CITY OF LAREDO

CITY OF LAREDO CITY COUNCIL MEETING M2009-R-08 CITY COUNCIL CHAMBERS 1110 HOUSTON STREET LAREDO, TEXAS 78040 May 4, 2009 5:30 P.M. I. CALL TO ORDER With a quorum present Mayor Raul G. Salinas called the meeting to order. II. PLEDGE OF ALLEGIANCE Mayor Raul G. Salinas led in the Pledge of Allegiance. III. ROLL CALL In attendance: Raul G. Salinas, Mike Garza, Hector Garcia, Michael Landeck, Juan Narvaez, Johnny Rendon, Gene Belmares, Jose Valdez, Jr., 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 Mayor Pro Tem, District VII Council Member, District VIII City Secretary City Manager Deputy City Manager Assistant City Manager Assistant City Manager City Attorney IV. MINUTES Approval of the minutes of April 20, 2009. Motion to approve. Moved: Cm. Garcia Second: Cm. Garza For: 8 Against: 0 Abstain: 0 V. COMMUNICATIONS AND RECOGNITIONS Cm. Garza thanked city staff and administration for doing a tremendous job with representing the City during the H1N1 Virus press conferences. He also wished his wife a happy birthday and he thanked her for being his best friend and partner. Cm. Narvaez emphasized that people need to be vigilant regarding the epidemic that is spreading throughout the world. He reminded the children that being released from school is not a vacation but a move to protect them from the H1N1 Virus. He also stated that he took forty-four senior citizens from the Hamilton Hotel to Eagle Pass. He extended his thanks to El Conejo Bus Lines and Constable Rudy Rodriguez for assisting him. Cm. Rendon thanked everyone for their prayers concerning his daughter’s health. Cm. Belmares wished his wife a happy birthday and thanked her for everything that she went through during her recent pregnancy. He also thanked everyone for their flowers and well wishes on the birth of their little daughter. Cm. Liendo Espinoza wished her husband a happy birthday. She congratulated the Sister Cities Youth Committee on the success of their golf tournament. She thanked all the sponsors including the Fernando Salinas Charitable Trust. Finally, she thanked the City Secretary’s staff for doing a great job with the youth committee. She also acknowledged that Earth Day was a huge success. Finally, she congratulated the firefighters on the success of Margarita Rocks. Recognitions Recognizing Hector “Hurricane” Ferreyro for winning the IBC World Heavyweight Title Boxing Event against Cissie “Cool C” Salif. Mayor Salinas and Council presented Hector Ferreyro with a Certificate of Recognition. Recognizing Miguel T. Ramirez, Laredo Morning Times, for his 35 years of service, longstanding and sound journalism career. Mayor and City Council publicly recognized Miguel Timochenko Ramirez. Recognizing Amparo Gutierrez Elementary School Gators Basketball Team for their undefeated season and City Championships. Mayor and City Council recognized the Amparo Gutierrez Elementary School Gator Basketball Team for their undefeated season and City Championship. He said that they are a dedicated group of seven and eight year olds. They accomplished the following: 2009 Boys and Girls Club Champs; 2007 – 2008 Boys and Girls City Champs; 2007 Christmas Parade 1st place Most Athletic; 2007 – 2008 City of Laredo Parks and Recreation Co-City Champs; 2008 Uvalde Basketball Tournament 2 nd Place; 2008 Christian Middle School Tournament 2 nd place; 2008 Roma-Tejas High School Tournament 1 st Place; 2008 United South High School Tournament 3 rd place; and 2008 Farias Basketball Tournament 2 nd place. He recognized the following students: 2 Karla Velasquez, Gabriela Avila, Ricardo Olivares, Jacob Jimenez, Johan Ayala, Ryan Reyes, Cristian Ruiz, Guy Godines, Gilbert Saldivar, Seth Pena, and Christoper Trevino, Juan Avila and Ricardo Olivares. Recognizing †Fernando D. Gutierrez, Sr., Central Drug Company, in appreciation for services to the Laredo community, his state and country, honoring the profession as a pharmacist, and exemplary citizen of Laredo. Mayor Salinas presented the recognition to Fernando Gutierrez, Jr. and family. Citizen comments Margarita Araiza, Executive Director for the Webb County Heritage Foundation, extended an invitation to the public to help celebrate the 254 th Birthday for the founding of Laredo. The foundation will be sponsoring a founder’s day celebration on Saturday, May 16, 2009 at twelve noon at Texas A & M International University at the ballroom. VI. APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES a. Appointment by Mayor Raul G. Salinas of Tim Schmidt, CEO, Doctor’s Hospital to the Blue Ribbon Health Committee replacing Abe Martinez, CEO, LMC. Motion to approve Mr. Tim Schmidt from Laredo Medical Center. Moved: Cm. Garza Second: Cm. Belmares For: 8 Against: 0 Abstain: 0 b. Appointment by Mayor Pro-Tempore Jose A. Valdez, Jr. to the Third Party Funding. Motion to approve Jo Ann Piland. Moved: Cm. Garza Second: Cm. Belmares For: 8 Against: 0 Abstain: 0 c. Appointment by Mayor Pro-Tempore Jose A. Valdez, Jr. to the Laredo Commission for Women replacing Carmen Treviño. Motion to approve Patricia Silva. Moved: Cm. Garza Second: Cm. Belmares For: 8 VII. PUBLIC HEARINGS 1. Amending the Zoning Ordinance (Map) of the City of Laredo by authorizing a Conditional Use Permit for accessory parking on Lot 13, Block 6, Indian Sunset Subdivision Phase 11, located at 12921 Mohawk Drive. The Planning and Zoning 3 Against: 0 Abstain: 0 Commission has recommended approval of the Conditional Use Permit, with a six (6) month expiration date. Motion to postpone. Moved: Cm. Garza Second: Cm. Garcia For: 8 Against: 0 Abstain: 0 2. Amending the City of Laredo FY 2009 Airport Construction Budget to recognize additional revenues from a grant received from the Federal Aviation Administration Airport Improvement Program under the American Recovery and Reinvestment Act Grant Project No. 3-48-0136-56-09 in the amount of $8,000,000.00 to rehabilitate Runway 17R/35L at the Laredo International Airport and appropriating said grant revenue to the appropriate revenue and expenditure accounts and authorizing the City Manager to implement said budget amendment. No local match is required for this grant. (Approved by Finance Committee) Motion to open the public hearing. Moved: Cm. Garza Second: Cm. Garcia For: 8 There was no public input. Motion to close the public hearing and introduce. Moved: Cm. Rendon Second: Cm. Belmares For: 8 Against: 0 Abstain: 0 Against: 0 Abstain: 0 Ordinance Introduction: City Council 3. Amending the City of Laredo Health Department FY 2008-2009 Budget by adding one (1) full-time equivalent position, being a Chief of Dental Health Services with benefits, in lieu of contractual services to more efficiently meet the oral health needs of the community. Funds in the amount of $66,000.00 are available through the Health and Human Services Commission (HHSC) contract between the City of Laredo Health Department and the University of Texas Health Science Center San Antonio Dental School for the remainder of the fiscal year, funding is renewable for another two (2) years for a total of four (4) years as per the MOU signed February 25, 2008. Funding for the second year is subject to future appropriations. (Approved by Finance Committee) Motion to open the public hearing. Moved: Cm. Garcia Second: Cm. Garza For: 8 Against: 0 4 Abstain: 0 There was no public input. Motion to close the public hearing and introduce. Moved: Cm. Belmares Second: Mayor Pro Tem Valdez For: 8 Against: 0 Ordinance Introduction: City Council 4. Accepting four hundred nineteen thousand four hundred fifty dollars ($419,450.00) in funds from the South Texas Development Council; amending the City of Laredo Health Department FY 2008-2009 annual budget by appropriating revenues and expenditures in the amount of four hundred nineteen thousand four hundred fifty dollars ($419,450.00) in funds from the South Texas Development Council for continuation of the department’s HIV/Ryan White Program which provides medical care, case management and supportive care and amending the City of Laredo Health Department Budget by adding a full-time equivalent position, being one (1) Health Educator Supervisor with benefits for the term period beginning April 1, 2009 through March 31, 2010. (Approved by Finance Committee) Motion to open the public hearing. Moved: Cm. Garcia Second: Cm. Garza For: 8 There was no public input. Motion to close the public hearing and introduce. Moved: Cm. Liendo Espinoza Second: Cm. Garza For: 8 Abstain: 0 Against: 0 Abstain: 0 Against: 0 Abstain: 0 Ordinance Introduction: City Council 5. Amending the City of Laredo Health Department FY 2008-2009 Annual Budget by appropriating revenues and expenses in the amount of fifty two thousand one hundred twenty five dollars ($52,125.00) for the Community Preparedness Section/ Public Health Emergency Preparedness (PHEP) Discretionary Fund from the Texas Department of State Health Services for the term period beginning June 1, 2009 through November 30, 2009. (Approved by Finance Committee) Motion to open the public hearing. Moved: Cm. Belmares Second: Cm. Garza For: 8 Against: 0 5 Abstain: 0 There was no public input. Motion to close the public hearing and introduce. Moved: Cm. Belmares Second: Mayor Pro Tem Valdez For: 8 Against: 0 Ordinance Introduction: City Council 6. Amending the City of Laredo Health Department FY 2008-2009 annual budget by increasing revenues and expenses in the current contract from the Texas Department of State Health Services by one hundred forty seven thousand three hundred fifty eight dollars ($147,358.00) in additional funds not to exceed a total of four million six hundred ninety two thousand three hundred eighty six dollars ($4,692,386.00) [four million two hundred fifty eight thousand four hundred five dollars ($4,258,405.00) (6008) and four hundred thirty three thousand nine hundred eighty one dollars ($433,981.00) (6009)] for the Women, Infants, and Children (WIC) Program for the City of Laredo Health Department beginning October 1, 2008 through September 30, 2009. (Approved by Finance Committee) Motion to open the public hearing. Moved: Cm. Belmares Second: Cm. Garcia For: 8 There was no public input. Motion to close the public hearing and introduce. Moved: Mayor Pro Tem Valdez Second: Cm. Belmares For: 0 Against: 0 Ordinance Introduction: City Council 7. Providing community residents an opportunity to comment on their housing and community needs and the projects that they wish to see funded for fiscal year 20092010, with funds totaling an estimated $4,900,000.00 to be received from the U.S. Department of Housing and Urban Development (HUD) in support of the preparation and submission of the 2009 Consolidated One Year Action Plan to HUD. The actual formula allocations from HUD have yet to be released; however, the City anticipates receiving funding levels similar to the 2008-2009 program year. The following estimated amounts are being used solely for planning purposes: * * * * Community Development Block Grant (CDBG) $3,500,000.00 HOME Investment Partnerships Grant (HOME) $1,200,000.00 Emergency Shelter Grant (ESG) $160,000.00 American Dream Downpayment Initiative Program (ADDI) $5,000.00 6 Abstain: 0 Against: 0 Abstain: 0 Abstain: 0 Motion to open the public hearing. Moved: Mayor Pro Tem Valdez Second: Cm. Belmares For: 8 Against: 0 Abstain: 0 Ronnie Acosta, Community Development Director, reported that HUD released the 2009 allocations as follows: Community Development Block Grant $3,634,557; the Home Program Allocation is $1, 389,582; Emergency Shelter Grant $ 159,838; and the American Dream Down Payment Program was not funded this year. The total is $5,230,000. Motion to close the public hearing. Moved: Cm. Garza Second: Cm. Garcia For: 8 Against: 0 Abstain: 0 Ordinance Introduction: City Council 8. Authorizing the City Manager to accept (1) a donation from H-E-B Tournament Of Champions (TOC) in the amount of $5,000.00 to support the Laredo Public Library’s HEB Multi Purpose Room and (2) a grant from Humanities Texas in the amount of $1,000.00 to help fund the 6th Annual Laredo Poetry Festival and amending the City of Laredo FY 2008-2009 Friends of the Library budget by appropriating revenues and expenditures by $11,000.00, inclusive of $5,000.00 for future contributions. Motion to open the public hearing. Moved: Cm. Garza Second: Cm. Garcia For: 8 There was no public input. Motion to close the public hearing and introduce. Moved: Cm. Belmares Second: Mayor Pro Tem Valdez For: 8 Against: 0 Ordinance Introduction: City Council VIII. INTRODUCTORY ORDINANCES 9. Authorizing the City Manager to execute cattle grazing lease with A/C Cattle Co., Laredo, Texas for approximately 220 acres of undeveloped land located in Northwest Laredo in the Pinto Valle Area, next to the International Fire Training/ Public Safety 7 Against: 0 Abstain: 0 Abstain: 0 facility. The lease term is for five (5) years commencing on June 1, 2009, with the option of two (2) one year terms; the annual rent shall be $1,760.00. Ordinance Introduction: City Council 10. Authorizing the City Manager to execute an assignment of the lease agreement between the City of Laredo, as Lessor, and IRCO Corporation, as Lessee, approved by Ordinance No. 92-O-182 dated October 5, 1992 to the approximate 97,183 square feet of land including approximately 28,000 square of building space known as Building No. 1315 located at 2015 Pappas at the Laredo International Airport. The lease term is for twenty five (25) years commencing on June 1, 1992 and ending May 31, 2017 with one, ten (10) year renewal extension until May 31, 2027. Said assignment is from IRCO Corporation, as Assignor to Adex Trading, Inc. as Assignee. All other terms and conditions remain unchanged and in effect; providing for an effective date. Ordinance Introduction: City Council 11. Adding new Article VII(A) [Parental Responsibility] to Chapter 21 [offenses and miscellaneous provisions] of the Code of Ordinances, containing the following new sections, namely, Section 21-146 containing definitions; Section 21-147 specifying the offenses; Section 21-148 providing for affirmative defense; & Section 21-149 providing for the penalty; and providing for effective date. Ordinance Introduction: City Council IX. FINAL READING OF ORDINANCES Motion to waive the final readings of Ordinances 2009-O-065, 2009-O-068, 2009-O-070, 2009-O-071, 2009-O-072, 2009-O-073, 2009-O-074, 2009-O-075, 2009-O-076, 2009-O077, and 2009-O-078. Moved: Cm. Belmares Second: Cm. Garcia For: 8 Against: 0 Abstain: 0 12. 2009-O-065 Authorizing the City Manager to amend the City of Laredo’s FY 20082009 Full Time Equivalent Positions (FTE) by reclassifying one (1) Police Sergeant to the position of one (1) Police Investigator in the Laredo Police Department’s High Intensity Drug Trafficking Area (HIDTA) program. There is no cost to the City of Laredo’s General Fund. Funding is available from within the HIDTA Program Division 223-2317. Motion to adopt Ordinance 2009-O-065. Moved: Cm. Belmares Second: Cm. Narvaez For: 8 Against: 0 Abstain: 0 2009-O-068 Amending the City of Laredo Fiscal Year 2009 Certificate of Obligation Series 2005 Budget by appropriating revenues and expenditures in the 8 amount of $190,000.00. Available funds are from a reimbursement of a prior period expense. The funds will be used for the acquisition of a time and attendance system including software and hardware and computer hardware for the Fire Department. Motion to adopt Ordinance 2009-O-068. Moved: Cm. Belmares Second: Cm. Narvaez For: 8 Against: 0 Abstain: 0 2009-O-069 Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lots 9 & 10, Block 1703, Eastern Division, located at 2806 Laredo Street, from R-3 (Mixed Residential District) to B-1 (Limited Commercial District). The Planning and Zoning Commission has recommended approval of the zone change. The proposed use is a child day care. District II Motion to adopt Ordinance 2009-O-069. Moved: Cm. Belmares Second: Cm. Narvaez For: 8 Against: 0 Abstain: 0 2009-O-070 Amending Ordinance No. 2003-O-052 authorizing the issuance of a Conditional Use Permit for a welding shop on Lot 1, Block 22, Moreno Addition, located at 1417 Harding Avenue, by amending the provisions to extend the five (5) year expiration date; providing for publication and effective date. District II (AS AMENDED) Motion to adopt Ordinance 2009-O-070. Moved: Cm. Belmares Second: Cm. Narvaez For: 8 Against: 0 Abstain: 0 2009-O-071 Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning 0.93 acres, as further described by metes and bounds in attached Exhibit "A", located west of US Highway 83 and north of Riverhill Subdivision, from R-1 (Single Family Residential District) to B-3 (Community Business District). The Planning and Zoning Commission has recommended approval of the zone change. The proposed use is commercial. District III Motion to adopt Ordinance 2009-O-071. Moved: Cm. Belmares Second: Cm. Narvaez For: 8 9 Against: 0 Abstain: 0 2009-O-072 Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning the south twenty-eight (28) feet of Lots 3 & 4 and the north twenty-seven (27) feet of Lots 5 & 6, Block 495, Eastern Division, located at 4416 Maryland Avenue, from R-1 (Single Family Residential District) to R-2 (Multi-family Residential District). The Planning and Zoning Commission has recommended approval of the zone change. The proposed use is apartments or a duplex. District IV Motion to adopt Ordinance 2009-O-072. Moved: Cm. Belmares Second: Cm. Narvaez For: 8 Against: 0 Abstain: 0 2009-O-073 Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning 3.6 acres, as further described by metes and bounds in attached Exhibit “A,” located at 211 E. Ash Street, from R-3 (Mixed Residential District) to B-1 (Limited Commercial District). The Planning and Zoning Commission has recommended approval of the zone change. The proposed use is a bus transportation facility. District IV. Motion to adopt Ordinance 2009-O-073. Moved: Cm. Belmares Second: Cm. Narvaez For: 8 Against: 0 Abstain: 0 2009-O-074 Amending the Zoning Ordinance (Map) of the City of Laredo by authorizing a Conditional Use Permit for the Laredo Independent School District Food Service Facility on all Block 425, Eastern Division, located at 101 W. Saunders Street. The Planning and Zoning Commission has recommended approval of the Conditional Use Permit. District V Motion to adopt Ordinance 2009-O-074. Moved: Cm. Belmares Second: Cm. Narvaez For: 8 Against: 0 Abstain: 0 2009-O-075 Amending Chapter 32, Vehicle for Hire, Article II, taxicabs, operating authority, Section 32-20, transfer of operating authority, of the Code of Ordinances of the City of Laredo, adding that background checks must be obtained on transferor before any transferring of taxicab permit, that processing time may take up to 60 days, and that all permit transfers shall be processed 60 calendar days before renewal date, otherwise current permit holder shall renew permit and then process transfer, Section 32-29 (H) suspension and revocation of annual permit, adding ten days for revocation appeal to the City Manager, Section 32-35 (I), taxicab driver’s license, application, adding “charged or” and replacing the word “permit” with “license”, and to provide for severability, publication and effective 10 date. Motion to adopt Ordinance 2009-O-075. Moved: Cm. Belmares Second: Cm. Narvaez For: 8 Against: 0 Abstain: 0 2009-O-076 Authorizing the City Manager to execute a Foreign-Trade Zone Operations Agreement with South Texas Traffic, Inc.; as Zone Site Operator of Site No. 3 located at 8501 Killam Industrial Blvd., effective May 1, 2009, and ending on September 30, 2009. Providing for activation, administration and transaction fees to be paid to the City; providing for an effective date. Motion to adopt Ordinance 2009-O-076. Moved: Cm. Belmares Second: Cm. Narvaez For: 8 Against: 0 Abstain: 0 2009-O-077 Authorizing the City Manager to execute a Foreign-Trade Zone Operations Agreement with Connections Global Logistics, Inc., as Zone Site Operator of Site No. 3 located at 8202 Killam Industrial Blvd., effective May 1, 2009, and ending on September 30, 2009. Providing for activation, administration and transaction fees to be paid to the City; providing for an effective date. Motion to adopt Ordinance 2009-O-077. Moved: Cm. Belmares Second: Cm. Narvaez For: 8 Against: 0 Abstain: 0 2009-O-078 Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lot 1, Block 1 Prida Plat, located at 7100 Santa Maria Avenue, from B-3 (Community Business District) to M-1 (Light Manufacturing District). The Planning and Zoning Commission has recommended approval of the zone change. The proposed use is a lease for warehouse storage. District VII Motion to adopt Ordinance 2009-O-078. Moved: Cm. Belmares Second: Cm. Narvaez For: 8 Against: 0 Abstain: 0 11 X. RESOLUTIONS 13. 2009-R-045 A resolution by the City Council of the City of Laredo in support of the United States Department of Homeland Security’s use of the old Mercy Hospital Building for their operational and training activities. Cm. Landeck said that there is an issue with the previous Mercy Hospital which is located right in the middle of District III. He noted that there are many discussions as to what should be done with the building because it is in private hands. He mentioned that the building is becoming a nuisance to the citizens that live close to the building. He said that this is a great concern because these are not activities that will preserve the building. He asked the Council to support him in denying this resolution. Motion to approve Resolution 2009-R-045. Moved: Cm. Garza Second: Cm. Belmares For: 7 Against: 1 Cm. Landeck Abstain: 0 14. 2009-R-046 Authorizing the City Manager to submit a grant application to the Federal Aviation Administration in the amount of $8,000,000.00 and to accept said grant for the Rehabilitation of Runway 17R/ 35L at the Laredo International Airport. No local match is required for this American Recovery and Reinvestment Act (Stimulus) grant. (Approved by both Operations and Finance Committees) Motion to approve Resolution 2009-R-046. Moved: Cm. Belmares Second: Cm. Garza For: 8 Against: 0 Abstain: 0 15. 2009-R-048 Authorizing the City Manager to submit a grant application to the Texas Water Development Board (TWDB) to obtain a grant in the amount of $10,000,000.00, and a loan in the amount of $10,000,000.00 to purchase water rights. (Approved by both Operations and Finance Committees) Motion to approve Resolution 2009-R-048. Moved: Cm. Belmares Second: Cm. Garza For: 8 Against: 0 Abstain: 0 16. 2009-R-051 Authorizing the City Manager to execute the termination of the maintenance & monitoring agreement dated January 4, 2007 [which agreement is recorded in Volume 2269, pp. 622-630, Official Property Records of Webb County, Texas] in the form attached as Exhibit 1, and 12 accepting the payment of $60,790.00 by Norez Ltd. in lieu of detention requirements; Environmental Services Department recommends that the $60,790.00 be used for the improvements in the Upper Zacate Creek Multipurpose Detention Pond. Motion to approve Resolution 2009-R-051. Moved: Cm. Belmares Second: Cm. Garza For: 8 Against: 0 Abstain: 0 17. 2009-R-052 Declaring the public necessity to acquire the “Surface Only” of eight (8) parcels of land for the Calton Road Grade Separation Project, said parcels of land being described as follows: Tract 1. A tract of land containing 0.13 acres (5,854.87 sq. ft.) more or less, being out of that certain 1.50 acre tract of land conveyed to Gambit Bingo Partnership Ltd., recorded in Volume 280, Pages 816-819, Webb County Deed Records, Texas, situated in Survey 1026, J. F. Fuentes Original Grantee Abstract 317, City of Laredo, Webb County, Texas. Tract 2. A tract of land containing 0.46 acres (20,092.38 sq. ft.) more or less, being out of that certain 11.1784 acre tract of land conveyed to Yellow Freight System, Inc., recorded in Volume 545, Pages 62-64, Webb County Deed Records, Texas, situated in Survey 1026, J. F. Fuentes Original Grantee Abstract 317, City of Laredo, Webb County, Texas. Tract 3. A tract of land containing 0.37 acres (15,946.98 Sq. Ft.) more or less, being out of that certain 6.6924 acre tract of land conveyed to United States Cold Storage, LP., a Texas Limited Partnership, described in General Warranty Deed, recorded in Volume 1693, Pages 232-245, Webb County Deed Records, Texas, situated in Survey 1238, E. Garza Original Grantee, Abstract 425, City of Laredo, Webb County, Texas. Tract 4. A tract of land containing 0.16 acres (6,862.98 Sq. Ft.) more or less, being out of the remaining portion of that certain 0.5173 acre tract of land conveyed to Agustin Maldonado, Jr. Trustee, recorded in Volume 579, Pages 543-544, Webb County Deed Records, Texas, situated in Survey 1238, E. Garza Original Grantee Abstract 425, City of Laredo, Webb County, Texas. Tract 5. A tract of land containing 0.01 acres (251.16 Sq. Ft.) more or less, being out of a 2.6924 Acre tract of land shown in Central Power & Light Company Subdivision Plat recorded in Volume 17, Pages 32, Webb County Map Records, Texas, situated in Survey 1238, E. Garza Original Grantee Abstract 425, City of Laredo, Webb County, Texas. Tract 6. A tract of land containing 0.02 acres (816.65 Sq. Ft.) more or less, being out of a 2.6924 Acre tract of land shown in Central Power & Light Company Subdivision Plat recorded in Volume 17, Pages 32, Webb 13 County Map Records, Texas, situated in Survey 1238, E. Garza Original Grantee Abstract 425, City of Laredo, Webb County, Texas. Tract 7. A tract of land containing 0.37 acres (15,908.62 Sq. Ft.) more or less, being 0.34 acres out of that certain 9.4675 Acre tract of land conveyed to Central Power & Light Co., recorded in Volume 396, Pgs 7786, Webb County Deed Records and 0.03 Acres out of that certain 1.3118 acre tract of land conveyed to Central Power and Light Co., recorded in Volume 400, Pages 228-231, Webb County Deed Records, Texas, situated in Survey 1238, E Garza Original Grantee, Abstract 425 and Survey 1026, J. F. Fuentes Original Grantee Abstract 317, City of Laredo, Webb County, Texas. Tract 8. A tract of land containing 0.01 acres (303.36 Sq. Ft.) more or less, being out of a 7.813 Acre tract conveyed to Wal-Mart Stores, Inc., recorded in Volume 28, Pages 11-14, Webb County Deed Records, Texas, situated in Survey 1238, E. Garza Original Grantee, Abstract 425 and Survey 1026, J.F. Fuentes Original Grantee, Abstract 317, City of Laredo, Webb County, Texas, and each of said eight (8) tracts is more particularly described by metes and bounds in Exhibits 1 to 8, inclusive, attached to this resolution; and authorizing staff to negotiate with the owners for the acquisition of said parcels by purchase at their market values established by a State Certified Real Estate Appraiser; and authorizing the City Attorney to initiate condemnation proceedings to acquire one or more of said parcels if staff is unable to acquire one or more due to inability to agree to a purchase price, conflict of ownership, owner refusal to sell, and/or inability to locate a listed owner. Motion to approve Resolution 2009-R-052. Moved: Cm. Belmares Second: Cm. Garza For: 8 Against: 0 Abstain: 0 18. 2009-R-053 Accepting a grant in the amount of $20,000.00 from the Texas Department of Transportation for enforcement of Vehicle Occupant Protection during the Click It or Ticket Campaign amending the City of Laredo’s FY09 Annual Budget in the amount of $20,000.00. This grant is for overtime salaries, including fringe benefits, and is funded 100% by the Texas Department of Transportation. (Approved by Finance Committee) Motion to approve Resolution 2009-R-053. Moved: Cm. Belmares Second: Cm. Garza For: 8 Against: 0 Abstain: 0 14 XI. MOTIONS 19. Consideration for approval to award a construction contract to the lowest bidder Jerry Resendez Enterprises, Inc., Laredo, Texas in the amount of $1,062,290.11 for the India Avenue Drainage, Utilities, Widening and Paving Improvements. Construction contract time is one hundred sixty (160) working days after notice to proceed is issued. Funding is available in the 2007 Environmental Services C.O. and Water and Sewer Bond. Motion to approve. Moved: Cm. Garcia Second: Cm. Narvaez For: 8 Against: 0 Abstain: 0 20. Consideration to award annual supply contract FY09-034 to the low bidders, Executive Office Supply, Laredo, Texas and Patria Office Supply, Laredo, Texas for the purchase of general office supplies. The term of this contract shall be for a period of one (1) year with a renewal option for an additional twelve (12) month period upon mutual agreement. Funding is available in the office supply line item budgets for the respective departments. (Approved by both Operations and Finance Committees) Motion to approve. Moved: Cm. Garza Second: Cm. Narvaez For: 8 Against: 0 Abstain: 0 21. Consideration to award contract number FY09-045 to Envirodyne Laboratories, Houston, Texas in the estimated annual amount of $130,000.00, for providing laboratory analytical services for water and wastewater samples in accordance to Environmental Protection Agency (EPA) approved standard methods. The testing laboratory will be responsible for sample handling analysis, and reporting for a wide range of environmental parameters in soil, water, and sludge samples for both water and wastewater applications. Funding is available in the Utilities Department budget. (Approved by both Operations and Finance Committees) Motion to approve. Moved: Cm. Garza Second: Cm. Narvaez For: 8 Against: 0 Abstain: 0 22. Consideration for approval to award a construction contract to the lowest bidder Closner Construction Company, Laredo, Texas, in the amount of $1,305,630.80 for the Rosario Street Potable Water, Wastewater Collection and Stormwater Improvements Project. Construction contract time is one hundred eighty (180) working days after notice to proceed is issued. Funding is available in the 2007 Environmental Services C.O. and 2008 Water and Sewer Bonds. (Approved by Finance Committee) Motion to approve. 15 Moved: Cm. Garza Second: Cm. Narvaez For: 8 Against: 0 Abstain: 0 23. Consideration for approval of change order no.3, an increase of $32,589.00 for the balance of quantities actually constructed in place, release of retainage, acceptance of the McPherson Road Widening North of Del Mar Blvd., Phase II, Step “C” (Mahogany Dr. to Shiloh Dr.) and approval of final payment in the amount of $90,742.97 to Rhino Builders, Ltd., Laredo, Texas. Final construction contract amount is $1,119,668.50. Funding is available in the 2004 Transit C.O., Project #TRMAHO. (Approved by Finance Committee) Motion to approve. Moved: Cm. Garza Second: Cm. Narvaez For: 8 Against: 0 Abstain: 0 24. Authorizing the City Manager to amend the City of Laredo’s 34th AY, 2008 Consolidated One Year Action Plan to include additional funding in the amount of $1,490,976.00 in Homelessness Prevention and Rapid Re-Housing Program (HPRP) funds authorized by the American Recovery and Reinvestment Act of 2009, made available through the U.S. Department of Housing and Urban Development (HUD). The intent of the HPRP program is to assist homeless individuals and families who reside in the community, or those on the verge of becoming homeless, by providing rental assistance, security deposits, utility deposits, utility payments, moving cost assistance, motel and hotel vouchers, and housing relocation and stabilization services. (Approved by Finance Committee) Motion to approve. Moved: Cm. Garza Second: Cm. Narvaez For: 8 Against: 0 Abstain: 0 25. Authorizing the City Manager to amend the City of Laredo’s 2008 Consolidated OneYear Action Plan for the purpose of reprogramming Community Development Block Grant (CDBG) funds totaling $1,020,000.00 to facilitate the design and construction of the South Laredo Branch Public Library. Funds to be reprogrammed derive from 27th, 29th, 30th, 31st, 32nd, 33rd, and 34th Action Year CDBG fund balances from completed projects, and the cancellation of certain CDBG funded projects as noted below. CDBG PROJECT FUND BALANCES 27th AY Demolition of Substandard Buildings $1,856.00 16 29th AY Demolition of Substandard Buildings Garcia-Vela Park Lighting Farias Community Center Total 29th AY Fund Balances 30th AY Community Development Administration Housing Rehabilitation Administration Code Enforcement Housing Rehabilitation Loans Plaza Theatre Improvements Ejido Street Extension Lafayette Spray Park Improvements Cigarroa Recreation Center Total 30th AY Fund Balances 31st AY C D Administration Housing Rehabilitation Administration Code Enforcement ADA Sidewalk Improvements Milmo Street Improvements Demolition of Substandard Buildings Zero Depth Water Park – Lyon & San Francisco Total 31st AY Fund Balances 32nd AY Community Development Administration Housing Rehabilitation Administration Code Enforcement Graffiti Removal Automotive Total 32nd AY Fund Balances 33rd AY Community Development Administration CANCELLED CDBG PROJECTS Laredo Family Recovery Center (32nd AY) Laredo Community College Recreational Complex (33rd AY) Cielito Lindo Park Improvements (34th AY) Riverhills Parkland Acquisition (34th AY) TOTAL FUNDS TO BE REPROGRAMMED (Approved by Finance Committee) Motion to approve. Moved: Cm. Garza 17 $1,507.00 $18,450.00 $2,206.00 $22,163.00 $1,282.00 $390.00 $3.00 $43,900.00 $ 1.00 $5,458.00 $833.00 $18,478.00 $70,345.00 $919.00 $55.00 $1,732.00 $711.00 $2,800.00 $861.00 $704.00 $7,782.00 $37,502.00 $30,910.00 $28,750.00 $2,061.00 $23.00 $99,246.00 $48,608.00 $300,000.00 $150,000.00 $100,000.00 $220,000.00 $1,020,000.00 Second: Mayor Pro Tem Valdez For: 8 Against: 0 Abstain: 0 26. Consideration to award contract FY09-037 to the lowest bidder, Altius Group Inc., Laredo, Texas, in the amount of $72,710.60, for the complete replacement of a deteriorated steel building located at the South Side Wastewater Treatment Plant. The contract vendor will be required to demolish the current steel building and erect a new pre-fabricated steel building. Funding is available in the Utilities Department 2006 Utilities Revenue Bond. (Approved by Finance Committee) Motion to approve. Moved: Cm. Garza Second: Mayor Pro Tem Valdez For: 8 Against: 0 Abstain: 0 27. Requesting authorization to waive $128.35 of penalty and interest in accordance with Section 33.011(a) of the Property Tax Code. The Webb County Appraisal District committed the act or omission which caused or resulted in the taxpayer’s failure to pay the tax before delinquency. Tax account 900-90221-113. The property owner is Guillermo Cavazos. Motion to approve. Moved: Cm. Garza Second: Mayor Pro Tem Valdez For: 8 Against: 0 XII. GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS 28. A. Request by Mayor Raul G. Salinas 1. Presentation by Fernando Perez del Rio, Spontaneous Films, on Laredo becoming a film friendly City and the possibility of creating a film television commission in Laredo, with possible action. Fernando Perez del Rio, President and owner of Spontaneous Films, stated that the reason he is addressing City Council is because of a new legislation that was passed in Texas House. He gave the following presentation: House Bill 873 Bill passed Bill now in phase II Texas Motion Picture Alliance www.txmpa.org Abstain: 0 2007 Texas legislative session %5 incentives bill passed 18 2009 Texas legislative session adjustable incentive with cap. Texas Film Commission Becoming a “Film Friendly City” Creating a Laredo Film Commission Fernando Perez-Del Rio 512-698-1428 Fernando@spontaneousfilms.com Motion to create the Films Commission and instruct the City Manager to bring that part of the budgetary project to Council for discussion. Moved: Cm. Belmares Second: Mayor Pro Tem Valdez For: 8 Against: 0 Abstain: 0 2. Presentation by Sylvia Bruni, on the Children’s Advocacy Center of Laredo, Webb County, Texas, with possible action. Sylvia Bruni, gave the following presentation: Mission Statement To break the cycle of abuse through community education, training, and prevention and to allow the child an opportunity to heal through intervention in a child-sensitive environment. Children’s Advocacy Center Comes to Laredo 1993 – DA Joe Rubio convenes Child Abuse Task Force 1995 – Children’s Advocacy Center of Webb County Openes Doors (501C3) Multidisciplinary Team (MDT) Begins to respond to Children’s Outcries MDT – Holistic Response to Child Abuse Victim 1. Law Enforcement: LPD, Webb/Zapata Sheriffs, School District Police Forces WebbZapata District Attorney, County Attorney 2. Child Protective Services (CPS) 3. Medical: Amando Garza/SANE 4. CAC Staff a. Forensic interviewer b. Child Advocate c. Crime Victim Services Coordinator d. Forensic Psychologist e. Licensed Professional Counselor f. Play Therapy Coordinator 19 Why the CAC Model Works… Provides a safe and secure venue for child victims to tell their story, once during a forensic interview that is viewed live by partner agencies. Afford the child victim & non-offending family an immediate opportunity to enter counseling and therapy and to access medical examinations as needed. Makes available to the non-offending family a range of services, accessible via VOCA. Coordinates the gathering of all partner agencies as a Multi-Disciplinary Team, their purpose to discuss a case that might be developed for prosecution against the alleged perpetrator. Facilitates a comprehensive community education outreach plan, targeting groups that represent the child’s most trusted confidants. Based on Best Practices: systemic & team based. CAC Responds to Critical Community Needs Child Protective Services data for our region (2007 Data Book) – 2,900 allegations of child abuse 13% increase from 2006 City of Laredo/Webb County Criminal Justice Community Plan (2008): identifies Family Violence, Child & Adult, including: 1. physical abuse, 2. sexual abuse 3. emotional abuse as one of the top six most significant problems facing our geographical area. Laredo Speaks, Laredo Habla (2004): quality of life survey conducted by TAMIU on behalf of City of Laredo, reported similar findings in the Facilities & Services Category, w/one of 3 highest responses for Needs Improvement focusing on Control of Domestic Violence, w/priority attention paid to Abuse (Child, Spouse, Elderly). United Way of Laredo’s Community Needs Survey (2007): One of top five concerns – Abuse (Child, Spouse, Elderly). Total Estimated Cost of Child Abuse & Neglect in the United States Direct Costs: Hospitalization = $6,625,958,263 Mental health = $1,080,706,049 Child Welfare = $25,361,329,051 Law Enforcement = $33,307,770 Total Direct Costs = $33,101,302,133 Indirect Costs 20 Special Education = $2,410,306,242 Juvenile Delinquency = $7,174,814,134 Mental Health and Health Care = $67,863,457 Adult Criminal Justice System = $27,979,811,982 Lost Productivity to Society = $33,019,919,544 Total Indirect Costs = $70,652,715,359 Total cost = $103,754,017,492 2007 Prevent Child Abuse America The Pew Charitable Trust Other Community Support Services Child Fatality Review Team Facilitated by CAC Staff on a quarterly basis. Cases of child deaths are discussed and suggestions are made as to how these deaths could have been prevented. Suggestions are forwarded to SPS to create educational campaigns. By Your Side/ A Su Lado – A bereavement Program for Families of Children that Die Individual & Group Counseling for Families of Children that Die. Sponsored by the CAC on Collaboration w/TAMIU’s Master of Arts Counseling Psychology Program (MACP) Children’s Advocacy Center Children Served 2007-2008 511 Outcries New Clients – 90.22% Repeats – 9.78% Age Groups 0 – 5 = 123 = 24.07% 6 – 12 = 253 = 49.51% 13 – 17 = 135 = 26.42% 18 – over = 0.00 Gender 184 = 36.01% Male 327 = 63.99% Female Worth Thinking About… Confirmed Child victims in US (2007) = 1 MILLION TOTAL COSTS = $103,754,017,492 $103,754 PER Child in Long Term Effects 21 Child Victims Served by CAC (2007) = 511 CAC Operating Budget (2007) = $484,599 $948 per child Webb County District Court Records 1. 30 Prosecutions of alleged Perpetrators 2. 2. 67% Convictions, Ranging from 2 years – Life CAC Service Record: 5000 + Child Victims (1997 – 2008) The Sun Still Shines Committed, Dedicated Board of Directors – True Advocates! Completion of state of the art, new 11,000 sq. ft facility Play Therapy and Art Therapy programs launched . Successful Community Partnerships on behalf of holiday gift and rainbow room programs. Monthly Play Dates for young clients paired w/needs-based Support Sessions for nonoffending parents. Extensive Community Education Program led by MDT Partners, targeting outcry witness groups, i.e. school counselors, teachers, nurses, high-lighted by 10th Annual Conference, It Takes a Team to Protect our Children. B. Request by Council Member Dr. Michael Landeck 1. Presentation of a detailed comparative city elections cost estimate for a May 2010 elections. Cost estimate to include a most probable city wide run off election and the scenario of a possible move of the LCC elections to November 2010. The comparison should be done to the cost of a November 2010 city elections in conjunction with all other political entities that plan elections in 2010. Further a report on the scheduling and cost of the expected special election for city council in District 7. (Presenters to include City Secretary Gustavo Guevara and Webb county elections administrator Oscar Villarreal). City Secretary, Gustavo Guevara, Jr., read the election figures as follows: In the May 2006 Joint Election between the City of Laredo, Laredo Community College, and both school districts was $122,697.42. The Run-Off Election which was held on June 17, 2006 cost the city $51,385.00. For the year of 2010 the ballpark estimate for May 2010 has been calculated at the maximum costs of $114,135.87. He emphasized that this amount will be shared with the Laredo Community College. In case of the runoff in 2010 the maximum amount will increase to $125,000.00. 22 C. Request by Council Member Juan Narvaez 1. Presentation by Sgt. 1st Class Jorge Martinez on the Texas Challenge Academy, with possible action. Sgt. Martinez reported that he is part of a program that will assist young adults to transition into a more productive citizen. He further stated that the Laredo program is searching for forty students that have dropped out of school and would be interested in attending the Texas Challenge Academy. D. Request by Council Member Johnny Rendon 1. Status report regarding an update of the Blas Castaneda Skate Park flaps, with possible action. Osvaldo Guzman reported that the notice to proceed was issued on April 24, 2009. He said that the project should be complete in mid-July. E. Request by Council Member Gene Belmares 1. Discussion with possible action on implementing a reverse 9-1-1 system. Jessica Hein reported that the Francisco Meza, Jr., Purchasing Manager, contacted the HGAC Companies. She exhibited the following chart and gave the following recommendation to Council: She recommended Reverse 9-1-1. HGAC Twenty-First Century Communications Standard Pricing Initial Set Up Fee Annual Recurring Fee Additional Usage Outbound Calls Inbound Calls Prepaid Outbound Text Email $ 45,373 $7,000 .20 .23 .18 .05 0 Reverse 911 Communicator! NXTGCW Hosted $25,000 – $50,000 $20,000 – $25,000 0 0 .05 per minute 0 0 Non - HGAC Ever bridge $38,100 $38,900 0 0 0 0 0 Motion to direct staff to prepare an RFP for Reverse 9-1-1 and bring the criteria with a break-even analysis back to Council. Moved: Cm. Belmares Second: Cm. Liendo Espinoza For: 8 Against: 0 Abstain: 0 23 2. Status report with possible action regarding the extension of Shiloh. Cm. Belmares said that the City has 1,200 linear feet left to complete the extension. He emphasized the importance of expediting this project. He asked staff to place this item on the next agenda. Rogelio Rivera, City Engineer, said that he had received a report from the engineer and the plans are complete and they are getting a packet ready to submit to the One Stop Shop. He said that the City needs to obtain two additional parcels. He stated that once the One Stop Shop review is complete staff will be able to go out for bids in the next 45 days. Ronnie Acosta, Community Development Director, said that she anticipated that the City will be able to negotiate the larger parcel of land for the extension this week. She added that they have requested appraisals and will make an offer for the land. Carlos Villarreal, City Manager, encouraged Council to create a motion that will allow staff to include this project to be placed in the proposed COs for the new bond issue so they can return with a funding package. Cm. Belmares said that he would like staff to return to City Council with a method to fund this project. He said that he would be willing to sit down with the Finance Director and staff to let her know what projects he can sacrifice for the next year. F. Request by Mayor Pro-Tempore Jose A. Valdez, Jr. 1. Discussion with possible action regarding the implementation of a traffic signal light at Mines Road (FM 1472) and Verde Road. Roberto Murillo, Traffic Director, reported that City staff must initiate a traffic study and approach TxDOT for their approval. Cm. Valdez directed the City Manager to remind TxDOT that there has been a fatality at the intersection and the residents are very concerned. He further asked staff to return to Council at the next meeting with recommendations. 2. Discussion with possible action to sponsor a free Consumer Expo due to present economic conditions to be held at the Laredo Civic Center. Cm. Valdez said that he has been asked by the Realtor’s Association in conjunction with the Mortgage Companies to sponsor a free Consumer Expo. He said that the Expo should move homes that are currently on the market. He proposed an Expo that will deal with all aspects of purchasing a home. Motion to sponsor a free Consumer Expo due to present economic conditions to be held at the Laredo Civic Center with free rental, free attendance, co-sponsored with the Realtors’ Association and including all local electric provider retailers. Moved: Mayor Pro Tem Valdez Second: Cm. Liendo Espinoza 24 For: 8 Against: 0 Abstain: 0 G. Request by Council Member Cynthia Liendo Espinoza 1. Discussion with possible action on working with Laredo Main Street to create an arts and entertainment district at downtown Laredo. Cm. Liendo Espinoza asked that the Planning and Zoning Department, Community Development, and the Laredo Main Street to meet and initiate a plan on creating an arts and entertainment district in downtown Laredo. She added that she would like for them to discuss the boundaries, an incentive package, and zoning issues and amendments that might need to be create. Motion for Planning and Zoning, Community Development and Laredo Main Street to discuss potential boundaries, incentive packages and zoning issues and amendment that can be created. Moved: Cm. Liendo Espinoza Second: Cm. Garcia For: 8 Against: 0 Abstain: 0 2. Discussion with possible action on organizing a city wide belated welcome home celebration for all the veterans of WW II, Korean War and Vietnam War to be held on Veterans Day November 2009. (Co-sponsored by Council Member Juan Narvaez and Council Member Johnny Rendon) Jesus Cantu thanked the Council member for placing this item on the agenda; however, he asked them not to be specific in recognizing specific war heroes because any veteran should be honored. He said that they did not want to eliminate the Gulf War veterans or the returning veterans that are returning from Operation Iraqi Freedom. He also expressed his concern for the lack of flags to be provided to fallen veterans at the cemetery. He stated that there are a total of 3,700 fallen heroes. Cm. Garcia stated that he would pay for the flags from his discretionary funds. Motion to approve by taking cost from discretionary funds with the amendment to include all veterans. Moved: Cm. Liendo Espinoza Second: Mayor Pro Tem Valdez For: 8 Against: 0 XIII. EXECUTIVE SESSION The City Council hereby reserves the right to go into executive session at any time during this public meeting, if such is requested by the City Attorney or other legal counsel for the City, pursuant to his or her duty under Section 551.071(2) of the Government Code, to consult privately with his or her client on an item on the agenda, or on a matter arising out of such item. 25 Abstain: 0 29. Request for executive session pursuant to Texas Government Code Section 551.072 in order to deliberate the value of Lot 3A, Block 1004, Modern Industrial Park, Section 2, II, City of Laredo. Motion to go into executive session pursuant to Texas Government Code Section 551.072 in order to deliberate the value of Lot 3A, Block 1004, Modern Industrial Park, Section 2, II, City of Laredo. Moved: Cm. Belmares Second: Cm. Garcia For: 8 Against: 0 Abstain: 0 After executive session, Mayor Raul Salinas announced that no formal action was taken. XIV. ADJOURN AS THE LAREDO MASS TRANSIT BOARD AND RECONVENE AS THE LAREDO CITY COUNCIL AND ADJOURN Motion to adjourn as the Laredo Mass Transit board and reconvene as the Laredo City Council and Adjourn. Moved: Cm. Garcia Second: Cm. Narvaez For: 8 Against: 0 Abstain: 0 I, Gustavo Guevara, Jr., City Secretary, do hereby certify that the above and foregoing is a true and correct copy of the minutes contained in pages 01 to 26 and they are true, complete, and correct proceedings of the City Council meeting held on May 4, 2009. ______________________________ Gustavo Guevara, Jr. City Secretary 26