CITY OF LAREDO

CITY COUNCIL MEETING

A-2009-R-20

CITY COUNCIL CHAMBERS

1110 HOUSTON STREET

LAREDO, TEXAS 78040

NOVEMBER 2, 2009

5:30 P.M.

 

sgnhc024DISABILITY ACCESS STATEMENTsgnhc025

Persons with disabilities who plan to attend this meeting and who may need auxiliary aid or services are requested to contact Gustavo Guevara, City Secretary at (956) 791-7308 at least two working days prior to the meeting so that appropriate arrangements can be made.  The accessible entrance and accessible parking spaces are located at City Hall, 1100 Victoria Ave.

 

Out of consideration for all attendees of the City Council meetings, please turn off all cellular phones and pagers, or place on inaudible signal.  Thank you for your consideration.

 

 

I.              CALL TO ORDER

 

II.            PLEDGE OF ALLEGIANCE

 

III.           ROLL CALL

 

IV.          MINUTES

 

 Approval of the minutes of October 5, 2009 & October 19, 2009

 

V.           COMMUNICATIONS AND RECOGNITIONS

 

Recognitions

 

a.    Recognizing Arby’s Restaurant of Laredo, Texas for their nomination by Texas Workforce Commission as Employer of the Year.

 

Communiqués

 

a.    Presentation by Anselmo “Chemo” Castro, President of the Washington’s Birthday Celebration Association (WBCA), regarding the upcoming WBCA events with presentation of the 2010 WBCA poster to the Mayor and City Council. 

 

b.    Presentation by Trey L. Austin, Texas A & M International University Assistant Director of Sports Information, and Claudio Arias, Interim Athletic Director, regarding Guns-N-Hoses Basketball & Fundraising Auction 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.

 

VI.          APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES

 

a.    Appointments by City Council to the Drug and Alcohol Commission.

 

VII.         PUBLIC HEARINGS

 

1.       Public hearing and introductory ordinance amending the City of Laredo Health Department FY2009-2010 budget by increasing revenues and expenditures in the amount of $300,000.00 for dental care personnel and operations for the City of Laredo Health Department from the Health and Human Services Commission (HHSC) through the University of Texas Health Science Center Dental School for the term from September 1, 2009 through August 31, 2010 and renewable for one (1) additional year. (Approved by Operations & Finance Committees)

 

2.       Public hearing and introductory ordinance authorizing the issuance of City of Laredo, Texas subordinate Waterworks and Sewer  System Revenue Bonds, Series 2009, in the principal amount of $7,500,000.00, for the purpose of purchasing and acquiring additional water rights for the City’s Combined Waterworks System and Sewer System, making provisions for the security, thereof; authorizing amendment to the City’s budget to appropriate such proceeds for purposes authorized herein; awarding sale of the bonds to the Texas Water Development board, and ordaining other matters relating to the subject. (Approved by Operations & Finance Committees)

 

3.       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 3, Block 215, Western Division, located at 1206 San Bernardo Avenue. 

 

Staff supports the Conditional Use Permit and the Planning and Zoning Commission has recommended approval of the Conditional Use Permit. District III

 

4.       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 Lots 3-5 and the south ½ of Lots 6 & 7, Block 121, Western Division, located at 916 Houston St. 

 

Staff supports the Conditional Use Permit and the Planning and Zoning Commission has recommended denial of the Conditional Use Permit.  District VIII

 

(Recess)

(Press Availability)

 

VIII.       INTRODUCTORY ORDINANCES

 

5.       Authorizing the City Manager to execute a lease with Laredo International Sports Hall of Fame for approximately sixteen (16) square feet of space located outdoors and in front of the Airport Passenger Terminal Building, at 5210 Bob Bullock Loop, for the purpose of installing, operating and maintaining a Time Capsule for the Laredo International Sports Hall of Fame.  Lease term is for thirty (30) years commencing on January 1, 2010 and ending December 31, 2039.  Declaring that a valid public purpose exists and waiving any and all rental obligations. (Approved by Operations Committee)

 

IX.          FINAL READING OF ORDINANCES 

 

6.        

2009-O-191 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.

 

2009-O-192 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.

 

2009-O-193 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 Laredo Annual Budget by increasing revenues and expenditures in the amount of $24,849.00.  The agreement’s purpose is to reimburse costs for overtime and equipment incurred by the Laredo Police Department in providing resources for the Strike Force OCDETF (Organized Crime Drug Enforcement Task Forces) program.  The term of this agreement is from October 1, 2009 through September 30, 2010.

 

2009-O-194 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.

2009-O-195 amending the Zoning Ordinance (Map) of the City of Laredo by authorizing a Conditional Use Permit for an office on Lot 24, Block 4, El Eden Subdivision, Phase VIII, located at 4934 Paz Lane; providing for publication and an effective date.

 

2009-O-196 amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lot 6, Block 349, Eastern Division, located at 101 E Lyon Street, from R-3 (Mixed Residential District) to B-1 (Limited Commercial District); providing for publication and an effective date.

 

2009-O-197 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; providing for publication and an effective date.

 

2009-O-198 amending the Zoning Ordinance (Map) of the City of Laredo by rezoning 1.38 acres, as further described by metes and bounds in attached Exhibit "A", located at 23703 Mines Road, from AG (Agricultural District) to B-4 (Highway Commercial District); providing for publication and an effective date.

 

2009-O-199 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 Laredo International Airport.  Said amendment specifically amends Section 1.09 to allow for one (1) – two (2) sided off premise billboard and Section 4.09 by adding SubSection C prescribing the terms and conditions for allowing an off-premise billboard and providing additional compensation to the Airport Fund.  All other terms and conditions of the lease agreement remain unchanged and in effect; providing for an effective date.

 

2009-O-200 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 Airport Passenger Terminal Building at 5210 Bob Bullock Loop for the purpose of installing, operating and maintaining a display case for the Laredo International Sports Hall of Fame. Lease term is for ten (10) years commencing on January 1, 2010 and ending December 31, 2019. Declaring a public necessity/interest and waiving any and all rental obligations.

 

2009-O-201 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.

 

2009-O-202 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 5508 Thomas Avenue.  Lease term is for seven (7) years commencing on November 1, 2009, and ending on October 31, 2016 and may be extended for one-five (5) year option until October 31, 2021.  Initial monthly rent shall be $7,500.00 and will be adjusted annually according to changes in the Consumer Price Index; providing for an effective date.

 

2009-O-203 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.

 

2009-O-204 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.

 

 

X.           RESOLUTIONS

 

7.       2009-R-130 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, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Laredo Police Department for the purpose of reimbursement of overtime salary costs. 

 

8.       2009-R-131 Authorizing the City Manager to enter into and execute a cooperative working agreement between South Texas Council on Alcohol and Drug Abuse (STCADA) and the Police Department for the purpose of coordinating services, maximizing existing resources, and avoiding duplication of services in the area of Co-Occurring Psychiatric Substance Use Disorders (CPOSD) and Outpatient Treatment during FY 2009-2010.

 

9.       2009-R-132 Authorizing the City Manager to enter into and execute a Subaward Agreement, attached hereto as Exhibit A, between Sam Houston State University and the Laredo Police Department for the purpose of overtime reimbursement for operations worked by the LPD Officer assigned to the U.S. Marshals Fugitive Apprehension Task Force.

 

XI.          MOTIONS

 

10.    Refund of property tax in the amount of $2,105.36 to the following taxpayers;

 

1. A refund in the amount of $1,376.41 payable to GMAC Mortgage due to an erroneous payment.  Account # 334-00502-100.

 

2. A refund in the amount of $728.95 payable to William E. Heitkamp due to an overpayment.  Account #442-00932-071.

 

11.    Consideration to ratify the City Manager’s approval for additional repairs for the air conditioning (HVAC) system at the Civic Center complex in the amount of $3,585.00 to Trane Company, San Antonio, Texas.  City Management had approved a purchase order for the overhaul for the ballroom chiller equipment in the amount of $48,183.00.  During a tear down of the HVAC equipment, additional repairs were required resulting in a repair total of $51,768.00.  Funding for these repairs is available in the Civic Center fund. (Approved by Operations & Finance Committees)  

 

12.    Consideration to renew service contract FY09-064 to the lowest bidder, Camino Agave Inc., Laredo, Texas in the estimated amount of $305,500.00 for the hauling of approximately 130,000 tons of dirt from the construction site of the Upper Zacate Creek Detention Pond to the City’s Solid Waste facility.  The Solid Waste Department will use this fill dirt to cover the landfill cells on a weekly basis in accordance to TCEQ requirements.  Funding is available in the Solid Waste Department Fund. (Approved by Operations & Finance Committees)

 

13.    Consideration to award contract FY09-095 to the low bidder, Closner Construction, Laredo, Texas, in the estimated amount of $1,234,000.39 for the rehabilitation of sixty seven (67) manholes and sewer line cleaning for the Utilities Department.  This project shall include manhole wall repairs, reframing work (where needed), manhole concrete based repairs, by-pass pumping, and asphalt paving reconditioning.  Funding for this project is available in the Utilities Department Fund. (Approved by Operations & Finance Committees)

 

14.    Authorizing the City Manager to execute an Interlocal Agreement by and between the City of Laredo and Webb County for the continued operation of the 3-1-1 center with automatic renewal for each succeeding year and payment for services from the County of Webb to the City of Laredo in the amount of $34,500.00 each year, unless terminated or renegotiated by either party.  Funding is available in General Fund 3-1-1 Division Budget.

 

15.    Authorizing the City Manager to enter into contracts and award 2009 Emergency Shelter Grant funds (ESG) made available by the U.S. Department of Housing and Urban Development in the total amounts of (1) $58,403.00 to Bethany House for operation of the Bethany House Shelter Complex, (2) $40,435.00 to Bethany House to provide essential services, (3) $25,000.00 to Casa De Misericordia (Casa) for operation of their shelter, and (4) $33,000.00 to Bethany House for the provision of Homeless Prevention assistance. (Approved by Operations & Finance Committees)

 

16.    Consideration for approval of Amendment No. 1 an increase of $51,500.00 to the professional services contract with Arcadis, Laredo, Texas, for the West Laredo Corridor Phase II—Calton Road Railroad Grade Separation for the design and preparation of the construction bid documents to include traffic study update, utility potholes and signed and sealed test hole data sheets and asbestos survey.  Current engineering contract amount including this Amendment No. 1 is $1,330,718.00.  Funding is available in the Capital Improvement Fund. (Approved by Operations & Finance Committees)

 

17.    Consideration for approval of the City of Laredo Health Department Dental Clinic Windows and Plumbing Project as complete, release of retainage and approval of final payment in the amount of $26,720.00 to Leyendecker Construction, Inc., Laredo, Texas.  Final construction contract amount is $337,300.00.  Funding is available in the UTHSC Dental School Grant. (Approved by Operations Committee)

 

18.    Amending the contract with Harry Jewett Associates in the amount of $26,650.00 to include additional basic survey services for the Water Distribution System for the Colonias at the Mines Road Area Work Order #1.  This amendment #5 is subject to the North American Development Bank (NADB) approval.  This amendment consists of the survey and field verification on Global Positioning System (GPS) coordinates to the Wastewater Collection System and the Wastewater Treatment Plant at Rancho Peñitas.  The amendment brings the total contract amount to $328,150.00.  Funding is available in the 1998 Utility Bond. (Approved by Operations Committee)

 

19.    Consideration for acceptance of the Phase “C” of the project, a Change Order #4, the release of retainage and the final payment in the amount of $116,440.00 to QROMEX Construction, Inc., Granite Shoals, Texas for the construction of the 24 inch Water Transmission Main along Del Mar from McPherson north of Del Mar to Loop 20 and Del Mar.  This Change Order #4 includes adjusting 4 manholes along Del Mar area.  The total contract amount for Phase “B” & “C” is $3,017,275.88.  Funding for final payment, change order #4 and release of retainage is available in the 2006 Utility Revenue Bond. (Approved by Operations & Finance Committees)

 

20.    Consideration to award contract number FY09-100 to the low bidder, Precision Delta Corporation, Ruleville, MS in the amount of $81,130.00 for the purchase of duty and practice ammunition for the Police Department.  Funding is available in the Special Police Department’s JAG Recovery Grant budget. (Approved by Operations & Finance Committees)

 

21.    Consideration for approval to award a construction contract to the lowest bidder Whitestone Construction, Ltd., Laredo, Texas, in the amount of $2,347,390.89 for the Ejido Avenue Extension (San Nicolas to Cielito Lindo) Improvements to include concrete pavement, drainage, utilities, traffic lights and other site improvements.  Construction contract time is one hundred fifty (150) calendar days.  Funding is available in the 2008 Community Development ARRA Fund, 2009 Utility Bond, 2007, 2006, 2005, 2003, 2000 and 1998 Bonds. (Approved by Operations & Finance Committees)

 

22.    Authorizing the City Manager to award the construction contract to the lowest bidder Jimmy Closner and Sons Construction Co., Inc., Mercedes, Texas in the amount of $655,339.48 for the construction of the 16” Waterline replacement along FM 1472 from San Gabriel to Loop 20.  The construction time is 120 working days.  Funding is available in the 2009 Utility Series C Bond. (Approved by Operations & Finance Committees)

 

23.    Consideration to award a contract to Motorola, Inc. in the amount of $229,054.00 for a Video Management System that will provide storage, recording and playback features for the City’s Video Surveillance System through the Houston-Galveston Area Council (H-GAC) Cooperative Purchasing Agreement Contract (Contract No.: RA01-08).  Funding is available in the 2007 Certificate of Obligation.  (Approved by Operations & Finance Committees)

 

24.    Consideration for approval of substantial completion of the Clinical/Laboratory Expansion and Renovation for the City of Laredo Health Department and approval of Change Order No. 1 a decrease of $3,222.46 a credit on unused portion of contingency allowance, partial release of retainage in the amount of $149,779.97 to Leyendecker Construction, Inc., Laredo, Texas.  An amount of $38,136.50 is being retained until completion of pending punch list items.  Final construction contract amount is $3,361,247.54.  Funding is available in the State Department Health Grant and 2006 and 2007 Contractual of Obligation Issues—Health Lab Construction.  (Approved by Operations & Finance Committees)

 

25.    Consideration to award annual service contract FY09-106 to the lowest bidder, Star Operations, Corpus Christi, Texas, in the estimated amount of $65,000.00 for the maintenance illumination systems along IH 35, Loop 20, FM 1472 and US Hwy. 83/SH 359 Interchange for a term of one (1) year.  The contract vendor will be required to maintain, repair, and/or replace the various appurtenances related to the existing roadway assemblies.  Funding is available in the Traffic Safety budget. (Approved by Operations & Finance Committees)

 

26.    Consideration to award bid FY 09-099 for the purchase of administrative vehicles for the Fire Department to:

 

(a) Sames Motor Company, Laredo, Texas in the amount of $84,292.00 for the purchase of four (4) light duty trucks, utilizing the local bidder's preference provision of the State of Texas Local Government Code; and to Planet Ford, Spring, TX, as low bidder for the purchase of four (4) midsize SUVs in the total amount of $72,908.00 and one (1) passenger van in the total amount of $20,236.00; OR

 

(b) the low bidder, Planet Ford, Spring, TX in the amount of $175,528.00, for the purchase of four light duty trucks, four midsize SUVs, and one passenger van.

 

Funding is available from 2009 contractual obligation bond proceeds (2009 PPFCO).    The local preference statute has been modified, and effective September 1, 2009, the local preference can only apply to a contract not exceeding $100,000.00.

 

 

 

XII.         GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS

 

27.     

 

A.           Request by Mayor Raul G. Salinas

 

1.       Discussion with possible action to restore El Metro services at Mall Del Norte.

 

2.       Presentation by Dr. Hector Gonzalez, Health Department, introducing “Saving Our Children” program to address concerns for social, mental, substance abuse, co-infections, teen pregnancy, and other health threats.  (Co-sponsored by Mayor Pro-Tempore Mike Garza)

 

3.       Discussion and possible action to review, evaluate, and enhance the need for specialized equipment at our parks and recreation centers for children with special needs.  (Co-sponsored by Mayor Pro-Tempore Mike Garza)

 

B.        Request by Council Member Gene Belmares

 

1.       Status report on the dedication of the Porras Tract for North Central Park, with possible action. 

 

2.       Status report on the lighting at North Central Park for Phase C and Phase B, with possible action. 

 

3.       Discussion with possible action on initiating landscaping improvements on Phase A and Phase B at North Central Park.

 

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

 

1.       Discussion with possible action to allocate additional money to Casa de Misericordia Domestic Violence Shelter. (Co-Sponsored by Council Member Hector “Tito” Garcia)

 

2.       Discussion with possible action to make changes to the Vehicles For Hire Ordinance.

 

D.        Request by Council Member Cynthia Liendo Espinoza

 

1.       Report on the National Night Out event held at the Civic Center Tuesday, October 6, 2009, with possible action.

 

 

 

XIII.       STAFF REPORTS

 

31.   Presentation of a Plan of Finance by Noe Hinojosa of Estrada-Hinojosa & Company Financial Consultants, on a proposed bond sale.

 

32.   Discussion with possible action to determine which City Council Members will travel to Central American Countries (members of the  Central America Free Trade Agreement, CAFTA) to promote trade through the City of Laredo, Texas.

 

33.   Discussion with possible action to direct staff to enter into negotiations with the owners of the Cigarroa Office Bld. located on 1500 Logan Ave. for a leasehold with possible option to purchase.

 

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.

 

XV.        ADJOURNMENT

 

           This notice was posted at the Municipal Government Offices, 1110 Houston  

           Street, Laredo, Texas, at a place convenient and readily accessible to the

           public at all times.  Said notice was posted on Wednesday, October 28, 2009

           at 6:45 p.m.

 

 

                                                                            __________________________

                                                                            Gustavo Guevara, Jr.

                                                                            City Secretary