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 percent (10%) for the City of Laredo and for all persons covered under the City of Laredo’s medical and dental plan unless otherwise provided in a collective bargaining agreement and providing for an effective date of September 28, 2003. 

 

Ordinance Introduction: City Council

 

X.        FINAL READING OF ORDINANCES 

 

Motion to waive the final readings of  ordinances # 2003-O-206; #2003-O-207; #2003-O-208; #2003-O-209; #2003-O-211; #2003-O-212; #2003-O-213; #2003-O-214; and #2003-O-215.

 

            Moved:  Cm. Belmares

            Second:  Cm. Amaya

            For:    6                                                Against:  0                                            Abstain:  0

2003-O-206  Amending the Zoning Ordinance Map of the City of Laredo by authorizing the

issuance of a Special Use Permit for the addition of an antenna on an existing tower on Lot 1, Block 1, SBMS Garza Replacement Site, located approximately at 4111 Zapata Highway; providing for publication and effective date. 

 

Motion to adopt Ordinance # 2003-O-206.

 

Moved:  Cm. Belmares

Second:  Cm. Garcia

For:    6                                       Against:  0                                Abstain:  0

2003-O-207  Amending the Zoning Ordinance Map of the City of Laredo by rezoning Lot

2, Block 3, Jacaman Ranch Subdivision, Unit 6, Jacaman Commercial Park, located east of Rosson Lane, from B-4 (Highway Commercial District) to B-3 (Community Business District); providing for publication and effective date.

 

Motion to adopt Ordinance # 2003-O-207.

 

 Moved:  Cm. Belmares

 Second:  Cm. Garcia

 For:    6                                      Against:  0                                Abstain:  0

2003-O-208  Amending the City of Laredo FY 2002-2003 annual budget by appropriating

revenues and expenditures in the amount $205,860.00 in funds from the Texas

Department of Health and $7,048.00 in Program Income for the Tuberculosis Elimination Program of the City of Laredo Health Department for the period beginning September 1, 2003, through August 31, 2004. 

 

 Motion to adopt Ordinance # 2003-O-208.

  Moved:  Cm. Belmares

 Second:  Cm. Garcia

For:    6                                      Against:  0                                Abstain:  0

2003-O-209  Amending the City of Laredo Code of Ordinances Chapter 31, Article II,

Sewers and Sewage Disposal, Division I, § 31-16, Definitions, by deleting definitions; deleting Division III, Use of Public Sewers §31-51 through 31-64; increasing sections to be reserved from § 31-69 through § 31-77; repealing all conflicting ordinances; establishing pretreatment charges and fees ranging from $50.00 up to $150.00; providing a penalty; severability, publication and effective date.

 

Motion to adopt Ordinance # 2003-O-209.

 

Moved:  Cm. Belmares

Second:  Cm.  Garcia

For:    6                                       Against:  0                                Abstain:  0

2003-O-211  Amending chapter 19, Motor Vehicle and Traffic, Article VIII, Stopping,

Standing or Parking, Section 19-361, City Owned Parking Lot Enforcement and Section 19-362, City-owned Parking Lot Rates and Hours of Operation, of the Code of Ordinances, City of Laredo: authorizing the establishment of monthly parking rates and enforcement regulations, for certain City-owned parking lot facilities, providing for effective date and publication.

 

 Motion to adopt Ordinance # 2003-O-211.

 

 Moved:  Cm. Belmares

 Second:  Cm. Garcia

For:    6                                      Against:  0                                Abstain:  0

2003-O-212  Authorizing the City Manager to execute a lease agreement with Labata

Services for approximately 117 square feet constituting AOA Office No. 3 of the Passenger Terminal Building located at 5210 Bob Bullock Loop at the Laredo International Airport.  Lease term is for one (1) year commencing July 1, 2003 and ending on June 30, 2004, and may be extended for one (1) year ending June 30, 2005.  However, it is agreed by the parties that the lease may be terminated by either party on not less than thirty (30) days written notice from the party terminating to the other.  Monthly rent shall be $300.00 and will be adjusted annually during the primary and extension term of this lease according to changes in the Consumer Price Index; providing for effective date.

 

 Motion to adopt Ordinance # 2003-O-212.

 

 Moved:  Cm. Belmares

 Second:  Cm. Garcia

For:    6                                      Against:  0                                Abstain:  0

2003-O-213  Authorizing the City Manager to execute a Foreign Trade Zone Operations         

Agreement between the City of Laredo, as Zone Grantee of Foreign Trade Zone No. 94 and Pedraza Forwarding, as zone site operator, for approximately 8,640 square feet of activated space located at 8810 Killam Industrial Boulevard, Foreign Trade Zone Site 3.  Said agreement provides that activation, administration and transaction fees be paid to the City; providing for effective date.

 

Motion to adopt Ordinance # 2003-O-213.

 

Moved:  Cm. Belmares

Second:  Cm. Garcia

For:    6                                       Against:  0                                Abstain:0         

 

2003-O-214  Authorizing the City Manager to execute a lease agreement with South Texas

Development Council for approximately 5,400 square feet constituting Building No. 1054 located at 4812 North Bartlett Avenue at the Laredo International Airport.  Lease term is for two (2) years and two (2) months commencing on June 1, 2003 and ending on July 31, 2005. Monthly rent shall be $4,248.47; providing for an effective date.  (As amended)

 

Motion to adopt Ordinance # 2003-O-214.

 

Moved:  Cm. Belmares

Second:  Cm. Garcia

For:    6                                       Against:  0                                Abstain:  0

2003-O-215  Setting the maximum speed limit on that portion of IH35 main lanes within

the City limits of Laredo, Webb County, Texas, as 60MPH, from milepoint 8.352 to milepoint 11.968 and from milepoint 0.000 to milepoint 1.917 and as 40 MPH on that portion of IH 35 frontage roads from milepoint 8.352 to milepoint 11.968 and from milepoint 0.000 to milepoint 1.904, as defined n the Texas Department of Transportation control section maps 0018-06 and 0016-05, to be in effect during reconstruction of this section of IH 35 located north of Loop 20 providing for the installation of appropriate signs to indicate speed changes in the designated areas and providing for publication and effective date.

 

Motion to adopt Ordinance # 2003-O-215.

 

Moved:  Cm. Belmares

Second:  Cm. Garcia

For:    6                                       Against:  0                                Abstain:  0

XI.       RESOLUTIONS

 

17.  2003-R-104   Accepting the donation of the “Surface Only” of a 0.0344 of an acre parcel of land, more or less, from J. Huriel Villalobos Mendoza, as a Utility Easement, for the Pueblo Nuevo Subdivision Right-of-Way and Easement Acquisition Project.  Said parcel of land being out of Lot 4, Block 10, Pueblo Nuevo Subdivision, City of Laredo, Webb County, Texas.

 

                              Motion to approve Resolution #2003-R-104.

 

                              Moved:  Cm.  Belmares

                              Second:  Cm. Garcia

                              For:    6                              Against:  0                                Abstain: 0

 

18.  2003-R-105   Accepting the donation of the “Surface Only” of a 0.1557 of an acre parcel of land, more or less, from Juventino Garcia, Sr. and Soledad Garcia, as a Utility Easement, for the Pueblo Nuevo Subdivision Right-of-Way and Easement Acquisition Project.  Said parcel of land being out of Lot 1, Block 8, Pueblo Nuevo Subdivision, City of Laredo, and Webb County, Texas.

 

                              Motion to approve Resolution #2003-R-105.

 

                              Moved:  Cm. Belmares

                              Second:  Cm. Garcia

                              For:    6                              Against:  0                                Abstain:  0

 

19.  2003-R-106   Authorizing the City Manager to enter into a license agreement with Proton Energy, LLP for the location and maintenance of a 2” gas pipeline across Ireland Street in the City of Laredo, for an annual fee of $205.00.

 

                              Motion to approve Resolution #2003-R-106.

 

                              Moved:  Cm. Belmares

                              Second:  Cm. Garcia

                              For:    6                              Against:  0                                Abstain:  0

 

XII.     MOTIONS

 

20.   A motion to set a date of September 15, 2003 to introduce an ordinance 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 for 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 approve.

 

         Moved:  Cm. Amaya

         Second:  Cm. E. Valdez, Jr.

         For:    6                                       Against:  0                                            Abstain:  0 

 

21.    Consideration for approval of the selection of a consultant Killis Almond & Associates, Inc., San Antonio, Texas, for the Convention Center Feasibility Study Project and authorization to negotiate a professional services contract. 

 

         Motion to approve.

 

         Moved:  Cm. Amaya

         Second:  Cm. E. Valdez, Jr.

         For:    6                                       Against:  0                                            Abstain: 0

 

22.    Consideration to award contract number FY03-047 to the sole bidder, Kustom Signals, Inc., Lenexa, Kansas, in the amount of $425,175.00 for the purchase of seventy-five (75) patrol vehicle video surveillance systems for the Police Department.  Funding is available in the Police Trust Fund.

 

         Motion to approve.

 

         Moved:   Cm. Amaya

         Second:   Cm. E. Valdez, Jr.

         For:    6                                       Against:  0                                            Abstain:  0 

 

23.   Consideration to award contract number FY03-110 to the low bidder, Holt Company of Texas, Laredo, Texas, in the total amount of $381,594.00 for the purchase of two replacement motor graders for the Public Works Department.  This equipment will be purchased using a total cost bid evaluation process.  The bid pricing includes provisions for a five-year maintenance contract and a guaranteed re-purchase price.  Delivery of this equipment is expected within sixty days.  Funding is available in the 1998 Contractual Obligation Fund.

 

         Motion to approve.

 

         Moved:  Cm. Amaya

         Second:  Cm. E. Valdez, Jr.

         For:    6                                       Against:  0                                            Abstain:  0 

 

24.   Consideration to award contract number FY03-107 to the low bidders meeting specifications for the purchase of safety footwear for City maintenance personnel.  Contract pricing has been secured for boot styles approved for use by City maintenance personnel.  Each department will have the option to choose the type of boot best suited for the work environment and budget allocation.  All safety footwear is purchased on an as needed basis from the respective departmental budgets.  The contract amounts are estimates based on historical usage.  Contracts are recommended for the following vendors:  Gateway Uniforms Service, Laredo, Texas, $65,000.00, Mission Western, Mission, Texas, $10,000.00, and Iron Age, San Antonio, Texas, $10,000.00.

 

         Motion to approve.

 

        

 

Moved:  Cm. Amaya

         Second:  Cm. E. Valdez, Jr.

         For:    6                                       Against:  0                                            Abstain:  0 

 

25.    Consideration to award contract number FY03-103 to the low bidder, SBC – Southwestern Bell, in the annual amount of $57,320.50, for providing an annual maintenance contract for the City's Institutional Network (I-Net) switching equipment.  This contract includes technical support, equipment replacement for defective parts, and software upgrades for all I-Net equipment purchased by the City.  The contract pricing reflects a 25% decrease from the previous contract period.  Funding is available through the respective departmental budgets.

 

         Motion to approve.

 

         Moved:  Cm. Amaya

         Second:   Cm. E. Valdez, Jr.

         For:    6                                       Against:  0                                            Abstain:  0

           

26.    Consideration for approval of the release of partial retainage of $66,505.52 from the total retainage amount of $67,505.52 from the construction contract with Marshall Company, Ltd., Corpus Christi, Texas, for the Laredo International Fire and Law Enforcement Training Facility.  An amount of $1,000.00 is being retained for completion of punch list items.  Funding is available in the Fire Training Facility Retainage Account.

 

         Motion to approve.

 

         Moved:  Cm. Amaya

         Second:  Cm. E. Valdez, Jr.

         For:    6                                       Against:  0                                            Abstain:  0 

 

27.    Consideration to award an architectural/engineering (A/E) contract in the amount not to exceed $122,225.00 to Sepulveda Associates Architects, Inc., Laredo, Texas, for Fire Station No. 14 Cielito Lindo Subdivision.  Funding is available in the 2003 CO Issue South Laredo Fire Station.

 

         Motion to approve.

        

Moved:  Cm. Amaya

         Second:  Cm. E. Valdez, Jr.

         For:    6                                       Against:  0                                            Abstain:  0 

 

28.    Consideration to authorize the City Manager to renew professional services agreement with RWL Group, Inc., to provide employee benefit services to the City of Laredo for period of twelve months to commence on October 1, 2003 and to conclude on September 30, 2004.  Funding is subject to FY 2003-2004 appropriations.

 

         Motion to approve.

 

        

Moved:  Cm. Amaya

         Second:  Cm. E. Valdez, Jr.

         For:    6                                       Against:  0                                            Abstain:  0 

 

29.    Consideration to authorize the City Manager to renew the existing contract with RWL Group, Inc., and the City of Laredo for a period of twelve months  by providing risk management with property and liability insurance consulting services and authorizing the City Manager to execute a retainer documents.  Funding is subject to FY 2003-2004 appropriations.

 

Motion to approve.

 

         Moved:  Cm. Amaya

         Second:  Cm. E. Valdez, Jr.

         For:    6                                       Against:  0                                            Abstain:  0 

 

30.    Authorizing the City Manager to award a contract to Carter & Burgess, Inc., for professional services in the amount of $26,762.00 for a traffic impact analysis for the installation of a new traffic signal at the intersection of San Francisco and Lafayette Street (US 59).

 

         Motion to approve.

 

         Moved:  Cm. Amaya

         Second:  Cm. E. Valdez, Jr.

         For:    6                                       Against: 0                                             Abstain:  0 

 

31.    Consideration to approve the selection of consultant Kimely Horn  & Associates for the intelligent transportation plan for the City of Laredo and to authorize staff to negotiate a professional services contract with the selected consultant.

 

         Motion to approve.

 

         Moved:  Cm. Amaya

         Second:  Cm. E. Valdez, Jr.

         For:    6                                       Against:  0                                            Abstain:  0 

 

32.    Authorizing the award of FY 2001 HOME Investment Partnership Program (HOME), Community Housing Development Organization (CHDO) set aside funds in the amount of $226,200.00 to Metro Affordable Housing Corporation to be utilized for the acquisition, design, and construction costs for Phase I of a four family dwelling transitional housing development, and further authorizing the City Manager to execute all documents.

 

         Motion to approve.

 

         Moved:  Cm. Amaya

         Second:  Cm. E. Valdez, Jr.

         For:    6                                       Against:  0                                            Abstain:  0 

 

33.    Consideration to award a construction contract to the lowest bidder, Triple A Concrete, Inc., Laredo, Texas, in the bid amount of $121,579.20 for the CDBG Sidewalks City Wide Project No. 24 (30 blocks).  Funding is available in the  28th Action Year School Sidewalks.

 

         Motion to approve.

 

         Moved:  Cm. Amaya

         Second:  Cm. E. Valdez, Jr.

         For:    6                                       Against:  0                                            Abstain:  0 

 

34.    Ratification of authorization for the City Manager to execute a memorandum of cooperation to disburse funds for services approved by Ordinances 2003-O-157 and 2003-0-140 for the enhancement of the Bi-national Border project specifically for communication, surveillance and vector control public health activities.  The project is a cooperative agreement between the Centers for Disease Control and Prevention (CDC) and the Texas Department of Health (TDH) with the City of Laredo Health Department and the “Secretarias De Salud” of the four Mexican border states of Nuevo Leon, Tamaulipas, Coahuila, and Chihuahua through the United States-Mexico Border Health Commission, as follows:  Nuevo Leon:  $18,360.99, Tamaulipas:  $37,674.85, Coahuila:  $42,450.67, and Chihuahua:  $32,515.03. 

 

Motion to approve.

 

         Moved:  Cm. Amaya

         Second:  Cm. E. Valdez, Jr.

         For:    6                                       Against:  0                                            Abstain:  0 

 

XIII.    STAFF REPORTS

           

35.    Legislative Report on the Seventy-Eighth Texas Legislative Session by Legislative Consultants, including new and amended State laws.

 

         Rene Gonzalez made a brief presentation before the City Council.  He stated that there was a report issued by the Comptrollers Office stating that even though taxes were not increased we have seen certain fees increase such as the Municipal Court fees and Texas Parks and Wildlife fees.  He reported that during the session, there were 3,160 senate bills filed and 6,072 house bills filed.  He added that there will be an election on September 13th out of those amendments that came out of those resolutions. 

 

         Andrea McWilliams, Legislative Consultant, reported that at the last legislative session over 754 laws went into effect.  Primarily, there were a number of budget cuts especially as it relates to health and human services.  She stated that the state budget is in dire circumstances and only the interim will tell what will happen.  She mentioned some of the highlights from this legislative session which include: significant homeowners insurance reform, universities being given the authority to deregulate tuition, the increase in vehicle title fees, the new reporting requirements for elected officials, as well as the power ball becoming a part now of the Texas Lottery.  She mentioned the 9-1-1 system in Laredo.  House bill 3491 will allow an anchor county within a 9-1-1 region to have flexibility in the way cities can spend the surcharges and fees collected by the 9-1-1 district and should relieve the City financially to some extent.  The other item related to 9-1-1 is to allow the City of Laredo to administer the 9-1-1- system.  The region currently comprises Zapata, Webb, Starr, and Jim Hogg counties.  She mentioned that there are problems with this structure and that is the reason for the proposed change. 

 

         Mario Martinez, Legislative Consultant, covered other pieces of legislation that they were involved in on behalf of the City Council.  There was some language within the RMA legislation that passed that pertained to giving the respective RMA authority to condemn the condemnation authority to take over bridges which would have been a significant impact to the city.  Due to express concern by the Mayor and the City Manager, they visited with and provided input to the Chairman of the committee.  He mentioned that they were able to impact that legislation and the Chairman was very receptive to having some language removed. 

 

         Bob Strauser, of Baker Botts, L.L.P., reported that he will be involved in the ongoing studies that will lead to an April special session on education and financing alternatives.  The State would like to reduce the school tax rate from $1.50 to $0.75 if they can do so.  He mentioned the RMA legislation and the opportunities for City interests to be protected and he urged the City to become active in the process. 

 

                     Cm. E. Valdez, Jr. inquired whether the State is looking at creating a formula to provide free education to children that cross our borders. 

 

                     Bob Strauser, of Baker Botts, L.L.P., mentioned that there are committees reviewing these funding alternatives and those special needs along the border region. 

 

                     Larry Dovalina, City Manager, stated that this is the second legislative session in which the City has put together a program.   He added that this has perhaps been the most successful one, and this is due to the City putting together a plan and working together with the legislative committee. 

 

XIV.    EXECUTIVE SESSION

 

The City Council hereby reserves the right to go into executive session at any time during this public meeting, if such is requested by the City Attorney or other legal counsel for the City, pursuant to his or her duty under Section 551.071(2) of the Government Code, to consult privately with his or her client on an item on the agenda, or on a matter arising out of such item.

 

36.   Request for Executive Session pursuant to Texas Government Code Section 551.072 in order to deliberate on the value of, and the possible purchase of, real property near the Laredo International Airport, because deliberation in an open meeting would have a detrimental effect on the position of the City Council in negotiations with third persons; and return to open session for possible action.

 

         Motion to go into Executive Session pursuant to Texas Government Code Section 551.072 in order to deliberate on the value of, and the possible purchase of, real property near the Laredo International Airport, because deliberation in an open meeting would have a detrimental effect on the position of the City Council in negotiations with third persons; and return to open session for possible action.

 

         Moved:  Cm. Agredano

         Second:  Cm. Amaya

         For:     6                                      Against:  0                                Abstain: 0

        

         After Executive Session, Mayor Flores announced that no formal action was taken.

 

         Motion to authorize the City Manager to negotiate the value for purpose of acquiring an approximate 65.78 acre tract located adjacent to the Laredo International Airport. 

 

         Moved:  Cm. E. Valdez, Jr. 

         Second:  Cm. Amaya

         For:    6                                       Against:  0                                Abstain:  0

        

37.    Request for Executive Session pursuant to Texas Government Code Section 551.072 in order to deliberate on the value of, and the possible purchase of, real property located in North Laredo, east of IH35, because deliberation in an open meeting would have detrimental effect on the position of the City Council in negotiations with third persons; and return to open session for possible action.

 

         Motion to go into Executive Session pursuant to Texas Government Code Section 551.072 in order to deliberate on the value of, and the possible purchase of, real property located in North Laredo, east of IH35, because deliberation in an open meeting would have detrimental effect on the position of the City Council in negotiations with third persons; and return to open session for possible action.

 

         Moved:  Cm. Agredano

         Second:  Cm. Amaya

         For:     6                                                  Against:   0                               Abstain:  0

        

         After Executive Session, Mayor Flores announced that no formal action was taken.

 

38.    Request for Executive Session pursuant to Texas Government Code Section 551.072 in order to deliberate on the value of, and the possible purchase of, real property near the Central Business District, because deliberation in an open meeting would have detrimental effect on the position of the City Council in negotiations with third persons; and return to open session for possible action.

 

         Motion to go into Executive Session pursuant to Texas Government Code Section 551.072 in order to deliberate on the value of, and the possible purchase of, real property near the Central Business District, because deliberation in an open meeting would have detrimental effect on the position of the City Council in negotiations with third persons; and return to open session for possible action.

        

         Moved:  Cm. Agredano

         Second:  Cm. Amaya

         For:    6                                                   Against:  0                                Abstain:  0 

        

         After Executive Session, Mayor Flores announced that no formal action was taken.

 

         Motion to authorize the City Manager to proceed with the acquisition of Lot 1, Block 162, Western Division, for a sum not to exceed $110,000.

 

         Moved:  Cm. Ramirez

         Second:  Cm. Agredano

         For:    6                                                   Against:  0                                Abstain:  0

 

39.    Request for Executive Session pursuant to Texas Government Code  551.071 (1) (A) to consult with City Attorney regarding contemplated litigation regarding the proposed landfill located on Highway 359, and return to open session for possible action.

 

         Motion to go into Executive Session pursuant to Texas Government Code  551.071 (1) (A) to consult with City Attorney regarding contemplated litigation regarding the proposed landfill located on Highway 359, and return to open session for possible action.

 

         Moved:  Cm. Agredano

         Second:  Cm. Amaya

         For:     5                                                  Against:  0                                Abstain:  1

                                                                                                                        Cm. Garcia 

        

         Mayor Flores excused herself from discussion at this Executive Session.  She filed an Affidavit of Recusal due to her husband’s ownership of substantial interest. 

 

         After Executive Session, Mayor Flores announced that no formal action was taken.

 

XV.      ADJOURNMENT

 

CITY COUNCIL MEETING

M-2003-S-12

CITY COUNCIL CHAMBERS

1110 HOUSTON STREET

LAREDO, TEXAS 78040

SEPTEMBER 2, 2003

5:30 P.M.

 

SUPPLEMENTAL AGENDA

 

 

I.                   PUBLIC HEARING

 

1.           Public hearing and introductory ordinance to adopt the annual budget for fiscal year 2003-2004; appropriating the estimated revenues, expenditures and balances reported therein for the year beginning October 1, 2003 and ending September 30, 2004, consistent with the financial plan described in said annual budget; and authorizing the City Manager to implement said annual budget.

 

    Motion to open the public hearing.

 

Moved:  Cm. Belmares

Second:  Cm. E. Valdez, Jr.

For:    6                                            Against:  0                                       Abstain:  0

 

There was no public input.

 

    Motion to close the public hearing and introduce.

 

Moved:  Cm. Belmares

Second:  Cm. Agredano

For:    6                                           Against:  0                                        Abstain:  0

 

Ordinance Introduction: City Council

 

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:    6                                           Against:  0                                        Against:  0

 

Larry Dovalina, City Manager, explained that the reason the motion is being introduced as part of the estimated revenues and expenditures is because it was not originally listed in the budget submitted.  He stated that as a result it is a motion inclusive in adding the item to the budget as a direct result of the budget workshop.

 

II.                RESOLUTIONS

 

2.  2003-R-115     Concerning the commencement of renewal proceedings under the Federal Cable Communications Policy Act of 1984, as amended.

 

Motion to adopt Resolution # 2003-R-115.

 

Moved:  Cm. Belmares

Second:  Cm. Agredano

For:    6                                 Against:  0                                Abstain:  0 

 

III.             EXECUTIVE SESSION

 

The City Council hereby reserves the right to go into executive session at any time during this public meeting, if such is requested by the City Attorney or other legal counsel for the City, pursuant to his or her duty under Section 551.071(2) of the Government Code, to consult privately with his or her client on an item on the agenda, or on a matter arising out of such item.

 

 

 

IV.              ADJOURNMENT

 

             Motion to adjourn.                                                                              Time:  9:37 p.m.

 

             Moved:  Cm. Amaya

             Second:  Cm. Ramirez

             For:    6                                                    Against:  0                                       Abstain: 0

 

 

I, Gustavo Guevara, Jr., City Secretary, do hereby certify that the above minutes contained in pages 01 through 24 are true, correct, and complete proceedings of the City Council meeting held on September 2, 2003.

 

                                                                                                _______________________________

                                                                                                Gustavo Guevara, Jr.

                                                      City Secretary