CITY OF LAREDO

CITY COUNCIL MEETING

A-2009-R-013

CITY COUNCIL CHAMBERS

1110 HOUSTON STREET

LAREDO, TEXAS 78040

July 20, 2009

5:30 P.M.

 

sgnhc024DISABILITY ACCESS STATEMENTsgnhc025

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 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 READING OF ORDINANCES 

 

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
Department and for the payment of legal, fiscal, and engineering fees in connection with such projects.

 

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, Suffolk, VA, for the purchase of cationic polymer and;                          

2)  Polydyne Inc., Riceboro, GA for the purchase of anionic and wastewater treatment polymers.      

 

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 Sister Cities Youth Committee to travel to Belfast, Ireland to participate in the Sister Cities International Youth Conference 2009 Bridging Differences:  Building a Peaceful Future.  Students will meet young individuals from around the world; participate in challenging group activities; teambuilding exercises; and multi-country simulation; engage in thought provoking discussions about peace building with other delegates as well as renowned practitioners in the field; gain tangible leadership skills and learn how to make the Sister Cities International Mission of Peace through People a reality.  Funds are available in the Sister Cities Youth Committee Account.  The flights were paid for by fundraising events by the Sister Cities Youth Committee totaling $15,666.72.  City Council finds and declares that a valid public purpose will be served by this expenditure.

 

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, 1110 Houston Street, Laredo, Texas, at a place convenient and readily accessible to the public at all times. Said notice was posted on Thursday, July 16, 2009 at 5:30 p.m.

                                                                       

 

 

                                                                          Gustavo Guevara, Jr.

                                                                   City Secretary