CITY OF LAREDO

CITY COUNCIL MEETING

M2003-R-019

CITY COUNCIL CHAMBERS

1110 HOUSTON STREET

LAREDO, TEXAS 78040

OCTOBER 6, 2003

5:30 P.M.

 

I.          CALL TO ORDER

 

            With a quorum present, Mayor Elizabeth G.  Flores called the meeting to order.

 

II.        PLEDGE OF ALLEGIANCE

 

            Mayor Flores led in the Pledge of Allegiance.

III.       ROLL CALL

 

            In attendance:

 

            Elizabeth G.  Flores,                                                                 Mayor

            Alfredo Agredano,                                                                    Mayor Pro Tempore, District I

            Hector Garcia,                                                                          Council Member, District II

            John C.  Galo,                                                                          Council Member, District III

            Johnny Amaya,                                                                         Council Member, District IV

            Eliseo Valdez, Jr.,                                                                     Council Member, District V

            Gene Belmares,                                                                        Council Member, District VI

            Jose A.  Valdez, Jr.,                                                                 Council Member, District VII

            Juan Ramirez,                                                                           Council Member, District VIII

            Gustavo Guevara, Jr.,                                                               City Secretary

            Larry Dovalina,                                                                         City Manager

            Cynthia Collazo,                                                                       Assistant City Manager

            Jaime Flores,                                                                            City Attorney

 

IV.       MINUTES

 

            Approval of the minutes of August 4, 2003 and August 18, 2003.

 

            Motion to approve.

 

            Moved:  Cm.  Agredano

            Second:  Cm.  Ramirez

            For:     8                                               Against:  0                                            Abstain:  0

V.        COMMUNICATIONS AND RECOGNITIONS

 

            Announcements

 

            None.

 

            Invitations

 

None.

 

            Recognitions

 

a.  Recognition of the Women’s City Club for their continued generous support of

Children’s Services at the Laredo Public Library.  Over the past five years the Women’s City Club has donated an excess of $10,000.00 for the baby board book collection.

 

Mayor Flores and City Council publicly recognized the Women’s City Club for their donations to the Laredo Public Library.

 

b.  Recognition of Samantha Hernandez, Junior at Nixon High School, who wrote a script

for a film regarding teen pregnancy awareness, which is being distributed throughout the country.  Samantha was featured on the cover of The New York Times. 

 

Mayor Flores and City Council recognized Samantha Hernandez and presented her with a Certificate of Recognition.

 

            c.  Recognition of Alamar R. Gutierrez of the Health Department, on her selection as

                September Employee of the Month.

 

Mrs.  Alamar Gutierrez was publicly recognized as the September Employee of the Month by Mayor Flores and City Council.  Mrs.  Gutierrez is a Senior Public Health Nurse. 

 

            d.  Recognition of the City's Customer Service Representatives in observance of National

                Customer Service Week, which will be celebrated October 6 - 10, 2003.

 

Eddie Zavala, Customer Service Coordinator, recognized the following individuals as being representatives from different City departments in observance of National Customer Service Week: 

 

Francis Perez,                                                          Airport Department

Bertha Rivera,                                                         Bridge Department

Norma De La Fuente,                                              Building/Planning Department

San Juanita De Los Reyes,                                       City Attorney’s Office

Blanca Cortinas,                                                      City Manager’s Office

Anna Lopez,                                                            Community Development

Monica San Miguel,                                                 Convention and Visitor’s Bureau

Teresa Esparza,                                                       Engineering Department

John Porter,                                                             Environmental Department

Letty Benavides, representing John Porter

Belinda Sanchez,                                                     Fire Department

Maria Solis,                                                             Library Department

Rosalinda Ortiz,                                                       Municipal Court

Gloria Garza,                                                           Parks & Recreation Department

Jose Baeza,                                                             Police Department

Gerardo Leal,                                                          Public Access Department

Angelina Ojeda,                                                       Public Works Department

Araceli Torres,                                                        Solid Waste Department

Alejandra Santana,                                                  Tax Department

Jessica Orbe,                                                           Utilities Department

     

            Communiqués

 

Cm.  Agredano thanked the Parks and Recreation staff for all the work they have done at the Mario Tijerina Park.  He added that he has visited the park several times and was pleased to report that the park was full of children.  

 

Cm.  Garcia expressed his thanks to the Public Works and Community Development Departments for cleaning up the creek area in Villa Del Sol.  He specifically mentioned City employees, John Orfila and Roy Garcia.  He also thanked Mr.  Murillo for installing street lights in the Villa Del Sol Subdivision.  He congratulated the firefighter cadets on their recent graduation.  He also thanked the Mayor Flores and the local Shiners for donating circus tickets for children.    

 

Cm.  Galo advised that he had the privilege to represent the City of Laredo at a Border Trade Alliance Conference in Mexico City.  He said that the Border Trade Alliance was opposed to the new entry exit system control that will go into affect by December in all airports and land ports by the year of 2004.  He went on to say that one of the City’s consultants now serves as the Border Trade Alliance Board of Director; therefore, he is confident that the City will have excellent representation in Washington.  He further acknowledged that he had the pleasure of representing the City in receiving an award from the National Gas Vehicle Coalition in Las Vegas.  The City of Laredo is one of the first cities to implement the use of compressed natural gas for their vehicles.  The Metro Fleet is at 61% and the City’s Fleet is at 19% of running on compressed natural gas.   

 

Cm.  Amaya thanked J. J. Perez, District IV resident, for hosting a block party on Allende Street.  He also announced that October 1, 2003 marked his 37 year anniversary for working in the waterworks profession. 

 

Cm.  E.  Valdez thanked the City Manager staff, the Army Corp of Engineers, Health Department, Environmental Department, and the Airport staff for continuing to make the airport study a priority.  He reminded the public that he inherited the property during the last redistricting process.  He also invited the residents to attend a public hearing to be held at the Public Works Center on October 23, 2003 at 5:30 p.m.  He encouraged all interested parties to go with any questions that they might have. 

 

Cm.  Belmares thanked Gary Jacobs, President of Laredo National Bank, for hosting the reception for the National Council of Raza and Texas Migrant Council.  The reception was held to welcome the members of the affiliates of the National Council of Raza who hosted a conference in Laredo for the week-end. 

 

Cm.  J.  Valdez thanked the 26 Firefighters for inviting him to their graduation.  He said that he is looking forward to working with the new firefighters.  He mentioned that the ceremony was very nice.   

 

Cm.  Ramirez announced that he attended a Transit Conference in Salt Lake City, Utah.  He said that he learned many new ideas that would be implemented in the Transit Department.

 

The Mayor stated that El Paso was given the funds to get Mexican drayage trucks to their community; however, they have not been successful.  She mentioned that the federal monies may be moved to Laredo if El Paso continues to have problems getting the project off the ground.   

 

 The Mayor read the following excerpt of letter received from James Randall, Director of Transportation Planning and Programming:   

 

“Dear Mr.  Dovalina:

 

The City of Laredo’s 5th International Bridge Application submitted to the Department of Transportation Transportation/Planning and Programming Division on September 22 and forwarded to the designated points of contact within Tex-DOT meets the requirements of Title 43 Texas Administrative Code Section 15.74 and has been deemed complete.”

 

Mayor Flores also congratulated the cadets for successfully completing their training to become firefighters.  She mentioned that the ceremony was very inspiring.   

 

VI.       APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES

 

            None.

VII. PUBLIC HEARINGS

 

1.  Public hearing and introductory ordinance adopting the Municipal Court schedule of

window fines as per attached list and Section 542.031, Transportation Code, as added by House Bill 3588, creating a $30.00 State traffic fee court cost on conviction for offenses, including parking and pedestrian offenses, under subtitle C, Rules of the Road, Transportation Code and amending the Code of Ordinances, Chapter 20, Section 20-37, by adding subsection (h); providing for severability, effective date and publication.

 

Motion to open the public hearing.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Agredano

For:     8                                          Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce with amendments.  The Council requested for the window fines to be published more than once.  They also requested for print to be enlarged in the newspaper.   

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  E.  Valdez

For:     8                                          Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

2.  Public hearing and introductory ordinance authorizing the City Manager to accept a

Comprehensive STEP grant from the Texas Department of Transportation and amending the City of Laredo FY 2003-2004 annual budget by decreasing $68,050.00 for the Comprehensive STEP program.  The Texas Department of Transportation will contribute $51,255.00 for this program and the City will contribute $5,695.00 in matching funds. This grant will be utilized to pay overtime for the enforcement of traffic laws.  The funding period for this grant will be from October 1, 2003 through September 30, 2004.

 

Motion to open the public hearing.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Agredano

For:      8                                         Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Garcia

Second:  Cm.  Amaya

For:      8                                         Against:                                                Abstain:

 

Ordinance Introduction:  City Council

 

3.  Public hearing and introductory ordinance authorizing the City Manager to accept a

Comprehensive Commercial Motor Vehicle STEP grant from the Texas Department of Transportation and amending the City of Laredo FY 2003-2004 annual budget in the amount of $55,556.00 for the Comprehensive STEP program.  The Texas Department of Transportation will contribute $50,000.00 for this program and the City will contribute $5,556.00 in matching funds. This grant will be utilized to pay overtime for the enforcement of traffic laws.  The funding period for this grant will be from October 1, 2003 through September 30, 2004.

 

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 introduce.

 

Moved:  Cm.  Agredano

Second:  Cm.  J.  Valdez

For:      8                                         Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

4.  Public hearing and introductory ordinance authorizing the City Manager to accept a

grant from the Texas Department of Transportation for the “El Protector” program and amending the City of Laredo’s 2003-2004 annual budget in the amount of $29.00 and amending the Full Time Equivalent Positions.  The Texas Department of Transportation will contribute $35,000 for this program and the City will contribute $42,226.00 in matching funds. These funds will pay for the salary and fringe benefits for one police officer.  The funding period for this grant will be from October 1, 2003 through September 30, 2004.

 

Motion to open the public hearing.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Agredano

For:      8                                         Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Garcia

Second:  Cm.  J.  Valdez

For:      8                                         Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

5.  Public hearing and introductory ordinance accepting a direct aid grant from the Texas

State Library Loan Star Libraries Program in the amount of $18,627.00 for new computers at the Santo Nino Branch Library and study rooms, and amending the City of Laredo FY 2003-2004 annual budget in the amount of ($1,686.00).

 

Motion to open the public hearing.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Agredano

For:      8                                         Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Agredano

Second:  Cm.  Garcia

For:     8                                          Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

 

 

6.  Public hearing and introductory ordinance amending Chapter 5.5, Ambulances Article I-

In General, of the Laredo Code of Ordinances, by specifically amending Section 5.5-28 (a) to standardize basic rates, and providing for publication and effective date of January 1, 2004. The increase in rates are primarily to recover from insurance carriers, and were compiled from a rate review survey of 32 cities in Texas. 

 

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:  Mayor Pro Tempore Galo

Second:  Cm.  Agredano

For:      8                                         Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

7.  Public hearing and introductory ordinance amending the City of Laredo FY 2003-2004

annual budget by increasing expenditures and revenues by $5,859.00 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; extending the contract period for one month beginning February 1, 2002 through October 31, 2003. 

 

Motion to open the public hearing.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Agredano

For:      8                                         Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Agredano

Second:  Cm.  Garcia

For:      8                                         Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

8.  Public hearing and introductory ordinance amending the City of Laredo FY 2003-2004

annual budget by increasing revenues and expenditures in the amount of $95,374.00 for the Texas Department of Health for the Women, Infants and Children "WIC" Program of the City of Laredo Health Department for the period beginning October 1, 2003, through September 30, 2004; and amending the FY 2003-2004 full-time equivalent positions from 80 to 82.5. The new grant total budget will be $2,911,507.00. 

 

Motion to open the public hearing.

 

Moved:  Cm.  Belmares

Second:  Cm.  J.  Valdez

For:      8                                         Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  E.  Valdez

Second:  Cm.  Garcia

For:      8                                         Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

VIII.    GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS

 

            A.  Request by Council Member Alfredo Agredano

 

1.  Discussion with possible action authorizing the City Manager to have the Department of

Public Works construct sidewalks on 2000 & 2100 South Milmo (east side); 2300 & 2400 Chestnut (north side); 2300 San Luis (south side); and the 2900, 3000 and 3100 South Martin (west side); to be funded with District 1 discretionary funds.

 

Motion to postpone. 

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Garcia

For:    8                                           Against:  0                                            Abstain:  0

   

            B.  Request by Council Member Hector J. Garcia

 

1. Requesting City Manager to finalize agreement with LISD regarding the conveyance of

Garcia Street between San Dario and San Eduardo Avenues, Benavides Street between Davis and Main Avenue, 2800 S. Canada between Palo Blanco and Thurman, and six (6) lots on Fremont adjacent to Memorial Middle School.

 

Cm.  Garcia encouraged City staff to work out a solution with Laredo Independent School District.  He spoke in favor of exchanging property for properties.  He added that the school district is building, expanding, and bringing life into different neighborhoods. 

 

Dr.  Cecilia Moreno, Construction Planning and Asset Management with Laredo Independent School District, introduced several board member that were in the audience.  She asked the City Council Members to consider the identification of the LISD owned properties and the value of other special projects.  She expressed the districts excitement for their contribution to revitalization of inner city neighborhoods.  She assured the Council that the children are going to benefit from the new changes.  She added that the City would benefit by the revitalization of the schools.  She asked for the Council’s support for the item.

 

Jose Valdez, Laredo Independent School Trustee, said that the situation surfaced without anyone planning for it.  He informed the Council that the school district is not financially challenged; however, the monies are restricted. He added that it is not easy to take the monies to pay for the property.  He stressed the important of working together with City Council for a win-win situation. 

 

Larry Dovalina, City Manager, gave a comprehensive report on the agreement with LISD regarding the conveyance of Garcia Street between San Dario and San Eduardo Avenues.  He noted that staff has been meeting with Laredo Independent School District officials to finalize agreements.  He went on to say that there are three different problems.  One is urgent because construction has taken place on Garcia, Benavides, and Canada.  He said that the City has obtained fair market appraisals for said properties.  He advised that the City Attorney has given his legal opinion stating that the City of Laredo must have fair market value for any properties that they acquire.  Staff has discussed the issue and has determined that some of the easements were in the streets; therefore, they could allow a 50% discount off of the market appraisals that are listed below: 

 

$45,000       Benavides

$142,000     Garcia

$37,000       Canada

 

The second problem involves the closure of Canada and Frost streets.  Planning and Zoning has looked at the closure of Plum and some discussion has been motivated by the fact that Nixon does not enjoy a closed campus.  There are needs and necessity to take a look at that area which will give the City time to negotiate further.  LISD is requesting six lots which are being appraised at $54,000 each.  Two of the lots may have utility easements on them which would allow the City to offer the same 50% discount.  He noted that LISD is not in agreement with the appraised value of the lots.  He suggested for LISD to hire another certified appraiser for a second opinion on the properties. 

 

Finally, the third problem is that LISD is seeking to get another $34,000,000 bond issue to do some remaining schools.  He said that he is concerned about the actual titles on the properties.  He suggested getting a working relationship with LISD now rather than facing problems in the future.  He went on to say that staff is prepared to meet with LISD.  He said that the issues that the City has proposed within our frame work of what the City can accept have not been acceptable.  He added that the item has been placed on the LISD Board Meeting Agenda.  Staff feels that LISD should expedite their decisions on the first problem considering that construction has begin; however, further negotiations are recommended. 

 

Jaime Flores, City Attorney, said the core issue is the arrival at the fair market value. The Texas Constitution absolutely requires for the City to receive they cannot grant or give anything of value. The City Manager has gone through the process of obtaining an appraisal and has looked at providing a discount through establishing the value for the retained easement for the streets.  He said the amount is being looked at to see if it can be given in time through trade; however it must go back to the fair market value. 

 

Mayor Flores asked if there has been discussion on actual land swapping.

 

Larry Dovalina, City Manager, noted that the property is property foreclosed by the school district.  In order to clear the land they must pay the taxes. 

 

Cm.  E.  Valdez noted his desire to work with LISD in an expedient manner. 

 

Jose Valdez, Sr.  noted that the item will be place on the LISD agenda for further discussion.  He agreed that there needs to be more dialogue on the item in order to reach an agreement.  

 

            C.  Request by Council Member John C. Galo 

                                   

      1.  Update on hiring of Tennis Pro and Market Street Courts.

 

Motion to postpone. 

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Garcia

For:    8                                    Against:  0                                            Abstain:  0

 

                   2.  Report from Traffic Department regarding accidents on Meadow                                                           and Galveston, with possible action.

 

 Motion to postpone. 

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Garcia

For:    8                                    Against:  0                                            Abstain:  0

 

              D.  Request by Council Member Johnny Amaya

 

        1.  Discussion with possible action to close the 2000 block of Plum to allow a closed

                         campus for J.W. Nixon High School.  (Co-sponsored by Council Member Hector  

                         J.   Garcia)

 

 Motion to authorize staff to create an ordinance to close the 2000 block of Plum to  

 allow a closed campus for J. W. Nixon High School.

 

             Moved:  Cm.  Amaya

             Second:  Cm.  Garcia

             For:     8                                  Against:  0                                            Abstain:  0

           

            E.  Request by Council Member Eliseo Valdez, Jr.

   1.  Status report by Legislative Liaison, Rene Gonzalez, regarding the effectiveness of

City's Lobbyist Team during last legislative session, including those issues affecting the constituents of the City of Laredo that were approved and those that were not and the impact either way to the community; status of Special Legislative Session regarding issues that affect the City of Laredo and how we can become involved; and consideration for Lobbyist Team to report directly and more often to either the Legislative Committee or the City Council, especially during creation of legislative agenda. (Co-sponsored by Council Member Gene Belmares)

 

Motion to postpone. 

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Garcia

For:    8                                    Against:  0                                            Abstain:  0

 

2.  Discussion with possible action regarding the development of the Standard Technical

Specifications Manual and setting a thirty (30) day deadline for its completion. (Co-sponsored by Council Members Gene Belmares and Jose A. Valdez, Jr.)

 

     Motion to postpone. 

 

     Moved:  Mayor Pro Tempore Galo

          Second:  Cm.  Garcia

                      For:    8                                      Against:  0                                            Abstain:  0

 

     3.  Discussion with possible action to provide solutions for District V constituents

          regarding floodplain insurance as it relates to the latest floodplain map.

 

     Motion to postpone. 

 

                      Moved:  Mayor Pro Tempore Galo

                      Second:  Cm.  Garcia

                      For:    8                                      Against:  0                                            Abstain:  0

 

     4.  Status report on the studies being conducted at the former air force base (Alta

          Vista/Vista Hermosa) and activities of the Committee.

 

Motion to postpone. 

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Garcia

For:    8                                    Against:  0                                            Abstain:  0

 

            F.  Request by Council Member Gene Belmares

 

1.  Discussion with possible action on enforcement efforts to control roadside

     vendors.

 

     Motion to postpone.

 

     Moved:  Mayor Pro Tempore Galo

     Second:  Cm.  Garcia

     For:     8                              Against:  0                                            Abstain:

 

 

2.  Discussion with possible action regarding traffic calming at Chris Lane.

 

     Motion to postpone.

 

     Moved:  Mayor Pro Tempore Galo

     Second:  Cm.  Garcia

     For:     8                              Against:  0                                            Abstain:

 

3.  Discussion with possible action to provide financial assistance to the Marine   

Corps League on a reimbursable basis for direct expenditures for the Mid-Winter Conference.  (Co-sponsored by Veteran’s Affairs Committee)

 

     Motion to postpone.

 

     Moved:  Mayor Pro Tempore Galo

     Second:  Cm.  Garcia

     For:     8                              Against:  0                                            Abstain:

 

            G.  Request by Council Member Juan Ramirez

 

1.  Status report on the Calle Iturbide project.

 

     Motion to postpone.

 

     Moved:  Mayor Pro Tempore Galo

     Second:  Cm.  Garcia

     For:     8                              Against:  0                                            Abstain:

 

IX.       INTRODUCTORY ORDINANCES

 

10.  Authorizing the City Manager to execute a lease renewal with Pinkerton, Inc. and

Burns International Security Services Corporation for two offices totaling approximately 500 square feet and located at International Bridges I & II  a.) Lease term is for one (1) year commencing November 1, 2003 and ending on October 31, 2004  b.) Monthly rent will be $2,200.00 for both properties  c.) City of Laredo may terminate lease within ninety (90) days written notice.

 

Ordinance Introduction:  City Council

 

11.  Closing as a public easement that section of the 2800 block of South Canada Avenue

between Palo Blanco and Thurman Streets situated in the Eastern Division, City of Laredo, Webb County, Texas and providing for an effective date.

 

Ordinance Introduction:  City Council

 

12.  Closing as a public easement that section of the 2000 block of Frost Street between

Malinche and Urbahn Avenues situated in the Eastern Division, City of Laredo, Webb County, Texas and providing for an effective date.

 

Ordinance Introduction:  City Council

 

13.  Approving and authorizing the City Manager to execute a consent and estoppel

agreement between City of Laredo, and Laredo Texas Hospital Company, L.P., covering certain land conveyed by the City of Laredo, as Grantor, to Mercy Regional Medical Center, as Grantee and approved by Ordinance no. 95-O-016 conveying unto said Grantee an approximate 50.7656-acre tract of land located at the Laredo International Airport by executing a document containing the following proviso that (i) no seismic testing, drilling, reworking, or other operations for exploration, development, production, marketing, transportation, storage, sale, refinement or treatment of oil, gas or other minerals (the "minerals"), will be conducted on the surface of the land described in this ordinance  ("the land") in connection with the exploration of the minerals in, on, under or that may be produced from the land; (ii) grantor shall have no rights of  ingress or egress to the surface of the land for any purpose, including but not limited to, the purpose of seismic testing, mining, reworking, drilling, exploring, developing, producing, marketing, storing, transporting, and/or any other kind of operation customarily used in the oil, gas and mining industry in connection with the exploitation of the minerals; and (iii) grantor shall not use the surface of the land for surfacing or strip mining, or for the removal of hard rock minerals or surface or near surface mineral substances.  Operations for exploration or recovery of the minerals conducted on the subsurface of the land and/or on other lands owned by grantor (including the surface and/or subsurface of such other lands) shall be permissible so long as all surface operations in connection therewith are located at points outside the land and upon the condition that none of such operations shall be conducted so as to interfere with the use and enjoyment of the land and/or with the load bearing strength thereof.  These covenants and agreements shall be binding on grantor, grantor's heirs, executors, administrators, successors, assigns and lessees, and shall constitute negative easements running with the ownership of the minerals, hard rock minerals or surface of or near surface mineral substances lying, in and/or under the land and grantor's adjoining lands, providing for effective date.

 

Ordinance Introduction:  City Council

 

14.  Designating as a one-way eastbound the 400 and 500 block of O’kane Street between

Springfield Avenue and Lexington Avenue, and as one-way southbound the 2300 block of Lexington Avenue between O’kane Street and Clark Boulevard to be effective during the peak hours of 7:30 a.m. to 8:30 a.m. and 2:30 p.m. to 4:00 p.m., Monday through Friday, during school days, providing for the installation of appropriate signs to indicate one-way traffic in the designated direction and providing for publication and effective date.

 

Ordinance Introduction:  City Council

 

15.  Designating as a one-way eastbound the 2500, 2600, & 2700 block of Lane Street,

between Milmo Avenue and Arkansas Avenue, to be effective during the peak hours of 7:00 to 8:30 a.m. and 2:30 to 4:00 p.m., Monday thru Friday, during school days, providing for the installation of appropriate signs to indicate one-way traffic in the designated direction and providing for publication and effective date.

 

Ordinance Introduction:  City Council

 

X.        FINAL READING OF ORDINANCES 

 

Motion to waive the final readings of Ordinance #2003-O-210, # 2003-O-233, # 2003-O-234, # 2003-O-235, # 2003-O-236, # 2003-O-237, # 2003-O-238, # 2003-O-239, # 2003-O-240, # 2003-O-242, # 2003-O-243, # 2003-O-244, # 2003-O-245, # 2003-O-246, and # 2003-O-247. 

 

            Moved:  Cm.  J.  Valdez

            Second:  Cm.  Amaya

            For:     8                                               Against:  0                                            Abstain:  0

2003-O-210  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.  (As amended)

 

Motion to adopt Ordinance # 2003-O-210.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Agredano

For:     8                                      Against:  0                                Abstain:  0

2003-O-233  Amending the Zoning Ordinance Map of the City of Laredo by authorizing the

issuance of a Conditional Use Permit for the storage of hazardous materials on Lots 2-7, Block 49, Eastern Division, located at 220 Market Street; providing for publication and effective date. 

 

Motion to adopt Ordinance # 2003-O-233.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Agredano

For:     8                                      Against:  0                                Abstain:  0

2003-O-234  Amending the Zoning Ordinance Map of the City of Laredo by authorizing the

issuance of a Conditional Use Permit on all of Block 270, Eastern Division, located at 2001 Cedar Avenue; providing for publication and effective date. 

 

Motion to adopt Ordinance # 2003-O-234.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Agredano

For:     8                                      Against:  0                                Abstain:  0

2003-O-235  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. 

 

Motion to adopt Ordinance # 2003-O-235.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Agredano

For:     8                                      Against:  0                                Abstain:  0

2003-O-236  Amending the City of Laredo Code of Ordinances by repealing Chapter 14

(Garbage Trash & Refuse), Article III, Rates for Federally Mandated NPDES Program Sections 14-10 through 14-20 and by creating Chapter 33, Article VII, entitled Stormwater Fees to include new sections, 33-430 through 33-450, defining the stormwater rates for residential and commercial customers and providing for publication and effective date.

 

Motion to adopt Ordinance # 2003-O-236.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Agredano

For:     8                                      Against:  0                                Abstain:  0

2003-O-237  Amending the Zoning Ordinance Map of the City of Laredo by rezoning Lot

6, Block 3, Del Mar Village Addition, located at 102 Del Court, from B-3 (Community Business District) to B-4 (Highway Commercial District); providing for publication and effective date.

 

Motion to adopt Ordinance # 2003-O-237.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Agredano

For:     8                                      Against:  0                                Abstain:  0

2003-O-238  Amending the Zoning Ordinance Map of the City of Laredo by rezoning 4.8

acres, as further described by metes and bounds on attached Exhibit “A,” located south of Highway 359, from R-1 (Single Family Residential District) to B-4 (Highway Commercial District); providing for publication and effective date.

 

Motion to adopt Ordinance # 2003-O-238.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Agredano

For:     8                                      Against:  0                                Abstain:  0

 

2003-O-239  Amending the Zoning Ordinance Map of the City of Laredo by rezoning 0.454

acres, as further described by metes and bounds on attached Exhibit “A,” located north of River Bank Drive and west of Atlanta Drive, from AG (Agricultural District) to R-1A (Single Family Reduced Area District); providing for publication and effective date.

 

Motion to adopt Ordinance # 2003-O-239.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Agredano

For:     8                                      Against:  0                                Abstain:  0

2003-O-240  Amending the City of Laredo 2003-2004 annual budget in the amount of

$337,328.00 to fund the Laredo Autotheft Task Force.  The Texas Automobile Theft Prevention Authority will be awarding $282,805.00, the City of Laredo will be designating $134,887.00 in matching funds, and Webb County will be designating $23,430.00 in matching funds for a total of $441,122.00.  This grant is effective from September 1, 2003 through August 31, 2004.  (As amended)

 

Motion to adopt Ordinance # 2003-O-240.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Agredano

For:     8                                      Against:  0                                Abstain:  0

2003-O-242  Amending Ordinance 2002-O-262 of the Code of Ordinances for the City of

Laredo providing a charge of $15.00 per client for the Influenza Immunization at the Immunization Clinic of the City of Laredo Health Department, and $20.00 for the pneumococcal vaccine, providing for a sliding fee to persons unable to pay due to indigence; and providing for severability, publication and effective date.

 

Motion to adopt Ordinance # 2003-O-242.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Agredano

For:     8                                      Against:  0                                Abstain:  0

2003-O-243  Amending the City of Laredo FY 2002-2003 annual budget by appropriating

revenues and expenditures in the amount of $336,184.00 in funds from the Texas Department of Health and $147,307.00 in program income for the City of Laredo Health Department for the period beginning September 1, 2003 through August 31, 2004.

 

Motion to adopt Ordinance # 2003-O-243.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Agredano

For:     8                                      Against:  0                                Abstain:  0

2003-O-244  Amending the City of Laredo FY 2002-2003 annual budget by appropriating

revenues and expenditures in the amount of $13,333.00 for the HIV Hepatitis C Screening Project of the City of Laredo Health Department for a four (4) month period beginning September 1, 2003 through December 31, 2003.

 

Motion to adopt Ordinance # 2003-O-244.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Agredano

For:     8                                      Against:  0                                Abstain:  0

2003-O-245  Authorizing the City Manager to enter into a contract with the South Texas

Development Council and amending the City of Laredo FY 2002-2003 annual budget by appropriating revenues and expenditures in the amount of $103,275.00.  The South Texas Development Council will grant the City of Laredo $103,275.00 for the HIV/AIDS Health and Social Services Project of the City of Laredo Health Department, for the period beginning September 1, 2003 through August 31, 2004.

 

Motion to adopt Ordinance # 2003-O-245.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Agredano

For:     8                                      Against:  0                                Abstain:  0

2003-O-246  Authorizing the City Manager to (1) convey a parcel of 2,916.69 sq.ft. out of

the east side of lot 5, Block 194, Eastern Division, and to (2) execute a contract with Jose Martinez and Teresa G. Martinez, in order to clear an encroachment on Springfield Avenue between San Pedro Street and Olive Street; the salient elements of such contract being the following: (1) City will convey the above property; (2) city will pay up to the $27,500.00 for the acquisition of a mobile home to be placed on the property to be conveyed; and (3) City will be allowed to demolish the entire encroaching structure located on lot 4, block 194, Eastern Division; providing for effective date.

 

Motion to adopt Ordinance # 2003-O-246.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Agredano

For:     8                                      Against:  0                                Abstain:  0

2003-O-247  Approving the public sale of three (3) tracts of airport non-aeronautical use

land located at the Laredo International Airport to the following successful bidders meeting all bid specifications being Tracts “A” consisting of approximately 3.91 acres to Dr. Ricardo G. Cigarroa, a Limited Partnership, in the amount of $ 1,200,753.00, Tract “B” consisting of approximately 5.46 acres to Dr. Ricardo G. Cigarroa, a Limited Partnership, in the amount of $ 1,724,323.00 and Tract “D” consisting of approximately 1.6087 acres to Dr. Amando Garza, III, a Joint Venture, in the amount of $475,001.00; providing for effective date. 

 

Jose Flores, Airport Director, said that Dr.  Ricardo Cigarroa placed a bid with the conditions that the City would demolish the building on tract B.  However, he withdrew the condition thereby making him a qualified buyer. 

 

Motion to adopt Ordinance # 2003-O-247 subject to amendment that Dr.  Ricardo Cigarroa withdrawing the condition that the City should demolish the building on tract B.  The buyer will demolish the building.   

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Agredano

For:     8                                      Against:  0                                Abstain:  0

XI.       RESOLUTIONS

 

17.  2003-R-117 Accepting the donation of the “Surface Only” of a 0.0351 of an acre parcel

of land, more or less, from Juan A. Alejandro, as a Utility Easement, for the Pueblo Nuevo Subdivision Right-of-Way and Easement Acquisition Project.  Said parcel of land being out of Lot 3, Block 12, Pueblo Nuevo Subdivision, City of Laredo, Webb County, Texas.

 

Motion to approve Resolution # 2003-R-117.

 

Moved:  Mayor Pro Tempore Galo

Second:Cm.  Agredano

For:     8                                Against:  0                                Abstain:  0

18.  2003-R-118  Accepting the donation of the “Surface Only” of a 0.17142 of an acre,

more or less, parcel of land, as a ten-foot-wide Sanitary Sewer Easement, from R. C. Kahn Enterprises, a Texas Limited Partnership, for the extension of utility services lines to the Kahn Subdivision.  Said ten-foot-wide Sanitary Sewer Easement being out of Lot 6, Kahn Subdivision, City of Laredo, Webb County, Texas.

 

Motion to approve Resolution # 2003-R-118.

 

Moved:  Mayor Pro Tempore Galo

Second:Cm.  Agredano

For:     8                                Against:  0                                Abstain:  0

19.  2003-R-119  Accepting the donation of the “Surface Only” of a 0.012 of an acre

(529.008 sq. ft.) parcel of land and a 0.007 of an acre (300.367 sq. ft.) parcel of land, as perpetual easements, from Ralph Norton & Sons, Inc., for the Iturbide Street Urban Mall Project.  Both parcels of land being out of Lot 6, Block 3, Western Division, City of Laredo, Webb County, Texas.

 

Motion to approve Resolution # 2003-R-119.

 

Moved:  Mayor Pro Tempore Galo

Second:Cm.  Agredano

For:     8                                Against:  0                                Abstain:  0

20.  2003-R-120  Accepting the donation of the “Surface Only” of a 0.009 of an acre

(412.657 sq. ft.) parcel of land, as a perpetual easement, from Frank Sisters Rentals, Inc., for the Iturbide Street Urban Mall Project.  Said parcel of land being out of Lot 7, Block 3, Western Division, City of Laredo, Webb County, Texas.

 

Motion to approve Resolution # 2003-R-120.

 

Moved:  Mayor Pro Tempore Galo

Second:Cm.  Agredano

For:     8                                Against:  0                                Abstain:  0

21.  2003-R-121  Accepting the donation of the “Surface Only” of a 0.012 of an acre

(515.988 sq. ft.) parcel of land, as a perpetual easement, from JP Morgan Chase Bank, Trustee of the Garcia Beneficiaries Trust, for the Iturbide Street Urban Mall Project.  Said parcel of land being out of Lots 9 & 10, Block 3, Western Division, City of Laredo, Webb County, Texas.

 

Motion to approve Resolution # 2003-R-121.

 

Moved:  Mayor Pro Tempore Galo

Second:Cm.  Agredano

For:     8                                Against:  0                                Abstain:  0

22.  2003-R-122  Dedication of the park facility currently known as South Laredo Park on

the corner of San Luis Street and Saltillo Avenue as Mario B. Tijerina Park in memory of his work with the youth of Laredo and his lifelong dedication to the cultivation of baseball and softball as popular local recreational pastimes.

 

Motion to approve Resolution # 2003-R-122.

 

Moved:  Mayor Pro Tempore Galo

Second:Cm.  Agredano

For:     8                                Against:  0                                Abstain:  0

23.  2003-R-123  Accepting a donation of an eight-harness Gilmore Floor Loom

workstation from Dr. and Mrs. John Miniter to be used for an interactive exhibit at the City of Laredo Main Library.

 

Motion to approve Resolution # 2003-R-123.

 

 

Moved:  Mayor Pro Tempore Galo

Second:Cm.  Agredano

For:     8                                Against:  0                                Abstain:  0

24.  2003-R-124  A resolution of the City of Laredo Council to nominate a candidate for the

Webb County Appraisal District Board of Directors and to cast 862 votes for City Council Member John C. Galo, as the City of Laredo's member to the Webb County Appraisal District Board of Directors for the 2004-2005 term as per Section 6.03 of the Texas Property Tax Code.  The remaining 211 votes will be cast to the candidate that the Laredo Independent School District casts its vote for in the election; and directing the Secretary to transmit a copy of this resolution to the Chief Appraiser of the Webb County Appraisal District before October 15, 2003.

 

Motion to approve Resolution # 2003-R-124.

 

Moved:  Mayor Pro Tempore Galo

Second:Cm.  Agredano

For:     8                                Against:  0                                Abstain:  0

25.  2003-R-128  Authorizing the award of contract to Sames Motor Company for the

purchase of twelve vehicles for contract FY03-118 pursuant to Section 271.095 of the Local Government Code “Consideration of Location of Bidder’s Principal Place of Business” as the local bid within three percent of the lowest bid received by the City and City Council finds in writing that Sames Motor Company offers the best combination of contract price and additional economic development opportunity for the City of Laredo.

 

Motion to approve Resolution # 2003-R-128 amending 271.095 to 271.905.

 

Moved:  Mayor Pro Tempore Galo

Second:Cm.  Agredano

For:     8                                Against:  0                                Abstain:  0

26.  2003-R-129  A resolution of the City of Laredo, Texas authorizing the City Manager or

his designee to execute an electric supply agreement pursuant to the contract to be signed by South Texas Aggregation Project, Inc., for deliveries of electricity effective January 1, 2004.

 

Motion to approve Resolution # 2003-R-129.

 

Moved:  Mayor Pro Tempore Galo

Second:Cm.  Agredano

For:     8                                Against:  0                                Abstain:  0

        

27.  2003-R-130  Accepting a grant from the U. S. Department of Transportation Small

Community Air Service Development Pilot Program in the amount of $400,000.00 for the purpose of marketing and promoting air service to and from the Laredo International Airport, the local match of $100,000.00 is available from the FY 2003-2004 Conventions & Visitors Bureau Budget and authorizing the City Manager to execute said grant. 

 

Motion to approve Resolution # 2003-R-130.

 

Moved:  Mayor Pro Tempore Galo

Second:Cm.  Agredano

For:     8                                Against:  0                                Abstain:  0

XII.     MOTIONS

 

28.  Consideration to renew the lease agreement with Casa Beto, Inc., Laredo, Texas, for

the lease of a warehouse facility located at 702 Davis.  This warehouse is being utilized by the Health, Finance and Engineering Departments as a central storage facility of records and documents.  The term of this contract will be for one-year period with an option of an additional year.  The first year cost is $18,600.00 and the second year rent will be $18,900.00.  The lease cost of $0.1722 sq.ft. is prorated based on the square footage utilized by each operation.  Funding is available in the  Health, Finance, and Engineering Departmental budgets.

 

Motion to approve.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  J.  Valdez

For:     8                                        Against:  0                                            Abstain:  0

 

29.  Consideration to award a professional services contract to Bexar County Forensic

Science Center, San Antonio, TX, in an estimated amount of $100,000.00 for criminal investigation and laboratory services for the Police Department.  All services are requested on an as needed basis.  Services include arson, controlled substances, DNA, firearms, tool marks, toxicology, serology, and other services required for criminal investigations.  Funding is available in the Police Department operational budget.

 

Motion to approve.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  J.  Valdez

For:     8                                        Against:  0                                            Abstain:  0

 

30.  Consideration to authorize the purchase of Police and Fire Departments entrance and

promotional exams from the sole source vendor, Wollack and Associates, Redmond, WA, in the estimated amount of $50,000.00.  This contract will cover all exams needed this fiscal year.  The City is charged for only for those exams used on the test day.  Funding is available in the Police and Fire Departmental budgets.

 

Motion to approve.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  J.  Valdez

For:     8                                        Against:  0                                            Abstain:  0

 

31.  Consideration to reject the lease agreement between the City of Laredo Police

Department and GODOT, L.C., for approximately 1,708 square feet of office space for the monthly rent of $2,596.16, and authorization to negotiate and execute a lease agreement between the City of Laredo Police Department and PBI Properties, Inc./Adolfo Gutierrez for approximately 2,000 square feet of office space.  The monthly rent is $2,500.00.  The maximum term of the lease agreement is for five years and will commence on October 15, 2003 and end on October 16, 2008.  The lease is 100% federally funded.

 

Motion to approve.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  J.  Valdez

For:     8                                        Against:  0                                            Abstain:  0

 

32.  Consideration for acceptance of the Bridge II re-roofing project and approval of final

payment in the amount of $24,750.00 to Bruton Gomez & Company, Corpus Christi, Texas.  Final contract amount is $137,000.00.  Funding is available in the Bridge System Toll Plaza Improvements.

 

Motion to approve.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  J.  Valdez

For:     8                                        Against:  0                                            Abstain:  0

 

33.  Consideration to authorize the City Manager to execute an extension to the

maintenance service agreement contract between the City of Laredo and Transcore, LP for the maintenance of the Bridge system toll equipment.  The maintenance agreement extension will be for one year starting October 1, 2003 and will not exceed $125,000.00.  The City of Laredo will have an option to renew for an additional year subject to satisfactory performance evaluations of Transcore’s service to the City.

 

Motion to approve.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  J.  Valdez

For:     8                                        Against:  0                                            Abstain:  0

 

34.  Consideration for the approval of the release of a partial retainage of $117,136.12 from

the total retainage amount of $147,154.12 from the construction contract with Modern Construction, Laredo, Texas, for the new Laredo Municipal Court building project located at Thomas Avenue and Leal Street south of the Laredo Police Department at the Laredo International Airport.  An amount of $30,018.00 is being retained for completion of punch list items.  Funding is available in the 2000 A CO Issue Retainage Payable Account.

 

Motion to approve.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  J.  Valdez

For:     8                                        Against:  0                                            Abstain:  1

                                                                                                     Cm.  Hector Garcia

 

35.  Consideration for approval of change order no. 1 a net decrease of $299,370.55 to the

construction contract with TJ & T Enterprises, Inc., Cypress, Texas, for the Laredo International Airport Passenger Terminal and related airside/landside improvements Phase E for the addition and deletion of quantities in place such as 14.5” thick reinforced concrete, flexible base, signs, lights and miscellaneous storm drainage items and to add 20 working days to the construction contract time.  Funding is available in the FAA Grant No. 34-Improvements other than buildings account.

 

Motion to approve.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  J.  Valdez

For:     8                                        Against:  0                                            Abstain:  0

 

36.  Consideration for approval of amendment no. 1 an increase of $42,650.00 to the

professional services contract with Sepulveda Associates Architects, Inc., Laredo, Texas, for the Laredo International Airport for additional design work to include roof repairs at the former passenger terminal Building No. 104, Hangar Buildings No. 123, 142, 162, 182, and 1307.  Funding is available in the Storm/Wind Damage Account under the Airport Operations Fund.

 

Motion to approve.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  J.  Valdez

For:     8                                        Against:  0                                            Abstain:  0

 

37.  Consideration to award a contract to the low bidder, Koch Corporation of Louisville,

Kentucky, in the amount of $633,781.00 for the soundproofing of thirty homes Phase II acquired by the City and funded by the FAA Noise Compatibility Program.  The soundproofing is part of the City of Laredo Residential Sound Insulation Program, which is a component of the City of Laredo Airport Noise Compatibility Program.

 

Motion to approve.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  J.  Valdez

For:     8                                        Against:  0                                            Abstain:  0

 

38.  Consideration for approval to award an engineering contract to Freese and Nichols,

Inc., Fort Worth, Texas, for an amount not to exceed $37,245.00 for design and preparation of plans and specifications for the Fuel Farm Realignment Project.   Funding is available in the Airport Construction Fund/Grant No. 31.

 

Motion to approve.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  J.  Valdez

For:     8                                        Against:  0                                            Abstain:  0

 

39.  Consideration for approval of change order no. 2 an increase of $192,091.52 to the

construction contract with Price Construction, Inc., Laredo, Texas, for the Laredo International Airport Northeast Cargo Apron and access road for underground storm drainage and to add 60 calendar days to the construction contract time for the drainage work.  Funding is available in the Airport Construction Fund/AIP Grant No. 34.

 

Motion to approve with correction to read “an increase of $202,091.52”. 

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  J.  Valdez

For:     8                                        Against:  0                                            Abstain:  0

 

40.  Consideration to award contract number FY03-121 to the following qualified book

vendors:  West Circle Books, American Library Sales, Mister Anderson’s Company, and Rainbow Book Company; for the library materials collection development of books, databases, and audio-visual products for a term of two years.   Multiple contracts for the purchase of books and other library products allow the library staff to use appropriate sources to purchase materials for efficient collection development.  Funding is available in the General Fund Library Department.

 

Motion to approve.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  J.  Valdez

For:     8                                        Against:  0                                            Abstain:  0

 

41.  Consideration to award contract number FY03-118, for the lease purchase of vehicles

authorized in the FY03 budget for the Police Department and authorizing the City Manager to sign all lease purchase documents, from the following bidders:

Lawrence Marshall Dealerships, Hempstead, Tx. - $454,485.00

5 - Tahoe LS  - $131,930.00,  Low Bidder

6 - Trailblazer LS - $117,804,  Low Bidder

1 - Chevrolet Passenger Van - $16,687.00, Low Bidder

1 - Chrysler Passenger Van - $21,567.00, Low Bidder

3 - Dodge Ram Truck - $66,662.00, Low Bidder

5 - Jeep Grand Cherokee - $104,835.00, Low Bidder

 

Sames Motor Company, Inc., Laredo, Texas - $252,350.00

2 - Expedition - $76,00.00, Bidders Principal Place of Business Provision

10-Crown Victoria – $200,000.00, Bidders Principal Place of Business Provision

Philpott Motors, LTD.  - $60,384.00

4 – Ford F150 Super Cab Truck $60,384.00, Low Bidder

 

Motion to approve.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  J.  Valdez

For:     8                                        Against:  0                                            Abstain:  0

 

42.  Consideration to authorize the purchase and installation of a security lighting system

from Musco Lighting through the Texas Local Government Purchasing Cooperative (Buy Board) contract pricing in the amount of $58,950.00.  Utilizing the buy board contract pricing, this security lighting system will be installed at the South Laredo Park (Mario B. Tijerina Park).  Funding is available in the 28th Action Year-2002 Community Development Grant (CDBG).

 

Motion to approve.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  J.  Valdez

For:     8                                        Against:  0                                            Abstain:  0

 

43.  Authorizing the City Manager to enter into a contract with Catholic Services of Laredo,

Inc., (CSSL) in the amount of $90,270.00 to administer the City’s FY 2003-2004 General Fund Welfare Assistance Program through which rental, utility, burial, transportation, ambulance, and health care services assistance is provided to indigent individuals and families residing in the community.  The contract would cover expenditures for the period of October 1, 2003 to September 30, 2004 and up to $81,243.00 of the general welfare funds would be designated for the assistance of indigent individuals and families of low income while $9,027.00 (approximately 10%) would be allocated to cover administrative expenses to include:  overhead wages, and office supply costs incurred by Catholic Social Services.

 

Motion to approve.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  J.  Valdez

For:     8                                        Against:  0                                            Abstain:  0

 

44.  Consideration to authorize the City Manager to execute the Employee Health and

Wellness Clinic Physician Contract number FY 03-113 between the City of Laredo and David Cruz, M.D. to provide medical services as the City of Laredo’s designated physician for the Occupational Health Clinic located at 5512 Thomas.  Estimated amount of the contract is approximately $25,000.  Funding is available in the Health Benefits Fund/Employee Health Division Budget.

 

Motion to approve.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  J.  Valdez

For:     8                                        Against:  0                                            Abstain:  0

 

45.  Consideration for approval to reject the sole bid submitted by CG Construction, Inc.,

Laredo, Texas, for the Laredo International Airport improvements to Fire Station No. 6 due to bidder’s failure to submit an acceptable bid bond as stipulated in the bid documents, and to authorize staff to re-bid the project.

 

Motion to approve.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  J.  Valdez

For:     8                                        Against:  0                                            Abstain:  0

 

46.  Consideration to award a construction contract to the lowest bidder Cantu Electric, Inc.,

Laredo, Texas, for the El Cuatro Park/Electrical and Illumination System Project in the base bid amount of $46,192.00.  Funding is available in the Community Development Block Grant.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  J.  Valdez

For:     8                                        Against:  0                                            Abstain:  0

 

XIII.    STAFF REPORTS

           

A.   Staff update on the indoor air quality amendment providing additional information

requested by the City Council and presenting several options to proceed on the proposed amended ordinance.

 

Dr.  Gonzalez, Health Director, explained that staff has been working very diligently to update additional information regarding the indoor air quality amendment.  He discussed the different options and explained what surrounding City’s are doing for the In-Door Air Quality. 

 

Cm.  Agredano spoke in favor of moving towards an ordinance that would not allow individuals to smoke.   He disagreed with individuals that stated that the businesses would suffer if they went 100% smoke free.  On the contrary, he noted that many businesses were smoke free and their businesses are doing great. 

 

Mayor Flores pointed out the Laredo Entertainment Center is 100% smoke free and it has not affected the attendance to any of the functions.

 

Cm.  Garcia added that he would like to wait to see what happens in the City of San Antonio, Texas where businesses must have separate ventilation.

 

Jaime Flores, City Attorney, discussed the three different options which include keeping the current ordinance, a signage requirement, or a total band from smoking.

 

Cm.  Belmares said that citizens have the right to protect themselves.  When a business posts the signage the citizens can decide whether or not they should enter into the establishment.  He said if Council agreed to a total band they would be stripping the rights of the smoker and the proprietor.    He noted the importance of balancing the rights of all individuals.

 

B.  Status report by Dr. John Adams, Laredo Development Foundation Executive Director,

     regarding economic development activities in the City of Laredo.

 

Dr.  John Adams, Laredo Development Foundation Executive Director, informed City Council of the 10th Annual Manufacturing Conference that was held in Laredo.  He noted that the Laredo Development Foundation is encouraging people to invest in our community.  He said that one of the things that continue to be very dynamic in all parts of the City is the diversification in business.  He added that retail is expanding and continuing to expand. He noted that the hotel sector has been fairly active.  He congratulated the Convention and Visitor’s Bureau for their efforts to promote Laredo.  He noted that the downtown area will flourish in the next four years by adding up to 500 new employees.  He continued to say that Laredo has the keys to a healthy workforce.  People are attracted to Laredo because they see the positive growth. 

           

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.

 

48.  Request for Executive Session pursuant to Texas Government Code § 551.071 (1)(A)

to discuss with City Attorney pending litigation, City of Laredo v. Leyendecker Properties, Ltd., Cause No. 2003EDA000001-C1, and return to open session for possible action.

 

Motion to go into Executive Session pursuant to Texas Government Code § 551.071 (1)(A) to discuss with City Attorney pending litigation, City of Laredo v. Leyendecker Properties, Ltd., Cause No. 2003EDA000001-C1, and return to open session for possible action.

 

Moved:  Cm.  E.  Valdez

Second:  Cm.  Agredano

For:     8                                        Against:  0                                Abstain:  0

 

Mayor Flores announced that no formal action was taken in Executive Session. 

 

49.  Request for Executive Session pursuant to Texas Government Code Section 551.074 to

evaluate the performance and pay of City Manager Larry Dovalina, and return to open session for possible action.

 

Motion to go into Executive Session pursuant to Texas Government Code Section 551.074 to evaluate the performance and pay of City Manager Larry Dovalina, and return to open session for possible action.

 

Moved:  Cm.  E.  Valdez

Second:  Cm.  Agredano

For:     8                                        Against:  0                                Abstain:  0

 

Mayor Flores announced that no formal action was taken in Executive Session. 

 

Motion to approve a 5.6% raise for Larry Dovalina.

 

Moved:  Cm.  E.  Valdez

Second:  Cm.  Agredano

For:     7                                        Against:  1                                Abstain:  0

                                                     Cm.  Ramirez

 

XV.      RECESS AND CONVENE AS THE LAREDO CITY COUNCIL AND CONVENE AS THE LAREDO CITY WATER LOCAL GOVERNMENT CORPORATION

 

            Motion to recess as City Council and convene as the City Water Local Government Corporation.

 

            Moved:  Mayor Pro Tempore Galo

            Second:  Cm.  Amaya

            For:     8                                               Against:  0                                Abstain:  0

 

50.  2003-RW-002 Authorizing the President of the Laredo City Water Local Government

Corporation (“LWC”) to execute a sixth amendment of the Advanced Authorization to Proceed (AATP) with MWH Americas, Inc., extending this agreement for one year for the purpose of completing the pre-verification and verification phases of a secondary water source of water.

 

Motion to approve.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Amaya

For:     8                                        Against:  0                                Abstain:  0

 

XVI.    RECESS AS THE LAREDO CITY WATER LOCAL GOVERNMENT             CORPORATION AND RECONVENE AS THE LAREDO CITY COUNCIL

 

Motion to adjourn as the Laredo City Water Local Government Corporation and reconvene as the Laredo City Council.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                                               Against:  0                                            Abstain:  0

 

XVII.   ADJOURNMENT

 

            Motion to adjourn.                                                                                            11:09 p.m.

 

            Moved:  Cm.  Valdez

            Second:  Cm.  Agredano

            For:     8                                               Against:  0                                            Abstain:  0

 

I, Gustavo Guevara, Jr., do hereby certify that the above and foregoing is a true and correct copy of the minutes contained in pages 01 to 29 are true, complete, and correct proceedings of the City Council meeting held on October 6, 2003.

 

 

 

                                                            __________________________

                                                            Gustavo Guevara, Jr.

                                                                        City Secretary