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Home My WebLink AboutMIN AUG 04 2009 M I N U T E S - CITY OF BEAUMONT W.L. Pate, Jr., At-Large BECKY AMES, MAYOR Gethrel Wright, Mayor Pro Tern Dr. Alan B. Coleman, Ward I CITY COUNCIL MEETING Nancy Beaulieu, Ward II Audwin Samuel, Ward III August 4, 2009 Jamie Smith, Ward IV Tyrone E. Cooper, City Attorney Kyle Hayes, City Manager Tina Broussard, City Clerk The City Council of the City of Beaumont,Texas, met in a regular session on August 4,2009, 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 7-9/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor Kenneth Griffin of North End Baptist Church gave the invocation. Mayor Ames led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Ames, Mayor Pro Tern Wright, Councilmembers Coleman, Beaulieu, Pate, Samuel and Smith. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentations, Recognitions None Public Comment: Persons may speak on scheduled agenda items 7-9/Consent Agenda. None CONSENT AGENDA Approval of minutes - July 28, 2009 Confirmation of committee appointments - None A) Approve a contract for an Emergency Communications Network used in Public Health Emergency Preparedness activities and emergency responses - Resolution 09 - 220 Minutes-August 4,2009 B) Authorize the City Manager to approve the Texas Department of Transportation Change Order No. 3 for the Willow Street Streetscape Project and acknowledge the potential increase/decrease in the City's contribution to the project - Resolution 09 - 221 C) Authorize the City Manager to apply for and receive funding through the Edward Byrne Memorial Justice Assistance Grant program and to execute an inter-local agreement with the City of Port Arthur and Jefferson County in order to reallocate Justice Assistance Grant funds- Resolution 09 - 222 D) Adopt the 6t"Amendment to the Texas Department of Housing&Community Affairs Disaster Recovery Program and authorize the City Manager to execute the required amendment document - Resolution 09 - 223 E) Authorize the City Manager to allow the City of Nederland to provide water and sanitary sewer services to North Lake Estates - Resolution 09 - 224 F) Authorize the acceptance of a water line easement to provide water services for the Garden of Sienna Apartments - Resolution 09 - 225 G) Approve a resolution appointing Lane Nichols as the hearing officer to preside over the appeals of the decision of the Chief of Police to suspend the permits of various towing companies - Resolution 09 - 226 H) Approve a contract for the purchase of lime slurry for the use in the Public Works Department- Resolution 09 - 227 Councilmember Pate made a motion to approve the Consent Agenda. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider a request for a zone change from LI (Light Industrial) District to CBD (Central Business District) at the southwest corner of Neches and Crockett. Administration recommended approval of the zone change. The City of Beaumont Planning Division has applied for a zone change from LI to CBD. In April, 2009, City Council approved the rezoning of over 99 acres to CBD. Once the rezoning had occurred, it was noticed that a small portion of Block 18 and Tract A in the Van Wormer Addition had been left out of the proposed CBD District. Page 2 of 12 Minutes-August 4,2009 So that the subject property is zoned CBD like all the property surrounding it, staff is bringing the rezoning of this property forward to the Planning Commission and City Council for their consideration. At a Joint Public Hearing held July 27, 2009, the Planning Commission recommended approval 7:0 of a zone change from LI (Light Industrial) District to CBD (Central Business District) at the southwest corner of Neches and Crockett. Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE 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 LI (LIGHT INDUSTRIAL) DISTRICT TO CBD(CENTRAL BUSINESS DISTRICT) FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF NECHES AND CROCKETT, BEAUMONT,JEFFERSON COUNTY,TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 09 - 036 2. Consider a request for a zone change from RS (Residential Single Family Dwelling) District to RM-H (Residential Multiple Family Dwelling-Highest Density) District at 2795 S. 8th and 3265 Roberts. Administration recommended approval of the zone change. Spindletop MHMR Services has applied for a zone change from RS to RM-H. Gary Hidalgo, representing Spindletop MHMR Services, states that MHMR's properties at 2750, 2895 and 2725 S. 8th are all zoned RM-H. This zone change would make the zoning of all of MHMR's properties consistent and would enable it to build 14 housing units on this site if HUD Section 811 funding is approved. At a Joint Public Hearing held July 27, 2009, the Planning Commission recommended approval 7:0 of a zone change from RS(Residential Single Family Dwelling)District to RM-H (Residential Multiple Family Dwelling-Highest Density) District at 2795 S. 8" and 3265 Roberts. Councilmember Smith made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE 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 Page 3 of 12 Minutes-August 4.2009 (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT FOR PROPERTY LOCATED AT 2795 S. 8T" AND 3265 ROBERTS,BEAUMONT,JEFFERSON COUNTY,TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 09 - 037 3. Consider a request to amend a specific use permit to allow the modification of the landscaping requirements for a school in an RS(Residential Single Family Dwelling)District at 8200 Hwy. 105. Administration recommended approval of the amended specific use permit by not requiring the planting of the landscape buffer. Southeast Texas Educational Foundation Trust(SEFT)has applied for an amended specific use permit to allow the modification of the landscaping requirements. In August, 1996, City Council approved a specific use permit to allow a private school on the subject property. In 2006, the Southeast Texas Educational Foundation Trust bought the school and is doing business as Legacy Christian Academy. Lyn Stevens, representing SEFT, states that for the coming school year,there is an immediate need for increasing classroom size for the 6th Grade. SEFT desires to move in a portable multi-classroom building at a cost of$65,000. At the time of review of that building permit, staff realized that none of the perimeter landscaping had been done as originally required in 1996. That requirement was not enforced at the time of the issuance of the initial certificate of occupancy. Mr. Stevens states that it now would cost the school over $41,000 for trees to cover the distance. SEFT is requesting a phasing of the landscaping installation with slightly smaller trees. At a Joint Public Hearing held July 27, 2009, the Planning Commission recommended approval 6:1 of an amended specific use permit at 8200 Hwy. 105 subject to the following conditions: • Trees shall be planted along the west boundary line, beginning 250 feet from the front property line along Hwy. 105 and extending a distance of 400 feet. This planting shall occur between December, 2009 and February, 2010. • Class A trees will be a minimum of 1.5" caliper. Class B trees will be a minimum of 5' in height. Page 4 of 12 Minutes-August 4,2009 • After the initial planting of trees along the western boundary line,trees shall be planted along the east and west boundary lines at a total annual rate of 400 feet. The original buffer was to be planted to provide protection from excessive light, noise, etc.for the adjacent neighbors. However,the buffer that now exists has been found to be adequate. As the school expands and additional specific use permits may be required, additional buffering may be needed at that time. Councllmember Coleman made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO SOUTHEAST TEXAS EDUCATIONAL FOUNDATION TRUST TO ALLOW MODIFICATION OF LANDSCAPING REQUIREMENTS FOR A SCHOOL IN AN RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT AT 8200 HIGHWAY 105. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 09 - 038 4. Consider a request to amend a specific use permit to allow the construction of an equipment shelter at the existing cell tower facility in an RS(Residential Single Family Dwelling) District at 360 E. Alma. Administration recommended approval of the amended specific use permit to allow the construction of an equipment shelter at the existing cell tower facility in an RS (Residential Signle Family Dwelling) District at 360 E. Alma. Verizon Wireless has applied for an amended specific use permit to allow the construction of an equipment shelter at an existing cell tower facility owned by S.M.R. Systems, Inc. In August, 1995, City Council approved a specific use permit to allow this cell tower. The property had been used by Southwestern Bell for equipment storage and as a regulator station since the 1960's. At a Joint Public Hearing held July 27, 2009, the Planning Commission recommended approval 7:0 of an amended specific use permit at 360 E. Alma subject to the following conditions: • A five(5)foot building setback for the equipment shelter must be adhered to along the east property line. • An eight(8)foot tall chain link fence with inserted slats shall be constructed along the east and north sides of the property along with a gate on the north side. Page 5 of 12 Minutes-August 4,2009 • The fence surrounding the property shall be maintained. Mayor Pro Tern Wright made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO VERIZON WIRELESS TO ALLOW THE CONSTRUCTION OF AN EQUIPMENT SHELTER AT THE EXISTING CELL TOWER FACILITY IN AN RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT AT 360 E. ALMA, BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 09 - 039 5. Consider a request to amend a specific use permit to allow the deletion of the parking requirement for an apartment complex in the CBD(Central Business District)at 527 Forsythe. Administration recommended denial of the amended specific use permit. Beaumont Downtown Lofts, L.P. has applied for an amended specific use permit to allow the deletion of the parking requirement. In March,2007, Beaumont Downtown Lofts received a specific use permitto allow apartments subject to providing and maintaining 1.5 off-street parking spaces per unit. Mark Watler, representing Beaumont Downtown Lofts, states that the developer of this property incurs a burdensome additional cost because of this parking requirement. The apartment building is now complete. Tenants began moving into the Antioch Church Building in February, 2009. Mr. Watler states that the owner faces the prospect of having to pay the sum of$15,660 per year indefinitely as basic rental charges for the parking spaces covered under the lease if the owner is not relieved of the obligation to provide such additional off-street spaces and if the rental charges remain unchanged in future renewals of the lease. The termination date for the present lease is December 31, 2009. At a Joint Public Hearing held July 27, 2009,the Planning Commission recommended denial 7:0 of an amended specific use permit at 527 Forsythe. Councilmember Samuel made a motion to DENY AN ORDINANCE ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO BEAUMONT DOWNTOWN LOFTS, L.P., TO ALLOW THE DELETION OF THE PARKING REQUIREMENT FOR AN APARTMENT COMPLEX IN THE CBD (CENTRAL BUSINESS DISTRICT) AT 527 FORSYTHE. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMSERS COLEMAN, BEAULIEU, PATE, SAMUEL AND SMITH Page 6 of 12 Minutes-August 4.2009 NAYS: NONE MOTION DENIED 6. Consider a request to amend a specific use permit to allow the deletion of the parking requirement for an apartment complex in the CBD (Central Business District) at 620 Pearl. Administration recommended denial of the amended specific use permit. Beaumont Downtown Lofts, L.P. has applied for an amended specific use permit to allow the deletion of the parking requirement. In March, 2007, Beaumont Downtown Lofts received a specific use permit to allow apartments subject to providing and maintaining 1.5 off-street parking spaces per unit. Mark Watler, representing Beaumont Downtown Lofts, states that the developer of this property incurs a burdensome additional cost because of this parking requirement. The developer entered into a parking facility lease with GP Realty and Management, Inc. for 29 parking spaces in an existing parking lot at 468 Forsythe. To date, a total of$29,890.00 has been spent on leasing those spaces to provide off-street parking for both 527 Forysthe and 620 Pearl. At a Joint Public Hearing held July 27, 2009,the Planning Commission recommended denial 7:0 of an amended specific use permit at 620 Pearl. Councilmember Samuel made a motion to DENY AN ORDINANCE ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO BEAUMONT DOWNTOWN LOFTS, L.P., TO ALLOW THE DELETION OF THE PARKING REQUIREMENTS FOR AN APARTMENT COMPLEX IN THE CBD (CENTRAL BUSINESS DISTRICT)AT 620 PEARL STREET. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE, SAMUEL AND SMITH NAYS: NONE MOTION DENIED 7. Consider a request to abandon a 50' x 172.10' portion of Austin Avenue, west of Central Drive. Administration recommended approval of the abandonment of a 50' x 172.10' portion of Austin Avenue, west of Central Drive. Hart Green has applied for an abandonment of a 50'x 172.10'portion of Austin Avenue,west of Central Drive. At a Public Hearing held July 27, 2009, the Planning Commission recommended approval 7:0 of an abandonment of a 50' x 172.10' portion of Austin Avenue, west of Central Drive subject to the following condition: Page 7 of 12 Minutes-August 4,2009 • The applicant shall provide DD#6 with written approval allowing, at their discretion, access to its ditch located on the west end of the abandonment. Councilmember Pate made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE VACATING AND ABANDONING A 50' x 172.10' PORTION OF AUSTIN AVENUE, WEST OF CENTRAL DRIVE,BEAUMONT,JEFFERSON COUNTY,TEXAS. Mayor Pro Tern Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 09 - 040 8. Consider approving Change Order No. 4 for the Calder Avenue Drainage Diversion and Pavement Improvement Project Phase I. Administration recommended approval of Change Order No.4 in the amount of$216,283.10, for adding construction item quantities to the Calder Avenue Drainage Diversion and Pavement Improvement Project Phase I. On June 10,2008, City Council awarded Reytec Construction Resources, Inc.the contract for the Calder Avenue Drainage Diversion and Pavement Improvement Phase I Construction Project in the amount of$23,733,567.95 and authorized the execution of Change Order No. 1 in the amount of($59,762.39) reducing the contract amount to $23,673,805.56. Change Order No. 2 was issued to add and delete construction item quantities for roadway and drainage system improvements in the amount of $45,620.40 increasing the contract to $23,719,425.96. Change Order No. 3 was issued to add construction item quantities for roadway and water system improvements in the amount of$11,091.00 increasing the contract amount to $23,730,516.96. Change Order No. 4 is required to add and delete construction item quantities for roadway, water and sewer system improvements and the resurfacing of the Fire Museum parking lot to the contract. This Change Order in the amount of $216,283.10 will increase the contract amount to $23,946,800.06. Funds are available in the Capital Program. Councilmember Beaulieu made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 4 IN THE AMOUNT OF $216,283.10, THEREBY INCREASING THE CONTRACT AMOUNT TO $23,946,800.06 FOR THE CALDER AVENUE DRAINAGE DIVERSION AND PAVEMENT IMPROVEMENT PROJECT PHASE I. Councilmember Smith seconded the motion. Page 8 of 12 Minutes-August 4,2009 AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 09 - 228 9. Consider approving the purchase of twelve garbage trucks for use by the Solid Waste Division. Administration recommended approval of the purchase from Chastang's Bayou City Autocar of Houston in the amount of $2,891,824. Pricing for twelve (12)garbage trucks with automated side loaders was obtained through a BuyBoard contract. BuyBoard is a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. BuyBoard complies with the State of Texas procurement statutes. The new trucks will be replacing units that are seven (7) years old. The age and mileage of the older units render them unfit for continued use, and they will be disposed of according to the City's surplus equipment disposal policy. Cost per truck is $240,952. There will be a BuyBoard fee of $400. The basic warranty provided is four(4)years for the engine and transmission. Warranty work will be performed by Smart's Truck and Trailer Equipment of Beaumont. Delivery is estimated at 180 to 210 days. Six (6) of the twelve (12) new trucks will be paid for with cash available in the Solid Waste Fund. The remaining six (6) will be financed through a lease purchase agreement upon delivery. Councilmember Coleman made a motion to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF TWELVE(12)AUTOCARS WITH AUTOMATED SIDE LOADERS FOR USE BY THE CLEAN COMMUNITY DIVISION FROM CHASTANG'S BAYOU CITY AUTOCAR OF HOUSTON, TEXAS, IN THE AMOUNT OF $2,891,824 THROUGH THE BUYBOARD COOPERATIVE PURCHASING PROGRAM. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 09 - 229 Page 9 of 12 Minutes-August 4,2009 Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. COUNCILMEMBER COMMENTS COUNCILMEMBER COLEMAN - ANNOUNCED THAT SOCCER HAS STARTED, IF ANYONE IS INTERESTED THEY MAY GO TO BYSC.NET TO SIGN UP AND HAVE YOUR CHILD PARTICIPATE IN A GREAT SPORT COUNCILMEMBER BEAULIEU - CONGRATULATED THOSE RESPONSIBLE FOR PUTTING THE HOPE VI PROJECT TOGETHER, EXTENDED CONDOLENCES TO BARBARA OTTO ON THE LOSS OF HER HUSBAND, PRAYERS GO OUT TO HER MAYOR PRO TEM WRIGHT- COMMENTED ON SOCCER AND THEIR NEWEST MEMBER, HER GRANDDAUGHTER AURORA COUNCILMEMBER PATE- COMMENTED ON THE HOPE VI PROJECT AND THE RIBBON CUTTING CEREMONY,CONDOLENCES TO BARBARA OTTO ON THE LOSS OF HER HUSBAND, JOSEPH OTTO, ALSO ENCOURAGED EVERYONE TO GET AN ANNUAL PHYSICAL, IF THERE ARE THINGS THAT CAN BE PREVENTED, IT CAN BE DONE THROUGH A PHYSICAL COUNCILMEMBER SAMUEL - ANOTHER GREAT DAY IN BEAUMONT, ENJOYED THE PRESENTATION AND RIBBON CUTTING CEREMONY AT POINTE NORTH, THE HOPE VI PROJECT BY THE BEAUMONT HOUSING AUTHORITY, ANNOUNCED FRIDAY, AUGUST 7, 2009, THE TEXAS STYLE `HOT NIGHT/SUMMER NIGHT CRUISE" ON 11 T" ST., ALSO ON SATURDAY, AUGUST 8, 2009,THERE WILL BE A CLEAN-UP STARTING AT 9:00 A.M., AT MLK AND COLLEGE, PLEASE CALL 311 FOR MORE INFORMATION COUNCILMEMBER SMITH - ANNOUNCED THE SCHOOL SUPPLY DRIVE ON AUGUST 15, 2009, AT THE STERLING PRUITT ACTIVITY CENTER, FROM 9:00 A.M., UNTIL SUPPLIES RUN OUT, ALSO IMMEDIATELY FOLLOWING WILL BE THE NEIGHBORS IN THE PARK FROM 2:00 P.M.TO 8:00 P.M.,ON AUGUST 22,2009,THERE WILL BE A BLOCK PARTY AT THE L.L. MELTON YMCA FROM 11:00 A.M. TO 4:00 P.M.,ALSO THERE IS STILL A PROBLEM WITH WATER POOLING AFTER IT RAINS IN THE 4400 BLOCK OF LUCAS STREET, WHICH IS A CUL-DE-SAC CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE Page 10 of 12 Minutes-August 4,2009 MAYOR AMES - COMMENTED ON THE HOPE VI PROJECT AND THE RIBBON CUTTING, COMMENDED THE BEAUMONT HOUSING AUTHORITY AND HUD FOR SUCH A BEAUTIFUL PROJECT, ALSO COMMENTED ON A MEETING WITH SEVERAL MEMBERS OF THE RECYCLING COMMITTEE AND IS VERY PLEASED WITH THE WORK THAT THE COMMITTEE IS DOING, THERE WILL BE ANOTHER MEETING ON MONDAY, AUGUST 10, 2009, AT 11:45 A.M., AT CITY HALL, CONDOLENCES To BARBARA OTTO ON THE LOSS OF HER HUSBAND Public Comments (Persons are limited to three minutes) Roberto Flores 2425 Buchanan Beaumont TX Commented on a program through the Texas Attorney Generals Office, which is called the Nuisance Abatement Program, this may be a program that could be used regarding the issues in downtown for Hotel Beaumont Kerry Avery 3035 Elinor Beaumont TX Religious Comments Bruce Hoffer 2615 Gladys Beaumont TX Stated that he was proud to live in Beaumont, also commented on soccer and that the August 1 , 2009 practice just started, over 3,500 kids in the Golden Triangle that have signed up to play Open session of meeting recessed at 2:06 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Kenneth Allison v. Mustang Tractor Douglas Manning, et al v. City of Beaumont Claim of Edward Zachary Consider matters related to employment, evaluation and duties of a public officer or employee in accordance with Section 551.074 of the Government Code: Magistrate Theodore Johns Magistrate Terrence Holmes There being no action taken in Executive Session, Council adjourned. Page 11 of 12 Minutes-August 4,2009 Audio available upon request in the City Clerk's Office. Be Ames, yor � +f� / 4- / / � W Tina Broussard, ity Clerk Page 12 of 12 Minutes-August 4,2009