CITY OF LAREDO

CITY COUNCIL MEETING

A-2005-R-01

CITY COUNCIL CHAMBERS

1110 HOUSTON STREET

LAREDO, TEXAS 78040

January 10, 2005

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 November 15, 2004.

 

V.        COMMUNICATIONS AND RECOGNITIONS

 

Announcements

           

Invitations

 

Recognitions

a.      Recognition of Rene Ramos, of the City Manager's Office, on his selection as December 2004 Employee of the Month.

 

Communiqués

a.      State of the City address by Mayor Elizabeth G. Flores.

 

 

 

VI.       APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES

           

a.      Appointment by Council Member Hector J. Garcia of:

 

1.           Mercurio Martinez III to the Telecommunications Advisory Committee, to replace Victor Garcia.

2.           Victor Garcia to the Planning and Zoning Commission, to replace Mercurio Martinez III.

3.           Mike Kazen to the Para Transit Advisory Committee, to replace Roberto Santos.

 

VII.             PUBLIC HEARINGS

 

1.           Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by authorizing a Conditional Use Permit for a fire station on Lot 2, Block 3, Cielito Lindo Commercial Plat, located at 309 Cielito Lindo Boulevard; providing for publication and effective date. The Planning and Zoning Commission has recommended approval of the proposed Conditional Use Permit.

 

2.           Public hearing and introductory ordinance amending the City of Laredo’s Fiscal Year 2004 – 2005 Annual Budget to reflect an appropriation in Federal Planning Grant (PL112) Funds. The appropriation of $84,815.00 comes from 2003 – 2004 Unified Planning Work Program (UPWP) unexpended funds.

 

3.           Public hearing and introductory ordinance amending the City of Laredo Fiscal Year 2004 – 2005 Annual Budget by appropriating revenues and expenditures in the amount of $50,000.00 in additional funds from the Texas Department of State Health Services for a total budget amount of $463,077.00 for the Public Health Preparedness and Epidemiology Program of the City of Laredo Health Department for the period beginning September 1, 2004 through August 31, 2005.

 

4.           Public hearing and introductory ordinance amending the City of Laredo Fiscal Year 2004-2005 Annual Budget by increasing revenues and expenditures in the amount of $85,767.00 in additional funds, totaling $257,450.00 from the Texas Department of State Health Services for the Immunization Action Program of the City of Laredo Health Department and extending the grant period from January 1, 2004 through December 31, 2004 to January 1, 2004 through August 31, 2005.

 

5.           Public hearing and introductory ordinance authorizing the City Manager to accept a $1,000.00 donation from Wal-Mart Foundation and to amend the City of Laredo Fiscal Year 2004-2005 General Fund Annual Budget by appropriating revenues in the amount of $1,000.00 in the form of a donation of $1,000.00 for the purchase by the Nonprofit Management & Volunteer Center of promotional material for the annual Volunteer Awards Reception.

 

6.           Public hearing and introductory ordinance authorizing the City Manager to accept a $500.00 donation from the International Bank of Commerce, Banquito at Plantation and to amend the City of Laredo Fiscal Year 2004 – 2005 General Fund Annual Budget by appropriating revenues and expenditures in the amount of $500.00 in the form of a donation for the purchase of items for the Jingle Bell 5K Fun Run.

         

(Recess)

(Press Availability)

 

VIII.           INTRODUCTORY ORDINANCES

 

7.           Authorizing the City Manager to execute a Lessor’s Consent to an assignment of the lease agreement approved by Ordinance No. 95-O-177 dated August 7, 1995, between the City of Laredo and Gerardo Javier Ramos and assigned to Ruperto Villarreal and Santos Ramos authorized by Ordinance No. 96-O-184 dated October 28, 1996 and as amended by Ordinance No. 98-O-284 dated November 2, 1998 for approximately 16,291.44 square feet of land located on Lot No. 2 of Block No. 15 of the Subdivision Plat of the Laredo International Airport, and authorizing the City Manager to execute a Subordination, Non-Disturbance and Attornment Agreement between the City of Laredo, as Landlord, Miguel A. Rojas, as Tenant, and International Bank of Commerce, as Mortgagee.  Said lease is assigned to Miguel A. Rojas. All other terms and conditions remain the same and in effect; providing for an effective date.

 

8.           Authorizing the City Manager to execute an Assignment of Lease between The Hearst Corporation, as Assignor, and the City of Laredo, as Assignee, for an approximate 59,836.72 square foot tract of land including the improvements located thereon at the Laredo International Airport authorized by Ordinance No. 87-O-106 dated July 21, 1987, as amended by Ordinance No. 94-O-005 dated January 3, 1994 and authorizing the City Manager to pay One Hundred Sixty-Seven Thousand Five Hundred Dollars ($167,500.00) to purchase the leasehold interest from The Hearst Corporation; providing for an effective date.

 

9.           Amending the City of Laredo Code of Ordinance Chapter 28, Article II, Division 2, Permit – Streets,  Sidewalk and Public Places, Excavations, general conditions for specifications by specifically creating Section 28-40, to establish and adopt the City of Laredo Utility Planning and Coordination Guide, thereby requiring that all construction projects that will have an impact on the public right-of-way shall follow the Utility Coordination Process in accordance to the Utility Planning and Coordination Guide prior to securing a permit for construction, providing for publication and effective date.

 

10.      Amending the City of Laredo Code of Ordinances Chapter 28, Streets, Sidewalks, and Public Places Article II, Excavations, Division 2, Permit – Section 28-31, Requirements; Exceptions of the Code of Ordinance of the City of Laredo; thereby requiring that all construction projects impacting the public right-of-way shall follow the Utility Coordination Process in accordance to the Utility Planning and Coordination Guide prior to securing a permit for construction, providing for publication and effective date.

 

11.      Amending Chapter 19, Motor Vehicle and Traffic, Article XIV, Residential Permit Parking Program, Section 19-624, (C) Penalty, of the Code of Ordinances, City of Laredo, to specify the towing of vehicles for violation of the Ordinance providing for publication and effective date.

 

IX.   FINAL READING OF ORDINANCES 

 

12.        

2005-O-001               Amending the Zoning Ordinance Map of the City of Laredo by authorizing the issuance of a Conditional Use Permit for a new and used auto dealership on Lot 11, Block 3 and Lot 1, Block 4, Emerald Hills Subdivision, located at 1022 Dicky Lane and 4250 Cheyenne Dr; providing for publication and effective date. 

 

2005-O-002               Amending the Zoning Ordinance Map of the City of  Laredo by authorizing the issuance of a Conditional Use Permit for used 18 wheeler tractor sales on Lot 85A and 85B, Block 2, Wolf Creek Commercial Development, located at 12602 and 12606 Mines Road; providing for publication and effective date. As Amended.

 

2005-O-003               Amending the Zoning Ordinance Map of the City of Laredo by rezoning Lot 3, Block 10, Crown Ridge Subdivision, Phase I, located at 413 Shiloh Dr., from B-3 (Community Business District) to R-2 (Multifamily Residential District); providing for publication and effective date. 

 

2005-O-004                   Amending the Zoning Ordinance Map of the City of Laredo by rezoning 5.01 acres, as further described by metes and bounds in attached Exhibit A, located approximately north of Hwy. 359 and east of Larga Vista Subdivision, from R-1 (Single Family Residential District) to B-3 (Community Business District); providing for publication and effective date. 

                                                                                                     

2005-O-005                   Amending the Zoning Ordinance Map of the City of Laredo by rezoning Lots 1 and 2, Block 699, Eastern Division, located at 1202 Cortez St., from R-1 (Single Family Residential District) to R-1A (Single Family Reduced Area District); providing for publication and effective date.            

 

2005-O-006               Amending the Zoning Ordinance Map of the City of Laredo by rezoning Lots 9 and 10, Block 3, Hilltop Subdivision, Phase II, located approximately at the northwest intersection of Michigan Avenue and Erie Lane, from R-3 (Mixed Residential District) to R-2 (Multi-family District); providing for publication and effective date. 

 

 

2005-O-007               Amending the Zoning Ordinance Map of the City of Laredo by rezoning 28.88 acres, as further described by metes and bounds in attached Exhibit “A”, located approximately north of San Isidro – Los Agaves Subdivision, Phase III., from AG (Agricultural District) to R-1 (Single Family Residential District); providing for publication and effective date. 

 

2005-O-008               Amending the Zoning Ordinance Map of the City of Laredo by rezoning 18.38 acres, as further described by metes and bounds in attached Exhibit “A”, located approximately north of La Pita Mangana Road, from R-1MH (Single Family Manufactured Housing District) to R-1A (Single Family Reduced Area District); providing for publication and effective date. 

 

2005-O-009               Amending the Zoning Ordinance Map of the City of Laredo by authorizing the issuance of a Special Use Permit for the co-location of an antenna on an existing communication tower, on .031 acres, as further described by metes and bounds in attached Exhibit "A", located approximately at 27005 Mines Road; providing for publication and effective date. 

                                                                               

2005-O-010               Amending the City’s FY 2004 – 2005 Annual Budget, Laredo Fire Department EMS Division Budget by accepting a donation of $2,500.00 from Wal-Mart Stores and appropriating said funds for the purpose of purchasing new computers for the Laredo Fire Department EMS Division.

 

2005-O-011               Authorizing the City Manager to amend the City of Laredo FY 2004 – 2005 Annual Budget by appropriating revenues and expenditures in the amount of $63,244.00 from the United States Conference of Mayors Research and Education Foundation for the HIV/AIDS Prevention Project of the City of Laredo Health Department for the contract period beginning January 1, 2005 through December 31, 2005, and to amend the FY 2004 – 2005 full-time equivalent positions by 1.07.

 

2005-O-012               Authorizing the City Manager to accept and execute an amendment to federal grant TX-90-X644-01 increased by $814,412.00 from $2,446,138.00 to $3,260,550.00, amending the Transit Operations Budget by appropriating the $814,412.00 additional federal revenues and decreasing transfer in sales tax funds by $814,412.00.

 

X.     RESOLUTIONS

 

13.      2005-R-001      Authorizing the City Manager to submit a Brownfield Job Training Grant application to the United States Environmental Protection Agency (USEPA) under the Brownfields Job Training Grant Program in the amount of $200,000.00 with no matching funds for a total of $200,000.00.  This grant will allow for community-based hazardous materials training to be provided by the Environmental Services Department.

 

14.      2005-R-002      Accepting the donation of a quitclaim deed from Juan Ramon Lopez and a quitclaim deed from Maria Del Carmen Lopez. Said quitclaim deeds having been executed in order to clear the City of Laredo’s title to: replat lot 2, Block 1432A, Eastern Division, City of Laredo, Webb County, Texas.

 

15.      2005-R-003      Declaring the public necessity to acquire the “Surface Only” of a 0.0488 acre parcel of land for the Tinaja/Chacon Creek Pilot Channel Improvements Project, Phase II.  Said parcel being out of, and part of Lots 9 and 10, Block 1325, Eastern Division, City of Laredo, Webb County, Texas, and which parcel is more particularly described by metes and bounds on attached Exhibit A; and authorizing staff to negotiate with the owner for the acquisition of said parcel by purchase at a market value to be established by a State Certified Real Estate Appraiser, and further authorizing the City Attorney to initiate condemnation proceedings to acquire said parcel if staff is unable to acquire through negotiations due to inability to agree to a purchase price, conflict of ownership, owner refusal to sell, and/or inability to locate the listed owner.    

 

16.      2005-R-004      Adopting the list of capital improvement projects to be submitted to the South Texas Development Council (STDC) for incorporation in the Overall Economic Development Program Plan (OEDP) to be provided to the U.S. Department of Commerce, Economic Development Administration (EDA) for potential funding consideration and authorizing the City Manager to submit a follow-up grant application as may be directed by EDA and to execute any and all related documents.  Projects named include:  

1.      Zaragoza St. Walk To Shop

2.      Avenida San Bernardo

3.      Extension of Bartlett Ave. (Jacaman Rd. to Del Mar Blvd.)

 

XI.     MOTIONS

 

17.      Motion to amend the 2004 Consolidated One-Year Action Plan by reprogramming a total of $200,000.00 of 30th Action Year (AY) 2004 Community Development Block Grant (CDBG) funds by reducing the amount of funding for the Acquisition and Relocation Project along Monterrey Avenue, from $500,000.00 to $300,000.00 and utilizing the difference of $200,000.00 to allow for the design of the Slaughter Park and further amending the 2003 Consolidated One-Year Action Plan by reprogramming a total of $249,824.00 of 29th AY 2003 CDBG funds by canceling the San Salvador Neighborhood Park Project and utilizing the $249,824.00 for the Dryden Park Improvement Project.

 

18.      Awarding a contract to Nxtcycle for recycling computers and other e-waste collected from two (2) e-waste collection events. Contract will not exceed $25,000.00; contract will be based on a per pound recycling fee. Funding is available in the Environmental STDC Grant Account.

 

19.      Consideration for approval of Change Order No. 3, an increase of 30 calendar days to the construction contract with Rhino Builders, Ltd., Laredo, Texas, for the Seven Flags Park Rehabilitation Project for additional work not included in the original scope of the project and material delivery delays and rain days.  Funding is available in the Capital Improvement Fund – Seven Flags Park Rehabilitation.

 

20.      Consideration to award a construction contract to the lowest bidder Zertuche Construction, LLC., Laredo, Texas for the City of Laredo S.H.359 Concrete Landfill Parking Lot in the base bid amount of $745,121.65.  Funding is available in the Solid Waste Fund.

 

21.      Consideration to authorize the following three (3) contracts: Cingular Wireless in the estimated amount of $40,700.00; Verizon in the estimated amount of $44,000.00, and Verizon Wireless in the estimated amount of $30,800.00; for providing 9-1-1 telephone network and database services for the Four County Regional 9-1-1 system. Funding is available in the 9-1-1 Regional Fund. The City of Laredo is the 9-1-1 Regional Administrator for the Four County Region of Webb, Zapata, Starr, and Jim Hogg Counties.

 

22.      Consideration to authorize Change Order No. 1 providing an increase in the amount of $60,000.00 to the contract with Southwestern Bell Company to provide network and equipment rental services for the Four County Regional 9-1-1 system.  The revised total amount is $132,000.00.  Funding is available in the 9-1-1 Regional Fund.  The City of Laredo is the 9-1-1 Regional Administrator for the Four County Region of Webb, Zapata, Starr, and Jim Hogg Counties.

 

23.      Consideration to extend the Vehicles for Hire Ad Hoc Committee through May 7, 2005.

 

24.      Authorizing the City Manager to allocate an additional $75,000.00 to pay for legal services related to the existing retainer agreement with the Law Firm of Bickerstaff, Heath, Smiley, Pollan, Keever & McDaniel, L.L.P., on International Bridge matters and its current representation in the case styled Webb County V. City of Laredo, et al in the 261st District Court of Travis County, Texas.  Funding is available in the  Bridge Fund.

 

25.      Authorizing the City Manager to amend Fiscal Year 2004 – 2005 Border Area Nutrition Council third party funding contract Section 4 by increasing the awarded amount by $5,000.00 from $13,125.00 to $18,125.00. (Funding is available in the …)

 

26.      Authorizing the selection of Wilbur Smith Associates as a consultant and authorizing staff to enter into negotiations with the selected consultant for the development of the Laredo Railroad Quiet Zone Study.  The Metropolitan Planning Organization (MPO) has budgeted $104,208.00 for this project using Federal Planning Grant (PL112) funds. 

 

27.      Authorizing the selection of Alliance Transportation Group, Inc. as a consultant and authorizing staff to enter into negotiations with the selected consultant for the development of the River Road Feasibility Study.  The Metropolitan Planning Organization (MPO) has budgeted $60,000.00 for this project using Federal Planning Grant (PL112) funds. 

 

28.      Consideration to award contract number FY05-026 to the low bidder, RM Personnel, Inc. Laredo, Texas in the estimated amount of $115,000.00 for providing contract employees for the Police, Traffic, Safety and Convention and Visitors Bureau Departments.  Temporary contract employees have been requested for office and custodial positions.  Funding is available in the respective departmental budgets.

 

29.      Authorizing the City Manager to execute a bond conditioned on the faithful performance of duties for City’s Tax Assessor Collector in the amount of $100,000.00 in accordance with Section 6.29 of the Texas Property Tax Code.

 

30.      Refund of property tax in the amount of $73,217.69 to the following taxpayers and companies:

 

1.           A refund in the amount of $53,735.60 payable to Wal-Mart Stores Texas LP due to a double payment.  Account # 801-23023-109.

2.           A refund in the amount of $761.92 payable to Mary Lou Garcia due to a double payment. Account # 438-00725-030.

3.           A refund in the amount of $1,577.51 payable to Enron Metals & Commodity Corp. due a decrease in value as certified by the Webb County Appraisal Review Board.  Personal property did not exist first of year.  Account #801-05021-105.

4.           A refund in the amount of $523.91 payable to Congregacion Central De Los Testigos De Jehova due to a Religious organization Exemption granted by the Webb County Chief Appraiser.  Account # 218-00854-010.

5.           A refund in the amount of $510.62 payable to Countrywide Home Loans due to a double payment.  Account # 443-00993-070.

6.           A refund in the amount of $603.43 payable to Countrywide Home Loans due to a double payment.  Account # 985-40003-170.

7.           A refund in the amount of $790.45 payable to Countrywide Home Loans due to a double payment.  Account # 980-60001-020.

8.           A refund in the amount of $616.62 payable to Countrywide Home Loans due to a double payment.  Account # 909-00046-120.

9.           A refund in the amount of $673.47 payable to Countrywide Home Loans due to an overpayment.  Account # 985-83003-100.

10.      A refund in the amount of $3,692.50 payable to Webb County Title due to an overpayment.  Account # 549-01299-040.

11.      A refund in the amount of $3,351.98 payable to Webb County Title due to an overpayment.  Account # 549-01299-070.

12.      A refund in the amount of $586.49 payable to Towers of America LLP due to a double payment.  Account # 800-01024-110.

13.      A refund in the amount of $1,038.56 payable to Landamerica  Tax & Flood Service due to an overpayment.  Account # 983-60005-180.

14.      A refund in the amount of $753.06 payable to Landamerica Tax & Flood Service due to a double payment.  Account # 923-00017-349.

15.      A refund in the amount of $716.37 payable to Landamerica Tax & Flood Service due to a double payment.  Account # 923-00013-258.

16.      A refund in the amount of $700.38 payable to Landamerica Tax & Flood Service due to a double payment.   Account # 984-10001-140.

17.      A refund in the amount of $688.72 payable to Landamerica Tax & Flood Service due to a double payment.  Account # 909-00041-697.

18.      A refund in the amount of $581.14 payable to Landamerica Tax & Flood Service due to a double payment.  Account # 968-60003-130.

19.      A refund in the amount of $552.22 payable to Landamerica Tax & Flood Service due to a double payment.  Account # 929-20002-200.

20.      A refund in the amount of $582.54 payable to Landamerica Tax & Flood Service due to a double payment.  Account # 937-20002-030.

 

31.      Consideration for acceptance of the construction of fourteen (14) Septic Tanks at El Pico Road On-site Wastewater Treatment Systems and approval for final payment in the amount of $4,738.70 to Guillermo Gallegos Backhoe Service, Inc., Laredo, Texas.  The final contract amount is $94,774.00.  Funding is available in the Colonias Construction Fund.

 

32.      Amending the construction contract between the City of Laredo and Jimmy Closner and Sons Construction Co., Inc., Mercedes, Texas in the amount of $10,000.00 for the construction of the Mines Road Work Order #2 – Water Main and Pump Station Project. The amendment is required for the over- sizing of the ground storage tank from 66,000 gallons to 250,000 gallons. Funding is available in the Waterworks Fund.

           

XII. STAFF REPORTS

 

33.       

A.                 Discussion with possible action to consider Police Officer Jose L. Ramos’ fourth request for an extension of injury leave with pay in accordance with 143.073(b) of the Texas Local Government Code.

 

B.                 Discussion with possible action to consider Police Officer Jesus Munoz’ first request for an extension of injury leave with pay in accordance with 143.073 (b) of the Texas Local Government Code.

 

C.                Discussion with possible action to consider Police Officer Barbara Goodman’s third request for an extension of injury leave with pay in accordance with 143.073(b) of the Texas Local Government Code.

 

D.                Presentation by Kimley-Horn Associates, Inc. regarding the Intelligent Transportation System Master Plan for the City of Laredo Traffic Safety Department.

           

XIII.           GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS

 

34.         

A.                 Request by Council Member Juan Ramirez

1.           Status report on Bridge II Widening Improvement Projects.

2.           Status report on El Portal Project.

3.           Discussion with possible action regarding traffic circulation on Jefferson Street in preparation for the Washington Birthday Celebration Parade.

4.           Discussion with possible action on traffic circulation around San Agustin Plaza.

 

XIV.         EXECUTIVE SESSION

           

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

 

35.      Request for Executive Session pursuant to Texas Government Code Section 551.071(1)(A) to consult with the City Attorney regarding contemplated litigation by United Water Services, L.L.C., against the City of Laredo and return to open session for possible action.

 

36.      Request for Executive Session pursuant to section 551.071(1)(A) of the Government Code to consult with the City Attorney the pending case of Martin Villarreal, et al. V. City of Laredo, et al., Cause No. L-03-11, in the U.S. District Court, Southern District of Texas, Laredo Division [Case pertaining to the Los Obispos Affordable Housing Project]; and return to open session for possible action thereon.

 

37.      Request for Executive Session pursuant to Texas Government Code Section 551.071(1)(A) to consult with City Attorney regarding pending litigation in the case styled Webb County V. City of Laredo, et al. in the 261st District Court of Travis County, Texas, Cause No. 403 943, and return to open session for possible action.           

 

 

 

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

 

 

38.      Consideration to award contract FY 05–026 to the low bidder, RM Personnel, Inc., Laredo, Texas in the estimated amount of $25,000.00 for providing contract employees for the Noise Abatement Program. Three contract employees will be required to work on an as needed basis, as a groundskeeper, maintenance worker, and clerk. Funding is available in the Noise Abatement Lease Program budget administered by the Laredo Municipal Housing Corporation.

 

XVI.         ADJOURN AS THE LAREDO MUNICIPAL HOUSING CORPORATION AND
     RECONVENE AS THE
LAREDO CITY COUNCIL.

 

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

 

39.      Consideration of award of annual supply contracts (FY04-092) to the listed vendors for providing bus and van fleet parts.  Contracts will be awarded by item(s) to the lowest responsible bidders for parts most commonly purchased for non-warranty repairs.  All items will be purchased on an as needed basis. Funding is available in the Transit Fund.

 

XVIII.     ADJOURN AS THE LAREDO MASS TRANSIT BOARD AND RECONVENE AS THE LAREDO CITY COUNCIL.

           

XIX.         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, January 5, 2005 at 7:00 p.m.

                                                                       

 

                                                                        Gustavo Guevara, Jr.

                City Secretary