CITY OF LAREDO

CITY COUNCIL MEETING

A-2004-R-017

CITY COUNCIL CHAMBERS

1110 HOUSTON STREET

LAREDO, TEXAS 78040

September 7, 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 July 6, 2004, July 19, 2004 & July 28, 2004.

V. COMMUNICATIONS AND RECOGNITIONS

Announcements

Invitations

Recognitions

a. Recognition of Patricio Salinas, of City Manager’s Office -- Public Access Channel Division, on his selection as August 2004 Employee of the Month.

b. Presentation by Rene De La Viña, Texas State Teachers Association, regarding the merits of civil service.

c. Presentation by Council Member Johnny Amaya, District IV, of 6 scholarship recipients: Roberto Gamez, Jr., Martin H.S.; Jose Rene Villarreal, Nixon H.S., Ruben De Luna, Nixon H.S., Laura Galindo, Nixon H.S., Linda S. Palacios, Nixon H.S., and Sandra Gonzalez, Nixon H.S.

Communiqués

VI. APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES

VII. PUBLIC HEARINGS

1. Public hearing and introductory ordinance amending the City of Laredo’s Subdivision Ordinance, Appendix B of the Code of Ordinances, Chapter II, Section 2-3.2, entitled Subdivision Plat Submittal Requirements, by requiring a Conditional Letter of Map Revision (CLOMR) for final plats located within areas of special flood hazard, Section 2-3.7, entitled Plat Recordation, by requiring plats recorded in areas of special flood hazard to illustrate existing and proposed floodplain lines, and Section 2-4, entitled Performance Bonds, by including security in lieu of construction for properties within the floodplain where a map revision is proposed; providing for publication and effective date. The Planning and Zoning Commission has recommended approval of the proposed ordinance amendment.

2. Public hearing and introductory ordinance granting to Proviron, Inc., and its successors, or assigns, the easements, rights, privileges, and franchise to construct, lay, maintain, and operate pipelines and gas mains in, under, over, across, and along present and future streets, alleys, public thoroughfares and public grounds of the City of Laredo, and to use said properties for the purpose of transporting, distributing, and selling gas (natural, artificial or mixed) for all purposes for which gas is or may be used by the City and its inhabitants, and to any other person or persons; providing for the manner of acceptance of this franchise by Proviron, Inc., of the rights and privileges granted by this franchise; further fixing and ordering rates to be charged by Proviron, Inc. to residential and commercial customers; providing for publication and effective date.

3. Public hearing and introductory ordinance amending the City of Laredo’s FY 2003-2004 General Fund annual budget to appropriate revenues and expenditures in the amount of $100,000.00 for attorney fees paid to De Anda Law Firm. Expenditures will only be incurred and disbursed if the revenue is collected by the Tax Department.

4. Public hearing and introductory ordinance authorizing the City Manager to accept $33,000.00 in contributions and amending the City of Laredo FY 2003 - 2004 Convention & Visitor’s Bureau Annual Budget by appropriating revenues of $33,000.00 in the form of a Miss Texas USA Gold Sponsorship from Wells Fargo Bank in the amount of $30,000.00 and a Miss Texas USA General Sponsorship contribution from H.E.B. in the amount of $3,000.00, and appropriating expenditures in the amount of $33,000.00 for Miss Texas USA expenses.

5. Public hearing and introductory ordinance authorizing the City Manager to execute a budget amendment to amend the Transit Systems operating budget by decreasing the State operating grant contribution, State Project No. 51422F7053, for FY 2003-2004 from $1,000,000.00 to $783,869.00, and increasing the sales tax match for operating expenses from $3,923,492.00 to $4,139,623.00 and providing for grant funds to be deposited in the City of Laredo Transit Fund.

6. Public hearing and introductory ordinance amending the City of Laredo FY 2003-2004 Annual Budget in the Capital Improvements Funds by appropriating revenues and expenditures in the amount of $40,000.00, which are being donated by Paul Young Properties, LTD., in order to fund the installation and activation of a traffic signal on U.S. Hwy. 59 at Casa Blanca Road and the entrance to Paul Young Auto Mall and authorizing the City Manager to implement said budget. Total contribution from Paul Young Properties, LTD., for this project is $120,000.00.

7. Public hearing and introductory ordinance amending the City of Laredo FY 2003 – 2004 Airport Construction Budget and Airport Operations Budget to recognize additional revenues received from the Federal Aviation Administration Airport Improvement Program for Grant Project No. 3-48-0136-42-04 in the amount of $5,449,747.00 for the purpose of rehabilitating Taxiways and for rehabilitating a portion of the west side apron at the Laredo International Airport and to recognize the local match of $286,829.00 from the Airport Operations, by which the transfer out and revenues will be appropriated on the Airport Operations Fund as a result of additional land sale revenues. Authorizing the City Manager to implement said budget amendment; providing for an effective date.

8. Public hearing and introductory ordinance amending the City of Laredo FY 2003-2004 Annual Budget by appropriating revenues and expenditures in the amount of $25,000.00 in funds ($21,000.00 in grant funds and $4,000.00 in-kind) from the US-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 August 17, 2004, through November 30, 2004.

9. Public hearing and introductory ordinance amending the FY 2003-2004 Annual Budget for the South Texas Regional 911 System Fund by appropriating revenues and expenditures in the amount of $14,977.00. The Commission on State Emergency Communication provided a subsequent allocation to the South Texas Region. The City of Laredo as Administrator designated the use of those funds for installing Mapped ALI at the Webb County Sheriff’s Office Public Safety Answering Point (PSAP).

10. Public hearing and introductory ordinance amending the City of Laredo Code of Ordinances as follows: Chapter 2, Article II, Division 6 (Pay Administration), Section 2-87.7 (12)(a), providing for a cost of living adjustment increase of 2.3%, except as otherwise stated in any collective bargaining agreement; providing for an effective date of September 26, 2004.

11. Public hearing and introductory ordinance adopting a new health rate structure by increasing all medical contribution amounts by five percent (5%) for the City of Laredo and for all persons covered under the City of Laredo’s Medical Plan unless otherwise provided in a collective bargaining agreement and providing for an effective date of October 1, 2004.

12. Public hearing and introductory ordinance amending the City of Laredo Fiscal Year 2003 - 2004 Health and Benefits Fund budget by appropriating revenues and expenditures in the amount of $1,200,000.00 respectively. The revenues are from insurance reimbursement from Stop Loss Carrier for medical claims paid by the city in excess of $100,000.00. The expenditure line item for medical claims will be increased by the same amount.

13. Public hearing for the adoption of a tax rate of $0.637000 per $100.00 value. The tax rate will provide revenue for general fund and debt service. The rate includes $0.508677 per $100.00 value for Maintenance and Operation and $0.128323 per $100.00 value for the Interest and Sinking Fund of the Debt Service and will produce a tax levy of $43,209,681.00.

14. Public hearing and adoption of Resolution No. 2004-R-092 adopting the 2005-2009 Capital improvement Program for the City of Laredo.

15. Public hearing and introductory ordinance adopting the Annual Budget for Fiscal Year 2004-2005; appropriating the estimated revenues, expenditures and balances reported therein for the year beginning October 1, 2004 and ending September 30, 2005, consistent with the financial plan described in said Annual Budget; and authorizing the City Manager to implement said Annual Budget.

(Recess)

(Press Availability)

VIII. INTRODUCTORY ORDINANCES

16. Authorizing the City Manager to execute a lease with Webb County for approximately 2,378 square feet constituting Building No. 1228 located at 4704 Naranjo Street at the Laredo International Airport. Lease term is for one (1) year commencing on August 1, 2004 and ending July 31, 2005 and may be extended for one (1) year ending July 31, 2006. However, it is agreed by the parties that lease may be terminated by either party during the primary or extension term of this lease upon giving a ninety (90) written notice from the party terminating to the other. Monthly rent shall be $1,725.00 and will be adjusted annually during the primary and extension term of this lease according to changes in the Consumer Price Index (CPI); providing for an effective date.

17. Closing as a public easement a tract of land containing 0.04 acres (1,853 sq. ft.) more or less, out of the 2900 block of Stone Avenue between Frost and Lyon Streets being adjacent to the East Boundary line of Lot 4, Block 678, Eastern Division of the City of Laredo, Webb County, Texas, said parcel of land is being encroached upon by the improvements of the abutting property as described on attached “Exhibit A” and authorizing the sale of the “Surface Only” of said parcel of land at the market value of $4,633.00 and authorizing the City Manager to execute all necessary documents to effectively convey fee simple title to Carlos E. Ramirez and providing for publication and effective date.

18. Designating as a one-way westbound the 700 Block of Eistetter Street, between Logan Avenue and Ryan Street, and as a one-way southbound the 4200 Block of Logan Avenue, between Ryan Street and Eistetter Street, to be effective during the peak hours of 7:00 A.M. to 8:30 A.M. and 2:30 P.M. to 4:30 P.M., Monday thru Friday, during school days, providing for the installation of appropriate signs to indicate one-way traffic in the designated direction and the specified hours and providing for publication and effective date.

19. 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 space to be used as a Woman, Infant and Children (W.I.C.) Food Store at the area commonly known as 2300 Saltillo, part of the Mario Tijerina Park site, for a term of one year at a monthly rental rate of $360.00 per month.

20. Authorizing the City Manager to execute a cattle grazing lease agreement with A/C Cattle Co., Laredo, Texas, for approximately 220 acres of underdeveloped land located in Northwest Laredo in the Pinto Valle Area, next to the International Fire Training / Public Safety facility for cattle grazing. Lease term is for three (3) years commencing on October 1, 2004 and ending September 30, 2007, and may be extended for two (2) one year terms; the annual rent shall be $1,320.00; providing for an effective date.

IX. FINAL READING OF ORDINANCES

21.

2004-O-190 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.

2004-O-191 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.

2004-O-192 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.

2004-O-193 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.

2004-O-194 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.

2004-O-195 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.

2004-O-196 Amending the City of Laredo Fiscal Year 2003-2004 Water and Colonias Fund by appropriating a transfer of $132,550.00 from the 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.

2004-O-197 Amending the City of Laredo FY 2003-2004 annual budget by appropriating revenues and expenditures in the amount of $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.

2004-O-198 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.

2004-O-199 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 of $610,300.00 with a local match of $322,592.00 for the purchase of three 35 ft. CNG buses for a grand total of $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.

2004-O-200 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.

2004-O-201 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.

2004-O-202 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.

2004-O-203 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.

2004-O-204 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.

X. RESOLUTIONS

22. 2004-R-085 Accepting the assignment of 8.1 acre feet of municipal water rights from the balance of 236.845 acre feet deeded to the City of Laredo by Vaquillas Ranch Company, Ltd. by applying 8.1 acre feet of municipal water rights for water availability charges in connection with the final plat of Concord Hills Phases VII, VIII, and IX.

23. 2004-R-086 Accepting the donation of one utility easement from Gustavo A. Rodriguez, for the extension of utility services lines to the Laredo Ranchettes Subdivision. This being a strip of land 30 feet in width, containing 12,249.78 square feet or 0.28 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.

24. 2004-R-087 Accepting the donation of the “Surface Only” of a parcel of land from 4 V Holdings, Ltd., a Texas Limited Partnership, for the extension of Ejido Avenue, South from Columbia Drive at Southgate Subdivision to Pita Mangana Road. Said parcel of land being a strip of land generally 90.00 feet in width, containing 2.74 acres, more or less, and being situated in Porcion 35, Abstract 546, Webb County, Texas.

25. 2004-R-088 Accepting the donation of the “Surface Only” of a parcel of land from A & W Real Estate I, Ltd., a Texas Limited Partnership, for the extension of Ejido Avenue, South from Columbia Drive at Southgate Subdivision to Pita Mangana Road. Said parcel of land being a strip of land generally 90.00 feet in width, containing 3.35 acres, more or less, and being situated partly in Porcion 35, Abstract 546, and Survey 2386, Abstract 3264, Webb County, Texas.

26. 2004-R-089 Accepting the donation of the “Surface Only” of a parcel of land from Wyers Family Trust, a Texas Trust, for the extension of Ejido Avenue, South from Columbia Drive at Southgate Subdivision to Pita Mangana Road. Said parcel of land being a strip of land generally 90.00 feet in width, containing 1.83 acres, more or less, and being situated partly in Porcion 34, Abstract 762, Porcion 35, Abstract 546, and Survey 2386, Abstract 3264, Webb County, Texas.

27. 2004-R-090 Accepting the donation of the “Surface Only” of a parcel of land from Laredo Cuatro Vientos, Ltd., a Texas Limited Partnership, for the extension of Ejido Avenue, South from Columbia Drive at Southgate Subdivision to Pita Mangana Road. Said parcel of land being a strip of land generally 90.00 feet in width, containing 3.81 acres, more or less, and being situated partly in Porcion 36, Abstract 473, and partly in Survey 2149, Abstract 594, Webb County, Texas.

28. 2004-R-091 A resolution of the City of Laredo, Texas, authorizing the South Texas Aggregation Project, Inc. (STAP) to negotiate an electric supply agreement for deliveries of electricity effective January 1, 2005; authorizing the City to sign a contract with STAP for the City of Laredo’s 2005 electricity needs; and committing to budget for energy purchases in 2005 and to honor the City of Laredo’s commitments to purchase power for its electrical needs in 2005 through STAP.

XI. MOTIONS

29. Consideration to authorize the City Manager to renew the existing contract with RWL Group Inc., and the City of Laredo for a period of twelve (12) months for the purpose of providing risk management with property & liability insurance consulting services and authorizing the City Manager to execute all retainer documents. The contract is to commence on October 1, 2004 and to conclude on September 30, 2005 for a cost of $16,200.00. Funding is subject to Fiscal Year 2004-2005 appropriations.

30. Consideration to authorize the City Manager to renew the existing contract with RWL Group Inc., and the City of Laredo for a period of twelve (12) months for the purpose of providing employee benefits services to the City of Laredo to commence on October 1, 2004 and to conclude on September 30, 2005 for a cost of $24,500.00. Funding is subject to Fiscal Year 2004-2005 appropriations.

31. Authorizing the City Manager to opt out of the Federal Health Insurance Portability and Accountability Act of 1996 (HIPAA), effective October 1, 2004 through September 30, 2005, as a result of the city currently meeting or exceeding minimum HIPAA benefit provisions.

32. Motion to amend the proposed Fiscal Year 2005 Annual Budget by increasing General Fund current tax revenue appropriation by $790,977.00 and expenditures in the amount of $230,259.00 to fund the City’s 2005 Municipal Contribution Rate of 14.91% for the Texas Municipal Retirement System. The difference of $560,718.00 will increase the proposed ending fund balance.

33. Authorizing the City Manager to continue negotiations with Proviron, Inc. through January 31, 2005, or until such time as a new franchise ordinance becomes effective, whichever occurs sooner.

34. Consideration for approval to award an engineering contract to Structural Engineering Associates, Inc., San Antonio, Texas, for an amount not to exceed $143,428.44 for engineering investigation phase design and preparation of plans and specifications for the Rehabilitation of the Laredo Colombia International Bridge. Funding is available in the Bridge System–Testing Fees.

35. Consideration for approval of final change order no. 5 a decrease of $46,215.42 for the balance of quantities actually constructed in place and to add ten (10) calendar days to the construction contract time, acceptance of the Centro Iturbide Project – EDA Project No. 08-01-03534 and approval of final payment in the amount of $124,977.08 to Ramos Industries, Inc., Pasadena, Texas. Final contract amount is $1,152,609.26. Funding is available in the Streets of Laredo Urban Mall Fund – Improvements Other Than Buildings.

36. Consideration for approval of acceptance of the Sidewalk Construction Project to Cross Under Lafayette Street East Side at Zacate Creek Bridge and approval of final payment in the amount of $15,186.00 to J. Solis Maintenance and Welding Services, Laredo, Texas. Final contract amount is $46,920.00. Funding is available in the Capital Improvements Project Fund – Zacate Creek Linear Park Bridge.

37. Consideration for approval of acceptance of the South Laredo Park (Phase II) and approval of final payment in the amount of $8,147.09 to Larecon, Inc., Laredo, Texas. Final contract amount is $81,470.90. Funding is available in the 28^th Action Year CDBG - South Laredo Park Phase II.

38. Consideration for approval to award a construction contract to low bidder Puma Builders, Inc.,