CITY OF LAREDO

CITY COUNCIL MEETING

M2005-R-20

CITY COUNCIL CHAMBERS

1110 HOUSTON STREET

LAREDO, TEXAS 78040

October 17, 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 Elizabeth G.  Flores led in the Pledge of Allegiance.

 

III.       ROLL CALL

 

            In attendance:

 

            Elizabeth G.  Flores,                                                                 Mayor

            Alfredo Agredano,                                                                    Council Member, District I

            Hector Garcia,                                                                          Council Member, District II

            John C.  Galo,                                                                          Council Member, District III

            Johnny Amaya,                                                                         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

            Horacio De Leon,                                                                     Assistant City Manager

            Rafael Garcia,                                                                           Assistant City Manager

            Valeria Acevedo,                                                                      Assistant City Attorney

IV.       MINUTES

 

            Approval of the minutes of August 15, 2005.  

 

            Motion to approve.

 

            Moved:  Cm.  Agredano

            Second:  Cm.  Ramirez

            For:     8                                               Against:  0                                            Abstain:  0

 

 

 

 

 

V.        COMMUNICATIONS AND RECOGNITIONS

 

            Announcements

 

            a.  Announcing the community-wide initiative for Make a Difference Day, scheduled for            

                 October 22, 2005, where the City of Laredo, Keep Laredo Beautiful, the Lamar Bruni                          Vergara Environmental Science Center, and the Rio Grande International Study Center      will join in hosting another beautification project along the banks of the Rio Grande                             River at Las Palmas/Justo Penn Park. 

 

Blasita Lopez, Public Information Officer, stated that the current rainfall which has caused the river to rise will not affect “Make a Difference Day” scheduled for October 22, 2005.  She noted that the City has an abundance of food and giveaways for everyone that is interested in attending the event.

 

Lynne Nava, Keep Laredo Beautiful Coordinator, added that the trail is beautiful and filled with natural wildlife.  She mentioned that the public will be able to take park in the release of butterflies and lady bugs for the nature trail.  She encouraged everyone to attend.    

 

            Invitations

 

            None.

 

            Recognitions

 

            a.  Recognition of Jose Rogerio, Lucky Roncinske, and Francisco Rosales, of the         

                 Environmental Services Department, on their selection as September 2005 Employees of           the Month.

 

John Porter, Environmental Services Department, stated that Jose Rogerio, Lucky Roncinske, and Francisco Rosales were nominated as employees of the month because of their hard work and dedication to the City of Laredo and to the children of Laredo.  They gave educational presentations to over 14,000 students regarding recycling and littering issues.  Because of their hard work and dedication the City was honored by receiving the 2005 Texas Environmental Excellence Award in Education.  They have recently completed a project that will allow all citizens to check rainfall data from the internet which will include 12 stations throughout the City.  In addition to the special projects they are responsible for all the water quality testing in Laredo, code enforcement, storm sewer pipe inspections, running the household hazardous waste collection center, and the electronic recycling program.     

            b.  Recognizing Raul Perales for serving on the Telecommunications Advisory Committee                from June 2002 to October 2005.

 

 

 

 

Mayor Flores and City Council recognized Raul Perales for his service from June 2002 to October 2005. 

 

For fiscal year 2004-2005 the City of Laredo Public Works Division completed a total of 123 major projects.  The division also completed smaller projects, which are too numerous to mention.  The Public Works Division has a wide range of responsibilities that include but are not limited to construction projects, maintenance, and emergency response.

 

The Public Works Division administers 112 employees who are divided into various areas of responsibilities:

 

1.      Nine-Sweepers, one of which is dedicated to the nightly downtown maintenance.

o       18,720 Lane Miles Swept 

2.      Five-Pro Patchers

o       10,921 Pot holes patched

3.      Street Construction Division oversee the construction, milling, and resurfacing of said streets.

o       187 blocks milled and resurfaced. 

4.      Concrete Construction Division is responsible for:

o       Sidewalk Projects

o       curb and gutters

o       valley gutters

o       rip-rap, junction boxes, inlets

o       concrete slabs for various uses

o       handicap ramps

o       retaining walls

 

5.      The Storm Drain Maintenance Crew ensures the ability to have debris free inlets and storm drains allowing for free flowing water that is especially important during major rainfall.

6.      Creek and Right-Of-Way Maintenance Division responsibilities are to control vegetation by not allowing its overgrowth or the collection of litter.

§         156 Acres of Creeks Maintained

§         101 Miles of Right of Ways Maintained

7.      Branch Collection Crew

§         6,485 tons of branches collected

8.      Building Rehabilitation Division is responsible for maintaining all of the City of Laredo government buildings.

o       We had 1,450 work orders completed which include the following:

§         electrical repairs

§         plumbing

§         remodeling

§         painting

§         air conditioning maintenance

§         carpentry

§         cabinet construction & installation

 

Some of the most notable projects the division is proud of are:

·        The McPherson Road Widening Project

·        Chacon Tributary Drainage Improvement Project

·        McPherson Subdivision Drainage Improvement

·        Calle del Norte Culvert Project

·        Upper Zacate Creek Drainage Improvement Project adjacent to the Hillside Recreation Center

·        Mann Rd. and Springfield Intersection Improvements

·        Concord Hills Blvd. Enhancement

·        Martingale Drainage Improvement Project

·        San Bernardo, Lyon, Calton Rd. and Villa del Sol Subdivision Resurfacing Proj.

·        South Ejido Sidewalk Project

·        Springfield Widening Project

·        Santa Maria / Zaragoza parking lot and others

 

v     One final indispensable service provided to the City of Laredo is the emergency response action team.  The division is always ready to provide relief to homes that are being flooded due to heavy rains, collecting heavy debris due to strong gale force winds, assisting when there is a threat of river cresting, fires, and twenty-four hour stand by whenever emergencies arise.

 

The division of Public Works is composed of a “tightly knit family of employees” working together as a unit and always ready to help one another in carrying out their assigned duties.  This is increasingly important due to the fast growth of the city and the large amount of work required of the division.  It is because of their hard work and dedication that the City of Laredo Public Works runs as efficiently and effectively as it does.

 

            Communiqués

            a.  Mayor Elizabeth G. Flores reports on the City of Laredo Engineering / Public Works           

                 Department.

 

Cm.  Agredano thanked Roberto Murillo, Traffic Director, and John Orfila for installing speed humps at Los Presidentes Park.

 

Cm.  Garcia thanked John Orfilia, Mike Pescador, and Larry Dovalina for attending a neighborhood meeting in the Villa Del Sol Subdivision.    He noted that approximately 30 people had attended the neighborhood meeting who expressed that they are happy with the work that the City of Laredo is doing.  He continued to say that he would be traveling with a team from Laredo to San Antonio to compete in an Amyotrophic Lateral Sclerosis Walk.  Finally, he noted that the City of Laredo Health Committee had met and they are reviewing all the health issues to assure that the City of Laredo retirees will receive the best health package.

 

Cm.  Galo congratulated the City of Laredo Fire Department and the Police Department for responding quickly to an emergency call at his home.  He also congratulated the Parks and Recreations Department for hosting a tennis tournament throughout the city.  He said that the Laredo Police Officers Association is sponsoring a bowling tournament. 

 

Cm.  Amaya asked for a moment of silence for David Garza and Paul Garza.  He noted that both of the gentlemen did a lot of work for the betterment of Laredo

 

Cm.  Rendon thanked Mike Pescador, Parks & Recreation Director, for installing improvements at the new baseball fields on the base. 

 

Cm.  Belmares thanked everyone that attended a town hall meeting in North Laredo.  He thanked Jerry Garza, Webb County Commissioner, and Bill Johnson, a trustee from the United Independent School District Board for meeting with their constituents to inform them of projects that are taking place in their district.  He congratulated the most reverend Bishop Tamayo and the Del Mar State Champions for being selected as the parade marshals for the George Washington Birthday Celebration.  Finally, he read the following letter:

 

“Dear Mr.  Medina,

 

On behalf of the Texas A & M International University Association and the Autumn Music Festival Committee who would like to extend their deepest appreciation for your commitment and service to our festival.  Our goal is to work with the University and continue to maintain a strong bond with the Laredo Community.  We felt that the festival would encourage people to visit the campus and provide a full day of entertainment with the proceeds given to the general scholarship fund.  Our event was a great success and sets the foundation for an exciting future.  With your teams support we were able to maintain a clean healthy environment and promote the Willie Bote program to several thousand attendees; in addition, I would like to compliment your coordinating staff; specifically Christy Lara and Randy Wise.  Christy Lara for her gracious customer service support and Randy Wise for his field supervision of the crew.  Lastly, to the crew that physically kept everything beautiful.  A special thank you to City Manager, Larry Dovalina, for his continuous support on TAIMU and the alumni association. 

 

Sincerely,

Orlando Navarro

President Elect of Autmosfest 2006”

 

Cm.  Valdez thanked the Utilities Department for repairing a water line break in his district. 

 

Mayor Flores thanked the 250th  Anniversary Committee for organizing three days of  lectors on the history of Laredo.  She added that the lectors were full of information about Laredo.  She continued by saying that the lectors were very inspiring and informative.  She thanked Cm.  Rendon for joining the City Manager and her at a presentation in Austin regarding the City’s case to the Appellate Court on the 5th Bridge Application Suit.    She thanked the Council Members for holding town hall meetings. 

   

VI.       APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES

            a.  Appointment by Council Member Gene Belmares of Ignacio Gutierrez to the           

                 Telecommunications Advisory Committee.

 

                 Motion to approve.

 

                 Moved:  Cm.  Valdez

                 Second:  Cm.  Amaya

                 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 rezoning all of Block 488, Western Division, located at the 1100 block              of San Ignacio Ave., from M-1 (Light Manufacturing District) to R-2 (Mixed Residential              District); providing for publication and effective date.  The Planning and Zoning                       Commission recommended approval of the proposed zone change. 

 

                 Motion to open the public hearing.

 

                 Moved:  Cm.  Galo

                 Second:  Cm.  Agredano

                 For:      8                                         Against:  0                                            Abstain:  0

 

Jeff Puig, representing the applicant, advised City Council that the request was sent back to the Planning and Zoning Commission for a closer review of specific items with respect to engineering. He continued to explain that submitted map may lead Council to consider an M-1; however, if they would review a larger scale on a map it will show them they there are other classifications with close proximity to the property in question.

 

Ed Ramirez, Jr., Manager for Consolidated Towneast Holdings, noted that the property is virgin and he spoke in favor the zone change request. 

 

                 Motion to close the public hearing and introduce.

 

                 Moved:  Cm.  Ramirez

                 Second:  Mayor Pro Tempore Valdez

                 For:      8                                         Against:  0                                            Abstain:  0

 

                 Ordinance Introduction:  Cm.  Ramirez

 

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

City of Laredo by rezoning 3.28 acres, as further described by metes and bounds in attached Exhibit “A”, located south of Riverhill Loop, from R-2 (Multi-Family Residential District) to B-3 (Community Business District); providing for publication and effective date.  The Planning and Zoning Commission recommended approval of the proposed zone change.

 

     Motion to open the public hearing.

 

                 Moved:  Cm.  Belmares

                 Second:  Cm.  Valdez

                 For:      8                                         Against:  0                                            Abstain:  0

                

                 Juan Rodriguez, from Crane Engineering, spoke on behalf of the applicant.

 

                 Motion to close the public hearing and introduce.

 

                 Moved:  Cm.  Galo

                 Second:  Cm.  Agredano

                 For:      8                                         Against:  0                                            Abstain:  0

 

                 Ordinance Introduction:  Cm.  Galo

   

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

City of Laredo by rezoning Lot 1, Block 2, Alexander Commercial Subdivision Phase I, located at 7614 Rocio Drive, from B-1 (Limited Commercial District) to B-3 (Community Business District); providing for publication and effective date.  The Planning and Zoning Commission recommended approval of the proposed zone change.

 

     Motion to open the public hearing.

 

                 Moved:  Cm.  Belmares

                 Second:  Cm.  Amaya

                 For:      8                                         Against:  0                                            Abstain:  0

 

                 There was no public input.

 

                 Motion to close the public hearing and introduce.

 

                 Moved:  Mayor Pro Tempore Valdez

                 Second:  Cm.  Amaya

                 For:      8                                         Against:  0                                            Abstain:  0

 

                 Ordinance Introduction:  Mayor Pro Tempore Valdez

 

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

City of Laredo by authorizing a Conditional Use Permit for a thrift store and food services on Lots 1 - 8, Block 129, Eastern Division, located at 101 East San Jose Street; providing for publication and effective date.  The Planning and Zoning Commission has recommended approval of the proposed zone change.

 

     Motion to open the public hearing.

 

                 Moved:  Cm.  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.  Rendon

                 Second:  Cm.  Amaya

                 For:      8                                         Against:  0                                            Abstain:  0

 

                 Ordinance Introduction:  Cm.  Rendon

 

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

City of Laredo by rezoning 26.44 acres, as further described by metes and bounds in attached Exhibit “A” and located north of Pita Mangana Road, from R-1MH (Single-Family Manufactured Housing District) to R-1A (Single-Family Reduced Area District); providing for publication and effective date.  The Planning & Zoning Commission recommended approval of the proposed 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.  Agredano

                 Second:  Cm.  Amaya

                 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 4.28 acres, as further described by metes and bounds in attached Exhibit “A” and located on the north side of Pita Mangana Road, from R-1MH (Single-Family Manufactured Housing District) to B-1 (Limited Commercial District); providing for publication and effective date.  The Planning and Zoning Commission recommended approval of the proposed 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.  Agredano

                 Second:  Cm.  Amaya

                 For:      8                                         Against:  0                                            Abstain:  0

 

                 Ordinance Introduction:  Cm.  Agredano

 

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

City of Laredo by authorizing a Conditional Use Permit for two (2) manufactured homes as temporary housing on 18.65 acres and Lots 1 through 7, Block 1, Del Mar Hills Subdivision Section 1, located at 10 Del Mar Boulevard; providing for publication and effective date.  The Planning and Zoning Commission 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

 

Charles Urriaga, representing the Daughters of Mary Help of Christians, gave a brief history of the request. 

 

                 Motion to close the public hearing and introduce.

 

                 Moved:  Cm.  Belmares

                 Second:  Cm.  Amaya

                 For:      8                                         Against:  0                                            Abstain:  0

 

                 Ordinance Introduction:  Cm.  Belmares

   

8.  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 Enterprise on Lots 4 and 5, Block 176, Western Division, located at 1019 San Bernardo Avenue; providing for publication and effective date.  The Planning and Zoning Commission recommended denial of the proposed Conditional Use Permit.

 

     Motion to open the public hearing.

 

                 Moved:  Cm.  Galo

                 Second:  Cm.  Amaya

                 For:     8                                          Against:  0                                            Abstain:  0

 

Sylvia Mora, property owner, said that she is leasing to Sergio Reyes as an office for the nationalization of vehicles.  She reassured Council that the location is strictly for office use only.

 

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

 

                 Moved:  Cm.  Ramirez

                 Second:  Cm.  Garcia

                 For:     8                                          Against:  0                                            Abstain:  0

                

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

City of Laredo by rezoning Lot 5, Block 1, Trautmann M & I Subdivision Unit I, located at 8601 McPherson Road, from B-1 (Limited Commercial District) to B-3 (Community Business District); providing for publication and effective date.  The Planning and Zoning Commission recommended denial of the proposed zone change.

 

     Motion to open the public hearing.

 

                 Moved:  Cm.  Galo

                 Second:  Cm.  Amaya

                 For:      8                                         Against:  0                                            Abstain:  0

 

Carlos Golarte, owner of the Freshest, distributed documents with a brief history of the current project.  He asked Council to allow a variance or a special use permit to use the need of 264 sq ft which would allow them to properly display their trade mark signage in effort to entice future franchisees. 

 

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

 

                 Moved:  Cm.  Belamres

                 Second:  Cm.  Valdez

                 For:      8                                         Against:  0                                            Abstain:  0

 

                 Ordinance Introduction:  Cm.  Belmares

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

City of Laredo by rezoning Lot 1, Block 1, Rancho Verde Subdivision, located at 9652 McPherson Road, from B-1 (Limited Commercial District) to B-3 (Community Business District); providing for publication and effective date.  The Planning and Zoning Commission recommended denial of the proposed zone change. 

 

Motion to open the public hearing.

 

Moved:  Cm.  Galo

Second:  Cm.  Belmares

For:    8                                         Against:  0                                            Abstain:  0

 

Ron Whitehawk, representing Laredo Rancho Verde LTD, advised that the above request relates solely to the changing of a zone.  He said that the issue that is before Council is that this property is basically across the street from Danny’s Restaurant, which is on the other side of McPherson.  The property which is zoned B-1 has immediate frontage on McPherson.  The R-2 is a condominium project which was built by the same land developers.  The property has frontage on McPherson Road and it is the developer’s contention that a B-3 along McPherson is not an usual zone nor should it be considered to be out of character.  He noted that the property immediately to the south is a large swath of B-3s.  He went on ask Council to amend the application by allowing the front half of the property to be zoned a B-3 and the back portion to remain a B-1. 

 

Daryl Hob and Andres Zamora are residents of the condominiums who spoke against the zone change request.  They advised Council that there are fourteen children who reside in the condominiums and the zone change request could jeopardize their safety. 

 

Motion to close the public hearing and introduce as recommended.  The frontage shall be zoned as a B-3 and the remainder being zoned a B-1. 

 

Moved:  Cm.  Belmares

Second:  Cm.  Valdez

For:     6                                        Against:  0                                            Abstain:  0

 

Ordinance Introduction:  Cm.  Belmares

 

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

City of Laredo by authorizing a Conditional Use Permit for a bar on Lot 1, Block 1, Rancho Verde Subdivision, located at 9652 McPherson Road; providing for publication and effective date.  The Planning and Zoning Commission recommended denial of the proposed conditional use permit.

 

Motion to open the public hearing.

 

Moved:  Cm.  Galo

Second:  Cm.  Garcia

For:     8                                        Against:  0                                            Abstain:  0

 

Andres Zamora, President of Condominiums, expressed his concerns of having a bar at the entrance of their condominium street.  He continued by saying that the bar will multiply the chances that accidents and crimes will happen in their condominiums.    

 

Ron Whitehawk explained that residence in the condominium knew from the beginning that the contentious part of this rezoning was going to be the “proposed bar”.  He clarified that the site is already under construction and is part of the existing building which is located on the northwest corner of the property.  The entire indoor sports / café has 3,500 sq ft of which 1,000 sq. ft. has been set aside as a full service kitchen.  The facility will not be a location where anyone can go strictly drink. 

 

Robert Perez, Tierra Subdivision , spoke against the conditional use permit.    

 

Motion to close the public hearing and introduce as amended:

 

1.  The facility’s exterior lighting shall be low impact and directed towards the ground

and away from any abutting residential zones or uses including multi-family dwellings.

2.  Parking shall comply with the Laredo Land Development Code at all times.

3.  The Conditional Use Permit shall be issued to Average Joe’s Bar and is

     nontransferable.

4.  The Conditional use Permit is restricted to the activities provided in the letter,

     Exhibit “A” which is made part hereof for all purposes.

5.  The applicant shall provide an eight (8) foot opaque fence where the site directly

     abuts any residential zone or use.

6.  There shall be no live music, speakers, or televisions outside.

7.  The outdoor dining area will be closed at 10 p.m. Sunday through Thursday and at

      12 a.m. Friday and Saturday.

8.  Signage shall be limited to that which is allowed in a B-3 district.

9.  The Conditional Use Permit is restricted to the site plan, Exhibit “B”, which is made

     part hereof for all purposes.

10.  The outdoor patio will be screened with a four (f) foot fence around the deck.

11.  The Conditional Use Permit is issued for a three-year time period.

 

Moved:  Cm.  Belmares

Second:  Cm.  Galo

For:     8                                        Against:  0                                            Abstain:  0

 

Ordinance Introduction:  Cm.  Belmares

 

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

2005 – 2006 Annual Budget by increasing revenues and expenditures in the amount of $8,463.00 in additional funds, for a total of $26,352.00 from the Texas Department of State Health Services for the Binational TB Card Pilot Project of the City of Laredo Health Department and extending the grant period of November 1, 2004 through September 30, 2005 to November 1, 2004 through December 31, 2005.

 

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.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

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

payment of $56,350.00 from South Texas Paving Company, Laredo, Texas, in lieu of dedication of 1.61 acres of park land in Woodridge Heights Subdivision as required by the City of Laredo Annexation Service Plan; and amending the Fiscal Year 2005 – 2006 Capital Improvements Fund to appropriate revenues and expenditures in the amount of $56,350.00, provided by South Texas Paving Company for park improvements at North Central Park.

 

Motion to open the public hearing.

 

Moved:  Cm.  Galo

Second:  Cm.  Valdez

For:     8                                        Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce with amendment of earmarking the fund for Borcher’s Elementary.  

 

Moved:  Cm.  Belmares

Second:  Cm.  Valdez

For:     8                                        Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

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

2005 – 2006 Annual Budget by transferring (1) one Administrative Assistant II position from the Juvenile Accountability Incentive Block Grant (JAIBG) to the Laredo Police Departments General Fund 101-2320 Division.  Funding to pay for the salary and fringe benefits is available from within the Laredo Police Department Operating Budget.

 

Motion to open the public hearing.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Garcia

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

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

2005 – 2006 Annual Budget by appropriating expenditures in the amount of $537,900.00 in the Laredo Police Department Trust Fund. Funding will be used to purchase operational materials and supplies and capital outlay equipment. Items include tactical vehicles, video time lapse analysis system, surveillance equipment, computer support equipment and maintenance, drug K-9 dogs, and other needed items.  Funding is available in the Police Trust Fund.

 

Motion to open the public hearing.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

Cm.  Garcia advised that the funds should be used to expedite the installation of a fence for the police vehicles.    

 

Motion to close the public hearing and introduce as amended.  The funds shall be used for installing a fence at the police department. 

 

Moved:  Cm.  Agredano

Second:  Cm.  Valdez

For:     8                                        Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

16.  First public hearing and introductory ordinance amending Ordinance No. 2004-O-087

by authorizing the granting to Batista Roman Enterprises, Inc., (a non-exclusive franchise commercial container service in the City of Laredo, Texas), an increase in service rates due to fuel and equipment price increases; and amending the franchise agreement to include Batista Roman Enterprises, Inc., dba Orange Waste Management.

 

Motion to open the public hearing.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                                        Against:  0                                            Abstain:  0

 

Cm.  Belmares asked why the City required Batista Roman Enterprises, Inc. to come back to City Council to set a higher rate.  Shouldn’t the City want to require a minimum?  He added that the rate should be set by the market. 

 

Oscar Medina, Solid Waste, explained that the ordinance was written twenty five years ago.  The ordinance reads that if the owner wants to raise his rates that he must come before Council. 

 

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

 

17.  Authorizing the City Manager to execute a lease with Humberto Aguilera for

approximately 996 square feet constituting Building No. 193 located at 5301 Maher Avenue at the Laredo International Airport. Lease term is for five (5) years commencing on October 1, 2005, and ending on September 30, 2010.  However, it is agreed by the parties that the lease may be terminated by either party upon giving a one hundred and eighty (180) day notice from the party terminating to the other. Monthly rent shall be $825.00 and shall be adjusted annually according to changes in the Consumer Price Index. Mr. Humberto Aguilera was the successful bidder meeting all bid specifications.

 

Ordinance Introduction:  City Council

 

18.  Authorizing the City Manager to execute a lease with Ronny Salamon d/b/a Avionics

Services International for approximately 6,174 square feet constituting Building No. 1338 located at 4015 North Jarvis Avenue at the Laredo International Airport. Lease term is for five (5) years commencing on October 1, 2005 and ending on September 30, 2010.  However, it is agreed by the parties that the lease may be terminated by either party upon giving a one hundred and eighty (180) day written notice.  Monthly rent shall be $1,503.00 and will be adjusted annually accordingly to changes in the Consumer Price Index.  Mr. Ronny Salamon was the successful bidder meeting all bid specifications.

 

Ordinance Introduction:  City Council

 

19.  Amending Ordinance No. 2002-O-047 and No. 2004-O-050 by dividing Precinct 345

into two (2) voting precincts to be numbered voting precincts 345 and 359;   and by dividing voting precinct 446 into two (2) voting precincts to be numbered voting precincts 446 and 458; providing for publication and providing for an effective date.

 

Ordinance Introduction:  City Council

 

20.  Ordering and proclaiming a Special City Election to fill a vacancy for Council Member

for District VII to be held on Saturday, February 4, 2006, designating polling places, designating the runoff date; and authorizing the City Manager to enter into a contract with the Webb County Elections Administrator; and providing for publication.

 

Ordinance Introduction:  City Council

 

21.  Accepting funding through a grant under Fiscal Year 2005 – 2006 Pre-Disaster

Mitigation (PDM) Grant Program approved by the Federal Emergency Management Agency (FEMA) and the State of Texas in the amount of $97,640.00. Seventy-five percent (75%) of the cost ($73,230.00) will be provided by the grant and the remaining twenty-five percent (25%) of the cost ($24,410.00) will be an in-kind match from the City of Laredo. This is to fund a project that will develop a comprehensive Hazard Mitigation Action Plan for the City of Laredo.

 

Ordinance Introduction:  City Council

 

22.  Authorizing the City Manager to execute a lease with St. Patrick’s Church of a parcel

of land of 3,455.00 square foot (0.0793 acre) located at the corner of Fenwick and Del Mar, as described in Exhibit A of Exhibit 1 attached hereto, for a term of 10 years at a monthly rent of $25.00; and providing for effective date.

 

Ordinance Introduction:  City Council

23.  Authorizing the City Manager to execute all necessary documents to effectively convey

a twelve (12)-foot-wide  Easement and Right-of-Way to AEP Texas Central Company for the installation of a three (3)-phase in-line pole to serve Fire Station No. 14 on Cielito Lindo Boulevard. Said twelve (12)-foot-wide Easement and Right-of-way containing 1,925.48 square feet (0.0442 of an acre), out of Lot No. 2, Block No. 3, of the Cielito Lindo Commercial Plat, recorded in Volume 23, page 56, of the Map Records of Webb County, Texas, being described on attached Exhibit A; and providing for an effective date.

 

Ordinance Introduction:  City Council

 

24.  Establishing guidelines and criteria governing tax abatements by the City of Laredo;

       providing for severability; providing for an effective date and publication.

 

       Ordinance Introduction:  City Council

 

IX.       FINAL READING OF ORDINANCES 

 

Motion to waive the final reading of Ordinances # 2005-O-052, # 2005-O-253, # 2005-O-254, # 2005-O-255, # 2005-O-256, # 2005-O-257, # 2005-O-258, # 2005-O-259, # 2005-O-260, # 2005-O-261.

 

            Moved:  Cm.  Galo

            Second:  Cm.  Garcia

            For:     8                                               Against:  0                                            Abstain:  0

 

25.  2005-O-252  Amending the Zoning Ordinance Map of the City of Laredo by

authorizing a Conditional Use Permit for a nationalization of vehicles enterprise on Lots 8-12, Block 808, Western Division, located at 3019 San Bernardo Avenue; providing for publication and effective date.

 

Motion to adopt Ordinance # 2005-O-252.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:      8                             Against:  0                                Abstain:  0

 

                  2005-O-253  Authorizing the City Manager’s acceptance of a grant from the U.S.

    Environmental Protection Agency (EPA) in the amount of $87,750.00

    with $29,250.00 in matching funds for a total of $117,000.00 and     

    amending the City of Laredo’s Fiscal Year 2005 – 2006 Annual Budget

    for the NPDES Fund by appropriating the said grant revenue to the

    appropriate expenditure accounts. The grant funds will be used for the

    Chacon Creek Stream Restoration Project, Phase-2. 

 

Motion to adopt Ordinance # 2005-O-253.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:      8                             Against:  0                                Abstain:  0

 

                   2005-O-254  Amending the City of Laredo Fiscal Year 2005 – 2006 Communication

     System Fund Budget by appropriating revenues and expenditures in the

     amount of $1,600,000.00 respectively. The revenues are from lease

     purchase proceeds related to financing of necessary equipment for the

     800 MHz Trunked Radio Communication System. As Amended.

 

Motion to adopt Ordinance # 2005-O-254.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:      8                             Against:  0                                Abstain:  0

 

2005-O-255  Authorizing the City Manager to amend the Fiscal Year 2005 – 2006

250th Anniversary Celebration Budget to appropriate a fund balance in the amount of $25,230.00 for a total budget of $59,665.00 for scheduled 250th Anniversary Celebration Events. 

 

Motion to adopt Ordinance # 2005-O-255.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:      8                             Against:  0                                Abstain:  0

 

                   2005-O-256  Amending the City of Laredo 2005 – 2006 Annual Budget for the   

     Communication System Fund in the amount of $1,159,758.00.  The City

     of Laredo will be utilizing these funds for the purchase of equipment for

     the City of Laredo’s proposed 800 MHz Trunked Radio Communication

     System.  Funding is available as a transfer-in from various City

     Departments.

 

Motion to adopt Ordinance # 2005-O-256.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:      8                             Against:  0                                Abstain:  0

 

                   2005-O-257  Amending the City of Laredo Fiscal Year 2005 – 2006 Annual Budget by

     appropriating revenues and expenditures in the amount of $16,500.00 in

     grant funds from the United States –Mexico Border Health Commission

     in coordination with the Health Resources Services Administration

     (HRSA) for the Border Binational Health Week of the City of Laredo

     Health Department for the period beginning October 1, 2005 through

     October 23, 2005.

 

Motion to adopt Ordinance # 2005-O-257.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:      8                             Against:  0                                Abstain:  0

 

       2005-O-258  Amending the City of Laredo 2005 – 2006 Annual Budget in the amount

     of $124,624.00 and accepting a grant awarded by the Office of Justice

     Programs, Bureau of Justice Assistance, in the amount of $124,624.00 for

     the 2005 – 2006 Justice Assistance Grant. The Office of Justice Programs

     is contributing the full grant amount of $124,624.00 with no match

     amount required of the City of Laredo. The City of Laredo and Webb

     County will each receive $62,312.00. The City of Laredo will utilize this

     funding for the purchase of equipment for Homeland Security purposes

     by the Laredo Police Department for the period of October 1, 2004

     through September 30, 2008.

 

Motion to adopt Ordinance # 2005-O-258.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:      8                             Against:  0                                Abstain:  0

 

                   2005-O-259  Accepting a grant in the amount of $94,442.00 from the Texas

     Department of Transportation for the Comprehensive Commercial Motor

     Vehicle STEP Program and amending the City of Laredo’s Fiscal Year

     2005 – 2006 Annual Budget in the amount of $44,442.00. The City of

     Laredo will be contributing a cash match in the amount of $24,668.00 for

     a total grant amount of $119,110.00. This grant is for overtime and fringe

     benefits.

 

Motion to adopt Ordinance # 2005-O-259.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:      8                             Against:  0                                Abstain:  0

 

                   2005-O-260  Amending the City of Laredo’s 2005 – 2006 Annual Budget in the Capital

     Grant Fund by appropriating revenues and expenditures in the amount of

     $1,750,000.00 received in federal funds in 2005 to initiate the installation

     and activation of Intelligent Transportation System (ITS) and authorizing

     the City Manager to implement said budget.

 

Motion to adopt Ordinance # 2005-O-260.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:      8                             Against:  0                                Abstain:  0

 

2005-O-261  Amending the City of Laredo Fiscal Year 2005 – 2006 Annual Budget for

the Water Operations Fund by increasing the Full Time Equivalent positions (FTE’s) by five (5) and drawing down an opening balance and appropriating expenses in the amount of $469,424.00, for the addition of a five (5) member water distribution crew and equipment.

 

Motion to adopt Ordinance # 2005-O-261.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:      8                             Against:  0                                Abstain:  0

 

X.        RESOLUTIONS

 

26.  2005-R-106  Authorizing the City Manager to accept a donation of a K-9 Dog from Mr.

Raul Nava, at no cost to the City of Laredo.  The Laredo Police Department will add the K-9 Dog to the existing K-9 Unit to assist in the apprehension of illegal drugs.

 

Motion to approve Resolution # 2005-R-106.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                               Against:  0                                Abstain:  0

 

27.  2005-R-108  Accepting the donation of one (1) parcel of land as a Utility Easement

from Prada Development, Ltd., this being a 1.1285 acre parcel of land, more or less, same being a 20-foot Sanitary Sewer Easement out of the Camilo Prada Machin 134.227 acre tract recorded in Volume 720, Pages 26-37 of the Webb County Deed Records, situated within the City of Laredo limits, Webb County Texas; and described by Metes and Bounds and Survey attached as Exhibits A and B. 

 

Motion to approve Resolution # 2005-R-108.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                               Against:  0                                Abstain:  0

 

28.  2005-R-109  Accepting the donation of a tract of 22.087 acres from Muller Family

Partnership, LTD., which is described by metes and bounds in the Warranty Deed dated September 24, 2005, attached to this Resolution as Exhibit A; and dedicating said 22.087 acres as a City Park to be called Robert Muller Park.

 

Motion to approve Resolution # 2005-R-109.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                               Against:  0                                Abstain:  0

 

29.  2005-R-110  Adopting the National Incident Management System (NIMS) as the

standard for incident management by the City of Laredo, Texas. The need for adopting this is federally mandated as a pre-condition to the receipt of federal grants, contracts, and activities related to the management and preparedness for certain disasters and hazard situations; and directing the City Manager to submit a copy of this Resolution to the Division of Emergency Management – Texas Department of Public Safety.

 

Motion to approve Resolution # 2005-R-110.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                               Against:  0                                Abstain:  0

 

30.  2005-R-111  Authorizing the City Manager to execute an Interlocal Agreement with

the City of Encinal for the daily disposal of garbage at the City of Laredo’s landfill site at a reduced rate of thirty ($30.00) dollars per ton for a one (1) year term, effective August 2, 2005.

 

Motion to approve Resolution # 2005-R-111.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                               Against:  0                                Abstain:  0

 

31.  2005-R-112  Declaring the public necessity to acquire the “Surface Only” of one parcel

of land for the Upper Zacate Creek Improvements Project.  Said parcel        being Lot 2, Block 16, Sanchez Ranchito Acreage Trust Subdivision, City of Laredo, Webb County, Texas, as delineated on attached copy of City Plat; and authorizing staff to negotiate for the acquisition of said parcel by purchase at a market value to be established by a State Certified Real Estate Appraiser, and further authorizing the City Attorney to initiate condemnation proceedings to acquire said parcel if staff is unable to acquire through negotiations due to inability to agree to a purchase price, conflict of ownership, owner refusal to sell, and/ or inability to locate the listed owner. 

 

Motion to approve Resolution # 2005-R-112.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                               Against:  0                                Abstain:  0

 

32.  2005-R-113  Accepting a grant from the Texas Department of State Health Services in

the estimated amount of $3,465,491.00 in funds from the Women, Infants, and Children (WIC) Program for the City of Laredo Health Department for the period beginning October 1, 2005 through September 30, 2006.

 

Motion to approve Resolution # 2005-R-113.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                               Against:  0                                Abstain:  0

 

33.  2005-R-114  Authorizing the City Manager to execute Grant Agreement CSJ No.

M622LREDO with the Texas Department of Transportation under the Routine Airport Maintenance Program in the amount of $30,000.00 for the purpose of airside and landside maintenance at the Laredo International Airport. The City’s fifty (50%) percent Local Match for this project in the amount of $30,000.00 is available in the Airport Construction Fund.

 

Motion to approve Resolution # 2005-R-114.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                               Against:  0                                Abstain:  0

 

XI.       MOTIONS

 

34.  Consideration to award a contract to the sole source provider, Transcore LP, for the

purchase of an additional 7,000 Automatic Vehicle Identification (A.V.I.) tags as part of the current toll collection system in an amount not to exceed $245,000.00.  Funding is available in the Bridge System Fund.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

35.  Consideration for approval of Change Order No. 1 an increase of $1,124.00 for the

balance of quantities actually constructed in place, acceptance of the Reconstruction of the Market/Bartlett Intersection, and approval of final payment in the amount of $4,754.50 to ALC Construction, LLC., Laredo, Texas.  Final construction contract amount is $37,429.00.  Funding is available in the Transit Tax and Revenue CO 2005 – Improvements Other Than Buildings – Project: TRMARK.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

36.  Authorizing the City Manager to enter into contract with the consulting firms named

below for intergovernmental, informational, and advocacy services to be provided to the City of Laredo during the period of October 1, 2005 through September 30, 2006. Funding is available in the General Fund Purchased Professional Services Account. The annual Washington, D.C., reception expenses will be paid through private sector sponsorships.

 

*  Miller Van Eaton, P.L.L.C., Washington, DC, in the amount of $84,000.00 plus

out of pocket expenses not to exceed $11,550.00 and up to $30,000.00 for expenses to be incurred for the annual Washington, D.C.,  reception.

*  Government Relations Consultants, Oakton, Virginia, in the amount of

    $90,000.00 plus travel and other out of pocket expenses as may be pre-approved.

*  Baker Botts, LLP, Austin, Texas in the amount of $60,000.00, plus out of pocket

    expenses not to exceed $5,000.00.

*  McWilliams & Associates, Austin, Texas, in the amount of $48,000.00.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

37.  Consideration to authorize payment to seven (7) vendors, Sprint, Intrado, DIR, SBC,

Cingular, Nextel and Verizon, for providing 9-1-1 telephone network, database, wireless, equipment lease,  and equipment maintenance services for the Four (4) County Regional 9-1-1 System in the projected amount of $466,000.00. Projected amounts are based on telephone counts at time of billing.  Funding is available in the 9-1-1 Regional Fund. 

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

38.  Consideration to authorize the City Manager to place work orders with several

advertising agencies for the design and production of advertisements and marketing materials to promote the City of Laredo as a destination.  Funding is available in the Convention & Visitors Bureau Marketing Division Budget.

 

Motion to approve.

 

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

39.  Authorizing the City Manager to award a contract to Severn Trent Laboratories, Inc.,

Corpus Christi, Texas, not to exceed $36,900.00 for analytical services on stormwater samples in accordance with EPA approved standard methods.  These samples are required under the TPDES Stormwater permit.  Funding is available in the Environmental Services Department Budget.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

40.  Authorizing the City Manager to execute a renewal of a professional services contract

with Carlos J. Romero, D.D.S., in an amount up to $65,000.00 to provide public health services to clients of the Dental Clinic of the City of Laredo Health Department for the period beginning October 1, 2005 through September 30, 2006.  Funding is available in the Texas Department of State Health Services Title-V Dental Budget.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

41.  Motion to authorize the City Manager and staff to negotiate the final terms of a       

$50,000.00 settlement of an outstanding dispute between Time Warner Cable and the City.  The pending payment resolves the issues in dispute in regard to an audit of franchise fee payments and neither party waives or concedes its position on the issues.  This settlement will not control the resolution of these issues should they arise in the future.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

42.  Authorizing the City Manager to execute a contract with Serving Children and        

Adolescents In Need (SCAN) for Fiscal Year 2005 – 2006 in the amount of $13,500.00.  Funding is available in the General Fund / Aid to Other Agencies.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

43.  Authorizing the City Manager to execute a contract with the Laredo Animal Shelter for

animal control services for Fiscal Year 2005 – 2006 in the amount of $146,000.00.  Funding is available in the General Fund / Aid to Other Agencies.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

44.  Authorizing the City Manager to execute a contract with the Children’s International

Advocacy Center of Webb County in the amount of $22,500.00.  Funding is available in the General Fund / Aid to Other Agencies.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

45.  Authorizing the City Manager to enter into a one (1) year service agreement with

Sungard H.T.E., Inc., Lake Mary, FL, in the amount of $84,955.00. The service agreement is for service and maintenance on the financial applications residing on the City’s IBM iSeries computer system for the period of October 1, 2005 through September 30, 2006.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

46.  Authorizing the City Manager to negotiate a contract with United Sports Equities, LLC,

for the lease of Veterans Field based on their proposal to bring semi-professional baseball to Laredo Veterans Field. 

 

Horacio De Leon, Assistant City Manager, said that the Baseball Contract Committee met last week to review the best and final proposals.  He said that the committee would like to recommend a negotiation with United Sports Equities subject to them submitting their financials during that time.  Since then, they have submitted documentation that touches on their financials but they do not meet the City’s financial requirements.   At this time, the City has them as not meeting the Request for Proposals.  So staff would like to recommend to Council that Council may make a motion for staff to negotiate the contract with United Sports Equities, LLC. subject to them submitting their financials.  Staff would also request that United Sports submit a one million dollar performance bond.      

 

Cm. Galo said that United Sports submitted a million dollar performance statement because they had some concerns about letting some of their financial statements be subject to open records.  If they are willing to put up a million dollar performance bond then the City should waive any requirement for the financials.   

 

Cm. Belmares said the issues are for the facility that they want to build.  If they cannot produce financials for the City then maybe the next item should be tabled until they can do so.  He discouraged negotiations with a company for a stadium who cannot produce financials.    

 

Mayor Pro Tem Valdez stated that Council is considering a one year contract at Veterans Field which has nothing to do with the stadium.  He noted that he would not have an issue with the company submitting a performance bond. 

 

Cm.  Garcia advised that he would like to see a stronger commitment from the company. 

 

Cm.  Galo explained that the year commitment would anticipate building the other stadium because Veteran’s field is a losing proposition for them. 

 

Horacio De Leon, Assistant City Manager, advised that the action taken tonight would authorize the staff to negotiate the contract.  He said that the City can negotiate a one year contract with the option for an additional year. 

 

Cm.  Garcia said that he would prefer for the contract to last for three years with an option to opt out after one year. 

 

John Bryant, CEO of United Sports Equities, explained that he has met with City staff to discuss leasing Veteran’s Field to bring minor league baseball back to Laredo.    Somehow along the way the proposals have been bifurcated into two pieces and dissected from our original proposals which were both to lease Veterans Field and to begin building a stadium at our expense on land provided by the City.  He continued to say that their proposal is actually for 41 years which includes one year at Veterans field for a back up in case there are problems with the construction. 

 

Cm.  Belmares asked Mr.  Bryant if he has submitted an audited financial statement to the City. 

 

Mr.  Bryant explained that his certified public accountant submitted an unaudited copy.  He noted that the challenge that the company has is that they were formed less than a year ago and they do not have the requirements to produce audited statements until the end of the year. 

 

Ricardo De Anda, attorney for United Sports, said that his clients are willing to break up the negotiations into two pieces as staff desires and negotiate a lease for West Martin Field or Veterans Field for one year with an option as we may negotiate the construction of a stadium.  My clients are willing to bill the season tickets on a monthly basis so that there is not a front cash paid for by the season ticket holders so in the unlikely event that the season does not end season ticket holders would not be left out.

He continued to say the same procedure would be used for advertising.  With respect to building the stadium the company will provide whatever financial requirements they may see fit to guarantee to the City that his clients will be able to post whatever financial requirements the city will request.  They will perform according to the negotiations.  He said that in order to negotiate the company does not need a slew of financial statements because all they are doing is negotiating. 

 

Cm.  Galo explained that the legal department felt it was important to split the motion because of the way the request for proposal was issued. 

 

Motion to authorize the City Manager to negotiate and return back to Council with recommendations. 

 

Moved:  Cm.  Galo

Second:  Cm.  Ramirez

For:     8                                        Against:  0                                            Abstain:  0

 

47.  Authorizing the City Manager to initiate a feasibility study for the development of a

new baseball facility for the purpose of accommodating a semi-professional baseball team in the City of Laredo; and to make periodic staff reports to City Council on the subject.

 

Motion to postpone the item.

 

Moved:  Cm.  Belmares

Second:  Cm.  Garcia

 

Motion to approve. 

 

Moved:  Cm.  Galo

Second:  Cm.  Valdez

For:     8                                        Against:  0                                            Abstain:  0

 

48.  Refund of property tax in the amount of $3,699.28 to the following taxpayers and

       companies:

 

1.  A refund in the amount of $3,699.28 payable to Daniel E. O’Connell, bankruptcy

    trustee, due to an overpayment.  Account # 559-01794-120.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

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

month of September 2005 represents an increase of $56,767.18. These adjustments are determined by Webb County Appraisal District and by court orders.

 

Motion to approve.

 

 

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

50.  Consideration to award a professional services contract to NRS of Harlingen, Texas for

the amount of $242,000.00 to design and prepare plans and specifications for the   TAMIU 2.0 million gallon elevated storage tank.  Funding is available in the 2005 Water Bond Issuance.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                                        Against:  0                                            Abstain:  0

 

XII.     STAFF REPORTS

 

51.  A.  Discussion with possible action regarding the Laredo Commission for Women 2005

             – 2006 Action Plan and requesting funding for the proposed activities.

 

Francis Waworski, President of the Laredo Commission for Women, explained that their main objective is to promote women’s issues.  The Commission works on different projects throughout the year.  She explained the Commissions activities and asked Council for additional funding for the 2006 Women’s Hall of Fame. 

 

Larry Dovalina, City Manager, said there are some procedural issues involving the funding for the Laredo Commission for Women.   

 

Horacio De Leon, Assistant City Manager, said that he has been meeting with two Council members to discuss the Commission and they have been looking at different activities and funding sources for each of the activities that the Commission is considering. 

 

1st Quarter  nnn   Domestic Violence $4,000.00

Month

Activity/Event

Person(s) Responsible

Money

Allocated

October

Domestic Violence Conference

 

Bebe Flores, Chair

Alicia Medina

Rebecca Benavides

 

 

$2,000.00

 

 

 

 

November

Thanksgiving Dinner

·        Purchase through Food Bank

·        100 Baskets

Alicia Medina, Chair

Marta Martinez

Diana Rodriguez

 

$2,000.00

 

 

 

 

December

Nominations for 2006 Hall of Fame

Bebe Flores, Chair

Alicia Medina

Rebecca Benavides

Martha Martinez

 

 

$0.00

 

 

Motion to approve the action plan for 2006 for the Laredo Women’s Commission.

 

Moved:  Cm.  Belmares

Second:  Cm.  Rendon

For:     8                                   Against:  0                                            Abstain:  0

 

      B.  Presentation by Mr. Mike Pescador, Interim Parks and Recreation Director,

regarding available city property for possible use as a water park, with possible action.

 

Mike Pescador, Parks and Recreation, said that at a previous City Council meeting staff was asked to come back to Council regarding the availability of the city owned properties tract of land around the city.  Staff is recommending 39 acres which is  next to the Laredo Entertainment Center

 

C.  Discussion with possible action to consider Police Officer Victor Villarreal’s first

request for an extension of injury leave with pay in accordance with Chapter 143 Section 143.073 (b) of the Texas Local Government Code.

 

Dan Migura, Administrative Services Director, reported there was an injury on August 26, 2003 that led to surgery on June 22, 2005.  He is currently in the process of recovering from surgery.  His injury pay was exhausted on September 30, 2005 so he is requesting and staff is supporting a 90 day extension.  From all indications, he is recovering and may be able to return to work in November. 

 

Motion to approve. 

 

Moved:  Cm.  Rendon

Second:  Cm.  Amaya

For:     8                                   Against:  0                                            Abstain:  0

 

XIII.    GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS

 

52.  A.  Request by Council Member Hector J. Garcia

 

1.  Discussion with possible action regarding the flooding problem at the 3600

     Block of Ash Street.

 

Cm.  Garcia expressed his concern for the people that reside at the 3600 block of Ash Street.  He added that every time it rains their properties are flooded. 

 

Rogelio Rivera, City Engineer, said the relief will come after staff does the development fronting Hwy 59 with a developer’s contribution to finalize the drainage that is required.  He advised that staff will be placing parallel lines all the way from the area of intake which is right on the north of the subdivision of North Heights.  It will take the excess water to Paul Young’s Pond.  In the meantime, staff has a proposition where they can place an easement through the lots for relief in that area; however, staff needs to locate the funding.   He said that staff would proceed with the plans. 

 

Cm.  Garcia noted that the City Manager should locate funds for  the project of relieving the flooding problem at the 3600 Block of Ash Street. 

 

                   B.  Request by Council Member John C. Galo

 

1.  Discussion with possible action regarding amending Section 28-105 of the Code

of Ordinances which would allow for additional locations for permitted street vendors.

 

Cm.  Galo discussed three tracts of land that should be considered for vendors including the Tatangelo Walk Way, Los Dos Laredos, and Jarvis Plaza

 

Mike Pescador, Parks and Recreation Interim Director, said that staff would need to amend the current ordinance.   

 

Mayor Flores asked staff to return to City Council with recommendations. 

 

                    C.  Request by Council Member Juan Ramirez

 

1.  Discussion with possible action regarding police surveillance in the Azteca

     Neighborhood.

 

Cm.  Ramirez advised Council that the 300 block of Hidalgo is being terrorized by burglars.  He requested surveillance in the Azteca Neighborhood.  

 

Police Chief Agustin Dovalina reported that there have been a number of surveillances in that area in the last three weeks.  He continued to say that they have seized stolen property, arrested a burglar, and will continue to investigate some narcotic activity that was possibility taking place. 

 

2.  Discussion with possible action regarding increasing Fiscal Year 2005 – 2006

third party funding to the Border Area Nutrition Council by $10,000 for a total award of $28,125.00.

 

Motion to approve.

 

Moved:  Cm.  Ramirez

Second:  Mayor Pro Tem Valdez

For:     8                                          Against:  0                                Abstain:  0

 

3.  Discussion with possible action regarding the creation of a soccer field in the Las

Palmas Park with District VIII Capital Improvement Project discretionary funding.

 

Cm.  Ramirez noted that he has had a discussion with the Parks and Recreation Interim Director they are going to create a soccer field in the Las Palmas park.  

 

4.  Receive inquiry from Joseph Chalko – Bush regarding the creation of a citizen

     police review board.

 

     This item was not discussed because Joseph Chalko was not in attendance.

 

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.

 

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

order to deliberate on the value of, and possible exchange of real property located in and around the Laredo International Airport, because deliberation in an open meeting would have a detrimental effect on the position of the City Council in negotiations with third persons; and return to open session for possible action.

 

Motion to postpone. 

 

Moved:  Mayor Pro Tem Valdez

Second:  Cm.  Belmares

For:     8                                        Against:  0                                            Abstain:  0

 

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

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

 

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

 

Moved:  Cm.  Galo

Second:  Mayor Pro Tempore Valdez

For:     8                                        Against:  0                                            Abstain:  0

 

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

 

Motion to extend the meeting for fifteen minutes.

 

Moved:  Cm.  Agredano

Second:  Cm.  Belmares

For:     8                                        Against:  0                                            Abstain:  0

 

Motion to extend the City Manager’s contract for another year and grant a cost of living adjustment of 2.5 percent. 

 

Moved:  Cm.  Garcia

Second:  Cm.  Belmares

For:     6                                        Against:  2                                            Abstain:  0

                                                     Cm.  Galo                                           

                                                     Cm.  Ramirez

 

XV.      ADJOURNMENT

 

SUPPLEMENTAL AGENDA

 

I.            RESOLUTION

 

1.  2005-R-116  Declaring the public necessity to acquire the “Surface Only” of one (1)

parcel of land for construction of the Central Laredo Senior Citizen Center.  Said parcel being Lot 8, Block 320, Eastern Division, City of Laredo, Webb County, Texas; as delineated on attached copy of City Plat; and authorizing staff to negotiate with the owner for the acquisition of said parcel by purchase at a market value to be established by a State Certified Real Estate Appraiser, and further authorizing the City Attorney to initiate condemnation proceedings to acquire said parcel if staff is unable to acquire due to inability to agree to a purchase price, conflict of ownership, owner refusal to sell, and/or inability to locate the listed owner(s).  

 

Motion to approve Resolution # 2005-R-116.

 

Moved:  Cm.  Belmares

Second:  Cm.  Agredano

For:     8                                Against:  0                                Abstain:  0

 

II.         MOTION

 

1.  Consideration  to award a contract to Motorola, Inc., in an amount not to exceed

$6,956,068.00 for the procurement and implementation of a new 800 MHz Trunked            Radio Communication System. Funding is available in the Communication System Fund.

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:      7                                         Against:  1                                            Abstain:  0

                                                       Cm.  Ramirez

 

III.      GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS

 

1.  A.  Request by Council Member Johnny Rendon

 

1.      Status report on traffic congestion at the intersection of Calton Road and Yeary, with possible action. (Co-sponsored by Cm Hector Garcia.)

 

Roberto Murillo, Traffic Director, advised that there was a study done last year that provided for five different alternatives.  The main problem is along the I H 35.  Staff provided an alternative for an approximate cost of $182,000. Staff had this on the agenda for the Transportation and Safety Committee; however, the committee did not have a quorum. 

 

Cm.  Rendon asked if it was possible to make Yeary a one way street for 90 days as part of a pilot program. 

 

Roberto Murillo, Traffic Director, said that he would need to create ordinance to implement a one way on Yeary.   

 

Motion to instruct the City Manager to create and Ordinance which will allow staff to create a pilot program to change Yeary Street into a one way for 90 days to see if it will ease the flow of traffic. 

 

Moved:  Cm. Rendon

Second:  Mayor Pro Tem Valdez

For:     8                                     Against:  0                                Against:  0

 

IV.       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.

 

V.          ADJOURNMENT

 

Motion to adjourn.                                                                                               Time:11:15 p.m.

 

Moved:  Cm.  Agredano

Second:  Cm.  Amaya

For:     8                                                  Against:  0                                          Abstain: