CITY OF LAREDO

                                                    CITY COUNCIL MEETING

                                                                   M2003-R-07

                                                  CITY COUNCIL CHAMBERS

                                                      1110 HOUSTON STREET

                                                        LAREDO, TEXAS 78040

                                                                  APRIL 7, 2003

                                                                      5:30 P.M.

 

 

I.         CALL TO ORDER

 

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

 

II.         PLEDGE OF ALLEGIANCE

 

             Mayor Flores led in the Pledge of Allegiance.

 

III.      ROLL CALL

 

            In attendance:

 

            Elizabeth G.  Flores,                                                                 Mayor

            Alfredo Agredano,                                                                    Mayor Pro Tempore, District I

            Hector Garcia,                                                                          Council Member, District II

            Johnny Amaya,                                                             Council Member, District IV

            Eliseo Valdez, Jr.,                                                                     Council Member, District V

            Gene Belmares,                                                                        Council Member, District VI

            Juan Ramirez,                                                                           Council Member, District VIII

            Gustavo Guevara, Jr.,                                                               City Secretary

            Larry Dovalina,                                                             City Manager

            Cynthia Collazo,                                                                       Assistant City Manager

            Jaime Flores,                                                                            City Attorney

           

            Motion to excuse Cm.  Jose A.  Valdez Jr. and  Cm.  John C. Galo.

 

            Moved:  Mayor Pro Tempore Agredano          

            Second:  Cm.  Amaya

            For:     5                                               Against:  0                                            Abstain:  0

 

            Cm.  Garcia was not present.

 

IV.       MINUTES

 

            None.

 

            Cm.  Garcia joined meeting at 5:40 p.m.

 

 

V.        COMMUNICATIONS AND RECOGNITIONS

 

Announcements

 

Invitations

 

a.  Presentation by Norma Treviño on the HEB #6-Zapata Highway ribbon cutting-

    open house on Friday, April 11, 2003 at 9:00 a.m. 

 

Norma Trevino, representing H.E.B., personally invited Mayor Flores and Council Members to join them in the ribbon cutting ceremony on their new 78,000 square foot store located on South Zapata Highway.

 

b.  Presentation by Marta Stineff, Lado Lado, on the Annual Diabetes 5K Walk on  

    April 12, 2003 from 8:00 a.m. to 10:00 a.m. at the Laredo Entertainment Center.

 

    Martha Stineff, representing Lado Lado, stated that Laredo has a high incidence   

    of diabetes.  In order to raise awareness of this disease, they will be organizing 

    this walk and raise some funds in order to provide medical services to those

    afflicted with this disease as well as to increase awareness.  She invited Mayor

    Flores, City Council Members, and the general public to this event. 

 

Recognitions

 

a.  Recognition of the Laredo Bucks for advancing in the playoffs of the Southern 

     Conference of the CHL; and approval of Resolution 2003-R-038.

 

      Mayor Flores and City Council presented Kiki de Ayala with a Resolution for the outstanding record maintained by the Laredo Bucks within the Central Hockey League and for bringing additional tourism and commerce to the City  of Laredo.

 

b.  Recognition of Texas A & M International University Mariachi Internacional for

their outstanding performance at the City of Laredo's reception in Washington, D.C. on March 19, 2003; and approval of Resolution No.  2003-R-033.

 

Mayor Flores presented a copy of the Resolution to each of the members of the TAMIU Mariachi group. 

 

c.  Recognition of the 2002-2003 United High School Varsity Basketball Team for 

     their outstanding season. 

 

      Mayor Flores and City Council Members publicly recognized the team for their hard work and accomplishments throughout this basketball season. 

 

d.  Recognition of Fernando Sotelo and Alex Quintanilla of the Environmental

Services Department's Hazardous Materials Division for receiving a Certificate of Appreciation by the U.S. Department of the Treasury, Customs Service, for their outstanding support and contribution to the Office of the Resident Agent in Charge.

 

Mayor Flores presented Fernando Sotelo and Alex Quintanilla, Environmental Investigators, with Certificates of Appreciation for their quick action and contribution to the U.S. Customs Service. 

 

e.  Recognition of Juan R. Garza of the Parks & Recreation Department for  

     providing first aid assistance to an injured child.

 

      Mayor Flores presented Juan R. Garza with a Seven Flags Certificate in recognition of his forethought and immediate response to an injured child.

 

f.  Recognition of Eulogio "Chacho" Gonzalez, of Engineering/Public Works

    Department, for being selected March Employee of the Month. 

 

Mayor Flores publicly recognized EulogioChacho” Gonzalez for his dedicated  service and contribution to the City of Laredo. 

 

Communiqués

 

                        a.  UTSA presentation by President Dr. Ricardo Romo.

                                   

                              Dr. Romo publicly thanked Mayor Flores and Council Members for allowing UTSA’s delegation to come into our community and meet with students from the local high schools to inform them of the opportunities that UTSA has to offer and to provide an exchange of information and ideas. 

                             

Mayor Flores reminded the general public that the City’s Environmental Services Department is holding a Household Hazardous Waste Collection Event and Tire Roundup this weekend at the El Metro Park and Ride.   Also, the City will be hosting its Second Small Business Hazardous Waste Collection Event on April 11th at 6912 Hwy. 359 from 9:00 a.m. to 3:00 p.m.  Mayor Flores also publicly read a portion of a resolution drafted by the District and County Court at Law judges of Webb County regarding the Municipal Court judgeship.  It mentions that they strongly believe and endorse the democratic principle of electing judicial candidates for city positions and urge that the City continue to allow its citizens the right to select the candidates of their choice.   Mayor Flores also publicly read a letter from the Transportation and Traffic Safety Advisory Committee:

 

“We would like to take this opportunity to thank you for the opportunity to serve the citizens of Laredo and the opportunity to provide the City Council with accurate and timely information. 

 

The purpose of this letter is to share with the City Council our displeasure and concern with the status of ongoing constructions projects under the oversight and responsibility of the Texas Department of Transportation.  Our committee receives regular updates from TxDOT and to this date not a single project has been completed on schedule.

 

To name a few projects which directly impact the mobility and safety of our citizens are the Loop 20 and McPherson Interchange, Loop 20 and University Boulevard, Loop 20 vicinity of the Arena, Loop 20 and IH 35 Interchange and Hwy 83 and Rio Bravo Interchange to name a few.  Month after month we receive reports of projected project completion dates only to see those dates come and go.  Some of the reasons given were lack of the necessary construction materials, failure to obtain the necessary utility easements, failure to identify additional work required and a lack of coordination between contractors and other agencies.

 

Failure to complete these and other projects on time not only is frustrating to the citizens of Laredo, but it impacts on overall safety and our ability to conduct international commerce in a safe and timely manner.  Our committee respectfully requests your attention to this matter and as always we stand ready to serve the council and citizens of Laredo. 

 

Sincerely,”

 

Hilario Cavazos, III; Calixto Sandoval; Felix Canales; Amber Yeary; Greg Ebe; Tomas M. Rodriguez, Jr.; Pedro Alegria; Rolando G. Ortiz; and Henry D. Alexander – Members of the Transportation & Traffic Safety Advisory Committee

 

                        Cm. Agredano mentioned that he was honored to be present at the City’s Health Department this past week to proclaim Health Week.  He also thanked the Public Works Department for the blinking lights that were installed by an elementary school on Ejido St.  He stated that L.I.S.D. also provided some assistance to get those lights installed at said location

 

                        Cm. Amaya thanked Roberto Murillo, Traffic Department Director and the Traffic Department for activating a traffic signal at Lyon St. and San Francisco.  He stated that it was a much needed traffic light at this intersection. 

 

                        Cm. E. Valdez, Jr. commented on the soldiers serving our country in Iraq and asked the public to pray for all of them.

 

                        Cm. Belmares mentioned that there were some members of the Environmental Advisory Committee who were out this past Saturday touring the unique green spaces that we are trying to preserve.  He thanked Riazul Mia, Environmental Services Director, was out touring the area also.  He mentioned that the City has worked hard as of late to make a great leap in protecting Laredo’s environment.  He added that the Committee members are united in providing one of the best ordinances that the City will ever have for green space preservation.  He also thanked Chairman Beckelhymer, Judd Gilpin, and Dr. James Earhart for their input on the ordinance and their preservation efforts.  He also thanked Rick Johnson from United Water for all the work done over the weekend. 

   

VI.       APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES

 

a.   Appointment by Council Member Jose A. Valdez, Jr. of Virginia Mueller to the Board of Adjustments Committee.

 

     Motion to approve the appointment of Virginia Muller to the Board of Adjustments.

 

 

     Moved:  Mayor Pro Tempore Agredano

     Second:  Cm.  Amaya

     For:      6                                         Against:  0                                            Abstain:  0

 

b.  Appointment by Council Member Juan Ramirez of Diana Rodriguez to the Laredo

     Commission for Women.

 

Motion to approve the appointment of Diana Rodriguez to the Laredo Commission for Women.

 

     Moved:  Mayor Pro Tempore Agredano

     Second:  Cm.  Amaya

     For:      6                                         Against:  0                                            Abstain:  0

 

VII.          PUBLIC HEARINGS

 

1.  Public hearing and introductory ordinance amending the City of Laredo FY 2002-2003  

annual budget by decreasing revenues and expenditures in the amount of $8,190.00 from the Texas Department of Health for the Tuberculosis Prevention/Control Federal Project of the City of Laredo Health Department for the period beginning January 1, 2003 through December 31, 2003.

 

Motion to open the public hearing.

 

Moved:  Cm.  Amaya

Second:  Cm.  Garcia

For:      6                                         Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Mayor Pro Tempore Agredano

Second:  Cm.  Belmares

For:      6                                         Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

2.  Public hearing and introductory ordinance amending an ordinance and allowing, under

the act governing the Texas Municipal Retirement System, updated service credits:  in said system on an annual basis for service performed by qualifying members of such system who at the effective date of the allowance are in the employment of the City of Laredo; providing for an increased prior and current service annuities for retirees and beneficiaries of decease retirees of the City; to increase the rate of deposits to the Texas Municipal Retirement system by the employees of the City from 5% to 7%; and establishing an effective date for the ordinance.  This Ordinance will allow the City to increase the City contribution rate from approximately 10% to 14% which will improve the City employee pension plan.

 

Motion to open the public hearing.

 

Moved:  Cm. Belmares

Second:  Mayor Pro Tempore Agredano

For:     6                                          Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Mayor Pro Tempore Agredano

Second:  Cm.  Garcia

For:     6                                          Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

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

grant in the amount of $65,000.00 from the Texas Department of Transportation for the enforcement of the seat belt law and amending the City of Laredo FY 2002-2003 annual budget in the amount of $65,000.00.  This grant is for overtime salaries and is funded 100% by the Texas Department of Transportation.

 

Motion to open the public hearing.

 

Moved:  Mayor Pro Tempore Agredano

Second:  Cm.  Amaya

For:     6                                          Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Belmares

Second:  Cm.  Garcia

For:      6                                         Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

4.  Public hearing and introductory ordinance authorizing the approval of overweight

penalty fees to be considered as part of the International Bridges toll receipts and follow the flow of funds as described in Resolution # 98-R-164 and hereby repealing all conflicting sections in all ordinances currently in effect.

 

Motion to open the public hearing.

 

Moved:  Cm.  Belmares

Second:  Cm.  Amaya

For:     6                                          Against:  0                                            Abstain: 0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Belmares

Second:  Cm.  Amaya

For:     6                                          Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

5.  Public hearing and introductory ordinance amending the Laredo Municipal Housing FY

2003 budget by drawing down and appropriating $865,000.00 from the opening balance to the City’s Capital Improvement Fund.  This transfer will be set up to carry out necessary repairs associated with the owner-occupied units constructed by the Laredo Affordable Housing Corporation as part of Los Obispos Affordable Housing Project.  The amendment is authorized by the Laredo Municipal Housing Corporation’s Article’s of Incorporation.

 

Motion to open the public hearing.

 

Moved:  Mayor Pro Tempore Agredano

Second:  Cm.  Garcia

For:     6                                          Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Mayor Pro Tempore Agredano

Second:  Cm.  Amaya

For:     6                                          Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

VIII.     GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS

           

6.  A.  Request by Mayor Pro-Tempore Alfredo Agredano

 

1.  Discussion with possible action on an ordinance regarding non-smoking. 

                 (Co-sponsored by Council Member Hector J. Garcia)

 

Ms. Adriana Aguirre Craddock, Director of Coalitions and Initiatives for Serving Children and Adolescents in Need, spoke in favor of a non-smoking ordinance and submitted for consideration by City Council a proposed clean air/non-smoking ordinance for the City.  She submitted a preparation packet for Mayor Flores and Council Members.  She mentioned that Texas has one of the toughest ordinances in the country.  She pointed out that 22% of its citizens smoke tobacco.  The overwhelming majority of people, 78%, do not smoke and are often forced to be exposed to second hand tobacco smoke.  She explained that second hand tobacco smoke has been proven to cause lung cancer and children who are exposed to second hand smoke have a greater chance of developing illnesses such as bronchitis, pneumonia, and ear infections.  She added that the Webb County Community Coalition proposes that a clean air non-smoking ordinance be implemented by the City and urges City Council to vote in favor of this ordinance.

 

Motion to amend the existing ordinance to incorporate the additional public places.

 

Moved:  Mayor Pro Tempore Agredano

Second:  Cm. E. Valdez, Jr.

For:    6                                  Against:  0                                        Abstain: 0

 

                  B.  Request by Council Member Hector J. Garcia

 

1.  Update on violations of car sales lots in District II.

 

      Keith Selman, City Planner, stated that what they try to do is get compliance rather than issue citations.  He stated that they issued written warnings shortly after the list was presented to staff by Cm. Garcia.  He added that they typically give the violators four to six weeks for compliance and if compliance has not occurred within this period of time, then they issue citations.   What they are preparing to do is get into a process of looking at the used car lots for code enforcement under the existing ordinances.  If they should happen to determine that these ordinances are inadequate they would come back to submit an amendment to the ordinances.

     

       C.  Request by Council Member Johnny Amaya

 

                        1.  Status report on the traffic study for Buena Vista area, with possible action.

 

                              John Orfila, from Public Works Department, reported that they have completed two of the intersections:  Travis St. and Buena Vista and Montgomery St. and Buena Vista.  He expects to be done with this project within the next two weeks once they can get the asphalt crew out to these locations. 

 

      D.  Request by Council Member Gene Belmares

 

1.  Presentation by the Major Indoor Soccer League with discussion and

possible action.  (Co-Sponsored By Council Member Jose A. Valdez, Jr. and   

Council Member Hector J.  Garcia)

 

Steve Ryan, Commissioner of the Indoor Soccer League, spoke on expanding its 2003/2004 season to include Laredo.  He stated that indoor soccer is one of the fastest, most explosive and popular sports in the world.  He commented that MISL is a Single Entity League which is separately capitalized and controls all player contracts, intellectual property, and arena leases.  MISL is concluding its second year of operations with an average attendance of 5,500 fans per game.  MISL has major national sponsors such as Reebok, Spalding, and Midwest Airlines.  He explained that they have commissioned Victory Data to conduct market research in Laredo and their studies have found that the average age for soccer fan would be younger than the average hockey fan and that families would be more likely to attend MISL games.  Also, 46% of the respondents showed an interest to attend MISL games at the Laredo Entertainment Center.  He added that the presence of an MISL team in Laredo would improve the image of the city. 

 

2.   Discussion on Storm water and Flood Plain management issues along the

      Manadas Creek area from IH 35 east to Loop 20, with possible action.

 

Riazul Mia, Environmental Services Director, reported that Manadas Creek is a 10,000 acre watershed up to the river.  He explained that the area along the San Isidro development has been amended.  In the section along the bridge by McPherson there is only a 100-foot drainage easement which was cleaned six months ago.  There is a two or three plat coming in which they are asking for an additional easement from the landowner.   There is also a 100-foot drainage easement in a section of Manadas Creek.  He mentioned that they are addressing the issues as the plats are coming in.  Another possibility, once the FEMA study is done, would be to review the map and come up with a possible channel design. 

 

Larry Dovalina, City Manager, mentioned that there have been two major developments that have occurred since the last storm issue.   Number One, on the issue of the box culvert that TxDOT installed, there is an agreement signed with the developer of the tract and they have taken a box culvert that now feeds into an upper detention area.  Number Two, the large detention area will see some pipe at the base of that particular structure to allow for drainage during  normal dry weather.  Consequently, when a rain event occurs there is no water in the detention area and it will, therefore, be able to hold more water. 

 

3.   Discussion on developing access from IH 35 to San Isidro Parkway, with

      possible action.

 

      Keith Selman, City Planner, stated that this is a proposal that has been seen in the San Isidro Master Plan.   He added that the technical committee for LUTS is also the technical committee for the Metropolitan Policy Organization committee which recommended that this project be incorporated into next year’s Metropolitan Transportation Plan.    

 

4.   Discussion with possible action regarding progress on the Development  

      Standard  Specification Book.

 

      Keith Selman, City Planner, reported that they have a draft document that is near completion.  He stated that they have met with developers, contractors, and engineers in the community to work out the details of a specification book.  He expects to bring a draft document for presentation before City Council within 30 days and then go before the Planning and Zoning Commission.  Following that action, they will bring the final product before City Council for adoption.   

 

      Cm. Belmares recommended that they set a time frame for the first meeting in June for presentation of the final document. 

 

                 E.  Request by Council Member Juan Ramirez

 

1.  Discussion with possible action on striping parking spaces at the north

     entrance of Dovalina Elementary.

 

      Roberto Murillo, Traffic Director, reported that one of his concerns at public right of way is abiding by the ordinances regarding parking lots.  He stated that the public uses the area right now as a drop off point for the school children. 

 

      Larry Dovalina, City Manager, stated that it would be better if staff studies the area and makes a recommendation to make sure that homeowners on either side have access to their properties. 

 

2.  Status report on the Calle Iturbide Project.

 

                              Rogelio Rivera, City Engineer, reported that from the beginning the department knew it would be a slow-moving process for this project.  Overall the project is approximately 20% complete.  He added that most of the underground utilities are in but they are still lacking the water.  Once the underground utilities are done, the surface improvements should be finished faster.  He anticipates a completion date for the project of January, 2004. 

 

3.  Discussion with possible action on a solution to traffic congestion around the San Agustin Plaza.

 

      Roberto Murillo, Traffic Director, stated that a study was conducted almost two years ago.  The findings in the study indicate that the level of service was adequate for that area except for one intersection.  The alternative solution would be to reverse the flow around the Plaza and then convert Grant St. into a one-way street.  The only problem with this option would be that when events are held on San Agustin there would be traffic problems.  Another factor to keep in mind is that Convent St. is proposed to be a one-way street after completion of El Portal project. 

 

      Larry Dovalina, City Manager, stated that the City will be doing a one-way north at the initiation of the construction project which is probably mid-June or early July.   A solution to this problem would be a realization by the church that they can no longer double park on that street.  He mentioned that there needs to be an understanding that there is a responsibility to acquire off-street parking. 

 

IX.       INTRODUCTORY ORDINANCES

 

7.  Authorizing the City Manager to execute a lease with Roberto Villaseñor for

approximately 960 square feet constituting Building No. 1319 located at 4011 North Jarvis Avenue at the Laredo International Airport.  Lease term is for two (2) years commencing on December 1, 2002 and ending on November 30, 2004.  Monthly rent shall be $317.02 and will be adjusted annually according to changes in the Consumer Price Index; providing for an effective date.

 

Ordinance Introduction:  City Council

 

8.  Authorizing the City Manager to grant a license to Grande River  

Communications, L.L.P. for the use of a telecommunications PVC conduit located at the Juarez-Lincoln International Bridge and the use of 47 linear feet of City right-of-way from the river bank to the 500 block of Iturbide Street, Laredo, Webb County, Texas.  License term is five (5) years commencing on May 5, 2003 and ending May 4, 2008.  Annual rent shall start at $15,194.00 with a five percent (5%) increase each anniversary date plus $5.00 per linear foot per year for the use of right-of-way; providing for effective date.

 

Ordinance Introduction:  City Council

 

X.        FINAL READING OF ORDINANCES 

 

            Motion to waive the final readings of Ordinance # 2003-O-075; # 2003-O-076; # 2003-O-077; # 2003-O-078; # 2003-O-079; # 2003-O-080; # 2003-O-081; # 2003-O-082; # 2003-O-083; # 2003-O-084; # 2003-O-085; # 2003-O-086; # 2003-O-087; # 2003-O-088; #2003-O-089; #2003-O-090; and # 2003-O-091. 

 

            Moved:  Cm.  E.  Valdez, Jr.

            Second:  Mayor Pro Tempore Agredano

            For:     6                                               Against:  0                                            Abstain:  0

           

9.  2003-O-075  Amending the Zoning Ordinance Map of the City of Laredo by rezoning

9.6982 acres, as further described by metes and bounds in attached Exhibit “A”, located south of Highway 359 and approximately one and a half miles east of Loop 20, from R-1 (Single Family Residential District) to R-1A (Single Family Reduced Area District); providing for publication and effective date.

 

Motion to adopt Ordinance # 2003-O-075.

 

Moved:  Mayor Pro Tempore Agredano

Second:  Cm.  Garcia

For:     6                                Against:  0                                Abstain:  0

 

                 2003-O-076  Amending the Zoning Ordinance Map of the City of Laredo by rezoning

   8.48 acres, as further described by metes and bounds in attached Exhibit

   “A”, located at the rear of 6801 McPherson Road, from B-1 (Limited   

   Commercial District) to B-3 (Community Business District); providing for 

   publication and effective date. 

 

Motion to adopt Ordinance # 2003-O-076.

 

Moved:  Mayor Pro Tempore Agredano

Second:  Cm.  Garcia

For:     6                                Against:  0                                Abstain:  0

 

     2003-O-077  Amending the Zoning Ordinance Map of the City of Laredo by rezoning

   16.05 acres, as further described by metes and bounds in attached Exhibit

   “A”, located west of Indian Sunset Subdivision, Phase 3, from AG  

   (Agricultural District) to R-1A (Single Family Reduced Area District);

   providing for publication and effective date.

 

Motion to adopt Ordinance # 2003-O-077.

 

Moved:  Mayor Pro Tempore Agredano

Second:  Cm.  Garcia

For:     6                                Against:  0                                Abstain:  0

 

                 2003-O-078  Amending the Zoning Ordinance Map of the City of Laredo by rezoning

   3.6584 acres, as further described by metes and bounds in attached Exhibit

   “A”, located west of Highway 83 and north of Santa Martha Boulevard,

   from B-3 (Community Business District) to B-4 (Highway Commercial

   District); providing for publication and effective date.

 

Motion to adopt Ordinance # 2003-O-078.

 

Moved:  Mayor Pro Tempore Agredano

Second:  Cm.  Garcia

For:     6                                Against:  0                                Abstain:  0

  

     2003-O-079  Amending the Zoning Ordinance Map of the City of Laredo by rezoning

                           Lots 10, 11, and 12, Block 791, Eastern Division, located at 1402

   Chihuahua St., from R-O (Residential/Office District) to B-3 (Community   

   Business District); providing for publication and effective date. 

 

Motion to adopt Ordinance # 2003-O-079.

 

Moved:  Mayor Pro Tempore Agredano

Second:  Cm.  Garcia

For:     6                                Against:  0                                Abstain:  0

 

                 2003-O-080  Amending the Zoning Ordinance Map of the City of Laredo by rezoning

   Lots 5, 6, 7, and 8, Block 527, Eastern Division, located at 902 San Carlos

   St.  from R-3 (Mixed Residential District) to R-2 (Multi-Family

   Residential District); providing for publication and effective date. 

 

Motion to adopt Ordinance # 2003-O-080.

 

Moved:  Mayor Pro Tempore Agredano

Second:  Cm.  Garcia

For:     6                                Against:  0                                Abstain:  0

 

                 2003-O-081  Amending the Zoning Ordinance Map of the City of Laredo by rezoning

   Lot 6, Block 191, Western Division, located at 1115 San Dario Avenue,

   from B-1 (Limited Commercial District) to B-3 (Community Business

   District); providing for publication and effective date.

 

Motion to adopt Ordinance # 2003-O-081.

 

Moved:  Mayor Pro Tempore Agredano

Second:  Cm.  Garcia

For:     6                                Against:  0                                Abstain:  0

   

                 2003-O-082  Amending the City of Laredo 2002-2003 annual budget by increasing the

   revenue and expenditure appropriations in the amount of $1,549,895.60 for

   the lease purchase of 60 police sedans for the Laredo Police Department. 

   Funding is available in the Police Trust Fund.  (As amended)

 

Motion to adopt Ordinance # 2003-O-082.

 

Moved:  Mayor Pro Tempore Agredano

Second:  Cm.  Garcia

For:     6                                Against:  0                                Abstain:  0

 

 2003-O-083  Amending the City of Laredo 2002-2003 annual budget in the amount of

$89,410.00 for the Laredo Financial Disruption Task Force.  Funding is

available from the opening fund balance of the Financial Task Force Fund (223) and will be used to purchase equipment.

 

Motion to adopt Ordinance # 2003-O-083.

 

Moved:  Mayor Pro Tempore Agredano

Second:  Cm.  Garcia

For:     6                                Against:  0                                Abstain:  0

 

2003-O-084  Amending the City of Laredo 2002-2003 annual budget by appropriating

revenues and expenditures in the amount of $5,000.00 from the Texas Department of Health for “Los Dos LaredosBinational Health Council of the City of Laredo Health Department for the period of October 1, 2002 through September 30, 2003.

 

Motion to adopt Ordinance # 2003-O-084.

 

Moved:  Mayor Pro Tempore Agredano

Second:  Cm.  Garcia

For:     6                                Against:  0                                Abstain:  0

 

2003-O-085  Amending ordinance 88-O-006 of January 5, 1988 as amended by

ordinance 89-O-131 of July 17, 1989 and Ordinance 97-O-148 of July 7, 1997, to create a Summer Fun Bus Pass fee for students at a rate of $19.95 for students ages 6-18 years old to provide unlimited rides on all El Metro buses during the Summer months from June 1, 2003 through August 31, 2003.

 

Motion to adopt Ordinance # 2003-O-085.

 

Moved:  Mayor Pro Tempore Agredano

Second:  Cm.  Garcia

For:     6                                Against:  0                                Abstain:  0

 

                  2003-O-086  Amending the City of Laredo Fiscal Year 2003 Capital Improvements

   Projects Fund annual budget by appropriating revenues of $481,500.00 in

   the form of a grant and appropriating expenditures in the amount of

   $481,500.00 for the construction and redevelopment of Seven Flags Park

   with 80% funding from the National Park Service UPARR Grant Program,

   10% from Texas Parks and Wildlife and 10% local matching funds from

   Community Development Block Grants.

 

Motion to adopt Ordinance # 2003-O-086.

 

Moved:  Mayor Pro Tempore Agredano

Second:  Cm.  Garcia

For:     6                                Against:  0                                Abstain:  0

 

                 2003-O-087  Amending the City of Laredo 2002-2003 annual budget, Capital

   Improvements Fund by appropriating $4,400,000.00 from fund balance

   and appropriating expenditures in the amount of $4,400,000.00 for the

   Civic Center renovation and expansion project.

 

Motion to adopt Ordinance # 2003-O-087.

 

Moved:  Mayor Pro Tempore Agredano

Second:  Cm.  Garcia

For:     6                                Against:  0                                Abstain:  0

 

2003-O-088  Amending Section 31-3 of the Code of Ordinances to provide for two

exceptions to the prohibition of water services for other than industrial purposes outside city limits, these exceptions being for future water service (1) to the Colonias and (2) to any facility or building owned by the City of Laredo, United Independent School District or Webb County; and providing for an effective date.  (As amended)

 

Motion to adopt Ordinance # 2003-O-088.

 

Moved:  Mayor Pro Tempore Agredano

Second:  Cm.  Garcia

For:     6                                Against:  0                                Abstain:  0

 

2003-O-089  Authorizing the City Manager to enter into a contract with the Laredo

Independent School District, and amending the City of Laredo FY 2002-2003 annual budget by appropriating revenues and expenditure in the amount of $73,500.00 for Immunization Program of the City of Laredo Health Department for the period beginning April 1, 2003 through August 31, 2003.

 

Motion to adopt Ordinance # 2003-O-089.

 

Moved:  Mayor Pro Tempore Agredano

Second:  Cm.  Garcia

For:     6                                Against:  0                                Abstain:  0

 

2003-O-090  An ordinance re-adopting guidelines and criteria governing tax abatements

by the City of Laredo, as required by State law; providing for severability, publication, and effective date.

 

Motion to adopt Ordinance # 2003-O-090.

 

Moved:  Mayor Pro Tempore Agredano

Second:  Cm.  Garcia

For:     6                                Against:  0                                Abstain:  0

 

                 2003-O-091  Authorizing the City Manager to execute an Assignment of Lease between

   the City of Laredo, as Lessor, and International Bank of Commerce

   (“IBOC”) and Sanchez O’Brien Oil and Gas Corp., A Joint Venture, as

   Tenant/Assignor, for approximately 26,965 sq. ft. of land, including the

   approximate 12,000 square feet constituting the west section of Hangar

   No. 1309 located at the Laredo International Airport authorized by

   Ordinance No. 93-O-029 dated March 1, 1993, and as amended on January

   5, 1998, by Ordinance No.  97-O-323. Said Assignment will be to Labata

   Services, as Assignee.  All other terms and conditions remain unchanged

   and in effect; and contingent upon approval of the Assignment of Lease,

   further authorizing the City Manager to execute a Release of Tenant’s

   Liability, for the benefit of International Bank of Commerce and Sanchez

   O’Brien Oil and Gas Corporation, A Joint Venture; providing for an

   effective date.

 

Motion to adopt Ordinance # 2003-O-091.

 

Moved:  Mayor Pro Tempore Agredano

Second:  Cm.  Garcia

For:     6                                Against:  0                                Abstain:  0

 

XI.       RESOLUTIONS

 

10.  2003-R-031  Declaring the public necessity to acquire the "surface only" of a 4.3869

acre tract of land, more or less, as a 125‑feet‑wide roadway and drainage right‑of‑way for the Springfield Avenue Extension Project; said tract in the City of Laredo, Webb County, Texas, being situated in Porcion 24, Toribio Rodriguez original grantee, and said 4.3869 acres being a part of that certain tract of land called to contain 31.5 acres, which was conveyed by Gilbert L. Leyendecker and wife, June G. Leyendecker to Leyendecker Properties, Ltd., by special warranty deed dated March 11, 1996 and recorded in Volume 390, pages 694‑698, Webb County deed records; and said 4.3869 acres being more particularly described by metes and bounds on the attached exhibit "A" and shown on the survey on the attached exhibit “B”; authorizing staff to negotiate with the owner for the acquisition of said parcel by purchase at a market value to be established by a state certified real estate appraiser; further authorizing the city attorney to initiate condemnation proceedings to acquire said parcel if staff is unable to acquire through negotiations due to inability to agree to a purchase price, conflict of ownership, owner refusal to sell, and/or inability to locate the listed owner; and replacing Resolutions Nos. 2001‑R‑119 and 2001‑R‑120 on the same subject.

 

Motion to approve Resolution # 2003-R-031.

 

Moved:  Cm.  E.  Valdez, Jr.

Second:  Cm.  Ramirez

For:     6                              Against:  0                                Abstain:  0

 

11.  2003-R-032   Supporting improvements to the current rebate sales tax system (Texas

     Export Certificate Program) for merchandise exported from Texas.

 

Miguel Conchas, President of the Laredo Chamber of Commerce, mentioned that there are presently several bills at the State Senate and House of Representatives that call for the elimination of the system as we have it.  It is the position of the Chamber of Commerce that if the system is eliminated, it will have a negative impact on the retail industry, particularly along the border.  Many of the chambers across the border have taken a position of opposing the elimination of the manifiesto program.   The Board of Directors has taken the position of opposing the elimination of the program.   He stated that they certainly are not opposed to a system that is improved and would eliminate any kind of abuse of the system.  However, he feels that if the system is altogether eliminated, it will have a negative impact on the retail industry.  He added that they will continue to work with the retailers along these lines and asks for support of the resolution that is being considered tonight.  

 

Motion to approve Resolution # 2003-R-032.

 

Moved:  Cm.  E.  Valdez, Jr.

Second:  Cm.  Ramirez

For:     6                              Against:  0                                Abstain:  0

 

12.  2003-R-033  Recognizing TAMIU Mariachi Internacional for their outstanding

performance at the Laredo Day in Washington, D.C. reception on March 19, 2003.

 

  Motion to adopt Resolution # 2003-R-033.

 

Moved:  Cm.  Ramirez

Second:  Cm.  Amaya

For:     6                              Against:  0                                Abstain:  0

 

13.  2003-R-034  Directing publication of notice of intention to issue City of Laredo, Texas

Combination Tax and Revenue Certificates of Obligation, Series 2003, in the principal amount of $3,550,000, for paying all or a portion of the City’s Contractual Obligations for the purpose of constructing drainage improvements, including a pilot channel, and constructing and equipping a fire station, and for the payment of legal, fiscal, architectural and engineering fees in connection with such projects.

 

 Motion to approve Resolution # 2003-R-034.

 

Moved:  Cm.  E.  Valdez, Jr.

Second:  Cm.  Ramirez

For:     6                              Against:  0                                Abstain:  0

 

14.  2003-R-035  Directing publication of notice of intention to issue City of Laredo, Texas

 Combination Tax and Sewer System Revenue Certificates of Obligation,  

 Series 2003, in the principal amount of $3,660,000 for paying all or a  

 portion of the City’s Contractual Obligation for the purposes of  

 constructing, improving and extending the City’s Sewer System, and the

 payment of legal, fiscal and engineering fees in connection with this

 project.

 

 Motion to approve Resolution # 2003-R-035.

 

Moved:  Cm.  E.  Valdez, Jr.

Second:  Cm.  Ramirez

For:     6                              Against:  0                                Abstain:  0

 

15.  2003-R-036  Increasing the telephone line rates for residential, non-residential, and

point-to-point services following the 2003 Consumer Price Index (CPI) to Municipal Telecommunications right-of-ways as recommended by the Public Utility Commission.

 

  Motion to approve Resolution # 2003-R-036.

 

Moved:  Cm.  E.  Valdez, Jr.

Second:  Cm.  Ramirez

For:     6                              Against:  0                                Abstain:  0

 

16.  2003-R-037 Authorizing the Administrative Services to accept and execute the                        policies of the Health Insurance Portability and Accountability Act of 1996 (HIPAA); and providing for the implementation of these policies with the employees of the City of Laredo.

 

  Motion to approve Resolution # 2003-R-037.

 

Moved:  Cm.  E.  Valdez, Jr.

Second:  Cm.  Ramirez

For:     6                              Against:  0                                Abstain:  0

 

17.  2003-R-038   Recognizing the Laredo Bucks for advancing in the playoffs of the

     Southern Conference of the CHL.

 

  Motion to approve Resolution # 2003-R-038.

 

Moved:  Cm.  E.  Valdez, Jr.

Second:  Cm.  Ramirez

For:     6                              Against:  0                                Abstain:  0

 

XII.      MOTIONS

 

18.  Consideration to award contract number FY03-047, to the sole bidder, G.T.

Distributors, Austin, Texas, in the estimated amount of $39,429.50 for the purchase of fifty pistols and extra clips for the Police Department.  Funding is available in the Police Trust Fund.

 

Motion to approve.

 

Moved:  Mayor Pro Tempore Agredano

Second:  Cm.  E.  Valdez, Jr.

For:     6                                        Against:  0                                            Abstain:  0

 

19.  Consideration to award contract FY03-048 to the low bidder, Galls, Inc., Lexington,

KY, in the estimated annual amount of $180,000.00 for the purchase of uniforms, boots and accessories.  These items are included in the Collective Bargaining Agreement between the City and the Firefighters Union.  Each firefighter has a $500.00 clothing allowance that may be used to purchase any of the listed items in the agreement.  The term of this contract is for two years and is contingent upon the availability of funds for the next fiscal year.  Funding is available in the Fire Department’s budget.

 

Motion to approve.

 

Moved:  Mayor Pro Tempore Agredano

Second:  Cm.  E.  Valdez, Jr.

For:     6                                        Against:  0                                            Abstain:  0

 

20.  Consideration to award a lease purchase contract FY03-039 to the low bidder, Philpott

Motors, Port Neches, Texas, in the total amount of $1,549,895.60 for the acquisition of sixty (60) replacement police sedans; and authorizing the City Manager to sign any and all lease purchase documents.  Financing will be secured through Ford Municipal Lease Corporation.  The City is requesting that these vehicles be delivered fully equipped with light bars, sirens, decals, and other accessories normally installed by the Fleet Maintenance Division.  Only the radios will be installed after the vehicles have been delivered to the City.  This will expedite the process to activate units for patrol duty.  The lease purchase payments have been allocated in the Police Trust Fund.

 

Motion to approve.

 

Moved:  Mayor Pro Tempore Agredano

Second:  Cm.  E.  Valdez, Jr.

For:     6                                        Against:  0                                            Abstain:  0

 

21.  Consideration to award a two-year contract to Fictionwise, Inc., Libwise System of

Chatham, NJ, for access to electronic books (e-books) that are downloaded from the internet for patron use.  Patrons are able to download electronic, full-text books for a variety of devices such as palm pilots.  The monthly access fee of $79.95 includes 2,000 checkouts/$.06 each for additional checkouts per month.  The contract shall be for May 6, 2003 through May 5, 2005.  Funding is available in the Library budget.

 

Motion to approve.

 

Moved:  Mayor Pro Tempore Agredano

Second:  Cm.  E.  Valdez, Jr.

For:     6                                        Against:  0                                            Abstain:  0

 

22.  Consideration to authorize the City Manager to execute an agreement between the City

       of Laredo and Hurd Ranch Company, Ltd. for an easement over three tracts of land for

       the drainage of surface water from the Landfill and surrounding areas. 

 

Motion to approve.

 

Moved:  Mayor Pro Tempore Agredano

Second:  Cm.  E.  Valdez, Jr.

For:     6                                        Against:  0                                            Abstain:  0

 

23.  Consideration to authorize the City Manager to execute Amendment 2 to the Advance

Funding Agreement with the Texas Department of Transportation (TxDOT) for the Chacon Creek Bridge on Meadow Street Project.  The amendment will rescind any claim from the State for monies due on the project.  Furthermore, the amendment acknowledges that FM 3464 is removed from the State highway system and returned to the City “as is” for its jurisdiction and maintenance.

 

Motion to approve.

 

Moved:  Mayor Pro Tempore Agredano

Second:  Cm.  E.  Valdez, Jr.

For:     6                                        Against:  0                                            Abstain:  0

 

24.  Consideration to authorize the City Manager to execute an Interlocal Agreement

between the City of Laredo and the City of Rio Bravo for the purchase of a refuse collection truck from the City of Laredo for $1,500.00.

 

Motion to approve.

 

Moved:  Mayor Pro Tempore Agredano

Second:  Cm.  E.  Valdez, Jr.

For:     6                                        Against:  0                                            Abstain:  0

 

25.  Approving a refund in the amount of $111.37 payable to Maria Belia E. Juarez due to a

       Webb County Appraisal District error.

 

Moved:  Mayor Pro Tempore Agredano

Second:  Cm.  E.  Valdez, Jr.

For:     6                                        Against:  0                                            Abstain:  0

 

XIII.     STAFF REPORTS

     

26.  A.  Discussion with possible action to consider firefighter Ramiro Garza’s request for

an extension of injury leave with pay in accordance with 143.073 (b) of the Texas Local Government Code.

 

Dan Migura, Administrative Services Director, mentioned that this item was presented on March 3rd and the department had asked that City Council defer any action until after Mr. Garza underwent surgery.  At this time, he is in recovery phase confined in a hospital, under doctor’s care, and undergoing rehabilitation.  The last statement from the surgeon is that it is impossible to predict whether Mr. Garza  may be able to return to work.  He added that Mr. Garza will be receiving his final paycheck and use all his 28.49 hours of accrued time off on April 12th.   He continues on his workers compensation and the department requests that City Council consider under Local Government Code to extend his injury leave with pay for 90 days.

 

Motion to extend Mr. Garza’s injury leave with pay for 90 days.

 

Moved:  Cm. Belmares

Second:  Cm. E. Valdez, Jr.

For:    6                                         Against:  0                                            Abstain:  0

 

XIV.     RECESS AS THE LAREDO CITY COUNCIL AND CONVENE AS THE   LAREDO

 MASS TRANSIT BOARD

 

Motion to recess as the Laredo City Council and Convene as the Laredo Mass Transit Board.

 

Moved:  Cm.  Belmares

Second:  Mayor Pro Tempore Agredano

For:     6                                               Against:  0                                            Abstain:  0

 

27.  Consideration to award a one-year service contract FY03-049 to the low bidder

National Embroiders, Laredo, Texas, for the purchase of operator and supervisor uniforms in the estimated annual amount of $35,354.34.  The term of the contract is for a one-year term with an option to extend for one additional year upon mutual agreement.  Funding is available in the Transit Fund.

 

Motion to approve.

 

Moved:  Cm.  Ramirez

Second:  Cm.  Belmares

For:     6                                        Against:  0                                            Abstain:  0

 

 

 

XV.      RECESS AS THE LAREDO MASS TRANSIT BOARD AND RECONVENE AS  

THE LAREDO CITY COUNCIL

 

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

 

Moved:  Cm.  Belmares

Second:  Cm.  Garcia

For:     6                                               Against:  0                                            Abstain:  0

 

XVI.     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 or her duty under Section 551.071(2) of the Government Code, to consult privately with his or her client on an item on the agenda, or on a matter arising out of such item.

 

XVII.    ADJOURNMENT

 

 

           

City of Laredo

City Council Meeting

City Council Chambers

1110 Houston

 

SUPPLEMENTAL AGENDA

 

I.    General Council Discussions and Presentations

 

      1.  A.  Request by Council Member Hector Garcia.

 

1.   Discussion with possible action regarding trash pick up.  (Co-sponsored

      by Council Member Jose A.  Valdez, Jr.

 

Oscar Medina, Solid Waste Director, reported that what they noticed was that the overtime and fuel cost was at 60% where the actual budget is at 45%.  One of the factors that contributed to this increase is yard waste, especially on the north side.  This is slowing down the garbage trucks and increasing the overtime and fuel cost.  He stated that most citizens have been very cooperative in the number of trash bags that they put out for collection.  He mentioned that they need a better solution for these special trucks.  He would like to take some time to review this concern and discuss it with the City Manager for alternative solutions. 

 

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

           

1.  Discussion with possible action regarding the GEMCO plat. 

(Co-sponsored by Council Member Johnny Amaya.)

 

Ron Whitehawk addressed the City Council on behalf of Mr. Glafiro Montemayor.  They presented a policy issue for consideration and action by the City Council.  He mentioned that the City has a city subdivision ordinance which is the basis for the submission, review, and approval of plats.  Mr. Montemayor has an existing warehouse since before the property was inside the City limits, and the paper work was submitted in order to legalize that tract of land so that he could do some remodeling.  He went through the subdivision review process and the subdivision plat was approved roughly 20 months ago but because of business reasons, the plat had not been recorded.  There is a timeline to allow an applicant 18 months in order to have everything reviewed, approved and recorded by the City otherwise that approval terminates.  As he was coming closer to that deadline, Mr. Montemayor discovered that the only thing that was of concern to the City was the plat document which was acceptable.  However, the original Letter of Credit had been prepared under the heading of GEMCO II, and the Engineering Department pointed out that since there was no GEMCO I there could not be a GEMCO II and it should be amended.  He stressed that there were no changes needed on the plat and no dollar changes between the Original Letter of Credit and as it would be revised.  Due to these unforeseen circumstances, they were able to get all paperwork complete – the plat and Letter of Credit but only two days (on  a Friday) prior to the expiration.  It is Mr. Montemayor’s position, however, that the wording under section 2.3.4 of the City subdivision ordinance all plat approvals and the conditions therein, if any, are valid for a period of 18 months from the date on which the approval was granted. He stated that whether the city staff might take a day, week, or a month to approve the paperwork, once the owner has submitted within the 18-month deadline all necessary, proper and complete paperwork, he is entitled to have the plat filed of record and have it recorded.  Therefore, what he is asking is that staff be directed to go ahead and file the plat which has been sitting at the Planning Department since mid-January waiting for this issue to be resolved.  

 

Glafiro Montemayor mentioned that they have begun with the platting of the property that he bought in order to expand his facilities.  He stated that he is in the process of getting a new account that would bring much freight to Laredo and he does need to expand his facility. 

 

Keith Selman, City Planner, stated that the language on the ordinance is very clear that the plat expires if it is not recorded within 18 months.  He explained that there is also a provision for an applicant to extend that timeline for a period of six months.  Also, a provision exists that would allow an applicant to go for preliminary and final plat consideration simultaneously before the Planning and Zoning Commission.  This applicant is qualified to go for final plat consideration and that plat could easily be processed and taken before the Commission in less than three weeks from today.  He added that this would be staff’s recommendation to go forward for preliminary and final plat consideration to the Commission within less than three weeks.

 

Larry Dovalina, City Manager, explained that city staff follows the provisions of the ordinance to the letter of the law.  He stated that it is the applicant’s responsibility to meet the deadline and it is the applicant who must ensure that any erroneous information is corrected.  He added that the individual responsible for going forward with any recordation is the applicant.    

 

Keith Selman, City Planner, stated that this provision has been part of the ordinance for the past ten years.  He explained that this provision is in the ordinance because of what is known as vested rights.  He stated that his department’s recommendation has been to obtain an extension and that did not occur.  He mentioned that this step was not taken by the applicant.  Immediately upon the expiration of the 18-month period, it was recommended that applicant submit his application and go forward for preliminary and final consideration simultaneously.  If the applicant had followed this suggestion back then, this matter would not be before City Council now because it is a mere 15-day process to go through the preliminary and final consideration. 

 

II.        Motions

 

2.  Authorizing the City Manager to enter into an agreement in the amount of

$45,000 with ARGUSI Systems Corporation for the delivery of a bioterrorism differential diagnosis and syndromic surveillance software (ARGUSI) for a pilot test period that will be conducted by the City of Laredo He

alth Department from the date of agreement through August 31, 2003.

 

Motion to approve.

 

Moved:  Cm.  Ramirez

Second:  Cm.  Belmares

For:     6                                          Against:  0                                Abstain:  0

 

 III.      Adjournment

 

            Motion to adjourn.                                                                                                                                Time:  9:15 p.m.

 

            Moved:  Cm.  Belmares

            Second:  Mayor Pro Tempore Agredano

            For:     6                                               Against:  0                                            Abstain:  0

 

I, Gustavo Guevara, Jr., City Scretary, do hereby certify that the above minutes contained in pages 01 though 23 are true, correct, and complete proceedings of the City Council meeting held on April 7, 2003.

 

                                                                                    ____________________________________

                                                                                    GUSTAVO GUEVARA, JR.