CITY OF LAREDO

CITY COUNCIL MEETING

M2004-R-017

CITY COUNCIL CHAMBERS

1110 HOUSTON STREET

LAREDO, TEXAS 78040

September 7, 2004

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,                                                                    Council Member, District I

            Hector Garcia,                                                                          Council Member, District II

            John C.  Galo,                                                                          Council Member, District III

            Johnny Amaya,                                                                         Mayor Pro Tem, District IV

            Johnny Rendon,                                                                        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

            Cynthia Collazo,                                                                       Deputy City Manager

            Jaime Flores,                                                                            City Attorney

IV.       MINUTES

 

            Approval of the minutes of July 6, 2004, July 19, 2004 & July 28, 2004.

 

            Motion to approve.

 

            Moved:  Cm.  Ramirez

            Second:  Mayor Pro Tempore Agredano

            For:     7                                               Against:  0                                            Abstain:  0

 

            Cm.  Agredano was not present.  He joined the City Council meeting at 6:30 p.m.

 

 

 

 

V.        COMMUNICATIONS AND RECOGNITIONS

 

            Announcements

 

            None.

 

            Invitations

 

            None.

 

            Recognitions

            a.  Recognition of Patricio Salinas, of City Manager’s Office -- Public Access Channel

                 Division, on his selection as August 2004 Employee of the Month.

 

Mayor Flores and City Council presented Patricio Salinas with a Certificate of Recognition for his selection as employee of the month.   Jerry Leal, Public Access Channel Manager, spoke on the achievements and accomplishments that led to Mr. Salinas’s selection as Employee of the Month.   He mentioned that Mr. Salinas is an audio visual technical assistant and has been with the City close to two years.  He stated that Mr. Salinas produced some programs that profiled different city departments explaining to the viewing public the various departments’ responsibilities.  He added that for his hard work, Mr. Salinas garnered a third place award from the Texas Association of Telecommunication Officers and Advisors in a statewide contest. 

 

b.  Presentation by Rene De La Viña, Texas State Teachers Association, regarding the

                 merits of civil service.

 

Rene de la Vina, stated that he wanted to talk about civil service and due process rights for City employees.   He came before City Council to address an important issue of safeguarding due process rights and job security for all employees.  He mentioned that there should also be a grievance committee set up to hear the complaints against City employees who are not meeting the department’s expectations as far as job performance goes. 

            c.  Presentation by Council Member Johnny Amaya, District IV, of 6 scholarship recipients:            Roberto Gamez, Jr., Martin H.S.; Jose Rene Villarreal, Nixon H.S., Ruben De Luna,                     Nixon H.S., Laura Galindo, Nixon H.S., Linda S. Palacios, Nixon H.S., and Sandra   

                 Gonzalez, Nixon H.S.  

 

                  Mayor Pro Tem Amaya stated that this brings the total of scholarship recipients to 26 students for a grand total of $13,000.00 during his term of office.  He presented Certificates of Recognition to the following students: 

 

                  Roberto Gamez, Jr.            Martin High School

                  Ruben De Luna                  Nixon High School

                  Jose Rene Villarreal            Nixon High School

                  Laura Galindo                     Nixon High School

                  Linda Palacios                    Nixon High School      

                  Sandra Gonzalez                 Nixon High School

 

            Communiqués

 

Cm. Belmares extended his thanks to the Public Works crew for the work done at Calle del Norte.  He also thanked Cynthia Collazo, Deputy City Manager, and the Engineering Department crew for their cooperation in getting the road ready and safe for motorists.  He stated that he hopes the news media will get the message out that the road is currently too dangerous to travel on.  He thanked Stacey Ybanez who is working with him on a truck parking issue.  He stated that she is a good citizen who has researched this matter well and is providing him with the information necessary for him to make a fair decision.  He thanked Police Chief Dovalina for all the work his department has done in stepping up patrol in north Laredo

 

Cm. Rendon congratulated Jose Flores, Airport Director, and his staff for working very diligently to bring in federal monies to improve our airport.  He mentioned that he has brought in well over $5,000,000.00 for improvements to our airport. 

 

Mayor Pro Tem Amaya stated that he distributed over 95 backpacks with school supplies in District IV to students from six elementary schools.  He mentioned that the students were selected according to their need by their respective schools:  Milton, Ryan, Buenos Aires, Tarver, Alma Pierce, and Tomas Sanchez elementary schools.  He thanked the Laredo Police Department and Laredo Fire Department for their assistance at this event.   He also thanked all the local businesses that contributed to this event, especially to Chris Garza from Wal-Mart.   

 

Cm. Galo invited all the Council to attend to the Border Trade Alliance meeting to be held in Mexico City on September 28th and 29th.  He stated that it concerns the U.S. Visit visa process.  He mentioned that the Border Trade Alliance has been instrumental in working with Sen. John Cornyn and the other senators in trying to get the extended period for the issuance of visas.  He invited the private sector to have a presence and to participate at these meetings.  He also spoke on the tragedy that took place in Russia recently.  He stated that two airplanes were bombed and many of the 355 fatalities were school children.  He urged everyone to be on our guard at all times on this fight against terrorism.

 

Cm. Garcia thanked Oscar Medina, Solid Waste Director, for his assistance at Ponderosa Hills subdivision with the distribution of trash cans for the collection of trash.  He thanked John Orfila, Public Works, for the cleanup efforts at Villa del Sol subdivision.   He also thanked Erasmo Villarreal, Community Development Director, and Roy Garcia, Code Enforcement Officer, for the cleanup efforts within District II.  He mentioned that the residents are very appreciative of the hard work they continue to do.

 

Mayor Flores announced that a 16” water line had collapsed over the weekend and some residents were left without water.  She stated that one of the things that she learned was that the line broke early in the day.  However, they could not shut off the water supply to make the repairs because there was a dialysis center involved and they had patients who needed to complete their treatments.  That is why the United Water crews could not go and make the repairs until 5:00 p.m. when the dialysis treatments were completed.  She thanked all the employees from United Water who were cognizant of the fact that these patients were dependent on the use of water at that particular time. 

 

  VI.     APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES

              

VII.     PUBLIC HEARINGS

 

1.  Public hearing and introductory ordinance amending the City of Laredo’s Subdivision

Ordinance, Appendix B of the Code of Ordinances, Chapter II, Section 2-3.2, entitled Subdivision Plat Submittal Requirements, by requiring a Conditional Letter of Map Revision (CLOMR) for final plats located within areas of special flood hazard, Section 2-3.7, entitled Plat Recordation, by requiring plats recorded in areas of special flood hazard to illustrate existing and proposed floodplain lines, and Section 2-4, entitled Performance Bonds, by including security in lieu of construction for properties within the floodplain where a map revision is proposed; providing for publication and effective date. The Planning and Zoning Commission has recommended approval of the proposed ordinance amendment.

 

Motion to open the public hearing.

 

Moved:  Cm.  Galo

Second:  Mayor Pro Tempore 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.  Valdez

For:      8                                         Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

2.  Public hearing and introductory ordinance granting to Proviron, Inc., and its successors,

or assigns, the easements, rights, privileges, and franchise to construct, lay, maintain, and operate pipelines and gas mains in, under, over, across, and along present and future streets, alleys, public thoroughfares and public grounds of the City of Laredo, and to use said properties for the purpose of transporting, distributing, and selling gas (natural, artificial or mixed) for all purposes for which gas is or may be used by the City and its inhabitants, and to any other person or persons; providing for the manner of acceptance of this franchise by Proviron, Inc., of the rights and privileges granted by this franchise; further fixing and  ordering rates to be charged by Proviron, Inc. to residential and commercial customers; providing for publication and effective date.

 

Motion to open the public hearing.

 

Moved:  Cm.  Garcia

Second:  Cm.  Galo

For:      8                                         Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Galo

Second:  Cm.  Garcia

For:      8                                         Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

3.  Public hearing and introductory ordinance amending the City of Laredo’s FY 2003-2004

General Fund annual budget to appropriate revenues and expenditures in the amount of $100,000.00 for attorney fees paid to De Anda Law Firm. Expenditures will only be incurred and disbursed if the revenue is collected by the Tax Department.

 

Motion to open the public hearing.

 

Moved:  Cm.  Galo

Second:  Cm.  Garcia

For:      8                                         Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Agredano

Second:  Cm.  Galo

For:      8                                         Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

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

$33,000.00 in contributions and amending the City of Laredo FY 2003 - 2004 Convention & Visitor’s Bureau Annual Budget by appropriating revenues of $33,000.00 in the form of a Miss Texas USA Gold Sponsorship from Wells Fargo Bank in the amount of $30,000.00 and a Miss Texas USA General Sponsorship contribution from H.E.B. in the amount of $3,000.00, and appropriating expenditures in the amount of $33,000.00 for Miss Texas USA expenses.

 

Motion to open the public hearing.

 

Moved:  Cm.  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.  Galo

Second:  Cm.  Agredano

For:      8                                         Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

5.  Public hearing and introductory ordinance authorizing the City Manager to execute a

budget amendment to amend the Transit Systems operating budget by decreasing the State operating grant contribution, State Project No. 51422F7053, for FY 2003-2004 from $1,000,000.00 to $783,869.00, and increasing the sales tax match for operating expenses from $3,923,492.00 to $4,139,623.00 and providing for grant funds to be deposited in the City of Laredo Transit Fund.  

 

Motion to open the public hearing.

 

Moved:  Cm.  Garcia

Second:  Mayor Pro Tempore Amaya

For:    8                                           Against:  0                                            Abstain:  0

 

Mr. William Kaehn, legislative representative for Local 1670 of United Transportation Union, stated that there was an issue discussed at one of the previous ad hoc committee meetings.   He added that five hearings were held across the state regarding the different scenarios proposed.  He stated that he would have wanted to persuade the Commission to rule on the scenario that would allow for a $1,000,000.00 contribution from the State. 

 

Rene Gonzalez, from the Laredo Development Foundation office, reported that they have been in communication with Mr. Robert Strauser, state legislative consultant.  He mentioned that he even had a letter from City Manager Larry Dovalina addressed to TxDOT requesting that the state use funding formulas that are not detrimental to growing Metro systems such as Laredo’s.  He added that the City has been working with the Congress asking that language be added to the new transportation reauthorization bill that would include ridership as well as population into the formula. This is an attempt to offset the level of damage any loss of state funding would have to our Metro system.  He also stated that he continues to maintain open communication with our federal legislative consultants and members of Congress on the new transportation reauthorization bill. 

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Galo

Second:  Cm.  Valdez

For:      8                                         Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

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

Annual Budget in the Capital Improvements Funds by appropriating revenues and expenditures in the amount of $40,000.00, which are being donated by Paul Young Properties, LTD., in order to fund the installation and activation of a traffic signal on U.S. Hwy. 59 at Casa Blanca Road and the entrance to Paul Young Auto Mall and authorizing the City Manager to implement said budget.  Total contribution from Paul Young Properties, LTD., for this project is $120,000.00.

 

Motion to open the public hearing.

 

Moved:  Cm.  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.  Valdez

For:      8                                         Against:  0                                            Abstain:  0

 

Ordinance Introduction:  Cm.  Garcia

 

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

Airport Construction Budget and Airport Operations Budget to recognize additional revenues received from the Federal Aviation Administration Airport Improvement Program for Grant Project No. 3-48-0136-42-04 in the amount of $5,449,747.00 for the purpose of rehabilitating Taxiways and for rehabilitating a portion of the west side apron at the Laredo International Airport and to recognize the local match of $286,829.00 from the Airport Operations, by which the transfer out and revenues will be appropriated on the Airport Operations Fund as a result of additional land sale revenues. Authorizing the City Manager to implement said budget amendment; providing for an effective date.

 

Motion to open the public hearing.

 

Moved:  Cm.  Garcia

Second:  Cm.  Galo

For:      8                                         Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce. 

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

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 appropriating revenues and expenditures in the amount of $25,000.00 in funds ($21,000.00 in grant funds and $4,000.00 in-kind) from the US-Mexico Border Health Commission in coordination with the Health Resources Services Administration (HRSA) for the Border Binational Health Week of the City of Laredo Health Department for the period beginning August 17, 2004, through November 30, 2004.

 

Motion to open the public hearing.

 

 Moved:  Cm.  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.  Galo

 Second:  Cm.  Agredano

 For:     8                                         Against:  0                                            Abstain:  0

 

 Ordinance Introduction:  City Council

 

9.   Public hearing and introductory ordinance amending the FY 2003-2004 Annual Budget

 for the South Texas Regional 911 System Fund by appropriating revenues and     

 expenditures in the amount of $14,977.00.  The Commission on State Emergency   

 Communication provided a subsequent allocation to the South Texas Region.  The City    

 of Laredo as Administrator designated the use of those funds for installing Mapped ALI   

 at the Webb County Sheriff’s Office Public Safety Answering Point (PSAP).

 

 Motion to open the public hearing.

 

 Moved:  Cm.  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.  Galo

 Second:  Cm.  Agredano

 For:     8                                         Against:  0                                            Abstain:  0

 

 Ordinance Introduction:  City Council

 

 10.   Public hearing and introductory ordinance amending the City of Laredo Code of

Ordinances as follows: Chapter 2, Article II, Division 6 (Pay Administration), Section 2-87.7 (12)(a), providing for a cost of living adjustment increase of 2.3%, except as otherwise stated in any collective bargaining agreement; providing for an effective date of September 26, 2004.

 

Motion to open the public hearing.

 

Moved:  Cm.  Galo

Second:  Mayor Pro Tempore Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

There was no public input.

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Galo

Second:  Cm.  Garcia

For:     8                                        Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

11.  Public hearing and introductory ordinance adopting a new health rate structure by

increasing all medical contribution amounts by five percent (5%) for the City of Laredo and for all persons covered under the City of Laredo’s Medical Plan unless otherwise provided in a collective bargaining agreement and providing for an effective date of October 1, 2004.

 

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.  Garcia

Second:  Mayor Pro Tem Amaya

For:    8                                         Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

12.  Public hearing and introductory ordinance amending the City of Laredo Fiscal Year

2003 - 2004 Health and Benefits Fund budget by appropriating revenues and expenditures in the amount of $1,200,000.00 respectively. The revenues are from insurance reimbursement from Stop Loss Carrier for medical claims paid by the city in excess of $100,000.00.  The expenditure line item for medical claims will be increased by the same amount.

 

Motion to open the public hearing.

 

Moved:  Cm.  Garcia

Second:  Mayor Pro Tem Amaya

For:    8                                         Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Galo

Second:  Mayor Pro Tem Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

13.  Public hearing for the adoption of a tax rate of $0.637000 per $100.00 value. The tax

rate will provide revenue for general fund and debt service. The rate includes $0.508677 per $100.00 value for Maintenance and Operation and $0.128323 per $100.00 value for the Interest and Sinking Fund of the Debt Service and will produce a tax levy of $43,209,681.00.

 

Motion to open the public hearing.

 

Moved:  Cm.  Garcia

Second:  Cm.  Valdez

For:     8                                        Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm. Valdez

Second:  Mayor Pro Tem Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

14.  Public hearing and adoption of Resolution No. 2004-R-092 adopting the 2005-2009

       Capital improvement Program for the City of Laredo.

 

Motion to open the public hearing.

 

Moved:  Cm.  Garcia

Second:  Mayor Pro Tempore Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

Motion to move the Water Park Project from 2009 to 2006.

 

Moved:  Cm. Ramirez

Second:

 

Motion dies for lack of a second. 

 

Motion to close the public hearing and approve the Resolution # 2004-R-092.

 

Moved:  Cm.  Belmares

Second:  Cm.  Valdez

For:     8                                        Against:  0                                            Abstain:  0

 

15.  Public hearing and introductory ordinance adopting the Annual Budget for Fiscal Year

2004-2005; appropriating the estimated revenues, expenditures and balances reported therein for the year beginning October 1, 2004 and ending September 30, 2005, consistent with the financial plan described in said Annual Budget; and authorizing the City Manager to implement said Annual Budget. 

 

Motion to open the public hearing.

 

Moved:  Cm.  Agredano

Second:  Mayor Pro Tem Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Garcia

Second:  Mayor Pro Tem Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

         

VIII.    INTRODUCTORY ORDINANCES

 

16.  Authorizing the City Manager to execute a lease with Webb County for approximately

2,378 square feet constituting Building No. 1228 located at 4704 Naranjo Street at the Laredo International Airport.  Lease term is for one (1) year commencing on August 1, 2004 and ending July 31, 2005 and may be extended for one (1) year ending July 31, 2006.  However, it is agreed by the parties that lease may be terminated by either party during the primary or extension term of this lease upon giving a ninety (90) written notice from the party terminating to the other.  Monthly rent shall be $1,725.00 and will be adjusted annually during the primary and extension term of this lease according to changes in the Consumer Price Index (CPI); providing for an effective date. 

 

Ordinance Introduction:  City Council

 

17.  Closing as a public easement a tract of land containing 0.04 acres (1,853 sq. ft.) more

or less, out of the 2900 block of Stone Avenue between Frost and Lyon Streets being adjacent to the East Boundary line of Lot 4, Block 678, Eastern Division of the City of Laredo, Webb County, Texas, said parcel of land is being encroached upon by the improvements of the abutting property as described on attached “Exhibit A” and authorizing the sale of the “Surface Only” of said parcel of land at the market value of $4,633.00 and authorizing the City Manager to execute all necessary documents to effectively convey fee simple title to Carlos E. Ramirez and providing for publication and effective date.

 

Ordinance Introduction:  City Council

 

18.  Designating as a one-way westbound the 700 Block of Eistetter Street, between Logan

Avenue and Ryan Street, and as a one-way southbound the 4200 Block of Logan Avenue, between Ryan Street and Eistetter Street, to be effective during the peak hours of 7:00 A.M. to 8:30 A.M. and 2:30 P.M. to 4:30 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 the specified hours and providing for publication and effective date.

 

Ordinance Introduction:  City Council

 

19.  Authorizing the City Manager to execute a lease agreement between the City of     

Laredo, as Lessor and Clemente M. Bedia, as Lessee for approximately 624.77 sq. ft. of building space to be used as a Woman, Infant and Children (W.I.C.) Food Store at the area commonly known as 2300 Saltillo, part of the Mario Tijerina Park site, for a term of one year at a monthly rental rate of $360.00 per month.

 

Ordinance Introduction:  City Council

 

20.  Authorizing the City Manager to execute a cattle grazing lease agreement with A/C

Cattle Co., Laredo, Texas, for approximately 220 acres of underdeveloped land located in Northwest Laredo in the Pinto Valle Area, next to the International Fire Training / Public Safety facility for cattle grazing. Lease term is for three (3) years commencing on October 1, 2004 and ending September 30, 2007, and may be extended for two (2) one year terms; the annual rent shall be $1,320.00; providing for an effective date.

 

Ordinance Introduction:  City Council

 

IX.       FINAL READING OF ORDINANCES 

 

Motion to waive the final readings of Ordinance # 2004-O- 190, # 2004-O-191, # 2004-O-192, # 2004-O-193, # 2004-O-194, # 2004-O-195, # 2004-O-196, # 2004-O-197, # 2004-O-198, # 2004-O-199, # 2004-O-200, # 2004-O-201, # 2004-O-202, # 2004-O-203, and # 2004-O-204.

 

            Moved:  Cm.  Agredano

            Second:  Mayor Pro Tempore Amaya

            For:     8                                               Against:  0                                            Abstain:  0 

21.  2004-O-190 Amending the Zoning Ordinance Map of the City of Laredo by rezoning

0.87 acres, as further described by metes and bounds in attached Exhibit “A”, located approximately at 4250 Hwy 359, from R-3 (Mixed Residential District) to B-3 (Community Business District); providing for publication and effective date. The Planning and Zoning Commission has recommended approval of the proposed zone change.

 

Motion to adopt Ordinance # 2004-O-190.

 

Moved:  Cm.  Garcia

Second:  Mayor Pro Tem Amaya

For:     8                               Against:  0                                Abstain:  0

 

                  2004-O-191  Amending the Zoning Ordinance Map of the City of Laredo by rezoning

   1.05 acres, as further described by metes and bounds in attached Exhibit

    “A”, located at 4250 Hwy 359, from R-3 (Mixed Residential District) to

    B-1 (Limited Commercial District); providing for publication and

    effective date. The Planning and Zoning Commission has recommended

    approval of the proposed zone change.

 

Motion to adopt Ordinance # 2004-O-191.

 

Moved:  Cm.  Garcia

Second:  Mayor Pro Tem Amaya

For:     8                               Against:  0                                Abstain:  0

 

      2004-O-192  Amending the Zoning Ordinance Map of the City of Laredo by rezoning

    Lot 11, Block 1328, Eastern Division, located at 2310 Boulanger Street,

    from B-3 (Community Business District) to R-2 (Multifamily Residential

    District); providing for publication and effective date. The Planning and

    Zoning Commission has recommended approval of the proposed zone

    change.

 

Motion to adopt Ordinance # 2004-O-192.

 

Moved:  Cm.  Garcia

Second:  Mayor Pro Tem Amaya

For:     8                               Against:  0                                Abstain:  0

 

2004-O-193  Amending the Zoning Ordinance Map of the City of Laredo by rezoning

10.20 acres, as further described by metes and bounds in attached Exhibit “A”, approximately northeast of the intersection of Calle Del Norte and Springfield Avenue, from AG (Agricultural District) to B-3 (Community Business District); providing for publication and effective date. The Planning and Zoning Commission has recommended approval of the proposed zone change.

 

Motion to adopt Ordinance # 2004-O-193.

 

Moved:  Cm.  Garcia

Second:  Mayor Pro Tem Amaya

For:     8                               Against:  0                                Abstain:  0

 

2004-O-194   Amending the Zoning Ordinance Map of the City of Laredo by rezoning

  Lot 4, Block 1127, Western Division, located at 2012 Farias Street, from  

  R- 3 (Mixed Residential District) to R-1A (Single-Family Reduced Area  

  District); providing for publication and effective date. The Planning and  

  Zoning Commission has recommended approval of the proposed zone  

  change.

 

 Motion to adopt Ordinance # 2004-O-194.

 

  Moved:  Cm.  Garcia

  Second:  Mayor Pro Tem Amaya

  For:     8                                 Against:  0                                Abstain:  0

 

               2004-O-195   Amending the City of Laredo Capital Improvement Project FY 2003-2004

 annual budget to reflect an appropriation for the development of the West   

 Laredo Multimodal Trade Corridor Phase II Project. The Federal  

 appropriation of $2,597,272.00 comes from the FY 2003 Federal  

 Transportation spending bill and the City’s contribution is $649,318.00. The  

 total project budget is $3,246,590.00.

 

 Motion to adopt Ordinance # 2004-O-195.

 

 Moved:  Cm.  Garcia

 Second:  Mayor Pro Tem Amaya

 For:     8                                  Against:  0                                Abstain:  0

 

 2004-O-196  Amending the City of Laredo Fiscal Year 2003-2004 Water and Colonias

Fund by appropriating a transfer of $132,550.00 from the Water Fund to the Colonias Fund, and amending the City of Laredo’s Colonias Fund budget by appropriating the transfer in from the Water Fund and the capital expense in the amount of $132,550.00, which will be used to pay for the over size of the Colonias Elevated Storage Tank from 250,000 gallons to 500,000 gallons in the SH 359 area, and authorizing the City Manager to implement said budgets.

 

Motion to adopt Ordinance # 2004-O-196.

 

Moved:  Cm.  Garcia

Second:  Mayor Pro Tem Amaya

For:     8                                   Against:  0                                Abstain:  0

 

  2004-O-197   Amending the City of Laredo FY 2003-2004 annual budget by appropriating

revenues and expenditures in the amount  of $336,184.00 in funds from the Texas Department of Health and an estimated amount of $116,656.00 in Program Income for the Office of Public Health Practice of the City of Laredo Health Department for the period beginning September 1, 2004, through August 31, 2005.

 

Motion to adopt Ordinance # 2004-O-197.

 

    Moved:  Cm.  Garcia

Second:  Mayor Pro Tem Amaya

For:     8                                   Against:  0                                Abstain:  0

 

 2004-O-198   Amending the City of Laredo Fiscal Year 2004 Capital Improvement Fund

budget by appropriating revenues and expenditures in the amount of $8,000.00 for the School Flasher/Beacon Program.  Revenues consist of contributions for United Independent School District (UISD) with a 50% match from the City.  Total project cost is $16,000.00.

 

Motion to adopt Ordinance # 2004-O-198.

 

 

 

Moved:  Cm.  Garcia

Second:  Mayor Pro Tem Amaya

For:     8                                   Against:  0                                Abstain:  0

 

2004-O-199    Authorizing the City Manager to accept and execute the Section 5307 Urban

Transportation Capital Investment Grant Agreement NO. TX-90-X624, state project NO. VCR 0401(22)624, contract NO. 51422F7192 from the Texas Department of Transportation in the amount of $610,300.00 with a local match of $322,592.00 for the purchase of three 35 ft. CNG buses for a grand total of $932,892.00; and to amend the Transit Capital Grant budget for a net amount of $102,350.00; and providing for grant/contract funds to be deposited in the City of Laredo Transit Fund.

 

Motion to adopt Ordinance # 2004-O-199.

 

Moved:  Cm.  Garcia

Second:  Mayor Pro Tem Amaya

For:     8                                   Against:  0                                Abstain:  0

 

 2004-O-200   Authorizing the City Manager to accept and execute the Federal Transit

   Administration Grant, Section 5307, TX-90-X644, in the amount of

$2,446,138.00 for fiscal year 2003-2004; and amend the Transit Systems

Operating budget by decreasing the Federal Transit Administration Operating Grant Contribution from $3,554,774.00 to $2,446,138.00 and increasing the sales tax match for operating expenses from $3,127,695.00 to $4,236,331.00; and providing for grant funds to be deposited in the City of Laredo Transit Fund.

 

Motion to adopt Ordinance # 2004-O-200.

 

Moved:  Cm.  Garcia

Second:  Mayor Pro Tem Amaya

For:     8                                   Against:  0                                Abstain:  0

 

2004-O-201   Authorizing the City Manager to execute a budget amendment by            

                       appropriating funds from the Federal Transit Administration Grant NO. TX  

                       90 X599, for fiscal year 2002-2003 in the amount of $312,839.00 to be used

                       for operating expenses in fiscal year 2003-2004; increasing the federal

                       contribution from $2,446,138.00 to $2,758,977.00 and decreasing the sales

                       tax match for operating expenses from $4,236,331.00 to $3,923,492.00 and  

                       transferring $312,839.00 into sales tax reserve appropriation.

 

            Motion to adopt Ordinance # 2004-O-201.

 

            Moved:  Cm.  Garcia

Second:  Mayor Pro Tem Amaya

                                    For:     8                                   Against:  0                                Abstain:  0

 

 2004-O-202   Authorizing the City Manager to execute a lease with Southwestern Bell Wireless, LLC, as general partner of the Corpus Christi SMSA Limited Partnership for ground space at the Fire Station located at 2100 Zacatecas, Laredo, Webb County, Texas, and being more fully described in Exhibit “A” of lease agreement to construct on such premises a 125 ft. high monopole   and related equipment building for use with its communications business. Term of the lease is five (5) years commencing September 7, 2004 and ending September 6, 2009 with four (4) successive renewal terms of five (5) years.  Annual base rent shall be $12,000.00 each year during the term of the lease and will be adjusted by four percent (4%) on each anniversary of the commencement date, providing for effective date.

 

Motion to adopt Ordinance # 2004-O-202.

 

Moved:  Cm.  Garcia

Second:  Mayor Pro Tem Amaya

For:     8                                   Against:  0                                Abstain:  0

 

  2004-O-203  Authorizing the City Manager to execute a lease renewal with United Exports Trading Association (U.E.T.A.) of Texas, Inc., for approximately 2,526 square feet out of Lot 10, Block 22, in the Western Division, City of Laredo, Webb County,  Texas, lying north of the concrete pavement connecting Salinas Street with Water Street:

1.  Lease term is for one (1) year commencing on June 1, 2004 and ending

     May 31, 2005.

2.  Monthly rent will be $1,000.00.

3.  City of Laredo may terminate this lease within thirty (30) days     prior

     written notice.  

 

Motion to adopt Ordinance # 2004-O-203.

 

Moved:  Cm.  Garcia

Second:  Mayor Pro Tem Amaya

For:     8                                   Against:  0                                Abstain:  0

 

  2004-O-204  Authorizing the City Manager to execute all necessary documents to effectively convey fee simple title to the “surface only”, at its market value of $11,318.00, for certain property described as a 4,353 sq. ft. tract of land, more or less, out of that former section of Buena Vista Avenue located east of Block 1006, Eastern Division, west of Block 1070, Eastern Division and south of South Meadow Avenue and north of Boulanger Avenue to Daniel Vargas and wife Mayela M. Vargas; said tract being situated in the Eastern Division, City of Laredo, Webb County, Texas being generally described on attached Exhibit “A”; and providing for an effective date.

 

            Motion to adopt Ordinance # 2004-O-204.

 

            Moved:  Cm.  Garcia

            Second:  Mayor Pro Tem Amaya

            For:     8                                   Against:  0                                Abstain:  0

 

X.        RESOLUTIONS

 

22.  2004-R-085  Accepting the assignment of 8.1 acre feet of municipal water rights from

the balance of 236.845 acre feet deeded to the City of Laredo by Vaquillas Ranch Company, Ltd. by applying 8.1 acre feet of municipal water rights for water availability charges in connection with the final plat of Concord Hills Phases VII, VIII, and IX.

 

Motion to approve Resolution # 2004-R-085.

 

Moved:  Cm.  Galo

Second:  Mayor Pro Tem Amaya

For:     8                               Against:  0                                Abstain:  0

23.  2004-R-086  Accepting the donation of one utility easement from Gustavo A.

Rodriguez, for the extension of utility services lines to the Laredo Ranchettes Subdivision. This being a strip of land 30 feet in width, containing 12,249.78 square feet or 0.28 of an acre, more or less, and being situated in porcion 32, abstract 296, City of Laredo, Webb County, Texas, and described by metes and bounds and survey attached as Exhibits A and B.

 

Motion to approve Resolution # 2004-R-086.

 

Moved:  Cm.  Galo

Second:  Mayor Pro Tem Amaya

For:     8                               Against:  0                                Abstain:  0

24.  2004-R-087  Accepting the donation of the “Surface Only” of a parcel of land from 4 V

Holdings, Ltd., a Texas Limited Partnership, for the extension of Ejido Avenue, South from Columbia Drive at Southgate Subdivision to Pita Mangana Road.  Said parcel of land being a strip of land generally 90.00 feet in width, containing 2.74 acres, more or less, and being situated in Porcion 35, Abstract 546, Webb County, Texas.

 

Motion to approve Resolution # 2004-R-087.

 

Moved:  Cm.  Galo

Second:  Mayor Pro Tem Amaya

For:     8                               Against:  0                                Abstain:  0

25.  2004-R-088  Accepting the donation of the “Surface Only” of a parcel of land from A

& W Real Estate I, Ltd., a Texas Limited Partnership, for the extension of Ejido Avenue, South from Columbia Drive at Southgate Subdivision to Pita Mangana Road.  Said parcel of land being a strip of land generally 90.00 feet in width, containing 3.35 acres, more or less, and being situated partly in Porcion 35, Abstract 546, and Survey 2386, Abstract 3264, Webb County, Texas.

 

Motion to approve Resolution # 2004-R-088.

 

Moved:  Cm.  Galo

Second:  Mayor Pro Tem Amaya

For:     8                               Against:  0                                Abstain:  0

26.  2004-R-089  Accepting the donation of the “Surface Only” of a parcel of land from

Wyers Family Trust, a Texas Trust, for the extension of Ejido Avenue, South from Columbia Drive at Southgate Subdivision to Pita Mangana Road.  Said parcel of land being a strip of land generally 90.00 feet in width, containing 1.83 acres, more or less, and being situated partly in Porcion 34, Abstract 762, Porcion 35, Abstract 546, and Survey 2386, Abstract 3264, Webb County, Texas.

 

Motion to approve Resolution # 2004-R-089 with amendment from 90.00 feet in width to 45.00 feet in width. 

 

Moved:  Cm.  Galo

Second:  Mayor Pro Tem Amaya

For:     8                               Against:  0                                Abstain:  0

27.  2004-R-090  Accepting the donation of the “Surface Only” of a parcel of land from

Laredo Cuatro Vientos, Ltd., a Texas Limited Partnership, for the extension of Ejido Avenue, South from Columbia Drive at Southgate Subdivision to Pita Mangana Road.  Said parcel of land being a strip of land generally 90.00 feet in width, containing 3.81 acres, more or less, and being situated partly in Porcion 36, Abstract 473, and partly in Survey 2149, Abstract 594, Webb County, Texas.

 

Motion to approve Resolution # 2004-R-090 with the amendment of changing the 90.00 square feet to 45.00 square feet.

 

Moved:  Cm.  Galo

Second:  Mayor Pro Tem Amaya

For:     8                               Against:  0                                Abstain:  0

28.  2004-R-091  A resolution of the City of Laredo, Texas, authorizing the South Texas

Aggregation Project, Inc. (STAP) to negotiate an electric supply agreement for deliveries of electricity effective January 1, 2005; authorizing the City to sign a contract with STAP for the City of Laredo’s 2005 electricity needs; and committing to budget for energy purchases in 2005 and to honor the City of Laredo’s commitments to purchase power for its electrical needs in 2005 through STAP.

 

Motion to approve Resolution # 2004-R-091.

 

Moved:  Cm.  Galo

Second:  Mayor Pro Tem Amaya

For:     8                               Against:  0                                Abstain:  0

 

XI.       MOTIONS

 

29.  Consideration to authorize the City Manager to renew the existing contract with RWL

Group Inc., and the City of Laredo for a period of twelve (12) months for the purpose of providing risk management with property & liability insurance consulting services and authorizing the City Manager to execute all retainer documents. The contract is to commence on October 1, 2004 and to conclude on September 30, 2005 for a cost of $16,200.00. Funding is subject to Fiscal Year 2004-2005 appropriations.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Mayor Pro Tem Amaya

For:     8                                        Against:  0                                            Abstain:  0

30.  Consideration to authorize the City Manager to renew the existing contract with RWL

Group Inc., and the City of Laredo for a period of twelve (12) months for the purpose of providing employee benefits services to the City of Laredo to commence on October 1, 2004 and to conclude on September 30, 2005 for a cost of $24,500.00. Funding is subject to Fiscal Year 2004-2005 appropriations.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Mayor Pro Tem Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

31.  Authorizing the City Manager to opt out of the Federal Health Insurance Portability and

Accountability Act of 1996 (HIPAA), effective October 1, 2004  through September 30, 2005, as a result of the city currently meeting or exceeding minimum HIPAA benefit provisions.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Mayor Pro Tem Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

32.  Motion to amend the proposed Fiscal Year 2005 Annual Budget by increasing General

Fund current tax revenue appropriation by $790,977.00 and expenditures in the amount of $230,259.00 to fund the City’s 2005 Municipal Contribution Rate of 14.91% for the Texas Municipal Retirement System. The difference of $560,718.00 will increase the proposed ending fund balance.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Mayor Pro Tem Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

33.  Authorizing the City Manager to continue negotiations with Proviron, Inc. through

January 31, 2005, or until such time as a new franchise ordinance becomes effective, whichever occurs sooner.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Abstain:  0

 

34.  Consideration for approval to award an engineering contract to Structural Engineering

Associates, Inc., San Antonio, Texas, for an amount not to exceed $143,428.44 for engineering investigation phase design and preparation of plans and specifications for the Rehabilitation of the Laredo Colombia International Bridge. Funding is available in the Bridge System–Testing Fees.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Abstain:  0

 

35.  Consideration for approval of final change order no. 5 a decrease of $46,215.42 for the

balance of quantities actually constructed in place and to add ten (10) calendar days to the construction contract time, acceptance of the Centro Iturbide Project – EDA Project No. 08-01-03534 and approval of final payment in the amount of $124,977.08 to Ramos Industries, Inc., Pasadena, Texas. Final contract amount is $1,152,609.26.  Funding is available in the Streets of Laredo Urban Mall Fund – Improvements Other Than Buildings.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Abstain:  0

 

36.  Consideration for approval of acceptance of the Sidewalk Construction Project to Cross

Under Lafayette Street East Side at Zacate Creek Bridge and approval of final payment in the amount of $15,186.00 to J. Solis Maintenance and Welding Services, Laredo, Texas. Final contract amount is $46,920.00.  Funding is available in the Capital Improvements Project Fund – Zacate Creek Linear Park Bridge.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Abstain:  0

 

37.  Consideration for approval of acceptance of the South Laredo Park (Phase II) and

approval of final payment in the amount of $8,147.09 to Larecon, Inc., Laredo, Texas.  Final contract amount is $81,470.90.  Funding is available in the 28th Action Year CDBG - South Laredo Park Phase II.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Abstain:  0

 

38.  Consideration for approval to award a construction contract to low bidder Puma

Builders, Inc., Laredo, Texas, in the amount of $1,415,969.00 for the Fire Station No. 14 – Cielito Subdivision. Funding is available in the 2003 CO Issue.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Abstain:  0

 

39.  Consideration for approval to award a construction contract to the low bidder Price

Construction, Ltd., Laredo, Texas, in the amount of $1,759,613.81 for the Laredo International Airport Reconstruction of Portions of Taxiways A and B – AIP Project No. 3-48-0136-01-04. Funding is available in the Airport Construction FAA Grant #41 – Improvement Other Than Buildings. 

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Abstain:  0

 

40.  Consideration for approval to reject the three bids received for the Santa Rita Park

Improvements – Phase I and authorize staff to re-bid the project. Funding is available in the Community Development Fund – 25th, 27th, and 28th Action Year - Santa Rita Park.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Mayor Pro Tempore Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

41.  Consideration to award individual contracts to the consulting firms named below for

intergovernmental, informational, and advocacy services to be provided to the City of Laredo for Fiscal Year 2004/2005, subject to future appropriation.

 

1.  Governmental Relations Inc., Washington, DC in the amount of $90,000.00 plus

     out-of pocket expenses not to exceed $5,000.00.

2.  Miller & Van Eaton, PLLC, Washington, DC in the amount of $63,000.00 plus

     out of pocket expenses not to exceed $10,575.00.

3.  Baker Botts, LLP, Austin, Texas in the amount of $65,500.00 plus out of pocket

     expenses not to exceed $5,000.00.

4.  Mario A. Martinez, Austin, Texas in the amount of $55,000.00 plus out of pocket

     expenses not to exceed $5,000.00

5.  McWilliams & Associates, Austin, Texas in the amount of $54,000.00.

                             Funding is available in the FY 2004/2005 General Fund. 

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Mayor Pro Tempore Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

42.  Consideration to award contract number FY04-123 to the sole bidder, Record Systems

LLC, San Antonio, Texas, in the amount of $60,000.00 for the purchase and installation of mezzanine shelving at the City’s records storage warehouse located at the Public Works Facility. Funding is available in the 2002-A Personal Property Finance Contractual Obligation Bond budget.

 

Moved:  Cm.  Galo

Second:  Mayor Pro Tempore Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

43.  Authorizing the City Manager to negotiate a professional services contract with Santa

Rita Consultants, Dallas, Texas for the development of a two way radio communication (800 Mhz trunking) system for the City of Laredo.  Funding for this contract is available in the Police Department budget.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Mayor Pro Tempore Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

44.  Authorizing the City Manager to accept a grant from the Texas Department of Health –

Office of Border Health for the Border Health Project of the City of Laredo Health Department in the amount of $20,000.00 for the period beginning July 1, 2004, through September 30, 2004. These funds are awarded specifically for the “Los Dos Laredos” Binational Health Conference that will be held on September 8-9, 2004, and have previously been appropriated.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Mayor Pro Tempore Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

45.  Authorizing the City Manager to consider a contract with Texas Health and Human

Services Commission for the Children’s Health Insurance Program (CHIP) Outreach Project of the City of Laredo Health Department for the period beginning September 1, 2004 through April 30, 2005. The projected amount for this project is $43,496.00.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Abstain:  0

 

46.  Ratifying the submittal of a grant proposal to the Robert Wood Johnson Foundation in

the amount of $49,999.00 for a “Tobacco Policy Change: A Collaborative for Healthier Communities and States Project” of the City of Laredo Health Department for the period beginning December 1, 2004, through November 30, 2005

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Abstain:  0

 

47.  Authorizing the City Manager to execute a contract for abstinence education entered

into with Texas Department of Health in the amount not to exceed $162,910.00 of which $70,000.00 are in-kind from the Laredo Independent School District for the Mi Futuro (My Future) Abstinence Education Program of the City of Laredo Health Department. This contract will begin on October 1, 2004 and extend through September 30, 2005.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Abstain:  0

 

48.  Authorizing the City Manager to prepare a service plan for the voluntary annexation of

eight (8) tracts of land totaling 1825.03 acres, more or less, as shown on Attachment “A”, in accordance with Section 43.052 of the Texas Local Government Code.

 

Motion to include a clause in the annexation agreement to prohibit non-conforming agricultural uses on the property. 

 

Moved:  Cm. Galo

Second:  Cm. Ramirez

For:    8                                         Against: 0                                             Abstain:  0

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Abstain:  0

 

49.  Consideration to authorize the City Manager to execute a contract with Graphitiks

Advertising Design, Inc., Laredo, Texas, who will design, produce, sell advertising and print the 2005 Laredo/Nuevo Laredo Official Visitors Guide. Graphitiks will print, at no cost to the City of Laredo, 130,000 copies of the guide which is a 76 – page full color magazine featuring “Los Dos Laredos”. The guide will be produced under the direction of the Laredo Convention & Visitors Bureau relative to style, design, and editorial content.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Abstain:  0

 

50.  Authorizing the City Manager to execute an amendment to the contract with the Laredo

Entertainment Center for hosting the 2004 Miss Texas USA Pageant and to increase the contract from $100,000.00 to $109,836.31 to cover the LEC final invoice total. Funding is available in the FY 2003 – 2004 CVB Budget - Miss Texas Division.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Abstain:  0

 

51.  Refund of property tax in the amount of $25,488.34 to the following taxpayers and

       companies:

1.  A refund in the amount of $806.18 payable to Falcon National Bank due to an

     overpayment. Account # 103-00135-081.

2.  A refund in the amount of $ 622.12 payable to Border Title Group due to an

     overpayment. Account # 445-01097-070.

3.  A refund in the amount of $779.94 payable to Universal Health Services due to

     an overpayment. Account # 328-00223-311.

4.  A refund in the amount of $1,374.50 payable to International Bank of Commerce

     due to a double payment. Account # 557-01668-010.

5.  A refund in the amount of $1,726.20 payable to Dr. Carlos Vela Jr. & Ernestina

     C. Vela due to a double payment. Account # 900-90231-148.       

6.  A refund in the amount of $592.15 payable to Cayetano Santos due to a double      

     payment. Account # 968-20010-080.

7.  A refund in the amount of $3,331.21 payable to The Texas Mexican Railways

     due to three double payments. Account # 945-00851-402.

8.  A refund in the amount of $2,745.31 payable to Wells Fargo Home Mortgage

     due to a double payment. Account # 976-10005-010.

9.  A refund in the amount of $568.85 payable to Oscar Medina due to a double

     payment. Account # 965-60001-004.

10.  A refund in the amount of $1,167.41 payable to First American Real Estate Tax

       Service due to a double payment. Account # 900-90281-172.

11.  A refund in the amount of $1,195.02 payable to Wells Fargo Home Mortgage

       due to a double payment. Account # 945-00771-346.

12.  A refund in the amount of $577.32 payable to International Bank of Commerce

       due to a double payment. Account # 969-00003-340.

13.  A refund in the amount of $922.27 payable to Gonzalo P. & Susana Farias due

       to a double payment. Account # 969-30003-310.

14.  A refund in the amount of $740.52 payable to Nancy & Julio C. Llanes due to a

       double payment. Account # 980-40001-030.

15.  A refund in the amount of $524.98 payable to Commerce Bank due to a   

decrease in value certified by the Webb County Appraisal Review Board. Account # 800-03000-792.

16.  A refund in the amount of $1,132.25 payable to International Bank of

Commerce due to a decrease in value certified by the Webb County Appraisal Review Board. Account # 800-05096-022.

17.  A refund in the amount of $701.54 payable to International Bank of Commerce

due to a decrease in value certified by the Webb County Appraisal Review Board.

18.  A refund in the amount of $3,599.07 payable to Commerce Bank due to a

decrease in value certified by the Webb County Appraisal Review Board. Account # 801-04000-701.

19.  A refund in the amount of $1,101.50 payable to Commerce Bank due to a

decrease in value certified by the Webb County Appraisal Review Board. Account # 800-14022-100.

20.  A refund in the amount of $1,280.00 payable to Commerce Bank due to a

decrease in value certified by the Webb County Appraisal Review Board.  Account # 801-14022-101.

 

       Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Abstain:  0

 

52.  A motion to set date of September 20, 2004 to introduce an ordinance for the adoption

of a tax rate of $0.637000 per $100.00 value. The tax rate will provide revenue for the general fund and debt service. The rate includes $0.508677 per $100.00 value for Maintenance and Operation and $0.128323 per $100.00 value for the Interest and Sinking Fund of the Debt Service and will produce a tax levy of $43,209,681.00.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Abstain:  0

 

53.  Consideration to award annual contract FY04-107, to the low bidder, JJJ International

& Safety Inc., Laredo, Texas, in an estimated amount of $124,862.50, for providing traffic marking paint for the Traffic Department – Safety Division and the Airport Department. Funding will be available in the Traffic Safety and Airport – Grounds Maintenance budget.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Abstain:  0

 

54.  Consideration to amend a contract with Foster Engineering, Co., Laredo, Texas for

$36,200.00 to include additional surveying services required to acquire easements for water and wastewater lines at Old Milwaukee, and additional engineering and survey services related to the relocation and redesign of the lift station at Pueblo Nuevo. The amendment brings the total contract amount to $436,000.00. Funding is available in the Project Engineer Fees Account. 

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Abstain:  0

 

XII.     STAFF REPORTS

 

55.  A.  Report by Roberto Murillo, Traffic Safety Director, regarding traffic circulation in

             the San Agustin Plaza area, with possible action.

 

 This item was discussed under Cm. Ramirez’s discussion item 56.B.2. 

           

XIII.    GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS

 

56.  A.  Request by Council Member Gene Belmares

 

1.  Discussion with possible action regarding channel improvements on creek at

     Martingale.

 

Cm. Belmares mentioned that this item has been brought to council before and it is an issue where the developer has a Letter of Credit and he has not done the improvements.  The residents continue to have problems with the channel and they would like to see this done.

 

Rogelio Rivera, City Engineer, stated that this development was approved in 1999.  The developer has been renewing the Letter of Credit and he is cognizant of the work that needs to be done.   However, he has opted not to complete the project but would rather continue renewing his Letter of Credit.  He stated that the City cannot go in there and do the developer’s work. 

 

Cm. Belmares instructed the City Manager to begin looking at amending the ordinance to incorporate the items that Cm. Galo spoke about concerning the length of time or the number of renewals allowed on the Letters of Credit. 

 

2.   Discussion with possible action regarding solicitation ordinance, more

      particularly, bucket brigades.

 

Cm. Belmares stated that this is the third time that this item has been brought before City Council.  He mentioned that the problem of the bucket brigades has just escalated.  He added that the people are out on the streets rather than on the curbs or islands, they do not wear their vests and they are out on the streets   without adult supervision. 

 

Larry Dovalina, City Manager, stated that at one time City Council was asked to do a complete ban on this practice.  He added that it would be easier for city staff to do enforcement if there was a complete ban rather than to selectively enforce the ordinance based on the group that is out there.

 

Rudy Ochoa, President of the Firefighters Association, stated that the members do go out to the streets and collect money for the Muscular Dystrophy Association.  He mentioned that Laredo did contribute a lot of money to the MDA and three-fourths of that money stays here in Laredo.  He added that he would hope that the City Council would not ban the bucket brigade solicitation. 

 

Jaime Flores, City Attorney, stated that a possible solution might be to specify in the ordinance that they can only collect from the curb or island in order to ensure the safety of the people collecting the money.  He concluded that if the City would eliminate them from going onto the street that, in turn, would eliminate the safety hazard. 

 

Larry Dovalina, City Manager, suggested that staff be permitted to bring some options for the City Council to consider.   

 

Police Chief Agustin Dovalina explained that there is a procedure in place for organizations that want to do solicitations.  He stated that the department has a registration procedure and the organizations are supposed to come in to the police department within 7 days before they are planning to do the bucket brigade event and they are required to file a financial statement afterwards. He added that the department is trying to keep within the confines of the enforcement section of this ordinance. 

 

                  B.  Request by Council Member Juan Ramirez

 

1.  Discussion with possible action regarding establishing Police Officer presence on

     Bridges I and II, southbound.

 

Cm. Ramirez stated that there were some people taken hostage recently at the bridge.   There was also a different report of some trucks stolen in Laredo and they were crossed into Nuevo Laredo.   He would like the presence of the local police by Bridges I and II to deter this kind of criminal activity.

 

Chief Agustin Dovalina stated that they do have a presence at both international bridges.  He stated that they work in conjunction with U. S. Customs under the plan initiative “Operation Cooperation” and they man both southbound and northbound traffic from Bridge I and Bridge II at different times of the day.  

 

 

2.  Discussion with possible action regarding traffic situation at San Agustin Plaza

     area.

 

Cm. Ramirez mentioned that a traffic study has already been completed and the City still has not done anything about it.  He stated that this past weekend, San Agustin Cathedral had a jamaica and La Posada Hotel had a lot of traffic as well.  He would like to change the circulation of traffic so motorists can move out quickly from that area. 

 

Roberto Murillo, Traffic Director, reported that in 2001 Cm. Ramirez brought up the issue of congestion with the traffic circulation around the plaza.  He stated  that he did drive around San Agustin Plaza one Friday afternoon at 4:30 p.m. and he did notice the traffic jam that is produced as motorists are trying to get unto Grant Street.  Shortly after that issue was addressed, a consultant was hired to conduct a traffic study of the area and a presentation was made before Council.  He stated that the study evaluated not only the traffic around the plaza but also in different sections of the downtown area.  The findings of the study identified the busy traffic flows and mentioned that the intersections were operating at a good level of service.  He stated that one alternative that the consultant provided requires that the City change the one-way designation not only on Grant Street but the entire area around San Agustin Plaza.  He explained that the consultants had recommended back then to change the direction of traffic flow on Zaragoza Street to move east to west.  However, he explained that that would require a lot of manpower and he does not feel that it would be a safe situation to do that. 

 

The following are the proposed alternatives by the consultant and the traffic department:

 

Alternative 1: (from consultant)

 

 --  Grant Street, San Agustin Avenue, Zaragoza Street, and Flores Avenue one-way reversals.

 

This alternative reduces traffic conflicts at the intersections; requires many signage and traffic signal changes; San Agustin St. closure impedes traffic circulation around the plaza. 

 

Alternative 2:  (from staff)

 

--  Grant Street (Flores Avenue to Convent Avenue) one-way reversal

 

--  Flores Avenue (southbound) prohibit right turns and force all traffic in the eastbound direction.

 

--  Flores Avenue (northbound) allow left and right turns

 

This alternative would require the removal of a taxicab stand, one loading zone, sixteen parking meters and the adjustment of one loading zone. 

 

Alternative 3:  (from staff)

 

-- Grant Street (Flores Avenue to Convent Avenue) one-way reversal

 

-- Grant Street (Flores Avenue to San Agustin Avenue) convert from one-way to two-way

 

--  Flores Avenue (southbound) allow left turns and right turns

 

--  Flores Avenue (northbound) prohibit left turns onto Grant Street

 

This alternative would require the removal of one taxicab stand, two loading zones and eighteen parking meters. 

 

Roberto Murillo, Traffic Director, stated that the best alternative to follow is Alternative #2.  It provides the best improvement to the overall traffic circulation in the San Agustin area; it will have minimum effect to the traffic circulation during closure of San Agustin Street due to special events; it will have a marginal change on existing traffic patterns.   The estimated cost for this alternative is $20,500.00 which does not include the loss of parking meter revenue. 

 

Motion to instruct staff to commit $10,000.00 from District VIII discretionary funds; $5,000.00 from District VI discretionary funds; and the difference of $5,500.00 from District III Discretionary funds for Alternative #2.

 

Moved:  Cm. Ramirez

Second:  Cm. Belmares

For:   8                                           Against:  0                                Abstain:  0

 

3.  Discussion with possible action regarding establishing civil service for various

     city departments.

 

Cm. Ramirez stated that some employees are somewhat fearful of the security of their continued employment with the City.  They are worried about losing their jobs and he wants to make sure that all City employees are working in a positive environment. 

 

Motion to instruct the City Manager to look into the current situation within the City in regards to establishing a civil service designation for all eligible departments within the City. 

 

Moved:  Cm. Ramirez

Second:  Cm. Galo

For:   7                                           Against:  0                                Abstain:  0

Cm. Agredano was not present. 

 

John Castro, with Students in Democratic Action, distributed copies of the Students in Democratic Action’s draft of the civil service system plan.  He wanted to express to the City Council that the group would like to have this draft serve as a building block for consideration by City Council.  He stated that he would like to remove the ban on City employees which prevents them from participating in a civil service system.  He added that this is crucial in order to offer all City employees job protection.

 

Carlos Blanco, Jr., with Students in Democratic Action, summarized a number of actions such as reprisals and harassment practices that he believes have taken place within some departments.   

 

Jerry Storms, union representative, stated that he has learned the value of city employees.  He mentioned that there is a lot of frustration among certain City employees and he feels that civil service will assist in bringing that frustration to an end.  He wants to develop a working relationship with the City and attempt to solve the problems together. 

 

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.

 

57.  Request for Executive Session pursuant to Texas Government Code Section 551.072 in

order to deliberate the possible purchase, lease or value of a parcel of land in the downtown area 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, and direction to staff.

 

Motion to go into Executive Session pursuant to Texas Government Code Section 551.072 in order to deliberate the possible purchase, lease or value of a parcel of land in the downtown area 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, and direction to staff.

 

Moved:  Cm.  Agredano

Second:  Mayor Pro Tempore Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

After the Executive Session the Mayor announced that no formal action was taken.

 

Motion to authorize the City Manager to acquire lot three (3) in block 276 A Western Division as part of the El Portal Project in an amount not to exceed $375,000 plus incidental expenses. 

 

Moved:  Cm.  Ramirez

Second:  Cm.  Rendon

For:     8                                        Against:  0                                            Abstain:  0

 

58.  Request for Executive Session pursuant to Texas Government Code Section 551.072 in

order to deliberate the possible purchase, lease or value of a parcel of land known as the former Travel Information Center located at the intersection of IH 35 and Shiloh Drive, 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, and direction to staff.

 

Motion to go into Executive Session pursuant to Texas Government Code Section 551.072 in order to deliberate the possible purchase, lease or value of a parcel of land known as the former Travel Information Center located at the intersection of IH 35 and Shiloh Drive, 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, and direction to staff.

 

Moved:  Cm.  Agredano

Second:  Mayor Pro Tem Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

After the Executive Session the Mayor announced that no formal action was taken.

 

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

consult with City Attorney regarding pending litigation, The Laredo Independent School District vs. The City of Laredo, Texas, Cause No. 2004CVQ000747-D3, in the District Court 341st Judicial District Webb County, Texas, and Laredo Independent School District Public Facility Corporation and Laredo Independent School District v. City of Laredo, Texas, Gregg Abbott, Attorney General Of The State Of Texas; All Taxpayer, Property Owners And Residents Of Laredo Independent School District ; All Others Having Or Claiming Any Right, Title, Or Interest In Any Property or Funds to be affected in any way by the proceedings involving the issuance of  the Laredo Independent School District Public Facility Corporation Lease Revenues Bonds, Series 2004c, including all actions and expenditures of funds taken or made in connection therewith, Cause No. 2004CVQ001147-D2, in the District Court 111th Judicial District Webb County, Texas, and return to open session for possible action.

 

Motion to go into Executive Session pursuant to Texas Government Code 551.071 (1) (A) to consult with City Attorney regarding pending litigation, The Laredo Independent School District vs. The City of Laredo, Texas, Cause No. 2004CVQ000747-D3, in the District Court 341st Judicial District Webb County, Texas, and Laredo Independent School District Public Facility Corporation and Laredo Independent School District v. City of Laredo, Texas, Gregg Abbott, Attorney General Of The State Of Texas; All Taxpayer, Property Owners And Residents Of Laredo Independent School District ; All Others Having Or Claiming Any Right, Title, Or Interest In Any Property or Funds to be affected in any way by the proceedings involving the issuance of  the Laredo Independent School District Public Facility Corporation Lease Revenues Bonds, Series 2004c, including all actions and expenditures of funds taken or made in connection therewith, Cause No. 2004CVQ001147-D2, in the District Court 111th Judicial District Webb County, Texas, and return to open session for possible action.

 

Moved:  Cm.  Agredano

Second:  Cm.  Galo

For:     8                                        Against:  0                                            Abstain:  0

After the Executive Session the Mayor announced that no formal action was taken.

 

Motion to approve the proposed settlement negotiated between the attorneys for the parties in Cause No.  2004CVQ000747-D3 in the 341st District Court, styled Laredo Independent School District versus City of Laredo; and (2) authorizing the City Attorney to settle the said case on the basis of that settlement agreement; and (3) directing the City Attorney thereafter to promptly submit the necessary ordinance or ordinances required by City Charter to authorize the conveyances of the blocks and street sections set forth in the settlement agreement. 

 

Moved:  Mayor Pro Tempore Amaya

Second:  Cm.  Galo

For:     8                                        Against:  0                                            Abstain:  0

 

XV.      RECESS AND CONVENE AS THE LAREDO MUNICIPAL HOUSING CORPORATION

 

            None.

 

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

 

            Motion to recess as the Laredo City Council and convene as the Laredo Mass Transit Board.

 

            Moved:  Cm.  Galo

            Second:  Cm.  Agredano

            For:     8                                               Against:  0                                            Abstain:  0

 

60.  Consideration for approval to award an engineering contract to Huitt-Zollars, Inc., Fort

Worth, Texas, for an amount not to exceed $205,700.00 for Phase “A” of the Project to include Program Development, Site Selection, Environmental Assessment, and Schematic Design for the El Metro New Operational Building. Funding is available in the Transit Capital Grant #456 - Project Engineer Fees.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Abstain:  0

 

XVII.      ADJOURN AS THE LAREDO MASS TRANSIT BOARD AND RECONVENE AS THE LAREDO CITY COUNCIL

           

Motion to adjourn as the Laredo Mass Transit Board and reconvene as the Laredo City Council.

 

            Moved:  Cm.  Galo

            Second:  Cm.  Agredano

            For:     8                                               Against:  0                                            Abstain:  0

 

XVIII.   ADJOURNMENT

 

            Motion to adjourn.                                                                                Time:  8:56 p.m.

 

            Moved:  Cm.  Galo

            Second:  Cm.  J.  Valdez

            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 to 33 and they are true, complete, and correct proceedings of the City Council meeting held on September 7, 2004.

 

 

 

                                                                        ____________________________________

                                                                        Gustavo Guevara, Jr.

                               City Secretary