CITY OF LAREDO
CITY COUNCIL MEETING
CITY COUNCIL CHAMBERS
1110 HOUSTON STREET
LAREDO, TEXAS 78040
NOVEMBER 19, 2007
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
Approval of the minutes of July 2, 2007, October 30, 2007 and November 5, 2007.
V. COMMUNICATIONS AND RECOGNITIONS
Recognition of Gerardo “Jerry” Piña of the Environmental Services Department on his selection as the November employee of the month.
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. Reaffirming the appointment of Sandra Rocha-Taylor, representing the Avenida San Bernardo Assoc. and the Pan American Courts Hotel, to the Convention and Visitors Bureau Advisory Committee as sponsored by Council Member Juan Chavez, District VII.
B. Reaffirming the appointment of Clema Owen, representing the Embassy Suites, to the Convention and Visitors Bureau Advisory Committee as sponsored by Council Member Juan Ramirez, District VII.
C. Reaffirming the appointment of Lisa Morales, representing the Washington’s Birthday Celebration Association, to the Convention and Visitors Bureau Advisory Committee sponsored by Council Member Hector Garcia, District II.
D. Reaffirming the appointment of Guillermo “Memo” Treviño, representing the Laredo Chamber of Commerce, to the Convention and Visitors Bureau Advisory Committee sponsored by Council Member Mike Garza, District I.
VII. GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS
A. Request by Council Member Mike Garza
1. Status report on the Municipal Golf Course Project and related funding, with possible action.
2. Discussion on the item requested by L.I.S.D. Board of Trustees related to Zapata Hwy., discussed at the November 5th Council Meeting.
3. Discussion with possible action on using the old Mercy Building for assisted housing.
B. Request by Council Member Dr. Michael Landeck
1. Discussion with possible action regarding amendments and possible additions to the redemption machines “maquinitas” or 8-liners ordinance, with all possible changes regarding facilities, operation, fees and any other related issues. (Co-sponsored by Council Member Juan Chavez)
2. Discussion with possible action in order to eliminate from the contract with Poznecki and Camarillo, Inc., the condition not allowing Poznecki et. al., to meet with representatives of the third site i.e. Project 45 or the other DD Hachar Foundation site, and further to meet with interested City Councilmen and any other person or group that City Council may deem necessary for better understanding and possible clarifications related to the selection/recommendation of a site for Bridge 5 as well as related issues.
C. Request by Council Member Johnny Rendon
1. Presentation and possible action on the City of Laredo contracting with Laredo Community College for specific economic development services.
on the storm drainage project in Belmont Plaza
3. Discussion with possible action to provide funding for speed humps on Chaparral Street between Alabama Avenue and Gallagher.
4. Status report on the dome for the basketball court in Eistetter Park.
D. Request by Council Member Juan Ramirez
1. Status report on the Plaza Theater, with possible action.
2. Discussion with possible action on the upcoming expiration date of the contract with First Transit.
3. Discussion with possible action on placing a statue between Santa Ursula Avenue and San Dario Avenue on Matamoros Street on the east side of the Laredo National Bank.
4. Discussion with possible action on placing sidewalks in District VIII at the following locations:
1. 1700 block of San Jorge Avenue (east side)
2. 1800 block of San Jorge Avenue (east side)
3. 2500 block of Salinas Avenue (west side)
4. 2500 block of Juarez Avenue (west side)
5. 2500 block of Davis Avenue (west side)
6. 2600 block of Main Avenue (west side)
7. 1800 block of Constantinople Street (north side)
VIII. PUBLIC HEARINGS
2. Public hearing and introductory ordinance amending Article II, Section 2-16, “Departments of the City,” of the Code of Ordinances of the City of Laredo, Texas, by creating, consolidating and eliminating departments; and providing for severability and an effective date.
3. Public hearing and introductory ordinance amending Chapter 2 Administration Article VI Investment Policy of the Code of Ordinances in order to:
1. Add new Section 2.257 Authorizing Investment Advisors; and
2. Add new Section 2.270 Investment Strategy by Fund Type;
3. Deleting part of renumbered Section 2.258 Authorized Investments, to delete thereform (d) Bankers Notes and (e) Commercial Paper; and
4. Amending and modifying the other sections of Article IV in order to make the article comply with Chapter 2256 of the Government Code known as the Public-Investment Act; and providing for an effective date.
4. Public hearing and introductory ordinance providing for the taxation of goods-in-transit pursuant to Section 11.253 (j) of the Texas Property Tax Code. Goods-in-transit are exempt from taxation, unless the taxing unit provides for the taxation prior to January 1st of the tax year in which the tax is proposed. The goods-in-transit shall remain subject to taxation until this action is rescinded or repealed.
5. Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by authorizing a Conditional Use Permit for an amusement redemption machine establishment on Lots 2A and 2B, Block 1, Bartlett Apartments Subdivision at Jacaman Ranch, located at 6508 N. Bartlett Avenue. The Planning and Zoning Commission recommended approval of the Conditional Use Permit. District V
6. Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by authorizing the Conditional Use Permit for a birthing clinic on Lots 4, 9, and 10, Block 941, Western Division, located at 3712 Santa Ursula Avenue. The Planning and Zoning Commission recommended approval of the Conditional Use Permit. District VII
7. Public hearing and introductory ordinance amending the City of Laredo Code of Ordinances, Chapter 17 Library, Article 1, in General, Section “Fines and Fees for Library Services”, allowing for the addition of a new fee associated with the Laredo Public Library Main Branch becoming a Passport Acceptance Facility; Providing for publication and effective date.
8. Public hearing and introductory ordinance amending Section 903.2.7 of the International Building Code [Adopted as the Building Code of the City under Section 7-1 of Chapter 7 of the Code of Ordinances] in order to provide for deletion of requirement of an automatic sprinkler system for a four (4) Dwelling Unit; providing for publication and effective date.
9. Public hearing and introductory ordinance amending Section 108.3 of the International Building Code [Adopted as the Building Code of the City under Section 7 Chapter 7 of the Code of Ordinances] in order to:
1. Correct a printing error; and
2. Reduce the building permit valuation for utility buildings from $20.40 to $11.00; and providing for an effective date and publication.
10. Amending Chapter 12 [Fire Prevention and Protection] of the Code of Ordinances in the following respects:
1. Amending Section 903.27 of the International Fire Code [Adopted as the Fire Code of the City under Section 12-2 of Chapter 12 of the Code of Ordinances] in order to provide for deletion of the requirement of the requirement of an automatic sprinkler system for a four dwelling unit:
2. Deletion of Section 12-5 [Fire Prevention Code]
3. Deleting Section 12-6 [Life Safety Code 101]
and providing for an effective date and publication.
11. Second (2nd) public hearing for the voluntary annexation of eleven (11) tracts of land:
Tract 1: Ed-Sal Tract – 4.02 acres, more or less;
Tract 2: RRTAIT Tract– 84.77 acres, more or less;
Tract 3: Killam Charco Tract – 88.56 acres, more or less;
Tract 4: Killam Quiote Tract – 194.08 acres, more or less;
Tract 5: AFW Investments II Tract – 105.19 acres, more or less;
Tract 6: H-5 Tract – 59.94 acres, more or less;
Tract 7: A.R. and Alicia Sanchez Tract – 10.85 acres, more or less;
Tract 8: 4V Holdings Tract – 172.13 acres, more or less;
Tract 9: South Webb County Tract – 1330.83 acres, more or less;
Tract 10: Tanquecitos South Acres Tract – 21.60 acres, more or less;
Tract 11: Daughters of Mary Help Tract – 30.00 acres, more or less);
for a total of 2,101.97 acres, more or less, as described in the attached tract summaries, as required by Section 43.063 of the Texas Local Government Code.
IX. INTRODUCTORY ORDINANCES
12. Amending the lease between the City of Laredo & Webb County of Lots 9 & 10, Block 320, Eastern Division, a copy of which amendment is attached as Exhibit A, in which the changes are as follows:
1. Providing for contribution from the City of $300,000.00 towards the cost of constructing the community center for the elderly on the leased premises;
2. Adding a tract of 5,069.85 sq. ft., out of Lexington Avenue between Stewart Street and Reynolds Street, described by metes and bounds and survey attached as Exhibit 3 of Exhibit A and
3. Adding a tract of land of 7,717.28 sq. ft., out of the north half of Lexington Avenue fronting Stewart Street described by metes and bounds and survey attached as Exhibit A; and providing for effective date.
X. FINAL READING OF ORDINANCES
2007-O-232 Amending the City of Laredo Fiscal Year 2007-2008 Financial Task Force budget by increasing expenses in the amount of $10,000.00 for an interdiction project awarded by the Office of the National Drug Control Policy (ONDCP) High Density Drug Trafficking Area (HIDTA). Funds will be used to pay fringe benefit expenses for a drug interdiction unit comprised of Financial Task Force agents and Laredo Police Officers from January 1, 2004 through December 31, 2007. Fringe benefits will be funded from the opening fund balance.
2007-O-233 Amending the City of Laredo Health Department Fiscal Year 2007-2008 budget by appropriating revenues and expenditures in the amount of $172,239.00, from the Texas Department of State Health Services-Office of Border Health for the Department’s Public Health Emergency Preparedness-Early Warning Infections Disease Surveillance for early detection and rapid response from October 1, 2007 through July 31, 2008, and authorizing the City Manager to execute the contract.
2007-O-234 Amending the City of Laredo Health Department Fiscal Year 2007-2008 annual budget by appropriating revenues and expenditures in the amount $24,750.00 from the University of Texas Health Science Center at San Antonio for the continuation of the Department’s South Texas Family AIDS Network grant award for the period beginning August 1, 2007 through July 31, 2008 to provide patient care for HIV/AIDS patients.
2007-O-235 Ratifying City Manager’s acceptance of a grant by the United States Environmental Protection Agency’s (USEPA) Border 2012 Grant Program in the amount of $50,000.00 with the City designating $12,695.00 in matching funds for a total of $62,695.00 and amending the City of Laredo’s Fiscal Year 2007-2008 Annual Budget for the Environmental Services Fund by appropriating the said grant revenue to the appropriate expenditure accounts. Funds will be used for the production of the Dos Laredos Non-Point Source Pollution Early Childhood Education Video.
2007-O-236 Amending the City of Laredo Fiscal Year 2007-2008 annual budget for the parking meters fund by appropriating expenditures in the amount of $300,000.00 from fund balance for the Riverfront Parking Lot Restructuring Project.
2007-O-237 Authorizing the City Manager to execute a Foreign Trade Zone Operation Agreement with International Trade & Commerce, Inc., as zone site operator of site 1-D, located at 309 NAFTA Boulevard, effective February 1, 2007 and ending on March 31, 2009. Providing for activation, administration and transaction fees to be paid to the City; providing for an effective date.
2007-O-238 Establishing guidelines and criteria governing tax abatements by the City of Laredo; providing for severability, publication and effective date.
2007-O-239 Amending the Code of Ordinance of the City of Laredo, Chapter 2, Article V. Boards, Commissions, Councils, etc., Division 4. Convention & Visitors Bureau Advisory Board, Sec. 2-223; Membership criteria; term of office; method of appointment; ex-officio members; by amending Sections (a) and (b); This clarifies ordinance to specify that the committee be converted to a nine-person standing committee composed of appointees from each City Council district and an appointee at large by the Mayor as directed through City Council action taken on May 14, 2007. (as amended)
2007-O-240 Amending Chapter 19, Article XI, Truck Traffic, Division 2, Truck Routes, Section 19-415 (A) (2), Departure from and Return to Designated Truck Route; thereby eliminating existing conflict in the ordinance language regarding the posting of “No Trucks” signs on streets that are not designated as truck routes; providing for severability, publication and effective date.
2007-O-241 Amending the City of Laredo Code Ordinances to clarify certain sections of the Vehicles for Hire Ordinance and to properly enforce taxicab operation regulation as follows:
1. Section 32-28 (A), renewal of annual permit, of the Code of Ordinances in order to clarify section;
2. Section 32-33 (3), Substitute or replace taxicabs, in order to add and clarify section;
3. Section 32-37 Term and Renewal, in order to clarify section;
4. Section 32-43.1, Suspension and Revocation of a taxicab license, amending subsection (b) and adding a new subsection (12);
5. Section 32-65.1, Parking of Taxicabs, of the Code of Ordinances, in order to clarify section;
6. Section 32-70, property left in taxicab, in order to clarify section;
7. Section 32-71, Taximeters-Required, adding subsections (C) and (D);
8. Section 32-74, Vehicle Requirements and Inspections, in order to add Subsection (10); providing for severability, for an effective date and publication.
The Transportation/Traffic Safety Advisory Committee approved these proposed amendments.
14. 2007-R-088 Expressing the City of Laredo’s support for the construction of a Border Safety Inspection Facility (BSIF) by the Texas Department of Transportation at the World Trade International Bridge in the general location and in the basic configuration as shown in Attachment A.
15. Consideration to authorize change order no. 1 in the total amount of $34,316.00 to contract FY 07-153 awarded to Texas Wired Music, Inc., for the purchase of additional audio visual equipment needed for the City Council chambers. The revised contract total will be $206,519.60. Funding is available in the Information Technology and Support Services-Public Education and Government (PEG) Fee Fund.
16. Consideration to authorize the purchase of one (1) 2007 GMC three (3) ton crew cab utility truck in the amount of $69,345.00; one (1) 2008 GMC cab and chassis with crane in the amount of $129,538.00; from Rush Truck Centers of Texas, L.P., through the Houston Galveston Area Council of Governments (HGAC) and Buy Boards Cooperative Purchasing Program. This equipment will be assigned to the Utilities Department. Funding is available in the 2008 Utilities Budget.
17. Consideration to exercise the renewal option for contract number FY07-096 awarded to Double R Construction, Laredo, Texas, in the estimated amount of $275,000.00 for asphalt repairs. The contract pricing is based on a fixed square footage rate of $2.75 for asphalt repairs required due to utility repairs. The term of this contract will be for a one (1) year period. Funding is available in the Water and Sewer Funds.
18. Consideration to authorize the City Manager to transfer previous sale of surplus equipment from Rio Bravo, Texas, sold on April 4, 2007 to our Sister City of Lampazos de Naranjo, Nuevo Leon which the City of Rio Bravo was not able to purchase. The equipment consists of one (1) 1995 Mack Refuse Truck with a sale value of $4,500.00 and one (1) 1993 GMC Sweeper with a sale value of $375.00.
19. Consideration to authorize the City Manager to donate a 1994 Chevy Suburban to Cienega de Flores due to the fact that this vehicle must be exported to Mexico. This suburban is a confiscated vehicle.
20. Authorizing the City Manager to acquire through negotiations, the “Surface Only” of Lot 4, Block 2, at 3507 East Ash, in an amount not to exceed $36,000.00, plus approximately $850.00 in incidental expenses; Lot 5, Block 2, at 3509 East Ash Street, in an amount not to exceed $121,000.00, plus approximately $1,300.00 in incidental expenses; and Lot 6, Block 2 at 3511 East Ash Street, in an amount not to exceed $135,000.00, plus approximately $1,400.00 in incidental expenses; for the North Heights Subdivision, Phase II, Drainage Improvements Project, and authorizing additional future parcel acquisitions, as deemed necessary in said subdivision, for the completion of said Drainage Improvements Project. These will be voluntary transactions. Funding is available in North Heights Subdivision, Phase II, Drainage Improvements Project/ 2007 Certificate of Obligation Bond Issue.
21. Approving monthly adjustments to the tax roll. The amounts to be adjusted for the month of October 2007 represent a decrease of $4,574.65. These adjustments are determined by the Webb County Appraisal District and by court orders.
22. Consideration for approval to award a professional services contract to Brinkley Sargent Architects, Dallas, Texas, for an amount not to exceed $330,500.00 for Phase I – Development of program and master plans for Northwest Center Park Site and Phase II – Design and Construction of Recreation Center for the Northwest Recreation Center Park to be located on a 7.027 acre site in Villas San Agustin Subdivision, Unit 3. Design work is to be on a fast track basis. Funding is available in the 2005 CO Bond – Northwest Recreation Center/Pool.
23. Consideration for approval of change order no. 1 a decrease of $20,117.00 for the balance of quantities actually constructed in place and to add twenty-six (26) working days to the construction contract time due to rain delays and holidays, acceptance of the Police Substation for Fire Station No. 14 at Cielito Lindo Blvd., and approval of a final payment in the amount of $32,334.80 to Zertuche Construction Company, Laredo, Texas. The final construction contract amount is $310,433.00. Funding is available in the 2006 C.O. Bond.
24. Consideration to authorize the City Manager to purchase turnstile spare equipment in the amount of $79,369.76 from sole source provider, Transcore, L.P. for the electronic toll collection system. Funding is available in the Bridge Department Budget.
25. Consideration to authorize the City Manager to purchase one (1) service truck from Rush Truck Centers of Texas, L.P., in the total amount of $98,985.00 through the Houston Galveston Area Council of Government (HGAC) cooperative purchasing program’s contract pricing. This truck will be assigned to the Fleet Maintenance Division. Funding is available in the Fleet Maintenance Budget.
26. Authorizing the City Manager to execute a Fiscal Year 2008 Third Party Funding contract with the Laredo Animal Protective Society providing $300,000.00 for shelter operations funded through the General Fund.
27. Authorizing the City Manager to accept a donation from the GEO Group in the amount of $250,000.00.
28. Consideration to award a contract to the low bidder Southwest Business Corporation in the estimated amount of $250,126.00 for credit card processing fees. The following departments/divisions accept payments by credit card: Utilities, Tax, Bridge, Landfill, Health Departments and others. Credit card processing will be used in connection with the Voice Response System, Click2Gov System and credit card terminals. Funding is available in the respective departmental expense line items.
29. Amending the 2007 Consolidated One-Year Action Plan by reprogramming a total of $825,000.00 of 33rd Action Year (AY) 2007 Community Development Block Grant (CDBG) funds for the purpose of funding the Chacon Creek/Guatemozin Street Acquisition and Relocation project by redirecting funding for the following projects:
Canizalez Park Pavilion and Improvements project …………..…... $100,000
Cielito Lindo Park project …………………..…….…………………... $225,000
Shade Structures along Zacate Creek……….……………………… $100,000
Slaughter Park project…………………………………………….……$400,000
Total Funds Reprogrammed………………………………………..…$825,000
The Chacon Creek/Guatemozin Street Acquisition and Relocation project will enhance the floodplain and provide safety to the residents that will be relocated. The park projects are proposed to be funded through the 2007 Certificate of Obligation Bond funds.
30. Authorizing the City Manager to enter into a contract and award the 2007 Emergency Shelter Grant funds (ESG) made available by the U.S. Department of Housing and Urban Development to the following non-profit agencies:
(1) $60,000.00 to the Laredo Homeless Coalition (LHC) for operation of the Guadalupe and Lilia Martinez Resource Center,
(2) $40,000.00 to the Laredo Homeless Coalition to provide Essential Services,
(3) $9,479.00 to Casa de Misericordia (Casa) for operation of their shelter, and
(4) $48,000.00 to Bethany House to provide Homeless Prevention assistance.
Funding is available in the 2007 Emergency Shelter Grant.
XIII. STAFF REPORTS
A. Staff report by the Laredo Public Library regarding Long Range Plan, with discussion and possible action.
XIV. RECESS AS THE LAREDO CITY COUNCIL AND CONVENE AS THE LAREDO MUNICIPAL HOUSING CORPORATION
32. Consideration for approval of change order no. 1 a decrease of $12,895.65 for the balance of quantities actually constructed in place to the construction contract with ALC Construction, LLC., Laredo, Texas, and acceptance of the Re-Roofing Project at the Jose Flores Apartments (18 Duplexes Complex). Final construction contract amount is $91,104.35. Funding is available in the Laredo Municipal Housing Corporation Budget.
XV. RECESS AS THE LAREDO MUNICIPAL HOUSING CORPORATION AND RECONVENE AND ADJOURN AS THE LAREDO CITY COUNCIL
XVI. 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.
33. Request for Executive Session pursuant to Texas Government Code Section 551.071 (1) (B) to consult with Assistant City Attorney on settlement offer regarding Shading Concepts, LLC, and return to open session for possible action.
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 15, 2007 at 6:00 p.m.
Gustavo Guevara, Jr.