CITY OF LAREDO

CITY COUNCIL MEETING

M2001-R-04

CITY COUNCIL CHAMBERS

1110 HOUSTON STREET

LAREDO, TEXAS 78040

FEBRUARY 5, 2001

5:30 P.M.

I. CALL TO ORDER

With a quorum present 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., Council Member, District V

Jose A. Guerra, Mayor Pro Tempore, District VI

Jose A. Valdez, Jr., Council Member, District VII

Juan Ramirez, Council Member, District VIII

Gustavo Guevara, Jr., City Secretary

Larry Dovalina, City Manager

Cynthia Collazo, Assistant City Manager

Jaime Flores, City Attorney

IV. MINUTES

Approval of the minutes of December 4, 2000 and December 18, 2000.

Motion to approve.

Moved: Mayor Pro Tempore Guerra

Second: Cm. E. Valdez

For: 8 Against: 0 Abstain: 0

V. COMMUNICATIONS AND RECOGNITIONS

Announcements

Mayor Flores announced the visitation of some special guests from the Webb County Head Start program. She welcomed all the parents who were in attendance as well as Linda Payle, the Pan Enrollment Coordinator, and Belin Cisneros, Assistant Coordinator. They came to witness firsthand the City Council in action and see where the meetings are held.

Cm. Galo announced that TxDot would begin with the demolition work tomorrow morning at the Chacon-Meadow Bridge.

Cm. Bruni announced that February 1^st was the first day of weather modification for the Southwest Texas Rain Enhancement Association. He is hoping for a very prosperous rainy season for all the residents.

Cm. J. Valdez, Jr. pointed out that he has seen some sidewalk improvements for the residents of Dellwood Subdivision and wants to inform people that our Public Works Department is hard at work making improvements for all the residents of Laredo.

Cm. E. Valdez, Jr. thanked the Public Works Director, Joe Guerra, and his crew for taking action on Calton Road and showed his appreciation for their commitment to come through on their promises.

Cm. Ramirez recognized the Fire Department crew for their assistance and hard work at the Azteca neighborhood during a recent fire.

Mayor Flores read a letter from U. S. Senator Phil Graham:

Dear Mayor Flores:

“As the new year begins, I wanted to take this opportunity to express my appreciation for having had the chance to work with you in 2000. I hope that you and the City of Laredo enjoyed a prosperous year and that 2001 will hold even greater promise. As you and your colleagues in city government review the priorities for the City of Laredo in the coming year, I am looking forward to working with you to promote the interests of the people of Laredo. With a new Congress and a new administration in Washington, legislation with a direct impact on our cities and counties is likely to be considered during this session of the Senate. As always, the experience and insight of local leaders such as yourself will be crucial to me in evaluating the merits of these proposals. I am glad to have had the benefit of your views in the past, and I look forward to continuing to work on behalf of the people of Laredo and all Texans as member of the U. S. Senate. Once again, please do not hesitate to contact me if I can be of any service in addressing the concerns of the City of Laredo.”

Larry Dovalina, City Manager, announced that a number of City of Laredo employees participated as an employee group with the Walk America 2001 sponsored by the American Heart Association. The city employees received prizes for the most creative T-shirt as well as having the highest number of participants and contributing over $1,400.00 to the organization.

Mayor Flores mentioned that she was in receipt of a letter from Sen. Elliot Shapley regarding a report he presented titled the Texas Borderlands: Frontier of the Americas. She received a copy of Sen. Lucio’s report on the subject as well. She mentioned that both senators have worked closely with Sen. Judith Zaffirini regarding proposed bills on these important border issues.

Invitations

None.

Recognitions

a. Recognizing the City of Laredo Finance Department in receiving the Certificate of

Achievement for Excellence in Financial Reporting by the Government Finance Officers Association of the United States and Canada (GFOA) for its Comprehensive Annual Financial Report (CAFR).

Mayor Flores and the City Council congratulated the Finance Department on their outstanding achievements at being recognized by the Government Finance Officers Association of the United States for their excellence in job performance.

b. Recognition by the Mayor and City Council Members of employees that retired from the

City of Laredo with 20 years or more of service for the period of December, 2000.

Mayor Flores recognized the following employees for their commitment and service to the City of Laredo:

Juan M. Salinas, 21 years of service with the Utilities Department.

Jose A. Martinez, 30 years with the Public Works Department.

Edmundo Gutierrez, 23 years with the Public Works Department.

Martha S. Chavez, 20 years with the Laredo Police Department.

c. Recognizing 14 students from local middle schools who have been chosen as "Eighth

Grader of the Month" for January by the Laredo Police Department Community Relations Unit and local school counselors.

The following students were present to receive their certificates of recognition:

Adolfo Mora L. J. Christen Middle

Jacob Diaz Lamar Middle

Erica Rae Ramirez Trautmann Middle

Kim Teran United Middle

Richard Sames Clark Middle

Jessie Hernandez Los Obispos Middle

The following students who were not present were also recognized for their achievements:

Sergio Leza Cigarroa Middle

Ramiro Herrera Memorial Middle

Gerardo Lozano United South Middle

Montserrat Calderon Salvador Garcia Middle

Jose Angel Benavides George Washington Middle

Geoffrey Edward Daves San Agustin Middle

Tony Caballero United Day Middle

Jaime Lara Mary Help of Christians Middle

Communiqués

VI. APPOINTMENTS TO COMMISSION, BOARDS AND COMMITTEES

a. Appointment of Henry Alexander by Council Member John C. Galo to the

Transportation and Traffic Safety Advisory Committee.

Motion to approve.

Moved: Cm. Agredano

Second: Cm. Amaya

For: 8 Against: 0 Abstain: 0

b. Appointment by Council Member Louis H. Bruni of Jay Stout to the Citizens

Environmental Advisory Committee, Raquel Valle Senties to the Plaza Theater Ad-Hoc Committee and Ron Stewart to the Redistricting Committee.

Motion to approve.

Moved: Cm. Agredano

Second: Cm. Amaya

For: 8 Against: 0 Abstain: 0

c. Appointment by Council Member Jose Valdez, Jr. of Mary Lou Cervantes to the Laredo

Women's Commission and Daniel Torres to the Redistricting Committee.

Motion to approve.

Moved: Cm. Galo

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

d. Appointment by Council Member Juan Ramirez of Sylvia Pedraza to the Plaza Theater

Renovation Project Ad-Hoc Committee.

Motion to approve.

Moved: Cm. Agredano

Second: Cm. Galo

For: 8 Against: 0 Abstain: 0

VII. PUBLIC HEARINGS

1. Public hearing amending the City of Laredo Code of Ordinances Chapter 33,

Environmental Protection, Article 1, by repealing Section 33-1 and approving and adopting Section 33-1 as written hereunder including the establishment of the Citizen's Environmental Advisory Committee, its membership, terms of office, methods of appointment, authority, duties, and other terms and conditions and providing for publication and effective date.

INTRODUCTION OF AN ORDINANCE

Amending the City of Laredo Code of Ordinances Chapter 33, Environmental Protection, Article 1, by repealing Section 33-1 and approving and adopting Section 33-1 as written hereunder including the establishment of the Citizen's Environmental Advisory Committee, its membership, terms of office, methods of appointment, authority, duties, and other terms and conditions and providing for publication and effective date.

Motion to open the public hearing.

Moved: Cm. Galo

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

There was no public input.

Motion to close the pubic hearing and introduce.

Moved: Cm. Bruni

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

Ordinance Introduction: City Council

2. Public hearing amending the Zoning Ordinance (Map) of the City of Laredo by rezoning

Lot 200, Block 10, Del Mar Hills Subdivision, Section I, Area "A", located at 618 Idylwood Ln., from R-1 (Single Family Residential District) to B-1 (Limited Business District). The Planning and Zoning Commission recommended denial of the proposed zone change and approval of a Conditional Use Permit for a child day care center.

INTRODUCTION OF AN ORDINANCE

Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lot 200, Block 10, Del Mar Hills Subdivision, Section I, Area "A", located at 618 Idylwood Ln., from R-1 (Single Family Residential District) to B-1 (Limited Business District); providing for publication and effective date.

Motion to open the public hearing.

Moved: Cm. Galo

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

Wendy Kissman, a resident who has a daughter at the day care center, spoke in favor of the zone change. She mentioned that it has been a positive experience because there is no heavy traffic along the route in the mornings. She said that she has been very pleased with the facilities.

Alba Meza Rendon, representing her father, stated that as a resident of Idylwood Lane, he is shocked and disappointed that there is consideration to have a commercial enterprise operate in a residential neighborhood in direct conflict with the subdivision’s deed restrictions which are on file on record. She stated that this matter affects her deeply because it directly affects her widowed father. Also, she said this issue deserves address because it affects thousands of hard-working Laredoans who have purchased homes or who will soon join the ranks of homeowners in subdivisions across the city. She stated that the city that collects her taxes and is supposed to protect her interests is undermining the deed restrictions of her residential neighborhood by including the right to locate day care centers, public libraries, etc. She further mentioned that this encourages citizens such as this applicant to violate the terms of the deed restrictions and forces law-abiding citizens to spend their hard-earned money on attorney’s fees to protect the residential integrity of their neighborhoods.

Gerardo Carmona, a resident who has a child attending the day care center, spoke in favor of the zone change designation.

Consuelo Ramirez, who lives in close proximity to the day care center, spoke in favor of the zone change designation.

Monica Calles, the applicant, stated that she is committed to meeting all the conditions imposed by the Planning and Zoning Department.

Mayor Pro Tempore Guerra stated that as part of the conditional use permit, several residents have recommended that concrete be used instead of asphalt because of its durability. He further suggested that the Legal Department should look into the deed restrictions mentioned by Ms. Meza.

Keith Selman, Planning and Zoning Director, mentioned that his department is not supporting the zone change nor the conditional use permit. He advised City Council not to knowingly allow an activity that they know is a violation of a deed covenant.

Motion to close the pubic hearing and introduce, subject to deed restrictions clarification by Legal Department.

Moved: Mayor Pro Tempore Guerra

Second: Cm. Galo

For: 8 Against: 0 Abstain: 0

Ordinance Introduction: Mayor Pro Tempore Guerra

VIII. GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS

3. A. Request by Mayor Elizabeth G. Flores

1. Discussion with possible action on the City of Laredo's State and Federal

Legislative Agenda for self assignments by Council Members. Including the availability and commitment for trips, letter writing, presentation to constituencies, research and any other means related to Legislative Advocacy for the City of Laredo.

Areas on:

1. Transportation

a. Surface

b. Railroad

c. Air

2. Environment

3. Housing

4. International Trade Activity

5. Redistricting

6. Other

Mayor Flores stated that she wanted to be sure that she received some information from the Council Members as to what particular issues they would like to have addressed both at the state and federal levels. She wants feedback from all of them as to what specific issues each one would like to have her backing on so that they can be kept abreast as to specific legislation being considered that would deal with their concerns and that may affect each individual council district in some way.

Cm. E. Valdez, Jr. stated that one thing he is interested in deals with transportation and he would like to see the federal government consider doing something for off-system roads. He mentioned that many of our off-system roads are deeply impacted by the NAFTA trade and the heavy flow of tractor-trailers and it is the local citizens who are having to provide funding for these road improvements through local tax dollars.

Larry Dovalina, City Manager, reported that this was one of the topics under discussion at the Texas Municipal League Legislative Briefing held earlier today. He reiterated the fact that the federal highway funding source always put in money into the on-system roadway but does not leave any revenue stream to fix the city streets. Therefore, they want to ensure that there is a formation of a revenue stream to be able to address the issue of city streets.

Mayor Flores mentioned that there would also be future discussions regarding international trade activity. She stated that at the federal level, U. S. Senator Phil Gramm has filed legislation to assist the U. S. Customs Service expedite the congestion at the bridges which is a huge problem locally.

B. Request by Council Member Louis H. Bruni

1. Discussion and possible action on the street maintenance of Locust Street

between Bartlett and Arkansas Avenues.

Cm. Bruni mentioned that there seems to be a continuous utility cut on either the waste water line or fresh water line that runs the entire length of the street.

Rogelio Rivera, City Engineer, reported that this street fell under the recycling project and said project contract would be awarded during this council meeting. He did agree that the street would need to be repaired before any major work is done through the recycling project.

2. Status report on existing Utility Street cuts in District II, with possible action.

Fernando Roman, Utilities Director, reported that one of the things they agreed to purchase is a pot patcher paid for by the Utilities Fund so that they would have an extra machine available for the Public Works Department and in that way expand their capabilities. He stated that this would take care of the delay they have had between the time that his department would finish the cut and then allow the other department to come in and finish the project.

3. Discussion and possible action on the continued residential encroachment on the

Laredo International Airport.

Cm. Bruni stated that some time ago, the Planning and Zoning Department was against a certain subdivision continuing their R-1 south tract in building right up to our Laredo International Airport.

Humberto Garza, Airport Property Manager, reported that Jose Flores, Airport Director, is presently in Ft. Worth discussing this concern with Federal Aviation Administration officials. He mentioned that this tract of land is one of six tracts that they have identified for possible acquisition. It is currently vacant and undeveloped and, at this point in time, they would like to encourage the possibility of having the City acquired it.

Cm. Bruni mentioned that there has been discussion about moratoriums in the immediate area. He stated that if nothing is done now the City Council would just be creating another problem for the future.

4. Status report on the purchase of homes by our Noise Abatement Project, with

possible action.

Cm. Bruni stated that our Community Development Director has aggressively pursued this issue, in particular, as to the purchase of homes that have been impacted by noise pollution problems. He wants to be appraised of where the city stands in the acquisition of homes as well as the acquisition of avigational easements and the money that is still available for this project.

Erasmo Villarreal, Community Development Director, provided an update on the program. He mentioned that to date, they have 72 participants who want to become involved in the acquisition program. They have had 52 families that have participated with litigation easement and 10 families have chosen the acoustical treatment program. They have completed the acquisition of 53 units and have completed the avigational easements for 28 families, and have initiated the sound proofing under the acoustical program. They have 19 families in the process of securing fee simple acquisition, 24 families are also in the process for the avigational easement, and an additional nine families who are going to participate in the acoustical treatment program. The expenditures undertaken have totaled to approximately $7.9 million dollars out of $10 million dollars that they had allocated to start the program. He reported that this leasing program, which was initiated 30 days ago, has expanded quickly. He stated that Laredo Municipal Housing Corp. has enough applicants right now to lease all remaining units. What the agency is doing is taking deposits on the units and getting them completed to place them on the market as soon as they can get the units ready.

Cm. Bruni inquired whether the department is anticipating additional funding for the program.

Erasmo Villarreal replied that they are anticipating being awarded an additional $2.5 million dollars from the Federal Aviation Administration to continue this program. He mentioned that part of what Jose Flores, Airport Director, is doing is securing additional funds for the Part 150 to secure additional acquisition of vacant land north and around different parts of the airport.

Cm. Amaya inquired whether there are plans for a Phase II for soundproofing.

Erasmo Villarreal replied that those plans are in the works once they finish with the first 20 homes.

Cm. Bruni mentioned that two property owners had given an avigational easement to the City of Laredo and had received their 8 % of the valuation for the property and later became dissatisfied with their decision. He inquired whether the City of Laredo could refund the money and then have the City buy them out.

Erasmo Villarreal stated that it is possible and that he would be willing to speak to the two property owners if he chooses to furnish him with their names.

C. Request by Council Member John C. Galo

1. Discussion on the traffic congestion on Bridge II, with possible action.

Rafael Garcia, Bridge Director, reported that the traffic congestion is due to the flow of traffic coming off of IH-35 unto the bridges and the heavy traffic flow from the cross streets heading right unto IH-35. He stated that unless those issues are addressed, this problem is not going to disappear. He stated that the toll booth inspectors at the bridge average between eight to ten seconds to process each vehicle. He mentioned that the long lines subsided when they moved the trucks to Bridge IV, but those gaps were quickly filled with vehicular traffic.

Cm. Galo suggested that there needs to be a point farther north of the present location where the five lanes merge into three lanes in order to accommodate the traffic that is building up as motorists attempt to reach the bridge.

Larry Dovalina, City Manager, stated that in addition, the Bridge Department is also attempting to promote the Easy Tag for motorists, in particular the daily commuters, in order to facilitate quick travel time through the bridge lanes.

2. Staff report on any potential sales and /or lease of the former Mercy Hospital

property.

Cynthia Collazo, Assistant City Manager, has contacted the current owner, Carlos Carranco, and he has not indicated whether he would be willing to sell or develop that property at this time. He stated that he did have two firms come and visit and take a look at the property but there are no firm prospects being considered. He is looking at another option and that is that the property be converted for use as a Veterans home or perhaps some type of assisted residential living. He indicated to the City that he has not made any final decision as to what he will do.

D. Request by Council Member Eliseo Valdez, Jr.

1. Discussion with possible action on how to develop a tool or amend an existing

ordinance to give our enforcement officials the authority to deal with what is perceived as a growing problem in our community. There are several groups of people using empty lots in residential areas as junkyards. They buy wrecked cars at auctions, and then they bring them into these residential areas, that are used as temporary staging areas before transporting them over to Mexico. At times we even have tractors, and at times they dismantle these vehicles, creating eyesores and junkyards. Some of these lots are owned by people in Mexico, which makes it hard for us to get them to comply with our existing ordinances.

Cm. E. Valdez, Jr. inquired as to what could be done with the existing ordinances in order to give Zone Enforcement Officers more authority.

Larry Dovalina, City Manager, stated that those vehicles in overnight staging areas can be addressed by prohibiting the overnight parking in those areas and have them towed away.

Police Chief Agustin Dovalina stated that the vehicles abandoned on a right-of-way are taken care of by the Laredo Police Department. Once they are tagged by a police officer, the vehicle owner has 72 hours to remove the vehicle or it will be towed away. He mentioned that the problem involving vehicles parked in private residential lots is a different story. In those situations, code enforcement officers should be able to address that problem.

Cm. Galo inquired whether the city could amend an ordinance to allow for some remedy wherein the city could fine the property owner for a repeated number of violations.

Larry Dovalina, City Manager, stated that city staff would look into changing the existing ordinance to be able to address this continuous violation.

Cm. E. Valdez, Jr. requested a follow-up report in the next two to three months to see whether something could be done about this situation.

2. Request for a traffic study at the intersection of Marcella and Bustamante, due to

the high incidence of accidents; to be followed by recommendation from the Traffic Department on what could be done to help remedy the problem.

Roberto Murillo, Traffic Department Director, reported that they have done a preliminary study of the location. Based on his department’s assessment, he noticed that there was no visible obstruction at the intersection that would support the high incidence of accidents. He mentioned that there could be minor accidents that go unreported and that is why they are not aware of them.

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

1. Discussion with possible action on giving Officer Jose Luis Ramos an extension

of one (1) year with pay for injury leave.

Officer Ramos made reference to a letter addressed by Administrative Services Department dated December 21, 2000, which allows Officer Ramos one of two options. He can either petition City Council to extend his injury leave with pay or he can apply for disability retirement benefits.

Mayor Flores commented that the City Council is authorized to extend his injury leave with pay. She stated that the City Council would require an assurance from Officer Ramos that he can indeed return to work following the year extension. She also mentioned that Officer Ramos might consider the second option which allows for payment of disability retirement benefits. Mayor Flores posed the question to Officer Ramos whether he believes that he will be returning to work in a year.

Officer Ramos replied that that is his intention.

Dan Migura, Administrative Services Department Director, provided a history of the particulars in connection with this employee request. He mentioned that Officer Ramos has been with the City of Laredo for 26 years, 3 months. He was injured on August 12, 1999, as a result of lifting some boxes. He further stated that the extent of his injury has created some concerns for the employee as far as being able to return to work at this time. He continued on full pay status and injury leave with pay up until November 16, 2000, at which time the City of Laredo fulfilled its requirement of paying out one year of additional pay in keeping with the Local Government Code provisions. Additionally, he has been receiving workers’ compensation payments which total about 75 % of his pay. He stated that in order for the City of Laredo to continue to reimburse an eligible employee at 100 % would require that the employee return the 75 % to offset some of the expenditures covered on those injuries. He was placed under the Return to Work program and Officer Ramos did return to work with modified duty for approximately 60 days which is the standard time in place for the modified duty program.

The Administrative Services Department received a letter from Dr. Cantu on February 2, 2001, stating that Officer Ramos can no longer perform the duties required of a police officer. Mr. Migura commented that the City has no reason to believe that this prognosis will change. He further stated that Officer Ramos has also received an impairment rating from the workers’ compensation group which indicates that he is not fully capable of carrying out peace officer duties as required. He is currently exhausting his own leave time working through both his sick leave and annual leave accruals. He has approximately 21 ½ days of leave remaining according to personnel records. Mr. Migura stated that he has spoken to City Manager Larry Dovalina and Assistant City Manager Cynthia Collazo and following exploration of all possibilities, the consensus would be for Officer Ramos to consider one of several options: 1) to look for employment, other than civil service employment, in a different department; 2) to consider applying for retirement since he is eligible for regular retirement following 26 years and 3 months of service with the City; 3) to pursue disability retirement being that it would be beneficial because he may qualify for Social Security disability benefits as well; or 4) for City Council to extend this injury leave for an additional period of time. Mr. Migura is recommending that City Council should make some type of provision at this time because Officer Ramos is looking at 21 ½ days remaining of leave with pay. His recommendation would be to provide for one to three months and that would allow him to pursue the retirement option and not have any kind of break in income.

Mayor Flores stated that the reason for Cm. J. Valdez, Jr. bringing this item up for discussion is because Officer Ramos does not want to pursue any of the options that have been proposed.

Cm. J. Valdez, Jr. inquired as to the doctor’s assessment on Officer Ramos’ injuries and what was the basis for the doctor making this prognosis of continued disability.

Officer Ramos mentioned that his doctor does not concur with the City of Laredo policy. He stated that the doctor did designate a 5 % impairment with restrictions. He further stated that his doctor did authorize his return to work, but the Risk Management Department did not approve the request to return to work due to the restrictions imposed. He spoke to his doctor on this matter who stated that he has not had adequate time for his injuries to improve. He also commented that he was placed under modified duties at the beginning when his injuries were recent. He believed that this modified duty should have been assigned toward the end of the year rather than at the beginning of the year.

Motion that the City extend one additional year of injury leave with pay to allow Officer Ramos the additional time needed for full recovery.

Moved: Cm. J. Valdez, Jr.

Second: Cm. Amaya

For: 8 Against: 0 Abstain: 0

Cm. Galo recommended that this additional pay be approved for a shorter period of time. He agreed with Mr. Migura’s suggestion which would require that the doctor provide the City of Laredo with feedback to ensure that the Administrative Services Department and the doctor are in agreement as to the most favorable arrangement for this employee.

Larry Dovalina, City Manager, recommended that the Administrative Services Department request another doctor’s opinion and to tie this in to the motion that there be some reasonable expectation that the officer will be able to return to work. At the moment, there is a question whether he will, after taking off another year, be able to return to work. He also recommended that the officer undergo another examination by a different doctor.

Cm. J. Valdez, Jr. amended his motion to make it six months and after the six-month interval, it will be reviewed by City Council once more and to have another doctor examine his injuries.

Moved: Cm. Valdez, Jr.

Second: Cm. Amaya

For: 8 Against: 0 Abstain: 0

Motion to have Officer Ramos’ sick leave and annual leave restored as of December 23, 2000, to the present.