CITY OF LAREDO CITY COUNCIL MEETING M-2011-R-23 CITY COUNCIL CHAMBERS 1110 HOUSTON STREET LAREDO, TEXAS DECEMBER 19, :30 P.M.

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1 CITY OF LAREDO CITY COUNCIL MEETING M-2011-R-23 CITY COUNCIL CHAMBERS 1110 HOUSTON STREET LAREDO, TEXAS DECEMBER 19, :30 P.M. I. CALL TO ORDER With a quorum present Mayor Salinas called the meeting to order. II. PLEDGE OF ALLEGIANCE Mayor Salinas led in the pledge of allegiance. III. ROLL CALL In attendance: Raul G. Salinas, Mike Garza, Esteban Rangel, Alejandro Perez, Jr. Juan Narvaez, Johnny Rendon, Charlie San Miguel, Jorge A. Vera, Cynthia Liendo Espinoza, Gustavo Guevara, Jr. Carlos Villarreal, Cynthia Collazo, Horacio De Leon, Jesus Olivares, Raul Casso, Mayor Council Member, District I Council Member, District II Council Member, District III Council Member, District IV Council Member, District V Council Member, District VI Council Member, District VII Mayor Pro Tempore, District VIII City Secretary City Manager Deputy City Manager Assistant City Manager Assistant City Manager City Attorney IV. MINUTES Approval of the minutes of December 5, Motion to approve the minutes of December 5, Moved: Mayor Pro Tempore Liendo Espinoza Second: Cm. Rendon For: 8 Against: 8 Abstain: 8

2 V. COMMUNICATIONS AND RECOGNITIONS Recognitions a. Recognizing Constable Rudy Rodriguez for spearheading the Navidad En El Barrio event held December 7-8, 2011 where 15,000 gifts were donated to United Independent School District, Laredo Independent School District and Mirando City School District. Mayor and City Council recognized Rudy Rodriguez with a certificate of appreciation. Communiqués a. Presentation by Constable Rudy Rodriguez on Navidad En El Barrio Event. This item is the same as above. b. Presentation on Christmas Parade and tree lighting. Mayor Pro Tempore Cindy Liendo Espinoza reported that on December 2 nd, they had held this event. She stated that it had been a wonderful event and thanked Daybreak Rotary for donating the tree, and the Parks and Leisure, Traffic Department, Library and Civic Center staff. She showed a video of the event. c. Presentation on the Holiday Bowl. Cm. Vera presented a video. Citizen comments None. VI. APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES a. Appointment by Council Member Charlie San Miguel of Mr. Jerry Castro to the Redistricting Commission. Motion to approve the nomination of Jerry Castro to the Redistricting Commission. Moved: Cm Garza Second: Cm. Vera For: 8 Against: 8 Abstain: 8 VII. PUBLIC HEARINGS 1. Public hearing and introductory ordinance authorizing the ratification of the City Manager to accept and appropriate the City of Laredo Special Police FY budget for $193, supplemental funds under 2008 Operation Stone Garden. 2

3 Funding will be available on a reimbursement basis through the Webb County Sheriff s Office (WCSO). This funding will be used for the purchase of five (5) fully equipped vehicles. (Approved by Operations and Finance Committees) Motion to open the public hearing. Second: Cm. Rendon There was no public input. Motion to close the public hearing and introduce. Second: Cm. Narvaez Ordinance Introduction: City Council 2. Public hearing and introductory ordinance amending the Laredo Code of Ordinances, Chapter 19, motor vehicles and traffic, Article XIII, transportation of hazardous materials, Section , mandated permissible routes for local delivery; and Section , permissible NRHM Roadway Route for through traffic; providing for publication and effective date. Motion to open the public hearing. Moved: Cm. San Miguel Second: Cm. Vera There was no public input. Motion to close the public hearing and introduce. Second: Cm. Vera Ordinance Introduction: City Council 3. Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lots 11 and 12, Block 481, Eastern Division, located at 302 and 304 Eistetter Street, from R-3 (Mixed Residential District) to B- 1 (Limited Commercial District); providing for publication and effective date. Staff supports the application and the Planning and Zoning Commission recommends approval of the Conditional Use Permit. District IV 3

4 Motion to open the public hearing. Second: Cm. Vera There was no public input. Motion to close the public hearing and introduce. Second: Mayor Pro Tempore Liendo Espinoza Ordinance Introduction: Cm. Rendon 4. Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by authorizing a Conditional Use Permit for catering services on Lot 3, Block 445, Eastern Division, located at 307 W. Bustamante Avenue; providing for effective date and publication. Staff supports the application and the Planning and Zoning Commission recommends approval of the Conditional Use Permit. District V Motion to open the public hearing. Second: Mayor Pro Tempore Liendo Espinoza There was no public input. Motion to close the public hearing and introduce. Second: Cm. Vera Ordinance Introduction: Cm. Rendon 5. Public hearing and introductory ordinance amending Ordinance No O-007 authorizing the issuance of a Conditional Use Permit for two mobile homes on Lots 1 through 7, Block 1, Del Mar Hills Subdivision, Section 1, Area B, located at 10 E. Del Mar Boulevard, by extending the expiration date for an additional three (3) years; providing for publication and effective date. Staff supports the application and the Planning and Zoning Commission recommends approval of the Conditional Use Permit. District VI 4

5 Motion to open the public hearing. Moved: Cm. Rangel Second: Mayor Pro Tempore Liendo Espinoza Larry Shaw on behalf of the Sisters of Mary Help explained that this extension referred to the mobile homes that they used for a convent. Motion to close the public hearing and introduce. Moved: Cm. San Miguel Second: Cm. Rangel Ordinance Introduction: Cm. San Miguel 6. Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by rezoning the south 1/3 of Lot 8 and the south 1/3 of the west 1/3 of Lot 7, Block 1606, Eastern Division, located at 2919 South Louisiana Avenue, from R-2 (Multi-Family Residential District) to B-1 (Limited Commercial District); providing for publication and effective date. Staff does not support the application and the Planning and Zoning Commission recommends approval of the Conditional Use Permit. District I Motion to open the public hearing. Second: Mayor Pro Tempore Liendo Espinoza There was no public input. Motion to close the public hearing and introduce as recommended by the Planning and Zoning Commission for a zone change. Second: Cm. Vera Ordinance Introduction: Cm. Garza VIII. INTRODUCTORY ORDINANCES 7. Amending Ordinance 2007-O-097 defining necessary expenses which may be reimbursed to the Mayor and City Council pursuant to Section 2.02 of the City Charter by eliminating the food allowance line item ($500.00/mo.) for each 5

6 councilman, and reallocating those funds for each councilman as follows: adding $250.00/mo. for mileage reimbursement; $ increase for home office reimbursement ($ total upon qualification); and, increasing cell phone reimbursement by $25.00/mo. Ordinance Introduction: City Council IX. FINAL READING OF ORDINANCES Motion to waive the final reading of Ordinances 2011-O-163, 2011-O-164, 2011-O-165, 2011-O-166, 2011-O-167, 2011-O-168, 2011-O-169, 2011-O-170, 2011-O-172, and 2011-O-173. Moved: Mayor Pro Tempore Liendo Espinoza Second: Cm. Rangel O-163 Authorizing the City Manager to accept, execute and appropriate the 2011 Homeland Security Grant Program grant in the FY11-12 General Fund Budget from the Texas Division of Emergency Management in the amount of $88, The use of these funds will be divided in the following manner: $44, for the Fire Department and $44, for the Police Department to be utilized for the purchase of equipment. No matching funds are required. Motion to adopt Ordinance 2011-O O-164 Authorizing the City Manager to accept and execute an Advanced Funding Agreement with the Texas Department of Transportation in the amount of $2,116, including a local participation in the amount of $123, and to amend the FY Capital Grants Fund by appropriating said funds for the proposed construction of the City street extension of Lomas Del Sur Boulevard (Southgate Boulevard) to its intersection with Loop 20 (Cuatro Vientos). Motion to adopt Ordinance 2011-O O-165 Authorizing the City Manager to accept and execute an Advanced Funding Agreement with the Texas Department of Transportation in the amount of $1,877, including a local participation in the 6

7 amount of $110, and to amend the FY Capital Grants Fund by appropriating said funds for the proposed construction of the City street extension of Cielito Lindo Avenue to its intersection with Loop 20 (Cuatro Vientos). Motion to adopt Ordinance 2011-O O-166 Ordinance authorizing the City Manager to accept and execute an Advanced Funding Agreement with the Texas Department of Transportation in the amount of $283, including a local participation in the amount of $16,516.00, and to amend the FY Capital Grants Fund by appropriating said funds for the proposed construction of the City street extension of Los Presidentes to its intersection with Loop 20 (Cuatro Vientos). Motion to adopt Ordinance 2011-O O-167 Altering and extending the boundary limits of the City of Laredo, annexing additional territory consisting of acres, more or less, located along Cuatro Vientos Road from Wormser Road extending south to La Pita Mangana Road, as further described by metes and bounds in Attachment A, specifically Cuatro Vientos Road Tract 1, providing for the effective date of the ordinance, adopting a service plan for the annexed territory, and establishing the initial zoning of R-1 (Single Family Residential District). District I Motion to adopt Ordinance 2011-O O-168 Altering and extending the boundary limits of the City of Laredo, annexing additional territory consisting of acres, more or less, located along Cuatro Vientos Road south of Sierra Vista Boulevard and north of Cielito Lindo Boulevard, as further described by metes and bounds in Attachment A, specifically Cuatro Vientos Road Tract 2, providing for the effective date of the ordinance, adopting a service plan for the annexed territory, and establishing the initial zoning of R-1 (Single Family Residential District). District I 7

8 Motion to adopt Ordinance 2011-O O-169 Altering and extending the boundary limits of the City of Laredo, annexing additional territory consisting of acres, more or less, located along Cuatro Vientos Road south of the proposed Carm Drive, east of US Highway 83, and north of Mangana Hein Road, as further described by metes and bounds in Attachment A, specifically Cuatro Vientos Road Tract 3, providing for the effective date of the ordinance, adopting a service plan for the annexed territory, and establishing the initial zoning of R-1 (Single Family Residential District). District I Motion to adopt Ordinance 2011-O O-170 Altering and extending the boundary limits of the City of Laredo, annexing additional territory consisting of acres, more or less, located south of Mangana Hein Road, east of US Highway 83 and west of the La Presa Colonia, as further described by metes and bounds in Attachment A, specifically Cuatro Vientos Road Tract 4, providing for the effective date of the ordinance, adopting a service plan for the annexed territory, and establishing the initial zoning of R- 1 (Single Family Residential District). District I Motion to adopt Ordinance 2011-O O-171 Amending the Subdivision Ordinance of the City of Laredo by revising Chapter II, Section 2-3.5, Expiration and Extension Period of all Plat Approvals, by amending subsection (g), revising the expiration of plat approval by extending the approval of any plat approved after January 1, 2006, whether preliminary or final to December 31, 2012, if applicable; providing for publication and effective date. Motion to adopt Ordinance 2011-O

9 2011-O-172 Re-adopting guidelines and criteria governing tax abatements by the City of Laredo; providing for severability; providing for an effective date and publication. Motion to adopt Ordinance 2011-O O-173 Amending Ordinance No O-242 in order to reflect changes to other sections of the Code of Ordinance not referenced in 2007-O- 242 when originally passed, and providing for severability and effective date. Motion to adopt Ordinance 2011-O-173. X. MOTIONS 9. Authorizing the City Manager to execute a memorandum of understanding between the Texas Department of Transportation (TXDOT) and the City of Laredo, adopting TXDOT s federally approved Disadvantaged Business Enterprise Program. (Approved by Operations Committee) Motion to approve. Second: Cm. Rangel 10. Authorizing the City Manager to enter into an agreement between Texas Engineering Extension Service/Emergency Services Training Institute (TEEX) and the City of Laredo Fire Department to define the responsibilities for both parties for the educational and instructional activities to be offered to Firefighters, non Firefighter trainees, and out-of-country first responders at the Laredo International Fire/Law Enforcement Training Center. The period of performance under this agreement is specified as the date of the last signature on the Agreement through January 1 st of 2013, unless sooner terminated in accordance with the terms in the agreement. (Approved by Operations Committee) Motion to approve. 9

10 Second: Cm. Rangel 11. Approving monthly adjustments to the tax roll. The amounts to be adjusted for the month of November 2011, represent a decrease of $33, These adjustments are determined by the Webb County Appraisal District and by court orders. Motion to approve. Second: Cm. Rangel XI. CONSENT AGENDA Motion to approve the consent agenda. Second: Cm. Rendon XI (b) MOTIONS 12. Authorize the City Manager to amend the engineering services contract with Dannenbaum Engineering Company, Laredo, Texas in the amount of $138, for a new total amount of $8,349, to provide Value Engineering Services and Coordination for the Raw Water Forebay and Raw Water Pump Station to reduce the construction contract price for the new 20 MGD El Pico Water Treatment Plant in northwest Laredo. Funding is available in the 2008 & 2009 Utility Bond. (Approved by Operations and Finance Committees) 13. Award contract and authorize the City Manager to execute the construction contract to the lowest responsible bidder Qro-Mex Construction Co. Inc., of Granite Shoals, Texas, in the amount of $718, for the construction of the Regency Park Water Line Replacement project. The construction time is one hundred ten (110) working days. Funding is available in the 2011 Water Revenue Bond-Water Line Rehabilitation Project. (Approved by Operations and Finance Committees) 14. Award contract and authorize the City Manager to execute the construction contract to the sole lowest bidder, Merryman Excavation, Inc. of Woodstoc, Ill., in the amount of $299, for Loop 20 Embarcadero Subdivision Sanitary Sewer Crossing (Bore) Project. The Bid consists of one bore and encasement of approximately 431 LF of 8 HDPE sanitary sewer main in 16" steel casing, with a construction time of 60 working days and authorizing the City Manager to execute all related contract documents contingent upon receipt of insurance and bond documents. Funding is available in the 2009 Utility Bond. (Approved by Operations and Finance Committees) 10

11 15. Consideration to award contract FY to the low bidder meeting specifications, Nueces Power Equipment, Corpus Christi, Texas, in the amount of $53, for the purchase of one (1) all terrain pneumatic lift truck (forklift) for the Utilities Department. Funding is available in the Utilities Department Fund. (Approved by Operations and Finance Committees) 16. Consideration to award contract FY to the sole bidder, Standard Cement Material, Houston, Texas, in the amount of $134, for the purchase of one (1) epoxy coating application trailer for the Utilities Department. This equipment will be used for the coating of sewer manholes, and lift station wet wells. Funding is available in the Utilities Department Fund. (Approved by Operations and Finance Committees) 17. Consideration to award contract FY to the low bidders: a. Caldwell Ford, Caldwell, Texas, in the amount of $162, for the purchase of six (6) vehicles, and; b. Philpott Motors, Nederland, Texas, in the amount of $73, for the purchase of four (4) vehicles, and; c. Sam Pack s Five Star Ford, Carrolton, Texas, in the amount of $68, for the purchase of three (3) vehicles. Funding is available from Contractual Obligation bond proceeds and department operational budgets. (Approved by Operations and Finance Committees) 18. Consideration for approval of amendment no. 7, an increase of $30, to the professional services contract with Architectura SA, Inc., San Antonio, Texas, for the Clinical/Laboratory Expansion and Renovation for the City of Laredo Health Department due to the extended construction administration series period of six (6) months beyond the original contract competition date of March 19, 2011 (due to untimely death of construction company s principal). Services during this period included construction coordination, bi-weekly progress meeting, observations visits, multiple punch list reviews, and modification of corrective work. Contractor assisted in corrective action and research for the response to the surety company and for additional extensive corrective inspections and oversight by the architect because of the default of the contractor s and for his significant defective work. Compensation is approved under appendix D in contract. Current engineering contract amount with this amendment is $797, Funding is available in the 2008 Certificate of Obligation Health Complex Phase II. (Approved by Operations and Finance Committees) 19. Consideration to award contract FY for the purchase of recapped tires for the City s fleet vehicles to the low bidder meeting specifications Southern Tire mart, Dallas, Texas, in the estimated annual amount of $161, All recapped tires will be purchased on an as-needed basis. Funding is available in the Fleet Maintenance budget. (Approved by Operations and Finance Committees) 11

12 END OF CONSENT AGENDA XII. GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS 20. A. Request by Council Member Alejandro Alex Perez 1. Discussion with possible action on creating a alternative lighting pilot program around San Agustin walking track designed to save energy, go green, and reduce energy costs. In order to further this end, the pilot program will explore different lighting methods including led lights, solar energy lights, and other options. Traffic Director Roberto Murillo reported that in regards to San Agustin, they had gone out and done a survey. They had seventeen existing wood poles around the campus on the track. He explained that AEP only offered the 150 watt high pressure sodium vapor amber light that they had. He went on to say that the other white metal halite light was 400 watts, which was very high. They were recommending perhaps an upgrade to 250, but not 400 watts. He concluded that there was a seventy-cent difference in cost between the highpressure sodium and the metal halite at 400 watts. 2. Discussion with possible action on prioritizing railroad crossings throughout District III as per Mr. Christopher Roach, Kansas City Southern. Cm. Perez stated that the Kansas City Southern had come down to inspect ten crossings in his district and were very helpful in wanting to replace all twentyfive crossing in the City of Laredo at the rate of one per week. City Manager Carlos Villarreal said that he had received an from Mr. Roach who had already requested five crossings to be repaired, and that they might possibly start with Seymour. 3. Status report with possible action on the $10,000 application Bike Trail grant. Osbaldo Guzman, Parks and Recreation Director, reported that the deadline for the Bike Trail grant was February 29 th, and for the skate park was February 1 st. He added that the Tony Hawk foundation grant was for $25, Status report with possible action regarding a grant application for a skate park from the Tony Hawk foundation. This was discussed together with item #3. B. Request by Council Member Juan Narvaez 1. Presentation on the Christmas En El Barrio event held December 14 & 16, 2011 where gifts were distributed throughout District IV elementary schools. 12

13 Cm. Narvaez thanked Ms. Maria Harrison and the volunteers. He presented a video on the Toy Giveaway of Christmas en el Barrio at the K. Tarver Recreation Center. C. Request by Mayor Pro-Tempore Johnny Rendon 1. Discussion with possible action for the City as well as private employers to consider giving Iraqi Veterans employment opportunities as they return home in accordance with their education, job skills and general job knowledge. (Co- Sponsored by Council Member Charlie San Miguel) Cm. Rendon stated that the reason he placed this item on the agenda was because the Vietnam veterans had not been treated well when they came back from the war, and he wanted to make sure that current veterans were received with open arms. D. Request by Council Member Charlie San Miguel 1. Discussion with possible action regarding drainage issues west of Forest Loop. Cm. San Miguel explained that there was a concern because of the history of flooding in that area. He added that he believed that staff had visited this area of concern. Environmental Services Director Riazul Mia reported that there were some flooding issues there in 2009, and so the city had done some improvements on the detention pond. He explained that the last few times that it had rained, there had been no flooding issues. 2. Discussion with possible action concerning the extension of Kirby Lane. Planning and Zoning Director Nathan Bratton reported that he had several meetings with Roli Ortiz of Killam and they were developing a memorandum of understanding. He added that TxDOT had agreed to donate the asphalt and flexible base, and the city would be doing the construction. He concluded that they would have an agreement ready to go for the first or second Council Meeting in January. E. Request by Council Member Jorge A. Vera 1. Discussion with possible action on land uses under a B-4 Zoning. Cm. Vera stated that he had spoken with Mr. Bratton because he felt that a B-4 zoning was very broad and wanted to have some kind of designation. Planning and Zoning Director Nathan Bratton reported that they were looking at all the different uses of the B-4 and trying to figure out if there were anything included in that zoning that could be looped to the manufacturing or 13

14 industrial zones. He added that the most intense use of this zoning was the bars. F. Request by Council Member Cynthia Liendo Espinoza 1. Discussion with possible action on instructing Public Access to work with 211 to film a series of PSA s highlighting different service agencies throughout the city and working with local media to distribute. Mayor Pro Tem Liendo Espinoza reported that with the tragedy that happened with Ms. Grimmer, perhaps she was not aware of where to go for assistance. She wanted to make sure that if there were someone in need, they would know about the agencies throughout the city that could help them. Motion to allow Public Access to visit with different nonprofit agencies and film a Public Service Announcement to run on Public Access and work with KGNS and KLDO to get those messages out to the entire public. Moved: Mayor Pro Tem Liendo Espinoza Second: Cm. San Miguel 2. Discussion with possible action regarding the naming of the North Central Park swimming pool complex. Mayor Pro Tem Liendo Espinoza stated that she had been contacted by different members of the community about this issue although it was not in her district. Mario Peña reported that he was approached by Mr. Pinzon with a very good suggestion for the naming of this park. Jerry Pinzon stated that he was recommending the name, Reverend Deacon Leonel and Irma San Miguel, since he had known him for fifteen years as a man of character. Motion to approve. Second: Mayor Pro Tem Liendo Espinoza For: 7 Against: 0 Abstain: 1 Cm. San Miguel XIII. STAFF REPORTS 21. Discussion with possible action to consider a first request for an extension of Injury Leave with pay in accordance with (b) of the Texas Local Government Code for Police Lieutenant Jaime Ramon. 14

15 Human Resources Director Dan Migura asked for an extension of 140 working days. Motion to approve the extension of 140 working days. Second: Cm. Rangel XIV. EXECUTIVE SESSION 22. Request for executive session pursuant to Texas Government Code Section (1)(A) to consult with Attorney on pending litigation: City of Laredo V. Pedro Sarmiento; appeal to the Fourth Court of Appeals District of Texas, San Antonio; arising out of Trial Court Cause No. 2010CVF D1; and return to open session for possible action. Motion to go into executive session pursuant to Texas Government Code Section (1)(A) to consult with Attorney on pending litigation: City of Laredo V. Pedro Sarmiento; appeal to the Fourth Court of Appeals District of Texas, San Antonio; arising out of Trial Court Cause No. 2010CVF D1; and return to open session for possible action. Second: Cm. Rangel After Executive Session Mayor Salinas announced that no formal action was taken. Motion to forego the appeal and implement the court order and go with option #1, reclassification, as recommended by staff. Second: Cm. Rendon For: 7 Against: 1 Abstain: 0 Cm. San Miguel XV. RECESS AS THE LAREDO CITY COUNCIL AND CONVENE AS THE LAREDO MASS TRANSIT BOARD Motion to recess as the Laredo City Council and convene as the Laredo Mass Transit Board. Second: Mayor Pro Tem Liendo Espinoza 23. Consideration to award a contract to Central States Health and Welfare Fund for providing group insurances coverage for bargaining union members for a period of 15

16 twelve (12) months commencing January 1, 2012 to December 31, 2012, at the following proposed rates: members $153.10; member +child(ren) $206.20; member + spouse $320.90; and family coverage $ Transit s portion will come from the operating budget. Motion to approve. Second: Cm. Rangel Motion to adjourn as the Laredo Mass Transit Board and reconvene as the Laredo City Council. Moved: Mayor Pro Tempore Liendo Espinoza Second: Cm. Rangel XVI. ADJOURMENT Motion to adjourn. Second: Cm. Rendon 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 16 and they are true, complete, and correct proceedings of the City Council meeting held on December 19 th, Gustavo Guevara, Jr. City Secretary 16