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CITY OF CITY COUNCIL
MEETING A-2004-R-017 CITY
COUNCIL CHAMBERS
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, 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 V. COMMUNICATIONS
AND RECOGNITIONS Announcements Invitations Recognitions a. Recognition of Patricio Salinas, of City
Manager’s Office -- Public Access Channel Division, on his selection as
August 2004 Employee of the Month. b.
Presentation by Rene De La Viña, Texas State Teachers Association, r c.
Presentation by Council
Member Johnny Amaya, District IV, of 6 scholarship recipients: Roberto Gamez,
Jr., Martin H.S.; Jose Rene Villarreal, Nixon H.S., Ruben De Luna, Nixon H.S.,
Laura Galindo, Nixon H.S., Linda S. Palacios, Nixon H.S., and Sandra
Gonzalez, Nixon H.S. Communiqués VI. APPOINTMENTS
TO COMMISSIONS, BOARDS AND COMMITTEES VII.
PUBLIC HEARINGS 1.
Public hearing and introductory ordinance amending the City of Laredo’s Subdivision Ordinance,
Appendix B of the Code of Ordinances, Chapter II, Section 2-3.2, entitled
Subdivision Plat Submittal Requirements, by requiring a Conditional Letter of
Map Revision (CLOMR) for final plats located within areas of special flood
hazard, Section 2-3.7, entitled Plat Recordation, by requiring plats recorded
in areas of special flood hazard to illustrate existing and proposed floodplain
lines, and Section 2-4, entitled Performance Bonds, by including security in
lieu of construction for properties within the floodplain where a map
revision is proposed; 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 granting to Proviron, Inc., and its successors, or
assigns, the easements, rights, privil 3.
Public hearing and introductory ordinance amending the City of 4.
Public hearing and introductory ordinance authorizing the City Manager to accept $33,000.00 in
contributions and amending the City of Laredo FY 2003 - 2004 Convention &
Visitor’s Bureau Annual Budget by appropriating revenues of $33,000.00 in the
form of a Miss Texas USA Gold Sponsorship from Wells Fargo Bank in the amount
of $30,000.00 and a Miss Texas USA General Sponsorship contribution from
H.E.B. in the amount of $3,000.00, and appropriating expenditures in the
amount of $33,000.00 for Miss Texas USA expenses. 5.
Public hearing and introductory ordinance authorizing the City Manager to execute a budget
amendment to amend the Transit Systems operating budget by decreasing the
State operating grant contribution, State Project No. 51422F7053, for FY
2003-2004 from $1,000,000.00 to $783,869.00, and increasing the sales tax
match for operating expenses from $3,923,492.00 to $4,139,623.00 and
providing for grant funds to be deposited in the City of Laredo Transit Fund.
6.
Public hearing
and introductory ordinance amending the City of Laredo FY 2003-2004 Annual Budget in the
Capital Improvements Funds by appropriating revenues and expenditures in the
amount of $40,000.00, which are being donated by Paul Young Properties, LTD.,
in order to fund the installation and activation of a traffic signal on U.S.
Hwy. 59 at Casa Blanca Road and the entrance to Paul Young Auto Mall and
authorizing the City Manager to implement said budget. Total contribution from Paul Young
Properties, LTD., for this project is $120,000.00. 7.
Public hearing and
introductory ordinance
amending the City of Laredo FY 2003 – 2004 8.
Public hearing and introductory ordinance amending the City of Laredo FY 2003-2004 Annual Budget
by appropriating revenues and expenditures in the amount of $25,000.00 in
funds ($21,000.00 in grant funds and $4,000.00 in-kind) from the US-Mexico
Border Health Commission in coordination with the Health Resources Services
Administration (HRSA) for the Border Binational Health Week of the City of
Laredo Health Department for the period b 9.
Public
hearing and introductory ordinance amending the FY 2003-2004 Annual
Budget for the South Texas R 10.
Public hearing and introductory ordinance amending the City of Laredo Code of Ordinances as
follows: Chapter 2, Article II, Division 6 (Pay Administration), Section
2-87.7 (12)(a), providing for a cost of living adjustment increase of 2.3%,
except as otherwise stated in any collective bargaining agreement; providing
for an effective date of September 26, 2004. 11.
Public hearing and introductory ordinance adopting a new health rate structure by increasing all
medical contribution amounts by five percent (5%) for the City of 12.
Public hearing and introductory ordinance amending the City of 13.
Public hearing for the adoption of a tax rate of $0.637000 per $100.00
value. The tax rate will provide revenue for general fund and debt service.
The rate includes $0.508677 per $100.00 value for Maintenance and Operation
and $0.128323 per $100.00 value for the Interest and Sinking Fund of the Debt
Service and will produce a tax levy of $43,209,681.00. 14.
Public hearing and adoption of Resolution No.
2004-R-092 adopting the 2005-2009 Capital
improvement Program for the City of 15.
Public hearing and introductory ordinance adopting the Annual Budget for Fiscal Year 2004-2005;
appropriating the estimated revenues, expenditures and balances reported
therein for the year b (Recess) (Press Availability) VIII.
INTRODUCTORY ORDINANCES 16.
Authorizing the City
Manager to execute a lease with 17.
Closing as a public
easement a tract of land containing 0.04 acres (1,853 sq. ft.) more or less,
out of the 2900 block of Stone Avenue between Frost and Lyon Streets being
adjacent to the East Boundary line of Lot 4, Block 678, Eastern Division of
the City of Laredo, Webb County, Texas, said parcel of land is being
encroached upon by the improvements of the abutting property as described on
attached “Exhibit A” and authorizing the sale of the “Surface Only” of said
parcel of land at the market value of $4,633.00 and authorizing the City
Manager to execute all necessary documents to effectively convey fee simple
title to Carlos E. Ramirez and providing for publication and effective date. 18.
Designating as a
one-way westbound the 700 Block of Eistetter Street, between Logan Avenue and
Ryan Street, and as a one-way southbound the 4200 Block of Logan Avenue,
between Ryan Street and Eistetter Street, to be effective during the peak
hours of 7:00 A.M. to 8:30 A.M. and 2:30 P.M. to 4:30 P.M., Monday thru
Friday, during school days, providing for the installation of appropriate
signs to indicate one-way traffic in the designated direction and the
specified hours and providing for publication and effective date. 19.
Authorizing the City
Manager to execute a lease agreement between the City of Laredo, as Lessor
and Clemente M. Bedia, as Lessee for approximately 624.77 sq. ft. of building
space to be used as a Woman, Infant and Children (W.I.C.) Food Store at the
area commonly known as 2300 Saltillo, part of the Mario Tijerina Park site,
for a term of one year at a monthly rental rate of $360.00 per month. 20.
Authorizing the City
Manager to execute a cattle grazing lease agreement with A/C Cattle Co., IX.
FINAL 21.
2004-O-190
Amending the Zoning Ordinance Map of the City of
Laredo by rezoning 0.87 acres, as further described by metes and bounds in
attached Exhibit “A”, located approximately at 4250 Hwy 359, from R-3 (Mixed
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. 2004-O-191
Amending the Zoning Ordinance Map of the City of
Laredo by rezoning 1.05 acres, as further described by metes and bounds in
attached Exhibit “A”, located at 4250 Hwy 359, from R-3 (Mixed 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. 2004-O-192
Amending the Zoning Ordinance Map of the City of 2004-O-193
Amending the Zoning Ordinance Map of the City of
Laredo by rezoning 10.20 acres, as further described by metes and bounds in
attached Exhibit “A”, approximately northeast of the intersection of Calle
Del Norte and Springfield Avenue, 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. 2004-O-194
Amending the Zoning Ordinance Map of the City of 2004-O-195
Amending the City of Laredo Capital Improvement
Project FY 2003-2004 annual budget to reflect an appropriation for the
development of the West Laredo Multimodal Trade Corridor Phase II Project.
The Federal appropriation of $2,597,272.00 comes from the FY 2003 Federal
Transportation spending bill and the City’s contribution is $649,318.00. The
total project budget is $3,246,590.00. 2004-O-196
Amending the City of Laredo Fiscal Year 2003-2004
Water and Colonias Fund by appropriating a transfer of $132,550.00 from the Water
Fund to the Colonias Fund, and amending the City of Laredo’s Colonias Fund
budget by appropriating the transfer in from the Water Fund and the capital
expense in the amount of $132,550.00, which will be used to pay for the over
size of the Colonias Elevated Storage Tank from 250,000 gallons to 500,000
gallons in the SH 359 area, and authorizing the City Manager to implement
said budgets. 2004-O-197
Amending the City of Laredo FY 2003-2004 annual
budget by appropriating revenues and expenditures in the amount of $336,184.00 in funds from the Texas
Department of Health and an estimated amount of $116,656.00 in Program Income
for the Office of Public Health Practice of the City of Laredo Health
Department for the period b 2004-O-198
Amending the City of 2004-O-199
Authorizing the City Manager to accept and execute
the Section 5307 Urban Transportation Capital Investment Grant Agreement NO.
TX-90-X624, state project NO. VCR 0401(22)624, contract NO. 51422F7192 from
the Texas Department of Transportation in the amount of $610,300.00 with a
local match of $322,592.00 for the purchase of three 35 ft. CNG buses for a
grand total of $932,892.00; and to amend the Transit Capital Grant budget for
a net amount of $102,350.00; and providing for grant/contract funds to be
deposited in the City of Laredo Transit Fund. 2004-O-200
Authorizing the City Manager to accept and execute
the Federal Transit Administration Grant, Section 5307, TX-90-X644, in the amount
of $2,446,138.00 for fiscal year 2003-2004; and amend the Transit Systems
Operating budget by decreasing the Federal Transit Administration Operating
Grant Contribution from $3,554,774.00 to $2,446,138.00 and increasing the
sales tax match for operating expenses from $3,127,695.00 to $4,236,331.00;
and providing for grant funds to be deposited in the City of Laredo Transit
Fund. 2004-O-201
Authorizing the City Manager to execute a budget
amendment by appropriating funds from the Federal Transit Administration Grant
NO. TX 90 X599, for fiscal year 2002-2003 in the amount of $312,839.00 to be
used for operating expenses in fiscal year 2003-2004; increasing the federal
contribution from $2,446,138.00 to $2,758,977.00 and decreasing the sales tax
match for operating expenses from $4,236,331.00 to $3,923,492.00 and
transferring $312,839.00 into sales tax reserve appropriation. 2004-O-202
Authorizing the City Manager to execute a lease
with Southwestern Bell Wireless, LLC, as general partner of the Corpus
Christi SMSA Limited Partnership for ground space at the Fire Station located
at 2100 Zacatecas, Laredo, Webb County, Texas, and being more fully described
in Exhibit “A” of lease agreement to construct on such premises a 125 ft.
high monopole and related equipment building for use with
its communications business. Term of the lease is five (5) years commencing 2004-O-203
Authorizing
the City Manager to execute a lease renewal with United Exports Trading
Association (U.E.T.A.) of Texas, Inc., for approximately 2,526 square feet
out of 1.
Lease
term is for one (1) year commencing on 2.
Monthly
rent will be $1,000.00. 3.
City
of 2004-O-204
Authorizing
the City Manager to execute all necessary documents to effectively convey fee
simple title to the “surface only”, at its market value of $11,318.00, for
certain property described as a 4,353 sq. ft. tract of land, more or less,
out of that former section of Buena Vista Avenue located east of Block 1006,
Eastern Division, west of Block 1070, Eastern Division and south of South
Meadow Avenue and north of Boulanger Avenue to Daniel Vargas and wife Mayela
M. Vargas; said tract being situated in the Eastern Division, City of Laredo,
Webb County, Texas being generally described on attached Exhibit “A”; and
providing for an effective date. X.
RESOLUTIONS
22.
2004-R-085 Accepting the
assignment of 8.1 acre feet of municipal water rights from the balance of
236.845 acre feet deeded to the City of 23.
2004-R-086 Accepting the donation of one
utility easement from Gustavo A. Rodriguez, for the extension of utility
services lines to the Laredo Ranchettes Subdivision. This being a strip of
land 30 feet in width, containing 12,249.78 square feet or 0.28 of an acre,
more or less, and being situated in porcion 32, abstract 296, City of Laredo,
Webb County, Texas, and described by metes and bounds and survey attached as Exhibits
A and B.
24.
2004-R-087 Accepting the
donation of the “Surface Only” of a parcel of land from 4 V Holdings, Ltd., a
Texas Limited Partnership, for the extension of 25.
2004-R-088
Accepting the donation of the “Surface Only” of a parcel of land from
A & W Real Estate I, Ltd., a Texas Limited Partnership, for the extension
of 26.
2004-R-089
Accepting the donation of the “Surface Only” of a parcel of land from
Wyers Family Trust, a Texas Trust, for the extension of 27.
2004-R-090
Accepting the donation of the “Surface Only” of a parcel of land from Laredo
Cuatro Vientos, Ltd., a Texas Limited Partnership, for the extension of 28.
2004-R-091
A resolution of the City of Laredo, Texas, authorizing the South
Texas Aggr XI.
MOTIONS 29.
Consideration to
authorize the City Manager to renew the existing contract with RWL Group
Inc., and the City of Laredo for a period of twelve (12) months for the purpose
of providing risk management with property & liability insurance
consulting services and authorizing the City Manager to execute all retainer
documents. The contract is to commence on 30.
Consideration to authorize
the City Manager to renew the existing contract with RWL Group Inc., and the City
of Laredo for a period of twelve (12) months for the purpose of providing
employee benefits services to the City of Laredo to commence on October 1,
2004 and to conclude on September 30, 2005 for a cost of $24,500.00. Funding
is subject to Fiscal Year 2004-2005 appropriations. 31.
Authorizing the City
Manager to opt out of the Federal Health Insurance Portability and
Accountability Act of 1996 (HIPAA), effective October 1, 2004 through September 30, 2005, as a result of
the city currently meeting or exceeding minimum HIPAA benefit provisions. 32.
Motion to amend the
proposed Fiscal Year 2005 Annual Budget by increasing General Fund current
tax revenue appropriation by $790,977.00 and expenditures in the amount of
$230,259.00 to fund the City’s 2005 Municipal Contribution Rate of 14.91% for
the Texas Municipal Retirement System. The difference of $560,718.00 will
increase the proposed ending fund balance. 33.
Authorizing the City
Manager to continue n 34.
Consideration for
approval to award an engineering contract to Structural Engineering
Associates, Inc., San Antonio, Texas, for an amount not to exceed $143,428.44
for engineering investigation phase design and preparation of plans and
specifications for the Rehabilitation of the Laredo Colombia International
Bridge. Funding is available in the Bridge System–Testing Fees. 35.
Consideration for
approval of final change order no. 5 a decrease of $46,215.42 for the balance
of quantities actually constructed in place and to add ten (10) calendar days
to the construction contract time, acceptance of the Centro Iturbide Project
– EDA Project No. 08-01-03534 and approval of final payment in the amount of
$124,977.08 to Ramos Industries, Inc., Pasadena, Texas. Final contract amount
is $1,152,609.26. Funding is available
in the Streets of Laredo Urban Mall Fund – Improvements Other Than Buildings.
36.
Consideration for
approval of acceptance of the Sidewalk Construction Project to Cross Under
Lafayette Street East Side at Zacate Creek Bridge and approval of final
payment in the amount of $15,186.00 to J. Solis Maintenance and Welding
Services, Laredo, Texas. Final contract amount is $46,920.00. Funding is available in the Capital
Improvements Project Fund – 37.
Consideration for
approval of acceptance of the 38.
Consideration for
approval to award a construction contract to low bidder Puma Builders, Inc., 39.
Consideration for
approval to award a construction contract to the low bidder Price
Construction, Ltd., Laredo, Texas, in the amount of $1,759,613.81 for the
Laredo International 40.
Consideration for
approval to reject the three bids received for the Santa Rita Park Improvements
– Phase I and authorize staff to re-bid the project. Funding is available in
the Community Development Fund – 25th, 27th, and 28th
Action Year - Santa Rita Park. 41.
Consideration to award individual contracts to the consulting firms
named below for intergovernmental, informational, and advocacy services to be
provided to the City of 1.
Governmental Relations Inc., 2.
Miller & Van Eaton, PLLC, 3.
Baker Botts, LLP, 4.
Mario A. Martinez, 5.
McWilliams & Associates, Funding is available in the FY
2004/2005 General Fund. 42.
Consideration to award
contract number FY04-123 to the sole bidder, Record Systems LLC, San Antonio,
Texas, in the amount of $60,000.00 for the purchase and installation of
mezzanine shelving at the City’s records storage warehouse located at the
Public Works Facility. Funding is available in the 2002-A Personal Property Finance
Contractual Obligation Bond budget. 43.
Authorizing the City Manager to n 44.
Authorizing the City
Manager to accept a grant from the Texas Department of Health – Office of
Border Health for the Border Health Project of the City of Laredo Health
Department in the amount of $20,000.00 for the period b 45.
Authorizing the City
Manager to consider a contract with Texas Health and Human Services
Commission for the Children’s Health Insurance Program (CHIP) Outreach
Project of the City of Laredo Health Department for the period b 46.
Ratifying the submittal
of a grant proposal to the Robert Wood Johnson Foundation in the amount of
$49,999.00 for a “Tobacco Policy Change: A Collaborative for Healthier
Communities and States Project” of the City of Laredo Health Department for
the period b 47.
Authorizing the City
Manager to execute a contract for abstinence education entered into with
Texas Department of Health in the amount not to exceed $162,910.00 of which
$70,000.00 are in-kind from the Laredo Independent School District for the Mi
Futuro (My Future) Abstinence Education Program of the City of Laredo Health
Department. This contract will b 48.
Authorizing the City
Manager to prepare a service plan for the voluntary annexation of eight (8)
tracts of land totaling 1825.03 acres, more or less, as shown on Attachment
“A”, in accordance with Section 43.052 of the Texas Local Government Code. 49.
Consideration to
authorize the City Manager to execute a contract with Graphitiks Advertising
Design, Inc., Laredo, Texas, who will design, produce, sell advertising and
print the 2005 Laredo/Nuevo Laredo Official Visitors Guide. Graphitiks will
print, at no cost to the City of 50.
Authorizing the City
Manager to execute an amendment to the contract with the 51.
Refund of property tax
in the amount of $25,488.34 to the following taxpayers and companies: 1.
A refund in the amount
of $806.18 payable to Falcon National Bank due to an overpayment. Account #
103-00135-081. 2.
A refund in the amount
of $ 622.12 payable to Border Title Group due to an overpayment. Account #
445-01097-070. 3.
A refund in the amount
of $779.94 payable to Universal Health Services due to an overpayment. Account
# 328-00223-311. 4.
A refund in the amount
of $1,374.50 payable to International Bank of Commerce due to a double
payment. Account # 557-01668-010. 5.
A refund in the amount
of $1,726.20 payable to Dr. Carlos Vela Jr. & Ernestina C. Vela due to a
double payment. Account # 900-90231-148. 6.
A refund in the amount
of $592.15 payable to Cayetano Santos due to a double payment. Account #
968-20010-080. 7.
A refund in the amount
of $3,331.21 payable to The Texas Mexican Railways due to three double
payments. Account # 945-00851-402. 8.
A refund in the amount
of $2,745.31 payable to Wells Fargo Home Mortgage due to a double payment. Account
# 976-10005-010. 9.
A refund in the amount
of $568.85 payable to Oscar Medina due to a double payment. Account #
965-60001-004. 10.
A refund in the amount
of $1,167.41 payable to First American Real Estate Tax Service due to a double
payment. Account # 900-90281-172. 11.
A refund in the amount
of $1,195.02 payable to Wells Fargo Home Mortgage due to a double payment. Account
# 945-00771-346. 12.
A refund in the amount
of $577.32 payable to International Bank of Commerce due to a double payment.
Account # 969-00003-340. 13.
A refund in the amount
of $922.27 payable to Gonzalo P. & Susana Farias due to a double payment.
Account # 969-30003-310. 14.
A refund in the amount
of $740.52 payable to Nancy & Julio C. Llanes due to a double payment. Account
# 980-40001-030. 15.
A refund in the amount
of $524.98 payable to Commerce Bank due to a decrease in value certified by
the Webb County Appraisal Review Board. Account # 800-03000-792. 16.
A refund in the amount
of $1,132.25 payable to International Bank of Commerce due to a decrease in
value certified by the Webb County Appraisal Review Board. Account #
800-05096-022. 17.
A refund in the amount
of $701.54 payable to International Bank of Commerce due to a decrease in
value certified by the Webb County Appraisal Review Board. 18.
A refund in the amount
of $3,599.07 payable to Commerce Bank due to a decrease in value certified by
the Webb County Appraisal Review Board. Account # 801-04000-701. 19.
A refund in the amount
of $1,101.50 payable to Commerce Bank due to a decrease in value certified by
the Webb County Appraisal Review Board. Account # 800-14022-100. 20.
A refund in the amount
of $1,280.00 payable to Commerce Bank due to a decrease in value certified by
the Webb County Appraisal Review Board. Account # 801-14022-101. 52.
A motion to set date of
53.
Consideration to award
annual contract FY04-107, to the low bidder, JJJ International & Safety
Inc., Laredo, Texas, in an estimated amount of $124,862.50, for providing
traffic marking paint for the Traffic Department – Safety Division and the 54.
Consideration
to amend a contract with Foster Engineering, Co., Laredo, Texas for $36,200.00 to include additional
surveying services required to acquire easements for water and wastewater
lines at Old Milwaukee, and additional engineering and survey services
related to the relocation and redesign of the lift station at Pueblo Nuevo. The
amendment brings the total contract amount to $436,000.00. Funding is
available in the Project Engineer Fees Account. XII.
STAFF REPORTS 55.
A.
Report by Roberto
Murillo, Traffic Safety Director, r XIII. GENERAL COUNCIL DISCUSSIONS AND
PRESENTATIONS 56.
A.
Request by
Council Member Gene Belmares 1.
Discussion with
possible action r 2.
Discussion with
possible action r B.
Request by
Council Member Juan Ramirez 1.
Discussion with
possible action r 2.
Discussion with
possible action r 3.
Discussion with
possible action r 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 57.
Request for Executive Session pursuant to Texas Government Code
Section 551.072 in order to deliberate the possible purchase, lease or value
of a parcel of land in the downtown area because deliberation in an open
meeting would have a detrimental effect on the position of the City Council
in n 58.
Request for Executive Session pursuant to Texas Government Code Section
551.072 in order to deliberate the possible purchase, lease or value of a
parcel of land known as the former Travel Information Center located at the
intersection of IH 35 and Shiloh Drive, because deliberation in an open
meeting would have a detrimental effect on the position of the City Council
in n 59.
Request for Executive Session pursuant to Texas Government Code
551.071 (1) (A) to consult with XV.
RECESS AND
CONVENE AS THE LAREDO MUNICIPAL HOUSING CORPORATION XVI. RECESS
AS THE 60.
Consideration for
approval to award an engineering contract to Huitt-Zollars, Inc., Fort Worth,
Texas, for an amount not to exceed $205,700.00 for Phase “A” of the Project
to include Program Development, Site Selection, Environmental Assessment, and
Schematic Design for the El Metro New Operational Building. Funding is
available in the Transit Capital Grant #456 - Project Engineer Fees. XVII.
ADJOURN AS THE XVIII.
ADJOURNMENT This notice was posted at the
Municipal Government Offices,
Gustavo Guevara, Jr. City
Secretary |