HomeMy WebLinkAboutMinutes - City Council - Special - 5/18/2006CITY OF LUBBOCK
SPECIAL CITY COUNCIL MEETING
May 18, 2006
7:00 A. M.
The City Council of the City of Lubbock, Texas met in special session on the 18th
day of May, 2006, in the City Council Chambers, first floor, City Hall, 1625 13th
Street, Lubbock, Texas at 7:00 A. M.
7:00 A. M. CITY COUNCIL CONVENED
City Council Chambers, 1625 13th Street, Lubbock, Texas
Present: Mayor Marc McDougal, Mayor Pro Tern Tom Martin, Council
Member Gary O. Boren, Council Member Linda DeLeon, Council
Member Jim Gilbreath, Council Member Phyllis Jones, Council
Member Floyd Price
Absent: No one
1. EXECUTIVE SESSION was considered following Item 2.5.
2. REGULAR AGENDA
2.1. Amendment Resolution - Market Lubbock Economic Development
Corporation: Resolution No. 2006-R0222 approving the amendment to
the Market Lubbock Economic Development Corporation's Bylaws and
Articles of Incorporation to increase the number of members on its Board
of Directors from five to seven.
Market Lubbock Economic Development Corporation currently has five
members on its Board of Directors. The Board believes that it is in the best
interests of the Corporation to increase the number of members of the Board
of Directors from five to seven.
This item will amend Article Nine of the Articles of Incorporation and Article
2.02 of the Bylaws of Market Lubbock Economic Development Corporation
to allow for a seven -member board instead of a five -member board.
FISCAL IMPACT
No fiscal impact anticipated.
Staff recommended approval of this resolution.
City Attorney Anita Burgess gave comments and answered questions from
Council.
Motion was made by Mayor Pro Tern Martin, seconded by Council Member
Gilbreath to pass Resolution No. 2006-R0222 as recommended by staff.
Motion carried: 7 Ayes, 0 Nays.
2.2. Amendment Resolution - Lubbock Economic Development Alliance:
Resolution No. 2006-R0223 approving the amendment to the Lubbock
Economic Development Alliance, Inc.'s Bylaws to increase the number of
members on its Board of Directors from five to seven.
Lubbock Economic Development Alliance currently has five members on its
Board of Directors. The Board believes that it is in the best interest of the
Corporation to increase the number of members of the Board of Directors
from five to seven.
This item will amend Article II, Section 1(b) of the Bylaws of Lubbock
Economic Development Alliance, Inc. to allow for a seven -member board
instead of a five -member board.
FISCAL IMPACT
No fiscal impact anticipated.
Staff recommended approval of this resolution.
Special City Council Meeting
May 18, 2006
Page 478
Motion was made by Council Member Gilbreath, seconded by Mayor Pro
Tem Martin to pass Resolution No. 2006-RO223 as recommended by staff.
Motion carried: 7 Ayes, 0 Nays.
2.3. Board Appointments - City Secretary:
Consider three appointments to Lubbock Economic Development
Alliance, Inc.
Consider three appointments to Market Lubbock Economic Development
Corporation Board of Directors.
Motion was made by Council Member DeLeon, seconded by Council Member
Price to appoint Velma Medina, Curtis Griffith, and Mike McDougal to the
Lubbock Economic Development Alliance, Inc. Board and to the Market
Lubbock Economic Development Corporation Board of Directors.
There were concerns from Council regarding conflict/nepotism law, with the
third appointment to the Lubbock Economic Development Alliance, Inc.
Board and the Market Lubbock Economic Development Corporation Board of
Directors being Mike McDougal, who is the brother of Marc McDougal,
Mayor, until the newly elected David Miller was sworn in. The question was
asked if Mike McDougal could be appointed after the new Mayor was sworn
in.
City Attorney Anita Burgess stated that, "with regard to a member of the
Council voting on an issue such as this and the Council making such an
appointment, certainly the question is the Mayor's brother as a potential
appointee to the LEDA Board, would be analyzed from the perspective of
Chapter 171 of Local Government Code as to whether or not that would be a
conflict for the Mayor". Under those provisions, State Law and the Charter,
there is not a conflict. Burgess went on to say that there is no other provision
that she is aware of where there would be the creation of a conflict. She stated
that there is an issue under the LEDA Articles of Incorporation which states
(and she read) that there will no be an appointment made to the LEDA Board
of an individual who is related within certain degrees to members of the
Council. That would create an issue for the LEDA Board for a short period of
time. The LEDA Board operates such that the appointment would be
effective immediately.
With that said, motion was made by Council Member Boren, seconded by
Council Member Gilbreath to appoint Curtis Griffith, Dan Pope, and Velma
Medina to the Lubbock Economic Development Alliance and Market
Lubbock Economic Development Corporation Board of Directors. Discussion
was had and after further discussion, Council Member Boren called for the
question. Mayor Pro Tem Martin called for a vote, which carried: 6 Ayes, 0
Nays. Vote was then taken on the above motion, which failed: 3 Ayes, 3
Nays. Mayor Pro Tem Martin, Council Members Jones and Price voted Nay.
Motion was then made by Council Member Jones, seconded by Council
Member Price to appoint Curtis Griffith, Velma Medina, and Mike McDougal
to the Lubbock Economic Development Alliance and Market Lubbock
Economic Development Corporation Board of Directors, and for the
appointment to become effective at 10:00 a.m. today. The question was asked
if this was permissible, and City Attorney Burgess stated that she was legally
uncertain of the answer. Mayor Pro Tem Martin requested to divide the vote,
and Burgess stated it could be done. Vote was as follows:
Curtis Griffith — 6 Ayes, 0 Nays
Velma Medina — 6 Ayes, 0 Nays
Mike McDougal — 3 Ayes, 3 Nays (Mayor Pro Tern Martin, Council
Members Boren and Gilbreath voted Nay.)
Dan Pope — 2 Ayes, 4 Nays (Mayor Pro Tem Martin, Council Members
DeLeon, Jones, and Price voted Nay.)
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Special City Council Meeting
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Page 479
Motion was made by Council Member Boren, seconded by Council Member
Gilbreath to appoint Velma Medina and Curtis Griffith to the Lubbock
Economic Development Alliance, Inc. Board and to the Market Lubbock
Economic Development Board of Directors, and to take no action on the third
position until the May 25th Regular City Council Meeting. Motion carried: 6
Ayes, 0 Nays.
Mayor McDougal recused himself.
2.4. This item was considered following Item 2.7.
2.5. This item was considered following Item 2.4.
2.6. Bond Ordinance Amendment First and Only Reading - Finance:
Ordinance No. 2006-00060 amending the City's ordinance providing for
the issuance of City of Lubbock, Texas, General Obligation Refunding
Bonds, Series 2006 and ratifying the purchase contract providing for the
sale of such bonds.
ORDINANCE NO.2006-00060
AN ORDINANCE AMENDING THE CITY'S ORDINANCE PROVIDING
FOR THE ISSUANCE OF CITY OF LUBBOCK, TEXAS, GENERAL
OBLIGATION REFUNDING BONDS, SERIES 2006 AND RATIFYING THE
PURCHASE CONTRACT PROVIDING FOR THE SALE OF SUCH BONDS
The City Council adopted ordinance #2006-00047 at the April 26, 2006, City
Council Meeting approving the issuance of General Obligation Refunding
Bonds. These bonds refunded the outstanding Tax and Municipal Drainage
Utility System Surplus Revenue Certificates of Obligation, Series 2001, to
achieve an interest rate savings.
This ordinance amends the adopted ordinance to comply with the results of
the May 11, 2006, bond sale. This amendment changes the price paid for the
bonds by the underwriter from 100% to 98.5%. The bonds were sold at a
discount in the bond markets based on the market conditions on the sale date.
In addition, the maximum maturity is being changed from 20 years to 25 years
because the final maturity of the bonds outstanding and refunded occurs in
2031.
FISCAL IMPACT
On May 11, 2006, the City issued $18.83 million in General Obligation
Refunding Bonds, Series 2006. The issuance resulted in a present value
savings of 2.502%, or $450,705. This is equivalent to an annual savings of
$30,000 to $35,000 to the Storm Water Fund.
This amendment to the original ordinance has no fiscal impact.
Staff recommended approval of the first and only reading of this ordinance.
Motion was made by Mayor Pro Tem Martin, seconded by Council Member
Gilbreath to pass on first and only reading Ordinance No. 2006-00060 as
recommended by staff. Motion carried: 7 Ayes, 0 Nays.
2.7. Election Resolution - City Secretary: Resolution No. 2006-RO224
canvassing the vote and declaring the results of the May 13, 2006 City of
Lubbock General Election and calling a Runoff Election if necessary.
RESOLUTION NO.2006-RO224
A RESOLUTION CANVASSING THE RETURNS AND DECLARING THE RESULT
OF THE GENERAL CITY ELECTION HELD MAY 13, 2006.
BE IT REMEMBERED THAT, on the 18th day of May, 2006, the City Council
of the City of Lubbock met at 7:00 o'clock a. in. at the regular meeting place of the City
Council in the City of Lubbock Municipal Building with the following members present,
to -wit:
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Special City Council Meeting
May 18, 2006
Page 480
Linda DeLeon
Gary Boren
Tom Martin
Marc McDougal
Jim Gilbreath
Phyllis Jones
Floyd Price
On Motion of Tom Martin , seconded by
Jim Gilbreath , it is unanimously carried that the returns of the
General City Election held May 13, 2006, for the election of a Mayor and three City
Council Members, as provided by law, be opened and canvassed, and the results of the
election be declared therefrom; and said returns having been duly canvassed, it is found
that the votes for the various candidates are as follows:
CANDIDATES FOR MAYOR
VOTES RECEIVED
Tom Martin ............................... 8,717
Gilbert John Montes II ....................... 404
Ysabel Luna ............................... 602
David Miller ............................... 10,819
Write-in Candidate .......................... 5
CANDIDATES FOR COUNCIL DISTRICT 1 VOTES RECEIVED
Victor Hernandez ........................... 587
Linda DeLeon .............................. 1,059 _
CANDIDATES FOR COUNCIL DISTRICT 3 VOTES RECEIVED
Gary Boren ............................... 2,523
Richard Quade ............................ 667
CANDIDATES FOR COUNCIL DISTRICT 5 VOTES RECEIVED
John Leonard ............................. 1509
Stephan Lampman .......................... 1,217
TOTAL VOTES CAST IN ELECTION 20.547
And it further appearing that said election was duly held as provided by law and
that the following persons received a majority of the votes of the sum total of votes cast
for each specified position:
POSITION
MAYOR
COUNCIL DISTRICT 1
COUNCIL DISTRICT 3
COUNCIL DISTRICT 5
PERSON RECEIVING MAJORITY VOTE
DAVID MILLER
LINDA DELEON
GARY BOREN
JOHN LEONARD
IT IS THEREFORE FOUND, DECLARED AND CERTIFIED BY THE CITY
COUNCIL OF THE CITY OF LUBBOCK:
THAT the persons named above as receiving the majority vote for a position are
duly elected to the office indicated.
PASSED, APPROVED AND ADOPTED ON MOTION OF Tom Martin ,
SECONDED BY Jim Gilbreath , THIS 18th DAY OF May, 2006.
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Special City Council Meeting
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COUNCIL MEMBERS VOTING AYE:
Linda DeLeon
Gary Boren
Tom Martin
Marc McDou ag_l
Jim Gilbreath
Phyllis Jones
Floyd Price
COUNCIL MEMBERS VOTING NAY:
XXXJ<* �C J�CX\X
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO FORM:
/ s/ Don Vandiver
Donald G. Vandiver, Attorney of Counsel
The governing body is required to canvass election results not earlier than the
third day or later than the eleventh day after Election Day. Each Council
Member will be provided with tabulation sheets showing the total number of
votes cast for each candidate, and the number of votes cast for each candidate
by precinct. The resolution will canvass the returns and declare the results of
the General Election for the Mayor and City Council Members for Districts 1,
3, and 5. If no candidate for a particular office receives more than 50 percent
of the votes cast for that office, a runoff election is required for that office.
FISCAL IMPACT
No fiscal impact anticipated.
The City Secretary recommended that the City Council accept the returns and
act favorably on the resolution, and that a runoff election be called if no
candidate for a particular office receives more that 50 percent of the votes cast
for that office. A runoff election was not necessary.
Motion was made by Mayor Pro Tern Martin, seconded by Council Member
Gilbreath to pass Resolution No. 2006-RO224 as recommended by staff.
Motion carried: 7 Ayes, 0 Nays.
2.4. Building Code Ordinance 2nd Reading - Building Inspection: Ordinance
No. 2006-00050 Consider an ordinance amending Chapter 6, Article II
of the Code of Ordinances titled "Building Code" to amend the 2003
International Building Code with regard to required fire suppression
systems in Group R occupancies.
ORDINANCE NO.2006-00050
AN ORDINANCE AMENDING CHAPTER 6, ARTICLE II, OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS ENTITLED "BUILDING
CODE" TO AMEND THE 2003 INTERNATIONAL BUILDING CODE WITH
REGARD TO REQUIRED FIRE SUPPRESSION SYSTEMS IN GROUP R
OCCUPANCIES; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
This amendment and the companion amendment to the International Fire
Code exempts R-2 apartment buildings of less than three stories in height
from the installation of automatic fire sprinkler systems.
Special City Council Meeting
May 18, 2006
Page 482
Staff met with the West Texas Home Builders Association liaison group and
their consultant to clarify issues and answer questions. In the meeting, it was
acknowledged that there had been no intent to include R-1 (hotels and motels)
occupancies in the exemption; only R-2 apartment buildings are a concern.
Therefore, the ordinance draft has been modified since first reading to include
only R-2 apartment occupancies less than three stories in height within the
exemption. It was also acknowledged that there was no interest in including
apartment buildings of three stories.
FISCAL IMPACT
No fiscal impact anticipated.
Fire Chief Steve Hailey, Building Inspector Steve O'Neal, and Fire Marshall
Mike Kemp, gave comments and answered questions from Council.
Motion was made by Mayor Pro Tern Martin, seconded by Council Member
Price to pass on second and final reading Ordinance No. 2006-00050 as
recommended by staff.
After further discussion, Mayor Pro Tern Martin and Council Member Price
withdrew their motion and second.
Consensus from Council was to continue this item until the next meeting.
2.5. Fire Code Ordinance 2nd Reading - Fire Department: Ordinance No.
2006-00051 Consider an ordinance amending Code of Ordinances,
Chapter 11, Article III, Section 11-84, Fire Code, to amend the 2003
International Fire Code with regard to required fire suppression systems
in certain Group R occupancies.
ORDINANCE NO.2006-00051
AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF
LUBBOCK, TEXAS, CHAPTER 11, ARTICLE III, ENTITLED "NATIONAL FIRE
CODES" AT SECTION 11-84 TO AMEND THE 2003 INTERNATIONAL FIRE
CODE WITH REGARD TO REQUIRED FIRE SUPPRESSION SYSTEMS IN GROUP
R OCCUPANCIES; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
This amendment and the companion amendment to the International Building
Code exempts certain R-2 (apartment) buildings of less than three stories in
height from the installation of automatic fire sprinkler systems.
Staff met with the liaison group from the West Texas Home Builders
Association to clarify issues and answer questions. As a result of that meeting,
three story apartments have not been included in this exemption because the
liaison group indicated that it was not a concern. In addition, hotels and
motels have been removed from the exemption based on input from the liaison
group.
FISCAL IMPACT
No fiscal impact anticipated.
Fire Chief Steve Hailey, Building Inspector Steve O'Neal, and Fire Marshall
Mike Kemp, gave comments and answered questions from Council.
Motion was made by Mayor Pro Tem Martin, seconded by Council Member
Price to pass on second and final reading Ordinance No. 2006-00050 as
recommended by staff.
After further discussion, Mayor Pro Tern Martin and Council Member Price
withdrew their motion and second.
Consensus from Council was to continue this item until the next meeting.
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1. 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 matters
and competitive matters of the public power utility, as provided by Subchapter
D of Chapter 551 of the Government Code, the Open Meetings Law."
7:45 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
Citv Council Conference Room
All council members were present, except Council Member Gilbreath.
I.I. 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) and take appropriate action.
1.2. Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.086, on the following competitive matters (Electric
Utilities):
1.2.1 to deliberate, vote and take final action on electric rates of
Lubbock Power and Light;
1.2.2 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
1.2.3 to discuss and deliberate a competitive matter regarding the
strategies, goals, funding and strategic purpose of the City of
Lubbock's relationship with and membership in the West Texas
Municipal Power Agency.
9:00 A. M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
Present: Mayor Marc McDougal; Council Member Gary O. Boren; Council
Member Linda DeLeon; Council Member Phyllis Jones; Council
Member Floyd Price; Lee Ann Dumbauld, City Manager; Anita
Burgess, City Attorney; and Rebecca Garza, City Secretary
Absent: Mayor Pro Tem Tom Martin and Council Member Jim Gilbreath
Mayor McDougal reconvened the meeting at 9:00 A. M.
3. PROCLAMATIONS AND PRESENTATIONS
3.1. Invocation by Dr. Jay Horton, First United Methodist Church.
3.2. Swearing -In Ceremony 9:00 a.m. - City Council: Swearing in of newly
elected Council Members. (Reception immediately followed.)
Swearing in of newly elected Council Members:
Council Member, District 1 — Linda DeLeon was sworn in by 72nd
District Court Judge Sam Medina.
Council Member, District 3 — Gary Boren was sworn in by Texas
Supreme Court Justice Phil Johnson.
Council Member, District 5 — John Leonard, III was sworn in by Texas
Supreme Court Justice Phil Johnson.
Mayor — David A. Miller was sworn in by Senator Robert Duncan
All newly elected members introduced their family and gave comments.
Outgoing Mayor, Marc McDougal, was presented with several mementos by
other members of the City Council. He gave comments.
Reception immediately followed.
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Page 484
9:50 A. M. COUNCIL ADJOURNED TO RECEPTION
There being no further business to come before Council, Mayor Miller
adjourned the meeting to the reception in Committee Room 103.
Read and approved this "/-3 day of i , 2008.
DAVID A. MILLER, MAYOR
ATTEST:
Rebec a Garza, City Secretary
. ; A