CITY OF LAREDO

CITY COUNCIL MEETING

A-2004-R-07

CITY COUNCIL CHAMBERS

1110 HOUSTON STREET

LAREDO, TEXAS 78040

APRIL 19, 2004

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

 

Communiqués

 

VI.       APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES

             

a.      Appointment by Council Member Juan Ramirez of Ricardo Tenorio to the Ad Hoc Vehicles for Hire Committee.

 

b.      Appointment by Council Member Juan Ramirez of Alberto Martinez to the Telecommunications Committee.

 

VII.             PUBLIC HEARINGS

 

1.             Public hearing and introductory ordinance amending Section 24-94, of the Laredo Land Development Code, in order to revise the established 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.

 

2.             Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by amending Ordinance No. 2002-O-058 authorizing the issuance of a Conditional Use Permit to David Richter for a concrete batch plant on 5.00 acres, as further described by metes and bounds on attached Exhibit “A” located on the west side of Highway 83 and north of Masterson Road, by extending the terms of the permit two (2) more years; providing for publication and effective date.  The Planning and Zoning Commission has recommended approval of the Conditional Use Permit.

 

3.             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 bar on Lot 1, Block 5, Del Mar Village Subdivision, located at 120 West Village Boulevard; providing for publication and effective date.  The Planning and Zoning Commission has recommended denial of the proposed Conditional Use Permit.

 

4.             Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by rezoning 13.18 acres, as further described by metes and bounds on attached Exhibit “A,” located northeast of Havana Drive from AG (Agricultural 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.

 

5.             Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by rezoning Lot 4, Block 1, Summerwind Subdivision, Unit 1, located north of Jacaman Road and east of Bartlett Avenue, 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 denial of the proposed zone change.

 

6.             Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by rezoning 2.07 acres, as further described by metes and bounds on attached Exhibit “A,” approximately located south of Southgate Boulevard and east of Highway 83 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.

 

7.             Public hearing and introductory ordinance authorizing the City Manager to amend City of Laredo’s FY 2003-2004 annual budget in the amount of $1,250,000.00 to fund a program under U.S. Department of Justice, Office of Community Oriented Policing Services (COPS).  The U.S. Department of Justice will be designating $1,250,000.00 and City of Laredo will be designating $369,250.00 in matching funds within the three-year life of the grant.  Funding will be used to hire 10 additional School Resource Officers (SRO).  The funding for this grant will be from September 1, 2002 through August 31, 2005.  The City of Laredo 2003-2004 Full Time Equivalents will be amended by the addition of 10 Grade 71 Cadet Police Officers.

 

8.             Public hearing and introductory ordinance amending the City of Laredo FY 2003-2004 Capital Improvement Project Fund budget by appropriating revenues and expenditures in the amount of $12,660.00 for the school flasher/beacon program.  Revenues consists of contributions from Laredo Independent School District (LISD) in the amount $3,165.00 and United Independent School District (UISD) in the amount of $9,495.00.

 

9.             Public hearing and introductory ordinance establishing a 15% penalty on the 2003 delinquent tax accounts as of July 1, 2004; to defray costs of collection pursuant to section 33.07 (a) of the Texas State Property Tax Code; providing for publication and effective date.

 

10.        Public hearing and introductory ordinance authorizing the City Manager to execute a two (2) year lease agreement between the City of Laredo and the Laredo Amateur Boxing Club, Inc., for use of the “Orlando and Gaby Canizales Boxing Gym” located at 1610 Guadalupe Street, as described on attached Exhibit “A,” for an annual rent fee of $1.00; and providing for an effective date.

 

11.        Public hearing and introductory ordinance amending the City of Laredo FY 2003-2004 annual budget by decreasing revenues and expenditures in the amount of $15,479.00 to reflect the actual grant amount of $28,053.00 from the Texas Department of Health for the Texas-Tamaulipas Border States Birth Defects Project:  Neural Tube Defects (NTD) Pilot Project in Los Dos Laredos of the City of Laredo Health Department for the period beginning April 1, 2004, through August 31, 2004; and authorizing the City Manager to amend the City of Laredo’s FY 2003-2004 Full-Time Equivalent Position by  including .27 Health Educator position. 

 

12.        Public hearing and introductory ordinance amending the City of Laredo FY 2003-2004 annual budget by increasing revenues and expenditures in the amount for the $20,000.00 from the Texas Department of Health for the Office of Border Health:  Buena Vida Project of the City of Laredo Health Department for the period beginning April 1, 2004, through August 31, 2004. 

 

13.        Public hearing and introductory ordinance amending the City of Laredo FY 2003-2004 annual budget by increasing revenues and expenditures in the amount of $4,995.00 in additional funds from the Texas Department of Health for the Office of Border Health:  HIV Awareness Project of the City of Laredo Health Department for the period beginning April 1, 2004, through August 31, 2004.   

 

14.        Public hearing and introductory ordinance amending the City of Laredo FY 2003-2004 annual budget by increasing revenues and expenditures in the amount of $3,500.00 in additional funds from the Texas Department of Health for the Office of Border Health: Environmental Epidemiological Study Project of the City of Laredo Health Department for the period beginning April 1, 2004, through August 31, 2004.  

 

15.        Public hearing and introductory ordinance amending the City of Laredo FY 2003-2004 annual budget by increasing revenues and expenditures in the amount of $2,000.00 from the Texas Department of Health for the Office of Border Health:  Tuberculosis Directly Observed Therapy (DOT) Project of the City of Laredo Health Department for the period beginning April 1, 2004, through August 31, 2004.  

 

16.        Public hearing and introductory ordinance amending the City of Laredo FY 2003-2004 Recreation Fund annual budget by appropriating revenues and expenditures in the amount of $15,000.00 for the administration of recreation programs and authorizing the City Manager to implement said budget amendment. 

 

17.        Public hearing and introductory ordinance amending the City of Laredo FY 2003-2004 Noise Abatement and Airport Construction Funds to recognize additional revenues from two grants received from the Federal Aviation Administration Airport Improvement Program being Grant Project No. 3-48-0136-40-04 in the amount of $6,000,000.00 for acquisition of residential structures, sound insulate residences and acquire navigation easements; and Grant Project No. 3-48-0136-41-2003 in the amount of $4,276,134.00 for construction of Engineered Materials Arresting System for Runway 35L, rehabilitate portion of Taxiway System and construct cargo pads at the Laredo International Airport; and  appropriating said grant revenue in the Noise Abatement and Airport Construction Funds and local match in the amount of $540,850.00 from the Airport opening fund balance to the appropriate expenditure accounts; and authorizing the City Manager to implement said budget amendment. 

 

18.        Public hearing and introductory ordinance authorizing the City Manager to execute a one (1) year lease agreement between the City of Laredo Parks and Recreation Department and “Escuela de Futbol Soccer America’s Laredo” for use of two (2) soccer fields at the southern area of Father McNaboe Park formerly known as River Oaks Park for a fee of $200.00 per month plus the cost of utilities. The primary purpose of this agreement is to institute a soccer program for the youth of Laredo with the understanding that the fields are open for public use during non-programs hours.

 

19.        Public hearing and introductory ordinance accepting a grant and amending the City of Laredo FY 2003-2004 budget by decreasing revenues and expenses in the amount of $16,454.00 to reflect the actual grant amount of $637,267.00 awarded by the Office of the National Drug Control Policy (ONDCP) High Intensity Drug Trafficking Area (HIDTA), at no cost to the city, to fund the Laredo Financial Task Force.  Funds will be used to pay personnel salaries, travel and operational expenses from January 1, 2004 through December 31, 2004.  Accepting a grant and amending the City of Laredo FY 2003-2004 budget by increasing revenues and expenses in the amount of $49,916.00 to reflect the actual grant amount of $99,916.00 awarded by the Office of the National Drug Control Policy (ONDCP) High Intensity Drug Trafficking Area (HIDTA), at no cost to the City, to fund the STX Multi-Agency Drug Related Corruption Task Force. Funds will be used to pay overtime, fringe benefits and operational expenses from January 1, 2004 through December 31, 2004.

 

 

(Recess)

(Press Availability)

 

VIII.     FINAL READING OF ORDINANCES 

 

20.          

 

2004-O-083                       Amending the Zoning Ordinance Map of the City of Laredo by authorizing the issuance of a Conditional Use Permit for a used car lot on Lot 4, Block 236, Western Division, located at 1309 San Dario Avenue; providing for publication and effective date. 

 

2004-O-084                       Authorizing the City Manager to accept a grant in the amount of $10,000.00 from the Texas Department of Transportation for the enforcement of the seat belt law and authorizing the City Manager to decrease the City of Laredo’s FY 03-04 annual budget in the amount of $22,500.00. This grant is for overtime salaries and is funded 100% by the Texas Department of Transportation.

 

2004-O-085                       Authorizing the City Manager to amend the 2003-2004 annual budget in the amount of $5,208.00 for the Laredo Multi-Agency Narcotics Task Force to be used for vehicle maintenance and wrecker fees.  The use of program income was approved by the Office of the Governor Criminal Justice Division through a grant adjustment dated March 19, 2004.

 

2004-O-086                       Public hearing and introductory ordinance authorizing the City Manager to amend the Transit Capital grants budget by appropriating $322,592.00 as a local match, for the Texas Department of Transportation Vehicle Capital Replacement (VCR) Grant in the amount of $610,300.00 for the purchase of three 35 feet CNG buses to total $932,892.00; and reaffirming the City of Laredo intent to participate in the State VCR Program.

 

IX.       RESOLUTIONS

 

21.        2004-R-035     Authorizing the City Manager to submit a grant application to the Texas Automobile Prevention Authority to fund the Laredo Auto Theft Task Force for the period of September 1, 2004 through August 31, 2005.

 

22.        2004-R-037     Authorizing the city manager to sign an earnest money contract with David Slaughter, Sheila Glassford and Slaughter Properties, LTD., for purchase of 18 blocks and parts of 6 blocks, as shown on exhibit 1 [the greater part of the Slaughter Farm for the following consideration from the City:

1. Cash in amount of $2,500,000.00;

2. Title insurance up to $14,000.00;

3. Fencing improvements at estimated value of $218,912.50;

4. Street improvements at estimated value of up to $90,493.75;

5. Conveyance of the City’s mineral interest in the platted streets in the area being acquired and in the area being retained by sellers; and

6. Conveyance of the surface of certain street sections in the area being retained by sellers.

 

X.        MOTIONS

 

23.        Consideration to award contract FY 03-125 to Carolyn Arnold Communications Consultant (CACC), Inc., Boerne, Texas, for conducting a telephone inventory and audit; and authorizing the City Manager to sign all contract documents. 

a.           This firm will conduct a physical inventory of city phone service and telephone bill audit will be performed to include assessment of charges for services being billed by voice and data providers. This is a contingency contract in which this vendor is compensated only after a refund has been received by the City of Laredo based on this audit.  The compensation will be 45% of the savings incurred by each recommendation accepted by the City of Laredo to reduce telephone expenses for a twelve-month period.

 

24.        Consideration for approval to award an engineering contract in the amount not to exceed $29,900.00 to Arcadis, Laredo, Texas, for the Water Park Feasibility Phase II.  Funding is available in the Capital Improvement Projects Fund-Water Park Study.

 

25.        Approving that the Laredo International Airport enter into a Gold Sponsorship contract with the Ms. Texas USA Pageant in the amount of $50,000.00. Funding is available in the FY 04 Airport Budget under the Small Communities Air Service Development Program. 

 

26.        Authorizing the City Manager to amend Club Olympia’s third party funding contract Section 4 and Section 5, which requires quarterly reimbursement and allowing a one-time payment for services provided.  Club Olympia’s activities take place during May, June, July, and August.

 

27.        Consideration to award contract FY04-052 to the low bidder, G.T. Distributors, Inc., Austin, Texas, in the estimated amount of $45,599.24 for the purchase of new holsters for the Police Department.  Funding is available in the Police Department budget.

a.        All current duty holsters will be replaced with Level III holsters that provide greater protection from unauthorized removal of the service pistol. 

 

28.        Consideration to award contract FY04-046 to the low bidder, G.T. Distributors, Austin, Texas, in the amount of $79,500.65 for the purchase of 225 new SIG Sauer pistols for the Police Department.  Funding is available in the Police Trust Fund. 

a.        The contract includes a trade in allowance for 185 duty pistols that will be replaced. 

 

29.        Consideration to authorize the City Manager to submit a grant application to the U.S. Department of Justice (USDOJ) for an interoperable voice communication and information sharing system.  The amount requested from the U.S. Department of Justice will be $4,000,000.00 and the City’s cash match will be (25%) of the total award.

 

30.        Consideration to reject the sole bid received for contract FY04-066 from Wirtgen America, Antioch, TN, for the purchase of a pavement profiler (milling machine). 

a.        The bid submitted by the vendor exceeded the funds allocated for this equipment.  The bid specifications will be modified and new bids solicited.

 

31.        Consideration to award contract number FY 04-069 to the low bidder, JJJ International Safety Equipment, Laredo, Texas, in the estimated amount of $25,000.00 for providing powdered electrolyte replacement drinks (Sqwincher) for City service crews.  Funding is available in the following budgets:  Public Works, Solid Waste, Fleet Maintenance, Traffic Safety, Engineering, Risk, and Parks and Recreation.

a.        Electrolyte replacement drinks are purchased on an as needed basis during the summer months for the service crews to prevent dehydration.  The contract pricing is approximately 7% less than previous contract period.  

 

32.        Consideration to award contract FY04-049 to the lowest bidder meeting specifications, Laurel Battery, Laredo, Texas, in the estimated annual amount of $29,642.70 for providing automotive batteries for the City’s fleet.  Funding is available in the Fleet Maintenance budget.

a.        This contract will be for a period of one year.  Since no battery inventory is maintained at the maintenance facility, all batteries are purchased on an as needed basis.  The City received lower bids from another vendor; however, batteries proposed by this vendor did not meet the minimum acceptable cranking amps nor the reserve capacity rating required by the City.

 

33.        Authorizing the City Manager to accept and execute bus exterior and interior advertising services contract between the City of Laredo (City) and Bus Ads (contractor).  Contractor shall be entitled to maintain and place advertisements on and inside El Metro buses for the term of three (3) years commencing on May 1, 2004, and extending to April 30, 2007, for the greater of the minimum annual guaranteed revenue or fifty percent (50%) of net billings as described in the contract.  End of contract is negotiable for an additional two (2) – one (1) year options.

 

34.        Consideration for approval of Change Order No. 1 an increase of $39,000.00 to the construction contract with Rhino Builders, Ltd., Laredo, Texas, for the Seven Flags Park Rehabilitation Project to construct a 4” thick reinforced concrete slab over 13,000 square feet at skate park location, and which was not included in original plans.  Funding is available in the Capital Improvement Projects Fund-Seven Flags Park.

 

35.        Authorizing the City Manager to enter into a six (6) game contract with Vaswani Soccer Ventures, LLC, (Laredo Heat Soccer) for use of Veteran’s Field for an amount of $15,400.00 and 15% of gross concession sales.  The primary purpose of this agreement is to provide a venue for the Laredo Heat Soccer League home games.

 

36.        Ratify and approve action taken by the City Manager on April 5, 2004 to authorize an emergency contract to Ellis & Ellis, Inc. in an amount not to exceed $63,000.00 for the repair of the collapsed 36” wastewater interceptor at San Francisco and Ortiz, and authorize the City Manager to proceed with the emergency repair of three (3) manholes on the 30” line leading into the 36” for an additional $147,000.00, and a total motion for $210,000.00.

 

37.        Consideration to award a lease purchase contract  (FY04-070) to the low bidder, Philpott Motors, Port Neches, Texas, in the total amount of $1,179,821.67 for the acquisition of forty seven (47) replacement police sedans; and authorizing the City Manager to sign any and all lease purchase documents.   

a.        Financing will be secured through Ford Municipal Lease Corporation. The City is requesting that these vehicles be delivered fully equipped with light bars, sirens, decals, and a fire suppression system for the rear fuel tank.  Only the radios will be installed after the vehicles have been delivered to the City.  This will expedite the process to activate units for patrol duty.  The lease purchase payments have been allocated in the Police Trust fund.

 

38.        Approving monthly tax adjustments to the tax roll.  The amount to be adjusted for the month of March 2004 represents an increase of $5,628.84.  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 $599.41 payable to Arnulfo & Diana Santos due to a double payment.   Account # 989-30001-010.

b.               A refund in the amount of $812.53 payable to Ophelia Castillo due to a double payment.  Account # 990-10001-040.

c.                A refund in the amount of $630.46 payable to Wells Fargo Home Mortgage due to a double payment.  Account # 969-00007-070.

d.               A refund in the amount of $1,253.10 payable to Wells Fargo Home Mortgage due to a double payment.  Account # 987-21003-010.

e.               A refund in the amount of $556.08 payable to Wells Fargo Real Estate Tax Service due to a double payment.  Account # 968-60012-310.

f.                  A refund in the amount of $1,147.59 payable to Settlement Services Group due to a double payment.  Account # 991-00007-020.

g.               A refund in the amount of $986.45 payable to Vicente & Laura Salcedo due to a double payment.  Account # 909-40003-240.

h.                A refund in the amount of $1,085.37 payable to Commerce Bank due to a double payment.   Account # 926-10021-013.

i.                  A refund in the amount of $576.93 payable to First American Real Estate Tax Service due to a double payment.  Account # 965-21003-124.

j.                  A refund in the amount of $1,495.76 payable to First American Real Estate Tax Service due to a double payment.  Account # 909-30731-172.

k.                A refund in the amount of $5,019.73 payable to First American Real Estate Tax Service due to a double payment.  Account # 945-00811-310.      

l.                  A refund in the amount of $608.04 payable to First American Real Estate Tax Service due to a double payment.  Account # 983-10001-140.

m.             A refund in the amount of $1,029.81 payable to First American Real Estate TaxService due to a double payment.  Account # 965-20008-112.                    

n.                A refund in the amount of $688.46 payable to AEP Texas Central Company due to a double payment.  Account # 900-90161-024.

o.               A refund in the amount of $1,825.99 payable to AEP Texas Central Company due to a double payment.  Account # 730-00198-010.

p.               A refund in the amount of $1,080.00 payable to Transamerica Real Estate Tax Service due to a double payment.  Account # 969-50001-160.

q.               A refund in the amount of $514.66 payable to Alan D. & Yolanda Robbins due to a double payment.  Account # 923-00029-588.

r.                 A refund in the amount of $5,139.96 payable to Orix Capital Markets, LLC due to a double payment.  Account # 948-30030-009.

s.                A refund in the amount of $1,006.74 payable to The Laredo National Bank due to a double assessment as certified by the Webb County Appraisal Review Board.  Supplement # 6, Cause # 2003-3771.   Account # 989-52001-180.   

 

XI.       STAFF REPORTS

           

40.                               

 

A.     Presentation on the Plan of Finance by Noe Hinojosa of Estrada-Hinojosa & Company, Financial Consultants, on a proposed sale of various revenue bonds, tax exempt contractual obligation bonds and refunding bond issues.

 

 

XII.      GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS

 

41.                               

A.        Request by Mayor Pro-Tempore John C. Galo

1.  Motion to add Market Street from Meadow to US Highway 83 South to the recycling program.  (Co-Sponsor Hector J. Garcia)

 

 

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.

 

42.         Executive Session pursuant to Texas Government Code Section 551.072 in order to deliberate on the pending negotiations for the acquisition of real property in downtown Laredo, because deliberation in an open meeting would have a detrimental effect on the position of the City Council in negotiations with third persons; and return to open session for possible action.

 

XIV.     RECESS AS THE LAREDO CITY COUNCIL AND CONVENE AS THE LAREDO MUNICIPAL HOUSING CORPORATION

 

43.        Consideration to award contract FY04-065 to the sole bidder, Cantu Electric, Inc., Laredo, Texas, in the amount of $187,316.18 for the removal and replacement of electrical service entrances at 148 units at the Jose A. Flores apartment complex.  Funding is available in the Laredo Municipal Housing Corporation budget.

a.        All the electrical service entrances are being upgraded to current code requirements. 

 

XV.      ADJOURN AS THE LAREDO MUNICIPAL HOUSING CORPORATION AND             CONVENE AS THE LAREDO MASS TRANSIT BOARD

 

44.        Consideration to authorize the purchase of Pem Encoder Machine and Odyssey Spare Parts/Test equipment from the sole source vendor, GFI Genfare in Elk Grove Village, Illinois, in a total amount of $78,252.74.  Funding is available in the Federal Grant TX-90-456.

a.        The spare parts and equipment will be used for backup and for maintaining the electronic fare collection fareboxes.

 

XVI.     ADJOURN 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 April 14, 2004 at 6:00 p.m.

 

 

 

                       

                                                                        Gustavo Guevara, Jr.

                                                                        City Secretary