CITY OF LAREDO

CITY COUNCIL MEETING

A-2005-R-012

CITY COUNCIL CHAMBERS

1110 HOUSTON STREET

LAREDO, TEXAS 78040

June 27, 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 May 16, 2005 and June 6, 2005.

 

V.                 COMMUNICATIONS AND RECOGNITIONS

 

Announcements

 

Invitations

 

Recognitions

a.      Recognition of District IV Scholarship Committee Co-Chair, Ricardo De Anda and 2005 District IV recipients: Danilea Fuentes, Melinda Yvette Peña, Angie Nataly Coronado Sala, and Jennifer Tellez of Nixon High School; Julia Gayle Gamez, Omar O. Molina, Yolanda Valdivia of Martin High School; Misael Esparza of L.B.J. High School; Jesus A. Reyes of United South School; Valeria Gonzalez and Linda Sari Palacios of Laredo Community College.

 

 

Communiqués

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

 

VI.               APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES

a.      Appointment by Council Member Alfredo Agredano of Mike Garza to the Third Party Funding Committee.

b.      Appointment by Council Member Johnny Rendon of Mike Chapa to the Historic / Landmark Board.

 

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 Nationalization of Vehicles Service on Lot 1, Block 857, Western Division, located at 3302 Santa Ursula Avenue; 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 Zoning Ordinance Map of the City of Laredo by rezoning Lot 1-6, Block 1, Sierra Vista Subdivision, Unit IV-A, located north of Sierra Vista Boulevard and west of Wright Way, from R-1 (Single-Family Residential District) to R-2 (Multi-Family Residential District);  providing for publication and effective date.  The Planning and Zoning Commission has recommended approval of the zone change.              

 

3.          Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by rezoning 15.95 acres, as further described by metes and bounds in attached Exhibit "A", located south of Hwy 359 and east of Concord Hills Boulevard, from R-1 (Single Family Residential District) to M-1 (Light Manufacturing District); providing for publication and effective date.  The Planning and Zoning Commission has recommended approval of the zone change.      

 

4.          Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by authorizing a Special Use Permit for a bar on Lot 4, Block 33, Western Division, located at 903 Lincoln Street; providing for publication and effective date.  The Planning and Zoning Commission has recommended approval of the Special Use Permit.  

 

5.          Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by rezoning 10.54 acres, as further described by metes and bounds in attached Exhibit “A”, located south of Southgate Boulevard, 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 zone change.             

 

6.          Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by rezoning 7.49 acres, as further described by metes and bounds in attached Exhibit “A”, located approximately east of the intersection of Peoples Blvd. and Port Lavaca Street, from R-1MH (Single Family Manufactured Housing 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 zone change.

 

7.          Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by rezoning 28.86 acres, as further described by metes and bounds in attached Exhibit “A”, located approximately east of the intersection of Peoples Blvd. and Port Lavaca Street, from R-1MH (Single Family Manufactured Housing 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 zone change.  

 

8.          Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by rezoning 13.36 acres, as further described by metes and bounds in attached Exhibit “A”, located approximately east of the intersection of Peoples Blvd. and Port Lavaca Street, from PUD R-1MH (Single Family Manufactured Housing District) to PUD R-1A (Single-Family Reduced Area District); providing for publication and effective date.  The Planning and Zoning Commission has recommended approval of the zone change.         

 

9.          Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by rezoning Lots 3-6, Block 1569, Eastern Division, and adjacent .076 acre tract out of Mercer Street R.O.W., as further described by metes and bounds in attached Exhibit “A”, located at 102 N. Zapata Hwy., 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 zone change.

 

10.      Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by authorizing the amendment of Ordinance 2002-O-275, which permitted an outdoor children’s amusement service business, on Lots 7 and 8, Block 305, Eastern Division, located at 818 and 820 Clark Boulevard, by amending the hours and days of operation and eliminating the fence requirement; providing for publication and effective date. The Planning and Zoning Commission did not support the applicant’s proposed conditional use permit amendment.  The Commission recommended approval of the modifications as recommended by staff.       

 

11.      Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by rezoning Lot 1, Block 1, Ejido Subdivision, located at 3301 Santa Barbara Street, 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 denial of the zone change. 

 

12.      Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by rezoning 9,100 sq. ft., as further described by metes and bounds in attached Exhibit “A,” located west of Snowfalls Drive and Piedmont Street, from R-1 (Single-Family Residential District) to R-2 (Multi-Family Residential District); providing for publication and effective date.  The Planning and Zoning Commission has recommended denial of the zone change.         

 

13.      Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by rezoning Lot 6, Block 1645, Eastern Division, located at 2716 Corpus Christi 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.       

 

14.      Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by rezoning Lots 5, 6  and 7 and part of Lots 1, 2, 3, 4 and 8, Block 854, Eastern Division, located at 4501 McPherson Road, 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 denial of the zone change.    

 

15.      Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by rezoning Lot 8 & west 1/3 Lot 7, of Block 9, Eastern Division, located at 601 Market Street, 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 denial of the zone change.         

 

16.      Public hearing allowing interested persons to comment on the 2005-2010 Five Year Consolidated Plan and One Year Action Plan which identifies the projects proposed to be funded by the U.S. Department of Housing and Urban Development through the 31st Action Year Community Development Block Grant (CDBG), the 2005 HOME Investment Partnerships Program (HOME), the 2005 American Dream Downpayment Initiative; the 2005 Emergency Shelter Grant (ESG) and through CDBG Program Income.   

                      

17.      Public hearing and introductory ordinance amending the City of Laredo FY 2004-2005 Annual Budget by appropriating revenues and expenditures in the amount of $3,500.00 in funds from the Texas Department of State Health Services for the Public Health Preparedness and Epidemiology Program of the City of Laredo Health Department for the period beginning June 1, 2005 through August 31, 2005.

 

18.      Public hearing and introductory ordinance authorizing the City Manager to amend the City of Laredo FY 2004-2005 Annual Budget by increasing revenues and expenditures in the amount of $8,789.00 in additional funds totaling $52,735.00 from the Texas Health and Human Services Commission for the Children’s Health Insurance Program (CHIP) Outreach Project of the City of Laredo Health Department, and to extend the grant period two additional months. The term period beginning September 1, 2004 through August 31, 2005; and authorizing the City Manager to execute the contract.

 

19.      Public hearing and introductory ordinance amending the City of Laredo FY 2004-2005 Annual Budget by appropriating revenues and expenditures in the amount of $50,000.00 in additional funds totaling $397,956.00 from the Texas Department of State Health Services to meet the prenatal needs for the Maternal and Child Health (MCH-Title V) Program of the City of Laredo Health Department for the period beginning September 1, 2004 through August 31, 2005.

 

20.      Public hearing and introductory ordinance amending the City of Laredo FY 2004-2005 Annual Budget by appropriating revenues and expenditures in the amount of $7,290.00 in additional funds totaling $141,632.00 from the Texas Department of State Health Services to provide chronic disease health care for the La Familia Health Care Program of the City of Laredo Health Department for the period of September 1, 2004 through August 31, 2005.

 

21.      Public hearing and introductory ordinance amending the City of Laredo FY 2004-2005 Annual Budget by appropriating revenues and expenditures in the amount of $15,000.00 in additional funds, totaling $96,751.00 from the Texas Department of State Health Services for the Title V Family Planning Services of the City of Laredo Health Department for the period beginning September 1, 2004 through August 31, 2005.

 

22.      Public hearing and introductory ordinance accepting a grant awarded and amending the City of Laredo FY 2004-2005 Annual Budget by decreasing revenues and expenses in the amount of $6,582.00 to reflect actual grant amount of $630,685.00 awarded by the Office of the National Drug Control Policy (ONDCP) High Intensity Drug Trafficking Area (HIDTA), at no cost to the city, to fund the Laredo Financial Task Force. Funds will be used to pay personnel salaries, travel and operational expenses from January 1, 2005 through December 31, 2005.  

 

23.      Public hearing and introductory ordinance accepting a grant awarded and amending the City of Laredo FY 2004-2005 Annual Budget by increasing revenues and expenses in the amount of $1,240.00 to reflect the actual grant amount of $99,916.00 awarded by the Office of the National Drug Control Policy (ONDCP) High Intensity Drug Trafficking Area (HIDTA), at no cost to the city, to fund the STX Multi-Agency Drug Related Corruption Task Force. Funds will be used to pay overtime, fringe benefits and operational expenses from January 1, 2005 through December 31, 2005.

 

24.      Public hearing and introductory ordinance authorizing the City Manager to execute a reimbursement agreement for the Santa Rita Subdivision 36 inch and 27 inch sanitary sewer line with 13 applicants, who are named in the agreement, to provide for possible reimbursement of part of the costs incurred by the applicants, in constructing a 36 inch and 27 inch sanitary sewer line in south Laredo from the South Laredo Wastewater Treatment Plant to the Laredo Community College and across Hwy 83.

 

(Recess)

(Press Availability)

 

VIII.           INTRODUCTORY ORDINANCES

 

25.      Authorizing a one time exemption for those former United Water Laredo Employees who worked for the City of Laredo prior to privatization and have been reinstated by the City of Laredo, as of May 6, 2005, of the restrictions that would have otherwise applied to these employees, specifically Code of Ordinances sections 2-59 (D) –continuous employment for six months not required; 2-59 (H) –allowed credit for annual leave earned in excess of allowable maximum amount which was paid to employee; 2-60 (K) –allowed credit for sick leave earned in excess of allowable maximum amount which was paid to employee; 2-60 (A)(1) continuous employment for six months not required to charge days used to serious illness pool; and 2-60(A)(4) –to credit the number of hours in serious illness pool they had earned less the hours they used prior to October 1, 2002; providing for severability and effective date.

 

26.      Authorizing the City Manager to grant a Right-of-Entry to the United States of America in the area encompassed by the following City-owned Blocks, for use as a work area for environmental exploration and survey, Southward and Eastward up to Tilden Avenue, including any public right-of-way abutting said blocks and any river vega land.  Said Blocks being delineated on attached copy of City Plat:  All of Blocks 015, 016, 017, 018, 019, 57 & 58, Eastern Division, City of Laredo and all of Blocks 414, 415, 416, 425, 450A, 629, 630, 644, 645, 658, 659, 672, 672A, 673, 674, 675, 676, 677, 680, 708, 708B & 724, Western Division, City of Laredo.  Said Right-of-Entry being described on attached Exhibit 1; and providing for an effective date.

 

27.      Authorizing the City Manager to execute a lease with Webb County, for its Head Start Program, for the rental of the parcel described as Lots 1, 2, 3, & 4, Block 321, Eastern Division, City of Laredo, Webb County, Texas, for a term of two (2) years, at a monthly rent of $575.00, and the form of said lease is attached as Exhibit “A”; and providing for an effective date.

 

28.      Authorizing the City Manager to execute a lease with Webb County, for its Head Start Program,  for the rental of the parcel described as Lots 6, 8, the W ½  of Lots 5 & 7, the North 56’ of Lot 4, and the W ½  of Lot 3, Block 912, Western Division, City of Laredo, Webb County, Texas, for a term of two (2) years, at a monthly rent of $625.00 and the form of said lease is attached as Exhibit “A”; and providing for an effective date.

 

29.      Authorizing the City Manager to execute a lease with Webb County, for its Head Start Program, for the rental of the parcel described as Lots 7, 8, 9, 10, 11 & 12, Block 1302, Eastern Division, City of Laredo, Webb County, Texas, for a term of two (2) years, at a monthly rent of $525.00 and the form of said lease is attached as Exhibit “A”; and providing for an effective date.

 

30.      Amending Chapter 19, “Motor Vehicles and Traffic”, Article VIII; Stopping, Standing or Parking of the Code of Ordinances of the City of Laredo:  Specifically Section 19-364, Restricted Parking Areas, establishing a “Bus Only/No Parking Tow Away Zone”, everyday between the hours of 3:00 a.m. and 10:00 p.m. on the east side of the 700 Block of Juarez, and on the north side of the 1300 Block of Farragut Street, and a “Taxicab Stand / No Parking Tow Away Zone” everyday between the hours of 3:00 a.m. and 10:00 p.m., on the south side of the 1300 Block of Matamoros Street, within the City limits of Laredo;  providing for severability, for an effective date and publication.

 

IX.               FINAL READING OF ORDINANCES 

 

31.       

2005-O-127                  Authorizing the City Manager to amend the City of Laredo Fiscal Year 2004-2005 Annual Budget by increasing revenues in the amount of $9,000.00 to the City of Laredo Health Department’s share of program income projected to be earned through lab fees, dental co-payments, adult health lab fees, and Medicaid fee reimbursements collected by the Texas Department of State Health Services Office of Public Health Practice (OPHP) Program, grant period from September 1, 2004 through August 31, 2005. The program income generated will be applied to further the activities and the scope of work of this program.

 

2005-O-128                  Authorizing the City Manager to amend the City of Laredo Fiscal Year 2004-2005 Annual Budget by increasing revenues in the amount of $2,000.00 to the City of Laredo Health Department’s share of program income projected to be earned through fees collected from client co-payments and Medicaid fee reimbursements by the Texas Department of State Health Services-La Familia Health Care Program, grant period from September 1, 2004 through August 31, 2005.  The program income generated will be applied to further the activities and the scope of work of this program.

 

2005-O-129                  Authorizing the City Manager to amend the City of Laredo Fiscal Year 2004-2005 Annual Budget by increasing revenues in the amount of $17,618.00 to the City of Laredo Health Department’s share of program income projected to be earned through fees collected from vaccines administered by the Texas Department of State Health Services-Immunization Action Plan (IAP) Program, grant period from January 1, 2004 through August 31, 2005. The program income generated will be applied to further the activities and the scope of work of this program.

 

2005-O-130                  Authorizing the City Manager to amend the City of Laredo Fiscal Year 2004-2005 Annual Budget by increasing revenues in the amount of $1,000.00 to the City of Laredo Health Department’s share of program income projected to be earned through fees collected from x-rays and Medicaid fee reimbursements by the Texas Department of State Health Services-Tuberculosis Elimination Program, grant period from September 1, 2004 through August 31, 2005.  The program income generated will be applied to further the activities and the scope of work of this program.

 

2005-O-131                  Amending the City of Laredo Fiscal Year 2004-2005 Annual Budget by appropriating revenues and expenditures in the amount $86,124.00 in additional funds from the Texas Department of State Health Services for a total budget amount of $549,201.00 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.

 

2005-O-132                  Authorizing the City Manager to amend the City of Laredo Fiscal Year 2004-2005 Annual Budget by increasing revenues and expenditures in the amount of $12,274.00 from the University of Texas at San Antonio for a “Walking in Laredo / Andando en Laredo” (Pilot) Pedometer Pilot Study by the City of Laredo Health Department, and to extend the term of the study six additional months from June 15, 2005 through December 31, 2005, bringing the total grant amount to $15,674.00.

 

2005-O-133                  Amending the City of Laredo Fiscal Year 2004-2005 Annual Budget by appropriating revenues and expenditures in the amount of $27,500.00 from the Texas Department of State Health Services – Office of Border Health for the City of Laredo Health Department, period beginning June 1, 2005 through August 31, 2005.  These funds are awarded specifically for the “Binational Health to Foster Development” Conference to be held on June 21, 2005 through June 24, 2005.

 

2005-O-135                  Authorizing the City Manager to accept a grant in the amount of $50,000.00 from the Texas Department of Transportation for the Driving While Impaired Enforcement and authorizing the City Manager to amend the City of Laredo’s Fiscal Year 2004-2005 Annual Budget in the amount of $50,000.00.  This grant is for overtime salaries and fringe benefits which are funded 100% by the Texas Department of Transportation.

 

2005-O-136                  Authorizing the City Manager to accept and execute the Federal Transit Administration (FTA) Grant, Section 5307, TX-90-X664, in the amount of $2,081,869.00 for Fiscal Year 2004-2005; and to amend the Transit System’s Operating Budget by decreasing the Fiscal Year 2004-2005 FTA Operating Grant contribution from $3,200,000.00 to $2,081,869.00 and increasing the Transit sales tax match for operating expenses from $4,079,947.00 to $5,198,078.00 and providing for grant funds to be deposited in the City of Laredo Transit Fund.

 

2005-O-137                  Authorizing the City Manager to execute an amendment to lease agreement authorized by Ordinance No. 2005-O-074 dated April 4, 2005, with Paul Young Properties, Ltd., for approximately 3.632 acres of land located north of the Airport Passenger Terminal at the Laredo International Airport by allowing Paul Young Properties, Ltd., to assign its leasehold interest to Paul Young Chevrolet, Inc. All other terms and conditions remain unchanged and in effect; providing for an effective date.

 

2005-O-138                  Authorizing the City Manager to execute an amendment to the lease agreement approved by Ordinance No. 91-O-266 dated December 2, 1991, and as amended by Ordinance No. 2000-O-210 dated August 28, 2000, with Josefa Lago de Sarabia, Lessee, for Hangar No. 162 located at the Laredo International Airport.  Said lease will be amended as follows:

A.       Extend the lease term an additional five (5) years ending on September 30, 2014;

B.       Allow Lessee to assign its leasehold interest; with prior written consent from Lessor;

C.       Apply insurance proceeds received in the amount of Fourteen Thousand Seven Hundred Forty-Six Dollars ($14,746.00) for Lessee’s use to make structural roof repairs; and

D.       Waive Lessee’s rental obligation for three months.

    All other terms and conditions remain in the same and in 
    effect; providing for an effective date.

 

2005-O-139                  Approving and authorizing the City Manager to sign an interlocal agreement with Webb County for the purposes of:

(1) accepting a grant in the amount of $50,000.00 from Webb County for lighting improvements at the baseball field at Father McNaboe Park;

(2) accepting a grant in the amount of $50,000.00 from Webb County for specified improvements to be done at Noon Lions Park; and

(3) authorizing the City Manager to lease a parcel of 4,956.00 square feet out of the Ladrillera Recreation Center Area to Webb County for a term of 5 years at no rent, and 60 day right of termination and commencing when this ordinance is passed; all as set forth in Exhibit 1 attached to this ordinance; and providing for effective date.

 

2005-O-140                  Closing as public easements those sections of Maher Avenue between Bustamante Street and Bartlett Avenue, including the west turning lane towards Bartlett Avenue and that section of Daugherty Avenue between Bustamante Street and Maher Avenue, situated in the Laredo Airport Subdivision, City of Laredo, County of Webb, Texas, and providing for an effective date.

 

2005-O-141                  Authorizing the City Manager to execute all necessary documents to effectively convey fee simple title to Consuelo Lugo Rivas and Fred Boubel, Jr. for the “Surface Only” at its adjusted market value of $3,641.00 for certain property described as Tract “A” containing 661.66 sq. ft. (0.0152 of an acre), and Tract “B” containing 2,354.46 sq. ft. (0.0541 of an acre) both tracts being out of the former north one-half section of Canada Avenue between O’Kane and Clark Streets provided that the City of Laredo retains entire Tract “B” as a drainage and utility easement; said tracts being situated in the Eastern Division, City of Laredo, Webb County, Texas being generally described on attached Exhibits “A”, “B” and “C”  and providing for an effective date.

 

2005-O-142                  Amending Chapter 19, “Motor Vehicles and Traffic”, Article VIII; Stopping, Standing or Parking, of the Code of Ordinances of the City of Laredo; specifically Section 19-364, restricted parking areas, establishing a “No Parking Anytime/Tow Away Zone” on the east and west side of Livingston Drive, between North Star Drive and Shiloh Drive and between Shiloh Drive and 300 feet north of Shiloh Drive, within city limits of Laredo; providing severability and for an effective date and publication.

 

X.                 RESOLUTIONS

 

32.       2005-R-058    Authorizing the City Manager to submit a grant application to the United States Environmental Protection Agency in the amount of $87,750.00 with the City designating $29,250.00 in matching funds for a total of $117,000.00 for the Chacon Creek Stream Restoration Project, Phase-2.  There are two (2) projects sites covered by this grant along Chacon Creek.  Site 1 (27.95 acres) is the upper portion of the project  area, which lies along Chacon Creek from Highway 359 downstream to Highway 83.  Site 2 is the lower portion of the project area and includes a short stretch of the stream immediately upstream for the Rio Grande (9.97 acres).  Activities include the removal of exotic vegetation and man-made debris, restoration of native trees, shrubs, grasses and forbs, control erosion and stabilize the bank along a limited, problem area on lower Chacon Creek.  Matching funds are available in the NPDES fund.

 

33.      2005-R-059     A resolution of the City of Laredo, Texas authorizing intervention in the AEP Texas Central Company’s True Up Proceedings to be filed at the Public Utility Commission of Texas, and authorizing the joining with other intervening Cities to coordinate efforts to protect municipal and rate payer interests; authorizing the hiring of attorneys and consultants; and requiring AEP for reimbursement of the Cities’ rate making costs.

 

34.      2005-R-060     Declaring a public necessity to utilize the area under IH-35 between Park Street and Sanchez Street, as a parking staging area for the Seven Flags-Seven Cultures Festival on July 1-2, 2005 and authorizing the City Manager to enter into an agreement with the Texas Department of Transportation for the use of said property.

 

35.      2005-R-061     To accept the findings of the Community Needs Assessment prepared by Fox, Smolen and Associates, the Technical Evaluation prepared by Columbia Telecommunications Corporation and the Franchise Fee Audit and Financial Analysis prepared by C2 Consulting Services; of Time Warner Cable for the City of Laredo Cable Franchise renewal process.  (Action on item #62 recommended)

 

36.      2005-R-062     Supporting the development by Laredo Racing Partners of a Class 2 Racetrack Facility that would facilitate thoroughbred and quarter horse racing, pari-mutuel betting and simulcast race wagering as a means to further promote local tourism and economic development.

 

XI.               MOTIONS

 

37.      Consideration for approval to annul the construction contract with Brothers Paving, Inc., Laredo, Texas, for the Ejido Avenue Extension (Pita Mangana Boulevard – Chacota Street).  The construction contract was awarded on January 27, 2005, however Brothers Paving Inc., has been unable to provide the surety as required by the bid documents.  Per Section C-409 of the contract documents, in the case annulment of award, the proposal guaranty shall become the property of the Owner (City of Laredo), not as a penalty but as a liquidated damage (copy attached); and approval to revise the plans and re-bid the project.

 

38.      Consideration for approval to rescind the selection of Cook-Joyce, Inc., for the design and permitting of the Materials Recovery Center for the City of Laredo Landfill in accordance with the requirements of the Texas Commission on Environmental Quality and approving the selection of Freese and Nichols, Inc., Fort Worth, Texas, in association with Trinity Consulting Company, Laredo, Texas, and Sepulveda Associates, Laredo, Texas, and authorization to negotiate a professional services contract. Funding is available in the Solid Waste Fund.

 

39.      Consideration for approval of Change Order No. 4 a decrease of $822.50 for the balance of quantities actually constructed in place, acceptance of the Seven Flags Park Rehabilitation and approval of final payment in the amount of $40,813.49 to Rhino Builders, Ltd., Laredo, Texas. Staff recommends two days liquidated damages for contract time overrun in the amount of $800.00; therefore, the net final payment is $40,013.49. Final contract amount is $455,269.75. Funding is available in the Capital Improvement Fund – Seven Flags Park.

 

40.      Appointment of Mayor Pro Tempore as per Ordinance 90-O-101 at the first meeting after all council members are elected and qualified, City Council shall confirm one of the Council Members who shall be known and designated as Mayor Pro Tempore.

 

41.      Consideration to authorize the City Manager to sell surplus equipment to our Sister City of Leon, Guanajuato, Mexico. The sale consists of five used Ford Crown Victoria patrol units in the total amount of $10,000.00.

 

42.      Authorizing the City Manager to grant a public fireworks display permit at the Laredo Country Club and at Fire Station #11 on July 4, 2005 for Atlas Enterprises, Incorporated.

 

43.      To authorize the City Manager to execute an agreement to retain the law firm of Baker Botts, LLP for a sum not to exceed $80,000.00 to work with the City Attorney in the appeal of Martha Escamilla et al vs. the City of Laredo, Cause No. 2004CVQ000450-D2, in the District Court 111th Judicial District Webb County, Texas to the Fourth Court of Appeals, San Antonio, Texas.  Funding is available in the General Fund.

 

44.      Authorizing the City Manager to amend the Laredo Development Foundation third party funding contract Section 4 by increasing the awarded amount by $30,600.00 from $407,400.00 to $438,000.00.  Funding is available in the General Fund.

 

45.      Authorizing the City Manager to enter into a contract with Martinez Pharmacy in the amount not to exceed $51,545.00, to provide public health services to clients of the HIV/AIDS Programs of the City of Laredo Health Department for the period beginning April 1, 2005, through March 31, 2006.  Funding is available in the State Grants HIV/Ryan White and the HIV/Health and Social Services Accounts.

 

46.      Adopting a schedule of hearings and proceedings for voluntary and unilateral annexations for calendar year 2005, in accordance with Section 43.052 of the Texas Local Government Code.

 

47.      Consideration to award contract number FY05-103, to the low bidder, Home Depot, Laredo, Texas in the estimated amount of $25,000.00 for the purchase of Portland cement and concrete mix sacks.  These materials are purchased on an as needed basis by the Utilities, Public Works and Traffic Departments for construction and repair projects.  Funding is available in the respective departmental budgets.

 

48.      Consideration to award annual contract FY05-074, to the low bidders, Laredo Wholesale, Laredo, Texas, in the base amount of $58,110.50, Vehicle Maintenance Program, Inc., Boca Raton, Florida in the base amount of $37,716.90, and A & A Automotive Supplies, San Antonio, Texas, in the base amount of $15,442.90 for the purchase of general repair auto parts.  These replacement parts will be purchased on an as needed basis for all City fleet vehicles.  The contract items include:  oil/fuel filters, front end parts, hoses, clamps, belts, lamps/bulbs, service lubricants, and brakes.  Funding is available in the Fleet Maintenance Budget.

 

49.      Consideration to award service contract FY05-098 to Corpus Christi Harley-Davidson, Laredo, Texas in the estimated annual amount of $25,000.00 for repair parts and service for the Police Department’s motorcycle fleet.  Funding is available in the Fleet Maintenance budget.

 

50.      Consideration to award contract FY05-099 to Nick Benavides, Laredo, Texas, in the total amount of $38,000.00, for the cleaning of a section of Zacate Creek located north of the Zacate Creek Wastewater Treatment Plant.  Funding is available in the Environmental Services Department Budget.

 

51.      Consideration to authorize the purchase of a pavilion shelter from Hunter-Knepshield of Texas, Plano, Texas through the Texas Local Government Purchasing Cooperative (Buy Board) contract pricing in the total amount of $28,146.69.  This pavilion shelter will be installed as part of the Chacon Creek Hike and Bike Trail Project.  Funding is available in the Capital Improvement Project (CIP) Fund.

 

52.      Consideration to award contract number FY05-102, to the low bidders, Precision Delta Corporation, Ruleville, MS, in the amount of $64,455.00; Dakota Ammo, Inc., Sturgis, S.D., in the amount of $7,693.50; and G.T. Distributors, Inc., Austin, TX., in the amount of $6,841.02 for the purchase of practice and duty ammunition for the Police Department.  Bids were requested on the following ammunition types: .45 ACP, 9mm, 40 cal., 38 cal., .45 Plus, .380 and .223 cal.  The Police Department’s recommendation is based on a specific brand of ammunition.  Funding is available in the Police Department budget.

 

53.      Consideration to award contract FY05-097 to Clark Hardware LTD., Laredo, TX, in the estimated annual amount of $40,000.00 for the purchase of plumbing supplies for city maintenance and repair projects.  This is an annual contract and all items will be purchased on an as needed basis throughout the year for various city departments.  Funding is available in the Parks and Recreation Department, Airport, Public Works, Civic Center, Health, Municipal Housing and Utilities Department Budgets.

 

54.      Consideration to rescind the contract amount awarded by the City Council on June 6, 2005 to Arguindegui Oil Co, Laredo, Texas, for bid FY05-076 for the purchase of unleaded and low sulfur and high sulfur diesel fuel; and consideration to award this contract to Oil Patch Petroleum, Inc., Corpus Christi, Texas.  Arguindegui Oil Co. has notified the City that they made a mistake in their bid contract pricing and will be unable to fulfill the contract requirements.  Funding is available in the Fleet Maintenance Fund.

 

55.      Consideration to award contract number FY05-073, to the low bidder meeting specifications, Landfill Service Corporation, Apalachin, NY, in the amount of $343,053.12 for a two (2) year contract for providing the equipment and material for an alternative daily cover system for the landfill operation.  Funding for this contract is available in the Solid Waste Fund.

 

56.      Consideration to award contract number FY05-088, to Phoenix Recycling, Pawleys Island, SC. in the amount of $92,475.00 for the purchase of 1.5 million plastic bags for use in the City’s Recycling Program.  The bid pricing is thirty two (32) percent higher than the previous purchase amount.  Funding is available in the Solid Waste Fund.

 

57.      Consideration to renew the contract for the collection of delinquent property taxes with De Anda Law Firm for the period of October 1, 2005 to September 30, 2008.  New contract reflects minor changes which strengthen reporting and documentation requirements. Attorney fee’s payable to Attorney under this contract shall not exceed the amount actually received by the City as collection costs from delinquent taxpayers.

 

58.      Refund of property tax in the amount of $12,659.45 to the following taxpayers and companies:

1.      A refund in the amount of $2,015.05 payable to Green Tree Servicing due to an overpayment.  Account# 812-06000-364.

2.      A refund in the amount of $4,077.72 payable to Benchmark Energy Products due to a decrease in value as certified by the Webb County Appraisal Review Board.  Supplement #10.

                                         Account# 801-02024-135.

3.      A refund in the amount of $6,566.68 payable to Alexander Investments due to a decrease in value as certified by the Webb County Appraisal Review Board.  Supplement #10.

                                         Account# 324-00041-010.

 

59.      Approving monthly adjustments to the tax roll. The amount to be adjusted for the month of May 2005 represents a decrease of $38.53. These adjustments are determined by the Webb County Appraisal District and by court orders.

 

60.      Authorizing the City Manager to execute a Letter of Intent agreement with The Laredo Water Company, through its managing partner B1, LLC, (referred to as “Company”) that will authorize the City Manager to enter into non-exclusive, formal discussions and negotiations of terms related to the Company’s proposal to sell water to the City of Laredo.

 

61.      Consideration to reject the two bids received for the Laredo Street Drainage Improvements Phase I since both bids are 45% to 67% over the projected consultant cost estimate and over the project budget; and approval to revise the plans and re-bid  the project.    

 

XII.             STAFF REPORTS

 

62.       

A.     Presentation by Blasita J. Lopez, Public Information and Telecommunications Manager, Fox Smolen and Associates and C2 Consulting Services summarizing the findings of independent studies conducted for the franchise renewal with Time Warner Cable.

 

XIII.           GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS

 

63.       

            A.        Request by Council Member John C. Galo

1.           Discussion with possible action regarding obtaining insurance coverage of pre-existing exclusions as it pertains to former United Water Laredo employees who worked for the City of Laredo prior to privatization and who have been reinstated by the City.

 

2.           Discussion with possible action regarding the acquisition of 20 acres for the future development of a water/spray park.  

 

3.           Discussion with possible action regarding the City’s ability to re-route the City’s colonia water and sewer lines around those areas for which right of way  and or easement is denied by the property owner and to eliminate those areas from the project.   

B.        Request by Council Member Gene Belmares

1.           Discussion with possible action regarding the installation of speed humps on Village Boulevard, east of Springfield Avenue.

2.           Discussion with possible action regarding the maintenance of the American Electric Power (AEP) easement between Candlewood and New Castle.

 

C.        Request by Council Member Juan Ramirez

1.           Discussion with possible action regarding the installation of traffic lights at Matamoros and San Enrique and Houston and San Enrique Streets.

2.           Discussion with possible action regarding the 4th of July parade and providing an electrician for the July 4th festivities at the Civic Center Ballroom.

3.           Discussion with possible action regarding odor control and traffic at the intersection of Zaragoza and Flores.

 

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 THE LAREDO MASS TRANSIT BOARD

                       

64.      Consideration for approval to award a construction contract to the lowest bidder, ALC Construction, LLC, Laredo, Texas, in the bid amount of $36,305.00 for the reconstruction of the Market/Bartlett Intersection. Funding is available in the Transit System Improvements Other Than Buildings – TRMARK.

 

65.      Consideration for approval to award a construction contract to the sole bidder J. Solis Maintenance and Welding Services, Laredo, Texas, in the base bid amount of $135,735.00 for the Transit Sales Tax Project which includes the Reconstruction of Arkansas Avenue / Clark Street Intersection and San Eduardo Avenue / Sanchez Street Intersection. Funding is available in the Transit System Improvements Other Than Buildings – TREDUA.

 

66.      Consideration to rescind the contract awarded by the Mass Transit Board on June 6, 2005 to Arguindegui Oil Co., Laredo, Texas for bid FY05-076 for the purchase of unleaded and low sulfur and high sulfur diesel fuel; and consideration to award this contract to Oil Patch Petroleum, Inc., Corpus Christi, Texas. Arguindegui Oil Co. has notified the City that they made a mistake in their bid contract pricing and will be unable to fulfill the contract requirements.  Funding is available in the Transit Fund.

 

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, June 22, 2005 at 5:30 p.m.

                                                                       

 

 

                                                                        Gustavo Guevara, Jr.

                                                                        City Secretary