CITY OF LAREDO

                                          CITY COUNCIL MEETING

                                                       M2001-R-21

                                        CITY COUNCIL CHAMBERS

                                           1110 HOUSTON STREET

                                             LAREDO, TEXAS 78040

                                                   AUGUST 20, 2001

                                                          5:30 P.M.

 

I.          CALL TO ORDER

 

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

II.        PLEDGE OF ALLEGIANCE

 

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

 

III.       ROLL CALL

 

            In Attendance:

 

            Elizabeth G.  Flores,                                                                 Mayor

            Alfredo Agredano,                                                                    Council Member, District I

            Louis H.  Bruni,                                                                        Council Member, District II

            John C.  Galo,                                                                          Council Member, District III

            Johnny Amaya,                                                                         Council Member, District IV

            Eliseo Valdez, Jr.,                                                                     Mayor Pro Tempore, District V

            Joe A.  Guerra,                                                                         Council Member, 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

            Jaime Flores,                                                                            City Attorney

           

IV.       MINUTES

 

            None

 

V.        COMMUNICATIONS AND RECOGNITIONS

 

            Announcements

 

Mayor Pro Tempore Valdez announced the upcoming District V College Bound Scholarship Fundraiser.  He stated that the committee has been in existence for over ten years, and he thanked individuals and businesses that make the annual fundraiser a success. 

 

Cm.  Guerra stated that he had received two letters opposing a proposed ordinance on the Council agenda.  He also received a letter of thanks from the doctors that are proposing to build a new hospital called Providence Surgical and Medical Center.  

Cm.  J.  Valdez thanked Oscar Medina and his staff from Public Works for working diligently in his district to cease the flooding problem that occurred the night before.

 

Cm.  Ramirez reminded drivers that school is in session after the summer break and he stressed the importance of drivers observing the speed limits around school zones.

 

Mayor Flores read the following media advisory:

 

“Laredo International Airport receives notification of a two million-dollar grant from the U. S. Department of Transportation (DOT) Federal Aviation Administration (Federal Aviation Administration) today.

 

“The hard work of the airport director, his staff and the advisory committee continue to pay off for the City.  I am glad that, together with staff and Council Member Eliseo Valdez, that I had the opportunity to travel to Washington D. C.  and make the final presentation that helped bring these grants to fruition,” says Mayor Betty Flores.

 

It has been a long-standing precedence with City officials, an annual trip to Washington D. C. is often an influential factor with some federal agencies to making determinations on grant decisions.  The City aggressively pursues federal funds that benefit the citizens of Laredo.

 

U. S.  Transportation Secretary Norman Y.  Mineta made the announcement about several Texas communities on the new federal funds at the Texas 2001 Transportation Summit ion Dallas.  In his statement, Secretary Mineta said the funds would be used for the construction of a service road.

 

A total of $6,754,379 million dollars has come into Laredo from the Federal Aviation Administration this fiscal year, of which $1,419,437 is Entitlement Funds and $5,334,942 are Discretionary Funds.

 

The Secretary also announced grants for the following airports:

 

§         Austin-Bergstrom International Airport - - $2.5 million to construct taxiways, and an additional $1.4 million to reduce the impacts of airport noise in nearby communities.

 

§         Abilene Regional Airport -  - $2.35 million to extend a taxiway, improve a runway safety area and expand the terminal building.

 

§         Midland International Airport - - $ 1.9 million to construct an aircraft rescue and firefighting building. 

 

In addition, the state of Texas was awarded $937,000 to install weather-reporting equipment at 12 automated weather-observing stations in the state.  The funds for the projects come from the Airport Improvement Program of the U. S.  Department of Transportation’s Federal Aviation Administration.  The total amount of awards announced today equal $11.1 million dollars.” 

 

Mayor Flores said that the Texas Department of Housing and Community Affairs has awarded 160 low-income housing tax credit units to Clarks Crossing Apartments, which will be located at 3300 Clark Blvd.   

 

Mayor Flores expressed her concern in reference to the 2001 Low-income Housing Tax Credit Commitment Recommendations Factor list.  The list summarized the agencies’ review, analysis, and reasons why applications were either not recommended or approved for a funding commitment. 

 

            Invitations

 

            Recognitions

 

            Communiqués

 

A.     El Metro is introducing their new Rapid Transit System Bus Line.

 

The Mayor, Council and staff went outside to view the news bus.

 

             B.  Luis Diaz De Leon voiced his concern about the funding for the Congressional  

 Medal of Honor Recipients Monument.  He spoke in favor of the monument. 

 

 Mrs.  J.  Martinez spoke in favor of the monument. 

 

 Jesus Hernandez spoke in favor of the monument.

 

VI.       APPOINTMENTS TO COMMISSION, BOARDS AND COMMITTEES

 

A.     Appointment by Mayor Elizabeth G. Flores to the Vehicles for Hire Ad Hoc Committee.

 

Motion to postpone.

 

Moved:  Cm.  Agredano

Second:  Cm.  Galo

For:     8                                         Against:  0                                            Abstain:  0

 

            B.  Appointment by Council Member John C. Galo of Toni Ingle to the Vehicles for Hire          

                 Ad Hoc Committee.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     7                                         Against:  1                                            Abstain:  0

                                                      Cm.  Ramirez

 

 

 

 

B.     Appointment by Council Member Juan Ramirez of Carlos R. Rendon to the Parks & Recreation Advisory Committee.

 

Motion to approve.

 

Moved:  Cm.  Guerra

Second:  Cm.  Bruni

For:     7                                         Against:  1                                            Abstain:  0

                                                      Cm.  Galo

 

VII.     PUBLIC HEARINGS

 

            1.  Public hearing amending the City of Laredo FY 2000-2001 Annual Budget in the    

                 amount of $10,000.00 realized in the retainage settlement with Ramex Construction Company regarding the Laredo Main Library Project, providing for effective date.

 

INTRODUCTION OF AN ORDINANCE

Amending the City of Laredo FY 2000-2001 Annual Budget in the amount of $10,000.00 realized in the retainage settlement with Ramex Construction Company regarding the Laredo Main Library Project, providing for effective date.

 

Motion to open the public hearing and introduce.

 

Moved:  Cm.  Bruni

Second:  Cm.  Amaya

For:     8                                                      Against:                                                Abstain:

 

Cm.  Bruni expressed his concern about Ramex and the quality of their work on projects that had been awarded to them. 

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Bruni

Second:  Cm.  Amaya

For:     8                                                      Against:                                                Abstain:

 

Ordinance Introduction:  City Council

 

2.  Public hearing amending Chapter 12 of the Code of Ordinances, City of Laredo, Texas

to include Article IV to establish fees for Fire Inspection Services and Life Safety Inspections, within the corporate limits of the City of Laredo, Texas.

 

INTRODUCTION OF AN ORDINANCE

Amending Chapter 12 of the Code of Ordinances, City of Laredo, Texas to include Article IV to establish fees for Fire Inspection Services and Life Safety Inspections, within the corporate limits of the City of Laredo, Texas.

 

Motion to open the public hearing and introduce.

 

Moved:  Cm.  Bruni

Second:  Cm.  Agredano

For:      8                                         Against:  0                                            Abstain:  0

 

The Mayor read the following letter from Edward Van Es:

 

       “Dear Mayor and Council Members:

 

“I do not agree with the proposed ordinance to establish fire department inspections.  In so far as McDonalds Restaurants are concerned, we are in total compliance with all fire codes.  We receive regular inspections from McDonalds Corporation to check our ansul fire depressant systems by factory license inspectors every three months.  I feel this ordinance is redundant in so far as Mc Donald’s Restaurants are concerned and is an unnecessary expense to our business since we already pay for our own inspections.  Furthermore, McDonalds Corporation authorizes only a select group of insurance carriers for our restaurants.  We would loose our coverage if the ansul system were not inspected by factory license inspectors.” 

 

Chief Sosa stated the importance of establishing a fee for Fire Inspection Services.  He assured the Council that the fee is needed to restructure the Fire Department and assist funding for the manpower that they need to comply with National Fire Protection Association.  Finally, he stated that businesses must comply with the National Fire Protection Association Code book, and the Fire Department must inspect each business on a yearly basis to ensure safety. 

 

Mr.  Felix Nunez, City Inspector, stated that the fire prevention code gives the department the authority to go into the buildings and inspect equipment. 

 

Cm.  Galo asked if the inspections could be farmed out to individuals in order to assist with the 12,000 businesses each year and avoid the owners having to pay their private insurance and the City for the same inspection.

 

Chief Sosa stated that only the City Fire Department could inspect the businesses according to the National Fire Protection Association Code.  He mentioned the importance of the inspection and that the issue could be a liability to the City if not done properly. 

 

Tom Wade, Emerson Motors Manager, spoke against the approval of a fee for the fire inspection services.  He added that these fees are included in their payment of property taxes on their warehouse.

 

Miguel Conchas, Chamber of Commerce Manager, spoke in opposition to the new inspection fees.

 

Larry Norton spoke in opposition of the new fees by the Fire Department.

 

David Newman, business owner, spoke against an initial fee for inspection, but was in favor of a fee if they have to come back for non-compliance.

 

Mike McBain from Laredo Cotton Transfer spoke against the fee. 

 

Motion to close the public hearing and create an Ad Hoc Committee that will work with the Fire Chief and return to Council in 30 days for recommendations.  The Ad Hoc Committee will be as follows:

 

Miguel Conchas

David Newman

Mike McBain

Chief Sosa

3 Additional City Firefighters

 

Moved:  Cm.  Galo

Second:  Cm.  Bruni

For:     8                                          Against:  0                                            Abstain:  0

 

3.  Public hearing amending the City of Laredo Fiscal Year 2001 General Fund Annual

Budget for the Cemetery by appropriating revenues and expenditures in the amount of $46,320.00 for the purpose of acquiring a Backhoe 416D BFP Caterpillar, through a Lease Purchase Agreement and authorizing the City Manager to implement said budget amendment.

 

INTRODUCTION OF AN ORDINANCE

Amending the City of Laredo Fiscal Year 2001 General Fund Annual Budget for the Cemetery by appropriating revenues and expenditures in the amount of $46,320.00 for the purpose of acquiring a Backhoe 416D BFP Caterpillar, through a Lease Purchase Agreement and authorizing the City Manager to implement said budget amendment.

 

Motion to open the public hearing and introduce.

 

Moved:  Cm.  Bruni

Second:  Cm.  Agredano

For:     8                                          Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Guerra

Second:  Mayor Pro Tempore Valdez, Jr.

For:     8                                          Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

4.  Public hearing authorizing the City Manager to accept and execute all documentation for

a grant from the Texas Department of Health in the amount of $39,000.00 for the Chronic Disease Prevention Program, Breast and Cervical Cancer Control Project (BCCCP), of the City of Laredo Health Department for the period beginning September 1, 2001, through August 31, 2002, and amending the City of Laredo FY 2000-2001 budget in the amount of $39,000.00.

 

INTRODUCTION OF AN ORDINANCE

Authorizing the City Manager to accept and execute all documentation for a grant from the Texas Department of Health in the amount of $39,000.00 for the Chronic Disease Prevention Program, Breast and Cervical Cancer Control Project (BCCCP), of the City of Laredo Health Department for the period beginning September 1, 2001, through August 31, 2002, and amending the City of Laredo FY 2000-2001 budget in the amount of $39,000.00.

 

Motion to open the public hearing and introduce.

 

Moved:  Cm.  Guerra

Second:  Cm.  Bruni

For:     8                                          Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Bruni

Second:  Cm.  Guerra

For:     8                                          Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

5.  Public hearing and Second Reading to authorize the granting to Jerry Resendez

Enterprises, Inc., a Texas Corporation, a non-exclusive franchise to construct, maintain and operate a commercial container refuse gathering and disposing services in the City of Laredo, Texas and providing the terms, conditions, obligations, and limitations upon and under which franchise shall be exercised; providing indemnity to the City; City retains authority to regulate rates except for rate increase resulting from increased landfill fee which are passed on to the customer; providing for increased service rates; providing for franchise payments; and providing for severability. 

 

INTRODUCTION OF AN ORDINANCE

Authorizing the granting to Jerry Resendez Enterprises, Inc., a Texas Corporation, a non-exclusive franchise to construct, maintain and operate a commercial container refuse gathering and disposing services in the City of Laredo, Texas and providing the terms, conditions, obligations, and limitations upon and under which franchise shall be exercised; providing indemnity to the City; City retains authority to regulate rates except for rate increase resulting from increased landfill fee which are passed on to the customer; providing for increased service rates; providing for franchise payments; and providing for severability.

 

Motion to open the public hearing.

 

Moved:  Cm.  Bruni

Second:  Cm.  Agredano

For:     8                                          Against:  0                                            Abstain:  0

 

Gustavo Guevara, Jr., City Secretary, announced that this franchise needs two more readings prior to the final reading.  The first reading was not in compliance because there was no publication effected, therefore, the City Council is treating this reading as a first reading. 

 

Marcel Notzon III, representing Southern Sanitation, Inc., is asking that the same conditions that apply to Southern Sanitation would apply to any new applicants that came in.  He stated that at the previous City Council meeting there was an application, which was to be approved and submitted to the City Attorney.  He mentioned having spoken with Ray Rodriguez, attorney for Jerry Resendez Enterprises, Inc., and they will be complying with the application and submitting the required information to the City Attorney’s office for review.  He asked that this first reading be postponed until the application is submitted to the City Attorney’s Office.  He also asked that the applicant not collect garbage until such time as it obtains a franchise permit. 

 

Ray Rodriguez, representing Jerry Resendez, Enterprises, Inc., mentioned that he has supplied the Articles of Incorporation and the corporate insurance in the amount of $1,000,000.00.  He wants to differentiate that the operation that his firm is running is a type of construction clean-up on an on-call basis.  He stated that his client is willing to comply with all the requirements imposed.  He further stated that the correction on the fee from a 3% to a 4% fee delayed publication.  Also, the rates that were provided to his client were not the current rates.  

 

Jaime Flores, City Attorney, announced that based on Mr. Rodriguez’ representations, that Mr. Notzon’s request not be entertained with regards to postponing the first reading. 

His recommendation is that this second reading, as explained by the City Secretary, be treated as the first reading of the ordinance.

 

Pepe Trevino, on behalf of Southern Sanitation, Inc., requested that the new applicant be required to provide background on the business and its financial standing.   He also requested from City Council, since Jerry Resendez Enterprises, Inc. is being allowed to conduct business of refuse collection without a franchise, that the franchise fee for Southern Sanitation, Inc. be suspended until theirs is granted and they start paying a franchise fee. 

 

Larry Dovalina, City Manager, mentioned that he wants to ensure that everyone concerned understands that between now and the time the franchise goes into effect, the company is not providing container service within the city. 

 

Cm. J. Valdez, Jr., inquired whether they agreed to postpone all operations until this ordinance was passed.

 

Ray Rodriguez stated that they are not allowed to send the rollover containers to the landfill.  The only thing the company is doing is construction cleanup without any roll-over container pickup. 

 

Cm. J. Valdez, Jr., reminded them that this operation needed to comply with the same terms that Mr. Trevino’s company was asked by the City to comply with.

 

Ray Rodriguez stated that they would be providing all of the documents required.

 

Cm. Bruni inquired as to who the principals are for Jerry Resendez Enterprises, Inc.

 

Ray Rodriguez replied that it was Jerry Resendez and his wife.

 

Cm. Galo inquired whether they have any rollover containers being utilized at a given construction site.

 

Ray Rodriguez replied that he would have to check with his client about that. 

 

Jaime Flores, City Attorney, replied that any collection service that would require a franchise would not be allowed to be handled by Jerry Resendez Enterprises, Inc.

 

Motion to close the public hearing and introduce as a first reading.

 

Moved:  Cm.  Bruni

Second:  Cm.  Ramirez

For:     8                                          Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

6.  Public hearing amending the City of Laredo Fiscal Year 2001 Recreation Fund annual

budget by appropriating revenues and expenditures in the amount of $27,061.00 for the administration of recreation programs and authorizing the City Manager to implement said budget amendment.

 

INTRODUCTION OF AN ORDINANCE

Amending the City of Laredo Fiscal Year 2001 Recreation Fund annual budget by appropriating revenues and expenditures in the amount of $27,061.00 for the administration of recreation programs and authorizing the City Manager to implement said budget amendment.

 

Motion to open the public hearing and introduce.

 

Moved:  Cm.  Bruni

Second:  Cm.  Galo

For:     8                                          Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Mayor Pro Tempore Valdez

Second:  Cm.  Agredano

For:     8                                          Against:  0                                            Abstain: 0

 

Ordinance Introduction:  City Council

 

 

 

VIII.    GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS

 

7.  A.  Request by Mayor Elizabeth G. Flores

 

1.  Status on the submittal of Semi-Annual Reports submitted by the Council

     Appointed Committees.

 

Mayor Flores publicly thanked individuals that donate their time to serve on the committees.  She thanked the department heads for listening to the citizens of Laredo through the committee appointees. 

 

Each Council Member took the time to thank their committee members for their commitment and dedication in serving on committees.   They thanked their committee members for their time and expertise. 

 

                 B.  Request by Council Member Louis H. Bruni

 

1.  Consideration to assist the City of Rio Bravo Fire Department with surplus fire

Equipment/gear to address emergencies specifically relating to United D.D. Hachar Elementary, Juarez-Lincoln Elementary, and Kennedy-Zapata Elementary Schools, with possible action.

 

Jerry Arizola, Rio Bravo Fire Chief, asked for an Interlocal Agreement that will assist the department in Rio Bravo.  He submitted the following letter:

 

“The City of Rio Bravo Fire Department is in great need of equipment and manpower.  The fire department consists of six EMS personnel and one firefighter and one fire chief.  At the moment the department runs with one basic life support ambulance with two men on board 24 hours shifts seven days a week.  The fire truck operates with only one firefighter Monday to Friday from 8:00 a.m. to 5:00 p.m.  In case of an accident or fire after 5:00 p.m. one crewmember from the ambulance will drive to the scene.  Hopefully one of our two volunteers will respond.  There have been cases that the ambulance is at the hospital delivering a patient when other emergency call comes in.  In those situations we call the Webb County Sheriff’s office to take the patient to Hwy.  83 south at the entrance of Rio Bravo for Laredo Fire Department to respond and pick up patient.  At this time we count with very minimal equipment for fire and EMS service. 

 

1.  Ambulance 98 Wheelcoach Ford 350 diesel

2.  Fire truck 99 Pierce with 1000 gallons of water capacity

3.  Brush truck 90 Chevy 2500 with 300 gallons water capacity, which does

     not have reverse.

 

The fire department does not have any extrication equipment for any type of accidents.  At the moment we rely on one crowbar.  We also have a shortage of fire hydrants in the City of Rio Bravo and El Cenizo.  The United Independent School District has four schools in our area.  Which in case of an emergency our response time would be two to three minutes.  (D. D. Hachar, Juarez Lincoln, Kennedy Zapata and the middle school Salvador Garcia).  The schools have over 2000 students and over 280 employees.  We are concerned for the safety of the students because we believe that we will not be able to do much in case of a man made or natural disaster.  The County of Webb has two Community Centers, which provide different services to the community.  The buildings have over 150 people a day.  The County also has Headstart programs with over 90 children.  One of the Headstart schools is about 2000 feet away from the water plant.  Let’s not forget that the water plant stores chemicals that can cause a major accident.

 

We are willing to work hand in hand with the Laredo Fire Department in assisting in accidents on HWY.  83 south and grass fires in the area. We believe that Rio Bravo Fire Department and the Laredo Fire Department are in the same business of saving lives and protecting property.”

                            

Cm.  Bruni informed the Council that there are 2,000 children and 280 staffers that attend United Independent School District in the El Cenizo /Rio Bravo area.  He expressed his concern for their safety should a disaster occur.  He encouraged Council to assist the Fire Department.

 

Larry Dovalina, City Manager, mentioned that he has been working with United Independent School District on the issue.  He noted that the schools are in the Extra Territorial Jurisdiction for the City.  He informed the Council of several ways that the City has been assisting the Rio Bravo Fire Department.  He noted that staff would compile more information and report back to Council.

 

2.  Discussion with possible action regarding the Ordinance requirement for a

tarp/covering over debris carried into the City's landfill, and the $10 surcharge for violation of same.

 

Cm.  Bruni expressed a concern about citizens that are turned away from the landfill for not complying with the City ordinance. 

 

Randall Kippenbrock, Landfill Manager, showed the Council photographs of secured loads and unsecured loads.  He informed Council that the landfill is regulated by TNRCC and a City ordinance, which states that all vehicles should be covered, or be subject to a $10 surcharge.  If they do not pay the surcharge they will be turned away.  He gave the Council Members examples of charges that surrounding cities have.   

 

Larry Dovalina, City Manager, stated that the problem could be solved administratively.  He stated that staff would report back to Council at a later date with recommendations. 

 

3.  Discussion with possible action regarding the construction of a pedestrian bridge

over a drainage easement connecting Gateway Academy to the Public Library grounds.

 

Rogelio Rivera, City Engineer, stated that a sidewalk would need to be constructed along with the pedestrian bridge.  He noted there are no funds for the project. He stated that he would research all aspects, which include talking with the private sector, and will report back to Council.  

 

Cm.  Bruni agreed to use his remaining discretionary funds for the project.

 

                   C.  Request by Council Member John C. Galo

 

1.  Status report on all on going and proposed 2001-2002 TX DOT projects, with

     possible action.

 

Carlos Rodriguez, Area Engineer for Texas Department of Transportation, gave a status report on all on going and proposed 2001-2002 TxDOT projects.  

 

He said that the Meadow Bridge would be completed by October 1, 2001. 

 

He stated that Price Construction is in the process of laying out the bridge on Hwy. 83 South.  Presently the traffic is in the west side, which allows TxDOT to do the bridge work and the embankments in the middle.  He added that traffic passes through and you see partial embankment being constructed.  By switching the traffic it will allow TxDOT to construct full width and do the bridge work also.  Once that the bridge work is done we can change the traffic.  Additional traffic changes will occur in a couple of months and that will facilitate the construction of the east side at the south region of the project. 

 

Cm.  Agredano asked about the space between Hwy 83 and the access road. 

 

Carlos Rodriguez replied that the area is outside the project limits.  He said that it is a tie end to Cielito Lindo.  He added that prior construction was not done correct or was not completed.  He stated that the developer’s engineering company has been working on the information for the Department of Transportation and the Department and they will finish out that part of the project.  Finally, he stated that it would take three to four weeks to do a turn around that in that type of operation.

 

On 35 East Frontage Road to San Dario, Carlos Rodriguez said that the project is 95% complete.  TxDOT will be encountering traffic delays because of finalization of hot mix in that area.

 

The Milo Interchange has the direct connector but TxDOT is waiting for the subcontractor.  TxDOT needs two more high masses to be collected.  CP & L did their hook up but the sub has not come back to do their tie in.   He mentioned working with the general contractors in an expedient manner.  He said that the project is 70% complete.   

 

Cm.  J.  Valdez asked Carlos Rodriguez to notify him of the meetings that are held for his district concerning the grade crossings for Mines Road. 

 

At the San Isidro Subdivision Exit the developer has to comply with an impact study, which is being compiled by their consultants.  They must adhere to federal guidelines because they are dealing with the interstate.

  

Cm.  Guerra asked Larry Dovalina to follow up with staff as soon as they are notified.  He encouraged TxDOT and staff to expedite the project.  

 

Keith Selman, City Planner, stated that the issue would be resolved between the developer and TxDOT.  He added that from the City’s stand point the project would not present a problem for our system roadways.  He continued to say the primary issue would be at the state level and the freeway. 

 

Carlos Rodriguez assured Council that he had spoke to the developer and the consultant was in the process of finalizing the report.  

 

Cm. Guerra asked for a preliminary report to be included in the next Council packet.

 

Mayor Flores asked the City Manager to give Council and update as soon as possible.  

 

Keith Selman, City Planner, informed Council that he would submit the Master Plan that has been considered, reviewed and approved by the Planning and Zoning Commission.

 

Unitec and 359 projects are basically all complete.

 

Three points will be included in the fiscal year of 2003.  As far as the land acquisition for that project there is 28 or 29 take-ins that we have to do both residential and businesses. 

 

The Guadalupe and Chihuahua Overpass is in the beginning stages.  TxDOT recently sent the public a mail out to inform them they may have a possible effects when construction begins.  The consultant is scheduled to meet with the TxDOT Friday, which will be the key for the First State Holder’s Meeting.  

 

Cm.  Galo asked to be notified of the information of Friday’s meeting and any information pertaining to the overpass. 

 

Keith Selman, City Planner, stated that the primary element of the design is making a determination as to retaining the grade elements.

 

Upcoming projects include 1472/IH 35 Grade Separation, San Gabriel & San Lorenzo Realignments @ 1472 Mines Road, FM 3338 Widening Project, Extension from Milo to Uniroyal Widening, International Bridge V Outer Loop connecting to Guadalupe/Chihuahua separation, Eljido to Life Downs. 

 

The Eljido to life downs project will basically be the loop 20 and 59 overpass and  TxDOT has two schematics and both require different takings.  It is a package deal for 2003. 

 

Mayor Flores expressed her concern about the flooding that occurs on the two access roads.

 

Carlos Rodriguez mentioned the problem originates from a design in which property was not paved or concreted. 

 

Larry Dovalina stated that the problem there is a huge capacity coming in from the east from Canel that turns around there and the stream is blocked from empting out so the water starts backing up. 

 

Carlos Rodriguez stated that the possibility of widening the exiting ditch is not possible so he recommended enclosing the ditch with boxes. 

 

Larry Dovalina, City Manger, mentioned the problems are addressed in the Brown and Root study.

 

Mayor  Flores asked Carlos Rodriguez to search for a solution for the flooding problem at the access roads and to asked TxDOT what they have been doing to  keep Mall Del Norte debris out of the creek area .  

 

Carlos Rodriguez stated that TxDOT cleans the debris two times a week to no avail.  He stated that an alternative would be to add another cycle or a small bearer to keep the trash within the mall property.  

 

Cm.  Bruni questioned the entrance to East Fiesta Loop and West Fiesta Loop. 

 

Carlos Rodriguez stated that would be addressed on the schematics for the Loop 20 Hwy 59 project

 

Cm.  Agredano asked about Quatro Vientos Road.

 

Carlos Rodriguez stated that the Quatro Vientos Road project is in the preliminary design stage. 

 

Cm.  Agredano asked about the corner of Zacatecas and Hiway 83.

 

Carlos Rodriguez stated that the engineering staff is looking into the solution for the area. 

 

Cm.  Ramirez questioned about the lighting between Santa Ursula and San Dario.  

 

Carlos Rodriguez stated his concern would be the impact of continuous lighting and safety lighting.  He would report back to Council. 

 

2.  Discussion on staff solution to fixing the drainage ditch at Market St. and Jarvis 

     Ave., with possible action.

 

Larry Dovalina, City Manager, stated that staff sent a letter to Tex-Mex because the drainage ditch is entirely within the Tex-Mex right-of-way.  Staff will be following up on the issue.

 

 

                  D.  Request by Council Member Johnny Amaya

 

1.  Status report on the upgrading of the street lighting at Villa San Luis as first

     requested on June 4, 2001.

 

Roberto Murrillo, Traffic Director, reported that CP&L has identified the lights and has upgraded the lighting from 16,000 lumen to 27,000 lumens. 

 

                  E.  Request by Council Member Jose A. Valdez, Jr.

 

1.  Request for update on initiating Flag Football at Father McNaboe Park.

 

Horacio De Leon, Parks and Recreation Director, informed the Council that Public Works is grading the additional phase of Father McNaboe to accommodate flag football.  He stated that the rain has delayed the project.  He mentioned striping the field for flag football and placing goals for football and or  soccer.  Finally, he stated that the park is in need of infrastructure, which is in the vicinity of  $210,000.  Finally, he presented pictures of the removable shades in the Father McNaboe Park.

 

                  F.  Request by Council Member Juan Ramirez

 

1.  Status report on the citation given to people on the corner parking lot on Farragut

and San Dario, and also on Victoria and San Dario regarding the "Chocolates", with possible action.

 

Agustin Dovalina, Chief of Police, stated that two citations were issued today. 

 

Tommy Ochoa, Municipal Court Clerk, said that the Building Department also cited Chocolates, and they will be going before the judge. 

 

Larry Dovalina, City Manager, reported that staff is in the process of amending the parking ordinance to eliminate all of the parking meters on San Dario and Santa Ursula.  He said they would be bringing that ordinance to Council in the first meeting in September. 

 

2.  Status report on the Water Park, with possible action.

 

Horacio De Leon, Parks and Recreation Director, mentioned that staff is continuing to work on the feasibility study of the water park.  Staff has a confirmed meeting with the City Manager to obtain information on their water park.  He read the following excerpts from an article that came out in the LMT Business Journal on August 13, 2001: 

 

“For example:  Edinburg officials had high hopes for the 35-acre SuperSplash Adventure Park but it closed after only two troubled seasons.    

 

The SuperSplash water park was supposed to provide 200 to 250 seasonal jobs in Edinburg.  The park was constructed with $21.3 million from private investors, but he city spent $600,000 trying to keep it solvent.  The park closed after two seasons.

 

I guess the patrons from the Mexican side (of the border) did not materialize as projected in the feasibility study,” said City Manager John Milford.

 

Now investors are hoping to recoup a fraction of their losses by selling the park for reportedly $5 million.”

 

3.  Status report on the black topping for the 800 and 900 Block of Hidalgo St., with

     possible action.

 

Rogelio Rivera, City Engineer, stated contractors will be replacing water pipes at  Hidalgo Street and other areas downtown and they cannot patch the areas until they are finished working on the pipes.  He said that he would report back to Council with a comprehensive report. 

 

4.  Review of the appointees to the Vehicles for Hire Ad Hoc Committee, with

     possible action.

 

     Motion to postpone.

 

     Moved:  Cm.  Ramirez

     Second:  Cm.  Bruni

     For:     8                                          Against:  0                                Abstain:  0

         

IX.       INTRODUCTORY ORDINANCES

 

8.  An ordinance authorizing the City Manager to grant a Right-of-Entry Permit to the U. S.

Department of the Army Corps of Engineers, in order to delineate the extent of a former landfill adjacent to the Los Presidentes Subdivision, and to characterize its waste.  Said former landfill being out of an 11.081 acre tract situated in Porcion 32, City of Laredo, Webb County, Texas, as described on attached Exhibit "A"; and providing for an effective date.   

 

Ordinance Introduction: City Council

 

9.      An ordinance authorizing the City Manager to grant a Right-of-Entry Permit to the U. S.

Department of the Army Corps of Engineers, in order to check for surface soil contamination at an abandoned railroad spur on Vidaurri Avenue.  Said railroad spur extending on Vidaurri Avenue from Moctezuma to Jefferson Streets, as described on attached Exhibit "B"; and providing for an effective date.

 

Ordinance Introduction:   City Council

 

10.  An ordinance amending Chapter 19, Motor Vehicle and Traffic, Article VIII, Stopping,

standing or parking, of the Code of Ordinances, City of Laredo: specifically creating Section 19-364; restricted parking areas, establishing certain tow-away areas within the Central Business District and providing for effective date and publication.

 

Ordinance Introduction:  City Council

 

11.  An ordinance authorizing the City Manager to amend Chapter 14, Garbage, Trash &

Refuse, Article I, Section 14-1, Definitions; also Article II, Section 14-9, Rates, subsection (c) by deleting subparagraph (c)(4); adding subsection (d) Special Event Fee; deleting portions of subsection (e) garbage and mandate fees schedule, by changing the square footages and adjusting the rates for garbage collection; adding subsection (f) commercial establishments exclusions; adding subsection (g) Appeals Process; and amending subsections h to m to alphabetize each subsection correctly; providing for severability, effective date and publication.

 

Ordinance Introduction:  City Council

 

12.  An ordinance adopting Section I, Article 102.075, Texas Code of Criminal Procedure,

by amending subsection (m) and adding subsection (n) as amended by Senate Bill 1421.  "Court Cost; Juvenile Crime and Delinquency Fund and Criminal Justice Center Fund; and amending the Code of Ordinances, Chapter 20, Section 20-37 by adding Subsection (E); and providing for severability, effective date and publication.

 

Ordinance Introduction:  City Council

 

13.  An ordinance adopting Texas Code of Criminal Procedure Article 102.014(c), Court

Costs for Child Safety Fund in Municipalities as amended by House Bill 374 and adopting Article 102.014(g) Court Costs for Child Safety fund in Municipalities and Amending the Code of Ordinances, Chapter 20, Section 20-37, by adding subsection (d); providing for severability, effective date and publication.

 

Ordinance Introduction:  City Council

 

X.        FINAL READINGS OF ORDINANCES 

 

            Internet Availability:  //www.ci.laredo.tx.us

 

Motion to approve the final readings of Ordinance # 2001-O-163, # 2001-O-164,

# 2001-O-165, # 2001-O-166, # 2001-O-168, # 2001-O-169, # 2001-O-171, # 2001-O-172, # 2001-O-173, # 2001-O-174, # 2001-O-175, # 2001-O-176, # 2001-O-177, # 2001-O-179, # 2001-O-180, # 2001-O-181, # 2001-O-182, # 2001-O-183, # 2001-O-184, # 2001-O-185, # 2001-O-186 and 2001-O-187.

 

            Moved:  Cm. Bruni

            Second:  Cm.  Agredano

            For:     8                                               Against:  0                                            Abstain: 0

 

14.  2001-O-163  Airport Budget to recognize additional revenues from a grant received

from the Federal Aviation Administration being grant project no. 3-48-0136-30-01 in the amount of $335,000.00 for the purpose of constructing a fuel farm to be located on the east side of the Laredo International Airport and appropriating said grant revenue and local match to the appropriate expenditure accounts and authorizing the City Manager to implement said budget amendment.  (City Council)

 

Motion to adopt Ordinance # 2001-O-163.

 

Moved:  Cm.  Bruni

Second:  Cm.  Agredano

For:     8                               Against:  0                                Abstain:  0

 

 2001-O-164  Amending Chapter 19, Motor Vehicle and Traffic, Article VIII, Stopping,

    Standing or Parking, Section 19-361, Secured Controlled Access Parking

    Lots and Section 19-362, Parking Lot Rates and Hours of Operation, of

    Code of Ordinances, City of Laredo: Authorizing the establishment of

    parking rates, enforcement regulations, and hours of operation at the

    Riverfront Parking Lot located on Pedregal Road; and authorizing the

    establishment of enforcement regulations for the Bridge I parking lot,

    providing for effective date and publication.  (City Council)

 

Motion to adopt Ordinance # 2001-O-163.

 

Moved:  Cm.  Bruni

Second:  Cm.  Agredano

For:     8                               Against:  0                                Abstain:  0

 

     2001-O-165  Authorizing the City Manager to execute the contract with the Texas

Department of Health in the amount of $208,140.00 in additional funds for the HIV/AIDS Ryan White Title II Project of the City of Laredo Health Department and extend the contract period from April 1, 2001, through August 31, 2001, to April 1, 2001, through March 31, 2002; and amending the City of Laredo FY2000-2001 Budget by 1/2 of the budget amount.  (City Council)

 

Motion to adopt Ordinance # 2001-O-165.

 

Moved:  Cm.  Bruni

Second:  Cm.  Agredano

For:     8                               Against:  0                                Abstain:  0

 

2001-O-166  Amending the City of Laredo FY 2000-2001 budget in the amount of

$500,000.00 by allocating funds from the surplus fund balance to further the activities and scope of work of the Women, Infants and Children's Program of the City of Laredo Health funded by the Texas Department of Health for the period beginning October 1, 2000, through September 30, 2001.  (City Council)

 

Motion to adopt Ordinance # 2001-O-166.

 

Moved:  Cm.  Bruni

Second:  Cm.  Agredano

For:     8                               Against:  0                                Abstain:  0

 

 

2001-O-167  Authorizing the City Manager to accept and execute all documentation for

grants from the Texas Department of Health in the amount of $1,088,298.00 in direct funds and $188,976.00 in program income for seven grants as described below for the City of Laredo Health Department for the period beginning September 1, 2001, through August 31, 2002; and amending the City of Laredo FY 2000-2001 budget in the amount of $1,277,274.00.  (City Council)

 

Motion to adopt Ordinance # 2001-O-167.

 

Moved:  Cm.  Bruni

Second:  Cm.  Agredano

For:     8                               Against:  0                                Abstain:  0

 

2001-O-168  Amending the City of Laredo's 2000-2001 annual budget in the amount of

$95,000.00 to adjust the City match for the Governor's Automobile Theft Prevention Authority Program.  The City of Laredo requested that A.T.P.A. consider reducing the cash match for grant number (SA-1-T01-09358) this fiscal year.  Funding will be used to pay for operative expenditures within the Laredo Police Department in General Fund.  (City Council)

 

Motion to adopt Ordinance # 2001-O-168.

 

Moved:  Cm.  Bruni

Second:  Cm.  Agredano

For:     8                               Against:  0                                Abstain:  0

 

2001-O-169  Amending the City of Laredo's 2000-2001 Annual Budget in the amount

of $490,069.00 for the Governor's Automobile Theft Prevention Authority Grant.  A.T.P.A. is contributing $390,714.00, the City is designating $54,355.00 in matching funds, and Webb County is designating $45,000.00 in matching funds for a total of $490,069.00 to fund the Laredo Auto Theft Task Force for the period of September 1, 2001 through August 31, 2002.   (City Council)

 

Motion to adopt Ordinance # 2001-O-169.

 

Moved:  Cm.  Bruni

Second:  Cm.  Agredano

For:     8                               Against:  0                                Abstain:  0

 

2001-O-171  Repealing Ordinance 99-O-85 and amending Chapter 7-1 of the Code of

Ordinances of the City of Laredo by adopting the 2000 Edition of the International Building Code, amending Section 7-4 adopted, by adopting the 2000 Edition of the International Mechanical Code, and amending Section 7-7 Dwelling Code by adopting the International Residential Code for One and Two Family Dwellings (2000 Ed.); providing for the issuance of permits, and collection of fees, and repealing all ordinances and/or parts of ordinances in conflict therewith; providing for publication and effective date.  (City Council)

 

Motion to adopt Ordinance # 2001-O-171.

 

Moved:  Cm.  Bruni

Second:  Cm.  Agredano

For:     8                               Against:  0                                Abstain:  0

 

 2001-O-172  Amending Section 24.63.2, Permitted Land Uses; and Appendix A,

    Definitions, of the Laredo Land Development Code to allow the location

    of an International Bridge Facility on B-4 (Highway Commercial District),

    M-1 (Light Manufacturing District), and M-2 (Heavy Manufacturing

    District) Zoning Districts.  The Planning and Zoning Commission has

    recommended approval of the proposed ordinance amendment.  (City 

    Council)

 

Motion to adopt Ordinance # 2001-O-172.

 

Moved:  Cm.  Bruni

Second:  Cm.  Agredano

For:     8                               Against:  0                                Abstain:  0

 

   2001-O-173  Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning

Lot 4 and the north 19.78 ft. of Lot 5, Block 815, Eastern Division, located at 605 N. Seymour Ave., from R-3 (Mixed Residential District) to B-4 (Highway Commercial District); providing for publication and effective date.  (As Amended)  (Council Member John C. Galo)

 

Motion to adopt Ordinance # 2001-O-173.

 

Moved:  Cm.  Bruni

Second:  Cm.  Agredano

For:     8                               Against:  0                                Abstain:  0

 

2001-O-174  Amending the City of Laredo's 2000-2001 Annual Budget to reflect an

appropriation in Transportation Planning Funds.  The appropriation of $21,589.00 comes from the release of 1999-2000 Unified Planning Work Program (UPWP) Unexpended Funds.  (City Council)

 

Motion to adopt Ordinance # 2001-O-174.

 

Moved:  Cm.  Bruni

Second:  Cm.  Agredano

For:     8                               Against:  0                                Abstain:  0

 

 2001-O-175  Amending the City of Laredo's FY 2001 Annual Budget in the 2000A

Certificate of Obligation Fund by appropriating current available interest earnings in the amount of $325,000.00 and appropriating expenditures in the amount of $325,000.00 for the Bartlett Street Extension Project from Hillside to Gale Street, and authorizing the City Manager to implement said budget.  (City Council)

 

Motion to adopt Ordinance # 2001-O-175.

 

Moved:  Cm.  Bruni

Second:  Cm.  Agredano

For:     8                               Against:  0                                Abstain:  0

 

2001-O-176  An ordinance authorizing the City Manager to execute a lease with Webb

County for approximately 1.0128 acres which includes Building Nos. 1228 and 1229 consisting of approximately 4,378 square feet located at 4704 Naranjo Street at the Laredo International Airport.  Lease term is for one (1) year commencing on May 1, 2001 and ending on April 30, 2002 and may be extended for one (1) term of one (1) year ending on April 30, 2003.  Monthly rent shall be $1,776.00 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.  (City Council with the exception of Council Member Johnny Amaya and Mayor Pro-Tempore Eliseo Valdez, Jr.)

 

Motion to adopt Ordinance # 2001-O-176.

 

Moved:  Cm.  Bruni

Second:  Cm.  Agredano

For:     6                               Against:  0                                Abstain:  2

                                                                                            Cm.  Amaya

                                                                    Mayor Pro Tempore Valdez

 

2001-O-177  An ordinance authorizing the City Manager to execute a lease with

Roberto Hernandez d/b/a Ocean Structures for approximately 289 square of office space constituting Suite No. 8 of Building No. S-1 located at 1718 E. Calton Road.  Lease term is for one (1) year commencing May 1, 2001, and ending April 30, 2002, and may be extended for one (1) term of one (1) year ending April 30, 2003. Monthly rent shall be $400.00 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.  (City Council)

 

Motion to adopt Ordinance # 2001-O-177.

 

Moved:  Cm.  Bruni

Second:  Cm.  Agredano

For:     8                               Against:  0                                Abstain:  0

 

2001-O-179  An ordinance rescinding Ordinance No. 96-O-177, which authorized the

City Manager to execute a Lease Agreement with the Laredo-Webb County Community Action Agency for the rental of ground space on that parcel of land legally described as: Lots 1, 2, 3, & 4, Block 321, Eastern Division, City of Laredo, Webb County, Texas; for a term of two (2) years, with an annual rental payment of $1.00, and authorizing the City Manager to execute a new Lease Agreement with Webb County, as described on attached Exhibit "A", for and on behalf of the City of Laredo, for rental of the same parcel of land, for the purpose of operating the Headstart Program, for a term of two (2) years, with monthly rental payments of $575.00; and providing for an effective date.   (City Council with the exception of Council Member Johnny Amaya and Mayor Pro-Tempore Eliseo Valdez, Jr.)

 

Motion to adopt Ordinance # 2001-O-179.

 

Moved:  Cm.  Bruni

Second:  Cm.  Agredano

For:     6                               Against:  0                                Abstain:  2

                                                                                            Cm.  Amaya

                                                                    Mayor Pro Tempore Valdez

 

 2001-O-180  An ordinance rescinding Ordinance No. 99-O-012, which authorized the

City Manager to execute   a Lease Agreement with Webb County for the rental of ground space on that parcel of land legally described as: Lots 6, 8, the West one-half of Lots 5 & 7, the North fifty-six feet of Lot 4, & the West one-half of Lot 3, Block 912, Western Division, City of Laredo, Webb County, Texas; for a term of one (1) year, with an annual rental payment of $1.00, and authorizing the City Manager to execute a new Lease Agreement with Webb County, as described on attached Exhibit "A"; for and on behalf of the City of Laredo, for rental of the same parcel of land, for the purpose of operating the Headstart Program, for a term of two (2) years, with monthly rental payments of $625.00; and providing for an effective date. (City Council with the exception of Council Member Johnny Amaya and Mayor Pro-Tempore Eliseo Valdez, Jr.)

 

Motion to adopt Ordinance # 2001-O-180.

 

Moved:  Cm.  Bruni

Second:  Cm.  Agredano

For:     6                               Against:  0                                Abstain:  2

                                                                                            Cm.  Amaya

                                                                    Mayor Pro Tempore Valdez

 

 2001-O-181  An ordinance rescinding Ordinance No. 95-O-024, which authorized the

City Manager to execute a Lease Agreement with the Laredo-Webb County Community Action Agency, for the rental of ground space on that parcel of land legally described as: Portions of Lots 7, 8, 9, 10, 11, & 12, Block 1302, Eastern Division, City of Laredo, Webb County, Texas; for a term of twenty-eight (28) months, with monthly rental payments of $525.00, and authorizing the City Manager to execute a new Lease Agreement with Webb County, as described on attached Exhibit "A", for and on behalf of the City of Laredo, for rental of the same parcel of land, for the purpose of operating the Headstart Program, for a term of two (2) years, with monthly rental payments of $525.00; and providing for an effective date .   (City Council with the exception of Council Member Johnny Amaya and Mayor Pro-Tempore Eliseo Valdez, Jr.)

 

Motion to adopt Ordinance # 2001-O-181.

 

Moved:  Cm.  Bruni

Second:  Cm.  Agredano

For:     6                               Against:  0                                Abstain:  2

                                                                                            Cm.  Amaya

                                                                    Mayor Pro Tempore Valdez

 

2001-O-182  An ordinance authorizing the City Manager to enter into a "Contract,

Easement, and Use Restriction" Agreement with AEP Central Power and Light Company, as described on attached Exhibit "A", for the installation of certain underground electric service facilities to serve the dwelling units to be constructed on the individual lots of the "Three Points Affordable Housing Project".  Said lots being delineated on attached copy of City Plat; and providing for an effective date.  (City Council)

 

Motion to adopt Ordinance # 2001-O-182.

 

Moved:  Cm.  Bruni

Second:  Cm.  Agredano

For:     8                               Against:  0                                Abstain:  0

 

2001-O-183  An ordinance closing as a public easement those sections of the 1100

block of South Buena Vista Avenue between Barrios Street and the east right-of-way line of S. Meadow Ave. and the west one half section of the 1100 block of South Buena Vista Avenue between Boulanger Street and the west right-of-way line of S. Meadow Avenue situated in the Eastern Division, City of Laredo, County of Webb, Texas; and providing for an effective date.  (Council Member Alfredo Agredano)

 

Motion to adopt Ordinance # 2001-O-183.

 

Moved:  Cm.  Bruni

Second:  Cm.  Agredano

For:     8                               Against:  0                                Abstain:  0

 

2001-O-184  An ordinance amending Ordinance #99-O-317 by authorizing the City

Manager to execute a Site Ground Lease Agreement Addendum to that certain Ground Lease between the City of Laredo and American Tower L.P., a Delaware Limited Partnership, dated October 25, 1999, for the purposes of which is to describe the ground space area of the Lease Premises to be used by Tenant. All terms and conditions of the lease remain in full force and effect.  (City Council)

 

Motion to adopt Ordinance # 2001-O-184.

 

 

Moved:  Cm.  Bruni

Second:  Cm.  Agredano

For:     8                               Against:  0                                Abstain:  0

 

2001-O-185  An ordinance authorizing the City Manager to execute a lease with Texas

#20 Rural Cellular, Inc., a corporation, for space on the top surface of the McPherson Water Tower located at 8711 McPherson Road, Laredo, Webb County, Texas and being more   fully described in Exhibit "A" of lease agreement to locate antennas on the Water Tower and construct a 10' x 12" equipment building for use in connection with its communications business.  Term of the lease is ten (10) years commencing August 20, 2001 and ending August 19, 2011 with three (3) successive renewal terms of five (5) years.  Annual base rent shall be $7,700.00 each year during the term of the lease and will be adjusted by three percent (3%) on each anniversary of the commencement date, providing for effective date.  (City Council)

 

Motion to adopt Ordinance # 2001-O-185.

 

Moved:  Cm.  Bruni

Second:  Cm.  Agredano

For:     8                               Against:  0                                Abstain:  0

 

2001-O-186  An ordinance authorizing the City Manager to execute a lease with Texas

#20 Rural Cellular, Inc., a corporation, for a 50" x 40" ground space at the La Bota Water Tower Complex located at 14100 FM 1472 Laredo, Webb County, Texas and being more fully described in Exhibit "A" of lease agreement to construct on such premises a 120 ft. high self-supporting tower and related equipment building for use with its communications business.  Term of the lease is ten (10) years commencing August 20, 2001 and ending August 19, 2011 with three (3) successive renewal terms of five (5) years.  Annual base rent shall be $7,700.00 each year during the term of the lease and will be adjusted by three percent (3%) on each anniversary of the commencement date, providing for effective date.  (City Council)

 

Motion to adopt Ordinance # 2001-O-186.

 

Moved:  Cm.  Bruni

Second:  Cm.  Agredano

For:     8                               Against:  0                                Abstain:  0

 

2001-O-187  An ordinance authorizing the City Manager to execute all necessary

documents to effectively convey twenty (20) City-owned lots to the Metro Affordable Housing Corporation for a Lease-Purchase Program for residents of public housing.  Said twenty lots being Lots 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, & 35; all being situated in the Los Obispos Subdivision, Unit 5, Block 3, City of Laredo, Webb County, Texas; being delineated on attached copy of City Plat, and providing for an effective date.  (City Council)

 

Motion to adopt Ordinance # 2001-O-187.

 

Moved:  Cm.  Bruni

Second:  Cm.  Agredano

For:     8                               Against:  0                                Abstain:  0

 

XI.       MOTIONS

 

15.  Consideration to re-schedule the regularly scheduled City Council Meeting from

Monday, September 3, 2001 to Tuesday, September 4, 2001, due to the Labor Day Holiday.

 

Motion to approve.

 

Moved:  Cm.  Guerra

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Abstain:  0

 

16.  Consideration to authorize the City Manager to execute a contract with E. G. Ranch,

Ltd. to acquire an easement for the use of land for a period of two years to establish a water point for any citizen to obtain potable water.

 

Motion to approve.

 

Moved:  Cm.  Bruni

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

17.  Consideration to authorize the City Manager to execute a contract for the purchase of  

20.27 acre-feet of Class "A" water rights from Joyce E. Wilson, for the sum of $13,682.25.  The water rights convert to 10.135 acre-feet of municipal water rights.  Funding is available in the Water Availability Fund.

 

Motion to approve.

 

Moved:  Cm.  Bruni

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

18.  Consideration to award contract number FY01-151, to the Lowest Proposer, Office

Communication Systems (OCS), San Antonio, Texas, in the amount of $29,160.00, for a thirty-six month rental contract for a color copier.  The monthly cost includes the use of the copier, fiery controller, toner supplies, and a full maintenance contract.   Funding is available in the Bridge Fund.

 

Motion to approve.

 

 

 

Moved:  Cm.  Bruni

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

19.    Consideration to award contract number FY01-154, to the LOW BIDDER N.E.S.

Trench Shoring, San Antonio, Texas, in the amount of $39,725.00, for the purchase of a horizontal boring machine for the Utilities Department.   Funding is available in the Utilities Department - Water Distribution Division, Capital Outlay budget.

 

Motion to approve.

 

Moved:  Cm.  Bruni

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

20.  Consideration to award of contract number FY01-155, to the LOW BIDDER

MEETING SPECIFICATIONS, Exerplay, Inc., Cedar Crest, N.M., in the amount of $64,650.00, for furnishing all labor and material needed to install a modular skate park

system at the Northeast Hillside Park.  Funding is available in the Capital Improvement Project budget (City Council Districts 5 and 6 projects).

 

Motion to approve.

 

Moved:  Cm.  Bruni

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

21.  Consideration to award contract number FY01-159, to the LOW BIDDER, for

furnishing all labor and material needed for the trench less installation of approximately 120 feet of casing and 16 inch water line under Highway 359 in the vicinity of the municipal landfill.  The low bidder will be announced at the City Council meeting. Funding is available in the Capital Improvement Project - City Council District 2.

 

Motion to approve and award to low bidder Ellis & Ellis for $20,300.

 

Moved:  Cm.  Agredano

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

                    

22.  Consideration to modify the City's Procurement Policy, effective September 1, 2001, to

allow the City Manager to approve all contracts and change orders not exceeding $25,000.00 in accordance to provisions of the State of Texas - Local Government Code.  The City's current policy sets a limit of $15,000.00.  This change will mirror the provisions of Section 252.021, as amended, of the Local Government Code - Competitive Bidding and Competitive Proposal Requirements. 

 

Motion to approve.

 

 

 

Moved:  Cm.  Agredano

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

23.  Consideration to approve monthly adjustments to the tax roll.   The amount to be

adjusted for the month of July 2001, which represents an increase in levy, is $659.06.  These adjustments are determined by the Webb County Appraisal District and by Court Orders.

 

Motion to approve.

 

Moved:  Cm.  Agredano

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

24.  Consideration to refund property tax to the following taxpayers and company:

 

A.  A refund in the amount of $1,649.76 payable to Francisco A. Leal, MD PA due

to a change of value certified by the Appraisal Review Board.  This personal property did not exist on the 1st of the year 1997, 1998, and 1999.

 

Motion to approve.

 

Moved:  Cm.  Agredano

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

25.  Consideration to authorize the installation of streetlights on Calton Road in front of the

Main Public Library and to utilize funds in the estimated amount of $30,000.00 from Capital Improvement Project - City Council District 2.

 

Motion to approve.

 

Moved:  Cm.  Agredano

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

26.  Consideration to authorize the installation of Speed Humps on the 1000 and 1100

Block of Reagan Drive in accordance with the Speed Hump Installation Policy under the Special Provision for Installation; project costs are estimated at $6,000.00.  Funding will be made available from Capital Improvement Project - City Council District I.

 

Motion to approve.

 

Moved:  Cm.  Agredano

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

 

 

27.  Consideration for approval of Amendment No. 1 an increase of $295,000.00 to the

architectural/engineering contract with Frank Architects, Inc., Laredo, Texas, for the Gateway to the Americas Bridge (Bridge I) Access, Export Lot & Parking Lot Modifications for architectural/engineering design.  Funding is available in the Bridge System - Bridge Improvements.

 

Motion to approve.

 

Moved:  Cm.  Agredano

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

28.  Consideration to award a construction contract to the LOW BIDDER, SER

Construction Partners, LTD., Houston, Texas, in the bid amount of $632,719.00 for the Bartlett Avenue Extension (Hillside Road to Gale Street).  Funding is available in the 2000 C.O. Issue Bartlett/Hillside to Gale.

 

Motion to postpone for next meeting.

 

Moved:  Cm.  Bruni

Second:  Cm.  Ramirez

For:     7                                        Against:  0                                            Abstain:  1

                                                                                                                 Cm.  Guerra

 

29.  Consideration for acceptance of the New Main Library Sign and approval of final 

payment in the amount of $19,725.00 to L & M Construction Company, Laredo, Texas.  Final contract amount is $19,725.00.  Funding is available in the New Public Library Improvements Other Than Buildings.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Abstain:  0

 

30.  Consideration to award a professional services contract to Crane Engineering

Corporation, Laredo, Texas, for an amount not to exceed $58,500.00 for design and preparation of plans and specifications for the Santa Rita Park Improvements.  Funding is available in the Community Development 25th Action Year Santa Rita Park (Phase I).

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Abstain:  0

 

31.  Consideration to award a construction contract to the LOWEST BIDDER, A/P

Resources, Inc., San Antonio, Texas, in the bid amount of $38,214.00 to include the bid and alternative no. 1 for the Pre-Demolition Asbestos Abatement at Laredo International Airport Buildings 1326, 1335, 1336, and Abandoned Slab.  Funding is available in the Airport Construction Fund FAA Ineligible Demolition and Airport Demolition Services.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Abstain:  0

 

32.  Consideration to formally accept a donation consisting of one-treadmill by Weslow and

one-cardio-vascular fit cycle by Lifestyler donated by Mr. And Mrs. Louis H. Weber in memory of Julia A. and Doris G. Foster to be used at the La Ladrillera Elderly Recreation Center.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Abstain:  0

 

33.  Consideration to enter into an interlocal agreement with South Texas Development

Council and the City of Laredo under Chapter 791 of the Government code and authorizing the City Manager to execute said contract relating to the planning, development, operation and provisions of 9-1-1-service.  The term of this agreement shall be for two years beginning on the 1st day of September 2001, and ending on the 31st day of August 2003.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Abstain:  0

 

XII.     STAFF REPORT

           

34.  Status report on the installation of bus shelters Citywide.

 

Peter Behrman, General Manager from El Metro, gave a weekly update on the bus shelters.  He stated that twenty-four of the twenty-five Sun Shade Shelter are under construction.  He added that there is continuing conflict with Lamar Advertising Shelters but staff is working on reasonable solutions.  He stated that fifteen are under construction and twenty-seven have been identified.   

 

35.  Status report and possible action on the progress of the Secondary Water Supply

       Project.

 

Fernando Roman, Water Utilities Director, stated that only one company (United Water) out of the three proponents responded to the RFP.  The other two companies withdrew their participation in the project citing insufficient time to prepare the response or inability to prepare it.  The response by United Water was prepared in a form that did not conform to the requirements of the RFP reportedly also due to time constraints.  Council asked staff to find out from the firm what the time allowance for preparing response should be. 

 

United Water responded that it would take 90 to 120 days to prepare the response but that they would like to meet with staff first to discuss the format and express some mutually beneficial ideas.  U. S. Filter expressed their desire to be selected outside the current procurement procedure and stating that they probably would not respond to the current RFP fearing that the “open ended” question of the water source and the possibility of submittals with exceptions would bring about an inconclusive result.  H. B. Zachry responded that they have scheduled a meeting with the San Lorenzo partners (water source) to revisit the project, but that they could not comment before September 15.

 

Staff will meet with the parties as needed to look at the RFP issue.  If the RFP must be changed substantially, staff will recommend that the Council meet in a workshop to come up with a final procurement method and selection criteria.  This workshop will be scheduled as soon as staff can determine the need for it. 

 

36.  Presentation by the Traffic Safety Department regarding an appeal by Manuel Riojas

       on revocation of his taxicab permit for failure to maintain liability insurance.

 

Juan Morales, Traffic Safety Department, stated that in January 23, 2001, our department was notified that the taxi cab belonging to Mr.  Manuel Riojas was involved in an accident.   Staff completed a formal investigation and it was determined that Manual Riojas’ insurance had expired two months prior to the accident.  On March 6th a formal hearing was held in accordance with the ordinance and a recommendation was made to the City Manager to revoke the permit for not complying with the Ordinance. 

 

Mr.  Riojas, taxicab driver, asked Council to reinstate his permit.

 

Motion to reinstate the permit and be placed on for a six months probation period.

 

Moved:  Cm.  Guerra

Second:  Cm.   Bruni

For:     8                                        Against:  0                                            Abstain:  0

 

XIII.    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.

 

XIV.    RECESS AND CONVENE AS THE LAREDO MUNICIPAL HOUSING CORPORATION

 

Motion to recess as City Council and convene as the Laredo Municipal Housing Corporation.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                                               Against:  0                                            Abstain:  0

 

37.  2001-RMH-001  A resolution authorizing the Laredo Municipal Housing Corporation

(LMHC) to charge 80% of the updated Fair Market Rents (FMR), equivalent to $393.00 for a 2-bedroom, $492.00 for a 3-bedroom and $553.00 for a 4-bedroom, on all rental units that become vacant and are renovated; and 71% of the updated Fair Market Rents (FMR), equivalent to $349.00 for a 2-bedroom, $436.00 for a 3-bedroom and $491.00 for a 4-bedroom, on all occupied rental units that have not been completely renovated at the Jose A. Flores Apartments, effective October 1, 2001.  Fair Market Rents are updated annually by the U.S. Department of Housing & Urban Development (HUD).

 

Motion to approve.

 

Moved:  Cm.  Agredano

Second:  Cm.  Ramirez

For:     8                         Against:  0                                Abstain:  0

 

38.  2001-RMH-002  A resolution authorizing the Laredo Municipal Housing Corporation

(LMHC) to charge 71% of the updated Fair Market Rents (FMR), equivalent to $349.00 for a 2-bedroom and $436.00 for a 3-bedroom, on all rental units under the Fair Market Rent Program and $255.00 for a 2-bedroom and $280.00 for a 3-bedroom for rental units under the Low Income Program at the Tomas Flores Apartments, effective October 1, 2001.

 

Motion to approve.

 

Moved:  Cm.  Agredano

Second:  Cm.  Ramirez

For:     8                         Against:  0                                Abstain:  0

 

39.  2001-RMH-003  A resolution authorizing the adoption of the Laredo Municipal

Housing Corporation (LMHC) Annual Budget for Fiscal Year 2001-2002 by the LMHC Board of Directors, appropriating the estimated revenues of $1,386,706.00 and expenses in the amount of $1,219,049.00 reported therein for the year beginning October 1, 2001 and ending September 30, 2002 and authorizing the LMHC Director to implement the LMHC Annual Budget.

 

Motion to approve.

 

Moved:  Cm. Agredano

Second:  Cm.  Ramirez

For:     8                         Against:  0                                Abstain:  0

 

Motion to adjourn as the Laredo Municipal Housing Corporation and reconvene as City Council.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                                               Against:  0                                            Abstain:  0

 

XV.      ADJOURNMENT

 

            Motion to adjourn.                                                                                            Time:  9:40 p.m.

 

            Moved:  Cm.  Galo

            Second:  Cm.  Agredano

            For:     8                                               Against:  0                                            Abstain:  0

 

I, Gustavo Guevara, Jr., City Secretary, do hereby certify that the above minutes contained in pages 01 to 43 are true, complete, and correct proceedings of the City Council Meeting held on August 6, 2001.

 

 

                                                                        ___________________________________

                                                                        Gustavo Guevara, Jr.

                                                                        City Secretary