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CITY OF LAREDO CITY COUNCIL MEETING M2006-R-17 CITY COUNCIL CHAMBERS 1110 HOUSTON STREET LAREDO, TEXAS 78040 September 5, 2006 5:30 P.M.
I. CALL TO ORDER
With a quorum present, Mayor Raul G. Salinas called the meeting to order.
II. PLEDGE OF ALLEGIANCE
Mayor Raul G. Salinas led in the Pledge of Allegiance.
III. ROLL CALL
In attendance:
Raul G. Salinas, Mayor Mike Garza, Council Member, District I Hector Garcia, Council Member, District II Michael Landeck, 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 Anthony McGettrick, Assistant City Attorney
IV. MINUTES
None.
V. COMMUNICATIONS AND RECOGNITIONS
Announcements
a. Presentation by City of Laredo Youth Committee on their recent trip to several Sister Cities in Mexico.
Eduardo Gonzalez, Danny Martinez, Jose Chavana, and Mark Gonzalez gave a comprehensive report on the recent trip to several Sister Cities in Mexico. A short video was played.
Invitations
None.
Recognitions
a. Recognition of the City of Laredo’s 9-1-1 Regional Administration Program for maintaining a low risk status for the South Texas region covering Webb, Zapata, Jim Hogg, and Starr Counties. This is the second consecutive year this status is achieved as assessed by the State of Texas’ Commission on State Emergency Communications.
Jessica Hein, Director of Communications and Administrative Support Services Department, announced that the City of Laredo 9-1-1 Regional Administration Program was recognized for maintaining a low risk status for the South Texas Region covering Webb, Zapata, Jim Hogg, and Starr Counties.
b. Recognition of Elizabeth Martinez, Dora Maldonado, and Arnulfo Cisneros for successfully completing the requirements and obtaining the designation as Registered Texas Assessor/Collector by the Board of Tax Professional Examiners.
Larry Dovalina, City Manager, recognized Elizabeth Martinez, Tax Collector/Assessor, Dora Maldonado, and Arnulfo Cisneros for successfully completing the requirements and obtaining the designation as Registered Texas Assessor/Collector by the Board of Tax Professional Examiners.
Communiqués
Cm. Garcia congratulated Oscar Medina, Solid Waste Director, for being appointed to the Lone Star Solid Waste Water Board representing South Texas. He also commended the individuals who worked on the Labor Day Telethon.
Cm. Landeck expressed his gratitude to the co-sponsor, Cm. Garza, and fellow Council Members for freezing the tax rate for 65-Over and the disabled. He added that the freeze has had a positive impact in the community.
Cm. Belmares congratulated all of the high school football teams who hit the gridiron this past weekend. He encouraged the parents and family members to support athletics because it teaches students discipline, integrity, and sportsmanship. He also recognized Larry Dovalina, City Manager; and Cynthia Collazo, Deputy City Manager, for being recognized at the ICMA for 25 years of public service.
Cm. Chavez spoke against the Minutemen coming to Laredo.
Mayor Salinas noted that he had attended two different football games during the previous weekend. He said that he would try to attend as many football games as he can and encouraged the viewing public to support the athletics. He mentioned that he took a tour of the South Texas Food Bank. He said that he did not realize that so many people, young and old, go to bed without eating at night and noted that it is not acceptable. He went on to say that he is going to do everything he can to create programs that assist the less fortunate. He mentioned that there are unsung heroes that work very hard to provide to citizens that need assistance. He added that the Food Bank serves 20,000 individuals a month. Finally, he noted that he strongly opposes the arrival of the Minutemen that are planning on visiting Laredo. He said that he would not roll out a red carpet for them. He stated that he was concerned about the citizens of Laredo and noted that Laredo citizens do not need “pistol packing” people visiting Laredo and disturbing the tranquility that the City of Laredo has. VI. APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES
None.
VII. PUBLIC HEARINGS
1. Second public hearing for the adoption of a tax rate of $0.637000 per $100 value. The tax rate will provide revenue for general fund and debt service. The rate includes $0.513745 per $100 value of Maintenance and Operation and $0.123255 per $100 value for the Interest and Sinking Fund of the Debt Service and is estimated to generate a tax levy of $53,431,828.00.
Motion to open the public hearing.
Moved: Cm. Belmares Second: Cm. Amaya For: 8 Against: 0 Abstain: 0
Rey Ayala, concerned citizen, requested a reduction in the tax rate due to the recent increase to the property values by the Webb County Appraisal District.
Motion to close the public hearing.
Moved: Cm. Belmares Second: Cm. Garza For: 8 Against: 0 Abstain: 0
2. Public hearing and introductory ordinance adopting the Proposed Annual Budget for Fiscal Year 2006-2007 by appropriating the proposed revenues, expenditures and balances reported therein for the year beginning October 1, 2006 and ending September 30, 2007, consistent with the financial plan described in said Annual Budget; and authorizing the City Manager to implement said Annual Budget.
Motion to open the public hearing.
Moved: Cm. Belmares Second: Cm. Amaya For: 8 Against: 0 Abstain: 0
Motion to amend the Third Party Funding by allocating $20,000 to the Washington Birthday Celebration Association, $20,000 to the Jalapeno Festival, and $10,000 to the Martha Washington Society. The original amount for WBCA was $50,000.
Moved: Cm. Garcia Second: Cm. Rendon For: 8 Against: 0 Abstain: 0
Motion to close the public hearing and introduce as amended.
Moved: Cm. Belmares Second: Cm. Amaya For: 7 Against: 0 Abstain: 1 Cm. Landeck Ordinance Introduction: Cm. Belmares
3. Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by rezoning 3.34 acres, as further described by metes and bounds in attached Exhibit “A,” located on the southwest corner of La Pita Mangana Road and Wright Way, from R-1 (Single Family Residential District) to B-3 (Community Business District); providing for publication and effective date. The Planning and Zoning Commission recommended denial of the proposed zone change.
Motion to open the public hearing.
Moved: Cm. Belmares Second: Cm. Amaya For: 8 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing and postpone for next meeting.
Moved: Cm. Garza Second: Cm. Amaya For: 8 Against: 0 Abstain: 0
Ordinance Introduction: City Council
4. Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by authorizing a Conditional Use Permit for granite, marble, tile & porcelain sales and storage on Lot 1, Block 666, Eastern Division, located at 4119 McPherson Road; providing for publication and effective date. The Planning & Zoning Commission recommended approval of the conditional use permit.
Motion to open the public hearing.
Moved: Cm. Belmares Second: Cm. Amaya For: 8 Against: 0 Abstain: 0 Isaac Tale, representing Mr. Bustamante, noted that the establishment is not open for business yet because they are still bringing in material.
Motion to close the public hearing and introduce.
Moved: Cm. Belmares Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
Ordinance Introduction: Cm. Belmares
5. Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lot 15, Block 42, Las Americas Subdivision, Unit 3, located at 2100 Ejido Avenue from R-1A (Single-Family Residential Reduced Area District) to R-2 (Multi-Family Residential District); providing for publication and effective date. The Planning & Zoning Commission recommended approval of the proposed zone change.
Motion to open the public hearing.
Moved: Cm. Belmares Second: Cm. Garcia For: 8 Against: 0 Abstain: 0
Miguel Gomez advised that he supports City staff’s recommendation.
Motion to close the public hearing and introduce.
Moved: Cm. Garza Second: Cm. Amaya For: 8 Against: 0 Abstain: 0
Ordinance Introduction: Cm. Garza
6. Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lots 4, 5, and 6, Block 1372, Eastern Division, located at 2395-2 Saunders Avenue, from B-3 (Community Business District) to B-4 (Highway Commercial District); providing for publication and effective date. The Planning & Zoning Commission recommended denial of the zone change.
Motion to open the public hearing.
Moved: Cm. Belmares Second: Cm. Garcia For: 8 Against: 0 Abstain: 0
Raul Canales, spoke on behalf of the property owner for approval of the zone change.
Motion to close the public hearing, and override Planning and Zoning, and introduce as a B-4.
Moved: Cm. Amaya Second: Cm. Garcia For: 8 Against: 0 Abstain: 0
Ordinance Introduction: Cm. Amaya
7. Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by authorizing a Conditional Use Permit for multi-family residential on Lots 4, 5 and 6, Block 921, Eastern Division, located at 1719 Cortez Street; providing for publication and effective date. The Planning and Zoning Commission recommended approval of the conditional use permit.
Motion to open the public hearing.
Moved: Cm. Belmares Second: Cm. Amaya For: 8 Against: 0 Abstain: 0
Mary Pena, a concerned citizen, stated that the majority of landowners in said area have objected to this particular zone change. She expressed her concerns for the peaceful neighborhood noting that a multi-family establishment would make it more difficult for current residents to watch out for one another. She asked Council to concur with staff ‘s recommendation and deny the conditional use permit for a multi-family structure.
Roger Rocha, Jr. and Ricardo Villarreal said that he has been in the neighborhood for 35 years. He said that he has had tenants that have been renting to him for over 35 years. He said that his project will enhance the neighborhood by removing an eyesore. He further stated that he would comply with the guidelines established by the Planning and Zoning Commission. He asked Council to consider his request in the affirmative.
Motion to close the public hearing and introduce as a Conditional Use Permit as per the Planning & Zoning Commission.
Moved: Cm. Landeck Second: Cm. Amaya For: 8 Against: 0 Abstain: 0
Ordinance Introduction: Cm. Landeck
8. Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by authorizing a Conditional Use Permit for an adult day care on Lot 1, Block 4, Concord Hills Community Subdivision Phase II, located at 601 Concord Hills Boulevard; providing for publication and effective date. The Planning and Zoning Commission recommended approval of the zone change.
Motion to open the public hearing.
Moved: Cm. Amaya Second: Cm. Garcia For: 8 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing and introduce.
Moved: Cm. Garza Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
(Mayor Salinas was not present and Mayor Pro Tempore Ramirez was chairing the meeting.)
Ordinance Introduction: Cm. Garza
9. Public hearing and introductory ordinance amending the City of Laredo FY 2005-2006 Fleet Management budget by appropriating $300,000.00 for both revenues and expenditures for the purchase of fuels. Funding is available in the respective department budgets.
Motion to open the public hearing.
Moved: Cm. Belmares Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing and introduce.
Moved: Cm. Belmares Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
Ordinance Introduction: Cm. Belmares
10. Public hearing and introductory ordinance amending section 12-2 [Fire Protection Code] of Chapter 12 [Fire Prevention and Protection] of the Code of Ordinances to adopt the 2006 Edition of the International Fire Code; and amending Section 12-6 [Life Safety Code 101 and Handbook] to adopt the 2006 Edition of the Life Safety Code 101 and Handbook; and amending Section 12-4 [Penalties for Violations] to provide that the penalties apply to all provisions of Article I of Chapter 12; and providing for publication and effective date.
Motion to open the public hearing.
Moved: Cm. Belmares Second: Cm. Garcia For: 8 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing and introduce.
Moved: Cm. Garcia Second: Cm. Rendon For: 8 Against: 0 Abstain: 0
Ordinance Introduction: City Council
11. Public hearing and introductory ordinance amending Section 12-81 [Purpose and Schedule] of Article IV [Fire Prevention Fees] of Chapter 12 [Fire Prevention & Protection] of the Code of Ordinances to revise and increase the fees for inspection services; and section 12-82 thereof to increase the fees for secondary inspections; and providing for effective date.
Motion to open the public hearing.
Moved: Cm. Belmares Second: Cm. Amaya For: 8 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing and introduce.
Moved: Cm. Garza Second: Cm. Belmares For: 8 Against: 0 Abstain: 0
Ordinance Introduction: City Council
12. Public hearing and introductory ordinance amending Chapter 7 of the Code of Ordinance in order to adopt the 2006 version of one code, and adoption two other, to- wit: 1. Adopting the 2006 edition of the International Building Code by amending section 7-1 and 7-2; and 2. Adopting the 2006 edition of the International Mechanical Code, by amending section 7-4; and 3. Adoption the 2006 edition of the International Residential Code by amending section 7-7; and 4. Adopting the 2006 edition of the International Property Maintenance code by adding new section 7-8; and 5. Adopting the International Energy Conservation Code by adding section 7-9; and 6. Adopting the 2006 edition of the International Existing Building Code, by adding new section 7-10; and 7. Increase the re-inspection fee from twenty ($20.00) dollars to fifty ($50.00) dollars and providing for publication and effective date.
Motion to open the public hearing.
Moved: Cm. Belmares Second: Cm. Amaya For: 8 Against: 0 Abstain: 0
There was no public input.
Anthony McGettrick, Assistant City Attorney, recommended the following amendment to the posted agenda. He said that it should read “Ordinance amending Chapter Seven of the Code of Ordinances in order to Adopt the 2006 versions of six codes”.
Motion to close the public hearing and introduce.
Moved: Cm. Garza Second: Cm. Amaya For: 7 Against: 1 Abstain: 0 Mayor Pro Tempore Ramirez
Ordinance Introduction: City Council
13. Public hearing and introductory ordinance amending Chapter 25 of the Code of Ordinances in order to adopt two other, to-wit:
1. Amending Section 25-3 to adopt the 2006 Edition of the International Plumbing Code; and 2. Adding new Section 25-6 (International Fuel Gas Code), thereby adopting the 2006 edition of the International Fuel Gas Code, 3. Adding Section 25-7 (International Private Disposal Gas Code) thereby adopting the 2006 edition of the International Private Sewage Disposal code; and 4. Increasing the re-inspection fee from twenty dollars ($20.00) to fifty ($50.00) dollars; and providing for publication and effective date.
Motion to open the public hearing.
Moved: Cm. Belmares Second: Cm. Amaya For: 8 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing and introduce with the amendment to the agenda that reads “in order to adopt two others,” and it should be amended to read “to adopt “three” others.
Moved: Cm. Garza Second: Cm. Garcia For: 8 Against: 0 Abstain: 0
Ordinance Introduction: City Council 14. Public hearing and introductory ordinance amending the City of Laredo FY 2005-06 annual budget by authorizing the City Manager to accept, execute and appropriate revenues and expenditures for the Local Public Health System-Office of Public Health Practices (OPHP) grant in the amount of $306,835.00 from the Texas Department of State Health Services, and amending the Full-Time Equivalent positions (FTEs) for the City of Laredo Health Department. The term period for the grant is from September 1, 2006, through August 31, 2007.
Motion to open the public hearing.
Moved: Cm. Belmares Second: Cm. Amaya For: 8 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing and introduce.
Moved: Cm. Belmares Second: Cm. Rendon For: 8 Against: 0 Abstain: 0
Ordinance Introduction: City Council
15. Public hearing and introductory ordinance amending Chapter 15, Health and Sanitation, Article I, In General, Sec. 15-14 of the City of Laredo Code of Ordinances by including the increase in fee from $4.00 to $7.00 per person for the administration of immunizations at the City of Laredo Health Department, and setting a maximum fee of $21.00 per family; and providing for publication and effective date.
Motion to open the public hearing.
Moved: Cm. Belmares Second: Cm. Amaya For: 8 Against: 0 Abstain: 0
Motion to keep the vaccination at $4.00 and ask the department to locate the additional $40,000.
Moved: Cm. Landeck Second: Mayor Pro Tempore Ramirez For: No vote on motion
Motion to close the public hearing and reject the ordinance.
Moved: Cm. Landeck Second: Cm. Garza For: 8 Against: 0 Abstain: 0
16. Public hearing and introductory ordinance amending Chapter 13, Food and Food Products, Article II, Food Products Establishments, Section 13-58, Issuance of Food Handler’s Certificates, Division 3 – Employees of the City of Laredo Code of Ordinances by adding section (f) to establish an on-site food service sanitation training and to establish a fee of $250.00 per site as all other fees remain in effect; and providing for publication and effective date.
Motion to open the public hearing.
Moved: Cm. Garcia Second: Cm. Amaya For: 8 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing and introduce.
Moved: Cm. Garza Second: Cm. Rendon For: 8 Against: 0 Abstain: 0
Ordinance Introduction: City Council 17. Public hearing and introductory ordinance amending Chapter 6, Animal and Fowl, Article II, Rabies Control, Sec. 6-21, Immunization required for dogs and cats of the City of Laredo Code of Ordinances to establish a rabies vaccination fee of ten dollars ($10.00) to assist with the operations of the Animal Control and Rabies Prevention Services; and providing for publication and effective date.
Motion to open the public hearing.
Moved: Cm. Belmares Second: Cm. Garcia For: 8 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing and introduce with the amendment from $10.00 to $12.00 to be budgeted by giving the City of Laredo Health Department $10.00 and two (2.00) to the Animal Shelter.
Motion to close the public hearing and introduce with amendment to $12.00.
Moved: Cm. Garcia Second: Mayor Pro Tempore Ramirez For: 8 Against: 0 Abstain: 0
Ordinance Introduction: City Council 18. Public hearing and introductory ordinance amending the City of Laredo FY 2005-2006 Airport Construction Budget to recognize additional revenues from a grant received from the Federal Aviation Administration Airport Improvement Program Discretionary Grant being Grant Project No. 3-48-0136-49-06 in the amount of $7,500,000.00 to rehabilitate Phase 2 of the General Aviation Apron, construct Phase 2 of the N.E. Cargo Apron, construct cargo pads at the Laredo International Airport and acquire land and appropriating said grant revenue and local match to the appropriate expenditure accounts and authorizing the City Manager to implement said budget amendment. The local match of five (5) percent in the amount of $394,737.00 is available in the Airport Construction Fund-Land Reimbursable Account (Rash Tract).
Motion to open the public hearing.
Moved: Cm. Belmares Second: Cm. Landeck For: 8 Against: 0 Abstain: 0
Motion to close the public hearing and introduce.
Moved: Cm. Landeck Second: Cm. Amaya For: 8 Against: 0 Abstain: 0
Ordinance Introduction: Cm. Landeck
VIII. INTRODUCTORY ORDINANCES
19. Authorizing the City Manager to execute an Easement and Underground Service Agreement Document WR#5647116 with American Electric Power (AEP) consisting of approximately 276.00 square foot tract of land for a 12 foot wide AEP easement out of Block 18, of the plat of the Laredo Airport, recorded in Volume 5, Page 1, of the plat records of Webb County, Texas, for the installation of electrical facilities at 4608 Daugherty at the Laredo International Airport; providing for an effective date.
Ordinance Introduction: City Council
20. Repealing City of Laredo Code of Ordinances, Chapter 2-Administration, Article II- Departments, Officers and Employees, Division 1-Generally, Sec. 2-17-Division of Departments; providing for severability, repeal all laws in conflict, and an effective date.
Ordinance Introduction: City Council
IX. FINAL READING OF ORDINANCES
Motion to waive the final reading of Ordinances # 2006-O-209, # 2006-O-210, # 2006-O- 211, # 2006-O-212, # 2006-O-213, # 2006-O-214, # 2006-O-215, # 2006-O-216, # 2006-O- 217, # 2006-O-218, # 2006-O-219, # 2006-O-220, # 2006-O-221, # 2006-O-222, # 2006-O- 223, and # 2006-O-224.
Moved: Cm. Garcia Second: Cm. Amaya For: 8 Against: 0 Abstain: 0
21. 2006-O-209 Authorizing the City Manager to accept a $3,000.00 donation from Paul Young Properties, LTD. and amending the City of Laredo FY 2005-2006 General Fund Annual Budget by appropriating and revenues and expenditures in the amount of $3,000.00 in the form of a donation for the purpose of building a perimeter fence at the Eastwoods Park. (As amended)
Motion to adopt Ordinance # 2006-O-209 as amended with the correction of “Eastwoods Project Account” instead of “General Fund.”
Moved: Cm. Belmares Second: Cm. Rendon For: 8 Against: 0 Abstain: 0 2006-O-210 Amending Chapter 19, Motor and Traffic, Article VIII Stopping, Standing or Parking, Section 19-355, Minimum Fines for Parking Violations for the Code of Ordinances of the City of Laredo, to increase the minimum fines for the parking violations, include the additional parking violations and associated fines and to add a late charge for nonpayment; and providing for severability, publication and effective date. (As amended)
Motion to adopt Ordinance # 2006-O-210.
Moved: Cm. Belmares Second: Cm. Amaya For: 8 Against: 0 Abstain: 0 2006-O-211 Amending the FY 2005-2006 Annual Budget by accepting a grant for $28,500.00 from the United States Environmental Protection Agency (EPA) for the funding of the Joint Hazardous Material Education Initiative.
Motion to adopt Ordinance # 2006-O-211.
Moved: Cm. Belmares Second: Cm. Amaya For: 8 Against: 0 Abstain: 0 2006-O-212 Amending the City of Laredo FY 2005-2006 Annual Budget by appropriating revenues and expenditures in the amount of $164,837.00 in funds from the Texas Department of State Health Services, which includes $24,712.00 from an estimated Program Income for the Tuberculosis Elimination Program of the City of Laredo Health Department for the period beginning September 1, 2006 through August 31, 2007.
Motion to adopt Ordinance # 2006-O-212.
Moved: Cm. Belmares Second: Cm. Amaya For: 8 Against: 0 Abstain: 0 2006-O-213 Authorizing the City Manager to execute a concession agreement between the City of Laredo and Carlos Becerra, Jr. DBA Carlos Jr. refreshments for the right to sell food and non-alcoholic beverages from a cart at the corner of Iturbide and Convent Streets. The term of the agreement is for two (2) years at a rate of one hundred fifty dollars ($150) per month.
Motion to adopt Ordinance # 2006-O-213.
Moved: Cm. Belmares Second: Cm. Amaya For: 8 Against: 0 Abstain: 0 2006-O-214 Accepting funds in the amount of $120,000.00 from the South Texas 9-1-1 Regional Administration Division to cost share personnel at the Laredo Police Department Public Safety Answering Point in accordance to Section 771.0751 of the Texas Health and Safety Code and Rule 251.3 Use of Revenue in certain counties from the Commission on State Emergency Communications; and amending the FY 2005-2006 General Fund Budget of the City of Laredo by appropriating revenues and expenditures in the amount of $120,000.00 for salary expenses for Laredo Police Department Communications Division.
Motion to adopt Ordinance # 2006-O-214.
Moved: Cm. Belmares Second: Cm. Amaya For: 8 Against: 0 Abstain: 0 2006-O-215 Authorizing the City Manager’s acceptance of a grant from the South Texas Development Council (STDC) in the amount of $28,213.00 with no matching funds and amending the City of Laredo’s FY 2005-2006 Annual Budget for the Environmental Services fund by appropriating the said grant revenue to the appropriate expenditure accounts. The grant funds will be used for a litter reduction campaign.
Motion to adopt Ordinance # 2006-O-215.
Moved: Cm. Belmares Second: Cm. Amaya For: 8 Against: 0 Abstain: 0 2006-O-216 Authorizing the City Manager to amend the 2005-2006 Veterans Field Fund Annual Budget by appropriating revenues and expenditures in the amount of $114,300.00 for the operations of the Broncos Baseball Team housed at the Veterans Field as part of the lease agreement with Laredo Equities, LLC.
Motion to adopt Ordinance # 2006-O-216.
Moved: Cm. Belmares Second: Cm. Amaya For: 8 Against: 0 Abstain: 0 2006-O-217 Authorizing the City Manager to execute an Interlocal Agreement with Webb County for the purpose of renovating the Larga Vista Park and authorizing the City to provide park improvements in an amount not to exceed $75,000.00. Park improvements will include a walking trail, basketball court renovation and other park amenities as specified in Exhibit “A”.
Motion to adopt Ordinance # 2006-O-217.
Moved: Cm. Belmares Second: Cm. Amaya For: 8 Against: 0 Abstain: 0 2006-O-218 Authorizing the City Manager to execute a lease with USATSM, for approximately 6,017 square feet constituting Section 1 of Building No. 170 located at 5103 Maher Avenue at the Laredo International Airport. Lease term is for five (5) years commencing on July 31, 2006, and ending on July 30, 2011. Monthly rent shall be $2,647.48 and will be adjusted annually according to changes in the Consumer Price Index; providing for an effective date.
Motion to adopt Ordinance # 2006-O-209.
Moved: Cm. Belmares Second: Cm. Amaya For: 8 Against: 0 Abstain: 0
2006-O-219 Approving the property exchange agreement with J & J Flores Properties, LTD, copy of which is attached as Exhibit 1; authorizing the City Manager to convey tract of 0.059 acres to J & J Flores Properties, LTD, described therein, authorizing the City Manager to accept deed of 0.1379 acres from J & J Flores Properties, LTD to the City of Laredo described therein; and providing for effective date.
Motion to adopt Ordinance # 2006-O-219.
Moved: Cm. Belmares Second: Cm. Amaya For: 8 Against: 0 Abstain: 0 2006-O-220 Closing as a public easement, a tract of land, 12.20 ft. wide containing 4,992 sq. ft, more or less, out of the east half of Convent Avenue extending from right-of-way line of Zaragoza Street to International Bridge No. 1 facilities, situated in the Western Division, County of Webb, Texas, as described in Exhibit “A” and providing for an effective date.
Motion to adopt Ordinance # 2006-O-220.
Moved: Cm. Belmares Second: Cm. Amaya For: 8 Against: 0 Abstain: 0 2006-O-221 Amending the City of Laredo Code of Ordinances as follows: Chapter 2, Article II, Division 6 (Pay Administration), Section 2-87.7 (12) (a), providing for a cost of living adjustment increase of 2.5% except as otherwise stated in a collective bargaining agreement; providing for an effective date of October 8, 2006.
Motion to adopt Ordinance # 2006-O-221.
Moved: Cm. Belmares Second: Cm. Amaya For: 8 Against: 0 Abstain: 0 2006-O-222 Amending Chapter 19 “Motor Vehicles and Traffic”, Article VIII; Stopping, Standing or Parking, of the code of Ordinances of the City of Laredo; specifically Section 19-364, Restricted Parking Areas, establishing a “No Parking Anytime/Tow Away Zone” on the east and west side of the 4900 block to the 5200 block of Tesoro Plaza, located north of West Calton Road, within city limits of Laredo; providing for severability, effective date and publication.
Motion to adopt Ordinance # 2006-O-222.
Moved: Cm. Belmares Second: Cm. Amaya For: 8 Against: 0 Abstain: 0 2006-O-223 Accepting a grant in the amount of $100,000 from the Texas Department of Transportation for enforcement of Comprehensive Selective Traffic Enforcement Program. The grant period will begin October 01, 2006 and runs thru September 30, 2007. This grant is for overtime salaries. The City of Laredo will match with $26,350 for fringe benefits.
Motion to adopt Ordinance # 2006-O-223.
Moved: Cm. Belmares Second: Cm. Amaya For: 8 Against: 0 Abstain: 0
2006-O-224 Accepting a grant in the amount of $40,000 from the Texas Department of Transportation for performance of the Commercial Motor Vehicle Selective Traffic Enforcement Program from October 01, 2006 through September 30, 2007. This grant is for overtime salaries. The City of Laredo will match with $10,537 for fringe benefits.
Motion to adopt Ordinance # 2006-O-224.
Moved: Cm. Belmares Second: Cm. Amaya For: 8 Against: 0 Abstain: 0 X. RESOLUTIONS
22. 2006-R-087 Authorizing the City Manager to execute a funding agreement with the Texas Department of Transportation and to disburse a payment in the amount of $603,000.00 as the City’s contribution to the cost of right of way acquisition and adjustment of compensable utilities for the portion of the proposed Cuatro Vientos Highway, located from SH 359 to 1.0 miles south of SH 359, identified as location “B” on attachment “B”. Funding is available in the 2006 C.O.
Motion to approve Resolution # 2006-R-087.
Moved: Cm. Garcia Second: Cm. Amaya For: 8 Against: 0 Abstain: 0 23. 2006-R-088 Authorizing the City Manager to execute a funding agreement with the Texas Department of Transportation and to disburse a payment in the amount of $154,606.00 as the City’s contribution to the cost of right of way acquisition for the portion of the proposed Cuatro Vientos Highway, located from 0.9 miles north of the intersection of SH 359 and Loop 20, to 0.4 miles south of the intersection of SH 359 and Loop 20, as identified on Attachment “A”. Funding is available in the 2006 C.O.
Motion to approve Resolution # 2006-R-088.
Moved: Cm. Garcia Second: Cm. Amaya For: 8 Against: 0 Abstain: 0 24. 2006-R-089 Authorizing the City Manager to execute a funding agreement with the Texas Department of Transportation and to disburse a payment in the amount of $2,275.00 as the City’s contribution to the cost of right of way acquisition and adjustment of compensable utilities for the portion of the proposed Cuatro Vientos Highway, located from SH 359 to 1.0 miles south of SH 359, identified as location “A” on attachment “B”. Funding is available in the 2006 C.O.
Motion to approve Resolution # 2006-R-089.
Moved: Cm. Garcia Second: Cm. Amaya For: 8 Against: 0 Abstain: 0 25. 2006-R-090 Officially recognizing the thousands of heroes, victims and survivors of the 9/11 terrorist attacks on our country by declaring September 11th a day of remembrance of the sacrifice made and courage displayed by our fellow Americans.
Motion to approve Resolution # 2006-R-090.
Moved: Cm. Garcia Second: Cm. Amaya For: 8 Against: 0 Abstain: 0 XI. MOTIONS
26. Authorizing the City Manager to execute an agreement with the Texas Commission on Environmental Quality (TCEQ) in order to implement the Sanitary Sewer Overflow (SSO) Initiative Program.
Motion to approve.
Moved: Cm. Garcia Second: Cm. Amaya For: 8 Against: 0 Abstain: 0 27. Amending the capital improvements program public hearing date to September 18, 2006 to be held at the regularly scheduled City Council meeting at City Hall located at 1110 Houston Street at 5:30 p.m.
Motion to approve.
Moved: Cm. Garcia Second: Cm. Amaya For: 8 Against: 0 Abstain: 0 28. A motion to set the date of September 8, 2006 for a special City Council meeting to introduce an ordinance for the adoption of a tax rate of $0.637000 per $100 value. The tax rate will provide revenue for general fund and debt service. The rate includes $0.513745 per $100 value of Maintenance and Operation and $0.123255 per $100 value for the Interest and Sinking Fund of the Debt Service and is estimated to generate a tax levy of $53,431,828.00.
Motion to approve.
Moved: Cm. Garcia Second: Cm. Amaya For: 8 Against: 0 Abstain: 0
29. Consideration for approval to reject bid received for the Laredo International Airport construction of Northeast Cargo Apron (Phase II), General Aviation Apron (Phase II) and Southwest Cargo Apron concrete pads and authorization to re-bid the project. Funding is available in the Airport Construction Fund.
Motion to approve.
Moved: Cm. Garcia Second: Cm. Amaya For: 8 Against: 0 Abstain: 0
30. Consideration for approval to award an engineering contract to Freese and Nichols, Inc., Fort Worth, Texas, for an amount of $176,415.00 for the design and preparation of plans and specifications for the Materials Recovery Center for the City of Laredo Landfill in accordance with the requirements of the Texas Commission on Environmental Quality. Funding is available in the Solid Waste Fund.
Motion to approve.
Moved: Cm. Garcia Second: Cm. Amaya For: 8 Against: 0 Abstain: 0 31. Consideration for approval to award a Professional Services Contract to Carter & Burgess, Inc., Fort Worth, Texas, for an amount not to exceed $142,347.00 for design and preparation of plans and specifications for the Laredo International Airport General Ramp reconstruction-Phases III and IV, Guidance Sign Layout Plan Modifications and Airport Layout Plan Set Modifications. Funding is available in the FAA Grant Project No. 3-48-0136-048-2006.
Motion to approve.
Moved: Cm. Garcia Second: Cm. Amaya For: 8 Against: 0 Abstain: 0
32. Consideration to authorize the selection of a consultant and enter into negotiations for the update of City of Laredo Parks and Open Space Master Plan. The consultant recommended for selection is Pemberton Professional Services, LLC.
Motion to approve.
Moved: Cm. Garcia Second: Cm. Amaya For: 8 Against: 0 Abstain: 0
33. Consideration to authorize payment to seven vendors (Embarq, Intrado, DIR, AT&T, Nextel Partners, and Verizon) for providing 9-1-1 telephone network, database, wireless, equipment lease, and equipment maintenance services for the four county regional 9-1-1 system in the projected amount of $454,000.00. (Projected amounts are based on telephone counts at time of billing). Funding is available in the 9-1-1 Regional Fund.
Motion to approve.
Moved: Cm. Garcia Second: Cm. Amaya For: 8 Against: 0 Abstain: 0
34. Consideration to award contract FY06-084 for the purchase of dealer repair parts for the vehicles in the City of Laredo’s Fleet Department to Paul Young Chevrolet, Inc., Laredo, Texas, in the estimated amount of $20,000.00 and Powell Watson, Laredo, Texas, in the estimated amount of $15,000.00. All parts will be purchased on as needed basis. Funding is available in the Fleet Maintenance budget.
Motion to approve.
Moved: Cm. Garcia Second: Cm. Amaya For: 8 Against: 0 Abstain: 0
35. Authorizing the City Manager to write-off various antiquated accounts receivable deemed to be un-collectible. The total amount of the write-off is $725,395.71. The financial impact to the City is an expenditure in the amount of $23,870.32 for the fiscal year.
Motion to approve.
Moved: Cm. Garcia Second: Cm. Amaya For: 8 Against: 0 Abstain: 0 36. Directing staff to prepare a service plan for the voluntary annexation of seven (7) tracts of land totaling 163.76 acres, more or less, as shown on attachment “A”, in accordance with Section 43.052 of the Texas Local Government Code.
Motion to approve.
Moved: Cm. Garcia Second: Cm. Amaya For: 8 Against: 0 Abstain: 0
37. Award of a two-year professional service contract to First National Bank, Texas, N.A. for banking services to be provided to the City of Laredo for FY 2007 and 2008. There will be no fees charged to the City with 65% of the 91 Day T-Bill paid on interest earned.
Motion to approve.
Moved: Cm. Garcia Second: Cm. Amaya For: 8 Against: 0 Abstain: 0
38. Consideration to authorize the purchase of two (2) ¾ ton Suburbans for the Police Department in the total amount of $73,732.00 for Caldwell Country Chevrolet, Inc. through the Houston Galveston Area Council of Governments (HGAC)-Cooperative Purchasing Program. Funding is available from a Homeland Security grant.
Motion to approve.
Moved: Cm. Garcia Second: Cm. Amaya For: 8 Against: 0 Abstain: 0 39. Authorizing the City Manager to approve payment from the City’s Arena Renewal and Replacement Account for the purchase of replacement parts for disabled chairs, temper glasses, floor scrubber, upright vacuum, u-line refrigerator for suites, chaffing dishes, traffic cones, security camera and table cloths and skirts in a total amount not to exceed $48,000.00. Items purchased through the Renewal and Replacement Account are on a 50% cost basis to the City of Laredo and a 50% cost to Arena Ventures, L.L.C.; Funding is available in the Renewal and Replacement Account.
Motion to approve.
Moved: Cm. Garcia Second: Cm. Amaya For: 8 Against: 0 Abstain: 0
XII. GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS
40. A. Request by Mayor Raul G. Salinas
1. Discussion with possible action on the creation of an ombudsman position for the City. (Co-sponsored by Council Member Mike Garza.)
Mayor Salinas gave a comprehensive report and reasonings why the City of Laredo should have an ombudsman position. He explained that the ombudsman reports to the Mayor and City Council.
Cm. Garza agreed that the conceptual thought is that it is a great idea for communication for the employees. He noted that it is a feeling of comfort for employees to be able to talk to an individual that is not “tied” into the City. He said that it would provide an instrument for there to be mediation that could prevent potential grievances that may occur. He spoke in favor of an ombudsman provided that staff provide a report to Council on what other municipalities do in this situation.
Larry Dovalina, City Manager, said that he will be attending an International Convention next week and staff is able to network with other individuals throughout the country. He said that he will explore the idea and bring back a report with recommendations.
B. Request by Council Member Gene Belmares
1. Discussion with possible action on extending Shiloh Blvd. from Snow Falls to Killam property.
Cm. Belmares noted that he has been talking with the land owners who have invested in the property and who will be impacted by the extension of Shiloh and they are ready to come forward with their dedication and their improvements for the project. He instructed the City Manager to begin acquiring the right-of-way so the City can begin the extension of Shiloh Blvd from Snow Falls to Killam property. He requested for City Staff to acquire the right-of-way and obtain funding for the roadway from the invested land owners. He advised that he had requested a meeting with the City Manager and Finance Director.
Motion to instruct staff to begin working with the property owners for their dedications and improvements for the Shiloh extension from Snow Falls to Killam Property and to acquire the right-of-way and search for the funding source in order to complete the extension.
Moved: Cm. Belmares Second: Mayor Pro Tempore Ramirez For: 8 Against: 0 Abstain: 0
2. Status report of one stop development center, with possible action.
Erasmo Villarreal, Building Director, described the one stop shop as development from the planning process, planning review to the permitting process. He said that the process as been broken into the Commercial Section and to the Residential Section. He said that departments meet once a week to do a plan review which shortens the time that it takes for the plans to go from department to department for approval. He added that he has added a process where the examiner goes out into the field to review the site to make sure there are no conflicts. He also explained that staff is being cross trained to issue permits for different functions. He advised the department needs friendly software so individuals can apply for permits online. He advised that the planning process is being reviewed to see where the process can be shortened by reorganizing or consolidating the personnel that are needed to do the planning review. He said that it would be much easier to have everyone involved in the process in the same facility. To bring everyone together he needs the space which is another issue. The frame work including the Sub-Division Ordinance, Land Development Code, and Fire Code are all being reviewed so they can be included in the Land Development Code.
Keith Selman, Planning Director, said that he would be doing the revisions to the subdivision in house and it should be complete in nine months.
Cm. Belmares advised that Council had allowed staff eighteen months to complete the frame work for the planning/building process so they can approach Council for additional staff or funds during the budget process.
C. Request by Council Member Juan Chavez
1. Discussion with possible action to set a timeline policy for requested information by individual councilmen.
Cm. Chavez said that the reason he placed this item on the agenda is because he has had to wait more than a week to get information on his requested information. He noted that one particular report took over a month. He suggested creating a five day policy timeline for requested information.
Larry Dovalina, City Manager, apologized for the delay in a requested information request noting that it was his fault. He said that when he has the information he does respond as quickly as possible. He explained that some information has to be compiled which takes time.
Cm. Garza suggested applying the rules of the “Open Government” to the Council’s request which is ten working days.
Motion to set a maximum of ten day timeline policy for requested information.
Moved: Cm. Chavez Second: Cm. Belmares For: 8 Agaisnt: 0 Abstain: 0
2. Report on the number of city employees that are issued a city vehicle, the rational and the monthly operational cost with possible action.
Cm. Chavez reported that the city of Laredo has 245 employees that take vehicles home. He requested a spread sheet of the 1099, fuel cost, insurance cost, and repair cost for said vehicles.
Cm. Garza requested information regarding the typical on-call or response emergency per month for each vehicle.
Rosario Cabello, Finance Director, advised Council that some of the following vehicles are tax exempt: police or fire, unmarked vehicles, ambulances, heavy equipment, dump trucks, utility repair vehicles, and vans. She also explained that several department have internal logs explaining where the vehicles are used.
3. Report on the number of city employees that are issued a car allowance, the rational and the dollar amounts with possible action.
Cm. Chavez stated that he had received his report and made no further comment.
D. Request by Mayor Pro-Tempore Juan Ramirez
1. Discussion with possible action on reported burglaries at the El Portal Center and status on police investigations into these incidents.
Police Chief Agustin Dovalina reported that they have a total of six burglaries that have been reported at the El Portal Centers. One of the investigations reveals that the burglary was an employee and she has moved to Mexico. Some of the other burglaries have been done by juveniles and they are under investigation. Officers in the area have been apprised of the activities around the area and they will be conducting extra patrol surveillance of the area which will deter the activity.
2. Discussion with possible action on solicitation violations in the downtown area.
Mayor Pro Tempore Ramirez said that this has to do with the solicitation of businesses for the importation of cars into Mexico. He said that if you drive by the 400 block of Santa Ursula there are up to twenty males trying to solicit business. He expressed his dissatisfaction with the vagrants that are in the downtown area because he feels they are hurting the image of Laredo.
Cm. Garcia questioned whether or not the City can draft an ordinance that prohibits panhandlers from the downtown area. He asked the City Manager to poll surrounding cities to see what they do in handling panhandlers.
Larry Dovalina, City Manager, said that you cannot draft an ordinance that targets a particular person because it is unconstitutional. He said that he would return back to Council with suggestions of keeping vagrants off the streets in the downtown area.
3. Discussion with possible action on whether or not the City requires in its procurement policies that a construction contractor provide proof that employees and employees of subcontractors are legally able to work in the U.S.
Larry Dovalina, City Manager, said that the City does not require that a construction contractor to provide proof that employees and employees of sub- contractors are legally able to work in the U. S. He said that the City of Laredo can start altering the bid specs if directed by City Council.
Motion to instruct the City Manager to include a procurement policy that will instruct the construction contractor to provide that all of his employees and employees of sub-contractors are legally able to work in the U. S.
Moved: Mayor Pro Tempore Ramirez There was not a second
Horacio De Leon, Assistant City Manager, said that the City of Laredo has a responsibility to monitor construction contractors employees to see if they are legally able to work in the United States for Federal Grant Projects.
Mayor Pro Tempore Ramirez directed staff to study the requirements of future proposals in regards to the said item and return to Council with recommendations.
4. Status report on the parking lot at the old Customs import lot next to Bridge II and the Santa Ursula Connector.
Rogelio Rivera, City Engineer, reported that the import lot has been paved with concrete and is available for parking. He reported that the lot does not have proper lighting for night time use.
Mayor Pro Tempore Ramirez requested a study of the parking lot at the old Customs so the City of Laredo can use the extra parking during special events.
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
City Council Supplemental
I. Appointments to Commissions, Boards, and Committees
1. Appointment by Mayor Raul G. Salinas of Daniel Rodriguez as the tourism industry representative to the Blue Ribbon committee for the river Vega Master Plan.
Motion to approve.
Moved: Cm. Belmares Second: Cm. Amaya For: 8 Against: 0 Abstain: 0
2. Appointment by Council Member Johnny Rendon of Joseph Mendiola to the Planning and Zoning Commission to replace Veronica Cantu.
Motion to approve.
Moved: Cm. Belmares Second: Cm. Amaya For: 8 Against: 0 Abstain: 0
II. Motion to adjourn. 9:47 p.m.
Moved: Mayor Pro Tempore Ramirez Second: Cm. Amaya For: 8 Agaisnt: 0 Abstain: 0
I, Gustavo Guevara, Jr., City Secretary, do hereby certify that the above minutes contained in pages 01 to 26 are true, complete, and correct proceedings of the City Council meeting held on September 5, 2006.
____________________________________ Gustavo Guevara, Jr. City Secretary
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