CITY OF LAREDO

CITY COUNCIL MEETING

M2001-R-13

CITY COUNCIL CHAMBERS

1110 HOUSTON STREET

LAREDO, TEXAS 78040

MAY 21, 2001

5:30 P.M.

I. CALL TO ORDER

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

II. PLEDGE OF ALLEGIANCE

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

III. ROLL CALL

In attendance:

Elizabeth G. Flores, Mayor

Alfredo Agredano, Council Member, District I

Louis H. Bruni, Council Member, District II

John C. Galo, Council Member, District III

Johnny Amaya, Council Member, District IV

Eliseo Valdez, Jr., Council Member, District V

Joe 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, Acting City Manager

Jaime Flores, City Attorney

IV. MINUTES

None.

V. COMMUNICATIONS AND RECOGNITIONS

Announcements

Mayor Flores requested that everyone observe a moment of silence for Roberto Ocampo, an El Metro employee since February, 1996 who recently lost his life in a traffic accident.

Cm. Agredano stated he invites everyone to join him Sunday, May 27, 2001, at the City Cemetery for the placing of flags on our Veterans’ tombstones. He mentioned that there would be a special ceremony on Monday, May 28, 2001, at the City Cemetery to honor all our Veterans and invited the public to attend.

Cm. Bruni submitted the current report on the Southwest Texas Rain Enhancement Association and read the following comments as reported by Ed Walker, General Manager:

“As you can see, the storms moved out of Mexico and over Laredo. We were already on other storms with readings higher than the storm in question which was not above the Hail Threshold. The flight track shows that we were not in the equation on the Laredo storm. Also, we are in the restricted category which keeps us from working directly above “Major Metropolitan Areas.”

Cm. Galo mentioned that he, along with other Council Members, recently attended a meeting in New York with the insurance companies regarding the city’s bond rating. He stated the meeting was very successful in getting an excellent bond rating for the City and obtaining a good bid from the insurance companies. He further stated that he traveled on to Washington, D. C. to attend the Border Trade Alliance meeting. He urged the local customs brokers to take on an active role and provide their perspective on trade issues.

Cm. Bruni submitted a press release publicizing the funds obtained from the Federal Aviation Administration through the Military Airport Program. The City of Laredo will receive $335,000.00 through this program with an additional $1,919,379.00 which will go to rehabilitate taxiways, acquire land approaches, construct service roads, conduct noise compatibility plan updates, and update an airport master plan study. Aside from these grants, the airport had previously publicized the award of $2.5 million for the airport noise-abatement program.

Cm. Amaya reported that District IV presented seven $500.00 scholarships and he thanked the Chairmen Manuel Reyna, Alfredo Juarez and Gilberto Mancha as well as all the volunteers who assisted him.

Mayor Pro Tempore Guerra mentioned that last week the City celebrated National Police Week. He assisted in presenting awards to those students who had submitted winning entries on the topic of law enforcement. He also participated in a memorial service for our fallen police officers which was held on May 14, 2001, at Jarvis Plaza.

Cm. E. Valdez, Jr. thanked Police Chief Agustin Dovalina, Deputy Police Chief Fructuoso San Miguel, and Assistant Police Chief Eliodoro Granados for the great work done in putting together the COPS program in District V. He commended the Castillo Family, relatives of fallen hero, Officer Susano Castillo, as well as the students from Alma Pierce Elementary for their participation.

Mayor Flores attended a grand opening celebration for Warner Enterprises de Mexico on May 18, 2001, that was well attended by members of the transportation community from Laredo and Nuevo Laredo. She mentioned that Mr. C. L. Warner, the owner, was present at the celebration stated that they are the fifth largest truckload carriers in the country. Mayor Flores also reported that the company’s safety record is excellent and as such the company is an esteemed representative within the industry.

Mayor Flores mentioned that members of the Congressional Committee on Transportation had been in town on Sunday, May 20, 2001, for a tour of the World Trade Bridge. Mayor Flores, City Manager Larry Dovalina, and Assistant City Manager Cindy Collazo met with the Congressional Committee in their respective capacities as members of the House Transportation Committee. They asked questions in regards to our inspection stations and the safety of the trucks as they leave Laredo and travel throughout the country. Mayor Flores mentioned that the group left with a thoroughly different perspective once they were given an up-close view of the City’s transportation industry and were made aware of the contributions it makes to the rest of the country. She mentioned that TxDOT is asking for $100,000,000.00 to build safety inspection stations along the border. Mayor Flores stated that funding at that grand scale could be put to good use along the border and the Congressional Committee members were very receptive to the suggestions made.

Mayor Flores announced the Public Hearing regarding the Chacon Creek Flood Mitigation Project. She invites the public to attend the meetings to be held on Wednesday, May 23, 2001, and Thursday, May 24, 2001, from 6:30 to 8:30 p.m. at the Service Center at 5512 Thomas Avenue. The limits of the proposed project will be from the south side of Hwy. 59 to the river and will consist, but is not limited to, the following:

q proposed improvements to reduce the flood plain

q provide open space park facilities in vicinity of Chacon Creek

q provide hiking and biking trails along the Chacon Creek

q provide ecological corridors for the wildlife habitat as well as provide wetland restoration

Mayor Flores asked the City Council to contact some of the agencies that apply under the Third Party Funding program to attend a final workshop to be held on July 12, 2001. She stated that it is very important for these agencies to attend so that they understand what is needed from each of them in order to be in compliance with city policy.

Invitations

Recognitions

a. Final status report of the City of Laredo's participation in the American Cancer Society's

"Relay for Life" fundraiser.

Dan Migura, Administrative Services Director, reported that employees from eleven city departments participated in this year’s events.

Cordy Barrera, Coordinator for the local American Cancer Society event, mentioned that the City of Laredo’s participation provided a great portion of the participants and the city alone was responsible for over $10,000.00, or 18%, in contributions for this event. She commended the city employees for their team effort and for showing everyone in the community what working together for an important cause can accomplish.

Larry Dovalina, City Manager, stated that one of the goals he committed to when he began his role as City Manager was to have the city employees become more community oriented and to have the city employees give back to their community.

Mayor Flores recognized the participants and awarded plaques to the members of the Steering Committee from the various city departments.

Bridge Department was recognized for the most funds raised by a city department.

Elsa Gonzalez was recognized for the most funds raised by an employee.

Steering Committee members include:

Jessica Hein

John Orfila, Jr.

Hilda Negrete

Fernando C. Morales, Jr.

Gloria Solis

Sylvia Arellano

Janie Garcia

Donna B. Copeland

Miguel Pescador

Linda Cantu

Communiqués

a. Presentation of the 2000-2001 City of Laredo COOP (Cooperative Training) and ICT

(Industrial Cooperative Training) student employees.

Mayor Flores recognized the following student employees:

Juan R. Torres, II Health Department United

Maria G. “Lupita” De Los Reyes City Secretary Alexander

Sandra Portales Finance United South

Arnold Yzaguirre Finance United South

Juan Anaya Tax United

Ricardo Galvan Engineering Nixon

Sergio A. Chavana, Jr. Community Development Nixon

Gloria E. Contreras Parks and Recreation Cigarroa

Enrique Castillo Convention and Visitors Nixon

Claudia Cestou Parks and Recreation Martin

Juan Rodriguez Police United South

Esmeralda Montes Parks and Recreation Martin

Mayor Flores also recognized the student employees who were not present:

Priscilla Aranda Library Alexander

Gilbert Ibarra Library Alexander

Araceli Vasquez Parks and Recreation Cigarroa

Hector Guerra, Jr. Parks and Recreation Cigarroa

Virginia Martinez Parks and Recreation Nixon

Gloria Alvarado Parks and Recreation Nixon

Melissa Garza Parks and Recreation Nixon

Liza Y. Guardiola Administrative Services Nixon

Vanesa Speed Parks and Recreation Cigarroa

Randy Lopez Parks and Recreation Cigarroa

Perla Villarreal Parks and Recreation Cigarroa

Luis Viera Parks and Recreation Nixon

Jose A. Benavides Finance Nixon

b. Presentation on the ADA Compliance Report for the following projects: CDBG

Sidewalk School Approaches Program, the Public Works Service Center, Zacate Creek Beautification Phase II, and the Fourth Bridge/Border Facilities.

Rogelio Rivera, City Engineer, provided a summary of the projects that have met ADA compliance standards and submitted a copy of the Certificates of Substantial Compliance which read as follows:

“We are pleased to present you with this certificate which indicates that the facility named being newly constructed was found to be in substantial compliance with the applicable provisions of the Texas Architectural Barriers Act, Art. 9102, Texas Civil Statutes.

This determination does not address the requirements of the Americans with Disabilities Act (ADA), (P.L. 101-336), or any other state, local, or federal requiement.

Congratulations are extended to all persons who have contributed to this accessible facility.”

Texas Department of Licensing and Regulation

c. Presentation by Kyle Kippenbrock and Jorge Gonzalez, senior students at Alexander

High School Magnet for Health and Science on a possible ordinance amendment based on an experiment and research conducted.

Kyle Kippenbrock and Jorge Gonzalez, students at J. B. Alexander High School Magnet School, made a presentation on the feasibility of setting up swinging doors at public restrooms to reduce the degree of contamination. They propose installing swinging doors that could be opened up from the inside of the restroom facilities or designing facilities with no outer doors, e.g. airport restrooms have the walk through concept.

Mayor Flores mentioned that the private sector would certainly be interested in protecting the health of the community. She stated that the City needs to send this message out to the local restaurants being that they would be encouraged to improve hygiene levels for everyone. She suggested launching a city-wide campaign and in that way assist the Alexander Magnet School students get this message out.

VI. APPOINTMENTS TO COMMISSION, BOARDS AND COMMITTEES

None.

VII. PUBLIC HEARINGS

1. Public hearing amending the City of Laredo FY2000-2001 annual budget in the amount

of $20,025.00 to fund the High Intensity Drug Trafficking Area (HIDTA) Public Corruption Task Force at no cost to the City. Funds will be used to pay for overtime, travel and operational expenses beginning January 1, 2001 through December 31, 2001. (Approval of Resolution 2001-R-059 needed before Public Hearing)

INTRODUCTION OF AN ORDINANCE

Amending the City of Laredo FY2000-2001 annual budget in the amount of $20,025.00

to fund the High Intensity Drug Trafficking Area (HIDTA) Public Corruption Task Force at no cost to the City. Funds will be used to pay for overtime, travel and operational expenses beginning January 1, 2001 through December 31, 2001.

Motion to open the public hearing.

Moved: Cm. Bruni

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

There was no public input.

Motion to close the public hearing and introduce.

Moved: Cm. Galo

Second: Cm. Amaya

For: 8 Against: 0 Abstain: 0

Ordinance Introduction: City Council

2. Public hearing amending the City of Laredo FY2000-2001 annual budget in the amount

of $637,772.00 to fund the Laredo Financial Disruption Task Force from the Office of the National Drug Control Policy (ONDCP) High Intensity Drug Trafficking Area (HIDTA) at no cost to the City. Funds will be used to pay for personnel salaries, travel and operational expenses beginning January 1, 2001 through December 31, 2001. (Approval of Resolution 2001-R-053 needed before Public Hearing)

INTRODUCTION OF AN ORDINANCE

Amending the City of Laredo FY2000-2001 annual budget in the amount of $637,772.00

to fund the Laredo Financial Disruption Task Force from the Office of the National Drug Control Policy (ONDCP) High Intensity Drug Trafficking Area (HIDTA) at no cost to the City. Funds will be used to pay for personnel salaries, travel and operational expenses beginning January 1, 2001 through December 31, 2001.

Motion to open the public hearing.

Moved: Cm. Bruni

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

There was no public input.

Motion to close the public hearing and introduce.

Moved: Cm. Galo

Second: Cm. E. Valdez

For: 8 Against: 0 Abstain: 0

Ordinance Introduction: City Council

3. Public hearing authorizing the City Manager to amend the City of Laredo's FY 2000-

2001 annual budget in the amount of $19,443.00 for overtime expenses that are to be reimbursed by the Federal Bureau of Investigation (FBI) to fund the Laredo Border Region Violent Crimes Task Force (LBRVCTF). The Laredo Police Department will assign one Investigator and one Police Officer to the task force. Reimbursement of overtime expenses will commence on October 1, 2000 through September 30, 2001. (Approval of Resolution 2001-R-057 needed before Public Hearing)

INTRODUCTION OF AN ORDINANCE

Authorizing the City Manager to amend the City of Laredo's FY 2000-2001 annual budget in the amount of $19,443.00 for overtime expenses that are to be reimbursed by the Federal Bureau of Investigation (FBI) to fund the Laredo Border Region Violent Crimes Task Force (LBRVCTF). The Laredo Police Department will assign one Investigator and one Police Officer to the task force. Reimbursement of overtime expenses will commence on October 1, 2000 through September 30, 2001.

Motion to open the public hearing.

Moved: Cm. E. Valdez

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

There was no public input.

Motion to close the public hearing and introduce.

Moved: Cm. Bruni

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

Ordinance Introduction: City Council

4. Public hearing authorizing the issuance of City of Laredo, Texas Sports Venue Sales Tax

Revenue Bonds, Series 2001, in the principal amount of $40,000,000.00 to finance a sports venue project for a multi-purpose entertainment arena and related infrastructure and for payment of legal, fiscal, architectural and engineering fees in connection with such projects and ordaining other matters relating to the subject including approving a bond purchase agreement and official statement, and providing for the security of the bonds and the pledging of a sales tax and authorizing amendment to City's budget to appropriate such proceeds for purposes authorized herein.

INTRODUCTION OF AN ORDINANCE

Authorizing the issuance of City of Laredo, Texas Sports Venue Sales Tax Revenue Bonds, Series 2001, in the principal amount of $40,000,000.00 to finance a sports venue project for a multi-purpose entertainment arena and related infrastructure and for payment of legal, fiscal, architectural and engineering fees in connection with such projects and ordaining other matters relating to the subject including approving a bond purchase agreement and official statement, and providing for the security of the bonds and the pledging of a sales tax and authorizing amendment to City's budget to appropriate such proceeds for purposes authorized herein.

Motion to open the public hearing.

Moved: Cm. Galo

Second: Cm. Amaya

For: 8 Against: 0 Abstain: 0

There was no public input.

Motion to close the public hearing and introduce.

Moved: Cm. Galo

Second: Cm. E. Valdez

For: 8 Against: 0 Abstain: 0

Ordinance Introduction: City Council

VIII. GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS

5. A. Request by Council Member John C. Galo

1. Request for a staff report on Meadow Bridge, with possible action.

Rogelio Rivera, City Engineer, provided a five-minute video explaining the improvements made on the project which revealed the progress being made on the project overall. Mr. Rivera reported that the construction crew has used 60% of their working days on the project.

Carlos Rodriguez, Laredo area engineer for TxDOT, reported that they would have pre-cast panels installed for the abutments. He stated that the first week of June, 2001, would be adequate curing time for the abutments before placement of the beams is allowed. He reported that they estimate having the work completed by mid-July and the bridge would be open to traffic.

2. Request for staff report on 1704 Lane, with possible action.

Benny Salinas, Building Director, reported that they issued a permit to replace a manufactured home found on the property. There was a question whether the permit was issued correctly when the department cited the individual. The matter went before the court in March, 2001, at which time the judge rendered a ruling that because the manufactured home had been replaced with a newer model within six months, it was in non-conforming use and the permit issued was a legitimate permit. Mr. Salinas mentioned that they would provide another notice to remind the owner that he has until the 26^th to comply with the skirting of the mobile home.

3. Discussion on existing and proposed ordinances that govern railroads, with

possible action.

Larry Dovalina, City Manager, reported that the City is working on several exchanges of property with Tex-Mex and there are some reports that are being prepared by the Planning and Zoning Department through its participation in the Rail Policy Committee meeting. He mentioned that the City also has an attorney who is providing a reading on the ownership of a piece of property that is in question. He stated that there is a related item on the agenda dealing with the encroachment of a warehouse that was sold.

Keith Selman, Planning and Zoning Director, reported that at the last Rail Policy Committee meeting, his staff was directed to look into several ordinance opportunities dealing with noise decibel levels, public rights-of-way, etc. which the Legal Department and legal counsel should review. He read a provision of the fencing and screening section of an ordinance:

“All non-residential uses which abut or adjoin any residential property or zoning district, or which abut or adjoin a school, park, or church shall provide an opaque fence or wall of not less than seven feet in height along all side or rear property lines which abut or adjoin such property.”

Keith Selman mentioned that this provision has not been enforced along railroad lines. He stated that the City needs to implement some type of strategy to ensure the enforcement of that section of the ordinance.

Cm. Galo mentioned that the railroad should be fined for each violation separately so each resident that abuts the railway line would need a fence.

Jaime Flores, City Attorney, stated that for each separate violation, the railway could be fined $500.00 every day.

Motion to instruct staff to draft an ordinance that would give an upper limit to the noise decibel levels of the chimes.

Moved: Cm. Galo

Second: Cm. J. Valdez, Jr.

For: 8 Against: 0 Abstain: 0

Mayor Flores proposed that the City begin working on a long-term solution, along with the short-term solutions. She mentioned that the long-term solution for this community would require moving the rail lines out of town.

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

1. Discussion with possible action on the results of the traffic improvements study,

that included stop signs, flashing beacons, etc. in District VII, specifically on Lowry, Rancho Viejo, Eagle Pass and Lafayette St.

Roberto Murillo, Traffic Director, reported that they had several requests in this District. He provided City Council with a summary of the proposed changes:

On Lafayette and Pinder St., the request made to reverse the stop signs or making the intersection a four-way stop. The department has recommended that it be converted to a four-way stop. They will be installing the stop signs within the next ten days.

Regarding the request for flashers on Bristol Road, the department has installed some school flashing assemblies for both approaches to the school. They should be operational later this week.

On the speeding issue on Eagle Pass St., the department noticed that there was no speed limit signs in the area. The department will be installing two speed limit signs in the area in each direction. He mentioned that he would be requiring assistance from the police department for enforcement purposes.

On the speeding issue on Lafayette St., the department noticed that there was no speed limit signs in the area. The department will also be installing two speed limit signs in the area in each direction. He would again be requiring the assistance from the police department for enforcement purposes.

Regarding the issue in Rancho Viejo Subdivision for a four-way stop at the Center Road intersection, the department found an obstructed view at the intersection. His department will be meeting with the property owners to cut down the cactus to provide better sight distance. The department will also be conducting a traffic study to determine the need for a four-way stop. Mr. Murillo mentioned that regarding the request for a four-way stop on Center Road and Lowry St., they are still conducting a traffic count to determine the need.

2. Discussion with possible action to add traffic signs and speed humps at the

Father McNaboe Park Area and truck route signage on San Bernardo between Calton Road and Jefferson.

Roberto Murillo, Traffic Director, reported that as to the truck route signage, there was only one sign posted. The department will be installing some “No Truck” signs on Jefferson St. and Calton Road to discourage the truck drivers from turning onto San Bernardo.

Horacio De Leon, Interim Parks and Recreation Director, reported that the department is working on a design for speed humps at Father McNaboe Park. He stated they are not in agreement with the speed humps as they are designed for the streets. The department is looking into a better design for the parking lot speed humps. He is recommending having the Parks and Recreation Department make them out of concrete and produce them in-house or through a private contractor.

c. Request by Council Member Juan Ramirez

1. Report on the repairs on the San Agustin Plaza, with possible action.

Fernando Roman, Utilities Director, reported that they have delivered the brick as of today. The crews are placing approximately 6,000 bricks on the site. The contractor has been instructed to begin from the intersection of La Posada and San Agustin Church in order to make progress and he anticipates that the project will be completed by June 8, 2001.

2. Discussion with possible action regarding the creation of parks in District VIII in

the areas of Zacate Creek, La Ladrillera, El Cuatro, San Francisco Javier, La Azteca, and the improvements on the Saint Peter's Plaza.

Horacio De Leon, Interim Parks and Recreation Director, reported on Zacate Creek and San Francisco Javier areas, there are pending grants for parks in those areas. The Corps of Engineers is looking at the San Francisco Javier property to do an open space reforestation. For the Zacate Creek area, there is a pending grant with the Texas Parks and Wildlife Department which would connect the linear park to the mouth of the river. In El Cuatro neighborhood, there are two blocks that could be transformed into soccer fields and a recommendation will be made during the budget workshops. In the La Ladrillera neighborhood, there is a new recreational center that will be opening June 1, 2001, that will complement the existing park in the neighborhood. The department is currently working on making improvements to St. Peter’s Plaza to include basketball courts.

Larry Dovalina, City Manager, reported that some of the areas described already have some recreational facilities and others are in the process of being designed. He mentioned that one could see that this District will eventually be surrounded by a park system upon completion of these actions taking place.

3. Discussion with possible action on parking on the sidewalks of Sta. Maria during

Tecolotes games.

Assistant Police Chief Granados reported that the police department has received several complaints from the neighbors. The department has been issuing citations and will be impounding vehicles, if necessary. He mentioned that they would station some patrol officers along that area to ensure that the motorists do not park on the sidewalk.

4. Status report on the Clean Up in the neighborhoods of La Azteca and San

Francisco Javier by the riverbanks.

Ronnie Acosta, from Community Development, reported that in regards to the San Francisco Javier neighborhood, Code Enforcement Division officers were in the area a week ago. She stated that the officers targeted that neighborhood and identified six weeded lots and issued 12 citations. Code Enforcement Division officers informed the residents that the trash must be bundled properly so that the Public Works crew can pick up the trash. They also removed 52 abandoned tires in the San Francisco Javier neighborhood.

IX. INTRODUCTORY ORDINANCES

6. An ordinance authorizing the City Manager to execute a lease with Corpus Christi

SMSA Limited Partnership, d/b/a Cingular Wireless, by its General Partner, Southwestern Bell Wireless, L.L.C. for ground space at the Fire Station located at 9402 Northeast Bob Bullock Loop, Laredo, Webb County, Texas and being more fully described in lease agreement to construct on such premises a 125 ft. high monopole and related building equipment for use with its communications business. Term of the lease is ten (10) years commencing May 28, 2001 and ending May 28, 2011 with three (3) successive renewal terms of five (5) years. Annual base rent shall be $7,700.00 each year during the term of the lease and will be adjusted by three percent (3%) on each anniversary of the commencement date, providing for effective date.

Ordinance Introduction: City Council

7. An ordinance authorizing the City Manager to execute a lease with Corpus Christi

SMSA Limited Partnership, d/b/a Cingular Wireless, by its General Partner, Southwestern Bell Wireless, L.L.C. for ground space at the Unitec Water Tanks Compound located at 13378 South Unitec Drive, Laredo, Webb County, Texas and more fully described in lease agreement to construct on such premises a 180 ft. high self-supporting type tower and related building equipment for use with its communications business. Term of lease is ten (10) years commencing May 28, 2001 and ending May 28, 2011 with three (3) successive renewal terms of five (5) years. Annual base rent shall be $7,700.00 each year during term of the lease and will be adjusted by three percent (3%) on each anniversary of the commencement date, providing for effective date.

Ordinance Introduction: City Council

8. An ordinance authorizing the City Manager to execute a lease agreement between the