city of laredo city council meeting m-2011 … · appointment by council member cynthia liendo...

CITY OF LAREDOCITY COUNCIL MEETING

M-2011-R-20CITY COUNCIL CHAMBERS

1110 HOUSTON STREETLAREDO, TEXAS 78040

NOVEMBER 7, 20115:30 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, MayorMike Garza Council Member, District IEsteban Rangel, Council Member, District IIAlejandro Perez, Jr. Council Member, District IIIJuan Narvaez, Council Member, District IVJohnny Rendon, Mayor Pro Tempore, District VCharlie San Miguel, Council Member, District VIJorge A. Vera, Council Member, District VIICynthia Liendo Espinoza, Council Member, District VIIIGustavo Guevara, Jr. City SecretaryCarlos Villarreal, City ManagerCynthia Collazo, Deputy City ManagerHoracio De Leon, Assistant City ManagerJesus Olivares, Assistant City ManagerRaul Casso, City Attorney

IV. MINUTES

Approval of the minutes of October 17, 2011

Motion to approve the minutes of October 17, 2011.

Moved: Cm. NarvaezSecond: Cm. San MiguelFor: 8 Against: 0 Abstain: 0

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V. COMMUNICATIONS AND RECOGNITIONS

Recognitions

a. Recognizing Maribel l. Garcia on her 8th annual participation in the Boston Marathon.

Mayor Pro Tem Rendon announced that Ms. Garcia was not able to be present andasked that the recognition be tabled.

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

Mayor Salinas and City Council publicly recognized the boxers and were presentedwith Certificates of Recognition.

Communiqués

a. Presentation by HEB staff regarding the upcoming 23rd Annual “Feast of Sharing”event to be held Sunday, November 20, 2011.

Vilidiana Fernandez and Mike Connors announced that the HEB Feast of Sharingdinner was one of thirty dinners that would be hosted throughout November andDecember. He explained that the dinners were a facet of the company’s Food Bankassistance program. They concluded that they would be inviting 12,000 guests thisyear and would be serving them a hearty meal and that it would be held at the CivicCenter on Sunday, November 20 from 11am through 3pm.

b. Presentation and performance by Martin High School Mariachi Band.

Christina Vasquez asked for financial assistance because the band would be attendinga national competition in San Antonio in December.

Mayor Pro Tem Rendon pledged $200 from his promotional account.

Cm. Liendo Espinoza pledged $200 from her promotional account.

Cm. Narvaez pledged $300 from his promotional account.

Cm. Vera pledged $350 from his promotional account.

Cm. Perez pledged $300 from his promotional account.

Cm. Rangel pledged $350 from his promotional account.

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Cm. Garza pledged $350 from his promotional account.

Cm. San Miguel pledged $350 from his promotional account.

Mayor Salinas pledged $350 from his promotional account.

Citizen comments

Armando Cisneros said that he had been assigned to the Economic DevelopmentCommittee but nothing had happened yet. He added that the Citizen Comments had beenmoved backward on the agenda and that it was common decency to allow citizens whohad signed up to speak to be allowed to do so in the proper order.

Emily Sanchez spoke on items #11 and #18, saying that she was a member of OccupyLaredo and was there in support of funding for homeless shelters and affordable housing.She added that foreclosures had forced some into renting. She said that Occupy Laredowas there because they were bringing awareness to social issues to light. She stated thatthey had submitted permits for the use of a public park but had received no feedback;therefore, they were requesting permission to use North Central Park.

City Attorney Raul Casso stated that eleven requests had been submitted to use NorthCentral Park at night as part of a peaceful demonstration. He added that there was anordinance that closes the parks at 11pm, but the exception was that the director couldmake a call to allow it if permission was asked twenty-four hours before the event inquestion. He concluded saying that the requests had been made ten days ago.

VI. APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES

a. Appointment by Mayor Raul G. Salinas of Ms. Raquel Sepulveda Juarez replacingYolanda Castillo on the Commission for Women.

Motion to confirm the appointment of Ms. Raquel Sepulveda Juarez to replaceYolanda Castillo for the Laredo Commission for Women.

Moved: Cm. GarzaSecond: Cm. NarvaezFor: 8 Against: 0 Abstain: 0

b. Appointment by Council Member Esteban Rangel of Mr. Roberto Garza, Jr. to theCivil Service Commission.

Motion to confirm the appointment Mr. Roberto Garza, Jr. to the Civil ServiceCommission.


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c. Appointment by Council Member Juan Narvaez of Ms. Ina Poole to the LaredoCommission for Women.

Motion to confirm the appointment of Ms. Ina Poole to the Laredo Commission forWomen.


d. Appointment by Council Member Juan Narvaez of Mr. Alfredo Juarez to the CivilService Commission.

Motion to confirm the appointment of Mr. Alfredo Juarez to the Civil ServiceCommission.


e. Appointment by Council Member Charlie San Miguel of Ms. Diana Rodriguez to theLaredo Commission for Women.

Motion to confirm the appointment of Ms. Diana Rodriguez to the LaredoCommission for Women.


f. Appointment by Council Member Jorge Vera of Ms. Angie Martinez to the CivilService Commission.

Motion to confirm the appointment of Ms. Angie Martinez to the Civil ServiceCommission.


g. Appointment by Council Member Cynthia Liendo Espinoza of Ms. Victoria Palaciosreplacing Gloria Garza on the Laredo Commission for Women.

Motion to confirm the appointment of Ms. Victoria Palacios to replace Gloria Garzafor the Laredo Commission for Women.


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h. Appointment by Council Member Cynthia Liendo Espinoza of Mr. Mike Kazen to thePara Transit Advisory Committee.

Motion to confirm the appointment of Mr. Mike Kazen to the Para Transit AdvisoryCommittee.


VII. PUBLIC HEARINGS

1. Individual Public Hearing no. 1 for the unilateral annexation of four (4) tracts ofland:Tract 1: Cuatro Vientos Road Tract 1 – 149.93 acres, more or less. Petitioner:City of Laredo;Tract 2: Cuatro Vientos Road Tract 2 – 53.20 acres, more or less. Petitioner: Cityof Laredo;Tract 3: Cuatro Vientos Road Tract 3 – 669.05 acres, more or less. Petitioner:City of Laredo;Tract 4: Cuatro Vientos Road Tract 4 – 186.34 acres, more or less. Petitioner:City of Laredo;

for a total of 1058.52 acres, more or less, as described in the attached tractsummaries, as required by Section 43.063 of the Texas Local Government Code.

Motion to open the public hearing for Tract #1.

Moved: Cm. GarzaSecond: Cm. PerezFor: 7 Against: 0 Abstain: 0

There was no public input.

Motion to close the public hearing.

Moved: Cm. GarzaSecond: Cm. Liendo EspinozaFor: 8 Against: 0 Abstain: 0


Moved: Cm. RangelSecond: Cm. Liendo EspinozaFor: 7 Against: 0 Abstain: 0


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Moved: Cm. NarvaezSecond: Cm. RangelFor: 7 Against: 0 Abstain: 0


Moved: Cm. GarzaSecond: Cm. RangelFor: 5 Against: 0 Abstain: 0








Moved: Cm. NarvaezSecond: Cm. RangelFor: 5 Against: 0 Abstain: 0

2. Public hearing and introductory ordinance amending the Laredo Code ofOrdinances, Chapter 19, Motor Vehicles and Traffic, Article I, Section 19-1,definitions, by adding definitions relating to Non-Radioactive Hazardous MaterialRoute (NRHMR) and amending Chapter 19, Motor Vehicle and Traffic, ArticleXIII, Transportation of Hazardous Materials, by adding:

Section 19-601- Non-Radioactive hazardous material route designated;Section 19-604- Transporting non-radioactive hazardous material

within corporate boundaries of City;Section 19-605- Mandated permissible routes for local delivery;Section 19-606- Permissible NRHM roadway route for through traffic;Section 19-607- Local delivery routes; burden of proof on responsible

person to demonstrate best use of highest classificationroadways.

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Section 19-608- Empty vehicles;Section 19-609- Placard requirements;Section 19-610- Unlawful use of prohibited routes;Section 19-611- Police Department discretion and public safety;Section 19-612- Emergency response vehicle carrying fuel;Section 19-613- Prohibited parking and standing;Section 19-614- Criminal Class C misdemeanor, civil remedy and

enforcement;providing for publication and effective date.

Motion to open the public hearing.


Cm. San Miguel and Cm. Vera were not present.


Motion to close the public hearing and introduce.


Ordinance Introduction: City Council

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 careon 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 supportof the application and the Planning & Zoning Commission recommends denial ofthe Conditional Use Permit. District III


Moved: Cm. GarzaSecond: Cm. PerezFor: 8 Against: 0 Abstain: 0

Planning and Zoning Director Nathan Bratton mentioned that the applicant, BlancaBustos, had submitted a letter asking that this item be tabled.

Carmela Alaniz of 2020 Seymour reported that before the matter had beenconsidered by the Planning and Zoning Commission, the occupants of 1501 E.Musser began to transform the premises with paint, landscaping and advertising fora future opening of a child day care center. She added that the Planning and

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Zoning staff and the Planning and Zoning Commission agreed that the permitshould be denied; however, the occupant appealed the decision. She went on to saythat the residents of the area present at this Council meeting were requesting thatthe Conditional Use Permit application be denied. She listed their reasons as being,first of all, that a day care center in this area did not promote the land use pattern ofthe surrounding properties; secondly, that the business would only add to thedensity of pedestrian and vehicular traffic in the area; thirdly, that lack of parkingwould impact the drop off and pick up of thirty children; and lastly, that a child daycare center was best suited for an area that was zoned accordingly.

Motion to close the public hearing and deny the Conditional Use Permit request.

Moved: Cm. RangelSecond: Cm. VeraFor: 8 Against: 0 Abstain: 0

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 onLots 11 and 12, Block 1703, Eastern Division, located at 2802 Laredo Street;providing for publication and effective date. Staff does not support the applicationand the Planning & Zoning Commission recommends denial of the Conditional UsePermit. District II



Ron Whitehawk, representing the applicants, stated that the property was locatedon the corner of Arkansas and Laredo and was comprised of two lots. Heexplained that presently on the lot closest to the corner there was a dilapidatedhouse that was recently purchased by the applicants in order to place a used car loton the property. He went on to say that the current zoning was R-3 and so theywere requesting a conditional use permit rather than a B-3 zone change. Heconcluded that they had approached the neighbors and submitted a petition to theCity Secretary showing that they had no objection to this proposed use since thepermit would only allow a used car lot.

Motion to close the public hearing and table.

Moved: Cm. RangelSecond: Cm. GarzaFor: 7 Against: 0 Abstain: 0

Mayor Pro Tem Rendon was chairing the meeting.

Motion to revisit the item.

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Moved: Cm. San MiguelSecond: Cm. RangelFor: 6 Against: 1 Abstain: 0

Cm. Garza

Motion to table until the next meeting.

Moved: Cm. GarzaSecond: Cm. VeraFor: 7 Against: 0 Abstain: 0

5. Individual Public Hearing no. 2 for the unilateral annexation of four (4) tracts ofland:

Tract 1: Cuatro Vientos Road Tract 1 – 149.93 acres, more or less. Petitioner:City of Laredo;Tract 2: Cuatro Vientos Road Tract 2 – 53.20 acres, more or less. Petitioner: Cityof Laredo;Tract 3: Cuatro Vientos Road Tract 3 – 669.05 acres, more or less. Petitioner:City of Laredo;Tract 4: Cuatro Vientos Road Tract 4 – 186.34 acres, more or less. Petitioner:City of Laredo;

for a total of 1058.52 acres, more or less, as described in the attached tractsummaries, as required by Section 43.063 of the Texas Local Government Code.









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Moved: Cm. RangelSecond: Cm. GarzaFor: 8 Against: 0 Abstain: 0





Moved: Cm. RangelSecond: Cm. San MiguelFor: 8 Against: 0 Abstain: 0

VIII. INTRODUCTORY ORDINANCES

6. Authorizing the City of Laredo to use the power of eminent domain to acquire theLots 3, 4, 5 and 6, Block 2169, Eastern Division for the purpose of the constructionof Municipal Park Improvements and related amenities.


7. Authorizing the City of Laredo to use the power of eminent domain to acquire thenortheast 1/4 of lot 8, block 1174, Eastern Division for the purpose of theconstruction of a Municipal Library and related improvements.


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8. Amending Chapter 2, Article II, Section 2-15 (b) of the Code Book of Ordinancesby providing for the voting powers of the Mayor Pro Tem; amending Ordinances2011-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

Motion to waive the final reading of ordinances 2011-O-145, 2011-O-146, 2011-O-147and 2011-O-148.


9. 2011-O-145 Amending the Zoning Ordinance (Map) of the City of Laredo byrezoning the north 2/3 of Lot 4 and the northeast portion of Lot 3,Block 1020, Eastern Division, located at 3202 S. Buena VistaAvenue, from R-3 (Mixed Residential District) to B-1 (LimitedCommercial District); providing for publication and effective date.(AS AMENDED)

Motion to approve Ordinance 2011-O-145.


2011-O-146 Authorizing the City Manager to approve an amendment to leaseagreement dated August 2, 2004 and approved by Ordinance no.2004-O-184 and further amended on August 6, 2007 by Ordinanceno. 2007-O-132 between the City of Laredo, as Lessor, and RonnieSalomon d/b/a Avionics Services International as Lessee for theapproximate 5,980 square feet constituting Hangar No. 1307 locatedat 4400 Maher Avenue within the Laredo International Airport. Theamendment extends the lease ending date from July 31, 2012 to July31, 2017 and allows for a rental adjustment based on the fair marketvalue of the leased premises effective August 1, 2012. All otherterms and conditions remain unchanged and in effect; providing foran effective date.



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2011-O-147 Authorizing the City Manager to approve an amendment to a leaseagreement dated December 1, 2008 and approved by Ordinance No.2008-O-241 between the City of Laredo, as Lessor, and LaredoAerocenter, Inc., as Lessee for a tract of land consisting of 7,882square feet. The amendment increases the leased premises from7,882 square feet to 9,882 square feet and increases the monthlyrental amount from $867.24 to $1,087.02, effective October 1, 2011.All other terms and conditions remain unchanged and in effect;providing for an effective date.



2011-O-148 Authorizing the City Manager to execute a lease with Air TradeLaredo, L.L.C., for approximately 1.973 acres (85,930.81 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 fortwenty (20) years commencing on November 1, 2011, and ending onOctober 31, 2031, and may be extended for two (2) consecutive ten(10) year terms ending on October 31, 2051. Initial rent shall be$2,610.00 per month and shall be adjusted annually according tochanges in the Consumer Price Index and further adjusted by FairMarket Value appraisal on the 10th, 20th, and 30th anniversaries.Lessor waives Lessee’s rental obligation for the initial six (6) monthscommencing October 1, 2011 and ending on March 31, 2012 of theterm of this lease; providing for an effective date.



X. RESOLUTIONS

10. 2011-R-110 Authorizing the City Manager to execute an inter-GovernmentalContract with the Laredo Independent School District, as describedon attached exhibit “A”, for and on behalf of the City of Laredo toprovide for the installation and shared use of exercise equipment atRyan Elementary School campus located at 2401 Clark Boulevard.

Motion to approve Resolution 2011-R-110.


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XI. MOTIONS

11. Authorizing the City Manager to amend the 2005 HOME Investment PartnershipProgram, Community Housing Development Organization (CHDO) Contract withthe Laredo-Webb Neighborhood Housing Services (NHS) by amending Section 21,Special Conditions to: 1). Include the HOME Rental affordability regulations and2). Change the affordability of the project from ten (10) years to twenty (20) years.(Approved by Operations Committee)

Motion to approve.



12. Consideration to award annual service contract FY12-013 to the lowest bidder StarOperations Inc., Corpus Christi, Texas, in the estimated amount of $300,000 for thefurnishing of materials, machinery, equipment, labor, and all other servicesnecessary for the maintenance of street lights (not maintained by AEP-CPL) andtraffic signal lights throughout the city. The contract includes electrical services fortraffic signals and street lights and for installation, construction, and undergroundwork, for new and/or upgraded traffic signals and for the installation andmaintenance of street lights. This contract also contains provisions for citydepartmental electrical service projects and repairs. Funding is available in theTraffic Safety budget. (Tabled by Operations and Finance Committees for fullCouncil consideration with recommended rejection and rebid by OperationsCommittee).

Motion to approve.

Moved: Cm. Liendo EspinozaSecond: Cm. RangelFor: 8 Against: 0 Abstain: 0

Motion to revisit.

Moved: Cm. Liendo EspinozaSecond: Cm. RangelFor: 8 Against: 0 Abstain: 0

Mr. Gaylan Chaplan with Star Operations explained that they were the low bidderon this job. He wished to know why it was being tabled by the Operations andFinance Committees for rejection, but upon learning that it was approved hewithdrew.

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13. Motion to dissolve the International Trade Blue Ribbon Committee due to havingcompleted its duties.

Motion to approve.


14. Recommendation for approval of the City Manager’s appointment of Mr. NathanBratton as Planning and Zoning Director.

Motion to approve.


XII. CONSENT AGENDA

Motion to approve consent agenda.


XII (a) RESOLUTIONS

15. 2011-R-109 Authorizing the City Manager to execute an Inter-GovernmentalContract and lease agreement with Laredo Independent SchoolDistrict, as described on attached exhibit “A”, for an on behalf of theCity of Laredo to provide for the installation and shared used of aplayground module and other amenities at the Santo Niño ElementarySchool campus located at 2702 Bismark and legally described as allof Blocks 1622, 1623, 1727, and 1728, eastern division. (Approvedby Operations & Finance Committees)

XII (b) MOTIONS

16. Authorizing the City Manager to seek concurrence from the Texas Department ofTransportation (TXDOT) and the Federal Highway Administration (FHWA) on theproposed termination of the Advanced Funding Agreement with TXDOT for thedesign and construction of the West Laredo Multimodal Trade Corridor Project—Phase I (CPL Road) and to reallocate all unexpended available project funds to theFlecha/Las Cruces realignment or Calton Grade Separation Projects, as needed.The project is proposed for termination due to the inability to acquire the necessaryright of way. (Approved by Operations & Finance Committees)

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17. Authorizing the City Manager to seek concurrence from the Texas Department ofTransportation (TXDOT) and the Federal Highway Administration (FHWA) on theproposed termination of the Advanced Funding Agreement with TXDOT for thedesign of a railroad grade separation over the Kansas City Southern RailroadCrossing on Arkansas Avenue, between Guadalupe and Chihuahua Streets. Theproject is proposed for termination due to the lack of construction funds. (Approvedby Operations & Finance Committees)

18. Authorizing the City Manager to enter into multiple contracts and award 2011Emergency Shelter Grant funds (ESG) made available by the U.S. Department ofHousing and Urban Development in the total amounts of (1) $55,934.00 to BethanyHouse for operation of the Bethany House Shelter Complex, (2) $43,548.00 toBethany House to provide Essential Services, (3) $31,700.00 to Casa DeMisericordia (CASA) for operation of their shelter, and (4) $25,000.00 to CatholicSocial Services for the provision of Homeless Prevention assistance. (Approved byOperations & Finance Committees)

19. Consideration for approval of the Airport Truck Route – Thomas AvenueExtension as complete, approval of change order no. 2 a decrease of $36,305.14 forthe balance of quantities actually constructed in place, release of retainage andapproval of final payment in the amount of $49,231.99 to Reim Construction, Inc.,Alton, Texas. Final construction contract amount is $442,911.16. Funding isavailable in the Airport Construction Fund. (Approved by Operations & FinanceCommittees)

20. Consideration for approval of the Improvements to the Former Airport PassengerTerminal (Building No. 104) located at the Laredo International Airport ascomplete, release of retainage and approval of final payment in the amount of$35,531.00 to Zertuche Construction, Inc., Laredo, Texas. Final constructioncontract amount is $355,310.00. Funding is available in the Airport ConstructionFund. (Approved by Operations & Finance Committees)

21. Consideration for approval to award a professional services contract to URSCorporation, Dallas, Texas, for an amount not to exceed $386,193.41 for designand preparation of plans and specifications for the Laredo International AirportTaxiway F Realignment Taxiway D Reconstruction, and G.A. ApronReconstruction, Phase 7. Design work is to be on a fast track basis. Funding isavailable in the Airport Construction Fund. (Approved by Operations & FinanceCommittees)

22. Consideration for approval to award a professional services contract to CastleEngineering & Testing, LLC, Laredo, Texas, for an amount of $62,875.00 toprovide laboratory, sampling and testing services of materials for quality assurancefor the Laredo International Airport Reconstruction of General Aviation ApronPhase 6 and Realignment of Taxiway F. Contract time is for the duration of theproject. Completion date is scheduled for October 2012. Funding is available inthe Airport Construction Fund, FAA Grant No. 68. (Approved by Operations &Finance Committees)

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23. Consideration to exercise the renewal option for FY10-004 awarded to StanbioLaboratory, San Antonio, Texas, in the estimated amount of $73,000.00 for thepurchase of HemoPoint H2 microcuvettes for the City of Laredo HealthDepartment. This is an annual supply contract that allows for the purchase ofmicrocuvettes on an as needed basis. Funding is available in the HealthDepartment fund. (Approved by Operations & Finance Committees)

24. Consideration to renew contract FY10-097 for the purchase of original equipmentmanufacturer (OEM) parts for the City’s fleet vehicles to the low bidder PaulYoung Chevrolet Co. Inc., Laredo, Texas, in the estimated annual amount of$60,000.00. All parts will be purchased on an as needed basis. Funding isavailable in the Fleet Maintenance budget. (Approved by Operations & FinanceCommittees)

25. Consideration to renew contract FY11-009 to Neuhaus & Co., Weslaco, Texas, inthe estimated amount of $35,000.00 and RDO Equipment, Laredo, Texas, in theestimated amount of $40,000.00 for the purchase of original equipmentmanufacturer (OEM) parts for the City’s lawn maintenance equipment. All partswill be secured on an as needed basis. Funding is available in the FleetMaintenance budget. (Approved by Operations & Finance Committees)

26. Consideration to award annual service contract FY12-012 to the lowest bidderCantu Electric, Laredo, Texas, in the estimated amount of $56,295.00 for themaintenance 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 berequired to maintain, repair, and/or replace the various appurtenances related to theexisting 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 lowestresponsible bidder, Granite Underground Utilities, L.L.C., of Granite Shoals,Texas, in the amount of $344,720.00 for the construction of the 12” Water LineReplacement along Gustavus Project. The construction time is ninety (90) workingdays. Funding is available in the Water Line Rehabilitation Account in the 2009Utility Bond. (Approved by Operations & Finance Committees)

28. Consideration for approval of change order no. 6, in the amount of $159,577.00 toPepper-Lawson Construction L.P., Katy, Texas, for the Jefferson Street WaterTreatment Plant 65-mgd Process and Electrical Upgrade. This change order isrequired to install Magnetic Flow meters at the existing filters to increase accuracyon the Filter Effluent water being measured at the filter building, and to have largersize piers for the Raw Water Intake crane that was approved on change order no. 4.The total contract amount is at $36,108,048.54. Funding is awarded by a grantfrom the American Recovery and Reinvestment Act subject to Texas WaterDevelopment Board approval and Waterworks 2008 Bond. (Approved byOperations & Finance Committees)

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29. Consideration for partial release of retainage of 2% in the amount of $277,469.20to CSA Construction, Inc., from Houston, Texas, for the expansion of the NorthLaredo Wastewater Treatment Plant from 0.926 million gallons per day to 2.926million gallons per day. The plant is in operation, but there are pending punch listitems that are being addressed by the general contractor. The contract amountremains the same in the amount of $13,873,460.00. Funding is available in the2000, 2004, 2005, and 2008 Utility Bonds. (Approved by Operations & FinanceCommittees)

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, childsafety/car seats, and update on cell phone use citations in school zones.

Mayor Salinas said that he would like to have an update on cell phone usage inschool zones. He also mentioned a concern that he had seen a woman drivingwith a baby on her lap. He said that he had seen an increase of these violationsin his area.

Police Chief Carlos Maldonado reported that, since January to date, there hadbeen 1,016 citations for child seat belt violations; 6,203 citations for speedingviolations; 171 citations for school zone cell phone usage; 1,114 citations forvehicle towing due to lack of liability insurance; and 5,058 citations issuedfailure to maintain financial responsibility. He added that they had beencoordinating enforcement efforts with UISD and LISD school districts.

2. Discussion with possible action to support UISD and LISD migrant farmworker children seeking higher educational opportunities (Co-Sponsored byCouncil Member Mike Garza & Council Member Jorge A. Vera)

Motion to table.


3. Status report on the ongoing investigation by the Laredo Police Departmentregarding the vandalism at City parks, with possible action.

Police Chief Carlos Maldonado reported that they would continue to provide asmuch support as they could, but their unit was doing their best. He explainedthat they had partnered with the Border Patrol at parks along the river. Hementioned that they had checked some surveillance cameras that weremisaligned and those were now repaired. He added that the other issue was

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distance and clarity, and now that it was dark sooner, the resolution in thecameras were not that great. He concluded that they were augmenting theirtechnology and asked for the help of the citizens of Laredo to let them knowwhat they saw with as much detail as possible.

Cm. Rangel suggested that they could approve some overtime and have morepolice officers work extra time to help patrol the parks.

Cm. San Miguel suggested incorporating bike patrol since he felt that it wasvery effective.

B. Request by Council Member Mike Garza

1. Discussion with possible action on establishing a permit for individuals thatengage in physical advertising by wearing costumes or displays outside of theplace of business for which they work.

Cm. Garza stated that we all knew that what was meant here was the drive-through establishments. He felt that enforcement was not working because hewas still receiving calls every week although none of these establishments werein his district. He was asking if there was something else to consider to putmore teeth to the ordinance. He was proposing that those who worked outsidethe establishment would have to get a permit on a daily basis so that it wouldbecome very expensive and generate a lot of revenue for the city.

City Manager Carlos Villarreal said that he wished that he could give thembetter news, but if the area was zoned correctly, they could not deny a permitfor the business there. He went on to say that he had spoken with the CityAttorney about this matter and they would look into it. He concluded that theycould not bring about actions to circumvent the state law.

Motion to instruct the City Manager to look into legal remedies and come backwith some options to establish a permit for individuals that engage in physicaladvertising.

Moved: Cm. GarzaSecond: Cm. San Miguel

No voting took place.

2. Discussion with possible action on policy and procedures on concession standslocated in all City of Laredo Parks.

Cm. Garza stated that there would be two new concession stands at one of hisnew parks coming up, and he found that the policy and procedures for this wasdifferent than what he had originally thought.

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Assistant City Manager Horacio de Leon reported that the Parks and LeisureServices Department did have a policies and procedures manual for the use ofconcession stands. He explained that the way it worked was in the case ofindependence, if they had a baseball field with a concession then the league thatwould use the field for the season had the right to operate the concession. Hewent on to say that they would stipulate that in the yearly contracts. He addedthat they required general liability insurance. He went on to say that when theyhad adults playing, then they put the concessions out for proposals and hadvendors come in and apply.

Cm. Garza asked to be provided with a copy of the ordinance containing thepolicies and procedures on concessions in the parks. He also wanted to makesure that all leagues were in compliance.

City Manager Carlos Villarreal said that he would take a look at the ordinanceand bring it back with certain recommendations so that there would be astandard procedure that applies to everyone.

Cm. Garza asked that that the overall procedure including nonprofitconcessions be examined and brought back to Council.

3. Discussion with possible action on the use of our park facilities by privateorganizations collecting registration fees and other charges related to any Cityof Laredo Parks.

Cm. Garza said that he would like to get away from individuals or for-profitgroups that wished to hold tournaments and collect fees. He felt that they hadcreated a little enterprise and it was not the intended use of their parks. Headded that their citizens should have the first rights, and then otherorganizations. He concluded that the Parks and Leisure department shouldhandle the registration and the money and that non-Laredo residents shouldhave to pay a fee to use the parks.

C. Request by Council Member Esteban Rangel

1. Discussion with possible action on the creation of a road between ConcordHills and Cuatro Vientos.

Cm. Rangel stated that he wanted an estimate or a study to be done on howmuch it would cost to build a road to connect that subdivision to CuatroVientos. He said that the subdivision had grown and the traffic going in andout was huge. He added that the problem was that there was only one entranceand one exit and that across the street from the subdivision was a SAC with anelementary and a middle school.

City Manager Carlos Villarreal said that they would take a look at it.

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2. Discussion with possible action to install a traffic light on Hwy 359 betweenLas Misiones and Larga Vista Subdivisions.

Traffic Director Roberto Murillo reported that they did hire a consultant oneyear ago to do an analysis for them, and the finding was that the signal was notwarranted there. He added that in September they checked to see if there hadbeen any change, but there was not enough impact. He concluded that theywould do another analysis now to capture the traffic volume and bring back areport.

3. Status report on the Clark Boulevard and Loop 20 Overpass, with possibleaction.

City Manager Carlos Villarreal reported that they were in the process ofsending a letter that would go to one of the property owners for donation ofproperty. He explained that if they could come to some sort of an agreement,they could possibly go to a design-build and start construction within a yearfrom now. He concluded that it depended upon them reaching an agreement sothat they could get the project done; in addition, TxDOT indicated that theywere willing to proceed with that and go with a design-build and incorporateother areas south of there.

4. Discussion with possible action regarding the Chacon Hike and Bike TrailMassive Cleanup Day to be held on Sunday, November 20, 2011.

Captain Jose Perez reported that they wanted to give back to the communitybecause for years this organization had been involved in flood and disasterrelief. He added that the City of Laredo had given tremendous support to themand now they were going to be able to reciprocate.

Fabiola Flores, President of the Board of the Rio Grande International StudyCenter, mentioned that their executive director had started something called theLoving Laredo Hike Series. She explained that every month she had picked adifferent trail and encouraged the people of Laredo to join her on a Saturday towalk the trail and learn about birds.

Adolfo Gonzalez reported that his idea was to get the kids involved, and whenthey did so, they saw a lot of trash on the trail and in the creek. He went on tosay that they wanted to do something for the community and decided to pick uptrash along the trail.

D. Request by Council Member Alejandro “Alex” Perez

1. Discussion with possible action on the Kansas City Southern maintenance andrailroad repairs in District 3.

City Engineer Rogelio Rivera reported that they had received a report fromChristopher Roades that they had done some temporary repairs on eight

21

intersections. He went on to say that they were looking for more permanentrepairs like the planking on Bartlett. He concluded that they would get togetherwith Traffic Director Roberto Murillo to add more intersections to the list.

City Manager Carlos Villarreal said that they could identify two or three of themost-used railroad crossings and come back with a cost estimate for doingpermanent repairs. He added that Kansas City Southern was not a veryresponsive company.

2. Discussion with possible action authorizing City Manager to contract anengineering firm to prepare and submit an application to the TWDB requestingfunding under the Board Research and Planning Fund for regional water reuseand implementation plan (Water Reuse Master Plan).

Utilities Director Tomas Rodriguez stated that it was a good plan. Heexplained that they were providing effluent to the golf course, to Webb Countyand to Laredo Country Club. He said that they had had meetings with a personrepresenting a company that wanted to buy 14 million gallons per day ofeffluent. He added that they had not yet discussed the cost, and he wanted tocome back to City Council with that information.

City Manager Carlos Villarreal said that they could talk to the Texas WaterDevelopment Board so that if they would provide them funding, they could dosomething in the interim and then something on a long-term basis.

3. Status report on the Santa Rita Water Park, with possible action.

Assistant City Manager Horacio de Leon said that the Santa Fe Spray Park wasfunded through Community Development Block Grant money. He stated thatrecently those funds were released from environmental clearance, so theywould move into the bidding process for the project. He expected completionwithin three months.

4. Status report on the Canseco building located at 1415 Chihuahua recentlyacquired by the City, with possible action.

Assistant City Manager Horacio de Leon said that they were continuing towork with the legal department on the agreement. He added that after havingdone an assessment on the building, they had to go back and work with theproperty owners to make the agreement reflect some of the work that was goingto be done. He went on to say that they were going to initiate the Request forQualifications process to be able to hire a consultant to help them with thefeasibility and prepare a budget for the project. He concluded that they werealso working on the existing landscaping to keep it up.

E. Request by Council Member Juan Narvaez

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1. Presentation regarding the Back to School Backpack Giveaway heldWednesday, October 26, 2011.

A video was presented showing that over two hundred children receivedbackpacks and $30 Kohl’s gift cards at Jose Gallego Elementary School,Katherine Tarver Elementary School, Sanchez/Ochoa Elementary School, andAlma Pierce Elementary School.

2. Presentation by Marcus Holliman regarding his recent trip to meet withPresident Barack Obama in Los Angeles, California.

Marcus Holliman thanked the Mayor and City Council for allowing him toshow highlights of his trip to Los Angeles to attend a fundraiser for PresidentObama. He explained that Council Member Narvaez had received a call fromEva Longoria who personally invited him to meet with her and the President.He went on to say that due to other obligations, Cm. Narvaez was unable toattend and sent him, Marcus Holliman, in his place. He said that he attended onMonday, October 24th at the home of Antonio Banderas and Melanie Griffith.He concluded that he was able to inform President Obama that he should cometo Laredo firsthand since it was one of the most significant border cities andvital to the US economy, and that President Obama responded that he wouldhave to add a visit to Laredo to his upcoming agenda.

F. Request by Council Member Jorge A. Vera

1. Discussion with possible action to explore the possible modification of theLaredo Coat of Arms logo so as to give the United States flag its proper placeof honor.

Cm. Vera requested for the logo to be revised so that American flag to beplaced at the top of the logo and to have the rest of the flags in historical orderbelow.

Motion to approve.

Moved: Cm. GarzaSecond: Mayor Pro Tem RendonFor: 7 Against: 0 Abstain: 0

Cm. San Miguel was not present.

2. Discussion with possible action to amend the curfew ordinance for school-agedchildren aged 15 years and under, to provide for a curfew beginning at 10:30p.m. instead of 12:01 a.m., from Sundays to Thursdays.

Assistant Police Chief Gilberto Navarro gave a presentation in which heshowed a curfew summary and juvenile arrests between the hours of 10:30 pmto 12:00 midnight.

23

Curfew SummaryAt-Large At City Parks Totals

YR 2009 252 91 343YR 2010 286 5 291YR 2011 (YTD) 126 1 127Total: 664 97 761

Juvenile Arrests between the hours of 10:30 pm to 12:00 midnightJuvenile Arrests YR 2009 YR 2010 YR 2011 (YTD)Age 10 0 0 2Age 11 1 0 0Age 12 9 6 4Age 13 8 3 5Age 14 16 14 4Age 15 25 18 9Total: 59 41 24

The rest of this presentation can be viewed at the City Secretary’s Office, 1110Houston St., Laredo, TX 78040.

Police Chief Carlos Maldonado proposed a study and review to captureinformation and data and present it to City Council over a period of time andthen evaluate the effectiveness of the existing ordinance. He suggestedworking in conjunction with TAMIU’s graduate program.

Motion to instruct staff to amend the curfew ordinance for school-aged children15 years and under to provide for a curfew beginning at 10:30 pm instead of12:01 am on Sundays through Thursdays.

Moved: Cm. VeraSecond: Cm. RangelFor: 7 Against: 0 Abstain: 0

Cm. San Miguel was not present.

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)

Cm. Liendo Espinoza reported that the annual Christmas Parade and Festivalwas scheduled for December 2nd at the Civic Center grounds. She stated thatlast year the attendance was excellent and this year there had already been over100 applications filed to participate; however, they were calculating that theywould need approximately thirty police officers to help patrol the area wherethe parade would be held. She asked for the City Manager’s Office to look athow much the police overtime hours would cost.

24

City Manager Carlos Villarreal said that they would look at the cost and gavehis authorization.

2. Discussion with possible action on establishing an Employee AppreciationWeek for City employees. (Co-Sponsored by Mayor Raul G. Salinas andCouncil Member Esteban Rangel)

Cm. Liendo Espinoza said that she wanted to make it clear that she did not wishto use city funds, city property or city employees for this EmployeeAppreciation Week, but she wanted to schedule something in the spring wherethey could have a family day where everyone could come out with a picnic andperhaps have a softball game.

XIV. STAFF REPORTS

31. Discussion with possible action to consider a second request for an extension ofInjury Leave with pay in accordance with 143.073 (b) of the Texas LocalGovernment Code for Patrol Officer Jacobo Huerta.

Motion to approve.


32. Discussion with possible action to consider a first request for an extension of InjuryLeave with pay in accordance with 143.073 (b) of the Texas Local GovernmentCode for Patrol Officer Victor Tijerina.

Motion to approve.


XV. EXECUTIVE SESSION

None.

XVI. RECESS AS THE LAREDO CITY COUNCIL AND CONVENE AS THELAREDO PUBLIC FACILITY CORPORATION

Motion to recess as the Laredo City Council and convene as the Laredo Public FacilityCorporation.Moved: Cm. GarzaSecond: Cm. NarvaezFor: 8 Against: 0 Abstain: 0

25

a. Approval of the minutes of July 5, 2011.

Motion to approve the minutes of July 5, 2011.


b. Presentation by Jim Plummer and Michael Casias, NRP Group, L.L.C., regardingfinancing for La Terraza at Lomas Del Sur Apartments, with possible action.

Mr. Michael Casias reported that the project was completely designed and ready forconstruction. He added that they had their building permits and site plan approvaland needed only to close and pay the fees to break ground. He went on to say thatutility easements had been recorded and the plat was in the process of beingrecorded. He stated that there would be a month delay in the closing date due to alengthy finalization process and working with Bank of America. He concluded thatthey could close on December 15th, 2011, which would allow them to break groundand still deliver the clubhouse by June 30, 2012 with final completion estimated byOctober 15th, 2012.

Utilities Director Tomas Rodriguez stated that at the next meeting, they would bebringing a recommendation to award an engineering contract for the design of theline in question.

c. NRP has decided to change the lender and tax credit buyer for La Terraza at LomasDel Sur resulting in significant savings and more equity for the project.

XVII. RECESS AS THE LAREDO PUBLIC FACILITY CORPORATION ANDRECONVENE AS THE LAREDO CITY COUNCIL.

Motion to adjourn as the Laredo Public Facility Corporation and reconvene as theLaredo City Council.



XVIII. RECESS AS THE LAREDO CITY COUNCIL AND CONVENE AS THELAREDO MUNICIPAL HOUSING CORPORATION

Motion to recess as the Laredo City Council and convene as the Laredo Public FacilityCorporation.

Moved: Cm. Garza

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Second: Cm. VeraFor: 7 Against: 0 Abstain: 0

33. Authorizing the installation of individual water meters at the Jose Flores Duplexesconsisting 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 inten (10) monthly installments of $10.00 each. (Approved by Operations & FinanceCommittees)

Motion to approve.


XIX. RECESS AS THE LAREDO MUNICIPAL HOUSING CORPORATION ANDCONVENE AS THE LAREDO MASS TRANSIT BOARD

Motion to adjourn as the Laredo Municipal Housing Corporation and convene as theLaredo Mass Transit Board.


34. 2011-RT-006 Authorizing the acceptance of the U.S. Department ofTransportation, Section 5310 Elderly Individuals and Individualswith Disabilities Project Grant Agreement No. 51122F7259, for anadditional amount of $14,550.00 in federal match and an additional$3,638.00 local match to be used for preventive maintenance forthe El Lift Department for the period of April 12, 2011 throughAugust 31, 2012; and authorizing the City Manager to execute allrelated documents. (Approved by Operations Committee)

Motion to approve Resolution 2011-RT-006.


ADJOURN AS THE LAREDO MASS TRANSIT BOARD AND RECONVENEAS THE LAREDO CITY COUNCIL AND ADJOURN

Motion to adjourn as the Laredo Mass Transit Board and reconvene as the Laredo CityCouncil and adjourn.

Moved: Cm. GarzaSecond: Cm. Narvaez

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For: 7 Against: 0 Abstain: 0

I, Gustavo Guevara, Jr., City Secretary, do hereby certify that the above and foregoing isa true and correct copy of the minutes contained in pages 01 to 27 and they are true,complete, and correct proceedings of the City Council meeting held on November 7th,2011.

______________________________Gustavo Guevara, Jr.City Secretary

Considerations of

Juvenile Activity

After 10:30 PM

Curfew Violations 2009

At LargeJuveniles

Male Female

Age 10 3 0

Age 11 1 0

Age 12 9 7

Age 13 42 18

Age 14 56 26

Age 15 141 40

Total: 252 91

At City ParksJuveniles

Male Female

Age 10 0 0

Age 11 0 0

Age 12 0 0

Age 13 0 0

Age 14 0 0

Age 15 0 0

Total: 0 0


At LargeJuveniles

Male Female

Age 10 2 0

Age 11 3 0

Age 12 9 7

Age 13 27 15

Age 14 44 37

Age 15 101 41

Total: 186 100


Male Female

Age 10 0 0

Age 11 0 0

Age 12 0 0

Age 13 1 0

Age 14 1 2

Age 15 1 0

Total: 3 2


At LargeJuveniles

Male Female

Age 10 0 1

Age 11 3 0

Age 12 1 1

Age 13 7 6

Age 14 25 9

Age 15 42 31

Total: 78 48


Male Female

Age 10 0 0

Age 11 0 0

Age 12 0 0

Age 13 0 0

Age 14 0 0

Age 15 0 1

Total: 0 1

Curfew SummaryAt-Large At City Parks

YR2009 252 91 343

YR2010 286 5 291

YR2011 (YTD) 126 1 127

Total: 664 97 761

Juvenile Arrests between the hours10:30 PM to 12:00 Midnight

Summary:

Juvenile Arrests YR2009 YR2010 YR2011 (YTD)

Age 10 0 0 2

Age 11 1 0 0

Age 12 9 6 4

Age 13 8 3 5

Age 14 16 14 4

Age 15 25 18 9

Total: 59 41 24

Juvenile Arrests

0

2

4

6

8

10

1

45

4

98

Age

Nu

mb

er

of

Arr

es

ts

Jan. 1 – July 31, 20110

4

8

12

16

20

24

28

1

9 8

16

25

21

Age

Nu

mb

er

of

Arr

ests

Jan. 1 – Dec. 31, 2009

0

4

8

12

16

20

24

28

32

63

1418

29

Age

Nu

mb

er

of

Arr

ests

Jan. 1 – Dec. 31, 2010

Juvenile Arrests – Top 5 Charges

0

2

4

6

8

10

12

14

13 1211

98

Charge Description

Nu

mb

er

of

Arr

est

Jan. 1 – Dec. 31, 2009

0

2

4

6

8

10

12

119

86 6

Charge Description

Nu

mb

er

of

Arr

est

Jan. 1 – Dec. 31, 2010

0

1

2

3

4

5

6

7

7

5 54

3

Charge Description

Nu

mb

er

of

Arr

est

Jan. 1 – July 31, 2011

Juvenile Arrests – By Month

0

4

8

12

16

20

January February March April May June July August September October November December

6

34

7

45

7

18

5

9

68

Month

Nu

mb

er

of

Arr

ests

Jan. 1 - Dec. 31, 2009

0

2

4

6

8

10

January February March April May June July August September October November December

7

4

10

67

4 4

6 6

45

7

Month

Nu

mb

er

of

Arr

ests

Jan. 1 - Dec. 31, 2010

0

1

2

3

4

5

6

7

8

January February March April May June July

3

7

2

8

6

1

4

Month

Nu

mb

er

of

Arr

ests

Jan. 1 - July 31, 2011

Juvenile Arrests – By Day of Week

0

4

8

12

16

20

Monday Tuesday Wednesday Thursday Friday Saturday Sunday

910

14

8

17

20

3

Day of Week

Nu

mb

er

of

Arr

ests

Jan. 1 - Dec. 31, 2009

0

2

4

6

8

10

12

14


8

13

910 10

12

8

Day of Week

Nu

mb

er

of

Arr

ests

Jan. 1 - Dec. 31, 20100

2

4

6

8

10


4

10

6

4

23

2

Day of Week

Nu

mb

er

of

Arr

ests

Jan. 1 - July 31, 2011

city of laredo city council meeting m-2011 … · appointment by council member cynthia liendo...

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