CITY OF LAREDO

CITY COUNCIL MEETING

M2006-R-07

CITY COUNCIL CHAMBERS

1110 HOUSTON STREET

LAREDO, TEXAS 78040

April 3, 2006

5:30 P.M.

 

I.          CALL TO ORDER

 

            With a quorum present, Mayor Elizabeth G.  Flores called the meeting to order.

 

II.        PLEDGE OF ALLEGIANCE

 

            Mayor Flores led in the Pledge of Allegiance.

 

III.       ROLL CALL

 

            In attendance:

 

            Elizabeth G.  Flores,                                                                 Mayor

            Alfredo Agredano,                                                                    Council Member, District I

            Hector Garcia,                                                                          Council Member, District II

            John C.  Galo,                                                                          Council Member, District III

            Johnny Amaya,                                                                         Council Member, District IV

            Johnny Rendon                                                                         Council Member, District V

            Gene Belmares,                                                                        Council Member, District VI

            Juan Chavez,                                                                            Council Member, District VII

            Juan Ramirez,                                                                           Mayor Pro Tem, District VIII

            Gustavo Guevara, Jr.,                                                               City Secretary

            Larry Dovalina,                                                                         City Manager

            Cynthia Collazo,                                                                       Deputy City Manager

            Horacio De Leon,                                                                     Assistant City Manager

            Rafael Garcia,                                                                           Assistant City Manager

            Jaime Flores,                                                                            City Attorney

 

IV.       MINUTES

 

            None.

 

V.        COMMUNICATIONS AND RECOGNITIONS

 

            Announcements

 

            None.

 

            Invitations

 

            None.

 

 

            Recognitions

 

a.  Recognizing Fernando Montemayor for serving on the Laredo Convention & Visitors

     Bureau Advisory Committee from 1997 to 2005.

 

Patricia Taylor, Convention and Visitor’s Bureau Director, thanked Fernando Montemayor for serving eight years on the Laredo Convention & Visitors Bureau Advisory Committee.  She noted that he was Chairman of the Board for several years where he made a wonderful leader for the Bureau.

 

b.  Recognizing the Del Mar 2005 Major Division All Stars Little League Team on their

2005 District Championship title and their Sectional Championship victory at the Major Division Little League State Tournament.

 

Motion to postpone for the next meeting.

 

Moved:  Cm.  Amaya

Second:  Cm.  Agrredano

For:     8                                          Against:  0                                            Abstain:  0

 

      Communiqués

 

            Mayor Flores read the following letter for the record:

 

“As a physician of Laredo the concern to protect the citizens of Laredo from health hazard induced by exposure to smoking and environmental tobacco smoke (ETS) is very important to me.  Therefore, I am in support of the amended Indoor Clean Air Quality Ordinance that will be presented at the march 27, 2006 City Council meeting for a total ban. 

 

I will partner in this effort and would like to voice my support for public comment at the City Council meeting. 

 

Sincerely,

 

Dr.  Arturo Garza-Gongora and

George Garcia, MD”

 

Cm.  Chavez encouraged the viewing public to support the Buck’s Hockey Team.

 

Cm.  Belmares said that the Del Mar Little League kicked off their season and he is very proud all the participants and their parents.  He also said that he mentioned the installation of a two million gallon storage tank under construction east on Loop 20.

 

Cm.  Rendon congratulated the Airport for receiving $2 million dollars for the abatement program.  He also informed the viewing public that the Parks and Recreation Department is installing surveillance cameras to deter vandalism in the parks. 

 

Cm.  Amaya thanked Ronnie Acosta, Community Development Director, and her staff for hosting a public hearing at the Inner City Park last Tuesday.       

 

Cm.  Galo congratulated Bruce Werstak for hosting the Juvenile Diabetes Walk and all the volunteers that participated to create such a successful event.  He announced an upcoming ground breaking for the Slaughter Park on the 20th of April in District III at 10:00 a.m. and encouraged everyone to attend.   He noted that the park will be built on 50 acres with a soccer stadium and field, small splash park, baseball fields, jogging trails, and other nice amenities for the Chacon residents.  He congratulated the Del Mar Little League for kicking off their season. 

 

Cm.  Garcia congratulated Janice Weber, Librarian, and all of the Librarians for celebrating Librarian’s Week.  He added that they do and exceptional job throughout the community.

 

Cm.  Agredano advised that it was an honor to be asked to be the Master of Ceremonies at the Cesar Chavez March.  He thanked Cm.  Ramirez, Cm.  Rendon, and former Council Member Eliseo Valdez, Jr., and Blas Castaneda for attending the annual event.  He noted that several individuals approached him and requested that a street in Laredo be named after Cesar Chavez.  He thanked the City of Laredo for providing the chairs for the event.  Finally, he wished his sons Mark and Freddie a Happy Birthday.

 

Mayor Flores brought up an interview that she had with a CNN reporter who discussed the immigration issues.  She said that it is unfortunate that people discuss global economy but they do not talk about global workforce and people recognize that including the President of the United States.  She said when she was interviewed by CNN she received a lot of mail and a lot of calls.  She noted that some of the mail was “hate” mail asking her to go back to Mexico.  She read the following letter:

 

“Good Morning Mayor Flores,

 

I have CNN American Morning on in my home each morning while I get ready for work.  I saw your interview this morning and had to let you know how appreciative I am of your views on the immigration bills we put before our government officials.  I wish you could be a participant in Washington right now.  They need a firm guiding hand and a passionate yet intelligent rational mind to lead them on this journey.  It was such a relief to hear from someone who lives daily the border issues and recognizes what is real and what is fallacy in regards to the issues of mass immigration.  I live in the state of Wisconsin but work in Iowa and my daughter is engaged to a Mexican immigrant.  We love and admire him and his extreme work ethic and fierce loyalty in helping his family to a better life. I cannot believe the outdated and misguided views portrayed by the representatives from our state this morning.  Please be assured that many Wisconsinites do not share his opinion and welcome our Hispanic brothers and sisters.  I personally know small historical towns in my area that would be shut down without the influence of the Hispanic community to their workforce.  In rural Wisconsin there are large numbers being hired to work on big dairy farms which is out major industry.  What ideas could you offer me to try to help in this increasingly volatile situation?  What information might you have that I could share with my state government officials that would enlighten them?  Thank you for expressing the views this morning of so many of us.  Leave it to women in politics who really knows what is going on.  We definitely need more women in government and I applaud your effort and your hope to hear more and I hope to hear more from you regarding immigration laws.”

 

 

a.  Mayor Elizabeth G. Flores reports on the City of Laredo El Metro Transit System.

 

     Motion to postpone for the next meeting.

 

     Moved:  Cm.  Amaya

     Second:  Cm.  Agredano

     For:     8                                          Against: 0                                             Abstain:  0

 

VI.       APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES

 

            None.    

 

VII.     PUBLIC HEARINGS

 

1.  Public hearing providing community residents an opportunity to comment on their

housing and community need and projects that they wish to see funded for fiscal year 2006 – 2007 through the 32nd Action Year (AY) Community Development Block Grant (CDBG), and the 2006 HOME Investment Partnerships Grant (HOME), the 2006 Emergency Shelter Grant (ESG), and the 2006 American Dream Downpayment Initiative Program (ADDI) in support of the preparation and submission of the 2006 Consolidated One Year Action Plan to the U.S. Department of Housing and Urban Development (HUD).

 

Motion to open the public hearing.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:      8                                         Against:  0                                            Abstain:  0

 

Jose Prieto spoke in support of funding for the parks noting that several of the soccer fields are still in need of restrooms, lighting, and grass.  He said that soccer is a great sport for the students in Laredo and requested that funds be used to beautify soccer fields. 

 

Moved:  Cm.  Belmares

Second:  Mayor Pro Tempore Ramirez

For:     8                                          Against:  0                                            Abstain:  0

 

2.  Public hearing and introductory ordinance amending the Fiscal Year 2005 – 2006

Annual Operating Budget in the Fire Prevention and Arson Fund Budget by accepting a donation of $750.00 from Wal-Mart Stores and appropriating said funds for the purpose of purchasing Fire Safety Educational Promotional Materials for the Fire Prevention Division.

 

Motion to open the public hearing.

 

 

 

Moved:  Cm.  Garcia

Second:  Cm.  Belmares

For:      8                                         Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Agredano

Second:  Cm.  Belmares

For:      8                                         Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

3.  Public hearing and introductory ordinance authorizing the City Manager to amend the

Fiscal Year 2006 Veterans Field Fund Budget by providing for revenues and expenditures for Veterans Field in the amount of $100,000.00.  Funds will be generated through the Laredo Equities, LLC lease agreement of Veterans Field.

 

Motion to open the public hearing.

 

Moved:  Cm.  Garcia

Second:  Cm.  Agredano

For:     8                                          Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Galo

Second:  Cm.  Belmares

For:      8                                         Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

VIII.    INTRODUCTORY ORDINANCES

 

4.  Authorizing the City Manager to execute a renewed lease with International Bank of

Commerce and Sanchez Oil & Gas Corporation, A Joint Venture, for approximately 0.1182-acre tract of land located on Block No. 1 within the southwest fuel farm at the Laredo International Airport.  Lease term is for five (5) years commencing on October 1, 2005 and ending in September 30, 2010, and may be extended for an additional five (5) years ending on September 30, 2015.  Monthly rent shall be $463.50 and will be adjusted annually according to changes in the Consumer Price Index; providing for an effective date.

 

Ordinance Introduction:  City Council

 

 

5.  Authorizing the City Manager to execute a contract by and on behalf of the City of

Laredo, Grantee of Foreign-Trade Zone No. 94 and authorizing the City Manager to enter into an Operations Agreement with Rafael A. Morales, Inc., as Zone Site Operator, to activate approximately 15,000 square feet of warehouse space located at Foreign-Trade Zone No. 94, Site III, Killam Industrial Park, effective upon execution. Providing activation, administration and transaction fees be paid to the City and providing for an effective date.

 

Ordinance Introduction:  City Council

6.  Authorizing the City Manager to execute a contract by and on behalf of the City of

Laredo, Grantee of Foreign-Trade Zone No. 94 and authorizing the City Manager to enter into an Operations Agreement with Nippon Express USA, Inc., as Zone Site Operator, to activate approximately 7,000 square feet of warehouse space located at Foreign-Trade Zone No. 94, Site III, Killam Industrial Park, effective upon execution. Providing activation, administration and transaction fees be paid to the City and providing for an effective date.

 

Ordinance Introduction:  City Council

IX.       FINAL READING OF ORDINANCES 

 

Motion to waive the final reading of Ordinances # 2006-O-060, # 2006-O-061, 3 2006-O-062, # 2006-O-063, # 2006-O-064, # 2006-O-065, # 2006-O-066, # 2006-O-067, # 2006-O-068, 3 2006-O-069, # 2006-O-070, # 2006-O-071, # 2006-O-072, # 2006-O-073, # 2006-O-074, # 2006-O-075, # 2006-O-076, # 2006-O-077, # 2006-O-078, and # 2006-O-079.

 

            Moved:  Cm.  Galo

Second  Cm.  Amaya
For:     8                                               Against:  0                                            Abstain:  0

 

7.  2006-O-060  Amending the Zoning Ordinance Map of the City of Laredo by rezoning

Lot 51, Block 1, North Point Hills Subdivision, located approximately at 249 North Point Drive, from R-3 (Mixed Residential District) to R-O (Retail/Office District). 

 

Motion to adopt Ordinance # 2006-O-060.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                                Against:  0                                Abstain:  0

                 2006-O-061  Amending the Zoning Ordinance Map of the City of Laredo by rezoning

   Lots 3 and 4, Block 89, Eastern Division, located at 117 Laredo Street and

   1218 Sanders Avenue, from R-3 (Mixed Residential District) to R-1A

   (Single-Family Reduced Area District).  

 

Motion to adopt Ordinance # 2006-O-061.

 

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                                Against:  0                                Abstain:  0

  

                 2006-O-062  Amending the Zoning Ordinance Map of the City of Laredo by rezoning

   Lot 8, Block 95, Eastern Division, located at 802 Chihuahua Street, from

   R-O (Residential/Office District) to B-1 (Limited Commercial District).    

 

Motion to adopt Ordinance # 2006-O-062.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                                Against:  0                                Abstain:  0

                  2006-O-063 Amending the Zoning Ordinance Map of the City of Laredo by rezoning

   3.65 acres, as further described by metes and bounds in attached Exhibit

   “A”, located east of U.S. Highway 83 and south of Eleden Subdivision,

   from AG (Agricultural District) to B-1 (Limited Commercial District).

 

Motion to adopt Ordinance # 2006-O-063.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                                Against:  0                                Abstain:  0

                 2006-O-064 Amending the Zoning Ordinance Map of the City of Laredo by rezoning

   6.59 acres, as further described by metes and bounds in attached Exhibit

   “A,” located east of U.S. Highway 83 and south of Eleden Subdivision,

   from R-1 (Single Family Residential District) to B-3 (Community Business

   District).

 

Motion to adopt Ordinance # 2006-O-064.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                                Against:  0                                Abstain:  0

 

                  2006-O-065 Amending the Zoning Ordinance Map of the City of Laredo by rezoning

   20.13 acres, as further described by metes and bounds in attached Exhibit

   “A” and located east of U.S. Highway 83 and south of Eleden Subdivision,

   from AG (Agricultural District) to R-1A (Single-Family Reduced Area

   District). 

 

Motion to adopt Ordinance # 2006-O-065.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                                Against:  0                                Abstain:  0

 

                 2006-O-066  Amending the Zoning Ordinance Map of the City of Laredo by rezoning

   4.18 acres, as further described by metes and bounds in attached Exhibit

   “A”, located south of Lomas Del Sur Boulevard and east of Colombia

   Drive, from R-1A (Single Family Reduced Area District) to B-1 (Limited

   Commercial District).  

 

Motion to adopt Ordinance # 2006-O-066.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                                Against:  0                                Abstain:  0

                  2006-O-067  Amending the Zoning Ordinance Map of the City of Laredo by rezoning

   31.99 acres, as further described by metes and bounds in attached Exhibit   

   “A” and located east of Sandhill Drive and north of Del Mar Boulevard,

   from R-2 (Multi-Family Residential District) and B-3 (Community

   Business District) to R-1A (Single-Family Reduced Area District). 

 

Motion to adopt Ordinance # 2006-O-067.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                                Against:  0                                Abstain:  0

                 2006-O-068  Amending the Zoning Ordinance Map of the City of Laredo by rezoning

   1.41 acres, as further described by metes and bounds in attached Exhibit

   “A”, located north of Del Mar Boulevard west of Sandhill Drive, from R-2

   (Multi-Family Residential District) to B-3 (Community Business  

   District).  

 

Motion to adopt Ordinance # 2006-O-068.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                                Against:  0                                Abstain:  0

    2006-O-069  Amending the Zoning Ordinance Map of the City of Laredo by rezoning .37

  acres, as further described by metes and bounds in attached Exhibit “A”,

  located north of Blue Quail Road and Sandhill Drive, from R-2 (Multi-

  Family Residential District) to B-3 (Community Business District).  

 

Motion to adopt Ordinance # 2006-O-069.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                                Against:  0                                Abstain:  0

                 2006-O-070  Amending the City of Laredo Bridge System Fiscal Year 2005-2006

   Annual Operating Budget by increasing the Full Time Equivalent positions

   (FTE’s) by twenty one (21) for the City of Laredo Bridge of the Americas

   Modification Project (El Portal) which include eleven (11) Bridge

   Officer/Collectors, seven (7) Bridge Officer/Traffic Guards and three (3)

   Building Maintenance Mechanics.  Funding is available in the Laredo

   Bridge System Fund. 

 

On July 28, 2004, City Council approved to award a construction contract to Leyendecker Construction, Laredo, Texas, in the amount not to exceed $19,059,090.00 for the City of Laredo Bridge of the Americas Modification Project (El Portal).

 

Once completed, this bridge will have one additional vehicular lane and a new pedestrian turnstile system.  The pedestrian turnstile system consists of thirteen (13) automatic pedestrian gates, which include two ADA Act-model pedestrian gates, two ticket vending machines and four point of sale terminals which require to be manned.

 

The Bridge of the Americas Modification Project (El Portal) will require the following additional personnel:

Bridge Officer/Collectors                               11

Bridge Officer/Traffic                         7

Building Maintenance Workers                      3

 

Based on “El Portal” personnel requirements for FY2005-06, a total of twenty five new FTE position were required.  Bridge Staff was able to reduce this amount to twenty one.

 

Motion to adopt Ordinance # 2006-O-070 as amended. 

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                                Against:  0                                Abstain:  0

                 2006-O-071  Amending Section 1 of Ordinance 2005-O-209 of the City of Laredo and

   authorizing to reinstate a $35.00 per tag deposit for all new non-

   commercial and commercial customers that participate in the Automatic

   Vehicle Identification System (A.V.I.) as further described in Exhibit “A”

   and hereby repealing all conflicting sections in all ordinances currently in

   effect.

 

Motion to adopt Ordinance # 2006-O-071.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                                Against:  0                                Abstain:  0

                 2006-O-072  Amending the City of Laredo Fiscal Year 2005 – 2006 Capital

   Improvement Fund Budget by appropriating $300,000.00.  These funds

   were generated by a Public Works Equipment Usage Charge on various

   City bond projects and appropriating said amount for equipment

   acquisition for the Public Works Department.

 

Motion to adopt Ordinance # 2006-O-072.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                                Against:  0                                Abstain:  0

                 2006-O-073  Amending Chapter 15, Health and Sanitation, Article VI “Indoor Clean 

   Air”, of the Code of Ordinances of the City of Laredo, Texas by amending

   Sections 15-78 through 15-81;  “No smoking in public places”; providing

   for violations, enforcement and penalties of the  policies implementing this

   Chapter; providing severability; and providing for an effective date and

   publication. As Amended.

 

Jalinna Jones, representing the Laredo Entertainment Center, said that she is concerned with the required 10’ distance which will be enforced with the new ordinance.  She asked Council to consider a grandfather clause that would allow existing non-smoking facilities to continue to operate their smoking patios without regard to the distance measurement.

 

Ana Rivera Soto, spoke in favor of the new ordinance.

 

Robert Howland, Andariego Restaurant, stated that he is worried that the no smoking ban will have a detrimental affect on his business.  He went on to say that if this restaurant does not do well that his family will be broke and that is why it is an important issue for him.  He submitted information to Council and noted that there has been a lack of information submitted to the Council.  He added that he found a study that was done by researchers at the Department of OSHA and it showed that the study depends on the quality of the air conditioning systems, infiltration of those systems, the ceiling heights, and the general movement of the air.  The OSHA test was taken from 16 different restaurants in Nashville, Tennessee and the results showed that it was not dangerous for workers to be in a smoking atmosphere. 

 

Juan Angel Martinez spoke in favor of a total ban on smoking.

 

David Cabello, Kush Lounge, spoke against the total ban on smoking.

 

Tony Lopez, Galaxy Billiards, spoke against the total ban on smoking. 

 

Patricia Keck, representing Laredo Independent School District Health Services Coordinator, said that the eyes of the state are often on Laredo with immigration and border issues but now they are focusing on health issues.  She spoke in favor of the ordinance.

 

Patty Pharr, TKO Bar & Grill, stated that she is afraid of what a total ban might do to her business.  She said that she and her husband have put all of their heart into their business.  She noted that they have over 25 employees and have worked for her for over five years.  She asked Council to carefully consider the Ordinance which does not allow a middle ground or a compromise on smoking in public places.

 

Alfredo Barco, Alexander High School, spoke in favor of the ordinance for a total ban.

 

Rafael Martinez, The Cooler Management Company, argued that the ordinance infringes on his rights as business owners telling him how to run his business.  He said that prior to the ordinance, his patrons have a choice of smoking or non smoking and that is their right.  He agreed that smoking causes cancer but that should be up to the individual whether they want to smoke or not.    

 

Susan Parish, Webb County Community Coalition, said that the coalition began advocating for a smoke free Laredo.  This is not a campaign that has been hidden rather one that has gained momentum over the years. The coalition has worked to educate the community on the dangers of second hand tobacco smoke.

 

Jose Luis Munoz spoke against the total ban on smoking.

 

Vincent Norris, attorney, spoke in favor of the smoking ban.

 

Terry Pratz, Cocktails, feels that this ordinance will hinder his business and ask council to amend the ordinance and allow smoking in establishments that are operating as bars.  He also asked for Council to create and ordinance that would be fair to both smokers and non smokers. 

 

Sandra Hernandez, Doctor’s Hospital Nurse, spoke in favor of the ordinance and asked Council to listen to the recommendations of the doctors.

 

Pedro Soto spoke in favor of the ordinance.

 

Elena De La Cruz spoke in favor of the total smoking ban.

 

Dora Maria Ramirez spoke in favor of a total ban on smoking.

 

George Garcia, attorney, spoke in favor of the ordinance.

 

Marcia Jovel spoke in favor of the ordinance.

 

Dr.  Antonini stated that they are seeing an increase in pulmonary cancer on persons who do not smoke and requested approval of the ordinance for total ban.  

 

Motion to adopt Ordinance # 2006-O-073 with amendments.

 

Cm.  Galo asked to amend the Ordinance regarding the 10’ distance requirement.

 

Cm.  Belmares said that the intent of the Ordinance means 10’ from the entrance of the facod but if they have a patio specifically designed for smoking then it can be used. 

 

Cm.  Ramirez said that he would not accept the amendments.

 

Jaime Flores, City Attorney, said that the Ordinance states that the patio would be inclusive of the facility and therefore will be 10’ from the entrance of the facility inclusive of the patio being described of the entrance of the facility.  He said if the patio is included as part of the facility therefore it is 10 feet from the patio or any entrance to the facility. 

 

Cm.  Ramirez noted that 10’ requirement should be clarified.  He said that a smoker should be able to smoke in the patio.

 

City Attorney said that the patio is part of the facility so that the 10’ from the entrance to the facility is inclusive of the perimeters including the patio.  He asked Council that if they do not want the patio to be 10’ from the door? 

 

Mayor Flores indicated that Council wants to allow smokers to smoke if the facility has a smoking patio which is 10 feet from the door and 5’ from the patio of the facility. 

 

Moved:  Cm.  Ramirez

Second:  Cm.  Agredano

For:     5                                Against:  3                                Abstain:  0

                                             Cm.  Garcia

                                             Cm.  Amaya

                                             Cm.  Chavez

 

                 2006-O-074  Amending the City of Laredo Fiscal Year 2005 – 2006 Annual Budget by

   appropriating revenues and expenditures in the amount of $138,743.00 in

   additional funds from the Texas Department of State Health Services to

   extend the grant period an additional six (6) months, for a total amount of

   $306,835.00 and $144,222.00 in Program Income for the Office of Public

   Health Practice (OPHP) of the City of Laredo Health Department for the

   period beginning September 1, 2005 through August 31, 2006.

 

Motion to adopt Ordinance # 2006-O-074.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                                Against:  0                                Abstain:  0

                 2006-O-075  Authorizing the City Manager to execute a lease with Carlos Rodriguez for

   approximately 960 square feet constituting Building No. 1319 located at

   4011 North Jarvis Avenue at the Laredo International Airport.  Lease term

   is for three (3) years commencing on March 1, 2006 and ending on

   February 28, 2009.  Monthly rent shall be $480.00 and will be adjusted

   annually according to changes in the Consumer Price Index; providing for

   an effective date.

 

Motion to adopt Ordinance # 2006-O-075.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                                Against:  0                                Abstain:  0

                2006-O-076  Closing as a public easement a 12,199.49 sq. ft. parcel of land out of the

   Fairway Lane situated in the Country Club Commercial Subdivision, City

   of Laredo, Webb County, Texas, as recorded in Volume 3, Page 18-A,

   Webb County plat records, as described on attached Exhibit A and

   providing for an effective.

 

Motion to adopt Ordinance # 2006-O-076.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                                Against:  0                                Abstain:  0

                2006-O-077  Designating as a one-way southbound the 3300 and 3400 blocks of Texas

   Avenue, and designating as a one-way westbound the 2400 and 2500

   Blocks of Elm Street and designating as a one-way northbound the 3300

   and 3400 blocks of Martin Avenue, during the peak hours of 7:30 a.m. to

   9:00 a.m., and 2:30 p.m. to 4:00 p.m., Monday thru Friday, during school

   days, providing for the installation of appropriate signs to indicate one-way

   traffic in the directions indicated and providing for publication and

   effective date.

 

Motion to adopt Ordinance # 2006-O-077.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                                Against:  0                                Abstain:  0

                 2006-O-078  Amending Chapter 28, (Streets, Sidewalks and Public Places) of the Code

  of Ordinances by amending Article V, (Commercial Use of Streets,

  Sidewalks and other Public Places), as follows:  Deleting section 28-100

  (c); section 28-101 to allow for vendors to contract within the city; section

  28-104 by adding a requirement for an official street vendor picture

  identification and a fee of $20.00 for street vendor picture id’s; permits per

  vending area; authorizing a fee of $200.00 for issuance or renewal of a

  street vending permit; section 106 by enabling approved carts to be used

  outside the central business district; section 28-108 by requiring vendor to

  provide the City with a complete criminal background record; section 28-

  110 providing for a penalty; providing for injunctive relief and severability;

  authorizing a penalty for violation of this ordinance; and amending the City

  of Laredo Fiscal Year 2005 – 2006 annual budget by appropriating

  revenues and expenditures in the amount of $13,420.00 in additional funds

  from the fees related to identification cards and providing for effective date

  and for publication.  As Amended.

 

Dr.  Gonzalez, Director of the Health Department, said that the amendments will change the cart fee from $200 to $100 and implement a new permit fee for the photo identification of $20.00 instead of $15.00.

 

Motion to adopt Ordinance # 2006-O-078 as amended.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:     8                                Against:  0                                Abstain:  0

                 2006-O-079  Amending the Zoning Ordinance Map of the City of Laredo by rezoning

   Lots 1 and 2, Block 831, Eastern Division, located at 1501 Clark

   Boulevard, from R-1 (Single-Family Residential District) to B-1 (Limited

   Commercial District).  

 

Motion to adopt Ordinance # 2006-O-079.

 

Moved:  Cm.  Galo

Second:  Cm.  Agredano

For:     8                                Against:  0                                Abstain:  0

  

X.        MOTIONS

 

8.  Consideration to award contract number FY06-058 to Professional Embroidery, Laredo,

Texas, in the base amount of $17,835.00 for the purchase of Polo Shirts; and Champs Distribution, Laredo, Texas, in the base amount of $11,500.00 for the purchase of Pewter Trays for the Convention and Visitor’s Bureau.  Funding is available in the Convention and Visitor Bureau Budget. 

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:      8                                         Against:  0                                            Abstain:  0

 

9.  Consideration to award contract number FY06-004 to the low bidder, Power Car Wash

and Detail, Inc., Laredo, Texas, in the estimated amount of $51,870.00, for furnishing car wash services for the City’s automotive fleet.  Bids were requested on car wash services with and without inside vacuum.  All services are secured on an as needed basis.  Funding is available in the Fleet Fund. 

 

Motion to approve.

 

Moved:  Cm.  Galo

Second:  Cm.  Amaya

For:      8                                         Against:  0                                            Abstain:  0

 

10.  Consideration to exercise the renewal option for one (1) additional year for contract

number FY05-061 awarded to JJJ International Safety Equipment, Laredo, Texas, in the estimated amount of $25,000.00 for providing powdered electrolyte replacement drinks (Sqwincher) for City services crews.  Electrolyte replacement drinks are purchased on an as needed basis during the summer months for the service crews to prevent dehydration.  Funding is available in the following budgets: Public Works, Solid Waste, Fleet Maintenance, Traffic Safety, Engineering, Risk and Parks and Recreation.

 

Motion to approve.

 

  Moved:  Cm.  Galo

  Second:  Cm.  Amaya

  For:                8                             Against:  0                                            Abstain:  0

 

11.  Consideration to authorize the purchase of five (5) auto side loader collection units

through the Texas Local Government Purchasing Cooperative (Buy Board) contract pricing in the total amount of $367,465.00 from McNeilus Truck and Manufacturing, Hutchins, Texas.  These units will be installed on five (5) chassis trucks recently ordered.  Funding is available in the Solid Waste Department’s Budget.

 

Motion to approve.

 

  Moved:  Cm.  Galo

  Second:  Cm.  Amaya

  For:                8                             Against:  0                                            Abstain:  0

 

12.  Authorizing the City Manager to acquire through negotiations, the “Surface Only” of

Lot 4, Block 23, Western Division, for the widening of Salinas Avenue and construction of a pedestrian plaza, between Zaragoza and Water Streets, as part of the El Portal Project, in an amount not to exceed $325,000.00, plus incidental expenses.  This will be a voluntary transaction.  Funding is available in the Bridge Operations Budget.

 

Motion to approve.

 

  Moved:  Cm.  Galo

  Second:  Cm.  Amaya

  For:                8                             Against:  0                                            Abstain:  0

 

 

13.  Award a construction contract to the lowest bidder J. Solis Maintenance, Laredo,

Texas, in the amount of $1,644,759.00 for the construction of the SH 359 Tanquesitos I – Wastewater Collection and Water Distribution Improvements Project, subject to the approval of the TWDB. The Tanquesitos I – Wastewater Collection and Water Distribution Improvements consist of constructing 8” water distribution line and 10”/8” sanitary sewer collection line to Colonias Los Tanquesitos I within SH 359 Planning Area. The construction time is 300 calendar days.  Funding is available in the Colonias Construction Fees.

 

Motion to approve.

 

  Moved:  Cm.  Galo

  Second:  Cm.  Amaya

  For:                8                             Against:  0                                            Abstain:  0

 

XI.       STAFF REPORTS

 

14.  A.  Discussion with possible action to consider Firefighter Anthony Joel Tice’s second

(2nd) request for an extension of injury leave with pay in accordance with 143.073  

(b) of the Texas Local Government Code.

 

Dan Migura, Human Resources Director, reported that Firefighter Tice is currently going through physical therapy.  He recommended for Council to postpone the item until the firefighter can return to Council and give an update of his recovery. 

 

       B.  Report by Parks and Recreation Department and Land Design Partners regarding

 the Municipal Golf Course proposal, with possible action.

 

Brent Luck and Dave Bennett from Land Design Partners gave a presentation before Council. 

 

General Overview – Phase I

 

In April of 2005, the City conducted a feasibility study for a municipal golf course.  Results indicated:

 

Two existing courses provide an estimated 75,000 round of golf.

There is a demand of 238,000 rounds, or a shortage of 163,000 rounds.

Construction costs would be $4.5 - $5.5 million.

The market will support a municipal golf course.

 

General Overview – Phase II

 

·        An RFP for a joint public private partnership for a City of Laredo Municipal Golf Course was released October 2005.

·        Five proposals were received.

·        A Golf Course Proposal Evaluation Committee has met five times to discuss the proposals and visit the proposed sites.

·        The Golf Course Proposal Evaluation Committee Include: 

·        Horacio De Leon, City of Laredo Assistant City Manager

·        Mike Pescador, City of Laredo Parks Director

·        Rosario Camarillo-Cabello, Finance Director

·        Alejandro Labrada, Pubic Works Director

·        Marco Gutierrez, Utilities Engineering Agent

·        Francisco Meza, Purchasing Agent

·        Graciela Briones, Park Development Planner

·        Brent Luck, Land Design Partners

·        Dave Bennett, the Date Bennett Organization

 

Topics of Discussion

 

·        Communicate the Committee’s review to date

·        Review each of the sites

·        Provide site comparisons and ranking to date

·        Receive your input

 

Evaluation Criteria

 

Water                                                                           Interesting Features

Accessibility                                                                 Spoil

Off Site Construction Costs                                          Size of the parcel

On Site Construction Costs                                           Drainage

Utilities                                                                         Miscellaneous/related amenities

Shape of the Land                                                        Terrain of the proposed land

Contributions of the Proposer                                       Trees

                                                                                    Proposer Expectations

 

Site Evaluation Score Sheet

 

Rating Factor                                                             % of importance

 

Water                                                                           100

Accessibility                                                                 90

Off Site Construction Costs                                          80

On Site Construction Costs                                           70

Utilities                                                             60

Shape of Land                                                              55

Contributions of the Proposer                                       40

Interesting Features                                                       40

Soil                                                                              30

Size of the Parcel                                                          30

Drainage                                                                       30

Miscellaneous/Related Amenities                                   25

Terrain of the Proposed Land                                       20

Trees                                                                            20

Proposer Expectations                                                  10

 

Site One Pros

 

Pros

·        Great Scenic Views

·        Wow Factor!

·        Class A Water Rights for 20 years

·        Extra Parkland Dedicated to City

·        $1,000,000 contribution for improvements

 

Site One Cons

 

Cons

 

Traffic along Mines Road

Distance from City Proper

 

Site Two Pros

 

Pros

 

Flexibility in Golf Course Placement

Low Off Site Construction Costs

Well Water Availability

 

Cons

 

Distance from City Proper

Lack of mature trees

Lack of visual interest

 

Site Three Pros

 

Pros

 

Flexibility in golf course placement

Located at gateway to the city from the north

 

Site Three Cons

 

Cons

 

Potential conflicts with truck stop

At outskirts of City

 

Site Four Pros

 

Pros

 

Located at gateway to the City from the north.

Surrounding residential community (i.e. potential golfers).

Utilities do not have to be extended very far.

 

Site Four Cons

 

Cons

 

Proposed entrance is currently off McPherson

Proximity to Industrial Area

Proposer Expectations

 

Site Five Pros

 

Pros

 

Flexibility in golf course placement.

$1,000,000 contribution for improvements.

 

Site Five Cons

 

Cons

Clark Road Extension

            3.5 miles @ $1 million/mile

View to Landfill

Not part of any gateways to the City

 

Water – Defined as the cost of watering the course

 

Needs 939 AC Feet Annually

1.0 Acre foot = 325,851 gallons

Daily use: 2.97 ac ft./day or 967,777 gallons

 

Annual cost of potable water $790,000/year

Annual cost of effluent water (approx. 35% cost of potable): $276,500

Note:  The two existing courses use about 75% effluent water (source:  Adrian Montemayor)

North Laredo Plant – Capacity if 800,000/ gallons/day to be expanded to 2,000,000 gallons/day.  It would take two years to expand and ½ years to reach capacity.

 

Unitec Plant – Capacity is 63,000 gallons/day to be expanded to 1,000,000 gallons/day.

 

Columbia – Capacity is 36,000 gallons/day to be expanded to 180,000 gallon/day.  It would take ten + years to reach capacity.

 

Comparisons:

 

Water – Defined as the cost of watering the golf course

 

Site One – 450 to 500 acre feet of Class A Rio Grande water rights for $1 per year for 20 years (53% of water needs) after that affluent. Two options for remainder:  Potable $369,339 Effluent:  $129,268 25/75 mix; $189,285.

 

Site Two – On site 11,000,000 gallons of storage capacity (for construction and maintenance of course); existing pumps can produce 86,4000 GPD at 5HP  Well water same costs as effluent $276,500.

 

Site Three – First 5 years potable supply from 16” line from Mines Road to IH-35; after 5 years from a Regional sewer plant to be built on Green Ranch or the surrounding area.  Potable:  $790,000 Effluent; $276,500 25/75 mix:  $404,875.

 

Site Four – Potable water with the possibility of effluent from Unitec or the North Laredo Sewer Plant.  Potable:  $790,000 Effluent; $276,500 25/75 mix:  $404,875.

 

Site Five – Potable water extended along Clark; water $654,000 for 12” SS $540,000.  Effluent is not a viable option.  Potable:  $790,000.

 

Comparisons – Off Site Construction to City

 

Site One – Roadway, no cost, Potable Water $550,000 Effluent Water $1,200,000 Total:  $1,750,000.

 

Site Two – Roadway $200,000; potable water (for building) Cost for chlorination of water from wells = $10,000.

 

Site Three – Roadway $378,000 Potable Water for building $60,000 Effluent Water $200,000; Total  $638,000.

 

Site Four – Roadway $56,818; Potable Water (for building) $15,000 Effluent Water $520,000; Total $591,900.

 

Site Five – Roadway Extension of Clark Blvd 3.5 miles; $3,500,000; ss$540,000; 12” Water $654,000; Effluent water $1,108,000 total $5,802,000.

 

Comparisons – On Site construction

 

Site One – Roadway $455,000 Potable Water - $87,500, Total - $542,000.

Site Two – Roadway $200,000 Potable Water $5,000, Total $205,000.

Site Three – Roadway $40,000 Potable Water $7,500, Total $47,500.

Site Four – Roadway $40,000 Potable Water $7,500, Total $47,500.

Site five – Roadway $40,000 Potable Water $7,500, Total $47,500.

 

Existing Ranking

 

Site One – 64.95

Site Four – 49.23

Site Two – 40.63

Site Three – 39.23

Site Five – 24.60

 

Discussion Items

 

Accessibility

Location

Safety

Upfront Costs vs. Long Term Costs

Miscellaneous

 

Motion to instruct staff to instruct staff to negotiate the Municipal Golf Course Proposals with group # 1 and # 4. 

 

Moved:  Cm.  Garcia

Second:  Cm.  Belmares

For:     8                                   Against:  0                                            Abstain:  0

 

C.  Presentation by the Utilities Department regarding a public education campaign on

 the water rate increase.

 

  Securing Our Community’s Water Future

 

Laredo is Growing

 

Great news for Laredo’s economy

Growth also puts pressure on key infrastructure

Must keep infrastructure improvements ahead of community growth

Costs for catch up are much higher than planned improvements

 

Laredo is Growing – Some Facts

 

Population grown 54% in last 15 years

Water production has grown 41%

Population expected to grow 84% in the next 20 years

Laredo will need 78% more water over next 20 years

Aging water infrastructure

Facing regulatory enforcement

 

City of Laredo understand current/future water needs

Various water plan scenarios studied

Costs are less when planning ahead

Sound direction for long-term solutions in place

Community information and involvement is important

 

Laredo Has a Plan – Water Supply

 

Secure a secondary source of water

 

In review for more than a year

Will provide nearly 40 million gallons per day

Sustainable source for 50 years

Diversifies sources of water

Decisions on second water source in next several months

Bring on line in next few years

 

New water main, water tanks

Three new water tanks

160,000 feet of new water mains

Booster station improvements

$400 million for second source of water and new water mains/tanks paid through annual increases to water rates (residential and business)

 

The increases are phased in to keep water bills competitive

April 24, 2006          25%

Jan. 1, 2007 10%

2008-2009   7%

2010 – 2014            5%

2015 – 2037            2%

 

Impact to Water Bills

 

Increases to water portion of bill only

No changes to sewer, stormwater, garbage fees

Average residential water use – 8,000

 

Water use

Current Bill

After increase

Increase

8,000

$11.23

$14.03

$2.80

25,000

$28.18

$35.23

$7.05

 

Conservation is Key

 

Citizens/Businesses can participate in solutions

Comprehensive conservation program for Laredo Entertainment Center Affordability programs

Organize citizens committee to review and advise on new water program developments.

 

XII.     GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS

 

15.  A.  Request by Council Member Hector J. Garcia

 

1.  Discussion with possible action regarding enforcement process for the No Smoking in

     Public Places Ordinance.

 

Hector Gonzalez, Health Director, reported that it is important to reach out to the community to educate them on the no smoking ban.  He added that his staff visits all bars and restaurants but has outlined six steps regarding an enforcement process for the No Smoking in Public Place.  He advised that staff is required to visit establishments twice a year. 

 

2.  Discussion with possible action to use $10,000.00 from District II Capital Improvement

     Program discretionary funds for park improvements at Dryden Baseball Field.

 

Motion to approve the use of $10,000 from District II Capital Improvement Program discretionary fund for park improvement to Dryden Baseball Field.

 

     Moved:  Cm.  Garcia

     Second:  Cm.  Amaya

     For:      8                                         Against:  0                                            Abstain:  0

 

 

XIII.    EXECUTIVE SESSION

 

The City Council hereby reserves the right to go into executive session at any time during this public meeting, if such is requested by the City Attorney or other legal counsel for the City, pursuant to his or her duty under Section 551.071(2) of the Government Code, to consult privately with his or her client on an item on the agenda, or on a matter arising out of such item.

 

           

XIV.    ADJOURNMENT

 

      Motion to adjourn.

 

            Moved:  Cm.  Garcia

            Second:  Cm.  Amaya

            For:     8                                               Against:  0                                            Abstain:  0