CITY OF LAREDO

CITY COUNCIL MEETING

M2006-R-06

CITY COUNCIL CHAMBERS

1110 HOUSTON STREET

LAREDO, TEXAS 78040

March 27, 2006

5:30 P.M.

 

I.          CALL TO ORDER

 

            With a quorum present, Mayor Elizabeth G.  Flores.

 

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

            Juan Chavez,                                                                            Council Member, District VII

            Juan Ramirez,                                                                           Mayor Pro Tem, District VIII

            Donna Copeland-Magnon,                                                       Deputy City Secretary

            Larry Dovalina,                                                                         City Manager

            Horacio De Leon,                                                                     Assistant City Attorney

            Jaime Flores,                                                                            City Attorney

 

IV.       MINUTES

 

            Approval of the minutes of January 9, 2006 and February 27, 2006.

 

            Motion to approve January 9, 2006 and February 27, 2006.

 

            Moved:  Cm.  Agredano

            Second:  Cm.  Amaya

            For:     8                                               Against:  0                                            Abstain:  0

 

V.        COMMUNICATIONS AND RECOGNITIONS

 

 

 

 

            Announcements

 

a.  Presentation by Anna Santa Cruz, Loan Officer, regarding the services provided by

     ACCION Texas in Laredo.

 

Janie Barrera, announced that ACCION is a nonprofit organization that lends money to entrepreneurs that do not qualify for loans from a banking establishment.  She noted that their establishment may lend up to $5,000 to $50,000 and their total goal is to lend $500,000 in the Laredo Community.  

 

            Invitations

 

            None.

 

            Recognitions

 

a.  Recognition of Louis and Janice Weber for the donation of a Suzuki Mini-Grande digital

     piano to the City of Laredo Parks and Recreation Department.

 

Mayor Flores and the City Council presented Louis and Janice Weber with a plaque for donating a Suzuki Mini-Grande digital piano to the City of Laredo Parks and Recreation Department.

 

b.  Recognition of the All America Dance Studio Senior All Star Cheerleading Squad for

winning the National Title at the Universal Cheerleading Associations’ National All Star Cheerleading Championship.

 

The Mayor informed the community that the All American Cheerleaders competed against 23 other teams from around the nation.  The girls were the only team from Texas competing in a small senior level four division.  Several teams that competed had been attending the Florida competition for many years.  The Laredo Cheerleaders drew attention as everyone started asking where they came from.  The Senior All Stars from All American literally came in as the new kids on the block and they were not intimidated.  They swept the National Title.  Laredo and the All American Senior All Stars will long be remembered at the Florida competition. 

 

The Mayor and City Council presented the All American Dance Studio Senior All Star Cheerleading Squad for winning the National title at the Universal Cheerleading Associations’ National All Star Cheerleading championship a Certificate of Seven Flags to each cheerleader. 

 

c.  Recognition of Bernardo y Sus Compadres for 35 years in the music service.

The Mayor and City Council presented a plaque to a representative of the Bernardo y Sus Compades for 35 years in the music service.

 

 

 

 

 

            Communiqués

           

Cm.  Agredano thanked John Orfila, Public Works Manager, and his staff for delivering loads of dirt to Century City.  He also invited the viewing public to vote in the early elections which would start on April 3, 2006.

 

Cm.  Garcia thanked the team that networked and lobbied in Washington DC for federal funds to be brought back to Laredo.  He congratulated the Boy’s Nixon Track Team and the Gir’ls United Track Team for winning the City Championships.  He also thanked the District II residents for having faith in him because he is running unopposed in the next City Council election.   

 

Cm.  Galo congratulated Cm.  Garcia for running unopposed in the City of Laredo District II seat election.  He also congratulated the boys and girls track teams for winning the City Championships.  He mentioned that the fire and police department did a great job handling a fire that total burned Imperial Garden on Calton Street.  He congratulated the Public Works Department and the Parks Department for always doing a great job.  He also mentioned that he had received several calls by concerned residents for the dirt that blows at the Slaughter Parks.  He mentioned that he would ask the city to go to the park and wet down the dirt.  He also congratulated Cm.  Agredano for running a clean campaign. 

 

Cm.  Amaya invited the residents in his District to attend a public meeting that will be hosted by Community Development in District IV at the Inner City Park. 

 

Cm.  Rendon echoed comments given by Cm.  Garcia by mentioning what a wonderful job the City of Laredo Directors did in representing the City and its concerns to individuals in Washington.  .   

 

Cm.  Belmares said that every year City employees and Council Members accomplish their goal of soliciting funds for the City by visiting Washington DC.  He noted that Henry Bonilla has granted over 40M in grants to the City of Laredo through this particular networking.  Congressman Cuellar worked diligently and has brought grants to the City but because of this trip he worked to get the City of Laredo a helicopter for the Police Department.  He went on to say that the work that is done through this trip pays off faster than most people know.  The fact that the President of the United States invited Mayor Flores in to discuss immigration policy is a testimony of what is done in the City of Laredo and where we are economically and politically.  He added that Univision accompanied the City of Laredo staff and they recorded the actions of everyone and how busy they are during the trip to Washington.  Finally he discussed the significance of the 800 MHz Digital Trunk Radio that the City of Laredo purchased for the fire and police department.  He thanked the City of Laredo and the Council for having the vision for taking an additional step in purchasing the system.  He asked the citizens of Laredo to support the Laredo Bucks.

 

Cm.  Chavez advised that District VII had a town hall meeting and he thanked the Public Access Channel, Blasita Lopez,  and Xotchil. Mora.  He asked every one that is affected by the construction on Mines Road area to be patient. 

 

Cm.  Ramirez expressed his sorrow for the death of Lefty Martinez.  He noted that his leadership and devotion to his county will be missed. 

 

Mayor Flores concurred with Cm.  Ramirez that Mr.  Martinez was an outstanding individual.  She added that everyone will remember him for a long time.  She also thanked the employees of KLDO, especially the management, for finding the real sources and helping see the vision of getting the information from Washington to the people of Laredo.    She mentioned how special the trip to Washington DC was especially because it was her last trip as Mayor of the City of Laredo.  She expressed her thanks to all the individuals that made it so special including the President of the United States who called her and invited her to the White House to the Oval Office.  She added that every trip to Washington DC has been memorial in the work that they do and the information that is put together.  She advised that it is not easy to legislate or govern a City the size of Laredo but the City administration and the current Council make it easy.  She congratulated everyone that had anything to do with the Washington trip.   

           

a.  Mayor Elizabeth G. Flores reports on the City of Laredo El Metro Transit System.

 

     Motion to postpone.

 

     Moved:  Cm.  Agredano

     Second:  Cm.  Garcia

     For:     8                                          Against:  0                                            Abstain:  0

 

VI.       APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES

 

a. Appointment by Council Member Juan Chavez of:

 

1.  Hector Cavazos to the Library Advisory Committee

2.  Esther Firova to the Third Party Funding Advisory Committee

3.  Cynthia Sierra to the Tree Advisory Committee

4.  Imelda T. Rodriguez to the Charter Review Commission

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Garcia

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 rezoning Lot 51, Block 1, North Point Hills Subdivision, located approximately at 249 North Point Drive, from R-3 (Mixed Residential District) to R-O (Retail/Office District).  The Planning & Zoning Commission recommended approval of the zone change.   

 

Motion to open the public hearing.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:      8                                         Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Rendon

Second:  Cm.  Garcia

For:      7                                         Against:  0                                            Against:  0

 

Cm.  Galo was not present.

 

Ordinance Introduction:  Cm.  Rendon

 

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

City of Laredo by rezoning Lots 3 and 4, Block 89, Eastern Division, located at 117 Laredo Street and 1218 Sanders Avenue, from R-3 (Mixed Residential District) to R-1A (Single-Family Reduced Area District).  The Planning & Zoning Commission recommended approval of the zone change. 

 

Motion to open the public hearing.

 

Moved:  Cm.  Garcia

Second:  Cm.  Amaya

For:     7                                          Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Ramirez

Second:  Cm.  Amaya

For:      8                                         Against:                                                Against:

 

Ordinance Introduction:  Cm.  Ramirez

   

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

City of Laredo by rezoning Lot 8, Block 95, Eastern Division, located at 802 Chihuahua Street, from R-O (Residential/Office District) to B-1 (Limited Commercial District).  The Planning & Zoning Commission recommended approval of the zone change.  

 

Motion to open the public hearing.

 

Moved:  Cm.  Galo

Second:  Cm.  Valdez

For:      8                                         Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                                          Against:  0                                            Against:  0

 

Ordinance Introduction:  Cm.  Galo

 

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

City of Laredo by rezoning 3.65 acres, as further described by metes and bounds in attached Exhibit “A”, located east of U.S. Highway 83 and south of Eleden Subdivision, from AG (Agricultural District) to B-1 (Limited Commercial District).  The Planning & Zoning Commission recommended approval of the zone change.

 

Motion to open the public hearing.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                                          Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Agredano

Second:  Cm.  Valdez

For:      8                                         Against:  0                                            Against:  0

 

Ordinance Introduction:  Cm.  Agredano

 

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

City of Laredo by rezoning 6.59 acres, as further described by metes and bounds in attached Exhibit “A,” located east of U.S. Highway 83 and south of Eleden Subdivision, from R-1 (Single Family Residential District) to B-3 (Community Business District).  The Planning & Zoning Commission recommended approval of the zone change. 

 

Motion to open the public hearing.

 

Moved:  Cm.  Garcia

Second:  Cm.  Amaya

For:     8                                          Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Agredano

Second:  Cm.  Garcia

For:     8                                          Against:  0                                            Against:  0

 

Ordinance Introduction:   Cm.  Agredano

 

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

City of Laredo by rezoning 20.13 acres, as further described by metes and bounds in attached Exhibit “A” and located east of U.S. Highway 83 and south of Eleden Subdivision, from AG (Agricultural District) to R-1A (Single-Family Reduced Area District).  The Planning & Zoning Commission recommended approval of the zone change.

 

Motion to open the public hearing.

 

Moved:  Cm.  Garcia

Second:  Cm.  Agredano

For:     8                                          Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Agredano

Second:  Cm.  Amaya

For:      8                                         Against:  0                                            Against:  0

 

Ordinance Introduction:  Cm.  Agredano

 

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

City of Laredo by rezoning 4.18 acres, as further described by metes and bounds in attached Exhibit “A”, located south of Lomas Del Sur Boulevard and east of Colombia Drive, from R-1A (Single Family Reduced Area District) to B-1 (Limited Commercial District).  The Planning & Zoning Commission recommended approval of the zone change. 

 

Motion to open the public hearing.

 

Moved:  Cm.  Garcia

Second:  Cm.  Agredano

For:     8                                          Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Agredano

Second:  Cm.  Amaya

For:     8                                          Against:  0                                            Against:  0

 

Ordinance Introduction:  Cm.  Agredano

 

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

City of Laredo by rezoning 31.99 acres, as further described by metes and bounds in attached Exhibit “A” and located east of Sandhill Drive and north of Del Mar Boulevard, from R-2 (Multi-Family Residential District) and B-3 (Community Business District) to R-1A (Single-Family Reduced Area District).  The Planning and Zoning Commission recommended approval of the zone change.

 

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.  Amaya

For:     8                                          Against:  0                                            Against:  0

 

Ordinance Introduction:  Cm.  Belmares

 

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

City of Laredo by rezoning 1.41 acres, as further described by metes and bounds in attached Exhibit “A”, located north of Del Mar Boulevard west of Sandhill Drive, from R-2 (Multi-Family Residential District) to B-3 (Community Business District).  The Planning & Zoning Commission recommended approval of the zone change. 

 

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.  Garcia

For:      7                                         Against:  0                                            Against:  0

 

Ordinance Introduction:  Cm.  Belmares

 

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

City of Laredo by rezoning .37 acres, as further described by metes and bounds in attached Exhibit “A”, located north of Blue Quail Road and Sandhill Drive, from R-2 (Multi-Family Residential District) to B-3 (Community Business District).  The Planning & Zoning Commission has recommended approval of the zone change. 

 

Motion to open the public hearing.

 

Moved:  Cm.  Garcia

Second:  Cm.  Agredano

For:     7                                        Against:  0                                            Against:  0

 

Cm.  Amaya was not present.

 

There was no public hearing.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Belmares

Second:  Cm.  Valdez

For:     8                                        Against:  0                                            Against:  0

 

Ordinance Introduction:  Cm.  Belmares

 

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

City of Laredo by rezoning Lot 1, Block 1, Independence Hill Subdivision Phase 1, located at 4205 Loop 20, from B-3 (Community Business District) to B-4 (Highway Commercial District).  The Planning & Zoning Commission recommended denial of the zone change.

 

Motion to open the public hearing.

 

Moved:  Cm.  Garcia

Second:  Cm.  Amaya

For:     8                                        Against:                                                Against:

 

There was no public hearing.

 

Motion to close the public hearing and deny.

 

Moved:  Cm.  Amaya

Second:  Cm.  Galo

For:     8                                        Against:  0                                            Against:  0

 

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

City of Laredo by rezoning Lots 1 and 2, Block 831, Eastern Division, located at 1501 Clark Boulevard, from R-1 (Single-Family Residential District) to B-1 (Limited Commercial District).  The Planning & Zoning Commission recommended denial of the zone change. 

 

Motion to open the public hearing.

 

Moved:  Cm.  Galo

Second:  Cm.  Garcia

For:     8                                        Against:  0                                            Against:  0

 

Ron Whitehawk spoke on behalf of the applicant.  He pointed out that the zoning case involved two lots; however, the owner owns three lots because his homestead is within the three lots.  He noted that the property owner has lived there for over ten year with an antique store next to his home.  He chose to omit the homestead portion of the lot which is to the east because he wanted to assure his next door neighbor that his homestead would remain a homestead.  The construction that the owner intends to do is on the Seymour side that would not affect the neighbor.  He added that there were 29 notices sent out and no one objected as long as the owner stays within his original plan.  He asked Council to approve of the zone change.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Amaya

Second:  Cm.  Galo

For:     8                                        Against:  0                                            Against:  0

 

Ordinance Introduction:  Cm.  Amaya

 

13.  Public hearing and introductory ordinance amending the City of Laredo Bridge System

Fiscal Year 2005-2006 Annual Operating Budget by increasing the Full Time Equivalent positions (FTE’s) by twenty one (21) for the City of Laredo Bridge of the Americas Modification Project (El Portal) which include eleven (11) Bridge Officer/Collectors, seven (7) Bridge Officer/Traffic Guards and three (3) Building Maintenance Mechanics.  Funding is available in the Laredo Bridge System Fund.

 

Motion to open the public hearing.

 

Moved:  Cm.  Garcia

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Against:  0

 

There was no public hearing.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Garcia

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Against:  0

 

Ordinance Introduction:  City Council

 

14.  Public hearing and introductory ordinance amending Section 1 of Ordinance 2005-O-

209 of the City of Laredo and authorizing to reinstate a $35.00 per tag deposit for all new non-commercial and commercial customers that participate in the Automatic Vehicle Identification System (A.V.I.) as further described in Exhibit “A” and hereby repealing all conflicting sections in all ordinances currently in effect.

 

Motion to open the public hearing.

 

Moved:  Cm.  Garcia

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Against:

 

There was no public hearing.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Amaya

Second:  Cm.  Garcia

For:     8                                        Against:  0                                            Against:  0

 

Ordinance Introduction:  City Council

 

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

2005 – 2006 Capital Improvement Fund Budget by appropriating $300,000.00.  These funds were generated by a Public Works Equipment Usage Charge on various City bond projects and appropriating said amount for equipment acquisition for the Public Works Department.

 

Motion to open the public hearing.

 

Moved:  Cm.  Garcia

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Against:  0

 

There was no public hearing.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Garcia

Second:  Cm.  Belmares

For:     8                                        Against:  0                                            Against:  0

 

Ordinance Introduction:  City Council

16.  Public hearing and introductory ordinance amending Chapter 15, Health and Sanitation,

Article VI “Indoor Clean  Air”, of the Code of Ordinances of the City of Laredo, Texas by amending Sections 15-78 through 15-81;  “No smoking in public places”; providing for violations, enforcement and penalties of the  policies implementing this Chapter; providing severability; and providing for an effective date and publication.

 

Motion to open the public hearing.

 

Moved:  Cm.  Garcia

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Against:  0

 

Dr.  Garcia shared that he had personally experienced the death of several loved ones in his family who died from cigarette smoking.  He asked Council to support the  “Indoor Clean Air” Ordinance.

 

Mayor Flores read the following letter:

 

“As a physician from Laredo, the concern to protect the citizens of Laredo from Health Hazards induced by exposure to smoking an environmental tobacco smoke is very important to me.  Therefore, I am in support of the amended “Indoor Clean Air Quality Ordinance” that will be presented at the March 27, 2006 City Council Meeting for a total ban.  I will partner in this effort and would like to voice my support for public comment at the City Council Meeting.  If you have any questions please contact me at the numbers above” Dr.  Carlos Yanez 

 

Mayor Flores read a list of doctors that are opposed to smoking in public. 

 

Dora Deltoro, Regional Coordinator for the Office of Tobacco Prevention and Control with the Texas Department of State Health Services,  said that she was present to provide information on second hand smoke as a public health issue.  She read “There have been approximately 30 world studies of passive smoking and lung cancer.  Fourteen reported that test for exposure response and ten listed as statistically significant at the 95% confidence level.  The 1986 Attorney General’s report the health consequences of involuntary smoking stated that second hand smoke can cause disease in non smokers.  In addition, hundreds of studies have concluded that exposure to 2nd hand smoke causes serious health risks.  The environmental protection agency concluded that environmental tobacco smoke is a class a carcinogen causing cancer in humans and some say at any level.  This is the same classification already given to asbestos, benzene, and other substances know to cause cancer in humans.  Second hand smoke is the 3rd leading preventable cause of death in the United States killing over 5,300 Americans each year.  That is approximately 1,000 people a week.  Second hand smoke causes 30 times as many lung cancer deaths as regulated air pollutants combined.  Second hand smoke contains a mixture of more than 4,000 chemicals.  Forty three compounds in tobacco smoke are known to cause cancer in humans or animals.  For every eight smokers that die from tobacco use, one non smoker dies also.  One hour in a smoke free section restaurant is as harmful as smoking one cigarette.  Two hours in a smoky bar is equivalent as smoking four cigarettes.  Employees exposed to second hand smoke on the job are 34% more likely to get lung cancer.  Waitress and Waiters are four times more likely to die of lung cancer than other women and twice the risk of dieing with heart disease.  Providing a smoking and non smoking section where the use of ventilation does not eliminate harmful exposure.  There is also an impact on second hand smoke on ethic issues.  Hispanics are less likely to use tobacco products and are most likely to be exposed to second hand smoke at work. Other cities have strengthened their smoking ordinance”..

 

Pete Soto, representing the American Cancer Society, mentioned that he has been working with cancer patients for the last twenty year in Laredo and has often witnessed cases where the non smoking partner is diagnosed with lung cancer.  Second hand smoke is harmful.  He invited the interested individuals to visit the cancer center at Laredo Medical Center to see first hand what second hand smoking does to people.  Based on several facts, the future of Laredo should be a future without cigarette smoke.

 

Sara De La Garza, representing Webb County Youth Community Coalition, read the following “It is said that parents, families, and community leaders are concerned about juvenile obesity, diabetes,  blood pressure, or other health issues; however, we overlook the consequences of smoking.  Time and time again, our generation is always been told that we are the leaders of tomorrow, and we are the leaders of the city, state, and this country but most importantly, our families.  By improving this stronger non-smoking ordinance you will help us to finally bring Laredo out.  We will be better leaders for our Laredo and improve our families.  Help us to bring Laredo, this wonderful city, to a better quality of life.  This can be accomplished by all of your approval.  By allowing smoking in public places, people are forced to breath in second hand smoke and they have to deal with smoking second hand smoke when they shouldn’t have too.  They have the right to go to places and not have to worry about second hand smoke and having cancer.”   

 

Marciel Joval, interested party, stated that the public servants that have passed the legislations do not take the interests of who opposes rather they have the interest of keeping the communities healthy.  She added that non smoking restaurants continue to prosper despite the fact that people cannot smoke.  She noted that cancer caused by second hand smoke can be avoided with the Council’s approval.

 

Vincent Norris, attorney at law, spoke in support of the non smoking ordinance. 

 

George Garcia, attorney at law, noted that it is evident that the number of smokers has decreased throughout the years and questioned why few smokers should dictate what happens to the majority.  He suggested extending the item to the public and allow them to vote on the issue.  He commented that people that go to night clubs/bars will always go to bar regardless if they are allowed to smoke or not.  

 

Laura Llanes, volunteer from American Cancer Society, commended the City Council for considering a smoke free ordinance.  She stated that she was pleased that all of the statistics were presented.  She said that her husband is Dr.  Carlos Llanes, a Pulmonologist and a survivor of lung cancer adding that he never smoked one day in his life.  She pointed out that cancer is a terrible disease to battle.  Smoking causes one third of all cancer deaths. 

 

 Sandra Hernandez, representing Doctor’s Hospital, commented that her son has had asthma since he was six months old and at the age of seventeen she still reminds him to avoid attending clubs where people smoke.  Children who suffer from asthma can have an attack on the spot when a person is allowed to smoke in the same building.  Cigarette smoke can also cause pneumonia, sinus problems and impaired lung functions.  She asked Council to do their best by protecting the community against cigarette smoke. 

 

Walter Alvarez, interested party, asked Council to place health above business revenue profits.  He continued to read an article that proved that a no smoking ordinance will not affect the revenue profits for Laredo

 

Juanita Martinez asked Council to consider the children and pass the no smoking ordinance. 

 

Trish Keck, LISD Health Services, advocated for the students of LISD, stated that asthma is one of the primary reasons that everyone should be concerned about second hand smoke.  It is the most prevalent problem in school children adding that it is the number one cause for absenteeism.  On behalf of the children of Laredo, she asked Council to approve the ordinance and improve the quality of life for children. 

 

Hector Gonzalez, Health Director for the City of Laredo, provided information regarding the amendments done to the existing ordinance.  He declared that the newly amended ordinance will not allow smokers to smoke in any public place included eating establishments, bars, bowling alleys, malls, theaters, etc.  The City of Laredo already has a no smoking policy in city facilities but this will include non city facilities.  He further stated that the newly revised ordinance specifies a distance for smokers when they go outside to smoke a cigarette.  He advised that the enforcement will be a joint effort through several departments.  He stressed the importance of reaching out to the public to inform them of the ordinance and educate them on the new policy of not smoking in public places.  

 

Cm.  Garcia raised the issue of enforcement at the Civic Center.  He pointed out that the City of Laredo does not enforce the “no smoking policy” at the Civic Center.  He further stated that he believes that citizens should have the right and choice to smoke in a bar establishment.    

 

Cm.  Rendon advised that he had talked to a constituent that is opposed to the ban on smoking but would be more willing to accept the ban if it would include any and all businesses. 

 

Cm.  Agredano acknowledged that he is in favor of the Clean Air Ordinance for the children and for the general public and employees that do not smoke.

 

Cm.  Belmares said for the City Council to dismiss the issue of equal protection under the law is wrong.  He said that people should not make assumptions about individuals and why they are working at the bar because it may be all that they can do at the moment.  He added that people go to bars to drink and enjoy their friends and they will continue to go to the bars whether they are allowed to smoke or not noting that they do not go to a bar just to smoke cigarettes.  Smoking is just nasty byproduct of where people go.

 

Cm.  Ramirez made a motion to close the public hearing and introduce.

 

Cm.  Belmares ask to amend the section of the ordinance that pertains to the distance requirement from 15 feet to 5 feet.

 

Cm.  Ramirez said that he would accept a distance requirement of 10 feet but would not accept a 5 feet distance requirement.

 

Motion to close the public hearing and introduce with an amendment to change the distance requirement from 15 feet to 10 feet. 

 

Cm.  Galo announced that he is a non smoker who understands the entire debate but has a problem with infringing on other people’s rights.  He pointed out that the City cannot protect children who live with smoking parents in worse environments.  He said that the only way that he could support the Ordinance is by a total ban. 

 

Cm.  Garcia mentioned that Austin approved of a Clean Air Ordinance but rescinded the ordinance after two years. 

 

The Mayor advised that Austin is a bad example because they just approved an Ordinance that allows dogs in restaurants. 

 

Cm.  Belmares responded that the government always steps in when health issues are concerned.  He said that it boils down to the fact that people do not want to show responsibility for their actions so the government steps in.

 

Moved:  Cm.  Ramirez

Second:  Cm.  Rendon

For:     5                                        Against:  3                                            Against:  0

                                                     Cm.  Garcia

                                                     Cm.  Amaya

                                                     Cm.  Chavez

 

Ordinance Introduction:  City Council

 

Dr.  Gonzalez congratulated Council for taking a very visionary step by having an indoor air quality ordinance and then taking a stand for the quality of life.  Our concern is the merging problem with children and employees. 

 

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

2005 – 2006 Annual Budget by appropriating revenues and expenditures in the amount of $138,743.00 in additional funds from the Texas Department of State Health Services to extend the grant period an additional six (6) months, for a total amount of $306,835.00 and $144,222.00 in Program Income for the Office of Public Health Practice (OPHP) of the City of Laredo Health Department for the period beginning September 1, 2005 through August 31, 2006.

 

Motion to open the public hearing.

 

Moved:  Cm.  Garcia

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Against:  0

 

There was no public hearing.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Belmares

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Against:  0

 

Ordinance Introduction:  City Council

 

VIII.    INTRODUCTORY ORDINANCES

 

18.  Authorizing the City Manager to execute a lease with Carlos Rodriguez for

approximately 960 square feet constituting Building No. 1319 located at 4011 North Jarvis Avenue at the Laredo International Airport.  Lease term is for three (3) years commencing on March 1, 2006 and ending on February 28, 2009.  Monthly rent shall be $480.00 and will be adjusted annually according to changes in the Consumer Price Index; providing for an effective date.

 

Ordinance Introduction:

19.  Authorizing the City Manager to amend the Fiscal Year 2006 Veterans Field Fund

Budget by providing for revenues and expenditures for Veterans Field in the amount of $100,000.00.  Funds will be generated through the Laredo Equities, LLC lease agreement of Veterans Field.

 

Ordinance Introduction:  City Council

20.  Closing as a public easement a 12,199.49 sq. ft. parcel of land out of the Fairway Lane

situated in the Country Club Commercial Subdivision, City of Laredo, Webb County, Texas, as recorded in Volume 3, Page 18-A, Webb County plat records, as described on attached Exhibit A and providing for an effective.

 

Ordinance Introduction:  City Council

21.  Designating as a one-way southbound the 3300 and 3400 blocks of Texas Avenue, and

designating as a one-way westbound the 2400 and 2500 blocks of Elm Street and designating as a one-way northbound the 3300 and 3400 blocks of Martin Avenue, 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 thru Friday, during school days, providing for the installation of appropriate signs to indicate one-way traffic in the directions indicated and providing for publication and effective date.

 

Ordinance Introduction:  City Council

 

IX.       FINAL READING OF ORDINANCES 

 

Motion to waive the final readings #2006-O-054, # 2006-O-055, # 2006-O-056, 3 2006-O-057, # 2006-O-058, and # 2006-O-059.

 

            Moved:  Cm.  Galo

            Second:  Cm.  Garcia

            For:     8                                               Against:  0                                            Abstain:  0 

22.  2006-O-054  Amending the Fiscal Year 2005 – 2006 Annual Operating Budget in the

Environmental Services Fund Budget by accepting a donation of $200.00 from H.E.B. Stores and appropriating said funds for the purpose of providing food for the volunteers at the December 2005 Household Hazardous Waste and Used Tire Collection Event.

 

Motion to adopt Ordinance # 2006-O-054.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                              Against:  0                                Abstain:  0

 

2006-O-055 Amending the City of Laredo 2005 – 2006 Annual Budget for the

Communications System Fund in the amount of $66,961.00.  The City of Laredo will be utilizing these funds for the purchase of additional equipment for the City of Laredo’s proposed 800 MHz trunked radio communications system project.  Funding is available as a transfer-in from various City departments.

 

Motion to adopt Ordinance # 2006-O-055.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                              Against:  0                                Abstain:  0

 

2006-O-056  Authorizing the City Manager to execute a one (1) year lease agreement

between the City of Laredo Parks and Recreation Department and “Escuela de Futbol Guadalajara Soccer” for use of one (1) soccer field at the Ladrillera Park located at 1900 Pinder Road Avenue for a fee of $200.00 per month. The primary purpose of this agreement is to institute a soccer program for the youth of Laredo with the understanding that the fields are open for public use during non-program hours.

 

Motion to adopt Ordinance # 2006-O-056.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                              Against:  0                                Abstain:  0

 

                 2006-O-057    Authorizing the City Manager to execute a contract by and on behalf of

     the City of Laredo, Grantee of Foreign-Trade Zone No. 94 and

     authorizing the City Manager to enter into an Operations Agreement with

     Bruni International Inc., as Zone Site Operator, to activate approximately

     3,000 square feet of warehouse space located at Foreign-Trade Zone No.

     94, Site III, effective upon execution.  Providing activation,

     administration and transaction fees be paid to the City and providing for

     an effective date.

 

Motion to adopt Ordinance # 2006-O-057.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                              Against:  0                                Abstain:  0

 

                  2006-O-058  Authorizing the City Manager to execute an Overhead Utility Easement

    Document WR# 11841321 with American Electric Power (AEP) for a 15’

    easement (0.9851 acre tract out of Lot 1, Block 2, Laredo International

    Airport Subdivision) recorded in Volume 16, Pages 45-47 of the Webb

    County Plat Records for the purpose of installing overhead electrical

    facilities to serve the Laredo Town Center, Inc. commercial development

    leased premises; providing for an effective date.

 

Motion to adopt Ordinance # 2006-O-058.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                              Against:  0                                Abstain:  0

 

                    2006-O-059 Abandoning a utility easement described as being a 30 foot wide strip of

    land, containing 6,829.06 square feet or 0.157 acres, more or less, over

    and across Tract 3, in the Laredo Ranchettes Subdivision, Webb County,

    Texas.  Said utility easement was granted to the City of Laredo by Juan

    Estrada and Pedro Estrada by conveyance instrument dated April 23,

    2004, recorded in Volume 1636, pp. 802-805 official property records of

    Webb County, Texas and described on the attached Exhibit.  Said release

    of easement being in consideration of an alternative utility easement that

    was conveyed to the City of Laredo on December 2, 2005.

 

Motion to adopt Ordinance # 2006-O-059.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                              Against:  0                                Abstain:  0

X.        RESOLUTIONS

 

23.  2006-R-028  Accepting the donation of one parcel of land as a utility easement from

Joaquin Alvarado, Jr., Cristina Alvarado Lozano, Julian Alvarado, and Sylvia Alvarado Castor, for the extension of water and sewer services lines to the Laredo Ranchettes Subdivision.  Said parcel being a 15-foot utility easement containing 4,737 square feet of land, more or less, situated in Porcion 32, Abstract 296, Webb County, Texas, being out of tract 12, Laredo Ranchettes, amending plat recorded in volume 2, page 233, Webb county plat records; and described by metes and bounds and survey attached as Exhibits A and B.

 

Motion to approve Resolution # 2006-R-028.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                               Against:  0                                Abstain:  0

 

24.  2006-R-029  Declaring the public necessity to acquire the “Surface Only” of one parcel

of land for the widening of Bartlett Avenue between Sandman Street and Hillside Road.  Said parcel being 200.00 square feet, more or less, out of, lying, over, and across, a portion of Lot 29, Block 1, Flynn Subdivision, Section I, recorded in Volume 3, Page 5, Plat Records, Webb County, Texas; and described by Metes and Bounds and Survey attached as Exhibits A and B; and authorizing staff to negotiate with the owner(s) for the acquisition of said parcel by purchase at a market value to be established by a State Certified Real Estate Appraiser, and further authorizing the City Attorney to initiate condemnation proceedings to acquire said parcel if staff is unable to acquire through negotiations due to inability to agree to a purchase price, conflict of ownership, owner(s) refusal to sell, and/ or inability to locate the listed owner(s). 

 

Motion to approve Resolution # 2006-R-029.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                               Against:  0                                Abstain:  0

 

25.  2006-R-030  Accepting the donation of one parcel of land as a utility easement from

Martinez Land Clearing Company, for the extension of water and sewer services lines to the Tanquecitos II Subdivision.  Said Utility Easement being the North 15 feet of Tract A-7, Tanquecitos II, situated in Porcion 32, Abstract 296, Webb County, Texas; and described by Metes and Bounds and Survey attached as Exhibits A and B.

 

Motion to approve Resolution # 2006-R-030.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                               Against:  0                                Abstain:  0

 

           26.  2006-R-032  Accepting the dedication of a sanitary sewer easement from A & W Real

Estate, Ltd., and Laredo Four Winds, Ltd., to provide sanitary sewer services to the area along South U.S. Highway 83, said easement being described in the document dated October 28, 2005 and recorded in Volume 2037, pp.796-801, Official Property Records, Webb County, Texas, which is attached hereto as Exhibit 1, and the location of said easement being shown on Exhibits A and B attached to Exhibit 1.

 

Motion to approve Resolution # 2006-R-032.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                               Against:  0                                Abstain:  0

 

27.  2006-R-033  Authorizing the City Manager to apply for a grant in the amount of

$624,685.00 to fund the Laredo Financial Narcotics Enforcement Team and a grant in the amount of $99,916.00 to fund the Laredo Multi-Agency Drug Related Public Corruption Task Force.  Both grants are funded by the Executive Office of the President, Office of the National Drug Control Policy (ONDCP), and High Intensity Drug Trafficking Area (HIDTA) at no cost to the City. Funding will be used to pay personnel salaries, fringe benefits, overtime, travel, and operating expenses from January 1, 2007 through December 31, 2007.  Funding for the STX Multi Agency Drug Related Public Corruption Task Force will be used for payment of fringe benefits, overtime, travel, and operating expenses from January 1, 2007 through December 31, 2007.

 

Motion to approve Resolution # 2006-R-033.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                               Against:  0                                Abstain:  0

 

28.  2006-R-034  Authorizing the City Manager to submit a grant application to the Texas

Automobile Theft Prevention Authority to fund the Laredo Auto Theft Task Force for the period of September 1, 2006 through August 31, 2007.  This grant pays salaries, fringe benefits, equipment, and supplies for Laredo Police Department personnel and Webb County personnel to combat auto theft in the City of Laredo and Webb County area.

 

Motion to approve Resolution # 2006-R-034.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                               Against:  0                                Abstain:  0

 

29.  2006-R-035  Confirming the Mayor’s Appointment to the Metropolitan Planning

    Organization (MPO) Policy Committee.

 

Motion to approve Resolution # 2006-R-035.  She appointed Cm.  Gene Belmares.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                               Against:  0                                Abstain:  0

 

30. 2006-R-037  Authorizing the City Manager to enter into an agreement between the City

of Laredo and Laredo Shopping Center, LTD., (Target) for funding the construction improvements required for the installation and activation of a traffic signal on Clark Boulevard and Aguila Azteca Street. Target agrees to fund this project.  The City of Laredo will be responsible for the maintenance of the traffic signal, the electrical service necessary for the operation of the traffic signal and ownership after the completion of the project.

 

Motion to approve Resolution # 2006-R-037.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                               Against:  0                                Abstain:  0

 

31.  2006-R-038  Consideration to authorize the City Manager to submit a grant application

to the South Texas Development Council (STDC) in the amount of $25,000.00 with no matching funds.  Funds will be used to buy an industrial grade shredder to be used at the Material Recovery Center to be able to recycle paper that has sensitive information.

 

Motion to approve Resolution # 2006-R-038.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                               Against:  0                                Abstain:  0

 

32.  2006-R-039  Consideration to authorize the City Manager to submit a grant application

to the South Texas Development Council (STDC) in the amount of    $11,000.00 with no matching funds.  Funds will be used to place one (1) drop-off site for downtown merchants and shoppers to keep cardboard boxes off the street curb during business hours.

 

Motion to approve Resolution # 2006-R-028.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                               Against:  0                                Abstain:  0

 

33.  2006-R-040  Consideration to authorize the City Manager to submit a grant application

to the South Texas Development Council (STDC) in the amount of $20,000.00 with no matching funds.  Funds will be used for a billboard campaign to promote recycling, and buy promotional items that will help further boost the success of the billboard campaign.

 

Motion to approve Resolution # 2006-R-040.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                               Against:  0                                Abstain:  0

 

XI.       MOTIONS

 

34.  Consideration for approval of change order no. 2 an increase of $106,673.00 for

additional electrical duct banks and pull boxes on Taxiway D and subgrade improvements to the General Aviation Apron to the construction contract with Ramos Industries, Inc., Pasadena, Texas, for the Laredo International Airport Reconstruction of Portions of Runways 17R-35L (Phases I and II), Taxiways B and D, and General Aviation Apron (Phase I) AIP Project No. 3-48-0136-042-2005 and AIP Project No.3-48-0136-044-2005 and to add twenty-five (25) calendar days to the construction contract time.  Funding is available in the Airport Construction Fund – Taxiway D Project, General Aviation Apron Project and Runway 17R-35L Project.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

35.  Consideration for approval of amendment no. 1 an increase of $96,047.00 to the

professional services contract with Freese and Nichols, Inc., Forth Worth, Texas, for the Laredo International Airport Rehabilitation of General Aviation Apron for re-packaging to go out on bids for Phase II of the project.  Funding is available in the Airport Construction Fund Purchased Professional Services/Project Engineer Fees – Proposed General Aviation Apron Grant.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

36.  Consideration for approval of amendment no.1, a decrease of $44,979.39 to the

professional services contract with Freese and Nichols, Inc., Fort Worth, Texas, for work not incurred in Grant #32 for the construction administration of Phases II and III and approval of amendment no. 2, an increase of $62,497.00 for re-packaging and to go out on bids for the Laredo International Airport Northeast Cargo Apron Phase II.  Funding is available in the Airport Proposed North East Cargo Apron Grant and Program Income Division.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

37.  Consideration for approval to award a professional services contract to Arcadis, in the

amount of $1,279,218.00 for advanced preliminary engineering, plans, specifications, and an estimate package for the West Laredo Corridor Phase II – Calton Road Railroad Grade Separation.  Funding is available in the West Laredo/CPL Road – Phase II account.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

38.  Consideration for approval of change order no. 1 a decrease of $19,937.25 for the

balance of quantities actually constructed in place, acceptance of the CDBG Sidewalks City-Wide Project No. 29 (25 Blocks) and approval of final payment in the amount of $40,066.98 to ALC Construction, Laredo, Texas.  Final contract amount is $173,611.00.  Funding is available in the Community Development Fund – 30th Action Year – 2004 Grant.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

39.  Consideration for approval to award a professional Services Contract to Land Design

Partners, Inc., Austin, Texas, for an amount not to exceed $176,000.00 for design and preparation of plans and specifications for the Slaughter Park Phase I.  Funding is available in the Community Development Fund – 30th Action Year – 2004 Grant.

 

Motion to approve.

 

Moved:  Cm.  Garcia

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

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

the CDBG Sidewalks City – Wide Project No. 32 (15 Blocks – District V) and approval to award an engineering contract for an amount of $12,050.00 for design and preparation of plans and specifications.  Funding is available in the Community Development Fund – 31st Action Year – 2005 Grant.

 

Motion to approve.

 

Moved:  Cm.  Garcia

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

41.  Consideration for approval of the selection of consultant Puig Engineering, L.L.C.,

Laredo, Texas, for the CDBG Sidewalks City-Wide Project No. 33 (5 Blocks – District V and 10 Blocks District VII) and approval to award an engineering contract for an amount of $12,050.00 for design and preparation of plans and specifications.  Funding is available in the Community Development Fund – 31st Action Year – 2005 Grant.

 

Motion to approve.

 

Moved:  Cm.  Garcia

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

42.  Consideration for approval to award a construction contract to the lowest bidder Prada

Construction Company, Laredo, Texas, in the bid amount of $298,000.00 for the Improvements to the Immunization Clinic at the Laredo Health Department.  Funding is available in the 2005 CO Bond.

 

Motion to approve.

 

Moved:  Cm.  Garcia

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

 

43.  Authorizing the City Manager to contract with the four (4) local testing laboratories

(Drash Consulting Engineers, Inc., South Texas Testing Laboratories, Inc., Howland Engineering and Surveying Company, and Carrillo and Associates, Inc.) on a rotation and on as needed basis for the remainder of Fiscal Year 2005 – 2006 for construction materials quality testing and subsurface exploration services, and to be funded from each respective project account.

 

Motion to approve.

 

Moved:  Cm.  Garcia

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

44.  Consideration for approval of the selection of consultant for the Father McNaboe

Splash Park, Seven Flags Park and West Lyon Splash Park Project (Design/Build) and authorization to negotiate a professional services contract.  Funding is available in the Parks Capital Grant, Community Development Block Grant, and Texas Parks and Wildlife Grant accounts.

 

Motion to approve.

 

Moved:  Cm.  Garcia

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

45.  Consideration for approval of change order no. 4 to add seventy-seven (77) calendar

days to the construction contract time with Leyendecker Construction, Laredo, Texas, for the City of Laredo Bridge of the Americas Modification Project (El Portal) due to extra floor space added to Building “E” in change order no. 3 and other items.  Funding is available in the Bridge 2002 Revenue Bond.

 

Motion to approve.

 

Moved:  Cm.  Garcia

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

46.  Consideration for approval of the selection of consultant for the North Central Park and

authorization to negotiate a professional services contract. Funding is available in the 2005 CO Bonds.

 

Motion to approve.

 

Moved:  Cm.  Garcia

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

47.  Consideration for approval to award a professional services contract to Drash

Consulting Engineers, Inc., Laredo, Texas, for an amount not to exceed $4,800.00 to provide subsurface exploration, laboratory, sampling, and testing services of materials for quality control for the Mayor Tatangelo Walkway Modification from Grant Street to Lincoln Street.  Funding is available in the District VIII – Tatangelo Walkway Study.

 

Motion to approve.

 

Moved:  Cm.  Garcia

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

48.  Consideration for approval to award a professional Services Contract to Design Group

International, Laredo, Texas, for an amount not to exceed $33,300.00 for design and preparation of plans and specifications for the Civic Center Re-Roofing located at 2400 San Bernardo Avenue.  Funding is available in the Capital Improvement Fund – Civic Center Renovation Project.

 

Motion to approve.

 

Moved:  Cm.  Garcia

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

49.  Consideration for approval of the selection of consultant Drash Consulting Engineers,

Inc., Laredo, Texas, for the Asbestos Containing Building Materials Investigations for commercial and residential structures City - Wide for the Fiscal Year 2005 – 2006 and authorization to negotiate a professional services contract for each respective project.  Funding is to be available from each project account.

 

Motion to approve.

 

Moved:  Cm.  Garcia

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

50.  Authorizing the City Manager to enter into a Lease Agreement between the City of

Laredo and Laredo Texas Hospital Company, L.P. d/b/a Laredo Medical Center for the purpose of allowing the City of Laredo Health Department to house the WIC Program as it promotes wellness, nutrition, and breastfeeding.  The term of the agreement shall be for five (5) years beginning May 1, 2006 through April 30, 2011.  Annual rental rate is $39,814.56; monthly rental rate is $3,317.88.  The rental fee for the new site will be paid through the WIC Grant (226-6086) with an escalation cost not to exceed 3% per year.

 

Motion to approve.

 

Moved:  Cm.  Garcia

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

 

51.  Authorizing the City Manager to allocate an additional $45,000.00 to pay for legal

services related to the existing retainer agreement with the Law Offices of Baker Botts, L.L.P., for the lawsuit styled City of Laredo vs. Webb County, Case No. 03-05-00168-CV in the Court of Appeals for the Third District of Texas at Austin.  Funding is available in the Bridge System Fund.

 

Motion to approve.

 

Moved:  Cm.  Garcia

Second:  Cm.  Amaya

For:     7                                        Against:  0                                            Abstain:  1

                                                                                                                 Cm.  Amaya

 

52.  Consideration to award a contract for concessionaire at the Benavides Softball

Complex and all municipal swimming pools to Mr. Alejandro Campos for a period of one year.  This vendor was the sole bidder and it is recommended based on the price structure provided and the percentage of revenue offered to the city during the bid process.  The agreement is expected to provide a monthly rental income of $100.00 during active sales months including 15% of the gross revenue from sales.

 

Motion to approve.

 

Moved:  Cm.  Garcia

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

53.  Authorizing the City Manager to award a professional services contract to Carl S.

Hirsh, Managing Partner of Stafford Sports, LLC. in the amount of $30,000.00 for research and development of a Request for Proposals and develop criteria for evaluating proposals in separate phases to determine the suitability of the construction of a Professional Baseball Stadium for the City of Laredo.  Funding available through the Sports Venue sales tax proceeds (Phase I).

 

Motion to approve amending the funding available through the Recreation Department instead of the Sports Venue sales tax proceeds. 

 

Moved:  Cm.  Garcia

Second:  Cm.  Belmares

For:     8                                        Against:  0                                            Abstain:  0

54.  Consideration to award contract number FY06-052, to the sole bidder, Rodriguez Steel

& Pipe Supply, Laredo, Texas, in the estimated amount of $30,000.00, for the purchase of assorted steel.  These materials will be purchased on an as needed basis by the Bridge System and Parks and Recreation Departments for construction and repair projects.  Funding is available in the respective departmental budgets.

 

Motion to approve.

 

Moved:  Cm.  Garcia

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

55.  Consideration to award supply contract number FY05-036 to the following low

bidders:  Libcon, Inc.  DBA Leyendecker Materials, Laredo, Texas in the estimated amount of $1,698,000.00 for the purchase of asphalt, black base, flexible base, asphalt oils, sand and gravel; Martin Marieeta Materials,  in the estimated amount of $245,200.00; and City Ready Mix, Laredo, Texas in the estimated amount of $222,500.00, for the purchase of ready mix cement.  These will be the primary vendors for the purchase of materials required for all city paving and construction projects.  The City received identical bids of $12.00 per cubic yard for the purchase of flexible base and sand delivered to the job site, from Leyendecker Materials and Pete Gallegos Paving, Inc.  Lots will be drawn at the City Council meeting to determine which vendor will be awarded a supply contract for both flexible base and sand.  Generally, the asphalt materials have increased approximately 31% from the previous contract period.  The term of the contract is for a one year period and is subject to the availability of funds.  All materials are purchased on an as needed basis utilizing the Public Works Department and construction project budgets.

 

Motion to approve.

 

Moved: Cm.  Galo

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

56.  Consideration to authorize change order number 2, an increase of $74,905.30, for

additional radio equipment, and the addition of five contract days to the 800MHz radio communication contract awarded to Motorola.  The change order includes a reduction of eighty (80) mobile radios and the addition of one hundred and thirty four (134) portable radios.  Funding is available in the Communication System fund budget.

 

Motion to approve.

 

Moved:  Cm.  Garcia

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

57.  Consideration to authorize the purchase of seventy (70) sets of structural fire fighting

protective uniforms from Dooley Tackaberry, Deer Park, Texas through the Texas Local Government Purchasing Cooperative (Buy Board) contract pricing in the total amount of $124,362.00.  Funding is available in the 2005 Contractual Obligation Bond proceeds.  The City Council previously authorized that this same equipment be purchased through the Houston Galveston Area of Governments cooperative contract at the City Council meeting of 2/06/06 however this equipment is not available through this agency’s contract program.  The equipment is currently available through the Buy Board cooperative contract program.

 

Motion to approve.

 

 

 

Moved:  Cm.  Garcia

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

58.  Consideration to award annual contract FY06-059 to the low bidder, Cantu Electric,

Inc., Laredo, Texas, in the base annual amount of $47,730.00 for the maintenance of the illumination systems along IH 35, Loop 20, Milo I, Milo II and FM 1472 for a term of one year.  The contract vendor will be required to maintain, repair, and/or replace the various appurtenances related to the existing roadway assemblies.  The bid pricing is 39% higher from last year due to the addition of Milo II and high mast luminaries along IH 35.  Funding is available in the Traffic Safety Department budget.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

59.  Consideration to award annual services contract number FY06-055 to the sole bidder,

Cantu Electric, Inc., Laredo, Texas, in an amount not to exceed $400,000.00 for the furnishing of materials, machinery, equipment, labor, and all other services necessary for the maintenance of street lights (not maintained by AEP-CPL) and traffic light/signal lights and for installation, construction, and underground work, for new and/or upgraded traffic signals and for the installation and maintenance of street lights.  This contract also contains provisions for the City departmental electrical services projects and repairs.  Funding is available in the Traffic Safety budget.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

60.  Refund of property tax in the amount of $3,916.07 to the following taxpayers and

       companies:

1.  A refund in the amount of $905.10 payable to Manwani’s Enterprise Inc. due to

     an overpayment.  Account # 102-00079-040.

2.  A refund in the amount of $557.44 payable to U.S. Department of Housing &

     Urban Development due to an overpayment.  Account # 938-60002-110-000010-

     037039.

3.  A refund in the amount of $1,593.26 payable to M & T Mortgage due to an

     erroneous payment.  Account # 947-40001-015.

4.  A refund in the amount of $860.27 payable to Aurora Loan Services due to an

     erroneous payment.  Account # 927-10005-160.

 

Motion to approve.

 

 

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

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

of February 2006 represents a decrease of $19,844.05.  These adjustments are determined by Webb County Appraisal District and by court orders.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

62.  Consideration for approval to award a professional services contract to provide a

comprehensive water distribution system audit for the City of Laredo Utilities Department to JBS Associates from Houston, Texas for an amount of $88,000.00.  Funding is available in the Water Construction Fund. 

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

63.  Ratifying the City Manager’s authorization to use backhoe rental services provided by

Holt Company of Texas, in August, 2005, and to pay the amount of $24,597.58 for said services.  Funding is available in the Utilities Department - Water and Wastewater Operations.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

64.  Ratifying the City Manager’s emergency authorization of repair work performed by     

Ellis and Ellis, Inc. on a 20” water main located at Jefferson St. and San Dario Ave., and authorizing payment in the amount of $62,400.00.  Funding is available in the Water Construction Fund.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

 

 

XII.     STAFF REPORTS

 

65.  A.  Staff report regarding the impact of various revenues on the Laredo Entertainment

             Center facility and operation.

 

Larry Dovalina, City Manager, said that staff has been meeting with employees  

from the Laredo Entertainment Center facility and they have indicated that their revenue projections have developed a deficit position on a yearly basis; therefore, they have implemented a parking fee structure to reach a balanced position.    

 

Mayor Flores explained that the Arena Ventures used 65% of the drop count in the

2004-2005 season to project estimated revenues with 10% going to the City of Laredo for renewal and replacement accounts.  Arena staff has listed the events, drop count, vehicles, and the fee projection in the total to cover those revenues. 

 

Larry Dovalina, City Manager, continued to explain that they made projections from last years events.   

 

Jalinna Jones, General Manager of the Arena, stated that the arena does not need

the permission of the City of Laredo to implement the parking fees which will take

effect on April 1, 2006

 

Cm.  Galo said that the City of Laredo went into the contract with SMG knowing

that there would be operating losses for a period of time.  He authorized city staff to work with SMG personnel regarding their losses and whether the City should wish to partnership with them and make sure that the arena is used to the fullest potential.  The mass majority of Laredoans cannot afford to go out of town to see these venues and many cannot afford the $8 parking fee.  If SMG is going to have the seek ways to balance their budget through parking, which will be an added tax to patrons, the city should address some of the issues that we have in the contract to clear up the parking fee.  He encouraged SMG and City Staff to review the contract, have earnest discussions, and return back to City Council with recommendations on how the City can assist.

 

Larry Dovalina, City Manager, advised that he had done some preliminary

investigations as to what could or could not be done regarding the arena contract.   He has reviewed the contract with Pete Tart to make sure that the interpretation is accurate.  Before he came to Council he made sure that he understood what the perimeters and boundaries were for and what the monies could be used for.  During the discussion with Pete Tart, he discussed the possibility of Arena Ventures themselves, who could walk away with a contract with SMG, to operate the facility and how that can be explored.  He added that staff will bring back a recommendation to Council.

 

B.  Discussion with possible action to consider Police Officer Omar H. Moreno, Jr.’s

first (1st) 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 Department, said that Officer Moreno was injured on May of 2004.  He returned to work with modified duties but took off of work on April 20, 2005.  He has recently had surgery on March 7, 2006 and is in the recovery stage.  He should be able to return to modified duty in 90 days.  He completed his 260 work day leave on April 16, 2006 and is requesting a 90 day extension.  Staff is recommending 90 and extension of 90 working days.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                                               Against:  0                                Abstain:  0

 

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

(2nd) 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 that Firefighter Tice was injured on May 15, 2004.  He received leave with pay.  City Council extended his injury leave for 60 days in August 2005.  He is currently on leave without pay; however, the staff is concerned about his recovery because they have been unable to contact him. 

 

Chief said that the firefighter has worked for the fire department for the past five years noting that two years were injury leave.  He has exhausted all of his leave and modified leave.  He took a functional capacity test in which he passed but he continues to say that he is unable to perform his duties.  He recommended leave without pay.  Staff has been unable to contact the firefighter.

 

Motion to postpone and advise the firefighter to attend the next City Council meeting.

 

Moved:  Cm.  Rendon

Second:  Cm.  Amaya

For:     8                                               Against:  0                                Abstain:  0

 

XIII.    GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS

 

66.  A.  Request by Mayor Elizabeth G. Flores

 

1.  Discussion with possible action on establishing a permanent facility for an EMS training

     classroom and staff as required by state law in a centralized area.

 

Chief Sosa explained that staff is working to establish an EMS program by revamping the entire program while they search for a location  to administer EMS training.  Staff has been in contact with the Laredo Community College staff regarding office and classroom space but they have not responded.  The second alternative for space is use of the Training Center in which staff has set up two classrooms.  Staff has also included an administrative building in the capital improvement building which would include office and classroom space for this particular item.  He went to on say that the location for the administrative building would be on Bartlett and Stewart which is a centralized location for everyone.  The cost of the administrative building is from $6 to $8 million dollars.

 

The Mayor asked Chief Sosa if there was a city structure that could be modeled quickly to facilitate a class room while working on the administration building.  She also inquired if other entities use the training facility.   

 

Chief Sosa said that staff does invite others entities for EMS training: ex. Border Patrol.  He advised that the department does not have funds to rent a structure so the best place to hold class room training is at the training facility.  He proceeded to say that staff has been in touch with TEAKS who wants to start a paramedic program in Laredo.   The training center is starting to have a positive impact while staff continues to search for different options.

 

Mayor Flores asked the Chief how short the CIP budget is for the administration building.  She explained that the state has expressed the importance of constructing the building in a centralized location noting that the Bartlett location would be ideal.   She stated that Council needs to know what the projects are for the centralize location.

 

Chief Sosa advised that the projected CIP Budget for the Administration Building is $9,988,000 noting that the project is $4,000,000 short with $5,000,000 in the CIP.  The increase is due to the increase footage for the EMS staff including the Chief, Coordinator, and training staff.  He added that the department can still use the Training Center with the condition that portables be installed for personnel.

 

Larry Dovalina, City Manager, said that the department can use a prevalent location for a short term solution of finding a classroom setting that is suitable for teaching.  In the long term basis, staff must consider weather or not they would incorporate the classrooms at the administration building or to construct as an add on to the training center.  He further mentioned that all of the City Council has voted in favor of a five year CO. 

 

Dr.  Dennis Cantu, Medical Director of the Laredo Fire Department, said that similar to the City of Laredo the Fire Department has grown by leaps and bounds.  He informed the community that the firefighters/EMS receive an astounding 20,000 calls a year.  Over the past 16 months certain issues within the training area have been under scrutiny by the Texas Department of Health.  In spite of this, he has been working with the City staff to get all of the issue resolved.  He advised that all of the issues that were brought up 16 months ago to administration have been resolved except for one which is that the EMS is in need of a dedicated EMS training center. 

 

Larry Dovalina, City Manager, explained that whatever came about regarding this item is because of the failure secure a commitment with LCC because the permanent facility had been done at LCC previously.  The Chief has an EMS Class that is going to be working for the next six months and will be using the Training Facility which has classroom space.  In teaching a class at the training facility it limits the capability to be able to train other individuals.  He added that a short term solution would be to place the portables at the training facility which would allow additional space.   He asked Council to allow him more time to present several options back to Council regarding the EMS Training Facility. 

 

Cm.  Garcia asked the City Manager to indicate the funding and time needed for Phase I, Phase II, and Phase III for the EMS Training Facility. 

 

Larry Dovalina, City Manager, reiterated that the solution involves a short term and a long term in which Council will need to choose options in the future.        

 

                   B.  Request by Council Member John C. Galo

1.  Update on the El Portal project, with possible action.

 

Larry Dovalina, City Manager, advised that staff sent Council an update in the Friday  

packet.  He mentioned that several staff member are in attendance at a seminar in Yuma, Arizona

 

Cm.  Galo said that the Khaledi brothers have contacted him to with several concerns.  They said that there was a meeting in which decisions were made and they did not attend because they were not aware of the meeting.

 

Larry Dovalina, City Manager, pointed out that the meeting was held with the Downtown Committee who instructed staff to draft a letter indicating that they wanted to see a finalized contract.  The letter did state a specific time line and it indicated that if the time line was not there that they would want to bring the item to Council as part of a Committee action. 

 

Cm.  Galo advised that the Khaledi brothers were not in town to defend themselves.  He expressed his concern for the El Portal construction.  He added that he has had issues about this project dealing with the overall liability for the future.  He said that they have discussed the service elevator and other issues that have been brought up and this again was after the fact.  He stressed that his job is to protect the liability of this project for twenty years down the road in which the Khaledi’s may or may not be involved at that time.  The El Portal is going to be a source of revenue for the City of Laredo and if Council does not take care of issues now it will never be right.  He went on to address a concern about a wall that is going to be build on Convent. 

 

Larry Dovalina, City Manager, replied that he does not understand the issue addressing “a wall”.   He added that there was a screen constructed of block, that is perforated, to screen off the customs process.   The screen wall delineates the custom property from our property on the street.

 

Cm.  Galo addressed another concern in which the Khaledi’s ask Mr.  Garcia for information and he does not provide the information. 

 

Cm.  Garcia advised that staff have provided the information to the Khaledi brothers. 

 

Larry Dovalina, City Manager, said that if there is an issue of concern the Khaledi brother should contact him at this office so he can resolve it. 

 

Cm.  Belmares said that requestors should put their request in writing so it can have a paper trail.

 

Frank Rotnofsky, Frank Architects, said that he has provided the Khaledi brothers with the information by means of digital formatting.  He added that some of the information that they asked for they does not exist so it was not given to them. 

 

Cm.  Garcia stressed the importance of going forward with the project because it is vital for the downtown area. 

 

Cm.  Galo said that he wanted to make sure it is a viable project for the future.  The deficiencies that staff have encountered with the El Portal Project needs to be taken care of.   He said that the City needs to move forward with acquiring property.   

 

Larry Dovalina, City Manager, said that there is an item being placed on a future agenda that is requesting the purchase of additional properties for the El Portal Project.  Staff has also filed a court on the eminent domain case that is immediately adjacent to the project.  Staff has also identified the owners of the other property that was discussed. 

 

Cm.  Galo asked if staff has identified the changes that have been suggested from the Downtown Committee. 

 

Mr.  Dovalina said that staff has included information to the Council Committee.  He mentioned that the freight elevator was approved in the existing contract.   He reminded Cm.  Galo that they had discussed the drop off area from the west side to the east side and they also discussed the property acquisition to the north east corner of the intersection of Salinas and Zaragoza.      

 

Cm.  Galo said that the building was not tailored for vehicular traffic which means that we are loosing out. 

 

2.  Update on overall thoroughfare plan for the City of Laredo, with possible action.

 

Cm.  Galo said that one of the major issues that are confronting the city of Laredo is the traffic issues. 

 

Keith Selman, City Planner, said City staff is under the process of reviewing the thoroughfare plan which he feels has several deficiencies in terms of corridors that have not yet been built.  He noted that there are certain segments that have not been constructed that will create some problems.  He acknowledged that the current Council has taken progressive action to get some of the roadway session in such as Ejido which is the parallel to Hwy 83.   One of the reasons that city staff must do the thoroughfare amendments is because the City has grown has received master plans outside of the current indicated thoroughfare plan.  He pointed out several sections on the current plan where master plans have been submitted and where problems will occur with the current plan.

 

Mayor Flores asked the City Planner to discuss the funding for the thoroughfare plan.

 

Keith Selman, City Planner, said there are basically two ways in which corridors and principal corridors are built in the City of Laredo.  One is through the development process that builds roadways in segments and pieces.   

 

Cm.  Galo asked if Council needs to address the thoroughfare plan to say that we need to get greater right of ways for the future so that road can be planned.  He admitted that money is always going to be a problem and so is signalization.  ex:  McPherson.  He said there are so many issues to deal with. 

 

Mr. Selman addressed many of the concerns including Cuatro Vientos.  He said that Council may want to review some enticements or an “out of the box” mechanism to have the development process to construct the roadways faster perhaps through some type of incentive.  Staff could end this amendment process and look at new types of sessions to work with.  Staff has seen, in other communities, where they have off system roadways but that will require right of way in access of what we currently request in the development process.  Once you start adding more sections to it the arterial will jump and there will be additional consumption of right of ways. 

 

3.  Discussion concerning the obstruction of sidewalks by mail boxes or vehicles, with

     possible action.

 

Cm.  Galo expressed his dissatisfaction with newly constructed homes where homeowners are obstructing sidewalks by mail boxes and vehicles.

 

Keith Selman, City Planner, advised that staff is going to contact the home owners and building constructors to make them aware that it is a problem when the sidewalk is obstructed.  In some cases, it is the builders fault but most of the time it is the owners fault. 

 

Cm.  Belmares said that he has advocated for the company that he represents to not build their sidewalks on the back of the curb.  They have a 3’ strip where they put the mailbox and then they place a four foot sidewalk on the opposite side. 

 

Keith Selman pointed out that the sidewalk ordinance was approved in the mid 90’s.  The overwhelming call for the Council was to build the sidewalk to the curb because of the maintenance.  There have been cases where the Planning and Zoning Commission approved of an alternative pedestrial circulation plan which means that someone can do something other than a four foot or a six foot.

 

Cm.  Agredano said that the post office actually prefers for a subdivision to use cluster boxes for the residents. 

 

Cm.  Galo went on to say how frustrated he is with individuals who block or park on sidewalks ,especially around the schools.   He also brought up the issue of certain sidewalks that have been recently constructed by the City that will cause problems down the road such as ADA compliance and utility poles. 

 

The City Manager explained that the ADA law suits were brought against the City for downtown sidewalks that were constructed over thirty years ago. 

 

The City Engineer explained that some sidewalks are constructed by the home owner and they do not comply with the regulations. 

 

Mayor Flores asked staff to take all of the discussion into consideration and bring it back with recommendations where they can proceed by notifying developers, contractors, and home owners that obstructing the right of way is against the law. 

 

                   C.  Request by Council Member Johnny Amaya

1.  Discussion with possible action regarding the installation of traffic calming devices from

     Saunders to Lyon along Tilden Avenue.

 

Roberto Murillo, Traffic Director, advised that staff has conducted a speed hump study and the number shows that it does qualify for the installation of a traffic calming devices.  However, the only concern is that the traffic volumes in that section.  The Speed Hump Policy limits the number of vehicles on a road and this particular section has over 4,000 vehicles traveling.  If staff installs the humps it will need to be directly in front of the school.  He added that the route cannot be a primary residency route for emergency vehicles.  

 

2.  Status report regarding the installation of speed humps and other traffic calming devices

     around Milton Elementary School, with possible action.

 

Roberto Murillo, Traffic Director, said that he will proceed with the process to install speed humps around Milton Elementary School.  

 

                D. Request by Council Member Johnny Rendon

 

1.  Discussion with possible action regarding the installation of speed humps on Cypress

     Drive between Hillside Road and Alta Vista Drive.

 

Roberto Murillo, Traffic Director, said that the cost of installing speed humps on Cypress Drive between Hillside Road and Alta Vista Drive will be $6,000. 

 

Motion to install speed humps on Cypress Drive between Hillside Road and Alta Vista Drive with the discretionary funds of District V.

 

Moved:  Cm.  Rendon

Second:  Cm.  Agrredano

For:     8                                          Against:  0                                            Abstain:  0

 

Cm.  Amaya left the meeting at 10:13 p.m.

 

                E.  Request by Council Member Gene Belmares

 

1.  Discussion with possible action amending the Ordinance to decrease the separation

requirement for amusement redemption machine establishment from residential districts and uses.

 

Keith Selman, City Planner, advised that staff has already round tabled this item at the staff level and they are prepared to bring the item back to Council through the Commission in two months. 

 

                F. Request by Mayor Pro-Tempore Juan Ramirez

 

1.  Discussion with possible action regarding the use of voting machines for the City

     Elections.

 

Larry Dovalina, City Manager, mentioned that he has met with Oscar Villarreal, Webb County Elections Administrator, and was assured that the optical scanning machines would be available for the City elections.  Oscar Villarreal added that the law required him to have the ADA machines accessible for the elections.  He said that the election is a joint election with the two school districts and the college and in order for the City to ask for changes they need the approval from the other entities. 

 

            2.  Discussion with possible action on creating an access road to 101 E. Laredo St.

 

Cm.  Ramirez expressed concern for an elderly woman who cannot access her home because it is not paved and there is a post in the way. 

 

Larry Dovalina, City Manager, said the property, in that area, was purchased when the City relocated families from the Zacate Creek.  He noted that people built houses in the back of their lots and now that the City is going back in and developing the park land these people no longer have access to the back.

 

Rogelio Rivera, City Engineer, said that her house is a platted right of way. He noted that the lady constructed her house on the back side of a lot.  He added that it is just a matter of moving the post where the lady can access her home.

 

Miguel Pescador, Parks & Recreation Director, said that a chain was installed to keep vehicles from entering into the park area during off hours.

 

Cm.  Ramirez requested for staff to allow the lady to have access to her home.    

 

3.  Discussion with possible action regarding the installation of street lights for illumination

     at the following locations:

 

1. 2500 block of Convent

2. 2500 block of San Agustin

3. 1000 block of Main

4. 1800 block of Hidalgo

5. 1900 block of Matamoros

6. 1600 & 1700 blocks of Scott

7. 1000 block of Jefferson

 

Roberto Murillo, Traffic Director, said that he visited each location listed above and every intersection has a street light.  He informed the Council Member that a traffic light is installed every 300 feet according to ordinance.  He advised that the City pays over $10 million dollars in electricity for street lights.  He said that most of the traffic lights were 16,000 lumen which is the one that is used for residential areas and a few of them were already 27,500 lumen. 

 

Mayor Flores asked the Traffic Director to trim the trees in the areas where they are blocking the light causing darkness in the neighborhood.  But he said that he would go back and see if a mid block street light needs to be installed.  

 

XIV.    EXECUTIVE SESSION

 

The City Council hereby reserves the right to go into executive session at any time during this public meeting, if such is requested by the City Attorney or other legal counsel for the City, pursuant to his or her duty under Section 551.071(2) of the Government Code, to consult privately with his or her client on an item on the agenda, or on a matter arising out of such item.

 

XV.      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.  Ramirez

For:     7                                               Against:  0                                            Abstain:  0

                       

67.  2006-RT-001  Authorizing the City of Laredo to file an application with the

Department of Transportation, Federal Transit Administration, United States of America, in the amount of $3,778,375.00 for Fiscal Year 2005 – 2006, and authorizing the City Manager to execute all related documents.

 

Motion to approve 2006-RT-001.

 

Moved:  Cm.  Galo

Second:  Cm.  Ramirez

For:     8                             Against:  0                                Abstain:  0 

     

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

 

            Motion to adjourn.

 

            Moved:  Cm.  Galo

            Second:  Cm.  Ramirez

            For:     7                                               Against:  0                                            Abstain:  0

 

            Cm.  Amaya was not present. 

 

XVII.   ADJOURNMENT

 

CITY OF LAREDO

CITY COUNCIL MEETING

A-2006-S-06

SUPPLEMENTAL AGENDA

 

 

I.                   APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES

 

1.      Appointment by Council Member Johnny Amaya of Sylvia Laurel to the Laredo Commission for Women.

 

Motion to approve.

 

Moved:  Cm.  Amaya

Second:  Cm.  Ramirez

For:     8                                      Against:  0                                Abstain:  0

 

II.                PUBLIC HEARINGS

 

1.      Public hearing and introductory ordinance amending Chapter 28, (Streets,

Sidewalks and Public Places) of the Code of Ordinances by amending Article V, (Commercial Use of Streets, Sidewalks and other Public Places), as follows:  Deleting section 28-100 (c); section 28-101 to allow for vendors to contract within the city; section 28-104 by adding a requirement for an official street vendor picture identification and a fee of $20.00 for street vendor picture id’s; permits per vending area; authorizing a fee of $200.00 for issuance or renewal of a street vending permit; section 106 by enabling approved carts to be used outside the central business district; section 28-108 by requiring vendor to provide the City with a complete criminal background record; section 28-110 providing for a penalty; providing for injunctive relief and severability; authorizing a penalty for violation of this ordinance; and amending the City of Laredo Fiscal Year 2005 – 2006 annual budget by appropriating revenues and expenditures in the amount of $13,420.00 in additional funds from the fees related to identification cards and providing for effective date and for publication.  (Sponsored by Council Members John C. Galo and Hector Garcia)

 

Motion to open the public hearing.

 

Moved:  Cm  Galo

Second:  Cm.  Agredano

For:     7                                      Against:  0                                            Abstain:  0

 

Hector Gonzalez, Health Director, said that the $200 fee for street vendor is for the business itself.  He noted that this ordinance has not been amended since 1989; therefore, it needed an upgrade enhancement.  He said that each cart need to pay the fee of $200 and obtain a proper id. 

 

Motion to close the public hearing and introduce by reducing the authorization form from $200 to $200 and striking the area in front of the El Portal as an added for the stationary vendor. 

 

Moved:  Cm. Galo

Second:  Cm.  Belmares

For:     7                                      Against:  0                                            Abstain:  0

 

Cm.  Amaya was not present.

 

Ordinance Introduction:  City Council

 

III.             GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS

 

1.           Request by Council Member John C. Galo

 

A.                 Discussion with possible action regarding the operating agreement for the Laredo Entertainment Center as it relates to the parking fees and revenue.  (Co-sponsored by Council Member Hector Garcia.)

 

This item was discussed under Staff Reports. 

 

I.            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.

 

II.         ADJOURNMENT

 

Motion to adjourn.                                                                                Time:  10:44 p.m.

 

Moved:Cm.  Garcia

Second:  Cm.  Agredano

For:     7                                              Against:  0                                            Abstain:  0