CITY
OF LAREDO
CITY COUNCIL
MEETING
M2001-R-29
LAREDO, TEXAS
78040
NOVEMBER
19, 2001
5:30 P.M.
I. CALL TO
ORDER
With a quorum present, Mayor Elizabeth G. Flores called the meeting to order.
Mayor Elizabeth G. Flores led in
the Pledge of Allegiance.
III. ROLL CALL
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
Gustavo Guevara, Jr., City Secretary
Larry Dovalina, City Manager
Cynthia Collazo, Assistant City Manager
Jaime Flores, City Attorney
Announcements
Cm. Ramirez announced that Mayor Pro Tem Valdez, City Manager Dovalina, and other city staff members met with the delegation from San Miguel de Allende and had good communications with them. He extended Thanksgiving wishes to everyone and their families and asked for prayers for those soldiers stationed overseas.
Cm. J. Valdez, Jr., wished everyone a good and safe Thanksgiving holiday.
Cm. Guerra wanted to thank staff on two issues: 1) he has received the report from the 77th Legislative Session concerning the Texas Border Infrastructure Coalition; and
2) action taken regarding some flooding problems in the older part of Del Mar Subdivision. He thanked staff for their assistance in coming up with a solution to this matter. He extended Happy Thanksgiving wishes to everyone.
Mayor Pro Tempore Valdez, Jr. thanked the City Manager and his staff for the work they continue to do for District V. He wished everyone in District V and the City of Laredo a blessed and happy Thanksgiving.
Cm. Amaya mentioned that there will be a distribution of turkeys to the less fortunate residents of District IV during the 2nd Annual Turkey Giveaway. Last year, over 60 turkeys were donated to needy families and tomorrow he expects to do even better. He thanked the local businesses who provided financial support to this and other District IV projects. He also thanked the people who have volunteered their time and dedication. He wished everyone a safe and happy Thanksgiving.
Cm. Galo stated that he had the good fortune of attending the Feast of Sharing where they served over 12,000 meals to the people. On a separate note, he mentioned that on the Punt-Pass and Kick competition, we had two ambassadors from Laredo. There is a 10-year old athlete, Ms. Agent, who qualified for the quarter finals by winning her division.
Cm. Bruni submitted the Southwest Texas Rain Enhancement Association reports for Flight #s 93 through 97 dated November 14, 2001, and Flight #s 98, 99, and R-21 dated November 15, 2001, for the record. He reminded everyone that the association does not seed over the metropolitan areas. He also wished the constituents in District II and the citizens in the City of Laredo a safe and happy Thanksgiving holiday.
Cm. Agredano extended good wishes and blessings to all his family, the citizens of Laredo, and his committee appointees.
Mayor Flores extended good wishes for a happy and safe Thanksgiving holiday to everyone in the City of Laredo. She also welcomed the new coordinator for the Customer Service Department, Eddie Zavala, who recently joined the city staff.
Invitations
None.
Recognitions
None.
Communiqués
None.
None.
VI. PUBLIC HEARINGS
1a. Public hearing for the voluntary annexation of Tract 1: UISD Tract-10.00 acres, more
or less; and
Motion to open the public hearing.
Moved: Cm. Bruni
Second: Cm. Galo
For: 8 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing.
Moved: Cm. Galo
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
1b. Public hearing for the voluntary annexation of Tract 2: Mejia Tract-0.34 acres, more
or less; and
Motion to open the public hearing.
Moved: Cm. Bruni
Second: Cm. Galo
For: 8 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing.
Moved: Cm. Galo
Second: Cm. J. Valdez, Jr.
For: 8 Against: 0 Abstain: 0
1c. Public hearing for the voluntary annexation of Tract 3: Heirloom Tract-13.67 acres,
more or less; and
Motion to open the public hearing.
Moved: Cm. Galo
Second: Cm. J. Valdez, Jr.
For: 8 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing.
Moved: Cm. J. Valdez, Jr.
Second: Cm. Galo
For: 8 Against: 0 Abstain: 0
1d. Public hearing for the voluntary annexation of Tract 4: FESCO Tract-66.126 acres,
more or less; and
Motion to open the public hearing.
Moved: Cm. Bruni
Second: Cm. Galo
For: 8 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing.
Moved: Cm. Galo
Second: Cm. Agredano
For: 8 Against: 0 Abstain: 0
1e. Public hearing for the voluntary annexation of Tract 5: Flores Tract-0.96 acres, more
or less; and
Motion to open the public hearing.
Moved: Cm. Galo
Second: Cm. Amaya
For: 8 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing.
Moved: Cm. Bruni
Second: Cm. Agredano
For: 8 Against: 0 Abstain: 0
1f. Public hearing for the unilateral annexation of Tract 6: Tex-Mex Railway Tract
228.6075 acres, more or less; and
Motion to open the public hearing.
Moved: Cm. Agredano
Second: Cm. Galo
For: 8 Against: 0 Abstain: 0
Keith Selman, City Planner, recommended that City Council close all the public
hearings rather than taking in additional action being that there will be two additional
public hearings in December.
Ron Whitehawk, representing Tex-Mex Railway, stated that this particular annexation
is an involuntary annexation. It is the same acreage and same location as was seen last
year which was ultimately not annexed by the City. He mentioned that the entire
acreage is used by the Tex-Mex Railway (Solano Railroad yard) and there will be no
surrounding development in terms of their own acreage as part of the Tex-Mex Master
Plan. He is recommending to City Council that the land not be annexed.
Motion to close the public hearing.
Moved: Cm. Galo
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
1g. Public hearing for the unilateral annexation of Tract 7: Lake/Life Downs Tract-
776.19 acres, more or less; and
Motion to open the public hearing.
Moved: Cm. Bruni
Second: Cm. Galo
For: 6 Against: 0 Abstain: 2
Cm. Amaya
Mayor Pro Tem Valdez
Pete Morales, Assistant Planning Director for Webb County, spoke on the County's
opposition to the annexation of this tract, specifically, the annexation of the Road and
Bridge Department facility. He stated that there is no revenue to the City from this
land and requested that City Council follow Planning and Zoning Commission's
recommendation to deny annexation of this property. He further stated that if L.I.F.E.
Downs were to be annexed, the paving ordinance requirement would kick in.
Mayor Flores stated that when the City decides to annex certain land, it does not
annex with a particular zone except for something that is already established.
Keith Selman, City Planner, agreed that it is City Council's discretion to bring certain
land in on a given zoning designation. In this particular case, he would not recommend
giving a property located on Hwy. 59 an M-2 zoning which is the least restrictive
zoning designation. He would recommend to City Council to let the property come in
under an AG zoning designation, stating that whatever is occurring, in terms of use of
property, would be allowed to occur under a non-conforming status. He stated that if
there ever was a transition into a more intensive use or expansion of the non-
conforming status, then they would come in and petition for a change through the zone
change process. On the issue of the paving requirement, the owners would be required
to pave the land as stated under the paving ordinance.
Cm. Galo also stated that he would not recommend an M-2 zoning designation and
would rather grant a conditional use permit instead of an M-2 designation.
Mayor Pro Tempore E. Valdez, Jr. inquired whether it is true that there are some other
M-2 uses in that area.
Keith Selman, City Planner, responded that he does not know whether there are other
M-2 uses in the area. He indicated that there are specific issues that must be resolved
and it is difficult to resolve said issues during this initial annexation hearing.
Tomas Rodriguez, Jr., Webb County Utilities Director, spoke about the issue and stated
that the County is against the annexation. He is most concerned about the Road and
Bridge Department complex that is already operating. He requests that the City
Council consider the M-2 zoning designation for that particular area. He stated that the
County already platted their property back in 1997 and spent about $235,000.00 to
$250,000.00 worth in sewer lines to properly develop the land. Now, he is asking that
City Council consider an M-2 zoning designation for this complex.
Cm. J. Valdez, Jr. stated that he recommends granting the County a conditional use
permit designation.
Motion to close the public hearing.
Moved: Cm. Bruni
Second: Cm. J. Valdez, Jr.
For: 8 Against: 0 Abstain: 2
Cm. Amaya
Mayor Pro Tem Valdez
1h. Public hearing for the unilateral annexation of Tract 8: Larga Vista Tract-36.26 acres,
more or less; and
Motion to open the public hearing.
Moved: Cm. Galo
Second: Cm. J. Valdez, Jr.
For: 8 Against: 0 Abstain: 0
Pete Morales, Assistant Planning Director for Webb County, stated that the only
opposition the County had to the annexation of this tract is the annexation of Lots 55
and 56. These are county-owned lots on which the Community Center is located. He
mentioned that the proposed zoning as an R-3 has been discussed at length with Keith
Selman. He pointed out that in the Land Development Code, the City requires a B-1
designation for government buildings. He, therefore, requests that the City Council
carve out those two lots and not annex them or if annexed, to grant the County a B-1
designation for these county-owned lots.
Motion to close the public hearing.
Moved: Cm. Bruni
Second: Cm. J. Valdez, Jr.
For: 8 Against: 0 Abstain: 0
1i. Public hearing for the unilateral annexation of Tract 9: Colombia Bridge Tract
137.8539 acres, more or less.
Motion to open the public hearing.
Moved: Cm. Agredano
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
Ray Rodriguez, attorney, spoke on behalf of Scibienski and Dolores Land Company
and Trust, fee simple title holders of the property underlying the proposed annexation.
The Scibienski Family did not receive timely notice of this proposed annexation. The
Dolores Family Trust has never received notice at all. Nevertheless, the land owners
are cooperating and looking forward to obtaining an M-1 zoning designation on said
property.
Motion to close the public hearing.
Moved: Cm. J. Valdez, Jr.
Second: Cm. Bruni
For: 8 Against: 0 Abstain
2. Public hearing and introductory ordinance authorizing the City Manager to amend the City of Laredo FY 2001-2002 annual budget in the amount of $180,866 for the Laredo Multi Agency Narcotics Task Force. Funding is available in the opening balance of the Narcotics Task Force Fund. Funding in the amount of $92,866 will be used to pay overtime and benefits. The additional amount of $88,000 will be used to match the grant from November 1, 2001 through May 31, 2002.
Motion to open public hearing.
Moved: Cm. Galo
Second: Cm. J. Valdez, Jr.
For: 8 Against: 0 Abstain: 0
There was no public input.
Motion to close public hearing and introduce.
Moved: Cm. Galo
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
Ordinance Introduction: City Council
3. Public hearing and introductory ordinance authorizing the City Manager to amend the City of Laredo FY 2001-2002 annual budget in the amount of $40,000 for overtime and travel expenses for four Laredo Police Department Investigators and four Webb County Narcotics Investigators from October 20, 2001 through September 30, 2002. This overtime is reimbursed 100% from an Organized Crime Drug Enforcement Task Force Agreement (OCDETF) in conjunction with the Federal Bureau of Investigation (FBI) and the United States Department of Justice.
Motion to postpone.
Moved: Cm. Galo
Second: Cm. Agredano
For: 8 Against: 0 Abstain: 0
VII. GENERAL
COUNCIL DISCUSSIONS AND PRESENTATIONS
4. A. Request by
Council Member Juan Ramirez
1. Discussion of contract between the City of Laredo and Laredo
Metro, Inc., with possible action.
Jaime Flores, City Attorney, explained that the contract between the City of Laredo and the Laredo Metro, Inc. is a contract entered into back in July, 1999, and addresses the responsibilities of Laredo Metro, Inc. and the City of Laredo.
Cm. Ramirez mentioned that he wants some concerns addressed in regards to the lack of a union contract.
Cm. Galo asked for clarification as to what exactly is the purpose of having the City Manager review the responsibilities of Laredo Metro, Inc. under the contract. He mentioned that he has received numerous complaints regarding the performance by Laredo Metro, Inc. He inquired whether the next step would be to submit a request for proposals.
Jaime Flores, City Attorney, stated that it would be appropriate for City Council to articulate specific complaints regarding their dissatisfaction with the performance by Laredo Metro, Inc. This is merely notice from the City Manager and City Council of their intent to look into the growing concerns rather than providing notice of termination of the existing contract. He advised that first, the City should consider giving notice to the transit system's management of the City Council's dissatisfaction with its performance. Then, the City Manager's Office could come back with a report to City Council as to what change came about. He stated that if there was no change, City Council could then proceed with requests for proposals and the actual notice.
Mayor Flores stated that members of City Council that are not satisfied with the contract should be given an opportunity to express their concerns.
Cm. Galo mentioned that his concerns revolve more around the way the employees are being treated. He stated that the complaints have been on the rise since the new management team has been in place and he would like to address those concerns.
Mayor Flores commented that there is a serious meltdown in the whole organization and she does not believe it is fair to the general manager or the employees. She also stated that this situation is something that can be remedied if the City Council takes quick action that is fair.
Motion to instruct the City Manager to provide notice to the Laredo Metro, Inc. General Manager of a possible termination of the contract.
Moved: Cm. Ramirez
Second: Cm. Amaya
For: 8 Against: 0 Abstain: 0
Larry Dovalina, City Manager, stated that the City would send a letter this week so the board members of Laredo Metro, Inc. may address this concern at their meeting of December 12, 2001.
Cm. J. Valdez, Jr. mentioned that he is primarily concerned with the employee complaints and would like to correct this as soon as possible.
Cm. Galo inquired whether the City needs to send a letter of termination or can the City go forward with its requests for proposals.
Jaime Flores, City Attorney, replied that it would be something that the City would do simultaneously.
4. Amending Chapter 19, Motor Vehicles and Truck Traffic, Article XI Truck Traffic by specifically amending Section 19-435, Permit Issuance, to increase the width limits for oversize loads from sixteen feet to seventeen feet and the height limit from fourteen feet six inches to fifteen feet at the World Trade Bridge; providing for severability, an effective date and publication.
Ordinance Introduction: City Council
5. Authorizing the City Manager to execute a lease agreement with ASA Group, Ltd., for approximately 3.135 acres (136,560.60 square feet) constituting Tract 6 of Block 1 and approximately 3.135 acres (136,560.60 square feet) constituting Tract 7 of Block 1 of the Subdivision Plat of the Laredo International Airport Terminal Subdivision located at the Laredo International Airport. Lease term is for forty (40) years commencing on December 1, 2001 and ending on November 30, 2041. Monthly rent shall be $4,100.00 and will be adjusted annually according to changes in the Consumer Price Index and further adjusted by fair market value appraisal on the 10th, 20th and 30th anniversaries; providing for an effective date.
Ordinance Introduction: City Council
Internet Available: www.ci.laredo.tx.us
Motion to waive final readings of ordinances 2001-O-260; 2001-O-261; 2001-O-
262; 2001-O-263; 2001-O-264; 2001-O-265; 2001-O-266; 2001-O-267; 2001-O-268; 2001-O-269; 2001-O-270; 2001-O-271; 2001-O-272; 2001-O-273; 2001-O- 274; and 2001-O-275.
Moved: Cm. Bruni
Second: Cm. Galo
For: 8 Against: 0 Abstain: 0
7. 2001-O-260 Amending the 2001-2002 Transit System budget by appropriating
$158,000 from fund balance and appropriating such funds as a reserve to
partially fund the acquisition of buses.
Motion to adopt Ordinance 2001-O-260.
Moved: Cm. Bruni
Second: Cm. Galo
For: 8 Against: 0 Abstain: 0
2001-O-261 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.
Motion to adopt Ordinance 2001-O-261 with correction as 2001-O-195.
Moved: Cm. Bruni
Second: Cm. Galo
For: 8 Against: 0 Abstain: 0
2001-O-262 Amending the City of Laredo Home Investment Partnerships Program
2001-2002 grant in the amount of $1,508,000.00 to reflect a $4,000.00
increase to Community Housing Development Organizations and
Administrative Costs, and authorizing the City Manager to implement
said budget amendment.
Motion to adopt Ordinance 2001-O-262.
Moved: Cm. Bruni
Second: Cm. Galo
For: 8 Against: 0 Abstain: 0
2001-O-263 Amending the City of Laredo 2001-2002 annual budget in the amount of
$30,000 for a Safe Streets Program Grant from the Texas Department of
Transportation. The Texas Department of Transportation will be
designating $22,500 and the City of Laredo will be designating $7,500 in
matching funds. Matching funds are available in the general funds
transfer in fund balance. (As amended)
Motion to adopt Ordinance 2001-O-263.
Moved: Cm. Bruni
Second: Cm. Galo
For: 8 Against: 0 Abstain: 0
2001-O-264 Authorizing the City Manager to amend the City of Laredo FY 2001-2002
annual budget in the amount of $125,000 to fund the Comprehensive
STEP (S.T.O.M.P) Program. The Texas Department of Transportation
will be designating $95,000 and the City of Laredo will be designating
$30,000 in matching funds. The match for this grant is available in
General Fund. The funding for this grant will be from October 1, 2001
through September 30, 2002.
Motion to adopt Ordinance 2001-O-264.
Moved: Cm. Bruni
Second: Cm. Galo
For: 8 Against: 0 Abstain: 0
2001-O-265 Authorizing the City Manager to amend the FY 2001-2002 budget in the
amount of $44,968 for the Medicaid Administrative Cost (MAC) Project
of the City of Laredo Health Department for the period beginning October
1, 2001, through September 30, 2002.
Motion to adopt Ordinance 2001-O-265.
Moved: Cm. Bruni
Second: Cm. Galo
For: 8 Against: 0 Abstain: 0
2001-O-266 Amending the FY 2001-2002 budget by transferring $59,217 in
unexpended program income from the FY 2000-2001 fund balance to the
current FY 2001-2002 budget for the Women and Children Health
Program of the City of Laredo Health Department for the period of
October 1, 2001, through September 30, 2002.
Motion to adopt Ordinance 2001-O-266.
Moved: Cm. Bruni
Second: Cm. Galo
For: 8 Against: 0 Abstain: 0
2001-O-267 Authorizing the City Manager to accept and execute all documentation
from the Texas Department of Health for the HIV/AIDS Prevention and
Education Project of the City of Laredo Health Department and
appropriate said budget in the amount of $153,470 for the period
beginning January 1, 2002, through December 31, 2002.
Motion to adopt Ordinance 2001-O-267.
Moved: Cm. Bruni
Second: Cm. Galo
For: 8 Against: 0 Abstain: 0
Motion to adopt Ordinance 2001-O-268.
Moved: Cm. Bruni
Second: Cm. Galo
For: 8 Against: 0 Abstain: 0
Motion to adopt Ordinance 2001-O-269.
Moved: Cm. Bruni
Second: Cm. Galo
For: 8 Against: 0 Abstain: 0
2001-O-270 Appointing Alfonso H. Ornelas, Jr., as Associate Municipal Court Judge
for the City of Laredo for a limit of two (2) years; providing for effective
date and severability.
Motion to adopt Ordinance 2001-O-270.
Moved: Cm. Bruni
Second: Cm. Galo
For: 8 Against: 0 Abstain: 0
2001-O-271 Closing as public easements those sections of:
A. Tacuba St. between the east right-of-way line of Union Pacific Railroad Company and the west right-of-way line of Sta. Maria Avenue including the intersections.
B. Davis Ave. between Chicago Street and the south right-of-way line of Ortiz Street.
C. Main Ave. between Chicago Street and the south right-of-way line of Ortiz Street.
Situated in the Western Division, City of Laredo, County of Webb, Texas; and,
D. Elm St. between Springfield and Monterrey Avenues including the intersections.
E. Sanders Ave. between Locust and Ash Streets.
F. Marcella Ave. between Locust and Ash Streets.
Situated in the Eastern Division, City of Laredo, County of Webb, Texas; and providing for an effective date.
Motion to adopt Ordinance 2001-O-271.
Moved: Cm. Bruni
Second: Cm. Galo
For: 8 Against: 0 Abstain: 0
2001-O-272 Closing the intersection of Jarvis Avenue at Market Street to vehicular
traffic traveling in a Northerly and Southerly direction by barricading at
the North and South right-of-way lines of said intersection, situated in the
Eastern Division, City of Laredo, County of Webb and providing for an
effective date. (As amended)
Motion to adopt Ordinance 2001-O-272.
Moved: Cm. Bruni
Second: Cm. Galo
For: 8 Against: 0 Abstain: 0
2001-O-273 Ratifying the City Manager’s acceptance of a grant in the amount of
$34,000.00 from the Environmental Protection Agency (EPA) and
amendment of the FY 2001-2002 annual budget for the NPDES fund by
appropriating the said grant revenue and local match of $10,000.00 to the
appropriate expenditure accounts. The grant monies will be used for
collection and disposal of Hazardous Materials from the Conditionally
Exempt Small Quantity Generator (CESQG). The local match is
available in the NPDES Fund.
Motion to adopt Ordinance 2001-O-273.
Moved: Cm. Bruni
Second: Cm. Galo
For: 8 Against: 0 Abstain: 0
2001-O-274 Authorizing the City Manager to execute a lease with Texas Migrant
Council for approximately 1,600 square feet constituting Suite No. 8 of
Building No. 134 located at 4603 Maher Avenue at the Laredo
International Airport. Lease term is for one (1) year and one (1) month
commencing on October 1, 2001 and ending October 31, 2002. Monthly
rent shall be $1,800.00; providing for an effective date.
Motion to adopt Ordinance 2001-O-274.
Moved: Cm. Bruni
Second: Cm. Galo
For: 8 Against: 0 Abstain: 0
2001-O-275 Authorizing the City Manager to execute a lease with Howland Surveying,
Co., Inc. for approximately 6,174 square feet constituting Suite No. 100
Building No. 170 located at 5103 Maher Avenue at the Laredo
International Airport. Lease term is for one year commencing on
December 1, 2001 and ending on November 30, 2002. Monthly rent shall
be $2,532.00; providing for an effective date.
Motion to adopt Ordinance 2001-O-275.
Moved: Cm. Bruni
Second: Cm. Galo
For: 8 Against: 0 Abstain: 0
8. 2001-R-130 Accepting the assignment of .645 acre feet of municipal water rights from
the balance of 21.33391 acre feet deeded to the City of Laredo by Richard
E. Haynes in payment of water availability charges in connection with the
final plat of James Haynes Industrial Park, Unit IV.
Motion to approve Resolution 2001-R-130.
Moved: Cm. Galo
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
9. 2001-R-132 Renaming of the park facility currently known as Zacate Creek Little
League Park located at Lyon Street and San Francisco Avenue to the Jose
“Pepe” Moreno Park in memory of his work with the youth of Laredo and
years of service to the Laredo Little League.
Motion to approve Resolution 2001-R-132.
Moved: Cm. Galo
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
10. 2001-R-136 Adopting the amended Parks and Recreation Master Plan, updated by
Carter and Burgess Engineering Firm, to better reflect the changing needs
of the community and prioritizing these park activities based on their
assessment of a survey and the input of community representatives
involved in this process.
Motion to approve Resolution 2001-R-136.
Moved: Cm. Galo
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
11. Consideration to amend Motion dated September 17, 2001, to correct amount of award to Lambda Construction I, Ltd., New Braunfels, from $2,418,000 to $2,428,000 due to bid summation error, for the Jefferson Street Water Treatment Plant 60 MGD High Service Pump Station. The amendment does not affect the bid results of Lambda Construction I, Ltd. of being the lowest bidder.
Motion to approve.
Moved: Cm. Bruni
Second: Cm. Amaya
For: 8 Against: 0 Abstain: 0
12. Consideration for acceptance of the Elevated Storage Tank Improvements Project and approval of final payment in the amount of $33,775.00 which includes a retainage reduction in the amount of $29,340.00 for the completion of the contract in the amount of $193,750.00. Funding is available in the Elevated Tanks Improvement Project-Retainage Payable.
Motion to approve.
Moved: Cm. Bruni
Second: Cm. Amaya
For: 8 Against: 0 Abstain: 0
13. Authorizing the City Manager to amend a contract with CH2MHILL
Engineers, of San Antonio, Texas, for an amount not to exceed $55,900.00 for a total contract of $250,900.00, for Project Management Services for the Secondary Water Supply Project. The services include evaluation of the proposals, presentation and discussion of the evaluation of proposals with the Water Issues Committee and City Council, preparation and review of draft Letter of Intent and preparation of the final Letter or Intent.
Motion to approve.
Moved: Cm. Bruni
Second: Cm. Amaya
For: 8 Against: 0 Abstain: 0
Motion to approve.
Moved: Cm. Bruni
Second: Cm. Amaya
For: 8 Against: 0 Abstain: 0
15. Consideration to amend a contract with Foster Engineering, Co., Laredo, Texas for $97,500.00 to include additional surveying services required to acquire easements for water and wastewater lines at Old Milwaukee. The amendment brings the total contract amount to $399,800.00. Funding is available in the Colonias Fund Project Engineering Fees Account.
Motion to approve.
Moved: Cm. Bruni
Second: Cm. Amaya
For: 8 Against: 0 Abstain: 0
16. Consideration to award contract number FY 02-022 to the Sole Bidder, Leno Industries, Inc., of Pittsfield, MA, in the amount of $182,443.00, for the purchase of an armored response vehicle for the Police Department. Delivery is anticipated within one hundred and twenty days. Funding is available in the Police Trust Fund.
Motion to approve.
Moved: Cm. Bruni
Second: Cm. Amaya
For: 8 Against: 0 Abstain: 0
17. Approving monthly adjustments to the tax roll. The amount to be adjusted for the month of October 2001 represents a decrease in levy of $8,881.82. These adjustments are determined by the Webb County Appraisal District and court orders.
Motion to approve.
Moved: Cm. Bruni
Second: Cm. Galo
For: 8 Against: 0 Abstain: 0
Motion to approve.
Moved: Cm. Bruni
Second: Cm. Galo
For: 8 Against: 0 Abstain: 0
19. Consideration to approve 28 General Fund Third Party Funding contracts. The contracts are for the Fiscal Year October 1, 2001 through September 30, 2002 and total $555,420.
Bringing Everyone Special Together $ 14,063
Border Area Nutrition Council $ 35,000
Boy’s & Girls Club of Laredo $ 90,000
Boy Scouts Gulf Coast Council $ 18,000
Casa de Misericordia $ 15,000
Catholic
Social Services $ 15,000
Club Olympia $
4,500
Communities in Schools
$ 15,000
Community Action Agency – Elderly
Nutrition Program $ 20,000
Community Action Agency – Meals on
Wheels $
19,000
Girl Scouts Paisano Council $
10,000
Int’l Sports Hall of Fame
$ 3,600
Laredo Crime Stoppers
$ 15,000
LISD Campus Crime Stoppers $ 7,500
Laredo Little Theater $ 27,055
Laredo Regional Food Bank $ 20,000
Laredo Webb County Child Welfare
Board $
5,202
Laredo Webb County Food Bank $ 30,000
Laredo Webb Neighborhood Housing
Service $
15,000
Laredo International Fair and
Exposition $
4,500
Literacy Volunteers of America $ 7,000
Rio Grande International Study
Center $
20,000
Rio Grande/Rio Bravo Basin
Coalition $ 5,000
Ruthe B. Cowl Rehabilitation
Center $ 75,000
Sacred Heart Children’s Home $ 5,000
South Texas Council on Alcohol and Drug
Abuse $ 10,000
Motion to postpone.
Moved: Cm. Bruni
Second: Cm. Amaya
For: 8 Against: 0 Abstain: 0
20. Consideration to approve
15 Hotel/Motel Fund Third Party Funding contracts. The contracts are for
the Fiscal Year October 1, 2001 through
September 30, 2002 and total $409,515.
Laredo Chamber of Commerce – Cola Blanca $ 9,000
LULAC #7 $ 5,000
LULAC #12 $ 5,000
Society of Martha Washington $ 10,000
Washington’s Birthday Celebration Association $ 23,000
Washington’s B-Day Celebration Assoc. Museum $ 15,000
Laredo Children’s Museum $ 50,000
Webb County Heritage Foundation $ 60,000
Laredo Center for the Arts $ 131,360
L.C.C. Dance/Music Community Productions $ 32,815
Laredo Philharmonic Chorale $ 2,340
Laredo Philharmonic Orchestra $ 37,000
T.A.M.I.U. Dance Productions $ 10,000
Border Olympics $ 9,000
Motion to postpone.
Moved: Cm. Bruni
Second: Cm. Amaya
For: 8 Against: 0 Abstain: 0
21. Status report from Rene Gonzalez regarding the State House and Senate interim charges for standing committees.
Rene Gonzalez, Laredo Development Foundation Intergovernmental Relations Representative, submitted the House and Senate Interim Charges for the 78th Legislative Session to the Mayor and City Council. He touched upon one charge from the House dealing with inspection stations which is a topic of interest to City Council. He stated that the Transportation Committee has asked that locations for inspection stations be reviewed during the interim session. A copy of said packet is available for review at the City Secretary's Office.
Cm. Galo inquired whether the City has made any progress on the inspection stations situation.
Rene Gonzalez stated that he was in Washington, D.C. and spoke to staffers from Senator Phil Gramm's office and Senator Kay Bailey Hutchinson's office. He mentioned that the Transportation Committee is fully aware of the City's concerns that these inspection stations should be located outside the city limits.
The City Council hereby reserves the right to go into executive session at any time during 0this 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.
22. Request for Executive Session pursuant to Texas Government Code 551.071 (1) (A) to
consult with City Attorney regarding pending litigation, Michael R. Adelman, and Dynamic Publishing and Distributing L.L.C. v. City of Laredo, a Municipal Corporation, Cause L-01-156, United States District Court Southern District of Texas, and return to open session for possible action.
Motion to go into Executive Session pursuant to Texas Government Code 551.071 (1)
(A) to consult with City Attorney regarding pending litigation, Michael R. Adelman,
and Dynamic Publishing and Distributing L .L. C. vs. City of Laredo, a Municipal
Corporation, Cause L-01-156, United States District Court Southern District of Texas,
and return to open session for possible action.
Moved: Cm. Amaya
Second: Cm. J. Valdez, Jr.
For: 8 Against: 0 Abstain: 0
After Executive Session, Mayor Flores announced that no formal action was taken.
23. Request for Executive Session pursuant to Texas Government Code 551.071 (1) (A) to
consult with City Attorney pending litigation, Richard J. Gonzalez and The Laredo
Morning Times and Jessica Kent v. The City of Laredo, Texas Mayor Betty Flores,
Council Members Alfredo Agredano, John Galo, Joe Guerra, Juan Ramirez and Eliseo
Valdez, Jr., Cause No. 2001-CVQ001229-D2, in the District Court, 111th Judicial
District, Webb County, Texas, and return to open session for possible action.
Motion to go into Executive Session pursuant to Texas Government Code 551.071 (1)
(A) to consult with City Attorney pending litigation, Richard J. Gonzalez and The
Laredo Morning Times and Jessica Kent v. The City of Laredo, Texas Mayor Betty
Flores, Council Members Alfredo Agredano, John Galo, Joe Guerra, Juan Ramirez and
EliseoValdez, Jr., Cause No. 2001-CVQ001229-D2, in the District Court, 111th
Judicial District, Webb County, Texas, and return to open session for possible action.
Moved: Cm. Amaya
Second: Cm. J. Valdez, Jr.
For: 8 Against: 0 Abstain: 0
After Executive Session, Mayor Flores announced that no formal action was taken.
24. Request for Executive Session pursuant to Texas Government Code 551.071 (1) (A) to
consult with City Attorney regarding pending litigation, Gilbert L. Leyendecker, and
wife, June G. Leyendecker, and Leyendecker Properties, Ltd. vs. The City of Laredo,
Texas, Alfredo Agredano, City Council Member, District I, Johnny Amaya, City
Council Member, District IV, Eliseo Valdez, Jr., City Council Member, District V, Joe
A. Guerra, City Council Member District VI, Jose Alberto Valdez, Jr., City Council
Member, District VII, Juan Ramirez, City Council Member, District VIII, in their
individual and official capacities, Cause No. 2001CVQ001635-D1, in the District
Court, 49th Judicial District, Webb County, Texas and return to open session for
possible action.
Motion to go into Executive Session pursuant to Texas Government Code 551.071 (1)
(A) to consult with City Attorney regarding pending litigation, Gilbert L. Leyendecker,
and wife, June G. Leyendecker, and Leyendecker Properties, Ltd. vs. The City of
Laredo, Texas, Alfredo Agredano, City Council Member, District I, Johnny Amaya,
City Council Member, District IV, Eliseo Valdez, Jr., City Council Member, District
V, Joe A. Guerra, City Council Member District VI, Jose Alberto Valdez, Jr., City
Council Member, District VII, Juan Ramirez, City Council Member, District VIII, in
their individual and official capacities, Cause No. 2001CVQ001635-D1, in the District
Court, 49th Judicial District, Webb County, Texas and return to open session for
possible action.
Moved: Cm. Amaya
Second: Cm. J. Valdez, Jr.
For: 8 Against: 0 Abstain: 0
After Executive Session, Mayor Flores announced that no formal action was taken.
25. Request for Executive Session pursuant to Texas Government Code Section 551.072 in
regards to deliberating the purchase, exchange, lease, or value of real property in the
North Laredo area, because deliberation in an open meeting would have a detrimental
effect on the position of the governmental body in negotiations with a third person; and
return to open session for possible action.
Motion to go into Executive Session pursuant to Texas Government Code Section
551.072 in regards to deliberating the purchase, exchange, lease, or value of real
property in the North Laredo area, because deliberation in an open meeting would have
a detrimental effect on the position of the governmental body in negotiations with a
third person; and return to open session for possible action.
Moved: Cm. Amaya
Second: Cm. J. Valdez, Jr.
For: 8 Against: 0 Abstain: 0
After Executive Session, Mayor Flores announced that no formal action was taken.
City of Laredo
City Council
Meeting
M2001-S-29
November 19, 2001
I.
GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS
1. a. Request by Council Member Juan Ramirez
Presentation by Dr. James M. Earhart regarding preservation of greenspace. (Sponsored by Council Member Juan Ramirez and Co-sponsored by Council Member Joe A. Guerra)
Dr. James Earhart made a presentation to City Council explaining the current preservation efforts being made around the city. He discussed the importance of preserving the woodland and wetland areas around the city. He mentioned that the Citizens Environmental Advisory Committee will be recommending that City Council adopt an ordinance to protect the remaining woodland, wetlands, and ponds in our community.
b. Request by Council Member Louis H. Bruni
Discussion with possible action to abolish or rescind all appointed Focus Groups
created to study privatization issues at the meeting of November 13, 2001, and have all privatization issues brought forth to the City Council and/or workshops. (Sponsored by Council Members Louis H. Bruni and Co-sponsored by Council Member Joe. A. Guerra)
Cm. Bruni stated that his only concern is that the last time that Mayor Flores appointed council members to focus groups, there were some issues of great importance to all the community that went before the focus groups. He feels that certain council members were not aware and informed as to what took place at these focus group meetings. He does not want the same thing to happen with the critical issue of privatization. He proposed that the City Council retain two of the three focus groups: the City Manager's Contract Focus Group and the Employee Focus Group. He would like to have all Council Members involved in the Benefit/Oversight Group so that they all share the information being provided by the two companies.
Motion to abolish the existing Employee Benefit/Oversight Group and create a new focus group that includes all City Council Members and allow the focus group to appoint a chairman.
Mayor Flores stated that she would not take that motion because the committees are committees that she has set up. She suggested that if Cm. Bruni wants to set up an additional committee and the City Council agrees to that, she would not have any objection. She emphasized that these committees are there to offer advise to the Mayor and as such she advises the community of their information. She stated that if he prefers, she would include the other two members of the Water Issues Committee to join the focus group.
Cm. J. Valdez, Jr. stated that his understanding is that the members of the focus groups will report to the City Council. He agrees with Cm. Bruni that everyone should be on the same committee in order to relay information to the public.
Cm. J. Valdez, Jr. seconded the motion initiated by Cm. Bruni relating to dissolution of the main focus group.
Mayor Flores voted not to take the motion.
Jaime Flores, City Attorney, stated that with regard to the Mayor's authority to appoint the ad hoc mayoral committees, she does hold that authority. He pointed out that this is a committee that she has created and the intent of this committee is to advise the Mayor. He did agree that City Council may create a similar committee of all the council members.
Cm. Galo stated that this is the same process that was applied with the sports arena project. He mentioned that those people that wanted to attend did, in fact, attend the meetings.
Mayor Flores asked whether Cm. Bruni wanted to make another motion to create another committee.
Cm. Bruni replied that he did not.
Jaime Flores, City Attorney, stated that his understanding was that this three-member committee would be the representatives of the full City Council involved in the negotiations of the contract. He explained that the motion to abolish the committee cannot be made because it has been created by Mayor Flores as an advisory group. He provided clarification that if this committee's purpose is to participate in the negotiations, it will create some confusion.
Larry Dovalina, City Manager, explained the process involved during the negotiations for the arena project. He stated that city staff went out and handled the minute details of everything and then they came back to the focus group with the major components of the contract. As the City went forward with the negotiations, they were approving those portions of the contract being reviewed. He mentioned that the focus group itself was not directly involved in the negotiations. This was done in order to move the process along and speed it up. He stated that if the opinion is that the City cannot sit and negotiate and that City Council has to be present during these negotiations, then he believes that the process will take a rather long time.
Cm. J. Valdez, Jr. mentioned that the focus groups do serve their purpose. He feels that in this issue of privatization, everyone needs to be informed of the minute details. A focus group makes suggestions as to what they prefer as far as particulars that are in the contract. He believes that the whole City Council should be involved and it would mean more if everyone is on the same page and is invited to make recommendations.
Mayor Flores explained that the Council Members can attend and participate at these meetings. The significance of the focus groups is that it serves as a good sounding board for the rest of the council members.
Cm. Bruni stated that if the Water Issues Committee can be part of the focus group, he will accept the appointment.
Mayor Flores appointed Cm. Bruni along with Cm. Guerra to the Main Focus Group along with Cm. Ramirez to the Employee Focus Group.
Following Mayor Flores's new appointments, the motion was withdrawn.
2. Authorizing the City Manager to execute a contract with Hawkins, Delafield &
Wood of New York in an amount not to exceed $250,000 to serve as Legal Council during contract negotiations pertaining to the privatization of the water and wastewater operations.
Motion to approve.
Moved: Cm. Galo
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
III. Adjourn.
Motion to adjourn. Time: 9:00 p.m.
Moved: Cm. J. Valdez, Jr.
Second: Cm. Amaya
For: 8 Against: 0 Abstain: 0
I, Gustavo Guevara, Jr., City Secretary,
do hereby certify that the above minutes contained in pages 01 to 24 are true,
complete, and correct proceedings of the City Council meeting held on November
19, 2001.
____________________________________
Gustavo Guevara, Jr.
City Secretary