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HomeMy WebLinkAboutPACKET AUG 31 2004 jj City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS AUGUST 31,2004 7:00 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments Wanda Landry would be appointed to the Library Commission. The term would commence August 31, 2004 and expire August 30, 2006. (Mayor Pro Tern Becky Ames) Woftor City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS AUGUST 31,2004 7:00 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1-3/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider adopting a resolution 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 2. Consider approving a resolution adopting the City of Beaumont's Hazard Mitigation Action Plan 3. Consider scheduling a second public hearing on the FY 2005 Proposed Budget and Capital Improvement Program(CIP) on September 14, 2004 * PUBLIC HEARING: Receive comments relating to the 2004 (FY 2005) Proposed Tax Rate of$0.664 4. Consider setting and announcing September 14, 2004 as the date of the City Council meeting when the 2004 (FY 2005) Proposed Tax Rate will be voted on WORKSESSION * Review the FY 2005 Proposed Budget and Capital Improvement Program(CIP) * PUBLIC HEARING: Receive comments relating to the FY 2005 Proposed Budget and Capital Improvement Program (CIP) COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment (Persons are limited to 3 minutes) 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 Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Pat Buehrle at 880-3725 a day prior to the meeting. 1 August 31,2004 Consider adopting a resolution 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 Is~1...... Cit y of Beaumont �• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Lane Nichols, City Attorney MEETING DATE: August 31, 2004 AGENDA MEMO DATE: August 26, 2004 REQUESTED ACTION: Council consider adopting a resolution 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. RECOMMENDATION The administration recommends approval of a resolution 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. BACKGROUND On Wednesday,August 25, 2004, Entergy Gulf States,Inc. filed for a rate increase with the City of Beaumont and other cities in its Texas service 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 discussions 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 Dollars 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 about an increase of 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. MEETING DATE: August 31, 2004 MEMO DATE: August 26, 2004 RE: Entergy Gulf States,Inc. -Rate Filing It is recommended that the Council suspend for ninety(90)days the effective date for the adoption of the rates and authorize city to participate with other cities in the Entergy Gulf States' service area to hire attorneys and consultants to represent us in this matter. BUDGETARY IMPACT Cities are entitled to reimbursement of their reasonable rate case expenses for participating in or conducting a rate-making proceeding. We expect that as in the past the City of Beaumont will be reimbursed for any expenses it incurs in this matter. PREVIOUS ACTION None. SUBSEQUENT ACTION Depending on the progress made in the case, the council may be called upon to enact a settlement ordinance enacting new rates for the company or you may be asked to enact an ordinance establishing rates for the company which likely, if they were not agreed to by the company, would be appealed to the Public Utilities Commission. RECOMMENDED BY City Manager and the City Attorney. 2 August 31,2004 Consider approving a resolution adopting the City of Beaumont's Hazard Mitigation Action Plan U`s~ City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: August 31, 2004 AGENDA MEMO DATE: August 24, 2004 REQUESTED ACTION: Council approve a resolution adopting the City of Beaumont's Hazard Mitigation Action Plan. RECOMMENDATION Administration recommends approval of a resolution adopting the City of Beaumont's Hazard Mitigation Action Plan. BACKGROUND The Federal Emergency Management Agency(FEMA)has implemented hazard mitigation planning regulations as a part of the Disaster Mitigation Act of 2000. These provisions provide new federal requirements for mitigation planning and offer a significant opportunity to reduce disaster losses through mitigation planning at both the State and local government. These new regulations impact the City's eligibility to participate in federally funded hazard mitigation programs. 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. References are made in the Beaumont MAP to the Regional MAP for information on the roles, responsibilities and the composition of the regional planning efforts. Upon 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. BUDGETARY IMPACT 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 expenditures for public awareness and disaster preparedness programs. Additionally, matching funds may be required for mitigation actions after future natural disaster events. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Public Works Director HazardMitigationActionPlanAdoption.wpd August 24,2004 3 August 31,2004 Consider scheduling a second public hearing on the FY 2005 Proposed Budget and Capital Improvement Program(CIP) on September 14, 2004 70J-J Cit of Beaumont Council Agenda Item 'M TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Andrea S. Deaton, Budget Officer MEETING DATE: August 31, 2004 AGENDA MEMO DATE: August 27, 2004 REQUESTED ACTION: Schedule a public hearing on the FY 2005 Proposed Budget and Capital Improvement Program(GIP). RECOMMENDATION It is recommended that Council schedule a public hearing on September 14, 2004 on the FY 2005 Proposed Budget and CIP. BACKGROUND The FY 2005 Proposed Budget was submitted to Council on August 10,2004 and the CIP was submitted on May 11, 2004. BUDGETARY IMPACT The proposed FY 2005 Budget appropriation for all funds, net of 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. PREVIOUS ACTION The FY 2005 Proposed Budget was submitted to Council on August 10,2004 and at that time the Council set a public hearing for August 31,2004.The City Charter requires notice to be published not less than 7 days ofthe place and time ofthe hearing.Due to a communication failure at the newspaper,the notice was not published as required causing the rescheduling of the public hearing. Council Agenda Item Page 2 August 31, 2004 SUBSEQUENT ACTION A public hearing will be held on the date Council schedules.The City Clerk will publish the notice ofthe public hearing in accordance with the Charter.If the appropriations increase,another public hearing must be held.The target date for adoption ofthe Budget is September 14,2004. However,it must be adopted no later than September 27, 2004. RECOMMENDED BY: City Manager and Finance Officer. 4 August 31, 2004 Consider setting and announcing September 14, 2004 as the date of the City Council meeting when the 2004 (FY 2005) Proposed Tax Rate will be voted on City of Beaumont NNN Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Andrea S. Deaton, Budget Officer MEETING DATE: August 31, 2004 AGENDA MEMO DATE: August 27, 2004 REQUESTED ACTION: Hold a public hearing on the 2004 (FY 2005)Proposed Tax Rate of $0.664 and set and announce the date of the meeting at which the City Council will vote on the tax rate. RECOMMENDATION It is 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. BACKGROUND 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 total tax revenue from 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. BUDGETARY IMPACT 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. PREVIOUS ACTION 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. Council Agenda Item Page 2 August 31, 2004 SUBSEQUENT ACTION The City Clerk will publish the required Notice to Vote on Tax Rate which will include the date, time and location of the meeting as well as the percentage increase in total revenues based on the rate established by Council at the end of the public hearing. As required by the Property Tax Code, the meeting to vote on the tax rate must take place no less than three days and no more than 14 days after the public hearing or the Notice to Vote on Tax Rate with revised date,time and location must be republished. The recommended date to adopt the tax rate is September 14, 2004. The FY 2005 Budget must be adopted before the vote on the tax rate. Both can be done at the same meeting as long as the budget is adopted first. RECOMMENDED BY City Manager and Finance Officer. WORKSESSION Review the FY 2005 Proposed Budget and Capital Improvement Program (CIP)