CITY OF LAREDO CITY COUNCIL MEETING M2016-R-04 CITY COUNCIL CHAMBERS 1110 HOUSTON STREET LAREDO, TEXAS MARCH 7, :30 P.M.

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1 CITY OF LAREDO CITY COUNCIL MEETING M2016-R-04 CITY COUNCIL CHAMBERS 1110 HOUSTON STREET LAREDO, TEXAS MARCH 7, :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. ROLL CALL In attendance: Pete Saenz Rudy Gonzalez Juan Narvaez Roque Vela, Jr. Charlie San Miguel George J. Altgelt Roberto Balli Doanh Zone T. Nguyen Jesus Olivares Cynthia Collazo Horacio De Leon Raul Casso Mayor District I Mayor Pro-Tempore, District IV District V District VI District VII District VIII Acting City Secretary City Manager Deputy City Manager Assistant City Manager City Attorney Cm. San Miguel and Cm. Altgelt joined at 5:38 pm. IV. MINUTES Approval of the minutes of February 16, 2016, February 23, 2016 and February 26, Motion to approve the February 16, February 23, and February 26, 2016 minutes. Moved: Cm. Gonzalez Second: Cm. Vela For: 4 Against: 0 Abstain: 0 Cm. San Miguel and Cm. Altgelt were not present. V. COMMUNICATIONS AND RECOGNITIONS Citizen comments

2 Tricia Cortez, Rio Grande International Study Center Executive Director, stated that the State of Texas has planned to spray aerial chemicals along the Rio Grande upstream of Laredo. The expected launch date is in the next 60 to 90 days. This spraying causes threats of national security, public health, environmental damage, and taxpayer expense. Such spraying costs $1.2 million per river mile and requires multiple applications and manual labor to revegetate the riverbank. In 2009, multiple Laredo citizens settled a legal case forbidding aerial spraying of chemicals along 16.1 miles of Laredo riverbank in perpetuity. The proposed spraying circumvents that legal settlement, but a USDA-approved method using biological agents, wasps, and custom-made blades fitted onto tractors would be a much better alternative to aerial chemical sprays. The Rio Grande remains one of the ten most endangered rivers in the world due to insufficient water supply. Ms. Cortez urged Council to take action against the proposed aerial spraying. Armando Cisneros noted that the North Central Park land purchase which was discussed at the previous Council meeting was appraised at $1.169 million, which differs from the purchasing price by $331, He quoted Cm. San Miguel as stating that the land had just been put up for sale and later saying the landowners had dropped the price, but Mr. Cisneros believes that to be contradictory. He thinks that $331, more than the appraised value is too much money to pay. Lakshmana Vish Viswanath stated that after multiple requests, he has still not heard the report of the First Recycling contract or independent audit. Multiple citizens have come to many of the Council meetings and bringing up important issues while not receiving any feedback. They would like to receive answers so that they may put to rest many issues that concern them. He asked that Council be more upfront and transparent with the public. Mayor Saenz requested the City Manager to add the report of the First Recycling contract and audit to the next City Council meeting agenda. City Manager Jesus Olivares agreed to do so after he receives a briefing from the auditors. Luis Cisneros, Sierra Vista resident, stated that he has tried for many years to resolve multiple traffic synchronization problems in the neighborhood. Every time a traffic light is built on Zapata Highway, the Texas Department of Transportation (TXDOT) is responsible for maintaining that light for one year. After one year, the City of Laredo assumes responsibility for the light and incorporates their own timing cycles. He noted that the timing cycles of the lights cause major traffic congestion. He asked Council to direct the Traffic Department to make necessary adjustments to traffic lights along Zapata Highway. He also voiced concern over the Council s order for an audit of Unitrade including the golf course, travel expenses, and cash handling. He asked if the audit was finalized and made public. Mayor Saenz requested the City Manager to include the reports of the aforementioned audits to the agenda for the next City Council meeting. Jesus Quiroz noted that three weeks ago, City Council voted on the purchase of the Canseco House, which has been vacant for years. He voiced frustration that while this property was supposed to be donated to the City, his representative s only comment on the purchase was that the donation fell through. The house was appraised as a residential or office property, which is what the Webb County appraisal district has applied in its valuation of $215, However, Cm. Perez claimed that the home is a commercial property so the City would have to pay $450, for it. After multiple red flags, Mr. Quiroz does not understand why the City has not decided against the purchase of this property. He believes the City should be more forthcoming to the public in its transactions and decisions. VI. APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES 2

3 a. Appointment of Nicandro Villarreal, III to the Fire Fighters and Police Officers Civil Service Commission of the City of Laredo to serve a (3) three year term effective March 7, 2016 to March 7, Motion to approve the appointment of Nicandro Villarreal, III, to the Fire Fighters and Police Officers Civil Service Commission to serve a three year term from March 7, 2016 to March 7, b. Appointment by Council Member Roque Vela Jr. of a commissioner to the Ethics Commission. Vish believes the member roster of the Ethics Commission is not up-to-date and asked for clarification of who the members are. He also noted that the City Manager was supposed to create an ad hoc committee, and he has not heard anything about that. Cm. Altgelt stated that in light of the eight dark years of Mr. Villarreal s career as City Manager, he is explicatively against this appointment. Cm. Vela noted that in Mr. Villarreal s eight years of employment, the City of Laredo had the highest bond rating and increased its reserves by tens of millions of dollars. He believes that Mr. Villarreal would greatly serve the Ethics Commission to clean up the City. Motion to approve the appointment of Carlos Villarreal to the Ethics Commission. Second: Cm. Balli For: 4 Against: 2 Abstain: 0 Cm. Gonzalez Cm. San Miguel Cm. Narvaez Cm. Altgelt Cm. Vela Cm. Balli c. Appointment by Council Member Roque Vela Jr. and Council Member Charlie San Miguel of a board member to the Regional Mobility Authority (RMA) Board. Motion to approve the appointment of Douglas Howland to the Regional Mobility Authority Board. Second: Cm. Narvaez d. Appointment by Mayor Pro-Tempore Juan Narvaez and Council Member Alex Perez of a board member to the Regional Mobility Authority (RMA) Board. 3

4 Motion to approve the appointment of Alfonso Poncho Mendiola to the Regional Mobility Authority Board. Moved: Cm. Narvaez Second: Cm. Altgelt VII. PUBLIC HEARINGS 1. Authorizing the City Manager to execute a Stonegarden grant and appropriate funding in the Airport Budget FY2016 in the amount of $15, and approve a Memorandum of Understanding with Webb County for the 2015 Homeland Security Grant Program (HSGP) Operation Stonegarden (OPSG). Funding will be available on a reimbursement basis through the Webb County Sheriff s Office (WCSO). This funding will be used for overtime and fringe benefit expenses used for Stonegarden Operations at the Laredo International Airport. No local match is required. The term of this grant agreement is from January 1, 2016 to August 31, Motion to open the public hearing. There was no public input. Motion to close public hearing and introduce. Second: Cm. Narvaez 2. Closing as a public easement, an alley dedicated for public use in Block 926, Eastern Division, City of Laredo, Webb County, Texas, also known to be located at the 1700 block of Guadalupe Street and providing for the reversion of the public s interest in said alley to the abutting landowners in equal shares, and providing for an effective date. Motion to open the public hearing. Moved: Cm. Gonzalez Second: Cm. Narvaez There was no public input. Motion to close public hearing and introduce. Second: Cm. Narvaez 4

5 3. Closing as a public easement a dedicated alley in Block 25, Eastern Division, City of Laredo, Webb County, Texas, also known to be located on the 700 block of Market Street and providing for the reversion of the public's interest in said alley to the abutting landowners in equal shares and providing for an effective date. Motion to open the public hearing. There was no public input. Motion to close public hearing and introduce. Second: Cm. Balli VIII. INTRODUCTORY ORDINANCES 4. Authorizing the City Manager to execute a lease agreement with United States of America, by and through U.S. Customs and Border Protection, for the leasing by border patrol of a City of Laredo parcel of property located on the river bank of the Rio Grande from the City s Zacate Creek waste water treatment plant at Springfield and Aldama to the conjunction of Chacon Creek at the Rio Grande, and more particularly described by parcel numbers attached hereto. The purpose of the lease is for the construction by Border Patrol of an all-weather, river-side Road Corridor, for the patrolling and securing of the implicated international border area in Laredo. The lease term is for five (5) years with three (3) five-year renewal options for a total of twenty (20) years, with a rental of one dollar ($1.00) per annum; and, providing for an effective date. Ordinance Introduction: City Council IX. FINAL READING OF ORDINANCES Motion to waive the final reading of Ordinances, 2016-O-030, 2016-O-031, 2016-O-032, and 2016-O O-029 Amending the Zoning Ordinance (Map) of the City of Laredo by authorizing a Conditional Use Permit for a Bar, on Lots 1 & 2, Block 857, Western Division, located at 3301 San Bernardo Avenue, Suite 24; providing for publication and effective date. Staff supports the application and Planning & Zoning Commission recommends approval of the Conditional Use Permit. District VIII 5

6 Sherry Medellin voiced her opposition to this ordinance on the grounds that many women from Nuevo Laredo come to drink for pay at downtown bars. She noted that pills are often slipped into customers drinks and causes health, safety and ethical concerns. Sandra Rocha Taylor, applicant for this location, stated that while many downtown bars in Laredo pose risks as Mrs. Medellin discussed, she is adjoining with another business for her bar as a tourist venue in a shopping and restaurant area to prevent such risks. Motion to adopt Ordinance 2016-O-029. Moved: Cm. Balli Second: Cm. Narvaez O-030 Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning.06 acres, as further described by metes and bounds in attached Exhibit A, located East of Bob Bullock Loop and North of Del Mar Boulevard, from R-1 (Single-Family Residential District) to B-4 (Highway Commercial District); providing for publication and effective date. Motion to adopt Ordinance 2016-O O-031 Amending the Zoning Ordinance (Map) of the City of Laredo by authorizing a Conditional Use Permit for the temporary placement of a manufactured home during the construction of a single-family residential structure on Lot 2, Block 624, Western Division, located at 2416 Ventura Street; providing for publication and effective date. District VIII Motion to adopt Ordinance 2016-O O-32 Authorizing the City Manager to extend the lease agreement for a five (5) year renewal between the City of Laredo and QSR Burgers One, L. P., (Burger King at El Metro). The term of the lease shall be for five (5) years with one (1) additional five (5) year option and three (3) successive options to extend the term hereof five (5) years each, upon the same terms, covenants and conditions. The monthly amount of $3, is the minimum annual guarantee of Forty Two Thousand Dollars ($42,000.00). 6

7 Motion to adopt Ordinance 2016-O O-033 Amending the Zoning Ordinance (Map) of the City of Laredo by authorizing a Special Use Permit for a Restaurant Serving Alcohol, on Lots 4A & 4B, Block 1, Gonzalez Subdivision, located at 4615 San Bernardo Avenue; providing for publication and effective date. X. RESOLUTIONS Staff supports the application and Planning and Zoning Commission recommends approval of the Special Use Permit. District VII Motion to adopt Ordinance 2016-O R-22 Authorizing the City Manager to submit a grant application in the amount of $85, to the Office of The Governor, Criminal Justice Department, for funding the 2017 JAG or Justice Assistance Grant for the period of October 01, 2016 through September 30, This funding will provide overtime for the Anti-Gang Unit which will target Criminal Street Gangs by identifying, monitoring, suppressing and documenting criminal gang activities and maintaining the TX-Gang database. Motion to approve Resolution 2016-R R-23 Accepting the conveyance of the following 15 Foot Utility and Utility Access Easement and corresponding Temporary Construction Easement for the Right To Construct, Reconstruct, Repair and Perpetually Maintain Water Line Improvements for the construction of a 24 Diameter Water Transmission Main from Loop 20 and Del Mar Blvd to East Corridor Booster Station from: JJL Gonzalez Properties, Ltd. By: JJL Gonzalez, L.L.C., General Partner By: Luis E. Gonzalez, Manager. Utility Easement as follows: A strip of land 15 In Width Containing 3, Square Feet or Acres more or less, over, across and upon Lot 4, Block 1 Jacaman Ranch Subdivision, Unit 6. A copy of which Conveyance is attached as 7

8 Exhibits A & B; and directing that the said Easement be filed of Record in Official Property Records of Webb County, Texas. Motion to approve Resolution 2016-R R-24 Authorizing the City Manager to accept a grant in the amount of $897, from the 2015 Homeland Security Grant Program (HSGP) Operation Stonegarden (OPSG). Funding will be available on a reimbursement basis through the Webb County Sheriff's Office (WCSO). This funding will be used for the purchase of vehicles and related equipment, and for overtime and fringe benefit expenses used for Stonegarden Operations. No local match is required. The term of this grant agreement is from January 1, 2016 to August 31, Motion to approve Resolution 2016-R R-26 Consideration to grant fee waivers and a tax abatement agreement between the City of Laredo and Prudenciana Flores Barrera for the residential property located at 1902 Lincoln St., being Lot 5 Block 287 Western Division. The proposed residential property eligible for property tax abatement include an addition of a 680 sq. ft. structure in the total amount of $16, which is equal to or in excess of 20% of the Base Value of the property in accordance with authorized guidelines and criteria established for the Neighborhood Empowerment Zone (NEZ). This agreement will be for a five (5) year period and will consist of an estimated annual tax abatement total of $ and estimated total fee waiver of $ based on capital investment for the purpose of economic development. Guidelines and criteria for the agreement are set forth in the attached agreement and information. Motion to approve Resolution 2016-R R-27 A Resolution of the City of Laredo, Texas, authorizing and directing the City Attorney s office pursuant to Chapter 251 of the Texas Local Government Code Municipal Right of Eminent Domain to acquire land necessary for a public use. A 24.86% interest in a tract of land containing 2, sq. ft. out of the Lot 3, Block No.3, of the Country 8

9 Club Estates Subdivision, as recorded in Volume 3, Page 13, of the Webb County Plat Records, in the City of Laredo, Webb County, Texas. Motion to approve Resolution 2016-R R-28 A Resolution of the City of Laredo, Texas, authorizing and directing the City Attorney s office pursuant to Chapter 251 of the Texas Local Government Code Municipal Right of Eminent Domain to acquire land necessary for a public use. Being acre parcel, (2, sq. Ft.), more or less, out of a community lane, approximately 20 feet wide, herein described parcel being situated in Porcion 22, Abstract 277, original grantee Maria de Jesus Sanchez in Laredo, Webb County, Texas. Motion to approve Resolution 2016-R R-29 A Resolution of the City of Laredo, Texas, authorizing and directing the City Attorney s office pursuant to Chapter 251 of the Texas Local Government Code Municipal Right of Eminent Domain to acquire land necessary for a public use. The two (2) parcels needed for the right of way are: Parcel 1 Being 0.67 acre (29,137 sq. Ft) tract of land more or less, out of a called acre tract conveyed to Arnulfo Gonzalez Jr., recorded in Volume 624, Page 486, Webb County Deed Records and partially out of a acre tract conveyed to Arnulfo Gonzalez Jr., recorded in Volume 637, Page 94, Webb County Deed Records, being out of Porcion 22, Dona Maria Jesus Sanchez, original grantee Abstract 277, Webb County, Texas. Parcel 2 Being 0.05 acre (2,382 sq. Ft.) Tract of land more or less, out of a acre tract conveyed to Arnulfo Gonzalez Jr., recorded in Volume 624, Page 486, Webb County Deed Records, being out of Porcion 22, Dona Maria Jesus Sanchez, original grantee Abstract 277, Webb County, Texas. The two (2) parcels needed for the drainage easement are: Parcel 3 Being an access and utility easement containing 0.16 acre (6,995 sq. Ft.) tract of land, more or less, out of a acre tract, 9

10 conveyed to Arnulfo Gonzalez, Jr., recorded in Volume 624, Page 486, Webb County Deed Records, being out of Porcion 22, Dona Maria Jesus Sanchez, original grantee abstract 277, Webb County, Texas. Parcel 4 Being an access and utility easement containing 0.08 acre (3,426 sq. ft.) tract of land, more or less, out of a acre tract conveyed to Arnulfo Gonzalez Jr., recorded in Volume 624, Page 486, Webb County Deed Records, being out of Porcion 22, Dona Maria Jesus Sanchez, original grantee Abstract 277, Webb County, Texas. Motion to approve Resolution 2016-R R-30 A Resolution of the City of Laredo, Texas, authorizing and directing the City Attorney s office pursuant to Chapter 251 of the Texas Local Government Code Municipal Right of Eminent Domain to acquire land necessary for a public use. The parcel needed for the right of way is: PARCEL 1 Being A 0.54 acre (23,582 sq. ft.) tract of land, more or less, out of a called 1.00 acre tract remainder of a 2.00 acre tract conveyed to Jose C. Resendez, recorded in Volume 1927, Page 53, Webb County Deed Records, being out of Portion 22, Dona Maria Jesus Sanchez, original grantee Abstract 277, Webb County, Texas. The parcel needed for the drainage easement is: PARCEL 2 Being an access and utility easement being a 0.25 acre (10,688 sq. ft.) tract of land, more or less, out of a called 1.00 acre tract remainder of a 2.00 acre tract conveyed to Jose C. Resendez, recorded in Volume 1927, Page 53, Webb County Deed Records, being out of Porcion 22, Dona Maria Jesus Sanchez, original grantee Abstract 277, Webb County, Texas. Motion to approve Resolution 2016-R R-31 A Resolution of the City of Laredo, Texas, authorizing and directing the City Attorney s office pursuant to Chapter 251 of the Texas Local Government Code Municipal Right of Eminent Domain to acquire land necessary for a public use. A tract of land containing.46 acres (20, sq. ft.) more or less, being out of that certain acre 10

11 tract of land conveyed to Crown Enterprises Inc., recorded in Volume 3098, Pages 12-15, Official Public Records Webb County, Texas, situated in survey 1026, J.F. Fuentes original grantee, Abstract 317, City of Laredo, Webb County Texas. Motion to approve Resolution 2016-R R-32 Authorizing the City Manager to submit a grant application to the Laredo Urban Transportation Study (LUTS) Laredo Metropolitan Planning Organization (MPO) Transportation Alternatives Program (TAP) in the amount of $1,000,000 with $200, in matching funds. Funds will be used for the design and construction of the upper Zacate creek multi-use hike and bike trail. Motion to approve Resolution 2016-R-32. XI. MOTIONS 20. Authorizing the City Manager to amend the Chapter 380 Economic Development Agreement between the City of Laredo and Reel Dinner Partners-Laredo, LLC, executed June 17, 2014, where the new owners of the physical property are now BACH Development San Isidro, LLC. Reel Dinner Partners-Laredo, LLC, wish to enter into a sale-lease back for the real property upon which this project is located. Deputy City Manager Cynthia Collazo clarified that the only thing changing is the Chapter 380, not the tax abatement. The names will reflect the new owners. Second: Cm. Narvaez 21. Authorizing the City Manager to select a consulting firm and negotiate contract FY for review of the current City of Laredo Subdivision Ordinance Section 3-2 Streets and Alleys, R. Pavement Standards. This Statement of Qualifications includes: Recent Experience, Qualifications of Team, Capability to perform all of the services required for the immediate and future projects, Reputation for personnel and professional integrity and competence, Local participation, Familiarity with local geography. This project will be privately funded. 11

12 Ramon Chavez, Building Director, said that only one proposal was received: Civil Engineering Consultants of San Antonio, Texas. Staff and the committee recommend this firm. 22. Declaring as surplus property the surface only of an unimproved 5.23 acre tract of land more or less, situated in Porcion 22, Abstract 277, Dona Maria Jesus Sanchez, original grantee, same being out of a called 8.55 acre tract conveyed to the City of Laredo as recorded in Volume 2952, Pages , Webb County Official Public Records and seeking authorization to advertise for the public sale of this said parcel through the solicitation of bids from the general public. This tract is physically located south of Borchers Elementary School and east of Backwoods Drive in north Laredo. Arturo Garcia, Community Development Director, stated that this is surplus property acquired for drainage improvements. It is currently considered surplus. Riazul Mia noted that the City purchased the property from the bank, and after the road and drainage improvements, the property is no longer needed. Moved: Cm. Altgelt 23. Consideration for approval of the selection of consultant for the Roof Replacement at Bruni Plaza Building Located at 1120 San Bernardo Avenue Approximately 15,200 Sq. Ft. for design, preparation of plans and specifications, and authorization to negotiate a professional services contract. City Engineer Rogelio Rivera stated that there were two respondents, Sepulveda Associates and DGI. The evaluation committee recommends Sepulveda Associates. Moved: Cm. Narvaez Second: Cm. Vela 24. Approving and adopting the City of Laredo Tax Increment Financing Policy and Procedures for Large Zones. This Large Zone Policy applies to projects which meet and exceed certain criteria including: Zones in excess than 750 acres, investments exceeding $500 million, projects with substantial public benefit and other taxing jurisdiction participation. City Manager Olivares clarified that this policy does not affect any current negotiations but is one that the City needs to have in place in order to continue providing this type 12

13 of service in the future. David Earl, on behalf of the Killam Development Company, voiced a concern that this new policy may cause negotiations with The Coves at Winfield project to revert backwards after so much time and effort has been expended to it. However, in light of City Manager Olivares comments, he is no longer concerned. He looks forward to finishing negotiations and allowing The Coves project to progress. Cm. Altgelt iterated that the policy makes the City s current policy more aligned with the State s policy as it relates to TIRZ. It also imposes upon an applicant a higher threshold than what the State requires and requires the joinder of County and college participation. 25. Authorizing the City Manager to enter into a Memorandum of Understanding (MOU) between the City of Laredo and the Critter House, Inc., for the construction by Critter House of an adoption/spay/neuter center at City property located at 5202 Maher Ave, Laredo, Texas. MOU agreement is for 25 years with an annual lease payment of $10.00 per year in exchange for the valid public purpose of animal control services they will provide. 26. Consideration to renew the existing six (6) month contract FY to Hollon Oil Company, Weslaco, Texas in an amount up to $88, for the purchase of motor oil and lubricants for the Fleet Department. The term of this contract shall be for a period of six (6) months beginning as of the date of its execution. This is the fourth of eight extension periods. There will be no price increase during this extension period. All lubricants will be secured on an as needed basis. Funding is available in the Fleet Maintenance Budget. 27. Consideration to renew the existing annual service contract FY to Rafter P. Transport Inc., New Braunfels, Texas, in an amount up to $100, to haul and load dry sludge from the Jefferson Water Treatment Plant to the City of Laredo landfill. This contract is based on a $6.00 per cubic yard load rate. All services will be secured on an as needed basis. There will be no price increase during this extension period. The term of this contract shall be for a period of one 13

14 (1) year beginning as of the date of its execution. This is the second of five extension periods. Funding is available in the Utilities Department Waste Water Treatment Division Budget. 28. Consideration to renew contract number FY to Regional Land Management Services, Laredo, Texas in an amount up to $418, to provide disposal services of approximately 10,469 tons of wastewater bio-solids from various wastewater treatment plants. The frequency and number of loads vary depending on the City's need. The bid price is based on a $40.00 per ton rate. The Utilities Department will deliver approximately 25,635 tons to the City of Laredo Landfill. There will be no price increase during this extension period. The term of this contract shall be for a period of one (1) year beginning as of the date of its execution. This is the second of three extension periods. Funding is available in the Utilities Department Wastewater Plant Division Budget. 29. Consideration to award supply contract number FY to the following low bidders: 1. Sections I and II to Ferguson Waterworks, Newport News, Virginia in an amount up to $4,259.00; 2. Sections III, VI, and VII to Fortline Waterworks, San Antonio, Texas in an amount up to $67,584.08; 3. Sections IV and V to Aguaworks Pipe & Supply, Brownsville, Texas in an amount up to $234, For the purchase of rubber couplings, PVC pipe, and related materials for the Utilities Department. The term of this contract shall be for a period of one (1) year beginning as of the date of its execution. These materials shall be purchased on an as needed basis by the Utilities Department-Water Operations for construction and repair projects. The term of this contract shall be for a one year period. This contract may be extended for five additional one year periods each upon mutual agreement. Funding is available in the Utilities Department Fund. 14

15 30. Consideration to renew the existing annual contract FY to Austin Wood Recycling, Cedar Park, Texas in an amount up to $106, for the grinding of wood waste material (brush, branches, pallets, etc.,) at the City Landfill. Approximately 100,000 cubic yards of material will be disposed on an annual basis. All services will be secured on an as needed basis. There will be no price increase during this extension period. The term of this contract shall be for a period of one (1) year beginning as of the date of its execution. This is the third of four extension periods. Funding is available in the Solid Waste Services Department Fund. 31. Consideration to award contract FY to the low bidder Industrial Property Brokers, Laredo, Texas, in an amount up to $476, for the purchase and hauling of approximately 135,000 tons of earthen soils to the City s Solid Waste facility. The term of this contract shall be for a period of one (1) year beginning as of the date of its execution. This contract has six extension periods and may be extended upon mutual agreement. All earthen soils will be purchased on an as needed basis. The Solid Waste Department will use these soils to cover the landfill cells on a weekly basis in accordance to TCEQ requirements. Funding is available in the Solid Waste Services Department Fund. Miguel Pescador, Purchasing Agent, stated that Industrial Property Brokers was the lowest bid of six. David James noted that the dirt is sold in tonnage, but his understanding is that dirt is typically sold in cubic feet and hauled in tonnage. He asked where the dirt is coming from, who is doing the hauling, and what constitutes a need basis to extend the contract as it has been extended every nine months. City Manager Olivares stated that TCEQ requires a certain level of cover for the landfill and that this is going to be the expectancy for the life of the landfill. Stephen Geiss, Solid Waste Manager, clarified that the dirt was being purchased by the ton to account for it coming across the scales. It is easier to assess on the spot. Armando Cisneros stated that in four years, this contract was extended three times, causing the City to spend $1,966, rather than $1,420, Mr. Pescador said that each extension has come to Council for one-year extensions as needed. The City is not overpaying as Mr. Cisneros claimed. Cm. Vela asked if the City could negotiate a better long term price rather than renewing a contract from year to year. Mr. Pescador confirmed that the contract could be rebid with a change in the scope to 15

16 reflect long-term prices for dirt. Motion to approve, but upon expiration of the contract to negotiate an extended contract for long-term pricing. 32. Authorizing the City Manager to select a consulting firm and negotiate contract FY for the Laredo Museum Feasibility Study. Best value criteria was considered by the evaluation committee to review all submittals. After review and interviews, the committee's top recommended firm was M. Goodwin Museum Planning, Inc. (MGMP), Los Angeles, CA. This Museum Feasibility Study includes: market research and market condition, market potential analysis. City Council previously approved the primary location for this museum to be the historic Old Federal Courthouse building. Funding is available in the Capital Improvement Fund. Moved: Cm. Altgelt 33. Consideration for acceptance of the Alta Vista Waterline Replacement Project, approval of the release of retainage as final payment in the amount of $60,643.05, and approval of change order No.1, a net decrease of $86,306.00, for the balance of quantities actually constructed in place to REIM Construction, Inc., Mission, Texas. Final construction contract amount is $1,212, Work has been completed and improvements are in service, final punchlist items and final documentation are pending to be submitted by the contractor. Retainage payment will not be released until all contract requirements are fulfilled by REIM Construction, Inc. Funding is available in the 2014 Water System Revenue Bond. XII. STAFF REPORTS 34. Staff Report regarding FY2017 Third Party Funding application process with possible action. Motion to table. Moved: Cm. Altgelt Second: Cm. Vela 16

17 XIII. EXECUTIVE SESSION 35. Request for executive session pursuant to Texas Government Code, Section and Section (2), to consult with counsel regarding on-going Economic Development negotiations related to the incentives for The Coves at Winfield Project. Motion to go into executive session to consult with counsel regarding on-going Economic Development negotiations related to the incentives for The Coves at Winfield Project. Second: Cm. Balli Following executive session, Mayor Saenz reported that no action was taken. For transparency, Vish claimed that he and the public want to know what happened in executive session. He believes that it is not fair for Council to withhold information. City Attorney Raul Casso clarified that information shared during negotiations are confidential so that the City is not forced to show its cards in order to obtain the best available deal, which it may not otherwise get if negotiations were public. XIV. GENERAL DISCUSSIONS AND PRESENTATIONS 36. A. Request by Council Member Roque Vela, Jr. a. Update on the fumigation timeline of City of Laredo creeks with possible action. (Co-Sponsored by Council Member Rudy Gonzalez) Cm. Vela requested a schedule of the timeline from City staff. He is concerned about mosquito-borne viruses, particularly Zitka. City Manager Olivares agreed to provide a schedule and coordinate with the Public Information Officer to promote awareness and prevention of mosquito breeding. No action taken. B. Request by Council Member Charlie San Miguel a. Presentation by the Laredo Veterans Coalition to adopt a concept to make North Central Park a park that recognizes the 28 Vietnam fallen heroes, place military memorabilia throughout the park and possible action to rename North Central Park or to add the name Vietnam Veterans Memorial Park to North Central Park. Jesus Segovia of the Laredo Veterans Coalition stated that it is time to honor 17

18 the 28 Vietnam Veterans who died in service. The idea is to rename North Central Park and to dedicate approximately every 195 yards of the park after one of the fallen veterans with a plaque and military memorabilia commemorating their service. On behalf of Vietnam veterans, he asked Council to consider making the park a memorial for fallen veterans. Doug Alford claimed that he has spoken with veterans from many areas surrounding Laredo, and many items of memorabilia are being sent away from the area because Laredo lacks a veterans museum or memorial park. He feels very confident in the American Legion s ability to receive military memoriabilia as well as the Coalition s ability to refurbish and display the items. Once North Central Park is repurposed as a veterans memorial park, it can serve as a natural museum. Cm. San Miguel asked for each of the presenters names and years of service: Doug Alford, 1966 to 1976, Navy Jesus Segovia, 1966 to 1967 Unnamed, served in Korea with the 40 th Infantry Division in 1953 Saul Garcia, served 20 years with the Air Force Unnamed, served in Germany in 1955 and 1956 Orlando Reyes, 1965 to 1969, Air Force Unnamed, 1967 to 1969, Marine Corps Barry Brenier, 1962 to 1985, Marine Corps Mr. Segovia added that Cm. Vela s father served in Vietnam and is a Purple Heart Recipient. Cm. Balli s father is also a Vietnam veteran. Over 360 Vietnam veterans die per day, largely due to complications from the use of Agent Orange. If a memorial is not established for the fallen veterans, their legacy will soon be forgotten. Motion to rename North Central Park to Vietnam Veterans Memorial at North Central Park and adopt the concept of renaming sections of the trail in the park after the 28 veterans that paid with their life serving their country and work with the Laredo Coalition of Veterans and American Legion to acquire military memorabilia. Second: Cm. Vela b. Discussion with possible action for the Police Department to implement the 10 hour work shift (CWW) city wide based on the results of the Pilot Program that has been conducted during the last five months. Additionally to authorize the City Manager to extend the Memorandum of Understanding (MOU) with the LPOA as needed. (Co-Sponsored by Council Member Alex Perez and Council Member George Altgelt) Chief Ray Garner of the Laredo Police Department reported that while he initially promised a six-month evaluation, they are currently experiencing pressure to evaluate the five-month period between October 2015 and February In the Platoon system, there were 19 officers per shift while the 18

19 compressed work week has 17 officers per shift. There is an overlap resulting in 34 officers at peak hours. He also reported that the police response time to emergencies or calls have drastically decreased, meaning police officers are responding much more quickly to citizens. Overtime has decreased by 59%, equating to 16,255 savings per month in the Western division alone. Sick leave has also decreased by 5%, and annual leave has increased 10%. Ramiro Paredes, Laredo Police Officers Association President, stated that the officers working the compressed work week are responding positively. After working the shifts for five months, 184 of 206 votes cast in a survey of patrol officers were in favor of the compressed work week. Chief Garner plans to return before Council on March 21, 2016, to request to extend the MOU, and begin the compressed work week city-wide on April 3, They need a few weeks to ensure proper organization. He reiterated that the overall consensus among police officers is highly positive and is resulting in cost savings. Moved: Cm. Altgelt C. Request by Council Member George Altgelt a. Discussion with possible action requiring staff to initiate the Request for Proposal (RFP) process for competitive bidding to select a 100% renewable energy portfolio for all of the city's electricity needs. Cm. Altgelt noted that the city is purchasing electricity as a common consumer would even though it has the purchasing capability-given the millions of dollars to spend-to seek a more competitive price. Miguel Pescador reported that the Request for Proposals for a new electrical provider, which was drafted under consultation with Bill Thomas, is currently out for bids. He extended the deadline to March 15 to allow for Council direction. Bill Thomas of Thomas Engineering stated that renewable energy credits are available for the city to begin June There is a slight premium for the credits, but they are very small. The city currently pays 5.17ȼ per kilowatt hour, but the premium for the renewable energy credits is 3/10 of 0.1ȼ per kilowatt hour (equaling about $2,400 per month). The city currently spends a little over $5 million annually on energy. Motion to direct staff to begin the RFP process for competitive bidding to select a 100% renewable energy portfolio for the entirety of the city s needs. Moved: Cm. Altgelt 19

20 b. Discussion with possible action requiring staff to initiate the Request for Qualifications (RFQ) to select an energy consultant to advise the city on how to acquire all street lamps within the city and/or to retrofit them with LEDs and light pollution control devices. Roberto Murillo, Traffic Manager, said that more than 90% of the street lights in the city belong to AEP. The LED lights will reduce the cost of electricity every year. He did not know if AEP would be willing to sell the street lamps to the city, but he could inquire with the company. The last inventory of street lights owned by AEP was 12,500 lights, and Mr. Murillo does not believe that the city has sufficient staff and equipment to maintain them all without AEP. Cm. Altgelt clarified that he is requesting the consultant to perform a feasibility study to estimate costs and answer questions from Council. Cm. Vela voiced his opinion that this endeavor is more than the city is able to handle at this time. There is already a pilot program in place right now regarding LED lighting, which will provide perspective on cost savings or feasibility when it is completed. He believes Council should wait for the results of that pilot program before taking action on this item. Motion to require staff to initiate the RFQ process to select an energy consultant to advise on how and if to acquire street lamps within the city and on the feasibility of retrofitting them with LEDs and light pollution control measures. Moved: Cm. Altgelt Second: San Miguel For: 4 Against: 2 Abstain: 0 Cm. Gonzalez Cm. Vela Cm. Narvaez Cm. Balli Cm. San Miguel Cm. Altgelt c. Discussion with possible action to instruct the City Manager to go out for Request for Qualifications (RFQ) for consulting services to amend the oil and gas special use permit Ordinance, to include monitoring and ongoing over site of oil and gas wells with in the city limits that would insure health, safety and welfare of it surrounding residents, and tax audits relevant to oil and gas assets. Steve Garsky with Urban Safety Assessment stated that they will first look at the city s current oil and gas ordinance(s), make suggestions for changes to accommodate gaps or new technologies, perform an initial assessment and inspection of all the oil and gas wells in the city, forward the results to city administration, and perform a tax roll review. This is consistent with what other cities have done in relation to their oil and gas wells. He confirmed that per its ordinance, the city has the right to inspect wells, even though they are operated by independent contractors. Dora Maldonado from the Tax Department confirmed that the city does have some mineral accounts in its tax roll, and the values come from the appraisal district. 20

21 Ramiro Elizondo, Deputy Fire Chief, confirmed that the Fire Department inspects wells for the city. Inspectors go to the wells and inspect for fire prevention yearly. The Fire Department also provides training. Motion to instruct City Manager to go out for RFQs for consulting services to amend the oil and gas special use permit ordinance to include monitoring and ongoing oversight of oil and gas wells within the city limits that would ensure health, safety, and welfare of its surrounding residents in combination with a tax audit relevant to those oil and gas assets with those expenses being passed on to the producer. Moved: Cm. Altgelt Second: Cm. Vela For: 5 Against: 0 Abstain: 0 Cm. Gonzalez was not present. d. Discussion with possible action for a Request for Qualification (RFQ) to prepare a TIGER grant and a Fast Lane grant application through the US DOT. Cm. Altgelt noted that the TIGER grant is a $25 million or below grant while the Fast Lane grant is for $100 million or more projects. City Manager Olivares reminded Council that a TIGER grant application has already been drafted and submitted last year. It was rejected but can be updated for submission this year. Motion to direct staff to go out for RFQs to prepare and/or correct and file TIGER grant and Fast Lane grant applications through the US DOT. Moved: Cm. Altgelt D. Request by Council Member Rudy Gonzalez, Jr. a. Discussion with possible action on the contract for the Chapter 380 agreement for the Wright Ranch Subdivision at Cuatro Vientos East. Daniel Ortiz, attorney representing the property owner and applicant for the property, noted that the parties are close to finalizing the terms of the Chapter 380 agreement, and he summarized them as follows: 266 acres are covered to include single-family and multi-family residences and/or commercial uses; the potential grant is up to $6 million dollars or 20 years, whichever comes first; $1 million minimum must be spent on a park, hike/bike/walk trails; no more than $5 million can be attributed to other improvements like streets, sidewalks, sewers, waterlines, and things of that nature; in no year will the City be responsible for more than 50% of the ad valorem taxes that are generated by the development itself; never is any sales tax rebate eligible pursuant to the Chapter 380 agreement; houses must meet a minimum size and have a two-car garage; and the streets, water, and sewer/drainage associated with the subdivision are only eligible for a grant to the extent that the lot developed is larger than the 21

22 minimum. He clarified that offsite improvements directly related to the proposed subdivision is to be eligible for grants as well. He requested that Council authorize the execution of the finalized agreement. Nathan Bratton, Planning Director, claimed that he is generally in agreement with Mr. Ortiz with the exception of the offsite improvements such as water and sewer lines. Mr. Bratton was under the impression that Planning was only overseeing the building of the subdivision, itself. To him, offsite improvements are not part of the enhancement to the overall project. They are problematic because they are oversized and the City is subsidizing them, causing confusion. He claimed that this issue is the only point of disagreement between the two parties. Richard Hachar, the developer, stated that the market will dictate what he can charge because South Laredo is an area that lacks jobs and entertainment. With regards to larger lots, his intention is to reduce the density of residents and incentivize people to purchase homes in South Laredo. The offsite is imperative to get to the subdivision. Riazul Mia, Utilities Director, clarified that every developer brings water and sewer lines for their development. In this case, Mr. Hachar would not have enough pressure in his lines, so the City oversized it. Mr. Bratton noted that staff would like to make two changes to the agreement terms: to include design work as a soft cost of the LED lighting, and to add installation to the definition of a hard cost. Motion to direct staff to make changes to terms as listed by Mr. Bratton and enter into a Chapter 380 agreement with the Wright Ranch Subdivision at Cuatro Vientos East. Moved: Cm. Gonzalez Second: Cm. Narvaez XV. ADJOURNMENT Motion to adjourn. Moved: Cm. Narvaez Second: Cm. Altgelt I, Doanh Zone T. Nguyen, City Secretary, do hereby certify that the above and foregoing is a true and correct copy of the minutes contained in pages 01 to 22 and they are true, complete, and correct proceedings of the City Council meeting held on March 7, Doanh Zone T. Nguyen City Secretary 22