CITY OF LAREDO

CITY COUNCIL MEETING

M2003-R-016

CITY COUNCIL CHAMBERS

1110 HOUSTON STREET

LAREDO, TEXAS 78040

AUGUST 18, 2003

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 Flores led in the Pledge of Allegiance.

 

III.       ROLL CALL

 

            In attendance:

 

            Elizabeth G.  Flores,                                                                 Mayor

            Alfredo Agredano,                                                                    Council Member, District I

            Hector Garcia,                                                                          Council Member, District II

            John C.  Galo,                                                                          Mayor Pro Tempore, District III

            Johnny Amaya,                                                                         Council Member, District IV

            Eliseo Valdez, Jr.,                                                                     Council Member, District V

            Gene Belmares,                                                                        Council Member, District VI

            Jose A.  Valdez, Jr.,                                                                 Council Member, District VII

            Juan Ramirez,                                                                           Council Member, District VIII

            Gustavo Guevara, Jr.,                                                               City Secretary

            Larry Dovalina,                                                                         City Manager

            Cynthia Collazo,                                                                       Assistant City Manager

            Jaime Flores,                                                                            City Attorney

 

IV.       MINUTES

 

Approval of the minutes of May 19, 2003 and June 2, 2003, June 12, 2003.

 

Motion to approve.

 

Moved:  Cm.  Agredano

Second:  Cm.  Garcia

For:     8                                               Against:  0                                            Abstain:  0

 

V.        COMMUNICATIONS AND RECOGNITIONS

 

Announcements

 

None.

 

Invitations

 

None.

 

Recognitions

 

a.  Recognition of the Del Mar Little League for winning District Champs and State

     Finalists.

 

     Motion to postpone for September 2, 2003.

 

     Moved:  Cm.  Belmares

     Second:  Cm.  Amaya

     For:     8                                          Against:  0                                            Abstain:  0

 

b.  Recognition of Irma A. Gonzalez, of the Laredo Public Library, on her selection as July

     Employee of the Month.

 

Janice Weber, Library Director, mentioned the outstanding contributions that Irma A.  Gonzalez gives to the Library as an employee.  She noted she is a positive inspiration to everyone she meets.  She added that Irma Gonzalez is also the moving force behind the youth programs at the Library.   She was presented with a Seven Flags Certificate of Recognition from the City Manager and City Council.

 

c.  Recognition of Laredo Fire Department softball team for participating in the 21st Annual

Texas Firefighter Olympics in Wichita Falls, Texas by beating Odessa, 17-12 in the championship game and receiving the gold medal.

 

The Mayor read the following statement:

 

The Laredo Fire Department’s Softball team has garnered yet another trophy for the mantle at the main fire station.  The team won the goal medal at the 21st Annual Texas Firefighter Olympics in Wichita Falls, Texas.  The tournament comprised of 10 teams from throughout the Texas and Louisiana area.  It was a double elimination format.  The Fire Department Softball team beat three teams to advance to the semi-final bound.  The scores were as follows:  Bossier, with a score of 16 to 1, Fort Worth with a score of 9 to 8 and Louisville with a score of 12 to 8.  The Fire Department suffered their first loss with Odessa  loosing by a score of 19 to 16 in the Semi-Final game.  Laredo; however, bounced back in the Championship’s Game and beat Odessa 17 to 12 for the gold medal.  The Laredo Fire Department Softball team has been going to the Texas Firefighter Olympics since 1995.  Previous years, the team has won silver and bronze medals; however, today we celebrate a different color medal.  The team is made up of 22 dedicated firefighters at any given time and are participating in various tournaments throughout City of Laredo including the City of Laredo Parks and Recreations SoftBall leagues and other charity fundraising events.  This year the Department Softball Team went undefeated in the Parks and Recreations Spring season capturing season champs and playing play-off champs as well as winning the Mayor’s cup.  Because the team is made up of firefighters, the team rarely practices; however, they either played ball in high school or college.”

 

Cm.  Ramirez presented Wesley Parades a Seven Flags Certificate of Recognition for exemplifying the qualities of a true public servant as a police officer.

 

Communiqués

 

Cm.  J.  Valdez asked all drivers to observe the speed limit in school zone areas.  He also acknowledged that he was privileged to welcome First Class Private Alberto Reyna Jr. as he arrived home from Iraq.   Finally, he thanked United Water for preparing a patch job on Santa Maria. 

 

Cm.  Belmares thanked Constable Tino Juarez for helping in the safety zones for the school districts.  He noted that the Constable does a phenomenal job directing vehicular traffic in school and church zones.  He also mentioned that the United Independent School District Officers are doing a great job patrolling the safety zones.

 

Cm.  E.  Valdez asked drivers throughout the City to be extra vigilant and careful with the children going to and from the school.  He also thanked the Laredo Police Department for taking quick action at a drive-by shooting that took place in District V. 

 

Cm.  Amaya thanked Cm.  Joe Valdez and Cm.  Agredano for helping him welcome home Marine First Class Private B. J. Reyna, his nephew who served in Iraq.  He also thanked Laredo Police Department for patrolling Clark during the school hours.  He went on to thank Constable Raul Hinojosa for providing police officers at different schools.  

 

Mayor Pro Tempore Galo thanked Public Works for completing the sidewalks at San Augustine School.  He also congratulated Cm.  Agredano and the Parks and Recreations Department for their completion and grand opening of the George Washington Park.  He also reported on a trip to Austin for the signing of Senate Bill 409.  He said the bill , which would guarantee regional diversity, was sponsored by Norma Chavez of El Paso. 

 

Cm.  Garcia reminded individuals to drive safely in school zones.  He thanked the Laredo Police Department for their assistance in directing traffic in the school zones. 

 

Cm.  Agredano mentioned the ribbon cutting ceremony for the George Washington Ceremony.  He thanked Mayor Flores and other staff members for attending the George Washington ceremony.  He also thanked United Water for replacing water pipes for one of his constituents that was having problems at her resident.

 

Mayor Flores mentioned the opening of George Washington Park in District I.  She praised Horacio De Leon, Parks and Recreations Director, and his staff for their contribution to the park.  The park has an “extra touch” because it was done in-house.  She also thanked several staff members for attending the Tex-21 Summit.  She mentioned the importance of the summit.  She specifically discussed border issues as they relate to transportation.  Finally, she congratulated all the children on their first day of school.  She noted that the Council would work together to assure that school is a good experience for all students ranging from pre-K to college.   

 

 

 

VI.       APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES

 

            None.

                       

VII.  PUBLIC HEARINGS

 

1.  Public hearing concerning a denial order issued July 17, 2003 by the Historic

District/Landmark Board regarding the demolition of a portion of the structure located behind the Jitney Jungle Building (apartment section).

 

Location:  North 6' of Lot  5 & North 6' of the Eastern 37.25' of Lot 4, and all of Lots 6-7, Block 25, Western Division

Commonly known as:  901 Iturbide Street (Jitney Jungle Grocery Store)

Petitioner:  Patricia Benavides

San Agustin National Register District

 

                 Motion to open the public hearing.

 

                 Moved:  Cm.  Garcia

                 Second:  Cm.  Amaya

                 For:      8                                         Against:  0                                            Abstain:  0

 

Ron Whitehawk, representing the Mrs. Patricia Benavides, read the following letter from David Zuniga

 

July 22, 2003

 

Dear Council Members,

 

I was asked to determine if it is feasible to demolish an old Jitney Jungle Store leaving in tack the apartments, which constituted south east rear quadrant.  On July 18th an 19th I conducted sight visits to assess the property and I conclude the following: 

 

1.  Demolition of the main foundation will compromise the structural integrity of the

     foundation and will require a new grade beam system.

 

2.  The roof and second story wall structures of the apartment section normally

demolished first would present a life safety hazard during demolition of surrounding sections and would require extensive shoring systems.

 

3.  The west and north walls of the apartment portion would have to be enclosed after

demolition and the new walls would have the meet the esthetic standard continent with the existing construction. 

 

4.  The apartment facod reinforced concrete and the sub flooring systems steel are the

only surface able elements of the apartment portions of the building.  The roof and floor structures show extensive fire and water damage.  Neither is competent to receive working loads and would have to be replaced for occupancy.  Even in areas not destroyed by fire and open to the elements the roof is not weather tight.  The beautiful architectural door and window trims are rotten beyond repair.  All window frames are missing or beyond repair.  All door frames, doors, interior finishes will require replacement.  The plumbing and electrical systems will require removal and replacement as well.  We estimate the cost of restoration of the apartment building at 450,000 to 600,000 depending upon the availability of skilled partisans for each trade.  In our opinion the suggested demolition will present insuperable obstacles to market by availability and owner liability leaving aside the considerations of the historical restoration. 

 

       David Zuniga.

 

Ron Whitehawk, representing the property owner, went on to say that the issue was brought before the Historical/Landmark Board.  He said that they agreed to remove the Jitney Jungle only if damage would not be done to the apartments.  He said that you can not take down the Jitney Jungle without adversely affecting the apartments.

 

                 Motion to close the public hearing demolish the entire building and introduce.

 

                 Moved:  Cm.  Ramirez

                 Second:  Cm.  J.  Valdez

                 For:      8                                         Against:  0                                            Abstain:  1

 

                 Ordinance Introduction:  Cm.  Ramirez

 

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

City of Laredo  by rezoning the west 3/4 of Lot 7, and the north 1/2 of Lot 5, Block 178, Western Division, located at 607 Washington Street and 1014 San Eduardo Avenue, from B-1 (Limited Commercial District) to B-3 (Community Business District); providing for publication and effective date.  The Planning and Zoning Commission has recommended denial of the proposed zone change.

 

Motion to open the public hearing.

 

                 Moved:  Mayor Pro Tempore Galo

                 Second:  Cm.  Amaya

                 For:      8                                         Against:  0                                            Abstain:  0

 

Guadalupe Garcia, property owner, spoke in favor of the zone change for a restaurant or commercial parking lot.

 

Motion to close the public hearing.  Postpone and send back to Planning and Zoning for specified business use. 

 

                 Moved:  Cm.  Ramirez

                 Second:  Cm.  J.  Valdez

                 For:      8                                         Against:  0                                            Abstain:  0

 

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

City of Laredo by authorizing a Planned Unit Development Overlay District (PUD) for Lots 1-27, Block 5, Lots 1-8, Block 6, Lots 1-9, Block 7, Lots 1-3, and 5-7, Block 8, Green Subdivision, Phase I and 13.36 acres, as further described by metes and bounds on attached Exhibit "A," located north of Mines Road and south of Green Boulevard; providing for publication and effective date.  The Planning and Zoning Commission has recommended denial of the proposed Planned Unit Development Overlay District.

 

Motion to open the public hearing.

 

                 Moved:  Mayor Pro Tempore Galo

                 Second:  Cm.  Amaya

                 For:      8                                         Against:  0                                            Abstain:  0

 

                 There was no public input. 

 

                 Motion to close the public hearing and postpone.

 

                 Moved:  Cm.  J.  Valdez

                 Second:  Cm.  Amaya

                 For:      8                                         Against:  0                                            Abstain:  0

 

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

City of Laredo by rezoning 2.8347 acres, as further described by metes and bounds on attached Exhibit "A," located at approximately 4309 Highway 359 from R-3 (Mixed Residential District) and B-3 (Community Business District) to M-1 (Light Manufacturing District); providing for publication and effective date.  The Planning and Zoning Commission has recommended denial of the proposed M-1 zone & approval of a B-3 designation.

 

Motion to open the public hearing.

 

                 Moved:  Mayor Pro Tempore Galo

                 Second:  Cm.  Amaya

                 For:      8                                         Against:  0                                            Abstain:  0

 

Sonia Ruiz, a representative from the neighborhood, spoke against the zone change.  She asked Council to agree with the Planning and Zoning Commission to deny the proposed M-1 zone.    

 

                 Motion to close the public hearing and deny zone change M-1 and B-3.

 

                 Moved:  Cm.  Garcia

                 Second:  Cm.  Agredano

                 For:      8                                         Against:  0                                            Abstain:  0

 

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

City of Laredo by rezoning Lot 6, Block 1415, Eastern Division, located at 2419 Guatemozin Street from R-3 (Mixed Residential 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:  Mayor Pro Tempore Galo

                 Second:  Cm.  Agredano

                 For:      8                                         Against:  0                                            Abstain:  0

 

                  Mr.  Eralio Serna spoke against the zone change request. 

 

Ron Whitehawk, representing the property owner, submitted a petition with 16 signatures in favor of the zone change.

 

 Maria De La Luz Rubio spoke against the zone change request.

 

 Vicenta Garcia stated that she was against the zone change request.

 

 Celina Rubio requested that Council deny the zone change request. 

 

Keith Selman, City Planner, explained that under the current ordinance the business cannot apply for a Conditional Use Permit.  He went on to say that staff is revising the ordinance which would take two months.

 

Cm.  Galo said the landowner/business would not be allowed to park in the street. 

 

Motion to close the public hearing and send back to Planning and Zoning for consideration for a Conditional Use Permit.  Must comply with all requirements and wait until ordinance can be modified to allow Conditional Use Permit in B-4 to require proper off street parking. 

 

                 Moved:  Mayor Pro Tempore Galo

                 Second:  Cm.  J.  Valdez

                 For:      8                                         Against:  0                                            Abstain:  0

 

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

City of Laredo by authorizing the issuance of a Special Use Permit for the addition of an antenna on an existing tower on Lot 1, Block 1, SBMS Garza Replacement Site, located approximately at 4111 Zapata Highway; providing for publication and effective date.  The Planning and Zoning Commission has recommended approval of the proposed Special Use Permit.

 

Motion to open the public hearing.

 

                 Moved:  Mayor Pro Tempore Galo

                 Second:  Cm.  Garcia

                 For:      8                                         Against:  0                                            Abstain:  0

 

Shawn St.  John, an agent from Voice Stream PCS II Corporation, spoke in favor of the zone change request for wireless service enhancement. 

 

                 Motion to close the public hearing and introduce.

 

                 Moved:  Cm.  Agredano

                 Second:  Cm.  Amaya

                 For:      8                                         Against:  0                                            Abstain:  0

 

                 Ordinance Introduction:  Cm.  Agredano

 

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

City of Laredo by rezoning Lot 2, Block 3, Jacaman Ranch Subdivision, Unit 6, Jacaman Commercial Park, located east 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.  Garcia

                 Second:  Cm.  Amaya

                 For:      8                                         Against:  0                                            Abstain:  0

 

Flor Ayala, representing Jose Ponce Jr., spoke in favor of a B-4 zone change request for use of apartments.

 

Cm.  E.  Valdez, Jr. asked if the property owner would be willing to grant the City of Laredo the avigational easement.

 

Ron Whitehawk, representing the applicant, said the owner would be willing to donate the avigational easement to the City of Laredo.

 

                Motion to close the public hearing and introduce.

 

                Moved:  Cm.  E.  Valdez, Jr.

                Second:  Cm.  J.  Valdez, Jr.

                For:       8                                         Against:  0                                            Abstain:  0

 

                Ordinance Introduction:  Cm.  E.  Valdez, Jr.

 

8.  Public hearing and introductory ordinance amending the City of Laredo FY 2002-2003

annual budget by appropriating   revenues and expenditures in the amount $205,860.00 in funds from the Texas Department of Health and $7,048.00 in Program Income for the Tuberculosis Elimination Program of the City of Laredo Health Department for the period beginning September 1, 2003, through August 31, 2004.  

 

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 introduce.

 

                 Moved:  Cm.  Agredano

                 Second:  Cm.  Amaya

                 For:     8                                          Against:  0                                            Abstain:  0

 

                 Ordinance Introduction:  City Council

 

9.  Public hearing and introductory ordinance amending the City of Laredo FY 2002-2003

annual budget by increasing revenues and expenditures in the amount of $4,900.00 in additional funds from the Texas Department of Health - Office of Border Health for the Environmental Binational Health Conference "Food Management and Safety" of the City of Laredo Health Department for the period beginning July 1, 2003, through August 31, 2003.  These funds were awarded specifically for this conference that will be held on August 28, 2003. (Subject to approval of Resolution 2003-R-101)

 

Motion to open the public hearing.

 

                 Moved:  Cm.  Belmares

                 Second:  Cm.  Agredano

                 For:      8                                         Against:  0                                            Abstain:  0

 

                 There was no public input. 

 

                 Motion to close the public hearing and introduce.

 

                 Moved:  Cm.  Belmares

                 Second:  Cm.  Garcia

                 For:      8                                         Against:  0                                            Abstain:  0

 

                 Ordinance Introduction:  City Council

 

10.  Public hearing and introductory ordinance amending the City of Laredo Code of

Ordinances Chapter 31, Article II, Sewers and Sewage Disposal, Division I, § 31-16, Definitions, by deleting definitions; deleting Division III, Use of Public Sewers §31-51 through 31-64; increasing sections to be reserved from § 31-69 through § 31-77; repealing all conflicting ordinances; establishing pretreatment charges and fees ranging from $50.00 up to $150.00; providing a penalty; severability, publication and effective date.

 

Motion to open the public hearing.

 

                   Moved:  Cm.  Belmares

                   Second:  Cm.  E.  Valdez, Jr.

                   For:     8                                        Against:  0                                            Abstain:  0

 

                   There was no public input. 

 

                   Motion to close the public hearing and introduce.

 

                   Moved:  Cm.  Belmares

                   Second:  Cm.  Garcia

                   For:     8                                        Against:  0                                            Abstain:  0

 

                   Ordinance Introduction:  City Council

 

11.  Public hearing and introductory ordinance amending the City of Laredo Code of

Ordinances Section 31-2, entitled "Policies and Procedures for Applicants Requesting Water and Sewer Extensions" by setting new policies and procedures to calculate the pro-rata share for reimbursement based on the line capacity; Deleting references to Appendix 1 and 2, "Calculating Pro-Rata Charges" and moving and amending said calculations to newly created subsection VI; providing for publication and effective date.

 

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.  Galo

                   Second:  Cm.  Amaya

                   For:     8                                        Against:  0                                            Abstain:  0

 

                   Ordinance Introduction:  City Council

 

12.  Public hearing and introductory ordinance amending chapter 19, Motor Vehicle and

Traffic, Article VIII, Stopping, Standing or Parking, Section 19-361, City Owned Parking Lot Enforcement and Section 19-362, City-owned Parking Lot Rates and Hours of Operation, of the Code of Ordinances, City of Laredo: authorizing the establishment of monthly parking rates and enforcement regulations, for certain City-owned parking lot facilities, providing for effective date and publication.

 

Motion to open the public hearing.

 

                   Moved:  Cm.  Belmares

                   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

                   For:     8                                        Against:  0                                            Abstain:  0

 

                   Ordinance Introduction:  City Council

 

VIII.    GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS

 

A.  Request by Council Member Alfredo Agredano

 

1.  Status report on the fire hydrants within the City of Laredo.

 

Charlie Bardonner, Manager of Operations for United Water, said the number of hydrants is an ever changing number.  As our City grows, so does the length of our water distribution system and in direct proportion, the number of fire hydrants increases.  He added that the water distribution system is on the order of 500 miles in length, having grown by approximately 10 miles this year, 38 miles last year.  Fire hydrants are added typically from between 15 to 18 per mile of water distribution length.  The total number of fire hydrants is currently approaching 9,000.  A few months ago, staff was provided a listing of inoperable fire hydrants, a prioritized list of 172 hydrants.  At this time all of these hydrants have been returned to operational status having either been repaired or replaced.  We have an additional list of approximately 30 hydrants that we are systematically scheduling for repair or replacement as appropriate.

 

The system has 13 pressure zones.  Pressure in a given zone is impacted by the demand for water at a given time.  Staff is able to adjust pumping rates and other controls to the extent the system  to react to varying conditions.  With regard to fire protection, the fire department will call us in the event of an extra ordinary need for water and we are usually able to make adjustments in value settings and the number of pumps operating to satisfy the fire department’s demand for water.  In addition, staff has initiated a comprehensive program of identifying or cataloging all fire hydrants.  Our staff is systematically going to every hydrant and recording its specific location, inspecting it for leakage or damage, and testing its function recording the pressure and flow rate available at that point. We have purchased new equipment to help us collect this data and complete this inventory.  We are also in the process of exercising all valves on 12” and larger water mains as a part of this effort of learning more about our water distribution system and being able to better serve the community.  All of this data will be entered into a data base and ultimately made available to a computerized “mapping system”.  We identify problem hydrants in several ways:  the Fire Department advises us of inoperable hydrants, the police if a hydrant is impacted in an automobile accident for example, our own staff as we conduct routing flushing and system inspection activity, and finally citizens who contact us if they believe a hydrant may not be functional. 

           

B.  Request by Council Member Johnny Amaya

 

1.  Status report regarding Inner City Park.      

 

Ashley Humphries, Architect from Ashley Humphries & Sanchez Architects, reported construction is proceeding as scheduled.  The contractor is 51% complete with the work.  The final design and the detail construction drawings for the climbing wall, which is a major part of this project, have been submitted, reviewed, and approved for fabrication.  Currently the contractors are placing a roof structure and they are planning to dry the building within 10 days.  Fabrications of the case work and interior related items also underway.  Today, the contractor has earned $1.245 million dollars.  The balance remaining on the contract is $1.301and the substantial completion date is December 11, 2003.

    

C.  Request by Council Member Eliseo Valdez, Jr.

 

1.  Discussion with possible action regarding current condition of soccer fields

throughout city and need for additional fields due to increased interest in this sport.

 

Cesar Merla, soccer player, expressed his gratitude on behalf of all the soccer players who are requesting additional fields.  He stated that the sport of soccer is a sleeping giant.  The sport has grown tremendously and as a teacher/coach at the middle schools, players are forced to cut individuals because there are not enough facilities.  Creating more fields is a tremendous opportunity not only for the Chamber of Commerce but for the community itself.

 

Juan Zapata spoke in favor of creating additional fields.

 

Horacio De Leon, Parks and Recreations Director, acknowledged the need to create soccer fields with adequate irrigation, concessions, and bleachers.  He confirmed that the City has 11 soccer fields with 4,950 participants.  He noted that Laredo does need to create more fields and at the same time they need to improve the fields that are currently being used.  He mentioned that staff does meet with several different soccer leagues in order to discuss different solutions.  

 

Larry Dovalina, City Manager, mentioned that the Soccer League needs to create an association, establish ground rules, and cooperate with the City of Laredo.  The City of Laredo will be happy to cooperate with the Soccer League. 

 

Cm.  J.  Valdez said the item should be placed on the Metro Government agenda for discussion.  He mentioned that District VII has areas that could be used for a soccer field. 

 

Cm.  Belmares asked how much acreage the City has to donate for parkland? 

 

Horcacio De Leon, Parks and Recreation Director, said that the City has from 80 to 100 acres of undeveloped parkland; although, not all of the acres are usable for sporting events.   

 

Andrea Garcia expressed frustration in locating a field to play soccer with her friends.  She asked Council to consider creating more fields for the youth of Laredo. 

 

Motion to ask City Manager to instruct staff to coordinate ground rules and establish a season for the soccer leagues.  Staff should report back to Council with recommendations. 

 

Moved:  Cm.  E.  Valdez

Second:  Cm.  J.  Valdez

For:     8                                          Against:                                    Abstain:  0

 

2.  Status report on the Zacate Creek Linear Park on Saunders and Lafayette and the

     Ryan Street pedestrian bridge.

 

Rogelio Rivera, City Engineer, reported that staff submitted a short report on the Zacate Creek sidewalks.  The project is 98% complete.  The change order, which connects Plum to the bridge at Jefferson/Lyon, will be the final step.  He went on to say that staff has not heard from TxDOT about the Zacate Creek Linear Park.   

 

Cm.  E.  Valdez said the item is a safety issue.  He encouraged the City Manager to follow up with TxDOT in the form of a letter. 

 

Cm.  E.  Valdez asked about the Enhancement Grant and the pedestrian bridge.

 

Keith Selman, City Planner, said the project is moving forward.  Staff received the grant award; however, they are being very cautious about putting together funding agreements with TxDOT.  Staff is negotiating that agreement with TxDOT because they don’t want to get into an agreement that can be too costly.  He used the Meadow Project as an example.  He said the project is federally funded and must meet all federal and state requirements.  There are 35 items which must be complete before approval and 27 of them have been accomplished. 

 

Larry Dovalina, City Manager, noted that the approval of the environmental assessment came by a letter that said that the project is categorically excluded from an environmental assessment.

 

Keith Selman, City Planner, noted that staff is working with TxDOT to establish a time frame.  He reminded Council that the project is an enhancement project.  Enhancement projects involve a lengthy waiting period.   

 

Cm.  E.  Valdez asked where the project would be at the end of the year.    

 

Keith Selman, City Planner, answered that a bid would be held at the end of this year and construction would follow. 

 

Cm.  E.  Valdez asked staff to expedite the item.  He also asked staff to submit a list of items that are pending. 

 

D.  Request by Council Member Gene Belmares

 

1.  Discussion with possible action  on the soil testing results on McPherson

     between Del Mar and Shiloh.

 

Rogelio Rivera, City Engineer, said that staff submitted a short summary of the report which says that the underlying soils on McPherson between Del Mar and Shiloh are clay with a high plasticity index.  He said the utilities need inspecting because there is moisture on the surface.  The utilities can cause extensive damage.  The report gave two recommendations for paving which included use of caliche or the use of a black base. 

 

Cm.  Belmares said that if the plasticity indexes are high the City will experience the same problems.  He asked the City Manager to create a permeate solution which would entail total reconstruction of that area.   He asked for recommendations, solutions, and a cost estimate. 

                       

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

 

1.  Discussion with possible action on the proposed plan to acquire vega land from

one end of the City limits to the other and requesting that the City Manager prepare a plan of action to accomplish the same.

 

Cm.  J.  Valdez suggested that staff needs to look at how the City can preserve vega land.  He also inquired about acquiring more land in order to utilize the property for better use.

 

Motion to acquire vega land from one end of the City limits to the other and request that the City Manager prepare a plan of action to accomplish the same. 

 

Moved:  Cm.  J.  Valdez

Second:  Cm.  E.  Valdez

For:     8                                          Against:  0                                Abstain:  0

 

IX.       INTRODUCTORY ORDINANCES

 

14.  Authorizing the City Manager to execute a lease agreement with Labata Services for

approximately 117 square feet constituting AOA Office No. 3 of the Passenger Terminal Building located at 5210 Bob Bullock Loop at the Laredo International Airport.  Lease term is for one (1) year commencing July 1, 2003 and ending on June 30, 2004, and may be extended for one (1) year ending June 30, 2005.  However, it is agreed by the parties that the lease may be terminated by either party on not less than thirty (30) days written notice from the party terminating to the other.  Monthly rent shall be $300.00 and will be adjusted annually during the primary and extension term of this lease according to changes in the Consumer Price Index; providing for effective date.

 

Introduction Ordinance:  City Council

 

15.  Authorizing the City Manager to execute a Foreign Trade Zone Operations Agreement

between the City of Laredo, as Zone Grantee of Foreign Trade Zone No. 94 and Pedraza Forwarding, as zone site operator, for approximately 8,640 square feet of activated space located at 8810 Killam Industrial Boulevard, Foreign Trade Zone Site 3.  Said agreement provides that activation, administration and transaction fees be paid to the City; providing for effective date.

 

Ordinance Introduction:  City Council

 

16.  Authorizing the City Manager to execute a lease agreement with South Texas

Development Council for approximately 5,400 square feet constituting Building No. 1054 located at 4812 North Bartlett Avenue at the Laredo International Airport.  Lease term is for two (2) years and two (2) months commencing on June 1, 2003 and ending on June 30, 2005.  Monthly rent shall be $4,248.47; providing for effective date.

 

Ordinance Introduction:  City Council

 

17.  Setting the maximum speed limit on that portion of IH35 main lanes within the City

limits of Laredo, Webb County, Texas, as 60MPH, from milepoint 8.352 to milepoint 11.968 and from milepoint 0.000 to milepoint 1.917 and as 40 MPH on that portion of IH 35 frontage roads from milepoint 8.352 to milepoint 11.968 and from milepoint 0.000 to milepoint 1.904, as defined n the Texas Department of Transportation control section maps 0018-06 and 0016-05, to be in effect during reconstruction of this section of IH 35 located north of Loop 20 providing for the installation of appropriate signs to indicate speed changes in the designated areas and providing for publication and effective date.

 

Ordinance Introduction:  City Council

 

18.  Authorizing the City Manager to consent to the assignment of Riverdrive Mall Parking

Lot leases of Block 08 and Block 8A, Western Division, by Spigel Properties Laredo, Inc., a Texas Corporation (Assignor), and assumption of said parking lot leases by Morgan Stern Realty Holdings, LLC, a California Limited Liability Company, Cathy Associates, L.L.C., a Colorado Limited Liability Company, and Mary Associates, L.L.C., a Colorado Limited Liability Company (Assignee); and providing for an effective date.

 

Ordinance Introduction:   City Council

 

X.        FINAL READING OF ORDINANCES 

 

Motion to waive the Final Reading of Ordinances # 2003-O-195, # 2003-O-196, # 2003-O-197, # 2003-O-198, # 2003-O-199, # 2003-O-200, # 2003-O-201, and # 2003-O-202,

 

            Moved:  Mayor Pro Tempore Galo

            Second:  Cm.  Amaya

            For:     8                                               Against:  0                                            Abstain:  0

 

2003-O-195  Amending the City of Laredo FY 2002-2003 annual budget by increasing

revenues and expenditures in the amount of $20,000.00 in additional funds from the Texas Department of Health - Office of Border Health for the Border Health Project of the City of Laredo Health Department for the period beginning July 1, 2003, through September 30, 2003.  These funds were awarded specifically for the "Los Dos Laredos" Binational Health Conference that will be held on September 11-12, 2003.

 

Motion to adopt Ordinance # 2003-O-195.

 

Moved:  Mayor Pro Tempore Galo
Second:  Cm.  Agredano

For:     8                                      Against:  0                                Abstain:  0

 

2003-O-196  Amending Chapter 30 Taxation, Article II, Hotel Occupancy Tax, Section 30-

19; Reports; Payment, for the collection of monthly hotel-motel taxes instead of quarterly taxes, to coincide with the Texas Statutes, Chapter 156, Hotel-Motel Occupancy Tax 156.151, Report and Payment; providing for publication and effective date.

 

Motion to adopt Ordinance # 2003-O-196.

 

Moved:  Mayor Pro Tempore Galo
Second:  Cm.  Agredano

For:     8                                      Against:  0                                Abstain:  0

 

2003-O-197  Amending the City of Laredo FY 2002-2003 Parking Meter Fund budget by

appropriating a draw down of $1,000,000.00 from the opening balance and appropriating it for land acquisition.  The project consists of land acquisition and construction of a surface municipal parking lot in the downtown area.  Parking Meter Fund will be reimbursed from the proceeds of a proposed Parking Meter Fund Certificate of Obligation Bond. 

7.

 

Motion to adopt Ordinance # 2003-O-197.

 

Moved:  Mayor Pro Tempore Galo
Second:  Cm.  Agredano

For:     8                                      Against:  0                                Abstain:  0

 

2003-O-198  Amending the City of Laredo FY 2002-2003 General Fund and Bridge System

Fund budgets by transferring $3,500,000.00 from General Fund and appropriating it in the Bridge System Fund.  The amendment will draw down $3,500,000.00 from the General Fund opening balance and appropriate a transfer out of $3,500,000.00 to the Bridge System Fund for the purpose of constructing, improving and necessary land acquisition for the Bridge I Project.  General Fund will be reimbursed from the proceeds of a Toll Bridge System Revenue Bond.

 

Motion to adopt Ordinance # 2003-O-198.

 

Moved:  Mayor Pro Tempore Galo
Second:  Cm.  Agredano

For:     8                                      Against:  0                                Abstain:  0

  

2003-O-199  Accepting a grant awarded by the Criminal Justice Division, Office of the

Governor for the amount of $45,058.00 and amending the City of Laredo's 2002-2003 annual budget in the amount of $7,942.00 to fund the Juvenile Accountability Incentive Block Grant.  The Office of the Governor, Criminal Justice Division is contributing $45,058.00 with the City of Laredo designating $5,007.00 in matching funds. This funding will be used to pay for the salaries and fringe benefits of an Administrative Assistant II position and to purchase the necessary equipment to expand information within its current intelligence database for its juvenile program. Grant period is from August 1, 2003 through July 31, 2004. 

 

Motion to adopt Ordinance # 2003-O-199.

 

Moved:  Mayor Pro Tempore Galo
Second:  Cm.  Agredano

For:     8                                      Against:  0                                Abstain:  0

 

2003-O-200  Authorizing the City Manager to amend the City of Laredo's 2002-2003

annual budget in the amount of $164,778.00 to fund the Laredo Multi-Agency Narcotics Task Force. The Office of the Governor, Criminal Justice Division will be designating $1,142,115.00, and the City of Laredo and participating agencies will be designating $354,778.00 in matching funds for a total amount of $1,496,893.00.  Funding will be used to pay salaries, fringe benefits, direct operating expenses, and equipment from July 1, 2003 through May 31, 2004.

 

Motion to adopt Ordinance # 2003-O-200.

 

Moved:  Mayor Pro Tempore Galo
Second:  Cm.  Agredano

For:     8                                      Against:  0                                Abstain:  0

 

2003-O-201  Amending the City of Laredo 2002-2003 annual budget to reflect an

appropriation for the development of the West Laredo Multimodal Trade Corridor.  The appropriation of $3,250,000.00 comes from the FY 2002 Federal Transportation Spending Bill.

 

Motion to adopt Ordinance # 2003-O-201.

 

Moved:  Mayor Pro Tempore Galo
Second:  Cm.  Agredano

For:     8                                      Against:  0                                Abstain:  0

 

2003-O-202  Authorizing the City Manager to execute a budget amendment appropriating

funds from the Federal Transit Administration Grant No. TX 90X575 from FY 2001-2002 in the amount of $529,620.00 to be used  for operating expenses in FY 2002-2003 increasing the Federal contribution from $3,613,392.00 to $4,143,012.00 and decreasing the sales tax match for operating expenses from $3,682,654.00 to $3,153,034.00 and transferring $529,620.00 into sales tax reserve appropriation.

 

Motion to adopt Ordinance # 2003-O-202.

 

Moved:  Mayor Pro Tempore Galo
Second:  Cm.  Agredano

For:     8                                      Against:  0                                Abstain:  0

 

XI.       RESOLUTIONS

 

20.  2003-R-092  Accepting the donation of a 7.92 acre parcel of land for a park, from

Fasken, Ltd., a Texas Limited Partnership, out of Porcion 21, Abstract No. 49, City of Laredo, Webb County, Texas.

 

Motion to approve Resolution # 2003-R-092.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Agredano

For:     8                               Against:  0                                Abstain:  0

 

21.    2003-R-093  Accepting the donation of the "Surface Only" of a 0.3577 of an acre, more

or less, parcel of land as a Drainage Easement, from the Gates of Praise Church, First Assembly of God, for the Upper Zacate Creek Improvements Project.  Said parcel of land being out of Survey 1023, Abstract 380, Northern Division, City of Laredo, Webb County, Texas.

 

Motion to approve Resolution # 2003-R-093.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Agredano

For:     8                               Against:  0                                Abstain:  0

 

22.    2003-R-094  Accepting the donation of the "Surface Only" of a 0.0275 of an acre

parcel of land, more or less, from Julian Mendoza and Maria Mendoza, as a Utility Easement, for the Pueblo Nuevo Subdivision Right-of-Way and Easement Acquisition Project.  Said parcel of land being out of Lot 1, Block 12, Pueblo Nuevo Subdivision, City of Laredo, Webb County, Texas.

 

Motion to approve Resolution # 2003-R-094.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Agredano

For:     8                               Against:  0                                Abstain:  0

 

23.    2003-R-095  Accepting the donation of the "Surface Only" of a 0.0725 of an acre

parcel of land, more or less, from Gabriel Perez and Alberta Perez, as a Utility Easement, for the Pueblo Nuevo Subdivision Right-of-Way and Easement Acquisition Project.  Said parcel of land being out of Lot 7, Block 10, Pueblo Nuevo Subdivision, City of Laredo, Webb County, Texas.

 

Motion to approve Resolution # 2003-R-095.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Agredano

For:     8                               Against:  0                                Abstain:  0

 

24.    2003-R-096  Accepting the donation of the "Surface Only" of a 0.0344 of an acre

parcel of land, more or less, from Socorro Romero, as a Utility Easement, for the Pueblo Nuevo Subdivision Right-of-Way and Easement Acquisition Project.  Said parcel of land being out of Lot 3, Block 10, Pueblo Nuevo Subdivision, City of Laredo, Webb County, Texas.

 

Motion to approve Resolution # 2003-R-096.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Agredano

For:     8                               Against:  0                                Abstain:  0

 

25.    2003-R-097  Accepting the donation of the "Surface Only" of two parcels of land from

Rokavi, L. C., as Utility Easements for the Pueblo Nuevo Subdivision Right-of-Way and Easement Acquisition Project.  Said two parcels being: Tract 10-9-E1- a 0.1607 of an acre, more or less, parcel of land, being out of Lot 9, Block 10, and Tract 11-5-E1- a 0.0275 of an acre, more or less, parcel of land, being out of Lot 5, Block 11. Both parcels being situated in the Pueblo Nuevo Subdivision, City of Laredo, Webb County, Texas.

 

Motion to approve Resolution # 2003-R-097.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Agredano

For:     8                               Against:  0                                Abstain:  0

 

26.    2003-R-098  Authorizing the City Manager to enter into and execute an interlocal

government agreement between the City of Laredo and United Independent School District for the participation of the City of Laredo Police Department, to provide fourteen (14) officers that will be assigned to various middle and high schools.  The United Independent School District will reimburse the City of Laredo up to $134,558.00 for the 2003-2004 school year.

 

Motion to approve Resolution # 2003-R-098.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Agredano

For:     8                               Against:  0                                Abstain:  0

 

27.    2003-R-099  Establishing the highest levels of pollutant concentrations allowed

discharging into the sewer system within the City of Laredo enforced upon within Chapter 31, Article II, and Division 3 of the Code of Ordinances. 

 

Motion to approve Resolution # 2003-R-099.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Agredano

For:     8                               Against:  0                                Abstain:  0

 

28.    2003-R-100  Authorizing the City Manager to enter into a license agreement with

Kinder Morgan South Texas Pipeline, L.P. for the location and maintenance of a 10" gas pipeline across five streets to include; Mines Road, Shiloh Drive, McPherson Road, International Boulevard, Woodridge and Loop 20 in the City of Laredo, Webb County, Texas, for an annual fee of $1,080.00 and payment of arrears for prior years in the amount of $5,991.77.

 

Motion to approve Resolution # 2003-R-100.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Agredano

For:     8                               Against:  0                                Abstain:  0

 

29.    2003-R-101  Accepting a grant in the amount of $4,900.00 from the Texas Department

of Health - Office of Border Health for the Environmental Binational Health Conference "Food Management and Safety" of the City of Laredo Health Department for the period beginning July 1, 2003, through August 31, 2003.  These funds were awarded specifically for this conference that will be held on August 28, 2003.

 

Motion to approve Resolution # 2003-R-101.

 

Moved:  Cm.  Belmares

Second:  Cm.  Agredano

For:     8                               Against:  0                                Abstain:  0

  

30.    2003-R-102  Declaring the public necessity to acquire the "Surface Only" of one parcel

of land, as part of the Laredo International Airport Noise Compatibility Program.  Said parcel consisting of Lots 1, 2, 3, Block 1838, Eastern Division, City of Laredo, Webb County, Texas; and authorizing staff to negotiate with the owner for the acquisition of said parcel by purchase at a market value to be established by a State Certified Real Estate Appraiser.

 

Motion to approve Resolution # 2003-R-102.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Agredano

For:     8                               Against:  0                                Abstain:  0

 

31.    2003-R-103  Supporting the creation of a new exit from Interstate Highway 35 in order

to connect the access road adjacent to San Isidro Parkway, to be located 0.8 mile north of the existing exit for Shiloh Road and 0.25 mile south of the interchange of IH-35 and Bob Bullock Loop 20 and directing the City Secretary to forward a certified copy of the resolution to the relevant Federal and State agencies.

 

Motion to approve Resolution # 2003-R-103.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Agredano

For:     8                               Against:  0                                Abstain:  0

XII.     MOTIONS

 

32.    Consideration to approve a contract with Graphitiks Advertising Design, Inc. Laredo,

Texas, to design, produce, sell advertising and print the 2004 Laredo/Nuevo Laredo Official Visitors Guide.  Graphitiks will print, at no cost to the City of Laredo, 140,000 copies of the guide which is a 76-page full color magazine featuring "Los Dos Laredos".  The guide will be produced under the direction of the Laredo Conventions and Visitors Bureau relative to style, design, and editorial content.

 

Motion to approve.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

33.  Consideration to reject the sole bid submitted by Zertuche Construction, Laredo, Texas,

for the El Cuatro Park to be located west of Santa Cleotilde Avenue and south of Iturbide Street due to the fact that the bid amount was over the amount budgeted.  Staff recommends to divide the scope of work and construct a portion in-house and bid other portions separately.

 

Motion to approve.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

34.  Consideration for approval of change order No. 3, a decrease of ($26,180.74) for the

balance of quantities actually constructed in place, acceptance of the 2002-2003 Street Recycling Project (210.5 blocks), and approval of final payment in the amount of $192,511.78 to Cutler Repaving, Inc., Lawrence, Kansas.  Final contract amount is $511,569.06.  Funding is available in the Infrastructure Maintenance Fund (Street Materials/Cutler Repaving), 2000A CO Issue and 1998 CO Issue.

 

Motion to approve.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

35.  Consideration for approval to rescind the selection of Modern Construction, Inc.,

Laredo, Texas, as the design/build consultant for the modifications to the City of Laredo Health Department 2600 Cedar Avenue and authorizing staff to re-advertise the project.

 

Motion to approve.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Amaya

For:     7                                        Against:  0                                            Abstain:  1

                                                                                                                 Cm.  Garcia

 

36.  Consideration for approval of the selection of a consultant for the Civic Center   

       Feasibility Study Project and authorization to negotiate a professional services contract.

 

Motion to postpone for the next meeting.

 

Moved:  Cm.  J.  Valdez

Second:  Cm.  Belmares

For:     8                                        Against:  0                                            Abstain:  0

 

37.  Authorizing the City Manager to opt out of the Federal Health Insurance Portability and

Accountability Act of 1996 (HIPAA), effective October 1, 2003, 2003 through September 30, 2004, as a result of the City currently meeting or exceeding minimum HIPAA benefit provisions.

 

Motion to approve.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

38.  Consideration for acceptance of the static scale for the World Trade Bridge and

approval of final payment in the amount of $36,647.00 to A-1 Scale Service, Inc., San Antonio, Texas.  Final contract amount is $63,647.00.  Funding is available in the Bridge Department.

 

Motion to approve.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

39.  Refund of property tax to the following taxpayers and companies:

 

a.  A refund in the amount of $943.98 payable to Merlin Development, Ltd.,

Company, due to double payment.  Account #900-33091-006 was paid by Neel Title and Merlin Development.

 

b.  A refund in the amount of $591.19 payable to Fernando Zuniga, III due to a

double payment.  Account #909-00046-200 was paid by Neel Title and ABN-Amro Mortgage Company.

            Motion to approve.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

40.  Approving monthly adjustments to the tax roll.  The amount to be adjusted for the

month of July 2003, represents an increase in levy of $1,884.40.  These adjustments are determined by the Webb County Appraisal District and by court orders.

 

Motion to approve.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

41.  Approval of the 2003 Appraisal Roll from the Webb County Appraisal District for the

development of the tax roll, accepting the calculations of the effective tax rate for fiscal year 2003-2004 and setting a public hearing date of September 2, 2003 for a proposed tax rate of $0.641761/$100 value.

 

Motion to approve the 2003 Appraisal Roll from Webb County Appraisal District for the development of the tax roll.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Abstain:  0

 

Motion accepting the calculations of the effective tax rate for fiscal year 2003-2004.

 

Moved:  Cm.  Agredano

Second:  Cm.  Garcia

For:     8                                        Against:  0                                            Abstain:  0

 

Motion setting a public hearing date for September 2, 2003 for a proposed tax rate of $0.641761/100 value.

 

Moved:  Cm.  Agredano

Second:  Cm.  Garcia

For:     8                                        Against:  0                                            Abstain:  0

 

42.  Authorizing the City Manager to apply for State Public Transportation funds in the

amount of $783,869.00 with the Texas Department of Transportation, which is authorized to distribute State funds for Transit Capital and operating assistance in urbanized areas under 200,000 in population.

 

Motion to approve.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Abstain:  0

 

43.    Consideration to authorize the purchase of one custom fire truck through the Texas

Local Government Purchasing Cooperative (Buy Board) contract from American La France Gulf Coast, Houston, Texas, in the total amount of $368,748.65.  This fire truck will be assigned to Station 14 - Cielito Lindo.  Delivery is expected within six to eight months.   The initial purchase will be funded from the 2003 Certificate of Obligation bond sale proceeds for the construction of the fire station in South Laredo.  In October 2003, the amount allocated in the CD Consolidated Plan, for the this purchase, will be reclassified to the 2003 Community Development Block Grant Fund (CDBG) authorized by the Department of Housing and Urban Development (HUD) for the purchase of this fire truck.

 

Motion to approve.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Abstain:  0

     

44.  Consideration to authorize the purchase of two explosive protective suits, helmets, and

accessories from Med-Eng Systems, Inc. Ottawa, Canada, in the total amount of $35,136.00.  This specialized equipment is being purchased for the bomb squad being established at the Police Department.  Funding is available in the Police Trust Fund.

 

Motion to approve.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Abstain:  0

 

45.  Consideration to negotiate and execute a lease agreement between the City of Laredo

Police Department and GODOT, L.C., for approximately 1,708 square feet of office space for the monthly rent of $2,596.16.  The term of the lease agreement is for five years and will commence on October 1, 2003 and end on October 2, 2008.  The facility will be housing the Financial Task Force (ST HIDTA) High Intensity Drug Trafficking Area.  Funding is available in the Narcotics Task Force Grant Fund.

 

Motion to approve.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Abstain:  0

 

46.  Consideration to negotiate and execute a lease agreement between Laredo Police

Department and Montego Properties, Ltd., for approximately 2880 square feet of office space for the monthly rent of $2,880.00.  The term lease agreement is for five years and will commence on October 1, 2003 and end on October 2, 2008.  The facility will be housing the Laredo Multi-Agency Narcotic Task Force.  Funding is available in the Narcotics Task Force Grant Fund.

 

Motion to approve.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Abstain:  0

 

47.  Consideration to negotiate and execute a lease agreement between the Laredo Police

Department as lessee, and LA Ventures, Inc., as lessor for the approximate 10,000 square feet of office and warehouse space located at 2829 Airpark Drive at the Laredo International Airport Industrial Airpark.  The monthly rent is $3,500.00 per month.  The term of the lease agreement is for five years and will commence on August 19, 2003 and end on August 20, 2008.  The facility will be used as storage for evidence and for the other LPD operations.  Funding is available in the Police Department General Fund.

 

Motion to approve.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Abstain:  0

 

48.  Authorizing the City Manager to proceed, pursuant to Section 272.001 of the Local

Government Code, with the public sale of four (4) tracts of land designated non-aeronautical use land totaling 14.79 acres, for no less than fair market value, and limiting the permitted uses to medical uses only, in accordance with the City of Laredo Master Plan for that land.

 

Motion to approve.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Abstain:  0

 

XIII.    STAFF REPORTS

 

49.    A.  Status report regarding loss recovery of City of Laredo property as a result of the

              storm damage of June 2, 2003.

 

             Dan Migura, Administrative Services, gave the following report:

 

            June 2, 2003 Storm Report

 

            Dept.               Replacement              Depreciation               Actual Cash Value

            Airport             $659,592.21                $194,734.15                $464,536.86

Housing                 5,159.58                         401.58                      4,758.00

Fire                      15,464.95                      3,610,04                     11,854.91

Utilities       3,165.50                      1,146.26                       2,019.24

Police                     4,037.07                         677.66                        3,359.41

Noise Abate         49,602.48                      9,936.51                      39,665.97

Solid Waste          16,995.91                          -0-                           16,995.61

 

TOTAL          $ 754,017.70                 $ 210,506.80               $  543,510.90

 

The City of Laredo will receive an additional check for $210,506.80 for depreciation once the repairs are done.

 

The City of Laredo received an initial check for $542,190.00.

 

Still pending is approximately $400,000.00 for the Airport and $15,000 for housing.  Actual disbursements of funds for the check amount of $542,190.00 by departments were as follows:

 

Airport                         $464,370.60

Housing                              4,708.20

Fire                                   11,728.91

Utilities                    1,998.24

Police                                  3,323.41

Noise Abatmnt.                 39,244.91

Solid Waste                       16,815.91

 

Total                               542,190.00

 

City of Laredo has a $10,000 deductible per occurrence.  That is why actual disbursement of funds is different than actual cash value.  TML will apply the deductible on the next check.

 

Percent of Deductible by Department:

 

Airport             .9166%                        Utilities             .0021%           

Housing            .0050%                        Police                           .0036%

Fire                  .0126%                        Noise Abtmnt.              .0421%

Solid Waste      .0180%

 

Dan Migura, Administrative Department Director, submitted an itemized listing of damaged locations to be on file at the City Secretary’s Office. 

 

       B.  Update on the City of Laredo's Fifth International Bridge Presidential Permit

             application.

 

Mayor Flores said the City of Laredo is the only entity that can say they are applying for the Fifth Bridge Application. 

 

Cynthia Collazo, Assistant City Manager, provided a Fifth Bridge chronology for the past year:   

 

May 8, 2003 – Staff submitted a revised environmental assessment.  To enclose the

new traffic travel model that TxDOT wanted.  It was a cost of   $49,415. 

July 3, 2003 – Staff received a letter from TxDOT on the comments from the

environmental assessment.  There were two issues that they were concerned about.  They did not see inspection stations on the bridge.  The conceptual plan as well as the coast guard now comes under the department of security rather than the U.S. Department of Transportation.  Staff submitted a letter clarifying that.

July 18, 2003 - Staff sent another letter because TxDOT wanted to see

contingency acreage.  We outlined an additional 25 acres so we could satisfy that requirement.  In the meantime, we also sent Mr.  Gene Garza, Port Director, a letter asking him to clarify the issue because the federals had already advised us that they would not invest additional monies in another commercial port.

July 24, 2003 - Staff received a letter from the local district office, Diana Noble,

 mentioning that the EA Document was technically complete.   

July 25, 2003 - Staff received a letter from TxDOT advising the City that they need

to make two changes which include a contingency plan.  The plan is to submit the Presidential Permit application in a period less than two weeks.  Staff is preparing the presidential permit. All the work has been done in-house except for the environmental assessment.   The City has spent $770,000 plus on obtaining the Fifth International Bridge Presidential Permit. 

 

Larry Dovalina, City Manager, expressed his concern about several statements that were made at a Webb County Commissioner’s Meeting about the bridge application.   One of the County’s consultants, Jim Frances, suggested that there could be forced mediation between the City of Laredo and Webb County in regards to the bridge.  The staff placed a call to Dennis Lensky at the State Department and he said they would not get involved in any type of mediation.  Mr.  Dovalina mentioned that he has had several meetings with the Judge, staff, and several Council Members but their discussions were twisted by the County officials. Another discussion which took place at the Commissioners meeting denigrated the City by saying that the City is uncooperative by its lack of participation with the County.  The County gave several examples of other bridge systems; however, the comparisons were not good comparables. Several of the examples were bridges that were owned by the County and not the City.  He asked Council if he is marching to the orders that have been given to him by Council.   He expressed his desire to follow through with clear directions from the Council in regards to the Fifth Bridge application. 

 

Cm.  J.  Valdez asked the City Manager if the City of Laredo would benefit by partnering with Webb County on the bridge project. 

 

Larry Dovalina, City Manager, said the City of Laredo has a developed bridge system.  If a new bridge is built and the City incurs a loss, it would be absorbed within the bridge system.  If you have a user rate payer of a facility and the short fall of any budget is absorbed by the user of the facility, then the general community is not affected.  The tax payer in the community is not affected.   There is a difference between someone having to pay taxes on his house and someone having to pay a bridge toll at the bridge.   He said that he thinks the City has been very fortunate in the past to have a good portion of its budget paid for and has been able to sustain its tax rate at a very low rate for that very same reason.  The minute that any market sharer impacts the bridge system, it translates overall into an increase to tax payers.   We have an obligation to protect those same tax payers.  If the decision is to go on the bridge alone in order to be able to do that, then so be it.

 

Cm.  J.  Valdez said if the City of Laredo joins with the County for the 5th Bridge it will cost the tax payers money because we would have to raise taxes.  He assured the City Manager that he is not willing to work with the County on the bridge issue.  He said that the City does not have the funds to be working with the County. 

 

Cm.  Galo reminded the viewing public that Judge Bruni was opposed to the County uniting with the City for the Bridge.  He went on to say that the Judge used the issue while he was campaigning.  Judge Bruni was absolutely opposed to partnering with Webb County on the bridge issue. The city has always been opposed to working with the County on the Bridge issue.  He remarked that the bond holders would be opposed.  We have a bridge system and we are required under certain covenants to withhold the money and not compete with ourselves. The City represents 90% of all tax payers. As the city grows the county decreases.   

 

Cm.  Agredano spoke in opposition to partnering with the County on the 5th Bridge. 

 

Mayor Flores said that we are all residents of Webb County and as members of City Council, they have approved several interlocal agreements with the County.   The City has agreements with the County on fire, health, and many other issues.  It is important for the City of Laredo to have a good relationship with all governing bodies including the County; however, she noted that she was deeply offended by comments that have been made at the Webb County Commissioner’s Court.  She went on to say that it has been a one sided fight because the City has never participated in the “fight”.  We have informed the County that we are filing an application for the bridge by ourselves and they refuse to accept the fact.  We are highly insulted because they continue to play with the media for a one-sided fight.  She congratulated City staff because they have done an excellent job filing each application in-house.  She acknowledged that the City has highly qualified staff and they continue to operate bridges with no problems.  She stated that she is also deeply offended by the wild comments from the County’s highly paid consultants.  Their statements have no basis.   

 

Cm.  Belmares asked “what part of no does the County not understand?.  He expressed his opinion by stating that the City should not partner with the County  for the bridge application. 

 

Cm.  Garcia expressed his support for his colleague’s comments.  

 

Cm.  E.  Valdez instructed staff to send a copy of the Resolution to the County reminded them that the City will not partner with them for the 5th Bridge.    

 

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.

 

 

50.  Request for Executive Session pursuant to Texas Government Code Section 551.072 in

order to deliberate on the value of, and the possible purchase of, real property near the Central Business District, because deliberation in an open meeting would have a detrimental effect on the position of the City Council in negotiations with third persons; and return to open session for possible action.

 

Motion to go into Executive Session pursuant to Texas Government Code Section 551.072 in order to deliberate on the value of, and the possible purchase of, real property near the Central Business District, because deliberation in an open meeting would have a detrimental effect on the position of the City Council in negotiations with third persons; and return to open session for possible action.

 

Moved:  Cm.  Amaya

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Abstain:  0

 

After Executive Session the Mayor announced that no formal action was taken.

 

XIV.    ADJOURNMENT

 

            Motion to adjourn.                                                                                Time:  10:03 p.m.

 

            Moved:  Mayor Pro Tempore Galo

            Second:  Cm.  Belmares

            For:     8                                               Against:  0                                            Abstain:  0

 

I, Gustavo Guevara, Jr., City secretary, do hereby certify that the above and foregoing is a true and correct copy of the minutes contained in pages 01-29 are true, complete, and correct proceedings of the City Council meeting held on the 18th day of August, 2003.

 

 

                                                                          __________________________

                                                                          Gustavo Guevara, Jr.

                                                                                      City Secretary