CITY OF LAREDO

                                                  CITY COUNCIL MEETING

                                                                M2002-R-015

                                                CITY COUNCIL CHAMBERS

                                                    1110 HOUSTON STREET

                                                     LAREDO, TEXAS 78040

                                                            AUGUST 5, 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 J. 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 June 17, 2002, July 1, 2002, and July 19, 2002.

 

            Motion to approve.

 

            Moved:  Cm.  Amaya

            Second:  Cm.  J.  Valdez, Jr.

            For:     8                                               Against:  0                                            Abstain:  0 

 

V.        COMMUNICATIONS AND RECOGNITIONS

 

            Announcements

 

Cm. Ramirez announced that the Tecolotes are in the playoffs and will be playing here on Wednesday, August 7, 2002.  He is asking that the community support the team.

 

Cm. J. Valdez, Jr. also encouraged the general public to attend the upcoming Tecolotes playoff game at Veterans Field.

 

Cm. Belmares thanked City Manager Larry Dovalina and city staff for their assistance in trying to resolve the traffic concerns at the new Borchers Elementary school.

 

Cm. Amaya thanked City Manager Larry Dovalina, Assistant City Manager Cindy Collazo, Traffic Director Roberto Murillo, and Community Development Director Erasmo Villarreal for their assistance in eliminating the traffic problems at Ryan Elementary.

 

Cm. Garcia reminded the citizens that school starts in two weeks and asked everyone to be mindful of the speed limits around school zones.

 

Mayor Pro Tempore Agredano thanked everyone who participated in the school supplies drive held at Veterans Field.   He mentioned that many children benefit from this event held every year.  

 

            Invitations

 

            None. 

 

            Recognitions

            a.  Recognition of Humberto Sanchez, Jr., and Graciela Sanchez for their          

                 heroic actions at Lake Casa Blanca on July 13, 2002.

 

Mayor Flores presented Humberto Sanchez, Jr. and Graciela Sanchez with a Seven Flags Certificate of Recognition for their swift action which saved the life of young Alejandra Martinez.  Mayor Flores added that there was another individual, Reynol Cortez, of the Public Works Department, who was recognized for his heroic actions     as well. 

 

            b.   Recognition of the Lifeguard Team from the City’s Parks and Recreation Department  

                  for winning first place in the overall team category at a competition held in Uvalde,  

                 Texas, on Sunday, July 28, 2002.

 

Mayor Flores recognized the following team members for their achievements and their contribution to the department:

 

Selina Arreguin

Agustin Contreras

Edgar Perez

Cristina Sanchez

       

            Communiqués

       

VI.       APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES

           

a.  Appointment by Council Member Johnny Amaya of Sammy Moreno to the      

     Vehicles for Hire Ad Hoc Committee.

 

     Motion to approve the appointment.

 

     Moved:  Cm.  Galo

     Second:  Cm.  Amaya

                 For:      8                                         Against:  0                                            Abstain: 0

           

VII.     PUBLIC HEARINGS

 

1.  Public hearing and introductory ordinance accepting and appropriating a grant awarded

by the U.S. Environmental Protection Agency in the amount of $138,767.00 with the City of Laredo designating $46,192.00 as a local match and amending the City of Laredo’s FY 2001-2002 NPDES Fund annual budget by appropriating revenues and expenditures.  The grant monies will be used for the Chacon Creek Restoration Project from HWY 359 South to the Rio Grande River.

 

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:  City Council

 

2.  Public hearing and introductory ordinance authorizing the City Manager to accept a

grant in the amount of $1,000,000.00 from the U.S. Department of Commerce Economic Development Administration (EDA) for the Calle Iturbide Project, also known as the Streets of Laredo Urban Mall, to execute all related documentation and to amend the City of Laredo FY 2001-2002 annual budget by appropriating revenues and expenditures in the amount of $1,450,000.00, which includes previously budgeted CDBG funds of $450,000.00 used as program match.

 

Motion to open the public hearing.

 

Moved:  Cm.  Garcia

Second:  Cm.  Agredano

For:      8                                         Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

 

Moved:  Cm.  Garcia

Second:  Cm.  E.  Valdez, Jr.                                  

For:      8                                         Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

3.  Public hearing and introductory ordinance amending the City of Laredo Fiscal Year

2001-2002 Recreation Fund annual budget by appropriating revenues and expenditures in the amount of $5,800.00 for the administration of recreation programs and authorizing the City Manager to implement said budget amendment.  Excess funds are available from the collection of fees from classes and lessons over Fiscal Year 2001-2002 budgeted revenues.

 

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.  Agredano

Second:  Cm.  J.  Valdez, Jr.                                   

For:      8                                         Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

4.  Public hearing and introductory ordinance authorizing the City Manager to accept and

execute all documentation by increasing revenues and expenditures in the amount of  $1,350,586.00 in direct funds and $227,690.00 in program income from the Texas Department of Health for nine grants:  La Familia Health Care Program, Tuberculosis Elimination Program, Immunization Action Plan Project, Office of Public Health Practice, Hepatitis C Screening Project, Maternal and Child (and Dental) Health Program, Family Planning Services, and the  Laredo Obesity Prevention and Control Project of the City of Laredo Health Department for the period beginning September 1, 2002, through September 30, 2003, and amending the City of Laredo FY 2001-2002 budget in the amount of $112,548.00 for the period beginning September 1, 2002 through September 30, 2002.  The remaining grant award in the amount of $1,238,037.00 will be executed in Fiscal Year 2002-2003.

 

Motion to open the public hearing.

 

Moved:  Cm.  Garcia

Second:  Cm.  Agredano

For:     8                                          Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Agredano

Second:  Cm.  Amaya                                             

For:      8                                         Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

5.  Public hearing and introductory ordinance authorizing the City Manager to amend and

appropriate the FY 2001-2002 annual operating budget by accepting the donation of $2,350.00 from State Farm Insurance Company for the purchase of one (1) 911 bilingual emergency simulator.  This 911 bilingual emergency simulator will be used to train school children in fire safety, an educational program that the Laredo Fire department promotes in the Laredo community.

 

Motion to open the public hearing.

 

Moved:  Cm.  Garcia

Second:  Cm.  Amaya

For:     8                                          Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Belmares

Second:  Cm.  E.  Valdez, Jr.                                  

For:      8                                         Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

6.  Public hearing and introductory ordinance amending the City of Laredo’s Fiscal Year

2001-2002 Colonias Fund annual budget by appropriating revenues and expenditures in the amount of $6,231.450.00.  The Border Environmental Infrastructure Fund through the North American Development Bank is granting said amount to the City of Laredo for construction in support of improvements to water and wastewater services to 15 colonias in the City of Laredo and Webb County.

 

Motion to open the public hearing.

 

Moved:  Cm.  Garcia

Second:  Cm.  Amaya

For:      8                                         Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

 

Moved:  Cm.  Belmares

Second:  Cm.  Amaya                                             

For:      8                                         Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

7.  Public hearing and Final Reading of Ordinance 2002-O-164 amending sections of the

Laredo Land Development Code pertaining to Floodplain Management Standards, specifically Section 24-69, Flood Hazard District; and Appendix A, Definitions; and providing for publication and effective date.  (As amended) 

 

Motion to open the public hearing.

 

Moved:  Cm.  Agredano

Second:  Cm.  Amaya

For:      8                                         Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and adopt Ordinance #2002-O-164.

 

Moved:  Cm.  Belmares

Second:  Cm.  Amaya                                             

For:     8                                          Against:  0                                            Abstain:  0

 

8.  Public hearing and Final Reading of Ordinance 2002-O-172 amending sections of the

Laredo Development Code pertaining to allowable signage, specifically Section 24.82.3 Off-Premise Signs; Section 24.82.4 Permitted Sign Dimensions; Section 24.82.5.2 Supplementary Standards for all Districts; and Appendix A; and providing for publication and effective date. 

 

Motion to open the public hearing.

 

Moved:  Cm.  Garcia

Second:  Cm.  Agredano

For:      8                                         Against:  0                                            Abstain:  0

 

Chris Stokes from Lamar Advertising appeared in support of the ordinance.  He mentioned that he has met with Keith Selman, City Planner, and has worked out a compromise where they will only allow a few more signs in certain areas of the city with restrictive spacing, height, and face requirements. 

 

Motion to close the public hearing and adopt Ordinance #2002-O-172.

 

Moved:  Cm.  Agredano

Second:  Cm.  Amaya                                             

For:      8                                         Against:  0                                            Abstain:  0

 

9.  Public hearing and introductory ordinance amending the Zoning Ordinance Map of the

City of Laredo by rezoning 9.9237 acres, as further described by metes and bounds in attached Exhibit “A” located west of McPherson Road and south of Ranchway Drive from R-1 (Single Family Residential District) to R-2 (Multi-Family Residential 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

 

Mr. Edward Garza on behalf of Vaquillas Development, owner and applicant, stated that he is in support of the zone change. 

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Belmares

Second:  Cm.  Amaya                                             

For:   8                                            Against:  0                                            Abstain:  0

 

Ordinance Introduction:  Cm.  Belmares

 

 10.  Public hearing and introductory ordinance amending the Zoning Ordinance Map of the

City of Laredo by rezoning Lots 13 and 14, Block 2, Jacaman Ranch Subdivision, Unit 6, Jacaman Commercial Park, located northeast of Rosson Lane, from B-4 (Highway 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.

 

   Motion to open the public hearing.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                                         Against:  0                                            Abstain:  0

 

Ron Whitehawk, on behalf of De La Grange Development, spoke in favor of the zone change request.  He stated that the two platted lots are part of a much larger development proposal.  He mentioned that the original zoning for the entire tract has a B-4 designation which does not allow for residential development.  He provided information to City Council related to the noise abatement requirements.  This property is currently platted and is located half a mile from the nearest noise contours so it is nowhere near close to the noise zone contour area.  He stated that allowing some higher density residential property in the area would seem to make good sense in the overall scheme of things.  He asked that City Council allow the possibility for this 3-acre tract to be considered for a down zoning change to a B-3 designation so this project can move forward. 

 

 

Keith Selman, City Planner, stated that if the property were situated within the noise contours, then the ordinance would require that an avigational easement be obtained.  He stated that questions regarding future requirements are difficult to answer at this point being that the City is currently going through the FAR Part 150 study so city staff does not know what the recommendations from the study will be.

 

Cm. E. Valdez, Jr. wants this concern over avigational easements to be addressed now because the Federal Aviation Administration has always looked favorably at the City’s requests for monies.  He wants to make sure that the City is following FAA requirements to prevent the encroachment of residential development in the area. 

 

Jose L. Flores, Airport Director, stated that there are several matters to be concerned about.  He mentioned the update being conducted on the noise study which will make certain recommendations to the City.  He stated that the noise contours as they exist today may very well be expanded.  Another concern is that, upon completion, the noise study could recommend a lesser noise contour such as a 60 DNL or lower.   If the noise study recommends a 60 DNL or lower, then that gets expanded half a mile or greater to protect the airport and the residents located near the airport.   He mentioned that the airport’s noise study should be completed within the next 12 months. 

 

Ron Whitehawk stated that prior to the final reading of this ordinance, he would be willing to have the applicant submit an avigational easement for the Legal Department’s review should that become necessary in the future.   He further stated that they were only going to construct a two-story type of dwelling. 

 

Mayor Flores inquired as to how close this tract is to the area that was pointed out to the City by the FAA administrator.

 

Jose L. Flores replied that the land to be developed is very close to the area.  He mentioned that not only does one have noise from an aircraft flying over or adjacent to that property but there is also the ground noise that an aircraft makes while it is taxiing. 

 

Cm. Galo emphasized that the City Council should be consistent with the decision being made regarding this issue in order to place future applicants on notice.   

 

Motion to close the public hearing and postpone for one month.

 

Moved:  Cm.  E.  Valdez, Jr.

Second:  Cm.  J.  Valdez, Jr.

For:     7                                        Against:  0                                            Abstain:  1

                                                                                                                 Cm.  Garcia

                

11.  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 asked for postponement for 30 days being that they are trying to meet with some of the adjoining property owners to address some of the neighborhood concerns.

 

Motion to close the public hearing and postpone for 30 days.

 

Moved:  Cm.  E. Valdez, Jr.

Second:  Cm.  J.  Valdez, Jr. 

For:     8                                        Against:  0                                            Abstain:  0

 

12.  Public hearing and introductory ordinance authorizing the issuance of a Special Use

Permit to Kenneth Smartt for a sexually oriented business on 4.4493 acres, as further described by metes and bounds in attached Exhibit “A”, located west of Hwy 35 and north of the Anzon Plat; providing for publication and effective date.  The Planning and Zoning Commission has recommended denial of the proposed Special Use Permit.

 

Motion to open the public hearing.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Abstain:  0

 

Emilio “Chito” Davila, Jr., attorney for Kenneth Smartt, stated that he requests the issuance of the special use permit.  He commented that Mr. Smartt has operated this business on the east side of IH-35 for over eight years now.  He stated that there has been considerable expansion of residential development in the area and it has been recommended to the owner that he move the location of his business.  In an effort to attempt to do that, Mr. Smartt has purchased a total of 23 acres which includes the 4.4493 acres being considered for the new location.   For purposes of constructing on the 23 acres, Mr. Smartt submits to City Council that the area is much more appropriate for this type of business.  The acreage is bordered by Manadas Creek on one side and IH-35 on the other side.  He stated that Mr. Smartt is willing to work out some type of agreement with city staff and the Legal Department rather than appeal an unsatisfactory decision.  He asked that City Council honor the Board of Adjustment’s approval of the variance for the setback requirements at the January 27, 2000 meeting. 

 

Keith Selman, Planning Department Director, stated that the current recommendation of the Planning and Zoning Commission is based strictly on the provision of whether it meets the 1000’ requirement. 

 

Motion to close the public hearing, deny the special use permit, and go with the recommendation of staff.

 

Moved:  Cm.  J.  Valdez, Jr.

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Abstain:  0

 

13.  Public hearing and introductory ordinance amending the Zoning Ordinance Map of the

City of Laredo by rezoning Lot 1, Block 806, Eastern Division, located at 402 South Meadow 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:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

Cm. Galo inquired whether this business is going to be strictly a tire sale and repair shop.

 

Keith Selman, City Planner, reported that the applicant has stated that the business will be strictly a tire business. 

 

Mr. Luis Lopez stated he agrees with the conditions imposed under the conditional use permit. 

 

Motion to close the public hearing, deny the zone change, and approve the conditional use permit subject to the conditions as listed.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Abstain:  0

 

Ordinance Introduction:  Cm.  Galo

 

14.  Public hearing and introductory ordinance amending the Zoning Ordinance Map of the

City of Laredo by rezoning 2.5537 acres, known as the Tex West Plat, located at 1830 Tex-Mex Drive, from M-1 (Light Manufacturing District) to M-2 (Heavy Manufacturing District); providing for publication and effective date.  The Planning and Zoning Commission has recommended denial of the proposed change and approval of a Conditional Use Permit with conditions.

 

Motion to open the public hearing.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

Ron Whitehawk, representing Mone Forwarding, stated he favors the request for issuance of the conditional use permit.  He mentioned that the applicant has reviewed the conditions as imposed by the Planning and Zoning Commission and is willing to abide by the conditions.  He requested that City Council approve the conditional use permit to allow for the used batteries at this location.

 

Motion to close the public hearing, deny the zone change, and approve the conditional use permit.

 

Moved:  Cm.  Garcia

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

Ordinance Introduction:  Cm.  Garcia

 

15.  Public hearing and introductory ordinance amending the Zoning Ordinance Map of the

City of Laredo by rezoning 0.528 acres, as further described by metes and bounds in attached Exhibit “A”, located east of Mines Road and south of San Lorenzo Drive from R-2 (Multi-Family Residential District) to M-1 (Light Manufacturing 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.  Belmares

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Abstain:  0

 

Rodolfo Torres, representing the landowner, appeared before City Council to answer any questions.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  J.  Valdez, Jr.

Second:  Cm.  Ramirez

For:     8                                        Against:  0                                            Abstain:  0

 

Ordinance Introduction:  Cm.  J. Valdez, Jr.

 

16.  Public hearing and introductory ordinance amending the Zoning Ordinance Map of the

City of Laredo by rezoning 3.7748 acres as further described by metes and bounds in attached Exhibit “A”, located south of Masterson Road and west of Hwy 83, from AG (Agricultural District) to R-1MH (Single Family Manufactured Housing 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.  Garcia

For:     8                                        Against:  0                                            Abstain:  0

 

Ordinance Introduction:  Cm.  Galo

 

17.  Public hearing and introductory ordinance amending the Zoning Ordinance Map of the

City of Laredo by rezoning 3.5976 acres, as further described by metes and bounds in attached Exhibit “A”, located north of Santa Martha Blvd. and west of Hwy 83 from AG (Agricultural District) to R-1MH (Single Family Manufactured Housing 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.  Garcia

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.  Agredano

For:     8                                        Against:  0                                            Abstain:  0

 

Ordinance Introduction:  Cm.  Galo

       

18.  Public hearing and introductory ordinance amending the Zoning Ordinance Map of the

City of Laredo by rezoning 10.4024 acres, located west of Hwy 83 and north of Santa Fe Subdivision Unit V, from AG (Agricultural District) and R-3 (Mixed Family Residential 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.  Belmares

Second:  Cm.  Galo

For:     8                                        Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Galo

Second:  Cm.  J.  Valdez, Jr.

For:     8                                        Against:  0                                            Abstain:  0

Ordinance Introduction:  Cm.  Galo

 

19.  Public hearing and introductory ordinance amending the Zoning Ordinance Map of the

City of Laredo by rezoning Lot 5, Block 1950, Eastern Division, located at 3113 Clark Blvd., 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.

 

Motion to open the public hearing.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

Ron Whitehawk spoke on behalf of the property owner.  He stated that the property in question is a lot located on the south side of Clark Blvd.  The applicant is asking City Council to consider a conditional use permit and leave the zoning intact.  He stated that the owner will place a berm to drain any car fluids and prevent them from draining into the creek.  He added that there are spaces for nine vehicles and two spaces for parking.

 

Motion to close the public hearing and follow staff’s recommendation to deny the zone change.

 

Moved:  Cm.  Garcia

Second:  Cm.  Galo

For:     8                                        Against:  0                                            Abstain:  0

 

20.  Public hearing and introductory ordinance amending the Zoning Ordinance Map of the

City of Laredo by rezoning 9.1078 acres, located west of Hwy 83 and south of Cielito Lindo Blvd., 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 approval of the proposed zone change with the exception of Lots 1-8, Block 1, as identified by the attached site plan, which the Commission recommends remain B-1.

 

Motion to open the public hearing.

 

Moved: Cm.  Galo

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

Ron Whitehawk, representing Porras Engineering, spoke in favor the zone change request to a B-3 designation for all of the property, including Lots 1 – 8, Block 1.

 

Motion to close the public hearing and allow a B-3 designation for all the property.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

Ordinance Introduction:  Cm.  Galo

 

21.  Public hearing and introductory ordinance authorizing the City Manager to amend

Ordinance 99-O-242 dated August 23, 1999, Establishing and Adopting Commercial Aircraft Landing Fees and Landing Fee Rates for the Laredo International Airport as follows:  Section 2 is amended to include a non-signatory airline category and non-signatory landing fee of $0.90 (ninety cents) per thousand pounds; Section 5 is deleted; Section 6 is amended to delete the requirement that the Airport shall first invoice the Airline to receive landing fee payments; Section 7 is amended so as to not exempt commercial airlines from paying a landing fee; providing for an effective date.

 

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:  City Council

 

22.  Public hearing and introductory ordinance amending the City of Laredo’s FY 2001-02

General Fund annual budget by appropriating expenditures in the amount of $133,347.00, from the Building Security Fee collected by Municipal Court and 2000A CO annual budget by appropriating revenues and expenditures in the amount of $133,347.00, to provide underground electrical power to the new Municipal Court Building and re-route existing overhead primaries away from the new building, and authorizing the City Manager to implement said budget.

 

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.  Belmares

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

23.  Public hearing and introductory ordinance authorizing the issuance of City of Laredo,

Texas, International Toll Bridge System Revenue Bonds, Series 2002, in the principal amount of $12,890,00.00 for the renovation and improvements of Bridge No. 1 with pedestrian way improvements and construction of a duty free export building attached to an administration building, and other improvements in connection therewith, approving an official statement, authorizing the execution of a purchase contract, and other matters related thereto and authorizing amendment to the City’s budget to appropriate such proceeds for purposes authorized herein.

 

Motion to open the public hearing.

 

Moved:  Cm.  Garcia

Second:  Cm.  Amaya

For:     8                                        Against:                                                Abstain:

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Belmares

Second:  Cm.  Galo

For:     8                                        Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

24.  Public hearing and introductory ordinance authorizing the issuance of City of Laredo,

Texas, Combination Tax and Revenue Certificates of Obligation, Series 2002, in the principal amount of $9,965,000.00 for paying all or a portion of the City’s contractual obligations for the purpose of acquisition of downtown property to be used for future municipal offices; acquisition of the Slaughter Farm land to be used for municipal park space, including sports fields, nature trails and other park recreational uses; acquisition of land Northeast of Laredo, to be used for a municipal solid waste landfill; acquisition of land for the fire and law enforcement training center; acquisition of downtown property, including improvements for surface municipal parking lot, and of the payment of legal, fiscal, architectural and engineering fees in connection with such projects and authorizing amendment to the City’s budget to appropriate such proceeds for purposes authorized herein; and approving an official statement and authorizing the execution of a purchase contract; and ordaining other matters related to the subject.

 

Motion to open the public hearing.

 

Moved:  Cm.  Garcia

Second:  Cm.  Galo

For:     8                                        Against:  0                                            Abstain:  0

 

There was no public input.

 

 

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Galo

Second:  Cm.  Ramirez

For:     8                                        Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

25.  Public hearing and introductory ordinance approving an amendment to Ordinance 91-

O-032 authorizing the issuance of City of Laredo, Texas, Subordinate Sewer System Revenue Bonds, Series 1991 and other matters related thereto.

 

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.  Belmares

For:     8                                        Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

26.  Public hearing and introductory ordinance authorizing the issuance of City of Laredo,

Texas, Public Property Finance Contractual Obligations, Series 2002, in the principal amount of $2,285,000.00, for the purchase of vehicle equipment, trucks, fire department equipment, trailers, EMS equipment, sweepers, mowers, street equipment, computers and ordaining other matters relating to the subject and authorizing amendment to the City’s budget to appropriate such proceeds for purposes authorized herein; and approving an official statement and authorizing the execution of a purchase contract; and ordaining other matters related to the subject.

 

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.  Agredano

Second:  Cm.  J.  Valdez, Jr.

For:     8                                        Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

            27.  Public hearing and introductory ordinance authorizing the issuance of City of Laredo,    

Texas, Sewer System Revenue Refunding Bonds, Series 2002A, approving an official statement, authorizing the execution of a purchase contract and the execution of an escrow agreement, and making provisions for the security thereof, and authorizing amendment to the City’s budget to appropriate such proceeds for purposes authorized herein, and ordaining other matters related to the subject.

 

Motion to open the public hearing.

 

Moved:  Cm.  Galo

Second:  Cm.  Garcia

For:     8                                        Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Amaya

Second:  Cm.  J.  Valdez, Jr.

For:     8                                        Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

28.  Public hearing and introductory ordinance authorizing the issuance of City of Laredo,

Texas, Sewer System Revenue Refunding Bonds, Taxable Series 2002B, approving an official statement, authorizing the execution of a purchase contract and the execution of an escrow agreement, and making provisions for the security thereof, and authorizing amendment to the City’s budget to appropriate such proceeds for purposes authorized herein, and ordaining other matters related to the subject.

 

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.  Agredano

Second:  Cm.  Galo

For:     8                                        Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

 

VIII.    GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS

       

29.  A.  Request by Council Member John C. Galo

 

1.  Staff report on the lack of railroad gate crossing arms at Chihuahua and

     Guadalupe Streets.

 

      Keith Selman, City Planner, reported that those are state highways and that the gate crossing is state property.   He stated that they have gotten in touch with TxDOT and have been told that the installation is about 90% complete.  He added that the mechanisms are in place and they also have all of the equipment.  Tex-Mex Railway is working on some of the circuitry on their tracks and once that was in place they would be putting the gate arms up.  He stated that Tex-Mex Railway will have the crossing arms up within the next month.

 

2.   Status report on the clean up of Chacon Creek, with possible action.

 

      Erasmo Villarreal, Community Development Director, reported that they had ordered Foster Engineering to conduct a survey.  The survey is approximately 90% complete to the point where they have marked for the City the properties that have been bought.  He mentioned that the action taken by City Council tonight approving acceptance of the grant monies from the Environmental Protection Agency will be used for this cleanup project.  He reported that the grant for the hiking trail is also in place.  What he is waiting on is to get the actual survey to determine what property was actually bought.  He is scheduling a meeting with Foster Engineering this week so that department staff will learn where the block designations are of what has been acquired within the boundaries. 

 

3.  Staff report on what measures the City and Council can take to get out the votes

     for the November election.

 

Larry Dovalina, City Manager, reported that he has instructed the City’s Public Information Officer and Public Access Manager to target more voters and try to exceed 40,000 votes in the General Election.  They have been working for two months on setting up different public service announcements which will be running consistently in September to encourage people to cast their vote.  The other issue being looked at is a national program called “Kids Vote” which works by ingraining the idea of voting in children.  Hopefully, this will embed the tradition of voting at an early age even if it is for a mock election. 

 

Mayor Flores mentioned that the media has been very helpful in generating interest in their publications for Election 2002.  She stated that what the City is looking into is setting up a voting fair by having a place where people can go out and vote. 

 

Cm. Galo suggested that the City could make a change to hold city elections in odd-numbered years. 

 

Gustavo Guevara, Jr., City Secretary, replied that state election law does not prohibit a city from conducting elections in odd-numbered years. 

 

4.  Status report on the extra signage requested for the intersection of Malinche and

     Chacon, with possible action.

 

Roberto Murillo, Traffic Director, reported that at this particular location they did notice more traffic on Chacon Street.  He is recommending a four-way stop and will be increasing the size of the stop signs on Chacon Street.   The order for the signs has been placed and as soon as the equipment is received, they will install the stop signs. 

 

                      B.  Request by Council Member Johnny Amaya

 

1.  Discussion with possible action on the brick pavers project on Clark Blvd.

 

      Joe Guerra, Public Works Director, reported that they have already completed one block.  By the end of next week, the department will have all four blocks completed. 

 

      Larry Dovalina, City Manager, reported that there are some shrubs and vegetation that had been planted years ago on one of those blocks.  He stated that the area is now overgrown and should be weeded out but not necessarily removed.  The area holds some rare species of plants and he is suggesting that the crew save the vegetation and brick around it to make it look nicer.  He wants to make the median look as aesthetically pleasing as possible. 

 

                      C.  Request by Council Member Gene Belmares

 

1.  Discussion with possible action regarding the strengthening of the soliciting

     ordinance.

 

Cm. Belmares stated that he is looking for some guidance from staff for street solicitation campaigns in order to avoid a potential tragedy associated from an accident on the streets.

 

Larry Dovalina, City Manager, stated that although there is an ordinance in place it is not being adequately enforced.

 

Jaime Flores, City Attorney, addressed a few points from the ordinance regulating soliciting campaigns. 

 

Solicitation for public information is defined as:  the immediate donation of money or any thing of value regardless of the solicitor’s purpose or intended use.

There is a provision that serves to regulate constitutionally time, place, and manner.  Under time, it is unlawful to solicit after sunset or before sunrise.  Under place, it is unlawful for a person to solicit in any of the following places;  one may not solicit at a bus stop, in any public transportation  vehicle or facility,

on private property (unless given permission by the owner), within 20 feet of any entrance way into or exit for any public building, within 40 feet of any outdoor ATM; while seated or leaning against any public bench, plant, or monument or any public property.    Under manner, it is unlawful for any person to solicit in the following manner:  by coming within five feet of the person solicited until that person has indicated that he/she wishes to make a donation; by blocking the path of a person or pedestrian along the sidewalk; by following a person who walks away from the solicitor or require any person to take evasive action or physical contact; by using profane language or abusive language during the solicitation or following refusal.  It shall be unlawful for a person to solicit to occupants in vehicles or to fail to wear high visibility traffic vests; solicit only at intersections controlled by traffic lights; solicit only while the solicitor is located at a curbed traffic island; solicit only when traffic has come to a full stop; solicitor must be at least 18 years of age; a person may not stand in a roadway except solicitors may enter the roadway to collect the funds.  With regards to the process of non-commercial street solicitation campaigns,

registration is required and a fee must be paid. 

 

Mayor Flores inquired whether people are provided a copy of these rules that they must follow.

 

Jaime Flores replied that at the time when the person applies for a permit itself, the registration process requires that the person sign that he or she has received this information. 

 

Agustin Dovalina, Police Chief, stated that any time an organization is going to do some solicitation within the city limits, they are supposed to go to the police department.  There they are given a copy of the ordinance where it is explained to them what they can and cannot do.  Aside from that, the person who is registering these persons for solicitation is also explaining to each individual organization what can and cannot be done.  He mentioned that the groups that register for solicitation also have to submit an “after donation” report where they document how much money has been collected. 

 

Cm. Belmares concurred with the memo issued by city staff that enforcement of this ordinance is necessary.  He added that the prohibition of minors should be included as part of the ordinance. 

 

Chief Dovalina stated that his department will begin to enforce the full force of the ordinance immediately.

 

2.  Discussion, with possible action, on Charlie Borchers Elementary traffic

     situation. 

 

Larry Dovalina, City Manager, stated that city staff has introduced for the August 8, 2002 council agenda an ordinance that allows for the one-way traffic both at Charles Borchers Elementary and Ryan Elementary.   This would be followed by a final reading of the ordinance on August 12, 2002.   Once this is done, a publication notice will run in the newspaper, and this will occur prior to the start of the school year.  He recognized that this is a short term measure and stated that there are other items to be addressed that will resolve this issue.  The City is looking at making sure that one particular roadway extends to the school at least a four-lane road to make sure that the problem can be eliminated once the development is done completely. 

 

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

 

1.  Discussion with possible action regarding the road conditions of the intersection

     of Santa Maria Avenue and Del Mar Blvd.

 

Rogelio Rivera, City Engineer, reported that due to the heavy truck traffic in the area of Santa Maria Avenue between Del Mar Boulevard and International Boulevard, and the hot weather conditions, the asphalt wearing surface is experiencing extreme distress.  He stated that this type of asphalt distress is typical where the roadway is subjected to a high frequency of heavy loading, and can be cured temporally by overlaying the roadway with black base.  A permanent cure would be to reconstruct the road with concrete from Del Mar Boulevard to Industrial Boulevard, approximately 1000 L.F., at a preliminary cost of $375,000.00.  He mentioned that the short term solution would be to go there and scrape the asphalt and fill it with black base and hopefully it will wear better. 

 

2.  Status report on the CPL Road project, with possible action.

 

      Rogelio Rivera, City Engineer, stated that he submitted a report to City Council that Crane Engineering had submitted to the department. 

 

      Edward Garza of Crane Engineering reported that this project is encompassing approximately 300 acres of undeveloped land.  The surveying work done has allowed them to find another small landfill site that they are trying to avoid.  They have recently identified four possible routes and have been meeting with the Engineering Department staff and have revised it down to two possible alignments.  The sub-consultant is performing an environmental site assessment of a portion of land from the CPL tract to Flecha Lane.  Their findings will allow them to pinpoint a final alignment.   He mentioned that this project is a challenge from the standpoint of dealing with a lot of tracts of land and trying to develop a project that is cost effective at the same time. 

 

      Larry Dovalina, City Manager, reported that they have had a meeting with the CPL Board.   He stated that although this was previously approved through the Central and Southwest Board, they have now changed their assets to AEP and require that all of the donations go again through the AEP Board. 

 

3.  Discussion with possible action regarding the identification of non-wetland areas

     around Indian Sunset Park.

 

Riazul Mia, Environmental Director, reported that he has been working with Dr. James Earhart.   He mentioned that they have identified three acres of usable land in the area.  He stated the other area is good for a hike and bike trail. 

       

                

 

  E.  Request by Council Member Juan Ramirez

 

 1.  Discussion with possible action on the improvements of the 1400 block of

      Vidaurri.

 

Rogelio Rivera, City Engineer, reported that this project along Vidaurri extends 14 blocks from Scott Street to Jefferson Street and it is still on hold pending utilities clearance.  He added that the project is still under review with the Utilities Coordination Committee.  This one block has part of the street that is already paved.  The rest of the area is a parking lot for the warehouses which is where the gravel is.  He stated that what the department could do is work with the 55-foot right-of- way but not with the rest of the area. 

 

2.  Discussion with possible action regarding security surveillance in the downtown

     area.

 

      Agustin Dovalina, Police Chief, reported that there is a uniformed presence in the area, including two police precincts with about 12 to 15 officers.   These officers are divided into three shifts which includes the bike patrol.  He also mentioned that the department is actively recruiting officers right now to fill 50  vacancies.  He is planning to schedule an academy for them some time in September.

 

3.  Discussion with possible action on the proposed 2002-2003 annual budget.

 

      Cm. Ramirez stated that he would leave this item for the budget hearings.

             

IX.       INTRODUCTORY ORDINANCES

 

30.  Authorizing the City Manager to execute a lease with Border Sporting Goods, Inc., for

approximately 6,583 square feet constituting Building No. 190 located at 5207 Maher Avenue at the Laredo International Airport.  Lease term is for five (5) years commencing on July 1, 2002 and ending on June 30, 2007.  Monthly rent shall be $2,107.00 and will be adjusted annually according to changes in the Consumer Price Index; providing for an effective date.   

 

Ordinance Introduction:  City Council

 

31.  Authorizing the City Manager to execute a lease with International Total Services

(I.T.S.) for approximately 198 square feet constituting Suite No. 208 located on the second (2nd) floor of the Airport Passenger Terminal Building at 5210 Bob Bullock Loop at the Laredo International Airport.  Lease term is for one (1) year commencing on July 1, 2002 and ending on June 30, 2003.  Monthly rent shall be $300.00; providing for effective date.           

 

Ordinance Introduction:  City Council

 

32.  Authorizing the City Manager to execute a lease with Nextel WIP Lease Corporation

d/b/a Nextel Partners for approximately 12,713 square feet of land located at 1820 Pappas Street for the purpose of locating an antenna tower at the Laredo International Airport.  Lease term is for five (5) years commencing on September 1, 2002 and ending on August 31, 2007 and maybe be extended for four (4) terms of five (5) years each ending on August 31, 2012; August 31, 2017; August 31, 2022; and August 31, 2027.  Annual base rent shall be $8,400.00, payable in advance.  The base rent shall be increased annually according to changes in the Consumer Price Index and further adjusted by fair market value appraisal on the 10th and 20th anniversaries; providing for an effective date.

 

Ordinance Introduction:  City Council

 

33.  Approving a Foreign Trade Zone Operations Agreement with South Texas Traffic

Company as zone site operator covering 97,032 square feet of activated space, which includes 71,432 square feet of warehouse space and 25,600 square feet of trailer parking area located at 8501 Killam Industrial Blvd., Foreign Trade Zone Site 3 and authorizing the City Manager to execute said agreement.  Providing activation, administrative, and transaction fees to the City and providing for an effective date.

 

Ordinance Introduction:  City Council

 

34.  Authorizing the City Manager to execute an amendment to the lease agreement

between the City of Laredo, as Lessor, and Laredo Guardian Volunteers, Inc., as Lessee, authorized by Ordinance No. 2001-O-141 dated July 16, 2001, for the purpose of relocating Lessee to a larger office space effective September 1, 2002.  Said amendment will amend, specifically, Section 1.01 titled “Leased Area,” relocating Lessee from Suite No. 23 to Suite No. 26, and respectively increasing the leased area from 300 square feet to 480 square feet.  Amending Section 1.04 titled “Rental Obligation,” in order to increase the monthly rent from $388.58 to $624.00.  Amending Section 4.08 titled “Notices” in order to change the mailing address.  All other terms and conditions remain unchanged and in effect; providing for an effective date.

 

Ordinance Introduction:  City Council

 

35.  Establishing and adopting an Ordinance granting the City Manager authority to enter

into short term (not to exceed sixty (60) days) lease agreements with interested parties for use of Airport property and facilities located at the Laredo International Airport and authorizing the City Manager to implement said Ordinance; providing for an effective date. 

 

Ordinance Introduction:  City Council

 

36.  Authorizing the City Manager to execute a lease between the City of Laredo Airport, as

Lessor, and City of Laredo Municipal Court, as Lessee, for approximately 184,956 square feet of land located on Lot No. 1, Block No. 6 at the Laredo International Airport.  Lease term is for forty (40) years commencing on October 1, 2002 and ending on September 30, 2042.  Monthly rent shall be $3,750.00 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

 

37.  Authorizing the City Manager to execute an amendment to the Lease Agreement

between the City of Laredo, as Lessor, and Laredo Candle Company, L.P., as Lessee, authorized by Ordinance No. 2002-O-118 dated June 3, 2002 for the purpose of extending the lease term for an additional ninety (90) days effective July 19, 2002.  Said Amendment will amend, specifically, Section 1.02 titled “Term”, adding ninety (90) days commencing on July 19, 2002 and ending on October 18, 2002.  Section 1.03 titled “Rental Obligation” is amended to reflect the rent obligation in the amount of $11,500.00 per month commencing on July 19, 2002 and ending on October 18, 2002. All other terms and conditions remain unchanged and in effect; providing for an effective date.

 

Ordinance Introduction:  City Council

 

38.  Amending Ordinance 99-O-363 dated December 20, 1999 to include authorization for

payment of monetary commission to Real Estate Agents whose efforts result in leasing airport office space and/or buildings; providing for an effective date.

 

Ordinance Introduction:  City Council

 

X.        FINAL READING OF ORDINANCES 

 

Motion to waive the final readings of Ordinance # 2002-O-162, # 2002-O-163, # 2002-O-165, # 2002-O-166, # 2002-O-167, # 2002-O-168, # 2002-O-169, # 2002-O-170, # 2002-O-173 and # 2002-O-174.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                                               Against:  0                                            Abstain:  0

 

39.  2002-O-162  Amending the City of Laredo FY 2001-2002 annual budget by

appropriating current seized revenues and expenditures in the amount of $156,000.00 in the Laredo Police Department Trust Fund.  Funding will be used to purchase capital outlay equipment.  Items include the mobile command center, inventory tracker, and the security system in all substations and improvements to the Laredo Police Department Annex (Building 60) at the Laredo International Airport.    

 

Motion to adopt Ordinance # 2002-O-162.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                              Against:  0                                Abstain:  0

           

2002-O-163  Amending the City of Laredo FY 2001-2002 annual budget by

appropriating current seized revenues and expenditures in the amount of $122,000.00 in the Laredo Police Department Trust Fund.  Funding will be used to pay for a detailed study to improve overall radio communication city-wide and to ensure that this system is compatible with the Mobile Data Terminals being acquired by the Laredo Police Department.  Funding is available in the Laredo Police Department Trust Fund. 

 

Motion to adopt Ordinance # 2002-O-163.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                              Against:  0                                Abstain:  0

          

                   2002-O-165  Authorizing the City Manager to accept and execute all documentation  

     from the Texas Department of Health for the “Los Dos Laredos”

     Binational Neural Tube Defects (NTD) Pilot Project of the City of Laredo

     Health Department in the amount of $43,532.00 in additional funds for

     the period beginning April 1, 2002 through March 31, 2003, and

     amending the City of Laredo FY 2001-2002 budget in the same amount.

 

Motion to adopt Ordinance # 2002-O-165.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                              Against:  0                                Abstain:  0

 

                   2002-O-166  Amending the City of Laredo FY 2001-2002 annual budget by

     appropriating additional funds in the amount of $5,394.00 from the Texas

     Department of Health for the Comprehensive Public Health Services

     Program of the City of Laredo Health Department for the period

     beginning September 1, 2001, through August 31, 2002; and authorizing

     the City Manager to amend the City of Laredo’s full-time equivalent

     positions by creating one Clerk II position.

 

Motion to adopt Ordinance # 2002-O-166.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                              Against:  0                                Abstain:  0

 

                  2002-O-167  Accepting a grant awarded by the South Texas Development Council in

     the amount of $27,100.00 and amending the City of Laredo FY 2001-

     2002 annual budget for the NPDES Fund by appropriating said grant

     revenue to the appropriate expenditure accounts.  The grant monies will

     be used for the Used Oil Recycling Program.

 

Motion to adopt Ordinance # 2002-O-167.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                              Against:  0                                Abstain:  0

 

                  2002-O-168  Authorizing the City Manager to execute a lease with SER Jobs for

Progress Southwest Texas, Inc., for approximately 6,102 square feet of office space constituting Suites 9 and 10 in Building No. 134 located at 4603 Maher Avenue at the Laredo International Airport.  Lease term is for two (2) years commencing on December 1, 2001 and ending on November 30, 2003, and lease may be terminated by either party upon giving a ninety (90) day written notice from the party terminating to the other.  Monthly rent shall be $5,800.00 commencing on December 1, 2001 and ending on November 30, 2002 and monthly rent shall be $6,245.00 commencing on December 1, 2002 and ending on November 30, 2003; providing for an effective date.

 

Motion to adopt Ordinance # 2002-O-168.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                              Against:  0                                Abstain:  0

 

                  2002-O- 169  Amending Chapter XI, Truck Traffic Division 2, Truck Routes, Section

     19-410 Truck Routes Designated, of Chapter 19, of the City of Laredo

     Code of Ordinances by deleting Jefferson Street (Westbound only) as a

     truck route between IH 35 and Santa Isabel Avenue and providing for

     publication and effective date.

 

Mayor Flores read the following letter stating objections to the Jefferson Street closing:

 

1.  Jefferson is the “front door” to the warehouse park established over  

     30 years ago.  Out of town trucks arriving need the most direct route

     into this area.  Jefferson westbound lane provides that.  Proposed  

     ordinance eliminates completely 1900 and 2000 block Jefferson.

 

2.  Real estate values are reduced in cases where access is reduced. 

     There are between 25-30 warehouses along the Jefferson corridor.

     The impact to property values may be directly related to this city

     action. 

 

3.  The perception that warehouse operators are moving out of Jefferson

      area to northside parks is not valid.  This park has one property for

      sale, none for rent.  Many northside parks have high vacancy rates

      (e.g., Tejas Industrial Park).

 

4.   The city’s staff does not recommend closing Jefferson because of

       impact on Calton Road and Scott Street as the only alternatives to 

       the Santa Isabel / Anna truck route. 

 

5.   Several years and 100’s of thousands of dollars were spent to create a second entrance to the Unitec park at exit 13, because of the negative impact one entrance with a train involved had on that area.  Why would anyone eliminate an entrance to a warehouse park intentionally?

 

6.   The Jefferson whse. District already deals with two Union Pacific tracks running north and south only 3 blocks apart.  Both trucks and passenger vehicles need two ways to enter or exit this area when trains are parked, blocking Jefferson on either set of tracks.

 

7.   The elimination of eastbound truck traffic on Jefferson failed because of very poor signage (One sign only 40” x 24” is inside the area that is out of bounds for trucks to drive.   Once a truck sees that sign, the driver is two blocks beyond avoiding the eastbound violation.

 

8.   Currently, there are no pedestrian crossing signs, no school crossing signs, and no indication to westbound trucks that they are not allowed to return to Interstate 35 the way they entered this warehouse area.  Anna Truck route now has more residential zoning, what’s next?

 

9.   The most equitable solution is to properly warn eastbound drivers in advance of the Santa Rita street railroad crossing that trucks must not return to Interstate 35 on Jefferson.  This would better be done by using  red and white signs similar to “WRONG WAY” signs seen on exit ramps of freeways and of course periodic presence of the Laredo Police also.

 

Thank you.”

 

Mike McBain

Laredo  Cotton Transfer, Inc.

 

Ms. Marcia Alexander, of International Transfer Company, spoke against the closing of Jefferson Street to commercial trucks until an overpass can be constructed along the truck route to avoid the trains.

 

Mr. Frank Averill spoke against the closing of Jefferson Street.  He mentioned that the existing truck route has been there for many years. 

 

Ms. Elia Caballero de Castillo, representing the property at 1902 Jefferson spoke against the closing.  She stated that eliminating Jefferson Street as a truck route would have a tremendous financial impact on her business.  

 

Motion to adopt Ordinance # 2002-O-169.

 

Moved:  Cm.  Ramirez

Second:  Cm.  J.  Valdez, Jr.

The main motion was not adopted because a motion was made to postpone.

 

 

 

 

Motion to postpone.

 

Moved:  Cm.  Galo

Second:  Cm.  Garcia

For:     5                              Against:  3                                Abstain:  0

                                           Cm.  Amaya

                                           Cm.  J.  Valdez, Jr.

                                           Cm.  Ramirez

 

                  2002-O- 170  Authorizing the City Manager to execute all necessary documents to

     effectively convey title to the State of Texas, the “Surface Only” of 0.33

     of an acre, more or less, parcel of land, and 0.48 of an acre, more or less,

     parcel of land, both for the construction of an acceleration lane to and a

     deceleration lane from Loop 20 onto and from Jacaman Road.  Said land

     parcels being generally described below and more particularly described

     by metes and bounds on attached Exhibits “A” & “B” and providing for

     an effective date.

 

     Parcel 1- Being a tract of land containing 0.33 acres, more or less, a part

     of Survey 1022, Abstract 654, R.S. Ramsey Original Grantee, in Webb

     County, Texas; being a part of that certain tract called to contain 1,342.47

     acres, described in Warranty Deed dated July 10, 1992, and recorded in

     Volume 47, Pages 418-42, of the Official Public Records of Webb

     County, out of a 9.37 acre tract dedicated to the City of Laredo, Texas on

     September 6, 2001 recorded in Vol. 1099, Pgs. 633-643, of the Deed

     Records of Webb County, Texas.

 

Parcel 2-Being a tract of land containing 0.48 acres, more or less, a part of Survey 1022, Abstract 654, R.S. Original Grantee, in Webb County, Texas; being a part of that certain tract called to contain 1,342.47 acres, described in Warranty Deed dated July 10, 1992, and recorded in Volume 47, Pages 418-42 of the Official Public Records of Webb County, out of a 9.37 acre tract dedicated to the City of Laredo, Texas on September 6, 2001, recorded in Vol. 1099, Pgs, 633-643 of the Deed Records of Webb County, Texas.

 

Motion to adopt Ordinance # 2002-O-170.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                              Against:  0                                Abstain:  0

 

                    2002-O-173  Amending the City of Laredo FY 2001-2002 budget in the amount of

      $16,544.00 by increasing the Texas Department of Health’s share of

     program income and expenditures for the Immunization Action Plan

     Project budget of the City of Laredo Health Department for the period of

     September 1, 2001, through August 31, 2002.

 

 

 

Motion to adopt Ordinance # 2002-O-173.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                              Against:  0                                Abstain:  0

 

                    2002-O-174  Amending the City of Laredo 2001-2002 budget in the amount of

     $1,000.00 by increasing the Texas Department of Health’s share of

     program income and expenditures for the Tuberculosis Elimination

     Program budget of the City of Laredo Health Department for the period

     of September 1, 2001, through August 31, 2002.

 

Motion to adopt Ordinance # 2002-O-174.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                              Against:  0                                Abstain:  0

 

XI.       RESOLUTIONS

 

40.  2002-R-066  Authorizing the City Manager to execute a Clinical Affiliation Agreement

between the City of Laredo Fire Department Emergency Management Service and Texas A&M International University Canseco School of Nursing.

 

Motion to approve Resolution # 2002-R-066.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                               Against:  0                                Abstain:  0

 

41.  2002-R-067  Authorizing the City Manager to accept the donation of a 30,000 gallon

Chlorine Rail Tank Car from WRG Training Simulation System with an estimated value of $22,000.00.  This equipment will be used as a training prop at the Laredo International Fire and Law Enforcement Training Center.

 

Motion to approve Resolution # 2002-R-067.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                               Against:  0                                Abstain:  0

 

42.  2002-R-068  Authorizing the City Manager to accept the donation of a 10,000 gallon

propane tank from the National Guard with an estimated value of $7,000.00 and services donated by Orozco’s Wrecker Recovery and Crane Services with an estimated value of $3,000.00 to relocate the tank to the Training Center.  This equipment will be used as a training prop at the Laredo International Fire and Law Enforcement Training Center.

 

Motion to approve Resolution # 2002-R-068.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                               Against:  0                                Abstain:  0

 

43.  2002-R-069  Authorizing the City Manager to accept the donation of one (1) used 1980

single type dwelling two (2) bedroom mobile home from Juan Narvaez Manufactured Mobile Homes with an estimated value of $5,000.00.  This used mobile home will be used as a training prop at the Laredo International Fire and Law Enforcement Training Center.

 

Motion to approve Resolution # 2002-R-069.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                               Against:  0                                Abstain:  0

 

44.  2002-R-070  A resolution accepting a grant from the United States Environmental

Protection Agency (EPA) in the amount of $115,000.00 to provide for a Vulnerability Assessment of the water and wastewater infrastructure security.

 

Motion to approve Resolution # 2002-R-070.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                               Against:  0                                Abstain:  0

 

45.  2002-R-072  Accepting a grant awarded from the Governor’s Automobile Theft

Prevention Authority in the amount of $399,292.00 to fund the Laredo Auto Theft Task Force.  The Governor’s Automobile Theft Prevention Authority will be designating $399,292.00, the City will be designating $78,858.00 in matching funds, and Webb County will be designating $31,464.00 in matching funds for a total of $509,614.00 for a one year funding period beginning September 1, 2002 through August 31, 2003.

 

Motion to approve Resolution # 2002-R-072.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                               Against:  0                                Abstain:  0

 

XII.     MOTIONS

 

46.  Consideration to award contract number FY 02-136 to the low bidders, Precision Delta

Corporation, Ruleville, MS, in the amount of $29,775.34 and C & G Wholesale, Dallas, TX, in the amount of $18,096.00 for the purchase of duty and practice ammunition for the Police Department.  Bids were requested on the following ammunition types:  .45 ACP, 9mm, 308, 00 Buck, rifle slug, and .223 cal.  Funding is available in the Police Department budget.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Abstain:  0

                  

47.  Consideration to award contract number FY 02-132 to the sole bidder, LDV, Inc.,

Burlington, Wisconsin, in the amount of $360,984.00 for the purchase of a mobile command center for the Police Department.  Funding is available in the Police Trust Fund.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Abstain:  0

 

48.  Consideration to award contract number FY 02-125 to the sole bidder, Audio

Intelligence Devices, Inc., Deerfield Beach, Florida, in the amount of $129,310.00 for the purchase of a specialized law enforcement vehicle.  Funding is available in the Police Trust Fund.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Abstain:  0

 

49.  Consideration to award annual supply contracts FY 02-120 to the low bidders meeting

specifications: Wingfoot Commercial Tire Systems, Laredo, Texas, in the estimated amount of $160,586.00; Firestone Store, Laredo, Texas, in the estimated amount of $70,656.94; and A to Z Tire and Battery, Laredo, Texas, in the estimated amount of $28,552.00 for the purchase of tires and tubes for all City vehicles.  All tires are purchased on an as needed basis.  Funding is available in the Fleet Fund.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Abstain:  0

 

50.  Consideration for approval of change order no. 2 a decrease of $3,472.17 for the

balance of quantities actually constructed in place, acceptance for the rehabilitation of concrete bridge deck, repairs, structural evaluation and assessment of load carrying capacity, and strengthening of Laredo International Bridge I and approval of final payment in the amount of $39,279.78 to C.F. Jordan, L.P., Laredo, Texas.  Final contract amount is $392,797.83.  Funding is available in the Bridge System Toll Plaza Improvements.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Abstain:  0

 

51.  Consideration to award a construction contract to the lowest bidder R. Aguero

Trucking, Laredo, Texas, for the South Laredo Park in the vicinity of Kawas Elementary School in the bid amount of $182,963.30.  Funding is available in the Community Development 26th Action Year/2000 Grant South Laredo Park.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Abstain:  0

       

52.  Consideration to approve amendment no. 2 for a feasibility study and preparation of

plans and specifications to widen Bridge II through the removal of the sidewalk areas and relocation of utilities for an increased amount of $62,000.00 as additional professional services to the engineering contract of Halliburton KBR, Houston, Texas, (formerly Brown & Root, Inc.) for the Laredo International Bridge I Strengthening Project.  Funding is available in the Bridge Improvements account.

 

Motion to approve

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Abstain:  0

 

53.  Consideration to amend the City’s contract with Parsons, Brinckerhoff, Quade and

Douglas for the preparation of an environmental assessment (EA) for the City of Laredo International Bridge No. 5 and border facilities to include the preparation of a detailed traffic analysis in the amount not to exceed $49,415.00.  The contract amount will increase from $158,788.00 to $208,203.00.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Abstain:  0

 

54.  Consideration for approval of change order no. 3 an increase of $50,646.80 to the

construction contract with MTZ Construction, Inc., Laredo, Texas, for the widening of Del Mar from Fenwick Drive to McPherson Road for over excavation of the sub-grade and placement of caliche to correct ground water conditions between Eden and McPherson.  Funding is available in the Del Mar Widening-Phase I Project.

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Abstain:  0

 

55.  Consideration to renew the Occupational Health Clinic Physician contract number FY

01-124 between the City of Laredo and David Cruz, M.D., to provide medical services as the City of Laredo designated physician for the Occupational Health Clinic located at 5512 Thomas and authorizing the City Manager to execute all contract documents.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Abstain:  0

       

56.  Consideration to renew professional service contract number FY 01-135 between the

City of Laredo and Deer Oaks Mental Health Associates for the Employee Assistance Program and to authorize the City Manager to execute all contract documents.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Abstain:  0

       

57.  Consideration to authorize the City Manager to enter into a renewed interlocal

agreement for FY 2001-2002 between the City of Laredo and the County of Webb in the amount of $133,600.00 for locally supported public health services to non-Laredo residents of Webb County for the period beginning October 21, 2001 through September 30, 2002.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     7                                        Against:  0                                            Abstain:  1

                                                                                                                                    Cm. Amaya

 

58.  Consideration to award a construction contract to the lowest bidder, Universal

Sprinkler Corporation, Houston, Texas, for the Fire Sprinkler System for the Colombia Solidarity Bridge Toll Plaza Facility in the bid amount of $50,206.00.  Funding is available in the Bridge System Toll Plaza Improvements.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Abstain:  0

 

59.  Consideration to authorize the City Manager to opt out of the Federal Health Insurance

Portability and Accountability Act of 1996 (HIPAA), effective October 1, 2002 through September 30, 2003, as a result of the City currently meeting or exceeding minimum HIPAA benefit provisions.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Abstain:  0

 

60.  Consideration to authorize the nomination of Daniel E. Migura, Jr., Administrative

Services Department Director for the 2002 Board of Trustees election for Region 7 of the Texas Municipal League Intergovernmental Employee Benefits Pool.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Abstain:  0

 

61.  Consideration to award annual contract FY 02-129 to the low bidder, JJJ International

& Safety, Inc., Laredo, Texas, in the estimated amount of $116,141.20 for providing traffic marking paint for the Traffic Department Safety Division and Airport Department.  This contract establishes the unit pricing for traffic paint and glass beads used for street and runway/taxiway striping for a one-year period.  All items will be purchased on an as needed basis.  Funding is available in the Traffic Safety and Airport Ground Maintenance budgets.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Abstain:  0

 

62.  Consideration to reject the sole bid FY 02-127 by Carl Turner Equipment, San Antonio,

Texas, in the amount of $33,500.00 for the purchase and installation of fleet service equipment at the Solid Waste Facility.  The bid pricing exceeded the budgeted amount and new bids will be secured for the equipment only.  City crews will install the equipment.  Funding is available in the Fleet Management Fund.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

63.  Consideration to award contract number FY 02-115 to the low bidder JVA’s

Investigation & Security Company, Oilton, Texas, for providing airport security guard services for the Laredo International Airport.  The term of this contract will be from the contract award date to December 31, 2003 and subject to continued appropriation of funds by the City Council or the Federal Aviation Agency (FAA).  The contract is for an estimated amount of 126 hours per week ($822.00/wk).  Funding is available in the Airport Fund.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

64.  Consideration to award contract number FY 02-137 to the low bidder, Bullen Pump

and Equipment, Inc., Houston, Texas, in the amount of $72,138.00 for the purchase of two replacement progressive cavity pumps and one grinder for the Zacate Creek Wastewater Plant.  Funds for the purchase of this equipment are available in the Utilities Department budget.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

65.  Consideration to award contract number FY02-134 to the Low Bidder, Shadeports,

Inc., San Antonio, Texas, in the amount of $48,900.00 for the installation of shade structures at the Solid Waste Facility and Tarver Recreation Center.  Funding is available in the Solid Waste Fund and the Parks and Recreation Department budget.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

   

XIII.    STAFF REPORTS

           

66.  Update report on the status of the Colonias Project.

 

       Keith Kendall, Project Manager, reported that a meeting was held on July 15, 2002, to 

       discuss several issues which have now been resolved.  Another meeting was held

       earlier today in which TxDOT representatives were present.  On State Highway 359   Work Order #1, they were able to get Tex-Mex Railway’s permission to do the geotechnical investigations and that permit is in the process of being completed at this time.  The final design plans are due this month.  They expect to go out for advertisement in September and receive bids in October with construction starting in November. 

 

The next work order is State Highway 359 Work Order #2, which is being performed by Foster Engineering.  This involves the Pueblo Nuevo Water Distribution and Wastewater Collection System.  What they are waiting for this fall is the right-of-way acquisition by the County.  They are scheduled to complete that this fall; and if that is the case, they will be ready to go out for bids at the first of the year. 

 

The State Highway 359 Work Order #3 is HNTB which is the remaining water distribution and wastewater collection system for the nine other colonias.  They are about 75% plans; they are working with the County to identify those easements and right-of-way that will be necessary that the County is not getting.  They expect that to probably go out on the first of the year.  The County is currently on schedule to obtain the right-of-way and easements this fall.  If that is the case, they expect to begin construction at the first of the year. 

 

The State Highway 359 Work Order #4 is the 16” transmission line going along 359 for all colonias.  They will have an item on the agenda for the August 19, 2002 City Council meeting requesting approval for advertisement of bids on said project.  They will begin advertisement the following week, receive bids in September, award the project in October, and expect to begin with construction toward the end of October.

 

In regards to State Highway 359 Work Orders #5 and #6, those are the ground storage tank and the booster pump station that are being completed by NRS Engineering.  They were the ones that were greatly impacted by the oversizing.  They have had meetings with them and have advised that they have already gotten the site location for the elevated storage tank.  The investigations and surveys are under way, and they are currently determining a site location for the ground storage tank.  They are scheduled to finalize plans by the first of the year and go out for advertisement in February, 2003. 

 

67.  Status report by El Metro on the improvements on Lyon and Meadow and Meadow and

       Stewart Streets in District IV.

 

 Joe Guerra, Public Works Director, reported that all the concrete has been poured on  

 the intersection of Lyon and Meadow.  Tomorrow, they will cut down Lyon Street and

 will put in the black base this Friday.  As soon as they get through with that black base,

 they will start on Stewart and get both streets ready for paving at the same time. 

 

68.  Status of the contract for the privatization of the City’s water and wastewater

       operations.

 

 Beto Ramirez, Interim Utilities Director, reported that they have had the employee 

 orientation meetings and employee interviews.  The employees have submitted job 

 applications and the offers have been made to the Utilities Department employees.  He

 mentioned that drug tests were conducted on July 23rd and 24th.   Out of 189 employees 

 tested, one employee failed and there are three more tests to be administered.   He  

 expects to have those results by the end of this week. 

 

 He stated that United Water and the City have also agreed on the allocation of space.  

 They will be carving out the middle section of the building which the Utilities

 Department will keep and United Water will keep the water pollution division, the

 water distribution and water collection.  He reported that they have contacted architect

 Robert Sepulveda and he will be providing some designs in order to go forward with all

 the closures that are anticipated.  In addition, the department will be needing a design 

 for circulation of the traffic pattern.  They are proposing to do the entrance to the  

 Utilities Department on the south side rather than on the north side.  They will also be

 allocating additional parking space to the facility.  In addition to that, they have met  

 with Rick  Johnson who will be the new Operations Director.  He further stated that he

 has finalized the benefits plan which had been pending for some time.  Employees will

 have a choice of two plans:  United Services Health plan and Mercy Health Care plan. 

 

 Cm. Gene Belmares asked for an explanation as to how the new health benefits

 package compares to what the employees are leaving behind under the City plan.

 

 Dan Migura, Administrative Services Director, stated that the City’s plan is a total plan  

 in which an employee can go to either hospital and can access a broad number of  

 doctors.  Logistically, it is difficult for someone from the outside to do what the City of  

 Laredo does for its employees through the Texas Municipal League.  He stated that 

 United Water, nevertheless, negotiated with Mercy Health Care Systems to come up  

 with a plan that in some aspects, is better than what the City offers its employees.  He

 added that when looking at the complete package, the plan being offered is a

 comparable plan with comparable choices.    

 

 Mayor Flores inquired as to the reason why seven employees did not seek to go with  

 United Water’s offer.

 

 Beto Ramirez replied that these employees are 65 years or older and they have elected 

 not to return to work with the new company.

 

 Cm. Amaya inquired whether the number of authorized personnel was 191 or 216.

 

 Beto Ramirez stated that 216 out of the 233 city employees are part of the privatization 

 effort.  He further stated that there would be 191 employees that would be offered  

 employment with United Water assuming that no other employees are lost in route.

 

 XIV.   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.

 

69.  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.  Galo

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Abstain:  0

 

After executive session, the Mayor announced that no formal action was taken.

  

XV.      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.  Amaya

            For:     8                                               Against:  0                                            Abstain:  0

           

70.  2002-RT-004  Authorizing the City Manager to accept and execute the FY 2003

Section 5307 Urban Transportation Grant/Contract No. 51322F1013 from the Texas Department of Transportation in the total amount of $500,000.00 and providing for grant/contract funds to be deposited in the City of Laredo Transit Fund.

 

Motion to approve # 2002-RT-004.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                            Against:  0                                Abstain:  0

 

71.  Consideration to award a three (3) year contract to Goodyear Tire and Rubber

Company, Akron, Ohio, in the estimated amount of $152,610.00 for providing tires to be used for Laredo Metro, Inc., (44) buses and (25) para-transit vehicles.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Abstain:  0

 

72.  Consideration of award of contracts FY 02-109 for two-year service agreements with

Andy’s Auto Repair and Supply and Thermo King of Laredo for providing bus and van fleet air conditioning service for the City of Laredo’s Transit Department. Funding is available in the Transit budget.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Abstain:  0

 

73.  Consideration to award contract number FY 02-134 to the low bidder Shadeports, Inc.,

San Antonio, Texas, in the amount of $36,176.00 for the installation of twenty-seven bus stop shade structures for the Transit System.  Funding is available in the Transit System budget.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Abstain:  0

 

74.  Consideration to authorize the City Manager to implement a new Loop 20 route for a 3-

month trial basis and report back to City Council with ridership information and recommendations.  The Loop 20 route will initiate service from August 24, 2002 through November 22, 2002  and will consist of sixteen bus hours per day.  The total net operating costs for the Loop 20 route is estimated at $53,064.00 of which $22,404.80 will be expensed in FY 2001-2002 Transit operating budget and $30,659.20 will be expensed in FY 2002-2003 Transit operating budget.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Abstain:  0

 

75.  Authorizing an additional public service contract between Texas A & M International

University and Laredo Metro, Inc., in consideration of which TAMIU agrees to pay $55.14 per hour to subsidize the operating costs for the additional bus services.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Abstain:  0

 

Motion to adjourn as the Laredo Mass Transit board and reconvene as City Council

 

 

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

       

XVI.   ADJOURNMENT

 

            Motion to adjourn.                                                                                            Time:  9:50 p.m.

 

            Moved:  Cm.  Galo

            Second:  Cm.  Agredano

            For:     8                                               Against:  0                                            Abstain:  0

 

I, Gustavo Guevara, Jr., City Secretary, do hereby certify that the above minutes contained in pages 01 to 40 are true, complete and correct proceedings of the City Council meeting held on August 5, 2002. 

 

 

                                                                        ____________________________________

                                                                        Gustavo Guevara, Jr.

                                                                        City Secretary