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CITY OF LAREDO CITY COUNCIL MEETING M2006-R-23 CITY COUNCIL CHAMBERS 1110 HOUSTON STREET LAREDO, TEXAS 78040 DECEMBER 4, 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 Cynthia Collazo, Acting City Manager Horacio De Leon, Assistant City Manager Rafael Garcia, Assistant City Manager Valeria Acevedo, Acting City Attorney IV. MINUTES
Approval of the minutes of August 14, 2006 and August 17, 2006.
Motion to approve.
Moved: Mayor Pro Tempore Ramirez Second: Cm. Amaya For: 8 Against: 0 Abstain: 0 V. COMMUNICATIONS AND RECOGNITIONS
Announcements
None.
Invitations
None.
Recognitions
None.
Communiqués
Cm. Garza expressed his concerns for the families from Laredo’s Missing. He said that the families deserve an answer as to what has happened to their missing loved ones. He congratulated the United High School Longhorns for their performance in the football playoffs. Lastly, he thanked Cm. Amaya for his support and guidance in assisting him in developing a plan to provide help to less fortunate families on Thanksgiving. He thanked the individuals that assisted him in distributing over 400 fruit baskets and 100 turkeys to needy families.
Cm. Garcia echoed Cm. Garza regarding Laredo’s Missing. He concurred that is it extremely important to obtain information regarding the missing to the families. He congratulated the United Longhorns. He said that he was able to distribute over 175 turkeys in District II. He reminded the viewing public to “drive friendly” throughout the Christmas holidays.
Cm. Landeck expressed empathy for the families of Laredo’s Missing. He stressed the importance of providing information to the families regarding their children/parents.
Cm. Amaya said that on December 16, 2006 the District IV Special Projects Committee will hold their sixth annual distribution of toys to over 300 less fortunate students that were selected by the school districts and churches. He thanked all the individuals that donated or worked towards this cause.
Cm. Rendon thanked the staff of United States Congressman Henry Cuellar for providing him with the name of a soldier that had returned to Laredo from Iraq. He said that he provided a turkey dinner for the soldier and her family.
Cm. Belmares thanked North Independent School District for their hospitality at the United High School Longhorn game in San Antonio. He said that the Longhorns did a phenomenal job playing football in San Antonio. He invited everyone to attend the Annual Sister Cities Conference and Sister Cities Festival. He said that Brenda Jackson, coloratura soprano, would be performing at the event. He echoed the sentiments of the other Council Members regarding the Laredo’s Missing. He said that he prays for the Pina family and other families that are missing family in Mexico. He extended his condolences to the Arthur family who lost their father this week. Finally, he invited all the Council and others to attend the annual football game held to raise funds for the Blue Santa.
Cm. Chavez said that he would initiate a scholarship program for Laredo students.
Mayor Pro Tempore Ramirez expressed his sympathy to the Castillo family for their loss. He also announced that he traveled to Tapatitlan, Jalisco to sign Sister City agreements.
Mayor Flores proudly announced that he along with Blue Santa program was able to raise over $10,000 for the less fortunate students. He also said that he visited Trooper Juan Sandoval who was injured in a traffic stop. He advised that the trooper’s wife was very pleased with the Police Department and Emergency Medical Technicians.
Citizen comments Citizens are required to fill out a witness card and identify themselves at the microphone. Comments should be relevant to City business and delivered in a professional manner. No derogatory remarks will be permitted. There is a time limit of three minutes per speaker.
Dr. Nora R. Garza & Blas Castaneda thanked Council for their continued support to the Laredo Community College through Third Party Funding. She noted that the funds have been a tremendous assistance to the university. She asked the Council to consider additional funds for the college from the Third Party Funding. Blas Castaneda concurred with Dr. Garza noting that the funds that are given to the college are used for community projects.
Hank Rose & Monica Perales Garcia appealed to the Council regarding the funding that the Animal Protective Society from the Third Party Funding. She said that an increase in funding would implement ideas that would turn into action. She stressed the fact that animals are in a crises in the City of Laredo.
VI. APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES
a. Appointment by Mayor Raul G. Salinas of Al Chapa to the Health Blue Ribbon Committee.
Motion to approve.
Moved: Cm. Belmares Second: Cm. Chavez For: 8 Against: 0 Abstain: 0 b. Appointment by Council Member Juan Chavez of Cristobal Rodriguez to the Planning and Zoning Commission.
Motion to approve.
Moved: Cm. Belmares Second: Mayor Pro Tempore Ramirez For: 8 Against: 0 Abstain: 0
VII. PUBLIC HEARINGS
Cm. Belmares left the meeting.
1. Individual public hearings for the voluntary annexation of seven (7) tracts of land Tract 1: U.I.S.D. Tract– 33.19 acres, more or less;
Motion to open the public hearing.
Moved: Cm. Garcia Second: Cm. Chavez For: 7 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing.
Moved: Cm. Amaya Second: Cm. Landeck For: 7 Against: 0 Abstain: 0
Tract 2: Tanquecitos Tract– 52.94 acres, more or less;
Motion to open the public hearing.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0 Tract 3: Alarcon Tract – 1.85 acres, more or less;
Motion to open the public hearing.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing.
Moved: Cm. Garza Second: Cm. Garcia For: 7 Against: 0 Abstain: 0
Tract 4: Hurd Tract – 21.09 acres, more or less;
Motion to open the public hearing.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing.
Moved: Cm. Garza Second: Cm. Garcia For: 7 Against: 0 Abstain: 0 Tract 5: 4 V Holding Tract – 44.53 acres, more or less;
Motion to open the public hearing.
Moved: Cm. Garza Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing.
Moved: Cm. Garza Second: Cm. Amaya For: 7 Against: 0 Abstain: 0 Tract 6: Key Energy Tract – 2.45 acres, more or less;
Motion to open the public hearing.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing.
Moved: Cm. Garza Second: Cm. Garcia For: 7 Against: 0 Abstain: 0 Tract 7: Gutierrez/Izaguirre Tract – 7.71 acres, more or less), for a total of 163.76 acres, more or less, as described in the attached tract summaries, as required by Section 43.063 of the Texas Local Government Code.
Motion to open the public hearing.
Moved: Cm. Garza Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing.
Moved: Cm. Garza Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
2. Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by rezoning of 20.29 acres, as further described by metes and bounds in attached Exhibit “A”, located on the north side of future Riverbank Drive, west of Atlanta Drive, from AG (Agricultural District) and R-1A (Single-family Reduced Area District) to R-2 (Multi-Family Residential District). The Planning and Zoning Commission recommended approval of the zone change. (District VII)
Motion to open the public hearing.
Moved: Cm. Garza Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing and introduce.
Moved: Cm. Chavez Second: Cm. Belmares For: 7 Against: 0 Abstain: 0
Ordinance Introduction: Cm. Chavez
Cm. Belmares left the meeting.
3. Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lots 1, 2, 3, 11 and 12, Block 849, Western Division, located at 3220 San Bernardo Avenue, from B-1 (Limited Commercial District) and B-3 (Community Business District) to B-4 (Highway Commercial District). The Planning and Zoning Commission recommended denial of the zone change. (District VIII)
Motion to open the public hearing.
Moved: Cm. Garza Second: Cm. Garcia For: 7 Against: 0 Abstain: 0
Ron Whitehawk, spoke on behalf of Mr. & Mrs. Ibanez, in favor for use as a proposed amusement redemption establishment.
Motion to close the public hearing and postpone.
Moved: Cm. Chavez Second: Cm. Landeck For: 7 Against: 0 Abstain: 0
4. Public hearing and introductory ordinance amending the City of Laredo FY 2006-2007 Annual Budget by appropriating revenues and expenditures in the amount of $2,000,000.00 respectively. The revenues are from lease purchase proceeds related to financing of a new information management system for the Laredo Police and Fire Departments.
Motion to open the public hearing.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing and introduce.
Moved: Cm. Rendon Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
Ordinance Introduction: City Council 5. Public hearing and introductory ordinance approving an agreement with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in the amount of $28,500.00 and amending the FY 2006-2007 City of Laredo Annual Budget by $28,500.00. The agreement’s purpose is to reimburse cost for overtime and fringe benefits incurred by the Laredo Police Department in providing resources to the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) task force. The term of this agreement is from October 1, 2006 through September 30, 2007.
Motion to open the public hearing.
Moved: Cm. Garcia Second: Cm. Chavez For: 7 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing and introduce.
Moved: Cm. Garcia Second: Cm. Mayor Pro Tempore Ramirez For: 7 Against: 0 Abstain: 0
Ordinance Introduction: City Council
6. Public hearing and introductory ordinance amending the City of Laredo FY 2006-2007 annual budget by appropriating revenues and expenditures in the amount $32,400.00 from the City of Laredo Utilities Department for Texas Commission on Environmental Quality (TCEQ) bacteriological required testing of public drinking water supply to be done by the City of Laredo Health Department, Laboratory Services, for the period beginning October 1, 2006 through September 30, 2007.
Motion to open the public hearing.
Moved: Cm. Garcia Second: Cm. Rendon For: 7 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing and introduce.
Moved: Cm. Garcia Second: Cm. Rendon For: 7 Against: 0 Abstain: 0
Ordinance Introduction: City Council
7. Public hearing and introductory ordinance amending the City of Laredo FY 2006-2007 annual budget by appropriating revenues and expenditures in the amount $25,000.00 from the University of Texas Health Science Center at San Antonio for the South Texas Family AIDS Network grant award to the City of Laredo Health Department, to include a .27 full-time equivalent position transferred from Account 226-6403 to this grant for the period beginning August 1, 2006 through July 31, 2007.
Motion to open the public hearing.
Moved: Cm. Garcia Second: Cm. Rendon For: 7 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing and introduce.
Moved: Cm. Garcia Second: Cm. Rendon For: 7 Against: 0 Abstain: 0
Ordinance Introduction: City Council
8. Public hearing and introductory ordinance amending the City of Laredo Fiscal Year 2006-2007 Annual Budget approved for $250,000.00 by reducing $43,000.00 to reflect the actual amount base year award of $200,000.00 agreed between the County of Webb and the City of Laredo, for the period from October 1, 2005 to September 30, 2009. This fiscal year $7,000.00 funds will be included to cover the Cost of Living Adjustment (COLA) as specified on the Interlocal Agreement for the period from October 1, 2006 through September 30, 2007, for a total amount award of $207,000.00 this fiscal year for locally supported public health services to residents of Webb County, including approved full time equivalent positions.
Motion to open the public hearing.
Moved: Cm. Garcia Second: Cm. Rendon For: 7 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing and introduce.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
Ordinance Introduction: City Council
9. Public hearing and introductory ordinance accepting a grant in the amount of $25,000.00 from the Texas Department of Transportation for enforcement of Impaired Driver Mobilization and amending the City of Laredo’s’ FY 2006-2007 Annual Budget in the amount of $25,000.00. This grant is for overtime salaries, including fringe benefits, and is funded 100% by the Texas Department of Transportation for a full year.
Motion to open the public hearing.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing and introduce.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
Ordinance Introduction: City Council
10. Public hearing and introductory ordinance authorizing and allowing, under the Act of Governing the Texas Municipal Retirement System, “Updated Service Credits” in said system for service performed by qualifying members of such system who presently are in the employment of the City of Laredo; providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the City; and establishing an effective date for such actions.
Motion to open the public hearing.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing and introduce.
Moved: Cm. Rendon Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
Ordinance Introduction: City Council
11. Public hearing and introductory ordinance amending the City of Laredo FY 2006-2007 approved Full Time Equivalent positions (FTE’s) for General Fund by creating eleven (11) Patrol Officer Cadets to staff the Police substation at Cielito Lindo. Funding is available in General Fund. Contingent upon approval of Motion #40.
Motion to open the public hearing.
Moved: Cm. Rendon Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing and introduce.
Moved: Cm. Amaya Second: Cm. Landeck For: 7 Against: 0 Abstain: 0
Ordinance Introduction: City Council
VIII. INTRODUCTORY ORDINANCES
12. Authorizing the City Manager to execute a lease with Khaledi Bridge of the Americas Ltd, for the lease of premises located at the corner of Convent and Water Street of approximately 22,779 square feet of unfinished retail space of the Bridge of the Americas Project, copy of which is attached as Exhibit A. Lease shall be for a term of twenty (20) years from date of beneficial occupancy. Annual Rent shall consist of three separate categories of rent payments: (a) Minimum Annual Rent, (b) Percentage Rent and (c) Non-Retail Space Rent.
Ordinance Introduction: City Council
13. Authorizing the City Manager to execute a lease with Webb County for approximately 1,000 square feet constituting Building No. S-3 located at 1703 Sandman Street at the Laredo International Airport. Lease term is for one (1) year commencing on May 1, 2006 and ending on April 30, 2007 and may be extended for two (2) terms of one (1) year each ending on April 30, 2008 and April 30, 2009. However, it is agreed by the parties that the lease may be terminated by either party upon giving a ninety (90) day written notice from the party terminating to the other. Monthly rent shall be $500.00 and will be adjusted annually according to changes in the Consumer Price Index; providing for an effective date.
Ordinance Introduction: City Council
14. Authorizing the City Manager to execute a lease with the Washington’s Birthday Celebration Association, Inc., (WBCA) for approximately fifteen (15.0) acres of concrete ramp located on the southwest cargo ramp of the Air Operations Area to include City owned vacant non-aeronautical use land located at the Laredo International Airport for event parking use. Lease term is for two (2) days commencing on February 10, 2007 and ending on February 11, 2007. City Council finds and declares that a valid public purpose would be served in setting the daily rental fee at $1.00; providing for an effective date.
Ordinance Introduction: City Council
IX. FINAL READING OF ORDINANCES
Motion to waive the final readings of Ordinances # 2006-O-303, # 2006-O-304, # 2006-O- 305, # 2006-O-306, # 2006-O-307, # 2007-O-308, # 2006-O-309, # 2006-O-310, # 2006-O- 311, # 2006-O-312, # 2006-O-313, 3 2006-O-315, # 2006-O-317, # 2006-O-318, # 2006-O- 319, 3 2006-O-320, # 2006-O-321, and # 2006-O-322.
Moved: Cm. Garcia Second: Cm. Garza For: 7 Against: 0 Abstain: 0
15. 2006-O-303 Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning 7.37 acres, as further described by metes and bounds in attached Exhibit “A”, located at 10 E. Del Mar Boulevard, from R-1 (Single Family Residential District) to B-1 (Limited Commercial District); providing for publication and an effective date.
Motion to adopt Ordinance # 2006-O-303.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
2006-O-304 Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning 11.25 acres, as further described by metes and bounds in attached Exhibit “A”, located 10 East Del Mar Boulevard, from R-1 (Single-Family Residential District) to B-3 (Community Business District); providing for publication and an effective date.
Motion to adopt Ordinance # 2006-O-304.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
2006-O-305 Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lots 1 thru 7, Block 1, Del Mar Hills Subdivision, Section 1, Area “B”, located at 10 E. Del Mar Boulevard, from R-1 (Single Family Residential District) to B-1 (Limited Commercial District); providing for publication and an effective date.
Motion to adopt Ordinance # 2006-O-305.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
2006-O-306 Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lots 5, 6, 7 and 8, Block 1493, Eastern Division and 8,073.49 sq. ft. out of the Chihuahua Street right-of-way, located at 2520 Chihuahua Street, from B-1 (Limited Commercial District) to B-3 (Community Business District); providing for publication and an effective date.
Motion to adopt Ordinance # 2006-O-306.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
2006-O-307 Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lots 7 and 8, Block 1574, Eastern Division, located at 2606 Ross Street, from R-2 (Multi-Family Residential District) to B-3 (Community Business District).
Motion to adopt Ordinance # 2006-O-307.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
2006-O-308 Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lot 7 and the north 9 feet of Lot 8, Block 905, Western Division, located at 3520 Juarez Avenue, from B-1 (Limited Commercial District) to R-3 (Mixed Residential District).
Motion to adopt Ordinance # 2006-O-308.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
2006-O-309 Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lots 5 and 6, Block 990, Eastern Division, located at 1820 Chihuahua Street, from R-O (Residential/Office District) to B-3 (Community Business District).
Motion to adopt Ordinance # 2006-O-309.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
2006-O-310 Amending the Zoning Ordinance (Map) of the City of Laredo by authorizing a Conditional Use Permit for a child daycare on Lot 9, Block 2, Town East Subdivision Phase I, located at 3417 West Fiesta Loop.
Motion to adopt Ordinance # 2006-O-310.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
2006-O-311 Amending the Zoning Ordinance (Map) of the City of Laredo by authorizing a Special Use Permit for mini storage/warehousing, on Lots 1, 2, 3, 4, 5, 6, 7 and 8, Block 1068, Eastern Division, located at 1320 South Meadow Avenue.
Motion to adopt Ordinance # 2006-O-311.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
2006-O-312 Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning 0.85 acres, as further described by metes and bounds in attached Exhibit “A”, located at the east termination of Havanna and Imperial Drives, from AG (Agricultural District) to R-1A (Single-Family Reduced Area District).
Motion to adopt Ordinance # 2006-O-312.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
2006-O-313 Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning 9.89 acres, as further described by metes and bounds in attached Exhibit “A”, located on the west side of Bob Bullock Loop north of Winfield Parkway , from AG (Agricultural District) to B-1 (Limited Commercial District).
Motion to adopt Ordinance # 2006-O-313.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
2006-O-315 Authorizing the City Manager to implement a south bound pedestrian toll free crossing for the week of December 18, 2006 through December 24, 2006.
Motion to adopt Ordinance # 2006-O-315.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
2006-O-317 Amending the City of Laredo Fiscal Year 2006-2007 annual budget by appropriating expenditures in the amount of $252,589.00 in the Laredo Police Department Trust Fund. Funding will be used to purchase operational materials and supplies and capital outlay equipment. Items include surveillance equipment, tactical entry equipment, and other needed items. Funding is available in the Police Trust Fund opening balance.
Motion to adopt Ordinance # 2006-O-317.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
2006-O-318 Authorizing the City Manager to execute a Lessor’s consent to an assignment of lease from Gateway Rent-a-Car, LLC (seller/assignor) to Border Rent A Car, LLC, for that certain lease dated August 28, 2006, between the City of Laredo and Gateway Rent-a-Car, LLC, approximately 171 square feet of office and counter space located in car rental space #4 within the airport passenger terminal and 17 parking spaces located within the ready return parking lot located at 5210 Bob Bullock Loop at the Laredo International Airport; providing for an effective date.
Motion to adopt Ordinance # 2006-O-318.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
2006-O-319 Closing as public easement a triangular section of Blaine Street between Smith and Ejido Avenues, situated in the Eastern Division, City of Laredo, County of Webb, Texas, as shown in Exhibit “A”, and providing for an effective date.
Motion to adopt Ordinance # 2006-O-319.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
2006-O-320 Authorizing the City Manager to execute an assignment of leasehold interest from Labata Service, Inc., approved by Ordinance No. 2001-O- 024 dated January 16, 2001, for a vehicular parking lot located at 5003 Maher Avenue at the Laredo International Airport to Aero Center, Inc., and amending Section 1.02, Term, by adding an early termination clause that effectively terminates the lease agreement without notice from Lessor effective the date Lessee’s sublease of Hangar No. 162 expires, providing for an effective date.
Motion to adopt Ordinance # 2006-O-320.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
2006-O-321 Authorizing the City Manager to execute an assignment of leasehold interest from Labata Services, Inc., approved by Ordinance No. 2003-O- 091 dated April 7, 2003, for approximately 12,000 square feet constituting the west section of Hangar No. 1309 located at the International Airport to Aero Center, Inc., providing for an effective date.
Motion to adopt Ordinance # 2006-O-321.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
2006-O-322 Amending ordinance 2006-O-205 dated August 28, 2006 which provided for the submission of 81 proposed amendments to the Charter of the City of Laredo to the voters on Tuesday, November 7, 2006, in order to correct a clerical error in setting forth the change proposed for section 10.01 (a)of the charter, to harmonize it with the answer to that proposed change which the voters made on related proposition no. 55 on which they voted favorably on November 7, 2006.
Motion to adopt Ordinance # 2006-O-322.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
X. RESOLUTIONS
16. 2006-R-111 Authorizing the City Manager to execute an Interlocal Agreement between the County of Zapata for the daily disposal of garbage at the City of Laredo’s landfill site at a reduced rate of thirty ($30.00) dollars per ton for a twelve (12) month term, effective January 1, 2007.
Motion to approve Resolution # 2006-R-111.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
17. 2006-R-112 Authorizing the City Manager to execute an Interlocal Agreement between the County of Jim Hogg for the daily disposal of garbage at the City of Laredo’s landfill site at a reduced rate of thirty ($30.00) dollars per ton for a twelve (12) month term, effective January 1, 2007.
Motion to approve Resolution # 2006-R-112.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
18. 2006-R-113 Authorizing and approving a Tax Abatement Agreement between the City of Laredo and Kohl’s Texas, L.P. in accordance with authorized guidelines and criteria and established reinvestment zone. This agreement will be for a five (5) year period and will abate taxes on new improvements for the purpose of economic development and the creation of jobs. The amount of taxes abated depends on the number of jobs created and the amount of investment. The guidelines and criteria for the agreement are set forth in the attached agreement and attachments.
Motion to approve Resolution # 2006-R-113.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
19. 2006-R-114 Authorizing and approving a Tax Abatement Agreement between the City of Laredo and Laredo Specialty Hospital, L.P. in accordance with authorized guidelines and criteria and established reinvestment zone. This agreement will be for a five (5) year period and will abate taxes on new improvements for the purpose of economic development and the creation of jobs. The amount of taxes abated depends on the number of jobs created and the amount of investment. The guidelines and criteria for the agreement are set forth in the attached agreement and attachments.
Motion to approve Resolution # 2006-R-114.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
20. 2006-R-115 Authorizing the City Manager to execute a contract and accept a grant for abstinence education with the Department of Health Services in an amount not to exceed $92,910.00 and $70,000.00 in-kind from the Laredo Independent School District for a total of $162,910.00 for the Abstinence Education Program of the City of Laredo Health Department beginning October 1, 2006 through September 30, 2007.
Motion to approve Resolution # 2006-R-115.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
21. 2006-R-116 A resolution expressing official intent to reimburse Capital Improvement Fund the cost of $50,000.00 associated with a speed hump project for City Council District 1 and acquisition of school flasher equipment. Upon the sale of a proposed Certificate of Obligation Bond, the Capital Improvement Project Fund will be reimbursed for any cost associated with the previously mentioned projects.
Motion to approve Resolution # 2006-R-116.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0 XI. MOTIONS
22. Recommending the setting of regular City Council meeting dates through March 2007 due to holidays and/or conferences. The meeting dates will be Tuesday, January 2, 2007, Tuesday, January 16, 2007, Monday, February 5, 2007, Tuesday, February 20, 2007, Tuesday, Monday, March 12, 2007 and March 29, 2007.
Motion to approve.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
23. Amending the City of Laredo Priority Procedures manual for the Mayor and City Council, specifically the section entitled Priority II, item IV. Agenda by:
1. deleting announcements and invitations
2. adjusting the order of Council Communications and Discussions to be listed immediately after the Public Comments section of the agenda.
Motion to approve.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
24. Refund of property tax in the amount of $554.76 to the following tax payers and companies: A. A refund in the amount of $554.76 payable to Villa de Cantera H.O.A. due to an erroneous payment. Account# 989-20001-345.
Motion to approve.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
25. Consideration to award annual service contract number FY07-035 to the sole bidder, Rafter P.Transport, Inc., New Braunfels, Texas in an estimated amount of $60,000.00 to load and haul dry sludge from the Jefferson Water Treatment Plant to the City of Laredo landfill. The bid is based on a cost per cubic yard rate. Funding is available in Utilities Department-Water Treatment Division budget.
Motion to postpone.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
26. Consideration to award contract number FY07-027 to the low bidder, RM Personnel, Inc., Laredo, Texas, in the estimated annual amount of $256,755.60 for providing contract employees for the Laredo International Airport Department. Temporary contract employees have been requested for dispatchers and customer service agent positions. The term of this contract will be for one year with an option to extend for one additional year. Funding is available in the Airport Fund.
Motion to approve.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
27. Consideration to award contract number FY07-031 to the low bidder, Cantu Electric, Inc., Laredo, Texas in the estimated amount of $27,961.71 for the replacement of existing electrical panels and the rewiring of existing conduits for the City of Laredo International Airport. The dollar amount takes into account all labor, material and equipment required to accomplish the project. Funding is available in the Airport Department’s budget.
Motion to approve.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
28. Consideration to approve a contract with Internetwork Experts (INX), Inc., Austin, Texas in the total amount of $27,760.66 through the State of Texas Department of Information Resources (DIR) cooperative purchasing contracts for providing a software and hardware maintenance contract for the City’s institutional network’s CISCO routing equipment. Funding is available in the Information Technology and Support Services Department’s budget.
Motion to approve.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
29. Consideration for approval of the Plans and Specifications for Phase IV of the City of Laredo Residential Sound Insulation Program, as part of the Federal Aviation Regulation Part 150 Noise Compatibility Program; and authorization to advertise for bids for said plans and specifications. The program is funded through the Airport Construction Fund, Grant #47 for Noise Abatement.
Motion to approve.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
30. Consideration for approval to award a construction contract to the lowest bidder ALC Construction, LLC., Laredo, Texas, in the bid amount of $79,285.00 for the CDBG Sidewalks City-Wide Project No. 33 (15 Blocks). Funding is available in the Sidewalks Project No. 33/District VII and District V.
Motion to approve.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
31. Consideration for approval to award a construction contract to the lowest qualified bidder Zertuche Construction Company, Laredo, Texas, in the bid amount of $330,550.00 for the Police Substation for Fire Station No. 14 at Cielito Lindo Blvd. Funding is available in the 2006 CO Issue.
Motion to approve.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
32. Consideration for approval to award a construction contract to the lowest bidder Jimmy Closner and Sons Construction Company, Mercedes, Texas, in the bid amount of $572,797.51 for the Maryland/Taylor Straightening, Widening, Street and Drainage Improvement Project. Funding is available in the 2005 CO Bond.
Motion to approve.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
33. Consideration for approval of the list of streets for the FY 2006-2007 Street Recycling Project and approval to bid the project. The projects budget includes approximately 20 blocks per District as provided in the list attached. Funding is available in the General Fund and Capital Improvement Fund.
Motion to approve.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
34. Consideration for approval of change order no. 3 a decrease of $21,737.00 for the balance of quantities actually constructed in place, acceptance of the Laredo International Bridge II Widening and approval final payment in the amount of $65,903.70 to Rhino Builders, Ltd., Laredo, Texas. Final contract amount is $734,683.75. Funding is available in the Bridge System Fund.
Motion to approve.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
35. Motion to authorize the City Manager to execute seventeen (17) Hotel/Motel Tax Fund third party contracts for the fiscal year 2006-2007 for a total of $455,000.00. The contracts are listed in Attachment “A”.
Motion to approve.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
36. Motion to authorize the City Manager to execute twenty six (26) General Fund third party contracts for the fiscal year 2006-2007 for a total of $341,000.00. The contracts are listed on attachment “A”.
Motion to approve.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
37. Consideration to exercise the renewal option for contract FY03-025 awarded to National Reimbursement Services, Inc. (NRS), Houston, Texas for providing billing services for the Fire Department’s Emergency Medical Services (EMS) operation. NRS will be responsible for obtaining reimbursement for services provided by our EMS division utilizing their expertise in dealing with Medicare and private insurance companies. The original term of this contract was for a three-year period with options to renew for three additional one-year terms. Staff is requesting authorization to exercising the renew option for the first of the three additional year terms. NRS will charge the City 10% of all collections received as a result of their billing activities. It is anticipated that with the services provided by NRS the City’s collection rate will increase by approximately twenty percent. In addition, they are required to provide, at no cost to the City, new and specialized computer equipment for each ambulance crew with docking stations for these computers at the Fire Stations and at both hospitals.
Motion to officially extend the contract to March 2007 and request that the City of Laredo submit a proposal for Request for Proposals as soon as possible.
Moved: Cm. Landeck Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
38. Consideration of possible sources of funding for financing legislative events held in Austin, Texas and Washington, D.C.
Dr. Landeck said that he was concerned with the City soliciting funds for trips from the private sector. He suggested looking for alternatives to fund the trips to Austin or Washington.
Jessica Hein, Director of Communications and Administrative Services, explained that the Legislative Committee has discussed the item at great length and they feel that it might be better for the City of Laredo to allow a private consultant to solicit funds for them. The City has discussed the item with the Laredo Development Foundation and the Chamber of Commerce and they gladly accepted that they could assist in the manner. She continued to say that if there are excess funds the Laredo Development Foundation would roll the balance to the following year; however, if the funds were short the City of Laredo would need to pay the difference from the general fund.
Cm. Garcia advised that the Legislative Committee has discussed placing a cap on the amount that is collected.
Motion to ask the Laredo Development Foundation to solicit funds for Washington, D. C. and Austin, Texas using their letter head and signatures on behalf of the City of Laredo.
Moved: Cm. Garcia Second: Cm. Garza For: 4 Against: 2 Abstain: 0 Cm. Chavez Mayor Pro Tempore Ramirez
39. Consideration to award contract FY07-034 to Data 911, in the total amount of $321,733.00 for the purchase of forty seven (47) mobile data terminals (MDT) and related communication equipment. The data terminals will be installed on the fire trucks, ambulances, and support vehicles. Funding is secured from a Homeland Security Grant.
Motion to approve.
Moved: Cm. Garza Second: Cm. Garcia For: 7 Against: 0 Abstain: 0
40. Authorizing the City Manager to amend ordinance no. 2001-O-050 and increase alarm permit fees for burglar alarm notification capable of being emitted from each alarm specific site from $15.00 to $30.00 and fire, robbery and medical alert alarm notification capable of being emitted from each alarm specific site from $15.00 to $20.00. These revenues will partially cover the estimated cost of 11 cadets for the Police Department for FY 06-07.
Motion to reject.
Moved: Cm. Garza Second: CM. Garcia For: 7 Against: 0 Abstain: 0
XII. GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS
41. A. Request by Mayor Raul G. Salinas
1. Discussion with possible action on creating a committee to address substance and drug abuse issues in the city and for the City Council to participate by appointing the members of the group.
Mayor Salinas recommended creating a committee to address substance and drug abuse issues in the city and for City Council.
Motion to establish a committee to address substance and drug abuse issues in the city. City Council should participate by naming their appointee to the committee by January of 2007.
Moved: Cm. Garza Second: Cm. Landeck For: 7 Against: 0 Abstain: 0
B. Request by Council Member Mike Garza
1. Drug and Alcohol testing for all employees.
Cm. Garza advised that he would like to send a statement to City employees and citizens of Laredo that the City of Laredo will be a drug and alcohol free environment and that our citizens and other employees that we have are paramount in their safety because we have this type of activity as a deterrent.
Judy Garza, Health Nurse, explained that the current alcohol and drug policy tests City employees for drugs and alcohol if there is “reason for suspension”, if an employee wrecks a vehicle, or has if the employee has been out for medical reasons and returns to work. She further explained that the policy is under revision.
Motion that City staff return to City Council with and ordinance that would include a program for drug and alcohol testing for all City employees by the end of January 2007. In addition, staff should develop a Request for Proposal for the drug/alcohol process.
Moved: Cm. Garza Second: Cm. Landeck For: 8 Against: 0 Abstain: 0
C. Request by Council Member Hector J. Garcia
1. Discussion with possible action on the installation of speed humps on the 2800 and 3800 blocks of Arriaga Street and appropriating funds from District II discretionary funds.
Roberto Murillo, Traffic Director, explained that the item would be brought back to Council through a recommendation of the Transportation and Traffic Safety Board in order to apply a special provisions to the Speed Hump Ordinance. Motion to approve the installation of speed humps on the 2800 and 3800 blocks of Arriaga Street and appropriating funds from District II discretionary funds.
Moved: Cm. Landeck Second: Cm. Amaya For: 8 Against: 0 Abstain: 0
2. Discussion with possible action on eliminating all committees consisting of City Council members.
Motion to approve a workshop to discuss this item.
Moved: Cm. Garcia Second: Cm. Amaya For: 8 Against: 0 Abstain: 0
D. Request by Council Member Johnny Rendon
1. Discussion with possible action on the extension of Bartlett from Sandman to Jacaman.
Rogelio Rivera, City Engineer, advised that he had provided a schedule in the Council’s Friday packet. He noted that the City of Laredo has just received bids for the extension from Bartlett from Sandman to Hillside. He added that he is searching for additional funding for the project. The section from Hillside to Gale has already been constructed. He said that it is very important to comply with FEMA on the CLOMAR. The design will take six months. The cost estimate for the extension from Gale to Jacaman is 1.6 million dollars
2. Discussion with possible action on enhancing customer service of all City departments.
Cm. Rendon explained that the reason he had this item on the agenda is because City departments would be short staffed due to the holidays and he wanted to make sure that all departments are prepared to provide excellent customer service during the holiday season.
Cynthia Collazo, Acting City Manager, noted that the City of Laredo does have an ongoing Customer Service Program with a customer service representative in every department. She added that the City does provide adequate training to City employees.
Cm. Landeck advised staff to place the Customer Service telephone number on the City of Laredo Website homepage.
E. Request by Council Member Gene Belmares
1. Discussion with possible action on creating an ordinance requiring fences around all swimming pools.
Cm. Belmares requested that the item be tabled.
F. Request by Mayor Pro-Tempore Juan Ramirez
1. Discussion with possible action on adding the word retirees to the language of the Utilities billing ordinance and policy allowing disabled and elderly to adjust their utility billing due date.
Mayor Pro Tempore Ramirez explained that he is concerned about the current wording on the utility billing because it does not mention the word “retiree” for adjusting the billing due date. He said that he knows a lot of individuals that are retired but they are not elderly.
Elizabeth Martinez, Tax Collector Assessor/Collector, explained that the City of Laredo can include the word retiree at the Council’s request. She further explained that all water meters are read by area at the same time; however, the dates can be changed. She noted that qualified individuals will not be able to take advantage of the electronic debit. Motion to include the word “retiree” in the Utilities billing ordinance allowing them to adjust their utility billing due date.
Moved: Cm. Ramirez Second: Cm. Landeck For: 8 Against: 0 Abstain: 0
2. Discussion with possible action on donating $1,000.00 from the promotional fund to the American Legion Post 59 for their Color Guard.
Motion to approve the donation of $1,000.00 from the promotional fund to the American Legion Post 59 for their Color Guard.
Moved: Cm. Ramirez Second: Cm. Amaya For: 8 Against: 0 Abstain: 0
3. Discussion with possible action on placing a tree at the Civic Center to serve as a Christmas tree during the holidays.
Motion to approve the placing a tree at the Civic Center to serve as a Christmas tree during the holidays.
Moved: Cm. Ramirez Second: Cm. Garza For: 8 Against: 0 Abstain: 0
XIII. STAFF REPORTS
42. A. Status report on amending the Smoking Ordinance.
Dr. Hector Gonzalez, Health Director, addressed Council by providing a recommendation of maintaining the current Smoking Ordinance in order to protect the public’s health. He further noted that he had met with Cm. Garza and had searched avenues of implementing a process fee and ordinance that would allow twenty-one and over establishments.
Cynthia Collazo, Acting City Manager, explained that Council needs to consider that there are certain requirements that the state has municipal court.
Motion to accept the clarification of the amendment with the additions of the fines being generated back to the specific smoking section of enforcement and permits.
Moved: Cm. Garza Second: Cm. Garcia For: 5 Against: 2 Abstain: 0 Cm. Rendon Mayor Pro Tempore Ramirez
B. Presentation by Mr. Rey Ayala, Chair, Third Party Funding Advisory Committee, with discussion and possible action regarding Third Party Funding for FY 2006- 2007.
Ray Ayala, Chairperson, addressed the Laredo Animal Shelter funding by explaining that the Third Party Funding Committee does not address funding for the Laredo Animal Shelter because they were initiated through interlocal agreements. He suggested the needs of a fundamental change in how the budget is created for the Hotel/Motel Third Party funding. He noted that the committee has limitations and cannot assist applicants as much as they would like.
Cm. Garza discussed the budget and concerns for the Third Party Funding. He also asked the Chairperson to clarify a statement that was made at the last Council Meeting saying that the new Third Party Funding Committee is eliminating the “Arts”.
Sylvia Bruni, Third Party Funding Committee Member, said that she has been impressed with the quality of the Third Party Funding Committee. She said that each member has been very committed and interested in assuring that each validate dollar validate is well spent. She advised that the Third Party Funding Committee considered several need assessment reports prior to distributing the funding including census, demographics, and the “Laredo Habla”. She added that the Committee is very cognizant of the communities needs and they are committed to distribute the funds as carefully as they can. She noted that the viewing public must understand that the funds are limited and the committee is receiving more applications to be considered.
Cm. Landeck expressed his dissatisfaction with the budget process that is in place for the Third Party Funding Committee. He said that he would like to be more involved as a Council Member to review the budget.
Cm. Garcia responded by saying that he was very pleased with the budget process for Third Party Funding. He commended staff and committee for doing an excellent job representing the community’s needs.
Cynthia Collazo, Acting City Manager, asked Council for additional time to research the budget for the Third Party Funding Committee and return with recommendations.
XIV. EXECUTIVE SESSION
The City Council hereby reserves the right to go into executive session at any time during this public meeting, if such is requested by the City Attorney or other legal counsel for the City, pursuant to his or her duty under Section 551.071(2) of the Government Code, to consult privately with his or her client on an item on the agenda, or on a matter arising out of such item.
XV. ADJOURNMENT
Motion to adjourn.
Moved: Second: For: Against: Abstain:
SUPPLEMENTAL AGENDA
I. PUBLIC HEARING
1. Public hearing and introductory ordinance amending ordinance no. 2001-O-050 specifically section 21-81 Fee for permit; duration; renewal by increasing alarm permit fees for burglar alarm notification capable of being emitted from each alarm specific site from $15.00 to $30.00 and fire, robbery and medical alert alarm notification capable of being emitted from each alarm specific site from $15.00 to $20.00.
Motion to replace item number one on the supplemental with item # 11.
Moved: Cm. Garcia Second: Cm. Amaya For: 8 Against: 0 Abstain: 0
II. APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES
a. Appointment by Mayor and Council Members of a representative to serve on the Impact Fee Advisory Committee.
Motion to postpone for next meeting.
Moved: Cm. Landeck Second: Cm. Garcia For: 7 Against: 0 Abstain: 0
III. GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS
2. a. Request by Council Member Johnny Amaya
1. Discussion with possible action on constructing a sidewalk along the 2500 block of Cedar in front of the Jesus Garcia Headstart Building and appropriating funds from District IV Discretionary funds. (Co-sponsored by Council Member Dr. Michael Landeck)
Motion to approve.
Moved: Cm. Garcia Second: Mayor Pro Tempore Ramirez For: 8 Against: 0 Abstain: 0
IV. RESOLUTION
3. 2006-R-118 Authorizing the City Manager to submit an application to the Texas Water Development Board for a Grant increase to complete the design, construction and project management services for the Colonias Project – Contract No. G13500/13600/1546/1547 - City of Laredo, Mines Road/State Highway 359 Project No. 10045. The grant increase application is for $12,000,000.00.
Motion to approve Resolution # 2006-R-118.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
V. STAFF REPORT
4. A. Presentation by Dan Migura, Human Resources Director regarding the Human Resource Department’s new Applicant Tracking System (NEOGOV).
This item was no discussed.
V. 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.
5. Request for Executive Session pursuant to Texas Government Code Section 551.071 (1) (A) to consult with attorney on the pending eminent domain case of City of Laredo v. Luis Montaño, et al, Cause No. 2006EDA00001C3, in County Court at Law No. 2, Webb County, Texas, and return to open session for possible action.
Motion to go into Executive Session pursuant to Texas Government Code Section 551.071 (1) (A) to consult with attorney on the pending eminent domain case of City of Laredo v. Luis Montaño, et al, Cause No. 2006EDA00001C3, in County Court at Law No. 2, Webb County, Texas, and return to open session for possible action.
Moved: Cm. Garcia Second: Cm. Amaya For: 8 Against: 0 Abstain: 0
After Executive Session, Mayor Salinas announced that no formal action was taken
Motion to accept the Commissioner’s recommendation of 1.2 million for the property.
Moved: Mayor Pro Tempore Ramirez Second: Cm. Belmares For: 7 Against: 0 Abstain: 1 Cm. Chavez VI. ADJOURNMENT
Motion to adjourn.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
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