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HomeMy WebLinkAboutMinutes - City Council - Regular - 7/30/1998CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING July 30, 1998 8:00 A. M. The City Council of the City of Lubbock, Texas met regular session Street, the 30ctkh day of July, 1998, in Committee Room 103, City Texas at 8:00 A. M. 8:10 A. M. CITY COUNCIL CONVENED Committee Room 103, 1625 13th Street, Lubbock, Texas Present: Mayor Windy Sitton, Mayor Pro Tern Max Ince, Councilmember Alex "Ty" Cooke, Councilmember Victor Hernandez, Councilmember Marc McDougal, Councilmember David Nelson, Councilmember T. J. Patterson; Bob Cass, City Manager; Anita Burgess, City Attorney; and Kaythie Darnell, City Secretary Absent: None (1.) The invocation was given by Bob Cass, City Manager. (2.) Pledge of allegiance was given by those present. (3.) Consider Resolution No. 5950 authorizing the Mayor to execute same with the County of Lubbock to achieve the goal of having the lowest crime rate per capita for Texas cities of 100,000 or more in population. RESOLUTION NO. 5950 STATE OF TEXAS S s COUNTY OF LUBBOCK S WHEREAS, Lubbock and the South Plains have long been known for their ability to work together to solve problems and achieve goals; WHEREAS, significant challenges face this community in dealing with adult and juvenile crime; WHEREAS, the structure of the criminal justice system, as provided by the Texas Constitution, at times creates impediments to enhancing a cooperative management effort among elected and appointed officials in combating crime; WHEREAS, the County of Lubbock, acting by and through its duly elected Commissioners Court; the City of Lubbock, acting by and through its duly elected City Council; the Lubbock County Criminal District Attorney; the Lubbock County Sheriff, Texas State Senator, District 28; Texas Representative, District 83; and Texas Representative, District 84; with the advice and recommendation of local judges, attorneys, community leaders and other elected officials have established an attainable goal of Lubbock having the lowest published crime rate among cities of 100,000 or more in the State of Texas; and WHEREAS, these local governmental entities and officials have collaborated over several months of negotiations and discussions to develop specific methods for attaining the established goal, including strategies to: (1) develop a specific system to enhance communication among law enforcement officials and the criminal justice system, and Regular City Council Meeting July 30, 1998 Page 6 (2) more efficiently manage the jail population and the criminal justice system. WHEREAS, these local governmental entities and official have collaborated in the development of the document now known as Achieving the Goal; NOW THEREFORE, BE IT RESOLVED BY THE LUBBOCK COUNTY COMMISSIONERS COURT, THE LUBBOCK CITY COUNCIL, THE LUBBOCK COUNTY CRIMINAL DISTRICT ATTORNEY, THE LUBBOCK COUNTY SHERIFF, TEXAS STATE SENATOR, DISTRICT 28, TEXAS REPRESENTATIVE, DISTRICT 83, AND TEXAS REPRESENTATIVE, DISTRICT 84 that: (1) All locally elected officials who have duties and responsibilities in the criminal justice system are committed to Achieving the Goal, (2) All locally elected officials who have duties and responsibilities in the criminal justice system are committed to implementing the strategies developed in Achieving the Goal; (3) All locally elected officials who have duties and responsibilities in the criminal justice system are committed to joint investment in the enhanced criminal justice policy and procedure as developed in Achieving the Goal. PASSED AND APPROVED this 27th day of July, 1998. ATTEST: /s/ Ann Davidson Ann Davidson, County Clerk ATTEST: _/s/ Kaythie Darnell Kaythie Darnell, City Secretary /s/ Earl Bartley Earl Bartley, Sheriff /s/ Robert L. Duncan Robert L. Duncan, Texas State Senate, District 28 /s/ Delwin Jones Delwin Jones, Texas House of Representatives, District 83 /s/ Carl Isett Carl Isett, Texas House of Representatives, District 84 /s/ DON McBEATH Don McBeath, Lubbock County Judge /s/ WINDY SITTON WINDY SITTON, MAYOR /s/ William C. Sowder William C. (Bill) Sowder, Criminal District Attorney 0 Regular City Council Meeting July 30, 1998 Page 7 Council members have been thoroughly briefed on the "Achieving the Goal" initiative organized by Senator Duncan and representatives from the Lubbock business community. Key City staff members have been involved in these discussions and are highly supportive of the initiative and its objectives. Resolution No. 5950, which was also presented to the Lubbock County Commissioners, was proposed as a method of publicly endorsing the concept and committing all relevant organizations to its concepts. Staff expects that the anticipated reductions in the crime rate will follow sometime after the full implementation of all operating procedures and processes, but are supportive of the objective. Staff recommended Council approval. Senator Duncan, Representative Jones, Representative Isett, and other members of the committee were present when this item was considered. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass Resolution No. 5950 as recommended by staff. Motion carried: 6 Yeas, 1 Nay. Councilmember Hernandez voted Nay. (4.) Consider Resolution No. 5951 authorizing the Mayor to execute a Fixed Base Operator Ground Lease between Lane McClanahan and the City of Lubbock. RESOLUTION NO. 5951 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 Fixed Based Operator Ground Lease Agreement with Lane McClanahan and all related documents. Said 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 City Council this 30th day of July, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ H. David Jones for Mark Earle Mark Earle, Aviation Manager APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of the Lease Agreement is filed with Resolution No. 5951. 7 Regular City Council Meeting July 30, 1998 Page 8 Lane McClanahan has made a request to lease on the west side of the airport so that he can build a hangar. Mr. McClanahan operates Stratos Aviation, a flight training school, and needs the hangar to store the company's aircraft. The proposed agreement covers 11,000 square feet of ground area that will be leased at an annual rate of $0.1050 per square foot. The lease will yield income of $1,155 per year. The lease rate will be adjusted annually according to changes in the Consumer Price Index. At the end of the lease, the lessee will have an option to either remove the leasehold improvements or to transfer ownership of the improvements to the City, subject to the City's acceptance of the property. If the City refuses to accept the improvements then lessee will be required to remove them at his cost. The Airport Board has reviewed the proposed agreement and recommended approval. Staff also recommended approval. Motion was made by Councilmember Cooke, seconded by Councilmember McDougal to pass Resolution No. 5951 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (5.) Consider Resolution No. 5952 authorizing the Mayor to execute a grant application with the United States Department of Justice for the purchase of equipment for the police department and to authorize the expenditure of one -ninth matching funds upon the awarding of the grant. RESOLUTION NO. 5952 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 grant application and related documents to the United States Department of Justice, Bureau of Justice Assistance, Local Law Enforcement Block Grants Program for funds for new technology and that the Council hereby agrees, in accordance with the requirements of such grant application, to a cash match of $51,915.00, one -ninth of $467,231.00 and to establish or designate an advisory board to review the application for funding and make non -binding recommendations to the Council for the use of funds received under the Department's Block Grants Program. Regular City Council Meeting July 30, 1998 Page 9 Passed by City Council this 30th day of July, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Debra B. Forte' Debra B. Forte', First Assistant City Manager APPROVED AS TO FORM: /s/ Dan Saluri Dan Saluri, Assistant City Attorney The Omnibus Fiscal Year 1998 Appropriations Act (Public Law 105-119) authorizes the Director of the Bureau of Justice Assistance (BJA) to make funds available to local units of government under the Local Law Enforcement Block Grants (LLEBG) Program for the purposes of reducing crime and improving public safety. The Police Department of the City of Lubbock requested that the City Council authorize the Mayor to execute the grant application with the United States Department of Justice. The Lubbock Police Department requested this grant to purchase new technologies and equipment to assist in the training of new and current officers. The grant money and the City of Lubbock's matching portion will be spent on new equipment that will help to better train officers. This technology may include improvements for weapons training as well as driver training. The grant requires one -ninth matching funds from the City in cash to be obligated and expended during the Federal project period. The Police Department is requesting a grant in the amount of $467,231. The City's share will be $51,915. The grant also calls for the use of an advisory board to review the application for funding and make non -binding recommendations on the use of the funding. The Police Department recommended passage of this resolution. Motion was made by Councilmember McDougal, seconded by Councilmember Patterson to pass Resolution No. 5952 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (6.) Consider Resolution No. 5953 appointing Paul Thompson as designated representative, responsible official, and official signatory and Derrell Oliver as alternate representative for all purposes relating to environmental compliance for Lubbock Power and Light. 6 Regular City Council Meeting July 30, 1998 Page 10 RESOLUTION NO. 5953 WHEREAS, by Resolution No. 5758, dated February 12, 1998, the City Council of the City of Lubbock appointed Robert Massengale the designated representative and responsible official for all facilities of Lubbock Power and Light of the City of Lubbock for all purposes relating to or in connection with Title IV and Title V of the Clean Air Act, 42 U.S.C. § 7401, et. seq. and laws of the State of Texas relating to the same or similar subject matter; and WHEREAS, Robert Massengale is no longer associated with the City of Lubbock and the City of Lubbock is in need of a person to act in the above -described capacity; and WHEREAS, the City Council of the City of Lubbock now desires to appoint Paul Thompson to act in such capacity unless another party is directed by law to so act. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT Paul Thompson is hereby appointed as the designated representative, responsible official and official signatory, or duly authorized representative thereof, for all facilities of Lubbock Power and Light of the City of Lubbock for all purposes relating to or in connection with Title IV and Title V of the Clean Air Act, 42 U.S.C. § 7401, et. seq., the Clean Water Act, 33 U.S.C. § 1251, et. seq., and the Resource Conservation and Recovery Act, 42 U.S.C. § 6901, et. seq., as same may be amended from time to time, all laws of the State of Texas relating to the same or similar subject matter, as same may be amended from time to time, and all rules and regulations promulgated pursuant to such laws, unless another party is directed by law to so act. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT Derrell Oliver is appointed the alternate designated representative to act in the identical capacity as Paul Thompson, in his capacity as designated representative. Derrell Oliver, the alternate designated representative, is authorized to act in the following situations, and only in the following situations, to wit: (i) the resignation or removal from the employ of the designated representative from the City of Lubbock; (ii) the inability of the designated representative to act, for any reason, in such capacity, for and on behalf of the City of Lubbock; (iii) the death of the designated representative; or (iv) the absence of the designated representative from the City of Lubbock. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT all actions of the designated representative, responsible official and official signatory taken prior to the date of the adoption of this resolution regarding the subject matter hereof are ratified in all respects and instances. 10 Regular City Council Meeting July 30, 1998 Page 11 Passed by City Council this 30th day of July, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Paul Thompson Paul Thompson, Managing Director of Electric Utilities APPROVED AS TO FORM: /s/ Richard K. Casner Richard K. Casner, Natural Resources Attorney State and federal laws require that specific individuals sign documents of certification related to environmental matters. An alternate designee is also advisable for periods of absence of the primary designee. Power to sign the described documents must be granted by the organizational governing body and is an operating permit requirement. Lubbock Power and Light and the Environmental Compliance Department recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to pass Resolution No. 5953 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. ( 7.) Resolution No. 5954/Bid #98144--Elevated Storage Tank Renovations (Water Treatment) RESOLUTION NO. 5954 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 contract with Loyd's of Kern Painting of Lindsay, OK, and all related documents, to install and furnish all materials and services for the Elevated Storage Tank Renovations. Said contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. 11 Regular City Council Meeting July 30, 1998 Page 12 Passed by City Council this 30th day of July, 1998. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Municipal Contracts Attorney CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § /s/ WINDY SITTON WINDY SITTON, MAYOR THIS AGREEMENT, made and entered into this 30th day of July, 1998, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Windy Sitton, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Loyd's of Kern Painting, of the City of Lindsay, County of McClain, and the State of Oklahoma, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #98144 - Elevated Storage Tank Renovations - $36,000.00 (Total Base Bid Items 1 & 2) and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. 12 Regular City Council Meeting July 30, 1998 Page 13 IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Kaythie Darnell Secretary APPROVED AS TO CONTENT: /s/ Joey McMahan Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ June Adams CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Loyd's of Kern Painting By: /s/ Loyd Adams PRINTED NAME: Loyd Adams TITLE: Owner COMPLETE ADDRESS: Loyd's of Kern Painting P.O. Box 764 Lindsay, OK 73052-0764 This bid is to furnish labor and materials to extend the overflow spillway on the 100,000 gallon overhead and the 1,000,000 gallon back wash tank from the top of the tank to ground level. Both tanks are located at the Water Treatment Plant, 6001 North Guava Avenue. This project is mandated by the Texas Natural Resource Conservation Commission to bring the two tanks in compliance with TNRCC Rule number 290.43(C)(3). Source of funding for this project is the Repaint Water Tower capital account. The low bid is $36,000 from Loyd's of Kern Painting of Lindsay, Oklahoma. Staff recommended award of the bid to the bidder as indicated on the tabsheet and as shown on the resolution. Motion was made by Councilmember Nelson, seconded by Councilmember Cooke to pass Resolution No. 5954 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. ( 8•) Discuss proposed FY 1998-99 Annual Budget and Capital Projects Budget for the City of Lubbock. No questions were asked on the annual budget. ( 9.) Discuss proposed tax rate for FY 1998-99 Budget and take appropriate action. 13 Regular City Council Meeting July 30, 1998 Page 14 RESOLUTION NO. 5955 WHEREAS, Section 26.05(d) of the Tax Code of the State of Texas was amended to require notice of a proposed increase in tax revenue, even if the tax rate remains the same; and WHEREAS, the City Council of the City of Lubbock desires to place a proposal to adopt a tax rate on the agenda of a future meeting as an action item and schedule a public hearing; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the tax rate for FY 98-99 is proposed at 58 cents per $100 valuation, which amount will result in a tax revenue increase because of new construction and re- evaluation of property by the tax appraisal district; and THAT a public hearing shall be held on August 13, 1998, at 5:00 p.m. in Council Chambers, 1625 13th Street, Lubbock, Texas; and THAT notice shall be published of the date, time, and place of the hearing, and providing information about the proposed tax rate at least seven days before the public hearing. Passed by the City Council of the City of Lubbock, Texas, on this 30th day of July, 1998, by the following vote: For the Proposal: Against the Proposal: Mayor Windy Sitton J. David Nelson Victor Hernandez T. J. Patterson Max Ince Marc McDougal Alex "Ty" Cooke Council Members present but not voting: None Council Members absent: None /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Anna Mosqueda Anna Mosqueda, Director of Management Services APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney, Office Practice Section 14 Regular City Council Meeting July 30, 1998 Page 15 At its Budget meeting the week of July 8, among the items the City Council discussed were the proposed budget and the proposed tax rate that would be necessary to fund both the debt and operations and maintenance requirements for the General Fund. As a result of changes made during the last state legislative session and part of the school finance tax reform, the process for adopting a tax rate has changed. In past years municipalities had the latitude to adopt and levy a tax rate of up to 3 % above the effective rate (that rate which will generate the same amount of revenue for the same property on the tax rolls the prior year) without requiring publication of notices and a hearing to announce a tax increase. This allowed municipalities a modest growth of up to 3 % over the effective rate in order to offset increased cost of services and delivery of additional services in a growing community. The changes in state law now require that notices be published and a public hearing be held (in addition to the regular public hearing on the budget) for a_y increase in revenue over the prior year regardless of whether the increase is a result of revaluation or new improvements. The truth -in -taxation laws very strictly regulate the calculation, timetable for adoption of tax rate as well as the form for the published notices. The rate of 58 cents per $100 valuation proposed for the FY 1998-99 budget, although the same as was adopted last year, will raise more property tax revenues. This year's total taxable value as certified by the Chief Appraiser is $6,029,962,574 versus $5,816,089,169 for last year. This results in property tax revenue, based on 58 cents per $100 valuation, equal to $34,973,783 versus $33,741,296 based on last years total taxable value; an increase of 3.65 %. Taxable value of new improvements totals $121,445,723 and re -valuations and other changes totaled $92,427,782. Revenue from new improvements is $704,385, while revenue generated from re -valuations and other changes is $536,081. Council may recall that the preliminary budget revenues (submitted to Council earlier in July) were based on an estimated value (provided by LCAD) of $6,002,500,000. The final figure, received on Monday, July 27, is $6,029,962,574. This results in an additional $148,089 to the General Fund that was not included in the budget proposal submitted to Council in early July. It was staff's suggestion that those additional revenues be placed into the contingency reserve for economic development purposes. Council could choose, however, to apply them in any manner it sees fit. The required notice and hearing process is outlined below. In addition, copies of the required notices are attached. d y 30 - Discuss and then vote to propose a tax increase. Actions required: Vote on Council's intent to place a proposal to adopt a tax rate of 58 cents per $100 valuation on the agenda of a future meeting as an action item. (Proposed rate must be specified; cannot vote to adopt a proposal to increase taxes by an unspecified amount.) 15 Regular City Council Meeting July 30, 1998 Page 16 • Record vote • If motion passes schedule a public hearing for August 13 for public input on proposed tax rate of 58 cents per $100 valuation. AUGUST 2 • Publish first quarter -page ad "Notice of Public Hearing on Tax Increase" at least seven (7) days before public hearing. • Publish second notice in legal or classified section on Budget Public Hearing (routine hearing). AUGUST 7 Lubbock Central Appraisal District published effective/rollback rates (routine process) AUGUST 13 Public hearing at 5:30 p. in. on proposal to increase tax revenues. Quorum of Council required. Council may not adopt rate at this hearing. Instead, at the end of the hearing it must set and announce date, time, and place at which it will hold public meeting to adopt and levy the tax rate. This date is currently planned as the second Council meeting in August — August 27 at 10:30 a. in. at 1625 13th Street. Public hearing on proposed FY 1998-99 Budget. First reading of Budget Ordinance First reading of Tax Rate Ordinance First reading of Solid Waste rate and TMRS Ordinances AUGUST 20 Publish "Notice of Vote on Tax Rate" . Second quarter -page ad must be published before meeting to adopt and levy tax rate. AUGUST 27 - At its regular Council Meeting, second reading of ordinances to: • Adopt Budget • Adopt and Levy Tax rate • Adopt Solid Waste Rates and TMRS Ordinances After adoption, a copy of the final adopted Budget is filed with the City Secretary and County Clerk's Office. Staff recommended time line and proposed rate as outlined above. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass Resolution No. 5955 with the following amendment to Paragraph 4: "That the tax rate for FY 98-99 is proposed at 58 cents per $100 valuation, which amount will result in a tax revenue increase..." Motion carried: 6 Yeas, 1 Nay. Councilmember Nelson voted Nay. 16 Regular City Council Meeting July 30, 1998 Page 17 (10.) Discuss and set date for public hearing on proposed tax rate for FY 1998-99 Budget. As outlined in agenda comments for tax rate discussion, after the Council voted to place a proposal to adopt a tax rate of 58 cents per $100 valuation that will result in an increase of tax revenues and recorded that vote, on passage, then a public hearing must be scheduled to allow public input on proposed rate. The public hearing on the tax increase is scheduled for the first Council meeting in August — August 13, the same day as the Budget Public Hearing. Staff recommended these both be scheduled at an evening meeting consistent with budget public hearings held in prior years. Staff recommended August 13 at 5:00 p. m. be set for Public Hearing to gather taxpayer input on proposed rate consistent with state law. The resolution for Item No. 10 was included in Item No. 9; however, a separate motion was made to set the public hearing on the proposed tax rate. Motion was made by Councilmember Ince, seconded by Councilmember McDougal to set the public hearing for August 13, 1998 at 5:00 p. in. Motion carried: 7 Yeas, 0 Nays. 8:30 A. M. COUNCIL RECESSED TO EXECUTIVE SESSION (11.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.072 to deliberate the purchase, exchange, lease, or value of real property (Water Utilities). 9:45 A. M. COUNCIL RECONVENED 9:50 P. M. COUNCIL ADJOURNED There being no further business to come before Council, Councilmember McDougal made a motion to adjourn; Councilmember Cooke seconded the motion. Motion carried: 5 Yeas,O Nays. Councilmembers Hernandez and Ince were not present when Council reconvened. 4,4 - 2Z WINDY 4SIN, MAYOR ATTEST: 1 J6 &�UL Kay l Darnell, City Secretary Read and approved this oU)a day of , 1998. SIT N, AYOR A TEST: — i, -4wk, K.ay i Darnell, City Secretary 17