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HomeMy WebLinkAboutMIN AUG 29 2006 M I N U T E S - CITY OF BEAUMONT Andrew P. Cokinos, At-Large GUY N. GOODSON, MAYOR Becky Ames, At-Large Lulu L. Smith,Ward I CITY COUNCIL MEETING Nancy Beaulieu, Mayor Pro Tern,Ward II Audwin Samuel,Ward III August 29, 2006 Bobbie J. Patterson,Ward IV Tyrone E. Cooper, 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 29, 2006, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 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 7-12/Consent Agenda Consent Agenda Mayor Goodson called the council meeting to order at 1:30 p.m. Pastor Jerry Lenten of the Christ Covenant Church gave the invocation. Mayor Goodson led the Pledge of Allegiance. Roll call was made by Rose Ann Jones, City Clerk. Present at the meeting were Mayor Goodson, Mayor Pro Tern Beaulieu, Councilmembers Smith, Cokinos, Ames, Samuel and Patterson. Absent: Councilmember Cokinos. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Rose Ann Jones, City Clerk. Proclamations, Presentations, Recognitions "Julie Rogers "Gift of Life" Prostate Cancer Awareness Month in Beaumont" - September, 2006 - Proclamation read by Councilmember Dr. Smith; accepted by Norma Sampson with the "Gift of Light" Program, also making remarks were Sam Lord, Sam Verdi, Jim Nichols, John Rainey, Harold Stewart "Communities in Schools Day" - August 29„ 2006 - Proclamation read by Mayor Pro Tern Beaulieu; accepted by Patty Williams, Executive Director of Communities in Schools Southeast Texas, Inc. James Eli, President of Longshoremen Association, Local 21 made an announcement inviting the Mayor, Councilmembers to their Labor Day picnic Public Comment: Persons may speak on scheduled agenda items 7-12/Consent Agenda. None CONSENT AGENDA Approval of minutes - Minutes of August 22, 2006 Minutes-August 29,2006 Confirmation of committee appointments - Resolution 06-277 Mary Jowers would be reappointed to the Board of Adjustment (Zoning). The current term would expire July 22, 2008. (Mayor Guy N. Goodson) Bob Harris would be reappointed to the Board of Adjustment (Zoning). The current term would expire July 22, 2008. (Mayor Guy N. Goodson) Brooks Goodhue would be reappointed to the Community Development Advisory Committee. The current term would expire October 13, 2007. (Councilmember Becky Ames) Brooks Goodhue would be reappointed as Vice Chairman of the Community Development Advisory Committee. The current term would expire January 24, 2007. (Mayor Guy N. Goodson) Roy McClaney would be reappointed to the Convention and Tourism Advisory Board. The current term would expire June 16, 2008. (Mayor Guy N. Goodson) Dora Nisby would be reappointed as Vice Chairman of the Library Commission. The current term would expire April 4, 2007. (Mayor Guy N. Goodson) Bill Faucett would be reappointed as Chairman of the Library Commission. The current term would expire April 4, 2007. (Mayor Guy N. Goodson) Bill Yoes would be reappointed as Vice Chairman to the Historic Landmark Commission. The current term would expire January 24, 2007. (Mayor Guy N. Goodson) Shaheen Farah would be reappointed as Chairman to the Historic Landmark Commission. The current term would expire January 24, 2007. (Mayor Guy N. Goodson) Steve McGrade would be reappointed to the Parks and Recreation Advisory Committee. The current term would expire July 14, 2009. (Councilmember Becky Ames) George Jackson would be reappointed to the Parks and Recreation Advisory Committee. Th 9 pp e ry current term would expire March 20, 2008. (Mayor Pro Tern Nancy Beaulieu) Greg Dykeman would be reappointed to the Planning and Zoning Commission. The current term would expire January 6, 2009. (Mayor Guy N. Goodson) Glen Bodwin would be reappointed as Chairman of the Planning and Zoning Commission. The current term would expire January 10, 2007. (Mayor Guy N. Goodson) Bill Faucett would be reappointed to the Library Commission. The current term would expire January 17, 2008. (Mayor Guy N. Goodson) Russell Waddill would be reappointed to the Small Business Revolving Loan Fund Board. The current term would expire July 22, 2008. Approve a resolution taking disciplinary action with regard to the conduct of the City Clerk in the performance of her duties Page 2 of 14 Minutes-August 29,2006 A) Approve a resolution accepting maintenance of the street, storm sewer,water and sanitary sewer improvements in Barrington Heights Phase VII, Subdivision - Resolution 06-248 B) Approve a resolution accepting maintenance of the street, storm sewer,water and sanitary sewer improvements in Barrington Heights Phase VII, Subdivision - Resolution 06-249 C) Authorize the acceptance of a twenty (20) foot wide drainage easement at 2196 Wooten Road - Resolution 06-250 D) Authorize the final settlement of the claim of Mary Coward - Resolution 06-251 Mayor Pro Tern Beaulieu made a motion to approve the ConsentAgenda. Councilmember Ames seconded the motion. AYES: MAYOR GOODSON,MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH,AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider approving a request for a zone change from RS (Residential Single Family Dwelling) Districtto GC-MD(General Commercial-Multiple Family Dwelling) Districtormore restrictive district at 1035 Chamberlin. Denied Administration recommended denial of a zone change from RS (Residential Single Family Dwelling)Districtto GC-MD(General Commercial-Multiple Family Dwelling)Districtor more restrictive district at 1035 Chamberlin. Jose Perez is requesting a zone change from RS (Residential Single Family Dwelling) District to GC-MD (General Commercial-Multiple Family Dwelling) District to allow a carpentry shop at 1035 Chamberlin. The type of carpentry work that the applicant does is special order cabinets and furniture. Mr. Perez currently rents a business location on Caldwell, but he would like to relocate to an accessory building located in front of his residence. This request could be considered "spot zoning". The property is surrounded by RS zoning on the north, south and west sides. To the east is RM-H zoning. To the northeast is GC- MD zoning. At a Joint Public Hearing held August 21, 2006, the Planning Commission voted 5:3 to approve a zone change from RS (Residential Single Family Dwelling) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 1035 Chamberlin. Page 3 of 14 Minutes-August 29,2006 Mayor Pro Tern Beaulieu moved to deny AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS(RESIDENTIAL SINGLE FAMILY DWELLING)DISTRICT TO GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 1035 CHAMBERLIN, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Smith seconded the motion. AYES: MAYOR GOODSON,MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 2. Consider approving a request for a specific use permit to allow a public charter school in the CBD (Central Business District) at 405 Magnolia - Ordinance 06-049 Administration recommended approval of a specific use permit to allow a public charter school in the CBD (Central Business District)at 405 Magnolia subject to the school getting permission to use parking in a nearby parking lot or obtaining a special exception to the parking requirement from the Zoning Board of Adjustment. Eagle Academy of Beaumont is requesting a specific use permit to allow a public charter school in an existing building at 405 Magnolia. The school will serve approximately 150 middle and high school students. The students will attend school in 4 1/4 hour sessions beginning at 8 a.m. and ending at 5 p.m. Hours of operation will be 7 a.m. - 6 p.m. The maximum number of students on campus at one time will be 100. At a Joint Public Hearing held August 21, 2006, the Planning Commission voted 8:0 to approve a specific use permit to allow a public charter school in a CBD (Central Business District) at 405 Magnolia subject to the school acquiring access to extra parking. Councilmember Samuel made a motion to ADOPT ORDINANCE 06-049 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A PUBLIC CHARTER SCHOOL IN A CBD (CENTRAL BUSINESS) DISTRICT LOCATED AT 405 MAGNOLIA IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Ames seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED Page 4 of 14 Minutes-August 29,2006 3. Consider approving a request for a specific use permit to allow a church in an RM-H (Residential Multiple Family Dwelling-Highest Density) District on property located on the west side of N. Major, approximately 1,900' south of Tram Road - Ordinance 06-050 Administration recommended approval of a specific use permit to allow a church in an RM- H (Residential Multiple Family Dwelling-Highest Density) District on property located on the west side of N. Major, approximately 1,900' south of Tram Road. Love and Compassion Ministries, Inc. is requesting a specific use permit to allow a church in an RM-H (Residential Multiple Family Dwelling-Highest Density) District. The subject property is located on the west side of N. Major, approximately 1,900' south of Tram Road. The proposed development includes a 21,600 sq. ft. church building and related parking. The church building will include a 600 seat sanctuary, classrooms and church offices. At a Joint Public Hearing held August 21, 2006, the Planning Commission voted 8:0 to approve a specific use permit to allow a church in an RM-H (Residential Multiple Family Dwelling-Highest Density) District on property located on the west side of N. Major, approximately 1,900' south of Tram Road. Councilmember Smith made a motion to ADOPT ORDINANCE 06-050 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CHURCH IN AN RMH (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT LOCATED ON THE WEST SIDE OF N. MAJOR, APPROXIMATELY 1,900'SOUTH OF TRAM ROAD IN THE CITY OF BEAUMONT,JEFFERSON COUNTY, TEXAS. Mayor Pro Tern Beaulieu seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU, COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 4. Consider approving a request for a specific use permit to allow a shopping center in a GC- MD-2 (General Commercial-Multiple Family Dwelling-2) District at 2916 E. Lucas - Ordinance 06-051 Administration recommended approval of a specific use permit to allow a shopping center in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 2916 E. Lucas with a modification to the landscaping/screening requirements along the north and west property line (no landscaping or fencing) subject to Mr. Le's continued ownership of Lot 3. Brammer Construction, Inc. has applied for a specific use permit to allow a shopping center in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District. The property located at 2916 E. Lucas. Proposed uses within the 11,289 sq. ft. shopping center include a washateria, nail shop, beauty shop and barber shop. The property is owned by Duong & Le, Inc. Page 5 of 14 Minutes-August 29,2006 The planned shopping center will have access to both E. Lucas and Idylwood. At the present time, the rear 96'+ is to be left vacant. At a Joint Public Hearing held August 21, 2006, the Planning Commission voted 8:0 to approve a specific use permit to allow a shopping center in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 2916 E. Lucas with a waiver of the landscaping/screening requirements along the north and west property line subject to Mr. Le's continued ownership of Lot 3. Councilmember Samuel made a motion to ADOPT ORDINANCE 06-051 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A SHOPPING CENTER IN A GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2)DISTRICT LOCATED AT 2916 E. LUCAS IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Patterson seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU, COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 5. Consider approving a request for a specific use permit to allow a doctor's office in an RCR (Residential Conservation and Revitalization) District at 2331 North. Denied Administration recommended approval of a specific use permit to allow a doctor's office in an RCR (Residential Conservation and Revitalization) District at 2331 North subject to satisfying the parking requirements outlined in the Zoning Ordinance or obtaining a special exception to the parking requirements from the Zoning Board of Adjustment, as well as satisfying other landscaping and screening requirements. Dr. Mae Wesson is requesting a specific use permit to allow a doctor's office in an RCR (Residential Conservation and Revitalization) District at 2331 North. Dr. Wesson states that she is a solo practice ophthalmologist. Dr. Wesson did have an office at 2900 North. Dr. Wesson states that all exams are by appointment only. Office hours are 10 a.m. -5:30 p.m. At any one time, there will be no more than two vehicles. She is also requesting a modification to the landscaping/screening requirements. At a Joint Public Hearing held August 21, 2006, the Planning Commission's motion to approve a specific use permit to allow a doctor's office in an RCR (Residential Conservation and Revitalization) District at 2331 North failed 4:4. Another motion to deny a specific use permit to allow a doctor's office in an RCR (Residential Conservation and Revitalization) District at 2331 North also failed 4:4. The request proceeded to City Council with no recommendation. Mayor Pro Tern Beaulieu made a motion to DENY AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A DOCTOR'S OFFICE IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT LOCATED AT 2331 NORTH IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Ames seconded the motion. Page 6 of 14 Minutes-August 29,2006 AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 6. Consider approving a request for a street name change from Morrison Street to Sonny Perkins Street - Ordinance 06-052 Administration recommended approval of a street name change from Morrison Street to Sonny Perkins Street. The Planning Division has received a petition to rename Morrison Street to Sonny Perkins Street. This street is located in the Charlton-Pollard neighborhood, between Stanton and Bradley. Seventy-Five percent of the property owners abutting Morrison Street are in favor of the request. The petition states that Sonny Perkins is a life-long resident of Beaumont who has lived on this street for 70 years. The petition further states that Mr. Perkins has cared for most of the residents in this area, especially in their times of need. The residents of Morrison Street want to honor Mr. Perkins for his commitment to the community. At a Joint Public Hearing held August 21, 2006, the Planning Commission voted 8:0 to approve a street name change from Morrison to Sonny Perkins Street Councilmember Patterson made a motion to ADOPT ORDINANCE 06-052 ENTITLED AN ORDINANCE CHANGING THE NAME OF MORRISON STREET TO SONNY PERKINS STREET IN BEAUMONT, JEFFERSON COUNTY, TEXAS. Mayor Pro Tern Beaulieu seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 7. Consider approving a bid for replacement of the roof and wall sheeting at the Fleet Maintenance facility - Resolution 06-252 Administration recommended awarding a bid for furnishing all labor, supplies, materials and equipment for replacement of the roof and wall panels at the Fleet Maintenance facility to Cleveco Construction of Lumberton in the total amount of $222,170. The roof and north wall were damaged by Hurricane Rita and require replacement. Building Services personnel have reviewed the bids and recommend replacement of the east, west and south wall sheeting due to deterioration and incidental damage brought about by age and usage (the roof and wall panels have been in service since the building's construction in 1983). Replacement of the roof and all wall panels will enhance both the appearance and the structural integrity of the building. Page 7 of 14 Minutes-August 29,2006 The completion time is estimated to be 120 days, and work will commence in mid- September. Cleveco Construction is a City-certified minority business enterprise. Due to the nature of the damage, replacement of the roof and the north wall panel wil be reimbursed by insurance proceeds in the amount of $181,500. The additional cost of $40,670 will be charged to the Capital Reserve Fund. Councilmember Smith made a motion to APPROVE RESOLUTION 06-252 THAT THE BID SUBMITTED BY CLEVECO CONSTRUCTION, LUMBERTON, TEXAS, FOR FURNISHING ALL LABOR, SUPPLIES, MATERIALS AND EQUIPMENT FOR REPLACEMENT OF THE ROOF AND WALL PANELS AT THE FLEET MAINTENANCE FACILITY DAMAGED BY HURRICANE RITA IN THE TOTAL AMOUNT OF $222,170 BE ACCEPTED BY COUNCIL. Councilmember Ames seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU, COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 8. Consider authorizing the City Manager to execute an Interlocal Agreement with Jefferson County Precinct No. 4 for the reconstruction of Frint Road - Resolution 06-253 Administration recommended Council authorize the City Manager to execute an Interlocal Agreement with the Jefferson County Precinct No. 4 for the Frint Road reconstruction project. The City of Beaumont and Jefferson County Precinct No. 4 propose to jointly participate in the cost for the reconstruction of Frint Road from Jamjar Drive to Tyrrell Park Road. Jefferson County will be responsible for the purchase of materials, construction, management and coordination of the project and the City of Beaumont will pay $125,000 toward the cost of materials. Funds will be provided as part of the Street Rehabilitation Program. Councilmember Patterson made a motion to APPROVE RESOLUTION 06-253 THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN INTERLOCAL AGREEMENT WITH JEFFERSON COUNTY PRECINCT No.4 FOR THE FRINT ROAD RECONSTRUCTION. Councilmember Ames seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU, COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 9. Consider approving an agreement with Cook Shaver Parker& Williams, P.C. for auditing services related to the 2006 fiscal year - Resolution 06-254 Page 8 of 14 Minutes-August 29,2006 Administration recommended approving an agreement with Cook, Shaver, Parker & Williams, P.C. for auditing services related to the 2006 fiscal year. The Beaumont City Charter states"no auditor or firm of auditors shall serve as auditor for the City of Beaumont for more than four successive years." This will be the fourth consecutive year that Cook Shaver Parker &Williams has been appointed as auditor for the City, and therefore, they will not be eligible to serve for the fiscal year 2007. Field work is scheduled to begin by December 1, 2006 and be completed by December 31, 2006. The financial auditing reports (CAFR) will be completed by January 30, 2007. The contract amount including expenses will not be greater than $62,550, which is the same as in last year's contract. Funds will be available in the FY 2007 budget for this expenditure. Councilmember Smith made a motion to APPROVE RESOLUTION 06-254 THAT THE CITY HEREBY APPROVES AN AGREEMENT WITH COOK, SHAVER, PARKER & WILLIAMS, P.C. FOR AUDITING SERVICES RELATED TO THE 2006 FISCAL YEAR. Mayor Pro Tern Beaulieu seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 10. Consider approving a depository agreement for banking services between the City of Beaumont and Capital One Bank for a three (3) year period commencing October 1, 2006 and ending September 30, 2009 - Resolution 06-255 Administration recommended approving a depository agreement for banking services between the City of Beaumont and Capital One Bank for a three (3) year period commencing October 1, 2006 and ending September 30, 2009. The contract may be renewed for two (2) additional one (1) year periods by mutual consent of both parties. The City issued requests for proposals for banking services to all banks located within the City of Beaumont. Proposals were received from Bank of America, Capital One, JP Morgan Chase, Texas State and Wachovia Bank. The selection process was based on the following criteria: (1) compliance with minimum requirements set forth by the City, (2) availability of required banking services and (3) highest net earnings calculated as the difference between the total cost of banking services and the total annual interest. A proposal form was provided in the bid package to quantify the costs of banking and overnight investment services. The form contained estimates of the activity level on an annualized basis and required banks to provide unit price information and the estimated annual cost for services. Page 9 of 14 Minutes-August 29,2006 An evaluation of the banking service proposals and the estimated annual net earnings for the five (5) banks was presented. The evaluation showed that Capital One Bank had the highest net annual return of $94,693. Funds are budgeted for this expenditure in the Cash Management Division. Mayor Pro Tern Beaulieu made a motion to APPROVE RESOLUTION 06-255 THAT THE PROPOSAL OF CAPITAL ONE BANK FOR BANKING SERVICES IS HEREBY ACCEPTED AND THE CITY MANAGER IS HEREBY AUTHORIZED TO EXECUTE A DEPOSITORY AGREEMENT WITH CAPITAL ONE BANK FOR THE PERIOD COMMENCING OCTOBER 1, 2006 TO SEPTEMBER 30, 2009. Councilmember Ames seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU, COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 11. Consider approving funding for the Partnership of Southeast Texas - Resolution 06-256 Administration recommended funding the Partnership of Southeast Texas $12,000 for FY 2006 from the City's General Fund. The Partnership of Southeast Texas (POST) is a nonprofit, economic development corporation that works to develop cooperative efforts on a regional basis. Its purpose is to facilitate the retention and creation of jobs in a nine-county area that includes Chambers, Hardin, Jasper, Jefferson, Liberty, Newton, Orange and Tyler Counties and the Bolivar Peninsula in Galveston County. Partnership of Southeast Texas has requested funds in the amount of $24,000. The FY2006 Budget allowed for funding in the amount of$12,000 and the funds are available in the General Fund. Mayor Pro Tern Beaulieu made a motion to APPROVE RESOLUTION 06-256 THAT THE CITY COUNCIL HEREBY APPROVED FUNDING FOR THE PARTNERSHIP OF SOUTHEAST TEXAS IN THE AMOUNT OF $12,000 FROM THE FY2006 CITY'S GENERAL FUND. Councilmember Ames seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 12. Consider amending the FY 2006 Budget to increase expenditures in several funds - Ordinance 06-053 Page 10 of 14 Minutes-August 29,2006 It was recommended that Council amend the FY 2006 Budget as proposed. Approving the proposed amendments will preclude the City from having expenditures in excess of appropriations. In accordance with Article VI of the City Charter, the City Manager shall strictly enforce the provisions of the budget as specified in the ordinance adopting the budget. He shall not authorize or approve any expenditures unless an appropriation has been made in the budget ordinance adopting the budget, and there is an available unencumbered balance of the appropriation sufficient to pay the liability to be incurred. Sufficient fund balance is available to coverall increases in appropriations where individual fund revenues are not able to fully sustain those appropriations. Councilmember Samuel made a motion to ADOPT ORDINANCE 06-053 ENTITLED AN ORDINANCE AMENDING THE FISCAL BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL YEAR 2006 TO APPROPRIATE AND TRANSFER$6,000,000 FROM THE GENERAL FUND APPROPRIATING $800,000 TO THE MUNICIPAL TRANSIT FUND, $1,000,000 TO THE RITA RECOVERY FUND, $4,200,000 TO THE CAPITAL RESERVE. Mayor Pro Tem Beaulieu seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED WORKSESSION • Review and discuss the proposed FY 2007 Budget and Capital Program Worksession opened at 2:45 p.m. and closed at 3:25 p.m. City Manager presented a slide presentation with an overview of the proposed FY 2007 budget to the City Council and to the Citizens of Beaumont. Copy is available in the City Clerk's office. COUNCILMEMBER COMMENTS The Mayor asked the City Manager to comment on the recent incidents in City Hall. CITY MANAGER HAYES - THE FIRST INCIDENT WAS AROUND NOON WHEN IT WAS REPORTED THAT SOME TYPE OF POWDER WAS FOUND IN THE WOMAN'S RESTROOM AND TO BE BETTER SAFE THAN SORRY, THE POWDER WAS TESTED AND FOUND TO BE TALCUM POWDER; THE SECOND INCIDENT INVOLVED A MUNICIPAL TRANSIT BUS ACCIDENT AT THE CORNER OF ROYAL AND AVENUE D; A TRUCK HIT A CITY BUS AND THE BUS WENT INTO A HOUSE AND CAUSED SUFFICIENT DAMAGES, NO INJURIES REPORTED IN HOUSE, SOME MINOR INJURIES TO THOSE ON BUS Page 11 of 14 Minutes-August 29,2006 IN RESPONSE TO COUNCILMEMBER PATTERSON, AGREED EXACTLY WITH HER CONCERNS ABOUT THE HIGH GRASS AND THE CITY MOWING OVER 200 PROPERTIES AND NEEDING TO HOLD THE PROPERTY OWNERS ACCOUNTABLE, MUNICIPAL COURT AND CODE ENFORCEMENT ARE HOLDING COURT ONCE A WEEK TO HELP DEAL WITH THIS SITUATION, THE PROPERTY OWNERS SHOULD BE CUTTING THEIR LAWNS NOT THE CITY; CITY IS STILL WAITING TO RECEIVE FUNDING TO HELP WITH THE ROOFING PROGRAM COUNCILMEMBER SMITH - IMPRESSED WITH HOW FAR THE CITY HAS COME OVER THE PAST 20 YEARS; PROUD OF THE CITY AND EMPLOYEES MAYOR PRO TEM BEAULIEU - IMPRESSED WITH THE BUDGET TEAM IN HELPING WITH HER QUESTIONS; IMPRESSED WITH HOW CLOSELY THE CITY AND THE CHAMBER ARE WORKING TOGETHER WITH THE SAME GOALS IN MIND AND THE GOOD TEAMWORK IN THE COMMUNITY COUNCILMEMBER AMES - THANKED THE STAFF FOR THEIR COMPREHENSIVE PRESENTATION; GLAD TO KNOW THAT THE CITY IS IN GOOD FINANCIAL CONDITION ESPECIALLY AFTER THE DEVASTATION OF RITA; CONGRATULATIONS OR CONDOLENCES TO THE MAYOR ON HIS ROAST TO BENEFIT COMMUNITIES IN SCHOOLS COUNCILMEMBER SAMUEL - FELT THAT THIS IS BEST THAT THE CITY HAS BEEN IN SOME TIME FISCALLY AND FELT THAT THIS IS DUE TO THE GREAT TEAMWORK BY THE CITY MANAGER; CONCERNED ABOUT THE TRAIN CROSSINGS AND THE HOLD UP OF TRAFFIC, SURPRISED THAT THE CONDUCTOR IS CITED NOT THE RAILROAD, EXPLAINED THAT IF THE CONDUCTOR DISCONNECTS THE CARS AT INTERSECTION,A SPECIAL TEST MUST BE RUN BEFORE THE TRAIN CAN BE RESTARTED AND THAT WOULD INCREASE THE WAITING TIME EVEN MORE;FELT THAT SOME TYPE OF RESOLUTION SHOULD BE ADDRESSED; CONCERNED ABOUT COMMUNITY DEVELOPMENT AND REVITALIZATION OF THE COMMUNITIES TO INCLUDE ORDINANCE VIOLATIONS INCLUDING WEED VIOLATIONS, OVERGROWTH AND ENFORCEMENT AND RECUPERATING COSTS COUNCILMEMBER PATTERSON - ECHOED THE CONCERNS OF COUNCILMEMBER SAMUEL; CONCERNED ABOUT THE WEST NILE VIRUS DUE TO THE OVERGROWTH OF WEEDS AND STANDING WATER IN CERTAIN AREAS OF THE CITY; THANKED CITY MANAGER AND TEAM FOR THE BUDGET PRESENTATION AND THANKFUL THAT WE ARE IN A FISCALLY SOUND STATE; WOULD LIKE TO HIRE Page 12 of 14 Minutes-August 29,2006 SOME CODE ENFORCEMENT OFFICERS TO HELP TRACK DOWN THESE HOME OWNERS CITY ATTORNEY COOPER- NONE MAYOR GOODSON- THE BUS ACCIDENT RAN INTO THE SIDE OF A SPECIAL NEEDS HOUSE WITH A NUMBER OF PERSONS THERE AND THAT THERE WERE NO INJURIES IN THE HOUSE,THANKED THE BUS DRIVER, EMS, FIRE AND POLICE, ALL THE PEOPLE WHO CAME OUT TO HELP WITH THIS SITUATION; THANKED MARK MCDONALD WHO SENT US A LOT OF INFORMATION ABOUT INCREASED REAL ESTATE VALUES IN THE CITY; PERSONAL THANKS TO OUR POLICE CHIEF AND THOSE IN LAW ENFORCEMENT FOR THE DECREASED NUMBER IN CRIME STATISTICS OF 18%, ALTHOUGH THE LAW ENFORCEMENT DEPARTMENT WOULD LIKE TO SEE A LARGER DECREASE AND A 29% DECREASE IN THEFT; DISCUSSED WHERE DO WE GO AS A CITYAND TRYING TO IMPROVE THE VISUAL QUALITY AND GETTING IN CONTROL OF OUR DESTINY-ESPECIALLY THOSE PROPERTY OWNERS WHO ARE OVERWHELMED WITH PROPERTY DAMAGE, SUGGESTED THAT A WORKSHOP BE MADE AVAILABLE FOR THESE HOMEOWNERS TO HELP SPEED UP THE PROCESS FOR IMPROVEMENT TO THESE PROPERTIES AND PUT THEM BACK ON THE TAX ROLL Public Comments (Persons are limited to three minutes) Rev. Sammie Singleton 720 Roberts Ave. Beaumont TX Concerned about the Fairview Addition and the need for property cleanup as it is unsafe especially for the neighborhood children Open session of meeting recessed at 4:05 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Maceba Henry Claim of Dontrell Holman There being no action taken in Executive Session, Council adjourned. Page 13 of 14 Minutes-August 29,2006 Audio tapes are available upon request in the City Clerk's Office. � 1 Guy N. Goodson, Mayor �•:� � , ��� N1 � W / Rose Ann Jones, TRMC City Clerk Page 14 of 14 Minutes-August 29,2006