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CITY OF CITY COUNCIL MEETING M2005-R-012 CITY COUNCIL CHAMBERS I.
CALL TO ORDER
With a quorum present, Mayor
Elizabeth G. II. PLEDGE OF ALLEGIANCE Mayor
Flores led in the Pledge of Allegiance. III. ROLL CALL In
attendance: Elizabeth
G. Flores, Mayor Alfredo
Agredano, Council
Member, District I Hector
Garcia, Council
Member, District II John
C. Galo, 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. Juan
Ramirez, Council
Member, District VIII Gustavo
Guevara, Jr., City
Secretary Larry
Dovalina, City
Manager Cynthia
Collazo, Jaime
Flores, City
Attorney IV. MINUTES
Approval of the minutes of Motion
to approve. Moved: Cm. Agredano Second: Cm. For: 8 Against: 0 Abstain: 0 V. COMMUNICATIONS AND RECOGNITIONS
Announcements Cm. Garcia
expressed his appreciation to all his family and friends for their prayers
and condolences for the Garcia Family following the passing of his
brother. He also presented Mayor
Flores with a recognition plaque from the Womens’
City Club. He invited the public to
the Seven Flags - Seven Cultures Festival to be held this Cm. Galo offered his condolences to the family of Army
Sergeant Roberto Arizola, 31 years old, who became
the second casualty from Mayor Pro
Tem Amaya congratulated Patricia Taylor, Convention
and Visitors Bureau Interim Director, together with the Convention and
Visitors Bureau staff for the outstanding job they did in executing the special
events that culminated with the Miss Texas Pageant this past weekend. Cm. Rendon
invited the constituents of District V and surrounding areas to the Third
Annual Veterans Parade. The parade is
set to begin at the corner of Cm. Belmares commended the City of Cm. Valdez stated
that the members of the City’s delegation had very productive meetings and
brought issues to the table that are of concern to our city. He added that the bond ratings will reflect
the success and outcome of those meetings.
Cm. Ramirez
invited the community to attend the 4th of July parade that starts
at Mayor
Flores read a thank you note from the Class of 2005 graduate Angie Natalie
Coronado to Mayor Pro Tem Amaya for the financial
assistance he provided for her to pursue her course of study. Mayor Flores also thanked Invitations None. Recognitions a. Recognition of District IV Scholarship
Committee Co-Chair, Ricardo De Anda and 2005 District IV recipients: Danilea Fuentes, Melinda Yvette Peña,
Angie Nataly Coronado Sala,
and Jennifer Tellez of Yolanda Valdivia
of A. Reyes of United Community College. Mayor
Flores and Mayor Pro Tem Amaya presented all the students
with Certificates of Recognition for their achievements.
Communiqués a. Mayor Elizabeth
G. Flores reports on the City of Laredo Tax Department. Mayor
Flores stated that the mission of the Tax Department is to bill, collect, and
receive the funds for the City of They
increased the current year property tax collection rate from 95.36% to
96.83%. They
increased the prior year property tax collection rate from 32.31% to 39.46%. They have
collected $2.2 million above budget projections in the overall collection of
property tax, hotel-motel occupancy tax, and other miscellaneous receivable
accounts. They
improved the effectiveness and efficiency of the department by electronically
interfacing utility pay station payments, name and address changes on the tax
rolls, mortgage payment files, and property tax refunds. During
FY03-04, a total of $39,009,208 was collected in property taxes. In addition
to property taxes, the Tax Department collects on the following: utility water payments, hotel-motel
occupancy tax, paving assessment, alarm permits, liquor license permits,
force cleaning, hazardous material spills, and demolitions. Overall, the Tax Department collected over
80 million dollars in FY03-04. The Tax
Department continues to look for ways to better serve the citizens of ·
Continue to increase
the current year collection rate and attain 97% ·
Continue to increase
the prior year collection rate and attain 40% ·
Enhance the Tax
Department website by including:
on-line payment options, links to informative websites, answer to most
frequently asked questions, forms and applications, and account information
such as ownership and balances. VI. APPOINTMENTS TO
COMMISSIONS, BOARDS AND COMMITTEES a. Appointment by Council Member Alfredo Agredano of Mike Garza to the Third Party Funding Committee. Motion to
approve the appointment by Council Member Alfredo Agredano
of Mike Garza to the Third Party Funding Committee. Moved: Cm. Galo Second: Cm. Amaya For: 8 Against: 0 Abstain: 0 b. Appointment by Council Member Johnny Rendon
of Mike Chapa to the Historic / Landmark Board. Motion to
approve the appointment by Council Member Johnny Rendon of Mike Chapa to the
Historic/Landmark Board. Moved: Cm. Agredano Second: Cm. For: 8 Against: 0 Abstain: 0 VII. PUBLIC HEARINGS 1. Public hearing and introductory ordinance
amending the Zoning Ordinance Map of the City of
Laredo by authorizing a Conditional Use Permit for a Nationalization of
Vehicles Service on Lot 1, Block 857, Western Division, located at 3302 Santa
Ursula Avenue; providing for publication and effective date. The Planning and
Zoning Commission has recommended approval of the proposed Conditional Use
Permit. Motion to
open the public hearing. Moved: Cm. Galo Second: Cm.
Garcia For: 8 Against: 0 Abstain: 0 Ms. Sandra
Rocha Taylor spoke in favor of the zone change. Motion to
close the public hearing and introduce. Moved: Cm. Second: Cm.
Ramirez For: 8 Against: 0 Abstain: 0 Ordinance
Introduction: Cm. 2. Public hearing and introductory ordinance
amending the Zoning Ordinance Map of the City of
Laredo by rezoning Lot 1-6, Block 1, Sierra Vista Subdivision, Unit IV-A,
located north of Sierra Vista Boulevard and west of Wright Way, from R-1
(Single-Family Residential District) to R-2 (Multi-Family Residential
District); providing for publication and effective date. The Planning
and Zoning Commission has recommended approval of the zone
change. Motion to
open the public hearing. Moved: Cm.
Garcia Second: Cm. Agredano For: 8 Against: 0 Abstain: 0 Mr. Pedro
Lugo, of Ms. Maria
Guadalupe Garcia stated that there are traffic problems in their
subdivision. She mentioned that the
traffic problems keep mounting in that part of the city. She would like to preserve the subdivision
the way it is without the addition of a multi-family apartment building. Ms. Melba
Medrano, resident, stated that she is against the construction of the
apartment complex within the subdivision.
Mr. Abraham
Zarate spoke in favor of the apartment project they
intend to build. He stated that there
is a tremendous need for rental housing in the area. Motion to
close the public hearing and deny. Moved: Cm. Agredano Second: Cm. For: 8 Against: 0 Abstain:
0 3. Public hearing and introductory ordinance
amending the Zoning Ordinance Map of the City of
Laredo by rezoning 15.95 acres, as further described by metes and bounds in
attached Exhibit "A", located south of Hwy 359 and east of Concord
Hills Boulevard, from R-1 (Single Family Residential District) to M-1 (Light
Manufacturing District); providing for publication and effective date.
The Planning and Zoning Commission has recommended approval of the zone
change. 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.
Garcia Second: Cm. Agredano For: 8 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 a Special Use Permit for a bar on Lot 4, Block 33,
Western Division, located at 903 Lincoln Street; providing for publication
and effective date. The Planning and Zoning Commission has recommended
approval of the Special Use Permit. Motion to
open the public hearing. Moved: Cm.
Garcia Second: Cm. For: 8 Against: 0 Abstain: 0 Mr. Claude
Goldsmith spoke on behalf of Laredo National Bank. He stated that he was against the
recommendation to approve a special use permit for a bar. He mentioned the proximity of this location
to Bethany House which provides meals and assistance to our needy. He encouraged the City Council to be
selective in the way it seeks to invigorate the downtown area. Ms. Shirley
Mathis, representing Bethany House, stated that she was opposed to the
issuance of special use permit at this location and asked City Council that
it be denied. Mr. Rene
Carlos Hinojosa stated that he is the one that is planning to open the
location downtown. He mentioned that
he is planning to open an upscale bar with operations from Thursday through
Sunday from Motion to
close the public hearing and deny. Moved: Cm.
Ramirez Second: Cm. Agredano For: 8 Against: 0 Abstain: 0 5. Public hearing and introductory ordinance
amending the Zoning Ordinance Map of the City of
Laredo by rezoning 10.54 acres, as further described by metes and bounds in
attached Exhibit “A”, located south of Southgate Boulevard, from AG
(Agricultural District) to R-1A (Single-Family Reduced Area District);
providing for publication and effective date.
The Planning and Zoning Commission has recommended approval of the
zone change. 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. Agredano Second: Cm.
Garcia For: 8 Against: 0 Abstain: 0 Ordinance
Introduction: Cm. Agredano 6. Public hearing and introductory ordinance
amending the Zoning Ordinance Map of the City of
Laredo by rezoning 7.49 acres, as further described by metes and bounds in
attached Exhibit “A”, located approximately east of the intersection of
Peoples Blvd. and Port Lavaca Street, from R-1MH (Single Family Manufactured
Housing District) to R-1A (Single-Family Reduced Area District); providing
for publication and effective date.
The Planning and Zoning Commission has recommended approval of the
zone change. Motion to
open the public hearing. Moved: Cm.
Garcia Second: Cm. Agredano For: 8 Against: 0 Abstain: 0 Mr. Ron Whitehawk, representing the property owner, stated that
this area is part of a master planned development. He noted that the density will not change
and what they are requesting is a change from mobile home development to
single family residential development.
He mentioned that the property owner has the same request for the next
two items that follow. Motion to
close the public hearing and introduce. Moved: Cm. Belmares Second: Cm.
Ramirez For: 7 Against: 0 Abstain: 1 Cm. Ordinance
Introduction: Cm. Belmares 7. Public hearing and introductory ordinance
amending the Zoning Ordinance Map of the City of
Laredo by rezoning 28.86 acres, as further described by metes and bounds in
attached Exhibit “A”, located approximately east of the intersection of
Peoples Blvd. and Port Lavaca Street, from R-1MH (Single Family Manufactured
Housing District) to R-1A (Single-Family Reduced Area District); providing
for publication and effective date.
The Planning and Zoning Commission has recommended approval of the
zone change. Motion to
open the public hearing. Moved: Cm.
Garcia Second: Cm. Agredano For: 7 Against: 0 Abstain: 1 Cm.
Valdez There was
no public input. Motion to
close the public hearing and introduce. Moved: Cm. Belmares Second: Cm. Amaya For: 7 Against: 0 Abstain: 1 Cm. Ordinance
Introduction: Cm. Belmares 8. Public hearing and introductory ordinance
amending the Zoning Ordinance Map of the City of
Laredo by rezoning 13.36 acres, as further described by metes and bounds in
attached Exhibit “A”, located approximately east of the intersection of
Peoples Blvd. and Port Lavaca Street, from PUD R-1MH (Single Family
Manufactured Housing District) to PUD R-1A (Single-Family Reduced Area
District); providing for publication and effective date. The Planning
and Zoning Commission has recommended approval of the zone change. Motion to
open the public hearing. Moved: Cm.
Garcia Second: Cm. For: 8 Against: 0 Abstain: 0 There was
no public input. Motion to
close the public hearing and introduce. Moved: Cm. Belmares Second: Cm.
Garcia For: 7 Against: 0 Abstain: 1 Cm. Ordinance
Introduction: Cm. Belmares 9. Public hearing and introductory ordinance
amending the Zoning Ordinance Map of the City of
Laredo by rezoning Lots 3-6, Block 1569, Eastern Division, and adjacent .076
acre tract out of Mercer Street R.O.W., as further described by metes and
bounds in attached Exhibit “A”, located at 102 N. Zapata Hwy., from B-3
(Community Business District) to B-4 (Highway Commercial District); providing
for publication and effective date. The Planning and Zoning Commission
has recommended approval of the zone change. 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: Cm. For: 8 Against: 0 Abstain: 0 Ordinance
Introduction: Cm. Galo
10. Public hearing and
introductory ordinance amending the Zoning Ordinance Map of the City of
Laredo by authorizing the amendment of Ordinance 2002-O-275, which permitted
an outdoor children’s amusement service business, on Lots 7 and 8, Block 305,
Eastern Division, located at 818 and 820 Clark Boulevard, by amending the
hours and days of operation and eliminating the fence requirement; providing
for publication and effective date. The Planning and Zoning Commission did
not support the applicant’s proposed conditional use permit amendment.
The Commission recommended approval of the modifications as recommended by
staff. Motion to open the public hearing. Moved:
Cm. Galo Second:
Mayor Pro Tem Amaya For:
8 Against: 0 Abstain: 0 Ms. Susana Garza, resident, stated that she
agrees to eliminate fencing which is adjacent to the
property. Keith Selman, Planning Director, explained
that there is a provision that whenever a commercial use abuts a residential use there
must be an opaque fence requirement because of the
commercial use at that location. He
stated that the second element of the amendment was to reduce the time of
operation currently under the conditional use permit. The owner wants to change that from recommendation is
to move that to Motion to close the public hearing and
introduce with amendments as recommended by City staff. Moved:
Cm. Amaya Second:
Cm. Belmares For: 8 Against:
0 Abstain: 0 Ordinance Introduction: Cm. Amaya 11. Public hearing and introductory ordinance
amending the Zoning Ordinance Map of the City of 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 deny
as per Planning & Zoning Commission. Moved:
Cm. Agredano Second:
Cm. For:
8 Against: 0 Abstain: 0 12. Public hearing and introductory ordinance
amending the Zoning Ordinance Map of the City of Motion to open the public hearing. Moved:
Cm. Garcia Second:
Cm. For:
8 Against: 0 Abstain: 0 Mr. Ron Whitehawk,
representing Mrs. Consuelo Buchanan, stated that the property is unplatted
and in addition to the zoning change, her property would have to be
platted. Mr. Whitehawk
explained that some time ago a subdivision was created around her parcel of
land. He distributed a letter from the
property owners of the subdivision which states that
they do not have a problem with her zone change request. Motion to close the public hearing and deny
the zone change request. Moved:
Cm. Belmares Second:
Cm. Agredano For:
8 Against: 0 Abstain: 0 13. Public hearing and introductory ordinance
amending the Zoning Ordinance Map of the City of
Laredo by rezoning Lot 6, Block 1645, Eastern Division, located at 2716
Corpus Christi Street, from R-1 (Single-Family Residential District) to B-1
(Limited Commercial District); providing for publication and effective
date. The Planning and Zoning Commission has recommended denial of the
proposed zone change. Motion to open the public hearing. Moved:
Cm. Garcia Second:
Cm. Galo For:
8 Against: 0 Abstain: 0 Mr. E. Howard, of 2707 of the traffic concern. Ms. Melissa Gomez, on behalf of Raquelin’s support of the
zone change request. Ms. Jamee Romo, former client, spoke in favor of the zone change
request. Ms. Rachel Vurbeff,
property owner, spoke in favor of the zone change. Keith Selman, Planning Director, stated
that the owner does not qualify for a conditional use
permit because she does not conform with the parking requirement. Cm. Galo recommended that they could send this back to the
Planning and Zoning Commission to allow for a conditional use permit in order
to work on the parking issue and explore the possibility of going before the Board
of Adjustment. Mayor
Flores explained that the City Council is trying to do give the owner the
ability to allow for expansion of the business without changing the zoning
designation. Motion to close the public hearing, send it
back to staff for a CUP and at the same
time work with the
Board of Adjustment within a 30-day window. Moved:
Cm. Garcia Second:
Cm. Galo For:
8 Against: 0 Abstain: 0 14. Public hearing and introductory ordinance
amending the Zoning Ordinance Map of the City of
Laredo by rezoning Lots 5, 6 and 7 and part of Lots 1, 2, 3, 4 and 8,
Block 854, Eastern Division, located at 4501 McPherson Road, from B-3
(Community Business District) to B-4 (Highway Commercial District); providing
for publication and effective date. The Planning and Zoning Commission
has recommended denial of the zone change. Motion to open the public hearing. Moved:
Cm. Garcia Second:
Cm. Amaya For:
8 Against: 0 Abstain: 0 Mr. Ron Whitehawk,
representing the property owner, stated that this is a shopping center on in the shopping
center has been an eight-liner establishment for the past two years. There is a recent city ordinance that has
changed the zone for this business from a B-3 to a B-4 zoning
category. This has necessitated the
property owner to come before City Council in order for this type of
business to be legalized. He is asking
City Council to change the zoning designation so
that the business can continue to operate. Motion to close the public hearing,
override Planning and Zoning and introduce. Moved:
Cm. Amaya Second:
Cm. Garcia For:
8 Against: 0 Abstain: 0 Ordinance Introduction: Cm. Amaya 15. Public hearing and introductory ordinance
amending the Zoning Ordinance Map of the City of Motion to open the public hearing. Moved:
Cm. Belmares Second:
Cm. Garcia For:
8 Against: 0 Abstain: 0 Mr. Ron Whitehawk,
representing Arturo and Servando Benavides, stated
that the property is
presently split-zoned. The front door
of the business on zoned as a
B-3. He explained that the business
then extends to the back of Cortez Street.
He added that he polled the neighbors on them are not
opposed to the zone change. Motion to close the public hearing,
override Planning and Zoning Commission’s
recommendation, and
introduce. Moved:
Cm. Galo Second:
Cm. Garcia For:
8 Against: 0 Abstain: 0 Ordinance Introduction: Cm. Galo 16. Public hearing allowing interested persons
to comment on the 2005-2010 Five Year Consolidated
Plan and One Year Action Plan which identifies the projects proposed to be
funded by the U.S. Department of Housing and Urban Development through the
31st Action Year Community Development Block Grant (CDBG), the 2005 HOME
Investment Partnerships Program (HOME), the 2005 American Dream Downpayment Initiative; the 2005 Emergency Shelter Grant
(ESG) and through CDBG Program Income. Motion to open the public hearing. Moved:
Cm. Belmares Second:
Cm. For: 8 Against: 0 Abstain: 0 Mayor
Flores mentioned that the department has made changes under the Graffiti
Removal Program by adding $3,000.00 to buy the diesel truck in place of a gas
truck. The department is recommending
removing the $3,000.00 from the Community Development Administration
column. Ms.
Magdalena Martinez, resident of Colonia Hermosa, inquired
whether these funds could be used for the improvement of the homes. Motion to close the public hearing. Moved:
Cm. Galo Second:
Cm. Garcia For:
8 Against: 0 Abstain: 0 17. Public hearing and introductory ordinance
amending the City of Laredo FY 2004-2005 Annual
Budget by appropriating revenues and expenditures in the amount of $3,500.00
in funds from the Texas Department of State Health Services for the Public
Health Preparedness and Epidemiology Program of the City of Laredo Health
Department for the period beginning June 1, 2005 through August 31, 2005. Motion to open the public hearing. Moved:
Cm. Belmares Second:
Cm. Agredano For:
8 Against: 0 Abstain: 0 There was no public input. Motion to close the public hearing and
introduce. Moved:
Cm. Belmares Second:
Cm. Agredano For:
8 Against: Abstain: Ordinance Introduction: City Council 18. Public hearing and introductory ordinance
authorizing the City Manager to amend the City of 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. Agredano Second:
Cm. Belmares For:
8 Against: 0 Abstain: 0 Ordinance Introduction: City Council 19. Public hearing and introductory ordinance
amending the City of Laredo FY 2004-2005 Annual
Budget by appropriating revenues and expenditures in the amount of $50,000.00
in additional funds totaling $397,956.00 from the Texas Department of State
Health Services to meet the prenatal needs for the Maternal and Child Health
(MCH-Title V) Program of the City of Laredo Health Department for the period
beginning Motion to open the public hearing. Moved:
Cm. Belmares 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. For:
8 Against: 0 Abstain: 0 Ordinance Introduction: City Council 20. Public hearing and introductory ordinance
amending the City of Laredo FY 2004-2005 Annual
Budget by appropriating revenues and expenditures in the amount of $7,290.00
in additional funds totaling $141,632.00 from the Texas Department of State
Health Services to provide chronic disease health care for the La Familia Health Care Program of the City of Laredo Health
Department for the period of September 1, 2004 through August 31, 2005. Motion to open the public hearing. Moved:
Cm. Garcia Second:
Cm. For:
8 Against: 0 Abstain: 0 There was no public input. Motion to close the public hearing and
introduce. Moved:
Cm. Belmares Second:
Cm. Agredano For:
8 Against: 0 Abstain: 0 Ordinance Introduction: City Council 21. Public hearing and introductory ordinance
amending the City of Laredo FY 2004-2005 Annual
Budget by appropriating revenues and expenditures in the amount of $15,000.00
in additional funds, totaling $96,751.00 from the Texas Department of State
Health Services for the Title V Family Planning Services of the City of
Laredo Health Department for the period beginning September 1, 2004 through
August 31, 2005. 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. Belmares Second:
Cm. For:
8 Against: 0 Abstain: 0 Ordinance Introduction: City Council 22. Public hearing and introductory ordinance
accepting a grant awarded and amending the City of Motion to open the public hearing. Moved:
Cm. Garcia Second:
Cm. Amaya For:
8 Against: 0 Abstain: 0 There was no public input. Motion to close the public hearing and
introduce. Moved:
Cm. Agredano Second:
Cm. For:
8 Against: 0 Abstain: 0 Ordinance Introduction: City Council 23. Public hearing and introductory ordinance
accepting a grant awarded and amending the City of
Laredo FY 2004-2005 Annual Budget by increasing revenues and expenses in the
amount of $1,240.00 to reflect the actual grant amount of $99,916.00 awarded
by the Office of the National Drug Control Policy (ONDCP) High Intensity Drug
Trafficking Area (HIDTA), at no cost to the city, to fund the STX
Multi-Agency Drug Related Corruption Task Force. Funds will be used to pay
overtime, fringe benefits and operational expenses from Motion to open the public hearing. Moved:
Cm. Belmares Second:
Cm. Agredano For:
8 Against: 0 Abstain: 0 There was no public input. Motion to close the public hearing and
introduce. Moved:
Cm. Garcia Second:
Cm. Agredano For:
8 Against: 0 Abstain: 0 Ordinance Introduction: City Council 24. Public hearing and introductory ordinance
authorizing the City Manager to execute a reimbursement
agreement for the Santa Rita Subdivision 36 inch and 27 inch sanitary sewer
line with 13 applicants, who are named in the agreement, to provide for
possible reimbursement of part of the costs incurred by the applicants, in
constructing a 36 inch and 27 inch sanitary sewer line in south Laredo from
the South Laredo Wastewater Treatment Plant to the Laredo Community College and
across Hwy 83. 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. Belmares Second:
Cm. Amaya For:
8 Against: 0 Abstain: 0 Ordinance Introduction: City Council VIII. INTRODUCTORY
ORDINANCES 25. Authorizing a one time exemption for those
former United Water Laredo Employees who worked
for the City of Laredo prior to privatization and have been reinstated by the
City of Laredo, as of May 6, 2005, of the restrictions that would have
otherwise applied to these employees, specifically Code of Ordinances
sections 2-59 (D) –continuous employment for six months not required; 2-59
(H) –allowed credit for annual leave earned in excess of allowable maximum
amount which was paid to employee; 2-60 (K) –allowed credit for sick leave
earned in excess of allowable maximum amount which was paid to employee; 2-60
(A)(1) continuous employment for six months not required to charge days used
to serious illness pool; and 2-60(A)(4) –to credit the number of hours in
serious illness pool they had earned less the hours they used prior to
October 1, 2002; providing for severability and effective date. Ordinance
Introduction: City Council 26. Authorizing the City Manager to grant a
Right-of-Entry to the Ordinance
Introduction: City Council 27. Authorizing the City Manager to execute a
lease with Program,
for the rental of the parcel described as Lots 1, 2, 3, & 4, Block 321,
Eastern Division, City of Laredo, Webb County, Texas, for a term of two (2)
years, at a monthly rent of $575.00, and the form of said lease is attached
as Exhibit “A”; and providing for an effective date. Ordinance
Introduction: City Council 28. Authorizing the City Manager to execute a
lease with Program, for the rental of
the parcel described as Lots 6, 8, the W ½
of Lots 5 & 7, the North 56’ of Lot 4, and the W ½ of Lot 3, Block 912, Western Division, City
of Laredo, Webb County, Texas, for a term of two (2) years, at a monthly rent
of $625.00 and the form of said lease is attached as Exhibit “A”; and
providing for an effective date. Ordinance
Introduction: City Council 29. Authorizing the City Manager to execute a
lease with Program,
for the rental of the parcel described as Lots 7, 8, 9, 10, 11 & 12,
Block 1302, Eastern Division, City of Laredo, Webb County, Texas, for a term
of two (2) years, at a monthly rent of $525.00 and the form of said lease is
attached as Exhibit “A”; and providing for an effective date. Ordinance
Introduction: City Council 30. Amending Chapter 19, “Motor Vehicles and
Traffic”, Article VIII; Stopping, Standing or Parking
of the Code of Ordinances of the City of Laredo: Specifically Section 19-364, Restricted
Parking Areas, establishing a “Bus Only/No Parking Tow Away Zone”, everyday
between the hours of 3:00 a.m. and 10:00 p.m. on the east side of the 700
Block of Juarez, and on the north side of the 1300 Block of Farragut Street, and a “Taxicab Stand / No Parking Tow
Away Zone” everyday between the hours of 3:00 a.m. and 10:00 p.m., on the
south side of the 1300 Block of Matamoros Street,
within the City limits of Laredo;
providing for severability, for an effective date and publication. Ordinance
Introduction: City Council IX. FINAL Motion to
waive the Final Reading of Ordinances # 2005-O-127; # 2005-O-128; #
2005-O-129; # 2005-O-130; # 2005-O-131; # 2005-O-132; # 2005-O-133; #
2005-O-135; # 2005-O-136; # 2005-O-137; # 2005-O-138; # 2005-O-139; #
2005-O-140; # 2005-O-141; and #
2005-O-142. Moved: Cm. Galo Second: Cm. Agredano For: 8 Against: 0 Abstain: 0 31. 2005-O-127
Authorizing the City Manager to amend the City of 2004-2005
Annual Budget by increasing revenues in the amount of $9,000.00 to the City
of Laredo Health Department’s share of program income projected to be earned
through lab fees, dental co-payments, adult health lab fees, and Medicaid fee
reimbursements collected by the Texas Department of State Health Services
Office of Public Health Practice (OPHP) Program, grant period from September
1, 2004 through August 31, 2005. The program income generated will be applied
to further the activities and the scope of work of this program. Motion
to adopt Ordinance # 2005-O-127. Moved: Cm. Galo Second: Cm. Agredano For: 8 Against: 0 Abstain: 0 2005-O-128 Authorizing the City Manager to amend the
City of 2004-2005 Annual Budget by increasing
revenues in the amount of $2,000.00 to the City of Laredo Health
Department’s share of program income projected to be earned through
fees collected from client co- payments and Medicaid fee reimbursements
by the Texas Department of State Health Services-La Familia Health Care Program, grant period from generated will be applied to further the
activities and the scope of work of this program. Motion
to adopt Ordinance # 2005-O-128. Moved: Cm. Galo Second: Cm. Agredano For: 8 Against: 0 Abstain: 0 2005-O-129
Authorizing the City Manager to amend the City of 2004-2005 Annual Budget by increasing
revenues in the amount of 17,618.00 to the City of Laredo Health
Department’s share of program income projected to be earned through
fees collected from vaccines administered
by the Texas Department of State Health Services- Immunization Action Plan (IAP) Program,
grant period from January 1, 2004 through applied to
further the activities and the scope of work of this program. Motion
to adopt Ordinance # 2005-O-129. Moved: Cm. Galo Second: Cm. Agredano For: 8 Against: 0 Abstain: 0 2005-O-130 Authorizing the City Manager to amend the
City of 2004-2005 Annual Budget by increasing
revenues in the amount of $1,000.00 to the City of Laredo Health
Department’s share of program income projected to be earned through
fees collected from x-rays and Medicaid fee reimbursements by the Texas
Department of State Health Services-Tuberculosis Elimination
Program, grant period from generated will be applied to further the
activities and the scope of work of this program. Motion
to adopt Ordinance # 2005-O-130. Moved: Cm. Galo Second: Cm. Agredano For: 8 Against: 0 Abstain: 0 2005-O-131 Amending the City of appropriating revenues
and expenditures in the amount $86,124.00 in additional funds from the Texas
Department of State Health Services for a total budget amount of $549,201.00
for the Public Health Preparedness and Epidemiology Program of the City of
Laredo Health Department for the period beginning Motion
to adopt Ordinance # 2005-O-131. Moved: Cm. Galo Second: Cm. Agredano For: 8 Against: 0 Abstain: 0 2005-O-132 Authorizing the City Manager to amend the
City of 2004-2005 Annual Budget by increasing
revenues and expenditures in the amount of $12,274.00 from the
Motion
to adopt Ordinance # 2005-O-132. Moved: Cm. Galo Second: Cm. Agredano For: 8 Against: 0 Abstain: 0 2005-O-133 Amending the City of appropriating revenues and expenditures
in the amount of $27,500.00 from the Texas Department of State
Health Services – Office of Border Health for the City of Laredo Health
Department, period beginning June 1, 2005 through for the “Binational
Health to Foster Development” Conference to be held on Motion
to adopt Ordinance # 2005-O-133. Moved: Cm. Galo Second: Cm. Agredano For: 8 Against: 0 Abstain: 0 2005-O-135 Authorizing the City Manager to accept a
grant in the amount of $50,000.00 from the Texas Department of
Transportation for the Driving While Impaired Enforcement and
authorizing the City Manager to amend the City of of
$50,000.00. This grant is for overtime
salaries and fringe benefits which are
funded 100% by the Texas Department of Transportation. Motion
to adopt Ordinance # 2005-O-135. Moved: Cm. Galo Second: Cm. Agredano For: 8 Against: 0 Abstain: 0 2005-O-136 Authorizing the City Manager to accept and
execute the Federal Transit Administration (FTA) Grant, Section 5307,
TX-90-X664, in the amount of $2,081,869.00 for Fiscal Year
2004-2005; and to amend the Transit System’s Operating Budget by decreasing
the Fiscal Year 2004-2005 FTA Operating Grant contribution from
$3,200,000.00 to $2,081,869.00 and increasing the Transit sales tax
match for operating expenses from $4,079,947.00 to $5,198,078.00 and
providing for grant funds to be deposited in the
City of Motion
to adopt Ordinance # 2005-O-136. Moved: Cm. Galo Second: Cm. Agredano For: 8 Against: 0 Abstain: 0 2005-O-137
Authorizing the City Manager to execute an amendment to lease agreement authorized by Ordinance No.
2005-O-074 dated with Paul Young Properties, Ltd., for
approximately 3.632 acres of land located north of the Airport Passenger
Terminal at the its leasehold
interest to Paul Young Chevrolet, Inc. All other terms and conditions remain unchanged and in
effect; providing for an effective date. Motion
to adopt Ordinance # 2005-O-137. Moved: Cm. Galo Second: Cm. Agredano For: 8 Against: 0 Abstain: 0 2005-O-138 Authorizing the City Manager to execute an
amendment to the lease agreement
approved by Ordinance No. 91-O-266 dated December 2, 1991, and as amended by Ordinance No.
2000-O-210 dated August 28, 2000, with Josefa
Lago de Sarabia, Lessee,
for Hangar No. 162 located at the A. Extend the lease
term an additional five (5) years ending on B. Allow Lessee to
assign its leasehold interest; with prior written consent from Lessor; C. Apply insurance
proceeds received in the amount of Fourteen Thousand Seven
Hundred Forty-Six Dollars ($14,746.00) for Lessee’s use to
make structural roof repairs; and D. Waive Lessee’s
rental obligation for three months.
All other terms and conditions remain
in the same and in
effect;
providing for an effective date. Motion
to adopt Ordinance # 2005-O-138. Moved: Cm. Galo Second: Cm. Agredano For: 8 Against: 0 Abstain: 0 2005-O-139 Approving and authorizing the City Manager
to sign an interlocal agreement with (1) accepting a grant in the amount of
$50,000.00 from Webb County for lighting improvements at the baseball field at (2) accepting a grant in the amount of
$50,000.00 from Webb County for specified improvements to be done at Noon
Lions Park; and (3)
authorizing the City Manager to lease a parcel of 4,956.00 square feet out of
the Ladrillera Recreation Center Area to Webb County
for a term of 5 years at no rent, and 60 day right of termination and
commencing when this ordinance is passed; all as set forth in Exhibit 1
attached to this ordinance; and providing for effective date. Motion to adopt Ordinance # 2005-O-139. Moved:
Cm. Galo Second:
Cm. Agredano For: 8 Against:
0 Abstain: 0 2005-O-140 Closing as public easements those sections
of towards Subdivision, City of an effective
date. Motion
to adopt Ordinance # 2005-O-140. Moved: Cm. Galo Second: Cm. Agredano For: 8 Against: 0 Abstain: 0 2005-O-141 Authorizing the City Manager to execute all
necessary documents to effectively convey fee simple title to
Consuelo Lugo Rivas and Fred Boubel, Jr.
for the “Surface Only” at its adjusted market value of $3,641.00 for certain property described
as Tract “A” containing 661.66 sq. ft. (0.0152
of an acre), and Tract “B” containing 2,354.46 sq. ft. (0.0541 of an acre) both tracts being
out of the former north one-half section of that the City of easement; said tracts being situated in
the Eastern Division, City of Exhibits “A”, “B” and “C” and providing for
an effective date. Motion
to adopt Ordinance # 2005-O-141. Moved:
Cm.
Galo Second: Cm. Agredano For: 8 Against: 0 Abstain: 0 2005-O-142 Amending Chapter 19, “Motor Vehicles and
Traffic”, Article VIII; Stopping,
Standing or Parking, of the Code of Ordinances of the City of a
“No Parking Anytime/Tow Away Zone” on the east and west side of Between limits of publication. Moved: Cm. Galo Second: Cm. Agredano For: 8 Against: 0 Abstain: 0 X. RESOLUTIONS 32. 2005-R-058
Authorizing the City Manager to submit a grant application to the
United States
Environmental Protection Agency in the amount of $87,750.00 with the City
designating $29,250.00 in matching funds for a total of $117,000.00 for the
Chacon Creek Stream Restoration Project, Phase-2. There are two (2) projects sites covered by
this grant along Chacon Creek. Site 1
(27.95 acres) is the upper portion of the project area, which lies along Chacon Creek from
Highway 359 downstream to Highway 83.
Site 2 is the lower portion of the project area and includes a short
stretch of the stream immediately upstream for the Motion
to approve Resolution 2005-R-058. Moved: Cm. Galo Second: Cm. Agredano For: 8 Against: 0 Abstain: 0 33. 2005-R-059
A resolution of the City of Laredo, Texas authorizing intervention in
the AEP
Texas Central Company’s True Up Proceedings to be filed at the Public Utility
Commission of Texas, and authorizing the joining with other intervening Cities
to coordinate efforts to protect municipal and rate payer interests;
authorizing the hiring of attorneys and consultants; and requiring AEP for
reimbursement of the Cities’ rate making costs. Motion
to approve Resolution # 2005-R-059. Moved: Cm. Galo Second: Cm. Agredano For: 8 Against: 0 Abstain: 0 34. 2005-R-060
Declaring a public necessity to utilize the area under IH-35 between
Park Street
and Motion
to approve Resolution 2005-R-060. Moved: Cm. Galo Second: Cm. Agredano For: 8 Against: 0 Abstain: 0 35. 2005-R-061
To accept the findings of the Community Needs Assessment prepared by Fox,
Smolen and Associates, the Technical Evaluation
prepared by Columbia Telecommunications Corporation and the Franchise Fee
Audit and Financial Analysis prepared by C2 Consulting Services; of Time
Warner Cable for the City of Laredo Cable Franchise renewal process. (Action on item #62 recommended) Motion
to approve Resolution 2005-R-061. Moved: Cm. Galo Second: Cm. Agredano For: 8 Against: 0 Abstain: 0 36. 2005-R-062
Supporting the development by Laredo Racing Partners of a Class 2 Racetrack
Facility that would facilitate thoroughbred and quarter horse racing,
pari-mutuel betting and simulcast race wagering as a means to further promote
local tourism and economic development. Motion
to approve Resolution 2005-R-062. Moved: Cm. Galo Second: Cm. Agredano For: 8 Against: 0 Abstain: 0 XI. MOTIONS 37. Consideration for approval to annul the
construction contract with Brothers Paving, Inc., Mr. Ramon
Soliz, from Brothers Paving, stated that the reason they have been going back
and forth on this item is due to the bid bond requirement. He explained that he had obtained a performance
bond out of Motion to
approve. Moved: Cm. Galo Second: Cm. Agredano For: 8 Against: 0 Abstain: 0 Motion to
rescind the vote on motion # 37. Moved: Cm. Belmares Second: Cm. Valdez For: 8 Against: 0 Abstain: 0 Motion to
table. Moved: Cm. Belmares Second: Cm. For: 8 Against: 0 Abstain: 0 38. Consideration for approval to rescind the
selection of Cook-Joyce, Inc., for the design and permitting of the Motion to
approve. Moved: Cm. Galo Second: Cm. Agredano For: 8 Against: 0 Abstain: 0 39. Consideration for approval of Change Order
No. 4 a decrease of $822.50 for the balance of quantities actually
constructed in place, acceptance of the Seven Flags Park Rehabilitation and
approval of final payment in the amount of $40,813.49 to Rhino Builders,
Ltd., Motion to
approve. Moved: Cm. Galo Second: Cm. Agredano For: 8 Against: 0 Abstain: 0 40. Appointment of Mayor Pro Tempore as per
Ordinance 90-O-101 at the first meeting after all council members
are elected and qualified, City Council shall confirm one of the Council
Members who shall be known and designated as Mayor Pro Tempore. Motion to
approve the appointment of Cm. Jose A. Valdez, Jr. as Mayor Pro Tempore. Moved: Cm. Galo Second: Cm. Agredano For: 8 Against: 0 Abstain: 0 41. Consideration to authorize the City Manager
to sell surplus equipment to our Sister City of Motion to
approve. Moved: Cm. Galo Second: Cm. Agredano For: 8 Against: 0 Abstain: 0 42. Authorizing the City Manager to grant a
public fireworks display permit at the Country Club and at Fire Station #11
on Incorporated. Motion to
approve with a correction to replace location from Fire Station #11 to the
soccer field site at the Student Activity Complex. Moved: Cm. Galo Second: Cm. For: 8 Against: 0 Abstain: 0 43. To authorize the City Manager to execute an
agreement to retain the law firm of Baker Botts, LLP for a sum not to
exceed $80,000.00 to work with the City Attorney in the appeal of Martha
Escamilla et al vs. the City of Laredo, Cause No. 2004CVQ000450-D2, in the
District Court 111th Judicial District Webb County, Texas to the Fourth Court
of Appeals, San Antonio, Texas.
Funding is available in the General Fund. Motion to
approve. Moved: Cm. Galo Second: Cm. Agredano For: 8 Against: 0 Abstain: 0 44. Authorizing the City Manager to amend the
Laredo Development Foundation third party funding contract
Section 4 by increasing the awarded amount by $30,600.00 from $407,400.00 to
$438,000.00. Funding is available in
the General Fund. Motion to
approve. Moved: Cm. Galo Second: Cm. For: 8 Against: 0 Abstain: 0 45. Authorizing the City Manager to enter into
a contract with Martinez Pharmacy in the amount not to exceed
$51,545.00, to provide public health services to clients of the HIV/AIDS
Programs of the City of Laredo Health Department for the period beginning Motion to
approve. Moved: Cm. Galo Second: Cm. Agredano For: 8 Against: 0 Abstain: 0 46. Adopting a schedule of hearings and
proceedings for voluntary and unilateral annexations for
calendar year 2005, in accordance with Section 43.052 of the Texas Local
Government Code. Motion to
approve. Moved: Cm. Galo Second: Cm. Agredano For: 8 Against: 0 Abstain: 0 47. Consideration to award contract number
FY05-103, to the low bidder, Home Depot, Motion to
approve. Moved: Cm. Galo Second: Cm. Agredano For: 8 Against: 0 Abstain: 0 48. Consideration to award annual contract
FY05-074, to the low bidders, Wholesale, Motion to
approve. Moved: Cm. Galo Second: Cm. Agredano For: 8 Against: 0 Abstain: 0 49. Consideration to award service contract
FY05-098 to Corpus Christi Harley-Davidson, Motion to
approve. Moved: Cm. Galo Second: Cm. Agredano For: 8 Against: 0 Abstain: 0 50. Consideration to award contract FY05-099 to
Nick Benavides, total amount of $38,000.00,
for the cleaning of a section of Zacate Creek located north of the Zacate
Creek Wastewater Treatment Plant.
Funding is available in the Environmental Services Department Budget. Motion to
approve. Moved: Cm. Galo Second: Cm. Agredano For: 8 Against: 0 Abstain: 0 51. Consideration to authorize the purchase of
a pavilion shelter from Hunter-Knepshield of Motion to
approve. Moved: Cm. Galo Second: Cm. Agredano For: 8 Against: 0 Abstain: 0 52. Consideration to award contract number
FY05-102, to the low bidders, Precision Delta Corporation,
Ruleville, MS, in the amount of $64,455.00; Dakota Ammo, Inc., Sturgis, S.D.,
in the amount of $7,693.50; and G.T. Distributors, Inc., Austin, TX., in the
amount of $6,841.02 for the purchase of practice and duty ammunition for the
Police Department. Bids were requested
on the following ammunition types: .45 ACP, 9mm, 40 cal., 38 cal., .45 Plus,
.380 and .223 cal. The Police
Department’s recommendation is based on a specific brand of ammunition. Funding is available in the Police
Department budget. Motion to
approve. Moved: Cm. Galo Second: Cm. Agredano For: 8 Against: 0 Abstain: 0 53. Consideration to award contract FY05-097 to
Clark Hardware LTD., the estimated annual
amount of $40,000.00 for the purchase of plumbing supplies for city
maintenance and repair projects. This
is an annual contract and all items will be purchased on an as needed basis
throughout the year for various city departments. Funding is available in the Parks and
Recreation Department, Airport, Public Works, Motion to
approve. Moved: Cm. Galo Second: Cm. Agredano For: 8 Against: 0 Abstain: 0 54. Consideration to rescind the contract
amount awarded by the City Council on June 6, 2005 to Arguindegui Oil Co, Laredo, Texas, for bid FY05-076 for
the purchase of unleaded and low sulfur and high sulfur diesel fuel; and
consideration to award this contract to Oil Patch Petroleum, Inc., Corpus
Christi, Texas. Arguindegui
Oil Co. has notified the City that they made a mistake in their bid contract
pricing and will be unable to fulfill the contract requirements. Funding is available in the Fleet
Maintenance Fund. Motion to
approve. Moved: Cm. Galo Second: Cm. Agredano For: 8 Against: 0 Abstain: 0 55. Consideration to award contract number FY05-073,
to the low bidder meeting specifications, Landfill
Service Corporation, Motion to
approve. Moved: Cm. Galo Second: Cm. Agredano For: 8 Against: 0 Abstain: 0 56. Consideration to award contract number
FY05-088, to Phoenix Recycling, Pawleys Island, SC.
in the amount of $92,475.00 for the purchase of 1.5 million plastic bags for
use in the City’s Recycling Program.
The bid pricing is thirty two (32) percent higher than the previous
purchase amount. Funding is available
in the Solid Waste Fund. Motion to
approve. Moved: Cm. Galo Second: Cm. Agredano For: 8 Against: 0 Abstain: 0 57. Consideration to renew the contract for the
collection of delinquent property taxes with De Anda Law Firm for the period of Motion to
approve. Moved: Cm. Galo Second: Cm. Agredano For: 8 Against: 0 Abstain: 0 58. Refund of property tax in the amount of
$12,659.45 to the following taxpayers and companies: 1. A refund in the amount of $2,015.05 payable
to Green Tree Servicing due to an overpayment. Account # 812-06000-364. 2. A refund in the
amount of $4,077.72 payable to Benchmark Energy Products due to a decrease in value as
certified by the Webb County Appraisal Review Board. Supplement #10. Account# 801-02024-135. 3. A refund in the amount of $6,566.68 payable
to Alexander Investments due to a decrease in value
as certified by the Webb County Appraisal Review Board. Supplement #10. Account# 324-00041-010. Motion to
approve. Moved: Cm. Galo Second: Cm. Agredano For: 8 Against: 0 Abstain: 0 59. Approving monthly adjustments to the tax
roll. The amount to be adjusted for the month of May 2005 represents
a decrease of $38.53. These adjustments are determined by the Webb County
Appraisal District and by court orders. Motion to
approve. Moved: Cm. Galo Second: Cm. Agredano For: 8 Against: 0 Abstain: 0 60. Authorizing the City Manager to execute a
Letter of Intent agreement with The Laredo Water
Company, through its managing partner B1, LLC, (referred to as “Company”)
that will authorize the City Manager to enter into non-exclusive, formal
discussions and negotiations of terms related to the Company’s proposal to
sell water to the City of Motion to
approve. Moved: Cm. Galo Second: Cm. Agredano For: 8 Against: 0 Abstain: 0 61. Consideration to reject the two bids
received for the Laredo Street Drainage Improvements
Phase I since both bids are 45% to 67% over the projected consultant cost
estimate and over the project budget; and approval to revise the plans and
re-bid the
project. Motion to
approve. Moved: Cm. Galo Second: Cm. Agredano For: 8 Against: 0 Abstain: 0 XII. STAFF REPORTS 62. A. Presentation
by Blasita J. Lopez, Public Information and Telecommunications Manager,
Fox Smolen and Associates and C2 Consulting
Services summarizing the findings of independent studies conducted for the
franchise renewal with Time Warner Cable. ·
Review entailed a
physical inspection of the headend or the ·
Finding #1: Signal quality issues with broadcast from
Mexico-not our jurisdiction. Improve
quality of the signal imported from ·
Finding #2: Fiber in generally good condition. ·
Finding #3: PAC broadcast quality functioning
properly. This must be maintained by
conversion to digital technology; enhanced audio transmission capability by
providing a second audio channel and stereo sound; upgrade to a digital file
server/automation system. ·
Finding #4: Redundancy for various I-Net sites and
identified the extension of the I-Net to Connie
Kennedy, President of C2 Consulting Services, discussed the franchise fee
analysis which was issued in December, 2004.
She explained that the review looks at the provisions of the franchise
fee agreement to see what and how franchise fees are supposed to be remitted
to the City. There were nine different
issues that were noted during the analysis.
Time Warner saw the report and they responded in February to those
issues. She stated that there were
five issues that they were in agreement.
There were some minor calculation errors where an allocator
had not been appropriately assigned. She
explained by saying that there were certain revenues that were not subscriber
specific, such as advertising revenues, that have to be allocated to the City
based on the total number of subscribers in the system. The company has agreed with the amount
found within those miscellaneous errors and it is about $6,700.00 that they
agreed was owed on those issues. Also,
the company agreed that in some deductions they were double counting some
refunds and rebates and they agreed that they would remit the franchise fees
based on that double counting. The
company has also agreed that they had not included revenues from the
infomercials that had not been included in the revenue calculations. There was also an issue regarding collection
agencies remitting some money to them.
The company did not necessarily agree with the findings, but did agree
to pay on the issue which was $90.00.
There was an offsetting issue as well where they were actually paying
on some sales tax that they should not have included. The net on all the items that they agreed
on comes to approximately $1,700.00 before interest. There were four very large items that were
discussed in the report that the company did not agree to and there is ongoing
communication between the attorney working with the City on this project and
the company on those issues. The
company does not agree that they should pay on pole attachment although these
are revenues. They do not agree on
paying on any cable construction where the company is receiving revenue from
a consumer. The company does not agree
that it should reimburse for the revenues received from vendors who remit
money back to the company and which are classified as programmer
receipts. She mentioned that these
items where the company is in major disagreement are still under
discussion. She added that her report
shows that they do not agree to $44,000.00 due to the City in unpaid
franchise fees and Time Warner has agreed to less than $1,700.00. Paul Smolen, of Fox Smolen and
Associates, stated that they conducted some telephone polls and provided the
City Council with their results. He
mentioned that the redundancy of the I-Net sites is vital to the City of Marilyn
Fox, of Fox Smolen and Associates, stated that she
was in charge of reviewing the compliance area of customer service. Under current law, a City can adopt the FCC
standards but if it prefers, it can adopt more standards than are
required. She stated that she included
a score card which outlines the City’s franchise requirements and the FCC’s
standards. She reported that there
were eight areas in which they did agree with the FCC standards. She added that there are areas under the
current franchise that are not exactly the same as the FCC standards. From the company’ perspective, there is
some confusion as to which ones they are going to comply with. She explained that one of those things was
the amount of times that the outages were to be addressed. The
company has the records of when they responded but they did not really
measure the length of time when they responded to the problem versus getting
the problem fixed. She advised the City Council to take a look
at the whole body of customer service standards and make some well defined
requirements for reporting; make sure the company knows what those are; and
if they do not follow those requirements, then have some strong financial
remedies written into the agreement. XIII. GENERAL COUNCIL
DISCUSSIONS AND PRESENTATIONS 63. A. Request
by Council Member John C. Galo 1. Discussion with possible action regarding
obtaining insurance coverage of pre-existing exclusions as it
pertains to former United Water Laredo employees who worked for the City of Dan Migura,
Administrative Services Director, reported that the City has a health
benefits plan that describes how it will conduct the benefits. He stated that all new employees must meet
a six or 12-month exclusion on pre-existing conditions. He explained the situation involving those
employees who worked for the City, who got privatized with United Water, and
have now come back to work for the City.
He is working on whether they should be considered as employees who
had been with the City all along. One
of the issues they have to resolve is whether the City has the ability to
waive the pre-existing condition. In
doing so, the City needs to learn whether the stop-loss carrier is going to
take that risk. He mentioned that the
stop-loss carrier is willing to take on that risk with those employees. He is requesting that City council waive
the requirement for the pre-existing condition on all those employees. Motion to
waive the requirements for the pre-existing condition exclusions as it
pertains to former United Water employees who worked for the City of Moved: Cm. Belmares Second: Cm.
Garcia For: 8 Against: 0 Abstain: 0 2. Discussion with possible action regarding
the acquisition of 20 acres for the future development of
a water/spray park. Cm. Galo stated that most people have a problem with the
terminology of what a water/spray park is.
He mentioned that this could be a great success and could be done at a
much larger scale. He stated that
Horacio De Leon has reported that there are already some people who are
interested in developing the park. He
mentioned that the first phase is going to be the acquisition of land that is
accessible to our residents and to the tourists as well. Cm. Valdez
mentioned that he would like to propose that the City look at using the area
recently purchased for the multi-level parking structure which has 48
acres. Cm. Galo requested that Horacio De Leon, Parks Director, make
contact with those individuals who had shown an interest in the water/spray
park and return to City Council with a report. 3. Discussion with possible action regarding
the City’s ability to re-route the City’s colonia water and sewer lines around
those areas for which right of way and
or easement is denied by the property owner and to eliminate those areas from
the project. Cm. Galo stated that the Supreme Court has ruled in favor of
the municipalities and governmental agencies that possess eminent domain
power and there need not be that great a necessity to push this forward. He stated that the County already has the
ability to condemn those property owners who do not want to participate. City
Manager Dovalina stated that in order to condemn, the City would have to have
the funds identified and available to pay for the costs involved. Cm. Valdez
suggested that the City instruct staff to talk to the Cm. Galo inquired whether the engineers have been instructed
to re-route the lines. City
Manager Dovalina stated that in some instances the engineers have re-routed
the water and sewer lines around those property owners who are reluctant to
grant the City a right-of-way. Pablo
Martinez, of the Utilities Department, stated that they have been working
with the property owners and the County to do changes on the alignment of the
water lines and sewer lines. He added
that there are other changes still pending because there is a concern on some
lots because the property is owned by several family members and assignment requires
their signature. Cm. Galo inquired when the Utilities Department believes the
first colonia residents will be able to have water
from the line to their individual property. Pablo
Martinez stated that they have a project called Tanquesitos
#2 for which plans and specifications are
complete. They are looking at bidding out
that particular project in the next three months. He added that every project takes
approximately one year from the time of construction to complete. B. Request by Council Member Gene Belmares 1. Discussion with possible action regarding
the installation of speed humps on Village Boulevard, east of Motion to
approve the use of $5,300.00 from District VI discretionary funds for the
installation of speed humps. Moved: Cm. Belmares Second: Cm. Valdez For: 8 Against: 0 Abstain: 0 2. Discussion with possible action regarding
the maintenance of the American Electric Power (AEP) easement between Candlewood
and Motion to
table. Moved: Cm. Belmares Second: Cm. Valdez For: 8 Against: 0 Abstain: 0 C. Request by Council Member Juan Ramirez 1. Discussion with possible action regarding
the installation of traffic lights at and San Enrique
and Houston and San Enrique Streets. Motion to
proceed with a traffic study. Moved: Cm. Ramirez Second: Cm. Valdez
For: 8 Against: 0 Abstain: 0 2. Discussion with possible action regarding
the 4th of July parade and providing an electrician for
the July 4th festivities at the Civic Center Ballroom. Cm. Ramirez
stated that he has been approached to request an electrician. Mayor
Flores stated that the 3. Discussion with possible action regarding
odor control and traffic at the intersection of Cm. Ramirez
stated that La Posada has done some remodeling on their property and they
have moved their registration desk to the west. Heberto
Ramirez, Utilities Director, stated that the sewer line that goes on Riazul Mia,
Environmental Services Director, reported that a vacuum truck goes down
almost every week to the downtown area and vacuums that area. They are asking consulting firms to submit
their Request for Qualifications proposal for the evaluation of the downtown
storm sewer systems and illegal connections.
XIV. EXECUTIVE SESSION The City
Council hereby reserves the right to go into executive session at any time
during this public meeting, if such is requested by the City Attorney or
other legal counsel for the City, pursuant to his or her duty under Section
551.071(2) of the Government Code, to consult privately with his or her
client on an item on the agenda, or on a matter arising out of such item. XV. RECESS AS THE Motion to
recess as the Laredo City Council and convene as the Laredo Mass Transit
Board. Moved: Cm. Galo Second: Cm. For: 8 Against: 0 Abstain: 0 64. Consideration for approval to award a
construction contract to the lowest bidder, ALC Construction,
LLC, Motion to
approve. Moved: Cm. Galo Second: Cm. Amaya For: 8 Against: 0 Abstain: 0 65. Consideration for approval to award a
construction contract to the sole bidder J. Solis Maintenance
and Welding Services, Motion to
approve. Moved: Cm. Galo Second: Cm. Amaya For: 8 Against: 0 Abstain: 0 66. Consideration to rescind the contract
awarded by the Mass Transit Board on June 6, 2005 to Arguindegui Oil Co., Laredo, Texas for bid FY05-076 for
the purchase of unleaded and low sulfur and high sulfur diesel fuel; and
consideration to award this contract to Oil Patch Petroleum, Inc., Corpus
Christi, Texas. Arguindegui Oil Co. has notified
the City that they made a mistake in their bid contract pricing and will be
unable to fulfill the contract requirements.
Funding is available in the Transit Fund. Motion to
approve. Moved: Cm. Galo Second: Cm. Amaya For: 8 Against: 0 Abstain: 0 XVI. ADJOURN AS THE 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 SUPPLEMENTAL AGENDA I. GENERAL
COUNCIL DISCUSSIONS AND PRESENTATIONS 1.
A.
Request by Council Member Jose A. Valdez,
Jr. 1. Discussion with possible action to
consider naming the new community center located at 1601 Farias,
the " Motion to
approve. Moved: Cm. Second: Cm. Galo For: 8 Against: 0 Abstain: 0 II. ADJOURNMENT
Motion to adjourn. Time:
Moved:
Cm. Second:
Cm. Amaya 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 38 and
they are true, complete, and correct proceedings of the City Council meeting
held on ______________________________ Gustavo
Guevara, Jr. City
Secretary |