HomeMy WebLinkAboutMinutes - City Council - Special - 8/31/2006CITY OF LUBBOCK
SPECIAL CITY COUNCIL MEETING
August 31, 2006
3:00 P. M.
The City Council of the City of Lubbock, Texas met in special session on the 31st
day of August, 2006, in the City Council Chambers, first floor, City Hall, 1625 13th
Street, Lubbock, Texas at 3:00 P. M.
3:05 P.M. CITY COUNCIL CONVENED
City Council Chambers, 1625 13th Street, Lubbock, Texas
Present: Mayor David A. Miller, Mayor Pro Tent Jim Gilbreath, Council
Member Gary O. Boren, Council Member Linda DeLeon, Council
Member Phyllis Jones, Council Member John Leonard, Council
Member Floyd Price
Absent: No one
■ Invocation was given by Mayor Miller.
■ Pledge of Allegiance
Pledge of Allegiance was given in unison by those in the City Council Chambers
to both the United States flag and the Texas flag.
1. EXECUTIVE SESSION was not considered in this session.
I.I. 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;
1.1.3 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.
2. PUBLIC HEARING
2.1. Budget Public Hearing - 3:00 p.m. Hold a public hearing on the proposed
FY 2006-07 Operating Budget and Capital Improvement Program.
Mayor Miller opened the public hearing at 3:09 p. in. Anesha Majeed, Helen
Holley, Sam `Bo" Harris, Connie Hindman, Eddie Kirkpatrick, Christina
Cavarrubio, Davis Price, Leann Lamb -Vines, Josie Sulaica, Daryl Vines,
Susan Barrick, Andy Hutchison, Bob Terrell, Wayne Holder, Ashli
Poindexter, Mikel Ward, Tess Trost, Mike Homer, Linda Gillespie, Norma
Jean Morris, Brian Thornton, David Hargrove, Bradford Jackson, Will
Weathersby, Lois S. Cenance, Todd Klein, Roger Settler, Denette Sweeney,
Jim Phiffer, Christy Martinez, and Bill de Tournillon appeared to address the
proposed FY 2006-07 Operating Budget and Capital Improvement Program
and the proposed tax increase. Mayor Miller recessed the hearing at 4:15
p. M.
Mayor Miller reconvened the Public Hearing at 5:40 p.m. There were no
citizens to speak, and the Public Hearing was closed at 5:43 p.m.
A public hearing had been posted and notices had been published as required
by state law to allow citizens an opportunity to comment on the proposed FY
2006-07 budget.
Special City Council Meeting
August 31, 2006
A budget was filed with the City Secretary's Office as required by state law
on July 25, 2006.
The proposed budget complies with all legal requirements and all mandatory
notices have been published.
FISCAL IMPACT
The fiscal impact is unknown until the budget is adopted.
2.2. Tax Rate Public Hearing - 3:00 p.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 2.38% (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 3:09 p. in. Anesha Majeed, Helen
Holley, Sam `Bo" Harris, Connie Hindman, Eddie Kirkpatrick, Christina
Cavarrubio, Davis Price, Leann Lamb -Vines, Josie Sulaica, Daryl Vines,
Susan Barrick, Andy Hutchison, Bob Terrell, Wayne Holder, Ashli
Poindexter, Mikel Ward, Tess Trost, Mike Homer, Linda Gillespie, Norma
Jean Morris, Brian Thornton, David Hargrove, Bradford Jackson, Will
Weathersby, Lois S. Cenance, Todd Klein, Roger Settler, Denette Sweeney,
Jim Phiffer, Christy Martinez, and Bill de Tournillon appeared to address the
proposed FY 2006-07 Operating Budget and Capital Improvement Program
and the proposed tax increase. Mayor Miller recessed the hearing at 4:15
p. in.
Mayor Miller reconvened the Public Hearing at 5:40 p.m. There were no
citizens to speak, and the Public Hearing was closed at 5:43 p.m.
A public hearing had been posted and notices had been published as required
by state law to allow taxpayers an opportunity to comment on the proposed
tax rate.
A property tax rate decrease of $0.002 is proposed, reducing the property tax
from $0.4472 to $0.4452 per $100 valuation. The tax rate is distributed as
follows:
General Fund Maintenance and Operations = $0.34395
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, 2006. The fiscal impact of that decision is unknown until the
tax rate is chosen and adopted.
3. WORK SESSION
3.1. This item was considered following Item 4.1.
4. REGULAR AGENDA
4.1. Special Ceremony Resolution - City Attorney's Office: Resolution No.
2006-RO416 for the City Council to express its approval and support for
proposed special ceremony on September 8, 2006, at Kastman Park to
honor and remember the 2,998 victims of the September 11, 2001
terrorist attack against the United States, and to honor the First
Responders of Lubbock and the surrounding area.
RESOLUTION NO. 2006-RO416
WHEREAS, American State Bank, partnering with the Lubbock Independent
School District and the City of Lubbock, desires to again honor and remember the
victims of the September 11, 2001, terrorist attacks on the United States; and
WHEREAS, the State of Texas has declared September I11h to be First
Responders' Day and the City of Lubbock desires to recognize both the role of First
Responders in the September 11, 2001 terrorist attack and the outstanding contributions
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of our local First Responders each and every day in Lubbock, Texas, by honoring them in
a special ceremony; and
WHEREAS, this year's ceremonies will be observed Friday, September 8, 2006,
with a field of 2,998 American flags, a reading of the names of the victims and a
performance by the LISD 5th grade all school choir in honor of the victims of September
11, 2001 and West Texas First Responders; and
WHEREAS, the City Council of the City of Lubbock finds it to be in the public
interest of the citizens of Lubbock and a public purpose to support the special ceremonies
remembering the victims of the September 11, 2001, terrorist attacks on the United States
and honoring the First Responders of Lubbock and the surrounding area; NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby expresses its approval and
support for the proposed Ceremony on September Bch at Kastman Park to honor and
remember the 2,998 victims of the September 11, 2001 terrorist attacks and acknowledge
and thank the First Responders of Lubbock and the surrounding area with a special
ceremonial event.
The City Council hereby approves and authorizes the use of Kastman Park and
City equipment, including fire trucks and LP & L equipment, and City staff in
cooperation with American State Bank and Lubbock Independent School District in the
planning and conducting of the commemorative ceremonies for 9-11 victims and First
Responders on September 8, 2006.
Passed by the City Council this 31s' day of August, 2006.
/s/David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Claude T. Jones
Claude Jones, Chief of Police
APPROVED AS TO FORM:
/s/ Anita E. Burgess
Anita E. Burgess, City Attorney
American State Bank, Lubbock Independent School District, and the City of
Lubbock desire to honor and remember the 2,998 lives that were lost in the
September 11, 2001 terrorist attack on the United States with appropriate
ceremonies during the evening of September 8, 2006, at Kastman Park.
September IIth is Texas First Responders' Day and the City desires to
commemorate and honor the outstanding contributions of the First Responders
of Lubbock and the surrounding areas.
Emergency Operations Center, Fire Department, Police Department, City
Attorney, City Manager, LP & L, and Parks and Recreation will provide
assistance for this event.
Miscellaneous equipment of the Parks Department, Fire Department, Police
Department and LP & L will be used to facilitate the ceremony at Kastman
Park.
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FISCAL IMPACT
In -kind funding is included in the operating budgets of participating
departments.
Greg Jones from American State Bank gave comments and answered
questions from Council.
Motion was made by Mayor Pro Tem Gilbreath, seconded by Council
Member Jones to pass Resolution No. 2006-RO416 as recommended by staff.
Motion carried: 7 Ayes, 0 Nays.
4.2 This item was considered following Council reconvening at 5:40
4.3. This item was considered following Item 4.2.
4.4. This item was considered following Item 4.3.
3. WORK SESSION
3.1. Red Light Camera Enforcement Presentation - Jere Hart P.E., Traffic
Engineer.
Jere Hart, Traffic Engineer, gave a presentation on red light cameras, which
included statistical data from the Lubbock Police Department. Hart explained
how the technology works. He also presented some comparison data from
Garland, Texas. Hart concluded that red light camera enforcement is the most
effective method of decreasing serious public safety threat in Lubbock, the
rearview vehicle pictures do not invade people's privacy, 79% of public
supports it nationwide, and it is an effective means of helping to fund public
safety needs. Hart then answered questions from Council.
FISCAL IMPACT
Current estimates reflect revenues of approximately $1.5 million utilizing red
light cameras at 12 intersections.
5:05 P. M. CITY COUNCIL RECESSED
5:40 P. M. CITY COUNCIL RECONVENED
Mayor Miller reconvened the Public Hearing on Items 2.1 and 2.2. There
were no citizens to speak. Mayor Miller closed the Public Hearing at 5:43
p.m.
4.2. Ordinance Amendment 1st Reading - Finance: Ordinance No.
2006-00096 amending subsections 23-21 (b) and 23-66(a) of the Code of
Ordinances revising solid waste rates.
ORDINANCE NO. 2006-00096
AN ORDINANCE AMENDING CHAPTER 23 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING
SUBSECTIONS 23-21(b) AND 23-66(a) OF THE CODE OF ORDINANCES OF THE
CITY OF LUBBOCK BY REVISING SOLID WASTE COLLECTION RATES AS
CONTAINED THEREIN: PROVIDING A SAVING CLAUSE AND PROVIDING FOR
PUBLICATION.
The FY 2006-07 Proposed Operating Budget includes a rate increase in the
Solid Waste Fund to fund operations and capital programs. The proposed fee
increases are:
Monthly collection rates increase of $1.50.
Tipping fee per ton increase of $1.50.
FISCAL IMPACT
Fee increases support various services and programs. If the fee increases are
not approved, the budget will be reduced accordingly.
Lee Ann Dumbauld, City Manager; Andy Burcham, Director of Fiscal Policy
and Strategic Planning; and Victor Kilman, Director of General Services, gave
comments and answered questions from Council.
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Motion was made by Mayor Pro Tern Gilbreath, seconded by Council
Member Jones to pass on first reading Ordinance No. 2006-00096 as
recommended by staff. Motion carried: 7 Ayes, 0 Nays.
4.3. Ordinance Amendment 1st Reading - Finance: Ordinance No.
2006-00097 amending sections 28-52 and 28-53 of the Code of
Ordinances revising water rates.
ORDINANCE NO.2006-00097
AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING SECTIONS
28-52 AND 28-53 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK
BY REVISING WATER RATES AS CONTAINED THEREIN: PROVIDING A
SAVING CLAUSE AND PROVIDING FOR PUBLICATION.
FY 2006-07 Proposed Operating Budget includes an 11 % rate increase in the
Water Fund to fund operations and capital programs.
FISCAL IMPACT
Fee increases support various services, programs, and capital expenditures. If
the fee increase is not approved, the budget will be reduced accordingly.
City Manager Lee Ann Dumbauld gave comments and answered questions
from Council.
Motion was made by Mayor Pro Tem Gilbreath, seconded by Council
Member Jones to pass on first reading Ordinance No. 2006-00097 as
recommended by staff. Motion carried: 7 Ayes, 0 Nays.
4.4. Budget Adoption Ordinance 1st Reading - Finance: Ordinance No.
2006-00098 adopting the FY 2006-07 Operating Budget and Capital
Improvement Program.
ORDINANCE NO.2006-00098
AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR FISCAL
YEAR 2006-07; PROVIDING FOR NECESSARY TRANSFERS TO FUNDS
BETWEEN ACCOUNTS AND DEPARTMENTS, IF REQUIRED; APPROPRIATING
FUNDS FOR THE 2006-07 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 2006-07
Operating Budget and Five Year Forecast and the FY 2006-07 Capital
Improvement 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
$0.47985 per $100 valuation. Agenda item 4.5 is for the approval of the
property tax rate. The rate proposed by the City Council is $0.4452 per $100
valuation. A balanced budget must be approved by the City Council. In order
to balance the budget, the City Manager's budget will need to be adjusted to
meet the proposed rate, the tax rate will need to be raised, or a combination of
both alternatives will need to be considered.
The ordinance will be placed on the Wednesday, September 13 City Council
agenda for the second reading and adoption of the budget.
FISCAL IMPACT
Impact outlined in FY 2006-07 Proposed Budget.
Motion was made by Mayor Pro Tern Gilbreath, seconded by Council
Member Jones to pass on first reading Ordinance No. 2006-00098 with the
following changes:
In the General Fund, increase revenue by S 1,850,000 as follows:
1. $1.5 million for fines associated with red light camera enforcement.
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2. $250,000 in sales tax from annexation of the "strip".
3. $100,000 in fee increases from parks, libraries and civic centers.
In the General Fund, increase expenditures by $1,699,023 as follows:
1. Add 2 grant -funded Health Educators.
2. $50,000 for 2 new positions in Health Department.
3. $417,802 for 9 additional Fire Fighters.
4. $131,311 for 6 additional positions to Police Records.
5. $225,808 for 6 additional Public Safety Dispatchers.
6. $469,980 for 27 additional Police Officers.
7. $22,721 for 1 Computer Lab Assistant in Parks.
8. $250,000 for maintenance of Parks.
9. $131,401 for 3 additional positions added to Building Inspection.
In the General Fund, increase transfers out by $400,000 as follows:
1. Transfer $400,000 to Citibus to maintain current level of service.
In the General Fund, reduce expenditures by $2,507,708 as follows:
1. Savings of $1,592,708 in personnel attrition to occur throughout FY
2006-07.
2. Savings of $265,000 through elimination of 5 vacant positions.
3. Savings of $250,000 in fuel cost associated with change in take-
home vehicle policy.
4. Savings of $400,000 in change to cost of living adjustment,
providing a $1,200 raise per employee.
In the Transit Fund, increase expenditures by $700,000 to maintain current
service levels.
In the Transit Fund, increase revenues by $700,000 to maintain current
service levels.
1. Increase City operating assistance by $400,000.
2. Carry forward $300,000 from prior year funding to FY 2006-07.
In the Electric Fund:
1. Increase revenues by $1,012,729 for the transfer from the General
Fund for Street Lighting Operations and maintenance.
2. Reduce expenditures in the Capital Improvement Program by
$635,000 as further revised by the City Council in Executive Session
relating to competitive matters of the City-s electric utility, LP&L.
3. Increase Operating Expenditures by $335,000 as further revised by
the city Council in Executive Session relating to competitive matters
of the city's electric utility, LP&L.
Council Member Boren offered an amendment, to the motion, as follows:
In the General Fund:
1. Increase the General Fund revenues from $250,000 in sales tax from
the annexation of the "strip" to $878,000, which represents not only
the $250,000 from the annexation, but it represents the increased
sales tax revenue city-wide from our sales tax profit center.
2. Increase the revenue from franchise fees by $133,000.
3. Increase fines and forfeitures by $223,000.
On the expenditure side:
1. Reinstate dental insurance at a cost of $695,574.
2. Do not require employees to pay the 20% insurance premium that
has been calculated at $403,000.
3. Add an additional $190,000 to the Fire Fighters compensation.
Mayor Miller asked Council Member Boren if those increases in revenue are
an offset of the increase in expenses. Council Member Boren stated that they
were not. We are in deficit of approximately $304,574. He also said that, He
also said that, according to the budget adoption ordinance that has been
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offered up, we have $400,000 of "cushion" or of balance left over, and he
would apply the $304,574 against that balance, leaving us at approximately
$100,000 in the "black."
Council Member Leonard seconded Council Member Boren's amendment.
City Manager Lee Ann Dumbauld gave comments and answered questions
from Council. Council Member Boren asked the Mayor if this amendment
does not pass this meeting, could it possibly be brought back to the next
meeting.
Council Member Leonard offered a challenge to Council that if they don't
believe our revenue expectations will be higher than presented in the budget,
then use any excess revenue that comes in over the course of the next year to
rebate back to the citizens.
After further discussion, vote was taken on Council Member Boren's
amendment, which failed: 2 Ayes, 5 Nays. Mayor Miller, Mayor Pro Tem
Gilbreath, and Council Members Price, DeLeon, and Jones voted Nay.
Discussion was then had on the original motion made by Mayor Pro Tem
Gilbreath and seconded by Council Member Jones.
Council Member Leonard offered a "friendly" amendment to the original
motion and it was accepted, to reallocate the money in the Capital
Improvement Program that was set aside for brick streets and use it for
non -brick streets (seal -coating, repairs, etc.). City Manager Dumbauld
explained the process of how to apply that money. City Attorney Anita
Burgess gave comments and answered questions from Council.
Vote was then taken on the original motion (including Leonard's "friendly"
amendment), which carried: 7 Ayes, 0 Nays.
4.5. Tax Levy Ordinance 1st Reading - Finance: Ordinance No. 2006-00099
setting the tax rate and levying a tax upon all property subject to taxation
within the City of Lubbock for the year 2006.
ORDINANCE NO.2006-00099
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 2006; 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 2006-07. The budget ordinance must be considered prior to the ordinance
adopting the levying of a tax rate. The ordinance will be placed on the
Wednesday, September 13th City Council agenda for the second reading and
adoption of the budget.
This ordinance incorporates the tax rate as proposed by the City Council.
Agenda item 4.4 contains the City Manager's proposed budget which is based
on a property tax rate of $0.47985 per $100 valuation. A balanced budget
must be approved by the City Council. In order to balance the budget, the City
Manager's budget will need to be adjusted to meet the proposed rate, the tax
rate will need to be raised, or a combination of both alternatives will need to
be considered.
A property tax rate decrease is proposed. A decrease of $0.002 is proposed
decreasing the property tax from 0.4472 to 0.4452 per $100 valuation. The tax
rate is distributed as follows:
General Fund Maintenance & Operations $0.34395
Debt Service $0.07125
Economic Development $0.03000
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August 31, 2006
FISCAL IMPACT
The tax rate will be adopted at the City Council Meeting scheduled for
September 13, 2006. The fiscal impact of that decision is unknown until the
tax rate is chosen and adopted.
City Manager Lee Ann Dumbauld asked Andy Burcham, Director of Fiscal
Policy and Strategic Planning, to explain what the Lubbock Truth in Taxation
action meant. Burcham gave comments and answered questions from
Council. Council Member Leonard asked what inflation rate we use and
suggested going back to the prior practice of looking at both the local and
national inflation rates and using the lower rate. Mayor Miller asked City
Manager Dumbauld to get him figures on the lower rate. Ms. Dumbauld then
gave comments.
Motion was made by Council Member Jones, seconded by Mayor Pro Tern
Gilbreath to move that property taxes be increased by the adoption of a tax
rate of 46.199 cents, and pass on first reading Ordinance No. 2006-00099.
Motion carried: 7 Ayes, 0 Nays.
6:56 P. M. COUNCIL ADJOURNED
There being no further business to come before Council, Mayor Miller stated,
"the meeting at which the City Council will vote on the tax rate will be
September 13, 2006 at 9:30 a.m. in the City Council Chambers." He then
adjourned the meeting.
Read and approved this day ofL4?t�L—t2008.
Jim Gilbreath, Mayor Pro Tern
ATTEST:
Reb cca Garza, City Secretary -*,-6
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