CITY OF LAREDO

CITY COUNCIL MEETING

M2004-R-23

CITY COUNCIL CHAMBERS

1110 HOUSTON STREET

LAREDO, TEXAS 78040

December 20, 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 Elizabeth G.  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

            Larry Dovalina,                                                                         City Manager

            Valeria Acevedo,                                                                      Assistant City Attorney

           

IV.       MINUTES

 

Approval of the minutes of October 25, 2004 and December 7, 2004.

 

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 Irma A. Gonzalez, of the Laredo Public Library, on her selection as City

     of Laredo 2004 Employee of the Year.

 

Janice Weber, Library Director, stated that Irma A. Gonzalez is the premier employee at the public library.  She always has a positive word of encouragement for her staff to do a tremendous job.  She added that Ms. Gonzalez is well deserving of the recognition and the department is very proud of her.

 

b.  Recognition of the 2004 Texas Certified Public Manager (CPM) Program City

     Employee graduates for their successful completion of the program.

 

Larry Dovalina, City Manager, stated that this program provides an opportunity to city employees, through a course that is funded by the city, to complete a program that provides the assets and resources necessary to continue to improve their skills.   He introduced those employees who have successfully completed and benefited from this program:

 

Alfredo Gutierrez                                        Parks and Recreation Department

Samuel Hinojosa                                         Parks and Recreation Department

Steve Landin                                              Fire Department

Jose Angel Lopez, III                                 Airport

John Orfila                                                  Engineering/Public Works Department

John Porter                                                 Environmental Services Department

Bertha Rivera                                             Bridge

Karla Robles                                              Community Development

Alejandra Santana                                      Tax Department

Mike Pescador                                           Parks and Recreation Department

Veronica Urbano                                        Internal Audit

Jose Villarreal                                             Police Department

Guillermo Walls                                          Health Department

Jerry Elizondo                                             Administrative Services Department

Thelma Acosta                                           City Manager’s Office

Martin Aleman                                            Budget

Sylvia Arellano                                           Health Department

Roberto Arredondo                                    Airport

Martha Bernal                                            Planning and Zoning Department

Cesar Guerra                                              Finance Department

Dora Maldonado                                        Tax Department

Adrian Montemayor                                   Utilities Department

Rosario Morales                                         Health Department

Pedro Paredes                                            Traffic Safety Department

Rene Ramos                                               City Manager’s Office

Santos Reyes                                              Engineering Department

Anita Stanley                                              Parks and Recreation department

 

c.  Recognizing Paramedics Ricardo S. Treviño, Roger Sherwood, Ricardo Oliva and

Firefighter Albert Salazar for their heroic efforts in saving the life of a young child on October 31, 2004.

 

Fire Chief Luis Sosa commended Fire Captain Mendiola and his crew:  Roger Sherwood, Albert Salazar, Ricky Trevino, and Ricky Oliva for a job well done.  He stated that the actions of this crew are being recognized for saving a young child’s life.  He reported that the call was received on October 31st at 23:20 p.m. to proceed to 2420 Quail Road.  As the unit was about the take off, a pickup truck parked in front of the unit.  He stated that a mother with an unconscious child got off the truck and handed the child to the paramedics.  The paramedics were able to dislodge a large gumball from the child’s throat and proceeded to do CPR.  He mentioned that the actions exhibited by the paramedics were very timely and professional.  At no time did they allow the panic mood to set in.  He noted that this is the act of saving a life during intense, stressful conditions.  En route to the hospital, the child began to show signs of improvement and the child regained consciousness at the hospital.   He congratulated the crew for a job well done and for living up to the department’s motto “Ready for Duty”.  

 

Mayor Flores presented the Fire Department crew with medals of recognition for the professional job they do for the community. 

 

d.  Recognition of Dr. Rosa Maria Vida for eight years of service to the Laredo Commission

     for Women.

 

Mayor Flores and City Council publicly recognized Dr. Vida for her eight years of service to the Laredo Commission for Women and presented her with a Seven Flags Certificate. 

 

Communiqués

 

a.   Presentation by Diana Ortiz, Chair, regarding Alexander High School Band's "Bulldogs

      on Broadway" participation in the 2005 Macy's Thanksgiving parade.

 

Diana Ortiz, Chair, expressed her appreciation to the City Council for the opportunity being given to the Alexander High School band and talked about their upcoming plans to attend the Macy’s Thanksgiving Day Parade in New York City.  She introduced Mr. Tony Ruiz, Co-Chair; Band Booster Club President, Adriana Lugo; and Head Band Director Mr. Robert Duran.  She added that the Alexander High School Band has been the only school in Texas that has been selected and is also one of ten high school bands selected from the entire country.   She reported that they are working on sending over 250 students to the parade along with 50 chaperones.  They are working hard on raising over $300,000.00 between now and November, 2005.   She presented a token on appreciation to Mayor Flores and City Council for the generous $1,000.00 donation made to fund the trip to the Macy’s Thanksgiving Day parade. 

 

Cm. Agredano extended holiday greetings to everyone especially to all those men and women serving our country around the world.  He mentioned that his brother, Carlos, is one of those soldiers called to serve in Iraq a few weeks ago.  He wished his family a very Merry Christmas and a Happy New Year.

 

Cm. Garcia thanked Chief Agustin Dovalina and City Manager’s staff for attending a district meeting at Villa del Sol subdivision.  He added that approximately 25 residents attended said meeting and there was good discussion during the meeting.  He also thanked Martha Salinas, Town East Subdivision, who invited him to a neighborhood posada last night.   He extended happy holiday greetings to all the people of Laredo.

 

Cm. Galo wished everyone in Laredo, city staff, and his colleagues warm holiday greetings.  He stated that Laredo has had another prosperous year and he thanked all city staff for their hard work and dedication throughout the year and all the citizens for their support in the City’s endeavors to help make these projects work.

 

Mayor Pro Tem Amaya thanked the Public Works and Engineering Department crews for the great work being done on the drainage ditch on Jefferson Street.  He also thanked the United Water, Public Works, and Engineering Department crews for the great paving job being done on Bartlett Street.   He further mentioned there was a toy giveaway for needy children in District IV last Saturday.  He thanked George Beckelhymer, the Laredo Police Department, the Laredo Fire Department, and the Special Projects Committee members for their assistance at the toy giveaway.  He stated that this year they distributed toys to 200 children in District IV.

 

Cm. Rendon thanked the Mayor and City Council for their direction and support which helps to makes his job easier.  He also thanked city staff and the department directors for their contributions and support.  He further thanked the members he has named to all the different advisory committees and he thanked his wife and family for their unending support throughout the year.  He also sent holiday greetings to all the constituents of District V and wished everyone a Merry Christmas and a Happy New Year.

 

Cm. Belmares wished everyone a Merry Christmas and a Happy New Year.  He also showed his appreciation to city staff and members of the city departments.  He stated that he commends everyone for the exceptional work done this year.  He also thanked his committee members for their hard work at the committee meetings.  He thanked his wife for her complete, infinite support of his work in District VI. 

 

Cm. J. Valdez, Jr. thanked all the city departments for the hard work they do for the community throughout the year.  He also thanked his wife and family for the support they provide year round.  He mentioned that last Friday there was a meeting of the Metro Planning Organization and they voted on some issues of importance to his district.  He explained that one item of discussion focused on a safety concern through the hazardous elimination safety program.  He added that TxDOT recognizes hazards throughout the state and he was pleased to see that this safety issue was approved at the state level.  He thanked the members of the committee for voting the way that they did on this important safety concern.  He extended holiday greetings to everyone in Laredo.

 

Cm. Ramirez thanked everyone for this past year along with city staff and city employees that work during the holidays.  He wished everyone a Merry Christmas and a Happy New Year.

 

Mayor Flores extended warm holiday wishes to everyone.  She stated that this meeting is very important because symbolically the Council sees it as the end of a very successful year.  She added that she and the Council Members have done their job proudly and done it with the support and leadership of a great administration and staff.  She stated that the citizens as a whole have moved Laredo forward.  The most important thing is to remain positive and see the people that are working and give them hope that by working harder they will see change take place.  She stated that they will always try to do the best thing for the City of Laredo and its people.  She mentioned that this is the mission not only as City Council members and Mayor but also as citizens of this great community because they have a long term interest in making this community a better place to live.  She thanked Chief Dovalina and Chief Sosa, the people who have made the city a cleaner city, all those who worked on the green space ordinance, and all the other committee members for their contributions.  She stated that at tonight’s meeting, they are going to recognize some special people in the community.  However, she pointed out that there are some heroes that may go unrecognized during the year.  Nevertheless, she wanted to thank everyone for their leadership and positive attitude for helping to move Laredo forward. 

 

VI.       APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES

 

a.  Appointment by Council Member Gene Belmares of Jimmy Deliganis to the Tree

     Advisory Board.

 

     Motion to approve the appointment by Cm  Belmares of Jimmy Deliganis to the Tree

     Advisory Board.

 

     Moved:  Cm. Galo  

     Second:  Mayor Pro Tem Amaya

     For:     8                                          Against:  0                                            Abstain:  0

 

b.  Appointment by Council Member John Galo of Bebe Zuniga to the Board of Adjustment

     to replace Ray Gonzalez who has submitted his letter of resignation.

 

     Motion to approve the appointment by Cm.  Galo of Bebe Zuniga to the Board of

     Adjustment to replace Ray Gonzalez.

 

     Moved:  Cm. J. Valdez, Jr.

     Second:  Cm. Rendon

     For:     8                                          Against:  0                                            Abstain:  0

     Cm. Agredano left at 6:35 p.m.

 

VII.     PUBLIC HEARINGS

 

1.  Public hearing allowing interested persons to comment on the proposed amendment to

the 2004 Consolidated One -Year Action Plan by reprogramming a total of $200,000.00 of 30th Action Year (AY) 2004 Community Development Grant (CDBG) funds by reducing the amount of funding for the Acquisition & Relocation project along Monterrey Avenue, from $500,000.00 to $300,000.00, and utilizing the difference of $200,000.00 to allow for the design of the Slaughter Park in South Laredo. Also providing an opportunity to comment on the proposed amendment of the 2003 Consolidated One-Year Action Plan by reprogramming a total of $249,824.00 of the 29th AY 2003 CDBG  funds by canceling the San Salvador Neighborhood Park project and utilizing the $249,824.00 to create a new activity, the Dryden Park Improvement project.

 

Motion to open the public hearing.

 

Moved:  Cm. Galo 

Second:  Mayor Pro Tem Amaya

For:     7                                          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:     7                                          Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

                       

2.  Public hearing and introductory ordinance amending the Zoning Ordinance Map of the

City of Laredo by rezoning 2.42 acres, as further described by metes and bounds in attached Exhibit A, located approximately south of Masterson Road and east of Santa Fe Subdivision, from AG (Agricultural District) to R-1MH (Single Family Manufactured Housing District); providing for publication and effective date.  The Planning and Zoning Commission has recommended denial of the proposed zone change and further recommended the applicant apply for a Conditional Use Permit.

 

Motion to open the public hearing.

 

Moved:  Cm. Galo

Second:  Mayor Pro Tem Amaya

For:    7                                           Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and table.

 

Moved:  Cm. Galo

Second:  Cm. J. Valdez, Jr.

For:     7                                          Against:  0                                            Abstain:  0

 

3.  Public hearing and introductory ordinance amending the Zoning Ordinance Map of the

City of Laredo by authorizing the issuance of a Conditional Use Permit for a new and used auto dealership on Lot 11, Block 3 and Lot 1, Block 4, Emerald Hills Subdivision, located at 1022 Dicky Lane and 4250 Cheyenne Dr; providing for publication and effective date.  The Planning and Zoning Commission has recommended approval of the proposed Conditional Use Permit.

 

Motion to open the public hearing.

 

Moved:  Cm. Galo

Second:  Mayor Pro Tem Amaya

For:     7                                          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:     7                                          Against:  0                                            Abstain:  0

 

Ordinance Introduction:  Cm. Garcia

 

4.  Public hearing and introductory ordinance amending the Zoning Ordinance Map of the

City of  Laredo by authorizing the issuance of a Conditional Use Permit for used 18 wheeler tractor sales on Lot 85A and 85B, Block 2, Wolf Creek Commercial Development, located at 12602 and 12606 Mines Road; providing for publication and effective date. The Planning and Zoning Commission has recommended denial of the proposed Conditional Use Permit.

 

Motion to open the public hearing.

 

Moved:  Cm. Garcia

Second:  Mayor Pro Tem Amaya

For:     7                                          Against:  0                                            Abstain:  0

 

Ron Whitehawk, representing the property owners Oscar and Martha Rios, stated that north of the property, it is zoned B-4 and to the immediate south it is zoned B-3.  A few years ago, this property was once zoned M-1 but it was down zoned to a B-3.  The proposed use of the property is to sell 18-wheeler types of vehicles on the property.  The property owners are requesting approval to obtain a conditional use permit while allowing the zoning designation to remain as a B-3.

 

Cm. J. Valdez, Jr. agreed with the majority of the conditions, but there are some that he requested be changed.  He is proposing changes to condition number 1 to include the immediate family members.  He is also proposing changes to conditions number 4, 6, 8 and 12.  He also stated that no outdoor overhead lighting shall be placed closer than 50 feet to the west of the property.  Additionally, he stated that the overhead lighting shall be directed away from the residential area and shall not be higher than 25 feet.  He also stated that no outdoor music would be allowed; but allow for a P.A. system from 8:00 a.m. to 6:00 p.m. Monday through Saturday.  Also, the westernmost 25 feet of the property will be free of parked, traversing, or circulating trucks.  There shall be a minimum of 13 trees in that area and the other 7 trees and 28 shrubs to be placed along Wolf Creek Drive.  No trucks shall be permitted to be parked facing the western property line. 

 

Cm. Valdez, Jr. pointed out that he would like these changes to the conditions submitted to Council tonight.  He suggested having the property owners present these conditions to city staff within a week or so.   Once these conditions are approved, then at the second reading he would like to see the property owners present the site plan with the updated version. 

 

Motion to close the public hearing and introduce with amendments as per Cm. Valdez.

 

Moved:  Cm. J. Valdez, Jr.

Second:  Cm. Garcia

For:     7                                          Against:  0                                            Abstain:  0

 

Ordinance Introduction:  Cm. J. Valdez, Jr.

 

5.  Public hearing and introductory ordinance amending the Zoning Ordinance Map of the

City of Laredo by rezoning Lot 3, Block 10, Crown Ridge Subdivision, Phase I, located at 413 Shiloh Dr., 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 open the public hearing.

 

Moved:  Cm. Rendon

Second:  Cm. Belmares

For:     5                                          Against:  0                                            Abstain:  0

Cm. Garcia and Mayor Pro Tem Amaya were not present.

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm. Belmares

Second:  Cm. Rendon

For:     5                                          Against:  0                                            Abstain:  0

Cm. Garcia and Mayor Pro Tem Amaya were not present.

 

Ordinance Introduction:  Cm. Belmares

 

6.  Public hearing and introductory ordinance amending the Zoning Ordinance Map of the

City of Laredo by rezoning Lots 1 and 2, Block 1352, Eastern Division, located at 2301 Guerrero St., from R-1 (Single Family Residential District) to R-1A (Single Family Reduced Area District); providing for publication and effective date.  The Planning and Zoning Commission has recommended denial of the proposed zone change.

 

Motion to open the public hearing.

 

 

Moved:  Cm. Belmares

Second:  Mayor Pro Tem Amaya

For:     7                                          Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and deny the zone change. 

 

Moved:  Cm. Galo

Second:  Cm. Belmares

For:     7                                          Against:  0                                            Abstain:  0

 

7.  Public hearing and introductory ordinance amending the Zoning Ordinance Map of the

City of Laredo by rezoning 5.01 acres, as further described by metes and bounds in attached Exhibit A, located approximately north of Hwy. 359 and east of Larga Vista Subdivision, from R-1 (Single Family Residential District) to B-3 (Community Business District); providing for publication and effective date.  The Planning and Zoning Commission has recommended approval of the proposed zone change.     

 

Motion to open the public hearing.

 

Moved:  Cm. Belmares

Second:  Cm. J. Valdez, Jr.

For:    5                                           Against:  0                                            Abstain:  0

Cm. Garcia and Mayor Pro Tem Amaya were not present. 

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm. Garcia

Second:  Cm. J. Valdez, Jr.

For:     6                                          Against:  0                                            Abstain:  0

Mayor Pro Tem Amaya was not present.

 

Ordinance Introduction:  Cm. Garcia

                                                                                                    

8.  Public hearing and introductory ordinance amending the Zoning Ordinance Map of the

City of  Laredo by rezoning Lots 1 and 2, Block 699, Eastern Division, located at 1202 Cortez St., from R-1 (Single Family Residential District) to R-1A (Single Family Reduced Area District); providing for publication and effective date.  The Planning and Zoning Commission has recommended denial of the proposed zone change.   

 

Motion to open the public hearing.

 

Moved:  Cm. Galo

Second:  Cm. J. Valdez, Jr.

For:     7                                          Against:  0                                            Abstain:  0

 

Ron Whitehawk, spoke on behalf of Ms. Diana Volpe, property owner.  He distributed copies to the City Council of letters signed by neighbors.  Mr. Whitehawk explained that the owner occupies a house on two lots.  The proposed zoning change being requested by the Volpe family would allow the backyard of the house to be occupied by Ms. Diana Volpe, niece to the applicant.  The Volpe family has had this property for more than 40 years.  This requested change would allow the back portion of the corner property to be re-subdivided so that Ms. Diana Volpe could set up a separate home on the property. 

 

Letters from Ms. Yolanda LeFleur, of 1116 Cortez St.; Eva Padilla, of 1201 Cortez St.; Oralia M. Deliganis, of 1201 Market St.; Dolores V. Volpe, of 1113 Cortez St.;  Juan E. Rodriguez, of 704 McPherson St.; R. Arreola, of 1102 Cortez St.; and Minerva Tijerina stating that they have no objection to the requested zone change.

 

Mr. Humberto Laurel, of 1204 Cortez, stated that one of the things that he proposed to Ms. Volpe was to add a garage apartment which would be allowed under the R-1 zoning designation.  He explained that his concern is what effect this change would have on the property he owns because he would like to see this area zoned as historic overlay.  He stated that there is a nine-square block between Market Street all the way to Aldama Street which was the location of a foundry for the Texas-Mexican Railway.  Based on maps that he has studied, he would like to learn whether his house would be suitable for a historical designation.  He added that he wants to ensure that they are allowed this opportunity to work on this designation.  He stated that an R-1 zoning designation is more restrictive than other types of zoning and it tends to have the largest effect on residential property values.  On the other hand, a historical zoning designation would allow incredible tax incentives to beautify some of the neighboring run down houses. 

 

Motion to close the public hearing, override the Planning & Zoning Commission and introduce. 

 

Moved:  Cm. Galo

Second:  Cm. Ramirez

For:     7                                          Against:  0                                            Abstain:  0

 

Ordinance Introduction:  Cm. Galo

 

9.  Public hearing and introductory ordinance amending the Zoning Ordinance Map of the

City of Laredo by rezoning Lots 9 and 10, Block 3, Hilltop Subdivision, Phase II, located approximately at the northwest intersection of Michigan Avenue and Erie Lane, from R-3 (Mixed Residential District) to R-2 (Multi-family District); providing for publication and effective date.  The Planning and Zoning Commission has recommended approval of the proposed zone change. 

 

Motion to open the public hearing.

 

Moved:  Cm. Garcia

Second:  Cm. J. Valdez, Jr.

For:     6                                          Against:  0                                            Abstain:  0

Mayor Pro Tem Amaya was not present.

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm. Belmares

Second:  Cm. J. Valdez, Jr.

For:     6                                          Against:  0                                            Abstain:  0

Mayor Pro Tem Amaya was not present.

 

Ordinance Introduction:  Cm. Belmares

 

10.  Public hearing and introductory ordinance amending the Zoning Ordinance Map of the

 City of Laredo by rezoning 28.88 acres, as further described by metes and bounds in  

 attached Exhibit "A", located approximately north of San Isidro - Los Agaves  

 Subdivision, Phase III., from AG (Agricultural District) to R-1 (Single Family

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

 Zoning Commission has recommended approval of the proposed zone change.

 

 Motion to open the public hearing.

 

 Moved:  Cm. Garcia

 Second:  Cm. Galo

 For:    6                                            Against:  0                                            Abstain:  0

 Mayor Pro Tem Amaya was not present.

 

 There was no public input.

 

 Motion to close the public hearing and introduce.

 

 Moved:  Cm. Belmares

 Second:  Cm. J. Valdez, Jr.

 For:    6                                            Against:  0                                            Abstain:  0

 Mayor Pro Tem Amaya was not present.

 

 Ordinance Introduction:  Cm. Belmares

 

11.  Public hearing and introductory ordinance amending the Zoning Ordinance Map of the

 City of Laredo by rezoning 18.38 acres, as further described by metes and bounds in  

 attached Exhibit "A", located approximately north of La Pita Mangana Road, from R-

 1MH (Single Family Manufactured Housing District) to R-1A (Single Family Reduced

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

 Commission has recommended approval of the proposed zone change.

 

 Motion to open the public hearing.

 

 Moved:  Cm. Garcia

 Second:  Cm. Belmares

 For:    6                                            Against:  0                                            Abstain:  0

 Mayor Pro Tem Amaya was not present.

 

 

   There was no public input.

 

   Motion to close the public hearing and introduce.

 

   Moved:  Cm. Belmares

   Second:  Cm. Ramirez

   For:    6                                          Against:  0                                            Abstain:  0

   Mayor Pro Tem Amaya was not present.

 

   Ordinance Introduction:  Cm. Belmares

 

12.  Public hearing and introductory ordinance amending the Zoning Ordinance Map of the

City of Laredo by authorizing the issuance of a Special Use Permit for the co-location of an antenna on an existing communication tower, on .031 acres, as further described by metes and bounds in attached Exhibit "A", located approximately at 27005 Mines Road; providing for publication and effective date.  The Planning and Zoning Commission has recommended approval of the proposed Special Use Permit.

 

Motion to open the public hearing.

 

Moved:  Cm. Garcia

Second:  Cm. Galo

For:    6                                         Against:  0                                            Abstain:  0

Mayor Pro Tem Amaya was not present.

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm. J. Valdez, Jr.

Second:  Cm. Belmares

For:    6                                         Against:  0                                            Abstain:  0

Mayor Pro Tem Amaya was not present.

 

Ordinance Introduction:  Cm. J. Valdez, Jr.

                                                                              

13.  Public hearing and introductory ordinance amending the City's FY 2004 - 2005 Annual

Budget, Laredo Fire Department EMS Division Budget by accepting a donation of $2,500.00 from Wal-Mart Stores and appropriating said funds for the purpose of purchasing new computers for the Laredo Fire Department EMS Division.

 

Motion to open the public hearing.

 

Moved:  Cm. Garcia

Second:  Cm. J. Valdez, Jr.

For:    6                                         Against:  0                                            Abstain:  0

Mayor Pro Tem Amaya was not present.

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm. Rendon

Second:  Cm. Belmares

For:    6                                         Against:  0                                            Abstain:  0

Mayor Pro Tem Amaya was not present.

 

Ordinance Introduction:  City Council

 

14.  Public hearing and introductory ordinance authorizing the City Manager to amend the

City of Laredo FY 2004 - 2005 Annual Budget by appropriating revenues and expenditures in the amount of $63,244.00 from the United States Conference of Mayors Research and Education Foundation for the HIV/AIDS Prevention Project of the City of Laredo Health Department for the contract period beginning January 1, 2005 through December 31, 2005, and to amend the FY 2004 - 2005 full-time equivalent positions by 1.07.

 

Motion to open the public hearing.

 

Moved:  Cm. Garcia

Second:  Cm. Belmares

For:    6                                         Against:  0                                            Abstain:  0

Mayor Pro Tem Amaya was not present.

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm. Belmares

Second:  Cm. Rendon

For:    7                                         Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

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

execute an amendment to federal grant TX-90-X644-01 increased by $814,412.00 from $2,446,138.00 to $3,260,550.00, amending the Transit Operations Budget by appropriating the $814,412.00 additional federal revenues and decreasing transfer in sales tax funds by $814,412.00.

 

Motion to open the public hearing.

 

Moved:  Cm. Galo

Second:  Mayor Pro Tem Amaya

For:    7                                         Against:                                                Abstain:

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm. Belmares

Second:  Cm. Rendon

For:    7                                         Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

VIII.    INTRODUCTORY ORDINANCES

 

            None.

 

IX.       FINAL READING OF ORDINANCES 

 

Motion to waive the final reading of ordinances # 2004-O-331; # 2004-O-332; # 2004-O-333; # 2004-O-334; # 2004-O-335; # 2004-O-336; # 2004-O-337; # 2004-O-338; # 2004-O-339; # 2004-O-340; # 2004-O-341; and # 2004-O-342.

 

            Moved:  Cm. Galo

            Second:  Cm. Rendon

            For:    7                                                Against:  0                                            Abstain:  0

 

16.  2004-O-331  Amending the City of Laredo Code of Ordinance Chapter 21, Offenses

and Miscellaneous Provisions, Article XII, Aggressive Solicitation, by adding definitions, prohibiting persons under the age of eighteen (18) from participating in street solicitation, authorizing police officers and code enforcement officers to halt ongoing solicitation as a penalty for violating any provision of this ordinance; providing for publication and effective date.

 

Motion to adopt Ordinance # 2004-O-331.

 

Moved:  Cm. Galo

Second:  Mayor Pro Tem Amaya

For:     7                              Against:  0                                Abstain:  0

 

                    2004-O-332  Amending Chapter 15, Health and Sanitation, Article VI "Indoor Clean

     Air", of the Code of Ordinances of the City of Laredo, Texas by

     amending the definition of public place, Section 15-78; amending Section

     15-79 by prohibiting smoking in any city owned or leased facility; and

     deleting section 15-80, which allows for exceptions; providing for

     severability; and providing for an effective date.

 

Motion to adopt Ordinance # 2004-O-332.

 

Moved:  Cm. Galo

Second:  Mayor Pro Tem Amaya

For:     7                              Against:  0                                Abstain:  0

 

                   2004-O-333  Amending the Laredo Municipal Housing FY 2005 Budget by drawing

    down and appropriating $700,000.00 from the its opening balance to the

    City's Capital Improvement Fund.  This transfer will be set up to carry out

     necessary repairs associated with the owner-occupied units constructed

     by the Laredo Affordable Housing Corporation as part of the Los Obispos

     Affordable Housing Project.  The amendment is authorized by the Laredo

     Municipal Housing Corporation's Articles of Incorporation. 

 

Motion to adopt Ordinance # 2004-O-333.

 

Moved:  Cm. Galo

Second:  Mayor Pro Tem Amaya

For:     7                              Against:  0                                Abstain:  0

 

2004-O-334  Amending Section 1 of Ordinance 2002-O-0251 of the City of Laredo and

authorizing the implementation of an administrative fee of $1.00 per swipe card for southbound commercial traffic that utilizes the City of Laredo International Bridges as further described in Exhibit "A" and hereby repealing all conflicting sections in all ordinances currently in effect. 

 

Motion to adopt Ordinance # 2004-O-334.

 

Moved:  Cm. Galo

    Second:  Mayor Pro Tem Amaya

    For:     7                               Against:  0                                Abstain:  0

 

2004-O-335  Authorizing the City Manager to amend the 29th AY Community

Development Block Grant budget for the FY 2004 - 2005 by increasing the original Program Income Budget of $11,493.00 by $57,572.00 in additional program income, for a total of $69,065.00. The Program Income funds will be used for land acquisition for the Riverfront Green Space Acquisition Project.

 

Motion to adopt Ordinance # 2004-O-335.

 

Moved:  Cm. Galo

    Second:  Mayor Pro Tem Amaya

    For:    7                                Against:  0                                Abstain:  0

 

2004-O-336  Ratifying the City Manager's acceptance of a grant by the South Texas

Development Council (STDC) in the amount of $40,828.00 with no matching funds for a total of $40,828.00 and amending the City of Laredo's FY 2004 - 2005 Annual Budget for the NPDES Fund by appropriating the said grant revenue to the appropriate expenditure accounts. The grant funds will be used to promote two electronic waste (e-waste) recycling events, as well as for disposal fees for the materials collected.

 

Motion to adopt Ordinance # 2004-O-336.

 

 

 

Moved:  Cm. Galo

    Second:  Mayor Pro Tem Amaya

    For:     7                               Against:  0                                Abstain:  0

 

      2004-O-337  Authorizing the City Manager to enter into a rental agreement between the

    City of Laredo and SER-Jobs for Progress for the use of two classrooms at  

    East Hachar Recreation Center and Inner City Tech/Rec Center, in the

    form attached as Exhibit "A"; and amending the FY 2004 - 2005 General

    Fund Budget by appropriating revenues and expenditures in the amount of

    $5,600.00 for computer hardware and software to further enhance

    technology programming.

 

Motion to adopt Ordinance # 2004-O-337.

 

Moved:  Cm. Galo

    Second:  Mayor Pro Tem Amaya

    For:    7                                Against:  0                                Abstain:  0

 

2004-O-338  Authorizing the City Manager to accept a $1,000.00 donation from Wal-

Mart Foundation and amending the City of Laredo Fiscal Year 2004 - 2005 General Fund Annual Budget by appropriating revenues in the amount of $1,000.00 in the form of a donation of $1,000.00 and appropriating expenditures in the amount of $1,000.00 for the purchase of trees for the Tree Farm Project.

 

Motion to adopt Ordinance # 2004-O-338.

 

Moved:  Cm. Galo

    Second:  Mayor Pro Tem Amaya

    For:    7                                Against:  0                                Abstain:  0

 

                  2004-O-339  Designating a certain area as a Tax Abatement Reinvestment Zone for

    commercial/industrial tax abatement, establishing the boundaries thereof

    and other matters relating thereto; declaring findings of fact; providing for

    severability; and providing for an effective date.

 

Motion to adopt Ordinance # 2004-O-339.

 

Moved:  Cm. Galo

    Second:  Mayor Pro Tem Amaya

    For:     7                               Against:  0                                Abstain:  0

 

2004-O-340  Authorizing the City Manager to convey to Southwestern Bell Telephone,

L.P. three easements, namely: (1) A 100 square foot easement out of Lot 10, Block 22, Western Division, in the form attached as Exhibit 1 herein; (2) a 1,600 square foot easement out of former Farias Street Section in the form attached as Exhibit 2 herein; and (3) a 625 square foot easement out of Lot 5, Block 30, Las Americas Subdivision, Unit 2, in the form attached as Exhibit 3 herein; and providing for effective date.

 

Motion to adopt Ordinance # 2004-O-340.

 

Moved:  Cm. Galo

    Second:  Mayor Pro Tem Amaya

    For:     7                               Against:  0                                Abstain:  0

 

                  2004-O-341  Closing as public easement that section of Davis Avenue between

    Zaragoza and Water streets situated in the Western Division, City of

    Laredo, County of Webb, Texas, and providing for an effective date.

 

Motion to adopt Ordinance # 2004-O-341.

 

Moved:  Cm. Galo

    Second:  Mayor Pro Tem Amaya

    For:     7                               Against:  0                                Abstain:  0

 

                  2004-O-342  Closing as public easements those sections of Ventura Street between

    Main and Santa Maria Avenues, including its intersection with Davis

    Avenue; all situated in the Western Division, City of Laredo, Webb

    County, Texas, and providing for an effective date.

 

Motion to adopt Ordinance # 2004-O-342.

 

Moved:  Cm. Galo

    Second:  Mayor Pro Tem Amaya

    For:     7                               Against:  0                                Abstain:  0

 

X.        RESOLUTIONS

 

17.  2004-R-124  Authorizing and approving a Tax Abatement Agreement between the City

of Laredo and Midwest Sterilization Corporation in accordance with Ordinance 2003-O-090 for the Tax Abatement and Reinvestment Zones. This agreement will be for a five (5) year period to abate taxes on new improvements for the purpose of promoting economic growth and development for the city, and for the creation of jobs. The amount of taxes abated depends on the number of jobs created and the amount of the investment. The guidelines and criteria for the agreement are set forth in the attached agreement and attachments.

 

Motion to approve Resolution # 2004-R-124.

 

Moved:  Cm. Galo

Second:  Cm. J. Valdez, Jr.

For:     7                               Against:  0                                Abstain:  0

 

18.  2004-R-126  Accepting a Correction Deed for the donation of a twelve-foot-wide

Municipal Water and Sewer Utility Easement from the Laredo Regional Medical Center, L.P., d/b/a Doctor's Hospital of Laredo, Inc. Said twelve-foot-wide easement being out of Lot 1, Block 1, San Isidro/Colombia Subdivision, City of Laredo, Webb County, Texas.

 

Motion to approve Resolution # 2004-R-126.

 

Moved:  Cm. Galo

Second:  Cm. J. Valdez, Jr.

For:      7                              Against:  0                                Abstain:  0

 

19.  2004-R-128  Declaring the public necessity to acquire the "Surface Only" of nine

parcels of land for the Monterrey Avenue Acquisition and Relocation Project. Said nine parcels being all  Lot 1, the North half of Lot 2, the South half of Lot 2, the North 25.15 feet of Lot 3, the South 21.15 feet of Lot 3, the North half of Lot 4, the South half of Lot 4, all Lot 5, & all Lot 6,  Block 87A, Eastern Division, City of Laredo, Webb County, Texas, as delineated on attached copy of City Plat; and authorizing staff to negotiate with the owners for the acquisition of said parcels by purchase at market values to be established by a State Certified Real Estate Appraiser, and also authorizing the City Attorney to initiate condemnation proceedings to acquire said parcels if staff is unable to acquire due to inability to agree to a purchase price, conflict of ownership, owner refusal to sell, and/or inability to locate a listed owner, and further authorizing relocation benefit payments to persons who will be displaced as a result of the acquisition of those properties, in accordance with the provisions of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970, as amended.

 

Motion to approve Resolution # 2004-R-128.

 

Moved:  Cm. Galo

Second:  Cm. J. Valdez, Jr.

For:    7                                Against:  0                                Abstain:  0 

 

20.  2004-R-130  Amending Resolution No. 2004-R-117 to provide relocation benefits

under the Uniform Relocation Assistance and Real Property Acquisition Act of 1970, as amended, to property owners who will be displaced as a result of the City of Laredo's acquisition of Lots 4, 5, 6, & 7, Block 1868, Eastern Division, City of Laredo, Webb County, Texas, Said parcels are to be acquired for the Highway 359 Acquisition and Relocation Project. 

 

Motion to approve Resolution # 2004-R-130.

 

Moved:  Cm. Galo

Second:  Cm. J. Valdez, Jr.

For:     7                               Against:  0                                Abstain:  0

 

21.  2004-R-131  Recommending the permanent establishment of a residential parking

permit area for the existing streets north and south of Shiloh Ave., located within close proximity to United High School, that were temporarily established through a pilot project and which will now require that all residents follow all regulations as set forth in the Residential Permit Parking Program recently established.

 

Roberto Murillo, Traffic Director, stated that he was submitting the amendments that had been omitted from the resolution which are as follows:

 

Parking of vehicles is prohibited in the following areas designated as “Permit Parking Only” zone 1, 7:30 a.m. to 4:30 p.m. Monday through Friday in the following areas, except for those vehicles displaying approved City of Laredo permit parking decals and permit parking tags and for those service vehicles providing a specific service to a residence and which are properly identified;

 

North side of Shiloh Drive from Whisper Hills Drive to 100 west of

        Cornell Drive

East and West side of Shalom Circle south of Shiloh Drive

East and West side of Shama Circle south of Shiloh Drive

North and South side of Brown Avenue between Cornell Drive and

Yale Drive

 East and West side of Harvard Drive between between Brown Drive and

         Longhorn Drive

 East and West side of Cornell Avenue between Shiloh Drive and

         Longhorn Drive

 East and West side of Navajo Lane between Shiloh Drive and Longhorn

         Drive

 East and West side of Fox Lane between Shiloh Drive and Ozark Drive

 North and South side of Ozark Drive between Navajo Lane and

         Tucson Lane

 North and South side of Glenwood Drive between Navajo Lane and

         Tucson Lane

 North and South side of Alameda Drive between Navajo Lane and

         Tucson Lane

 East and West side of Yale Street between Brown Drive and

         Longhorn Drive

 North and South side of Longhorn Drive between Yale Street and

         Tucson Lane

 

Motion to approve Resolution # 2004-R-131 as amended. 

 

Moved:  Cm. Galo

Second:  Cm. J. Valdez, Jr.

For:    7                                Against:  0                                Abstain:  0

 

22.  2004-R-132  Authorizing the City Manager to amend the agreement between Laredo

Community College on behalf of the Health Sciences Division and the City of Laredo Fire Department EMS Division to define the responsibilities for both parties for the instructional activities to be offered for academic credit and/or workforce continuing education. 

 

Motion to table. 

 

Moved:  Cm. Galo

Second:  Mayor Pro Tem Amaya

For:     7                               Against:  0                                Abstain:  0

           

XI.       MOTIONS

 

23.  Consideration to award a contract to Simplex Grinnell LP., of San Antonio, Texas in

the amount of $299,396.25 for the purchase and installation of security equipment at the Laredo International Airport. This equipment is being purchased through the State of Texas - TXMAS Program. Funding is available from the Airport Construction Fund (433) within Federal Aviation Administration Airport Improvement Program Grant No. 34 and from the Land Proceeds Division.

 

Motion to approve.

 

Moved:  Cm. Galo

Second:  Mayor Pro Tem Amaya

For:    7                                         Against:  0                                            Abstain:  0

 

24.  Authorizing the City Manager to solicit bids and conduct a Public Sale of two (2) tracts

of airport non-aeronautical use land being a portion of Block 1 consisting of approximately 4.0-acres including portions of closed sections of Maher and Jarvis Avenues and all of Block No. 23 consisting of approximately 10.9-acres both tracts of the Subdivision Plat of the Laredo Airport at the Laredo International Airport.

 

Motion to approve.

 

Moved:  Cm. Galo

Second:  Mayor Pro Tem Amaya

For:    7                                         Against:  0                                            Abstain:  0

 

25.  Consideration to award contract FY05-022, to the sole bidder, Powerware, Chicago, IL,

in the total amount of $30,439.60, for an annual service contract for the Uninterruptible Power Systems (UPS) at all International Bridges and a one time battery replacement for the UPS at the World Trade Bridge. Funding is available in the Bridge System Fund. 

 

Motion to approve.

 

Moved:  Cm. Galo

Second:  Mayor Pro Tem Amaya

For:    7                                         Against:  0                                            Abstain:  0

 

26.  Authorization to cancel effective December 31, 2004, the City's contract for federal

legislative services with Government Relations Inc. (GRI) in the contract balance amount of $67,500.00 plus expenses of $5,000.00 and to execute a contract with Government Relations Consultants, Oakton, VA in the amount of $67,500.00 plus travel and related expenses up to $5,000.00 for the period beginning January 1, 2005 and ending September 30, 2005 for intergovernmental, informational, and advocacy services provided to the City of Laredo. Funding is available in the General Fund.

 

Motion to approve.

 

Moved:  Cm. Galo

Second:  Mayor Pro Tem Amaya

For:    7                                         Against:  0                                            Abstain:  0

 

27.  Consideration to authorize six (6) five-year maintenance contracts (May 31, 2004

through May 30, 2010) with Central Telephone Company of Texas, d/b/a Sprint, in the amount of $237,357.60, for providing preventive and corrective maintenance to Public Safety Answering Point's (PSAP) 9-1-1 call taking related equipment in the four county service region. In subsequent years, service contract payments are subject to future funding from the State of Texas Commission on State Emergency Communications. Funding is available in the 9-1-1 Regional Fund.

 

Motion to approve.

 

Moved:  Cm. Galo

Second:  Mayor Pro Tem Amaya

For:    7                                         Against:  0                                            Abstain:  0

 

28.  Authorizing the City Manager to solicit bids and conduct a public sale of land

consisting of Lots 1-4 on Block 276A in the Western Division which is located along the south side of the 1500 block of Zaragoza Street in the Central Business District and is approximately 24,693 square feet. 

 

Motion to approve.

 

Moved:  Cm. Galo

Second:  Mayor Pro Tem Amaya

For:    7                                         Against:  0                                            Abstain:  0

 

29.  Authorizing the City Manager to negotiate and execute a contract with the Laredo

Hockey Holdings L.P. for the City of Laredo to underwrite the television production and broadcast of the 2005 CHL All Star Game on Fox Sports Southwest. Total cost of the underwriting shall not exceed $55,000.00. Funding is available in the FY 2004 - 2005 CVB Marketing Division Budget.

 

Motion to approve.

 

Moved:  Cm. Galo

Second:  Mayor Pro Tem Amaya

For:    7                                         Against:  0                                            Abstain:  0

 

30.  Authorizing the City Manager to negotiate and execute a contract with the Instituto

Tecnologico y de Estudios Superiores de Monterrey (ITESM) to place advertisements on their INFOTEC system for twelve months from January 1, 2005 through December 31, 2005. The total cost to the City of Laredo is $29,244.50.  Funding is available in the FY 2004 - 2005 CVB Marketing Division Budget.

 

Motion to approve.

 

Moved:  Cm. Galo

Second:  Mayor Pro Tem Amaya

For:    7                                         Against:  0                                            Abstain:  0

 

31.  Consideration to award contract FY05-027 to El Financiero, in the estimated amount of

$40,425.00, for print advertising in Mexico. The contract vendor will maintain a synchronic circulation in a national brand newspaper edition with daily circulation in Mexico City, Guadalajara, Monterrey, and an additional 150 cities in Mexico. Funding is available in the FY 2004 - 2005 CVB and Airport budgets.

 

Motion to table until next meeting. 

 

Moved:  Cm. Belmares

Second:  Mayor Pro Tem Amaya

For:    7                                         Against:  0                                            Abstain:  0

 

32.  Consideration for approval to award an engineering contract to Freese and Nichols,
       Inc., Fort Worth, Texas, for an amount not to exceed $319,591.00 for design and

preparation of plans and specifications for the Laredo International Airport Reconstruction of a Portion Runway 17R-35L. Funding is available in the Airport Construction Fund Proposed Grant Rehab. 17R - Project Engineer Fees.

 

Motion to approve.

 

Moved:  Cm. Galo

Second:  Cm. J. Valdez, Jr.

For:    7                                         Against:  0                                            Abstain:  0

 

33.  Consideration for approval of the selection of consultant Freese and Nichols, Fort

Worth, Texas, for the construction, reconstruction and rehabilitation of Airport Pavement Areas and other Aeronautical Improvements at the Laredo International Airport and authorization to negotiate a professional services contract.

 

Motion to approve.

 

Moved:  Cm. Galo

Second:  Cm. Ramirez

For:   3                                          Against:  4                                            Abstain:  0

Cm. Galo                                      Cm. Garcia

Mayor Pro Tem Amaya                 Cm. Rendon

Cm. Ramirez                                 Cm. Belmares

                                                     Cm. J. Valdez, Jr.

 

Motion fails.

 

 

 

 

Motion to award contract to #3 Carter & Burgess. 

 

Moved:  Cm. J. Valdez, Jr.

Second:  Cm. Belmares

For:    5                                         Against:  2                                            Abstain:  0

Cm. Garcia                                    Cm. Rendon

Cm. Galo                                      Cm. Ramirez

Mayor Pro Tem Amaya

Cm. Belmares

Cm. J. Valdez, Jr.

 

34.  Consideration to approve and accept the Health Department WIC Healthy Learning

Center and approval of final payment in the amount of $93,649.00 to Zertuche Construction, L.L.C., Laredo, Texas. Final contract amount is $136,984.00. Funding is available in the Health Fund WIC Grant.

 

Motion to approve.

 

Moved:  Cm. Galo

Second:  Cm. J. Valdez, Jr.

For:    7                                         Against:  0                                            Abstain:  0

 

35.  Authorizing the City Manager to execute a contract with the law firm of Bickerstaff,

Heath, Smiley, Pollan, Kever & McDaniel, L.L.P., for legal services related to the existing retainer agreement on International Bridge matters, and specifically to represent the City in the lawsuit styled Webb County, Texas v. Gregg Abbott, Texas Attorney General, City of Laredo, Texas, et al in the 261st Judicial District Travis County, Texas.

 

Motion to approve with a $50,000.00 limit.

 

Moved:  Cm. Galo

Second:  Cm. J. Valdez, Jr.

For:    7                                         Against:  0                                            Abstain:  0

 

36.  Authorizing the City Manager to consent and acknowledge the Agreement for Ground

Lease between Towers of Texas, Inc., a Texas Corporation, and Pinnacle Towers Acquisition L.L.C. (PTA) in regard to the ground lease at the South Laredo Waste Water Treatment Plant located at 319 River Front Road, Laredo, Webb County, Texas, on which a 250 ft. telecommunications tower and related equipment building are situated.

 

Motion to approve.

 

Moved:  Cm. Galo

Second:  Cm. J. Valdez, Jr.

For:    7                                         Against:  0                                            Abstain:  0

 

37.  Authorizing the City Manager to grant two (2) public fireworks display permits for the

Laredo Entertainment Center and the Laredo Country Club for December 31, 2004 at 11:59 p.m. Technicians for the displays will be Fly Pyrotechnician  (Greg Schaatt) and Atlas Enterprises Inc., respectively. 

 

Motion to approve.

 

Moved:  Cm. Galo

Second:  Cm. J. Valdez, Jr.

For:    7                                         Against:  0                                            Abstain:  0

 

38.  Consideration to award contract number FY05-009, in the estimated annual amount of

$50,000.00 for the purchase of paper for copiers and printers from the low bidders,           Patria Office Supply, Laredo, Texas and Executive Office Supply, Laredo, Texas. Departments will order these items on an as needed basis. The term of this contract is for a twelve month period beginning January 1, 2005 - December 31, 2005; the contract will include copy paper, green bar and other computer paper. Funding is available in the office supply line item budgets for the respective departments and will be subject to future appropriations.

 

Motion to approve.

 

Moved:  Cm. Galo

Second:  Cm. J. Valdez, Jr.

For:    7                                         Against:  0                                            Abstain:  0

 

39.  Consideration to award contract FY05-023 to the sole bidder, Wilkinson Gary Iron and

Metal, Laredo, Texas, for the sale of scrap metal recovered or collected at the Solid Waste Facility and recycling centers. The bid price is $64.00 per ton. The term of this contract shall be for a period of one year with an option to renew for two (2) additional, one (1) year terms. All revenue generated from this contract is recognized in the Solid Waste Fund. 

 

Motion to approve.

 

Moved:  Cm. Galo

Second:  Mayor Pro Tem Amaya

For:    7                                         Against:  0                                            Abstain:  0

 

40.  Consideration to exercise the renewal option for one additional year for contract

number FY04-032 awarded to RM Personnel, Inc., Laredo, Texas for the same services. RM Personnel provided the best value for the city. These contract employees are used to fill in for full-time employees who are on sick or injury leave, and as needed for temporary assistance. Funding is available in the Solid Waste Budget.

 

Motion to approve.

 

Moved:  Cm. Galo

Second:  Mayor Pro Tem Amaya

For:    7                                         Against:  0                                            Abstain:  0

 

41.  Consideration for approval of acceptance of the Fueling Station Facility at City of

Laredo Solid Waste Facility  (Design/Build Project) and approval of final payment in the amount of $14,258.56 to Petroleum Solutions, Inc., McAllen, Texas. Final contract amount is $142,585.62. Funding is available in the Solid Waste Fund Retainage Payable Account.

 

Motion to approve.

 

Moved:  Cm. Galo

Second:  Mayor Pro Tem Amaya

For:    7                                         Against:  0                                            Abstain:  0

 

42.  Authorization for the City Manager to enter into an Interlocal Agreement between the

City of Laredo and the County of Jim Hogg for the purchase of two refuse collection trucks from the City of Laredo for $2,500.00 each.

 

Motion to approve.

 

Moved:  Cm. Galo

Second:  Mayor Pro Tem Amaya

For:    7                                         Against:  0                                            Abstain:  0

 

43.  Authorization for the City Manager to enter into an Interlocal Agreement between the

City of Laredo and the City of El Cenizo for the purchase of two refuse collection trucks from the City of Laredo for $2,500.00 each.

 

Motion to approve.

 

Moved:  Cm. Galo

Second:  Mayor Pro Tem Amaya

For:    7                                         Against:  0                                            Abstain:  0

 

44.  Amending a contract with Sherfey Engineering, Co., Laredo, Texas for $69,115.00 to

include additional basic engineering and surveying services required to change the alignment for the Chacon Extension wastewater trunk line and from the Casa Blanca Road to the Laredo Entertainment Center Lift Station. The amendment brings the total contract amount to $442,395.00. Funding is available in the 1998-A Bond Issue Chacon Interceptor.

 

Motion to approve.

 

Moved:  Cm. Galo

Second:  Mayor Pro Tem Amaya

For:    7                                         Against:  0                                            Abstain:  0

 

45.  Approving monthly adjustments to the tax roll. The amount to be adjusted for the

month of November 2004 represents an increase of $43,112.87. These adjustments are determined by Webb County Appraisal District and by court orders.

 

 

Motion to approve.

 

Moved:  Cm. Galo

Second:  Mayor Pro Tem Amaya

For:    7                                         Against:  0                                            Abstain:  0

 

46.  Refund of property tax in the amount of $4,186.24 to the following taxpayers and

       companies:

1.  A refund in the amount of $1,155.14 payable to International Bank of Commerce

     due to a double payment. Account # 970-50006-010.

2.  A refund in the amount of $544.83 payable to International Bank of Commerce

     due to a double payment. Account # 907-00001-040.

3.  A refund in the amount of $1,020.47 payable to International Bank of Commerce

     due to a double payment. Account # 970-00003-074.

4.  A refund in the amount of $957.03 payable to Landamerica Tax and Flood

     Services due to a double payment. Account # 989-51001-270.

5.  A refund in the amount of $508.77 payable to Landamerica Tax and Flood

     Services due to a double payment. Account # 925-80002-190.

 

Motion to approve.

 

Moved:  Cm. Galo

Second:  Mayor Pro Tem Amaya

For:    7                                         Against:  0                                            Abstain:  0

 

47.  Amending a contract with Crane Engineering, Corp., Laredo, Texas for $113,109.40 to

include additional basic engineering services, staking and surveying services for the design of the water distribution system in Los Tanquesitos I on Hwy 359. The amendment brings the total contract amount to $303,560.74. Funding is available in the Colonias Project Fund.

 

Motion to approve.

 

Moved:  Cm. Galo

Second:  Mayor Pro Tem Amaya

For:    7                                         Against:  0                                            Abstain:  0

 

48.  Amending a contract with Smith, Russo, & Mercer Consulting Engineers, Corpus

Christi, Texas, for $3,080.00 to include additional basic engineering services and additional surveying required to reset disturbed control monuments. The amendment brings the total contract amount to $167,000.00. Funding is available in the Colonias Project.

 

Motion to approve.

 

Moved:  Cm. Galo

Second:  Mayor Pro Tem Amaya

For:    7                                         Against:  0                                            Abstain:  0

 

 

 

XII.     STAFF REPORTS

 

49.  A.  Discussion with possible action to consider Police Officer Jose L. Ramos' third

request for an extension of injury leave with pay in accordance with 143.073 (b) of the Texas Local Government Code.

 

Dan Migura, Adminstrative Services Department, stated that on November 15, 2004, the City Council heard testimony from Officer Ramos.  At that time, he was granted an extension of injury leave with pay of 30 days to help him undergo a third surgery on November 19, 2004.  The latest information from his physician is that it is unlikely that Officer Ramos will be able to return to work as a police officer.  Mr. Migura mentioned that since that date, Officer Ramos has undergone surgery and is still experiencing pain following the surgery.  Officer Ramos will be re-evaluated by his physician on January  20, 2005.  He stated that the officer has injury leave with pay through December 30, 2004, and also has 36 days of accrued leave.

 

Motion to postpone until January 10, 2005.

 

Moved:  Cm.  Rendon

Second:  Cm.  Ramirez

For:     7                                              Against:  0                                Abstain:  0

 

B.  Discussion with possible action to consider Police Officer Arturo Galvan's second

request for an extension of injury leave with pay in accordance with 143.073 (b) of  

the Texas Local Government Code.

 

Dan Migura, Administrative Services Director, said that Investigator Galvan has  

asked Council to extend his injury leave with pay by 25 working days.  He said that 

Officer Galvan has made great progress on his recovery and rehabilitation.  He   

added that the officer cannot return to work until his doctor sees him and he cannot

see his doctor until February 7, 2005.  Mr. Migura stated that staff recommends that 

his injury leave be extended for 25 days. 

 

Motion to extend the injury leave with pay for Police Officer Arturo Galvan for   

twenty five days. 

 

Moved:  Cm.  Galo

Second:  Cm.  Ramirez

For:     7                                  Against:  0                                            Abstain:  0

 

                   C.  Status Report on the Colonias Project.

 

 Keith Kendall, Project Manager, reported that a year ago, they only had one 

 contract and they were just starting contruction then.  He mentioned that now they  

 have completed five of those projects.  They will also begin work on the 6th contract  

 of  the 9 contracts that are being funded.  He added that they had a groundbreaking

 ceremony earlier this month and are looking forward to getting the rest of the 

 contracts out this year.  He thanked the Mayor, City Council and city staff for the

 construction work that has been approved. 

           

                   D.  Presentation by Laredo Convention & Visitors Bureau on the Third Laredo

                         International Sister Cities Festival and 250th Anniversary Celebration.

 

Nick Reyna, Convention and Visitors Bureau Director, stated that they have been     working on these two major projects for over a year.  The projects are now starting to come to fruition and the progress being made is remarkable.  He mentioned that the Laredo International Sister Cities Festival has grown by 33% in number of booth spaces. 

 

Patricia Taylor, Assistant Director for Convention and Visitors Bureau, reported that for the third year in a row, the Convention and Visitors Bureau and the City Secretary’s Office are working together to host the Laredo International Sister Cities Festival.  She mentioned that the highlight of the event is an exposition held at the Civic Center.  The event is scheduled for January 28th through January 30th.  The event begins with an opening ceremony on Friday, January 28th and a welcome breakfast for the exhibitors.  She invited everyone to attend the opening ceremony and ribbon-cutting ceremony.  She reported that the exposition includes a record number of exhibitors with 134 spaces confirmed, 96 of which will be installed at the Civic Center Ballroom and 40 additional spaces will be in a tent on the Civic Center patio. She mentioned that there are 5 visiting countries that have been invited:  China, Taiwan, Spain, Bolivia, and Mexico.   In addition, there will be five state governments that will exhibit their products and provide information:  Coahuila, Mexico, Nuevo Leon, Queretaro, and San Luis Potosí.   She mentioned that it is a wonderful event for the general public and provides opportunities for business people and importers.  She added that admission is free to the general public and the exposition hours are Friday from 10:00 a.m. to 8:00 p.m.; Saturday from 10:00 a.m. to 7:00 p.m.; and Sunday from 10:00 a.m. to 4:00 p.m. 

 

Gustavo Guevara, Jr., City Secretary, stated that this event has grown so much that there are several cities that are pending because they were not able to get their travel visas on time.  He mentioned that this is one of the reasons of the need for a larger convention center.  He announced that the Taiwanese Consulate and the Governor from San Luis Potosi, Mr. Marcelo de los Santos Fraga would be attending the opening ceremonies. 

 

Eddie Zavala, 250th Anniversary Celebration Coordinator, stated that the first event 

will be the unveiling ceremony of the Commemorative Poster.  This unveiling will

be held at Wells Fargo Bank, 1100 Matamoros Street, Wednesday, January 5, 

2005, at 10:00 a.m.  The inaugural ceremony will be held Sunday, January 16, 

2005, at the Laredo Entertainment Center from 7:00 p.m. to 9:00 p.m.  He

mentioned that this event will be free to the public and will feature 250 local school

children, several mariachi groups and the Laredo Philharmonic Orchestra.  The next 

event is the Founders’ Day Weekend Celebration which will recognize the

descendants of the founding families.  This event will begin with a dinner on

Thursday, May 12, 2005, where the family members of the founding families are

going to be recognized.   This will be followed by a Founders’ Day Parade on

Saturday, May 14, 2005, which will follow the same route that other parades

follow.  Then on Sunday, May 15, 2005, there will be a Founders’ Day historical

performance.  The next event will be the Seven Flags – Seven Cultures Festival

 which will take place Friday, July 1, 2005, and Saturday, July 2, 2005, at the

 Laredo Civic Center Grounds.   He mentioned that the festival will feature food

 and music from those seven cultures that have been represented in Laredo.  He  

 added that both school districts will be incorporating into their curriculum the   

 history of Laredo.  The school districts will also sponsor history fairs at their

 schools and the winners will be based on creativity and research.   

 

                   E.   Discussion with possible action regarding the City of Laredo FY 2004 - 2005 state

                         and federal legislative agendas and the scheduling of the Laredo Legislative

                         Delegation visit to Austin, Texas.

 

 Cm. Belmares reported that the committee held a meeting and it is recommending 

 that they move forward and approve both the state and federal agendas.  He added 

 that the committee is also recommending that the legislative trip to Austin, Texas,

 be planned for the week of January 31, 2005

 

 Ronnie Acosta, Programs Administrator with the City Manager’s Office, reported  

 that they went over the agendas and there were only two changes made.  On the 

 federal agenda, the committee went ahead and put back the U.S. Visit program in

 order to ensure that parity exists among all ports of entry.  On the state agenda,

 they added a provision to ban sex offenders from public parks to mirror our

 city’s policy. 

 

 Rene Gonzalez, with Laredo Development Foundation, stated that numerous bills

 have already been pre-filed so the Senate is already moving forward.  He added 

 that the report from the Border Committee on the Senate side was released

 last week and it stated that  Senator Eddie Lucio has 120 recommendations.  He

 also mentioned that the House report should be coming out next week and state

 agencies have already been making announcements on important border issues.

 

 Motion to accept the schedule of the state and federal legislative agendas. 

 

 Moved:  Cm. Belmares

 Second:  Cm. Galo

 For:    7                                               Against:  0                                  Abstain:  0

 

                   F.  Presentation by Killis Almond and Assoc., Inc. on the Convention Center Feasibility

                         Study. 

 

 Mr. David  Greusel, of Conventions, Sports and Leisure International, made a  

 presentation to explain the research, analysis, and findings of their six-month work. 

 He added that this is being presented at tonight’s meeting in order to assist the City

 Council in making a final decision on the viability of developing a future

 convention center.  The complete feasibility analysis is available for viewing at the   

 City Secretary’s Office.

 

 Cm. Garcia stated that he would like to see a fourth site also evaluated.    

 

 Cm. Ramirez inquired whether the City could proceed with the next study. 

 

 Motion to instruct City Manager to go ahead and continue with the final process    

 of the four sites and finalize a report to bring back to City Council.

 

 Moved:  Cm. Ramirez

 Second:  Cm. Galo

 For:     7                                              Against:  0                                      Abstain: 0

 

       G.  Presentation by City of Laredo Traffic Safety Department regarding the proposed

             Utility Planning and Coordination Guide for the City of Laredo.

 

 Tony Garcia, from Traffic Department, reported that the committee was created in 1999 by direction of the City Manager to propose some type of baseline for the Utility Planning and Coordination Guide.  He stated that the committee is composed of representatives from public and private entities that are authorized by law, franchise, or license to construct and maintain facilities in the right-of-way.  The purpose of the committee is to promote improved policies and practices for facilities located within the right-of-way and easements, both public and private, in the City of Laredo.  He explained that the committee was charged with developing a guide that would describe a system that maximizes the communication, coordination, and cooperation between governmental agencies, utilities, and contractors involved in public improvement projects.  This guide describes a “system” of communication, coordination, and cooperation elements that, when in place, will help assure the relocation and installations of facilities in the rights-of-way during public improvements and utility projects with minimal problems.   He mentioned that the next step would be to submit an ordinance for approval by the City council to adopt the guide.   The ordinance will include a provision that requires that all projects would have to follow the guide.

 

XIII.    GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS

 

50.  A.  Request by Council Member Alfredo Agredano

 

1.  Discussion with possible action regarding the status of the City Charter Revision

                 Committee's work on Charter and on the projected timeline for submitting

                 Charter recommendations to City Council and to the voters of the City of Laredo.

 

Cm. Agredano thanked Gustavo Guevara, Jr., City Secretary, for providing copies of minutes for all the charter meetings held to date.

 

Gustavo Guevara, Jr., City Secretary, explained that Susan Foster, Chair of the Charter Review Commission, submitted a report to him that explains the work being done and the anticipated date of completion on the proposed changes to the City Charter.  He read the following status report provided by Susan Foster:

 

“The commission has reviewed and made recommendations covering Articles I through Article X.  The commission is currently working on Article XI and still has two more articles to cover.  The commission will then review all the work done to ensure that every section was covered.  The commission will not be meeting in December but will resume meetings in January, 2005, in order to complete their task by June, 2005.  At that time, the commission will submit its report to the City Council for review and comments in order for the changes to go before the voters in May, 2006.  It is the recommendation of the commission that the charter revisions be voted on during a scheduled election in order to save the taxpayers money.”

 

Cm. Agredano stated that Mr. Guevara had mentioned the possibility of having these charter amendments in a special election in November, 2005. 

 

Gustavo Guevara, Jr., City Secretary, stated that there are two possible election dates.  One possible date would be November, 2005, if there are constitutional amendments to be voted on.  If that is the case, then the City would be able to split the cost of the election with Webb County

 

Cm. Agredano stated that he would like to see the charter revisions on the ballot as soon as possible. 

 

Cm. Galo stated that the members have been meeting for some time now and by the year 2010 a new Charter Revision Commission will begin with their set of revisions.  He inquired whether the group was supposed to be done in two years. 

 

Gustavo Guevara, Jr., City Secretary, stated that following the official census figures, a new commission will be formed at that time to review the City Charter.

 

Larry Dovalina, City Manager, stated that the proposed changes that are being recommended are mostly grammatical in nature.  He explained that there is no urgency in completing the proposed changes any earlier if the amendments will be presented m to the voters before the May, 2006, election. 

           

                   B.  Request by Council Member Gene Belmares

 

1.  Discussion with possible action on the addition of a bronze plaque to the existing

Veteran's Monument to provide a detailed explanation of the reason the Cantu surname is omitted from the monument. The cost estimate for the additional plaque is $3,000.00. (Co-sponsored by Council Members Alfredo Agredano and Jose A. Valdez Jr.)

 

Cm. Belmares mentioned that this item is being brought forward by the Veterans Affairs Committee.  He stated that rather than going back and placing the full David Barkley Cantu name, they have offered a compromise to include a plaque with a side note explaining why he did not have that name while he was in service. 

 

Motion to approve the addition of a bronze plaque. 

 

Moved:  Cm. Belmares

Second:  Cm. J. Valdez, Jr.

For:    7

 

Motion to use $2,000.00 from District VI discretionary funds and $1,000.00 from District II discretionary funds to pay for the plaque. 

 

Moved:  Cm. Rendon

Second:  Cm. Galo

For:    7                                          Against:  0                                     Abstain:  0

 

2.  Discussion with possible action to consider amending the Residential Permit

Parking Ordinance to provide a penalty to include the towing of vehicles in violation of the ordinance.

 

Cm. Belmares stated that the program seems to work well but there are some individuals that consistently have parked vehicles in the neighborhood.  He would like to have a provision included in the ordinance to have the vehicles towed if the violators are not complying with the ordinance. 

 

Roberto Murillo, Traffic Director, stated that the amendment would not only apply for that area.  He explained that since the parking permit ordinance is city-wide, this provision dealing with residential permit parking would apply to all parts of the city.  

 

Chief Agustin Dovalina stated that it is in the officer’s discretion to tow away vehicles, but in the event that the individual would continue to violate the ordinance, the officer would be within his authority to tow away those vehicles from repeat violators. 

 

Larry Dovalina, City Manager, stated that staff will come back with a recommendation to City Council. 

 

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.

 

51.  Request for Executive Session pursuant to Texas Government Code Section

551.071(1)(B) to consult with Attorney representing the City of Laredo and consider a settlement offer regarding pending litigation; Cause No. 2003-CVQ-001579-D2 City of Laredo vs. Olissis, Inc., et al, in the 111th Judicial District Court of Webb County, Texas and return to open session for possible action.

 

Motion to go into Executive Session pursuant to Texas Government Code Section

551.071(1)(B) to consult with Attorney representing the City of Laredo and consider a settlement offer regarding pending litigation; Cause No. 2003-CVQ-001579-D2 City of Laredo vs. Olissis, Inc., et al, in the 111th Judicial District Court of Webb County, Texas and return to open session for possible action.

 

 

Moved:  Cm. Galo

Second:  Cm. Belmares

For:    7                                          Against:  0                                            Abstain:  0

 

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

 

Motion authorizing the City Manager to accept a settlement offer regarding pending litigation:  Cause No. 2003-CVQ-001579-D2 City of Laredo vs. Olissis, Inc. et al in the 111th Judicial District Court of Webb County, Texas, where Defendant Lysis Stebner, Olivia Dominguez, Gustavo Stebner, and Alberto Ortiz shall pay to the City of Laredo the sum of $22,000 (Twenty Two Thousand Dollars) in return for a dismissal with prejudice against them in the above suit. 

 

Moved:  Cm. J. Valdez, Jr.

Second:  Cm. Ramirez

For:    7                                          Against:  0                                            Abstain:  0

 

           52.  Request for executive session pursuant to Section 551.071 (1)(A) of the Texas

Government Code, to meet with the City Attorney regarding contemplated litigation by United Water Services L.L.C. against the City of Laredo and return to open session for possible action. 

 

Motion to go into Executive Session pursuant to Section 551.071 (1)(A) of the Texas

Government Code, to meet with the City Attorney regarding contemplated litigation by United Water Services L.L.C. against the City of Laredo and return to open session for possible action. 

 

Moved:  Cm. Galo

Second:  Cm. Belmares

For:    7                                         Against:  0                                            Abstain:  0 

 

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

 

Motion to authorize the City Manager to hire Red Oak, Inc. to develop an organizational plan in the event that the City of Laredo returns to a city-managed utility operation. 

 

Moved:  Cm. Galo

Second:  Cm. Ramirez

For:    5                                          Against:  2                                            Abstain:  0

                                                      Cm. Belmares

                                                      Cm. J. Valdez, Jr.

 

XV.      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:  Mayor Pro Tem Amaya

            For:    7                                                Against:  0                                            Abstain:  0

 

 

53.  Consideration to award contract FY05-019, to Kone, Inc., Austin, Texas, for a five (5)

year elevator maintenance service contract. This contract will provide for monthly maintenance on the three elevators at the Laredo Intermodal Transit Center. Funding is available in the Transit System Fund. 

 

Motion to approve.

 

Moved:  Cm. Galo

Second:  Mayor Pro Tem Amaya

For:    7                                         Against:  0                                            Abstain:  0

 

XVI.    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:  Mayor Pro Tem Amaya

            For:    7                                                Against:  0                                            Abstain:  0

 

XVII.   ADJOURNMENT

 

            Motion to adjourn.                                                                                Time:   10:06 p.m.

 

            Moved:  Cm. Ramirez

            Second:  Mayor Pro Tem Amaya

            For:      7                                              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 34 and they are true, complete, and correct proceedings of the City Council meeting held on December 20, 2004.

 

 

                                                                        __________________________________

                                                                        Gustavo Guevara, Jr.

                              City Secretary