CITY OF LAREDO

CITY COUNCIL MEETING

A-2003-R-10

CITY COUNCIL CHAMBERS

1110 HOUSTON STREET

LAREDO, TEXAS 78040

MAY 19, 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

V. COMMUNICATIONS AND RECOGNITIONS

Announcements

Invitations

Recognitions

a. Recognition of Michelle Inocencio, J.W. Nixon High School graduation senior on her award of a 4 year scholarship to Texas A & M for her athletic and academic achievements. Ms. Inocencio is a member of Club Olympia funded by the City of Laredo and 2-time national javelin champion.

Communiqués

a. Presentation of the 2002-2003 cooperative employees participating in the City of Laredo Administrative and Industrial Cooperative Training Programs.

VI. APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES

VII. PUBLIC HEARINGS

1. Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by rezoning Lot 9, Block 351, Eastern Division, located at 114 Lyon Street from B-1 (Limited Commercial District) to B-3 (Community Business 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 the Zoning Ordinance Map of the City of Laredo by authorizing the issuance of a Conditional Use Permit for a child daycare facility on 1.42 acres, as further described by metes and bounds on attached Exhibit “A,” located approximately at 3351 Clark Boulevard; providing for publication and effective date. The Planning and Zoning Commission has recommended approval of the proposed permit.

3. Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by rezoning 2.2882 acres, as further described by metes and bounds on attached Exhibit “A,” located south of Don Camillo Boulevard and west of Highway 83, from R-1A (Single Family Reduced Area 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.

4. Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by rezoning 5.02 acres, as further described by metes and bounds on attached Exhibit “A,” located east of Highway 83 and northeast of the American Towers Plat No. 2 from R-1 (Single Family Residential District) to M-1 (Light Manufacturing District); providing for publication and effective date. The Planning and Zoning Commission has recommended denial of the proposed change.

5. Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by rezoning 42.44 acres, as further described by metes and bounds on attached Exhibit “A,” located approximately at the 2600 block of Del Mar Boulevard, from R-1 (Single Family Residential 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.

6. Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by rezoning Lot 1A, Block 1, Pan American Mobile Home Park Subdivision, located approximately at 4502 Game Creek Boulevard, from AG (Agricultural District) to R-1MH (Single Family Manufactured Housing 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 6.07 acres, as further described by metes and bounds on attached Exhibit “A,” located east of Highway 83 and north of Cielito Lindo Boulevard, from B-1 (Limited Commercial District) to B-4 (Highway Commercial District); providing for publication and effective date. The Planning and Zoning Commission has recommended denial of the proposed B-4 and approval of a B-3 zone change.

8. Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by rezoning 4.6243 acres, as further described by metes and bounds on attached Exhibit “A,” located south of Highway 359 and approximately one and a half miles east of Loop 20, from R-1 (Single Family 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 B-4 and approval of a B-3 zone change.

9. Public hearing and introductory ordinance amending Section 23-3 and Section 23-5 of Chapter 23 (Parks and Recreation) of the Code of Ordinances of the City of Laredo to allow for rate changes in Public Swimming Pool Admission Fees from $0.50 to $0.75 for children and from $0.75 to $1.25 for adults (ages 13 and older), and to provide for the addition of Section 23-6 for New Recreational Fields Facility Fees and Section 23-7 for the creation of user fees for recreational equipment rentals; providing for publication and effective date.

10. Public hearing and introductory ordinance amending the City of Laredo FY 2002-2003 annual budget in the amount of $5,350.00 in additional funds from the Texas Department of Health for the OPHP-Bioterrorism Preparedness Program of the City of Laredo Health Department for the period beginning September 1, 2002 through August 31, 2003.

11. Public hearing and introductory ordinance authorizing the City Manager to accept a grant from the Texas Book Festival in the amount of $2,500.00 and amending the City of Laredo FY 2002-2003 annual budget in the amount of $2,500.00.

12. Public hearing and introductory ordinance authorizing Aleskar Villarreal, d/b/a Villarreal Dumps and Backhoe Service, Inc. a non-exclusive franchise, to construct, maintain and operate a commercial container refuse gathering and disposing service in the City of Laredo, Texas, and providing the terms, conditions, obligations, and limitations upon and under which such franchise shall be exercised; providing indemnity to the City, City retains authority to regulate rates except for rate increases resulting from increased landfill fees which are passed on to the customer; providing for increased service rates; providing for franchise payments; and providing for severability.

13. Public hearing and introductory ordinance authorizing the City Manager to enter into an agreement with the Federal Bureau of Investigation in the amount of $20,609.00 and amending the FY 2002-2003 City of Laredo budget by $1,391.00. The agreement’s purpose is to reimburse costs for overtime incurred by the Laredo Police Department in providing resources for joint operational task forces. The term of this agreement is from October 1, 2002 through September 30, 2003.

14. Public hearing and introductory ordinance amending Section 2-3 of Article I of Chapter 2, Administration, of the Code of Ordinances copies of public information therein set forth, the schedule of charges for copies of public information therein set forth in Sections 111.61-111.71 of the Texas Administrative Code containing the schedule of charges for producing public information under the Public Information Act, Government Code, Chapter 552, Subchapter F.

15. Public hearing and introductory ordinance amending Chapter 19 Motor Vehicle and Traffic, Article VIII, Stopping, Standing or Parking, Section 19-361, controlled access parking lots and Section 19-362, Controlled Access Parking Lot Rates and Hours of Operation, of the Code of Ordinances, City of Laredo: authorizing the establishment of parking rates, enforcement regulations, and hours of operation for all newly acquired City-owned parking lot facilities, providing for effective date and publication.

VIII. GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS

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

1. Update on abandoned homes in District II.

B. Request by Council Member Gene Belmares

1. Report by Roberto Murillo, Traffic Director, on the traffic study on the intersection of Winfield and Alexander Estates.

2. Discussion with possible action on the creation of a dual fuel ordinance providing new homeowners with a true option for natural gas with a presentation by John Hickle. (Co-sponsored by Council Member Hector J. Garcia and Council Member Jose A. Valdez).

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

1. Discussion with possible action regarding the implementation of safety measures to reduce crime rate in District VII to include maintenance by Union Pacific of railroad right-of-way, area lighting, etc.

2. Discussion with possible action regarding status of all park projects in District VII.

3. Discussion with possible action to implement a master plan for the revitalization of San Bernardo Avenue to include widening of sidewalks, trees, etc.

D. Request by Council Member Juan Ramirez

1. Discussion with possible action directing the City Manager to finalize negotiations with Laredo Independent School District in order to allow them to proceed with the construction of McDonnell and Bruni Elementary Schools.

(Recess)

(Press Availability)

IX. INTRODUCTORY ORDINANCES

17. Designating as a one-way northbound and one-way southbound the east side IH-35 frontage road and the west side IH-35 frontage road, respectively, between Loop 20 and Uniroyal Drive, as requested by Texas Department of Transportation, providing for the installation of appropriate signs to indicate one-way traffic in the designated direction and providing for publication and effective date.

18. Adding new Article VIII of Chapter 28 to the Code of Ordinances, consisting of Sections 28.151 to 28.157; providing for definitions; requiring a license agreement in order to install an oil or gas pipeline on public property; providing for an annual public property use fee for location of same and the mode of computing said fee; providing for a one time crossing fee for excavation and installation of a pipeline on a city street and the mode of computation of same; providing for application of a crossing fee for any alteration or removal of a pipeline; providing for publication and effective date.

19. Authorizing the City Manager to execute all necessary documents to effectively convey fee simple title to the “Surface Only”, at its adjusted market value of $24,223.00 of certain property being described as 0.2442 of an acre (10,636.20 sq. ft.), more or less, of a tract of land out of Maryland Avenue between the South right-of-way line of Market Street and 103.75 feet north of the north right-of-way line of Cortez Street to Isabel R. Martinez; provided that the City of Laredo retains a 21 foot wide Storm Drainage and an AEP-CPL easement. Said tract being situated in the Eastern Division, City of Laredo, Webb County, Texas being generally described on the attached exhibit; and providing for an effective date.

20. Adding new Chapter 34 to the Code of Ordinances, consisting of Sections 101-109; providing for definitions; setting forth prohibited financial interest of City officers and City employees; providing for forfeiture if there is a conflict of interest as defined herein; providing for voiding of any contract entered into in violation of this ordinance; providing for relationship to Chapter 171 of the Local Government Code; providing for publication; and providing for effective date.

X. FINAL READING OF ORDINANCES

21.

2003-O-113 Amending the City of Laredo 2002-2003 annual budget by increasing Texas Department’s Health share of program income and expenditures for the Maternal and Child Health Program of the City of Laredo Health Department in the amount of $42,893.00 from ($27,107.00 to $70,000.00) for the period beginning September 1, 2002 through August 31, 2003.

2003-O-115 Amending the City of Laredo FY 2002-2003 annual budget to recognize additional revenues from a grant amendment received from the Federal Aviation Administration being grant offer No. 3-48-0136-33-02 increasing the amount from $41,626.00 to $63,543.00 an increase of $21,917.00 for the purpose of reimbursing the City of Laredo for increased law enforcement services provided by the Laredo Police Department immediately following the tragic event of September 11, 2001 and providing for an effective date. The grant does not require a local match.

2003-O-116 Authorizing the issuance of the City of Laredo, Texas General Obligation Refunding Bonds, Series 2003; approving an official statement; authorizing the execution of a purchase agreement and an escrow agreement; making provisions for the security thereof; establishing procedures for selling and delivering the bonds; and ordaining other matters related to the subject.

2003-O-117 Accepting a grant awarded by the Office of the National Drug Control Policy (ONDCP) High Intensity Drug Trafficking Area (HIDTA) in the amount of $688,313.00 at no cost to the City; and amending the City of Laredo FY 2003 Financial Task Force Budget in the amount of $83,484.00 to fund the Laredo Financial Disruption Task Force and amend the Special Police Budget in the amount of $5,040.00 to fund the STX Multi-Agency Drug Related Corruption Task Force. Funds will be used to pay personnel salaries, travel and operational expenses beginning January 1,2003 through December 31, 2003 and amending the City of Laredo FY 2002-2003 Full-Time Equivalents (FTE’s).

2003-O-118 Amending Article XII, Chapter 19, Division 4, Section 19-601 of the Code of Ordinances; to (1) increase monthly contract parking rate for El Metro Transit Center from $40.00 to $50.00; (2) to increase the refundable key deposit from $10.00 to $25.00, (3) to increase the replacement charge for damaged key from $10.00 to $25.00; and (4) to reduce the advanced payment discount from $80.00 to $50.00 for a lump sum annual payment of $550.00, and providing for effective date and publication.

2003-O-119 Setting a daily rental rate for the El Metro Park & Ride Facility located at 4600 Daugherty for $250.00 for private entities and $180.00 for non-profit organizations; providing for publication and effective date.

2003-O-120 Providing for fare increases for the fixed route transit service as follows: from $.75 to $1.00 for adults and student fare from $.35 to $.50 providing for publication and effective date.

2003-O-121 Authorizing the City Manager to execute a lease with Nextel WIP lease Corporation, d/b/a Nextel Partners, for approximately 559 square feet located at 8711 McPherson Road, Laredo, Webb County, Texas, and being more fully described in Exhibit “A” of lease agreement for the construction and operation of its communications equipment facility. Term of the lease is fifty-two (52) months commencing June 20, 2003 and ending October 20, 2007 with four (4) successive renewal terms of five (5) years. Annual base rent shall be $4,200.00 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 an effective date.

XI. RESOLUTIONS

22. 2003-R-013 Amending the composition of the Metro Government Committee to include members from Laredo Independent School District, United Independent School District, Laredo Community College, Texas A&M International University, and the County of Webb for the purpose of improving the lines of communication between local authorities on issues affecting the community; and adopting the Metro Government Committee charge as described in the attached document.

23. 2003-R-054 Authorizing the City Manager to execute a contract with Dr. Dennis Cantu to remain as Medical Director/Supervisor for the Laredo Fire Department Emergency Medical Services Division for pre-hospital care of the City of Laredo.

24. 2003-R-055 Accepting the donation of the “Surface Only” of a 0.1546 of an acre, more or less, parcel of land, and a 1.0875 acre, more or less, parcel of land, as a Sanitary Sewer Easement, from Tanquecitos Land and Cattle Company, Ltd., a Texas Limited Partnership, and Three G’s, a Texas General Partnership, for the extension of sewer service lines to the Tanquecitos South Acres I Subdivision. Said two parcels of land being situated in Porcion 31, Abstract 3116, City of Laredo, Webb County, Texas; being generally described below, and more particularly described by metes and bounds on attached Exhibits “A & B”.

Tract I- Being a tract of land containing 0.01546 acres, more or less, situated in Porcion 31, Abstract 3116, Jose Trevino, Original Grantee, Webb County, Texas. Said 0.01546 acre tract being out of Tanquecitos Land and Cattle Company Ltd. Tract I called to contain 164.2018 acres as per deed dated August 1, 1980, and recorded in Volume 624, Page 313, Deed Records of Webb County, Texas.

Tract II- Being a tract of land containing 1.0875 acres, more or less, situated in Porcion 31, Abstract 3116, Jose Trevino, Original Grantee, Webb County, Texas. Said 1.0875 acre tract being out of Tanquecitos Land and Cattle Company Ltd.,. Tract I called to contain 164.2018 acres as per deed recorded in Volume 306, Pages 313-318, Official Public Records of Webb County, Texas.

XII. MOTIONS

25. Authorizing the City Manager to execute a professional services contract with Structural Engineering Associates, Inc. (SEA), in the amount of $49,000.00 for engineering services to provide feasibility studies for a bridge ramp from Santa Ursula to the former import lot parallel and adjacent to the Rio Grande. Funding is available in the 2002 CO Issue.

26. Approval of a contract with Miller & Van Eaton, P.L.L.C., to provide legal services to the City of Laredo in connection with advice regarding telecommunications regulation, procurement, cable television regulation and deployment on international cross border communication issues. The contract term for this engagement is October 1, 2002 through September 30, 2004; and not to exceed $50,000.00. Funding is available in General Fund.

27. Consideration to rescind the contract awarded on April 21, 2003, to Video Service of America, Lincoln, NB, in the amount of $15,482.00 for the purchase of a studio camera and authorizing the purchase of this same camera from the second bidder, Visual Interactive, Houston, TX, in the amount of $16,204.00. Video Service of America was unable to furnish the camera as specified. Funding is available in the Public Access Channel Fund.

28. Consideration to authorize the purchase of one (1) dump truck for cemetery operations through the Houston Galveston Area Council of Governments (HGAC) Cooperative Purchasing Program, in the total amount of $46,393.00. Delivery is expected within ninety to one hundred twenty days. Funding is available in the 2002 PPFCO bond budget.

29. Consideration to exercise the renewal contract option for one additional year for the following annual contracts for repair parts and service for the heavy equipment fleet, sweepers, motorcycle, and lawn maintenance: Rush Truck Center of Laredo, Texas (FY 02-078) in the estimated amount of $50,000.00; Industrial Disposal Supply, San Antonio, Texas, (FY02-080) in the estimated amount of $25,000.00; Corpus Christi, Texas (FY02-079) in the estimated amount of $25,000.00; and RPM Parts & Small Engine, Laredo, Texas (FY02-076) in the estimated amount of $5,000.00. All parts will be purchased on an as needed basis. The contract vendor for motorcycle parts, Corpus Christi Harley-Davidson, recently opened a store in Laredo. All parts and services for our motorcycle fleet will be purchased from the Laredo store. Funding is available in the Fleet Maintenance budget.

30. Consideration to award annual supply contracts (FY03-075) to the low bidders, Arguindegui Oil Company, Laredo, Texas, in the estimated amount of $20,025.00, Lone Star Lubricants, Laredo, Texas, in the estimated amount of $14,700.00, Leyendecker Oil, Inc., Laredo, Texas, in the estimated amount $5,325.60, and Oil Patch Petroleum Company, Laredo, Texas, in the estimated amount $2,850.00 for the purchase of lubricants for the Fleet Maintenance Division. The bid pricing will be firm for a one-year period and all items will be purchased on an as needed basis. Funding is available in the Fleet Maintenance Fund.

31. Consideration to award a four-year copier rental contract (FY03-018) to Office Communication Systems (OCS), Laredo, Texas, in the estimated annual amount of $135,162.72. The contract vendor will provide seventy-four new copiers for all City operations. This vendor is being recommended by the Copier Evaluation Committee. This vendor has proposed the lowest cost per copy and is providing high quality digital copiers. The cost per copy of $0.019980 will include the use of the copier, a maintenance agreement, and all consumable supplies (toner, developers) during the three-year period. The digital copiers can also function as laser printers with optional features, as fax machines and scanners. These copiers will be delivered within thirty days. The new contract pricing is approximately 40% less than the previous contract pricing. Funding is available in the respective departmental budgets.

32. Consideration to award contract number FY03-057 to the sole bidder, Landfill Service Corporation, Apalachin, NY, in the amount of $253,803.12 for a two-year contract providing the equipment and materials for an alternative daily cover system for the landfill operation. The system utilizes a spray applied, fiberized, cement mortar which includes the use of recycled materials to replace the use of limited onsite natural soils currently used by the City to cover the waste on a daily basis with a minimum of six inches of compacted soil. This is approximately 1,500 cubic yards of soil at a minimum of six inches thick. This system uses approximately one quarter inch of material and will further reduce the overall need for soil for cover. This results in an increased cell capacity for future solid waste disposal and significant cost savings in heavy equipment and manpower. Funding is available in the Solid Waste Fund.

33. Awarding a construction contract to the lowest bidder Price Construction, Ltd., Big Springs, Texas, in the amount of $1,912,549.00 for the construction of the SH 359 work order #1 wastewater trunk line from Chacon Creek to Los Altos Project, subject to the approval of the Texas Water Development Board. Work order #1 consists of installing a 24” PVC piping to provide a new wastewater trunk line from the existing 36” sanitary sewer collector near Chacon Creek to Los Altos along the Tex-Mex R.O.W. The construction time is 330 calendar days. Funding is available in the Colonias Construction Fees.

34. Amending the Tax Abatement Agreement between the City of Laredo and Lack’s Valley Stores, Limited, a/k/a Laredo Lacks, Limited, by making minor modifications with all substantive terms and conditions remaining unchanged.

35. Approval of monthly adjustments to the tax roll. The amount to be adjusted for the month of April 2003, represents an increase of $9,772.22. These adjustments are determined by Webb County Appraisal District and by court orders.

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

a. A refund in the amount of $2,827.75 payable to Laredo Cargo, Inc. due to an over payment by Laredo Cargo, Inc. on account #942-80008-050.

b. A refund in the amount of $1,545.44 payable to Killam Industrial Development Partnership Ltd., due to an over payment by Neel Title Corporation. Account #972-92015-080.

c. A refund in the amount of $1,750.49 payable to Killam Industrial Development Partnership Ltd., due to an over payment by Killam Industrial. Gaeli Enterprise had previously paid the tax. Account #972-92015-050.

d. A refund in the amount of $2,429.96 payable to Whataburger of Alice, Inc. due to a double payment. Account #922-20001-030.

e. A refund in the amount of $1,956.11 payable to Killam & Hurd c/o LB Walker and Associates due to a Webb County Appraisal District change of value certified by the Appraisal Review Board. Clerical Error 25.25. Supp 8 Cause #2002-8282. Account #801-11098-100.

f. A refund in the amount of $517.31 payable to Wang Ping Wen & Chen Hui Chen due to a Webb County Appraisal District change of value certified by the Appraisal Review Board. Clerical Error 25.25 (Correction on Improvements). Supp 8, Cause #2002-4670. Account #985-60005-150.

g. A refund in the amount of $1,811.66 payable to Vaquillas Development, Ltd., c/o Walker Plaza Building due to a Webb County Appraisal District change of value certified by the Appraisal Review Board. Double assessed property. Supp. 9, Cause #2002-5428,5427. Account #900-90311-137.

h. A refund in the amount of $4,021.35 payable to Rudolf Hess due to a Webb County Appraisal District change of value certified by the Appraisal Review Board. Double assessed property. Supp. 9, Cause #2002,5428,5427. Account #924-01008-100.

i. A refund in the amount of $678.08 payable to First Nationwide Mortgage due to a double payment. Account #970-10009-030.

j. A refund in the amount of $564.58 payable to Ana I. Jones Due to a double payment . The taxes were paid by the tax payer and by Wells Fargo. Account #985-40002-120.

XIII. STAFF REPORTS

37.

A. Status report by Rick Johnson, Director of Operations for United Water regarding privatized water and wastewater operations.

B. Staff report regarding designation of drug and weapon free zones

C. Providing recommendation regarding the recent wage study for Pay Grades R22 through R25, with possible action.

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.

XV. RECESS AS THE LAREDO CITY COUNCIL AND CONVENE AS THE LAREDO MASS TRANSIT BOARD

38. Consideration to accept from the Island Transit System of the City of Galveston, Texas, one 45’ 1992 Flexible CNG coach at no cost to the City of Laredo, for which that city does not have the required CNG to use it on Galveston Island.

XVI. RECESS AS THE LAREDO MASS TRANSIT BOARD AND RECONVENE AS THE LAREDO CITY COUNCIL

XVII. 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, May 14, 2003 at 6:30 p.m.

Gustavo Guevara, Jr.

City Secretary