CITY OF LAREDO
CITY COUNCIL MEETING
CITY COUNCIL CHAMBERS
1110 HOUSTON STREET
LAREDO, TEXAS 78040
5:30 P.M.
M99-R-05 M I N U T E S FEBRUARY 16, 1999
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 G. Agredano, Councilmember, District I
Louis H. Bruni, Councilmember, District II
John C. Galo, Councilmember, District III
Cecilia May Moreno, Councilmember, District IV
Eliseo Valdez, Councilmember, District V
Joe A. Guerra, Councilmember, District VI
Mario Alvarado, Councilmember, District VII
Consuelo "Chelo" Montalvo, Councilmember, District VIII
Gustavo Guevara, Jr., City Secretary
Florencio Pena, III City Manager
Jaime L. Flores, City Attorney
IV. MINUTES
1. City Council Meeting, January 4, 1999
City Council Workshop, January 15-16, 1999
City Council Meeting, January 18, 1999
Motion to approve.
Moved : Cw. Montalvo
Second: Cm. Bruni
For: 7 Against: 0 Abstain: 1
Note: Cm. Bruni abstained on the workshop of Jan. 15-16th.
Motion waive the rules of order and move items under
communications and City Councilmember's requests.
Moved : Cm. Bruni
Second: Cm. Agredano
For: 8 Against: 0 Abstain: 0
V. INTRODUCTORY ORDINANCE
2. Authorizing the City Manager to execute a lease agreement
between the City of Laredo (Airport Fund) as LESSOR, and the
City of Laredo (Laredo Police Department), as LESSEE, for
approximately 3,500 square feet constituting office space
within the 1st floor of Building 132 located at 4719 Maher
Avenue at the Laredo International Airport.
1. Lease term is five consecutive years commencing on
March 1, 1999 and ending on February 28, 2004, and may
be extended for three (3) terms of five (5) years each
ending February 28, 2009 and February 28, 2014 and
February 28, 2019.
2. Monthly rent shall be $2,800.00 and will be adjusted
annually during the primary and extension terms of
lease according to changes in the Consumer Price Index.
Ordinance Introduction: City Council
3. Authorizing the City Manager to execute a lease agreement
between the City of Laredo (Airport Fund) as LESSOR, and the
City of Laredo (Laredo Police Department), as LESSEE, for
approximately 22,000 square feet constituting land located at
4719 Maher Avenue at the Laredo International Airport.
1. Lease term is five consecutive years commencing on
March 1, 1999 and ending on February 28, 2004, and may
be extended for three (3) terms of five (5) years each
ending February 28, 2009 and February 28, 2014 and
February 28, 2019.
2. Monthly rent shall be $150.00 and will be adjusted
annually during the primary and extension terms of
this lease according to changes in the Consumer Price
Index.
Ordinance Introduction: City Council
4. Authorizing the Execution of an interim loan agreement between
the City of Laredo and Norwest Bank Texas, N.A., Laredo, Texas
in the amount of $8,000,000 to facilitate the award of a
contract for the purchase of a Toll Bridge Collection System
upgrade payable from surplus revenues of the City's
International Bridge System, and other matters related to this
subject.
Motion to table for next meeting.
Moved : Cm. Galo
Second: Cw. Montalvo
For: 8 Against: 0 Abstain: 0
5. Setting the maximum speed limits in that portion of Loop 20
between US 83 East towards State Highway 359, within the city
limits of Laredo, Webb County, Texas, as 40 MPH between U.S.
83 and approximately 150 feet east of Los Presidentes Avenue in
and 45 MPH from that point to State Highway 359, as defined in
TXDOT Control Section Map 0086-14.
Ordinance Introduction: Cm. Bruni
6. Amending Chapter 2, Administration, Article I. in general,
Section 2.5 of the Code of Ordinances by adding subparagraph
(c) by providing the place where City Council meetings are to
be held; at City Hall or at any designated council district;
and providing for publication and effective date.
Ordinance Introduction: City Council
VI. FINAL READING
Internet Available: http://www.cityoflaredo.com
Motion to waive the final reading of ordinances #99-O-047,
#99-O-049, #99-O-050, #99-O-051, and #99-O-052.
Moved : Cm. Bruni
Second: Cm. Galo
For: 8 Against: 0 Abstain: 0
7. 99-O-047 Ordinance amending Chapter 31, Article III,
Division 3, Rates and Charges, of the Code of
Ordinances of the City of Laredo, creating a new
subsection (b) thereby adding a provision allowing a
developer or subdivider to transfer municipal water
rights for credit in lieu of water availability fees,
platting fees, annexation fees, special assessments
for water and sewer, water and sewer connection
charges, and impact fees. Directing the Utilities
Director to determine the value of the water rights
transferred to the City of Laredo by an analysis of
contemporary market values obtained through a third
party knowledgeable and experienced in the purchase
of water rights for Rio Grande River Water Rights.
Directing the Utilities Director to set the water
right exchange value for each succeeding six month
period beginning January 1 and July 1 of each year.
(Council member Louis H. Bruni)
Motion to approve Ordinance #99-O-047.
Moved : Cm. Alvarado
Second: Cm. Guerra
For: 8 Against: 0 Abstain: 0
99-0-049 Ordinance amending the Zoning Ordinance (Map) of the
City of Laredo by authorizing the issuance of a
Conditional Use Permit for truck rentals on Lots 2,
3, and 4, Block 1218, Eastern Division, located at
2119 Corpus Christi St.
(Council member John C. Galo)
Motion to approve Ordinance #99-O-049.
Moved : Cm. Alvarado
Second: Cm. Guerra
For: 8 Against: 0 Abstain: 0
99-0-050 Ordinance the Zoning Ordinance (Map) of the City of
Laredo by authorizing the issuance of a Conditional
Use Permit for a flower shop on Lot 10, Block 712,
Eastern Division, located at 220 S. Loring Ave.
(Council member John C. Galo)
Motion to approve Ordinance #99-O-050.
Moved : Cm. Alvarado
Second: Cm. Guerra
For: 8 Against: 0 Abstain: 0
99-O-051 Ordinance approving an amendment to the contract with
the Texas Department of Health and budget in the
amount of $435,686 (which consists of $230,386 in
direct funds from the State and in-kind services
match of $205,300) for an Abstinence Education
Program partnered between the City of Laredo Health
Department and the Laredo Independent School District
for the beginning January 1, 1999, through
December 31, 1999. (City Council)
Motion to approve Ordinance #99-O-051.
Moved : Cm. Alvarado
Second: Cm. Guerra
For: 7 Against: 0 Abstain: 1
Cw. Moreno
99-O-052 Ordinance approving an amendment to the contract with
the Texas Department of Health and budget in the
amount of $5,000 for the Border Health Project of the
City of Laredo Health Department for the period
beginning November 1, 1998 through September 30,
1999. (City Council)
Motion to approve Ordinance #99-O-052.
Moved : Cm. Alvarado
Second: Cm. Guerra
For: 8 Against: 0 Abstain: 0
VII. RESOLUTIONS
8. 99-R-016 Expressing official intent to reimburse costs of
purchase and installation of the Toll Bridge
Collection System upgrade.
Motion to approve Resolution #99-R-016.
Moved : Cm. Agredano
Second: Cw. Moreno
For: 8 Against: 0 Abstain: 0
9. 99-R-017 Accepting a grant from the Texas Department of Health
in the amount of $285,938 for the HIV Ryan White Care
Consortium Project of the City of Laredo Health
Department for the period beginning April 1, 1999,
through March 31, 2000.
Motion to approve Resolution #99-R-017.
Moved : Cm. Agredano
Second: Cw. Moreno
For: 8 Against: 0 Abstain: 0
10. 99-R-018 Declaring the public necessity to acquire thirteen
parcels of land as Drainage Easements for the Chacon
Creek Tributary Project, Phase II. Said parcels of
land being situated in the Blocks 1950 and 2003,
Eastern Division, City of Laredo, Webb County, Texas;
being more particularly described by metes and bounds
and authorizing the City Attorney to initiate eminent
domain proceedings to acquire those parcels that
staff is unable to acquire through negotiations due
to inability to agree to a purchase price, conflicts
of ownership, owner's refusal to sell, and/or
inability to locate record owner.
Motion to approve Resolution #99-R-018.
Moved : Cm. Agredano
Second: Cw. Moreno
For: 8 Against: 0 Abstain: 0
11. 99-R-019 Expressing support of the congressional designation
of El Camino Real de los Tejas as a National Historic
Trail Unit of the National Trails System.
Motion to approve Resolution #99-R-019.
Moved : Cm. Agredano
Second: Cw. Moreno
For: 8 Against: 0 Abstain: 0
12. 99-R-020 Accepting the donation of a 506.97 square feet, more
or less, corner clip at the intersection of St. James
Avenue and Calle Del Norte, from the Amanda Rash
Family, and also accepting the terms of an addendum
to a Letter of Agreement executed between the City of
Laredo and the Rash family, and dated September 23,
1992, by which the Rash family donated a 37.5 foot
wide tract of land to the City of Laredo.
Cm. Valdez publicly thanked the Rash Family for the
donation of the property.
Motion to approve Resolution #99-R-020.
Moved : Cm. Agredano
Second: Cw. Moreno
For: 8 Against: 0 Abstain: 0
13. 99-R-022 Authorizing the City Manager to accept a grant from
the Office of National Drug Control Policy (HIDTA) in
the amount of $50,392 to fund the Multi-Agency Major
Organization Investigation Task Force for the period
of January 1, 1999 through December 31, 1999.
Motion to approve Resolution #99-R-022.
Moved : Cm. Agredano
Second: Cw. Moreno
For: 8 Against: 0 Abstain: 0
14. 99-R-023 Appointment of Laura Bailey and Gladys Zepeda to the
Convention and Visitors Bureau (CVB) Advisory Board.
There are currently two vacant positions on the CVB
Board. The Ad Hoc nominating committee recommends the
appointment of the nominees listed above.
Motion to approve Resolution #99-R-023.
Moved : Cm. Agredano
Second: Cw. Moreno
For: 8 Against: 0 Abstain: 0
15. 99-R-024 Resolving that the City Manager is authorized to
execute a Subordination, Non-Disturbance and
Attornment Agreement between the City of Laredo,
International Bank of Commerce and L.A. Ventures,
Inc., thereby subordinating the lease agreement to
Lot No. 7 authorized by Ordinance No. 95-O-250 dated
February 20, 1999 and authorizing the City Manager to
execute a second lien mortgage as to Lots 1 through 6
with International Bank of Commerce and L.A.
Ventures, Inc. The subject property is located in
Block No. 1 at the Laredo International Airpark
Subdivision at the Laredo International Airport.
Motion to approve Resolution #99-R-024.
Moved : Cm. Agredano
Second: Cw. Moreno
For: 8 Against: 0 Abstain: 0
VIII. MOTIONS
16. Consideration of approval of bid specifications and
authorization to advertise for bids for the following:
a) assembling and installation of 1484 street name blades in
371 non-CDBG intersections.
b) assembling and installation of 1252 street name blades in
313 CDBG intersections.
Motion to approve.
Moved : Cm. Alvarado
Second: Cm. Agredano
For: 8 Against: 0 Abstain: 0
17. Consideration to approve the bid specifications for the
proposed public sale of land (4) lots, individually or in the
aggregate totaling approximated 3.2 acres, of commercial and
medical related land located at the Laredo International
Airport and authorizing the City Manager to solicit bids from
the public. The subject property fronts on Saunders (Hwy 59),
the new Mercy hospital on the west side, Gust Street on the
north side and Bartlett and Commerce Bank on the east side.
Motion to approve.
Moved : Cm. Alvarado
Second: Cm. Agredano
For: 8 Against: 0 Abstain: 0
18. Consideration of approval of the construction plans and
authorization to advertise for bids for the Southside
Wastewater Treatment Plant Belt Filter Press Addition with
tentative award on March 22, 1999. Funding is available in
the Sewer 94 Bond SL Belt Filter Press.
Motion to approve.
Moved : Cm. Bruni
Second: Cw. Montalvo
For: 8 Against: 0 Abstain: 0
19. Consideration of approval to reject the three (3) bids for the
Re-Roofing of the Ladrillera Community Center Building Project
due to all the three bids were incomplete and did not comply
with the project specifications, and approval to re-bid the
project with tentative award on March 22, 1999. Funding is
available in the Capital Improvement Roofing - La Ladrillera.
Motion to approve.
Moved : Cm. Bruni
Second: Cw. Montalvo
For: 8 Against: 0 Abstain: 0
20. Consideration to award a construction contract to the SOLE
BIDDER, Cantu America Construction Company, Laredo, Texas, in
the amount of $151,080.00 which is the base bid with a
deductive alternate to remove a Gazebo and Air Conditioning
work for the Canizalez Gym Improvements located at 1600
Guadalupe. Funding is available in the 1998 CO Issue Canizalez
Gym.
Motion to approve.
Moved : Cm. Bruni
Second: Cw. Montalvo
For: 8 Against: 0 Abstain: 0
21. Consideration to award contract number 99-047, to the
LOW BIDDER, Rankin Automatic Transmission, Laredo, Texas, in
the estimated amount of $50,000.00, for an annual contract for
transmission repairs for the Fleet Maintenance Division. The
bid pricing will be firm during the contract period and all
repair work will be secured on an as need basis. The bid
pricing is approximately the same as the previous contract.
Motion to approve.
Moved : Cm. Bruni
Second: Cw. Montalvo
For: 8 Against: 0 Abstain: 0
22. Consideration to award contract 99-048, to the LOW BIDDER,
Goldthwaites's of Texas, Inc., Fort Worth, Texas, in the amount
of $39,884.00, for the purchase of four, riding mowers with a
72" cutting deck. Delivery of the new mowers is expected
within forty five days.
Motion to approve.
Moved : Cm. Bruni
Second: Cw. Montalvo
For: 8 Against: 0 Abstain: 0
23. Consideration to accept the Construction of Sidewalks at the
Approaches to Clark Elementary School on Hillside Street from
Yeary to Haynes, and approval of final payment in the amount of
$6,248.81 to Dominguez Development and Construction, Laredo,
Texas. Funding is available in the Capital Improvements Clark
Elementary Sidewalks.
Motion to approve.
Moved : Cm. Bruni
Second: Cw. Montalvo
For: 8 Against: 0 Abstain: 0
24. Consideration to authorize the City Manager to execute a
contract with, Juan Gamez, Miguel Gamez and Hector Chapa d/b/a,
J&H Concessions to provide food and beverage concession and
alcoholic beverage operations at Veterans Field for a twelve
(12) month term.
Motion to approve.
Moved : Cm. Bruni
Second: Cw. Montalvo
For: 8 Against: 0 Abstain: 0
25. Consideration to refund property tax to the following
taxpayers:
a. Garza, Jorge and Suzan S. in the amount of $863.94 due to a
double payment.
b. Hilario, Luis Jr. and Maria Elena in the amount of $689.38
due to a double payment.
A taxpayer may request a tax refund if an overpayment or an
erroneous payment was made.
Motion to approve.
Moved : Cm. Bruni
Second: Cw. Montalvo
For: 8 Against: 0 Abstain: 0
26. Consideration to approve monthly adjustments to the tax roll.
It was recommended by the City Attorney and the Tax Collections
Attorney that Council should receive a monthly report updating
the Council-approved tax roll for adjustments. The report
should be adjusted monthly to coincide with the monthly
adjustment report. These adjustments are produced by the County
Appraisal District and by Court Orders.
A. October 1998
B. November 1998
C. December 1998
D. January 1999
Motion to approve.
Moved : Cm. Bruni
Second: Cm. Agredano
For: 8 Against: 0 Abstain: 0
27. Consideration to authorize the City Manager to award 1998
Emergency Shelter Grant funds (ESG) made available by the U.S.
Department of Housing and Urban Development in the amount of
$111,055 to Stop Child Abuse and Neglect, Inc. (SCAN) for the
rehabilitation of the SCAN Emergency Youth Shelter to include
the costs associated with design and construction of additional
facility space and other general improvements and authorizing
the City Manager to enter into contract.
Motion to approve.
Moved : Cm. Bruni
Second: Cm. Agredano
For: 7 Against: 0 Abstain: 1
Cm. Alvarado
Cm. Alvarado announced that he is abstaining on this time and
has provided the City Secretary with an affidavit to this
effect.
28. Consideration to authorize the City Manager to enter into
contract with the METRO Affordable Housing Corporation (METRO)
in the amount of $47,595 to provide homeless prevention
services with 1998 Emergency Shelter Grant (ESG) funds provided
by the U.S. Department of Housing and Urban Development.
Motion to approve.
Moved : Cm. Bruni
Second: Cm. Agredano
For: 8 Against: 0 Abstain: 0
29. Consideration to approve the selection of a consultant to
provide professional services for a Federal Aviation Regulation
(FAR) Part 150 project to soundproof existing structures
located in residential developed land within the 65 DNL noise
contour and in exchange for soundproofing obtain an avigation
easement and authorize the City Manager to negotiate a
professional services contract with the selected firm. A
recommendation regarding the selection of a consultant will be
made during the 2-16-99 City Council meeting.
Jose Luis Flores, Airport Director, reported that they made a
presentation to the Engineering Committee and that the
recommendation from staff and from the committee is W.D. Shock,
Inc.
Motion to approve.
Moved : Cm. Bruni
Second: Cm. Agredano
For: 8 Against: 0 Abstain: 0
IX. STAFF REPORTS
30. Consideration with possible action on the 3500 block of South
Bartlett, 400 block of South Seymour and South Ejido from Loop
20 to Gates.
Cindy Collazo, Community Development Director, explained that
these are actually paving inquiries and reported the following.
On the 3500 block of South Bartlett there is a portion of the
street that is paved, although there is a portion that is not.
The reason for that is that it is privately owned. It is
approximately about 4,400 square feet and there is an apparent
landowner. They have an estimate now, the land is basically
approximately $14,300.00 plus the paving with curb and gutter
would be about $10,000 for a total of about $24,300. They can
see if the landowner would be willing to donate it, but the
only thing is that this particular project is not funded at
this time. She added that the people are presently using it as
a street and there is a perception that it is city property,
but it is not.
City Manager Pena said that they do think that it makes sense
to connect this property for circulation of the area, but it is
not identified in the CIP at this time. In order to the get
the ball rolling with this project, they need City Council
direction to begin looking at alternatives to pave it and if it
cannot be done this year to at least get the process started.
Motion to instruct staff to start the process to acquire the
property and begin looking at alternatives to pave this
property to have a better feel of how much would be needed to
get this project done possibly by next year.
Moved : Cm. Agredano
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
In reference to South Ejido from Loop 20 to Gates, this is
approximately a four block area that is not paved and that ends
into the creek. She added that Mr. Rivera has asked the legal
staff to go ahead and provide us with a determination as far as
the ownership. As soon as that determination is received they
can go ahead and look at that. This project is not funded
right now, but they at least need to provide or be able
to obtain, the ownership data on it.
Rogelio Rivera, City Engineer, said there is a deed that dates
back to 1954 when the land was transferred. What they are
asking legal staff is to research and see if it is still the
same owner or who the current owner is. These are about four
blocks and the right-of-way is about 20-25 feet only, but if
they were to open the street they would probably have to
purchase additional land from the adjacent owner.
Cm. Agredano said that one of the biggest problems there is
that people are using it to dump trash on east side.
Motion to instruct staff to proceed to acquire the property.
Moved : Cm. Agredano
Second: Cw. Moreno
For: 8 Against: 0 Abstain: 0
In reference to the 400 block of South Seymour, City Engineer
reported that there has been some illegal dumping in that area
also. The concern there is also that they have filled up a
portion of Milk Avenue with illegal dumping and in doing so
they have blocked the drainage. There are concerns by some of
the adjacent owners that if and when a big rain might occur,
that they might get flooded. He concluded by saying that this
is not a project in the Capital Improvements, but that they do
need to make a study and see if they can take the water
underground into the large creek near the area. The creek is
about 15 feet deep or so, but it runs to private property.
Cm. Bruni said that they (Cm. Galo and himself) have met with
some of the owners in the area. He added that apparently there
is a church in the area and the priest was cited. He was sent
a strong letter from staff and he was somewhat upset. What he
would like to see is if we can extend the underground storm
drain through that area. He asked for a report on extending
the underground storm drainage to fill in that area.
Motion to do a study on extending the underground storm
drainage.
Moved : Cm. Galo
Second: Cm. Agredano
For: 8 Against: 0 Abstain: 0
31. Status report of the City of Laredo International Airport Noise
Compatibility Program for the month of February 1999.
Cindy Collazo, Community Development Director, reported the
status on the Noise Program for the month of February. She
said they have 19 appraisals, 18 review appraisals have been
completed, they have offers that have been presented to 16
families and of those 16, nine have already accepted. They
have completed and acquired five properties, two of which will
be closed this week. They have three families that have
requested participation in the Acoustical Treatment Program and
seven under the Avigation Easement Program. There are still 17
families that are undecided, one that did not qualify because
they were not owner occupants and three that have indicated
they do not wish to participate at this time. They will go
back and make sure that these three families fully understand
the program and if they do not want to participate then they
will move on to the rest of the families.
As far as the Acoustical Treatment Program is concerned, City
Council has approved this evening the recommendation to proceed
with the negotiation of a contract.
In reference to the Avigation Easement, they are working very
closely with the appraiser. She added that he has run into a
stumbling block with the completion of the appraisal because he
needs additional information. She added that they wanted to
sell that information to him which would exceed the contract
amount that we currently have. She asked Mr. Flores to make
contact with one of the airports in the State of Texas to see
if we can facilitate that information so that the report can be
completed.
They also sent 32 certified letters to the area residents that
were undecided or had opted for the Acoustical Treatment or the
Avigation Easement letting them know the status of where we
were on the project so that they would not feel that perhaps
they have been forgotten.
She concluded by saying they are pretty much on target and are
pushing the appraiser to try and get the information as soon as
possible. Mr. Flores has already made contact, but if this
becomes a little difficult she will call the Mayor and perhaps
she can help them obtain the information.
Cm. Galo recommended that staff look into the lease program.
He said that maybe they can put them in one of our housing
corporations and asked that they bring back recommendations.
Motion to move items #32 and #33 at the end of the meeting.
Moved : Cm. Valdez
Second: Cm. Galo
For: 8 Against: 0 Abstain: 0
32. Request for Executive Session pursuant to Texas Government Code
551.074(A)(1) to evaluate the performance and pay of City
Manager, Florencio Pe¤a III, and return to open session for
possible action.
Motion to go into executive session pursuant to Texas
Government Code 551.074(A)(1) to evaluate the performance and
pay of City Manager, Florencio Pe¤a III.
Moved : Cm. Alvarado
Second: Cm. Valdez
For: 7 Against: 0 Abstain: 0
(Cm. Guerra was not present)
After executive session Mayor Flores announced that no formal
action was taken in executive session. She stated that they
spent a good deal of time coming up with a very positive
evaluation process for our City Manager.
Motion to use that evaluation tool so that they can present a
more systematic evaluation of our City Manager.
Moved : Cm. Galo
Second: Cm. Alvarado
For: 7 Against: 0 Abstain: 0
Mayor Flores asked City Manager Pena to use that form to
evaluate himself and turn that evaluation to City Council the
following Monday, then they will use his evaluation as well as
their own to evaluate him on March 1st and at that time they
will complete the evaluation of the City Manager.
33. Request for Executive Session pursuant to Texas Government Code
551.071(1)(A) to discuss pending litigation regarding the City
of Laredo vs. Laredo Distribution Center, Inc., a Texas
Corporation, Cause No. 99CVQ00005-C1, and return to open
session for possible action to hire trial counsel Bickerstaff,
Heath, Smiley, Pollan, Kever, and McDaniel, L.L.P.
Motion to go into executive session pursuant to Texas
Government Code 551.071(1)(A) to discuss pending litigation
regarding the City of Laredo vs. Laredo Distribution Center,
Inc., a Texas Corporation, Cause No. 99CVQ00005-C1.
Moved : Cm. Agredano
Second: Cm. Alvarado
For: 7 Against: 0 Abstain: 0
(Cm. Guerra was not present)
After executive session Mayor Flores announced there was no
formal action taken in executive session.
Motion to authorize City Manager to hire trial counsel
Bickerstaff, Heath, Smiley, Pollan, Kever and McDaniel, L.L.P.
to assist the City Attorney in representing the City in pending
litigation regarding the City of Laredo vs. Laredo Distribution
Center, Inc., Texas Corporation, Cause No. 99CVQ00005-C1.
Moved : Cm. Alvarado
Second: Cm. Bruni
For: 7 Against: 0 Abstain: 0
X. COMMUNICATIONS
a. Mayor Flores announced that the first item of communication is a
presentation from Mr. Jesus Hernandez and others to Councilwoman
Montalvo.
Mr. Jesus Hernandez, GI Forum Commander, said he was before
City Council with a medal that will be presented to Councilwoman
Consuelo Montalvo that belonged to her mother in honor of her
son who served during the war.
Mr. Alex Gonzalez presented a "Medal of Honor" to Councilwoman
Consuelo Montalvo on behalf of the G.I. Forum honoring her
brother Rodolfo "Rudy" Gonzalez for his service and dedication
in the Vietnam War.
Mr. Hernandez said he will be bringing two proposals at the next
council meeting.
Cw. Montalvo thanked Mr. Hernandez and members of the
organization for the honor bestowed to her and to her mother who
passed away. She said she cannot replace her mother, but
expressed that this was her brother and that she feels happy
that he served his country.
b. Ms. Sylvia Romero stated she was before council as a concerned
citizen and most importantly as a concern parent. She said she
is a mother of three children who attended public schools in
Laredo. Her youngest is a Junior at Nixon doing well, her
oldest works and attends college at LCC, but her son Carlos
Romero who is a middle child is attending Texas A&M in College
Station. This is his third year at Texas A & M. On the latter
part of last year he applied and took an exam to go into dental
school, he received a letter of acceptance from University of
Texas. Since he graduated he told his family that he wanted to
be a dentist and come back to his home town and give something
back to his community.
On Friday, February 12th his dream almost didn't come true. She
said they almost lost their son. He had come down that same day
from Texas A&M to spend the weekend and after he arrived, he
went to Walmart for buyings of not more than $5.00. When he was
coming back from Walmart he was in a terrible accident and his
life was spared.
Note: At this time a video was shown so that council could see
how bad the accident was on IH-35.
Mrs. Romero explained that while he was driving on IH-35
returning home, when he changed lanes to the left and being that
there was a slope he was unable to see the 18-wheelers parked on
the left lane. He did see the police vehicle, but he did not
think anything of it. She continued saying that he does not
come down to Laredo often so he did not realize why the police
vehicle was there and that it was there because of the trucks.
He had time to brake, but it was not enough to avoid the truck
so his car drove under the truck. Her son says he came inches
from death. He was pinned inside and the top of the car had to
be removed in order to take him out. She publicly thanked the
paramedics, the Fire Department for doing a great job in taking
him out from there.
When they got home they received the phone call that her son was
in the hospital and that he has had an accident. They rushed to
the hospital and when they went in and saw him sitting down
shaking but alive, they thanked the Lord. She added he had
minor injuries due to the broken windshield and they were able
to bring their son home with them that evening. She concluded
by saying that they keep thanking the Lord that his life was
spared. There was also another accident right after this one
the same day. She has tried to figure out why this had happen
and one result was to come and speak to before City Council
about the danger that 18-wheelers are causing parked there. She
knows that there have been efforts to let motorist know that
they are there, but that is not enough. It has always been her
opinion that a highway is not for parking, that is why highways
have shoulders that can be used in case of an emergency. She
added that this is a "freeway" and it certainly is not for
stationed vehicles so why are those trucks parked there? Is it
because it is great business for the community? She considers a
life more important than anything else.
Mrs. Romero quoted, "Lives have been lost due to these trucks
parked there, there have been numerous accidents, due to those
trucks being there and I ask you, how many more lifes and dreams
are going to be lost before something is done to remove them for
there? How many persons will suffer the pain of losing a loved
one just because no real action is taken to remove them from
there. This past Friday was my son...and we almost lost
him....his sisters almost lost a brother, whose loved one will
be next? Will it be one of yours...or anybody else in the
community....I pray not and I hope I have made a good impression
to you Mayor and the Councilmembers to see what can be done to
remove those trucks from there and re-route them some other
way."
c. In another note, Mayor Flores announced that she received a
letter from Pedro Garza, Regional Director from the United
States Department of Commerce, on her recent trip to Washington
to attend the U.S. Conference of Mayors and for the signing of
the Memorandum of Agreement. She read, "Please know that EDA
will continue to support efforts to champion environmental
protection and to promote economic development in the Rio Grande
Border Region. Our policy analyst, Jennifer Cam and I look
forward to future opportunities to work with you in helping your
community."
Mayor Flores stated that she also received a letter from the
United States Environmental Protection Agency which pretty much
says the same thing.
She announced that there was another letter received from the
White House and others. She said she knows that the Memorandum
of Agreement was important to many people and the federal
agencies that sign-on to it.
d. At this time Mayor Flores asked the Councilmembers indulge her a
few minutes and quoted the following:
"On February 14, 1998 the people of Laredo elected me to be
their mayor for the unexpired term of now Deputy Secretary Saul
Ramirez. On May 2, 1998 they elected me to a four year term. I
want to offer a sincere thanks to the people of Laredo, to my
family and friends who believed in me. I want to thank the
members of City Council and the employees of the City of Laredo
who have offered their support, their expertise and their
advise. Special thanks to staff and members of LDF, the Chamber
of Commerce, and all the organizations that took time to keep me
inform and to accompany me and others in our advocacy trips. I
want to thank the County Judge and members of the Commissioner's
Court and Webb County staff for their support and help this past
year. I want to thank the leadership and the staff of those
government agencies in Laredo that have helped me help the
people of Laredo. And I especially want to thank the people who
take time out from time to time to offer me a note of
congratulations, who tell me they pray for me, my health and my
family because they are proud of me. I want to thank the
children for reminding me every day that we have not done
enough. You all have made my job a joy!
Tonight I would like to comment on my year as Mayor of one of
the most dynamic cities in this country and of this century. It
has been at times sweet and at times bitter. Just after my
election I lost my father. A man who taught me the importance
of community service. A man who taught me to enjoy every day
for its wonder and its peace.
You all may know that I have been very busy. Some of you may
remember that I often mentioned during my campaign that Laredo
needed a mayor that could dedicate lots of time to the duties
and responsibilities imposed upon by a fast growing city and its
people. Duties and responsibilities not those mentioned in the
City Charter, for surely those "ceremonial duties" can be done
around anyone's schedule, but the responsibilities of strong
political leadership and advocacy that this border city
deserves. I did not know at the time how right I was, for this
is the only part time job I have ever had to do full time and
then some! I propose to you that in order not to loose
momentum, in time we must revisit our charter and the
expectations we place on future mayors. Why? Because on this
southern Border, but far more in Laredo the term "global
competition" has been transformed into substantial, real-world
economic growth through foresight, experience, and hard work.
The effects of political and economic changes of two countries
are immediate, tangible and visible in the streets.
The wisdom of folly of political action is quickly shown in the
harsh light of economic reality from state and federal
government entities as well as the private sector. It is
incumbent on us to do everything we can to be respected as the
front door to the United States. To be respected is to be
understood. We are at the center of the primary trade route
connecting Canada, the United States, and Mexico and the
doorstep of Mexico's burgeoning industrial complex.
Because the Border has endured hardships brought about by
battles among Spaniards, Indians, Mexicans, Texans, Americans,
Yankees and Rebels and has been both battered and blessed by
shifts in the policy decisions of two powerful nations, the
Border is a lesson in survival. With its own culture and sense
of purpose, and its own vision of what the future could be for
all people, this border is a lesson for the future. Laredo is
in the middle of it all. For Laredo is the only U.S./Mexico
border city strategically positioned at the convergence of all
land transportation system: Mexico's principal highway and
railway leading from Central America through Mexico City,
Saltillo and Monterrey, the industrial heart of Mexico where
they meet two major U.S. rail lines, Interstate 35 and other
roads which fan outwards to the urban centers and seaports of
Texas and beyond to the Northern States.
After 150 years of neglect, of having to "go it alone" the
border has been receiving some very welcomed attention. I take
this opportunity to thank my predecessors and previous members
of the city staff for opening the doors and keeping their foot
there so that the doors would not shut on us. Our job now is to
cease every opportunity, every challenge and make it work for
us. The interest in our City may have begun as a result of
NAFTA and reports of tremendous growth. Currently,
approximately 15,000 Laredoans are directly employed in trade
handling, another 22,000 are indirectly employed because of
trade handling. In other words, well over 50% of Laredo jobs
are owed to international trade. But NAFTA must be seen only as
a part of our economic process. In this process we must include
the maquiladora programs that helped spur the growth of Laredo's
transportation industry. The maquiladora plants served by the
Port of Laredo, are much more capital intensive than the hand
assembly operations found in other border city areas, plants
which are more in need of Laredo's multi-model rail, air cargo
and highway connections. For this reason, the growth of
maquiladora plants in Nuevo Laredo and Northern Mexico has had a
powerful impact on Laredo's economy. We have lots of figures
that show our amazing growth: telephone connections, new
vehicle sales, new housing and new building permits, sales tax
rebates and the number of people employed. We are already an
important center for higher education and international business
studies, but we must expand our job training skills, we have a
tremendous opportunity to make Laredo a regional health center
and to expand our retail sales and by capitalizing on our
beautiful river and historic downtown we can easily expand
tourism. But we must be counted in order to improve our funding
opportunities and get our tax dollars back to Laredo. Our city-
wide motto for the 2000 census should be, "Have you been
counted?" This should be on a mouth of every man, every woman,
and child in this city.
In order to be successful we must be responsive to the needs of
All Laredoans. Laredoans, should have access to safe housing,
health care, child care, education and job training as well as
access to capital. For this to happen, Laredo must stay united,
aggressive and positive. City, County and school government,
the private and non-profit sectors, the religious community, the
media, the children, young people and their families. We have a
very young, very accessible work force-lets train them. We must
look to our sister city and combine our efforts to stop illegal
drugs, illegal dumping, and contraband. Together we can clean
up our river and stop the problem we have with stolen vehicles.
Every resident of Nuevo Laredo and every resident of Laredo
must take responsibility for their community. If we throw trash
on the road or break the laws and ordinances we disregard our
City--we break our neighborhoods, our families. This is very
personal. We must do something together every day to strengthen
our family, our neighborhoods, our City.
On this southern border, you will find the most patriotic people
in the world. You will find the warmth, the joy, the hope of a
region compressed between nations, between cultures, between
economies, between histories.
This week as we go deep into the celebration of our founding
father, George Washington, I would like to end by remembering
the words of another George Washington--George Washington
Carver: "How far you go in life depends on your being tender
with the young, compassionate with the aged, sympathetic with
the striving, and tolerant of the weak and the strong. Because
some day in life you will have been all of these."
Thank you Lord for everything you give me. Bless the people of
Laredo"
XI. CITY COUNCIL PRESENTATION AND DISCUSSION
34. Requests by Mayor and City Council members for presentation and
discussion.
A. Request by Council member Louis H. Bruni
1. Status report with possible action on the request by
Enron Oil and Gas Company to plug and abandon two
existing, non-producing gas wells on the Northeast corner
of McPherson and Del Mar Boulevard.
(Co-sponsored by Council member Joe A. Guerra)
Cm. Bruni reported that about two months ago they had a
Drilling Oil/Gas Review Committee Meeting of which he is
the chairman. Enron Oil/Gas Company approached the
committee at that time and what they wanted to do is
abandon these two gas wells that are about 160 feet to
the north of a new McDonalds. They stressed that these
gas wells were non-producing, that there was some
lingering gas in them and that they had about 500 pounds
of shutting pressure. When the committee reviewed the
oil and gas ordinance and when they told them the
concerns that we had and what we expected them to do as
prudent operators, they said that they would get back
with us.
Cm. Bruni continued saying that he has spoken to Mr. J.
Trautman (surface owner) who has told him that he has
been trying to communicate with Mr. John Newman, with
Enron, and the Enron landmen for the past two months and
since the meeting was held, but they have not come to the
phone for Mr. Trautman. He told Mr. Trautman that he
would put this item on the agenda.
They have also tried to amend oil/gas ordinance to
include language whereby they would be forced to plug
these wells. These wells might not be producing value to
the oil companies, but there is always lingering gas in
them and if they were to have a seal or if a well-head
were to fail there would be gas that would be leaking and
you could conceivably be looking at a gas explosion.
He thinks that Enron is not being prudent by not talking
to the surface owners who want their surface back and by
not communicating with our staff as to what their
intentions are.
He added that the Trautman Family has hired local counsel
to represent them in getting these wells plugged. He
concluded by saying this is a safety issue and he wants
to know the status of this issue.
Keith Selman, Planning Director, reported that at that Ad
Hoc Committee Meeting their primary of being there was
to inform Enron what they needed to do in the process.
He said they need make application for a drilling permit
under the definitions of what they were doing by pulling
the "christmas tree" off and going back in the well-head
to plug. He said that they really need to do the whole
process again, at this point in time. Enron has not been
back in contact with the Planning staff to initiate that
drilling permit in process. At that time they cited the
provisions of the ordinance to Enron letting them know
what the requirements would be and why they had to come
back for a drilling permit, but again to this point in
time they have not initiated the process of getting a
drilling permit to plug the well.
In regards to the action that council took on revising
our ordinance, that week they did telephone the railroad
commission which was also part of council's directive
requesting information so that our ordinance would
coincide with their regulations. He added that when he
saw this item last week, they called them again so they
should be getting some information soon.
Mayor Flores asked the City Attorney if there are any
other avenues that can be taken besides calling Enron?
Jaime Flores, City Attorney, stated that up to this point
his office has not been involved legally, but they can
certainly take action with Mr. Selman to cite the
ordinance and address some things from his department.
Mr. Selman stated that there is really nothing, only the
request from council to amend the ordinance. There is
nothing requiring them to come in and plug the well.
They did show initial interest in plugging the well, but
they have not made application to do the drilling permit.
Cm. Alvarado stated that the concern here is safety.
City Manager Pena stated that the ordinance doesn't
really address ongoing inspections after abandonment, it
is just silent to that whole issue. He assumes that the
city under state law and under the local government code
has the authority and will investigate this. They can
undertake an inspection of a building or a facility if in
fact there is a concern regarding the safety of that
facility. He concluded by saying they are going to
explore that and discuss this with our City Attorney and
if they can make phone calls to Enron to express the
concern so that possibly we can conduct an inspection of
that specific facility. Then, in the long term basis we
need to probably amend the ordinance to provide the
mechanism to do that. In the short term basis, they will
explore the possibilities of doing an inspection of the
facility for public, health, and safety under existing
state law.
Cm. Bruni said he realizes what Mr. Selman is trying to
do and this would be beneficial to amending our
ordinance which is something he looks forward to doing
and that is to having a strong ordinance because as we
continue to expand and our annexation increases, there is
a lot of existing gas wells that are producing and also
a lot of gas wells that are not producing. These two
wells are special because they are in the parking lot of
the H.E.B. which has hundreds of cars in it, they are 150
feet from the drive through window of McDonalds. He
added that there were certain setback requirements and
that City Council along with the recommendation from the
Oil and Review Committee in order to piece the oil
companies and a piece the surface owners, council went
from 250 to 150 feet to fit in this McDonalds to help the
surface and the landowners. Now he feels that they in
good faith listened to Enron and listened to the
landowners and cut back on the setback requirements to
facilitate a fast food restaurant and an H.E.B with the
promise that when they would deplete those wells they
would prudently plug and abandon as per specifications of
the Railroad Commission and they have not done so. He
expressed that in his view they are not being prudent
operators.
He asked that the Fire Department and the Legal
Department look into our ordinances because he doesn't
think it's proper that these well heads are there, they
are not producing gas, are of no benefit to anybody, but
they are a danger to the residents, the community, and
the people that drive and park there.
Motion to instruct staff to research and see if there is
a legal way as per our city ordinances that calls for
certain safety procedures to take place whereby we can
force them to plug an abandoned gas well.
Moved : Cm. Bruni
Second: Cm. Guerra
For: 8 Against: 0 Abstain: 0
City Attorney Flores said he will proceed to contact
Enron and the counsel for the surface owner as well as
the Railroad Commission and look into our ordinances
right away.
Mr. De Leon said that since they are looking at this
situation, he feels they should also look at the 6400
block of McPherson where there is an abandoned oil or gas
well next to the baseball field where children practice.
He pointed that there is also rusted equipment in that
location and feels they should make that a area safe.
B. Request by Council member John C. Galo
1. Discussion and possible action on promoting El Metro
Parking.
Cm. Galo said that this idea was presented by several
downtown merchants. Their idea was if they could buy
"parking time" per say 100 hours at a time maybe by
giving them coupons worth one hour, tokens worth one
hour, or any item whereby they can promote their
businesses and say "we have free parking at El Metro" and
the only thing they wanted in return was additional
signage. They said that their customers cannot find the
parking lot. For example, somebody coming in from Del
Mar may not be familiar where the new Metro building is
so in fact we do need to have additional direction
signage coming from IH-35.
Viola Sanchez, Marketing Public Relations Officer for El
Metro, delivered council copies of brochure information
that have been done for the parking. She mentioned that
they had a Transit Committee Meeting last Wednesday were
they discussed the marketing campaign for 1999 and within
the marketing campaign presentation she included the
project for parking. What they are planning with the
brochures is to distribute them along with what Cm. Galo
mentioned, a monthly contract application for parking.
They are going to distribute both the brochure and the
contract via direct mail marketing to all the central
district merchants and employers. They are planning to
offer them a special rate within that contract so that
they can buy a book of tickets and offer their clients a
special of "free parking".
Mayor Flores said they have done that already, but what
the merchants now want is additional signage.
Ms. Sanchez replied that is correct, but they have to
discuss and agree on a certain rate to sell to the
merchants. She asked special permission from council to
take this to the Transit Committee to be discussed and
then come back with a recommendation to council. She
said that in addition, they have ordered an entrance
blinking neon parking sign which should be in by the end
of the month.
Cm. Alvarado mentioned that he chairs that particular
committee and reported on suggestions done to Mr.
Segovia on several issues. They are addressing these
concerns, they have a brochure and sign forthcoming for
the entrance of the parking, but one other things that
has been recommended to Mr. Segovia is to get some type
of special promotion going on with the downtown merchants
where they can purchase their parking space for a month
and then get the additional month at a discount rate to
introduce the parking spaces to the downtown merchants.
In conclusion, Ms. Sanchez said they will discuss the
rate with the committee and then bring back the
recommendations to council.
2. City Council confirmation of Javier Santos to the
Cemetery Board.
Motion confirming Javier Santos to the Cemetery Board.
Moved : Cm. Guerra
Second: Cm. Alvarado
For: 8 Against: 0 Abstain: 0
3. Status report on the December 21, 1998 council directive
to meet with VR and Associates Pre-paid Legal Service
Plans, with possible action.
Dan Migura, Administrative Services Director, reported
that he prepared a letter that he gave to the City
Manager outlining a plan of action regarding the prepaid
legal services that were discussed on December 21st.
Basically, what they have prepared is a draft of the
survey that they are going to send out to the employees.
This survey is scheduled to be sent out on the next pay
period (Feb. 26th) with their pay checks. They expect to
get those surveys back by March 5th, process them during
the week of March 8th, tabulate and analyze those, and
then come back to council, if appropriate, with a
resolution to authorize payroll deduction for prepaid
legal services. They will do that on March 15th, however
he suggested that we use the rule of 150 employees that
express enrollment similar to what is done with our union
dues and with other organizations that come in requesting
that we do payroll deductions. Council previously passed
a council action that required them to meet the 150
employee rule. Assuming that they receive 150 employees
expressing an interest they will notify the employees for
payroll deduction and what procedures will take place if
they have interest in this benefit.
He said that he thought we might qualify for Section 125
but has been advised that it wouldn't and that they would
not be favorable pre-tax treatment on prepaid legal
services. They don't see any benefit to adding that to
our section 125 Plan and he would recommend that if
possible that any presentations done regarding prepaid
legal services be done during our August/September
benefit open enrollment period.
Ms. Vicky Romanos with VR and Associates introduced Mr.
Luis Carlos Lucio who gave a run down of what pre-paid
legal is. He said it is a benefit for the middle class
America, 10% of this population is rich and they can
afford any attorney they want, the other 10% are very
poor and are given representation whether good or bad so
that leaves 80% of us (middle class people) in the limbo
because we don't have first class representation because
most of the time we cannot afford it. Pre-paid legal is
from Oklahoma, it is a 27 year old company, it is an
expert in its field as far a legal is concerned, and it
is basically for the Middle Class America. He pointed
that last year alone, 30 million people used our hospital
plan and in the same year 100 million people went into
court litigation, that means you are three times more
likely to need the services of an attorney than you are a
hospital plan. He asked that council to please think
about excluding them from their plans and spoke of the
100 employee rule required. He said most people don't
understand a plan such as this because it is something
very new. They went to the City of Brownsville, they
talked to 400 people and of the 400 they signed up 232
people and of the 232 people they signed up only 19
dropped out for several reasons. He thinks if given a
chance to present this plan to the employees he thinks
they could see the benefit.
Cm. Galo said on the last directive, they had expressed
that you don't need 150 to come on board, what the 150
measurement is for the city to do automatic payroll
deduction. If they sign up one person, they "can" sign
up one person, it was going to be non exclusive and some
other legal firm can come in and try to compete if they
wish so.
Cm. Galo wanted to know why staff is going to make a
survey.
Mr. Migura answered that it was on of the things they
instructed to do to see if the employees had an interest
in pursing this.
Mr. Pena stated if at this point council no longer
desires a survey and they want to establish a program,
they can do that. The resolution would authorize the
deduction and endorses the program taking into account
the principles eluded too, that it be non-exclusive, that
"yes" payroll deduction would be available if it reaches
a certain level, that we would allow pamphlets or
documentation supporting the program to be distributed
throughout payroll, and that it include the annual
enrollment process or a resolution that would address
all these points can be brought at the next council
meeting.
Mayor Flores said the survey was prepared in-house, if we
don't do the surveys then the next step would be for them
to just send out a pamphlet to everybody.
Cm. Galo clarified that they be allowed to send out the
pamphlets as long at they do it at their own expense.
Mr. Lucio explained that what they would like to do is
come before the city employees and give them the
presentation.
Cm. Galo said that can be done in August.
Cm. Valdez stated that he feels that the employees
deserve to be fully informed about the benefits of this
program and feels that the best time to do this would be
in August. He thinks this is an important and needed
benefit because only 10% or 20% can afford to get the
legal representation that they need at times. He feels
that they should be given the opportunity to present
their package in full to the employees.
Mr. Pena said that in regards to non-exclusive, that's
certainly recommended, but at a point they do want to
limit it to a number because it could become a little too
cumbersome. He said they can bring a resolution that
would address the major provisions, that would address
the annual enrollment, the monthly employee orientation,
address non-exclusively, and the 150 registration.
Mr. Migura wanted council to be aware of the difficulty
that staff has regarding this issue is that Mrs. Romanos
has come forth to council and has expressed the desire to
present this service to employees, but he has also been
approached by another associate from San Antonio and from
Corpus representing the same company and they've turned
those individuals back, so he wants to get instruction
from council on how they want him to proceed with these
kinds of requests.
Jaime Flores, City Attorney, said that when we said we
were going to do this through the city, the fact is that
we are not going to do it through the city, the city is
not a party. There is no contract between the city and
these folks, the city has nothing to do with it except
for the payroll withdrawal if at all.
Cm. Alvarado said that at the presentation process we
make it clear that we are not endorsing.
City Manager Pena stated that a resolution would address
issues such that in order to be eligible for payroll
deduction that organization whether it is this firm or
another firm would have to have 150 registered, even if
there are several firms.
Mr. Lucio said Prepaid has a policy, if they are allowed
to come before the city, no other Prepaid Legal member
can also approach from the same company. As far as
Prepaid Legal, whoever gets to contract first is the only
person that is allowed to take care of that particular
company as far as another independent associate.
Cm. Galo asked if this is only for their own company?
Can there be another company? He said that as long as we
are not limiting competition from another company.
Mr. Lucio said no, this is for their own company and
added that they have worked this issue out on their
company.
Mr. Flores clarified if they are just talking about
restricting "an Oklahoma representative"?
Cm. Galo stated that it's not that we are allowing this
company to come aboard, we are not giving them the
contract, you are going to have to present along with
anybody else interested.
Mr. Migura wanted clarification on the survey issue.
Mayor Flores answered that no survey is necessary.
Ms. Romanos said they will come in August to make the
presentation and offer their services.
Mr. Pena said they will write a letter stating that in
August when we have our enrollment process they are
welcomed to come to present their program.
C. Request by Council member Eliseo Valdez Jr.
1. Discussion with possible action on the abatement of
graffiti and vandalism from City Parks and Public
Property through the efforts of our COPS Program and
Adopt a Park Program.
Cm. Valdez said he has received calls from several people
that live around some of those parks. He mentioned that
he has received positive comments about the maintenance
and upkeep of the parks, but the constituents are very
concerned about the graffiti at the parks and are
concerned about the youths that hang around the parks.
He added that the COPS program has been implemented in
some neighborhoods and some of these parks fall within
the umbrella of some of these COPS Programs. Part of
what we are trying to do is encourage the Police to get
involved in the community, walk the neighborhoods, and
what a better way than getting involved with the youth in
the neighborhoods and walking around the parks and
getting to know these youth in the neighborhood and build
positive relationships with the kids. He would like to
see them involved with the youth in the neighborhood to
make sure that those parks are maintained a safe haven
for the youth of Laredo.
Mr. Sergio Tijerina and Mr. Polo Garibay from Parks and
Recreation reported that in terms of the COPS Program
it's been a very positive program. They have been
working together with the Police Department. The
officers have interaction with the residents of that
neighborhood so that builds more unity between the
officers and the neighbors from that neighborhood. He
also pointed that the events held throughout the year
such a Thanksgiving feast or different types of events
help in deterring vandalism from occurring in our parks.
He also spoke of Adopt-a-Park Program that the department
has started. They are taking different approaches with
this program. They are trying to assess the needs of
every park and sending the list of the needs of every
park to the persons willing to adopt that park because a
park well maintained and groomed will lead to less
vandalism occurring because of the high persons going in
and out of the park.
Cw. Moreno suggested that once they have most of the
parks adopted that they recognize those organizations
that have adopted a park at a council meeting.
Frustoso San Miguel, Deputy Chief, said they are going to
give Mr. Garibay, Mr. Tijerina, and the Parks Department
100% and work together. They will work something out
with the officers and get out to the parks and interact
with the public in the parks.
Mr. Tijerina said that one of the recommendations of the
Parks Advisory Board was to do some public announcements
which they will start within the next few months. Dr.
Yoder has contacted the TV station in formulating those
PSA's, they will involve every Park Boardmember and
hopefully the City Councilmembers and getting kids
together and deterring crime and vandalism in our parks.
They are also generating signs that will mention "it is
your park keep it clean" with phone numbers of the
office.
Cm. Galo asked that on those signs being generated, that
they also include the police phone number also.
D. Request by Council member Joe A. Guerra
1. Discussion of water main rupture on February 5, 1999,
which occurred in north Laredo, with possible action.
Fernando Roman, Utilities Director, reported that on
February 5th they had a company working on behalf of the
Chevron Gas Station on Del Mar and IH-35. This company
is called Giles Engineering and Associates and it's a
geotechnical company, and he presumes they are doing
environmental work. This company did not contact the
Utilities Department for a line location. He thinks the
assumption they made is that because the location where
they were going to drill is between the McDonalds
driveway and the Conoco Station, that maybe nothing
existed there. They hit the line and as a consequence
they lost about 750,000 gallons of water from the
McPherson tank with a retail cost about $1,000. With
repairs and all about it's about $3,300. They have
prepared a bill which they are going send via fax
tomorrow. They have been receptive to the reparation.
Larry Dovalina, Assistant City Manager, said there is a
state law that passed last year called, "One Call Texas"
and what the law states if you don't call for a "locate"
whatever damage you do, you are responsible for it under
state law.
2. Request by Judge Raul Vasquez and Ms. Carol Sherwood
concerning the Children's Coalition, with possible
action.
Motion to table to the next council meeting.
Moved : Cw. Montalvo
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
3. Status report on the City Council's 76th State
Legislative Agenda, with possible action.
Mayor Flores said there is some information that staff
has prepared as well as information from both Mr. Mario
Martinez and Mrs. Andrea McWilliam the Legislative
Consultants. She added they met with each Councilmember
and are preparing something based on the meetings that
they had with them.
Larry Dovalina, Assistant City Manager, explained that
they have a staff committee that is working on this
issue and that they will be meeting tomorrow. They have
reviewed the Bills that have been filed up to now, and
have assigned them to each one of the staff's persons
expertise. They are setting out a general format where
they are going to set out Bills which we would want
introduced, and bills that we would be definitely
against, and set out a platform with general categories
and bring the whole package on the first meeting of
March. They will then forward that packet to both our
consultants so that they have a clear cut idea of who
they would call whenever there is an immediate need for
action, but also getting a clear sense of direction from
the City Council as to what areas they want monitored.
Mayor Flores asked that when that list is ready or when
there are items to be addressed, either in hearings or
with legislators, that Councilmembers sign themselves
so that they all take turns going to Austin to testify or
to speak on such items.
Mr. Dovalina said he has discussed this particular issue
with the consultants and wants to make sure that they let
us know so that they can inform the council of when those
situations come up so we can have an opportunity to
present our side of our story.
Cm. Guerra pointed that time is of essence because the
session has started and will end on May 31st.
Mr. Dovalina said that the last day to file a Bill is
March 30th.
Cm. Valdez commended staff for making a wise decision and
hiring the two legislative representatives at the state
level because they have done a tremendous job as far as
keeping council informed about Senate Bills, House Bills,
and committee, etc.
Cm. Guerra requested a report from staff at our next
council meeting on this matter.
Mayor Flores said they have been holding meetings in
reference to the largest issue for us, which is
transportation and infrastructure. They have met all
summer and have discussed those issues and that several
legislators have come to our meetings. They have also
spoken of a campus for LCC and a job training facility in
south Laredo.
Cm. Guerra expressed that of utmost importance is the
water issue, because if it doesn't rain no matter how
much planning is done we won't be able to survive long
without any water.
E. Request by Council member Mario G. Alvarado
1. Request for update from staff on the Santa Maria
resurfacing project, with possible action.
Rogelio Rivera, City Engineer, reported that they are
scheduling the opening/receiving of bids for March 2nd
and will try to award it on March 15th. They had a pre-
bid meeting today. He added that there is work still
being done on IH-35, but they are hoping that by the time
it is awarded and start construction that some of these
projects may be finished by TxDot.
He explained that Orilla should be done by the end of
April.
Cm. Alvarado questioned, when can we expect work actually
on the Santa Maria resurfacing?
Mr. Rivera said if they award on the 15th probably on the
following two months they will have contracts ready. He
said that by the beginning of April they should be
getting ready to start and hopefully TxDot will be out of
IH-35.
Cm. Guerra said he had a request from a local vehicle
escort company, Roadrunner Vehicle Escort Service, who
are asking permission to conduct their business over
Interstate 35 in view of the fact that Santa Maria is
under construction and in view of the fact that some of
the access roads along the interstate are also under
construction. He asked them to put this request in the
form of a letter which they did and he wants staff to
communicate with this company. He submitted a letter
from Roadrunner Vehicle Escort Service, Inc., signed by
Mr. Goodman to be part of the record.
The letter reads as follows:
"Dear Joe,
Could you please ask permission for oversize/overweight
loads use at IH-35 during the next few weeks as the
access roads are all under construction. I personally
would call the Traffic Safety Department but you know the
hassle that fired there."
Mayor Flores said they will look into it.
2. Request for traffic study for traffic control signal-
ization at the intersection of Big Bend Boulevard and
FM1472, with possible action.
Cm. Alvarado said this intersection is the next major
intersection pass Rancho Viejo Road and the area is now
populated with a lot of clustered housing. He requested
that this particular intersection be placed on the list
for traffic control signalization consideration.
Motion to include on the list, for a traffic study for
traffic control signalization the intersection of Big
Bend Boulevard and FM 1472.
Moved : Cm. Alvarado
Second: Cm. Guerra
For: 8 Against: 0 Abstain: 0
XII. PUBLIC HEARINGS
35. Public hearing amending the City of Laredo's 1998-1999 Annual
Budget to reflect an increase of $23,373 in transportation
planning funds. The appropriation of $154,208 comes from the
Transportation Equity Act for the 21st Century.
INTRODUCTION OF AN ORDINANCE
Ordinance amending the City of Laredo's 1998-1999 Annual
Budget to reflect an increase of $23,373 in transportation
planning funds. The appropriation of $154,208 comes from the
Transportation Equity Act for the 21st Century.
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. Galo
Second: Cw. Moreno
For: 8 Against: 0 Abstain: 0
Ordinance Introduction: City Council
Note: (Cm. Guerra left at 7:30 p.m.)
36. Public hearing deleting Article II, of the Laredo Land
Development Code and amending Chapter 25, Article I, of the
Code of Ordinance of the City of Laredo, entitled plumbing, by
Adopting the 1997 Edition of the Standard Plumbing Code, the
Texas State Board of Plumbing Examiners License Law, The Texas
State Board Plumbing Examiners Rules, Regulating and
controlling the design, construction, quality of materials,
erection, installation, alteration, repair, location,
relocation, replacement addition to, use or maintenance of
plumbing system; providing for issues permits, and collection
of fees, therefore; repealing all other ordinances and parts
of ordinances in conflict herewith; providing for publication
and effective date.
INTRODUCTION OF AN ORDINANCE
Ordinance deleting Article II, of the Laredo Land Development
Code and amending Chapter 25, Article I, of the Code of
Ordinance of the City of Laredo, entitled plumbing, by
Adopting the 1997 Edition of the Standard Plumbing Code, the
Texas State Board of Plumbing Examiners License Law, The Texas
State Board Plumbing Examiners Rules, Regulating and
controlling the design, construction, quality on materials,
erection, installation, alteration, repair, location,
relocation, replacement addition to, use or maintenance of
plumbing system; providing for issues permits, and collection
of fees, therefore; repealing all other ordinances and parts
of ordinances in conflict herewith; providing for publication
and effective date.
Motion to open the public hearing.
Moved : Cw. Moreno
Second: Cm. Agredano
For: 7 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing and introduce.
Moved : Cm. Galo
Second: Cw. Montalvo
For: 7 Against: 0 Abstain: 0
Ordinance Introduction: City Council
37. Public hearing approving an amendment to the contract with the
Texas Department of Health and budget in the amount of
$285,938 for the HIV/STD Ryan White Care Consortium Project of
the City of Laredo Health Department for the period beginning
April 1, 1999, through March 31, 2000.
INTRODUCTION OF AN ORDINANCE
Ordinance approving an amendment to the contract with the
Texas Department of Health and budget in the amount of
$285,938 for the HIV/STD Ryan White Care Consortium Project of
the City of Laredo Health Department for the period beginning
April 1, 1999, through March 31, 2000.
Motion to open the public hearing.
Moved : Cw. Montalvo
Second: Cw. Moreno
For: 7 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing and introduce.
Moved : Cm. Alvarado
Second: Cm. Agredano
For: 7 Against: 0 Abstain: 0
Ordinance Introduction: City Council
38. Public hearing amending the City of Laredo's 1998-1999 annual
budget in the amount of $50,392 for funding of the Multi-
Agency Major Organization Investigation Task Force for the
period of January 1, 1999 through December 31, 1999.
INTRODUCTION OF AN ORDINANCE
Ordinance amending the City of Laredo's 1998-1999 annual
budget in the amount of $50,392 for funding of the Multi-
Agency Major Organization Investigation Task Force for the
period of January 1, 1999 through December 31, 1999.
Motion to open the public hearing.
Moved : Cm. Agredano
Second: Cm. Bruni
For: 7 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing and introduce.
Moved : Cm. Agredano
Second: Cw. Montalvo
For: 7 Against: 0 Abstain: 0
Ordinance Introduction: City Council
39. Public hearing concerning application by Killam Oil Co.,
amending the Zoning Ordinance (Map) of the City of Laredo
by rezoning Lots 1, 2 and 3, Block 1, Ponderosa Industrial
Park, Unit IV, located at the north end of OWK Dr., from
R-1 (Single Family Residential District) to M-1 (Light
Manufacturing District). The Planning and Zoning
Commission recommends approval of this item.
INTRODUCTION OF AN ORDINANCE
Ordinance amending the Zoning Ordinance (Map) of the
City of Laredo by rezoning Lots 1, 2 and 3, Block 1,
Ponderosa Industrial Park, Unit IV, located at the
north end of OWK Dr., from R-1 (Single Family
Residential District) to M-1 (Light Manufacturing
District).
Motion to open the public hearing.
Moved : Cm. Bruni
Second: Cm. Agredano
For: 7 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing and introduce.
Moved : Cm. Bruni
Second: Cm. Agredano
For: 7 Against: 0 Abstain: 0
Ordinance Introduction: Cm. Bruni
40. Public hearing concerning application by Laredo Candle Co.
and Ricardo Garcia Jr., amending the Zoning Ordinance (Map)
of the City of Laredo by rezoning Lots 1 and 2, Block 1,
Ponderosa Industrial Park, Unit V, located at the north
end of Tex-Mex Dr., from R-1 (Single Family Residential
District) to M-1 (Light Manufacturing District). The
Planning and Zoning Commission recommends approval of
this item.
INTRODUCTION OF AN ORDINANCE
Ordinance amending the Zoning Ordinance (Map) of the
City of Laredo by rezoning Lots 1 and 2, Block 1,
Ponderosa Industrial Park, Unit V, located at the
north end of Tex-Mex Dr., from R-1 (Single Family
Residential District) to M-1 (Light Manufacturing
District).
Motion to open the public hearing.
Moved : Cm. Bruni
Second: Cw. Montalvo
For: 7 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing and introduce.
Moved : Cm. Bruni
Second: Cm. Alvarado
For: 7 Against: 0 Abstain: 0
Ordinance Introduction: Cm. Bruni
XIII. MOTION TO RECESS AND CONVENE AS THE LAREDO MASS TRANSIT BOARD
Motion to recess as City Council and convene as The Laredo Mass
Transit Board.
Moved : Cm. Galo
Second: Cm. Alvarado
For: 7 Against: 0 Abstain: 0
41. Consideration to conduct public hearings to solicit comments on
a proposal to realign the #3 Convent bus route to serve the new
Mercy Hospital complex and to permanently implement the #6
Cedar bus re-route instead of restoring to its original
existing alignment before the TxDOT Saunders Street
Reconstruction project due to new ridership that has been
established as a result of the re-route.
Motion to approve.
Moved : Cm. Galo
Second: Cw. Montalvo
For: 7 Against: 0 Abstain: 0
Motion to adjourn as the Mass Transit Board and reconvene City
Council.
Moved : Cm. Galo
Second: Cm. Alvarado
For: 7 Against: 0 Abstain: 0
XIII. ADJOURNMENT
Motion to adjourn. Adjournment time: 8:40 p.m.
Moved : Cm. Bruni
Second: Cm. Agredano
For: 7 Against: 0 Abstain: 0
I hereby certify that the above minutes contained in pages 01 to 40 are
true, complete, and correct proceedings of the City Council Meeting
held on the 16th day of February, 1999. A certified copy is on file at
the City Secretary's Office.
_________________________
Gustavo Guevara, Jr.
City Secretary