CITY OF LAREDO CITY COUNCIL MEETING A-2011-R-20 CITY COUNCIL CHAMBERS 1110 HOUSTON STREET LAREDO, TEXAS NOVEMBER 7, :30 P.M.

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1 CITY OF LAREDO CITY COUNCIL MEETING A-2011-R-20 CITY COUNCIL CHAMBERS 1110 HOUSTON STREET LAREDO, TEXAS NOVEMBER 7, :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) 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. III. IV. PLEDGE OF ALLEGIANCE ROLL CALL MINUTES Approval of the minutes of October 17, 2011 V. COMMUNICATIONS AND RECOGNITIONS Recognitions a. Recognizing Maribel l. Garcia on her 8 th annual participation in the Boston Marathon. b. Recognizing the following South Paw Boxers managed by Andres Rayo Perez: Cesar Paquiadito Castro-Championship Belt Holder Ryan El Alacran Castillo-Championship Belt Holder Francisco El Diabilito Lopez- Championship Belt Holder Abraham Grillito Haunada- Amateur World Champion Communiqués a. Presentation by HEB staff regarding the upcoming 23 rd Annual Feast of Sharing event to be held Sunday, November 20, 2011.

2 b. Presentation and performance by Martin High School Mariachi Band. 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. Appointment by Mayor Raul G. Salinas of Ms. Raquel Sepulveda Juarez replacing Yolanda Castillo on the Commission for Women. b. Appointment by Council Member Esteban Rangel of Mr. Roberto Garza, Jr. to the Civil Service Commission. c. Appointment by Council Member Juan Narvaez of Ms. Ina Poole to the Laredo Commission for Women. d. Appointment by Council Member Juan Narvaez of Mr. Alfredo Juarez to the Civil Service Commission. e. Appointment by Council Member Charlie San Miguel of Ms. Diana Rodriguez to the Laredo Commission for Women. f. Appointment by Council Member Jorge Vera of Ms. Angie Martinez to the Civil Service Commission. g. Appointment by Council Member Cynthia Liendo Espinoza of Ms. Victoria Palacios replacing Gloria Garza on the Laredo Commission for Women. h. Appointment by Council Member Cynthia Liendo Espinoza of Mr. Mike Kazen to the Para Transit Advisory Committee. VII. PUBLIC HEARINGS 1. Individual Public Hearing no. 1 for the unilateral annexation of four (4) tracts of land: Tract 1: Cuatro Vientos Road Tract acres, more or less. Tract 2: Cuatro Vientos Road Tract acres, more or less. Tract 3: Cuatro Vientos Road Tract acres, more or less. Tract 4: Cuatro Vientos Road Tract acres, more or less. for a total of acres, more or less, as described in the attached tract summaries, as required by Section of the Texas Local Government Code. 2

3 2. Public hearing and introductory ordinance amending the Laredo Code of Ordinances, Chapter 19, Motor Vehicles and Traffic, Article I, Section 19-1, definitions, by adding definitions relating to Non-Radioactive Hazardous Material Route (NRHMR) and amending Chapter 19, Motor Vehicle and Traffic, Article XIII, Transportation of Hazardous Materials, by adding: Section Non-Radioactive hazardous material route designated; Section Transporting non-radioactive hazardous material within corporate boundaries of City; Section Mandated permissible routes for local delivery; Section Permissible NRHM roadway route for through traffic; Section Local delivery routes; burden of proof on responsible person to demonstrate best use of highest classification roadways. Section Empty vehicles; Section Placard requirements; Section Unlawful use of prohibited routes; Section Police Department discretion and public safety; Section Emergency response vehicle carrying fuel; Section Prohibited parking and standing; Section Criminal Class C misdemeanor, civil remedy and enforcement; providing for publication and effective date. 3. Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by authorizing a Conditional Use Permit for a child day care on Lot 1 and west ½ of Lot 2, Block 829, Eastern Division, located at 1501 E. Musser Street; providing for publication and effective date. Staff is not in support of the application and the Planning & Zoning Commission recommends denial of the Conditional Use Permit. District III 4. Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by authorizing a Conditional Use Permit for auto sales on Lots 11 and 12, Block 1703, Eastern Division, located at 2802 Laredo Street; providing for publication and effective date. Staff does not support the application and the Planning & Zoning Commission recommends denial of the Conditional Use Permit. District II 5. Individual Public Hearing no. 2 for the unilateral annexation of four (4) tracts of land: Tract 1: Cuatro Vientos Road Tract acres, more or less. Tract 2: Cuatro Vientos Road Tract acres, more or less. Tract 3: Cuatro Vientos Road Tract acres, more or less. 3

4 Tract 4: Cuatro Vientos Road Tract acres, more or less. for a total of acres, more or less, as described in the attached tract summaries, as required by Section of the Texas Local Government Code. (Recess) (Press Availability) VIII. INTRODUCTORY ORDINANCES 6. Authorizing the City of Laredo to use the power of eminent domain to acquire the Lots 3, 4, 5 and 6, Block 2169, Eastern Division for the purpose of the construction of Municipal Park Improvements and related amenities. 7. Authorizing the City of Laredo to use the power of eminent domain to acquire the northeast 1/4 of lot 8, block 1174, Eastern Division for the purpose of the construction of a Municipal Library and related improvements. 8. Amending Chapter 2, Article II, Section 2-15 (b) of the Code Book of Ordinances by providing for the voting powers of the Mayor Pro Tem; amending Ordinances 2011-O-029 to reflect such changes; repealing Ordinances 90-O-101 and 97-O-179; and providing for effective date. IX. FINAL READING OF ORDINANCES O-145 Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning the north 2/3 of Lot 4 and the northeast portion of Lot 3, Block 1020, Eastern Division, located at 3202 S. Buena Vista Avenue, from R-3 (Mixed Residential District) to B-1 (Limited Commercial District); providing for publication and effective date. (AS AMENDED) 2011-O-146 Authorizing the City Manager to approve an amendment to lease agreement dated August 2, 2004 and approved by Ordinance no O-184 and further amended on August 6, 2007 by Ordinance no O-132 between the City of Laredo, as Lessor, and Ronnie Salomon d/b/a Avionics Services International as Lessee for the approximate 5,980 square feet constituting Hangar No located at 4400 Maher Avenue within the Laredo International Airport. The amendment extends the lease ending date from July 31, 2012 to July 31, 2017 and allows for a rental adjustment based on the fair market value of the leased premises effective August 1, All other terms and conditions remain unchanged and in effect; providing for an effective date O-147 Authorizing the City Manager to approve an amendment to a lease agreement dated December 1, 2008 and approved by Ordinance No O-241 between the City of Laredo, as Lessor, and Laredo Aerocenter, Inc., as Lessee for a tract of land consisting of 7,882 square feet. The amendment increases the leased premises from 7,882 square feet to 9,882 4

5 square feet and increases the monthly rental amount from $ to $1,087.02, effective October 1, All other terms and conditions remain unchanged and in effect; providing for an effective date O-148 Authorizing the City Manager to execute a lease with Air Trade Laredo, L.L.C., for approximately acres (85, square feet) of land located at 4700 Maher Avenue and known as Lot No. 1-B-2, Block No. 1 at the Laredo International Airport. Lease term is for twenty (20) years commencing on November 1, 2011, and ending on October 31, 2031, and may be extended for two (2) consecutive ten (10) year terms ending on October 31, Initial rent shall be $2, per month and shall be adjusted annually according to changes in the Consumer Price Index and further adjusted by Fair Market Value appraisal on the 10 th, 20 th, and 30 th anniversaries. Lessor waives Lessee s rental obligation for the initial six (6) months commencing October 1, 2011 and ending on March 31, 2012 of the term of this lease; providing for an effective date. X. RESOLUTIONS R-110 Authorizing the City Manager to execute an inter-governmental Contract with the Laredo Independent School District, as described on attached exhibit A, for and on behalf of the City of Laredo to provide for the installation and shared use of exercise equipment at Ryan Elementary School campus located at 2401 Clark Boulevard. XI. MOTIONS 11. Authorizing the City Manager to amend the 2005 HOME Investment Partnership Program, Community Housing Development Organization (CHDO) Contract with the Laredo-Webb Neighborhood Housing Services (NHS) by amending Section 21, Special Conditions to: 1). Include the HOME Rental affordability regulations and 2). Change the affordability of the project from ten (10) years to twenty (20) years. (Approved by Operations Committee) 12. Consideration to award annual service contract FY to the lowest bidder Star Operations Inc., Corpus Christi, Texas, in the estimated amount of $300,000 for the furnishing of materials, machinery, equipment, labor, and all other services necessary for the maintenance of street lights (not maintained by AEP-CPL) and traffic signal lights throughout the city. The contract includes electrical services for traffic signals and street lights and for installation, construction, and underground work, for new and/or upgraded traffic signals and for the installation and maintenance of street lights. This contract also contains provisions for city departmental electrical service projects and repairs. Funding is available in the Traffic Safety budget. (Tabled by Operations and Finance Committees for full Council consideration with recommended rejection and rebid by Operations Committee). 13. Motion to dissolve the International Trade Blue Ribbon Committee due to having completed its duties. 5

6 14. Recommendation for approval of the City Manager s appointment of Mr. Nathan Bratton as Planning and Zoning Director. XII. CONSENT AGENDA Resolutions and Motions previously brought before Operations and Finance Committees may be approved by City Council categorically EN BLOC. At Council s request, specific items may be withheld from the consent agenda for individual treatment. XII (a) RESOLUTIONS R-109 Authorizing the City Manager to execute an Inter- Governmental Contract and lease agreement with Laredo Independent School District, as described on attached exhibit A, for an on behalf of the City of Laredo to provide for the installation and shared used of a playground module and other amenities at the Santo Niño Elementary School campus located at 2702 Bismark and legally described as all of Blocks 1622, 1623, 1727, and 1728, eastern division. (Approved by Operations & Finance Committees) XII (b) MOTIONS 16. Authorizing the City Manager to seek concurrence from the Texas Department of Transportation (TXDOT) and the Federal Highway Administration (FHWA) on the proposed termination of the Advanced Funding Agreement with TXDOT for the design and construction of the West Laredo Multimodal Trade Corridor Project Phase I (CPL Road) and to reallocate all unexpended available project funds to the Flecha/Las Cruces realignment or Calton Grade Separation Projects, as needed. The project is proposed for termination due to the inability to acquire the necessary right of way. (Approved by Operations & Finance Committees) 17. Authorizing the City Manager to seek concurrence from the Texas Department of Transportation (TXDOT) and the Federal Highway Administration (FHWA) on the proposed termination of the Advanced Funding Agreement with TXDOT for the design of a railroad grade separation over the Kansas City Southern Railroad Crossing on Arkansas Avenue, between Guadalupe and Chihuahua Streets. The project is proposed for termination due to the lack of construction funds. (Approved by Operations & Finance Committees) 18. Authorizing the City Manager to enter into multiple contracts and award 2011 Emergency Shelter Grant funds (ESG) made available by the U.S. 6

7 Department of Housing and Urban Development in the total amounts of (1) $55, to Bethany House for operation of the Bethany House Shelter Complex, (2) $43, to Bethany House to provide Essential Services, (3) $31, to Casa De Misericordia (CASA) for operation of their shelter, and (4) $25, to Catholic Social Services for the provision of Homeless Prevention assistance. (Approved by Operations & Finance Committees) 19. Consideration for approval of the Airport Truck Route Thomas Avenue Extension as complete, approval of change order no. 2 a decrease of $36, for the balance of quantities actually constructed in place, release of retainage and approval of final payment in the amount of $49, to Reim Construction, Inc., Alton, Texas. Final construction contract amount is $442, Funding is available in the Airport Construction Fund. (Approved by Operations & Finance Committees) 20. Consideration for approval of the Improvements to the Former Airport Passenger Terminal (Building No. 104) located at the Laredo International Airport as complete, release of retainage and approval of final payment in the amount of $35, to Zertuche Construction, Inc., Laredo, Texas. Final construction contract amount is $355, Funding is available in the Airport Construction Fund. (Approved by Operations & Finance Committees) 21. Consideration for approval to award a professional services contract to URS Corporation, Dallas, Texas, for an amount not to exceed $386, for design and preparation of plans and specifications for the Laredo International Airport Taxiway F Realignment Taxiway D Reconstruction, and G.A. Apron Reconstruction, Phase 7. Design work is to be on a fast track basis. Funding is available in the Airport Construction Fund. (Approved by Operations & Finance Committees) 22. Consideration for approval to award a professional services contract to Castle Engineering & Testing, LLC, Laredo, Texas, for an amount of $62, to provide laboratory, sampling and testing services of materials for quality assurance for the Laredo International Airport Reconstruction of General Aviation Apron Phase 6 and Realignment of Taxiway F. Contract time is for the duration of the project. Completion date is scheduled for October Funding is available in the Airport Construction Fund, FAA Grant No. 68. (Approved by Operations & Finance Committees) 23. Consideration to exercise the renewal option for FY awarded to Stanbio Laboratory, San Antonio, Texas, in the estimated amount of $73, for the purchase of HemoPoint H2 microcuvettes for the City of Laredo Health Department. This is an annual supply contract that allows for the purchase of microcuvettes on an as needed basis. Funding is available in the Health Department fund. (Approved by Operations & Finance Committees) 24. Consideration to renew contract FY for the purchase of original equipment manufacturer (OEM) parts for the City s fleet vehicles to the low 7

8 bidder Paul Young Chevrolet Co. Inc., Laredo, Texas, in the estimated annual amount of $60, All parts will be purchased on an as needed basis. Funding is available in the Fleet Maintenance budget. (Approved by Operations & Finance Committees) 25. Consideration to renew contract FY to Neuhaus & Co., Weslaco, Texas, in the estimated amount of $35, and RDO Equipment, Laredo, Texas, in the estimated amount of $40, for the purchase of original equipment manufacturer (OEM) parts for the City s lawn maintenance equipment. All parts will be secured on an as needed basis. Funding is available in the Fleet Maintenance budget. (Approved by Operations & Finance Committees) 26. Consideration to award annual service contract FY to the lowest bidder Cantu Electric, Laredo, Texas, in the estimated amount of $56, for the maintenance illumination systems along IH 35, Loop 20, FM 1472 and US Hwy. 83/SH 359 Interchange for a term of one (1) year. The contract vendor will be required to maintain, repair, and/or replace the various appurtenances related to the existing roadway assemblies. Funding is available in the Traffic Safety budget. (Approved by Operations & Finance Committees) 27. Authorizing the City Manager to execute a construction contract to the lowest responsible bidder, Granite Underground Utilities, L.L.C., of Granite Shoals, Texas, in the amount of $344, for the construction of the 12 Water Line Replacement along Gustavus Project. The construction time is ninety (90) working days. Funding is available in the Water Line Rehabilitation Account in the 2009 Utility Bond. (Approved by Operations & Finance Committees) 28. Consideration for approval of change order no. 6, in the amount of $159, to Pepper-Lawson Construction L.P., Katy, Texas, for the Jefferson Street Water Treatment Plant 65-mgd Process and Electrical Upgrade. This change order is required to install Magnetic Flow meters at the existing filters to increase accuracy on the Filter Effluent water being measured at the filter building, and to have larger size piers for the Raw Water Intake crane that was approved on change order no. 4. The total contract amount is at $36,108, Funding is awarded by a grant from the American Recovery and Reinvestment Act subject to Texas Water Development Board approval and Waterworks 2008 Bond. (Approved by Operations & Finance Committees) 29. Consideration for partial release of retainage of 2% in the amount of $277, to CSA Construction, Inc., from Houston, Texas, for the expansion of the North Laredo Wastewater Treatment Plant from million gallons per day to million gallons per day. The plant is in operation, but there are pending punch list items that are being addressed by the general contractor. The contract amount remains the same in the amount of $13,873, Funding is available in the 2000, 2004, 2005, and 2008 Utility Bonds. (Approved by Operations & Finance Committees) 8

9 END OF CONSENT AGENDA ******************************************************************************************** XIII. GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS 30. A. Request by Mayor Raul G. Salinas 1. Discussion with possible action on the enforcement of speed limits, child safety/car seats, and update on cell phone use citations in school zones. 2. Discussion with possible action to support UISD and LISD migrant farm worker children seeking higher educational opportunities (Co-Sponsored by Council Member Mike Garza & Council Member Jorge A. Vera) 3. Status report on the ongoing investigation by the Laredo Police Department regarding the vandalism at City parks, with possible action. B. Request by Council Member Mike Garza 1. Discussion with possible action on establishing a permit for individuals that engage in physical advertising by wearing costumes or displays outside of the place of business for which they work. 2. Discussion with possible action on policy and procedures on concession stands located in all City of Laredo Parks. 3. Discussion with possible action on the use of our park facilities by private organizations collecting registration fees and other charges related to any City of Laredo Parks. C. Request by Council Member Esteban Rangel 1. Discussion with possible action on the creation of a road between Concord Hills and Cuatro Vientos. 2. Discussion with possible action to install a traffic light on Hwy 359 between Las Misiones and Larga Vista Subdivisions. 3. Status report on the Clark Boulevard and Loop 20 Overpass, with possible action. 9

10 4. Discussion with possible action regarding the Chacon Hike and Bike Trail Massive Cleanup Day to be held on Sunday, November 20, D. Request by Council Member Alejandro Alex Perez 1. Discussion with possible action on the Kansas City Southern maintenance and railroad repairs in District Discussion with possible action authorizing City Manager to contract an engineering firm to prepare and submit an application to the TWDB requesting funding under the Board Research and Planning Fund for regional water reuse and implementation plan (Water Reuse Master Plan). 3. Status report on the Santa Rita Water Park, with possible action. 4. Status report on the Canseco building located at 1415 Chihuahua recently acquired by the City, with possible action. E. Request by Council Member Juan Narvaez 1. Presentation regarding the Back to School Backpack Giveaway held Wednesday, October 26, Presentation by Marcus Holliman regarding his recent trip to meet with President Barack Obama in Los Angeles, California. F. Request by Council Member Jorge A. Vera 1. Discussion with possible action to explore the possible modification of the Laredo Coat of Arms logo so as to give the United States flag its proper place of honor. 2. Discussion with possible action to amend the curfew ordinance for school-aged children aged 15 years and under, to provide for a curfew beginning at 10:30 p.m. instead of 12:01 a.m., from Sundays to Thursdays. G. Request by Council Member Cynthia Liendo Espinoza 1. Discussion with possible action regarding the proposed Christmas Parade. (Co-Sponsored by Council Member Esteban Rangel) 2. Discussion with possible action on establishing an Employee Appreciation Week for City employees. (Co-Sponsored by 10

11 Mayor Raul G. Salinas and Council Member Esteban Rangel) XIV. STAFF REPORTS 31. Discussion with possible action to consider a second request for an extension of Injury Leave with pay in accordance with (b) of the Texas Local Government Code for Patrol Officer Jacobo Huerta. 32. 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 Patrol Officer Victor Tijerina. XV. 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 (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. XVI. RECESS AS THE LAREDO CITY COUNCIL AND CONVENE AS THE LAREDO PUBLIC FACILITY CORPORATION a. Approval of the minutes of July 5, b. Presentation by Jim Plummer and Michael Casias, NRP Group, L.L.C., regarding financing for La Terraza at Lomas Del Sur Apartments, with possible action. c. NRP has decided to change the lender and tax credit buyer for La Terraza at Lomas Del Sur resulting in significant savings and more equity for the project. XVII. RECESS AS THE LAREDO PUBLIC FACILITY CORPORATION AND RECONVENE AS THE LAREDO CITY COUNCIL. XVIII. RECESS AS THE LAREDO CITY COUNCIL AND CONVENE AS THE LAREDO MUNICIPAL HOUSING CORPORATION 33. Authorizing the installation of individual water meters at the Jose Flores Duplexes consisting of one hundred forty six (146) housing units, and the assessment of a $100 water meter deposit fee per unit to be paid by the tenant to the Corporation in ten (10) monthly installments of $10.00 each. (Approved by Operations & Finance Committees) XIX. RECESS AS THE LAREDO MUNICIPAL HOUSING CORPORATION AND CONVENE AS THE LAREDO MASS TRANSIT BOARD 11

12 RT-006 Authorizing the acceptance of the U.S. Department of Transportation, Section 5310 Elderly Individuals and Individuals with Disabilities Project Grant Agreement No F7259, for an additional amount of $14, in federal match and an additional $3, local match to be used for preventive maintenance for the El Lift Department for the period of April 12, 2011 through August 31, 2012; and authorizing the City Manager to execute all related documents. (Approved by Operations Committee) XX. ADJOURN AS THE LAREDO MASS TRANSIT BOARD AND RECONVENE AS THE LAREDO CITY COUNCIL AND ADJOURN 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, November 2, 2011 at 6:45 p.m. Gustavo Guevara, Jr. City Secretary 12