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CITY OF LAREDO CITY COUNCIL MEETING M2008-R-01 CITY COUNCIL CHAMBERS 1110 HOUSTON STREET LAREDO, TEXAS 78040 JANUARY 7, 2008 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 Michael Landeck, Council Member, District III Johnny Amaya, Council Member, District IV Johnny Rendon, Council Member, District V Gene Belmares, Mayor Pro Tem, District VI Juan Chavez, Council Member, District VII Juan Ramirez, Council Member, District VIII Gustavo Guevara, Jr., City Secretary Carlos Villarreal, City Manager Cynthia Collazo, Deputy City Manager Horacio De Leon, Assistant City Manager Jesus Olivares, Assistant City Manager Raul Casso, City Attorney
Motion to excuse Cm. Garcia.
Moved: Cm. Garza Second: Cm. Ramirez For: 7 Against: 0 Abstain: 0
IV. MINUTES
None.
V. COMMUNICATIONS AND RECOGNITIONS
Recognitions
a. Recognition of Shashi and Priya Vaswani for being named Laredoans of the Year.
This recognition will be rescheduled for the meeting of January 22, 2008.
b. Recognition of Luis Alvarez for his voluntary assistance as mechanic for the visitors and paisanos during the holidays.
Mayor Salinas and City Council publicly recognized Luis Alvarez for his unselfish mechanic work he performed during the holidays for paisanos.
c. Recognition of the Traffic Department for their assistance with the installation of the traffic signal at Loop 20 and Merida.
Cm. Garza reported that there was no greater issue for the residents along Loop 20 and Merida because of the accidents that had taken place at Loop 20 and Merida. The intersection was very dangerous and the residents are very excited about the installation of the traffic signal at Loop 20 and Merida.
Mayor Salinas and City Council recognized Roberto Murillo, Traffic Director, and the Laredo Traffic Department employees who were involved with this project. Mayor Salinas stated that the Traffic Department always performs their job in an expeditious manner.
Communiqués
Mayor Salinas asked for a moment of silence for Juanito Rodriguez who had passed away recently. He also thanked and congratulated City employees who worked on smoothing out Jacaman Road.
Cm. Garza advised that the United South High School Cheerleaders won National Championships for the non-tumbling division and Nixon High School came in second place. He wished everyone a happy and prosperous New Year for 2008. He continued to say that he is very happy to serve as Council Member of District I and enjoys working with his fellow Council Members. He noted that City staff held a successful town hall meeting in District I. He thanked volunteers that assisted him in the jacket and shoe give away noting that he issued over a hundred jackets and shoes in District I.
After eighteen years of service to TAMIU, Cm. Landeck announced his retirement from the TAMIU. He said that he would be able to serve the community in a larger capacity by retiring from the university.
Cm. Amaya said that he hoped that everyone had a Merry Christmas and a Happy New Year. He noted that he is in the last stretch of his second term adding that he will continue to work for the citizens of District IV and the City of Laredo. He listed pending projects from District IV including sidewalks, Zacate Creek connecting to the Dr. Cecelia May Moreno Park, sun shades throughout the district, the Ryan Elementary Walking Trail which is a joint project with District II, and the community center.
Cm. Rendon thanked City Staff for the completion of Jacaman Road before the holidays. He also offered the community a prosperous and health New Year. He offered his condolences to the family of a District V resident, Ambrosio Ambrose. He thanked fellow Council members for their support and hard work throughout the year.
Mayor Pro Tempore Belmares read a short letter from Cm. Garcia that read “I would like to wish everyone in District II and the City of Laredo a Happy New Year. He said that he would continue to work for a better Laredo.” Mayor Pro Tem continued by saying that Cm. Garcia always does a great job in working for his District, especially the Youth of Laredo. He said that his work with the Border Olympics, Sister Cities Youth Committee, and charitable organizations are a testament to his love for the community. He continued by saying that he hopes that everyone had a Merry Christmas and a Happy New Year. He voiced that the United Longhorns were able to honor Coach Sanchez for the United Longhorns who was selected to the Army All-American elite coaching staff for the team that played at the Alamo Dome. He expressed that the coach is a testament for the best that Laredo has to offer and that he does a phenomenal job with the students at United High School. He thanked the Mayor for all of the work that he has done in the year of 2007 and noted that he is looking forward to working with the Mayor and Council in 2008. He went on to congratulate City Departments for working hard and specifically mentioned the Fire Department who had to work extremely hard during the New Year.
Cm. Chavez said that he was glad to be back to Council after the holidays and added that he has a lot of exciting projects taking place in his District.
Cm. Ramirez wished everyone a Merry Christmas and a Happy New Year. He said that he would continue to work hard for his District VIII.
Citizen comments
Miguel Regalado spoke on diverting the paisanos away from Laredo. He stated that he awaits their arrival due to his services and spoke against the diversion of the paisanos from Laredo.
Abraham Gonzalez spoke against diverting the paisanos from IH 35. He spoke on behalf of Taco Palenque.
Leon Oscar Ramirez Cortez, Motel owner, spoke against the idea of diverting the paisanos away from IH 35 and the downtown area.
Javier De Anda, Popeye’s Restaurant owner, spoke against the diverting the paisano traffic away from the City of Laredo.
VI. APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES
Appointment by Council Member Dr. Michael Landeck of Rafael Martinez to the Board of Adjustments Committee.
Motion to approve the appointment.
Moved: Cm. Amaya Second: Cm. Rendon For: 7 Against: 0 Abstain: 0 GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS
1. A. Request by Council Member Mike Garza 1. Providing discretionary funding for the replacement, repair and security of the military memorials that were vandalized.
Cm. Garza expressed his concerns for the replacement, repair and security of the military memorials that were vandalized.
Miguel Pescador, Parks and Recreation Director, advised that the cost estimate for the plaques would be $5,500. The camera and other repairs would be in addition to the $5,500.
Motion to approve the replacement of the three military memorials and take additional protective measures to avoid further vandalism not to exceed $10,000. Each Council Member agreed to pay $2,000 from their discretionary funds.
Moved: Cm. Garza Second: Cm. Garcia For: 8 Against: 0 Abstain: 0
2. Discussion with possible action on a pay increase for the position of the Municipal Court Judge.
Cm. Garza reported that there had been a survey provided to City Council which advised that the Municipal Court Judge should receive a pay increase. He added that the pay increase would make the salary more comparable to local judges.
Motion to instruct staff to draft an ordinance to increase $12,000 or 18% for the Municipal Court Judge. Motion amended to read $100,000. Amendment was accepted by maker of motion and the second agreed.
Moved: Cm. Garza Second: Cm. Garcia For: 8 Against: 0 Abstain: 0
B. Request by Council Member Dr. Michael Landeck 1. Discussion with possible action on planning of transportation control and routes adjacent to international bridges - especially during high congestion periods.
Cm. Landeck stressed the importance of going into a very intensive planning process in one form or another for transportation control and routes adjacent to international bridges. He suggested the creation of a Blue Ribbon Committee composed of different businessman so they can take their time and plan a solution to the best of their abilities.
George Johnson, interested party, stated that he had appeared before City Council ten years ago on the same paisano issue. He expressed his satisfaction in the current Council’s decision to create a welcome camp for paisanos. He also said that the current Council approached local businessmen regarding paisanos; however, they no longer receive calls from the City for feedback.
Mayor Salinas advised that there is a lack of manpower for the welcome camp. He suggested creating ambassadors to assist in greeting the paisanos.
George Johnson gave several suggestions for the City to consider in welcoming the paisanos. He stressed the importance of accommodating the paisano travelers in all areas because they spend a lot of money in the community. He further encouraged City Council to consider including local merchants in their conversations regarding the issue. Finally, he thanked City Council for addressing the importance of this item.
Carlos Villarreal, City Manager, gave a comprehensive report on the vehicle crossings on the different bridges. He commented that the difference in crossings relies heavily on the nationalization of vehicles from bridge to bridge. He too stressed the importance of working with the Mexican side to accommodate the paisano travelers admitting that they do boost the City of Laredo economy. He said that the City of Laredo needs to work on the logistics of the travelers.
Cm. Landeck asked the Chief of Police to assert aggressive intervention in opening up additional intersections.
Motion to create a Blue Ribbon Committee or return to City Council for discussion on the creation of the Committee and how Council would like for it to be structured.
Moved: Cm. Landeck Second: Cm. Ramirez For: 8 Against: 0 Abstain: 0
C. Request by Council Member Johnny Amaya
1. Discussion with possible action on installing shade canopy structures along Zacate Creek Linear parks.
Miguel Pescador, Parks & Recreation Director, said previously the Parks & Recreation Department had provided cost estimates for the Zacate Linear Park playground areas which total to approximately $58,000.
Motion to approve the use of District IV Discretionary funds for installing shade canopy structures along Zacate Creek Linear parks up to $35,000.
Moved: Cm. Amaya Second: Cm. Ramirez For: 8 Against: 0 Abstain: 0
2. Discussion with possible action to construct sidewalks on the following streets by using District V Discretionary Funds: * 900 Taylor – South Side * 1300 Price – South Side * 2200 San Leonardo – West Side * 4400 Hendricks – West Side * 500 Taylor – South * 2200 San Eduardo – West.
Motion to approve with amendment of changing 500 Taylor – South to 500 Lyon.
Moved: Cm. Amaya Second: Cm. Chavez For: 7 Against: 0 Abstain: 0 D. Request by Council Member Juan Ramirez 1. Status report on the Request for Proposals for the water park, with possible action. Miguel Pescador, Parks & Recreation Director, said that the he had provided information in the Friday packet. He noted that the Request for Proposals are due Thursday at 4 p.m. and that more than five companies have contacted him with additional questions. He said that he would return to Council for further instruction.
2. Discussion with possible action on the future convention center for the downtown area.
Miguel Pescador, Parks & Recreation Director, gave a comprehensive report on the future convention center for the downtown area. He submitted the following report which was presented to Council on November 22, 2004:
Financial Operations and Economic Impact Analysis of a New/Expanded Laredo Convention Center
Study Goals o & Methods
Typical measurements used to determine project feasibility:
Market Financial Economic spending Tax generation Costs/benefits/return on investment Intangible benefits/public good
Market Demand Conclusions
Associations SMERF Public/Consumer Shows Mexican Tradeshows/Exhibitions Other Events
Supportable Building Program & Community Requirements Building Program
40,000 square feet of exhibit space 18,000 square feet of ballroom space 15,000 square feet of meeting space\ Approximately 10,000 square feet of showroom/office space, “hybrid facility” concept
Community Requirements
Headquarters hotel with between 175 and 225 guestrooms located within close proximity to Center.
Estimated Financial Operating Results Upon Stabilization of Operations (2004$)
Operating Revenues:
Facility rent $462,000 Food Service (net) $242,000 Contract service/other $271,000 Total Operating Revenues $975,000
Operating Expenses:
Salaries and benefits $776,000 Contract labor $108,000 Utilities $174,000 Repair & Maintenance $ 55,000 General & Administrative $135,000 Supplies $ 64,000 Other $212,000 Total Operating Expenses $1,524,000
Net Operating Deficit (1) (549,000)
New Annual Direct Spending Upon Stabilization of Operations (2004$)
Total Direct Spending: $16,650,000
Hotel 25% Restaurant 34% Other 10% Local Transit 7% Retail 14% Entertainment 10%
New Annual Economic/Tax Impacts Upon Stabilization of Operations
Total Direct Spending $16,650,000
Total Output $26,800,000 Earnings $10,900,000 Employment 430 City Sales/Use Tax $280,000 City Hotel Occ. Tax $263,000 City Taxes $107,000
Cm. Ramirez noted that the City Council should decide what they want to do to keep Laredo the # 1 Inland Port in the World. He added that it has been three years since the City Council has considered the new and expanded Laredo Convention Center.
Cm. Garcia said that the City Council needs to place their priorities and commitments together so they can move forward.
Cm. Landeck pointed out that all the material for the convention center is outdated.
Carlos Villarreal, City Manager, said that he is ready to move forward with projects with direction from the City Council.
Motion to instruct staff to talk to the City of Laredo Financial Advisors and see what options the City of Laredo might have in going out for the request for proposals or reaching out to the private sector options for the convention center for the downtown area.
Moved: Cm. Ramirez Second: Cm. Landeck For: 7 Against: 0 Abstain: 0
3. Discussion with possible action on improving the front section of the Civic Center along San Bernardo Avenue.
Miguel Pescador, Parks & Recreation Director, submitted the following information:
Civic Center Grounds Proposed Improvements
Existing Costs – Option “A”
1) Walkways $17,550 Approximately 450 lf of 6’ wide stamped concrete
2) Lighting $6,000 Park security lighting only
3) Landscaping $8,500 To include shrubs and top soil
4) Park amenities $8,500 To include 8 park benches, 1 drinking fountain and 4 trash receptacles
5) Decorative water fountain $18,000 To include complete system and installation
6) Round planters $12,000 To be built around 10 existing trees to match existing
Total estimated cost $70,550
Civic Center Grounds Option “B”
1) Walkways (Approx. 450 If of 6’ regular concrete) $9,250 2) Concrete stamped (Approx. 8,500 sq. ft. of concrete stamped $55,250 3) Lighting (Parking security lighting only) $6,000 4) Landscaping (include shrubs and top soil) $8,500 5) Park amenities (8 park benches, 1 drinking fountain $ receptacles) $8,500 6) Decorative water fountain (complete system and installation) $15,000 7) Round planters (to be built around 10 existing trees to match) $12,000
Total estimated cost $114,550
Motion to approve the improvements of the front lawn capital improvement funds.
Moved: Cm. Ramirez Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
VII. PUBLIC HEARINGS
2. Public hearing and introductory ordinance amending the City of Laredo Health Department Fiscal Year 2007-2008 annual budget by appropriating revenues and expenses in the amount of $33,882.00 from the Serving Children and Adolescents in Need (SCAN), Inc., a partnership for services to be provided by the Department’s HIV Program of HIV outreach, HIV testing, pre and post test counseling and pre-treatment services for the term from January 1, 2008 through September 30, 2008; and amending the Fiscal Year 2007-2008 full time equivalent positions, by creating one (1) Health Educator position contingent upon availability of grant funds, and authorizing the City Manager to execute the contract.
Motion to open the public hearing.
Moved: Cm. Rendon Second: Cm. Chavez 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 3. Public hearing and introductory ordinance amending the City of Laredo Health Department Fiscal Year 2007-2008 budget by appropriating revenues and expenditures in the amount of $175,979.00 from the Texas Department of State Health Services for continuation of the Department’s Tuberculosis Prevention & Control Federal Project for the period beginning January 1, 2008 through December 31, 2008 and authorizing the City Manager to execute the contract.
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
4. Public hearing and introductory ordinance authorizing the City Manager to accept and execute a funding agreement with the Texas Department of Transportation in the amount of $19,050,000.00 with a local match of $1,496,480.00 and to amend the FY 2007-2008 Capital Grants fund by appropriating said funds for the proposed reconstruction of streets located within the truck route and various industrial parks.
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: Mayor Pro Tempore Belmares Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
Ordinance Introduction: City Council
5. Public hearing and introductory ordinance authorizing the City Manager to accept and execute a funding agreement with the Texas Department of Transportation in the amount of $4,091,400.00 with a local match of $359,626.39 and to amend the Fiscal Year 2007- 2008 Capital Grant Fund by appropriating said funds for the proposed construction of seven (7) new toll/inspection booths, to be located at the World Trade Bridge.
Motion to open the public hearing.
Moved: Cm. Amaya Second: Cm. Rendon For: 7 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing and introduce.
Moved: Cm. Amaya Second: Cm. Rendon For: 7 Against: 0 Abstain: 0
Ordinance Introduction: City Council
VIII. INTRODUCTORY ORDINANCES
6. Setting the new speed limit on the .236 miles section of FM 3338 located within the City limits of Laredo, Webb County, Texas, as defined in the Texas Department of Transportation Control Section Map 3532-02, as 60 MPH from 50 MPH, providing for the installation of appropriate signs to indicate new speed changes in the designated areas and providing for publication and effective date.
Ordinance Introduction: City Council
7. Amending the Community Development Department Fiscal Year 2007-2008 Full-Time Equivalent positions by creating one (1) full-time Noise Abatement Specialist position with benefits, in the Community Development Department, Real Estate Division, Noise Abatement Program. Funding is available through monetary grants received from the Federal Aviation Administration through its Airport Improvements Program Grants 40 and 47 Noise Abatement and Airport Construction Fund, respectively.
Ordinance Introduction: City Council
IX. FINAL READING OF ORDINANCES
Motion to waive the final reading of ordinance # 2008-O-001, # 2008-O-002, # 2008-O- 003, # 2008-O-004, # 2008-O-005, # 2008-O-006, # 2008-O-007, # 2008-O-008, # 2008-O-009# 2008-O-010, # 2008-O-011, # 2008-O-012, # 2008-O-013, # 2008-O- 014, and # 2008-O-015.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0 8. 2008-O-001 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 Fiscal Year 2007-2008 Annual Budget/Special Police 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 adopt Ordinance # 2008-O-001.
Moved: Cm. Amaya Second: Cm. Garcia For: 7 Against: 0 Abstain: 0 2008-O-002 Authorizing the City Manager to accept a donation from the family of Amanda G. and Jose Maria Guerra in the amount of $1,000.00 and amending and appropriating the City of Laredo Fiscal Year 2007-2008 annual budget. Funds will be deposited in the Friends of the Library Fund and will be used to purchase books and DVDs about Alzheimer’s disease for the Main Library.
Motion to adopt Ordinance # 2008-O-002.
Moved: Cm. Amaya Second: Cm. Garcia For: 7 Against: 0 Abstain: 0 2008-O-003 Authorizing the City Manager to accept the Texas Department of Transportation Section 5307 Grant No. 51822F7052 for $667,123.00 and amending the Fiscal Year 2007-2008 Transit Budget by increasing the State Operating Grant contribution and decreasing Transit Sales Tax match for operating expenses by $208,902.00.
Motion to adopt Ordinance # 2008-O-003.
Moved: Cm. Amaya Second: Cm. Garcia For: 7 Against: 0 Abstain: 0 2008-O-004 Authorizing the City Manager to execute a Memorandum of Understanding between the Laredo Police Department and the United States Marshals Service (USMS), and to accept monetary reimbursement from the U. S. Department of Justice and U. S. Marshals Service for salary expenses not to exceed $15,572.00 annually per officer, incurred by the City of Laredo Police Department for the Fugitive Apprehension Task Force Operation; and amending the City of Laredo’s FY2007-08 budget in the amount of 75,000.
Motion to adopt Ordinance # 2008-O-004.
Moved: Cm. Amaya Second: Cm. Garcia For: 7 Against: 0 Abstain: 0 2008-O-005 Amending the City of Laredo Health Department Fiscal Year 2007-2008 budget by appropriating revenues and expenditures in the amount of $145,933.00 of additional funds from the Texas Department of State Health Services for the Health Department Public Health Preparedness and Epidemiology Program (Pandemic Influenza), for a total amount awarded of $377,542.00. The term is to be changed from ending on August 31, 2008 to end on July 31, 2008, and requesting to amend the approved full- time equivalent positions.
Motion to adopt Ordinance # 2008-O-005.
Moved: Cm. Amaya Second: Cm. Garcia For: 7 Against: 0 Abstain: 0 2008-O-006 Amending the City of Laredo Health Department Fiscal Year 2007-2008 annual budget by decreasing revenues to the total award amount of $23,227.00 from the Texas Department of State Health Services, with an in-kind amount of $17,421.00 from L.I.S.D. and expenditures to $40,648.00 for the continuation of the Health Department’s Abstinence Education Program, term from October 1, 2007 through December 31, 2007.
Motion to adopt Ordinance # 2008-O-006.
Moved: Cm. Amaya Second: Cm. Garcia For: 7 Against: 0 Abstain: 0 2008-O-007 Accepting a grant in the amount of $20,829.00 from the U.S. Department of Justice and amending the City of Laredo’s Fiscal Year 2007-2008 annual budget in the amount of $20,829.00. This grant is part of the Bulletproof Vest Partnership Program which will pay for 50% of the total cost of all approved ballistic protective body armor. The grant period is valid through September 30, 2012.
Motion to adopt Ordinance # 2008-O-007.
Moved: Cm. Amaya Second: Cm. Garcia For: 7 Against: 0 Abstain: 0 2008-O-008 Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lot 8, Block 2, Moreno Addition, located at 1820 Harding Avenue, from R-1 (Single Family Residential District) to R-2 (Multi-Family Residential District); providing for an effective date and publication.
Motion to adopt Ordinance # 2008-O-008.
Moved: Cm. Amaya Second: Cm. Garcia For: 7 Against: 0 Abstain: 0 2008-O-009 Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning 4.85 acres, as further described by metes and bounds in attached Exhibit “A”, located northwest of intersection of McPherson Road and Shiloh Drive, from R-1 (Single Family Residential District) to B-3 (Community Business District); providing for an effective date and publication.
Motion to adopt Ordinance # 2008-O-009.
Moved: Cm. Amaya Second: Cm. Garcia For: 7 Against: 0 Abstain: 0 2008-O-010 Amending the City of Laredo Fiscal Year 2007-2008 Annual Budget for the Certificate of Obligation Series 2006 Fund by appropriating revenues and expenses in the amount of $290,746.00 which is derived by interest earnings of $115,746.00 and $175,000.00 from the Webb County Local Government and authorizing usage of $665,000.00 from the 2007 C.O. by deferring $555,000.00 from Independence Park and transferring $110,000.00 from District I Discretionary Funds in order to complete the funding for the El Eden Recreation Center.
Motion to adopt Ordinance # 2008-O-010.
Moved: Cm. Amaya Second: Cm. Garcia For: 7 Against: 0 Abstain: 0
2008-O-011 Amending the City of Laredo Drug and Alcohol Policy and Procedures Manual ( adopted by Resolution No. 95-R-068), together with the Addendum (Ordinance No. 97-O-020), by expanding the Drug and Alcohol Testing Policy and Procedure to include random testing of all those employees whose jobs fall within the expanded definition of safety sensitive positions; excluding Police and Fire Department civil service employees until such time as the Laredo International Association of Firefighters, Local 1390, and the Laredo Police Officer’s association (LPOA) accept the terms of this ordinance; providing that Police and Fire Department civil service employees shall remain subject to all provisions of the current City of Laredo Drug and Alcohol Policy and Procedures Manual (Resolution No. 95-R-068), together with the Addendum (Ordinance No. 97-O-020); and inserting the policy in the City of Laredo’s Code of Ordinances, Chapter 2-“City Work Policies” creating Subdivision IX, “Drug and Alcohol”, beginning with Section Number 2-50.40; providing for severability and an effective date.
Motion to adopt Ordinance # 2008-O-011.
Moved: Cm. Amaya Second: Cm. Garcia For: 7 Against: 0 Abstain: 0 2008-O-012 Authorizing the City Manager to execute a lease with the Washington’s Birthday Celebration Association, Inc., (W.B.C.A.) for approximately ten (10.0) acres of concrete ramp located on the West General Aviation parking ramp of the Air Operations Area to include City owned vacant non-aeronautical use land located at the Laredo International Airport for the purpose of hosting the 2008 W.B.C.A. Air Show. Lease term is for two (2) days commencing on February 16, 2008 and ending on February 17, 2008. 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.
Motion to adopt Ordinance # 2008-O-012.
Moved: Cm. Amaya Second: Cm. Garcia For: 7 Against: 0 Abstain: 0 2008-O-013 Consenting to the assignment of that Lease Agreement to the premises consisting of approximately 7,913 square feet constituting Building No. 900 located at 4502 Thomas Avenue at the Laredo International Airport approved by Ordinance No. 94-O-072 dated April 4, 1994 and as amended by Ordinance No. 95-O-048 between the City of Laredo, as Lessor and Jackson-Buitron Funeral Home, Inc., as Lessee, to Buitron Dickey Funeral and Cremation Services, L.L.C., a Texas limited liability company, as Assignee, and authorizing the City Manager to execute Lessor’s Certifications, Consent, Agreements and Subordination. All terms and conditions of the lease agreement remain unchanged and in effect; providing for effective date.
Motion to adopt Ordinance # 2008-O-013.
Moved: Cm. Amaya Second: Cm. Garcia For: 7 Against: 0 Abstain: 0 2008-O-014 Amending Chapter 19, Motor Vehicle and Traffic, Article VIII. Stopping, Standing or Parking of the Code of Ordinances of the City of Laredo, thereby creating Section 19-365, City Hall Parking Restrictions, authorizing the issuance of parking citations and/or towing of vehicles for violating posted parking restrictions for the City Hall parking lot and establishing a minimum fine, providing for severability, publication and an effective date.
Motion to adopt Ordinance # 2008-O-014.
Moved: Cm. Amaya Second: Cm. Garcia For: 7 Against: 0 Abstain: 0 2008-O-015 Approving and authorizing the City Manager to:
Execute an easement to the Department of Homeland Security for a term of 25 years for construction of a Riverbend Roadway with option to extend the term; and execute a Temporary Construction Easement to the Department for a term of two (2) years; and providing for an effective date. (As amended)
Cm. Ramirez expressed his dissatisfaction with this item being placed back on the agenda.
Carlos Villarreal, City Manager, explained that the item was tabled in order to allow for staff to gather additional information regarding the Riverbend Roadway.
Deputy Charles Roberson, Border Patrol, introduced a team of employees and engineers from the Border Patrol. He read a letter that was written by the Chief of Border Patrol explaining the importance of adopting the ordinance. He stressed that the security of the nation presents different challenges for Laredo and they need to be proactive to assure the safety of the United States.
Rogelio Rivera testified that he has reviewed the plans for completeness for having them found to be in compliance with the City’s ordinances.
There was a two hour discussion on this item.
Motion to adopt Ordinance # 2008-O-015.
Moved: Cm. Garza Second: Cm. Amaya For: 4 Against: 3 Abstain: 0 Cm. Garza Cm. Landeck Cm. Amaya Cm. Chavez Cm. Rendon Cm. Ramirez Mayor Pro Tem Belmares Motion to reconsider the vote of 2008-O-015.
Moved: Mayor Pro Tempore Belmares Second: Cm. Rendon For: 5 Against: 3 Abstain: 0 Cm. Garza Cm. Landeck Cm. Garcia Cm. Chavez Cm. Amaya Cm. Ramirez Cm. Rendon Mayor Pro Tempore Belmares
Motion to approve/adopt # 2008-O-015.
Moved: Mayor Pro Tempore Belmares Second: Cm. Rendon For: 5 Against: 3 Abstain: 0 Cm. Garza Cm. Landeck Cm. Garcia Cm. Chavez Cm. Amaya Cm. Ramirez Cm. Rendon Mayor Pro Tempore Belmares
X. RESOLUTIONS
9. 2008-R-001 Authorizing the City Manager to enter into a contract agreement with the Texas Department of Transportation for the Chacon Creek Hike and Bike Trail Project.
Motion to approve Resolution # 2008-R-001.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
10. 2008-R-003 Authorizing the City Manager to execute an agreement to contribute funds with the Texas Department of Transportation and to disburse a payment in the amount of $140,357.00 as the City’s contribution for the acquisition of right-of-way necessary for the construction of that portion of the new roadway known as Cuatro Vientos Road, from Mangana-Hein to 1.01 miles south of State Highway 359. Funding is available in the 2006 Certificate of Obligation Bond Proceeds.
Motion to approve Resolution # 2008-R-003.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
11. 2008-R-006 Declaring the public necessity to acquire, the “Surface Only” of a 21.4162 acre parcel of land for the East Laredo Drainage Acquisition Project. Said parcel being described on attached Exhibit A, and authorizing staff to negotiate with the owners for the acquisition of said parcel by purchase at a market value to be established by a State Certified Real Estate Appraiser; upon said purchase to grant a temporary construction easement to adjacent property owner, described legally as a 0.1521 acre parcel of land, more or less, on the western property line of the parcel to be acquired (Exhibit B); and further authorizing the City Attorney to initiate condemnation proceedings to acquire said parcel if staff is unable to acquire through negotiations due to inability to agree to a purchase price, conflict of ownership, owner refusal to sell, and/or inability to locate the listed owner(s). Funding is available in the 32nd Action Year Community Development Block Grant Fund and in the 2005 Certificates of Obligation Fund.
Motion to approve Resolution # 2008-R-006.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
XI. MOTIONS
12. Consideration to reschedule the regular City Council meetings of January, February and March 2008 due to Martin Luther King, Jr. and President’s Day Holidays and the Annual Washington Trip. The rescheduled dates are Tuesday, January 22, 2008, Tuesday, February 19, 2008, Tuesday, March 11, 2008 and Monday, March 24, 2008 and Monday, March 24, 2008.
Motion to approve with correction that the rescheduled date should be January 28, 2008 instead of January 22, 2008.
Moved: Cm. Amaya Second: Cm. Garcia For: 7 Against: 0 Abstain: 0
13. Authorizing the City Manager to approve attached agreement between the Laredo Police Officers Association and the City Of Laredo effective January 7, 2008, including its provision for a credit of $109,750.00 by the City to the police health and benefits trust fund, the value of the “Serious Illness Leave Hours” will be adjusted accordingly in order to eliminate the deficit. This agreement will be retroactive to September 30, 2007.
Motion to postpone.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
14. Authorizing the City Manager to enter into a contract with Mercer Group; not to exceed $30,000.00 to conduct a comprehensive search to recruit a Police Chief for the City of Laredo.
Motion to approve.
Moved: Cm. Garcia Second: Cm. Amaya For: 6 Against: 0 Abstain: 1 Cm. Landeck
15. Adopting rules and procedures for the allocation of funds to Third Party entities that meet the minimum qualifications for requesting said funding from the City of Laredo.
Ray Ayala, Chair of the Committee, reported that they were instructed to come back with an ordinance, but have been told to bring it back in the form of a motion.
Motion to approve.
Moved: Cm. Garza Second: Cm. Ramirez For: 6 Against: 2 Abstain: 0 Cm. Landeck Mayor Pro Tempore Belmares
Cm. Landeck told the City Manager, Carlos Villarreal, that he did not have the right to change a decision of City Council without the direction of City Council. He advised Council that in August 2006 the prior City Council instructed the City Manager to instruct staff to work with the Third Party Funding Committee in the creation of an ordinance. He felt that it was wrong for administration to approach the current Third Party Funding Committee and to advise them that they should adopt their rules through a motion rather than an ordinance. He said that the minutes clearly state why the rules should be adopted as an Ordinance and not a motion.
Raul Casso, City Attorney, pointed out that the current motion will supercede the previous motion.
16. Consideration for approval a professional services to KK Communications, d/b/a Autophone of Laredo, Inc., Laredo, Texas, for WLAN (Wireless Local Area Network) Services for the Laredo International Airport Passenger terminal in accordance with RFP No. FY 07-141 at no cost to the Airport Fund. The contract is for a term of five (5) years with no options to renew.
Motion to approve.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
17. Consideration to award annual supply contract number FY 08-027 to the low bidder meeting specifications, HD Supply Waterworks, San Antonio, Texas, in the estimated amount of $160,000.00, for the purchase of fire hydrants for the Utilities Department. This is an annual supply contract that allows for the purchase of fire hydrants on an as needed basis. Funding is available in the Utilities Department Fund. The City received lower bids from Ferguson Waterworks and ACT Pipe & Supply which do not meet the department’s published specifications. Ferguson Waterworks submitted a bid for a fire hydrant that does not have a stainless steel tubing as required in the specifications and ACT Pipe & Supply submitted a bid for a fire hydrant with a screwed flange which also does not meet specifications.
Motion to approve.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
18. Authorizing the City Manager to determine conditions of possible sale to the Laredo Independent School District for an approximate 10-acre of land out of Block No. 14 of the Subdivision Plat of the Laredo Airport at the Fair Market Value as required by the Federal Aviation Administration. The subject property is located at the Laredo International Airport north of Hillside bounded by Daugherty to the east, Bartlett to the west and south of the City’s Utilities Department. The conditions of the proposed sale to the school district will require City Council approval.
Motion to approve.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
19. Consideration to authorize the purchase of one (1) Peterbilt 365 truck tractor with vacuum trailer in the amount of $157,000.00 from Rush Truck Centers of Texas, L.P., through the Houston Galveston Area Council of Governments (H-GAC) cooperative purchasing program. This equipment will be assigned to the Utilities Department. Funding is available in the Sewer Fund.
Motion to approve.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
20. Consideration to exercise the renewal option for one (1) additional year for contract number FY 07-035 awarded to Rafter P. Transport, Inc., New Braunfels, Texas, in the 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 frequency and number of hours vary depending on the City’s need but the contract is based on a base bid of $6.00 per cubic yard of material. Funding is available in the Utilities Department Water Treatment Division budget.
Motion to approve.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
21. Consideration to amend contract FY 06-083 currently awarded to MO-VAC Environmental, McAllen Texas, for furnishing vacuum truck services to transport domestic sewage, sewage sludge, and/or sludge for the Utilities Department by increasing the contract amount by $45,000.00 to a new contract amount of $225,000.00. Due to an increase in frequency and number of hours the proposed amendment would increase the current contract in order to provide services for the remainder of the contract term. Funding is available in the department’s budget.
Motion to approve.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
22. Consideration to exercise the renewal option for one additional year for contract FY07- 027 awarded to RM Personnel, Inc, Laredo, Texas, in an amount not to exceed $256,755.60, for providing approximately twelve (12) contract employees for the Airport Department. Twelve (12) employees are needed to cover various shifts during the seven (7) day work week. Temporary contract employees have been requested for dispatchers and customer service agent positions at the International Airport Terminal. Funding is available in the Airport Fund.
Motion to approve.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
23. Consideration to exercise the renewal option for annual supply contract FY07-036 awarded to Galls, Inc., Lexington, KY., in the amount of $94,482.86 for the purchase of one hundred fifty four (154), soft body armor vests for the Police Department. The contract price will be firm for one (1) year period and allow the City to purchase additional vests at this contract price. Funding is available in the Special Police budget.
Motion to approve.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
24. Consideration to authorize the purchase of one GMC cab and chassis with water tank from Rush Truck Centers of Texas, LP., in the total amount of $68,615.00 through the Houston Galveston Area Council of Governments (H-GAC) cooperative purchasing program’s contract pricing. Funding is available in the 2007 Certificate of Obligation Bond Proceeds.
Motion to approve.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
25. Consideration to exercise the renewal option for contract FY 06-027 to Southern Sanitation, Laredo, Texas, in the estimated amount of $75,794.04 for providing trash collection services for large volume containers. These services will be required for various city operations such as the Airport, Bridge System, Parks and Recreation, Public Access, Fleet Management, Traffic, Transit, Municipal Housing, Environmental Engineering, Fire and Utilities Departments. Funding is available in the respective departmental budgets.
Motion to approve.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
26. Consideration to award contract number FY07-175 to the low bidder meeting specifications, Nueces Power Equipment, Laredo, Texas, in the estimated amount of $54,700.00 for the purchase of four (4) backhoe trailers for the Public Works Department. Funding is available in the 2007 Certificate of Obligation Bond Proceeds.
Motion to approve.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
27. Authorizing the Washington Birthday Celebration Association (WBCA) to place two (2) temporary promotional banners for the annual WBCA festivities scheduled for January 23, 2008 through February 24, 2008. One banner will be installed on the 2400 block of San Bernardo Avenue from the period of January 28, 2008 through February 28, 2008 and the other banner will be installed at the intersection of McPherson Road and Del Mar Boulevard from the period of January 14, 2008 through February 28, 2008; and to require that the WBCA sign a release of liability to the City of Laredo.
Motion to approve.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
28. Consideration to award a contract to sole source provider, Transcore, LP., for the purchase of an additional 20,000 Automatic Vehicle Identification (AVI) sticker tags as part of the Laredo Bridge System toll collection in an amount not to exceed $250,000.00. Funding is available in the Bridge System Fund.
Motion to approve.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
29. Authorizing the City Manager to waive parking permit fees for use of parking meters, no meters anytime, and loading zone fees for the UETA Jamboozie Festival on Saturday, January 26, 2008. A total of 178 parking meters will be utilized at $5.00 each. The total estimated revenue the City is requested to waive is $890.00.
Motion to approve.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
30. Authorizing the acceptance of the Santa Rita 27”, 30” and 36” sewer improvements as built with the discrepancy of 2,500 feet of 36” sewer line and four (4) manholes at an estimated cost of $360,750.00 and authorizing the Utilities Department to charge each developer their share of the cost as indicated on Exhibit “A”. Funding is available in the 2004 Sewer Revenue Bond.
Motion to postpone.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
31. Consideration to amend the budget/project period of the Health Care Response and Management Along the US/Mexico Border (X4-96602701-2) from the U.S. Environmental Protection Agency with the City of Laredo Health Department which was to end on December 16, 2007 but will continue through December 30, 2007. The award remains at $78,947.00.
Motion to approve.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
32. Consideration to authorize the issuance of a permit to the City of Laredo Convention & Visitors Bureau for the installation of a forty-five (45) foot wide by four (4) foot high banner located at 2400 San Bernardo to promote the annual Sister Cities Festival. The banner will be installed from January 8, 2008 to January 28, 2008.
Motion to approve.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
33. Authorizing the City Manager to amend the 2003 HOME Investment Partnership, Community Housing Development Organization (CHDO) Contract with Metro Affordable Housing Corporation to extend the deadline to expend program funds from November 1, 2007 to August 30, 2008 in support of the Cardinal Point Project, a 40 unit town home development of which 20 units will be HOME assisted.
Motion to approve.
Moved: Cm. Garza Second: Mayor Pro Tem Belmares For: 8 Against: 0 Abstain: 0
34. City Council approval to donate salvaged ambulance #9101 to the State of Guanajuato to be turned over to the municipality of Santiago de la Union, Guanajuato, Mexico.
Motion to approve.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
35. Refund of property tax in the amount of $5,313.21 to the following taxpayers:
1. A refund in the amount of $594.38 payable to Juan Martinez due to an erroneous payment. Account #549-01259-070. 2. A refund in the amount of $4,718.83 payable to the Laredo National Bank due an erroneous payment. Account #946-80003-014.
Motion to approve.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
XII. STAFF REPORTS
36. A. Presentation of the Plan of Finance by Estrada-Hinojosa & Company, Financial Consultants, on a proposed private placement bond sale for the purpose of purchasing Transit Buses.
Rosario Cabello, Finance Director, gave the following report:
City of Laredo, Texas $3,555,000 Public Property Finance Contractual Obligations, Series 2008
Sources and Uses of Funds
Sources of Funds
Par Amount of Obligations $3,555,000 Total Uses of Funds $3,555,000
Uses of Funds
Purchase of ten (10) Gillig Corp. Low Floor Bus $3,500,000 Cost of Issuance 55,000 Total Uses of Funds $3,555,000
Payment Source: Mass Transit Sales Tax
Summary of Competitive Bid Process
If plan of finance approved, Estrada Hinojosa will Distribute RFP to private placement providers for City of Laredo, Texas. Purpose of RFP is to solicit responses in order obtain lowest borrowing cost for City’s Public Property Finance Contractual Obligations, Series 2008.
Key dates are as follows:
January 7, 2008 Present preliminary Plan of Finance and timetable to City Council.
January 14, 2008 Financial Advisor prepares preliminary structure and completes RFP for private placement provider.
January 16, 2008 Financial Advisor distributes RFP for private placement providers due by 02/01/2008.
January 22, 2008 City Council introduces Ordinance to sell the Obligations (First reading of Bond Ordinances.)
February 1, 2008 Proposals due from private placement providers by 2:00 p.m.
February 1, 2008 City Council approval.
February 4, 2008 City Council adopts Ordinance to sell Obligations.
February 6, 2008 Submit documents to Texas Attorney General.
March 3, 2008 Obtain Texas Attorney General’s Approval of the Obligations.
March 6, 2008 Closing.
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. RECESS AS THE LAREDO CITY COUNCIL AND CONVENE AS THE LAREDO MASS TRANSIT BOARD
Motion to recess as the Laredo City Council and convene as the Laredo Mass Transit Board.
Moved: Cm. Amaya Second: Cm. Chavez For: 7 Against: 0 Abstain: 0
37. 2008-RT-001 Authorizing the City Manager to enter in an Interlocal agreement with the Nashville Metropolitan Transit Authority (MTA) and Laredo Transit Management to utilize the assign ability clause from the Nashville MTA’s Request for Proposal #011503-01 to purchase ten (10) low floor transit buses; and authorize the Laredo Transit General Manager sign all required documents. Subject to approval of the Plan of Finance and sale of Public Property Finance Contractual Obligation 2008.
Motion to approve.
Moved: Cm. Amaya Second: Cm. Chavez For: 7 Against: 0 Abstain: 0
XV. RECESS AS THE LAREDO MASS TRANSIT BOARD AND RECONVENE AND ADJOURN AS THE LAREDO CITY COUNCIL
Motion to recess as the Laredo Mass Transit Board and reconvene and adjourn as the Laredo City Council.
Moved: Cm. Amaya Second: Cm. Chavez For: 7 Against: 0 Abstain: 0
I, Gustavo Guevara, Jr., City Secretary, do hereby certify that the above and foregoing is a true and correct copy of the minutes contained in pages 01 to 26 and they are true, complete, and correct proceedings of the City Council meeting held on January 7, 2008.
______________________________ Gustavo Guevara, Jr. City Secretary
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