CITY OF LAREDO

                                                 CITY COUNCIL MEETING

                                                              M2002-R-14

                                               CITY COUNCIL CHAMBERS

                                                   1110 HOUSTON STREET

                                                    LAREDO, TEXAS 78040

                                                             JULY 15, 2002

                                                                  5:30 P.M.

 

I.          CALL TO ORDER

 

            With a quorum present, Mayor Pro Tempore Alfredo Agredano called the meeting to order.

             

II.        PLEDGE OF ALLEGIANCE

 

            Mayor Pro Tempore Agredano led in the Pledge of Allegiance.

 

III.       ROLL CALL

 

            In attendance:

 

            Alfredo Agredano,                                                        Mayor Pro Tempore, District I

            Hector Garcia,                                                              Council Member, District II

            John C.  Galo,                                                              Council Member, District III

            Johnny Amaya,                                                             Council Member, District IV

            Eliseo Valdez, Jr.,                                                         Council Member, District V

            Gene Belmares,                                                            Council Member, District VI

            Jose Valdez, Jr.,                                                           Council Member, District VII

            Juan Ramirez,                                                               Council Member, District VIII

            Gustavo Guevara, Jr.,                                                   City Secretary

            Cynthia Collazo,                                                           Assistant City Manager

            Jaime Flores,                                                                City Attorney

 

            Motion to excuse Mayor Elizabeth G.  Flores.

 

            Moved:  Cm.  E.  Valdez

            Second:  Cm.  Amaya

            For:     7                                               Against:  0                                            Abstain:  0

 

            Mayor Pro Tempore Agredano was chairing the meeting.

 

IV.       MINUTES

 

            Approval of the minutes of June 3, 2002.

 

            Motion to approve.

 

            Moved:  Cm.  Galo

            Second:  Cm.  Amaya

            For:     7                                               Against:  0                                            Abstain:  0   

 

V.        COMMUNICATIONS AND RECOGNITIONS

 

            Announcements

 

None

 

            Invitations

 

            None

 

            Recognitions

 

            None.

 

            Communiqués

 

Cm.  Garcia congratulated Jake Rathmell, President of the Optimist League, for hosting the baseball/softball tournament.  He also congratulated the children that participated in the All-Star games.

 

Cm.  Galo acknowledged taking the lead for the approval of amending the contract with Hawkins, Delafield & Wood.  He apologized to the taxpayer for the increase but assured them that the funds were well spent because the City will save a substantial amount in the long run.  He also discussed the issue of having inspection stations at the City of Laredo bridges.  He pointed out that the City and its entrepreneurs are very experienced on such issues and he feels that TxDOT should listen to what the City is proposing as opposed to what they are proposing.  He feels that the City has a much better grasp of what is needed at the bridges because of their expertise on the issue.

 

Cm.  Amaya noted that it was a pleasure and honor to be selected to distribute trophies to the Little League District 34 Champs from the American Little League 11 to 12 year olds.  He wished the little leaguers the best of luck as they continue to the state tournament.  He also wanted to thank Cynthia Collazo, Assistant City Manager; Erasmo Villarreal, Community Development Director, and Tony Garcia from Traffic Department for assisting him in attending a meeting with LISD Board of Trustee Jorge Beckelhymer and his staff.  The committee met to solve traffic problems that LISD face in District IV.   

 

Cm.  Belmares congratulated the Parks and Recreation staff for a fantastic 4th of July.  He also thanked Cm.  Ramirez for providing pie and ice cream for the event. 

 

VI.       APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES

           

            None.

  

VII.     PUBLIC HEARINGS

 

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

annual budget by appropriating current seized revenues and expenditures in the amount of $156,000.00 in the Laredo Police Department Trust Fund.  Funding will be used to purchase capital outlay equipment.  Items include the mobile command center, inventory tracker, and the security system in all substations and improvements to the Laredo Police Department Annex (Building 60) at the Laredo International Airport. 

 

Motion to open the public hearing.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:      7                                         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:      7                                         Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

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

annual budget by appropriating current seized revenues and expenditures in the amount of $122,000.00 in the Laredo Police Department Trust Fund.  Funding will be used to pay for a detailed study to improve overall radio communication city-wide and to ensure that this system is compatible with the Mobile Data Terminals being acquired by the Laredo Police Department.  Funding is available in the Laredo Police Department Trust Fund. 

 

Motion to open the public hearing.

 

Moved:  Cm.  Galo

Second:  Cm.  J.  Valdez

For:     7                                          Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  J.  Valdez

Second:  Cm.  E.  Valdez

For:      7                                         Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

   

  

3.  Public hearing and introductory ordinance amending sections of the Laredo Land  

Development Code pertaining to Floodplain Management Standards, specifically Section 24-69, Flood Hazard District; and Appendix A, Definitions.  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:     7                                          Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:      7                                         Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

4.  Public hearing and introductory ordinance authorizing the City Manager to accept and

execute all documentation from the Texas Department of Health for the “Los Dos Laredos” Binational Neural Tube Defects (NTD) Pilot Project of the City of Laredo Health Department in the amount of $43,532.00 in additional funds for the period beginning April 1, 2002 through March 31, 2003, and amending the City of Laredo FY 2001-2002 budget in the same amount.

 

Motion to open the public hearing.

 

Moved:  Cm.  Amaya

Second:  Cm.  Galo

For:      7                                         Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Amaya

Second:  Cm.  Belmares

For:      7                                         Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

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

annual budget by appropriating additional funds in the amount of $5,394.00 from the Texas Department of Health for the Comprehensive Public Health Services Program of the City of Laredo Health Department for the period beginning September 1, 2001, through August 31, 2002; and authorizing the City Manager to amend the City of Laredo’s full-time equivalent positions by creating one Clerk II position.

 

Motion to open the public hearing.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:      7                                         Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  J.  Valdez

Second:  Cm.  Amaya

For:      7                                         Against:  0                                            Abstain:  0

 

                 Ordinance Introduction:  City Council

6.  Public hearing and introductory ordinance accepting a grant awarded by the South Texas

Development Council in the amount of $27,100.00 and amending the City of Laredo FY 2001-2002 annual budget for the NPDES Fund by appropriating said grant revenue to the appropriate expenditure accounts.  The grant monies will be used for the Used Oil Recycling Program.

 

Motion to open the public hearing.

 

Moved:  Cm.  Galo

Second:  Cm.  Belmares

For:     7                                          Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Amaya

Second:  Cm.  Belmares

For:      7                                         Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

VIII.    GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS

7.  A.  Request by Council Member Hector J. Garcia

 

1.  Discussion with possible action on the paving of the 100-800 blocks of South

     Ejido Street and 3400 block of Pecan Street.

 

Oscar Medina, Assistant Director for Public Works, discussed several problems on the paving of the 100-800 blocks of South Ejido.  He stated that engineers are reviewing the paving project because in certain areas of the block there is only 15’ of right-of-way to work with.  The second problem is funding the asphalt and materials for the project which will cost $43,000.  On Pecan he noted that staff is working to obtain the right-of-way for that area.  He advised Council that staff would report back once they have a cost estimate for paving Pecan Street. 

 

Motion to pave the 100-800 blocks of South Ejido Street with discretionary funds from District II.

 

     Moved:  Cm.  Garcia

     Second:  Cm.  Amaya

     For:      7                             Against:  0                                            Abstain:  0

       

                 B.  Request by Council Member John C. Galo

 

1.  Staff report on the opening of Bartlett at Market, with possible action.

 

Rogelio Rivera, City Engineer, reported that the preliminary information on the opening of Bartlett and Market was received from the Utilities Committee and staff is currently working on the engineering design which is 50% complete.  He added that staff is also waiting for a reply from Tex-Mex on the right-of-way and whether or not they will require planking.  Planking is expensive and staff will need to identify funding.  

 

Erasmo Villarreal, Community Development Director, said that he has contacted Tex-Mex on the item and they are working on the project. 

 

2.  Staff report on the progress of the code enforcement effort in the Santa Rita

     Subdivision, with possible action.

 

Erasmo Villarreal, Community Development Director, reported that on Sunday, June 23rd  Code staff had 22 volunteers travel through the subdivision of Santa Rita.  They were able to collect 107 bags of litter, 113 tires, 3 large pieces of furniture, 4 large pieces of pipe and 30 pieces of lumber.  On June 30th, fifty volunteers  removed graffiti from 12 residential properties in the Santa Rita Subdivision.  On that day, Code Enforcement targeted residential subdivision and issued 72 notices of violations, 52 maintenance citations, 20 inoperable vehicles, and staff is continuing to address violations.  The investigation will be complete once the police department, environmental and engineering departments submit their report on citations issued in the Santa Rita Subdivision.  He went on to say that staff is working on upgrading the subdivision. 

  

3.  Staff report on all City owned properties on the former Air Force Base including

properties for rent, properties rented, lease terms, improvements, parks and size of lots, with possible action.

 

 

 

Jose Flores, Airport Director, presented a color coded map which allowed Council Members to view the Air Force Base properties.  He gave a comprehensive report on the Air Force Base properties that are for rent, properties rented, lease terms, improvements, parks and size of lots.  Efforts are underway to continue cleaning the area.  The original use for the base was industrial; however, the use has shifted to be medical/institutional related.  He suggested for Council to create an Ordinance allowing the City Manager to enter into short-term leases. 

 

Cm.  Galo agreed that allowing the City Manager to execute short-term leases would be a solution to the problem of building vacancies.  He further noted the most viable solution for utilizing the prime realty would be to create a property list and submit it to all interested realtors so they can offer the realty to interested clients and at the same time receive compensation .

 

4.  Staff report on traffic plans through the former Air Force Base, with possible

     action.

 

Keith Selman, City Planner, advised that in 1997 staff created an in-house comprehensive Land Use Plan for the Air Force Base properties.  He gave a detailed report on all changes that have taken place on the base and explained that staff’s main goal was based on saving the City money. He went on to say that staff will be updating the Land Use Plan and report back to Council.

 

                C.  Request by Council Member Gene Belmares

 

1.  Status report on the speed hump study for Orange Blossom, with possible action.

 

Tony Garcia, from the Traffic Department, reported that an application was submitted and a study was executed but the area did not warrant a speed hump on Orange Blossom.  He noted that the applicant has the right to appeal the decision. 

 

2.  Status report on the widening of Del Mar Boulevard, with possible action.

 

Rogelio Rivera, City Engineer, advised that the project of widening Del Mar Boulevard is on target and is 70% complete.  He noted that they have encountered some problems with the rain but completion of the project will be in September.

 

Cm.  Belmares stressed his desire to expedite the Del Mar projects including the installation of a sidewalk along Merlin.  He emphasized the importance of assuring absolute safety for school children.  He wants all projects completed before school starts.

 

Cynthia Collazo, Assistant City Manager, noted that staff needs to identify the funds for the sidewalk.

 

3.  Status report on truck traffic enforcement by Police Department on Del Mar

     Boulevard.

 

Chief Perez reported that from January to July there were 35 traffic truck/route violations, 114 speeding tickets and 56 other violations.

 

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

 

1.  Discussion with possible action regarding changes to the Priority Procedures for

     the Mayor and City Council.

 

Cm.  Valdez encouraged the public to submit recommendations or suggestions to the committee for consideration.  

       

                 E.  Request by Council Member Juan Ramirez

 

1.  Discussion with possible action on establishing an ordinance or franchise fee on

     the export of vehicles to Mexico.

 

Tony Garcia, Traffic Safety, reported that staff is working on a solution for the export of vehicles to Mexico.  A report is being compiled which will be submitted to the Director for suggestions. 

 

Cynthia Collazo, Assistant City Manager, said that the Traffic Department will re-assess the installation of meters and place additional meters.  She also said that she would ask the department to take a look at the reinforcement issues.

 

2.  Discussion with possible action on placing a storm sewer on the corner of Lee

     and Garcia Street.

 

Rogelio Rivera, City Engineer, said that the inlet does not have the capacity to take in all the flow during rain fall so staff is looking at adding an addition inlet. The cost for upgrading the storm sewer inlet is $5,000.

 

Motion to approve the project with monies from Cm.  Rmairez discretionary fund.

 

Moved:  Cm.  Ramirez

Second:  Cm.  Amaya

For:     7                                          Against:  0                                Abstain:  0

 

3.  Discussion with possible action on the flooding situation at the intersection of

     Vidaurri and Sanchez.

 

Rogelio Rivera, City Engineer, stated the flow is currently on Park and it needs to be on the right-of-way on Santa Rita which will need to be excavated.  The item will need to be submitted to the Utilities Coordination Committee for approval then staff can proceed.  

 

 

4.  Status report on the sidewalks in the San Francisco neighborhood.

 

Rogelio Rivera, City Engineer, reported that Project 19C is 33% complete and will be finished in August of 2002.  He added that Projects 19A and 19B are in route for signatures so construction will begin next week. 

     

IX.       INTRODUCTORY ORDINANCES

 

8.  Authorizing the City Manager to execute a lease with SER Jobs for Progress Southwest

Texas, Inc., for approximately 6,102 square feet of office space constituting Suites 9 and 10 in Building No. 134 located at 4603 Maher Avenue at the Laredo International Airport.  Lease term is for two (2) years commencing on December 1, 2001 and ending on November 30, 2003, and lease may be terminated by either party upon giving a ninety (90) day written notice from the party terminating to the other.  Monthly rent shall be $5,800.00 commencing on December 1, 2001 and ending on November 30, 2002 and monthly rent shall be $6,245.00 commencing on December 1, 2002 and ending on November 30, 2003; providing for an effective date.

 

Ordinance Introduction:  City Council

 

9.  Amending Chapter XI, Truck Traffic Division 2, Truck Routes, Section 19-410 Truck

Routes Designated, of Chapter 19, of the City of Laredo Code of Ordinances by deleting Jefferson Street (Westbound only) as a truck route between IH 35 and Santa Isabel Avenue and providing for publication and effective date.

 

Ordinance Introduction:  City Council

 

10.  Authorizing the City Manager to execute all necessary documents to effectively convey

title to the State of Texas, the “Surface Only” of 0.33 of an acre, more or less, parcel of land, and 0.48 of an acre, more or less, parcel of land, both for the construction of an acceleration lane to and a deceleration lane from Loop 20 onto and from Jacaman Road.  Said land parcels being generally described below and more particularly described by metes and bounds on attached Exhibits “A” & “B” and providing for an effective date.

Parcel 1- Being a tract of land containing 0.33 acres, more or less, a part of Survey 1022, Abstract 654, R.S. Ramsey Original Grantee, in Webb County, Texas; being a part of that certain tract called to contain 1,342.47 acres, described in Warranty Deed dated July 10, 1992, and recorded in Volume 47, Pages 418-42, of the Official Public Records of Webb County, out of a 9.37 acre tract dedicated to the City of Laredo, Texas on September 6, 2001 recorded in Vol. 1099, Pgs. 633-643, of the Deed Records of Webb County, Texas.

 

Parcel 2-Being a tract of land containing 0.48 acres, more or less, a part of Survey 1022, Abstract 654, R.S. Original Grantee, in Webb County, Texas; being a part of that certain tract called to contain 1,342.47 acres, described in Warranty Deed dated July 10, 1992, and recorded in Volume 47, Pages 418-42 of the Official Public Records of Webb County, out of a 9.37 acre tract dedicated to the City of Laredo, Texas on September 6, 2001, recorded in Vol. 1099, Pgs, 633-643 of the Deed Records of Webb County, Texas.

 

Ordinance Introduction:  City Council

 

X.        FINAL READING OF ORDINANCES 

 

Motion to waive the final readings of Ordinance # 2002-O-132, #2002-O-142, # 2002-O-143, # 2002-O-144, # 2002-O-145, # 2002-O-146, # 2002-O-147, # 2002-O-148, # 2002-O-149, # 2002-O-150, # 2002-O-151, # 2002-O-152, # 2002-O-153, # 2002-O-154, # 2002-O-155, # 2002-O-156, # 2002-O-157, # 2002-O-158, # 2002-O-159, # 2002-O-160, # 2002-O-161. 

 

            Moved:  Cm.  Galo

            Second:  Cm.  Amaya

            For:     7                                               Against:  0                                            Abstain:  0

11.  2002-O-132  An Ordinance Amending Chapter 30 of the Code of Ordinance of the City

Of Laredo, Texas to include Section 30-4 Credit Card Payment Processing Fee to establish a credit card payment-processing fee for the payment of property taxes.  The fee will be based on the amount of the payment processed and will be equal to 1.8% of the amount of the transaction; providing for publication and effective date.  (As Amended) 

 

Motion to adopt Ordinance # 2002-O-132.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:      7                             Against:  0                                Abstain:  0

2002-O-142  Amending the Zoning Ordinance (Map) of the City of Laredo by authorizing the issuance of a Special Use Permit to East Country Limited for a mini-storage                                                                                            facility on 3.8955 acres, as further described by metes and bounds in attached Exhibit “A”, located at the 3500 Block of Del Mar Blvd.; providing for publication and effective date. 

 

Motion to adopt Ordinance # 2002-O-142.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:      7                             Against:  0                                Abstain:  0

 

2002-O-143  Amending the City of Laredo Code of Ordinances, Chapter 15, Health and Sanitation, Article VI, Tattoo and Body Piercing, providing definitions,  establishing a tattoo and body piercing permit program; providing for exemption from requirements, terms of permits, terms of renewal, terms of denial, and terms of suspension or revocation; providing for injunctive relief and severability; authorizing fee of $100.00 for tattoo or body piercing permits; and $200.00 for a combined studio permit for issuance or annual renewal of permits, and a $10.00 fee for replacement; authorizing a penalty for violation of this Ordinance; providing for publication and effective date.

 

Motion to adopt Ordinance # 2002-O-143.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

     For:      7                             Against:  0                                Abstain:  0 

 

2002-O-144  Amending Ordinance No. 97-O-114 authorizing the City of Laredo Health Department to increase the fee from $10.00 to $20.00 per person not registered in a clinic as Health Department patients for phlebotomy services at the Health Department Laboratory; and providing for publication and effective date.

 

Motion to adopt Ordinance # 2002-O-144.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:      7                             Against:  0                                Abstain:  0

 

                  2002-O-145  Amending Chapter 15, Health and Sanitation, of the City of Laredo Code                                 of Ordinances by amending Article VII, Swimming Pool Permit,            

                                        providing definitions; establishing a swimming pool permit, terms of                                            swimming pool permit, establishing authority to inspect swimming pools,                                       authorizing a fee of $100 for issuance or renewal of a swimming pool                                                     permit, authorizing a fee of $10 for issuance of duplicate permits; terms of                               renewal, terms of denial, and terms of suspension or revocation; providing                                 a waiver of permit fee to the City of Laredo Parks and Recreation                                            Department; providing for injunctive relief and severability; authorizing a                                     penalty for violation of this Ordinance; and providing for publication and                                   effective date. (As amended)

 

Motion to adopt Ordinance # 2002-O-145.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:      7                             Against:  0                                Abstain:  0

  

                   2002-O-146  Amending the City of Laredo FY 2001-2002 annual budget by       

                                         appropriating additional funds in the amount of $212,470.00 from the                                                    Texas Department of Health for the HIV/AIDS Ryan White Project of the                                      City of Laredo Health Department and extending the grant period from                                                  April 1, 2002 through August 31, 2002 to April 1, 2002 through March                                                   31, 2003.

 

Motion to adopt Ordinance # 2002-O-146.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:      7                             Against:  0                                Abstain:  0

      

                   2002-O-147  Amending the City of Laredo FY 2001-2002 annual budget by       

                                         appropriating revenues in the amount of $39,337.00 in additional funds                                      for the HIV/AIDS Housing Opportunities for Persons with AIDS Project                                of the City of Laredo Health Department to extend the program period                                                  from February 1, 2002, through August 31, 2002, to February 1, 2002,                                               through January 31, 2003.

 

Motion to adopt Ordinance # 2002-O-147.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

     For:      7                             Against:  0                                Abstain:  0   

 

                   2002-O-148  Amending Section 13-21    definitions, Article II (Food Products     

                                        Establishments) Division 1 (Generally) of Chapter 13 (Food and Food                                                   Products) of the Code of Ordinances to revise the definition of a food                                                products establishment, providing for publication and effective date.

 

Motion to adopt Ordinance # 2002-O-148.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

     For:      7                             Against:  0                                Abstain:  0  

 

                  2002-O-149  Amending Section 13-39, (Fees) of Division 2, License of Article II (Food                                Products Establishments) of Chapter 13 (Food and Food Products) of the                                        City of Laredo Code of Ordinances to increase the annual license fee to be                               paid by a food establishment, which will continue to be based on the                                               number of employees per establishment.  Establishing a fee of $50.00 for                                   a new food establishment application and fee of $25.00 for request for                                             inspection services, providing for publication and effective date.

 

Motion to adopt Ordinance # 2002-O-149.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

     For:      7                             Against:  0                                Abstain:  0

  

                   2002-O-150  Amending the City of Laredo Code of Ordinances, Section 13-81 (Fees)                                  of Article IV, Permitting of Food Service Operator, Chapter 13, Food and                                Food Products to raise the fee of ten ($10.00) to thirty ($30.00) for a Food                                          Service Operator Permit; providing for publication and effective date.

 

Motion to adopt Ordinance # 2002-O-150.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

     For:      7                             Against:  0                                Abstain:  0