CITY OF LAREDO

CITY COUNCIL MEETING

M2001-R-26

CITY COUNCIL CHAMBERS

1110 HOUSTON STREET

LAREDO, TEXAS 78040

OCTOBER 15, 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 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

Joe A. Guerra, 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

Jaime Flores, City Attorney

IV. MINUTES

Approval of the minutes of August 6, 15, 16, 17 and 27.

Motion to approve.

Moved: Cm. Amaya

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

V. COMMUNICATIONS AND RECOGNITIONS

Announcements

Cm. Ramirez reminded City Council of the Paseo del Rio event to be held Saturday, October 20, 2001, by the riverbanks. He invited everyone in the audience to attend.

Cm. E. Valdez, Jr., thanked the Community Development Department and the Code Enforcement staff for their cleanup efforts and removal of graffiti in District V.

Cm. Galo mentioned that he attended workshops held with employees in regards to the privatization proposition. He stated that the employees were provided information and answers in connection with this project. Both companies provided very good benefits packages and are receptive to meeting the City’s standard on short-term disability and serious illness benefits.

Cm. Bruni submitted the Southwest Texas Rain Enhancement Association Report to City Council for Flights # 89 and # 90 conducted on October 5, 2001, and Recon. Flight # 20 conducted on October 5. The complete reports are available at the City Secretary’s Office for review.

Cm. Agredano reported that a ribbon-cutting ceremony was held last Saturday at Cielito Lindo sponsored by the AmericaVista and KB Homes groups. He mentioned that AmericaVista and KB Homes have agreed to grant $10,000.00 in scholarship monies for the new L. B. Johnson High School in South Laredo. Dr. Ramon Dovalina also committed to donate $5,000.00 toward scholarships and City Council District I will grant a $2,000.00 donation from the Council Member’s Scholarship Fund. Cm. Agredano also mentioned that there would be a ribbon-cutting ceremony for the Meadow Bridge on Friday, October 19, 2001.

The City of Laredo and the Rio Grande International Study Center invite all residents of Laredo to participate in Dia del Rio on Saturday, October 20, 2001, from 8:00 to a.m. to 1:00 p.m. For more information please contact Jessica Hein at 791-7303. Hundreds of volunteers will be seen constructing a nature trail by the river beginning at Bridge II and continuing through to Zacate Creek. All residents of Laredo are invited to join our environmentally educational efforts to bring focus to our most important natural resource - the Rio Grande River. Jessica Hein, Administrative Assistant for the City Manager, reported that the City has confirmation of approximately 500 volunteers from Laredo Community College students, Texas A & M International University students, and Girl Scout Brownie troops who will volunteer their time at this very important event.

Larry Dovalina, City Manager, stated that in the past, the LCC Environmental Center has been responsible for El Dia del Rio activities. This year, the City of Laredo did not want to take a backseat role in this event. What will be happening this year is that there are two parts to this event: there is a Dia del Rio supported by the City of Laredo taking place along with the annual Dia del Rio event.

Recognitions

a. Financial Services Department for the Certificate of Achievement for Excellence in

Financial Reporting from the Government Finance Officers Association.

Mayor Flores and the City Council publicly recognized all the members of the Finance Department for its comprehensive annual financial report. This honor is the highest form of recognition in the area of governmental accounting and financial reporting.

b. L.I.S.D Campus Crime Stoppers Program, which won six (6) international awards.

These six awards include 1st place for most arrests, 1st place for best public service announcement, 1st place for most cleared cases, 2nd place for most drugs recovered, 2nd place for most stolen goods recovered, and the most improved award for most stolen goods recovered. Other countries that participated in this event include United Kingdom, Australia, Canada, and others. This competition was held in Pueblo, Colorado in September, 2001.

Mayor Flores and the City Council recognized the school district’s efforts to reduce criminal activity in their schools.

Communiqués

None.

VI. APPOINTMENTS TO COMMISSION, BOARDS AND COMMITTEES

A. Appointment by Mayor Elizabeth G. Flores of Consuelo Montalvo to the

Vehicles for Hire Ad Hoc Committee.

Motion to approve.

Moved: Cm. Galo

Second: Cm. Guerra

For: 8 Against: 0 Abstain: 0

B. Appointment by Council Member Louis H. Bruni of Sylvia Garza to the

Vehicles for Hire Ad Hoc Committee.

Motion to approve.

Moved: Cm. Galo

Second: Cm. Amaya

For: 8 Against: 0 Abstain: 0

VII. PUBLIC HEARINGS

1. Public hearing and introductory ordinance amending the City of Laredo FY 2001-2002

Airport Budget to recognize additional revenues from a grant received from the Federal Aviation Administration being grant project no 3-48-0136-32-01 in the amount of $3,500,000.00 for the purpose of constructing a portion of an air cargo apron at 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.

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. Agredano

For: 8 Against: 0 Abstain: 0

Ordinance Introduction: Cm. Bruni

2. Public hearing and introductory ordinance amending the City of Laredo FY 2001-2002

Airport Budget to recognize additional revenues from a grant received from the Federal Aviation Administration being grant project no. 3-48-0136-31-01 in the amount of $2,000,000.00 for the purpose of constructing a service road along the inside perimeter 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.

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. Bruni

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

Ordinance Introduction: Cm. Bruni

3. Public hearing and introductory ordinance amending the City of Laredo FY 2001-2002

Airport Budget to recognize additional revenues from a grant agreement CSJ Number M222LREDO with the Texas Department of Transportation under the Routine Airport Maintenance Program in the amount of $30,000.00 for the purpose of airport maintenance at the Laredo International Airport. The City's fifty (50%) percent local match for this project in the amount of $30,000.00 is available in the Airport Land Sale Proceeds Restricted Fund.

Motion to open the public hearing.

Moved: Cm. Galo

Second: Mayor Pro Tem E. Valdez, Jr.

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: Cm. Bruni

VIII. GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS

4. A. Request by Council Member Louis H. Bruni

1. Status report on Interlocal Agreement between the City of Laredo and County of Webb

to provide Fire Protection and EMS Services, with possible action.

Luis Sosa, Fire Chief, reported that the agreement is presently at the County and it has been approved by the County.

Cm. Bruni wanted confirmation from Fire Chief Sosa that the Webb County Commissioners Court did in fact approve the contract at $450,000.00 per year for a period of two years. He suggested that the agreement be taken up for brief discussion before the Metro Government Committee. He extended an invitation to Comm. Mike Urdiales and Comm. Judith Gutierrez to attend a discussion of the issue at a meeting of the Metro Government Committee and then bring a recommendation back to City Council.

Larry Dovalina stated that the reason the City has stayed with the same figure is because there has been some increased annexation throughout the city.

Cm. Galo wanted to know at what point was the decision made to accept the $450,000.00 figure before it was submitted to Webb County.

Fire Chief Sosa stated that his department submitted a figure of $450,000.00 following a cost analysis.

Cm. Bruni emphasized that it was during the budget hearings that his department put this $450,000.00 figure in their budget. He stated that the matter did not go before City Council for approval of that figure. He would like to have a meeting with the Metro Government Committee to discuss this further and get into the numbers. He wants to make sure the city has adequate EMS and fire protection for its citizens.

Mayor Flores asked Fire Chief Sosa to bring this up before the Metro Government Committee to explain how he arrived at those numbers.

2. Status report on the street lighting at the intersection of McPherson and Jacaman, with

possible action.

Roberto Murillo, Traffic Director, reported that the lighting was activated on Friday. He stated that the 27,500 lumens on these lights provide adequate lighting.

3. Status report on Eastwoods Park, with possible action.

Horacio De Leon, Parks Director, reported that the scope of the park design includes a Little League field, a soccer fields, basketball courts, multi-purpose slab, jogging trails, playground equipment. The conceptual design has been completed and the final design is due in mid-November. The construction award should be made some time in January, 2002. Projected completion date for the park is April, 2002.

4. Status report on the lack of water and wastewater services at the intersection of Highway

359 and Loop 20.

Larry Dovalina, City Manager, reported that this area, along with the areas of Casa Verde and Milmo, are all being looked into for connection of adequate water and sewer services. He stated that the City is bringing them all together as one project. The reason the City is now dealing with the matter is because the developer of this particular plat did not include the necessary improvements as part of the plat.

Cm. Bruni submitted for the record a survey plat of Lot Five (5) of El Rancho Subdivision, Section Two (2).

B. Request by Council Member John C. Galo

1. Discussion with possible action regarding the Cemetery operations, including the fee

structure.

Mr. Jesus Cantu mentioned that Comm. Dewhurst, Texas Land Commissioner, was in Laredo on Tuesday briefing the public over Proposition 7 for the November General Election. Proposition 7 deals with state-funded of cemeteries. Should this proposition pass, the Land Commissioner will be allowed to fund seven cemeteries throughout the State of Texas. He encourages all the voters to cast their vote in favor of Proposition 7.

Horacio De Leon, Parks and Recreation Director, reported that the City has been in the cemetery business prior to the 1800s. He stated that the City Council established an ordinance back in 1892 to create the current cemetery site. This land was later subdivided to provide a site for Catholic burials. In regards to the fee and authority, Ordinance 96-O-164 established the legal authority and the $50.00 fee for the plot and $50.00 for the grave services were the fees being charged historically. The same fees continued up until 1996. Recently, the fee schedules underwent critical review when he took over the department. He noticed that the City was subsidizing the operations by $189,000.00 annually. He looked at the fee structure and decided to increase the fees based on the current market value of the cemetery plots. He further mentioned that he is recommending a fee structure that is compatible to the services being provided.

C. Request by Council Member Johnny Amaya

1. Status report on traffic light malfunctions at the corners of Seymour and Clark and

Meadow and Clark, with possible action.

Roberto Murillo, Traffic Director, reported that both intersections are controlled by one controller. He stated that the department has a program to replace all the dated equipment which is of the electromechanical type. They have already replaced said controller with a temporary one at the above-mentioned locations. Once his department receives the new controllers, he will have one installed at this location.

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

1. Discussion with possible action regarding a graffiti clean-up campaign in District VII.

Erasmo Villarreal, Community Development Director, reported that his department would be working with Cm. Valdez to identify two or three sites within his district. They will be working out the details in order to plan a day for graffiti removal and litter abatement using a group of volunteers. He will also be providing a cost breakdown for the materials that will be used.

2. Discussion with possible action to designate drug-free zones throughout the city.

Mr. Jesus “Toro” Martinez, Program Director for the Webb County Community Coalition, spoke before City Council. He stated that he is asking for City Council to support the coalition’s efforts to maintain the areas designated as drug-free zones and its continued struggle to enforce curfews.

Esther Firova, on behalf of Parents Against Drug and Substance Abuse, stated that they have a common concern regarding the curfew. Besides having the adolescents be accountable for their actions, she would like to make a suggestion that the city address the late night parties in the neighborhoods that place the community as a whole at risk. She stated that this would be a continuation of the parents’ commitment to zero tolerance of drugs in the community.

Police Chief Agustin Dovalina reported that they would be recommending a list of sites that the department would like to designate as drug-free zones and weapons-free zones. He mentioned that the department would be scheduling a series of meetings with the Parks Task Force along with the Parks Director and all the entities associated with them. There will also be a meeting with the Juvenile Enforcement Team from the police department along with School Resource Officers to obtain more information on where these sites should be designated.

E. Request by Council Member Juan Ramirez

1. Discussion and public input regarding naming the area below La Azteca neighborhood

between Bridge II and Zacate Creek and considering "Las Palmas Park" as the proposed name, with possible action.

Erasmo Villarreal, Community Development Director, stated that this particular area, there was a dedication of land by the Leyendecker Family and the request on the dedication was that the area be named after Justo Penn.

Larry Dovalina, City Manager, stated that should there be a particular obligation to a tract of land that it should be developed as a module of the larger park. The larger park should carry the global name with modules within that park.

Motion to designate that a portion of Las Palmas Park be named Justo Penn Park.

Moved: Cm. Ramirez

Second: Cm. J. Valdez, Jr.

For: 8 Against: 0 Abstain: 0

2. Discussion with possible action regarding the parking lot north of Los Dos Laredos Park

and the police substation proposed to be located at Bridge I.

Roberto Murillo, Traffic Director, reported that in regards to the parking lot, the department has already incorporated several improvements there. The department had assistance from the Public Works Department in resurfacing the parking lot, new parking lines have been painted in, and a fence has also been added. They are in the process of buying temporary equipment in order to be able to charge fees for use of the parking lot. They are also working closely with Frank Architects who will be working on the design for the entire area. He stated that the equipment should be installed by late November.

Police Chief Agustin Dovalina reported that back in June, the department presented a proposal before City Council regarding a new police substation. He stated that the proposed site is currently being used as a parking facility. At this particular meeting, it was suggested that monies would be generated through the Council Members’ discretionary funds to fund the construction of a new police workstation. He mentioned that they did inspect the gray building that Cm. Ramirez was considering but felt that the building would not be able to house the necessary police officers there. He added that at that particular location, the parking availability would be a problem. Also, they were waiting to find out whether the suggestion for funding made back in June was going to go through.

Cm. Ramirez made a motion that Police Chief Dovalina work on a proposal on the costs involved to add another police substation in the downtown area.

Motion was made, there was no second; motion dies for a lack of a second.

Chief Dovalina provided a copy of the proposal made back in June which includes a cost estimate for furniture, utilities, etc.

Larry Dovalina, City Manager, stated that the City should be cautious regarding any investment made in this particular area since it is scheduled to be demolished in March or April of next year.

Mayor Flores suggested that Cm. Ramirez be provided his information so that City Council can revisit this matter.

3. Discussion with possible action to create more parking for persons with disabilities

around San Agustin Plaza and in the downtown area.

Larry Dovalina, City Manager, reported that the parking lot north of San Agustin Church belongs to the church and any adjustments that are necessary could easily be made to the parking lot by the church. Regarding the issue of lack of parking around San Agustin Plaza, City Council has allowed the taxicab companies to take over the majority of parking spaces. Maybe the taxicab companies could lease some property so that they are not occupying the spaces necessary for the general public.

Mayor Flores suggested that this matter be turned over to the Transportation Committee for review and possible recommendations for handicapped parking spaces.

Roberto Murillo, Traffic Director, provided some information on the designation of handicapped parking spaces. He mentioned a concern with the Legal Department that a handicapped parking space requires more space than a regular parking stall. The department is no longer designating handicapped parking on the street. He is encouraging people to utilize the spaces available at no charge in the parking lots.

4. Discussion with possible action regarding opening the City's landfill on one Sunday per

month beginning in October.

Oscar Medina, Public Works Assistant Director, reported that approximately one year ago the City decided to close the landfill. This decision was made based on the cost incurred by the City: the average tipping fee that was coming in was $682.00; the cost of operation for a Sunday was $3,800.00 for personnel only. The department also discovered that in order to operate efficiently, they would need seven additional employees or close operations on Sundays. He mentioned that if the City decided to open one Sunday per month, the financial impact would be $46,000.00 a year not including fuel, power, and wear and tear on the equipment.

Motion to open the landfill beginning with the last Sunday in October and to have the landfill open on the last Sunday of every month on a trial basis for three months.

Moved: Cm. Ramirez

Second: Cm. J. Valdez, Jr.

For: 8 Against: 0 Abstain: 0

IX. INTRODUCTORY ORDINANCES

5. Authorizing the City Manager to execute a budget amendment to appropriate all funds

associated with the Texas Department of Transportation State Project Contract No. 511226041 as follows: State Funds in the amount of $1,054,000; transit sales tax local match of $40,000; and state toll credits of $223,500 for a total of $1,317,500; and providing for grant funds to be deposited in the City of Laredo Transit Fund Accounts.

Ordinance Introduction: City Council

6. Introduction of an ordinance accepting and adopting the City of Laredo's Write-off

Policy for Accounts Receivable as presented to the Audit Committee on September 17, 2001.

Ordinance Introduction: City Council

X. FINAL READINGS OF ORDINANCES

Internet availability: //www.ci.laredo.tx.us

Motion to waive the final readings of Ordinance # 2001-O-229, # 2001-O-230, # 2001-O-231, # 2001- O-232, # 2001-O-233, # 2001-O-234, # 2001-O-235, # 2001-O-236, # 2001-O-237, # 2001-O-238, # 2001-O-239, # 2001-O-240, # 2001-O-241, # 2001-O-242, # 2001-O-243, and # 2001-O-244.

Moved: Cm. Bruni

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

7. 2001-O-229 Authorizing the Municipality to establish the fair market value of thirty

(30) –O-City owned lots located within the Three Points Subdivision and

specifically identified as Lots 1,2,3,4,5,6,7,8,9,10,11,12,13,14,15,16, of Block 1781-A; and Lots 1,2,3,4A, 5A, 6A, 9A, 10A, 11A, 12, 13, 14, 15, 16, of Block 1780-A, Eastern Division, Laredo, Webb County, Texas as per Exhibit "A" delineated on attached copy of City Plat; and authorizing the City Manager to execute all necessary documents to effectively convey these said lots to the Laredo Affordable Housing Corporation in support of the Three Points Affordable Housing Corporation-First time Homebuyer Project, and providing for an effective date. The City will incorporate a deed restriction in the form of a second lien forgivable loan to guarantee the affordability of the units.

Motion to adopt Ordinance # 2001-O-229.

Moved: Cm. Bruni

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

2001-O-230 Amending Subsection (b), "Amounts", Section 8-23, "Same Fees Charged",

Article II. "Cemetery Manager", Chapter 8, "Cemeteries", of the Code of Ordinances of the City of Laredo thereby increasing and adding cemetery fees; providing for severability and an effective date. (As Amended)

Motion to adopt Ordinance # 2001-O-230.

Moved: Cm. Bruni

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

2001-O-231 An ordinance amending Chapter 19, "Motor Vehicles and Traffic", Article

VIII; "Stopping Standing or Parking," of the Code of Ordinances of the

City of Laredo specifically Section 19-364 titled "Restricted Parking

Areas"; thereby adding a subsection 19-364(3) to the code which

establishes a no parking anytime/tow away zone on U.S. 83 (Zapata

Highway) between Zacatecas Street and the southern city limits of Laredo;

providing severability and providing for an effective date and publication.

Motion to adopt Ordinance # 2001-O-231.

Moved: Cm. Bruni

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

2001-O-232 Amending the City of Laredo FY 2000-2001 annual budget in the amount

of $613,344.63 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 adopt Ordinance # 2001-O-232.

Moved: Cm. Bruni

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

2001-O-233 Amending the City of Laredo fiscal year 2001-2002 Annual Budgets for the

Fire Training Facility Fund and Police Trust Fund in the amount of $700,000 to partially fund the contract with Marshall Company of Corpus Christi, Texas for the Fire Fighting/Law Enforcement Training Facility.

Motion to adopt Ordinance # 2001-O-233.

Moved: Cm. Bruni

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

2001-O-234 Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning

3.20 acres, as further described by metes and bounds on attached Exhibit

"A", located S. of Del Mar Blvd. and E. of Laguna Del Mar Ct., from R-2

(Multi-Family Residential District) to B-3 (Community Business District);

providing for publication and effective date.

Motion to adopt Ordinance # 2001-O-234.

Moved: Cm. Bruni

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

2001-O-235 Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning

the M 1/3 of the W 1/2 of Lot 3 and M 1/3 of Lots 1 & 2, Block 500, Western Division, located at 1611 San Ignacio Ave., from M-1 (Light Manufacturing District) to R-3 (Mixed Residential District); providing for publication and effective date.

Motion to adopt Ordinance # 2001-O-235.

Moved: Cm. Bruni

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

2001-O-236 Authorizing the issuance of a Special Use Permit to Michael Petroleum for

oil and/or gas extraction on 5.00 acres, as further described by metes and bounds on attached Exhibit "A", located south of Concord Hills Subdivision and east of Los Presidentes Subdivision, known as E.G. Ranch No. 1 Gas Well; providing for publication and effective date.