CITY OF LAREDO
CITY COUNCIL MEETING
CITY COUNCIL CHAMBERS
1110 HOUSTON STREET
LAREDO, TEXAS
5:30 P.M.
MINUTES
M97-R-25 AUGUST 4, 1997
I. CALL TO ORDER
With a quorum present Mayor Saul N. Ramirez, Jr., called the
meeting to order.
II. PLEDGE OF ALLEGIANCE
Mayor Saul N. Ramirez, Jr. led in the Pledge of Allegiance.
III. ROLL CALL
IN ATTENDANCE:
SAUL N. RAMIREZ, JR., MAYOR
JOSE R. PEREZ, COUNCILMEMBER, DISTRICT I
LOUIS H. BRUNI, " , DISTRICT II
ALFONSO I. "PONCHO" CASSO, " , DISTRICT III
CECILIA MAY MORENO, " , DISTRICT IV
ELISEO VALDEZ, " , DISTRICT V
JOE A. GUERRA, " , DISTRICT VI
MARIO G. ALVARADO, " , DISTRICT VII
CONSUELO MONTALVO, " , DISTRICT VIII
GUSTAVO GUEVARA, JR., CITY SECRETARY
FLORENCIO PENA, CITY MANAGER
JAIME L. FLORES, CITY ATTORNEY
IV. INTRODUCTORY ORDINANCES
2. Amending Section 2 of Ordinance No. 90-O-101, to clarify and
set forth the voting powers of the Mayor Pro Tem of the
City of Laredo, and for other purposes.
Ordinance Introduction: City Council
3. Authorizing the City Manager to execute a lease with Border
Maintenance Service, Inc., for approximately 2,304 square
feet constituting Building #1421 located at 1817 Pappas
Street at the Laredo International Airport. Lease premises
are used for office space and a maintenance service
workshop.
1. Lease term is for one (1) year commencing July 1, 1997
and ending June 30, 1998.
2. Monthly rent shall be $550.00. Previous monthly rent was
$500.00.
Ordinance Introduction: City Council
4. Authorizing the City Manager to execute a lease with Loomis,
Fargo & Co., for approximately 1,380 square feet
constituting Building #S-3 located at 1703 Sandman Street.
Lease premises are used for armored car security services.
1. Lease term is for one (1) year commencing July 1, 1997
and ending June 30, 1998 and may be extended for one (1)
year ending June 30, 1999.
2. Monthly rent shall be $1,104.00 and will be adjusted
annually during the primary and extension term of this
lease according to changes in the Consumer Price Index.
Previous monthly rent was $992.41.
Ordinance Introduction: City Council
5. Authorizing the City Manager to execute a lease with Bowden
Medical, Inc., for approximately 3,588 square feet
constituting Building #1432, #1438 and #1439. Building #1432
is located at 1803 Pappas Street, and Building #1438 & #1439
are located at 1719 Pappas Street at the Laredo
International Airport. Lease premises are used to store
medical equipment and supplies.
1. Lease term is for one (1) year commencing May 1, 1997 and
ending April 30, 1998.
2. Monthly rent shall be $630.00. Previous monthly rent was
$600.00.
Ordinance Introduction: City Council
6. Amending the provisions o the City of Laredo's Code of
Ordinances Chapter 2, Article II, Sec. 2-16, which sets
forth the Departments of the City; and 2017 which sets forth
the division in each department; thereby deleting the
Educational and Recreational Services Department and the
Developmental Services Department and adding four
departments being the Parks and Recreation Department, the
Building Inspections Department, the Library Department, and
the Convention and Visitors' Bureau; and modifying the
divisions within the applicable Departments; providing for
publication and providing for effective date.
Ordinance Introduction: City Council
7. Authorizing the execution of an interim loan agreement
between the City of Laredo and NBC Bank -Laredo, N.A., in
the amount of $1,350,000.00, payable from surplus revenues
of the City's International Toll Bridge System, and other
matters related to this subject.
Ordinance Introduction: City Council
V. FINAL READINGS
Motion to waive the final reading of Ordinance(s) #97-O-161,
#97-O-162, #97-O-163, #97-O-164, #97-O-165, #97-O-166,
#97-O-167, #97-O-168, #97-O-169, #97-O-170, #97-O-171,
#97-O-172, #97-O-173, #97-O-174, #97-O-175, #97-O-176,
#97-O-177, and #97-O-178.
Moved : Cm. Perez
Second: Cm. Alvarado
For: 7 Against: 0 Abstain: 0
(Cw. Moreno was not present)
8. 97-O-161 Closing as a public easement that section of South
Jarvis Avenue between Cleveland and Blaine Streets,
also known as the 700 block of South Jarvis Avenue,
and providing for an effective date.
(City Council)
Motion to approve Ordinance #97-O-161.
Moved : Cm. Perez
Second: Cw. Montalvo
For: 7 Against: 0 Abstain: 0
9. 97-O-162 Closing as a public easement a 3,502.12 square foot
tract of land more or less out of the northeast
quarter of the 1800 block of Palo Blanco Street
between Tapeyste Avenue and the east right-of-way
line of Highway 83, situated in the Eastern
Division, City of Laredo, Webb County, Texas, being
more particularly described in "Exhibit A", and
providing for an effective date. (City Council)
Motion to approve Ordinance #97-O-162.
Moved : Cm. Perez
Second: Cw. Montalvo
For: 7 Against: 0 Abstain: 0
10. 97-O-163 Amending Ordinance No. 97-O-108, approved on May
27, 1997, to correct the block number of a property
erroneously identified as Lot 4-A, Block 1980,
Eastern Division to hereby correct to read Lot 4-A,
Block 1918, Eastern Division, providing for
publication and effective date. (City Council)
Motion to approve Ordinance #97-O-163.
Moved : Cm. Perez
Second: Cw. Montalvo
For: 7 Against: 0 Abstain: 0
11. 97-O-164 Amending Ordinance No. 96-O-075, thereby correcting
the named lessee from "International Customs
Services, Inc.", to "Rafael Quiroz, Jr., D/B/A
International Customs Services" thereby clearing
the City Manager's authority to have signed the
lease dated June 3, 1996, with Rafael Quiroz, Jr.,
D/B/A International Customs Services.
(City Council)
Motion to approve Ordinance #97-O-164.
Moved : Cm. Perez
Second: Cw. Montalvo
For: 7 Against: 0 Abstain: 0
12. 97-O-165 Authorizing the City Manager to execute a
subordination, Non-disturbance, and Attornment
Agreement between the City of Laredo and Rafael
Quiroz, Jr., D/B/A International Customs Services
subordinating the lease agreement dated June 3,
1996, between the City of Laredo and Rafael Quiroz,
Jr., D/B/A International Customs Services,
authorized by Ordinance No. 96-O-075, which
ordinance was amended by Ordinance No.97-O-164, at
the Laredo International Airport. (City Council)
Motion to approve Ordinance #97-O-165.
Moved : Cm. Perez
Second: Cw. Montalvo
For: 7 Against: 0 Abstain: 0
13. 97-O-166 Authorizing the City Manager to execute all
necessary documents to effectively convey, to the
Laredo National Bank, title to the "Surface Only"
of a 0.44900 of an acre tract of land, more or
less, being a triangular tract and situated
immediately East of Lot 1A, Block 1173, Eastern
Division, City of Laredo, Webb County, Texas; said
tract being generally described below and more
particularly described by metes and bounds. Said
conveyance being in exchange for the "Surface Only"
of lots one (1) and two (2), Block 1190 and the
"Surface Only" of a tract of land containing 0.1181
of an acre (5,144 square feet) all in the Eastern
Division, City of Laredo, Webb County, Texas. Said
tracts being generally described below and more
particularly described by metes and bounds; and
providing for an effective date. (City Council)
Motion to approve Ordinance #97-O-166.
Moved : Cm. Perez
Second: Cw. Montalvo
For: 7 Against: 0 Abstain: 0
14. 97-O-167 Ordinance amending the Zoning Ordinance (Map) of
the City of Laredo by rezoning 27.9858 acres, as
further described by metes and bounds, located on
Ejido Avenue, south of Los Obispos Subdivision,
from R-3 (Mixed Residential District) to R-1-MH
(Single Family Manufactured Housing District);
providing for an effective date and publication.
(Jose R. Perez, Jr.)
Motion to approve Ordinance #97-O-167.
Moved : Cm. Perez
Second: Cw. Montalvo
For: 7 Against: 0 Abstain: 0
15. 97-O-168 Ordinance amending the Zoning Ordinance (Map) of
the City of Laredo by rezoning 20.0801 acres, as
further described by metes and bounds, located
southeast of the intersection of Sierra Vista
Boulevard and Ejido Avenue, from R-3 (Mixed
Residential District) to R-1-MH (Single Family
Manufactured Housing District); providing for an
effective date and publication.
(Jose R. Perez, Jr.)
Motion to approve Ordinance #97-O-168.
Moved : Cm. Perez
Second: Cw. Montalvo
For: 7 Against: 0 Abstain: 0
16. 97-O-169 Ordinance amending the Zoning Ordinance (Map) of
the City of Laredo by rezoning Lot 2, Block 1, Los
Presidentes Subdivision, Unit III, located at 3519
Pine Street from R-1 (Single Family Residential
District) to B-1 (Limited Business District);
providing for an effective date and publication.
(Jose R. Perez, Jr.)
Motion to approve Ordinance #97-O-169.
Moved : Cm. Perez
Second: Cw. Montalvo
For: 7 Against: 0 Abstain: 0
17. 97-O-170 Ordinance amending the Zoning Ordinance (Map) of
the City of Laredo by rezoning 107.74 acres, as
further described by metes and bounds, located east
of the Bob Bullock Loop and north of Lake Casa
Blanca, from AG (Agricultural District) to R-1
(Single Family Residential District); providing for
an effective date and publication. (Louis H. Bruni)
Motion to approve Ordinance #97-O-170.
Moved : Cm. Perez
Second: Cw. Montalvo
For: 7 Against: 0 Abstain: 0
18. 97-O-171 Ordinance amending the Zoning Ordinance (Map) of
the City of Laredo by rezoning 10.997 acres, as
further described by metes and bounds, located at
7100 Bob Bullock Loop, from AG (Agricultural
District) to B-3 (Community Business District);
providing for an effective date and publication.
(Louis H. Bruni)
Motion to approve Ordinance #97-O-171.
Moved : Cm. Perez
Second: Cw. Montalvo
For: 7 Against: 0 Abstain: 0
19. 97-O-172 Ordinance amending the Zoning Ordinance (Map) of
the City of Laredo by rezoning 21.849 acres, as
further described by metes and bounds, located east
of the Bob Bullock Loop and north of Casa Blanca
Lake, from AG (Agricultural District) to R-2
(Multi-Family Residential District); providing for
an effective date and publication. (Louis H. Bruni)
Motion to approve Ordinance #97-O-172.
Moved : Cm. Perez
Second: Cw. Montalvo
For: 7 Against: 0 Abstain: 0
20. 97-O-173 Ordinance amending the Zoning Ordinance (Map) of
the City of Laredo by rezoning 3.5 acres, as
further described by metes and bounds, located at
301 International Boulevard, from B-3 (Community
Business District) to B-4 (Highway Commercial
District); providing for an effective date and
publication. (Joe A. Guerra)
Motion to approve Ordinance #97-O-173.
Moved : Cm. Perez
Second: Cw. Montalvo
For: 7 Against: 0 Abstain: 0
21. 97-O-174 Ordinance amending the Zoning Ordinance (Map) of
the City of Laredo by rezoning 2 acres, as further
described by metes and bounds, located at 405 A.F.
Muller Sr., Memorial Boulevard, from M-1 (Light
Manufacturing District) to B-3 (Community Business
District); providing for an effective date and
publication. (Mario G. Alvarado)
Motion to approve Ordinance #97-O-174.
Moved : Cm. Perez
Second: Cw. Montalvo
For: 7 Against: 0 Abstain: 0
22. 97-O-175 Ordinance amending the Zoning Ordinance (Map) of
the City of Laredo by rezoning 3.409 acres out of
Porcion 19, Abstract 591, as further described by
metes and bounds, located west of F.M. 1472 across
from the old municipal airport, from M-1 (Light
Manufacturing District) to B-3 (Community Business
District); providing for an effective date and
publication. (Mario G. Alvarado)
Motion to approve Ordinance #97-O-175.
Moved : Cm. Perez
Second: Cw. Montalvo
For: 7 Against: 0 Abstain: 0
23. 97-O-176 Ordinance amending the Zoning Ordinance (Map) of
the City of Laredo by rezoning Lot 3, Block 619,
Western Division, located at 2314 Ventura Street,
from R-2 (Multi-Family Residential District) to R-3
(Mixed Residential District); providing for an
effective date and publication.
(Consuelo "Chelo" Montalvo)
Motion to approve Ordinance #97-O-176.
Moved : Cm. Perez
Second: Cw. Montalvo
For: 7 Against: 0 Abstain: 0
24. 97-O-177 Ordinance amending the Zoning Ordinance (Map) of
the City of Laredo by rezoning Lots 1 and 3, Block
169, Western Division, located at 1002 Santa Maria
Avenue, from R-O (Residential/Office District) to
B-1 (Limited Business District); providing for an
effective date and publication.
(Consuelo "Chelo" Montalvo)
Motion to approve Ordinance #97-O-177.
Moved : Cm. Perez
Second: Cw. Montalvo
For: 7 Against: 0 Abstain: 0
25. 97-O-178 Ordinance approving an amendment to the budget in
the amount of $37,691.00, for the HIV/AIDS Housing
Opportunities for Persons with AIDS (HOPWA) Project
of the City of Laredo Health Department, and
extending the contract period from July 1, 1996,
through June 30, 1997 to July 1, 1996, through
January 31, 1998; and increase revenue line item
226-0000-323-4058 from $55,996.00, to $93,687.00,
and expenditure line item 226-6040 from $55,996.00
to $93,687.00. (City Council)
Motion to approve Ordinance #97-O-178.
Moved : Cm. Perez
Second: Cw. Montalvo
For: 7 Against: 0 Abstain: 0
VI. RESOLUTIONS
26. 97-R-072 Authorizing the City Manager to accept a
supplemental grant from the Governor's Office,
Criminal Justice Division for funding of supplies
and direct operating expenses for a multi-agency
Narcotics Task Force in the amount of $28,746.00,
with the City designating $26,975.00, in matching
funds for a total of $55,721.00, and authorizing
the City Manager to sign any and all documents
pertaining to this grant application.
Motion to approve Resolution #97-R-072.
Moved : Cw. Montalvo
Second: Cm. Bruni
For: 7 Against: 0 Abstain: 0
27. 97-R-079 Authorizing the City Manager to enter into and
execute an interlocal government agreement between
the City of Laredo and the Laredo Independent
School District for the participation of the City
of Laredo Police Department in the School Resource
Officer Program, with compensation in the amount of
one hundred thirty six thousand eight hundred
eighty seven dollars and 41/100 ($136,887.41), for
the 1997-1998 school year, commencing on August 14,
1997.
Motion to approve Resolution #97-O-079.
Moved : Cm. Guerra
Second: Cw. Montalvo
For: 6 Against: 0 Abstain: 1
Cm. Perez
28. 97-R-081 Accepting a grant from the Texas Natural Resource
Conservation Commission in the amount of $49,922.00
to enhance the City of Laredo's used oil collection
and recycling program for the period from October
1, 1997 through September 30, 1998.
Motion to approve Resolution #97-R-081.
Moved : Cm. Perez
Second: Cm. Guerra
For: 7 Against: 0 Abstain: 0
29. 97-R-082 Authorizing the City Manager to accept a grant from
the Texas Department of Public Safety Division of
Emergency Management in the amount of $24,000.00,
with the City designating $6,000.00, in matching
funds for a total of $30,000.00, to conduct a
Hazard Vulnerability Analysis.
Motion to approve Resolution #97-R-082.
Moved : Cm. Perez
Second: Cm. Alvarado
For: 7 Against: 0 Abstain: 0
30. 97-R-083 Resolution whereby the City of Laredo seeks
designation as a Management Agency for Wastewater
Collection and Treatment for the Colonias on
Highway 359 and Mines Road, in accordance with the
requirements of Section 208 of the Federal Water
Pollution Control Act, as amended.
Motion to approve Resolution #97-R-083.
Moved : Cm. Perez
Second: Cm. Alvarado
For: 7 Against: 0 Abstain: 0
31. 97-R-084 Authorizing the City Manager to utilize surplus
proceeds from the City's sale of $3,660,000.00,
combination Tax and Revenue Certificates of
Obligation, Series 1997-B, not to exceed
$70,000.00, to purchase a replacement Emergency
Medical Services Unit (Ambulance) for the City's
Fire Department.
Motion to approve Resolution #97-R-084.
Moved : Cm. Perez
Second: Cm. Guerra
For: 7 Against: 0 Abstain: 0
Cw. Moreno joined the meeting at 5:45 p.m.
VII. MOTIONS
32. Approving the submission of the 1997 Consolidated Plan to
U.S. Department of Housing and Urban Development in request
for funding through the 23rd Action Year Community
Development block Grant (CDBG) in the amount of
$4,372,000.00; the 1997 HOME Investment Partnerships Program
(HOME) in the amount of $1,192,000.00; and the 1997 Emergency
Shelter Grant (ESG) in the amount of $115,000.00 and
authorizing the City Manager to execute all documents as a
result of the Plan's submission.
Motion to approve.
Moved : Cm. Perez
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
33. Approval to reject sole bid received June 30, 1997, in the
amount of $2,894,000.00, by Modern Construction, Inc. for Los
Obispos Affordable Housing Project Phase I and approval to
use the Laredo Affordable Housing Corporation a Non-Profit
Corporation for the construction of affordable housing.
Motion to approve.
Moved : Cm. Perez
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
34. Approval of bid specifications and authorization to advertise
for bids for the following:
a) ammunition - Police Department
b) jackets/windbreakers - Fire Department
c) line stopping equipment - Utilities Department
d) dozer - Public Works, Landfill
A tentative award is scheduled for Sept. 2, 1997.
Motion to approve.
Moved : Cm. Perez
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
35. Authorizing to proceed with an emergency purchase of a
replacement ambulance from reliable Emergency Vehicles,
Comanche, Texas, in the amount of $78,575.00. This ambulance
will replace a 1992 unit that was damaged beyond repair in a
vehicle collision. The City received an insurance settlement
in the amount of $20,320.00, which will be used to offset the
total purchase cost. The remaining balance will be paid from
surplus CO bond funds. Reliable Emergency Vehicles will
deliver the new unit within 120 days and will provide a
loaner ambulance at no charge to the City.
Motion to approve.
Moved : Cm. Perez
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
36. Awarding a professional service contract between the City of
Laredo and A.G. Pellegrin, M.D., to: 1) Perform drug and
alcohol testing for City of Laredo employees; and South Texas
Council on Alcohol and Drug Abuse to: 2) Provide services for
an Employee Assistance Program (EAP). City Council authorized
staff to solicit requests for proposals for drug and alcohol
testing and for the provision of an employee assistance
program (EAP) on May 19, 1997.
Motion to approve.
Moved : Cm. Perez
Second: Cm. Bruni
For: 7 Against: 0 Abstain: 1
Cm. Casso
37. Authorize the sale of the following surplus heavy equipment
to the highest bidders: TKO Equipment Co., New Braunfels,
Texas ($378,500.00), Martinez Paving Co., Inc., Laredo,
Texas, ($117,696.00), and Joe A. Santos, Laredo, Texas
($14,500.00), through sealed bids. The equipment will be
sold to the highest bidder exceeding the City's minimum
price. The proceeds from this sale will be used to purchase
a new dozer tractor for use at the City landfill. The
equipment to be sold include:
Minimum Bid Sale Price
a) 1985 Caterpillar $ 35,000.00 $ 39,999.00
b) 1985 Bros. Reclaimer $ 30,000.00 $ 32,500.00
c) 1985 Furakawa Front
End Loader $ 10,000.00 $ 18,199.00
d) 1989 Case Front
Loader $ 15,000.00 $ 24,199.00
e) 1988 Caterpillar
Backhoe/Loader $ 10,000.00 $ 14,500.00
f) 1991 Caterpillar
Scraper $150,000.00 $163,500.00
g) 1991 Caterpillar
Compactor $ 30,000.00 $ 35,299.00
h) 1993 Caterpillar
Bulldozer Tractor $140,000.00 $182,500.00
$420,000.00 $510,696.00
Motion to approve.
Moved : Cm. Perez
Second: Cm. Valdez
For: 8 Against: 0 Abstain: 0
38. Award of contract to the LOW BIDDER, Gateway Uniform Service,
Laredo, Texas in the estimated amount of $100,197.99, for the
purchase of uniforms for the Police, Fire, and Bridge
department personnel. Full service contracts, which include
alteration services, will be awarded to the low bidder. The
City has included delivery deadlines in the contract
documents requiring that the clothing be delivered within
forty five days after receipt of order. The overall contract
pricing is 3% less than the previous year. A total of four
bids were received. Funding is available in Police
Department Uniforms, Fire Department Uniforms, and Bridge
System Uniforms.
Motion to approve.
Moved : Cm. Perez
Second: Cm. Valdez
For: 8 Against: 0 Abstain: 0
39. Award of contract to the LOW BIDDER, Printers Unlimited,
Corpus Christi, Texas, in the amount of $26,855.00, for the
printing of a tour operator guide and a general brochure for
the Convention and Visitors Bureau. Approximately 60,000
brochures will be printed in English and 30,000 will be
printed in Spanish. A total of four bids were received for
these printing services contract. Funding is available in
Convention and Visitors Bureau - Printing Services, Brochure.
Motion to approve.
Moved : Cm. Perez
Second: Cm. Valdez
For: 8 Against: 0 Abstain: 0
40. Award of contract to the LOW BIDDER, Mary's Boots, McAllen,
Texas, in the base amount of $17,200.00, for the purchase of
footwear for maintenance personnel. Contract pricing has been
secured for the two most common boot styles requested for
city maintenance personnel. A total of five bids were
received for this purchase. Funding is available from the
particular department's budget. The bid pricing is
approximately 8% less than the previous contract period.
Motion to approve.
Moved : Cm. Perez
Second: Cm. Alvarado
For: 8 Against: 0 Abstain: 0
41. Award of an engineering contract to Foster Engineering
Company, Laredo, Texas, for an amount not to exceed
$32,040.00 for the preparation of an engineering report with
cost estimates for both construction and design, and provide
surveys, design and the preparation of plans and
specifications for the required utilities relocation and/or
adjustments in conjunction with the Texas Department of
Transportation (TxDOT) proposed widening of U.S. Highway 59
between San Dario and Ejido. Funding is available in the
Utility Relocation - TxDOT Account. Contract time is 30 days
after issuance of a notice to proceed.
Motion to approve.
Moved : Cm. Perez
Second: Cm. Alvarado
For: 7 Against: 0 Abstain: 1
Cm. Guerra
42. Award of a contract to Danny R. Anderson Consultants, Inc.,
Laredo, Texas, for an amount not to exceed $36,615.00 to
provide Laboratory, Sampling and Testing Services of
materials for quality control for the Santa Maria Avenue
Drainage Improvements between Markley Lane to Del Mar Blvd.
Funding is available in the Drainage Improvements -Santa
Maria Drainage Improvements.
Motion to approve.
Moved : Cm. Perez
Second: Cm. Alvarado
For: 8 Against: 0 Abstain: 0
43. Approval of a change order no. 2, a decrease of $3,122.00 for
the balance of quantities actually constructed in place, and
acceptance of the Pace Street Drainage Extension and the
Ligarde/Barrios Drainage Project and approval of final
payment in the amount of $86,494.00 to Ramex Construction
Company, Inc., Houston, Texas. The original construction
contract was $152,315.00 and this change order brings the
total contract amount to $149,818.00. Funding is available in
the Drainage Fund - Pace/Ligarde/Barrios Drainage Project.
Motion to approve.
Moved : Cm. Perez
Second: Cm. Alvarado
For: 8 Against: 0 Abstain: 0
44. Approval of a change order no. 2, an increase of $90,000.00
for additional paving, drainage, and utility improvements
along Cortez Street between Ejido Avenue and Espa¤a Drive
South to the Street Paving Assessment Project 50 (41 Blocks)
being constructed by the City's Department of Public Works
and the Utilities Department. Funding is available in Street
Paving Assessment Project 50. Initial contract amount was
for $1,469,296.98. This change order brings the total
contract amount to $1,587,356.98.
Motion to approve.
Moved : Cm. Perez
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
45. Approval of amendment no. 1, for an amount not to exceed
$600,000.00 to the engineering contact with Structural
Engineering Company (SEA), San Antonio, Texas, for the Laredo
Northwest International Bridge (Fourth Bridge). The current
contract of field surveys for the bridgehead area is
$70,450.00. This amendment no. 1 will provide for the
professional services required to perform the Bridge design,
the Border Station Masterplan, and the architectural design
of the temporary Federal Facilities. Funding is available in
the Bridge System Architectural Fees Account. This amendment
brings the contract amount to $670,450.00.
Motion to approve.
Moved : Cm. Perez
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
Motion to waive the regular order of business and move up
items X-A(2), #51, and #55.
Moved : Cm. Perez
Second: Cm. Guerra
For: 8 Against: 0 Abstain: 0
VIII. CITY MANAGER'S REPORT
46. Presentation regarding the status of the progress of the
Santa Isabel Water Well Project, with possible action.
Preliminary results show an improvement in the water quality
samples taken on July 24, 1997.
Fernando Roman, Utilities Director, gave the following
report to Council:
1992 - sold $500,000 bonds
1993 - well construction $125,000
Oct. 1994 - tank & booster station 248,000
Apr. 1996 - reverse osmosis plant 650,000
Sept 1996 - site enhancement 75,000
Mar. 1996 - well capacity expansion 12,000
Engineering 120,000
--------
Project total ......... $1,230,000
Technical Data:
well yield before expansion 105 gpm
well yield after expansion 150 gpm
production capacity, R.O. 88 gpm
population coverage 974
number of households 226
Construction cost comparison:
Desalinization plant ...... $11.80 /gal CON
Surface water plant ....... 3.00 /gal CON
Operation & Maintenance:
Desalinization plant ...... $ 4.00 /1,000 gal
Surface water plant ....... 0.75 /1,000 gal
Mr. Roman stated that the latest problem they have and one
that might be cleared within 90 days is that the contractor
has accumulated 141 days delay. A theft had occurred in the
plant and that the contractor's computers and software were
stolen.
Cm. Alvarado wanted a recommendation from Mr. Roman on to
either stop the project or proceed with it.
Mr. Roman replied that he recommends proceeding with the
project, because they have put in $1.2 million, the water
will be good, we could have alternative uses for it, there is
a bottling plant next door which is not in operation and they
might be potential clients, but if anything at all the least
we should do is to run the facility, run it periodically to
keep it alive and put it into operation as soon as possible.
Cm. Alvarado questioned when?
Mr. Roman stated they have given the contractor the go ahead
to test the plant, the contractor said they had stolen their
computers, they are saying it will take them 30 days to buy
them, but in his opinion it would take them 90 days.
47. Update on the status of the Colonias Facility Plan and
financial application.
Fernando Roman, Utilities Director, stated they have heard
from environmental and have a couple of issues that are
complicating the board's acceptance of the financial
application as presented.
1) The first issue had been the Ocelots Environment on the
359 area where they are going to put a sewer line. They
chose to change alignment to the other side of the tracks on
this particular creek, along this creek bed and that
apparently is going to take care of the problem, however
alignment also has to be studied.
2) The botanists have found a grass species which is known as
Johnston Frankenia in some private property on the
tanquesitos colonia. This has a complicated factor in the
sense that this is an endangered species and it could do two
things (1) delay the project for a long time or (2) cause us
to cease work at the tanquesitos area for the time being.
3) Associated with this environmental issue they have the
companion issue which is that the funding of the extended
environmental studies is outside of the scope that they
originally planned to do.
4) There is an issue of funding that in itself is complicated
because if they go to the board for extra funding then we
they will have about 60 days just to get to the point that
they say "yes" and then the time it takes (60-90 days) to do
the environmental etc. He added Commissioner Cortez was
present and suggested that maybe this issue can be discussed
and see if they can come up with the monies to pay for the
extra environmental work and on a reversible basis we would
ask the board to do that and that they we can do immediately.
They feel they are coming to the finance committee in August,
but the environmental issues have derailed and they don't
think they will get there till November.
David Juarez, from Hogan & Associates in association with
Paul Garza Engineering, stated the tract of at Tanquesitos is
approximately 40 lots that average to 2 or 3 acres in size.
This area is in the center of the project on Hwy 59 area.
Right now where they stand is that they had to move the line,
there was no way around that, the archaeological survey that
was done identified five sites that had potential historical
significance so they had do move the line in order to avoid
those sites. One thing they could do is still go through
that route, however that would require additional testing,
that would require additional funding and additional time,
anywhere from 4-6 months depending on what significance they
find out there and that might add a few more months. That is
why they chose to re-route the line to avoid those sites.
The only problem they run into is that they still need to go
out there. on the ground survey for the archeology. He
stated there are two issues the biology which addresses the
Frankenia grass and the archaeology which is the sub-surface.
Mr. Roman stated that the two sites are independent from each
other. The grass site is in private property and the
implication of that is that alter the land in anyway they
have to get a permit from the Texas Parks & Wildlife, that in
itself is in a private issue. One of the options would be to
let them see the Phase I archeology on the re-alignment of
the pipe and ask the governmental experts whether the grass
issue can be solved by other means.
Mayor Ramirez concurred with Mr. Roman's option.
Commissioner David Cortez, stated this is upsetting to the
community and Webb County residents who have been waiting for
this water. He added Mr. Johnson is holding the entire
project. He pointed they are prepared to do whatever has to
be done to speed up this project. This hurdle is not going
to stop them. Their only concern they had is that when this
application gets to Austin, they are hoping that there is
still money available? These projects are going to be
awarded on first come, first awarded, up to "x" number of
billion dollars. He said many projects will be left out, and
they don't want Webb County to be left out. There is
additional cost, Commissioner Vela and himself are prepared
to go to Commissioners' Court and seek additional funding if
needed. The only concern he has is to make sure that we are
there when the dollars are still available.
Cm. Casso stated they will work and do whatever is possible
to make this a reality.
Mayor Ramirez stated they support Mr. Roman's recommendation
by consensus concur that they proceed with the study to
accelerate that into the archaeological question.
Mr. Simon Glory of the Texas Water Development Board stated
he was glad they agreed with Mr. Roman about leaving
Tanquesitos in, that has been part of the project since the
beginning. As far as the timeline, the best alternate is to
front the money for them by mineral work to be done. That
would show that the project is moving forward, if we don't do
that then he has to take the scope of work and the cost
associated with that for this environmental survey to their
board and the earliest would be in September. After that is
approved which would put them behind a couple of months, the
best alternate is for the County to put this money up front.
He added that before they fund this money he would like to
see the scope of work and the cost associated with that
first, so that his archaeologist would agree with that, then
they could notify the county and the city to go ahead and
advance that amount.
48. Presentation by the Administrative Services Department
regarding the random drug and alcohol testing with possible
action.
Dan Migura, Administrative Services Director, reported that
they surveyed 13 cities similar in demographics and found
that of these 13 cities there are three of them that have
some kind of random program for the citywide employees.
The City of Pasadena currently has a random program that
doesn't include all employees, it is defined a safety
sensitive, they do have their police and fire included in
that. In Midland they have a program that only affects their
drivers, those driving city vehicles. In McAllen they have a
program that is geared to reasonable suspicion in that if a
department has reasonable suspicion to where that level of
activity is such that they would suspect more people, more
employees would be affected, they would implement a random
test for that department. They also looked at the sister
cities, Corpus Christi, Austin, and San Antonio. Corpus
Christi currently does not have a random test for all
employees, Austin does not have random test for all employees
as well as San Antonio. Austin is developing a program, but
they don't know what the details of their program are going
to be. Corpus has a random program for their police/fire
employees. He thinks that information is telling us that
cities and municipalities are being cautious with the issue
of privacy vs. need to know. The courts are demonstrating
that if you pursue random testing without a good reasonable
suspicion, without a good basis, they are determining that
there is a possibility that you are violating rights in the
government sector. In the private sector, employers do what
they need to do.
He added that one of the things that we can consider and the
survey data supports that, is that there is a possibility to
look at police and fire officers. He recommends that we go
slow in this arena, what they have done is implement a city-
wide alcohol testing program in February, also have provided
supervisors with reasonable suspicion training, for the most
part, talked to all employees and have them certified about
how reasonable suspicion works. They have seen that
reasonable suspicion is working, in several departments they
have found that they have had reason to suspect there is a
problem and have taken the action needed, in some cases they
have terminated employees, in the short time that the program
has been in effect they are seeing positive results on the
impact of that. If council wants to consider random testing,
on police and fire they've put preliminary figures together,
and it would cost approximately $8,400 per year with the
current rates.
He concluded by suggesting that council consider allowing
one year of reasonable suspicion addressing some of the
problem.
Mayor Ramirez recommended that we continue with the current
program and after a year under our belts, then they can come
back with any future recommendations to work with the system.
Motion to waive the rules and move up items B(2) and B(3).
Moved : Cm. Bruni
Second: Cm. Perez
For: 8 Against: 0 Abstain: 0
49. Authorization to proceed with the placement of a monument at
Veterans Field in honor of all Laredo Veterans.
Marcelino Castillo stated that there are 14 organizations
that have to do with veteran, or veteran movement, the people
have decided that they want to hold a parade, the route being
opposite to the Washington Birthday Celebration parade,
starting in St. Peters and ending in the Civic Center. The
other option is starting at St. Peter and ending at St.
Agustin Plaza. They just want to inform council that
regardless what ceremonies are planned for the installation
of the monument, on November 11th their ceremony has to be
at 11:00 a.m. so that they don't interfere with the city's
ceremony.
Mayor Ramirez stated that our ceremony will be scheduled
around their particular activities.
Motion to approve the placement of the monument, that staff
schedule a formal dedication of veterans field on November
11th to coincide with the activities that are already being
scheduled through the veterans and at the same time within
the motion that our staff be made available in those
particular ceremonies.
Moved : Cm. Valdez
Second: Cm. Alvarado
For: 8 Against: 0 Abstain: 0
50. Presentation regarding the status of traffic signal proposed
for the intersection of Guadalupe/Monterrey and requesting
City Council authorization to proceed with the placement of a
traffic signal at the intersection of New York/Loop 20. The
Texas Department of Transportation (TxDOT) denied the
placement of a traffic signal at the intersection of
Guadalupe/Monterrey as a result of the traffic volumes on
Monterrey not meeting the volume requirements set forth in
the Texas Manual of Uniform Traffic Control Devices. Staff is
therefore requesting authorization to place the signal at the
intersection of New York/Loop 20. This location has been
approved by TxDOT and is the next CDBG eligible intersection
on the list of intersections needing signals.
Florencio Pena, City Manager, stated they are asking to allow
them to transfer the money to the New York/Loop 20 project
since the Monterrey/Guadalupe Project was not eligible.
Roberto Murillo, Traffic Engineer, stated the signal was
funded this fiscal year for Guadalupe/Monterrey. They
conducted the study to determine the need for the light, they
based their justification on traffic volumes, and the volumes
were not adequate to meet the requirements. What they did
was collected as much data as possible, one of the main
concerns was a school nearby and the fire station was another
aspect for justification. They submitted the reports to
TxDot requesting their assistance, and authorizing the
installation and the first report was submitted on December
1, 1996. They came back and requested additional data,
mainly to see if we could meet one of the requirements in the
manual. They went back and collected more data (mainly
pedestrian data) and submitted the information again, they
again the indicated that they need to see the numbers and
volumes.
Cm. Casso asked if they based their decision on volume
requirements, not on safety?
Mr. Murillo stated that it did indicate school flashers,
signage prohibiting parking to protect the visibility problem
or additional enforcement in the area. He added they have
all they indicated in place and have even increased
enforcement.
Cm. Casso wants the record to show that TXDoT over-ruled
the City Council.
Cm. Valdez suggested staff look at different schools, check
for signage, street markings around school areas to make sure
they are in place before school starts.
Mr. Murillo stated they have already initiated the school
flasher maintenance program before school starts.
Motion to authorize proceed with the placement of a traffic
signal at the intersection of New York/Loop 20.
Moved : Cm. Bruni
Second: Cm. Perez
For: 8 Against: 0 Abstain: 0
51. Request for Executive Session pursuant to Section 551.072 of
the Texas Government Code to deliberate a 1926 conveyance of
real property and the city's possible ownership, value and
exchange of its mineral interest in such real property
including a 60.91 acre tract conveyed to the Sacred Heart
Children's Home (The congregation of the Servants of the
Sacred Heart of Jesus and of the Poor, a Texas Corporation).
Return to open session for further discussion and possible
action involving the city's possible ownership of certain
real property ad mineral interests in part of a 60.91 acre
tract of land purportedly conveyed to the Sacred Heart
Children's Home (The Congregation of the Servants of the
Sacred Heart of Jesus and of the Poor, a Texas Corporation).
Motion to go into Executive Session pursuant to Section
551.072 of the Texas Government Code to deliberate a 1926
conveyance of real property and the city's possible
ownership, value and exchange of its mineral interest in such
real property including a 60.91 acre tract conveyed to the
Sacred Heart Children's Home
Cm. Casso stated for the record that he does not want to go
into executive session. He wanted to state his position, the
idea of engaging in litigation against The Congregation the
Servants of the Sacred Heart of Jesus and of the Poor which
he understands is an orphanage is totally unacceptable to
him, it disgusts him, he begs council to drop the litigation
and have the orphanage have the mineral interest. He added
it is for the children of the community, and he does not want
any part of this whatsoever. He asked council support on
this position.
Cm. Bruni stated that the gas well is not generating much
energy and much revenues.
Motion to instruct staff to prepare the proper conveyance
documents, but at the same time in this conveyance make it
clear that the purpose of this property is for the service of
the neglected and orphan children of our community and that
as long that it is used for those kinds of activities to
promote a better environment for abused, neglected or orphan
children that this City Council is in concurrence with the
actual conveyance of these mineral rights and any land right
that might be in question as a result of a faulty conveyance
back in 1926.
Moved : Cm. Casso
Second: Cm. Perez
For: 8 Against: 0 Abstain: 0
52. Request for Executive Session to be conducted pursuant to
Section 551.071 of the Texas Government Code to discuss
pending or contemplated litigation regarding the
investigation of the Fleet Maintenance Division.
Jaime Flores, City Attorney, reported that there was no need
to go into executive session, there was no report to be
given.
Mayor Ramirez asked that this item be placed for the first
Monday of the following month.
IX. COMMUNICATIONS
None.
X. CITY COUNCIL DISCUSSION AND PRESENTATION
53. Requests by Mayor and City Councilmembers for discussion and
presentation.
A. Requests by Mayor Pro Tem Jose R. Perez, Jr.
1. Discussion and possible action regarding the transferring of
the "Vehicles for Hire Inspector" from the El Metro Transit
System to the Traffic Division.
Motion to look into the possibility of transferring the
inspector to the Code Department, Police Department, or
Traffic Department and what implications it may have and to
consider it at the budget hearings.
Moved : Cm. Perez
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
2. Discussion and possible action to implement additional bus
service to south Laredo (Park-n-Ride System), as well as
other areas of the City requiring additional service.
Gilbert Segovia, El Metro Manager, reported that the demands
from South Laredo are extensive and this issue will be
addressed, but presently there are an inadequate amount of
vehicles to serve the demands. They are currently receiving
15 new buses, unfortunately those are primarily replacement
vehicles, as they look at the number of vehicles required for
services out there they have a total of 33 vehicles on active
fleet. They are required 28 vehicles to provide the service
with 5 spares only which is not a good number of spares for
this system because there is always ongoing maintenance.
Cm. Perez stated that we need to look at other avenues,
and if some buses need to be leased while we have additional
buses we are going to have to do that, because are the
fastest growing city and we need to keep up with the demand.
He stated if the buses are not adequate to refurbish, then he
thinks we need to look for other avenues, and wants other
alternatives be brought back at the budget sessions.
Mr. Pena stated they can cost out what it would cost to tie
some areas particularly in South Laredo and other areas, but
he asked what studies they were referring to.
Mayor Ramirez stated that it was a demand study presented
about two years ago.
Mr. Segovia stated it was in 1994, and it did call for
expanding service in different areas, acquisition has fallen
behind schedule, the vehicles are actually one year over due.
Mayor Ramirez stated they need to come back to council during
the budget hearings, on either alternatives to do some lease,
options to expand the service, develop some park-n-ride
facilities within those areas within those areas that are
well lighted and guarded and can provide additional capacity
for service to those areas to be able to start catching up
with the demand again.
Mr. Jose Valdez pointed that they have conducted a survey on
potential passengers and documented the needs. He said the
routes are already there, the passengers and the surveys, it
is just a matter of rearranging the hours and accelerate the
process due to school starting soon.
Commissioner David Cortez was before council asking for
support on this issue.
Mr. Abrahan Rodriguez asked consideration on their
assessments and that their surveys be considered.
Motion to take action on the demands, to square all the
avenues and alternatives for those areas by budget time
hearings and come back with costs.
Moved : Cm. Valdez
Second: Cm. Perez
For: 8 Against: 0 Abstain: 0
Motion to accelerate the action for the service and to
incorporate the studies that have been prepared by LISD
and that such studies be incorporated into additional
capacity for ridership availability in those areas throughout
El Metro before the school starts.
Moved : Cm. Bruni
Second: Cm. Valdez
For: 8 Against: 0 Abstain: 0
3. Discussion and possible action regarding the status of the
South Laredo Park.
Cm. Perez stated that this is the park where they have the
old swimming pool, he wants to know how can this land be used
if it is no longer used for a park, because there is a state
law that prohibit that land park be used for other than a
park.
Motion to instruct staff to investigate if this area can be
used for something else other than a park. If there is need
for an election, then he would like to put it into an
election at election time so that it can be used for
affordable housing or any other project that council may see
fit.
Moved : Cm. Perez
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
4. Presentation by Alvaro Alvarez, taxicab permit holder #017 &
022, regarding the securing of an additional taxi cab permit
under Chapter 32, Section 32-32 Application for Additional
Taxicabs of the Code of Ordinances, with possible action.
Cm. Perez stated that the section quoted is not accurately,
individuals cannot apply individually, it would have to go
into a lottery system.
Florencio Pena, City Manager, stated that any pending permits
must be selected by lottery as per ordinance 92-O-102.
What the ordinance did, was set the number of taxi operators
to 71 which further said that for every 1,800 new residents
from May, 1992 they can add one additional new permit and
that has not been done.
Mr. Tito Tijerina stated there are presently 71 out of 75 of
which 4 permits are inactive.
Mayor Ramirez stated that currently the ordinance states that
if we are going to issue new permits, they need to go into a
lottery system, it does not speak to additional permits for
current operator.
It is at council's discretion to vote on it, if that is what
council wants to do they can.
Mr. Pena stated that what they need to do is determine the
number of taxicab permits that should be available as per
population growth and asked that staff do that by the August
18th meeting.
Motion to grant taxicab permits as requested to Alvaro
Alvarez and Manuel Raul Jimenez.
Moved : Cm. Guerra
Second: Cm. Perez
The Cm. Perez withdrew his second and the motion died for the
lack of a second.
Motion to do the permits by lottery and draw names for the 4
inactive permits and advertise for the next 30 days with the
lottery at the 31st day.
Moved : Cw. Montalvo
Second: Cm. Alvarado
For: 8 Against: 0 Abstain: 0
Florencio Pena, City Manager, stated that they will do
determine whether or not the population growth merits
additional two cabs and bring the information back to
council.
5. Discussion and possible action regarding providing a shuttle
service from Los Obispos/Santa Rita area to the Lamar, Bruni,
Vergara Boys and Girls Club on Saturday, August 9, 1997,
during the proposed immunization clinic.
Motion to approve the free shuttle service from Los Obispos/
Santa Rita area to the Lamar, Bruni, Vergara Boys and Girls
Club on Saturday, August 9, 1997 and include the park-n-ride
facility also.
Moved : Cm. Perez
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
B. Requests by Councilmember Louis H. Bruni
1. Discussion and possible action on instructing staff to
contact the U.S. Corps of Engineers to conduct a feasibility
and cost study on building a regional water retention
facility south of Del Mar Boulevard, east of McPherson and
north of Jacaman Road in order to protect the down stream
residents from increased flooding due to the development in
the study area.
Cm. Bruni stated he wanted the information form the Corp of
Engineers before they acted on the proposed hospital site and
before the increased development takes place, but that
council acted a different way so he wants to see an immediate
reply from the Corp of Engineers as to what needs to be done
in that area to minimize the flooding and the problems that
they will have there.
Motion instructing staff to contact the U.S. Corps of
Engineers to conduct a feasibility and cost study on building
a regional water retention facility south of Del Mar
Boulevard, east of McPherson and north of Jacaman Road in
order to protect the down stream residents from increased
flooding due to the development in the study area.
Moved : Cm. Bruni
Second: Cm. Perez
For: 8 Against: 0 Abstain: 0
2. Discussion and possible action on finding the necessary
funding to construct a new sidewalk south of the new library
on Calton Road.
Jan Little stated that there exists a problem of foresight on
access to the new library being that there were no sidewalks
planned on Cherry Hill coming in from Calton Road. Her
concern is for the children walking south of Calton and to
the east of the library which will not be safe when walking
or riding their bikes to this new library. Almost all the
people walking to the library will enter from the Calton side
in addition to the car entrance to this library will be
through Calton which will increase the traffic. She asked
why the sidewalk was not included in the original design and
has not been added since, concluded by saying that the city
has to apply the same standards to its own projects. She
urged that they build sidewalks on either north or south of
Calton from McPherson to Cherry Hill.
Mr. Pena stated this project has been identified in the CIP
for 1999. There is no funding for it, the engineers have
advised that there are ditches in both sides of Calton
leading to Sandman and what is needed there to prevent the
sidewalk from eroding or not functioning properly is to
widen that road with a drainage structure and to pave the
sidewalks on an assessment type basis. The cost of that
project is about $400,000. It is identified as a need, the
budget allocation process is a political process, a process
of setting priorities, a process of deciding which projects
are more important than others, and that time will happen in
the next few months. The funding sources that would be
available for this primarily would have to be from the bond
issue that they are proposing in January. They will try to
find other funding sources for it.
Cm. Bruni requested that staff prepare a cost estimate.
3. Presentation by Jesus "Chuy" Laurel regarding the
establishment of a 500 square foot area in the New Main
Library to be used as an Elderly Assistance Center.
Mr. Jesus Laurel made the presentation before City Council.
Mayor Ramirez stated the new main library will not be on line
until November or December based on construction projections.
In addition space allocation has not been completed as to how
they are going to configure the current capacity of books and
equipment.
Motion to instruct staff to look at a possible site for
approximately 500 sq. ft. within a centrally located area
either at the new library or the new transit center or any
other facility to make it available to the AARP.
Moved : Cm. Bruni
Second: Cm. Alvarado
For: 8 Against: 0 Abstain: 0
C. Requests by Councilmember Alfonso I. "Poncho" Casso
1. Status report regarding the RFP's for the Utilities
Department.
Fernando Roman, Utilities Director, stated that on June he
presented a schedule of four possible locations to visit and
they have not come to any decision. He would like to make a
recommendation after conferring with Mr. Pena on the
objectives of the visits. He presented the possibilities of
going to two cities, one that has been privatized for 12
years. He added it is a very complex city and that would
answer the question as to how this works. The contrary also,
Charlotte County in Florida, a city that has gone through the
process of privatization, proposals and then finally they
ended up rejecting the idea for their own reasons. He thinks
that would be very informative for the team that goes.
He proposed that council as a group decide if they have a
team that would like to attend and go to these two cities
representing the City and asking the questions that need to
be asked, pick a particular window of dates to be set as to
when they want to go.
The cities he proposed are Oklahoma City and Charlotte
County, Florida with tentative dates of September 3-6;
September 6-10; September 27-October 1, October 1-4, October
9-13, or October 8-11.
Mayor Ramirez asked that staff gets a feel from the Council
as to what they personally think of this process, about
participating on these trips, concentrate on the pros and
cons, and in the interim give the Councilmembers time to
think about it and also bring the information prior to the
council meeting so that they can use that as a basis to work
the process through and then they will see whether they want
to take these trips, and see how strong this commitment is
because it is going to require a great deal of resources
(time wise) to put something like this together.
Mr. Roman stated they are looking at everything possible as
to where they can cut expenses and generate savings without
jeopardizing the level of service that they offer.
Cm. Casso stated he has mixed feeling on this issue, all he
wants is explore different avenues, he does not think they
should waste much time, but get these professionals here and
let them do their work and find out.
Mr. Pena stated they will prepare pros and cons, get
information from other cities that have gone through this
process to see what literature or information they analyzed
and put it back on the first meeting of September.
2. Discussion and possible action regarding the legislative
consultant. (Co-sponsored by Mayor Pro Tem Jose R. Perez,
Jr., and Councilmember Eliseo Valdez)
Cm. Casso reported that the committee has decided on this
issue, they are planning on having another meeting to try to
get the private sector involved, come up with three to five
issues that they feel are important that the community should
be fighting for in Austin.
The general consensus of the committee is that they probably
concentrate on Economic Development/International Trade, the
water issue and infrastructure which are the three most
important issues facing this community.
He added that they interviewed five or six applicants, they
left the 3 1/2 hour session with a lot of knowledge, and it
was an extremely productive meeting. The next step will be
to have a committee meeting with an advisory board from the
private sector to see if they will participate with the city.
3. Discussion and possible action regarding all department heads
having e-mail.
Mike De La Fuente, M.I.S. Director, reported that all the
departments will be getting e-mail service by the end of the
month.
4. Discussion and possible action regarding the possible set-
back violations created by the Concord Hills Developers.
Motion to table indefinitely.
Moved : Cm. Casso
Second: Cm. Guerra
For: 7 Against: 0 Abstain: 0
(Cm. Bruni was out temporarily.)
5. Discussion and possible action regarding the Police
Department abdicating its responsibility regarding the
recovery of stolen vehicles.
Cm. Casso stated that this is an important issue and
something needs to be done because today the estimated value
of aircraft/vehicles stolen in the U.S. and taken into Mexico
each year excess over $100 million and at the same time
aircraft allegedly stolen or embezzled have become the
principle means of transporting contraband to Mexico.
Electronic goods, appliances, firearms, valued more than
$1 billion are now taken from the U.S. each year into Mexico
in violation of that country's laws. The new convention has
been drafted with these problems in mind, which was the
treaty that he spoke about a month ago. It was expected to
result in the return of a significantly large amount of
registered vehicles and aircraft from Mexico, and in better
law enforcement along the border, however our Police
Department violated our own city ordinance and has ignored
the convention with Mexico for the recovery return of stolen
or embezzled vehicles and aircraft.
At the last meeting he pointed the principle features of the
treaty and he doesn't think it's right to advocate our
responsibility right now, especially when we have the auto
theft task force, we're matching about $80,000 in the state
government through the Governor's Office is matching about
$420,000 for the Auto Theft Task Force. If we are going to
be shifting that responsibility to another law enforcement
agency well then what good is all that task force? How can
we justify receiving these monies?
Another thing is the U.S. Customs Service Outbound
Enforcement Program, entitled Operation/Co-operation, the
primary objective of that operation/co-operation is prevent
the illegal shipments of weapons, ammunitions, high tech
equipment, unreported high tech equipments and chemicals and
stolen vehicles. The funding is obtained by the department
of Treasury Forfeiture Fund in order to reimburse these
agencies for the overtime expenditures at the time of entry.
For fiscal year 1991 to 1997 there is a charge, there are
only two (2) entities in Laredo that are receiving monies
from this fund, TxDot and the Laredo Police Department. The
Police Department has received in 1991 received, $97,000,
1992 received $147,000, 1993 received $167,000, 1994-
$109,000, 1995-$116,000, 1996-$140,000 and in 1997 it dropped
to $50,000.00, he does not know why, and wants that this be
explored, to find out from the Interim Chief as what is going
on here? If the sheriff's department wants to help that is
fine, but he does not think that we should turn it over to
another entity. It is our responsibility and he thinks we
need to make sure that we do not have that shifting policy.
If you do want to change the ordinance and make a
recommendation, he would recommend to change the rotation
policy and allow all the wrecker service companies to
participate in the business in the recovery of stolen
vehicles, have them all participate. He added that one thing
he does not like and that he thinks is against the NAFTA
Treaty is that we can't go across to Mexico, but they can
come over here and bring the cars, which he thinks is not
right and needs to be explored.
Cm. Casso questioned a memorandum sent by Mr. Pena which
stated there was a meeting held on July 27th which was
attended by different agency representatives one of those
representatives was the U.S. Consul. He said he had learned
from an officer that in that meeting the U.S. Consul did not
want to do anything with the recovery of stolen vehicles
because he was fearful about going by the treaty and wants
the Interim Police Chief to explain on this issue.
Mayor Ramirez stated for the record that the memo provided by
Mr. Pena clearly stated there was no shift in policy. There
might have been miscommunications that took place in getting
the information second or third hand in the media, and as a
result of that, this happened.
Agustin Dovalina, Interim Chief of Police, briefed that they
did have a meeting on July 25th and all the parties included
in the memo did attend, there was considerable discussion
about what all the other agencies are doing with respect to
the recovery of stolen vehicles from Mexico. The U.S.
Consulate was in attendance and he advised that there is a
provision in the treaty that allows something called a
mutually acceptable agreement with respect to notification.
He said that as long a we have that in place there is no
problem. He concluded by saying that they are further
researching to streamline the process to make sure they
eliminate as much controversy as possible. They have not
advocated any kind of responsibility at anyone, the other
agencies that are involved all have some jurisdictions as
ours in the recovery of stolen property. They currently have
a verbal agreement, the understanding is that they advise us
and notify us when they have something recovered over there
by way of stolen vehicles.
Mr. Perez stated that then our agreement is just on the
notification process.
Cw. Montalvo stated she had asked the City Manager to see if
we could have one or two lots for a compound by budget time.
Mr. Hector Cabello, Cabello Wrecker, expressed his concern
on wrecker services because they as a wrecker service cannot
go into Mexico and they can come to U.S. and charge between
$175-$200 to bring a vehicle. He said the Police Department
is not policing their authority, because they need to be
licensed if they come and operate here. He wants this issue
investigated because they are losing money.
6. Discussion and possible action regarding the privatization of
the landfill.
Cm. Casso stated that Mr. Guerra had expressed to him that he
will be making a presentation before council during the
budget workshops on this issue, which is fine, but he
wants the questions that were posed by the group answered,
then they will hear the presentation during the budget
workshops and after that go from there.
7. Discussion and possible action regarding the membership of
the MPO.
Keith Selman, Planning Director, stated that the MPO took
action to amend its by-laws altering its membership, what
they did was added the Director of Transportation and
Planning with TxDot as member, added two members of the
County Commissioners to the MPO and the State Representative
Henry Cuellar and State Senator Judith Zaffirini are now ex-
officio members and are not voting members. He added there
are four (4) of the City Council, three (3) from Webb County
and two (2) from TxDoT.
D. Requests by Councilmember Joe A. Guerra
1. Presentation by Manuel Raul Jimenez, taxicab permit holder
#075, regarding the securing of an additional taxi cab permit
under Chapter 32, Section 32-32 Application for Additional
Taxicabs of the Code of Ordinances, with possible action.
This item was discussed together with A(4).
E. Requests by Councilmember Mario G. Alvarado
1. Update by staff on the Santa Maria Drainage Project, and
acquisition of right-of-way needed to complete this project
with possible action.
Florencio Pena, City Manager, stated that on July 24th Ramex
Construction was awarded the $2 million project which
consists of underground drainage with re-enforced concrete
inlets, manholes, and related drainage items. Currently they
are working on the southside towards the river, to construct
the drainage inlets there. The project is funded by CD Block
Grant Funds. It is an 8-month project, the project will be
completed on April of 1998. The hard construction on Sta.
Maria will not start for about three months, which is when
the inconvenience will show itself, they intend to put out
notices for residents in the area.
As far as the right of way issue, they are about 17 parcels
need in order to widen that road to the desired design.
Currently there is no funding for the project, it is one of
the projects that is being proposed for possible funding out
of the $10 million that will be available in January 1998.
An amount has been set aside for land acquisition if needed.
They recommend that during the CIP process when the council
allocates monies for projects and if this project is
included, that at that point and time they begin negotiating
a contract with G.G. Salinas who is doing the drainage work
to do the survey for the land acquisition of those 17
parcels, but they do not have the funds to authorize that
work now.
Mr. Pena pointed that they have the right-of-way for the
drainage, it is the expansion of the road where they don't
have the right-of-way and the funding.
Rogelio Rivera, City Engineer, reported that they have
approximately 60 ft. of right-of-way all the way throughout.
Actually there are fences that are encroaching, the
additional 5 feet are need for actual construction of the
sidewalks. Throughout the project the additional land needed
is for the sidewalks which is required per city ordinance.
Cm. Alvarado wants a schedule of what sections will be worked
at for the drainage project so that residents are made aware.
Mr. Rivera stated they will have a traffic plan in place by
the time they get to Santa Maria.
2. Status report on the Santa Isabel Well, with possible action.
This item was discussed with item #46.
XI. PUBLIC HEARINGS
54. Public hearing concerning the application by Eduard C. Hachar
and Robert D. Hachar, amending the Zoning Ordinance (Map) of
the City of Laredo by authorizing the issuance of a
Conditional Use Permit for a child education/day care center
on Lots 1 and 2, Block 1697, Eastern Division, located at
2801 and 2807 East Fremont Street. The Planning and Zoning
Commission recommends approval of this conditional use
permit. This item was tabled at the Council Meeting of July
21, 1997, pending the removal of all off-street parking on
Fremont Street.
INTRODUCTION OF AN ORDINANCE
Ordinance amending the Zoning Ordinance (Map) of the City of
Laredo by authorizing the issuance of a Conditional Use
Permit for a child education/day care center on Lots 1 and 2,
Block 1697, Eastern Division, located at 2801 and 2807 East
Fremont; providing for an effective date and publication.
Motion to open the public hearing.
Moved : Cm. Perez
Second: Cm. Alvarado
For: 8 Against: 0 Abstain: 0
George Hachar, representing the owners, stated that no
parking on Fremont will be allowed.
Motion to close the public hearing, concur with P&Z, and
introduce the ordinance.
Moved : Cm. Bruni
Second: Cw. Montalvo
For: 8 Against: 0 Abstain: 0
Ordinance Introduction: Cm. Bruni
55. Public hearing concerning the application by Del Trautman,
amending the Zoning Ordinance (Map) of the City of Laredo by
rezoning 22 acres, as further described by metes and bounds,
located on the south side of Del Mar Boulevard, south of
Bermuda Dunes Subdivision, from R-1 (Single Family
Residential District), R-2 (Multi-Family Residential
District) and B-3 (Community Business District) to B-4
(Highway Commercial District). The Planning and Zoning
Commission recommends approval of this zone change. This item
was tabled at the Council Meeting of July 21, 1997. (Co-
sponsored by Councilmembers Alfonso I. "Poncho" Casso, and
Joe A. Guerra)
INTRODUCTION OF AN ORDINANCE
Ordinance amending the Zoning Ordinance (Map) of the City of
Laredo by rezoning 22 acres, as further described by metes
and bounds, located on the south side of Del Mar Boulevard,
south of Bermuda Dunes Subdivision, from R-1 (Single Family
Residential District), R-2 (Multi-Family Residential
District) and B-3 (Community Business District) to B-4
(Highway Commercial District); providing for an effective
date and publication.
Motion to open the public hearing.
Moved : Cm. Casso
Second: Cm. Guerra
For: 8 Against: 0 Abstain: 0
Keith Selman, Planning Director, made the presentation on the
zone change request issue.
Mr. Del Trautman made his presentation on the land use,
noise, and water detention ponds.
Ben Everett, Chief Executive Officer of Columbia Hospital,
asked the council to do what is right so they can move
forward to continue with the platting process and
construction.
Mercurio Martinez III spoke in favor of the zone change
request and urged the council to approve the request.
Cm. Bruni stated that he was not against the construction of
Colombia Hospital, but has some concerns about the proposed
site. First, the proposed location has five schools in its
immediate proximity, Alexander to the east, United Middle,
Santos Benavides, Mary Help of Christians and Nye Elementary
are we putting our children at a risk? He wants a traffic
study to show what are the effects of ambulances, emergency
vehicles, and any increase in traffic around the school
zones. Second, he wants a legal opinion on who is
responsible since by city ordinance we as a council, are
changing the zone which is not recommended by staff and if a
traffic accident should occur with ambulances and school
buses whose responsible?
He has a concern with two retention/detention ponds proposed,
this area is low line, it is prone to flooding and receives
all the runoff of wastewater and heavy fertilization from the
Laredo Country Club. He wants a written study and report on
the contaminated soil, stagnant water of the proposed site.
Also, maybe we could incorporate the U.S. Corps of
Engineering study that he is proposing in one of his agenda
items. He added that the proposed site is directly the
flight path of arriving/departing heavy commercial aircraft
on Runway 37R17L which is our north/south heavy freight
runway. He wants a written report on noise profiles of the
area from staff and the FAA, including height restrictions,
noise contours, possible noise contours and navegational
easements the City of Laredo may require. He also wants a
written report on the impact of our wastewater infrastructure
as it affects our McPherson lift station. He wants a written
report since property is on or near the flood plain and storm
water drainage from the upper Zacate Creek Tributaries from
our ongoing Brown & Root Zacate Project Study that is not
complete yet. He would like a report from staff on the EPA,
if any laws are being violated since wastewater and heavy
fertilization is being released from the Country Club to the
proposed site due to lack of wastewater circulation at the
Country Club.
He quoted, "I as a Councilmember cannot in my heart approve
something that's going to be there for 50-60 years that is
going to impact our community. The residents of District II
which I was elected to, to take care of and to guide refuse
of such importance come to my district." He added he is not
ready at this point until he gets all this information and
takes it as an a front from Cm. Guerra and Cm. Casso to put
his issue where he represents under their items. He added he
was elected to take care of his constituents.
He called to the attention of Cm. Casso that he received
calls of ongoing problems in his district and since he was
not available for comment he took care of those problems.
Motion to table for the August 18th meeting.
Moved : Cm. Bruni
Second: Cm. Perez
For: 2 Against: 5 Abstain: 1
Cm. Perez Cm. Casso Cw. Moreno
Cm. Bruni Cm. Valdez
Cm. Guerra
Cm. Alvarado
Cw. Montalvo
Florencio Pena, City Manager, stated that as it deals with
the wastewater issue and the capacity of the sewer line
handling the facility, that stage of the development that
will take place when the building permit is filed. He said
that Mr. Trautman has been placed on notice that there may be
a concern there with the lift station, but in any event as
with any builder in town that is building a facility, we
don't have any obligation to expand our system to handle
additional capacity at that location. That issue would be
taken care of at the building permit stage.
In regards to the flooding, there had been some concerns and
Cm. Bruni is correct and he has raised them, the need to have
design standards for detention/retention facilities which
staff has not finalized, they have been working on it, they
have Brown & Root working on the Chacon Creek watershed in
developing best practices management for that area and one of
which will include a design specifications for water
retention basin. Unfortunately, they don't have that right
now, however what they have been doing and are recommending
on this one is that the engineer that designed the project
will have to assume responsibility for designing a system
that will work. The plan that was presented here was
presented to the Engineering staff and they are showing that
they are handling the water within their property and not
causing any additional runoff downstream. There is a concern
downstream south of them, that a study in 1989 and a study in
1993 conducted by U.S. Corp of Engineers showed the need to
design or develop a regional detention basin. That would be
done in order to save their property from not being used by
such small retention basins and the high cost of maintenance
associated with the smaller detention basins. The plan that
they submitted will handle the drainage, there will be a need
possibly when we get into the Corp of Engineers to request
them to assist us in putting more detailed information,
possibly funding considerations to develop a regional
detention basin for that area. They met with the property
owners in the area, they have expressed and interest in
working together to develop that. In the meantime, the way
this would work is that those retention basins that are built
with this project, would continue to handle the drainage and
the event the detention basin is developed that would be
abandoned.
In regards to the noise, they have the noise contours map.
The have a preliminary opinion, there is a trigometric
formula that is used to determine the height of buildings
from flight zones and in that regard, the have gotten a
preliminary, that a maximum 10-story structure could be
built at that distance. In terms of noise compatibility,
every developer that builds in that area, there are standards
required to be included in the building design in order to
comply with our noise compatibility ordinance that we have in
place. So certain standards would have to be required.
In regards to traffic, the primary recommendation of the
Planning Department at that time when they made the
recommendation to not recommend approval was the fact that
the ordinance requires a hospital to be located in a major
arterial, this particular facility has been shown with a road
connecting to Del Mar and not abutting Del Mar Blvd. A
strict interpretation of that made them recommend denial, but
in re-analyzing this situation and by having the road that
connects the hospital to Del Mar by having it signalized
provides a much better traffic control than having the entire
facility in front of Del Mar Blvd. They are going to try and
have some controlled access off certain roads.
Cm. Casso stated this is a $70 million investment in the
community, it will provide 250 jobs, provide greater access
to health care and like Cm. Bruni said he had taken care of
problems in his district, he has also taken care of problems
in his district also. He added that there is wide spread
support for this project to be constructed and that they stop
fooling around here at the council and go forward with this
project, this is an issue that should be dealt at with, at
the platting level not at the Planning & Zoning level. Right
now the developer can go in and put in 160 apartment complex
units and go ahead and do that without a zone change. The
arguments that his colleague raises are invalid, so what they
have to do is go forward with this project because with both
hospitals it is over $180 million dollar investment and we
owe it to this community to improve the quality of health
care, need to go forward with it and not run the risk of
torpedoing this investment because it needs to be done and
they just need to move forward.
Cm. Bruni stated that he wants Doctors Hospital to be built,
that another concern is with Federal Government. On the
Laredo Times of July 31st it says "Colombia Executives
indicated". Three executives of Colombia Health Care
Corporation the giant for profit hospital chain is a target
of federal fraud pro. He added that is another problem he
has. He does not know the federal government is going to
react to us just jumping in there and doing it. In the San
Antonio newspaper it says three health care executives
charged with fraud indictments first pro in medicare
cheating. It says prosecutors charged three Colombia HCA
officials with cheating medicare and an indictment in an
unsealed indictment, Wednesday, the first charges of a
federal pro that has shaken the nation's largest for profit
hospital chain.
It says the first criminal defendants were named within two
week of a dramatic seven state 35 Colombia and affiliate
sites raid on these facilities where their documents were
sealed by the federal government and confiscated. That is
another problem he has. He was asking for two weeks to see
what the real problems are, he asked that they allow him the
time that he needs to study the concerns he brought forward.
Motion to close the public hearing, concur with P&Z, and
introduce the ordinance.
Moved : Cm. Casso
Second: Cm. Guerra
For: 7 Against: 1 Abstain: 0
Cm. Bruni
Ordinance Introduction: Cm. Casso and Cm. Guerra
56. Public hearing amending the City of Laredo's 1997-1998,
annual budget in the amount of $49,922.00 for a grant awarded
by the Texas Natural Resource Conservation Commission's Used
Oil Division to be used for enhancing and continuing the Used
Oil Collection and Recycling Program for the period from
October 1, 1997 through September 30, 1998 and authorizing
the City Manager to implement said budget.
INTRODUCTION OF AN ORDINANCE
Ordinance amending the City of Laredo's 1997-1998, annual
budget in the amount of $49,922.00 for a grant awarded by the
Texas Natural Resource Conservation Commission's Used Oil
Division to be used for enhancing and continuing the Used Oil
Collection and Recycling Program for the period from October
1, 1997 through September 30, 1998 and authorizing the City
Manager to implement said budget.
Motion to open the public hearing.
Moved : Cw. Montalvo
Second: Cm. Perez
For: 8 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing, correct the ordinance
wording from "amending" to "incorporating", and introduce the
ordinance.
Moved : Cw. Moreno
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
Ordinance Introduction: City Council
57. Public hearing to amend the City of Laredo's 1997-1998,
annual budget in the amount of $55,721.00 for funding of
supplies and direct operating expenses for a Multi-Agency
Narcotics Task Force for the period of June 1, 1997 through
May 31, 1998.
INTRODUCTION OF AN ORDINANCE
Ordinance amending the City of Laredo's 1997-1998, annual
budget in the amount of $55,721.00 for funding of supplies
and direct operating expenses for a Multi-Agency Narcotics
Task Force for the period of June 1, 1997 through May 31,
1998.
Motion to open the public hearing.
Moved : Cm. Bruni
Second: Cw. Montalvo
For: 8 Against: 0 Abstain::
0
There was no public input.
Motion to close the public hearing, correct the ordinance to
read "1996-1997" instead of "1997-1998", and introduce the
ordinance.
Moved : Cw. Moreno
Second: Cw. Montalvo
For: 8 Against: 0 Abstain: 0
Ordinance Introduction: City Council
58. Public hearing to amend the City of Laredo's 1996-1997,
Annual Budget in the amount of $24,000.00, for a grant from
the Texas Department of Public Safety Division of Emergency
Management in order to complete a Hazard Vulnerability
Analysis.
INTRODUCTION OF AN ORDINANCE
Amending the City of Laredo's 1996-1997, Annual Budget in the
amount of $24,000.00, for a grant from the Texas Department
of Public Safety Division of Emergency Management in order to
complete a Hazard Vulnerability Analysis.
Motion to open the public hearing.
Moved : Cm. Perez
Second: Cw. Moreno
For: 8 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing and introduce the
ordinance.
Moved : Cm. Perez
Second: Cm. Alvarado
For: 8 Against: 0 Abstain: 0
Ordinance Introduction: City Council
XII. RECESS AND CONVENE AS THE MASS TRANSIT BOARD
Motion to recess as City Council and convene as The Mass Transit
Board.
Moved : Cm. Perez
Second: Cm. Alvarado
For: 8 Against: 0 Abstain: 0
59. Approval of bid specifications and authorization to advertise
for bids for the following:
a) motor oil for new buses A tentative award is scheduled for
Sept. 2, 1997.
Motion to approve.
Moved : Cm. Perez
Second: Cm. Alvarado
For: 8 Against: 0 Abstain: 0
Motion to adjourn as The Mass Transit Board and convene as the
City Council.
Moved : Cm. Perez
Second: Cm. Montalvo
For: 8 Against: 0 Abstain: 0
XIII. ADJOURNMENT
Motion to adjourn.
Moved : Cm. Perez
Second: Cw. Montalvo
For: 8 Against: 0 Abstain: 0
Adjournment time: 9:40 p.m.
I HEREBY CERTIFY THAT THE ABOVE MINUTES CONTAINED IN PAGES 01 TO 44
ARE TRUE, COMPLETE AND CORRECT PROCEEDINGS OF THE REGULAR CITY COUNCIL
MEETING HELD ON THE 4TH DAY OF AUGUST, 1997. A CERTIFIED COPY IS ON
FILE AT THE CITY SECRETARY'S OFFICE.
________________________
GUSTAVO GUEVARA, JR.
CITY SECRETARY