CITY OF LAREDO

CITY COUNCIL MEETING

A-2002-R-19

CITY COUNCIL CHAMBERS

1110 HOUSTON STREET

LAREDO, TEXAS 78040

OCTOBER 7, 2002

6:00 P.M.

DISABILITY ACCESS STATEMENT

Persons with disabilities who plan to attend this meeting and who may need auxiliary aid or services are requested to contact Gustavo Guevara, City Secretary at (956) 791-7308 at least two working days prior to the meeting so that appropriate arrangements can be made. The accessible entrance and accessible parking spaces are located at City Hall, 1100 Victoria Ave.

Out of consideration for all attendees of the City Council meetings, please turn off all cellular phones and pagers, or place on inaudible signal. Thank you for your consideration.

I. CALL TO ORDER

II. PLEDGE OF ALLEGIANCE

III. ROLL CALL

IV. MINUTES

Approval of the minutes of August 12, 2002, August 13, 2002, and August 14, 2002.

V. COMMUNICATIONS AND RECOGNITIONS

Announcements

Invitations

Recognitions

1. Recognition of City’s Customer Service Representatives in observance of National Customer Service Week, which will be celebrated on October 7, 2002 through October 11, 2002.

Communiqués

a. Recognition of Juan Morales, Traffic Department Employee, for his honest act in returning a bank deposit bag containing money to its owner.

VI. APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES

a. Appointment by Council Member Jose A. Valdez, Jr. of Raul Valdez to the City Charter Revision Commission.

VII. PUBLIC HEARINGS

1. Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by rezoning the east 13.89 feet of Lot 1, Lots 2 and 3, and the west 13.89 feet of Lot 4, Block 524, Eastern Division, located at 903 and 917 East Taylor Street, from R-3 (Mixed Residential District) to B-4 (Highway Commercial District); providing for publication and effective date. The Planning and Zoning Commission has recommended denial of the proposed zone change.

2. Public hearing and introductory ordinance amending Section 24-94, Appendix A, and Appendix B-3 of the Laredo Land Development Code, in order to establish standards and procedures governing the issuance of Conditional Use Permits; providing for publication and effective date. The Planning and Zoning Commission has recommended approval of the proposed ordinance amendment.

3. Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by rezoning 27.7124 acres, as further described by metes and bounds in attached Exhibit “A”, located east of Los Presidentes Subdivision, Unit 7 and proposed Unit 9, from AG (Agricultural District) and R-1 (Single Family Residential District) to R-1A (Single Family Reduced Area District); providing for publication and effective date. The Planning and Zoning Commission has recommended approval of the proposed zone change.

4. Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by rezoning 10.0 acres, as further described by metes and bounds in attached Exhibit “A” located south of Cielito Lindo Blvd. and west of St. David Lane, from R-1A (Single Family Reduced Area District) to R-2 (Multi-Family Residential District); providing for publication and effective date. The Planning and Zoning Commission has recommended approval of the proposed zone change.

5. Public hearing and introductory ordinance amending the City of Laredo FY 2002-2003 annual budget by appropriating revenues and expenditures in the amount of $236,298.00 from the Texas Department of Health and $118,150.00 in in-kind funds from the Laredo Independent School District for the Mi Futuro (My Future) Abstinence Education Program of the City of Laredo Health Department from October 1, 2002, through September 30, 2003; and authorizing the City Manager to amend the current number of full-time equivalent positions from 0 to .5 with the addition of .5 Public Health Technician position which will be funded by this grant.

6. Public hearing and introductory ordinance authorizing the City Manager to accept and execute all documentation from the Texas Department of Health for the Women, Infants and Children (WIC) Program of the City of Laredo Health Department. The City of Laredo Health Department is expecting to be reimbursed an estimated $2,654,860.00 during FY 2002-2003.

7. Public hearing and introductory ordinance amending Ordinance 89-O-231 of the Code of Ordinances for the City of Laredo providing for an increase in charge from $3.00 to $10.00 per client for the Influenza Immunization at the Immunization Clinic of the City of Laredo Health Department and implementing a charge of $16.00 for the pneumococcal vaccine; providing for a sliding fee to persons unable to pay due to indigency; and providing for severability, effective date and publication.

VIII. GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS

8. A. Request by Mayor Elizabeth G. Flores

1. Report to Council regarding the presentation made of Bridge V Project at the XXXII Meeting of the US-Mexico Binational Group in San Diego, California on October 1, 2002.

B. Request by Council Member Hector J. Garcia

1. Discussion with possible action regarding the steps taken to improve the flooding on the 3100 block of Ash.

2. Status on the Chacon Creek clean-up at Highway 359 and Zapata Highway, with possible action.

C. Request by Council Member Eliseo Valdez, Jr.

1. Comment regarding Alta Vista/Vista Hermosa.

2. Discussion with possible action on the efficiency of the El Lift Program operations.

D. Request by Council Member Gene Belmares

1. Staff report on the damage claims and improvement efforts done to reduce flooding in those areas, with possible action.

2. Discussion with possible action on moving the traffic light at Alexander High School to the intersection of Alexander and Winfield.

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

1. Discussion with possible action regarding all construction projects in District VII to include, but not limited to: Rancho Viejo entrance, sidewalks, Lafayette Linear Park, Markley railroad improvements and Father McNaboe Park.

(Recess)

(Press Availability)

IX. INTRODUCTORY ORDINANCES

9. Authorizing the City Manager to execute a lease with San Antonio MTA, L.P., d/b/a Verizon Wireless for space at the Airport Water Tower located at 4903 Maher, Laredo, Webb County, Texas and being more fully described in Exhibit “A” of lease agreement for the installation and operation of certain antennae facilities for use with its communications business and a parcel of land within the owned premises for the location of an equipment building and related facilities associated with the antennae facilities. Term of the lease is ten (10) years commencing October 21, 2002 and ending October 2012 with three (3) successive renewal terms of five (5) years. Annual base rent shall be $8,400.00 each year during the term of the lease and will be increased by four percent (4%) on each anniversary of the commencement date, providing for effective date.

10. Authorizing the City Manager to execute a lease with Texas #20 Rural Cellular, Inc., for a 40’ x 58’ ground space at the Lyon Street Water Tanks located at 1501 East Lyon Street, Laredo, Webb County, Texas and being more fully described on attached Exhibit “A” of lease agreement to construct on such premises an 80 ft. high monopole tower and related equipment building for use with its communication business. Term of the lease is five (5) years commencing October 21, 2002 and ending October 20, 2007 with four (4) successive renewal terms of five (5) years. Annual base rent shall be $8,400.00 each year during the term of the lease and will be adjusted by four percent (4%) on each anniversary of the commencement date, providing for effective date.

11. Authorizing the City Manager to execute a lease with San Antonio MTA, L.P., d/b/a Verizon Wireless for ground space at the McPherson Water Tower located at 8711 McPherson, Laredo, Webb County, Texas and being more fully described on attached Exhibit “A” of lease agreement to construct on such premises a 120 ft monopole and related equipment building for use with its communications business. Term of lease is five (5) years commencing October 21, 2002 and ending October 20, 2007 with four (4) successive renewal terms of five (5) years. Annual base rent shall be $8,400.00 each year during the term of the lease and will be increased by four (4%) on each anniversary of the commencement date, providing for effective date.

12. Authorizing the City Manager to execute a lease with San Antonio, MTA, L.P. d/b/a Verizon Wireless for ground space at the Milmo Booster Station located at the corner of San Luis and Milmo Laredo, Webb County, Texas and being more fully described on Exhibit “A” of lease agreement to construct on such premises a 100 ft. high monopole and related equipment building for use with its communication business. Term of this lease is five (5) years commencing October 21, 2002 and ending October 20, 2007 with four (4) successive renewal terms of five (5) years. Annual base rent shall be $8,400.00 each year during the term of the lease and will be increased by four percent (4%) on each anniversary of the commencement date, providing for effective date.

13. Authorizing the City Manager to execute a lease with Catholic Charities Archdiocese of San Antonio, Inc., for approximately 300 square feet constituting Suite No. 20 of Building No. S-1 located at 1718 E. Calton Road at the Laredo International Airport. Lease term is for one (1) year commencing on August 1, 2002 and ending on July 31, 2003 and may be extended for one (1) year ending July 31, 2004. Monthly rent shall be $390.00 and will be adjusted annually during the primary and extension terms of this lease according to changes in the Consumer Price Index; providing for an effective date.

14. Approving and authorizing the City Manager to execute an underground utility easement conveying to the Texas Department of Transportation for the purpose of installing fiber optic cable to integrate the City of Laredo Traffic Management Center to the TXDot’s Traffic Management Center. Said proposed utility easements are located at the Laredo International Airport on land known as Lots 1, 2, 3 & west portion of 4, Block 1988; ED, and continue onto Block 1965-B; ED and block 1965-A; ED; providing for effective date.

15. Closing as a public easement the 1600 block of Benavides Street between Davis and Main Avenues situated in the Western Division, City of Laredo, Webb County, Texas and providing for effective date.

16. Closing as a public easement the 3100 block of Valencia Avenue between Locust and Plum Streets situated in the Eastern Division, City of Laredo, Webb County, Texas and providing for effective date.

17. Closing as a public easement the 600 block of Garcia Street between San Dario and San Eduardo Avenues situated in the Western Division, City of Laredo, Webb County, Texas, and providing for effective date.

X. FINAL READING OF ORDINANCES

18. 2002-O-247 Amending the Zoning Ordinance Map of the City of Laredo by authorizing the issuance of a Conditional Use Permit to Jose Maria Guardiola for a used car lot on Lot 1, Block 1825, Eastern Division, located at 2201 Lyon Street; providing for publication and effective date. (As amended)

2002-O-248 Authorizing the issuance of City of Laredo, Texas Subordinate Sewer System Revenue Bonds, Series 2002, in the amount of $710,000.00; and awarding the sale for the bonds to the Texas Water Development Board and making provisions for the security thereof; and authorizing the amendment to the City’s budget to appropriate such proceeds for the purpose authorized herein; and ordaining other matters relating to the subject.

2002-O-249 Authorizing the issuance of City of Laredo, Texas Subordinate Water System Revenue Bonds, Series 2002, in the amount of $741,000.00; and awarding the sale of the bonds to the Texas Water Development Board and making provisions for the security thereof; and authorizing the amendment to the City’s budget to appropriate such proceeds for the purpose authorized herein; and ordaining matters relating to the subject.

2002-O-250 Amending the City of Laredo Fiscal Year 2002 by appropriating revenues in the following Funds: Certificates of Obligation Series 1998 $40,754.00, DPW Infrastructure Development $46,800.00 and Capital Improvements $399,533.00 and appropriating expenditures by the same amounts in respective funds. The funds will be appropriated to fund the Alexander Park Project.

2002-O-251 Authorizing an increase in the bridge toll rate schedule for southbound pedestrian traffic as further described in exhibit “A” and hereby repealing all conflicting sections in all ordinances currently in effect.

2002-O-252 Authorizing the City Manager to enter into a contract with South Texas Development Council (STDC) and amend the City of Laredo FY 2001-2002 annual budget by appropriating the amount of $107,754.00 for the HIV/AIDS Health and Social Services Project of the City of Laredo Health Department for the period beginning September 1, 2002 through August 31, 2003.

2002-O-253 Amending the City of Laredo FY 2001-2002 budget by appropriating additional funds in the amount of $5,400.00 for the Bureau of Women’s Health, Breast and Cervical Cancer Control Project (BCCCP) of the City of Laredo Health Department and extending the contract period by one month from the period beginning September 1, 2001, through August 31, 2002 to September 1, 2001, through September 30, 2002.

2002-O-254 Public hearing and introductory ordinance amending the City of Laredo FY 2001-2002 annual budget by appropriating additional funds in the amount of $70,000 from the Texas Natural Resource Conservation Commission (TNRCC), now known as the Texas Commission on Environmental Quality (TCEQ), to continue the operation of the two continuous air monitoring stations (CAMS) by the City of Laredo Health Department, and extending the contract period for one year from September 1, 2001, through August 31, 2002, to September 1, 2001, through August 31, 2003.

2002-O-255 Authorizing the City Manager to execute a lease renewal with Pinkerton’s Inc. and Burns International Security Services Corporation for two office spaces totaling approximately 500 square feet and located at International Bridges I and II.

a. Lease term is for one (1) year commencing on November 1, 2002 and ending on October 31, 2003.

b. Monthly rent shall be $2,200.00 for both properties.

c. City of Laredo may terminate this lease within ninety (90) days written notice.

2002-O-256 Amending Ordinance 2001-O-218 to adopt the City of Laredo Investment Policy and amending the City of Laredo Investment Policy to comply with the Public Funds Investment Act Chapter 2256, Texas Government Code.

XI. RESOLUTIONS

19. 2002-R-077 Accepting the donation of the “Surface Only” of one parcel of land from Santa Fe Development, L.C., for the construction of a public park. Said parcel of land being Lot 41, Block 22, Santa Fe Subdivision, Unit IX, City of Laredo, Webb County, Texas; and being delineated on attached copy of the City plat.

20. 2002-R-086 Endorsing the acceptance within the City of Laredo, Texas of the identification card known as the “Matricula Consular” which is issued by Consulates of the United Mexican States for use by Mexican Nationals.

21. 2002-R-087 Authorizing the City Manager to enter into an agreement with the Texas Parks and Wildlife Department to accept a grant in the amount of $48,150.00, a 10% match of the National Park Service Urban Parks and Recreation Recovery Program grant for the rehabilitation of Seven Flags Park and certify that local matching funds are available and further authorize the City Manager to execute any and all documents pertaining to and/or resulting from this agreement.

22. 2002-R-088 Declaring the public necessity to acquire the “Surface Only” of two parcels of land for the Riverfront Development Project. Said parcels being Parcel A: Lots 1, 2, 3, & 4, and Parcel B: part of Lot 8, Block 1109, Western Division, City of Laredo, Webb County, Texas, as delineated on attached copy of City Plat; and authorizing staff to negotiate for the acquisition of said parcels by purchase at a market value to be established by a State Certified Real Estate Appraiser, and further authorizing the City Attorney to initiate condemnation proceedings to acquire said parcels if staff is unable to acquire through negotiations due to inability to agree to a purchase price, conflict of ownership, owner refusal to sell, and/or inability to locate owner.

23. 2002-R-089 Authorizing the City Manager’s submittal of a grant application to South Texas Development Council (STDC) in the amount of $27,000.00 with no matching funds. Funds will be used to fund a tire clean-up program to remove illegally dumped tires from the city, which will increase the aesthetics of the city as well as remove support for vectors that may transmit dengue fever and West Nile virus.

XII. MOTIONS

24. Consideration to award a two-year professional services contract to Wells Fargo Bank Texas, N.A. for banking services to be provided to the City of Laredo for fiscal year 2003 and 2004 at an estimated amount of $126,305.64.

25. Consideration for approval of change order no. 1 an increase of $55,132.00 to the construction contract with Modern Construction, Inc. Laredo, Texas, for the new Laredo Municipal Court Building Project for additional construction work to add ceramic tile flooring and marble wainscot at waiting area. Funding is available in the 2000A C.O. Issue Municipal Court.

26. Consideration for acceptance of the removal of submerged concrete bridge components at Laredo International Bridge I and approval of final payment in the amount of $94,475.00 to A & R Demolition, Inc., Del Valle, Texas. Final contract amount is $229,000.00. Funding is available in the Bridge System-Bridge Construction Toll Plaza Improvements.

27. Authorizing the City Manager to submit the Texas Pollutant Discharge Elimination System (TPDES) Stormwater Permit Application to the Texas Commission on Environmental Quality (TCEQ) formally known as the TNRCC. The City of Laredo’s Municipal Separate Stormwater Permit expires on April 30, 2003 and is required to submit the permit application before November 1, 2002 or 180 days before the expiration of the permit in order to discharge to the waters of the United States.

28. Authorizing the City Manager to execute a professional services renewal contract with Victor D. Trevino, M.D. to provide public health services to clients of the City of Laredo Health Department for the period beginning September 1, 2002, through August 31, 2003. Funding is available in the State grant budget; MCH-Title V and Women and Children’s Program Division.

29. Consideration to authorize the purchase of three vehicles through the Houston Galveston Area Council of Governments (HGAC)-Cooperative Purchasing Program, in the total amount of $65,193.00. These vehicles will be assigned to the Fire Department’s Arson Division. Delivery is expected within ninety to one hundred days. Funding is available in the 2000-A Public Property Finance Contractual Obligation Bonds (PPFCO).

30. Authorizing the City Manager to enter into a contract with Catholic Social Services of Laredo, Inc. (CSS) in the amount of $120,360.00 to administer the City's Fiscal Year 2003 General Fund Welfare Assistance Program through which rental, utility, burial, transportation, ambulance, and health care assistance is provided to indigent individuals and families residing in the community.  The contract would cover expenditures for the period of October 1, 2002 to September 30, 2003.  Up to $108,360.00 of the General Welfare Funds would be designated for the assistance of indigent individuals and families of low income while $12,000.00 (approx. 10%) would be allocated to cover administrative expenses to include: overhead, wages, and office supplies costs incurred by Catholic Social Services.

XIII. STAFF REPORTS

31. Presentation of City’s NPDES Permit Assessment by the City’s Consultant Carter & Burgess, Inc.

32. Presentation by Nick Reyna, Laredo Convention and Visitors Bureau Director on the activities of the bureau.

33. Status report on the outstanding water utilities reimbursement balance.

34. Status report on the Municipal Court monthly fines, suspensions, collected and uncollected revenues and community service hours used.

XIV. EXECUTIVE SESSION

The City Council hereby reserves the right to go into executive session at any time during this public meeting, if such is requested by the City Attorney or other legal counsel for the City, pursuant to his or her duty under Section 551.071(2) of the Government Code, to consult privately with his or her client on an item on the agenda, or on a matter arising out of such item.

35. Request for Executive Session pursuant to Texas Government Code 551.071(1) (A) to consult with City Attorney regarding pending litigation, Jose Luis Martinez vs City of Laredo, et al, Cause No. L-99-110, in the United States District Court for the Southern District of Texas Laredo Division and Jose Luis Martinez vs City of Laredo, et al, State Cause No. 98-CVQ-00904-D1 (49^th Judicial District, Webb County, Texas) on removal, Federal Cause No. L-98-90, in the United States District Court for the Southern District of Texas Laredo Division and return to open session for possible action.

36. Request for Executive Session pursuant to Texas Government Code 551.071 (1) (A) to consult with City Attorney to discuss pending litigation by some of the residents of Los Obispos Subdivision Styled Villarreal, Martin v. City of Laredo, The Laredo Affordable Housing Corporation, M.G. Builders, and Frank Architects, Inc. Cause No. 2002-CVQ-001299D3 in the 341^st District Court at Webb County, Texas, and return to open session for possible action.

XV. REcess and convene as the Laredo City Water Local Government Corporation

37. Authorizing the President of the Laredo City Water Local Government Corporation (“LWC”) to execute the fourth amendment to the Advanced Authorization To Proceed Agreement (“AATP”) with MWH Americas, Inc. extending this agreement for one year for the purpose of evaluating financial options and identifying and verifying the best location for a secondary source of water.

XVI. ADJOURNMENT

This notice was posted at the Municipal Government Offices, 1110 Houston Street, Laredo, Texas, at a place convenient and readily accessible to the public at all times. Said notice was posted on Wednesday, October 2, 2002 at 7:30 p.m.

Gustavo Guevara, Jr.

City Secretary