CITY
OF LAREDO
CITY COUNCIL MEETING
M2002-R-017
LAREDO, TEXAS
78040
SEPTEMBER 3,
2002
5:30
P.M.
I. CALL TO ORDER
With a
quorum present, Mayor Elizabeth G. Flores called the meeting to order.
II. PLEDGE OF ALLEGIANCE
Mayor Elizabeth G. Flores led
in the Pledge of Allegiance.
III. ROLL CALL
In attendance:
Elizabeth
G. Flores, Mayor
Alfredo
Agredano, Mayor Pro Tempore, District I
Hector J.
Garcia, Council
Member, District II
John
C. Galo, Council
Member, District III
Johnny
Amaya, Council
Member, District IV
Eliseo
Valdez, Jr., Council
Member, District V
Gene
Belmares, Council
Member, District VI
Jose
A. Valdez, Jr., Council Member,
District VII
Juan
Ramirez, Council
Member, District VIII
Gustavo
Guevara, Jr., City
Secretary
Larry
Dovalina, City
Manager
Cynthia
Collazo, Assistant
City Manager
Valeria Acevedo, Assistant
City Attorney
IV.
MINUTES
None.
V. COMMUNICATIONS AND RECOGNITIONS
Announcements
None.
Invitations
None.
Recognitions
a. Recognition
of City of Laredo employees for raising the most funds in the 500+ employees
category for the 2002 Walk America March of Dimes Campaign.
Dan Migura, Director of Administrative
Services, presented the Mayor and Council with a plaque which was received from
the 2002 Walk America March of Dimes Campaign for raising the most funds in the
500+ employees’ category.
Communiqués
Cm. Garcia thanked the City of Laredo Parks and Recreation Department
for assisting with the Back to School Jamaica which served over 200
children.
Cm. Galo assured the public that the City of Laredo has always been
repairing water lines throughout the City.
He noted that the rash of breaks are not due to negligence but are
common maintenance issues.
Cm. Amaya thanked Joe Guerra, Public Works Director, and his staff
for the great job the department has done in his district.
Cm. Belmares publicly acknowledged and thanked Rogelio Rivera, City
of Laredo Engineering staff, Martinez Construction, and Brothers. Paving for their work and completion of the
widening project on McPherson.
Cm. Ramirez thanked staff for installing the sidewalks in the San
Francisco Javier neighborhood. He also
congratulated the Parks and Recreation Department for their participation with the Tecolotes.
VI. APPOINTMENTS TO COMMISSIONS, BOARDS AND
COMMITTEES
a. Appointment by Council Member Johnny Amaya
of Jose R. Ortiz to the Parks and Recreation Advisory Committee.
Motion to approve.
Moved: Cm.
Galo
Second: Cm.
J. Valdez
For: 7 Against: 0 Abstain: 0
Mayor Pro Tempore Agredano
not present.
VII. PUBLIC
HEARINGS
1. Public hearing and
introductory ordinance amending Section 24.63.2, Permitted
Land Uses of the Laredo
Land Development Code to designate Children’s Amusement Services (Outdoors) as
an allowable land use in a B-3
(Community Business District), B-4 (Highway Commercial District), M-1 (Light
Manufacturing District), M-2 (Heavy Manufacturing District), and MXD (Mixed Use
Development District); and Appendix A, Definitions; and providing for
publication and effective date. The
Planning and Zoning Commission has recommended approval of this ordinance
amendment.
Motion to open the public
hearing.
Moved: Cm.
Galo
Second: Cm.
Amaya
For: 7 Against: 0 Abstain: 0
There was no public input.
Motion to close the public
hearing and introduce, exclude M2.
Moved: Cm.
E. Valdez
Second: Cm.
Galo
For: 7 Against: 0 Abstain: 0
Mayor
Pro Tempore Agredano was not present.
Ordinance
Introduction: City Council
2. Public hearing and
introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by
rezoning Lot 1, Block 1825, Eastern Division, located at 2201 Lyon Street, from
R-1 (Single Family Residential District) to B-3 (Community Business District);
providing for publication and effective date.
The Planning and Zoning Commission has recommended denial of the
proposed zone change.
Motion to open the public
hearing.
Moved: Cm.
Galo
Second: Cm.
Amaya
For: 7 Against: 0 Abstain: 0
Margarito
Benavides asked to postpone this item.
Motion to close the public
hearing and postpone for the next meeting.
Moved: Cm.
Amaya
Second:
Cm.
E. Valdez
For: 7 Against: 0 Abstain: 0
3. Public hearing and
introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by
rezoning Lots 9 and 10, Block 118, Western Division, located at 617 and 619
Victoria Street, from B-1 (Limited Commercial District) to B-3 (Community
Business District); providing for publication and effective date. The Planning and Zoning Commission has
recommended approval of the proposed zone change.
Motion to open the public
hearing.
Moved: Cm.
Galo
Second: Cm.
Amaya
For: 7 Against: 0 Abstain: 0
Guillermo
Castillo, petitioner, spoke in favor of the zone change.
Ramiro
Martinez spoke in favor of the zone change.
Ramon
Ramirez spoke against the zone change.
In addition, he submitted 12 signatures from of the surrounding property
owners that were in opposition to the zone change.
Mayor
Pro Tempore arrived at this time, 6:10 p.m.
Motion to close the public
hearing and deny the zone change.
Moved: Cm.
Ramirez
Second: Cm.
J. Valdez
For: 8 Against: 0 Abstain: 0
4. Public
hearing and introductory ordinance amending the Zoning Ordinance
Map of
the City of Laredo by
rezoning Lot 1 and the west ½ of Lot 2, Block 1141, Eastern
Division, located at 2001
Clark Blvd., from R-1 (Single Family Residential District) to
R-O (Residential-Office
District); providing for publication and effective date. The
Planning and Zoning
Commission has recommended denial of the proposed zone change.
Motion to open the public
hearing.
Moved: Cm.
Galo
Second:
Mayor Pro Tempore Agredano
For:
8 Against: 0 Abstain: 0
Ron Whitehawk,
representing the applicant, asked Council to consider a issuing a Conditional
Use Permit which would allow the applicant to have an office for his
business.
Motion to close the public
hearing and introduce as a Conditional Use Permit.
Moved: Cm.
Amaya
Second: Mayor Pro Tempore Agredano
For: 8 Against: 0 Abstain: 0
Ordinance Introduction: Cm.
Amaya
5. Public hearing and
introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by
rezoning 21.62 acres, as further described by metes and bounds on attached
Exhibit “A,” located south of Bob Bullock Loop, west of Sandia Drive and north
of San Isidro Parkway, from AG (Agricultural District) to B-3 (Community
Business District); providing for publication and effective date. The Planning and Zoning Commission has
recommended approval of the proposed zone change.
Motion to open the public
hearing.
Moved: Cm.
Galo
Second: Cm.
J. Valdez
For: 8 Against: 0 Abstain: 0
Henry Mejia with Scherffey
Engineering spoke in favor of the zone change.
Motion to close the public
hearing and introduce.
Moved: Cm.
Belmares
Second: Cm.
J. Valdez
For: 8 Against: 0 Abstain: 0
Ordinance Introduction: Cm.
Belmares
6. Public hearing and
introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by
rezoning 1.83 acres, as further described by metes and bounds on attached
Exhibit “A,” located south of Emerald Hills Subdivision, Phase I and southeast
of Dorel Drive, from R-1MH (Single Family Manufactured Housing District) to B-4
(Highway Commercial District); providing for publication and effective
date. The Planning and Zoning
Commission has recommended approval of the proposed zone change.
Motion to open the public
hearing.
Moved: Cm.
Galo
Second: Cm.
Amaya
For: 8 Against: 0 Abstain: 0
Richard Haynes, Developer,
spoke in favor of the zone change.
Motion to close the public
hearing and introduce.
Moved: Cm.
Garcia
Second: Cm.
J. Valdez
For: 8 Against: 0 Abstain: 0
Ordinance Introduction: Cm.
Garcia
7. Public
hearing and introductory ordinance authorizing the City Manager
to enter into and execute an Interlocal Government Agreement between the City
of Laredo and Laredo Independent School District (LISD) for the participation
of the City of Laredo Police Department School Resource Officer Program and to
accept reimbursement in the amount of $367,000.00 from LISD and to amend the
City of Laredo’s FY 2001-2002 annual budget in the amount of $367,000.00. The Laredo Police Department will provide
eight (8) officers that will be assigned to various middle and high schools,
and LISD will reimburse the City of Laredo up to three hundred sixty seven
thousand dollars ($367,000.00) for the FY 2002-2003 school year.
Motion to open the public
hearing.
Moved: Cm.
Galo
Second: Cm.
Amaya
For: 8 Against: 0 Abstain: 0
There was no public input.
Motion to close the public
hearing and introduce.
Moved: Cm.
Galo
Second: Cm.
Ramirez
For: 8 Against: 0 Abstain: 0
Ordinance Introduction: City Council
8. Public
hearing and introductory ordinance amending the City of Laredo
FY 2001-2002 Veterans Field Fund Annual Budget by amending and appropriating
revenues and expenditures in the amount of $35,000.00 from the West Martin
Ticket Sales and amending and appropriating the expenditures for the Tecolotes
de Los Dos Laredos contract by $35,000.00.
The transfer is to fulfill contractual obligations regarding payment for
services rendered during playoff games.
Motion to open the public
hearing.
Moved: Cm.
Galo
Second: Cm.
Amaya
For: 8 Against: 0 Abstain: 0
There was no public input.
Motion to close the public
hearing and introduce.
Moved: Cm.
Ramirez
Second: Cm.
J. Valdez
For: 8 Against: 0 Abstain: 0
Ordinance Introduction: City Council
9. Public
hearing and introductory ordinance amending Chapter 19 Motor
Vehicle and Traffic, Article VIII: Stopping, Standing or Parking of the Code of
Ordinances of the City of Laredo; specifically amending Section 19-364(2) which
establishes no parking anytime/tow away zones in the area of the Riverfront
Parking Lot adjacent to Bridge I; providing for publication and effective date.
Motion
to open the public hearing.
Moved: Cm.
Galo
Second: Cm.
Amaya
For: 8 Against: 0 Abstain: 0
There was no public input.
Motion to close the public
hearing and introduce.
Moved: Cm.
Belmares
Second: Cm.
J. Valdez
For: 8 Against: 0 Abstain: 0
Ordinance Introduction: City Council
10. Public hearing and introductory ordinance
accepting a grant by the United States Environmental Protection Agency’s
US-Mexico Border Program in the amount of $25,000.00 with the City designating
$1,316.00 in matching funds for a total of $26,316.00 and amending the City of
Laredo’s FY 2001-2002 Annual Budget for the NPDES Fund by appropriating said
grant revenue to the appropriate expenditure accounts. The grant monies will be used to implement
two Computer Electronic Collection Events.
Matching funds are available in the NPDES Fund.
Motion to open the public
hearing.
Moved: Cm.
Galo
Second: Cm.
J. Valdez
For: 8 Against: 0 Abstain: 0
There was no public input.
Motion to close the public
hearing and introduce.
Moved: Cm.
Belamares
Second: Cm.
J. Valdez
For: 8 Against: 0 Abstain: 0
Ordinance Introduction: City Council
11. Public hearing and introductory ordinance
amending the City of Laredo Code of Ordinances as follows: Chapter 2, Article II, Division 6 (Pay
Administration), Section 2-87.7 (12)(a) except as otherwise stated in any
collective bargaining agreement and providing for an effective of September 29,
2002.
Motion
to open the public hearing.
Moved: Cm.
Galo
Second: Cm.
Amaya
For: 8 Against: 0 Abstain: 0
Jose Angel Gonzalez, a City
employee, approached Council with a plea for better wages.
Jesus Cano, a City
employee, asked Council for a pay increase.
Mark Pitt, representing
the Laredo City Employees Association, stated that the Association does not
support the proposed budget. He said
they are disappointed to see that the proposed budget makes no effort to
address the substandard wages that many of the employees on the bottom of the
pay scale receive. He went on to say
they have been attempting to engage with City management, to no avail. He urged Council to take appropriate action
to instruct the management of the City to meet with the employees and their
representatives and engage in dialogue prior to bringing back the project so
some of the issues being addressed by the Association can be resolved.
Sergio Zapata, a City
employee, asked Council to consider better wages for the Sanitation Department
employees.
Gus Oath, Minister of the
Arkansas Church of Christ, asked Council to listen to the employees of the City
of Laredo.
Roland Rivera, City
employee, also made a plea to Council for better wages.
Motion to close the public
hearing and introduce.
Moved: Cm.
Galo
Second: Cm.
Belmares
For: 8 Against: 0 Abstain: 0
Ordinance Introduction: City Council
12. Public hearing for
the adoption of a tax rate of $0.630534 per $100.00 value. This is to provide revenue for General Fund
for Maintenance and Operation and for the payment on Debt Service. This rate includes $0.484758 per $100 value
for Maintenance and Operation and $0.145776 for the Interest and Sinking Fund
of the Debt Service and will produce a tax levy of $35,010,831.00.
Motion to open the public hearing.
Moved: Cm. Galo
Second: Cm. Belmares
For: 8 Against: 0 Abstain: 0
Cm. Galo commented that the tax burden has been growing exponentially being that all the taxing entities are raising their taxes this year. He stated that he could not support this extra $.02 tax increase at this time.
Cm. Belmares requested that this item be postponed at this time.
Mayor Flores stated that this item could not be postponed because the City has a deadline.
Larry Dovalina, City Manager, reported that any consideration to change from the $.04 tax increase to a $.02 tax increase is fairly simple. They discussed previously that City Council would agree to fund the fire station at Cielito Lindo subdivision and they agreed to fund the 24 firefighter positions for the next fiscal year. If City Council were to decide not to do that, then that would cut that program out.
Cm. Agredano stated that this tax increase is strictly for public safety as was discussed previously. He mentioned that South Laredo is growing by leaps and bounds and there is a concern for public safety in District I and District III.
Cm. E. Valdez, Jr. is concerned with the waffling that City Council is taking on this tax issue. He stated that City Council already had the budget workshops and everyone knows the impact of not adopting this $.02 tax increase. We need to consider these people in the audience and see what City Council can do for them.
Cm. Belmares stated that this is not an issue about waffling. It is about looking at what the City has to spend and being able to spend it appropriately. He is asking that City Council take time to review some of these items thoroughly and make some prudent decisions. He wants to make sure that City Council makes the right commitments.
Cm. Ramirez stated that he is opposed to the tax increase because he has received several calls from some of the residents. He is not satisfied the city staff has tried to cut the fat and report that this is the best that the City has done.
Cm. J. Valdez, Jr. suggested that City Council postpone this issue to find out whether some recommendations could be made for an alternate funding source such as monies from the Community Development funds for building projects.
Mayor Flores stated that she was disappointed in the City Council because they had their three books and plenty of time to make suggestions.
Larry Dovalina, City Manager, stated that the City does not have the time to ponder the situation. He added that Phyllis Colon, Tax Assessor-Collector, would provide the timeline that the City has to follow.
Mayor Flores requested for the City Manager to be prepared to inform City Council as to what projects could be cut in order to amend the budget.
Larry Dovalina, City Manager, stated that there are two different taxes: one is for Maintenance and Operations and the other one is for Debt Service. The one that City Council is increasing is not the one for Debt Service which funds the projects – it is the one for Maintenance and Operations.
Phyllis Colon, Tax Assessor/Collector, reported that the laws are very strict on the steps that must be followed by the City in order to adopt the annual budget. She mentioned that the City must abide by a time line to publish a notice in the newspaper advertising this public hearing to increase the tax rate. She explained that this advertisement has been published in the newspaper and if City Council does not adopt the budget tonight, then she is required to run a new advertisement and then run a subsequent advertisement before the City can introduce the ordinance. She stated that she has already requested that City Council hold a special council meeting in order to meet the deadline so that everything will be in place and adopted before October 1, 2002. She stated that should City Council go with the figure of a $0.62 tax hike tonight, City Council would not be able to adopt the budget because City Council would have to hold a public hearing to present said budget.
Cm. Galo stated that he was not present at the final workshop when the Council discussion focused on the increase from $.02 cents to $.04 cents on the proposed budget. He agrees that there is a need for a tax rate increase. He added that this was not something that was proposed this year, it was something that was added to provide improved services to the public.
Mayor Pro Tem Agredano stated that no one enjoys raising taxes but sometimes it is unavoidable in order to keep up with the City’s obligation to the community.
Mark Pitt, Laredo City Employees Association, addressed City Council and stated that the employees’ request for improvements in starting pay was rejected. He stated that he would like to have dialogue established with the City before a final decision is made. He proposed that City Council address the issue of wages currently earned by some of the lower paid employees. He stated that perhaps a 2.8 % across-the-board pay increase is not necessary. Should City Council agree to have further discussion, then the possibility of delaying the tax increase would allow for some dialogue and then they would be in favor of City Council rejecting this tax increase today. The City employees that currently earn $7.00 an hour cannot live on a $7.00 hourly wage. In addition, the City does not necessarily need to provide a pay increase to the highest paid employees in the City.
Hector Alvarado, self-employed businessman, stated that he is opposed to all tax increases. He urged that City Council come up with creative and practical solutions for all the citizens.
Carlos Alvarado, sanitation worker, spoke on the need for additional resources – both in equipment and labor. He added that he is asking that City Council listen to their grievances.
Cm. Garcia inquired whether there was any way of going back and revisiting the issue of the additional $.02 tax increase to have some of those funds go into a minimum wage increase.
Larry Dovalina, City Manager, stated that city staff could bring back a plan that reflects wage increments at different levels. What would occur is that the City would no longer consider it a public safety tax but rather a general tax increase. He added that City Council could come back and amend the budget at any particular time.
Cm. Belmares mentioned that without the tax increase, the City could barely begin to address some of the issues that the employees have.
Cm. E. Valdez, Jr. stated that he wants City Council to work with the operational portion of the tax increase and that the City seriously consider improving these employees’ wages so that they are able to take a good paycheck home.
Larry Dovalina, City Manager, stated that in looking at what city staff did the last time they used the grading system, they eliminated the bottom two pay grades in order to move those employees up. He wants everyone to understand what takes place within that process in order to protect the integrity of the grading system. He explained that when you bump the bottom employees, you bump everyone. He proposed bringing back to City Council a couple of proposals and provide some scenarios for their review and at the same time attempt to identify funding sources to amend the budget. As far as adopting the budget is concerned, he mentioned that they are running out of time and City Council needs to move forward.
Cm. E. Valdez, Jr. stated that he would like City Council to look at those scenarios.
Cm. Ramirez stated that when City Council had voted to increase the bridge crossing fare from $1.50 to $2.00 it was his understanding that those monies were for ambulances and hiring additional personnel within the fire and police departments. He inquired as to what happened with that increase from the crossing fares.
Larry Dovalina, City Manager, replied that the current class that is going through training now at the police academy is the one City Council authorized during that increase. The projected increase is obviously not going to be there because of the downturn to our economy. He mentioned that they had to initiate that class at a later period of time when there were sufficient monies in the budget to pay for it.
Miguel Martinez asked that the City Council consider the cost of living expenses for these city employees that are asking for a wage increase.
Mark Pitt inquired whether once City Council adopts this budget would they still be able to look at this other issue of raising the minimum wage for employees.
Mayor Flores replied that City Council could look at the budget and make amendments to the budget at a later date.
Cm. J. Valdez, Jr. mentioned that some City employees currently earn above minimum wage. He wants to make sure he understands what it is the group is asking for.
Mark Pitt stated that it depends on what the City’s minimum wage would be raised to. He is suggesting that the City engage in some dialogue with the group when reviewing the bottom pay.
Cm. Galo stated that he is concerned that the budget is no longer specified for anything.
Cm. Garcia inquired whether an adjustment could be made to the bottom pay scale and make an adjustment only to that portion of the pay scale.
Larry Dovalina replied that that is not possible because then there would be grades in different classifications that would be earning the same pay as other classifications that have higher skill levels. He added that City staff has conducted salary surveys of other governmental entities in the city and City employees are still among the highest paid employees across the board including wages and benefits.
Cm. Belmares stated that this body is asking that the revenues from this tax increase be put in for public safety and only this body can request that that budget be amended to take it out of that appropriation.
Larry Dovalina, City Manager, replied that that is correct.
Motion to close the public hearing.
Moved: Cm.
Belmares
Second: Mayor Pro Tempore Agredano
For: 6 Against: 2 Abstain: 0
Cm. Galo
Cm. Ramirez
Fifteen minute recess was taken.
13. Public hearing and
introductory ordinance to adopt the Annual Budget for Fiscal Year
2002-2003;
appropriating the estimated revenues, expenditures and balances reported
therein for
the year beginning October 1, 2002 and ending September 30, 2003, consistent
with the
financial plan described in said annual budget; and authorizing the City
Manager
to implement
said annual budget.
Motion to open the
public hearing.