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CITY OF LAREDO SPECIAL CITY COUNCIL MEETING M2008-SC-02 CITY COUNCIL CHAMBERS 1110 HOUSTON STREET LAREDO, TEXAS 78040 FEBRUARY 25, 2008 12:15 P.M.
I. CALL TO ORDER
With a quorum present Mayor Raul G. Salinas called the meeting to order.
II. PLEDGE OF ALLEGIANCE
Mayor Raul G. Salinas led in the Pledge of Allegiance.
III. ROLL CALL
In attendance:
Raul G. Salinas, Mayor Mike Garza, Council Member, District I Hector Garcia, Council Member, District II Michael Landeck, Council Member, District III Johnny Amaya, Council Member, District IV Johnny Rendon, Council Member, District V Juan Chavez, Council Member, District VII Juan Ramirez, Council Member, District VIII Gustavo Guevara, Jr., City Secretary Carlos Villarreal, City Manager Cynthia Collazo, Deputy City Manager Horacio De Leon, Assistant City Manager Jesus Olivares, Assistant City Manager Raul Casso, City Attorney
Motion to excuse Mayor Pro Tempore Belmares.
Moved: Cm. Garza Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
IV. MINUTES
None.
V. COMMUNICATIONS AND RECOGNITIONS
Recognitions
None.
Communiqués
Mayor Salinas announced that Texas First Lady Anita Perry will visit Laredo to introduce the Texas Historical Commission’s Texas Main Street Project for downtown Laredo which will be held in front of the Rodriguez Building. She will be joined by a contingency of state commissioners and preservation leaders, who will focus on establishing Laredo’s future historic revitalization through strategic development and federal grant monies.
Citizen comments
Ivan Rodriguez spoke in favor of the use of plastic bags. He also encouraged Council to enforce laws prohibiting littering.
VI. APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES
None.
VII. PUBLIC HEARINGS
1. Public hearing providing interested citizens opportunity to comment on the potential environmental impact to the Rancho Peñitas West Wastewater Treatment Plant located off FM 3338 (Las Tiendas Road-Northwest corner of Peñitas) and the revised alignment of the proposed 6” force main. The most recent construction cost for the wastewater collection system is $4,900,000.00. Funding will be provided by the North American Development Bank (NADB).
Motion to open the public hearing.
Moved: Cm. Garza Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
There was no public input
Motion to close the public hearing.
Moved: Cm. Garza Second: Cm. Garcia For: 7 Against: 0 Abstain: 0 2. Public hearing and introductory ordinance authorizing the City Manager to accept payment in the amount of $41,623.00 from the Texas Municipal League Intergovernmental Risk Pool (TMLIRP) as settlement for the replacement of a stolen 2001 Caterpillar Backhoe Loader and to amend the City of Laredo Fiscal Year 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 open the public hearing.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing and introduce.
Moved: Cm. Garza Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
Ordinance Introduction: City Council 3. Public hearing and introductory ordinance amending Section 1 of Ordinance 2007-O- 134 of the City of Laredo and 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 open the public hearing.
Moved: Cm. Garcia Second: Cm. Garza For: 7 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing and introduce.
Moved: Cm. Garza Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
Ordinance Introduction: City Council 4. Public hearing and introductory ordinance 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 April 1, 2008 and ending on March 31, 2009. 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 open the public hearing.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing and introduce.
Moved: Cm. Garza Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
Ordinance Introduction: City Council
5. Public hearing and introductory ordinance amending Chapter 2, Article I of the Code of Ordinances of the City of Laredo, Texas to include subsection (e) under Section 2-3 “Fees for 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.
Motion to open the public hearing.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
Cm. Landeck expressed a concern in establishing a 3% credit card.
Motion to close the public hearing and introduce with the amendment to return to Council after six months of the initiated fee which would allow the Finance Department to review the success/failure rate of the credit card processing fee.
Moved: Cm. Amaya Second: Cm. Garcia For: 7 Against: 0 Abstain: 0
Ordinance Introduction: City Council 6. Public hearing and introductory ordinance authorizing the City Manager to accept a $330,500.00 donation from the Lamar Bruni Vergara Trust and amending the City of Laredo Fiscal Year 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 Laredo.
Motion to open the public hearing.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing and introduce.
Moved: Cm. Amaya Second: Cm. Garza For: 7 Against: 0 Abstain: 0
Ordinance Introduction: City Council 7. Public hearing and introductory ordinance 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 Laredo Fiscal Year 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 February 15, 2008 through August 15, 2008.
Motion to open the public hearing.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing and introduce.
Moved: Cm. Garza Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
Ordinance Introduction: City Council 8. Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lot 1, Block 2, Cuatro Vientos Norte Subdivision Phase 1 located at 3302 Cuatro Vientos Drive, from R-2 (Multi-Family Residential District) to B-1 (Limited Commercial District). The proposed use is office/laundromat. The Planning and Zoning Commission recommended approval. District I
Motion to open the public hearing.
Moved: Cm. Garcia Second: Cm. Garza For: 7 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing and introduce.
Moved: Cm. Garza Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
Ordinance Introduction: Cm. Garza VIII. FINAL READING OF ORDINANCES
Motion to waive the reading of Ordinances # 2008-O-029, # 2008-O-031, # 2008-O-032, # 2008-O-33, # 2008-O-034, # 2008-O-035 and # 2008-O-036.
Moved: Cm. Garza Second: Cm. Garcia For: 7 Against: 0 Abstain: 0 9. 2008-O-029 Establishing guidelines and criteria governing tax abatements by the City of Laredo for Laredo WLE, LP; providing for severability; providing for an effective date and publication.
Motion to adopt Ordinance # 2008-O-029.
Moved: Cm. Garcia Second: Cm. Garza For: 7 Against: 0 Abstain: 0 2008-O-030 Consider a recommendation from the Airport Advisory Committee to approve an Amendment to the Lease Agreement approved by Ordinance No. 91-O-097 dated May 6, 1991, and as amended by Ordinance No. 2000-O-172 dated July 3, 2000, between the City of Laredo, as Lessor, and Barker Aeromotive, Inc., as Lessee, for the southeastern two-thirds of Hangar No. 1309 consisting of approximately 20,078 square feet of hangar space and approximately 1,404 square feet of office space all situated on a 48,051 square foot tract of land. Amending Section 1.03, Rent Obligation, to allow the phasing-in over a five (5) year period the rent adjustment effective July 1, 2006, resulting in total rent reduction of approximately $40,763.95. The annual rent obligation effective July 1, 2006, is calculated as nine percent (9%) increase as opposed to twelve percent (12%) of the appraised value (average of three [3] appraisals) of the leased premises as provided for in the lease agreement, the three percent (3%) difference shall be phased-in over a five (5) year period. The initial annual rent effective July 1, 2006, shall be $40,763.97. All terms and conditions will remain unchanged and in effect; providing for an effective date.
Motion to adopt Ordinance # 2008-O-030.
Moved: Cm. Garcia Second: Cm. Garza For: 7 Against: 0 Abstain: 0
2008-O-031 Consider a recommendation from the Airport Advisory Committee to approve an Amendment to the Lease Agreement approved by Ordinance No. 95-O-156 dated August 8, 1995, between the City of Laredo, as Lessor, and Aero Center, Inc., as Lessee, for a tract of land of approximately 92,192 square feet which includes the approximate 24,818 square feet of hangar and office space known as Hangar No. 182 located at 5203 Maher Avenue at the Laredo International Airport. Amending Section 1.03, Rent Obligation, to allow the phasing-in over a five (5) year period the rent adjustment effective July 1, 2006, resulting in total rent reduction of approximately $52,679.95. The annual rent obligation effective July 1, 2006, is calculated as nine percent (9%) increase as opposed to twelve percent (12%) of the appraised value (average of three [3] appraisals) of the leased premises as provided for in the lease agreement, the three (3) percent difference shall be phased-in over a five (5) year period. The initial annual rent effective July 1, 2006, shall be $52,679.97. All terms and conditions will remain unchanged and in effect; providing for an effective date.
Motion to adopt Ordinance # 2008-O-031.
Moved: Cm. Garcia Second: Cm. Garza For: 7 Against: 0 Abstain: 0 2008-O-032 Consider a recommendation from the Airport Advisory Committee to approve an Amendment to the Lease Agreement dated August 7, 1995, between the City of Laredo, as Lessor, and The Laredo National Bank, as Lessee, amending Section 1.03, Rent Obligation, to allow the phasing-in over a five (5) year period the rent adjustment effective July 1, 2006, resulting in total rent reduction of approximately $81,000.00. The annual rent obligation effective July 1, 2006, is calculated as nine percent (9%) increase as opposed to twelve percent (12%) of the appraised value (average of three [3] appraisals) of the leased premises as provided for in the lease agreement, the three percent (3%) difference shall be phased-in over a five (5) year period. The initial rent effective July 1, 2006, shall be $81,000.00 and approving Lessor’s Consent to an Assignment of Lease dated August 7, 1995, and approved by Ordinance No. 95-O-159 between the City of Laredo and Aero Center, Inc. and subsequently assigned to The Laredo National Bank on July 21, 1997, by Ordinance No. 97-O-151 and now assigning said Lease to Aero Center, Inc. for Hangar No. 142 and Building Nos. 144, 147 and 148 at the Laredo International Airport. All terms and conditions will remain unchanged and in effect; providing for an effective date.
Motion to adopt Ordinance # 2008-O-032.
Moved: Cm. Garcia Second: Cm. Garza For: 7 Against: 0 Abstain: 0 2008-O-033 Amending the Zoning Ordinance (Map) of the City of Laredo by authorizing a Conditional Use Permit for a day care on .32 acres, as further described by metes and bounds in attached Exhibit “A”, located at 2101 Ejido Avenue; providing for an effective date and publication.
Motion to adopt Ordinance # 2008-O-033.
Moved: Cm. Garcia Second: Cm. Garza For: 7 Against: 0 Abstain: 0 2008-O-034 Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning the south ½ of Lot 4, Block 365, Western Division, located at 1807 San Dario Avenue, from B-1 (Limited Commercial District) to B-3 (Community Business District); providing for an effective date and publication.
Motion to adopt Ordinance # 2008-O-034.
Moved: Cm. Garcia Second: Cm. Garza For: 7 Against: 0 Abstain: 0 2008-O-035 Amending the Zoning Ordinance (Map) of the City of Laredo by authorizing a Special Use Permit for mini-storage/warehousing on Lots 4, 5, and the south 116.28 feet of Lot 6, Block 3, McPherson Acres Development Unit I Subdivision, located at 615 Gale Street; providing for an effective date and publication.
Motion to adopt Ordinance # 2008-O-035.
Moved: Cm. Garcia Second: Cm. Garza For: 7 Against: 0 Abstain: 0 2008-O-036 Amending the Zoning Ordinance (Map) of the City of Laredo by authorizing a Conditional Use Permit for an adult day care on Lot 1 and west ½ of Lot 2, Block 829, Eastern Division, located at 1501 E. Musser Street; providing for an effective date and publication.
Motion to adopt Ordinance # 2008-O-036.
Moved: Cm. Garcia Second: Cm. Garza For: 7 Against: 0 Abstain: 0
IX. MOTIONS
10. Awarding a construction contract to CG Construction, Inc. DBA CC Construction, Laredo, Texas, in the estimated amount of $1,393,537.00 for the relocation of the McPherson lift station. The project consists of relocating the existing McPherson lift station, adjusting and relocating force mains, and constructing new gravity sewer main. The construction time is 300 calendar days. Funding is available in the 1998 & 2006 Sewer Revenue Bonds.
Motion to approve.
Moved: Cm. Garza Second: Cm. Amaya For: 7 Against: 0 Abstain: 0 11. Approving Change Order No. 2 to Ramos Industries, Inc., in the amount of $251,000.00 for the construction of the Tanquecitos I Wastewater Collection and Water Distribution Improvements for a total contract amount of $2,027,680.66. This is a Colonias Project funded by the Texas Water Development Board Economic Distressed Areas Program.
Motion to approve.
Moved: Cm. Garza Second: Cm. Amaya For: 7 Against: 0 Abstain: 0 12. Consideration to exercise the renewal option for contract number FY08-022 awarded to HD Supply Waterworks, San Antonio, Texas in the estimated amount of $250,000.00, for the purchase of PVC pipe used by the Utilities Department. The term of this contract will be for sixty (60) days. These materials are purchased on an as needed basis for construction and repair projects. Funding is available in the Utilities Department Budget.
Motion to approve.
Moved: Cm. Garza Second: Cm. Amaya For: 7 Against: 0 Abstain: 0 13. Consideration to award annual contract FY08-040 to Holt Co. of Texas, Laredo, Texas, in the estimated amount of $200,000.00 for the purchase of original equipment manufacturer (OEM) heavy equipment parts and service for the City’s Caterpillar equipment fleet. All parts and services will be secured on an as needed basis. Funding is available in the Fleet Management budget.
Motion to approve.
Moved: Cm. Garza Second: Cm. Amaya For: 7 Against: 0 Abstain: 0 14. Consideration to exercise the renewal option for contract number FY07-045 awarded to the low bidders:
(1.) Al & Rob Sales, Laredo, Texas, in the estimated amount of $88,865.10 for the purchase of uniform trousers, and; (2.) V F Imagewear, Inc., Nashville, TN, in the estimated amount of $79,367.60 for the purchase of uniform shirts for the Police Department. All items will be purchased on an as needed basis. Funding is available in the Police Department budget.
Motion to approve.
Moved: Cm. Garza Second: Cm. Amaya For: 7 Against: 0 Abstain: 0 15. Consideration to award a professional services contract to W. D. Schock Company, Inc. of Nashville, Tennessee, in the amount of $625,473.00, for the provision of residential sound reduction services, as part of the City of Laredo International Airport Noise Compatibility Program to soundproof (53) apartment units located at 3220 Frost Street and 3202 Price Street. Funding for this project is available in the Noise Abatement Fund and the Airport Construction Fund.
Cm. Garcia asked how long is the contract for?
Ronnie Acosta, Community Development Director, advised that it was and 18 month contract.
Cm. Garcia asked what was written on the contract?
Ronnie Acosta replied 54 months.
Motion to approve with an amendment to allow for an 18 month renewable contract and after the 18th month, not to go out for bids again. He requested adding 18 months to renew the contract.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0 16. Authorizing the City Manager to approve a memorandum of understanding between the University of Texas Health Science Center Dental School and City of Laredo Health Department to coordinate and implement enhanced dental care and primary prevention services at the City of Laredo Health Department for the period of March 1, 2008 through August 31, 2008 to be renewed each year thereafter.
Motion to approve.
Moved: Cm. Garza Second: Cm. Garcia For: 7 Against: 0 Abstain: 0 17. Authorizing the City Manager to negotiate the purchase of approximately 30 acres of property for the Rancho Peñitas West Wastewater Treatment Plant. The proposed location is northwest of the Rancho Peñitas West Colonia.
Motion to postpone.
Moved: Cm. Chavez Second: Cm. Amaya For: 7 Against: 0 Abstain: 0 18. Consideration to authorize a contract with Sun Ports, through the BuyBoard Cooperative Purchasing Program’s contract pricing in the total amount of $66,883.28 for the purchase and installation of 3 shade structures along Zacate Creek. Funding is available through District IV Discretionary Funds.
Motion to approve.
Moved: Cm. Garcia Second: Cm. Garza For: 7 Against: 0 Abstain: 0 X. STAFF REPORTS
19. A. Presentation regarding the Laredo Development Foundation activities by Roger Creery, LDF Executive Director.
Motion to postpone.
Moved: Cm. Garza Second: Cm. Garcia For: 7 Against: 0 Abstain: 0
B. City Council discussion with possible action clarifying the Impact Fees Advisory Committee and the newly created Developers Advisory Committee and appointments at such time.
Motion to create an Impact Fees Advisory Committee.
Moved: Cm. Garcia Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
XI. 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.
XII. ADJOURNMENT Supplemental Agenda
I. MOTION
Consideraiton to reschedule the City Council meeting of March 11, 2008 to March 12, 2008. (Co-sponsored Council Member Johnny Amaya and Council Member Juan Chavez)
Motion to move the City Council meeting of March 11, 2008 to March 12, 2008.
Moved: Cm. Garcia Second: Cm. Ramirez For: 7 Against: 0 Abstain: 0
II. 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 orher 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.
III. ADJOURNMENT
Motion: Cm. Garza Second: Cm. Amaya For: 7 Against: 0 Abstain: 0
I, Gustavo Guevara, Jr., City Secretary, do hereby certify that the above and foregoing is a true and correct copy of the minutes contained in pages 01 to 12 and they are true, complete, and correct proceedings of the City Council meeting held on February 25, 2008.
______________________________ Gustavo Guevara, Jr. City Secretary
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