CITY OF LAREDO

CITY COUNCIL MEETING

A-2002-R-022

CITY COUNCIL CHAMBERS

1110 HOUSTON STREET

LAREDO, TEXAS 78040

NOVEMBER 18, 2002

5:30 P.M.

 

DISABILITY ACCESS STATEMENT

Persons with disabilities who plan to attend this meeting and who may need auxiliary aid or services are requested to contact Gustavo Guevara, City Secretary at (956) 791-7308 at least two working days prior to the meeting so that appropriate arrangements can be made.  The accessible entrance and accessible parking spaces are located at City Hall, 1100 Victoria Ave.

 

Out of consideration for all attendees of the City Council meetings, please turn off all cellular phones and pagers, or place on inaudible signal.  Thank you for your consideration.

 

 

 I.         CALL TO ORDER

 

II.         PLEDGE OF ALLEGIANCE

 

III.        ROLL CALL

 

IV.       MINUTES

 

V.        COMMUNICATIONS AND RECOGNITIONS

 

Announcements

a.      Musical performance by Nye Elementary Choir.

 

Invitations

a.      Presentation by H.E.B. regarding Feast of Sharing Thanksgiving Dinner scheduled for November 24, 2002 at the Laredo Civic Center at 11:00 a.m.

 

Recognitions

 

Communiqués

 

VI.       APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES

           


 VII.     PUBLIC HEARINGS

 

1.             Individual public hearings for the voluntary annexation of five (5) tracts of land totaling 679.71 acres, more or less, and the unilateral annexation of one (1) tract of land totaling 607.02 acres, more or less, for a total of 1,286.73 acres, more or less, as described in the attached tract summaries as required by Section 43.063 of the Texas Government Code.

Voluntary Annexations:

Tract 2: E.G. Ranch Tract- 214.90 acres, more or less, located south of SH 359 and west of the City landfill. Petitioner: E.G. Ranch, Ltd.

Tract 3: Las Misiones Tract- 83.0116 acres, more or less, located south SH 359 and west of the City landfill. Petitioners: Mr. Rene Soliz and Mr. A.R. “Tony” Sanchez

Tract 4: Piña Tract - 120.13 acres, more or less, located east of IH 35 and south of the IH 35/US 83 intersection. Petitioner: Librado Piña & Lilia Piña Family Partnership.

Tract 5: Treviño Tract- 5.00 acres, more or less, located east of Loop 20 and north of SH 359. Petitioner: Mr. Humberto Treviño, Jr.

Tract 6: Zachary Tract – 256.67 acres, more or less, located east of Ejido Avenue and south of Eistetter Road. Petitioner: H.B. Zachary Company.

Unilateral Annexations:

Tract 7: IH 35 Tract - 607.02 acres, more or less, located along IH 35 from Uniroyal Drive to approximately ¼ mile south of the IH 35/US 83 intersection. Petitioner: City of Laredo.

 

2.             Public hearing and introductory ordinance amending the Zoning Ordinance map of the City of Laredo by rezoning Lots 7 and 8, Block 99, Western Division, located at 603 Farragut St., from B-1 (Limited Commercial District) to B-3 (Community Business District); providing for publication and effective date.  The Planning and Zoning Commission has recommended denial of the proposed zone change.

 

3.             Public hearing and introductory ordinance amending the Zoning Ordinance map of the City of Laredo by rezoning all of Block 719, Western Division, located at the 3300 Block of Anna Avenue, from R-3 (Mixed Residential District) to M-1 (Light Manufacturing District); providing for publication and effective date.  The Planning and Zoning Commission has recommended denial of the proposed zone change and approval of a Conditional Use Permit.

 

4.             Public hearing and introductory ordinance amending the Zoning Ordinance map of the City of Laredo by rezoning 3.1570 acres, as further described by metes and bounds on attached Exhibit “A,” located north of Shiloh Drive and west of McPherson Road, R-1 (Single Family Residential District) to B-3 (Community Business District); providing for publication and effective date.  The Planning and Zoning Commission has recommended approval of the proposed zone change.

 

5.             Public hearing and introductory ordinance accepting a direct aid grant from the Loan Star Libraries Program of the Texas State Library in the amount of $22,323.00 to purchase new computer hardware and amending the City of Laredo fiscal year 2002-2003 annual budget by decreasing the reserved appropriation amount by $2,667.00.

 

6.             Public hearing and introductory ordinance amending the FY 2002-2003 Fire Prevention and Arson Fund Budget by accepting a donation of $400.00 from Sam’s Club Foundation and appropriating said funds to purchase fire safety educational promotional materials for the Fire Department Prevention Division.

 

7.             Public hearing and introductory ordinance authorizing the City Manager to amend Ordinance #2002-O-224 to accept a supplemental grant in the amount of $29,200.00 from the Texas Automobile Theft Prevention Authority and to amend the City of Laredo’s FY 2002-2003 annual budget in the amount of $29,200.00.  This supplemental grant of $29,200.00 is 100% funded at no cost to the City. The Texas Automobile Theft Prevention Authority will now be designating $428,492.00, the City of Laredo will be designating $78,858.00, and Webb County will be designating $31,464.00 in matching funds for a total grant amount of $538,814.00. The funding period for this grant is from September 1, 2002 through August 31, 2003.

 

8.             Public hearing and introductory ordinance authorizing the City Manager to implement a $5.00 monthly fee to charge per participant for aerobic classes provided by the City of Laredo Health Department Buena Vida Program at the City’s Parks And Recreation Centers and other community sites, and to appropriate revenues to the Health Department/Health Education Division expense account.

 

9.             Public hearing and introductory ordinance authorizing the City Manager to amend the City of Laredo’s Full-Time Equivalent Positions by reclassifying the position of Health Educator (1.0 FTE) to three (3) part-time (1.51 FTE) Community Service Aides positions at 30 hours each per week for 35 weeks; and, deleting a 1 Program Promotion Specialist and 1 Health Educator Assistant under the Laredo Obesity Program Prevention and Control Project (LOPAC) funded by the Texas Department of Health. This amendment will have no financial impact on the budget.

 

10.        Public hearing and introductory ordinance amending Section 1 of Ordinance No. 93-O-128, modifying the sliding fee scale and implementing a co-pay for clinic health services provided at the Maternal and Child Health (M&CH) Program of the City of Laredo Health Department; and, exempting persons that are indigent; and, appropriating revenues to the M&CH Program as per Texas Department of Health’s program income guidelines.  Federal and State regulations remain unchanged for services provided by this program.

 

11.        Public hearing allowing interested persons to comment on the proposed amendment to the 2002 Consolidated Plan to allow for the reprogramming of 24th, 25th, and 26th Action Year (AY) Community Development Block Grant Fund balances totaling $120,840.00 to be used towards the purchase of an ambulance for the Cielito Lindo Subdivision Fire Station. CDBG funds proposed to be reprogrammed include:

 

24th AY Community Development Block Grant

Three Points Park                                                                                                                             $   20,349.00

 

25th AY Community Development Block Grant

Hacienda Apartments Improvements                                                                                             $        206.00

(Cancellation of Project and reprogramming of funds)

Housing Rehab Administration                                                                                                       $        440.00

 

26th AY Community Development Block Grant

Code Enforcement                                                                                                                           $   27,966.00

CD Administration                                                                                                                            $   24,520.00

Housing Rehab Administration                                                                                                       $   47,359.00

 

Total Funds Reprogrammed                                                                                               $ 120,840.00

                       

12.           Public hearing and introductory ordinance accepting a grant awarded by the South Texas Development Council for the amount of $18,000.00 and amending the City of Laredo’s FY 2002-2003 Annual Budget for the NPDES Fund by appropriating the said grant revenue to the appropriate expenditure accounts.  The grant monies will be used for the Household Hazardous Waste Collection Program.

 

13.           Public hearing and introductory ordinance amending, adding, and repealing certain subsections, paragraphs, sections of Chapter 2, Article II, Division 5, sections 2-87.1 (Definitions), 2-87.2 (Appeal Procedures), 2-87.3 (Grievance Procedures), 2-87.4 (Appeals And Grievance Committee), 2-87.5 (Freedom From Reprisal) of the Code of Ordinances of The City of Laredo, except as otherwise stated in any collective bargaining agreement and providing for an effective date of January 1, 2003.

VIII.     STAFF REPORTS

 

14.           Presentation by Carter Burgess Inc., an engineering firm, on the 2002 updated Parks and Recreation Master Plan that will serve as a standard for the development of future park areas and the improvement of existing facilities to provide quality recreation to all citizens of Laredo.

 

15.           Presentation of the 2002 Employee Leadership Development Class. 

 

16.           Staff report regarding Union dues of the United Steel Workers of America/Laredo Association of City employees, with discussion and possible action.

 

17.           Update report by Rick Johnson, Director of Operations for United Water.

 

IX.       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.

 

18.           Request for Executive Session pursuant to Texas Government Code Section 551.072 in regards to deliberating the purchase of approximately 25 acres of land in the vicinity of the City of Laredo Airport area, because deliberation in an open meeting would have detrimental effect on the position of the governmental body in negotiations with a third person; and return to Open Session for possible action.

 

19.           Request for Executive Session pursuant to Texas Government Code Section 551.072 in regards to deliberating the purchase, exchange, lease, or value of real property approximately 22 miles east of Laredo, because deliberation in an open meeting would have detrimental effect on the position of the governmental body in negotiations with a third person; and return to Open Session for possible action.

 

20.           Request for Executive Session pursuant to Texas Government Code Section 551.072 in regards to deliberating the purchase, exchange, lease, or value of real property in the North Laredo area, because deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person; and return to Open Session for possible action.

 

21.           Request for Executive Session pursuant to Section 551.071 (1) (a) of the Texas Government Code to consult with the City Attorney regarding the pending case of Martin Villarreal et al., v. City of Laredo, Et Al., Cause No. 2002-CVQ-001299D3 in the 341st District Court pertaining to the Los Obispos Affordable Housing Project.

 

X.        GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS

 

            22.       A.        Request by Mayor Pro-Tempore Alfredo Agredano

                                    1.  Status report regarding the Veteran’s Monument.

 

B.        Request by Council Member Hector J. Garcia

1.      Status report on Eastwoods Park.       

 

C.        Request by Council Member Gene Belmares

1.      Discussion with possible action regarding the pilot parking permit program.

                                   

D.        Request by Council Member Jose A. Valdez, Jr.

1.      Discussion with possible action for Community Development staff to conduct a survey of the Dellwood Subdivision to determine whether the area meets the HUD guidelines for funding from the Community Development Block Grant Program.

 

2.      Discussion with possible action for the installation of two (2) wireless video cameras at the railroad crossing on Sta. Maria & Mines Road to assist the Fire & Police Departments' emergency personnel to determine whether the intersection is clear of a train blockage.

 

3.      Discussion with possible action for staff to initiate an amendment to reallocate the $400,000.00 identified in the Community Development Block Grant Program 28th Action Year - West Laredo Park and to utilize these same funds for the construction of two (2) zero depth water spray playground areas to include amenities such as walking trails, benches and shaded areas.  One playground area is proposed to be located behind the Farias Recreation Center and other playground area is proposed along the Lafayette Street Overpass bordered by Main and Santa Cleotilde Streets, with possible action.

 

E.        Request by Council Member Juan Ramirez

1.      Discussion with possible action on installing a traffic light at the intersection of Clark and Monterrey Streets.

 

2.      Discussion with possible action regarding the status of the parking lot at Davis and Santa Maria.

 

3.      Discussion with possible regarding bird droppings at Jarvis Plaza.

 

 

4.      Discussion with possible action regarding psychological testing for Police Officers after they are hired by the City.

          

(Recess)

(Press Availability)

 

XI.       INTRODUCTORY ORDINANCES

 

23.             Authorizing the City Manager to execute an amendment to the lease agreement between the City of Laredo (Airport), as Lessor, and Dairy Process, Inc., as Lessee, as approved by Ordinance No. 2002-O-141 dated July 1, 2002, specifically amending Section 1.09 titled “Use and Use Conflict” in order to add medical clinic and/or medical related uses are allowable uses for the leased premises.  All other terms and conditions remain unchanged and in effect; providing for effective date. 

 

24.             Authorizing the City Manager to execute a lease agreement between the City of Laredo, as Lessor, and Clemente M. Bedia, as Lessee for approximately 624.77 sq. ft. of building and space to be used as a Woman, Infant and Children (WIC) Food Store at the area commonly known as 2300 Saltillo, part of the South Laredo Pool Park site, for a term of one year at a monthly rental rate of $300.00 per month.

 

25.             Authorizing the City Manager to execute a lease agreement to the lease agreement between the City of Laredo, as Lessor, and Webb County, as Lessee, authorized by Ordinance No. 2001-O-176 dated August 20, 2001 in order to delete Building No. 1229 effective August 1, 2002.  Said amendment will amend, specifically, Section 1.01 titled “Lease Area” deleting Building No. 1229, therefore decreasing the square footage form 4,378 to 2,378.  Amend Section 1.04 titled “Rent Obligation” decreasing the monthly rent from $1,825.73 to $1,100.00.  All other terms and conditions remain unchanged and in effect; providing for an effective date.

 

26.             Closing as public easements those sections of:

·        Maryland Avenue between Market and South right-of-way line of Guatemozin Street, including its intersections with Cortez and Guatemozin Streets;

·        Cortez between Springfield and Lexington Avenues; and

·        Guatemozin Street between Springfield and Lexington Avenues;

all situated in the Eastern Division, City of Laredo, County of Webb, Texas and providing for effective date. 

 

27.           Authorizing the City Manager to execute the necessary document to grant an easement and right of way of 0.124 of an acre (7,032 sq. ft.) tract of land, more or less, to AEP Central Power and Light Company, for the installation of certain electrical service facilities to serve the Jefferson Street Water Plant in Laredo, Texas.  Said easement 0.124 of an acre tract of land being situated within the City of Laredo’s “Jefferson Street” Water Treatment Plant in Webb County, Texas; being generally described below, and more particularly described by metes and bounds on attached Exhibit “A,” and providing for an effective date. 

 

XII.      FINAL READING OF ORDINANCES 

28.
 
 


2002-O-288   Amending the City of Laredo 2002-2003 budget by increasing Texas Department of Health’s share of program income and expenditures for the Tuberculosis Elimination Program of the City of Laredo Health Department for the period beginning September 1, 2002, through August 31, 2003.

 

2002-O-289   Amending the City of Laredo FY 2002-2003 annual budget in the amount of $82,773.00 in additional funds from the Texas Department of Health for the Office of Public Health Practice Program of the City of Laredo Health Department for the period beginning September 1, 2002 through August 31, 2003; and authorizing the City Manager to amend the City of Laredo’s full-time equivalent positions by creating three Community Service Aide positions.

 

2002-O-290   Authorizing the City Manager to amend the City of Laredo’s full-time equivalent positions by creating one Micro-Computer Specialist.  A transfer of funds will be initiated from the Bio-Terrorism Grant (226-6068) contractual services line item to the personnel line item to cover these expenses.  In addition, a transfer of funds will also occur from the Office of Public Health Practice Program (OPHP) (226-6088) and Immunization Action Plan (226-6086) program income (Texas Department of Health’s share) into the personnel line item.  The net budgetary impact is zero after line item transfers.

 

2002-O-291   Authorizing the City Manager to amend the City of Laredo’s FY 2002-2003 full-time equivalent positions by creating 13 part-time Community Service Aides (1.28 Full-Time Equivalent Positions - for a total of 2,664 hours) to conduct community health education and aerobic instruction at the City’s Parks and Recreation Centers.  These positions are currently paid as contractual, staff and to align with city operations, they are now being converted to full-time equivalent positions, and hence, this action does not impact the current budget.

 

2002-O-292   Accepting a grant awarded by the Criminal Justice Division, Office of the Governor in the amount of $99,862.00 and amending the City of Laredo’s FY 2002-2003 annual budget in the amount of $20,000.00 for the Criminal Justice Division Grant from the Office of the Governor.  The Office of the Governor is contributing  $60,000.00 with the City designating $39,862.00 in matching funds.  This funding will be used for the Domestic Awareness Response Team Program under the Violence Against Women Act (VAWA) for the period of December 01, 2002 through August 31, 2003.

 

2002-O-293   Closing of public easements those sections of:

A.     Milmo Avenue between Elm and Montgomery Streets, including the intersection;

B.     Ash Street between Martin and Texas Avenues; situated in the Eastern Division, City of Laredo, County of Webb, Texas and providing for an effective date.

 

2002-O-294    Closing of public easements those sections of:

A.     Texas Avenue between Mier and Lane Streets, including the intersections;

B.     Louisiana Avenue between Mier and Lane Streets, including the intersections;

C.    Galveston Street between Milmo and Arkansas Avenues;

D.    Guerrero Street between Milmo and Arkansas Avenues; situated in the Eastern Division, City of Laredo, County of Webb, Texas, and providing for an effective date.

2002-O-295   Closing as public easements those sections of:

A.     Gustavus Street between Martin and Texas Avenues;

B.     Milmo Avenue between Clark and Musser Streets, including the intersection; situated in the Eastern Division, City of Laredo, County of Webb, Texas and providing for an effective date.

 

2002-O-296   Approving the donation of an approximate 3.03 acre tract (surface only) of non-aeronautical use of land located at the Laredo International Airport to the Board of Regents of the University of Texas for the public purpose of establishing and operating an extension campus of the University of Texas Health Science Center at San Antonio in accordance with section 272.001 (j) of the Local Government Code and authorizing the City Manager to execute all necessary documents.  This conveyance completes a donation of approximately 12.003 acres with a fair market value of $2,617,000.00.

 

XIII.     RESOLUTIONS

 

29.  2002-R-097        Consideration to authorize the City Manager to accept the donation of a RCA 20 inch flat TV/VCR combination from Wal-Mart with a value of $294.00.  This equipment will be used as a training tool in the Fire Department Prevention Division’s Fire Safety House.

 

30.  2002-R-098      Authorizing the City Manager to submit to the United States Foreign Trade Zones Board an application for a temporary boundary modification on behalf of Valls Holdings, Ltd. requesting a transfer of Foreign Trade Zone designation status from the Laredo International Airport known as Site No. 1 to the Valls International, Inc., facility to be designated as Site No. 8.  The temporary boundary modification, if approved by the Foreign Trade Zones Board, will transfer Foreign Trade Zones status (designation only) of one (1) acre from the Laredo International Airport, Site No. 1 to the Valls International, Inc., facility located at the Milo Distribution Center.

 

31.  2002-R-100      Supporting and adopting the updated 2002 City of Laredo Parks and Recreation Master Plan to serve as a standard for the development of future park areas and the improvements of existing facilities to provide quality recreation to all citizens of Laredo.

 

32.  2002-R-101      Expressing support for proposals submitted by the City of Laredo on behalf of the United Independent School District for Safe Routes To Schools (SRS) Program funding, with match contribution to be provided by the school district, for the installation of traffic calming devices on streets leading to Prada & Arndt Elementary Schools, the construction of sidewalks from Alexander High School to existing subdivisions, the installation of a bridge over US 59 to access Cuellar Elementary School, and the replacement of school zone signs throughout the school district.

 

33.  2002-R-102      Authorizing the City Manager to accept a grant in the amount of $1,250,000.00 for the COPS in Schools Program.  The U. S. Department of Justice, Office of Community Oriented Policing Service (COPS) Program awarded funding to the City of Laredo for the purpose of hiring 10 new School Resource Officers (SRO) for a period of three years beginning September 1, 2002 through August 31, 2005. 

 

34.  2002-R-103      Accepting a grant awarded from the United States Department of Justice, Community Oriented Policing Services in the amount of $1,125,000.00.  Funding will be used to hire 15 Patrol Officer Cadets for a three-year funding period of the “Universal Hiring” program beginning August 1, 2002 through July 31, 2005. 

 

35.  2002-R-104      Amending Resolution 2000-R-157 for the grant agreement between the City of Laredo and the Texas Water Development Board - Contract No. G13500/13600/1546/1547 - Amendment No. 1 for the City of Laredo, Mines Road/State Highway 359 Project No. 10045. This amendment reflects the recent Texas Water Development Board action that changes the source of funds from the Economically Distressed Areas Program to the Colonias Wastewater Treatment Assistance Program.

 

XIV.     MOTIONS

 

36.           Consideration to award contract number FY03-003 to the low bidder, Southern Sanitation, Laredo, Texas, in the estimated amount of $40,092.00 for providing trash collection services for large volume containers.  These services will be required for various city operations such as the Airport, Bridge, Civic Center, Parks and Recreation, Public Access, and Solid Waste.  The contract vendor is also required to provide these containers for special events such as the household collection event.  Funding is available in the respective departmental budgets.

 

37.           Consideration for approval of final change order no. 1 a decrease of $22,098.00 for the balance of quantities actually constructed in place, acceptance of the CDBG Sidewalks City-Wide Project No. 19A and approval of final payment in the amount of $66,410.10 to Triple A Concrete, Inc., Laredo, Texas.  Final contract amount is $131,314.50.  Funding is available in the Community Development Budget 26th Action Year Sidewalks.

 

38.           Approving monthly adjustments to the tax roll.  The amount to be adjusted for the month of October 2002 represents an increase of $24,146.08.  These adjustments are determined by the Webb County Appraisal District.

 

39.           Refund of property tax to the following taxpayers and companies:

 

a.        A refund in the amount of $861.60 payable to Edward L. and Erika B. Sepulveda due to a double over payment. Both the mortgage and the title company paid the 2001 tax. Account #991-00006-030.

b.        A refund in the amount of $741.43 payable to Maria de la Luz Villarreal due to an over payment. Both the homeowner and the mortgage bank paid the taxes from 1997 to 2000. Account #905-00056-220.