CITY OF LAREDO

CITY COUNCIL MEETING

A-2006-R-23

CITY COUNCIL CHAMBERS

1110 HOUSTON STREET

LAREDO, TEXAS 78040

DECEMBER 4, 2006

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 August 14, 2006 and August 17, 2006.

 

V.                 COMMUNICATIONS AND RECOGNITIONS

 

Announcements

 

Invitations

 

Recognitions

 

Communiqués

 

Citizen comments

Citizens are required to fill out a witness card and identify themselves at the microphone.  Comments should be relevant to City business and delivered in a professional manner.  No derogatory remarks will be permitted.  There is a time limit of three minutes per speaker.

 

VI.               APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES

a.      Appointment by Mayor Raul G. Salinas of Al Chapa to the Health Blue Ribbon Committee.

b.      Appointment by Council Member Juan Chavez of Cristobal Rodriguez to the Planning and Zoning Commission.

 

VII.             PUBLIC HEARINGS

 

1.          Individual public hearings for the voluntary annexation of seven (7) tracts of land

Tract 1: U.I.S.D. Tract– 33.19 acres, more or less;

Tract 2: Tanquecitos Tract– 52.94 acres, more or less;

Tract 3: Alarcon Tract – 1.85 acres, more or less;

Tract 4: Hurd Tract – 21.09 acres, more or less;

Tract 5: 4 V Holding Tract – 44.53 acres, more or less;

Tract 6: Key Energy Tract – 2.45 acres, more or less;

Tract 7: Gutierrez/Izaguirre Tract – 7.71 acres, more or less), for a total of 163.76 acres, more or less, as described in the attached tract summaries, as required by Section 43.063 of the Texas Local Government Code.

 

2.          Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by rezoning of 20.29 acres, as further described by metes and bounds in attached Exhibit “A”, located on the north side of future Riverbank Drive, west of Atlanta Drive, from AG (Agricultural District) and R-1A (Single-family Reduced Area District) to R-2 (Multi-Family Residential District).  The Planning and Zoning Commission recommended approval of the zone change.  (District VII)

 

3.          Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lots 1, 2, 3, 11 and 12, Block 849, Western Division, located at 3220 San Bernardo Avenue, from B-1 (Limited Commercial District) and B-3 (Community Business District) to B-4 (Highway Commercial District).   The Planning and Zoning Commission recommended denial of the zone change.    (District VIII)

 

4.          Public hearing and introductory ordinance amending the City of Laredo FY 2006-2007 Annual Budget by appropriating revenues and expenditures in the amount of $2,000,000.00 respectively.  The revenues are from lease purchase proceeds related to financing of a new information management system for the Laredo Police and Fire Departments. 

 

5.          Public hearing and introductory ordinance approving an agreement with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in the amount of $28,500.00 and amending the FY 2006-2007 City of Laredo Annual Budget by $28,500.00.  The agreement’s purpose is to reimburse cost for overtime and fringe benefits incurred by the Laredo Police Department in providing resources to the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) task force. The term of this agreement is from October 1, 2006 through September 30, 2007

 

6.          Public hearing and introductory ordinance amending the City of Laredo FY 2006-2007 annual budget by appropriating   revenues and expenditures in the amount $32,400.00 from the City of Laredo Utilities Department for Texas Commission on Environmental Quality (TCEQ) bacteriological required testing of public drinking water supply to be done by the City of Laredo Health Department, Laboratory Services, for the period beginning October 1, 2006 through September 30, 2007.

 

7.          Public hearing and introductory ordinance amending the City of Laredo FY 2006-2007 annual budget by appropriating   revenues and expenditures in the amount $25,000.00 from the University of Texas Health Science Center at San Antonio for the South Texas Family AIDS Network grant award to the City of Laredo Health Department, to include a .27 full-time equivalent position transferred from Account 226-6403 to this grant for the period beginning August 1, 2006 through July 31, 2007.   

 

8.          Public hearing and introductory ordinance amending the City of Laredo Fiscal Year 2006-2007 Annual Budget approved for $250,000.00 by reducing $43,000.00 to reflect the actual amount base year award of $200,000.00 agreed between the County of Webb and the City of Laredo, for the period from October 1, 2005 to September 30, 2009.  This fiscal year $7,000.00 funds will be included to cover the Cost of Living Adjustment (COLA) as specified on the Interlocal Agreement for the period from October 1, 2006 through September 30, 2007, for a total amount award of $207,000.00 this fiscal year for locally supported public health services to residents of Webb County, including approved full time equivalent positions.

 

9.          Public hearing and introductory ordinance accepting a grant in the amount of $25,000.00 from the Texas Department of Transportation for enforcement of Impaired Driver Mobilization and amending the City of Laredo’s’ FY 2006-2007 Annual Budget in the amount of $25,000.00.  This grant is for overtime salaries, including fringe benefits, and is funded 100% by the Texas Department of Transportation for a full year.

 

10.      Public hearing and introductory ordinance authorizing and allowing, under the Act of Governing the Texas Municipal Retirement System, “Updated Service Credits” in said system for service performed by qualifying members of such system who presently are in the employment of the City of Laredo; providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the City; and establishing an effective date for such actions.

 

11.      Public hearing and introductory ordinance amending the City of Laredo FY 2006-2007 approved Full Time Equivalent positions (FTE’s) for General Fund by creating eleven (11) Patrol Officer Cadets to staff the Police substation at Cielito Lindo. Funding is available in General Fund. Contingent upon approval of Motion #40.

 

(Recess)

(Press Availability)

 

VIII.           INTRODUCTORY ORDINANCES

 

12.      Authorizing the City Manager to execute a lease with Khaledi Bridge of the Americas Ltd, for the lease of premises located at the corner of Convent and Water Street of approximately 22,779 square feet of unfinished retail space of the Bridge of the Americas Project, copy of which is attached as Exhibit A.  Lease shall be for a term of twenty (20) years from date of beneficial occupancy.  Annual Rent shall consist of three separate categories of rent payments: (a) Minimum Annual Rent, (b) Percentage Rent and (c) Non-Retail Space Rent.

 

13.      Authorizing the City Manager to execute a lease with Webb County for approximately 1,000 square feet constituting Building No. S-3 located at 1703 Sandman Street at the Laredo International Airport.  Lease term is for one (1) year commencing on May 1, 2006 and ending on April 30, 2007 and may be extended for two (2) terms of one (1) year each ending on April 30, 2008 and April 30, 2009.  However, it is agreed by the parties that the lease may be terminated by either party upon giving a ninety (90) day written notice from the party terminating to the other.  Monthly rent shall be $500.00 and will be adjusted annually according to changes in the Consumer Price Index; providing for an effective date.

 

14.      Authorizing the City Manager to execute a lease with the Washington’s Birthday Celebration Association, Inc., (WBCA) for approximately fifteen (15.0) acres of concrete ramp located on the southwest cargo ramp of the Air Operations Area to include City owned vacant non-aeronautical use land located at the Laredo International Airport for event parking use.  Lease term is for two (2) days commencing on February 10, 2007 and ending on February 11, 2007.  City Council finds and declares that a valid public purpose would be served in setting the daily rental fee at $1.00; providing for an effective date.

 

IX.               FINAL READING OF ORDINANCES 

 

15.       

2006-O-303      Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning 7.37 acres, as further described by metes and bounds in attached Exhibit “A”, located at 10 E. Del Mar Boulevard, from R-1 (Single Family Residential District) to B-1 (Limited Commercial District); providing for publication and an effective date.

 

2006-O-304      Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning 11.25 acres, as further described by metes and bounds in attached Exhibit “A”, located 10 East Del Mar Boulevard, from R-1 (Single-Family Residential District) to B-3 (Community Business District); providing for publication and an effective date.  

 

2006-O-305      Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lots 1 thru 7, Block 1, Del Mar Hills Subdivision, Section 1, Area “B”, located at 10 E. Del Mar Boulevard, from R-1 (Single Family Residential District) to B-1 (Limited Commercial District); providing for publication and an effective date. 

 

2006-O-306      Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lots 5, 6, 7 and 8, Block 1493, Eastern Division and 8,073.49 sq. ft. out of the Chihuahua Street right-of-way, located at 2520 Chihuahua Street, from B-1 (Limited Commercial District) to B-3 (Community Business District); providing for publication and an effective date.

 

2006-O-307      Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lots 7 and 8, Block 1574, Eastern Division, located at 2606 Ross Street, from R-2 (Multi-Family Residential District) to B-3 (Community Business District).   

 

2006-O-308      Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lot 7 and the north 9 feet of Lot 8, Block 905, Western Division, located at 3520 Juarez Avenue, from B-1 (Limited Commercial District) to R-3 (Mixed Residential District). 

 

2006-O-309      Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lots 5 and 6, Block 990, Eastern Division, located at 1820 Chihuahua Street, from R-O (Residential/Office District) to B-3 (Community Business District). 

 

2006-O-310      Amending the Zoning Ordinance (Map) of the City of Laredo by authorizing a Conditional Use Permit for a child daycare on Lot 9, Block 2, Town East Subdivision Phase I, located at 3417 West Fiesta Loop.  

 

2006-O-311      Amending the Zoning Ordinance (Map) of the City of Laredo by authorizing a Special Use Permit for mini storage/warehousing, on Lots 1, 2, 3, 4, 5, 6, 7 and 8, Block 1068, Eastern Division, located at 1320 South Meadow Avenue. 

 

2006-O-312      Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning 0.85 acres, as further described by metes and bounds in attached Exhibit “A”, located at the east termination of Havanna and Imperial Drives, from AG (Agricultural District) to R-1A (Single-Family Reduced Area District). 

 

2006-O-313      Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning 9.89 acres, as further described by metes and bounds in attached Exhibit “A”, located on the west side of Bob Bullock Loop north of Winfield Parkway , from AG (Agricultural District) to B-1 (Limited Commercial District).  

 

2006-O-315      Authorizing the City Manager to implement a south bound pedestrian toll free crossing for the week of December 18, 2006 through December 24, 2006.

 

2006-O-317      Amending the City of Laredo Fiscal Year 2006-2007 annual budget by appropriating expenditures in the amount of $252,589.00 in the Laredo Police Department Trust Fund.  Funding will be used to purchase operational materials and supplies and capital outlay equipment.  Items include surveillance equipment, tactical entry equipment, and other needed items.  Funding is available in the Police Trust Fund opening balance.

 

2006-O-318      Authorizing the City Manager to execute a Lessor’s consent to an assignment of lease from Gateway Rent-a-Car, LLC (seller/assignor) to Border Rent A Car, LLC, for that certain lease dated August 28, 2006, between the City of Laredo and Gateway Rent-a-Car, LLC, approximately 171 square feet of office and counter space located in car rental space #4 within the airport passenger terminal and 17 parking spaces located within the ready return parking lot located at 5210 Bob Bullock Loop at the Laredo International Airport; providing for an effective date. 

 

2006-O-319      Closing as public easement a triangular section of Blaine Street between Smith and Ejido Avenues, situated in the Eastern Division, City of Laredo, County of Webb, Texas, as shown in Exhibit “A”, and providing for an effective date.

 

2006-O-320      Authorizing the City Manager to execute an assignment of leasehold interest from Labata Service, Inc., approved by Ordinance No. 2001-O-024 dated January 16, 2001, for a vehicular parking lot located at 5003 Maher Avenue at the Laredo International Airport to Aero Center, Inc., and amending Section 1.02, Term, by adding an early termination clause that effectively terminates the lease agreement without notice from Lessor effective the date Lessee’s sublease of Hangar No. 162 expires, providing for an effective date.

 

2006-O-321      Authorizing the City Manager to execute an assignment of leasehold interest from Labata Services, Inc., approved by Ordinance No. 2003-O-091 dated April 7, 2003, for approximately 12,000 square feet constituting the west section of Hangar No. 1309 located at the International Airport to Aero Center, Inc., providing for an effective date.

 

2006-O-322      Amending ordinance 2006-O-205 dated August 28, 2006 which provided for the  submission of 81 proposed amendments  to the Charter of the City of Laredo to the voters on Tuesday, November 7, 2006, in order to correct a clerical error in  setting forth the change proposed for section 10.01 (a)of the charter, to harmonize it with the answer to that proposed change which the voters made on related proposition no. 55 on which they voted favorably on November 7, 2006

 


 

X.                 RESOLUTIONS

 

16.      2006-R-111     Authorizing the City Manager to execute an Interlocal Agreement between the County of Zapata for the daily disposal of garbage at the City of Laredo’s landfill site at a reduced rate of thirty ($30.00) dollars per ton for a twelve (12) month term, effective January 1, 2007.

 

17.      2006-R-112     Authorizing the City Manager to execute an Interlocal Agreement between the County of Jim Hogg for the daily disposal of garbage at the City of Laredo’s landfill site at a reduced rate of thirty ($30.00) dollars per ton for a twelve (12) month term, effective January 1, 2007.

 

18.      2006-R-113     Authorizing and approving a Tax Abatement Agreement between the City of Laredo and Kohl’s Texas, L.P. in accordance with authorized guidelines and criteria and established reinvestment zone.  This agreement will be for a five (5) year period and will abate taxes on new improvements for the purpose of economic development and the creation of jobs.  The amount of taxes abated depends on the number of jobs created and the amount of investment.  The guidelines and criteria for the agreement are set forth in the attached agreement and attachments.

 

19.      2006-R-114     Authorizing and approving a Tax Abatement Agreement between the City of Laredo and Laredo Specialty Hospital, L.P. in accordance with authorized guidelines and criteria and established reinvestment zone.  This agreement will be for a five (5) year period and will abate taxes on new improvements for the purpose of economic development and the creation of jobs.  The amount of taxes abated depends on the number of jobs created and the amount of investment.  The guidelines and criteria for the agreement are set forth in the attached agreement and attachments.

 

20.      2006-R-115     Authorizing the City Manager to execute a contract and accept a grant for abstinence education with the Department of Health Services in an amount not to exceed $92,910.00 and $70,000.00 in-kind from the Laredo Independent School District for a total of $162,910.00 for the Abstinence Education Program of the City of Laredo Health Department beginning October 1, 2006 through September 30, 2007.

 

21.      2006-R-116 A resolution expressing official intent to reimburse Capital Improvement Fund the cost of $50,000.00 associated with a speed hump project for City Council District 1 and acquisition of school flasher equipment.  Upon the sale of a proposed Certificate of Obligation Bond, the Capital Improvement Project Fund will be reimbursed for any cost associated with the previously mentioned projects.


 

XI.               MOTIONS

 

22.      Recommending the setting of regular City Council meeting dates through March 2007 due to holidays and/or conferences.  The meeting dates will be Tuesday, January 2, 2007, Tuesday, January 16, 2007, Monday, February 5, 2007, Tuesday, February 20, 2007, Tuesday, Monday, March 12, 2007 and March 29, 2007.

 

23.      Amending the City of Laredo Priority Procedures manual for the Mayor and City Council, specifically the section entitled Priority II, item IV. Agenda by:

1.      deleting announcements and invitations

2.      adjusting the order of Council Communications and Discussions to be listed immediately after the Public Comments section of the agenda.

 

24.      Refund of property tax in the amount of $554.76 to the following tax payers and companies:

A.  A refund in the amount of $554.76 payable to Villa de Cantera H.O.A. due to an erroneous payment.  Account# 989-20001-345.

 

25.      Consideration to award annual service contract number FY07-035 to the sole bidder, Rafter P.Transport, Inc., New Braunfels, Texas in an estimated amount of $60,000.00 to load and haul dry sludge from the Jefferson Water Treatment Plant to the City of Laredo landfill.  The bid is based on a cost per cubic yard rate.  Funding is available in Utilities Department-Water Treatment Division budget.

 

26.      Consideration to award contract number FY07-027 to the low bidder, RM Personnel, Inc., Laredo, Texas, in the estimated annual amount of $256,755.60 for providing contract employees for the Laredo International Airport Department.  Temporary contract employees have been requested for dispatchers and customer service agent positions.  The term of this contract will be for one year with an option to extend for one additional year.  Funding is available in the Airport Fund.

 

27.      Consideration to award contract number FY07-031 to the low bidder, Cantu Electric, Inc., Laredo, Texas in the estimated amount of $27,961.71 for the replacement of existing electrical panels and the rewiring of existing conduits for the City of Laredo International Airport.  The dollar amount takes into account all labor, material and equipment required to accomplish the project.  Funding is available in the Airport Department’s budget.

 

28.      Consideration to approve a contract with Internetwork Experts (INX), Inc., Austin, Texas in the total amount of $27,760.66 through the State of Texas Department of Information Resources (DIR) cooperative purchasing contracts for providing a software and hardware maintenance contract for the City’s institutional network’s CISCO routing equipment.  Funding is available in the Information Technology and Support Services Department’s budget.

 

29.      Consideration for approval of the Plans and Specifications for Phase IV of the City of Laredo Residential Sound Insulation Program, as part of the Federal Aviation Regulation Part 150 Noise Compatibility Program; and authorization to advertise for bids for said plans and specifications. The program is funded through the Airport Construction Fund, Grant #47 for Noise Abatement.

 

30.      Consideration for approval to award a construction contract to the lowest bidder ALC Construction, LLC., Laredo, Texas, in the bid amount of $79,285.00 for the CDBG Sidewalks City-Wide Project No. 33 (15 Blocks).  Funding is available in the Sidewalks Project No. 33/District VII and District V.  

 

31.      Consideration for approval to award a construction contract to the lowest qualified bidder Zertuche Construction Company, Laredo, Texas, in the bid amount of $330,550.00 for the Police Substation for Fire Station No. 14 at Cielito Lindo Blvd.  Funding is available in the 2006 CO Issue.  

 

32.      Consideration for approval to award a construction contract to the lowest bidder Jimmy Closner and Sons Construction Company, Mercedes, Texas, in the bid amount of $572,797.51 for the Maryland/Taylor Straightening, Widening, Street and Drainage Improvement Project.  Funding is available in the 2005 CO Bond.   

 

33.      Consideration for approval of the list of streets for the FY 2006-2007 Street Recycling Project and approval to bid the project.  The projects budget includes approximately 20 blocks per District as provided in the list attached.  Funding is available in the General Fund and Capital Improvement Fund.

 

34.      Consideration for approval of change order no. 3 a decrease of $21,737.00 for the balance of quantities actually constructed in place, acceptance of the Laredo International Bridge II Widening and approval final payment in the amount of $65,903.70 to Rhino Builders, Ltd., Laredo, Texas.  Final contract amount is $734,683.75.  Funding is available in the Bridge System Fund.

 

35.      Motion to authorize the City Manager to execute seventeen (17) Hotel/Motel Tax Fund third party contracts for the fiscal year 2006-2007 for a total of $455,000.00.  The contracts are listed in Attachment “A”.

 

36.      Motion to authorize the City Manager to execute twenty six (26) General Fund third party contracts for the fiscal year 2006-2007 for a total of $341,000.00.  The contracts are listed on attachment “A”.

 

37.      Consideration to exercise the renewal option for contract FY03-025 awarded to National Reimbursement Services, Inc. (NRS), Houston, Texas for providing billing services for the Fire Department’s Emergency Medical Services (EMS) operation. NRS will be responsible for obtaining reimbursement for services provided by our EMS division utilizing their expertise in dealing with Medicare and private insurance companies. The original term of this contract was for a three-year period with options to renew for three additional one-year terms. Staff is requesting authorization to exercising the renew option for the first of the three additional year terms. NRS will charge the City 10% of all collections received as a result of their billing activities. It is anticipated that with the services provided by NRS the City’s collection rate will increase by approximately twenty percent.   In addition, they are required to provide, at no cost to the City, new and specialized computer equipment for each ambulance crew with docking stations for these computers at the Fire Stations and at both hospitals.

 

38.      Consideration of possible sources of funding for financing legislative events held in Austin, Texas and Washington, D.C.

 

39.      Consideration to award contract FY07-034 to Data 911, in the total amount of $321,733.00 for the purchase of forty seven (47) mobile data terminals (MDT) and related communication equipment.  The data terminals will be installed on the fire trucks, ambulances, and support vehicles.  Funding is secured from a Homeland Security Grant.

 

40.      Authorizing the City Manager to amend ordinance no. 2001-O-050 and increase alarm permit fees for burglar alarm notification capable of being emitted from each alarm specific site from $15.00 to $30.00 and fire, robbery and medical alert alarm notification capable of being emitted from each alarm specific site from $15.00 to $20.00. These revenues will partially cover the estimated cost of 11 cadets for the Police Department for FY 06-07.

 

XII.             GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS

 

41.       

a.       

A.                 Request by Mayor Raul G. Salinas

1.           Discussion with possible action on creating a committee to address substance and drug abuse issues in the city and for the City Council to participate by appointing the members of the group.

 

B.                 Request by Council Member Mike Garza

1.           Drug and Alcohol testing for all employees.

 

C.                Request by Council Member Hector J. Garcia

1.           Discussion with possible action on the installation of speed humps on the 2800 and 3800 blocks of Arriaga Street and appropriating funds from District II discretionary funds.  

 

2.           Discussion with possible action on eliminating all committees consisting of City Council members.  

D.                Request by Council Member Johnny Rendon

1.           Discussion with possible action on the extension of Bartlett from Sandman to Jacaman.

2.           Discussion with possible action on enhancing customer service of all City departments.

 

E.                 Request by Council Member Gene Belmares

1.           Discussion with possible action on creating an ordinance requiring fences around all swimming pools.

 

F.                 Request by Mayor Pro-Tempore Juan Ramirez

1.           Discussion with possible action on adding the word retirees to the language of the Utilities billing ordinance and policy allowing disabled and elderly to adjust their utility billing due date.

2.           Discussion with possible action on donating $1,000.00 from the promotional fund to the American Legion Post 59 for their Color Guard.

3.           Discussion with possible action on placing a tree at the Civic Center to serve as a Christmas tree during the holidays.

 

XIII.           STAFF REPORTS

 

42.       

A.     Status report on amending the Smoking Ordinance.

 

B.     Presentation by Mr. Rey Ayala, Chair, Third Party Funding Advisory Committee, with discussion and possible action regarding Third Party Funding for FY 2006-2007.

 

XIV.         EXECUTIVE SESSION

The City Council hereby reserves the right to go into executive session at any time during this public meeting, if such is requested by the City Attorney or other legal counsel for the City, pursuant to his or her duty under Section 551.071(2) of the Government Code, to consult privately with his or her client on an item on the agenda, or on a matter arising out of such item.

           

XV.           ADJOURNMENT

This notice was posted at the Municipal Government Offices, 1110 Houston Street, Laredo, Texas, at a place convenient and readily accessible to the public at all times. Said notice was posted on Wednesday, November 29, 2006 at 8:00 p.m.

                                                                       

 

                                                                        Gustavo Guevara, Jr.

                                                                        City Secretary