CITY OF LAREDO

CITY COUNCIL MEETING

A-2005-R-05

CITY COUNCIL CHAMBERS

1110 HOUSTON STREET

LAREDO, TEXAS 78040

March 7, 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 January 24, 2005.

 

V.        COMMUNICATIONS AND RECOGNITIONS

 

Announcements

 

Invitations

 

Recognitions

a.        Recognition of Juan Dominguez, of the Parks and Recreation Department, on his selection as February Employee of the Month.

b.        Recognition of the City of Laredo Police Department Retirees.

c.         Recognition of the City of Laredo Employees who earned a degree in 2004 from Laredo Community College or Texas A&M International University.

 

Communiqués

a.      Mayor Elizabeth G. Flores reports on the City of Laredo Health Department.

VI.       APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES

           

a.        Appointment by Cm Hector Garcia of Ana L. Alvarado to the Historic District / Landmark Board.  

b.        Appointment of Mely Paez as South Texas Library System (STLS) Lay Representative and Bertha Puig as Alternate Lay Representative for two (2) year terms as required by the “Texas Library Systems Act and rules for Administering the Library System Act” / Texas Administrative Code –Title 13: Part I: Chapter 1: Library Development Section 1.115 – 1.116. (Revised, 1993) due to the resignation of Ms. Patricia Vela.

 

VII.             PUBLIC HEARINGS

 

1.           Public hearing and introductory ordinance amending Ordinance No. 2002-O-144 authorizing the City of Laredo Health Department to revise the current laboratory analysis services to provide care for the uninsured and others who lack access to health care in Laredo and Webb County, and amending the City of Laredo FY 2004 – 2005 Annual Budget by appropriating additional funds in the amount of $31,680.00 through the end of the fiscal year. The Department recommends that a fee of $20.00 plus cost of laboratory tests performed be charged to these clients.  

 

2.           Public hearing and introductory ordinance amending Chapter 15, Article I, Section 15-6 of the Code of Ordinances for the City of Laredo by authorizing the City of Laredo Health Department to include additional dental services provided to both children and their families in the City of Laredo and Webb County, and amend the City of Laredo FY 2004 – 2005 Annual Budget by appropriating additional funds in the amount of $29,280.00. The services provided and the amount assessed will be based on an adjusted fee scale. A dental clinic user fee of $25.00 will be charged to all adults for the initial oral examination, and any needed dental services will be based on a fee schedule that has been developed. 

 

3.           Public hearing and introductory ordinance amending Chapter 15, Article I, Sections 15–9 and 15–12 of the Code of Ordinances for the City of Laredo by authorizing the City Manager to amend the City of Laredo FY 2004 – 2005 Annual Budget by appropriating revenues and expenditures in the amount of $3,000.00, and to approve the action by the City of Laredo Health Department to provide additional nursing services to address the needs of the uninsured and those without access to health care. The cost of the nurse care will be $20.00 per visit and will be for persons without health care access and/or without health insurance.  

         

(Recess)

(Press Availability)

 

VIII.           INTRODUCTORY ORDINANCES

 

4.           Authorizing the City Manager to execute Lessor’s Consent to an assignment of the lease agreement approved by Ordinance No. 90-O-67 dated April 16, 1990 between the City of Laredo, as Lessor, and Daniel Radiator Corporation, as Lessee, for a tract of land constituting approximately 184,842.80 square feet located at the Laredo International Airport, to Laredo Town Center, L.P., or its Nominee, which is allowed pursuant to the original lease terms.  All other terms and conditions remain the same and in effect; providing for an effective date.

 

5.           Authorizing the City Manager to execute an amendment to the lease agreement for approximately 16,291.44 square feet of land located at 1719 E. Hillside Street at the Laredo International Airport between the City of Laredo, as Lessor, and Miguel A. Rojas, as Lessee.  Original lease agreement was approved by Ordinance No. 95-O-177 dated August 7, 1995, and was amended by Ordinance No. 98-O-284 dated November 2, 1998.  Proposed amendment will modify Section 6.04 titled “Lessee’s Right to Encumber”   in order to allow Lessee to encumber the lease until August 2015.  All other terms and conditions remain the same and in effect; providing for an effective date.

 

6.           Authorizing the City Manager to execute a contract by and on behalf of the City of Laredo, Zone Grantee of Foreign-Trade Zone No. 94 and authorizing the City Manager to enter into an Operations Agreement with Tanjore Corporation, Ltd., Zone Site Operator, to activate approximately 10,000 square feet of warehouse space located at Foreign-Trade Zone No. 94, Site 3, effective upon execution and ending on October 31, 2009. Providing activation, administration and transaction fees be paid to the City and providing for an effective date.

 

7.           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 $26,235.00, for certain property described as a 15,432.35 sq. ft., tract of land, more or less, out of that former section of Garfield Street between Bartlett and Jarvis Avenues, to the Diocese of Laredo; provided that the City of Laredo retains the entire tract as a utility easement, said tract being situated in the Eastern Division, City of Laredo, Webb County, Texas being generally described on attached Exhibit “A”; and hereby approving the submitted Improvement Plan as described on Exhibit “B” , and which is in compliance with Section 10 of the Street Closing/Sales Policy Handbook, as approved per Resolution No. 97-R-140; and providing for an effective date.

 

8.           Authorizing the City Manager to execute all necessary documents to effectively convey to Arechiga Properties, Inc., fee simple title to the “Surface Only” at its market value of $14,310.00, for certain property described as being the East 30 feet of Lot 2, Block 899, Western Division of the City of Laredo, Texas, as per the R.L. Muller Replat of said block, being a tract of land out of said Lot 2, in the Northeast corner thereof, fronting East 47.7 feet of Santa Ursula Avenue, and running West the width of said Lot 2 a distance of 30 feet in depth; being generally described on attached Exhibit ‘A’; and providing for an effective date.

 

IX.               FINAL READING OF ORDINANCES 

 

9.            

2005-O-040             Amending the Zoning Ordinance Map of the City of Laredo by rezoning Lot 6 and the eastern ½ of Lot 8, Block 178, Western Division, located at 1015 San Dario Avenue and 609 Washington Street, from B-1 (Limited Commercial District) to B-3 (Community Business District); providing for publication and effective date.  (As Amended)

 

2005-O-041             Amending the Zoning Ordinance Map of the City of Laredo by rezoning 0.50 acres, as further described by metes and bounds in attached Exhibit “A”, located west of Hwy 83 and south of Riverhill Loop, from R-2 (Multi-Family Residential District) to B-4 (Highway Commercial District); providing for publication and effective date.

 

2005-O-042             Amending the Zoning Ordinance Map of the City of Laredo by rezoning 9.85 acres, as further described by metes and bounds in attached  Exhibit “A”, located south of Ranchway Drive, from R-2 (Multi-Family Residential District) with a Special Use Permit to B-3 (Community Business District); providing for publication and effective date.

 

2005-O-043             Amending the Zoning Ordinance Map of the City of Laredo by rezoning Lot 1, Block 9, Santa Rita IX Subdivision, located at Soria Drive and Hwy 83, from R-2 (Multi-Family Residential District) to B-3 (Community Business District); providing for publication and effective date.

 

2005-O-044             Amending the FY 2004 – 2005 Airport Budget by increasing revenues and expenditures in the amount of $29,688.00 and amending the Full-Time Equivalent (FTE) positions by one (1) additional Air Traffic controller effective April 1, 2005, subject to the Federal Aviation Administration agreeing to reimburse the City of Laredo for the cost of this position and authorizing the City Manager to submit an amended proposal to the Federal Aviation Administration for purposes of reimbursement to the City of Laredo for the cost of operating the Air Traffic Control Tower at the Laredo International Airport, and authorizing the City Manager to implement said budget amendment; providing for an effective date.

 

2005-O-045             Authorizing the City Manager to accept $14,250.00 in contributions and amending the City of Laredo FY 2004 – 2005 CVB Annual Budget by appropriating revenues of $14,250.00 in the form of corporate contributions from Wells Fargo Bank in the amount of $10,000.00 for 250th Anniversary Celebration; from La Posada Hotel in the amount of $3,500.00 for the production of a promotional CD Rom; as well as contributions from Sam’s Club Foundation in the amount of $500.00 and Rosen & Cowen Logistics Customs Services, LTD. in the amount of $250.00 for the Laredo International Sister Cities Festival, and appropriating expenditures in the amount of $10,000.00 for the 250th Anniversary Division; and $4,250.00 for CVB Marketing Division expense.

 

2005-O-046             Amending Chapter 14 (Garbage, trash & refuse) of the Code of Ordinances, specifically to refine and add definitions, to refine section titles, to revise franchise requirements, to revise landfill fees to clarify the fee for residents, change the current fee to residents for landfill disposal of yard waste from $2.00 / ton to no charge and the commercial fee for the same from $30.00 / ton to $15.00 / ton; to change the current tire disposal fee for residents from $2.00 for up to four (4) passenger car tires on weekdays and no charge on Saturdays to no charge at all times for up to four passenger car tires, and to add the acceptance of soil suitable for use as daily or intermediate landfill cover at no charge.  (As Amended)

 

2005-O-047             Amending the City of Laredo’s FY 2004-2005 full time equivalent positions by reclassifying three (3) firefighter positions to three (3) fire driver positions for the Fire Suppression Division, EMS Division and the Fire Prevention Division.  Funding for these positions is available in the Fire Department Operating Budget in the amount of $15,402.00. 

 

2005-O-048             Authorizing the City Manager to enter into license agreements with ten (10) local little league associations for the use of ten (10) City playing fields for baseball programs, the term of each being up to three (3) years; no fee will be charged by the City to the associations in view of the public benefit in permitting the associations to use the city’s facilities for baseball and softball programs to benefit the youth of Laredo.

 

2005-O-049             Setting the maximum speed limits on that portion of Killam Boulevard between IH-35 frontage and Sara Road, within the city limits of Laredo, Webb County, Texas, as 45 MPH (miles per hour), as defined in the control section map provided by the City of Laredo, Traffic Safety Department.

 

2005-O-050             Designating certain streets west of Santa Maria Avenue and east of Santa Isabel Avenue as one-way between Zaragoza Street on the south and Victoria Street on the north, providing for the installation of appropriate signs to indicate one-way traffic in the designated direction and providing for effective date.

 

2005-O-051             Establishing occupancy rules after City purchases a home under its Airport Noise Compatibility Program,   

Namely:

(1)           An occupancy term of up to 30-days rent-free
        for an owner who sells his or her home and is
        in the process of purchasing a replacement
        home; and

(2)           An additional occupancy term of up to 90-days
        rent-free for an owner who sells his or her
        home and provides evidence that he or she is
        constructing a new home and is waiting to
        move into it; and

(3)           After expiration of (1) or (2), whichever may 
        apply, the former owner holding over will be a 
        tenant at will and will be responsible for a
        monthly rent equivalent to 1/12 of 8.5% of the
        appraised value of the home; and providing for
        an effective date. 

 

X.                 RESOLUTIONS

           

10.      2005-R-018      Accepting the assignment of 5.1 acre feet of municipal water rights from the balance of 228.7545 acre feet deeded to the City of Laredo by Vaquillas Ranch Company, Ltd. by applying 5.1 acre feet of municipal water rights for water availability charges in connection with final plat of Concord Hills Phase IX.

 

11.      2005-R-022      Urging the United States Congress to reject that portion of the President’s proposed 2006 Federal Budget that calls for the reduction of the Community Development Block Grant (CDBG) Program and require that CDBG remain fully funded; and declaring this an emergency measure necessary for the immediate preservation of public peace, safety and welfare.

 

XI.               MOTIONS

 

12.      Consideration to award contract number FY05-043, to the low bidder, Al & Rob Sales, Laredo, Texas, in the estimated amount of $57,749.45 for the purchase of uniforms for Bridge Department personnel. Funding is available in the Bridge Fund.

 

13.      Consideration to authorize the City Manager to donate and or sell surplus equipment to our Sister City of Nuevo Laredo, Tamaulipas, Mexico.

 

14.      Consideration to award contract FY05-049 for the following annual contracts for repair parts and service: Kinloch Equipment, Pasadena, Texas, in the estimated amount of $40,000.00 (Elgin sweepers); Industrial Disposal Supply, San Antonio, Texas, in the estimated amount of $25,000.00 (Tymco sweepers), and Nueces Power Equipment, Laredo, Texas, in the estimated amount of $20,000.00 (Case equipment). All parts and service will be purchased on an as needed basis. Funding is available in the Fleet Maintenance Budget.

 

15.      Consideration for approval of Change Order No. 1 a decrease of $7,356.00, to delete two (2) blocks at Milmo from Lane to Musser Street, acceptance of the CDBG Sidewalks City-wide Project No. 25 (30 Blocks) and approval of final payment in the amount of $13,032.75 to Triple A Concrete, Inc., Laredo, Texas. Final contract amount is $130,327.75. Funding is available in the Community Development Fund CD Projects/School Sidewalks – 28th Action Year/2002 Grant and Retainage Payable.

 

16.      Consideration for approval of Amendment No. 1 an increase of $77,070.00 to the professional services contract with Howland Geoscience, Inc., Laredo, Texas, to award Part II of the contract to provide laboratory, sampling and testing services of materials for quality control for the City of Laredo Bridge of Americas Modification Project (El Portal). Funding is available in the Bridge System – Engineer Fees.

 

17.      Consideration to amend the existing multi-year contract with Crystal Group, Inc., a Texas Corporation from $78,450.00 up to $254,765.00 for Fiscal Year 2004 – 2005, to include contractual obligations of the City of Laredo related to lighting and staging of the “Miss Texas USA Pageant”.  Funding is available in the Laredo Conventions and Visitors Bureau Budget.

 

18.      Authorizing the City Manager to amend the existing contract with Carlos J. Romero, D.D.S., in the amount of $27,400.00, to provide public health services to clients of the Dental Clinic of the City of Laredo Health Department for the period beginning October 1, 2004 through September 30, 2005. The original contract was in the amount of $16,800.00. There is a need to increase the number of visits provided by Dr. Romero to accommodate patient load. Funds to be utilized are from the 226-6051 and 226-6079 Texas Department of State Health Services Title V-Dental Budget.

 

19.      Awarding a contract, not to exceed $34,100.00 to Musically Aligned, Descanso, California; and authorizing the City Manager to execute said professional services contract. Contract will provide for consulting services for the creation of early childhood environmental educational materials. Funding is available from a Border 2012 grant from the United States Environmental Protection Agency (USEPA) and from the NPDES Fund.

 

20.      Consideration to authorize the purchase of a forty (40) foot steel frame octagonal pavilion shelter from Hunter-Knepshield of Texas, Inc., Dallas, Texas through the Texas Local Government Purchasing Cooperative (Buy Board) contract pricing in the total amount of $25,773.00.  Utilizing the Buy Board contract pricing, this pavilion shelter will be installed by city crews at the Eastwoods Park.   Funding is available in the Capital Improvement Project (CIP) Fund.  

 

21.      Consideration to award contract FY05-047 to the sole bidder, Freedom Construction, in the amount of $50,322.85 for the replacement of fourteen (14) pairs of entrance doors at the Civic Center complex. Funding is available in the Civic Center Fund.

 

22.      Authorizing the award of a contract in the amount of $80,078.00 to Alliance Transportation Group for the development of the Laredo River Road Feasibility Study. Funding for the project is available through the Metropolitan Planning Organization (MPO) account using Federal Planning Grant (PL112) Funds.

 

23.      Authorizing the award of a contract in the amount of $129,998.00 to Wilbur Smith Associates for the development of the Laredo Railroad Quiet Zone Study. Funding for the project is available through the Metropolitan Planning Organization (MPO) account using Federal Planning Grant (PL112) Funds.

 

24.      Authorizing staff to advertise the sale of “the Surface Only” of a tract of land containing 12,894.0 sq. ft. (0.2960 of an acre); this tract is compromised of the northwest 212.01 sq. ft. of Lot 7, the west 5,737.55 sq. ft. of Lot 9 and all of Lot 10, all out of Block No. 994, Western Division, as recorded in Volume 7, Page 15 of the Plat Records of Webb County, Texas. This property is located at 1919 Ugarte Street.

 

25.      Refund of property tax in the amount of $18,258.75 to the following taxpayers and companies:

 

1.      A refund in the amount of $1,199.38 payable to Maria J. Garza due to a double payment. Account # 987-20001-080.

2.      A refund in the amount of $3,441.46 payable to Consolidated Towne East, L.C. due to a double payment. Account # 930-20000-010.

3.      A refund in the amount of $3,498.64 payable to Killam Development LTD due to an overpayment. Account # 900-90241-274.

4.      A refund in the amount of $5,735.87 payable to Killam Development LTD due to a double payment. Account # 900-90241-236.

5.      A refund in the amount of $4,383.40 payable to Wells Fargo Real Estate Tax Services, LLC due to an overpayment. Account # 989-00007-030.

 

26.      Consideration to authorize the payment of the solid waste fee assessed by the Texas Commission on Environmental Quality (TCEQ) in the estimated yearly total amount of $437,500.00. The City is assessed a solid waste fee of $1.25/ton for all waste processed (disposed) at the landfill. The Solid Waste Department estimates that approximately 350,000 tons of waste will be processed during the next year. This fee is accessed quarterly and funding is available in the Solid Waste Fund.

 

XII.             STAFF REPORTS

           

27.       

A.          Discussion with possible action to consider Police Officer Abram De la Garza’s first request for an extension of injury leave with pay in accordance with Chapter 143, Section 143.073(b) of the Texas Local Government Code.

 

B.          Discussion with possible action to consider Police Officer Jose G. Rodriguez’s first request for an extension of injury leave with pay in accordance with Chapter 143, Section 143.073(b) of the Texas Local Government Code.

 

C.         Presentation by consultant, Jay Potucek, of Au Courant Environmental, Inc., on the feasibility study for Wetland Mitigation Banking, Restoration and Enhancement of Wetlands and Riparian Corridors.

 

D.         Presentation with possible action by Webb County Heritage Foundation on the proposed bench project at Bruni Plaza. The Parks and Recreation Advisory Committee has recommended approval of this project.

 

E.          Presentation by Robert H. Siegfried, P.E., from Binkley & Barfield, Inc., regarding the Yeary Traffic Study for the City of Laredo Traffic Safety Department.        

 

XIII.           GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS

 

28.       

A.          Request by Council Member Hector J. Garcia

1.      Status Report on the Chacon Creek Tributary Project.

 

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

1.      Discussion with possible action regarding the installation of a left turn signal at the intersection of Lafayette St. and San Bernardo Ave. for eastbound traffic on Lafayette St.

2.      Discussion with possible action regarding the installation of left turn signals at the intersection of Lafayette and Santa Maria, for traffic turning east and west from Santa Maria Ave.   

 

C.         Request by Council Member Juan Ramirez

1.      Discussion with possible action regarding the installation of flood lights at the corners of Grant and Flores and Grant and San Agustin, facing San Agustin Plaza utilizing District 8 Discretionary Funds appropriated in the Capital Improvement Fund.

2.      Discussion with possible action regarding the installation of a stop sign on Zaragoza St. at the intersection of Zaragoza St. and Wilhelm Ave.

3.      Discussion with possible action regarding the placement of a mulch distribution site in west Laredo.

4.      Discussion with possible action regarding Civil Service for the City of Laredo Employees.

 

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.           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, March 2, 2005 at 7:45 p.m.

                                                                       

 

 

                                                                        Gustavo Guevara, Jr.

               City Secretary