CITY OF LAREDO

CITY COUNCIL MEETING

A-2007-R-03

CITY COUNCIL CHAMBERS

1110 HOUSTON STREET

LAREDO, TEXAS 78040

FEBRUARY 5, 2007

5:30 P.M.

DISABILITY ACCESS STATEMENT

Persons with disabilities who plan to attend this meeting and who may need auxiliary aid or services are requested to contact Gustavo Guevara, City Secretary at (956) 791-7308 at least two working days prior to the meeting so that appropriate arrangements can be made.  The accessible entrance and accessible parking spaces are located at City Hall, 1100 Victoria Ave.

Out of consideration for all attendees of the City Council meetings, please turn off all cellular phones and pagers, or place on inaudible signal.  Thank you for your consideration.

I. CALL TO ORDER

II. PLEDGE OF ALLEGIANCE

III. ROLL CALL

IV. MINUTES

V. COMMUNICATIONS AND RECOGNITIONS

Recognitions

a. Recognition of the City of Laredo Sister Cities Youth Committee.

Communiqués

Citizen comments

Citizens are required to fill out a witness card and identify themselves at the microphone.  Comments should be relevant to City business and delivered in a professional manner.  No derogatory remarks will be permitted.  There is a time limit of three minutes per speaker.

VI. APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES

a. Patricia Alvarez, appointed by Council Member Dr. Michael Landeck, to the Laredo Commission for Women.

b. David Cardwell, appointed by Council Member Gene Belmares, to the Library Advisory Board.

VII. GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS

1.

a.

A. Request by Mayor Raul G. Salinas

1. Discussion with possible action regarding street potholes throughout the City.

B. Request by Council Member Mike Garza

1. Discussion with possible action on establishing an ordinance that will assist the Building Department to withhold the issuance of permits to contractors that have not paid subcontractors for their completed work.

2. Discussion with possible action to allow for a split payment program for payment of property taxes.

3. Discussion with possible action on establishing a campaign  to assist Habitat for Humanity of Laredo with the collection of aluminum cans from City buildings for a specified period of three months.

C. Request by Council Member Dr. Michael Landeck

1. Discussion with possible action on developing a Strategic Comprehensive Plan to address the water conservation issues.

D. Request by Council Member Johnny Rendon

1. Discussion with possible action on the streets deteriorated streets in the Lakeside Subdivision, specifically 300 Lake Como Street.

2. Status report on the playground canopies at the Eistetter Park.

3. Discussion with possible action on placing a walkway underneath McPherson Street at the Blas Castañeda Park.

E. Request by Council Member Gene Belmares

1. Discussion with possible action on installing guard rails at Village Boulevard, east of Springfield Street.

2. Discussion with possible action on re-designating streets to be recycled in District VI.

3. Discussion with possible action on implementing a water distribution action plan for summer 2007.

F. Request by Mayor Pro-Tempore Juan Ramirez

1. Report on the Sister Cities Conference and Festival.

2. Discussion with possible action on the opening of Tatangelo walkway.

3. Discussion with possible action on the bad odor at the intersection of Flores Avenue and Zaragoza Street.

4. Discussion with possible action on the location for the water park.

VIII. PUBLIC HEARINGS

2. Public Hearing and Introductory Ordinance authorizing the City Manager to accept a $ 5,000.00 grant from the Laredo Day Break Rotary Club and amend the City of Laredo Fiscal Year 2006-2007 General Fund Annual Budget by appropriating revenues and expenditures in the amount of          $5,000.00 in the form of a donation to purchase trees for the purpose of enhancing two areas adjacent to the Zacate Creek located along Clark and O’kane Streets and in the intersection of Monterrey and Guadalupe Streets respectively.

3. Public hearing and introductory ordinance authorizing the City Manager to execute a lease agreement with Laredo Equities, LLC for the use of Veteran’s Field.  The lease term is for one season beginning on April 1, 2007 and ending on October 1, 2007 a rental rate of $50,000.00 per season or $1.00 per ticket sold per year if the total amount of ticket sales is greater than $50,000.00.  Laredo Equities will also be responsible for all maintenance, utilities and repairs to Veterans Field during the term of the lease as outlined in the lease agreement terms.

4. Public hearing and introductory ordinance amending the City of Laredo Bridge System 2006-2007 Bridge annual budget by appropriating $326,561.00 from the Bridge System Construction fund balance to the Improvements Other than Buildings Account.  Funding will be used for expenses related to the Bridge of the Americas Modification Project “El Portal” and other Bridge related projects.

5. Public hearing and introductory ordinance amending Chapter 32, “Vehicles for Hire”, Article II, Taxicabs, of the Code of Ordinances of the City of Laredo:  specifically Section 32-22 initial application for annual permit, 32-35 application, and Section 32-37 Term and Renewal, providing for severability and for an effective date and publication.

6. Public hearing and introductory ordinance amending the City of Laredo FY 2006-2007 annual budget by increasing revenues and expenditures in the Special Police fund in the amount of $14,877.00. The increase is to reimburse costs for overtime incurred by the Laredo Police Department officers in providing resources for the Weed and Seed Community Building Program.

7. Public hearing and introductory ordinance amending the City of Laredo Fiscal Year 2006-2007 annual budget by increasing the grant award amount by $22,344.00 for a total amount of $110,144.00; and authorizing the City Manager to execute the amendment (Exhibit 1) the HOPWA Program Contract #019-3-06 (07) with the South Texas Development Council increasing the HIV/AIDS Housing Opportunities for Persons with AIDS Project (HOPWA) grant award amount by $22,344.00 for a total amount of $110,144.00 and extending the term by two (2) additional months from January 31, 2007 to March 31, 2007.

8. Public hearing and introductory ordinance amending Section 12-81 Purpose and Schedule of Article IV Fire Prevention Fees of Chapter 12 Fire Prevention & Prevention of the Code of Ordinances to revise and amend the fees for inspection services, and adding the new sprinkler system modification/remodel, new fire alarm system installation, fire alarm modification/remodel, fire alarm connected to sprinkler system, fire alarm panel replacement; and providing for an effective date.

9. Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lots 5 and 6, Block 274, Eastern Division, located at 2019 Marcella Avenue, from R-3 (Mixed Residential District) to R-O (Residential/Office District).  The Planning and Zoning Commission recommended approval of the zone change.  District III                                

10. Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by rezoning 20.82 acres, as further described by metes and bounds in attached Exhibit "A", located on the west side of Highway 83 south of Mangana-Hein Road, from B-3 (Community Business District) to M-1 (Light Manufacturing District).  The Planning and Zoning Commission recommended approval of the zone change.       District III                            

11. Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lots 11 and 12, Block 984, Western Division, located at 3920 Santa Ursula Avenue, from B-3 (Community Business District) to B-4 (Highway Commercial District).  The Planning and Zoning Commission recommended denial of the zone change.   District VII                              

12. Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by rezoning 1.28 acres, as further described by metes and bounds in attached Exhibit “A”, located on the northeast corner of Concord Hills Boulevard and Gage Loop, from R-1A (Single Family Reduced Area District) to B-1 (Limited Commercial District).  The Planning and Zoning Commission recommended denial of the zone change.  District II     

(Recess)

(Press Availability)

IX. FINAL READING OF ORDINANCES 

13.

2007-O-008 Authorizing the City Manager to execute a budget amendment appropriating operating funds from the Federal Transit Administration Grant No. TX 90X706 from Fiscal Year 2005-2006 in the amount $526,487.00 to be used for operating expenses in Fiscal Year 2006-2007 increasing the Federal contribution from $3,700,000.00 to $4,226,487.00 and decreasing the sales tax match for operations from $5,693,440.00 to $5,166,953.00 and amending the Transit Sales Tax Fund by transferring $526,487.00 into Transit Sales Tax Fund by transferring $526,487.00 into Sales Tax Reserve and reducing transfer to operations by $526,487.00.

2007-O-009 Amending the City of Laredo FY 2006-2007 annual budget by decreasing the grant award amount by $66,618.00 due to an 8 month award pending full application from the Texas Department of State Health Services for the Prevention Services for HIV Prevention Project of the City of Laredo Health Department for a total amount of $133,236.00, contract period beginning January 1, 2007, through August 31, 2007, and amending the Full-Time Equivalent positions by deleting one unfilled Community Service Aide position to reallocate funds for other program personnel.

2007-O-010 Amending the City’s Capital Improvement Fund-Los Obispos Remediation Project FY 2006-2007 Budget by appropriating revenues and expenditures in the amount of $36,000.00.  The revenues derive from the settlement agreement between the City of Laredo and Mario Gonzalez, d/b/a MG Builders.

2007-O-011 Authorizing the City Manager to amend the Fiscal Year 2006-2007 budget by allocating the Utility late fees and appropriating revenues and expenses in the amount of $131,290.00 to the Utility Billing Division provided by projected increases in the Utility Late Fees.  Funds will be used to purchase an Automated Interactive Voice Response (IVR) Customer Service System and cover temporary personnel costs for the non-deposit special revenue collection project.

2007-O-012 Amending Ordinance 2004-O-291, which established the rental rates on all multi-family apartment properties acquired through the FAR Part 150 Airport Noise Compatibility Program and managed by the Laredo Municipal Housing Corporation (LMHC) by revising the rental rate structure to ensure the units’ marketability.                   

2007-O-013 Amending Ordinance 2003-O-143, which established the rental rates for the single-family properties purchased through the Laredo International Airport FAR Part 150 Noise Compatibility Program and managed by the Laredo Municipal Housing Corporation by revising the rental rate structure of vacant properties to ensure the marketability of the properties. 

2007-O-014 Amending the Zoning Ordinance (Map) of the City of Laredo by authorizing a Special Use Permit and drilling permit for oil and/or gas extraction on 4 acres, as further described by metes and bounds in attached Exhibit “A”, located east of Interstate Highway 35 south of termination of South Unitec Drive; providing for publication and effective date.  (As amended) 

2007-O-015 Amending the Zoning Ordinance (Map) of the City of Laredo by authorizing a Conditional Use Permit for a child daycare center on Lot 687, Block 41, Del Mar Hills, Section 3, Area “A” Subdivision, located at 804 Eden Lane; providing for publication and effective date.  (As amended) 

2007-O-016 Authorizing the City Manager to enter into a lease agreement by and between the Laredo Transit Management, Inc., and the City of Laredo Department of Community Development for the lease of 6,628 sq.ft. of building space at the Laredo Transit Center located at 1301 Farragut (East), second and third floors (East) for a monthly sum of $4,586.44 for a term of three (3) years commencing on February 1, 2007.  This action is contingent upon the continued availability of funding.

2007-O-017 Amending Ordinance 2006-O-073, Chapter 15 Health and Sanitation, Article VI “No Smoking in Public Places”, of the Code of Ordinances of the City of Laredo, Texas by amending Sections 15-78 through 15-81; “No Smoking in Public Places”, to include declared and approved establishments by the City of Laredo Health Department as providing services solely to patrons ages 21 and older, who have applied and been granted a permit as a 21 years of age and older place of business.  Approved businesses will pay an application and a permit fee to allow smoking.  The ordinance also provides for violations and penalties and enforcement of the policies of this chapter, and for providing severability and an effective date and publication. 

X. RESOLUTIONS

14. 2007-R-003 Declaring the City of Laredo’s intent to work in partnership with Webb County on the construction of a fifth international bridge crossing joining the Mexican State of Tamaulipas and the State of Texas and to be located within the corporate limits of the City of Laredo for the purpose of meeting the needs of the area’s growing populous;  and authorizing the city manager to hold formal discussions with Webb County for the purpose of drafting a memorandum of understanding that will further reflect the intentions of both parties and which will further the best interests of both city and county residents; and rescinding Resolution no. 2002-R-025 and Resolution no. 2004-R-067.

15. 2007-R-005 Declaring the public necessity to utilize the area under IH 35 between Park Street and Sanchez Street as parking area on February 15, 2007, for the Annual Youth Parade and on February 17, 2007 for the Washington’s Birthday Parade and authorizing the City Manager to enter into agreement with Texas Department of Transportation for the use of said property.

16. 2007-R-006 Authorizing the City Manager to submit a grant application and, if awarded, to accept the grant funds from the South Texas Development Council (STDC) in the amount of $37,000.00 with no matching funds.  Funds will be used to buy an industrial grade paper shredder at a cost of $27,000.00, in order that the materials recovery center can recycle paper that has sensitive information, and $10,000.00 to be used to promote and educate the public about recycling.

17. 2007-R-007 Authorizing the City Manager to enter into a license agreement with Valero Logistics Operations, LP, for the location and maintenance of a 6" refined oil products pipeline across Beltway Parkway Street in the City of Laredo, for an initial fee of $290.00, and thereafter an annual fee of $140.00.

18. 2007-R-008 Authorizing the City Manager to execute Contract No. 2007-021970 (Exhibit 1) and accept a grant in the amount of $167,600.00 from the Texas Department of State Health Services for the Tuberculosis Prevention and Control Federal Project of the City of Laredo Health Department for the period beginning January 1, 2007 through December 31, 2007.

19. 2007-R-009 A resolution of the City of Laredo to acknowledge and approve the participation of the Parks and Recreation Department as an active member of the Weed and Seed Steering Committee.  In an effort to prevent and reduce violent crime, drug abuse and gang activity occurrences in our community, the Weed & Seed Steering Committee operates under a U.S. Department of Justice Grant Program administered and funded by the U. S. Attorney’s Office.  The City of Laredo finds it to be in the public interest and benefit to enhance the quality of life of youth at risk through active participation in this program.     

XI. MOTIONS

20. Amending motion approved on December 4, 2006 for the setting of regular City Council meeting dates through March 2007 due to holidays and/or conferences.  The revised meeting dates for March 2007 are March 12, 2007 and March 26, 2007.

21. Authorizing the City Manager to approve payment from the City’s Arena Renewal and Replacement Account for the purchase of tempered and acrylic glass and gaskets in a total amount not to exceed $5,100.00.  Funding is available in the Sports and Community Venue Account.

22. Authorizing the City Manager to grant a public fireworks display permit for the Washington’s Birthday Celebration for February 18, 2007.  The technician for the fireworks display at Life Downs will be Melrose Pyrotechnics, Incorporated.

23. Authorizing the City Manager to include the LCC Sports Complex Projects as part of the City of Laredo Capital Improvement Projects (CIP) and consider assisting with partial funding of these projects.

24. Approve the selection of W.D. Shock Company, Inc., to provide plans and specifications and other related services regarding the Federal Aviation Regulation (FAR) Part 150 Airport Residential Sound Reduction Program, as part of the overall City of Laredo International Airport Noise Compatibility Program.  The program is funded ninety five (95) percent federal and five (5) percent local match.  Funding is available in the Airport Construction Fund.

25. Consideration to authorize the purchase of one rotary cutter, one diesel front mower, and one side discharge mower through the Texas Local Government Purchasing Cooperative Buy  Board contract pricing from Tractor City Uvalde, Texas in the amount of $34,749.35.  This equipment will be assigned to the Airport Department’s ground maintenance operation.  Funding is available in the Airport Department’s budget.

26. Consideration to authorize the purchase of one, full size truck through the Houston Galveston Area Council of Government’s (HGAC) cooperative purchase pricing from Caldwell Country Chevrolet, in the total amount of $25,7770.00.  This truck will be assigned to the Police Department.  Funding is available in the 2003 Public Property Finance Contractual Obligation Bond budget and in the Police Trust Fund.

27. Consideration to award a contract to sole bidder, Koch Corporation of Louisville, Kentucky, in the amount of $736,882.00 for the soundproofing of twenty-seven (27) City owned homes.  This is referred to as Phase IV of the City of Laredo Residential Sound Insulation Program, which is component of the City of Laredo International Airport Noise Compatibility Program.  Funding is available in the Federal Aviation Administration (FAA) Grant #47-Airport Construction Fund.

28. Consideration for approval of acceptance of substantial completion for the City of Laredo Bridge of the Americas Modification Project (El Portal) and release of $500,000.00 from the current retainage of $968,914.99 to the contractor, Leyendecker Construction, Laredo, Texas.  An amount of $468,914.99 is being retained for completion of pending items.  Funding is available in the Bridge System Retainage Restricted Account.

29. Authorizing the selection of Alliance Transportation Group, Inc. as a consultant and authorizing staff to enter into negotiations with the selected consultant for the development of the Safe, Accountable, Flexible, and Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) Compliance Project.  The Metropolitan Planning Organization (MPO) has budgeted $65,039.00 for this project using Federal Planning Grant (PL112) funds. 

30. Authorizing the selection of Kimley-Horn and Associates, Inc. as a consultant and authorizing staff to enter into negotiations with the selected consultant for the development of the Downtown Signalization Study.  The Metropolitan Planning Organization (MPO) has budgeted $250,000.00 for this project using Federal Planning Grant (PL112) funds. 

31. Authorizing the City Manager to amend an existing contract with attorney Bruce Wasinger, from the law firm of Bickerstaff, Heath, Pollan & Caroom, L.L.P., for professional legal services related to the development of the City of Laredo’s secondary water source project by an additional amount of twenty-five thousand dollars ($25,000.00), not to exceed fifty thousand dollars ($50,000.00).  Funding is available in the Utilities Department.

32. Consideration to authorize the purchase of one service truck for the Fleet Maintenance Division, in the total amount of $40,683.00, and four pick up trucks for the Health Department’s Animal Control, in the total amount of $99,237.00, from Philpott Motors, through the Buy Board cooperative purchasing program’s contract pricing.  Funding is available in the Fleet Maintenance Fund and the 2006 Public Property Finance Contractual Obligation bond proceeds.

33. Consideration for approval of change order No. 1 an increase of $32,025.00 for the balance of quantities actually constructed in place, acceptance of approximately 2600 linear feet of 12” PVC gravity sewer line along Calle Del Norte Project and approval of final payment of $68,832.00 to Price Construction, Ltd., Big Springs, Texas.  Final contract amount is $398,186.00.  Funding is available in the Calle Del Norte 12” Sewer Line Project in the Sewer Operating Construction Fund.

34. Consideration for the acceptance of the construction of a block fence at the North Laredo Waste Water Treatment Plant and approval for final payment in the amount of $12,868.73 to Zertuche Construction, LLC, Laredo, Texas.  The final contract amount is $129,500.00 and funding is available in the North Laredo Wastewater Treatment Plant account in the 2004 Sewer Revenue Bond.

35. Authorizing the City Manager to terminate its 2005 Emergency Shelter Grant (ESG) contract with Catholic Social Services of Laredo, Inc., for Homeless Prevention assistance, for the remaining contract balance of $7,771.76 in unexpended funds, and its contract with CSSL for Shelter Operations assistance, for the remaining contract balance of $5,560.09 in unexpended funds.  These changes pertain to 2005 Emergency Shelter Grant Funds which were made available by the U.S. Department of Housing and Urban Development.

36. Consideration to authorize the City Manager to purchase vaccines in the amount $58,600.00 for the 2007-2008 flu season from the Sanofi Pasteur, Inc., the Health Department will utilize the Texas Department of State Health Services’ federal contract pricing with Sanofi Pasteur, Inc., to purchase these vaccines.  Funding is available in Health Department budget.

37. Refund of property tax in the amount of $593.37 to the following taxpayers and companies:

A. A refund in the amount of $593.37 payable to Valuetree Real Estate Services due to an overpayment.  Account #991-00020-240.

b.

XII. STAFF REPORTS

38.

A. Discussion with possible action to consider Police Officer Geraldo Gonzalez’s first request for an extension of injury leave with pay in accordance with 143.073 (b) of the Texas Local Government Code.

B. Presentation of the Fiscal Year 2005-2006 Comprehensive Annual Financial Report (CAFR) prepared by the City of Laredo’s Financial Services Department and audited by the Independent Audit Firm of Garza, Martinez and Company.

C. Presentation by Miguel A. Pescador, Parks Department Director, regarding the Parks Dedication Ordinance, with possible action.

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.

39. Request for Executive Session pursuant to Section 551.071 (1) (A) of the Government Code (Contemplated Litigation) to consult with the City Attorney regarding construction contract with Lassen, Inc., Austin,  Texas, for the construction project known as the Zacate Creek Wastewater Treatment Plat Re-Aeration Tanks Lining Project, and return to open session for possible action.

40. Request for Executive Session pursuant to Texas Government Code Section 551.071 (1) (A) to consult with attorney on the pending eminent domain case of City of Laredo v. Luis Montano, et al, Cause No. 2006CVQ002207C3 in County Court at Law No. 2, Webb County, Texas, and return to open session for possible action.

41. Request for Executive Session pursuant to Texas Government Code 551.074 to deliberate the appointment or employment of the City Manager and to evaluate all twenty (20) applicants, both qualified and unqualified and return to open session for possible action.

Richard Davis*                                  Ofelia Mena        

                        Mark Roath*                                       Jesus Amezcua

                        Larry Deetjen*                                   Steve Bryant

                        Scott Randall*                                    Alexandre Povolotski

                        Oscar Rodriguez*                             Albert Uresti

                        Scott Albert*                                      Herman Middlebrooks

Michael Dyal*                                    Juan Costales

                        Carlos Villarreal*                   Dennis Sparks

Thomas Christi*                                Adan Maldonado

                        Willie Best                                          Arturo Barrera, Jr.

  *Denotes Qualified Applicants

XIV. ADJOURNMENT

This notice was posted at the Municipal Government Offices, 1110 Houston Street, Laredo, Texas, at a place convenient and readily accessible to the public at all times. Said notice was posted on Wednesday, January 31, 2007 at 8:00 p.m.

Gustavo Guevara, Jr.

City Secretary