CITY OF LAREDO

                                                    CITY COUNCIL MEETING

                                                                  M-2001-R-18

                                                  CITY COUNCIL CHAMBERS

                                                     1110 HOUSTON STREET

                                                       LAREDO, TEXAS 78040

                                                                JULY 16, 2001

                                                                     5:30 P.M.

 

I.      CALL TO ORDER

 

            With a quorum present, Elizabeth G. Flores called the meeting to order.

 

II.        PLEDGE OF ALLEGIANCE

 

            Mayor Elizabeth G. 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

            Homero Martinez,                                                        Assistant City Attorney

 

IV.       MINUTES

           

Approval of the minutes of June 1, 2001, June 4, 2001, and June 12, 2001.

 

Motion to approve.

 

Moved:  Cm. Guerra

Second:  Cm. Agredano

For:     8                                  Against:  0                                Abstain:  0

 

V.        COMMUNICATIONS AND RECOGNITIONS

 

Announcements

 

Mayor Flores announced that the Honorable Henry Cuellar, Secretary of the State, would be addressing the House Committee in Washington on Transportation Transit.  She added  the City would be providing written testimony only due to a short notice.

 

Cm.  Ramirez expressed his thanks to all individuals who assisted in the success of the

July 4th Celebration at West Martin Field.

 

Cm.  Guerra submitted two letters for the record to the City Secretary’s Office.  The first letter was in reference to an item on the agenda.  He read the following excerpts from the second letter:

 

“Also, it was brought to my attention that Robert R.  Marshall and Carlos Mejia P. E. (who is the Engineer in charge of the development) have requested an authorization from the City of Laredo, to enable Robert R. Marshall and his employees to remove excess fill dirt from TRACT I to be piled on TRACT II.  This will not only create a dangerous erosion flow of mud, during a rain even, into properties that are down stream of their property but an accumulation of silt in the creek bed, thereby increasing the danger of flood on the community and its properties.

 

“At this time I must bring to your attention the catastrophic flood events that developed in the Houston area because of the poor Storm Water Management control and as a concern citizen I MUST respectfully request that you direct staff to:

 

1.  Request from Robert R. Marshall and Amy Isabel to remove all fill that has

     changed  the natural flow of Storm Water.

 

2.  Request from Robert R.  Marshall and Carlos Mejia the Endangered Species and

     Historical sites Studies, which were to be submitted with the Notice of Intent 

     (NOI)

 

3.  Enforce all penalties and fines that have developed by his illegal and

unauthorized Actions.  (They are cited to appear before the Municipal Court this week.)

 

This letter is being submitted to you as the Governing body of the City of Laredo and as representatives of the Community, I believe that if you take FIRM action against these people you will not only be saving lives and properties but also you will be saving tax payers dollars by avoiding future liabilities.

 

Sincerely Yours,

Luz M.  Dominguez”

 

Mayor Pro Tempore Valdez announced the Gold Star Mothers Ceremony will be held in July. 

 

Cm.  Amaya commented that his District was proud to host the recent little league tournament.

 

Cm.  Galo informed the public that the beams for Chacon Creek Bridge arrived and construction has commenced.  The bridge will be completed by mid-August. 

 

Cm.  Bruni submitted the Southwest Texas Rain Enhancement Association reports to the City Secretary, and he read the following excerpts from an article printed in the San Antonio Express:

 

“The once mighty Rio Grande is so puny here that a park ranger boasts he can spit across it to the other side.  The river is so tainted with salts and chemicals that the fish, birds and animals that rely on it are beginning to disappear.  The endless vistas that staggered the senses a decade ago are largely resigned to memory. 

Air pollution from factories and power plants hundreds of miles away not only obscures visibility but settles into the dry soil, further threatening the plants and animals that compose the fragile desert ecology.

 

Immense, remote and undeveloped, Big Bend should be the last place in Texas to have such troubles. 

 

Yet the river is declining, the sky is worsening and almost everybody believes it will take years before any solution is posed.

 

The National Parks Conservation Association in April declared Big Bend to be one of American’s 10 most endangered national parks. 

 

The reasons:  Air pollution from industry on both sides of the U. S. – Mexico border frequently shrouds faraway mountains in a foggy white haze.  Agriculture and municipal water use is transforming the Rio Grande into a contaminated drainage ditch.

 

“To a national park, air and water quantity and quality are its life-blood,” said Dave Simon, Southwest regional director of the National Parks Conservation Association, the nation’s leading park advocacy group.  “The vital signs for Big Bend are very, very disturbing.”  Two of the park’s most awe-inspiring experiences have been views of the park’s infinite landscapes and traveling down the Rio Grande on a raft to witness Santa Elena’s 1,500 foot walls.

 

Yet the chances of a visitor enjoying either experience are as low as they’ve ever been. 

 

“Since the first time I came out, it’s noticeably less clear,” said Mike McDonough, a Houston residents.

 

“It concentrates everything,” she said, adding that chemicals, sediments and heavy metals can choke the life out of a river.

 

A bi-national study of toxic substances in the Rio Grande has found extremely high levels of chlorides, or salts and metals in the river within Big Bend. 

 

Mexicans who live across from Big Bend have started to complain. 

 

Some people have said that sometimes when they go in the river it stings them, such as when they have cuts on their legs, Purchase said.  “That could be from the chlorides, if you put salt water on something it hurts.”

 

The river’s native wildlife also is effected by the change in river chemistry.

 

It changes the biology of the river.  It creates an environment that becomes less suitable for freshwater species,”  Purchase said.  “It may tend  to push them out and you may get more non-native or salt tolerant species.  We are finding limited aquatic life.” 

 

Upstream dams and the elimination of environmentally beneficial floodwaters have also altered habitat along the river.

 

Most big, broad river systems meander around and they have a lot of wetlands associated with them and we’re losing that,” Purchase said.

 

“The river has suffered immense degradation,” said Raymond Skiles, Big Bend’s wildlife biologist.  “quite often we say we’re trying to save it, and we are, but I think we have to realize that what we’re doing is just trying to slow down is demise.”

 

Preliminary studies of tissue from birds collected along the river have revealed levels of mercury – which could come from old mines in or near the park or faraway power plants – that exceed levels known to cause harm to reproduction.

 

At least four species of native mussels, which help filter and clean water in the Rio Grande, are either vanishing or are already gone.

 

“Once you start restricting the water in the river, then the riparian vegetation zone gets smaller,” Skiles said.  “It doesn’t produce as many small birds and small mammals for the predators to consume, so everything up the line, from bobcats to peregrine falcons, are all having to reduce their potential because of the dwindling lifeline of the Rio Grande.”

 

Cm.  Agredano expressed his thanks to the Police Department for attending a second meeting with the residents at Century City.  He added that there has been a decline in criminal activity due to the successful meetings. 

 

Invitations

 

The Mayor read an invitation from the Gold Star Parents of Laredo.  They are hosting a luncheon for individuals that have lost a loved one in fight for freedom.  The luncheon will take place at the Rio Grande Hotel Plaza on Saturday July 21st at 1 p.m.

 

Recognitions

 

None.

 

Communiqués

 

A.  The Church of the Crossroads Associate Pastor Kathy Baker and the Youth Directors would like to invite the Mayor and the City Council Members to the 10th Annual South Texas Youth Conference 2001 on August 1, at 6:00 p.m.

 

       The youth from Church of the Crossroads invited the Mayor and City Council to attend 

       the South Texas Youth Conference to be held on Wednesday August 1, 2001 at 6 p.m.  

       The conference originally began in 1991 with 100 attendees and has blossomed to 1000 

       attendees.      

 

B.  Mr.  Joseph Chalko spoke of a proposal to declare or designate July 8th  as Liberty Bell Day. 

 

 VI.      APPOINTMENTS TO COMMISSION, BOARDS AND COMMITTEES

 

A.  Appointment by Council Member Jose Valdez, Jr., of Joel H. Gutierrez Jr., to the Telecommunications Committee.

 

Motion to approve.

 

Moved:  Cm. Galo 

Second:  Cm. Amaya

For:      8                                        Against:  0                                Abstain:  0

 

B.  Appointment by Council Member Joe A. Guerra of David Flores to the Vehicles for Hire Ad Hoc Committee.

 

Motion to approve.

 

Moved:  Cm. Agredano

Second:  Cm. Amaya

For:      8                                        Against: 0                                 Abstain:  0

 

 VII.    PUBLIC HEARINGS

 

1.   Public hearing to amend the City of Laredo Fiscal Year 2000 General Fund annual budget by appropriating revenues and expenditures in the amount of $137,481.00 from a Lease Purchase Agreement to finance the acquisition of the upgrade of the AS/400 Computer System.

 

INTRODUCTION OF AN ORDINANCE

            Amend the City of Laredo Fiscal Year 2000 General Fund annual budget by appropriating revenues and expenditures in the amount of $137,481.00 from a Lease Purchase Agreement to finance the acquisition of the upgrade of the AS/400 Computer System.

 

            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:  Cm. Bruni

            For:    8                                          Against:  0                                Abstain:  0

 

            Ordinance Introduction:  City Council

 

2.   Public hearing providing community residents an opportunity to comment on the City of Laredo Draft 2001 Consolidated One Year Action Plan that will be submitted to the U.S. Department of Housing and Urban Development regarding the use of the 27th Action Year Community Development Block Grant ($4,485,000.00), Program Income ($89,975.00), HOME Investment Partnerships Program ($1,504,000.00), and Emergency Shelter Grant ($152,000.00).  The following projects are proposed and subject to City Council approval.

 

27th AY Community Development Block Grant

 

Community Development Administration                                         $610,912        

                  Housing Rehabilitation Administration                                              $189,513

                  Housing Rehabilitation Loan Program                                              $250,000     

                  Code Enforcement                                                                          $320,179

Graffiti Removal Program                                                                $  27,714

Hamilton Hotel - Section 108 Loan Repayment                               $235,000

Sidewalk Approaches to Schools (District V)                                  $325,000

                  Demolition of Substandard Structures                                               $50,000

                  Chacon Creek Acquisition                                                              $150,000

                  Ejido Street Extension                                                                  $1,000,000

                  (Includes Program Income of $89,975)

                  Santa Rita Park – Phase II                                                              $325,000

                  Tinaja/Chacon Pilot Channel – Phase II (Acquisition)                        $91,657

                  Inner City Park                                                                               $325,000

                  Lafayette Linear Park                                                                     $325,000

                  El Cuatro Park                                                                               $250,000

                  City Wide – ADA Improvements                                                     $50,000

                  Homeless Coalition – Homeless Shelter                                            $50,000

                       

2001 HOME Investment Partnerships Grant

                       

HOME Program Administration                                                      $144,400

Down Payment Assistance                                                              $834,000

                  Tenant-Based Rental Assistance                                                     $300,000

                  Community Housing Development Organizations                             $225,600

                       

 

2001 Emergency Shelter Grant

 

ESG Program Administration                                                              $3,000

Homeless Prevention Program                                                          $45,600

                  Homeless Shelter Program (Operations)                                          $103,400  

 

Motion to open the public hearing.

 

            Moved:  Cm. Bruni

            Second:  Cm. Amaya

            For:     8                                         Against:  0                                Abstain:  0

 

            There was no public input.

 

            Motion to close the public hearing and introduce.

 

            Moved:  Cm. Bruni

            Second:  Cm. Amaya

            For:    8                                          Against:  0                                Abstain:  0

 

3.   Public hearing amending the contract with the Texas Department of Health and

amending the City of Laredo FY 2000-2001 budget in the amount of $400,000.00 for the new “Mosquito Abatement Project” of the City of Laredo Health Department for a two-year project period beginning September 1, 2001, through August 31, 2003. (Approval of Resolution 2001-R-078 before Public Hearing)

 

INTRODUCTION OF AN ORDINANCE

Amending the contract with the Texas Department of Health and amending the City of Laredo FY 2000-2001 budget in the amount of $400,000.00 for the new “Mosquito Abatement Project” of the City of Laredo Health Department for a two-year project period beginning September 1, 2001, through August 31, 2003.

 

Motion to open the public hearing.

 

Moved:  Cm. Galo

Second:  Cm. Bruni

For:            8                                  Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm. Agredano

Second:  Cm. J. Valdez, Jr.

For:            8                                  Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

4.   Public hearing amending the contract with the Texas Natural Resource Conservation

Commission (TNRCC) and amending the City of Laredo FY 2000-2001 budget in the amount of $70,000.00 to continue the operation of the two continuous air monitoring stations (CAMS) by the City of Laredo Health Department for the period beginning September 1, 2001, through August 31, 2002. (Approval of Resolution 2001-R-079 before Public Hearing)

 

INTRODUCTION OF AN ORDINANCE

Amending the contract with the Texas Natural Resource Conservation Commission (TNRCC) and amending the City of Laredo FY 2000-2001 budget in the amount of $70,000.00 to continue the operation of the two continuous air monitoring stations (CAMS) by the City of Laredo Health Department for the period beginning September 1, 2001, through August 31, 2002.

 

Motion to open the public hearing.

 

Moved:  Cm. Galo

Second:  Cm. Agredano

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 E. Valdez, Jr.

For:            8                                  Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

VIII.   GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS

 

5.   A.  Request by Council Member Louis H. Bruni

 

      1.  Discussion and possible action on the City of Laredo’s Employee retirement plan.

 

            Armando Elizondo, Vice-President of the Laredo Police Officers Association, referred to Article 17 of the present Police Contract, which refers to the City’s Pension Retirement plan.  It states that after June 4th upon request of the association the City shall enter into meaningful discussion regarding the possibility of increasing the City’s contribution rate and in the employee contribution rate.  He added that on September 5th of last year the City Council instructed Dan Migura to work out a planning process with the Benefits Committee for the purpose of creating a sound retirement system for police officers and other city employees.  To this date two meetings have been held without any results.  He stated that the City has taken no action. The association has contacted other departments in Cities that are the size of Laredo and discovered that only two cities in Texas do not have the 21% retirement system that is allowed under Texas Municipal Retirement System; Laredo is one of them. 

           

            Dan Migura, Administrative Services Director, gave a brief history of changes that enhanced the retirement plan.  In 1996 the City increased the employees contribution from 3% to 5%.  The number of years required changed from 25 years of service to 20 years at any age.  In January of 1998 the City changed the contribution amount.  Finally, he stated that the City does not have funds to upgrade the retirement plan. 

 

            Cm.  Galo asked about a workshop from Texas Municipal Retirement System.

         

2.  Status report on the speed humps between Arkansas and Bartlett on O’Kane Street, with possible action.

 

      Roberto Murillo, Traffic Director, reported that as per an analysis that was conducted, the area of Arkansas and Bartlett does merit a speed hump.  However, they cannot finalize the project until they have a petition from the residents with 100% agreed signatures.   

     

3.   Discussion and possible action on installing speed humps between the 2800 and 3200 block of Montgomery.

 

      Roberto Murillo, Traffic Director, reiterated that his department would follow the policy passed by Council to include Lyon and Montgomery on the speed hump project.   

 

B.  Request by Council Member Johnny Amaya

 

1.  Discussion with possible action on the Lyon Street Skate Park.

 

Cm. Amaya informed the Council that his constituents would like to have bathroom facilities, public telephones, more police patrol and a concession stand.

 

Horacio De Leon, Parks and Recreation Director, gave a brief explanation of the improvements that are currently in progress at the Lyon Street Skate Park.  He added that Parks’ staff is optimistic about a grant application, which was submitted to the Texas Parks and Wildlife.  Finally, he assured the Council that the park is a success and there have been no complaints. 

 

2.  Status report on the new Inner City Park, with possible action.

 

Rogelio Rivera, City Engineer, informed the Council that staff will be meeting with the consultants for the Inner City Park, and they will negotiate a fee and take it before Council for approval.

 

Horacio De Leon, Parks and Recreation Director, stated that one of the proposals is to create a little league baseball park.  Staff has a meeting with the district representative for the little league so he can inform staff about the boundaries that are changing as a result of redistricting. 

 

C.   Request by Mayor Pro-Tempore Eliseo Valdez, Jr.

 

1.  Status report on the turning lane on the corner of Springfield and Calle del Norte Ave.

 

      Rogelio Rivera, City Engineer, explained that the contractor was finishing other projects before he continued construction on July 23, 2001.  He added that the work is being done behind the existing curb to avoid interference to pedestrians and or vehicular traffic. 

 

2.  Discussion with possible action on the concrete lining of the creek areas north of Gale St.

 

      Rogelio Rivera, City Engineer, reported that Phase I including Gale Street is complete.  He added that they are currently working in the Hidden Meadows Subdivision, and the design is 98% complete.  Finally, he stated that they would submit bids once the funding is in place.

 

      Mayor Pro Tempore Valdez stressed his desire to establish a criteria for the completion of projects. 

                       

3.  Status report on the proposed bus shelters on District V.

 

Peter Behrman, El Metro Manager, reported on the bus shelter locations.  He said that there are two shelter programs.  He said that one program involves advertising shelters being built by Lamar, an advertising agency, and are built at no cost to the City.   He stated that Lamar is taking longer than expected due to conflicting issues between Lamar and the City staff.  He added that the other shelter is called the sunshade shelters, which are built and maintained by the City.

 

Mayor Flores suggested that for future contracts the City should dictate where shelters will be placed. 

 

Cm.  Guerra expressed his disappointment with the progress of the bus shelters. 

 

Homero Martinez, Assistant City Attorney, told the Council that displeasure or praise concerning Laredo Metro Inc., and Peter Behrman should be reported to the Laredo Metro Board.  

 

Peter Behrman gave the names of the Board of Directors for the Laredo Metro Inc.

 

Mayor Pro Tempore Valdez asked Peter Behrman to place the Lamar shades on the next Laredo Metro Board of Directors agenda so they may address the conflicting issues.   

 

Peter Behrman said that Lamar will construct 50 shades with construction commencing on July 25th. 

 

Cm.  J.  Valdez questioned who chooses the Laredo Metro Board of Directors.

 

Homero Martinez, Assistant City Manager, explained the protocol and procedures for selection the Laredo Metro Inc. Board of Directors.  

 

Cm.  Guerra expressed his displeasure in Peter Behrman’s performance. 

 

Mayor Flores asked the City Manager to include the bus shelters on the next council meeting and consequential agendas until they are complete. 

 

Advertising shelter                                               Sunshade Shelter

 

District I

 

1-055  Chestnut Street @ New York          1-125  Corrada @ Sierra Vista

1-066 Zacatecas Street @ S.  Milmo           1-057  S.  Meadow @ Boulanger

                                                                   1-032  New York @ San Salvador

                                                                   1-055  Chestnut @ New York

                                                                   1-017  Ireland @ Louisiana