4. An ordinance
authorizing the City Manager to execute a lease with Laredo Webb County
American Red Cross for approximately 491 square feet constituting
Suite No. 2 of Building No. S-1 located at 1718 E. Calton Road at the Laredo
International Airport. Lease term is
for one (1) year commencing on February 1, 2001 and ending on January 31, 2002,
and may be extended for one (1) year ending on January 31, 2003. However, it is agreed by the parties that the
lease may be terminated by either party on not less than thirty (30) days'
written notice from the party terminating to the other. Monthly rent shall be $315.00 and will be
adjusted annually during the primary and extension term of this lease according
to changes in the Consumer Price Index; providing for an effective date.
Ordinance Introduction:
City Council
5. An ordinance
authorizing the City Manager to execute a lease with FedJones, L.L.C., for
Tract 8 of the Subdivision Plat of the Laredo Passenger Terminal
Subdivision containing approximately 2.82 acres at the Laredo International
Airport. Lease term is for forty (40)
years commencing on March 1, 2001 and ending on February 28, 2041. Monthly rent shall be $1,740.25 and will be
adjusted annually according to changes in the Consumer Price Index not to
exceed 2.5% per year and further adjusted at every 10th anniversary by Fair
Market Value appraisal; providing for an effective date.
Ordinance Introduction:
City Council
6. An ordinance authorizing
the City Manager to execute a lease with Region One
Education Service Center for approximately 4,234 square feet
constituting Building No. 1054 located at 4812 North Bartlett Avenue at the
Laredo International Airport. Lease
term is for one (1) year commencing on February 1, 2001 and ending on January
31, 2002, and may be extended for one (1) year ending on January 31, 2003.
However, it is agreed by the parties that the lease may be terminated by either
party on not less than thirty (30) days' written notice from the party
terminating to the other. Monthly rent
shall be $3,960.00 and will be adjusted annually during the primary and
extension term of this lease according to changes in the Consumer Price Index;
providing for an effective date.
Ordinance Introduction:
City Council
7. An ordinance
authorizing the City Manager to execute a lease with Region One
Education Service Center for Tract 2, Block 9 of the Subdivision
Plat of Laredo Airport containing approximately 10,562 square feet constituting
Building No. 979 located at 4717 Daugherty Avenue at the Laredo International
Airport. Lease term is for one (1) year
commencing on December 1, 2000 and ending on November 30, 2001. However, it is agreed by the parties that
the lease may be terminated by either party on not less than thirty (30) days'
written notice from the party terminating to the other. Monthly rent shall be $4,525.00; providing
for an effective date.
Ordinance Introduction:
City Council
8. An ordinance amending
the City of Laredo Code of Ordinances, Chapter 28, Article III,
Division 2, entitled Rental Rates for Facility, Personnel and
Equipment; specifically §28-86, definitions by clarifying, adding and deleting
terms; also §28-87, Rates and Fees, by increasing rental rates for Civic Center
Facilities and equipment, and establishing rates for the Auditorium Lobby,
grounds, rehearsal and move-in/move-out activities, and merchandise sales;
providing for severability and effective date.
Ordinance Introduction:
City Council
X. FINAL READINGS OF ORDINANCES
Internet available:
//wwwcityoflaredo.com
Motion to waive the final reading of ordinances 2001-O-030,
2001-O-031, 2001-O-032, 2001-O-033, 2001-O-034, 2001-O-035, 2001-O-036,
2001-O-037 and 2001-O-039.
Moved: Cm. Bruni
Second: Cm. Galo
For: 8 Against: 0 Abstain: 0
9. 2001-O-030 Amending the Zoning Ordinance (Map) of the
City of Laredo by
authorizing the issuance of a Special Use Permit for a plug back
and recompletion of Richter No. 1 gas well on 2.0 acres, as further described
by metes and bounds, located north of Masterson Rd. and west of Hwy. 83;
providing for publication and effective date. (As Amended) (Council Member Alfredo Agredano)
Motion to adopt Ordinance # 2001-O-030.
Moved: Cm. Bruni
Second: Cm Galo
For: 8 Against: 0 Abstain: 0
2001-O-031 Amending the Zoning Ordinance (Map) of the
City of Laredo by
authorizing the issuance
of a Special Use Permit for a plug back and
recompletion of Ervin #1
gas well on 3.0 acres, as further described by
metes and bounds,
located south of Riverhill Drive and west of Hwy. 83;
providing for
publication and effective date. (As Amended)
(Council
Member Louis H. Bruni)
Motion to adopt Ordinance # 2001-O-031.
Moved: Cm. Bruni
Second: Cm. Galo
For: 8 Against: 0 Abstain: 0
2001-O-032 Amending the Zoning Ordinance (Map) of the City of Laredo by
authorizing the issuance of a Special Use Permit for a plug back
and recompletion of H.B. Zachry Unit #2 gas well of 5.0 acres, as further
described by metes and bounds, located east of Hwy. 83 and south of Southgate
Blvd.; providing for publication and effective date. (As Amended) (Council Member Louis H. Bruni)
Motion to adopt Ordinance # 2001-O-032.
Moved: Cm. Bruni
Second: Cm. Galo
For: 8 Against: 0 Abstain: 0
2001-O-033 Amending the Zoning Ordinance (Map) of the City of Laredo by
authorizing the issuance of a Conditional Use Permit for an Adult
Day Care Center on Lots 4, 5 and 6, Block 794, Eastern Division, located at
1419 Market St.; providing for publication and effective date. (As Amended)
(Council Member John C. Galo)
Motion to adopt Ordinance # 2001-O-033.
Moved: Cm. Bruni
Second: Cm. Galo
For: 8 Against: 0 Abstain: 0
2001-O-0034 Amending the Zoning Ordinance (Map) of the City of Laredo by
rezoning
Lot 1, Block 1, Eagle Ridge Subdivision, located on the northeast
corner of Country Club Dr. and McPherson Rd., from RSM (Residential Suburban
Multi-Family District) to R-2 (Multi-Family Residential District); providing
for publication and effective date. (Mayor Pro-Tempore Joe A. Guerra)
Motion to adopt Ordinance # 2001-O-034.
Moved: Cm. Bruni
Second: Cm. Galo
For: 8 Against: 0 Abstain: 0
2001-O-035 Amending the Zoning Ordinance (Map) of the City of Laredo by
rezoning
3.206 acres, as further described by metes and bounds, located on
the southwest corner of Bartlett Ave. and Jacaman Rd., from R-1 (Single Family
Residential District) to B-3 (Community Business District); providing for
publication and effective date. (As
Amended) (Council Member John C. Galo)
Motion to adopt Ordinance # 2001-O-035.
Moved: Cm. Bruni
Second: Cm. Galo
For: 8 Against: 0 Abstain: 0
2001-O-036
Amending sections of the Laredo Land Development Code pertaining to
manufactured housing,
specifically Section 24.63.3, Non-Conforming Uses
or Buildings; Section
24.63.2, Permitted Uses; Section 24.65.7, R-3 Mixed
Residential District;
Section 24.65.6, R-1 MH Single Family Manufactured
Housing District;
Section 24.77.1, Dimensional Standards; Section 24.93.2,
Manufactured Housing
Park; and Appendix A; providing for publication
and effective date. (As Amended) (City Council)
Motion to adopt Ordinance # 2001-O-036.
Moved: Cm. Bruni
Second: Cm. Galo
For: 8 Against: 0 Abstain: 0
2001-O-037 Amending Subsection 24-84.5(a) Exceptions, of Section 24.84
Sidewalk
Standards of the Laredo Land Development Code; providing for
publication and effective date. (City
Council)
Motion to adopt Ordinance # 2001-O-037.
Moved: Cm. Bruni
Second: Cm. Galo
For: 8 Against: 0 Abstain: 0
2001-O-039 Amending Chapter 19, Motor Vehicle and
Traffic, Article VIII. Stopping,
Standing or Parking of
the City of Laredo Code of Ordinances, specifically
creating Section 19-361
Parking Meters. Secured Controlled Access
Parking Lots and Section
19-362, Parking Lot Rates and Hours of
Operation and providing
for publication and effective date. (City Council)
Motion to adopt Ordinance # 2001-O-039.
Moved: Cm. Bruni
Second: Cm. Galo
For: 8 Against: 0 Abstain: 0
XI. RESOLUTIONS
10. 2001-R-010 A resolution authorizing the issuance of a
permit for a plug back and
recompletion of Ervin #1A gas well on 3.0 acres, as further
described by metes and bounds, located south of Riverhill Dr. and west of Hwy.
83.
Motion to approve Resolution 2001-R-010.
Moved: Cm. Bruni
Second: Cm. Agredano
For: 8 Against: 0 Abstain: 0
11. 2001-R-011 A resolution urging the U. S. Department of
Transportation and the
Federal Aviation Administration to re-designate the Laredo
International Airport for participation in the Military Airport Program (MAP)
for a subsequent five-year period commencing during FY 2001 and authorizing the
City Manager to submit an application for re-designation.
Motion to approve Resolution 2001-R-011.
Moved: Cm. Bruni
Second: Cm. Agredano
For: 8 Against: 0 Abstain: 0
12. 2001-R-012 A resolution authorizing the use of surplus
proceeds from the City of
Laredo - Public Property Finance Contractual Obligations (PPFCO),
Series 2000, in the amount of $4,812.00 for the purchase of a Hurst Airbag
Rescue System. This equipment will be
assigned to the new ambulance recently activated for Fire Station No. 11.
Motion to approve Resolution 2001-R-012.
Moved: Cm. Bruni
Second: Cm. Agredano
For: 8 Against: 0 Abstain: 0
13. 2001-R-013 A resolution supporting the Texas Airport
Management Association in its
efforts to increase State of Texas funding for airport development
and urging the 77th Legislature of the State of Texas to appropriate the sum of
$20.0 million to be used by the Texas Department of Transportation to make
loans to airport sponsors in the State of Texas as authorized by Chapter 21 of
the Texas Transportation Code.
Motion to approve Resolution 2001-R-013.
Moved: Cm. Bruni
Second: Cm. Agredano
For: 8 Against: 0 Abstain: 0
14. 2001-R-015 A resolution authorizing the issuance of a
permit for a plug back and
recompletion of Richter No. 1 gas well on 2.0 acres, as further
described by metes and bounds, located north of Masterson Rd. and west of Hwy.
83.
Motion to approve Resolution 2001-R-015.
Moved: Cm. Bruni
Second: Cm. Agredano
For: 8 Against: 0 Abstain: 0
15. 2001-R-016 A resolution authorizing the issuance of a
permit for a plug back and
recompletion of H.B. Zachry Unit #2 gas well on 5.0 acres, as
further described by metes and bounds, located east of Hwy. 83 and south of
Southgate Blvd.
Motion to approve Resolution 2001-R-016.
Moved: Cm. Bruni
Second: Cm. Agredano
For: 8 Against: 0 Abstain: 0
XII. MOTIONS
16. Consideration to
authorize the purchase of two police interceptors for the Police
Department through the Houston Galveston Area Council of
Governments (HGAC) - Cooperative Purchasing Program, in the amount of
$42,267.63. These vehicles will be assigned
to the Laredo Multi-Agency Narcotics Task Force. Delivery of these two vehicles is expected within thirty
days. Funding for the purchase of these
vehicles is available from the Police Narcotics Grant Fund.
Motion to approve.
Moved: Cm. Bruni
Second: Cm. Agredano
For: 8 Against: 0 Abstain: 0
17. Consideration to award
a contract to the SOLE PROVIDER, Timesoft, Long Beach,
CA., in the total amount of $24,270.00, for providing automated
time recorder equipment and software.
The City is currently utilizing this system for City Hall, Health
Department, and Bridge System personnel and is expanding the use of automated
time recording for the Public Works Service Center, Solid Waste Center, and
Utilities Department sites. Funding is available
in the respective department's budgets.
Motion to approve.
Moved: Cm. Bruni
Second: Cm. Agredano
For: 8 Against: 0 Abstain: 0
18. Consideration to award
contract number FY01-025, to TechTel Communications d/b/a
Laredo Telephone Company, Laredo, Texas, in the estimated amount
of $30,000.00, for providing long distance service for all city
departments. The contract will be for a
period of two years. TechTel
Communications is offering a competitive rate structure, easy access for
international calls, an account code structure, and the ability to service the
City locally. The new rate structure
will result in savings of up to 50% to 60% from our current domestic and
international rate structure. Funding
is available in the Communications line item budgets for the respective
departments.
Motion to approve.
Moved: Cm. Bruni
Second: Cm. Agredano
For: 8 Against: 0 Abstain: 0
19. Consideration to award
contract number FY01-026, a twelve-month office supply
contract to the LOW BIDDERS, Executive World, Laredo, Texas and
Office Depot, Laredo, Texas for providing general office supplies for all city
departments. This contract is based on
the lowest cost format utilizing a published price for city orders. Department will be able to order from the
vendor's general catalogues. Funding is
available in the office supply line item budgets for the respective
departments.
Motion to approve.
Moved: Cm. Bruni
Second: Cm. Agredano
For: 8 Against: 0 Abstain: 0
20. Consideration to award
contract number FY01-046, to the SOLE BIDDER, Library
Interiors of Texas, Bastrop, Texas, in the amount of $19,858.60,
for the purchase and installation of twenty, furniture workstations for the
Main Library. Funding is available in
the Library budget.
Motion to approve.
Moved: Cm. Bruni
Second: Cm. Agredano
For: 8 Against: 0 Abstain: 0
21. Consideration to award
contract number FY01-048, to the LOW BIDDER, Hillside
Nursery, Laredo, Texas, in the estimated amount of $105,000.00,
for providing monthly mowing and maintenance of the Zacate Creek areas from
Meadow and Canal Streets to the mouth of the river. This includes the collection of trash, debris, rubbish and other
floatable materials along the creek.
The contract will be monitored by the Engineering Department's -
N.P.D.E.S. Division. Funding is
available in the N.P.D.E.S. Budget.
Motion to approve.
Moved: Cm. Galo
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
22. Consideration to award
construction contract number FY01-044, to the LOWEST
RESPONSIBLE BIDDER, Air Weld Inc., of Laredo, Texas, in the amount
of $34,876.00 for The Sacred Heart Children's Home Rehabilitation located at
3310 South Zapata Highway. The major
work to be done consists of the installation of 131 2'X4' fluorescent light
fixtures and the construction of 24 closets.
Funding is available from Emergency Shelter Grant funds from the 25th
Action Year - Community Development Budget.
Motion to approve.
Moved: Cm. Galo
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
23. Consideration for
approval of final Change Order No. 1, an increase of $7,437.00 for
the balance of quantities actually constructed in place,
acceptance of the Zacate Creek Beautification Project Phase II and approval of
final payment in the amount of $22,071.40 to Ramos Industries, Inc., Pasadena,
Texas. Final contract amount is
$153,781.00. Funding is available in
the Community Development 24th Action Year CD Projects/Zacate Creek Park.
Motion to approve.
Moved: Cm. Galo
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
24. Consideration to
approve amendment no. 1 an increase of $24,000.00 to the
engineering contract with Brown & Root, Inc., Houston, Texas,
for the Laredo International Bridge I Strengthening Project for additional
engineering services to design and prepare plans and specifications for removal
of the existing roadway asphalt, structural inspection of the concrete
sub-surface slab and overlay with concrete the US side of the Bridge II. Funding is available in the Bridge System
Purchased Professional Services.
Motion to approve.
Moved: Cm. Galo
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
25. Consideration to award
a construction contract to the SOLE BIDDER Cutler
Construction Co., Lawrence, Kansas, in the amount of $315,329.70
for the 2000-2001 Street Recycling Project (133.5 Blocks). Funding is available in the Capital
Improvement Fund Street Materials/Cutler Repaving.
Motion to approve.
Moved: Cm. Galo
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
26. Consideration to
authorize the City Manager to execute a Development Agreement and
an Operating Agreement with Arena Ventures, L.L.C., related to the
Laredo Entertainment Center.
Mr. Carl Hirsch, with Stafford Sports, reported on the status
changes to the contract based on input
provided from Council Members at last Thursday’s meeting.
Motion to approve.
Moved: Cm. Bruni
Second: Cm. Galo
For: 7 Against: 1 Abstain: 0
Cm. Ramirez
27. Consideration to
authorize the City Manager to enter into a contract agreement with the
Texas Department of Transportation for the Weigh-in-Motion Project
on Bridge IV and Colombia Bridge. The
U.S. Congress and the Federal Highway Administration approved $1,000,000.00 in
Discretionary Funds through the FY 2000 Border-Corridor Discretionary Program.
Motion to approve.
Moved: Cm. E.
Valdez, Jr.
Second: Cm. Agredano
For: 8 Against:
0 Abstain: 0
28. Consideration to
approve a five-year professional service contract with First Southwest
Asset Management Company to perform the arbitrage rebate
calculations services for all of the City's tax-exempt bond issues. Pursuant to provisions of Section 148(f)(2)
of the Internal Revenue Code of 1986 the City is required to determine whether
or not a rebate of investment earnings will be required to be made to the
United States of America in connection with the sale and delivery of tax-exempt
bond issues. Contract may be terminated
with or without cause by either party upon thirty days' notice. Funding for the fees will be funded from
interest earnings of the respective bond issues.
Motion to approve.
Moved: Cm. E.
Valdez, Jr.
Second: Cm. Agredano
For: 8 Against:
0 Abstain: 0
29. Consideration to amend
a contact with Laredo Development Foundation for economic
development services to include governmental relations and
legislative services for fiscal year 2000-2001 for an amount not to exceed
$72,400.00. The total amount of the
contract will be $357,400.00. Funding
is available in the General Fund.
Motion to approve.
Moved: Cm. E. Valdez, Jr.
Second: Cm. Agredano
For: 5 Against: 4 Abstain: 0
Cm. Agredano Cm. Bruni
Cm. Amaya Cm. Galo
Cm. E. Valdez,
Jr. Cm. J.
Valdez, Jr.
Mayor Pro Tempore Guerra Cm. Ramirez
Mayor Flores voted in favor to break the tie.
XIII. STAFF REPORT
30. Presentation by Frank
Architects, Inc. on the Gateway to the Americas Bridge (Bridge
I) Access, Export
Lot & Parking Lot Modifications.
Frank Rotnofsky, from Frank Architects, Inc., gave a presentation
on the status of the project highlighting major items of improvements. He stated that the project is a critically
important starting point serving as an opportunity to redevelop the riverfront
and take back our heritage. The
fundamentals for this project takes into account the countless pedestrians that
cross in front of vehicles trying to reach Bridge I. Their perspective includes separating people from the vehicular
traffic through a new pedestrian route as they walk toward Bridge I. The parameters for this project cover the
area east of the U.S. Customs House to Santa Maria Ave. and working from Juarez
Ave. down to the area in front of Los Dos Laredos Park.
31. Presentation of the
1999-2000 Comprehensive Annual Financial Report (CAFR)
prepared by the City of Laredo's Financial Services Department and
audited by the independent audit firm of Garza, Martinez, & Co., P.L.L.C.
Raul Garza, from Garza, Martinez, & Co., P.L.L.C., made the
presentation before City Council. He mentioned that the City exceeded the
expected operational performance.
Larry Dovalina, City Manager, commended the firm for the
exceptional work done and the expediency with which they completed the auditing
work. He further stated that on the
city’s fund balances, the City of Laredo did increase its General Fund up to
$12,267,000.00 reflecting a 3% increase.
He also noted increases in other city funds. The Special Revenue Fund
increased by $1,000,000.00; the Debt Service Fund increased by $144,000.00; the
Enterprise Fund increased by $31,000,000.00; the city’s Trust and Agency
accounts increased by $7,000,000.00; the General Fixed Asset account increased
by $20,000,000.00. He concluded that
all these increases reflect a total positive fund balance increase of over
$60,000,000.00.
Rosario Cabello, Finance Director, stated that the annual report,
which is performed by an independent certified public accounting firm, is
forwarded to City Council, governmental entities, rating agencies, City
department directors and the general public.
She added that the Comprehensive Annual
Financial Report consists of the following
parts:
1. The Introductory Section which include the
transmittal letter.
2. The Financial Section.
3. The Statistical Section.
4. The Single Audit Section.
Motion
to accept the 1999-2000 Comprehensive Annual Financial Report.
Moved: Mayor Pro Tempore Guerra
Second: Cm. E. Valdez, Jr.
For: 8 Against: 0 Abstain: 0
32. Presentation by the
City Manager on the Economic Feasibility and Impact Study
conducted by McCray
Research regarding a Fifth International Bridge Crossing.
Ronnie Acosta, Grants Administrator, stated that the firm of
McCray Research compiled an independent analysis addressing the issues related
to the current level of service at Laredo’s four bridges; the viability of the
fifth bridge; the impact on the local bridge system and the local economy; and
the pros and cons of a Laredo & Webb County joint fifth bridge
sponsorship.
There are four major points in the study that are
highlighted. One is that, based on the
analysis of peak bridge traffic, it is evident that another bridge is necessary
to accommodate the projected traffic increase in future years. The study currently estimates delays to be
at 20 minutes and these delays are projected to go to 30 minutes by 2004, and to
40 minutes by 2006. The study stressed
that infrastructure development would be less costly and it would be easier to
plan in terms of infrastructure if the bridge would be nearer to the outer
loop. In terms of revenues, it noted
that the new facility would take time to reach a point where revenue streams
from the facility are able to fully meet the bond repayment schedule without
support from the bridge system itself.
In terms of joint partnership, the study noted that the joint
partnership shares the costs but not necessarily the risks. The revenue sharing that would emerge from a
city-county sponsorship may not necessarily reflect the true financial
contributions of each of the parties.
Also, that a city-county partnership would provide for a more complicated
system of administration and operations.
Larry Dovalina, City Manager, read a memo dated February 3, 2001,
from Peter M. Tart, Bond Attorney, related to the issue of outstanding revenue
bonds:
This memo is in response to your question as to the construction
of a Joint Laredo Fifth Bridge between the City and the County. The City has an International Toll Bridge
System (“System”) in which all four of the bridges of the City of Laredo are a
part of the System. In addition, the
City has covenanted that it will not permit the acquisition, construction or
operation of a competing bridge with the City’s System. Consequently, the City could not participate
in a joint City-County Toll Bridge which would be in competition with the
existing System as long as the System has outstanding bond indebtedness.
The City refunded all of its outstanding Toll Bridge System
Revenue Bonds in 1966 in order to provide that additional toll bridges may be
financed through the State of Texas or the United States of America by which
title to those bridges may actually be with the State or Federal
Government. The SIB loan with TxDot was
financed through the System in accordance with this revised definition of
System. The SIB loan with TxDot is
payable from the surplus revenues of the Bridge System. The definition of “System” would not permit
the joint ownership of a bridge with the County. In addition, Chapter 367 of the Transportation Code would need to
be specifically amended to permit the City to enter into contracts with the
County.
In reviewing the current Bond Ordinances and state law, it would
indicate that the City and the County could not have a formal relationship as
to joint ownership of the fifth bridge.
However, an interlocal government contract might be able to be developed
in reference to a proviso regarding surplus revenues of the System after the
necessary payments to TxDot and to the City of Laredo.”
Cm. E. Valdez, Jr. inquired whether we are considering designating
this bridge as a commuter bridge or a commuter/commercial bridge.
Cynthia Collazo, Assistant City Manager, replied that the city is
looking at pedestrian and non-commercial traffic. The federal agencies have already stated that they have invested
a great deal of money in the World Trade Bridge, and, therefore, they are not
willing to support another bridge for commercial traffic.
Mayor Flores mentioned that there was a stipulation that was
discussed in planning for the fifth bridge that stated it would be completely
pedestrian and non-commercial until that time when the city might find it
necessary to consider it for commercial use.
She stated that whether this City Council works toward that end or it
falls on some City Council in the future, the City has to be sure this bridge
is set up for commercial traffic to avoid the distressing situations that
developed on Bridges I and II.
Larry Dovalina, City Manager, stated that the areas that are being
considered are relatively undeveloped so this would not be an issue as far as
acquisition of land is concerned.
Mayor Flores stated that she liked the comments in the study that
stated: If you are going to divert
traffic from Bridges I and II, then the vehicular traffic that crosses for
tourism, shopping, etc., needs to be closer in proximity to the inner
city. She commented that this is an
important point that City Council did not consider.
Larry Dovalina stated that there are two different population
bases, both in Rio Bravo and El Cenizo, that are potential users of the bridge
and in that respect it would be reaching a different population center. He reminded City Council that in terms of
the amount of time it would take to construct a new bridge, it is important to
keep in mind that selection of a site that is too close to the population base
would create the same issues that the City is seeking to avoid. He mentioned a number of projects that are
in the works, i.e., Mangana Hein Road, the new Laredo Community College campus,
the Cielito Lindo development, which will accelerate growth in that area.
Motion to accept the Economic Feasibility and Impact Study by
McCray Research and to instruct staff to proceed with the filing and
preparation of the necessary documentation to apply for the bridge permit.
Moved: Cm. Agredano
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
Mayor Flores added that the City Manager should schedule a
presentation before Webb County to make them aware of the decisions made by the
City Council.
33. Presentation by Olga
Maldonado, for American Electric Power on the maintenance of
streetlight and
current Senate Bill 7 status on competitive services (i.e. Streetlights).
Olga Maldonado, General Manager of Community Services for American
Electric Power, made a presentation on the repair and replacement of
streetlights and current Senate Bill 7 status on competitive services.
She mentioned that the City has been working with them in
identifying streetlights that are out and processing those requests through the
service department. One task that has
not been done is heighten awareness of people reporting lighting problems. Also, a topic of discussion among the
managers has been the company’s need to identify the phone numbers for
designation as Spanish-speaking service lines on the public access channel and
the radio stations as well. She also
provided City Council with an update on lighting maintenance and their
procedures for identifying lighting into different categories. She mentioned that they are allowed to
provide lighting for institutions such as cities, counties, and universities as
well as residential customers. She also
stated that they have been asked as of September of last year to stop providing
lighting for any new customers and for all existing customers they are required
to phase out by January, 2002. The main
purpose for her coming before City Council is to ask for a five-year extension
on the existing customers being that they have numerous customers and need
additional time in order to phase out of that market. At this point in time, they still do not have a Public Utility
Commission approval on the current discussions. Their discussions have basically all of the intervenors signing
off with the exception of the cities’ group which the cities have indicated
they do not oppose. The point where
they find themselves at is that they will continue to provide lighting for
existing customers. By the middle of
next year, they will do an inventory of all of their lights and they will
inform those customers that have those lights that they can purchase them, if
they so wish. They will also look at
the possibility of selling those lights to a third party. By January, 2004, they will file with the
Public Utility Commission regarding their status on the sale of the facilities. Then, they would ask the commission for an
exemption in order to continue to provide lighting for non-roadway customers,
or else provide an explanation why that is not a possibility. At this point in time, they are still at the
discussion stage -- there has not been a final determination made. For existing customers they would like to
continue to provide their service, but they will make the facilities available
for sale to them. If they are not
willing to purchase the facilities at a certain point in time, they will then
respond to the commission by 2004 with their status.
Mayor Flores inquired as to the cost involved for the customers.
Olga Maldonado responded that what they have proposed on the
discussion settlement is 50 % of replacement value, which could be adjusted as
necessary for any unusual circumstances.
Cm. Galo inquired as to who would continue to take on the task of
the street light maintenance on behalf of the commission.
Olga Maldonado replied that they would continue to handle the
street light maintenance.
34. Status report on the
construction of the Skate Park.
John Viduarri, Parks & Recreation Director, stated that the project
was intended to be a 60-day project.
Due to the inclement weather, the contractor was provided with some
rainy day credits which extended the construction completion date through March
1, 2001. He stated that they just
received a report that the contractor poured concrete for curb and gutter for
the parking lot area and is expected to do some backfilling this week. He mentioned that there is still some
subgrade work that remains to be done for the parking lot area which the
contractor is currently working on.
They expect that by week’s end there will be some significant progress
toward completion of the project.
XIV. EXECUTIVE SESSION
The City Council hereby reserves the right to go into executive
session at any time during this public meeting, when it deems it necessary to
consult privately with its attorney about any item upon this agenda, pursuant
to the provisions of Section 551.071(2) of the Texas Government Code.
XVII. ADJOURNMENT
Motion to adjourn.
TIME: 9:25 p.m.
Moved: Cm. Galo
Second: Cm. E. Valdez, Jr.
For: 8 Against: 0 Abstain: 0
I hereby certify that the above minutes contained in pages 01
through 30 are true, complete and correct proceedings of the City Council
meeting held on February 5, 2001.
______________________________________
GUSTAVO
GUEVARA, JR.
CITY
SECRETARY