CITY OF LAREDO

CITY COUNCIL MEETING

A-2009-R-09

CITY COUNCIL CHAMBERS

1110 HOUSTON STREET

LAREDO, TEXAS 78040

May 18, 2009

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 May 4, 2009

 

V.                 COMMUNICATIONS AND RECOGNITIONS

 

Recognitions

a.   Recognition of Mr. Cayetano Tijerina, Jr. on his 90th Birthday Celebration         (Commissioner Rosaura “Wawi” Tijerina will be accepting on his behalf).

 

b.   Recognition of Marcus Wong, J.B. Alexander High School Senior, on being designated as the United States Border Patrol Youth of the Year for 2009.

 

Communiqués

a.      Presentation on the Laredo Webb County Safe Haven Program by Lorena Rodriguez, Program Director.

 

b.      Presentation by Texas Department of Public Safety commending their working relationship with Laredo Police Department.

 

c.      Presentation of “My Earth Day Pledge” program.

 

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 Council Member Gene Belmares of Angel Rivera to the Telecommunications Advisory Committee.

 

VII.             PUBLIC HEARINGS

 

1.          Public hearing and introductory ordinance amending Chapter 24, Article IV, Supplementary Zoning District Regulations Section 24-65.14: B-4 Highway Commercial District, Section 24-65.15: M-1 Light Manufacturing District, Amusement Redemption Machine Establishment provisions; and Amending Section 24-94.5: Conditional Use Permit Application Submittal Criteria of the Laredo Land Development Code, in order to modify the regulations governing amusement redemption machine establishments; providing for an effective date and publication.

 

2.          Public hearing and introductory ordinance amending the Subdivision Ordinance of the City of Laredo by revising Chapter 2, Section 2-3.5, Expiration and Extension Period of all Plat Approvals, establishing the expiration of plat approval from a period of eighteen (18) months to thirty (30) months and the extension of plat approval from a period of twenty-four (24) months to a period of thirty-six (36) months; providing for an effective date and publication.

 

3.          Public hearing and introductory ordinance amending the City of Laredo 2009 Special Fire Grants annual budget by decreasing revenues and expenses by $250,000.00 for a total grant amount of $500,000.00 from the 2008 Assistance to Fire Fighters (AFG) Grant.  Funding received through the grant agreement will be used to acquire radio communication repeaters to enhance radio coverage for first responders.  The appropriation of said grant revenue and expenditure will account for grant proceeds and equipment purchased though the grant and authorizing the City Manager to implement said budget amendment.  The above said grant requires a twenty-five percent (25%) in matching funds. (Approved by Finance Committee)

 

4.          Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by authorizing a Conditional Use Permit for a bus transportation facility on 5.59 acres, as further described by metes and bounds in attached Exhibit “A,” located at 211 E. Ash Street.  The Planning and Zoning Commission has recommended approval of the Conditional Use Permit.  District IV

5.          Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by authorizing a Conditional Use Permit for a drive-thru restaurant on Lot 6, Block 120, Eastern Division, located at 4119 Springfield Avenue.  The Planning and Zoning Commission has recommended approval of the Conditional Use Permit.  District IV

 

6.          Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by rezoning 2.4 acres, as further described by metes and bounds in attached Exhibit “A,” located south of FM 1472 and approximately 626 feet southwest of Copper Mine Road, from AG (Agricultural District) to M-1 (Light Manufacturing District).  The Planning and Zoning Commission has recommended approval of the zone change.  The proposed use is for truck and parts sales.  District VII

 

7.          Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by authorizing a Conditional Use Permit for accessory parking on Lot 13, Block 6, Indian Sunset Subdivision Phase 11, located at 12921 Mohawk Drive.  The Planning and Zoning Commission has recommended the approval of the Conditional Use Permit with a six month expiration date. District VII

 

8.          Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by rezoning the south 75.46 feet of Lot 5, Block 1654, Eastern Division, located at 2720 Clark Boulevard, from R-1 (Single Family Residential District) to B-1 (Limited Commercial District).  The Planning and Zoning Commission has recommended denial of the zone change.  The proposed use is for a child day care.  District IV

 

(Recess)

(Press Availability)

 

VIII.           FINAL READING OF ORDINANCES 

 

9.            

2009-O-067 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. 

 

2009-O-079 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.

 

2009-O-080 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.

 

2009-O-081 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.

 

2009-O-082 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.

 

2009-O-083 Authorizing the City Manager to execute cattle grazing lease with A/C Cattle Co., Laredo, Texas for approximately 220 acres of undeveloped land located in Northwest Laredo in the Pinto Valle Area, next to the International Fire Training/ Public Safety facility.  The lease term is for five (5) years commencing on June 1, 2009, with the option of two (2) one year terms; the annual rent shall be $1,760.00.

 

2009-O-084 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.  

 

2009-O-085 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.               RESOLUTIONS

 

10.      2009-R-044 Authorizing the City Manager to accept additional funds in the amount of $4,730.00 from the Texas Department of State Health due to realignment of FY09 Mid-year funds for the Health Department-Maternal/Well Child Health (MCH-Title V) and Dental Program, total amount awarded of $36,079.00, for the term from September 1, 2008 through August 31, 2009. (Approved by Finance Committee)

 

11.      2009-R-047 Authorizing the City Manager to enter into and execute a Memorandum of Understanding, attached hereto as Exhibit A, between the Federal Bureau of Investigation (FBI) and the Laredo Police Department for the purpose of outlining the responsibility of the Safe Streets Task Force participants, maximize inter-agency cooperation, and formalize relationships between the public and the media.

 

12.      2009-R-055 A resolution of the City Council of the City of Laredo, Texas authorizing the City Manager to enter into an agreement with the Texas Parks and Wildlife Department to accept a grant in the amount of $499,981.00 for the construction and development of Independence Hills Park with 50% local matching funds from 2007 Certificate of Obligation Bond Funds and the in-kind value of a 15.38 acre land donation ($498,762.00).  (Approved by Operations & Finance Committees)

 

X.                 MOTIONS

 

13.      Consideration to authorize the purchase of one (1) Mobile Command Unit (MCU) through the Houston-Galveston Area Council (HGAC) contract from Hal-Mark Fire Apparatus-Texas, LLC, in the amount of $850,000.00.  This apparatus will be assigned to the Fire Department and used for command and control of emergency scenes.  Delivery is expected within eight (8) to ten (10) months.  The initial purchase will be funded from State Homeland Security Program (SHSP) grant funds.  (Approved by Finance Committee)

 

14.      Consideration to authorize a contract with Ritchie Brothers Auctioneers for a one (1) time auction for the sale of five (5), heavy earth moving equipment for the Solid Waste Department.  All funds generated will be realized in the Solid Waste’s revenue line item.(Approved by Finance Committee)

 

15.      Approving monthly adjustments to the tax roll.  The amounts to be adjusted for the month of April 2009 represent an increase of $129,196.32.  These adjustments are determined by the Webb County Appraisal District and by court orders.

 

16.      Authorizing the City Manager to enter into an agreement with CheckFreePay Corporation to allow customers to make utility bill payments in person at convenient and easily accessible payment outlets.  With the addition of these new payment outlets, we hope to increase our existing twenty-seven (27) pay station sites to forty (40).  With this automated service, funds and data are electronically transmitted and processed for the convenient and efficient processing of these water utility payments.

 

17.      Consideration for approval of change order #2 to Antares Development Corporation, in the amount of $44,000.00 for the completion of Phase II of the data management system and to prepare for the Congressional Earmark Grant of the City of Laredo Health Department’s Vital Statistics and Data Management Program.  Funding is available in the Health Department’s Vital Statistics operating budget. (Approved by Finance Committee)

 

18.      Consideration to renew contract number FY08-052 to the following low bidders:

 

a. HD Supply Waterworks, San Antonio, TX in the estimated amount of $434,351.45, (Sections A, C, D, E, F, H);

 

b. Ferguson Waterworks, Mission, TX in the estimated amount of $132,131.00, (Section B);

 

c. Act Pipe & Supply, Laredo, TX in the estimated amount of $154,136.00, (Section G);

 

for the purchase of mechanical joint fittings, valve boxes and pipe tubing for the Utilities Department.  These materials are purchased on an as needed basis by the Utilities Department-Water Operations for construction and repair projects.  Funding is available in the Utilities Department Fund. (Approved by Operations & Finance Committees)

 

19.      Consideration to exercise the renewal option for one (1) additional year for contract number FY09-011 awarded to Philip Reclamation Services Houston, LLC, Houston, TX in the estimated amount of $70,000.00, for the disposal of household hazardous waste (HHW) collected by the City during the year and at the two (2) HHW collection events.  The first year of this contract the City issued a purchase order for $43,000.00.   This first renewal option will now bring the total contract amount for the two (2) year period to $113,000.00.  Funding is available in the Environmental Services Department budget. (Approved by Operations & Finance Committees)

 

20.      Ratifying the action taken by the City Manager to authorize the emergency repair of the Lyon Street Ground Storage North Tank in the amount not to exceed $112,000.00 with vendor F&L Concrete Services Inc. due to concerns with meeting the summer water demands and the important health concerns role this tank and station play in our water system.  Funds for this project are to be provided under the 2006 Bonds. (Approved by Operations & Finance Committees)

 

21.      Consideration to award contract number FY09-055 to the low bidder Closner Construction, Laredo, Texas in the estimated amount of $526,720.00, for the rehabilitation of four (4) lift stations for the Utilities Department.  This contract shall include repairs to the station’s wet well structures, repair or replacement of existing control panels, and replacement of all pumps, piping, valves and fittings of lift station flows. Funding is available in the Utilities Department budget. (Approved by Operations & Finance Committees)

 

22.      Consideration for approval to award a construction contract to the lowest bidder L.D. Kemp Excavating, Inc., Fort Worth, Texas, in the amount of $1,803,319.54 for the City of Laredo Landfill Cells 13 and 14.  Construction contract time is one hundred twenty (120) working days after notice to proceed is issued.  Funding is available in the Solid Waste Fund. (Approved by Operations & Finance Committees)

 

23.      Consideration for approval of change order no. 2 an increase of $88,015.35 to include concrete pavement removal, excavation, subgrade compaction and stabilized base course to the construction contract with Price Construction, Ltd., Big Spring, Texas, for the Laredo International Airport General Aviation Apron Reconstruction Phase IV.  Current construction contract time is one hundred fifty (150) calendar days.  Funding is available in the Airport Construction Fund Grant No. 55. (Approved by Operations & Finance Committees)

 

24.      Consideration for approval to award a construction contract to the lowest bidder Zertuche Construction, Laredo, Texas, in the amount of $1,979,238.15 for the Bartlett Avenue Extension Project.  Construction contract time is two hundred forty (240) calendar days after notice to proceed is issued.  Funding is available in the Bartlett Extension – 1998 C.O., 2000 C.O., 2003 C.O., 2005 C.O., 2006 C.O., and 2008 Utility C.O. and in the FTA Grant. (Approved by Operations & Finance Committees)

 

25.      Consideration for approval to award a construction contract to the lowest bidder CG Construction, Inc., Laredo, Texas, for an amount of $488,370.37 for the Dryden Park Improvements Project.  Construction contract time is one hundred forty (140) working days.  Funding is available in the Community Development Fund 30th, 32nd and 33rd Action Year and Capital Improvements Fund - District II Discretionary Funds.  (Approved by Operations & Finance Committees)

 

26.      Ratifying the action taken by the City Manager to provide payment of $77,397.53 to the Southwest Texas Rain Enhancement Association as per Resolution 2008-R-074, to cover the cost of the 2009 program.  The agreement will automatically renew January 1st of each year with the cost of the program being adjusted as needed every year, and being contingent upon funding availability.  The program began in March 2009 and will continue until November 2009, and will provide coverage of entire surface of Webb County.  The City will guarantee the full payment of the program.  Funds for this project are from the Water Availability fund.  (Approved by Operations & Finance Committees)

 

27.      Consideration for approval of the selection of consultant Architects Plus, Inc., Laredo, Texas, in association with Averus Corporation, Georgetown, Texas, Synergy Engineering, Laredo, Texas, Seca Engineering, Laredo, Texas, and RCE Engineering, San Antonio, Texas, for design and preparation of plans and specifications and bid documents for the New South Laredo Library Facility to be tentatively located on an approximately 1.6 acre site at U.S. Hwy. 83 and Palo Blanco in the vicinity of the Cigarroa Park and Freddie Benavides Baseball Field. (Approved by Operations & Finance Committees)

 

28.      Authorizing the City Manager to execute an interlocal agreement with the South Texas Food Bank to provide in-kind services, including labor and construction materials, in an amount not to exceed $10,000.00 to make improvements to the South Texas Food Bank warehouse located at 1907 Freight to provide for the centralization of food bank operations, in exchange for food bank products and services provided to individuals and families who reside within the City of Laredo in an amount equal to that provided by the City.  Funding is available in the Capital Improvement Fund.

 

29.      Consideration to authorize the City Manager to sell surplus equipment to our Sister City Tlahualilo, Durango.  Surplus equipment consists of a vacuum sewer truck unit 14316 with a salvage value of $25,000.00

 

 

 

 

XI.               GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS

 

30.       

a.       

A.                 Request by Mayor Raul G. Salinas

1.           Resolution in support of the State Legislature’s S.R. 447 whereby it expresses its intent that American Recovery and Reinvestment Act Funds be spent on domestic goods, materials, and services (American Products) to create and save 3.5 million jobs. (Co-sponsored by Council Member Mike Garza and Council Member Cynthia Liendo Espinoza)

 

B.                 Request by Council Member Mike Garza

1.           Discussion with possible action for the City of Laredo to establish a goal of obtaining $100 million dollars in funds from the various State and Federal stimulus packages and grant programs for year 2009. (Co-sponsored by Council Member Juan Narvaez and Council Member Cynthia Liendo Espinoza)

 

2.           Discussion with possible action on seeking consultants for the enhancement of interoperability and city-wide connectivity where needed, and for the obtainment of available grant and stimulus funds for payment of such enhancements and services.

 

             C.        Request by Council Member Dr. Michael Landeck

1.           Discussion with possible action on the status on the cemetery and issues related to it. Presentation by Mr. Romani.

 

             D.        Request by Council Member Gene Belmares

1.           Status report with possible action on Desalination Pilot Project.

 

             E.        Request by Council Member Cynthia Liendo Espinoza

1.           Discussion with possible action to consider providing incentives at city parking lots and metered parking in the downtown area to promote shopping in the downtown area. (Co-sponsored by Council Member Hector “Tito”  Garcia)

 

XII.             STAFF REPORTS

 

31.      Discussion with possible action regarding Fiscal Year 2009 Bond Sale—Plan of Finance with a presentation by Estrada-Hinojosa, and discussion on attendees for the New York bond sale trip.

 

32.      Discussion with possible action on the City of Laredo’s participation of the 2009 Laredos RioFest coordinated by the Laredo Hotel and Lodging Association.  

 

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.

 

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

                       

33.      Consideration to award a six (6) month supply contracts (FY09-53)  to the LOW BIDDERS, Arguindegui Oil, Co., Laredo, Texas, in the estimated amounts of $36,871.80 and Oil Patch Petroleum, Inc., Laredo, Texas in the estimated amounts of $77,796.00 for the purchase of engine oil and lubricants for Laredo Transit Management Inc. - El Metro.  The bid pricing will be firm for six (6) months with an option to extend contract with the same specifications and pricing for two (2), six-month  periods upon mutual consent of both parties.  Funding is available in the Laredo Transit Management, El Metro Operations Fund. (Approved by Operations Committee)

           

XV.           ADJOURN AS THE LAREDO MASS TRANSIT BOARD AND RECONVENE AS THE LAREDO CITY COUNCIL AND ADJOURN

 

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, May 13, 2009 at 7:00 p.m.

                                                                       

 

 

                                                                        Gustavo Guevara, Jr.

                                                                        City Secretary