AMENDED

CITY OF LAREDO

CITY COUNCIL MEETING

A-2008-R-09

CITY COUNCIL CHAMBERS

1110 HOUSTON STREET

LAREDO, TEXAS 78040

MAY 5, 2008

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 Dr. David E. Garza for his honorary designation of Fellow from the American College of Osteopathic Family Physicians.

b. Recognition of Mr. Abe Martinez for being named Community Health Systems (CHS) 2007 CEO of the Year.

c. Recognition of Laredo Paint & Decorating, a family-owned paint store in business for 80 years.

d. Recognition of the employees of the quarter.

e. Recognition of employees that retired from the City of Laredo with 20 or more years of service.

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

Appointment by Council Member Hector Garcia of Richard Gentry to the Parks and Recreation Committee.

VII. PUBLIC HEARINGS

1. Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lot 10, Block 97, Western Division, located at 419 Farragut Street, from R-3 (Mixed Residential District) to R-O (Residential/Office District). The Planning and Zoning Commission has recommended approval of the zone change.

2. Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by rezoning all Blocks 488, 488A, 489, 489A, and Lot 1, the west 44.34 feet of Lot 2, the north 55.1 feet and the west 33.3 feet of Lot 7, and all Lot 8, Block 490, Eastern Division, located at 4401 San Francisco Avenue, from MXD (Mixed Use Development District) to B-3 (Community Business District). The Planning and Zoning Commission recommended approval of the zone change.

3. Public hearing and introductory ordinance accepting a supplemental grant awarded and amending the City of Laredo FY 2007-2008 Financial Task Force grant budget by increasing revenues and expenditures in the amount of $15,577.00 for operational expenses awarded by the Office of the National Drug Control Policy (ONDCP) High Intensity Drug Trafficking Area (HIDTA). Funds will be used to pay overtime expenses for The Laredo Financial Narcotics Enforcement Team agents from January 1, 2008 through December 31, 2008.

4. Public hearing and introductory ordinance amending the City of Laredo Health Department Fiscal Year 2007-2008 annual budget by appropriating revenues and expenditures in the amount of $14,513.00 of additional funds from the South Texas Development Council to the Health Department’s HIV/Health & Social Services for a total amount of $137,555.00 from the period of September 1, 2007 through August 31, 2008.

5. Public hearing and introductory ordinance amending the City of Laredo Health Department FY 2007-2008 annual budget by decreasing $111,315.00 in funds due to a realignment of funds from the Texas Department of State Health Services, for a total amount awarded of $181,622.00 which includes an estimated Program Income of $22,814.00 for the prenatal services provided by the Health Department Maternal and Child Health (MCH-Title V Fee-For Services) Program, for the period of September 1, 2007, through August 31, 2008.

6. Public hearing and introductory ordinance authorizing the City Manager to accept a National Network of Libraries of Medicine South Central Region (NN/LM SCR) award in the amount of $5,000.00 and to amend the City of Laredo Friends of the Library Fiscal Year 2007-2008 annual budget by appropriating said funds. This is a cost-reimbursement award.

7. Public hearing and introductory ordinance authorizing the City Manager to accept the 21^st Century Innovation-Library Technology Grant from the Texas Book Festival in the amount of $5,000.00 and amending the City of Laredo Library Fiscal Year 2007-2008 Annual Budget. Funds will be used to purchase four (4) computers to create an e-mail kiosk for the Main Library.

8. Public hearing and introductory ordinance amending Article IX [Swimming Pools] of Chapter 15 Section 144 Number 19 changing the amount of liability insurance from $1,000,000.00 to $500,000.00 and to increment said $500,000.00 annually by $250,000.00 until amount of insurance is no less than $1,000,000.00.

(Recess)

(Press Availability)

VIII. INTRODUCTORY ORDINANCES

9. Authorizing the City Manager to execute a lease agreement with the Boys and Girls Club of Laredo. This agreement authorizes the lease of an unimproved tract of real property (as depicted in the lease agreement in Exhibit “A”), A 44,609 square foot parcel, more or less, out of City of Laredo 20.0177 acre tract of record in Volume 1614, Pages 520 thru 530, Official Public Records of Webb County, Texas, situated in Porcion 22, Abstract 277, in the North Central Park located along International Boulevard, Laredo, Texas, County of Webb. This agreement establishes a fee of $1.00 per annum for a term of forty (40) years.

10. Closing as a public easement that section of the 1900 block of Calton Road between Maher and Thomas Avenues as per the Laredo Airport Plat recorded in Vol. 5, Page 1, Webb County Plat records situated in the City of Laredo, County of Webb, Texas and providing for an effective date.

11. Authorizing the City Manager to grant License Agreement by and between The City of Laredo, Texas and Bestel USA, Inc., dated June 1, 2008 for the use of one (1) innerduct in the Juarez Lincoln Bridge and 1,000 linear feet of right-of-way.

1. Term of the extension shall be for five (5) years commencing at 12:00 am, June 1, 2008 and terminating at 12:00 pm, May 31, 2013. 2. Annual duct fee shall be $20,000.00 and will increase by five percent (5%) every year the license is in place. In addition to the duct fee, Licensee shall pay a six dollar ($6.00) linear foot right-of-way fee, and will increase by five percent (5%) every year.

12. Authorizing the City Manager to execute an Amendment to the Lease Agreement approved on March 1, 1998, by Ordinance No. 99-O-064 between the City of Laredo, as Lessor, and The Laredo National Bank, as Lessee, for the approximate 5,632 square feet constituting Building No. 146 located at 4401 Maher Avenue at the Laredo International Airport. Said Amendment specifically amends Lessee’s name from The Laredo National Bank to Compass Bank, an Alabama banking corporation, and amends Section 1.03, Option to Extend, allowing Lessor and/or Lessee to have the right to terminate the Lease Agreement at any time with or without cause, and without any penalty, upon ninety (90) days prior written notice from the party terminating to the other, and amends Section 1.06, Rent Adjustments Based on Appraisals, wherein Lessor and Lessee agree that the monthly rent shall be $1,860.00 commencing on July 1, 2006, and that such rent be adjusted according to changes in the Consumer Price Index provided for in Section 1.05, Rental Escalation, on July 1, 2007, and annually thereafter. All other terms and conditions of the lease remain unchanged and in effect; providing for an effective date.

IX. FINAL READING OF ORDINANCES

13.

2008-O-085 Authorizing the City Manager to enter into license agreements with local little league associations for the use of playing fields. The valid public purpose agreement authorizes the use of league fields at no fee for a term of three (3) years. The purpose of this agreement is for instituting baseball and softball programs at each site for the benefit of the youth of Laredo.

2008-O-086 Accepting a contribution in the amount of $2,000.00 from the State Farm’s Child Safety Day Clinic Program for the purchase of child safety seats and to amend the Fiscal Year 2007-2008 General Fund Police Budget for said amount in order to provide child safety inspections and replace any that are unsafe. The Laredo Police Department will conduct a child safety seat inspection event that will take place on May 3, 2008 at 4500 San Bernardo Avenue.

2008-O-087 Authorizing the City Manager to accept a $10,050,231.00 grant and a $915,000.00 loan for a total of $10,965,231.00 from the Texas Water Development Board Economically Distressed Areas Program and amending the City of Laredo Fiscal Year 2007-2008 Utilities Department Colonias Fund 451 in the amount of $10,965,231.00 in the form of a grant and loan for the design, construction and installation of water and sewer improvements for the colonias on HWY 359 (Pueblo Nuevo) and Mines Road Area (Los Minerales, Los Minerales Annex, Antonio Santos and Peñitas West) in Laredo and Webb County as approved by the Texas Water Development Board on October 23, 2007, and amending the Utilities Department Colonias Fund 451 by $10,965,231.00 for a total of $27,736,151.00.

2008-O-088 Authorizing the City Manager to execute a Scheduled Airline Operating Agreement and Terminal Building Lease with ExpressJet Airlines, Inc., d/b/a/ Continental Express for exclusive and non-exclusive joint use space located at the Laredo International Airport passenger terminal for the purpose of conducting commercial air transportation services. The term of the agreement is for three (3) years effective January 1, 2008, and ending on December 31, 2010. However, it is agreed by the Parties that this agreement may be terminated by either party without cause on not less than ninety (90) days’ written notice from the party terminating to the other. The monthly rent is $2.50 per enplaned revenue passenger for the first 20,000 enplaned revenue passengers, $2.25 per enplaned revenue passenger for the next 10,000 enplaned revenue passengers, $2.00 per enplaned revenue passenger for next 10,000 enplaned revenue passengers and $1.75 per enplaned revenue passenger for 40,001+ enplaned revenue passengers. The airline’s landing fee obligation shall be $0.75 per thousand pounds Maximum Certificated Gross Landing Weight of the airline’s aircraft; providing for an effective date. (As amended)

2008-O-089 Authorizing the City Manager to execute a Scheduled Airline Operating Agreement and Terminal Building Lease with American Eagle Airlines, Inc., for exclusive and non-exclusive joint use space located at the Laredo International Airport passenger terminal for the purpose of conducting commercial air transportation services. The term of the agreement is for three (3) years effective January 1, 2008, and ending on December 31, 2010. However, it is agreed by the Parties that this agreement may be terminated by either party without cause on not less than ninety (90) days’ written notice from the party terminating to the other. The monthly rent is $2.50 per enplaned revenue passenger for the first 20,000 enplaned revenue passengers, $2.25 per enplaned revenue passenger for the next 10,000 enplaned revenue passengers, $2.00 per enplaned revenue passenger for next 10,000 enplaned revenue passengers and $1.75 per enplaned revenue passenger for 40,001+ enplaned revenue passengers. The airline’s landing fee obligation shall be $0.75 per thousand pounds Maximum Certificated Gross Landing Weight of the airline’s aircraft; providing for an effective date.

2008-O-090 Authorizing the City Manager to execute Supplemental Lease Agreement No. 2 to Lease No. GS-07B-15259 approved by Ordinance No. 2002-O-325 dated December 16, 2002, and as amended by Ordinance No. 2005-O-112 dated May 16, 2005, with General Services Administration for approximately 1,313 square feet constituting office space occupied by the Transportation Security Administration located at 5210 Bob Bullock Loop at the Laredo International Airport. Said Supplemental Lease Agreement No. 2 extends the lease term of one (1) year until November 17, 2008, and revises the monthly rent amount to $3,939.00. All other terms and conditions of lease remain unchanged and in effect; providing for an effective date.

2008-O-091 Ratification of the City Manager’s execution of all necessary documents granting an easement and right-of-way to AEP Texas Central Company for the installation of electrical facilities to serve the City of Laredo Health Department building located at 2600 Cedar Avenue. Said easement and right-of-way being situated in the south one-half of block number 338 and the south one-half of block 339, Eastern Division, City of Laredo, Webb County, Texas, and being depicted on attached Exhibit A; and providing for an effective date. Execution of said easement was necessary due to project timeline.

X. RESOLUTIONS

14. 2008-R-034 Accepting the donation of one (1) utility easement from Rodolfo Morin and Guadalupe Garcia Morin for the Pueblo Nuevo Subdivision Easement Acquisition Project, this being a 0.1020 acre, more or less, parcel of land which is out of Lot 15, Block 19, Pueblo Nuevo Subdivision, recorded in Volume 5, Page 19, Map records, Webb County, Texas; as described by metes and bounds and survey attached as Exhibits A and B.

15. 2008-R-038 Expressing the City of Laredo’s support for Crystle Stewart, Miss Texas USA® 2008, who competed for and won the Miss USA® competition on April 11, 2008. She was crowned with the national title in front of a live audience at the Planet Hollywood Resort & Casino in Las Vegas, Nevada and millions of viewers on NBC. Laredo officially recognizes the dedicated and hard working Miss Stewart as an ambassador for the community, because she has competed in the Miss Texas USA® pageant since it was first hosted by the Gateway City in 2004. Miss USA® 2008 Crystle Stewart will be competing for the Miss Universe® title in Nha Trang, Khanh Hoa, Vietnam. The Miss Universe website indicates that “the glamorous live event, featuring some of the world's most beautiful women, will air from the Crown Convention Center, on NBC and Telemundo July 13, 2008.”

16. 2008-R-039 Confirming the appointment/reappointment for a member of the Fire Fighters’ & Police Officers’ Civil Service Commission of the City of Laredo.

17. 2008-R-040 Authorizing the City Manager to apply for a grant in the amount of $1,646,891.02 from the U.S. Department of Homeland Security (DHS) for Fiscal Year 2007-2008 Operation Stonegarden (OPSG-08). Operation Stonegarden will provide funding to enhance cooperation and coordination between law enforcement agencies in a joint mission to secure the United States borders. Funds will be used to pay overtime and fringe benefits.

18. 2008-R-041 Accepting a grant in the amount of $20,000.00 from the Texas Department of Transportation for enforcement of Vehicle Occupant Protection during the Click it or Ticket Campaign. This grant is for overtime, salaries, including fringe benefits, and is funded 100% by the Texas Department of Transportation.

19. 2008-R-042 The City of Laredo supports the binational effort of City of Laredo, Webb County and Nuevo Laredo, Tamaulipas, Mexico to initiate a month-long festival to celebrate the founding days of Laredo, Texas, which is May 15, 1755 and Nuevo Laredo, Tamaulipas, Mexico, which is June 15, 1848.

XI. MOTIONS

20. Authorizing the City Manager to execute a five (5) year Collective Bargaining Agreement between the City of Laredo and the Laredo Police Officers Association effective October 1, 2007 through September 30, 2012. This contract addresses many issues and contract language clarifications. However, of significance is that upon approval of this contract, all police officers will now be subject to the City of Laredo Drug and Alcohol Policy to include random testing for safety sensitive positions. The contract represents a 4% salary increase over the five (5) year period for all ranks through Captain effective October 1^st over the five (5) year period.  The cost for the first year is estimated at $1,418,421.00.  Funding is available in the General Fund.

21. Consideration to award a billing services contract with Intermedix Technologies, Inc., Houston, Texas and authorizing the City Manager to sign all contract documents. The term of the proposed contract shall be for a term of three (3) years with an option to renew for one (1) additional three (3) year term.

22. Authorizing the award of a contract in the amount of $71,400.00 to Wilbur Smith Associates for the development of a 2010-2035 Metropolitan Transportation Plan (MTP) Update. Funding for the project is available in the Metropolitan Planning Organization (MPO) account using Federal Planning Grant (PL112) funds.

23. Consideration to authorize the purchase of public safety answering (PSAP) equipment from Embarq, Inc., through the Houston Galveston Area Council of Governments (HGAC) contract in the total amount of $177,761.48. The equipment will be used as a live training facility for the region’s 9-1-1 call takers. Funding is available in the 9-1-1 Regional Fund.

24. Authorizing the City Manager to enter into contract FY08-069 for the 2008 Miss Texas USA Pageant:

Section 2.1-Hotel Group I-Contestant Group, to the Holiday Inn Civic Center in the estimated amount of $61,000.00.

Section 2.2-Hotel Group II-TV Production Staff to the SpringHill Suites in the estimated amount of $13,100.00.

Section 2.3 Hotel Group III-Executive Production Staff to the SpringHill Suites in the estimated amount of $9,300.00.

Section 2.4 Hotel Group IV-VIP Group to the Homewood Suites in the estimated amount of $4,000.00.

Section 2.5 Hotel Group V-TV Crew & Cadets to the Americana Inn in the estimated amount of $6,600.00.

Total estimated housing cost is $94,000.00 an increase of approximately $10,900.00/13% over 2007.

Funding is available in the Laredo Convention &Visitors Bureau Budget.

25. Approval for students from the Sister Cities Youth Committee to travel to San Antonio de Areco, Argentina to participate in the Youth Committee Exchange Program and approval of expenditures in the amount of $21,000.00. The program serves as a catalyst for youth advancement through innovative and cross-cultural educational programs with our worldwide sister cities; provides an excellent opportunity for promoting the City of Laredo; enhances Laredo’s international relationships which are vital to Laredo’s livelihood as the largest inland port in the country if not the world. Funds are available in the Sister Cities Youth Committee Account. City Council finds and declares that a valid public purpose will be served by this expenditure.

26. Awarding a construction contract to Price Construction, Ltd., Big Spring, Texas; in the amount of $3,505,167.00 for the Chacon Creek Wastewater Interceptor Phase II. The project consists of approximately 2 miles of sewer line ranging in size from 8” to 30” pipe, manholes, storm water pollution prevention and incidentals. Funding is available in the 1998-A Sewer Bond issue.