CITY OF LAREDO

CITY OF LAREDO

CITY COUNCIL MEETING

M2002-R-07

CITY COUNCIL CHAMBERS

1110 HOUSTON STREET

LAREDO, TEXAS 78040

APRIL 1, 2002

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

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., Mayor Pro Tempore, District V

Joe 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

Cynthia Collazo, Assistant City Manager

Jaime Flores, City Attorney

IV. MINUTES

None.

V. COMMUNICATIONS AND RECOGNITIONS

Announcements

Mayor Flores read a proclamation designating the week of April 1 to April 6 as Public Health Week in Laredo, Texas.

Invitations

Cm. Ramirez invited the public to attend the San Francisco Xavier Road Improvements Project Groundbreaking Ceremony at Piedregal St. along Riverbank, under the railroad bridge on Tuesday, April 02, 2002, at 3 p.m.

Recognitions

a. Recognition of Firefighter Robert Tovar for his quick response in extinguishing a

vehicle on fire while off-duty.

Mayor Flores and City Council presented Robert Tovar with a Seven Flags Certificate of Recognition in proof of his character, conduct and devotion as a Laredo Firefighter through his actions. She emphasized that he and his department would be noted as outstanding public servants.

Chief Sosa explained that Firefighter Robert Tovar extinguished a fire that ignited when an individual was putting gas into a small tank at a convenience store.

Communiqués

Cm. Bruni submitted the South Texas Rain Enhancement reports to be on file at the City Secretary's Office.

Cm. Galo voiced his satisfaction with the construction of the new Fire Training Facility that is on Mines Road.

Mayor Flores announced that a Border Advisory Committee was named by the Texas Transportation Commission to serve on the Border Trade Advisory Committee. The Committee will identify and make recommendations on mobility needs along the border as a result of growing international trade. She mentioned individuals that will serve on the Committee, including Richard Valls from Laredo.

Mayor Flores read the following article:

"Cross-border trucking comes seven years late with ironic twist.

Better nearly seven years late than never. Two months from today, the U. S. Transportation Department will wrap up a three-day cross-border trucking conference.

Sixteen days ago, the Transportation Department issued rules for review and preparation before its San Antonio Conference, which will be held at the Westin Riverwalk Hotel, staged with the help of the Free Trade Alliance San Antonio. Transportation Secretary Norman Mineta will be a key note speaker.

The alliance already is working with four Mexican long-haul trucking lines interested in starting U. S. deliveries. Some are interested in establishing trucking terminals in San Antonio and this week visited possible sites at Kelly USA industrial park.

All are seeking help from the Free Trade Alliance in getting managerial training and assistance in the permit process, although two carriers will delay paperwork until the border actually opens.

The rules for Mexican trucks making U. S. deliveries definitely are stricter for the

U. S. trucks, technically that violates NAFTA's "national treatment" condition, which states that regulations should remain the same for all trucks in each country. But Mexico is not expected to challenge the new U. S. rules.

Mexican carriers will be required to test all drivers for drugs and alcohol. Mexican carriers drivers must comply with 10-hours-per-day driving limits. The carriers will be inspected for data and safety management systems and insurance, and will undergo a safety audit.

Mexican carriers also will get their own U. S. Transportation Department number and will be required to cross only at border stations equipped with inspection stations and weight scales.

Meanwhile, the U. S. government will spend tens of millions of dollars installing scales, building stations and training 274 new truck inspectors.

It's a classic case of overkill. There has never been an army of decrepit, dangerous Mexican trucks idling at the border, waiting to invade U. S. highways.

Cross-border traffic will be only a trickle in the first months. Some Mexican carriers will go only as far as San Antonio.

The biggest problem Mexican carriers face is the English language requirement for its drivers. That has some of the Mexican carriers talking about hiring U. S. drivers.

The irony of that is astonishing and sad. The delay of nearly seven years in cross-border trucking stemmed from a scare strategy staged by U. S. truck drivers union, which were resisting competition from foreign drivers. It turns out that Cross Border trucking likely will add employment opportunities to U. S. drivers not take them away."

John Castro, South Texas Activist Network for Democracy, requested for Council to consider a living wage ordinance in the City of Laredo. He submitted a copy of the "Living Wage Ordinance" to the Council Members.

VI. APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES

a. Appointment by City Council Member Johnny Amaya of Rolando Lopez 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 and introductory ordinance establishing a 15% penalty on the 2001

delinquent tax accounts as of July 1, 2002 to defray costs of collection pursuant to Section 33.07 (a) of the Texas State Property Tax Code; 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. Guerra recommended a 10% penalty on delinquent tax accounts.

Phyliss Colon, Tax Collector Assessor, recommended a 15% penalty. She noted that the state recommends a 20%; however, the City of Laredo is recommending a 15% penalty which was implemented in 1984.

Ricardo De Anda, Tax Attorney, explained the procedure for collecting delinquent taxes.

Motion to close the public hearing and introduce.

Moved: Cm. Agredano

Second: Cm. Amaya

For: 5 Against: 4 Abstain: 0

Cm. Agredano Mayor Pro Tempore Valdez

Cm. Bruni Cm. Guerra

Cm. Galo Cm. Ramirez

Cm. Amaya

Cm. Valdez

Ordinance Introduction: City Council except for Mayor Pro Tempore Valdez,

Cm. Guerra and Cm. Ramirez

VIII. GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS

2. A. Request by Council Member Johnny Amaya

1. Discussion with possible action on establishing a Police Substation at Fire

Station No. 5 located at Bartlett St. and Stewart St.

Agustin Dovalina III, Chief of Police, explained that establishing a police substation at Fire Station No. 5 was not feasible because it is to close to the police station. He noted that there was not enough personnel or equipment to man the site. He said that staff is currently conducting an analysis on police protection for all areas. He welcomed direction from City Council and City Manager.

Larry Dovalina, City Manager, suggested giving a presentation to Council Members to explain how staff disperses police sub-stations.

Mayor Pro Tempore Valdez responded by requesting a comprehensive workshop that will inform and assure Council Members that the City of Laredo provides the appropriate police and fire coverage.

B. Request by Council Member Joe A. Guerra

1. Discussion with possible action regarding speed humps on Broadcrest Drive and

Northstar Drive.

Rick Flores, resident of Crown Ridge, suggested that Council initiate an easier process for speed humps to be installed in residential areas. He voiced that the current process is to lengthy.

Roberto Murrillo, Traffic Director, affirmed that staff did receive the request from a resident, and they are currently conducting a study on Northstar Drive. He mentioned that Broadcrest Drive is not on the speed hump list and noted that he needs the name of a resident in order to comply with the Ordinance.

IX. INTRODUCTORY ORDINANCES

Motion not to introduce items 3, 4, and 5.

Moved: Cm. Ramirez

Second: Cm. Bruni

For: 8 Against: 0 Abstain: 0

Rey Rodriguez, Attorney for Tex Mex, spoke in favor of the Introductory Ordinances pertaining to street closings.

3. Closing the intersection at San Jorge Avenue and Moctezuma Street to vehicular traffic

traveling in a northerly and southerly direction by barricading at the north and south right-of-way lines of the Texas Mexican Railway Company tracks, said intersection is situated in the Western Division, City of Laredo, County of Webb and providing for effective date.

Motion not to introduce.

Moved: Cm. Ramirez

Second: Cm. Bruni

For: 8 Against: 0 Abstain: 0

4. Closing the intersection at Juarez Avenue and Moctezuma Street to vehicular traffic

Motion not to introduce.

Moved: Cm. Ramirez

Second: Cm. Bruni

For: 8 Against: 0 Abstain: 0

5. Closing the intersection at Davis Avenue and Moctezuma Street to vehicular traffic

X. FINAL READINGS OF ORDINANCES

Internet Availability: www.ci.laredo.tx.us.

Motion to waive the final hearing of Ordinance # 2002-O-057, # 2002-O-058, # 2002-O-059, # 2002-O-060, # 2002-O-061, # 2002-O-062, # 2002-O-063, # 2002-O-064, # 2002-O-065, # 2002-O-066, # 2002-O-067, # 2002-O-068, # 2002-O-069, # 2002-O-070, # 2002-O-071, # 2002-O-072, # 2002-O-073, # 2002-O-074, # 2002-O-075, # 2002-O-076, # 2002-O-077 and # 2002-O-078.

Moved: Cm. Bruni

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

6. 2002-O-057 Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning

24.69 acres, as further described by metes and bounds in attached Exhibit "A", located at the 3500 block of Del Mar Blvd., from R-1 (Single Family Residential District) and R-2 (Multifamily Residential District) to B-1 (Limited Commercial District); providing for publication and effective date.

Motion to adopt Ordinance # 2002-O-057.

Moved: Cm. Bruni

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

2002-O-058 Amending Ordinance No. 95-O-100 authorizing the issuance of a

Conditional Use Permit for a concrete batch plant on 5.00 acres, as further

described by metes and bounds in attached Exhibit "A", located on the

west side of Hwy. 83 and north of Masterson Rd., by renewing the term of

the Conditional Use Permit until April 15, 2004; providing for publication

and effective date. (As amended)

Motion to adopt Ordinance # 2002-O-058.

Moved: Cm. Bruni

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

2002-O-059 Authorizing the issuance of a Special Use Permit to Lakeside Subdivision,

L.L.C. for townhouses on Lot 2, Block 17, Lakeside Subdivision, Phase I,

located north of Lake Victoria Road and east of Lakeview Blvd; providing

for publication and effective date.

Motion to adopt Ordinance # 2002-O-059.

Moved: Cm. Bruni

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

2002-O-060 Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning

Lots 2, 4, 5, 6, and 8, Block 215, Western Division, located at 1215 San Agustin Ave., from B-3 (Community Business District) to CBD (Central Business District); providing for publication and effective date.

Motion to adopt Ordinance # 2002-O-060.

Moved: Cm. Bruni

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

2002-O-061 Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning

9.00 acres, as further described by metes and bounds in attached Exhibit

"A", located east of Bob Bullock Loop and southeast of Dorel Dr., from B-

4 (Highway Commercial District) to B-3 (Community Business District);

providing for publication and effective date.

Motion to adopt Ordinance # 2002-O-061.

Moved: Cm. Bruni

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

2002-O-062 Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning

0.9980 acres, as further described by metes and bounds in attached Exhibit

"A", located west of Mines Rd, and south of River Bank Dr., from B-3

(Community Business District) to B-4 (Highway Commercial District);

providing for publication and effective date.

Motion to adopt Ordinance # 2002-O-062.

Moved: Cm. Bruni

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

2002-O-063 Authorizing the issuance of a Special Use Permit to the Raul de la Garza

Testamentary Trust for a bar on Lot 5, Block 19, Western Division, located

at 907 Zaragoza St.; providing for publication and effective date.

Motion to adopt Ordinance # 2002-O-063.

Moved: Cm. Bruni

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

2002-O-064 Amending the City of Laredo FY 2001-02 annual budget in the Fire

Training Facility Fund by appropriating revenues and expenses of

$125,611.00 from available interest earnings for the purchase of fire

equipment and authorizing the City Manager to implement said budget.

Motion to adopt Ordinance # 2002-O-064.

Moved: Cm. Bruni

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

2002-O-066 Authorizing the City Manager to amend Ordinance 2001-O-284. The City

of Laredo's FY 2001-2002 annual budget will be amended in the amount of $943,408.00 to fund the COPS in Schools Program and amended by creating 14 full time equivalent police officer positions under the COPS in Schools Program. The US Department of Justice, Office of Community Oriented Policing Service (COPS) Program awarded funding to the City of Laredo for the purpose of hiring 14 new School Resource Officers (SRO) for a period of three years. The 14 police officer positions will be transferred to the City's general fund account (101-2310) upon termination of the grant.

Motion to adopt Ordinance # 2002-O-066.

Moved: Cm. Bruni

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

2002-O-067 Amending the City of Laredo Fiscal Year 2002 General Fund and Fire

Training Facility Fund budgets by appropriating revenues of $280,000.00 and $20,000.00 respectively as a transfer in and appropriating expenditures in the respective fund for the acquisition of machinery and equipment. Funding is available in the Capital Improvements Fund reserve appropriation account.

Motion to adopt Ordinance # 2002-O-067.

Moved: Cm. Bruni

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

2002-O-068 Authorizing the City Manager to accept and execute all documentation

from the Texas Department of Health for the Prevention Services for HIV Positive Clients Project of the City of Laredo Health Department in the amount of $84,210.00 by amending the budget for the period beginning April 1, 2002, through December 31, 2002; and authorizing the City Manager to amend the City of Laredo's full time equivalents by creating one caseworker position and one (1) Health Educator Position, which will be funded by this grant.

Motion to adopt Ordinance # 2002-O-068.

Moved: Cm. Bruni

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

2002-O-069 Authorizing the City Manager to accept and execute all documentation

from the Texas Department of Health for the Hepatitis C Virus Project of the City of Laredo Health Department in the amount of $20,000.00 and amend the City of Laredo's FY 2001-2002 budget for the period beginning March 1, 2002, through August 31, 2002.

Motion to adopt Ordinance # 2002-O-069.

Moved: Cm. Bruni

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

2002-O-070 Authorizing the City Manager to amend the City of Laredo's 2001-2002

annual budget by creating one (1) Full Time Equivalent (FTE)

Administrative Assistant II position under the Juvenile Accountability

Incentive Block Grant. The Office of the Governor, Criminal Justice

Division awarded funding to the City of Laredo for the purpose of hiring

an Administrative Assistant II and to purchase computer equipment in

support of the juvenile program from August 1, 2001 through July 31,

2002.

Motion to adopt Ordinance # 2002-O-070.

Moved: Cm. Bruni

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

2002-O-071 Amending the City of Laredo FY 2001-2002 Annual Budget in the amount

of $677,337.00 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, 2002 through December 31, 2002; and accepting grant in the same amount.

Motion to adopt Ordinance # 2002-O-071.

Moved: Cm. Bruni

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

2002-O-072 Authorizing the City Manager to accept a grant in the amount of

$30,000.00 from the Texas Department of Transportation for the enforcement of the seat belt law and authorizing the City Manager to amend the City of Laredo's FY 2001-2002 Annual Budget in the amount of $30,000.00. This grant is funded 100% by the Texas Department of Transportation and there is no cost to the City.

Motion to adopt Ordinance # 2002-O-072.

Moved: Cm. Bruni

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

2002-O-073 Amending the Fiscal Year 2001-2002 annual budget of the Laredo