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CITY OF CITY COUNCIL MEETING M2003-R-016 CITY COUNCIL CHAMBERS I. CALL TO ORDER With a quorum present, Mayor
Elizabeth G. II. PLEDGE OF ALLEGIANCE Mayor Flores led in the Pledge of
Allegiance. III. ROLL CALL In attendance: Elizabeth G. Flores, Mayor
Alfredo Agredano, Council
Member, District I Hector Garcia, Council
Member, District II John C. Galo, Mayor
Pro Tempore, District III Johnny Amaya, Council Member, District IV Eliseo Valdez, Jr., Council
Member, District V Gene Belmares, Council
Member, District VI Jose A. Juan Ramirez, Council
Member, District VIII Gustavo Guevara, Jr., Jaime Flores, IV.
MINUTES Approval of the minutes of Motion to approve. Moved: Cm. Agredano Second: Cm. Garcia For: 8 Against: 0 Abstain: 0 V. COMMUNICATIONS AND RECOGNITIONS Announcements None. Invitations None. Recognitions a. Recognition of the Del
Mar Little League for winning District Champs and State Finalists. Motion to postpone
for Moved: Cm. Belmares Second: Cm. Amaya For: 8 Against: 0 Abstain: 0 b. Recognition of Irma A.
Gonzalez, of the Laredo Public Library, on her selection as July Employee of the
Month. c. Recognition of Laredo
Fire Department softball team for participating in the 21st Annual Texas Firefighter Olympics in Wichita Falls, Texas by beating
Odessa, 17-12 in the championship game and receiving the gold medal. The Mayor read the following statement: The Cm.
Ramirez presented Wesley Parades a Seven Flags Certificate of
Recognition for exemplifying the qualities of a true public servant as a
police officer. Communiqués Cm.
J. Valdez asked all drivers to
observe the speed limit in school zone areas.
He also acknowledged that he was privileged to welcome First Class
Private Alberto Reyna Jr. as he arrived home from Cm.
Belmares thanked Constable Tino Juarez for helping in the safety zones for the
school districts. He noted that the
Constable does a phenomenal job directing vehicular traffic in school and
church zones. He also mentioned that
the United Independent School District Officers are doing a great job
patrolling the safety zones. Cm.
Cm.
Amaya thanked Cm. Joe Valdez and Cm. Agredano for
helping him welcome home Marine First Class Private B. J. Reyna, his nephew
who served in Mayor Pro Tempore Galo thanked Public
Works for completing the sidewalks at San Augustine School. He also congratulated Cm. Agredano and the
Parks and Recreations Department for their completion and grand opening of
the Cm.
Garcia reminded individuals to drive safely in school zones. He thanked the Laredo Police Department for
their assistance in directing traffic in the school zones. Cm.
Agredano mentioned the ribbon cutting ceremony
for the George Washington Ceremony. He
thanked Mayor Flores and other staff members for attending the George
Washington ceremony. He also thanked
United Water for replacing water pipes for one of his constituents that was
having problems at her resident. Mayor Flores mentioned the opening of VI. APPOINTMENTS TO COMMISSIONS, BOARDS AND
COMMITTEES None. VII.
PUBLIC HEARINGS 1. Public hearing
concerning a denial order issued District/Landmark Board regarding the demolition of a portion of
the structure located behind the Location: North 6' of
Lot 5 & North 6' of the Eastern
37.25' of Lot 4, and all of Lots 6-7, Block 25, Western Division Commonly known as: Petitioner: Patricia Benavides San Agustin National Register District Motion to open the public hearing. Moved:
Cm. Garcia Second:
Cm. Amaya For: 8 Against: 0 Abstain: 0 Ron Whitehawk, representing the Mrs.
Patricia Benavides, read the following letter from David Zuniga Dear Council Members, I was asked to determine if it is feasible to demolish an old Jitney
Jungle Store leaving in tack the apartments, which constituted south east
rear quadrant. On July 18th
an 19th I conducted sight visits to assess the property and I
conclude the following: 1. Demolition of the main
foundation will compromise the structural integrity of the foundation
and will require a new grade beam system. 2. The roof and second
story wall structures of the apartment section normally demolished first would present a life safety
hazard during demolition of surrounding sections and would require extensive
shoring systems. 3. The west and north
walls of the apartment portion would have to be enclosed after demolition and the new walls would have the meet
the esthetic standard continent with the existing construction. 4. The apartment facod
reinforced concrete and the sub flooring systems steel are the only surface able elements of the apartment
portions of the building. The roof and
floor structures show extensive fire and water damage. Neither is competent to receive working
loads and would have to be replaced for occupancy. Even in areas not destroyed by fire and
open to the elements the roof is not weather tight. The beautiful architectural door and window
trims are rotten beyond repair. All
window frames are missing or beyond repair.
All door frames, doors, interior finishes will require replacement. The plumbing and electrical systems will
require removal and replacement as well.
We estimate the cost of restoration of the apartment building at
450,000 to 600,000 depending upon the availability of skilled partisans for
each trade. In our opinion the
suggested demolition will present insuperable obstacles to market by
availability and owner liability leaving aside the considerations of the
historical restoration. David Zuniga. Ron Whitehawk, representing the
property owner, went on to say that the issue was brought before the
Historical/Landmark Board. He said
that they agreed to remove the Jitney Jungle only if damage would not be done
to the apartments. He said that you
can not take down the Jitney Jungle without adversely affecting the
apartments. Motion to close the public hearing
demolish the entire building and introduce. Moved:
Cm. Ramirez Second:
Cm. J. Valdez For: 8 Against: 0 Abstain: 1 Ordinance Introduction: Cm.
Ramirez 2. Public hearing and
introductory ordinance amending the Zoning Ordinance Map of the City of Motion to open the public hearing. Moved:
Mayor Pro Tempore Galo Second:
Cm. Amaya For: 8 Against: 0 Abstain: 0 Guadalupe Garcia, property owner, spoke in favor of the zone
change for a restaurant or commercial parking lot. Motion to close the public hearing. Postpone and send back to Planning and
Zoning for specified business use. Moved:
Cm. Ramirez Second:
Cm. J. Valdez For: 8 Against: 0 Abstain: 0 3. Public hearing and
introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by authorizing a Planned Unit Development Overlay
District (PUD) for Lots 1-27, Block 5, Lots 1-8, Block 6, Lots 1-9, Block 7,
Lots 1-3, and 5-7, Block 8, Green Subdivision, Phase I and 13.36 acres, as
further described by metes and bounds on attached Exhibit "A,"
located north of Mines Road and south of Green Boulevard; providing for
publication and effective date. The
Planning and Zoning Commission has recommended denial of the proposed Planned
Unit Development Overlay District. Motion to open the public hearing. Moved:
Mayor Pro Tempore Galo Second:
Cm. Amaya For: 8 Against: 0 Abstain: 0 There was no public input. Motion to close the public hearing and
postpone. Moved:
Cm. J. Valdez Second:
Cm. Amaya For: 8 Against: 0 Abstain: 0 4. Public hearing and
introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by rezoning 2.8347 acres, as further described by
metes and bounds on attached Exhibit "A," located at approximately
4309 Highway 359 from R-3 (Mixed Residential District) and B-3 (Community
Business District) to M-1 (Light Manufacturing District); providing for
publication and effective date. The
Planning and Zoning Commission has recommended denial of the proposed M-1
zone & approval of a B-3 designation. Motion to open the public hearing. Moved:
Mayor Pro Tempore Galo Second:
Cm. Amaya For: 8 Against: 0 Abstain: 0 Sonia Ruiz, a representative from the neighborhood, spoke
against the zone change. She asked
Council to agree with the Planning and Zoning Commission to deny the proposed
M-1 zone. Motion to close the public hearing and
deny zone change M-1 and B-3. Moved:
Cm. Garcia Second:
Cm. Agredano For: 8 Against: 0 Abstain: 0 5. Public hearing and
introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by rezoning Lot 6, Block 1415, Eastern Division,
located at 2419 Guatemozin Street from R-3 (Mixed
Residential District) to B-4 (Highway Commercial District); providing for
publication and effective date. The
Planning and Zoning Commission has recommended denial of the proposed zone
change. Motion to open the public hearing. Moved:
Mayor Pro Tempore Galo Second:
Cm. Agredano For: 8 Against: 0 Abstain: 0 Mr.
Eralio Serna spoke against the zone change
request. Ron Whitehawk, representing the
property owner, submitted a petition with 16 signatures in favor of the zone
change. Maria De La Luz Rubio
spoke against the zone change request. Vicenta
Garcia stated that she was against the zone change request. Celina Rubio requested
that Council deny the zone change request.
Keith Selman, City Planner, explained that under the current
ordinance the business cannot apply for a Conditional Use Permit. He went on to say that staff is revising
the ordinance which would take two months. Cm. Galo said the
landowner/business would not be allowed to park in the street. Motion to close the public hearing and send back to Planning and
Zoning for consideration for a Conditional Use Permit. Must comply with all requirements and wait
until ordinance can be modified to allow Conditional Use Permit in B-4 to
require proper off street parking. Moved:
Mayor Pro Tempore Galo Second:
Cm. J. Valdez For: 8 Against: 0 Abstain: 0 6. Public hearing and
introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by authorizing the issuance of a Special Use
Permit for the addition of an antenna on an existing tower on Lot 1, Block 1,
SBMS Garza Replacement Site, located approximately at 4111 Zapata Highway;
providing for publication and effective date.
The Planning and Zoning Commission has recommended approval of the
proposed Special Use Permit. Motion to open the public hearing. Moved:
Mayor Pro Tempore Galo Second:
Cm. Garcia For: 8 Against: 0 Abstain: 0 Motion to close the public hearing and
introduce. Moved:
Cm. Agredano Second:
Cm. Amaya For: 8 Against: 0 Abstain: 0 Ordinance Introduction: Cm. Agredano 7. Public hearing and
introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by rezoning Lot 2, Block 3, Jacaman Ranch
Subdivision, Unit 6, Jacaman Commercial Park, located east of Rosson Lane, from B-4 (Highway Commercial District) to
B-3 (Community Business District); providing for publication and effective
date. The Planning and Zoning
Commission has recommended denial of the proposed zone change. Motion to open the public hearing. Moved:
Cm. Garcia Second:
Cm. Amaya For: 8 Against: 0 Abstain: 0 Flor Ayala, representing Jose Ponce Jr.,
spoke in favor of a B-4 zone change request for use of apartments. Cm. Ron Whitehawk, representing the
applicant, said the owner would be willing to donate the avigational
easement to the City of
Motion to close the public hearing and introduce.
Moved: Cm. E.
Valdez, Jr.
Second: Cm. J.
Valdez, Jr.
For: 8 Against: 0 Abstain: 0
Ordinance Introduction:
Cm. E. Valdez, Jr. 8. Public hearing and
introductory ordinance amending the City of Laredo FY 2002-2003 annual budget by appropriating
revenues and expenditures in the amount $205,860.00 in funds from the
Texas Department of Health and $7,048.00 in Program Income for the
Tuberculosis Elimination Program of the City of Laredo Health Department for
the period beginning September 1, 2003, through August 31, 2004. Motion to open the public hearing. Moved:
Cm. Agredano Second:
Cm. Amaya For: 8 Against: 0 Abstain: 0 There was no public input. Motion to close the public hearing and
introduce. Moved:
Cm. Agredano Second:
Cm. Amaya For:
8 Against: 0 Abstain: 0 Ordinance Introduction: City Council 9. Public hearing and
introductory ordinance amending the City of Laredo FY 2002-2003 annual budget by increasing revenues and expenditures in the
amount of $4,900.00 in additional funds from the Texas Department of Health -
Office of Border Health for the Environmental Binational
Health Conference "Food Management and Safety" of the City of
Laredo Health Department for the period beginning July 1, 2003, through
August 31, 2003. These funds were
awarded specifically for this conference that will be held on August 28,
2003. (Subject to approval of Resolution 2003-R-101) Motion to open the public hearing. Moved:
Cm. Belmares Second:
Cm. Agredano For: 8 Against: 0 Abstain: 0 There was no public input. Motion to close the public hearing and
introduce. Moved:
Cm. Belmares Second:
Cm. Garcia For: 8 Against: 0 Abstain: 0 Ordinance Introduction: City Council 10. Public hearing and
introductory ordinance amending the City of Laredo Code of Ordinances Chapter 31, Article II, Sewers and Sewage Disposal,
Division I, § 31-16, Definitions, by deleting definitions; deleting Division
III, Use of Public Sewers §31-51 through 31-64; increasing sections to be
reserved from § 31-69 through § 31-77; repealing all conflicting ordinances;
establishing pretreatment charges and fees ranging from $50.00 up to $150.00;
providing a penalty; severability, publication and effective date. Motion to open the public hearing. Moved:
Cm. Belmares Second: Cm.
E. Valdez, Jr. For: 8 Against: 0 Abstain: 0 There was no public input. Motion to close the public hearing and
introduce. Moved:
Cm. Belmares Second: Cm.
Garcia For: 8 Against: 0 Abstain: 0 Ordinance Introduction: City Council 11. Public hearing and
introductory ordinance amending the City of Laredo Code of Ordinances Section 31-2, entitled "Policies and Procedures
for Applicants Requesting Water and Sewer Extensions" by setting new
policies and procedures to calculate the pro-rata share for reimbursement
based on the line capacity; Deleting references to Appendix 1 and 2,
"Calculating Pro-Rata Charges" and moving and amending said
calculations to newly created subsection VI; providing for publication and
effective date. Motion to open the public hearing. Moved:
Cm. Garcia Second: Cm. Agredano For: 8 Against: 0 Abstain: 0 There was no public input. Motion to close the public hearing and
introduce. Moved:
Cm. Galo Second: Cm. Amaya For: 8 Against: 0 Abstain: 0 Ordinance Introduction: City Council 12. Public hearing and
introductory ordinance amending chapter 19, Motor Vehicle and Traffic, Article VIII, Stopping, Standing or Parking, Section
19-361, City Owned Parking Lot Enforcement and Section 19-362, City-owned
Parking Lot Rates and Hours of Operation, of the Code of Ordinances, City of
Laredo: authorizing the establishment of monthly parking rates and
enforcement regulations, for certain City-owned parking lot facilities,
providing for effective date and publication. Motion to open the public hearing. Moved:
Cm. Belmares Second: Cm. Amaya For: 8 Against: 0 Abstain: 0 There was no public input. Motion to close the public hearing and
introduce. Moved:
Cm. Belmares Second: Cm. For: 8 Against: 0 Abstain: 0 Ordinance Introduction: City Council VIII. GENERAL COUNCIL DISCUSSIONS AND
PRESENTATIONS A. Request by Council
Member Alfredo Agredano 1.
Status report on the fire hydrants within the City of Charlie Bardonner, Manager of
Operations for United Water, said the number of hydrants is an ever changing
number. As our City grows, so does the
length of our water distribution system and in direct proportion, the number
of fire hydrants increases. He added
that the water distribution system is on the order of 500 miles in length,
having grown by approximately 10 miles this year, 38 miles last year. Fire hydrants are added typically from
between 15 to 18 per mile of water distribution length. The total number of fire hydrants is
currently approaching 9,000. A few
months ago, staff was provided a listing of inoperable fire hydrants, a
prioritized list of 172 hydrants. At
this time all of these hydrants have been returned to operational status
having either been repaired or replaced.
We have an additional list of approximately 30 hydrants that we are
systematically scheduling for repair or replacement as appropriate. The system has 13 pressure zones. Pressure in a given zone is impacted by the
demand for water at a given time.
Staff is able to adjust pumping rates and other controls to the extent
the system to
react to varying conditions. With
regard to fire protection, the fire department will call us in the event of
an extra ordinary need for water and we are usually able to make adjustments
in value settings and the number of pumps operating to satisfy the fire
department’s demand for water. In
addition, staff has initiated a comprehensive program of identifying or
cataloging all fire hydrants. Our
staff is systematically going to every hydrant and recording its specific
location, inspecting it for leakage or damage, and testing its function
recording the pressure and flow rate available at that point. We have
purchased new equipment to help us collect this data and complete this
inventory. We are also in the process
of exercising all valves on 12” and larger water mains as a part of this
effort of learning more about our water distribution system and being able to
better serve the community. All of
this data will be entered into a data base and ultimately made available to a
computerized “mapping system”. We
identify problem hydrants in several ways:
the Fire Department advises us of inoperable hydrants, the police if a
hydrant is impacted in an automobile accident for example, our own staff as
we conduct routing flushing and system inspection activity, and finally
citizens who contact us if they believe a hydrant may not be functional. B. Request by Council
Member Johnny Amaya 1.
Status report regarding Ashley Humphries, Architect from Ashley Humphries & Sanchez
Architects, reported construction is proceeding as scheduled. The contractor is 51% complete with the
work. The final design and the detail
construction drawings for the climbing wall, which is a major part of this
project, have been submitted, reviewed, and approved for fabrication. Currently the contractors are placing a
roof structure and they are planning to dry the building within 10 days. Fabrications of the case work and interior
related items also underway. Today, the
contractor has earned $1.245 million dollars.
The balance remaining on the contract is $1.301and the substantial
completion date is
C. Request by Council
Member Eliseo Valdez, Jr. 1. Discussion with
possible action regarding current condition of soccer fields throughout city and need for additional fields due
to increased interest in this sport. Cesar Merla, soccer player, expressed his
gratitude on behalf of all the soccer players who are requesting additional
fields. He stated that the sport of soccer
is a sleeping giant. The sport has
grown tremendously and as a teacher/coach at the middle schools, players are
forced to cut individuals because there are not enough facilities. Creating more fields is a tremendous
opportunity not only for the Chamber of Commerce but for the community itself.
Juan Zapata spoke in favor of creating additional fields. Horacio De Leon, Parks and Recreations Director, acknowledged
the need to create soccer fields with adequate irrigation, concessions, and
bleachers. He confirmed that the City
has 11 soccer fields with 4,950 participants.
He noted that Cm. J. Valdez said the item should be placed on
the Metro Government agenda for discussion.
He mentioned that District VII has areas that could be used for a
soccer field. Cm. Belmares
asked how much acreage the City has to donate for parkland? Horcacio De Leon, Parks and Recreation Director,
said that the City has from 80 to 100 acres of undeveloped parkland; although,
not all of the acres are usable for sporting events. Andrea Garcia expressed frustration in locating a field to play
soccer with her friends. She asked
Council to consider creating more fields for the youth of Motion to ask City Manager to instruct staff to coordinate
ground rules and establish a season for the soccer leagues. Staff should report back to Council with
recommendations. Moved: Cm. Second: Cm. J.
Valdez For: 8 Against: Abstain: 0 2. Status report on the Cm. Cm. Keith Selman, City Planner, said the project is moving forward. Staff received the grant award; however, they are being very cautious about putting together funding agreements with TxDOT. Staff is negotiating that agreement with TxDOT because they don’t want to get into an agreement that can be too costly. He used the Meadow Project as an example. He said the project is federally funded and must meet all federal and state requirements. There are 35 items which must be complete before approval and 27 of them have been accomplished. Keith Selman, City Planner, noted that staff is working with TxDOT to establish a time frame. He reminded Council that the project is an enhancement project. Enhancement projects involve a lengthy waiting period. Cm. Keith Selman, City Planner, answered that a bid would be held at the end of this year and construction would follow. Cm. D. Request by Council
Member Gene Belmares 1. Discussion with
possible action on the soil testing
results on McPherson between
Cm. Belmares
said that if the plasticity indexes are high the City will experience the
same problems. He asked the City
Manager to create a permeate solution which would entail total reconstruction
of that area. He asked for
recommendations, solutions, and a cost estimate. E. Request
by Council Member Jose A. 1. Discussion with possible
action on the proposed plan to acquire vega land
from one end of the City limits to the other and requesting that the
City Manager prepare a plan of action to accomplish the same. Cm. J. Valdez suggested that staff needs to look
at how the City can preserve vega land. He also inquired about acquiring more land
in order to utilize the property for better use. Motion to acquire vega land from one
end of the City limits to the other and request that the City Manager prepare
a plan of action to accomplish the same.
Moved: Cm. J.
Valdez Second: Cm. For: 8 Against: 0 Abstain: 0 IX. INTRODUCTORY ORDINANCES 14. Authorizing the City
Manager to execute a lease agreement with Labata
Services for approximately 117 square feet constituting AOA Office
No. 3 of the Introduction Ordinance:
City Council 15. Authorizing the City
Manager to execute a Foreign Trade Zone Operations Agreement between the City of Laredo, as Zone Grantee of Foreign Trade
Zone No. 94 and Pedraza Forwarding, as zone site
operator, for approximately 8,640 square feet of activated space located at
8810 Killam Industrial Boulevard, Foreign Trade
Zone Site 3. Said agreement provides
that activation, administration and transaction fees be paid to the City;
providing for effective date. Ordinance Introduction:
City Council 16. Authorizing the City
Manager to execute a lease agreement with Development Council for approximately 5,400 square feet
constituting Building No. 1054 located at Ordinance Introduction:
City Council 17. Setting the maximum
speed limit on that portion of IH35 main lanes within the City limits of Laredo, Webb County, Texas, as 60MPH, from milepoint 8.352 to milepoint
11.968 and from milepoint 0.000 to milepoint 1.917 and as 40 MPH on that portion of IH 35
frontage roads from milepoint 8.352 to milepoint 11.968 and from milepoint
0.000 to milepoint 1.904, as defined n the Texas
Department of Transportation control section maps 0018-06 and 0016-05, to be
in effect during reconstruction of this section of IH 35 located north of
Loop 20 providing for the installation of appropriate signs to indicate speed
changes in the designated areas and providing for publication and effective
date. Ordinance Introduction:
City Council 18. Authorizing the City
Manager to consent to the assignment of Riverdrive
Mall Parking Lot leases of Block 08 and Block 8A, Western Division, by Spigel Properties Laredo, Inc., a Texas Corporation
(Assignor), and assumption of said parking lot leases by Morgan Stern Realty
Holdings, LLC, a California Limited Liability Company, Cathy Associates,
L.L.C., a Colorado Limited Liability Company, and Mary Associates, L.L.C., a
Colorado Limited Liability Company (Assignee); and providing for an effective
date. Ordinance Introduction:
City Council X. FINAL Motion to waive the Final Reading of Ordinances # 2003-O-195, #
2003-O-196, # 2003-O-197, # 2003-O-198, # 2003-O-199, # 2003-O-200, #
2003-O-201, and # 2003-O-202, Moved: Mayor Pro Tempore Galo Second: Cm. Amaya For: 8 Against: 0 Abstain: 0 2003-O-195 Amending the
City of Laredo FY 2002-2003 annual budget by increasing revenues and expenditures in the amount of $20,000.00 in
additional funds from the Texas Department of Health - Office of Border
Health for the Border Health Project of the City of Laredo Health Department
for the period beginning July 1, 2003, through September 30, 2003. These funds were awarded specifically for
the "Los Dos Laredos" Binational
Health Conference that will be held on Motion to adopt Ordinance # 2003-O-195. Moved: Mayor Pro Tempore
Galo For: 8 Against: 0 Abstain: 0 2003-O-196 Amending
Chapter 30 Taxation, Article II, Hotel Occupancy Tax, Section 30- 19; Reports; Payment, for the collection of monthly hotel-motel
taxes instead of quarterly taxes, to coincide with the Texas Statutes,
Chapter 156, Hotel-Motel Occupancy Tax 156.151, Report and Payment; providing
for publication and effective date. Motion to adopt Ordinance # 2003-O-196. Moved: Mayor Pro Tempore
Galo For: 8 Against: 0 Abstain: 0 2003-O-197 Amending the
City of Laredo FY 2002-2003 Parking Meter Fund budget by appropriating a draw down of $1,000,000.00 from the
opening balance and appropriating it for land acquisition. The project consists of land acquisition
and construction of a surface municipal parking lot in the downtown
area. Parking Meter Fund will be
reimbursed from the proceeds of a proposed Parking Meter Fund Certificate of
Obligation Bond. 7. Motion to adopt Ordinance # 2003-O-197. Moved: Mayor Pro Tempore
Galo For: 8 Against: 0 Abstain: 0 2003-O-198 Amending the
City of Fund budgets by transferring $3,500,000.00 from General Fund and
appropriating it in the Bridge System Fund.
The amendment will draw down $3,500,000.00 from the General Fund
opening balance and appropriate a transfer out of $3,500,000.00 to the Bridge
System Fund for the purpose of constructing, improving and necessary land
acquisition for the Bridge I Project.
General Fund will be reimbursed from the proceeds of a Toll Bridge
System Revenue Bond. Motion to adopt Ordinance # 2003-O-198. Moved: Mayor Pro Tempore
Galo For: 8 Against: 0 Abstain: 0 2003-O-199 Accepting a
grant awarded by the Criminal Justice Division, Office of the Governor for the amount of $45,058.00 and amending the City of Motion to adopt Ordinance # 2003-O-199. Moved: Mayor Pro Tempore
Galo For: 8 Against: 0 Abstain: 0 2003-O-200 Authorizing
the City Manager to amend the City of annual budget in the amount of $164,778.00 to
fund the Laredo Multi-Agency Narcotics Task Force. The Office of the
Governor, Criminal Justice Division will be designating $1,142,115.00, and
the City of Motion to adopt Ordinance # 2003-O-200. Moved: Mayor Pro Tempore
Galo For: 8 Against: 0 Abstain: 0 2003-O-201 Amending the
City of appropriation for the development of the West Laredo
Multimodal Trade Corridor. The
appropriation of $3,250,000.00 comes from the FY 2002 Federal Transportation
Spending Bill. Motion to adopt Ordinance # 2003-O-201. Moved: Mayor Pro Tempore
Galo For: 8 Against: 0 Abstain: 0 2003-O-202 Authorizing
the City Manager to execute a budget amendment appropriating funds from the Federal Transit Administration
Grant No. TX 90X575 from FY 2001-2002 in the amount of $529,620.00 to be
used for operating expenses in FY
2002-2003 increasing the Federal contribution from $3,613,392.00 to
$4,143,012.00 and decreasing the sales tax match for operating expenses from
$3,682,654.00 to $3,153,034.00 and transferring $529,620.00 into sales tax
reserve appropriation. Motion to adopt Ordinance # 2003-O-202. Moved: Mayor Pro Tempore
Galo For: 8 Against: 0 Abstain: 0 XI. RESOLUTIONS 20. 2003-R-092 Accepting the donation of a 7.92 acre
parcel of land for a park, from Fasken, Ltd., a Texas Limited Partnership, out
of Porcion 21, Abstract No. 49, City of Laredo,
Webb County, Texas. Motion to approve Resolution # 2003-R-092. Moved: Mayor Pro Tempore
Galo Second: Cm. Agredano For: 8 Against: 0 Abstain: 0 21.
2003-R-093 Accepting the donation of the "Surface
Only" of a 0.3577 of an acre, more or less, parcel of land as a Drainage Easement, from the Gates of
Praise Church, First Assembly of God, for the Upper Zacate
Creek Improvements Project. Said
parcel of land being out of Survey 1023, Abstract 380, Northern Division,
City of Motion to approve Resolution # 2003-R-093. Moved: Mayor Pro Tempore
Galo Second: Cm. Agredano For: 8 Against: 0 Abstain: 0 22.
2003-R-094 Accepting the donation of the "Surface
Only" of a 0.0275 of an acre parcel of land, more or less, from Julian
Mendoza and Maria Mendoza, as a Utility Easement, for the Pueblo Nuevo
Subdivision Right-of-Way and Easement Acquisition Project. Said parcel of land being out of Motion to approve Resolution # 2003-R-094. Moved: Mayor Pro Tempore
Galo Second: Cm. Agredano For: 8 Against: 0 Abstain: 0 23.
2003-R-095 Accepting the donation of the "Surface
Only" of a 0.0725 of an acre parcel of land, more or less, from Gabriel
Perez and Alberta Perez, as a Utility Easement, for the Pueblo Nuevo
Subdivision Right-of-Way and Easement Acquisition Project. Said parcel of land being out of Motion to approve Resolution # 2003-R-095. Moved: Mayor Pro Tempore
Galo Second: Cm. Agredano For: 8 Against: 0 Abstain: 0 24.
2003-R-096 Accepting the donation of the "Surface
Only" of a 0.0344 of an acre parcel of land, more or less, from Socorro
Romero, as a Utility Easement, for the Pueblo Nuevo Subdivision Right-of-Way
and Easement Acquisition Project. Said
parcel of land being out of Motion to approve Resolution # 2003-R-096. Moved: Mayor Pro Tempore
Galo Second: Cm. Agredano For: 8 Against: 0 Abstain: 0 25.
2003-R-097 Accepting the donation of the "Surface
Only" of two parcels of land from Rokavi, L. C., as Utility Easements for the Motion to approve Resolution # 2003-R-097. Moved: Mayor Pro Tempore
Galo Second: Cm. Agredano For: 8 Against: 0 Abstain: 0 26.
2003-R-098 Authorizing the City Manager to enter into
and execute an interlocal government agreement between the City of Motion to approve Resolution # 2003-R-098. Moved: Mayor Pro Tempore
Galo Second: Cm. Agredano For: 8 Against: 0 Abstain: 0 27.
2003-R-099 Establishing the highest levels of
pollutant concentrations allowed discharging into the sewer system within the City
of Motion to approve Resolution # 2003-R-099. Moved: Mayor Pro Tempore
Galo Second: Cm. Agredano For: 8 Against: 0 Abstain: 0 28.
2003-R-100 Authorizing the City Manager to enter into
a license agreement with Kinder Morgan South Texas Pipeline, L.P. for the location and
maintenance of a 10" gas pipeline across five streets to include; Mines
Road, Shiloh Drive, McPherson Road, International Boulevard, Woodridge and
Loop 20 in the City of Laredo, Webb County, Texas, for an annual fee of
$1,080.00 and payment of arrears for prior years in the amount of $5,991.77. Motion to approve Resolution # 2003-R-100. Moved: Mayor Pro Tempore
Galo Second: Cm. Agredano For: 8 Against: 0 Abstain: 0 29.
2003-R-101 Accepting a grant in the amount of
$4,900.00 from the Texas Department of Health - Office of Border Health for the Environmental Binational Health Conference "Food Management and
Safety" of the City of Laredo Health Department for the period beginning
Motion to approve Resolution # 2003-R-101. Moved: Cm. Belmares Second: Cm. Agredano For: 8 Against: 0 Abstain: 0 30.
2003-R-102 Declaring the public necessity to acquire
the "Surface Only" of one parcel of land, as part of the Laredo International Motion to approve Resolution # 2003-R-102. Moved: Mayor Pro Tempore
Galo Second: Cm. Agredano For: 8 Against: 0 Abstain: 0 31.
2003-R-103 Supporting the creation of a new exit from
Interstate Highway 35 in order to connect the access road adjacent to San Isidro Parkway, to be
located 0.8 mile north of the existing exit for Shiloh Road and 0.25 mile
south of the interchange of IH-35 and Bob Bullock Loop 20 and directing the Motion to approve Resolution # 2003-R-103. Moved: Mayor Pro Tempore
Galo Second: Cm. Agredano For: 8 Against: 0 Abstain: 0 XII. MOTIONS 32.
Consideration
to approve a contract with Graphitiks Advertising
Design, Inc. Motion to approve. Moved: Mayor Pro Tempore
Galo Second: Cm. Amaya For: 8 Against: 0 Abstain: 0 33. Consideration to
reject the sole bid submitted by Zertuche Construction,
for the El Cuatro Park to be located west
of Motion to approve. Moved: Mayor Pro Tempore
Galo Second: Cm. Amaya For: 8 Against: 0 Abstain: 0 34. Consideration for
approval of change order No. 3, a decrease of ($26,180.74) for the balance of quantities actually constructed in place, acceptance
of the 2002-2003 Street Recycling Project (210.5 blocks), and approval of
final payment in the amount of $192,511.78 to Cutler Repaving, Inc.,
Lawrence, Kansas. Final contract
amount is $511,569.06. Funding is
available in the Infrastructure Maintenance Fund (Street Materials/Cutler
Repaving), 2000A CO Issue and 1998 CO Issue. Motion to approve. Moved: Mayor Pro Tempore
Galo Second: Cm. Amaya For: 8 Against: 0 Abstain: 0 35. Consideration for
approval to rescind the selection of Modern Construction, Inc., Motion to approve. Moved: Mayor Pro Tempore
Galo Second: Cm. Amaya For: 7 Against: 0 Abstain: 1 Cm. Garcia 36. Consideration for
approval of the selection of a consultant for the Feasibility Study Project
and authorization to negotiate a professional services contract. Motion to postpone for the next meeting. Moved: Cm. J.
Valdez Second: Cm. Belmares For: 8 Against: 0 Abstain: 0 37. Authorizing the City
Manager to opt out of the Federal Health Insurance Portability and Accountability Act of 1996 (HIPAA), effective October 1, 2003,
2003 through September 30, 2004, as a result of the City currently meeting or
exceeding minimum HIPAA benefit provisions. Motion to approve. Moved: Mayor Pro Tempore
Galo Second: Cm. Amaya For: 8 Against: 0 Abstain: 0 38. Consideration for
acceptance of the static scale for the approval of final payment in the amount of
$36,647.00 to A-1 Scale Service, Inc., Motion to approve. Moved: Mayor Pro Tempore
Galo Second: Cm. Amaya For: 8 Against: 0 Abstain: 0 39. Refund of property
tax to the following taxpayers and companies: a. A refund in the amount
of $943.98 payable to Merlin Development, Ltd., Company, due to double payment.
Account #900-33091-006 was paid by Neel
Title and Merlin Development. b. A refund in the amount
of $591.19 payable to Fernando Zuniga, III due to a double payment. Account #909-00046-200 was paid by Neel Title and ABN-Amro
Mortgage Company. Motion to approve. Moved: Mayor Pro Tempore
Galo Second: Cm. Amaya For: 8 Against: 0 Abstain: 0 40. Approving monthly
adjustments to the tax roll. The
amount to be adjusted for the month of July 2003, represents an increase in
levy of $1,884.40. These adjustments
are determined by the Webb County Appraisal District and by court orders. Motion to approve. Moved: Mayor Pro Tempore
Galo Second: Cm. Amaya For: 8 Against: 0 Abstain: 0 41. Approval of the 2003
Appraisal Roll from the Webb County Appraisal District for the development of the tax roll, accepting the calculations of the
effective tax rate for fiscal year 2003-2004 and setting a public hearing
date of September 2, 2003 for a proposed tax rate of $0.641761/$100 value. Motion to approve the 2003 Appraisal Roll from Webb County
Appraisal District for the development of the tax roll. Moved: Mayor Pro Tempore
Galo Second: Cm. Agredano For: 8 Against: 0 Abstain: 0 Motion accepting the calculations of the effective tax rate for
fiscal year 2003-2004. Moved: Cm. Agredano Second: Cm. Garcia For: 8 Against: 0 Abstain: 0 Motion setting a public hearing date for Moved: Cm. Agredano Second: Cm. Garcia For: 8 Against: 0 Abstain: 0 42. Authorizing the City
Manager to apply for State Public Transportation funds in the amount of $783,869.00 with the Texas
Department of Transportation, which is authorized to distribute State funds
for Transit Capital and operating assistance in urbanized areas under 200,000
in population. Motion to approve. Moved: Mayor Pro Tempore
Galo Second: Cm. Agredano For: 8 Against: 0 Abstain: 0 43.
Consideration
to authorize the purchase of one custom fire truck through the Local Government Purchasing Cooperative (Buy Board) contract
from American La France Gulf Coast, Motion to approve. Moved: Mayor Pro Tempore
Galo Second: Cm. Agredano For: 8 Against: 0 Abstain: 0 44. Consideration to
authorize the purchase of two explosive protective suits, helmets, and accessories from Med-Eng Systems, Inc. Motion to approve. Moved: Mayor Pro Tempore
Galo Second: Cm. Agredano For: 8 Against: 0 Abstain: 0 45. Consideration to
negotiate and execute a lease agreement between the City of Police Department and GODOT, L.C., for approximately 1,708
square feet of office space for the monthly rent of $2,596.16. The term of the lease agreement is for five
years and will commence on Motion to approve. Moved: Mayor Pro Tempore
Galo Second: Cm. Agredano For: 8 Against: 0 Abstain: 0 46. Consideration to
negotiate and execute a lease agreement between Laredo Police Department and Montego Properties,
Ltd., for approximately 2880 square feet of office space for the monthly rent
of $2,880.00. The term lease agreement
is for five years and will commence on Motion to approve. Moved: Mayor Pro Tempore
Galo Second: Cm. Agredano For: 8 Against: 0 Abstain: 0 47. Consideration to
negotiate and execute a lease agreement between the Laredo Police Department as lessee, and LA Ventures, Inc., as lessor for the approximate 10,000 square feet of office
and warehouse space located at 2829 Airpark Drive at the Laredo International
Motion to approve. Moved: Mayor Pro Tempore
Galo Second: Cm. Agredano For: 8 Against: 0 Abstain: 0 48. Authorizing the City
Manager to proceed, pursuant to Section 272.001 of the Local Government Code, with the public sale of four (4) tracts of land
designated non-aeronautical use land totaling 14.79 acres, for no less than
fair market value, and limiting the permitted uses to medical uses only, in
accordance with the City of Motion to approve. Moved: Mayor Pro Tempore
Galo Second: Cm. Agredano For: 8 Against: 0 Abstain: 0 XIII. STAFF REPORTS 49.
A. Status report regarding loss recovery of
City of storm damage of Dan Migura,
Administrative Services, gave the following report: Dept. Replacement Depreciation Actual Cash Value Housing
5,159.58
401.58 4,758.00 Fire 15,464.95 3,610,04 11,854.91 Utilities 3,165.50 1,146.26 2,019.24 Police 4,037.07 677.66 3,359.41 Noise Abate 49,602.48 9,936.51 39,665.97 Solid Waste 16,995.91 -0- 16,995.61 TOTAL $ 754,017.70 $ 210,506.80 $ 543,510.90 The City of The City of Still pending is approximately $400,000.00 for the Housing 4,708.20 Fire 11,728.91 Utilities 1,998.24 Police 3,323.41 Noise Abatmnt. 39,244.91 Solid Waste 16,815.91 Total 542,190.00 City of Percent of Deductible by Department: Housing .0050% Police .0036% Fire .0126% Noise Abtmnt. .0421% Solid Waste .0180% Dan Migura, Administrative Department Director, submitted an
itemized listing of damaged locations to be on file at the B. Update on the City of application. Mayor Flores said the City of new traffic travel model that TxDOT
wanted. It was a cost of $49,415.
environmental assessment. There were two issues that they were concerned
about. They did not see inspection
stations on the bridge. The conceptual
plan as well as the coast guard now comes under the department of security
rather than the U.S. Department of Transportation. Staff submitted a letter clarifying that. contingency acreage. We outlined an additional 25 acres so we
could satisfy that requirement. In the
meantime, we also sent Mr. Gene Garza,
Port Director, a letter asking him to clarify the issue because the federals
had already advised us that they would not invest additional monies in
another commercial port. mentioning that the EA Document was technically
complete. to make two changes which include a contingency plan. The plan is to submit the Presidential
Permit application in a period less than two weeks. Staff is preparing the presidential permit.
All the work has been done in-house except for the environmental
assessment. The City has spent $770,000 plus on
obtaining the Fifth International Bridge Presidential Permit. Cm. J. Valdez asked the City Manager if the City
of Cm. J. Cm. Galo reminded the
viewing public that Judge Bruni was opposed to the
County uniting with the City for the Bridge.
He went on to say that the Judge used the issue while he was
campaigning. Judge Bruni
was absolutely opposed to partnering with Cm. Agredano
spoke in opposition to partnering with the County on the 5th
Bridge. Mayor Flores said that we are all residents of Cm. Belmares
asked “what part of no does the County not understand?.” He expressed his opinion by stating that
the City should not partner with the County for the bridge application. Cm. Garcia expressed his
support for his colleague’s comments.
Cm. 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 50. Request for Executive
Session pursuant to Texas Government Code Section 551.072 in order to deliberate on the value of, and the possible purchase
of, real property near the Central Business District, because deliberation in
an open meeting would have a detrimental effect on the position of the City
Council in negotiations with third persons; and return to open session for
possible action. Motion to go into Executive Session pursuant to Texas Government
Code Section 551.072 in order to deliberate on the value of, and the possible
purchase of, real property near the Central Business District, because
deliberation in an open meeting would have a detrimental effect on the
position of the City Council in negotiations with third persons; and return
to open session for possible action. Moved: Cm. Amaya Second: Cm. Agredano For: 8 Against: 0 Abstain: 0 After Executive Session the Mayor announced that no formal
action was taken. XIV. ADJOURNMENT Motion to adjourn. Time: Moved: Mayor Pro Tempore Galo Second: Cm. Belmares For: 8 Against: 0 Abstain: 0 I, Gustavo Guevara, Jr., City secretary, do hereby certify that
the above and foregoing is a true and correct copy of the minutes contained
in pages 01-29 are true, complete, and correct proceedings of the City
Council meeting held on the 18th day of August, 2003. __________________________ Gustavo Guevara, Jr. |