CITY OF LAREDO

CITY COUNCIL MEETING

A-2004-R-23

CITY COUNCIL CHAMBERS

1110 HOUSTON STREET

LAREDO, TEXAS 78040

December 20, 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 October 25, 2004 and December 7, 2004.

 

V.        COMMUNICATIONS AND RECOGNITIONS

 

Announcements

 

Invitations

 

Recognitions

a.           Recognition of Irma A. Gonzalez, of the Laredo Public Library, on her selection as City of Laredo 2004 Employee of the Year.

 

b.           Recognition of the 2004 Texas Certified Public Manager (CPM) Program City Employee graduates for their successful completion of the program.

 

 

c.           Recognizing Paramedics Ricardo S. Treviño, Roger Sherwood, Ricardo Oliva and Firefighter Albert Salazar for their heroic efforts in saving the life of a young child on October 31, 2004.

 

d.           Recognition of Dr. Rosa Maria Vida for eight years of service to the Laredo Commission for Women.

 

Communiqués

a.           Presentation by Diana Ortiz, Chair, regarding Alexander High School Band’s “Bulldogs on Broadway” participation in the 2005 Macy’s Thanksgiving parade.

 

VI.               APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES

a.           Appointment by Council Member Gene Belmares of Jimmy Deliganis to the Tree Advisory Board.

 

b.           Appointment by Council Member John Galo of Bebe Zuniga to the Board of Adjustment to replace Ray Gonzalez who has submitted his letter of resignation.

 

VII.             PUBLIC HEARINGS

 

1.           Public hearing allowing interested persons to comment on the proposed amendment to the 2004 Consolidated One –Year Action Plan by reprogramming a total of $200,000.00 of 30th Action Year (AY) 2004 Community Development Grant (CDBG) funds by reducing the amount of funding for the Acquisition & Relocation project along Monterrey Avenue, from $500,000.00 to $300,000.00, and utilizing the difference of $200,000.00 to allow for the design of the Slaughter Park in South Laredo. Also providing an opportunity to comment on the proposed amendment of the 2003 Consolidated One-Year Action Plan by reprogramming a total of $249,824.00 of the 29th AY 2003 CDBG  funds by canceling the San Salvador Neighborhood Park project and utilizing the $249,824.00 to create a new activity, the Dryden Park Improvement project.

                       

2.           Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by rezoning 2.42 acres, as further described by metes and bounds in attached Exhibit A, located approximately south of Masterson Road and east of Santa Fe Subdivision, from AG (Agricultural District) to R-1MH (Single Family Manufactured Housing District); providing for publication and effective date.  The Planning and Zoning Commission has recommended denial of the proposed zone change and further recommended the applicant apply for a Conditional Use Permit.

 

3.           Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by authorizing the issuance of a Conditional Use Permit for a new and used auto dealership on Lot 11, Block 3 and Lot 1, Block 4, Emerald Hills Subdivision, located at 1022 Dicky Lane and 4250 Cheyenne Dr; providing for publication and effective date.  The Planning and Zoning Commission has recommended approval of the proposed Conditional Use Permit.

 

4.           Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of  Laredo by authorizing the issuance of a Conditional Use Permit for used 18 wheeler tractor sales on Lot 85A and 85B, Block 2, Wolf Creek Commercial Development, located at 12602 and 12606 Mines Road; providing for publication and effective date. The Planning and Zoning Commission has recommended denial of the proposed Conditional Use Permit.

 

5.           Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by rezoning Lot 3, Block 10, Crown Ridge Subdivision, Phase I, located at 413 Shiloh Dr., 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.

 

6.           Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by rezoning Lots 1 and 2, Block 1352, Eastern Division, located at 2301 Guerrero St., from R-1 (Single Family Residential District) to R-1A (Single Family Reduced Area District); providing for publication and effective date.  The Planning and Zoning Commission has recommended denial of the proposed zone change.

 

7.           Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by rezoning 5.01 acres, as further described by metes and bounds in attached Exhibit A, located approximately north of Hwy. 359 and east of Larga Vista Subdivision, from 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.       

                                                                                                     

8.           Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of  Laredo by rezoning Lots 1 and 2, Block 699, Eastern Division, located at 1202 Cortez St., from R-1 (Single Family Residential District) to R-1A (Single Family Reduced Area District); providing for publication and effective date.  The Planning and Zoning Commission has recommended denial of the proposed zone change.          

 

9.           Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by rezoning Lots 9 and 10, Block 3, Hilltop Subdivision, Phase II, located approximately at the northwest intersection of Michigan Avenue and Erie Lane, from R-3 (Mixed Residential District) to R-2 (Multi-family District); providing for publication and effective date.  The Planning and Zoning Commission has recommended approval of the proposed zone change.    

 

10.      Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by rezoning 28.88 acres, as further described by metes and bounds in attached Exhibit “A”, located approximately north of San Isidro – Los Agaves Subdivision, Phase III., from AG (Agricultural District) to R-1 (Single Family Residential District); providing for publication and effective date.  The Planning and Zoning Commission has recommended approval of the proposed zone change.

 

11.      Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by rezoning 18.38 acres, as further described by metes and bounds in attached Exhibit “A”, located approximately north of La 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 and Zoning Commission has recommended approval of the proposed zone change.

 

12.      Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by authorizing the issuance of a Special Use Permit for the co-location of an antenna on an existing communication tower, on .031 acres, as further described by metes and bounds in attached Exhibit "A", located approximately at 27005 Mines Road; providing for publication and effective date.  The Planning and Zoning Commission has recommended approval of the proposed Special Use Permit.

                                                                              

13.      Public hearing and introductory ordinance amending the City’s FY 2004 – 2005 Annual Budget, Laredo Fire Department EMS Division Budget by accepting a donation of $2,500.00 from Wal-Mart Stores and appropriating said funds for the purpose of purchasing new computers for the Laredo Fire Department EMS Division.

 

14.      Public hearing and introductory ordinance authorizing the City Manager to amend the City of Laredo FY 2004 – 2005 Annual Budget by appropriating revenues and expenditures in the amount of $63,244.00 from the United States Conference of Mayors Research and Education Foundation for the HIV/AIDS Prevention Project of the City of Laredo Health Department for the contract period beginning January 1, 2005 through December 31, 2005, and to amend the FY 2004 – 2005 full-time equivalent positions by 1.07.

 

15.      Public hearing and introductory ordinance authorizing the City Manager to accept and execute an amendment to federal grant TX-90-X644-01 increased by $814,412.00 from $2,446,138.00 to $3,260,550.00, amending the Transit Operations Budget by appropriating the $814,412.00 additional federal revenues and decreasing transfer in sales tax funds by $814,412.00.

         

(Recess)

(Press Availability)

 

VIII.           INTRODUCTORY ORDINANCES

 

IX.               FINAL READING OF ORDINANCES 

 

16.         

2004-O-331                  Amending the City of Laredo Code of Ordinance Chapter 21, Offenses and Miscellaneous Provisions, Article XII, Aggressive Solicitation, by adding definitions, prohibiting persons under the age of eighteen (18) from participating in street solicitation, authorizing police officers and code enforcement officers to halt ongoing solicitation as a penalty for violating any provision of this ordinance; providing for publication and effective date.

 

2004-O-332                  Amending Chapter 15, Health and Sanitation, Article VI “Indoor Clean Air”, of the Code of Ordinances of the City of Laredo, Texas by amending the definition of public place, Section 15-78; amending Section 15-79 by prohibiting smoking in any city owned or leased facility; and deleting section 15-80, which allows for exceptions; providing for severability; and providing for an effective date.

 

2004-O-333                  Amending the Laredo Municipal Housing FY 2005 Budget by drawing down and appropriating $700,000.00 from the its opening balance to the City’s Capital Improvement Fund.  This transfer will be set up to carry out necessary repairs associated with the owner-occupied units constructed by the Laredo Affordable Housing Corporation as part of the Los Obispos Affordable Housing Project.  The amendment is authorized by the Laredo Municipal Housing Corporation’s Articles of Incorporation. 

 

2004-O-334                  Amending Section 1 of Ordinance 2002-O-0251 of the City of Laredo and authorizing the implementation of an administrative fee of $1.00 per swipe card for southbound commercial traffic that utilizes the City of Laredo International Bridges as further described in Exhibit “A” and hereby repealing all conflicting sections in all ordinances currently in effect.  

 

2004-O-335                  Authorizing the City Manager to amend the 29th AY Community Development Block Grant budget for the FY 2004 – 2005 by increasing the original Program Income Budget of $11,493.00 by $57,572.00 in additional program income, for a total of $69,065.00. The Program Income funds will be used for land acquisition for the Riverfront Green Space Acquisition Project.

 

2004-O-336                  Ratifying the City Manager’s acceptance of a grant by the South Texas Development Council (STDC) in the amount of $40,828.00 with no matching funds for a total of $40,828.00 and amending the City of Laredo’s FY 2004 – 2005 Annual Budget for the NPDES Fund by appropriating the said grant revenue to the appropriate expenditure accounts. The grant funds will be used to promote two electronic waste (e-waste) recycling events, as well as for disposal fees for the materials collected.

 

2004-O-337                  Authorizing the City Manager to enter into a rental agreement between the City of Laredo and SER-Jobs for Progress for the use of two classrooms at East Hachar Recreation Center and Inner City Tech/Rec Center, in the form attached as Exhibit “A”; and amending the FY 2004 – 2005 General Fund Budget by appropriating revenues and expenditures in the amount of $5,600.00 for computer hardware and software to further enhance technology programming.

 

2004-O-338                  Authorizing the City Manager to accept a $1,000.00 donation from Wal-Mart Foundation and amending the City of Laredo Fiscal Year 2004 – 2005 General Fund Annual Budget by appropriating revenues in the amount of $1,000.00 in the form of a donation of $1,000.00 and appropriating expenditures in the amount of $1,000.00 for the purchase of trees for the Tree Farm Project.

 

2004-O-339                  Designating a certain area as a Tax Abatement Reinvestment Zone for commercial/industrial tax abatement, establishing the boundaries thereof and other matters relating thereto; declaring findings of fact; providing for severability; and providing for an effective date.

 

2004-O-340                  Authorizing the City Manager to convey to Southwestern Bell Telephone, L.P. three easements, namely: (1) A 100 square foot easement out of Lot 10, Block 22, Western Division, in the form attached as Exhibit 1 herein; (2) a 1,600 square foot easement out of former Farias Street Section in the form attached as Exhibit 2 herein; and (3) a 625 square foot easement out of Lot 5, Block 30, Las Americas Subdivision, Unit 2, in the form attached as Exhibit 3 herein; and providing for effective date.

 

2004-O-341                  Closing as public easement that section of Davis Avenue between Zaragoza and Water streets situated in the Western Division, City of Laredo, County of Webb, Texas, and providing for an effective date.

 

2004-O-342                  Closing as public easements those sections of Ventura Street between Main and Santa Maria Avenues, including its intersection with Davis Avenue; all situated in the Western Division, City of Laredo, Webb County, Texas, and providing for an effective date.

 

X.                 RESOLUTIONS

 

17.      2004-R-124      Authorizing and approving a Tax Abatement Agreement between the City of Laredo and Midwest Sterilization Corporation in accordance with Ordinance 2003-O-090 for the Tax Abatement and Reinvestment Zones. This agreement will be for a five (5) year period to abate taxes on new improvements for the purpose of promoting economic growth and development for the city, and for the creation of jobs. The amount of taxes abated depends on the number of jobs created and the amount of the investment. The guidelines and criteria for the agreement are set forth in the attached agreement and attachments.

 

18.      2004-R-126      Accepting a Correction Deed for the donation of a twelve-foot-wide Municipal Water and Sewer Utility Easement from the Laredo Regional Medical Center, L.P., d/b/a Doctor’s Hospital of Laredo, Inc. Said twelve-foot-wide easement being out of Lot 1, Block 1, San Isidro/Colombia Subdivision, City of Laredo, Webb County, Texas.

 

19.      2004-R-128      Declaring the public necessity to acquire the “Surface Only” of nine parcels of land for the Monterrey Avenue Acquisition and Relocation Project. Said nine parcels being all  Lot 1, the North half of Lot 2, the South half of Lot 2, the North 25.15 feet of Lot 3, the South 21.15 feet of Lot 3, the North half of Lot 4, the South half of Lot 4, all Lot 5, & all Lot 6,  Block 87A, Eastern Division, City of Laredo, Webb County, Texas, as delineated on attached copy of City Plat; and authorizing staff to negotiate with the owners for the acquisition of said parcels by purchase at market values to be established by a State Certified Real Estate Appraiser, and also authorizing the City Attorney to initiate condemnation proceedings to acquire said parcels 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 a listed owner, and further authorizing relocation benefit payments to persons who will be displaced as a result of the acquisition of those properties, in accordance with the provisions of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970, as amended.

 

20.      2004-R-130      Amending Resolution No. 2004-R-117 to provide relocation benefits under the Uniform Relocation Assistance and Real Property Acquisition Act of 1970, as amended, to property owners who will be displaced as a result of the City of Laredo’s acquisition of Lots 4, 5, 6, & 7, Block 1868, Eastern Division, City of Laredo, Webb County, Texas, Said parcels are to be acquired for the Highway 359 Acquisition and Relocation Project.  

 

21.      2004-R-131      Recommending the permanent establishment of a residential parking permit area for the existing streets north and south of Shiloh Ave., located within close proximity to United High School, that were temporarily established through a pilot project and which will now require that all residents follow all regulations as set forth in the Residential Permit Parking Program recently established.

 

22.      2004-R-132      Authorizing the City Manager to amend the agreement between Laredo Community College on behalf of the Health Sciences Division and the City of Laredo Fire Department EMS Division to define the responsibilities for both parties for the instructional activities to be offered for academic credit and/or workforce continuing education. 

           

XI.               MOTIONS

 

23.      Consideration to award a contract to Simplex Grinnell LP., of San Antonio, Texas in the amount of $299,396.25 for the purchase and installation of security equipment at the Laredo International Airport. This equipment is being purchased through the State of Texas – TXMAS Program. Funding is available from the Airport Construction Fund (433) within Federal Aviation Administration Airport Improvement Program Grant No. 34 and from the Land Proceeds Division.

 

24.      Authorizing the City Manager to solicit bids and conduct a Public Sale of two (2) tracts of airport non-aeronautical use land being a portion of Block 1 consisting of approximately 4.0-acres including portions of closed sections of Maher and Jarvis Avenues and all of Block No. 23 consisting of approximately 10.9-acres both tracts of the Subdivision Plat of the Laredo Airport at the Laredo International Airport.

 

25.      Consideration to award contract FY05-022, to the sole bidder, Powerware, Chicago, IL, in the total amount of $30,439.60, for an annual service contract for the Uninterruptible Power Systems (UPS) at all International Bridges and a one time battery replacement for the UPS at the World Trade Bridge. Funding is available in the Bridge System Fund. 

 

26.      Authorization to cancel effective December 31, 2004, the City’s contract for federal legislative services with Government Relations Inc. (GRI) in the contract balance amount of $67,500.00 plus expenses of $5,000.00 and to execute a contract with Government Relations Consultants, Oakton, VA in the amount of $67,500.00 plus travel and related expenses up to $5,000.00 for the period beginning January 1, 2005 and ending September 30, 2005 for intergovernmental, informational, and advocacy services provided to the City of Laredo. Funding is available in the General Fund.

 

27.      Consideration to authorize six (6) five-year maintenance contracts (May 31, 2004 through May 30, 2010) with Central Telephone Company of Texas, d/b/a Sprint, in the amount of $237,357.60, for providing preventive and corrective maintenance to Public Safety Answering Point’s (PSAP) 9-1-1 call taking related equipment in the four county service region. In subsequent years, service contract payments are subject to future funding from the State of Texas Commission on State Emergency Communications. Funding is available in the 9-1-1 Regional Fund.

 

28.      Authorizing the City Manager to solicit bids and conduct a public sale of land consisting of Lots 1-4 on Block 276A in the Western Division which is located along the south side of the 1500 block of Zaragoza Street in the Central Business District and is approximately 24,693 square feet. 

 

29.      Authorizing the City Manager to negotiate and execute a contract with the Laredo Hockey Holdings L.P. for the City of Laredo to underwrite the television production and broadcast of the 2005 CHL All Star Game on Fox Sports Southwest. Total cost of the underwriting shall not exceed $55,000.00. Funding is available in the FY 2004 – 2005 CVB Marketing Division Budget.

 

30.      Authorizing the City Manager to negotiate and execute a contract with the Instituto Tecnologico y de Estudios Superiores de Monterrey (ITESM) to place advertisements on their INFOTEC system for twelve months from January 1, 2005 through December 31, 2005. The total cost to the City of Laredo is $29,244.50.  Funding is available in the FY 2004 – 2005 CVB Marketing Division Budget.

 

31.      Consideration to award contract FY05-027 to El Financiero, in the estimated amount of $40,425.00, for print advertising in Mexico. The contract vendor will maintain a synchronic circulation in a national brand newspaper edition with daily circulation in Mexico City, Guadalajara, Monterrey, and an additional 150 cities in Mexico. Funding is available in the FY 2004 - 2005 CVB and Airport budgets.

 

32.      Consideration for approval to award an engineering contract to Freese and Nichols, Inc., Fort Worth, Texas, for an amount not to exceed $319,591.00 for design and preparation of plans and specifications for the Laredo International Airport Reconstruction of a Portion Runway 17R-35L. Funding is available in the Airport Construction Fund Proposed Grant Rehab. 17R – Project Engineer Fees.

 

33.      Consideration for approval of the selection of consultant Freese and Nichols, Fort Worth, Texas, for the construction, reconstruction and rehabilitation of Airport Pavement Areas and other Aeronautical Improvements at the Laredo International Airport and authorization to negotiate a professional services contract.

 

34.      Consideration to approve and accept the Health Department WIC Healthy Learning Center and approval of final payment in the amount of $93,649.00 to Zertuche Construction, L.L.C., Laredo, Texas. Final contract amount is $136,984.00. Funding is available in the Health Fund WIC Grant.

 

35.      Authorizing the City Manager to execute a contract with the law firm of Bickerstaff, Heath, Smiley, Pollan, Kever & McDaniel, L.L.P., for legal services related to the existing retainer agreement on International Bridge matters, and specifically to represent the City in the lawsuit styled Webb County, Texas v. Gregg Abbott, Texas Attorney General, City of Laredo, Texas, et al in the 261st Judicial District Travis County, Texas.

 

36.      Authorizing the City Manager to consent and acknowledge the Agreement for Ground Lease between Towers of Texas, Inc., a Texas Corporation, and Pinnacle Towers Acquisition L.L.C. (PTA) in regard to the ground lease at the South Laredo Waste Water Treatment Plant located at 319 River Front Road, Laredo, Webb County, Texas, on which a 250 ft. telecommunications tower and related equipment building are situated.

 

37.      Authorizing the City Manager to grant two (2) public fireworks display permits for the Laredo Entertainment