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CITY OF CITY COUNCIL MEETING M2008-R-05 CITY COUNCIL CHAMBERS I. CALL TO ORDER With a quorum present, Mayor II. PLEDGE OF
ALLEGIANCE Mayor III. ROLL CALL In attendance: Raul
G. Mike
Garza, Council Member, District I Hector
Garcia, Council
Member, District II 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., Horacio
De Leon, Assistant
City Manager Raul
Casso, IV. MINUTES Approval
of the minutes of Motion to approve. Moved: Cm. Rendon Second: Cm. Amaya For: 5 Against: 0 Abstain: 0 Cm.
Garza, Cm. Garcia, and Mayor Pro-Tempore Belmares were not present at this
time. V. COMMUNICATIONS
AND RECOGNITIONS
Recognitions a. Recognition of Judge Oscar O. Martinez for
being named 2008 LIFE Rancher of the Year during the 45th annual LIFE Mayor Salinas and the City Council
publicly recognized Judge Oscar O. Martinez for his great work to our
community. b. Recognition of the Border Olympics Board of
performance during the 2008 Border
Olympics Event. Mayor Salinas presented Certificates of
Recognition to Gregorio “Goyo” Lopez, President; Pancho Averill,
Mike Drake, and Osvaldo Guzman. c. Recognition of Felix Garcia for
being selected to the National Team. Not
present. d. Recognizing the Service Award from the Code Enforcement
Association of No action taken. e. Recognition of the 2008 Mayor's
Cup-City Employee Softball Tournament Winners.
No action taken. Motion to recess at Moved: Cm. Rendon Second: Cm. Amaya For: 7 Against: Abstain: Cm. Garcia not present. Returned at
Communiqués Citizen comments VI. APPOINTMENTS TO
COMMISSIONS, BOARDS AND COMMITTEES a. Appointment by Mayor Pro-Tempore Gene
Belmares of Sammy Alasi to the Convention & Visitors Bureau Advisory Committee. Motion to approve. Moved:
Cm. Garcia Second:
Cm. Ramirez For:
8 Against: 0 Abstain: 0 b. Appointment by Council Member Johnny Rendon
of Richard Perales to the Transportation and Motion to approve. Moved:
Cm. Garza Second: Cm. Garcia For:
8 Against: 0 Abstain: 0 VII. GENERAL COUNCIL
DISCUSSIONS AND PRESENTATIONS 1. A. Request
by Mayor 1. Status report on the canopy for Bridge I,
with possible action. take five months to complete. He commented that it will be ready by July
or August. B. Request by Council Member Mike Garza 1. Discussion with possible action on setting
a date for a Budget Retreat. Cm. Garza requested to set a date for a Budget
Retreat and also requested that the Budget Director start setting up a
calendar. 2. Discussion with possible action on
directing the City Manager to conduct a study to alleviate the problems on garbage pick
up. Cm. Garza stated that he received a
report on garbage pick up which indicates that national holidays
that fall on Sundays and are observed on Mondays are balanced out with those that fall on Friday. He
commented that there may be issues when garbage is not picked up
after a holiday because it falls on a weekend. He requested that staff look into alternatives or other
possibilities to alleviate this problem.
C. Request by Council Member Hector J. Garcia 1. Discussion with possible action regarding
outstanding loans/debts owed to the City of Cm. Garcia stated that he wants to have
something stable right now, so that at the end the year debts to the City are not
written off. He pointed out that there
are millions of dollars that have not been paid to the
City. He asked staff to come back with
a report to see what is owed. He added that contracts should be written
stating that the business may be audited at any time. He requested a report by the next
meeting. Finally, he commented that there should be a plan in
place for the collection of insurance, ambulance services, and rent. 2. Discussion with possible action on
appropriating matching funds to a 3 million dollar Transportation Grant for a hike and bike
trail along Chacon Creek. Cm. Garcia reported that the money is
available and asked to have a trail through Miguel Pescador, Parks and Recreation
Department Director, reported that a status report on the Transportation Grant of 3
million dollars was provided. He
stated that the grant requires a local match of 20 %. He noted that the Advanced Money Agreement has been executed and is currently
under review by the state. He mentioned
that they are in the process of finding the 20%
local match required. He informed City
Council that from the original 3.3 million
amount 20% would have been $660,000, but it has been reduced because
of the Economically Disadvantaged Communities Programs Grant.
He reported that the new match amount is $280,500. He added that there is currently a motion (#30) on tonight’s agenda
to award a $322,813 design and construction contract to Carter Burgess
Inc. for the hike and bike trail. Motion to earmark $322,813 from Cm.
Garcia’s Discretionary Fund with reimbursement. Moved:
Cm. Garcia Second:
Cm. Landeck For:
8 Against: 0 Abstain: 0 3. Discussion with possible action to consider
amending the priority procedures manual by placing the general Council discussion
items at the end of the agenda as opposed to the current order in which they are placed. Motion to place the General Council
Discussion items at the end of the agenda. Moved:
Cm. Garcia Second:
Cm. Garza For:
7 Against: 1 Abstain: 0 Cm.
Ramirez 4. Discussion with possible action regarding
the closing of and Police
Department equipment. Cm.
Garcia mentioned that he had placed this item on the agenda before. He reported that for safety reasons the street in
back of the Police Station needs to be closed for the security of the police officers. Motion
to start the procedure for the closing of the street and send to the Street
Closing Committee. Moved:
Cm. Garcia Second: Mayor Pro-Tempore Belmares For: 8 Against: 0 Abstain: 0
D. Request by Council Member Johnny Rendon 1. Discussion with possible action on placing
speed humps on
Motion to approve. Moved: Cm. Chavez Second:
Cm. Amaya For:
8 Against: 0 Abstain: 0 E. Request by Mayor Pro-Tempore Gene Belmares 1. Discussion with possible action on
impounding uninsured vehicles and those operated by unlicensed drivers. Mayor Pro-Tempore Belmares stated that
in 1998, Congressman Henry Cuellar, passed a state law that allowed municipalities to
make that choice. He commented that he wants to begin the process of creating an
ordinance. He stated that the
ordinance would give more authority to the Police Department
to call the wrecker services and have the cars towed
and impounded. He also stated that the
ordinance would set up the due process for those people having to go to
Municipal Court to retrieve their vehicles.
He instructed staff to prepare a draft ordinance to
have City Council review it. 2. Discussion with possible action on setting,
publishing and conducting public hearings to amend the towing ordinance to reflect
necessary changes as per the ordinance. Mayor Pro-Tempore Belmares stated that
the ordinance has to have a caveat stating that every two years
there has to be a public hearing to discuss if there are any changes to the ordinance. He reported that there have not been any
public hearings in the last 8 to 10 years.
He pointed out that the cost of insurance and labor has gone up
dramatically. He noted that storage fees have not changed
in the last 10 years. Tommy Ochoa, Municipal Court
Administrator, stated that in the current fiscal year they are 15% ahead of their projections in
their budget and revenues. He reported
that for the month of February the net revenues are
up 23% ahead of last year, maintaining the same levels of
citations. He added that it is the
same volume, but the revenues are up. He mentioned that there are provisions
under state law where the city can be reimbursed for the cost of
their time when a private wrecker has to be called in to pick up vehicles. He recommended adding a fee which has to be
paid before the vehicle is released.
He pointed out that this would be for the
towing process. He stated that they would still have to go to court to
adjudicate the case as the due process allows. 3. Discussion with possible action on a water
distribution action plan for summer 2008. Tomas Rodriguez, Cm.
Garcia emphasized that water meter of older residents should not be
disconnected without contacting them. Finally, Mr. Rodriguez reported that
there is a Meter Exchange Program which exchanges any commercial or residential meter
over 7 years old. He added that this makes the meter more efficient and also
helps identify illegal connections. F. Request by Council Member Juan Chavez 1. Motion to increase funding for the
Community Action Agency Meals on Wheels, with possible action. Motion to approve with an
extra $12,000. Moved: Cm. Chavez Second:
Cm. Garza For:
8 Against: 0 Abstain: 0 2. Status report of the nationalization
ordinance, with possible action. Keith Selman, Planning and
Zoning Director, reported that the nationalization of vehicles ordinance is in effect and was
adopted about 3 months ago. He stated
that it is more restrictive and now
requires a Special Use Permit to establish a naturalization of vehicle business. He added that there are only certain
districts where it can be obtained and that would be in a B-3 district and
up. He mentioned that one of the
requirements is the size of the tract which there is a
two acre provision. He commented that
they recently received an application and in
the process they found out it was short of the two acre
provision. He commented that because
of this, the money had to be returned to them.
Finally, he said that there are businesses out there that have a legal
non- conforming status because they were issued
a Conditional Use Permits or became B-4’s legally. Cm. Garza asked that he would like to
see what other cities have in terms of ordinances and if they are
generating revenues from this type of service. G. Request by Council Member Juan
Ramirez 1. Discussion with possible action regarding
the purchase of Block 618 WD, located on east of Eagle Pass Avenue between a recreation center and a park. Cm. Ramirez reported that this is in the
area of the old San Francisco Javier neighborhood. He stated that he would like to see this
block purchased. Motion to authorize an
appraisal. Moved: Cm. Ramirez Second:
Cm. Mayor Pro-Tempore Belmares For:
8 Against: 0 Abstain: 0 VIII. PUBLIC HEARINGS 2. Public hearing and introductory ordinance
amending the City of Department Fiscal Year 2007-2008 annual
budget by appropriating revenues and expenditures in the amount of $30,000.00
of additional funds from the Department of State Health Services for
continuation of the Abstinence Education Program, and
In-kind amount of $21,000.00 from L.I.S.D. for a total amount of expenditures of
$51,000.00 for the period of Motion to open the public hearing. Moved:
Mayor Pro-Tempore Belmares Second:
Cm. Garza For: 8 Against: 0 Abstain: 0 There was no public input. Motion to close the public hearing and
introduce. Moved:
Mayor Pro-Tempore Belmares Second:
Cm. Garza For:
8 Against: 0 Abstain: 0 Ordinance Introduction: City Council 3. Public hearing and introductory ordinance
amending the City of 2007-2008 annual budget by decreasing
revenues and expenditures by $8,551.00 for a total award amount of $79,249.00 from
the South Texas Development Council (STDC) for the continuation of the AIDS Projects (HOPWA) for the period of and authorizing the City Manager to
execute said contract. Motion to open the public hearing. Moved:
Mayor Pro-Tempore Belmares Second:
Cm. Garza For:
8 Against: 0 Abstain: 0 There was no public input. Motion to close the public hearing and
introduce. Moved:
Mayor Pro-Tempore Belmares Second:
Cm. Garza For:
8 Against: 0 Abstain: 0 Ordinance Introduction: City Council 4. Public hearing and introductory ordinance
amending the City of 2007-2008 Annual Budget by appropriating
revenues and expenditures in the amount of $1,000.00 donated by Wal-Mart for the
administration of various programs and authorizing the City Manager to
implement said budget amendment. Motion to open the public hearing. Moved:
Mayor Pro-Tempore Belmares Second:
Cm. Garcia For: 8 Against: 0 Abstain: 0 There was no public input. Motion to close the public hearing and
introduce. Moved:
Mayor Pro-Tempore Belmares Second:
Cm. Chavez For:
8 Against: 0 Abstain: 0 Ordinance Introduction: City Council 5. Public hearing and introductory ordinance
amending the City of Laredo Land Development Code, Chapter 24, Article
III, by creating Section 24-56, entitled “Parkland Dedication Ordinance” and
amending the City of Code, Appendix A, by adding the Parkland
Dedication Fee Methodology as per the attached Exhibit A; providing for
severability, publication and an effective date. Motion to open the public hearing. Moved:
Mayor Pro-Tempore Belmares Second:
Cm. Rendon For:
8 Against: 0 Abstain: 0 There was no public input. Motion to close the public hearing. Moved:
Mayor Pro-Tempore Belmares Second:
Cm. Rendon For: 8 Against: 0 Abstain: 0 Ordinance Introduction: City Council 6. Public hearing and introductory ordinance
accepting funds in the amount of $245,000.00 from the the Laredo Police Department Public
Safety Answering Point in accordance to Section 771.0751 of the Texas Health and Safety
Code ad Rule 251.3 Use of Revenue in Certain Counties from the Commission on State
Emergency Communications; and amending the Fiscal Year 2007-2008 City of expenditures in the amount of
$245,000.00 for salary expenses for the Laredo Police Department
Communications Division salaries. Motion to open the public hearing. Moved:
Mayor Pro-Tempore Belmares Second:
Cm. Chavez For: 8 Against: 0 Abstain: 0 There was no public input. Motion to close the public hearing and
introduce. Moved:
Mayor Pro-Tempore Belmares Second:
Cm. Rendon For:
8 Against: 0 Abstain: 0 Ordinance Introduction: City Council 7. Public hearing and introductory ordinance
amending the City of Ordinances, Chapter 17 Library, Article
I, In General, Section “Fines and Fees for Library Services” allowing for a change
in the passport execution fee to follow the fee schedule set by the U.S. Department of State
and providing for publication and an effective date. Motion to open the public hearing. Moved:
Mayor Pro-Tempore Belmares Second:
Cm. Rendon For: 8 Against: 0 Abstain: 0 There was no public input. Motion to close the public hearing and
introduce. Moved:
Mayor Pro-Tempore Belmares Second:
Cm. Rendon For: 8 Against: 0 Abstain: 0 Ordinance Introduction: City Council 8. Public hearing and introductory ordinance
authorizing the City Manager to accept a donation from the Raymond H. and
Florence L. Sponberg Foundation of the amount of $1,000.00 and amending the
City of Fiscal Year 2007-2008 annual
budget. Funds will be used for
literacy programs and the purchase of books and DVDs for the Main
Library. Motion to open the public hearing. Moved:
Mayor Pro-Tempore Belmares Second:
Cm. Rendon For: 8 Against:
0 Abstain: 0 There was no public input. Motion to close the public hearing and
introduce. Moved:
Mayor Pro Tempore Belmares Second:
Cm. Chavez For:
8 Against: 0 Abstain: 0 Ordinance Introduction: City Council 9. Public hearing and introductory ordinance
authorizing the City Manager to accept Fiscal Year 2008 Federal Planning Funds (PL112)
in the amount of $44,686.86 and amending the City of Budget increasing revenues by $44,687.00
and expenditures by $44,687.00. The
PL112 funds come from the 2008-2009 approved
Unified Planning Work Program (UPWP). Motion to open the public hearing. Moved:
Mayor Pro-Tempore Belmares Second:
Cm. Chavez For: 8 Against: 0 Abstain: 0 There was no public input. Motion
to close the public hearing and introduce. Moved: Mayor Pro-Tempore Belmares Second: Cm. Ramirez For: 8 Against: 0 Abstain: 0 Ordinance
Introduction: City Council 10. Public hearing and introductory ordinance
authorizing the City Manager to accept and execute an advanced funding agreement
with the Texas Department of Transportation in the amount of $1,300,000.00 with a
local match of $177,984.00 and to amend the Fiscal Year 2007-2008 Capital Grants
Fund by appropriating said funds for the proposed design of a rail road grade
separation to be constructed over the Southern Rail Road Crossing located on
Motion to table. Moved:
Cm. Garcia Second: Cm. Rendon For: 8 Against: 0 Abstain: 0 11. Public hearing and introductory ordinance
amending Chapter 19, Motor Vehicle and the Code of Ordinances of the City of meter permit contracts for certain
parking meter spaces located west of Avenue and north of dollars
($40.00) per parking meter space and increase the parking meter time limit in
this area from four (4) to ten (10)
hours and to provide for severability, publication and an effective date. Motion to open the public hearing. Moved:
Mayor Pro-Tempore Belmares Second: Cm. Rendon For: 8
Against: 0 Abstain: 0 There was no public input. Motion to close the public hearing and
introduce. Moved:
Mayor Pro-Tempore Belmares Second: Cm. Garza For: 8 Against: 0 Abstain: 0 Ordinance Introduction: City Council 12. Public hearing and introductory ordinance
amending the City of Ordinances, Chapter 32, Vehicles for
Hire, Article III Tow Services, Section 32-88 Duties of Tow Services on Rotation
List, Subsection (6) Time for Arrival by adding fifteen (15) minutes; Section 32-92
Towing Fees charged by towing companies on the City’s rotation list, by increasing
and setting fees as follows: tow from
$50.00 to $95.00; heavy-duty wrecker tow for an
unloaded vehicle from $110.00 to $200.00; heavy-duty wrecker tow for a loaded
vehicle from $150.00 to $275.00; use of a dolly from $25.00 to $40.00; use of a winch
from $20.00 to $75.00; lockout fee set at $65.00; police units (marked/unmarked) towing
and tire changes set at $50.00; amending Section 32-93 storage facility Fees
for less than 12 hours from $10.00 to that allowed by state law and $10.00 for police
units (marked/unmarked); 12 hours or more from $10.00 to that allowed by state law;
for each additional day from $10.00 to that allowed by state law; truck or trailer longer
than 35 feet from $10.00 to that allowed by state law; Preservation Fee from $10.00 to
that allowed by state law, and $10.00 for police units (marked/unmarked) providing for
publication and an effective date. Motion to open the public hearing. Moved:
Mayor Pro Tempore Belmares Second: Cm. Garza For: 8 Against: 0 Abstain: 0 Acting Police Chief, Gilberto Navarro,
reported that back in May, the Laredo Police Department
met with the wrecker services. He
stated that they agreed to the increase of the costs since it had been at least
10 years since the ordinance was reviewed. He pointed out that because of this, the increase
in costs may seem dramatic. He commented that they have a very good
working relationship with them. He
pointed out that there were three items that were
not agreed upon by both sides. He
reported that the first item as it reads in the
ordinance, states that the $50.00 charge for police vehicles should
include all city vehicles. The second
item was the issue of being exclusive when it pertains to a police
generated call. He stated that there have
been instances where a new vehicle is
involved in a crash and the owner calls the dealership to have it towed. He pointed out that if they were to go
exclusive with the wrecker services this would cease. Thirdly, he stated that they did not reach
a consensus if there should be an increase on the permit
fees which currently is at $100.00. He
pointed out that other cities have
additional fees. He recommended having
the rotation fee set at $300.00 per permit. Hector Cabello, owner of Cabello
Wrecker Service, stated that we need to increase the towing fee from $50.00 to $ 95.00 when
the public has a wreck. He emphasized
that this increase is due.
Jose Angel Martinez, owner of Martinez
Wrecker Service, stated that it has been 10 years since they have had a raise on
their service fee and he would appreciate the increase. Motion to close the public hearing and
introduce with the following amendments: (1) to raise the
rotation fees charged to towing companies to $300.00; (2) do not make it exclusive to the towing companies; and
(3) to include city vehicles in the towing and tire change fee of $50.00. Moved:
Mayor Pro Tempore Belmares Second: Cm. Ramirez For: 8 Against: 0 Abstain: 0 Ordinance Introduction: City Council IX. INTRODUCTORY
ORDINANCES 13. Amending The City Of I- In General, Section 2-5 City
Council Meetings, Subsection (B), (C) & (D) by providing an option of extending
meeting times for an additional fifteen minutes, from providing for an effective date. Motion to end the City Council
Meetings at Moved:
Cm. Chavez Second: Cm. Ramirez For:
6 Against: 2 Abstain: 0 Cm.
Rendon Mayor
Pro-Tempore Belmares 14. Amending Ordinance 2000-O-295 which adopted
the speed hump installation policy of the City of installation of speed humps from 1,000
feet to 1,100 feet and to incorporate other changes to the established procedures
and to the special provisions for the installation of the speed humps, providing for
publication and an effective date. Ordinance Introduction: City Council 15. Amending the Subdivision Ordinance of the
City of Section 3-2 N, entitled blocks,
establishing a definition for streets length and adopting standards
for traffic calming devices in certain circumstances of excessive street
length; providing for publication and an
effective date. Ordinance Introduction: City Council 16. Authorizing the City Manager to execute a
lease agreement with International Dairy Products, Inc., for approximately
15,000 square feet of warehouse space situated within a 2.0 acre tract of land located at commencing on 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 $5,676.00 and will be adjusted annually according to change in the
Consumer Price Index. Except for the month of October 2007,
Lessee’s rental obligation shall be $2,006.00; providing for an effective
date. Ordinance Introduction: City Council X. FINAL Motion
to waive the final reading of Ordinances:
2008-O-028, 2008-O-037, 2008-O-038, 2008-O-039,
2008-O-040, 2008-O-041, 2008-O-042, and 2008-O-043. Moved: Mayor Pro-Tempore Belmares Second: Cm. Garcia For: 8 Against: 0 Abstain: 0 17. 2008-O-028
Authorizing the City Manager to enter into a lease agreement with Webb
County Area Justice Foundation d/b/a Lessee to an approximate 15,244 square
foot building situated on an approximate 1.6501-acre tract located at
2920 E. Saunders (rear). The lease term is for five (5) years
commencing 31, 2018. The initial monthly rent is the sum of
$8,384.00 and providing for rent abatement in consideration of
certain improvements to the leased premises. Motion to adopt Ordinance 2008-O-028. Moved:
Cm. Garcia Second:
Mayor Pro-Tempore Belmares For:
8 Against: 0 Abstain: 0 2008-O-037 Authorizing the City Manager to accept
payment in the amount of $41,623.00 from the Pool (TMLIRP) as settlement for the
replacement of a stolen 2001 Caterpillar Backhoe Loader and to amend
the City of 2007-2008 Capital Improvement Fund
Budget by appropriating revenues and expenditures for the purchase of a
replacement backhoe loader and authorizing the City Manager to
implement said budget. Motion to adopt Ordinance 2008-O-037. Moved:
Cm. Garcia Second:
Mayor Pro-Tempore Belmares For:
8 Against: 0 Abstain: 0 2008-O-038 Amending Section 1 of Ordinance 2007-O-134
of the City of authorization to implement a cost of
$15.00 per sticker tag for the upgraded Automatic Vehicle
Identification (AVI) System for southbound traffic utilizing the City of Laredo
International Bridges as further described in Exhibit “A” and hereby
repealing all conflicting sections in all ordinances currently in effect. Motion to adopt Ordinance 2008-O-038. Moved:
Cm. Garcia Second:
Mayor Pro-Tempore Belmares For:
8 Against: 0 Abstain: 0 2008-O-039 Authorizing the City Manager to execute a
lease with Securitas Security Services, USA, Inc., for approximately
120 square feet of office space and an exclusive office entry lane of
approximately 540 square feet at Bridge II. 1.
Lease term is for one (1) year commencing on 2.
Monthly rent will be $2,810.00 for approximately 120 square feet of office space and an exclusive
office entry lane of approximately 540 square feet at Bridge II. 3.
The lease may be terminated by either party with a thirty (30) day written notice. Motion to adopt Ordinance 2008-O-039. Moved:
Cm. Garcia Second:
Mayor Pro-Tempore Belmares For:
8 Against: 0 Abstain: 0 2008-O-040 Amending Chapter 2, Article I of the Code
of Ordinances of the City of Services” to establish a 3% credit card
convenience processing fee for internet users and voice activated
payments on all City payments. The 3% fee is based on the amount of
transaction. The fee will be evaluated
within six (6) months in order to assess
its viability. (As amended) Motion to adopt Ordinance 2008-O-040. Moved:
Cm. Garcia Second:
Mayor Pro-Tempore Belmares For:
8 Against: 0 Abstain: 0 2008-O-041 Authorizing the City Manager to accept a
$330,500.00 donation from the Lamar Bruni Vergara Trust and amending
the City of 2007-2008 Capital Improvement Fund by
appropriating revenues and expenditures in the amount of
$330,500.00 in the form of a donation for the design, construction and
installation of 19 shade structures throughout various park areas in Motion to adopt Ordinance 2008-O-041. Moved:
Cm. Garcia Second:
Mayor Pro-Tempore Belmares For:
8 Against: 0 Abstain: 0 2008-O-042 Authorizing the City Manager to accept a
grant in the amount of $100,000.00 from the Office of the
Governor, the Division of Emergency Management (GDEM) and to amend the City
of 2007-2008 Annual Budget in the same
amount. The Office of the Governor, the Division of Management has
made a project grant available in order to organize and deploy state
agency and local government law enforcement personnel and equipment to
participate in a project to enhance border security along the
Texas-Mexico border. Funds will be used to pay overtime, fringe benefits
and operational expenses from Motion to adopt Ordinance 2008-O-042. Moved:
Cm. Garcia Second:
Mayor Pro-Tempore Belmares For:
8 Against: 0 Abstain: 0 2008-O-043 Amending the Zoning Ordinance (Map) of the
City of Lot 1, Block 2, Cuatro Vientos Norte
Subdivision Phase 1 located at 3302 Cuatro 1 (Limited Commercial District);
providing for an effective date and publication. Motion to adopt Ordinance 2008-O-043. Moved:
Cm. Garcia Second:
Mayor Pro-Tempore Belmares For:
8 Against: 0 Abstain: 0 XI. RESOLUTIONS 18. 2008-R-013
Approving an agreement with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in the amount of
$21,000.00. 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 grant is from Motion to approve Resolution 2008-R-013.
Moved: Mayor Pro-Tempore
Belmares Second:
Cm. Amaya For:
8 Against: 0 Abstain: 0 19. 2007-R-014
Authorizing our Delinquent Tax Attorney to arrange for the auction by the Webb County Sheriff, pursuant to
Section 34.05 of the Tax Code, of the properties listed on the exhibits A
and B; and subject to the minimum specified herein: Property 2 3720 ½ Pinder $24,136.00 Property 3 2410 Chacon $14,630.00 Property 4 2602 Market $74,487.00
Above property is more specifically
described in attached Exhibits A & B. Motion to approve Resolution 2008-R-014. Moved:
Mayor Pro-Tempore Belmares Second:
Cm. Amaya For:
8 Against: 0 Abstain: 0 20. 2008-R-015
Accepting a donation of the “Surface Only” of a parcel of land for
Chacon Creek Master Plan. Said parcel being Subdivision, Phase V, City of recorded in Volume 25, Page 103, Webb
County Plat Records and described on attached Exhibit A. Motion to approve Resolution 2008-R-015. Moved:
Mayor Pro-Tempore Belmares Second:
Cm. Amaya For:
8 Against: 0 Abstain: 0 21. 2008-R-016
Accepting a donation of a utility easement from First National Bank, a
Banking Association, in order to
maintain an existing eight-inch sanitary sewer line. Said utility easement being
out of Lots 1 & 2, Block 1217, Eastern Division, City of attached Exhibit 1. Motion to approve Resolution 2008-R-016. Moved:
Mayor Pro-Tempore Belmares Second:
Cm. Amaya For:
8 Against: 0 Abstain: 0 22. 2008-R-019
Consideration to accept a donation of a cubism ceramic mural,
entitled: “Musicians” from Mr. Santos Rios, which
will be permanently displayed at the Motion to approve Resolution 2008-R-019. Moved:
Mayor Pro-Tempore Belmares Second:
Cm. Amaya For:
8 Against: 0 Abstain: 0 23. 2008-R-020
Declaring the public necessity to acquire the “Surface Only” of seven
parcels of land for the extension of 1.
A tract of land containing 727 sq. ft. of land, more or less, and described by Metes and Bounds and
Survey attached as Exhibits A and B, 2. a
tract of land containing 1.46 acres of land, more or less, and described by Metes and Bounds and
Survey attached as Exhibits C and D, 3.
a tract of land containing 0.30 acres of land, more or less, and described by Metes and Bounds and
Survey attached as Exhibits E and F, 4.
a tract of land containing 0.43 acres of land, more or less, and described by Metes and Bounds and
Survey attached as Exhibits G and H, 5.
a tract of land containing 0.13 acres of land, more or less, and described by Metes and Bounds and
Survey attached as Exhibits I and J, 6.
a tract of land containing 0.38 acres of land, more or less, and described by Metes and Bounds and
Survey attached as Exhibits K and L, and 7.
a tract of land containing 0.68 acres of land, more or less, described
by Metes and Bounds and Survey attached
as Exhibits M and N. All seven tracts being situated in
Porcion 23, Abstract 283, Webb County, by purchase at market values to be
established by a State Certified Real Estate Appraiser, and further
authorizing the condemnation proceedings to acquire said
parcels 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 for this project is available in
the 2007 Certificate of Obligation. Motion to approve Resolution 2008-R-020. Moved:
Mayor Pro-Tempore Belmares Second:
Cm. Amaya For:
8 Against: 0 Abstain: 0 XII. MOTIONS 24. Authorizing award of 2007 Home Investment
Partnership Program (HOME), Community Housing Development
Organization (CHDO) set-aside funds in the amount of $95,631.40 to Habitat for
Humanity of Laredo, Inc., to utilize towards supplement construction costs for the
Tierra Prometida Project; and further authorizing the City Manager to execute all
documents in support of the same. Motion to approve. Moved:
Cm. Garcia Second: Cm. Amaya For:
8 Against: 0 Abstain: 0 25. Amending a Professional Services Contract
previously awarded to W. D. Schock Company, Inc. of provision of residential sound
reduction services, as part of the City of International apartment units located at contract period of eighteen (18)
months with options. Motion to approve. Moved: Cm. Garcia Second: Cm. Amaya For:
8 Against: 0 Abstain: 0 26. Consideration to award a construction
contract to the lowest bidder Jimmy Closner and Sons Construction Co., Inc.; construction of the Water Distribution
Systems at the Mines Road Planning Area Colonias Rancho Peñitas West, Los
Minerales, Minerales Annex and Antonio Santos, Work Order #1 -subject to the approval
of the Texas Water Development Board (TWDB). The construction time is 365
calendar days. Funding is available in
the Colonias Project Fund. Motion to approve. Moved:
Cm. Garcia Second: Cm. Amaya For:
8 Against: 0 Abstain: 0 27. Consideration to authorize change order #1
for QRO MEX Construction a decrease in the amount of $7,784.65 for the
construction of an 18” water line from High School to the existing booster
station along TX. Hwy 359 Colonias Work Order NADBank -#1, decreasing the total
construction contract from $1,487,828.25 to $1,480,043.60. Funding is available in
the Colonias Project fund. Motion to approve. Moved:
Cm. Garcia Second: Cm. Amaya For:
8 Against: 0 Abstain: 0 28. Consideration to authorize change order #1
to Jimmy Closner and Sons Construction Co., Inc., 359 Planning Area Work Order #3 –
Water Distribution and Wastewater Collection System and is subject to the approval
of the TWDB. This change order consists in field changes no. 1, 2, 5, 6, 8, & 9 to
improve the efficiency of the design and due to conflicts that reflect the actual site
conditions. The construction contract time is extended for an additional 45 calendar
days. The revised contract amount is $4,718,684.15. The new construction time
including this change order will be 585 calendar days. Funding is available in the Colonias
Project Fund. Motion to approve. Moved:
Cm. Garcia Second: Cm. Amaya For:
8 Against: 0 Abstain: 0 29.
Consideration to authorize amendment
No. 5 in the amount of $4,000.00 to Crane water distribution lines and
wastewater collection lines in 7 Colonias on Hwy 359. The amendment brings the total contract
amount to $460,517.28. Funding is
available in the Colonias Project Fund. Motion to approve. Moved:
Cm. Garcia Second: Cm. Amaya For:
8 Against: 0 Abstain: 0 30. Authorizing the City Manager to award a
Professional Services Contract to Carter Burgess Inc., development of a conceptual design,
trail alignment and construction plans for the Chacon Creek Hike and Bike Trail
Project, a grant funded project through the Department of Transportation. Funding
is available through the City Council Discretionary Funds. Motion to approve. Moved:
Cm. Garcia Second: Cm. Amaya For:
8 Against: 0 Abstain: 0 31. Refund of property tax in the amount of
$1,938.65 to the following taxpayers: 1.
A refund in the amount of $936.14 payable to William E. Heitkamp due
to an overpayment. Account #662-01950-010. 2.
A refund in the amount of $1,002.51 payable to Wells Fargo LLC., due to an overpayment. Account #989-51001-230. Motion to approve. Moved:
Cm. Garcia Second: Cm. Amaya For:
8 Against: 0 Abstain: 0 32. Consideration to authorize the payment of
the solid waste fee assessed quarterly by the fee based on a per ton basis for all
waste processed (disposed) at the landfill.
This is a recurring annual expense paid on a
quarterly basis. The current rate is
$1.25 per ton which is subject to change by
TCEQ. Approximately 400,000 tons will
be processed during the next twelve (12) month
period which would result in a total payment to TCEQ in the estimated amount of
$500,000.00. Funding is available in
the Solid Waste Fund. Motion to approve. Moved:
Cm. Garcia Second: Cm. Amaya For:
8 Against: 0 Abstain: 0 33. Consideration to exercise the renewal
option for one (1) additional year for contract number FY07-116 awarded to Gutierrez
Machine and Welding Shop, the estimated amount of $140,000.00
for professional welding services for the Department. These services include site repairs to
various water and wastewater treatment plants, lift stations, and
other municipal facilities. The
contract takes into account hourly pay rates; regular,
overtime, holiday, service call, and the cost of materials. Funding is available in the Motion to approve. Moved:
Cm. Garcia Second: Cm. Amaya For:
8 Against: 0 Abstain: 0 34. Consideration to renew contract FY07-024
currently awarded to Rafter P. Transport, and disposal services of wastewater
bio-solids for the available in the Motion to approve. Moved:
Cm. Garcia Second: Cm. Amaya For:
8 Against: 0 Abstain: 0 35. Consideration to award supply contract
numbers FY08-037 to the following bidders: 1.
Leyendecker Materials, 2. City Ready Mix, purchase
of ready mix cement (F.O.B. job site delivered); 3.
Screen Crushed Concrete, 4.
That all bids submitted for flexible base, gravel and sand by
Leyendecker Materials and Gomez Trucking be rejected
because the bidders did not include the required material
test reports or the reports were older than one (1) year. The term of this contract is for one (1)
year period and is subject to availability of funds. All materials are purchased on an as needed
basis utilizing the Department, Motion to approve. Moved:
Cm. Garcia Second: Cm. Amaya For:
8 Against: 0 Abstain: 0 36. Consideration to award contract number
FY08-036 to the following low bidders for providing janitorial supplies; 1.
CC Distributors, 2.
3.
Patria Office Supply, for providing general janitorial
supplies to all City departments. This
contract establishes discount percentage
pricing for those janitorial supplies most commonly utilized by City departments for a one
(1) year period. All items will be
purchased on an as needed basis and funding will be
secured from the users department budget. Motion to approve. Moved:
Cm. Garcia Second: Cm. Amaya For:
8 Against: 0 Abstain: 0 37. Consideration to amend supply contract
number FY07-043 awarded to Leyendecker Materials, purchase of additional asphalt and
black base paving materials. The
revised contract amount will be $1,893,750.00. The estimated amounts of these paving
materials due to an increased project workload. All materials were purchased on an as
needed basis utilizing the Motion to approve. Moved:
Cm. Garcia Second: Cm. Amaya For:
8 Against: 0 Abstain: 0 38. Consideration for approval of change order
no. 2, an increase of $692,671.00 for renovations
of existing dental and clinical spaces including fifteen (15) operatories to the construction contract with
Leyendecker Construction, Inc., Clinical/Laboratory Expansion and
Renovation for the City of Department (CLHD). Current construction contract amount with
this change order increase is $3,364,470.00. Substantial completion date for the project
is Funding is available in the 2007
Contractual of Obligation Bond. The
2008 bonds that will be sold will reimburse the 2007
Bond Issue. Motion to approve. Moved:
Cm. Garcia Second: Cm. Amaya For:
8 Against: 0 Abstain: 0 39. Consideration for approval to award a
Professional Crane the feasibility and design of an 8”
wastewater collection system to provide service to existing structures served by septic
systems, and prepare service for the future expansion of the City of Motion to approve. Moved:
Cm. Garcia Second: Cm. Amaya For:
8 Against: 0 Abstain: 0 40. Consideration for approval to award a
professional services contract to FQR Architects, Inc., Synergy
Structural and specifications for the East Side
Community Recreational Facility.
Design work is to be done on a fast track basis
approximately nine (9) months. Funding
is available in the 2005 C.O. Issue and 2006 C.O.
Issue – Motion to approve. Moved:
Cm. Garcia Second: Cm. Amaya For:
8 Against: 0 Abstain: 0 41. Consideration for approval to award a
construction contract to the lowest bidder Martinez Paving Company, Inc., project is ninety (90) working days
(approximately 4½ months). Funding is
available in the Environmental 2007 Certificate
of Obligation. Motion to approve. Moved:
Cm. Garcia Second: Cm. Amaya For:
8 Against: 0 Abstain: 0 42. Consideration for approval of change order
no. 1 an increase of $7,125.00 for retaining wall required to prevent erosion from
private lots into the sidewalks, acceptance of the CDBG Sidewalks City-Wide Project No.
34 (12 Blocks – District IV) and Project No. 35 (9 Blocks – District V) and
approval of final payment in the amount of $28,327.23 to ALC Construction, LLC., $103,275.00. Funding is available in the Project No. 34 - 31st Action Year and Sidewalk Project No.
35 - 32nd Action Year. Motion to approve. Moved:
Cm. Garcia Second: Cm. Amaya For:
8 Against: 0 Abstain: 0 43. Consideration for approval to award a
Professional Structural exceed $62,950.00 for the design and
preparation of plans and specifications for the Hazardous Material Containment System
Retrofit on the Bridge. Design work will be on a fast track basis
approximately one hundred twenty (120) calendar days. 50% is available in the Bridge
Department Budget. Motion to approve. Moved:
Cm. Garcia Second: Cm. Amaya For:
8 Against: 0 Abstain: 0 44. Consideration for approval to award a
construction contract to the lowest bidder Zertuche Construction, LLC, is available in the District IV Discretionary Funds. Motion to approve. Moved:
Cm. Garcia Second: Cm. Amaya For:
8 Against: 0 Abstain: 0 45. Consideration to ratify an extension to the
contract previously awarded to CALENCE through Services Administrative Company/FCC
for multi-year E-Rate discounts.
Contract extension amount is not to exceed
$92,003.67 and includes $7,097.08 for ineligible or unfounded items and $9,339.73 in
matching funds from the FY08-09 Friends of Library
Fund Budget. Contract award is
contingent on grant allocation. Motion to approve. Moved:
Cm. Garcia Second: Cm. Amaya For:
8 Against: 0 Abstain: 0 46. Consideration to amend the amount of a
professional contract with Martinez Pharmacy to continue providing prescription
services to the The amendment is to increase the total
amount of the contract from $73,697.00 to $117,553.00. Contract term is from available in the State Grants HIV/Ryan
White and the HIV/Health and Social Services account. Motion to approve. Moved:
Cm. Garcia Second: Cm. Amaya For:
8 Against: 0 Abstain: 0 XIII. STAFF REPORTS 47. A. Presentation
regarding the Laredo Development Foundation activities by Roger Creery, LDF Executive Director. Roger Creery, Laredo Development Foundation
Director, made the following presentation. FY 2007-2008 1st Quarter Report Workforce As of December 2007 2006 2007 %
Change) Unemployment ( Avg. Weekly Wage ( Total Jobs (December): 86,700 90,000 +3.8% Average Annual Job
Growth: 5.1% 3.8% Unemployment ( Avg. Weekly Wage ( Total Jobs ( Average Annual Job
Growth: 3.5% 3.1% Unemployment ( Avg. Weekly Wage
(U.S): $784 Total Jobs ( Committed
Projects Investment Jobs Rheem (maq) 1400 NOVAMEX (maq) $30M 200-400 San Antonio National
Bank (new) 30 National Retailers
(multiple locations) (new) $8M 50 Convergys (exp) 100 Topaz Power (exp) $140M 10 Sanmina (exp) 120 Brokers Logistics
(exp) 25 Kuehne-Nagel (exp) 100-120 Daniel B. Hastings
(exp) $5M 10-15 Bosch (exp) $6M 50 Cross Company
Investment (spec) $5M Embarcadero- spec
building (spec) $4.5M SBDC October November December YTD Total Capital
Injection $315,600 $335,600 $615,600
$1.27M Jobs Created 13 9 15 37 Jobs Retained 47 1 1 49 Business Start 4 2 3 9 Business Expansion 5 3 1 9 Active Projects RMB Group (maq) Confidential Steel (exp) Confidential Mfg. –SKD
(new) Best White- Logistics
(exp) CBRE- Phoenix (new) Detroit
Based Logistics Co. (exp) Best White- Automotive
Dist. (new) American Logistics Co. (exp) Best White- Light
Manufacturing (new) Tubing Supply Co.
(new) CBRE- Austin (new) Stream Realty (new) Faith Based
Initiatives (new) International
Restaurants (new) Embarcadero-
Cross-dock Warehouse (new) International
Metal Fabrication (new) Food Distribution
(new) Federal Contract (new) North American
Logistics Co. (exp) Contacts Paint Accessory Mfg. RDI Ltd. Pet Supply Mfg. Luna Lullaby (maq) Landrum-Brown Project Lynx
(aerospace mfg) Richard
Noriega Project Pug (mfg) Mohr Partners Project Green (drug
mfg) Select RS Project Project Wendell (data
center) Project Fridge
(warehouse) Project Ring Tone
(call center) Project Panza (mfg) Project Pontiff (mfg) Development
Projects AW Investment Group Industrial Park Special Activities •
Global Logistics Workshop- Dr. Barry Lawrence •
•
UISD Business Advisory Committee •
LCC Continuing Education Advisory Committee •
TAMIU COBA Advisory Committee •
TAMIU Non-Profit Training Advisory Committee •
Universidad Tecnologica de Nuevo •
SBDC Small Business •
FORUM- Monterrey, MX with LCVB •
Nominated to the U.S. Dept. of Commerce’s U.S./Mexico
Border Export Council •
Los Dos Laredos Business Team •
City of •
Streets of LDF Initiatives •
Certified Retirement Community
Workshop •
P-16 Initiative •
Site Selectors B.
Discussion with possible action regarding setting the minimum
qualifications for the Fire Chief position. Dan
Migura, Human Resources Director, reported that he provided a packet to the City
Council on the research of six index cities and what was determined was that for the Fire Chief position, a
Bachelors degree was required in Fire, Science Business
and Public Administration. He added
that they had a range of 5 to 10 years
of experiences as a fire fighter and they also had 5-6 years of experience at
a supervisory level.
He recommended that they have a Bachelors degree in Fire, Science, Business
Administration and Public Administration and 10 years of fire fighter experience, along
with 7 years experience at a higher level.
Motion
to accept the recommendation with 5 years as Captain or higher or equivalent and with the amendment to include an
advanced firefighter’s certification as
a criteria. Moved: Cm. Garza Second: Cm. Amaya For: 8 Against: 0 Abstain: 0 he asked if Council
could keep the salary open. He added
that he would come back to Council with a recommendation. Motion
to have the salary begin at the minimum and leave it open ended. Moved: Cm. Chavez Second: Cm. Garcia For: 8 Against: 0 Abstain: 0 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 48. Request for executive session pursuant to
Texas Government Code Section 551.072 in order to deliberate the value of a
possible donation of thirty (30) acres for the Rancho Peñitas West Wastewater Treatment
Plant. Motion to go into executive session
pursuant to Texas Government Code Section 551.072 in order to deliberate the
value of a possible donation of thirty (30) acres for the Rancho Peñitas West Wastewater
Treatment Plant. Moved:
Cm. Garza Second: Cm. Amaya For: 8 Against: 0 Abstain: 0 After Executive Session Mayor Salinas
announced that no formal action was taken. XV. RECESS AS THE Motion
to recess as the Laredo City Council and convene as the Laredo Mass Transit Board. Moved: Mayor Pro-Tempore Belmares Second: Cm. Garcia For: 8 Against: 0 Abstain: 0 49. Consideration to award contract FY08-035 to
Laredo Urgent Care, providing occupational medical
services for the El Metro operation.
The term of the contract will be for a period of three
(3) years, with two (2) one (1) year options.
Funding is available in the El Metro
Operations Fund. Motion to approve. Moved:
Mayor Pro- Tempore Belmares Second: Cm. Chavez For: 8 Against: 0 Abstain:
0 50. Consideration to amend the FY07-060 supply
contracts awarded by the Mass Transit Board on the contract totals by 25%. An increase in non warranty repairs will
require the purchase of additional repair and
replacement parts throughout the contract period. Contracts were awarded by item(s) to
the lowest responsible bidder for parts most commonly purchased for non-warranty
repairs. All items will be purchased
on an as needed basis. Funding is available in the El Metro
Operations Fund. Motion to approve. Moved:
Cm. Chavez Second: Mayor Pro-Tempore Belmares For: 8 Against: 0 Abstain: 0 XVI. RECESS AS THE Motion
to adjourn. Time: Moved: Mayor Pro-Tempore Belmares Second: Cm. Garza For: 8 Against: 0 Abstain: 0 |