CITY OF LAREDO

CITY COUNCIL MEETING

A-2004-R-016

CITY COUNCIL CHAMBERS

1110 HOUSTON STREET

LAREDO, TEXAS 78040

August 16, 2004

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

Approval of the minutes of June 21, 2004 and July 23, 2004.

V. COMMUNICATIONS AND RECOGNITIONS

Announcements

Invitations

Recognitions

a. Recognition of Maria Josefina "Josie" Cardenas of the Laredo Public Library on her selection as July 2004 Employee of the Month.

b. Recognition of City Departments for their contribution and participation in the 2004 American Cancer Society Relay for Life event.

c. Recognition of the 2004 United High School Engineering & Technology Magnet Internship Program students who successfully completed their internship with the City of Laredo.

d. Presentation by Oscar Medina, Solid Waste Director, regarding “Slow Down to Get Around” program and recognition of all participants.

Communiqués

a. Legislative update by The Honorable Richard Raymond.

VI. APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES

a. Appointment by Mayor Elizabeth G. Flores of Roberto Garcia to the Building Standards Board.

b. Appointment by Mayor Elizabeth G. Flores of Council Member Johnny Rendon to the Ad Hoc Traffic Calming Committee.

VII. PUBLIC HEARINGS

1. Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by rezoning 0.87 acres, as further described by metes and bounds in attached Exhibit “A”, located approximately at 4250 Hwy 359, from R-3 (Mixed 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.

2. Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by rezoning 1.05 acres, as further described by metes and bounds in attached Exhibit “A”, located at 4250 Hwy 359, from R-3 (Mixed Residential District) to B-1 (Limited Commercial District); providing for publication and effective date. The Planning and Zoning Commission has recommended approval of the proposed zone change.

3. Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by rezoning Lot 11, Block 1328, Eastern Division, located at 2310 Boulanger Street, from B-3 (Community Business District) to R-2 (Multifamily Residential District); providing for publication and effective date. The Planning and Zoning Commission has recommended approval of the proposed zone change.

4. Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by rezoning 10.20 acres, as further described by metes and bounds in attached Exhibit “A”, approximately northeast of the intersection of Calle Del Norte and Springfield Avenue, from AG (Agricultural 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 amending the Zoning Ordinance Map of the City of Laredo by rezoning Lot 4, Block 1127, Western Division, located at 2012 Farias Street, from R-3 (Mixed Residential District) to R-1A (Single-Family Reduced Area District); providing for publication and effective date. The Planning and Zoning Commission has recommended approval of the proposed zone change.

6. Public hearing and introductory ordinance amending the City of Laredo Capital Improvement Project FY 2003-2004 annual budget to reflect an appropriation for the development of the West Laredo Multimodal Trade Corridor Phase II Project. The Federal appropriation of $2,597,272.00 comes from the FY 2003 Federal Transportation spending bill and the City’s contribution is $649,318.00. The total project budget is $3,246,590.00.

7. Public hearing and introductory ordinance amending the City of Laredo fiscal year 2003-2004 Water and Colonias Funds by appropriating a transfer out of $132,550.00 from Water Fund to the Colonias Fund, and amending the City of Laredo’s Colonias Fund budget by appropriating the transfer in from the Water Fund and the capital expense in the amount of $132,550.00, which will be used to pay for the over size of the Colonias Elevated Storage Tank from 250,000 gallons to 500,000 gallons in the SH 359 area, and authorizing the City Manager to implement said budgets.

8. Public hearing and introductory ordinance amending the City of Laredo FY 2003-2004 annual budget by appropriating revenues and expenditures in the amount $336,184.00 in funds from the Texas Department of Health and an estimated amount of $116,656.00 in Program Income for the Office of Public Health Practice of the City of Laredo Health Department for the period beginning September 1, 2004, through August 31, 2005.

9. Public hearing and introductory ordinance amending the City of Laredo Fiscal Year 2004 Capital Improvement Fund budget by appropriating revenues and expenditures in the amount of $8,000.00 for the School Flasher/Beacon Program. Revenues consist of contributions for United Independent School District (UISD) with a 50% match from the City. Total project cost is $16,000.00.

10. Public hearing and introductory ordinance authorizing the City Manager to accept and execute the Section 5307 Urban Transportation Capital Investment Grant Agreement NO. TX-90-X624, state project NO. VCR 0401(22)624, contract NO. 51422F7192 from the Texas Department of Transportation in the amount if $610,300.00 with a local match of $322,592.00 for the purchase of three 35 ft. CNG buses for a grand total $932,892.00; and to amend the Transit Capital Grant budget for a net amount of $102,350.00; and providing for grant/contract funds to be deposited in the City of Laredo Transit Fund.

11. Public hearing and introductory ordinance authorizing the City Manager to accept and execute the Federal Transit Administration Grant, Section 5307, TX-90-X644, in the amount of $2,446,138.00 for fiscal year 2003-2004; and amend the Transit Systems Operating budget by decreasing the Federal Transit Administration Operating Grant Contribution from $3,554,774.00 to $2,446,138.00 and increasing the sales tax match for operating expenses from $3,127,695.00 to $4,236,331.00; and providing for grant funds to be deposited in the City of Laredo Transit Fund.

12. Public hearing and introductory ordinance authorizing the City Manager to execute a budget amendment by appropriating funds from the Federal Transit Administration Grant NO. TX 90 X599, for fiscal year 2002-2003 in the amount of $312,839.00 to be used for operating expenses in fiscal year 2003-2004; increasing the federal contribution from $2,446,138.00 to $2,758,977.00 and decreasing the sales tax match for operating expenses from $4,236,331.00 to $3,923,492.00 and transferring $312,839.00 into sales tax reserve appropriation.

(Recess)

(Press Availability)

VIII. INTRODUCTORY ORDINANCES

13. Authorizing the City Manager to execute a lease with Southwestern Bell Wireless, LLC, as general partner of the Corpus Christi SMSA Limited Partnership for ground space at the Fire Station located at 2100 Zacatecas, Laredo, Webb County, Texas, and being more fully described in Exhibit “A” of lease agreement to construct on such premises a 125 ft. high monopole and related equipment building for use with its communications business. Term of the lease is five (5) years commencing September 7, 2004 and ending September 6, 2009 with four (4) successive renewal terms of five (5) years. Annual base rent shall be $12,000.00 each year during the term of the lease and will be adjusted by four percent (4%) on each anniversary of the commencement date, providing for effective date.

14. Authorizing the City Manager to execute a lease renewal with United Exports Trading Association (U.E.T.A.) of Texas, Inc., for approximately 2,526 square feet out of Lot 10, Block 22, in the Western Division, City of Laredo, Webb County, Texas, lying north of the concrete pavement connecting Salinas Street with Water Street:

1. Lease term is for one (1) year commencing on June 1, 2004 and ending May 31, 2005.

2. Monthly rent will be $1,000.00.

3. City of Laredo may terminate this lease within thirty (30) days prior written notice.

15. Authorizing the City Manager to execute all necessary documents to effectively convey fee simple title to the “surface only”, at its market value of $11,318.00, for certain property described as a 4,353 sq. ft. tract of land, more or less, out of that former section of Buena Vista Avenue located east of Block 1006, Eastern Division, west of Block 1070, Eastern Division and south of South Meadow Avenue and north of Boulanger Avenue to Daniel Vargas and wife Mayela M. Vargas; said tract being situated in the Eastern Division, City of Laredo, Webb County, Texas being generally described on attached Exhibit “A”; and providing for an effective date.

IX. FINAL READING OF ORDINANCES

16.

2004-O-185 Amending the City of Laredo’s Subdivision Ordinance, Appendix B of the Code of Ordinances, Chapter II, Section 2-3.4, entitled Expiration of plat approval, by including expiration periods and/or extensions of preliminary plats, final plats, plats established within floodplains, and master plans/general plans; providing for publication and effective date.

2004-O-186 Amending the City of Laredo 2003-2004 Annual Budget in the amount of $61,363.00 to fund the Laredo Autotheft Task Force and accepting an award in the amount of $282,805.00 from the Texas Automobile Theft Prevention Authority. The City of Laredo will be designating $197,193.00 in matching funds, and Webb County will be designating $34,798.00 in matching funds for a total of $514,796.00. This grant is effective from September 1, 2004 through August 31, 2005.

2004-O-187 Authorizing the City Manager to accept a grant in the amount of $25,000.00 from the Texas Department of Transportation for enforcement and prevention of Labor Day Weekend Driving While Impaired by which the City will pay for fringe benefits in the amount of $7,000.00 and authorizing the City Manager to amend the City of Laredo’s FY 03-04 Annual Budget in the amount of $32,000.00. This grant is for overtime salaries and is funded 100% by the Texas Department of Transportation. The City of Laredo will only pay for the added fringe benefits in the amount of $7,000.00.

2004-O-188 Establishing a residential permit parking program within the City of Laredo on certain residential streets that are located within close proximity to school institutions and authorizing the implementation process that includes the minimum criteria for considering designating residential parking permit zones and establishing a permit fee schedule to pay for the costs incidental to the issuance of said permits and providing severability and for an effective date and publication. (As amended)

2004-O-189 Amending the FY 2003-2004 annual budget of the South Texas Regional 911 System Fund by appropriating revenues and expenditures in the amount of $1,458,717.00 from the Commission on State Emergency Communications for the following divisions: Regional Administration, Webb County, Jim Hogg County, Starr County, Zapata County and Regional Programming. Said budget amendment is for the period beginning September 1, 2004 through August 31, 2005.

X. RESOLUTIONS

17. 2004-R-080 Accepting the donation of one utility easement from Magdaleno Gutierrez for the Pueblo Nuevo subdivision easement acquisition project. This being a 0.0275 of an acre, more or less, parcel of land which is out of lot 4, block 11, Pueblo Nuevo subdivision, described by metes and bounds and survey attached as Exhibits A and B.

18. 2004-R-081 Accepting the donation of one utility easement from Mario Coronado, Jr., and Juanita H. Coronado for the extension of utility services lines to the San Carlos subdivision, phase II. This being a strip of land 10.00 feet in width, containing 1,136.00 square feet or 0.026 of an acre, more or less, and being situated in porcion 32, abstract 296, City of Laredo, Webb County, Texas, and described by metes and bounds and survey attached as Exhibits A and B.

19. 2004-R-082 Confirming the appointment of representatives from the City of Laredo to serve on the Board of Directors of the South Texas Development Council for the period from October 1, 2004 to September 30, 2005.

20. 2004-R-083 Supporting and participating in the South Texas Development Council; and authorizing payment of $40,212.80 for City’s membership assessment for the period covering October 1, 2004 to September 30, 2005.

21. 2004-R-084 Authorizing the City Manager to enter into and execute an interlocal government agreement between the City of Laredo and United Independent School District for the participation of the City of Laredo Police Department in the School Resource Officer Program. The Laredo Police Department will provide fourteen (14) officers that will be assigned to various middle and high schools, and United Independent School District will reimburse the City of Laredo up to one hundred thirty-four thousand, five hundred fifty-eight dollars ($134,558.00) for the 2004-2005 school year.

XI. MOTIONS

22. Recommending the setting of regular City Council meeting dates through March 2005 as follows: September 27, 2004, October 11, 2004, October 25, 2004, November 15, 2004, December 6, 2004, December 20, 2004, January 10, 2005, January 24, 2005, February 7, 2005, February 22, 2005, March 7, 2005, and March 29, 2005. Tuesday, September 7, 2004, was previously approved by City Council on August 2, 2004.

23. Authorizing the use of District VI discretionary funds in an estimated amount of $6,750.00 to place a guard rail on Shiloh Road approximately half a block south of International Boulevard.

24. Authorizing the City Manager to execute a contract with the Law Offices of William M. McKamie, P.C., for legal services related to Cause No. 2004-CVQ-000609-D3, Jose A. Guerra v. First Transit, Inc. f/k/a Laredo Metro Inc. d/b/a El Metro and Laredo Transit Management, Inc., and City of Laredo, Texas. The contract is for legal fees, plus costs and expenses, for a maximum of $20,000.00 for this contract.

25. Approval of the first renewal of a possible three for a lease agreement between the City of Laredo and Entravision Communications Company, L.L.C. for the use of a 1,225 square foot parcel of vega land lying South of Water Street and West of Santa Maria (adjoining the Riverdrive Mall Shopping Center) for the operation of a 352-foot high self-supporting type communication tower for use in connection with its communications business, as per section 2. Current revenue is $8,394.98 per year and will be adjusted as per the consumer price index each subsequent year. Terms and Renewals. Term of renewal is five (5) years commencing November 13, 2004 and ending November 12, 2009.

26. Authorizing the City Manager to amend the City of Laredo’s HOME Investment Policy and Procedures Manual to reflect local programmatic changes designed to improve the efficiency and effectiveness through which local affordable housing assistance is provided to families and individuals of very low, low, and low and moderate income and to incorporate reference pertaining to HUD’s Integrated Disbursement and Information System and newly created American Dream Downpayment Initiative.

27. Consideration for approval of change order no. 1 a decrease of $76,197.00 to delete Building # 132 due to excessive water damage, acceptance of the Laredo International Airport Buildings #142, #182, #1054, and #1307 Roof Replacement Project, and approval of final payment in the amount of $11,247.98 to Zertuche Construction, Laredo, Texas. Final contract amount is $224,959.58. Funding is available in the Airport Fund – TML Storm/Wind Damages.

28. Amending the contract to Turner Collie & Braden, Inc., Pharr, Texas, for $50,000.00 for water and $40,000.00 for wastewater to include Project Management Services and an extension of time for 365 calendar days for the City of Laredo Colonias TWDB-EDAP Project funded by the Texas Water Development Board. The funding has already been authorized by City Council through the General Agreement between the City and the TWDB.

29. Consideration for approval to reject the sole bid submitted by Price Construction, Big Spring, Texas, for the Santa Clara 24” sanitary sewer line, due to bid amount being in excess of allocated budget, and to authorize staff to revise the scope of work and re-bid the project.

30. Authorizing the City Manager to sell the excess capacity from the over sized Colonias sewer line in the form of Living Unit Equivalency (LUEs). The provisions for sewer are made available through the over sizing of the wastewater line extensions for the Colonias Project on SH 359 and the Texas Mexican Rail Road right of way. The monies collected from the sale of the LUE’s will be transferred back into the Colonias Fund to cover additional expenses in the project.

31. Amending the contract to Ferris and Flinn Engineering of Harlingen, Texas, in the amount of $201,340.00 due to a new scope on the contract for the implementation of a Geographic Information System (GIS) in the Utilities Department mapping system. This project consists of creating an electronic mapping system that includes a complete inventory of the water and wastewater infrastructure. Funding is available in the Sewer Construction Impact Fees Account and 1997 Water Bond Impact Fees Account.

32. Consideration to award contract FY04-069 awarded to Nick Benavides, Laredo, Texas, in the annual amount of $72,168.00 for providing monthly mowing and maintenance of the Zacate Creek areas. Super X Mowing Service, Laredo, Texas, was awarded this contract on May 3, 2004; however, this contract was canceled due to non compliance with our contract provisions and poor performance. Nick Benavides was the previous contract vendor for this project and provides the best value for the city due to his past experience and satisfactory performance. Funding is available in the Environmental Service Department budget.

33. Consideration to ratify and approve the action taken by the City Manager to submit a grant proposal to the Texas Department of Health in the amount of $30,000.00 for a “School Physical and Nutrition Survey (SPAN) Project” of the City of Laredo Health Department for the period beginning October 1, 2004, through September 30, 2005.

34. Consideration to authorize the purchase of nine thousand (9,000) garbage/refuse carts from Toter, Inc., Statesville, NC, through the State of Texas – Building and Procurement Commission (TBPC) contract number 450-A2 for two-wheel containers in the total amount of $351,000.00. Funding for these carts has been budgeted in the Solid Waste 2004 CO.

35. Consideration to award contract number FY04-108 to low bidder, Pabco Industries, Inc., Newark, NJ, in the amount of $69,720.00 for the purchase of 1.5 million plastic bags for use in the City’s recycling program. The bid pricing is 3% higher than the previous purchase amount. Funding is available in the Solid Waste Fund.

36. Approval of the 2004 Appraisal Roll from the Webb County Appraisal District for the development of our tax roll, acceptance of the Effective and Rollback Tax Rate calculations for Tax Year 2004, and setting a public hearing date of September 7, 2004 for the proposed tax rate of $0.638270/$100 value.

37. Approving monthly adjustments to the tax roll. The amount to be adjusted for month of July 2004, represents an increase of $34,424.85. These adjustments are determined by Webb County Appraisal District and by court orders.

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

1. A refund in the amount of $562.70 payable to Vicenta Soliz due to an over payment. Account # 556-01619-011.

2. A refund in the amount of $553.27 payable to Armando Arredondo Jr. due to a double payment. Account # 969-00002-140.

3. A refund in the amount of $600.85 payable to Nereyda Flores due to a double payment. Account # 969-30012-140.

4. A refund in the amount of $790.21 payable to Oscar Moreno and Betty Bunn Moreno due to a double payment for the years 1998, 1999, and 2000. Account # 922-10003-010.

5. A refund in the amount of $700.25 payable to Oscar Moreno and Betty Bunn Moreno due to a double payment for the years 1998, 1999, and 2000. Account # 922-10003-020.

6. A refund in the amount of $1,063.69 payable to Yarco Trading Co. Inc. due to an over payment. Account # 942-80002-040.

7. A refund in the amount of $1,295.21 payable to Armadillo Construction Co. Inc. due to an over payment. Account # 801-01000-745.

39. Adopting a revised schedule of hearings and proceedings for voluntary and unilateral annexations for calendar year 2004, in accordance with Section 43.052 of the Texas Local Government Code.

40. Authorizing the City Manager to negotiate and execute an agreement with Green-Mines Ranch, Ltd., regarding the placement of two signs in City of Laredo right-of-way as follows: one sign to be placed in the Verde Blvd. right-of-way, located northwest of the intersection of Mines Road and Verde Blvd., and another to be placed in the Peoples Blvd. right-of-way, located northeast of the intersection of Verde Blvd. and Peoples Blvd.

41. Consideration to award contract number FY04-112 to the low bidders, Traffic Parts, Inc., Spring, TX, in the amount of $38,810.80; Consolidated Traffic Controls, Inc., Arlington, TX, in the amount of $10,758.50; Control Technologies, Tomball, TX, in the amount of $5,610.00; Signal Equipment Co., Shreveport, LA, in the amount of $3,338.00; and GDI Communications, LLC, Alpharetta, GA, in the amount of $1,800.00, for the purchase of traffic signal assemblies and related items. These are for maintenance of existing traffic signal assemblies, upgrades and two new traffic signal installations. Funding is available in the Traffic Safety budget and capital improvement projects accounts.