CITY OF LAREDO
CITY COUNCIL MEETING
CITY COUNCIL CHAMBERS
1110 HOUSTON STREET
LAREDO, TEXAS
5:30 P.M.
MINUTES
M97-R-28 AUGUST 18, 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 ALVARADO, " , DISTRICT VII
CONSUELO (CHELO) MONTALVO, " , DISTRICT VIII
GUSTAVO GUEVARA, JR., CITY SECRETARY
FLORENCIO PENA, CITY MANAGER
JAIME L. FLORES, CITY ATTORNEY
IV. APPROVAL OF MINUTES
2. City Council Meeting of July 7, 1997
City Council Workshop COPS of July 10, 1997
Aid to other Agencies Workshop of July 19, 1997
City Council Meeting of July 21, 1997
Motion to approve.
Moved : Cm. Perez
Second: Cm. Guerra
For: 7 Against: 0 Abstain: 0
Cw. Moreno was not present.
Motion to waive regular order of business and move up items
F(1), A(1), B(1), and D(1).
Moved : Cw. Montalvo
Second: Cm. Guerra
For: 7 Against: 0 Abstain: 0
Cw. Moreno joined the meeting at 6:20 p.m.
V. INTRODUCTORY ORDINANCES
3. Authorizing the City Manager to execute a lease with Dynair
CFE Services, Inc., for approximately 416 square feet
constituting Building #168.
1. Lease term is for one (1) year commencing May 1, 1997 and
ending April 30, 1998 and be extended for one (1) year
ending April 30, 1999.
2. Monthly rent shall be $425.00 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 $369.51. Leased premises are
used for air freight operations
Ordinance Introduction: City Council
4. Closing as a public easement a 513.1 square foot parcel of
land, more or less, out of the 1000 Block of Baltimore
Street between Flores and San Agustin Avenues and the 3500
Block of Flores Avenue between Baltimore and Lafayette
Streets, said parcel of land being encroached by the
improvements of the abutting property being Lot 2, Block
901, Western Division, being more particularly described by
metes and bounds, and authorizing the sale of the "surface
only" of said parcel of land at the adjusted fair market
value of $1,026.20, and authorizing the City Manager to
execute all necessary documents to effectively convey fee
simple title to Victor Alvarez and wife Sara A. Alvarez and
Irene R. Sanchez, a single woman.
Ordinance Introduction: City Council
5. Closing as a public easement a 465.28 square foot parcel of
land, more or less, out of the 1800 Block of Logan Avenue
between Guerrero and Lane Streets, said parcel of land being
encroached by the improvements of the abutting property
being Lot 7, Block 250, Eastern Division, being more
particularly described by metes and bounds, and authorizing
the sale of the "surface only" of said parcel of land at the
adjusted fair market value of $697.92, and authorizing the
City Manager to execute all necessary documents to
effectively convey fee simple title to Adelina de Leon and
Virginia A. Gonzalez.
Ordinance Introduction: City Council
6. Authorizing the establishment of a limited-time deferred
payment plan for delinquent customers of the utilities
department who declare themselves willing but unable to pay
the full balance on their account, citing hardship, or
extraordinary circumstances.
Ordinance Introduction: Cm. Guerra
7. Authorizing the Utilities Department to refuse service to
individuals or business entities who owe prior balances for
services received and who attempt to open an account under a
different name or location for the purpose of avoiding
payment of said rendered services; providing for effective
date and publication.
Ordinance Introduction: Cm. Guerra
VI. FINAL READINGS
Motion to waive the final reading of Ordinance(s) #97-O-179,
#97-O-180, #97-O-181, #97-O-182, #97-O-183, #97-O-184,
#97-O-185, #97-O-186, #97-O-187, and #97-O-188.
Moved : Cm. Perez
Second: Cw. Montalvo
For: 8 Against: 0 Abstain: 0
8. 97-O-179 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. (City Council)
Motion to approve.
Moved : Cm. Perez
Second: Cm. Valdez
For: 8 Against: 0 Abstain: 0
9. 97-O-180 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. (City Council)
Motion to approve.
Moved : Cm. Perez
Second: Cm. Valdez
For: 8 Against: 0 Abstain: 0
10. 97-O-181 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.
(City Council)
Motion to approve.
Moved : Cm. Perez
Second: Cm. Valdez
For: 8 Against: 0 Abstain: 0
11. 97-O-182 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. (City Council)
Motion to approve.
Moved : Cm. Perez
Second: Cm. Valdez
For: 8 Against: 0 Abstain: 0
12. 97-O-183 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.
(City Council)
Motion to approve.
Moved : Cm. Perez
Second: Cm. Valdez
For: 8 Against: 0 Abstain: 0
13. 97-O-184 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. (City Council)
Motion to approve.
Moved : Cm. Perez
Second: Cm. Valdez
For: 8 Against: 0 Abstain: 0
14. 97-O-185 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.
(Louis H. Bruni)
Motion to approve.
Moved : Cm. Perez
Second: Cm. Valdez
For: 8 Against: 0 Abstain: 0
15. 97-O-186 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. (Alfonso I. Casso)
Adan Gonzalez, a local attorney and area resident,
asked council to deny this zone change request or
at the least table if denial is not considered. He
spoke against the zone change request.
Chad Sims, area property owner, pilot, and a
neighbor of Mr. Gonzalez, stated that the location
is very close to the airport runways, approach and
departure runways. His concern is the safety
factor on forced landings on either departures or
approaches with tall buildings and also during bad
weather. He asked that the tall structures
provision be looked at.
Cm. Bruni showed a video of the area. He stated
that the Texas Department of Health has ruled
against licensing the new Colombia Doctors Hospital
if the facility were to be built on the proposed
site due to the proximity of the airport runways.
He stated for the record, "I do not opposed to the
building of Doctors Hospital, Laredo needs
additional facilities, and Laredo needs additional
corporations to invest in our community. We just
don't need to have a hospital built in an area that
would endanger the very people that we are trying
to help. I submit and proposed to you that perhaps
if we could...it would be in Laredo's best interest
to work with Colombia HCA in the location more
proper than the location we see in front of us.
It's a new hospital, it is going to be there for 50
years, lets see if we can bring both sides together
and work together on this issue."
He read for the record a fax sent to him from The
Texas Department of Health - Licensing Division in
reference to the proposed construction site for
Colombia HCA replacing hospital as follows:
"Dear Mr. Bruni:"
"Thank you for the aerial map of Laredo...of the
Laredo area containing the north portion of the
airport and the proposed site for the new Colombia
HCA Hospital. Hospitalizing standards Sections
6.3-11 prohibit building or licensing of hospitals
near airports. The area in which the hospital
cannot be built or license lies within an area
defined by a perpendicular line to the runway two
miles or 10,560 ft. of each end of the runway in a
parallel line one half mile or 2,640 ft. from each
side of the runway. The proposed site is directly
in line with runway 17L and 17R. The location is
well within the prohibited area. For this reason,
any building within this area would not be licensed
as a hospital by the Texas Department of Health and
Licensing Division. Submitted by Mr. Z--- A.
Pithut, P.E. & Chief Engineer in Austin, Texas."
Cm. Casso stated that regarding the airport
runways, landing etc., that is not much of a
council issue as much as a private sector issue
because once they change the zone change what is
going to happen is that it still has to go to the
platting requirement and if they go to that stage
and don't pass that stage they will be denied
there. If what Cm. Bruni is saying about the
ruling is true, because it has not been verified,
if it is true then they won't pass that stage. He
added that we shouldn't be here denying a zone
change because of Cm. Bruni's argument. He stated
what he has tried to do during the last three
years is to be leave the politics out of the
decision making that goes on at City Hall, it is
difficult to do, but he tries to do that. When a
hospital tries to invest in other communities, they
open their arms to these people. These people are
going to invest $70 million and provide 250 jobs.
He concluded by saying that they have to create a
pro-business environment in this community. He is
also concerned that Cm. Bruni is exposing this
municipality to a tremendous amount of liability
because one of the principal partners is Del
Trautman, but one of the minor is partners is his
brother-in-law, Steve Whitworth.
Motion to table indefinitely.
Moved : Cm. Bruni
Second: Cm. Perez
For: 6 Against: 2 Abstain: 0
Cm. Perez Cm. Casso
Cm. Bruni Cm. Guerra
Cw. Moreno
Cm. Valdez, Cm. Alvarado, and Cw. Montalvo
16. 97-O-187 Ordinance amending the City of Laredo's 1996-1997,
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. (As
Amended) (City Council)
Motion to approve.
Moved : Cm. Perez
Second: Cm. Guerra
For: 8 Against: 0 Abstain: 0
17. 97-O-188 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. (City Council)
Motion to approve.
Moved : Cm. Perez
Second: Cm. Guerra
For: 8 Against: 0 Abstain: 0
VII. RESOLUTIONS
18. 97-R-085 Opposing the proposed Nuclear Waste Dump to be
located in Sierra Blanca, Hudspeth County, Texas.
(Sponsored By Mayor Saul N. Ramirez, Jr.)
Motion opposing the proposed Nuclear Waste Dump to
be located in Sierra Blanca, Hudspeth County,
Texas.
Moved : Cm. Perez
Second: Cm. Guerra
For: 8 Against: 0 Abstain: 0
19. 97-R-088 Authorizing the City of Laredo to participate in
the following investment pools: LOGIC (Local
Government Investment Cooperative) and Lone Star
Investment Pool. The City of Laredo Investment
Policy requires approval by City Council in order
to join any investment pool. LOGIC and Lone Star
Investment pools are both in compliance with the
Public Funds Investment Act; both offer safety of
principal; both offer diversification of the City
Portfolio; both offer liquidity and higher yields.
Motion to approve.
Moved : Cm. Perez
Second: Cm. Guerra
For: 8 Against: 0 Abstain: 0
VIII. MOTIONS
20. Approval of bid specifications and authorization to advertise
for bids for the following:
a) Computer Equipment - Police Department, Engineering, Tax
Department, Utilities Department, Bridge System. A
tentative bid award date is set for September 15, 1997.
Funding is available in the Police Department Trust Fund -
Capital Outlay, Engineering Department Design, Drafting,
Capital Outlay, Bridge System -Capital Outlay.
Motion to approve.
Moved : Cm. Perez
Second: Cm. Bruni
For: 7 Against: 0 Abstain: 0
Cm. Casso was not present.
21. Authorizing the City Manager to solicit request for proposals
from qualified environmental services for drilling 4
additional Groundwater Monitoring Wells at the City's
Municipal Landfill in compliance with Texas Natural Resource
Conservation Commission (TNRCC) Chapter 330 Subchapter I
(Groundwater Sampling and Monitoring) and Subchapter J
(Closure).
Motion to approve.
Moved : Cm. Perez
Second: Cm. Bruni
For: 7 Against: 0 Abstain: 0
22. Approval of construction plans and authorization to advertise
for bids for the Telecommunications Offices and Public Access
Facility, and authorization to bid the project with tentative
award on September 22, 1997. The facility is to be located in
the Civic Center on the 900 block of garden Street. Funding
is available in the Public Access Channel Account.
Motion to approve.
Moved : Cm. Perez
Second: Cm. Bruni
For: 7 Against: 0 Abstain: 0
23. Authorizing the City Manager to pursue a planning grant from
the Border Environment Cooperation Commission (BECC) for the
preparation of a water master plan; authorizing the issuance
of Request for Qualifications from engineering firms for said
project.
Motion to approve.
Moved : Cm. Perez
Second: Cm. Bruni
For: 7 Against: 0 Abstain: 0
24. Approval of a contract with RWL Group, Dallas, Texas, for an
amount not to exceed $9,500.00, to conduct a funding study
with respect to the surplus or deficit position of the Health
and Benefits Fund in order validate the recommended pension
upgrade approved by the City Council at the budget workshop,
to become effective January 1, 1998.
Motion to approve.
Moved : Cm. Perez
Second: Cm. Bruni
For: 7 Against: 0 Abstain: 0
25. Approval of a contract with RWL Group, Dallas, Texas, for an
amount not to exceed $8,000.00, to conduct a rate study of
the City's health benefits plan.
Motion to approve.
Moved : Cm. Perez
Second: Cm. Bruni
For: 7 Against: 0 Abstain: 0
26. Authorizing the use of monies located in the City Council's
Reserve For Capital Improvement account to facilitate the
purchase of a marble monument to be placed at Veterans Field
in the amount of $2,075.00, from Joe Jackson Heights, Laredo,
Texas.
Motion to approve.
Moved : Cm. Perez
Second: Cm. Bruni
For: 7 Against: 0 Abstain: 0
27. Authorize the purchase of seven portable radio for the Police
Department through the Houston Galveston Area Council of
Governments (HGAC) - Cooperative Purchasing Program, in the
total amount of $13,370.00. These voice secure radios will be
purchased through the cooperative purchasing contract vendor
Motorola. This equipment is needed for the implementation of
the Community Oriented Policing Program. Delivery of these
radios is expected within sixty days.
Motion to approve.
Moved : Cm. Perez
Second: Cm. Valdez
For: 7 Against: 0 Abstain: 0
28. Authorizing the City Manager to request bids and to purchase
street lights to be placed on trees and around light poles in
the Downtown area bounded by IH-35 on the East, Moctezuma on
the North, Zaragoza Street on the South, and Santa Maria
Avenue on the West. This project will provide increased
illumination and enhance the area's safety and aesthetics. To
fund this project, staff further seeks authorization to
transfer $170,000.00, of 22nd Action Year Community
Development Block Grant funds from the Economic Development
Loan Account No. 211-9640-535-1189 to the Street Light
Account No. 211-9640-535-1158.
Motion to approve.
Moved : Cm. Perez
Second: Cm. Valdez
For: 7 Against: 0 Abstain: 0
29. Acceptance of the Construction of Cells No. 7 and No. 8 per
Subtitle D Requirements of the Texas Natural Resource
Conservation Commission (TNRCC) for the City of Laredo
Landfill located at Texas Highway 359 and approval of final
payment in the amount of $25,201.39 to Big D Lining Systems
Company, Midland, Texas. Funding is available in account No.
666-2760-353-1200.
Motion to approve.
Moved : Cm. Perez
Second: Cm. Valdez
For: 7 Against: 0 Abstain: 0
30. Acceptance of the 36 Inch Diameter Water Line Project from
the Jefferson Street Water Treatment Plant to FM 1472 Water
Tower at Mines Road, and approval of total release of the
retainage in the amount of $112,621.05 to McLean Construction
Company, Inc., Killeen, Texas. A deduction of $2,360.00, for
contact clips not placed is recommended, therefore final
payment is $110,261.05. Funding is available in the Retainage
Payable Account.
Motion to approve.
Moved : Cm. Perez
Second: Cm. Valdez
For: 7 Against: 0 Abstain: 0
31. Approval of change order no. 2, a decrease of $1,356.35,
acceptance of the Malinche Avenue Re-Alignment Street
Improvements from Bartlett/Locust to Frost Street Project,
and approval of final payment in the amount of $24,251.05 to
Ramex Construction Company, Inc., Houston, Texas. Funding is
available in the Capital Improvement Fund Malinche Re-
Alignment Project and Retainage Payable Account.
Motion to approve.
Moved : Cm. Perez
Second: Cm. Valdez
For: 7 Against: 0 Abstain: 0
32. Approval to reject the sole bid received from Leyendecker
Construction Company in the amount of $2,198,000.00 for the
construction of the Father Charles McNaboe Recreational
Complex and authorizing City Staff to work on a plan whereby
some of the construction work can be done in-house and
portions to be subcontracted out, with the concurrence of the
Texas Department of Parks and Wildlife and United Independent
School District (UISD).
Motion to approve.
Moved : Cm. Perez
Second: Cm. Valdez
For: 7 Against: 0 Abstain: 0
33. Award of a construction contract to the LOWEST BIDDER, A.E.
Construction Company, Inc., San Antonio, Texas, in the amount
of $263,930.86, for the Construction of 68 accessible ramps
at 17 intersections at San Agustin Plaza, Bruni Plaza and
Saint Peters Plaza and related access routes. A total of
three bids were received for this project. Contract time is
130 working days. Funding is available in the Community
Development Curb Construction ADA and Capital Improvement ADA
Improvements.
Motion to approve.
Moved : Cm. Bruni
Second: Cw. Montalvo
For: 7 Against: 0 Abstain: 0
34. Award of an asbestos abatement contract to the LOWEST BIDDER,
Bexar Environmental San Antonio, Texas in the amount of
$23,598.00 for the Asbestos Abatement of Laredo International
Airport Buildings 1324 & 1425. This project is part of the
Economic Development Administration Airport/Medical
Infrastructure Improvement Project. The City received a total
of seven (7) bids. Funding is available in the Airport/
Medical Infrastructure Improvement Project Fund.
Motion to approve.
Moved : Cm. Bruni
Second: Cw. Montalvo
For: 7 Against: 0 Abstain: 0
35. Award of an engineering contract to G.G. Salinas Engineering,
Laredo, Texas, in the amount of $38,600.00 to provide
surveys, design and prepare plans and specifications for the
construction of sidewalks along Community Development lock
Grant (CDBG) residential neighborhoods to provide safe
walkways to connect neighborhoods to local schools. Funding
is available in the Community Development CD Projects/
Sidewalks Account.
Motion to approve.
Moved : Cm. Bruni
Second: Cw. Montalvo
For: 7 Against: 0 Abstain: 0
36. Approval of amendment no. 2, an increase of $45,000.00 to the
engineering contract with NRS Consulting Engineers,
Harlingen, Texas, for additional Resident Project
Representative (inspection services) due to construction
delays for the Milmo Avenue, East Corridor and Other Booster
Pump Station Project and for the 5 Million Gallon Water
Storage Tank and High Service Pump for the sierra Vista
Booster Station in South Laredo. Staff recommends seeking
reimbursement for these additional inspection costs from the
contractor by assessing liquidated damages for delays.
Original contract amount was for $175,400.00. This amendment
brings the total to $243,400.00. Funding is available in the
Waterworks System Fund.
Motion to approve.
Moved : Cm. Bruni
Second: Cw. Montalvo
For: 7 Against: 0 Abstain: 0
37. Authorizing the City Manager to amend the City's contract
with Parsons Brinckerhoff Quade & Douglas, Inc., for
Environmental Assessment Services (EA) associated with the
Laredo Northwest International Bridge (Fourth Bridge) and
connecting roadways to extend the contract period to
January 15, 1997.
Motion to approve.
Moved : Cm. Perez
Second: Cm. Bruni
For: 7 Against: 0 Abstain: 0
38. Referring proposed amendments of the City of Laredo
Comprehensive Land Use Plan to the Planning and Zoning
Commission and requiring said amendments to be brought back
before the City Council no later than September 15, 1997, in
accordance with Article IX, Section 9.03 of the Charter of
the City of Laredo.
Motion to approve.
Moved : Cm. Perez
Second: Cm. Bruni
For: 7 Against: 0 Abstain: 0
39. Motion to (1) accept the Webb County Appraisal District
Property Appraisal Roll, (2) accept the Effective Tax Rate
Calculation, (3) setting a Public Hearing for August 25,
1997, to adopt the proposed Tax Year 1997 tax rate, and (4)
authorizing the Tax Assessor/Collector to begin publication
of notices.
Motion to approve.
Moved : Cm. Perez
Second: Cm. Bruni
For: 7 Against: 0 Abstain: 0
IX. CITY MANAGER'S REPORT
40. Discussion and possible action regarding implementing Section
4, of the Interlocal Agreement between the City of Laredo and
the County of Webb for the provision of fire protection,
emergency medical and rescue services for all unincorporated
areas of the County outside the incorporated limits of the
City as it relates the terms of this section. Section 4
provides that a 365 day notice be given to re-negotiate or
cancel said agreement.
Motion to approve.
Moved : Cm. Bruni
Second: Cm. Guerra
For: 6 Against: 0 Abstain: 0
Mayor Protem Perez and Cm. Casso not present.
41. Authorize the City Manager to proceed with the permanent
closure of the 1100 Block of Zaragoza Street. This section of
street, between Convent Avenue and Flores Avenue, has been
temporarily closed since March 12, 1997 when Bridge I was
closed to vehicular traffic for emergency repairs. The
permanent closure of Zaragoza Street is being recommended to
remove traffic backups that occur in the San Agustin Historic
District by prohibiting access to Bridge I from Zaragoza
Street, to reduce vehicular and pedestrian conflicts at the
intersection of Convent Avenue/Zaragoza Street, and to
improve pedestrian access to Bridge I.
Motion to proceed with the permanent closure of the 1100
block of Zaragoza Street.
Moved : Cw. Moreno
Second: Cm. Guerra
For: 6 Against: 0 Abstain: 0
Mayor Protem Perez and Cm. Casso not present.
42. Requesting the City Council conduct an evaluation of
performance of the City Manager as per Section 6 of the
Employment Agreement between the City of Laredo and Mr.
Florencio Pena, III, with possible Executive Session pursuant
to Section 551.074 of the Texas Government Code to deliberate
said evaluation.
Motion to go into Executive Session pursuant to Section
551.074 of the Texas Government Code to deliberate said
evaluation.
Moved : Cm. Perez
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
After executive session Mayor Ramirez announced that no
formal action was taken.
Anthony Stahl, from the Fire Department Local 1390, wants
City Council to be aware of the problems they have had with
Mr. Pena in regards to their contract. He said that most
recently was this weekend when Mr. Pena went public with the
news media about the Assistant Fire Chief's position. He
wants to know if the councilmembers knew of the Assistant
Fire Chief's position and if it was in the contract?
Mayor Ramirez stated all he knows from its administration if
it is not governed by the agreement.
Mr. Stahl stated that under their contract the Assistant Fire
Chief's position is covered under their contract, they have
90 days to fill the position. The contract stipulates that
only the Fire Chief can fill that position and it is covered
by federal law. Right now they don't have an Assistant Fire
Chief. They just want to make sure that the communication
between the City Manager, City Council, and Fire Fighters are
straight. He added that on previous years it was mentioned
about 19 firefighters, the bond election was in 1993 and
since then nothing has been done, it has been four years and
all the other projects are being done right now or have been
finished and he feels they are still behind the times. He
wants clarification on the Assistant Fire Chief's position.
He thinks there is a big communication gap, it hasn't been
there, and does not think they have to come before City
Council because this are things that should be taken care by
the City Manager.
Fernando Alarcon, President of the Union Association, stated
that the Fire Chief shall have the right to appoint the
position of Assistant Chief, the appointee shall be a member
of the of the Laredo Fire Department who shall have a minimum
of five years in the classified service, and it is under
Article 6. Under Article 14, it says he is under the
pay scale, an Assistant Fire Chief shall receive no less than
15% more than the Deputy Chief or the Fire Marshall with over
30 months, and shall have equally enjoy the other benefits
provided by this contract. He added this contract is backed
up by a federal law and this position needs to be filled
according to civil service within 90 days. It came to their
attention that this issue is in the budget, that they want to
eliminate this position, and that would be violating the
contract, and they are going to go ahead and fight for this
position because it's a complete violation to their contract.
They feel that under their union they have not been dealt
right when the county negotiations were being done. The city
is contracting the fire department, under this contract it
stipulates that they deal with the city only and he feels it
is not right for them not to be part of the negotiations when
they are subcontracted. He made it known to Mr. Pena that it
is a violation of this contract while the negotiations were
ongoing with County, they mentioned to him that they must be
part of the negotiations.
Mr. Steve Landin, member of the Firefighters Association,
echoed what Mr. Stahl and Mr. Alarcon have said, added it is
a position in the contract, negotiated previously and
emphasized that they have had problems with Mr. Pena since he
was appointed and want to see if they can work with somebody
because the open door policy is not there.
Florencio Pe¤a, Interim City Manager, stated that manning of
the Fire Department and Police is a basic responsibility of
the City Council. It is a management right that is spared
down in contract. They will review the contract and make
certain that there is no violation. He added that this is
the first time he heard of this concern, that there was a
provision in the contract, they will look at the contract to
see if there is anything there, he is just not familiar with
any contract that is negotiated for fire or police that
doesn't give a sole responsibility for City Council to set
its manning, its level of positions it wants in an
organization. In regards to his open door policy, it is an
open door policy, and he feels a little tick on the back that
he waited to come to this meeting to bring this issue to his
attention. He hopes that they do deal with their chief first
and that the chief lets him know. He intends to work fully
with the Fire Department at council's direction and he knows
that the position of Assistant Fire Chief position is a
critical position. His door is open and willing to discuss
matters before council, he will look at the provision of the
contract to make sure there is no violation there.
Cw. Montalvo stated that the Fire Chief is the one that
should come to the City Manager and do whatever dealings have
to be made. The union comes before the council when they are
negotiating the contracts. They have to talk to their Fire
Chief in regards to their guidelines and rules.
Jaime Flores, City Attorney, stated that Legal will review it
and will bring back a report to council.
43. Request for Executive Session pursuant to Section 551.071 of
the Texas Government Code to discuss pending litigation to-
wit: City of Laredo vs. Texas Mexican Railway Company and
Missouri Pacific Railroad Company, d.b.a. Union Pacific
Railroad Company, Cause No. 96CVQ-00193-D2, in the 111th
Judicial District Court of Webb County, Texas.
Motion to go into Executive Session pursuant to Section
551.071 of the Texas Government Code to discuss pending
litigation to-wit: City of Laredo vs. Texas Mexican Railway
Company and Missouri Pacific Railroad Company, d.b.a. Union
Pacific Railroad Company, Cause No. 96CVQ-00193-D2, in the
111th Judicial District Court of Webb County, Texas.
Moved : Cm. Perez
Second: Cw. Montalvo
For: 8 Against: 0 Abstain: 0
After executive session Mayor Ramirez announced that no
formal action was taken.
X. COMMUNICATIONS
a. Mr. Tom Waite, Ex-Vice President of the Laredo Transporta-
tion Association, spoke on the traffic conditions in
northwest Laredo. He stated that he would like the City
address the problems at IH-35 and Milo Interchange. There
are some corners that can be addressed for a short term
solution. He said that the State of Texas has money to do
the corners, but that the city needs to annex those
corners for right-of-way purposes.
Mayor Ramirez stated that we are in the process of
preparing documentation to address that whole area.
Florencio Pe¤a, Interim City Manager, stated that staff
has made a request to the landowner to deed over the land
and that they are in negotiations.
b. Mr. Ron Anderson, from TG108, Inc., addressed the council
for assistance in acquiring the Laredo Manor Apartments.
He stated that the acquisition will be by an non-profit
organization which will be acquiring the property. He
asked for council support in addressing the drainage
problem.
XI. CITY COUNCIL DISCUSSION AND PRESENTATION
44. Requests by Mayor and City Councilmembers for discussion and
presentation.
A. Requests by Councilmember Jose R. Perez, Jr.
1. Discussion and possible action regarding the naming of a
Police Chief, and additionally requesting that the City
Manager submit the name(s) of individuals to be considered
for the position of Police Chief.
Florencio Pe¤a, Interim City Manager, stated that he had
interviewed four candidates which were: Richard Clark,
Agustin Dovalina, Steven Garza, and E.J. Laurel. His
recommendation at this time was E.J. Laurel.
Motion to confirm the nomination of E.J. Laurel as Chief of
Police.
Moved : Cm. Guerra
Second: Cm. Casso
For: 3 Against: 4 Abstain: 0
Cm. Casso Cm. Perez
Cm. Guerra Cm. Bruni
Cm. Alvarado Cm. Valdez
Cw. Montalvo
Cw. Moreno was not present.
Motion to confirm the nomination of Agustin Dovalina as Chief
of Police.
Moved : Cm. Perez
Second: Cw. Montalvo
For: 5 Against: 2 Abstain: 0
Cm. Perez Cm. Casso
Cm. Bruni Cm. Guerra
Cw. Moreno
Cm. Valdez
Cw. Montalvo
B. Requests by Councilmember Louis H. Bruni
1. Presentation by Efrain Gutierrez regarding the use of the
public access channel.
Mr. Gutierrez stated that he is not being given the
opportunity to have access to Access Channel staff and
equipment. He added that there is little training to the
public on the use of public access equipment and that they
are not allowed to use the expensive equipment, but rather
they must rely on inexpensive cameras. He continued by
stating that he has been discriminated against for the
time use of the equipment.
Mayor Ramirez stated that the equipment is not equipment that
was bought recently, it was part of the approved bond issue
when they first constructed it. It is not only for the City
Council, but for the Cable Commission Meetings, Planning &
Zoning Meetings, Workshops, etc. We have been very limited
in the resources that we've had available to the general
public through our Public Access because of the facilities
that we currently occupy. He added that as a result of the
agreements that have taken place with Time Warner they will
be constructing a complete studio facility and capable of
allowing greater access to the general public for the use of
the public access equipment. He encouraged the general
public that is interested in accessing the equipment to come
and apply for the use of the equipment, added that
regrettably we are limited in the money we have available.
Mr. Gutierrez stated what bothers him is the lack of
creativity and the lack of training being provided which he
thinks are serious and should be addressed.
Larry Dovalina, Telecommunications Officer, stated that some
of the concerns that Mr. Gutierrez raised, have also been
raised at prior telecommunications meetings. They are trying
to work and see if they can spur activity/creativity within
the city to have additional producers. He welcomed Mr.
Gutierrez's support and would like to have him join the PAC
Director in trying to come up with some kind of approach to
be able address those problems. There are problems that they
wish they could resolve and make the climate as suitable as
possible for people to come in and use the facilities. One
of the reasons they pushed for the new building and the items
related to the equipment and settlement were precisely for
that reason. They felt that there was a need for additional
facilities, they will be happy to have Mr. Gutierrez look at
the plans. One of the studios is aimed directly at community
production and they other for governmental. He added that
Public Access as our franchise is written, not only deals
with Public Access for the public but it also involves
educational access, governmental access, and religious access
which is one of the few franchises in the nation who in fact
has a religious access schedule. They decided at an early
stage as to how to deal with those access questions, they
formulated the franchise with that intent. The ordinance
that puts together the public access and the operation of
public access were all done with certain ideas in mind.
There is a process for people who have concerns, complaints,
comments, about how Public Access operates for them to
follow. There is a process for when a program gets rejected,
it is not within the goal of Public Access to censor any kind
of programming. They have a set of rules that have been
revised that can be changed or amended, and he welcomes input
from any citizen.
Mr. Bruce Miller Earl, Chairman of the Telecommunications
Commission, stated that the present equipment is not adequate
for field training. He welcomes Mr. Gutierrez's input and he
will address his concern at the future meetings of the Tele-
communications Commission.
C. Requests by Councilmember Cecilia May Moreno
1. Status report regarding the painting of the Lyon Street water
tanks.
Fernando Roman, Utilities Director, reported that they are in
the final stages of the repairs and that he has not been
furnished with a design by Nixon High School Administration
and that he will contact them again for the status on the
design.
D. Requests by Councilmember Joe A. Guerra
1. Presentation by Ale Arreguin regarding the elimination of the
building inspectors from the Fiscal Year 1997-1998 Annual
Budget thereby saving millions of dollars for the city.
Mr. Arreguin spoke on the elimination of building inspectors
as his personal recommendation and gave the following report:
a. A new idea that would eliminate the building inspectors
from the city budget and it would save the city about
half a million dollars a year, and the service it
provides of inspecting construction will not be
eliminated.
b. Who benefits
1. The city and taxpayers save about half a million
dollars a years every year, and it still will be able
provide the same service, but with more quality and
faster service to the property owners who will be
constructing.
2. The city will be up a million dollars.
3. The city can reduce the building permit fees by half,
thus the property owners who are going to built will
save over half a million dollars a year.
4. The property owners benefit:
a. Permits fees reduced
b. Better quality and quantity service of inspections
c. More inspectors added at no cost to city
d. Inspectors will be responsible and liable.
5. The building Inspectors benefits:
a. Stand to double their current income
b. Will be licenses by the city
c. City will maintain a rotating system for fair
practice between inspectors, and have a codes of
ethics, rules and procedures that they will follow.
City will also set fees that they can charge for
each inspection.
d. Will be able to deduct all his expenses
e. Will provide weekend services
f. Will be responsible and liable
g. Will answer to a committee on any major violations
or disputes concerning their rules, procedures and
policies.
Mr. Arreguin provided the council with an organizational
chart list and existing building code expenses on labor cost,
vehicle cost, and office costs.
Cm. Guerra stated that we should take Mr. Arreguin's
comments and suggestions under advicement and that he gets
together with the Building Director, CD Director, City
Attorney, City Manager, and any other department that may be
involved.
Jaime Flores, City Attorney, stated that there are many valid
ideas on what Mr. Arreguin is proposing, there are many
points and discussions that have to take place before
something such as this can be implemented.
Cm. Guerra suggested this idea be pursued at staff level.
Benny Salinas, Building Director, stated that the plumbing
inspectors must work for a municipality in order to get a
license.
Mayor Ramirez state that they will take Cm. Guerra's
suggestion, which is to take it under advicement and have Mr.
Pena, the City Attorney, and the Building Inspector review
the recommendations to see if it is something that is
possible.
E. Requests by Councilmember Mario G. Alvarado
1. Request to traffic department staff to work with the Texas
Department of Transportation on placing street name signs
going into the Industrial Parks on Mines Road with possible
action.
Motion to instruct staff to work with the Texas Department of
Transportation on placing street name signs going into the
Industrial Parks on Mines Road.
Moved : Cm. Alvarado
Second: Cw. Montalvo
For: 8 Against: 0 Abstain: 0
F. Requests by Councilmember Consuelo "Chelo" Montalvo
1. Instructing staff to meet with the Hamilton Hotel developers
and aid them in preparing a Section 108 Loan package and
bring back to the City Council for approval.
Cw. Montalvo stated that she had received the package, but
needs more information from staff.
Motion to instruct staff to provide Cw. Montalvo with the
necessary information.
Moved : Cw. Montalvo
Second: Cm. Alvarado
For: 7 Against: 0 Abstain: 0
2. Nominating Roberto Luis Trevino, 1422 Wingfoot, to be my
representative on the Airport Advisory Board.
Motion to approve Roberto Luis Trevino as the Airport
Advisory Board.
Moved : Cw. Montalvo
Second: Cm. Alvarado
For: 8 Against: 0 Abstain: 0
XII. PUBLIC HEARINGS
45. Public hearing regarding an ordinance amending the Capital
Grant TX-90-X374 budget line item Bus Purchases; from
$900,000.00, to $983,481.00; appropriating unused FY 95-96
federal operating funds in the amount of $66,785.00 and
applying previously appropriated transit sales tax funds for
bus purchases, in the amount of $16,696.00, to serve as the
20% match.
INTRODUCTION OF AN ORDINANCE
Ordinance amending the Capital Grant TX-90-X374 budget line
item Bus Purchases; from $900,000.00 to $983,481.00;
appropriating unused FY 95-96 federal operating funds in the
amount of $66,785.00 and applying previously appropriated
transit sales tax funds for bus purchases, in the amount of
$16,696.00, to serve as the 20% match.
Motion to open the public hearing.
Moved : Cw. Montalvo
Second: Cm. Alvarado
For: 8 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing and introduce the
ordinance.
Moved : Cw. Montalvo
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
Ordinance Introduction: City Council
XIII. 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. Valdez
For: 8 Against: 0 Abstain: 0
46. 97-RT-086 Resolution authorizing the City Manager to accept
and execute a grant from the Texas Department of
Transportation for the State Urbanized
Transportation Fund for the 1998-99 biennium in the
amount of $909,887.00; and providing for grant
funds to be deposited in the Transit Department
Accounts.
Motion to approve.
Moved : Cm. Perez
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
47. Motion to authorize staff to sell surplus vehicles,
miscellaneous bus parts, and steel bus wheels to the highest
bidder. Said vehicles have exhausted their useful lives; and
parts are obsolete. All items are being offered "as is" with
no implied or express warranties or claims of serviceability.
Model Unit
1982 Gillig 8216
1982 Gillig 8221 1982 Gillig 8224
1982 Gillig 8215 1982 Gillig 8220
Motion to approve.
Moved : Cm. Bruni
Second: Cm. Perez
For: 8 Against: 0 Abstain: 0
Motion to adjourn as the Mass Transit Board and convene as City
Council.
Moved : Cm. Bruni
Second: Cm. Perez
For: 8 Against: 0 Abstain: 0
M97-R-26(S) SUPPLEMENTAL AUGUST 18, 1997
IX. CITY MANAGER'S REPORT
A. Discussion and possible action regarding the assessment of the
U.S. Marine Corps Corp-of-Engineers Capital Improvement
Projects.
Florencio Pe¤a, Interim City Manager, provided the following
list of projects for council review:
Zacate Creek Linear Park
Father McNaboe Park
N.E. Hillside Park Pedestrian Bridge
Zacate Creek/Erosion Control
Dryden/Optimist Park Improvements
International Blvd. Exercise Trail
Century City Park
Tinaja/Chacan Creek Pilot Channel
Villa del Sol/Cheyenne Park
Airport Perimeter Road Construction
Relocation of Airport Security Fencing
Townlake Drainage Improvements
Regional Fire Training Facility
Chaparral Channel Improvements
Cemetery Improvements
River Parking Redevelopment Project
Upper Zacate Creek Detention Pond
Motion to accept the list for review.
Moved : Cm. Perez
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
XIV. ADJOURNMENT
Motion to adjourn. Time: 8:35 p.m.
Moved : Cm. Bruni
Second: Cw. Montalvo
For: 8 Against: 0 Abstain: 0
I HEREBY CERTIFY THAT THE ABOVE MINUTES CONTAINED IN PAGES 01 TO 27
ARE TRUE, COMPLETE, AND CORRECT PROCEEDING OF THE REGULAR CITY COUNCIL
MEETING HELD ON AUGUST 18, 1997. A CERTIFIED COPY IS ON FILE AT THE
CITY SECRETARY'S OFFICE.
________________________________
GUSTAVO GUEVARA, JR.
CITY SECRETARY