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[00:00:01]

AND WELCOME TO THE REGULAR MEETING OF THE BEAUMONT CITY COUNCIL.

TODAY IS TUESDAY, OCTOBER 25TH, AND GIVEN OUR INVOCATION WILL BE PASTOR SHARP WITH FAITH CHRISTIAN CENTER CHURCH, EVERYONE PLEASE SILENCE YOUR CELL PHONES.

IF YOU SO CHOOSE, PLEASE STAND, REMAIN STANDING FOR OUR NATION'S FLAG.

THANK YOU PASTOR CHAR.

PLEASE COME FORWARD.

LET'S PRAY.

FATHER, IN THE NAME OF JESUS, HOW WOULD YOU THANK YOU FOR THIS DAY THAT YOU MADE? GOD, WE REJOICE AND WE'RE GLAD IN IT.

FATHER, WE THANK YOU FOR EXTENDING US ANOTHER MERCY AND ANOTHER GRACE TODAY, FATHER, DEMONSTRATING YOUR FAITH IN THIS TO US.

NOW.

FATHER, YOU HAVE SAID IN YOUR WORD THAT WE OUGHT TO PRAY FOR THOSE IN AUTHORITY OVER US, GOD.

AND SO WE COME TODAY TO PRAY FOR THIS COUNCIL, THIS THE MAYOR AND ALL THE COUNCIL MEMBERS.

GOD, WE THANK YOU FOR THEIR SERVICE TO OUR CITY.

AND SO IN THE NAME OF JESUS, FATHER, I THANK THAT YOU WOULD GIVE THEM WISDOM, KNOWLEDGE, AND UNDERSTANDING ON HOW TO LEAD THIS CITY INTO A BETTER PLACE NOW.

FATHER, WE THANK YOU FOR OUR STAFF LED BY MR. WILLIAMS. GOD, WE PRAY THAT YOU WOULD GIVE THEM THE, THE SPIRIT OF EXCELLENCE, GOD, AS THEY DESIGNED PROGRAMS AND SYSTEMS, GOD AND PUT 'EM IN PLACE, GOD, THAT OUR CITY WILL BE ATTRACTIVE TO THOSE WHO COME.

AND SO FATHER, WE DECLARE THAT YOU WILL BLESS OUR CITY IN THE NAME OF JESUS.

AMEN.

AMEN.

AMEN.

THANK YOU.

OUR NATION'S FLAG.

I PLEDGE ALLEGIANCE JESUS TO THE FLY OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS ONE NATION UNDER GOD IN THE VISIBLE WITH LIBERTY AND JUSTICE TRIAL.

THANK YOU, PASTOR SHARP.

MAY I HAVE THE ROLL CALL PLEASE? MAYOR MUON PRESENT.

MAY I APPROACH TIM DIO, COUNCIL MEMBER, GET PRESENT.

COUNCIL MEMBER TURNER PRESENT, COUNCIL MEMBER SHAW PRESENT.

COUNCIL MEMBER SAMUEL AND COUNCIL MEMBER NEIL PRESENT.

THANK YOU.

THANK YOU.

TODAY AT THE CLOSE OF THE CITY COUNCIL MEETING, WE WILL HOLD AN EXECUTIVE SESSION TO CONSIDER MATTERS RELATED TO CONTEMPLATE OUR PENDING LITIGATION IN ACCORDANCE WITH SECTION 5 51 0 71 OF THE GOVERNMENT CODE, THE CLAIM OF DENISE PAULA CARDEN VERSUS CITY OF BEAUMONT CASE NUMBER 2 0 9 1 77, AND CALEB FINCHER VERSUS THE CITY OF BEAUMONT AND CHRIS BO.

CAUSE NUMBER B DASH TWO TEN TWO FORTY FOUR.

AT THIS TIME, WE

[Proclamations, Presentations and Recognitions]

HAVE ONE PROCLAMATION TODAY AND THE PROCLAMATION IS FOR THE NATIONAL CHIROPRACTIC HEALTH MONTH, AND I WILL READ AS FOLLOW.

WHEREAS NATIONAL CHIROPRACTIC HEALTH MONTH IS A NATIONWIDE OBSERVANCE THAT HELPS TO RAISE PUBLIC AWARENESS OF THE BENEFITS OF CHIROPRACTIC CARE AND ITS NATURAL WHOLE PERSON PATIENT CENTER AND DRUG FREE APPROACH TO HEALTH AND WELLNESS.

WHEREAS DOCTORS OF CHIROPRACTIC ARE PHYSICAL LEVEL HEALTHCARE PROVIDERS WHO FOCUS ON THE WHOLE PERSON IN THEIR CONSERVATIVE APPROACH TO PAIN MANAGEMENT AND HEALTHCARE AND HAVE PARTICULAR EXPERTISE IN THE PREVENTION CARE AND REHABILITATION OF MUSCULAR SKELETAL INJURIES AND CONDITIONS.

AND WHEREAS CHIROPRACTORS RECOGNIZE THROUGH RESEARCH AND CLINICAL EXPERIENCE THAT A SECONDARY LIFESTYLE CAN DIMINISH JOINT HELP, WELLNESS AND LONGEVITY, PHYSICAL ACTIVITIES NOT ONLY HELP REDUCE THE RISK OF CARDIOVASCULAR DISEASE, TYPE TWO DIABETES AND EVEN SOME CANCERS, IT ALSO STRENGTHENS OUR BONES AND MUSCLES AND HELP REDUCE THE INCIDENCE OF LOW BACK PAIN.

WHEREAS LOW BACK PAIN IS ONE OF THE MOST COMMON MUSCULAR SKELETAL CONDITIONS AND IS THE SINGLE LEADING CAUSE OF DISABILITIES WORLDWIDE.

WHEREAS THIS YEAR'S THING, CHIROPRACTIC ON THE FRONTLINE FOR PAIN SERVE AS A REMINDER THAT NONE DRUG TREATMENTS FOR LOW BACKS, SUCH AS FINAL MANIPULATION PROVIDE PROVIDED BY DOCTORS OF CHIROPRACTIC CAN HELP TO LESSEN, ARE ELIMINATE THE NEED OF RISKIER POTENTIALLY ADDICTIVE TREATMENTS AND SHOULD BE UTILIZED WHEN APPROPRIATE BEFORE STARTING PRESCRIPTION OPIOID PAIN MEDICATIONS.

NOW THEREFORE, I MAYOR ROBIN MUON OF THE CITY OF BEAUMONT

[00:05:01]

DUE, HEREBY PROCLAIM THE MONTH OF OCTOBER, 2022 AS NATIONAL CHIROPRACTIC HEALTH MONTH IN BEAUMONT AND ENCOURAGE ALL CITIZENS TO TAKE STEPS TO PROMOTE BETTER MUSCULAR SKELET HEALTH.

ACCORDINGLY, I HAVE SET THE SEAL ONTO MY HAND AND CAUSE THE CITY OF BEAUMONT TO BE AFFIXED ON THIS DAY.

OCTOBER 25TH, 2022 SIGNED MAYOR ROBIN MUON AND RECEIVING THIS PROCLAMATION FOR THE NATIONAL CHIROPRACTIC HEALTH MONTH IS DR.

JAMES WELCH, WHO IS THE FORMER PRESIDENT OF THE TEXAS CHIROPRACTIC ASSOCIATION.

WILL YOU PLEASE COME FORWARD, DR.

WELCH, AND RECEIVE YOUR PROCLAMATION? THANK YOU.

GOD.

THANK YOU.

THANK BAD PROBLEMS. , .

YOU WANT MY CARD? WANT , EVERYBODY TO TRUTH IN? YES.

THANK YOU.

SURE.

EVERYBODY'S, EVERYBODY'S LEFT OUT.

FIRST OF ALL, I WANT TO THANK YOU FOR THAT PRAYER.

I DON'T THINK THAT OUR SPIRITUAL LEADERS GET NEAR ENOUGH CREDIT TO DO WHAT THEY'RE DOING WITHIN THIS COMMUNITY AND THIS STATE, AND THIS, THIS WORLD.

ALL RIGHT? AND I APPRECIATE YOU BEING HERE AND STANDING UP HERE AND GIVING THAT PRAYER AND ASKING FOR WISDOM, UM, FOR THIS ORGANIZATION.

ALL RIGHT, FOR THE COUNCIL AND THOSE MEMBERS THAT ARE EVEN HERE SITTING OUT HERE.

AND I JUST WANNA SAY THANK YOU FOR THAT.

ALSO, WANNA SAY THANK YOU FOR, UH, THIS PROCLAMATION.

UM, I FIND IT INTERESTING THAT WE'RE GOING TO, WE'RE GONNA CLAIM, UH, OCTOBER AS THE CHIROPRACTIC MONTH.

AND UH, AND HERE IT IS NEARLY NOVEMBER.

SO BETTER LATE THAN NEVER, I GUESS.

AND, UH, I CAN PASS OUT BUSINESS CARDS IF YOU NEED 'EM, CAUSE I KNOW ANYONE THAT SITS IN THESE CHAIRS HAS A LOT OF STRESS AND A LOT OF PAIN IN THE NECK AND OTHER PLACES.

BUT I WANT TO THANK YOU FOR THIS, FOR THIS, UH, PROCLAMATION.

UM, EVERYONE KNOWS THAT THROUGH RESEARCH, MEDICAL RESEARCH BY THE WAY, THAT CHIROPRACTIC CARE IS THE NUMBER ONE CONSERVATIVE CARE FOR ALL TYPES OF SPINAL PAIN, WHETHER IT BE LOW BACK, NECK, SHOULDER, RIB, WHATEVER.

AND, UM, I JUST WANNA SAY THANK YOU TO THIS, THIS GROUP, AND I WISH YOU ALL THE LUCK AND ALL THE WISDOM THAT GOD CAN GIVE YOU.

THANK YOU.

THANK YOU SO VERY MUCH.

THANK YOU.

NOW'S

[CONSENT AGENDA ]

THE TIME FOR ANY CITIZEN WHO WISH TO SPEAK ON CONSENT.

AGENDA ITEM SIX THROUGH EIGHT.

IF YOU HAVEN'T ALREADY DONE SO, PLEASE FILL OUT THE GREEN SLIP TO THE BACK OF THE ROOM HANDED TO THE CLERK TO THE FRONT OF THE ROOM.

SHE WILL CALL YOUR NAME OUT WHEN IT'S TIME FOR YOU TO SPEAK.

YOU WILL HAVE THREE MINUTES.

THE GREEN LIGHT WILL COME ON AT THE BEGINNING AND THE RED LIGHT WILL COME ON AT THE END OF YOUR THREE MINUTES.

I DON'T HAVE ANY MAYOR.

OKAY.

THANK YOU.

AT THIS TIME, MAY I HAVE A MOTION FOR THE CONSENT AGENDA? MOVE TO APPROVE.

HAVE A MOTION AND A SECOND ON THE FLOOR.

IS THERE ANY DISCUSSION? ALL IN FAVOR PLEASE SIGNIFY BY SAYING AYE.

UH, ANY OPPOSE? THE MOTION CARRIES.

MAY I HAVE THE READING

[1.Consider an appeal from the Historic Landmark Commission of a denied Certificate of Appropriateness to construct a fence at 794 3rd Street]

OF ITEM NUMBER ONE, MR. CITY MANAGER.

THANK YOU MADAM MAYOR AND COUNSEL, UH, ONLY REQUESTED COUNSEL CONSIDER AN APPEAL FROM THE HISTORIC LANDMARK COMMISSION OF A DENIED CERTIFICATE OF APPROPRIATENESS TO CONSTRUCT DEFENSE AT 7 94 THIRD STREET.

LITTLE BACKGROUND, THE PROFIT OWNER REQUESTED A PERMISSION TO CONSTRUCT THE FENCE FOR THE PROPERTY, UH, FROM THE HISTORIC LANDMARK COMMISSION.

THE PROPERTY IS ON THE CORNER OF HAZEL AND THIRD, AND THE PROPOSED FENCE WOULD ENCOMPASS THE BACKYARD OF THE PROPERTY AND RUN ALONG THE SIDE YARD OF THE CORNER OF HAZEL AND THIRD STREET.

IT IS PROPOSED TO BE SIX FEET IN HEIGHT AND EIGHT INCHES IN WIDTH.

ADDITIONALLY, FENCE WOULD BE MADE OF CONCRETE BLOCKS COVERED

[00:10:01]

WITH STUCCO AND PAINTED WHITE WITH DECORATOR.

COLUMNS AND CLOTHES ARE ARE CLOSED, IS THE SITE PLAN.

STAFF FOUND THAT THE PROPOSED FENCE DID NOT MEET THE REQUIREMENTS OF THE ORDINANCE AND OFFER THEIR RECOMMENDATION FOR DENIAL.

THANK YOU FOR THE READING OF ITEM NUMBER ONE.

MAY I HAVE A MOTION PLEASE? SO FOR APPROVAL, I HAVE A MOTION ON THE FLOOR.

MAY I HAVE A SECOND? SECOND.

HAVE A MOTION AND A SECOND ON THE FLOOR.

IS THERE ANY DISCUSSION? COUNCIL MEMBER TURNER AND COUNCIL MEMBER NEIL? WELL, I JUST, JUST HAVE A BIT OF A CONCERN.

I KNOW THIS CAME BEFORE US, IT WENT BACK TO THE HISTORIC DISTRICT AND IT'S COMING BACK TO US AGAIN.

CAN STAFF GIMME A LITTLE BIT MORE CLARITY ON THE ORDINANCE? AND I SEE PICTURES OF THE FENCE.

I KNOW IT'S FAIRLY NICE, BUT HOW LONG HAS THIS ARTIST BEEN IN PLACE? AND, YOU KNOW, HOW DO WE EVALUATE TO MAKE SURE WE'RE STILL UP THE STANDARD AND KIND OF KEEPING UP WITH THE TIMES? RIGHT.

SO, MAYOR AND COUNCIL, UM, LET ME READ A COUPLE SECTIONS OUTTA THE AGENDA ITEM.

THE, THIS PORTION OF THE ORDINANCE WAS ADOPTED IN THE 1990S.

AND, UM, AGAIN, THE INITIALLY WHEN, WHEN, WHEN FOLKS COME TO THE CITY TO ASK FOR, UM, WHETHER IT'S APPROVAL OF OFFENSE OR A PERMIT, STAFF IS ABLE TO, UM, TAKE A LOOK AT IT, MAKE SOME INTERPRETATIONS, AND IF IT'S DENIED, YOU CAN TAKE IT TO THE LANDMARK COMMISSION.

LANDMARK COMMISSION IS CHARGED WITH INTERPRETING THE ORDINANCE AS WRITTEN.

UM, AND AS IN THIS CASE, IT WAS DENIED.

UM, BUT THEN AGAIN, THE ORDINANCE ALSO ALLOWS THE OPPORTUNITY FOR APPEAL, WHICH, AS YOU KNOW, UH, THE OWNER DID APPEAL IT.

CITY COUNCIL, UH, RETURNED IT BACK TO LANDMARK COMMISSION.

THEY TOOK ANOTHER LOOK AT IT.

BUT LET ME READ THIS, THIS SECTION HERE.

LANDMARK COMMISSION IS CHARGED WITH REVIEWING REQUESTS OF CERTIFICATES OF APPROPRIATENESS OR CAS FOR MOST EXTERIOR IMPROVEMENTS TO QUOTE, DETERMINE WHETHER THE PROPOSED WORK COMPLIES WITH THE PRESERVATION CRITERIA AND REGULATIONS.

AND IF THE PROPOSED WORK DOES NOT COMPLY WITH THE PRESERVATION CRITERIA AND REGULATIONS CONTAINED IN THIS OR ANY OTHER APPLICABLE ORDINANCE, THE HISTORIC LANDMARK COMMISSION SHALL DENY THE CERTIFICATE REGARDING THE DESIGN OFFENSES WITHIN THE HISTORIC DISTRICT.

THE ORDINANCE SECTION 28.0 3.018 G THREE D OF THE ORDINANCE STATES, QUOTE, CONCRETE BLOCK FENCES ARE NOT PERMITTED.

END QUOTE.

AND SO I THINK BOTH STAFF AND THE LANDMARK COMMISSION INTERPRETED THAT TO SAY THAT WHAT IS PROPOSED IS NOT PERMITTED UNDER THE ORDINANCE.

IS THAT COMPLETE? SURE.

YEAH.

I I, MY, MY QUESTION WAS, I, I UNDERSTAND WHAT'S IN THERE, BUT I JUST WANT A BETTER UNDERSTANDING OF THE WHY.

OKAY.

SO THE WHY IS THE, THE CITY'S LAND HISTORIC LANDMARK DISTRICT WAS FORMED BACK IN THE 1990S.

AND THE IDEA BEHIND THE HISTORIC DISTRICT IS, UM, YOU WANT TO ESSENTIALLY PRESERVE, UM, AND PROTECT THE INTEGRITY, ARCHITECTURAL INTEGRITY OF THAT NEIGHBORHOOD.

AND SO IN ORDER TO DO THAT, UM, ANY CHANGES TO THESE STRUCTURES WITHIN THE DISTRICT, UM, ARE REGULATED.

SO THAT DOES INCLUDE PAINT COLOR, IT INCLUDES ALTERATIONS TO STRUCTURES, IT INCLUDES SH YOU KNOW, WHAT KIND OF SHINGLES YOU CAN USE.

IT INCLUDES FENCES.

SO ESSENTIALLY ANYTHING RELATED TO THE STRUCTURE, UM, IS ENCOMPASSED IN THOSE, IN THOSE ORDINANCES.

SO THE WHY IS TO PRESERVE THE, UH, INTEGRITY OF THE NEIGHBORHOOD.

AND MY LAST ONE, MY FOLLOW UP IS FOR RESIDENTS OR INVESTORS THAT MAY BUY IN THAT PARTICULAR AREA, HOW THEY AWARE OF THIS PRIOR TO BUYING? CAUSE I KNOW THAT CAN BE TOUGH ONCE YOU INVEST IN A PROPERTY AND YOU FIND OUT THESE REGULATIONS AND RULES AFTER BUYING THE PROPERTY, RIGHT? COUPLE WAYS.

ONE IS EVERY INTERSECTION WITHIN THE HISTORIC DISTRICT HAS A SIGN THAT'S LABELED HISTORIC DISTRICT OR OAKS DISTRICT.

THE OTHER THING IS WHEN YOU BUY A PROPERTY, I BELIEVE THERE'S A DEED, UH, THERE'S A, UH, INSTRUMENT RECORDED SO THAT WHEN YOU GET YOUR TITLE WORK, IT DECLARES IT.

LETS BASICALLY THE BUYER KNOW THAT YOU ARE BUYING WITHIN A HISTORIC DISTRICT.

SO FOR ANY CHANGES, PLEASE CONTACT THE CITY.

THANK YOU.

COUNCIL MEMBER NEAL.

AND COUNCIL MEMBER GETZ, THE MAYOR PRO.

TIM DU.

YEAH.

WELL, THANK YOU, MAYOR.

SO, JUST FOR CLARIFICATION, UH, COUNCILMAN SAMUEL, YOUR MOTION IS FOR DENIAL, CORRECT? YES.

MY, MY MOTION IS FOR DENIAL.

CAUSE WELL, I'LL STATE MY REASON.

OKAY.

SO I GUESS MY QUESTION IS, IS I

[00:15:01]

STRUGGLE WITH THE HYPOCRISY OF THE FACT THAT WE ALLOW 10 CITIES TO BE BUILT OVER THERE, BUT THEN WE'RE GONNA DICTATE ON WHAT KIND OF FENCE SOMEBODY CAN BUILD OVER THERE.

AND IT JUST DOESN'T SEEM, SOMETHING JUST DOESN'T ADD UP FOR ME.

HERE WE GOT A GENTLEMAN THAT WANTS TO SPEND THOUSANDS OF DOLLARS BUILDING WHAT APPEARS TO BE A NICE LOOKING FENCE, AND IT JUST SEEMS LIKE WE'RE PUTTING ONE ROAD BLOCK UP VERSUS THE, IS THERE ANY WAY WE CAN GET THE APPLICANT TO COME TALK SO WE CAN HEAR HIS SIDE OF IT? OKAY.

UM, BEFORE I GO TO YOU, COUNCIL MEMBER GOETZ, LET ME, UH, ALLOW COUNCIL MEMBER SAMUEL, TO RE CLARIFY RESPOND.

MY MOTION IS FOR DENIAL BECAUSE THERE'S AN EXISTING COVENANT IN THAT AREA.

NOT THAT I ALWAYS LIKE IT, BUT THAT'S EQUIVALENT TO THE LAW.

ANYONE THAT'S GOING INTO THAT, UH, NEIGHBORHOOD.

AND THE BASIS OF THE DENIAL AS I UNDERSTAND IT, IS THE FACT THAT THEY'RE WANTING TO USE CONCRETE BLOCKS FOR FENCING THAT'S BEEN KNOWN THROUGH THE YEARS.

UH, I HAD A BIG FIGHT PERSONALLY MYSELF WITH, UH, THAT SOME OF THOSE COVENANTS.

SO THAT IS THE LAW, AND THAT'S WHY I SUPPORTED THE DENIAL TO ALLOW THEM, THEY'VE HAD THE OPPORTUNITY TO APPEAL IT.

AND THAT DOESN'T CHANGE THE TYPE OF FENCE.

NOW, IF WE DON'T WANT THAT COVENANT IN THE LAW, THEN WE NEED TO CHANGE THE ORDINANCE AND THAT, THAT COVENANT.

BUT UNTIL WE DO THAT, THE PROPER THING, IN MY OPINION, IS TO FOLLOW THE LAW.

THANK YOU.

UH, COUNCIL MEMBER GOZ AND THE AMERICOR ATTEMPT IS THE FENCE VISIBLE FROM THE STREET? UH, THE PROPOSED FENCE? THE PROPOSED FENCE WOULD BE, YES.

OKAY.

AND THE PROPOSED FENCE HAS NOT BEING CONSTRUCTED.

IT IS A PROPOSED FENCE.

HE, IT, IT'S JUST, IT HASN'T STARTED YET, RIGHT? TO MY KNOWLEDGE, THAT'S CORRECT.

OKAY.

SO COUNCIL MEMBER SAMUEL WILL REMEMBER, AND I DO TOO, THAT THIS AREA WAS BECOMING A BLIGHTED AREA BEFORE IT BECAME A HISTORIC DISTRICT.

AND IT WAS THE ENACTMENT OF THESE GUIDELINES THAT STARTED BRINGING THIS DISTRICT BACK UP SO THAT PROPERTY OWNERS THAT WERE GOING TO INVEST IN A HOUSE IN THIS DISTRICT KNEW THERE WOULD BE A CONSISTENT APPLICATION OF A SET OF GUIDELINES, COVENANTS, LAWS, IF YOU WILL, THAT IS GOING TO APPLY ACROSS THE BOARD.

AND SO THAT IF THEY BOUGHT A HOUSE IN THAT THEY KNEW THAT THEY WERE GOING TO RETAIN THE HISTORIC NATURE OF THAT NEIGHBORHOOD.

AND IF YOU START LETTING IT BE CHIPPED AWAY AT, YOU KNOW, PIECE BY PIECE, YOU SLOWLY IT ERODES AND YOU KNOW, YOU KNOW THAT THAT WOULD BE A PROBLEM.

SO COUNCIL MEMBER SAMUEL, I I AGREE WITH YOUR ANALYSIS THAT WE NEED TO, UH, APPLY CONSISTENCY HERE.

I WOULD LIKE TO HEAR FROM THE APPLICANT AS TO WHY SOME OF THE, UH, OTHER PROPOSED METHODS THAT THE HISTORICAL LANDMARK COMMISSION HAS, UH, BROUGHT FORTH AND SUGGESTED TO YOU TO USE, WHY THAT COULDN'T BE DONE, UH, IN LIEU OF A CONCRETE FENCE.

BUT, UH, OTHER THAN THAT, I, I SUPPORT THE DENIAL AS WELL.

THANK YOU COUNCIL.

UH, MAYOR PROTO JU SO LOOKING AT THE LETTER, MR. HIGH SMITH WROTE, YOU MADE SOME VALID POINTS NOTE, AND I DON'T UNDERSTAND WHY THEY'RE GONNA HAVE A BRICK FENCE, BUT THEY CAN'T HAVE A CDER BLOCK FENCE WITH STUCCO.

IT'S, IT LOOKED MUCH NICER.

IT WOULD BE STRONGER.

A WOODEN FENCE, YOU'RE GONNA PROBABLY HAVE TO REPLACE IT PRETTY SOON.

IT'S NOT GONNA LAST FOREVER.

WHAT ARE THE STEPS TO PULL THIS, UH, TO CHANGE THIS? SO TO ALLOW HIM TO BE ABLE TO PUT UP A CINDER BLOCK FENCE, SO YOU COULD EITHER AFFIRM HIS APPEAL, WHICH WOULD ALLOW HIM TO PUT THE CINDER BLOCK WALL.

IF THAT'S THE CASE, MY RECOMMENDATION WOULD BE TO CONSIDER WHETHER OR NOT THE ORDINANCE SHOULD BE CHANGED.

UH, AND THAT WAY WOULD APPLY TO EVERYONE.

UM, SO COUNCILMAN SAVI SAID THAT THIS COVENANT IS LAW, OR ARE WE ABLE TO, UH, APPROVE THE APPEAL AND NOT BREAK THE LAW? SO IF IT WAS THE COUNCIL'S DESIRE TO APPROVE IT, THEN YOU WOULD ALSO HAVE TO, IT WOULD ESSENTIALLY NEGATE THAT, THAT ITEM AND THAT THING.

SO YOU WOULD HAVE TO GO BACK.

NOT IT'S, I KNOW MR. ROONE PHRASE IT AS A RECOMMENDATION, BUT IN ORDER TO BE CONSISTENT, YOU WOULD NEED TO FIX IT SO THAT IT WOULD BE, YOU KNOW, RETROACTIVELY APPLIED, IF

[00:20:01]

THAT MAKES SENSE.

SO YOU, LIKE, IT WOULD ALMOST BE SIMULTANEOUS.

SO LIKE IF YOU WANTED TO APPROVE IT, YOU WOULD HAVE TO COME BACK NEXT WEEK AND ASK STAFF TO AMEND THAT ORDINANCE PROVISION.

COULD, COULD WE TABLE THIS AND DO THAT STEP AND THEN RECONSIDER IF YOU WANTED TO, TO BE MORE NEAT? YOU COULD, YES, SIR.

OKAY.

WELL, I WILL LIKE TO, I WOULD LIKE TO CLARIFY MY INTERPRETATION OR MY CLASSIFICATION AS A LAW.

IT IS A, UH, OR IT IS A LAW OF THE CITY, NOT BY THE STATE MANDATED THIS IS A DESIRE OR A COVENANT OR A PROMISE THAT WE'VE MADE TO THAT NEIGHBORHOOD, THAT THESE ARE THE THINGS THAT HAVE TO BE FOLLOWED IN ORDER TO DO WHAT YOU WANT TO DO IN THAT NEIGHBORHOOD.

I UNDERSTAND THAT, BUT THIS CAME INTO EFFECT 30 YEARS AGO.

I MEAN, AT SOME POINT YOU JUST HAD TO USE COMMON SENSE.

IF SOMEBODY WANTS TO INVEST MONEY IN THAT NEIGHBORHOOD AND THEY WANT TO PUT UP A NICE BRICK FENCE WITH STUCCO THAT LOOKS NICE AND IT LOOKS GOOD ON THE HOUSE, THEN IT MIGHT BE TIME TO CHANGE SOMETHING THAT'S 30 YEARS OLD.

WELL, I, I AGREE, BUT IT'S NOT TO BE DONE TO AN INDIVIDUAL ON AN INDIVIDUAL BASIS.

WE HAVE TO BE CONSISTENT AND CHANGE, IN MY OPINION, CHANGE THE RULES OR CHANGE THE LAW OR CHANGE THE PROMISE OR CHANGE THE COVENANT.

OKAY.

COUNCIL MEMBER PHIL.

SURE.

AND COUNCIL MEMBER GETS THEN COUNCIL MEMBER TURNER, A LOT OF INTEREST IN OFFENSE.

CHRIS, UH, I'M, YOU MAY NOT BE ABLE TO ANSWER THIS QUESTION, BUT, UH, I'M ASSUMING THAT THE REASON FOR THE CENTER BLOCK, UH, BEING PROHIBITED IS BECAUSE OF AESTHETICS.

WE WANT IT TO LOOK NICE AND, UH, THERE'S A CERTAIN CONSISTENCY THAT THEY'RE LOOKING FOR, AND I GET THAT.

BUT THIS FENCE WILL BE COVERED WITH STUCCO, SO YOU'RE NOT GONNA SEE THE BLOCK.

CORRECT? CORRECT.

THEN SECOND QUESTION IS, IS STUCCO USED IN THE HISTORIC DISTRICT ON HOUSES? SO ON A, ON SOME, YES.

SO STUCCO AS MATERIAL IS ALLOWED, IT'S THE CENTER BLOCK THAT'S NOT, WELL, A CENTER BLOCK BLOCK FENCE AS, AS THAT'S EXPOSED, I'M ASSUMING WAS THE INTENTION OF THE RULING TO PREVENT THEM USING THE CENTER BLOCK AND JUST EXPOSED, WHICH IS COMMON IN BEAUMONT.

UH, AND, AND THERE'S A CERTAIN LOOK THEY WERE TRYING TO MAINTAIN, BUT THIS HOMEOWNERS WANTED TO COVER THIS WITH STUCCO, SO THE BLOCK WILL NOT BE EXPOSED.

YEAH.

AND AGAIN AND AGAIN, OUR STAFF INTERPRETATION OF LANDMARK COMMISSION'S INTERPRETATION, THAT EVEN THOUGH THE CINDER BLOCK WOULD BE COVERED WITH STUCCO, THAT WE FELT LIKE IT WAS STILL IN VIOLATION OF THE RULING.

CORRECT.

BUT THE RULING, THE CONS, THE RULING DOESN'T SPEAK TO STUCCO.

IT ONLY SPEAKS TO THE CENTER BLOCK.

IT'S IT, THE WAY IT READS SO THAT WE'RE ALL CLEAR CONCRETE BLOCK FENCES ARE NOT PERMITTED.

SO IT DOESN'T, IT DOESN'T SPECIFICALLY STATE STUCCO.

BUT, AND I WOULD LIKE, IF I CAN JUST ADD ONE CAVEAT, BECAUSE SOMETIMES IT'S CONFUSED, IT'S A LITTLE BIT CONFUSING.

AS YOU CAN IMAGINE WHEN YOU'RE TRYING TO WRITE AN ORDINANCE FOR EVERY CONTINGENCY OF A STRUCTURE, WHETHER IT BE COLOR OR MATERIALS USED OR SHAPE, IT COULD, IT GETS VERY COMPLICATED.

AND THAT'S WHY, YOU KNOW, WE HEAR, WE HEAR THE SNICKERING ABOUT THE PAINT COLORS AND YOU KNOW, WHY WE GET SO INVOLVED IN IT.

AND THAT'S THE REASON WHY IT IS SO SPECIFIC AND SO EXTENSIVE.

BUT I WOULD POINT OUT IT'S NOT NECESSARILY JUST FOR AESTHETICS, IT IS MORE FOR WHAT IS, WHAT IS, UM, MAYBE TYPICAL OF THE DISTRICT FOR THE, AND WE DO HAVE A VARIETY OF ARCHITECTURAL STYLES IN THE DISTRICT, BUT KIND OF WHAT IS TYPICAL FOR THE MAJORITY OF THOSE HOMES.

AND SO THE IDEA IS TO TRY TO STICK TO THAT AS MUCH AS POSSIBLE.

SO NOT NECESSARILY WHAT THIS GROUP THINKS IS ATTRACTIVE OR NOT, IT'S REALLY MORE WHAT'S IN KEEPING WITH THAT ARCHITECTURAL STYLE CONSISTENCY.

YEAH.

YES.

AND SO, BUT WHAT YOU MENTIONED, WHAT YOU JUST SAID THOUGH, ALSO SPEAKS TO WHAT COUNCIL URIEL SAID.

IT GETS COMPLICATED.

SO THAT MEANS THAT FROM TIME TO TIME, PERHAPS THESE RULES HAVE TO BE UPDATED AND, AND LOOKED AT, BECAUSE I DO KNOW THINGS CAN CHANGE.

CORRECT.

OKAY, THANK YOU.

OKAY, COUNCIL MEMBER GOS, COUNCIL MEMBER SAMUEL, THEN MAYOR PRO TIM DIA.

SO YEAH, THINGS CAN CHANGE, BUT PART OF THE HISTORICAL DISTRICT IS TO KEEP THEM FROM CHANGING.

AND IN THE TWENTIES, THIRTIES AND FORTIES, YOU DIDN'T HAVE FENCES BEING BUILT OUT OF CONCRETE BLOCKS AND THEY WANT TO RETAIN A CERTAIN LOOK.

AND SO I GET THAT.

ON THE OTHER HAND, YOU WOULD HAVE BRICK FENCES BUILT IN THE TWENTIES AND THIRTIES AND FORTIES, AND A LOT OF TIMES THEY WERE COVERED WITH IVY AND GREENERY AND THEY LOOKED FINE.

I PERSONALLY WOULD NOT HAVE

[00:25:01]

A PROBLEM WITH A CONCRETE FENCE IF IT WAS COVERED WITH GREENERY AND VINES AND STUFF LIKE THAT.

BUT THE WAY THIS PICTURE LOOKS, IT'S A VERY STARK EXAMPLE, GIVEN IT'S, AND I REALIZE THAT'S SUBJECTIVE, THAT THAT'S HOW I LOOK AT IT.

SOMEBODY ELSE MIGHT THINK, MAN, THAT'S, THAT'S GREAT, BUT YOU KNOW, IT, IT LOOKS VERY STARK.

SO IN MY OPINION, SO I, I WOULD BE, I THINK WE WOULD BEST BE SERVED IF WE, FOR INSTANCE, IF IT WAS THE WILL OF COUNCIL TO ALLOW CONCRETE FENCES TO EXIST TO CHANGE THE ORDINANCE.

BUT I WOULD ALSO PREFER THAT IF YOU BUILD A CONCRETE FENCE, IT WOULD BE WITH THE VISION THAT IT BE COVERED WITH STUCCO OR, OR GREENERY SO THAT IT, YOU DON'T LOOK LIKE A, A CONCRETE CINDER BLOCK FENCES.

AND, AND I HAVE CHRIS, PAGE FIVE SAYS THE HOUSE, THE HOUSE IS NOT LISTED IN THE SPARE SURVEY.

WHAT IS, WHAT IS THE SPARE SURVEY? SO WHEN THE DISTRICT WAS CREATED BACK IN THE 1990S, PART OF THAT PROCESS, BECAUSE AGAIN, THE LAW COMES FROM THE STATE, UH, BASICALLY THE STATE ENABLE ENABLES US TO HAVE THESE KINDS OF DISTRICT AND HAVE THESE KINDS OF RULES.

UM, WE HAVE TO DO A SURVEY OF THE DISTRICT TO MAKE SURE THEY HAVE A SIGNIFICANT NUMBER OF WHAT THEY CALL CONTRIBUTING PROPERTIES, WHICH ARE ESSENTIALLY ENOUGH HISTORIC HOMES, HISTORIC STRUCTURES.

UM, AND SO THAT SPARE SURVEY WAS JUST THAT.

SO THEY WENT BACK DURING THE FORMATION OF THE DISTRICT STREET BY STREET, UH, BASICALLY CATALOGING ALL THE STRUCTURES, IDENTIFYING WHEN THEY WERE BUILT, IDENTIFYING, UH, THE ARCHITECTURAL STYLE.

SO THAT WAS, THAT WAS THE SURVEY DONE IN THE, IN THE RUN UP TO THE CREATION OF THE DISTRICT.

OKAY.

OKAY.

COUNCIL MEMBER SAMUEL AND COUNCIL MEMBER TURNER, AGAIN, OVER THE PAST, I DO RECALL THERE HAVE BEEN DENIALS BECAUSE OF THE CINDER BLOCK FENCES.

IS THAT CORRECT? YES, SIR.

AND THAT'S NOT JUST ONE OR WELL, I KNOW OF AT LEAST TWO OR THREE OF OTHER PEOPLE.

OF OTHER PEOPLE IN THE PAST.

YES, SIR.

UH, AND THAT'S, SINCE I'VE BEEN OVER, UH, I DO UNDERSTAND THINGS CHANGE, BUT IF WE ARE GOING, IF, IF THERE WILL BE A CHANGE, IT CAN'T BE SUBJECTIVE.

IT HAS TO BE OBJECTIVE WHEREBY THERE'S CRITERIA TO MAKE THE BASIS OF THAT.

AND IN THIS PARTICULAR CASE, THERE CAN BE AN AMENDMENT TO THE, UH, ORDINANCE THAT ALLOWS FOR A CERTAIN TYPE OF CINDER BLOCK, IF THAT'S WHAT WE WANT TO DO AS A WHOLE.

BUT WHEREBY THEY'RE COMING WITH A, AN ATTRACTIVE CINDER BLOCK FENCE AND WE SAY, OKAY, WE ARE GONNA ELIMINATE CINDER BLOCK.

SOMEONE COULD THEN COME BACK AND JUST PUT CINDER BLOCKS UP AND CALL IT A FENCE.

THAT PRESENTS ANOTHER PROBLEM.

SO THERE'S A REASON THAT THESE COVENANTS ARE THERE.

I DON'T ALWAYS LIKE IT BECAUSE IN A WAY IT, IT, IT CREATES SOMETHING SPECIAL FOR A PARTICULAR AREA IN OUR CITY.

BUT THAT'S WHAT THIS HISTORIC DISTRICT WAS DESIGNED TO BE BY THOSE THAT CAME FORWARD.

IF WE WANT TO DO THAT, IF WE WANT PEOPLE TO BE ABLE TO PUT WHATEVER THEY WANT ON THEIR PROPERTY WITHIN THE OVERALL CITY SCHEME OF IT, THEN WE JUST NEED TO LOOK AT ELIMINATED A, HIS HISTORIC DISTRICT.

BUT I DON'T THINK THAT'S WHAT WE ARE TALKING ABOUT TODAY, BUT ONE CHANGE, ONE MINOR CHANGE COULD MAKE A SIGNIFICANT IMPACT ON THE OVERALL, UH, RULE.

SO I WANNA CAUTION COUNCIL ABOUT TRYING TO MAKE THE ORDINANCE TOO SPECIFIC.

WHEN WE DRAFT ORDINANCE, WE WANT IT TO BE GENERAL.

UM, IT, IT ALWAYS IS OBVIOUSLY OPEN TO INTERPRETATION BY THE BOARD ON REVIEW BY THE COUNCIL.

BUT WHEN YOU MAKE SOMETHING TOO, TOO DETAILED OR YOU TARGET A PARTICULAR THING, IT CREATES PROBLEMS DOWN THE LINE.

CAUSE WE'RE NEVER GONNA BE ABLE TO ADDRESS EVERYTHING.

AND SO WHAT COUNCIL IS CHARGED WITH TODAY IS WHAT WAS THE SPIRIT OF THAT ORDINANCE AT THE TIME IT WAS DRAFTED? WAS IT INTENDED TO, TO PREVENT EXPOSED CONCRETE CINDER BLOCK FENCES? WAS IT INTENDED TO NOT ALLOW CINDER BLOCK FENCES AT ALL? LIKE WHAT WAS THE SPIRIT BEHIND IT? OBVIOUSLY WE CAN GO BACK AND AMEND IT AND ADD THE WORD NO, EXPOSE CINDER BLOCK, UM, FENCES.

IF THAT WOULD MAKE COUNCIL HAPPY, BUT THEN WE WOULD, COUNCIL WOULD OBVIOUSLY HAVE TO COME BACK AND DETERMINE WHAT EXPOSED MEANS AT ONE

[00:30:01]

TIME.

IF IT'S COVERED WITH STUCCO, OBVIOUSLY IT'S NOT EXPOSED, BUT DOES PAINT NOW QUALIFY AS NON EXPOSURE? DOES VINES GROW ON THE FENCE NOW QUALIFY AS IT NOT BEING EXPOSED? AND SO THERE'S ALWAYS GONNA BE ROOM FOR INTERPRETATION IN ORDINANCE.

AND SO WE, I WOULD CAUTION YOU AGAINST, UM, AMENDING, UH, TO SPECIFICALLY ON A PARTICULAR ISSUE BECAUSE IT WILL CREATE ISSUES DOWN THE LINE.

ARE YOU SAYING THIS ISSUE AS FAR AS WHETHER WE APPROVE IT OR DENY IT BASED ON THE FACTS PRESENTED? I'M TELLING YOU IT'S UP TO COUNSEL.

DETERMINE WHAT THAT THAT INTERPRETATION WAS.

IT WAS A INTERPRETATION OF STAFF THAT SAID THAT, YOU KNOW, A CINDER BLOCK, THERE WERE NO CINDER BLOCK FENCES.

AND SO OBVIOUSLY, UH, I GUESS CHRIS WAS AT THE MEETING AND TALK TO THAT.

THEY INTERPRET THAT TO MEAN THAT THAT EXCLUDED ALLINDER BLOCK FENCES, WHETHER IT WAS EXPOSED OR NOT EXPOSED.

UM, IT'S COUNSEL'S RESPONSIBILITY NOW AT THE TIME OF THE APPEAL TO DETERMINE WHETHER OR NOT YOU ACCEPT THAT INTERPRETATION AS IS OR IF YOU INTERPRET IT IT DIFFERENTLY, IF YOU INTERPRET IT TO MEAN AS THEY DID, THAT MEANS IT EXPOSED THAT NO, UH, CENTER BLOCK FENCES SHOULD BE ALLOWED WHETHER THEY'RE EXPOSED OR NOT EXPOSED.

CUZ COUNCILMAN FELLOW SHAW BROUGHT UP A POINT THAT, YOU KNOW, IT'S COVERED AND STUCCO IS ALLOWED.

AND SO IN THIS POINT, THE OKAY NEEDS COULD BE A COVERED, BUT THAT'S FOR COUNSEL TO DO, IF COUNSEL WANTS TO JUST AMEND THE ORDINANCE, THAT'S SOMETHING FOR COUNSEL TO DO.

BUT COUNSEL'S ALWAYS GONNA BE CHARGED WITH BRINGING UP WHETHER OR NOT THAT WHEN THESE APPEALS COME BEFORE COUNSEL, IT'S WHETHER OR NOT YOU AGREE WITH THE INTERPRETATION OF, OF THE COMMISSION OR WHETHER OR NOT YOU INTERPRETATE THAT PROVISION OF THE ORDINANCE DIFFERENTLY.

THAT'S YOUR RESPONSIBILITY.

OKAY.

SO AS OUR ATTORNEY, YOU'RE SEEING THAT IS A DECISION FOR THE COUNCIL TO DETERMINE HOW WE SHOULD INTERPRET THIS? OR IS THAT YES, YOUR, YOUR RESPONSIBILITY IS TO, YOU HAVE TWO PARTS RIGHT NOW, A TO ACCEPT THE RECOMMENDATION THAT WAS PRESENTED TO YOU BY THE COMMISSION AND, AND BASICALLY IN TURN ACCEPT THEIR INTERPRETATION OF THE ORDINANCE.

OR YOU CAN PROVIDE YOUR OWN INTERPRETATION OF THE ORDINANCE.

BUT AGAIN, WHEN YOU DO THAT, YOU ALSO CREATE A PRESENCE ABOUT HOW YOU VIEW THAT.

EXACTLY.

SO IF YOU'RE SAYING YOU WANT US TO MEND THAT ORDINANCE, YOU WANT US AMEND IT, MY STATEMENT WAS THAT WE NEED TO BE CAREFUL ON WHEN YOU DIRECT SAP TO AMEND AN ORDINANCE TOO SPECIFICALLY, BECAUSE THEN WE COME INTO A PROBLEM WHERE YOU START HAVING MORE APPEALS AND YOU LIMIT THE ABILITY OF THAT COMMISSION TO MAKE INTERPRETATIONS OR TO ALLOW LEEWAY.

AND IF YOU'RE SAYING, WE'RE ONLY GONNA ALLOW THIS SHADE UP YELLOW AND WE'RE ONLY GONNA ALLOW THIS BRAND TO PAINT, RIGHT? THE NO OTHER BRANDS OF PAINT, NOR NO MATTER HOW CLOSE TO THAT, THAT SHADE ARE GONNA BE ALLOWED BECAUSE WE ONLY ALLOWED THIS, THIS BRAND TO PAINT.

WE DON'T, THEY DON'T DO THAT.

THEY HAVE A, A COLOR PALETTE.

AND IF YOU GET CLOSE TO THAT COLOR PALETTE, IT'S OPEN TO INTERPRETATION AS TO WHETHER OR NOT IT MEETS THE REQUIREMENTS IN THE HISTORIC DISTRICT.

BUT WHEN YOU GET TOO SPECIFIC, YOU START, YOU TAKE AWAY THE ABILITY FOR THEM TO ALLOW FOR INTERPRETATION OF THE ORDINANCE.

WELL, AND THEN THERE'S NO POINT IN HAVING THE COMMISSION.

WELL, I DISAGREE WITH YOU AS BASICALLY I DISAGREE WITH THAT, BUT I BELIEVE IT'S STATED NO CINDER BLOCK OFFENSES.

THAT'S PRETTY STRAIGHTFORWARD.

MAYOR, INTERPRET.

THAT'S HOW I ENTERED.

AND AND THAT'S WHAT I SAID.

AND MY, MY, MY QUESTION WAS NOT TO QUESTION YOUR, MY, MY STATEMENT WAS THAT COUNCIL SHOULD BE CAREFUL ABOUT BEING TOO SPECIFIC IN THE ORDINANCE.

THE QUESTION WAS RAISED WHETHER OR NOT WE CAN AMEND THE ORDINANCE AND WE CAN, BUT IF YOU AMEND THE ORDINANCE, YOU START GETTING VERY SPECIFIC ABOUT THE ORDINANCE, THEN YOU CREATE OTHER ISSUES AND THEN IT'LL COME BACK.

SO AGAIN, THAT COMES TO WHETHER WE ARE GONNA BE USED OBJECTIVE CRITERIA TO MAKE OUR DECISION OR WHETHER WE'RE GONNA BE SUBJECTIVE AND JUST GO BY WHAT WE FEEL.

LOOK, WE HAVE A THIRD OPTION ALSO.

AND OKAY, ONE MOMENT.

I JUST REMEMBER TURNER, WHAT'S NEXT? OKAY.

AND THEN COUNCIL MEMBER GETS, I'M SORRY.

ALL RIGHT, WELL, APPRECIATE YOU MAYOR.

AND MY QUESTION IS, I'M TRYING TO GET A GENERAL UNDERSTANDING OF THIS, AND WHEN YOU GUYS FORMED THIS DISTRICT, MR. BOONE WAS NEIGHBORHOODS INVOLVED WITH A COMA COMBINATION BETWEEN THE NEIGHBORHOOD AND THE CITY FOR A JOINT PROJECT? YOU KNOW, LIKE, THAT'S WHAT I'M TRYING TO GET A CLEAR UNDERSTANDING OF.

YEAH, SO BEFORE MY TENURE, BUT AS I UNDERSTAND IT, UM, ESSENTIALLY THE NEIGHBORHOOD WORKED IN PARTNERSHIP WITH THE CITY TO CREATE THIS DISTRICT.

SO IT WAS WITH FULL COOPERATE COOPERATION OF THE NEIGHBORHOOD.

AND SO THE INITIAL, UM, DISTRICT THAT WENT IN WAS NORTH OF CALDER, AND THEN A COUPLE YEARS LATER, UM, SOUTH OF CALDER, THAT PORTION OF THE DISTRICT CAME IN.

SO IT WAS IN PARTNERSHIP WITH, WITH THE NEIGHBORHOOD.

NOW WAS EVERYBODY A HUNDRED PERCENT FOR IT? LIKE I'M PRETTY SURE IT WASN'T.

UM, BUT, UH, THE, BUT IT WASN'T, IT WASN'T COOPERATION WITH THE NEIGHBORHOOD.

AND THAT'S WHY I'M ASKING WITH THIS PARTICULAR DISTRICT, YOU KNOW, JUST OUTTA

[00:35:01]

CURIOSITY AND MAYBE I'M NOT AS UPDATED WITH IT, THAT'S WHY I'M ASKING WHEN IT COMES TO LIKE THE OUTSIDE CA AESTHETICS OF THE HOMES OR THEY STILL HELD TO THE SAME STANDARD THAT WE'RE HOLDING TO THE FENCE.

BECAUSE YOU KNOW, LIKE TAYLOR SAID EARLIER, YOU GOT A HOMELESS CAMP RIGHT HERE AND YOU GOT A HOUSE THAT ISN'T PROPERLY BEING GROOMED.

AND NOW WE GOT A FENCE THAT BEING PRESENTED THAT'S FAIRLY NICE.

WE'RE SAYING NO TO THAT.

SO I MEAN, ARE ARE THEY BEING HELD TO THE SAME STANDARD? YES, IF YOU'RE IN THAT DISTRICT, OKAY, IF YOU'RE IN THAT HISTORIC DISTRICT, YOU KNOW THAT WHENEVER YOU PAINT YOUR HOUSE, YOU HAVE TO MAKE SURE IT MEETS THE APPROVED PALLET.

IN OTHER WORDS, THERE WE HAVE A, WE HAVE A SET OF APPROVED COLORS.

IF YOU DEPART FROM THAT AND WANNA DO SOMETHING DIFFERENT, YOU CAN TAKE IT TO THE LANDMARK COMMISSION AND THEY CAN RULE YES, THAT'S COM THAT'S APPROPRIATE OR NO, IT'S NOT.

IF YOU DISAGREE, YOU CAN APPEAL TO THE CITY COUNCIL LIKE WE'VE DONE HERE.

SO, BUT YES, EVERY EXTERIOR MODIFICATION TO THE STRUCTURE, FENCES BUILT, DRIVEWAYS, IT'S A LOT TO IT.

AND, AND TO, AND SO WE'RE CLEAR, I MEAN THERE'S A COST TO THE CITY TO HAVE THIS DISTRICT, RIGHT? LIKE WE SPEND STAFF TIME ADMINISTERING IT AND SO, BUT IT'S AN AMENITY FOR THAT NEIGHBORHOOD.

THE IDEA IS THAT WHEN YOU, WHEN YOU MOVE INTO THAT NEIGHBORHOOD, YOU'RE, YOU'RE HAVING THAT ADDITIONAL PROTECTION.

WELL, YES, IT CAN BE A HEADACHE AND IT CAN KEEP YOU FROM DOING MAYBE CERTAIN THINGS YOU WANT TO DO WITH YOUR PROPERTY.

UM, THE FLIP SIDE IS THE MAJORITY OF THE NEIGHBORHOOD AND IT ISN'T AN ORDINANCE IS IS THAT IT? SO YOU HAVE THIS VALUE SO YOU KNOW THAT I HAVE A HISTORIC HOME AND I KNOW NEXT DOOR IS NOT GONNA BE BUILT, PROBABLY NOT GONNA BE BUILT A MODERN HOME OR MY NEIGHBOR'S NOT GONNA TE YOU KNOW, PAINT THIS HOUSE BRIGHT PINK, UM, OR, OR WHATEVER THEY MIGHT BE.

BUT YOU GOTTA GET LANDMARK COMMISSION APPROVED OF THAT COLOR.

SO THAT'S, THAT'S THE, UM, ADDED VALUE TO THAT NEIGHBORHOOD.

AND MY LAST THING IS OCCUPANCY RATE.

YOU KNOW, SINCE WE HAVE THESE RULES AND STIPULATIONS IN PLACE PRIOR TO HOW IT WAS, WHEN IT WAS A LOT OF BLIGHT.

OH, OR WE HAD A GOOD OCCUPANCY RATE UNDER THESE RULES.

I WOULD SAY YES.

UM, AND I WOULD SAY WE'VE HAD SOME INFILL CONSTRUCTION OVER THE YEARS.

I WOULD SAY WE'VE HAD SOME, WE'VE GOT SOME, UH, MULTIFAMILY NEW CONSTRUCTION AND REHABILITATION.

I WILL SAY THAT ABOUT 10 YEARS AGO WE DID A, APART FROM THE HISTORIC, WE DID A REZONING OF THE AREA CUZ THERE WAS, THERE WAS SOME COMMERCIAL ZONE AND WE, WE BASICALLY UPDATED IT AND MADE THE ZONING MORE RESTRICTIVE IN THE AREA.

AT THAT TIME WE DID AN ANALYSIS OF THE VALUES OF THE HOMES AND ACTUALLY THE VALUE INCREASE OF THOSE HOMES ON AVERAGE WAS GOING UP HIGHER THAN IN OTHER NEIGHBORHOODS OUTSIDE THE DISTRICT.

AND I BRING THAT UP JUST TO YOUR POINT IN THAT IT SEEMED TO BE THAT THE PROTECTIONS OF THE HISTORIC DISTRICT, UH, SEEMED TO BE HELPING, YOU KNOW, AT AT LEAST SUSTAIN THE VALUES AND EVEN INCREASE THE VALUES.

SO IT SEEMED TO BE WORKING COUNCIL MEMBER GATES.

SO CITY ATTORNEY, UH, LIKED THE WOR WAY YOU PHRASED HOW WE COULD AMEND THIS ORDINANCE TO, UH, CHANGE JUST WITH THE ONE WORD NO EXPOSED, UH, STUCCO.

AND YES, THAT DOES REQUIRE US TO DO MORE INTERPRETATION THAN YOU MENTIONED PAINT.

IS THAT EXPOSED VS IS THAT EXPOSED OR THERE ONE PAINT BINDS OR STUC UP? SO, UH, YOU, YOU KNOW, THAT WOULD BE SOMETHING, UM, THAT WE COULD CONSIDER.

BUT AS IT STANDS RIGHT NOW, THE ORDINANCE IS VERY CLEAR.

YOU CAN'T HAVE CINDER BLOCK.

SO WE EITHER TABLE THIS AND REVISIT THE ORDINANCE OR WE JUST VOTE IT DOWN.

ARE WE GONNA GET TO HEAR FROM THE PROPERTY OWNER AS IS THE PROPERTY OWNER IN THE AUDIENCE? NO.

OH, PROPERTY OWNER IS PRESENT.

WOULD IT BE APPROPRIATE TO HEAR FROM HIM? YES SIR.

IT'S APPEAL.

YES, SIR.

OKAY, THANK YOU.

YES.

CAN WE DO, COULD YOU PLEASE COME FORWARD PLEASE? FIRST OF ALL, I I REALLY APPRECIATE EVERYTHING YOU, YOU ARE SAYING IT, IT'S OVERWHELMING TO ME THAT, THAT, THAT, YOU KNOW, I MADE A REQUEST AND YOU TAKE IT SO SERIOUSLY AND I REALLY APPRECIATE THAT.

AND WHATEVER YOU DECIDE, I'M FINE WITH IT.

IF YOU SAY YES, THAT'LL BE GREAT.

IF YOU SAY NO, THAT'LL BE GREAT TOO.

CAUSE I REALLY DO APPRECIATE WHAT YOU'RE DOING HERE.

AND THAT'S ALL REALLY ALL I HAVE TO SAY IS THANK YOU AND APPRECIATE IT.

WELL, I WOULD LIKE TO ASK YOU A QUESTION.

I HAVEN'T SAID ANYTHING BECAUSE I WAS WAITING FOR

[00:40:01]

EVERYONE TO, TO FINISH UP WITH COMMENTS, BUT IS THERE ANY OTHER TYPE OF FENCE THAT WOULD SATISFY WHAT YOU'RE TRYING TO DO OTHER THAN YES MA'AM.

THERE, THERE ARE.

THERE ARE.

YES MA'AM.

OKAY.

UH, OR EITHER WE COULD TABLE IT, LOOK AT IT, UM, AND COME BACK AND TRY TO REVISE WHAT WE CURRENTLY HAVE.

UM, I HAVE TO AGREE WITH EVERYTHING THAT EVERYONE HAS SAID UP HERE.

I KNOW FOR A FACT MY VERY FIRST DAY THAT I WAS SWORN IN AS A COUNCIL MEMBER WAS COUNCIL MEMBER SAMUEL'S SITUATION IN OLD TOWN.

AND LIKE HE SAY, A LOT OF IT WE DON'T LIKE IT, BUT WHEN IT'S WRITTEN AND IF WE START MAKING CONCESSIONS FOR ONE CITIZEN, THEN THE NEXT CITIZEN IS GONNA COME IN AND SAY, REMEMBER YOU DID IT THEN AND YOU DID IT.

WHEN, I CAN EVEN REMEMBER WHEN WE HAD SOMEONE TO BUILD A WHOLE DUMMY WALL BEHIND ONE WINDOW BECAUSE THEY WANTED TO CHANGE, THEY DIDN'T WANT THE WINDOW.

SO FROM THE INSIDE OF THE HOUSE THEY JUST SHEETROCKED OVER, THEY SHEETROCKED THAT WHOLE ENTIRE WALL.

BUT THEY HAD TO LEAVE THAT WINDOW FOR THE OUTSIDE APPEARANCE ON THE HOUSE.

SO, AND OF COURSE WE DIDN'T LIKE IT, BUT WE'RE CHARGED WITH FOLLOWING THE CHARTER, THE CITY CHARTER.

AND THANK YOU FOR YOUR ATTITUDE OF, UH, UNDERSTANDING.

BUT AS COUNCILS, WE DON'T LIKE SOME OF THE DECISIONS THAT HAVE TO BE MADE.

BUT WHEN IT'S THE CHARTER AND THEN BACK TO WHAT, UH, MAYOR PRO TIM DUO SAID, SOME OF IT IS COMMON SENSE.

IT'S BEEN THERE ON THE BOOKS FOR 30 AND 40 YEARS.

AND THEN TO COMMENT ON WHAT COUNCIL MEMBER NEIL SAID, WE HAVE A, A TENT IN THE BACKYARD OF, OF ONE HOUSE IN OLD TOWN AND THEN WE'VE LITERALLY BEEN ON THIS 14 MINUTES ON THE FENCE.

BUT IT'S GOOD DIALOGUE, BUT WE WANT TO DO WHAT'S RIGHT AND SATISFYING TO THE CHARTER AND TO THE CITIZENS.

I REALLY, I COULD SAY I APPRECIATE IT AND WHATEVER YOU DECIDE IS PERFECTLY FINE WITH ME.

CALL THE QUESTION.

OKAY.

SO ANYBODY HA HAVE ANY OTHER COMMENT FOR I HAVE ONE LAST COUNCIL MEMBER SAMUEL, UH, IT'S NOT THAT I RE OH, THAT'S, THAT'S NOT A COMMENT FOR YOU.

WELL, I WILL SAY I APPRECIATE MR. H SMITH.

I APPRECIATE YOUR ATTITUDE TOWARD THIS.

UM, MY WHOLE THING WAS, IT, IT PERSONALLY TO ME, WHETHER IT, UH, WAS APPROVED OR NOT, THAT'S NOT THE BIG DEAL.

BIG DEAL WITH ME IS I KNOW A SIGNIFICANT PART OF MY, MY 10 YEAR ON COUNCIL MADE THIS ISSUE IN OLD TOWN, ONE OF THE WORST YEARS OF MY LIFE.

AND I FELT LIKE IT WAS, IT WAS, WELL THAT'S ANOTHER STORY FOR ANOTHER DAY.

BUT I BELIEVE THAT ONCE WE IMPLEMENT RULES, UNTIL WE DEAL WITH THOSE RULES, THAT'S WHAT STANDS AND THAT'S WHY I I CONTINUE TO SUPPORT THE DENIAL UNTIL WE MAKE ADDITIONS SO THAT WE ARE NOT GIVING A SPECIAL CONSIDERATION FOR ONE AREA THAT WE ARE NOT GIVING ACROSS THE CITY.

SO THAT'S ALL I HAVE TO SAY.

CALL THE QUESTION COUNCIL MEMBER GETZ, UH, JUST CALL THE QUESTION READY? THE MAYOR, THERE'S NO ONE HERE FROM THE LANDMARK COMMISSION.

I MEAN, I WOULD LOVE TO HEAR THEIR OPINION ON EXPOSED CONCRETE BLOCK OR COVERED COMP CONCRETE BLOCK WITH STUCCO.

BUT THAT'S, THERE'S NO ONE HERE.

OKAY.

THERE'S NO ONE HERE.

SO RIGHT NOW WE HAVE A MOTION.

WELL, MR. BOONE, COULD YOU, UH, ADDRESS YEAH, I CAN JUST KIND OF SUMMARIZE.

I MEAN THE GIST OF IT IS THERE JUST ARE NOT A LOT OF EXAM.

ONE OF THE THINGS WE TRY TO DO WHEN YOU CRAFT THE RULES AS BEST YOU CAN FOR WHAT'S OKAY AND WHAT'S NOT OKAY IS, IS WHAT'S OUT THERE NOW.

AND THEY'RE JUST NOT A LOT.

THERE ARE VERY FEW EXAMPLES OF CINDER BLOCK, YOU KNOW, WALLS OUT THERE.

UM, AND IF THERE ARE, THEY CERTAINLY PREDATE THE ORDINANCE.

SO THEY MAY BE GRANDFATHERED, BUT THERE'S JUST, ONE OF THE THINGS YOU TRY TO DO IS SAY, OKAY, WHAT'S OUT THERE? AND LET'S JUST TRY TO LOCK THAT IN TO SOME DEGREE.

AND, AND, AND THERE'S JUST NOT A, THERE'S NOT EXAMPLES OUT THERE.

SO THAT WAS A LOT OF THE DISCUSSION WAS THE FACT THAT, UM, YOU COULDN'T REALLY POINT TO MANY EXAMPLES.

[00:45:01]

OKAY.

OKAY.

MAYOR COUNCILMAN GA'S CALL FOR THE QUESTION.

AND UNDER THE RULES, UH, YOU HAVE TO GO AHEAD AND VOTE.

OKAY.

UH, WE HAVE A MOTION AND A SECOND ON THE FLOOR.

ALL IN FAVOR PLEASE SIGNIFY BY SAYING AYE.

AYE.

OPPOSE? NO, NO.

THE MOTION CARRIES.

MAY I HAVE THE READING OF ITEM NUMBER

[2.Consider a request for a Specific Use Permit to allow a temporary batching plant in an LI (Light Industrial) District at 4965 Fannett Road ]

TWO, PLEASE? YES, MA'AM.

COUNSEL, CONSIDER A REQUEST FOR A SPECIFIC USE PERMIT TO ALLOW TEMPORARY BATCHING PLANT IN AN I LATER MR. CITY MANAGER.

CAN I STOP YOU FOR ONE SECOND ON THE MOTION? IT WAS A MOTION BY COUNCIL MEMBER SAMUEL MOTION TO DENY, DENY AND A SECOND COUNCIL MEMBER DOO.

AND THEN NOW HE'S VOTING UHOH.

SO DOES IT MATTER? THAT'S OKAY.

HE CAN KENNY, YES.

I JUST WANT CLARIFICATION ON THAT.

OKAY.

THANK YOU.

THANK YOU.

OKAY COUNCIL, CONSIDER A REQUEST FOR A SPECIFIC USE PERMIT TO LIVE TEMPORARY BATCH PLANT IN AN I LIGHT INDUSTRIAL DISTRICT AT 49 65 FANT ROAD.

WILLIAMS BROTHERS CONSTRUCTION COMPANY REQUESTS A SPECIFIC USE PERMIT S U TO DEVELOP A TEMPORARY BATCHING PLANT LOCATED AT 49 65 FAN ROAD.

UH, THAT PURCHASED THE PROPERTY TO UTILIZE AS A TEMPORARY YARD TO SUPPORT RECONSTRUCTS AND EXPANSION OF INTERSTATE 10 FACILITIES.

ON SITE WILL INCLUDE OFFICE TRAILERS, TRUCK YARD, CONCRETE, BATCH, PLANT, PUG, MILL AND CRUSHER BORROW PIT AND DETENTION.

THE EXISTING DRIVEWAY ACCESS OFF OF FAITE ROAD WILL BE USED AS INGRESS EGRESS FOR THE SITE AND WILL BE GATED TO RESTRICT ACCESS OUTSIDE OPERATING HOURS.

THE PROPERTY'S TOLD IN APPROXIMATELY 173 ACRES IN SIZE AND A, BUT THEY HELD THE BRAT BY YOU AT A JOINT PUBLIC HEARING HOME HELD ON OCTOBER 17TH, 2022.

THE PLANNING COMMISSION RECOMMENDED SIX OH TO APPROVE THE REQUEST FOR U TO ALLOW TEMPORARY BATCHING PLANT AT THIS LOCATION WITH THE FOLLOWING CONDITIONS.

ONE, CONSTRUCTION PLANTS MUST MEET ALL REQUIREMENTS ABOUT UTILITIES FOR ANY WATER AND SANITARY SEWER IMPROVEMENTS, INCLUDING ANY RE REQUIREMENTS FOR THE CITY'S BACK FLOOR, PRE-TREATMENT AND OR FOG PROGRAM.

TWO SHALL SECURE WATER SERVICES TO THE PROPERTY WITH THE WATER DEPARTMENT.

THREE SHALL MAINTAIN A BUFFER 50 FEET FROM THE EDGE OF THE WATERWAY TO HEAL THE BRAND BY YOU AND TO THE PROPERTY AND SHALL NOT DISTURB ANY OF THE NATURAL VEGETATION WITHIN THAT BUFFER.

FOUR SHALL ADHERE TO ALL STATE OF TEXAS GUIDELINES AND REGULATIONS TO ENSURE FRESH WATER PONDS WOULD NOT BE NEGATIVELY IMPACTED BY THE DEVELOPMENT.

FIVE.

PROPER STORM WATER POLLUTION PREVENTION PLAN MEASURES MUST BE UTILIZED TO REDUCE THE POLLUTANTS IN THE STORM WATER DISCHARGING FROM THE CONSTRUCTION SITE AND INTO HILL THE BR BAYOU.

SIX.

ALL STRUCTURES ERECTED SHALL BE IN A COMPLIANCE WITH SECTION 28 DO OH 3.0 24 DISTRICT AREA AND HEIGHT REGULATIONS.

SEVEN FIRE, FIRE APPARATUS ACCESS SHALL BE PROVIDED FOR ALL STRUCTURES ON SITE AND EIGHT WITHIN 30 DAYS FOLLOWING DETERMINATION OF THE BATCHING PLANT.

THE PERMIT T SHALL CAUSE THE SITE TO BE TO BE RETURNED TO ITS ORIGINAL CONDITION AND THE RECOMMENDATION IS APPROVAL.

APPROVAL OF THE ORDINANCE WITH THE, WITH THOSE CONDITIONS.

THANK YOU.

YOU'VE HEARD THE READING OF ITEM NUMBER TWO WITH THE CONDITIONS.

MAY I HAVE A MOTION PLEASE MOVE TO APPROVE WITH THE CONDITIONS.

I HAVE A MOTION.

MAY I HAVE A SECOND? SECOND.

HAVE A MOTION AND A SECOND ON THE FLOOR.

IS THERE ANY DISCUSSION? I HAD A QUESTION MA'AM.

COUNCIL MEMBER TURNER.

I HAD A CITIZEN ACTUALLY CONTACT ME AND ASK DID WE SPECIFICALLY KNOW TIMELINES AND WHEN SOME OF THIS WORK WILL START IN THAT PARTICULAR AREA WHERE THEY'RE ACTUALLY LEASING THIS SPACE.

SO DO WE, IS THERE ANY KIND OF WAY THAT MAYBE THE CITY, I DON'T KNOW, MAYBE CAN SHARE TICKS DOT UPDATES? SURE.

CAUSE I THINK WE HAVE A BIGGER FOLLOWING VIA SOCIAL MEDIA, ET CETERA.

SO NOW PEOPLE HAVE A BETTER UNDERSTANDING OF TIMELINES.

THE CONTRACTOR ASKING FOR THIS IS THE ONE THAT THE CARDINAL DRIVE SECTION OF THE I 10 PROJECT HAS BEEN AWARDED TO.

THEY'RE UNDERWAY WITH CONSTRUCTION AT THIS TIME.

THEY'RE THE ONES THAT CLEARED THE INTERCHANGE BY THE ELANTE OF ALL THE TREES.

AND YOU SEE THEM WORKING OUT THERE ON THE UTILITIES CURRENTLY.

SO THIS IS IN TO GIVE THEM THE

[00:50:01]

CONCRETE PLANT SO THAT IT'LL BE IN PLACE WHEN THEY GET TO POURING THE ROADWAY.

AND THIS'LL BE THE LAMAR UNIVERSITY AREA, CORRECT? WELL IT'S, THEY CALL IT THE CARDINAL DRIVE SECTION CUZ IT STARTS SOMEWHERE AROUND 10 TOWN AND THEN IT CONTINUES, UH, THROUGH THAT INTERCHANGE.

IT'LL GO ALL THE WAY TO FINET ROAD DOWN 69, THAT DIRECTION AND THEN IT'LL CONTINUE APPROXIMATELY TO HOLLYWOOD WHERE THE RAILS CROSS, UH, UNDER I 10 IS, IS THE BOUNDARIES OF THE PROJECT.

ALL RIGHT.

SO TO BE CLEAR, IT'S NOT THE LEMO UNIVERSITY X NOT CLOSE TO TO LAMAR.

IT, IT'S JUST CALLED CARDINAL DRIVE CUZ IT'S ON THAT, THAT SIDE.

SO APPRECIATE YOU.

SURE.

THANK YOU MAYOR PROTON.

YEAH, COUNCILMAN TURNER.

WHEN, UH, WE SPOKE TO THIS CONSTRUCTION COMPANY AT PLANNING ZONING AND THEY DID SAY TIMELINE IS GONNA BE ABOUT FIVE YEARS MM-HMM.

.

SO YEAH, AND THAT'S WHAT I WANTED TO MAKE SURE THE COMMUNITY KNEW IS GONNA BE ROUGH FOR FEW YEARS, BUT IT'LL BE GREATER DOWN THE LINE.

IT'LL BE BETTER ONCE THEY FINISH THAT BRIDGE ON 1 24 , WHICH, WHICH SOMEBODY DROVE THEIR CAR ONTO SUNDAY.

SO I HOPE THAT DOESN'T DELAY IT.

I SAW, SAW IT HAPPEN, THEY JUST COMING DOWN FROM THAT ROAD AND GOT AIRBORNE AND SMASHED ON TOP OF ANY OTHER DISCUSSION.

JUST ADD MAYOR.

YES, WHILE THIS PORTION WILL TAKE APPROXIMATELY FIVE YEARS, I SPOKE WITH THE CONTRACTOR TOO.

THERE ARE OTHER SECTIONS OF THE I UH, 10 CONSTRUCTION THAT WILL TAKE LONGER THAN FIVE YEARS.

SO JUST MAKE SURE THE PUBLIC IS AWARE OF THAT FACT TOO.

.

WELL WE SURVIVE WASHINGTON BOULEVARD.

I THINK WE'RE SURVIVED.

I 10 .

IT'S A LITTLE DIFFERENT MAN.

PROGRESS TAKES TIME, PROGRESS TAKES TIME.

SO WITH ALL OF THAT SAID, ALL IN FAVOR OF A PROVEN ITEM.

NUMBER TWO, WILL YOU PLEASE SIGNIFY BY SAYING I AYE.

ANY OPPOSE THE MOTION? CARRIE, MAY I HAVE THE READING OF ITEM

[3.Consider a request for a Specific Use Permit to allow an eating place in a GCMD-2 (General Commercial-Multiple Family Dwelling-2) District at 3825 W. Lucas Drive, Suite C ]

NUMBER THREE, PLEASE? YES.

COUNCIL, CONSIDER A REQUEST FOR U TO ALLOW AN EATING PLACE IN A GC MD TWO, WHICH IS A GENERAL COMMERCIAL MULTIPLE FAMILY DWELLING TUBE DISTRICT AT 38 25 WEST LUCAS DRIVE, SUITE C.

UH, THE APPLICANT UH, REQUESTS A SPECIAL USE PERMIT TO OPEN IN AN ICE CREAM SHOP LOCATED AT 38 25 WEST LUCAS DRIVE.

UH, AND IT REQUIRES A SPECIAL USE PERMIT FOR ALL NEW PROPOSED LAND USES.

UH, THE APPLICANT INTENDS TO SELL ON THE GO ICE CREAM AND MILKSHAKES.

THE SHOP WILL EMPLOY SIX, SIX TO SEVEN EMPLOYEES AND HOURS OF OPERATION ARE 11:00 AM TO 7:00 PM MONDAY DUE THURSDAY AND 11:00 AM TO 9:00 PM FRIDAY THROUGH SATURDAY.

IT WAS NOT OPEN ON SUNDAYS AT A JOINT JOINT PUBLIC HEARING HEALTH ON OCTOBER 17TH, 2022.

THE PLANNING COMMISSION RECOMMENDED SIX OH TO APPROVE THE REQUEST FOR THE U TO ALLOW THE EATING ESTABLISHMENT, UH, WITH THE FOLLOWING CONDITION.

PLANS MUST MEET ALL REQUIREMENTS BY WATER UTILITIES FOR ANY WATER AND SANITARY SEWER IMPROVEMENTS, INCLUDING ANY REQUIREMENTS OF THE CIS BACKFLOW PRE-TREATMENT AND OR FOG PROGRAM.

AND RECOMMENDATION IS APPROVAL OF THE ORDINANCE WITH THE, WITH THAT CONDITION.

THANK YOU.

YOU'VE HEARD THE READING OF ITEM NUMBER THREE WITH THE CONDITIONS.

MAY I HAVE A MOTION PLEASE? SOME MOVE TO APPROVE WITH CONDITIONS.

I HAVE A MOTION WITH THE CONDITIONS.

MAY I HAVE A SECOND? SECOND.

I HAVE A MOTION AND A SECOND ON THE FLOOR.

IS THERE ANY DISCUSSION? ALL IN FAVOR PLEASE SIGNIFY BY SAYING AND I ANY OPPOSE THE MOTION? CARRIE, MAY I HAVE THE READING

[4.Consider a request for a Specific Use Permit to allow an assisted living facility in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 3440 Valmont Avenue ]

OF ITEM NUMBER FOUR PLEASE? THE NEXT ITEM IS COUNSEL.

CONSIDER A REQUEST FOR SPECIFIC USE PERMIT TO ALLOW AN ASSISTED LIVING FACILITY AND A G TWO MD TWO YOUR OWN COMMERCIAL MULTI MULTIPLE FAMILY DWELLING TWO DISTRICT AT 34 40 VALMONT AVENUE.

UH, OAK RIDGE ASSISTED LIVING HOME REQUESTS THAT S U UH, FOR THE ASSISTED LIVING FACILITY AND THE G TWO M D TWO ZONING DISTRICT.

THE INTENT OF THE FACILITY FACILITY IS TO PROVIDE 24 HOUR CARE TO 16 EL ELDERLY RESIDENTS IN A COMFORTABLE AND HOME-LIKE ENVIRONMENT.

THEY WILL EMPLOY 12 PEOPLE TO STAFF THE FACILITY AT A JOINT PUBLIC HEARING ON HELD ON OCTOBER 17TH, 2022.

THE PLANNING COMMISSION RECOMMENDED SIX OH TO APPROVE THE REQUEST FOR THE U P WITH THE FOLLOWING CONDITIONS.

CONSTRUCTION PLANS MUST MEET ALL REQUIREMENTS BY WATER UTILITIES FOR ANY WATER SENATOR SEWER IMPROVEMENTS INCLUDING ANY REQUIREMENTS OF THE CITY'S BACKFLOW, PRETREATMENT OR FO PROGRAM.

[00:55:01]

AND CONSTRUCTION PLANS SHOULD BE IN COMPLIANCE WITH SECTION 28.

DO 0 4 6 LANDSCAPE AND END SCREENING REQUIREMENTS RECOMMENDED, UH, APPROVAL WITH THOSE CONDITIONS.

THANK YOU.

YOU'VE HEARD THE READING OF ITEM NUMBER FOUR.

MAY I HAVE A MOTION PLEASE WITH CONDITIONS MOVE TO APPROVE? I HAVE A MOTION.

SECOND AND A SECOND.

IS THERE ANY DISCUSSION? I HAVE A QUESTION.

UM, IS, IS THIS PRIMARILY RESIDENTIAL? SO THIS IS THE SECTION OF FOLSOM WHERE YOU'VE PROBABLY SEEN A LOT OF COMMERCIAL DEVELOPMENT LATELY.

UM, THERE'S BEEN SOME MEDICAL OFFICES BUILT, UM, BUT IT IS, IT IS RESIDENTIAL TO THE NORTH.

UM, BUT THIS SECTION ALONG DELAWARE RATHER IS, UH, COMMERCIAL.

SO WOULD YOU HAPPEN TO KNOW HOW MANY RESIDENTS LIVED THERE? YES.

SO IF YOU LOOK AT SECOND TO THE LAST PAGE OF YOUR AGENDA ITEM, YOU'LL SEE THERE'S A PRETTY SUBSTANTIAL NEIGHBORHOOD JUST TO THE NORTH.

THAT'S WHAT I'M LOOKING AT.

UM, BUT THERE IS A DRAINAGE DITCH IN BETWEEN THIS SITE AND THE NEIGHBORHOOD.

SO IT LOOKS TO BE APPROXIMATELY A HUNDRED FEET OFF OF THE NEIGHBORHOOD.

SO THE DRAINAGE DITCH DIVIDE THE RESIDENTIAL HOMES FROM WHERE THE COMMERCIAL YES.

ESTABLISHMENT IS BEING REQUESTED, YES, BECAUSE I'M THINKING 16 RESIDENTS AND 12 EMPLOYEES.

THAT'S, THAT'S 20, I MEAN 16 PATIENTS, 12 EMPLOYEES.

IT IT IS, I WOULD CONSIDER IT A COMMERCIAL OPERATION, BUT I WOULD CONSIDER IT A LESS INTENSIVE COMMERCIAL OPERATION CUZ IT'S AN ASSISTED LIVING.

SO, UM, BUT IT'S NOT ASSISTED LIVING IN A RESIDENTIAL HOME? NO, IT'S GONNA BE A COMMERCIAL STRUCTURE.

COMMERCIAL STRUCTURE.

SO AGAIN, AS YOU DRIVE DOWN, YOU KNOW, PAST HEB ON THE, ON THE NORTH SIDE THERE ALONG DELAWARE, YOU SEE, UH, SOME LAW OFFICES, MEDICAL OFFICES, I WOULD CONSIDER IT BE, UM, IT WOULD LOOK SOMETHING LIKE THAT.

SO IT WON'T BE A HOME.

UH, YOU'LL, YOU'LL NOTICE IT.

IT'S, IT'S GONNA BE A COMMERCIAL OPERATION.

OKAY, ANY OTHER DISCUSSION? ALL IN FAVOR OF PROVEN ITEM NUMBER FOUR.

PLEASE SIGNIFY BY SAYING I ANY OPPOS.

THE MOTION CARRIES.

THANK YOU.

MAY I HAVE

[5.Consider a request for a Specific Use Permit to allow permanent makeup tattooing in the CBD (Central Business District) at 308 Orleans Street]

THE READING OF ITEM NUMBER FIVE PLEASE? COUNSEL, CONSIDER A REQUEST FOR A SPECIFIC USE PERMIT TO A LAW PERMANENT MAKEUP TATTOOING IN THE C D CENTRAL BUSINESS DISTRICT AT 3 0 8 ORLEANS STREET.

UH, THE APPLICANT HAS REQUESTED A AN U TO ALLOW CUS COSMETIC TATTOOING AT AT 3 0 8 OH.

UH, THEY BENCH, UH, THEY PLAN TO PROVIDE BODY ART, COSMETIC TATTOOING AND EYELASH EXTENSIONS AS THE CBDS ON THE CBD ZONE DOES NOT REQUIRE ANY ONSITE PARK AND VEHICLES WOULD PARK ON THE STREET AT A JOINT PUBLIC HEARING HELD ON OCTOBER 17TH, 2022.

THE PLANNING COMMISSION RECOMMENDED SIX OH FOR APPROVAL WITH THE FOLLOWING CONDITION.

PLANS MUST MEET ALL REQUIREMENTS BY WATER UTILITIES FOR ANY WATER AND SENATOR SEWER IMPROVEMENTS, INCLUDING ANY REQUIREMENTS OF THE CITY'S BACKFLOW PRE-TREATMENT OR FALL PROGRAM.

UH, WITH THAT THEY RECOMMEND APPROVAL.

THANK YOU.

YOU'VE HEARD THE READING OF ITEM NUMBER FIVE.

MAY I HAVE A MOTION PLEASE? SO MOVE APPROVE.

MAY I HAVE A SECOND? SECOND.

I HAVE A MOTION AND A SECOND ON THE FLOOR.

IS THERE ANY DISCUSSION? I HAD A QUESTION THERE.

COUNCIL MEMBER TURNER, THE CENTRAL BUSINESS DISTRICT.

CHRIS, CAN YOU KINDA EXPLAIN TO THE COMMUNITY WHAT THAT IS AND WHAT IT COMPRISES OF AND ARE THERE ANY BENEFITS OF BEING A PART OF IT? YES, SO THE CENTRAL BUSINESS DISTRICT ZONING TYPE IS UNIQUE AND THAT IT ONLY APPLIES TO WHAT, WHAT MOST WOULD CONSIDER TO BE THE DOWNTOWN.

SO IT ROUGHLY EXTENDS FROM COLLEGE ON THE SOUTH, UM, ROUGHLY UP TO CO ON THE NORTH, THE RIVER ON THE EAST, AND THEN, UM, MLK ON THE WEST.

AND BASICALLY IT'S, UH, THE MANY OF THE USES THAT

[01:00:01]

MIGHT GO IN A A DOWNTOWN AREA DO REQUIRE SPECIFIC USE PERMITS.

UH, JUST SO IT GIVES THE OPPORTUNITY FOR THE PLANNING COMMISSION AND THE CITY COUNCIL THE ABILITY TO, UM, REVIEW THE PROPOSED USES, UM, TO MAKE SURE THAT, UH, THEY CONTRIBUTE TO WHAT WE'RE TRYING TO DO DOWNTOWN IN TERMS OF REDEVELOPMENT.

SO TO YOUR QUESTION, C B D IS THE ZONING DISTRICT.

NOW DOWNTOWN, THERE ARE SOME OTHER ECONOMIC DEVELOPMENT INCENTIVE DISTRICTS, UH, BUT THIS WOULD BE RELATED TO JUST THE ZONING.

THANK YOU.

THANK YOU.

ANY OTHER DISCUSSION? ALL IN FAVOR PLEASE SIGNIFY BY SAYING AND I, UH, UH, ANY OPPOSE? THE MOTION CARRIES.

MAY

[6.Consider authorizing the City Manager to execute a new labor agreement with the Beaumont Police Officers Association ]

I HAVE THE READING OF ITEM NUMBER SIX, PLEASE? OKAY, NUMBER SIX, COUNCIL, CONSIDER A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A NEW LABOR AGREEMENT WITH THE BEAUMONT POLICE OFFICERS ASSOCIATION.

THE CURRENT LABOR AGREEMENT BETWEEN THE CITY OF BEAUMONT AND THE BEAUMONT POLICE OFFICERS ASSOCIATION EXPIRED ON SEPTEMBER 30TH, 2020, 2022.

UH, A PROPOSED FOUR YEAR LABOR AGREEMENT IS RECOMMENDED AND WOULD, WOULD PROVIDE THE FOLLOWING HIGHLIGHTS, A 16% WAGE INCREASE ACROSS FOUR YEARS WITH 4.75% WAGE INCREASE EFFECTIVE OCTOBER 1ST, 2022, UH, 3.71% INCREASE EFFECTIVE OCTOBER 1ST, 2023, A 3.79% WAGE INCREASE EFFECTIVE OCTOBER 1ST, 2024, AND A 3.75% WAGE INCREASE EFFECTIVE OCTOBER 1ST, 2025.

IN ADDITION, A COUPLE OTHER THINGS IN THE AGREEMENT IS THE ADDITION OF TWO HOLIDAYS, WHICH IS VETERANS DAY AND JUNETEENTH DAY.

ALSO A MODIFIED HIRING PROCESS FOR LATERAL OFFICE OFFICERS WHEREBY EXPERIENCED OFFICERS COME INTO THE DEPARTMENT AND THEY'RE ABLE TO GET PAID AT THEIR LEVEL OF EXPERIENCE RATHER THAN STARTING OUT AT ROOKIE PAY, WHICH REALLY HELPS IN RECRUITING OF OFFICERS INTO YOUR DEPARTMENT.

AND ALSO, UH, A VEST, UM, STIPEND WILL INCREASE FROM $800 TO $1,800, UH, PER YEAR.

AND THIS, AGAIN, THIS IS A FOUR YEAR, UH, AGREEMENT CONTRACT.

I'D JUST LIKE TO COMMAND, UH, ROBERT CAMPBELL AND THE POLICE DEPARTMENT AND, AND HAVING THESE DISCUSSIONS AND, AND HAVING THESE TALKS AND GETTING TO THIS POINT HERE.

AND LIKEWISE, CITY STAFF WITH SHERAY AND TODD AND CHRIS AND ALL OF US IN THOSE DISCUSSIONS.

UH, THIS WOULD COME FROM THE GENERAL FUND.

WHAT'S GOING TO COST ABOUT 1.33 MILLION? ACTUALLY IT'S ABOUT 1.4.

IF YOU ADD IN THE COST FOR THE VEST, IT'S NOT IN THAT NUMBER.

SO, UH, IT'S IN THERE AND WE RECOMMEND APPROVAL OF THE RESOLUTION.

THANK YOU.

BUT YOU'VE HEARD THE READING OF ITEM NUMBER SIX AND I WOULD LIKE TO MAKE THE MOTION, UH, FOR APPROVAL OF THE MONT POLICE ASSOCIATION CONTRACT.

SECOND OF A MOTION AND A SECOND ON THE FLOOR.

IS THERE ANY DISCUSSION WITH NO DISCUSSION? ALL IN FAVOR PLEASE SIGNIFY BY SAYING AYE.

AYE.

ANY OPPOSE? THE MOTION CARRIES.

MAY I HAVE THE READING OF

[7.Consider a resolution approving the purchase of switchgear, switchboard, and transformer for the Loeb Ground Water Facility ]

ITEM NUMBER SEVEN, PLEASE? THANK YOU, MAYOR COUNCIL, CONSIDER RESOLUTION FOR THE PURCHASE OF A SWITCH.

GEAR, SWITCHBOARD AND TRANSFORMER FOR THE LOBE GROUNDWATER FACILITY.

HURRICANE HARVEY INFLICTED SEVERE DAMAGE TO THE LOBE AND I HOPE I'M PRONOUNCING THAT CORRECTLY.

GROUNDWATER TREATMENT SYSTEM, A NEW SWITCH GEAR, SWITCHBOARD AND TRANSFORMER WILL NEED TO BE PURCHASED TO RESTORE THE PLANT FUNCTIONALITY AND UPGRADE THE SYSTEM FOR IMPROVED OPERATIONS.

ONCE INSTALLED AND THE ONCE INSTALLED, THE OVERALL PROJECT WILL IMPROVE VERSATILITY AND OPERABILITY OF THE, OF THE FOUR HIGH SERVICE PUMPS AT THE FACILITY.

FORMER BIDS WERE REQUESTED FOR THE PURCHASE OF THE EQUIPMENT FROM NINE VINTAGES AND WE RECEIVE ONE RESPONSE FROM GULF COAST ELECTRIC COMPANY OF BEAUMONT FOR A TOTAL BID OF 800,000 TO SUPPLY THE EQUIPMENT.

STAFF RECOMMENDS AWARD OF THE CONTRACT.

THANK YOU.

YOU'VE HEARD THE READING OF ITEM NUMBER SEVEN.

MAY I HAVE A MOTION PLEASE MOVE TO APPROVE.

I HAVE A MOTION AND A SECOND ON THE FLOOR.

IS THERE ANY DISCUSSION? YEAH, THERE WAS A SECOND.

WHO SECOND IT.

COUNCIL MEMBER SAMUEL.

COUNCIL MEMBER NEIL MAYOR.

UM, WHAT WAS OUR BUDGET ON THIS PROJECT?

[01:05:03]

THERE'S NO BUDGET FOR THIS PROJECT.

IT'S, UM, IT'S RELATED TO, UM, HARVEY.

AND SO JUST FOR, YOU KNOW, THE CITIZEN'S INFORMATION, THE CITY'S MATCH ON THIS WOULD COME OUT TO MAYBE $20,000.

SO FEMA'S COVERING MOST OF IT, TEEMS COVERING A PORTION AND POSSIBLY INSURANCE THE REST.

THANK YOU.

THAT WAS MY QUESTION.

HOW MUCH WAS FEMA COVERING? THANK YOU FOR THAT BREAKDOWN.

IS THERE ANY OTHER DISCUSSION? MAYOR, I MUST ABSTAINED FROM THIS VOTE.

OKAY.

UM, COUNCIL MEMBER SHAR, YOU GOT IT.

THANK YOU.

ALL IN FAVOR PLEASE SIGNIFY BY SAYING AYE.

AYE.

ANY OPPOSE THE MOTION? CARRIE WITH ONE ABSTENTION.

MAY I HAVE THE READING OF

[8.Consider authorizing the City Manager to execute an agreement with CDM Smith, Inc., to continue management of the Municipal Separate Storm Sewer System (MS4) Permit for the City of Beaumont for Fiscal Year 2023 ]

ITEM NUMBER EIGHT? COUNCIL CONSIDER A RESOLUTION AUTHORIZED IN THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH CDM SMITH, INC.

TO CONTINUE MANAGEMENT OF THE MUNICIPAL SEPARATE STORM SEWER SYSTEM.

MS FOUR PERMIT FOR THE CITY OF BEAUMONT FOR FISCAL YEAR 2023, UH, OCTOBER 16TH, 2012 BY RESOLUTION NUMBER 12 DASH 2 49, CITY COUNCIL AWARDED CDM SMITH INC.

OF HOUSTON AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES TO MANAGE THE CITY'S MS FOUR PERMIT.

THE MANAGER OF THE PERMIT CONDUCTS DRY AND WET WEATHER SCREENINGS OF OUR MAJOR DRAINING OUT FAULTS IN THE CITY.

UNDER THE PERMIT THE CITY'S REQUIRED TO SUBMIT AN ANNUAL REPORT SUMMARIZING COMPLIANCE ACTIVITIES, RESULTS OF THE SCREENINGS AND OTHER INSPECTIONS CONDUCTED THROUGHOUT THE YEAR WITH CDM SMITH INC.

AND HAS SUCCESSFULLY COMPLETED ON THE CITY'S BEHALF SINCE 2012.

THE AGREEMENT INCLUDES IMPLEMENTATION OF THE STORMWATER MANAGE MANAGEMENT PLAN THAT DETAILS HOW THE SIT IN JEFFERSON COUNTY DRAINAGE DISTRICT SIX WILL COMPLY WITH THE MS FOUR PERMIT IF APPROVED.

THE TOLL SERVICE AND EXPENSE SHALL NOT EX EXCEED $250,000 WITHOUT THE CITY'S PRIOR WRITTEN AUTHORIZATION.

UH, THE FUNDING WILL COME FROM THE JUNE FUND AND, UH, RECOMMENDATION AS APPROVAL OF THE RESOLUTION.

THANK YOU.

YOU'VE HEARD THE READING OF ITEM NUMBER EIGHT.

MAY I HAVE A MOTION PLEASE? I HAVE A MOTION ON THE FLOOR.

IS THERE A SECOND? SECOND.

HAVE A MOTION AND A SECOND ON THE FLOOR.

IS THERE ANY DISCUSSION? I HAVE A QUESTION WITH THIS.

UM, DIDN'T WE HAVE UH, AN INVESTIGATION OF OUR STORM SEWER, UH, OVERFLOW SYSTEM.

UH, IT WAS MULTI, I THINK WE HAD A MULTISTAGE, UH, INVESTIGATION.

WHERE ARE WE WITH, AT? I'M, I'M FAILING TO CONNECT EXACTLY WHAT YOU'RE REFERRING TO.

I, THERE WAS A PHASE ONE, AND I THINK WE DID A PHASE TWO.

WE, UH, WE APPROVED, OR COUNCIL APPROVED LAST YEAR, UM, TWO DRAINAGE RELATED ACTIVITIES.

ONE WAS TO KICK OFF THE DITCHING PROGRAM RIGHT.

CITYWIDE WHERE WE'RE GOING TO DO 20% OF THE DITCHES, UH, ACROSS THE CITY, AND HOPEFULLY WE GET THROUGH AND MOP OUT ALL THE DITCHES, RESTORE 'EM, DEGRADE OVER A FIVE YEAR PERIOD.

AND COUNTS ALSO APPROVED A MILLION DOLLARS A YEAR FOR STORM DRAIN INSPECTION AND POINT REPAIR, WHICH IS UNDERWAY AS WELL.

WE'VE INSPECTED STORM DRAIN ALONG LONG, UM, AND SOME OTHER ONES ARE, ARE UNDERWAY RIGHT NOW.

SO WASN'T THERE TO BE SOME TYPE OF REPORT BACK AS TO THE STATUS OF HOW THAT IMPACT THAT THE OVERALL STORM, UH, SEWER SYSTEM THAT'S NOT REALLY SUPPOSED TO ASSESS THE SYSTEM AS A WHOLE, BUT ONLY THE PORTIONS THAT WE'RE INSPECTING.

BUT WE CAN CERTAINLY RENDER A REPORT AT THE END OF THE FIRST INSPECTION PHASE AND LET YOU KNOW WHAT WE FOUND.

OKAY.

WE'VE ALSO INSPECTED ALONG FOURTH STREET, UH, BEFORE WE GO AND WE REHAB THAT ROAD TO SEE IF THERE'S ANY WORK NECESSARY ON THAT DRAINAGE SYSTEM.

OKAY.

BUT WE HAVE COMPLETED PHASE TWO ALREADY.

WE HAVE NOT COMPLETED PHASE ONE.

THAT STARTED FAIRLY LATE IN FISCAL YEAR 22.

SO THAT'S ONGOING PHASE ONE OF WHAT, OF, OF THE INSPECTIONS OF THE STORM SEWER.

THAT'S THAT PHASE ONE.

THAT FIRST MILLION DOLLARS WORTH OF WORK IS, IS ONGOING STILL.

OKAY.

SO WE'VE OVERLAPPED YEARS SOMEWHAT ON THAT.

OKAY.

BART, I WAS THINKING, I WAS THINKING HE MIGHT BE REFERRING TO THE MASTER STORM WATER DRAINAGE STUDY.

RIGHT, RIGHT.

THAT DID NOT INSPECT THE, THE DRAINS SO MUCH AS JUST LOOK AT THE OVERALL CITY AS A WHOLE AND RECOMMEND WHAT, UH, THE

[01:10:01]

PREVIOUS PUBLIC WORKS DIRECTOR HAD ASKED THEM TO LOOK AT INTERSECTIONS THAT WERE CHRONICALLY FLOODED, ET CETERA.

RIGHT.

AND THEN THEY RECOMMENDED 13 DIFFERENT PROJECTS CITYWIDE.

SOME OF THOSE HAVE BEEN COMPLETED BY, UH, DRAINAGE DISTRICT SIX.

UM, SOME OF THOSE HAVE BEEN COMBINED INTO LARGER PROJECTS AND SUBMITTED UNDER VARIOUS GRANT PROGRAMS FOR CONSIDERATION.

SO WE'RE CONTINUING TO WORK TO ADDRESS THE, UH, AREAS OF THE CITY THAT WERE, WERE POINTED OUT UNDER THAT PROGRAM.

BUT WASN'T THAT OF THREE STAGES SUPPOSEDLY? BECAUSE I THOUGHT THE SECOND PHASE WAS TO GIVE US A, AN IDEA OF THE OVERALL DRAINAGE AND THE PROBLEMS THAT EXISTED.

THERE WAS JUST ONE REPORT ON THAT THAT WAS KICKED OFF, YOU KNOW, BEFORE I CAME IN, BUT IT WAS JUST ONE PLAN.

WE DO HAVE A TENTATIVE PLAN UNDER THE DAK MONEY FOR FEMA WHENEVER WE GET THAT RELEASE TO UPDATE THAT STUDY FOR THE ATLAS 14 RAINFALL AS OPPOSED TO THE OLDER STANDARD.

BUT THAT, THAT WAS NOT PHASED, SO TO SPEAK.

THAT WAS JUST A PLAN THAT WAS PUT TOGETHER.

OKAY.

MOLLY? OH, WELL, THERE IS A PHASE , THERE IS A PHASED PLAN THAT HAS NOTHING TO DO WITH DRAINAGE.

IT IS THE SEWER, UH, THE, THE SANITARY SEWER, NOT STORM SANITARY SEWER SANITARY, WHICH IS PHASED IN WHICH WE WILL BE COMING SOON TO PRESENT.

PHASE TWO'S REPORT A N WILL, BUT THAT'S NOT DRAINAGE.

OKAY.

OKAY.

THAT'S CEMETERY SEWER DOESN'T.

THANK, THANK, THANK YOU.

THANK YOU MISS.

SORRY, I WAS FOCUSED ON DRAINAGE, WASN'T THINKING.

YEAH.

OKAY.

OKAY.

I KNOW SHE WAS SITTING AT THE EDGE OF THE SEAT AND HE'S LIKE, BUT THANK YOU, MOLLY.

SO THERE WAS STAGES, RIGHT PHASES FOR THE SANITARY SEWER, FOR THE SANITARY SEWER, AND THE REPORT WILL BE BROUGHT TO COUNCIL PROBABLY WITHIN THE NEXT 30 DAYS WE'LL SCHEDULE WORK SESSION.

OKAY.

OKAY.

OKAY.

I AM KIND OF OKAY.

COUNCIL MEMBER FELL.

I THANK YOU, MAYOR.

I THINK YOU ANSWERED MY QUESTION.

MAYBE NOT.

I'M ASKING FOR, UH, A CITIZEN THAT HAD A QUESTION ABOUT, UH, THIS, WHAT WE'RE ADDRESSING HERE TODAY WITH THE STORM WATER DRAINAGE, UH, AND REGARDS TO CONTINUED MAINTENANCE AND CONTINUED CLEAN OUT AS PREVENTATIVE TO KEEP US FROM EXPERIENCING FLOODING RIGHT.

IN THE FUTURE WHEN WE GET HEAVY RAIN EVENTS.

SO AT PHASE ONE, PHASE TWO, BUT EVEN BEYOND THAT, IS THERE, CAN YOU SPEAK TO THAT FOR THE SAKE OF THE CITIZEN OF A CONTINUED MAINTENANCE PROGRAM TO PREVENT FLOODING IN REGARDS TO CLEAN OUT? YES, SIR.

WE, AS WE MENTIONED JUST A, A BIT AGO, WE, WE INITIATED A DITCHING PROGRAM THAT'S INTENDED OVER THE NEXT FIVE YEARS TO RESTORE GRADE AND RESET CULVERT THAT ARE MORE THAN THREE INCHES OUTTA GRADE ACROSS THE ENTIRETY OF THE CITY.

WE'VE ALSO, UH, KICKED OFF STORM DRAIN INSPECTION AND POINT REPAIR, AND THAT'S INTENDED TO ADDRESS THE MAJOR, UH, OUTFALL ARTERIES WITHIN THE CITY.

AND THEN OF COURSE, OUR STREETS AND DRAINAGE DEPARTMENT ROUTINELY GOES THROUGH AND ADDRESSES AREAS, JETS AND CLEANS, CULVERTS.

UH, WE MAINTAIN A STREET SWEEPING PROGRAM TO KEEP THE DIRT AND DEBRIS FROM GETTING INTO THE STORM DRAINS AS WELL AS MANAGE THOSE LIFT STATIONS, CLEAN OUT THE DEBRIS ON 'EM, KEEP THEM OPERATING AS WELL.

SO WE DO, UH, DO WORK EVERY DAY TRYING TO KEEP THE DRAINAGE SYSTEM CLEAN.

THANK YOU.

OKAY.

COUNCIL MEMBERS, I JUST WANT TO, UH, THIS, I WANT TO ASK THE QUESTION, MS. MOLLY, DID CDM SMITH HAVE SOMETHING TO DO WITH A SANITARY SEWER SYSTEM STUDY ALSO? NO.

OKAY.

YOU'RE JUST GOING CRAZY.

I'M JUST GOING CRAZY.

.

THAT WAS L E N HAD THE SANITARY.

OKAY.

ANY OTHER DISCUSSION? CLEAR? COUNCILMAN SAMUEL? I'M GOOD.

OKAY.

ALL IN FAVOR, PLEASE SIGNIFY BY SAY AND I.

UH, ANY OPPOSE.

THE MOTION CARRIES AT THIS

[Public Comment]

TIME.

UM, IT IS TIME FOR PUBLIC COMMENT.

IF YOU HAVEN'T ALREADY DONE SO, PLEASE FILL OUT THE GREEN SLIP TO THE BACK OF THE ROOM, HAND TO THE CLERK, TO THE FRONT OF THE ROOM.

SHE WILL CALL YOUR NAME WHEN IT'S TIME FOR YOU TO SPEAK.

THE LIGHT WILL COME ON AT THE BEGINNING OF YOUR THREE MINUTES, AND THE RED LIGHT WILL BE YOUR INDICATION THAT

[01:15:01]

YOUR TIME IS UP.

THANK YOU.

KERRY WAGNER, FOUR 80 CONCORD, VITER, TEXAS, AND MR. JACK SEALEY, 56 60 LONGWOOD STREET BY TEXAS.

READY TO GO.

MY NAME'S JACK SEALEY.

I LIVE OVER ON LONGWOOD STREET, BUT I'M HERE TO TALK TO YOU ABOUT A ORGANIZATION, A NON-PROFIT CALLED SLEEP IN HEAVENLY PEACE BEDS.

GARY IS CARRYING A EXACTS GAE MODEL OF THE BEDS THAT WE BUILD.

THEY CAN BE EITHER A SINGLE BED OR A BUNK BED AS HE'S CARRYING AROUND.

WE STARTED MAKING BEDS THAT SIZE, BUT WE COULDN'T FIND ANY KIDS TO FIT 'EM.

SO , WE WENT UP TO A TWIN SIZE BED.

WE SERVICE ORANGE, JEFFERSON, AND HARDEN COUNTIES, AS WELL AS THE COMMUNITIES OF DEVS AND WINNING.

AS OF LAST SATURDAY NIGHT, WE HAVE BUILT AND DELIVERED 1,907 BEDS IN THAT AREA SINCE MARCH.

THANK YOU.

SINCE MARCH OF 2019 WHEN THE, UH, NONPROFIT WAS STARTED.

CURRENTLY WE HAVE 92 REQUESTS FOR 213 BEDS.

THE REQUESTS COME IN OVER THE INTERNET AT ABOUT ONE PER DAY.

THE AVERAGE REQUEST IS FOR TWO AND A HALF BEDS.

OUT OF THOSE 1,907 BEDS, A QUICK ESTIMATE IS 60% OF THEM WENT TO RECIPIENTS WITH A BEAUMONT ADDRESS.

NOW, I REALIZE THAT BEAUMONT ADDRESSES GO CLEAR OUT TO FINET, BUT I'M PRETTY COMFORTABLE SAYING THAT 60% ARE HERE IN BEAUMONT.

AGAIN, A VERY QUICK OBSERVATION IS PROBABLY 80% OF THESE BEDS GO TO FAMILIES THAT WOULD BE IDENTIFIED AS COLORED, 15%, POSSIBLY HISPANICS, VIETNAMESE, 5% US WHITE FOLKS.

THE VOLUNTEERS ARE EXACTLY THE OPPOSITE.

ABOUT 95% OF THE VOLUNTEERS ARE WHITES AS LEADERS OF THE COMMUNITY.

I'M ASKING IF YOU CAN MAKE ORGANIZATIONS, CHURCHES, CIVIC GROUPS, AWARE THAT WE EXIST.

WE BUILD THESE BEDS DOWN ON FOURTH STREET AND, UH, MILO THE SECOND SATURDAY OF EVERY MONTH.

AND OUR BIGGEST NEED IS FOR TEAMS TO SHOW UP THE FOLLOWING SATURDAY TO DELIVER BEDS.

OUR BUDGET FOR NEXT YEAR IS TO BUILD AND DELIVER A THOUSAND BEDS.

EACH BED COSTS US $250 TO BUILD THE BED FRAME, BUY A BRAND NEW MATTRESS AND BED CLOTHES SO THAT THAT BED IS READY TO SLEEP IN.

WHEN WE LEAVE, WE LEAVE OUR WAREHOUSE WITH A BED FRAME IN PIECES.

WE GO TO THE HOME, WE ASSEMBLE THE BED FRAME, AND GO AHEAD, MAKE IT A COMPLETE BED.

OKAY, SOME MORE COMMENTS.

UH, A THOUSAND BEDS.

WE ARE GOING TO DELIVER THIS YEAR APPROXIMATELY A THOUSAND BEDS ALSO, SO WE CAN DO IT, BUT OUR BIGGEST NEED IS FOR VOLUNTEERS.

WE HAVE PLENTY OF APPLICANTS.

AS I SAY, THEY COME IN APPROXIMATELY ONE A DAY.

UH, HOW DO WE KNOW THAT THERE ARE OURS? BECAUSE THE COMPUTER LOOKS AT THE ZIP CODE, WE HAVE WHAT'S CALLED CLAIM.

THE ZIP CODE FOR EACH OF THE AREAS THAT I, UH, EXPRESSED, UH, BEFORE THE ORGANIZATION AS A WHOLE WAS STARTED IN 2012 BY ONE MAN BEING ASKED BY HIS ELEMENTARY SCHOOL KIDS IF THEY COULD BUILD A BED, IF DAD COULD BUILD A BED FOR ONE OF THEIR CLASSMATES THAT DIDN'T HAVE A BED.

UH, IT HAS GROWN TO OVER 350 CHAPTERS WERE CALLED AROUND THE US AND THE CAN AND CANADA AND BERMUDA, AND THE BAHAMAS.

UH, MY OWN PERSONAL OPINION IS SLEEPING HEAVENLY PEACE IS TODAY.

WHAT HABITAT FOR HUMANITY WAS IN THE 1980S, I WOULD GUESS IN ANOTHER 20 YEARS WE'LL BE APPROACHING WORLDWIDE.

THE LOCAL ORGANIZATION.

UNFORTUNATELY,

[01:20:01]

NO ONE IS PAID.

WE'RE ALL VOLUNTEERS.

WE HAVE TO RAISE OUR OWN FUNDS.

WE DO NOT GET SUPPORT FROM THE, UH, HEADQUARTERS, ALTHOUGH THEY DO FACILITATE SOME GRANTS.

AND LOWE'S HAS BEEN A, THE LARGEST SUPPORTER.

THEY DONATED A MILLION AND A HALF THIS YEAR.

THEY DONATED A MILLION LAST YEAR.

UH, SOME OF THE LOCAL LUMBER YARDS THAT I'VE DEALT WITH AS A CONTRACTOR IN THE, UH, PAST ARE SELLING US PRODUCT AT COST.

UH, M AND D SUPPLY SELLS ANYTHING THAT WE NEED AT COST PLUS DONATE.

SO, SO IF YOU KNOW OF ANY WAY THAT YOU CAN HELP US, WE CAN SURE USE THE HELP.

I BELIEVE THE BROCHURES WERE PASSED AROUND.

YES, SIR.

I'M THE CONTACT GUY ON THE BACK.

MR. SEALEY? YES.

YOU SAID THE ADDRESS IS MIAM AT FOURTH STREET.

DO YOU HAVE THE ADDRESS? YES, IT'S ON THE BROCHURE.

IT SHOULD BE THE VERY LAST LINE BUILD SITE ON THE BROCHURE.

IT HAS 56 60 LONGWOOD STREET.

THAT'S WHERE YOU MAIL THOSE BIG FAT CHECKS.

OKAY.

DOLLAR AT THE BOTTOM.

IT SHOULD SAY BUILD SITE 29 50 MIM.

UNLESS I GRAB THE WRONG PACKAGE, IT DOESN'T, IT DOESN'T.

29.

I HAVE SOME CARDS IN MY POCKET.

OKAY.

CAN YOU JUST SAY AGAIN? 29 65.

29 50 MILAM STREET, 29 50 MIM.

ONE QUICK COMMENT.

A LOT OF PEOPLE SAY THEY DON'T WANNA GET INVOLVED IN SOMETHING LIKE THIS BECAUSE THEY'RE TOO OLD TO DO ANYTHING.

THAT'S NOT TRUE.

THANK YOU.

MY WIFE IS 76.

I'LL BE 80 IN JANUARY, AND WE HAVE DELIVERED AND PUT TOGETHER 145 BEDS.

SO I'M TOO OLD TO DO THAT.

DOESN'T WORK.

AND WITH THE NEW CITY CONTRACTOR, I'D LIKE TO BACK TO WORK FOR THE POLICE DEPARTMENT.

.

THANK YOU.

YES.

COUNCIL MEMBER SAMUEL.

UM, WHAT IS THE GENTLEMAN NAME THAT'S WALKING WITH THE MR. GARY WAGNER? GARY WAGNER.

MR. WAGNER, FORMER POLICE DETECTIVE WITH THE CITY.

RIGHT.

I JUST WANTED TO SAY ONE THING, MAYOR.

UM, THANK YOU FOR WHAT YOU DO.

UM, WE ARE ALWAYS WORKING ON, AS A COUNCIL MEMBER, I RAN INTO, UH, MR. WAGNER SOMEWHERE OUT EATING, I THINK.

WHERE, WHERE DID WE RUN INTO EACH OTHER? I'M SORRY, SIX TIME.

OH, THE LAST TIME.

LAST TIME I CAME BY YOUR OFFICE.

OH, OKAY.

YOU CAME BY THE OFFICE AND HE EXPRESSED TO ME THE CONCERN THAT HE HAD.

AND I I, I THEN TOLD HIM, WELL, HE NEEDS TO LET IT BE KNOWN.

AND I SAID, PLEASE COME AND LET US KNOW.

UH, THE ISSUE IS 80% OF THE PEOPLE THAT THEY'RE SERVING IS, THEY'RE PEOPLE OF COLOR, BUT ONLY, UH, 20% OF THOSE THAT ARE HELPING TO EITHER BUILD OR DELIVER OR PEOPLE OF COLOR.

SO I KNOW THAT THERE ARE MANY ORGANIZATIONS THAT THAT IS A PART OF THEIR CREED TO HELP OTHERS.

SO I'M HOPING THEY HEAR US.

SOME OF THE FRATERNITIES, SOME OF THE SORORITIES, SOME OF THE SOCIAL GROUPS, SOME OF, UH, CHURCHES, JUST CHURCHES, ANY ORGANIZATIONS OUT THERE.

THEY NEED HELP IN BUILDING BEDS AND AFTER BUILDING THE BEDS, GETTING THE BEDS TO THOSE PEOPLE WHO NEED THEM.

AND I THANK YOU FOR WHAT YOU DO, AND THANK YOU FOR BRINGING THAT AWARENESS TO ME THAT THAT IS WHAT YOU DO.

AND I WILL DO EVERYTHING I CAN TO MAKE SURE OTHERS KNOW AND THAT, AND WE'RE AVAILABLE FOR SPEAKING ENGAGEMENTS FOR ANYONE THAT WANTS TO SIT STILL TO LISTEN TO ME TALK.

OKAY.

WELL, THANK YOU SO VERY MUCH.

THANK YOU.

UH, DAVID, PETE, 63 55 CHIN LANE BY MY TEXAS.

GOOD AFTERNOON, MARY TO THE COUNCIL.

UM, I, I CAME HERE THIS TO TODAY, SOMETHING CAUGHT MY ATTENTION.

UH, YOU GUYS WERE IN OPEN DISCUSSIONS ON LAST TUESDAY IN REGARDS TO THE A T AT AND T BUILDING.

AND, UH, I HAD PUT A REQUEST IN FOR THE CONTRACT THAT WAS WRITTEN UP ON THAT BUILDING.

AND WHAT, WHAT GOT CAUGHT MY ATTENTION ON THE CONTRACT KEY IS THAT, UM, THERE WERE PROVISIONS MADE BY THE SELLER, WHICH IS MR. FLANIGAN TO THE CITY COUNCIL.

UM, THE CITY COUNCIL ENGAGED IN A CONTRACT WITH, WITH THIS GENTLEMAN, BUT HE LEFT PROVISIONS IN HERE THAT YOU GUYS HAD TO FOLLOW IN ORDER FOR THAT DISAGREEMENT TO GO FORWARD.

AND SO I WAS, IT WAS PRETTY INTERESTING TO ME TO SEE THAT YOU ALL ENTERED INTO THIS CONTRACT, BUYING BACK THE AT AND

[01:25:01]

T BUILDING FROM HIM FOR A LITTLE BIT MORE THAN WHAT HE PAID FOR IT.

AND THEN, UM, THEN YOU BEGIN, THEN THERE WAS A LIST THAT WAS MENTIONED BY MR. CHRIS BOONE ON LAST TUESDAY IN REGARDS TO, UH, GETTING IT, UH, THE HAWK, UM, AGREEMENT TOGETHER, THE PEOPLE FOR THE BOARD AND, AND SURPRISINGLY, UH, HIS NAME WAS ONE OF THE NAMES ON THERE, UH, TO BE ON THAT BOARD ALONG WITH A COUPLE OTHER PEOPLE WHO HAVE BUSINESS INTERESTS DOWNTOWN, UM, THAT WOULD ENHANCE THEM IF THEY WERE TO GET CONTRACTS FROM OTHER BIDS THAT WOULD ENHANCE THEIR GROWTH AND ALSO PROFIT FROM IT.

SO I'M TRYING TO UNDERSTAND HOW THE CITY IS VETTING THESE CONTRACTS, HOW YOU GUYS ARE ENGAGING IN, IN DIFFERENT CONTRACTS, AGREEMENT WITH PEOPLE OF BUSINESS IN, IN THE COMMUNITY, BUT YET YOU'RE NOT MAKING IT CLEAR TO THE COMMUNITY EXACTLY WHAT YOU'RE DOING.

SO, AND THEN YOU GOT THOSE SOME ON THE BOARD.

I'M NOT SAYING ALL THAT ARE ENTERTAINING CERTAIN BUSINESS PEOPLE, UH, TO COME UP AND TO PITCH THEIR, YOU KNOW, IDEAS OR WHATEVER IT IS SO THAT THE COUNSELOR CAN POSSIBLY VOTE ON IT, YOU KNOW? SO, BUT THERE WAS SOME THINGS THERE THAT KIND OF CAUGHT MY ATTENTION.

AND ANOTHER THING ON THE CONTRACT IS THAT, UM, AT THE END OF THE CONTRACT, UH, TWO SIGNATURES AND DATES WERE SUPPOSED TO BE ON, THERE WERE ONE OF THE DATES, UM, THAT WAS WRITTEN BY MR. FINNIGAN WAS DATED 7 20 22.

AND THE OTHER SIGNATURE, THE BUYER, WHICH IS AT THE TIME MR. CHRIS BOONE WAS THE INTERIM, UM, CITY MANAGER.

UH, HE DATED 7 26 22.

SO I DON'T KNOW IF THAT WAS A TYPE OF GRAPHICAL ISSUE.

I DON'T KNOW IF THAT WAS AN ISSUE OR WHATEVER IT IS.

BUT IF YOU IN ENTER INTO A CONTRACT, THE DATES, THE SIGNATURES MUST MATCH AND THEY DON'T MATCH.

SO SOMETHING HERE, I'M NOT SAYING SOMETHING WAS DONE WRONG, BUT I'M SAYING IT LEAVES A LITTLE QUESTION, UH, AS TO HOW THINGS ARE BEING DONE DOWN HERE IN CITY HALL.

SO PLEASE, BY ALL MEANS, UM, INTEGRITY IS EVERYTHING.

THANK YOU.

AND WE NEED TO MAKE SURE WE MAINTAIN INTEGRITY AT ALL LEVELS OF CITY COUNCIL TO THE CITIZENS, TO THE PEOPLE, AND ANY TYPE OF DISPUTES OR ANY ISSUES THAT CONCERNS CONTRACTS OR OTHERWISE.

THANK YOU.

SO THAT'S ALL I HAVE TO SAY.

THANK YOU.

THAT'S ALL I HAVE, MAYOR.

OKAY.

THANK YOU.

AT THIS TIME, UH, WE WILL HAVE COUNCIL MEMBER COMMENT, AND I WILL START WITH THE COUNCIL MEMBER.

NEIL.

THANK YOU, MAYOR.

I'D JUST LIKE TO SAY CONGRATULATIONS TO THE BEAUMONT POLICE OFFICERS ASSOCIATION ON FINALLY GETTING THIS CONTRACT DONE.

SO, CONGRATS, , COUNCIL MEMBER SAMUEL, NOTHING THERE.

COUNCIL MEMBER FELLOWS Y SAME.

CONGRATULATIONS TO BEAUMONT PD.

WE APPRECIATE ALL OUR FIRST RESPONDERS AND ALSO JUST AN ENDORSEMENT FOR SLEEPING HEAVENLY PEACE.

MY CHURCH HAS BEEN INVOLVED WITH THEM BEFORE AND IT WAS A POSITIVE EXPERIENCE, AND SO JUST WANTED TO GIVE THEM A SHOUT OUT.

THANK YOU, MAYOR.

COUNCIL MEMBER TURNER GRATA ROBBIE, APPRECIATE THE PROFESSIONALISM, MAN.

SERIOUSLY, REALLY APPRECIATE IT.

UH, ONE THING I WANNA TALK ABOUT IS WE HAVE A UNITY AND COMMUNITY FALL FISTS KICKBALL TOURNAMENT COMING UP THIS SATURDAY.

SO IT'S A WAY THAT WE'RE GONNA ACTUALLY HAVE THE ADULTS AND THE CHILDREN TO HAVE THE OPPORTUNITY TO COME TOGETHER AND HAVE A GOOD TIME.

THAT'S GONNA BE IN CHARLTON PILOT PARK FROM TWO TO SEVEN, UH, THE FALL FESTIVAL WITH ANTIOCH, 1231 STARTING AT 5:00 PM THAT'S MY HOME CHURCH.

THE CHAMBER COMMERCE IS HAVING A MIX AND MEAGLE HOSTED BY CVB THIS THURSDAY FROM FOUR 30 TO SIX 30.

IT'S IMPORTANT TO COME AND SEE WHAT'S GOING ON.

AND I THINK THIS ONE IS VERY IMPORTANT.

IT'S HAPPENING THIS EVENING.

DD SIX, DRAINAGE DISTRICT SIX IS, HAS HAVING A REGIONAL WATERSHED STUDY AND A PUBLIC MEETING.

SO IF YOU HAVE ANY CONCERNS ABOUT FLOODING AND HOW FLOODING WORKS IN THIS CITY, IT'LL BE HAPPENING AT THE EVENT CENTER, AND IT'LL START AT 5:30 PM ON TODAY.

SO THAT'S JUST PRETTY MUCH MY THINGS, BUT I THINK IT'S IMPORTANT THAT LAST ONE, IF YOU'RE CONCERNED ABOUT ANY FLOOD STUDIES OR FLOOD MITIGATION, ANY FLOOD IN THE AREA, IT'S IMPORTANT YOU GET THERE AND VOICE YOUR OPINION TO SPEAK UP.

THANK YOU.

COUNCIL MEMBER GUTS.

THANK YOU, MAYOR.

UH, I'M NOT SURE WHO I EXPRESSED MY APPRECIATION TO FOR THIS, BUT THIS DOCUMENT WAS ON THE DISS WHEN WE APPEARED.

IT'S A DOWNTOWN DASHBOARD, WHICH PROVIDES US WITH A, UH, AT A GLANCE STATUS AND NEXT STAGES FOR OUR FOUR VERY SIGNIFICANT PROJECTS, UH, DOWNTOWN.

THAT BEING, UH, THE DOWNTOWN PLANT ITSELF, RIVERFRONT PARK, 5 55 MAIN STREET, AND 1 25 MAGNOLIA.

SO THANK YOU TO WHOEVER DID THIS.

IT'S, IT'S HELPFUL.

UH, ONE OF THE THINGS THAT I'VE TALKED ABOUT PERIODICALLY OVER THE YEARS IS THE NEED TO CONSIDER ELIMINATION OF FLUORIDE FROM OUR WATER SUPPLY.

[01:30:01]

AND, UH, I TALKED TO THE CITY MANAGER ABOUT THIS, UH, SOMETIME BACK.

AND, UM, AS IT TURNS OUT, IN BUDDHA, UH, Y'ALL HAD HAD AN ELECTION, UH, THAT YOU TOOK IT TO THE CITIZENS ON THAT ISSUE, AND THE CITIZENS VOTED TO ELIMINATE WATER, UH, FLUORIDE FROM THE WATER SUPPLY, AS HAS SEVERAL OTHER CITIES IN THE STATE OF TEXAS.

SO I WANT TO THROW IT OUT THERE THAT THAT MIGHT BE SOMETHING WE WANT TO CONSIDER, UH, DOING IN OUR MAY ELECTION, UH, AS, AS OF, UH, IF THERE'S, UH, FURTHER INTEREST FROM ANYBODY ON COUNCIL ON DOING THAT, UH, I'VE TALKED TO COUNCILMAN KNEELED ABOUT THIS.

UH, I DON'T KNOW IF WE SHOULD DO A WORKSHOP OR THE BEST WAY TO PROCEED, BUT MR. MANAGER, COULD YOU MAKE SOME RECOMMENDATIONS ABOUT THAT GOING FORWARD? SURE.

WOULD APPRECIATE IT.

UM, THERE WAS ANOTHER THING THAT I WANTED TO TALK ABOUT, AND THAT WAS WHAT THE CITY ATTORNEY PROVIDED ME WITH, UH, A SAMPLE OF SOME SPEAKER GUIDELINES, UH, SOME OTHER CITIES HAVE EMPLOYED.

IT'S A VERY GOOD DOCUMENT, AND IT MIGHT BE TIME TO, UH, UPDATE OUR SPEAKER GUIDELINES.

AND SO, UH, I MAYBE WE SHOULD HAVE A WORKSHOP ON THAT AND SHARE THAT DOCUMENT, UH, WITH OTHER CITY COUNCIL MEMBERS.

I THINK IT HAS SOME EXCELLENT SUGGESTIONS IN THERE.

SO, UH, YOU COULD MAKE THAT HAPPEN.

UH, MS. REED, THAT WOULD BE WONDERFUL.

LASTLY, I WANNA GIVE A SHOUT OUT TO, UM, EMILY WHEELER AND, UH, HER STAFF FOR ONCE AGAIN, PROVIDING AN INCREDIBLE WEEKEND OF ACTIVITIES TO DO DOWNTOWN.

LET ME JUST KINDA LIST, I DON'T EVEN THINK THIS IS ALL INCLUSIVE, BUT SOME OF THE HIGHLIGHTS.

UH, WE HAD THE PINK FLOYD LASER LIGHT SHOW ON FRIDAY NIGHT AT THE JULIE ROGERS, WHICH WAS AMAZING.

UM, JUST, JUST AN INCREDIBLE SPECIAL EFFECTS IN MUSIC.

THEN SATURDAY AT THE JEFFERSON THEATER, WHICH IF YOU HAVE NOT BEEN TO JEFFERSON THEATER TO SEE HOW THEY'VE GOT IT DECORATED FOR HALLOWEEN, YOU REALLY SHOULD, BECAUSE, UH, IT'S, IT'S PRETTY COOL WHAT THEY'VE DONE TO THE LOBBY.

BUT THEY HAD A SILENT MOVIE THAT WAS A HUNDRED YEARS OLD.

UM, HOW DO YOU PRONOUNCE IT? CHRIS NOSFERATU.

OKAY.

UM, IT WAS, IT FEATURED THE, UH, ROBERT MORTON WONDER OREGON, BECAUSE OF COURSE, IT'S A SILENT MOVIE, AND THE OREGON MADE ALL THE, ALL THE SOUNDS.

SO THAT WAS VERY COOL.

AND THEN IF THAT'S NOT ENOUGH, SUNDAY, THERE IS A BAND TO TEXAS BAND, UH, CALLED BLUE OCTOBER THAT SOLD OUT, UH, THE JEFFERSON THEATER, UH, INCREDIBLE, UH, ALTERNATIVE ROCK MUSIC.

REALLY, REALLY GOOD CROWD.

AND, UH, SO, AND THEY'RE CONTINUING.

I THINK THEY'RE DOING MOVIES, CLASSIC MOVIE NIGHTS, THE 13 DAYS OF HALLOWEEN.

SO THERE'S A SCARY MOVIE EVERY NIGHT FOR LIKE SIX BUCKS.

YOU CAN GO TO THE MO JEFFERSON THEATER AND, AND SEE A MOVIE FOR CHEAP.

SO THANK YOU FOR ALL THAT YOU DO.

LOTS OF STUFF TO DO IN BEAUMONT.

LOTS OF STUFF COMING UP NEXT WEEK.

UM, SO ENJOY THE WEATHER.

THANK YOU, MAYOR PROTON.

THANK YOU, MAYOR.

JUST A REMINDER, UM, EARLY VOTING HAS STARTED.

UM, YOU CAN VOTE AT JOHN'S LIBRARY, ROGERS PARK, OR JEFFERSON COUNTY, UM, COURTHOUSE, OR THE BUILDING ON, UM, THE PARKS BUILDING ON LUCAS, UH, LUCAS STREET ALSO REMIND EVERYBODY WE'RE GONNA HAVE A LOT OF CONSTRUCTION GOING ON ON THE HIGHWAY, SO BE CAREFUL.

THAT ACCIDENT I TOLD YOU ABOUT YESTERDAY, THAT THAT ACTUALLY HAPPENED.

I DON'T KNOW HOW ANYBODY FROM, I MEAN, THERE'S SIGNS UP ALL OVER THE PLACE, SO I REALLY DON'T KNOW WHAT HAPPENED.

I JUST CALLED 9 1 1, BUT, UH, ALSO PARA ARCHER NEIGHBORHOOD ASSOCIATION MEETING THIS THURSDAY AT SIX 30.

WE'LL BE AT OUR MOTHER OF MERCY HALL.

WE ARE USING THE LIBRARY FOR EARLY VOTING.

AND THAT'S ALL I HAVE, MAYOR.

THANK YOU, MR. CITY MANAGER.

THANK YOU, MAYOR.

UH, THREE.

THANKS.

AND, AND IF YOU'LL, UH, INDULGE ME FOR A MINUTE, WE, WE DID CREATE THIS, UH, I GET A LOT OF REQUESTS FROM COUNCIL ON UPDATES ON THESE PLANS.

SO I ASKED, UH, UH, COMMUNITY, UH, DEVELOPMENT DIRECTED CHRIS TO COME UP WITH THE METHOD TO DO THAT.

SO THIS IS HOW WE'LL UPDATE EVERY COUNCIL MEETING.

AND CHRIS, IF THERE ARE ANY HIGHLIGHTS YOU WANT TO TOUCH ON, FEEL FREE TO DO THAT NOW.

OKAY? YEAH.

JUST REAL QUICKLY, THERE'S A LOT OF THINGS GOING ON DOWNTOWN.

AND SO IN ORDER TO KEEP EVERYBODY UPDATED, WE, UH, WE THOUGHT WE WOULD, UH, DO SOME, DO A SINGLE DASHBOARD WHERE WE CAN SHARE WITH COUNSEL.

WE COULD ALSO, YOU KNOW, POST IT TO THE WEB FOR THE CITIZENS TO SEE.

BUT JUST SOME QUICK, QUICK EXCERPTS.

UM, YOU KNOW, THE DOWNTOWN PLAN PROCESS, UM, UH, WE HOPE TO BE UNDERWAY SOON, UH, AS SOON AS WE CAN GET THAT FINAL COMMITTEE, UH, SQUARED AWAY.

UH, RIVERFRONT PARK,

[01:35:01]

I THINK BARTON, HIS GROUP IS, LOOK, THEY'RE LOOKING TO GO OUT FOR BID NEXT MONTH ADVERTISEMENT.

OKAY, ADVERTISE, OKAY, ADVERTISE NOW.

AND WE'RE THINKING BEST CASE SCENARIO, MAYBE THIRD QUARTER OF 2024 TO GET THE PARK BACK OPEN.

UH, AS YOU PROBABLY SAW, THE 5 55 MAIN RFP IS OUT.

WE HAD A WALKTHROUGH LAST WEDNESDAY, UM, AND THEN WE HAD SOME DISCUSSION RECENTLY ABOUT 1 25 MAGNOLIA.

SO, UM, AGAIN, WE HOPE TO UPDATE THESE SO THAT, UH, COUNCIL IS AWARE, UH, JUST BECAUSE WE DO HAVE A LOT GOING ON DOWNTOWN, AND WE'LL EXPECT TO HAVE A LOT GOING ON IN THE NEXT, UH, SIX MONTHS.

EXPLAIN METER THE BOTTOM.

YES.

SO , THE METER AT THE BOTTOM JUST REFLECTS KIND OF WHERE WE THINK WE ARE IN THE PROCESS.

SO IF YOU LOOK AT LIKE DOWNTOWN PLAN, WE'RE, WE'RE, WE'RE, UH, WE'RE PRETTY EARLY IN THE PROCESS.

IF YOU LOOK AT THE SECOND COLUMN, RIVERFRONT PARK, YOU'LL SEE THAT, UH, WE'RE OVER 50%.

AND YOU THINK, WELL, CHRIS, THAT SEEMS A LITTLE AGGRESSIVE BECAUSE WE HAVEN'T EVEN STARTED CONSTRUCTION.

BUT IT'S TAKEN SUCH A LONG, IT'S BEEN A LONG PROCESS FOR THE DESIGN, BUT ALSO WORKING WITH FEMA, UM, AND SOME OTHER GROUPS TO GET US TO THAT POINT.

SO EVEN THOUGH WE, WE HAVEN'T STARTED THE CONSTRUCTION, THE END OF IT, IT'S, IT'S TAKEN THAT LONG TO GET HERE.

SO THAT'S THE IDEA BEHIND IT.

THANKS CHRIS.

AND TWO OTHER THINGS THAT WE'RE WORKING ON, UH, QUICK UPDATE, STRATEGIC PLAN.

I HAVE A DRAFT R P ON MY DESK AND, AND I'M REVIEWING IT.

AND SO WE'LL BE HAVING THAT GOING FORWARD PRETTY QUICKLY.

UH, DRAFT THE STRATEGIC PLAN, GETTING IT OUT, AND ALSO AN ECONOMIC DEVELOPMENT PLAN.

WE'VE IDENTIFIED FUNDING FOR ALL OF THESE, THE FUNDINGS IDENTIFIED FOR EVERYTHING MENTIONED TODAY FOR THESE PLANS.

AND, UM, SO I'M HAVING A CONVERSATION TOO WITH THE CHAMBER COMMERCE, UH, FOR EXECUTION OF THIS.

SO ALL OF THESE ON THE TABLE, AND WE SHOULD HAVE THEM OUT AND, UH, TO THE PUBLIC SOON.

THANK YOU, ATTORNEY.

HUH? I HAD ONE MORE MINUTE.

I'M SORRY.

UH, JUST, JUST ONE THING, UH, AGAIN, THANKS TO THE POLICE DEPARTMENT FOR NEGOTIATING IN GOOD FAITH.

IT WAS, IT WAS, UH, EXPERIENCE THAT ALWAYS CAN BE DIFFICULT, BUT IT WAS MADE, UH, AMENABLE BY THE PEOPLE THAT PARTICIPATED.

AND AGAIN, I, I MUST INCLUDE STAFF BECAUSE THIS IS MUCH GIVE AND TAKE FROM THEM AS IT IS FROM THE POLICE DEPARTMENT.

SO, CHARADE, CHRIS AND TODD, I, I REALLY COMMEND THEIR HARD WORK ALONG WITH ROBIN PEOPLE THERE.

BUT ONE THING THAT WAS TALKED ABOUT THIS POSSIBLY IN THERE WAS, UH, YOU KNOW, OUR EMPLOYEES LIVING IN THE CITY OF BEAUMONT, WE, WE WANT TO ENCOURAGE THAT WE DIDN'T DO THIS IN THAT, UH, DISCUSSION.

BUT I WANT TO WORK ON THAT ADMINISTRATIVELY.

CAUSE I JUST DON'T WANT TO INCLUDE THE POLICE DEPARTMENT.

I WANT ALL CITY OF BEAUMONT EMPLOYEES TO CONSIDER LIVING IN OUR CITY.

SO I WANT TO LOOK AT SOME THINGS THAT WE CAN PUT IN OUR POLICIES AND EMPLOYEE POLICIES THAT WILL, UM, CREATE INCENTIVES, WHATEVER IT'S FOR PEOPLE TO WANT TO LIVE HERE.

SO I'LL BE WORKING ON THAT SEPARATELY.

MM-HMM.

, THANK YOU, MAYOR.

THANK YOU MR. CITY MANAGER AND OUR CITY ATTORNEY, MS. REID.

I WON'T CONGRATULATE ROBBIE CAUSE I THINK HIS HEAD IS GETTING SWOLLEN FROM ALL THE COMPLIMENTS, , BUT I WILL SAY THAT IT WAS A PLEASURE.

UM, I WANNA CLARIFY SOMETHING THAT WAS MADE IN THE CONTRACT JUST FOR THE PEOPLE WHO ARE VIEWING WHO MIGHT NOT UNDERSTAND THE CITY'S CONTRACT POLICIES.

WHEN WE CONTRACT WITH ANYONE, WHETHER IT'S FOR THE PURCHASE OF THE SALE OF A BUILDING OR EVEN WHEN WE'RE BUYING SUPPLIES, WE REQUIRED THEM TO RETURN THE CONTRACT TO SIGNED PRIOR TO PRESENTING IT TO COUNCIL SO THAT WE, THEY UNDERSTAND AND WE UNDERSTAND THAT THERE ARE NOT GONNA BE ANY ADDITIONAL CHANGES TO THAT CONTRACT WHEN WE POST THAT CONTRACT AND PROVIDE IT TO COUNCIL.

THAT IS ESSENTIALLY THE FORM IN WHICH IS DONE.

AND LETS, COUNCIL HAD SOME, SOME UNSETTLING AMOUNTS ABOUT IT.

I REVIEWED IT, AND THAT'S A CONTRACT THAT WE WANNA PUT FORWARD.

THEY'VE ACCEPTED MY CHANGES, AND THAT IS WHAT WE AGREED TO.

SO WHEN IT COMES TO COUNSEL, IT'S ALREADY PRE-SIGNED.

ALMOST 99% OF THE TIME IT'S PRE-SIGNED BY, UM, THE INDIVIDUALS BECAUSE WE'RE NOT EXPECTING ANY ADDITIONAL CHANGES.

UM, THE SECOND THING IS, IS THAT IN THE SITUATION INVOLVING THE AT AND T CASES, UH, THEY'RE ALWAYS GONNA BE POTENTIALLY SEPARATE DATES BECAUSE WE DON'T SIGN THE CONTRACT UNTIL THE CITY MANAGER IS GIVEN AUTHORITY BY COUNSEL.

UM, SO EVERY LINE OF OUR CONTRACT HAS A SIGNATURE LINE THAT SAYS THAT THE CONTRACT BECOMES EFFECTIVE UPON EXECUTION.

AND IT'S P UH, AND ANYONE WHO UNDERSTANDS CONTRACT LAW KNOWS THAT THAT'S THE LAST SIGNATURE OF THE CONTRACT.

SO NOT IN THIS DAY AND AGE, NOT EVERYBODY'S IN THE SAME ROOM AT THE SAME TIME TO SIGN THE CONTRACT.

AND SO FOR ANYONE WHO WAS CONFUSED ABOUT THAT, WHY YOU MAY SEE SEPARATE DATES ON THE CITY CONTRACT.

THAT IS WISE BECAUSE, UH, CITY EMPLOYEES ARE STAFF, WHETHER IT'S A CITY MANAGER OR HIS DESIGNEE, UM, DOESN'T HAVE AUTHORIZATION UNTIL GIVEN BY COUNSEL.

THANK YOU.

UM, MR. BI, NOTHING.

THANK YOU.

THANK YOU, MR.

[01:40:01]

BARKOV.

NO PROBLEM.

THANK YOU MR. SIMINO AND OUR CITY CLERK.

NO PROBLEM.

OKAY, THANK YOU.

NOW, LAST BUT NOT LEAST, WHEN YOU'RE THE LAST ONE, PRETTY MUCH EVERYONE'S TAKING EVERYTHING THAT'S ON YOUR LIST.

BUT, UH, FIRST OF ALL, I WOULD LIKE TO CONGRATULATE ROBBIE AND, UH, BEAUMONT POLICE OFFICER ASSOCIATION ON, UH, A CONTRACT AND, UM, TO STAFF, UH, FOR WORKING THROUGH ALL OF THAT, EVEN BRINGING IN OUR NEW CITY MANAGER IN THE MIDST OF IT.

BUT IT WAS ALL WORKED OUT, AND I BELIEVE WE HAVE A GREAT CONTRACT FOR OUR, UM, POLICE DEPARTMENT.

ALSO, IT'S RED RIBBON WEEK.

THIS WEEK I WAS OUT AT BLANCHETT ELEMENT ELEMENTARY, UH, ON YESTERDAY MORNING, UH, DOING THE PLEDGE OF ALLEGIANCE AND, UM, THE KICKOFF OF RED, UH, RIBBON WEEKS SAY NO TO DRUGS.

SO I HAD MY RED RIBBON, I THINK IT'S, UH, IN THE PARKING LOT SOMEWHERE.

THE WIND WAS SO HIGH, I BELIEVE IT JUST FLEW OFF.

BUT THEY GAVE ME A RED RIBBON, UH, TO WEAR THIS WEEK.

AND I'M GONNA GO BACK AND LOOK FOR MY RED, UH, RIBBON THAT I LOST WALKING INTO THE BUILDING AGAIN.

UH, EARLY VOTING STARTED ON YESTERDAY.

UM, AND IT WILL, UH, GO THROUGH NOVEMBER 4TH.

AND ELECTION DAY IS NOVEMBER 8TH.

PLEASE GET OUT, EMPHASIZE YOUR RIGHT TO VOTE.

UM, ALSO, UM, I MISSED, UM, A COMMENT ON LAST TUESDAY.

UM, CITY MANAGER AND I WENT OUT TO THE NEW CHRIST CENTER CAMP THAT THE BEAUMONT CATHOLIC DIOCESE, UM, CITY MANAGER AND I, UH, WERE OUT AND WE HELPED WITH THE, UH, GROUNDBREAKING OF THE NEW CENTER CAMP.

UH, IT'S AT 7 78 55 TRAM ROAD, AND IT'S GONNA BE A WONDERFUL FACILITY.

YOU CAN'T SEE IT FROM MAJOR DRIVE AND, AND TRAM ROAD.

AS A MATTER OF FACT, WE PASSED IT UP AND HAD TO BACK UP AND GO BACK.

BUT ONCE YOU GO DOWN THE ROAD, UM, YOU LOOK LIKE YOU'RE IN THE HEART OF THE WOODS.

, I MEAN, EAST TEXAS REALLY.

AND IT'S, IT'S BEAUTIFUL.

THEY'VE DUG OUT, UM, UM, A PRIVATE LAKE AND, UM, THERE'S GONNA BE A SWIMMING POOL.

IT'LL BE, UM, A RETREAT CENTER.

UM, THERE WILL BE SOMEONE LIVING ON, ON THE PROPERTY.

UH, IT WILL BE CAMP HOUSES.

AND THE GREAT PART ABOUT IT, UH, THE PUBLIC WILL BE ABLE TO RENT IT OUT, UH, FOR CHURCH FACILITIES, DIFFERENT TYPE OF GROUPS.

I WOULD LIKE TO GO OUT THERE IF MY CELL PHONE DOESN'T WORK AND JUST, UH, GET IN A BANK AND JUST SLEEP OUT THERE FOR A NIGHT OR TWO.

BUT, UM, TO THE CATHOLIC DIOCESE, IT'S, IT'S A, UM, IT'S A WONDERFUL PROJECT.

AND THERE WERE SOME VERY, VERY GENEROUS, UM, PEOPLE THAT DONATED THE LAND AND SEVERAL OTHER PEOPLE THAT DONATED SO MUCH OF THE WORK.

BUT IT'S, UM, REAL EXCITING.

IF YOU GET AN OPPORTUNITY, I WOULD GO OUT AND SEE IT.

ALSO, UM, I'VE PERSONALLY MADE, UH, SOME PHONE CALLS BECAUSE LAWN SERVICES THAT ARE OUT DOING, UH, YARD CUTTING AND, UM, THEY ARE LITERALLY BLOWING, UH, THE GRASS CLIPPINGS INTO THE MIDDLE OF THE STREET.

AND THEN WHEN THE, THE SWEEPERS COME BY, UH, THE STREETS ARE FULL OF GRASS, WHICH WHEN WINDY, OUR CARS ARE PASSING, ALL OF THOSE, UH, CLIPPINGS GO INTO THE STORM DRAINS.

SO WE'RE ASKING EVERYONE TO PLEASE IF YOU COULD BLOW IT BACK INTO THE GRASS OR EITHER PICK IT UP AND NOT BLOW IT OUT INTO THE STREET SO THAT IT CAN GET IN THE STORM DRAIN.

UH, THE CITY WOULD APPRECIATE IT.

ALSO, TONIGHT, AGAIN, FIVE 30, UH, DD SIX, UH, HAS SOME FUNDING THAT'S BECOME AVAILABLE, UH, FOR FLOOD MITIGATION, AND IT WILL BE AT THE EVENT CENTER.

SO IF YOU'RE INTERESTED IN HEARING ABOUT IT, PLEASE GET OUT TONIGHT SO THAT YOU CAN ASK YOUR QUESTIONS AND GET ALL OF THE INFORMATION.

AND I WOULD LIKE TO THANK AND GIVE RECOGNITION TO TWO LADIES WHO ARE HERE CONSTANTLY EVERY WEEK.

OFFICER RILEY AND OFFICER MAURO, UH, THEY STAND HERE, UH, ON GUARD, ON STAFF, JUST HERE TO MAKE SURE OUR ORDER IS KEPT.

AND I WANT TO THANK YOU FOR THE JOB THAT YOU DO.

I DON'T WANT ANYBODY

[01:45:01]

TO THINK YOU'RE JUST CUT OUTS AND YOU'RE JUST PROPPED IN PLACE.

SO JUST WANTED TO THANK Y'ALL FOR THE JOB THAT YOU DO.

THANK YOU SO VERY MUCH.

SO WITH ALL OF THAT SAID, MET AMERICA.

I SAY ONE THING ABOUT THE ELECTION.

SURE.

UH, BECAUSE I'VE HAD A LOT OF PEOPLE CALL ME ABOUT THESE PROPOSITIONS THAT ARE ON THE SAMPLE BALLOT, AND THAT CONCERNS THE MANAGED MUNICIPAL DISTRICT.

AND IT'S CONFUSING TO PEOPLE THAT DON'T UNDERSTAND WHAT THAT'S ALL ABOUT.

BUT THE MANAGED MUNICIPAL DISTRICT IS THAT AREA OF LAND THAT IS BORDERED BY DELAWARE, GLADYS, UH, DOON AND MAJOR DRIVE.

IT'S AN OLD OIL FIELD, AND IT'S GONNA BECOME A VERY NICE SUBDIVISION.

IN ORDER TO FINANCE THE INFRASTRUCTURES FOR THAT, THEY HAD TO HAVE RESIDENTS LIVING THERE.

AND AS YOU RECALL, WE AS A COUNCIL GAVE SPECIAL DISPENSATION TO ALLOW THEM TO MOVE TWO MOBILE HOMES ONTO THAT PROPERTY TO CREATE, UH, THE OPPORTUNITY TO HAVE TWO RESIDENTS.

THE ONLY PEOPLE THAT ARE GONNA BE ABLE TO VOTE ON THAT, AND THE ONLY PEOPLE THAT WILL BE AFFECTED BY THAT BOND ARE THE PEOPLE THAT ARE LIVING WITHIN THE BOUNDARIES OF THAT MANAGE MUNICIPAL DISTRICT.

SO YOU DON'T HAVE TO WORRY ABOUT THAT BOND AFFECTING YOUR TAXES OR YOUR TAX RATE OR ANYTHING LIKE THAT.

UH, YOU'RE NOT EVEN GONNA GET A CHANCE TO VOTE ON IT.

UH, IT SHOULDN'T EVEN COME UP ON YOUR BALLOT, I DON'T THINK IT DOES, UNLESS YOU'RE A RESIDENT OF THE MANAGE MUNICIPAL DISTRICT.

SO, UH, TRY TO TRY TO UNDERSTAND THAT IT'S NOT GONNA HURT YOU.

IT'S NOT EVEN GONNA AFFECT YOU.

THINK OF IT AS A HOMEOWNER'S ASSOCIATION ON STEROIDS.

UH, THE HOMEOWNER'S ASSOCIATION WILL SOMETIMES HAVE DUES INCREASES TO FINANCE THINGS WITHIN THE HOMEOWNER'S ASSOCIATION, BUT NEARBY RESIDENTS WOULDN'T GET TO VOTE ON THAT.

ONLY MEMBERS OF THE HOMEOWNERS ASSOCIATION WOULD.

SO IT'S, IT'S A SIMILAR TYPE OF PROCESS.

THANK YOU, MAYOR.

THANK YOU.

COUNCIL MEMBER GOODS, BECAUSE I'VE GOTTEN CALLS ABOUT THAT TOO.

I'VE EXPLAINED THAT IF IT'S NOT IN YOUR AREA, IT WON'T EVEN COME UP ON YOUR BALLOT.

AND MENTION IN VOTING, UH, I VOTED ON YESTERDAY AND I LOVE THE NEW MACHINES.

I BELIEVE, UH, IF YOU HAVE NOT VOTED, YOU WILL BE PLEASANTLY SURPRISED.

UH, IT'S SO SIMPLE.

IT'S NO DIALING, NO PUNCHING IN, UH, A CODE.

YOU JUST TAP THE SCREEN AND JUST PROCEED DOWN THE LIST.

AND SO I THINK IT TOOK ME ALL OF ABOUT THREE MINUTES TO VOTE.

SO, UH, YOU'LL ENJOY THE NEW MACHINES.

SO WITH ALL OF THAT SAID, WE WANNA THANK EACH AND EVERY ONE OF YOU FOR COMING OUT TODAY.

GO OUT AND SPREAD THE LOVE, AND WE WILL RECESS TO EXECUTIVE

[EXECUTIVE SESSION ]

SESSION.

THANK YOU.