CITY OF LAREDO

CITY COUNCIL MEETING

M2003-R-019

CITY COUNCIL CHAMBERS

1110 HOUSTON STREET

LAREDO, TEXAS 78040

OCTOBER 6, 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,                                                                    Mayor Pro Tempore, District I

            Hector 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

            Jaime Flores,                                                                            City Attorney

 

IV.       MINUTES

 

            Approval of the minutes of August 4, 2003 and August 18, 2003.

 

            Motion to approve.

 

            Moved:  Cm.  Agredano

            Second:  Cm.  Ramirez

            For:     8                                               Against:  0                                            Abstain:  0

V.        COMMUNICATIONS AND RECOGNITIONS

 

            Announcements

 

            None.

 

            Invitations

 

None.

 

            Recognitions

 

a.  Recognition of the Women’s City Club for their continued generous support of

Children’s Services at the Laredo Public Library.  Over the past five years the Women’s City Club has donated an excess of $10,000.00 for the baby board book collection.

 

Mayor Flores and City Council publicly recognized the Women’s City Club for their donations to the Laredo Public Library.

 

b.  Recognition of Samantha Hernandez, Junior at Nixon High School, who wrote a script

for a film regarding teen pregnancy awareness, which is being distributed throughout the country.  Samantha was featured on the cover of The New York Times. 

 

Mayor Flores and City Council recognized Samantha Hernandez and presented her with a Certificate of Recognition.

 

            c.  Recognition of Alamar R. Gutierrez of the Health Department, on her selection as

                September Employee of the Month.

 

Mrs.  Alamar Gutierrez was publicly recognized as the September Employee of the Month by Mayor Flores and City Council.  Mrs.  Gutierrez is a Senior Public Health Nurse. 

 

            d.  Recognition of the City's Customer Service Representatives in observance of National

                Customer Service Week, which will be celebrated October 6 - 10, 2003.

 

Eddie Zavala, Customer Service Coordinator, recognized the following individuals as being representatives from different City departments in observance of National Customer Service Week: 

 

Francis Perez,                                                          Airport Department

Bertha Rivera,                                                         Bridge Department

Norma De La Fuente,                                              Building/Planning Department

San Juanita De Los Reyes,                                       City Attorney’s Office

Blanca Cortinas,                                                      City Manager’s Office

Anna Lopez,                                                            Community Development

Monica San Miguel,                                                 Convention and Visitor’s Bureau

Teresa Esparza,                                                       Engineering Department

John Porter,                                                             Environmental Department

Letty Benavides, representing John Porter

Belinda Sanchez,                                                     Fire Department

Maria Solis,                                                             Library Department

Rosalinda Ortiz,                                                       Municipal Court

Gloria Garza,                                                           Parks & Recreation Department

Jose Baeza,                                                             Police Department

Gerardo Leal,                                                          Public Access Department

Angelina Ojeda,                                                       Public Works Department

Araceli Torres,                                                        Solid Waste Department

Alejandra Santana,                                                  Tax Department

Jessica Orbe,                                                           Utilities Department

     

            Communiqués

 

Cm.  Agredano thanked the Parks and Recreation staff for all the work they have done at the Mario Tijerina Park.  He added that he has visited the park several times and was pleased to report that the park was full of children.  

 

Cm.  Garcia expressed his thanks to the Public Works and Community Development Departments for cleaning up the creek area in Villa Del Sol.  He specifically mentioned City employees, John Orfila and Roy Garcia.  He also thanked Mr.  Murillo for installing street lights in the Villa Del Sol Subdivision.  He congratulated the firefighter cadets on their recent graduation.  He also thanked the Mayor Flores and the local Shiners for donating circus tickets for children.    

 

Cm.  Galo advised that he had the privilege to represent the City of Laredo at a Border Trade Alliance Conference in Mexico City.  He said that the Border Trade Alliance was opposed to the new entry exit system control that will go into affect by December in all airports and land ports by the year of 2004.  He went on to say that one of the City’s consultants now serves as the Border Trade Alliance Board of Director; therefore, he is confident that the City will have excellent representation in Washington.  He further acknowledged that he had the pleasure of representing the City in receiving an award from the National Gas Vehicle Coalition in Las Vegas.  The City of Laredo is one of the first cities to implement the use of compressed natural gas for their vehicles.  The Metro Fleet is at 61% and the City’s Fleet is at 19% of running on compressed natural gas.   

 

Cm.  Amaya thanked J. J. Perez, District IV resident, for hosting a block party on Allende Street.  He also announced that October 1, 2003 marked his 37 year anniversary for working in the waterworks profession. 

 

Cm.  E.  Valdez thanked the City Manager staff, the Army Corp of Engineers, Health Department, Environmental Department, and the Airport staff for continuing to make the airport study a priority.  He reminded the public that he inherited the property during the last redistricting process.  He also invited the residents to attend a public hearing to be held at the Public Works Center on October 23, 2003 at 5:30 p.m.  He encouraged all interested parties to go with any questions that they might have. 

 

Cm.  Belmares thanked Gary Jacobs, President of Laredo National Bank, for hosting the reception for the National Council of Raza and Texas Migrant Council.  The reception was held to welcome the members of the affiliates of the National Council of Raza who hosted a conference in Laredo for the week-end. 

 

Cm.  J.  Valdez thanked the 26 Firefighters for inviting him to their graduation.  He said that he is looking forward to working with the new firefighters.  He mentioned that the ceremony was very nice.   

 

Cm.  Ramirez announced that he attended a Transit Conference in Salt Lake City, Utah.  He said that he learned many new ideas that would be implemented in the Transit Department.

 

The Mayor stated that El Paso was given the funds to get Mexican drayage trucks to their community; however, they have not been successful.  She mentioned that the federal monies may be moved to Laredo if El Paso continues to have problems getting the project off the ground.   

 

 The Mayor read the following excerpt of letter received from James Randall, Director of Transportation Planning and Programming:   

 

“Dear Mr.  Dovalina:

 

The City of Laredo’s 5th International Bridge Application submitted to the Department of Transportation Transportation/Planning and Programming Division on September 22 and forwarded to the designated points of contact within Tex-DOT meets the requirements of Title 43 Texas Administrative Code Section 15.74 and has been deemed complete.”

 

Mayor Flores also congratulated the cadets for successfully completing their training to become firefighters.  She mentioned that the ceremony was very inspiring.   

 

VI.       APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES

 

            None.

VII. PUBLIC HEARINGS

 

1.  Public hearing and introductory ordinance adopting the Municipal Court schedule of

window fines as per attached list and Section 542.031, Transportation Code, as added by House Bill 3588, creating a $30.00 State traffic fee court cost on conviction for offenses, including parking and pedestrian offenses, under subtitle C, Rules of the Road, Transportation Code and amending the Code of Ordinances, Chapter 20, Section 20-37, by adding subsection (h); providing for severability, effective date and publication.

 

Motion to open the public hearing.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Agredano

For:     8                                          Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce with amendments.  The Council requested for the window fines to be published more than once.  They also requested for print to be enlarged in the newspaper.   

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  E.  Valdez

For:     8                                          Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

2.  Public hearing and introductory ordinance authorizing the City Manager to accept a

Comprehensive STEP grant from the Texas Department of Transportation and amending the City of Laredo FY 2003-2004 annual budget by decreasing $68,050.00 for the Comprehensive STEP program.  The Texas Department of Transportation will contribute $51,255.00 for this program and the City will contribute $5,695.00 in matching funds. This grant will be utilized to pay overtime for the enforcement of traffic laws.  The funding period for this grant will be from October 1, 2003 through September 30, 2004.

 

Motion to open the public hearing.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Agredano

For:      8                                         Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Garcia

Second:  Cm.  Amaya

For:      8                                         Against:                                                Abstain:

 

Ordinance Introduction:  City Council

 

3.  Public hearing and introductory ordinance authorizing the City Manager to accept a

Comprehensive Commercial Motor Vehicle STEP grant from the Texas Department of Transportation and amending the City of Laredo FY 2003-2004 annual budget in the amount of $55,556.00 for the Comprehensive STEP program.  The Texas Department of Transportation will contribute $50,000.00 for this program and the City will contribute $5,556.00 in matching funds. This grant will be utilized to pay overtime for the enforcement of traffic laws.  The funding period for this grant will be from October 1, 2003 through September 30, 2004.

 

Motion to open the public hearing.

 

Moved:  Mayor Pro Tempore 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.  Agredano

Second:  Cm.  J.  Valdez

For:      8                                         Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

4.  Public hearing and introductory ordinance authorizing the City Manager to accept a

grant from the Texas Department of Transportation for the “El Protector” program and amending the City of Laredo’s 2003-2004 annual budget in the amount of $29.00 and amending the Full Time Equivalent Positions.  The Texas Department of Transportation will contribute $35,000 for this program and the City will contribute $42,226.00 in matching funds. These funds will pay for the salary and fringe benefits for one police officer.  The funding period for this grant will be from October 1, 2003 through September 30, 2004.

 

Motion to open the public hearing.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Agredano

For:      8                                         Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Garcia

Second:  Cm.  J.  Valdez

For:      8                                         Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

5.  Public hearing and introductory ordinance accepting a direct aid grant from the Texas

State Library Loan Star Libraries Program in the amount of $18,627.00 for new computers at the Santo Nino Branch Library and study rooms, and amending the City of Laredo FY 2003-2004 annual budget in the amount of ($1,686.00).

 

Motion to open the public hearing.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Agredano

For:      8                                         Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Agredano

Second:  Cm.  Garcia

For:     8                                          Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

 

 

6.  Public hearing and introductory ordinance amending Chapter 5.5, Ambulances Article I-

In General, of the Laredo Code of Ordinances, by specifically amending Section 5.5-28 (a) to standardize basic rates, and providing for publication and effective date of January 1, 2004. The increase in rates are primarily to recover from insurance carriers, and were compiled from a rate review survey of 32 cities in Texas. 

 

Motion to open the public hearing.

 

Moved:  Cm.  Agredano

Second:  Cm.  Amaya

For:      8                                         Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Agredano

For:      8                                         Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

7.  Public hearing and introductory ordinance amending the City of Laredo FY 2003-2004

annual budget by increasing expenditures and revenues by $5,859.00 from the Texas Health and Human Services Commission for the Children’s Health Insurance Program (CHIP) Outreach Project of the City of Laredo Health Department; extending the contract period for one month beginning February 1, 2002 through October 31, 2003. 

 

Motion to open the public hearing.

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Agredano

For:      8                                         Against:  0                                            Abstain:  0

 

There was no public input.

 

Motion to close the public hearing and introduce.

 

Moved:  Cm.  Agredano

Second:  Cm.  Garcia

For:      8                                         Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

8.  Public hearing and introductory ordinance amending the City of Laredo FY 2003-2004

annual budget by increasing revenues and expenditures in the amount of $95,374.00 for the Texas Department of Health for the Women, Infants and Children "WIC" Program of the City of Laredo Health Department for the period beginning October 1, 2003, through September 30, 2004; and amending the FY 2003-2004 full-time equivalent positions from 80 to 82.5. The new grant total budget will be $2,911,507.00. 

 

Motion to open the public hearing.

 

Moved:  Cm.  Belmares

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.  E.  Valdez

Second:  Cm.  Garcia

For:      8                                         Against:  0                                            Abstain:  0

 

Ordinance Introduction:  City Council

 

VIII.    GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS

 

            A.  Request by Council Member Alfredo Agredano

 

1.  Discussion with possible action authorizing the City Manager to have the Department of

Public Works construct sidewalks on 2000 & 2100 South Milmo (east side); 2300 & 2400 Chestnut (north side); 2300 San Luis (south side); and the 2900, 3000 and 3100 South Martin (west side); to be funded with District 1 discretionary funds.

 

Motion to postpone. 

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Garcia

For:    8                                           Against:  0                                            Abstain:  0

   

            B.  Request by Council Member Hector J. Garcia

 

1. Requesting City Manager to finalize agreement with LISD regarding the conveyance of

Garcia Street between San Dario and San Eduardo Avenues, Benavides Street between Davis and Main Avenue, 2800 S. Canada between Palo Blanco and Thurman, and six (6) lots on Fremont adjacent to Memorial Middle School.

 

Cm.  Garcia encouraged City staff to work out a solution with Laredo Independent School District.  He spoke in favor of exchanging property for properties.  He added that the school district is building, expanding, and bringing life into different neighborhoods. 

 

Dr.  Cecilia Moreno, Construction Planning and Asset Management with Laredo Independent School District, introduced several board member that were in the audience.  She asked the City Council Members to consider the identification of the LISD owned properties and the value of other special projects.  She expressed the districts excitement for their contribution to revitalization of inner city neighborhoods.  She assured the Council that the children are going to benefit from the new changes.  She added that the City would benefit by the revitalization of the schools.  She asked for the Council’s support for the item.

 

Jose Valdez, Laredo Independent School Trustee, said that the situation surfaced without anyone planning for it.  He informed the Council that the school district is not financially challenged; however, the monies are restricted. He added that it is not easy to take the monies to pay for the property.  He stressed the important of working together with City Council for a win-win situation. 

 

Larry Dovalina, City Manager, gave a comprehensive report on the agreement with LISD regarding the conveyance of Garcia Street between San Dario and San Eduardo Avenues.  He noted that staff has been meeting with Laredo Independent School District officials to finalize agreements.  He went on to say that there are three different problems.  One is urgent because construction has taken place on Garcia, Benavides, and Canada.  He said that the City has obtained fair market appraisals for said properties.  He advised that the City Attorney has given his legal opinion stating that the City of Laredo must have fair market value for any properties that they acquire.  Staff has discussed the issue and has determined that some of the easements were in the streets; therefore, they could allow a 50% discount off of the market appraisals that are listed below: 

 

$45,000       Benavides

$142,000     Garcia

$37,000       Canada

 

The second problem involves the closure of Canada and Frost streets.  Planning and Zoning has looked at the closure of Plum and some discussion has been motivated by the fact that Nixon does not enjoy a closed campus.  There are needs and necessity to take a look at that area which will give the City time to negotiate further.  LISD is requesting six lots which are being appraised at $54,000 each.  Two of the lots may have utility easements on them which would allow the City to offer the same 50% discount.  He noted that LISD is not in agreement with the appraised value of the lots.  He suggested for LISD to hire another certified appraiser for a second opinion on the properties. 

 

Finally, the third problem is that LISD is seeking to get another $34,000,000 bond issue to do some remaining schools.  He said that he is concerned about the actual titles on the properties.  He suggested getting a working relationship with LISD now rather than facing problems in the future.  He went on to say that staff is prepared to meet with LISD.  He said that the issues that the City has proposed within our frame work of what the City can accept have not been acceptable.  He added that the item has been placed on the LISD Board Meeting Agenda.  Staff feels that LISD should expedite their decisions on the first problem considering that construction has begin; however, further negotiations are recommended. 

 

Jaime Flores, City Attorney, said the core issue is the arrival at the fair market value. The Texas Constitution absolutely requires for the City to receive they cannot grant or give anything of value. The City Manager has gone through the process of obtaining an appraisal and has looked at providing a discount through establishing the value for the retained easement for the streets.  He said the amount is being looked at to see if it can be given in time through trade; however it must go back to the fair market value. 

 

Mayor Flores asked if there has been discussion on actual land swapping.

 

Larry Dovalina, City Manager, noted that the property is property foreclosed by the school district.  In order to clear the land they must pay the taxes. 

 

Cm.  E.  Valdez noted his desire to work with LISD in an expedient manner. 

 

Jose Valdez, Sr.  noted that the item will be place on the LISD agenda for further discussion.  He agreed that there needs to be more dialogue on the item in order to reach an agreement.  

 

            C.  Request by Council Member John C. Galo 

                                   

      1.  Update on hiring of Tennis Pro and Market Street Courts.

 

Motion to postpone. 

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Garcia

For:    8                                    Against:  0                                            Abstain:  0

 

                   2.  Report from Traffic Department regarding accidents on Meadow                                                           and Galveston, with possible action.

 

 Motion to postpone. 

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Garcia

For:    8                                    Against:  0                                            Abstain:  0

 

              D.  Request by Council Member Johnny Amaya

 

        1.  Discussion with possible action to close the 2000 block of Plum to allow a closed

                         campus for J.W. Nixon High School.  (Co-sponsored by Council Member Hector  

                         J.   Garcia)

 

 Motion to authorize staff to create an ordinance to close the 2000 block of Plum to  

 allow a closed campus for J. W. Nixon High School.

 

             Moved:  Cm.  Amaya

             Second:  Cm.  Garcia

             For:     8                                  Against:  0                                            Abstain:  0

           

            E.  Request by Council Member Eliseo Valdez, Jr.

   1.  Status report by Legislative Liaison, Rene Gonzalez, regarding the effectiveness of

City's Lobbyist Team during last legislative session, including those issues affecting the constituents of the City of Laredo that were approved and those that were not and the impact either way to the community; status of Special Legislative Session regarding issues that affect the City of Laredo and how we can become involved; and consideration for Lobbyist Team to report directly and more often to either the Legislative Committee or the City Council, especially during creation of legislative agenda. (Co-sponsored by Council Member Gene Belmares)

 

Motion to postpone. 

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Garcia

For:    8                                    Against:  0                                            Abstain:  0

 

2.  Discussion with possible action regarding the development of the Standard Technical

Specifications Manual and setting a thirty (30) day deadline for its completion. (Co-sponsored by Council Members Gene Belmares and Jose A. Valdez, Jr.)

 

     Motion to postpone. 

 

     Moved:  Mayor Pro Tempore Galo

          Second:  Cm.  Garcia

                      For:    8                                      Against:  0                                            Abstain:  0

 

     3.  Discussion with possible action to provide solutions for District V constituents

          regarding floodplain insurance as it relates to the latest floodplain map.

 

     Motion to postpone. 

 

                      Moved:  Mayor Pro Tempore Galo

                      Second:  Cm.  Garcia

                      For:    8                                      Against:  0                                            Abstain:  0

 

     4.  Status report on the studies being conducted at the former air force base (Alta

          Vista/Vista Hermosa) and activities of the Committee.

 

Motion to postpone. 

 

Moved:  Mayor Pro Tempore Galo

Second:  Cm.  Garcia

For:    8                                    Against:  0                                            Abstain:  0

 

            F.  Request by Council Member Gene Belmares

 

1.  Discussion with possible action on enforcement efforts to control roadside

     vendors.