CITY OF
CITY COUNCIL MEETING
M2003-R-07
CITY COUNCIL CHAMBERS
I. CALL TO ORDER
With a quorum present, Mayor Flores
called the meeting to order.
II. PLEDGE OF ALLEGIANCE
Mayor Flores led in the Pledge of Allegiance.
III. ROLL CALL
In attendance:
Elizabeth G. Flores, Mayor
Alfredo Agredano, Mayor
Pro Tempore, District I
Hector Garcia, Council
Member, District II
Johnny Amaya, Council
Member, District IV
Eliseo
Valdez, Jr., Council
Member, District V
Gene Belmares, Council
Member, District VI
Juan Ramirez, Council
Member, District VIII
Gustavo Guevara, Jr., City
Secretary
Jaime Flores, City
Attorney
Motion to excuse
Cm. Jose A. Valdez Jr. and Cm.
John C. Galo.
Moved: Mayor Pro Tempore Agredano
Second: Cm. Amaya
For: 5 Against: 0 Abstain: 0
Cm. Garcia was not present.
IV. MINUTES
None.
Cm. Garcia joined meeting at
V. COMMUNICATIONS AND RECOGNITIONS
Announcements
Invitations
a.
Presentation by
Norma Treviño on the HEB #
open
house on
Norma Trevino, representing H.E.B., personally invited Mayor
Flores and Council Members to join them in the ribbon cutting ceremony on their
new 78,000 square foot store located on
b.
Presentation by
Marta Stineff, Lado Lado, on the Annual Diabetes 5K Walk on
Martha Stineff,
representing Lado Lado,
stated that
of diabetes. In order
to raise awareness of this disease, they will be organizing
this walk and raise some funds in order to provide medical
services to those
afflicted with this disease as well as to increase
awareness. She invited Mayor
Flores, City Council Members, and the general public to this event.
Recognitions
a.
Recognition of
the Laredo Bucks for advancing in the playoffs of the Southern
Conference
of the CHL; and approval of Resolution 2003-R-038.
Mayor
Flores and City Council presented Kiki de Ayala with a
Resolution for the outstanding record maintained by the Laredo Bucks within the
Central Hockey League and for bringing additional tourism and commerce to the City of
b.
Recognition of
their outstanding performance at the City of
Mayor Flores presented a copy of the Resolution to each of the
members of the TAMIU Mariachi group.
c.
Recognition of
the 2002-2003 United High School Varsity Basketball Team for
their
outstanding season.
Mayor
Flores and City Council Members publicly recognized the team for their hard
work and accomplishments throughout this basketball season.
d.
Recognition of
Fernando Sotelo and Alex Quintanilla of the Environmental
Services Department's Hazardous Materials Division for receiving a
Certificate of Appreciation by the U.S. Department of the Treasury, Customs
Service, for their outstanding support and contribution to the Office of the
Resident Agent in Charge.
Mayor Flores presented Fernando Sotelo and Alex Quintanilla,
Environmental Investigators, with Certificates of Appreciation for their quick
action and contribution to the U.S. Customs Service.
e.
Recognition of
Juan R. Garza of the Parks & Recreation Department for
providing
first aid assistance to an injured child.
Mayor
Flores presented Juan R. Garza with a Seven Flags Certificate in recognition of
his forethought and immediate response to an injured child.
f. Recognition of Eulogio
"Chacho" Gonzalez, of Engineering/Public
Works
Department, for being selected March Employee of the Month.
Mayor Flores publicly recognized Eulogio
“Chacho” Gonzalez for his dedicated service and contribution to the City
of
Communiqués
a. UTSA presentation
by President Dr. Ricardo Romo.
Dr.
Romo publicly thanked Mayor Flores and Council Members
for allowing UTSA’s delegation to come into our
community and meet with students from the local high schools to inform them of
the opportunities that UTSA has to offer and to provide an exchange of
information and ideas.
Mayor Flores reminded the general public that the City’s
Environmental Services Department is holding a Household Hazardous Waste
Collection Event and Tire Roundup this weekend at the El Metro Park and
Ride. Also, the City will be hosting its Second
Small Business Hazardous Waste Collection Event on April 11th at
6912 Hwy. 359 from 9:00 a.m. to 3:00 p.m.
Mayor Flores also publicly read a portion of a resolution drafted by the
District and County Court at Law judges of
“We would like to take this opportunity to thank you for the
opportunity to serve the citizens of
The purpose of this letter is to share with the City Council our
displeasure and concern with the status of ongoing constructions projects under
the oversight and responsibility of the Texas Department of
Transportation. Our committee receives
regular updates from TxDOT and to this date not a
single project has been completed on schedule.
To name a few projects which directly impact the mobility and
safety of our citizens are the Loop 20 and McPherson Interchange, Loop 20 and
University Boulevard, Loop 20 vicinity of the Arena, Loop 20 and IH 35
Interchange and Hwy 83 and Rio Bravo Interchange to name a few. Month after month we receive reports of
projected project completion dates only to see those dates come and go. Some of the reasons given were lack of the
necessary construction materials, failure to obtain the necessary utility
easements, failure to identify additional work required and a lack of
coordination between contractors and other agencies.
Failure to complete these and other projects on time not only is
frustrating to the citizens of
Sincerely,”
Hilario Cavazos, III; Calixto Sandoval; Felix Canales; Amber Yeary; Greg Ebe; Tomas M.
Rodriguez, Jr.; Pedro Alegria; Rolando G. Ortiz; and
Henry D. Alexander – Members of the Transportation & Traffic Safety
Advisory Committee
Cm.
Agredano mentioned that he was honored to be present
at the City’s Health Department this past week to proclaim Health Week. He also thanked the Public Works Department
for the blinking lights that were installed by an elementary school on
Cm.
Amaya thanked
Cm.
E. Valdez, Jr. commented on the soldiers serving our country in
Cm.
Belmares mentioned that there were some members of
the Environmental Advisory Committee who were out this past Saturday touring
the unique green spaces that we are trying to preserve. He thanked
VI. APPOINTMENTS TO COMMISSIONS, BOARDS AND
COMMITTEES
a. Appointment by Council Member Jose A. Valdez,
Jr. of Virginia Mueller to the Board of Adjustments Committee.
Motion
to approve the appointment of Virginia Muller to the Board of Adjustments.
Moved: Mayor Pro Tempore Agredano
Second: Cm. Amaya
For: 6 Against: 0 Abstain: 0
b.
Appointment by
Council Member Juan Ramirez of Diana Rodriguez to the
Commission
for Women.
Motion to approve the appointment of Diana
Rodriguez to the Laredo Commission for Women.
Moved: Mayor Pro Tempore Agredano
Second: Cm. Amaya
For: 6 Against: 0 Abstain: 0
VII. PUBLIC HEARINGS
1. Public hearing and
introductory ordinance amending the City of Laredo FY 2002-2003
annual budget by decreasing revenues and expenditures in the
amount of $8,190.00 from the Texas Department of Health for the Tuberculosis
Prevention/Control Federal Project of the City of Laredo Health Department for
the period beginning January 1, 2003 through December 31, 2003.
Motion to open the public hearing.
Moved:
Cm. Amaya
Second: Cm. Garcia
For: 6 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing and
introduce.
Moved: Mayor Pro Tempore Agredano
Second: Cm. Belmares
For: 6 Against: 0 Abstain: 0
Ordinance Introduction:
City Council
2. Public hearing and
introductory ordinance amending an ordinance and allowing, under
the act governing the Texas Municipal Retirement System, updated
service credits: in said system on an
annual basis for service performed by qualifying members of such system who at
the effective date of the allowance are in the employment of the City of Laredo;
providing for an increased prior and current service annuities for retirees and
beneficiaries of decease retirees of the City; to increase the rate of deposits
to the Texas Municipal Retirement system by the employees of the City from 5%
to 7%; and establishing an effective date for the ordinance. This Ordinance will allow the City to
increase the City contribution rate from approximately 10% to 14% which will
improve the City employee pension plan.
Motion to open the public hearing.
Moved: Cm. Belmares
Second: Mayor Pro Tempore Agredano
For: 6 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing and
introduce.
Moved: Mayor Pro Tempore Agredano
Second: Cm. Garcia
For: 6 Against: 0 Abstain: 0
Ordinance Introduction:
City Council
3. Public hearing and
introductory ordinance authorizing the City Manager to accept a
grant in the amount of $65,000.00 from the Texas Department of
Transportation for the enforcement of the seat belt law and amending the City
of Laredo FY 2002-2003 annual budget in the amount of $65,000.00. This grant is for overtime salaries and is
funded 100% by the Texas Department of Transportation.
Motion to open the public hearing.
Moved: Mayor Pro Tempore Agredano
Second: Cm. Amaya
For: 6 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing and
introduce.
Moved:
Cm. Belmares
Second: Cm. Garcia
For: 6 Against: 0 Abstain: 0
Ordinance Introduction:
City Council
4. Public hearing and
introductory ordinance authorizing the approval of overweight
penalty fees to be considered as part of the
International Bridges toll receipts and follow the flow of funds as described
in Resolution # 98-R-164 and hereby repealing all conflicting sections in all
ordinances currently in effect.
Motion to open the public hearing.
Moved:
Cm. Belmares
Second: Cm. Amaya
For: 6 Against: 0 Abstain:
0
There was no public input.
Motion to close the public hearing and
introduce.
Moved:
Cm. Belmares
Second: Cm. Amaya
For: 6 Against: 0 Abstain: 0
Ordinance Introduction:
City Council
5. Public hearing and
introductory ordinance amending the Laredo Municipal Housing FY
2003 budget by drawing down and appropriating $865,000.00 from the
opening balance to the City’s Capital Improvement Fund. This transfer will be set up to carry out
necessary repairs associated with the owner-occupied units constructed by the
Laredo Affordable Housing Corporation as part of Los Obispos
Affordable Housing Project. The
amendment is authorized by the Laredo Municipal Housing Corporation’s Article’s
of Incorporation.
Motion to open the public hearing.
Moved: Mayor Pro Tempore Agredano
Second: Cm. Garcia
For: 6 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing and
introduce.
Moved: Mayor Pro Tempore Agredano
Second: Cm. Amaya
For: 6 Against: 0 Abstain: 0
Ordinance Introduction: City Council
VIII. GENERAL COUNCIL DISCUSSIONS AND
PRESENTATIONS
6. A. Request by Mayor Pro-Tempore Alfredo Agredano
1.
Discussion with possible action on an ordinance regarding
non-smoking.
(Co-sponsored by Council Member Hector J. Garcia)
Ms. Adriana Aguirre Craddock, Director of Coalitions and
Initiatives for Serving Children and Adolescents in Need, spoke in favor of a
non-smoking ordinance and submitted for consideration by City Council a
proposed clean air/non-smoking ordinance for the City. She submitted a preparation packet for Mayor
Flores and Council Members. She
mentioned that
Motion to amend the existing ordinance to
incorporate the additional public places.
Moved: Mayor Pro Tempore Agredano
Second: Cm. E. Valdez, Jr.
For: 6 Against: 0 Abstain:
0
B. Request by Council Member Hector J. Garcia
1.
Update on violations of car sales lots in District II.
Keith
Selman, City Planner, stated that what they try to do is get compliance rather
than issue citations. He stated that
they issued written warnings shortly after the list was presented to staff by
Cm. Garcia. He added that they typically
give the violators four to six weeks for compliance and if compliance has not
occurred within this period of time, then they issue citations. What they are preparing to do is get into a
process of looking at the used car lots for code enforcement under the existing
ordinances. If they should happen to
determine that these ordinances are inadequate they would come back to submit
an amendment to the ordinances.
C. Request by Council Member Johnny Amaya
1. Status report on the traffic study for
John
Orfila, from Public Works Department, reported that they have completed two of
the intersections:
D. Request by Council Member Gene Belmares
1.
Presentation by the Major Indoor Soccer League with discussion and
possible action.
(Co-Sponsored By Council Member Jose A. Valdez, Jr. and
Council Member Hector J. Garcia)
Steve Ryan, Commissioner of the Indoor Soccer League, spoke on expanding
its 2003/2004 season to include
2. Discussion on Storm water and Flood Plain
management issues along the
Manadas Creek area from IH 35 east to Loop 20, with possible action.
Riazul Mia, Environmental Services Director, reported that Manadas Creek is a 10,000 acre watershed up to the
river. He explained that the area along
the
Larry Dovalina, City Manager, mentioned that there have been two
major developments that have occurred since the last storm issue. Number One, on the issue of the box culvert
that TxDOT installed, there is an agreement signed
with the developer of the tract and they have taken a box culvert that now
feeds into an upper detention area.
Number Two, the large detention area will see some pipe at the base of
that particular structure to allow for drainage during normal dry weather. Consequently, when a rain event occurs there
is no water in the detention area and it will, therefore, be able to hold more
water.
3. Discussion on developing access from IH 35 to
possible action.
Keith
Selman, City Planner, stated that this is a proposal that has been seen in the
San Isidro Master Plan. He added that
the technical committee for LUTS is also the technical committee for the
Metropolitan Policy Organization committee which recommended that this project
be incorporated into next year’s Metropolitan Transportation Plan.
4. Discussion with possible action regarding
progress on the Development
Standard
Specification Book.
Keith
Selman, City Planner, reported that they have a draft document that is near
completion. He stated that they have met
with developers, contractors, and engineers in the community to work out the details
of a specification book. He expects to
bring a draft document for presentation before City Council within 30 days and
then go before the Planning and Zoning Commission. Following that action, they will bring the
final product before City Council for adoption.
Cm.
Belmares recommended that they set a time frame for
the first meeting in June for presentation of the final document.
E. Request by Council Member Juan Ramirez
1.
Discussion with possible action on striping parking spaces at the north
entrance of Dovalina Elementary.
Roberto
Murillo, Traffic Director, reported that one of his concerns at public right of
way is abiding by the ordinances regarding parking lots. He stated that the public uses the area right
now as a drop off point for the school children.
Larry
Dovalina, City Manager, stated that it would be better if staff studies the
area and makes a recommendation to make sure that homeowners on either side
have access to their properties.
2.
Status report on the Calle Iturbide
Project.
3.
Discussion with possible action on a solution to traffic congestion
around the
IX. INTRODUCTORY
ORDINANCES
7. Authorizing the City
Manager to execute a lease with Roberto Villaseñor
for
approximately 960 square feet constituting Building No.
1319 located at
Ordinance Introduction:
City Council
8. Authorizing the City
Manager to grant a license to
Communications, L.L.P. for the use of a telecommunications PVC
conduit located at the
Ordinance Introduction:
City Council
X. FINAL
Motion to waive the final readings of
Ordinance # 2003-O-075; # 2003-O-076; # 2003-O-077; # 2003-O-078; # 2003-O-079;
# 2003-O-080; # 2003-O-081; # 2003-O-082; # 2003-O-083; # 2003-O-084; # 2003-O-085;
# 2003-O-086; # 2003-O-087; # 2003-O-088; #2003-O-089; #2003-O-090; and # 2003-O-091.
Moved: Cm.
Second: Mayor Pro Tempore Agredano
For: 6 Against: 0 Abstain: 0
9. 2003-O-075 Amending the
Zoning Ordinance Map of the City of
9.6982 acres, as further described by metes and bounds in attached
Exhibit “A”, located south of Highway 359 and approximately one and a half
miles east of Loop 20, from R-1 (Single Family Residential District) to R-1A
(Single Family Reduced Area District); providing for publication and effective
date.
Motion to adopt Ordinance # 2003-O-075.
Moved: Mayor Pro Tempore Agredano
Second: Cm. Garcia
For: 6 Against: 0 Abstain: 0
2003-O-076 Amending the Zoning Ordinance Map of
the City of
8.48 acres, as further
described by metes and bounds in attached Exhibit
“A”, located at the rear
of
Commercial District) to
B-3 (Community Business District); providing for
publication
and effective date.
Motion to adopt Ordinance # 2003-O-076.
Moved: Mayor Pro Tempore Agredano
Second: Cm. Garcia
For: 6 Against: 0 Abstain: 0
2003-O-077 Amending the
Zoning Ordinance Map of the City of
16.05 acres, as further
described by metes and bounds in attached Exhibit
“A”, located west of
Indian Sunset Subdivision, Phase 3, from AG
(Agricultural District)
to R-1A (Single Family Reduced Area District);
providing
for publication and effective date.
Motion to adopt Ordinance # 2003-O-077.
Moved: Mayor Pro Tempore Agredano
Second: Cm. Garcia
For: 6 Against: 0 Abstain: 0
2003-O-078 Amending the Zoning Ordinance Map of
the City of
3.6584 acres, as further
described by metes and bounds in attached Exhibit
“A”, located west of
Highway 83 and north of
from
B-3 (Community Business District) to B-4 (Highway Commercial
District);
providing for publication and effective date.
Motion to adopt Ordinance # 2003-O-078.
Moved: Mayor Pro Tempore Agredano
Second: Cm. Garcia
For: 6 Against: 0 Abstain: 0
2003-O-079 Amending the
Zoning Ordinance Map of the City of
Lots 10, 11, and 12, Block 791, Eastern Division, located at 1402
Business District);
providing for publication and effective date.
Motion to adopt Ordinance # 2003-O-079.
Moved: Mayor Pro Tempore Agredano
Second: Cm. Garcia
For: 6 Against: 0 Abstain: 0
2003-O-080 Amending the Zoning Ordinance Map of
the City of
Lots 5, 6, 7, and 8,
Block 527, Eastern Division, located at 902
St. from R-3 (Mixed
Residential District) to R-2 (Multi-Family
Residential District);
providing for publication and effective date.
Motion to adopt Ordinance # 2003-O-080.
Moved: Mayor Pro Tempore Agredano
Second: Cm. Garcia
For: 6 Against: 0 Abstain: 0
2003-O-081 Amending the Zoning Ordinance Map of
the City of
from
B-1 (Limited Commercial District) to B-3 (Community Business
District);
providing for publication and effective date.
Motion to adopt Ordinance # 2003-O-081.
Moved: Mayor Pro Tempore Agredano
Second: Cm. Garcia
For: 6 Against: 0 Abstain: 0
2003-O-082 Amending the City of
revenue
and expenditure appropriations in the amount of $1,549,895.60 for
the
lease purchase of 60 police sedans for the Laredo Police Department.
Funding is available in
the Police Trust Fund. (As amended)
Motion to adopt Ordinance # 2003-O-082.
Moved: Mayor Pro Tempore Agredano
Second: Cm. Garcia
For: 6 Against: 0 Abstain: 0
2003-O-083 Amending the City of
$89,410.00 for the
available from the opening fund balance of the
Financial Task Force Fund (223) and will be used to purchase equipment.
Motion to adopt Ordinance # 2003-O-083.
Moved: Mayor Pro Tempore Agredano
Second: Cm. Garcia
For: 6 Against: 0 Abstain: 0
2003-O-084 Amending the City of
revenues and expenditures in the amount of $5,000.00 from the
Texas Department of Health for “Los Dos Laredos” Binational Health Council of the City of Laredo Health
Department for the period of October 1, 2002 through September 30, 2003.
Motion to adopt Ordinance # 2003-O-084.
Moved: Mayor Pro Tempore Agredano
Second: Cm. Garcia
For: 6 Against: 0 Abstain: 0
2003-O-085 Amending ordinance 88-O-006 of
ordinance 89-O-131 of
Motion to adopt Ordinance # 2003-O-085.
Moved: Mayor Pro Tempore Agredano
Second: Cm. Garcia
For: 6 Against: 0 Abstain: 0
2003-O-086 Amending the City of
Projects Fund annual
budget by appropriating revenues of $481,500.00 in
the
form of a grant and appropriating expenditures in the amount of
$481,500.00 for the
construction and redevelopment of
with
80% funding from the National Park Service UPARR Grant Program,
10% from
Community
Development Block Grants.
Motion to adopt Ordinance # 2003-O-086.
Moved: Mayor Pro Tempore Agredano
Second: Cm. Garcia
For: 6 Against: 0 Abstain: 0
2003-O-087 Amending the City of
Improvements Fund by
appropriating $4,400,000.00 from fund balance
and
appropriating expenditures in the amount of $4,400,000.00 for the
Motion to adopt Ordinance # 2003-O-087.
Moved: Mayor Pro Tempore Agredano
Second: Cm. Garcia
For: 6 Against: 0 Abstain: 0
2003-O-088 Amending Section 31-3 of the Code of
Ordinances to provide for two
exceptions to the prohibition of water services for
other than industrial purposes outside city limits, these exceptions being for
future water service (1) to the Colonias and (2) to
any facility or building owned by the City of
Motion to adopt Ordinance # 2003-O-088.
Moved: Mayor Pro Tempore Agredano
Second: Cm. Garcia
For: 6 Against: 0 Abstain: 0
2003-O-089 Authorizing the City Manager to enter
into a contract with the
Independent School District, and amending the City of Laredo FY
2002-2003 annual budget by appropriating revenues and expenditure in the amount
of $73,500.00 for Immunization Program of the City of Laredo Health Department
for the period beginning April 1, 2003 through August 31, 2003.
Motion to adopt Ordinance # 2003-O-089.
Moved: Mayor Pro Tempore Agredano
Second: Cm. Garcia
For: 6 Against: 0 Abstain: 0
2003-O-090 An ordinance re-adopting guidelines
and criteria governing tax abatements
by the City of
Motion to adopt Ordinance # 2003-O-090.
Moved: Mayor Pro Tempore Agredano
Second: Cm. Garcia
For: 6 Against: 0 Abstain: 0
2003-O-091 Authorizing the City Manager to
execute an Assignment of Lease between
the
City of
(“IBOC”) and Sanchez
O’Brien Oil and Gas Corp., A Joint Venture, as
Tenant/Assignor, for
approximately 26,965 sq. ft. of land, including the
approximate
12,000 square feet constituting the west section of Hangar
No. 1309 located at the
Ordinance No. 93-O-029
dated
5,
1998, by Ordinance No. 97-O-323. Said Assignment will be to Labata
Services,
as Assignee. All other terms and
conditions remain unchanged
and
in effect; and contingent upon approval of the Assignment of Lease,
further
authorizing the City Manager to execute a Release of Tenant’s
Liability, for the
benefit of International Bank of Commerce and Sanchez
O’Brien Oil and Gas Corporation,
A Joint Venture; providing for an
effective
date.
Motion to adopt Ordinance # 2003-O-091.
Moved: Mayor Pro Tempore Agredano
Second: Cm. Garcia
For: 6 Against: 0 Abstain: 0
XI. RESOLUTIONS
10. 2003-R-031 Declaring the
public necessity to acquire the "surface only" of a 4.3869
acre tract of land, more or less, as a
125‑feet‑wide roadway and drainage
right‑of‑way for the Springfield Avenue Extension Project;
said tract in the City of Laredo, Webb County, Texas, being situated in Porcion 24, Toribio Rodriguez
original grantee, and said 4.3869 acres being a part of that certain tract of
land called to contain 31.5 acres, which was conveyed by Gilbert L. Leyendecker and wife, June G. Leyendecker
to Leyendecker Properties, Ltd., by special warranty
deed dated March 11, 1996 and recorded in Volume 390, pages 694‑698,
Webb County deed records; and said 4.3869 acres being more particularly
described by metes and bounds on the attached exhibit "A" and shown
on the survey on the attached exhibit “B”; authorizing staff to negotiate with
the owner for the acquisition of said parcel by purchase at a market value to
be established by a state certified real estate appraiser; further authorizing the
city attorney to initiate condemnation proceedings to acquire said parcel if
staff is unable to acquire through negotiations due to inability to agree to a
purchase price, conflict of ownership, owner refusal to sell, and/or inability
to locate the listed owner; and replacing Resolutions Nos.
2001‑R‑119 and 2001‑R‑120 on the same
subject.
Motion to approve Resolution # 2003-R-031.
Moved:
Cm.
Second: Cm. Ramirez
For: 6 Against: 0 Abstain: 0
11. 2003-R-032 Supporting
improvements to the current rebate sales tax system (
Export Certificate Program)
for merchandise exported from
Miguel Conchas, President of the Laredo
Chamber of Commerce, mentioned that there are presently several bills at the
State Senate and House of Representatives that call for the elimination of the
system as we have it. It is the position
of the Chamber of Commerce that if the system is eliminated, it will have a
negative impact on the retail industry, particularly along the border. Many of the chambers across the border have
taken a position of opposing the elimination of the manifiesto
program. The Board of Directors has
taken the position of opposing the elimination of the program. He stated that they certainly are not
opposed to a system that is improved and would eliminate any kind of abuse of
the system. However, he feels that if
the system is altogether eliminated, it will have a negative impact on the
retail industry. He added that they will
continue to work with the retailers along these lines and asks for support of
the resolution that is being considered tonight.
Motion to approve Resolution # 2003-R-032.
Moved:
Cm.
Second: Cm. Ramirez
For: 6 Against: 0 Abstain:
0
12. 2003-R-033 Recognizing TAMIU
Mariachi Internacional for their outstanding
performance at the Laredo Day in
Motion
to adopt Resolution # 2003-R-033.
Moved:
Cm. Ramirez
Second: Cm. Amaya
For: 6 Against: 0 Abstain: 0
13. 2003-R-034 Directing
publication of notice of intention to issue
Combination Tax and Revenue Certificates of Obligation, Series
2003, in the principal amount of $3,550,000, for paying all or a portion of the
City’s Contractual Obligations for the purpose of constructing drainage
improvements, including a pilot channel, and constructing and equipping a fire
station, and for the payment of legal, fiscal, architectural and engineering
fees in connection with such projects.
Motion to
approve Resolution # 2003-R-034.
Moved:
Cm.
Second: Cm. Ramirez
For: 6 Against: 0 Abstain: 0
14. 2003-R-035 Directing
publication of notice of intention to issue
Combination Tax and Sewer
System Revenue Certificates of Obligation,
Series 2003, in the
principal amount of $3,660,000 for paying all or a
portion
of the City’s Contractual Obligation for the purposes of
constructing,
improving and extending the City’s Sewer System, and the
payment
of legal, fiscal and engineering fees in connection with this
project.
Motion to
approve Resolution # 2003-R-035.
Moved:
Cm.
Second: Cm. Ramirez
For: 6 Against: 0 Abstain: 0
15. 2003-R-036 Increasing the
telephone line rates for residential, non-residential, and
point-to-point services following the 2003 Consumer
Price Index (CPI) to Municipal Telecommunications right-of-ways as recommended
by the Public Utility Commission.
Motion
to approve Resolution # 2003-R-036.
Moved:
Cm.
Second: Cm. Ramirez
For: 6 Against: 0 Abstain: 0
16.
2003-R-037 Authorizing the Administrative Services to accept and execute
the policies of the Health Insurance Portability
and Accountability Act of 1996 (HIPAA); and providing for the implementation of
these policies with the employees of the City of Laredo.
Motion
to approve Resolution # 2003-R-037.
Moved:
Cm.
Second: Cm. Ramirez
For: 6 Against: 0 Abstain: 0
17. 2003-R-038 Recognizing
the Laredo Bucks for advancing in the playoffs of the
Southern Conference of the
CHL.
Motion
to approve Resolution # 2003-R-038.
Moved:
Cm.
Second: Cm. Ramirez
For: 6 Against: 0 Abstain: 0
XII. MOTIONS
18. Consideration to award
contract number FY03-047, to the sole bidder, G.T.
Distributors,
Motion to approve.
Moved: Mayor Pro Tempore Agredano
Second: Cm.
For: 6 Against: 0 Abstain: 0
19. Consideration to award
contract FY03-048 to the low bidder, Galls, Inc.,
KY, in the estimated annual amount of
$180,000.00 for the purchase of uniforms, boots and accessories.
These items are included in the Collective Bargaining Agreement between
the City and the Firefighters Union.
Each firefighter has a $500.00 clothing allowance that may be used to
purchase any of the listed items in the agreement. The term of this contract is for two years
and is contingent upon the availability of funds for the next fiscal year. Funding is available in the Fire Department’s
budget.
Motion to approve.
Moved: Mayor Pro Tempore Agredano
Second: Cm.
For: 6 Against: 0 Abstain: 0
20. Consideration to award
a lease purchase contract FY03-039 to the low bidder, Philpott
Motors, Port Neches, Texas, in the total
amount of $1,549,895.60 for the acquisition of sixty (60) replacement police
sedans; and authorizing the City Manager to sign any and all lease purchase
documents. Financing will be secured
through Ford Municipal Lease Corporation.
The City is requesting that these vehicles be delivered fully equipped
with light bars, sirens, decals, and other accessories normally installed by
the Fleet Maintenance Division. Only the
radios will be installed after the vehicles have been delivered to the
City. This will expedite the process to
activate units for patrol duty. The
lease purchase payments have been allocated in the Police Trust Fund.
Motion to approve.
Moved: Mayor Pro Tempore Agredano
Second: Cm.
For: 6 Against: 0 Abstain: 0
21. Consideration to award
a two-year contract to Fictionwise, Inc., Libwise System of
Motion to approve.
Moved: Mayor Pro Tempore Agredano
Second: Cm.
For: 6 Against: 0 Abstain: 0
22. Consideration to
authorize the City Manager to execute an agreement between the City
of
the
drainage of surface water from the Landfill and surrounding areas.
Motion to approve.
Moved: Mayor Pro Tempore Agredano
Second: Cm.
For: 6 Against: 0 Abstain: 0
23. Consideration to
authorize the City Manager to execute Amendment 2 to the Advance
Funding Agreement with the Texas
Department of Transportation (TxDOT) for the
Motion to approve.
Moved: Mayor Pro Tempore Agredano
Second: Cm.
For: 6 Against: 0 Abstain: 0
24. Consideration to
authorize the City Manager to execute an Interlocal
Agreement
between the City of
Motion to approve.
Moved: Mayor Pro Tempore Agredano
Second: Cm.
For: 6 Against: 0 Abstain:
0
25. Approving a refund in
the amount of $111.37 payable to Maria Belia E.
Juarez due to a
Webb
County Appraisal District error.
Moved: Mayor Pro Tempore Agredano
Second: Cm.
For: 6 Against: 0 Abstain: 0
XIII. STAFF REPORTS
26. A. Discussion with possible action to consider
firefighter Ramiro Garza’s request for
an extension of injury leave with pay in accordance with 143.073 (b)
of the Texas Local Government Code.
Dan Migura, Administrative Services Director, mentioned that this
item was presented on March 3rd and the department had asked that
City Council defer any action until after Mr. Garza underwent surgery. At this time, he is in recovery phase
confined in a hospital, under doctor’s care, and undergoing
rehabilitation. The last statement from
the surgeon is that it is impossible to predict whether Mr. Garza may be able to return to work. He added that Mr. Garza will be receiving his
final paycheck and use all his 28.49 hours of accrued time off on April 12th. He continues on his workers compensation and
the department requests that City Council consider under Local Government Code
to extend his injury leave with pay for 90 days.
Motion to extend Mr. Garza’s injury leave
with pay for 90 days.
Moved: Cm. Belmares
Second: Cm. E. Valdez, Jr.
For: 6 Against: 0 Abstain: 0
XIV. RECESS AS THE
MASS TRANSIT BOARD
Motion to recess as the Laredo City
Council and Convene as the Laredo Mass Transit Board.
Moved:
Cm. Belmares
Second: Mayor Pro Tempore Agredano
For: 6 Against: 0 Abstain: 0
27. Consideration to award
a one-year service contract FY03-049 to the low bidder
National Embroiders,
Motion to approve.
Moved:
Cm. Ramirez
Second: Cm. Belmares
For: 6 Against: 0 Abstain: 0
XV. RECESS AS THE
THE
Motion to adjourn as the Laredo Mass
Transit Board and reconvene as the Laredo City Council.
Moved:
Cm. Belmares
Second: Cm. Garcia
For: 6 Against: 0 Abstain: 0
XVI. 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.
XVII. ADJOURNMENT
City of
City Council Meeting
City Council Chambers
1110
SUPPLEMENTAL AGENDA
I.
General Council Discussions and Presentations
1. A.
Request by Council Member Hector Garcia.
1. Discussion with possible action regarding
trash pick up. (Co-sponsored
by Council Member Jose A.
Oscar Medina, Solid Waste Director, reported that what they
noticed was that the overtime and fuel cost was at 60% where the actual budget
is at 45%. One of the factors that
contributed to this increase is yard waste, especially on the north side. This is slowing down the garbage trucks and
increasing the overtime and fuel cost.
He stated that most citizens have been very cooperative in the number of
trash bags that they put out for collection.
He mentioned that they need a better solution for these special trucks. He would like to take some time to review
this concern and discuss it with the City Manager for alternative
solutions.
B. Request by Council Member Jose A. Valdez, Jr.
1. Discussion with possible
action regarding the GEMCO plat.
(Co-sponsored by Council
Member Johnny Amaya.)
Ron Whitehawk addressed the City Council
on behalf of Mr. Glafiro Montemayor. They presented a policy issue for consideration
and action by the City Council. He mentioned
that the City has a city subdivision ordinance which is the basis for the
submission, review, and approval of plats.
Mr. Montemayor has an existing warehouse since before the property was
inside the City limits, and the paper work was submitted in order to legalize
that tract of land so that he could do some remodeling. He went through the subdivision review
process and the subdivision plat was approved roughly 20 months ago but because
of business reasons, the plat had not been recorded. There is a timeline to allow an applicant 18
months in order to have everything reviewed, approved and recorded by the City
otherwise that approval terminates. As he
was coming closer to that deadline, Mr. Montemayor discovered that the only
thing that was of concern to the City was the plat document which was
acceptable. However, the original Letter
of Credit had been prepared under the heading of GEMCO II, and the Engineering
Department pointed out that since there was no GEMCO I there could not be a
GEMCO II and it should be amended. He
stressed that there were no changes needed on the plat and no dollar changes
between the Original Letter of Credit and as it would be revised. Due to these unforeseen circumstances, they
were able to get all paperwork complete – the plat and Letter of Credit but
only two days (on a Friday) prior to the
expiration. It is Mr. Montemayor’s position, however, that the wording under section
2.3.4 of the City subdivision ordinance all plat approvals and the conditions
therein, if any, are valid for a period of 18 months from the date on which the
approval was granted. He stated that whether the city staff might take a day,
week, or a month to approve the paperwork, once the owner has submitted within
the 18-month deadline all necessary, proper and complete paperwork, he is
entitled to have the plat filed of record and have it recorded. Therefore, what he is asking is that staff be
directed to go ahead and file the plat which has been sitting at the Planning
Department since mid-January waiting for this issue to be resolved.
Glafiro Montemayor mentioned that they have begun
with the platting of the property that he bought in order to expand his
facilities. He stated that he is in the
process of getting a new account that would bring much freight to
Keith Selman, City Planner, stated that the language on the
ordinance is very clear that the plat expires if it is not recorded within 18
months. He explained that there is also
a provision for an applicant to extend that timeline for a period of six
months. Also, a provision exists that
would allow an applicant to go for preliminary and final plat consideration
simultaneously before the Planning and Zoning Commission. This applicant is qualified to go for final
plat consideration and that plat could easily be processed and taken before the
Commission in less than three weeks from today.
He added that this would be staff’s recommendation to go forward for
preliminary and final plat consideration to the Commission within less than
three weeks.
Keith Selman, City Planner, stated that this provision has been
part of the ordinance for the past ten years.
He explained that this provision is in the ordinance because of what is
known as vested rights. He stated that
his department’s recommendation has been to obtain an extension and that did
not occur. He mentioned that this step
was not taken by the applicant.
Immediately upon the expiration of the 18-month period, it was
recommended that applicant submit his application and go forward for
preliminary and final consideration simultaneously. If the applicant had followed this suggestion
back then, this matter would not be before City Council now because it is a
mere 15-day process to go through the preliminary and final consideration.
II. Motions
2. Authorizing the City
Manager to enter into an agreement in the amount of
$45,000 with ARGUSI Systems Corporation for the delivery of a bioterrorism differential diagnosis and syndromic
surveillance software (ARGUSI) for a pilot test period that will be conducted
by the City of
alth Department from the date of agreement
through
Motion to approve.
Moved: Cm. Ramirez
Second:
Cm. Belmares
For:
6 Against: 0 Abstain: 0
III. Adjournment
Motion to adjourn. Time:
Moved: Cm.
Belmares
Second: Mayor Pro Tempore Agredano
For: 6 Against: 0 Abstain: 0
I, Gustavo Guevara, Jr., City Scretary, do hereby certify that the above minutes contained
in pages 01 though 23 are true, correct, and complete proceedings of the City
Council meeting held on
____________________________________
GUSTAVO GUEVARA, JR.