CITY OF LAREDO
CITY COUNCIL MEETING
M2001-R-21
CITY COUNCIL CHAMBERS
1110 HOUSTON STREET
LAREDO, TEXAS 78040
AUGUST 20, 2001
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 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
Jaime Flores, City
Attorney
IV. MINUTES
None
V. COMMUNICATIONS
AND RECOGNITIONS
Announcements
Mayor Pro Tempore Valdez announced
the upcoming District V College Bound Scholarship Fundraiser. He stated that the committee has been in
existence for over ten years, and he thanked individuals and businesses that
make the annual fundraiser a success.
Cm. Guerra stated that he had received two letters opposing a
proposed ordinance on the Council agenda.
He also received a letter of thanks from the doctors that are proposing
to build a new hospital called Providence Surgical and Medical Center.
Cm. J. Valdez thanked Oscar
Medina and his staff from Public Works for working diligently in his district
to cease the flooding problem that occurred the night before.
Cm. Ramirez reminded drivers that school is in session after the
summer break and he stressed the importance of drivers observing the speed
limits around school zones.
Mayor Flores read the following
media advisory:
“Laredo International Airport
receives notification of a two million-dollar grant from the U. S. Department
of Transportation (DOT) Federal Aviation Administration (Federal Aviation
Administration) today.
“The hard work of the airport
director, his staff and the advisory committee continue to pay off for the
City. I am glad that, together with
staff and Council Member Eliseo Valdez, that I had the opportunity to travel to
Washington D. C. and make the final
presentation that helped bring these grants to fruition,” says Mayor Betty
Flores.
It has been a long-standing
precedence with City officials, an annual trip to Washington D. C. is often an
influential factor with some federal agencies to making determinations on grant
decisions. The City aggressively
pursues federal funds that benefit the citizens of Laredo.
U. S. Transportation Secretary Norman Y. Mineta made the announcement about several Texas communities on
the new federal funds at the Texas 2001 Transportation Summit ion Dallas. In his statement, Secretary Mineta said the
funds would be used for the construction of a service road.
A total of $6,754,379 million
dollars has come into Laredo from the Federal Aviation Administration this
fiscal year, of which $1,419,437 is Entitlement Funds and $5,334,942 are
Discretionary Funds.
The
Secretary also announced grants for the following airports:
§
Austin-Bergstrom International Airport - -
$2.5 million to construct taxiways, and an additional $1.4 million to reduce
the impacts of airport noise in nearby communities.
§
Abilene Regional Airport - - $2.35 million to extend a taxiway, improve
a runway safety area and expand the terminal building.
§
Midland International Airport - - $ 1.9
million to construct an aircraft rescue and firefighting building.
In addition, the state of Texas
was awarded $937,000 to install weather-reporting equipment at 12 automated
weather-observing stations in the state.
The funds for the projects come from the Airport Improvement Program of
the U. S. Department of
Transportation’s Federal Aviation Administration. The total amount of awards announced today equal $11.1 million
dollars.”
Mayor Flores said that the
Texas Department of Housing and Community Affairs has awarded 160 low-income
housing tax credit units to Clarks Crossing Apartments, which will be located
at 3300 Clark Blvd.
Mayor Flores expressed her
concern in reference to the 2001 Low-income Housing Tax Credit Commitment
Recommendations Factor list. The list
summarized the agencies’ review, analysis, and reasons why applications were
either not recommended or approved for a funding commitment.
Invitations
Recognitions
Communiqués
A. El
Metro is introducing their new Rapid Transit System Bus Line.
The Mayor, Council and staff
went outside to view the news bus.
B. Luis Diaz De Leon voiced his concern about
the funding for the Congressional
Medal of Honor Recipients Monument. He spoke in favor of the monument.
Mrs. J. Martinez spoke in favor of the
monument.
Jesus Hernandez spoke in favor of the monument.
VI. APPOINTMENTS TO
COMMISSION, BOARDS AND COMMITTEES
A. Appointment
by Mayor Elizabeth G. Flores to the Vehicles for Hire Ad Hoc Committee.
Motion to postpone.
Moved: Cm.
Agredano
Second: Cm.
Galo
For: 8 Against: 0 Abstain: 0
B. Appointment by Council Member John C. Galo
of Toni Ingle to the Vehicles for Hire
Ad Hoc Committee.
Motion to approve.
Moved: Cm.
Galo
Second: Cm.
Amaya
For: 7 Against: 1 Abstain: 0
Cm. Ramirez
B. Appointment
by Council Member Juan Ramirez of Carlos R. Rendon to the Parks & Recreation
Advisory Committee.
Motion to approve.
Moved: Cm. Guerra
Second: Cm.
Bruni
For: 7 Against: 1 Abstain: 0
Cm. Galo
VII. PUBLIC HEARINGS
1. Public hearing amending the City of Laredo
FY 2000-2001 Annual Budget in the
amount of $10,000.00 realized in the
retainage settlement with Ramex Construction Company regarding the Laredo Main
Library Project, providing for effective date.
INTRODUCTION
OF AN ORDINANCE
Amending the City of Laredo FY
2000-2001 Annual Budget in the amount of $10,000.00 realized in the retainage
settlement with Ramex Construction Company regarding the Laredo Main Library
Project, providing for effective date.
Motion to open the public
hearing and introduce.
Moved: Cm.
Bruni
Second: Cm.
Amaya
For: 8 Against: Abstain:
Cm. Bruni expressed his concern about Ramex and the quality of their
work on projects that had been awarded to them.
Motion to close the public
hearing and introduce.
Moved: Cm.
Bruni
Second: Cm.
Amaya
For: 8 Against: Abstain:
Ordinance Introduction: City Council
2. Public hearing amending Chapter 12 of the Code of Ordinances,
City of Laredo, Texas
to include Article IV to
establish fees for Fire Inspection Services and Life Safety Inspections, within
the corporate limits of the City of Laredo, Texas.
INTRODUCTION
OF AN ORDINANCE
Amending Chapter 12 of the Code
of Ordinances, City of Laredo, Texas to include Article IV to establish fees
for Fire Inspection Services and Life Safety Inspections, within the corporate
limits of the City of Laredo, Texas.
Motion to open the public
hearing and introduce.
Moved: Cm.
Bruni
Second: Cm.
Agredano
For: 8 Against: 0 Abstain: 0
The Mayor read the following
letter from Edward Van Es:
“Dear Mayor and Council Members:
“I do not agree with the proposed
ordinance to establish fire department inspections. In so far as McDonalds Restaurants are concerned, we are in total
compliance with all fire codes. We
receive regular inspections from McDonalds Corporation to check our ansul fire
depressant systems by factory license inspectors every three months. I feel this ordinance is redundant in so far
as Mc Donald’s Restaurants are concerned and is an unnecessary expense to our
business since we already pay for our own inspections. Furthermore, McDonalds Corporation
authorizes only a select group of insurance carriers for our restaurants. We would loose our coverage if the ansul
system were not inspected by factory license inspectors.”
Chief Sosa stated the
importance of establishing a fee for Fire Inspection Services. He assured the Council that the fee is
needed to restructure the Fire Department and assist funding for the manpower
that they need to comply with National Fire Protection Association. Finally, he stated that businesses must
comply with the National Fire Protection Association Code book, and the Fire
Department must inspect each business on a yearly basis to ensure safety.
Mr. Felix Nunez, City Inspector, stated that the fire prevention code
gives the department the authority to go into the buildings and inspect
equipment.
Cm. Galo asked if the inspections could be farmed out to individuals
in order to assist with the 12,000 businesses each year and avoid the owners
having to pay their private insurance and the City for the same inspection.
Chief Sosa stated that only the
City Fire Department could inspect the businesses according to the National
Fire Protection Association Code. He
mentioned the importance of the inspection and that the issue could be a
liability to the City if not done properly.
Tom Wade, Emerson Motors
Manager, spoke against the approval of a fee for the fire inspection
services. He added that these fees are
included in their payment of property taxes on their warehouse.
Miguel Conchas, Chamber of
Commerce Manager, spoke in opposition to the new inspection fees.
Larry Norton spoke in
opposition of the new fees by the Fire Department.
David Newman, business owner,
spoke against an initial fee for inspection, but was in favor of a fee if they
have to come back for non-compliance.
Mike McBain from Laredo Cotton
Transfer spoke against the fee.
Motion to close the public
hearing and create an Ad Hoc Committee that will work with the Fire Chief and
return to Council in 30 days for recommendations. The Ad Hoc Committee will be as follows:
Miguel
Conchas
David
Newman
Mike
McBain
Chief
Sosa
3
Additional City Firefighters
Moved: Cm.
Galo
Second: Cm.
Bruni
For: 8 Against: 0 Abstain: 0
3. Public hearing amending the City of Laredo Fiscal Year 2001
General Fund Annual
Budget for the Cemetery by
appropriating revenues and expenditures in the amount of $46,320.00 for the
purpose of acquiring a Backhoe 416D BFP Caterpillar, through a Lease Purchase
Agreement and authorizing the City Manager to implement said budget amendment.
INTRODUCTION
OF AN ORDINANCE
Amending the City of Laredo
Fiscal Year 2001 General Fund Annual Budget for the Cemetery by appropriating
revenues and expenditures in the amount of $46,320.00 for the purpose of
acquiring a Backhoe 416D BFP Caterpillar, through a Lease Purchase Agreement
and authorizing the City Manager to implement said budget amendment.
Motion to open the public
hearing and introduce.
Moved: Cm.
Bruni
Second: Cm.
Agredano
For: 8 Against: 0 Abstain: 0
There was no public input.
Motion to close the public
hearing and introduce.
Moved: Cm.
Guerra
Second: Mayor Pro Tempore Valdez, Jr.
For: 8 Against: 0 Abstain: 0
Ordinance Introduction: City Council
4. Public hearing authorizing the City Manager to accept and execute
all documentation for
a grant from the Texas
Department of Health in the amount of $39,000.00 for the Chronic Disease
Prevention Program, Breast and Cervical Cancer Control Project (BCCCP), of the
City of Laredo Health Department for the period beginning September 1, 2001,
through August 31, 2002, and amending the City of Laredo FY 2000-2001 budget in
the amount of $39,000.00.
INTRODUCTION
OF AN ORDINANCE
Authorizing the City Manager to
accept and execute all documentation for a grant from the Texas Department of
Health in the amount of $39,000.00 for the Chronic Disease Prevention Program,
Breast and Cervical Cancer Control Project (BCCCP), of the City of Laredo
Health Department for the period beginning September 1, 2001, through August
31, 2002, and amending the City of Laredo FY 2000-2001 budget in the amount of
$39,000.00.
Motion to open the public
hearing and introduce.
Moved: Cm.
Guerra
Second: Cm.
Bruni
For: 8 Against: 0 Abstain: 0
There was no public input.
Motion to close the public
hearing and introduce.
Moved: Cm.
Bruni
Second: Cm.
Guerra
For: 8 Against: 0 Abstain: 0
Ordinance Introduction: City Council
5. Public hearing and Second Reading to authorize the granting to
Jerry Resendez
Enterprises, Inc., a Texas
Corporation, a non-exclusive franchise to construct, maintain and operate a
commercial container refuse gathering and disposing services in the City of
Laredo, Texas and providing the terms, conditions, obligations, and limitations
upon and under which franchise shall be exercised; providing indemnity to the
City; City retains authority to regulate rates except for rate increase
resulting from increased landfill fee which are passed on to the customer; providing
for increased service rates; providing for franchise payments; and providing
for severability.
INTRODUCTION
OF AN ORDINANCE
Authorizing the granting to
Jerry Resendez Enterprises, Inc., a Texas Corporation, a non-exclusive
franchise to construct, maintain and operate a commercial container refuse
gathering and disposing services in the City of Laredo, Texas and providing the
terms, conditions, obligations, and limitations upon and under which franchise
shall be exercised; providing indemnity to the City; City retains authority to
regulate rates except for rate increase resulting from increased landfill fee
which are passed on to the customer; providing for increased service rates;
providing for franchise payments; and providing for severability.
Motion to open the public
hearing.
Moved: Cm.
Bruni
Second: Cm.
Agredano
For: 8 Against: 0 Abstain: 0
Gustavo Guevara, Jr., City
Secretary, announced that this franchise needs two more readings prior to the
final reading. The first reading was
not in compliance because there was no publication effected, therefore, the
City Council is treating this reading as a first reading.
Marcel Notzon III, representing
Southern Sanitation, Inc., is asking that the same conditions that apply to
Southern Sanitation would apply to any new applicants that came in. He stated that at the previous City Council
meeting there was an application, which was to be approved and submitted to the
City Attorney. He mentioned having
spoken with Ray Rodriguez, attorney for Jerry Resendez Enterprises, Inc., and
they will be complying with the application and submitting the required
information to the City Attorney’s office for review. He asked that this first reading be postponed until the
application is submitted to the City Attorney’s Office. He also asked that the applicant not collect
garbage until such time as it obtains a franchise permit.
Ray Rodriguez, representing
Jerry Resendez, Enterprises, Inc., mentioned that he has supplied the Articles
of Incorporation and the corporate insurance in the amount of
$1,000,000.00. He wants to
differentiate that the operation that his firm is running is a type of
construction clean-up on an on-call basis.
He stated that his client is willing to comply with all the requirements
imposed. He further stated that the
correction on the fee from a 3% to a 4% fee delayed publication. Also, the rates that were provided to his
client were not the current rates.
Jaime Flores, City Attorney,
announced that based on Mr. Rodriguez’ representations, that Mr. Notzon’s
request not be entertained with regards to postponing the first reading.
His recommendation is that this
second reading, as explained by the City Secretary, be treated as the first
reading of the ordinance.
Pepe Trevino, on behalf of
Southern Sanitation, Inc., requested that the new applicant be required to
provide background on the business and its financial standing. He also requested from City Council, since
Jerry Resendez Enterprises, Inc. is being allowed to conduct business of refuse
collection without a franchise, that the franchise fee for Southern Sanitation,
Inc. be suspended until theirs is granted and they start paying a franchise
fee.
Larry Dovalina, City Manager, mentioned that he wants to ensure that everyone concerned understands that between now and the time the franchise goes into effect, the company is not providing container service within the city.
Cm. J. Valdez, Jr., inquired whether they agreed to postpone all operations until this ordinance was passed.
Ray Rodriguez stated that they are not allowed to send the rollover containers to the landfill. The only thing the company is doing is construction cleanup without any roll-over container pickup.
Cm. J. Valdez, Jr., reminded them that this operation needed to comply with the same terms that Mr. Trevino’s company was asked by the City to comply with.
Ray Rodriguez
stated that they would be providing all of the documents required.
Cm. Bruni inquired as to who the principals are for Jerry Resendez Enterprises, Inc.
Ray Rodriguez replied that it was Jerry Resendez and his wife.
Cm. Galo inquired whether they have any rollover containers being utilized at a given construction site.
Ray Rodriguez replied that he would have to check with his client about that.
Jaime Flores, City Attorney, replied that any collection service that would require a franchise would not be allowed to be handled by Jerry Resendez Enterprises, Inc.
Motion to close the public
hearing and introduce as a first reading.
Moved: Cm.
Bruni
Second: Cm.
Ramirez
For: 8 Against: 0 Abstain: 0
Ordinance Introduction: City Council
6. Public hearing amending the City of Laredo Fiscal Year 2001
Recreation Fund annual
budget by appropriating
revenues and expenditures in the amount of $27,061.00 for the administration of
recreation programs and authorizing the City Manager to implement said budget
amendment.
INTRODUCTION
OF AN ORDINANCE
Amending the City of Laredo
Fiscal Year 2001 Recreation Fund annual budget by appropriating revenues and
expenditures in the amount of $27,061.00 for the administration of recreation
programs and authorizing the City Manager to implement said budget amendment.
Motion to open the public
hearing and introduce.
Moved: Cm. Bruni
Second: Cm.
Galo
For: 8 Against: 0 Abstain: 0
There was no public input.
Motion to close the public
hearing and introduce.
Moved: Mayor Pro Tempore Valdez
Second: Cm.
Agredano
For: 8 Against: 0 Abstain:
0
Ordinance Introduction: City Council
VIII. GENERAL COUNCIL
DISCUSSIONS AND PRESENTATIONS
7. A. Request by Mayor
Elizabeth G. Flores
1. Status on the submittal of Semi-Annual Reports submitted by the
Council
Appointed Committees.
Mayor Flores publicly thanked
individuals that donate their time to serve on the committees. She thanked the department heads for
listening to the citizens of Laredo through the committee appointees.
Each Council Member took the
time to thank their committee members for their commitment and dedication in
serving on committees. They thanked
their committee members for their time and expertise.
B. Request by Council Member Louis H. Bruni
1. Consideration to assist the City of Rio Bravo Fire Department with
surplus fire
Equipment/gear to address
emergencies specifically relating to United D.D. Hachar Elementary,
Juarez-Lincoln Elementary, and Kennedy-Zapata Elementary Schools, with possible
action.
Jerry Arizola, Rio Bravo Fire
Chief, asked for an Interlocal Agreement that will assist the department in Rio
Bravo. He submitted the following
letter:
“The City of Rio Bravo Fire
Department is in great need of equipment and manpower. The fire department consists of six EMS
personnel and one firefighter and one fire chief. At the moment the department runs with one basic life support
ambulance with two men on board 24 hours shifts seven days a week. The fire truck operates with only one
firefighter Monday to Friday from 8:00 a.m. to 5:00 p.m. In case of an accident or fire after 5:00
p.m. one crewmember from the ambulance will drive to the scene. Hopefully one of our two volunteers will
respond. There have been cases that the
ambulance is at the hospital delivering a patient when other emergency call comes
in. In those situations we call the
Webb County Sheriff’s office to take the patient to Hwy. 83 south at the entrance of Rio Bravo for
Laredo Fire Department to respond and pick up patient. At this time we count with very minimal
equipment for fire and EMS service.
1. Ambulance 98 Wheelcoach Ford 350 diesel
2. Fire truck 99 Pierce with 1000 gallons of
water capacity
3. Brush truck 90 Chevy 2500 with 300 gallons water capacity, which
does
not have reverse.
The fire department does not have
any extrication equipment for any type of accidents. At the moment we rely on one crowbar. We also have a shortage of fire hydrants in the City of Rio Bravo
and El Cenizo. The United Independent
School District has four schools in our area.
Which in case of an emergency our response time would be two to three
minutes. (D. D. Hachar, Juarez Lincoln,
Kennedy Zapata and the middle school Salvador Garcia). The schools have over 2000 students and over
280 employees. We are concerned for the
safety of the students because we believe that we will not be able to do much
in case of a man made or natural disaster.
The County of Webb has two Community Centers, which provide different
services to the community. The
buildings have over 150 people a day.
The County also has Headstart programs with over 90 children. One of the Headstart schools is about 2000
feet away from the water plant. Let’s
not forget that the water plant stores chemicals that can cause a major
accident.
We are willing to work hand in
hand with the Laredo Fire Department in assisting in accidents on HWY. 83 south and grass fires in the area. We
believe that Rio Bravo Fire Department and the Laredo Fire Department are in
the same business of saving lives and protecting property.”
Cm. Bruni informed the Council that there are 2,000 children and 280 staffers that attend United Independent School D