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HomeMy WebLinkAboutMIN OCT 24 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 October 24, 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 October 24, 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 8-15/Consent Agenda Consent Agenda Mayor Goodson called the council meeting to order at 1:30 p.m. Reverend W. J. Treece of the Gospel Tabernacle Church gave the invocation. Tevin Watts and Mariah Chamber 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, Ames, Samuel and Patterson. Absent Councilmember Cokinos and Kyle Hayes, City Manager. Also present were Tyrone Cooper, City Attorney; Rose Ann Jones, City Clerk. Proclamations, Presentations, Recognitions "Red Ribbon Week in Beaumont" - October 23 - 31,2006 - Proclamation read by Councilmember Ames; accepted by Maria Morales, Chairman of Drug Free Commission as well some other commission members Certificate of Appreciation was presented to Tevin Watts and Mariah Chamber who attended Smith Middle School last year for their excellent award in drug prevention in national competition; thanks were also extended to the teachers and family members of the students Public Comment: Persons may speak on scheduled agenda items 8-15/Consent Agenda. John Werner 801 Laurel Street Beaumont TX Item #13: Concerned about Council writing off a debt to David White and then hiring him as a consultant; would like some improvements in this policy where records of accounts which are written off should not be hired by the City. Minutes-October 24,2006 CONSENT AGENDA Approval of minutes - Minutes of October 17, 2006 Confirmation of committee appointments - Resolution 06-320 Molly J. Dahm, PhD was appointed to the Convention and Tourism Advisory Board. The term will commence October 24, 2006 and expire October 23, 2008. (Councilmember Audwin M. Samuel) A) Approve the sale of City-owned surplus property - Resolution 06-321 B) Authorize the City Manager to execute all documents necessary to accept the project titled "FY07 S.T.E.P. Waves" - Resolution 06-322 C) Authorize the acquisition of right-of-way for the Main and Blanchette Project- Resolution 06-323 D) Authorize the acceptance of a ten (10) foot wide water line easement for fire hydrants across Joe Penland/Quality Mat Property on Tram Road - Resolution 06-324 Councilmember Ames made a motion to approve the Consent Agenda. Mayor Pro Tern Beaulieu seconded the motion. AYES: MAYOR GOODSON,MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED GENERAL BUSINESS [Presentation of items were presented by City Attorney Cooper in the absence of City Manager Hayes] 1. Consider approving a request for a specific use permit for a real estate office in an RCR (Residential Conservation and Revitalization) District at 2339 North Street-Ordinance 06- 067 Administration recommended approval of a specific use permit for a real estate office in an RCR (Residential Conservation and Revitalization) District at 2339 North Street with a waiver to the fencing and landscaping requirements(no additional fencing or landscaping). Deborah Terry is requesting a specific use permit to allow the continued operation of her real estate office at 2339/2349 North. Ms. Terry's business location was brought to the Planning staff's attention in August, 2006. Page 2 of 21 Minutes-October 24,2006 Ms. Terry states that she has been operating her office at 2339 North since 1992. She lives next door at 2349 North. Normal hours of operation are Monday - Friday, 9 a.m. - 6 p.m. Ms. Terry says that she is the only full-time employee. However, she does have three independent contractors that do work out of her office. At a Joint Public Hearing held October 16, 2006, the Planning Commission voted 8:0 to approve a specific use permit for a real estate office in an RCR (Residential Conservation and Revitalization) District at 2339 North Street with a waiver to the fencing requirements and landscaping requirements. Councilmember Ames moved to ADOPT ORDINANCE 06-067 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A REAL ESTATE OFFICE IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION)DISTRICT LOCATED AT 2339 NORTH STREET 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 2. Consider approving a request for a specific use permit to allow commercial retail facilities, a restaurant, condominiums and related parking lots in a GC-MD-2 (General Commercial- Multiple Family Dwelling-2) District in the 3600 block of Dowlen Road -Ordinance 06-068 Administration recommended approval of a request for a specific use permit to allow commercial retail facilities, a restaurant, condominiums and related parking lots in a GC- MD-2(General Commercial-Multiple Family Dwelling-2) District in the 3600 block of Dowlen Road. Mark W. Whiteley & Associates is requesting a specific use permit to allow a commercial and residential development in the 3600 block of Dowlen Road. The development is called Metropolitan Park. In May, 2005, the City Council approved a zone change for the subject property. Due to concerns that commercial and high density residential development might have on the Barrington Heights subdivision to the south, GC-MD-2 zoning was put in place on the south 290' of the development. Metropolitan Park will offer close to 30,000 sq. ft. of first floor retail space surrounding a village green. An additional 41,000 sq. ft. of office/retail will be available on the second story. Two, three and four bedroom condominiums ranging in size from 1,250 to 2,200 sq. ft. will be located between the retail and the single family residential. A fitness club, private pool and spa and covered parking will be some of the amenities available to the condominium owners. At a Joint Public Hearing held October 16, 2006, the Planning Commission voted 8:0 to approve a specific use permit to allow commercial retail facilities, a restaurant, Page 3 of 21 Minutes-October 24,2006 condominiums and related parking lots in a GC-MD-2 District in the 3600 block of Dowlen Road subject to the following conditions: • Require an 8'tall opaque fence along the south and west sides of the subject property. • Require that all lighting in the development, both on the buildings and in the parking lots, be low wattage, shielded, directed downward and be placed as far away as possible from the southern property line. • On the southernmost building, require the dumpster to be located on the north side of the building and be surrounded on three sides by cinder block. Councilmember Smith made a motion to ADOPT ORDINANCE 06-068 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW COMMERCIAL RETAIL FACILITIES, A RESTAURANT, CONDOMINIUMS AND RELATED PARKING LOST IN A GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT LOCATED IN THE 3600 BLOCK OF DOWLEN 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 3. Consider approving a request for a specific use permit to allow a beauty shop in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 1598 Orange Street - Ordinance 06-069 Administration recommended approval of a specific use permit to allow a beauty shop in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 1598 Orange Street. Toya Miller is requesting a specific use permit to allow a beauty shop at 1598 Orange. The existing shop is located on the first floor of a two story building at the rear of the subject property. Ms. Miller lives in the house at this address. The shop has two chairs. Hours of operation are 9 a.m. - 8 p.m., Tuesday - Saturday. Typically, the last appointment is taken at 5:30 p.m. Ms. Miller states that she is the only full-time employee. However, she occasionally has a part-time person wash hair. This neighborhood is currently zoned RM-H (Residential Multiple Family-Highest Density) District. The subject property is located in an area that is, for the most part, single family residential in nature. There are a number of historic houses in the area. A zoning study may be warranted to determine if RS (Residential Single Family Dwelling) District zoning is more appropriate. To introduce commercial uses into this neighborhood may be detrimental to its stability. At a Joint Public Hearing held October 16, 2006, the Planning Commission voted 8:0 to approve a specific use permit to allow a beauty shop in an RM-H District at 1598 Orange Street subject to the following conditions and a modification to the landscaping and screening requirements (no 8' tall wood fence or a 10' wide landscape strip): Page 4 of 21 Minutes-October 24,2006 Removal of the owner identification sign Provide the necessary parking with as little modification to the rear yard as possible No more than two chairs in the shop Councilmember Samuel made a motion to ADOPT ORDINANCE 06-069 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A BEAUTY SHOP IN AN RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT LOCATED AT 1598 ORANGE STREET 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 4. Consider approving a request for a specific use permit to allow a counseling office in an RCR (Residential Conservation and Revitalization) District at 2659 McFaddin. Administration recommended denial of a specific use permit to allow a counseling office in an RCR (Residential Conservation and Revitalization) District at 2659 McFaddin. Ella Mae Chisum is requesting a specific use permit to allow her to operate a counseling office at 2659 McFaddin. She currently offices across the street from the subject property at 2628 McFaddin. Ms. Chisum states that she sees between 15 and 20 clients a week. She provides mental health counseling Monday - Friday. A rear entrance will be provided to allow her clients privacy coming and going. The 2600 block of McFaddin is a mix of commercial and residential uses. Fronting on 11th Street are a motel and a restaurant. Except for a small apartment complex and an insurance agency parking lot, the rest of the commercial uses in this block front on McFaddin and are located in single family residential structures that have been converted to commercial. The subject property has been single family residential for several years. At a Joint Public Hearing held October 16, 2006, the Planning Commission voted 7:1 to deny a specific use permit to allow a counseling office in an RCR (Residential Conservation and Revitalization) District at 2659 McFaddin. Mayor Pro Tern Beaulieu made a motion to ADOPT AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A COUNSELING OFFICE IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT LOCATED AT 2659 MCFADDIN IN THE CITY OF BEAUMONT,JEFFERSON COUNTY, TEXAS. Councilmember Samuel seconded the motion. AYES: MAYOR PRO TEM BEAULIEU, COUNCILMEMBERS SAMUEL AND PATTERSON NAYS: MAYOR GOODSON, COUNCILMEMBER SMITH AND AMES MOTION FAILED Page 5 of 21 Minutes-October 24,2006 5. Consider approving a request for amendments to the Code of Ordinances, Chapter 27, Trailers and Trailer Parks to amend development regulations for recreational vehicle parks - Ordinance 06-070 Administration recommended approval of a request for amendments to the Code of Ordinances, Chapter 27, Trailers and Trailer Parks to amend development regulations for recreational vehicle parks. Steve Richardson, Planning Manager, presented an overview of the item. At a Regular Meeting held October 16, 2006, the Planning Commission voted 7:0:1 to approve a request for amendments to the Code of Ordinances, Chapter 27, Trailers and Trailer Parks to amend development regulations for recreational vehicle parks. Councilmember Smith made a motion to ADOPT ORDINANCE 06-070 ENTITLED AN ORDINANCE AMENDING CHAPTER 27,TRAILERS AND TRAILER PARKS,SECTION 27-1,DEFINITIONS,AND ADDING A NEW SECTION, 27-11 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT; PROVIDING DEFINITIONS AND MINIMUM STANDARDS FOR A TYPE "C" TRAILER PARK, PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL;AND PROVIDING A PENALTY. Mayor Pro Tern Beaulieu seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 6. Consider approving a request for a zone change from RS (Residential Single Family Dwelling) Districtto NC(Neighborhood Commercial) Districtat4205 Highland-Ordinance 06-071 Administration recommended approval of a request for a zone change from RS (Residential Single Family Dwelling) District to NC (Neighborhood Commercial) District at 4205 Highland. Terry Richard III is requesting a zone change from RS (Residential Single Family Dwelling) District to NC (Neighborhood Commercial) District to allow him to operate a clothing store, photocopy shop and tax return and financial services business. The property is located at 4205 Highland. Along Highland, there is a mix of zoning districts. In addition to residential zoning, NC zoning exists along the west side of Highland, from just north of Irby to Palm. One lot on the east side of Highland, at Caston, is also zoned NC. South of Palm, there is RCR (Residential Conservation and Revitalization), GC-MD (General Commercial-Multiple Family Dwelling) and GC-MD-2 (General Commercial-Multiple Family Dwelling-2) zoning. The South Park Neighborhood Plan designates the subject property for commercial uses. This proposed rezoning is in conformance with the Neighborhood Plan. Page 6 of 21 Minutes-October 24,2006 At a Joint Public Hearing held October 16, 2006, the Planning Commission voted 8:0 to approve a request for a zone change from RS (Residential Single Family Dwelling) District to NC (Neighborhood Commercial) District at 4205 Highland. Mayor Pro Tern Beaulieu made a motion to ADOPT ORDINANCE 06-071 ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULARTHE BOUNDARIES OF THEZONING DISTRICTS,AS INDICATED UPON THEZONING MAP OF BEAUMONT,TEXAS,CHANGING THEZONING OF PROPERTY PRESENTLYZONED RS(RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO NC (NEIGHBORHOOD COMMERCIAL) DISTRICT FOR PROPERTY LOCATED AT 4205 HIGHLAND, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALAND PROVIDING A PENALTY. Councilmember Ames seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU, COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 7. Consider approving a request for an amended specific use permit to allow the deletion of the requirement for an 8' tall wood screening fence along the north property line at 4148 Treadway. Administration recommended denial of a request for an amended specific use permit to allow the deletion of the requirement for an 8' tall wood screening fence along the north property line at 4148 Treadway. Tim Satre is requesting an amended specific use permit to allow him to not have to reconstruct an 8' tall wood screening fence along the north side of his property at 4184 Treadway. In August, 1998, Mr. Satre received a specific use permit for a financial advisor's office. At that time, additional fencing was required after the adjacent property owner to the north protested. That fencing was installed. However, Hurricane Rita destroyed that fence in 2005. After receiving a complaint from the neighboring property owner, Planning staff contacted Mr. Satre that he would have to reinstall the required fence. Mr. Satre is now requesting an amendment to his original specific use permit's fencing requirement. He states that he has had consistent problems servicing and maintaining that side of his building. The property line, in some spots, is only 12"from his building. Mowing and servicing an existing sewer line was difficult with the fence in place. At a Joint Public Hearing held October 16, 2006, the Planning Commission voted 6:2 to deny a request for an amended specific use permit to allow the deletion of the requirement for an 8' tall wood screening fence along the north property line at 4148 Treadway. Councilmember Ames made a motion to DENY AN ORDINANCE AMENDING ORDINANCE NO.98- 51, TO REMOVE THE REQUIREMENT OF AN 8'TALL WOOD SCREENING FENCE ALONG THE NORTH PROPERTY LINE AT 4148 TREADWAY;PROVIDING FOR SEVERABILITY;AND PROVIDING FOR REPEAL. Councilmember Smith seconded the motion. Page 7 of 21 Minutes-October 24,2006 AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 8. Consider approving a request for the abandonment of a 20' wide alley in Block 40, Van Wormer Addition, west of Orange Street and south of Reverend C. W. Daniels/Cedar Street - Ordinance 06-072 Administration recommended approval of a request for the abandonment of a 20' wide alley in Block 40, Van Wormer Addition, west of Orange Street and south of Reverend C. W. Daniels/Cedar Street. Mark W. Whiteley & Associates is requesting the abandonment of a 20' x 141' portion of an alley located in Block 40 of the Van Wormer Addition. This request is being made to allow the owner to utilize the land on both sides of the alley for a single use. In 1989, the City abandoned the southwesterly half of the alley. This request was sent to all interested parties. No negative responses were received. At a Regular Meeting held October 16, 2006, the Planning Commission voted 8:0 to approve the abandonment of a 20' wide alley in Block 40, Van Wormer Addition, west of Orange Street and south of Reverend C. W. Daniels/Cedar Street. Councilmember Smith made a motion to ADOPT ORDINANCE 06-072 ENTITLED AN ORDINANCE ABANDONING A 20' x 141' PORTION OF THE ALLEY IN BLOCK 40, VAN WORMER ADDITION, WEST OF ORANGE STREET AND SOUTH OF REVEREND C.W. DANIELS/CEDER STREET 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 9. Consider approving a request for the abandonment of the 2400 block of Douglas Street- Ordinance 06-073 Administration recommended approval of a request for the abandonment of the 2400 block of Douglas Street subject to the retention of a 30' wide general utility easement. St. Luke Missionary Baptist Church is requesting an abandonment of the 2400 block of Douglas Street. The church is located south and east of the subject property. The church states that abandoning the street would provide a safer situation for church members; provide additional parking for church and community functions; and provide Page 8 of 21 Minutes-October 24,2006 room for the future expansion of church facilities. The street currently dead-ends into church property. This request was sent to all interested parties. There are water and sanitary sewer facilities in the street right-of-way. At a Regular Meeting held October 16, 2006, the Planning Commission voted 8:0 to approve the abandonment of the 2400 block of Douglas Street subject to the retention of a 30' wide general utility easement. Mayor Pro Tern Beaulieu made a motion to ADOPT ORDINANCE 06-073 ENTITLED AN ORDINANCE ABANDONING THE 2400 BLOCK OF DOUGLAS STREET 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 10. Consider approving a request to abandon 10' of the 15' utility easement at the rear of Lot 6, Block 2, Regency Park at 7510 Chelsea Place Administration recommended denial of a request to abandon 10'of the 15' utility easement at the rear of Lot 6, Block 2, Regency Park at 7510 Chelsea Place. Judy Hardy is requesting the abandonment of the west 10' of the 15' utility easement along the rear of her lot at 7510 Chelsea Place. Ms. Hardy states that she wishes to construct an inground swimming pool. The pool will encroach 6' into the easement. According to the survey, there is an additional encroachment by an existing carport and metal storage building. The Planning Manager suggested to Ms. Hardy that she include an additional 4' in her request to remedy those encroachments as well. This request was sent to all interested parties. Entergy has facilities in the easement, therefore they have denied the request for an abandonment of any of the easement. At a Regular Meeting held October 16, 2006, the Planning Commission voted 8:0 to deny a request to abandon 10' of the 15' utility easement at the rear of Lot 6, Block 2, Regency Park. Councilmember Ames made a motion to DENY AN ORDINANCE ABANDONING 10' OF A 15, UTILITY EASEMENT LOCATED AT 7510 CHELSEA PLACE 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 Page 9 of 21 Minutes-October 24,2006 11 . Consider approving a request for the abandonment of a 20' x 300.3' portion of an alley in Block 1, South End Addition at 3227 Highland Avenue - Ordinance 06-074 Administration recommended approval of a request for the abandonment of a 20' x 300.3' portion of an alley in Block 1, South End Addition at 3227 Highland Avenue. Christ Gospel Church is requesting an abandonment of a 20' x 300.3' portion of the alley in Block 1 , South End Addition. The church will be constructing a new church on its property at 3227 Highland. The church states that the abandonment will accommodate this building project. This request was sent to all interested parties. No negative responses were received. At a Regular Meeting held October 16, 2006, the Planning Commission voted 8:0 to approve a request for the abandonment of a 20' x 300.3' portion of an alley in Block 1, South End Addition at 3227 Highland Avenue. Councilmember Patterson made a motion to ADOPT ORDINANCE 06-074 ENTITLED AN ORDINANCE ABANDONING A 20' x 300.3 PORTION OF AN ALLEY LOCATED AT 3227 HIGHLAND AVENUE 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 12. Consider approving a resolution authorizing the City Manager to execute a contract for the Rehabilitation of the Primary and Secondary Trickling Filters - Resolution 06-325 Administration recommended approval of a contract with Allco, Ltd. of Beaumont, Texas in the amount of $1,496,254.00 for the Rehabilitation of the Primary and Secondary Trickling Filters. The project will remove and replace the primary and secondary truss arms, distribution tubes, center column assembly and turntables, install two new 42 inch and two new 36 inch sluice gates, repair the division boxes and replace electrical components related to the project. The MBE goal will be met through a subcontract with the certified MBE firm of Vision Equipment of Spring, Texas for a total amount of $925,000.00. This amount represents 61.8 percent of the total bid. The primary and secondary filters were originally built in 1952. The project will rehabilitate and replace structural components and install new equipment to meet present and future demands and State and Federal regulations. Funds for the project are available in the Capital Program. Page 10 of 21 Minutes-October 24,2006 Mayor Pro Tern Beaulieu made a motion to APPROVE RESOLUTION 06-325 THAT THE BID SUBMITTED BY ALLCO, LTD., BEAUMONT, TEXAS, FOR A CONTRACT FOR THE REHABILITATION OF THE WASTEWATER TREATMENT FACILITY PRIMARY AND SECONDARY TRICKLING FILTERS IN THE AMOUNT OF $1,496,254 BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Ames seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 13. Consider approving a resolution to write-off uncollectible delinquent accounts-Resolution 06-326 Administration recommended approval of a resolution to write-off uncollectible delinquent accounts totaling $1,350,376.80 for which each individual account exceeds $1,000. This request is in accordance with the write-off policy approved by City Council on December 21, 1999. The policy gives Council the final authority to write-off any individual account receivable identified as uncollectible when the balance due exceeds $1,000. All accounts included are for transactions between 1999 and 2005 and collection efforts have been unsuccessful. A summary by receivable type is shown below. 1. Building Permits - $157.50 2. EMS Ambulance Charges - $1,099,806.75 3. Landfill Usa-ge Fees - $8,973.00 4. Weed Abatement Charges - $241,439.55 Auditors have requested that uncollectible balances be cleared from subsidiary ledgers. If at any time an account becomes collectible after having been written-off, the receivables of the City shall be adjusted accordingly. The balance of the account shall be reinstated and payments shall be applied to that balance. I After clarification that this was only accounting accountin procedure and collection attempts is would continue, Mayor Pro Tern Beaulieu made a motion to APPROVE RESOLUTION 06-326 THAT THE CITY COUNCIL HEREBY APPROVES THE WRITE-OFF OF THE FOLLOWING UNCOLLECTIBLE DELINQUENT ACCOUNTS TOTALING $1,350,376.80 FOR WHICH EACH INDIVIDUAL ACCOUNT EXCEEDS $1,000: BUILDING PERMITS $157.50, EMS AMBULANCE CHARGES $1,099,806.75, LANDFILL USAGE FEES $8,973.00, WEED ABATEMENT CHARGES $241,439.55. Councilmember Samuel seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU, COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE Page 11 of 21 Minutes-October 24,2006 MOTION PASSED 14. Consider authorizing the Mayor to receive funding through the State Homeland Security Program (SHSP)grant funding, and the acceptance of a memorandum of election with the State of Texas to authorize the state to use local homeland security grant funds for the implementation of statewide interoperability with Regional emergency exercises, Texas Data Exchange System (TDEx) Implementation and Live Scan Implementation - Resolution 06-327 Administration recommended authorizing the Mayor to receive funding in the amount of $307,988.45 through the State Homeland Security Program. Administration also recommends authorizing the Mayor to authorize the State of Texas to use local homeland security grant funds totaling $ 493,700.78 for the implementation of statewide interoperability with Regional emergency exercises,Texas Data Exchange System (TDEx) Implementation and Live Scan Implementation. An additional $307,988.45 in city equipment with no matching funds required. Councilmember Ames made a motion to APPROVE RESOLUTION 06-327 THAT THE MAYOR IS HEREBY AUTHORIZED TO EXECUTE A MEMORANDUM OF ELECTION REGARDING STATE USE OF HOMELAND SECURITY GRANT FUNDING FOR STATEWIDE LOCAL PROTECTION ON BEHALF OF THE CITY OF BEAUMONT FOR THE IMPLEMENTATION OF STATEWIDE INTEROPERABILITY WITH REGIONAL EMERGENCY EXERCISES,TEXAS DATA EXCHANGE SYSTEM(TDEX)IMPLEMENTATION IN LIVE-SCAN IMPLEMENTATION. Councilmember Patterson seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU, COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 15. Consider approving a resolution to charge an administrative fee to the Beaumont Housing Finance Corporation and the Beaumont Multi Family Housing Finance Corporation in an amount equal to the fees received from developers for past and future projects - Resolution 06-328 The administration requested approval of a resolution to charge an administrative fee to the Beaumont Housing Finance Corporation and the Beaumont Multi Family Housing Finance Corporation in an amount equal to the fees such corporations receive from developers for past and future projects. Because the Corporations are funding conduits and have no other activities, they rely on the City of Beaumont to provide any administrative services necessary relating to their issues. From time to time they receive application fees and/or administrative fees from developers. The Corporations have no bank accounts or any other transactions aside from the issuance and payment of debt. For that reason, it is requested that the City charge the Beaumont Housing Finance Corporation and the Beaumont Multi-Family Housing Finance Corporation fees for administrative services equal to the application and administrative fees Page 12 of 21 Minutes-October 24,2006 received from developers for past and future projects to compensate the City for administrative services provided. State law provides that these Corporations are separate legal entities from the City and the City is not responsible for any debt incurred by the Corporations. Revenues received will be deposited in the General Fund. Councilmember Ames made a motion to APPROVE RESOLUTION 06-328 THAT THE CITY COUNCIL HEREBY APPROVES CHARGING TO THE BEAUMONT HOUSING FINANCE CORPORATION AND THE BEAUMONT MULTI-FAMILY HOUSING FINANCE CORPORATION ADMINISTRATIVE FEES FOR SERVICES PROVIDED BY THE CITY IN AN AMOUNT EQUAL TO THE APPLICATION AND ADMINISTRATIVE FEES RECEIVED FROM DEVELOPERS FOR PAST AND FUTURE PROJECTS. Councilmember Smith seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU, COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED COLINCILMEMBER COMMENTS COUNCILMEMBER SMITH - NONE MAYOR PRO TEM BEAULIEU - GREAT TO HAVE SEEN SUCH A GREAT TURNOUT FOR THE FAIR AFTER THE WEATHER FINALLY CLEARED; CONGRATULATIONS TO THE YMBL ON ALL THEIR WORK; REPEATED THE CONGRATULATORY COMMENTS MADE EARLIER TO THE YOUNG PEOPLE WHO ARE WORKING HARD ALONG WITH THEIR PARENTS,TEACHERS AND MENTORS TO REDUCE THE IMPACT OF DRUGS IN OUR COMMUNITY COUNCILMEMBER AMES - IN ADDITION TO THE FAIR, DOGTOBER FEST WAS HELD INSPITE OF THE RAIN, IT WAS WELL ATTENDED AND SUPPORTED BY THE COMMUNITY COUNCILMEMBER SAMUEL - PLEASED WITH THE GROUNDBREAKING FOR THE VILLA DE LUCAS, THE HOUSING DEVELOPMENT ON EAST LUCAS DRIVE;THANKS AND CONGRATULATIONS TO THE STATEWIDE COMMUNITY DEVELOPMENT ASSOCIATION AND THE ADDITIONAL HOUSING THAT WILL BE PROVIDED TO THOSE IN NEED; COMMENDED ON ALL THE HARD WORK THAT WAS DONE BY JOHNNY BEATTY AND HIS STAFF ON THE CONFERENCE COUNCILMEMBER PATTERSON - COMMENDED JOHNNY BEATTY AND HIS STAFF FOR THE OUTSTANDING JOB THEY DID ON THE REGION 6 NATIONAL DEVELOPMENT ASSOCIATION CONFERENCE; ANNOUNCED Page 13 of 21 Minutes-October 24,2006 THAT EARLY VOTING HAS BEGUN AND WILL CONTINUE THROUGH NOVEMBER 3; ENCOURAGED EVERYBODY TO VOTE ESPECIALLY ON SUNDAY WITH A SPECIAL LUNCHEON BEING SERVED CITY ATTORNEY COOPER- NONE MAYOR GOODSON - JOINED IN WITH COUNCIL IN ACKNOWLEDGING ALL THE ACTIVITIES THAT WENT ON THIS WEEK; ANNOUNCED THAT THE LIST OF EARLY VOTING LOCATIONS IS AVAILABLE IN THE CITY CLERK'S OFFICE Public Comments (Persons are limited to three minutes) At the request of Councilmember Samuel, the following comments are in detail. John Werner 801 Laurel Beaumont TX I am here to speak in reference to your upcoming Executive Session on the performance of the City Manager. If a City Manager doesn't have a little bit of Wal-Mart mentality to him, then he's probably not doing his job. But when that Wal-Mart mentality causes a City Manager to focus on cutting costs to the extent that he loses sight of the essential services that a City should provide, then he is not doing his job, either. Fire protection, rescue services and police protection are not commodities like pencils at Wal-Mart where the most important factor is cost. Beaumont Fire and Rescue - the Beaumont Firefighters - provide public safety service; but over the years - and increasingly so in recent years under the current City Manager- it has been treated as just another budget item to be trimmed and cut back on. This explains in large part the reason that the current relations are so poor between the Firefighters and the City Manager. I am hopeful that in your Executive Session today, and in your follow-up discussions with the City Manager, you will consider how it is that his attitude and actions have caused the current poor relations, and how he might change that in the future, to the betterment of all of the citizens. This is an important issue, much larger than the specific situation that is going on in Court. But win or lose, the outcome itself will not change the relations between the Firefighters and the City. To change relations between the Firefighters and the City requires a change in attitude of the City Manager. I have personally sat with the City Manager and heard him ask"Why". "Why are there such bad relations." "Why don't the Firefighters like me." These questions can be answered to some degree just by reading the newspapers and watching TV over the last few weeks. In today's Beaumont Enterprise, the City Manager is quoted as saying "I don't think the firefighters care [about budget issues] because 52% of them don't live within the city limits. Some people (I am assuming he is talking about the firefighters but I guess it could apply to a police officer or anybody else who does not live in the city limits) may not care about the condition of the streets or drainage because it does not affect them personally." If you want to know why the Firefighters don't like the City Manager, think of that comment. Page 14 of 21 Minutes-October 24,2006 When these men suit up and risk their own health and safety, sometimes even their own lives, to go to a structure fire or a HAZMAT Hazardous Materials Incident, they are taking that risk in order to save the house or the life of a City of Beaumont resident. To suggest that these man don't care about Beaumont because they don't live in Beaumont, from the City Manager's standpoint, and don't help his tax income line shows how fixated the City Manager is on dollars and cents and how far removed he has become when it comes to the subject of the Beaumont Fire Department as a department dedicated fundamentally to public safety. Carrie McMahon 1975 Shady Lane Beaumont TX When a City Manager thinks like Kyle Hayes does, it is surprising that during the last two contract negotiations he has never once attended a single session in person unless ordered by a Judge. He has been to negotiating sessions with the Police Department but not the Fire Department. When a City Manager thinks like this, it is unsurprising that the message he sends to the negotiating session -on the 55th day of a 60-day window- is"here is our offer, it is our last and best offer, you can take it or leave it." When a City Manager thinks like this , it is not surprising that the Labor-Management meetings have been abolished, as they have been for the last three months. I don't know if City Council knows this, but you should: there are currently no Labor-Management meetings going on any more with the City and the Firefighters. The City cancelled them after the Arbitration Award was announced. I'm not talking about negotiating sessions. These Labor-Management meetings are designed to improve relations and to help City Leadership and the Firefighters work together to create good ideas to benefit the citizens of Beaumont, primarily in terms of public safety and secondarily in terms of saving money. These meetings, if they were still being held, would be the place to talk about important issues like staffing, particularly staffing of fire engines. We have tried in negotiations to raise the issue of properly and safely staffing the equipment; but the attorneys acting on behalf of the City Manager will hear none of it. Under the "management rights" clause of the contract, that is exclusively reserved to the City and it's not something to realistically bring up in an arbitration. The place to address staffing is in Labor-Management meetings or negotiations; but the City will hear none of it, because it would increase the budget for the Fire Department. The City Manager is currently in a state of mind where he is willing to recommend $10,000,000 in downtown beautification projects; and $6,500,000 in inland lakes; and over $20,000,000 for repaving parts of Phelan and Fannin that Beaumonters drive down every day without a second thought; however, if you suggest increasing staffing, then that is a non-starter. National Fire Protection standards call for four firefighters to respond with an engine. But Beaumont, as a matter of official policy, only has three firefighters at each station. This is a matter of safety for the firefighters and for the citizens. In order to safely fight a structure fire, it is necessary to have four firefighters at the scene—two inside, two out. That can't happen with only three firefighters on an engine. It's bad for the safety of the firefighters, because some times it's an emergency and there's no time to wait for the second engine. So our firefighters go in. It's dangerous. It's against Page 15 of 21 Minutes-October 24,2006 every fire manual and every fire regulation in the book. Our department sends two in and keeps only one out and we go in that burning building to rescue whoever might be inside. The City Manager knows that we do this. One of these days our department's luck is going to run out. Sooner or later, as long as the City keeps manning fire stations with one engine and only three firefighters, there is going to be a tragedy. It might be an injury to a firefighter, who goes in without proper backup. It might be worse. Ryan Aguirre 4115 Crow Road Beaumont TX The comment has been made that, per-capita, Beaumont has more firefighters per resident than other Texas cities of comparable population; and this is true. But that isn't the proper way to measure the need for fire protection. The number of firefighters is basically a function of the number of stations; and the number of stations is basically a function of the geographic size of the city. Beaumont City limits take in a total of 86 square miles. We have 12 fire stations. That is one fire station for every 7 square miles. Right now when there is structure fire, because there are only three firefighters for each engine, it is necessary to call out equipment from four stations instead of three. From four stations instead of three. Not only does this delay the response to the fire, but it leaves other areas uncovered. When there are two fires going on in the same part of town, that area of town has only very weak coverage. If there are three fires going on at the same time with only three firefighters per engine, that means that the City is completely without protection because all twelve stations have been called in. May 2005, the City received a report form Mike Pietsch, a consultant hired by the City to perform a study to determine whether Beaumont could possibly improve its ISO Public Protection Classification. The ISO Public Protection Classification is a system which measures the extent of fire protection in the City and is relied on by the insurance industry to determine homeowner's insurance premiums. Every homeowner, every business owner, who lives within 5 road-miles of a Beaumont fire station has their insurance premium calculated in part based on the City's ISO rating, which is currently 4th class, with the best being 1 st class. In his report, Mr. Pietsch wrote that "the single most deficient item within the entire rating process for the City of Beaumont is the lack of firefighters responding to structure items of fire." The single most deficient. As part of the calculation, there are 15 points available. The City received 7.05 points out of 15. In percent terms, that's a 47. That's an F, even with a curve. According to Mr. Pietsch, if the City hired more firefighters and followed some of his other suggestions, the City could jump up form 4th Class to 2n1 Class, and in the process likely save nearly every homeowner and business owner 11 or 12% on their homeowners insurance premium. But what is the City Manager's view of this? He testified at the arbitration hearing, and gave sworn testimony. Some of the numbers were off but you get his opinion is readily apparent. Page 16 of 21 Minutes-October 24,2006 His sworn testimony was: I think if you're a 1 [in other words, 1st Class], maybe our insurance rates drop 9 percent. I live here. I work here. I'd love to see our insurance rates drop. But is it worth putting four people on the truck to the taxpayers of Beaumont for that benefit? I don't believe so. Michael R. Drury 6835 Marshall Place Beaumont TX Is it worth hiring more firefighters to lower everyone's insurance rates 9% or more? The City Manager thinks"no." It's bad arithmetic but it's also bad public safety policy. The ISO rating isn't just an insurance rating. It is primarily a Public Protection rating. And when Beaumont gets a 4th Class rating, and the single most deficient area is the number of firefighters, that ought to be cause for concern. It is a problem that ought to be addressed. The fact that increasing staffing would have the side-effect of lowering everyone's insurance rates in the process is great, but it is not the main reason it needs to be addressed. But right now, as we sit here, there are six firefighter positions that are "frozen" and have been "frozen" for about the last five years. The City's long-term plan is to reduce the number of firefights in Suppression from the current number, which is 200 plus six"frozen" positions at this time, down to 184. In theory, that will save money. It will cut costs. It fits the Wal-Mart mentality perfectly. But this is not Wal-Mart. This is Beaumont. Beaumont is people; it is homes; it is businesses. If Wal-Mart ends up selling faulty pencils because it is trying to cut costs, they run the risk of losing a customer. But if Beaumont ends up providing inadequate fire protection because it is trying to cut costs, it runs the risk of losing a home or a business or a life. Another issue along the same lines is the City's intention to "civilianize" Fire/Rescue dispatch. Currently, as it has been for many years, Fire/Rescue Dispatch is performed by ten sworn certified Firefighters. These firefighters have 20 years or more experiences in suppression. They know the streets. They know the equipment. They know the capabilities of different combinations of firefighters and equipment that might have to be dispatched to deal with a particular situation. The City Manager has announced his intention to replace these people with civilian employees, to transfer the sworn dispatchers back into suppression (but not to increase manpower at the stations), and then, over the next year or so, when ten firefighters retire or leave the services, to not replace them. This will cost more money in the short term because the City will have to hire ten new people, but the Wal—Mart mentality will win out once the firefighters are not replaced as they retire. But this is a bad idea for public safety. With all due respect to the civilians who currently take care of police dispatch, it is another matter entirely to do Fire/Rescue Dispatch without the experience that the current dispatchers have. In a fire/rescue situation it is critical to know immediately which sation or stations are the closest, and what their equipment is (because different stations have different equipment or combinations of equipment). Minutes and sometimes even seconds matter. This is already the subject of a grievance and it might well be the subject of a legal challenge to the authorizing ordinance. But, apart from the question of whether it is permitted under the contract and whether it is illegal as a matter of state law, it is still a bad Page 17 of 21 Minutes-October 24,2006 decision and it again underlines the City Manager's unrelenting desire to cut and trim the number of sworn fire personnel in order to save money, even if this puts public safety at risk. To elaborate on that, the EFC Inc. in 2004 did a study on our fire department. And said the two positive attributes of this department were the training grounds and dispatch being controlled by the fire department. We have already gotten rid of the training grounds. We need to keep the firefighters at dispatch. Joe Bleuel 925 Chatwood Beaumont TX In the last 30 days or so, the City Manager has been quoted and filmed making various comments to the effect that the City can not afford to pay the Firefighters and that to comply with the Award and with the Judge's ruling will lead to grave consequences. Originally the comments by the City Manager stated that a tax hike or service cuts were certain and imminent. Now the rhetoric is toning own a little. Now the City Manager g Y 9 acknowledges that the City has $4,000,000 in a so-called "Emergency Fund" and that maybe, two years from now, the City might find itself in a budget crunch. We have a few suggestions on how to avoid a budget crunch. The first is to engage in wise budgeting. The Arbitration award was handed down in July 2006. The 2005/2006 fiscal year was about to end. The General Fund actually increased that year, despite the Hurricane, mostly due to increased sales tax revenue and FEMA reimbursement. Furthermore, the City saved about$400,000 in budgeted firefighter raises that were never given out because the City did not give the firefighters a raise in 2005. 1 would think that a City Manager who is making $150,000 per year would know that if there is an arbitration award in place that calls for a retroactive pay increase and an upcoming pay increase, that the City Manager would plan for that. In fact, the City Manager recommended a budget that was $22,000,000 more than the year before - but how much was budgeted for firefighter increase that he was aware of? That same $400,000. So the City Manager pocketed the $400,000 from 2005 back into the General Fund, and set aside a new $400,000 for 2006, all the while knowing that the Arbitration award calls for much more than that. In August he was quoted in the newspaper as having come before council and telling you all that the City was in the "best financial shape it had ever been" and that it had the ability to afford his $22,000,000 in additional spending. But by October 1, we hear all the gloom and doom. One particular comment on TV was that "we're down to the bare bone, we're in to the muscle." Is it true or not? Was the City Manager speaking truthfully to the citizens or not? If he was, if we are down t the bare bone, into the muscle when it comes to Fire Protection, Police Protection, Rescue Calls, is that what the citizens want? Galen Key 1307 Wall Street Beaumont TX President of Beaumont Professional Firefighters To answer Mr. Bleue's question, we don't think so. We see the downtown beautification projects—the colored brick sidewalks, the decorative light posts, the landscaping. The City Page 18 of 21 Minutes-October 24,2006 Manager wants to erect two arches as well. That's a project that costs about $2,000,000 per street with a total expenditure of over $10,000,000. Is that more important than fire protection? We see the downtown Lake Project in the budget. A 10-foot deep man-made lake bordered by MLK Parkway and the abandoned railroad tracks. Is this project of$6,500,000 more important than fire protection? We see the projects in this budget to repave Phelan and Fannin. The Phelan project was budgeted at $14,000,000 last year. This year it is budgeted at $15,600,000. With an increase in one of ear 2 600 y $ , ,000. Is this one project more important than fire protection for the Beaumont citizens? The project to repave Fannin in the budget, from 4th to 11th, that's a seven block span — $6,000,000. Is repaving seven blocks of Fannin more important than fire protection? These are just a few of the examples you can pull out of the budget for this year, which totals $195,000,000, up from $173,000,000 the year before. The Manager has been quoted as saying that you can't look at those figures because they include figures from different funds such as the Operating Budget and the Personnel Budget. But your constituents, the citizens of the City of Beaumont, understand that a dollar spent is a dollar spent, regardless of how the City Manager classifies it in his budget. The City Manager is wrong when he chooses the Ford Park mentality that as long as he is spending money out of the long-term budget, it isn't the same as a dollar spent out of the General Fund. These millions of dollars - tens of millions of dollars — that are being spent on brickwork and man-made lakes and unnecessary repaving projects are dollars, just dollars that are not being spent on fire protection. So, when you go into Executive Session to discuss the performance of the City Manager, and when you think about what the future holds, that you bear in mind that the Beaumont Firefighters, no matter what, will always serve the citizens of Beaumont and will risk their own lives to do so. We will always respond to every call, no matter how few personnel are put in a station. We will always try our best to provide the highest level of public safety that we can with the equipment and the personnel levels that the City provides. And we are always willing to restore good relations with the City. If the City Manager will seriously address issues like manpower, dispatch and will start treating the Firefighters with true respect and not just an occasional compliment in-between the insults, we will be more than glad to sit down with him and discuss these matters. This concluded the remarks from the Firefighters. Mark Viator 2280 Edson Drive Beaumont TX Spoke on behalf of Kyle Hayes, not on the number of firefighters needed in the City as they are a great group of people, but the importance of economic development to the City; feels Page 19 of 21 Minutes-October 24,2006 that job duties cannot be compared to industrial operators/firefighters; judge Kyle Hayes on all the issues not just one and feels that we are fortunate to have him as City Manager. Open session of meeting recessed at 3:15 p.m. RECESS OF REGULAR MEETING CONVENE MEETING OF THE BEAUMONT HOUSING FINANCE CORPORATION Meeting was called to order at 3:15 p.m. Present at the meeting were President Goodson, Vice President Beaulieu, Directors Smith, Ames, Samuel and Patterson. Absent: Director Cokinos and City Manager Kyle Hayes. Also present were Tyrone Cooper, City Attorney; Rose Ann Jones, City Clerk. 1. Consider approving payment of application and administration fees received by the corporation to the City of Beaumont for administrative services rendered. Vice President Beaulieu made a motion to APPROVE RESOLUTION #06-329 (BFHC) THAT ALL APPLICATION AND ADMINISTRATIVE FEES RECEIVED FROM DEVELOPERS FOR PAST AND FUTURE PROJECTS BE PAID TO THE CITY OF BEAUMONT FOR SERVICES RENDERED IN THE ADMINISTRATION OF THE CORPORATION'S BUSINESS. Director Ames seconded the motion. Meeting adjourned at 3:17 p.m. CONVENE MEETING OF THE BEAUMONT MULTI-FAMILY HOUSING FINANCE CORPORATION Meeting was called to order at 3:18 p.m. Present at the meeting were President Goodson, Vice President Beaulieu, Directors Smith, Ames, Samuel and Patterson. Absent: Director Cokinos and City Manager Kyle Hayes. Also present were Tyrone Cooper, City Attorney; Rose Ann Jones, City Clerk. 1. Consider approving payment of application and administration fees received by the corporation to the City of Beaumont for administrative services rendered. Director Ames made a motion to APPROVE RESOLUTION #06-330 (BFHC) THAT ALL APPLICATION AND ADMINISTRATIVE FEES RECEIVED FROM DEVELOPERS FOR PAST AND FUTURE PROJECTS BE PAID TO THE CITY OF BEAUMONT FOR SERVICES RENDERED IN THE ADMINISTRATION OF THE CORPORATION'S BUSINESS. Director Smith seconded the motion. Meeting adjourned at 3:19 p.m. Page 20 of 21 Minutes-October 24,2006 EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: The City of Beaumont vs International Association of Firefighters, Local Union No. 399 City of Beaumont v C & I Oil Company, Inc. Consider matters related to employment, evaluation and duties of a public officer or employee in accordance with Section 551.074 of the Government Code: City Manager City Attorney There being no action taken in Executive Session, Council adjourned. Audio tapes available upon request in the City Clerk's Office. Guy N. Goodson, Mayor A �p,UMpM,V 10,1 \-QW ease Rose Ann Jones, TRMC % w City Clerk ��� 2 R —Jr Page 21 of 21 Minutes-October 24,2006