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CITY OF LAREDO CITY COUNCIL MEETING M2002-R-012 CITY COUNCIL CHAMBERS 1110 HOUSTON STREET LAREDO, TEXAS 78040 JUNE 17, 2002 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, Mayor Pro Tempore, District I Hector “Tito” Garcia, Council Member, District II John C. Galo, Council Member, District III Johnny Amaya, Council Member, District IV Eliseo Valdez, Jr., Council Member, District V Gene Belmares, 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 Cynthia Collazo, Assistant City Manager Jaime Flores, City Attorney
IV. MINUTES
Approval of the minutes of May 7, 2002, May 8, 2002, May 13, 2002, and June 4, 2002.
Motion to approve.
Moved: Mayor Pro Tempore Agredano Second: Cm. E. Valdez For: 8 Against: 0 Abstain: 0
V. COMMUNICATIONS AND RECOGNITIONS
Announcements
None.
Invitations
None.
Recognitions
None.
Communiqués
Cm. Ramirez mentioned the removal of submerged concrete components around the Bridge I area.
Cm. Valdez congratulated the Parks and Recreation Department for the success of their summer program for children.
Cm. Belmares notified the public that there will be a meeting in his district for residents that reside on Del Mar from Fenwick to Candlewood. He said that staff would be there to answer any questions.
Cm. Galo notified the residents in Santa Rita of an up-coming project where Code Enforcement would be inspecting their subdivision for violations.
Cm. Garcia thanked the voters of District II for their support in the recent election. He went on to say that he looked forward to working with the Mayor, City Council Members, City Manager and staff.
Cm. Agredano thanked individuals for attending a flag raising ceremony at Hidalgo and Flores. He also invited the public to attend the ground breaking for the Laredo Community College in South Laredo.
Mayor Flores mentioned that has she recently returned from a conference at Madison, Wisconsin. She noted that Dodge and Chrysler named their new truck “Mayor of Truckville” in honor of all mayors across the country. She also noted that the U. S. Conference of Mayor’s mirrored the Council’s resolution opposing the one stop inspection facilities across border bridges. Finally, she noted that the U. S. Conference of Mayor’s voted to elect Laredo Mayor Elizabeth Flores to serve as a trustee for the U. S. Conference Mayors. Trustees provide leadership and guidance to the development and implementation of conference policy and programs. She read the following statement from Tom Cochran who is the Executive Director for the Conference,
“I am honored to welcome Mayor Flores as a new conference trustee. Her presence and experience will help ensure that the nation’s mayors establish and promote a strong agenda that addresses the needs of the American’s working families.”
She continued by saying that the U. S. Conference of Mayors is the official non-partisan organization of cities with populations of 30,000 or more. Each city is represented in the conference by a chief elected official “the Mayor”. The primary rolls of the Conference of Mayors are to promote the development of effective national urban and suburban policy; strengthen federal and city relationship; ensure that federal policy meets urban needs; provide mayors with leadership and management tools; and create a form in which mayors can share ideas and information”
VI. APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES
1. Appointments by Mayor Elizabeth G. Flores to City Council Committees
Audit Insurance Committee Cm. Amaya Cm. E. Valdez Cm. J. Valdez
Nominating Committee to the Convention and Visitors Bureau Advisory Committee Cm. Garcia Cm. Ramirez
Community Action Agency Advisory Board Cm. Agredano Cm. E. Valdez Cm. Ramirez
El Metro Transit Systems Committee Cm. Agredano Cm. Ramirez Cm. Amaya
Engineering Review Committee Cm. Galo Cm. Valdez Jr. Cm. Amaya
Health and Benefits Issues Committee Cm. Garcia Cm. Amaya Cm. E. Valdez
Laredo Metro Incorporated Cm. Agredano Cm. Amaya Cm. Juan Ramirez
Legislative Liasion Committee Cm. Garcia Cm. E. Valdez Cm. Belmares
Metro Government Committee Cm. Galo Cm. E. Valdez Cm. Belmares
Oil & Gas Review Committee Cm. Galo Cm. E. Valdez Cm. J. Valdez
Protocol Procedures and Customer Service Committee Cm. Galo Cm. Agredano
Rail Policy Committee Cm. Galo Cm. J. Valdez Cm. Ramirez
South Texas Development Council Cm. Agredano Cm. E. Valdez Cm. Amaya
Alternates by the City Manager
Street Committee Cm. Garcia Cm. Amaya Cm. Ramirez
Veterans Affairs committee Cm. Agredano Cm. Belmares Cm. J. Valdez Jr.
Water issues Committee Cm. Galo Cm. Amaya Cm. Belmares
Motion to confirm the appointments.
Moved: Cm. Galo Second: Cm. Amaya For: 8 Against: 0 Abstain: 0
2. Appointments by Council Member Johnny Amaya of:
John Charles - Citizens Environmental Advisory Committee.
Motion to confirm the appointment.
Moved: Cm. Galo Second: Mayor Pro Tempore Agredano For: 8 Against: 0 Abstain: 0
Carmen Ramirez - Plaza Theatre Renovation Committee.
Motion to confirm the appointments.
Moved: Cm. Galo Second: Mayor Pro Tempore Agredano For: 8 Against: 0 Abstain: 0
3. Appointments by Council Member Hector J. Garcia:
Rick Garza - Airport Advisory Committee Roberto Santos - Board of Adjustment Committee Carlos D. Garcia - Citizens Environmental Advisory Committee Aurora Juarez - Library Advisory Committee Alfredo Espinoza, Jr. - Parks and Recreation Advisory Committee Mercurio Martinez, III - Planning and Zoning Commission Victor Garcia - Telecommunications Advisory Committee Imelda Navarro - Third Party Funding Advisory Committee Calixto Sandoval - Transportation and Traffic Advisory Committee Minita Ramirez - Laredo Commission for Women Diana Garcia - Laredo Commission for Women Dr. Cecilia May Moreno - Charter Commission Erica Garcia - Plaza Theater Renovation Committee
Motion to confirm the appointments. . Moved: Cm. Galo Second: Cm. Amaya For: 8 Against: 0 Abstain: 0
4. Appointments by Council Member Gene Belmares:
Beto Trevino - Airport Advisory Committee Tony Trevino - Board of Adjustment Committee Jud Giplin- Citizens Environmental Advisory Committee Violet Marlowe- Library Advisory Committee Henry Mejia- Parks and Recreation Advisory Committee Orlando Navarro- Planning and Zoning Commission Raul Perales- Telecommunications Advisory Committee Dan Ryan- Third Party Funding Advisory Committee Rolli Ortiz- Transportation and Traffic Advisory Committee Bibi Flores- Laredo Commission for Women Lynn Nava- Laredo Commission for Women Jeff Puig- Charter Commission Tommie Gutierrez-Plaza Theater Renovation Committee Michael Yoder - Tree Advisory Committee Susan Carlson - Historic District and Landmark Board Jimmy Deliganis - Cemetery Advisory Committee
Motion to confirm the appointment.
Moved: Cm. Galo Second: Mayor Pro Tempore Agredano For: 8 Against: 0 Abstain: 0
VII. PUBLIC HEARINGS
1. Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by authorizing the issuance of a Special Use Permit to Larinco, Ltd. for a mini-storage facility on 3.47 acres, as further described by metes and bounds in attached Exhibit "A", located south of Jacaman Road and west of Saldaña Avenue; providing for publication and effective date. The Planning and Zoning Commission has recommended approval of the proposed Special Use Permit with conditions.
Motion to open the public hearing.
Moved: Mayor Pro Tempore Agredano Second: Cm. Amaya For: 8 Against: 0 Abstain: 0
Henry Mejia, representing the applicant, spoke in favor of the zone change.
Motion to close the public hearing and introduce.
Moved: Cm. E. Valdez Second: Cm. Amaya For: 8 Against: 0 Abstain: 0
Ordinance Introduction: Cm. E. Valdez
2. Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lots 1 and 2, Block 408, Eastern Division, located at 519 East Saunders Street from B-3 (Community Business District) to B-4 (Highway Commercial District); providing for publication and effective date. The Planning and Zoning Commission has recommended denial of the proposed zone change.
Motion to open the public hearing.
Moved: Cm. Galo Second: Cm. Amaya For: 8 Against: 0 Abstain: 0
Ron Whitehawk, representing the applicant, noted that the applicant wishes to amend the application to a Conditional Use Permit. He asked Council to postpone the item for 30 days.
Motion to close the public hearing and postpone for 30 days.
Moved: Cm. Amaya Second: Cm. J. Valdez For: 8 Against: 0 Abstain: 0
3. Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by authorizing the issuance of a Special Use Permit to East Country Limited for a mini-storage facility on 3.8955 acres, as further described by metes and bounds in attached Exhibit "A", located at the 3500 Block of Del Mar Blvd.; providing for publication and effective date. The Planning and Zoning Commission has recommended approval of the proposed Special Use Permit with a condition.
Motion to postpone for next City Council meeting.
Moved: Cm. Galo Second: Mayor Pro Tempore Agredano For: 8 Against: 0 Abstain: 0
4. Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lots 7 and 8, Block 1149, Eastern Division, located at 2020 Chihuahua St., from R-O (Residential/Office District) to B-3 (Community Business District); providing for publication and effective date. The Planning and Zoning Commission has recommended approval of the proposed zone change.
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 and introduce.
Moved: Cm. Galo Second: Cm. Amaya For: 8 Against: 0 Abstain: 0
Ordinance Introduction: Cm. Galo
5. Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lot 7, Block 251, Eastern Division, located at 1802 Cedar Avenue, from R-3 (Mixed Residential District) to B-3 (Community Business District); providing for publication and effective date. The Planning and Zoning Commission has recommended denial of the proposed zone change and approval of the Conditional Use Permit with conditions.
Motion to open the public hearing.
Moved: Cm. Galo Second: Cm. Amaya For: 8 Against: 0 Abstain: 0
Paula Avila, applicant, explained that she has seven machines but they are not used at the same time.
Motion to close the public hearing and introduce as a Conditional Use Permit without the restriction limiting the number of sewing machines.
Moved: Cm. Galo Second: Cm. J. Valdez For: 8 Against: 0 Abstain: 0
Ordinance Introduction: Cm. Galo
6. Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lot 8, Block 364, Western Division located at 1819 San Eduardo Avenue from B-1 (Limited Commercial District) to B-3 (Community Business District); providing for publication and effective date. The Planning and Zoning Commission has recommended denial of the proposed zone change and approval of a Conditional Use Permit with conditions.
Motion to open the public hearing.
Moved: Mayor Pro Tempore Agredano Second: Cm. Galo For: 8 Against: 0 Abstain: 0
Eleonor Coronado spoke against the zone change but would agree to a conditional use permit.
Motion to close the public hearing and introduce as a Conditional Use Permit.
Moved: Cm. Ramirez Second: Cm. J. Valdez For: 8 Against: 0 Abstain: 0
Ordinance Introduction: Cm. Ramirez
7. Public hearing and introductory ordinance amending the City of Laredo FY 2001-2002 budget by appropriating additional revenues in the amount of $8,190.00 for the Tuberculosis Prevention/Control Federal Project of the City of Laredo Health Department for the period beginning January 1, 2002, through December 31, 2002.
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 and introduce.
Moved: Mayor Pro Tempore Agredano Second: Cm. Amaya For: 8 Against: 0 Abstain: 0
Ordinance Introduction: Cm. Ramirez
8. Public hearing and introductory ordinance amending the City of Laredo FY 2001-2002 budget by appropriating additional funds in the amount of $41,836.00 for the HIV/AIDS Health and Social Services Project of the City of Laredo Health Department for the period beginning September 1, 2001 through August 31, 2002.
Motion to open the public hearing.
Moved: Cm. Galo Second: Mayor Pro Tempore Agredano For: 8 Against: 0 Abstain: o
There was no public input.
Motion to close the public hearing and introduce.
Moved: Mayor Pro Tempore Agredano Second: Cm. Amaya For: 8 Against: 0 Abstain: 0
Ordinance Introduction: Cm. Ramirez
9. Public hearing and introductory ordinance amending Chapter 30 of the Code of Ordinance of the City of Laredo, Texas to include Section 30-4 Credit Card Payment Processing Fee to establish a credit card payment-processing fee for the payment of property taxes. The fee will be based on the amount of payment processed.
Motion to open the public hearing.
Moved: Cm. Galo Second: Cm. Amaya For: 8 Against: 0 Abstain: 0
There was no public input.
Cm. Galo expressed the desire for each person to pay the same percentage regardless of the tax amount.
Motion to close the public hearing and introduce with payment fee as amended.
Moved: Cm. Galo Second: Cm. Amaya For: 8 Against: 0 Abstain: 0
Ordinance Introduction: City Council
10. Public hearing allowing interested persons to comment on the 2002 Consolidated Plan which identifies the projects proposed to be funded by the U.S. Dept. of Housing and Urban Development through the 28th Action Year Community Development Block Grant (CDBG), the 2002 HOME Investment Partnerships Program (HOME), and the 2002 Emergency Shelter Grant (ESG). The projects are as follows:
28th AY Community Development Block Grant
Community Development Administration $585,298 Housing Rehabilitation Administration $219,464 Housing Rehabilitation Loan Program $300,000 Code Enforcement $315,819 Graffiti Removal Program $ 29,362 Hamilton Hotel Section 108 Loan Repayment $200,000 Sidewalk Approaches to Schools (Districts I-VIII, except VI) $598,889 Chacon Creek Acquisition - Phase III (Includes program income $78,668 of $78,667) El Eden Recreation Center (design) $200,000 Santa Rita Park - Phase III $500,000 Zacate Creek - Phases III, IV, V $580,000 South Laredo Park - Phase II $300,000 West Laredo Park (acquisition & design) $400,000 El Cuatro Park - Phase II $100,000 ADA Improvements (includes program income of $11,833) $50,000
Home Investment Partnerships Grant
HOME Program Administration $150,000 Down Payment Assistance $825,000 Tenant-Based Rental Assistance $300,000 Community Housing Development Organizations $225,000
2002 Emergency Shelter Grant
ESG Program Administration $3,000 Homeless Prevention Program $45,900 Homeless Shelter Program (Operations) $104,100
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. Galo Second: Mayor Pro Tempore Agredano For: 8 Against: 0 Abstain: 0
11. Public hearing and introductory ordinance amending the City of Laredo FY 2001-2002 Veteran's Field Fund annual budget by appropriating revenues in the amount of $18,000.00 from General Fund and appropriating the expenditure line item for the Tecolotes de Los Dos Laredos contract by $18,000.00. The transfer is for the increases in Immigration and Naturalization fees, American Consulate fees, and Mexican Consulate fees pertinent to bridge crossings. Motion to open the public hearing.
Moved: Mayor Pro Tempore Agredano Second: Cm. E. Valdez For: 8 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing and introduce.
Moved: Cm. Galo Second: Mayor Pro Tempore Agredano For: 8 Against: 0 Abstain: 0
Ordinance Introduction: City Council
12. Public hearing and introductory ordinance authorizing the City Manager to amend the City of Laredo's 2001-2002 annual budget in the amount of $5,204.00 to fund the Laredo Multi-Agency Narcotics Task Force and amend the current number of grant funded Full-Time Equivalent positions from 11 to 11.5 with the addition of .5 for a Custodian. The Office of the Governor, Criminal Justice Division will be designating $998,115.00, and the City of Laredo and participating agencies will designate $334,778.00 in matching funds for a total amount of $1,332,893.00. Funding will be used to pay salaries, fringe benefits, direct operating expenses, and equipment from June 1, 2002 through May 31, 2003; and accepting the grant in the same amount.
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 and introduce.
Moved: Mayor Pro Tempore Agredano Second: Cm. Belmares For: 8 Against: 0 Abstain: 0
Ordinance Introduction: City Council
13. Public hearing and introductory ordinance accepting a grant awarded from the United States Department of Justice, Community Oriented Policing Services in the amount of $3,000,000.00 and amending the City of Laredo's FY2001-2002 annual budget in the amount of $5,308,520.00 to fund the COPS program. The United States Department of Justice will be designating $3,000,000.00 and the City of Laredo will be designating $2,308,520.00 in matching funds for a total of $5,308,520.00 for a three year funding period of the "Universal Hiring" program beginning March 1, 2002 through February 28, 2005.
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 and introduce.
Moved: Mayor Pro Tempore Agredano Second: Cm. Amaya For: 8 Against: 0 Abstain: 0
Ordinance Introduction: City Council
14. Public hearing and introductory ordinance accepting a grant awarded by the Criminal Justice Division, Office of the Governor for the amount of $51,652.00 and amending the City of Laredo's 2001-2002 annual budget in the amount of $299.00 to fund the Juvenile Accountability Incentive Block Grant. The Office of the Governor, Criminal Justice Division is contributing $51,652.00 with the City of Laredo designating $5,739.00 in matching funds. This funding will be used to pay for the salaries and fringe benefits of an Administrative Assistant II position and to purchase the necessary equipment to expand information within its current intelligence database for its juvenile program. Grant period is from August 1, 2002 through July 31, 2003.
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 and introduce.
Moved: Mayor Pro Tempore Agredano Second: Cm. Valdez For: 8 Against: 0 Abstain: 0
Ordinance Introduction: City Council
VIII. GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS
15. A. Request by Council Member John C. Galo
1. Discussion concerning the complaints regarding the new trash can system, with possible action.
Cm. Galo expressed his concerns about the new trash can system.
John Orfila, Recycle Coordinator, noted that staff issues one container per house hold.
Joe Guerra, Public Works Director, added that the City is trying to reduce the amount of garbage for each household. He said that a container holds 96 gallons which should be enough for a household of six people.
Cynthia Collazo, Assistant City Manager, noted that families may obtain another container for an additional seven dollars a month.
Mayor Flores encouraged individuals to recycle. She also asked the media to reach out to the public about the importance of recycling.
2. Discussion concerning the grass growing in the streets and standing water, with possible action.
Joe Guerra, Public Works Director, noted that individuals waste extremely too much water. He said that staff has issued citations to violators; however, certain individuals are not conservative with water and corrective measures cost taxpayers money.
B. Request by Council Member Eliseo Valdez, Jr.
1. Discussion with possible action on the maintenance of Casa Verde Road. Request to do road work, grading, leveling, and a coat of emulsion, and to initiate plans for paving the road.
Joe Guerra, Public Works Director, said that staff recently completed the project. He went on to say he would pave the road once funding was identified.
2. Discussion with possible action on developing a plan to deal with the water table problem at Calton Road and McPherson and the surrounding area. (Co-sponsored by Council Member John C. Galo)
Larry Dovalina, City Manager, gave a comprehensive report about the problems at Calton Road and McPherson. He pointed out that the area used to be a creek until developers began building structures. He added that the area is full of underground water. He also stated that staff has been in touch with a business owner that is having problems and they have offered him several solutions, to no avail.
Rogelio Rivera, City Engineer, explained the different proposals which have been explained to the businessman. He mentioned that the property owner needs to meet the City half way.
Larry Dovalina, City Manager, said he would continue to work with the property owner to search for a win-win situation.
3. Status report regarding traffic lights studied and scheduled for installation; and discussion on the criteria established by Council for the study, installation, and prioritizing of such lights, with possible action.
Roberto Murillo, Traffic Director, mentioned that he provided the Council Members a list of all the signals that staff is currently working on in their packet. He said that the prioritization criterion was established in 1997.
Cm. Valdez expressed concern for the funding needed for traffic lights.
Larry Dovalina, City Manager, acknowledged the importance of a traffic light project. He said that he has directed the Traffic Director, to give a presentation to Council regarding traffic lights, synchronizations and other issues that affect the issue. He also directed him to come up with the capital funds necessary to fund particular lights. He added that the lights were originally funded from the bridge revenues and that was not possible at this time.
C. Request by Council Member Gene Belmares
1. Discussion with possible action regarding the creation of a Resolution for an Interlocal Agreement between the City of Laredo and the Texas Department of Transportation for the conveyance of two radar speed units.
Cm. Belmares discussed the following conditions from the Texas Department of Transportation for the conveyance of two radar speed units:
1. A monthly schedule submitted where the units will be used. 2. They are to be relocated every two weeks to different school locations. 3. Texas Department of Transportation is notified when the units are not used and where they are parked. 4. City allows Texas Department of Transportation to inventory the equipment on a yearly basis.
Cm. Belmares also asked staff for policemen detail for enforcement and that the Transportation and Traffic Safety Committee be an intricate part in creating the schedule for the radar units.
Larry Dovalina, City Manager, suggested setting up an initial formula for creating a schedule.
Roberto Murillo, Traffic Director, noted that there will be areas that require permission to place the radar units.
Cm. J. Valdez suggested working with the Metro Government Committee for special permission to place the radar units.
D. Request by Council Member Jose A. Valdez, Jr.
1. Discussion with possible action regarding the implementation and expansion of a neighborhood watch program in District VII.
Agustin Dovalina, Police Chief, noted that Community Relations, from the Police Department, has been in touch with the interested residents from District VII and they are ready to initiate the program.
Cm. J. Valdez requested staff to reach out to the public to advise them of the neighborhood watch program.
E. Request by Council Member Juan Ramirez
1. Discussion with possible action regarding improving the Civic Center pool and discussion on the number of people allowed into the pool area.
Horacio De Leon, Parks Director, reported that the 250 occupancy for the pool area was established by City staff based on criteria provided by Texas Municipal League. He then informed the Council Member that TML will be reevaluating the pool facilities next week. He said that he would be working with TML for suggestions. Finally, he said that a feasibility report is currently underway for the water park and that staff may be able to get ideas from the report.
Larry Dovalina, City Manager, said that the proposed Inner City Park will alleviate waiting lines at the pools.
Cm. Ramirez requested repairs to the pool area. He also requested more lawn chairs and swimming pampers and a shade port with a back drop curtain.
Motion to get cost estimates on the items for the pool.
Moved: Cm. Ramirez Second: Cm. Agredano For: 8 Against: 0 Abstain: 0
2. Status report on the removal of debris from the old bridge.
Rogelio Rivera, City Engineer, reported that the employees from A & R Demolition are carefully stock piling big pieces of concrete for removal. The project will be complete in five weeks
3. Status report on the property north of the railroad tracks on Juarez, Lincoln, Convent and Flores.
Rogelio Rivera, City Engineer, said that staff provided a map identifying the areas from Davis to San Agustin. He noted that the empty areas are the ones that has been vacated and are owned by Tex-Mex.
4. Status report on the reconstruction of Santa Maria.
Rogelio Rivera, City Engineer, informed that the reconstruction of Santa Maria is a very difficult project. He went on to say that staff had to reconstruct 30 blocks because all the utilities had to go underground. Finally, he said that the project is 50% complete.
IX. INTRODUCTORY ORDINANCES
16. Closing as public easements those sections of: Mendiola Avenue between Palo Blanco and Bayard Street, excluding the intersections; and Thurman Street between Tapeyste and Mendiola Avenues all situated in the Eastern Division, City of Laredo, Webb County, Texas; and providing for an effective date.
Ordinance Introduction: City Council 17. Closing as public easement that section of Urbahn Avenue between Palo Blanco and Thurman Streets situated in the Eastern Division, City of Laredo, Webb County, Texas, and providing for an effective date.
Ordinance Introduction: City Council
18. Authorizing the City Manager to execute all necessary documents to effectively convey fee simple title to the "Surface Only" at its market value of $7,494.00.00, for certain property described as a 4,654.82 sq. ft. tract of land, more or less, out of the south 83.78' of McDonnell Avenue between Ryan and Taylor Streets to Manuel Patiño, Jr. and wife Margarita G. Patiño said tract of land situated in the Eastern Division, City of Laredo, Webb County, Texas; being described on Exhibit "A"; and providing for an effective date.
Ordinance Introduction: City Council
19. Authorizing the City Manager to execute a lease with Aura Inc., d/b/a The Education Center for approximately 4,308 square feet constituting Building No. 1169 located at 4407 Foster Avenue located at the Laredo International Airport. Lease term is for six (6) months commencing July 1, 2002 and ending on December 31, 2002. Monthly rent shall be $2,100.00; providing for an effective date.
Ordinance Introduction: City Council
20. Authorizing the City Manager to execute a lease with Dairy Process, Inc. for approximately 2,600 square feet constituting Building 1006 located at 4608 Daugherty Avenue. Lease term is for ten (10) years commencing on July 1, 2002 and ending on June 30, 2012 and may be extended for two (2) terms of five (5) years each ending on June 30, 2017 and June 30, 2022. However, Lessee may terminate lease upon giving a 60-day written notice to Lessor. Monthly rent shall be $650.00 and will be adjusted annually according to changes in the Consumer Price Index and further adjusted by Fair Market Value appraisal on the tenth (10th) anniversary; providing for an effective date.
Ordinance Introduction: City Council
X. FINAL READING OF ORDINANCES
Motion to waive the final readings of Ordinance # 2002-O-119, # 2002-O-120, # 2002-O-121, # 2002-O-122, # 2002-R-123, # 2002-O-124 and # 2002-O-125.
Moved: Cm. Galo Second: Mayor Pro Tempore Agredano For: 8 Against: 0 Abstain: 0
21. 2002-O-119 Amending the City of Laredo's annual budget by increasing revenue and expenditure appropriations in the amount of $751,944.00 for the lease purchase of 30 police sedans for the Laredo Police Department. Funding is available in the Police Trust Fund.
Motion to adopt Ordinance # 2002-O-119.
Moved: Cm. Galo Second: Cm. Amaya For: 8 Against: 0 Abstain: 0
2002-O-120 Accepting a grant by the Texas Book Festival in the amount of $2,500.00 and amending the City of Laredo FY 2001-2002 annual budget in the amount of $2,500.00; providing effective date.
Motion to adopt Ordinance # 2002-O-120.
Moved: Cm. Galo Second: Cm. Amaya For: 8 Against: 0 Abstain: 0
2002-O-121 Amending the City of Laredo FY 2002 annual budget in the amount of $5,000.00 for a grant from the National Endowment for the Humanities' General Preservation Assessment Grant Program; providing for effective date.
Motion to adopt Ordinance # 2002-O-121.
Moved: Cm. Galo Second: Cm. Amaya For: 8 Against: 0 Abstain: 0
2002-O -122 Amending the City of Laredo Fiscal Year 2002 Capital Improvement Fund annual budget by appropriating revenues of $75,100.00 in the form of transfers in from General Fund for $16,800.00 and Contractual Obligations for $58,300.00 and appropriating expenditures in the amount of $75,100.00 for the Eastwood Park Project.
Motion to adopt Ordinance # 2002-O-122.
Moved: Cm. Galo Second: Cm. Amaya For: 8 Against: 0 Abstain: 0
2002-O-123 Authorizing the City Manager to enter into and execute an oil and gas lease between the City of Laredo, as Lessor, and Pogo Producing Company, as Lessee, upon approximately 3.7 acres of City-owned land within a 40-acre drilling unit and including the following boundaries: the Eastern boundary of Columbia Street to the West; 50 feet North of the North boundary of Columbia Street to the North; the South boundary of Pecos Street to the South; and the original Laredo City Limits to the East, as reflected on the plat attached hereto as Exhibit "A", for a primary term of 3 years, and so long thereafter oil, gas and other minerals are produced from said land or lands with which said land is pooled thereunder. In exchange for this lease, Lessee shall pay to Lessor a 25% royalty payment on all oil and gas produced from said land, and in addition, Lessee shall tender to Lessor a signing bonus in the amount of $1,000.00 upon execution of the lease.
Motion to adopt Ordinance # 2002-O-123.
Moved: Cm. Galo Second: Cm. Amaya For: 7 Against: 0 Abstain: 1 Cm. Belmares
2002-O-124 Authorizing the City Manager to cancel the 1978 parking lot lease which was previously amended in July 2000, between Riverdrive Mall, Inc., and the City of Laredo now declaring the necessity to re-acquire the remaining two tracts of land of the lease, described as Block "X" and Block "Y" situated in the Western Division, Laredo, Webb County, Texas for a public purpose and public use in order to provide and enhance additional downtown local, tourist and visitor parking and shopping opportunities.
Motion to adopt Ordinance # 2002-O-124.
Moved: Cm. Galo Second: Cm. Amaya For: 8 Against: 0 Abstain: 0
2002-O-125 Granting Reliant Energy Entex, a division of Reliant Energy Resources Corp., and its successors, the right, privilege and franchise to construct, lay, maintain and operate pipelines and gas mains in, under, over, across and along, and to use present and future streets, alleys, public thoroughfares and grounds of the City of Laredo, for the purpose of transporting, distributing and selling gas (natural, artificial or mixed) for all purposes for which gas is or may be used to the municipality and inhabitants of said City of Laredo, Texas, and to any other person or persons, for a term of twenty years; providing for the manner of acceptance of this franchise by Entex; providing for payment by Entex to City for the rights and privileges granted by this franchise; and making miscellaneous provisions in connection therewith. [Third and Final Reading]
Motion to adopt Ordinance # 2002-O-125.
Moved: Cm. Galo Second: Cm. Amaya For: 8 Against: 0 Abstain: 0
XI. RESOLUTIONS
22. 2002-R-048 Authorizing and approving a Tax Abatement Agreement between the City of Laredo and Lack's Valley Stores, Limited, a.k.a. Laredo Lack's, Limited, in accordance with Ordinance 98-O-141 for Tax Abatement and Reinvestment Zones. This agreement will be for a five (5) year period to abate taxes on new improvements for the purpose of economic growth and development for the City, and for the creation of jobs. The amount of taxes abated depends on the number of jobs created and the amount of the investment. The guidelines and criteria for the agreement are set forth in the attached agreement and attachments.
Motion to approve Resolution 2002-R-048.
Moved: Cm. Galo Second: Cm. J. Valdez For: 8 Against: 0 Abstain: 0
23. 2002-R-050 Declaring the public necessity to acquire the "Surface Only" of one parcel of land for the Chacon Creek Improvements Project. Said parcel being Block 10, Villa Del Sol Subdivision, City of Laredo, Webb County; and authorizing staff to negotiate with the owner for the acquisition of said parcel by purchase at a market value to be established by a State Certified Real Estate Appraiser, and further authorizing the City Attorney to initiate condemnation proceedings to acquire said parcel if staff is unable to acquire through negotiations due to inability to agree to a purchase price, conflict of ownership, owner refusal to sell, and/or inability to locate the listed owner.
Motion to approve Resolution # 2002-R-050.
Moved: Cm. Galo Second: Cm. J. Valdez For: 8 Against: 0 Abstain: 0
24. 2002-R-051 Confirming the Mayor's appointments and reappointments to the Metropolitan Planning Organization (MPO) Policy Committee.
The appointees are as follows:
Cm. Galo, District III Cm. E. Valdez, Jr., District V Cm. J. Valdez, Jr., District VII
Motion to approve Resolution # 2002-R-051.
Moved: Cm. Galo Second: Cm. J. Valdez For: 8 Against: 0 Abstain: 0
25. 2002-O-052 Recalling the City's Director on the Webb County Appraisal District Board of Directors and casting all 1,058 City of Laredo votes for Council Member John C. Galo as the City's Director on the Webb County Appraisal District Board of Directors.
Motion to approve Resolution # 2002-R-052.
Moved: Cm. Galo Second: Cm. J. Valdez For: 8 Against: 0 Abstain: 0
26. 2002-R-053 Accepting the donation of two (2) portable radar speed units from the Texas Department of Transportation that were acquired through a traffic safety grant for use in monitoring speed within school zones subject to the conditions of the original traffic safety grant.
Motion to approve Resolution # 2002-R-053.
Moved: Cm. Galo Second: Cm. J. Valdez For: 8 Against: 0 Abstain: 0
XII. MOTIONS
27. Authorizing the City Manager to execute an extension agreement to the Maintenance Service Contract between the City of Laredo and Transcore for the maintenance of the Bridge System Toll equipment. Maintenance agreement extension will be through the end of fiscal year 2001-2002 and not to exceed $40,000.00.
Motion to approve.
Moved: Cm. Galo Second: Mayor Pro Tempore Agredano For: 8 Against: 0 Abstain: 0
28. Adopting a schedule of hearings and proceedings for voluntary and unilateral annexations for calendar year 2002, in accordance with Section 43.052 of the Texas Local Government Code.
Motion to approve.
Moved: Cm. Galo Second: Mayor Pro Tempore Agredano For: 8 Against: 0 Abstain: 0
29. Authorizing the selection of a consultant and enter negotiations for the ADA Paratransit Plan Update for Laredo, Texas. The consultant recommended for selection is A & R Consulting. The Metropolitan Planning Organization has budgeted $50,000.00 for this project using federal planning grant (PL112) funds.
Motion to approve.
Moved: Cm. Galo Second: Mayor Pro Tempore Agredano For: 8 Against: 0 Abstain: 0
30. Authorizing the selection of a consultant and enter negotiations for the Bus Rapid Transit Plan for Laredo, Texas. The consultant for selection is Parsons Brinckerhoff Quade & Douglas, Inc. The Metropolitan Planning Organization has budgeted $89,214.00 for this project using federal planning grant (PL112) funds.
Motion to approve.
Moved: Cm. Galo Second: Mayor Pro Tempore Agredano For: 8 Against: 0 Abstain: 0
31. Consideration for approval of the selection of consultant Armando Hinojosa, Artist/Sculptor, Laredo, Texas, for the Veteran's Monument Project and authorization to negotiate a professional services contract. Funding is available in the Capital Improvement Fund Veteran's Monument Project.
Jose Diaz De Leon encouraged Council to recognize the monument designed by Jorge Sanchez. He was opposed in the selection of consultant Armando Hinojosa, Artist/Sculptor for the Veteran’s Monument Project. He noted that Armando Hinojosa did not spend any time with the Veteran’s Group and did not submit a complete RFP. He requested for the monument to include Hispanic names only. Finally, he said that if the Council agrees with staff’s recommendation that it will set the project back.
Jesus Hernandez, spoke in favor of selecting Mejia Engineering/Jorge Sanchez for the design of the monument.
Cm. Agredano reiterated Jose Diaz De Leon by stating that Armando Hinojosa never attended the meeting in reference to the monument. He said he would like to see the project awareded to Mejia Engineering/Jorge Sanchez.
Cm. Galo expressed his dissatisfaction of a City employee involved with soliciting business for himself. He said that the employee has a history of soliciting business for himself and feels that it is a conflict of interest.
Larry Dovalina, City Manager, stressed that he has contacted the director of the employee and conveyed to him that he is not in favor of the employee soliciting for a contract while he is an employee.
Horacio De Leon, Parks and Recreation Director, said that the Veterans Advisory Committee did vote in favor of Mejia Engineering/Jorge Sanchez. He did say that Armando Hinojosa was never notified of the meetings and he was not asked to participate in the Veterans meetings. He mentioned that the consultant did reply to the RFP and the normal process must be followed.
Cm. Galo spoke in favor the monument but noted that the recognition for the monument should not be limited to Hispanic names.
Jaime Flores, City Attorney, said the charter prohibits an employee to have a financial interest in the City. He said that the employee will forfeit his job today if Council agrees to award Mejia Engineering/Jorge Sanchez the contract. He noted that the employee does not have a conflict of interest unless Council awards the contract to him.
Jose Diaz De Leon informed Council that Jorge Sanchez started working with the Veterans Committee long before he was an employee for the City of Laredo.
Motion to approve staff’s recommendations.
Moved: Cm. Ramirez Second: Cm. Garcia For: 6 Against: 2 Abstain: 0 Cm. Amaya Mayor Pro Tempore Agredano
32. Consideration to award a construction contract to the lowest bidder, Pete Gallegos Paving, Inc., Laredo, Texas, for the Eastwoods Park Project in the negotiated bid amount of $162,869.50. Funding is available in the Capital Improvements Fund-Eastwoods Park.
Motion to approve.
Moved: Cm. Galo Second: Mayor Pro Tempore Agredano For: 8 Against: 0 Abstain: 0
33. Consideration to award the following annual contract for repair parts for lawn maintenance equipment: Turf & Irrigation Hardware, Corpus Christi, Texas, in the estimated amount of $10,000.00, Luber-Brothers, Inc. Bethany, Oklahoma, in the estimated amount of $10,000.00 and Jones Equipment & Turf, Inc., Forth Worth, Texas, in the estimated amount of $10,000.00. All parts will be purchased on an as needed basis. Funding is available in the Fleet Maintenance budget.
Motion to approve.
Moved: Cm. Galo Second: Mayor Pro Tempore Agredano For: 8 Against: 0 Abstain: 0
34. Consideration to award contract number FY 02-108 to the low bidders meeting specifications for the purchase of safety footwear for City maintenance personnel. Contract pricing has been secured for boot styles approved for City maintenance personnel. Each department will have the option to choose the type of boot best suited for the work environment and budget allocation. All safety footwear is purchased on an as needed basis from the respective departmental budgets. Contracts are recommended for the following vendors.
Iron Age, San Antonio, Texas $15,075.00 Gateway Uniform Service, Laredo, Texas $12,395.00 Mission Western, Mission, Texas $12,151.25 Skaggs, San Antonio, Texas $10,380.00 Mike's Western Wear, Laredo, Texas $ 1,260.00 Army & Navy Store (Casa Raul), Laredo, Texas $ 862.50
Motion to approve.
Moved: Cm. Galo Second: Mayor Pro Tempore Agredano For: 8 Against: 0 Abstain: 0
35. Approving monthly adjustments to the tax roll. The amount to be adjusted for the month of May 2002, represents an increase in levy of $31,676.88. These adjustments are determined by Webb County Appraisal District and court orders.
Motion to approve.
Moved: Cm. Galo Second: Cm. Garcia For: 8 Against: 0 Abstain: 0
36. Refund of property tax to the following taxpayers and companies:
a. A refund in the amount of $576.76 payable to Kenneth A. & Cristina L. Valls due to a double payment made by the taxpayer and the mortgage company. b. A refund in the amount of $2,439.75 payable to Armando E. & Carolyn Lopez due to a triple over payment for the past three years by the taxpayer and the mortgage company. c. A refund in the amount of $614.51 payable to Carmen Isis Estimbo due to a double payment made by the mortgage company and by a title company. d. A refund in the amount of $955.94 payable to IBOC-McAllen due to an over- payment made by the owner and the Mortgage Bank. e. A refund in the amount of $532.15 payable to Victor Flores, Jr. due to a double payment made by the owner and the mortgage company. f. A refund in the amount of $569.79 payable to Roberto & Sylvia V. Castaneda due to a double payment made by the mortgage company and the owner. g. A refund in the amount of $514.80 payable to Jose Luis & Julia Martinez due to a double payment made by the mortgage company and a title company. h. A refund in the amount of $918.37 payable to Wells Fargo Real Estate Tax Services, LLC., Attention: Financial Support Unit I, due to a double payment made by the title company and the bank. i. A refund in the amount of $1,091.33 payable to Wells Fargo Real Estate Tax Services, LLC., Attention: Financial Support Unit I, due to a double payment made by the mortgage company and the owner. j. A refund in the amount of $1,086.55 payable to Countrywide Home Loans Attn: Tax Dept. VS.-24, due to an over payment by the homeowner and the mortgage company. k. A refund in the amount of $1,075.77 payable to Wells Fargo Real Estate Services, due to an overpayment by the Title Company and the Mortgage Bank. l. A refund in the amount of $2,196.73 payable to Chase c/o TRETS due to a double payment by the Mortgage Bank and the owner. m. A refund in the amount of $765.12 payable to Chase c/o TRETS due to a double payment by the Mortgage company. n. A refund in the amount of $950.76 payable to Chase c/o TRETS due to a double payment by the mortgage company. o. A refund in the amount of $1,058.25 payable to Homeside Lending c/o TRETS, due to an over payment by the Mortgage Company and the owner. p. A refund in the amount of $3,065.06 payable to Hugh M. & Maria T. Ferrell due to a double payment by the home owner and mortgage company for three years in a row. q. A refund in the amount of $574.06 payable to Bekalar, Inc. due to a double over payment by the Mortgage Company and the owner. r. A refund in the amount of $1,005.69 payable to Wells Fargo Real Estate Tax Services due to a double over payment by the Title company and the mortgage company. s. A refund in the amount of $6,458.26 payable to Laredo Ready Mix due to a Webb County Appraisal District Review Board. C.E. 25.25 out of city limits. Clerical Error 25.25 as per Supp. 11, Cause #2001-4991. t. A refund in the amount of $11,171.66 payable to Laredo Sand & Gravel due to a Webb County Appraisal Review Board, C. E. 25.25. B (out of city limits) Supp. 11, Cause #2001-4995. Clerical Error 25.25 (out of city limits). u. A refund in the amount of $967.54 payable to Jamro LTD due to a change of value certified by the Webb County Appraisal District. Double Assessed Property. Supp. 11, Cause #2001-5071, 2000 tax year. v. A refund in the amount of $972.67 payable to Jamro LTD due to a change of value certified by the Webb County Appraisal District. Double Assessed Property. Supp. 11, Cause #2001-5072, 2001 tax year. w. A refund in the amount of $599.70 payable to Guaranty Residential c/o Transamerica due to a double over-payment by the Title Company and the Mortgage Bank. x. A refund in the amount of $1,620.49 payable to Young Ok Pang due to a double payment by the home owner and the Mortgage Company. y. A refund in the amount of $752.69 payable to Rosalinda De Leon due to a payment in error. Ms. De Leon paid thinking the owner was her sister; however, the owner has changed.
Motion to approve.
Moved: Cm. Galo Second: Cm. Garcia For: 8 Against: 0 Abstain: 0
37. Authorizing the City Manager to amend he contract with Hawkins, Delafield & Wood in an amount not to exceed $118,000.00 for compensation for hours of services rendered in connection with contract negotiations pertaining to the privatization of water and wastewater operations from January 1, 2002 through May 13, 2002.
Motion to postpone.
Moved: Cm. Amaya Second: Cm. J. Valdez For: 8 Against: 0 Abstain: 0
38. Consideration to authorize the purchase of a replacement pothole patcher truck, through the Houston Galveston Area Council of Governments (HGAC) - Cooperative Program, in the total amount of $92,479.00. This truck will be assigned to the Public Works Department Street Maintenance Division. Delivery is expected within ninety to one-hundred days. Funding is available from the 2002-A PPFCO Contractual Obligation bond proceeds.
Motion to approve.
Moved: Cm. Galo Second: Cm. Garcia For: 8 Against: 0 Abstain: 0
39. Consideration for approval of change order no. 2 an increase of $32,013.60 to the construction contract with MTZ Construction, Inc., Laredo, Texas, for the Del Mar Widening from Fenwick Drive to McPherson Road for the widening of Lindenwood North of Del Mar Blvd. to provide for a dedication turning lane and alleviate congestion at the intersection. It also includes concrete driveways, curb, gutter, and handicap ramps. Funding is available in the 1998 CO Issue Del Mar Widening Fenwick to McPherson.
Motion to approve.
Moved: Cm. Galo Second: Cm. Garcia For: 7 Against: 0 Abstain: 1 Cm. Belmares
40. Ratifying the execution of a rental agreement between the City of Laredo and the City of Rio Bravo for the use of a sanitation truck by the City of Rio Bravo.
Motion to approve.
Moved: Cm. Galo Second: Cm. Garcia For: 8 Against: 0 Abstain: 0
41. Consideration to award contract to the lowest bidders, Traffic Parts, Spring, Texas in the amount of $35,960.82 for the purchase of traffic signal assemblies and to Consolidated Traffic Controls, Arlington, Texas in the amount of $52,185.00 for the purchase of Light Emitting Diodes (LED's) for the traffic signal assemblies.
Motion to approve.
Moved: Cm. Galo Second: Cm. Garcia For: 8 Against: 0 Abstain: 0
42. Authorizing the City Manager to grant a public fireworks display at the Laredo Country Club on July 4, 2002 at 9:15 p.m. for Atlas Enterprises, Incorporated.
Motion to approve.
Moved: Cm. Galo Second: Cm. Garcia For: 8 Against: 0 Abstain: 0
43. Consideration for approval to award a Resident Project Representative (Inspection Services) contract in the amount not to exceed $50,050.00 to Howland Engineering & Surveying Company, Laredo, Texas, for the Resident Project Representative (Inspection Services) for the Laredo International Airport Passenger Terminal and Related Airside/Landside Improvements Phase "E" - Taxiway "J".
Motion to approve.
Moved: Cm. Galo Second: Cm. Garcia For: 8 Against: 0 Abstain: 0
44. Consideration to reschedule the regular City Council meeting of Monday, July 15, 2002 to Tuesday July 16, 2002.
Motion to leave as regular date.
Moved: Cm. J. Valdez Second: Cm. Galo 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, if such is requested by the City Attorney or other legal counsel for the City, pursuant to his or her duty under Section 551.071(2) of the Government Code, to consult privately with his or her client on an item on the agenda, or on a matter arising out of such item.
XIV. RECESS AND CONVENE AS THE LAREDO MASS TRANSIT BOARD
Motion to recess as City Council and convene as the Laredo Mass Transit Board.
Moved: Cm. Galo Second: Cm. J. Valdez For: 8 Against: 0 Abstain: 0
45. Authorizing the City Manager to accept and execute the additional public transportation service contract between Texas A&M International University (TAMIU), the City of Laredo, and Laredo Metro, Incorporated. TAMIU agrees to subsidize the operating costs for additional bus service at a rate of $48.95 per hour as described below.
Motion to approve.
Moved: Cm. Galo Second: Cm. Ramirez For: 8 Against: 0 Abstain: 0
Motion to adjourn as the Laredo Mass Transit Board and convene as the Laredo City Council.
Moved: Cm. Galo Second: Mayor Pro Tempore Agredano For: 8 Against: 0 Abstain: 0
XV. ADJOURNMENT
Motion to adjourn.
Moved: Cm. Galo Second: Cm. Amaya For: 8 Against: 0 Abstain: 0
CITY OF LAREDO CITY COUNCIL MEETING M2002-S-04 JUNE 17, 2002
SUPPLEMENTAL AGENDA
I. RESOLUTION
1. 2002-R-055 Requesting the Texas Water Development Board to consent to an amendment to the Ordinance No. 01-O-032 authorizing the City of Laredo Subordinate Sewer System Revenue Bonds, Series 1991, and other matter related thereto.
Motion to approve Resolution 2002-R-055.
Moved: Cm. Galo Second: Cm. E. Valdez For: 8 Against: 0 Abstain: 0
II. ADJOURNMENT
Motion to adjourn. Time: 8:20 p.m.
Moved: Cm. Galo Second: Cm. Amaya For: 8 Against: 0 Abstain: 0
I, Gustavo Guevara, Jr., do hereby certify that the above minutes contained in pages 01 to 29 are true, complete, and correct proceedings of the City Council meeting held on June 17, 2002.
______________________________________ Gustavo Guevara, Jr. City Secretary
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