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CITY OF CITY COUNCIL
MEETING A-2009-R-08 CITY
COUNCIL CHAMBERS
May 4, 2009 5:30 P.M.
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, 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 April
20, 2009 V.
COMMUNICATIONS AND RECOGNITIONS Recognitions Recognizing Hector “Hurricane”
Ferreyro for winning the IBC World Heavyweight Title Boxing Event against
Cissie “Cool C” Salif. Recognizing Miguel T. Ramirez,
Laredo Morning Times, for his 35 years of service, long-standing and sound
journalism career. Recognizing Amparo Gutierrez
Elementary School Gators Basketball Team for their undefeated season and City
Championships. Recognizing †Fernando D.
Gutierrez, Sr., Central Drug Company, in appreciation for services to the
Laredo community, his state and country, honoring the profession as a pharmacist, and
exemplary citizen of Laredo. 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 Tim Schmidt, CEO, Doctor’s Hospital to the Blue
Ribbon Health Committee replacing Abe Martinez, CEO, LMC. b. Appointment
by Mayor Pro-Tempore Jose A. c. Appointment
by Mayor Pro-Tempore Jose A. Valdez, Jr. to the Laredo Commission for Women
replacing Carmen Treviño. VII.
PUBLIC HEARINGS 1.
Amending the Zoning
Ordinance (Map) of the City of 2.
Amending the City of
Laredo FY 2009 Airport Construction Budget to recognize additional revenues
from a grant received from the Federal Aviation Administration Airport
Improvement Program under the American Recovery and Reinvestment Act Grant
Project No. 3-48-0136-56-09 in the amount of $8,000,000.00 to rehabilitate
Runway 17R/35L at the Laredo International Airport and appropriating said
grant revenue to the appropriate revenue and expenditure accounts and
authorizing the City Manager to implement said budget amendment. No local match is required for this grant.
(Approved by Finance Committee) 3.
Amending the City of Laredo Health Department FY 2008-2009 Budget by
adding one (1) full-time equivalent position, being a Chief of Dental Health
Services with benefits, in lieu of contractual services to more efficiently
meet the oral health needs of the community.
Funds in the amount of $66,000.00 are available through the Health and
Human Services Commission (HHSC) contract between the City of Laredo Health
Department and the University of Texas Health Science Center San Antonio
Dental School for the remainder of the fiscal year, funding is renewable for
another two (2) years for a total of four (4) years as per the MOU signed February
25, 2008. Funding for the second year
is subject to future appropriations. (Approved
by Finance Committee) 4.
Accepting four hundred
nineteen thousand four hundred fifty dollars ($419,450.00) in funds from the
South Texas Development Council; amending the City of Laredo Health
Department FY 2008-2009 annual budget by appropriating revenues and
expenditures in the amount of four hundred nineteen thousand four hundred
fifty dollars ($419,450.00) in funds from the South Texas Development Council
for continuation of the department’s HIV/Ryan White Program which provides
medical care, case management and supportive care and amending the City of
Laredo Health Department Budget by adding a full-time equivalent position,
being one (1) Health Educator Supervisor with benefits for the term period
beginning April 1, 2009 through March 31, 2010. (Approved by Finance
Committee) 5.
Amending the City of
Laredo Health Department FY 2008-2009 Annual Budget by appropriating revenues
and expenses in the amount of fifty two thousand one hundred twenty five
dollars ($52,125.00) for the Community Preparedness Section/ Public Health
Emergency Preparedness (PHEP) Discretionary Fund from the Texas Department of
State Health Services for the term period beginning June 1, 2009 through
November 30, 2009. (Approved by Finance Committee) 6.
Amending the City of
Laredo Health Department FY 2008-2009 annual budget by increasing revenues
and expenses in the current contract from the Texas Department of State
Health Services by one hundred forty seven thousand three hundred fifty eight
dollars ($147,358.00) in additional funds not to exceed a total of four
million six hundred ninety two thousand three hundred eighty six dollars ($4,692,386.00)
[four million two hundred fifty eight thousand four hundred five dollars ($4,258,405.00)
(6008) and four hundred thirty three thousand nine hundred eighty one dollars
($433,981.00) (6009)] for the Women, Infants, and Children (WIC) Program for
the City of Laredo Health Department beginning October 1, 2008 through
September 30, 2009. (Approved by Finance Committee) 7.
Providing community residents an opportunity to comment on their
housing and community needs and the projects that they wish to see funded for
fiscal year 2009-2010, with funds totaling an estimated $4,900,000.00 to be
received from the U.S. Department of Housing and Urban Development (HUD) in
support of the preparation and submission of the 2009 Consolidated One Year
Action Plan to HUD. The actual formula allocations from HUD have yet to
be released; however, the City anticipates receiving funding levels similar
to the 2008-2009 program year. The following estimated amounts are
being used solely for planning purposes: · Community Development Block Grant (CDBG) $3,500,000.00 · HOME Investment Partnerships Grant (HOME) $1,200,000.00 · Emergency Shelter Grant (ESG) $160,000.00 · American Dream Downpayment Initiative Program (ADDI) $5,000.00 8.
Authorizing the City Manager to accept (1)
a donation from H-E-B Tournament Of Champions (TOC) in the amount of
$5,000.00 to support the Laredo Public Library’s HEB Multi Purpose Room and
(2) a grant from Humanities Texas in the amount of $1,000.00 to help fund the
6th Annual Laredo Poetry Festival and amending the City of Laredo FY 2008-2009
Friends of the Library budget by appropriating revenues and expenditures by
$11,000.00, inclusive of $5,000.00 for future contributions. (Recess) (Press Availability) VIII.
INTRODUCTORY ORDINANCES 9.
Authorizing the City Manager to execute cattle grazing lease with A/C
Cattle Co., 10.
Authorizing the City Manager to
execute an assignment of the lease agreement between the City of Laredo, as
Lessor, and IRCO Corporation, as Lessee, approved by Ordinance No. 92-O-182
dated October 5, 1992 to the approximate 97,183 square feet of land including
approximately 28,000 square of building space known as Building No. 1315
located at 2015 Pappas at the Laredo International Airport. The lease term is
for twenty five (25) years commencing
on June 1, 1992 and ending May 31, 2017 with one, ten (10) year renewal
extension until May 31, 2027. Said assignment is from IRCO Corporation, as
Assignor to Adex Trading, Inc. as Assignee. All other terms and conditions
remain unchanged and in effect; providing for an effective date. 11.
Adding new Article VII(A) [Parental
Responsibility] to Chapter 21 [offenses and miscellaneous provisions] of the
Code of Ordinances, containing the following new sections, namely, Section
21-146 containing definitions; Section 21-147 specifying the offenses;
Section 21-148 providing for affirmative defense; & Section 21-149
providing for the penalty; and providing for effective date. IX.
FINAL 12. 2009-O-065 Authorizing the City Manager to amend the City of 2009-O-068 Amending the City of 2009-O-069 Amending the Zoning Ordinance
(Map) of the City of 2009-O-070 Amending Ordinance No. 2003-O-052 authorizing the issuance of a
Conditional Use Permit for a welding shop on 2009-O-071 Amending the Zoning Ordinance
(Map) of the City of Laredo by rezoning 0.93 acres, as further described by
metes and bounds in attached Exhibit "A", located west of US
Highway 83 and north of Riverhill Subdivision, from R-1 (Single Family
Residential District) to B-3 (Community Business District). The Planning
and Zoning Commission has recommended approval of the zone change. The
proposed use is commercial. District III 2009-O-072 Amending the Zoning Ordinance
(Map) of the City of Laredo by rezoning the south twenty-eight (28) feet of
Lots 3 & 4 and the north twenty-seven (27) feet of Lots 5 & 6, Block
495, Eastern Division, located at 4416 Maryland Avenue, from R-1 (Single
Family Residential District) to R-2 (Multi-family Residential
District). The Planning and Zoning Commission has recommended approval
of the zone change. The proposed use is apartments or a duplex.
District IV 2009-O-073 Amending the Zoning Ordinance
(Map) of the City of
2009-O-074 Amending the Zoning Ordinance (Map) of the City of 2009-O-075 Amending Chapter 32,
Vehicle for Hire, Article II, taxicabs, operating authority, Section 32-20,
transfer of operating authority, of the Code of Ordinances of the City of
Laredo, adding that background checks must be obtained on transferor before
any transferring of taxicab permit, that processing time may take up to 60 days,
and that all permit transfers shall be processed 60 calendar days
before renewal date, otherwise current permit holder shall renew permit and
then process transfer, Section 32-29 (H) suspension and revocation of annual
permit, adding ten days for revocation appeal to the City Manager, Section
32-35 (I), taxicab driver’s license, application, adding “charged or” and
replacing the word “permit” with “license”, and to provide for severability,
publication and effective date. 2009-O-076 Authorizing the City
Manager to execute a Foreign-Trade Zone Operations Agreement with South Texas
Traffic, Inc.; as Zone Site Operator of Site No. 3 located at 8501 Killam
Industrial Blvd., effective May 1, 2009, and ending on September 30,
2009. Providing for activation, administration and transaction fees to
be paid to the City; providing for an effective date. 2009-O-077 Authorizing the City
Manager to execute a Foreign-Trade Zone Operations Agreement with Connections
Global Logistics, Inc., as Zone Site Operator of Site No. 3 located at 8202
Killam Industrial Blvd., effective May 1, 2009, and ending on September 30,
2009. Providing for activation, administration and transaction fees to
be paid to the City; providing for an effective date. 2009-O-078 Amending the Zoning Ordinance (Map) of the City of Laredo
by rezoning Lot 1, Block 1 Prida Plat, located at 7100 Santa Maria Avenue,
from B-3 (Community Business District) to M-1 (Light Manufacturing
District). The Planning and Zoning Commission has recommended approval
of the zone change. The proposed use is a lease for warehouse
storage. District VII X.
RESOLUTIONS
13.
2009-R-045 A resolution by the City Council of the City of Laredo
in support of the United States Department of Homeland Security’s use of the
old Mercy Hospital Building for their operational and training activities. 14.
2009-R-046 Authorizing the City Manager to submit a grant
application to the Federal Aviation Administration in the amount of
$8,000,000.00 and to accept said grant for the Rehabilitation of Runway 17R/
35L at the 15.
2009-R-048 Authorizing the City Manager to submit a grant
application to the Texas Water Development Board (TWDB) to obtain a grant in
the amount of $10,000,000.00, and a loan in the amount of $10,000,000.00 to
purchase water rights. (Approved by both Operations and Finance Committees) 16. 2009-R-051 Authorizing the City Manager to execute the termination
of the maintenance & monitoring agreement dated January 4, 2007 [which
agreement is recorded in Volume 2269, pp. 622-630, Official Property Records
of Webb County, Texas] in the form attached as Exhibit 1, and accepting the
payment of $60,790.00 by Norez Ltd. in lieu of detention requirements;
Environmental Services Department recommends that the $60,790.00 be used for
the improvements in the Upper Zacate Creek Multipurpose Detention
Pond. 17. 2009-R-052 Declaring the public necessity to acquire the “Surface Only” of eight
(8) parcels of land for the Calton Road Grade Separation Project, said
parcels of land being described as follows: Tract 1. A tract of land
containing 0.13 acres (5,854.87 sq. ft.) more or less, being out of that
certain 1.50 acre tract of land conveyed to Gambit Bingo Partnership Ltd.,
recorded in Volume 280, Pages 816-819, Webb County Deed Records, Texas,
situated in Survey 1026, J. F. Fuentes Original Grantee Abstract 317, City of
Laredo, Webb County, Texas. Tract 2. A
tract of land containing 0.46 acres (20,092.38 sq. ft.) more or less, being
out of that certain 11.1784 acre tract of land conveyed to Yellow Freight
System, Inc., recorded in Volume 545, Pages 62-64, Webb County Deed Records,
Texas, situated in Survey 1026, J. F. Fuentes Original Grantee Abstract 317,
City of Laredo, Webb County, Texas. Tract 3. A
tract of land containing 0.37 acres (15,946.98 Sq. Ft.) more or less, being
out of that certain 6.6924 acre tract of land conveyed to United States Cold
Storage, LP., a Texas Limited Partnership, described in General Warranty
Deed, recorded in Volume 1693, Pages 232-245, Webb County Deed Records,
Texas, situated in Survey 1238, E. Garza Original Grantee, Abstract 425, City
of Laredo, Webb County, Texas. Tract 4. A
tract of land containing 0.16 acres (6,862.98 Sq. Ft.) more or less, being
out of the remaining portion of that certain 0.5173 acre tract of land
conveyed to Agustin Maldonado, Jr. Trustee, recorded in Volume 579, Pages
543-544, Webb County Deed Records, Texas, situated in Survey 1238, E. Garza
Original Grantee Abstract 425, City of Laredo, Webb County, Texas. Tract 5. A tract
of land containing 0.01 acres (251.16 Sq. Ft.) more or less, being out of a
2.6924 Acre tract of land shown in Central Power & Light Company
Subdivision Plat recorded in Volume 17, Pages 32, Webb County Map Records,
Texas, situated in Survey 1238, E. Garza Original Grantee Abstract 425, City
of Laredo, Webb County, Texas. Tract 6. A
tract of land containing 0.02 acres (816.65 Sq. Ft.) more or less, being out
of a 2.6924 Acre tract of land shown in Central Power & Light Company
Subdivision Plat recorded in Volume 17, Pages 32, Webb County Map Records,
Texas, situated in Survey 1238, E. Garza Original Grantee Abstract 425, City
of Laredo, Webb County, Texas. Tract 7. A
tract of land containing 0.37 acres (15,908.62 Sq. Ft.) more or less, being
0.34 acres out of that certain 9.4675 Acre tract of land conveyed to Central
Power & Light Co., recorded in Volume 396, Pgs 77-86, Webb County Deed
Records and 0.03 Acres out of that certain 1.3118 acre tract of land conveyed
to Central Power and Light Co., recorded in Volume 400, Pages 228-231, Webb
County Deed Records, Texas, situated in Survey 1238, E Garza Original Grantee,
Abstract 425 and Survey 1026, J. F. Fuentes Original Grantee Abstract 317,
City of Laredo, Webb County, Texas. Tract 8. A
tract of land containing 0.01 acres (303.36 Sq. Ft.) more or less, being out
of a 7.813 Acre tract conveyed to Wal-Mart Stores, Inc., recorded in Volume
28, Pages 11-14, Webb County Deed Records, Texas, situated in Survey 1238, E.
Garza Original Grantee, Abstract 425 and Survey 1026, J.F. Fuentes Original
Grantee, Abstract 317, City of Laredo, Webb County, Texas, and each of said eight (8) tracts is more particularly
described by metes and bounds in Exhibits 1 to 8, inclusive, attached to this
resolution; and authorizing
staff to negotiate with the owners for the acquisition of said parcels by
purchase at their market values established by a State Certified Real Estate
Appraiser; and authorizing
the City Attorney to initiate condemnation proceedings to acquire one or more
of said parcels if staff is unable to acquire one or more due to inability to
agree to a purchase price, conflict of ownership, owner refusal to sell,
and/or inability to locate a listed owner. 18.
2009-R-053 Accepting a grant in the amount of $20,000.00 from the
Texas Department of Transportation for enforcement of Vehicle Occupant
Protection during the Click It or
Ticket Campaign amending the City of XI.
MOTIONS 19.
Consideration for
approval to award a construction contract to the lowest bidder Jerry Resendez
Enterprises, Inc., 20.
Consideration to award
annual supply contract FY09-034 to the low bidders, Executive Office Supply,
Laredo, Texas and Patria Office Supply, Laredo, Texas for the purchase of
general office supplies. The term of
this contract shall be for a period of one (1) year with a renewal option for
an additional twelve (12) month period upon mutual agreement. Funding is available in the office supply
line item budgets for the respective departments. (Approved by both
Operations and Finance Committees) 21.
Consideration to award
contract number FY09-045 to Envirodyne Laboratories, 22.
Consideration for
approval to award a construction contract to the lowest bidder Closner
Construction Company, 23.
Consideration for
approval of change order no.3, an increase of $32,589.00 for the balance of
quantities actually constructed in place, release of retainage, acceptance of
the McPherson Road Widening North of Del Mar Blvd., Phase II, Step “C”
(Mahogany Dr. to Shiloh Dr.) and approval of final payment in the amount of
$90,742.97 to Rhino Builders, Ltd., Laredo, Texas. Final construction contract amount is
$1,119,668.50. Funding is available in
the 2004 Transit C.O., Project #TRMAHO. (Approved by Finance Committee) 24.
Authorizing the City
Manager to amend the City of 25.
Authorizing the City Manager to amend the City of cdBG Project Fund Balances 27th
AY Demolition of Substandard Buildings $1,856.00 29th
AY Demolition of Substandard Buildings $1,507.00 Farias Community Center $2,206.00 Total 29th AY
Fund Balances $22,163.00 30th
AY Community Development Administration $1,282.00 Housing Rehabilitation Administration $390.00 Code Enforcement $3.00 Housing Rehabilitation Loans $43,900.00 Plaza Theatre Improvements $ 1.00 Cigarroa Recreation Center $18,478.00 Total 30th AY
Fund Balances $70,345.00 31st
AY C D Administration $919.00 Housing Rehabilitation Administration $55.00 Code Enforcement $1,732.00 Demolition of Substandard Buildings $861.00 Zero Total 31st AY
Fund Balances $7,782.00 32nd
AY Community Development Administration $37,502.00 Housing Rehabilitation Administration $30,910.00 Code Enforcement $28,750.00 Graffiti Removal $2,061.00 Automotive $23.00 Total 32nd AY
Fund Balances
$99,246.00 33rd
AY Community Development Administration $48,608.00 Cancelled
CDBG Projects Riverhills Parkland Acquisition (34th AY) $220,000.00 TOTAL FUNDS TO BE
REPROGRAMMED $1,020,000.00 (Approved by Finance Committee) 26.
Consideration to award
contract FY09-037 to the lowest bidder, Altius Group Inc., 27.
Requesting
authorization to waive $128.35 of penalty and interest in accordance with
Section 33.011(a) of the Property Tax Code.
The Webb County Appraisal District committed the act or omission which
caused or resulted in the taxpayer’s failure to pay the tax before
delinquency. Tax account
900-90221-113. The property owner is
Guillermo Cavazos. XII.
GENERAL COUNCIL DISCUSSIONS AND
PRESENTATIONS 28.
a.
A.
Request by Mayor 1.
Presentation
by Fernando Perez del Rio, Spontaneous Films, on 2.
Presentation by Sylvia
Bruni, on the Children’s Advocacy Center of Laredo, B. Request
by Council Member Dr. Michael Landeck 1.
Presentation
of a detailed comparative city elections cost estimate for a May 2010
elections. Cost estimate to include a most probable city wide run off
election and the scenario of a possible move of the LCC elections to November
2010. The comparison should be done to the cost of a November 2010 city
elections in conjunction with all other political entities that plan
elections in 2010. Further a report on the scheduling and cost of the
expected special election for city council in District 7. (Presenters to
include City Secretary Gustavo Guevara and Webb county elections administrator
Oscar Villareal). C. Request
by Council Member Juan Narvaez 1.
Presentation by Sgt. 1st
Class Jorge Martinez on the D. Request by Council
Member Johnny Rendon 1.
Status report regarding
an update of the E. Request by Council Member Gene Belmares 1.
Discussion with
possible action on implementing a reverse 9-1-1 system. 2.
Status report with
possible action regarding the extension of F. Request
by Mayor Pro-Tempore Jose A. 1.
Discussion with
possible action regarding the implementation of a traffic signal light at
Mines Road (FM 1472) and 2.
Discussion with
possible action to sponsor a free Consumer Expo due to present economic
conditions to be held at the G. Request
by Council Member Cynthia Liendo Espinoza 1.
Discussion with possible action on working with 2.
Discussion with possible action on organizing a city wide belated
welcome home celebration for all the veterans of WW II, Korean War and
Vietnam War to be held on Veterans Day November 2009. (Co-sponsored by
Council Member Juan Narvaez and Council Member Johnny Rendon) XIII.
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. 29.
Request for executive
session pursuant to Texas Government Code Section 551.072 in order to
deliberate the value of Lot 3A, Block 1004, XIV.
ADJOURN AS THE This notice was posted at the
Municipal Government Offices,
Gustavo Guevara, Jr. City
Secretary |
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