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Home My WebLink AboutMinutes - City Council - Special - 5/6/2003CITY OF LUBBOCK SPECIAL CITY COUNCIL MEETING MAY 6, 2003 7:00 A.M. The City Council of the City of Lubbock, Texas met in special session on the 6th day of May, 2003, in the Committee Room 103, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:00 A. M. 7:05 A. M. CITY COUNCIL CONVENED Committee Room 103, first floor, City Hall, 1625 13th Street, Lubbock, Texas Present: Mayor Marc McDougal, Mayor Pro Tem Victor Hernandez, Council Member Gary O. Boren, Council Member Jim Gilbreath, Council Member Tom Martin, Council Member Frank W. Morrison Absent: Council Member T. J. Patterson 7:13 A. M. Council Member Patterson arrived 0.) Briefing on Lubbock Land Application Site (LLAS). Richard Casner, Natural Resources Attorney in the City Attorney Office, gave comments on the Land Application. He introduced Keith Pardue, attorney from Austin; L. M. Safley, Jr. with Agri -Waste Technology, Inc.; and Joseph Reed, Hydrologist and Professional Geoscientist in the field of Geology with Arcadis G & M, Inc. Mr. Casner stated that the City operates under an Agreed Order, which was received in 1989. In October 2000, the City was issued a Notice of Violation by the TNRCC for, among other things, failure to achieve satisfactory progress on the nitrate remediation under the LLAS. The City is now in the process of amending, renewing and consolidating our permits at the LLAS and well and Hancock Land Application Site (HLAS). Mr. Casner stated that the City had turned the corner in its remediation efforts. Council was provided with hard copies of the Power Point presentations made concerning Arcadis and Agri -Waste Technology, Inc. Mr. Pardue gave a presentation concerning Arcadis' involvement with LLAS. He showed the average nitrate concentration. Mr. Pardue stated that the Lubbock Land Application Site (LLAS) remediation project is the largest groundwater remediation effort in geographical areas in the State of Texas. He told Council that the Ogallala aquifer is one of largest aquifers in the country. This aquifer has been impacted by elevated nitrate levels. Excessive rainfall results in nitrate spikes afterwards. Mr. Reed gave a presentation. He stated that he previously informed TCEQ Commissioner Huston that every recommendation that Arcadis has made to improve the situation and lower the nitrate level, Lubbock has done immediately without any question. Council Member Hernandez summarized that every time you take a shower, open a faucet or flush a commode it goes to our wastewater treatment plant. Some cities use the water after it is treated to a potable level, a drinking level and inject it into the aquifer and pull it out on the other side and reuse it. The City of Lubbock has chosen not to do that. They treat it to a certain level and ship it out for land application. 8:20 A.M. COUNCIL RECESSED 8:35 A.M. COUNCIL RECONVENED Mr. Reed stated that they had sent annual reports to TCEQ (formerly TNRCC). Council Member Boren asked Interim City Manager Gonzalez to get copies of those reports for Council. Special City Council Meeting May 6, 2003 Page 386 Council Member Morrison asked Mr. Reed for the 2002-2003 slides of the nitrate concentration. Stream discharge was discussed. The policy as it stands now is relief valve use only. If Lubbock should go to stream discharge, it must be continued. Turning it on and off creates problems. Mayor McDougal asked about getting a permit to go to the extreme of 9 million gallons each day. Mr. Safley stated that he, Mr. Reed and Mr. Pardue all were making efforts to help TCEQ understand that LLAS is a unique site. He stated Lubbock had worked well to keep TCEQ informed. Council Member Morrison asked Interim City Manager Gonzalez to provide after -meeting thoughts of staff as to pros and cons of options. Some options mentioned in this meeting were: 1) Buy more land 2) Clean and send to Brazos to pump to Canyon Lakes 3) Sell to farmers Council Member Martin stated that if Interim City Manager Gonzalez had been able to review this information, he would be interested in a short perspective of whether Mr. Gonzalez agreed with the comments of the Council that this had been operated very effectively in recent years and we are getting a handle on the problem. Interim City Manager Gonzalez stated that based on the briefings he has had, he thought the City did have a handle on this matter. There are several options on the table to look at and until Council reviewed everything, he would reserve his final recommendation. However, Gonzalez said he was satisfied up to this point. (1A). Discuss composition of and charge to be given to the Internal Review Committee. In February 2003, City Council discussed the need to appoint an Internal Review Committee. This discussion is to develop a consensus as to the composition of the Internal Review Committee and to develop a charge for the Internal Review Committee. Council requested that this item be put on the May 22, 2003 agenda or as soon as possible. (2.) Presentation of Certificate of Election followed by the Swearing -In Ceremony for Jim Gilbreath, newly elected Council Member to the City Council, District 6 position for the City of Lubbock. City Council received certification of unopposed candidate from the City Secretary on April 9, 2003. After receiving the certification of unopposed candidate, the City Council passed Ordinance No. 2003-00027 canceling the May 3, 2003 Special Election to fill the vacancy in District 6 and declaring the unopposed candidate, Jim Gilbreath, elected to office. Staff recommended issuing the certificate of election to Mr. Gilbreath, and swearing him into office. ( 3.) Presentation of Revised 02-03 Budget. Budget Manager Melissa Trevino, Director of Finance Beverly Hodges, and Interim City Manager Tommy Gonzalez. This item was continued until May 7, 2003 Work Session This item was considered at 3:54 P.M. on May 7, 2003. Presentation of the Revised Budget for FY 2002-03. 386 Special City Council Meeting May 6, 2003 Page 387 Staff presented Revised Budget for Fiscal Year 2002-03 for the General, Enterprise and Internal Service Funds. Capital projects were also discussed. A summary overview by fund was provided in council backup. Interim City Manager Tommy Gonzalez, Director of Finance Beverly Hodges and Budget Manager Melissa Trevino made a presentation of Revised 02-03 Budget. Council Member Morrison requested the following: 1) Breakdown for the past six months for the Lake Alan Henry line items; 2) Updated national data on e-commerce sales. Council Member Boren requested the following: 1) Look at the formula for 'cost of business'; 2) Call Lubbock Central Appraisal and see how we are looking on our appraisal; 3) List of eight positions not filled, which are being deleted.. Council Member Martin requested the following: 1) Detailed breakdown of the general multipurpose budget; 2) List of top 100 (dollar value) delinquent property taxes accounts as of February 1, 2003; 3) Information on shutting down the Auditorium. 4) A list of projects picked for the $90,000 set aside for street improvements. 5) That adding a fireproof ceiling in the City Secretary's Office vault should be addressed in the revised budget. Council Member Hernandez requested the following: 1) In addition to a formula showing how we are allocating the costs of business, provide a list of services being received in return. City Attorney Anita Burgess stated she opposed any delegation of Council's authority to the City Manager of the oversight of the City Attorney, City Secretary and Municipal Court Judge's budget. Interim City Manager Tommy Gonzalez stated that Ms. Burgess might look at the ordinance, as he thought the City Manager was responsible for the entire budget. An amendment might be considered. Council requested that Municipal Court Judge Robert Doty bring his fine schedule to the May 8th City Council Meeting. Interim City Manager Tommy Gonzalez mentioned that a back-up generator for the City Building located at 1625 — 13th should be recommended for the proposed budget. Staff recommended approval of the revised budget. Council Members commended staff for helping to "True Up" the budget. EXECUTIVE SESSION Mayor McDougal stated the City Council will hold an Executive Session today for the purpose of consulting with the City Staff with respect to "Pending or contemplated litigation" as provided by Subchapter D of Chapter 551 of the Government Code, the Open Meetings Law. 10:06 A. M. CITY COUNCIL RECESSED 10:30 A. M. CITY COUNCIL RECONVENED IN COUNCIL CHAMBERS SWEARING -IN CEREMONY Mayor Marc McDougal read Certificate of Election recognizing incoming Council Member Jim Gilbreath. 387 Special City Council Meeting May 6, 2003 Page 388 The newly elected Council Member Jim Gilbreath, District 6, was sworn in by the Honorable J. Q. Warnick. Council Member Gilbreath addressed Council with remarks concerning the future. A reception immediately followed. 11:00 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION/RECEPTION All council members were present. (4.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071(1)(A), to discuss pending or contemplated litigation (Water Utilities). 12:45 P. M. CITY COUNCIL RECONVENED The next item considered was Item 3. 3:36 P. M. COUNCIL CONTINUED UNTIL MAY 7, 2003 AT 8:14 A. M. 8:20 A. M. ON MAY 7, 2003, CITY COUNCIL RECONVENED FOR THE MAY 6, 2003 WORK SESSION Item 3 was continued. 9:30 A.M. ON MAY 7, 2003, COUNCIL CONTINUED THIS MEETING 3:52 P.M. ON MAY 7, 2003 COUNCIL RECONVENED THIS MEETING All council members were present, except Council Member Hernandez. Item 3 was continued. 4:55 P.M. COUNCIL ADJOURNED There being no further business to come before Council, Mayor McDougal entertained a motion to adjourn; Council Member Morrison seconded the motion. Motion carried: 6 Yeas, 0 Nays. Read and approved this �day of, 2005. ARC MCDOUGAL, MAYOR ATTEST: Rebecca Garza, City Secretary 388