The Mayor presented the following:

Transcription

1 CITY OF LAREDO RECOGNITION AND COMMUNICATION NOTICE M2017- R-13 CITY COUNCIL CHAMBERS 1110 HOUSTON STREET LAREDO, TEXAS August 21, :00 P.M. The Mayor presented the following: 1. Recognizing the management and staff of the Laredo Energy Arena for receiving the "Best Event Promotion" award from SMG National Marketing. This is the first time in the five (5) year participation at the SMG National Marketing Summit, the LEA wins a marketing award. Anissa Treviño, Laredo Energy Arena Marketing Director, reported that SMG has attended a conference for the past five years to improve the LEA and its operations. Jorge Quijano, Laredo Energy Arena Public Relations Coordinator, noted that LEA hosted a publicity stunt with Cirque de Soleil to generate ticket sales for the performance, resulting in thousands more tickets being sold. 2. Recognition of Ms. Julianne Gamez and Ms. Alexis Flores on being selected to take part in the prestigious San Antonio Spurs Silver Dance Team and proudly representing the City of Laredo. No recognition made. 3. Recognizing Augustin Serna and Laura Mashuca for being named the 2017 Male and Female Athletes of the Year for the 22 and over age group for the Special Olympics Texas Area 21 Chapter State Wide Awards, and Ms. Olga Gutierrez for the 2017 Coach of the Year. Maribel Santoya, Area Director for the Special Olympics, noted that Mr. Serna and Ms. Mashuca have participated in the Special Olympics since they were very young. Laredo received three awards, and Mr. Serna participates in many Special Olympics and Down Syndrome activities. Ms. Mashuca also volunteers at the Special Olympics office throughout the year. Ms. Gutierrez offers support to individuals with disabilities in the community. Cm. Torres congratulated the athletes and Ms. Gutierrez for the work that they do.

2 CITY OF LAREDO CITY COUNCIL MEETING M2017-R-13 CITY COUNCIL CHAMBERS 1110 HOUSTON STREET LAREDO, TEXAS August 21, :30 P.M. I. CALL TO ORDER Mayor Pete Saenz called the meeting to order. II. PLEDGE OF ALLEGIANCE Mayor Pete Saenz led in the pledge of allegiance. III. MOMENT OF SILENCE Mayor Pete Saenz led a moment of silence. IV. ROLL CALL In attendance: Pete Saenz Rudy Gonzalez, Jr. Vidal Rodriguez Alejandro Alex Perez, Jr. Alberto Torres Jr. Norma Nelly Vielma Charlie San Miguel George Altgelt Roberto Balli Jose A. Valdez Horacio De Leon Cynthia Collazo Robert Eads Kristina L. Hale Mayor District I District II Mayor Pro-Tempore, District III District IV District V District VI District VII District VIII City Secretary City Manager Deputy City Manager Assistant City Manager Acting City Attorney V. MINUTES Approval of the minutes of August 7, 2017 Cm. Torres noted that the August 7 minutes reflect him voting in favor of Ordinance O-093, but he voted in opposition. He requested that the minutes be corrected to reflect his vote. Motion to approve the August 7, 2017, minutes, with corrections. Moved: Cm. Torres 2

3 VI. COMMUNICATIONS AND RECOGNITIONS Communiqués 1. Presentation by Vanessa Solis, Miss Laredo USA, and Fabiola Chavez, Miss Laredo Teen USA, on their respective bids for the state titles in their competition categories. Ms. Solis will be competing for the crown at the Miss Texas USA competition in Houston on September 1st -3rd and Fabiola Chavez will be competing for the crown at the Miss Texas Teen USA pageant in Houston on November 24th -26th. Vanessa Solis noted that she has participated in pageants since she was 13 years old, and she stated that she is honored to represent Laredo at the Miss Texas USA competition. She listed her community service activities. Fabiola Chavez also noted that she began participating in pageants when she was 13 years old. She listed her community service activities and voiced her enthusiasm for the Miss Texas Teen USA pageant. Mayor Saenz wished Ms. Solis and Ms. Chavez luck in their competitions. Cm. Perez asked City staff to consider financial support for Ms. Solis and Ms. Chavez in their competitions. Citizen comments Mellie Hereford asked if beer run businesses are a sexually oriented business. She voiced her opinion that the women working at the beer run on Zapata Highway wear clothes that leave little to the imagination. Businesses that are designed for adult entertainment should be run in zones that are placed away from children. She warned Council against supporting moral corruption in the community. Mayor Saenz requested clarification on the rules of discussion time during Council meetings. Jose A. Valdez, Jr., City Secretary, clarified that under Robert s Rules of Order, every Council Member may speak on an item twice for a maximum length of 10 minutes each time. While a Council Member does not have to use all 10 minutes, once he or she releases the microphone, he or she forfeits their remaining time. Council can decide to shorten that maximum time for the purposes of the Laredo City Council meetings; it is not debatable. Mayor Saenz suggested that Council Members make their comments within three minutes the first round and then two minutes during the second round to ensure concise and efficient discussion. He clarified that his intention for this limitation only applies this Council meeting; if it proves beneficial for this meeting then Council can add it to the next agenda as a policy change. Council agreed to limit their discussion without a motion. VII. APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES 1. Appointment by Mayor Pete Saenz of Guillermo Benavidez to the Secondary Water Source Ad-Hoc Committee. 3

4 Motion to approve the nomination of Guillermo Benavides Zuniga to the Secondary Water Source Ad Hoc Committee. 2. Appointment by Council Member Alberto Torres, Jr. of to the Secondary Water Source Ad-Hoc Committee. Motion to approve the nomination of John Galo to the Secondary Water Source Ad Hoc Committee. 3. Appointment by Mayor Pro-Tempore Alejandro Alex Perez of to the Facility Naming & Recognition Commission. Motion to approve the nomination of Alfonso Maldonado to the Facility Naming & Recognition Commission. VIII. PUBLIC HEARINGS 1. Public Hearing for the adoption of a tax rate $ per $100 value for the Tax Year The tax rate will provide revenue for the general fund and debt service. The rate includes $ per $100 value for Maintenance and Operation and $ per $100 value for Sinking Fund of the Debt Service and is estimated to generate a tax levy of $84,097, The City Council is scheduled to vote on the tax rate on September 11, 2017 at 12 Noon and September 18, 2017 at 5:30 PM at City Council Chambers located at 1110 Houston St. Second: Cm. Torres Cynthia Collazo, Deputy City Manager, confirmed that the tax rate remains the same for the 14 th consecutive year. Cm. San Miguel countered that while the rate remains the same, since values have increased, taxpayers are paying a little more. Motion to close public hearing and introduce. 4

5 Second: Cm. Rodriguez 2. Public Hearing and Introductory Ordinance amending Section 1 of Ordinance 2013-O- 114 of the City of Laredo and authorizing an increase of $0.25 per person for southbound pedestrian traffic and an increase of $0.50 per axle for southbound commercial traffic as further described in Exhibit "A" and hereby repealing all conflicting sections in all ordinances currently in effect. Moved: Cm. Torres Second: Cm. Altgelt Cm. Altgelt noted that if half of Bridge revenues remain in the Bridge Department, then the port industry may be willing to invest the other half. He suggested that stakeholders in the port industry should be included in all plans for the bridge expansion. Yvette Limón, Bridge Director, confirmed that the Bridge Department will keep $2.6 million of the projected increase from raised toll fares. This will fund three police officers with a vehicle. Martin Aleman, Budget Director, stated that the Port Master Plan is a one-time cost that attempts to addresses all bridge problems and needs. Arturo Dominguez of the Laredo U.S. Customs Brokers Association noted that Laredo is the biggest port but does not offer the cheapest toll fare, which is counterintuitive. He asked Council to reconsider the recent toll fare as it is not balanced among commercial and non-commercial traffic. Mr. Dominguez stated that increasing fares to increase revenues is counterproductive. Decreasing the fare would be more effective. Mario Peña, Laredo G-13 Group Chairman, requested that Laredo G-13 be included in the discussions regarding this item. He voiced his concern that Laredo can not afford to adopt a monopolistic attitude about its ports. Such an attitude will cost the City of Laredo its status as the top inland port. He also asked Council to reconsider the increase to the pedestrian toll fare as it greatly affects the group that does not have the funds to use a car or public transportation into Laredo. Jose Gonzalez of the Laredo U.S. Customs Brokers Association stated that the Bridge Department needs more funds for its infrastructure needs. Jesus Alberto Marina of the Association of Laredo Forwarding Agents (ALFA) spoke in opposition of the bridge toll increases on behalf of the members of ALFA. He noted that in some cities, pedestrian crossings do not have a toll fare. Mayor Saenz clarified that the federal government has opted not to get involved with this issue, though the City should receive close to $100 million in the next few years for contraband detection. 5

6 Cm. Balli clarified that part of these revenues go towards paying bonds. He voiced his opinion that the City s rates are competitive with other cities like Pharr, and they are necessary for improving the infrastructure. Gary Pedraza Quintanilla of the Associación de Agentes Aduanales de N. Laredo (AAANL) noted that the various freight forwarding companies and customs agents have always worked together and collectively believe that the toll increases will be adversarial to their businesses. Mario Garza reiterated the adverse effects of the toll fare increases on the import and export industry in Laredo, particularly small local businesses. He highlighted issues specific to cold storage and warehousing inventory. Cynthia Collazo, Deputy City Manager, informed Council that the City must be competitive and efficient with its ports. Given the construction currently on Bridge I and its impact, the City opted not to impose a blanket toll increase on non-commercial traffic. Historically, the City has lost revenue on the non-commercial crossings. However, she emphasized that City staff can meet with stakeholders and interested parties to address this issue. Mr. Aleman clarified that the budget is in place and the master plan will derail the entire process. To delay setting the rate until after the master plan is drafted will not work. Cm. Altgelt clarified that he meant a plan of action and not a master plan. He added that the plan of action is a finance plan, which will include the sale of bonds. Those bonds depend on the City s proposed toll rate increases. Cm. Torres asked that City Management include alternate options to recover the revenues that would have been gained from an increase in toll fares. Cm. Balli added that Council needs a budget ready for approval by September 5, 2017, because the City needs a means of paying for the FAST lane. Motion to, prior to increasing bridge fees, direct a committee of stakeholders as defined by the City of Laredo Port Authority statute to meet with the City of Laredo and the City of Nuevo Laredo with the intention of proposing a plan of action for Council to review. Moved: Cm. Altgelt For: 7 Against: 1 Abstain: 0 Cm. Gonzalez Cm. Rodriguez Cm. Perez Cm. Torres Cm. Vielma Cm. San Miguel Cm. Altgelt Cm. Balli Motion to close public hearing and introduce with the direction as discussed. Moved: Cm. Torres Second: Cm. Perez 6

7 For: 5 Against: 0 Abstain: 0 Cm. Gonzalez, Cm. Altgelt, and Cm. Balli were not present. 3. Public Hearing and Introductory Ordinance amending Article VI [Investment Policy] of Chapter 2 [Administration] of the Code of Ordinances in order to: 1. Incorporate minor changes to further clarify language on the Investment Policy and have Article VI of Chapter 2 of the Code of Ordinances conform with Chapter 2256 of the Government Code, popularly known as "The Public Funds Investment Act" of the Texas Government Code; 2. Adjust / Update the current Broker / Dealer List and; 3. Provide for an effective date. Second: Cm. Torres There was no public input. Motion to close public hearing and introduce. Second: Cm. Rodriguez 4. Public Hearing and Introductory Ordinance authorizing the City Manager to accept funds in the amount of $360, from the South Texas Regional Administration Division to cost share personnel at the Laredo Police Department Public Safety Answering Point (PSAP) in accordance with Section of the Texas Health and Safety Code and Rule Use of Revenue in certain counties from the Commission on State Emergency Communications; and amending the FY General Fund budget of the City of Laredo by appropriating revenues and expenditures in the amount of $360, for Laredo Police Department Communications Division salaries. Moved: Cm. Torres There was no public input. Motion to close public hearing and introduce. Second: Cm. Rodriguez 7

8 5. Public Hearing and Introductory Ordinance amending the Zoning Ordinance (Map) of the City of Laredo by repealing Ordinance 2014-O-026, and authorizing issuance of a Special Use Permit for a Restaurant Selling Alcohol, on Lots 1A, & 1B, Block 1, San Isidro/McPherson Subdivision, Unit II, located at 9710 & 9720 McPherson Rd.; providing for publication and effective date. Staff supports the application and Planning & Zoning Commission recommends approval of the Special Use Permit. ZC District VI Moved: Cm. San Miguel Second: Cm. Rodriguez There was no public input. Motion to close public hearing and introduce. Moved: Cm. San Miguel Second: Cm. Rodriguez 6. Public Hearing and Introductory Ordinance amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lots 1, and 2, Block 3, Lomas Del Sur Subdivision, Unit I, and Lot 27, Block 3, Lomas Del Sur Subdivision, Unit XIII, located at 2501, 2511 & 2601 Lomas Del Sur Blvd., from B-1 (Limited Commercial District) to B-3 (Community Business District); providing for publication and effective date. Staff supports the application and Planning & Zoning recommends approval of the zone change. ZC District I Moved: Cm. Gonzalez Second: Cm. Altgelt For: 7 Against: 0 Abstain: 0 Cm. Balli was not present. Nathan Bratton, Planning Director, confirmed that the intention of the property is a retail center and drive through. Motion to close public hearing and introduce. Moved: Cm. Gonzalez Second: Cm. Vielma For: 7 Against: 0 Abstain: 0 Cm. Balli was not present. 7. Public Hearing and Introductory Ordinance amending the Zoning Ordinance (Map) of 8

9 the City of Laredo by rezoning Lot 5, Block 35, Eastern Division, located at 720 Chihuahua St., from R-O (Residential/Office District) to B-3 (Community Business District). ZC District III Moved: Cm. Torres Second: Cm. Rodriguez For: 7 Against: 0 Abstain: 0 Cm. Balli was not present. Nathan Bratton, Planning Director, confirmed that CVS bought this property to build a pharmacy. Motion to close public hearing and introduce. Moved: Cm. Perez Second: Cm. Torres 8. Public Hearing and Introductory Ordinance amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lot 6, Block 35, Eastern Division, located at 716 Chihuahua St., from R-O (Residential/Office District) to B-3 (Community Business District). ZC District III Moved: Cm. Torres Second: Cm. Rodriguez For: 7 Against: 0 Abstain: 0 Cm. Balli was not present. Nathan Bratton, Planning Director, confirmed that CVS bought this property to build a pharmacy. Motion to close public hearing and introduce. Moved: Cm. Perez Second: Cm. Torres 9. Public Hearing and Introductory Ordinance amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lot 7, Block 35, Eastern Division, located at 706 Chihuahua St., from R-O (Residential/Office District) to B-3 (Community Business District). ZC District III Moved: Cm. Torres Second: Cm. Rodriguez 9

10 For: 7 Against: 0 Abstain: 0 Cm. Balli was not present. Nathan Bratton, Planning Director, confirmed that CVS bought this property to build a pharmacy. Motion to close public hearing and introduce. Moved: Cm. Perez Second: Cm. Torres 10. Public Hearing and Introductory Ordinance amending the Zoning Ordinance (Map) of the City of Laredo by rezoning S. 50 of Lot 8, Block 35, Eastern Division, located at 702 Chihuahua St., from R-O (Residential/Office District) to B-3 (Community Business District). ZC District III Moved: Cm. Torres Second: Cm. Rodriguez For: 7 Against: 0 Abstain: 0 Cm. Balli was not present. Nathan Bratton, Planning Director, confirmed that CVS bought this property to build a pharmacy. Motion to close public hearing and introduce. Moved: Cm. Perez Second: Cm. Torres 11. Public Hearing and Introductory Ordinance amending the Zoning Ordinance (Map) of the City of Laredo by rezoning N. 88 of Lot 8, Block 35, Eastern Division, located at 1115 Cedar Dr., from R-O (Residential/Office District) to B-3 (Community Business District). ZC District III Moved: Cm. Torres Second: Cm. Rodriguez For: 7 Against: 0 Abstain: 0 Cm. Balli was not present. Nathan Bratton, Planning Director, confirmed that CVS bought this property to build a pharmacy. Motion to close public hearing and introduce. 10

11 Moved: Cm. Perez Second: Cm. Torres 12. Public Hearing and Introductory Ordinance amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lot 313, Block 14, Del Mar Hills Subdivision, located at 419 Del Mar Blvd., from R-S (Residential Suburban District) to R-O (Residential/Office District). ZC Staff does not support the application and the Planning and Zoning Commission recommends approval of the Zone Change. District V Moved: Cm. Vielma Edgar Parra stated that he received 9 responses in favor of the zone change and only one letter in opposition. He noted that he contacted more neighbors and received 27 approvals from them. Cm. Vielma countered that while Mr. Parra only received one letter in opposition from his neighbors, in writing four letters of opposition were submitted to City staff. When Mr. Parra talked to his neighbors, their understanding was that the property would be used for professional offices. When they were informed that the zone change allows the property to be used for a restaurant, selling alcohol or having music at night, they submitted opposition. Neighbors also noted that they wanted to retain the residential character of the area. Nathan Bratton, Planning Director, confirmed that an amended application is needed because staff must see a site plan. Motion to close public hearing and instruct applicant to submit an amended application for a Conditional Use Permit for professional offices. Moved: Cm. Vielma 13. Public Hearing and Introductory Ordinance amending the Zoning Ordinance (Map) of the City of Laredo by authorizing a Conditional Use Permit for an Amusement Services (Indoors) on Lot 4-A, Block 8-A, Las Brisas Del Mar Subdivision Phase 1, located at 8602 McPherson Rd., Suites 104 and 105. ZC C Staff does not support the application and the Planning and Zoning Commission recommends approval of the Conditional Use Permit. District VI Moved: Cm. Altgelt 11

12 Second: Cm. Gonzalez Anna Olvera clarified that this property will be a party supply store, mostly piñatas. She voiced her opinion that parking and music will not be an issue. Motion to close public hearing and introduce and approve the Conditional Use Permit indefinitely. Moved: Cm. San Miguel Second: Cm. Altgelt 14. Public Hearing and Introductory Ordinance amending the Zoning Ordinance (Map) of the City of Laredo by rezoning the S of Lot 5 and the S of the E of Lot 4, Block 289, Western Division, located at 2002 Hidalgo St., from R-O (Residential/ Office District) to CBD (Central Business District). ZC Planning and Zoning Commission recommends approval of the Zone Change. Property is remote from contiguous CBD, a CUP reflecting CBD parking and setback requirements would be preferred. District VIII Second: Cm. Rodriguez For: 7 Against: 0 Abstain: 0 Cm. San Miguel was not present. Cm. Balli noted that a property across the street provides parking. Nathan Bratton, Planning Director, confirmed that the applicant is requesting a CBD but staff recommends a CUP with limited parking. A CBD requires no parking. Motion to close public hearing and introduce. Second: Cm. Altgelt 15. 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 8, 9 and 10, Block 350, Western Division, located at 11 Iturbide Street. ZC C Staff does not support the application and the Planning and Zoning Commission recommends approval of the Conditional Use Permit. District VIII 12

13 Second: Cm. Rodriguez For: 6 Against: 0 Abstain: 0 Cm. Perez and Cm. San Miguel were not present. Reynaldo Garcia spoke in favor of the Conditional Use Permit. He reported that an interested party intends to fix up the property s interior and exterior. The property has been vacant for eight months. Motion to close public hearing and introduce. Second: Cm. Gonzalez For: 6 Against: 1 Abstain: 0 Cm. Gonzalez Cm. Torres Cm. Rodriguez Cm. Perez Cm. Vielma Cm. Altgelt Cm. Balli Cm. San Miguel was not present. 16. Public Hearing and Introductory Ordinance amending Chapter 19 (Motor Vehicles and Traffic), Article XII (Transit System), Divisions 2 and 5, Sections (C) and , of the Code of Ordinances to increase fixed Transit Service Fares and Paratransit Fares; providing an effective date; and providing for publication. There was no public input. Motion to close public hearing and introduce. Second: Cm. Torres IX. INTRODUCTORY ORDINANCES 17. An Ordinance of the City of Laredo, Texas, amending Chapter 2, Administration, of the Code of Ordinances by enacting Article IX entitled Open Data Policy, consisting of sections through 2-410, regarding open data accessibility for the City of Laredo; reserving sections through 2-420; providing that this Ordinance shall be cumulative; providing a severability clause; and declaring an effective date. Ordinance Introduction: City Council 13

14 18. Setting the new speed limits on section of Cuatro Vientos, between Cielito Lindo Boulevard and Mangana-Hein Road, within the city limits of Laredo, Webb County, Texas, to 65 miles per hour, as defined in the Texas Department of Transportation control section map CS , providing for the installation of appropriate signs to indicate new speed changes in the designated area and providing for publication and effective date. Ordinance Introduction: City Council X. FINAL READING OF ORDINANCES Motion to waive the final reading of Ordinances 2017-O-101, 2017-O-102, 2017-O-106, 2017-O-107, and 2017-O-108, as amended. For: 7 Against: 0 Abstain: 0 Cm. Gonzalez was not present O-091 Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning approximately 8.10 acres, as further described by metes and bounds in attached Exhibit A, located at South of Flecha Lane and West of FM 1472 (Mines Road), from AG (Agricultural District) to M-1 (Light Manufacturing District); providing for publication and effective date. ZC District VII Nathan Bratton, Planning Director, clarified that the original did not designate this area as a reserve, which is required for the platting process. Motion to adopt Ordinance 2017-O-091. Moved: Cm. Altgelt For: 5 Against: 0 Abstain: 0 Cm. Gonzalez, Cm. Rodriguez, and Cm. Torres were not present O-099 Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning approximately acres out of Tract QMM Investments, LLC., Abstract 283, Porcion 23 L. Sanchez, located south of Flecha Lane and west of FM 1472, from AG (Agricultural District) to B-4 (Highway Commercial District). ZC Motion to adopt Ordinance 2017-O-099. Moved: Cm. Altgelt For: 5 Against: 0 Abstain: 0 Cm. Gonzalez, Cm. Rodriguez, and Cm. Torres were not present. 14

15 O-100 Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning approximately acres out of Tract QMM Investments, LLC., Abstract 283, Porcion 23 L. Sanchez, located south of Flecha Lane and west of FM 1472, from AG (Agricultural District) to M-1 (Light Manufacturing District). ZC Motion to adopt Ordinance 2017-O-100. Moved: Cm. Altgelt For: 5 Against: 0 Abstain: 0 Cm. Gonzalez, Cm. Rodriguez, and Cm. Torres were not present O-101 Amending the City of Laredo's Waterworks Construction Fund FY Annual Budget by appropriating revenues and expenditures in the amount of $462, Insurance proceeds were received from the Texas Municipal League Intergovernmental Risk Pool in the amount of $362, and the remaining $100, will be received upon completion of final investigation by TML. Funds will be used for repairs to existing pump and new magnetic meter at El Pico Water Treatment Plant. Riazul Mia, Utilities Director, confirmed that this money is what was received from insurance and will be used to repair pump #1. Motion to adopt Ordinance 2017-O-101. Moved: Cm. Altgelt For: 7 Against: 0 Abstain: 0 Cm. Gonzalez was not present O-102 Amending the City of Laredo's 2010 Sewer Revenue Bond FY Annual Budget by appropriating revenues and expenditures in the amount of $1,500, Proceeds in the amount of $1,500, will be received from the sale of the "surface only" of acre tract of land that is being purchased by AEP, Texas, Inc. Funds will be used to purchase additional land for the proposed Manadas Wastewater Treatment Plant. Motion to adopt Ordinance 2017-O-102. For: 7 Against: 0 Abstain: 0 Cm. Gonzalez was not present O-103 Authorizing the City Manager to execute a billboard lease with Lamar 15

16 Outdoor Advertising located on U.S. Highway 83, known as the Riverhill Property. The term for the this parcel will consist of a five (5) year lease, at the annual base rental amount of $2, with an additional 20% of revenue generated less the base rent for a 12- month period. Arturo Garcia, Community Development Director, confirmed that this is an existing lease. The City purchased the property, which came with a billboard. Motion to adopt Ordinance 2017-O-103. Second: Cm. Torres O-105 Amending Chapter 28, Article IX Entitled Public Right-of-Way Management of the Laredo Code of Ordinances by adding Division 12, Section through regarding the siting of wireless communications facilities in the public rights-of-way; and providing an effective date of September 1, Kristina L. Hale, Acting City Attorney, requested that this item be tabled or postponed until the next Council meeting as it needs amendment. Motion to table. Second: Cm. Torres O-106 Amending Chapter 19, Motor Vehicles and Traffic, Article VIII, Stopping, Standing, or Parking, of the Code of Ordinances, City of Laredo, specifically adding Subsection (23) which establishes the north side of the 2000 block of E. Lyon Street, between Malinche Avenue and Urbahn Avenue, as a No Parking Anytime/Tow Away zone, providing severability and for an effective date and publication. Motion to adopt Ordinance 2017-O-106. For: 7 Against: 0 Abstain: 0 Cm. Gonzalez was not present O-107 Amending Chapter 19, Motor Vehicles and Traffic, Article VIII, Stopping, Standing or Parking, of the Code of Ordinances, City of Laredo, specifically adding Subsection (22) which establishes the west side of the 2900 block of N. Urbahn Avenue, between E. Frost Street and E. Lyon Street, as a "No Parking /Tow Away Zone" 16

17 from 8 am to 5 pm, school days, providing for severability and for an effective date and publication. Motion to adopt Ordinance 2017-O-107. For: 7 Against: 0 Abstain: 0 Cm. Gonzalez was not present O-108 Ratifying the City Manager s approval of the amendment to the lease agreement between the City of Laredo and the United States Postal Service for the rental of office space at the Old Federal Courthouse located at 1300 Matamoros to authorize a temporary license agreement providing for the placement of a trailer on the street in front of the building for a period of five (5) months from August 1, 2017 to December 31, 2017 due to the emergency abatement, remediation and reconstruction of the Postal Service first floor area. The customary rental rate of $8, monthly will be suspended to allow for the lease payment of $1.00 during this same period. Motion to adopt Ordinance 2017-O-108. For: 7 Against: 0 Abstain: 0 Cm. Gonzalez was not present. XI. CONSENT AGENDA Motion to approve the Consent Agenda Items #29-#33 with clarification on #33. Moved: Cm. Torres Second: Cm. Perez Motion to approve the Consent Agenda Items #34-#46. Second: Cm. Gonzalez XI (a) RESOLUTIONS R-84 Authorizing the City Manager to submit a grant application in the amount of $181, to the Office of the Governor, Criminal Justice Division, for the purpose of funding the Rifle-Resistant Body Armor Grant Program. The funds will be used to equip 200 officers at 17

18 risk of shootings with bullet-resistant personal body armor compliant with the National Institute of Justice (NIJ) standard for rifle protection. The Rifle-Resistant Body Armor Grant Program will begin January 01, 2018 through March 01, 2018 and may not exceed 12 months. This program does not require matching funds R-85 Authorizing the City Manager to accept a grant award in the amount of $637, from the Texas Auto Burglary & Theft Prevention Authority to fund the Laredo Auto Theft Task Force for the period of September 1, 2017 through August 31, 2018 to pay for salaries and supplies. The grant requires a cash match in the amount of $369, which is available in the General Fund for a total grant amount of $1,007, R-86 Authorizing the City Manager to accept a grant in the amount of $137, from the Office of the Governor s Homeland Security Grants Division (HSGD) for the purpose of funding the 2018 Local Border Security Program (LBSP) for the period of September 1, 2017 through August 31, This grant does not require matching funds. Funding will be used to pay for overtime to increase patrol security along the Texas-Mexican border R-87 Amending Resolution #2017-R-79 by adding one (1) additional memorandum of understanding (U.S. Marshals - Sex Offenders Joint Operation) 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 but not limited to: Drug Enforcement Administration (DEA), Federal Bureau of Investigations (FBI), SCAN, 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 R-090 Authorizing the City Manager to submit a grant application, if offered, to the Federal Aviation Administration in the amount of $7,000, for the Laredo International Airport and authorizing the City Manager to execute all necessary documents resulting from the award. The purpose of the grant is to provide funding for the reconstruction of Cargo Apron Phase 10, Taxiway E Widening, and Runway Re-designation Signage & Markings. The City s local match in the amount of $777, (10%) is available in the Airport Construction Fund. Mario Maldonado, Airport Director, clarified that the City s local match is $700,000, not $777,777. Motion to adopt Resolution 2017-R-090, with correction. Moved: Cm. Torres 18

19 XI (b) MOTIONS 34. Authorizing the City Manager, in support of the City of Laredo International Airport Compatibility Program, to award a contract for Sound Insulation Services to Northeast Noise Abatement Corporation of Warwick, RI in the amount of $1,454, as the lowest bidder. Sound Insulation improvements will be performed on 97 units to meet Federal Aviation Administration acceptable sound insulation limits. Funding is available through FAA Airport Improvement Project (AIP) Grant # Authorizing the City Manager to approve and execute the first, two (2) year extension of the contract with Landscapes Management Company, LLC, for the operation and management of the clubhouse, golf course, cart facility, maintenance building and appurtenances, and any other golf course or golf related facility owned by the City and situated on the real property located at FM 1472, known as the Max A. Mandel Municipal Golf Course with the following terms: 1. Two (2) additional two (2) year renewal options still available; 2. A management fee will be $7, per month due October 2017 if requirements are met ($89, annually). 3. The management fee will increase by 3% each fiscal year on October 1st. 4. Incentive fee of 10% of increase in Net Operating Income over the prior fiscal year. 5. In the event that Landscapes fails to meet the Net Operating Income projections by $100, or more for fiscal year, the City shall have the right, in its discretion, to adjust the Base Management Fee as per the contract. The initial term of this two (2) year extension will commence on October 1, 2017 and end on September 30, 2019 on terms mutually agreed. This contract is subject to the approval of the FY budget appropriations. 36. Authorizing the City Manager to enter into and execute a contract between CenturyLink and the City of Laredo for the purchase of Sentry Software and Equipment through the Houston Galveston Area Council of Governments (HGAC) Cooperative Purchasing Contract EC07-16 in the total amount of $52, The Sentry Software and Equipment will be provided to all eight (8) Public Safety Answering Points (PSAPs) located throughout the South Texas Region. Sentry is a System Management product that provides enhanced maintenance monitoring, including immediate notification of irregular behavior of the System. Funding is available in the Regional Fund. 37. Consideration to award a contract to NCR from Dayton, Ohio (Fred Constant) in the estimated amount of $109, for the purchase and set up of a Point of Sale (POS) System for the Laredo Energy Arena. This POS system will be used for LEA concessions, sales, inventory/audit controls and includes: the application, server, storage, database, all end user devices, training and turn key installation. Funding is available in the LEA Renewal and Replacement Division under the Sports & Community Venue Sales Tax Fund. 38. Authorizing the City Manager to enter into contract with Ion Wave Technologies (IWT), Springfield, MO for a procurement web-based system (modular suite contract management, e-procurement solutions). Contract amount is for $27,

20 initial year with annual renewal options of $24, per year for up to nine (9) years; contract is subject to future budget appropriations. This contract is utilizing the BuyBoard Cooperative Purchasing Program. Funding for this contract is available in the Finance-Purchasing Division fund. 39. Consideration to extend Contract FY for the following services, Blue Cross Blue Shield of Texas; Agent Services: Laurel Insurance Agency & Associates, Inc. 1) Third Party Medical Claims, Stop Loss, and COBRA Administration 2) Pharmacy Benefit Management 3) Medical Network Connect Your Care through Blue Cross Blue Shield of Texas; Agent Services: Laurel Insurance Agency & Associates, Inc 1) Section 125 Administration Original contract was awarded for three (3) years on July 21, 2014, therefore this would be the first one (1) year extension from two (2) extension periods allowed by the contracts. These extensions will be effective October 1, Approving monthly adjustments to the tax roll. The amounts to be adjusted for the month of July 2017, represent a decrease of $7, These adjustments are determined by the Webb County Appraisal District and by court orders. 41. Consideration to authorize the installation of one (1) speed hump on Fray Augusto Lane, between Campanario and Bartalome, under the Special Provision of the Speed Hump Installation Policy, and to authorize the use of asphalt type speed hump, instead of a speed cushion, which is currently required under the policy. City Council District II Priority Fund will be used for this project in the amount of $2, Authorizing the City Manager to award a contract in the amount of $245, to Pump Solutions, Hutto, Texas for the labor and parts to repair a Patterson 24 RHC 2 -Stage 10 MGD 600 HP Raw Water Pump at El Pico Water Treatment Plant for the Utilities Department. Funding is available in the Water Works Fund - Insurance proceeds as stipulated in Final Ordinance # 2017-O Consideration for approval of the selection of engineering consultant Texas Energy Engineering Services, Inc., Austin, Texas and authorizing the City Manager to negotiate a contract to conduct a Utility Assessment Report (UAR) based on Texas State Energy Conservation Office (SECO) requirements. The UAR needs to be completed to receive the loan closing from the SECO. 44. Authorizing the City Manager to award a contract to Lockwood, Andrews & Newnam, Inc. (LAN) for the Utilities Department Asset Management Plan Phase II (implementation) in the amount of $197, Funding is available in the 2011 Sewer Revenue Bond. 20

21 45. Consideration to award a contract to Azteca Systems, LLC, Sandy, UT, on an annual basis for the term of three (3) years in the amount of $55,000.00, beginning of year one (1), $65,000.00, beginning of year two (2) and $75,000.00, beginning of year three (3), for the acquisition of software license, including software maintenance for the purpose of utilities infrastructure asset management. The selection of Cityworks Asset Management software is based on the recommendations in the Asset Management Plan Report developed by City of Laredo Utilities Staff and Lockwood, Andrews & Newnam, consultant. The agreement offers an annual 'ramped' pricing structure for three (3) years not to exceed a total of $195, Funding is available in the Water Works System Fund - Construction Division. 46. Consideration for acceptance of the South Laredo Wastewater Treatment Plant Administration Building by Trillium LLC dba Cobalt Construction, release of retainage as final payment in the amount of $119,849.98, and approval of final change order #1, a net decrease of ($28,130.00) for a total final contract amount of $1,198, and extension of time of 43 working days. Funding is available in the 2011 Sewer Revenue Bond. END OF CONSENT AGENDA XII. STAFF REPORTS 47. Discussion with possible action on ongoing audits and/or irregularities identified by the Internal Auditor including the potential assignment of other and/or additional auditing duties; and any other matters incident thereto. Cm. Balli noted that he reviewed all audit reports and does not have any questions. No objections were noted by Council. Veronica Baeza, Internal Auditor, confirmed that the audit reports are publically available. The Bridge Department s cash audit is performed every month on random employees. Motion to approve the audit report as presented. Moved: Cm. Torres Second: Cm. Perez 48. Presentation of the Plan of Finance by Noe Hinojosa of Estrada-Hinojosa & Company, Inc., as it relates to the proposed issuance of new debt for various citywide projects in addition to the potential refunding of existing bonds. Noe Hinojosa of Estrada-Hinojosa & Company, the financial advisor to the City of Laredo, reported that current payments on bridge revenue debt are about $7.3 million. Rosario Cabello, Finance Director, confirmed that by resolution since 1998, half of all bridge revenues must go into the general fund and the other half stay in the Bridge Department, after debt service. 21

22 Mr. Hinojosa noted that Council s rating should not be affected by any of the financing options he presented in Council s Friday packet. No action taken. 49. Status Report on Forest Loop flooding by John Porter, Environmental Services Director. John Porter, Environmental Services Director, reported that staff sent letters to the downstream landowners of the Forest Loop area in June Staff confirmed that floodgates were working. A letter was also sent to United ISD in June 2017 regarding design issues and deficiencies with the Trautman detention pond. Mr. Porter met with Jeff Puig at CEC Engineering, Director of Construction Ignacio Alaniz at UISD, and Director of Operations Juan Avila at UISD. The meeting discussed miniature ponds to alleviate flooding, and discussions are ongoing. Between July and August 2017, staff has been working on a buyout of a property on Forest Loop The appraisal has been completed and closing is underway. That property will likely be used for a drainage channel. No action taken. XIII. EXECUTIVE SESSION None XIV. GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS 50. A. Request by Council Member Vidal Rodriguez 1. Discussion with possible action to consider an Ordinance to implement a brush and bulky item collection service to include construction and demolition debris (wood, sheetrock, carpet, siding, etc.) and household waste and bulky items, such as used appliances, couches, and mattresses. (Co-Sponsored by Council Member Alberto Torres, Jr.) Cm. Rodriguez noted that the City wants to provide an optional service to the citizens of Laredo. Stephen Geiss, Solid Waste Director, confirmed that the department is often asked to pick up very large piles of debris that are larger than the current ordinance specifications. Currently, grapple services cost about $9.07 per cubic yard of brush. Solid Waste picked up over 7,000 tons last year, totaling about $514,000. The current ordinance states that the department only pick up piles that are no larger than two and one-half (2 ½) feet high, by four (4) feet wide, by five (5) feet long. The ordinance also states that heavy accumulations such as brush, glass, broken concrete, ashes, sand, dirt or gravel, automobile frames, dead trees, and other bulky, heavy non-putrescible materials shall be disposed of at the expense of the owner or person controlling the same by a method directed by the City. Mr. Geiss noted that the department has been in 22

23 violation of the ordinance because they are picking up larger bundles than specified as a courtesy. Mr. Geiss presented the proposed ordinance based on similar ordinances in other cities. The proposed ordinance s Brush and Bulky Item collection service section was proposed as follows: (1) Accumulations of clean brush exceeding the size specified in Section 14.2(d) may be picked up by the City s grapple service for the following fees: Up to 5 cubic yards $25.00 minimum charge Each additional cubic yard $7.00 (2) Construction and demolition debris (wood, sheetrock, carpet, siding, etc.) and household waste: Up to 5 cubic yards $55.00 minimum charge Each additional cubic yard $11.00 (3) Bulky items, such as used appliances, couches, and mattresses may be picked up by the City s grapple service for a fee of $25.00 per item. (4) The following items are prohibited for pick up by the City grapple service: Electronic waste, including by not limited to televisions, monitors, and computer equipment Batteries, car parts, items with internal combustion engines, items with a title Paints, solvents, motor oil, or any other liquid Rocks, concrete, asphalt, or dirt Whole trees greater than three inches in diameter Any other wastes considered to be hazardous or universal waste Cm. Rodriguez noted that the City should include brush and grass as part of its service. He requested that staff consider lowering the mattress and couch charge from $25 to $15 per item. Motion to reject the brush fee portion of the ordinance for residents and approve the remaining ordinance language and lowering the bulky items fee from $25 to $15 for the first item, $10 for a second item, and $5 for additional items, and bring back the original ordinance for consideration and remove a branch fee for commercial and industrial services doing construction in a residential house and change the bundle sizes to fifteen (15) by three (3) feet by three (3) feet, as amended. Moved: Cm. Rodriguez Second: Cm. Torres Mr. Geiss explained that the department will use a customer service representative measure the pile, give a quote to the customer, and accept credit card payments for the pickup service. Online payments can be considered as well. Cm. Torres noted that he sees ten residences a day with branches on the curb, voicing his opinion that the City should pick up that debris. He asked Cm. Rodriguez to consider bringing back the existing ordinances so that Council can remove the cost if possible. 23

24 Mr. Geiss asked Council to consider applying a free debris pickup charge to the ordinance for residential addresses only. Cm. Altgelt stated that Texas law defines any dumping of debris or trash onto the street as illegal dumping. Usually lawn companies or gardeners have been leaving the branches, grass clippings, and yard waste on the curb after they have finished with a customer. The City has not been citing these individuals for illegal dumping, but instead Solid Waste picks up the debris for free. He voiced his opinion that if residents pay to have their trash picked up, they should pay to have the City pick up their yard waste after hiring a gardener. He asked that Council reconsider a fee requiring residents with homes that have a property value of $140,000 or more to pay the fee to have limbs collected that are illegally dumped in front of their homes. He also noted that if a residence has the money to perform construction on their home or lacks the couth to take a mattress to the dump, they should pay a fee to have that trash removed. Mr. Geiss clarified that the department has been considering the debris and yard clippings dumped by hired gardeners or lawn companies as residential and not commercial. Cm. Torres noted that he does not support Cm. Altgelt s stipulation of the property value when considering a fee charge. Cm. Altgelt agreed that a fee charge should be applied across the board to all residents. Mr. Geiss reported that a resident hauling branches to the landfill can do so for free. Construction debris and other large waste can be self-hauled and dumped at the landfill for $2 up to a ton on weekdays and Saturdays for free up to a ton. Amounts over a ton have a fee of $31.50 per ton. Cm. Balli voiced his opinion that the fee for the City to come pick up debris should not be cheaper than the cost of a construction company to resident hauling the waste to the landfill, as it is not fair to the taxpayers. Cm. San Miguel voiced his agreement with Cm. Balli s point, as the lack of a fee promotes abuse of businesses that charge a fee for dumping debris and then leaving the debris at the customer s home or bringing it back to their home for free pickup. He recommended lowering the fee for clean brush rather than eliminating it completely. He also asked if staff would consider a citation for illegal dumping. Mr. Geiss clarified that illegal dumping is not in the Solid Waste ordinance. John Porter, Environmental Services Director, stated that the illegal dumping ordinance, which is in Chapter 33 of the Laredo Code of Ordinances, can be referred to in the new ordinance. Cm. San Miguel asked that Council reduce the fee for clean brush rather than remove it and increase the fee for construction and demolition debris. Robert Eads, Assistant City Manager, clarified that the intention of this new ordinance was to present an a la carte option that community members can 24

25 choose to utilize or not. Cm. Altgelt noted that something should be set up to protect residents from fees or citations who have debris and bundles illegally dumped in front of their homes. Cm. Torres suggested a bulky item fee schedule of $15 for the first item, $10 for a second item, and $5 for any additional items. Mayor Pro-Tempore Perez called for the question. B. Request by Mayor Pro-Tempore Alejandro "Alex" Perez 1. Discussion with possible action on the maintenance and upkeep on playgrounds and exercise equipment in District III. Celina Rivera, Parks & Leisure Services Director, confirmed that the exercise equipment at Ryan Park was repaired through warranty coverage. Two other pieces of equipment are also covered by warranty, and the repairs are underway. She noted that the department is waiting on the receipt of parts from Canada, and the process may take 6-12 weeks. No action taken. 2. Discussion with possible action on the maintenance and upkeep under the Chihuahua and Guadalupe Bridge. Cm. Perez noted that he receives numerous phone calls about trash, debris, and overgrown grass in this area. There is currently some confusion as to whether this area is under the responsibility of the City or TxDOT. John Orfila, Public Works Director, confirmed that under a maintenance agreement with TxDOT, and the City will take over the responsibility of this area effective Tuesday, August 22, No action taken. 3. Discussion with possible action on-going City wide LED street lights based on the pilot program in District III and IV. Funding available in the District III Priority Fund. Cm. Perez reported that a pilot program was conducted about a year ago, but nothing has come of it to-date. Riazul Mia, Utilities Director, reported that staff is communicating with AEP and may be the first Texas city to change to all LED lighting without investing money. Contract negotiations are almost complete. Lighting prices have recently decreased, and the City may only need to pay for the upfront installation and then a monthly lighting rate moving forward. 25