HomeMy WebLinkAboutMinutes - City Council - Special - 8/30/2007CITY OF LUBBOCK
SPECIAL CITY COUNCIL MEETING
AUGUST 30, 2007
7:30 A. M.
The City Council of the City of Lubbock, Texas met in special session on the 30th day
of August, 2007, in the City Council Chambers, first floor, City Hall, 1625 13th
Street, Lubbock, Texas at 7:30 A. M.
7:30 A .M. CITY COUNCIL CONVENED
City Council Chambers, 1625 13th Street, Lubbock, Texas
Present: Mayor David A. Miller, Mayor Pro Tern Jim Gilbreath, Council
Member Linda DeLeon, Council Member Phyllis Jones, Council
Member Todd R. Klein, Council Member John Leonard, Council
Member Floyd Price
Absent: No one
1. EXECUTIVE SESSION was considered following Item 2.7
2. REGULAR AGENDA
2.1. Budget Public Hearing - 7:30 a.m.: Hold a public hearing on the proposed
FY 2007-08 Operating Budget and Capital Program.
Mayor Miller opened the public hearing at 7:30 a. m. Bo Harris, Debby Roddy,
Bob Terrell, Emilio Abeyta, Mary Guetersloh, Isaac Garnett, Robert Jetter,
Iresima Velasquez, Freddy Green, Jr., Gertie Jeter, Carol Keeney, Thomas
Harris, April Cobb, Jim Phiffer, Merle Blosser, Chris Moore, and Robert
Moreno appeared to address the proposed FY 2007-08 Operating Budget and
Capital Program. Mayor Miller closed the hearing at 8:59 a. m.
Maria Rosas appeared before Council to inform them that she has been without
running water at her place of residence for over a year, and to request assistance
from the City in getting water to her residence. City Manager Lee Ann
Dumbauld informed Council that staff is working with Ms. Rosas to help solve
her problem. Tom Adams, Deputy City Manager/Water Utilities Director, and
Nancy Haney, Executive Director of Community Services, gave comments and
answered questions regarding Ms. Rosas' water problem.
A public hearing concerning the FY 2007-08 Operating Budget, and Capital
Program has been posted and notices have been published as required by state
law to allow citizens an opportunity to comment.
The budget is on file with the City Secretary's Office as required by state law,
and was filed on July 26, 2007.
The proposed budget complies with all legal requirements and all mandatory
notices have been published.
FISCAL IMPACT
Public hearings have no fiscal impact.
2.2. Tax Rate Public Hearing - 7:30 a.m.: Hold a public hearing on a proposal
to increase total tax revenues from properties on the tax roll in the
preceding tax year by 3.41% (percentage by which the proposed tax rate
exceeds the effective tax rate calculated under Chapter 26, Tax Code).
Mayor Miller opened the public hearing at 7:30 a. m. Karl Bagwell appeared to
address the proposed tax rate. Mayor Miller closed the hearing at 8:59 a. m.
A public hearing, concerning the proposed tax rate, has been posted and notices
have been published as required by state law to allow taxpayers an opportunity
to comment.
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Special City Council Meeting
August 30, 2007
A property tax rate decrease of $0.00694 is proposed, reducing the property tax
from $0.46199 to $0.45505 per $100 valuation. The tax rate is distributed as
follows:
General Fund Maintenance and Operations $0.3538
Debt Service
$0.07125
Economic Development
$0.03000
FISCAL IMPACT
Public hearings have no fiscal impact.
2.3. This item was considered following Council reconvening at 10:20 a.m.
2.4. This item was considered following Item 2.3.
2.5. Lease Agreement Resolution - Parks and Recreation: Resolution No. 2007-
R0405 authorizing the Mayor to execute a lease agreement with Tech
Hockey to use the City Bank Municipal Coliseum to conduct ice hockey
games, practices, recreational ice programs, and hockey camps.
RESOLUTION NO. 2007-R0405
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock, or his designee, BE and is hereby
authorized and directed to execute for and on behalf of the City of Lubbock a Lease
Agreement with Tech Hockey Club, and any associated documents. Said Lease
Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein
and shall be included in the minutes of the Council.
Passed by the City Council this 30th day of August, 2008.
/s/ Tom Martin
TOM MARTIN, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Is/ Freddy Chavez
Freddy Chavez, Civic Services Director
APPROVED AS TO FORM:
/s/ Mitchell Satterwhite
Mitchell Satterwhite, Assistant City Attorney
The agreement outlines the terms and conditions for use of the City Bank
Municipal Coliseum by the Tech Hockey Club (Tech Hockey) for the purpose
of providing ice hockey games and other events. The term of this agreement
shall be for a period of one season, September 2007 through February 2008,
with an option to renew up to two additional seasons. Tech Hockey will pay a
season rent of $40,000 for use of the facility to host college ice hockey games.
Tech Hockey may use the facility, when available, for other ice activities at no
cost. Tech Hockey will be responsible for the installation of ice plant equipment
and electric utilities required for operating and maintaining the ice during the
term of this agreement.
General Operating Policies and Procedures, Exhibit A, is available in
Administrative Office of the Lubbock Memorial Civic Center.
FISCAL IMPACT
The rental agreement will generate an additional $40,000 of revenue to the
Civic Centers enterprise fund.
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Special City Council Meeting
August 30, 2007
Staff recommended approval of this resolution.
Scott Snider, Assistant City Manager; Freddy Chavez, Civic Services Director;
and Lee Ann Dumbauld, City Manager, gave comments and answered
questions from Council. Paul Fiaroni, Mike Goicoechea, and J.P. Pruneau,
representatives of Texas Tech Hockey organization, were present to give
comments and answer questions from Council.
Consensus from Council was to amend the contract by having the Texas Tech
Hockey organization make their rental payments on the first day of the month,
instead of the last day of the month.
Motion was made by Council Member DeLeon, seconded by Council Member
Price to pass Resolution No. 2007-R0405 with an amendment to have the rental
payments due the first day of the month, instead of the last day. Motion
carried: 7 Ayes, 0 Nays.
2.6. Termination of Lease Agreement Resolution - Right -of -Way: Resolution
No. 2007-R0406 authorizing the Mayor to execute a Termination of Lease
Agreement between the City of Lubbock and Market Lubbock Economic
Development Corporation for the Federal Aviation Administration
Hangar, located at 310 East Edinboro Street.
RESOLUTION NO. 2007-R0406
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed
to execute for and on behalf of the City of Lubbock, a Termination of Lease Agreement by
and between the City of Lubbock and Market Lubbock Economic Development
Corporation, and all related documents. Said Termination of Lease Agreement is attached
hereto and incorporated in this Resolution as if fully set forth herein and shall be included
in the minutes of the Council.
Passed by the City Council this 30`h day of August, 2007.
/s/ David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ James Loomis
James Loomis
Assistant City Manager/Transportation and Public Works
/s/ Rob Allison
Rob Allison
Assistant City Manager/Development Services
APPROVED AS TO FORM:
/s/ Richard K. Casner
Richard K. Casner
First Assistant City Attorney
The City of Lubbock contracted to construct a sewer line from the west side of
Lubbock Preston Smith International Airport to cross F.M. 1294 to Lubbock
Economic Development Association's (LEDA) Rail Port Business Park. LEDA
is responsible for the funding of this contract. The City is receiving the Federal
Aviation Administration hangar as credit toward the funding, and this
resolution terminates the agreement for the lease of the hangar to the City.
FISCAL IMPACT
No fiscal impact.
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Special City Council Meeting
August 30, 2007
Staff recommended approval.
Rob Allison, Assistant City Manager, gave comments and answered questions
from Council.
Motion was made by Mayor Pro Tern Gilbreath, seconded by Council Member
Jones to pass Resolution No. 2007-R0406 as recommended by staff. Motion
carried: 7 Ayes, 0 Nays.
2.7. Bill of Sale Resolution - Right -of -Way: Resolution No. 2007-R0407
authorizing the Mayor to execute a Bill of Sale to purchase the FAA
Hangar, located at 310 East Edinboro Street, from Lubbock Economic
Development Alliance.
RESOLUTION NO. 2007-R0407
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed
to execute for and on behalf of the City of Lubbock, a Bill of Sale from Lubbock
Economic Development Alliance to the City of Lubbock, and all related documents. Said
Bill of Sale is attached hereto and incorporated in this Resolution as if fully set forth herein
and shall be included in the minutes of the Council.
Passed by the City Council this 30th day of August, 2007.
/s/ David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ James Loomis
James Loomis
Assistant City Manager/Transportation and Public Works
/s/ Rob Allison
Rob Allison
Assistant City Manager/Development Services
APPROVED AS TO FORM:
/s/ Richard K. Casner
Richard K. Casner
First Assistant City Attorney
This resolution authorizes the conveyance of Lubbock Economic Development
Alliance's (LEDA) Federal Aviation Administration hangar located at Lubbock
Preston Smith International Airport to the City of Lubbock. This action is
consistent with an agreement approved by City Council on June 26, 2007.
FISCAL IMPACT
No fiscal impact.
Staff recommended approval of this resolution.
Motion was made by Council Member DeLeon, seconded by Council Member
Jones to pass Resolution No. 2007-R0407 as recommended by staff. Motion
carried: 7 Ayes, 0 Nays.
1. EXECUTIVE SESSION
Mayor Miller stated: "City Council will hold an Executive Session today for the
purpose of consulting with the City Staff with respect to competitive matters of
the public power utility, as provided by Subchapter D of Chapter 551 of the
Government Code, the Open Meetings Law."
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Special City Council Meeting
August 30, 2007
9:40 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council Conference Room
All council members were present.
1.1. Hold an executive session in accordance with V.T.C.A Government Code,
Section 551.086, on the following competitive matters (Electric Utilities)
1.1.1 to deliberate, vote, and take final action on electric rates of Lubbock
Power and Light
1.1.2 to discuss, vote, and take final action on a competitive matter
regarding operation, financial and capital statements and budgets,
revenue and expense projections, strategic and business plans and
studies of Lubbock Power and Light
10:20 A. M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
Present: Mayor David A. Miller; Mayor Pro Tem Jim Gilbreath; Council
Member Linda DeLeon; Council Member Phyllis Jones; Council
Member Todd R. Klein; Council Member John Leonard; Council
Member Floyd Price; Lee Ann Dumbauld, City Manager; Anita
Burgess, City Attorney; and Rebecca Garza, City Secretary
Absent: No one
Mayor Miller reconvened the meeting at 10:20 A. M.
2. REGULAR AGENDA (continued)
2.3. Budget Adoption Ordinance 1st Reading - Finance: Ordinance No. 2007-
O0091 adopting the FY 2007-08 Operating Budget and Capital Program.
ORDINANCE NO. 2007-O009 1
AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR FISCAL
YEAR 2007-08; PROVIDING FOR NECESSARY TRANSFERS TO FUNDS
BETWEEN ACCOUNTS AND DEPARTMENTS, IF REQUIRED; APPROPRIATING
FUNDS FOR THE 2007-08 FISCAL YEAR BUDGET OF THE CITY OF LUBBOCK;
ESTABLISHING CIVIL SERVICE CLASSIFICATIONS AND POSITIONS; AND
PROVIDING FOR A SAVINGS CLAUSE.
This is the first reading of the ordinance adopting the City's FY 2007-08
Operating Budget and Capital Program. The budget ordinance must be
considered prior to the ordinance on the tax rate.
This ordinance incorporates the operating and capital budgets that have been
proposed by the City Manager. The property tax rate in the proposed budget is
$0.46199 per $100 valuation. Agenda Item 2.4 is for the approval of the
property tax rate. The rate proposed by City Council is $0.45505 per $100
valuation. A balanced budget must be approved by the City Council. In order to
balance the budget, either the City Manager's proposed budget will need to be
adjusted to meet the proposed property tax rate, or the proposed tax rate will
need to be raised, or a combination thereof.
The ordinance will be placed on the Thursday, September 13, 2007, City
Council Agenda for the second reading and adoption of the budget.
FISCAL IMPACT
Impact outlined in FY 2007-08 Proposed Budget.
Jeff Yates, Chief Financial Officer; Lee Ann Dumbauld, City Manager; and
Marsha Reed, Assistant City Engineer, gave comments and answered questions
from Council. Each Council Member gave comments on the FY 2007-2008
proposed budget and tax rate.
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Special City Council Meeting
August 30, 2007
Motion was made by Council Member Leonard, seconded by Mayor Pro Tern
Gilbreath to pass on first reading Ordinance No. 2007-O0091 with the
following changes:
In Revenues, there is a reduction to the $0.45505 tax rate of $722,644;
In Expenditures, we would reduce cash funding for City Hall remodeling of
$170,000; remove terminal pay and reserves of $300,000; and Departmental
efficiencies totaling $252,644 (net expenditure change of $722,644).
Motion carried: 5 Ayes, 2 Nays. (Council Members DeLeon and Price voted
Nay.
2.4. Tax Levy Ordinance 1st Reading - Finance: Ordinance No. 2007-O0092
setting the tax rate and levying a tax upon all property subject to taxation
within the City of Lubbock for the year 2007.
ORDINANCE NO. 2007-O0092
AN ORDINANCE SETTING THE TAX RATE AND LEVYING A TAX UPON
ALL PROPERTY SUBJECT TO TAXATION WITHIN THE CITY OF LUBBOCK,
TEXAS, FOR THE YEAR 2007; APPORTIONING SAID LEVY AMONG THE
VARIOUS FUNDS AND ITEMS FOR WHICH REVENUE MUST BE RAISED;
FIXING THE TIMES IN WHICH SAID TAXES SHALL BE PAID AND ASSESSING
PENALTY AND INTEREST FOR NONPAYMENT OF SUCH TAXES WITHIN THE
TIME PROVIDED.
This is the first reading of the ordinance adopting and levying the tax rate for
FY 2007-08. The budget ordinance must be considered prior to the ordinance
adopting the levying of a tax rate. The ordinance will be placed on the
Thursday, September 13, 2007, City Council agenda for the second reading and
adoption of the budget.
This ordinance incorporates the tax rate as proposed by City Council. Agenda
Item 2.3 contains the City Manager's proposed budget, which is based on a
property tax rate of $0.46199 per $100 valuation. A balanced budget must be
approved by City Council. In order to balance the budget, the City Manager's
proposed budget will need to either be adjusted to meet the proposed property
tax rate, or the proposed tax rate will need to be raised, or a combination
thereof.
A property tax rate decrease is proposed. A decrease of $0.00694 is proposed
decreasing the property tax from $0.46199 to $0.45505 per $100 valuation. The
tax rate is distributed as follows:
General Fund Maintenance and Operations $0.3538
Debt Service
$0.07125
Economic Development
$0.03000
FISCAL IMPACT
The tax rate will be adopted at the City Council Meeting scheduled for
September 13, 2007. The proposed tax rate will reduce the City Manager's
proposed FY 2007-08 Operating Budget by $722,644.
Motion was made by Council Member Leonard, seconded by Mayor Pro Tern
Gilbreath to pass on first reading Ordinance No. 2007-O0092 as recommended
by staff. Motion carried: 5 Ayes, 2 Nays. Council Members DeLeon and Price
voted Nay.
10:45 A. M. COUNCIL ADJOURNED
There being no further business to come before Council, Mayor Miller
adjourned the meeting.
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Special City Council Meeting
August 30, 2007
Read and approved this 27th day of September, 2007.
/s/ David A. Miller
David A. Miller, Mayor
ATTEST:
F. /s/ Rebecca Garza
Rebecca Garza, City Secretary
r -
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