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HomeMy WebLinkAboutMinutes - City Council - Regular - 9/7/2004CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING SEPTEMBER 7, 2004 10:00 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 7th day of September, 2004, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 10:00 A. M. 10:00 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Marc McDougal, Mayor Pro Tem Tom Martin, Council Member Gary O. Boren, Council Member Linda DeLeon, Council Member Jim Gilbreath, Council Member Floyd Price Absent: Council Member Phyllis Jones The first items considered were Items 2-5. Executive Session was considered following Item 5 and was the last item considered. EXECUTIVE SESSION Mayor McDougal stated: "City Council will hold an Executive Session today for the purpose of consulting with the City Staff with respect to personnel and discuss or deliberate regarding commercial or financial information from an economic development business prospect seeking to locate, stay, or expand in or near Lubbock as provided by Subchapter D of Chapter 551 of the Government Code, the Open Meetings Law." 10:06 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All council members were present except Council Member Jones. ( 1.} Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters (City Attorney; City Manager; City Secretary; Police Chief) and take appropriate action. (IA.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.087 to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations (Community Services). This was the last item considered and Council adjourned at 11:35 A. M. Items 2-5 were the first items considered. (2.) Resolution No. 2004-RO418 proposing the tax rate of $0.4597 per $100 valuation for the FY 2004-05 budget. RESOLUTION NO.2004-RO418 WHEREAS, Section 26.05(d) of the Tax Code of the State of Texas, in certain events, requires notice of a proposed increase in property tax revenue even if the actual property tax rate decreases; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the tax rate for FY 2004-2005 is proposed at $0.4597 per $100 valuation, which amount will result in a tax revenue increase because of new construction and revaluation of property by the tax appraisal district, notwithstanding the decrease in the property tax rate; and Special City Council Meeting September 7, 2004 THAT a public hearing be held on the proposed tax rate and that notice be published of the date, time, and place of the hearing, and providing information about the proposed tax rate at least seven (7) days before the public hearing. Passed by the City Council this 7th day of September, 2004, by the following vote: For the Proposal: Marc McDougal Tom Martin Jim Gilbreath Gary Boren Council Members present but not voting: Council Members absent: Phyllis Jones ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Lee Ann Dumbauld Lee Ann Dumbauld CFO/ Assistant City Manager APPROVED AS TO FORM: Against the Proposal: Linda DeLeon Floyd Price /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR /s/ Richard Casner Richard K. Casner, First Assistant City Attorney Municipalities may adopt and levy a tax rate of up to 3% above the effective rate (that rate which will generate the same amount of revenue from the same property on the tax rolls the prior year) without publication of notices and a separate hearing to discuss the tax rate. State law requires that notices be published and an additional public hearing (in addition to the regular public hearing on the budget) be held for an increase in property tax revenue over the prior year (3% above the effective rate), regardless of whether the increase is a result of revaluation or new improvements. The proposed property tax rate of $0.4597 per $100 valuation for the FY 2004-05 Operating Budget, although lower than the current FY 2003-04 rate of $0.5457, will raise more property tax revenues than the prior year (after it has been revised for the 2/8`h cent new sales tax). The notice and hearing process is outlined below: Special Meeting September 7 Consider Resolution 1: Discuss proposed tax rates for FY 2004-05 budget. Council action required: • Official vote by the Council of its intent to place a proposal to adopt a tax rate of $0.4597 per $100 valuation, which is greater than 103 percent of the effective tax rate, on the September 16 agenda. • Record vote. 176 Special City Council Meeting September 7, 2004 • If motion passes, schedule a public hearing for September 16 at 5:00 p.m. for public input on proposed tax rate. Consider Resolution 2: Discuss and set date for public hearing on the proposed tax rate for the FY 2004-05 budget. • If motion passes, schedule a public hearing for September 16 at 5:00 p.m. for public input on proposed tax rate. September 8 or 9 Publish Notice of Budget Public Hearing (classified section — routine). Publish `/ page ad Notice of Public Hearing on Tax Increase (size and wording prescribed by state law). September 8 Post Notice of Public Hearing on Tax Increase on the web site and television station (CNC-2). The City will post the notice of the public hearing on the web site at least seven days immediately before the hearing. The station will carry a 60-second notice of the public hearing at least five times a day between 7:00 a.m. and 9:00 p.m. The notice will run for at least seven days. September 16 5:00 p.m. — Public Hearing on proposal to increase tax revenues. Quorum of Council is required. At the conclusion of the public hearing, the Council must set and announce the date, time and place at which it will hold a public meeting to adopt and levy the tax rate. The date is scheduled for September 281h at City Hall, 1625 13" Street. 5:15 p.m. — Public Hearing on Budget • First reading of Budget Ordinance • First reading of Tax Rate Levy Ordinance • First reading of any utility rate change ordinances September 19 Publish % page ad Notice of Vote on Tax Rate. Must be published before meeting to adopt and levy tax rate. The City of Lubbock shall post the Notice of Vote on Tax Rate at least seven days immediately before the date of the vote on the proposed tax rate on its web site. The City television station shall carry a 60-second Notice of Vote on Tax Rate at least five times a day between 7:00 a.m. and 9:00 p.m. The notice will run for at least seven days immediately before the vote on the proposed tax rate. September 28 Second reading of ordinances to adopt budget, adopt and levy tax rate and adopt any rate change ordinances. After adoption, a copy of the final budget is filed with the City Secretary and County Clerk's Office. FISCAL IMPACT: As shown in the Proposed FY 2004-05 Operating Budget. 177 Special City Council Meeting September 7, 2004 Vote by the City Council of its intent to adopt a tax rate of $0.4597 per $100 valuation, which is greater than 103 percent of the effective tax rate ($0.45576 per $100 valuation). Motion was made by Council Member Gilbreath, seconded by Council Member Boren to pass Resolution No. 2004-RO418 as recommended by staff. Motion carried: 4 Yeas, 2 Nays. Council Members DeLeon and Price voted Nay. (3.) Resolution No. 2004-RO419 setting the date for a public hearing on the proposed tax rate for the FY 2004-05 budget. RESOLUTION NO.2004-RO419 WHEREAS, the City Council of the City of Lubbock desires to place a proposal to adopt a property tax rate that will result in additional revenue as outlined in Section 26.05(d) of the Tax Code of the State of Texas, notwithstanding the decrease in the proposed property 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 a public hearing shall be held on September 16, 2004, at 5:00 p.m. in Council Chambers, 1625 13th Street, Lubbock, Texas; and THAT notice be published of the date, time, and place of the hearing, and providing information about the proposed tax rate at least seven (7) days before the public hearing. Passed by the City Council this 7th day of September, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Lee Ann Dumbauld Lee Ann Dumbauld CFO/ Assistant City Manager APPROVED AS TO FORM: /s/ Richard Casner Richard K. Casner, First Assistant City Attorney After the Council votes to place a proposal to adopt a tax rate over 103 percent of the effective tax rate, which will result in an increase of tax revenues, that vote must be recorded. Upon passage, a public hearing must be scheduled to allow public input on the proposed rate. FISCAL IMPACT: Not applicable. Staff recommended that the tax rate public hearing take place September 16, 2004 at 5:00 p.m., with the budget public hearing following at 5:15 p.m. Staff recommended that both of these be scheduled in the evening to provide opportunity for citizen input. Motion was made by Mayor Pro Tem Martin, seconded by Council Member Gilbreath to pass Resolution No. 2004-RO419 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. 178 Special City Council Meeting September 7, 2004 (4.) Resolution No. 2004-RO420 authorizing the Mayor to sign a second amendment to the Interlocal Agreement, effective on November 11, 1999, by Resolution No. 6615 and first amended on November 27, 2000 by Resolution No. 2000-R0425, with Garza County for law enforcement at Lake Alan Henry. RESOLUTION NO. 2004-RO420 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 second Amendment to the Interlocal Agreement, effective on November 11, 1999 by Resolution No. 6615 and first amended on November 27, 2000, by Resolution No. 2000-R0425, between the City of Lubbock and Garza County, Texas, for law enforcement at Lake Alan Henry. Said Amendment to the Interlocal 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 7th day of September 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Tom Mann Tom Mann, Assistant Chief of Police APPROVED AS TO FORM: /s/ Anita E. Burgess Anita E. Burgess, City Attorney This Interlocal Agreement was first entered into in 1999 and was amended in 2000. The amendments currently before Council remove requirements from the agreement, which are no longer necessary, and add requirements for Garza County to send activity reports to the City. Additionally, the work hours are adjusted and the Garza County Dive Team is made available. FISCAL IMPACT: None. The Police Department is still negotiating this amendment with Garza County. Should an agreement be reached, the Police Department will recommend Council approval. Should no agreement be reached, the Police Department will recommend that Council authorize the Mayor to notify Garza County of the City's intention not to renew the agreement. The City must notify Garza County of any intention not to renew this agreement by September 12, 2004. The agreement will continue in effect until it expires on November 12, 2004. Even if this notification takes place, an agreement can still be reached and the Police Department can return to Council and ask for approval before the current agreement ends. Motion was made by Mayor Pro Tern Martin, seconded by Council Member Boren to pass Resolution No. 2004-RO420 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. 179 Special City Council Meeting September 7, 2004 (5•) Resolution No. 2004-RO421 authorizing the Mayor to execute a license agreement with the West Texas Firefighter Memorial Organization (amendment to Articles of Incorporation is pending for name change to Lubbock Regional Public Safety Memorial Organization) to build the Public Safety Memorial at Jack Stevens Park, located at 751h Street and Slide Road. RESOLUTION NO. 2004-RO421 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 License Agreement by and between the City of Lubbock and the West Texas Firefighter Memorial Organization (amendment to Articles of Incorporation are pending for name change to Lubbock Regional Public Safety Memorial Organization) to build the Public Safety Memorial at Jack Stevens Park. Said License 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 7th day of September, 2004. /s/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Steve Hailey Steve Hailey, Fire Chief APPROVED AS TO FORM: /s/ Anita E. Burgess Anita E. Burgess, City Attorney The Lubbock Regional Public Safety Memorial Committee is currently in the process of securing funding and completing the design phase of a Public Safety Memorial to be built in Jack Stevens Park. The Committee has received approval from the Parks Board to use a portion of the park. The Memorial will be built to honor those public safety professionals from Lubbock and the surrounding 14 counties, who have lost their lives in the line of duty. It will also serve as a tribute to those public safety professionals, who protect the citizens of this region every day. The memorial will have three distinct focal points: two walls of granite listing the names of those who have fallen in the line of duty; an area for fire/EMS personnel with separate walls dedicated to the Lubbock Fire Department, Lubbock County EMS, Lubbock County fire/EMS agencies and 14 surrounding county fire/EMS agencies; and another separate area for law enforcement agencies with walls dedicated to the Lubbock Police Department, Lubbock County Sheriffs Office, Texas Department of Public Safety Region 5, Lubbock County law enforcement agencies and 14 surrounding county law enforcement agencies. There will be seven bronze statues within the memorial: two firefighters; one EMS paramedic; three law enforcement officers; and one bagpiper. FISCAL IMPACT: There should be no fiscal impact for the use of the land. Staff recommended approval of this license agreement. 180 Special City Council Meeting September 7, 2004 Motion was made by Council Member Gilbreath, seconded by Mayor Pro Tern Martin to pass Resolution No. 2004-RO421 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. The next items considered were Items 1-1A in Executive Session. 11:35 A. M. COUNCIL RECONVENED 11:35 A. M. COUNCIL ADJOURNED There being no further business to come before Council, Mayor McDougal adjourned the meeting. Read and approved this day of/ c,�, 200d. MCDOUGAL, MAYOR ATTEST: Rebecca Garza, City Secretary' 181