CITY OF LAREDO

CITY COUNCIL MEETING

M2003-R-011

CITY COUNCIL CHAMBERS

1110 HOUSTON STREET

LAREDO, TEXAS 78040

JUNE 2, 2003

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 Flores led in the Pledge of Allegiance.   

 

III.       ROLL CALL

 

            In attendance:

 

            Elizabeth G.  Flores,                                                                 Mayor

            Alfredo Agredano,                                                                    Council Member, District I

            Hector Garcia,                                                                          Council Member, District II

            John C.  Galo,                                                                          Mayor Pro Tempore, 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

            Jaime Flores,                                                                            City Attorney

             

IV.       MINUTES

 

            None.

V.        COMMUNICATIONS AND RECOGNITIONS

 

            Announcements

 

            None.

 

 

 

 

 

 

            Invitations

 

Ms. Toni Gamboa, representing the March for Jesus Committee, invited the Mayor, City Council Members, and the public to their event.   She stated that they will be hosting this year’s march on Saturday, June 7, 2003, at 7:30 p.m. at the Civic Center parking lot.  The parade route will be along the city streets and will conclude with a ceremony and musical program at Veterans Field.  She mentioned that at this year’s program will pay tribute to local military heroes and their families. 

 

            Recognitions

a.  Recognition of Winners of the Distinguished Business Awards from the Laredo

     Development Foundation Small Business Development Center.

 

      Araceli Lozano, with the Laredo Chamber of Commerce, announced the persons being recognized with Distinguished Business Awards. 

 

      Receiving an award from the Laredo Chamber of Commerce for Laredo Business Person of the Year are: 

 

      Mr. Luis Guerra                                                     

      Dr. Reynaldo Godinez

      Dr. George Garcia

 

      Receiving an award from the SBA San Antonio District for Accountant Advocate of the Year is:

 

      Jorge R. Martinez of Garza, Martinez & Co., P.L.L.C.

      Receiving an award from the local SBA office for Small Business Person of the Year is:

Ricardo X. Herrera, RX Herrera Pharmacy

 

b.  Recognizing Connie de los Reyes, Nieto Dickey & Lopez Funeral Home and Antonio

Fox for their contributions to the production of an impressionable and serious public service message produced in conjunction with the Laredo Police Department and City Public Information Office and the Public Access Channel.  This includes a viewing of the one-minute public service announcement.

 

Mayor Flores presented a Seven Flags Certificate of Recognition to Connie de los Reyes for her contribution to this public service announcement.   Nieto, Dickey and Lopez Funeral Home and Antonio Fox who were not present also received a recognition for their contributions in the production of this public service announcement.   

 

c.  Recognizing  Griselda Dozal, Erica Paez, Jaime Martinez, Jr., Juan Gamez, Lori Lisette

Botello, Betzabe E. Pena, and Brenda Janet Tristan as the recipients of the City Council District 4 scholarships for 2003.

 

Mayor Flores recognized the recipients of Council Member Amaya’s District IV scholarships.

 

 

d.  Recognizing La Posada Hotel for their generous sponsorship and support of the Salinas

     Elementary School basketball team.

 

      Mayor Pro Tempore Agredano presented Cristina Castor of La Posada Hotel with a plaque in appreciation of its support of the Eagles’ basketball team for 2002-2003.

 

e.  Recognition by the Mayor and City Council Members of City Departments for their

contribution and participation to the United Way Campaign; a special recognition to Daniel E. Migura, Jr., Administrative Services Department Director, recipient of the Dr. Billy F. Cowart Award and the R.E.A.C.H. Committee Members recipients of the 2002 Rising Star Award.

 

Joe Garcia, outgoing President for United Way, and Peggy Garcia, Executive Director for United Way made the presentation before City Council.  Recognitions were made to the following individuals for their contributions to the organization. 

 

Highest Employee Group Contributor Award                       City of Laredo employees

 

United Way Rising Star Awards were also presented for outstanding leadership and commitment in coordinating this year’s United Way campaign to the following city employees:

 

Jerry Leal

Donna Magnon

Anita Stanley

Blasita Lopez

Linda Teniente

Diana Soliz

Evelyn Luciano

Sylvia Arrellano

Eddie Zavala

                  

                  The Billy F. Cowart Award was presented to Daniel E. Migura, Administrative Services Director, for his great example of volunteerism, commitment, and dedication in actively participating in the community.

 

                  Dan Migura, Administrative Services Director, also recognized the Council Members, the Public Access Channel employees.  The MIS Department employees received a special recognition for their 100% participation.  A Certificate of Recognition was also presented to Donna Magnon from the City Secretary’s Office and Rosie Cantu from the Planning and Zoning Department. 

 

                  The Silver Award was presented to the following departments: 

 

                        Administrative Services             Environmental Services

                        Airport                                                 Finance

                        Building Inspectors                               Health

                        City Attorney’s Office               Municipal Court

                        Community Development                      Library

                        Convention & Visitors Bureau   Tax Office

El Metro                                               Traffic

                        Engineering                                           Utilities

                       

                  The 2002 Gold Award was presented to the Bridge Department employees, City Manager’s Office employees, Parks and Recreation Department employees, Public Works Department employees.

 

                  The 2002 Green Iceberg Award was presented to the Police Department employees. 

 

                  The 2002 Gold Iceberg Award was presented to the Fire Department employees.

                  Awards were presented to the members of the R.E.A.C.H. Committee:  Sylvia Arellano, Health Department; Jerry Leal, Public Access Channel; Blasita Lopez, City Manager’s Office, Diana Soliz, El Metro; Anita Stanley, Parks and Recreation; Linda Cantu Teniente, Administrative Services; Eddie Zavala, City Manager’s Office; and Donna Magnon, City Secretary’s Office. 

                 

f.  Recognizing the Budget Department for its achievement of the Government Finance

Officers Association (GFOA) of the United States and Canada on their award of the Distinguished Budget Presentation Award to the City of Laredo, Texas for its annual budget for the fiscal year beginning October 1, 2002.

 

Mayor Flores presented the Budget Department to Veronica Urbano, Budget Analyst, for satisfying national guidelines for effective budget presentation. 

 

            Communiqués

 

Cm. Ramirez stated that the City of Laredo is preparing for the baseball games at Veterans Field on the Fourth of July.  He mentioned that they will be handing out ice cream and apple pie to those in attendance at the game.

 

Cm. E. Valdez, Jr. invited his fellow council members and constituents to the March of Jesus event.  He stated that it is a very positive event for the community and an opportunity for everyone to show our gratitude for the blessings received.

 

Cm. Garcia congratulated all the graduates from Laredo Independent School District and United Independent School District for the successful graduation ceremonies held at the Laredo Entertainment Center.  He also extended thanks to the Public Works crew for work done at the Eastwoods Subdivision.  He also congratulated Blasita Lopez for the fine job done on the second edition of the Laredo quarterly newsletter. 

 

Cm. Agredano congratulated all the graduates from both school districts.  He mentioned that eight scholarships were awarded to students from United High School and United South High School within District I this past month.  He stated that they placed flags on the graves of departed Veterans on Memorial Day.  He thanked the students from United South High School, the Marine Corps. Jr. ROTC for all their help. 

 

Mayor Flores extended good wishes to all the fathers on the City Council and in Laredo for a Happy Father’s Day on June 15th.   

 

Mayor Flores provided some comments on the Laredo Entertainment Center.

 

Before thousands of family members and friends, over 2,500 students of UISD and LISD received their high school diplomas at the Laredo Entertainment Center last week.  Without the Laredo Entertainment Center, the Alexander High School graduation ceremony would  have been rained out. 

 

It was an honor for me to attend these ceremonies and witness the joy and wonder in the faces of our graduates, their teachers, school administrators, and board members.

 

It was an equal honor to have been invited to deliver the key note speech for the fifth grade graduating class at Nye Elementary on Friday afternoon.

 

The Laredo Entertainment Center has showcased several stars that have made their mark on society.  Last week, the stars were each and every one of those graduates making their way into the future of our city, state and country.  We hope every graduate fulfills their dream  and takes their place proudly as our future leaders.

 

A lot depends on the choices they make.  We are a very young city.  Over half of our population is younger than 26 years of age.  That presents a challenge for city government as well as school officials.  So the choices we make are equally important.  That is whey we are proud of the spirit of cooperation that continues to guide us.  Our Metro Government Committee will soon meet as a stronger and more determined entity to make things better for our shared constituents. 

 

It was a privilege for me to proclaim Thursday, May 29th, as L.I.S.D. Graduation Day in Laredo and Saturday, May 31st  as U.I.S.D. Graduation day in Laredo. 

 

Those of us involved in the concept and then the reality of the Entertainment Center knew it would be a great place for residents of Laredo.  Last week’s graduation ceremonies clearly showed the diversity of its use and the importance of the project for our city.  We are becoming more aware of the positive economic impact the Laredo Entertainment Center is having on Laredo.  When I saw Council Member Juan Ramirez who never once supported the project at the L.I.S.D. graduation as the photographer for some of the L.I.S.D. graduates.  Being there at those graduations makes me even more thankful to the people that supported us, especially to the members of the council and staff.  It is clear to me that this is something we will all enjoy for years to come.  And it does not end there, the members of the City Council are looking forward to many more important and life changing projects for this community.  While at the same time focusing on the safety and security of our citizens, value-added jobs, infrastructure and renaissance of shopping and tourist attractions, housing and affordable health care.  It takes a great deal of gumption to step out of the box, make the choices that will keep up with Laredo’s growth and have trust in our leaders.  Most people do not have the gumption, only the will to criticize.  We know now that this attitude will keep them out of the future of Laredo.  For Laredo will demand more and deserves the very best.  Our mission will be to continue to do our work, represent our constituents as best as we know how, work toward a better Laredo and smile all the way home.  For our home is here – in this great city. 

 

VI.  APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES

 

            None. 

              

 

 

 

 

 

VII.  PUBLIC HEARINGS

 

1.  Public hearing and Second Reading authorizing Aleskar Villarreal, d/b/a Villarreal

Dumps and Backhoe Service, Inc. a non-exclusive franchise, to construct, maintain and operate a commercial container refuse gathering and disposing service in the City of Laredo, Texas, and providing the terms, conditions, obligations, and limitations upon and under which such franchise shall be exercised; providing indemnity to the City, City retains authority to regulate rates except for rate increases resulting from increased landfill fees which are passed on to the customer; providing for increased service rates; providing for franchise payments; and providing for severability. 

 

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. J. Valdez, Jr.

Second:  Cm. Galo

For:     8                                          Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

2.  Public hearing and introductory ordinance amending Section 2-3(D), of Article I of

Chapter 2, Administration, of the Code of Ordinances, in order to conform the schedule of charges for copies of public information with that specified by the Public Information Act, Texas Government Code, Subchapter F.

 

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. Garcia

For:     8                                          Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

 

 

3.  Public hearing and introductory ordinance amending the City of Laredo FY 2002-2003

annual budget by decreasing revenues and expenditures, as per the Texas Department of Health, in the amount of $2,679.00 in the Tuberculosis Elimination Program budget of the City of Laredo Health Department for the period beginning September 1, 2002 through August 31, 2003.

 

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. Amaya

For:   8                                            Against: 0                                             Abstain:  0

 

Ordinance Introduction:  City Council

 

4.  Public hearing and introductory ordinance amending the City of Laredo FY 2002-2003

annual budget by increasing expenditures and Program Income/Revenues in the amount of $5,500.00 for the Tuberculosis Elimination Program budget of the City of Laredo Health Department for the period beginning September 1, 2002 through August 31, 2002.

 

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. Amaya

For:     8                                          Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

5.  Public hearing and introductory ordinance amending the City of Laredo FY 2002-2003

annual budget by increasing revenues and expenditures in the amount of $111,757.00 for the Los Dos Laredos Binational Neural Tube Defects (NTD) Pilot Project of the City of Laredo Health Department and extending the program period from April 1, 2002 through March 31, 2003 to April 1, 2002 through September 30, 2003.

 

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. Garcia

Second:  Cm. Galo

For:     8                                          Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

 VIII.   GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS

            A.  Request by Council Member Hector J. Garcia

1.  Discussion with possible action on increasing police patrol in Eastwood and Villa

            del Sol Subdivisions.

 

            Police Chief Agustin Dovalina reported that the department will start a detail this coming weekend.  They will be saturating the area as much as they can to curtail the problems in the area. 

 

B.  Request by Council Member Johnny Amaya

1.   Discussion with possible action to request that the City Manager consider the

implementation of a budget amendment in the amount of $5,424.64 to reclassify four (4) Investigator positions to Sergeant positions in the Police Department Budget and having the City Manager initiate the budget amendment process. 

 

Police Chief Agustin Dovalina reported that a possibility does exist that a number of employees might retire as soon as the new retirement system comes into place.  He stated that there are approximately 30 to 40 people that have become eligible to retire so there is that opportunity for some employees to retire.

 

Larry Dovalina, City Manager, stated that there are many City employees who are eligible to retire at this time, but the City does not encourage people who have skills that contribute to the City as a whole to retire simply on eligibility.  He explained that Chief Dovalina was merely making a statement that some people within the department are eligible for retirement but those individuals being talked about are not considering retiring en masse. 

 

Jaime Flores, City Attorney, stated that reaching the trespass point is not an area of concern unless direction were to be given to the City Manager to fill these positions with the eligibility list.    

 

Motion to request that the City Manager consider the implementation of a budget amendment in the amount of $5,424.64 to reclassify four investigator positions to sergeant positions and to have the City Manager initiate the budget amendment process to reclassify the four investigator positions to sergeant positions. 

 

Moved:  Cm. Amaya

Second:  Cm. J. Valdez, Jr.

For:    7                                    Against:  1                                Abstain:  0

                                                Cm. Galo

       

           C.  Request by Council Member Eliseo Valdez, Jr.

 

1.  Request for a status report on the buffer area between the N.E. Hillside Skate Park and the residential area across the street from the park.

 

      Horacio De Leon, Parks and Recreation Director, reported that there is a concern due to increased activity within the park.  He mentioned that the noise problem is a concern as well as tendency of the park users of cutting through the neighborhood.  He stated that the best way to remedy the situation would be by building a block wall.  He added that the cost of setting up a block wall would be very expensive.  He stated that whether the fence would be wrought iron fence or block fence, it is something that is needed.  He stated that the total for the wrought iron fence and landscaping is $9,400.00.  However, there is no funding within the department’s operating budget to take on this project. 

 

      Motion to move this project forward and commit the $9,400.00 needed from Council Member Valdez’s District V discretionary funds. 

 

      Moved:  Cm. E. Valdez, Jr.

      Second:  Cm. J. Valdez, Jr.

      For:    7                                                Against:  0                                Abstain:  0

 

2.  Request that our park areas be patrolled on a more regular basis, and the enforcement of the curfew.

 

      Police Chief Agustin Dovalina reported that this is a task that is done daily and the department will continue to do.  He stated that he will make sure that the parks are vigorously patrolled during these summer months. 

 

3.  Request for a status report on the channelization of the creek areas north of Gale

           and Calle Del Norte.

 

Rogelio Rivera, City Engineer, reported that they have two phases left on the McPherson project:  Phase II is about $400,000.00 and Phase III is about $800,000.00.  The second phase is included as part of the bond issue currently sold in May.  As soon as the monies are available, the department will begin bidding the project for Phase II. 

 

 

 

            D.  Request by Council Member Jose A. Valdez, Jr.

1.  Discussion regarding the process used by the Webb County Appraisal District to

     determine property taxable values.

 

Sergio Delgado, Chief Appraiser for theWebb County Appraisal District, addressed some of the questions regarding generally accepted methods for appraising property.  The Texas Property Tax Code (TPTC) mandates the process of appraising property for tax purposes.  All taxable property is appraised at its fair market value as of January 1st, except as otherwise allowed by federal or state law.  The market value of the property is determined by the application of generally accepted appraisal methods and techniques required under federal and state law.  The mass appraisal standards used to appraise property for tax purposes must comply with the Uniform Standards of Professional Appraisal Practices established by the Appraisal Institute regulated by the federal government.  Same and similar appraisal methods and techniques must be used to appraise similar types of property.  However, each property shall be appraised based upon the individual characteristics that affect the property’s market value. 

 

In determining the market value of property, we consider the cost, income, and market data comparison methods of appraisal and use the most appropriate method or a combination of methods for the property being appraised.  For example:

 

·        Residential property is appraised using a combination of cost data and market sales data.  The residential schedules are built using construction cost data, then adjusted using available market sales data.

·        Commercial property is appraised using the cost approach to value from data taken out of a nationally recognized appraisal manual, Marshall & Swift Commercial Cost Handbook, and then adjusted as necessary based on the property’s individual characteristics and/or taking into consideration the income and expense data (income approach to appraisal) of the property divided by the property owner.

·        Whenever market sales data is available, the cost approach is tested for accuracy.

 

We gather and analyze market sales, new building cost, and income/expense data to support or adjust land and building schedules accordingly.  We mail out surveys annually to property buyers and business owners to collect market data.  We also are able to gather market data from state auditors, property owners who visit our office and other sources. 

 

The State Comptroller of Public Accounts audits our appraisals each year.  They also gather information from the Laredo market and conduct their own market analysis.  Our appraisals are then tested against their market findings to determine how close we are or are not to the Laredo market.  Annually they publish and provide their audit findings to us as well as to the local school districts.  Based on the audit findings, we determine what adjustments are necessary to our appraisals in order to meet the State’s fair market value appraisal requirements.

 

If the State audit determines that our appraised values are not at or close to market value, then the local school districts are penalized and those districts lose state funding.  When State revenues are lost, school districts must raise their local tax rate to make up those revenue losses.

 

Therefore, it is important for the Appraisal District to meet the State’s legal requirement of fair market value for the appraisal of county property in order to assist school districts maximize state revenues and minimize local tax rates and property owners’ tax liability.

 

  2.   Discussion with possible action regarding Ordinances requiring the charge for  such city services as sewer, water, and trash pick-up for temporary construction sites where those services will not be provided.   

 

         Motion to postpone.

 

         Moved:  Cm. J. Valdez, Jr.

         Second:  Cm. Amaya

         For:    8                                                Against:                                    Abstain:  0

          

IX.       INTRODUCTORY ORDINANCES

 

7.  Authorizing the City Manager to execute an amendment to the lease agreement approved

by Ordinance No. 98-O-053 dated February 17, 1998, between the City of Laredo, as Lessor, and UETA of Texas, Inc., a subsidiary of Duty Free International, Inc., as Lessee, to amend the lease area at the Laredo International Airport Passenger Terminal and rental obligation, extend the term of the agreement by 30 months, consolidate duty free and news/gift shop merchandise, provide for additional modifications and improvements to the new leased are and amend hours of operation, providing for effective date.

 

Ordinance Introduction:  City Council

 

8.  Authorizing the City Manager to execute a lease agreement with South Texas

Development Council for approximately 240 square feet constituting Suite No. 7 of Building S-1 located at 1718 E. Calton Road at the Laredo International Airport.  Lease term is for one-year (1) commencing on April 1, 2003 and ending on March 31, 2004 and may be extended for one year (1) ending on March 31, 2005.  Monthly rent shall be $312.00 and will be adjusted annually during the primary and extension term of this lease according to changes in the Consumer Price Index; providing for an effective date.

Ordinance Introduction:  City Council

 

X.        FINAL READING OF ORDINANCES 

           

Motion to waive the final readings of Ordinance # 2003-O-122; # 2003-O-123; # 2003-O-124; # 2003-O-125; # 2003-O-126; # 2003-O-127; #2003-O-128; # 2003-O-129; # 2003-O-130; # 2003-O-131; # 2003-O-132; # 2003-O-133; # 2003-O-134; and # 2003-O-135.

 

 

            Moved:  Cm. Galo

            Second:  Cm. Amaya

            For:    8                                                Against:  0                                            Abstain:  0

 

9.  2003-O-122  Amending the Zoning Ordinance Map of the City of Laredo by authorizing

the issuance of a Conditional Use Permit for a child daycare facility on 1.42 acres, as further described by metes and bounds on attached Exhibit “A,” located approximately at 3351 Clark Boulevard; providing for publication and effective date. 

 

Motion to adopt Ordinance # 2003-O-122.

 

Moved:  Cm. Galo

Second:  Cm. Amaya

For:     8                                Against:  0                                Abstain:  0

                 2003-O-123  Amending the Zoning Ordinance Map of the City of Laredo by rezoning

   2.2882 acres, as further described by metes and bounds on attached Exhibit

   “A,” located south of Don Camillo Boulevard and west of Highway 83,

   from R-1A (Single Family Reduced Area District) to B-3 (Community

   Business District)); providing for publication and effective date.

 

Motion to adopt Ordinance # 2003-O-123.

 

Moved:  Cm. Galo

Second:  Cm. Amaya

   For:     8                                Against:  0                                Abstain:  0

 

                 2003-O-124  Amending the Zoning Ordinance Map of the City of Laredo by rezoning

   42.44 acres, as further described by metes and bounds on attached Exhibit

   “A,” located approximately at the 2600 block of Del Mar Boulevard, from

   R-1 (Single Family Residential District) to B-3 (Community Business

   District); providing for publication and effective date. 

 

Motion to adopt Ordinance # 2003-O-124.