CITY OF LAREDO

CITY COUNCIL MEETING

A-2005-R-09

CITY COUNCIL CHAMBERS

1110 HOUSTON STREET

LAREDO, TEXAS 78040

May 2, 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 March 29, 2005, April 4, 2005 and April 22, 2005.

 

V.                 COMMUNICATIONS AND RECOGNITIONS

 

Announcements

a.            Presentation by Fernando J. Guerra regarding the Eagle Scout Project to benefit American soldiers in Iraq.

 

Invitations

 

Recognitions

a.       

Communiqués

 

VI.               APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES

           

a.           


VII.             PUBLIC HEARINGS

 

1.          Public hearing and introductory ordinance amending the City of Laredo Fiscal Year 2004 - 2005 Airport Construction Budget to recognize additional revenues from a grant received from the Federal Aviation Administration Airport Improvement Program being Grant Project No. 3-48-0136-44-05 in the amount of $4,271,932.00 to rehabilitate a portion of Runway 17R and to improve runway safety area at the Laredo International Airport and appropriating said grant revenue and local match to the appropriate expenditure accounts and authorizing the City Manager to implement said budget amendment. This grant in the amount of $4,271,932.00 was augmented by the amount of $1,271,932.00 from the original grant announcement of $3,000,000.00.

 

2.          Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by rezoning the North 2/3 of Lots 1 and 2, Block 1738, Eastern Division, located at the intersection of Zacatecas Street and Arkansas Avenue, 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.

 

3.          Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by rezoning 1.64 acres, as further described by metes and bounds in attached Exhibit “A”, located south of Del Mar Blvd. and east of Country Club Dr., from R-2 (Multi-Family Residential District) to B-3 (Community Business District); providing for publication and effective date.  The Planning and Zoning Commission has recommended approval of the proposed zone change.

 

4.          Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by rezoning Lot 1 and the west ½ of Lot 2, Block 993, Eastern Division, located at 1801 Market St., from R-O (Residential/Office 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.

 

5.          Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by rezoning Lots 7 and 8, Block 1016, Eastern Division, located at 2820 S. Hwy 83, from B-3 (Community Business District) to B-4 (Highway Commercial District); providing for publication and effective date.  The Planning and Zoning Commission has recommended approval of the proposed zone change.

 

6.          Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by rezoning 12.85 acres, as further described by metes and bounds in attached Exhibit “A”, located west of Bob Bullock Loop, from AG (Agricultural District) to R-1A (Single-Family Reduced Area District); providing for publication and effective date.  The Planning and Zoning Commission has recommended approval of the proposed zone change.

 

7.          Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by rezoning all of Block 5, Colonia Los Obispos Subdivision, Unit V, located at the intersection of Sierra Vista Boulevard and South Lucy Street, from R-1 (Single-Family Residential District) to B-1 (Limited Commercial District); providing for publication and effective date.  The Planning and Zoning Commission has recommended denial of the proposed zone change.

 

8.          Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by rezoning Lots 10, 11, and 12, Block 629, Eastern Division, located at 1102 Chihuahua Street, from R-O (Residential/Office 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.

 

9.          Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by rezoning 48.18 acres, as further described by metes and bounds in attached Exhibit “A”, located east of Lakeside Subdivision, Phase 11 and 12 , 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.

 

10.      Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by rezoning 26.28 acres, as further described by metes and bounds in attached Exhibit “A”, located approximately south of University Boulevard and west of Casa Verde Road, from R-1 (Single-Family Residential District) to B-3 (Community Business District); providing for publication and effective date.  The Planning and Zoning Commission has recommended approval of the proposed zone change.

 

11.      Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by rezoning 13.03 acres, as further described by metes and bounds in attached Exhibit “A,” located north of Summerwind Subdivision, Unit I, from R-1 (Single-Family 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.

 

12.      Public hearing and introductory ordinance amending the Fiscal Year 2004 - 2005 Annual Budget for Parking Meter Fund and 2002 Certificate of Obligation Fund by $408,781.00 and $1,091,219.00 respectively to appropriate proceeds from sale of land of Lots 1,2,3 and 4 on Block 276A Western Division located on the south side of the 1500 Block of Zaragoza Street.

 

13.      Public hearing and introductory ordinance amending the City of Laredo Code of Ordinances Chapter 33, Article VII entitled Stormwater Fees to include a new section, 33-445, as well as amending the stormwater rates for residential and multifamily customers and the rate for additional meters for commercial customers; providing for publication and effective date.                                  

 

14.      Public hearing and introductory ordinance amending the City of Laredo Fiscal Year 2004-2005 Annual Budget by appropriating revenues and expenditures in the additional amount of $35,000.00 for a total amount of $175,000.00 from the Texas Commission on Environmental Quality (TCEQ) to continue the operation of the two continuous air monitoring stations (CAMS) by the City of Laredo Health Department, by extending the grant period which ends August 31, 2005, an additional six months. The term period would be September 1, 2003 through February 28, 2006; and authorizing the City Manager to execute the contract.

 

15.      Public hearing and introductory ordinance amending the City of Laredo Fiscal Year 2004-2005 Annual Budget by reducing the amount by $10,138.00 to reflect the actual award of $318,929.00 from the South Texas Development Council for the HIV/AIDS Ryan White Title II Services Program of the City of Laredo Health Department for the period of          April 1, 2005 through March 31, 2006.

 

16.      Public hearing and introductory ordinance authorizing the City Manager to accept a $20,000.00 donation from the Del Mar Little League and to amend the City of Laredo Fiscal Year 2004-2005 Capital Improvement Fund by appropriating revenues and expenditures in the amount of $20,000.00 in the form of a donation for the purchase and installation of lights at the Community Senior League Field located at 400 St. James. 

 

17.      Public hearing and introductory ordinance authorizing the City Manager to accept a grant in the amount of $8,000.00 from the Texas Department of Transportation for the enforcement of the seat belt law and authorizing the City Manager to amend the City of Laredo’s Fiscal Year 2004-2005 Annual Budget in the amount of $10,112.00. This grant is for overtime salaries and is funded 100% by the Texas Department of Transportation. Fringe benefits totaling $2,112.00 will be paid by the City of Laredo.

 

 

(Recess)

(Press Availability)

 

VIII.           INTRODUCTORY ORDINANCES

 

18.      Authorizing the City Manager to execute a lease with Laredo’s Foot Care Center for approximately 5,600 square feet constituting Building No. 1054 located at 4812 North Bartlett Avenue at the Laredo International Airport. Lease term is for ten (10) years commencing on June 1, 2005 and ending on May 31, 2015, and may be extended for two (2) terms of five (5) years each ending on May 31, 2020 and May 31, 2025. Monthly rent shall be $4,200.00 and will be adjusted annually according to changes in the Consumer Price Index and further adjusted by fair market rent appraisal on the 10th anniversary; providing for an effective date.  

 

19.      Authorizing the City Manager to execute all necessary documents to effectively convey fee simple title to El Portal Center, LLC., for the “Surface Only”, at its market value of $100,000.00 for certain property described as being a 6,666 sq. ft. tract of land, more or less, out of that former section of Davis Avenue between Zaragoza and Water Streets, situated in the Western Division, City of Laredo, County of Webb, Texas being generally described on the attached Exhibit; and providing for an effective date.

 

20.      Authorizing the City Manager to execute Lease No. DTFA07-95-L-01050 between the United States of America, represented by the Federal Aviation Administration (FAA), and the City of Laredo and thereby merging FAA Lease No. DTFA07-95-L-01115 which ends on September 30, 2005, providing necessary land areas for Runway 17R Localizer (LOC) at the Laredo International Airport. FAA seeks to merge existing Lease No. DTFA07-95-L-01050 which ends on September 30, 2009, providing the medium intensity approach lighting system with runway indicator lights (MALSR) Runway 17R. Therefore, the parties hereto mutually desire to incorporate Lease No. DTFA07-95-L-01115 into Lease No. DTFA07-95-L-01050 for efficiency in the administration of FAA leases. There is no rental cost since FAA maintains and operates these facilities; providing for an effective date.

 

21.      Authorizing the City Manager to execute Supplemental Lease Agreement (SLA) Number 1 to Lease No. GS-07B-15259 approved by Ordinance No. 2002-O-325 dated December 16, 2002, with the General Services Administration for approximately 1,313 square feet constituting office space occupied by the Transportation Security Administration located at 5210 Bob Bullock Loop at the Laredo International Airport. Said Supplemental Lease Agreement extends the lease term three (3) years until November 17, 2007, and revises the monthly rent amount to $3,166.67. All other terms and conditions remain unchanged and in effect; providing for an effective date.

 

22.      Authorizing the City Manager to execute a lease between the City of Laredo, as Lessor and L.A. Ventures, Inc., as Lessee, for approximately 3.64 acres of land known as Tract 9, Lot 1, Block 1, located at the Laredo International Airport Passenger Terminal Subdivision. Lease term is for forty (40) years commencing on June 1, 2005 and ending on May 31, 2045. The initial monthly rent is $3,508.00 and will be adjusted annually based on the changes in the Consumer Price Index and adjusted by fair market rent appraisal on 10th, 20th, and 30th anniversaries; providing for an effective date.

 

23.      Amending the City of Laredo Code of Ordinances, Chapter 15-Health and Sanitation, Article III-Cleanliness and Sanitation of Premises, specifically amending: Section 15-37 by adding definitions; Section 15-41 providing for Penalty; Section 15-42 providing for issuance of a Notice of Violation; Section 15-43 outlining process for Service of Notice of Violation; Section 15-45 providing for Assessment of Expenses of Clean-up; Section 15-46 detailing procedures for a Lien for the Costs of Clean-up; providing for publication and for an effective date.

 

24.      Amending the City of Laredo Code of Ordinances, Chapter 14-Garbage, Trash and Refuse, Article IV- Junked Vehicles by providing in Section 14-24 that Junked Vehicles are Nuisances; Section 14-25 amending the Penalty for Maintaining a Nuisance; Section 14-26, providing for Notice to Abate Nuisance; Section 14-27 providing for Hearing on Abatement of Nuisance; Section 14-28 providing for Disposal of Junked Vehicles; and Section 14-29 providing for Exceptions; providing for publication and for an effective date.

 

25.      Authorizing an amendment of the lease dated May 18, 2004, as authorized by Ordinance No. 2004-O-039, with Morgan Stern Realty Holdings, LLC, Cathy Associates LLC, and Mary Associates, LLC, which amendment:

1.        Approves of transfer of lease to El Portal Center, LLC;

2.        Adds 31,764 square feet to the leased area (tract 6); and

3.        Adds monthly rental for tract 6 of $794.00;

Said lease amendment being Exhibit A of this Ordinance; and providing for effective date.

 

26.      Opening as a public street and easement that section of Cherry Hill Drive between Sandman and East Calton Road situated in the Laredo Airport Subdivision, City of Laredo, Webb County, Texas; and rescinding Ordinance No. 2004-O-262 dated October 25, 2004, which closed the same as a public easement; and providing for effective date.

 

 

 

 

 

IX.               FINAL READING OF ORDINANCES 

 

27.       

 

2005-O-087                  Amending the City of Laredo FY 2005 Bridge System Fund by appropriating revenues and expenses in the amount of $453,820.00 through a transfer from a balance of the Infrastructure Fund.

 

2005-O-088                  Authorizing the City Manager to accept a grant from the Bill & Melinda Gates Foundation “Staying Connected Grant” in the amount of $20,843.00 for 16 computers and software for the Laredo Public Library and its branches. This grant requires a one third match, which will be funded from General Fund in the amount of $10,421.00. The total cost of the computers is $31,264.00. The City Manager is authorized to amend the City of Laredo Fiscal Year 2004 – 2005 Annual Budget by reducing the Annual Budget in the amount of $7,236.00 and providing for an effective date. 

 

2005-O-089                  Amending the City of Laredo Code of Ordinances, Chapter 17 Library, Article I, in general, Section 17-5 “Fines and Fees for Library Services” allowing for the addition of new fees associated with new and expanded services, the deletion of fees for services no longer offered, and the updating of policies and procedures associated with these services at Laredo Public Library and its branches, providing for publication and effective date. 

 

2005-O-090                  Amending the City of Laredo Fiscal Year 2004 – 2005 Civic Center Budget, by appropriating an opening balance in the amount of $62,999.00 to the building improvements line item for continuing Civic Center improvement projects.

 

2005-O-091                  Establishing a 15% penalty on the 2004 delinquent tax accounts as of July 1, 2005 to defray costs of collection pursuant to section 33.07 (a) of the Texas State Property Tax Code; providing for publication and effective date.

 

2005-O-092                  Authorizing the City Manager to execute all necessary documents to effectively convey fee simple title to Mr. Pablo David Morales for the sale of the “Surface Only” of a tract of land containing 12,894.06 sq. ft. (0.2960 of an acre), more or less, comprised 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, Block 994, Western Division, City of Laredo, Webb County, Texas, as described on the attached exhibit, said property is being sold to the sole bidder as awarded by City Council pursuant to its public sale; and providing for an effective date. 

X.                 RESOLUTIONS

 

28.      2005-R-041     Accepting the donation of an easement for water and sewer utilities from Jose Pedro Sanchez and Minerva R. Sanchez, for the D-5 Acres Subdivision Easement Acquisition Project. This being a strip of land 15 feet in width, containing 3,218.21 square feet or 0.074 of an acre, more or less, over and across a portion of Tract 7 in the D-5 Acres Subdivision, and being situated in Porcion 33, Abstract 3084, Webb County, Texas, and described by metes and bounds and survey attached as Exhibits A and B.

 

29.      2005-R-042     Authorizing the use of surplus proceeds from the City of Laredo –Public Property Finance Contractual Obligations (PPFCO) Series 2003 in the total amount of $22,000.00 for the purchase, installation and maintenance of video surveillance system cameras at City Hall.  

 

30.      2005-R-043     Authorizing the City Manager to submit to the Federal Emergency Management Agency (FEMA) an Assistance to Firefighters Grant (AFG) application for funding needed for a Fire Rescue Squad Apparatus for the City of Laredo Fire Department. The need for a dedicated Fire Rescue Apparatus is necessary for specialized rescue and fire safety in our community. 

 

31.      2005-R-048     Ratifying the execution of a Memorandum of Understanding between the City of Laredo, Texas, the City of Nuevo Laredo, Tamaulipas, the State of Tamaulipas, and Union Pacific Railroad declaring the intent of all parties to work together and to take the necessary steps to facilitate and expedite the  long-term plan to construct a new international railroad crossing at a point approximately three kilometers south of the World Trade Bridge.

 

XI.               MOTIONS

 

32.      Consideration to amend contract number FY04-042, awarded to the low bidder, County Wide Security, Laredo, Texas, for providing airport security guards at the Laredo International Airport Terminal. Funding is available in the Airport Construction Fund Budget. 

 

33.      Authorizing that the regularly scheduled City Council meeting set for June 20, 2005 be rescheduled to June 27, 2005.

 

34.      Authorizing an amendment to the professional services contract with Miller & Van Eaton, PLLC, Washington, DC by increasing the amount of reimbursable related expenditures to include $26,264.77 incurred by the consultant as part of the 2005 Annual Laredo Delegation Trip to Washington and Reception.  Funding is available through private sector donations in support of this trip.

 

35.      Motion authorizing the City Manager to negotiate with Central Power and Light Company as to the rates and charges for light, heat, power and other purposes to residential and commercial customers as authorized by Ordinance, until December 1, 2005 or until such time as a new franchise agreement becomes effective, whichever occurs sooner.

 

36.      Consideration to award contract number FY05-064, to the low bidders, Cintas Corporation #496, Laredo, Texas, in the amount of $47,323.91 and Al & Rob Sales, Laredo, Texas, in the amount of $9,739.05 for the purchase of uniforms for the Solid Waste, Bridge, Parking Enforcement and Animal Control personnel. Funding is available in each respective department’s fund.

 

37.      Consideration to amend contract number FY04-025, awarded to Cintas Corporation, Laredo, Texas, on February 2, 2004, for providing industrial uniform rental and laundry service to include the uniform requirements of the Utilities Department personnel. The contract vendor will be required to provide eleven sets of uniforms to the service employees and will provide weekly laundry service at a cost of $4.04 per week per employee. Funding is available in the Utilities Department Budgets. 

 

38.      Consideration to authorize the City Manager to purchase vaccines in the amount of $52,010.00 for the 2005 – 2006 flu season from the Sanofi Pasteur, Inc. (formerly Aventis). The Health Department will utilize the Texas Department of State Health Services’ federal contract pricing with Sanofi Pasteur, Inc. to purchase the vaccines. Funding is available in the Health Department Budget.

 

39.      Consideration to authorize the City Manager to purchase laboratory equipment needed for the Public Health Preparedness and Epidemiology Program of the City of Laredo Health Department in the amount of $42,000.00, from the Health Department’s Public Health Preparedness and Epidemiology Budget.

 

40.      Consideration to award contract FY05-071, to the low bidder, Pogue AGRI Partners, Kenedy, Texas, in the estimated amount of $27,707.54 for  bermuda seeds, fertilizer, and paper blocks for the Parks and Recreation Department. The term of this contract will be for a period of six months. All items will be purchased on an as needed basis. Funding is available in the Parks and Recreation Department Budget and Construction Projects.

 

41.      Consideration to award contract number FY05-067 to Capps Rent A Car, Inc., Dallas, Texas as the primary vendor and Advantage Rent-a-Car, Harlingen, Texas, as the secondary vendor to provide rental services for the Laredo Police Department. Approximately fifteen (15) to twenty-five (25) vehicles are secured for the use by the various task forces working with the Police Department. The term of these contracts is for a twenty-four (24) month period, and these contracts are contingent upon continued funding in future fiscal years. Funding is available in the Police Department Budget.

 

42.      Consideration to award contract number FY05-066 to the low bidder, Mr. Camera, Laredo, Texas, in the estimated amount of $26,596.90, for the purchase of photographic film processing chemicals for the Police Department. Funding is available in the Police Department Budget.

 

43.      Consideration to award contract number FY05-065 to the low bidder, Denco Photo, Laredo, Texas, in the estimated amount of $25,520.52, for the purchase of photographic film and film processing. A base price has been established for a twelve-month period for the purchase of 35mm and Polaroid film and photo development services for all City departments. All services and film will be secured on an as needed basis. The contract pricing is approximately 4% less than the previous contract. Funding is available in the Community Development, Parks and Recreation, Environmental Services and Planning Department Budgets.

 

44.      Consideration to authorize a contract with Truth Chemical, The Woodlands, TX; Bay Chemical and Supply Co., Odem, TX; Polydyne Inc., Riceboro, GA; DPC Industries, Corpus Christi, TX; and AOC – Acetylene Oxygen Co., Laredo, TX, for providing water and wastewater treatment chemicals for the Utilities Department for a thirty (30) day period in the estimated amount of $75,000.00. Funding is available in the Utilities Department Budget.  

 

45.      Amending the Tax Abatement Agreement between the City of Laredo and M.S. Carriers by changing the Base Year as calculated in Section 6(e) of the contract from 2001 to 2000.

 

46.      Consideration to award a professional services contract to Tedsi Infrastructure Group, Inc., McAllen, Texas in the amount not to exceed $118,600.00, for design and preparation of plans and specifications for the traffic signal and roadway improvements on Del Mar Boulevard at the intersection of Winfield Parkway on the north and J. B. Alexander Parkway on the south.  Funding is available in the Capital Improvement Fund.

 

47.      Authorizing the City Manager to execute Amendment #4 to the engineering services contract with Camp Dresser and McKee Inc. for an amount not to exceed $74,000.00 for the construction phase services such as construction observation and coordination with Ferris & Flynn, LLC regarding construction issues for the Zacate Creek Wastewater Treatment Plant. This amendment will be funded from the Odor and Corrosion Control Project, 1998A C.O., and the total amended contract will be $759,609.20.

 

XII.             STAFF REPORTS

 

48.       

A.           Presentation by Red Oak Consulting on the completion of the Business Continuity Plan for the transition of city water and wastewater utilities.

 

XIII.           GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS

 

49.       

a.       

A.        Request by Council Member Hector J. Garcia

1.      Status report on the temporary street lights being placed on Casa Blanca Road and Bob Bullock to alleviate traffic.

 

B.        Request by Council Member John C. Galo

1.      Status report on the street recycling program in District 3 with possible action.

2.      Discussion regarding the de-privatization of the City of Laredo Water-Wastewater Dept including but not limited to budget allocation, finances, press releases and PIO-releases.

 

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

1.      Discussion with possible action regarding allocating District VII Discretionary Capital Improvement Project Funds not to exceed $4,000.00 for improvements at the intersection of Sara Road and El Gato Road.

 

D.        Request by Council Member Juan Ramirez

1.      Status report on the parking around Jarvis Plaza.

2.      Status report on the repair of the water fountain at the Bruni Plaza, with possible action.

 

XIV.         EXECUTIVE SESSION

 

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

 

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

                       

50.      Consideration for approval to award a construction contract to the lowest bidder J. Solis Maintenance and Welding Service, Laredo, Texas in the bid amount of $97,943.63 for the El Metro Bus Bays Project. Funding is available in the Transit System Grant #438 – Improvements Other Than Buildings.

           

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 Wednesday, April 27, 2005 at 8:00 p.m.

                                                                       

 

 

                                                                        Gustavo Guevara, Jr.

               City Secretary