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CITY OF CITY
COUNCIL MEETING A-2009-R-013 CITY COUNCIL CHAMBERS
July 20, 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 June
29, 2009 and July 6, 2009 V.
COMMUNICATIONS AND RECOGNITIONS Recognitions a. Recognizing Doctor’s
Hospital of Laredo for their outstanding 35 years of service excellence to
the community and for receiving the 2008 Service Excellence Award from the Universal
Health Service Corporation. b. Recognition of Abigail
Palacios, Junior at United High School, for winning first place at the
following events since August of 2008: ·
Five (5) Laredo Junior Association Golf (LJGA) Tournaments ·
Three (3) High School Tournaments including District 29 5A Championship ·
Two (2) South Texas PGA Tournaments most recently on July 14, 2009, at
Casa Blanca Golf Course c. Recognition of
Kassandra ”Kassey” Ramirez, TAMIU student, and her seeing eye dog “Zoogi” in
partnership with the Fernando A. Salinas Foundation, TAMIU , Webb County
Judge Danny Valdez and Mayor Raul G. Salinas. 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.
PUBLIC HEARINGS 1.
Public hearing and introductory ordinance accepting funds from D & J Alexander Management,
L.P., Laredo, Texas in the amount of $29,028.45 for the McPherson Lift
Station and amending the City of Laredo FY 2008-2009 budget for the 2006
Utility Sewer Bond by appropriating revenues and project expenditures in the amount
of $29,028.45. (Approved by Finance Committee) 2.
Public hearing and introductory ordinance amending the City of Laredo 2008-2009 Autotheft Task
Force Annual Budget in the amount of $76,056.00 to fund the Laredo Autotheft
Task Force and accepting a grant award in the amount of $433,514.00 from the
State of Texas Auto Burglary and Theft Prevention Authority. The City of Laredo will be designating
$231,349.00 in matching funds, and Webb County will be designating $37,661.00
in matching funds for a total grant amount of $702,524.00. This grant is effective from September 1,
2009 through August 31, 2010. (Approved by Finance Committee) 3.
Public hearing and introductory ordinance authorizing the City Manager to implement the FY 2010 and
FY 2011 South Texas 9-1-1 Regional Administration Strategic Plan as approved
by the Commission on State Emergency Communication (CSEC) on July 14, 2009;
and amending the FY 2010 9-1-1 Regional Administration Fund by appropriating
revenues and expenditures in the amount of $86,819.00 for administrative,
equipment and program budgets for Jim Hogg, Starr, Webb, and Zapata counties
for the period beginning September 1, 2009 and ending August 31, 2010. Funding for subsequent years is contingent
upon future budget approvals. (Approved by Operations & Finance Committees) 4.
Public hearing and introductory ordinance accepting funds in the amount of $14,338.00 from the
South Texas 9-1-1 Regional Administration Division to cost share personnel at
the Laredo Police Department Public Safety Answering Point in accordance to
Section 771.0751 of the Texas Health and Safety Code and Rule 251.3 Use of
Revenue in Certain Counties from the Commission on State Emergency
Communications; and amending the FY 2009-2010 General Fund Budget of the City
of Laredo by appropriating revenues and expenditures in the amount of
$14,338.00 for salary expenses for Laredo Police Department Communications
Division salaries. 5.
Public hearing and introductory ordinance amending the City of Laredo FY 2008-2009 annual budget by
appropriating revenues from the Social and Health Research Center-University
of Texas Health Science Center at San Antonio (SAHRC-UTHSCSA) and
expenditures in the amount of $250,000.00 for Proyecto Bienestar-Laredo to
conduct an additional year of intervention in the early school health based
diabetes reduction project for the term period beginning May 1, 2009 through
April 30, 2010. (Approved by Operations & Finance Committees) (Recess) (Press Availability) VII.
INTRODUCTORY ORDINANCES 6.
Designating as a one-way eastbound that one (1) block section of Denmark
Lane, and as a one-way westbound that one (1) block section of Yukon Lane,
between Backwoods Drive on the east and Greenland Drive on the west, during
the peak hours of 7:00 a.m. to 8:00 a.m., and 2:30 p.m. to 3:30 p.m. Monday
thru Friday, during school days and as two-way that one (1) block section of
Backwoods Drive, between Denmark Lane on the north and Yukon Lane on the south,
all days of the week, providing for the installation of appropriate signs to
indicate one-way and two-way traffic and providing for publication and
effective date. (Approved by Operations Committee) 7.
Closing as a public easement, that section of Burnside Street between
Vidaurri and Santa Rita Avenue, also known as the 1900 block of Burnside
Street, situated in the Western Division, City of Laredo Webb County, Texas;
provided that the City retains the right to maintain, operate, repair and
replace by itself or by any licensee or a holder of a franchise from the
City, any poles, wires, pipes, conduits, sewer mains or any other facilities
or equipment for the maintenance of operation of any utility now located in
the street portion; hereof, closed as a public easement and providing for an
effective date. (Approved by Operations Committee) VIII. FINAL
8.
2009-O-112 Accepting a grant award under the 2009 JAG
Recovery Grant Program from the Department of Justice, Office of Justice
Programs, Bureau of Justice Assistance in the amount of $602,748.00 and
amending the City of Laredo 2008-2009 Special Police Fund Annual Budget in
the same amount. The Office of Justice Programs is contributing the
full grant amount of $602,748.00 with no match obligated to the City of
Laredo or Webb County. The City of Laredo will receive $574,766.00 and
Webb County will receive $27,982.00. The Laredo Police Department will
utilize this funding for training, ammunition, supplies and the purchase of
officer safety equipment for the period of March 01, 2009 through February
28, 2013.
2009-O-113 Amending Chapter 5 of the City of Laredo Code of
Ordinance to allow the City of Laredo to issue two (2) year Alcoholic
Beverage Permits and Licenses instead of the one (1) year which is currently
issued. Senate Bill 1217 of the 80th Legislature amended the
Texas Alcoholic Beverage Code to allow two (2) year permits and the Texas
Alcoholic Beverage Commission has adopted Rule 33.25 to transition to the two
(2) year permits and licenses by September 1, 2009. The City shall double
the annual fee currently being assessed for the issuance of a two (2) year
permit or license. This ordinance is also amended to update the list of
permits and licenses and provide causes for denial or cancellation. 2009-O-114 Amending Ordinance No. 2009-O-057 dated April 20,
2009 and the City of Laredo FY 2008-2009 budget for the Texas Department of
Transportation Reimbursement Agreement for the 2008 Utility Bond by
appropriating revenues and project expenditures decreasing the amount not to
exceed $92,555.00, which consists of $85,927.00 from the 2008 Water Bond and
$6,628.00 from the 2008 Sewer Bond. 2009-O-115 Amending the Zoning Ordinance (Map) of the City
of Laredo by rezoning Lot 29A, Ferraez Subdivision, located at 260 W. Calton
Road, from B-1 (Limited Commercial District) to B-3 (Community Business
District). The Planning and Zoning Commission has recommended approval
of the zone change. (District V) 2009-O-116 Amending the Zoning Ordinance (Map) of the City
of Laredo by authorizing a Conditional Use Permit for an amusement redemption
machine establishment on Lot 1, Block 1, Friends Association Subdivision,
located at 9110 McPherson Road. The Planning and Zoning Commission has
recommended approval of the Conditional Use Permit. (District VI) (AS AMENDED) 2009-O-117 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 approval of
the Conditional Use Permit with a six (6) month expiration date. (District
VII) (AS
AMENDED) 2009-O-118 Amending the Zoning Ordinance (Map) of the City
of Laredo by authorizing a Conditional Use Permit for an amusement redemption
machine establishment on Lots 9-12, Block 1, Vista Hermosa Subdivision, Unit
III, and Lots 13A and 14A, Block 1, Vista Hermosa Subdivision, Unit IV,
located at 5517 McPherson Road, Suites #18 and 19. The Planning and
Zoning Commission has recommended approval of the Conditional Use Permit with
the limitation of forty (40) amusement redemption machines to allow for the
Conditional Use Permit to comply with the parking ordinance. (District V) (AS
AMENDED) 2009-O-120 Authorizing the City Manager to update the City’s
Foreign Trade Zone No. 94 fee schedule applicable to Laredo’s Foreign Trade
Zone Operators by designating an initial activation fee of a minimum of
$2,000.00 and at no time exceed $10,000.00 (rate calculated at $0.04 per
square foot), designating the annual fee at a minimum of $2,000.00 and at no
time exceed $10,000.00 (rate to be calculated at $0.05 per square foot) and
an activity fee of $5.00 as defined by the following U.S. Customs Forms: CF
214, CF 216, CF 7501, CF 3461, CF 368, release under Sec. 321, CF 7512, CF
6043 and any amendment of any of the above transactions. This fee schedule
shall become effective October 1, 2009 through September 30, 2014. 2009-O-121 Authorizing the City Manager
to dedicate a perpetual easement to the United States of America, General
Services Administration (GSA), being 1.20 acres of land, out of a 40.00 acre
tract and located adjacent to the Colombia Solidarity Bridge Export Parking
lot for the purpose of providing pedestrian and vehicular ingress and egress
to access the Colombia Solidarity Bridge Inspection Station; said 1.20 acres
tract of land, specifically described or being out of the Webb County School
Survey No. 1462, Abstract No. 502, and also out of a called 40.00 acre tract
as recorded in Volume 1448, Page 101 of Deed Records of Webb County,
Texas. See attached Exhibit “1”, illustrating the easement, Survey and
Metes & Bounds description. 2009-O-122 Authorizing the City Manager to accept and
execute the Federal Transit Administration (FTA) American Recovery and
Reinvestment Act (ARRA) Grant TX-96-X001, in the amount of $4,757,091.00 and
amending the FY2008-2009 Transit System’s Capital Grant Budget in the said
amount. IX.
RESOLUTIONS
9.
2009-R-083 Accepting the conveyance of a utility easement dated
June 24, 2009 from Laredo Independent School District located at Joseph C.
Martin Elementary School, over a parcel of 7,593 sq. ft., a copy of said
conveyance being attached as Exhibit 1, including its Exhibit A describing
the 7,593 sq. ft., parcel; and directing that the said easement be filed of
record in official property records of Webb County, Texas. (Approved by
Operations Committee) 10. 2009-R-085
Resolution directing publication of notice of intention to issue City of
Laredo, Texas combination tax and revenue Certificates of Obligation, Series
2009, in one (1) or more series, in the maximum principal amount of
$26,245,000.00, for paying all or a portion of the City’s contractual
obligations incurred for the purpose of: 1. Constructing, improving and repairing City streets and sidewalks,
together with drainage, traffic and street signalization and lighting
improvements; 2. Acquisition of municipal equipment and municipal vehicles for
various City Departments, to wit: City Administration, Health and Welfare
Department, Engineering Department, Parks and Recreation Department, Public
Safety Department, Public Works Departments, and Solid Waste Department; 3. Acquiring, designing, constructing, improving and equipping
municipal buildings, to wit: City Parks and Recreation Buildings and
facilities, Public Libraries, and Fire Department buildings, including land
acquisition and right-of-way, construction and design, and major repairing
and renovations to existing municipal buildings consisting primarily of
Heating Ventilation and Air Condition (HVAC), electrical, plumbing and
roofing; and 4. Acquisition of land and interest in land for authorized municipal
public purposes for City Departments, to wit: City Administration Department,
Health and Welfare Department, Parks and Recreation Department, Public Safety
Department, Public Works Department and Solid Waste X.
MOTIONS 11. Authorizing the City Manager to accept a 2003 Ford F-150
Super Cab Pickup Truck from the Drug Enforcement Administration. The vehicle will be utilized by the Laredo
Police Department for law enforcement purposes and the City of Laredo will be
responsible for any maintenance and insurance issues related to the
acceptance of this vehicle. (Approved by Operations Committee) 12.
Consideration to award supply contract number FY09-062
to the following bidders: 1)
Ciba Corporation, 2)
Polydyne Inc., The estimated
amount of this contract is $400,000.00 and the term of this contract shall be
for a period of two (2) years. These chemicals are used by the
Utilities Department for the production of potable water and the wastewater
treatment process. Funding is available in the Water and Wastewater Treatment
Division’s operating budgets. (Approved by Operations & Finance Committees) 13.
Approval of expenditures in the amount of $10,870.00
for students from the 14. Consideration for approval of Change Order #3 in the
amount of $247,320.75 to Jimmy Closner Construction Co. Inc., for the project
on Mines Road Colonias Water Distribution Systems Work Order #1 and subject
to the approval of the Texas Water Development Board (TWDB). This change order consists on the extension
of the 16” water line from Minerales crossing Santa Isabel Creek and
connecting to Santa Isabel Creek Water Well.
The construction contract time is extended for an additional eighty (80)
calendar days. The revised contract
amount is $2,332,823.25. The new
construction time including this change order will be 505 calendar days. Funding is available in the Colonias
Project Fund. (Approved by Operations & Finance Committees) 15. Authorizing the City Manager to approve payment from the
City’s Arena Renewal and Replacement Account for the purchase of half house drapes,
motors and upgrades to surveillance system in a total amount not to exceed
$105,000.00. Funding is available
under the Sports and Community Venue Fund. (Approved by Operations &
Finance Committees) 16. Referring the City of Laredo Comprehensive Plan to the
Planning and Zoning Commission and requiring that a report from the Planning
and Zoning Commission with any recommendations be brought back before the
City Council before the adoption of the budget; in accordance with Article
IX, Section 9.03 of the Charter of the City of Laredo. 17. Consideration to award an annual
supply contract number FY09-078 to the low bidder, Arguindegui Oil Co.,
Laredo, Texas, in the estimated amount of $3,500,000.00 for the purchase of
unleaded and diesel fuel for the City of Laredo's fleet. Funding is available in the Fleet
Maintenance Fund. (Approved by
Operations & Finance Committees) 18. Approving monthly adjustments to the tax roll. The amounts to be adjusted for the month of
June 2009 represent a decrease of $59,277.05.
These adjustments are determined by the Webb County Appraisal District
and by court orders. 19. Refund of property tax in the amount of $1,520.27 to the
following taxpayers; 1. A refund in the amount of $980.40 payable to Chapote Ranch
Ltd. due to an overpayment. Account #
900-00571-004. 2. A refund in the amount of $539.87 payable to Ro-Ja
Investments due to an overpayment.
Account #970-13006-280. 20. Consideration for approval to award a construction
contract to the lowest bidder Martinez Paving Co., Inc., Laredo, Texas, in
the bid amount of $1,266,209.00 for the Shiloh Drive Extension Project approximately
1,200 L.F. Construction contract time is one hundred eighty (180) calendar
days. Funding is available in the 2006
and 2007 C.O. Bond and the 2008 Utility Bond. (Approved by Operations &
Finance Committees) 21. Consideration for approval to award a construction
contract to the lowest bidder Zertuche Construction, Laredo, Texas, in the
bid amount of $1,781,671.06 for the Upper Zacate Creek Multi-Purpose
Detention Pond Drainage Channel Improvement Project from Gale Street to
Jacaman Road. Construction contract
time is two hundred forty (240) calendar days. Funding is available in the Zacate Creek
Detention Pond Project. (Approved by Operations & Finance Committees) 22. Consideration for approval to award a construction
contract to the lowest bidder ALC Construction, Inc., Laredo Texas, in the
amount of $322,742.00 for the Laredo Street Drainage Improvements, Phase
III. Construction contract time is one
hundred twenty (120) working days.
Funding is available in the 2007 Environmental Services C.O. (Approved
by Operations & Finance Committees) 23. Consideration for approval of the Channel Improvement
located at the northern part of Mary Help of Christians School as complete
and approval of Change Order No. 1 a decrease of $5,214.00 for the balance of
quantities actually constructed in place, release of retainage, and approval
of final payment in the amount of $46,829.20 to ALC Construction, Inc.,
Laredo, Texas. Final construction
contract amount is $471,838.00. Funding is available in the 2008 C.O. Issue.
(Approved by Operations Committee) 24. Authorizing the City Manager to execute a ground lease
agreement with the United States Government, Department of Homeland Security,
Customs and Border Protection for the placement of a Remote Video
Surveillance Camera at a selected location at Slaughter Park more thoroughly
described in the attached agreement.
The lease term is five (5) years with an annual rent of $1.00 in
arrears. (Approved by Operations Committee) 25. Authorizing the City Manager to allocate $50,000.00 to
pay for legal services rendered and to be rendered by the Law Firm of Denton,
Navarro, Rocha & Bernal in the matter of Fructuoso San Miguel V. City of Laredo, Cause No.
2008-CVF-000993-D3, in the 341st Judicial District of Webb County,
Texas. Funding is available in General
Fund. XI.
GENERAL COUNCIL DISCUSSIONS AND
PRESENTATIONS 26. a. A.
Request by Council Member Hector “Tito” Garcia 1.
Discussion with possible action on the status of traffic light on Clark Boulevard (Spur 400) and
Newport Avenue. 2.
Discussion with possible action to consider expanding the boundaries of
the Noise Abatement Program to include west of the 1600 block of East
Hillside Road. 3.
Discussion with possible action on the inconsistent water pressure within
the City of Laredo. B. Request by
Council Member Dr. Michael Landeck 1.
Discussion with possible action regarding the 2009-2010 budgets of the
City of Laredo’s procedures and related budget workshops timetable. XII.
STAFF REPORTS 27. Staff
report with possible action regarding Khaledi Bridge of the Americas, Ltd.
lease agreement with City of Laredo and whether “lifts” will be provided by
the City, and whether rent will be abated by the City for delays in use of
the leased premises that the tenant claims the City caused. 28. Status
report on negotiations of proposed Municipal Golf Course, with possible
action. 29. Presentation on the Chacon Creek Hike & Bike
Trail, Phase-1 Plans, with possible action. 30. Status
report regarding the Solid Waste Department operation, budget, and related
matters, with possible action. 31. Staff report with possible action to accept July 23, 2009, at 12:00 noon as the date and time for the submission of the FY 2010 Proposed Budget and the Capital Improvement Project (CIP) and setting August 10th, 11th, and 12th of 2009 as the City Council Budget Workshop. 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. ADJOURNMENT This notice was posted at the
Municipal Government Offices,
Gustavo Guevara, Jr.
City
Secretary |
