CITY OF LAREDO

CITY COUNCIL MEETING

M2005-R-17

CITY COUNCIL CHAMBERS

1110 HOUSTON STREET

LAREDO, TEXAS 78040

September 6, 2005

5:30 P.M.

 

I.          CALL TO ORDER

 

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

II.        PLEDGE OF ALLEGIANCE

 

            Mayor Flores led in the Pledge of Allegiance.

III.       ROLL CALL

 

            In attendance:

 

            Elizabeth G.  Flores,                                                                 Mayor

            Hector Garcia,                                                                          Council Member, District II

            John C.  Galo,                                                                          Council Member, District III

            Johnny Amaya,                                                                         Council Member, District IV

            Johnny Rendon,                                                                        Council Member, District V

            Gene Belmares,                                                                        Council Member, District VI

            Jose A.  Valdez, Jr.,                                                                 Mayor Pro Tem, District VII

            Juan Ramirez,                                                                           Council Member, District VIII

            Gustavo Guevara, Jr.,                                                               City Secretary

            Larry Dovalina,                                                                         City Manager

            Cynthia Collazo,                                                                       Deputy City Manager

            Jaime Flores,                                                                            City Attorney

 

            Motion to excuse Cm.  Agredano.

           

            Moved:  Cm.  Amaya

            Second:  Mayor Pro Tempore Valdez

            For:     7                                               Against:  0                                            Abstain:  0

IV.       MINUTES

 

            Approval of the minutes of July 18, 2005 and August 29, 2005.

 

            Motion to approve.

 

Moved:  Cm.  Ramirez

Second:  Mayor Pro Tempore Valdez

For:     7                                               Against:  0                                            Abstain:  0

           

V.        COMMUNICATIONS AND RECOGNITIONS

 

            Announcements

 

Cm. Garcia invited the public to the festivities to be held tomorrow, September 7, 2005, in celebration of the 250th day of the year.  The event will take place at the San Agustin Plaza grounds from 5:00 p.m. to 10:00 p.m.  He congratulated the KGNS-TV anchors and crew along with the people from the Muscular Dystrophy Association for their hard work at the telethon.  He added that he was overwhelmed by the community’s outpouring of support and pledges to assist those individuals who are afflicted with the disease.  

 

Cm. Galo expressed his condolences to all those families affected by Hurricane Katrina.  He also thanked the Laredo Police Department for the officers’ assistance in collecting food items, clothing, and money for some of the affected families.  He stated that several officers  went to deliver the items to those victims who are temporarily housed in Houston, Texas.  He mentioned that he attended an event in honor of our war veterans.  He explained that there is now a portion of IH-35 from Texas to Oklahoma known as the Purple Heart Trail dedicated to all those veterans who have received a Purple Heart medal. 

 

Cm. Amaya mentioned that he distributed 155 backpacks filled with school supplies to the children in his district.  He thanked all the counselors from the participating schools, the Fire Department, the Police Department and the Special Projects Committee members. 

 

Cm. Rendon thanked the philanthropist who gives generously to the MDA telethon.  He stated that this individual always makes a very generous donation and this is what put the total pledges received over the $118,000.00 mark.  He reminded everyone that firefighters are always on the front line and always willing to assist in times of crisis.  He mentioned that he is very proud of the firefighters who held a bucket brigade and raised $56,000.00 in only eight hours for the victims of Hurricane Katrina. 

 

Cm. Belmares echoed what the Council Members stated that during times of crisis, the community has always come together and offers a helping hand.  He also stated that football season has begun and he would like to caution parents to behave in a manner that exudes sportsmanship. 

 

Mayor Pro Tem Valdez stated that he represented Mayor Flores at the Laredo Independent School District H.O.S.T. program.  He congratulated Rosita Martinez for her coordinating efforts in this impressive program at the different campuses.  He mentioned that he would like to have her make a presentation to the City employees and maybe encourage some of them to participate in the program.   He stated that he also participated at the MDA telethon yesterday and congratulated all the people involved for the fine job they did in preparing and executing this fundraising campaign. 

 

Mayor Flores commented on an article in the local newspaper written by Abe Levy.  She stated that the article was poorly written because it spoke of the progress and scheduled completion of the El Portal project by the riverbanks and somehow linked this project with the increased violence across the border in Nuevo Laredo.  She mentioned that she is writing a response to this newspaper writer because he added an unnecessary twist to what should be have been a positive and newsworthy article on the economic progress in Laredo.  

 

            Invitations

 

            Recognitions

 

a.  Recognition of Roberto Placido Hernandez for his selection as the winner of the Keep

     Laredo Beautiful logo contest.

 

Mayor Flores and the City Council presented Mr. Hernandez with a Seven Flags Certificate of Recognition for his creative talents and beautiful artwork. 

 

            Communiqués

 

a.  Mayor Elizabeth G. Flores reports on the City of Laredo Bridge Department.

 

The Laredo Bridge System was created in 1884 when an act of Congress authorized the construction of a bridge over the Rio Grande River between the cities of Laredo and Nuevo Laredo.  The mission of the Laredo Bridge System is to serve as the most convenient and safest crossing point for all citizens and tourists of both the United States and Mexico, as well as to facilitate the most efficient transportation of all freight and import-export trade that utilize the Port of Laredo.  The Laredo Bridge System is the envy of all points of entry along the U.S.-Mexico border, as well as the U.S.- Canadian border, and is the primary ingredient in the City of Laredo’s mission statement:  To ensure prosperity for the community by maximizing Laredo’s preeminent position as the largest inland trade hub in the Americas. 

 

The Laredo Bridge System:

·        Has four international bridges

·        Has over 200 employees

·        Has a yearly operational budget of over $10 million

·        Has a projected revenue stream of over $38 million

·        Is the only international bridge system to operate bridges between two major states in Mexico:  Tamaulipas and Nuevo Leon

·        Is responsible for international commerce on the largest inland port in the country

·        Works with virtually every major freight carrier in the U.S.

·        Facilitates the movement of close to 5,000 south-bound commercial trucks a day

·        Facilitates the movement of over 25,000 south-bound non-commercial vehicles a day

·        Facilitates the movement of over 16,000 south-bound pedestrians a day

·        Is responsible for moving cargo, both exports as well as imports, in excess of $130 billion a year, ranking #4 of the Top 25 Customs Trade Districts in the world, surpassed only by Los Angeles, New York City, and Detroit

·        Is the most technologically advanced international trade system in the country with its AVI and Weigh-In-Motion processing

 

The Laredo Bridge System has taken on additional tasks, improvement projects to help make various aspects of their crossing points safer, more efficient and aesthetic architectural marvels.  These projects include:

 

·        El Portal with an investment of $20,000,000

·        Being responsible for securing El Portal Retail Space Leasing

·        Santa Ursula Connector (down ramp), investing $5,000,000

·        Bridge II Widening and SENTRI lane, investment of $1,200,000

·        Colombia Bridge Erosion & Span Rehab, investing $3,000,000

 

b.  Report on the Convenio, “Reforma Integral del Sistema de Seguridad y Justicia”.

 

Mayor Flores reported on a conference she attended in Nuevo Laredo which was hosted by the Governor of Tamaulipas.  She explained that the government is working on reforms to their judicial code and the reforms that are going to be made are not only to their judicial code but also reforms to each one of the laws affecting every state that prevents them from prosecuting cases swiftly. 

 

VI.       APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES

           

None.  

     

VII.     PUBLIC HEARINGS

 

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

City of Laredo by rezoning 5.6 acres, as further described by metes and bounds in attached Exhibit “A”, located at 4307 Loop 20, from R-1 (Single Family Residential District) to B-4 (Highway Commercial District); providing for publication and effective date.  The Planning & Zoning Commission recommended denial of the proposed zone change.

 

Motion to postpone.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:      7                                         Against:  0                                            Abstain:  0

 

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

City of Laredo by rezoning Lots 5 & 6, Block 1012, Western Division, located at 4001 Santa Maria Avenue, from B-1 (Limited Commercial District) to B-3 (Community Business District); providing for publication and effective date.  The Planning & Zoning Commission recommended denial of the proposed zone change.  

 

Motion to open the public hearing.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:      7                                         Against:  0                                            Abstain:  0

 

There was no public input.

 

 

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

 

Moved:  Mayor Pro Tempore Valdez

Second:  Cm.  Galo

For:      7                                         Against:  0                                            Abstain:  0

 

3.  Second public hearing for the adoption of a tax rate of $0.637000 per $100.00 value. The

tax rate will provide revenue for general fund and debt service. The rate includes $0.512019 per $100.00 value for Maintenance and Operation and $0.124981 per $100.00 value for the Interest and Sinking Fund of the Debt Service and will produce a tax levy of $47,466,861.00.

 

Motion to open the public hearing.

 

Moved:  Mayor Pro Tempore Valdez

Second:  Cm.  Amaya

For:      7                                         Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Galo

Second:  Cm.  Garcia

For:      7                                         Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

4.  Public hearing and adoption of Resolution No. 2005-R-083 adopting the 2006 – 2010

     Capital Improvement Program for the City of Laredo.

 

Motion to open the public hearing.

 

Moved:  Cm.  Garcia

Second:  Cm.  Amaya

For:      7                                         Against:  0                                            Abstain:  0

 

There was no public input.

 

Mayor Flores stated that the following two new projects are not currently in the CDBG area, therefore, the funding source must reflect as being unfunded at this time:  East Hachar Library Branch and the Concord Hills Park

 

Motion to close the public hearing and adopt.

 

Moved:  Cm.  Belmares

Second:  Cm.  Garcia

For:      7                                         Against:  0                                            Abstain:  0

 

 

5.  Public hearing and introductory ordinance amending Chapter 19, Motor Vehicle and

Traffic, Article VII Stopping, Standing or Parking, Section 19-362 City-Owned Parking Lots, Rates and Hours of Operation of the Code of Ordinances of the City of Laredo to reduce the monthly parking lot rate for specific parking lots from $60.00 to $40.00 to provide affordability to customers, more particularly to employees of downtown businesses; deleting Bridge I parking lot regulations due to non-existence; and providing for severability, publication and effective date.

 

Motion to open the public hearing.

 

Moved:  Cm.  Garcia

Second:  Cm.  Galo

For:      7                                         Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Galo

Second:  Cm.  Garcia

For:      7                                         Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

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

Ordinances as follows: Chapter 2, Article II, Division 6 (Pay Administration), Section 2-87.7 (12)(a), providing for a cost of living adjustment increase of 2.5%, except as otherwise stated in any Collective Bargaining Agreement; providing for an effective date of September 25, 2005.

 

Motion to open the public hearing.

 

Moved:  Cm.  Belmares

Second:  Cm.  Amaya

For:      7                                         Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Valdez

Second:  Cm.  Amaya

For:      7                                         Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

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

multi year lease with the sole bidder El Portal Bridge Retail, L.P., a joint venture between El Portal Center, LLC owned by Horizon Group Properties, Inc., and Morgan

Stern Realty Holdings and Laredo Duty Free Partners, LLC, an affiliate of Duty Free Americas that operates UETA Duty Free Stores. The leased property consists of approximately 32,542 square feet of unfinished retail space located at the corner of Convent and Water Street.

 

     Lease will consist of:

1. Twenty (20) year term;

 

2. Annual rent: 

 

  Yrs. 1-4…..$488,130.00/yr. payable in equal monthly

         installments of $40,678.00

 

  Yrs. 5-8….$502,775.00/yr. payable in equal monthly

   installments of $41,898.00

             

   Yrs. 9-12…$517,858.00/yr. payable in equal monthly

   installments of $43,155.00

             

   Yrs. 13-16...$533,393.00/yr. payable in equal monthly

   installments of $44,449.00

             

   Yrs. 17-20…$549,395.00/yr. payable in equal monthly

   installments of $45,783.00

 

3.  Percentage rent: In addition to the minimum annual rent, Tenant shall pay as percentage rent three percent (3%) of each dollar of Gross Retail Sales exceeding the following breakpoints (each a (“Breakpoint”):

Yrs. 1-4……..$400 per square foot of retail space

Yrs. 5-8……..$412 per square foot of retail space

Yrs. 9-12……$424 per square foot of retail space

Yrs. 13-16…..$437 per square foot of retail space

Yrs. 17-20…..$450 per square foot of retail space

 

4. Tenant pays all taxes and utilities;

 

5. Tenant pays for all “common area” expenses.

 

Motion to open the public hearing.

 

Moved:  Cm.  Garcia

Second:  Cm.  Amaya

For:      7                                         Against:  0                                            Abstain:  0

 

Mr. Ross Kaladi, from HK Global, expressed his dissatisfaction with the way this proposal was handled.  He stated that he had spoken to the City Manager over a year ago and at that time he expressed his interest in submitting a proposal to the City. 

 

Rafael Garcia, Bridge Director, stated that the City did place an advertisement in the newspaper back in October, 2004, in order to inform any interested parties to submit a proposal for this lease of retail space.

 

Cm. Belmares inquired what the typical price is per square footage for lease space in the downtown area and also what the total lease space available for this property.

 

Rafael Garcia replied that the total retail space for this particular property is 32,542 square feet.  He stated that there are different rates for retail space within the downtown area but added that he feels strongly that there is no lease agreement with better lease terms. 

 

Cm. Galo stated that he feels that leasing the space at $1.25 per square foot is not a good bid amount.  He stated that if the City Manager and Larry Friedman both knew that this individual had expressed an interest earlier, perhaps this individual should have been informed of the submission deadline for this project.  He added that it would have benefited the City to have multiple bidders. 

 

City Manager Larry Dovalina stated that whenever the City provides notice to the public for the Request for Proposals, the City does not make contact with anyone.  He explained that once the Request for Proposals goes out, it is not ethical to make contact with any individual bidding on the proposal.  Once the bid is received and accepted, then at that point the City negotiates the proposal and tries to make the proposal acceptable. 

 

Cm. Galo inquired whether the price per square footage is for gross retail sales of retail space only.   

 

Rafael Garcia confirmed that this was correct.    

 

Cm. Galo stated that the City should reject the bid, if nothing else, due to the moderate price itself.  He inquired as to when the bid closed for this retail lease space.  He then inquired whether, at the time, there was a presentation made before City Council as to what the bid being proposed by this sole bidder was.

 

Rafael Garcia replied that the City is following the exact same process that was followed for another property being leased to UETA.      

 

Cm. Galo inquired as to what the square footage price was for that particular property.

 

Rafael Garcia stated that the lease was for 3% of sales and for the first $3,000,000.00 and over that would be 3.5% in addition to the $8,000.00 per month with increments of $1,000.00 per year. 

 

Mr. Kaladi stated that his company has the capability to handle those kinds of rental rates that the City asked for.  He added that they have over $100,000,000 in sales in downtown Laredo and have 500,000 in square foot warehouse space as well. 

 

Cm. Rendon inquired whether there was another individual who was interested in this project.  He commented that an effort should have made to contact that other individual who showed an interest in the leased property. 

 

Mayor Pro Tem Valdez stated that he had a concern regarding the square footage price for this property lease.  He stated the fact that Mr. Kaladi had shown an interest in the property lease that is great news, but how could the City ultimately have known how much interest was generated among potential business owners. 

 

City Manager Larry Dovalina stated that after the Request for Proposals closed, he spoke to Mr. Kaladi and he had asked him why he had not submitted his proposal.  He added that shortly after that, Mr. Kaladi had his comptroller send the City Manager’s Office a letter asking that he be placed on any future list for bid proposals.  

 

Cm. Ramirez inquired from the City Attorney whether City Council could reject this proposal and go out for a new Request for Proposals. 

 

City Manager Larry Dovalina stated that now the current bidder is exposed and the other potential bidders have now heard what was already proposed. 

 

Cm. Galo stated that the City Council could still reject the bid due to the price not being sufficient. 

 

Bruce Cole, a partner with Morgan Stern Realty Holdings, stated that no one from the City Manager’s Office had made contact with his firm in advance that a Request for Proposals would be coming up back in October, 2004.  He stated that they made contact with this individual a couple of months before the Request for Proposals was made public because they were looking for someone to help minimize their risk in taking on this project and perhaps come in as a partner with Morgan Stern.  He added that the City of Laredo has been thorough in trying to do what is best for the City in negotiating all the terms for this property.   

 

Cm. Belmares stated that he is not satisfied with the square footage price for lease space but is concerned with maintaining the integrity of the process for submission of Request for Proposals. 

 

Cm. Galo stated that the process is not intact because the City was able to negotiate the terms for nine months without bringing an item to City Council to provide City Council some type of notice in order to provide some guidance.

 

Motion to close the public hearing and reject the bid on the basis of the $1.25 price per square footage.

 

Moved:  Cm. Galo

Second:  Cm. Ramirez

 

No vote was taken.

 

Mr. Allen Davidoff, with Horizon Group Properties, explained that on the original negotiations they bid something below $488,000.00 but it was a gross lease.  He added that what is critical for them is the percentage rent accounts which is where the true rent comes in.  

 

Motion to table the item until the next meeting. 

 

Moved:  Mayor Pro Tem Valdez

Second:  Cm.  Belmares

For:      7                                         Against:  0                                            Abstain:  0

 

Motion to lift item from the table.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     7                                          Against:  0                                            Abstain:  0

 

Cm. Galo noted that staff needs to get two property appraisals to ensure that the price quoted in said contract is market value for comparable space.

 

Motion to table the item to amend the motion with instructions to come back with two appraisals.

 

Moved:  Mayor Pro Tem Valdez

Second:  Cm.  Belmares

For:     7                                          Against:  0                                            Abstain:  0

 

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

2004-2005 Health and Benefits Fund Budget and Solid Waste Fund Budget by transferring $3,100,000.00 from the Solid Waste Fund and appropriating it in the Health & Benefits Fund.  The amendment will draw down $3,100,000.00 from the Solid Waste Fund opening balance and appropriate a transfer out in the same amount to the Health & Benefits Fund for the purpose of funding the projected health insurance deficit.  It is the City’s intent to reimburse Solid Waste for the amount of the draw down at a later date.

 

Motion to open the public hearing.

 

Moved:  Cm.  Garcia

Second:  Mayor Pro Tempore Valdez

For:      7                                         Against:  0                                            Abstain:  0

 

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

 

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

2005–2006; appropriating the estimated revenues, expenditures and balances reported therein for the year beginning October 1, 2005 and ending September 30, 2006, consistent with the financial plan described in said Annual Budget; and authorizing the City Manager to implement said Annual Budget.

 

Motion to open the public hearing.

 

Moved:  Mayor Pro Tempore Valdez

Second:  Cm.  Galo

For:     7                                          Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Belmares

Second:  Cm.  Amaya

For:      7                                         Against:  0                                            Abstain:  0

 

Ordinance Introduction: City Council

 

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

2004-2005 Annual Budget by appropriating revenues and expenditures in the amount of $30,000.00 from the South Texas Council on Alcohol and Drug Abuse (STCADA) for evaluating and monitoring services provided by the HIV/AIDS Program of the City of Laredo Health Department; and to approve the annual contract between the City of Laredo Health Department and STCADA for the term beginning July 1, 2005 through June 30, 2006, for these services.  (Action required on item #28 prior to introduction of ordinance)

 

Motion to open the public hearing.

 

Moved:  Cm.  Garcia

Second:  Cm.  Amaya

For:     7                                        Against:  0                                            Abstain:  0

 

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

 

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

City of Laredo Fiscal Year 2004 – 2005 Annual Budget by increasing revenues in the amount of $5,000.00 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, for the 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 open the public hearing.

 

Moved:  Cm.  Garcia

Second:  Cm.  Amaya

For:     7                                        Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Belmares

Second:  Cm.  Garcia

For:     6                                        Against:  0                                            Abstain:  0

Cm. Galo was not present.

 

Ordinance Introduction:  City Council

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

City of Laredo Fiscal Year 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, for the 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 open the public hearing.

 

Moved:  Cm.  Garcia

Second:  Cm.  Amaya

For:     6                                        Against:  0                                            Abstain:  0

Cm.  Galo was not present.

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Garcia

Second:  Mayor Pro Tempore Valdez

For:     6                                        Against:  0                                            Abstain:  0

Cm.  Galo was no present.

 

Ordinance Introduction:  City Council

 

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

City of Laredo Fiscal Year 2004-2005 Annual Budget by increasing revenues in the amount of $9,000.00 to the City of Laredo Health Department’s share or 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, for the grant period from January 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 open the public hearing.

 

Moved:  Cm.  Garcia

Second:  Cm.  Amaya

For:     6                                        Against:  0                                            Abstain:  0

Cm.  Galo was not present.

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Mayor Pro Tempore Valdez

Second:  Cm.  Belmares

For:     6                                        Against:  0                                            Abstain:  0

Cm. Galo was not present.

 

Ordinance Introduction:  City Council

 

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

2004-2005 Annual Budget by appropriating revenues and expenditures in the amount of $175,689.00 in funds from the Texas Department of State Health Services and from Program Income for the Immunization Action Plan (IAP) Program of the City of Laredo Health Department for the period of September 1, 2005 through August 31, 2006.

 

Motion to open the public hearing.

 

Moved:  Cm.  Belmares

Second:  Cm.  Amaya

For:     7                                        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:  0

 

Ordinance Introduction:  City Council

 

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

$85,000.00 from the City of Laredo – Public Library Fiscal Year 2004 – 2005 Budget to the Friends of the Library Account. The $85,000.00 represents the required City of Laredo’s match of 10%-13% of the estimated $850,000.00 Universal Service Program grant application to the School & Libraries Division / Universal Services Company / Federal Communications Commission. The grant is currently in the initial review stage, and official funding confirmation is still pending.

 

Motion to open the public hearing.

 

Moved:  Cm.  Garcia

Second:  Cm.  Amaya

For:     7                                        Against:  0                                            Abstain:  0

 

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

 

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

Fiscal Year 2004 – 2005 250th Anniversary Celebration Budget to appropriate revenues and expenditures in the amount of $23,000.00 generated by sponsorship contributions from the 7 Flags 7 Cultures Festival. Funds will be used for scheduled 250th Anniversary Celebration Events.

 

Motion to open the public hearing.

 

Moved:  Cm.  Belmares

Second:  Cm.  Garcia

For:     7                                        Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Rendon

Second:  Cm.  Amaya

For:     7                                        Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

17.  Public hearing and introductory ordinance amending Section 23-3 Subsection (3) of

Chapter 23 (Parks and Recreation) of the Code of Ordinances of the City of Laredo to allow for rate changes in public swimming pool admission fees from $20.00 to $10.00 for seniors 65 years and over who participate in the water aerobics classes; providing for publication and effective date. 

 

Motion to open the public hearing.

 

Moved:  Cm.  Belmares

Second:  Mayor Pro Tempore Valdez

For:     7                                        Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Mayor Pro Tempore Valdez

Second:  Cm.  Garcia

For:     7                                        Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

18.  Public hearing and introductory ordinance amending Chapter 7, Building and Building

Regulations, Section 7-2. Same Amendments, Section 108.3 Building permit valuations, of the Code of Ordinances by deleting existing mechanisms for establishing valuations and creating specific valuations for the determinations of permit fees; providing for publication and effective date.

 

Motion to open the public hearing.

 

Moved:  Cm.  Belmares

Second:  Cm.  Rendon

For:     7                                        Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Belmares

Second:  Mayor Pro Tempore Valdez

For:     7                                        Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

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

2005 General Fund Annual Budget to appropriate revenues and expenditures in the amount of $125,000.00 for attorney fees paid to De Anda Law Firm.  Expenditures will only be incurred and disbursed if the revenue is collected by the Tax Department.

 

Motion to open the public hearing.

 

Moved:  Cm.  Belmares

Second:  Cm.  Amaya

For:     7                                        Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Mayor Pro Tempore Valdez

Second:  Cm.  Rendon

For:     7                                        Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

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

City of Laredo’s Fiscal Year 2004-2005 El Metro Operations Fund Budget by appropriating revenues and expenditures in the amount of $49,369.00 as a result of additional revenues from advertising and charters. Funds will be used for the purchase of fixed route bus parts.

 

Motion to open the public hearing.

 

Moved:  Cm.  Belmares

Second:  Mayor Pro Tempore Valdez

For:     7                                        Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Belmares

Second:  Cm.  Amaya

For:     7                                        Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

VIII.    FINAL READING OF ORDINANCES 

 

Motion to waive the final reading of Ordinances # 2005-O-192, # 2005-O-202; # 2005-O-203; # 2005-O-204; # 2005-O- 205; # 2005-O-206; # 2005-O-207; # 2005-O-208; # 2005-O-209; # 2005-O-210; # 2005-O-211; # 2005-O-212; # 2005-O-213; # 2005-O-214; and # 2005-O-215.  

           

Moved:  Cm.  Belmares

            Second:  Cm.  Amaya

            For:     7                                               Against:  0                                            Abstain:  0

 

21.  2005-O-192  Amending the Zoning Ordinance Map of the City of Laredo by

authorizing a Conditional Use Permit for a paint and body shop on Lots 10-12, Block 1704, Eastern Division, located at 2802 Guadalupe Street; providing for publication and effective date. 

 

Motion to adopt Ordinance # 2005-0-192.

 

 

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:      7                             Against:  0                                Abstain:  0 

 

                   2005-O-202  Amending the Zoning Ordinance Map of the City of Laredo by rezoning

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

     “A,” located on Loop 20 north of Winfield Parkway, from R-1 (Single

     Family Residential District) to B-3 (Community Business District);

     providing for publication and effective date.   

 

Motion to adopt Ordinance # 2005-0-202.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:      7                             Against:  0                                Abstain:  0 

    

                   2005-O-203  Amending the Zoning Ordinance Map of the City of Laredo by rezoning

     3,893 square feet out of Lot 9, Block 1635, Eastern Division, as further

     described by metes and bounds in attached Exhibit “A,” located at 408 S.

     Arkansas Avenue, from B-3 (Community Business District) to B-4

     (Highway Commercial District); providing for publication and effective

     date. 

 

Motion to adopt Ordinance # 2005-0-203.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:      7                             Against:  0                                Abstain:  0 

 

                    2005-O-204  Amending the Zoning Ordinance Map of the City of Laredo by rezoning

     Lots 1-3, Block 1, Iglesia Cristiana Misericordia, Unit 1 located at 4519

     E. Del Mar Boulevard, from B-1 (Limited Commercial District) to B-3

     (Community Business District); providing for publication and effective

     date. 

 

Motion to adopt Ordinance # 2005-0-204.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:      7                             Against:  0                                Abstain:  0 

 

                   2005-O-205  Amending the Zoning Ordinance Map of the City of Laredo by rezoning

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

     “A,” located north of Hwy. 359 and east of Coronado Avenue, from R-1A

     (Single-Family Residential Reduced Area District) to R-2 (Multi-Family

     Residential District); providing for publication and effective date. 

 

Motion to adopt Ordinance # 2005-0-205.

 

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:      7                             Against:  0                                Abstain:  0 

  

                   2005-O-206  Authorizing the amendment of Ordinance No. 2002-O-003 which

     authorized a Special Use Permit for mini-storage/warehousing on Lot 2A,

     Block 4, McPherson Plaza Subdivision, located at 1317 East Hillside

     Road by transferring permit to the current owner; providing for

     publication and effective date. 

 

Motion to adopt Ordinance # 2005-0-206.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:      7                             Against:  0                                Abstain:  0 

     

                  2005-O-207   Authorizing the amendment of Ordinance No. 94-O-139 which authorized

     a Conditional Use Permit for mini-storage/warehousing on Block 13,

     Calton Gardens Subdivision, located at 5115 San Francisco Avenue by

     transferring permit to the current owner; providing for publication and

    effective date.  

 

Motion to adopt Ordinance # 2005-0-207.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:      7                             Against:  0                                Abstain:  0 

 

                   2005-O-208  Authorizing the amendment of Ordinance No. 98-O-149 which authorized

     a Special Use Permit for mini-storage/warehousing on Lot 3, Block 2,

     Townlake Plaza Subdivision, located at 1234 Townlake Drive by

     transferring permit to the current owner; providing for publication and

     effective date.

 

Motion to adopt Ordinance # 2005-0-208.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:      7                             Against:  0                                Abstain:  0 

 

                   2005-O-209  Amending Section 1 of Ordinance 2004-O-334 of the City of Laredo and

     authorizing an increase in the bridge toll rates schedule for southbound

     non-commercial traffic not utilizing the Automatic Vehicle Identification

     System (A.V.I.) or ColombiaSolidarity Bridge as further described in

     Exhibit “A” and hereby repealing all conflicting sections in all ordinances

     currently in effect.

 

Motion to adopt Ordinance # 2005-0-209.

 

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:      7                             Against:  0                                Abstain:  0 

 

                   2005-O-210  Accepting funds in the amount of $128,600.00 from the South Texas 9-1-

     1 Regional Administration Division to cost share personnel at the Laredo

     Police Department Public Safety Answering Point in accordance to

     Section 771.0751 of the Texas Health and Safety Code and Rule 251.3

     Use of Revenue in Certain Counties from the Commission on State

     Emergency Communications; and amending the Fiscal Year 2004 – 2005

     General Fund Budget of the City of Laredo by appropriating revenues and

     expenditures in the amount of $128,600.00 for salary expenses for Laredo

     Police Department Communications Division.

 

Motion to adopt Ordinance # 2005-0-210.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:      7                             Against:  0                                Abstain:  0 

 

                   2005-O-211  Amending the City of Laredo FY 2004-2005 Annual Budget by

     appropriating revenues and expenditures in the amount of $384,653.00 in

     funds from the Texas Department of State Health Services and from

     Program Income for the Maternal and Child Health (MCH-Title V)

     Program of the City of Laredo Health Department for the period

     September 1, 2005, through August 31, 2006. (As Amended)

 

Motion to adopt Ordinance # 2005-0-211.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:      7                             Against:  0                                Abstain:  0 

 

                   2005-O-212  Amending the City of Laredo Fiscal Year 2004 – 2005 Annual Budget by

     increasing revenues and expenditures of $7,219.00 in additional funds

     totaling $28,876.00 from the Texas Department of State Health Services

     for the Laredo Obesity Prevention and Control Project (LOPAC) of the

     City of Laredo Health Department, to extend the grant period by four (4)

     additional months, from September 1, 2004 through December 31, 2005.

 

Motion to adopt Ordinance # 2005-0-212.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:      7                             Against:  0                                Abstain:  0 

 

                   2005-O-213  Authorizing the City Manager to amend the City of Laredo’s 2004 – 2005

     Budget, El Metro Operations Fund and Transit Capital Grants Fund, by

     $143,693.00 and ($179,616.00) respectively. El Metro Operations will be

     amended by appropriating revenues and expenditures in the amount of

     $143,693.00 from the transfer of Savings of Capital Funds from Federal

     Transit Administration’s Fiscal Year 2000 Grant No. TX-90-X499.

     Transit Capital Grants Fund will be amended by reducing revenues and

     expenditures by $179,616.00 to reflect the transfer of Capital Funds to

     Operating Funds. Local match of $35,923.00 is already appropriated in

     the El Metro Operations Fund and will be transferred to Sales Tax

     Reserve appropriation.

 

Motion to adopt Ordinance # 2005-0-213.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:      7                             Against:  0                                Abstain:  0 

 

                   2005-O-214  Amending the City of Laredo Fiscal Year 2004 – 2005 Water Availability

     Fund Annual Budget by appropriating expenses in the amount of

     $3,000,000.00 by drawing down the opening balance for Water Rights

     Acquisition.

 

Motion to adopt Ordinance # 2005-0-214.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:      7                             Against:  0                                Abstain:  0 

 

                   2005-O-215  Authorizing the City Manager to execute all necessary documents to

     effectively convey fee simple title to the “Surface Only” at its market

     value of $14,900.00 for certain property described as a 19,859 sq. ft. tract

     of land, more or less, out of those former sections of Jarvis Avenue

     between Marion and Gates Streets (including its intersection with Gates

     Street) and Gates Street between Jarvis and Martin Avenues, said tract

     being situated in the Eastern Division, City of Laredo, Webb County,

     Texas being generally described on attached Exhibit “A”; and providing

     for an effective date.

 

     Motion to adopt Ordinance # 2005-O-215.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:      7                             Against:  0                                Abstain:  0 

 

IX.       RESOLUTIONS

 

22.  2005-R-074  Accepting the donation of one (1) utility easement from Arturo Salazar,

III and Maria Marcelina H. Salazar for the Pueblo Nuevo Subdivision Easement Acquisition Project, this being a 0.1019 acre, more or less, parcel of land which is out of Lot 18, Block 18, Pueblo Nuevo Subdivision, City of Laredo, Webb County, Texas; as described by metes and bounds and survey attached as Exhibits A and B.

 

Motion to approve Resolution # 2005-R-074.

 

Moved:  Mayor Pro Tempore Valdez

Second:  Cm.  Galo

For:     7                               Against:  0                                Abstain:  0

 

23.  2005-R-079  Authorizing the City Manager to execute a non-financial agreement

between the City of Laredo – Public Library and the Webb County Head Start Program to coordinate library services provided to Head Start families.

 

Motion to approve Resolution # 2005-R-079.

 

Moved:  Mayor Pro Tempore Valdez

Second:  Cm.  Galo

For:     7                               Against:  0                                Abstain:  0

 

24.  2005-R-082  Authorizing the City Manager to enter into and execute an Interlocal

Government Agreement between the City of Laredo and the United Independent School District for the participation of the City of Laredo Police Department in the School Resource Officer Program. The Laredo Police Department will provide ten (10) officers that will be assigned to various middle and high schools for the 2005 – 2006 school year.

 

Motion to approve Resolution # 2005-R-082.

 

Moved:  Mayor Pro Tempore Valdez

Second:  Cm.  Galo

For:     7                               Against:  0                                Abstain:  0

 

25.  2005-R-084  Appointing Steve Matthews, Lisa Morales, Neil Garcia, Robert Stanfield,

and Guillermo Treviño to the Laredo Convention & Visitors Bureau (LCVB) Advisory Committee.

 

Motion to approve Resolution # 2005-R-084.

 

Moved:  Mayor Pro Tempore Valdez

Second:  Cm.  Galo

For:     7                               Against:  0                                Abstain:  0

 

26.  2005-R-085  Authorizing the City Manager to enter into a non-financial agreement

between the Literacy Volunteers of Laredo and the City of Laredo – Laredo Public Library and its branches to provide literacy instruction to adults with limited reading, writing, and /or limited English proficiency skills residing within the City of Laredo.

 

Motion to approve Resolution # 2005-R-085.

 

 

 

Moved:  Mayor Pro Tempore Valdez

Second:  Cm.  Galo

For:     7                               Against:  0                                Abstain:  0

 

27.  2005-R-086  Accepting the donation of a tract of 12.05 acres from KNC Properties,

Ltd. for the municipal purposes of drainage, parks and recreation, roadway      

access and all other similar uses deemed beneficial to the general     

public. The said 12.05 acres are described by metes and bounds in the

dedication deed dated August 19, 2005 attached to this Resolution as

Exhibit A.

 

Motion to approve Resolution # 2005-R-086.

 

Moved:  Mayor Pro Tempore Valdez

Second:  Cm.  Galo

For:     7                               Against:  0                                Abstain:  0

 

28.  2005-R-087  Authorizing the City Manager to accept the second year of a contract in

the amount of $30,000.00 from the South Texas Council on Alcohol and Drug Abuse (STCADA) for evaluating and monitoring services provided by the HIV/AIDS Program of the City of Laredo Health Department, for the term beginning July 1, 2005 through June 30, 2006.

 

Motion to approve Resolution # 2005-R-087.

 

Moved:  Mayor Pro Tempore Valdez

Second:  Cm. Amaya

For:      7                              Against:  0                                Abstain:  0

 

29.  2005-R-088  Adopting the City of Laredo Comprehensive Plan without amendment, in

accordance with Article IX, Section 9.03 of the Charter of the City of Laredo.

 

Motion to approve Resolution # 2005-R-088.

 

Moved:  Mayor Pro Tempore Valdez

Second:  Cm.  Galo

For:     7                               Against:  0                                Abstain:  0

 

X.        MOTIONS

 

30.  Consideration to extend the current professional services contract (FY01-131) between

the City of Laredo and A.G. Pellegrin, M.D. to perform drug and alcohol testing pursuant to the City’s Drug and Alcohol Policy for a period of sixty (60) days.  The current contract expired on August 31, 2005.  All services are requested on an as needed basis.  Funding is available in the Health Benefits Budget of the Employee Health Division.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Mayor Pro Tempore Valdez

For:     7                                        Against:  0                                            Abstain:  0

 

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

Accountability Act of 1996 (HIPAA), effective October 1, 2005 through September 30, 2006, as a result of the City currently meeting or exceeding minimum HIPAA benefit provisions.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Mayor Pro Tempore Valdez

For:     7                                        Against:  0                                            Abstain:  0

 

32.  Authorizing the City Manager to allocate an additional $30,000.00 to pay for legal

services related to the existing retainer agreement with the law offices of William M. McKamie, P.C., for the lawsuit styled Pascual Miravete, et al v. the City of Laredo, Cause No. 2003-CVQ-001485-D2, in the District Court 111th Judicial District, Webb County.  Funding is available in the Airport Fund.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Mayor Pro Tempore Valdez

For:     7                                        Against:  0                                            Abstain:  0

 

33.  Authorizing the City Manager to re-negotiate provisions of Sections 9.3 and 9.4,

Section 17.2, and Section 20.5 of the Collective Bargaining Agreement between the City of Laredo and the Laredo Police Officers Association, dated October 1, 2002 to September 30, 2007.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Mayor Pro Tempore Valdez

For:     7                                        Against:  0                                            Abstain:  0

 

34.  Authorizing the City Manager to re-negotiate provisions of Art. 15.2 and Art. 15.4 (C)

of the Collective Bargaining Agreement between the City of Laredo, Texas and Local 1390, International Association of Firefighters, dated April 1, 2001 to March 31, 2006.

 

Motion to approve as amended to omit Article 15.2. 

 

Moved:  Cm.  Galo

Second:  Mayor Pro Tempore Valdez

For:     7                                        Against:  0                                            Abstain:  0

 

 

 

35.  Consideration for approval to award a construction contract to the lowest bidder ALC

Construction, Laredo, Texas, in the bid amount of $67,797.50 for the Sidewalk and           ADA Ramp Improvements along Juarez Avenue. Funding is available in the Community Development 27th, 28th Action Year / 2001 and 2002 Grants – CD Projects/City-Wide ADA Improvements.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Mayor Pro Tempore Valdez

For:     7                                        Against:  0                                            Abstain:  0

 

36.  Consideration for approval to award a construction contract to the lowest bidder ALC

Construction, Laredo, Texas, in the bid amount of $193,573.25 for the CDBG Sidewalks City – Wide Project No. 29 (25 Blocks). Funding is available in the Community Development 28th, 29th, and 30th Action Year, 2002, 2003, and 2004 Grant – CD Projects / School Sidewalks.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Mayor Pro Tempore Valdez

For:     7                                        Against:  0                                            Abstain:  0

 

37.  Consideration for approval to award a construction contract to the lowest bidder, J.

Solis Maintenance and Welding Services, Laredo, Texas, in the bid amount of $146,655.75 for the CDBG Sidewalks City Wide Project No. 30 (22.5 blocks).  Funding is available in the Community Development 25th, 29th, and 30th Action Year / 1999, 2003, 2004 Grant - CD Projects/School Sidewalks.

 

Motion to approve.

 

Moved:  Cm.  Garcia

Second:  Mayor Pro Tempore Valdez

For:     7                                        Against:  0                                            Abstain:  0

 

38.  Consideration to authorize the purchase of one (1) vehicle for the Police Department –

911 Operations and one (1) vehicle for the Solid Waste Department from Philpott Ford in the total amount of $42,724.00 and an additional vehicle for the Police Department – 911 Operations from Ron Carter Autoland in the total amount of $15,253.15 through the Texas Local Government Purchasing Cooperative (Buy Board) contract pricing. Funding is available in the Solid Waste and the Police Department Budgets.

 

Motion to approve.

 

Moved:  Cm.  Garcia

Second:  Mayor Pro Tempore Valdez

For:     7                                        Against:  0                                            Abstain:  0

 

 

39.  Authorizing the City Manager to execute an Interlocal Agreement for E9-1-1 Service,

PSAP Equipment, and Addressing/Addressing Maintenance between the City of Laredo as Administrator for South Texas Development Council (STDC) and individually the Counties of Webb, Starr, Jim Hogg, and Zapata, and Cities of Roma, Rio Grande City, and Laredo for the period ending August 31, 2007; said Interlocal Agreements include an automatic renewal clause for future years.

 

Motion to approve.

 

Moved:  Cm.  Garcia

Second:  Mayor Pro Tempore Valdez

For:     7                                        Against:  0                                            Abstain:  0

 

40.  Amending the 2003 and 2004 Consolidated One-Year Action Plans by reprogramming

29th and 30th Action Year (AY) Community Development Block Grant Funds by (1) eliminating the Cross Street Park Project (29th AY) for $225,000.00, and utilizing these funds for the proposed Cigarroa Recreation Center Boxing Gym; (2) reducing the amount of funding for the Ejido Street Project (30th AY) from $1,000,000.00 to $850,000.00, for a difference of $150,000.00 and eliminating the Cheyenne Park Project (30th AY) for $50,000.00, and utilizing the combined amount of $200,000.00 for the proposed East Side Sports Complex (Acquisition and Design – Phase I) Project.

 

Motion to approve.

 

Moved:  Cm.  Garcia

Second:  Mayor Pro Tempore Valdez

For:     7                                        Against:  0                                            Abstain:  0

 

41.  Authorization to cancel the City’s contract for the usage of Instituto Tecnologico y de

Estudios de Monterrey (ITESM) services through advertisements on their INFOTEC system effective September 7, 2005. Funding will not be affected.

 

Motion to approve.

 

Moved:  Cm.  Garcia

Second:  Mayor Pro Tempore Valdez

For:     7                                        Against:  0                                            Abstain:  0

 

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

 Chamber of Commerce to share in the cost of operation of the Laredo Trade & Travel Center, located in Monterrey, Nuevo Leon, by increasing the total cost of the City of Laredo from $50,000.00 to $58,003.00. Funding is available in the LCVB Fiscal Year 2005 Budget.

 

Motion to approve.

 

Moved:  Cm.  Garcia

Second:  Mayor Pro Tempore Valdez

For:     7                                        Against:  0                                            Abstain:  0

 

43.  Awarding a professional services contract to Carter & Burgess, Inc. (in association with

Crane Engineering & DFW infrastructure, Inc – CCTV inspection services) in the amount of $260,050.00 to provide consulting services for the Evaluation of Downtown Storm Sewer Systems and Illegal Connection Elimination Project. Funding for the contract is available in the Environmental Services and Sewer Construction Fund.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Mayor Pro Tempore Valdez

For:     7                                        Against:  0                                            Abstain:  0

 

44.  Consideration to award a contract to the sole proposer, Westnet, Inc., Huntington

Beach, CA, in the amount of $55,016.02 for the purchase and installation of a fire station control system at the Cielito Lindo Fire Station Number 14. This system provides for audible and visual alarms for dispatching EMS or fire suppression crews. This system is currently installed at all other fire stations. Funding is available in the 2003 Contractual Obligation Bond.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Mayor Pro Tempore Valdez

For:     7                                        Against:  0                                            Abstain:  0

 

45.  Authorizing the City Manager to amend the Laredo Webb County Food Bank, Inc.

third party funding contract Section 4 by increasing the awarded amount by $2,000.00 from $16,875.00 to $18,875.00. An increase is requested to help the Laredo Webb County Food Bank exclusively assist qualifying veterans and their families who fall under the Health and Human Services Poverty Guidelines of 2004.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Mayor Pro Tempore Valdez

For:     7                                        Against:  0                                            Abstain:  0

 

46.  Approving an amendment to the concession contract dated February 4, 2005 with

Alejandro Alvarez d/b/a/ Cindy’s Catering Service, to change the name of the         concessionaire to Olga U. Alvarez d/b/a/ Cindy’s Catering Service; and to make an amendment to paragraph 13 of the contract to provide that prices and alcoholic beverages be under the sole control of the concessionaire, in order to enable the concessionaire to obtain a license from the Texas Alcohol Beverage Commission to sell alcohol at the Civic Center.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Mayor Pro Tempore Valdez

For:     7                                        Against:  0                                            Abstain:  0

 

47.  Directing staff to prepare a service plan for the voluntary annexation of nine (9) tracts

of land totaling 825.97 acres, more or less, as shown on Attachment “A”, in accordance with Section 43.052 of the Texas Local Government Code.

 

Motion to approve as amended to include Tanquesitos Land & Cattle, Ltd.

 

 

Moved:  Cm.  Belmares

Second:  Cm.  Amaya

For:     6                                        Against:  0                                            Abstain:  1

                                                                                                                 Cm.  Garcia

 

48.  Motion to set a date of September 12, 2005 to introduce an ordinance for the adoption

of a tax rate of $0.637000 per $100.00 value. The tax rate will provide revenue for the general fund and debt service. The rate includes $0.512019 per $100.00 value for Maintenance and Operation and $0.124981 per $100.00 value for the Interest and Sinking Fund of the Debt Service and will produce a tax levy of $47,466,861.00.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Mayor Pro Tempore Valdez

For:     7                                        Against:  0                                            Abstain:  0

 

49.  Authorizing the City Manager to execute a contract for the purchase of 1,613.444 ac/ft

per annum municipal water rights from Westbrook South Padre, L.P., for the sum of $2,339,493.80. Funding will come from Water Availability balances.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Mayor Pro Tempore Valdez

For:     7                                        Against:  0                                            Abstain:  0

 

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

 Rathmell & Gilpin Engineering Company, LLC in association with PBS&J for the design of the North Laredo Wastewater Treatment Plant Expansion Project.  Funding is available in the 2004 Sewer Revenue Bond.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Mayor Pro Tempore Valdez

For:     7                                        Against:  0                                            Abstain:  0

 

51.  Authorizing the City Manager to award a professional services contract to Espey

Consultants, Inc. for an amount not to exceed $267,854.00 to complete the Zacate Creek Wastewater Treatment Plant Comprehensive Evaluation of the sewer system.  Funding will be provided from the Sewer System Construction Fund.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Mayor Pro Tempore Valdez

For:     7                                        Against:  0                                            Abstain:  0

 

XI.       STAFF REPORTS

 

52.  A.  Presentation by Mr. Dan Migura, Administrative Services Director, to update City

Council on the proposed medical plan modifications and contribution rate adjustment with possible action.

 

This item was discussed as part of Item 2.A of the supplemental agenda. 

 

B.  Presentation by Ms. V. Melissa Saldaña, Assistant City Attorney, to report to City

 Council on possible procedures for naming City parks, including a report of how   

 other cities name municipal parks.

 

 Melissa Saldaña, Assistant City Attorney, stated that the objective is to inform City     

 Council on the procedures adopted by other cities and to get direction from City

 Council as to how to proceed. She reported on the five major categories that she  

 studied:  goals, public participation, naming the park, renaming parks, and

 alternatives.  She mentioned that different cities demand that the policy be fair,

 consistent, and suitable.  Another goal is to provide for alternative methods, for

 example, not only naming public parks but walkways, trees, monuments, etc.   

 Under the second category of public participation, she stated that public demand is

 very dominant in these procedures.  She added that several of these cities’ policies

 are based on public suggestions.  Under the category of naming parks, there are two

 subcategories:  procedures and guidelines.  She focused on procedures adopted by

 the cities of College Station, Texas; Oceanside, California; and Palo Alto,

 California and  explained what procedures are followed by those cities.  She

 concluded by asking for City Council’s recommendation in order to draft a policy

 that is in accordance with the wishes of City Council. 

 

Cm. Belmares suggested that this be taken before the Parks and Recreation Advisory Committee and let them come back with a recommendation to City Council as to what process should be followed.    

 

Mayor Flores stated that she would like to appoint three Council Members to work 

on the policy or guidelines to follow for naming of public parks:  Cm. Garcia, Cm.

Belmares, and Cm. Ramirez.   

 

XII.     GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS

 

53.  A.  Request by Mayor Elizabeth G. Flores

 

1.  Ratifying the  naming of East Central Park after former City Council Member,

     Blas Castaneda, for his efforts in securing the park for his District.

 

Mayor Flores announced that this item would be postponed. 

           

                   B.  Request by Council Member Gene Belmares

 

1.  Discussion with possible action regarding re-distributing District 6 Capital

Improvement Program discretionary funds totaling $26,369.00 from Street Recycling to fund the Unitec Regional Drive Project at a cost of $15,000.00 and the installation of speed humps on Sunset Street in the Regency Subdivision at a cost of $6,000.00. The balance of $5,369.00 is proposed to be held in reserve.

 

Motion to approve the use of District VI discretionary funds totaling $26,369.00 for the Unitec Regional Drive Project and for the installation of speed humps on Sunset Street in Regency subdivision. 

 

Moved:  Cm. Belmares

Second:  Cm. Amaya

For:    7                                           Against:  0                                Abstain:  0

 

2.  Discussion with possible action regarding transferring $100,000.00 as identified

in the Fiscal Year 2005-2006 Capital Improvement Program, from the North Central Park to the Trautmann Park.

 

Cm. Belmares stated that this is part of the project for the Make a Difference Day event and these monies will allow for the renovations to the park and facilities improvements to be done. 

 

Motion to transfer $100,000.00 as identified in the Capital Improvement Program fund from the North Central Park to the Trautmann Park.

 

Moved:  Cm. Belmares

Second:  Cm. Galo

For:    7                                           Against:  0                                Abstain:  0

 

3.  Status report regarding waterline breaks in the Regency Subdivision, with

     possible action.

 

     This item was postponed. 

 

                   C.  Request by Mayor Pro-Tempore Jose A. Valdez, Jr.

 

1.  Discussion with possible action regarding the creation of a dedicated right

     turning lane on Mines Road (FM 1472) into La Bota Ranch.

 

Roberto Murillo, Traffic Director, reported that they requested a traffic study at that location to see whether that is an option for Mines Road.  He stated that once the numbers are obtained, he will then present the information to TxDOT and will wait for an answer from them. 

 

2.  Discussion with possible action to instruct staff to revisit the impact fee process

     for future utility improvements.

 

Adrian Montemayor, Utilities Director, stated that this process was halted before the privatization.  He explained that the rate study had been initiated and had been brought all the way to the point of approval.  They then amended that project to proceed with a rate study analysis.  He stated that they would need to bring in a consultant again and update that information. 

 

                   D.  Request by Council Member Juan Ramirez

 

1.  Discussion with possible action regarding the use of commercial meters at water

     hydrants by construction and/or development companies.

 

Larry Dovalina, City Manager, stated that this problem was taken care of and he suggested that the Council Member refer that individual to staff in order to address this issue. 

 

2.  Discussion with possible action regarding planting trees, including palm and oak

     trees, along Zacate Creek south of Park Street.

 

Miguel Pescador, Parks and Recreation Interim Director, stated that they are looking at this time to partner with the Rotary Club and they are also looking for grant funding in order to provide trees for that area.

 

Larry Dovalina, City Manager, stated that Mr. Dillworth had offered to provide a donation of trees. 

 

3.  Discussion with possible action regarding the water park.

 

This item was postponed. 

 

4.  Discussion with possible action regarding the operations of El Metro by First

     Transit.

 

This item was postponed. 

 

XIII.    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.

 

Motion to go into executive session as 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.

 

XIV.    RECESS AS THE LAREDO CITY COUNCIL AND CONVENE AS THE LAREDO MUNICIPAL HOUSING CORPORATION

 

Motion to recess as the Laredo City Council and convene as the Laredo Municipal Housing Corporation.

 

Moved:  Mayor Pro Tempore Valdez

Second:  Cm.  Amaya

For:     7                                               Against:  0                                            Abstain:  0 

 

54. Consideration to award contract FY05-113 to lowest bidder, Laredo Environmental

Services, Laredo, Texas, in the amount of $24,300.00 for the demolition of five (5) substandard properties in the Noise Abatement Lease Program. Funding is available in the Noise Abatement Lease Program Budget.

 

Motion to approve.

 

Moved:  Cm.  Belmares

Second:  Cm.  Ramirez

For:     5                                         Against:  0                                            Abstain:  0

 

XV.      ADJOURN AS THE LAREDO MUNICIPAL HOUSING CORPORATION AND RECONVENE AS THE LAREDO CITY COUNCIL.

 

            Motion to adjourn as the Laredo Municipal Housing Corporation and reconvene as the Laredo City Council.

 

            Moved:  Cm.  Galo

            Second:  Mayor Pro Tem Valdez

            For:     7                                               Against:  0                                            Abstain:  0

 

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

 

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

 

            Moved:  Cm.  Belmares

            Second:  Mayor Pro Tem Valdez

            For:     7                                               Against:  0                                            Abstain:  0

 

55.  Authorizing the City Manager to waive the parking fee for persons attending the Streets

of Laredo Shop-and-Fest and implementing a flat fee charge of $200.00 to the Streets of Laredo Urban Mall Association for personnel costs, overtime and extra security for traffic and crowd control for the use of the parking facility on September 17, 2005 from 5:00 p.m. to 12:00 a.m.

 

Motion to approve.

 

Moved:  Cm.  Ramirez

Second:  Cm.  Amaya

For:     7                                        Against:  0                                            Abstain:  0

 

56.  2005-RT-003  Authorizing the City Manager to accept and execute the Texas

Department of Transportation Grant No. 51622F7052 in the amount of $705,482.00 from the State Public Transportation Funds for Transit Operating Assistance.

 

Motion to approve Resolution # 2005-RT-003. 

 

Moved:  Cm.  Belmares

Second:  Cm.  Amaya

For:     7                             Against:  0                                Abstain:  0

 

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

            THE LAREDO CITY COUNCIL.

 

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

 

Moved:  Mayor Pro Tempore Valdez

Second:  Cm.  Amaya

For:     7                                               Against:  0                                            Abstain:  0

 

XVIII. ADJOURNMENT

           

SUPPLEMENTAL AGENDA

 

I.       MOTIONS

 

1.      Consideration to authorize and ratify the expenses being incurred for the repairs associated with the damage to the toll lanes and administration building at the World Trade Bridge caused by the vehicle fire of June 27, 2005.  An ordinance will be presented to the City Council at a future meeting listing all expenses incurred and appropriating funds for these expenses, in accordance to City Charter provisions.

 

Motion to approve.

 

Moved:  Cm.  Belmares

Second:  Cm.  Amaya

For:     7                                         Against:  0                                            Abstain:  0 

 

II.          STAFF REPORT

 

2.          

A.     Presentation of a proposed contract with Blue Cross and Blue Shield of Texas to provide third party administration of the City’s Health and Benefits Plan, with possible action.

 

Cynthia Collazo, Deputy City Manager, reported that the negotiations with the representatives from Blue Cross and Blue Shield involved reviewing agreements, numbers, and terms.  She added that they followed City Council’s directive to negotiate a seamless transition from the present third party administrator to a new administrator. She stated that the process being followed for these negotiations was the same as the ones followed for the sports arena, United Water, etc. 

 

Mr. Ken Weithe, independent insurance consultant, presented the Best Final Offer comparisons worksheet from the five companies for the City’s health plan services.

He explained that after all the final calculations, the company that offered the best health and benefits plan was Blue Cross and Blue Shield. 

 

Rosario Cabello, Finance Director, provided the following modifications to the FY05-06 Operating Budget:

 

Projected FY05-06 Operating Budget

BLUE CROSS / BLUE SHIELD 55% PLAN MODIFICATION ONLY

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PROPOSED

 

PROPOSED

 

REVISED

 

 

 

 

BUDGET

 

PLAN

 

BUDGET

 

 

 

 

FY 05-06

 

MODIFICATIONS

 

FY 05-06

 

 

 

 

 

 

 

 

 

Opening Balance

 

 

                 -  

 

 

 

                   -  

 

 

 

 

 

 

 

 

 

Revenues

 

 

 

 

 

 

 

  Contributions

 

 

    13,316,983

 

 

 

      13,316,983

  Other-Ins.    

  Reimbursement,etc.

 

        871,000

 

 

 

          871,000

Total Revenues

 

 

    14,187,983

 

 

 

      14,187,983

 

 

 

 

 

 

 

 

 

Expenditures

 

 

 

 

 

 

 

 

Self Insurance Fund

 

 

 

 

 

 

 

Personnel Services

 

 

        144,537

 

 

 

          144,537

Materials & Supplies

 

            5,685

 

 

 

              5,685

Contractual Services

 

      1,573,657

 

 

 

        1,573,657

Contractual Services-Admin Fee

        981,874

 

 

 

          981,874

Contractual Services-Stop Loss

 

        916,304

 

 

 

          916,304

Group Health Claims (55% Disc.)

      9,057,036

 

 

 

        9,057,036

Prescription Claims

 

 

      1,759,877

 

 

 

        1,759,877

All Other

 

 

 

                 -  

 

 

 

                   -  

Total Self Insurance Fund

 

    14,438,970

 

 

 

      14,438,970

 

 

 

 

 

 

 

 

 

Employee Wellness Division

 

        604,311

 

 

 

          604,311

 

 

 

 

 

 

 

 

 

Closing Balance

 

 

 $     (855,298)

 

 

 

 $       (855,298)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Plan Funding Options:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

City’s Portion for Employee Coverage              10%                                $846,401

 

City’s Portion for Retiree Coverage                  10%                                $ 44,751

 

Employee Contribution for Dep. Coverage        10%                                $325,979

 

Retiree’s Contribution for Dep. Coverage         10%                                $ 70,453

 

3-Tier Prescription Drugs                                  2.50%                             $264,123

 

$2,000 Out of Pocket                                       1.07%                             $113,045

 

$2,500 Out of Pocket                                       1.97%                             $208,129

 

$500 Deductible                                               5.45%                             $575,788

 

Mayor Pro Tem Valdez inquired as to what had been the discount minimum base used through TML Services in the past.

 

Ms. Susan Smith, Executive Director for TML, stated that there was no guaranteed discount through them to the City of Laredo

 

Dan Migura, Administrative Services Director, stated that as far as the performance measures used for auditing purposes of TML, staff reviewed claim turn-around time, financial accuracy and other factors that are considered performance measures within the industry.  He added that staff would always review those factors with TML to possibly make modifications to the health plan in order to reduce costs. 

 

Cm. Galo stated that he is pleased that TML is being competitive and perhaps could offer a better plan for all City employees in the future.

 

Larry Dovalina, City Manager, stated that the first two items shown are items that have already been budgeted and would not have a negative effect on the payroll.  He explained that these two items are the City’s portion for employee coverage and the City’s portion for the retiree coverage.  

 

Cm. Galo inquired whether an employee is allowed to opt out if he or she so chooses if the City designs the health plan. 

 

Dan Migura, Administrative Services Director, stated that employees have the ability to opt out of the health plan if they so desire.  He added that the City has consistently required all employees to join the plan.  However, it is the City’s self-funded plan and the City designed it so that the employee has the ability to opt out. 

 

Cm. Galo inquired if there were 100 employees who dropped out, then that would translate into a $250,000.00 savings for the City.

 

Dan Migura recommended that the City handle the employee coverage and the retiree coverage on the City’s portion. 

 

Motion to approve and increase the City’s portion for employee coverage by 10% and the retiree coverage by 10%.

 

Moved:  Cm. Galo

Second:  Mayor Pro Tem Valdez

For:   7                                                 Against:  0                                Abstain: 0

 

Dan Migura explained that one of the items negotiated with Blue Cross and Blue Shield was to administer a two-tier and three-tier prescription plan.  They have agreed to do a two-tier plan but there is a rebate adjustment that they will be passing on to the City. 

 

Cm. Belmares inquired as to the number of employees who have met or exceeded their out of pocket expenses. 

 

Dan Migura stated that 26 of the plan participants have exceeded $50,000.00 or more which means that they have exceeded their out of pocket expenses. 

 

Motion to approve the three-tier prescription drug plan. 

 

Moved:  Cm. Belmares

Second: Cm. Garcia

For:    7                                                Against:  0                                Abstain:  0

 

Motion to accept the $2,000.00 out of pocket deductible. 

 

Moved:  Mayor Pro Tem Valdez

Second:  Cm. Amaya

For:    2                                                Against:                                    Abstain:  0

Motion does not carry. 

 

Motion to accept the $2,500.00 out of pocket amount per year.   

 

Moved:  Cm. Belmares

Second:  Cm. Garcia

For:    5                                                Against:  2                                Abstain:  0

Cm. Garcia                                           Cm. Amaya

Cm. Galo                                             Mayor Pro Tem Valdez

Cm. Rendon

Cm. Belmares

Cm. Ramirez

 

 

 

Motion to leave the deductible at $250.00 per year. 

 

Moved:  Cm. Belmares

Second:  Mayor Pro Tem Valdez

For:   6                                                 Against:  1                                Abstain:  0

                                                            Cm. Ramirez

 

Motion:

Authorizing the City Manager to enter into a contract with Blue Cross and Blue Shield of Texas to provide third party administration to include administrative services only, utilization review services, medical network services, stop-loss insurance, prescription benefit management services, Cobra/HIPPA administration, flexible spending account administration, disease management, retiree billing, and other related services for a period of one (1) year at a cost of $1,868,037.00 taking out the $30,141.00 COBRA/retiree, and flexible spending accounts, with an option to renew for up to two (2) additional one-year (1) terms, subject to satisfactory performance evaluations; said option to renew is to be approved by the City Council no later than ninety (90) days prior to the anniversary date of October 1, 2006 and October 1, 2007; the effective date will be October 1, 2005. Funding is available in the Health and Benefits Fund.

 

Motion to approve as amended to exclude COBRA/HIPPA administration and the flexible spending account administration. 

 

Moved:  Cm.  Garcia

Second:  Mayor Pro Tempore Valdez

For:     7                                   Against:  0                                            Abstain:  0 

 

Cynthia Collazo, Deputy City Manager, explained that those two sections that were left out will be brought back to City Council at the meeting of September 12, 2005

 

III.      GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS

 

3.                

A.  Request by Mayor Elizabeth G. Flores

 

1.      Report on City-wide efforts to assist hurricane Katrina victims.  (Co-sponsored by  City Council Members)

 

Mayor Flores stated that there are various organizations that have not only raised funds but also food items for the victims temporarily housed in San Antonio, Texas.  She stated that the Health Department reported that they were also on standby in case there is a need for them to provide assistance for the victims.  She mentioned that there was a meeting of the Emergency Management Team and they made a community decision not to take in evacuees at this time unless it was a family by family decision.  She added that there is no way of knowing the length of time that these people will be displaced and the City may not have facilities to house them here for the long term.  She reported that there are a number of families in Laredo that have offered their homes to other family members as well as certain churches that have made their facilities available to some families. 

 

B.     Request by Council Member Hector Garcia

 

1.      Status report on the Eastwoods Park.  (Co-sponsored by Council Member Johnny Rendon)

 

Miguel Pescador, Parks and Recreation Director, reported that the Eastwoods Park should be completed by the end of this week.  They are planting one dozen trees and the benches are being assembled for the pavilion area.  They will be ready for the ribbon cutting ceremony some time next week.  He added that Phase III will bring in the skate ramps along with park lighting. 

 

2.      Discussion with possible action regarding City administration’s efforts to conserve gasoline usage.  (Co-sponsored by Council Member Johnny Rendon)

 

Heberto Ramirez, Executive Director of Financial and Information Systems, reported that a committee was created to look into cost savings alternatives.  The committee looked at different ways to reduce the costs and their recommendation to the City Manager is:  1) to reduce the size of the vehicles being purchased and check the fuel efficiency of the vehicles and 2) to have the vehicles use the less expensive unleaded fuel instead of the premium fuel.  He mentioned that they also looked at those vehicles that are being taken home by City employees.  He added that this is an effort being reviewed City-wide and not necessarily one aspect of it.  He stated that if the City decides to change the fuel grade there could be a potential savings of $70,000.00.  He also pointed out that they would need to consider the amount of maintenance work that would be required to service those vehicles. 

 

C.     Request by Council Member Johnny Rendon

 

1.      Discussion with possible action to replace the chain link fences at Base I and Base II Softball Fields located at the former Air Base with District 5 Capital Improvement Program discretionary funds totaling $6,000.00.  (Co-sponsored by Council Member Hector Garcia)

 

Motion to use $6,000.00 of District V discretionary funds to replace the chain link fences at Base I and Base II Softball Fields. 

 

Moved:  Cm. Rendon

Second:  Cm. Galo

For:    7                                             Against:  0                                Abstain:  0

 

IV.       ADJOURNMENT

 

Motion to adjourn.                                                                                   Time10:25 p.m.

 

Moved:  Mayor Pro Tempore Valdez

Second:  Cm.  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 38 and they are true, complete, and correct proceedings of the City Council meeting held on September 6, 2005.

 

 

                                                                        __________________________________

                                                                        Gustavo Guevara, Jr.

                                                                        City Secretary