CITY OF LAREDO

CITY COUNCIL MEETING

A-2003-R-04

CITY COUNCIL CHAMBERS

1110 HOUSTON STREET

LAREDO, TEXAS 78040

FEBRUARY 18, 2003

5:30 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 December 2, 2002 and January 7, 2003.

 

V.        COMMUNICATIONS AND RECOGNITIONS

 

Announcements

 

Invitations

 

Recognitions

 

Communiqués

 

VI.       APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES

a.      Appointment by Council Member Alfredo Agredano of Martha L. Martinez to the Laredo Women’s Commission.

 

VII.      PUBLIC HEARINGS

 

1.               Public hearing and introductory ordinance amending the City of Laredo FY 2002-2003 annual budget by appropriating revenues and expenditures in the amount of $94,409.00 from the South Texas Development Council for the HIV/AIDS Housing Opportunities for Persons with AIDS Project (HOPWA) of the City of Laredo Health Department for the period beginning February 1, 2003 through January 31, 2004.

 

2.               Public hearing and introductory ordinance authorizing the City Manager to accept a grant from Texas Parks & Wildlife in the amount of $75,200.00 with a 20% local match from Community Development Block Grant for the construction of a portion of the Chacon Creek Trail and amending the City of Laredo Fiscal Year 2002-2003 Capital Improvements Projects Fund annual budget by appropriating revenues of $94,000.00 from the Texas Parks and Wildlife Grant ($75,200.00) and a contribution from Community Development ($18,800.00) and appropriating expenditures in the amount of $94,000.00 for the construction of a portion (7,000 linear feet) of the Chacon Creek Hike and Bike Trail.

 

3.               Public hearing and introductory ordinance authorizing the City Manager to amend the City of Laredo’s FY 2002-2003 Full Time Equivalent (FTE) positions by creating twenty-four (24) Firefighter/Cadet positions for Fire Station #14 located at Cielito Lindo Subdivision.

 

4.               Public hearing and introductory ordinance authorizing the City Manager to enter into an Adopt-A-Park agreement with community organizations for the purpose of gaining active support from the community in beautifying our city parks and authorizing the City Manager to accept $3,000.00 donations yearly and/or improvements in lieu of from organizations participating in the Adopt-A-Park program and amend the City Of Laredo Fiscal Year 2003 General Fund budget by appropriating $18,000 in revenues and appropriating $18,000 in expenditures for yearly maintenance and improvements at adopted park sites.

 

5.               Public hearing and introductory ordinance amending the contents of Section 24-63.2, Section 24-65.14, and Appendix A, of the Laredo Land Development Code, in order to establish regulations and performance standards governing amusement redemption machine establishments; providing for publication and effective date.  The Planning and Zoning Commission has recommended approval of the proposed ordinance amendment including two revisions.

 

6.               Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by rezoning 12.41 acres, as further described by metes and bounds on attached Exhibit “A”, located east of McPherson Road and north of University Park Subdivision, from R-1 (Single Family Residential Area) to B-3 (Community Business District); providing for publication and effective date.  The Planning and Zoning Commission has recommended approval of the proposed zone change.

 

7.               Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by rezoning 1.05 acres, as further described by metes and bounds on attached Exhibit “A,” located east of McPherson Road and north of International Boulevard, from R-2 (Multifamily Residential District) to B-1 (Limited Commercial District); providing for publication and effective date.  The Planning and Zoning Commission has recommended approval of the proposed zone change.

 

8.               Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by rezoning 1.01 acres, as further described by metes and bounds on attached Exhibit “A,” located east of McPherson Road and south of Shiloh Commercial Subdivision, from R-2 (Multifamily Residential District) to B-1 (Limited Commercial District); providing for publication and effective date.  The Planning and Zoning Commission has recommended approval of the proposed zone change.

 

9.               Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by rezoning Lot 721, Block 44, and Lot 1, Block 44A, Del Mar Hills Subdivision, Section 2-A, Area “C”, located at 555 Del Mar Boulevard, from RS (Residential Suburban District) to R-1 (Single Family Residential District); providing for publication and effective date.  The Planning and Zoning Commission has recommended approval of the proposed zone change.

 

10.           Public hearing and introductory ordinance amending Ordinance No. 2000-O-012 authorizing the issuance of a Conditional Use Permit to Ricardo Paredes for a welding shop on Lot 1, Block 22, Moreno Addition, located at 1417 Harding Avenue, by renewing the terms of the Conditional Use Permit; providing for publication and effective date.  The Planning and Zoning Commission has recommended denial of the proposed permit renewal.

 

11.           Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by authorizing the issuance of a Conditional Use Permit to the City of Laredo for the International Bridge I facility on all of Blocks L, M, N, and 21 and Lots 6C, 7C, 8C, 9C & 10, Block 22, Western Division and that portion of Water Street between Juarez Avenue and Flores Avenue and that portion of Convent Avenue between Ventura Street and Zaragoza Street, and that portion of Salinas Avenue between Ventura Street and Water Street commonly known as International Bridge I; providing for publication and effective date.  The Planning and Zoning Commission has recommended approval of the proposed permit.

 

12.           Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by rezoning 20.70 acres, as further described by metes and bounds on attached Exhibit “A,” located west of McPherson Road between Monarch Drive and San Isidro Parkway, from AG (Agricultural District) to B-3 (Community Business District); providing for publication and effective date.  The Planning and Zoning Commission has recommended approval of the proposed zone change.

 

13.           Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by rezoning 8.22 acres, as further described by metes and bounds on attached Exhibit “A,“ located east of McPherson Road and south of San Isidro Parkway, from AG (Agricultural District) to B-3 (Community Business District); providing for publication and effective date.  The Planning and Zoning Commission has recommended approval of the proposed zone change.

 

14.           Public hearing and introductory ordinance amending Chapter 12 Article IV of the Code Of Ordinances City of Laredo, Texas by adding Section 6 to waive the Fee of $45.00 for request for foster home fire inspection services and life safety inspections, within the corporate limits of the City of Laredo, Texas; providing for publication and effective date.

 

VIII.     GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS

 

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

                                                                        1.      Discussion with possible action regarding traffic control on Highway 59 during the WBCA Carnival and Jalapeño Festival events for residents of Heritage Park, Fiesta Loop and San Jose.      

 

B.        Request by Council Member Johnny Amaya

1.        Discussion with possible action on the status of the traffic study for Buena Vista area.

2.        Discussion with possible action on the activation of the traffic light at San Francisco and Jefferson.   

                       

                        C.        Request by Council Member Eliseo Valdez, Jr.

1.      Discussion with possible action on expediting the process for the Bartlett extension project to create much needed relief for McPherson and Loop 20 North and South traffic circulation during peak traffic hours.

         

(Recess)

(Press Availability)

 

IX.       INTRODUCTORY ORDINANCES

 

16.        Authorizing the City Manager to execute a lease with Texas Migrant Council for approximately 1,600 square feet constituting Suite 8 of Building 134 located at 4603 Maher Avenue at the Laredo International Airport.  Lease term is for two (2) years commencing on November 1, 2002 and ending on October 31, 2004.  Monthly rent shall be $1,850.00 and will be adjusted annually according to changes in the consumer price index; providing for effective date.

 

17.        Authorizing the City Manager to execute a lease with Texas Migrant Council Child Care Management Services (CCMS) for approximately 5,732 square feet of office space constituting Suites 1, 3, 4 and 5 of Building No. 134 located at 4603 Maher Avenue.  Lease term is for two (2) years commencing on December 1, 2002 and ending on November 30, 2004.  Monthly rent shall be $5,732.00 and will be adjusted annually according to changes in the consumer price index; providing for an effective date.

 

18.        Authorizing the City Manager to execute a lease with Gearbuck Aviation Services for approximately 400 square feet constituting Building No. 124 located at 4603 Maher Avenue-Rear at the Laredo International Airport.  Lease term is for three (3) years commencing on February 1, 2003 and ending on January 31, 2006.  However, it is agreed by the parties that the lease may be terminated by either party upon giving a thirty (30) day written notice from the party terminating to the other.  Monthly rent shall be $500.00 and will be adjusted annually according to changes in the consumer price index; providing for an effective date.

 

X.        FINAL READING OF ORDINANCES 

19

 
 

2003-O-036   Amending the City of Laredo Fiscal Year 2002-2003 NPDES Fund Budget by appropriating the opening balance.  The amendment will draw down $136,663.00 from the NPDES unaudited opening balance and appropriate said funds.

 

2003-O-037   Amending the City of Laredo FY 2002-2003 Annual Budget in the amount of $115,000.00 and appropriating such sum from a grant awarded to the City of Laredo Utilities Department by the Environmental Protection Agency. Funds will be used to partially pay the cost of a Vulnerability Assessment of the water system.  (As amended)

 

2003-O-038   Amending Section 13-39, Fees, of Division 2 License, of Article II, Food Products Establishments of Chapter 13 (d), Food and Food Products, of the City of Laredo Code of Ordinances to exempt the fee of $25 .00 for request for inspection services for foster homes;  providing for publication and effective date.

 

2003-O-039   Authorizing the City Manager to execute a lease with the Washington’s Birthday Celebration Association, Inc., for approximately fifteen (15.0) acres of concrete ramp located on the southwest cargo ramp of the Air operations area of the Laredo International Airport.  Lease term is for two (2) days commencing on February 22, 2003 and ending on February 23, 2003.  City Council finds and declares that a valid public purpose would be served in setting the daily rental fee at $1.00; providing for an effective date.

 

2003-O-040   Amending Chapter 19, Motor Vehicle and Traffic, Article VIII, Stopping, Standing or Parking, Section  19-364 (2), restricted parking areas, of the Code of Ordinances, City of Laredo, to exclude the 600 block of Farragut Street as a No Parking Anytime/Tow Away Zone providing for effective date and publication.

 

2003-O-041   Closing as public easement that section of the 1100 block of India Avenue between Guadalupe and Chihuahua Streets situated in the Eastern Division, City of Laredo, County of Webb, Texas; and providing for an effective date.

 

2003-O-042   Closing as public easements the following street sections:

a.      The 100 block of North Seymour Avenue between Mercer and Green Streets.

b.      The 100 block of North Loring between Mercer and Green Streets;

Situated in the Eastern Division, City of Laredo, county of Webb, Texas, and providing for an effective date.

XI.       RESOLUTIONS

 

20.  2003-R-014        Consideration to  authorize the City Manager to sell one (1) 1988 GMC extended cab pick-up truck in the amount of $1,000.00 to the Fire Department of Nuevo Laredo, Tamaulipas, and to donate one (1) 1990 unsalvageable Chevrolet Corsica to the Volunteer Fire Department of San Miguel de Allende, Guanajuato.

 

21.  2003-R-016        Accepting the donation of the “Surface Only” of a 22.17 acres, more or less, parcel of land as a Drainage Easement from the Texas Mexican Railway Company for the construction of enhanced drainage improvements in the City Landfill area.  Said parcel of land being situated in Porcion 31, Jose Trevino Abstract 3116, City of Laredo, Webb County, Texas; being generally described below, and more particularly described by metes and bounds on attached Exhibit “A,” as a strip of land containing 22.17 acres, more or less, situated in Porcion 31, Jose Trevino Abstract 3116, Webb County, Texas.  Being out of that certain 200.00 acre tract owned by the Texas Mexican Railway Co. dated November 30, 1976, and recorded in Volume 526, Page 16, Deed Records, Webb County, Texas.

 

22.  2003-R-017        Authorizing the City Manager to submit to the United States Foreign-Trade Zones Board an application for a temporary boundary modification on behalf of Transmaritime, Inc., requesting a transfer of Foreign-Trade Zone designation status from the Laredo International Airport known as Site No. 1 to the Transmaritime, Inc., facility to be designated as Site No. 9.  The temporary boundary modification, if approved by the Foreign-Trade Zones Board, will transfer Foreign-Trade Zone status (designation only) of one (1) acre from the Laredo International Airport, Site No. 1 to the Transmaritime, Inc., facility located at 22219 Mines Road.

 

XII.      MOTIONS

 

23.           Consideration to change the regularly scheduled City Council meeting of March 17, 2003 to March 24, 2003 due to the annual trip to Washington, D.C.

 

24.           Authorizing the City Manager to execute a five (5) year Collective Bargaining Agreement between the City of Laredo and the Laredo Officers Association effective October 1, 2002 through September 30, 2007.

 

25.           Authorizing the City Manager to negotiate a contract with Recycle America for recycling computers and other e-waste collected from two e-waste collection events.

 

26.           Consideration for approval of consultant and of a professional services contract with Foster Engineering Company, Laredo, Texas, for an amount not to exceed $21,000.00 for surveys, design and preparation of plans and specifications for the CDBG Sidewalks City-Wide Project No. 21 (30 Blocks).  Funding is available in the Community Development Block Grant.

 

27.           Consideration for approval of consultant and of a professional services contract with TEC Engineers & Consultants, Inc., Laredo, Texas, for an amount not to exceed $21,000.00 for surveys, design and preparation of plans and specifications for the CDBG Sidewalks City-Wide Project No. 22 (30 Blocks).  Funding is available in the Community Development Block Grant.

 

28.           Consideration for approval of consultant and of a professional services contract with Arcadis, Laredo, Texas, for an amount not to exceed $18,900.00 for surveys, design and preparation of plans and specifications for the CDBG Sidewalks City-Wide Project No. 23 (27 Blocks).  Funding is available in the Community Development Block Grant.

 

29.           Consideration for approval of consultant and of a professional services contract with Harry Jewett Associates, Laredo, Texas, for an amount not to exceed $21,000.00 for surveys, design and preparation of plans and specifications for the CDBG Sidewalks City-Wide Project No. 24 (30 Blocks).  Funding is available in the Community Development Block Grant.

 

30.           Consideration for approval of change order no. 2 a decrease of $6,285.75 for the balance of quantities actually constructed in place, acceptance of the CDBG Sidewalks City-Wide Project No. 19B, and approval of final payment in the amount of $57,479.45 to Triple A Concrete, Inc., Laredo, Texas.  Final contract amount is $205,522.25.  Funding is available in the Community Development Block Grant - Sidewalks.

 

31.           Consideration for approval of change order no. 1 an increase of $46,860.50 to the construction contract with Cutler Repaving, Inc., Lawrence, Kansas, for the 2002-2003 Street Recycling Project (204.5 blocks) to add approximately eight (8) blocks of McPherson Avenue from Saunders Street north to Canal Street to the recycling project and to add five (5) working days to the construction contract time.  Funding is available in the  McPherson Widening Project.

 

32.           Consideration to approve the selection of a consultant for the Eleden Recreational Facility and to authorize staff to negotiate a professional services contract with the selected consultant.  Funding is available in the Eleden Recreation Center Project.

 

33.           Consideration to award a professional services contract to Drash Consulting Engineers, Inc., Laredo, Texas, for an amount not to exceed $42,755.00 to provide laboratory, sampling and testing services of materials for quality control for the Laredo International Airport Northeast Cargo Apron and Access Road.  Funding is available in Grant #32, Cargo Apron Testing Fees.

 

34.           Authorizing the City Manager to enter into a contract and to award 27th Action Year Community Development Block Grant Funds made available by the U.S. Department of Housing and Urban Development in the amount of $50,000.00 to the Laredo Homeless Coalition, Inc., for the rehabilitation of the building located at 815 Hidalgo owned by the Bethany House to include repairs to the existing roof structure, plumbing, electrical system, and other general improvements contingent upon final environmental clearance from the State Historic Preservation Office (SHPO).

 

35.           Authorizing the City Manager to enter into contract and award 2002 Emergency Shelter Grant Funds (ESG) made available by the U.S. Department of Housing and Urban Development in the amount of $30,000.00 to Bethany House for Homeless Prevention Assistance.

 

36.           Authorizing the City Manager to enter into contract and award 2002 Emergency Shelter Grant Funds (ESG) made available by the U.S. Department of Housing and Urban Development in the amount of $75,000.00 to the The Laredo Homeless Coalition for shelter operations of a Homeless Shelter and $45,000.00 for the rehabilitation of the same for a total of $120,000.00 contingent upon final clearance from the State Historic Preservation Office (SHPO)

 

37.           Authorizing the City Manager to execute a professional services contract with Montgomery Watson Harza in the amount of $238,173.00 for a Vulnerability Assessment of infrastructure security for the water system. 

 

38.           Approving monthly adjustments to the tax roll. The amount to be adjusted for the month of January 2003, represents an increase of $21,418.48.  These adjustments are determined by Webb County Appraisal District and by court orders.

 

39.           Refund of property tax to the following taxpayers and companies:            

a.             A refund in the amount of $729.02 payable to Raul & Zulema Salazar due to a double payment for the year 2002. International Bank of Commerce and Border Title both paid. Account #969-40001-080.

b.             A refund in the amount of $541.42 payable to Chase Manhattan Mortgage/Loan Transfer, Attn: Suzanne Oaks.  Payment was applied to the wrong account.  Account #107-00316-011.

c.              A refund in the amount of $528.39 payable to Countrywide Home Loans Attn: Tax Dept-SV24 due to a double payment. Account was paid by Countrywide and by owner.  Account #985-40004-120.

d.             A refund in the amount of $649.45 payable to Countrywide Home Loans/Attn: Tax Dept-SV24 due to a double payment. Account was paid by Countrywide and by owner.  Account #439-00789-070.

e.             A refund in the amount of $1,929.12 payable to Countrywide Home Loans/Attn: Tax Dept-SV24 due to a double payment. Account was paid by Countrywide and by owner.  Account #927-10009-090.

f.                A refund in the amount of $897.06 payable to Countrywide Home Loans/Attn: Tax Dept-SV24 due to a double payment. Account was paid by Countrywide and by owner.  Account #991-20003-210.

g.             A refund in the amount of $1,030.23 payable to Countrywide Home Loans/Attn: Tax Dept-SV24 due to a double payment. Account was paid by Countrywide and by owner.  Account #987-20001-100.

h.              A refund in the amount of $2,398.68 payable to Countrywide Home Loans/Attn: Tax Dept-SV24 due to a double payment. Account was paid by Countrywide and by owner.  Account #439-00783-030.

i.                A refund in the amount of $641.63 payable to Countrywide Home Loans/Attn: Tax Dept-SV24 due to a double payment. Account was paid by Countrywide and by owner.  Account #989-00001-260.

j.                A refund in the amount of $610.89 payable to Countrywide Home Loans/Attn: Tax Dept-SV24 due to a double payment. Account was paid by Countrywide and Webb Title.  Account #980-30002-103.

k.              A refund in the amount of $810.87 payable to Countrywide Home Loans/Attn: Tax Dept-SV24 due to a double payment. Account was paid by Countrywide and Border Title.  Account #985-60005-360.

l.                A refund in the amount of $551.84 payable to Joshua & Laura Gallagher. Account was paid in error by Mrs. Gallagher.  Account #983-30001-060.

m.           A refund in the amount of $627.23 payable to ABN Amro Mortgage Group, Inc.  Account was paid by Amro Mortgage and owner. Account #549-01268-040.

n.              A refund in the amount of $2,687.97 payable to Laredo National Bank. Account was paid in error by Laredo National Bank.  Account #968-81001-010.

o.             A refund in the amount of $707.14 payable to Wells Fargo Real Estate Tax.  Account was paid by Border Abstract and Wells Fargo Real Estate Tax. Account #909-00022-368.

p.             A refund in the amount of $629.90 payable to Wells Fargo Real Estate Tax.  Account was paid by Border Abstract and Wells Fargo Real Estate Tax.  Account #980-60003-080.

q.             A refund in the amount of $623.09 payable to Wells Fargo Real Estate Tax.  Account was paid by owner and Wells Fargo Real Estate Tax. Account #969-30008-280.

r.               A refund in the amount of $1,714.36 payable to Wells Fargo Real Estate Tax Account was paid by Neel Title Company & Wells Fargo Real Estate Tax.  Account #983-00003-220.

s.              A refund in the amount of $1,030.70 payable to Avelino Cisneros, Jr. & Diana Cisneros. The taxes were paid by  Border Title and Nets Electronic. Account #909-40003-110.

t.                A refund in the amount of $714.52 payable to Luis R. Delgado & Ethel E. Rodriguez. Both the tax payer and the mortgage company paid on this account.  Account #986-00007-504.

u.              A refund in the amount of $753.49 payable to Ricardo & Annabell Perales.  Account was paid by Neel Title Company & GMAC Mortgage. Account #909-00038-644.

v.              A refund in the amount of $1,463.47 payable to Rene Fernando & Melissa Y.  Cruz. Account was paid by Owner and Fifth Third Bank. Account #991-00014-050.

w.            A refund in the amount of $666.10 payable to Henri David & Jo Ann Kahn.  Account was paid by Owner and 1st Nationwide Mortgage.  Account #970-10006-020.

x.              A refund in the amount of $5,462.28 payable to International Bank of Commerce due to a Webb County Appraisal District change of value certified by Appraisal Review Board. Clerical Error 25.25 (D) Appraised value exceeds by more than one-third the corrected appraised value. Supp. 6 Cause #2002-8264.  Account #801-09022-104.

 

XIII.     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.

 

40.           Request for Executive Session pursuant to Texas Government Code  551.071 (1) (A) to consult with City Attorney regarding pending litigation, namely, Civil Action No. L02 CV 21, City of Laredo, Texas v. United States General Services Administration; Administrator Stephen A. Perry, in his official and individual capacities; et. al.; in the United States District Court for the Southern District of Texas, Laredo Division; and Cause No. 2002-CVQ-001309-D2; City of Laredo, Texas v. Texas Transportation Commission; Commissioner of Transportation, John W. Johnson, in his official and individual capacities; et al; in the 111th District Court of Webb County, Texas; and return to open session for possible action.

 

XIV.     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 February 12, 2003 at 5:30 p.m.

                                                                       

 

                                                                                                                                    _________________

                                                                                                                                    Gustavo Guevara, Jr.

                                                                                                                                    City Secretary