CITY OF LAREDO COUNCIL MEETING
CITY COUNCIL CHAMBERS
1110 HOUSTON STREET
LAREDO, TEXAS
5:30 P.M.
MINUTES
M97-R-06 FEBRUARY 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, JR., " , DISTRICT V
JOE A. GUERRA, " , DISTRICT VI
MARIO GEORGE ALVARADO, " , DISTRICT VII
CONSUELO "CHELO" MONTALVO, " , DISTRICT VIII
FLORENCIO PENA, III, CITY MANAGER
JERRY BRUCE CAIN, ASST. CITY MANAGER
ABSENCES:
GUSTAVO GUEVARA, JR., CITY SECRETARY
IV. APPROVAL OF MINUTES
2. City Council Meeting of January 27, 1997
City Council Meeting of February 3, 1997
Motion to approve.
Moved : Cm. Perez
Second: Cm. Valdez
For: 8 Against: 0 Abstain: 0
V. INTRODUCTORY ORDINANCES
3. Ordinance authorizing the City Manager to execute a lease with the
State of Texas General Services Commission on behalf of University of
Texas Health Science Center at San Antonio for 317 square feet of
office space at the City of Laredo Health Complex located at 2600
Cedar St.
1) Lease term will be from December 1, 1996, through August 31, 1997,
2) Monthly rental cost of $335.88 which includes the cost of
utilities and janitorial services.
Ordinance Introduction: City Council
4. Authorizing the granting of an access and utility easement over, upon
and across a 0.25 acre tract of land located in Porcion 24, Laredo,
Webb County, Texas as conveyed to the City of Laredo in Volume 427,
page 390, Webb County deed records to LAR-TEX Telephone Company,
Inc., for a term of 15 years, for the purposes of providing telephone
service and electrical power to their leased premises at the City of
Laredo Water Tower Site on Mines Road; and authorizing the City
Manager to execute said easement effectuating same, 0.25 acre tract
is more particularly described by metes and bounds.
Ordinance Introduction: City Council
5. Approving license, NOAA License Number 97-ABF-201 for real property
at the Laredo International Airport between the City of Laredo, as
Grantor and the United States of America, acting thru the U.S.
Department of Commerce, National Oceanic and Atmospheric
Administration, as Grantee. The proposed license is for the
installation, operation, maintenance, repair, replacement and removal
of an Automated Surface Observing System (ASOS) equipment at the
airport at the sole cost and expense of the government. The license
is effective beginning February 28, 1997 for a period of 15 years
unless terminated earlier by mutual agreement. Authorizing the City
Manager to execute said license with the government.
Ordinance Introduction: City Council
VI. FINAL READINGS
Motion to waive the final reading of ordinances #97-O-043, #97-O-044,
and #97-O-045.
Moved : Cm. Perez
Second: Cm. Valdez
For: 8 Against: 0 Abstain: 0
6. 97-O-043 Ordinance authorizing the Interim City Manager to execute a
lease with Texas Migrant Council (CCMS) for approximately
883 square feet of office space constituting Suite No. 5 of
Building #134 located at 4603 Maher Avenue.
1) Lease term is for ten (10) months commencing February 1,
1997 and ending November 30, 1997 and may be extended
for two (2) terms of one (1) year each ending November
30, 1998 and November 30, 1999.
2) Monthly rent shall be $679.91 and will be adjusted
annually during the primary and extension terms of this
lease according to changes in the Consumer Price Index.
(City Council)
Motion to approve Ordinance #97-O-043.
Moved : Cm. Perez
Second: Cm. Alvarado
For: 8 Against: 0 Abstain: 0
7. 97-O-044 Ordinance authorizing the City Manager to execute two
leases with Southwestern Bell Mobile Systems for an antenna
installation lease at the water tanks located on McPherson
Avenue and at the Laredo International Airport.
1) Terms of the leases are for fifteen (15) years
commencing on February XX, 1997 and ending February XX,
2012.
2) Annual rent shall be $7,200.00 payable in advance, and
will be adjusted annually during the term of the lease
according to changes in the consumer price index,
providing for effective date. (City Council)
Motion to approve #97-O-044.
Moved : Cm. Perez
Second: Cm. Alvarado
For: 8 Against: 0 Abstain: 0
8. 97-O-045 Ordinance amending the City of Laredo's 1996-1997 annual
budget by increasing estimated revenues and appropriations
in the General Fund by $4,004.00 and authorizing the
Interim City Manager to implement said budget, providing
for publication and effective date. (City Council)
Motion to approve Ordinance #97-O-045.
Moved : Cm. Perez
Second: Cm. Alvarado
For: 8 Against: 0 Abstain: 0
VII. RESOLUTIONS
9. 97-R-017 Authorizing the Interim City Manager of the City of Laredo
to accept an grant from the Texas Council for the
Humanities in the amount of $5,000.00 and authorizing the
Interim City Manager to execute the necessary documents.
Motion to approve Resolution #97-O-017.
Moved : Cm. Perez
Second: Cm. Alvarado
For: 8 Against: 0 Abstain: 0
10. 97-R-018 Accepting a grant from the Texas Department of Health in
the amount of $125,730.00 for the Immunization Action Plan
Project of the City of Laredo Health Department for the
period beginning January 1, 1997, through December 31,
1997; and authorizing the Interim City Manager to execute
the contract.
Motion to approve Resolution #97-R-018.
Moved : Cw. Montalvo
Second: Cm. Alvarado
For: 8 Against: 0 Abstain: 0
11. 97-R-019 Endorsing the City's partnership with Laredo Community
College in developing and submitting an EPA Environment
Education Grant application; pledging matching funds not to
exceed $10,000.00 to be used for the construction of models
of the Water and Wastewater Treatment Plants. Authorizing
the City Manager to execute a memorandum of understanding
with Laredo Community College with regard to said matching
funds for the proposed project.
Motion to approve Resolution #97-R-019.
Moved : Cw. Montalvo
Second: Cm. Alvarado
For: 8 Against: 0 Abstain: 0
12. 97-R-020 Accepting a grant from the Texas Natural Resource
Conservation Commission through the South Texas Development
Council in the amount of $59,795.00, with the City
designating $21,823.00, in matching funds and/or in-kind
services for a total of $81,623.00, to develop and
implement one Household Hazardous Waste Collection and
Proper Disposal Program Event. The event is scheduled for
April 19, 1997, and authorizing the Interim City Manager to
execute all documents related thereto.
Motion to approve Resolution #97-R-020.
Moved : Cm. Guerra
Second: Cm. Alvarado
For: 8 Against: 0 Abstain: 0
13. 97-R-021 Declaring the public necessity to acquire through
donations, six parcels of land as permanent drainage
easements for the Willow Chacon Drainage Improvements
Project. Said parcels being situated in Block 1566, Eastern
Division, City of Laredo, Webb County, Texas; and more
particularly described as follows:
Parcel 1 - Being the surface only of a 1,389.00 sq. ft.
tract of land, more or less, being out of and a part of the
north 1/3 of Lot No. 3, Block No. 1566, Eastern Division,
as per the City of Laredo, Webb County, Texas; and being
generally described below and more particularly described
by metes and bounds.
Parcel 2 - Being the surface only of a 926.00 sq. ft.
tract of land, more or less, being out of and a part of the
middle 1/3 of Lot No. 3, Block No. 1566, Eastern Division,
as per the City of Laredo original land grant, recorded in
Volume 7, Page 15, plat records of Webb County, Texas.
Parcel 3 - Being the surface only of a 926.00 sq. ft.
tract of land, more or less, being out of and a part of the
south 1/3 of Lot No. 3, Block No. 1566, Eastern Division,
as per the City of Laredo original land grant, recorded in
Volume 7, Page 15, plat records of Webb County, Texas.
Parcel 4 - Being the surface only of a 926.00 sq. ft.
tract of land, more or less, being out of and a part of Lot
No. 10, Block No. 1566, Eastern Division, as per the City
of Laredo original land grant, recorded in Volume 7, Page
15, plat records of Webb County, Texas.
Parcel 5 - Being the surface only of a 1,157.50 sq. ft.
tract of land, more or less, being out of and a part of Lot
No. 11, Block No. 1566, Eastern Division, as per the City
of Laredo original land grant, recorded in Volume 7, Page
15, plat records of Webb County, Texas.
Parcel 5 - Being the surface only of a 1,157.50 sq. ft.
tract of land, more or less, being out of and a part of Lot
No. 11, Block No. 1566, Eastern Division, as per the City
of Laredo original land grant, recorded in Volume 7, Page
15, plat records of Webb County, Texas.
Parcel 6 - Being the surface only of a 1,620.50 sq. ft.
tract of land, more or less, being out of and a part of Lot
No. 12, Block 1566, Eastern Division, as per the City of
Laredo original land grant, recorded in Volume 7, Page 15,
plat records of Webb County, Texas.
Motion to approve Resolution #97-R-021.
Moved : Cm. Perez
Second: Cm. Valdez
For: 8 Against: 0 Abstain: 0
14. 97-R-022 Authorizing the City of Laredo to intervene before the
Public Utility Commission of Texas in Docket No. 16995,
Central Power and Light Company's Integrated Resource Plan
filing and request for approval of new power supplies; and
authorizing participation with other cities through a
steering committee; and authorizing recovery of Cities rate
case expenses.
Cm. Valdez wanted a clarification on the statement where it
says that approval of this proposal may ultimately increase
rates.
Mr. Bruce Miller Earle, Chairman of the Telecommunications
Commission, stated that basically this is an ongoing
process on their review of the utilities, finding what rate
schedules have been put forward. What is charged vs. what
the consumer is getting.
Cm. Guerra said he had a concern with a sentence in this
resolution which tells us that approval of CPL's proposal
may ultimately increase rates paid by residents of the City
of Laredo and wanted Mr. Earle to explain this.
Mr. Earle explained that from time to time the utilities'
requests before the Utilities Commission a right to
increase their rates from one mechanism to another, but he
does not have a clear answer as to what this could entail.
He added that they are building good relations with them
expressing the concerns that we have and PUC relates to us
on what the quality of services are that we receive here,
at the border, as compared to other parts.
Mayor Ramirez stated he had received correspondence in
regards to that and in essence, what they are doing is
increasing their plant capacity by expanding their
production in the valley and in order for them to be able
to do that, they have to notify everybody within the system
that they are expanding their plant capacity anywhere
within the system and solicit from PUC a request to be able
to pay for that improvement, so this might have an impact
on our rates.
Florencio Pe¤a, City Manager, explained that this would
authorize us to join with other cities to challenge and to
work with CP&L to determine whether or not the rate
adjustments that they might be asking for are something we
can live with and the cost we will incur.
Motion to approve Resolution #97-O-022.
Moved : Cm. Perez
Second: Cm. Alvarado
For: 8 Against: 0 Abstain: 0
VIII. MOTIONS
15. Approving an employment contract between the Laredo City Council and
the City Manager of the City of Laredo.
Cm. Perez asked that item B(ii) of the contract include that the City
Manager be entitled to payment of 3 months' severance pay instead of
the 9 months' severance.
Mr. Pe¤a stated that this contract follows the previous City
Manager's contract, the item was added because council wanted him to
be evaluated at the end of six months. He added there are four areas
that are different from the previous City Manager's contract.
Cm. Casso clarified that what Mr. Pe¤a would rather take is the nine
month severance pay than to return to his old job.
Motion to approve employment contact between the Laredo City Council
and the City Manager of the City of Laredo, as presented.
1. This agreement shall be subject to all the provisions of the
Charter of the City of Laredo and to all amendments to it.
2. This agreement is for an indefinite term.
3. This agreement may be terminated at any time by the City of Laredo
pursuant to Section 3.15 of the Charter which provides that the
City Manager may be removed at the will and pleasure of the City
Council by the vote of a majority of all Council Members qualified
and serving.
4. This agreement may be terminated by Florencio Pe¤a, III upon the
giving of notice, in writing, to the City Council at least 60 days
before the effective date of said notice of termination.
5. The following salary and related benefits shall be provided to Mr.
Pe¤a.
A. (i) His salary shall be $95,000 per annum. City Council
agrees to increase said base salary and/or other benefits
in such amounts and to such extent as it may determine
that it is desirable to do so on the basis of an annual
salary review.
(ii) He shall receive a car allowance of $500.00 per month.
(iii) He shall participate in the same pension plan as is
provided to non-civil service employees, namely, the
Texas Municipal Retirement System, under the same terms
and conditions as are provided to non-civil service
employees of the City.
(iv) The City shall pay an amount equivalent to 5% of the
annual salary specified in (A) (i) above to Mr. Pe¤a's
current pension plan with the International City
Management Association.
(v) He shall be entitled to the same vacation and sick leave
as are currently provided to non-civil service employees
of the City, except that on termination of this
agreement, the total which may be accumulated shall be as
provided in (C) (i) below. For accrual of vacation and
sick leave purposes, credit for service rendered to the
City from 1982 to 1989 shall be provided.
(vi) He shall be entitled to the same health insurance
benefits as are provided to non-civil service employees
of the City.
B. (i) In the event of termination of this agreement pursuant to
either Paragraph 3 or 4 above, he shall be entitled to
payment for his combined vacation and sick leave, which
he may have accumulated, for up to, but no more than, 90
work days.
(ii) In the event of termination of this agreement pursuant to
Paragraph 3 above, he shall be entitled to payment of 9
months' severance pay, unless and except if such
termination at the will and pleasure of the Council
should be for reason or reasons of malfeasance in office
or commission of a felony or an offense involving moral
turpitude, then this provision shall not apply.
C. (i) Hours of work: It is recognized that the employee must
devote additional time outside normal office hours to
business of the City of Laredo. To that end the employee
will be allowed to take compensatory time off as he shall
deem appropriate during normal office hours, provided,
however, that a record of the time off is kept for the
review of the City Council.
(ii) Dues and subscriptions: The employer agrees to budget
and to pay the professional dues and subscriptions of the
employee necessary for his continued participation in
those national, regional, state and local associations
and organizations that are necessary and desirable for
his continued professional participation, growth and
advancement and for the good of the employer subject,
however, to the proviso that if there should be municipal
budget reductions due to adverse economic conditions at
any time, then a pro rata reduction would apply hereto.
(iii) Professional Development: The employer hereby agrees to
budget and to pay for the registration, travel and
subsistence expense of the employee for professional and
official travel, meetings, local business luncheons,
conferences and other occasions adequate to continue the
professional development of the employee and to
adequately pursue necessary official and other functions
for the employer subject, however, to the proviso that if
there should be municipal budget reductions due to
adverse economic conditions at any time, then a pro rata
reduction would apply hereto.
6. It is agreed by and between the City Council and Mr. Pe¤a that the
City Council shall conduct an evaluation of performance and pay 6
months from the effective date of this agreement, and thereafter,
such evaluations shall be done not less frequently than once a
year.
7. This agreement shall take effect as and from February 15, 1997,
the date on which Mr. Pe¤a will assume the office of City Manager
of the City of Laredo.
Moved : Cm. Casso
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
16. Approval of bid specifications and authorization to advertise for
bids for pharmaceutical services and home health nursing care
provided to the clients of the City of Laredo Health Department's
HIV/AIDS Ryan White Project and HIV/AIDS Social Services Project.
Bids will be received on March 11, 1997 with a tentative bid award
for March 17, 1997.
Motion to approve bid specifications and authorize to advertise for
bids for pharmaceutical services and home health nursing care.
Moved : Cm. Casso
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
17. Approval of bid specifications and authorization to advertise for
bids for the following:
a) voice and data installation - New Main Library,
b) furniture - New Main Library,
c) equipment - New Main Library
Bids will be received on March 24, 1997 with a tentative bid award
for April 3, 1997.
Motion to approve bid specifications and authorize to advertise for
bids.
Moved : Cm. Casso
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
18. Refund of property taxes in various amount to the following
individuals or companies:
a. Cindy Boudloche in the amount of $620.38 as a result of an over-
payment,
b. Shiloh Heights LTD in the amount $1,071.76, as a result of a
clerical error,
c. Michael and Theresa Powell in the amount of $524.50, as a result
of a double payment.
Motion to refund property taxes.
Moved : Cm. Casso
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
19. Award of contract to the Low Bidder, U.S. Rental, Laredo, Texas, in
the amount of $11,474.92, for the purchase of one trailer mounted,
diesel trash pump for use by the Utilities Department -Water
Distribution Division. This pump is used to clear water and debris
from repair and construction job sites. The city received a total of
six bids for this equipment. Funding is available in the Department's
capital outlay budget.
Motion to award contract to the low bidder, U.S. Rental.
Moved : Cm. Perez
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
20. Award of contract to the Low Bidder, Laidlaw Environmental Services,
Inc., San Antonio, Texas in the amount of $47,122.08, for two
collection events for the collection, processing, packing and
disposal of Household Hazardous Waste Collection and Proper Disposal
Program. The City received a total of three bids for this service.
The proposed dates for the collection events are April 19 and
November 15, 1997.
Motion to award contract to Laidlaw Environmental.
Moved : Cm. Perez
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
21. Award of contract to the Low Bidder, Royal Treat Carwash, Laredo,
Texas, in the estimated amount of $26,000.00, for furnishing car wash
services for the City's automotive fleet. Bids were requested on car
wash service with and without inside vacuum. The City received a
total of two bids for this service. The bid pricing is approximately
38% higher than the previous contract period. All services are
secured on an as need basis.
Motion to award contract to Royal Treat Carwash.
Moved : Cm. Perez
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
22. Award of three year uniform rental contract to the Low Bidder, Cintas
Corporation, San Antonio, Texas, in the yearly amount of $108,784.00,
for providing industrial uniform rental and laundry service.
Industrial uniforms are used by the Public Works, Parks and
Recreation, Water and Wastewater Utility, Civic Center, Traffic
Safety, Airport, and Utilities Collection departments. This contract
will require the contract vendor to provide eleven sets of uniforms
and provide weekly laundry service. Staff also requested bids for the
outright purchase of industrial uniforms, however, staff is
requesting authorization to reject these bids. Previously the city
purchased three to four sets of uniforms for most of these employees
and provided no laundry service. It has been determined that
providing these employees with commercial laundry service would be
more beneficial to our service employees and eliminate any potential
health hazards. The City received a total of three bids for this
service. Funding is available in the respective department's
budgets.
Motion to approve.
Moved : Cm. Perez
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
23. Award of contract to the Low Bidder, Promaxima Manufacturing,
Houston, Texas, in the amount of $18,000.00, for the purchase and
installation of three universal gym weight systems at the Farias,
N.E. Hillside, and Tarver Recreation Centers. The contract vendor
will install these seven station weight systems within thirty days.
Funding is available from the Parks and Recreation capital outlay
account. Bid pricing is currently being requested on a twelve
station weight system for the Cigarroa Recreation Center. This center
has a larger weight room and the appropriate size system will be
installed at this location. The Laredo Independent School District
contributed an additional $50,000.00, to increase the size of the
multi-purpose at the Cigarroa Recreation Center.
Motion to approve.
Moved : Cm. Perez
Second: Cm. Guerra
For: 8 Against: 0 Abstain: 0
24. Approval of change order no. 5, an increase of $22,487.50, for the
balance of quantities actually constructed in place, acceptance of
the project, and approval of payment in the amount of $153,837.67,
for the 36 Inch Diameter Water Line Project from the Jefferson Water
Plant to F.M. 1472 Water Tower at Mines construction contract with
McLean Construction Company, Inc. Killeen, Texas. Also, approval to
retain $50,000.00, pending final acceptance of the Cathodic Protec-
tion for the water line. Current construction contract amount is
$2,252,420.90. Funding is available in the Waterworks System Fund.
Motion to table for the next regular meeting.
Moved : Cm. Perez
Second: Cm. Alvarado
For: 8 Against: 0 Abstain: 0
25. Approval of change order no. 1, a decrease of $1,900.00, for the
balance of quantities actually constructed in place, and acceptance
of the Roof Repairs at the El Mercado Buildings Project and approval
of final payment in the amount of $20,100.00, to American Contracting
Corporation, Laredo, Texas. Final construction contract amount is
$20,100.00. Funding is available in Mercado Fund.
Motion to approve.
Moved : Cm. Perez
Second: Cm. Guerra
For: 8 Against: 0 Abstain: 0
26. Approval of change order no. 2, a net decrease of $98.05 (includes an
increase of $234,067.85, and a decrease of $234,165.90) for balance
of quantities thus far installed in the project and to add 49 working
days to the contract time to the construction contract with H.B.
Zachry Company, San Antonio, Texas for the Laredo International
Airport Passenger Terminal & Related Airside/Landside Improvements
Phase B. Current construction amount is $11,107,731.31. Funding is
available in Airport Construction Fund.
Motion to approve.
Moved : Cm. Perez
Second: Cm. Guerra
For: 8 Against: 0 Abstain: 0
27. Approval of the release of $72,600.00, approximately 60% of the
retainage of the construction contract of the West Laredo Overpass
with Concho Construction Company, Garland, Texas, and acceptance of
the bridge and approach portions of the project as outlined in
Paragraph C.7.12 of the project contract documents. Current
construction contract amount is $2,517,931.70, and current remaining
retainage is $48,402.68.
Motion to approve.
Moved : Cm. Perez
Second: Cm. Alvarado
For: 8 Against: 0 Abstain: 0
28. Approval of change order no. 2, an increase of $8,366.61, for
additional work and to add 30 calendar days to the construction
contract with Concho Construction Company, Inc., Garland, Texas, for
the West Laredo Overpass. Current construction contract amount is
$2,526,298.31. Funding is available in the West Laredo Overpass -
Improvements Other Than Building.
Motion to approve.
Moved : Cm. Perez
Second: Cm. Alvarado
For: 8 Against: 0 Abstain: 0
29. Approval of amendment no. 2, an increase of $15,840.00 for
an additional 36 working days of inspection services to the Resident
Project Representative contract with Hickey & Associates, Inc.,
Laredo, Texas, for the New Laredo Airport Passenger Terminal in
compliance with Federal Aviation Administration (FAA) Requirements.
The additional days are being increased to coincide with the general
contractor's schedule which also has approved contract extensions.
New contract amount is $247,624.80. Funding is available in
Inspection Fees.
Motion to approve.
Moved : Cm. Perez
Second: Cm. Alvarado
For: 8 Against: 0 Abstain: 0
30. Authorizing the Interim City Manager to submit a grant to the Texas
State Library for MURL (Major Urban Resource Library) SFY 1998 in the
amount of $22,046.00 for audio visual materials and the execution of
any and all documents resulting from such submission.
Motion to approve.
Moved : Cm. Perez
Second: Cm. Alvarado
For: 8 Against: 0 Abstain: 0
31. Authorizing the Interim City Manager to submit a grant application to
the Office of National Drug Control Policy in the amount of
$48,540.00 for first year funding of the Multi-Agency Major
Organization Investigation Task Force for the period of October 1,
1996 through September 30, 1997. This grant will pay the overtime,
travel, equipment and supplies for two Laredo Police Officers.
Motion to approve.
Moved : Cm. Perez
Second: Cm. Alvarado
For: 8 Against: 0 Abstain: 0
32. Authorizing the Interim City Manager to enter into and execute an
interlocal government agreement between the City of Laredo and the
County of Webb to provide funding for the Meals on Wheels Program at
a cost of $18,750.00 and the Elderly Nutrition Program at a cost of
$25,000.00; contract term for 12 months commencing retroactively on
October 1, 1996; providing for severability and effective date.
Motion to approve.
Moved : Cm. Perez
Second: Cm. Alvarado
For: 8 Against: 0 Abstain: 0
IX. CITY COUNCIL DISCUSSION AND PRESENTATION
33. Discussion and possible action regarding possible partial settlement
agreement in Cause No. C-95-00259-02 styled Jacaman Investment Group,
LTD., John S. Jacaman Cattle Company, LTD., John Jacaman and Laura
Jacaman Sanchez v. City of Laredo, with possible Executive Session
pursuant to Section 551.074 (A) (B) of the Texas Government Code.
Ray Rodriguez, Asst. City Attorney, was requesting that this item be
tabled.
Motion to table for the next Regular Council Meeting.
Moved : Cm. Perez
Second: Cm. Valdez
For: 8 Against: 0 Abstain: 0
X. COMMUNICATIONS
None.
XI. CITY COUNCIL DISCUSSION AND PRESENTATION
34. Requests by Mayor and City Councilmembers for discussion and
presentation.
A. Requests by Mayor Saul N. Ramirez, Jr.
1. Recognizing U.S. Marine Sgt. Cruz Vargas for his valiant and
unselfish efforts in stopping and rendering aid to four accident
victims on U.S. Highway 359.
Mr. Bill Swisher read a letter of appreciation from the U.S. Dept.
of Immigration and Naturalization Border Patrol to Sgt. Cruz Vargas
who provided first aid to four victims of a traffic accident. He
added that there were four marines instead of one who were present
and who stood out and beyond the call of duty and was requesting
that three additional certificates of "Outstanding Citizens Awards"
be prepared for these three Marines that were involved in this
rescue, Sgt. Cruz M. Vargas, Corporal Luis D. Sencion, Lance
Corporal Eduardo Jimenez, and Lance Corporal Jose A. Garcia.
At this time recognition and presentation of "An Outstanding Citizen
Award" was presented by Mayor Ramirez on behalf of the City of
Laredo.
2. Discussion and possible action concerning approval of the terms set
forth in the February 13, 1997, letter from Webb County Judge
Mercurio Martinez, Jr., concerning providing fire, Hazmat and EMS
protection to the unincorporated areas of Webb County.
David Cortez, Webb County Commissioner, was before council and asked
that they consider the letter sent by Webb County proposing an
amended contract for fire, hazardous material response and emergency
medical services as proposed and setforth. He added they are very
concerned and that the stability in the county is very important.
Florencio Pe¤a, City Manager, stated that at the present time they
are on target to establish the industrial districts effective March
16th. They sent out over 100 notices to property owners that
effective March 16th they must come in with a contract or we would
cease services. The process would take a substantial amount of
administrative work and they feel that this proposal is something
they can look at.
On item "A" they are asking for a six year proposal and that he
feels that a three year would be something they could work with.
Item "B" has two elements to it, one is to repeal the industrial
district ordinance and there is no need to repeal because it would
be of no force and effect and they do not think it is necessary.
Mayor Ramirez stated he received calls from property owners out
there that they just want to have some certainty from one day to the
next, that they will not have to be scrambling around to negotiate
something with the city, and if we can advise them that until they
hear from the city officially, that everything is null and void
subject to our continued contract with the county and subject to
them cancelling or expiring.
Cm. Casso pointed out that the original contract was for
$400,000.00, they established the industrial districts, now the
county is coming back with $500,000.00 which is what the city
originally wanted, however there are some stipulations on items A-D
that he thinks they should send it back to the Metro Committee to
discuss, further negotiate and then bring back to council at our
next council meeting because there are several things that he is not
in agreement with.
Mayor Ramirez stated that the proposal from the county is to still
provide fire service to the county, they will not discontinue
service as of March 16th. If they do not come to terms, discussion
needs to take place on how they are going to handle the mechanics of
advising property owners that they are no longer responsible to
contract with the city as a result of this agreement. Also, the
lessor terms and conditions that the committee would like to look
at, which are not of concern, but need to be reviewed. He asked
that a committee meeting be posted to discuss this issues, that the
county be advised of this meeting, and that this item be brought
back on March 3rd.
Several issues need to be discussed with the committee such as the
six year term, the industrial districts, notifications, prepare the
contract or documentation that needs to be executed with terms and
stipulations.
Cm. Bruni stated they will set up a meeting with the county at their
earliest convenience, discuss this issue and bring back a
recommendation.
Motion to table the item, send back to the Metro Committee for
further negotiations, and bring back on March 3rd meeting for
definite action.
Moved : Cm. Casso
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
3. Presentation by Reverend Jan Garza of the Calvary Center, Inc.,
concerning their request for funding assistance from the City with
possible action.
Motion to table this item for March 3rd.
Moved : Cm. Perez
Second: Cm. Guerra
For: 8 Against: 0 Abstain: 0
B. Requests by Councilmember Louis H. Bruni
1. Discussion and possible action requiring developers to obtain a
special use permit for all future retention ponds and status report
on the ordinance requiring the concrete lining of all future
retention ponds.
Cm. Bruni stated for the record that the ordinance that he wanted
staff to prepare is not to concrete line all of the retention ponds,
he just wants the part of the retention pond, the dam part that has
the pressure points from the water it is holding back. He wants
some input from the Engineering staff on where it would have to be
concreted because it does not make sense to put concrete lining on
the bed, just where the pressure is. He added that District II is
expanding to the east and has a lot of creeks in that area and would
like to have some kind of control on future retention ponds that are
built in District II. The way the ordinance is written right now,
council does not even know when they are put in, or contemplated on
being put in. He would like to see that these retention ponds go
through Planning and Zoning to require a special use permit, that
way he would be informed of what is going on at District II.
Mayor Ramirez stated that the permits have to be city wide, when
they establish them, but because there are a great number of creeks
in his districts and most permits would be requested from his
district he said it is a valid request. He added that they are also
working on the Flood Plain re-designation from FEMA, they have
addressed the down river improvements, but they will be addressing
the ones up creek. He said that Cm. Bruni's request is a valid
request and one that council should support and endorse by way of a
motion.
Mr. Del Trautman stated this is a big issue and expressed concern
over the construction of retention ponds. He added that this has to
be addressed as an overall problem, not only as a district problem.
Florencio Pe¤a, City Manager, clarified if the motion is to
immediately develop specifications for concrete lining retention
ponds, and incorporate it into our zoning process, plus the use of
land for retention ponds. He stated this requires research because
it is not the traditional zoning kind of an issue and needs a legal
opinion.
Motion to have control over future retention ponds built in District
II, that they develop specifications for concrete lining retention
ponds only on pressure points and that special use permits be
required in order that council is aware of these retention ponds
being built.
Moved : Cm. Bruni
Second: Cm. Casso
For: 8 Against: 0 Abstain: 0
2. Status report on several fires that occurred on the Union Pacific
Railroad right-of-way on IH 35 at the 12 mile marker with possible
action.
Chief Mike Garza, Fire Department, stated that they are talking
about two specific days, the first fire occurred on January 16th.
In this incidence they had a fire at approximately the 12-mile
marker and this fire was bounded on the west side by the railroad
tracks. They had one unit, for a few hours extinguishing this fire,
the origin of the fire was not determined. On January 31st they had
a series of fires that occurred alongside the railroad tracks and
the first one occurred around the intersection of Mines Road and the
railroad tracks, a second call came in of another fire at
approximately the 8-mile marker, and again along side the railroad
tracks and the third fire occurring approximately at the 11-mile
marker. In all the fires they had four units and one tanker
extinguishing these fires. The cause of these fires is also
undetermined.
He explained that every once in a while they get reports of the
train, that as it passes by it sometimes has trouble with the wheels
whereby they get locked and whereby the resulting sparks set off
fires in the surrounding vegetation. Also they had a report from
one of the captains who reported that it seemed that individuals
possibly illegal immigrants aboard the train had been setting or
throwing off some devices possibly as the train is moving northward
causing these fires.
Cm. Bruni stated that one of the fires that he witnessed was on the
12-mile marker near the fuel farms and since the city has an
interlocal agreement to provide fire services to the county and
certain industrial parks. He was wondering if it had continued to
spread and the fire department had not reacted so promptly, are
there any fire breaks that would have cause this fire to remain on
the Union Pacific Railroad vs. continuing its prevailing wind
pattern up to the southeast and would have gone into this particular
area.
Mr. Garza stated that in some locations there are natural fire
breaks, they did look at some areas around 12-13 mile marker and
there are no breaks on a particular area towards the east where
vegetation was high and in a type of location where it can be taken
care of. Some places have no breaks at all depending on the amount
of vegetation.
Mayor Ramirez asked that Chief Garza contact the Union Pacific
Safety Office and check with them to see what they have for fire
breaks or other options such as berms whereby they can help the Fire
Department by stopping the fire from crossing over to where they are
able to respond to a fire after it is called in. Also, what kind of
method can be used to have them report fires as quickly as possible
so we can respond on a timely manner.
C. Requests by Councilmember Alfonso "Poncho" Casso
1. Discussion and possible action regarding the County of Webb removing
the George Washington Statue from City Hall and the City of Laredo
giving a commission to an artist to design a bronze statue of an
Eagle commemorating all the Veterans of Laredo to be placed at the
entrance of City Hall.
(Co-sponsored by Councilmember Louis H. Bruni)
Cm. Casso wants to know when they are going to remove the statue and
wants council to consider supporting two ideas (1) the artist
rendition of an eagle which he presented in drawing and which he
would outside of City Hall where the George Washington statue is now
and (2) another statue facing the county honoring Santos Benavides
since he has never been honored and was a reformer.
Mayor Ramirez stated that they should go out and get public
discussions and stick to our policy of wanting to get monies from
the private sector. He suggested that we go out and see if there is
private interest first to finance it and make it known that we are
interested in putting up a statue.
Cm. Casso stated that it is a good idea to get the private sector
involved and maybe there could be some monies from the hotel-motel
to help.
Cm. Perez wants to pursue the Mayor's suggestion about the other
statues in the airport terminal in conjunction with this project.
Mayor Ramirez stated they will look for private sector support
first.
Hector Farias of the Battle of Laredo Committee explained that they
will stage a re-enactment of Civil War where Santos Benavides and
the regimen defeated the Union Army in 1864. He extended an
invitation to council to this re-enactment.
Margarita Ariaza representing the Webb County Heritage Foundation
spoke of biographical information on Santos Benavides and asked the
council support the proposition of putting a Santos Benavides statue
in front City Hall.
Mr. William Swisher stated he is working with the Re-enactment
Committee and asked support on their proposition.
Motion to replace the George Washington Statue as soon as possible,
with an eagle statue to honor Laredo War Veterans and put a statue
of Santos Benavides on the north side facing Webb County because he
was a political reformist. That the airport terminal statues be
pursued in conjunction with this project looking to see if there is
private sector support for financing of these projects or other
financing options, first.
Moved : Cm. Bruni
Second: Cm. Casso
For: 8 Against: 0 Abstain: 0
2. Discussion and possible action to rescind ordinance #95-O-170 which
concerns encroachment agreements.
Cm. Casso stated he has a situation in his district where two
families are fighting over an encroachment agreement, this has been
going on for months and he does not know what to do about it. He
added it seems they were pointing the fingers at the previous City
Attorney and wants to get to the bottom of this situation.
Marina Sukup, Planning Director, explained that she is familiar with
the case. In this particular case, they researched it and there
were pieces of buildings that were in a right-of-way or an easement.
The history is that one of the parties had made an application for
an abandonment of an alley way subsequently, the attorney for the
other party which is the estate, applied to Mr. Sosa the previous
City Attorney for an encroachment agreement which Mr. Sosa
apparently drew up and had signed, pursuant to an authorization by
the council. They used to bring two or three of these encroachments
before council and council got tired of seeing these encroachment
agreements on the agenda. They have never done it with an alley, in
this particular case there were improvements on an alley and the
improvements were and are still under discussion by the parties.
Cm. Casso wanted feedback from the Legal Staff.
Ray Rodriguez, Assistant City Attorney, stated they did receive a
call from the attorney today that the parties are settling the
matter, but in essence the legal staff would recommend is we come
back with another ordinance and tighten it up and have council bless
each one. Basically it's a system of checks and balances where they
need a term, and it is terminable at the will of the city, he added
what they drew up did not have those provisions.
Motion to rescind ordinance #95-O-170 which concerns encroachment
agreements and come back with another ordinance.
Moved : Cm. Casso
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
3. Status report on the VAQ 94 commercial billboard located at the
intersection of North Merida Drive and Loop 20, with possible
action.
Motion to table indefinitely.
Moved : Cm. Casso
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
D. Requests by Councilmember Joe A. Guerra
1. Presentation by former Mayor Aldo Tatangelo concerning property
taxes and the way they are used to fund school districts.
Mr. Aldo Tatangelo was before council to talk about property taxes
being replaced by sales tax, but his request was not written as he
had requested. He said that the city of Laredo has enjoyed the
sales tax and it has been in effect 20 years. The sales tax when it
started was 1% and the ad valorem tax was 32 cents when it started,
now it is 55.7 and the valuation of properties has gone up four or
five times more meaning that people who own property are not assured
of what the intent of the homestead act is. He added that taxes are
a big burden. The sales tax has grown every year, we collect more
from sales tax than we collect from the ad valorem tax. Some
residents have their houses paid for, but their taxes are not paid
they owe three or more years and their children will inherit that
debt, and that is not the intent. He thinks it would be prudent for
the city to take this seriously. He will be talking about this when
the governor comes to voice his concern. He asked that public
hearings be done on this issue and believes that the time has come
that sales tax should replace ad valorem tax.
Mayor Ramirez stated that it is a good idea for the elderly, they
have tried to increase the exemption which is not enough. They do
need to provide to redesign the formulas for ad valorem taxes or
perhaps look at other ways of taxation besides ad valorem. There
will be four neighborhood meetings at the recreation centers and at
that time they will be discussing the parks master plan and they
should include discussions about taxes to see how citizens feel and
get citizen input.
E. Requests by Councilmember Mario G. Alvarado
1. Recognition presentation for Habitat for Humanities Volunteers.
Motion to table for March 3rd.
Moved : Cm. Alvarado
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
2. Presentation to Guerra Communications for their community
involvement with the "Toys for Tejanitos Project."
Motion to table for March 3rd.
Moved : Cm. Alvarado
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
3. Discussion and possible action on an update regarding traffic count
study for a traffic signal at Mines Road and Ranch Viejo area.
Luis Landin, Traffic Director, submitted copies of the completed
traffic signal warrant studies as requested by Cm. Alvarado and
elaborated on it. He said that on Rancho Viejo the count indicates
that a traffic signal is warranted, however at this time no funds
are available to install a traffic signal and this signal has to be
approved by TxDot because it is on FM 1472. They plan to request
monies on the new budget to install a traffic signal at Rancho
Viejo. The report indicates that the signal is merited, the cost is
approximately $45,000.00 and he intends to request funds on the next
budget for this signal.
Mayor Ramirez stated with the process on line, it would be about 90-
120 days to get these signals.
Cm. Alvarado was concerned that this area does not qualify for CDBG
monies, it is a capital improvement project, we do have $288,000 on
the back burner, and added that we also need to realize the amount
of traffic and truck traffic.
Cm. Perez asked that Mr. Pe¤a take into consideration all the
previous requests for traffic counts that council has made.
Mr. Landin stated they will comply with instructions or directives,
come back to council to present them whether they are merited or
not.
Mr. Pe¤a stated that as soon as they complete the traffic service
areas they will be providing the actual figures, where there is a
greater need in terms of volume, they can put a report together and
the cost estimates.
4. Request for a study and recommendation by the Traffic and
Transportation Committee regarding the extension of the Anna Truck
Route to Flecha Lane.
Cm. Alvarado wants this item to be placed on the next agenda, that
it be sent to the appropriate committee so that they can start
dialogue and start working out some efforts. He added that this
item needs to be placed on a fast track because we are looking at
the Fourth Bridge and traffic from Colombia and we need to work this
out to get relief on the traffic congestion that exists in that
area.
Motion to request for a study and recommendation by the Traffic and
Transportation Committee regarding the extension of the Anna Truck
Route to Flecha Lane, plus cost estimates.
Moved : Cm. Alvarado
Second: Cm. Guerra
For: 8 Against: 0 Abstain: 0
XII. PUBLIC HEARINGS
35. Public hearing approving an amendment to the contract with the Texas
Department of Health and budget in the amount of $125,730.00, for the
Immunization Action Plan Project of the City of Laredo Health
Department for the period beginning January 1, 1997, through December
31, 1997; and increasing revenue line item 226-0000-323-4056 from $0
to $125,730.00, and expenditure line item 226-6058 from $0 to
$125,730.00.
INTRODUCTION OF AN ORDINANCE
Ordinance approving an amendment to the contract with the Texas
Department of Health and budget in the amount of $125,730.00 for the
Immunization Action Plan Project of the City of Laredo Health
Department for the period beginning January 1, 1997, through December
31, 1997; and increasing revenue line item 226-0000-323-4056 from $0
to $125,730.00, and expenditure line item 226-6058 from $0 to
$125,730.00.
Motion to open the public hearing.
Moved : Cw. Montalvo
Second: Cw. Moreno
For: 8 Against: 0 Abstain: 0
There was no pubic input.
Motion to close the public hearing and introduce.
Moved : Cw. Montalvo
Second: Cm. Perez
For: 8 Against: 0 Abstain: 0
Ordinance Introduction: City Council
36. Public hearing amending the City of Laredo's 1996-1997 annual budget
by increasing estimated revenues and appropriations in the General
Fund by $5,000.00 and authorizing the Interim City Manager to
implement said budget.
INTRODUCTION OF AN ORDINANCE
Ordinance amending the City of Laredo's 1996-1997 annual budget by
increasing estimated revenues and appropriations in the general fund
by $5,000.00 and authorizing the Interim City Manager to implement
said budget, providing for publication and effective date.
Motion to open the public hearing.
Moved : Cm. Perez
Second: Cw. Moreno
For: 8 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing and introduce.
Moved : Cm. Perez
Second: Cm. Guerra
For: 8 Against: 0 Abstain: 0
Ordinance Introduction: City Council
37. Public hearing amending the City of Laredo Annual Budget for 1996-
1997 for the special revenue fund "Mineral Leases Fund" to account
for the drilling and special use permits fees. Drilling Permits line
item will be increased by $4,000.00 and Special Use Permits by
$400.00 and the Reserve Appropriation line item by $4,400.00.
INTRODUCTION OF AN ORDINANCE
Ordinance amending the City of Laredo Annual Budget for fiscal year
1997 for mineral leases fund to account for the drilling and special
use permits fees. Increasing drilling permits fees by $4,000.00,
special use fees by $400.00 and reserve appropriations by $4,400.00.
Motion to open the public hearing.
Moved : Cm. Perez
Second: Cm. Guerra
For: 8 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing and introduce.
Moved : Cm. Perez
Second: Cm. Casso
For: 8 Against: 0 Abstain: 0
Ordinance Introduction: Cm. Perez
38. Public hearing concerning an ordinance amending the City of Laredo's
1996-1997 Annual Budget in the amount of $59,795.00, for a grant
awarded by the Texas Natural Resource Conservation Commission through
the South Texas Development Council to develop and implement one
Household Hazardous waste Collection and Proper Disposal Program
Event, and authorizing the Interim City Manager to implement said
budget.
INTRODUCTION OF AN ORDINANCE
Ordinance amending the City of Laredo's 1996-1997 Annual Budget in
the amount of $59,795.00, for a grant awarded by the Texas Natural
Resource Conservation Commission through the South Texas Development
Council to develop and implement one Household Hazardous waste
Collection and Proper Disposal Program Event, and authorizing the
Interim City Manager to implement said budget.
Motion to open the public hearing.
Moved : Cm. Perez
Second: Cm. Montalvo
For: 8 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing and introduce.
Moved : Cm. Perez
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
Ordinance Introduction: City Council
XIII. MOTION TO RECESS AND CONVENE AS THE LAREDO MUNICIPAL HOUSING CORPORATION
Motion to recess as City Council and convene as The Laredo Municipal
Housing Corporation.
Moved : Cm. Perez
Second: Cw. Montalvo
For: 8 Against: 0 Abstain: 0
39. Authorization to reject the sole bid submitted by Aranda Iron Works
Inc., Laredo, Texas, in the amount of $162,746.73, for the
installation of security fencing at the Tomas Flores Apartments, and
approval of new bid specifications for the purchase of the fence
materials only. This project has been identified in the 1997 Capital
Improvement Project Budget. Approximately 2,265 linear feet will be
installed around the perimeter of this apartment complex. The bid
submitted by Aranda Iron Works, Inc., is approximately 80% over the
allocated budget for this project. Staff is proposing purchasing the
materials needed and constructing the fence with temporary or
contract employees.
Mayor Ramirez asked if they were going to rebid the item or look for
alternatives.
Mr. Pe¤a answered that they will look for alternatives and see if
they can contract or do it inhouse.
Motion to reject the sole bid submitted by Aranda Iron Works Inc. and
approval of new bid specifications for the purchase of the fence
materials only.
Moved : Cm. Perez
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
Motion to adjourn as The Laredo Municipal Housing Corporation and
convene as the City Council.
Moved : Cm. Perez
Second: Cm. Alvarado
For: 8 Against: 0 Abstain: 0
XIV. ADJOURNMENT
Motion to adjourn.
Moved : Cm. Perez
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
Adjournment time: 7:30 P.M.
I HEREBY CERTIFY THAT THE ABOVE MINUTES CONTAINED IN PAGES 01 TO 27
ARE TRUE COMPLETE AND CORRECT PROCEEDINGS OF THE REGULAR CITY COUNCIL MEETING
HELD ON THE 18TH DAY OF FEBRUARY, 1997. A CERTIFIED COPY IS
ON FILE AT THE CITY SECRETARY'S OFFICE.
________________________
GUSTAVO GUEVARA, JR.
CITY SECRETARY