CITY OF LAREDO         

CITY COUNCIL MEETING

M2003-R-018

CITY COUNCIL CHAMBERS

1110 HOUSTON STREET

LAREDO, TEXAS 78040

SEPTEMBER 15, 2003

5:30 P.M.

 

 I.         CALL TO ORDER

 

            With a quorum present, Mayor Pro Tempore Galo called the meeting to order.

II.        PLEDGE OF ALLEGIANCE

 

            Mayor Pro Tempore Galo led in the Pledge of Allegiance.

III.       ROLL CALL

 

            In attendance:

 

            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

            Donna Magnón,                                                                        Deputy Secretary

            Larry Dovalina,                                                                         City Manager

            Cynthia Collazo,                                                                       Assistant City Manager

            Jaime Flores,                                                                            City Attorney

 

            Motion to excuse Mayor Elizabeth G.  Flores.

 

            Moved:  Cm.  Amaya

            Second:  Cm.  Belmares

            For:     6                                               Against:  0                                            Abstain:  0

 

             Cm.  Garcia joined the meeting at 5:42 p.m.

 

IV.       MINUTES

 

             Approval of the minutes of July 7, 2003, July 21, 2003 and August 25, 2003.

 

             Moved:  Cm.  Agredano

             Second:  Cm.  Ramirez

             For:     8                                              Against:  0                                            Abstain:  0

 

V.        COMMUNICATIONS AND RECOGNITIONS

 

            Announcements

 

            None.

 

            Invitations

 

None.

 

            Recognitions

a.  Recognition of Sandra Ramirez, of the Budget Department, on her selection as August

     Employee of the Month.

 

Martin Aleman, Budget Director, stated that Mrs. Ramirez has been an Administrative Secretary for the past two and one-half years with the Budget Department.  She is responsible for preparing the working budget document that is presented to the Mayor and City Council prior to the budget workshops.  She is also entrusted with the responsibility of putting the final document together prior to publication. 

 

Mayor Pro Tem Galo and City Council presented Sandra Ramirez with a Seven Flags Certificate for her outstanding performance and dedicated service to the City of Laredo.

     

            Communiqués

 

Cm. Agredano submitted some copies of correspondence from the Texas Department of Health and the Webb County Community Coalition in connection with the clean air ordinance that City Council is working on.  He added that the City of Harlingen has passed a non-smoking ordinance and it has not affected their businesses or the city negatively.  He submitted the documents for the record to the City Secretary’s Office.

 

Cm. Belmares extended a thank you to Planning and Zoning Commissioner Orlando Navarro and Parks and Recreation Advisory Board Member Henry Mejia for touring the neighborhoods in District VI.  He stated that they toured the neighborhoods to see the extent of flooding following the rains and will be working on a plan of action for the district.

 

Cm. J. Valdez, Jr. gave his appreciation for everyone’s prayers and support offered to him and his family.  He also stated that he wanted to clarify a news story regarding the status on pending city projects within District VII.  He added that he placed this item on the agenda a week ago and he had not received any phone calls from anyone.  He stated that these are significant projects that are going to impact the district. 

 

VI.       APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES

a.  Appointment by Council Member Johnny Amaya of Maria D. “Josie” Perez to the

    Laredo Commission for Women.

 

Motion to approve the appointment of Maria D.  “Josie” Perez” to the Laredo Commission for Women.

 

Moved:  Cm.  Agredano

Second:  Cm.  Belmares

For:     7                                           Against:  0                                            Abstain:  0

          

VII. PUBLIC HEARINGS

 

1.  Public hearing and introductory ordinance amending the Zoning Ordinance Map of the

City of Laredo by authorizing the issuance of a Conditional Use Permit for the storage of hazardous materials on Lots 2-7, Block 49, Eastern Division, located at 220 Market Street; providing for publication and effective date.  The Planning and Zoning Commission has recommended approval of the proposed Conditional Use Permit.

 

Motion to open the public hearing.

 

Moved:  Cm.  Belmares

Second:  Cm.  E.  Valdez, Jr.

For:      7                                         Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Ramirez

Second:  Cm.  Agredano

For:     7                                          Against:  0                                            Abstain:  0

 

Ordinance Introduction:  Cm.  Ramirez

      

2.  Public hearing and introductory ordinance amending the Zoning Ordinance Map of the

City of Laredo by authorizing the issuance of a Conditional Use Permit on all of Block 270, Eastern Division, located at 2001 Cedar Avenue; providing for publication and effective date.  The Planning and Zoning Commission has recommended approval of the proposed Conditional Use Permit.

 

Motion to open the public hearing.

 

Moved:  Cm.  Belmares

Second:  Cm.  Agredano

For:      7                                         Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Amaya

Second:  Cm.  Agredano

For:     7                                          Against:  0                                            Abstain:  0

 

Ordinance Introduction:  Cm.  Ramirez

3.  Public hearing and introductory ordinance amending the Zoning Ordinance Map of the

City of Laredo by authorizing a Planned Unit Development Overlay District (PUD) for Lots 1-27, Block 5, Lots 1-8, Block 6, Lots 1-9, Block 7, Lots 1-3, and 5-7, Block 8, Green Subdivision, Phase I, and 13.36 acres, as further described by metes and bounds on attached Exhibit “A,” located north of Mines Road and south of Green Boulevard; providing for publication and effective date.  The Planning and Zoning Commission has recommended denial of the proposed Planned Unit Development Overlay District.

 

Motion to open the public hearing.

 

Moved:  Cm.  Belmares

Second:  Cm.  Amaya

For:      7                                         Against:  0                                            Abstain:  0

 

Mr. Carlos Mejia, of Mejia Engineering, spoke in favor of the project. 

 

Hugo Gutierrez, owner/developer of the property,  presented a map of the proposed subdivision and the homes they plan to build on the lots.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  J.  Valdez, Jr.

Second:  Cm.  Amaya

For:      7                                         Against:  0                                            Abstain:  0

 

Ordinance Introduction:  Cm.  J.  Valdez, Jr.

 

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

Ordinances by repealing Chapter 14 (Garbage Trash & Refuse), Article III, Rates for Federally Mandated NPDES Program Sections 14-10 through 14-20 and by creating Chapter 33, Article VII, entitled Stormwater Fees to include new sections, 33-430 through 33-450, defining the stormwater rates for residential and commercial customers and providing for publication and effective date.

 

Motion to open the public hearing.

 

Moved:  Cm.  Belmares

Second:  Cm.  Amaya

For:      7                                         Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Belmares

Second:  Cm.  Amaya

For:      7                                         Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

5.  Public hearing and introductory ordinance amending the Zoning Ordinance Map of the

City of Laredo by rezoning Lot 6, Block 3, Del Mar Village Addition, located at 102 Del Court, from B-3 (Community Business 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.  Belmares

Second:  Cm.  Garcia

For:      7                                         Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  E.  Valdez, Jr.

Second:  Cm.  Garcia

For:      7                                         Against:  0                                            Abstain:  0

 

Ordinance Introduction:  Cm.  E.  Valdez, Jr.

 

6.  Public hearing and introductory ordinance amending the Zoning Ordinance Map of the

City of Laredo by rezoning Lot 1, Block 212, Eastern Division, located at 1701 S.   Meadow Avenue, 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 denial of the proposed zone change.

 

Motion to open the public hearing.

 

Moved:  Cm.  Belmares

Second:  Cm.  Agredano

For:      7                                         Against:  0                                            Abstain:  0

 

Margarito Mendez spoke before City Council requesting the zone change to a B-3.

 

Motion to close the public hearing and send it back to the Planning and Zoning Commission for a Conditional Use Permit for a tire shop and hand car wash.

 

Moved:  Cm.  Amaya

Second:  Cm.  Ramirez

For:      7                                         Against:  0                                            Abstain:  0

 

7.  Public hearing and introductory ordinance amending the Zoning Ordinance Map of the

City of Laredo by rezoning 4.8 acres, as further described by metes and bounds on attached Exhibit “A,” located south of Highway 359, from R-1 (Single Family Residential 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.  Agredano

Second:  Cm.  Garcia

For:     7                                          Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce and follow the recommendation of staff.

 

Moved:  Cm.  Garcia

Second:  Cm.  Agredano

For:     7                                          Against:  0                                            Abstain:  0

 

Ordinance Introduction:  Cm.  Garcia

8.  Public hearing and introductory ordinance amending the Zoning Ordinance Map of the

City of Laredo by rezoning 0.454 acres, as further described by metes and bounds on attached Exhibit “A,” located north of River Bank Drive and west of Atlanta Drive, from AG (Agricultural District) to R-1A (Single Family Reduced Area 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.  Belmares

Second:  Cm.  Agredano

For:      7                                         Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  J.  Valdez, Jr.

Second:  Cm.  E.  Valdez, Jr.

For:      7                                         Against:  0                                            Abstain:  0

 

Ordinance Introduction:  Cm.  J.  Valdez, Jr.

 

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

annual budget in the amount of $337,328.00 to fund the Laredo Autotheft Task Force.  The Texas Automobile Theft Prevention Authority will be awarding $282,805.00, the City of Laredo will be designating $134,887.00 in matching funds, and Webb County will be designating $23,430.00 in matching funds for a total of $441,122.00.  This grant is effective from September 1, 2003 through August 31, 2004.

 

Motion to open the public hearing.

 

Moved:  Cm.  Belmares

Second:  Cm.  Amaya

For:     7                                          Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Agredano

Second:  Cm.  Belmares

For:      7                                         Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 10.   Public hearing and introductory ordinance amending Chapter 14 (Garbage Trash &

Refuse) of the Code of Ordinances, specifically to update the ordinance to address the Solid Waste Director, add and refine definitions and services to change the Landfill City Vehicle rate fee to $1.25, add a commercial exemption to administrative fee of $2.50 and to revise the franchise requirements; providing for publication and effective date.

 

  Motion to open the public hearing.

 

  Moved:  Cm.  Belmares

  Second:  Cm.  Agredano

  For:     7                                        Against:  0                                            Abstain:  0

 

  There was no public input.

 

  Motion to close the public hearing and introduce.

 

  Moved:  Cm.  Agredano

  Second:  Cm.  Belmares

  For:     7                                        Against:  0                                            Abstain:  0

 

  Ordinance Introduction:  City Council

      

11.  Public hearing and introductory ordinance amending Ordinance 2002-O-262 of the

Code of Ordinances for the City of Laredo providing a charge of $15.00 per client for the Influenza Immunization at the Immunization Clinic of the City of Laredo Health Department, and $20.00 for the pneumococcal vaccine, providing for a sliding fee to persons unable to pay due to indigence; and providing for severability, publication and effective date.

 

Motion to open the public hearing.

 

Moved:  Cm.  Belmares

Second:  Cm.  Agredano

For:     7                                        Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Agredano

Second:  Cm.  Belmares

For:     7                                        Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

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

annual budget by appropriating revenues and expenditures in the amount of $336,184.00 in funds from the Texas Department of Health and $147,307.00 in program income for 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:     7                                        Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Agredano

Second:  Cm.  Garcia

For:     7                                        Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

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

annual budget by appropriating revenues and expenditures in the amount of $13,333.00 for the HIV Hepatitis C Screening Project of the City of Laredo Health Department for a four (4) month period beginning September 1, 2003 through December 31, 2003.

 

Motion to open the public hearing.

 

Moved:  Cm.  Belmares

Second:  Cm.  Agredano

For:     7                                        Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

 

 

Moved:  Cm.  Belmares

Second:  Cm.  Amaya

For:     7                                        Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

14.  Public hearing and introductory ordinance authorizing the City Manager to enter into a

contract with the South Texas Development Council and amending the City of Laredo FY 2002-2003 annual budget by appropriating revenues and expenditures in the amount of $103,275.00.  The South Texas Development Council will grant the City of Laredo $103,275.00 for the HIV/AIDS Health and Social Services Project 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.  Garcia

For:     7                                        Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Belmares

Second:  Cm.  J.  Valdez, Jr.

For:     7                                        Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

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

Risk Management Fund by appropriating $300,000.00 for revenues and expenditures related to the Worker’s Compensation charges and claims.  The amendment will increase estimated revenues for administrative charges workers compensation by $300,00.00 and the estimated expenditure for compensation claims by $300,000.00.

 

Motion to open the public hearing.

 

Moved:  Cm.  Belmares

Second:  Cm.  Agredano

For:     7                                        Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Belmares

Second:  Cm.  Garcia

For:     7                                        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 hiring an additional Assistant City Manager.

 

Cm. Garcia pointed out that the City has seen tremendous growth.  He asked that the City Manager consider hiring an assistant either now or as soon as monies are available. 

 

Larry Dovalina, City Manager, stated that the City currently has approximately 30 to 35 positions that have seen approval of the FTEs.   This is based on anticipation that the economy will turn and there will be a change and salary savings during the coming year.   He explained the difference between a Deputy City Manager and an Assistant City Manager that would be coming in.  He stated that the Assistant City Manager would not have the capacity, knowledge and expertise that the Deputy City Manager has acquired having gone through budget processes, different crisis, etc. 

 

Mayor Pro Tem Galo inquired whether the City intends to hire someone with experience such as an Assistant City Manager from another municipality.

 

Larry Dovalina, City Manager, stated that the individual would go through an evaluation process and staff would conduct an assessment.  The City would probably have a committee composed of the City Manager’s staff and some of the department directors in conducting the screening process.

 

Mayor Pro Tem Galo read some comments from Mayor Flores:

 

“Although I agree that we need another Assistant City Manager, the City of Laredo budget includes 24 highly trained and experienced department directors for each of the City’s critical services.  They serve as an Assistant City Manager in their respective fields to ease the load of the City Manager.  This being a tight budget year, I believe that we should maintain the current management structure and focus any additional funds in the health care professions.  The City continues to face shortages in nurses which put our community at increased risk to health care threats.  To aid this health care crises, we must adequately  compensate our nurses to make sure we retain them.  Therefore, the City should provide any additional funds to hire needed nursing staff and provide nurses with competitive salaries.”

 

Motion to approve the FTE position and, if monies become available, to proceed with the hiring of the Assistant City Manager. 

 

Moved:  Cm. Garcia

Second:  Cm. Ramirez

                              For:    7                                          Against:  0                                Abstain:  0

 

 

 

2.  Discussion with possible action regarding traffic around Lamar Middle School

      between Arkansas and Lane.

Roberto Murillo, Traffic Director, acknowledged that the problem on campus is the student drop-off location and the congestion.  He mentioned that when he went to the site, the school had temporarily set up a one-way system.  The main problem is that students are being dropped off at both sides of the street.  The three-block section that is shown on Lane Street between Milmo and Arkansas could be converted into a one-way street going in an easterly direction.  He added that they have a new drop-off layout and the request would be to make the drop-off  site a one-way direction.  He is recommending that this will be implemented only during the peak hours and make sure there is always a peace officer available, especially on Arkansas Avenue and Lane Street.  He stated that the department needs to have an ordinance in place in order to implement this.

 

Cm. Garcia requested that Lane Street be converted to a one-way street from 7:00 a.m. to 8:30 a.m. and from 2:30 p.m. to 4:00 p.m.   He added that the recommendation is that the south side of Lane Street be designated as a “no parking” zone for two blocks. 

     

            B.  Request by Council Member Gene Belmares

 

1.  Discussion with possible action on creating temporary playing fields for the boys

     and girls flag football fields. 

 

Horacio De Leon, Parks and Recreation Director, reported that earlier last week he met with Cm. Belmares.  They identified some property north of Mary Help of Christians School and the crew has been preparing that site for flag football use.  Due to the recent rains, they have not been able to view the property today but he foresees that they will have the property ready prior to game day. 

 

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

1. Discussion with possible action regarding all District VII Projects to include

    existing basketball courts, sidewalks, parks and water splash park projects.

 

 Horacio De Leon, Parks and Recreation Director, reported that the basketball   

 courts park has not been completed.  He had a meeting to review the status of this 

 project and learned that there are some items that remain pending.  A decision  

 was made at said meeting to end the contract with the contractor and recover

 the retainage monies and complete the project in-house.   In regards to the parks  

 and water splash project, he stated that the RFP is due September 4th initially.   

 The RFP was extended to October 2nd and they are looking for a design/build

 project both at Lafayette and Farias Parks.  He explained that staff will review the  

 RFPs and make a  recommendation for award of the projects.   He added that the  

 recommendation could come in early November to City Council for approval. 

 Regarding the splash park project, he stated that he expects the project to come in

 under $200,000.00.  He mentioned that the master plan is as described, and if 

 there is a bid that is lower than $200,000.00 they can probably cover the

 improvements needed.  There has not been any additional funding from CDBG  

 funds identified for this project.  He added that he will know more after the

 October 2nd bid opening. 

 

 Cm. J. Valdez, Jr. mentioned that they had already met with vendors and received

 estimates for the project.  He stated that they have received estimates close to 

 $200,000.00 and he would like to see staff allocate funding for it.

 

 Cm. J. Valdez, Jr. mentioned that in regards to the Junior and Senior League Park,  

 they recently had all the legal paperwork settled.  He stated that now there is an