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CITY OF LAREDO CITY COUNCIL MEETING M2005-R-05 CITY COUNCIL CHAMBERS 1110 HOUSTON STREET LAREDO, TEXAS 78040 March 7, 2005 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, Council Member, District III Johnny Amaya, Mayor Pro Tem, District IV Johnny Rendon, Council Member, District V Gene Belmares, Council Member, District VI Jose A. Valdez, Jr., Council Member, District VII Juan Ramirez, Council Member, District VIII Donna Copeland-Magnon, Deputy Secretary Larry Dovalina, City Manager Cynthia Collazo, Deputy City Manager Jaime Flores, City Attorney
IV. MINUTES
Approval of the minutes of January 24, 2005.
Motion to approve the minutes.
Moved: Cm. Ramirez Second: Cm. Agredano For: 8 Against: 0 Abstain: 0 V. COMMUNICATIONS AND RECOGNITIONS
Announcements
None. Invitations
None.
Recognitions
a. Recognition of Juan Dominguez, of the Parks and Recreation Department, on his selection as February Employee of the Month.
Horacio De Leon, Parks & Recreation Department, read the following statement:
“The Parks & Recreation Department is very proud in nominating Mr. Juan Dominguez's for employee of the month for the month of February. Mr. Dominguez employment with the city began March 5, 2001 with the Civic Center Division.
As a Maintenance & Event Worker for the Civic Center Division, Mr. Dominguez’s duties include maintaining Civic Center grounds, Civic Center Facilities, beautifying the entire grounds and other miscellaneous duties. Juan has been a diligent and hard working employee in his four years with the city. He is readily available to changes in schedule and accepts responsibility when assigned tasks that is beyond his normal work assignments.
During this month of February alone, Mr. Dominguez successfully handled issues in several galas that required his assistance at the following events: dressing the civic Center Ballroom for Sister Cities Events such as setting up exhibition booths, locating extra pipe/drapes to complete the event, going the extra mile in monitoring the tent while the weather was not suitable, monitoring the access of the facility and maintaining bathrooms clean with appropriate supplies. In addition, putting the extra tough on the Princess Pocahontas Pageant and Ball, Caballeros Cocktail Party, Matinee Mexicano en Concierto, Noche Mexicana, Noche de Cabaret, Senor Internacional and other WBCA festivities. Mr. Dominguez coordinated with his co-workers on setting up tables/chairs, cleaning the ballroom/restrooms, maintaining the grounds presentable, plus providing help to WBCA staff on location, and cleaning up after each event. Juan takes the initiative during his shift to address seminar problems and requests from lessees’ to ensure their satisfaction for weddings, quinceneras and other social events that pertain to the usage of Civic Center facilities. In order to expedite completion of all assignments, Mr. Dominguez will work after hours and weekends along with his co-workers. This has shown that Mr. Dominguez is willing to take any challenge that is given to him and comes through 100% every time.
Mr. Dominguez continues to take the initiative in looking at additional ways in which he can improve the workplace, as well the Civic Center division. Without hesitation from his co-workers, Mr. Dominguez was appointed to form part of the Employee Communications Committee for the Parks and Recreation Department for his dedication and commitment in his division.
Mr. Dominguez prides himself on his work and performing in accordance with all safety requirements. He is an example to his co-workers on the importance of safety precautions.
There is no doubt that Mr. Dominguez is a valuable employee with initiative and reliability, who leads by example and demonstrates this to his co-workers in him nay contributions to the department that has earned him respect and confidence of his co-workers and management.
His dedication to his work, his dependability and his numerous contributions to the department illustrates that his nomination for employee of the month is well deserved and long over due.”
b. Recognition of the City of Laredo Police Department Retirees.
Chief Dovalina presented each retiree with a wall trophy and he read the following:
RETIREES
Lt. Pedro Palacios 09/16/1969 35 years 3 months
“Lt. Palacios or “Maximum Pete” as he was dubbed many years ago proudly served the city of Laredo as a law enforcement officer for over 35 years. He was the driving force behind the city’s development of the E911 Communications Center services which are in place today. Being tasked with the over revamping of our communications system besides running the department’s records management systems was quite a daunting and overwhelming task which our LT. took over without complaint. He was “the dean” of both our Emergency Communications System for many years, as well as serving as our records management ‘Guru’. He later took over the department’s MIS department as an additional duty which included the implementation of our department’s in-car laptop and video systems. Lt. Palacios also served as the situational Commander for LPD’s Emergency Response / SWAT Team for a number of years. This is an employee who was always ready to take on new tasks and responsibilities without hesitation and/or complaint. In fact, he thrived in whatever challenges were laid before him and always persevered. His presence will be sorely missed.”
Sgt. Roberto J. Guerrero 10/28/1974 30 years 2 months
“RJ” or “Quick Bobby” as he was called during his early years with LPD, is a veteran law enforcement officer with over 30 years of service to this community. I remember working with “RJ” as a patrolman during my rookie years with Laredo PD. I rode with him a few times and remember that he always wore the PD white cap inside the police cruiser. In the old days, all of us were required to wear our white cap at all times when responding to any call – and we’d get disciplined if the sergeant arrived on-scene at any of our calls and caught us without it. He was a very good first-line supervisor who always cared about his squads/platoons and, always went above and beyond to provide back-up to his squads of officers. He later served as an undercover narcotics operative for a number of years; as a homicide investigations supervisor; and as an criminal identification officer. He became quite adept at crime scene and latent fingerprint processing and, photography during this latter assignment. His absence will also be sorely missed.”
Sgt. Alberto Sanchez 01/09/1978 27 years
“Sergeant Sanchez, affectionately known as “El over-easy” or “El Cinco – Sin Copete” came in to LPD about 8 months before I did. His class included about 12 cadets many of which have left Laredo PD. I remember working with Albert as field officers back in the day. We worked ourselves up the ranks of Laredo’s Finest from patrolman to detective and then to sergeant. We became quite close friends during our time at PD serving as detectives together and then as rookie field sergeants – he also became my ‘padrino’ during the time. We were both LPD’s first certified hostage negotiations team in the police department’s first-ever emergency response team a few thousand years ago. We were part of a very elite SWAT / Crisis Intervention Team and were quite successful at handling crisis intervention / hostage negotiations activities for quite a number of years.
Sgt. Sanchez was our first Community-Oriented Policing Services (COPS) Sgt. and was assigned to develop and implement a model COPS service delivery method at the El Azteca neighborhood. His program was very successful and became the very model that we use in today’s LPD COPS philosophy. When I became police chief, I asked him to head our narcotics squad and make it productive. He did; taking the unit to new productive heights with record number of seizures and arrests. I then assigned him to head our former narcotics task force and to make it productive. He did and in the process was named the State’s Narcotics TF Supervisor of the Year. I then asked him to create and head our new intelligence section (LPD Central Intelligence Acquisition Unit – CIAU). He did and it continues to be successful due in large part to his vision and leadership. I consider my “padrino” to be a very close personal friend - my mentor. His ever-confident and friendly ways which always gave me the self-belief to endeavor to persevere, will be sorely missed.”
Officer Antonio Reyes 01/06/1978 27 years
“What can anyone say about my good friend, Tony Reyes, that hasn’t already been said amongst law enforcement circles. “Mr. Crime Stoppers” or “Captain Video” as he was affectionately dubbed for always being in front of a camera talking about Laredo’s Finest or taking the Crime Stoppers program to new heights of success. He’s one of the most highly decorated law enforcement officers this city has ever known. Yet, he continues to be a modest and humble individual. Tony and I go way back to a time when we were both kids. Back to the times when both he, his brother (Rule) and I would ‘hang together’ in the neighborhood; eating his Mom’s ‘tortillas de harina’ tacos con frijoles and migas in the evenings at his house; or, giving ‘serenatas on every Mother’s Day eve until the wee hours of the morning for a 6-pack of beer.
Tony was the one that would make sure I arrived to our morning briefings on time at 5:30 a.m. by picking me up every morning – Sgt. “Gutierritos” or Sgt. Rufino Benavides wouldn’t send me home again. He was one of my field training officers when the department didn’t have any FTOs and we worked side by side making many arrests together. I’ve got some colorful stories about Tony and Albert, and some of our escapades together – but, I’ll save those for a carne asada. Incidentally, you’ll still see Tony riding about town on his Harley or even in TV commercials dressed in his best Harley-Davidson attire. We’ll miss you Tony.”
Officer Hilario Ruiz 05/21/1979 25 years 6 months
“Last, but certainly not least, is Officer Ruiz. It seems like Hilario served as a police officer forever. He never got old. He came into LPD almost a year after my rookie class and served as a patrolman for a number of years before being transferred to our department’s traffic and ordinance section. He was also the department’s safety officer representing LPD at city safety committee meetings and meticulously recommending safety initiatives always with his colleagues’ best interest in mind. He was later assigned to the training division and has been the driving force behind that section’s highly successful initiatives. He’s been the one that has taken care of maintaining contacts with our state licensing authority (or TCLEOSE) where they know him intimately always ensuring that everyone of his partners is in compliance with our licensing mandates. This is the guy that comes in to Chief San Miguel’s office at about 4:59 p.m. on a Friday afternoon wanting to talk about a training project and or to get approval for some upcoming training schedule. Anyway, you give Hilario a project and he always delivers. He always accepted tasks and assignments without complaint regardless of their complexity and tediousness, and saw them through successfully. In fact, he is the one that we always consulted with about retirement and about personal finance when we were hammering out collective bargaining agreements. He’s the consummate gentleman and replacing him will also prove to be quite a difficult task. He, too, will be sorely missed.
In closing, I must say that it’s been a very interesting ride for as police chief for the past almost 9 years. I’ve had the pleasure of working side by side with each of these fine gentlemen. I remember their help, mentorship and guidance when I first became chief which I credit to our administration’s success throughout the years. Man, it seems like just yesterday we were calling LPD’s retiring officers “the Old Guard” as an affectionate title of respect. I guess through the years we’ve all evolved into that “Old Guard” ourselves. I hope we are as deserving to be called that as our predecessors once were. I would ask each of our retirees this evening to always be proud of the legacy that they leave behind The Laredo Police Department is better today because of all that tonight’s retirees did for it yesterday. I’m very proud to have served with each and every one of these dedicated officers and wish them good Luck and God Speed in their retirement.”
c. Recognition of the City of Laredo Employees who earned a degree in 2004 from Laredo Community College or Texas A&M International University.
Larry Dovalina, City Manager, said in 2003 the City of Laredo was recognized for having the best professional development program in the State of Texas. He mentioned that the city of Laredo has a tuition reimbursement program that was created ten years ago by City Council for city employees that are driven to further their education.
Dan Migura, Administrative Services Director, echoed the City Manager’s appreciation to the Council for providing funding for the tuition reimbursement. Since he began with the City, he has seen the fund increase by $50,000. He recognized the following employees:
Abel Bueno Laredo Bridge System Bachelors in Criminal Justice Veronica Domingez Health Department Bachelors in Science & Nursing Raul Gil Community Development Air-conditioning Tech Certificate Kavita Ramos Administrative Services Bachelors Business Administration Evelyn Luciano Laredo Bridge System Masters Business Administration Christina Morin Civic Center Bachelors Business Administration Edith Perez Finance Department Masters in Professional Accounting Janie Ponce Laredo Police Department Associates in Computer Information Reveca Zarazua Finance Department Masters in Business Administration
Communiqués
Leonardo De La Garza, representing the Red Cross, thanked the Mayor and City Council for recognizing March as the American Red Cross Month.
Maricela Cervantes, Project Coordinator for Red Cross, invited Council to participate in the “Mash Bash” which is an annual fund raiser for the Red Cross. She thanked the Mayor for being an American Red Cross Hero and further explained that any participant that donates $1,000 or more is a Hero for the American Red Cross.
Cm. Garcia said for 33 years the Border Olympics was held at the Laredo Independent School District. For the first time, the Border Olympics took place at United Independent School District and it was a great success. He added that the participants had to deal with the rain but everyone enjoyed the annual event. He thanked the community of Laredo and the Board of Directors for the Border Olympics for contributing their time to the event.
Cm. Galo congratulated Cm. Garcia for doing a great job coordinating the Border Olympics. He also congratulated the children who participated at the Life Downs with their 4-H projects. He applauded the Suarez Brothers for paying a new record of $15,300 for the Grand Champion Steer. He commended the Nixon Basketball Team and their coaches for their successful year. He thanked John Orfila, Public Works Manager, and his staff, the Laredo Police Department, and the Laredo Fire Department for assisting him in a situations that occurred in his district.
Mayor Pro Tempore Amaya congratulated the Nixon Basketball team for a great season. He also mentioned that he had attended the grand opening for White Swan Chinese Restaurant and he thanked the owners for believing and investing in Laredo.
Cm. Rendon mentioned that he had participated in Life Downs and was very moved by the excitement seen on the children’s faces as they participated in the event. He thanked John Orfila, Public Works Manager, staff, the Laredo Police Department for removing vagrants from under the bridges.
Cm. Belmares echoed the sentiments regarding Cm. Garcia’s involvement with the community. He said that the Council Member has always dedicated his life to the community before he served on the Council. He noted that Cm. Garcia continues to impress everyone in the community and he is honored to serve with him on the Council. He thanked the Chief and his staff for responding to several situations in District VI. He acknowledged the dangerous situations that the Laredo Police Department faces daily and commended them for doing a great job in ensuring the safety of the community.
Cm. J. Valdez said that he enjoyed helping with the Border Olympics. He agreed that Cm. Garcia did a great job in organizing the annual event and noted that he looks forward to future events. He thanked John Orfilia, Public Works Manager, for completing projects in his district and will be having a ribbon cutting ceremony soon.
Cm. Juan Ramirez congratulated Cm. Garcia for being involved with Border Olympics. He also congratulated all the honorees.
The Mayor said she took her grandson to Life Downs and it was very enjoyable. She thanked all the Life Downs participants and volunteers. She also attended the Miss Laredo Coronation and said that it was a spectacular event.
a. Mayor Elizabeth G. Flores reports on the City of Laredo Health Department.
· The City of Laredo Health Department (CLHD) has provided disease control, health promotion, and wellness activities for over 60 years.
· 200 expert and caring employees with an annual budget of over 10 million dollars protects our city against important public health threats through disease control, prevention and preparedness and addresses new and emerging health care threats such as chronic diseases, cancer, environmental health, West Nile Virus, Community Acquired Methicillin Resistant Staphylococcus Aureus (CA-MRSA) and Severe Acute Respiratory Syndrome (SARS).
· CLHD serves as the liaison between state and federal stakeholders, and policy makers for border health, public health services, primary care and research.
· Promotes a powerful Binational connection for all aspects of public health.
· Provides core public health services through 7 divisions and the administration: 1. Preventive Health Care, 2. Health Promotion, 3. Public Health Nutrition, 4. Public Health Preparedness and Epidemiology, 5. Environmental Health, 6. Laboratory, 7. Patient Care, 8. Administration.
· CLHD has a 100% age appropriate immunizations for children under 24 months of age (national average is currently 79.4%).
· Exemplary Five-Star Vital Registration and Excellence award for 7 years in a row from the Texas Department of State Health Services.
· Initiated Texas Electronic Registrar (TER) website system to register birth records more efficiently.
· Public Health Preparedness and Epidemiology Division (PHPE) held the first Binational Public Health Preparedness Forum.
· A health alert network notification system with over 200 providers was initiated to send disease control and bioterrorism alerts to local providers and hospitals.
· Level B laboratory is being developed to conduct DNA testing, a HAZMAT ID chemical tester was purchased to detect nerve agents and a joint training curriculum was developed with the Fire Department.
· Over 8,000 expert sanitation, food inspection, food management training and enforcement activities and environmental inspections/spraying were conducted.
· Awarded an EPA "Healthy Border 2012" grant for environmental health assessments to determine extent of contaminants and develop a prevention education program.
· Participated in the National Alliance of State and Territorial AIDS Directors (NASTAD) Twinning Initiative Project providing technical assistance and training to Campo Grande, Brazil.
· School Physical and Nutrition Program and Bienestar Program were initiated at both School districts to provide screening, diet and exercise services.
· Four (4) federal grants were submitted to the National Institute of Health (NIH) National Center on Diabetes, Digestive Disorders and Kidney, NIH Center for Environmental Health Sciences and the Environmental Protection Agency.
· City is represented at the American Public Health Association, co-chairs the Environmental Health Border 2012 Texas-Tamaulipas-Nuevo Leon-Coahuila Workgroup and participates on the EPA Cumulative Risks Workgroup, US-Mexico Border Health Association and the University of Texas Health Science Center-San Antonio Advisory Committee.
· Will co-host two major conferences in Laredo: Border to Border for 150 persons from Mexico, United States and Canada and the US-Mexico Border Health Association Annual Meeting for 500 persons from the 10 border states.
· Healthy Learning Center was inaugurated to support hands on teaching on diet and cooking for the over 21,000 WIC participants and their families.
· First Strategic Planning and work plan was developed.
Specific Services rendered: Immunizations Administered 78,509 Food Establishments Inspected 2,114Food Handlers trained 3,819 Rabies vacunas/No. pets 5,298 Response to calls (City/County) 14,749 Buena Vida Screening and Counseling 9,003 TB Elimination cases and direct observed therapy 607 WIC Participants 23,234 WIC Vouchers $12,000,000 Maternity/Family Planning/Well Child Visits 11,631 La Familia Clinic visits 2,700 Laboratory Tests performed 134,741 CHIP enrollment 2,100 Dental Visits 4,080 Billing, new and returning 45,000 HIV Service visits 5,382 Certified Birth Certificates issued 19,782 Certified Death certificates issued 5,427 Disease Control Investigations 1,095
VI. APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES
a. Appointment by Cm Hector Garcia of Ana L. Alvarado to the Historic District / Landmark Board.
Motion to approve with the amendment changing the last name to Alvarez.
Moved: Cm. Agredano Second: Cm. Garcia For: 8 Against: 0 Abstain: 0
b. Appointment of Mely Paez as South Texas Library System (STLS) Lay Representative and Bertha Puig as Alternate Lay Representative for two (2) year terms as required by the “Texas Library Systems Act and rules for Administering the Library System Act” / Texas Administrative Code –Title 13: Part I: Chapter 1: Library Development Section 1.115 – 1.116. (Revised, 1993) due to the resignation of Ms. Patricia Vela.
Motion to approve.
Moved: Cm. Agredano Second: Cm . J. Valdez For: 8 Against: 0 Abstain: 0
VII. PUBLIC HEARINGS
1. Public hearing and introductory ordinance amending Ordinance No. 2002-O-144 authorizing the City of Laredo Health Department to revise the current laboratory analysis services to provide care for the uninsured and others who lack access to health care in Laredo and Webb County, and amending the City of Laredo FY 2004 – 2005 Annual Budget by appropriating additional funds in the amount of $31,680.00 through the end of the fiscal year. The Department recommends that a fee of $20.00 plus cost of laboratory tests performed be charged to these clients.
Motion to open the public hearing.
Moved: Cm. Garcia Second: Cm. Amaya For: 8 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing and introduce.
Moved: Cm. Agredano Second: Cm. Garcia For: 8 Against: 0 Abstain: 0
Ordinance Introduction: City Council
2. Public hearing and introductory ordinance amending Chapter 15, Article I, Section 15-6 of the Code of Ordinances for the City of Laredo by authorizing the City of Laredo Health Department to include additional dental services provided to both children and their families in the City of Laredo and Webb County, and amend the City of Laredo FY 2004 – 2005 Annual Budget by appropriating additional funds in the amount of $29,280.00. The services provided and the amount assessed will be based on an adjusted fee scale. A dental clinic user fee of $25.00 will be charged to all adults for the initial oral examination, and any needed dental services will be based on a fee schedule that has been developed.
Motion to open the public hearing.
Moved: Cm. Garcia Second: Mayor Pro Tempore Amaya For: 8 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing and introduce.
Moved: Cm. Rendon Second: Cm. Agredano For: 8 Against: 0 Abstain: 0
Ordinance Introduction: City Council
3. Public hearing and introductory ordinance amending Chapter 15, Article I, Sections 15– 9 and 15–12 of the Code of Ordinances for the City of Laredo by authorizing the City Manager to amend the City of Laredo FY 2004 – 2005 Annual Budget by appropriating revenues and expenditures in the amount of $3,000.00, and to approve the action by the City of Laredo Health Department to provide additional nursing services to address the needs of the uninsured and those without access to health care. The cost of the nurse care will be $20.00 per visit and will be for persons without health care access and/or without health insurance.
Motion to open the public hearing.
Moved: Cm. Garcia Second: Mayor Pro Tempore Amaya For: 8 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing and introduce.
Moved: Cm. Rendon Second: Cm. Valdez For: 7 Against: 0 Abstain: 0
Cm. Agredano was not present.
Ordinance Introduction: City Council
VIII. INTRODUCTORY ORDINANCES
4. Authorizing the City Manager to execute Lessor’s Consent to an assignment of the lease agreement approved by Ordinance No. 90-O-67 dated April 16, 1990 between the City of Laredo, as Lessor, and Daniel Radiator Corporation, as Lessee, for a tract of land constituting approximately 184,842.80 square feet located at the Laredo International Airport, to Laredo Town Center, L.P., or its Nominee, which is allowed pursuant to the original lease terms. All other terms and conditions remain the same and in effect; providing for an effective date.
Ordinance Introduction: City Council 5. Authorizing the City Manager to execute an amendment to the lease agreement for approximately 16,291.44 square feet of land located at 1719 E. Hillside Street at the Laredo International Airport between the City of Laredo, as Lessor, and Miguel A. Rojas, as Lessee. Original lease agreement was approved by Ordinance No. 95-O-177 dated August 7, 1995, and was amended by Ordinance No. 98-O-284 dated November 2, 1998. Proposed amendment will modify Section 6.04 titled “Lessee’s Right to Encumber” in order to allow Lessee to encumber the lease until August 2015. All other terms and conditions remain the same and in effect; providing for an effective date.
Ordinance Introduction: City Council 6. Authorizing the City Manager to execute a contract by and on behalf of the City of Laredo, Zone Grantee of Foreign-Trade Zone No. 94 and authorizing the City Manager to enter into an Operations Agreement with Tanjore Corporation, Ltd., Zone Site Operator, to activate approximately 10,000 square feet of warehouse space located at Foreign-Trade Zone No. 94, Site 3, effective upon execution and ending on October 31, 2009. Providing activation, administration and transaction fees be paid to the City and providing for an effective date.
Ordinance Introduction: City Council
7. Authorizing the City Manager to execute all necessary documents to effectively convey fee simple title to the “Surface Only” at its adjusted market value of $26,235.00, for certain property described as a 15,432.35 sq. ft., tract of land, more or less, out of that former section of Garfield Street between Bartlett and Jarvis Avenues, to the Diocese of Laredo; provided that the City of Laredo retains the entire tract as a utility easement, said tract being situated in the Eastern Division, City of Laredo, Webb County, Texas being generally described on attached Exhibit “A”; and hereby approving the submitted Improvement Plan as described on Exhibit “B” , and which is in compliance with Section 10 of the Street Closing/Sales Policy Handbook, as approved per Resolution No. 97-R-140; and providing for an effective date.
Ordinance Introduction: City Council 8. Authorizing the City Manager to execute all necessary documents to effectively convey to Arechiga Properties, Inc., fee simple title to the “Surface Only” at its market value of $14,310.00, for certain property described as being the East 30 feet of Lot 2, Block 899, Western Division of the City of Laredo, Texas, as per the R.L. Muller Replat of said block, being a tract of land out of said Lot 2, in the Northeast corner thereof, fronting East 47.7 feet of Santa Ursula Avenue, and running West the width of said Lot 2 a distance of 30 feet in depth; being generally described on attached Exhibit ‘A’; and providing for an effective date.
Ordinance Introduction: City Council
IX. FINAL READING OF ORDINANCES
Motion to approve the Final Reading of Ordinances # 2005-O-040, # 2005-O-041, # 2005-O-042, # 2005-O-043, # 2005-O-044, # 2005-O-045 # 2005-O-046, # 2005-O-047, # 2005-O-048, # 2005-O-049, # 2005-O- 050 and # 2005-O-051.
Moved: Cm. Galo Second: Mayor Pro Tempore Amaya For: 7 Against: 0 Abstain: 0
Cm. Agredano was not present. 9. 2005-O-040 Amending the Zoning Ordinance Map of the City of Laredo by rezoning Lot 6 and the eastern ½ of Lot 8, Block 178, Western Division, located at 1015 San Dario Avenue and 609 Washington Street, from B-1 (Limited Commercial District) to B-3 (Community Business District); providing for publication and effective date. (As Amended)
Motion to adopt Ordinance # 2005-O-040.
Moved: Cm. Galo Second: Mayor Pro Tempore Amaya For: 7 Against: 0 Abstain: 0 Cm. Agredano was not present.
2005-O-041 Amending the Zoning Ordinance Map of the City of Laredo by rezoning 0.50 acres, as further described by metes and bounds in attached Exhibit “A”, located west of Hwy 83 and south of Riverhill Loop, from R-2 (Multi-Family Residential District) to B-4 (Highway Commercial District); providing for publication and effective date.
Motion to adopt Ordinance # 2005-O-041.
Moved: Cm. Galo Second: Mayor Pro Tempore Amaya For: 7 Against: 0 Abstain: 0 Cm. Agredano was not present.
2005-O-042 Amending the Zoning Ordinance Map of the City of Laredo by rezoning 9.85 acres, as further described by metes and bounds in attached Exhibit “A”, located south of Ranchway Drive, from R-2 (Multi-Family Residential District) with a Special Use Permit to B-3 (Community Business District); providing for publication and effective date.
Motion to adopt Ordinance # 2005-O-042.
Moved: Cm. Galo Second: Mayor Pro Tempore Amaya For: 7 Against: 0 Abstain: 0 Cm. Agredano was not present.
2005-O-043 Amending the Zoning Ordinance Map of the City of Laredo by rezoning Lot 1, Block 9, Santa Rita IX Subdivision, located at Soria Drive and Hwy 83, from R-2 (Multi-Family Residential District) to B-3 (Community Business District); providing for publication and effective date.
Motion to adopt Ordinance # 2005-O-043.
Moved: Cm. Galo Second: Mayor Pro Tempore Amaya For: 7 Against: 0 Abstain: 0 Cm. Agredano was not present.
2005-O-044 Amending the FY 2004 – 2005 Airport Budget by increasing revenues and expenditures in the amount of $29,688.00 and amending the Full-Time Equivalent (FTE) positions by one (1) additional Air Traffic controller effective April 1, 2005, subject to the Federal Aviation Administration agreeing to reimburse the City of Laredo for the cost of this position and authorizing the City Manager to submit an amended proposal to the Federal Aviation Administration for purposes of reimbursement to the City of Laredo for the cost of operating the Air Traffic Control Tower at the Laredo International Airport, and authorizing the City Manager to implement said budget amendment; providing for an effective date.
Motion to adopt Ordinance # 2005-O-044.
Moved: Cm. Galo Second: Mayor Pro Tempore Amaya For: 7 Against: 0 Abstain: 0 Cm. Agredano was not present.
2005-O-045 Authorizing the City Manager to accept $14,250.00 in contributions and amending the City of Laredo FY 2004 – 2005 CVB Annual Budget by appropriating revenues of $14,250.00 in the form of corporate contributions from Wells Fargo Bank in the amount of $10,000.00 for 250th Anniversary Celebration; from La Posada Hotel in the amount of $3,500.00 for the production of a promotional CD Rom; as well as contributions from Sam’s Club Foundation in the amount of $500.00 and Rosen & Cowen Logistics Customs Services, LTD. in the amount of $250.00 for the Laredo International Sister Cities Festival, and appropriating expenditures in the amount of $10,000.00 for the 250th Anniversary Division; and $4,250.00 for CVB Marketing Division expense.
Motion to adopt Ordinance # 2005-O-045.
Moved: Cm. Galo Second: Mayor Pro Tempore Amaya For: 7 Against: 0 Abstain: 0 Cm. Agredano was not present.
2005-O-046 Amending Chapter 14 (Garbage, trash & refuse) of the Code of Ordinances, specifically to refine and add definitions, to refine section titles, to revise franchise requirements, to revise landfill fees to clarify the fee for residents, change the current fee to residents for landfill disposal of yard waste from $2.00 / ton to no charge and the commercial fee for the same from $30.00 / ton to $15.00 / ton; to change the current tire disposal fee for residents from $2.00 for up to four (4) passenger car tires on weekdays and no charge on Saturdays to no charge at all times for up to four passenger car tires, and to add the acceptance of soil suitable for use as daily or intermediate landfill cover at no charge. (As Amended)
Motion to adopt Ordinance # 2005-O-046.
Moved: Cm. Galo Second: Mayor Pro Tempore Amaya For: 7 Against: 0 Abstain: 0 Cm. Agredano was not present.
2005-O-047 Amending the City of Laredo’s FY 2004-2005 full time equivalent positions by reclassifying three (3) firefighter positions to three (3) fire driver positions for the Fire Suppression Division, EMS Division and the Fire Prevention Division. Funding for these positions is available in the Fire Department Operating Budget in the amount of $15,402.00.
Motion to adopt Ordinance # 2005-O-047.
Moved: Cm. Galo Second: Mayor Pro Tempore Amaya For: 7 Against: 0 Abstain: 0 Cm. Agredano was not present.
2005-O-048 Authorizing the City Manager to enter into license agreements with ten (10) local little league associations for the use of ten (10) City playing fields for baseball programs, the term of each being up to three (3) years; no fee will be charged by the City to the associations in view of the public benefit in permitting the associations to use the city’s facilities for baseball and softball programs to benefit the youth of Laredo.
Motion to adopt Ordinance # 2005-O-048.
Moved: Cm. Galo Second: Mayor Pro Tempore Amaya For: 7 Against: 0 Abstain: 0 Cm. Agredano was not present.
2005-O-049 Setting the maximum speed limits on that portion of Killam Boulevard between IH-35 frontage and Sara Road, within the city limits of Laredo, Webb County, Texas, as 45 MPH (miles per hour), as defined in the control section map provided by the City of Laredo, Traffic Safety Department.
Motion to adopt Ordinance # 2005-O-049.
Moved: Cm. Galo Second: Mayor Pro Tempore Amaya For: 7 Against: 0 Abstain: 0 Cm. Agredano was not present.
2005-O-050 Designating certain streets west of Santa Maria Avenue and east of Santa Isabel Avenue as one-way between Zaragoza Street on the south and Victoria Street on the north, providing for the installation of appropriate signs to indicate one-way traffic in the designated direction and providing for effective date.
Motion to adopt Ordinance # 2005-O-050.
Moved: Cm. Galo Second: Mayor Pro Tempore Amaya For: 7 Against: 0 Abstain: 0 Cm. Agredano was not present.
2005-O-051 Establishing occupancy rules after City purchases a home under its Airport Noise Compatibility Program, Namely: (1) An occupancy term of up to 30-days rent-free for an owner who sells his or her home and is in the process of purchasing a replacement home; and (2) An additional occupancy term of up to 90-days rent-free for an owner who sells his or her home and provides evidence that he or she is constructing a new home and is waiting to move into it; and (3) After expiration of (1) or (2), whichever may apply, the former owner holding over will be a tenant at will and will be responsible for a monthly rent equivalent to 1/12 of 8.5% of the appraised value of the home; and providing for an effective date.
Moved: Cm. Galo Second: Mayor Pro Tempore Amaya For: 7 Against: 0 Abstain: 0 Cm. Agredano was not present.
X. RESOLUTIONS
10. 2005-R-018 Accepting the assignment of 5.1 acre feet of municipal water rights from the balance of 228.7545 acre feet deeded to the City of Laredo by Vaquillas Ranch Company, Ltd. by applying 5.1 acre feet of municipal water rights for water availability charges in connection with final plat of Concord Hills Phase IX.
Motion to approve Resolution # 2005-R-018.
Moved: Cm. Galo Second: Cm. Valdez For: 8 Against: 0 Abstain: 0
11. 2005-R-022 Urging the United States Congress to reject that portion of the President’s proposed 2006 Federal Budget that calls for the reduction of the Community Development Block Grant (CDBG) Program and require that CDBG remain fully funded; and declaring this an emergency measure necessary for the immediate preservation of public peace, safety and welfare.
Motion to approve Resolution # 2005-R-022.
Moved: Cm. Galo Second: Cm. Valdez For: 8 Against: 0 Abstain: 0
XI. MOTIONS
12. Consideration to award contract number FY05-043, to the low bidder, Al & Rob Sales, Laredo, Texas, in the estimated amount of $57,749.45 for the purchase of uniforms for Bridge Department personnel. Funding is available in the Bridge Fund.
Motion to approve.
Moved: Cm. Galo Second: Mayor Pro Tempore Amaya For: 8 Against: 0 Abstain: 0
13. Consideration to authorize the City Manager to donate and or sell surplus equipment to our Sister City of Nuevo Laredo, Tamaulipas, Mexico.
Cm. Valdez asked if the vehicles were going to be donated.
Larry Dovalina, City Manager, explained that the City of Laredo cannot donate items. The vehicles were sold at a salvage value. The City held an auction where a number of police cars were sold. Staff took the prices that were received at the auction and averaged out the cost to get the salvage value of each vehicle.
Mr. Meza, Purchasing Agent for the City of Laredo said that the City held an auction and sold several cars but staff spent a lot of time removing the decals and the light bars. All the vehicles were available to the citizens of Laredo prior to selling them to Sister Cities.
Motion to approve with the amendment of donating two vehicles to the City of El Cenizo Police Department.
Moved: Cm. Galo Second: Mayor Pro Tempore Amaya For: 7 Against: 1 Abstain: 0 Cm. Ramirez
14. Consideration to award contract FY05-049 for the following annual contracts for repair parts and service: Kinloch Equipment, Pasadena, Texas, in the estimated amount of $40,000.00 (Elgin sweepers); Industrial Disposal Supply, San Antonio, Texas, in the estimated amount of $25,000.00 (Tymco sweepers), and Nueces Power Equipment, Laredo, Texas, in the estimated amount of $20,000.00 (Case equipment). All parts and service will be purchased on an as needed basis. Funding is available in the Fleet Maintenance Budget.
Motion to approve.
Moved: Cm. Galo Second: Mayor Pro Tempore Amaya For: 8 Against: 0 Abstain: 0
15. Consideration for approval of Change Order No. 1 a decrease of $7,356.00, to delete two (2) blocks at Milmo from Lane to Musser Street, acceptance of the CDBG Sidewalks City-wide Project No. 25 (30 Blocks) and approval of final payment in the amount of $13,032.75 to Triple A Concrete, Inc., Laredo, Texas. Final contract amount is $130,327.75. Funding is available in the Community Development Fund CD Projects/School Sidewalks – 28th Action Year/2002 Grant and Retainage Payable.
Motion to approve.
Moved: Cm. Galo Second: Mayor Pro Tempore Amaya For: 8 Against: 0 Abstain: 0
16. Consideration for approval of Amendment No. 1 an increase of $77,070.00 to the professional services contract with Howland Geoscience, Inc., Laredo, Texas, to award Part II of the contract to provide laboratory, sampling and testing services of materials for quality control for the City of Laredo Bridge of Americas Modification Project (El Portal). Funding is available in the Bridge System – Engineer Fees.
Motion to approve.
Moved: Cm. Galo Second: Mayor Pro Tempore Amaya For: 8 Against: 0 Abstain: 0
17. Consideration to amend the existing multi-year contract with Crystal Group, Inc., a Texas Corporation from $78,450.00 up to $254,765.00 for Fiscal Year 2004 – 2005, to include contractual obligations of the City of Laredo related to lighting and staging of the “Miss Texas USA Pageant”. Funding is available in the Laredo Conventions and Visitors Bureau Budget.
Motion to postpone.
Moved: Cm. Valdez Second: Cm. Ramirez For: 8 Against: 0 Abstain: 0
18. Authorizing the City Manager to amend the existing contract with Carlos J. Romero, D.D.S., in the amount of $27,400.00, to provide public health services to clients of the Dental Clinic of the City of Laredo Health Department for the period beginning October 1, 2004 through September 30, 2005. The original contract was in the amount of $16,800.00. There is a need to increase the number of visits provided by Dr. Romero to accommodate patient load. Funds to be utilized are from the 226-6051 and 226-6079 Texas Department of State Health Services Title V-Dental Budget.
Motion to approve.
Moved: Cm. Galo Second: Mayor Pro Tempore Amaya For: 8 Against: 0 Abstain: 0
19. Awarding a contract, not to exceed $34,100.00 to Musically Aligned, Descanso, California; and authorizing the City Manager to execute said professional services contract. Contract will provide for consulting services for the creation of early childhood environmental educational materials. Funding is available from a Border 2012 grant from the United States Environmental Protection Agency (USEPA) and from the NPDES Fund.
Motion to approve.
Moved: Cm. Galo Second: Mayor Pro Tempore Amaya For: 7 Against: 1 Abstain: 0 Cm. Valdez
20. Consideration to authorize the purchase of a forty (40) foot steel frame octagonal pavilion shelter from Hunter-Knepshield of Texas, Inc., Dallas, Texas through the Texas Local Government Purchasing Cooperative (Buy Board) contract pricing in the total amount of $25,773.00. Utilizing the Buy Board contract pricing, this pavilion shelter will be installed by city crews at the Eastwoods Park. Funding is available in the Capital Improvement Project (CIP) Fund.
Motion to approve.
Moved: Cm. Galo Second: Mayor Pro Tempore Amaya For: 8 Against: 0 Abstain: 0
21. Consideration to award contract FY05-047 to the sole bidder, Freedom Construction, in the amount of $50,322.85 for the replacement of fourteen (14) pairs of entrance doors at the Civic Center complex. Funding is available in the Civic Center Fund.
Motion to approve.
Moved: Cm. Galo Second: Mayor Pro Tempore Amaya For: 8 Against: 0 Abstain: 0
22. Authorizing the award of a contract in the amount of $80,078.00 to Alliance Transportation Group for the development of the Laredo River Road Feasibility Study. Funding for the project is available through the Metropolitan Planning Organization (MPO) account using Federal Planning Grant (PL112) Funds.
Motion to approve.
Moved: Cm. Galo Second: Mayor Pro Tempore Amaya For: 8 Against: 0 Abstain: 0
23. Authorizing the award of a contract in the amount of $129,998.00 to Wilbur Smith Associates for the development of the Laredo Railroad Quiet Zone Study. Funding for the project is available through the Metropolitan Planning Organization (MPO) account using Federal Planning Grant (PL112) Funds.
Motion to approve.
Moved: Cm. Galo Second: Mayor Pro Tempore Amaya For: 8 Against: 0 Abstain: 0
24. Authorizing staff to advertise the sale of “the Surface Only” of a tract of land containing 12,894.0 sq. ft. (0.2960 of an acre); this tract is compromised of the northwest 212.01 sq. ft. of Lot 7, the west 5,737.55 sq. ft. of Lot 9 and all of Lot 10, all out of Block No. 994, Western Division, as recorded in Volume 7, Page 15 of the Plat Records of Webb County, Texas. This property is located at 1919 Ugarte Street.
Motion to approve.
Moved: Cm. Galo Second: Mayor Pro Tempore Amaya For: 8 Against: 0 Abstain: 0
25. Refund of property tax in the amount of $18,258.75 to the following taxpayers and companies:
1. A refund in the amount of $1,199.38 payable to Maria J. Garza due to a double payment. Account # 987-20001-080. 2. A refund in the amount of $3,441.46 payable to Consolidated Towne East, L.C. due to a double payment. Account # 930-20000-010. 3. A refund in the amount of $3,498.64 payable to Killam Development LTD due to an overpayment. Account # 900-90241-274. 4. A refund in the amount of $5,735.87 payable to Killam Development LTD due to a double payment. Account # 900-90241-236. 5. A refund in the amount of $4,383.40 payable to Wells Fargo Real Estate Tax Services, LLC due to an overpayment. Account # 989-00007-030.
Moved: Cm. Galo Second: Mayor Pro Tempore Amaya For: 8 Against: 0 Abstain: 0
26. Consideration to authorize the payment of the solid waste fee assessed by the Texas Commission on Environmental Quality (TCEQ) in the estimated yearly total amount of $437,500.00. The City is assessed a solid waste fee of $1.25/ton for all waste processed (disposed) at the landfill. The Solid Waste Department estimates that approximately 350,000 tons of waste will be processed during the next year. This fee is accessed quarterly and funding is available in the Solid Waste Fund.
Motion to approve.
Moved: Cm. Galo Second: Mayor Pro Tempore Amaya For: 8 Against: 0 Abstain: 0
XII. STAFF REPORTS
27. A. Discussion with possible action to consider Police Officer Abram De la Garza’s first request for an extension of injury leave with pay in accordance with Chapter 143, Section 143.073(b) of the Texas Local Government Code.
Dan Migura, Administrative Services Director, said the officer was injured while on duty on January 09, 2004. Since that time, the officer has exhausted his Modified Duty with the City of Laredo. He noted that the officer has also exhausted 260 Loss Work Days effective March 9, 2005. He continued to say that the officer had surgery on January 13, 2005 and will not be able to return to full duty status for three to six months.
Officer Abram De La Garza, officer, asked for an extension of injury leave with pay in accordance with Chapter 143, Section 143.073 (b) of the Texas Local Government Code. He requested 180 days to extend to the six months.
Motion to approve the extension of 180 days.
Moved: Cm. Garcia Second: Cm. Valdez For: 8 Against: 0 Abstain: 0
B. Discussion with possible action to consider Police Officer Jose G. Rodriguez’s first request for an extension of injury leave with pay in accordance with Chapter 143, Section 143.073(b) of the Texas Local Government Code.
Motion to postpone.
Moved: Cm.Agredano Second: Mayor Pro Tempore Amaya For: 8 Against: 0 Abstain: 0
C. Presentation by consultant, Jay Potucek, of Au Courant Environmental, Inc., on the feasibility study for Wetland Mitigation Banking, Restoration and Enhancement of Wetlands and Riparian Corridors.
Jay Potucek, of Au Courant Environmental, Inc., gave the following presentation:
Strategic Planning
· Foresight · Researching Action Options · Take Action o Flood Management Ordinance o Green Space Ordinance o Riverfront Development Plan (Rio Grande) o Eco-Tourism (walking paths, bike trails, parks, community clean up programs, waste disposal ordinance) · Anticipation of T21V authorization ramification · Consideration EPA “Smart City” concept
City of Laredo, Texas Project Pertinent Characteristics
§ Rapid Growth o Increasing population o Developing infrastructure o Expanding jurisdictional area
§ Ecosystem associated with semi-arid environment § (Fragile Hydrologic Regime)
§ Primary Water Source (Rio Grande)
§ Recognition of the necessity to foster an environment conducive to the protection and continued betterment of the City’s “quality of life”
How did we get Here?
· City recognized the need to take positive action. · City envisioned cooperative action between individuals, public and private entities. · City realized augmentative funding may be available for project development. · City expressed an interest in aspects and benefits of Mitigation Banking and associated actions.
Mitigation Banking, Restoration and Enhancement of Wetlands and Riparian Corridors
Mitigation – sequential process of avoiding, minimizing, and compensating for adverse impacts to the aquatic ecosystem (EPA and USACE – MOA signed 2/6/90.
May be used in some cases to satisfy the mitigation requirements of the clean water act Section 404.
Mitigation Program Focus Aquatic Ecosystems Restore Enhance Create Preserve
Today’s Situation
The City has a vested interest in pursuing a riparian enhancement program.
The Natural Resources Conservation Service estimated that over 65 miles of 3rd Order and higher stream segments were within the City’s jurisdiction not including the Rio Grande corridor. The City of Laredo estimated approximately 200 miles of 1st – 5th order streams, including Rio Grande.
Today’s Situation
Action incurs Expense, Inaction has Expense, also. Action and Funding options are currently under review. Fund availability if not always based on project merit, but on a First Come First Serve.
Recommendations
The City should have available a current, accurately mapped inventory of stream segments/stream order, and ownership within its jurisdiction. A characterization of stream segments and any identified wetlands, i.e. vegetation and habit qualities, would be pertinent to inventory data.
Mitigation banking is one viable method of providing corridor protection in selected circumstances. It can be long term and provide an asset for City of Laredo.
The City should consider application to governmental agencies for technical and funding assistance.
A list of operating Mitigation Banks in the Fort Worth District of the USACE was provided to the City during the study report. It could be beneficial to contact some of them to ascertain pro/con information.
A cooperative and concerted effort should be formally placed on contacting, organization, and entities to further identify ancillary sources available for funding and program development.
The City should advise property owners of an individual’s responsibilities and benefits of cooperating with the City in development plans, non-compliance ramifications, available funding and various program options.
Streams identified as being subject to the City’s Green Space Ordinance should not be considered all inclusive as to what constitutes jurisdictional waters (“Waters of the United States”) within the Laredo City Limits.
Wetlands have various definitions as interpreted by different agencies and should be reviewed by on site specific basis.
D. Presentation with possible action by Webb County Heritage Foundation on the proposed bench project at Bruni Plaza. The Parks and Recreation Advisory Committee has recommended approval of this project.
Margarita Araiza, Executive Director for the Webb County Heritage Foundation, asked Council to approve the proposed bench project at Bruni Plaza.
Motion to approve the bench project at Bruni Plaza.
Moved: Cm. Valdez Second: Cm. Garcia For: 8 Against: 0 Abstain: 0
E. Presentation by Robert H. Siegfried, P.E., from Binkley & Barfield, Inc., regarding the Yeary Traffic Study for the City of Laredo Traffic Safety Department.
Motion to postpone indefinitely.
Moved: Cm. Valdez Second: Cm. Agredano For: 8 Against: 0 Abstain: 0
XIII. GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS
28. A. Request by Council Member Hector J. Garcia
1. Status Report on the Chacon Creek Tributary Project.
John Orfilia, Project Director discussed the following:
Project Description:
The Chacon creek Tributary Drainage Improvements Project includes the cast in place of a 10’ x 10’ concrete box culvert beginning just east of the intersection of Clark Blvd. and India Avenue and proceeds in a southeasterly direction along the existing creek bed to the intersection of Gustavus Street and Ejido Avenue. The project also includes the cleaning of the existing creek bed of trash and debris, excavation and backfill, siding grading, 4 – 4 way concrete post inlets, concrete outfall structure consisting of a headwall, flared wing walls, and footing with toe down. The project also includes the adjustment of an existing 12 inch diameter water line and the steel encasement of a 6 inch diameter sanitary sewer line.
This project was designed to facilitate the storm drainage systems in the area, and to prevent further erosion of the creeks banks, thereby, conserving the individual adjacent owner properties.
Contractor: Public Works
Overall construction % Complete: 65%
The specific items of work completed to date are as follows:
Description of Item of Work Percent Complete
1. Adjustment of 12” diameter water line by U.W. 100% 2. Steel encasement of 6” sanitary Sewer line 100% 3. Footing for the 10’ x 10’ concrete box 90% 4. North Side wall for the 10’ x 10’ concrete box 63% 5. South side wall for 10’ x 10’ box culvert 52% 6. Decking (top section) for the 10’ x 10’ box culvert 54% 7. Excavation & backfill 60% 8. Site grading 40% 9. Four 4 way concrete post inlets 0 % 10. Concrete outfall structure with headwall, wing walls & footing 0%
This project is estimated to be completed in about two month’s time or about mid May, 2005 weather permitted.
B. Request by Council Member Jose A. Valdez, Jr.
1. Discussion with possible action regarding the installation of a left turn signal at the intersection of Lafayette St. and San Bernardo Ave. for eastbound traffic on Lafayette St.
Roberto Murillo, Traffic Director, said that several years ago this left turn indication was removed for the following reasons:
1. Signal timing was implemented in synchronize traffic signal at this location with the traffic signal at IH 35. In order to provide improved progression eastbound, the existing westbound left turn needed to be serviced together with the westbound through indication immediately after San Bernardo was serviced. Previously the left turns on Lafayette were serviced concurrently. 2. The eastbound left turn volumes were very minimal at that time and eastbound left turns could be accommodated during the solid green indication. 3. The servicing of the westbound left turn concurrently with the westbound through approach would have required that he eastbound left turn be serviced at the end of the cycle concurrently with the eastbound through indication. This type of left turn operation would have created a lead-lag left turn operation which is not recommended since a left turn pocket is non-existing. A lead lag operation under these conditions creates what is known as a “yellow trap” that may be confusing to motorists. Since the left turn volumes were very low it was recommended that the eastbound left turn be removed and has been that way for several years now. The same situation exists at Calton and San Bernardo where the eastbound left turn indication was also removed.
The installation of a left turn indication should only be considered where traffic volumes warrant its installation. The introduction of additional protected movements increases the traffic delay of the overall intersection since the green time allocation to other approaches is reduced. We would not conduct another traffic count and if volumes are significant to warrant a left turn indication a geometric and traffic signal design for the intersection would need to be evaluated to determine its feasibility.
2. Discussion with possible action regarding the installation of left turn signals at the intersection of Lafayette and Santa Maria, for traffic turning east and west from Santa Maria Ave.
Roberto Murrillo, Traffic Director, said that all traffic signals and pavement markings were upgraded by means of a TxDOT safety grant several years ago which introduced left turn pockets at major intersections on Santa Maria Ave. including Lafayette. However, no protected let turn indications were installed since they were not justified at that time.
The Traffic Department will conduct a traffic count to determine whether the installation of a protected left turn indication is justified since the introduction of additional protected movements increases the traffic delays for the overall intersection. Peak hour traffic counts will be conducted during the AM and PM period when the highest left turn traffic volumes can be expected. The opposing through traffic volumes are also counted which also determines whether enough traffic gaps are available for negotiating left turn under current conditions. The evaluation should be completed within the next two weeks.
C. Request by Council Member Juan Ramirez
1. Discussion with possible action regarding the installation of flood lights at the corners of Grant and Flores and Grant and San Agustin, facing San Agustin Plaza utilizing District 8 Discretionary Funds appropriated in the Capital Improvement Fund.
Motion to use District VIII Discretionary Funds appropriated in the Capital improvement Fund for installation of flood lights at the corners of Grant and Flores and Grant and San Agustin facing San Agustin Plaza.
Moved: Cm. Ramirez Second: Cm. Valdez For: 8 Against: 0 Abstain: 0
2. Discussion with possible action regarding the installation of a stop sign on Zaragoza St. at the intersection of Zaragoza St. and Wilhelm Ave.
Roberto Murillo, Traffic Director, said that Zaragoza Street is presently designated as the main street since it is the only east/west street in this particular residential area that connects to the Central Business District. As such, no stop signs exist on this six block section of Zaragoza Street between the railroad tracks (Eagle Pass Ave.) and west to Mowry Ave. All stop signs are located on the north/south streets including Wilhelm Ave. as shown on the attached diagram. Wilhem Ave. dead ends to the south and curves into Grant Street which also dead ends to the east and therefore the generated traffic volumes can be expected to be a lot less than those on Zaragoza Street. As has been mentioned in the past, installation of a stop sign is not recommended for the purpose of controlling speed but its intended to assign right of way. The installation of a four-way stop is ordinarily used where the volume of traffic on the intersecting roads is approximately equal and as an interim measure where traffic signals are warranted and urgently needed. The total vehicular volume entering the intersection from all approaches must also average about 500 vehicles for eight hours of an average day. If the intent is to control sped on Zaragoza Street it is recommended that a request for speed humps to control speed on Zaragoza St. it is recommended that a request for speed humps be submitted to the Traffic Department to initiate the speed hump installation process.
Motion to implement a study of speed humps at Zaragoza Street at the intersection of Zaragoza Street and Wilhelm Ave. Also, staff should use the discretionary funds from District VIII for the speed hump once it is approved.
Moved: Cm. Ramirez Second: Cm. Valdez For: 8 Against: 0 Abstain: 0
3. Discussion with possible action regarding the placement of a mulch distribution site in west Laredo.
Council Member Ramirez requested a placement sight for mulch at Benavides and San Ignacio.
4. Discussion with possible action regarding Civil Service for the City of Laredo Employees.
John Castro, Board Member for the Civil Service Campaign, read the following statements:
“Civil Service is a concept originally developed by conservatives which stems from the need for job protection in the City of Laredo that results from a long and dark past of Laredo politics. For the purpose of making this presentation more effective and informative, we must address the problems that came to light under the administration of one of our former Mayors. An organization in 1978 helped bring to life the problems that had plagued our local government and led the movement to dissolve the previous strong Mayor form of government and implemented our current City Manager form of government. Since then, there have been many outstanding improvements economically and democratically. But we as Laredoans and Americans still have much to do to preserve liberty and justice for future generations of Laredoans. One of the most crucial elements of a developing city is the implementation of a Civil Service System for all municipal employees. In Laredo, the need for implementation of a Civil Service System is absolutely vital to reduce the increasingly politicized and sometimes oppressive working conditions that our municipal employees currently work under. It is not as bad as some may say, but I want you to ask yourself one question. Should we wait until it gets to the worst possible point before taking actions and implementing Civil Service System? This is important not only to our municipal employees but to every single citizen of Laredo because patronage, which is the act of giving City jobs to political supporters, always starts within the local government before spreading to the state and national levels. I ask you this evening, is this what we want for Laredo? The answer is clearly no and we must now seek to reserve our democracy from the affirmation possibility as our federal and state government has already done. We must set the example for the City of Laredo. Civil Service is not something that should be viewed as a gift to workers. It is something that every American working man and women deserve in this free and democratic nation. A civil service system would establish a fair and democratic hiring process; create a Civil Service Review Board that would hear a case of discrimination, harassment, and other complaints; and allow municipal employees the opportunity to be heard by local politicians. It would also guarantee job protection and grant them the right to participate in City politics which are currently band from being involved in. On that issue, please allow me to expand. Municipal employees, two of which have relatives in Iraq fighting to liberate that soon to be democratic nation, are now given the same freedom and liberties as every other American in the United States. The current lack of freedoms from municipal employees; however, is the fault of the employees themselves. After the collapse and resignation of one of our former Mayors and administrations in 1978, municipal employees were so fearful of local politics that they actually agreed to have themselves band from local politics. This move, while at the time seemed sensible, was a regressive move and not a progressive move. They did not have any other solution, but today the solution is obviously, Civil Service. In Laredo, we need Civil Service for many reasons. Among the most important reasons are to establish an efficient hiring and firing process to end the job control that politicians currently have the discretion to exercise. Please keep in mind that although the active patronage is only remotely present in our City government it is not abused but the window is open for abuse and because of that we must close that window of opportunity by implementing Civil Service. First a Civil Service System is designed to protect employees from unjust termination, not to protect employees from termination all together. Please keep in mind that an unproductive and inefficient city employee and still be easily be terminated. The only difference is just as the American Justice System dresses there must be procedures and guidelines to ensure that justice prevails. On top of this it would also create fair hiring practices. As a requirement for employment under the Civil Service System, future applicants would be required to take a one time examination to test their knowledge about the job they are. This would ensure that every employee is there because he or she knows how to do the job, not because he or she knows certain people. In reference to current municipal employees, weather employees are patronage or merit their employment is secure and they are not required to take an examination under the grandfathered law. Second, as I mentioned earlier, Civil Service System, would end job control and patronage that public officials currently have the discretion to exercise. In other words, candidates for public office would now be able to promise campaign supporters a city job because the official hiring power would rest in a group of many individuals and largely based upon the results of the civil service examination that would test the applicant’s knowledge of the job they are applying for. Lastly, a Civil Service System would have an enormously positive long term effect on the efficiency and the effectiveness of the local City government. Over a long enough period of time the Civil Service System would weed out the uneducated, unproductive, and inefficient employee thus leaving the City with only the most educated and the most effective which will bear the results of a more expedient more effective and efficient city government that will deliver high quality public services to the people of Laredo. According to a chart which was released by the international City and County Management Association, the strong Mayor form of local government tends to be favored by very small or very large cities but on the other hand developing cities tend to favor city manager form of local government. What does this say? It shows how there are certain requirements the city must take if it wishes to develop into a prosperous metropolitan urbanized city. One of those steps is establishing a City Manager form of government.”
Mayor Flores asked the City Manager to create a workshop addressing the issues for the creation of a Civil Service for the City of Laredo.
Jerry Storms, representative of Steel Workers Union, said that the City of Laredo has a lot of great employees and he asked Council to deeply consider creating a system that all employees could believe in.
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.
XV. ADJOURNMENT
CITY OF LAREDO CITY COUNCIL MEETING M2005-S-04 SUPPLEMENTAL AGENDA
I. INTRODUCTORY ORDINANCE
1. Authorizing the City Manager to execute a lease with Laredo Town Center, L.P., a Texas Limited Partnership, as Lessee, for an approximate 88.6913-acre tract of land, including improvements located thereon, located on the eastside of Bob Bullock Loop fronting the Airport Passenger Terminal at the Laredo International Airport. Lease term is for forty (40) years commencing on the first day of the month immediately following the execution of this lease agreement as authorized by the City Council of the City of Laredo. Providing for base and percentage rentals and rent adjustments; providing for an effective date.
Ordinance Introduction: City Council
II. STAFF REPORT
2. A. Presentation by the City Manager regarding the Mutual Dissolution Agreement (“MDA”) with United Water including the settlement of all existing claims, with possible action.
Heberto Ramirez, Executive Director of Finance & Informational Systems, summarized the events that led to the proposed mutual dissolution agreement. The City Manager and staff met with J. C. Goldman, President and COO of Contract Operations for United Water several months ago to discuss the service agreement between the City of Laredo and United Water. United Water focused on the condition of the physical assets and the significant amount of money or cost added to their operations as a result. A week ensued and we received a letter from J. C. Goldman explaining how they had incurred this considerable unplanned expense in operating the system and they fell it was due to the local soil conditions. In addition, United Water requested the contract to be amended to provide additional funds operate the systems for the remaining period of the contract.
Mayor Flores asked when the City received a letter from United Water.
Mr. Ramirez said the letter was received in October. In the letter United Water expounded the reasons the service agreement had failed and accordingly requested that the City reimburse United Water a sum of $5.3 million dollars. That amount constitutes the sums incurred for main and service line breaks from the commencement of the service agreement through July 2004. The $5.3 million dollars, include interests so the $4.9 million dollars is of actual breaks or cost. Additionally, United Water has requested an amendment to its fixed fee component to be reimbursed on the cost basis for the maintenance, restoration, replacement of the components within the distribution system in the amount of about $2.7 millions annually. Shortly after receipt of United Water’s letter the City responded to United Water rejecting all claims and any and all contract amendments. At that time, the City and Untied Water began negotiating a mutual dissolution agreement. Staff delivered the agreement in the Friday packet.
Mayor Flores asked for staff recommendations.
Mr. Ramirez discussed the following chart:
Mr. Ramirez said that the first column is the base line prior to privatization. The base line was created prior to privatization by CGS and staff by averaging three years and adding components to make the base line. Basically, what the City staff has done is create a new baseline in the second column which is the benchmark.
Mayor Flores asked the City Manager for his direct recommendation.
Larry Dovalina, City Manager, said the current proposal is the best effort that the City of Laredo will be able to get. The reason United Water indicated to the City for increasing the level of the cash was that they had received the invoice for estimated legal fees. He said that he didn’t think that United Water would allow changes so the City of Laredo must accept the proposal or prepare for a law suit.
Cm. Galo said that he hated to disagree with the City Manager but that was his position that last time staff brought the item to Council He noted that he is very unhappy with the process in which the staff presented the item to Council. The last time the item was brought to Council was through a motion. He noted that the item should have been presented to Council as a complete workshop. He mentioned the only reason Mr. Ramirez had these numbers presented to Council is because he asked him to prepare them. He said that he asked him to compare apples to apples so everyone could see exactly what the savings are because what staff is showing Council does not reflect the savings. Staff was comparing the whole system. We should be dealing solely with the component of privatization and what it has done for the City.
A copy of the verbatim is on file at the City Secretary’s Office.
Motion to instruct the City Manager to proceed with the Mutual Dissolution Agreement with United Water. United Water should agree to pay the City of Laredo three (3) million dollars to dissolve the agreement.
Moved: Cm. Galo Second: Cm. Ramirez For: 6 Against: 2 Abstain: 0 Cm. Garcia Cm. Valdez
Motion to instruct City Manager to proceed with a suit against United Water if the City of Laredo does not receive a favorable response within thirty days from a demand letter requesting three (3) million dollars for the Mutual Dissolution Agreement.
Moved: Cm. Galo Second: Cm. Ramirez For: 8 Against: 0 Abstain: 0
III. GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS
2. A. Request by Council Member Johnny Amaya 1. Presentation on how to continue the operation at 3217 Bartlett, with a legal non- conforming status. (Co-sponsored by Cm. Alfredo Agredano)
Cm. Amaya asked Council to support the owner, Mr. Martinez, and allow him to continue the operation of a snack bar at 3217 Bartlett. He noted that the business has been in operation for 35 years.
Ron Whitehawk, representing property owner, distributed information regarding 3217 Bartlett to the City Council Members.
Ricardo Martinez, owner of 3217 Bartlett, explained that he had experienced poor customer service from several City employees at the Planning & Zoning Department. He referred to the documents that Council received from Ron Whitehawk which proved that the business has not been closed for more than a six month time frame.
Mayor Flores explained that Council does not have the authority to take action on the item.
Ricardo Martinez noted that he had not been given due process with operating his business at 3217 Bartlett and was unaware of a problem until his tenant called him with her concerns. He said that when he visited the Planning and Zoning Department he was literally ignored. He went on to say that his rights as a senior, as a citizen, as a veteran, and as a human were violated. He said that he should not be responsible for violations that his tenant may have received. He noted that the prior tenant had received a violation for not having a health certificate; however, documents show that the tenant did have the permit but it had not been paid. He continued to say that he simply wants what is rightfully his.
The Mayor noted that the business was grandfathered.
Cm. Galo asked Keith Selman, City Planner, how the property owner could resolve the problem.
Keith Selman, City Planner, said that he had not received information that indicates that there was a lawful operation occurring on the premise at all times. He advised that there was more than a six months lapse and the property owner should be directed to the Board of Adjustments for administrative appeal.
Mayor Flores told Mr. Martinez that he has the option of attending a Board of Adjustments for approval.
Ricardo Martinez, property owner, said that the City Planner did not state the facts. He continued to comment that the property was never closed for more than six months. He advised that the delay in operation is affecting his livelihood.
Mayor Flores explained that Council does not have the authority to make changes. She continued to encourage the owner to address the Board of Adjustments for approval.
Cm. Amaya asked the City Planner who makes the determination if a business is in non-compliance?
Keith Selman, City Planner, answered that the City staff determined that the property owner is not in compliance based on the evidence that was submitted for approval. He said that he would like to present the entire case to the Board of Adjustments.
Cm. Galo asked if the property looses the legal non-conforming status if they do not have the proper documents from the health department.
Keith Selman, City Planner, said it could but that is a decision for the Board of Adjustments. He continued to say that there are different elements of legal non-conforming. He said that there is a lot of speculation and advised Council that they do not have all the documents before them and he as a staff is not prepared to make a presentation on this issue.
Ricardo Martinez, property owner, continued to express his dissatisfaction with the City Planner and his staff.
Mayor Flores explained that City employees must comply with ordinances that the City Council imposes on them. She noted that the City Planner is not selective in applying laws that are created by Council.
Mrs. Martinez said that the City has shut down a business that is right across the street from Nixon High School. She mentioned that the City may take too long to post a Board of Adjustment meeting noting that the business may loose too much time.
Keith Selman, City Planner, said that the Board of Adjustments does not meet regularly; instead, they meet as needed by property owners which could be as soon as 72 hours.
Mrs. Martinez asked if the current snack bar could remain open until they have received a decision from the Board of Adjustments. She asked for due process.
Cm. Valdez said for them to continue their business.
Mrs. Lopez, tenant, said that Ralph Cisneros from the Health Department, said that there is nothing wrong with issuing a permit once the other departments approved the permit. She said that she has not closed the business at this time.
Keith Selman, City Planner, said that when the Health Department is issuing a food license they circulate a signature flyer through the other departments for approval.
Mayor Flores acknowledged that the business has not been cited and told the tenant to continue her business as a snack bar until the Board of Adjustments has a meeting.
Cm. Amaya said that he would concur with the Mayor advising the tenant to continue her current business.
Cm. Valdez agreed with the Mayor and Cm. Amaya advising the tenant to continue her business.
IV. 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.
4. Request for Executive Session pursuant to Texas Government Code Section551.071(1)(A) to consult with City Attorney regarding pending litigation in the casestyled Webb County, Texas v. Gregg Abbott, Attorney General of The State of Texas,City of Laredo, Texas et al., Cause No. GV 403 943, in the 261st District Court of TravisCounty, Texas; and return to open session for possible action.
Motion to go into Executive Session pursuant to Texas Government Code Section551.071(1)(A) to consult with City Attorney regarding pending litigation in the casestyled Webb County, Texas v. Gregg Abbott, Attorney General of The State of Texas,City of Laredo, Texas et al., Cause No. GV 403 943, in the 261st District Court of TravisCounty, Texas; and return to open session for possible action.
Moved: Cm. Valdez Second: Cm. Agredano For: 8 Against: 0 Abstain: 0
After Executive Session, Mayor Flores announced that no formal action was taken.
Motion to authorize the City Manager to execute an agreement to retain the law firm of Baker Botts, LLP for the sum of $110,000 to work with the City Attorney in the matter of Webb County, Texas vs. Greg Abbott, Attorney General, City of Laredo et al, Cause No GV 403943, in the 261st Judicial District Court of Travis County, Texas, and in the possible appeal of such cause.
Moved: Cm. Ramirez Second: Cm. Agredano For: 7 Against: 0 Abstain: 0
Mayor Pro Tempore Amaya was not present.
V. ADJOURNMENT
Motion to approve. Time: 10:21
Moved: Cm. Garcia Second: Cm. Valdez For: 7 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 to 35 and they are true, complete, and correct proceedings of the City Council meeting held on March 7, 2005.
______________________________ Gustavo Guevara, Jr. City Secretary |