CITY OF LAREDO

CITY COUNCIL MEETING

M2005-R-18

CITY COUNCIL CHAMBERS

1110 HOUSTON STREET

LAREDO, TEXAS 78040

September 19, 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,                                                                         Council Member, District IV

            Johnny Rendon                                                                         Council Member, District V

            Gene Belmares,                                                                        Council Member, District VI

            Jose A.  Valdez, Jr.,                                                                 Mayor Pro Tem, District VII

            Juan Ramirez,                                                                           Council Member, District VIII

            Gustavo Guevara, Jr.,                                                               City Secretary

            Larry Dovalina,                                                                         City Manager

            Cynthia Collazo,                                                                       Deputy City Manager

            Horacio De Leon,                                                                     Assistant City Manager

            Jaime Flores,                                                                            City Attorney

           

IV.       MINUTES

 

            Approval of the minutes of August 8, 9, & 10, 2005.

 

            Motion to approve the minutes.

 

            Moved:  Cm.  Agredano

            Second:  Cm.  Amaya

            For:     8                                               Against:  0                                            Abstain:  0



 

 

 

V.        COMMUNICATIONS AND RECOGNITIONS

 

            Announcements

 

            None.

 

            Invitations

 

            None.

 

            Recognitions

 

a.  Congratulating Dr. Hector F. Gonzalez, Health Department Director, who has been

named by the Mexican Consul as a recipient of the OTHLI Award during the Fiestas Patrias.

 

This item was postponed.

 

b.  Recognition of Homero Cisneros, Juan M. Gonzalez, Jesus Marchan and Delfino Palos,

of the Parks and Recreation Department, on their selection as August 2005 Employees of the Month.

 

Miguel Pescador, Interim Director for the Parks & Recreation Department, said the Parks and Recreation Department would like to acknowledge Homero Cisneros, Juan M.  Gonzalez, Jesus Marchan, and Delfino Palos as employees of the month.  He added that the employees are part of the cement finisher’s crew in the construction division and they have great coordination that has allowed them to complete their tasks quickly.   He went on to say that they have dedicated years of efficiency, punctuality, and hard work which exemplify their nomination.   

 

            Communiqués

 

a.  Mayor Elizabeth G. Flores reports on the City of Laredo Budget Department.

 

     Report on the Budget Department by Mayor Elizabeth G. Flores

 

Mission statement:  To develop and administer the budget process as a sound basis for planning, financial analysis, and decision making. 

Responsibilities:

 

·          Plan, organize, develop, prepare, coordinate and administer the City of Laredo annual operating budget, which consists of more than 58 funds for 27 departments.

 

 

 

 

 

 

 

 

 

 

 

 

 

     All Funds:

 

Fiscal Year

Revenues

Expenditures

Fund Balance

00-01

   272,593,175

297,095,205

46,963,183

01-02

   299,934,366

334,086,856

50,189,297

02-03

   296,478,300

308,549,913

61,474,363

03-04

   301,661,237

309,031,373

77,452,607

04-05

   323,682,352

345,427,523

79,826,870

05-06

   353,464,873

385,697,442

82,068,034

From 2001 to 2006

29.7%

29.8%

74.7%

 

·          Coordinate and administer the city’s performance measurement program for all 27 departments.

 

·          Has participated in the ICMA Performance Measurement Program for 5 years.

 

·          Prepare over 450 financial and performance analysis of departmental programs on an annual basis including distribution of monthly revenue and expenditure reports.

 

·          Prepare council communication documents which amend or adjust the operating budget.

 

·          Review and analyze over 1,100 budget amendments annually for compliance with City Policy.

 

·          Check and ensure policies and procedures regarding budget administration; maintain adherence to the approved budget and recommend expenditure amendments; ensure the accuracy and completeness of the same.

 

·          Coordinated Citizens Survey of 500 Laredo residents in 2004.

 

·          Provide daily support and financial information for over 3,000 budgetary inquiries annually from City departments and other agencies.

 

·          The Budget document has been submitted on CD since 2003 and has been uploaded to the City of Laredo’s internet webpage.  This has generated an estimated 75% savings in printing expense and has provided citizens with easy access.

 

·          Budget Workshop presentations are uploaded to the City of Laredo’s internet webpage, generating savings to all departments.

 

·          Have conducted over 70 hours of training to more than 200 employees on the budgeting and accounting HTE application software in the last two years.

 

·          The Budget Department submits the City of Laredo annual budget to the Government Finance Officers Association (GFOA) for consideration of the “Distinguished Budget Presentation Award”.  The department has garnered the award for 14 consecutive years.

 

The award represents a significant achievement by the entity.  It reflects the commitment of the governing body and staff to meeting the highest principles of governmental budgeting.  In order to receive the budget award, the entity had to satisfy nationally recognized guidelines for effective budget presentation.  These guidelines are designed to assess how well an entity’s budget serves as:

v       a policy document

v       a financial plan

v       an operations guide

v       a communications device

 

     Budget documents must be rated “proficient” in all four categories to receive the award.

 

b.  Presentation by Blasita Lopez, Public Information Officer, regarding the new

     Community Photo Gallery Program.

 

Blasita Lopez, Public Information Officer, commented that the new Community Photo Gallery Program is produced in-house using submissions from individuals in the community as well as collaborative entities.  She said that each month has a different theme and the submissions are due on the first Wednesday of every month.   She encouraged the viewing pubic to participate in order to make the program a success.  She then played a small sample of the Community Photo Gallery for the Council and public to view. 

 

The Mayor read the following letter: 

 

“Many citizens of Louisiana want to thank you and the good people of Laredo for promptly sending the desperately needed infant supplies and water to our hurting and dieing citizens.

 

 We are grateful to all of Laredo for this help, especially you, as it’s leader; the chief of Police ,Agustin Dovalina; and the Traffic Sergeant from the Laredo Police Department, Michael Raines.  The five motorcycle patrolman namely: Allen Gerald, Guadalupe Pena, Jr., Luis E.  Raines, Mario A.  Villarreal, and Tomas Rodriguez who volunteered their personal time of Saturday, Sunday, and Monday, which was a holiday, to make arrangements for the needed items to be donated, secured a rental truck to transport the goods and drive to Bogalusa and Slidell. (towns with the most critical needs to deliver the goods.) These men exhibited the highest degree of professionalism in their actions as well as in their appearance.  They did not wait for roads to be clear – they got out of their vehicles and moved trees, power lines, and other obstructions.  The City of Laredo is indeed fortunate to have men like them serving in law enforcement.  They provided for us a shining example of the goodness of men.  We pray that your city, nor it’s citizens, will ever have the need for outside assistance but rest assured your five motorcycle patrolman have already received many commitments for whatever we can do. 

 

With Kindness regards, yours very truly

Claude “Buddy” Leach

Former member of Congress for Louisiana.”

 

Cm.  Ramirez wished former Mayor Aldo Tatangelo a Happy ‘92nd; Birthday.  He also congratulated Ms.  Flora Gutierrez for the work she has done for the community.

 

Mayor Pro Tempore Valdez congratulated the volunteers that worked and supported the plate sale for the Alexander Bulldog Band.   

 

Cm.  Belmares congratulated his wife’s cousin, Ms. Andrews for winning an Emmy Award for sound editing.  He also congratulated the Boy’s Club for their upcoming flag football season at the Parks & Recreation Department.  He encouraged the viewing public to be extremely careful when they are driving around the activity fields during football season.

 

Cm.  Rendon said that he had attended a very emotional prayer service in front of City Hall for the hurricane victims.  He mentioned that the ceremony was touching because many different religions united in prayer for the victims and their families. 

 

Cm.  Amaya thanked the Laredo Police Department for doing a great job controlling cruisers on Sunday nights in District IV.  

 

Cm.  Galo expressed his condolences and prayers to the families of Samuel Myers and Thomas Leyendecker.  He was pleased with the Laredo Fire Department for training and certifying 23 Canadian firefighters at the City’s training facility. Finally, he announced that he would no longer be serving as a Board Member for the Webb County Appraisal District Board of Directors.

 

Cm.  Garcia thanked the Parks and Recreation Department for assisting in the baseball tryouts that was held at the Freddie Benavides Park.  He also congratulated Eddie Zavala and the 250th Committee for the festival that was held at the La Posada.  He wished the best of luck to the football teams from Laredo.    

 

Cm.  Agredano thanked everyone that expressed their concern about his wife who had been in the hospital.  He noted that she is at home and that she is doing better.   

 

VI.       APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES

           

a.  Approval of City Manager Larry Dovalina's recommendations to the Keep Laredo

     Beautiful Board as follows: 

 

1.  Javier de Anda

2.  Guillermo Benavides

3.  Marina Ramirez

4.  David Trevino

 

            Motion to approve.

 

            Moved:  Cm.  Agredano

            Second:  Cm.  Valdez

            For:     8                                               Against:  0                                            Abstain:  0

 

 

 

 

 

 

VII.     PUBLIC HEARINGS

 

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

City of Laredo by authorizing a Conditional Use Permit for a mechanic, auto painting and body shop on Lot 5 and North 2/3 Lot 3, Block 927, Western Division, located at 3606 and 3616 Santa Maria Avenue; providing for publication and effective date.  The Planning and Zoning Commission recommended approval of the proposed Conditional Use Permit.

 

Motion to open the public hearing.

 

Moved:  Cm.  Galo

Second:  Cm.  Valdez

For:      8                                         Against:  0                                            Abstain:  0  

 

Christina Laurel Hale, attorney for applicant, advised that the applicant has complied with all of the conditions that were recommended by the Commission and she was present for any questions by the Council 

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Valdez

Second:  Cm.  Belmares

For:      8                                         Against:  0                                            Abstain:  0

 

Ordinance Introduction:  Cm.  Valdez

 

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

City of Laredo by authorizing a Conditional Use Permit for a nationalization of vehicles enterprise on Lots 8-12, Block 808, Western Division, located at 3019 San Bernardo Avenue; providing for publication and effective date.  The Planning and Zoning Commission recommended approval of the proposed Conditional Use Permit.   

 

Motion to open the public hearing.

 

Moved:  Cm.  Galo

Second:  Cm.  Belmares

For:      8                                         Against:  0                                            Abstain:  0  

 

Maria Pena, representing the Flores partnership, said that she has not completed the site plan for the additional parking that was needed for the conditional use permit. 

 

Motion to close the public hearing and postpone for next meeting.

 

Moved:  Cm.  Ramirez

Second:  Cm.  Valdez

For:      8                                         Against:  0                                            Abstain:  0

 

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

City of Laredo by rezoning Lot 15, Block 42, Las Americas Subdivision Unit 3, located at 2100 Ejido Avenue from R-1A (Single-Family Residential Reduced Area District) to R-2 (Multi-Family Residential District); providing for publication and effective date.  The Planning and Zoning Commission recommended approval of the proposed rezoning. 

 

Motion to open the public hearing.

 

Moved:  Cm.  Garcia

Second:  Cm.  Valdez

For:      8                                         Against:  0                                            Abstain:  0  

 

Miguel Gomez, representing the owner, noted that he was present to answer any questions that Council might have. 

 

Motion to close the public hearing and deny the zone change request.

 

Moved:  Cm.  Agredano

Second:  Cm.  Ramirez

For:      6                                         Against:  2                                            Abstain:  0

                                                       Cm.  Rendon

                                                       Cm.  Belmares

 

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

City of Laredo by rezoning 3.16 acres, as further described by metes and bounds in attached Exhibit “A”, located at the northwest corner of Logistic Drive and Mines Road, from B-1 (Limited Commercial District) to B-3 (Community Business District); providing for publication and effective date.  The Planning and Zoning Commission recommended approval of the proposed rezoning. 

 

Motion to open the public hearing.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:      8                                         Against:  0                                            Abstain:  0  

 

George Clowell spoke in favor of amending the ordinance.

 

Ramon Barrios, representing Raul Zapata, spoke in favor of the proposed zoning change.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Valdez

Second:  Cm.  Belmares

For:      8                                         Against:  0                                            Abstain:  0

 

Ordinance Introduction:  Cm.  Valdez

 

 

 

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

City of Laredo by rezoning 3.72 acres, as further described by metes and bounds in attached Exhibit “A”, located at 100 W. Village Boulevard, from B-3 (Community Business District) to B-4 (Highway Commercial District); providing for publication and effective date.  The Planning and Zoning Commission recommended approval of the proposed rezoning. 

 

Motion to open the public hearing.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                                          Against:  0                                            Abstain:  0  

 

Ron Whitehawk, representing the property owner, asked Council to concur with the staff and the Planning & Zoning Commission recommending approval noting that it meets the criteria for a B-4.    

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Rendon

Second:  Cm.  Belmares

For:      8                                         Against:  0                                            Abstain:  0

 

Ordinance Introduction:  Cm.  Rendon

 

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

City of Laredo by authorizing a Conditional Use Permit for an outdoor amusement service on Lot 1A, Block 1, McPherson Acres Development Subdivision Unit 1, located at 5702 McPherson Road; providing for publication and effective date.  The Planning and Zoning Commission recommended approval of the proposed Conditional Use Permit.

 

Motion to open the public hearing.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:      8                                         Against:  0                                            Abstain:  0  

 

Miguel Gomez, applicant, spoke in favor of the zone change.  He advised that the conditional use permit will be used for an outdoor entertainment center that does not allow alcohol.   

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Rendon

Second:  Cm.  Belmares

For:      8                                         Against:  0                                            Abstain:  0

 

Ordinance Introduction:  Cm.  Rendon

 

 

 

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

City of Laredo by authorizing a Conditional Use Permit for outdoor storage of building materials on Lots 1 & 8 and west 1/3 of Lots 2 & 7, Block 9, Eastern Division, located at 601 Market Street; providing for publication and effective date.  The Planning and Zoning Commission recommended approval of the proposed Conditional Use Permit.

 

Motion to open the public hearing.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:      8                                         Against:  0                                            Abstain:  0  

 

Ron Whitehawk, representing Octavio and Servando Benavides, said that the current amendment is a split zone which is used for storage of building materials.  The above amendment will serve to beautify the site in terms of the City’s requirement for planting of trees and shrubs and allow the current use.  He asked Council to concur.  

 

Motion to close the public hearing and introduce.

 

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:      8                                         Against:  0                                            Abstain:  0

 

Ordinance Introduction:  Cm.  Galo

 

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

City of Laredo by authorizing a Special Use Permit for the addition of an antenna to an existing communication tower on Lot 1, Block 1, U.S. Cellular Subdivision, located at 27005 F.M. 1472 (Mines Rd.); providing for publication and effective date.  The Planning and Zoning Commission recommended approval of the proposed Special Use Permit.

 

Motion to open the public hearing.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:      8                                         Against:  0                                            Abstain:  0  

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Valdez

Second:  Cm.  Belmares

For:      8                                         Against:  0                                            Abstain:  0

 

Ordinance Introduction:  Cm.  Valdez

 

      

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

City of Laredo by authorizing a Special Use Permit for oil and/or gas extraction on 1.65 acres, as further described by metes and bounds in attached Exhibit “A”, located along Wormser Road; providing for publication and effective date.  The Planning and Zoning Commission recommended approval of the proposed Special Use Permit.

 

Motion to open the public hearing.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:      8                                         Against:  0                                            Abstain:  0  

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Agredano

Second:  Cm.  Valdez

For:      8                                         Against:  0                                            Abstain:  0

 

Ordinance Introduction:  Cm.  Agredano

                                           

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

City of Laredo by authorizing a Conditional Use Permit for a nationalization of vehicles enterprise on Lots 4 and 5, Block 176, Western Division, located at 1019 San Bernardo Avenue; providing for publication and effective date.  The Planning and Zoning Commission recommended denial of the proposed Conditional Use Permit. 

 

Motion to postpone.

 

Moved:  Cm.  Valdez

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

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

City of Laredo by rezoning 5.6 acres, as further described by metes and bounds in attached Exhibit “A”, located at 4307 Loop 20, from R-1 (Single Family Residential District) to B-4 (Highway Commercial District); providing for publication and effective date.  The Planning & Zoning Commission recommended denial of the proposed zone change. 

 

Motion to open the public hearing.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and override the Planning and Zoning Department  and introduce.

 

Moved:  Cm.  Agredano

Second:  Cm.  Belmares

For:     8                                        Against:  0                                            Abstain:  0

 

Ordinance Introduction:  Cm.  Agredano

 

12.  Public hearing and introductory ordinance authorizing the City Manager to execute a

multi year lease with the sole bidder El Portal Bridge Retail, L.P., a joint venture between El Portal Center, LLC owned by Horizon Group Properties, Inc., and Morgan Stern Realty Holdings and Laredo Duty Free Partners, LLC, an affiliate of Duty Free Americas that operates UETA Duty Free Stores. The leased property consists of approximately 32,542 square feet of unfinished retail space located at the corner of Convent and Water Street Lease will consist of:

 

1. Twenty (20) year term;

2.  Annual rent:  Yrs. 1-4…..$488,130.00/yr. payable in equal monthly installments of

     $40,678.00

     Yrs. 5-8….$502,775.00/yr. payable in equal monthly installments of $41,898.00

                        Yrs. 9-12…$517,858.00/yr. payable in equal monthly installments of $43,155.00

                        Yrs. 13-16...$533,393.00/yr. payable in equal monthly installments of $44,449.00

                        Yrs. 17-20…$549,395.00/yr. payable in equal monthly installments of $45,783.00

       3.  Percentage rent: In addition to the minimum annual rent, Tenant shall pay as

percentage rent three percent (3%) of each dollar of Gross Retail Sales exceeding

the following breakpoints (each a (“Breakpoint”):

Yrs. 1-4……..$400 per square foot of retail space

Yrs. 5-8……..$412 per square foot of retail space

Yrs. 9-12……$424 per square foot of retail space

Yrs. 13-16…..$437 per square foot of retail space

Yrs. 17-20…..$450 per square foot of retail space

       4. Tenant pays all taxes and utilities;

       5. Tenant pays for all “common area” expenses.

 

Motion to open the public hearing.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

The Mayor read the following letter: 

 

Mayor Betty Flores and Mayor Pro Tempore Jose Valdez, as well as other honorable Council Members:

 

We are sorry that we cannot be there in person tonight but both Bruce Cole and Gary Skoin are in China and I have business that requires me to stay in California.  We understand that the Master Lease Ratification is before the City Council tonight.  We have been impressed by the Council’s vision regarding an approach to the redevelopment of the downtown Laredo.  We are deeply committed to that process and have worked hard with the City Manager, the Bridge Commissioner, and the city staff in order to finalize this mutually beneficial master lease.  We are confident that the City will continue to do the right thing by confirming the master lease.  We anticipate continued investment in the City of Laredo and we look forward to working with the City on the exciting redevelopment of the Laredo Outlet Stores and the El Portal Riverfront Projects.  Thank you Alan Davido ”

 

Ed Beckelhymer, Chief Financial Officer for H K Global, appeared to speak against the lease with Horizon Group Properties, Inc.  He stated that he had some questions regarding the fairness to the sole bidder.  He acknowledged that the city has spent a lot of time with Horizon Group Properties, Inc., but the current request for proposal notes that it was at their own risk as contemplated by the City.  He goes on to mention that the City has the right to reject any and all proposals and any expenses incurred by the proposer in preparing the response or in seeking the award shall be borne solely by the proposer.  He encouraged Council to consider resubmitting the request for proposal on the above lease noting that it would serve to benefit the City of Laredo.   

 

Shahram Khaledi, owner of H K Global, said that he was addressing Council as a taxpayer and a downtown business owner.  He voiced that the City should not consider the sole bidder because he believes that the market value on the property is higher than what the sole bidder is proposing.  He added that the City should take advantage of the their position and try to make more money for the city.  He stated that there are other people interested and the City and the people of the City deserve to get the best value. 

 

Mayor Flores advised that the city of Laredo had followed their process of publishing the Request for the Proposal in the local newspaper. 

 

Shaharam Khaledi replied that not everyone reads the local newspapers.  He added that he and his brother are investors, they do have a construction company, they are involved in developing and they are very interested in this project.  He stressed the importance of saving money by avoiding the developer fee which would save money for the tax payers. 

 

Mayor Flores asked him if he felt as though he was being penalized because he does not read the Laredo Times. 

 

Shaharam Khaledi said that he was not searching for the request for proposal in the Laredo Morning Times because the City Manager had told him that he would personally advise him when the proposal was due.

 

Mayor Flores advised that the City of Laredo must follow a public notice process of notification and they cannot call interested parties.  All vendors must be treated equal. 

 

Shaharam Khaledi advised that he understands policies, rules, and procedures but he had contacted the City Manager and he assured them that he would contact them with the request for proposal date.  He said that if the City Manager had explained the procedure for the notification then he would have been searching for the proposal date in the newspaper. 

 

Mayor Flores noted that the City Manager denies the allegations made by the owners of H K Global. 

 

Shaharam Khaledi replied that he is only encouraging Council to consider seeking additional funds for the City by going out for a new request for proposal.  He asked that each interested person be given a chance. 

 

Mayor Flores advised that the City has a process which must be followed.

 

Shaharam Kheledi said that the council has the power to reject the current request for proposal if it would benefit the city. 

 

Luis Escareno, representing the owners of UETA, advised that the owners of UETA acquired the UETA Duty Free four years ago through the request for proposal process that the City follows.  He continued by noting that the owners believe in Laredo and they have employed over 100 people at the warehouse and over fifty associates at the stores.  He mentioned that the owners of UETA are baffled by the recent issues that have been raised about the request for proposal process.  He added that the owners of UETA kept tract of different opportunities that were available and they put good faith in their bid by talking to city staff and negotiating in depth with City employees.  He noted that the Council Members have a duty to assure that the City is receiving the best offers; however, they also have the responsibility to maintain integrity of the request for proposals.  He continued to say that if they “undo” the proposal at this state, that they would be questioning the integrity of the process which would in turn open a “pandora’s box” by signaling to other businesses that Laredo cannot be trusted. 

 

Cm.  Galo asked Mr.  Escareno if they were involved in the original bid. 

 

Luis Escareno advised that they were involved in the original bid.  Laredo Duty Free was formed as a partnership with UETA.

 

Cm.  Galo mentioned that he feels the notification process was followed but the process was violated soon after.  He continued by saying that the City of Laredo staff has placed Council in a terrible position regarding the lease.  He agreed that the notice for the proposal was done properly; however, he was extremely disappointed that staff had not consulted with Council for nine months regarding details that were pertinent for Council to be able to make the proper decisions.   He advised that Council is ultimately responsible for accepting or rejecting bids.  He added that staff has placed Council in a quandary at this stage or decision making.  He said that the appraisers were told by staff that they needed a master lease and that is not what the request for proposal stated.  He added that staff is requesting a master lease because they do not want additional responsibility and or work.  He continued by saying that staff was reluctant to provide him a copy of the UETA lease when it was asked for.  Once he was able to review the UETA lease, it confirmed his suspicions that staff did not provide good comparables for the lease.  He said that staff did not have any idea of what they were looking for or what kind of rent to be expecting.  He stated that staff instructed Council to be looking for comparables using the UETA lease and that was $1.06 plus 3% of the gross from the first dollar up to the first three million.  He went on to say that he had talked to one of the individuals that helped negotiate the contract with UETA and they said that based on their sales  the owners are expected to make $19 million dollars out of the store which would calculate to $8 a square foot.  So again, he noted that he had a hard time accepting $1.25 a square foot.  He continued by saying that staff has the Council knee deep in muck.  He went on to discuss several items in the lease agreement with Horizon that he did not like ex:  providing HVAC units; the lessee’s ability to make alterations to the structure; the tenant cannot sublease without consent; late fees; condemnation clause.  His largest complaint was directed straight at City staff and their lack of communication to Council.  He also said that there are a lot of questions on the general default that needs to be addressed by the Legal Department.  He credited the City Manager on issuing a memorandum on how the City will approach future request for proposals but said that it is not going to help City Council out of the mess that they are in right now.  He read the memo from the City Manager.  He complimented the City Manager on the memo and asked him to add that staff should report findings to the Contract Review Committee. 

 

Larry Dovalina, City Manager, said that Council should get to a point where discussions can take place where Council Members do not challenge the integrity of staff in order to allow for a disagreement to occur.  Staff works very hard in obtaining information to create proposals and they follow legal process.  He said that he does not feel that the situation is a mess or a “muck” because City staff has followed the standing procedure. He agreed that the process could have been better and he initiated a memo that was distributed to staff to fine tune the process to a greater extent.  The memo should assure Council that there is not a disagreement as to whether staff communicated adequately or not.  He advised that staff had discussed the project with Council at different times and they were given presentations by the same developers of the mall where issues were discussed.  He hoped that Council understand that staff has the best interests of the City at hand. 

 

Cm.  Galo advised the City Manager that when he challenges staff that he does it because he knows that they can do a better job.  He continued by saying that he has a problem when staff members withhold information on purpose. 

 

Cm  Valdez said that he feels the process was followed but he feels that the City can receive a better rate for prime real estate.  He notified Council that he has been in communication with City staff regarding the lease.  He noted that he is not in the habit of “rubber stamping” at any time.    

 

Rafael Garcia, Assistant City Manager, advised that staff had obtained two appraisals as directed by Council.   One appraisal was $1.25 per square foot and the other appraisal was $1.04 to $1.14 per square foot. 

 

Robert Barnstone, attorney/consultant, noted that there was a mistake in the listing for the request for proposal.  He said that it stated that it was a solicitation for a bid and it was not a bid.  He also told Council that the highest bidder may not be the most suitable bidder. 

 

Cm.  Garcia expressed his concerns in reopening the proposal.  He said that it would send a negative message to different developers and business people. 

 

John Snyder, local appraiser, explained his appraisal.  He said that the building was unique because the builder had to consider the shape of the land noting that it is not what you would typically see down town.  He also noted that the building is not customer service friendly because of the lack of parking. 

 

Fito Santos, local appraiser, advised that his appraisal was well founded because of the location and the lack of parking space for the customers.   

 

Motion to reject the current proposal and ask for another request for proposal with the same conditions.

 

Moved:  Cm.  Ramirez

Second:  Cm.  Agredano

For:     2                                        Against:  6                                            Abstain:  0

Cm. Ramirez

 

Motion to renegotiate the current contract.  Staff shall initiate a workshop for Council within the next two weeks  to discuss issues and concerns noting that negotiations should not exceed sixty days.

 

Moved:  Cm.  Galo

Second:  Cm.  Valdez

For:     7                                        Against:  1                                            Abstain:  0

                                                     Cm.  Ramirez

 

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

2004 – 2005 Airport Construction Budget to recognize additional revenues from a grant received from the Federal Aviation Administration Airport Improvement Program being Grant Project No. 3-48-0136-46-05 in the amount of $1,000,000.00 to acquire Runway Protection Zone (RPZ) Land abutting the Laredo International Airport and appropriating said grant revenues to the appropriate expenditure accounts and authorizing the City Manager to implement said Budget amendment.

 

Motion to open the public hearing.

 

Moved:  Cm.  Belmares

Second:  Cm.  Valdez

For:     8                                        Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Valdez

Second:  Cm.  Belmares

For:     8                                        Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

14.  Public hearing and introductory ordinance amending the lease agreement with the

Airport’s Fixed Base Operators and Self Fuelers by increasing the Fuel Flow Fee Rate from $0.055 to $0.060 per gallon of aviation fuel received by the Airport’s Fixed Base Operators and Self Fuelers at the Laredo International Airport; 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.  Belmares

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

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

Ordinance No. 2002-O-195 dated August 19, 2002, Establishing and Adopting Commercial Aircraft Landing Fees and Landing Fee Rate for the Laredo International Airport, as follows: Increase the Signatory Landing Fee rate from $0.60 to $0.75, and add a Non-Signatory Non-Tenant airline category at a rate of $1.20 per thousand (1,000) pounds gross landed weight; providing for an effective date.

 

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.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

16.  Public hearing and introductory ordinance authorizing the City Manager to enter into

an Interlocal Agreement with Webb County for the construction of a Splash Park at Father McNaboe Park and improvements at Lafayette and Farias Splash Parks, attached as Exhibit A and amending the Fiscal Year 2004 – 2005 Parks Capital Grants Fund to appropriate revenues and expenditures, provided by Webb County, in the amount of $275,000.00 for the Splash Park construction at Father McNaboe Park.

 

Motion to open the public hearing.

 

Moved:  Cm.  Belmares

Second:  Cm.  Garcia

For:     8                                        Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Valdez

Second:  Cm.  Agredano

For:     7                                        Against:  0                                            Abstain:  1

                                                                                                                 Cm.  Amaya

Ordinance Introduction:  Cm.  Valdez

 

17.  Public hearing and introductory ordinance amending the City of Laredo 2004 – 2005

Annual Budget by decreasing revenues in the amount of $30,252.00 and accepting a grant awarded by the Office of the Governor, Criminal Justice Division in the amount of $49,748.00 for the 2005 – 2006 Violence Against Women Grant. The Office of the Governor is contributing $49,748.00 with the City designating $106,745.00 in matching funds for a total grant amount of $156,493.00. This funding will be used for the Domestic Awareness Response Team Program under the Violence Against Women Act (VAWA) for the period of September 1, 2005 through August 31, 2006.

 

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.  Agredano

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

18.  Public hearing and introductory ordinance amending Ordinance No. 92-O-194, dated

November 23, 1992, which authorized the City of Laredo Police Department to charge designated fees for copies of case reports and traffic accident reports, and for arrest record searches and letters relating to thereof, fingerprint work and validating of taxicab meters to increase each fee designated therein; providing for publication and effective date.

 

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

 

19.  Public hearing and introductory ordinance amending Ordinance No. 2004-O-087 by         

authorizing the granting to Batista Roman Enterprises, Inc., (a non-exclusive commercial container service franchise in the City of Laredo, Texas) an increase in service rates due to fuel and equipment price increases; and amending the franchise agreement to include Batista Roman Enterprises, Inc. dba Orange Waste Management.

 

Motion to postpone.

 

Moved:  Cm.  Belmares

Second:  Cm.  Valdez

For:     8                                        Against:  0                                            Abstain:  0

 

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

execute an amendment to Federal Transit Administration (FTA) Operating Grant TX-90-X664-01 to increase the grant by $1,016,596.00 from $2,081,869.00 to $3,098,465.00; and to amend the Transit System’s Operating Budget by increasing the Fiscal Year 2004 – 2005 FTA Operating Grant Contribution and decreasing the Transit Sales Tax match for Operations by $1,016,596.00 and providing for grant funds to be deposited in the City of Laredo Transit Fund.

 

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.  Valdez

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

VIII.    INTRODUCTORY ORDINANCES

 

21.  Closing as a public easement that section of the 300 Block of North New York Avenue

between Chacon and Piedra China Streets, situated in the Eastern Division, City of Laredo, County of Webb, Texas, and providing for an effective date.

 

Ordinance Introduction:  City Council

 

22.  Closing as a public easement a 34.55 sq. ft. (6.91’ x 5) parcel of land, more or less, out

of the 1300 block of Green Street between S. Stone Avenue and the former S. Loring Avenue.”; authorizing the sale of the “Surface Only” of said parcel of land at the market value of $82.92; and authorizing the City Manager to execute all necessary documents to effectively convey fee simple title to Patricia O. Hernandez and providing for an effective date. Said parcel of land is being encroached upon by the improvements of the abutting property being the N 2/3 of Lot 7, Block 714, Eastern Division, City of Laredo, County of Webb, described in attached Exhibit “A.

 

Ordinance Introduction:  City Council

 

23.  Designating as a one-way northbound the 1600, 1700 and 1800 Blocks of Milmo

Avenue, between Mier Street and Lane Street, during the peak hours of 7:30 a.m. to 9:00 a.m., and 2:30 p.m. to 4:00 p.m., Monday through Friday, during school days; providing for the installation of appropriate signs to indicate one-way traffic in the north direction; and providing for publication and effective date.

 

Ordinance Introduction:  City Council

 

24.  Designating as a one-way westbound the 1200 and 1300 Blocks of Galveston Street,

between Loring Avenue and McPherson Avenue, during the peak hours of 7:00 a.m. to 8:15 a.m., and 2:30 p.m. to 3:45 p.m., Monday through Friday, during school days; providing for the installation of appropriate signs to indicate one-way traffic in the westbound direction; and providing for publication and effective date.

 

Ordinance Introduction:  City Council

 

IX.       FINAL READING OF ORDINANCES 

 

Motion to waive the final readings of Ordinance # 2005-O-216, # 2005-O0217, # 2005-O-218, # 2005-O-219, # 2005-O-220, # 2005-O-221, # 2005-O-222, # 2005-O-223, # 2005-O-224, # 2005-O-226, # 2005-O-227, # 2005-O-228, # 2005-O-229, # 2005-O-230, # 2005-O-231, # 2005-O-232.

 

            Moved:  Cm.  Galo

            Second:  Cm.  Garcia

            For:     8                                               Against:  0                                            Abstain:  0

 

25.  2005-O-216  Amending Chapter 19, Motor Vehicle and Traffic, Article VII Stopping,

 Standing or Parking, Section 19-362 City-Owned Parking Lots, Rates and

 Hours of Operation of the Code of Ordinances of the City of Laredo to  

 reduce the monthly parking lot rate for specific parking lots from $60.00  

 to $40.00 to provide affordability to customers, more particularly to e 

 employees of downtown businesses; deleting Bridge I parking lot  

 regulations due to non-existence; and providing for severability,  

 publication and effective date. 

 

 Motion to adopt Ordinance # 2005-O-216.

 

 Moved:  Cm.  Galo

 Second:  Cm.  Agredano

 For:     8                              Against:  0                                Abstain:  0  

 

  2005-O-217  Amending the City of Laredo Code of Ordinances as follows: Chapter 2,

           Article II, Division 6 (Pay Administration), Section 2-87.7 (12)(a),

providing for a cost of living adjustment increase of 2.5%, except as otherwise stated in any Collective Bargaining Agreement; providing for an effective date of September 25, 2005.

 

Motion to adopt Ordinance # 2005-O-217.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                               Against:  0                                Abstain:  0  

 

                  2005-O-218  Amending the City of Laredo Fiscal Year 2004-2005 Health and Benefits

   Fund Budget and Solid Waste Fund Budget by transferring $3,100,000.00

   from the Solid Waste Fund and appropriating it in the Health & Benefits

   Fund.  The amendment will draw down $3,100,000.00 from the Solid

   Waste Fund opening balance and appropriate a transfer out in the same

   amount to the Health & Benefits Fund for the purpose of funding the

   projected health insurance deficit.  It is the City’s intent to reimburse Solid

   Waste for the amount of the draw down at a later date.

 

Motion to adopt Ordinance # 2005-O-218.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                               Against:  0                                Abstain:  0  

 

                 2005-O-219  Adoption of the Annual Budget for fiscal year 2005-2006, as amended;

   appropriating the estimated revenues, expenditures and balances reported

   therein for the year beginning October 1, 2005 and ending September 30,

   2006, consistent with the financial plan described in said Annual Budget;

   and authorizing the City Manager to implement said Annual Budget.

 

Motion to adopt Ordinance # 2005-O-219.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                               Against:  0                                Abstain:  0  

 

2005-O-220  Amending the City of Laredo Fiscal Year 2004-2005 Annual Budget by

appropriating revenues and expenditures in the amount of $30,000.00 from the South Texas Council on Alcohol and Drug Abuse (STCADA) for evaluating and monitoring services provided by the HIV/AIDS Program of the City of Laredo Health Department; and to approve the annual contract between the City of Laredo Health Department and STCADA for the term beginning July 1, 2005 through June 30, 2006, for these services.

 

Motion to adopt Ordinance # 2005-O-220.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                               Against:  0                                Abstain:  0  

 

2005-O-221  Authorizing the City Manager to amend the City of Laredo Fiscal Year

2004 – 2005 Annual Budget by increasing revenues in the amount of $5,000.00 to the City of Laredo Health Department’s share of program income projected to be earned through fees collected from x-rays and Medicaid fee reimbursements by the Texas Department of State Health Services-Tuberculosis Elimination Program, for the grant period from September 1, 2004 through August 31, 2005.  The program income generated will be applied to further the activities and the scope of work of this program.

 

Motion to adopt Ordinance # 2005-O-221.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                               Against:  0                                Abstain:  0  

 

                  2005-O-222  Authorizing the City Manager to amend the City of Laredo Fiscal Year

   2004-2005 Annual Budget by increasing revenues in the amount of

   $2,000.00 to the City of Laredo Health Department’s share of program

   income projected to be earned through fees collected from client co-

   payments and Medicaid fee reimbursements by the Texas Department of

   State Health Services – La Familia Health Care Program, for the grant

   period from September 1, 2004 through August 31, 2005. The program

   income generated will be applied to further the activities and the scope of

   work of this program.

 

Motion to adopt Ordinance # 2005-O-222.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                               Against:  0                                Abstain:  0 

 

                   2005-O-223  Authorizing the City Manager to amend the City of Laredo Fiscal Year

    2004-2005 Annual Budget by increasing revenues in the amount of

    $9,000.00 to the City of Laredo Health Department’s share or program

    income projected to be earned through fees collected from vaccines

    administered by the Texas Department of State Health Services –

    Immunization Action Plan (IAP) Program, for the grant period from

    January 1, 2004 through August 31, 2005.  The program income generated

    will be applied to further the activities and the scope of work of this

    program.

 

Motion to adopt Ordinance # 2005-O-223.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                               Against:  0                                Abstain:  0  

 

                  2005-O-224  Amending the City of Laredo Fiscal Year 2004-2005 Annual Budget by

   appropriating revenues and expenditures in the amount of $175,689.00 in

   funds from the Texas Department of State Health Services and from

   Program Income for the Immunization Action Plan (IAP) Program of the

   City of Laredo Health Department for the period of September 1, 2005

   through August 31, 2006.

 

Motion to adopt Ordinance # 2005-O-224.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                               Against:  0                                Abstain:  0  

 

                  2005-O-225  Authorizing the City Manager to transfer $85,000.00 from the City of

   Laredo – Public Library Fiscal Year 2004 – 2005 Budget to the Friends of

   the Library Account.  The $85,000.00 represents the required City of

   Laredo’s match of 10%-13% of the estimated $850,000.00 Universal

   Service Program grant application to the School & Libraries Division /

   Universal Services Company / Federal Communications Commission. The

   grant is currently in the initial review stage, and official funding

   confirmation is still pending.

 

Motion to adopt Ordinance # 2005-O-225.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                               Against:  0                                Abstain:  0  

 

                  2005-O-226  Authorizing the City Manager to amend the Fiscal Year 2004 – 2005

   250th Anniversary Celebration Budget to appropriate revenues and

   expenditures in the amount of $23,000.00 generated by sponsorship

   contributions from the 7 Flags 7 Cultures Festival.  Funds will be used for

   scheduled 250th Anniversary Celebration Events.

 

Motion to adopt Ordinance # 2005-O-226.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                               Against:  0                                Abstain:  0  

 

2005-O-227  Amending Section 23-3 Subsection (3) of Chapter 23 (Parks and

Recreation) of the Code of Ordinances of the City of Laredo to allow for rate changes in public swimming pool admission fees from $20.00 to $10.00 for seniors 65 years and over who participate in the water aerobics classes; providing for publication and effective date.

 

Motion to adopt Ordinance # 2005-O-227.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                               Against:  0                                Abstain:  0  

 

2005-O-228  Amending Chapter 7, Building and Building Regulations, Section 7-2.

Same Amendments, Section 108.3 Building permit valuations, of the Code of Ordinances by deleting existing mechanisms for establishing valuations and creating specific valuations for the determinations of permit fees; providing for publication and effective date.

 

Motion to adopt Ordinance # 2005-O-228.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                               Against:  0                                Abstain:  0  

 

2005-O-229  Amending the City of Laredo’s FY 2004-2005 General Fund Annual

Budget to appropriate revenues and expenditures in the amount of $125,000.00 for attorney fees paid to De Anda Law Firm.  Expenditures will only be incurred and disbursed if the revenue is collected by the Tax Department.

 

Motion to adopt Ordinance # 2005-O-229.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                               Against:  0                                Abstain:  0  

 

2005-O-230  Authorizing the City Manager to amend the City of Laredo’s Fiscal Year

2004-2005 El Metro Operations Fund Budget by appropriating revenues and expenditures in the amount of $49,369.00 as a result of additional revenues from advertising and charters. Funds will be used for the purchase of fixed route bus parts.

 

Motion to adopt Ordinance # 2005-O-230.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                               Against:  0                                Abstain:  0  

 

                  2005-O-231  Providing for the adoption of a tax rate of $0.637000 per $100 value with

    a Maintenance and Operation rate of $0.512019 per $100 value and

    Interest and Sinking Fund rate of $0.124981 per $100 value and for the

    levy and the collection of General and Special ad valorem taxes for the

    City of Laredo and for the Tax Year 2005 and the Fiscal Year 2005-2006. 

    (Action needed on item # 29 prior to final reading.)

 

Motion to adopt Ordinance # 2005-O-231.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                               Against:  0                                Abstain:  0  

 

                 2005-O-232  Amending  the City of Laredo FY 2004-05 annual budget by authorizing

the City Manager to accept, execute and appropriate revenue and expenditures for five grants (TB, Primary Care, OPHP, Bioterrorism, & Abstinence) from the Texas Department State Health Services, and the Full Time Equivalent (FTEs) involved.  The amount of the five grants totals to $1,001,942 in direct funds and $173,884 in program income, and $70,000 in-kind funds from LISD, for the City of Laredo Health Department.  See Tables A to E for Budget descriptions.  The term period for these five grants is from September 1, 2005, through September 30, 2006.

 

Motion to adopt Ordinance # 2005-O-232.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                               Against:  0                                Abstain:  0  

 

X.        RESOLUTIONS

 

26.  2005-R-078  Confirming the appointment of representatives from the City of Laredo to

serve on the Board of Directors of the South Texas Development Council for the period of October 1, 2005 to September 30, 2006.

 

Elizabeth G.  Flores,                                    Mayor

Johnny Amaya,                                            Council Member

Alfredo Agrdano,                                        Council Member

Miguel Berry,                                              Community Representative

John Orfila, Sr.                                            Community Representative

Miguel A.  Pescador                                    Parks & Recreation

Erasmo Villarreal                                         Community Development         

John Orfila, Jr.                                             Public Works

Gustavo Guevara, Jr.                                   City Secretary

Jose L.  Flores                                             Airport

Jessica L.  Hein                                           Assistant to City Manager

Rafael Garcia                                               Bridge Department

Eloy Vega,                                                  Fire Department

Chief Gilberto Navarro,                               Police Department

Rene Gonzalez,                                            Laredo Development

 

Motion to approve Resolution # 2005-R-078.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:      8                             Against:  0                                Abstain:  0

27.  2005-R-090  Authorizing the use of surplus proceeds from the City of Laredo – Public

 Property Finance Contractual Obligations (PPFCO) Series 2000A, for the

 purchase of two (2) John Deere riding mowers for the Parks and

 Recreation Department; and authorizing the purchase of these two (2)

 mowers from the John Deere Company, Uvalde, Texas in the total  

 amount  

 of $15,374.86.

 

Motion to approve Resolution # 2005-R-090.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:      8                             Against:  0                                Abstain:  0

28.  2005-R-092  Consideration to authorize the City Manager to enter into an Advance

 Funding Agreement with the Texas Department of Transportation for an   

 amount of $1,750,000.00 to fund the implementation of the Intelligent

 Transportation System (ITS) Projects identified in the ITS Master Plan

 for the City of Laredo.  (Presentation on Staff Report # 52 (B) needed

 prior to adoption of Resolution).

 

Motion to approve Resolution # 2005-R-092.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:      8                             Against:  0                                Abstain:  0

XI.       MOTIONS

 

29.  Motion to introduce ordinance providing that property taxes be increased by the

adoption of a tax rate of $0.637000 per $100.00 value with a Maintenance and Operation rate of $0.512019 per $100.00 value and an Interest and Sinking Fund rate of $0.124981 per $100.00 value and for the levy and the collection of General and Special ad valorem taxes for the City of Laredo and for the Tax Year 2005 and the Fiscal Year 2005-2006.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Belmares

For:     8                                        Against:  0                                            Abstain:  0

30.  Casting a vote in support of Daniel E. Migura, Jr., Administrative Services Department

Director, for the 2005 Board of Trustees Election for Region 7 of the TML Intergovernmental Employee Benefits Pool.

 

Motion to approve.

 

Moved:  Cm.  Garcia

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Abstain:  0

31.  Authorizing the City Manager to execute a contract between the RWL Group, Inc. and

the City of Laredo, in which RWL Group, Inc. will continue to provide employee benefit services to the City of Laredo. The existing contract will expire September 30, 2005.  The new term will commence on October 1, 2005 and conclude on September 30, 2006 at a cost of $24,000.00.  RWL has provided the same level of service to the City of Laredo for the past three (3) years at the same cost, without raising fees or expenses.  Funding is available in the Fiscal Year 2005 – 2006 Administrative Services / Risk Management Division Budget.

 

Dan Migura, Administrative Services Director, informed Council that the Friday packet entails the entire scope of what is needed to be accomplished for the city’s health benefits in the next six/twelve months.  He went on to say that the RWL Group assists City staff with the Request for Proposal process and the contract renewals.  He mentioned that he had addressed RWL Associates with the concerns that Council has regarding the consultant and the twelve month contract.  The City has a 30 day out after the full six month; however, he recommended a full twelve months contract explaining that it is a retainer.  It is based on a 12 month fee for service.     

 

Cm.  Garcia expressed his dissatisfaction with the consultant during the Blue Cross Blue Shield proposal.

 

Dan Migura, Administrative Service Director, stressed the importance of maintaining continuity of information and advised that he needs to keep a status quo.  He further explained that the Health & Benefits Committee has expressed their desire to have a meeting every two months so he can keep them abreast of the progress.  The information provided will allow staff to tweak the progression in a way that would best benefit the City.  The consultant has vital, proprietary information that was received during the opening of the Request for Proposals.      

 

Mayor Flores instructed the City Manager to draft a letter addressing the Council’s concerns to the primary owners of RWL Associates.

 

Cm. Belmares expressed his dissatisfaction with the consultant

 

Cm.  Valdez noted that the consultant was aware of medical benefits that were offered to United Independent School District and the Laredo Independent School District; however, he did not approach the City staff to advise them of the discounts. 

 

Mr. Migura explained that he understood the Council’s frustration; however, he strongly urged Council to renew the contract for twelve months with an option to re-bid in six months. 

 

Cm.  Garcia said that he understands the situation that the director is in and he hoped that Mr.  Migura understands that Council is not happy with the work that the consultant from for RWL Associates has provided.

 

Motion to follow staff’s recommendations and renew the contract for twelve months with the agreement that staff will submit a request for proposal in six months to seek a benefit consultant.

 

Moved:  Cm.  Garcia

Second:  Cm.  Agredano

For:     7                                        Against:  1                                            Abstain:  0

                                                     Cm.  Valdez

                                                    

32.  Authorizing the City Manager to execute a contract between the RWL Group, Inc. and

the City of Laredo, in which RWL Group, Inc. will continue to provide risk management with property and liability insurance consulting services to the City of Laredo.  The new term will commence on October 1, 2005 and conclude on September 30, 2006 at a cost of $16,200.00.  RWL has provided the same level of services to the City of Laredo for the past two (2) years at the same cost, without raising fees and expenses.  Funding is available in the Fiscal Year 2005 – 2006 Administrative Services / Risk Management Division Budget.

 

Motion to postpone.

 

Moved:  Cm.  Valdez

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

33.  Authorization to rescind contract negotiations with general contractor LEH

Contractors, Inc., San Antonio, Texas, for the Los Obispos Unit-5, Remediation Project, Phase II.

 

Motion to approve.

 

Moved:  Cm.  Garcia

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Abstain:  0

34.  Consideration for approval of the selection of consultant Arcadis, Laredo, Texas, with

Risa Fisher Associates, Dallas, Texas, for the Site Selection and Design of a Compost Facility for the City of Laredo Landfill in accordance with the requirements of the Texas Commission on Environmental Quality and authorization to negotiate a professional services contract.

 

Motion to approve.

 

Moved:  Cm.  Garcia

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Abstain:  0

35.  Consideration for approval of Change Order No. 1, a decrease of $1,533.00 to delete

       one (1) light pole; acceptance of the Laredo International Airport East Fuel Far   

       Electrical Improvements; and approval of the release of retainage and final payment in

       the amount of $9,776.70 to A.M.P. Electric Company, Laredo, Texas. Final contract

       amount is $97,767.00. Funding is available in the Airport Construction Fund.

 

Motion to approve.

 

Moved:  Cm.  Garcia

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Abstain:  0

36.  Consideration for approval of acceptance of the Laredo International Airport East Fuel

Farm Paving and Fencing Improvements, and approval of final payment in the amount $43,182.30 to Gilmar Construction, Ltd., Laredo, Texas. Final contract amount is $126,687.00. Funding is available in the Airport Construction Fund.

 

Motion to approve.

 

Moved:  Cm.  Agredano

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

37.  Consideration to award contract number FY06-006 to the low bidder, for the

installation of a new elevator at the Parking Division building located at 900 Matamoros (old Municipal Court building).  Funding is available in the Parking Meter Fund.  (Low bidder will be announced at City Council meeting.)

 

Mayor Flores announced that the City of Laredo did not receive any proposals from bidders on this item. 

 

38.  Consideration to authorize the City Manager to negotiate and execute contracts with

U.S. and Mexican print, billboard, and electronic media vendors listed in the Laredo Convention & Visitors Bureau (CVB) Fiscal Year 2005 – 2006 Media Plan.  Media Plan advertisements for the Laredo Convention & Visitors Bureau will be placed effective October 1, 2005 through September 30, 2006.  Funding is available in the CVB Marketing Division Budget.

 

Motion to approve.

 

Moved:  Cm.  Agredano

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

39.  Authorizing the City Manager to execute an amendment to the Collective Bargaining

Agreement between the City of Laredo and Local 1390, International Association of Firefighters (April 1, 2001 through March 31, 2006) specifically Article 15, Monthly Base Pay Scale, by amending  Section 15.4. (c) to read as follows:

 

*  15.4 (c) 5th Contract Year: On April 1st of 2005, the base salary increase for the

    fifth (5th) contract year shall be set as follows:

 

*  Fire Captains, District Chiefs, Deputy Chiefs, Fire Marshall, and Assistant Chief

    shall receive a five percent (5%) increase of base salary.

 

*  Fire Drivers and Assistant Drivers shall receive a three percent (3%) increase of

    base salary.

 

*  All Fire Cadets and Fire Fighters shall receive a three percent (3%) increase of

    base salary.

 

*  The City of Laredo shall pay full back pay and benefits to all members of the

    Collective Bargaining Unit retroactive to April 1, 2005.

 

Motion to approve.

 

Moved:  Cm.  Agredano

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

40.  Consideration to exercise a renewal option for one (1) additional year on the contract

FY04-069 awarded to Nick Benavides, Laredo, Texas, in the annual amount of $72,168.00, for providing monthly mowing and maintenance of the Zacate Creek areas. This includes the collection of trash, debris, rubbish, and other floatable material along the creek from Meadow and Canal Streets to the mouth of the river. Funding is available in the Environmental Services Department Budget.

 

Motion to approve.

 

Moved:  Cm.  Valdez

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

41.  Consideration to exercise a renewal option for one (1) additional year on contract

number FY04-122, awarded to Envirosolve, L.L.C., Tulsa, OK, in the estimated amount of $34,858.00, for conducting two (2) Household Hazardous Waste (HHW) collection events and one (1) Conditionally Exempt Small Quantity Generator (CESQG) collection event. The term of this contract was for one (1) year with an option to extend the contract for three (3), one (1) year terms. This will be the first option year. Funding is available in the Environmental Services Department Budget.

 

Motion to approve.

 

Moved:  Cm.  Valdez

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

42.  Consideration to award contract number FY05-084 to InterNetworks Experts, San

Antonio, Texas, for providing a centralized and network based video surveillance system for city departments. This system will provide the infrastructure for surveillance services citywide and will be implemented in phases. Phase I includes surveillance system for the Solid Waste Facility, Parking Division, and three City parks. Funding is available in the Solid Waste Fund, Parking Meter Fund and Community Development – 30th Action Year Budget.

 

Motion to approve.

 

Moved:  Cm.  Valdez

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

43.  Authorizing the City Manager to write-off various accounts receivable that are deemed

to be un-collectable by the City’s audit of Garza, Martinez & Co. as per their Letter to Management. The total write-off amount is $3,865,656.98; a summary by account type is available for review. The financial impact to the City will be an expenditure of $11,609.01 for the fiscal year.

 

Motion to approve.

 

Moved:  Cm.  Valdez

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

44.  Consideration to award contract FY06-002 to Principal Decision Systems International

Inc., Orange, CA in the amount of $74,250.00 for the purchase of a PC-based constant staffing, overtime management, and notification software solution for the Fire Department. Funding is available from a Homeland Security Grant administered by the Fire Department.

 

Motion to approve.

 

Moved:  Cm.  Valdez

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

45.  Authorizing the City Manager to enter into an Interlocal Agreement with Webb

County, Texas to provide fire protection, emergency medical, and rescue services within the County of Webb, but excluding any incorporated city lying outside the incorporated limits of the City of Laredo, for a period of five (5) years, commencing on October 1, 2005 and ending September 30, 2010 at a cost of  $600,000.00 annually (payable  in sixty (60) equal monthly installments of $50,000.00) and the purchase of two (2) BrushMaster Fire Apparatus trucks upon the effective date of this agreement.

 

Motion to approve.

 

Moved:  Cm.  Valdez

Second:  Cm.  Amaya

For:     7                                        Against:  0                                            Abstain:  1

                                                                                                                 Cm.  Amaya

 

46.  Authorizing the City Manager to amend the Laredo Veterans Coalition third party

funding contract Section 2.9 by increasing the limit on aid to applicant from $400.00 to $800.00 for contract year 2004 – 2005.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Valdez

For:     8                                        Against:  0                                            Abstain:  0

47.  Authorizing the City Manager to instruct staff to negotiate a possible contract with

Ventura Sports Group of El Paso, Texas, for the use of Veterans Field by an independent professional baseball league. 

 

Motion to postpone and instruct staff to negotiate the proposals from both parties best and finals.

 

Moved:  Cm.  Belmares

Second:  Cm.  Galo

For:     8                                        Against:  0                                            Abstain:  0

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

month of August 2005 represents an increase of $2,783.09. These adjustments are determined by Webb County Appraisal District and by court orders.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Valdez

For:     8                                        Against:  0                                            Abstain:  0

49.  Consideration to authorize the purchase of one (1) replacement tractor trailer truck,

with a 24-30 cubic yard aluminum end dump semi-trailer, for the Utilities Department  - Wastewater Treatment Division, from Rush Truck Centers of Texas, L.P., in the total amount of $142,969.00 through the Texas Local Government Purchasing Cooperative (Buy Board) contract pricing. Funding is available in the Utilities Department Budget.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Valdez

For:     8                                        Against:  0                                            Abstain:  0

 

50.  Authorizing the City Manager to negotiate a professional service contract with

Cambridge Systematics, Inc. in association with Alliance Transportation Group, Inc. for the performance of a Hazardous Cargo Community Risk Assessment and Route Alternative Analysis.  Funding is available in the Bridge System Fund.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Valdez

For:     8                                        Against:  0                                            Abstain:  0

 

51.  Authorizing the City Manager to enter into contract and award $6,213.21 in 2003

Emergency Shelter Grant funds to Bethany House for Homeless Prevention assistance.  These 2003 ESG funds are an unexpended fund balance from a contract with Webb County Community Action Agency.  The 2003 ESG funds are made available by the U.S. Department of Housing and Urban Development.  (Action is necessary only if CAA does not meet its obligations by September 15, 2005.)

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Valdez

For:     8                                        Against:  0                                            Abstain:  0

 

52.  Authorizing the City Manager to (1) terminate its 2004 Emergency Shelter Grant

(ESG) contract with the Laredo Webb County Community Action Agency (CAA) for homeless prevention assistance funds in the amount of $20,000.00, and (2) to enter into contract and award the $20,000.00 to Bethany House for homeless prevention assistance.  These changes pertain to 2004 Emergency Shelter Grant Funds which are made available by the U.S. Department of Housing and Urban Development.  (Action is necessary only if CAA does not meet its contract obligations by September 15, 2005.)

 

Roberto Martinez, employee for Laredo Webb County Community Action Agency, agreed that the agency had not spent the available funds but asked Council to reconsider and allow him to keep the funds.  He advised that the agency has been short staffed and has been unable to spend the funds.   

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Valdez

For:     7                                        Against:  0                                            Abstain:  1

                                                                                                                 Cm.  Amaya

XII.     STAFF REPORTS

 

53.  A.  Staff presentation by Keith Selman, Planning Director, regarding the City’s sign

 ordinance.

 

Keith Selman, Planning Director, walked the Council through the sign ordinance and addressed the issue of political signage.  He acknowledged the direction from the City Manager to address various signs in the City that might be in violation.  He continued by saying that staff will look at each scenario and decide whether they are in violation or not.  He added that politicians should not look for ways to get around the sign ordinance.  He stated that the sign permits may be obtained at the Planning and Zoning Department.  Finally, he said that his department will be redrafting a letter regarding political signage. 

 

B.  Presentation by the Traffic Safety Department regarding the initial phases of

     deployment for the City of Laredo – Intelligent Transportation Systems Master Plan.

 

     Roberto Murillo, Traffic Director, submitted the following material:

 

     ITS Master Plan

 

On October 2003, the engineering firm of Kimley-Horn and Associates was selected to develop an ITS Master Plan for the City of Laredo.

 

In 2004, the City of Laredo received notice of a federal earmark funding for ITS Signal integration Projects in the amount of $1,750,000 which does not require local match.

 

Recommended ITS Project Deployment

 

Downtown Closed Loop Signal Phase I            $462,500

Downtown Close Loop Signal Phase II $904,500

Bridge I and II Traffic Coordination                  $245,000

Water Street Fiber Optic                                  $ 50,000

Traffic management Center                               $ 88,000

 

     Total                                                                $1,750,000

 

C.  Discussion with possible action to consider Firefighter Anthony Joel Tice’s first

request for an extension of injury leave with pay in accordance with 143.073(b) of  

the Texas Local Government Code.

 

Dan Migura, Administrative Services Director, stated Anthony Joel Tice was injured on May 15, 2004.  He added that he has exhausted 260 Loss Work Days on August 22, 2005.  The documentation from the doctor indicates that the officer should be returning to work on October 21, 2005

 

Mr.  Tice explained that his injury happened while he was on duty for the City of Laredo.  He noted that his surgeon and his general practitioner have advised him that he may return to work one year after the date of his surgery.      

                       

Motion to approve the extension of injury leave for an addition of sixty working days with pay accordance with 143.073 (b) of the Texas Local Government Code.

 

                        Moved:  Cm.  Belmares 

                        Second:  Cm.  Amaya

                        For:     8                                   Against:  0                                            Abstain:  0

 

     D.  Discussion with possible action to consider Police Officer Jesus Muñoz’ second

                       request for an extension of injury leave with pay in accordance with 143.073(b) of

                       the Texas Local Government Code.

 

Dan Migura, Administrative Services Director, said Officer Munoz would not be able to attend the meeting; however, he advised that he has had surgery twice and his next doctor’s appointment will be on September 22, 2005.  He recommended an additional sixty working days for Officer Jesus Munoz. 

 

Motion to extend the injury leave for sixty days with pay for Police Officer Jesus Munoz in accordance with 143.073 (B) of the Texas Local Government Code. 

 

Moved:  Cm.  Agredano

Second:  Cm.  Amaya

For:     8                                   Against:  0                                            Abstain:  0

 

XIII.    GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS

 

54.  A.  Request by Mayor Elizabeth G. Flores

 

1.  Appointment of City Council members to the City Council Downtown

Redevelopment Committee and designation of a Downtown Redevelopment Organization for the purpose of promoting downtown development, implementing downtown marketing efforts, and keeping the City Council and the community informed of downtown redevelopment efforts undertaken by both the private and public sectors.

 

Mayor Flores mentioned that she was going to appoint City Council member to the City Council Downtown Redevelopment Organization for the purpose of promoting downtown development, implementing downtown marketing efforts, and keeping the City Council and the community informed of downtown redevelopment efforts undertaken by both he private and public sectors. 

 

She named the following individuals:             Mayor Flores

                                                                   Cm.  Ramirez

                                                                   Cm.  Garcia

                                                                   Cm.  Belmares

 

The Mayor also appointed the Streets of Laredo Organization as the City’s Downtown Redevelopment Organization.  Finally, the Mayor asked the City Manager to include City staff in the committees

 

                   B.  Request by Council Member John C. Galo

1.  Move to appropriate a sum not to exceed $10,000.00 of Capital Improvement

     Project Discretionary Funds to create a pole barn at the Canizales Gym.

 

Motion to move to appropriate a sum not to exceed $10,000 of Capital Improvement Discretionary Funds to create a pole barn at the Canizales Gym.

 

     Moved:  Cm.  Galo

     Second:  Cm.  Agredano

     For:     8                              Against:  0                                            Abstain:  0

2.  Discussion with possible action on the need for a better structured process

regarding  reporting to City Council by the City Manager and his staff on all action items, including follow-up reporting.

 

Cm.  Galo advised that the City Manager submitted a memo with the new structured process that was sufficient for him.      

    

3.  Move to initiate a formal request for proposals for electrical service providers for

     the City.

 

Cm.  Galo said that the item was a reminiscent from a discussion that was held a year ago regarding the City’s electrical providers.  He expressed a desire for Council to be able to monitor the prices that are received to assure that the City is getting the best price for their electrical services.  To avoid conflict or controversy, he asked staff to notify all the providers that are registered with the state of Texas to provide quotes for electricity. 

 

Rosario Cabello, Finance Director, advised that there is an annual request for proposal for electrical services through STAP.

 

Cm.  Galo said that it is frustrating because he would like to compare prices because of the time issue. 

 

Mayor Flores asked staff to provide a weekly report of any and all reports that are being worked on within the City to avoid future problems with Council Members.

 

Larry Dovalina, City Manager, explained that the coalition places all the kilowatts use by all the entities into a pool.  The pool goes out into the open market and solicits bids from all the electrical providers.  Then there is an analysis done by the electric providers that reduces the rate.  What does not occur and it is fair to point out is that the people that don’t have the resources to be able to furnish the kilowatts for that entire group are left out. 

 

Cm.  Galo said that he would like an opportunity to exam the submitted prices.

 

Rosario Cabello mentioned that STAP will dissolve if the City of Laredo decides to withdraw their membership.  She explained that since the city has more bargaining power because it is part of a larger unit.    

 

Cm.  Galo encouraged staff to go out for competitive bids. 

 

Rosario Cabello, Finance Director, noted that the process is very technical.   She added that the process requires for consultants to be reviewing daily gas prices and that is included in the STAP contract.  She continued to say that if the City decides to opt out that they would need to hire a consultant.   

Larry Dovalina, City Manager, said that the City cannot be a member of the coalition without participating in the coalition.  He noted that Council should make a choice one way or another.  The City should either opt out or stay in the coalition.  It’s unfair to attempt to go forward on a parallel course being in both parties and opt out at the last minute.  The contract with STAP expires December 31, 2005.  If the Council wish to opt out staff will send a letter to the STAP telling them that the City will seek their own power beginning on January 1, 2006.   

 

Cm.  Valdez suggested getting price quotes where they consider Laredo as part of their coalition and to provide a price without the City of Laredo.  

 

Motion to send a letter to STAP advising them that the city of Laredo would like for them to obtain price quotes considering the City of Laredo and one without the City of Laredo.     

 

Moved:  Cm.  Agredano      

Second:  Cm.  Galo

For     8                                            Against:  0                                Abstain:  0

 

Motion to go out for Request for Proposals for competitive bids for electrical services for the City of Laredo.   

 

Moved:  Cm.  Valdez

Second:  Cm.  Galo

For:     8                                           Against:  0                                Abstain:  0

4.  Discussion regarding the creation of an investment zone in Downtown Laredo to

     include the consideration of incentives, with possible action.

 

Cm.  Galo said that San Bernardo is a dynamic trade area where tourist/shoppers have noticed that they can find all the items that they have previously purchased in Mexico much cheaper on San Bernardo.  He added that he would like to add Santa Maria to the revitalization or reinvestment zone.  He stated that he has contacted several investors that are interested in investing in the downtown area and he would like for staff to search all taxing mechanisms to see if the City can offer a tax abatement for them noting that they are not qualify by jobs but should qualify because of the investment amount.   

 

                     C.  Request by Council Member Johnny Rendon

1.  Status report on the Upper Zacate Creek Drainage Project, with possible action.

 

Cm.  Rendon advised that he received telephone calls from business owners around Jacaman that are concerned about the flooding. 

 

Gabriel Martinez, Engineering Department, said the engineering design was completed on the Upper Zacate Creek Channel  He stated that the channel improvement stretches from McPherson Road to north of Jacaman. 

 

Riazul Mia, Environmental Services Director, advised that staff has approved the detention pond for Alexander.  He stated that if you visit the site you will notice that the spillway has changed so the pipes are at different levels.  Finally, he advised that Alexander has not completed developing so they have only constructed one detention pond; however, they will create the other two detention ponds when the continue their construction. 

 

2.  Discussion with possible action regarding a City Council resolution to continue

dialogue between the City and United States and Mexico Federal Governments concerning the safe return of American citizens to the United States.

 

“Mayor and members of the City Council,

 

The reason I bring this item to Council is because I have seen these families come before us on several occasions for support.  I realize that we are limited in the ways that we can help these folks, but I am hoping that by directing staff to prepare a Council Resolution requesting the support of both, the United States Federal Government and the Mexican Federal Government to address the concerns of these Laredo families whose relatives are considered missing in Mexico and are American citizens, we can help shine a ray of hope that soon they will be reunited with their families.”

 

Moved:  Cm.  Rendon

Second:  Cm.  Belmares

For:     8                                          Against:  0                                Abstain:  0

 

                       D.  Request by Council Member Gene Belmares

1.  Status report regarding waterline breaks in the Regency Subdivision, with

     possible action.

 

Cm.  Belmares stated that in the interest of time he requested for staff to include the information in the Friday packet.

 

                     E.  Request by Mayor Pro-Tempore Jose A. Valdez, Jr.

1.  Discussion with possible action to amend the Fiscal Year 2005-2006 Annual

Budget to create an additional water distribution work crew within the Utilities Department by appropriating funds for additional FTE positions and equipment effective October 1, 2005. (Co-sponsored by Council Member Hector Garcia.)

 

Cm.  Valdez stated that the Utilities Department is understaffed and he asked the City Manager to address the issue.

 

Larry Dovalina, advised that he instructed staff to prepare a cost for a water distribution crew; equipment; and other factors to be able to provide an estimated amount for Council and they provided him with the final total of $437,000. 

 

Motion to amend the Fiscal Year 2005-2006 Annual Budget to create an additional water distribution work crew within the Utilities Department by appropriating funds for additional FTE positions and equipment effective October 1, 2005.

 

Moved:  Cm.  Valdez

Second:  Cm.  Galo

For:     8                                          Against:  0                                Abstain:  0

 

2.  Status report on Father MaNaboe Park Improvements Phase II and directing staff    

to request bids for project construction immediately following project design. (Co-sponsored by Council Member Hector Garcia.)

 

Motion to direct staff to request bids for project construction immediately following project design.

 

Moved:  Cm.  Valdez

Second:

For:     8                                      Against:  0                                    Abstain:  0

 

                      F.  Request by Council Member Juan Ramirez

1.  Discussion with possible action regarding the operations of El Metro by First

     Transit.

 

Cm.  Ramirez said that he has been hearing a lot of inviduals complain abou the operations of the system of El Metro.  He stated that they are also complaining about the scheduling of the El Lift Program.  Finally, he advised that many customers are complaining that the air conditioners are not working on several buses and when they call the operator at El Metro that she is extremely rude. 

 

Larry Dovalina,  City Manager, encouraged the Council Member to provide the number to the City of Laredo Customer Service specialist at 791-7312.

 

2.  Discussion with possible action regarding the installation of a fence on the soccer

field located on the west bank of Zacate Creek between Gonzalez Street and Park Street.

 

Motion to plant oleanders on the west bank of Zacate Creek between Gonzalez Street and Park Street using the discretionary funds from District VIII.

 

Moved:  Cm.  Ramirez

Second:  Cm.  Valdez

For:     8                              Against: 0                                             Abstain: 0

 

3.  Discussion with possible action regarding the continued blocking of Sanchez

     Street by Union Pacific Railroad.

 

Keith Selman, Planning Director, said the he had met with the representatives from the Union Pacific last week and provided aerial photos proving that three trains were blocking Sanchez Street which is prohibited by City Ordinance.  He advised that he was not particularly friendly at the meeting because it appears that blocking was premeditated by the drivers.  He has called the Texas Department of Transportation and they advised him that there has not been any changes in the legislation regarding blocking streets.  He further stated that the city needs to issue additional citations to the Union Pacific Railroad. 

 

Mayor asked the Planning Director to return to Council with recommendations and suggestions to remedy the problem. 

 

4.  Discussion with possible action regarding police patrols in the Downtown area.

 

Cm.  Ramirez notified Council of several recent acts of criminal activity in the downtown area. 

 

Mayor Flores asked the Police Chief to send a report to Council regarding the downtown area. 

 

Cindy Collazo, Deputy City Manager, said that she will be meeting with the Police Chief on Wednesday where additional officers will be dispatched for the Christmas season. 

 

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.

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

regards to deliberation of the purchase, exchange, lease, or value of real property, along the upper Zacate Creek for purposes of drainage improvements; because deliberation in an open meeting would have a detrimental effect on the position of the government body in negotiations with a third person; and return to open session for possible action.

 

Motion to go into Executive Session pursuant to Texas Government Code Section 551.072 in regards to deliberation of the purchase, exchange, lease, or value of real property, along the upper Zacate Creek for purposes of drainage improvements; because deliberation in an open meeting would have a detrimental effect on the position of the government body in negotiations with a third person; and return to open session for possible action.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

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

 

XV.      RECESS AS THE LAREDO CITY COUNCIL AND CONVENE AS THE LAREDO MASS TRANSIT BOARD

 

            Motion to recess as the Laredo City Council and convene as the Laredo Mass Transit Board.

 

            Moved:  Cm.  Galo

            Second:  Cm.  Amaya

            For:     8                                               Against:  0                                            Abstain:  0

                       

56.  Motion to waive the bus fare collection during Seniors In Motion Day on October 6,

2005. This action will give El Metro an opportunity to attract new customers and educate our community on the importance of public transportation. The estimated revenue loss is $7,500.00.

           

                   Motion to approve.

 

                   Moved:  Cm.  Galo

                   Second:  Cm.  Amaya

                   For:     8                                        Against:  0                                            Abstain:  0

XVI.    ADJOURN AS THE LAREDO MASS TRANSIT BOARD AND RECONVENE AS THE LAREDO CITY COUNCIL.

 

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

 

            Moved:  Cm.  Galo

            Second:  Cm.  Agredano

            For:     7                                               Against:  0                                            Abstain:  0 

XVII.   ADJOURNMENT

 

M2005-S-13

SUPPLEMENTAL AGENDA

 

I.            GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS

 

 A.   Request by Mayor Elizabeth G. Flores

 

1.      Rescind the veto of August 15, 2005 and request for motion to ratify the action taken by City Council at the meeting of August 1, 2005 regarding the naming of East Central Park, pursuant to the Charter of the City of Laredo, Section 2.15(4) given that the change in name occurred prior to the development of a park naming process and to provide that the names of all the parks named at the meeting of August 1, 2005 stand. (Co-sponsored by Johnny Amaya)

 

Mayor Flores stated that she rescinded her veto of August 15, 2005

 

2.      Discussion of request that Council postpone the naming of any park, city owned facility and/or recreational area until after Council adopts a naming process, with possible action.

 

Motion to approve the request that Council postpone the naming of any park, city owned facility and/or recreational area until after Council adopts a naming process.

 

Moved:  Cm.  Agredano

Second:  Cm.  Belmares

For:     8                                    Against:  0                         Abstain:  0

 

  B.  Request by Council Member Johnny Rendon

 

1.      Discussion with possible action to re-name the Hillside Park the Blas Castañeda Park.  (Co-sponsored by Cm. Johnny Amaya)

 

Motion to approve the re-naming of the Hillside Park the Blas Castaneda Park.

 

Moved:  Cm.  Belmares

Second:  Cm.  Garcia

For:     8                                    Against:  0                         Abstain:  0

 

C.             Request by Mayor Pro-Tempore Jose A. Valdez, Jr.

 

 

1.      Discussion with possible action to instruct staff to amend local city ordinances to reflect changes in state regulatory licensing requirements and to clarify the city requirements for master electricians at job sites.  (Co-sponsored by Cm. Johnny Rendon)

 

Cm.  Valdez said that he was concerned because he had received calls saying that the City has been issuing citations to electric companies despite a recent change in state regulatory licensing requirements. 

 

Cynthia Collazo, Deputy City Manager, said that the letter advising the City of the state regulations is currently in the Mayors office and will be presented to Keith Selman, Planning Director. 

 

Keith Selman, City Planner noted that related citations will be dismissed by the City.   

 

Cm.  Valdez advised that there was a special extension which allows the City to have jurisdiction on how they proceed with having master elections at the job sites.  A master electrician is required to be at every job site.  The problem starts when the electricians are borrowing licenses. 

 

Keith Selman informed Council that you need to be a master electrician in order to obtain a permit.   A master electrician can have several electricians working for him.  He informed Council that he will research the state laws and return to council. 

 

II.         ADJOURNMENT

 

Motion adjourn.                                                                                                   Time:  11:13

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                                                  Against:  0                                            Abstain:  0