CITY OF LAREDO

CITY COUNCIL MEETING

A-2003-R-20

CITY COUNCIL CHAMBERS

1110 HOUSTON STREET

LAREDO, TEXAS 78040

OCTOBER 20, 2003

5:30 P.M.

DISABILITY ACCESS STATEMENT

Persons with disabilities who plan to attend this meeting and who may need auxiliary aid or services are requested to contact Gustavo Guevara, City Secretary at (956) 791-7308 at least two working days prior to the meeting so that appropriate arrangements can be made.  The accessible entrance and accessible parking spaces are located at City Hall, 1100 Victoria Ave.

 

Out of consideration for all attendees of the City Council meetings, please turn off all cellular phones and pagers, or place on inaudible signal.  Thank you for your consideration.

 

 I.         CALL TO ORDER

 

II.         PLEDGE OF ALLEGIANCE

 

III.        ROLL CALL

 

IV.       MINUTES

Approval of the minutes of August 25, 2003 and August 26, 2003.

 

V.        COMMUNICATIONS AND RECOGNITIONS

 

Announcements

a.      Dia del Rio event update and Make a Difference Day activity preview on the efforts to clean the river vega, forge new trails and maintain others, by Blasita J. Lopez, Public Information Officer.

 

Invitations

a.      Invitation by Randy Willard to the Grand Opening of Krispy Kreme Doughnuts scheduled for October 28, 2003.

 

Recognitions

a.        Recognizing the Texas Migrant Council for its exemplary record in serving the needs of migrant worker families and being named the “National’s Council of La Raza Affiliate of the Year.”

 

Communiqués

 

VI.       APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES

  

VII.             PUBLIC HEARINGS

 

1.             Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by rezoning Lots 10 and 11, Block 816, Western Division, located at 3103 San Agustin Avenue, from B-1 (Limited Commercial District) to B-3 (Community Business District); providing for publication and effective date.  The Planning and Zoning Commission has recommended denial of the proposed zone change.

 

2.             Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by rezoning 3.40 acres, as further described by metes and bounds on attached Exhibit “A,” located north of Del Mar Boulevard and east of Burke Drive, from AG (Agricultural 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.

 

3.             Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by rezoning 48.70 acres, as further described by metes and bounds on attached Exhibit “A,” located north of Del Mar Boulevard and east of Burke Drive, from AG (Agricultural District) to R-1 (Single Family Residential District); providing for publication and effective date.  The Planning and Zoning Commission has recommended approval of the proposed zone change.

 

4.             Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by rezoning 8.34 acres, as further described by metes and bounds on attached Exhibit “A,” located north of Del Mar Boulevard and east of Burke Drive, from AG (Agricultural 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.

 

5.             Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by rezoning Lot 2, Block 1, Ramirez Industrial Subdivision and 0.3625 acres, as further described by metes and bounds on attached Exhibit “A,” located at approximately 3700 Loop 20, from M-1 (Light Manufacturing District) and M-2 (Heavy Manufacturing 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.

 

6.             Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by rezoning Lot 8, Block 1739, Eastern Division, located at 2619 S. Arkansas Avenue from R-3 (Mixed Residential District) to B-1 (Limited Commercial District); providing for publication and effective date.  The Planning and Zoning Commission has recommended denial of the proposed zone change.

 

7.             Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by rezoning Lots 1 and 2, Block 1081, Eastern Division, located at 1901 Aldama Street, from R-1 (Single Family Residential District) to R-2 (Multi-Family Residential District); providing for publication and effective date.  The Planning and Zoning Commission has recommended denial of the proposed zone change.

 

8.             Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by rezoning 12.12 acres, as further described by metes and bounds on attached Exhibit “A,” located south of proposed Havana Drive and east of Woodridge Drive, from AG (Agricultural District) to R-1A (Single Family Reduced Area District); providing for publication and effective date.  The Planning and Zoning Commission has recommended approval of the proposed zone change.

 

9.             Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by rezoning 6.00 acres, as further described by metes and bounds on attached Exhibit “A,” located south of Casa Blanca Road, from R-3 (Mixed Residential District) to B-4 (Highway Commercial District); providing for publication and effective date.  The Planning and Zoning Commission has recommended denial of the proposed B-4 designation and approval of a B-3 zone change.

 

10.         Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by authorizing the issuance of a Conditional Use Permit for a commercial parking lot on the west ¾ of Lot 7, and the north ½ of Lot 5, Block 178, Western Division, located at 607 Washington Street and 1014 San Eduardo Avenue; providing for publication and effective date.  The Planning and Zoning Commission has recommended approval of the proposed Conditional Use Permit.

 

11.         Public hearing and introductory ordinance amending the City of Laredo FY 2003-2004 parking meter fund budget by appropriating a draw down of $511,566.00 from the opening balance and appropriating it for land acquisition and improvements.  The projects planned projects consists of land acquisition, improvement and construction of surface municipal parking lots in the downtown area.

 

12.         Public hearing and introductory ordinance amending Article I Section 24.1.3.2, Responsibilities of the Board of Adjustment, creating Section 24.1.8, Standard Technical Specification Manual Committee, Creating Article III, Section 24.58, Standard Technical Specification Manual, Creating Article VI Section 24.96, Amendment Procedures for the Standard Technical Specification Manual, of the Laredo Land Development Code of the City of Laredo, providing for publication and effective date.

 

13.         Public hearing and introductory ordinance amending the City of Laredo FY 2003-2004 annual budget by appropriating   revenues and expenditures in the amount $8,400.00 in additional funds from Webb County for a total of $158,400.00, for the period beginning October 1, 2003, through September 30, 2004.  The Central Welfare Agency – County Indigent Program is allotted space at the Health Complex at no cost.  Due to the rise in costs of security and maintenance supplies, a prorated cost has been applied to support a .5 Security Guard  (contract) and $600.00 for janitorial supplies.

 

14.         Public hearing and introductory ordinance authorizing the City Manager to amend the City of Laredo FY 2003-2004 annual budget by transferring unexpended funds in the amount of $19,950.00 from FY 2002-2003 from the United Independent School District to FY 2003-2004 for the Immunization Program of the City of Laredo Health Department for the period beginning July 3, 2003, through July 2, 2007, contingent upon availability of funds and yearly contract renewal.

 

15.         Public hearing and introductory ordinance authorizing the City Manager to enter into a contract with the University of Arizona and amend the City of Laredo FY 2003-2004 annual budget by appropriating revenues and expenditures in the amount of $20,000.00.  The University of Arizona will grant the City of Laredo $20,000.00 for the Border Vision Fronteriza (BVF) 2: Community Health Workers for Children’s Health Project of the City of Laredo Health Department, for the period beginning September 14, 2003, through September 13, 2004; and authorizing the City Manager to amend the City’s FY 2003-04 full-time equivalent positions by creating two (2) part-time Community Service Aide positions for a total of  .96 FTE.

 

16.         Public hearing and introductory ordinance amending the City of Laredo FY 2003-2004 annual budget by appropriating revenues and expenditures in the amount $15,000.00 in funds from the Texas Department of Health to conduct the Childhood Lead Poisoning Prevention Program of the City of Laredo Health Department for the period beginning November 1, 2003, through June 20, 2004; and amending the FY 2003-2004 full-time equivalent positions by creating one (1) part-time Health Educator position for a total of  .48 FTE.

 

17.         Public hearing and introductory ordinance authorizing the City Manager to amend the City of Laredo FY 2003-2004 annual budget by transferring unexpended funds in the amount of $73,500.00 from FY 2002-2003 from the Laredo Independent School District to the Immunization Program of the City of Laredo Health Department for the period beginning April 1, 2003, through August 31, 2003, contingent upon availability of funds and yearly contract renewal.

 

18.         Public hearing and introductory ordinance amending the City of Laredo FY 2003-2004 annual budget by decreasing revenues and expenditures in the amount of $143,387.00 to reflect the actual grant amount from the Texas Department of Health and decrease in-kind funds in the amount of $48,150.00 from the Laredo Independent School District for the Mi Futuro (My Future) Abstinence Education Program of the City of Laredo Health Department from October 1, 2003 through September 30, 2004.

 

19.         Public hearing and introductory ordinance amending the City of Laredo FY 2003-2004 annual budget by decreasing revenues and expenditures in the amount of $690.00 to reflect the actual grant amount of $169,293.00 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, 2004 through December 31, 2004.

 

20.         Public hearing and introductory ordinance amending the City of Laredo FY 2003-2004 Airport Construction Fund Budget to appropriate $400,000.00 in additional revenues received through a grant from the U.S. Department of Transportation under the Small Communities Air Service Development Pilot Program and a transfer in from the Convention and Visitors Bureau Fund in the amount of $100,000.00 and appropriating $500,000.00 in expenditures for said pilot program.  The funds will be used to increase the use of services at the airport and to improve airfares available to travelers in our community.

 

21.         Public hearing and introductory ordinance electing for the City of Laredo to make current service and prior service contributions to the City's account in the Municipal Accumulation Fund of the Texas Municipal Retirement System at such rate within legal limits, as the actuary annually determines is required to fund within a period of twenty-five years from the most recent valuation date, the costs of employee benefits payable from, or chargeable to, the City's said account in said fund.

 

22.         Public hearing and introductory ordinance amending Chapter 15, Health and Sanitation, Article VI “Indoor Clean Air” of the Code of Ordinances of the City of Laredo, Texas, by amending Sections 15-78 through 15-82; “Smoking in Public Places,” thereby designating smoking and nonsmoking areas; providing criteria and procedural requirements for designated smoking areas; providing sign requirements; providing for violations, enforcement and penalties of the policies implementing this Chapter; providing for severability; and providing for effective date and publication.

 

VIII.     GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS

23.

 
 


A.        Request by Mayor Elizabeth G. Flores

1.             Discussion by Police Chief Agustin Dovalina, III, regarding police protection for our citizens in light of the Nuevo Laredo shootings and related activity occurring in the community.

 

2.             Discussion with possible action regarding the loitering and the inappropriate and offensive behavior by vagrants at Jarvis Plaza.

                       

            B.        Request by Council Member Alfredo Agredano

1.      Discussion with possible action authorizing the City Manager to have the Department of Engineering/Public Works construct sidewalks on 2000 & 2100 South Milmo (east side); 2300 & 2400 Chestnut (north side); 2300 San Luis (south side); and the 2900, 3000 and 3100 South Martin (west side); to be funded with District 1 discretionary funds.

 

C.        Request by Mayor Pro-Tempore John C. Galo

1.      Update on hiring of Tennis Pro for Market Street courts.

 

2.      Report from Traffic Department regarding accidents on Meadow and Galveston, with possible action.

           

D.        Request by Council Member Eliseo Valdez, Jr.

1.      Status report by Legislative Liaison, Rene Gonzalez, regarding the effectiveness of City's Lobbyist Team during last legislative session, including those issues affecting the constituents of the City of Laredo that were approved and those that were not and the impact either way to the community; status of Special Legislative Session regarding issues that affect the City of Laredo and how we can become involved; and consideration for Lobbyist Team to report directly and more often to either the Legislative Committee or the City Council, especially during creation of legislative agenda. (Co-sponsored by Council Member Gene Belmares)

 

2.      Discussion with possible action regarding the development of the Standard Technical Specifications Manual and setting a thirty (30) day deadline for its completion. (Co-sponsored by Council Members Gene Belmares and Jose A. Valdez, Jr.)

 

3.      Discussion with possible action to provide solutions for District V constituents regarding floodplain insurance as it relates to the latest floodplain map.

 

4.      Status report on the studies being conducted at the former air force base (Alta Vista/Vista Hermosa) and activities of the Committee.

 

E.        Request by Council Member Gene Belmares

1.      Discussion with possible action on enforcement efforts to control roadside vendors.

 

2.      Discussion with possible action to provide financial assistance to the Marine Corps League on a reimbursable basis for direct expenditures for the Mid-Winter Conference.  (Co-sponsored by Veteran’s Affairs Committee)

 

3.      Discussion with possible action to reconsider fire service contract with Webb County for the provision of fire protection, emergency medical and rescue services for all unincorporated areas of the County of Webb, Texas, lying outside the incorporated limits of the City of Laredo at an annual rate of $43,750.00 per month from November 2003 through September 2004 and $50,000.00 per month from October 2004 through September 2005 for a total of 23 months beginning November 1, 2003 and ending September 30, 2005 in the total amount of $1,081,250.00.

 

4.      Discussion with possible action on creating on aircraft viewing area as recommended by the Airport Advisory Committee.

 

F.         Request by Council Member Juan Ramirez

1.      Status report on the Calle Iturbide project.

 

          (Recess)

(Press Availability)

 

IX.       INTRODUCTORY ORDINANCES

 

24.         Closing as a public easement that section of the 2000 block of Plum Street between Malinche and Urbahn Avenues situated in the Eastern Division, City of Laredo, Webb County, Texas, and providing for an effective date.

 


X.        FINAL READING OF ORDINANCES 

25.

 
 


2003-O-248             Adopting the Municipal Court schedule of window fines as per attached list and Section 542.031, Transportation Code, as added by House Bill 3588, creating a $30.00 State traffic fee court cost on conviction for offenses, including parking and pedestrian offenses, under subtitle C, Rules of the Road, Transportation Code and amending the Code of Ordinances, Chapter 20, Section 20-37, by adding subsection (h); providing for severability, effective date and publication.

 

2003-O-249             Authorizing the City Manager to accept a Comprehensive STEP grant from the Texas Department of Transportation and amending the City of Laredo FY 2003-2004 annual budget by decreasing $68,050.00 for the Comprehensive STEP program.  The Texas Department of Transportation will contribute $51,255.00 for this program and the City will contribute $5,695.00 in matching funds. This grant will be utilized to pay overtime for the enforcement of traffic laws.  The funding period for this grant will be from October 1, 2003 through September 30, 2004.

 

2003-O-250             Authorizing the City Manager to accept a Comprehensive Commercial Motor Vehicle STEP grant from the Texas Department of Transportation and amending the City of Laredo FY 2003-2004 annual budget in the amount of $55,556.00 for the Comprehensive STEP program.  The Texas Department of Transportation will contribute $50,000.00 for this program and the City will contribute $5,556.00 in matching funds. This grant will be utilized to pay overtime for the enforcement of traffic laws.  The funding period for this grant will be from October 1, 2003 through September 30, 2004.

 

2003-O-251             Authorizing the City Manager to accept a grant from the Texas Department of Transportation for the “El Protector” program and amending the City of Laredo’s 2003-2004 annual budget in the amount of $29.00 and amending the Full Time Equivalent Positions.  The Texas Department of Transportation will contribute $35,000 for this program and the City will contribute $42,226.00 in matching funds. These funds will pay for the salary and fringe benefits for one police officer.  The funding period for this grant will be from October 1, 2003 through September 30, 2004.  

 

2003-O-252             Accepting a direct aid grant from the Texas State Library Loan Star Libraries Program in the amount of $18,627.00 for new computers at the Santo Nino Branch Library and study rooms, and amending the City of Laredo FY 2003-2004 annual budget in the amount of ($1,686.00).

 

2003-O-253             Amending Chapter 5.5, Ambulances Article I- In General, of the Laredo Code of Ordinances, by specifically amending Section 5.5-28 (a) to standardize basic rates, and providing for publication and effective date of January 1, 2004. The increase in rates are primarily to recover from insurance carriers, and were compiled from a rate review survey of 32 cities in Texas. 

 

2003-O-254             Amending the City of Laredo FY 2003-2004 annual budget by increasing expenditures and revenues by $5,859.00 from the Texas Health and Human Services Commission for the Children’s Health Insurance Program (CHIP) Outreach Project of the City of Laredo Health Department; extending the contract period for one month beginning February 1, 2002 through October 31, 2003.

 

2003-O-255             Amending the City of Laredo FY 2003-2004 annual budget by increasing revenues and expenditures in the amount of $95,374.00 for the Texas Department of Health for the Women, Infants and Children "WIC" Program of the City of Laredo Health Department for the period beginning October 1, 2003, through September 30, 2004; and amending the FY 2003-2004 full-time equivalent positions from 80 to 82.5. The new grant total budget will be $2,911,507.00.

 

2003-O-256             Authorizing the City Manager to execute a lease renewal with Pinkerton, Inc. and Burns International Security Services Corporation for two offices totaling approximately 500 square feet and located at International Bridges I & II  a.) Lease term is for one (1) year commencing November 1, 2003 and ending on October 31, 2004  b.) Monthly rent will be $2,200.00 for both properties  c.) City of Laredo may terminate lease within ninety (90) days written notice.

 

2003-O-257             Closing as a public easement that section of the 2800 block of South Canada Avenue between Palo Blanco and Thurman Streets situated in the Eastern Division, City of Laredo, Webb County, Texas and providing for an effective date.

 

2003-O-258             Closing as a public easement that section of the 2000 block of Frost Street between Malinche and Urbahn Avenues situated in the Eastern Division, City of Laredo, Webb County, Texas and providing for an effective date.

 

2003-O-259             Approving and authorizing the City Manager to execute a consent and estoppel agreement between City of Laredo, and Laredo Texas Hospital Company, L.P., covering certain land conveyed by the City of Laredo, as Grantor, to Mercy Regional Medical Center, as Grantee and approved by Ordinance no. 95-O-016 conveying unto said Grantee an approximate 50.7656-acre tract of land located at the Laredo International Airport by executing a document containing the following proviso that (i) no seismic testing, drilling, reworking, or other operations for exploration, development, production, marketing, transportation, storage, sale, refinement or treatment of oil, gas or other minerals (the "minerals"), will be conducted on the surface of the land described in this ordinance  ("the land") in connection with the exploration of the minerals in, on, under or that may be produced from the land; (ii) grantor shall have no rights of  ingress or egress to the surface of the land for any purpose, including but not limited to, the purpose of seismic testing, mining, reworking, drilling, exploring, developing, producing, marketing, storing, transporting, and/or any other kind of operation customarily used in the oil, gas and mining industry in connection with the exploitation of the minerals; and (iii) grantor shall not use the surface of the land for surfacing or strip mining, or for the removal of hard rock minerals or surface or near surface mineral substances.  Operations for exploration or recovery of the minerals conducted on the subsurface of the land and/or on other lands owned by grantor (including the surface and/or subsurface of such other lands) shall be permissible so long as all surface operations in connection therewith are located at points outside the land and upon the condition that none of such operations shall be conducted so as to interfere with the use and enjoyment of the land and/or with the load bearing strength thereof.  These covenants and agreements shall be binding on grantor, grantor's heirs, executors, administrators, successors, assigns and lessees, and shall constitute negative easements running with the ownership of the minerals, hard rock minerals or surface of or near surface mineral substances lying, in and/or under the land and grantor's adjoining lands, providing for effective date.

 

2003-O-260             Designating as a one-way eastbound the 400 and 500 block of O’kane Street between Springfield Avenue and Lexington Avenue, and as one-way southbound the 2300 block of Lexington Avenue between O’kane Street and Clark Boulevard to be effective during the peak hours of 7:30 a.m. to 8:30 a.m. and 2:30 p.m. to 4:00 p.m., Monday through Friday, during school days, providing for the installation of appropriate signs to indicate one-way traffic in the designated direction and providing for publication and effective date.

 

2003-O-261             Designating as a one-way eastbound the 2500, 2600, & 2700 block of Lane Street, between Milmo Avenue and Arkansas Avenue, to be effective during the peak hours of 7:00 to 8:30 a.m. and 2:30 to 4:00 p.m., Monday thru Friday, during school days, providing for the installation of appropriate signs to indicate one-way traffic in the designated direction and providing for publication and effective date.

 

XI.       RESOLUTIONS

 

26.  2003-R-132        Accepting the donation of the “Surface Only” of a 0.001 of an acre (53.327 sq. ft.) parcel of land, as a perpetual easement, from C. S. Rodriguez Estate, for the Iturbide Street Urban Mall Project.  Said parcel of land being out of Lot 10, Block 4, Western Division, City of Laredo, Webb County, Texas.

 

27.  2003-R-133        Accepting the donation of the “Surface Only” of a 0.004 of an acre (174.240 sq. ft.) parcel of land and a 0.001 of an acre (43.516 sq. ft.) parcel of land, as perpetual easements, from Maria E. Barreda, for the Iturbide