CITY OF LAREDO

CITY COUNCIL MEETING

A-2009-R-014

CITY COUNCIL CHAMBERS

1110 HOUSTON STREET

LAREDO, TEXAS 78040

August 3, 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 July 20, 2009 and July 23, 2009

 

V.                 COMMUNICATIONS AND RECOGNITIONS

 

Recognitions

 

a. Recognition of the Greater Southwest Texas Combined Federal Campaign (CFC) for generating an 88.5% increase which was the best in the country in CFC contributions in Fiscal Year 2008. The award was presented to Mr. Gene Garza, Port Director on their behalf.

 

b. Recognizing the new Miss Laredo for 2009-2010, Casey Lea Rodriguez & Miss Laredo Teen for 2009-2010, Chelsea Morgensen.

 

c. Recognizing Joseph A. Santos, a 2009 St. Augustine High School graduate for being awarded a 4 year scholarship to the prestigious California Institute of Arts-Jenny Palter Memorial in Los Angeles, California.

d. Recognition of the City of Laredo Public Library for receiving the Texas Municipal Library Director’s Association’s Achievement in Excellence in Libraries Award.

 

e. Recognizing Kendra Katheleen Perez, 2009 Alexander High School graduate for being awarded a four (4) year $10,000.00 scholarship to St. Edward’s University.

 

Communiqués

 

a.      Presentation by Dean Schneider from TEES on the “Advanced Vapor Compression Desalination” project at the Santa Isabel Water Well.

 

b.      Presentation by The Laredo Art League to formally announce details of their upcoming 1st Annual Culinary & Art Auction.

 

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.      Re-appointment of Carmen Escamilla as South Texas Library System (STLS) Lay Representative and Beatrice Escamilla, Alternate Lay Representative for another two (2) year terms (September 1, 2009 through August 31, 2011) as required by the Texas Library Systems Act and Rules for Administering the Library System Act / Texas Administrative Code –Title 13: Part I: Chapter 1: Library Development Section 1.115 – 1.116 (Revised, 1993).

 

VII.             PUBLIC HEARINGS

                                                                     

1.          Public hearing and introductory ordinance amending the City of Laredo’s FY 2008-2009 General Fund annual budget to appropriate revenues and expenditures in the amount of $250,000.00 for attorney fees to be paid to De Anda Law Firm due to increased collections in delinquent property taxes.  The expenditures of attorney fees will only be incurred and disbursed if the revenue is collected. (Approved by Operations & Finance Committees)

 

2.          Public hearing and introductory ordinance amending the City of Laredo Code of Ordinances Chapter 18, Section 18-2.2 Letter (A) & (C), local permit fee for amusement redemption machine premises permit and increasing annual permit fee from $150.00 to $200.00; per machine per year; increasing the sealing fee from $150.00 to $200.00; repealing all ordinances in conflict; providing for severability, publication and effective date. (Approved by Operations & Finance Committees)

 

3.          Public hearing and introductory ordinance 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 being Grant Project No. 3-48-0136-58-09 in the amount of $2,000,000.00 for noise mitigation under FAR PART 150 Noise Abatement Program at the Laredo International Airport and appropriating said grant revenue and local match to the appropriate expenditure accounts and authorizing the City Manager to implement said budget amendment. The City’s local match of five (5) percent in the amount of $105,264.00 is available through the land purchased in FY2006 (Rash Tract). (Approved by Operations & Finance Committees)

 

4.          Public hearing and introductory ordinance amending Section 33.431 (schedule of rates) of Article VI (Storm Water Fee) of Chapter 33 (Environmental Protection) of the Code of Ordinances, in order to increase the stormwater rates for residential and multifamily customers and the rate for additional meters for commercial customers, from   $4.50 to $6.50 per month; providing for publication and providing for effective date. (Approved by Operations & Finance Committees)

 

5.          Public hearing and introductory ordinance amending the City of Laredo Health Department FY 2008-2009 annual budget by appropriating revenues and expenditures in the amount of $23,863.00 in additional funds for a total amount of $340,491.00 from the Texas Department of State Health Services for continuation of the Prevention Services for HIV Prevention Project of the Health Department beginning January 1, 2009 through December 31, 2009.

 

6.          Public hearing and introductory ordinance amending the City of Laredo Health Department FY 2008-2009 annual budget by appropriating revenues and expenditures in the amount of $34,833.00 in funds from the Texas Department of State Health Services and an estimated $440.00 in program income for continuation of the Health Department Maternal and Well Child services to provide early wellness and screening, medical and dental services for children who are underserved, uninsured and medically indigent for the term beginning September 1, 2009 through August 31, 2010.

 

7.          Public hearing and introductory ordinance amending the City of Laredo Health Department FY 2008-2009 budget by appropriating revenues and expenditures in the amount of $317,727.00 in funds from the Texas Department of State Health Services for the City of Laredo Health Department-Public Health Emergency Preparedness and response Program.  These funds are for the term period from August 1, 2009 through July 31, 2010 and authorizing the City Manager to execute the contract. (Approved by Operations & Finance Committees)

 

8.          Public hearing and introductory ordinance amending the City of Laredo Health Department FY 2008-2009 annual budget by appropriating revenues and expenditures in the amount of $134,342.00 in funds from the Texas Department of State Health Services, and an estimated $30,123.00 of Program Income for the continuation of the Health Department-La Familia Primary Health Care Prevention Program for the period of September 1, 2009, through August 31, 2010; and authorizing the City Manager to execute the contract.

 

9.          Public hearing and introductory ordinance amending the City of Laredo Health Department FY2008-2009 annual budget by appropriating revenues and expenditures in the amount of $92,000.00 in funds for continuation of prenatal care services, women’s health and well child early detection prevention care for the medically indigent, underserved and uninsured by the Health Department Maternal and Child Health (MCH- Title V) Program for the period beginning September 1, 2009 through August 31, 2010. (Approved by Operations & Finance Committees)

 

10.      Public hearing and introductory ordinance authorizing the issuance of City of Laredo, Texas Public Property Finance Contractual Obligations, Series 2009, in the approximately principal amount of $5,130,000.00 for the purchase of personal property; approving an official statement, authorizing the execution of a purchase contract, making provisions for the security thereof; authorizing amendment to the City’s budget to appropriate such proceeds for purposes authorized herein; and ordaining other matters relating to the subject.

 

11.      Public hearing and introductory ordinance authorizing the issuance of approximately $13,060,000.00 in aggregate principal amount of City of Laredo, Texas combination tax and revenue certificates of obligation, series 2009A, 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 Department, and Solid Waste Department; (3) acquiring, designing, construction, 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 repair and renovations to existing municipal buildings consisting primarily of 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; approving an official statement, authorizing the execution of a purchase contract, making provisions for the security thereof; authorizing amendment to the City’s budget to appropriate such process for purposes authorized herein; and ordaining other matters relating to the subject.

 

12.      Public hearing and introductory ordinance authorizing the issuance of approximately $12,450,000.00 in aggregate principal amount of City of Laredo, Texas combination tax and revenue certificates of obligation, taxable series 2009B (build America bonds- direct payment), 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-or-way, construction and design, and major repair and renovations to existing municipal buildings consisting primarily of 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; approving an official statement, authorizing the execution of a purchase contract, making provisions for the security thereof; authorizing amendment to the City’s budget to appropriate such proceeds for purposes authorized herein; and ordaining other matters relating to the subject.

 

13.      Public hearing and introductory ordinance authorizing the issuance of approximately $14,495,000.00 in aggregate principal amount of City of Laredo, Texas combination tax and waterworks and sewer system revenue certificates of obligation, series 2009C, for paying all or a portion of the City’s contractual obligations incurred for the purpose of constructing, improving and extending the waterworks system and sewer system, and for the payment of legal, fiscal and engineering fees in connection with such projects; approving an official statement, authorizing the execution of a purchase contract, making provisions for the security thereof; authorizing amendment to the City’s budget to appropriate such proceeds for purposes authorized herein; and ordaining other matters relating to the subject.

 

14.      Public hearing and introductory ordinance authorizing the issuance of approximately $37,345,000.00 in aggregate principal amount of City of Laredo, Texas combination tax and waterworks and sewer system revenue certificates of obligation, taxable series 2009D (Build America Bonds- direct payment), for paying all or a portion of the City’s contractual obligations incurred for the purpose of construction, improving and extending the waterworks system and sewer system, and for the payment of legal, fiscal and engineering fees in connection with such projects; approving an official statement, authorizing the execution of purchase contract, making provisions for the security thereof; authorizing amendment to the City’s budget to appropriate such proceeds for purposes authorized herein; and ordaining other matters relating to this subject.

 

15.      Public hearing and introductory ordinance amending Ordinance #2005-O-339 of the City of Laredo by renewing the effective date of the existing water conservation and drought contingency plans, as required by the Texas Commission on Environmental Quality and the Texas Water Development Board; providing for publication, severability, and an effective date. (Approved by Operations Committee)

 

16.      Public hearing and introductory ordinance amending Laredo Land Development Code, section 24-92 entitled, Amendments or District Changes, by revising the established conditions, requirements, and procedures for the initiation of Laredo Land Development Code Amendments, as well as the initation and/or reinitiation of changes to the Official Zoning Map, providing for publication and effective date.  The Planning and Zoning Commission has recommended approval of the amendment.

 

17.      Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lots 1-8, Block 2024, Eastern Division, located at 3210 Loop 20, from B-3 (Community Business District) to B-4 (Highway Commercial District).  The Planning and Zoning Commission has recommended approval of the zone change.  The proposed use is for a bingo hall.  District II

 

18.      Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by rezoning 16.8 acres, as further described my metes and bounds in attached Exhibit “A,” located south of Riverhill Loop and west of Nogal Lane, from R-2 (Multifamily Residential District) to R-1MH (Single Family Manufactured Housing District).  The Planning and Zoning Commission has recommended approval of the zone change.  The proposed use is for manufactured housing.  District III

 

19.      Public hearing and introductory ordinance amending Ordinance No. 2008-O-157 authorizing the issuance of a Conditional Use Permit for a children’s amusement establishment on Lots 4, 5, and 6, Block 700, Eastern Division, located at 1220 Guatemozin Street, by amending the narrative, Exhibit “A,” and the site plan, Exhibit “B.”  The Planning and Zoning Commission’s recommendation is pending. District III

 

20.      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 Lot 2A, Block 2, Lago Del Mar Subdivision, Unit 7, located at 2515 Del Mar Boulevard.  The Planning and Zoning Commission recommended approval of the Conditional Use Permit with the limitation of one hundred and seventy-six (176) machines.  District V

 

21.      Public hearing and introductory ordinance amending Ordinance No. 2008-O-138 authorizing the issuance of a Conditional Use Permit for a nursing home on 3.87 acres, located at the southeast corner of Rocio Drive and the proposed Tournament Trail Drive, by amending the site plan, Exhibit “B,” and allowing for transferability.  The Planning and Zoning Commission’s recommendation is pending. District V

 

22.      Public hearing and introductory ordinance amending Chapter 14, garbage, trash and refuse, Article II, rates for garbage and refuse collection and landfill operations, Section 14-9, rates, of the City of Laredo Code of Ordinances by changing Section (d) (3) to designate a special service fee for commercial establishment in the downtown central business district for garbage collection, and to change section (c) to increase the garbage collection fee for commercial establishments to thirty-five dollars ($35.00), forty-five dollars ($45.00), eighty dollars ($80.00), and one hundred ten dollars ($110.00) depending on square footage of the establishment, and to increase the garbage collection fee for commercial establishments located in the downtown central business district to seventy dollars ($70.00), ninety dollars ($90.00), one hundred sixty dollars ($160.00), and two hundred twenty dollars ($220.00) depending on square footage of the establishment, and by changing section (h) to increase all commercial tipping fees in the landfill by one dollar fifty cents ($1.50), as all other fees remain in effect; and to provide for effective date and publication.

 

(Recess)

(Press Availability)

 

VIII.           INTRODUCTORY ORDINANCES

 

23.      Closing as a public easement, that section of South Bartlett Avenue between Marion and Gates Streets, also known as the 300 Block of South Bartlett Avenue, situated in the Eastern 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)

 

IX.               FINAL READING OF ORDINANCES 

 

24.       

2009-O-119 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.

 

2009-O-123 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.

 

2009-O-124 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.

 

2009-O-125 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.

 

2009-O-126 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.

 

2009-O-127 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.

 

2009-O-128 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.

 

X.                 RESOLUTIONS

 

25.      2009-R-084 Authorizing the City Manager to submit a grant application to State Farm Insurance Corporation in the amount of $6,000.00 for promotional supplies for the Autotheft Task Force.  The grant is to be funded under the State Farm Safe Neighbors Program for the period of October 01, 2009 through September 30, 2010 at no cost to the City.

 

26.      2009-R-086 Authorizing the City Manager to enter into and execute a Memorandum of Understanding, attached hereto as Exhibit A, between the City of Laredo Police Department and the Department of Veterans Affairs, South Texas Veterans Health Care System (STVHCS) for the purpose of providing assistance on a special needs basis at the Veterans Affairs facilities.

 

27.      2009-R-087 Authorizing the City Manager to enter into and execute a Memorandum of Agreement, attached hereto as Exhibit A, between the City of Laredo Police Department and the Texas Military Forces for the purpose of providing counter drug support. (Approved by Operations Committee)

 

28.      2009-R-088 Authorizing the City Manager to enter into and execute a Memorandum of Understanding, attached hereto as Exhibit A, between the City of Laredo Police Department and the Laredo Independent School District (LISD) Police Department for the purpose of outlining communication and coordination efforts among each other to better serve the community and schools. (Approved by Operations Committee)

 

29.      2009-R-089 Authorizing the City Manager to enter into and execute a Memorandum of Understanding, attached hereto as Exhibit A, between the City of Laredo Police Department and the United Independent School District (UISD) Police Department for the purpose of outlining communication and coordination efforts among each other to better serve the community and schools. (Approved by Operations Committee)

 

30.      2009-R-094 Authorizing the City Manager to submit a grant application to the Texas Water Development Board (TWDB) to obtain a grant in the amount of $48,196,000.00 to fund various projects as part of the American Recovery and Reinvestment Act (DWSRF). (Approved by Operations & Finance Committees)

 

XI.               MOTIONS

 

31.      Consideration to award of supply contract number FY09-084 to Leyendecker Materials, Laredo, Texas, in the estimated amount of $5,000,000.00 for the purchase of asphalt type “D” hot mix and asphalt type “D” hot mix with 1% lime (picked up the vendor’s yard and job site is delivered).  The term of this contract for a one (1) year period and is subject to availability of funds.  All materials are purchased on an as needed basis utilizing the Public Works Department, construction projects budgets. (Approved by Operations & Finance Committees)

 

32.      Consideration to award contract FY09-083 to the following bidders:

 

1. Rush Truck Center, Laredo, Texas in the estimated amount $70,000.00 for the purchase of Peterbilt original equipment manufacturer (OEM) parts;

 

2. Family Chevrolet, Laredo, Texas in the estimated amount of $20,000.00 for the purchase of General Motors original equipment manufacturer (OEM) parts;

 

3. Freightliner of Laredo, Laredo, Texas in the estimated amount of $20,000.00 for the purchase of Freightliner original equipment manufacturer (OEM) parts.

 

These parts will be purchased for the City’s medium and heavy duty trucks on an as needed basis.  Funding is available in the Fleet Maintenance budget. (Approved by Operations & Finance Committees)

 

33.      Consideration to renew contract number FY08-098 currently awarded to System Controls & Instrumentation, Converse, Texas, in the estimated amount of $266,025.00 for providing professional services in the maintenance of all water and wastewater SCADA monitoring and electrical controls under preventative maintenance and emergency responsive objectives.  Pricing is based on a flat hourly rate for management/ professional, technician, electrician, CAD Draftsmen, and clerical services.  Funding is available in the Water and Wastewater Operational Funds. (Approved by Operations & Finance Committees)

 

34.      Consideration for approval of Change Order number 1, acceptance and release of final payment in the amount of $21,832.89 to T. Gray Utility & Rehab Co. The Manhole Rehabilitation Project Phase I and Change Order Number 1 consisted of the replacement of a concrete manhole that collapsed during the project construction.  Final construction contract amount is $202,203.91.  Funding for Change Order Number 1 and release of final payment is available in the Sewer Rehabilitation Fund. (Approved by Operations Committee)

 

35.      Consideration to award contract FY09-077 to the lowest bidder, Rhino Builders, Laredo, Texas, in the estimated amount of $54,730.00 for the modifications to the overflow pipes for the Lyon Street and the Milmo Avenue water storage tanks. Funding for this project is available in the Utility Department Fund. (Approved by Operations & Finance Committees)

 

36.      Consideration to renew contract number FY07-125 awarded to the sole bidder, Landfill Service Corporation, Apalachin, NY, in the amount of $396,000.00 for a two-year contract for providing materials for an alternative daily cover system for the landfill operation.  This system utilizes a spray-applied, fiberized, cement mortar which includes the use of recycled materials to replace the use of limited on-site natural soils currently used by the City to cover the daily solid waste at the disposal area.  The City is currently required to cover the waste on a daily basis with a minimum of six (6) inches of compacted soil.  This results in an increased cell capacity for future solid waste disposal and significant cost savings in heavy equipment and manpower.  Funding for this contract is available in the Solid Waste Fund and would be subject to future appropriations. (Approved by Operations & Finance Committees)

 

37.      Consideration to award supply contract number FY09-075 to SCC Pure Materials Inc., Laredo, Texas, in the estimated amount of $214,000.00, for the purchase of flexible base crushed concrete.  The term of this contract is for a one (1) year period and is subject to the availability of funds.  All materials are purchased on an as needed basis utilizing the Public Works Department, Utilities Department, and construction projects budgets. (Approved by Operations & Finance Committees)

 

38.      Consideration for approval of the Father McNaboe Park Phase II – Step “A” as complete and approval of change order no. 1 an increase of $13,400.00, release of retainage, and approval of final payment in the amount of $49,879.84 to Reim Construction, Inc., Alton, Texas.  Final construction contract amount is $700,816.80.  Funding is available in the 2005 C.O. Issue, Father McNaboe Park Improvements Phase II. (Approved by Operations Committee)

 

39.       Approval of the 2009 Certified Appraisal Roll from the Webb County Appraisal District for the development of the City’s tax roll, acceptance of the Effective and Rollback Tax Rate calculations for Tax Year 2009, and setting of the public hearing dates and August 17th and September 8th, 2009 for the proposed tax rate of $0.637000/$100 value.  Final Appraisal Roll and Effective and Rollback Tax Rate calculations will be submitted to City Council at the meeting.

 

40.      Consideration for approval of the completion of the project to design, construct,  and install shade structures at seven (7) designated parks namely

 

*Blas Castaneda Park

*Market Tennis Courts

*Andrew Trautmann

*Father McNaboe Park

*Chapparral Park

*Albert Ochoa Park

*Azteca Park

 

by USA Shade and Fabric Structures, Inc., Dallas, Texas, and authorization to release retainage, approval of final pay estimate in the amount of $224,877.00.  Final construction contract amount is $224,877.00.  Funding is available in the Capital Improvement Fund - Lamar Bruni Vergara Shade Structure Project. (Approved by Operations & Finance Committees)

 

41.      Consideration for approval of the Airport Truck Route Water Utilities Improvements as complete and approval of change order no. 1 a decrease of $89,697.14 for the balance of quantities actually constructed in place and a decrease of ten (10) working days from the construction contract time, release of retainage, and approval of final payment in the amount of $83,123.24 to Closner Construction Company, L.C., Laredo, Texas; also since the project was reduced in scope, consideration for approval to waive the City Policy of 25% maximum change in construction change orders and approval of change order no. 1 a 33% decrease as negotiated with the contractor and with the City Utilities Department purchasing the contractor’s surplus materials in the amount of $71,942.52.  Final construction contract amount is $183,749.36.  Funding is available in the 2007 Utility Revenue Bond. (Approved by Operations & Finance Committees)

 

42.      Authorizing the City Manager to execute a joint use agreement between the City of Laredo and Diocese of Laredo to construct an outdoor basketball court on the grounds of St. Augustine High School, a school site that is owned by the Diocese and located at 1300 Galveston, Laredo, Texas.  Funding for the construction of the Facility shall not exceed thirty thousand dollars ($30,000.00).  The term of this agreement shall commence upon execution by both parties and shall remain in effect for fifty (50) years.  City Council finds and declares that a valid public purpose would be served.  Funding is available in the 2007 C.O. Discretionary Funds District III, IV, and VIII. (Approved by Operations Committee) 

 

43.      Refund of property tax in the amount of $1,615.21 payable to D&J Alexander Management LP due to an overpayment.  Account #987-25006-150.

 

44.      Consideration for approval of the City Manager to purchase a mobile communications command center from the Texas Association of Local Health Officials (TALHO) the sole vendor in the amount of $110,500.00 for this emergency preparedness action for the Health Department’s Public Health Emergency Preparedness Program.  This will be used for an integrated communication command center response for any potential public health emergency.  Funds are available in the Health Department’s Public Health Emergency Preparedness Discretionary Funds Phase II. (Approved by Operations & Finance Committees)

 

45.      Approving the submission of the 2009 Consolidated One Year Action Plan which identifies the projects proposed to be funded by the U.S. Department of Housing and Urban Development through $3,634,339.00 in 35th Action Year Community Development Block Grant (CDBG) funds, and $96,066.00 in CDBG Program Income; $1,389,582.00 in 2009 HOME Investment Partnerships Program (HOME) funds, and $20,006.00 in HOME Program Income; $159,838.00 in 2009 Emergency Shelter Grant (ESG) funds; and $70,000.00 through the Housing Rehabilitation Revolving Loan fund.  The projects proposed to be funded are as follows:

 

Community Development Block Grant

 

Community Development Administration                                        $664,392                                                                                                                             

Housing Rehabilitation Administration                                            $237,640

Housing Rehabilitation Loan Program ($96,066 in PI)                  $490,274

Code Enforcement                                                                            $462,716

Graffiti Removal Program                                                                   $49,282

Hamilton Hotel - Section 108 Loan Repayment                             $150,901

ADA Sidewalk Improvements                                                          $200,000

Civic Center Soft Track                                                                     $211,000

Freddie Benavides Sports Complex Shade Structure                    $75,000

George Washington Park Playscape Shade Structure                   $30,000

Heritage Park Improvements                                                            $210,700

Santa Fe Secondary Baseball Field                                               $210,700

Sidewalks District I                                                                            $105,700

Sidewalks District IV                                                                         $210,700

Sidewalks District V                                                                          $210,700

Sidewalks District VII                                                                         $210,700

Total                                                                                                 $3,730,405

 

Housing Rehabilitation Revolving Loan Program                             $70,000

 

HOME Investment Partnership Grant

 

HOME Program Administration                                                       $138,494

Downpayment Assistance ($20,006 in PI)                                     $722,656

Tenant-Based Rental Assistance                                                    $340,000

Azteca Economic Development and Preservation

Corp. Apartments (CHDO set aside)                                              $208,438

Total                                                                                                 $1,409,588

 

Emergency Shelter Grant

 

ESG Program Administration                                                               $3,000

Bethany House Shelter Complex Homeless Prevention                 $33,000

Bethany House Shelter Complex Operations                                   $58,403

Casa de Misericordia Operations                                                     $25,000

Bethany House Shelter Complex Essential Services                      $40,435

Total                                                                                                    $159,838

 

46.      Consideration to award contract FY09-052 to the lowest bidder meeting specifications, Closner Construction, Laredo, Texas, in the estimated amount of $1,173,418.06 for the rehabilitation of sixty seven (67) manholes and sewer line cleaning for the Utilities Department.  The City received a lower bid from National Works however, the recommendation is not to award a contract to this vendor based on incomplete pricing for required services.  Funding for this project is available in the 2008 Utility Bond. (Approved by Operations & Finance Committees)

 

47.      Consideration to award a contract with Jacobs, Inc. for an amount not to exceed $71,000.00 for the professional services to include the design of the Haynes Storm Water Management pond and the preparation of the implementation plan for the Killam Lake Mitigation, approved by the Army Corps of Engineers (USACE project # 199700515) along the Chacon Creek.  Funding is available in the Environmental Services and Solid Waste Funds.  (Approved by Operations & Finance Committees)

 

48.      Consideration for approval of amendment no. 1 an increase of $116,570.00 to the professional services contract with Sepulveda Associates Architects, Inc., Laredo, Texas for the New Laredo Fire Department Administration Center and Site Improvements for the new replacement of Fire Station No. 8 (four bays) with second level floor preparation for future development of the new Emergency Operation Center (EOC). Current engineering contract amount including this amendment no. 1 is $830,895.00. Funding is available in the Fire Department Headquarters –2006 C.O. (Approved by Operations & Finance Committees)

 

XII.             GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS

 

49.       

a.       

A.                 Request by Mayor Raul G. Salinas

 

1.           Discussion with possible action on the status of the installation of cameras at designated parks, pools and city facilities. (Co-sponsored by Council Member Cynthia Liendo Espinoza)

 

2.           Discussion with possible action regarding the status of canopies at the Gateway of the Americas Bridge (Bridge No. 1). (Co-sponsored by Council Member Cynthia Liendo Espinoza)

 

3.           Status report regarding the Animal Shelter’s overcrowding conditions and efforts to promote adoption, with possible action.

 

B.                 Request by Mayor Pro-Tempore Mike Garza

 

1.           Discussion with possible action on directing the City Manager to formally request support from Police and Fire Unions to help fund pay raises for all City employees.

 

2.           Discussion with possible action on an election in November and items to be presented on the ballot.

 

C.                Request by Council Member Hector “Tito” Garcia

 

1.           Discussion with possible action on installing speed cushions on Guerrero St. as a pilot project utilizing discretionary funds.

 

2.           Presentation on this year’s One City, One Book initiative and discussion with possible action for the City of Laredo to cover the cost of the author’s reception and to waive the Civic Center fees for the night of the author’s lecture.

 

 

D.                Request by Council Member Dr. Michael Landeck

 

1.           Discussion with possible action and report by the police chief of all issues regarding the police department that require changes and/or readjustments in the police department’s planning/budget as the result of the non allocation of the expected COPS federal grant financing.

 

2.           Discussion and possible action regarding the possible construction of a baseball park including a report/presentation as a follow-up to the visit conducted by representatives of the city council and administration at the Air Hogs baseball stadium in Grand Prairie.

 

             E.        Request by Council Member Johnny Rendon

 

1.           Discussion with possible action to obtain a cost estimate for sidewalks between Yucca Drive and Rita, located on the south side of Calton Road, using discretionary funds.

 

2.           Update on Bartlett Avenue Extension Project, with possible action.

 

             F.         Request by Council Member Gene Belmares

 

1.           Discussion with possible action on placement of speed humps for District VI.

 

2.           Status report with possible action on a water park request for proposals for the development of a water park in the Laredo Entertainment Center area.

 

             G.        Request by Council Member Jose A. Valdez, Jr.

 

1.           Update and discussion regarding the City of Laredo’s first Home Expo held on July 11-12, 2009 at the Laredo Entertainment Center.

 

XIII.           STAFF REPORTS

 

50.      Discussion with possible action to consider Police Officer Arturo Benavides first request for an extension of Injury Leave with pay in accordance with 143.073 (b) of the Texas Local Government Code.  Officer Benavides is currently out on injury status.

 

51.      Discussion with possible action to consider Police Lieutenant Pedro Sarmiento’s third request for an extension of Injury Leave with pay in accordance with 143.073 (b) of the Texas Local Government Code.  Lieutenant Sarmiento returned to duty on July 6, 2009.

 

52.      Status report on negotiations of proposed Municipal Golf Course, with possible action.

 

XIV.         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.

 

53.      Request for executive session pursuant to Texas Government Code Section 551.07 (1)(A) & (B) for consultation with the City Attorney regarding pending litigation and possible settlement of Adriana Haro, Corey Haro and Valley Association for Independent Living v. City of Laredo, Texas; Civil Action No. L-08-CV-104, in the United States District Court Southern District of Texas Laredo Division; and return to open session for possible action.

 

54.      Request for executive session pursuant to Texas Government Code Section 551.072 to deliberate the possible purchase and value of real property pertaining to four (4) potential transactions.   

 

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

                       

55.      Consideration to award annual supply contract number FY09-079:

 

1. To the low bidder, Petroleum Traders, Fort Wayne, IN, in the estimated amount of $1,124,982.00 for the purchase of unleaded and low sulfur diesel fuel, for the transit system’s fleet; or

 

2. To Arguindegui Oil Co., LTD., Laredo, Texas in the estimated amount of $1,126,476.00 for the purchase of unleaded and low sulfur diesel fuel, for the transit system’s fleet utilizing the local bidder’s preference provision of the State of Texas Local Government Code.  Arguindegui Oil Co., LTD, qualifies for the “local bidder’s preference” pursuant to section 271.905 of the State of Texas Local Government Code because;

 

1) Arguindegui Oil Co., LTD’s principal place of business is in Laredo, Texas;

 

2) Arguindegui Oil Co., LTD’s bid is within 5% of the lowest bid and therefore the Mass Transit Board may find that Arquindegui Oil Co., “offers the local government the best combination of contract price and additional economic development opportunities for the local government created by the contract award, including the employment of residents of the local government and increased tax revenues for the local government” –TLGC Section 271.905 (b) (2).

 

Funding is available in the Transit Fund. (The Operations & Finance Committees recommended Arguindegui Oil Co., Ltd as local preference)

  

XVI.         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, July 29, 2009 at 6:15 p.m.

                                                                       

 

 

                                                                        Gustavo Guevara, Jr.

                                                                        City Secretary