CITY OF LAREDO

CITY COUNCIL MEETING

A-2007-R-12

CITY COUNCIL CHAMBERS

1110 HOUSTON STREET

LAREDO, TEXAS 78040

JUNE 18, 2007

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 February 5, 2007, February 20, 2007 and February 26, 2007.

 

V.                 COMMUNICATIONS AND RECOGNITIONS

 

Recognitions

 

a.      Recognizing Jonathon Edward Leyendecker, a former Alexander High School student, for earning the All American honors in a National Golf Tournament which was held in Fishers, Indiana. 

 

b.      Recognition of Odie Arambula, of the Laredo Morning Times for being an outstanding journalist and for his contributions to public service.

 

c.      Recognition of Gerardo Rodriguez, of the Parks and Recreation Department on his selection as June 2007 employee of the month.

 

Communiqués

 

a.      Invitation from Miss Laredo Lynn Marie Williams and Miss Laredo Teen Lauren Nicole Guzman to the Miss Texas USA® Final Pageant Show scheduled at the Laredo Entertainment Center on July 1, 2007 at 8:00 p.m.

 

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

 

VII.             GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS

 

1.           

A.                 Request by Council Member Mike Garza

 

1.           Discussion with possible action regarding the practice or policy of hiring of personnel with criminal history.

 

2.           Discussion with possible action to provide assistance to the Webb County Medical Examiner’s Office.

 

3.           Report from the Police Department on the usage of BB/Airsoft guns within the city limits, with possible action.

 

B.                 Request by Council Member Juan Ramirez

 

1.           Discussion with possible action to convert two (2) out of the existing (4) meters located at the 200 Block of Flores Street on the west side to be designated as Reserved Parking spaces to be used by citizens paying their delinquent city taxes.

 

2.           Discussion with possible action regarding the parking on sidewalk violations and the number of citations issued by Police Officers city wide.  (Co-sponsored by Mayor Raul G. Salinas)

 

VIII.           PUBLIC HEARINGS

 

2.          Public hearing and introductory ordinance amending the City of Laredo Fiscal Year 2006-2007 Annual Budget of the Fire Department Emergency Medical Services Division (EMS) by accepting a donation of $2,000.00 from Wal-Mart Stores, $250.00 from the  Laredo National Bank, $200.00 from Dr. Joe Castellano, $150.00 from GNC Stores, $100.00 from House Calls Home Health, and $885.00 from the International Bank of Commerce and therein appropriating said funds for the purchase of educational promotional materials utilized for the 1st Annual Youth Bike Rodeo held on June 2, 2007 for the Laredo Fire Department EMS Division.  These donations were provided from local businesses who wanted to promote health and safety awareness for local youth.

 

3.          Public hearing and introductory ordinance amending the City of Laredo Fiscal Year 2006-2007 Annual Budget by appropriating revenues and expenditures in the amount of $70,000.00 in funds from the Texas Commission on Environmental Quality (TCEQ) to operate and maintain three continuous air monitoring stations (CAMS) by the City of Laredo Health Department for the term period beginning September 1, 2007 through August 31, 2008.

 

4.          Public hearing and introductory ordinance amending the City of Laredo Fiscal Year 2006-2007 Annual Budget by appropriating revenues and expenditures in the amount of $504,334.00.  The revenues are from lease purchase proceeds related to the financing of twenty-five (25) unmarked police patrol units for the Laredo Police Department as approved by Resolution 2007-R-043 on June 4, 2007.

 

5.          Public hearing and introductory ordinance authorizing the City Manager to accept a contribution from N.W. House, Inc., in the amount of $14,500.00 and to amend the City of Laredo Fiscal Year 2006-2007 Budget by appropriating revenues and expenditures in the General Fund and transferring out by appropriating revenues in the same amount in the Capital Improvement Projects Fund for improvements of the Robert Muller Park located in the Indian Sunset Subdivision.

 

6.          Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lot 1, Block 1, Inscorp Plat, located at 5904 San Bernardo Avenue, from B-3 (Community Business District) to B-4 (Highway Commercial District).  The Planning & Zoning Commission recommended approval of the zone change.  The proposed use is commercial.  District VII

 

7.          Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by rezoning 2.01 acres, as further described by metes and bounds in attached Exhibit “A”, located east of Interstate Highway 35 and North of Shiloh Drive, from R-1 (Single-Family Residential District) to B-3 (Community Business District).  The Planning & Zoning Commission recommended approval of the zone change.  The proposed use is multi-family, townhouse/condominium development.  District VI 

 

8.          Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lot 1A and 2A, Metex Plaza, located at 4610 San Bernardo Avenue, from B-3 (Community Business District) to B-4 (Highway Commercial District).  The Planning & Zoning Commission recommended approval of the zone change.  The proposed use is for an amusement redemption machine establishment.  District VII

 

9.          Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lot 32, Block 5, Chaparral Village Subdivision, Unit IIA, located at 519 E. Calton Road, from B-1 (Limited Commercial District) to B-3 (Community Business District).  The Planning & Zoning Commission recommended approval of the zone change.  The proposed use is for a ceramic tile showroom.  District V

 

10.      Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by rezoning 29.27 acres, as further described by metes and bounds in attached Exhibit “A”, located at 4500 Avenida Los Presidentes, from AG (Agricultural District) to R-1A (Single-Family Reduced Area District).  The Planning & Zoning Commission recommended approval of the zone change.  The proposed use is for single-family residential.  District I

 

11.      Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lots 1, 2 and 2 acres out of Lot 3, as further described by metes and bounds in attached Exhibit "A", located at 8002, 8006 and 8010 River Bank Drive, from R-2 (Multi-Family Residential District) to B-1 (Limited Commercial District).  The Planning & Zoning Commission recommended approval of the zone change.  The proposed is for commercial use.  District VII 

 

12.      Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by rezoning the West 53 feet of Lot 1, Block 821, Western Division, located at 3119 Santa Maria Avenue, from B-1 (Limited Commercial District) to B-3 (Community Business District).  The Planning & Zoning Commission recommended denial of the zone change.  The proposed use is for a car lot.  District VIII

 

13.      Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lot 7, Block 6, Moonlight Subdivision, located at 2101 Puscas Court, from R-1A (Single Family Reduced Area District) to B-1 (Limited Commercial District).  The Planning & Zoning Commission recommended denial of the zone change.  The proposed use is for a parking lot.  District I

 

14.      Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by rezoning .72 acres, as further described by metes and bounds in attached Exhibit “A”, located at 18211 F.M. 1472, from AG (Agricultural District) to B-4 (Highway Commercial District).  The Planning & Zoning Commission recommended denial of the zone change.  The proposed use is for truck services.  District VII  

                                              

(Recess)

(Press Availability)

 

IX.               INTRODUCTORY ORDINANCES

 

15.      Authorizing the City Manager to convey the 3,858.36 square feet of land as described in Exhibit “A” out of former Malinche Avenue between Pecan and Santa Clara Streets to Raul Peña and Omar Gabriel Peña for $8,680.00; and partially amending Ordinance No. 94-O-050, on the same subject to reflect that the grantee herein, rather than being Juan Manuel Zapata, are the present abutting owners, Raul Peña and Omar Gabriel Peña; and providing for an effective date.

 

16.      Amending Chapter 19, Motor Vehicles and Traffic, Article II Administration & Enforcement, Division 2, Transportation and Traffic Safety Advisory Committee, Section 19-51.  Duty, Function of the Code of Ordinances of the functions and duties of the Transportation and Traffic Safety Advisory Committee providing for an effective date and publication. 

 

17.      An ordinance amending Chapter 30 (Taxation) Section 4 (Credit Card Processing Fee) of the City of Laredo Code of Ordinance clarifying conditions under which a credit card payment convenience fee will apply and amending the fee from 1.8% to 3% of the transaction amount, thus assessing a fee which is in line with the other taxing units.

 

18.      Extending the contract with the Texas Health and Human Services Commission for the Children’s Health Insurance Program (CHIP) Outreach extending the grant period through April 30, 2007 and authorizing the City Manager to execute said contract.

 

 

X.                 FINAL READING OF ORDINANCES 

 

19.       

                                        2007-O-98      Amending the City of Laredo Fiscal Year 2006-2007 Convention and Visitors Bureau Budget by appropriating revenues and expenditures in the amount of $54,000.00 for the All America City Award Program and accepting the donations from various businesses and/or agencies that will help defray the cost of the competition.  (As amended)

 

                                        2007-O-99      Amending the City of Laredo Fiscal Year 2006-2007 annual budget by reducing the amount by $2,515.00, to reflect the actual amount awarded of $165,085.00, as per federal mandate to the Texas Department of State Health Services funding to the Tuberculosis Prevention & Control Federal Project of the City of Laredo Health Department for the period beginning January 1, 2007 through December 31, 2007.

 

                                    2007-O-100      Amending the Fiscal Year 2006-2007 budget by allocating the Utility Late Fees and appropriating revenues and expenses in the amount of $90,000.00 to the Utility Billing Division provided by projected increases in the Utility Late Fees.  The funds will be used in the Bank Service Fees line item to pay for the increased costs of fees for credit card payments made by the Utilities’ customers. 

 

                                    2007-O-101      Amending the City of Laredo Fiscal Year 2006-2007 Colonias Project, Wastewater and Water Annual Budgets by appropriating revenues and expenditures in the amount of $277,357.00 from the Water & Wastewater Fund and appropriating the transfer in and expenditure in the amount of $277,357.00 for the Colonias Project Fund.

 

                                    2007-O-102      Amending the City of Laredo fiscal year 2007 Waterworks and Sewer System Operating Funds and 2007 Waterworks and Sewer Revenue Bond Fund budgets by appropriating a draw down of $334,800.00 and $1,319,000.00 respectively from the opening balance and appropriating it for Machinery and Equipment acquisition.  The Operating Funds will be reimbursed from the proceeds of a proposed 2007 Waterworks and Sewer Revenue Bonds.

 

                                    2007-O-103      Amending the City of Laredo fiscal year 2007 Debt Service Fund and 2007 Certificate of Obligation Fund Budgets by appropriating a draw down of $6,000,000.00 from the opening balance and appropriating it for Machinery and Equipment acquisition.  Debt Service Fund will be reimbursed from the proceeds of a proposed 2007 Certificate of Obligation Bond.

 

                                    2007-O-104      Amending the City of Laredo fiscal year 2007 Solid Waste Operating Fund and 2007 Solid Waste Revenue Bond Fund Budgets by appropriating a draw down of $2,814,720.00 from the opening balance and appropriating it for Machinery and Equipment acquisition. Solid Waste Operating Fund will be reimbursed from the proceeds of a proposed 2007 Solid Waste Revenue Bond.

 

                                    2007-O-105      Amending the City of Laredo FY 2006-2007 approved Full Time Equivalent (FTE) Positions for the Utilities Department by creating five (5) Water Conservation Inspectors under the Water Conservation Program for a total estimated salary expense of $55,364.71.  Funds are available in the Water Availability Fund.

 

                                    2007-O-106      Accepting a grant and amending the City of Laredo Fiscal Year 2006-2007 budget by increasing revenues in the amount of $54,445.00 and increasing expenditures in the amount of $57,885.00 to reflect the actual grant amount of $679,130.00 awarded by the Office of the National Drug Control Policy (ONDCP) High Intensity Drug Trafficking Area (HIDTA), at no cost to the City, to fund the Laredo Financial Task Force.  Funds will be used to pay personnel salaries, travel and operational expenses from January 1, 2007 through December 31, 2007.

 

                                    2007-O-107      Accepting a grant awarded and amending the City of Laredo Fiscal Year 2006-2007 Budget by decreasing expenditures in the amount of $828.00 to reflect the actual grant amount of $99,916.00 awarded by the Office of the National Drug Control Policy (ONDCP) High Intensity Drug Trafficking Area (HIDTA), at no cost to the City, to fund the STX Multi-Agency Drug Related Corruption Task Force.  Funds will be used to pay overtime, fringe benefits and operational expenses from January 1, 2007 through December 31, 2007.

 

                                    2007-O-108      Authorizing the City Manager to accept Fiscal Year 2006-2007 Federal Planning Funds (PL112) in the amount of $30,000.00 and amending the City of Laredo 2006-2007 General Fund Budget to match PL112 Budget by increasing revenues by $30,000.00 and expenditures by $30,000.00.  The PL112 funds come from the 2006-2007 approved Unified Planning Work Program (UPWP).

 

XI.               RESOLUTIONS

 

20.      2007-R-049     Authorizing the City Manager to sign a contract with Killam Development, Ltd, a copy of which is attached as Exhibit “D” to this resolution by, which

A.          Killam conveys to the City two parcels described in Exhibits 1 and 2 of Exhibit “A”, which is a copy of the gift deed; and

B.          Killam agrees to contribute the sum of $150,000.00 toward the cost of the widening and traffic signalization project at Winfield/Alexander & Del Mar Boulevard, when the work is done; and

C.         The City agrees to begin the work within two (2) years of date; and

D.         The City agrees to do the work as outlined in Section G of the contract; and

E.          The City will provide street cuts at three (3) locations shown on Exhibit “B” of the contract; and

The City accepts the donation of two parcels for use in the widening and traffic signalization project on Del Mar Boulevard.

 

21.      2007-R-050     Authorizing the City Manager to submit a final grant application to the U.S. Environmental Protection Agency (EPA) Community Action for a Renewed Environment (CARE) Cooperative Agreement for FY 2007-2008. The funding from this grant will provide a sustainable benefit to the health and the environment of the community. 

 

 

XII.             MOTIONS

 

22.      Authorizing the City Manager to (1) terminate the City’s 2005 Emergency Shelter Grant (ESG) contract with Sacred Heart Children’s Home for $33,807.65 in un-expensed funds; (2) award $15,630.00 of the 2005 ESG funds to Casa de Misericordia for the operation of its shelter; and (3) award $18,177.65 to the Laredo Homeless Coalition for operation of the Guadalupe and Lilia Martinez Resource Center.

 

23.      Consideration to award contract 07-110 to A-1 Dry Cleaners, Laredo, TX in the estimated annual amount of $57,720.00 for laundry dry cleaning services for uniformed police officers for a term of one year with an option to renew for one additional year; and consideration to award contract FY07-109 to Holguin Cleaners, Laredo, TX in the estimated amount of $6,900.00 for providing laundry dry cleaning services for non uniformed police officers for a period of three (3) months.  The City must provide dry cleaning services as a condition of the collective bargaining agreement.  Funding is available in the Police Department budget.

 

24.      Consideration to award a six-month supply contract FY07-100 to the low bidders, Leyendecker Oil Company, Laredo, Texas, in the estimated amount of $59,635.18; and Arguindegui Oil Company, Laredo, Texas, in the estimated amount of $10,516.00, for the purchase of lubricants for the Fleet Maintenance Division.  The bid pricing will be for a six-month period and all items will be purchased on an as needed basis.  Funding is available in the Fleet Maintenance Fund.

 

25.      Consideration to award contract FY07-108 to the lowest bidder, O’Reilly Auto Parts, Laredo, Texas in the estimated annual amount of $25,420.20 for providing automotive batteries for the City’s Fleet. This contract will be for a period of one year. All batteries will be purchased on an as needed basis.  Funding is available in the Fleet Maintenance Budget.

 

26.      Consideration to amend contract FY05-081currently awarded to HD Supply Waterworks, Laredo, Texas in the amount of $31,000.00 for the purchase of water meters for the Utilities Department in order to provide funding for the remainder of the contract term. The proposed amendment would increase the current contract to $143,809.21. Funding is available in the Utilities Department’s Budget.

 

27.      Consideration to approve a (3) three-year professional service contract with First Southwest Asset Management Company to perform the arbitrage rebate compliance services for all of the City’s tax-exempt bond issues.  The fees are $1,800.00 per computation per year.  Funding is available from the interest earnings of each of the respective bond issues.

 

28.      Authorizing the City Manager to grant a Public Fireworks Display Permit at the Laredo Country Club on July 4, 2007 Independence Day at 9:15 p.m.  The technician for the display will be Atlas Enterprises

 

29.      Authorizing the City Manager to grant a Public Fireworks display permit at the Veteran’s Field on July 4th Independence Day at 9:15 p.m., for the Laredo Bronco’s Baseball Celebration.  The technician for the display will be Atlas Enterprises, Inc. Incorporated and is contingent upon approval of a State Permit.

 

30.      Consideration to award contract FY07-126 to the low bidder, Bear Saver, Inc., Ontario, California for the purchase of thirty nine (39) trash containers in the total amount of $25,198.00 for the Solid Waste Department.  These trash containers will be installed in selected downtown streets to beautify and keep the areas clean.  Funding is available in the Solid Waste Fund.

 

31.      Approving monthly adjustments to the tax roll.  The amounts to be adjusted for the month of May 2007, represents an increase of $118,595.37.  These adjustments are determined by Webb County Appraisal District and by court orders.

 

32.      Consideration for approval of change order no.2 an increase of $31,801.00 for additional structure repair (pump flowable concrete fill, core 7 holes and repair 3 existing electrical conduits) and additional dense concrete overlay repair, and to add five (5) working days to the contract time to the construction contract with Restek, Inc., Austin, Texas, for the Laredo Colombia International Bridge Superstructure Rehabilitation.  Current construction contract amount is $535,773.90.  Funding is available in the Laredo Bridge System Fund- Revenue Bond 2005A.

 

33.      Consideration to award a contract to add another qualified book vendor, Unique Books Inc. for library materials collection development for books and audio-visual products for a period of two (2) years.  Funding is available in the Library Department Budget and is subject to future budget appropriations.

 

34.      Ratifying the action taken by the City Manager to authorize the repair of a 20” sewer line at Santa Clara by Ellis & Ellis, Inc., of Laredo, Texas in the amount of $67,500.00 due to an emergency blockage within the sewer collection.  Funding is available in Utilities Department-Sewer Construction Division.

 

35.      Authorizing the City Manager to award a professional engineering contract to CAPEX Consulting Group of Frisco, Texas, in the amount of $37,500.00.  This contract will provide professional services for completing a sewer rate study and financial plan.  Funding is available in the Utilities Department-Sewer Construction Division.

 

36.      Consideration to authorize the City Manager to sell surplus equipment to El Cenizo, La Gloria Development Corporation, a non-profit organization.  Surplus equipment consists of 2 pickup trucks to be sold at a reduced price of salvage value.

 

XIII.           STAFF REPORTS

 

37.       

A.           Presentation by 2006-2007 City of Laredo Employee Leadership Development Program participants on the feasibility of consolidating all city offices under one roof with an emphasis on the old Mercy Hospital building, with possible action.

 

 

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.

 

38.      Request for executive session pursuant to Texas Government Code Section 551.071 (1)(A) to consult with attorney on the pending case of Laredo Town Center, L.P. v. City of Laredo, Cause No. 2007CVQ000972D1 in the 49th District Court, Webb County, Texas; and return to open session for possible action.

 

39.      Discussion of possible appointment and confirmation of a City Attorney pursuant to Section 551.074 of the Texas Government Code; and return to open session for possible action.

 

XV.           RECESS AS THE LAREDO CITY COUNCIL AND CONVENE AS THE LAREDO MASS TRANSIT BOARD

                       

40.      Consideration to award annual supply contracts (FY 07-060) for bus and van fleet parts to the following vendor:  Vehicle Maintenance Programs, Boca Raton, FL., in the estimated amount of $20,884.36.  The Laredo Mass Transit Board approved contracts with various providers at the board meeting of May 7, 2007.  This vendor was inadvertently not listed on the motion as one of the proposed contract vendors.   All bus and fleet parts are purchased on an as needed basis.  Funding is available in the El Metro Operations Fund.

 

XVI.         RECESS AS THE LAREDO MASS TRANSIT AND RECONVENE AND ADJOURN AS THE CITY OF LAREDO

 

XVII.       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, June 13, 2007 at 8:30 p.m.

 

 

                       

 

                                                                        Gustavo Guevara, Jr.

                                                                        City Secretary