CITY OF LAREDO

CITY COUNCIL MEETING

M2001-R-20

CITY COUNCIL CHAMBERS

1110 HOUSTON STREET

LAREDO, TEXAS 78040

AUGUST 6, 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 Flores led in the Pledge of Allegiance.

III. ROLL CALL

In attendance:

Elizabeth G. Flores, Mayor

Alfredo Agredano, Council Member, District I

Louis H. Bruni, Council Member, District II

John C. Galo, Council Member, District III

Johnny Amaya, Council Member, District IV

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

Johnny Amaya, Council Member, 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

None.

V. COMMUNICATIONS AND RECOGNITIONS

Announcements

Cm. Bruni submitted the Southwest Texas Rain Enhancement Association Report to City Council for Flights #48 and #49 conducted on August 2, 2001, and Flight #50 conducted on August 3, 2001. He also submitted minutes from the SWTREA July Board meeting. He submitted an unapproved proposal by the Association for the 2002 budget year. He mentioned that they are hoping to lower the assessments to the different entities involved from 4.7 cents per acre to 3.7 cents per acre. The complete reports are available at the City Secretary’s Office for review.

Cm. Bruni also submitted material on the history and significance of Liberty Bell Day on behalf of Joseph Chalco who spoke before City Council at a prior meeting.

Mayor Flores reported that there was a letter addressed to Erasmo Villarreal, Community Development Director, by a concerned visitor at the Gallagher Garden Apartments. She stated that the citizen’s concern relates to a tax credit project, and it was referred to Abraham Rodriguez, a managing partner of Laredo Metro Housing that owns said apartment.

Invitations

None.

Recognitions

None.

Communiqués

None.

A. In recognition of the American Little League All Stars for advancing to the State

Section 4 Championship Games.

Horacio De Leon, Parks and Recreation Director, recognized the American Little League players for winning their District 34 Division competition and advancing to the Sub-Sectionals.

Mayor Flores presented them with a Certificate of Recognition for their performance at the District 34 and State championship games as well as for their sportsmanship.

2001 American Little League Seniors All Stars

Manager: Manuel Osorio Coaches: Jose L. Magana and Juan J. Berlanga

Martin Osorio Alex Villarreal

Arturo Gutierrez Javier Vasquez, Jr.

Enrique D. Rodriguez Rogelio Gomez, Jr.

Juan J. Villafranca Jose R. Labra

Francisco J. Hernandez, Jr. Johnhatan D. Sosa

Armando Monvicais Jose L. Magana, Jr.

Joe C. Mireles, IV

2001 American Little League Majors All Stars

Manager: Juan Ortiz Coaches: Isidro Orozco, Jr. and Evaristo T. Madrigal

Juan D. Cardenas Javier Veliz, Jr.

Erik Gutierrez Danyel D. Sanchez

Abraham D. Renteria Anselmo Nino, III

Jose A. Carizales Dario I. Madrigal

Alex Garcia Pascual Reyna, Jr.

Reynaldo Pena, Jr. Martin X. Flores

2001 American Little League Minors All Stars

Manager: Carlos V. Cruz, Jr. Coaches: Crescencio Ruiz and Julio Reyna

Carlos V. Cruz, III Luis Alberto Perez

Gus Garcia Alejandro Reyna

Corbin King Esteban Rodriguez

Alejandro Medina, Jr. Michael A. Ruiz

Raul Molina, Jr. Javier Valverde

Adolfo Nino Jose R. Vasquez

Jose Pedraza

VI. APPOINTMENTS TO COMMISSION, BOARDS AND COMMITTEES

A. Appointment by Mayor Pro-Tempore Eliseo Valdez, Jr, of Dan Rodriguez to the

Vehicles for Hire Ad Hoc Committee.

Motion to approve.

Moved: Cm. Galo

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

VII. PUBLIC HEARINGS

1. Public hearing amending the City of Laredo FY 2000-2001 Airport Budget to recognize

additional revenues from a grant received from the Federal Aviation Administration being grant project no. 3-48-0136-30-01 in the amount of $335,000.00 for the purpose of constructing a fuel farm to be located on the east side of the Laredo International Airport and appropriating said grant revenue and local match to the appropriate expenditure accounts and authorizing the City Manager to implement said budget amendment. The local match is available in the Airport Land Acquisition Reimbursement Account.

INTRODUCTION OF AN ORDINANCE

Airport Budget to recognize additional revenues from a grant received from the Federal Aviation Administration being grant project no. 3-48-0136-30-01 in the amount of $335,000.00 for the purpose of constructing a fuel farm to be located on the east side of the Laredo International Airport and appropriating said grant revenue and local match to the appropriate expenditure accounts and authorizing the City Manager to implement said budget amendment.

Motion to open the public hearing.

Moved: Cm. Agredano

Second: Cm. Guerra

For: 8 Against: 0 Abstain: 0

There was no public input.

Motion to close the public hearing and introduce.

Moved: Cm. Bruni

Second: Mayor Pro Tem E. Valdez, Jr.

For: 8 Against: 0 Abstain: 0

Ordinance Introduction: City Council

2. Public hearing of an ordinance amending Chapter 12 of the Code of Ordinances, City of

Laredo, Texas to include Article IV to establish fees for Fire Engineering Services and Life Safety Inspections, within the Corporate Limits of the City of Laredo, Texas.

INTRODUCTION OF AN ORDINANCE

An ordinance amending Chapter 12 of the Code of Ordinances, City of Laredo, Texas to include Article IV to establish fees for Fire Engineering Services and Life Safety Inspections, within the Corporate Limits of the City of Laredo, Texas.

Motion to postpone for next week’s City Council meeting.

Moved: Cm. Guerra

Second: Mayor Pro Tem E. Valdez, Jr.

For: 8 Against: 0 Abstain: 0

3. Public hearing amending Chapter 19, Motor Vehicle and Traffic, Article VIII, Stopping,

Standing or Parking, Section 19-361, Secured Controlled Access Parking Lots and Section 19-362, Parking Lot Rates and Hours of Operation, of Code of Ordinances, City of Laredo: Authorizing the establishment of parking rates, enforcement regulations, and hours of operation at the Riverfront Parking Lot located on Pedregal Road; and authorizing the establishment of enforcement regulations for the Bridge I parking lot, providing for effective date and publication.

INTRODUCTION OF AN ORDINANCE

Amending Chapter 19, Motor Vehicle and Traffic, Article VIII, Stopping, Standing or Parking, Section 19-361, Secured Controlled Access Parking Lots and Section 19-362, Parking Lot Rates and Hours of Operation, of Code of Ordinances, City of Laredo: Authorizing the establishment of parking rates, enforcement regulations, and hours of operation at the Riverfront Parking Lot located on Pedregal Road; and authorizing the establishment of enforcement regulations for the Bridge I parking lot, providing for effective date and publication.

Motion to open the public hearing.

Moved: Cm. Bruni

Second: Cm. Galo

For: 8 Against: 0 Abstain: 0

There was no public input.

Motion to close the public hearing and introduce.

Moved: Cm. Bruni

Second: Cm. Galo

For: 8 Against: 0 Abstain: 0

Ordinance Introduction: City Council

4. Public hearing authorizing the City Manager to execute the contract with the Texas

Department of Health in the amount of $208,140.00 in additional funds for the HIV/AIDS Ryan White Title II Project of the City of Laredo Health Department and extend the contract period from April 1, 2001, through August 31, 2001, to April 1, 2001, through March 31, 2002; and amending the City of Laredo FY2000-2001 Budget by 1/2 of the budget amount.

INTRODUCTION OF AN ORDINANCE

Authorizing the City Manager to execute the contract with the Texas Department of Health in the amount of $208,140.00 in additional funds for the HIV/AIDS Ryan White Title II Project of the City of Laredo Health Department and extend the contract period from April 1, 2001, through August 31, 2001, to April 1, 2001, through March 31, 2002; and amending the City of Laredo FY2000-2001 Budget by 1/2 of the budget amount.

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. Bruni

For: 8 Against: 0 Abstain: 0

Ordinance Introduction: City Council

5. Public hearing amending the City of Laredo FY 2000-2001 budget in the amount of

$500,000.00 by allocating funds from the surplus fund balance to further the activities and scope of work of the Women, Infants and Children's Program of the City of Laredo Health funded by the Texas Department of Health for the period beginning October 1, 2000, through September 30, 2001.

INTRODUCTION OF AN ORDINANCE

Amending the City of Laredo FY 2000-2001 budget in the amount of $500,000.00 by allocating funds from the surplus fund balance to further the activities and scope of work of the Women, Infants and Children's Program of the City of Laredo Health funded by the Texas Department of Health for the period beginning October 1, 2000, through September 30, 2001.

Motion to open the public hearing.

Moved: Cm. Galo

Second: Cm. Bruni

For: 8 Against: 0 Abstain: 0

There was no public input.

Motion to close the public hearing and introduce.

Moved: Cm. Guerra

Second: Cm. Bruni

For: 8 Against: 0 Abstain: 0

Ordinance Introduction: City Council

6. Public hearing authorizing the City Manager to accept and execute all documentation for

grants from the Texas Department of Health in the amount of $1,088,298.00 in direct funds and $188,976.00 in program income for seven grants as described below for the City of Laredo Health Department for the period beginning September 1, 2001, through August 31, 2002; and amending the City of Laredo FY 2000-2001 budget in the amount of $1,277,274.00.

INTRODUCTION OF AN ORDINANCE

Authorizing the City Manager to accept and execute all documentation for grants from the Texas Department of Health in the amount of $1,088,298.00 in direct funds and $188,976.00 in program income for seven grants as described below for the City of Laredo Health Department for the period beginning September 1, 2001, through August 31, 2002; and amending the City of Laredo FY 2000-2001 budget in the amount of $1,277,274.00.

Motion to open the public hearing.

Moved: Cm. Galo

Second: Cm. Guerra

For: 8 Against: 0 Abstain: 0

There was no public input.

Motion to close the public hearing and introduce.

Moved: Mayor Pro Tem E. Valdez, Jr.

Second: Cm. Galo

For: 8 Against: 0 Abstain: 0

Ordinance Introduction: City Council

7. Public hearing amending the City of Laredo's 2000-2001 annual budget in the amount of

$95,000.00 to adjust the City match for the Governor's Automobile Theft Prevention Authority Program. The City of Laredo requested that A.T.P.A. consider reducing the cash match for grant number (SA-1-T01-09358) this fiscal year. Funding will be used to pay for operative expenditures within the Laredo Police Department in General Fund.

INTRODUCTION OF AN ORDINANCE

Amending the City of Laredo's 2000-2001 annual budget in the amount of $95,000.00 to adjust the City match for the Governor's Automobile Theft Prevention Authority Program. The City of Laredo requested that A.T.P.A. consider reducing the cash match for grant number (SA-1-T01-09358) this fiscal year. Funding will be used to pay for operative expenditures within the Laredo Police Department in General Fund.

Motion to open the public hearing.

Moved: Cm. Galo

Second: Cm. Bruni

For: 8 Against: 0 Abstain: 0

There was no public input.

Motion to close the public hearing and introduce.

Moved: Cm. Bruni

Second: Cm. J. Valdez, Jr.

For: 8 Against: 0 Abstain: 0

Ordinance Introduction: City Council

8. Public hearing amending the City of Laredo's 2000-2001 Annual Budget in the amount

of $490,069.00 for the Governor's Automobile Theft Prevention Authority Grant. A.T.P.A. is contributing $390,714.00, the City is designating $54,355.00 in matching funds, and Webb County is designating $45,000.00 in matching funds for a total of $490,069.00 to fund the Laredo Auto Theft Task Force for the period of September 1, 2001 through August 31, 2002. (Approval of Resolution 2001-R-083 is needed before Public Hearing Item No. 30)

INTRODUCTION OF AN ORDINANCE

Amending the City of Laredo's 2000-2001 Annual Budget in the amount of $490,069.00 for the Governor's Automobile Theft Prevention Authority Grant. A.T.P.A. is contributing $390,714.00, the City is designating $54,355.00 in matching funds, and Webb County is designating $45,000.00 in matching funds for a total of $490,069.00 to fund the Laredo Auto Theft Task Force for the period of September 1, 2001 through August 31, 2002.

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. Bruni

Second: Cm. Guerra

For: 8 Against: 0 Abstain: 0

Ordinance Introduction: City Council

9. Public hearing authorizing the granting to Jerry Resendez Enterprises, Inc., a Texas

Corporation, a non-exclusive franchise to construct, maintain and operate a commercial container refuse gathering and disposing services in the City of Laredo, Texas and providing the terms, conditions, obligations, and limitations upon and under which franchise shall be exercised; providing indemnity to the City; City retains authority to regulate rates except for rate increase resulting from increased landfill fee which are passed on to the customer; providing for increased services rates; providing for franchise payments; and providing for severability.

INTRODUCTION OF AN ORDINANCE

Authorizing the granting to Jerry Resendez Enterprises, Inc., a Texas Corporation, a non-exclusive franchise to construct, maintain and operate a commercial container refuse gathering and disposing services in the City of Laredo, Texas and providing the terms, conditions, obligations, and limitations upon and under which franchise shall be exercised; providing indemnity to the City; City retains authority to regulate rates except for rate increase resulting from increased landfill fee which are passed on to the customer; providing for increased services rates; providing for franchise payments; and providing for severability.

Motion to open the public hearing.

Moved: Cm. Bruni

Second: Cm. Guerra

For: 8 Against: 0 Abstain: 0

Jerry Resendez asked City Council for approval of the franchise.

Cm. Guerra submitted a list of conditions which the corporation must comply with:

If the business is a corporation, attach:

1. Corporate Charter;

2. Certificate of Good Standing;

3. List of Directors with their residence and business addresses and telephone numbers;

4. List of all Stockholders with their percentages of ownership, their residence and

business addresses and telephone numbers;

5. Corporate Financial Statement along with primary bank and bank officer reference.

If the business is a corporation, please name all parent or affiliated corporations or

companies of Applicant.

Please state source of financing of this operation.

List five credit references.

Please state Applicant’s business history including experience of Applicant in this area.

Please state who will operate company and experience of this individual(s) in this area.

What kind of insurance do you/will you carry?

Is Applicant prepared to furnish an umbrella policy to the City of Laredo in an amount of at least $1,000,000.00?

Are there any pending, threatened, legal, governmental, or environmental actions pending against Applicant, any of its officers, directors, shareholders, or partners?

If so, please provide detailed information concerning such proceeding.

Is Applicant, any officer, director, shareholder, or partner part of any past or current investigation or proceedings involving the Internal Revenue Service, Department of Labor, Wage and Hour, U. S. Immigration, U. S. Border Patrol, or U. S. Customs?

If so, please provide detailed information concerning such proceeding.

From where will operations be conducted?

What kind of facility is it? Is lot paved? What size is the facility?

What kind of equipment will be furnished?

How many employees do you expect to have in succeeding 12 months?

To what extent will service be provided. If selected areas, please identify these areas.

private ________ city-wide ________

public ________ selected areas ________

What are proposed hours of operations?

Why do you feel that the services you will provide are needed?

Marcel Notzon, III, attorney for Southern Sanitation, stated that his client is only interested in having a level playing field. He wants to ensure that all companies comply with the same conditions that his client was required to adhere to.

Ray Rodriguez, attorney for Jerry Resendez Enterprises, Inc., stated that they agreed to mirror the ordinance, the service rates, and insurance rates in compliance with city regulations.

Motion to close the public hearing and introduce.

Moved: Cm. Bruni

Second: Cm. Galo

For: 8 Against: 0 Abstain: 0

Ordinance Introduction: City Council

10. Public hearing repealing Ordinance 99-O-85 and amending Chapter 7-1 of the Code of

Ordinances of the City of Laredo by adopting the 2000 Edition of the International Building Code, amending Section 7-4 adopted, by adopting the 2000 Edition of the International Mechanical Code, and amending Section 7-7 Dwelling Code by adopting the International Residential Code for One and Two Family Dwellings (2000 Ed.); providing for the issuance of permits, and collection of fees, and repealing all ordinances and/or parts of ordinances in conflict therewith; providing for publication and effective date.

INTRODUCTION OF AN ORDINANCE

Repealing Ordinance 99-O-85 and amending Chapter 7-1 of the Code of Ordinances of the City of Laredo by adopting the 2000 Edition of the International Building Code, amending Section 7-4 adopted, by adopting the 2000 Edition of the International Mechanical Code, and amending Section 7-7 Dwelling Code by adopting the International Residential Code for One and Two Family Dwellings (2000 Ed.); providing for the issuance of permits, and collection of fees, and repealing all ordinances and/or parts of ordinances in conflict therewith; providing for publication and effective date.

Motion to open the public hearing.

Moved: Cm. Galo

Second: Cm. Bruni

For: 8 Against: 0 Abstain: 0

There was no public input.

Motion to close the public hearing and introduce.

Moved: Cm. Galo

Second: Cm. Amaya

For: 8 Against: 0 Abstain: 0

Ordinance Introduction: City Council

11. Public hearing amending Section 24.63.2, Permitted Land Uses; and Appendix A,

Definitions, of the Laredo Land Development Code to allow the location of an International Bridge Facility on B-4 (Highway Commercial District), M-1 (Light Manufacturing District), and M-2 (Heavy Manufacturing District) Zoning Districts. The Planning and Zoning Commission has recommended approval of the proposed ordinance amendment.

INTRODUCTION OF AN ORDINANCE

Amending Section 24.63.2, Permitted Land Uses; and Appendix A, Definitions, of the Laredo Land Development Code to allow the location of an International Bridge Facility on B-4 (Highway Commercial District), M-1 (Light Manufacturing District), and M-2 (Heavy Manufacturing District) Zoning Districts. The Planning and Zoning Commission has recommended approval of the proposed ordinance amendment.

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. Amaya

For: 8 Against: 0 Abstain: 0

Ordinance Introduction: City Council

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

rezoning Blocks 56, 67, and 68, Eastern Division and those portions of Cedar Ave., Piedra China St., and Logan Ave., which were previous public right-of-ways, located at 301 Logan Ave., from M-1 (Light Manufacturing District) to M-2 (Heavy Manufacturing District). The Planning and Zoning Commission has recommended denial of the proposed zone change.

INTRODUCTION OF AN ORDINANCE

Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Blocks 56, 67, and 68, Eastern Division and those portions of Cedar Ave., Piedra China St., and Logan Ave., which were previous public right-of-ways, located at 301 Logan Ave., from M-1 (Light Manufacturing District) to M-2 (Heavy Manufacturing 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

Cm. Galo mentioned that he had a problem with the actual site as well as the street paving not being up to code requirements. He stated that he would be in favor of granting a conditional use permit if they would comply with the code requirements.

There was no public input.

Motion to close the public hearing and postpone for next week’s council meeting.

Moved: Cm. Galo

Second: Cm. Bruni

For: 8 Against: 0 Abstain: 0

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

rezoning Blocks 14, 46, and 75, Eastern Division and those portions of Willow St. and Cedar Ave. which were previous public right-of-ways, located at 420 Logan Ave., from M-1 (Light Manufacturing District) to M-2 (Heavy Manufacturing District). The Planning and Zoning Commission has recommended denial of the proposed zone change.

INTRODUCTION OF AN ORDINANCE

Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Blocks 14, 46, and 75, Eastern Division and those portions of Willow St. and Cedar Ave. which were previous public right-of-ways, located at 420 Logan Ave., from M-1 (Light Manufacturing District) to M-2 (Heavy Manufacturing 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

There was no public input.

Motion to close the public hearing and postpone for next week’s council meeting.

Moved: Cm. Galo

Second: Cm. Bruni

For: 8 Against: Abstain: 0

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

rezoning Lot 4 and the north 19.78 ft. of Lot 5, Block 815, Eastern Division, located at 605 N. Seymour Ave., from R-3 (Mixed Residential District) to B-4 (Highway Commercial District). The Planning and Zoning Commission has recommended denial of the proposed zone change and approval of a Conditional Use Permit for a single-family residence and a mechanic shop.

INTRODUCTION OF AN ORDINANCE

Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lot 4 and the north 19.78 ft. of Lot 5, Block 815, Eastern Division, located at 605 N. Seymour Ave., from R-3 (Mixed Residential District) to B-4 (Highway Commercial District); providing for publication and effective date.

Motion to open the public hearing.

Moved: Cm. Galo

Second: Cm. Bruni

For: 8 Against: 0 Abstain: 0

There was no public input.

Motion to close the public hearing and introduce as a conditional use permit for the operation of the mechanic shop as long as owner complies with all city codes and ordinances.

Moved: Cm. Galo

Second: Cm. Bruni

For: 8 Against: 0 Abstain: 0

Ordinance Introduction: Cm. Galo

15. Public hearing amending the City of Laredo's 2000-2001 Annual Budget to reflect an

appropriation in Transportation Planning Funds. The appropriation of $21,589.00 comes from the release of 1999-2000 Unified Planning Work Program (UPWP) Unexpended Funds.

INTRODUCTION OF AN ORDINANCE

Amending the City of Laredo's 2000-2001 Annual Budget to reflect an appropriation in Transportation Planning Funds. The appropriation of $21,589.00 comes from the release of 1999-2000 Unified Planning Work Program (UPWP) Unexpended Funds.

Motion to open the public hearing.

Moved: Cm. Galo

Second: Cm. Bruni

For: 8 Against: 0 Abstain: 0

There was no public input.

Motion to close the public hearing and introduce.

Moved: Cm. Galo

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

Ordinance Introduction: City Council

16. Public hearing amending the City of Laredo's FY 2001 Annual Budget in the 2000A

Certificate of Obligation Fund by appropriating current available interest earnings in the amount of $325,000.00 and appropriating expenditures in the amount of $325,000.00 for the Bartlett Street Extension Project from Hillside to Gale Street, and authorizing the City Manager to implement said budget.

INTRODUCTION OF AN ORDINANCE

Amending the City of Laredo's FY 2001 Annual Budget in the 2000A Certificate of Obligation Fund by appropriating current available interest earnings in the amount of $325,000.00 and appropriating expenditures in the amount of $325,000.00 for the Bartlett Street Extension Project from Hillside to Gale Street, and authorizing the City Manager to implement said budget.

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 public hearing and introduce.

Moved: Cm. Bruni

Second: Cm. Amaya

For: 8 Against: 0 Abstain: 0

Ordinance Introduction: City Council

VIII. GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS

17. A. Requ