CITY OF LAREDO

CITY COUNCIL MEETING

M2002-R-06

CITY COUNCIL CHAMBERS

1110 HOUSTON STREET

LAREDO, TEXAS 78040

MARCH 25, 2002

5:30 P.M.

I. CALL TO ORDER

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

II. PLEDGE OF ALLEGIANCE

Mayor Elizabeth G. Flores led in the Pledge of Allegiance.

III. ROLL CALL

In attendance:

Elizabeth G. Flores, Mayor

Alfredo Agredano, Council Member, District I

Louis H. Bruni, Council Member, District II

John C. Galo, Council Member, District III

Johnny Amaya, Council Member, District IV

Eliseo Valdez, Jr., Mayor Pro Tempore, District V

Joe Guerra, Council Member, District VI

Jose Valdez Jr., Council Member, District VII

Juan Ramirez, Council Member, District VIII

Gustavo Guevara, City Secretary

Larry Dovalina, City Manager

Cynthia Collazo, Assistant City Manager

Jaime Flores, City Attorney

IV. MINUTES

Approval of the minutes of February 25, 2002 and March 11, 2002.

Motion to approve.

Moved: Cm. Agredano

Second: Cm. Amaya

For: 8 Against: 0 Abstain: 0

V. COMMUNICATIONS AND RECOGNITIONS

Announcements

None.

Invitations

Cm. Amaya explained why the City named a park after Jose "Pepe" Moreno. He invited the citizens of Laredo to attend a dedication ceremony for Jose "Pepe" Moreno at the Jose "Pepe" Moreno Park located at Lyon and San Francisco on Thursday, March 28, 2002, at 3:30 p.m

Recognitions

a. Recognition of Firefighter Robert Tovar for his quick response in extinguishing a vehicle

on fire while off-duty.

This item was postponed because Mr. Tovar was not in town.

Communiqués

a. Brief report on meetings held in Washington, D.C. on March 4, 2002 through March 6,

2002 by Mayor Elizabeth G. Flores, Council Member Alfredo Agredano, and Council Member Johnny Amaya.

Cm. Agredano stated that City staff and several Council Members attended different meetings. He noted that he specifically attended a HUD meeting to focus on the issues with the homes in South Laredo. He said that HUD will be working with the City to offer assistance to the homeowners in South Laredo.

Cm. Amaya noted the importance of City Officials and City employees visiting agencies to get approval for grants. He congratulated City staff for the presentations they gave to the different agencies.

Mayor Flores thanked the City staff that prepared for and visited Washington. She noted the importance of the trip. She said that the City booklets that were presented to the different agencies were well prepared. She mentioned that the booklets take a lot of time and effort. She mentioned the 3 million dollar grant given to the Laredo Police Department. She said that the application had been in the working for a year. She noted that persistence from the City of Laredo clinched the grant. She concluded by stating that Laredoans are on a winning team.

Cm. Ramirez thanked the officers from the Laredo Police Department for their speedy assistance and arrest in a purse snatching case in the downtown area. He also wished the listening public to have a safe and happy Easter.

Cm. Valdez congratulated Council Member Bruni for a victorious bid for County Judge. He wished the public a Happy Easter.

Cm. Guerra reiterated in congratulating Council Member Bruni. He wished the citizens of Laredo a Blessed Easter. He also thanked City staff, especially Engineering, for their work in District VI.

Mayor Pro Tempore Valdez asked the citizens to remember the true meaning of Easter. He thanked City staff for all the work they have done in the year of 2002.

Cm. Amaya wished all the citizens a safe and Happy Easter.

Cm. Galo wished everyone a safe and happy Easter and asked the citizens to remember the true meaning of Easter. He thanked individuals for sending flowers and prayers to a family member that passed away two weeks ago. He also congratulated all the individuals that took the time to run for election and were victorious. He stressed the importance of involvement in the up-coming City election. He asked citizens to study their support and their financial support because elections are very costly.

Cm. Bruni also asked the public to remember the true meaning of Easter. He took the time to wish the public a happy and safe Easter. He thanked the citizens of Laredo for their support in his recent campaign for County Judge. He submitted the South Texas Rain Enhancement Report for the record to be on file at the City Secretary's Office.

Cm. Agredano wished the citizens of Laredo a safe and happy Easter. He noted that on March 1st the City held a ribbon cutting ceremony for the bridge at Ligarde Elementary School. He thanked City staff for the success of the ribbon cutting. He said that on March 15th staff held another groundbreaking ceremony for the South Laredo Park. Finally, he noted another ground breaking to be held for the George Washington Subdivision Community Park.

Mayor Flores wished all the citizens of Laredo a safe and happy Easter. She mentioned the dedication ceremony for the Western Hemispheric Trade Center at Texas A & M International University. She said that Senator Kay Bailey Hutchinson would be the key note speaker. Finally, she asked for a moment of silence for citizens that have recently passed away.

VI. APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES

None.

VII. PUBLIC HEARINGS

1. Public hearing and introductory ordinance authorizing the issuance of a Special Use

Permit to Grand Tetons, Inc. for a sexually oriented business on Lot 9, Block 1, Tejas Industrial Park, Unit V, located at 8307 San Lorenzo Drive; providing for publication and effective date. The Planning and Zoning Commission has recommended approval of the proposed Special Use Permit.

Motion to open the public hearing.

Moved: Cm. Bruni

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

John Nicolas Skruck, representing consultant for James T. Marshack, spoke in favor of the Special Use Permit. He noted that the application was filed in accordance with City Ordinance. He informed the Council that the owner wants to incorporate the use of the second floor.

Mark Willett, who represents La Costeña Food Products, spoke in objection to the issuance of a Special Use Permit.

Edward Maddex, representing Vilore Foods, spoke against the approval of a Special Use Permit.

Gerald Hopkins, representing the club and the land owner, explained why the applicant is applying for an Special Use Permit and a Sexually Oriented Business contract. He reiterated that the Special Use Permit was submitted because of the change of ownership, since Special Use Permits are non-transferable. He said that the Sexually Oriented Business Permit was filed due to the substantial enlargement of the business.

Christopher Notzon, interested citizen, spoke in opposition of the Special Use Permit.

Mayor Flores stated that there is a United States Constitution that the Council and all the citizens of Laredo live by. She asked the City Attorney if the applicant met all the requirements as required by the City Ordinance.

Jaime Flores, City Attorney, said that the business meets the requirements that the City Ordinance states in regulating Sexually Oriented Businesses.

Cm. Galo noted that Sexually Oriented Business should stop at the Planning and Zoning level because City Council cannot vote against such issues.

Jaime Flores, City Attorney, explained that the City Ordinance refering to Sexually Oriented Businesses used to read that the Council "may" approve permits; however, the word "may" has been struck by the United States District Court. It is what the Supreme Court calls "unbridled discretion". City staff is currently working on a new ordinance for the Council which will remove the word "may" and it will read "may not" have the discretion.

Mayor Flores explained that Council has a moral obligation to the citizens of Laredo; however, a negative vote has been condemned by an extensive jurisprudence developed over a generation. She went on to say that it is an unconstitutional censorship or prior restraint upon the enjoyment of those freedoms. The Council has objected to being caught in the situation. The Council may vote against this type of establishment and yet there are certain freedoms that the people need to enjoy, and they have the right to.

Jaime Flores, City Attorney, explained that the Council has the right to regulate the secondary effects. He explained the Ordinance does include regulations and provisions that an SOB must follow or their license can be revolked at any time.

Motion to deny.

Moved: Cm. Valdez

Second: Cm. Ramirez

For: 3 Against: 4 Abstain: 0

Mayor Flores could not accept the motion.

Motion to postpone.

Moved: Cm. Bruni

Second: Cm. Agredano

For: 3 Against: 4 Abstain: 0

Cm. Agredano Cm. Galo

Cm. Bruni Cm. J. Valdez

Cm. Amaya Cm. Guerra

Cm. Ramirez

Mayor Pro Tempore was not present.

Keith Selman, Planning Director, gave a clarification on the filing date for the Sexually Oriented Business saying that it is 90 days to the action of the Commission and 120 days from the date that the application was received for the action of the Council. The 120 day deadline will be up on April 3rd for BABES.

Cm. Bruni explained that the issue is beyond the Council's scope because it falls under a federal law. He said the law clearly states that Council cannot vote against the ordinance because that would be breaking the law.

Jaime Flores, City Attorney, stated that if Council postpones the issue it would be an indefinite postponement, and the item will be deemed approved after 90 days which would be on April 3, 2002.

Motion to postpone.

Moved: Cm. Bruni

Second: Cm. Galo

For: 5 Against: 4 Abstain: 0

Cm. Agredano Cm. Amaya

Cm. Bruni Cm. Guerra

Cm. Galo Cm. J. Valdez

Mayor Pro Tempore Valdez Cm. Ramirez

Mayor Flores voted for postponement.

2. Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the

City of Laredo by rezoning 24.69 acres, as further described by metes and bounds in attached Exhibit "A", located at the 3500 block of Del Mar Blvd., from R-1 (Single Family Residential District) and R-2 (Multifamily Residential District) to B-1 (Limited Commercial District); providing for publication and effective date. The Planning and Zoning Commission has recommended approval of the proposed zone change.

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. Guerra

Second: Cm. Ramirez

For: 6 Against: 0 Abstain: 0

Ordinance Introduction: Cm. Guerra

3. Public hearing and introductory ordinance amending Ordinance No. 95-O-100

authorizing the issuance of a Conditional Use Permit for a concrete batch plant on 5.00 acres, as further described by metes and bounds in attached Exhibit "A", located on the west side of Hwy. 83 and north of Masterson Rd., by renewing the term of the Conditional Use Permit until April 15, 2005; providing for publication and effective date. The Planning and Zoning Commission has recommended denial of the proposed Conditional Use Permit renewal.

Motion to open the public hearing.

Moved: Cm. Agredano

Second: Cm. Amaya

For: 8 Against: 0 Abstain: 0

Ron Whitehawk, who spoke on behalf of Laredo Ready Mix South, asked that Council approve the zone change request to serve the South area instead of having trucks coming from the north.

Motion to close the public hearing and introduce and continue the Conditional Use Permit for a two year extension.

Moved: Cm. Galo

Second: Cm. Ramirez

For: 8 Against: 0 Abstain: 0

Ordinance Introduction: Cm. Galo

4. Public hearing and introductory ordinance authorizing the issuance of a Special Use

Permit to Lakeside Subdivision, L.L.C. for townhouses on Lot 2, Block 17, Lakeside Subdivision, Phase I, located north of Lake Victoria Road and east of Lakeview Blvd; providing for publication and effective date. The Planning and Zoning Commission has recommended approval of the proposed Special Use Permit subject to applicant's compliance with staff's comments as amended.

Motion to open the public hearing.

Moved: Cm. Galo

Second: Cm. Amaya

For: 8 Against: 0 Abstain: 0

Guillermo Galvan spoke in favor of the proposed Special Use Permit.

Motion to close the public hearing and introduce and concur with the staff's recommendations to approve a Special Use Permit.

Moved: Mayor Pro Tempore Valdez

Second: Cm. Guerra

For: 8 Against: 0 Abstain: 0

Ordinance Introduction: Mayor Pro Tempore Valdez

5. Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the

City of Laredo by rezoning Lots 2, 4, 5, 6, and 8, Block 215, Western Division, located at 1215 San Agustin Ave., from B-3 (Community Business District) to CBD (Central Business District); providing for publication and effective date. The Planning and Zoning Commission has recommended approval of the proposed zone change.

Motion to open the public hearing.

Moved: Cm. Agredano

Second: Mayor Pro Tempore Valdez

For: 8 Against: 0 Abstain: 0

Ron Whitehawk, representing International Bank of Commerce, spoke in favor of the proposed zone change.

Motion to close the public hearing and introduce.

Moved: Cm. Ramirez

Second: Cm. Amaya

For: 8 Against: 0 Abstain: 0

Ordinance Introduction: Cm. Ramirez

6. Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the

City of Laredo by rezoning 9.00 acres, as further described by metes and bounds in attached Exhibit "A", located east of Bob Bullock Loop and southeast of Dorel Dr., from B-4 (Highway Commercial District) to B-3 (Community Business District); providing for publication and effective date. The Planning and Zoning Commission has recommended approval of the proposed zone change.

Motion to open the public hearing.

Moved: Cm. Agredano

Second: Cm. Amaya

For: 5 Against: 0 Abstain: 0

Cm. Bruni, Cm. Galo and Cm. Valdez were not present.

There was no public input.

Motion to close the public hearing and introduce.

Moved: Cm. Ramirez

Second: Cm. Amaya

For: 5 Against: 0 Abstain: 0

Cm. Bruni, Cm. Galo and Cm. Valdez were not present to vote.

Ordinance Introduction: City Council

7. Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the

City of Laredo by rezoning 0.9980 acres, as further described by metes and bounds in attached Exhibit "A", located west of Mines Rd, and south of River Bank Dr., from B-3 (Community Business District) to B-4 (Highway Commercial District); providing for publication and effective date. The Planning and Zoning Commission has recommended approval of the proposed zone change.

Motion to open the public hearing.

Moved: Cm. Agredano

Second: Cm. Amaya

For: 5 Against: 0 Abstain: 0

Cm. Bruni, Cm. Galo and Cm. Valdez were not present to vote.

There was no public input.

Motion to close the public hearing and introduce.

Moved: Cm. Guerra

Second: Cm. Amaya

For: 5 Against: 0 Abstain: 0

Cm. Bruni, Cm. Galo and Cm. Valdez were not present to vote.

Ordinance Introduction: City Council

8. Public hearing and introductory ordinance authorizing the issuance of a Special Use

Permit to the Raul de la Garza Testamentary Trust for a bar on Lot 5, Block 19, Western Division, located at 907 Zaragoza St.; providing for publication and effective date. The Planning and Zoning Commission has recommended approval of the proposed SUP subject to the applicant's compliance with the provisions of the Laredo Land Development Code regarding the issuance of a Special Use Permit for a bar in the Historic District.

Motion to open the public hearing.

Moved: Cm. Agredano

Second: Cm. Amaya

For: 5 Against: 0 Abstain: 0

Cm. Bruni, Cm. Galo and Cm. Valdez were not present to vote.

Raul De La Garza, applicant, gave a history on the property on Lot 5, Block 19. He spoke in favor of a Special Use Permit.

Jonathon De La Garza spoke in favor of the Special Use Permit, and stated that the plans for the establishment are creating a bar similar to the one he manages in San Antonio. He said the bar would give Laredo a different atmosphere for professionals to enjoy.

Motion to close the public hearing and introduce.

Moved: Cm. Ramirez

Second: Cm. Bruni

For: 8 Against: 0 Abstain: 0

Ordinance Introduction: Cm. Ramirez

9. Public hearing and introductory ordinance amending the City of Laredo FY 2001-02

annual budget in the Fire Training Facility Fund by appropriating revenues and expenses of $125,611.00 from available interest earnings for the purchase of fire equipment and authorizing the City Manager to implement said budget.

Motion to open the public hearing.

Moved: Cm. Galo

Second: Cm. Bruni

For: 8 Against: 0 Abstain: 0

There was no public input.

Motion to close the public hearing and introduce.

Moved: Cm. Agredano

Second: Cm. Bruni

For: 8 Against: 0 Abstain: 0

Ordinance Introduction: City Council

10. Public hearing and introductory ordinance amending Article XI, Truck Traffic,

Division 2, Truck Routes, Section 19-410 Truck Routes Designated, of Chapter 19 of the City of Laredo Code of Ordinances by deleting Lafayette Street Westbound only from IH 35 to Santa Isabel, clarifying U.S. 83 to include Houston and Matamoros and designating all of Loop 20 to the World Trade Bridge; providing for publication and effective date.

Motion to open the public hearing.

Moved: Cm. Bruni

Second: Cm. Galo

For: 8 Against: 0 Abstain: 0

There was no public input.

Motion to close the public hearing and introduce as amended by deleting the Lafayette

portion.

Moved: Cm. Valdez

Second: Cm. Ramirez

For: 8 Against: 0 Abstain: 0

Ordinance Introduction: City Council

11. Public hearing and introductory ordinance authorizing the City Manager to amend

Ordinance 2001-O-284. The City of Laredo's FY 2001-2002 annual budget will be amended in the amount of $943,408.00 to fund the COPS in Schools Program and amended by creating 14 full time equivalent police officer positions under the COPS in Schools Program. The US Department of Justice, Office of Community Oriented Policing Service (COPS) Program awarded funding to the City of Laredo for the purpose of hiring 14 new School Resource Officers (SRO) for a period of three years. The 14 police officer positions will be transferred to the City's general fund account (101-2310) upon termination of the grant.

Motion to open the public hearing.

Moved: Cm. Galo

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

Richard Geisler, concerned citizen, asked that all school resource officers have special

training in dealing with children.

Motion to close the public hearing and introduce.

Moved: Cm. Galo

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

Ordinance Introduction: City Council

12. Public hearing and introductory ordinance amending the City of Laredo Fiscal Year

2002 General Fund and Fire Training Facility Fund budgets by appropriating revenues of $280,000.00 and $20,000.00 respectively as a transfer in and appropriating expenditures in the respective fund for the acquisition of machinery and equipment. Funding is available in the Capital Improvements Fund reserve appropriation account.

Motion to open the public hearing.

Moved: Cm. Agredano

Second: Cm. Amaya

For: 8 Against: 0 Abstain: 0

Motion to close the public hearing and introduce.

Moved: Cm. Agredano

Second: Mayor Pro Tempore Valdez

For: 8 Against: 0 Abstain: 0

Ordinance Introduction: City Council

13. Public hearing and introductory ordinance authorizing the City Manager to accept and

execute all documentation from the Texas Department of Health for the Prevention Services for HIV Positive Clients Project of the City of Laredo Health Department in the amount of $84,210.00 by amending the budget for the period beginning April 1, 2002, through December 31, 2002; and authorizing the City Manager to amend the City of Laredo's full time equivalents by creating one caseworker position and one (1) Health Educator Position, which will be funded by this grant.

Motion to open the public hearing.

Moved: Cm. Agredano

Second: Cm. Valdez

For: 8 Against: 0 Abstain: 0

There was no public input.

Motion to close the public hearing and introduce.

Moved: Cm. Bruni

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

Ordinance Introduction: City Council

14. Public hearing and introductory ordinance authorizing the City Manager to accept and

execute all documentation from the Texas Department of Health for the Hepatitis C Virus Project of the City of Laredo Health Department in the amount of $20,000.00 and amend the City of Laredo's FY 2001-2002 budget for the period beginning March 1, 2002, through August 31, 2002.

Motion to open the public hearing.

Moved: Cm. Bruni

Second: Cm. Amaya

For: 8 Against: 0 Abstain: 0

There was no public input.

Motion to close the public hearing and introduce.

Moved: Cm. Bruni

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

Ordinance Introduction: City Council

15. Public hearing and introductory ordinance authorizing the City Manager to amend the

City of Laredo's 2001-2002 annual budget by creating one (1) Full Time Equivalent (FTE) Administrative Assistant II position under the Juvenile Accountability Incentive Block Grant. The Office of the Governor, Criminal Justice Division awarded funding to the City of Laredo for the purpose of hiring an Administrative Assistant II and to purchase computer equipment in support of the juvenile program from August 1, 2001 through July 31, 2002.

Motion to open the public hearing.

Moved: Cm. Bruni

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

There was no public input.

Motion to close the public hearing and introduce.

Moved: Cm. Bruni

Second: Cm. Amaya

For: 8 Against: 0 Abstain: 0

Ordinance Introduction: City Council

16. Public hearing and introductory ordinance amending the City of Laredo FY 2001-2002

Annual Budget in the amount of $677,337.00 to fund the Laredo Financial Disruption Task Force from the Office of the National Drug Control Policy (ONDCP) High Intensity Drug Trafficking Area (HIDTA) at no cost to the City. Funds will be used to pay for personnel salaries, travel and operational expenses beginning January 1, 2002 through December 31, 2002; and accepting grant in the same amount.

Motion to open the public hearing.

Moved: Cm. Bruni

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

There was no public input.

Motion to close the public hearing and introduce.

Moved: Cm. Agredano

Second: Cm. Amaya

For: 8 Against: 0 Abstain: 0

Ordinance Introduction: City Council

17. Public hearing and introductory ordinance authorizing the City Manager to accept a

grant in the amount of $30,000.00 from the Texas Department of Transportation for the enforcement of the seat belt law and authorizing the City Manager to amend the City of Laredo's FY 2001-2002 Annual Budget in the amount of $30,000.00. This grant is funded 100% by the Texas Department of Transportation and there is no cost to the City.

Motion to open the public hearing.

Moved: Cm. Agredano

Second: Cm. Amaya

For: 8 Against: 0 Abstain: 0

There was no public input.

Motion to close the public hearing and introduce.

Moved: Cm. Agredano

Second: Cm. Amaya

For: 8 Against: Abstain:

Ordinance Introduction: City Council

18. Public hearing and introductory ordinance amending the Fiscal Year 2001-2002 annual

budget of the Laredo Municipal Transit System, by appropriating $170,465.00 of sales tax opening balance in excess of Fiscal Year 2000-2001 year end estimate, and transferring said amount to transit sales tax reserve.

Motion to open the public hearing.

Moved: Cm. Agredano

Second: Cm. Amaya

For: 8 Against: 0 Abstain: 0

There was no public input.

Motion to close the public hearing and introduce.

Moved: Cm. Guerra

Second: Cm. Amaya

For: 8 Against: 0 Abstain: 0

Ordinance Introduction: City Council

19. Public hearing and introductory ordinance Authorizing the City Manager to execute a

budget amendment appropriating operations funds from the Federal Transit Administration Grant Number TX 90 X456, for Fiscal Year 1998-1999 in the amount of $234,180.00 to be used for operating expenses in fiscal year 2001-02 increasing the federal contribution from $3,511,128.00 to $3,745,308.00 and decreasing the sales tax match for operating expenses from $2,722,520.00 to $2,488,340.00 and transferring $234,180.00 into sales tax reserve appropriation.

Motion to open the public hearing.

Moved: Cm. Agredano

Second: Cm. Amaya

For: 8 Against: 0 Abstain: 0

There was no public input.

Motion to close the public hearing and introduce.

Moved: Cm. Agredano

Second: Cm. Ramirez

For: 8 Against: 0 Abstain: 0

Ordinance Introduction: City Council

20. Public hearing and introductory ordinance authorizing the City Manager to execute a

budget amendment appropriating operations funds from the Federal Transit Administration Grant Number TX 90 X526, for Fiscal Year 2000-2001 in the amount of $244,936.00 to be used for operating expenses in Fiscal Year 2001-2002 increasing the federal contribution from $3,745,308.00 to $3,990,244.00 and decreasing the sales tax match for operating expenses from $2,488,340.00 to $2,243,404.00 and transferring $244,936.00 into sales tax reserve appropriation.

Motion to open the public hearing.

Moved: Cm. Agredano

Second: Cm. amaya

For: 8 Against: 0 Abstain: 0

There was no public input.

Motion to close the public hearing and introduce.

Moved: Cm. Galo

Second: Cm. Amaya

For: 8 Against: 0 Abstain: 0

Ordinance Introduction: City Council

21. Public hearing and introductory ordinance amending the Fiscal Year 2001-2002 budget

of the Laredo Municipal Transit System by transferring $62,000.00 from Transit System Sales Tax Fund and of this amount appropriating $60,885.00 in Laredo Metro Inc. Fund and $1,115.00 in Transit Center Fund.

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: Cm. Bruni

For: 8 Against: 0 Abstain: 0

Ordinance Introduction: City Council

22. Public Hearing and introductory ordinance amending Chapter 12 of the Code of

Ordinance of the City of Laredo, Texas to include Article V to establish a fee structure for trainings, seminars, lectures, labs, facility usage, and any other educational components that may be offered for use by the general public at the International Fire Fighting/Public Safety Training Facility.

Motion to open the public hearing.

Moved: Cm. Agredano

Second: Cm. Galo

For: 8 Against: 0 Abstain: 0

There was no public input.

Motion to close the public hearing and introduce with amendments to the Ordinance, Section 4 under the Hazardous Material Training.

Moved: Cm. Galo

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

Ordinance Introduction: City Council

23. Public hearing and introductory ordinance amending the City of Laredo FY 2001-2002

Annual Budget in the amount of $47,208.00 to fund the FBI Public Corruption Task Force from the office of the National Drug Control (ONDCP) High Intensity Drug Trafficking Area (HIDTA) at not cost to the City. Funds will be used to pay for overtime, travel and operational expenses beginning January 1, 2002 through December 31, 2002; and accepting grant in the same amount.

Motion to open the public hearing.

Moved: Cm. Agredano

Second: Cm. Amaya

For: 8 Against: 0 Abstain: 0

There was no public input.

Motion to close the public hearing and introduce.

Moved: Cm. Galo

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

Ordinance Introduction: City Council

VIII. GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS

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

1. Discussion with possible action on the continuing congestion and traffic

problems at Lamar Middle and Ryan Elementary.

Roberto Murrillo, Traffic Director, informed Council that he is working with Dr. Oscar Carta who is the Safety Occupational Director from Laredo Independent School District. He said that they are developing a safer traffic flow for all the schools in the Laredo Independent School District. He noted that they are developing plans, timelines, and that they will be meeting with the principals and Parent Teacher Organizations to inform them of all changes.

Cm. Bruni asked the Laredo Police Department to patrol the area of Lamar Middle and Ryan Elementary so they can issue citations for individuals that are parking illegally.

2. Status report on installing a street light at the intersection of Corpus Christi and

Ejido, with possible action.

Roberto Murillo, Traffic Director, noted that staff has contacted Central Power and Light, and they will be installing a street light at the intersections of Corpus Christi and Ejido.

3. Status report on Eastwood Park, with possible action.

Horacio De Leon, Parks and Recreation Director, said that the item is currently being addressed through the Engineering Department. The consultant is working on the design stage.

4. Status report on the signalization at Jacaman and McPherson, with possible

action.

Roberto Murrillo, Traffic Director, relayed that the equipment has been ordered, and the signalization will be installed by October 2002.

B. Request by Council Member John C. Galo

1. Status on Chacon Creek clean up and Texas Parks & Wildlife Grant.

Erasmo Villarreal, Community Development Director, mentioned that Foster Engineering is currently doing a survey of the creek to identify the property that belongs to the City. Selective clearing will begin when they can identify the actual perimeter of the properties. He said that the Environmental Department has submitted an application to receive funds for cleaning the area.

Horacio De Leon, Parks and Recreation Director, said that the funds are secure for the Texas Parks & Wildlife Grant. Staff is waiting on the survey from Foster Engineering to delineate the aligning of the trial.

2. Status of Operation Clean-up for District III.

Joe Guerra, Public Works Director, gave a brief report of the trash pick -up in District III. He said that the key to a successful clean up is to schedule the trucks to pick up trash more often.

Cm. Galo requested another Operation Clean-up. He wants staff to work diligently to notify the public that they can have branches, sofas, tires, and microwaves picked up.

Erasmo Villarreal, Community Development, said he would work with the Council Member to confirm a date for the Clean Up Operation.

3. Authorizing the allocation of $25,000.00 from discretionary funds for playground

equipment for Santa Fe Park.

Horacio De Leon, Parks and Recreations Director, noted that they have walked through the park and identified several ways to make the park more amenable.

Motion to allocate $25,000 from Cm. John Galo's discretionary funds for playground equipment for Santa Fe Park.

Moved: Cm. Galo

Second: Cm. Bruni

For: 8 Against: 0 Abstain: 0

C. Request by Council Member Johnny Amaya

1. Status report on the Inner City Park.

Horacio De Leon, Parks and Recreation Director, said that Parks, Engineering and Community Development are working jointly on the project. He said the park will be very diversified, and the cost will be around 2.4 million dollars.

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

1. Discussion with possible action regarding Casa Verde water sewer extension

project. (Co-sponsored by Council Member Louis H. Bruni)

Keith Selman, City Planner, stated that staff is working with the residents to assure their commitment to the project. He said that the issues involve the connection and how to extend those services through what easements and what kinds of improvements would potentially be required. He said that there needs to be a dedication of easements in order to extend the services through this area. The second issue is the reimbursements.

Keith Selman, Planning and Zoning Director, stated that the charter requires for a developer to extend the water lines. He noted that these properties have not gone through the development process. They are unplatted tracts.

Mayor Pro Tempore asked staff to prepare a workshop for the residents. He noted that the workshop should include flow sheets, maps, timetables and other questions that will concern the residents.

Larry Dovalina, City Manager, noted that staff did receive a petition from the residents, and they have indicated their willingness to participate in the improvements.

E. Request by Council Member Joe A. Guerra

1. Discussion with possible action regarding removal of guard rail at north end of

North Avenue.

Larry Dovalina, City Manager, reassured the Council Member that the guard rail

will be removed.

2. Discussion with possible action regarding speed hump request on Berkeley Road.

Motion to table.

Moved: Cm. Guerra

Second: Cm. Bruni

For: 8 Against: 0 Abstain: 0

3. Discussion with possible action regarding placing an all-way stop at the

intersection of Broadcrest and Antonia.

Roberto Murillo, Traffic Director, mentioned that staff will be placing an all-way

stop at the intersection of Broadcrest and Antonia.

4. Discussion with possible action on improving the traffic signals at Del Mar

Boulevard and McPherson Drive by removing the aerial lines and replacing wooden poles with steel poles.

Larry Dovalina, City Manager, said that staff will find funding to improving the traffic signals at Del Mar Boulevard and McPherson Drive.

Motion to look for the funding to improve the traffic signals at Del Mar Boulevard and McPherson Drive by removing the aerial lines and replacing wooden poles with steel poles.

Moved: Cm. Guerra

Second: Cm. J. Valdez

For: 7 Against: 0 Abstain: 0

F. Request by Council Member Jose A. Valdez, Jr.

1. Status report on all park improvements in District VII, with

discussion and possible action.

Horacio De Leon, Parks and Recreation Director, informed Council that staff is working on two parks in District VII. He said that Central Power and Light will be installing lights at the Father McNaboe Park. He noted that he has received bids for the skate modular ramp.

The Lafayette Park is under design, and staff will install the skate modular ramps as soon as the pad is in place.

Parks will begin the development of Indian Sunset Park as soon as the wetlands have been identified. He noted that there are resources for this park. He said that the developer has agreed to commit money in the PUD process for improvement for the park.

2. Status report on CPL Road.

Keith Selman, Planning Director, reported that the funds are not committed to be spent before September of 2002.

Rogelio Rivera , City Engineer, said that the alignment will be turning away from the original alignment to hit Mines road. Staff has been meeting with Crane Engineering, CPL, and TxDOT. The City had asked Crane Engineering to give them a proposal for the additional work that will entail going away from the Mines Road connection and going into Flecha Lane and going into Riverbank. The proposal will go before Council in April.

Cm. Valdez asked if the City has contacted the landowners.

Larry Dovalina, City Manager, said the landowners have contacted the City, and they have agreed to donate the land.

G. Request by Council Member Juan Ramirez

1. Discussion with possible action on the use of Las Palmas Park for the Easter

Sunday Holiday.

Horacio De Leon, Parks and Recreation Director, stated the intent of this park is solely as nature trail.

The Mayor suggested changing the name to nature "trail" rather than "park".

Chief Dovalina said he would have additional patrol units to patrol the area on Easter Sunday.

2. Status report on the two city blocks owned by the City at River Drive Mall on

Ventura and Piedregal.

Larry Dovalina, City Manager, informed the Council Member that the City Attorney prepared a letter and mailed it to the owners of the River Drive Mall requesting to rescind the lease on the two city blocks.

3. Status report on 2615 San Agustin.

Ruben Salinas, Building Director, stated that the owner was cited and has ceased operation. He further explained that he would visit the property on a regular basis and cite the owner if he is violation of the Ordinance.

IX. FINAL READINGS OF ORDINANCES

Internet Availability: www.ci.laredo.tx.us

Motion to approve Ordinance # 2002-O-044

Moved: Cm. Galo

Second: Cm. Guerra

For: 8 Against: 0 Abstain: 0

25. 2002-O-044 Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning

2.1523 acres, as further described by metes and bounds in attached exhibit "A", located southwest of Bob Bullock Loop and west of North Merida Drive, from AG (Agricultural District) to B-3 (Community Business District); providing for publication and effective date. (As amended)

Motion to adopt Ordinance # 2002-O-044.

Moved: Cm. Galo

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

2002-O-050 Amending the City of Laredo fiscal year 2002 General Fund and Fire

Training Facility Fund Budget by appropriating $1,500,000.00 for a transfer out to Fire Training Facility Fund from the General Fund and appropriating a transfer in and expenditure in the Fire/Law Enforcement Training Facility in the amount of $1,500,000.00 for the purpose of completing the Fire/Law Enforcement Training Facility. The amendment will draw down $1,500,000.00 from the General Fund opening balance as authorized by Section 6.04 of the City Charter that states "Excess carry over funds from a prior fiscal year may be appropriated in the ensuing fiscal year for a one time appropriations only."

Motion to adopt Ordinance # 2002-O-050.

Moved: Cm. Galo

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

2002-O-051 Authorizing the City Manager to accept and execute all documentation

from the Texas Department of Health for the HIV Ryan White Title II Project of the City of Laredo Health Department in the amount of $151,764.00 for the period beginning April 1, 2002, through August 31, 2002, and amending the City of Laredo FY 2001-2002 budget in the same amount.

Motion to adopt Ordinance # 2002-O-051.

Moved: Cm. Galo

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

2002-O-052 Authorizing the City Manager to amend Chapter 19, Motor Vehicle and

Traffic, Article XI, Truck Traffic, Division 5, Truck Stopping, Standing and Parking, by adding two (2) new sections namely, Section 19-489 Controlled Access Parking Lots and Section 19-490, Parking Lot Rates and Hours of Operation, of Code of Ordinances, City of Laredo; authorizing the establishment of parking rates, enforcement regulations, and hours of operation at the Colombia Solidarity Bridge Export Lot, providing for effective date and publication.

Motion to adopt Ordinance # 2002-O-052.

Moved: Cm. Galo

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

2002-O-053 Authorizing the City Manager to accept and execute the Federal Transit

Administration Grant, section 5307, in the amount of $3,511,128.00 for Fiscal Year 2001-02 and amending the Transit Systems Operating budget by increasing the Federal Transit Administration Operating Grant contribution from $3,500,000.00 to $3,511,128.00 and decreasing the sales tax match for operating expenses from $2,733,648.00 to $2,722,520.00 and providing for grant funds to be deposited in the City of Laredo Transit Fund.

Motion to adopt Ordinance # 2002-O-053.

Moved: Cm. Galo

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

2002-O-054 Authorizing the City Manager to amend the City of Laredo's FY 2001-

2002 Full Time Equivalent positions by amending the budget and creating one district chief and one captain for the International Fire Training Facility Division in the Fire Department. Funding for these positions is available in the reserve appropriations and will be transferred to the International Training Facility Division in the amount of $40,454.00.

Motion to adopt Ordinance # 2002-O-054.

Moved: Cm. Galo

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

2002-O-055 Authorizing the City Manager to execute a lease with Corpus Christi

SMSA Limited Partnership, dba Cingular Wireless, by its general partner, Southwestern Bell Wireless, L.L.C. for ground space at the Fire Station located at 5210 Highway 359 Laredo, Webb County, Texas and being more fully described in exhibit "A" of lease agreement to construct on such premises a 100 feet high monopole and related equipment building for use with is communications business. Term of the lease is ten (10) years commencing March 25, 2002 and ending March 24, 2012 with three (3) successive renewal terms of five (5) years. Annual base rent shall be $8,400.00 each year during the term of the lease and will be adjusted by four percent (4%) on each anniversary of the commencement date, providing for publication and effective date.

Motion to adopt Ordinance # 2002-O-055.

Moved: Cm. Galo

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

2002-O-056 Amending Ordinance 98-071 by authorizing the City Manager to execute

an amendment to that certain ground lease between the City of Laredo and ATC Tower Services, dated October 20, 1998, for the purpose of correctly describing the property that the City of Laredo is leasing to ATC Tower Services. All terms and conditions of the lease remain in full force and effect.

Motion to adopt Ordinance # 2002-O-056.

Moved: Cm. Galo

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

X. RESOLUTIONS

26. 2002-R-012 The Mayor and City Council adamantly encourage and support the

amending of existing penalties for the criminal offense described in section 42.12, Penal Code, Discharge of Firearms in certain municipalities. Due to the nature of the conduct it is foreseeable that such act(s) are detrimental to the municipality's public safety and welfare, therefore, classifying the punishment as a felony will serve to deter same.

Motion to approve Resolution #2002-R-012.

Moved: Cm. Galo

Second: Cm. Guerra

For: 8 Against: 0 Abstain: 0

27. 2002-R-028 Authorizing the City Manager to execute a subordination, non-

disturbance, and attornment agreement between the City of Laredo, Falcon National Bank, and Jose Mario Flores, thereby subordinating the lease agreement authorized by Ordinance No. 99-0-200 dated July 19, 1999 and lease agreement authorized by Ordinance No. 2000-O-126 at the Laredo International Airport, to the bank's mortgage and repealing Resolution No. 2000-R-108.

Motion to approve Resolution #2002-R-028.

Moved: Cm. Galo

Second: Cm. Guerra

For: 8 Against: 0 Abstain: 0

28. 2002-R-029 Authorizing the City Manager to enter into an agreement between the City

of Laredo and Paul Young Properties, Ltd. for funding the installation of a traffic signal on US Highway 59 at Casa Blanca Road and the entrance to Paul Young Auto Mall.

Motion to approve Resolution #2002-R-029.

Moved: Cm. Galo

Second: Cm. Guerra

For: 8 Against: 0 Abstain: 0

29. 2002-R-030 Authorizing the City Manager to submit a grant application to the

National Park Service Urban Parks and Recreation Recovery Program in the amount of $481,500.00 for the rehabilitation of Seven Flags Park and certifying that local matching funds are available and further authorizing the City Manager to execute any and all documents pertaining to and/or resulting from this submission.

Motion to approve Resolution #2002-R-030.

Moved: Cm. Galo

Second: Cm. Guerra

For: 8 Against: 0 Abstain: 0

XI. MOTIONS

30. Consideration to authorize the purchase of four (4) riding mowers with 72" cutting

decks, through the Houston Galveston Area Council of Governments (HGAC) - Cooperative Purchasing Program in the total amount of $56,079.92. These will be assigned to the Parks and Recreation Department. Funding is available in the 2002-A PPFCO Contractual Obligation Bond.

Motion to approve.

Moved: Cm. Galo

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

31. Consideration to authorize the purchase of ten (10) manual lane terminals for the

Bridge System from the sole source vendor, Computer Dynamics Inc., Greenville, NC, in the total amount of $37,220.00. The toll system lane controller software is configured for these specific lane terminals. Funding is available in the Bridge Fund.

Motion to approve.

Moved: Cm. Galo

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

32. Authorizing the City Manager to execute a contract for the purchase of 875 acre-feet of

Class "B" irrigation water rights from the Nature Conservancy for the sum of $490,000.00. The water rights convert to 350 acre-feet of municipal water. Funding is available in the Water Availability Fund.

Motion to approve.

Moved: Cm. Galo

Second: Cm. Amaya

For: 7 Against: 1 Abstain: 0

Cm. Guerra

33. Authorizing the City Manager to enter into and execute a participation agreement with

the Texas Nonprofit Assistance Network on the Online Library Catalog Project with the City of Laredo Nonprofit Management and Volunteer Center.

Motion to approve.

Moved: Cm. Galo

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

34. Consideration to exercise the purchase option for contract number FY 01-114 awarded

to Cascade Engineering, Grand Rapids, MI, in the amount of $136,850.00 for the purchase of 3,400 roll out waste containers for the Public Works Department. The City purchased 3,400 containers in June 2001 from this vendor and there is a provision to purchase additional containers at the contract price. Funding is available in the Solid Waste Fund.

Motion to approve.

Moved: Cm. Galo

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

35. Consideration to award a professional services contract in the amount of $311,652.00

with Carter & Burgess, Inc. Fort Worth, Texas to provide consulting services for the Texas Pollutant Discharge Elimination System (TPDES) storm water permit application project. The purpose of the project is to develop a comprehensive TPDES stormwater permit application for the City of Laredo to comply with State and Federal stormwater regulations. The scope of service includes, but are not limited to the following elements.

1. Review and analyze the stormwater data for the last five years.

2. Review the legal authority and produce the outfall information on GIS format.

3. Review the revenue and expenditure for the proposed permit compliance.

4. Prepare, submit and negotiate the permit with TNRCC to represent the City's best

interest to protect the waters of the United States.

5. Agency Coordination (TNRCC/EPA/IBWC/USACE, etc) for necessary permits and

approval.

Motion to approve.

Moved: Cm. Galo

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

36. Approving monthly adjustments to the tax roll. The amount to be adjusted for the

month of February 2002, represents a decrease in levy of $104.44. These adjustments are determined by the Webb County Appraisal District and by court orders.

Motion to approve.

Moved: Cm. Galo

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

37. Refund of property tax to the following taxpayers and companies:

a. A refund in the amount of $574.05 payable to Concepcion Degollado due to a

Webb County Appraisal District change of value certified by the Appraisal Review Board. Account #945-00791-322

b. A refund in the amount of $506.19 payable to Martinez Arzani, Inc. due to an

overpayment on their behalf. Account #972-30008-010

c. A refund in the amount of $1,117.73 payable to Chaboo Caroline & Fernando L.

Merino due to a double payment. Account #970-40001-190

d. A refund in the amount of $1,303.95 payable to Williams Scotsman, Inc. due to a

double payment by the taxpayer. Account #801-19096-065

e. A refund in the amount of $557.86 payable to Fidencio III & Camelia A.

Benavides due to a double payment on behalf of the taxpayer and Mortgage Co.

Account #909-00041-689

f. A refund in the amount of $1,173.55 payable to The Laredo National Bank due to

an overpayment. The collection fees were not applicable #972-30006-140

g. A refund in the amount of $788.31 payable to Jaime Hinojosa due to a double

payment by the taxpayer and the bank. Account #553-01453-220

h. A refund in the amount of $593.81 payable to Digicell, Inc. due to a Webb

County Appraisal District change of value. Cause #2001-3510, 3509 #800-04021-103

i. A refund in the amount of $1,093.89 payable to Sojo Fashions Inc., due to an

Appraisal District change of value. Cause #2001-3538, 3539 #800-19096-016

Motion to approve.

Moved: Cm. Galo

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

38. Consideration for approval of construction plans and specifications and authorization to

advertise for bids for the International Fire Fighting/Public Safety Training Facility Phase II. Funding is available in the Fire Training Facility Fund building & improvements account.

Motion to approve.

Moved: Cm. Galo

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

39. Consideration to award annual contract number FY 02-081 to the low bidder, Nick

Benavides, Laredo, Texas in the estimated amount of $84,000.00 for providing monthly mowing and maintenance of the Zacate Creek areas from Meadow and Canal Streets to the mouth of the river. This includes the collection of trash, debris, rubbish, and other floatable material along the creek. This contract is approximately 22% less than the previous contract. The term of the contract is for one year with an option to extend for an additional year. Funding is available in the Environmental NPDES Fund.

Motion to approve.

Moved: Cm. Galo

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

40. Consideration to award contract number FY 02-072, to the SOLE BIDDER, OCT-

OSHA Compliance Training, Magnolia, TX, in the amount of $28,950.00, for the purchase of ten (10), automated external defibrillators (AED). AED defibrillators are used as a first response aid for heart attack victims. City staff members will be trained on their use and units will be installed at the following locations: Airport, City Hall, Civic Center, Public Works Service Center, Health Department, Library, Landfill, Parks and Recreation, and the Police Station. Funding is available in the respective departmental budgets.

Motion to approve.

Moved: Cm. Galo

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

41. Authorizing the City Manager to enter into a professional services contract with

Howland Foundations Co., Inc, to conduct a structural assessment study of 47 homes constructed as part of the Los Obispos Affordable Housing Project in an amount not to exceed $2,150.00 per unit for a total project cost not to exceed $101,050.00.

Motion to approve.

Moved: Cm. Galo

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

XII. STAFF REPORTS

42. Presentation by the Traffic Safety Department regarding the speeding concern within

the Buena Vista Subdivision, with possible action.

Robert Murrillo, Traffic Director, informed Council that staff conducted traffic counts and speed data. Staff installed speed limit signs in the neighborhood. He stressed that speed humps were not feasible because they do not meet the requirements. He suggested building out the curves for a better alignment. The cost will be $4,000 per intersection.

Motion to donate discretionary funds of Cm. Amaya for the Buena Vista Subdivision.

Moved: Cm. Amaya

Second: Cm:

For: 8 Against: 0 Abstain: 0

43. Status report on the construction of a Veteran's Monument at the Civic Center grounds.

Horacio De Leon, Parks and Recreation Director, said that on February 25 the City of Laredo's Engineering Department initiated the solicitation of statements of qualifications from architectural and engineering firms. The scope of work included the design, construction, and installation of the selected monument, including a cost estimate, with the understanding that the chosen firm will work hand-in-hand with the Veterans Advisory Board members and other community Veteran members. No submissions were received. He noted that they would publish the request again and see if staff can spur up some interest within the community. He noted that the process is a lengthy process which must be followed.

Mr. Jose Luis De Leon, representing G I Forum , voiced his frustration with the City. He noted that Council Members and staff have not responded to his calls in regards to the monument.

Mayor Pro Tempore Valdez stressed that he had contacted Mr. Jose Luis De Leon and discussed information that is pertinent to the monument. He noted that the GI Forum started with fund raisers to make the project feasible; however, they were so far behind that they asked the City to become involved. He stated that the City has to follow a process that is timely but never the less has to be followed.

Cm. Agredano said he was under the impression that Carlos Mejia was interested in creating a design for the monument.

Horacio De Leon, Parks and Recreation Director, said that Mr. Mejia did receive the and announcement, but he never received a proposal from him.

Cm. Valdez asked Horacio De Leon, Parks and Recreation Director, to keep him abreast of the monument. He said that anyone is welcome to move the project along. He expressed his desire to expedite the project but noted the importance of following a procedure.

44. Staff report regarding Colonias Waterline Project.

Keith Kindle, representative from Turner Collie & Braden, Inc gave the following report:

SH359

Work Order # 1 Waste Water Truckline to Chacon Creek -

· Submittal of Tex-Mex Rail Road Permit Complete waiting on permit. Geo-technical Investigations are waiting for Tex-Mex permit. TxDOT Permit complete pending USACE coordination.

· Preliminary Design complete. Final plans are 60% complete but on hold pending permit and geotecnical. Engineer indicates that they are behind schedule two months.

Work Order # 2 Water Distribution and Waste Water Collection for Puebo Nuevo

· Coordination with Webb County for R-O-W is complete identification of permits and exisign utilities are nearly complete. Permit applications for TxDOT are being developed.

· 90% final plans were submitted at the March status meeting and are under review. Engineer indicates that they are behind schedule one month.

Work Order # 3 - Water Distribution and Wastewater Collection for remaining colonias in SH 359 Area

· Design Surveys are 100% complete except Old Milwaukee. Foster Engineering has completed surveys for R-O-W and easements and they are under review by the County.

· The issue of Old Milwaukee continues to delay the project until the R-O-W is finalized. The City may wish to move forward w/o Old Milwaukee and bid these colonia improvements separately.

· A preliminary design report was submitted in February and has been reviewed.

Work Order # 4 - 12" Water Transmission Lines

· Preliminary Design Report has been approved. Final Plans are 95% complete and have been submitted to the TWDB for review. We anticipate advertising the project for bids this month. Coordination with TxDOT for R-O-W permit is ongoing with submittal of P3 Plan, TCP and Revegetation Plan to TxDOT.

· Engineer indicates that they are on schedule.

Work Order # 5 GST and Booster Pump Station

· Notice to Proceed will be issued upon final approval by the City for Oversizing.

Work Order # 6 - Elevated Storage Tank

· Notice to proceed with be issued upon final approval by City for Over sizing.

Mines Road

Mines Road Work Order # 1 - Water Distribution in Mines Road Colonias.

· Coordination with County for right-of-way is complete.

· Topographic and Aerial Surveys are 100% complete.

· Easements required for line work have been identified and have been submitted for a contract amendment for approval this month.

· Geo-technical investigations are 95% complete.

· Preliminary design is 100% complete and comments issued for PER.

· Engineer indicates that they are on schedule.

Mines Road Work Order # 2 - Water Transmission Lines and GST/Booster Pump Station

· Coordination with TxDOT and County for r-o-w is complete.

· Identification of permits and existing utilities is continuing.

· Design surveys are 100% complete.

· Preliminary design is 90% complete with development of background plans and profile sheets for water line. The ground storage tank and booster pump station are on hold pending oversizing determination.

· Engineer indicates that they are on schedule.

Important Dates

A month design status meeting was held on March 25, 2002 at the offices of the Utilities Director between the design consultants, Webb County, TC & B and the City of Laredo. The next design status meeting is scheduled for April 29, 2002 at 1:30 p.m. at the Utilities Director's office.

Project Schedule

The over sizing is now complete. The City is currently contacting the participants to complete the funding agreements and TC & B and the City are negotiating additional engineering fees associated with the design of oversized improvements with the existing design firms. Overall the project is 3 months behind schedule but given the length of the schedule, this delay can easily be caught up during the design or construction phases.

Project Issues/Concerns

Use of Tex-Mex Railroad right-of-way for the SH 359 Work Order # 1. Although City staff has verbally confirmed approval of the permit, the City needs to receive the permit so that the Design Engineer can release the geotechnical investigations and complete the final design.

Acquisition of right-of-way by Webb County for the SH 359 and Mines Road Project Areas. The County has obtained approximately 80% of the right of way in the SH 359 area and recently obtained right-of-way for the Ranchitos Penitas West colonia. The right-of-way acquisition is important because the proposed water and sewer improvements within the colonias are to be placed within the County right-of-way. We are continuing to coordinate with the County on the progress of the right-of-way acquisition.

The City of Laredo, TC & B and the design consultants met with the TxDOT Area Engineer earlier this month to review perceived issues with the TxDOT permitting process. The meeting was productive and an exchange of questions and answers. TxDOT committee to a 2-week turnaround for permits that are submitted complete. In order to ensure that the permits submitted are complete, TC & B has developed a list of questions from the City and design consultant and submitted them to TxDOT for clarification. A second coordination meeting will probably occur this month to review TxDOTSs response/guidance.

The City of Laredo distributed the standard specifications and Drafting Standards prepared by TC & B to the various Engineering firms at the last meeting. TC & B distributed the standard front-end documents and TWDB Special Conditions forms to the firms this month.

Several firms have submitted additional costs for the preparation of descriptions for the easements required for the proposed water and sewer improvements. TC & B has submitted these requests to the City for considerations of approval by the City Council later this month.

Over sizing Requests

The City has received commitments from the participating developers for the Mines Road and SH 359 project areas. TC & B submitted the final model run last month ot the City and staff is currently completing the coordination with the participants for the funding agreements. As discussed earlier, TC & B and Ctiy staff is negotiating the additional design fees from the existing design firms for the additional design effort required to complete the oversized improvements. TC & B will be requesting approval of additional compensation for some of the firms at this month's agenda meeting.

XIII. EXECUTIVE SESSION

The City Council hereby reserves the right to go into executive session at any time during this public meeting, if such is requested by the City Attorney or other legal counsel for the City, pursuant to his duty under Section 551.071(2) of the Government Code, to consult privately with client on an item on the agenda, or on a matter arising out of such item.

XIV. 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. Agredano

For: 8 Against: 0 Abstain: 0

45. 2002-RT-001 Authorizing the City Manager to accept and execute an amendment

to grant agreement 51122F6041 State Project Number VCR 0107 between the Texas Department of Transportation and the City of Laredo to extend the period of the grant agreement to March 31, 2003.

Motion to postpone.

Moved: Mayor Pro Tempore Valdez

Second: Cm. Galo

For: 8 Against: 0 Abstain: 0

46. Request by Council Member Jose A. Valdez, Jr.

Discussion with possible action on installing bus shades on Bristol Drive, Rancho

Viejo Drive, and Eagle Pass Avenue.

Cm. Valdez stressed the importance of having shades for all bus stops.

Joe Guerra, Interim Transit Center Director, said they are in the bid process for 25 additional shades. He said a bus stop must serve 20 to 25 persons a day to qualify for a shade.

Motion to adjourn as the Laredo Mass Transit Board and convene as Laredo City Council.

Moved: Cm. Galo

Second: Cm. Amaya

For: 8 Against: 0 Abstain: 0

XV. ADJOURNMENT

Motion to adjourn. Time: 8:30 p.m.

Moved: Cm. Galo

Second: Cm. Amaya

For: 8 Against: 0 Abstain: 0

I, Gustavo Guevara, Jr., City Secretary, do hereby certify that the above minutes contained in pages 01 to 32 are true, complete, and correct proceedings of the City Council held on March 25, 2002.

_______________________________

Gustavo Guevara, Jr.,

City Secretary