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City of Laredo s5

CITY OF LAREDO CITY COUNCIL MEETING M2009-R-06 CITY COUNCIL CHAMBERS 1110 HOUSTON STREET LAREDO, TEXAS 78040 April 6, 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 Salinas led in the Pledge of Allegiance.

III. ROLL CALL

In attendance:

Raul G. Salinas, Mayor Mike Garza, Council Member, District I Hector Garcia, Council Member, District II Mike Landeck, Council Member, District III Juan Narvaez, Council Member, District IV Johnny Rendon, Council Member, District V Gene Belmares, Council Member, District VI Jose A.Valdez, Jr., Mayor Pro Tem, District VII Cynthia Liendo Espinoza, Council Member, 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

Motion to excuse Cm. Landeck.

Moved: Cm. Belmares Second: Mayor Pro Tempore Valdez For: 6 Against: 0 Abstain: 0

Cm. Garza not present.

IV. MINUTES

Approval of the minutes of March 16, 2009. Motion to approve.

Moved: Cm. Garcia Second: Cm. Belmares For: 6 Against: 0 Abstain: 0

V. COMMUNICATIONS AND RECOGNITIONS

Cm. Liendo Espinoza said that she felt that the trip to Washington, D. C. was very productive. She noted that they met with officials that advised them how to obtain funding for the City of Laredo. She said that the City of Laredo staff delegate stressed to Washington officials that Laredo is a unique border city with special issues. She continued by saying that she accompanied Dr. Gonzalez and assisted in addressing health issues that affect the border.

Mayor Pro Tempore Valdez congratulated the Sister Cities Youth Committee on a successful press release regarding their first annual golf tournament. He said that the students have been very active in the community. He asked the viewing public to attend the students’ fundraiser or donate funds to assist the students in reaching their goal to travel abroad.

Cm. Belmares thanked individuals that participated in the recent kite festival in District VI. He also thanked City staff for preparing for the Washington, D.C. trip. He noted that the vast majority of the meetings in Washington were attended by people that had to listen to what Laredo had to say, including the Department of Homeland Security. He advised that Cm. Liendo Espinoza had the opportunity to talk to the top official of DHS regarding the aerial spraying. He stressed that she would not have been able to express the city’s concerns to the DHS without making the sacrifice of leaving her family and flying to Washington to make our position heard. He further stressed the importance of the Washington trip by giving examples of other large cities throughout Texas and the United States that are traveling to Washington to tap into the federal dollars.

Cm. Rendon noted that he was very moved to be inducted as a Tiger legend. He said that he was honored to have been induced along with Rudy Gonzalez who lost his life in the Vietnam War. He said that Rudy was a very special friend and a great athlete.

Cm. Narvaez said that throughout his business career he abides by a three letter word which is “ASK”, meaning asking, seeking and knocking. He said that when the Washington Delegate travels to Washington D. C. they were asking, seeking and knocking on doors. He pointed out that when he was elected to District IV he was led to do a job for his district and for the City of Laredo and that is what he did when he traveled to Austin and Washington to seek funding. He too stressed that the City of Laredo needs to make a plea for monies in Washington, or the other visiting cities would walk away with the funding.

Cm. Landeck said that he agrees with the importance of traveling to Washington, DC; however, does not approve of sending fifteen to twenty people to seek funding. He stressed the importance of showing a presence but noted that it is time to economize. He also noted that the City has an opportunity to strengthen bonds with Nuevo Laredo by the creation of a new adult baseball league. He said that they had held their first game and it was very

2 successful. He announced that the Santa Fe Renovations in the Santa Fe Park have been finished. He expressed his concern about a trail derailment in his district.

Cm. Garcia invited everyone to attend the James and Maria Luisa Haynes Health and Wellness Center Ground Breaking Ceremony. He too acknowledged that the City of Laredo would not be receiving additional funds if it were not for the Austin and Washington delegations. He recognized and congratulated the City staff who attended the trip.

Dr. Landeck arrived at 5:43 p.m.

Recognitions

a. Recognizing Eloy Vega, City of Laredo Fire Department Public Information Officer, for his heroic CPR response to a 4 year old boy found unconscious in a pool Thursday, March 26, 2009. CPR training is of up most importance in everyone lives.

Mayor and City Council presented Eloy Vega with a Seven Flags Certificate of Recognition.

b. Recognizing the First United Methodist Church of McKinney, Texas for their volunteer work and re-construction of a fence along Ejido St. in South Laredo.

Pastor Peter Aguilar from the First Methodist Church of Laredo accepted the Certificate of Recognition for the First United Methodist Church of McKinney, Texas.

Citizen comments

Danny Gunn commended Council for placing the removal of cane eradication item back on the agenda. He spoke against the herbicide spray noting that it is not a friendly chemical.

Juan Avila asked Council to further research the aerial spraying along the banks of the Rio Grande. He also echoed the Mayor’s words in congratulating the local law enforcement agencies for finding the two girls that had been kidnapped as they visited Nuevo Laredo. He encouraged Council to reach a solution in finding ways to entertaining teenagers so that they will not seek entertainment in Nuevo Laredo.

VI. APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES

a. Appointment by Council Member Juan Narvaez of Juan Cue to the Telecommunications Advisory Committee.

Motion to approve.

Moved: Cm. Belmares Second: Cm. Rendon For: 8 Against: 0 Abstain: 0

b. Appointment by Council Member Juan Narvaez of San Juanita Martinez Hunter to the Historical/ Landmark Board. 3 Motion to approve.

Moved: Cm. Belmares Second: Cm. Rendon For: 8 Against: 0 Abstain: 0

c. Appointment by Council Member Johnny Rendon of Joe Martinez to the Telecommunications Advisory Committee.

Motion to approve.

Moved: Cm. Belmares Second: Cm. Rendon For: 8 Against: 0 Abstain: 0

VII. PUBLIC HEARING

1. Public hearing and introductory ordinance authorizing the City Manager to accept FY 2009 Federal Planning Funds (PL112) in the amount of $8,429.00 and amending the City of Laredo’s FY 2009 General Fund Budget to match PL112’s budget by increasing revenues by $8,429.00 and expenditures by $8,429.00. The PL112 funds come from the 2008-2009 approved Unified Planning Work Program (UPWP).(Approved by the Operations Committee and Finance Committee)

Motion to open the public hearing.

Moved: Cm. Belmares Second: Cm. Rendon For: 8 Against: 0 Abstain: 0

There was no public input.

Motion to close the public hearing and introduce.

Moved: Cm. Garcia Second: Cm. Navaez For: 8 Against: 0 Abstain: 0

Ordinance Introduction: City Council

2. Public hearing and introductory ordinance authorizing the City Manager to amend the FY 2008-2009 Transit Capital Grants Budget in the amount of $1,155,995.00 by appropriating capital funds from the Texas Department of Transportation Vehicle Capital Replacement Grant No. VCR0902(22)042 in the amount of $959,480.00 in state match and $196,515.00 in local match.(Approved by the Operations Committee and Finance Committee)

Motion to open the public hearing.

4 Moved: Cm. Belmares Second: Cm. Garcia For: 8 Against: 0 Abstain: 0

There was no public input.

Motion to close the public hearing and introduce.

Moved: Cm. Belmares Second: Cm. Narvaez For: 8 Against: 0 Abstain: 0

Ordinance Introduction: City Council

3. Public hearing and introductory ordinance amending the City of Laredo FY 2008-2009 budget for the Texas Department of Transportation Reimbursement Agreement for the 2008 Utility Bond by appropriating revenues and project expenditures in an amount not to exceed $714,678.50, which consists of $595,268.25 from the 2008 Water Bond and $119,410.25 from the 2008 Sewer Bond. (Approved by the Operations Committee and the Finance Committee as amended)

Motion to open the public hearing.

Moved: Cm. Garcia Second: Cm. Belmares For: 8 Against: 0 Abstain: 0

There was no public input.

Motion to close the public hearing and introduce.

Moved: Cm. Belmares Second: Cm. Rendon For: 8 Against: 0 Abstain: 0

Ordinance Introduction: City Council

4. Public hearing and introductory ordinance amending the City of Laredo Fiscal Year 2009 Budget by appropriating revenues and expenditures in the amount of $763,873.00 derived from interest earnings for various Certificates of Obligation Bond Funds in order to provide the necessary funding for the Bartlett Extension Project totaling $2,700,000.00. The closing of various project activities totaling $1,279,180.00 plus the appropriation of $763,873.00 will generate the $2,043,053.00 from Certificates of Obligations Bond Series 1998, 2000, 2003, 2005 and 2006. Other funding sources that will finalize the completion of the project include funding from the Environmental Services Bonds, Water and Sewer Bonds, FTA grant and District II ($50,000.00) and District V ($150,000.00) Discretionary Funds. Amounts from these funding sources will be based on the final construction figures. (Approved by the Operations Committee)

Motion to open the public hearing. 5 Moved: Cm. Garcia Second: Cm. Rendon For: 8 Against: 0 Abstain: 0

There was no public input.

Motion to close the public hearing and introduce.

Moved: Cm. Belmares Second: Cm. Rendon For: 8 Against: 0 Abstain: 0

Ordinance Introduction: City Council

5. Public hearing and introductory ordinance authorizing the City Manager to amend the FY 2008-2009 Annual Budget Capital Improvements Fund by appropriating revenues and expenditures in the amount of $12,950.00 and generated through cash payments in lieu of parkland dedication for the construction of Independence Hills Park also known as Vaquillas Park. (Approved by the Operations Committee)

Motion to open the public hearing.

Moved: Cm. Belmares Second: Cm. Rendon For: 8 Against: 0 Abstain: 0

There was no public input.

Motion to close the public hearing and introduce.

Moved: Cm. Garza Second: Mayor Pro Tempore Valdez For: 8 Against: 0 Abstain: 0

Ordinance Introduction: City Council

6. Public hearing and introductory ordinance authorizing the City Manager to accept a grant from the Texas Department of State Health Services-Office of Border Health and amending the City of Laredo Health Department FY 2008-2009 annual budget by appropriating revenues and expenses in the amount of $7,700.00 to support activities of the Los Dos Laredos Council and The Healthy Border 2010 objectives, for the period beginning February 1, 2009 through August 31, 2009. (Approved by the Operations Committee and Finance Committee)

Motion to open the public hearing.

Moved: Cm. Garcia Second: Cm. Liendo Espinoza For: 8 Against: 0 Abstain: 0 6 There was no public input.

Motion to close the public hearing and introduce.

Moved: Cm. Rendon Second: Cm. Narvaez For: 8 Against: 0 Abstain: 0

Ordinance Introduction: City Council

7. Public hearing and introductory ordinance amending Sections 13-23 penalty for violation of article and 13-39 (fees) of Division 2 (license) of Article II (food products establishments) Chapter 13, food and food products, of the code of ordinances by increasing the annual license fee paid by a food establishment (which will continue to be based upon the number of employees in an establishment) as follows:

a.) Two (2) or fewer employees an increasing fee from fifty dollars ($50.00) to seventy ($70.00) dollars;

b.) Two (2) and not more than six (6) employees to increase fee from one hundred dollars ($100.00) to one hundred forty ($140.00) dollars;

c.) Six (6) and not more than ten (10) employees to increase fee from two hundred Dollars ($200.00) to two hundred eighty ($280.00) dollars;

d.) More than ten (10) employees, to increase fee from four hundred dollars ($400.00) to five hundred sixty ($560.00) dollars;

e.) Increasing the meat and seafood markets to increase fee to one hundred dollars ($100.00) to one hundred fifty ($150.00) dollars;

F.) Increasing the “new food products establishment” increase fee of fifty dollars ($50.00) to one hundred ($100.00) dollars;

g.) Increasing a “request for inspection” fee from twenty five dollars ($25.00) to fifty dollars ($50.00);

h.) Establishing a new fee of fifty ($50.00) dollars for late payment of a food license;

i.) A new fee of seventy five ($75.00) dollars for additional follow-up inspections.

All fees will be implemented on January 1, 2010 except for the penalty fee of not less than $300.00 and the re-inspection fee of $75.00 after second inspection effective 60 days following public hearing and introduction; and providing for publication and effective date. (Approved by the Operations Committee and amended by the Finance Committee to include items c. – i. only)

Motion to open the public hearing.

7 Moved: Cm. Garcia Second: Cm. Narvaez For: 8 Against: 0 Abstain: 0

There was no public input.

Motion to close the public hearing and introduce and waive fees for A and B.

Moved: Cm. Rendon Second: Cm. Garcia For: 8 Against: 0 Abstain: 0

Ordinance Introduction: City Council

8. Public hearing and introductory ordinance amending the City of Laredo 2008 Homeland Security Grant annual budget by increasing revenues and expenses by $350,000.00 for a total award amount of $850,000.00 from the 2008 State Homeland Security Grant Sub- Recipient agreement between the City of Laredo and the Texas Division of Emergency Management. Funding received through the grant agreement will be used to acquire a Mobile Command Unit (MCU) to enhance public safety response. The appropriation of said grant revenue and expenditure will account for grant proceeds and equipment purchased through the grant and authorizing the City Manager to implement said budget amendment. The above said grant requires no inkind matching funds. (Approved by the Operations Committee and Finance Committee)

Motion to open the public hearing.

Moved: Cm. Belmares Second: Cm. Rendon For: 8 Against: 0 Abstain: 0

There was no public input.

Motion to close the public hearing and introduce.

Moved: Cm. Belmares Second: Cm. Garcia For: 9 Against: 0 Abstain: 0

Ordinance Introduction: City Council

VIII. INTRODUCTORY ORDINANCES

9. Amending Ordinance No. 2009-O-035 (Granting a ten (10) year easement to the United States of America by and through U.S. Customs and Border Protection over 25.53 acres of City property along the Rio Grande River Bend for the purpose of carrying out the Carrizo Cane Eradication Project of the Laredo Sector of U.S. Border Patrol) to exclude any aerial spraying of any kind of herbicide along the banks of the Rio Grande as part of the eradication project; and authorizing the City Manager to execute the easement, as so amended, in the form and content attached as Exhibit 1, of which Exhibit A of the 8 easement sets forth the description of the 25.53 acres; and authorizing the City Manager to sign a waiver of appraisal in the form attached as Exhibit 2.

Mayor Ramon Garza Barrios, Nuevo Laredo, stated that he is committed to the citizens of Nuevo Laredo and to the community as a whole. He submitted the following letter:

Estimado Comisionado Ruth:

Doy seguimiento a los comunicados de esta Seccion mexicana Nums. CEU 1971/08 y CEU 1372, de fechas 4 de diciembre y 18 septiembre de 2008, respectivamente, asi como al de la Seccion estadounidense Num. US 240/08, de fecha 27 de octubre de 2008, relativos al proyecto del gobierno de Estados Unidos para eliminar el carrizo (arundo donax), en la ribera estadounidense del Rio Bravo en el area de Laredo, Texas, mediante la aplicacion de herbicidas.

Sobre el particular, manifiesto a usted que hemos recibido escritos de preocupacion de las autoridades locales de Nuevo Laredo y del estado de Tamaulipas, por los impactos que la mencionada aplicacion de herbicidas pudiera tener en las fuentes de abastecimiento y en la poblacion de Nuevo Laredo, Tam. Se senala en particular su oposicion a la aplicacion del herbidida foliar, denominado Glifosfato o Liazapir, indicando que si bien es cierto que las fichas tecnicas citan que son de baja toxicidad, en altas conventraciones debe mantenerse fuera de drenes, colectores y vias de agua.

Preocupa que en el caso en cuestion, se pretende aplicar a menos de 200 metros (600 pies) de la captacion de la Planta Potbilizadora de Nuevo Laredo, Tam., cuando la aplicacion preventative habla de 800 m de distancia, lo que se convierta en un riesgo a la salud port ser el Rio Bravo la fuente de abastecimiento de agua para uso y consume humano de las habitantes de la poblacion de aguas abajo.

Se reitera la preocupacion porque con la aspersion aerea de estos productos quimicos se corre el riesgo de su dispersion por efecto de los vientos, citando para ello las pruebas realizadas por la Universidad de California, Davis las cuales demostraron que el Gliofosfato puede dispersarse en un area de hasta 400 m durante la aplicacion terreste y de 800 metros en la aplicacion aerea.

A la luz de esta informacion, conforme a lo expresado en nuestro escrito mencionado CEU 01372/08, le reitero nuestra objection al que el referido proyecto piloto de control de malezas acuaticas en las margenes del Rio Bravo utilice herbicidas residuales, y que en su lugar se busquen alternativas que no representen riesgos de contaminacion del agua ni de enfermedades por el consume de la misma.

Finalmente, esta Seccion mexicana considera que si la parte estadounidense procede de manera unilateral a la aplicacion de los herbicidas referidos, se provocara una fuerte reaccion social de la poblacion riberena que se abstece del Rio Bravo Aguas abajo del sitio de aplicacion.

Aprovecho la oportunidad para reiteras a usted la seguidad de mi atenta consideracion,

ING. Luis Antonio Pascon Mendoza, Comisionado Mexicano Interino 9 He also submitted the following Memorandum

Asunto: Reunion al nivel de los Ingenieros Principales de la Comision Internacional de Limites y Aguas entre Mexico y los Estados Unidos, con autoridades de ambos paises, en relacion con la propuesta de aplicar herbicidas en la margen izquierda del Rio Bravo en la zona de ambos Laredos.

Lugar y Nuevo Laredo, Tamaulipas, 24 de marzo de 2009. Fecha De La reunion

Participantes: Se anexa lista de participantes (anexo 1).

Objectivo de Escuchar con mayor detalle la propuesta estadounidense de aplicar La Reunion: herbicida en la margen izquierda del Rio Bravo en la zona de ambos Laredos para erradicar maleza, especialmente carrizo, y a la vez presentar las preocupaciones de la parte mexicana por las implicaciones que para la salud y el medio ambiente pudiera tener tal aplicacion, especialment sobre la calidad de las agues del Rio Bravo.

Oscar Hinojosa, Border Patrol, reported that there was a meeting in Mexico where the Border Patrol agreed to look into herbicide issues. The Mexican officials asked for an official copy of the environmental assessment that was provided to Council. He stated that the International Boundary Water Commission and the SELA have been communicating at their headquarters addressing their concerns. They too would like a chance to review the material that was taken into account.

Dr. Webb said that individuals can be 100% sure that the chemical will not propose any sort of human health or safety risk. As he has said before, the products are widely used and sold at local stores.

Motion to approve the introductory ordinance as amended and the amendment to only include mechanical pulling at this time.

Moved: Mayor Pro Tempore Valdez Second: Cm. Liendo Espinoza For: 7 Against: 1 Abstain: 0 Cm. Belmares

Jay Castro thanked Council for discussing the issue at length. He stated that he is in favor of the above motion because it is a step in the right direction. He said that Laredo does not need the aerial spraying. He mentioned that the Rio Grande Environment Center is not opposed to the eradication or to the application of herbicide; specifically the pate method. The mechanical pulling will disturb the banks and cause tremendous erosion and the carrizo would come back. He noted that there are a lot of errors and they have been accused of misinformation.

10 10. Authorizing the City Manager to execute a lease agreement between the City of Laredo and Laura Salcedo D.B.A. Hot Dog Express for the use of retail space “Suite B” of the “Mercado Square” located at 1000 Hidalgo Street. The lease term is for two (2) years at a rental rate of eight hundred sixteen ($816.00) dollars per month, for the first year, increasing the second year based on the change in 2009 consumer price index and providing for May 1, 2009, as effective date. (Approved by the Operations Committee)

Ordinance Introduction: City Council

11. Authorizing the City Manager to execute all necessary documents to grant an easement to AEP Texas Central Company to install electrical facilities to serve Slaughter Park within Block 707, eastern division. The said easement containing 808.48 sq. ft. being out of lot numbers 5 and 6, Block 707, Eastern Division, City of Laredo, Webb County, Texas and being described on attached Exhibit 1. (Approved by the Operations Committee)

Ordinance Introduction: City Council

IX. FINAL READING OF ORDINANCES

Motion to waive the final readings of Ordinance # 2009-O-045, # 2009-O-046, # 2009-O- 47, # 2009-O-047, # 2009-O-048, # 2009-O-050, # 2009-O-051, # 2009-O-052, and #2009- O-053.

Moved: Cm. Belmares Second: Cm. Garcia For: 8 Against: 0 Abstain: 0

12. 2009-O-045 Amending Chapter 28 Article II entitled “Excavations” of the Laredo Code of Ordinances, Division I, II, III, and IV, Sections 28-16 thru 28-78, save and except for Sections 28-40, by deleting said sections and adding Article IX to be entitled “Public Right of Way Management” Sections 28- 164 thru 28-239; providing for a repealing clause; providing a severability clause; providing for a penalty of fine not to exceed two thousand dollars ($2,000.00); and providing for an effective date. (As Amended)

Motion to adopt Ordinance # 2009-O-045.

Moved: Cm. Belmares Second: Cm. Rendon For: 8 Against: 0 Abstain: 0

2009-O-046 Authorizing the City Manager to execute a lease agreement with Laredo Equities, LLC for the use of Veteran’s Field. The lease term is for one season beginning on May 1, 2009 and ending September 1, 2009 at a minimum of 30 games ($30,000.00) at $1,000.00 per game plus $1,000.00 per playoff game. Laredo Equities will also be responsible for 50% of utility costs for Veterans Field during the term of the lease as outlined in the lease agreement terms. (As Amended) 11 Motion to adopt Ordinance # 2009-O-046.

Moved: Cm. Belmares Second: Cm. Rendon For: 8 Against: 0 Abstain: 0

2009-O-047 Amending Chapter 13, (food and food products) of the Code of Ordinances, by amending Article II, (food products establishments) Division 3, (Employees), as follows: Section 13-58 to allow for an approved Health Department food service public health sanitation training course; and providing for publication. (Approved by the Operations Committee)

Motion to adopt Ordinance # 2009-O-047.

Moved: Cm. Belmares Second: Cm. Rendon For: 8 Against: 0 Abstain: 0

2009-O-048 Amending the Zoning Ordinance (Map) of the City of Laredo by authorizing a Conditional Use Permit for an office on Lots 1, 2, and 3, Block 7, Los Obispos Subdivision Unit II, located at 4703 Costello Loop; providing for publication and effective date.

Motion to adopt Ordinance # 2009-O-048.

Moved: Cm. Belmares Second: Cm. Rendon For: 8 Against: 0 Abstain: 0

2009-O-049 Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning 9,800 square feet, as further described by metes and bounds in attached Exhibit "A", located east of U. S. Highway 83 and south of Newco Commercial, from AG (Agricultural District) to B-3 (Community Business District); providing for publication and effective date.

Motion to adopt Ordinance # 2009-O-049.

Moved: Cm. Belmares Second: Cm. Rendon For: 8 Against: 0 Abstain: 0

2009-O-050 Amending the Zoning Ordinance (Map) of the City of Laredo by authorizing a Special Use Permit for a flea market on Lot 1, Block 1, Ervin Farm Subdivision, located at 4210 South U. S. Highway 83; providing for publication and effective date.

Motion to adopt Ordinance # 2009-O-050.

12 Moved: Cm. Belmares Second: Cm. Rendon For: 8 Against: 0 Abstain: 0

2009-O-051 Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lot 1A, Block 1021 Western Division, located at 4119 San Dario Avenue, from B-3 (Community Business District) to B-4 (Highway Commercial District); providing for publication and effective date.

Motion to adopt Ordinance # 2009-O-051.

Moved: Cm. Belmares Second: Cm. Rendon For: 8 Against: 0 Abstain: 0

2009-O-052 Repealing Ordinance No. 93-0-023 which established original rules and fees for the Public Access Center and establishing rules, regulations, procedures and rates for use of the public access facilities. (Approved by Operations Committee and Finance Committee)

Motion to adopt Ordinance # 2009-O-052.

Moved: Cm. Belmares Second: Cm. Rendon For: 8 Against: 0 Abstain: 0

2009-O-053 Repealing City of Laredo Code of Ordinances Chapter 7.5-1 through 7.5- 26 which established the Laredo Cable Commission and its authority.

Motion to adopt Ordinance # 2009-O-053.

Moved: Cm. Belmares Second: Cm. Rendon For: 8 Against: 0 Abstain: 0

X. RESOLUTIONS

13. 2009-R-032 Authorizing the City Manager to enter into and execute a cooperative working agreement, attached hereto as Exhibit A, between Laredo-Webb County Safe Haven Program and the Laredo Police Department for the purpose of working with the Laredo-Webb County Safe Haven Program throughout the investigative process of child abuse cases. (Approved by the Operations Committee)

Motion to approve Resolution # 2009-R-032.

Moved: Cm. Belmares Second: Mayor Pro Tempore Valdez For: 8 Against: 0 Abstain: 0

13 14. 2009-R-033 Authorizing the City Manager to submit a joint grant application with Webb County in the amount of $602,748.00 to the Office of Justice Programs, Bureau of Justice Assistance for the purpose of funding the Recovery Act Edward Byrne Memorial JAG or Justice Assistance Grant for the period of March 1, 2009 through February 28, 2013. This funding will be used for equipment and supplies for police operations. The Bureau of Justice Assistance has authorized $574,766.00 for the City of Laredo and $27,982.00 for Webb County. (Approved by the Operations Committee)

Motion to approve Resolution # 2009-R-033.

Moved: Cm. Belmares Second: Mayor Pro Tempore Valdez For: 8 Against: 0 Abstain: 0

15. 2009-R-034 Authorizing the City Manager to apply for a grant in the estimated amount of $7,200,000.00 from the U.S. Department of Justice, Office of Community Oriented Policing Service (COPS) Program. Funding is available under the COPS Hiring Recovery Program created under the American Recovery and Reinvestment Act of 2009. The City of Laredo will utilize this funding to hire 40 new police officers for a period of three (3) years. (Approved by the Operations Committee)

Motion to approve Resolution # 2009-R-034.

Moved: Cm. Belmares Second: Mayor Pro Tempore Valdez For: 8 Against: 0 Abstain: 0

16. 2009-R-035 Authorizing the removal of the traffic signal located at the intersection of San Enrique Avenue and Washington Street which is no longer warranted according to the Texas Manual on Uniform Traffic Control Devices. (Approved by the Operations Committee)

Motion to approve Resolution # 2009-R-035.

Moved: Cm. Belmares Second: Mayor Pro Tempore Valdez For: 8 Against: 0 Abstain: 0

17. 2009-R-036 Authorizing the removal of the traffic signal located at the intersection of Davis Avenue and Victoria Street which is no longer warranted according to the Texas Manual on Uniform Traffic Control Devices. (Approved by the Operations Committee)

Motion to approve Resolution # 2009-R-036.

Moved: Cm. Belmares Second: Mayor Pro Tempore Valdez 14 For: 8 Against: 0 Abstain: 0

18. 2009-R-037 Authorizing the City Manager to execute the Advance Funding Agreement (AFA), attached hereto as Exhibit A, between the City of Laredo and the Texas Department of Transportation in the estimated amount of $581,670.00 for the US 83 utility relocation and construction of a railroad overpass from Monterrey St. to Cedar St., by funding the Utility relocation improvements and allowing the City and TXDOT to proceed with the letting of these projects in June 2009 to avoid project delays. The City has to complete its work 60 days prior to the date set for the construction bids. The City shall remit its check or warrant made payable to the “TXDOT Trust Fund”. Funding is available on the 2008 Utility Bond Water Works and 2008 Utility Bond Sewer Fund. (Approved by the Operations Committee)

Motion to approve Resolution # 2009-R-037.

Moved: Cm. Belmares Second: Mayor Pro Tempore Valdez For: 8 Against: 0 Abstain: 0

19. 2009-R-038 Authorizing the City Manager to accept a grant award from the Department of Homeland Security, Assistance to Firefighters Grant (AFG) Program in the amount of $400,000.00 with the City designating $100,000.00 in matching funds for a total of $500,000.00. Funding received through this grant will be used to purchase radio communication equipment that will enhance radio coverage for first responders. (Approved by the Operations Committee)

Motion to approve Resolution # 2009-R-038.

Moved: Cm. Belmares Second: Mayor Pro Tempore Valdez For: 8 Against: 0 Abstain: 0

20. 2009-R-039 Authorizing the City Manager to submit a grant application in the estimated amount of $2,000,000.00 to the Office of Justice Programs, Bureau of Justice Assistance for the purpose of funding OJP’s program on Combating Criminal Narcotics Activity Stemming from the Southern Border of the United States. This grant is funded under the Recovery Act State and Local Law Enforcement Assistance Program for the period of June 1, 2009 through May 31, 2011. This funding will be used for equipment, supplies, and training for border security enhancement in police operations. (Approved by the Operations Committee)

Motion to approve Resolution # 2009-R-039.

Moved: Cm. Belmares Second: Mayor Pro Tempore Valdez For: 8 Against: 0 Abstain: 0 15 XI. MOTIONS

21. Consideration to award contract number FY09-038 to the low bidder BWI Company, Schulenburg, Texas in the estimated amount of $70,142.50 for providing rye and bermuda seeds, fertilizer and paper block for hydro seeding for the Parks and Leisure Services Department. The term of this contract will be for a period of six (6) months and may be extended for an additional six (6) month period upon mutual consent of both parties. All items will be purchased on an as needed basis. Funding is available in the Parks and Recreation Leisure Department budget and construction projects. (Approved by the Operations Committee)

Motion to approve.

Moved: Cm. Garcia Second: Cm. Belmares For: 8 Against: 0 Abstain: 0

22. Consideration to award contract number FY09-044 awarded to the low bidders:

1. Al & Rob Sales, Laredo, Texas, in the estimated amount of $94,697.10 for the purchase of uniform trousers, and;

2. VF Imaginewear, Inc., Nashville, TN in the estimated amount of $81,986.90 for the purchase of uniform shirts for Police Department. All items will be purchased on an as needed basis. Funds for this contract are available in the Police Department’s budget. (Approved by the Operations Committee)

Motion to approve.

Moved: Cm. Garcia Second: Cm. Belmares For: 8 Against: 0 Abstain: 0

23. Consideration to renew contract FY08-047 currently awarded to RDO Equipment Co., Laredo, Texas, in the estimated amount of $75,000.00 for the purchase of original equipment manufacturer (OEM) John Deere heavy equipment parts and service for the Fleet Division. All parts and services will be secured on an as needed basis and funding is available in the Fleet Management budget. (Approved by the Operations Committee)

Motion to approve.

Moved: Cm. Garcia Second: Cm. Belmares For: 8 Against: 0 Abstain: 0

24. Consideration to renew contract FY08-036 currently awarded to :

1. CC Distributors, Corpus Christi, Texas, Primary Vendor 16 2. Patria Office Supply, Laredo, Texas Secondary Vendor

for providing general janitorial supplies to all City Departments. This contract establishes discount percentage pricing for those janitorial supplies most commonly utilized by city departments. All items will be purchased on an as needed basis and funding will be secured from the user departments budgets. (Approved by the Operations Committee)

Motion to approve.

Moved: Cm. Garcia Second: Cm. Belmares For: 8 Against: 0 Abstain: 0

25. Consideration to award a contract to the sole provider, McNeilus Truck and Manufacturing, Houston, Texas, in the amount of $262,780.84, for the refurbishing of thirteen (13) refuse trucks. Extensive repairs are needed in order to maintain these units in operational condition. It is anticipated that these repairs will provide three (3) to four (4) years of additional operational use. Funding is available in the Fleet Management budget. (Approved by the Operations Committee)

Motion to approve.

Moved: Cm. Garcia Second: Cm. Belmares For: 8 Against: 0 Abstain: 0

26. Consideration to reject the sole bid submitted by South Western Environmental Equipment Technicians, Dallas, Texas, in the amount of $123,500.00, for contract FY09-036; and authorizing that new bids be solicited with revised bid specifications. The bid pricing for the purchase and installation of sludge pumps, parts, and accessories for the Zacate Creek Wastewater Treatment Plant exceeded the budgetary estimates. (Approved by the Operations Committee)

Motion to approve.

Moved: Cm. Garcia Second: Mayor Pro Tempore Valdez For: 8 Against: 0 Abstain: 0

27. Approval of expenditures in the amount of $4,500.00 for students from the Sister Cities Youth Committee to travel San Miguel de Allende, Guanajuato, Mexico to participate in a Youth Committee Exchange. The program will serve as a catalyst for youth advancement through innovative and cross-cultural educational programs with our worldwide sister cities; provide an excellent opportunity for promoting the City of Laredo in Mexico; and will serve to enhance Laredo’s relationship with Mexico which is vital to Laredo’s livelihood. Funds are available in the Sister Cities Youth Committee Account. City Council finds and declares that a valid public purpose will be served by this expenditure. (Approved by the Operations Committee) 17 Motion to approve.

Moved: Cm. Garcia Second: Cm. Belmares For: 7 Against: 0 Abstain: 0

28. Authorizing the City Manager to amend the engineering services contract with Dannenbaum Engineering Company—McAllen, LLC in the amount of $247,500.00 for a new total amount of $7,941,312.66 for the additional engineering services in relation to the new 20 MGD Water Treatment Plant in northwest Laredo. Funding is available in the 2008 Utility Bond. (Approved by the Operations Committee)

Motion to approve.

Moved: Second: For: Against: Abstain:

29. Consideration for approval of change order #1 to Price Construction, Ltd., Big Spring, Texas; in the amount of $320,099.00 for the Chacon Creek Wastewater Interceptor Phase II. The change order is for additional work requested by City Airport authorities; layers of rock encountered along the 30” sanitary sewer line and an update to the quantities of pipe laid at different depths. The contract time for the change order was extended for 150 calendar days. The new contract amount is $3,825,266.00 and the new contract time is 515 calendar days. Funding is available in the 1998-A Sewer Bond Issue. (Approved by the Operations Committee)

Motion to approve.

Moved: Cm. Garcia Second: Mayor Pro Tempore Valdez For: 8 Against: 0 Abstain: 0

30. Amending the contract to Crane Engineering Corporation in the amount of $47,275.45 to include additional basic engineering services for the redesign of Old Milwaukee Center Road, and the reproduction of plans and specification for Work Order #3 and special services for litigation for Tanquecitos I. This amendment is subject to the Texas Water Development Board Approval. The amendment brings the total contract amount to $507,792.73. Funding is available in the Colonias Project Fund. (Approved by the Operations Committee)

Motion to approve.

Moved: Cm. Garcia Second: Mayor Pro Tempore Valdez For: 8 Against: 0 Abstain: 0

31. Authorizing the City Manager to award a professional services contract in the sum of

18 $1,354,000.00 to Gilpin Engineering Company for the design, bidding and construction services of the Manadas Creek 3MGD Wastewater Treatment Plant located at Mines Road. Funding is available in the 2008 Utility Bond. (Approved by the Operations Committee)

Motion to approve.

Moved: Cm. Garcia Second: Cm. Belmares For: 7 Against: 0 Abstain: 1 Cm. Garza

32. Authorizing the City Manager to award a construction contract to the lowest bidder Qro Mex Construction P.O. Box 2608, Granite Shoals’, TX in the amount of $2,337,569.50 for the construction of SH359 Work Order #2 Water Distribution and Wastewater Collection for Pueblo Nuevo Improvements Project, subject to the approval of the TWDB. The Pueblo Nuevo-Wastewater Collection and Water Distribution Improvements consist of constructing 12”/8” water distribution lines and 12”/8” sanitary sewer collection lines to Pueblo Nuevo within SH359 Planning Areas. The construction time is 305 calendar days. Funding is available in the Colonias Fund. (Approved by the Operations Committee)

Motion to approve.

Moved: Cm. Belmares Second: Cm. Garza For: 8 Against: 0 Abstain: 0

33. Authorizing the City Manager to have the Utilities Department utilize city personnel and utility bond funding to commence the construction of the water and sewer line relocations along the Loop 20 and Cuatro Vientos Road Project in order to avoid construction scheduling conflicts with the Texas Department of Transportation and to complete the Project by March 2011. The Texas Department of Transportation has agreed to work concurrently with the City of Laredo to avoid any delays on the project. (Approved by the Operations Committee)

Motion to approve.

Moved: Cm. Belmares Second: Cm. Garza For: 8 Against: 0 Abstain: 0

34. Consideration for approval of acceptance of the Del Mar Boulevard Widening on the North side along Plantation Subdivision, release of retainage, and approval of final payment in the amount of $21,944.89 to Amberland Development, Ltd., Laredo, Texas, final construction contract amount is $438,897.80. Funding is available in the 2006 C.O. Issue. (Approved by the Operations Committee and Finance Committee)

Motion to approve.

19 Moved: Cm. Belmares Second: Cm. Garza For: 8 Against: 0 Abstain: 0

35. Consideration for approval of change order no. 2 an increase of $237,080.00 for asphalt walking paths, concrete drainage structures, relocation and planting of trees, and temporary traffic control plan and to add one hundred ten (110) calendar days to the construction contract time for a new contract time of three hundred sixty four (364) calendar days to the construction contract with Jerry Resendez Enterprises, Inc., Laredo, Texas, for the North Central Park – Phase 1A Project. Current construction contract amount is $1,244,884.50. Funding is available in the 2006 C.O. Bond. (Approved by the Operations Committee and Finance Committee)

Motion to approve and note the completion day as Memorial Day (May 25, 2009).

Moved: Cm. Belmares Second: Cm. Garza For: 8 Against: 0 Abstain: 0

36. Consideration for approval of the selection of consultant TEC Engineers & Consultants, Inc., Laredo, Texas, for the Sidewalks Project No. 38 (50 Blocks)— District VIII and approval to award a professional services contract for an amount of $48,990.00 for design and preparation of plans and specifications. Design time is to be on a fast track basis approximately ninety (90) days. Funding is available in the 2007 C.O. Bond Issue. District VIII. (Approved by the Operations Committee)

Motion to approve.

Moved: Cm. Belmares Second: Cm. Garcia For: 8 Against: 0 Abstain: 0

37. Consideration for approval of a change order #1 in the amount of $87,166.00 to existing contract awarded to T.F. Harper & Associates L.P. for the extension of one (1) steel basketball shade structure measuring 85’ x 50’ to 120’ x 80’ at Canizales Park. Funding is available through 2007 C.O. Bond and District 7 Discretionary Funds. (Approved by the Operations Committee)

Motion to approve.

Moved: Cm. Belmares Second: Cm. Garcia For: 8 Against: 0 Abstain: 0

38. Consideration to exercise the renewal option for one (1) additional year for contract number FY 07-091 awarded to UTW Tire Co., Laredo, Texas in the annual amount of $85,290.00 for the removal and disposal of used tires at the City landfill. Funding is available in the Solid Waste budget. (Approved by the Operations Committee)

Motion to approve. 20 Moved: Cm. Belmares Second: Cm. Garcia For: 8 Against: 0 Abstain: 0

39. Consider the renewal of contract FY08-014 with Martinez Pharmacy, Laredo, Texas, in the estimated amount of $75,000.00 to provide pharmaceutical services to clients of the HIV/AIDS Programs of the City of Laredo Health Department for the period beginning April 1, 2009, through March 31, 2010. Funding is available in the State grants HIV/Ryan White and HIV/Health and Social Services. (Approved by the Operations Committee)

Motion to approve.

Moved: Cm. Belmares Second: Cm. Garcia For: 8 Against: 0 Abstain: 0

40. Consideration for approval of change order no. 2 a decrease of $13,275.00 for the balance of quantities actually constructed in place, release of retainage, acceptance of the Flecha Lane Drainage Improvements and approval of final payment in the amount of $23,015.50 to Closner Construction Company, Laredo, Texas. Final construction contract amount is $460,310.10. Funding is available in the 2007 Environmental Services C.O. (Approved by the Operations Committee)

Motion to approve.

Moved: Cm. Belmares Second: Cm. Garcia For: 8 Against: 0 Abstain: 0

41. Authorizing the City Manager to award a Design/ Build Contract to Kraftsman Playground and Park, Spring, Texas, in an amount not to exceed $170,225.00 for the design, construction and installation of shade structures at nine (9) designated park sites. Funding for this project was made available through the Lamar Bruni Vergara Trust Grant and Discretionary Funds. (Approved by the Operations Committee)

Motion to approve.

Moved: Cm. Garcia Second: Mayor Pro Tempore Valdez For: 8 Against: 0 Abstain: 0

42. Consideration for approval to award a Buyboard Contract to Kraftsman Playground and Park, Spring, Texas, in an amount not to exceed $230,000.00 for the purchase and installation of splash park equipment, through the BuyBoard (Contract #269-07) cooperative purchasing program contract pricing. The equipment will be installed at the Azteca Park. Funding available through the Community Development 34th Action Year/2008 Block Grant and District 8 Discretionary Funds. (Approved by the Operations Committee) 21 Motion to approve.

Moved: Cm. Belmares Second: Cm. Liendo Espinoza For: 8 Against: 0 Abstain: 0

43. Authorizing the City Manager to execute an extension to the Maintenance Service Agreement Contract between the City of Laredo and Diebold, Inc. for the hardware maintenance of the Bridge I surveillance and pneumatic tube system. This Maintenance Agreement will be for one (1) year effective March 22, 2009 through March 21, 2010 and will not exceed $28,062.00. Funding is available in the FY 08-09 Bridge Fund. (Approved by the Operations Committee)

Motion to approve.

Moved: Cm. Belmares Second: Cm. Liendo Espinoza For: 8 Against: 0 Abstain: 0

44. Consideration to authorize a purchase contract with Calence Physical Security Solutions, LLC, Austin, TX for the purchase and installation of information technology equipment in the total amount of $60,281.28 for the Public Library’s new cyber mobile; and to rescind the purchase contract authorized by the City Council on 1/05/09 to Calence, LLC in the amount of $68,331.98 for similar equipment and services. This equipment will be purchased utilizing the State of Texas - Department of Information Resources (DIR) cooperative purchasing program contract number DIR-SDD-580. Funding is available from 2006 Certificate of Obligation bond proceeds. (Approved by the Operations Committee)

Motion to approve.

Moved: Cm. Belmares Second: Cm. Liendo Espinoza For: 8 Against: 0 Abstain: 0

45. Motion to amend the current Priority Procedures Manual so as to remove “Recognitions” from the regular order of City Council business, and to allow the Mayor and City Council Members to schedule recognitions as necessary and when convenient.

Motion not to approve.

Moved: Mayor Pro Tempore Valdez Second: Cm. Belmares For: 8 Against: 0 Abstain: 0

XII. GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS

46. A. Request by Mayor Raul G. Salinas 22 1. 2009- R-040 Officially supporting Shop Laredo First, a community-wide project encouraging potential buyers and purchasers of goods and services elect to buy from local entities first whenever possible before seeking the same good or service elsewhere especially in these more challenging economic times.

Motion to approve Resolution 2009-R-040.

Moved: Cm. Garza Second:

Motion withdrawn.

Motion to instruct staff to work with the Mayor and City Council to develop a full campaign to the current resolution.

Moved: Cm. Belmares Second: Cm. Rendon For: 8 Against: 0 Abstain: 0

Cm. Liendo Espinoza stated that on November 3, 2009 Council asked the City Manager to direct staff to seriously promote the effort to shop Laredo first. She said that this was already directed to staff in November. She said that she would like to see staff move forward with this motion.

Roger Creery, Executive Director for the Laredo Development Foundation, said that through the SBDC and with the help of Congressman Cuellar they have had three workshops at TAMIU. The workshops were aimed at helping local contractors understand how they can get engaged with business with government entities.

2. Presentation with possible action on the 24 Hour Operation at the World Trade Bridge and a status report on the ongoing promotional efforts.

Mayor Salinas said that he had talked to Gene Garza regarding the 24 Hour Operation at the World Trade Bridge. He said that he is aware of the downturn due to the economy.

Mario Maldonado, Bridge Director, said that he had submitted a status report on the 24 Hour Operation Campaign. He noted that in October of 2008, Custom and Border Protection announced the extended hours of service for four southwest border ports. Since then the City of Laredo has had three major press conferences including one that was conducted by Customs and Border Protection. City staff has printed brochures to promote the 24 Hour Operation and they have been distributed to 26 different agencies that are involved in trade such as Customs and Mexican House Brokers. The City has also visited the city of Guadalajara and given presentations to sixteen different agencies. He went on to say that he has made contact with fourteen (14) media agencies. Bridge staff will continue to promote the 24 hour operation. The port director said that they are averaging 130 to 160 trucks going northbound per day during the midnight shift and 2,

23 168 trucks that cross in the southbound which averages to 108 per day. He noted that the percentage is growing monthly.

3. Presentation with possible action on Budget update.

City Manager Carlos Villarreal reported said that the City of Laredo is basically looking at a potential deficit of six million dollars in bridge revenue. The City is also looking at a drop in sales tax, and building permits which will place the City in a situation where it will be nine million dollars short for the year of 2009.

4. Discussion with possible action on co-sponsoring 4th of July Celebration with LULAC Council 14 at Civic Center Grounds & Ballroom and Veteran’s Parade. (Co-sponsored by Council Member Cynthia Liendo Espinoza)

Motion to approve.

Moved: Cm. Belmares Second: Mayor Pro Tempore Valdez For:

Motion withdrawn by Cm. Belmares

Motion to table.

Moved: Cm. Belmares Second: Cm. Garcia For: 8 Against: 0 Abstain: 0

B. Request by Council Member Mike Garza

1. Discussion with possible action on a centralized playing field for Youth Flag Football.

Cm. Garza brought this item up because it affects each district. He said that he would like for the Parks & Leisure Manager to return to Council with a proposal on how each district can contribute their discretionary funds for a centralized playing field for youth flag football. He said that he would like to restrict this field for youth flag football only.

Motion to instruct staff to return to Council with recommendations for initiating a centralized playing field for Youth Flag Football.

Moved: Cm. Garza Second: Cm. Landeck For: 8 Against: 0 Abstain: 0

2. Status report on park police with possible action.

Motion to table.

Moved: Cm. Garcia Second: Cm. Landeck 24 For: 8 Against: 0 Abstain: 0

3. Discussion with possible action on resolution in support of Webb County’s creation of a Regional Mobility Authority.

Cm. Garza noted that he brought this item up for discussion because he wanted to look beyond the funding for the Cuatro Vientros and expand a scope of work that the City can work with the Council on. He noted that there is an eleven billion dollar project list that the State of Texas has for projects. He said that the $1.2 million dollars that came to Laredo is simply one-tenth of the available amount.

Motion to look at the possibility of incorporating with the County on the creation of an RMA.

Moved: Cm. Garza Second: Cm. Garcia For:

Motion was withdrawn.

Cm. Landeck advised that this item was discussed at a prior City Council meeting and there were instructions to hold a workshop so City Council could address all the alternatives.

Keith Selman, Planning and Zoning Director, said that he was under the impression that this item would be discussed at the County-City meeting. He noted that an entity needs a project from an RMA. He said that one of the obvious projects would be the Loop 20 upgrade.

Cm. Garza stated that his is asking for a solution. He stressed that he would like to have input on the make-up and membership of the RMA.

Mayor Pro Tempore Valdez asked staff to contact the County to see if they are considering any projects or if there is an upcoming MPO meeting in the near future.

City Manager Carlos Villarreal said that the MPO is a mechanism that could be used.

Motion to draft a resolution in support of Webb County’s creation of a Regional Mobility Authority.

Moved: Cm. Garcia Second: Cm. Garza For: 5 Against: 3 Abstain: 0 Cm. Landeck Cm. Belmares Mayor Pro Tempore Valdez

C. Request by Council Member Michael Landeck

1. Discussion with possible action on all issues for Bridge #5. 25

Motion to table.

Moved: Cm. Landeck Second: Mayor Pro Tempore Valdez For: 8 Against: 0 Abstain: 0

D. Request by Council Member Johnny Rendon

1. Discussion with possible action to review the status of the Blue Recycling Bins Project.

Oscar Medina, Solid Waste Manager, reported that a pilot project was created nine months ago at the direction from Council. He gave a comprehensive report on the objectives to establishing a blue bin project. The final outcome was positive; however, the cost for launching the recycling bins would be more than $2.8 million dollars.

Carlos Villarreal, City Manager, recommended postponement of this item.

E. Request by Council Member Gene Belmares

1. Presentation with possible action on the proposed design alternatives for the Springfield Avenue and Jordan Intersection.

This item was not discussed.

2. Status report with possible action on the proposed facility for the SWAT team located on Airport property.

This item was not discussed.

3. Discussion with possible action on implementing a reverse 911 system.

This item was not discussed.

4. Action appropriating District 6 Discretionary Funds for the construction of various speed humps throughout the District.

This item was not discussed.

F. Request by Mayor Pro-Tempore Jose A. Valdez, Jr.

1. Discussion with possible action regarding Council Committees.

This item was not discussed.

G. Request by Council Member Cynthia Liendo Espinoza

1. Discussion with possible action on appropriating $30,000.00 from District 8 discretionary funds to purchase equipment (handheld devices and laptops) for Animal Control Officers and Sanitarians to increase field capacity and compliment the earmark 26 received through Congressman Cuellar’s Office in the amount of $188,100.00 to enhance the data management system.

This item was not discussed.

2. Presentation and discussion with possible action regarding LAREDOS Rio Fest with possible city participation.

Bob Zachariah, General Manager of La Quinta, encouraged the City of Laredo to become a sponsor of this activity.

Joe Garcia, Graffitis Advertising, played a small presentation.

Cm. Garcia expressed liability concerns. He said that in prior years a raft race was cancelled because people were shooting at them through the Nuevo Laredo side. He voiced thatthe Rio Grande river is dangerous.

Bob Zachariah said that the event will cost approximately $140,000. He explained that this organization is an umbrella organization that plans to offer assistance to different organizations and people in the community. He further explained that Nuevo Laredo is aware of the Rio Fest event and they are willing to participate and assist them in their event. He said that the City of Laredo has assisted other events and they are willing to work very closely with the directors to find solutions for their needs.

Cm. Belmares asked Bob Zachariah if he was looking for the city to be an underwriter for the LAREDOS Rio Fest. He noted that the City of Laredo can underwrite with the anticipation that the City of Laredo would get the vast majority of the money back through the sponsorships that are collected.

Motion to instruct staff to work on an agreement to underwrite the Rio Fest with the agreement that the sponsors are going to be aggressively sought out.

Moved: Cm. Liendo Espinoza Second: Cm. Garcia For: 8 Against: 0 Abstain: 0

3. Discussion with possible action on working with the Main Street Program on establishing a downtown entertainment district.

This item was not discussed.

XIII. STAFF REPORTS

47. Staff report with possible action on the pros and cons for selecting a project manager of staff vs. a consultant in order to manage the Utility Department’s bond projects, instructing the City Manager to provide the Utility Department’s current organizational structure to include departmental responsibilities from the supervisory to the director level.

This item was not discussed. 27 48. Staff report on El Portal Project with possible action.

Mario Maldonado, Bridge Director, reported that this item was included on the previous Council meeting and he provided a report in their packet. As per discussion with the project manager for the retail space at El Portal, they were advised that they were going to open on April 1st and the first floor was ready. He said that he had visited the site and they are open on March 28th. He went on to say that they are working on a design for the second floor and will open late September 2009. He noted that he would be talking to the tenants for the first payment.

Cm. Belmares explained that the building was not functional due to a defect in the design. He further explained that the Khaledis could not be held responsible for the defect; however, they were in position to make their first payment in good faith.

Motion to table.

Moved: Cm. Liendo Espinoza Second: Cm. Belmares For: 8 Against: 0 Abstain: 0

49. Staff report with possible action regarding the ordinance to eliminate the location requirements for amusement redemption machine establishments within the B-4 (Highway Commercial District).

Keith Selman, City Planner, reported that March 3, 2003 is when an Ordinance was initiated and on May 15, 2006 City Council requested that staff reduce the requirements for redemption machines. On November 2007 City Council directed staff to go back to the original measurement methodology for the location of entertainment machines. In April of 2008 that amendment came to the City Council. They do have an ordinance that they have put together and has been given to the Planning and Zoning Commission amending the definition of the Maqunita operation by eliminating five or fewer machines in a bar. The easiest ordinance to amend might be the last one where they changed the measurement back to the original provisions.

Cm. Belmares suggested going back to the ordinance as it was before the last changes including striking the conditional use permit prohibition.

Keith Selman asked if he wanted for the Ordinance to go back to the original November 20, 2006 ordinance.

Cm. Belmares agreed. He said that he had concern about the location of these establishments between each other. The measurement issue needs to be returned from door front to door front via right away eliminating the 1,000 feet from those establishments and going to 300 and striking the prohibition of the CUP.

Cm. Garza suggested no prohibition within a property.

28 Motion to accept the recommendations of Council Member Belmares with the amendment to eliminate the distance requirement to eliminate the issue of the board of Adjustments.

Moved: Cm. Garza Second: Cm. Belmares For: 7 Against: 0 Abstain: 1 Cm. Narvaez

50. Report on the Washington, DC Legislative trip and report on grant funding derived from agency leads and congressional delegation visits.

Carlos Villarreal, City Manager, submitted the following report regarding the Washington, DC Legislative trip:

Recently, some negative publicity about the City of Laredo’s annual legislative trip to Washington, D. C., has been circulating widely in the community. It is important that these misconceptions be cleared up so that taxpayers can fully understand the role of the city manager and directors on these trips, as well as the purpose for traveling visits with federal agencies and our federal elected officials.

“For over ten (10) years now, since the days of former Mayor Saul Ramirez, the City of Laredo has embarked on a trip to our nation’s capitol, advocating for federal dollars to help address issues and needs in our community. However, the City of Laredo is hardly the only city to embark on such lobbying missions. In face, the week before, the City of San Antonio, on their annual legislative trip, took 103 individuals to lobby before congress and federal agencies on behalf of the city. We have come to understand and recognize that in order for our please for funding to be heard, we must also be seen. The old Mexican “dicho” truly applies here “El que no habla, Dios no lo oye.” He who does not speak, God doesn’t hear. Washington isn’t knocking on our door, asking us if we need money. But you can bet we are knocking on their doors. The City of Laredo is speaking loud and clear – and in their face – so that our message can be heard.

When in the meetings, it is important that elected officials, whether it is you, Mayor or any of the council members, open up the meeting, introducing not only the issue – or issues – we are addressing at that moment, but also, the staff present at the meeting who can speak on the topic more completely, as they are individual in our organization who deal with the challenges of that issue on a daily basis. They are the experts on the problem, have researched solutions and funding needs to be able to correct, improve, change or eliminate the problem. From homeland security, public health needs, mobility and transportation, quality of life, or environmental concerns, your staff is who needs to present these issues to these federal and elected officials, because they are the experts; your federal counterparts also recognize this, as well.

On these trips, city staff pack about 30 meetings into a 3-day lobbying bonanza. It is a non-stop pounding the pavement, as staff and council member split up to attend various meetings. On this year’s trip, 15 individuals traveled to Washington, D. C. at an approximate cost of $2,300 per person, a total of less than $34,500. However, it is important to look at that dollar figure as an investment, and not as a waste of taxpayer 29 money, because as a result of our meetings with federal leaders and agencies, the City of Laredo will receive a total of potentially upwards of over $100 million in federal dollars for local programs, projects and services that benefit the citizens of Laredo.

Following is a breakdown of the meetings and resulting funding we should receive.

Federal Aviation Administration Reconstruct Runway 17L/35R $8 million US General Services Admin World Trade Bridge $7 million Army Corps of Engineers Chacon Creek project $2 million Environmental Protection Grant Pollution Prevention/Green $3 million Assistance Firefighters Grant Design and construction of new $15 million HUD/Secretary Shaun Homelessness Prev. & Rapid $1.5 million Re-Housing Program Neighborhood Stabilization $2 million CDBG Block Grants $1 million Tax Credit Assistant $TBD Energy Efficiency & Cons.$2 million Block Grant Program Quality Health Care Border issues persons $TBD US Dept of Agriculture WIC, women’s health $100,000 Health & Human Services For Disease Control & Prevention EPA border 2012, Care, Water Environmental health $300,000 Children’s Health, Environmental & safety Congressman Henry Cuellar Food management & animal $TBD Control services WIC Health screening for diabetes US Mexico Border Health Food detection ,surveillance, $100,000+ Testing, training, inspection Congressman Ruben Hinojosa Border security border health $1 million Congressman Oberstar Transportation Reauthorization $54 million Coordinated Border Infrastructure Bureau of Justice Assist. JAG Recovery Act Grant $574,766 WC $27,982 Dept. of Justice COPS Hiring Recovery Grant $7.2 million For additional 40 officers 3 yrs Southern Border narcotics Grant $2 million Auto Theft Task Force Grant $400,000 National Telecommunications Possible grants to expand local $13 million Informational Administration broadband initiatives National Parks Service Park development, rehab $42 million Federal Highway Admin Chacon Hike & Bike $6 million HUD Park Improvements $1.5 million Department of Education Career development, academic $500,000

TOTAL: $169.2 million

As you see, the potential influx of federal dollars, whether it is in the form of entitlement funds, grants, or appropriations far outweighs the cost of the trip.

30 In a city council-city manager form of government, such as ours, it is important that we work in concert to develop policy and practices that ultimately benefit and impact our citizens of Laredo, whom we both serve equally. This annual legislative lobbying trip is an effort that works because we work together to make it a success for the City of Laredo.

In essence, the federal legislative agenda was approved by the entire City Council on February 17, 2009. Our participation as a staff was to execute precisely the intent of the federal legislative agenda as approved by this governing body.”

IV. 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.

51. Request for Executive Session pursuant to Texas Government Code, Section 551.074 to deliberate the duties, evaluation criteria and performance standards of the City Manager and return to open session for possible action.

Motion to go into Executive Session pursuant to Texas Government Code, Section 551.074 to deliberate the duties, evaluation criteria and performance standards of the City Manager and return to open session for possible action.

Moved: Cm. Garcia Second: Cm. Garza For: 8 Against: 0 Abstain: 0

After Executive Session, Mayor Raul Salinas announced that no formal action was taken.

Motion to grant the City Manager, Carlos Villarreal, a four (4) percent increase to his salary or benefits. The City Manager will determine how to apply the four percent increase.

Moved: Cm. Garza Second: Cm. Belmares For: 7 Against: 1 Abstain: 0 Cm. Landeck

XV. RECESS AS THE LAREDO CITY COUNCIL AND CONVENE AS THE LAREDOMASS TRANSIT BOARD

Motion to recess as the Laredo City Council and convene as the Laredo Mass Transit Board.

Moved: Cm. Garza Second: Cm. Rendon 31 For: 8 Against: 0 Abstain: 0

52. Consideration for approval to award a construction contract to the lowest bidder Amberland Development, Ltd., Laredo, Texas in the bid amount of $337,333.00 for the Transit Terminal Renovation. Contract time is one hundred twenty (120) calendar days. Funding is available in the Transit FTA Capital Grant X-04-0040. (Approved by the Operations Committee and Finance Committee)

Motion to approve.

Moved: Cm. Belmares Second: Cm. Garza For: 8 Against: 0 Abstain: 0

53. 2009-RT-004 Authorizing the City of Laredo to file an application with Federal Transit Administration, United States of America, for the American Recovery and Reinvestment Act of 2009 in the apportionment amount of $4,757,091.00 for Transit Capital Assistance(urbanized areas) for Laredo in fiscal year 2008-2009, and authorizing the Transit General Manager to execute all related documents. (Approved by the Operations Committee)

Motion to approve # 2009-RT-004.

Moved: Cm. Belmares Second: Cm. Garza For: 8 Against: 0 Abstain: 0

XVI. ADJOURN AS THE LAREDO MASS TRANSIT BOARD AND RECONVENE AS THE LAREDO CITY COUNCIL AND ADJOURN

Motion to adjourn.

Moved: Cm. Belmares Second: Mayor Pro Tempore Valdez For: 8 Against: 0 Abstain: 0

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