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CITY OF CITY COUNCIL
MEETING A-2009-R-015 CITY
COUNCIL CHAMBERS
August 17, 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 August
3, 2009 V.
COMMUNICATIONS AND RECOGNITIONS Recognitions a.
Recognizing the following students as 8th graders of the
year by Friends of the Family: ·
1st Place- Clarissa Carrillo, ·
2nd Place- Chamonix Mejia, ·
Communiqués a. Presentation by City of b. Presentation by Renewable Energy Technologies
on innovated green energy technologies. c. Invitation by the Central Labor
Council of Webb County, Texas AFL-CIO to the Labor Day event scheduled for September
7, 2009. 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 amending the City of Laredo Health Department FY 2008-2009
annual budget by appropriating revenues and expenditures in the amount of
$230,491.00 from the Texas Department of State Health Services, for
continuation of the Immunization Action Plan (IAP) Program of the Health
Department, including a projected amount of program income of $76,627.00 for
the period from September 1, 2009 through August 31, 2010. 2.
Public hearing and introductory ordinance authorizing the City Manager to accept a contract from
the Texas Department of State Health Services and appropriating revenues and
expenses in the amount of $74,582.00 for the Community Preparedness Section/Public
Health Emergency Preparedness (PHEP) Discretionary Fund Phase II for the
support of PHEP activities in particular the Early Warning Infectious Disease
Surveillance (EWIDS) Program and bio-safety level III laboratory for the term
period beginning July 24, 2009 through November 30, 2009. 3.
Public hearing for the adoption of a tax rate of $0.637000 per $100
value for the Tax Year 2009. The tax
rate will provide revenue for the general fund and debt service. The rate includes $0.512772 per $100 value
for Maintenance and Operation and $0.124228 per $100 value for Sinking Fund
of the Debt Service and is estimated to generate a tax levy of
$66,883,941.00. The City Council is
scheduled to vote on the tax rate on September 15, 2009 at 12:00 p.m. and
September 21, 2009 at 5:30 p.m. at City Council Chambers located at 1110 4.
Public hearing and introductory
ordinance amending
the Zoning Ordinance (Map) of the City of 5.
Public hearing and introductory ordinance amending the Zoning Ordinance
(Map) of the City of 6.
Public hearing and introductory
ordinance amending
Ordinance No. 2005-O-304 authorizing the issuance of a Conditional Use Permit
for maintenance and parts for forklifts on Lots 11 & 12, Block 432,
Eastern Division, located at (Recess) (Press Availability) VII.
FINAL 7.
2009-O-129 Amending the City of 2009-O-130 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 $250.00 per machine per year; increasing the
sealing fee from $150.00 to $250.00; repealing all ordinances in conflict;
providing for severability, publication and effective date. (AS AMENDED) 2009-O-131 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). 2009-O-132 Amending Section 33.431
(schedule of rates) of Article VII (Storm Water Fee) of Chapter 33
(Environmental Protection) of the Code of Ordinances, in order to increase
the stormwater rates for residential and multi-family 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. (AS AMENDED) 2009-O-133 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, term from January 1, 2009 through December 31, 2009; and amending
the City of Laredo FY 2008-2009 full-time equivalent positions by adding one
(1) Health Educator II position. (AS AMENDED) 2009-O-134 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. 2009-O-135 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 2009-O-136 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. 2009-O-137 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. 2009-O-144 2009-O-145 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); providing for publication and effective
date. 2009-O-146 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); providing for publication and
effective date. 2009-O-147 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 “B,”
and the site plan, Exhibit “C”; providing for publication and effective date.
(AS AMENDED) 2009-O-148 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; providing for
publication and an effective date. 2009-O-149 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 2009-O-150 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. 2009-O-151 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. VIII.
RESOLUTIONS
8. 2009-R-066 Authorizing the City Manager to execute two (2) addenda to the facilities rental service agreement dated February 4, 1980 between City and AEP Texas Central Company, as follows: 1. Addendum1 providing for monthly facilities rental charges of $4,611.04 for ESI ID: 10032789424596240; and 2. Addendum 2 providing for monthly facilities rental charges of $7,805.30 for ESI ID: 10032789419420260 based on the total cost of facilities as specified in the designed expansion improvements to be made to the Jefferson Street Water Treatment Plant. The total yearly rental charge of $148,996.08 will be funded by waterworks operations. 9.
2009-R-092 Confirming the appointment of Vidal Cantu, Jr. as
a member of the Fire Fighters’ & Police Officers’ Civil Service
Commission of the City of 10. 2009-R-093
Authorizing the City
Manager to sign a water rights sales agreement, attached hereto as Exhibit A
between the City of Laredo and Jose I. Trevino, et al, in which the City is
agreeing to purchase the right to divert and use 174.0 acre feet per annum of
class “B” irrigation water rights to the Rio Grande River which after
conversion from irrigation water rights to municipal use water rights amounts
to 69.60 acre feet of municipal use rights per annum at $2,250.00 per ac/ft.
for a purchase price of $156,600.00 and further authorizing the City Manager
to sign and file necessary application(s) with the Texas Commission on
Environmental Quality on behalf of the City requesting that said water rights
be severed from Certificate of Adjudication No. 23-199 of the seller and
combined with Certificate of Adjudication No. 23-3997, as amended, of the
City and that the point of diversion, purpose and place of use of said water
rights be changed as required by the City, funding is available in the Water
Availability fund. 11. 2009-R-096 Declaring the public necessity to
acquire the “Surface Only” of four (4) parcels of land for the Springfield
Avenue North Extension Project, said parcels of land being described as
follows and is more particularly
described by Metes and Bounds in Exhibits 1 to 4. Tract 1. A 0.0597 acre parcel more or less out of a 20 foot
wide community lane, situated in Porcion 22, Abstract 277, Original Grantee
Maria De Jesus, City of Tract 2. A 0.1039 acre
parcel, more or less, out of Arnulfo Santos property, called to contain 2.01
acres, recorded in volume 539, pages 886-889, Official Public Records of Webb
County, Texas; herein, described parcel situated in Porcion 22, Abstract 277,
Original Grantee Maria De Jesus, City of Laredo, Webb County, Texas. Tract 3. A 0.6778 acre
parcel, more or less, out of Iglesia Castillo Del Rey, Incorporated (ICDR)
Property, called to contain 2.00 acres, recorded in Volume 1230, Pages
139-141, Official Public Records of Webb County Texas; herein described
parcel situated in Porcion 22, Abstract 277, Original Grantee Maria De Jesus,
City of Laredo, Webb County, Texas. Tract 4. Lot 2, Block 15,
Crown Ridge Phase I Subdivision, City of Further authorizing staff
to negotiate with the owners for the acquisition of said parcels by purchase
at their market values established by a State Certified Real Estate
Appraiser; and authorizing the City Attorney to initiate condemnation
proceedings to acquire one or more of said parcels if staff is unable to
acquire one or more due to inability to agree to a purchase price, conflict
of ownership, owner refusal to sell, and/or inability to locate a listed
owner. 12. 2009-R-097 Authorizing the City Manager to sign a water rights
agreement attached hereto as exhibit A between the City of Laredo and
Geraldine McCann Sisco, where by the City is agreeing to purchase the right
to divert and use 207 ac/ft. per annum of Class “B” irrigation water rights
which after conversion from irrigation rights to municipal use rights amounts
to 82.80 ac/ft of municipal use rights per annum. A purchase price of $2,250.00 per ac/ft for
a total purchase price of $186,300.00 and further authorizing the City
Manager to sign and file necessary applications with the Texas Commission on
Environmental Quality on behalf of the City requesting that said water rights
be severed from Certificate of Adjudication No. 23-2774 and combined with
Certificate of Adjudication No. 23-3997 as amended and that the point of
diversion, purpose and place of use of said water rights be changed as
required by the City. Funding is
available in the water availability fund. IX.
MOTIONS 13. Consideration to reject all bids received for bid request
FY09-052, rehabilitation of sixty seven (67) manholes and sewer line cleaning
for the Utilities Department; and authorizing that new bids be
requested. The bid documents will be
revised to clarify the required scope of services for these manhole
repairs. 14. Consideration to award contract
FY09-086 to the sole bidder, Tommie Vaughn Motors Inc., 15. Request authorization for the
waiver of penalty and interest in accordance with Section 33.011 (a) of the
Property Tax Code. An incorrect zip
code on the taxing unit’s tax records caused or resulted in the taxpayer’s
failure to pay the tax before delinquency.
Request made by Dancor of Texas on tax accounts 942-80011-070 and
942-80011-080. The penalty and
interest amount is $1,285.33. 16. Consideration
to authorize the purchase of a Regional Management Information Systems (MIS)
from Embarq, Inc., through the Houston Galveston Area Council of Governments
(HGAC) cooperative purchasing in the total amount of $142,989.09 The
equipment and software will be installed at the Jim Hogg County Sheriff’s
Office, Laredo Police Department, Roma Police Department, Rio Grande City
Police Department, Starr County Sheriff’s Office, Webb County Sheriff’s
Office, and Zapata County Sheriff’s Office.
Funding is available in the 9-1-1 regional fund. 17. Consideration
to award a contract for $102,412.99 to Positron Public Safety Systems through
the Houston Galveston Area Council of Governments (HGAC) cooperative
purchasing program for digital aerial photography for Jim Hogg, Starr, Webb,
and Zapata counties. The aerial
photography will be used by 9-1-1 database personnel and 9-1-1 centers to
provide enhanced level of service.
Funding is available in the 9-1-1 Regional Fund. 18. Authorizing
the City Manager to execute a contract between the City of 19. Consideration
to authorize payment to nine (9) vendors (Embarq, Intrado, DIR, AT&T,
Sprint/Nextel, Verizon Southwest, Jim Hogg County, Starr County, Zapata
County and Laredo Community College) for providing existing 9-1-1 telephone network, database, wireless,
equipment maintenance, and training services for the four (4) county regional
9-1-1 system in the projected amount of $515,271.00. Payments are for the period September 1,
2009 through August 31, 2010. Funding
is available in the 9-1-1 Regional Fund. 20. Approving
monthly adjustments to the tax roll.
The amounts to be adjusted for the month of July 2009 represent an
increase of $23,223.14. These
adjustments are determined by the Webb County Appraisal District and by court
orders. 21. Consideration
for approval of the North Central Park—Phase 1A as complete and approval of
Change Order No. 3 a decrease of $11,407.79 for the balance of quantities
actually constructed in place, release of retainage, and approval of final
payment in the amount of $61,673.84 to Jerry Resendez Enterprises, Inc.,
Laredo, Texas. Final construction
contract amount is $1,233,476.71.
Furthermore, liquidated damages assessed for late completion and
accepted by contractor is (20 days at $550.00/day)--$11,000.00 to be deducted
as follows: $8,507.05 for in-kind work and $2,492.95 deduct from final
payment, therefore, net final payment is $59,180.89. Funding is available in the 2005 C.O. Bond
and 2006 C.O. Bond. 22. Consideration
for approval of the Texas/Piedra China Improvements Phase III--Paving as
complete, and approval of Change Order No. 1 a decrease of $32,529.00 for the
balance of quantities actually constructed in place, release of retainage and
approval of final payment in the amount of $33,818.00 to Reim Construction,
Inc., 23. Consideration
for approval to award a professional services contract to URS Corporation, 24. Consideration
to exercise the renewal option for one (1) additional year for contract FY 07-162
awarded to McNeilus Truck, 25. Consideration to award contract FY09-089 to the low
bidder, Gulf Coast Emergency Vehicles, 26. Consideration
for approval of the selection of consultant HKS Sports & Entertainment,
Dallas, Texas, in association with Humphries & Sanchez Architects,
Laredo, Texas, and Puig Engineering, Laredo, Texas, to provide feasibility
plans, surveys, designs, plans and specifications and construction services
for the Professional Baseball Facility to be located in the vicinity of the
Laredo Entertainment Center. 27. Motion
to authorize the City Manager to increase funding for the Laredo
Entertainment Center Operations from the Sports and Community Venue General
Sales & Use Taxes for FY08-09 in an amount not to exceed $207,990.00 for
an estimated total of $927,371.00. 28. Award
a construction contract to the lowest bidder Whitestone Construction Ltd. in 29. To
select the following ancillary providers for employees voluntary benefits:
Group Life Insurance to be provided by Fort Dearborn Life Insurance Company
with agent service provided by Laurel and Associates; group disability to be
provided by UNUM Insurance with agent service provided by Laurel and
Associates; group vision care to be provided by superior vision services on a
direct basis; group cancer, individual accident and individual critical
illness to be provided by Colonial Life as a package program with agent
service provided by Laurel and Associates; these benefit changes will be
effective October 1, 2009. X.
GENERAL COUNCIL DISCUSSIONS AND
PRESENTATIONS 30.
A. Request
by Council Member Dr. Michael Landeck 1.
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 B. 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 3.
Discussion with possible action on creating an
assessment for reconstruction and acceptance of XI.
STAFF REPORTS 31.
Discussion with possible
action regarding the Interlocal Cooperation Agreement between the City of XII.
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. XIII.
RECESS AS THE 32. 2009-RT-007 Authorizing the City Manager to apply for State Public
Transportation Funds for FY 2009-2010 in the amount of $708,885.00 with the
Texas Department of Transportation which is authorized to distribute State
Funds for Transit Capital and Operating Assistance in urbanized areas under
200,000 in population. 33. Consideration
to award annual supply contracts (FY 09-067) to the listed vendors for
providing bus and van fleet parts.
Contracts
will be awarded by item(s) to the lowest responsible bidder for parts most
commonly purchased for non-warranty repairs.
All items will be purchased on an as needed basis. Funding is available in the El Metro
Operations Fund. XIV.
ADJOURN AS THE This notice was posted at the
Municipal Government Offices,
Gustavo Guevara, Jr. City
Secretary |
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