CITY OF LAREDO
CITY COUNCIL MEETING
M2002-R-03
CITY COUNCIL CHAMBERS
1110 HOUSTON STREET
LAREDO, TEXAS 78040
FEBRUARY 11, 2002
5:30 P.M.
I. CALL TO ORDER
With a quorum present, Mayor
Elizabeth G. Flores called the meeting
to order.
II. PLEDGE OF ALLEGIANCE
Mayor Flores led in the Pledge of
Allegiance.
III. ROLL CALL
In attendance:
Elizabeth G. Flores, Mayor
Alfredo Agredano, Council
Member, District I
Louis H. Bruni, Council
Member, District II
John C. Galo, Council
Member, District III
Johnny
Amaya, Council Member, District IV
Eliseo Valdez, Jr., Mayor
Pro Tempore, District V
Joe
A. Guerra, Council Member, District VI
Jose
A. Valdez, Jr., Council
Member, District VII
Juan
Ramirez, Council
Member, District VIII
Gustavo
Guevara, Jr., City
Secretary
Larry
Dovalina, City Manager
Cynthia
Collazo, Assistant
City Manager
Jaime
Flores, City
Attorney
IV. MINUTES
Approval of the minutes of December 3, 2001 and December 17, 2001.
Motion to approve.
Moved: Cm. Agredano
Second: Mayor Pro Tempore
Valdez
For: 5 Against: 0 Abstain: 0
Cm. Bruni, Cm. Galo and Cm. Guerra were not present.
V. COMMUNICATIONS AND RECOGNITIONS
Announcements
None.
Invitations
A. Presentation by Mr. Ito
Deutch, President of the Washington's Birthday Celebration
Association.
Aladar "Ito" Deutch, President of the George Washington
Celebration, personally invited the City Council to the festivities. He thanked City staff for their hard work in
creating a perfect event. He presented
the Mayor and the Council with tokens of appreciation from the Washington's
Birthday Celebration. He recognized the
following Executive Board members of the Washington's Birthday Celebration
Association:
Melissa C. Cigarroa President
Elect
Robert H. Summers First Vice-President
Thomas Gates Second
Vice-President
Linda LaMantia Treasure
Cm. Ramirez invited the
public to attend the Jamboozie Festival to be held in his District on February
16, 2002.
Recognitions
A. Recognizing the
generous contribution of Cincinnati Red Freddie Benavides, Jr. and
high school baseball coaches:
Tim Bertholf - Alexander High School, Javier Sanchez - Cigarroa High
School, Beto Aguilar-Cigarroa High School, Jorge Tijerina-Martin High School,
Stan Kowalski-Martin High School, Pete Solis-Martin High School, Gilbert
Gomez-Nixon High School, Arturo Contreras-United High School, Jesse
Banda-United South High School, Tano Tijerina and Osbaldo Guzman for facilitating
the inaugural little league baseball clinic at Veteran's Field on February 2,
2002. Nearly 100 boys and girls spent
an afternoon absorbing a wealth of knowledge about the intricacies of America's
pastime.
Motion to postpone.
Moved: Cm. Agredano
Second: Mayor Pro Tempore
Valdez
For: 5 Against: 0 Abstain: 0
B. Recognizing Mr. Daniel
Mendoza for his 41 years of service to the U.S. Post Office.
Cm. Agredano presented
Daniel Mendoza a Seven Flags Certificate of Recognition for 41 years of service
to the U. S. Post Office.
Communiqués
Cm. Valdez noted the
International Youth Soccer League is underway at the Father McNaboe Park. He also thanked staff for the improvements
that are underway in
District VII.
Mayor Pro Tempore Valdez thanked staff for the work they are doing
on the widening of McPherson. He
thanked the Parks and Recreation Department and the Community Development
Department for their work at the Raquel Gonzalez Park. Finally, he thanked Public Works for keeping
his district clean.
Cm. Amaya mentioned that
he visited the Buena Vista area to hear concerns and complaints from his constituents. He said that he submitted the complaints to the City Manager's
Office.
Cm. Agredano announced
that two parks in his district would be completed in 90 days.
Cm. Galo said that there
was a sign-in with Tex-Mex on Monday.
He stressed the importance of the project and mentioned several ways
that the construction will help the traveling citizens of Laredo. He also expressed his opinion of the
customer service that he received from Priceline and American Airlines.
Mayor Flores expressed her condolences to Cm. Bruni on the loss of his mother. There was a moment of silence for of
Cm. Bruni's mother.
VI. APPOINTMENTS TO COMMISSIONS, BOARDS AND
COMMITTEES
A. Appointment by Council
Member John C. Galo of Gloria Canseco to the Third Party
Funding Committee.
Motion to approve.
Moved: Cm.
Agredano
Second: Cm.
Amaya
For: 8 Against: 0 Abstain: 0
B. Appointment by Council
Member Johnny Amaya of Juan Calderon to the Cemetery
Advisory Committee to
replace Francisco Llanes.
Motion to approve.
Moved: Cm.
Galo
Second: Cm.
Agredano
For: 8 Against: 0 Abstain: 0
VII. PUBLIC HEARINGS
1. Public hearing and
introductory ordinance amending Section 24.63.2, Permitted Land
Uses of the Laredo Land Development Code to designate an auto
auction as an allowable land use in a B-4 (Highway Commercial District).
Motion to open the public hearing.
Moved: Cm. Guerra
Second: Cm. Amaya
For: 8 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing and introduce.
Moved: Cm. Valdez
Second: Cm. Amaya
For: 8 Against: 0 Abstain: 0
Ordinance Introduction:
City Council
2. Public hearing and
introductory ordinance accepting a grant awarded by the Texas
Department of Public Safety, Governor's Division of Emergency
Management for the amount of $19,200.00 and amending the City of Laredo's FY
2001-2002 Annual Budget for the NPDES Fund by appropriating the said grant
revenue to the appropriate expenditure accounts. The grant monies will be used for educational materials in Spanish
on hazardous materials.
Motion to open the public hearing.
Moved: Cm. Galo
Second: Cm. Amaya
For: 8 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing and introduce.
Moved: Cm. Galo
Second: Mayor Pro Tempore
Valdez
For: 8 Against: 0 Abstain: 0
Ordinance Introduction:
City Council
VIII. GENERAL COUNCIL DISCUSSIONS AND
PRESENTATIONS
3. A. Request by Council Member Louis H. Bruni
1. Staff update on the
environmental status of the Rio Grande, including pollution
levels and other contaminants affecting the river, with discussion
and possible action.
Dr. Hector Gonzalez,
Health Department Director, read excerpts from the following letter:
As per your request we have prepared a short summary of the Rio
Grande River environmental status and its health impact in coordination with
Mr. Gerardo Pinzon, Regional Director
from our sister agency, The Texas Natural Conservation Commission. (TNRCC)
Mr. Gerardo Pinzon will
present an overview of the responsible parties for monitoring and intervention
as well current findings for the Region 16 - Laredo area. After a careful review of the data from the
City of Laredo Health Department, International Boundary and Water Commission
(IBWC) and the TNRCC, we can state that the Rio Grande water quality meets the
Texas Surface Water Quality Standards with the exception of bacteria (fecal
coliforms).
What this means is that because of the great strides conducted by
the City of Laredo wastewater treatment efforts, discharge into the Rio Grande
has greatly reduced the threat of any significant adverse health effects. In addition the purification and treatment
process for safe drinking water rates Laredo in the superior category for
potable water. In other words we have
safe superior drinking water due to the high level of standards for potable
water.
Even though coliforms (bacteria) in the Rio Grande continue to
pose a concern, here too, great strides have been made to reduce discharge of untreated
water on both sides of the border.
Surveillance to reduce illegal dumping has also made a difference and as
well the continued efforts to assure clean natural water.
In fact good news is about to be released from the Texas
Department of Health and the Agency for Toxic Substances and Disease Registry
(ATSDR) based on the 1999 study they conducted which analyzed fish both
upstream and down stream. The results
will disclose no health threats by fish consumption of the Rio Grande. However, we continue to recommend no
recreational use (swimming, wading and boating) of the Rio Grande.
We also want to state that the City of Laredo Health Department
has been collecting and analyzing water samples from the Rio Grande throughout
Webb County from the bridge at Colombia to the City of Rio Bravo. We have data since before the Nuevo Laredo
sewer plant was built. Therefore, we
can attest to the significant decrease in bacterial discharge into the Rio
Grande. Furthermore, through rigorous
and stringent wastewater treatment efforts and high standards for safe drinking
water we have greatly reduced the serious threat of gastroenteritis and other
waterborne diseases such as cholera that we encountered in the past. Today, we continue to sample and test water and
provide the results to the Texas Clean Rivers Program as a subcontractor to the
IBWC. Since 1998, TNRCC has also
contracted with IBWC to analyze data, collect samples and to coordinate with
other agencies and organizations that sample the Rio Grande in order to prevent
duplication of efforts and to maintain a high level of vigilance and
monitoring. Currently, the City of
Laredo Health Department collects samples at the Columbia Bridge, Del Mar plant
intake, Jefferson Plant, Bridge 2, Zacate Creek, Masterson Plant, Quintero
Ranch and at the City of Rio Bravo.
In summary, the City's efforts to maintain a high standard of
potable water quality, excellent purification and treatment systems are to be
commended. Its commitment to a high
maintenance level of wastewater treatment, surveillance, testing and monitoring
has made a difference in reducing adverse health risks from the Rio Grande as
well to protect the environment. We
must continue to maintain this high quality of wastewater treatment and
safeguard our water plant. Finally, the
City of Laredo Health Department will continue to be vigilant, monitor and test
for any abnormal health risks and consequent adverse health effects due to any
waterborne disease both as the health department and in coordination with other
sister city, state, federal and international entities/agencies.
Jerry Pinzon, Regional Director for TNRCC, gave the following
presentation:
TNRCC
Region 16 Laredo
The Primary standards:
water temperature
chlorides
sulfates
total dissolved solids
pH
dissolved oxygen
indicator bacteria
Jurisdiction:
Analyses
IBWC through the Clean Rivers Program
Corrective Action:
Point source - TNRCC
Non-point source - Tx State Soil Water Conservation
Texas Clean Rivers Act (Senate Bill 818)
Water quality assessments for river basin
Contract IBWC and TNRCC October 1998
To maintain and improve the quality of water
Using watershed management techniques:
Identify and evaluate water quality issues
establish priorities for corrective actions
work to implement those actions
Middle Rio Grande sub basin includes:
Segment 2304 Rio Grande below Amistad
Segment 2313 - San Felipe Creek
Segment 2303 - Falcon Reservoir
CRP participants:
USIBWC Amistad Field Office - collect in the uper 2304
City of Del Rio Water Dpt - collects at 3 sites on segment 2313
City of Laredo Health and Environmental Departments for segment
2304 at manadas area
RGISC - collects at 7 sites in segment 2304 along the Laredo/Nuevo
Laredo
TNRCC San Antonio Field Office - collects at 5 sites on segment
2304
Designated uses:
Contact recreation
High aquatic life
Public water supply
Fish consumption
Contact Recreation:
Swimming is never recommended on non-chlorinated pools
Public Water Supply:
Utilities must meet SWDA standards at all times
City of Laredo is considered Superior Water
Fish Consumption:
TDH analyzed fish tissue (1999):
Minute concentrations of Aroclor 1254
P,pDDE but not exceeded criteria
Fish poses no health concern
Overall the water quality is good based on the data collected,
according to IBWC
E. Coli exceedance in and
below the three major populated areas of our segment:
Primary cause of increased pathogens:
Discharges (Mexico and US)
Runoff during rain events
Lift station overflows
City of Laredo Utilities under NOV for life station overflows
2. Staff update on efforts
to curb illegal dumping into the Rio Grande, including
number of citations issued and the enforcement of such ordinances
prohibiting illegal dumping, with discussion and possible action.
Riazul Mia, Environmental Services Director, briefed the Council
about current ordinances that address illegal dumping. He notified Council of new state laws that
will amend the ordinances, which he will submit at a later date. He explained that in the last six months, 85
citations for illegal dumping were issued.
He conveyed that he has two inspectors that work on illegal dumping
issues; however, other departments such as Community Development and Health
join force, to eradicate the City of
illegal dumpers.
Cm. Bruni asked for copies
of the ordinances that pertain to illegal dumping.
3. Staff update on the
progress of the proposed nature trail the City is developing
along the Rio Grande River and Zacate Creek, with discussion and
possible action.
Erasmo Villarreal, Community Development Director, orientated the
Council of properties along the Rio Grande River. He noted that staff is in the process of acquiring the necessary
property and funding to be able to beautify the river. He mentioned a 10 million dollar project
called El Portal that will allow the City to create biking, jogging, and nature
trails. He noted that staff is working
diligently to expedite the project.
Jessica Hein, Administrative Assistant to the City Manager, gave a
brief history for Las Palmas Park. She
pointed out that in October the City, in conjunction with the Rio Grande
International Study Center, hosted "Dia Del Rio" to beautify
the river front. She noted that on the
following Saturday, the City hosted "Make a Difference" day. The events were spent collecting garbage,
spreading mulch and completing the finishing touches to create a nature trail
for Laredoans.
Cm. Bruni requested a copy
of all projects and the proposed projects that are proposed for the riverfront.
Anita Stanley, spokesperson for the Leadership Class 2001, gave a
status report on the Nature Quest Project which was assigned to them by the
City Manager in December. She said the
directive given was to extend the existing walking trail know as Las Palmas,
which is located west of Zacate creek.
She went on to say that the project is going to be located east of
Zacate Creek and it is going to span approximately 1/2 mile. She mentioned that the group is working in
conjunction with the Rio Grande International Study Center, Laredo Birding
Association, and other City departments.
Carla Robles, Community Development Department employee, expanded
on the project given to the Leadership Class.
She relayed that the group is working with three different agencies
including the International Boundary Water Commission, the U. S. Fish and
Wildlife and the State Historic Preservation Office. She said the group is preparing packages to submit to the agencies for their approval
and they are expecting a 30 day turn around.
4. Staff update on the
City's progress regarding the search for a secondary water
source, with
discussion and possible action.
Mike Anglea, spokesperson for CH2MHILL, reported that the company
met with the Water Issues Committee Board, and he gave an overview of the
events for the Secondary Water Project.
He said that two firms submitted proposals, Montgomery Watts and Harza
and U. S. Filter in conjunction with the Killiam water Company. The proposals
have been evaluated by the Water Issues Committee. He noted that the City had begun the process with the hopes of
risk sharing as a part of the ultimate development. The nature of the projects and the responses from the teams;
however, are suggesting that both the development risk and the cost risk be
placed on the City. He noted that both
teams are proposing that once verification of the projects has been determined
that implementation be on a design build basis, which is what was requested. Both teams are proposing that implementation
ultimately be designed built. He said
the next step is an action to proceed and move into the development of
verification of contracts with both developers.
Motion to instruct City Manager to start negotiations with
Montgomery Watson and Killiam/ Water U. S. Filter.
Moved: Cm. Bruni
Second: Cm. Galo
Cm. Amaya asked for a
workshop on the secondary water source.
Motion to postpone.
Moved: Cm. Amaya
Second: Cm. J.
Valdez
For: 6 Against: 2 Abstain: 0
Cm. Agredano Cm. Bruni
Cm. Amaya Cm. Galo
Mayor Pro Tempore Valdez
Cm. J. Valdez
Cm. J. Ramirez
B. Request by Council Member John C. Galo
1.
Discussion of future street policies dealing with proposed zone changes
in areas
that are deed restricted, with possible action.
Cm. Galo stated that he
had a discussion with Jaime Flores, City Attorney, and he feels that the City
should deal with zone changes on an individual bases and they should include
adding a disclaimer to each change. He
said that a deed restriction should supercede a City Ordinance.
Jaime Flores, City Attorney, noted that he would echo the
proposals that Council Member Galo requests.
He noted that Council needs to work towards consistency, minimizing the
risk of potential litigation between land owners and the City.
Motion to place a blanket disclaimer notifying the client is
responsible for any deed or covenants conflict within the subdivision.
Moved: Cm. Galo
Second: Cm. Agredano
For: 8 Against: 0 Abstain: 0
C. Request by Council Member Joe A. Guerra
1. Discussion with
possible action regarding the amendment of Zoning Ordinance
(Map) of the City of Laredo by rezoning Lot 252, Block 13, Del Mar
Hills Subdivision, Section 1, Area "A", located at #2 Lindenwood
Drive, from R-1 to R-O.
Motion to bring back the amendment of Zoning Ordinance (Map) of
the City of Laredo by rezoning Lot 252, Block 13, Del Mar Hills Subdivision,
Section 1, Area "A", located at # 2 Lindenwood Drive, From R-1 to R-O
at the first available meeting.
Moved: Cm. Galo
Second: Cm. Valdez
For: 8 Against: 0 Abstain: 0
D. Request by Council Member Jose A. Valdez, Jr.
1. Request that staff
proceed with ordering skate park modules for the Lafayette
Street Park, with
possible action.
Miguel Pescador, Assistant Director for Parks and Recreation,
reported that staff has ordered the skate park modules for the Lafayette Street
Park.
Motion to instruct staff to proceed with ordering skate park
modules for the Lafayette Street Park.
Moved:
Cm. J. Valdez
Second:
Cm. Agredano
For:
8 Against: 0 Abstain: 0
E. Request by Council Member Juan Ramirez
1.
Discussion with possible action regarding the agreement between the City
and
Tex-Mex on the closing of Davis, Juarez and San Jorge Streets.
Cm. Ramirez stressed his
desire to be notified of agreements with Tex-Mex on street closings. He further expressed his desire to be
notified of all decisions that might affect his district.
Larry Dovalina, City Manager,
said that he would take responsibility for not notifying the Council
Member about the closing of Davis, Juarez and San Jorge Streets. He said the issues were brought by Tex-Mex
to officially close the portions. The
city did not close or commit to close.
He noted that he would contact Tex-Mex and ask them to notify the
Council Member in reference to street closings.
2. Discussion with
possible action regarding the synchronizing of traffic lights
downtown due the
closing of Bridge I.
Roberto Murillo, Traffic Director, reported that TxDOT had made
some changes regarding the
synchronizing as vehicles approach Bridge II.
He said the City is working in conjunction with TxDOT for a smoother
coordination of vehicular traffic.
3. Discussion with
possible action regarding recreation on the west section of
District VIII.
Miguel Pescador, Assistant Director for Parks and Recreation, said
that the west section of District VIII has the Ladrillera area for soccer,
picnicing, skating, and baseball practice.
He noted that further south the City has a Master Plan called El Quatro
Park which has been allowed $250,000 in funding, but is in the land acquisition
stage.
Mayor asked staff to meet
with the Council Member on his desire to improve West Martin Field and other
park areas.
4.
Status report on the parking lot on Ventura by River Drive Mall.
Larry Dovalina, City Manager, said that he sent a letter to River
Drive Mall in reference to the parking lot on Ventura; however, there has been
no reply. He noted that he would
contact them and bring the item back to the Council.
IX. INTRODUCTORY ORDINANCES
4. Authorizing the City
Manager to execute an Assignment of the Lease Agreement entered
into between the City of Laredo, as Lessor, and Dr. E. H.
Borchers, Jr., as Lessee, by Ordinance No. 98-O-310 dated December 7,
1998. The Lease Assignment is to Johnny
C. Cavazos, D.D.S., Assignee, for approximately 4,272 square feet constituting
Building No. 910 located at 4403 North Daugherty Avenue, at the Laredo
International Airport. Lease term may
be extended until October 31, 2010.
Monthly rent shall be $1,676.67 until October 31, 2002 and will be
adjusted annually according to changes in the Consumer Price Index; providing
for effective date.
Ordinance Introduction:
City Council
5. Authorizing the City
Manager to execute a Scheduled Airline Operating Agreement and
Terminal Building Lease with Compañia Mexicana de Aviacion, S.A.
de C.V. for exclusive and non-exclusive joint use space located at the Laredo
International Airport passenger terminal for the purpose of conducting
commercial air transportation services. The term of the agreement is for one
(1) year effective March 1, 2002 with two (2) consecutive one- (1) year renewal
options ending on February 28, 2005. The monthly rent including landing fees is
waived for the first twelve (12) months commencing on the date airline initiates
commercial air transportation services at the Laredo International Airport. The
proposed route is Mexico City/ Laredo, Texas /Mexico City; providing for an
effective date.
Ordinance Introduction:
City Council
6. Authorizing the City
Manager to execute a Scheduled Airline Operating Agreement and
Terminal Building Lease with Lineas Aereas Azteca S. A. de C. V. for exclusive and
non-exclusive joint use space located at the Laredo International Airport
passenger terminal for the purpose of conducting commercial air transportation
services. The term of the agreement is for one (1) year and seventeen (17) days
effective February 11, 2002 with two (2) consecutive one (1) year renewal
options ending on February 28, 2005. The monthly rent including landing fees is
waived for the first twelve (12) months commencing on the date airline
initiates commercial air transportation services at the Laredo International
Airport. The proposed route is Mexico City/ Laredo, Texas /Mexico City;
providing for an effective date. Ratifying Motion approved by City Council on
February 11, 2002 regarding a 30-day Scheduled Airline Operating Agreement and
Terminal Building Lease with Lineas Aereas Azteca, S.A. de C.V.
Ordinance Introduction:
City Council
X. FINAL READINGS OF ORDINANCES
Internet availability: www.ci.laredo.tx.us
Motion to waive the final readings of Ordinance # 2002-O-025,
2002-O-027, 2002-O-028, 2002-O-030, 2002-O-031 and 2002-O-032.
Moved: Cm. Guerra
Second: Cm. Amaya
For: 8 Against: 0 Abstain: 0
7. 2002-O-025 Amending section 24.80 of the Laredo Land
Development Code by
revising citations to the Texas Administrative Code in Section 42.80.2 (D), creating Section 24.80.3 requiring improvements and a plat to be filed for the subdivision of a parcel of land into two or more lots five acres or less which is intended for residential purposes within the corporate limits of the City of Laredo, creating Section 24.80.4 (