|
CITY OF CITY COUNCIL
MEETING A-2009-R-19 CITY
COUNCIL CHAMBERS
OCTOBER 19, 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.
COMMUNICATIONS AND RECOGNITIONS Communiqués a. Presentation by
Anselmo “Chemo” Castro, President of the Washington’s Birthday Celebration
Association (WBCA), regarding WBCA’s upcoming events. 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. V.
APOINTMENTS TO COMMISSION, BOARDS AND
COMMITTEES a.
Appointments by Council
Member Cynthia Liendo Espinoza of Manuel Romo to the Vehicles
for Hire Ad Hoc Committee. b.
Appointments by Council
Member Cynthia Liendo Espinoza of Dagoberto Carmona to the Drug and Alcohol
Commission. c.
Appointments by City
Council to the Drug and Alcohol Commission. VI.
PUBLIC HEARINGS 1.
Public hearing and introductory ordinance amending the FY 2009-2010 9-1-1 Regional Administration
budget by increasing revenues and expenditures in the amount of $17,892.00
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. (Approved by Operations Committee) 2.
Public hearing and introductory ordinance amending the City of Laredo Health Department FY2009-2010
annual budget by appropriating revenues and expenditures in the amount of
$135,807.00 from the South Texas Development Council through funding from the
Texas Department of State Health Services for the continuation of the Health
Department HIV/Health & Social Services, for the period of September 1,
2009 through August 31, 2010. (Approved by Operations & Finance Committees)
3.
Public hearing and introductory ordinance authorizing the City Manager to enter into an agreement
with the Drug Enforcement Administration in the amount of $40,422.00 and
amending the FY 2009-2010 City of 4.
Public hearing and introductory ordinance amending
the City of Laredo Fiscal Year 2009-2010 Full Time Equivalent positions (FTE)
by adding four (4) positions, two (2) Civil Engineer II (P.E.) grade 42 and
two (2) Construction Inspectors grade 32; all four (4) will be mainly
responsible for project management, engineering/construction monitoring and
quality control of the Jefferson Water Treatment Plant Expansion project and
North Laredo and South Laredo Wastewater Treatment Plants Projects. Total costs for these positions, including
benefits, is $261,100.00 and funding is available in the 2008 Utility Bonds. (Approved by Operations &
Finance Committees) 5.
Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Staff supports the Conditional
Use Permit and the Planning and Zoning Commission has recommended approval of
the Conditional Use Permit. District I 6.
Public hearing and introductory ordinance amending the Zoning Ordinance
(Map) of the City of Staff
does not support the zone change and the Planning and Zoning Commission has
recommended approval of the zone change.
District IV 7.
Public hearing and introductory ordinance amending the Zoning Ordinance
(Map) of the City of Laredo by authorizing a Conditional Use Permit for
offices (professional) on Lots 7 & 8, Block 1259, Eastern Division,
located at 2202 and 2204 Locust Street. Staff
does not support the Conditional Use Permit and the Planning and Zoning
Commission has recommended approval of the Conditional Use Permit with the
addition of the following conditions:
provide an undivided barrier to prohibit all means of access along
Locust Street; remove billboard signage from the premises; and provide a
sidewalk along Bartlett Avenue for the length of the property. District IV 8.
Public hearing and introductory ordinance Amending the Zoning Ordinance
(Map) of the City of Laredo by authorizing a Special Use Permit for oil
and/or gas exploration in Unitec Industrial Park, Hachar Ranch, Milo Distribution
Center, San Isidro East Point, Crossroads, El Portal Industrial Park, Killam
Industrial Park, Laredo Distribution Center, Embarcadero, InterAmerica
Distribution, International Trade Center, Pan American Business Park, Quivira
Project, Millennium Industrial Park, and the right-of-way of F.M. 1472,
located within the corporate limits of the City of Laredo. Staff
supports the Special Use Permit and the Planning and Zoning Commission has
recommended approval of the Special Use Permit. Districts VI and VII 9.
Public hearing and introductory ordinance amending the Zoning Ordinance
(Map) of the City of Staff
supports the zone change and the Planning and Zoning Commission has
recommended approval of the zone change.
District VII 10. Public
hearing and introductory ordinance
amending the Zoning Ordinance (Map) of the City of Staff
supports the Conditional Use Permit and the Planning and Zoning Commission
has recommended approval of the Conditional Use Permit. District VIII (Recess) (Press Availability) VII.
INTRODUCTORY ORDINANCES 11.
Authorizing the City Manager to execute an amendment to the lease
agreement authorized by Ordinance No. 2001-O-278 on November 26, 2001, with
ASA Group, Ltd., for Tract No. 6 and Tract No. 7 of Block 1 of the
Subdivision Plat of the Laredo International Airport Terminal Subdivision
located at the 12.
Authorizing the City Manager to execute a lease
with Laredo International Sports Hall of Fame for approximately 30 square
feet of space located at the 13.
Authorizing the City Manager to enter into a lease
with Jesse Martinez & Hector Martinez of the tract of land of 15,433.46
sq. ft. (0.3543 of an acre), out of that former section of the 300 block of
South Bartlett Avenue between Marion and Gates Streets, in the Eastern
Division, City of Laredo, Webb County, Texas.
The term of this lease is a one (1) year term and month-to-month;
thereafter, with an effective date of November 1, 2009, at a monthly rent of
$47.50. Copy of lease is attached as Exhibit 1 of which Exhibit A is a metes
and bounds description of the tract; and providing for an effective date. (Approved by Operations Committee) 14.
Authorizing the City Manager to execute a lease agreement with AEP
Texas Central Company, a Texas Corporation for approximately 15,000 square
feet of warehouse space situated within a 3.0 acre tract of land located at 15.
Authorizing the City Manager to execute an Amendment to Ground Lease
(“Lease”) by and between the City of Laredo, a municipal corporation
(“Landlord”), and Entravision Communications Company, L.L.C. (“Tenant”) dated
September 30, 1999 and attached hereto; to allow an extension of said
agreement until May 12, 2010; assign tower to the City of Laredo; and amend
the Notice Section; except as amended by this Amendment, all other terms and
conditions remain the same. (Approved by Operations
Committee) VIII.
FINAL 16.
2009-O-181 Amending Chapter 11 entitled (Electricity)
of the Code of Ordinance of the City of Laredo by amending Section 11-2, of
the Laredo Code of Ordinances by adopting with modification and amendments,
the 2008 edition of the National Electrical Code of the National Fire
Protection Association, Inc.; deleting sections 11-6, 11-23, 11-25, 11-27,
11-61, 11-64; modifying sections 11-4, 11-7, 11-22, 11-43; amending section
11-24 registration fees for contractors; amending section 11-44 basis fees
from $20.00 to $25.00 and re-inspection fees from $10.00 to $50.00; adding
section 11-65 providing a penalty not to exceed $2,000.00; providing a saving
clause; providing severability clauses; and providing an effective date. 2009-O-182 authoring the City Manager to
execute a contract with the Texas Department of State Health Services for the
continuation of the Women, Infants and Children (WIC) program of the City of
Laredo Health Department for the term period October 1, 2009 through
September 30, 2010; and amending the FY 2009-2010 City of Laredo full-time
equivalent positions by adding one (1) full-time equivalent breastfeeding
peer lay educator position with benefits (226-6008) and one (1) full-time
equivalent nutritionist position with benefits (226-6009). (AS AMENDED) 2009-O-183 Amending the City of Laredo
Health Department FY 2009-2010 annual budget by authorizing the City Manager
to accept, execute and appropriate revenues and expenditures in the amount of
$40,000.00 for the Texas Mexico Bi-National Solid Waste Reduction and Vector
Control Border 2012 grant to provide prevention, disease control, and health
promotion activities from the Border Environment Cooperation Commission for
the term period of October 1, 2009 through March 31, 2011. 2009-O-184 Amending the City of 2009-O-185 Amending the City of Laredo FY
2010 Airport Construction Budget to recognize additional revenues from a
grant received from the Federal Aviation Administration Airport Improvement
Program Grant Project No. 3-48-0136-057-09 in the amount of $3,092,510.00 to
rehabilitate General Aviation Apron Phase 4, Rehabilitate Runway 17R/35L edge
lights, signs, upgrade electrical vault to include replacing regulators and
emergency power generator(s), rehabilitate edge lights at Runway 17L and
Taxiway J and engineering work to extend Runway 17R/35L at the Laredo
International Airport and appropriating said grant revenue to the appropriate
revenue and expenditure accounts and authorizing the City Manager to
implement said budget amendment. The City’s local match in the amount
of $163,764.00 (5%) is available through the land purchased in FY2006 (Rash
Tract). 2009-O-186 Setting the maximum speed
limits on that portion of 2009-O-187 Authorizing the City Manager
to convey a 15 foot easement to AEP for an overhead power line from Las
Peñitas Road through the City’s 30 acre site for the Peñitas Wastewater
Treatment Plant in order for AEP to provide electric service for the plant,
copy of which easement is attached as Exhibit 1, and copy of the location of
the power pole is shown on Exhibit A of Exhibit 1; and providing for an
effective date. 2009-O-188 Amending Ordinance No.
2007-O-016 providing for a lease agreement by and between the Laredo Transit
Management, Inc. and the City of Laredo Department of Community Development
by increasing the leased space at the Laredo Transit Center located at 1301
Farragut by 1,016 sq. ft. from 6,628 sq. ft. to 7,644 sq. ft. for a monthly
sum of $5,289.65 and increasing the Community Development’s prorated share of
the electric and water bills from 20% to 25% for the remaining term of the
existing lease that expires February 2010. All other terms of the agreement
will remain the same. This action is contingent upon the continued
availability of grant funding and as a result of recently funded programs
through the American Reinvestment and Recovery Act (ARRA). 2009-O-189
Authorizing the City Manager to accept and execute the Texas Department of
Transportation (TXDOT), Section 5317, New Freedom (NF) Project Grant
Agreement #51022F7072 in the amount of $218,624.00 with a local match of
$54,656.00, for a grant total of $273,280.00; and to amend the FY 2009-2010
Transit Capital Grants Budget by appropriating the same amount for the
purchase of Americans with Disabilities Act (ADA) vehicle equipment (as
amended.) 2009-O-190 Authorizing the City Manager to accept and execute the
Federal Transit Administration (FTA) Grant TX-04-0047, Section 5309, in the
amount of $714,000.00 with a local match of $178,500.00, for a total grant
budget of $892,500.00; and to amend the FY 2008-2009 Transit Capital Grants
Budget in the amount of $892,500.00 to be used for the Transit
“Administrative/ Operational/ Maintenance Facility”. IX.
RESOLUTIONS
17.
2009-R-116 Authorizing the City Manager to accept a grant from the
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 1, 2009 through September 30, 2010 at no cost to
the city. (Approved by Operations Committee) 18.
2009-R-118 Authorizing the City Manager to sign a water rights
agreement attached hereto as Exhibit A between the City of Laredo and John
Nelson Mozingo and wife Shelly Jean Bell Mozingo and W.G. Bell Jr. where by
the City is agreeing to purchase the right to divert and use 216.375 A/F per
annum of Class “B” irrigation water rights which after conversion from
irrigation rights to municipal use rights amounts to 86.55 A/F of municipal
use rights per annum. A purchase price of $2,250.00 per A/F for a total
purchase price of $194,737.50 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. 23-349A 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. (Approved by Operations
& Finance Committees) 19.
2009-R-119 Authorizing the City Manager to sign a water rights
agreement attached hereto as Exhibit A between the City of Laredo and Salinas
Investments where by the City is agreeing to purchase the right to divert and
use 88 A/F per annum of Class “A” irrigation water rights which after
conversion from irrigation rights to municipal use rights amounts to 44 A/F
of municipal use rights per annum. A purchase price of $2,250.00 per A/F for
a total purchase price of $99,000.00 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. 23-2762 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. (Approved by Operations & Finance Committees)
20.
2009-R-120 Accepting a grant in the amount of $40,000.00 from the
Texas Department of Transportation for performance of the Commercial Motor
Vehicle Selective Traffic Enforcement Program from October 1, 2009 through
September 30, 2010. This grant is for
overtime salaries. The City of 21.
2009-R-121 Accepting a grant in the amount of $99,806.00 from the
Texas Department of Transportation for Enforcement of Comprehensive Selective
Traffic Enforcement Program. The grant
period will begin October 1, 2009 and runs through September 30, 2010. This grant is for overtime salaries. The City of 22.
2009-R-122
Authorizing the City Manager to enter into and
execute a Memorandum of Understanding, attached hereto as Exhibit A, between
the United States Department of Justice, Drug Enforcement Administration
(DEA) and the Laredo Police Department for the purpose of assigning one (1)
experienced officer to the DEA Task Force. (Approved by
Operations Committee) 23.
2009-R-123
Authorizing the City Manager to accept a grant from
the Texas Water Development Board (TWDB) 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) 24.
2009-R-127
Supporting and participating in the South Texas
Development Council; and authorizing payment of $45,496.40 for City’s
Membership Assessment for the period covering October 1, 2009 to September
30, 2010, and confirming the appointment of representatives from the City of X.
MOTIONS 25.
Consideration for
approval of change order #2, a decrease in the amount of $17,114.35, to SLC
Construction, L.P., 26.
Consideration to award
a contract to TYMCO, Inc., 27.
Authorizing the City
Manager to execute a contract with 28.
Authorizing the City Manager
to execute individual contracts with the following Hotel/Motel Tax Fund
Recipients totaling $476,149.00 for FY 2009-2010. Funding is available in the Hotel/Motel Tax
Fund.
TOTAL $476,149.00 29.
Authorizing the City Manager to
execute individual contracts with the following Third Party Funding Recipients,
totaling $424,525.00 for FY 2009-2010.
Funding is available in the General Fund:
30.
Authorizing the City
Manager to execute a contract with the Laredo Development Foundation in the
amount of $402,050.00 for FY 2009-2010.
Funding is available in the General Fund in the amount of $318,750.00,
and the Bridge Fund in the amount of $83,300.00. 31.
Approving monthly
adjustments to the tax roll. The
amounts to be adjusted for the month of September 2009 represent a decrease
of $32,358.81. These adjustments are
determined by the Webb County Appraisal District and by court orders. 32.
Authorizing the City
Manager to award a construction contract pending final appropriation of funds
from the Texas Water Development Board in the sum of $35,170,000.00 to the low
bidder Pepper-Lawson Construction, L.P. for the expansion for the Jefferson
Street Water Treatment Plant 65 MGD Process & Electrical Upgrades. Funding is provided by grant funding from
the American Recovery and Reinvestment Act.
Grant Acceptance is dependent on approval of Resolution #2009-R-123. (Approved by Operations &
Finance Committees) 33.
Authorizing the City
Manager to award an Engineering Contract to Raba-Kistner Consultants, Inc., 34.
Consideration to
approve amendments No. 2 to Gilpin Engineering for an amount not to exceed
$210,000.00 for the Phase-3 of Manadas Creek Multipurpose Drainage Improvement
Project. The Phase-3 services includes
the preparation of plans and specifications for the detention pond
excavations and filling, channel improvements within the San Isidro Development
to accommodate the water quality aspects and recreational opportunities for
Manadas Creek watershed. The total
contract amount will be $897,000.00 with these amendments. Funding is available in the 2007 CO Bond. (Approved by Operations &
Finance Committees) 35. Consideration for approval of
amendment No. 3 an increase of $17,240.00 to the professional services
contract with 36. Consideration
to amend the purchase order issued to Howland Engineering and Surveying
Company, 37. Consideration to award contract FY09-097 to GT Distributors,
38. Consideration to renew contract number FY09-001 awarded
to Leyendecker Materials, 39. Consideration to award contract FY 09-094 for security
guard services for the Utilities Department to: (a) Alert Private Security Anytime Inc., 40.
Consideration for approval to award a construction contract to the
lowest bidder F & W Electrical Contractors, 41.
Authorizing the City
Manager to renew a professional service contract with Estrada Hinojosa &
Company, Inc. for Investment Advisory Services for a period of two (2)
years. The investment advisory
services contract applies to any and all investable funds that may be governed
by the City’s Investment Policy. The
fee schedule is attached where an annual fee equal to three (3) basis points
(.0003) of the investment portfolio.
The contract term begins upon signing of the contract until October
31, 2011; and is subject to future budget appropriations. (Approved by Operations &
Finance Committees) 42.
Consideration to authorize the City Manager to
execute a contract with the Laredo Morning Times (LMT) (sole proposed) who
will design, produce, sell advertising and print the 2010 Laredo Visitors
Guide. LMT will print, at no cost to the City of Laredo, 130,000 copies of
the guide which is a 68-72 page full color magazine featuring “Los Dos
Laredos”. The guide will be produced under the direction of the Laredo
Convention & Visitors Bureau relative to style, design, and editorial
content. (Presented
to Operations Committee and approved by Finance Committee.) 43.
Consideration for
approval to award a construction contract to the lowest bidder Leyendecker
Construction, Inc., Laredo, Texas, in the base bid amount of $4,620,000.00
for the World Trade Bridge U.S. Customs Inspection Station Expansion to
include 7 new lanes and primary inspection booths, provide
transition from bridge lanes to the 15 inspection lanes, transition from the
15 lanes and bypass to the 6 lanes at the secondary inspection canopy and an
additional exit inspection booth and lane and site improvements contingent
upon TXDot approval of bid. Construction contract time is three hundred
sixty-five (365) calendar days. Funding
is available in the Capital Grants Fund and 2008 Bridge Revenue Bond. (Approved by Operations & Finance Committees)
44.
Consideration for
approval to award a construction contract to the lowest bidder ALC
Construction, Inc., Laredo, Texas, in the base bid amount of $320,484.25 for
the Sidewalk City-Wide Project No. 38 (50 Blocks)–District VIII. Construction contract time is ninety (90)
working days. Funding is available in
the 2009 C.O. Bond. (Approved by Operations Committee. Tabled by Finance Committee pending additional
information for Council’s consideration.) 45.
Consideration to award annual service
contract FY09-103 to the low bidder, Cantu Electric Inc., Laredo, TX in the
estimated amount of $825,523.50 for the furnishing of materials, machinery,
equipment, labor, and all other services necessary for the maintenance of
street lights (not maintained by 46.
Authorizing the City
Manager to execute a contract with the Laredo Animal Protective Society
otherwise known as the Laredo Animal Shelter, totaling $266,000.00 for FY 2009-2010. Funding is available in the General Fund. XI.
GENERAL COUNCIL DISCUSSIONS AND
PRESENTATIONS 47.
a.
A.
Request by Mayor Raul G. Salinas 1.
Discussion with possible action on working with Mexican and
United States Government Officials to coordinate the processing of
visitors and to implement the necessary measures to improve the flow of
traffic for the Paisanos during the approaching holiday season. 2.
Report by Dr. Hector Gonzalez, City Health Department Director on the
availability of immunizations for the seasonal and H1N1 flu. 3.
Discussion with possible action requesting the adoption
of a Resolution in support of the establishment of a Fusion
Center for all law enforcement agencies having a presence in the
City of Laredo that participate in border security. B.
Request by Mayor Pro-Tempore Mike Garza 1.
Discussion with
possible action on adding a sidewalk at 3300 Cuatro Vientos, using District I
Discretionary Funds, not to exceed $6,000.00.
C.
Request by
Council Member Hector “Tito” Garcia 1.
Discussion with possible action on placing a rubber track at D.
Request by Council
Member Juan Narvaez 1.
Presentation by George
Johnson, Johnson’s Mexico Insurance, on the importance of the Paisanos to the
business community on IH 35 and Hwy 59 Business Corridors and requesting that
they be allowed to partner with the City of Laredo in planning and
coordinating assistance for the Paisanos during the upcoming holiday season
as they travel through Laredo on their annual journey South. (Co-Sponsored
by Mayor Raul G. Salinas & Council Member Hector “Tito” Garcia) 2.
Presentation by Destiny Bailey, a junior at E.
Request by Council
Member Gene Belmares 1.
Presentation by
Salvador Alemany, Texas Forest Service, on tree selection for 2.
Discussion with
possible action on adding additional street lighting north of 3.
Status report with
possible action on the Ethics Ordinance and Ethics Commission. 4.
Discussion with
possible action on providing six (6) additional segways for Police
Department, using District VI Discretionary Funds. H.
Request by
Council Member Jose A. Valdez, Jr. 1.
Discussion with possible action on creating an incentive package
and/or an abatement program for the film making industry based on the amount
of investment. (Co-Sponsored by
Council Member Hector “Tito” Garcia) 2.
Discussion with possible action on creating the
first annual downtown cycling race. (Co-sponsored by Council Member Cynthia Liendo
Espinoza) I.
Request by Council
Member Cynthia Liendo Espinoza 1.
Report on the National
Night Out event held at the XII.
STAFF REPORTS 48. Presentation
on the 2010-2035 Metropolitan Transportation Plan by Wilbur
Smith Associates on behalf of the Metropolitan Planning Organization. 49. Presentation by The Dinallo Group
regarding the proposed development of “Laredo Xtreme Entertainment
Park” in the City of Laredo, with possible action. 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. 50.
Request for Executive Session pursuant to Texas
Government Code Section 551.071(2) to consult with City Attorney regarding contractual
issues with PMDG and possible legal recourse; and return to open session for
possible action. 51.
Request for executive session pursuant to Texas
Government Code Section 551.071(1) (A) to consult with attorney on the
pending eminent domain case of City of 52.
Request for executive
session pursuant to Texas Government Code Section 551.072 to deliberate the
value of real property pertaining to a potential transaction; and return to
open session. XIV.
RECESS AS THE 53.
Consideration to rescind the contract awarded for bid FY09-093 to De
Hoyos Air Conditioning, XV.
RECESS AS THE 54.
Public hearing and introductory ordinance authorizing the City Manager to accept and execute the
Texas Department of Transportation Section 5307, Grant No. 51022F7052 for
$708,885.00 and amending the FY 2009-2010 Transit Budget by increasing the
State Operating Grant contribution and decreasing the Transit sales tax match
for operating expenses by $41,376.00. (Approved by Operations & Finance Committees)
XVI.
ADJOURN AS THE This notice was posted at the
Municipal Government Offices,
Gustavo Guevara, Jr. City
Secretary |
DISABILITY
ACCESS STATEMENT