CITY OF LAREDO

CITY OF LAREDO

CITY COUNCIL MEETING

M2000-R-29

CITY COUNCIL CHAMBERS

1110 HOUSTON STREET

LAREDO, TEXAS 78040

OCTOBER 23, 2000

5:30 P.M.

I. CALL TO ORDER

With a quorum present, Mayor Elizabeth G. Flores called the meeting to order.

II. PLEDGE OF ALLEGIANCE

Mayor Elizabeth G. Flores led in the Pledge of Allegiance.

III. ROLL CALL

In Attendance:

Elizabeth G. Flores Mayor

Alfredo Agredano Council Member, District I

Louis H. Bruni Council Member, District II

John C. Galo Council Member, District III

Johnny Amaya Council Member, District IV

Eliseo Valdez, Jr. Council Member, District V

Joe A. Guerra Mayor Pro Tempore, District VI

Jose A. Valdez, Jr. Council Member, District VII

Juan Ramirez Council Member, District VIII

Gustavo Guevara, Jr. City Secretary

Larry Dovalina City Manager

Cynthia Collazo Assistant City Manager

Jaime Flores City Attorney

IV. MINUTES

Approval of the minutes of September 12, 2000, and September 18, 2000.

Motion to approve.

Moved: Cm. Bruni

Second: Cm. Agredano

For: 7 Against: 0 Abstain: 0

Cm. Agredano was not present at this time.

V. COMMUNICATIONS AND RECOGNITIONS

Announcements

Mayor Flores announced that the Zacate Creek Park groundbreaking ceremony would be held October 25, 2000, at 4:00 p.m.

Mayor Flores also announced that the University of Texas Health Science Center dedication ceremony for the Laredo campus would be held October 26, 2000. The UT System will be conducting a special dedication ceremony being that they have a newly appointed president of the UT Health Science Center.

Gustavo Guevara, Jr., City Secretary, announced that on October 30, 2000, representatives of the City will be traveling to the newest sister city, Lampazos de Naranjo, Nuevo Leon, and meeting with the city’s counterparts. The luncheon is scheduled for 1:00 p.m. which will be followed by an exchange of sister cities agreements and proclamations and a brief tour of the city. He mentioned he would be contacting the council members as well as city staff to obtain an estimate of those interested in attending.

Invitations

None.

Recognitions

a. Special Mayor and City Council recognition of outstanding community service to a

dedicated and loyal city employee.

Mayor Flores and the Council Members presented a Certificate of Recognition to Cynthia Collazo, Acting City Manager, for her outstanding community service and dedication to the City of Laredo. Mayor Flores pointed out that she was instrumental in securing the World Trade Bridge application and for having the bridge construction completed on schedule and on budget.

Communiqués

Abigail Delgado, from Univision, provided the City Council with a video overview of her trip to Finland which was sponsored by the Rotary Club scholarship program. She mentioned that the group traveled to Finland and gained some insight on the country’s culture, landscape, and industry.

Ana Arroyo, Rio Grande/Rio Bravo Basin Coalition representative, thanked the City Council for the appropriation awarded to the coalition under Third-Party funding sources. She also extended an invitation to Mayor Flores, Council Members and city staff to attend the Uniting the Basin Congress Conference to be held on November 9 – 11, 2000, in Ciudad Juarez, Chihuahua. The Congress will discuss the ties between water development and growth and the relationship of these to the issues of transboundary and transstate management of surface water in the basin.

VI. APPOINTMENTS TO COMMISSION, BOARDS AND COMMITTEES

a. Appointment of Mr. Juan J. Cruz by Council Member Eliseo Valdez, Jr., to the Citizens Environmental Advisory Committee.

Motion to approve.

Moved: Cm. Agredano

Second: Cm. Galo

For: 8 Against: 0 Abstain: 0

VII. PUBLIC HEARINGS

1. Public hearing concerning an application by Jesus Mendoza, amending the Zoning

Ordinance (Map) of the City of Laredo by rezoning the E 1/3 of Lot 3 and Lot 4, Block

2038, Eastern Division, located at 2104 S. Ejido Ave., from R-3 (Mixed Residential

District) to R-2 (Multi-Family Residential District). The Planning and Zoning

Commission recommended approval of the proposed zone change.

INTRODUCTION OF AN ORDINANCE

Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning the E 1/3 of Lot 3 and Lot 4, Block 2038, Eastern Division, located at 2104 S. Ejido Ave., from R-3 (Mixed Residential District) to R-2 (Multi-Family Residential District); providing for publication and effective date.

Motion to open public hearing.

Moved: Cm. Galo

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

There was no public input.

Motion to close public hearing and introduce.

Moved: Cm. Agredano

Second: Cm. Bruni

For: 8 Against: 0 Abstain: 0

Ordinance Introduction: Cm. Agredano

2. Public hearing concerning an application by Julia M. Ruhlman, amending the Zoning Ordinance (Map) of the City of Laredo by rezoning 13.5875 acres, as further described by metes and bounds, located west of Atlanta Dr. and north of Weathers Dr., from AG (Agricultural District) to M-1 (Light Manufacturing District). The Planning and Zoning Commission recommended approval of the proposed zone change.

INTRODUCTION OF AN ORDINANCE

Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning 13.5875 acres, as further described by metes and bounds, located west of Atlanta Dr. and north of Weathers Dr., from AG (Agricultural District) to M-1 (Light Manufacturing District); providing for publication and effective date.

Motion to open public hearing.

Moved: Cm. Galo

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

There was no public input.

Motion to close public hearing and introduce.

Moved: Cm. J. Valdez, Jr.

Second: Cm. Bruni

For: 8 Against: 0 Abstain: 0

Ordinance Introduction: Cm. J. Valdez, Jr.

VIII. GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS

3. A. Request by Council Member Louis H. Bruni

1. Status report on the DD Hachar Recreation Center, with possible action.

Cm. Bruni mentioned that several constituents have inquired why the center has not been completed.

Erasmo Villarreal, Community Development Director, reported that back on September 7, 1999, City Council had awarded this particular contract to Cantu America Construction Company. The construction was started and in early May, 2000, the company filed for bankruptcy relief. At that point, approximately 70 % of the project had been completed. The City Attorney’s Office as well as the Community Development Department began assessing the situation to determine how the city would see the project to completion. In reviewing the events that had transpired, it was discovered that there were outstanding payments due to subcontractors, materials suppliers, etc.

In August, 2000, the bankruptcy court advised the City of Laredo that Cantu America had filed for Chapter 11 bankruptcy proceedings in order to grant the debtors time to reorganize their financial affairs. During this process, the City of Laredo began working with the debtors to attempt to salvage some of the construction and to pay out some of the outstanding claims. The Legal Department had also apprised the bonding company of the situation on this particular contract. On October 16, 2000, the City Council entered into an agreement to execute a construction contract as a takeover on this particular project. The bonding company was now responsible for completion of the construction project being that Cantu America was no longer involved in the project. Cantu America’s bankruptcy petition transferred to a Chapter 7 bankruptcy proceeding and the city had to go to the bankruptcy court to get all legal requirements settled in order to move forward with the project. There were also several issues that had to be resolved with the bonding company, in particular the timeline for completion of the project and the settlement amount of liquidated damages. The bonding company has now hired Inner City Construction Company from Dallas, Texas, to complete construction of the center, and the project will continue on track. This new firm will begin the project shortly and will complete the project by February 9, 2001.

Cm. Eliseo Valdez, Jr. mentioned that the City Manager was exploring the possibility of allowing the smaller size contractors to be bonded in order to have them work on the minor projects the city contracts out.

Larry Dovalina, City Manager, stated that Erasmo Villarreal is also following up on that particular suggestion. The City Manager’s Office is attempting to determine what mechanism could be implemented in order to get a bonding umbrella for the smaller contractors.

Cm. Guerra inquired whether the city has been provided a warranty for the work that has already been performed by the company that first worked on the construction project.

Larry Dovalina, City Manager, stated that the performance bond is still in existence for the entire length of time that had been required initially.

2. Status report on the Eastwoods Park, with possible action.

John Vidaurri, Parks and Recreation Director, reported that the project was first discussed before City Council on July 18, 2000. A week after, City Council approved the plans and directed the department to go ahead and pursue funding possibilities for the construction of the park. On August 7, 2000, the City Council approved $150,000.00 in funding for park improvements. Following that approval, the Planning and Zoning Department prepared a conceptual design of the proposed improvements for the park. The item was to go before the Parks and Recreation Advisory Board in late September. No suggestions were made being that they were unable to obtain a quorum for that meeting. Mr. Vidaurri stated that the item is on the agenda for this coming Thursday. He anticipates that the board members will review the conceptual design and provide their recommendations to City Council regarding proposed improvements for the park.

He also mentioned that they always try to accomplish projects within the fiscal year in which the funding is provided.

Larry Dovalina, City Manager, mentioned that he has asked Mr. Vidaurri to submit a Request for Qualifications prior to the board meeting on Thursday in order to accelerate the process for approval of the Request for Qualifications.

3. Status report on the proposed concrete channelization of the creek of Spur 400.

Cm. Bruni mentioned that this creek is already designated as a project under the FY02 budget, but he is concerned because there are substantial amounts of stagnant water and refuse that have collected there. He wants to know whether the right-of-way has been acquired by the City of Laredo.

Rogelio Rivera, City Engineer, reported on the design and channelization of the specified creek. He reiterated that the project is scheduled for the FY02 budget, with a budget of approximately $700,000.00 and it includes an underground system. He mentioned that the design plans and specifications are complete and all the necessary easements have been acquired.

Cm. Bruni inquired as to the length of linear feet the project will entail.

Rogelio Rivera stated that it would include close to 700 to 725 linear feet, starting from the culvert at Clark Blvd. and crossing over to Ejido St. He mentioned that the reason for the placement of an underground system at this location is because the land is very unstable and an open channel would bring down some of the homes around the area.

Cm. Amaya mentioned that he had a similar question on the Zacate Creek linear park.

Erasmo Villarreal, Community Development Director, reported that Phases 3, 4, and 5 of the Zacate Creek project, are under design by the Rosin Group, Inc. and his department is working together with them to complete said design.

B. Request by Council Member Johnny Amaya

1. Status report on the proposed traffic signalization at Buena Vista Ave. and Saunders St.

Roberto Murillo, Traffic Department Director, reported that the traffic signal at this intersection was installed in conjunction with the Mercy Hospital project. He stated that TxDot indicated to him that the Traffic Department needed to provide them with traffic counts to justify activation of the traffic signal. He reported that his department provided a written request to TxDot asking them to work in conjunction with them on this particular installation of the traffic signal, and on September 11, 2000, he provided the information requested by TxDot. His staff waited until the school year began and the nearby McDonald’s Restaurant reopened for business in order to get better traffic counts of the area. On October 5, 2000, his department sent correspondence to TxDot indicating that traffic levels did warrant installation of the traffic signal. He mentioned that all that is pending now is written authorization from TxDot in order to move forward with the installation of said traffic signal.

2. Status report on the proposed traffic signalization at Lyon St. and Meadow Ave.

Roberto Murillo reported that on said intersection they did conduct a study and he recommends installation of a left-turn signal only for the northbound traffic to turn west onto Lyon St. They are going to proceed with the installation of the left-turn signal but have not done so because the equipment at that intersection is the older mechanical-type of equipment and they cannot add that extra movement into that equipment. He stated that they are going to utilize one of the traffic controller cabinets purchased from the City of Dallas and will proceed to install said cabinet within the next three weeks.

3. Discussion and possible action on a traffic study to review the possible traffic signalization of Montgomery St. and Bartlett Ave.

Roberto Murillo reported that he would be conducting a study to determine whether traffic counts at that intersection warrant installation of a traffic signal. He mentioned that it takes from six to eight weeks to finalize said study. Once the traffic study is completed, he will submit a report to City Council on the results obtained from the traffic study.

IX. INTRODUCTORY ORDINANCES

None.

X. FINAL READINGS OF ORDINANCES

Internet Available: //www.cityoflaredo.com

Motion to waive final readings of ordinances 2000-O-253, 2000-O-254, 2000-O-255, 2000-O-256, 2000-O-257, 2000-O-258, 2000-O-259, 2000-O-261, 2000-O-262, 2000-O-263, 2000-O-264, 2000-O-265, 2000-O-266, 2000-O-267, 2000-O-268, and 2000-O-269.

Moved: Cm. Galo

Second: Cm. Bruni

For: 8 Against: 0 Abstain: 0

4. 2000-O-253 Authorizing the City Manager to amend the City of Laredo's FY2000-2001 annual budget in the amount of $200,000.00 for the Local Law Enforcement Block Grant from the U.S. Department of Justice. This project funds the salaries, fringe benefits, overtime, and equipment for support personnel. The U.S. Department of Justice will designate $127,955.00 and the City of Laredo will designate $72,045.00 to fund this grant from October 1, 2000 through September 30, 2002. (City Council)

Motion to adopt Ordinance 2000-O-253.

Moved: Cm. Galo

Second: Cm. E. Valdez, Jr.

For: 8 Against: 0 Abstain: 0

2000-O-254 Amending Chapter 5.5, Ambulances Article I. -In General, of the Laredo Code of Ordinances, by specifically amending Section 5.5-28(a) to standardize basic rates as determined by Medicare; amending Sections 5.5-28(c)(1); 5.5-28(c)(2), 5.5-28(c)(3), and 5.5-28(c)(4) and creating Section 5.5-28(e); and providing for publication and effective date of January 1, 2001. (City Council)

Motion to adopt Ordinance 2000-O-254.

Moved: Cm. Galo

Second: Cm. E. Valdez, Jr.

For: 8 Against: 0 Abstain: 0

2000-O-255 Amending Chapter 2, Article II, Division 3, Section 2-58(a), Holidays, of the Code of Ordinances of the City of Laredo by adding two additional holidays, Martin Luther King, Jr. Day and the Friday before Easter Sunday, for all City of Laredo employees. Except as otherwise stated in any collective bargaining agreement. (City Council)

Motion to adopt Ordinance 2000-O-255.

Moved: Cm. Galo

Second: E. Valdez, Jr.

For: 8 Against: 0 Abstain: 0

2000-O-256 Amending the City of Laredo's FY00-01 budget for the NPDES Fund to appropriate $437,120.00 from the fund balance to award a professional services contract to Carter & Burgess, Inc., Fort Worth, Texas, to provide consulting services for the Chacon Creek Flood Mitigation Project. (City Council)

Motion to adopt Ordinance 2000-O-256.

Moved: Cm. Galo

Second: Cm. E. Valdez, Jr.

For: 8 Against: 0 Abstain: 0

2000-O-257 Amending the fiscal year 2001 General Fund Budget, Contractual Obligation Fund and establishing a new fund, 2000 Certificate of Obligation Fund. The proposed amendment will draw down $2,415,000.00 from General Fund and transfer $250,000.00 Capital Lease Fund and $2,165,000.00 to the 2000 Certificate of Obligation Fund. (As Amended) (City Council)

Motion to adopt Ordinance 2000-O-257.

Moved: Cm. Galo

Second: Cm. E. Valdez, Jr.

For: 8 Against: 0 Abstain: 0

2000-O-258 An ordinance authorizing the City Manager to execute a lease with Hill-Rom Company, Inc., for approximately 1,428 square feet constituting the southeast portion of Building No. 60 located at 4810 Maher Avenue at the Laredo International Airport. Lease term is for one (1) year commencing on March 1, 2000 and ending May 31, 2001, and may be extended for one (1) term of one (1) year ending February 28, 2002 and an additional term for one (1) year and three (3) months ending July 1, 2003. Extension shall be upon the terms and conditions of this agreement. However, it is agreed by the parties that the lease may be terminated by either party on not less than sixty (60) days written notice from the party terminating to the other. Monthly rent shall be $1,071.00 and will be adjusted annually during the primary and extension term of this lease according to changes in the Consumer Price Index. (City Council)

Motion to adopt Ordinance 2000-O-258.

Moved: Cm. Galo

Second: Cm. E. Valdez, Jr.

For: 8 Against: 0 Abstain: 0

2000-O-259 An ordinance authorizing the City Manager to execute a lease agreement with Barker Aeromotive for approximately 10,500 square feet of land located at 4015 North Jarvis Avenue for the purpose of installing aboveground fuel storage tanks. Lease is for nineteen (19) years and eleven (11) months commencing September 1, 2000 and ending July 31, 2020 and may be extended for two (2) consecutive five (5) year terms ending July 31, 2025 and July 31, 2030. Monthly rent shall be $420.00 and shall be adjusted annually during the primary and extension terms of this lease according to changes in the Consumer Price Index. Further rent adjustments shall be made by Fair Market Value appraisal on the 10th and 20th anniversaries. (City Council)

Motion to adopt Ordinance 2000-O-259.

Moved: Cm. Galo

Second: Cm. E. Valdez, Jr.

For: 8 Against: 0 Abstain: 0

2000-O-261 An ordinance authorizing the City Manager to execute a lease with Charles Haber d/b/a/ Bed Factory for approximately 9,216 square feet constituting Building No. 1326 located at 103 Maher Avenue. Lease term is for one (1) year commencing October 1, 2000 and ending September 30, 2001. Lease may be terminated by either party upon giving a thirty (30) day written notice. Current monthly rent is $1,690.00. New monthly rent shall be $1,875.00. (City Council)

Motion to adopt Ordinance 2000-O-261.

Moved: Cm. Galo

Second: Cm. E. Valdez, Jr.

For: 8 Against: 0 Abstain: 0

2000-O-262 An ordinance authorizing the City Manager to execute a lease with Charles Haber d/b/a Bed Factory for approximately 9,216 square feet constituting Building No. 1335 located at 3918 North Jarvis Avenue. Lease term is for one (1) year commencing October 1, 2000 and ending September 30, 2001. Lease may be terminated by either party upon a thirty (30) day written notice. Current monthly rent is $1,840.00. New monthly rent shall be $2,024.00. (City Council)

Motion to adopt Ordinance 2000-O-262.

Moved: Cm. Galo

Second: Cm. E. Valdez, Jr.

For: 8 Against: 0 Abstain: 0

2000-O-263 An ordinance authorizing the City Manager to execute a lease with Charles Haber d/b/a Bed Factory for approximately 9,600 square feet constituting Building No. 1336 located at 3920 North Jarvis Avenue. Lease term is for one (1) year commencing October 1, 2000 and ending September 30, 2001. Lease may be terminated by either party upon a thirty (30) day written notice. Current monthly rent is $2,475.00. New monthly rent shall be $2,725.00. (City Council)

Motion to adopt Ordinance 2000-O-263.

Moved: Cm. Galo

Second: Cm. E. Valdez, Jr.

For: 8 Against: 0 Abstain: 0

2000-O-264 An ordinance authorizing the City Manager to execute a lease with the Laredo Police Department for approximately 16,000 square feet constituting Building No. 60 located at 4810 Maher Avenue at the Laredo International Airport. Lease term is for eleven (11) months and four (4) years commencing November 1, 2000 and ending September 30, 2005, and may be extended for four (4) options of five (5) years each ending on September 30, 2010, September 30, 2015, September 30, 2020, and September 30, 2025. New monthly rent shall be $3,512.00 commencing November 1, 2000 thru July 31, 2001 and monthly rent shall be $4,583.00 commencing August 1, 2001 thru September 30, 2001. Rent shall be adjusted according to changes in the Consumer Price Index commencing October 1, 2001. Previous tenant was Granitos Naturales of North America paying monthly rent of $4,000.00. (City Council)

Motion to adopt Ordinance 2000-O-264.

Moved: Cm. Galo

Second: Cm. E. Valdez, Jr.

For: 8 Against: 0 Abstain: 0

2000-O-265 An ordinance authorizing the City Manager to execute a lease with South Texas Workforce Development Board for approximately 10,552 square feet constituting Building No. 979 located at 4717 Daugherty Avenue at the Laredo International Airport. Lease term is for one (1) year commencing on September 1, 2000 and ending on August 31, 2001. Lease may be terminated by either party upon giving a thirty (30) day written notice. Current monthly rent is $4,382.90. New monthly rent shall be $4, 525.00. (City Council)

Motion to adopt Ordinance 2000-O-265.

Moved: Cm. Galo

Second: Cm. E. Valdez, Jr.

For: 8 Against: 0 Abstain: 0

2000-O-266 An ordinance authorizing the City Manager to execute a Foreign-Trade Zone Operators Agreement with Nippon Express USA, Inc. to operate an approximately 10,000 square foot facility within Foreign-Trade Zone No. 94 - Site 3 located at the Killam Industrial Park for a term of one (1) year, with two-one year renewal options ending on October 31, 2003. The Foreign-Trade Zone Board in Washington, D.C. has approved this site. (City Council)

Motion to adopt Ordinance 2000-O-266.

Moved: Cm. Galo

Second: Cm. E. Valdez, Jr.

For: 8 Against: 0 Abstain: 0

2000-O-267 An ordinance authorizing the City Manager to execute a lease with Aero JBR for approximately 400 square feet constituting Building No. 125 located at 4619 Maher Avenue at the Laredo International Airport. Lease term is for one (1) year commencing on October 1, 2000 and ending on September 30, 2001 and may be extended for two (2) terms of one (1) year each ending on September 30, 2002 and September 30, 2003. Monthly rent shall be $500.00 and will be adjusted annually during the primary and extension terms of this lease according to changes in the Consumer Price Index. (City Council)

Motion to adopt Ordinance 2000-O-267.

Moved: Cm. Galo

Second: Cm. E. Valdez, Jr.

For: 8 Against: 0 Abstain: 0

2000-O-268 Amending Ordinance No. 2000-O-181 in order to reflect that Spigel Properties is the actual Lessee as the assignee of Riverdrive Mall, Inc. under the lease agreement between the City of Laredo and Riverdrive Mall, Inc., for two blocks of Vega Land adjacent to the Rio Grande River, for use as a parking lot located upon blocks number 08, and 08A, situated in the western division, City of Laredo, Webb County, Texas. (City Council)

Motion to adopt Ordinance 2000-O-268.

Moved: Cm. Galo

Second: Cm. E. Valdez, Jr.

For: 8 Against: 0 Abstain: 0

2000-O-269 Amending Ordinance No. 2000-O-182 in order to reflect that Spigel Properties is the actual lessee as the assignee of Riverdrive Mall, Inc. under the lease agreement between the City of Laredo and Riverdrive Mall, Inc., for two blocks number "X" & "Y", situated in the western division, Laredo, Webb County, Texas. (City Council)

Motion to adopt Ordinance 2000-O-269.

Moved: Cm. Galo