CITY OF LAREDO
CITY COUNCIL WORKSHOP
M98-W-30
July 29, 1998
4:00 P.M.
MINUTES
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 COUNCILMEMBER, DISTRICT I
JOHN C. GALO " , DISTRICT III
CECILIA MAY MORENO " , DISTRICT IV
ELISEO VALDEZ, " , DISTRICT V
JOE A. GUERRA, " , DISTRICT VI
GUSTAVO GUEVARA, JR., CITY SECRETARY
FLORENCIO PENA, III, CITY MANAGER
JAIME L. FLORES, CITY ATTORNEY
ABSENCES:
Motion to excuse Cm. Bruni, Cm. Alvarado, and Cw. Montalvo.
Moved : Cw. Valdez
Second: Cm. Guerra
For: 4 Against: 0 Abstain: 0
Cw. Moreno came in at 5:00 P.M.
IV. Public Hearing to receive comments on Legislative proposals from
City staff and the general public to be presented to the 76th
State Legislature with possible action.
The Legislative suggestions from city staff were as follows:
1 - Texas Border Infrastructure Committee (BIC);
2 - Regional Weather Modification Program;
3 - Agriculture Water and efficiency improvements;
4 - Amending Landfill Regulations to allow cities to deal with
the financial burden of mandates;
5 - 911 Service Legislation creating districts or expansion of
eligibility of services;
6 - State funding of primary commercial airports;
7 - Change or amend state law to allow cities to donate property
or assets for projects which are in the public interest;
8 - Legislation protecting and strengthening city's regulatory
authority relating to annexation, extraterritorial jurisdic-
tion, alcoholic sales and consumption, pawn shops, group
homes, manufactured housing, highway logo signs, and
property takings;
9 - Opposing any new State court fees;
10 - Public Safety financial responsibility, including the
possible confiscation of vehicles in violation;
11 - Future development of Casa Blanca State Park by Texas Parks
and Wildlife;
12 - Traffic enforcements by video;
13 - Environmental Inspectors be given authority to enforce state
issues;
14 - Legislation allowing County Clerks to require an affidavit
of compliance with municipal subdivision requirements for
filling of a deed and holding the County Clerk accountable
for the recording of illegal conveyances;
15 - Opposing legislation that would diminish a city's authority
to review and take action on subdivision plats; and
16 - State law that allows the detention of juveniles for
violation of the law and failure to stop and render aid.
Mayor Flores opened the meeting stating that the purpose of this
workshop was to receive comments from the Council, Department
Heads, and the general public.
Larry Dovalina, Assistant City Manager, introduced Mario
Martinez, Bob Strauser, and Judy Roach as the legislative team
helping the City of Laredo through the process. He further
informed Council that staff had met and discussed issues that
need to be brought up at the legislative level, adding that they
had agreed that these particular issues are not being addressed
by the associations that the city is a part of.
Mr. Dovalina then stated that Florencio Pena, City Manager and
Horacio De Leon, Assistant to the City Manager, had worked with
the Border Infrastructure Committee to bring about the
information that is to be presented at this meeting.
TEXAS BORDER INFRASTRUCTURE COMMITTEE
Dr. Hector Farias, Ph.D., President of Texas Mexican Border
Infrastructure Trade Association, stated that of utmost concern
is the need to address infrastructure, transportation, and
education because these are the driving forces of the BIC
(Border Infrastructure Committee). The other major need is the
development of a rail policy for the State of Texas. Dr. Farias
urged Council to get involved, specifically to work at getting
funded for these particular needs.
Florencio Pena, City Manager, reported that the Border
Infrastructure Committee is in the preliminary stages and that
at the meeting that was held in Austin on July 9, 1998, three
sub-committees were formed. The first sub-committee is to
address transportation projects, the second to address
employment, and the third to put together a formula to allocate
supplemental funds from state level. He informed Council that
he had been named to be part of the third committee.
Mr. Pena then stated that together with Horacio De Leon,
they had put together a five point criteria for allocating
supplemental funds:
1. population
2. border crossing volume
3. shipping tonnage
4. existing lane miles
5. safety
He added that sub-committees are to bring back a report to the
next scheduled meeting in Austin on Thursday, August 6.
Mayor Flores stated that it is of utmost importance to have more
representation at these meetings. She then read a list of
participants which included Senator Eddie Lucio, Senator Eliot
Shapleigh, and the legislative consultants that represent
Laredo. Also, she made note of the cities participating and
their representatives. Mayor Flores then instructed Mr. Pena to
have people from the private sector, such as tansportation,
become involved and be part of the core committee.
Tom Wade, Transportation Association President, stated that the
Border Infrastructure Committee is very intriguing. He asked
that someone make Mr. John Sharp aware of the fact that the
border does not include San Antonio and that border infra-
structure funding should be made available for Laredo being
that it is the border to Mexico.
Mr. Wade informed Council of the Border Trade Alliance of which
Mr. Dan Hastings is a member. He added that BTA did a lot of
lobbying in Austin so he suggested that Council and Mr. Pena
contact Mr. Hastings and request that he be part of the Border
Infrastructure Committee.
He continued to say that he had been present at the Metropolitan
Planning Organization (MPO) meeting and that the 12 issues
discussed are very important and in need of legislative
attention.
Mr. Wade then requested that Council look into the overlapping
of inspections as trucks are being weighed three times at
different weigh stations within a three county span. Mayor
Flores assured Mr. Wade that the issue would certainly be
addressed.
John Adams, President of the Manufacturing Association and Past
Chairman of the Infrastructure Committee of the Border Trade
Alliance, stated that he had attended some meetings in San
Antonio, and issues of exporting and shipping to Mexico were
discussed. He further stated that he had asked what port was
being used for their crossings and they informed him that they
came through Laredo. Mr. Adams concurred with Mr. Wade
regarding the fact that the border should be clearly defined for
those that are under the impression that San Antonio is part of
the border.
Mr. Adams stated that there is no need for more committees but
perhaps a clearinghouse to do a master list of all the
organizations that are dealing with border issues.
Mr. Wade concurred with Mr. Adams and added that along with the
listing of organizations that it also include a roster of
membership.
REGIONAL WEATHER MODIFICATION PROGRAM
Fernando Roman, Utilities Director, stated that the purpose
of trying to get legislative support on this issue is that a
weather modification program is being presented by the Texas
Water Development Board as an alternative to enhance the amount
of water that is available for irrigation and ranching.
Florencio Pena, City Manager, asked Mr. Roman for clarification
on the issue--is Laredo to take the lead as a city and convince
state representatives to draw up a bill that will provide water
modification for the Rio Grande Basin?
Mr. Roman told Mr. Pena that he was correct.
AGRICULTURE WATER AND EFFICIENCY IMPROVEMENTS
On the Acquisition of Water Rights--the only reliable source is
the Rio Grande. Of the 1.2 million acre feet of water that
flow through the river annually, 89% is used for agriculture and
11% is used by municipalities.
His recommendation is that if a comparison is made on
efficiency, and if 10% of our water is saved, based on the
ratios, the water supply in the river gets augmented by 1%. If
agriculture improves 10% efficiency, then the river is augmented
by 9%. By the year 2050, 75% will be agricultural and 25% will
be municipalities.
AMENDING LANDFILL REGULATIONS TO ALLOW CITIES TO DEAL WITH THE
FINANCIAL BURDEN OF MANDATES
Joe Guerra, Public Works Director, informed Council that a fee
of $300,000, at a rate of $1.25 per ton is paid to the state
for an annual inspection of the landfill.
Mr. Guerra suggested that instead of paying the state this
$300,000, why not keep the money in a surplus so the landfill
can be closed.
Cm. Valdez stated that to be available to pay for the state
mandated fee, fees should be charged for dumping at the local
landfill.
Ed Woodruff, Vice President of Support Services with Mercy
Regional Medical Center, stated that his concern was item #7 of
the legislative suggestions and that a classic example of this
particular issue is what is happening with the University of
Texas Health Science Center and the land that they would be
leasing from the city. He further stated that other research or
non-profit organizations would benefit from Laredo's resources
but are held back due to high cost of land. He added that
should this ordinance pass through Legislature it would make
this land available to bring in organizations that would benefit
the health and welfare of this community.
Mayor Flores asked Mr. Woodruff if he supported the issue?
Mr. Woodruff stated that he supports it highly and so does Mercy
Regional Medical Center.
Larry Dovalina, Assistant City Manager, continued to address
this issue of the landfill and stated that a new law was passed
in October of 1997 concerning landfill regulations. In the past
TNRCC would work with cities when they were in violation and
would attempt to work at resolving certain problems. The new
regulations that were adopted allow for zero tolerance. Now, a
city is given a citation and allow a certain time to comply with
the regulation.
Mr. Dovalina continued to explain that TNRCC does not take into
account the border growth and the problems associated with the
colonias. The monies that are given out by the TX Water
Development Board to fund the water and sewer developments along
the colonias, which develop outside the city limits, use the
city's resources because it is the only landfill in the county.
He further explained that the request to amend the law is to
have them consider the border growth because what is seen as a
problem in the operation of the landfill is really unfunded
mandates that taxpayers in this community are paying for.
911 SERVICE LEGISLATION CREATING DISTRICTS OR EXPANSION OF
ELIGIBILITY OF SERVICES
Larry Dovalina, Assistant City Manager, stated that there are
two different ways of dealing with the 911 service in the state.
One is the 911 District and the other is the 911 operation
through a COG.
The 911 District has more flexibility into what 911 funds can be
used for and allow for other things that are restricted by being
classified into a COG 911. In a COG structure the cities and
urban population subsidize the rural operation.
Our local 911 operations are not as efficient or up to date as
it should be because we are not receiving the bulk of the funds
that are generated by the community.
STATE FUNDING OF PRIMARY COMMERCIAL AIRPORTS
Jose Flores, Airport Director, stated that the objective is to
secure funding from state level for commercial service airports,
airports like Laredo that have activity of 10,000 plus
passengers per year.
Of the 370 airports in the state 270 are eligible for funding.
State funds are available for general aviation airports which
are those airports that have activity of less than 10,000
passengers per year.
Since the state collects approximately $26 million in aviation
sales tax and franchise fees we are proposing that since this
tax is already being collected, it should be directed for
airport development and primary airports.
CHANGE OR AMEND STATE LAW TO ALLOW CITIES TO DONATE PROPERTY OR
ASSETS FOR PROJECTS WHICH ARE IN THE PUBLIC INTEREST
Florencio Pena, City Manager, stated that provisions in state
law do not allow cities to donate property to other entities.
One example of this is as Mr. Woodruff from Mercy Hospital
stated on the University of Texas Health Science Center.
Mr. Pena continued to explain that this is a legislative issue
that should be pursued. He further added that should there be a
need for public purpose the city may be allowed to donate to a
non-profit organization.
Erasmo Villarreal, Asst. Community Development Director, stated
that the language should be incorporated to include the word
exchange stating that the city would be allowed to exchange
property if there is a public need.
ANNEXATION, ETJ, ALCOHOLIC SALES AND CONSUMPTION, PAWN SHOPS,
GROUP HOMES, MANUFACTURED HOUSING, HIGHWAY LOGO SIGNS, AND
PROPERTY TAKINGS
Nina Nixon Mendez, from the Planning Department, said that they
emphasize the need to protect the city's authority to annex; to
review subdivision plats within the ETJ; and retain the
regulatory authority over alcoholic sales and consumption.
She continued to report that there are certain provisions over
pawn shops in the local government code in which the city cannot
impose certain restrictions.
Mrs. Mendez further stated that group homes, manufactured
housing, and highway logo signs will continue with the exemption
of local government from the property takings legislation. The
city will be in an advantageous position if it were applicable
to the takings legislation that would invite the concept of
compensation on issue of Zoning and Planning.
Cm. Guerra requested information on city cemetery plots that are
owned by defunct fraternal organizations and if the city were to
get enabling legislation to take possession of these plots?
Mrs. Nixon stated that there is a mechanism by which we can in
our research determine if they are in existence. One provision
in recent legislation in HB 815 which conserves graves and head
stones.
Cm. Guerra once again asked Mrs. Mendez if it was possible to
take possession of these parcels without any further legislation
being enacted?
Mrs. Mendez explained that in the cases where it is determined
that the fraternal organizations no longer exist, there are
certain ways that the city can handle it.
OPPOSING ANY NEW STATE COURT FEES
Larry Dovalina, Assistant City Manager reported that Municipal
Court fees are currently being raised by the state so we have
established a certain fee structure. What is happening is that
city fees are being used for state operations with less coming
to the city because as the state fees are increased it decreases
the fee that is paid to the city with no off set.
PUBLIC SAFETY FINANCIAL RESPONSIBILITY
Eliodoro Granados, Assistant Chief of Police, informed Council
that current law states that a court order from a magistrate is
needed to impound a vehicle that has been involved in an
accident and does not have insurance.
We are requesting that the law be modified to make it possible
for an officer to enforce the impoundment.
FUTURE DEVELOPMENT OF CASA BLANCA STATE PARK BY TEXAS PARKS AND
WILDLIFE
Larry Dovalina, Assistant City Manager, stated that we need to
get more funding for beautification of the lake. We feel that
not enough has been done considering the revenues that are being
generated. In discussing this with the Birding Committee we are
trying to see if the resources that are available are protected
to encourage nature tourism.
TRAFFIC ENFORCEMENT BY VIDEO
Larry Dovalina, Assistant City Manager, stated that the city is
capable of doing this now as there are fiber optic lines that
belong to the city which could be transmitting video back to the
police station.
Agustin Dovalina, Chief of Police, stated that should this law
be passed at state level it would certainly help locally in
citing drivers that are often disregarding traffic laws.
ENVIRONMENTAL INSPECTORS BE GIVEN AUTHORITY TO ENFORCE STATE
ISSUES
Riazul Mia, Environmental Manager, stated that we do not have
any environmental laws in Laredo but that there is a state law
but local inspectors cannot enforce it. He further explained
that because we are held responsible for all illegal dumping we
should work at getting some provision or ordinance that would
assist us in enforcing these state laws.
Cm. Galo asked if state law can be mimicked to provide an
ordinance to enforce local environmental law?
Jaime Flores, City Attorney, stated that it is an issue to see
to what extent the state statute allows enforcement that the
city would be able to follow.
Mr. Pena stated that we should put it this issue on fast track
at the local level instead of seeking state legislation.
LEGISLATION ALLOWING COUNTY CLERKS TO REQUIRE AN AFFIDAVIT OF
COMPLIANCE WITH MUNICIPAL SUBDIVISION REQUIREMENTS FOR FILING OF
A DEED AND HOLDING THE COUNTY CLERK ACCOUNTABLE FOR THE
RECORDING OF ILLEGAL CONVEYANCES
Nina Nixon Mendez, with the Planning Department, stated that
currently there is no legislation that prevents a deed from
being filed for a subdivision that has not been platted.
Legislation is warranted which will allow the county clerk to
require an affidavit of compliance with our subdivision
requirements in the process of filing the deed.
OPPOSING LEGISLATION THAT WOULD DIMINISH A CITY'S AUTHORITY TO
REVIEW AND TAKE ACTION ON SUBDIVISION PLATS
Nina Nixon Mendez. with the Planning Department, reported that
this concerns the review of subdivision plats within the ETJ so
we oppose legislation that will diminish our authority to do so.
In particular Section 212.4 of the local government code since
it provides for an exemption for the subdivision of land greater
than 5 acres.
STATE LAW THAT ALLOWS THE DETENTION OF JUVENILES FOR VIOLATIONS
OF THE LAW AND FAILURE TO STOP AND RENDER AID
Eliodoro Granados, Assistant Chief of Police, reported that this
law has already been changed and that juveniles can now be
arrested.
Mayor Flores asked if Council has any desire to support anything
that would strengthen the Housing Trust Fund for the State of
Texas because the state on its own does not provide any state
funds for housing? Funds that are provided for low income
housing are federal.
She further stated that it would be good for the State of Texas
to increase the funding for the Housing Trust Fund in order to
provide assistance to those families that sometimes do not
qualify for affordable housing because of the laws being so
restrictive.
Mayor Flores continued to inform Council that the Legislative
Liaison Committee should consider the issue of education and
would like our local education institutions to consider a strong
educational agenda for our children so she requested that
Council support this issue as well.
Janice Weber, Librarian, reported that appropriation bids will
go before the Senate in reference to education. She further
stated that The Read For Your Life Program generates $1 to $2
million in actual dollars to provide programming for books and
materials. Mrs. Weber felt that stronger penal laws for theft
of books should be sought as the library tends to loose 15% of
its collection.
Cm. Joe Guerra spoke of his concerns of pollution and
contamination of our only source of drinking water which is the
Rio Grande.
Mayor Flores stated that she knew that Florencio Pena, City
Manager worked very hard at getting water to be protected as our
drinking source to be an issue with the Border Infrastructure
Committee but he was told that there are a lot of other
communities working on it already. I would encourage this
Council to take a stand on the Sierra Blanca Dump Site because
if one reads the opponents report of the dump site, they say it
will not happen but if one reads the proponents report, they say
it will happen.
Cm. Guerra further informed Council of his concerns on the
tuberculosis eradication because there are some kinds of TB that
are resistant to all types of medication. Also, this Council
needs to work with our neighbors in Nuevo Laredo, Mexico with
the expansion of their water treatment plant in order for them
not to drop raw sewage into the river.
Mayor Flores stated that even though Laredo's health department
is making sure that our children get immunized we are not sure
if the 600,000 people on the Mexico side are being immunized;
therefore this is an issue of utmost concern and should be
addressed.
V. ADJOURNMENT
Motion to adjourn.
Moved : Cm. Guerra
Second: Cm. Valdez
For: 5 Against: 0 Abstain: 0
Adjournment time: 6:43 P.M.
I HEREBY CERTIFY THAT THE ABOVE MINUTES CONTAINED IN PAGES 01 TO
11 ARE TRUE, COMPLETE, AND CORRECT PROCEEDINGS OF THE CITY
COUNCIL WORKSHOP WITH THE CITY'S LEGISLATIVE CONSULTANT HELD ON
JULY 29, 1998. A CERTIFIED COPY OF THESE MINUTES IS ON FILE AT
THE CITY SECRETARY'S OFFICE.
________________________
GUSTAVO GUEVARA, JR.
CITY SECRETARY