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Home My WebLink AboutMIN AUG 31 2004 M I N U T E S - CITY OF BEAUMONT Lulu L. Smith EVELYN M. LORD, MAYOR Nancy Beaulieu Andrew P. Cokinos CITY COUNCIL MEETING Becky Ames, Mayor Pro Tern Bobbie J. Patterson August 31,2004 Audwin Samuel Lane Nichols, City Attorney Kyle Hayes, City Manager Rose Ann Jones, City Clerk The City Council of the City of Beaumont,Texas, met in a regular session on August 31,2004, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 7:00 p.m. to consider the following: OPENING Invocation Pledge of Allegiance Roll Call Presentations and Recognition Public Comment: Persons may speak on scheduled agenda items 1-3,4/Consent Agenda Consent Agenda Mayor Lord called the council meeting to order at 7:00 p.m. Lane Nichols,City Attorney gave the invocation. Kirby Richard, Director of Internal Services led the Pledge of Allegiance. Roll call was made by Rose Ann Jones, City Clerk. Present atthe meeting were Mayor Lord,Councilmembers Smith, Beaulieu,Cokinos, Patterson and Samuel. Absent: Mayor Pro Tern Ames. Also present were Kyle Hayes, City Manager; Lane Nichols, City Attorney; Rose Ann Jones, City Clerk. Proclamations, Presentations, Recognitions Jim Ferrell and Chris Colletti of YMBL presented a check in the amount of approximately $242,000 to the City for the use of the Fair Park grounds Public Comment: Persons may speak on scheduled agenda items 1-3, 4/Consent Agenda. None CONSENT AGENDA Approval of minutes- Minutes of August 24, 2004 Confirmation of committee appointments - Wanda Landry was appointed to the Library Commission. The term commences August 31, 2004 and will expire August 30, 2006 (Mayor Pro Tern Becky Ames) - Resolution 04-196 Minutes-August 31,2004 CouncilmemberCokinos moved to approve the Consent Agenda. Councilmember Beaulieu seconded the motion. AYES: MAYOR LORD, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider adopting a resolution suspending for 90 days the effective date for the adoption of rates for Entergy Gulf States, I nc. and authorizing the participation of the City of Beaumont with other cities in the service area in proceedings before the Public Utilities Commission concerning the rate filing - Resolution 04-197 Administration recommends approval of a resolution as stated. Lane Nichols, City Attorney explained the effect the rate increase filed by Entergy could have on the City. On Wednesday,August 25,2004, Entergy Gulf States, Inc. filed for a rate increase with the City of Beaumont and other cities in the Texas area. Simultaneously Entergy Gulf States filed with the Public Utilities Commission of Texas. Prior to this rate filing, the company instituted a meeting with interested cities to go over the details of their proposed rate filing. They stated at that meeting that they were very interested in settlement with the cities and other interveners with the hope that the matter might be settled short of litigation before the Public Utilities Commission. The rate filing amounts to an impact of approximately a Sixty-Eight Million Dollar increase which would be about 14.9%system wide. Any increase resulting from this filing would be spread to all the customer classes, so it is impossible to know what the final impact might be; however, it could range from an increase of about 19.2% per residential customer to about 6% for large industrial power service customers. Were the City of Beaumont to take no action on this matter,the rate increase would go into effect September 29, 2004. Cities are entitled to reimbursement of their reasonable rate case expenses for participating in orconducting a rate-making proceeding. We expectthat as in the past the City of Beaumont will be reimbursed for any expenses it incurs in this matter. Councilmember Cokinos moved to APPROVE RESOLUTION 04-197 SUSPENDING FOR 90 DAYS THE EFFECTIVE DATE FOR THE ADOPTION OF RATES FOR ENTERGY GULF STATES, INC. AND AUTHORIZING THE PARTICIPATION OF THE CITY OF BEAUMONT WITH OTHER CITIES IN THE SERVICE AREA IN PROCEEDINGS BEFORE THE PUBLIC UTILITIES COMMISSION CONCERNING THE RATE FILING. Councilmember Smith seconded the motion. AYES: MAYOR LORD, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL Page 2 of 6 Minutes-August 31,2004 NAYS: NONE MOTION PASSED 2. Consider approving a resolution adopting the City of Beaumont's Hazard Mitigation Action Plan - Resolution 04-198 Administration recommended approval of the City of Beaumont's Hazard Mitigation Action Plan. The Federal Emergency Management Agency (FEMA) has implemented hazard mitigation planning regulations as part of the Disaster Mitigation Act of 2000. In the spring of 2003,the South East Texas Regional Planning Commission(SETRPC) contracted with J. F. Thompson, Inc. of Houston, Texas, in association with Lamar University, to work with SETRPC and seven local jurisdictions, including the City of Beaumont,in developing this natural hazard Mitigation Action Plan(MAP). This plan has been developed to meet the state and federal requirements related to the Disaster Mitigation Act of 2000, and its purpose is to reduce the potential for loss of life and property that could result from a future disaster event. With approval of Beaumont's MAP by City Council, the Regional and the local jurisdictions' MAPs will be forwarded to the State and FEMA for final approval. The MAPs must be approved by FEMA prior to November 2004, for the area to receive federal funding for future natural disaster events. Although the adoption of Beaumont's Mitigation Action Plan does not require the expenditure of funds,the proposed mitigation actions in the plan will require minimal annual expenditure for public awareness and disaster preparedness programs. Additionally,matching funds may be required formitigation actions afterfuture natural disaster events. Councilmember Smith moved to APPROVE RESOLUTION 04-198 TO ADOPT THE CITY OF BEAUMONT'S HAZARD MITIGATION ACTION PLAN. Councilmember Cokinos seconded the motion. AYES: MAYOR LORD, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 3. Consider scheduling a second public hearing on the FY 2005 Proposed Budget and Capital Improvement Program (CIP) on September 14, 2004 - Resolution 04-199 It was recommended that Council schedule a public hearing on September 14,2004 on the FY 2005 Proposed Budget and CIP. The FY 2005 Proposed Budget was submitted to Council on August 10,2004 and the CIPwas submitted on May 11,2004. Page 3 of 6 Minutes-August 31,2004 The proposed FY 2005 Budget appropriation for all funds, net contingency, totals $164,767,900. Projects classified as current in the FY 2005 CIP total$58,848,000 and include $52,755,000 in Public Works Improvements and $6,093,000 in General Improvements. Councilmember Smith moved to APPROVE RESOLUTION 04-199 TO SET A PUBLIC HEARING TO CONSIDER THE FY 2005 PROPOSED BUDGET AND THE CAPITAL IMPROVEMENT PROGRAM(CIP)BY THE CITY OF BEAUMONT TO BE HELD SEPTEMBER 14,2004,AT 1:30 P.M.IN THE CITY COUNCIL CHAMBERS. Councilmember Beaulieu seconded the motion. AYES: MAYOR LORD, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED *PUBLIC HEARING: Receive comments relating to the 2004 (FY 2005) Proposed Tax Rate of$0.664 Open: 7:14 p.m. Close: 7:16 p.m. No citizens spoke at this public hearing. 4. Consider setting and announcing September 14,2004 as the date of the City Council Meeting when the proposed 2004 (FY 2005) Proposed Tax Rate will be voted on - Resolution 04-200 Itwas recommended that Council hold a public hearing as scheduled on the 2004(FY 2005)Proposed Tax Rate of$0.664. In accordance with the Property Tax Code,the Council must also set and announce the date of the meeting at which it will vote on the tax rate. The recommended date to adopt the tax rate is September 14, 2004. Chapter 26 of the Property Tax Code requires taxing units to comply with truth-in- taxation laws in adopting their tax rate. A Notice of Public Hearing of Tax Increase was published August 24, 2004 regarding the proposal to increase tax revenue for properties on the tax roll by 7.79%. This increase is related to the appraised value,as there is a decrease in the tax rate of$0.006 proposed. The percent change to the homeowner is dependent on their taxable value. Applying the proposed tax rate of $0.664, and a 97% collection rate, budgeted revenues of $16,766,000 and $12,574,000 respectively to the General and Debt Service Funds are anticipated. The total rate of$0.664 is apportioned$0.381267 to the General Fund and $0.282733 toward Debt Service. On August 17,2004, City Council took a record vote to place the proposal to adopt a tax rate of$0.664 on the agenda of a future meeting. The motion passed and a public hearing was scheduled for August 31, 2004. Page 4 of 6 Minutes-August 31,2004 Councilmember Cokinos moved to APPROVE RESOLUTION 04-200 THAT THE CITY COUNCIL MEETING TO BE HELD SEPTEMBER 14, 2004 , THE COUNCIL WILL CONSIDER VOTING ON THE PROPOSED TAX RATE FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2004. Councilmember Patterson seconded the motion. AYES: MAYOR LORD, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED WORKSESSION Review the Proposed Budget and Capital Improvement Program (CIP) City Manager,Kyle Hayes presented a slide show presentation outlining the proposed FY 2005 Budget. PUBLIC HEARING: Receive comments relating to the FY 2005 Proposed Budget and Capital Improvement Program (CIP) Open: 7:38 p.m. Close: 7:43 p.m. Fred Gosling 60 Langham Road Beaumont Would like the city to consider adjusting the franchise fee for Time Warner so that it would not be taxable COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH - NONE COUNCILMEMBER BEAULIEU - NONE COUNCILMEMBER COKINOS - NONE MAYOR PRO TEM AMES - ABSENT COUNCILMEMBER SAMUEL - SUPPORTS THE PLANS TO IMPROVE VISUAL APPEARANCE OF THE CITY AND WOULD LIKE THE NORTH BEAUMONT AREA ESPECIALLY ALONG MAGNOLIA AVENUE TO BE INCLUDED; THANKED THE CITY MANAGER FOR THE IMPROVEMENTS OF THE INCREASED MOWING OF THE EMPTY LOTS AND CITY PARKS OVER PAST YEARS Page 5 of 6 Minutes-August 31,2004 COUNCILMEMBER PATTERSON - NONE CITY MANAGER HAYES - PLANS ARE IN PLACE TO INITIATE AN ENVIRONMENTAL COURT WHICH WOULD MEET EVERY WEEK TO HEAR CITIZENS PROBLEMS AND CONCERNS; A SPECIAL THANK YOU WAS GIVEN TO THE FINANCE DEPARTMENT FOR THE EXCELLENT WORK AND COOPERATION THEY HAVE DONE THIS YEAR CITY ATTORNEY NICHOLS - NONE MAYOR LORD - NONE Public Comments (Persons are limited to three minutes) Dean Tucker 2570 Laurel Avenue Beaumont TX Spoke on the idea that destructive thought patterns do little to enhance our community and affect people's judgement when making important decisions Executive Session was not necessary; therefore not held. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Penni Simonson, et al v. City of Beaumont There being no Executive Session, Council adjourned at 7:58 p.m. Audio tapes are available upon request in the City Clerk's Office. Evelyn M. L rd, Mayor l Rose Ann Jones, TRMCU City Clerk Page 6 of 6 Minutes-August 31,2004