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CITY OF LAREDO CITY COUNCIL MEETING M-2012-R-19 CITY COUNCIL CHAMBERS 1110 HOUSTON STREET LAREDO, TEXAS 78040 OCTOBER 15, 2012 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, Mayor Mike Garza, Council Member, District I Alejandro Perez, Jr. Council Member, District III Juan Narvaez, Council Member, District IV Johnny Rendon, Council Member, District V Cynthia Liendo Espinoza, Mayor Pro Tempore, District VIII Gustavo Guevara, Jr., City Secretary Carlos Villarreal, City Manager Cynthia Collazo, Deputy City Manager Horacio De Leon, Assistant City Manager Jesus Olivares, Assistant City Manager Raul Casso, City Attorney IV. MINUTES Approval of the minutes of October 1, 2012. Motion to approve the October 1, 2012 minutes. Moved: Cm. Rendon Second: Cm. Perez For: 4 Against: 0 Abstain: 0

CITY OF LAREDO - Laredo, Texas · Johnny Rendon , Council ... Toni Gamboa and Victor Estrada extended an invitation to the ... of the City of Laredo by authorizing a Conditional Use

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CITY OF LAREDO

CITY COUNCIL MEETING

M-2012-R-19

CITY COUNCIL CHAMBERS

1110 HOUSTON STREET

LAREDO, TEXAS 78040

OCTOBER 15, 2012

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, Mayor

Mike Garza, Council Member, District I

Alejandro Perez, Jr. Council Member, District III

Juan Narvaez, Council Member, District IV

Johnny Rendon, Council Member, District V

Cynthia Liendo Espinoza, Mayor Pro Tempore, District VIII

Gustavo Guevara, Jr., City Secretary

Carlos Villarreal, City Manager

Cynthia Collazo, Deputy City Manager

Horacio De Leon, Assistant City Manager

Jesus Olivares, Assistant City Manager

Raul Casso, City Attorney

IV. MINUTES

Approval of the minutes of October 1, 2012.

Motion to approve the October 1, 2012 minutes.

Moved: Cm. Rendon

Second: Cm. Perez

For: 4 Against: 0 Abstain: 0

2

Citizen comments

Toni Gamboa and Victor Estrada extended an invitation to the Laredo community for two

events, a luncheon and dinner event open to the public, on November 1, 2012, featuring

Juan Manuel ‘El Dinamita’ Marquez to promote his upcoming boxing match in

December.

Ray Ayala, with other members of the District 5 Committee members, were present to

honor Cm. Johnny Rendon for his service to the community and constituents of District

5, and to present him with a commemorative plaque.

V. APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES

a. Appointment by Council Member Alejandro Perez of Ms. Mytra Piña to the Ethics

Commission.

Motion to confirm the nomination of Mirta Piña to the Ethics Commission.

Moved: Cm. Rendon

Second: Cm. Garza

For: 5 Against: 0 Abstain: 0

VI. PUBLIC HEARINGS

1. Public hearing and introductory ordinance authorizing the City Manager to enter

into contract with the Texas Health and Human Services Commission (HHS) and

amending the City of Laredo Health Department FY 2012-2013 budget by

appropriating revenues and expenditures in the amount of $497,023.00 with an in-

kind match of $49,702.00 for a total of $546,725.00 for continuation of the Nurse-

Family Partnership (NFP) for the City of Laredo Health Department (CLHD) to

provide evidence-based nurse home visitation for first-time mothers and their

children for the period beginning September 1, 2012 through August 31, 2013.

Continuation of this program will be contingent on funding availability. (Approved

by Operations & Finance Committees)

Motion to open the public hearing.

Moved: Cm. Rendon

Second: Cm. Garza

For: 5 Against: 0 Abstain: 0

There was no public input.

Motion to close the public hearing and introduce.

Moved: Cm. Rendon

Second: Mayor Pro Tem Liendo Espinoza

For: 5 Against: 0 Abstain: 0

3

Ordinance Introduction: City Council

2. Public hearing and introductory ordinance amending the City of Laredo Health

Department FY 2012-2013 full time equivalent positions (FTES) by creating one

(1) additional FTE position funded by the Public Health Emergency Preparedness

Grant of the City of Laredo Health Department. This aligns positions as required

through the Texas Department of State Health Services (DSHS). (Approved by

Operations Committee)

Motion to open the public hearing.

Moved: Mayor Pro Tem Liendo Espinoza

Second: Cm. Garza

For: 5 Against: 0 Abstain: 0

There was no public input.

Motion to close the public hearing and introduce.

Moved: Mayor Pro Tem Liendo Espinoza

Second: Cm. Garza

For: 5 Against: 0 Abstain: 0

Ordinance Introduction: City Council

3. Public hearing and introductory ordinance accepting a grant from the South Texas

Development Council (STDC) in the amount of $40,000.00 with no matching

funds, and amending the City of Laredo’s FY 2012-2013 annual budget for the

Environmental Services Department by appropriating said grant revenue to the

appropriate expenditure accounts. Funds will be used to purchase used oil

recycling containers to be distributed to the citizens of Laredo, in order to further

promote the City’s used oil recycling program. Additionally this grant will fund

the purchase of a bulk used oil container and advertising. (Approved by Operations

Committee)

Motion to open the public hearing.

Moved: Cm. Garza

Second: Cm. Rendon

For: 5 Against: 0 Abstain: 0

There was no public input.

Motion to close the public hearing and introduce.

Moved: Cm. Rendon

Second: Cm. Narvaez

For: 5 Against: 0 Abstain: 0

4

Ordinance Introduction: City Council

4. Public hearing and introductory ordinance amending the City of Laredo Fiscal Year

2013 Capital Improvements Fund budget to appropriate revenues and expenditures

in the amount of $2,846,994.00. Revenues are derived from a settlement received

from Hanover Insurance Company. Expenditures will be appropriated as follows:

$1,436,994.00 for the Northwest Community Center Project and $1,410,000.00 for

the South Laredo Library Project.

Motion to open the public hearing.

Moved: Cm. Garza

Second: Cm. Rendon

For: 5 Against: 0 Abstain: 0

There was no public input.

Motion to close the public hearing and introduce.

Moved: Cm. Garza

Second: Cm. Rendon

For: 5 Against: 0 Abstain: 0

Ordinance Introduction: City Council

5. Public hearing and introductory ordinance amending Chapter 11 Electricity of the

Code of Ordinances of the City of Laredo by amending section:

11-2 of the Laredo Code of Ordinance by adopting, with modification and

amendments, the 2011 edition of the National Electrical Code of the National Fire

Protection Association.

providing a saving clause; providing for severability clauses; and providing an

effective date. (Approved by Operations Committee)

Motion to open the public hearing.

Moved: Mayor Pro Tem Liendo Espinoza

Second: Cm. Rendon

For: 5 Against: 0 Abstain: 0

There was no public input.

Motion to close the public hearing and introduce.

Moved: Cm. Rendon

Second: Mayor Pro Tem Liendo Espinoza

5

For: 5 Against: 0 Abstain: 0

Ordinance Introduction: City Council

6. Public hearing and introductory ordinance amending Chapter 25 of the Code of

Ordinance of the City of Laredo, entitled Plumbing by amending section:

25-3 thereby adopting the 2012 edition of the International Plumbing Code,

25-6 International Fuel Gas Code, thereby adopting the 2012 edition of the

International Fuel Gas Code,

25-7 Private Disposal Code, thereby adopting the 2012 edition of the

International Private Sewage Disposal Code;

and repealing all ordinances and/or parts of ordinance in conflict therewith;

providing for publication and effective date. (Approved by Operations Committee)

Motion to open the public hearing.

Moved: Mayor Pro Tem Liendo Espinoza

Second: Cm. Narvaez

For: 5 Against: 0 Abstain: 0

There was no public input.

Motion to close the public hearing and introduce.

Moved: Cm. Garza

Second: Cm. Rendon

For: 5 Against: 0 Abstain: 0

Ordinance Introduction: City Council

7. Public hearing and introductory ordinance amending Chapter 12 Fire Prevention

and Protection of the Code of Ordinances by amending Section 12-2 to adopt the

2012 edition of International Fire Code with the following amendments:

1. Section 507.5.1 where required. Fire hydrants shall be provided along

public and private streets at every 300 feet for commercial development and

every 500 feet for residential development, and where a portion of the

facility or building hereafter constructed or moved into or within the

jurisdiction is more than 400 feet ( 122 m) from a hydrant on a fire

apparatus access road, as measured by an approved route around the

exterior of the facility or building, on-site fire hydrants and mains shall be

provided where required by the fire code official.

6

Exceptions:

1. Fire Group R-3 and Group “U” occupancies, the distance requirement

shall be 600 feet (183m).

2. For buildings equipped throughout with an approved automatic sprinkler

system installed in accordance with section 903.3.1.1 or 903.3.1.2, the

distance requirement shall be 600 feet (183m).

2. Section 507.5.7 marking of fire hydrant locations. Raised blue pavement

markers shall be provided on public and private streets to indicate the

locations of fire hydrants. These markers shall be placed just off center to

the side the fire hydrant is located.

3. Section 903.2 where required. Approved automatic sprinkler systems in

new buildings and structures shall be provided in any building regardless of

occupancy type in which the total fire areas within the exterior walls exceed

12,000 square feet, and shall also be provided in the locations described in

sections 903.2.1 through 903.2.12.

Exceptions: spaces or areas in telecommunications buildings used

exclusively for telecommunications equipment, associated electrical power

distribution equipment, batteries and standby engines, provided those

spaces or areas are equipped throughout with an automatic smoke detection

system in accordance with section 907.2 and are separated from the

remainder of the building by not less than 1-hour fire barriers constructed in

accordance with section 707 of the International Building Code or not less

than 2-hour horizontal assemblies constructed in accordance with Section

711 of the International Building Code, or both.

4. Section 903.2.8 Group “R” an automatic sprinkler system installed in

accordance with section 903.3 shall be provided throughout all buildings

with a group “R” fire area.

Exception: an automatic sprinkler system is not required in Group R-2

apartment houses with a maximum dwelling of four units in which the units

are subdivided into groups of two by a vertical fire wall with a fire rating of

no less than two hours.

5. Section 903.3.1.2.2 breezeways. Sprinkler protection shall be provided in

breezeways of group r occupancies where buildings are of type five

construction.

providing a severability, savings, repealing, and penalty clause; establishing

an effective date; and providing for publication. (Approved by Operations

Committee)

7

Motion to open the public hearing.

Moved: Mayor Pro Tem Liendo Espinoza

Second: Cm. Garza

For: 5 Against: 0 Abstain: 0

There was no public input.

Motion to close the public hearing and introduce.

Moved: Cm. Garza

Second: Mayor Pro Tem Liendo Espinoza

For: 5 Against: 0 Abstain: 0

Ordinance Introduction: City Council

8. Public hearing and introductory ordinance amending Chapter 7 of the Code of

Ordinance in order to adopt the 2012 version of FIVE (5) codes:

1. Amending Section 7-1 by adopting the 2012 edition of the International

Building Code;

2. Amending Section 7-4 by adopting the 2012 edition of the International

Mechanical Code;

3. Amending Section 7-7 by adopting the 2012 edition of the International

Residential Code except for Section R313.2 One and Two Family Dwelling

Automatic Fire Sprinkler Systems. Which is prohibited by State Law

SB1410 Section 12, which became law on September 1, 2009;

4. Amending Section 7-8 by adopting the 2012 edition of the International

Property Maintenance Code;

5. Amending section 7-10 by adopting the 2012 edition of the International

Existing Building Code;

and providing for an effective date. (Approved by Operations Committee)

Motion to open the public hearing.

Moved: Mayor Pro Tem Liendo Espinoza

Second: Cm. Rendon

For: 5 Against: 0 Abstain: 0

There was no public input.

8

Motion to close the public hearing and introduce.

Moved: Cm. Rendon

Second: Cm. Garza

For: 5 Against: 0 Abstain: 0

Ordinance Introduction: City Council

9. Public hearing and introductory ordinance amending the Zoning Ordinance (Map)

of the City of Laredo by authorizing a Special Use Permit for the storage of

flammable and explosive products on Lot 5, Block 2, Las Lomas Industrial Park

Phase I, located at 109 South Aviators Road; providing for publication and

effective date.

Staff is in support of the application and the Planning & Zoning Commission

recommends approval of the Special Use Permit. District II

Motion to open the public hearing.

Moved: Cm. Garza

Second: Cm. Rendon

For: 5 Against: 0 Abstain: 0

There was no public input.

Motion to close the public hearing and introduce.

Moved: Cm. Rendon

Second: Mayor Pro Tem Liendo Espinoza

For: 5 Against: 0 Abstain: 0

Ordinance Introduction: Cm. Rendon

10. Public hearing and introductory ordinance amending the Zoning Ordinance (Map)

of the City of Laredo by authorizing a Conditional Use Permit for a thrift store on

Lots 5 and 7, Block 169, Western Division, located at 1020 Santa Maria Avenue;

providing for publication and effective date.

Staff is in support of the application and the Planning & Zoning Commission

recommends approval of the Conditional Use Permit. District VIII

Motion to open the public hearing.

Moved: Cm. Rendon

Second: Mayor Pro Tem Liendo Espinoza

For: 5 Against: 0 Abstain: 0

There was no public input.

9

Motion to close the public hearing and introduce.

Moved: Mayor Pro Tem Liendo Espinoza

Second: Cm. Rendon

For: 5 Against: 0 Abstain: 0

Ordinance Introduction: Mayor Pro Tem Liendo Espinoza

11. Public hearing and introductory ordinance amending the Zoning Ordinance (Map)

of the City of Laredo by authorizing a Conditional Use Permit for an amusement

redemption machine establishment on Lots 1 and 10 and a portion of Lots 2, 8 and

9, Block 281, Western Division, located at One South Main Avenue, 15th

Floor;

providing for publication and effective date.

Staff is in support of the application and the Planning & Zoning Commission

recommends approval. District VIII

Motion to open the public hearing.

Moved: Cm. Garza

Second: Mayor Pro Tem Liendo Espinoza

For: 5 Against: 0 Abstain: 0

There was no public input.

Motion to close the public hearing and introduce.

Moved: Mayor Pro Tem Liendo Espinoza

Second: Cm. Rendon

For: 4 Against: 0 Abstain: 1

Cm. Navaez

Ordinance Introduction: Mayor Pro Tem Liendo Espinoza

VII. INTRODUCTORY ORDINANCES

12. Ratifying the execution of easement document for the conveyance to AEP Texas

Central Company a 10 ft. wide easement containing 1,273.87 sq. ft. out of Block 2

of the Laredo International Airport Subdivision Plat, City of Laredo, Texas, as

recorded in Volume 5, Page 1, Plat Records of Webb County, Texas. Said

easement being more particularly described by boundary survey and metes and

bounds in attached Exhibit A. This easement is being requested to provide for a

new electrical line extension to the Municipal Animal Shelter within the Airport

property and providing for effective date. (Approved by Operations Committee)

Ordinance Introduction: City Council

10

13. An ordinance of the governing body of the City of Laredo, Texas, authorizing the

execution and delivery of an equipment lease/purchase agreement with respect to

the acquisition, purchase, financing and leasing of certain equipment for the public

benefit; authorizing the execution and delivery of documents required in connection

therewith; and authorizing the taking of all other actions necessary to the

consummation of the transactions contemplated by this ordinance; and declaring an

effective date.

Ordinance Introduction: City Council

VIII. FINAL READING OF ORDINANCES

Motion to waive the final readings of Ordinances 2012-O-173, 2012-O-174, 2012-O-

175, and 2012-O-176.

Moved: Cm. Garza

Second: Cm. Rendon

For: 5 Against: 0 Abstain: 0

14. 2012-O-173 Amending the City of Laredo FY 2013 Noise Abatement Lease

Program Budget by transferring the sum of $500,000.00 and

appropriating said sum in the Airport Construction Budget. The

transfer will fund the required ten (10) percent local match towards

Federal Aviation Administration “FAA” Grant(s) for the

construction of the new Airport Rescue & Fire Fighting Station,

Noise Abatement, and other Airport projects; and authorizing the

City Manager to implement said budget amendment.

Motion to adopt Ordinance 2012-O-173.

Moved: Cm. Garza

Second: Cm. Rendon

For: 5 Against: 0 Abstain: 0

2012-O-174 Amending the City of Laredo FY 2013 Airport Construction Budget

to recognize additional revenues from a grant received from the

Federal Aviation Administration Airport Improvement Program

being Grant Project No. 3-48-0136-73-12 in the amount of

$4,500,000.00 for construction of the Airport Rescue and Fire

Fighting Station at the Laredo International Airport and

appropriating said grant revenue and local match to the appropriate

expenditure accounts and authorizing the City Manager to

implement said budget amendment. The City’s local match of ten

(10%) percent in the amount of $500,000.00 is available in the

Airport Construction Fund.

Motion to adopt Ordinance 2012-O-174.

11

Moved: Cm. Garza

Second: Cm. Rendon

For: 5 Against: 0 Abstain: 0

2012-O-175 Authorizing the City Manager to enter into contract with the United

States Health and Human Services (HHS) Food and Drug

Administration (USFDA), amending the FY 2012-2013 annual

budget by appropriating revenues and expenditures in the amount of

$100,000.00 and amending the FY 2011-2012 full time equivalent

position listing (FTES) by creating one (1) Sanitarian III position

and one (1) Public Health Technician position for the City of Laredo

Health Department (CLHD) to enhance capacity and workforce

development in food safety management to reduce public health

threats associated with inappropriate food management, storage,

illegal food entry and illegal food vending for the period beginning

September 10, 2012 through June 30, 2013. (AS AMENDED)

Motion to adopt Ordinance 2012-O-175.

Moved: Cm. Garza

Second: Cm. Rendon

For: 5 Against: 0 Abstain: 0

2012-O-176 Public hearing and consideration to close, as a public easement, the

platted unopened section of Meadow Avenue between Norton and

Bayard Streets, shown in Exhibit “A”, and authorizing the City

Manager to convey the “Surface Only” of said street section in fee

simple title to Rafael R. Gomez, Mary Furrh Gomez and Molly E.

Gomez, in exchange for their conveyance of the following properties

legally described as follows:

1. Lots 2, 3, 4, 5, 6 and 7, Block 1046,

2. Lots 1, 2 and 7, Block 1045,

3. Lots 2 and 7, Block 1044,

All being situated in the Eastern Division, City of Laredo, County of

Webb and, being depicted on attached Exhibit “B”; and providing

for a payment of $1,000.00 to the City of Laredo for the difference in

value of the properties to be exchanged and approving the submitted

Post-Closure Property Improvement Plan described on Exhibit “C”,

which is in compliance with Section 10 of the Street Closing/Sales

Policy Handbook and providing for an effective date.

Motion to adopt Ordinance 2012-O-176.

Moved: Cm. Garza

Second: Cm. Rendon

For: 5 Against: 0 Abstain: 0

12

IX. RESOLUTIONS

15. 2012-R-087 Amending Resolution no. 2012-R-001 by adding one (1) additional

Memorandum of Understanding to the list of Cooperative Working

Agreements/Mutual Assistance Agreements/Memorandums of

understanding between the City of Laredo Police Department and

various federal, state and local agencies, including by not limited to:

Drug Enforcement Administration (DEA), Federal Bureau of

Investigations (FBI), SCAN, STCADA, et al., a comprehensive list is

attached hereto as “Exhibit A”. The Police Department’s

participation is part of the community service provided to our

citizens, with no cost to the City of Laredo. (Approved by

Operations Committee)

Motion to approve Resolution 2012-R-087.

Moved: Mayor Pro Tem Liendo Espinoza

Second: Cm. Garza

For: 5 Against: 0 Abstain: 0

X. MOTIONS

16. Authorizing the City Manager to execute a contract with Laredo Main Street in the

amount of $50,000.00 for FY 2012-2013 in support of the Laredo Main Street

Program. Funding is available in the Hotel-Motel Fund.

Motion to approve.

Moved: Cm. Garza

Second: Cm. Rendon

For: 5 Against: 0 Abstain: 0

17. Authorizing the City Manager to execute a contract with the Laredo Development

Foundation in the amount of $273,394.00 for FY 2012-2013. Funding is available

in the General Fund in the amount of $206,754.00, and the Bridge Fund in the

amount of $66,640.00.

Motion to approve with correction of $190,094, instead of $206,754, in the

General Fund; and $83,300, instead of $66,640, in the Bridge Fund.

Moved: Cm. Garza

Second: Cm. Rendon

For: 5 Against: 0 Abstain: 0

18. Authorizing the City Manager to execute individual contracts with the following

Hotel/Motel Tax Fund Recipients totaling $439,960.00 for FY 2012-2013.

Funding is available in the Hotel/Motel Tax Fund.

13

Border Olympics

$80,000.00

Chamber of Commerce/Cola Blanca

$25,000.00

Laredo Ctr. For The Arts

$150,000.00

Laredo Area Youth Soccer Asso.

$20,000.00

Laredo Phil. Orchestra

$23,400.00

LULAC 7

$2,460.00

Mexican Cultural Institute

$4,100.00

Society of Martha Wash.

$10,000.00

Streets of Laredo

$15,000.00

WBCA

$60,000.00

Webb County Heritage Found.

$50,000.00

Total $439,960.00

Motion to approve.

Moved: Cm. Garza

Second: Cm. Rendon

For: 5 Against: 0 Abstain: 0

19. Authorizing the City Manager to execute individual contract with the following

Third Party Funding Recipients, totaling $318,725.00 for FY 2012-2013. Funding

is available in the General Fund:

Area Health Ed. Ctr

$9,000.00

BEST

$5,000.00

Bethany House

$21,000.00

BigBrother/Sister So. TX

$2,000.00

BANC

$28,400.00

Boys’ & Girl’s Clubs

$20,000.00

Boys Scouts of America

$2,000.00

Casa de Misericordia

$16,000.00

Children’s Advocacy Ctr

$27,825.00

Habitat for Humanity

$10,500.00

Imaginarium of So. TX

$7,000.00

Kidney Foundation

$20,000.00

Laredo Amateur Boxing

$5,000.00

Laredo Little Theatre

$4000.00

Laredo Reg. Food Bank

$8,000.00

LISD CrimeStoppers

$4,500.00

Literacy Volunteers

$3,000.00

Sacred Heart Children’s Home

$15,000.00

SCAN

$13,500.00

So. TX Food Bank

$35,000.00

Special Olympics STCADA

14

$7,000.00 $5,000.00

TX Migrant SafeHaven

$10,000.00

Veteran’s Coalition

$40,000.00

Total $318,725.00

Motion to approve.

Moved: Cm. Garza

Second: Cm. Rendon

For: 4 & Mayor Against: 0 Abstain: 1

Mayor Pro Tem Liendo Espinoza

20. Consideration for approval of amendment no. 3, a net increase of $25,000.00 to the

professional services contract with Crane Engineering Corporation, Laredo, Texas,

for additional project management, site inspections, product submittal review, and

coordination caused by construction delays by the contractor for the completion of

the North Merida Drive Extension Project. Current engineering contract amount

with this amendment is $342,600.00. Funding is available from contract liquidated

damages. (Approved by Operations Committee)

Motion to approve.

Moved: Cm. Garza

Second: Mayor Pro Tem Liendo Espinoza

For: 5 Against: 0 Abstain: 0

21. Consideration for approval of amendment no. 2 an increase of $5,852.28 to the

professional services contract with Architect’s Plus, Inc., Laredo, Texas for

upgrades to site lighting, site furnishings, and site landscaping for the El Eden

Community Park Improvements Project. Current engineering contract amount with

this amendment is $48,896.87. Funding is available in the 2008 CO and 2007 CO

Discretionary funds. (Approved by Operations Committee)

Motion to approve.

Moved: Cm. Garza

Second: Mayor Pro Tem Liendo Espinoza

For: 5 Against: 0 Abstain: 0

22. Approving monthly adjustments to the tax roll. The amounts to be adjusted for the

month of September 2012, represent an increase of $90,762.97. These adjustments

are determined by the Webb County Appraisal District and by court orders.

Motion to approve.

Moved: Cm. Garza

Second: Mayor Pro Tem Liendo Espinoza

For: 5 Against: 0 Abstain: 0

15

XI. CONSENT AGENDA

Motion to approve the Consent Agenda.

Moved: Cm. Garza

Second: Mayor Pro Tem Liendo Espinoza

For: 5 Against: 0 Abstain: 0

XI (a) RESOLUTIONS

23. 2012-R-083 Authorizing the City Manager to enter into Supplemental Agreement

no. 1 (Agreement to Contribute Right of Way Funds) with the Texas

Department of Transportation which amends Cuatro Vientos RCSJ

0922-33-109 (1.0 miles south of SH 359 to SH 359) by authorizing

an incremental payment plan of $125,000.00 for eight (8) years and a

final payment in the ninth year of $113,583.39 which said sums

represents the City’s contribution to the cost of right-of-way

acquisition for Cuatro Vientos road. Funding is available in the 2012

C.O. Issue.

24. 2012-R-086 Authorizing the City Manager to accept a grant in the amount of

$25,004.00 from the Texas Department of Transportation for

Enforcement of Commercial Motor Vehicle Selective Traffic

Enforcement Program. The City of Laredo will be required to

provide a match in the amount of $25,650.72 for the program. The

cost to fund the enforcement program will total $50,654.72. The

grant period will begin October 1, 2012 and runs through September

30, 2013. This grant is for overtime salaries.

XI (b) MOTIONS

25. Consideration to ratify the City Manager’s approval of an emergency purchase to

Martinez Brothers Construction of Laredo, Texas, in the amount of $90,330.00.

Said amount includes the original contract amount of $49,990.00 and an additional

area at a cost of $40,340.00 for the pouring of concrete at the Max A. Mandel

Municipal Golf Course. Funding is available in the 2008 CO.

26. Consideration to award a contract to Medapoint in the amount of $51,007.00 to

provide web based subscription and technical support to EMS services, collection,

medical coding, billing and training services for the term of October 1, 2012

through September 30, 2013. Funding is available through the Health Department

Budget for EMS Billing Services.

27. Consideration to accept a Memorandum of Understanding with the County of

Webb for the City of Laredo Health Department to participate in the Regional

16

Healthcare Partnership Health Care Transformation and Quality Improvement 1115

Waiver which will provide additional funding for the Health Department to provide

preventive health care, reduce hospitalization and indigent care costs.

28. Ratifying City Manager’s acceptance of a grant in the amount of $269,500.00 from

the Railroad Commission of Texas’ Alternative Fuel Fleet Pilot Program funded by

the Department of Energy (DOE) through the American Recovery and

Reinvestment Act (ARRA) for converting twenty five (25) light duty pickup trucks

to operate with a compressed natural gas (CNG) bi-fuel system.

29. Consideration to authorize a contract for converting ten (10) City owned pickup

trucks to operate with a compressed natural gas (CNG) bi-fuel system to Caldwell

Country, Caldwell, Texas, in the total amount of $107,800.00 utilizing BuyBoard

Cooperative Purchasing contract pricing. Funding for this purchase is available

from Railroad Commission of Texas grant funding to the Environmental Services

Department.

30. Consideration to ratify the City Manager’s approval of an emergency purchase

authorization to award a contract to Caldwell Country, Caldwell, Texas, in the

amount of $493,075.00 for the purchase of fifteen (15) 2013 Chevrolet Trucks with

compressed natural gas (CNG) bi-fuel systems. The purchase shall be made

utilizing BuyBoard Cooperative Contract pricing. Funding is available in the State

of Texas Railroad Commission grant funding to the Environmental Services

Department, 2012 PPFCO, Municipal Housing, Solid Waste 2012A Bond and

Waterworks Fund.

31. Consideration for approval of the North Merida Drive Extension Project as

complete, and approval of change order no. 3, a decrease of $84,559.19 for the

balance of quantities actually constructed in place to the construction contract and

includes liquidated damages assessment of $27,200.00 (thirty-two working days @

$850.00/day = $27,200.00) for construction delays, the release of retainage, and

final payment in the amount of $94,563.32 to Whitestone Construction, Ltd.,

Laredo, Texas. Final construction contract amount is $2,350,902.25. Funding is

available in the 2009 C.O. Bond.

32. Award of construction contract to the lowest bidder ALCE Construction, LLC.,

Laredo, Texas, in the base bid amount of $97,986.80 for the CDBG Sidewalks

City-Wide Project No. 43 (25.5 Blocks – District V) with a construction contract

time of sixty (60) working days; and authorizing the City Manager to execute all

related contract documents contingent upon receipt and approval of insurance and

bond documents. Completion date for the project is scheduled for February 2013.

Funding is available in the Community Development 33rd

, 35th

, and 36th

Action

Year.

33. Award of construction contract to the lowest bidder DEH Construction, LLC.,

Laredo, Texas, in the amount of $173,019.50 for the CDBG Sidewalks City-Wide

Project No. 42 (23.5 Blocks – District IV) with a construction contract time of sixty

(60) working days; and authorizing the City Manager to execute all related contract

documents contingent upon receipt and approval of insurance and bond documents.

17

Completion date for the project is scheduled for February 2013. Funding is

available in the Community Development 35th

and 36th

Action Year.

34. Award of construction contract to the lowest bidder Leyendecker Construction Inc.,

Laredo, Texas, in the amount of $3,588,000.00 for the Laredo International Airport

Aircraft Rescue and Fire Fighting Station with a construction contract time of three

hundred sixty-five (365) calendar days; and authorizing the City Manager to

execute all related contract documents contingent upon receipt and approval of

insurance and bond documents. Completion date for the project is scheduled for

October 2013. Funding is available in the Airport Construction Fund FAA Grant

No. 73.

35. Consideration for approval to award a professional services contract to Terracon

Consultants, Inc., Laredo, Texas, in the amount of $47,260.00 to provide

laboratory, sampling and testing services of materials for quality assurance for the

Laredo International Airport Aircraft Rescue and Fire Fighting Station. Contract

time is for the duration of the project. Completion date is scheduled for October

2013. Funding is available in the Airport Construction Fund FAA Grant No. 73.

36. Consideration for approval of amendment no. 2, an increase of $139,200.00 to the

professional services contract with URS Corporation, Dallas, Texas, in association

with Metaform Studio Architects, Laredo, Texas, and Synergy Structural

Engineers, Laredo, Texas, for construction phase services for the Laredo

International Airport Rescue and Fire Fighting Station. Current engineering

contract amount with the amendment is $558,920.34. Funding is available in the

Airport Construction Fund FAA Grant No. 73.

37. Consideration to ratify the City Manager’s approval of amendment no. 2, an

increase of $74,776.05 to the professional services contract with Architects Plus,

Inc., to revise previously approved plans and specifications, identifying,

investigating, surveying, and documenting partially completed and abandoned

improvements for the South Laredo Library Project. Also included is the bidding

phase, construction administration phase for the construction completion of this

project. Current engineering contract amount with this amendment is $461,934.05.

Funding is available in the 2008 C.O. Bond.

38. Consideration for approval of the El Eden Community Park Improvements Project

as complete, and approval of change order no 2, a net decrease of $6,505.60 for the

balance of quantities actually constructed in place and to add thirty-one (31)

working days to the construction contract time to perform the additional work for

upgrades in the lighting system luminaires, site furnishings, and landscaping, and

for release of retainage and approval of final payment in the amount of $44,599.17

to DEH Construction, LLC., Laredo, Texas. Final construction contract amount is

$445,992.19. Funding is available in the 2005 C.O. Issue.

39. Consideration to authorize the purchase of fifty-seven thousand (57,000)

recycle/refuse carts and 2,940 green garbage/refuse carts from Toter Inc.

Statesville, NC, through the State of Texas - Cooperative Purchasing Program’s

18

Contract Pricing, in the total amount of $3,047,273. Funding is available from the

Solid Waste Services Department budget.

40. Consideration to award contract number FY12-097 for providing temporary

contract employees to the following bidders:

1. Staff Force, Laredo, Texas, as the primary vendor; and

2. RM Personnel, Laredo, Texas, as the secondary.

Contracts will be awarded to a primary and secondary vendor in order to provide

the City of Laredo with a quality labor pool for those departments that might

require temporary staff members throughout the fiscal year. All bids were

evaluated utilizing a best value evaluation grading system. All services will be

secured on an as needed basis and the estimated contract amount for this fiscal year

would be approximately $3,000,000.00. Funding is available in the respective

departmental budgets.

41. Consideration for approval of change order no. 8 in the amount of $266,286.00 to

Pepper-Lawson Construction L.P. in Katy, Texas, for the Jefferson Street Water

Treatment Plant 65-mgd Process and Electrical Upgrade. This change order is

required to enhance and upgrade existing facilities. The total contract amount is at

$36,915,091.58. Funding is available in the 2011 Water Bond—Jefferson WTP

and is subject to Texas Water Development Board approval.

42. Authorizing the City Manager to amend the Construction Engineering Phase

Services and Project Management Contract with Dannenbaum Engineering Co.—

Laredo, L.L.C., in the amount of $538,947.46, for a total of $2,704,327.30,

increasing the time of the contract from 26 to 30 months and adding one (1)

engineer for the new 20 MGD El Pico Water Treatment Plant in northwest Laredo.

Funding is available in the 2009 and 2010 Utility Water Bond.

43. Consideration to award annual supply contract number FY 12-095 to Arguindegui

Oil, in the estimated annual amount of $5,500,000.00 for the purchase of unleaded

and diesel fuel for the City’s automotive fleet. This vendor is being recommended

for a contract award utilizing a best value evaluation format. Funding is available

in the Fleet Maintenance Fund.

XII. GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS

44. A. Request by Council Member Mike Garza

1. Discussion with possible action regarding criminal activity at City parks.

Acting Police Chief Gilberto Navarro reported that a plan of action has been

implemented to address criminal activity at City parks. He stated that, to date,

there have been 8,000 patrol visits to various City parks.

19

2. Discussion with possible action on compliance of third party funding contracts.

Cm. Garza stated that he received information concerning third party contracts

and asked Ronnie Acosta, Director of Community Development, to explain

how third party contracts work.

Community Development Director Ronnie Acosta reported that all monies

awarded via third party contracts are released on a reimbursement basis and

discussed the various timeframes for reimbursement requests used by third

party contractors, as services are provided.

Cm. Garza asked if third party contracts were being audited, as funds are drawn

down. Upon finding that, currently, the third party contracts are not being

audited, Cm. Garza requested that City Manager Villarreal institute a schedule

for auditing a sample of these contracts to ensure that services are being

delivered as promised.

3. Presentation by UISD Fine Arts Director Mr. Javier Vera, on the UIL G 5A

Marching Band Competition scheduled for Saturday, October 27th

at the

Student Activity Complex (SAC), with possible action.

Mr. Javier Vera announced that UISD will be hosting its first UIL Marching

Band Competition Saturday, October 27, 2012. Mr. Vera wanted to make the

City Council aware of the potential for overcrowding and also the opportunity

for economic benefit.

Mayor Pro Tem Liendo Espinoza informed the Council that various City and

Emergency Services Departments are participating in coordination with

TxDOT and UISD staff to accommodate the high level of traffic expected with

this event.

4. Presentation by UISD Communications Department on support of Pink Gloves

Program for the students and staff at United High School.

Susan Carlson, Director of Instructional Television for United ISD, informed

the City Council that the UISD Pink Glove Dance video produced by UISD

students is competing against 260 other videos in a contest sponsored by

Medline surgical glove company. UISD is requesting that all City Council

members, City employees and the community go online and vote for their

video, via Facebook, to assist the students and staff of UISD in winning. This

would enable them to make a generous donation to a local Breast Cancer

charity.

B. Request by Council Member Esteban Rangel

1. Presentation by David Vasquez “Kash Kasanova” regarding Oktoberfest 2012

to be held on Saturday, October 20th

, with possible action.

20

David Vasquez issued an invitation for the City Council, and the community, to

attend the first annual Oktoberfest, October 20, 2012 at LIFE Pavilion.

Oktoberfest will be a celebration of beer and German culture. Mr. Vasquez

requested that Solid Waste provide trash cans for the event and a monetary

donation from the City Council or CVB support for the festival.

C. Request by Council Member Alejandro “Alex” Perez

1. Status update on the Cigarroa Building, with possible action.

City Manager Carlos Villareal stated that a contractor is scheduled to proceed

once funding for materials has been provided. Approximately $175,000 was

negotiated to be available to the contractor for a liquidated damages issue that

exists at the building.

Cm. Alejandro Perez stated that an estimate of $300,000 was estimated for this

project. He added that $100,000 is budgeted to come from his discretionary

funds, as well as an amount, to be negotiated, from the property owner.

City Manager Carlos Villareal requested a meeting between himself, Cm.

Perez, the contractor, and the property owner, to discuss the source of funding

for the balance of construction costs and to negotiate the amount of funding to

come from the owner.

2. Discussion with possible action on placing a police workstation at the Cigarroa

Building located at 1502 Logan Avenue.

City Manager Carlos Villareal has committed to meeting with the Chief of

Police to discuss the feasibility of installing of a Police Substation in the

Cigarroa Building.

Cm. Alejandro Perez made a motion to schedule a meeting between the City,

the contractor and the building owner to discuss repairs to the building.

Moved: Cm. Perez

Second: Cm. Garza

For: 5 Against: 0 Abstain: 0

D. Request by Council Member Juan Narvaez

1. Presentation by Mr. Ed Bueno, Constable Rudy Rodriguez and other members

of the LULAC Council 12 regarding the Tejano Achievers event to be held

October 25, 2012 at 7:00 p.m. at the Laredo Country Club.

Mr. Ed Bueno stated that the membership of LULAC Council 12 wished to

announce Cm. Juan Narvaez as one of the recipients of the Tejano Achievers

for 2012, for his service to the community and its youth. Mr. Bueno invited the

community to join LULAC Council 12 at its even on October 25 to witness the

presentation and official recognition of Cm. Narvaez.

21

2. Presentation by Arturo Davalos regarding a boxing event to be held October 20,

2012 at the Laredo Civic Center.

Members of the youth boxers of Davalos Gym invited the Mayor, City Council

and the community to a 25-bout event at Davalos Gym on Saturday, October

20, 2012, in an effort to raise funds for youth scholarships.

XIII. STAFF REPORTS

45. Discussion with possible action to consider a second request for an extension of

Injury Leave with pay in accordance with 143.073 (b) of the Texas Local

Government Code for Police Lieutenant Jaime Ramon.

Motion to approve 60 work days.

Moved: Mayor Pro Tem Liendo Espinoza

Second: Cm. Rendon

For: 4 Against: 0 Abstain: 0

46. Discussion with possible action to consider a first request for an extension of Injury

Leave with pay in accordance with 143.073 (b) of the Texas Local Government

Code for Patrol Officer Jose L. Reyes, Jr.

Motion to approve 260 work days.

Moved: Cm. Narvaez

Second: Cm. Rendon

For: 4 Against: 0 Abstain: 0

47. Discussion with possible action to consider a first request for an extension of Injury

Leave with pay in accordance with 143.073 (b) of the Texas Local Government

Code for Police Sergeant Ernesto X. Flores.

Motion to approve 90 work days.

Moved: Mayor Pro Tem Liendo Espinoza

Second: Cm. Rendon

For: Against: Abstain:

XIV. EXECUTIVE SESSION

None.

XV. ADJOURNMENT

22

Motion to adjourn.

Moved: Mayor Pro Tem Liendo Espinoza

Second: Cm. Rendon

For: 5 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 22 and they are true,

complete, and correct proceedings of the City Council meeting held on October 15,

2012.

______________________________

Gustavo Guevara, Jr.

City Secretary