CITY OF LAREDO

CITY COUNCIL MEETING

M2003-R-017

CITY COUNCIL CHAMBERS

1110 HOUSTON STREET

LAREDO, TEXAS 78040

SEPTEMBER 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 Elizabeth G.  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

            Johnny Amaya,                                                                         Council Member, District IV

            Eliseo Valdez, Jr.,                                                                     Council Member, District V

            Gene Belmares,                                                                        Council Member, District VI

            Juan Ramirez,                                                                           Council Member, District VIII

            Gustavo Guevara, Jr.,                                                               City Secretary

            Larry Dovalina,                                                                         City Manager

            Cynthia Collazo,                                                                       Assistant City Manager

            Jaime Flores,                                                                            City Attorney

 

            Motion to excuse Cm. Garcia, Mayor Pro Tem Galo, and Cm. J. Valdez, Jr.

 

            Moved:  Cm. Amaya

            Second:  Cm. Belmares

            For:    5                                                Against:  0                                            Abstain:  0

           

            *Note:  Cm. Garcia joined the meeting at 8:20 p.m.      

 

Motion to excuse Cm. Garcia and Mayor Pro Tem Galo from the Special Call City Council meeting of August 26, 2003.

 

Moved:  Cm. Amaya

Second:  Cm. Ramirez

For:    5                                                Against:  0                                            Abstain:  0

 

Motion to excuse Cm. Garcia from the Budget Workshop of August 26, 2003.

 

Moved:  Cm. Amaya

Second:  Cm. Ramirez

For:    5                                                Against:  0                                            Abstain:  0

 

IV.       MINUTES

 

            Approval of the minutes of June 16, 2003, August 1, 2003 and August 19, 2003.

 

            Motion to approve.

 

            Moved:  Cm. Agredano

            Second:  Cm. Amaya

            For:      5                                              Against:  0                                            Abstain:  0

V.        COMMUNICATIONS AND RECOGNITIONS

 

            Announcements

 

           

            Invitations

 

 

            Recognitions

            a.  Recognition of Sergeant Jorge Luis Lugo, Jr., for serving our country in the US Army in             Iraq to pursue our freedom and democracy. 

                 

                  Mayor Flores and the City Council Members presented Sergeant Lugo with a Certificate of Recognition for his service to our country in the U.S. Army Reserves in Baghdad, Iraq.

 

            b.  Recognition of the Del Mar Little League for winning District Champs and State       

                 Finalists. 

 

                  Mayor Flores and the City Council Members recognized the team for winning the district championship and for its recognition as state finalists.  

 

            c.  Recognizing Manuel "Blinker" Perez as the only Coach and Manager to have taken five              teams to the Little League State Tournament in 1978, 1981-1983 and again in 1993 and                for over 25 years of dedicated volunteer service to the advancement of Little                                        League players in Laredo. 

 

                  Mayor Flores and the City Council Members presented Mr. Perez with a Certificate of Appreciation for his dedication to the youth of Laredo. 

     

            Communiqués

 

Mayor Flores read from Psalm 22 before City Council and offered her condolences to the family of Cm. Jose A. Valdez, Jr. for their recent loss.

 

Cm. E. Valdez, Jr. led the City Council in prayer for the Valdez family and asked for the Lord to intervene and restore peace to their mind and joy to their hearts. 

 

Cm. Amaya stated that his Special Projects Committee members will be distributing school supplies to needy students in District IV in order to help out their families.  He added that these students were selected by their respective schools.  He gave a special thanks to the many businesses that donated the supplies and to the committee members:  Manuel Reyna, Rogelio Rodriguez, Aurora Rendon, Alfredo Juarez, Juan Calderon, Margarito Benavides, Manuel Romo, and Jose Chavarria.

 

Cm. E. Valdez, Jr. thanked all his committee members, his constituents, and the inner circle of District V for their advice and feedback provided prior to the budget workshops.  He thanked them for input provided in order to have projects addressed during the workshops.

 

Cm. Ramirez mentioned the “Guanajuato en Laredo” exposition held at the Civic Center last weekend and thanked Gustavo Guevara, Jr., City Secretary, for promoting this event. 

 

VI.       APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES

           

            a.  Appointment by Council Member Jose A. Valdez, Jr., of Jose Gamez to the Para Transit          Advisory Committee.

 

                 Motion to approve.

 

                 Moved:  Cm. E. Valdez, Jr.

                 Second:  Cm. Agredano

                 For:     5                                          Against:  0                                            Abstain:  0

            b.  Appointment by Council Member Jose A. Valdez, Jr., of Esterina Pulido to the Laredo              Commission for Women.

 

                 Motion to approve.

 

                 Moved:  Cm. Agredano

                 Second:  Cm. Amaya

                 For:     5                                          Against:  0                                            Abstain:  0

VII.     PUBLIC HEARINGS

 

1.  Public hearing and introductory ordinance amending Laredo Land Development Code,

Section 24.77.1, entitled Dimensional Standards, by revising the maximum building height requirements in certain zoning districts; providing for publication and effective date.  The Planning and Zoning Commission has recommended approval of the proposed ordinance amendment.

 

Motion to open the public hearing.

 

Moved: Cm. Belmares

Second:  Cm. E. Valdez, Jr.

For:     5                                          Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm. Agredano

Second:  Cm. Amaya

For:     5                                          Against:  0                                            Abstain:  0

 

Ordinance Introduction: City Council

 

2.  Public hearing and introductory ordinance of an ordinance amending Chapter 3: 

Subdivision Design Standards, Section 3-6:  Lots and Lot Arrangements, Paragraph J. Laboratory Testing, of the Subdivision Ordinance of the City of Laredo by allowing a developer to select the testing laboratory for ordinance compliance, providing for publication and effective date.

 

Motion to open the public hearing.

 

Moved:  Cm. Belmares

Second:  Cm. Amaya

For:     5                                          Against:                                                Abstain:

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm. Agredano

Second:  Cm. Amaya

For:     5                                          Against:  0                                            Abstain:  0

 

Ordinance Introduction: City Council

 

3.  Public hearing for the adoption of a tax rate of $0.641761 per $100.00 value.  This is to

provide revenue for the General Fund for the Maintenance and Operation and for the payment on the Debt Service.  This rate includes $0.500648 per $100.00 value of the Maintenance and Operation and $0.141113 per $100.00 value for the Interest and Sinking Fund of the Debt Service and will produce a tax levy of $38,455,159.00.

 

Motion to open the public hearing.

 

Moved:  Cm. Agredano

Second:  Cm. Amaya

For:     5                                          Against:  0                                            Abstain:  0

 

City Manager, Larry Dovalina, reported for the record that the City is not increasing taxes by $0.64.  He provided an example to explain the increase:  If an individual had a $50,000.00 home last year, the homeowner would have paid $315.27 under the current structure; if the individual had a $50,000.00 this year, the homeowner would pay $320.88 which is a $5.61 or a 1.77 % increase. 

Patricio Canavati, stated that he has been seeing an increase in taxes year after year.  He notices that some property owners are not paying property taxes, which is an injustice to all those other property owners who do pay taxes.   He stated that there are numerous deficiencies when it comes to public services in the community.   He is asking that an explanation be provided from where the taxes are derived, who are the taxpayers, and where are those revenues going.

 

Mayor Flores replied that there is an Appraisal District that follows a process and a formula in order to arrive at a valuation over land and improvements. 

 

Motion to close the public hearing.

 

Moved:  Cm. Agredano

Second:  Cm. Amaya

For:     5                                          Against:  0                                            Abstain:  0

 

Motion to reflect a transfer of $400,000.00 from the General Fund to the Capital Improvements Fund (CIF) for discretionary funding of $50,000.00 per Council District.

 

Moved:  Cm. Belmares

Second:  Cm. E. Valdez, Jr.

For:    5                                           Against:  0                                            Abstain:  0

 

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

General Fund annual budget to increase revenues and expenditures in the amount of $175,000.00 for attorney fees paid to De Anda Law Firm.  Expenditures will only be incurred and disbursed if the revenue is collected by the Tax Department.

 

Motion to open the public hearing.

 

Moved:  Cm. Amaya

Second:  Cm. Agredano

For:     5                                          Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm. Belmares

Second:  Cm. Amaya

For:     5                                          Against:  0                                            Abstain:  0

 

Ordinance Introduction: City Council

 

5.  Public hearing and introductory ordinance amending the City of Laredo Code of

Ordinances, Section 2-9 to provide access to database in order to inspect City property tax records via the internet; adding definitions and basic terms of the access agreement; changing term to be for one (1) year with an automatic renewal for one (1) year unless otherwise indicated by either party; deleting the equipment fee; deleting the reference to exhibit A, “The Standard Agreement,” providing for severability and effective date.

Motion to open the public hearing.

 

Moved:  Cm. Belmares

Second:  Cm. Amaya

For:     5                                          Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm. Agredano

Second:  Cm. Amaya

For:     5                                          Against:  0                                            Abstain:  0

 

Ordinance Introduction: City Council

 

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

annual budget by appropriating revenues and expenditures in the amount $346,993.00 in funds from the Texas Department Health and $57,012.00 in program income for the Maternal and Child Health (MCH-Title V) Program of the City of Laredo Health Department for the period beginning September 1, 2003, through August 31, 2004; and amending the City of Laredo’s full-time equivalent positions. 

 

Motion to open the public hearing.

 

Moved:  Cm. Belmares

Second:  Cm. Agredano

For:     5                                         Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm. Belmares

Second:  Cm. Agredano

For:     5                                          Against:  0                                            Abstain:  0

 

Ordinance Introduction: City Council

 

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

annual budget by appropriating revenues and expenditures in the amount $21,657.00 in funds from the Texas Department of Health for the Laredo Obesity Prevention and Control Project (LOPAC) of the City of Laredo Health Department for the period beginning September 1, 2003 through August 31, 2004.

 

Motion to open the public hearing.

 

Moved:  Cm. Belmares

Second:  Cm. Agredano

For:     5                                          Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm. Agredano

Second:  Cm. Amaya

For:     5                                          Against:  0                                            Abstain:  0

 

Ordinance Introduction: City Council

 

8.  Public hearing and introductory ordinance authorizing the City of Laredo FY 2002-2003

annual budget by appropriating revenues and expenditures in the amount of $69,464.00 in funds from the Texas Department of Health and $16,600.00 in program income for the La Familia Health Care Program of the City of Laredo Health Department for the period beginning September 1, 2003 through February 29, 2004.

 

Motion to open the public hearing.

 

Moved:  Cm. Belmares

Second:  Cm. Agredano

For:     5                                          Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm. Belmares

Second:  Cm. E. Valdez, Jr.

For:     5                                          Against:  0                                            Abstain:  0

 

Ordinance Introduction: City Council

 

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

annual budget by appropriating revenues and expenditures in the amount of $81,751.00 in funds from the Texas Department of Health in the Family Planning Services of the City of Laredo Health Department for the period beginning September 2003, through August 31, 2004; and amending the 2002-2003 full time equivalent positions.

 

Motion to open the public hearing.

 

Moved:  Cm. Agredano

Second:  Cm. Amaya

For:     5                                          Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

 

Moved:  Cm. Belmares

Second:  Cm. Agredano

For:     5                                          Against:  0                                            Abstain:  0

 

Ordinance Introduction: City Council

 

 10.  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 publication and effective date of September 28, 2003 for a cost of living

  increase of 1.6%.

 

Motion to open the public hearing.

 

Moved:  Cm. Belmares

Second:  Cm. Agredano

For:     5                                          Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm. Belmares

Second:  Cm. Agredano

For:     5                                          Against:  0                                            Abstain:  0

 

Ordinance Introduction: City Council

 

VIII.    GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS

           

            A.  Request by Mayor Elizabeth G. Flores

1.  Discussion with possible action on request to consider conversion of Palo Blanco

     Street to a one way west from Louisiana Street to Zapata Highway.  (Co-sponsored            

     by Council Member Alfredo Agredano)

 

      Mayor Flores stated that she received a letter from Ms. Yolanda Perez, Cigarroa Middle School principal, who is requesting conversion of Palo Blanco Street to a one-way street.

 

      Roberto Murillo, Traffic Director, stated that his crew has gone out to the location to assess the situation.  He mentioned that there is some construction going on already.  He stated that they are already closing a portion of the street for a couple of blocks.  He is still waiting for the master plan from Cigarroa Middle School and he would like to have more time to work with the school district on this conversion. 

           

            B.  Request by Council Member Alfredo Agredano

1.  Presentation by former gang member regarding UISD Gang Intervention

     Program.  (Co-sponsored by Council Member Eliseo Valdez, Jr.)

      Cm. Agredano made a correction to the item caption.

 

      Joe Espinoza, Gang Intervention Facilitator, introduced the team assigned to the different high schools:  Jose Jasso, Hector Garcia, David Volpe.  He also introduced a reformed gang member, Jose Luis Hernandez, and mentioned that he is making a difference in our community today. 

 

      He explained that a criminal street gang is defined as three or more people with an identifiable sign, symbol, or leadership who continuously or regularly associate in the commission of criminal activity.  He pointed out some of the characteristics of gang involvement and the organizational levels of gangs.  He also provided some tips for parents and educators to discourage children and teenagers from becoming gang members.

 

      Sergeant Armando Elizondo with the Laredo Police Department Juvenile Enforcement Team stated that mostly the officers do work with the students and gangs.  He stated that it is against the law for a minor to have a tattoo.   He mentioned that some of these gang members are doing the tattoos themselves. 

 

      Cm. E. Valdez, Jr. mentioned that some adults are exposing our minors to criminal activity.  He suggested to the City’s legislative liaison, Rene Gonzalez, to revive a previous House bill that never made its way to the House floor.  He would like to see some legislation passed where you can double the penalty on the adults who are exposing the children to drugs, crime, etc. 

 

Cm. Garcia joined the City Council meeting at 8:29 p.m.

 

C.  Request by Council Member Gene Belmares

1.  Discussion with possible action regarding City of Laredo accounts payable and

     accounts receivable policies.

 

                        Jose Castillo, Assistant Finance Director, reported on the procedures for accounts receivables.  He stated that the receivables is part of the internal accounting system and is used to account for amounts owed to the City from individuals, businesses, and organizations.  The City’s policy is to ensure that all governmental accounts receivables are managed correctly and efficiently.  It is the City’s policy to grant credit only if it is beneficial to the City and it fosters economic or social gain. It is also the City’s policy to take prompt action and vigorous collection efforts on past-due accounts.  Accounts that are over 30 days past due are handled by the different departments.  Anything over 60 days past due is referred to a revenue collection officer in the Finance Department.  Anything over 90 days is also referred to a revenue collection officer along with someone from the Legal Department.  He added that they are currently working on updating and standardizing the Accounts Receivables procedures. 

 

                        Cm. Belmares inquired as to which accounts the City currently collects fees on. 

 

                        Jose Castillo stated that there are ambulance fees, alarm permit fees, lot lien fees, rentals fees from municipal housing, solid waste fees, etc.

 

                        He said he would like to learn how the City collects on fuel flowage fees. 

 

                        Jose Flores, Airport Director, stated that those fees are paid on a monthly basis.  He explained that the fuel providers provide the City with the monthly statements listing all the deliveries that are received, the ending balance is subtracted, then the total gallons (fuel) sold is reported.  He stated that they collect 5.5 cents per gallon.  Every so often they do an audit in order to be current on the books. 

 

                        Jose Castillo, Assistant Finance Director, stated that the franchise fees are based on gross receipts and are done on a quarterly basis and the only way they can monitor those is when payment is received.  Those franchise fees that are collected come from the electric companies, cable companies, etc.

 

On accounts payable, Jose Castillo explained that the Accounts Payable Division is responsible for reviewing all invoices and processing payments on behalf of the City.  The staff processes invoices, debit memos, credit memos and they are processed online through the Purchasing Accounts Payable subsystem.  He added that a purchase order must be obtained before securing any goods or services from a vendor.  The Accounts Payable Division will not process a payment unless it is in receipt of a proper invoice.  The departments must also acknowledge receipt of services or goods before processing for payment.

 

Cm. Belmares stated that the only issue that he would like to address is the Accounts Receivable issue.  He instructed the City Manager to provide a report to City Council regarding the standardization of the receivables policy. 

 

2.  Discussion with possible action regarding the placement of “No Parking” signs

  and other safety concerns at Borchers Elementary.

 

Roberto Murillo, Traffic Director, reported that he spoke to the principal to get more information over this concern.  The school would like to have “no parking” signs installed in the area in front of the school.  He stated that the department will go ahead and place “no parking” signs there this week.  He mentioned that there is no need for a tow-away zone.  If they do make that area a tow-away zone, the department would need to bring an ordinance before Council to that effect. 

 

Cm. Belmares inquired whether there is something that the City could do about enclosing the area by the drainage canal.  He mentioned that one side of the canal is private property but the other side with a sidewalk belongs to the City. 

 

Larry Dovalina, City Manager, stated that there is a developer coming in next to this property. 

 

Keith Selman, City Planner, mentioned that the property owner to the South has come in to be master planned but said development would take some time.

 

Larry Dovalina, City Manager, mentioned that City staff would come back to City Council with a report and possible corrective measures. 

 

 

 

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

1.   Discussion with possible action requesting the City Manager to have Public

            Works crews to construct sidewalks on east side of Juarez from Lafayette to Burnside and on Bristol Road from Riverbank Road to Allen (northside) to be paid from District VII Discretionary Funds. 

         

Motion to instruct the City Manager to have Public Works crews construct sidewalks on east side of Juarez Ave. from Lafayette to Burnside and on Bristol Road to Allen (northside) to be paid from District VII discretionary funds.

 

                        Moved:  Cm. E. Valdez, Jr.

                        Second:  Cm. Amaya

                        For:    6                                         Against:  0                                       Abstain: 0

 

IX.       INTRODUCTORY ORDINANCES

 

12.  Authorizing the City Manager to execute all necessary documents to effectively convey

a 0.0835 of an acre (twelve-foot), more or less, parcel of land, as a Utility Easement to AEP Texas Central Company, for the extension of an overhead 3-phase primary line to serve a proposed wastewater lift station in the Wyndum Terrace Subdivision.  Said 0.0835 of an acre (twelve-foot) easement being out of tract of land previously conveyed to the City of Laredo for the North Laredo Wastewater Treatment Plant; and providing for an effective date. 

 

Ordinance Introduction: City Council

 

13.  Authorizing the City Manager to execute all necessary documents to effectively convey

two parcels of land to the Texas Mexican Railway Company, said parcels being:  Tract 1 – a 3,272 square foot parcel of land and Tract 2 – an 868 square foot parcel of land, in exchange for two other parcels of land: Tract 3 – a 10,640 square foot parcel of land, and Tract 4 – a 653 square foot parcel of land.  All four parcels are situated in that section of Salinas Avenue that lies between Washington Street and Moctezuma Street, Western Division, City of Laredo, Webb County, Texas; and providing for an effective date.  

 

Ordinance Introduction: City Council

 

14.  Authorizing the City Manager to execute a lease agreement between the City of

Laredo, as Lessor and Clemente M. Bedia, as Lessee for approximately 624.77 sq. ft. of building space to be used as a (WIC) Woman, Infant and Children Food Store at the area commonly known as 2300 Saltillo part of the Mario Tijerina Park site, for a term of one year at a monthly rate of $300.00 per month and will be adjusted annually according to Consumer Price Index; providing for an effective. 

 

Mayor Flores noted a correction as to the term of the lease agreement which is for a term of one year at a monthly rate of $350.00 per month.   

 

Ordinance Introduction: City Council

 

15.  Adopting a new health and dental benefits rate structure by   increasing all medical

contribution amounts by five percent (5%) and all dental contributions by ten p