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[CALL TO ORDER]

[00:00:11]

SEE IT? YEAH. CAN YOU ALL HEAR ME NOW? I NEED TO REPEAT THAT. ALL RIGHT. I SPEAK LOUD, PLEASE STAND AND REMAIN STANDING FOR THE PLEDGE OF ALLEGIANCE. LET US PRAY. ETERNAL GOD, OUR FATHER.

LORD, WE THANK YOU, LORD, FOR THIS DAY. THIS IS THE DAY THAT YOU HAVE MADE. WE WILL REJOICE AND BE GLAD IN IT. LORD, WE PRAY THAT YOU WOULD ALLOW YOUR GRACE AND YOUR MERCY TO CONTINUE TO GOVERN THIS COUNCIL AND LORD, THAT WE WILL REMEMBER THAT WE ARE SERVANTS FOR YOUR PEOPLE.

AND LORD, WE PRAY THAT YOU WILL CONTINUE TO BLESS THIS GREAT CITY OF BEAUMONT. CONTINUE TO BLESS HER AND ALL THY WAYS. LORD GUIDE HER IN THE WAY THAT SHE SHOULD GO, AND WHEN PEOPLE WILL SEE WHAT GOOD THINGS YOU DO FOR HER, WE WILL REJOICE, BECAUSE IT HAS BEEN BY YOUR HAND AND BY YOUR GRACE. LORD, WE THANK YOU FOR THIS COUNCIL. WE THANK YOU FOR ALL THOSE THAT SHARE IN LEADERSHIP IN THIS CITY AND MOST OF ALL, GOD. WE THANK YOU FOR JUST BEING GOD AND YOU, GOD ALONE. THIS WE ASK IN JESUS NAM, AMEN. AMEN PLEDGE ALLEGIANCE TO THE FLAG. UNITED STATES OF AMERICA. AND THE NATION AND GOD. AND JUSTICE FOR ALL. MAY I HAVE ROLL CALL, PLEASE? MAYOR WEST, PRESENT. MAYOR PRO TEM NEAL, PRESENT. COUNCIL MEMBER. DARIO. PRESENT. COUNCIL MEMBER. GOETZ.

PRESENT. COUNCIL MEMBER. TURNER HERE. COUNCIL MEMBER. SHAW. PRESENT AND COUNCIL MEMBER.

SAMUEL. THANK YOU. ALL RIGHT. TODAY WE HAVE THREE PROCLAMATIONS AND ONE RECOGNITION AND ONE PRESENTATION IN LIEU OF READING THE PROCLAMATIONS AND RECOGNITIONS, WE WILL YIELD THAT TIME TO ALLOW THEM TO COME UP AND SPEAK ABOUT THEIR ORGANIZATION AND OUR EVENTS. AS ALWAYS, YOU AND WHOEVER IS WITH YOU IS WELCOME TO COME UP AND SHAKE HANDS WITH COUNCIL AND TAKE A PHOTOGRAPH AS WELL. THE FIRST WE HAVE RECOGNITION OF THE. OH, YOU DID IT. OKAY FIRST WE HAVE A RECOGNITION. WE HAVE A RECOGNITION OF A. OKAY OF THE 100 BLACK MEN OF GREATER BEAUMONT LAMAR COLLEGIATE CHAPTER 100 NATIONAL WINNERS OF THE 2020 4C1 HUNDRED LEADERSHIP IN CAREER INSTITUTE CONFERENCE. ACCEPTING WILL BE MR. JOHN EUGENE, PRESIDENT OF THE HUNTER BLACK MEN OF GREATER BEAUMONT AND DOCTOR CATHERINE WASHINGTON, CAMPUS ADVISOR AND ANYONE ELSE WITH THEM TODAY. PLEASE COME UP. AND IT LOOKS LIKE DAN WILLIAMS, DOCTOR TAYLOR. YES, DOCTOR. FREDDIE TITUS. COME. YOU'RE ISOLATING. ME? I'M DOING VERY WELL. THANK YOU. YES. YOU WILL. YEAH. FOR A TACO? YEAH YEAH. TACO. TACO. SOME GOOD NEWS. YES. SORRY ABOUT THAT. MY. DOING VERY WELL. THANK YOU. THANK YOU. HOW ARE YOU? GOOD TO.

HOW ARE YOU? ALL RIGHT. YEAH. THANKS FOR DOING THIS. YEAH. GOOD TO SEE YOU. THANK YOU.

EVERYTHING GOOD? THANK YOU. SIR. GOOD TO SEE YOU, MAN. YES, SIR. HOW YOU DOING? SIR. I'M GREAT.

I'M LOOKING.

[00:05:19]

AT THE CITY OF THE 100 BLACK MEN OF AMERICA IS A NATIONAL, INTERNATIONAL ORGANIZATION, ACTUALLY. AND WHAT WE DO WITH THE COLLEGIATE 100 CHAPTERS IS SINCE THE LAMAR UNIVERSITY WAS OUR HOME UNIVERSITY, WE HAD AN OPPORTUNITY TO BRING A CHAPTER HERE TO LAMAR. AND UNDER THE GREAT LEADERSHIP OF DOCTOR KATHERINE WASHINGTON, HOMETOWN GIRL DOING A BEAUTIFUL JOB WITH THE COLLEGIATE 100. IT'S BEEN SINCE 2021 THAT WE'VE BEEN IN EXISTENCE. AND AS WE INDICATED, THIS IS A THREE PEAT FOR THE COLLEGIATE 100. AND BUT IT'S A DIFFERENT GROUP EACH YEAR. AND THEY'VE BEEN DOING A MARVELOUS, MARVELOUS JOB LED BY MISS BRIA HERE. SO AGAIN. YEAH, SHE'S A OUR PRESIDENT. SO AGAIN, WE THANK YOU FOR THE RECOGNITION. WE THANK YOU FOR THE SUPPORT OF LAMAR UNIVERSITY AND THE GREAT WORK THAT THEY'RE DOING AS WELL. SO AGAIN, WE THANK YOU. AND THANK YOU FOR THE HONOR. THANK YOU. THANK YOU.

[PROCLAMATIONS]

NEXT WE HAVE A PROCLAMATION RECOGNIZING SEPTEMBER 9TH THROUGH THE 13TH, 2024 AS THE SIXTH ANNUAL DISABILITY VOTING RIGHTS WEEK. ACCEPTING WILL BE MR. SETH WILLIAMS. WILL WELLS, EXCUSE ME. SETH. SETH WELLS, EXECUTIVE DIRECTOR OF THE RISE CENTER FOR INDEPENDENT LIVING AND ANYBODY THAT YOU HAVE WITH YOU AS WELL.

AND THREE TWO, 1321. PERFECT. THANK YOU. MAYOR COUNCIL AND STAFF, THANK YOU SO MUCH FOR ALLOWING US TO BE HERE TODAY. JUST A LITTLE BIT ABOUT VOTER REGISTRATION, VOTER RIGHTS, DISABILITY, VOTER RIGHTS WEEK NEXT WEEK IS JUST A WAY FOR US TO ENSURE THAT WE'RE ALL ON THE SAME PAGE, RIGHT? WE ALL DESERVE THE ACCESSIBLE, INCLUSIVE RIGHT TO VOTE AND WHATEVER THAT MEANS FOR US. SO I'M GOING TO READ YOU A LITTLE BIT ABOUT WHAT REV UP IS AND HOW WE'VE PARTNERED HERE WITH THEM AT THE RISE CENTER TO PUT ON THIS PARTY TO POWER THE DISABILITY VOTE NEXT SEPTEMBER 10TH, FROM 1 TO 3 AT THE ARC OF GREATER BEAUMONT. THE MISSION OF REV UP TEXAS IS TO OUTREACH, EDUCATE AND DISSEMINATE INFORMATION. REV UP TEXAS WORKS WITH PEOPLE WITH DISABILITIES, THEIR FAMILY MEMBERS, SUPPORTERS, PROFESSIONALS, THE GENERAL PUBLIC AND POLICY MAKERS ON ISSUES AFFECTING THE INTEGRATION OF PEOPLE WITH DISABILITIES OF ALL AGES INTO EVERY ASPECT OF COMMUNITY LIVING. REV UP TEXAS IS A NONPARTISAN, STATEWIDE COALITION

[00:10:01]

WORKING TO ENSURE AND EMPOWER PEOPLE WITH DISABILITIES AND OUR ALLIES TO GET MORE INVOLVED IN ELECTORAL POLITICS. SO WHAT IS IT? DISABILITY VOTING RIGHTS WEEK IS A NONPARTISAN MOVEMENT HOSTED BY THE AMERICAN ASSOCIATION OF PEOPLE WITH DISABILITIES AND REV UP. DVR IS ABOUT ADVOCACY, CELEBRATING OUR COMMUNITY AND BUILDING POWER. WHY ARE WE DOING THIS? THE DISABILITY COMMUNITY MAKES UP AN IMPORTANT VOTING BLOC. DISABLED VOTERS ARE A PART OF EVERY PART OF EVERY COMMUNITY. YET SYSTEMIC BARRIERS PREVENT MANY PEOPLE WITH DISABILITIES FROM ACCESSING THEIR RIGHT TO VOTE. WHO ARE WE? DVR WAS CREATED BY GRASSROOTS DISABLED ACTIVISTS LIKE MYSELF.

DVR IS A CROSS DISABILITY CROSS MOVEMENT WEEK OF ACTION, AND WE INVITE ALL COMMUNITY MEMBERS AND ALLIES TO JOIN US. HOW ARE WE DOING IT? IT INCLUDES VOTER REGISTRATION AND EDUCATION EVENTS LIKE WE'RE GOING TO HOST AT THE AAC NEXT SEPTEMBER 10TH FROM 1 TO 3, AND THE JEFFERSON COUNTY CLERK'S OFFICE HAS BEEN GRACIOUS ENOUGH TO BRING OUT A POLLING BOX OF VOTING BLOCKS. SO WE CAN SEE AND SHOW OUR FRIENDS WITH DISABILITIES AND ANYONE WHO MAY HAVE NEVER FULLY PARTICIPATED IN THE ELECTION PROCESS, WHAT THAT'S LIKE AND WHAT WHAT ACCESSIBLE FEATURES THESE MACHINES HAVE AND THEIR RIGHTS AT A POLLING LOCATION AND TO ACCESS THEIR RIGHT TO VOTE.

SOME IMPORTANT DATES TO REMEMBER IS OCTOBER 7TH IS THE LAST DAY TO REGISTER TO VOTE. OCTOBER 25TH, YOUR MAIL BALLOT APPLICATION DEADLINE IS DUE OCTOBER 21ST. EARLY VOTING BEGINS NOVEMBER 1ST. EARLY VOTING ENDS AND NOVEMBER 5TH IS ELECTION DAY. YOU CAN GO TO VOTE. TEXAS. GOV. POWERED BY THE TEXAS SECRETARY OF STATE. TO CHECK YOUR REGISTRATION STATUS, FILL OUT A VOTER REGISTRATION FORM THAT WILL BE MAILED DIRECTLY TO YOUR HOME. CHECK POLLING LOCATIONS AND OTHER IMPORTANT INFORMATION ON ELECTIONS AND YOUR RIGHT TO VOTE. AND WE WANT TO THANK EVERYONE FOR ALLOWING US TO BE HERE TODAY, AND WE HOPE TO SEE YOU NEXT SEPTEMBER 10TH. GO VOTE. THANK YOU. THANK YOU. NEXT WE HAVE A PROCLAMATION RECOGNIZING THE BEAUMONT COMMUNITY PLAYERS ON RECEIVING THE LYNCH ORGANIZATIONAL ACHIEVEMENT AWARD, ACCEPTING WILL BE MISS JULIA RODRIGUEZ, RESOURCE DEVELOPMENT AND MARKETING DIRECTOR OF THE BEAUMONT COMMUNITY PLAYERS, AS WELL AS MR. JERRY MCMILLAN, MRS. KAY THOMAS AND MISS BEVERLY HICKMAN AND ANYBODY ELSE. OH, YES, JOHN MANFREDI. I SEE HIM OUT THERE AS WELL. SO Y'ALL ARE ALL WELCOME UP.

[00:15:10]

HERE. OH, OKAY. ARE YOU READY? ALL RIGHT. MAKE SURE EVERYBODY CAN SEE ME. OKAY. ARE Y'ALL READY? EVERYBODY LOOK HERE IN THREE, TWO, ONE. THAT'S A GOOD LOOKING BUNCH, RIGHT THERE. JUST I'M JUST GOING TO THANK YOU SO MUCH. MR. MAYOR, MEMBERS OF THE COUNCIL, THANK YOU SO MUCH FOR THIS RECOGNITION AND PROCLAMATION. RECOGNIZING BEAUMONT COMMUNITY PLAYERS FOR 100 YEARS. WE'VE BEEN AROUND FOR A LONG TIME. WE PROVIDING QUALITY FAMILY ENTERTAINMENT AND EDUCATIONAL PROGRAMING TO THE CITIZENS OF BEAUMONT AND THE SURROUNDING AREA. FOR 100 YEARS, WE'VE ENJOYED SUPPORT OF THE CITY OF BEAUMONT FOR OVER 100 YEARS. WE, OF COURSE, WOULD LIKE THAT TO CONTINUE AS WE AS WE MOVE FORWARD GOING FORWARD. BUT ALL OF THE THINGS THAT WE DO, INCLUDING THE OUR EXPANDED MISSION, WHICH WE ARE EXPANDING IN NEXT YEAR, WE WILL BECOME SOUTHEAST TEXAS STAGES TO BE INDICATIVE OF OUR LARGER MISSION AND THE MISSIONS, THE THINGS THAT WE DO OUT IN THE COMMUNITY.

NONE OF THAT WOULD BE POSSIBLE WITHOUT THE ALL THE SUPPORT AND ALL THE HELP OF ALL THE PEOPLE THAT JUST CAME UP THAT WERE JUST UP HERE WITH ME AND WE'RE GOING TO ACKNOWLEDGE THEM AND GIVE THEM A GREAT BIG ROUND OF APPLAUSE FOR THAT, BECAUSE THERE'S A. WE ENCOURAGE YOU TO COME AND SEE US. WE START A NEW SEASON IN SEPTEMBER. YOU WON'T WANT TO MISS IT. WE HAVE A LOT OF FUN THINGS GOING ON AND THE SUMMER WILL BE BACK FOR YOUR CHILDREN WITH COMMUNITY. THANK YOU AGAIN SO MUCH FOR THE RECOGNITION. AND AT THIS POINT, I UNDERSTAND THERE WERE SOME PEOPLE THAT SHOWED UP WITH THE 100 BLACK MEN OF GREATER BEAUMONT A LITTLE LATE, AND THEY WANT ANOTHER PICTURE, IS THAT CORRECT? SO Y'ALL COME ON UP. OKAY. THANK YOU ALL. RIGHT. ALL RIGHT. OKAY LET ME MAKE SURE YOU CAN SEE ME. ALL RIGHT. AND 321321.

GREAT JOB. THANK. ALL RIGHT. AND NEXT WE HAVE A PROCLAMATION. PROCLAMATION RECOGNIZING SEPTEMBER 15TH THROUGH OCTOBER 15TH AS NATIONAL HISPANIC HERITAGE MONTH. AND THAT'S ACCEPTED BY THE MAYOR AND COUNCIL AND WILL BE READ AT VIVA FEST ON SEPTEMBER 15TH, WHICH IS, RIGHT NEXT DOOR WILL BE NEXT DOOR. SO AND LASTLY, WE HAVE A COMMUNICATION UPDATE FROM THE

[RECOGNITIONS]

CITY OF BEAUMONT COMMUNICATION DEPARTMENT. GOOD AFTERNOON, EVERYONE. I WANT TO START BY SAYING THANK YOU TO ALL OF OUR HARDWORKING EMPLOYEES WHO HELP TO KEEP OUR CITY RUNNING EVERY DAY. AND WE HOPE THAT YOU ALL ENJOYED YOUR LABOR DAY. BATTER UP! REGISTRATION IS NOW OPEN FOR THE CITY'S ADULT SOFTBALL LEAGUE. THERE ARE COED AND MEN'S LEAGUES AVAILABLE. GO TO TEAM SIDELINE.COM TO SIGN UP THROUGH OCTOBER 3RD. PLAY STARTS OCTOBER 7TH. THE FOURTH ANNUAL VIVA BEAUMONT HISPANIC HERITAGE FESTIVAL IS COMING UP SUNDAY, SEPTEMBER 15TH FROM 3 TO 8 P.M.

AT THE MAIN STREET PLAZA IN DOWNTOWN BEAUMONT. ENJOY LIVE ENTERTAINMENT, FOOD TRUCKS AND FAMILY FUN. IT'S FREE AND OPEN TO THE PUBLIC, SO GRAB YOUR LAWN CHAIRS AND BLANKETS AND HELP CELEBRATE THE RICH HISPANIC HERITAGE THAT WE HAVE HERE IN SOUTHEAST TEXAS. SPARK YOUR

[00:20:02]

CHILD'S INTEREST IN NATURE. DURING THE MONTHS OF SEPTEMBER AND OCTOBER, TEXAS MASTER NATURALISTS WILL BE TEACHING KINDERGARTEN THROUGH FIFTH GRADERS ALL ABOUT BIRDS, POLLINATORS, TREES, INSECTS AND ANIMALS, AND AQUATIC LIFE THAT ARE SPECIFIC TO TEXAS. THE CLASSES ARE FREE EVERY TUESDAY FROM 4 TO 5 AT THE R.C. MILLER LIBRARY. THERE'S STILL TIME TO VOTE FOR BEAUMONT TO WIN THE 2024 SCENIC TEXAS CITY PEOPLE'S CHOICE AWARD. THE ANNUAL CONTEST RUNS THROUGH SEPTEMBER 27TH AND IS MEANT TO RECOGNIZE TEXAS COMMUNITIES THAT DEMONSTRATE A COMMITMENT TO PRESERVING AND ENHANCING THEIR NATURAL BEAUTY, SO HELP OTHERS DISCOVER THE BEAUTY WE HAVE RIGHT HERE IN SOUTHEAST TEXAS BY GOING TO SCENIC TEXAS DOT ORG AND VOTING FOR BEAUMONT. HELP KEEP TEXAS BEAUTIFUL BY JOINING IN ON OUR BIANNUAL COMMUNITY CLEANUP.

SATURDAY, SEPTEMBER 21ST FROM 9 A.M. TO 11 A.M. YOU CAN PRE-REGISTER AT. BEAUMONT, TEXAS DOT GOV SLASH CLEANUP OR SIMPLY SHOW UP ON THE 21ST AT THE JOHN PAUL DAVIS COMMUNITY CENTER ON EAST LUCAS AND BE PART OF THE GREAT AMERICAN CLEANUP. AND FINALLY, GET READY FOR THE NINTH ANNUAL OKTOBERFEST COMING UP SATURDAY, OCTOBER 5TH FROM 3 TO 8 P.M. AT ROGERS PARK. IT'S A FAMILY FAVORITE WITH POLKA AND LIVE MUSIC, LOCAL FOOD TRUCKS, A LARGE BEER GARDEN, BRING YOUR LAWN CHAIRS AND BLANKETS, ADMISSION TO THE EVENT IS FREE AND OPEN TO THE PUBLIC. AND THAT IS ALL FOR THIS WEEK'S ANNOUNCEMENTS. THANK YOU. AND FOR THOSE THAT ARE HERE FOR PROCLAMATIONS, RECOGNITIONS AND PRESENTATIONS AND YOU WOULD LIKE TO LEAVE, NOW IS THE TIME TO DO SO. THANK YOU FOR COMING. NOW IS THE TIME FOR ANY CITIZEN WHO WISHES TO SPEAK. YOU MAY

[PUBLIC COMMENT ON AGENDA/CONSENT]

MAKE PUBLIC COMMENTS ON THE CONSENT AGENDA, REGULAR AGENDA ITEMS ONE THROUGH 8 OR 16 AND 17, OR ANY OTHER TOPICS. ADAM. ITEMS NINE THROUGH 15 HAVE ALREADY BEEN HEARD IN PUBLIC HEARING. THEREFORE, CITIZENS CANNOT SPEAK ON THESE ITEMS. THE CITY CLERK WILL CALL YOUR NAME WHEN IT'S YOUR TIME TO SPEAK. WHEN YOU APPROACH THE PODIUM, PLEASE SAY YOUR ADDRESS, YOUR CITY AND STATE. YOU WILL HAVE THREE MINUTES FOR PUBLIC COMMENTS. THE GREEN LIGHT WILL COME ON WHEN YOU APPROACH THE PODIUM, AND THE RED LIGHT WILL COME ON WHEN YOUR TIME IS UP, PLEASE BE REMINDED THAT MYSELF AND THE COUNCIL CANNOT RESPOND WHENEVER YOU'RE MAKING COMMENTS, BUT SOMEONE FROM OUR OFFICE WILL CONTACT YOU, CHARLIE CRAB.

HELLO, MAYOR WEST COUNCIL, MISS WILLIAMS AND STAFF. IT'S ANOTHER, MY NAME IS CHARLIE CRAB. I LIVE AT 928 EAST DRIVE. IT'S ANOTHER NICE DAY IN BEAUMONT. OUR TOWN, SUMMER TEMPERATURE IS STARTING TO LOWER AND FALL IS IN THE AIR. WITH FOOTBALL SEASON UNDERWAY ON THE BUDGET SHORTFALL THAT I NOTICED IN THE PAPER, THE CITY SHOULD NOT PURCHASE ANY NEW VEHICLES FOR ONE YEAR, REPAIR ALL MECHANICAL EQUIPMENT TO LAST ANOTHER YEAR OR TWO. FIRE TRUCKS NEED TO BE EVALUATED AND REDESIGNED TO LOWER THE COST OF THE NEW FIRE EQUIPMENT. THE CURRENT FIRE TRUCK IS A SHOWPIECE AS WELL AS FUNCTIONING FIRE EQUIPMENT. IT WAS NICE TO READ THE SUNDAY ARTICLE IN THE NEWSPAPER THAT THE OWNER OF THE CALDER RESTAURANT IS TAKING ACTION TO ELIMINATE TROUBLEMAKERS FROM LOCAL RESTAURANTS. THERE ALSO WAS AN ARTICLE ON SONGBIRDS STARTING THEIR MIGRATION SOUTH TO WARMER CLIMATES FOR THE WINTER. WE STILL HAVE THE NORTHERN CARDINAL AND THE BLUE JAY THAT WILL WINTER HERE. BACKYARD FEEDERS, A BLACK OIL, SUNFLOWER SEEDS ARE THEIR FAVORITE FOOD. THERE WILL BE QUITE A FEW THAT WILL BE QUITE A NUMBER OF MIGRATORY WATERFOWL THAT WILL VISIT CATTAIL MARSH. THIS FALL AND WINTER. IT WILL BE A GREAT TIME TO VISIT CATTAIL MARSH DURING NOVEMBER THROUGH FEBRUARY. THE HUMMINGBIRDS WILL BE COMING THROUGH DURING SEPTEMBER AND VISITING BACKYARD SUGAR NECTAR FEEDERS AND THE UKRAINIANS HAVE SURPRISED PUTIN BY INVADING RUSSIA. I SURE HOPE THEY ARE

[00:25:07]

READY FOR PUTIN'S RETALIATION. HOPEFULLY IT WILL BRING A QUICK PEACE SETTLEMENT TO EVERYONE.

HAVE A NICE WEEK AND THANK YOU FOR LISTENING. THANK YOU SIR. I'M GOING TO SAVE MY 43 SECONDS.

AND MARGARET GOLIATH. GOOD AFTERNOON COUNCIL CITIZENS, I'VE BEEN COMING TO CITY COUNCIL MEETINGS ALL SUMMER. I'M RECENTLY A RETIRED BEAUMONT, BUSD TEACHER, AND SO I HAVE A TRUE LOVE FOR OUR COMMUNITY, I APPRECIATE TOM FLANAGAN'S INVESTMENT AND HIS INTEREST IN DOWNTOWN BEAUMONT, AS WELL AS ALL OF OUR CITIZENS INTEREST IN DOWNTOWN BEAUMONT. MY CONCERN LIES WITH PEOPLE, AS THEY COME INTO OUR CITY AND IS VIEWING. WE'RE NOT SAYING ANYTHING DIFFERENT THAN ANY OTHER CITY THAT HAS SOME DOWNTOWN ISSUES THAT THEY'RE TRYING TO IMPROVE ON. THE ONLY DIFFERENCE, NOT THE ONLY DIFFERENCE. ONE MAJOR DIFFERENCE IS THAT ACTIONS SPEAK LOUDER THAN WORDS. I APPRECIATE WHAT MR. FLANAGAN HAS BEEN DOING OR ATTEMPT TO DOING MY PROBLEM IS WE'RE NOT DOING ENOUGH TO SHOW PEOPLE THAT WE MEAN WHAT WE SAY. WE HAVE TO LOOK AT THE THINGS THAT WE'RE DOING TO ENCOURAGE PEOPLE COMING TO COME TO DOWNTOWN AND INVESTING, BUT WE'RE NOT HOLDING THEM ACCOUNTABLE FOR THEIR OBLIGATION TO THE CITY AND TO OUR CITIZENS TO FOLLOW THROUGH WITH WHAT THEY'VE SAID THAT THEY'RE GOING TO DO. I KNOW IT COSTS MONEY, BUT HE KNOWS THAT, TOO. HE KNOWS HIS INVESTMENT IS GOING TO COST MONEY. WE NEED TO REALLY THINK ABOUT WHAT WE'RE DOING AND PROVE TO THE PEOPLE THAT ARE COMING INTO OUR CITY. ACTIONS SPEAK LOUDER THAN WORDS. THANK YOU VERY MUCH FOR LISTENING. THANK YOU. AND JASON MARSHBURN. GOOD AFTERNOON. JASON MARSHBURN, 1070 MONTEREY DRIVE HERE IN BEAUMONT, TEXAS, CAME AFTERNOON TO SPEAK ABOUT NUMBER 17, ABOUT THE VACANT BUILDINGS. WE HAVEN'T REALLY DECIDED WHAT CONSTITUTED A VACANT BUILDING, WE'LL GIVE YOU SOME IDEAS, FIRST OF ALL, UNDERSTAND, SOME OF THESE BUILDINGS ARE HAVE PROPERTY TAX IN ARREARS THAT SOMEBODY TOLD ME THERE'S SEVERAL PROPERTIES THAT'S NOT CAUGHT UP IN PROPERTY TAX, WHICH I DON'T THINK IS FAIR BECAUSE I BORROW MONEY TO PAY MY PROPERTY TAXES. I HAVE A DIFFICULTY NOT PAYING MY PROPERTY TAX, BUT I SHOULD BE ABLE TO PAY, HAD TO PAY THEIR PROPERTY TAX, AND NONE OF THESE PROPERTIES SHOULD BE MORE THAN A YEAR BEHIND IN PROPERTY TAXES, ANOTHER ISSUE WOULD BE, MAKE SURE THE WINDOWS ARE BOARDED UP WHEN OR END THE WINDOWS, END OF DOORS BOARDED UP. MAKE SURE NO TRANSIENTS GET IN THERE, YOU'RE JUST INVITING PEOPLE TO COME IN YOUR BUILDING. JUST LIKE IF YOU HAVE A HOUSE AND IF YOU COME HOME, YOU'RE. YOU'RE WELCOME. MAT SLIPS UP, DOWN. OR YOU HAVE, LIKE, YOU KNOW, THE DOOR HANGERS OR THE DIFFERENT PAMPHLETS LAYING ON YOUR FRONT PORCH, YOU NEED TO MOVE THOSE BECAUSE, YOU KNOW, PEOPLE RECOGNIZE THAT AND THOSE ARE MARKS FROM BURGLARS TO CATCH YOUR HOUSE KIND OF SAME THING WITH HAVING BROKEN WINDOW. I MEAN, THAT'S YOU'RE INVITING PEOPLE TO COME IN AND TRESPASS, BASICALLY. I MEAN, YOU NEED TO SHOW THAT YOU CARE ABOUT THE PROPERTY ENOUGH TO EITHER FIX THE WINDOWS BOARDED UP AND ALSO WE NEED TO MAKE SURE THEY HAVE LIGHTING AND SECURITY CAMERAS. I MEAN, LIGHTS DETER CRIME MORE THAN ANYTHING ELSE AT NIGHT, WHEN IT'S WELL LIT AND EVERYTHING, ANOTHER ISSUE WOULD BE, WELL, I'M NOT SAYING IT SHOULD BE A LAW OR ANYTHING, BUT I THINK AIR CONDITIONING SHOULD BE REQUIRED LIVING IN A ON THE GULF COAST, WHEN YOU HAVE A BUILDING THAT'S CLOSED UP WITH NO AIR AC, YOU'RE GOING TO HAVE MOLD. WE LIVE IN A HUMID CLIMATE. THAT'S JUST THE WAY IT IS. UNLESS YOU HAVE A WELL VENTILATED AREA. ANOTHER ISSUE I KNOW SOME OF THESE BUILDINGS THAT ARE OPERATING HAVE BROKEN ELEVATORS, AND THEY WILL REPAIR

[00:30:01]

THEM IN A TIMELY MANNER. SO THAT'S AN ADA REQUIREMENT TO HAVE AN ELEVATOR. YOU LEAVING YOUR CLIENTS WHO ARE YOUR TENANTS TO HAVE ADA ISSUES WITH THEIR CLIENTS AND THEY CAN'T GET, YOU KNOW, SO ELEVATOR AC, AIR CONDITIONING, VENTILATION, SECURITY CAMERAS, LIGHTING, WORKING ELEVATORS, IF IT'S A MULTI-STORY BUILDING, MAKE SURE IT'S ADA COMPATIBLE, THESE ARE THINGS THAT SHOULD BE MORE OR LESS REQUIRED, IN ANY BUILDING DOWNTOWN. AND THAT'S WHAT THIS IS MY BELIEFS. ALL RIGHT. THANK YOU. THANK YOU, GERALD SMITH, SENIOR.

HONOR. TO WHOM? HONOR IS DUE ON TODAY. I COME TO MAKE PUBLIC COMMENT CONCERNING SOMETHING THAT IS SOMEWHAT OF A LIABILITY OR A DISADVANTAGE TO BEAUMONT. I'M TALKING ABOUT THE DIMINISHING ECONOMICS AS WELL AS THE STATUS OF DISADVANTAGED LIVING OCCUPANCY IN PARTICULARLY WARD THREE AND WARD FOUR. I BELIEVE THAT IT'S INAPPLICABLE AND VISIONARY TO HIGHLIGHT THE DEFINITIVE SUMMARY AND PERSPECTIVE ABOUT OUR MUNICIPAL WARDS. WE BELIEVE THAT EACH WARD COUNCIL MEMBERS SHOULD HAVE OVERSIGHT OF THEIR PROSPECTIVE WARD, INCLUDING BUT NOT LIMITED TO, THE ESTHETICS, SAFETY, CLEAN CONDITIONS, OPTIMAL WATER AND SEWAGE INFRASTRUCTURE, ECONOMIC IMPACT INITIATIVES AND DEVELOPMENT, THE DISADVANTAGED, ESTHETICS, SAFETY CONCERN AND DIMINISHING ECONOMICS SHOULD NEVER BECOME DETERRENTS OR DETRIMENTAL BLOCKAGES TO MAINTAINING A THRIVING WARD COMMUNITY AND CITY. THIS SHOULD BE A CONCERTED EFFORT OF RESEARCH DISCOVERIES, SUBSTANTIAL INITIATIVES AND ONGOING STRATEGIC DEVELOPMENT PLANNING. WITHIN EACH WARD, WE OFFER SOLUTIONS TO CONSIDER THE DISCOVERY OF ECONOMIC DEVELOPMENT, COMMERCE HUBS WITHIN EACH WARD THROUGH FUNDING GRANTS, FEDERAL AND STATE PRIVATE INVESTMENT AND MUNICIPALITY TAX ABATEMENT INCENTIVES, AND THE COMMUNITY DEVELOPMENT BLOCK GRANTS. WITH MULTIPLE EDC H'S PLANTED WITHIN THESE WARDS. THE EXECUTION OF BUILDING NEW AFFORDABLE HOMES AND LEAN REHAB PROGRAMS AROUND THESE HUBS. ONGOING COLLABORATIONS WITH PLANNING AND ZONING UNDERGIRDING AND PLANNING COMMUNITY DEVELOPMENT. WE COULD BECOME WITNESSING WITNESSES OF REVITALIZATION WITHIN OUR COMMUNITY. THIS IS A SYNERGISTIC MINDSET AND MAPPING TO BECOME A VALUABLE SPORE THAT CREATE CONTINUAL GROWTH FOR OUR MUNICIPALITY. WE'RE SIMPLY MUST DESIST FROM NEGATIVE AND NON CONTRIBUTIVE VERBOSITY. ASPIRING A SYMPHONY OF POSITIVE BUILDING, POSITIVE LANGUAGE AND INITIALIZE AND FUELING, PROPELLING ACHIEVEMENTS FOR THIS CITY. IT IS IMPERATIVE AND DILIGENT WORK OF THE GATEKEEPERS OF FOUR WARDS INTERCONNECTED PLANNING, DEVELOPMENT, CITYWIDE, COHERENT COLLABORATIVES THAT CAN PRODUCE AND MANIFEST A SPIRIT OF BEAUMONT PROUD WITH UNITY AND COMMUNITY, AND THE ARTERY MOVEMENT OF INTERSECTIONS OF INTERSTATE TEN. HIGHWAY 69, HIGHWAY 105, CORRIDORS. WE CAN BENEFIT WITH PROSPERITY AS THE BEST SIDE OF TEXAS. THANK YOU. THANK YOU SIR AND MARIO. AND I THINK THAT'S ZAMUDIO. I'M NOT SURE. JUST. I'LL JUST PASS HIM DOWN.

OKAY THANK YOU. AND I BELIEVE WE HAVE ENOUGH FOR EVERYONE. GUYS THANK YOU SO MUCH. THANK YOU FOR THIS OPPORTUNITY. STEPHANIE, MY NAME IS MARIO GODOY FROM SUPERNATURAL BAKERY, AND WE HAVE AN INVITATION FOR YOU. THANK YOU FOR. THANK YOU, MAYOR. FOR THE LAST TIME YOU WAS WITH ME IN THE, FESTIVAL DIA DE LOS MUERTOS. THANK YOU FOR YOUR SUPPORT. I WISH YOU CAN PUT SOME MONEY IN THIS EVENT, BECAUSE THIS IS FOR, FOR THIS CITY IS TO PROMOTE THE MEXICAN HERITAGE, BUT ESPECIALLY TO MAKE, MORE EVENTS FOR THIS CITY. THANK YOU FOR THIS OPPORTUNITY. THANK YOU.

[00:35:03]

SIR I AM STEPHANIE HUERTA. I AM THE CHAIRPERSON THAT IS ASSISTING MARIO, WHO IS COMPLETELY FUNDED THIS. FOR THE LAST FOUR YEARS, WE'VE WELCOMED A FEW OF NEW SPONSORS. MADISON ON DOWLEN IS ONE OF OUR NEWEST SPONSORS, THE TOWER OF BEAUMONT IS ONE OF OUR SPONSORS, WHICH ALLOWS US TO USE THE PARKING LOT, WE HAVE ON FRIDAY. OH, NO. THURSDAY, HALLOWEEN. WE ARE DOING A COMMUNITY OUTREACH, WHICH IS A MOVIE COOKIE DECORATING. WE HAVE MARIACHI COME OUT ON FRIDAY. WE ARE HAVING OUR ADULTS ONLY PARTY THAT EVERYONE IS WELCOME TO ATTEND WITH SALSA DANCING. MARIACHI AS WELL. AND THEN ON SATURDAY IS A FULL DAY FESTIVAL THAT STARTS AT 11 A.M, WHICH MR. WEST ATTENDED LAST TIME FOR OUR BLESSING AND OUR COMMUNITY OUTREACH, WE DO AN OFRENDA. IF YOU'RE NOT FAMILIAR WITH THE TRADITION, WHICH IS TO HONOR OUR LOVED ONES WHO HAVE PASSED AND IT'S VERY IT'S BEEN IT'S BEEN GREAT TO OFFER THIS TO OUR COMMUNITY, WE HAD A FAMILY FROM WISCONSIN WHO RECENTLY MOVED DOWN HERE WHO JUST KIND OF WALKED IN ON HER, EVENT LAST YEAR AND ATTENDED ALL THREE DAYS AND TOLD US HOW GLORIOUS IT WAS.

SO WE'VE HAD SO MANY PEOPLE JUST RESPOND, THIS IS OUR FOURTH YEAR AND IT'S GETTING BIGGER, AND WE THANK YOU FOR THE OPPORTUNITY OF YOUR SUPPORT. SO THANK YOU. THANK YOU. YES, THANK. IS THERE ANYONE THAT SIGNED UP TO SPEAK WHOSE NAME I DID NOT CALL? THAT'S ALL I HAVE, MAYOR. ALL

[CONSENT AGENDA]

RIGHT. THANK YOU EVERYBODY. IS THERE A MOTION AND A SECOND FOR APPROVAL OF THE CONSENT AGENDA? THE SECOND. YEAH, THERE IS A MOTION AND A SECOND FOR APPROVAL OF THE CONSENT AGENDA. IS THERE ANY DISCUSSION? COUNCILMAN GOETZ AND COUNCILMAN TURNER, BART, THE TOW TRUCK, PROVISION ON THE CONSENT AGENDA. THERE WAS A LOT OF, REQUESTS THAT WERE SENT OUT TO THE VARIOUS VENDORS, BUT I THINK ONLY ONE RESPONDED ON THAT. IS THAT BECAUSE OF THE LANGUAGE IN OUR REQUEST, OR IS IT, THAT JUST, THAT'S THE ONLY COMPANY THAT HAD THE EQUIPMENT TO HANDLE THE TYPES OF TOWING THAT WE NEED? WHAT'S THE STORY BEHIND THAT? THEY'RE NOT THE ONLY TOWING COMPANY THAT COULD DO IT, BUT THEY'RE THE ONLY ONES WHO RESPONDED TO THE BID. BID REQUEST. DO WE HAVE ANY IDEA WHY IT'S SUCH A LARGE PERCENTAGE INCREASE IN THEIR COST? THEY JUST SAID THEIR COSTS WERE GOING UP. THERE'S LIKE 47% INCREASE. IT WAS BIG. YES, SIR. OKAY COUNCILMAN TURNER. YEAH MR. MANAGER, ITEM J WAS AN ISSUE FOR ME AS WELL TO SEE ONE BIDDER AND A 46% INCREASE. I KIND OF WANTED TO KNOW IF, YOU KNOW, IF THAT WAS FEASIBLE, IF IT WAS A NEED TO GO OUT. HOW DO WE REACH OUT TO VENDORS? LIKE, HOW DO WE GO ABOUT THAT WITH THIS INCREASE? IT'S ALMOST 50%. WE DID NOTIFY 70 VENDORS VIA EMAIL AS WELL AS ADVERTISING ON THE WEB PAGE AND IN THE LOCAL NEWSPAPER. SO WE DID MAKE A CONCERTED EFFORT TO GET THE WORD OUT, AND HAVE WE DONE A SCRUB ON OUR VENDOR LIST TO SEE IF MOST OF THESE VENDORS ARE STILL UTILIZING THE SAME INFORMATION, OR ARE THEY STILL ACCURATE, OR ARE THESE NUMBERS STILL VALID? AS FAR AS WE KNOW, IT'S ACCURATE. YES, SIR. YEAH.

MR. MANAGER, IF WE CAN, LOOK TO DO SOME FORM OF A SCRUB TO MAKE SURE, ESPECIALLY IN INSTANCES LIKE THIS WHERE WE'RE KIND OF STUCK WITH A 50% INCREASE IN ONLY ONE VENDOR ACTUALLY RESPONDING. COUNCILMAN GOETZ. YEAH. AND COUNCILMAN DARIO, I HAD TWO MORE. GO AHEAD. BUT WE ON THIS TOPIC, SO. YEAH, MY OTHER ONE WAS ON THIS TOPIC. NO, IT'S ON THIS TOPIC. THE BID WAS FOR $100,000. NOW, WE OF COURSE, DON'T HAVE ANY IDEA IN ADVANCE OF HOW MUCH WE'RE GOING TO SPEND ON THESE TYPES OF SERVICES. IS THAT JUST AN ESTIMATE BASED ON PAST SERVICES THAT WE'VE DONE OR THE AVERAGE, AMOUNT WE'VE SPENT OVER THE LAST 11 YEARS WAS $43,130. IF THAT CONTINUES FORWARD AND WE DO THE AVERAGE, THIS YEAR, THAT MEANS THAT WITH THIS INCREASE, WE'D SPEND $62,780 THIS YEAR FOR TOWING. SO SO WHY WAS IT $100,000 LISTED? WELL, WE GIVE ESTIMATES WITHIN THE WITHIN THE BID PACKAGE AND THEN THEY BID OFF THAT. BUT I'M JUST GOING OFF WHAT WE ACTUALLY USED. I'M I REALLY LIKE COUNCILMAN TURNER. I'M REALLY NOT COMFORTABLE WITH, JUST THIS

[00:40:02]

THIS WAY. THIS WENT OUT AND WITH ONLY ONE RESPONSE AND THAT TYPE OF AN INCREASE IS IT IS THIS PARTICULAR ONE TIME SENSITIVE? DO WE HAVE TO HAVE THAT CONTRACT IN PLACE, DOES THAT CONTRACT EXPIRE AT ANY TIME THAT WE CURRENTLY HAVE? I DON'T KNOW, IS TERRY WELCH IN THERE? NO, I DON'T SEE HIM. A LOT OF THESE QUESTIONS ARE PURCHASING QUESTIONS, BART IS DOING HIS BEST TO ANSWER IT, TYPICALLY WITH THE CONTRACT. HOW WE NORMALLY DO FOR THESE TYPE OF BIDS, WE AFTER WE'VE EXTENDED ALL OF OUR RENEWALS, WE TYPICALLY GO OUT FOR BID AGAIN, ON THE CONTRACT. SO THE CONTRACT IS EITHER CLOSE TO EXPIRING OR HAS EXPIRED. YOU KNOW, I, I'D LIKE TO MAKE A MOTION TO PASS THE CONSENT AGENDA. WITH THE EXCEPTION OF THIS PARTICULAR ITEM AND, TABLE THAT FOR A COUPLE OF WEEKS AND COME BACK WITH SOME ADDITIONAL INFORMATION FROM PURCHASING. SECOND. YEAH OKAY. THERE IS A MOTION AND A SECOND TO REMOVE AGENDA ITEM J FROM THE CONSENT AGENDA, ANY OTHER DISCUSSION? YEAH. I HAD, SOME OTHER TOPICS ON ITEM D. DO WE NEED TO VOTE ON THIS FIRST? WE'RE JUST GOING TO WE WERE JUST DOING J. OKAY. JUST WANT JUST A BIT OF CLARITY, MAYOR. OKAY. COME BACK WITH THIS INFORMATION. BUT IF WE CAN SEE WHERE WE CAN REBID THIS AGAIN, IT MIGHT BE MORE ADVANTAGEOUS IF WE HAVE THE TIME TO DO IT RATHER THAN COMING BACK WITH INFORMATION. SO IF YOU GIVE US THE ABILITY TO DO THAT, IT MIGHT BE BENEFICIAL FOR THE CITY. I'LL AMEND MY MOTION SO THAT WE CAN ALLOW STAFF TO COME BACK WHEN THEY'RE READY AND HAVE INFORMATION THAT THEY CAN PRESENT TO US, AND THEY CAN TELL US WHEN THAT IS. I THINK I THINK WHAT THE CITY MANAGER WAS, WAS IMPLYING, THOUGH, IS THAT YOU WOULD NEED TO CONSIDER THE ITEM AND REJECT THE BID FOR US TO GO BACK OUT. YES, I WOULD LIKE THE OPPORTUNITY TO REBUILD IT IF WE PUT OUT SEVEN AND GOT ONE, IT MIGHT BE MORE ADVANTAGEOUS FOR US TO REBID THIS ITEM AGAIN.

I'LL AMEND MY MOTION TO REJECT THE BID. SECOND, SO I'M SORRY, ARE YOU VOTING JUST FOR CLARITY SAKE, ARE WE VOTING SPECIFICALLY ON ITEM J AND NOT THE ENTIRETY OF THE CONSENT AGENDA? OKAY YES.

ALL RIGHT. ANY OTHER DISCUSSION ABOUT DECLINING ITEM J? WAS THERE A SECOND TO THE AMENDMENT OF THE BID? YES OKAY. IF NOT ALL THOSE IN FAVOR OF DENYING J, PLEASE SIGNIFY BY SAYING AYE.

AYE. ANY OPPOSED? THE MOTION IS CARRIED. NOW, COUNCILMAN TURNER, YOU HAD ANOTHER. YES, SIR. I SEEN ON ITEM D WE WERE EXTENDING THE CONTRACT FOR FIVE YEARS WITH THE FUTURE'S PROGRAM. ONCE WE LOCK IN FOR FIVE YEARS, MY CONCERN IS WE'RE EXTENDING IT TO FIVE YEARS. WHAT ARE WE LOOKING AT IN FIVE YEARS? AS FAR AS COST, I GET WE'RE GETTING A DISCOUNT NOW. BUT MY CONCERN IS, AFTER FIVE YEARS, WE'LL BE INVESTING IN THE PROGRAM AND PRETTY MUCH DEPENDENT ON IT. AND THAT COST CAN GET OUTRAGEOUS. AND WHAT WE'LL BE STUCK WITH THAT NUMBER. WE WOULD BE AT THAT POINT ANYWAY, AT THE TIME OUR CONTRACT IS UP BECAUSE THEY'RE GOING TO CONTINUE. USUALLY IT'S ANY IT'S GENERALLY A 5% INCREASE FOR SOFTWARE YEAR OVER YEAR. SO, WHAT WE'RE DOING NOW IS SAVING THAT MONEY NOW ACROSS THE NEXT FIVE YEARS. AND THEN WHEN WE ARE CONTRACT RENEWS IT WILL BE AT THE CURRENT PRICE OF THE SOFTWARE. SO YOU'RE SAVING WHAT YOU HAVE FOR THE FIVE YEARS AND THEN YOU'RE GOING TO END UP. WHEREAS IF WE DID NOT DO THE CONTRACT OR EXTEND THE CONTRACT, THEN WE WOULD BE STEPPING UP EVERY YEAR AND PAYING MORE EVERY YEAR UNTIL WE GOT TO THAT POINT.

I UNDERSTAND THAT, BUT IS IT IS IT A CAP WITH THIS PROGRAM OR WILL IT CAN WE WILL WE CONTINUE TO SEE AN INCREASE? I'M JUST KIND OF CONCERNED. LIKE ANY OTHER SOFTWARE, IT WILL CONTINUE TO INCREASE YEAR OVER YEAR. YEAH. THAT'S JUST LIKE WHAT WE TALK ABOUT THE BUDGET AND REVENUE AND THINGS OF THAT MAGNITUDE. I JUST WANT TO BRING THAT TO EVERYONE'S ATTENTION THAT WE'RE GOING TO LOOK AT THAT INCREASE EVERY YEAR. SO THAT WAS A CONCERN OF MINE TO SEE IF IT WAS A WAY AROUND IT. BUT I UNDERSTAND THAT'S THE WAY IT TYPICALLY WORKS. SO WE HAVE ANY SOFTWARE IS GOING TO INCREASE IT ABOUT 5% EVERY YEAR. OKAY. THANK YOU. AND MY LAST QUESTION WAS ON ITEM NUMBER. IT WAS A BEAUTIFICATION PROGRAM. CAN SOMEONE FROM STAFF PRETTY MUCH EXPLAIN EXACTLY WHAT THIS CONSISTS OF AND WHAT IT ENTAILS? TEX. DOT REACHED OUT TO US, THE, BEAUMONT EMERGENCY HOSPITAL OR BEAUMONT ELITE EMERGENCY CENTER WAS LOOKING TO DO SOME

[00:45:01]

BEAUTIFICATION IMPROVEMENTS ON THE CORNER. TEX DOT WAS IN AGREEMENT WITH IT, BUT THE WAY THAT THEY WANTED TO DO THAT WAS FOR US TO ENTER INTO AN AGREEMENT WITH THE HOSPITAL SPECIFICALLY FOR THOSE UNIQUE TERMS. AND THEN WE'LL COME BACK TO YOU AND WE'LL MODIFY OUR MAINTENANCE AGREEMENT WITH TXDOT TO ACCOMMODATE THIS AFTERWARDS. SO THAT WILL MAINTAIN OUR INTERACTION WITH TXDOT. AND IT'LL JUST PUT A SUBSIDIARY TO THE BEAUMONT HOSPITAL. THERE'S NO, THERE'S NO BURDEN UPON THE CITY IN TERMS OF COSTS OR ANYTHING ON THIS. THIS IS JUST US HELPING OUT TXDOT WITH THE WAY TO PUT THE AGREEMENT IN PLACE. OKAY. APPRECIATE YOU.

BOY. WE CAN CHECK INTO IT. I KNOW TEXDOT WAS TALKING ABOUT THAT ONE TIME FEE TO CLEAN EVERYTHING ON THE SIDE OF THE FREEWAY FROM THE MEETING WE HAD PREVIOUSLY, AND IF WE CAN SEE IF THEY'RE WILLING TO GIVE US AN INCREASE ON, FREEWAY MAINTENANCE, THAT WOULD BE GREATLY APPRECIATED. DON'T HURT TO ASK. COUNCILMAN DARIA. YEAH JUST TWO ITEMS UNDER, ITEM I, THE, ENTITY SOUTHEAST TEXAS ENERGY PLAN. STEP AHEAD. PLAN. WOULD THAT, WOULD THE CUSTOMERS SEE AN INCREASE IN THEIR BILL TO FUND THIS PLAN? SO, NO, REACHED OUT TO OUR UTILITY COUNCIL ON THIS AND THIS. YOUR SUPPORT FOR THIS ITEM WOULD NOT IMPACT. WE'VE ESSENTIALLY ALREADY REACHED AN AGREEMENT. SO THERE'S NOTHING DIFFERENT TO WHAT WE'VE ALREADY KIND OF PUT IN PLACE PREVIOUSLY, WHEN COUNCIL VOTED TO REJECT THE ORDINANCE SO THAT WE CAN GO NEGOTIATE RATES SO WE'RE PRETTY MUCH AT THE FINISH LINE AS IT RELATES TO THE SETTLEMENT ON THAT. SO THERE WON'T BE ANY ANY ADDITIONAL INCREASE OTHER THAN WHAT WE DISCUSSED PREVIOUSLY. OKAY.

THANK YOU. ALSO ON ITEM L, THANK YOU, BART, FOR GETTING THAT, SCHOOL ZONE. BUT ALSO WOULD LIKE TO LOOK INTO MAYBE EXTENDING IT A LITTLE FURTHER BECAUSE I THINK I TOLD YOU THAT BEAUMONT UNITED'S HAS A SARAH STREET EXI. ALSO, THEIR KIDS COME OUT AND WALK INTO THE NEIGHBORHOOD ON THAT BACKSIDE. LIKE FROM THAT EXIT ALL THE WAY DOWN TO FOURTH STREET AND ALL THE WAY UP TO MAYBE THE LIBRARY, WHICH SOME OF IT IS GOING TO BE COVERED BY THE NEW, SCHOOL ZONE. BUT ALSO LOOK ON THE OTHER SIDE, GOING TOWARDS FOURTH STREET, TOWARDS THE LIBRARY WILL BE COVERED UNDER THIS ONE. WE ARE LOOKING AT THAT EXIT, THAT BACK EXIT FROM BEAUMONT UNITED, AND WE'RE GOING TO STUDY THE TRAFFIC OFF OF THAT AND THEN MAKE A RECOMMENDATION. ALL RIGHT. THANK YOU. YES SIR.

ANY OTHER QUESTIONS? ALL RIGHT. ALL THOSE IN FAVOR OF APPROVING THE CONSENT AGENDA MINUS ITEM J, WHICH WAS DECLINED. DENIED, PLEASE SIGNIFY BY SAYING AYE. ANY OPPOSED? THE MOTION IS CARRIED. YEAH, YEAH. AND THANK YOU, MAYOR AMES, FOR BEING HERE TODAY, MR. CITY MANAGER. THANK

[REGULAR AGENDA]

YOU. MAYOR, COUNCIL. ITEM ONE. COUNCIL, CONSIDER A RESOLUTION AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT TO PRO PIPE, INC. OF IRVINE, CALIFORNIA, FOR THE SANITARY SEWER EVACUATION WORK ORDER CONTRACT PHASE FIVE. AND IT COMES WITH THE RECOMMENDATION OF APPROVAL OF THE RESOLUTION. IS THERE A MOTION FOR ITEM NUMBER ONE? SECOND. ALL RIGHT. THERE IS A MOTION AND A SECOND FOR APPROVAL OF ITEM NUMBER ONE. IS THERE ANY DISCUSSION, ALL THOSE IN FAVOR OF APPROVING ITEM NUMBER ONE, PLEASE SIGNIFY BY SAYING AYE. AYE. ANY OPPOSED? THE MOTION IS CARRIED. MR. CITY MANAGER, MAY WE HAVE THE READING OF ITEM NUMBER TWO, PLEASE? COUNCIL, CONSIDER A RESOLUTION AUTHORIZING CLEANING AND DISINFECTION OF THE PINE SWEEP.

WEST CLEARWELL STORAGE TANK BY UTILITY SERVICES COMPANY, INC, OF PERRY, GEORGIA. AND IT COMES WITH THE RECOMMENDATION OF APPROVAL OF THE RESOLUTION. IS THERE A MOTION FOR ITEM NUMBER TWO? SO SECOND, IT'S BEEN MOVED AND SECONDED FOR APPROVAL OF ITEM NUMBER TWO. IS THERE ANY DISCUSSION, ALL THOSE IN FAVOR OF APPROVING ITEM NUMBER TWO? PLEASE SIGNIFY BY SAYING AYE.

AYE. ANY OPPOSED? THE MOTION IS CARRIED. MR. CITY MANAGER, MAY WE HAVE THE READING OF ITEM NUMBER THREE? COUNCIL, CONSIDER RESOLUTION AUTHORIZING TWO EMERGENCY REPAIRS OF AN EIGHT INCH SANITARY SEWER MAIN ON HIGH POINT AVENUE THAT COMES WITH THE RECOMMENDATION OF APPROVAL OF RESOLUTION. IS THERE A MOTION FOR ITEM NUMBER THREE MOVED TO APPROVE? SECOND, THERE IS A MOTION AND A SECOND FOR APPROVAL OF ITEM NUMBER THREE. IS THERE ANY DISCUSSION? ALL THOSE IN

[00:50:05]

FAVOR OF APPROVING ITEM NUMBER THREE? PLEASE SIGNIFY BY SAYING AYE. AYE. ANY OPPOSED? THE MOTION IS CARRIED. MR. CITY MANAGER, MAY WE PLEASE HAVE THE READING OF ITEM NUMBER FOUR? COUNCIL, CONSIDER RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE. CHANGE ORDER NUMBER FIVE TO THE CONTRACT WITH ALCO, LLC OF BEAUMONT FOR THE 48 INCH PINE STREET RAW WATER LINE PROJECT THAT COMES WITH THE RECOMMENDATION OF APPROVAL. IS THERE A MOTION FOR ITEM NUMBER FOUR MOVED TO APPROVE? SECOND, THERE IS A MOTION AND A SECOND FOR APPROVAL OF ITEM NUMBER FOUR. IS THERE ANY DISCUSSION, COUNCILMAN TURNER? YES, SIR. MAYOR I HAVE TO EXPRESS TO STAFF JUST THE CONCERN WITH THE AMOUNT AND THE CHANGE ORDERS, I KNOW WE BUDGETED FOR THESE PROJECTS.

THIS AMOUNT THAT WE BUDGETED FOR THESE TYPE OF ADDITIONAL CHANGES, OR IT KIND OF CAUGHT US OFF GUARD BECAUSE IT'S UNFORESEEN. SO THIS THIS CHANGE ORDER, CHANGE ORDER NUMBER FIVE, THERE ARE THREE DIFFERENT STORM DRAINS THAT RUN UNDER PINE STREET. THERE'S ONE AT MANNING, THERE'S ONE AT LITHIA. AND THERE'S ONE AT LIVE OAK. SO AT MANNING STREET, WHAT WE THOUGHT FROM THE PLANS WAS A 36 INCH STORM LINE ACTUALLY TURNED OUT TO BE A TEN BY FIVE FOOT CONCRETE BOX, THERE'S NO INTERSECTION. THERE'S NO BOX IN THE INTERSECTION ITSELF FOR A MANHOLE. THERE SO DIDN'T FIND OUT UNTIL WE UNCOVERED IT. BOX WAS INSTALLED BY DIDI SIX, THE LEVEE AT LITHIA. THERE WAS A 48 INCH STORM LINE ON THE PLANS THAT ACTUALLY TURNED OUT TO BE TWO 42 INCH LINES, WHICH WAS DIFFERENT THAN THAN WHAT WAS RECORDED. AND THEN THE DEPTH OF THE LINE AT LIVE OAK WAS NOT WHERE IT WAS INTENDED TO BE. BASED ON THOSE PLANS. SO, THERE'S ONLY TWO CHOICES TO DEAL WITH THIS, SINCE THESE LINES ARE ON GRADE AND YOU CAN'T CHANGE THE ELEVATION OF THEM, YOU CAN EITHER BUILD A CONFLICT BOX AT EVERY SINGLE INTERSECTION, BUT WE'RE TALKING ABOUT A 48 INCH RAW WATER LINE. SO IT'S A BIG, BIG LINE THAT GOES THROUGH THERE. SO THE ONLY REASONABLE, MODIFICATION TO ENABLE THE PROJECT TO GO FORWARD AND THE STORM DRAIN LINES TO, TO KEEP DRAINING THE WAY THEY SHOULD, IS TO MODIFY THE DEPTH OF THE 48 INCH LINE AND GO LOWER THAN WHAT WAS ORIGINALLY PLANNED FOR THIS LOCATION. AND IT IS A IT IS A LONG, COMPLEX PROJECT THAT GOES ALL THE WAY DOWN PINE STREET. SO WHENEVER YOU EXCAVATE IN THESE SITUATIONS, YOU DO FIND THINGS THAT WEREN'T ACCORDING TO WHAT THE ACTUAL PLAN SHOWED, AND YOU HAVE TO MAKE MODIFICATIONS AT THAT POINT, WE ARE UNDER THE AMOUNT ON THIS PROJECT BECAUSE WE DID VALUE ENGINEER THE MATERIAL ON THE PIPELINE WITH CHANGE ORDER NUMBER ONE. SO EVEN WITH THESE, WE'RE UNDER THE ORIGINAL AMOUNT. OKAY. YEAH. NOW I SEE WHAT YOU'RE SAYING. IT READS THAT IT SHOWS THE AMOUNT WE BUDGETED AND WE ARE UNDER THE AMOUNT. THAT'S JUST ONE ONE THING BECAUSE OF THAT LARGE VALUE ENGINEERING PIECE AT THE BEGINNING OF THIS ONE. YES, SIR.

THANK YOU. ANY OTHER QUESTIONS? ALL RIGHT. ALL IN FAVOR OF APPROVING ITEM NUMBER FOUR, PLEASE SIGNIFY BY SAYING AYE. AYE ANY OPPOSED? THE MOTION IS CARRIED. THANK YOU, MR. CITY MANAGER. MAY WE HAVE THE READING OF ITEM NUMBER FIVE, PLEASE? THANK YOU. MAYOR, COUNCIL, CONSIDER A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE. CHANGE ORDER. ORDER NUMBER TEN TO THE CONTRACT WITH ALCO, LLC OF BEAUMONT FOR THE COLLIERS FERRY PUMP STATION PROJECT. THAT COMES WITH THE RECOMMENDATION OF APPROVAL OF THE RESOLUTION. IS THERE A MOTION FOR ITEM NUMBER FIVE MOVED TO APPROVE? IS THERE A SECOND? SECOND THERE IS A MOTION AND A SECOND FOR APPROVAL OF ITEM NUMBER FIVE. IS THERE ANY DISCUSSION? COUNCILMAN TURNER, THIS PARTICULAR ONE DOES RAISE MY EYEBROWS BECAUSE IT LOOKED LIKE WE'RE NOW OVER WHAT WAS BUDGETED FOR THIS PROJECT BACK IN 2022. YES SIR. THERE'S BEEN A NUMBER OF CHANGE ORDERS ON THIS.

AGAIN THIS IS A LARGER, COMPLEX PROJECT. IT'S A $25 MILLION PUMP STATION AT COLLIER'S FERRY. THIS LAST CHANGE ORDER IS DUE TO THE RAW WATER LINE. WE SUPPLY RAW WATER TO THE BEAUMONT COUNTRY CLUB. UNFORTUNATELY THERE WERE NO PLANS THAT SHOWED WHERE THAT RAW WATER LINE RAN THROUGH

[00:55:01]

COLLIER'S FERRY PARK. IT ACTUALLY GOT PUT IN PLACE PRIOR TO THE PARK BEING CONSTRUCTED.

WE DID FIND PARK CONSTRUCTION PLANS THAT INDICATED TWO DIFFERENT POTENTIAL ROUTES FOR THE LINE, WE ACTUALLY ENDED UP HAVING TO DO EXTENSIVE POTHOLING OR HYDRO EXCAVATING IN ORDER TO FIND THE LINE WHICH WAS RUNNING IN NEITHER OF THE TWO LOCATIONS THAT WERE SHOWN ON THOSE CARS.

FERRY PARK PLANS. SO ONCE WE FOUND THE LOCATION OF THE LINE, WE KNOW NOW THAT IT'S GOT TO BE SHIFTED IN ORDER TO FINISH THE CONSTRUCTION OF THAT NEW PUMP STATION. SO THIS CHANGE ORDER IS TO SHIFT THAT LINE, PRESERVE THE ABILITY TO PROVIDE THAT IRRIGATION WATER TO THE COUNTRY CLUB, BUT THEN BE ABLE TO MOVE FORWARD WITH THE PUMP STATION. AND I SEE IT WAS FUNDED FROM CEO'S AND FEMA. DO WE KNOW HOW MUCH WAS FROM IDA OR. WE'RE AT TWO AND A HALF, TWO AND A HALF OR 2.25% PARTICIPATION. THIS IS A HARVEY PROJECT IN THE STATE, KICKED IN, I THINK SEVEN AND A HALF ON THE MATCH. SO IT'S 90 FEMA THEN SEVEN AND A HALF STATE, TWO AND A HALF CITY.

YEAH, JUST MY CONCERN ABOUT WHERE ARE WE AT AS FAR AS COMPLETION WITH US BEING THAT TIGHT WITH THE BUDGET, ARE WE KIND OF ALMOST TO THE FINISH LINE OR CAN WE BOTH THIS AND THE RAW WATER LINE WILL BE AT PROBABLY THE END OF THE FIRST QUARTER OF 2025, MAYBE A LITTLE LATER. SO IT'LL BE SPRING TO EARLY SUMMER, IS THE WAY IT'S LOOKING NOW PROBABLY APRIL. IS THE CURRENT TIMELINE JUST A LITTLE CONCERNED ABOUT THIS ONE? BECAUSE WHERE WE AT WITH THE BUDGET? I SAW? YES, SIR. THERE HAVE BEEN A NUMBER OF THEM, BUT WE HAVE CAREFULLY LOOKED AT EACH ONE AND MADE SURE THAT THAT IT WAS WHAT WAS NECESSARY TO GET THE PROJECT DONE. THANK YOU.

COUNCILMAN GOETZ. ALL RIGHT. WHEN WE LOOK AT THE PRIOR PLANS, ARE THESE PLANS THAT CARRY AN ENGINEER'S SEAL OR CERTIFICATE ON THEM? IF YOU HAVE THE PLANS FOR THE PREVIOUS PROJECT. BUT A LOT OF TIMES, WHAT WE HAVE IS THE PROPOSED PLANS FOR SOMETHING IF WE HAVE THEM. IN THE INSTANCE OF COLLIERS FERRY PARK. BUT WHAT WE LACK A LOT OF TIMES ARE TRUE AS BUILT PLANS THAT WILL SHOW YOU WHAT HAPPENED. THAT WAS ACTUALLY CONSTRUCTED. SO THEN WHEN YOU GET DOWN TO THINGS LIKE UNDER WATER LINE OR UNDERGROUND LINES, THEY THEY FREQUENTLY TEND TO NOT BE EXACTLY WHERE THEY'RE SUPPOSED TO BE ACCORDING TO THOSE PLANS. THAT'S A LITTLE BAFFLING TO ME. I MEAN, I DON'T KNOW HOW THEY DID IT IN THE PAST. I TAKE IT WE DON'T DO IT THAT WAY. NOW THAT WE ARE TRYING VERY HARD TO HAVE AS BUILT PLANS RECORDED FOR OUR, OUR FUTURE SUCCESSORS DOWN THE LINE. BUT IT'S NOT ALWAYS THAT EASY TO FIND, ESPECIALLY WHEN IT GOES WAY BACK IN TIME. SO THANK YOU.

ALL THOSE IN FAVOR OF APPROVING ITEM NUMBER FIVE, PLEASE SIGNIFY BY SAYING AYE. AYE. ANY OPPOSED? THE MOTION IS CARRIED. MR. CITY MANAGER, MAY WE HAVE THE READING OF ITEM NUMBER SIX? COUNCIL CONSIDER AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH KCG PRADO PLACE, L.P. FOR ECONOMIC DEVELOPMENT INCENTIVES UNDER THE NEIGHBORHOOD EMPOWERMENT ZONE PROGRAM FOR THE DEVELOPMENT OF A 56 UNIT APARTMENT COMPLEX AT 415 SOUTH 11TH STREET AND THE FOLLOWING INCENTIVES ARE INCLUDED. ONE A POSSIBLE SEVEN YEAR, 100,000 MUNICIPAL TAX ABATEMENT FOR ALL ADDED VALUE FOR INVESTMENTS GREATER THAN 5,000,002 BUILDING FEE WAIVERS NOT INCLUDING TAP AND METER FEES, AND THREE EXPEDITED PERMIT REVIEW AND IT COMES WITH A RECOMMENDATION OF APPROVAL OF THE RESOLUTION. IS THERE A MOTION FOR ITEM NUMBER SIX MOVED TO APPROVE? SECOND, IT'S BEEN MOVED AND SECONDED FOR APPROVAL FOR ITEM NUMBER SIX, IS THERE ANY DISCUSSION? COUNCILMAN GOETZ, IS THIS THE SITE OF THE OLD CASTLE MOTEL? THIS IS THE SITE OF, HOLLYWOOD AND 11TH. SO YOU MAY RECALL, THIS WAS ONE OF THE TWO. ACTUALLY, ONE OF THE THREE ORIGINAL HOUSING TAX CREDIT APPLICATIONS BACK AT THE BEGINNING OF THE YEAR. THE OLD, OLD COUNCIL. LONG WAY BACK. YEAH. OKAY THANK YOU. THERE'S NO OTHER DISCUSSION. ALL IN FAVOR OF APPROVING ITEM NUMBER SIX, PLEASE SIGNIFY BY SAYING AYE. AYE. HE OPPOSED. THE MOTION IS CARRIED. MR. CITY MANAGER, MAY WE HAVE THE READING OF ITEM NUMBER SEVEN, PLEASE? COUNCIL,

[01:00:02]

CONSIDER AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH T.W. CALDER, LLC FOR ECONOMIC DEVELOPMENT INCENTIVES UNDER THE NEIGHBORHOOD EMPOWERMENT ZONE PROGRAM FOR RETAIL DEVELOPMENT AT 999 CALDER AVENUE, WITH THE FOLLOWING INCENTIVES POSSIBLE THREE YEAR, ONE 100% MUNICIPAL TAX ABATEMENT FOR ALL ADDED VALUE FOR INVESTMENTS GREATER THAN $75,000 TO BUILDING FEE WAIVERS FOR NOT INCLUDING TAP AND METER FEES, EXCUSE ME, AND EXPEDITED PERMIT REVIEW WHEN IT COMES WITH THE RECOMMENDATION OF APPROVAL. IS THERE A MOTION FOR ITEM NUMBER SEVEN? MOVE TO SECOND. THERE IS A MOTION AND A SECOND FOR APPROVAL OF ITEM NUMBER SEVEN. IS THERE ANY DISCUSSION? COUNCILMAN SHAW, CITY MANAGER, JUST A QUESTION, CAN WE QUALIFY? MUSIC VENUE. PROGRESS. WOULD THERE BE LIVE MUSIC PLAYED? SO THIS IS A AND WE DO HAVE, CHRISTINA LOKEY IS OUR ECONOMIC DEVELOPMENT MANAGER, AS WELL AS TYLER WHARTON, WHO'S MAKING THE APPLICATION. BUT YOU MAY HAVE SEEN IT FEATURED IN THE MEDIA RECENTLY, BUT IT'S A MUSIC STUDIO VENUE, KIND OF ALL OF THE ABOVE RIGHT THERE ON CALDER, CALDER STREET GYMNASIUM AT FIRST FIRST BAPTIST, RIGHT. SO THERE WILL BE LIVE MUSIC AS FAR AS WE.

OKAY. CHRISTINA, YOU HAVE TO COME TO THE MIC. BUT CONSIDERING WHERE IT'S AT, I'M FINE WITH THE LIVE MUSIC. I JUST WANTED TO GO AHEAD. YES. AND IT'S ALSO GOING TO BE A RETAIL AND RECORD SHOP, WHAT'S REALLY EXCITING ABOUT IT IS IT'S LOCATED IN THE DOWNTOWN AREA, WHICH IS PART OF OUR NES ZONE. AND IT DID ACTUALLY QUALIFY BECAUSE IT HAD OVER A $75,000, COMMERCIAL INVESTMENT.

GREAT. ABSOLUTELY. THERE YOU GO, COUNCILMAN TURNER. JUST ON ON THIS PARTICULAR TOPIC, I'M GLAD THIS IS CLOSER TO US DOWNTOWN, BUT WE DO HAVE ISSUES WITH FACILITIES WHERE WE HAVE THAT ARE IN THE MIDDLE OF NEIGHBORHOODS THAT WE DO APPROVE AS A COUNCIL. AND I WOULD ASK IN THE FUTURE, IF WE CAN EXPLORE, WHAT'S THE TERM I'M LOOKING FOR, COUNCILMAN? SO WE JUST TALKED ABOUT THIS, ENTERTAINMENT DISTRICTS. PERFECT, ENTERTAINMENT DISTRICTS WHERE WE CAN AVOID, HAVING DIFFERENT VENUES THAT PLAY LIVE MUSIC IN THE MIDDLE OF NEIGHBORHOODS, I THINK IS UNFORTUNATE. ONCE WE APPROVE IT AND IT'S THERE, THEN YOU HAVE ISSUES WITH THE NEIGHBORS. NOW IT PUTS US IN A TOUGH SITUATION. SO IN THE FUTURE, I THINK IT WOULD BE VERY WISE THAT WE CREATED THESE ENTERTAINMENT DISTRICTS. SO WE DON'T HAVE THESE ESTABLISHMENTS NO MORE. RIGHT IN THE MIDDLE OF A NEIGHBORHOOD. SO MR. WILLIAMS AND STAFF, IF WE CAN KIND OF FIGURE THAT OUT, WELL, WE WON'T HAVE TO DEAL WITH ISSUES SIMILAR TO ANOTHER VENUE ON THIS PARTICULAR CALL THE AREA. AND I'M ASSUMING, COUNCILMAN TURNER, IT COMES BACK TO ZONING. THAT WOULD BE THE ISSUE, WOULDN'T IT? CITY MANAGER YES. AND THINGS LIKE THIS ARE COVERED IN YOUR COMPREHENSIVE PLAN. AND WE'RE LOOKING AT A NEW COMPREHENSIVE PLAN AND IDENTIFIES WHERE YOU WOULD LIKE TO HAVE CERTAIN TYPES OF USES THROUGHOUT YOUR CITY. AND SO HAVING THAT CATEGORY OF USAGE OR ZONING IN THAT NEW COMP PLAN WOULD BE GREAT. YEAH. I JUST HATE TO SEE ANY, YOU KNOW, CITIZEN OR INVESTOR PUT THAT KIND OF REVENUE UP AND HAVE ISSUES WITH THEIR NEIGHBORS. AND WE GET IN A TOUGH SITUATION AS A CITY. SO IF WE CAN GET AHEAD OF IT, I WOULD LOVE TO. OKAY.

COUNCILMAN DARIO, I DROVE BY AND LOOKED AT THIS PROPERTY AND I JUST ISN'T IT MOSTLY A COMMERCIAL AREA? I DIDN'T SEE MANY HOUSES IN THAT AREA. DOES ANYBODY? IT IS MOSTLY COMMERCIAL IN THAT AREA. ALL RIGHT. THANK YOU. ALL IN FAVOR OF APPROVING ITEM NUMBER SEVEN, PLEASE SIGNIFY BY SAYING AYE. AYE. ANY OPPOSED? THE MOTION IS CARRIED. MR. CITY MANAGER, MAY WE HAVE THE READING OF ITEM NUMBER EIGHT, PLEASE? COUNCIL TO CAST THIS VOTE IN THE TEXAS MUNICIPAL LEAGUE REGION 16 BOARD OF DIRECTORS, 2024 ELECTION. AND YOU HAVE CANDIDATES IN YOUR PACKET THERE FOR RECOMMENDATION. AND THERE IS NO RECOMMENDATION FROM STAFF FOR YOUR THE CANDIDATES FOR YOUR CONSIDERATION. OKAY. WE'LL NEED A MOTION FIRST TO GET INTO THIS.

I MOVE FOR APPROVAL. CAN YOU TURN ON YOUR MIC PLEASE? GO AHEAD AND MAKE THE MOTION. I

[01:05:02]

MOVE THAT WE SUPPORT DANNY LEE. HE'S A VETERAN OVER IN CLEVELAND. HE'S BEEN THERE ABOUT 15 YEARS. AND THAT'S MY EMOTION. I'LL SECOND. IT'S BEEN MOVED AND SECONDED FOR, DANNY LEE FOR OUR APPROVAL. IS THERE ANY DISCUSSION? ALL THOSE IN FAVOR OF APPROVING DANNY LEE AND ITEM NUMBER EIGHT, PLEASE SIGNIFY BY SAYING AYE. AYE. ANY OPPOSED? THE MOTION IS CARRIED. OKAY.

COME ON. THAT MAYOR, JUST FOR THE RECORD, THIS THING HAS TO BE IN BY 5 P.M. TODAY. OKAY I JUST NOTICED THAT. TO END ON TIME, TAYLOR, SOMEBODY BETTER GO FAX IT. ALL RIGHT, MR. CITY MANAGER, MAY WE HAVE THE READING OF ITEM NUMBER NINE, PLEASE? YES, MAYOR. COUNCIL, CONSIDER A REQUEST FOR A SPECIFIC USE PERMIT TO ALLOW SWIMMING. SWIMMING LESSONS IN AN R. S WHICH IS A RESIDENTIAL SINGLE FAMILY DWELLING ZONING DISTRICT FOR PROPERTY LOCATED AT 8001 30 SHENANDOAH DRIVE. AND IT COMES WITH THE FIVE ZERO RECOMMENDATION FROM PNC WITH THE FOLLOWING CONDITION, PER ENGINEERING, THE DRIVEWAY CAN ACCOMMODATE FOUR CARS AND 17 CARS CAN PARK ON THE STREET. AT NO POINT SHOULD CAUSE BLOCK DRIVEWAYS OR RESTRICT LIFE SAFETY VEHICLES TO NAVIGATE THE NEIGHBORHOOD, AND THE OWNER OF THE BUSINESS SHALL BE RESPONSIBLE FOR ENFORCING SUCH PARKING RESTRICTIONS AND COMES WITH THAT RECOMMENDATION OF APPROVAL. ALL RIGHT. IS THERE A MOTION FOR ITEM NUMBER NINE MOVED TO APPROVE THE ORDINANCE WITH THE CONDITIONS? SECOND. ALL RIGHT. IT'S BEEN MOVED AND SECONDED FOR APPROVAL OF ITEM NUMBER NINE. IS THERE ANY DISCUSSION, ALL THOSE IN FAVOR OF APPROVING ITEM NUMBER NINE, PLEASE SIGNIFY BY SAYING AYE.

AYE. ANY OPPOSED? THE MOTION IS CARRIED. MR. CITY MANAGER, MAY WE PLEASE HAVE THE READING OF ITEM NUMBER TEN? COUNCIL, CONSIDER A REQUEST FOR A SPECIFIC USE PERMIT TO ALLOW A TOOL RENTAL AND EQUIPMENT RENTAL STORE IN A GCMD GENERAL COMMERCIAL MULTIPLE FAMILY DWELLING ZONING DISTRICT FOR PROPERTY LOCATED AT 3105 EAST TEXAS FREEWAY AND IT COMES, WITH THE RECOMMENDATION OF FIVE ZERO RECOMMENDATION FROM PNC WITH THE FOLLOWING CONDITIONS. ANY CONSTRUCTION PLANS MUST MEET ALL THE REQUIREMENTS BY WATER UTILITIES FOR WATER AND SANITARY SEWER SERVICES, INCLUDING ANY REQUIREMENTS OF THE CITY'S BACKFLOW, PRETREATMENT AND OR FOG PROGRAM TO ANY CONSTRUCTION PLAN SHALL COMPLY WITH ALL APPLICABLE FIRE AND BUILDING CODES AND THREE. ANY INSTALLED LIGHTING SHALL BE DIVERTED FROM RESIDENTIAL USES TO THE WEST AND SOUTH. ALL RIGHT. IS THERE A MOTION FOR ITEM NUMBER TEN? MOVE TO APPROVE WITH CONDITIONS.

SECOND, THERE IS A MOTION AND A SECOND FOR APPROVAL OF ITEM NUMBER TEN. IS THERE ANY DISCUSSION, ALL THOSE IN FAVOR OF APPROVING ITEM NUMBER TEN, PLEASE SIGNIFY BY SAYING AYE.

AYE. ANY OPPOSED? THE MOTION IS CARRIED. MR. CITY MANAGER, MAY WE PLEASE HAVE THE READING OF ITEM NUMBER 11? COUNCIL CONSIDER A REQUEST FOR A REZONING FROM AN R M H RESIDENTIAL MULTIPLE FAMILY HIGH DENSITY ZONING DISTRICT TO AN LEE LIGHT INDUSTRIAL OR MORE RESTRICTIVE DISTRICT FOR PROPERTY LOCATED AT 1330 LINCOLN AVENUE, AND IT COMES WITH THE RECOMMENDATION OF APPROVAL. IS THERE A MOTION FOR ITEM NUMBER 11? MOVE TO APPROVE. SECOND, THERE IS A MOTION AND A SECOND FOR APPROVAL OF ITEM NUMBER 11. IS THERE ANY DISCUSSION, ALL THOSE IN FAVOR OF APPROVING ITEM NUMBER 11, PLEASE SIGNIFY BY SAYING AYE. AYE. ANY OPPOSED? THE MOTION IS CARRIED. MR. CITY MANAGER, MAY WE PLEASE HAVE THE READING OF ITEM NUMBER 12? COUNCIL, CONSIDER REQUESTS FOR A REZONING FROM AN SES RESIDENTIAL SINGLE FAMILY DWELLING, ZONING DISTRICT TO AN NSC NEIGHBORHOOD SHOPPING CENTER ZONING DISTRICT FOR PROPERTY LOCATED AT 7823 7900 TRAM ROAD AND IT COMES WITH THE RECOMMENDATION OF APPROVAL. IS THERE A MOTION FOR ITEM NUMBER 12? MOVE TO APPROVE. SECOND, THERE IS A MOTION AND A SECOND FOR APPROVAL OF ITEM NUMBER 12.

IS THERE ANY DISCUSSION? COUNCILMAN TURNER JESUIT RESTAURANTS IF BEFORE WE MOVE FORWARD, CAN WE PLEASE BE CLEAR WITH IT BEING A NEIGHBORHOOD, WHAT TYPE OF RESTAURANT WE'RE

[01:10:03]

LOOKING AT, OR IF IT DOES COME ABOUT, IS IT RESTAURANT WITH LIVE BANDS LIKE, I THINK WE NEED TO DO A BETTER JOB GETTING AHEAD OF THAT IN THE FUTURE. YEAH. SO THEY CAN DISCLOSE THAT. WE'LL MAKE SURE THAT THEY DO WHENEVER THEY TURN IN THEIR BUILDING PERMIT, AS FAR AS, AS FAR AS ENTERTAINMENT AND WHATNOT, WE DO ENCOURAGE THEM TO REACH OUT TO SURROUNDING NEIGHBORS TO LET THEM KNOW, YOU KNOW, THAT AN EVENT IS HAPPENING, AT THIS TIME, DURING THIS TIME FRAME, SO THAT THE NEIGHBORS CAN, HAVE SOME KIND OF AWARENESS AND LIKE, AT LEAST SOME EXPECTATION OF WHEN THE MUSIC WILL STOP. BUT WE CAN WE CAN LOOK AT THAT AS FAR AS, LOOKING INTO WHICH KINDS OF EATING PLACES CAN GO, WHERE OUR ORDINANCES DON'T, NECESSARILY FLESH THAT OUT, IT'S ALL EATING PLACES. SO ALL RESTAURANTS. YEAH, I JUST WANT TO GET AHEAD OF IT. WE'VE HAD SOME BAD INSTANCES. I JUST DON'T WANT TO KEEP EXPERIENCING IT. YOU KNOW, BASED UPON WHAT WE CURRENTLY EXPERIENCE WITH SOME RESTAURANTS IN THE MIDDLE OF NEIGHBORHOODS THAT PLAY THE LIVE MUSIC, BECAUSE IT ALWAYS RESULTS TO EITHER SIDE. SOMEONE INITIALLY BEING HURT, WHETHER IT BE FINANCIALLY OR JUST LIVING CONDITIONS. SO IF WE CAN KIND OF GET A GRASP ON THAT, I WOULD HIGHLY APPRECIATE IT. YES, SIR. ANY OTHER DISCUSSIONS? ALL THOSE IN FAVOR OF APPROVING ITEM NUMBER 12, PLEASE SIGNIFY BY SAYING AYE. AYE. ANY OPPOSED? THE MOTION IS CARRIED. MR. CITY MANAGER, MAY WE PLEASE HAVE THE READING OF ITEM NUMBER 13? COUNCIL, CONSIDER REQUEST FOR A REZONING FROM AN RCR H RESIDENTIAL CONSERVATION. REVITALIZATION. HISTORIC ZONING DISTRICT TO AN RCR RESIDENTIAL CONSERVATION REVITALIZATION ZONING DISTRICT AND A SPECIAL SPECIAL SPECIFIC I'M SORRY USE PERMIT TO ALLOW RESTAURANTS, PROFESSIONAL OFFICES, COMMERCIAL RETAIL, ADMINISTRATIVE OFFICES AND A MUSIC STUDIO FOR PROPERTY LOCATED AT 660 NORTH SEVENTH STREET. AND IT WAS PASSED FIVE ZERO BY PNC WITH THE FOLLOWING CONDITIONS. CONDITION THE MUSIC STUDIO SHALL ADHERE TO SECTION 28 .04.007, PERFORMANCE STANDARDS OF THE CITY'S CODE OF ORDINANCES, AND THAT'S THE ONLY CONDITION. IS THERE A MOTION FOR ITEM NUMBER 13? MOVE TO APPROVE WITH THE CONDITION. SECOND, THERE IS A FIRST AND A SECOND FOR APPROVAL OF ITEM NUMBER 13.

IS THERE ANY DISCUSSION? COUNCILMAN GOETZ AND THEN COUNCILMAN FALLSHAW 28.04 .07.

IS THAT THE NOISE ORDINANCE? YES, SIR. YES THANK YOU. COUNCILMAN THIS IS IN A RESIDENTIAL AREA, SO I. IF THEY AGREE TO ADHERE TO THE ORDINANCE, THEN I GUESS I'M FINE. I JUST THIS IS AND THIS IS TECHNICALLY THIS IS IN THE HISTORICAL DISTRICT, ISN'T IT? YEP. OLD TOWN, IT IS. SO HERE WE GO AGAIN. MUSIC. TODAY'S THE MUSIC DAY, OKAY. AS LONG AS THEY'RE WILLING TO ABIDE BY THE ORDINANCE. I'M GOOD. COUNCILMAN TURNER. AND THAT ORDINANCE, JUST FOR CLARITY, HOW ARE WE MEASURING THAT ORDINANCE? SO WE'RE ALL ON THE SAME PAGE BECAUSE I AGAIN, I DON'T WANT TO GET INTO RUN INS WHERE, YOU KNOW, WE'RE NOT CLEAR ON HOW WE'RE DEALING WITH THE ORDINANCE. HOW ARE WE DEALING WITH MEASURING THE SOUND OF THE ORDINANCE? I JUST WE'VE ALREADY HAD EXPERIENCES WITH THIS. I WANT TO MAKE SURE WE'RE CLEAR BEFORE WE MOVE FORWARD. SO TWO PARTS TO IT. THERE IS A DECIBEL, LIMIT BASED ON THE TIME OF DAY FOR THIS SECTION OF THE ORDINANCE. HOWEVER, THEY WOULD ALSO BE SUBJECT TO THE NOISE NUISANCE ORDINANCE. SO IF THERE WAS A VIOLATION, WE FELT THAT, AGAIN, WITH IT BEING A SPECIFIC USE PERMIT, WE COULD ALWAYS BRING IT BACK TO CITY COUNCIL FOR FURTHER REVIEW. IF IT WAS A PROBLEM. SO WITH THE DECIMALS, ARE WE GOING OUT USING DECIMAL READERS OR ARE WE LIKE, HOW DO WE DEAL WITH THIS? CURRENTLY, IF THERE WAS A NOISE COMPLAINT RELATED TO THE OR IF THERE WERE A NOISE COMPLAINT RELATED TO THIS, WE WOULD RELY ON THE POLICE DEPARTMENT SIMILAR TO WHAT WE'VE DONE IN RECENT PAST WITH SOME OTHER WITH SOME OTHER LOCATIONS. IF YOU WOULD YIELD, I WOULD ASK THAT THE CHIEF OF POLICE COME UP. YEAH. I JUST, YOU KNOW, I WANT CLARITY BEFORE WE OPEN UP ANOTHER ONE OF THESE. YEAH. CAN I YEAH. OF COURSE. YEAH. BUT THE CHIEF PLEASE COME UP AND TALK ABOUT THE DECIBEL. I MEAN, ARE WE ARE WE SENDING UNITS OUT THERE WITH THE METER TO CHECK THE SOUND AND. SHORT ANSWER IS NO. WE'RE NOT. THERE'S TWO PARTS TO THE ORDINANCE AND THERE'S A STATE LAW. AND A PART OF IT IS REASONABLENESS. AND IT'S BASED ON THE DISCRETION OF

[01:15:05]

THE OFFICER. AND BASED ON THE EXPECTATION OF THE CITIZENS. SO, WHAT, CITIZENS CITY MANAGER BOONE WAS TALKING ABOUT THERE IS SOME VARIANCE BASED ON ZONING RULES OF NOISE, LIKE THE COMMERCIAL HAS A TIME PERIOD, BUT DEPENDING ON HOW THE SECTION IS, THE SPECIFIC BUSINESS, AND I'M SURE SHE COULD ADDRESS IT AS WELL. THERE ARE SOME DIFFERENT STIPULATIONS, BUT THE BOTTOM LINE IS DECIBELS IS ONE PIECE. THAT'S AN OPTION, BUT IT'S NOT THE ONE THAT'S NORMALLY USED BECAUSE THERE'S A LOT OF ISSUES WHEN YOU START TALKING ABOUT DECIBEL METERS AND THEY YOU KNOW, WE'VE HAD ISSUES IN THE COURTS BEFORE WHERE, SOMEBODY QUESTIONS HOW RECENTLY IT WAS TESTED, SORT OF MAYBE COMPARING IT TO A RADAR UNIT WHERE WAS IT TESTED IMMEDIATELY BEFORE? WERE THEY USING A PHONE APP? WHAT TYPE OF METER WERE THEY'RE USIN? AND IN THE PAST WE HAD EVEN BEEN GIVEN THE DIRECTION NOT TO USE THE DECIBEL METERS, BUT NOW WE CAN USE THEM. WE DO HAVE A COUPLE OF THEM. WE JUST DON'T NORMALLY USE THEM. WE NORMALLY USE THE DISCRETION OF THE OFFICER AND THE CITIZEN COMPLAINTS. SO THE DISCRETION OF THE OFFICER. IT'S DEPENDING ON HIS AGE. YOU MAY GET A DIFFERENT OPINION RIGHT AT 10:00 AT NIGHT, THAT'S, THAT'S MORE RELIABLE THAN A, THAN A DECIBEL READER. IT'S NOT THE RELIABILITY. IT'S THE, THE PIECE OF EVIDENCE ITSELF AND THE LAW GIVES EITHER OR, THAT'S THE CURRENT ORDINANCE THAT DOESN'T SAY Y'ALL HAVE TO KEEP IT. THERE IS A STATE LAW AS WELL THAT BACKS UP, AND THE OFFICER CAN USE EITHER THE ORDINANCE OR THE LAW, THE STATE LAW, BOTH OF WHICH PROVIDE FOR MORE THAN JUST A DECIBEL METER.

WELL, I'D RECOMMEND WE GET A DECIBEL READER AND CALIBRATE IT AND USE IT AS OPPOSED TO DISCRETION. IF WE'RE GOING TO SEND SOMEBODY OUT AT 10:00 AT NIGHT, JUST MAKE SURE HE'S 50 OR OLDER. YEAH AND MY, MY, MY. TO PIGGYBACK OFF WHAT COUNCIL MEMBER FISHER IS STATING, WE'RE DEALING WITH THIS SITUATION NOW. THE LAST THING I WOULD LIKE TO DO IS OPEN ANOTHER ESTABLISHMENT IN THAT AREA, AND WE HAVE NO CLEAR INDICATION ON HOW WE'RE DEALING WITH NOISE AND SOUND AFTER A CERTAIN PARTICULAR TIME. WHAT I'M LOOKING FOR IS CLEAR CUT CLARITY, NOT DISCRETION OF HOW WE'RE DEALING WITH THESE SITUATIONS. BECAUSE WE'RE UNDERGOING SOMETHING SIMILAR TO THIS. RIGHT NOW IN THIS SAME AREA, OLD TOWN. SO THE LAST THING I WANT TO DO IS OPEN ANOTHER ESTABLISHMENT, AND WE DON'T HAVE A CLEAR INDICATION ON HOW TO DEAL WITH THE BUSINESS OWNER AND THE NEIGHBORS. IT'S JUST KIND OF GRAY WHEN YOU SAY DISCRETION. THAT'S WHAT I STRUGGLE WITH. COUNCILMAN GOETZ, I CAN GO ALL THE WAY BACK TO STARVIN MARVIN. AND, WHERE THE CITY BASICALLY HELPED PUT HIM OUT OF BUSINESS BECAUSE OF THE COMPLAINTS OF NOISE FROM, SURROUNDING APARTMENT OWNERS. AND, I THINK DECIBEL METERS WERE A PART OF THAT WHOLE EXERCISE. I ALSO STRUGGLE WITH THE SUBJECTIVITY THAT A AN INDIVIDUAL POLICE OFFICER HAS WITH DISCRETION ON THAT. WHEN YOU HAVE SOMETHING LIKE A DECIBEL METER THAT CAN GIVE YOU OBJECTIVE FINDINGS, IF PROPERLY CALIBRATED, I DON'T KNOW WHY ANY ORDER WAS EVER ISSUED TO THE POLICE DEPARTMENT SAYING, DON'T USE DECIBEL METERS, I DON'T KNOW IF THERE WAS A I DON'T KNOW ALL THE BACKGROUND. I DON'T KNOW IF THERE WAS SOME BAD EXPERIENCES THAT CAME AS A RESULT OF TRYING TO USE THE DECIBEL METERS OR, OR WHAT CAN YOU ELABORATE ON THAT? I DON'T HAVE THAT INFORMATION.

OKAY. WELL THEN IS THERE ANY IS THERE ANY CONFLICT BETWEEN THE STATE LAW THAT HE'S REFERENCING AND OUR ORDINANCE THAT SO NO, ONE OF THE THINGS THAT CAME OUT OF THE STARVIN MARVIN LAWSUIT IS THAT OUR ORDINANCE WAS IN COMPLIANCE WITH STATE LAW, AND THAT THE OFFICERS DID EITHER HAVE THE ABILITY TO USE DECIMAL READERS OR DISCRETION. ONE OF THE MAJOR COMPONENTS OF THE STARVIN MARVIN LAWSUIT, WAS, FIRST, WHETHER OR NOT OFFICERS HAD BEEN PROPERLY TRAINED ON THE USE OF THE DECIMAL READERS, WHETHER OR NOT THE DECIMAL READERS WERE CALIBRATED. AND JUST FOR CLARIFICATION, THESE QUESTIONS COME UP ALL THE TIME, EVEN IN MUNICIPAL COURT, AS IT RELATES TO WHETHER OR NOT AN OFFICER USED, PACING METHOD TO DETERMINE SOMEONE'S SPEED OR WHETHER OR NOT THEY ACTUALLY USED A RADAR GUN TO CHASE THEIR SPEED. HOW IS IT CALIBRATED? WITH THE TECHNOLOGY FOR RADAR GUNS, THEY SELF CALIBRATE. SO THERE'S NOT A MANUAL PROCESS

[01:20:06]

THAT THE OFFICERS HAVE TO GO THROUGH. MOST OF THE DECIMAL READERS HAVE TO BE CALIBRATED THROUGH A PROCESS AND SO ONE OF THE QUESTIONS OR ISSUES THAT CAME UP DURING THE STARVIN MARVIN LAWSUIT WAS WHETHER OR NOT OFFICERS WERE, CALIBRATING THE DECIMAL READERS REGULARLY IN ORDER TO GET AN ACCURATE READIN, WHAT WOULD IT REALLY BOIL DOWN TO AS IT RELATES TO HOW IT WAS ABLE TO DETERMINE THAT THEY WERE VIOLATING THE NOISE ORDINANCE, WHERE SEVERAL FACTORS, ONE OF WHICH BEING TESTIMONY FROM THE NEIGHBORS AND TESTIMONY FROM THE OFFICERS, THAT WHEN THEY WERE APPROACHING THE PROPERTY THAT THEY HEARD THE MUSIC FROM SEVERAL BLOCKS AWAY, OR WHEN THEY WENT INTO THE OCCUPANTS HOME, THEY WERE ABLE TO CLEARLY DISTINGUISH, NOT JUST THE VIBRATIONS OF THE MUSIC, BUT THE ACTUAL LYRICS, AND AMPLIFICATION FROM THE, THE DJ, THEY COULD CLEARLY HEAR AS IF THEY WERE STANDING IN THE VENUE, THE SOUNDS THAT WERE COMING FROM THE PROPERTY. AND SO IN SIMILAR SITUATIONS, OFFICERS HAVE USED THAT SAME TACTIC IF THEY ARE APPROACHING THE PROPERTY, IF THEY CAN HEAR THE MUSIC FROM SEVERAL BLOCKS AWAY, IF THEY CAN CLEARLY DISTINGUISH BETWEEN NOT JUST THE VIBRATIONS AND THE BEAT, BUT IF THEY CAN HEAR CLEARLY THE LANGUAGE AND CLEARLY THE WORDS THAT THE DJ IS SAYING, AND THEY CAN MAKE THAT OUT AUDIBLY, THEN IT MAY BE THAT THE MUSIC IS TOO LOUD AND SIMILAR. IF THEY APPROACH A PERSON'S PROPERTY WHO LIVES SEVERAL BLOCKS AWAY, AND THEY CAN CLEARLY HEAR THE MUSIC AND CLEARLY HEAR THE LYRICS OF THE SONG, THEN IT MAY BE THAT IT'S TOO LOUD, REGARDLESS OF WHAT THE DECIMAL READER, MAY IMPUTE, STARVIN MARVIN WAS A UNIQUE SITUATION IN THE SENSE THAT A WHEN THEY APPLIED, THEY WERE REQUIRED TO PUT UP A SOUND BARRIER WALL AND THEY DIDN'T DO THAT, AND THERE WERE SOME INTERESTING APPROACHES AS IT RELATES TO THAT LAWSUIT THAT WASN'T A REQUIREMENT IN SOME OF THE CASES THAT YOU'RE REFERENCING HERE, BASED ON THE PROXIMITY THAT THEY WERE TO IT, THEY BACKED UP TO AN APARTMENT COMPLEX, IN SOME OF THE SIMILAR SITUATIONS, THAT WASN'T A REQUIREMENT JUST BECAUSE OF HOW THE PROPERTY WAS PREVIOUSLY ZONED ON SPECIFIC USE PERMITS. YOU CAN ADD DIFFERENT CONDITIONS TO THE PROPERTY AS NECESSARY.

YOU CAN REQUIRE A SOUND BARRIER. YOU CAN REQUIRE FENCING. YOU CAN REQUIRE DIRECTIONAL LIGHTING, ALL BUSINESSES THAT OPERATE IN THE CITY OF BEAUMONT, REGARDLESS OF IF THEY REQUIRE A SPECIFIC USE PERMIT OR NOT, ARE SUBJECT TO THE ORDINANCE AND THE LAWS OF THE CITY AND THE STATE OF TEXAS, SO ADDING THIS PARTICULAR PARTICULAR CONDITION IS JUST TO MAKE SURE THAT IN THE EVENT THAT THERE IS A PROBLEM, WE CAN COME BACK AND MAYBE PULL THEIR SPECIFIC USE PERMIT. SO ONE OTHER THING ON THE USE OF THE DECIBEL READERS, YOU KNOW, THERE'S THE LYRICS AND THE MUSIC THAT YOU CAN HEAR, AND THEN THERE'S THE DEEP BASS AND THE VIBRATIONS THAT YOU CAN ALSO NOT ONLY HEAR, BUT ALMOST FEEL AND CAN CAUSE YOUR WINDOWS TO ACTUALLY RATTLE. DOES THE DECIBEL METERS TRACK THE LOWER LEVELS OF BASS? DO YOU KNOW? I DON'T KNOW. OKAY, SO THE SCIENCE BEHIND DECIMAL READINGS IS NOT AS, CLEARLY ARTICULATED AS IT MIGHT BE AROUND SOME OTHER SOUND WAVES. JUST, JUST LET'S GET INTO IT. RIGHT SOUND WAVES TRAVEL, BASED ON THINGS. SO LIKE, THE SAME TREBLE AND BASS. RIGHT. THAT'S IN ONE SONG MAY BE DIFFERENT IN A DIFFERENT SONG.

SO IF A SONG HAS A LOT OF TROUBLE AND A LOT OF BASS, IT'S GOING TO REVERBERATE HARDER THAN THE NEXT SONG. THE VOLUME IS THE SAME, BUT BASED ON THE SONG LEVEL. IF IT HAS A STRONG BEAT DRUM, IT COULD CAUSE MORE VIBRATION AND MORE. AND SO WHETHER OR NOT THE DECIMAL READING IS ACTUALLY PICKING UP AND DISTINGUISHING BETWEEN THOSE TWO IS TWO DIFFERENT. BECAUSE THE VOLUME IS THE SAME. SO WHEN AN OFFICER GOES OUT ON A NOISE COMPLAINT CALL, ONE OF THE FIRST THINGS THAT THEY DO IS THEY ARRIVE AT THE COMPLAINANT TO DETERMINE EXACTLY WHAT THEIR EXPERIENCING. RIGHT, IF SOMEONE IS IN A BRICK HOME VERSUS A WOOD FRAME HOME, THEY COULD BE EXPERIENCING SOME DIFFERENT VIBRATIONS JUST BECAUSE OF THE POROUSNESS OF THE WOOD, AS OPPOSED TO THE THICKNESS OF A BRICK. AND SO THERE IS SOME DISTINGUISHING FACTORS IN THAT, IS A DECIMAL READING, MORE OBJECTIVE AND MORE SURE, MAYBE. POSSIBLY. BUT WHAT IS IT ACTUALLY READING IT? NO ONE REALLY CAN TELL YOU. SO, THERE IS A LOT OF DIFFERENCES IN BETWEEN THAT. THAT'S WHY IT IS COUPLED WITH AND SOMETIMES OFFICERS USE JUST THEIR DISCRETION AS OPPOSED TO THE READING. THAT WAS A BIG MAJOR LIKE THE SCIENCE OF MUSIC AND BEAT VIBRATIONS AND THE STARVIN MARVIN LAWSUIT IS EXHAUSTIVE, BUT IT'S NOT GOING TO BE THE SAME IN EVERY CASE. THEY WERE USING LIVE MUSIC, AND MOST IN MOST CASES, WE'RE TALKING ABOUT, STEREOS AND SPEAKERS WITH TROUBLES AND BASS FROM FROM RECORD PLAYING AS OPPOSED TO

[01:25:02]

LIVE MUSIC FROM AN ACTUAL BAND OUTSIDE, THE DIFFERENCE IN THOSE CAN BE CAN BE A LOT DIFFERENT, AS OPPOSED TO SOMEONE ON SITE ADJUSTING THE BASS AND ADJUSTING THE TREBLE FOR A CONCERT PERFORMANCE, AS OPPOSED TO A DJ JUST PLAYING A SONG. CITY MANAGER I DON'T HAVE THE SCIENTIFIC INFORMATION. I SENT IT TO HAVE SOMEONE SPEAK FROM A MORE PRACTICAL EXPERIENCE, MY EXPERIENCE MOST CITIES USE METERS, THEY USE THEM FOR DIFFERENT REASONS, WHEN THEY GO OUT THERE FOR THEIR TWO ONE, IT DOES TAKE THE SUBJECTIVITY OUT OF IT. YOU KNOW, A LOT OF TIMES IT'S NOT IF THE WHAT THE AGE OF THE, OF THE PERSON IS, THEY MIGHT NOT LIKE THE MUSIC. I FOUND OUT WHEN SOMEBODY DOESN'T LIKE THE MUSIC THEY'RE PLAYING, SOMEBODY'S GOING TO COMPLAIN ABOUT THAT. BUT IT GIVES YOU SOME OBJECTIVE MEASUREMENT, AS MIKE MENTIONED, TO MEASURE. AND IT CAN BE PROACTIVE. YOU KNOW, IT'S NOT ONLY US WITH THE METER, BUT A PROPERTY OWNER CAN HAVE IT AND THEY CAN MEASURE IT AT THEIR PROPERTY LINE. TYPICALLY MEASURE FROM A PROPERTY LINE, AND THEY GET A GOOD IDEA IF THEY'VE BEEN VIOLATED. ALSO, A BUSINESS OWNER CAN HAVE THOSE METERS TOO, AND THEY CAN SEND THEIR EMPLOYEES OUT TO THEIR PROPERTY LINE AND TAKE MEASUREMENTS PERIODICALLY AND THEN THEY KNOW. SO THERE IS A DEFINITE MEASUREMENT THAT PEOPLE WE WOULD HAVE TO GO BY.

IT WON'T BE LIKE, WELL, HE THINKS IT'S TOO LOUD AND HE THINKS IT'S TOO LOUD, BUT IF IT'S 30DB AT THAT PROPERTY LINE, WHATEVER THAT NUMBER IS, IT GIVES US BOTH SOMETHING TO GO BY. WE EVEN USED TO USE IT FOR OUR OWN PERSONAL EVENTS DOWNTOWN TO MAKE SURE US AS A CITY, WE WEREN'T VIOLATING THAT ORDINANCE. WE WOULD HAVE DECIBEL METERS, AND WE WOULD TAKE THEM TO THE PROPERTY LINE AND MAKE THOSE PROACTIVE MEASUREMENTS. SO I THINK IT ADDS MORE, OBJECTIVITY TO THE DECISION MAKING THAN SOMEBODY JUST SAYING I THINK IT'S TOO LOUD, COUNCILMAN TURNER. WELL, I WOULD ASK AS A COUNCIL, IF WE HAVE ORDINANCES ON THE BOOKS AND WE NEED TO FOLLOW THEM. IF WE DON'T, IF WE'RE NOT GOING TO UTILIZE IT, WHAT'S THE PURPOSE OF HAVING IT ON THE BOOKS? SO, YOU KNOW, I WOULD STRONGLY SUGGEST THAT IT'S CLEAR THAT WE DO DO WHAT THE CITY MANAGER JUST STATED VERSUS, YOU KNOW, BEING SUBJECT PER PERSON THAT GOES OUT THERE. SO NOT ONLY DO THE OFFICERS HAVE CLEAR CONTROL, BUT THE RESIDENTS, THE BUSINESS OWNERS AND OFFICERS CAN ALL BE ON ONE ACCORD. AND IT TAKES THE SUBJECTIVITY AWAY. SO IF I CAN GET SOME SUPPORT ON THAT, THAT'S JUST THE DIRECTION I LIKE TO GO IN AND IT KEEPS OUR OFFICERS OUT OF THE MIDDLE OF A LOT OF IT RIGHT. COUNCILMAN GOETZ, THEN COUNCILMAN DARIO. RIGHT. I'M IN NO WAY SAYING THAT WE SHOULD, TRY TO LIMIT OFFICER'S DISCRETION BECAUSE I THINK DISCRETION IS, VERY IMPORTANT FOR OFFICERS TO BE ABLE TO UTILIZE, BUT WHEN YOU HAVE A TOOL LIKE THIS THAT CAN ALSO, IN ADDITION TO THEIR EXERCISE OF DISCRETION, PROVIDE YOU SOME OBJECTIVE EVIDENCE, I WOULD ENCOURAGE IT TO BE USED AS WELL. IT COULD ONLY HELP THEM IN THE LONG RUN FOR THE REASONS THAT THE MANAGER SAID. COUNCILMAN DARIO AND THEN COUNCILMAN FALLSHAW. SO THIS THIS PLACE IS 660 NORTH SEVENTH STREET IS UNIQUE IN IT'S A HISTORIC DISTRICT. IT'S SURROUNDED BY BUSINESSES AND IT'S SURROUNDED BY HOMES. SO IF REALLY THIS IS JUST A RECOMMENDATION FROM PLANNING AND ZONING, WE COULD NOT APPROVE IT. OR WE COULD ADD SPECIFICATIONS. SAID, YEAH, THEY COULD REZONE IT, BUT YOU CAN'T PUT ANY LIVE MUSIC OR MUSIC STUDIO THERE. THAT WOULD BE UP TO COUNCIL. I MEAN, IF YOU HAVE, IF YOU, GUYS SEEM LIKE YOU HAVE STRONG FEELINGS ABOUT THIS PROPERTY, THEN THAT'S ALSO A CHOICE. WELL, TO WHERE THE OWNER CAN STILL USE IT, JUST NOT FOR A MUSIC STUDIO HALL. SO THANK YOU, SIR. COUNCILMAN. WELL, I WAS JUST. I WAS GOING TO SAY CITY MANAGER. IT'S TALKING ABOUT DECIBEL READERS AND YOU. CAN I HAVE ONE ON MY PHONE? YOU CAN DOWNLOAD AN APP ON YOUR SMARTPHONE AND EVERYBODY HAS ONE NOW IT'S CALIBRATED OR NOT. I DON'T KNOW. BUT THAT BECOMES THE PROBLEM IS THAT EVERY CITIZEN CAN GO OUTSIDE, PUT UP THEIR PHONE AND GO, YEP, YOU'RE TOO LOUD. SO THERE IS A PROBLEM. AND YOU KNOW, IT'S A FRUSTRATION. SO, AGAIN, CHIEF, I, I DO RESPECT YOUR OFFICERS AS COUNCILMAN GOETZ SAID, BUT I WAS JUST WONDERING ABOUT THE DECIBEL READER. AND COULD WE NOT USE THAT TO HELP TAKE OUT THE OPINION AND BE MORE PERHAPS SCIENTIFIC WITH IT? BUT, COUNCILMAN DARIO, I I'M PRO-BUSINESS, SMALL BUSINESS. I'M NOT TRYING TO PUT UP AN OBSTACLE IN THEIR WAY. I WANT TO SEE THEM DO WELL. I JUST DON'T WANT TO SET SOMEBODY UP FOR FAILURE BY, YOU KNOW, PUTTING THEM IN THE WRONG PLACE. BUT, I MEAN, IF THEY'RE IF THEY'RE WILLING TO, TO, FOLLOW THE ORDINANCE AND, THEY'RE, THEY'RE, THEY'RE UNDERSTANDING THEY'RE

[01:30:09]

GOING TO MITIGATE THE SOUND, THEN I'M FINE WITH IT, AGAIN, I'M NOT TRYING TO, I'M NOT TRYING TO PUT UP AN OBSTACLE. I JUST, I WANT TO SEE THEM DO WEL, AND I DO NOT WANT TO CREATE ANOTHER SITUATION LIKE THE ONE WE HAVE RIGHT NOW. AND THIS IS LOCATED ON THE CORNER OF, SEVENTH AND NORTH. I DROVE BY THERE AND LOOKED AT IT TODAY. YEAH. NOW, CAN THEY SOUNDPROOF THE ROOM INSIDE? I'M SURE THEY CAN, BUT I JUST I'M JUST CONCERNED ABOUT SETTING SOMEONE UP FOR FAILURE. CAREER. OR WE CAN ANOTHER OPTION, THEY DO IT AT OTHER ESTABLISHMENTS THAT REQUIRE THEM TO PUT UP A SOUND BARRIER OUTSIDE. I THINK THIS IS AN INSIDE VENUE, BUT, YES. WELL, ME PERSONALLY, I WOULD SUPPORT ANY MUSIC BEING OUTSIDE AS FAR AS CITY ESTABLISHMENT NEIGHBORHOODS HAVE TO DO A SOUND BARRIER. I WOULD SUPPORT THAT BEING A CONDITION. IF THE MUSIC IS OUTSIDE AND PROJECTS TO NEIGHBORS, I WOULD SUPPORT THAT. COUNCILMAN GOETZ OKAY, WELL, THIS IS AN INSIDE MUSIC STUDIO, SO, YOU KNOW, THERE SHOULD NOT BE THE SAME TYPE OF PROBLEM THAT YOU WOULD EXPERIENCE IF YOU'RE HAVING AN OUTSIDE MUSIC EVENT. AND AGAIN, THIS IS A SPECIFIC USE PERMIT THAT WE'RE LOOKING AT. THEY'RE AGREEING TO ABIDE BY THE NOISE ORDINANCE. IF FOR SOME REASON THAT THEY DON'T AND THEY PERSIST IN VIOLATING THAT, CORRECT ME IF I'M WRONG, MR. CITY ATTORNEY, BUT WE CAN ALWAYS REVOKE THAT SPECIFIC USE PERMIT. CORRECT. SO COUNCIL IS CONSIDERING TWO THINGS TODAY. A REZONE AND SPECIFIC USE PERMIT. SO YOU'LL BE TWO MOTIONS, ONE FOR THE REZONE AND ONE FOR THE SPECIFIC USE PERMIT SEPARATELY. SO IF EVER THIS ISSUE SPECIFICALLY REGARDING THE SUP COMES UP AS TO WHETHER OR NOT THEY'RE NOT COMPLYING WITH THE NOISE ORDINANCE, COUNCIL COULD REVOKE THE SUP, BUT THE ZONING WOULD REMAIN THE SAME. WHY DOES THE REZONING HAVE TO HAPPEN IN ORDER TO ALLOW THIS USE TO GO FORWARD? TAKE IT OVER. SO IN RCR, A MUSIC VENUE IS NOT PERMITTED OR A MUSIC STUDIO IS NOT PERMITTED WITHIN THAT ZONING DISTRICT. RCR IT WOULD BE. SO THAT WAS THE OPTION THAT THE PROPERTY OWNER WISHED TO GO TOWARDS, BECAUSE I BELIEVE THAT HE HAS A POSSIBLE TENANT FOR IT, BUT THE TENANT IS NOT THERE AS THEY DON'T HAVE A SUP YET, BUT YOU KNOW, LIKE THE CONVERSATION HAS GONE ON, IT IS A SPECIFIC USE PERMIT. SO ULTIMATELY IT'S TO Y'ALL'S DISCRETION IF YOU WOULD LIKE TO APPROVE THAT, WE CAN ALWAYS TAKE IT AWAY. OR, YOU KNOW, WE CAN MOVE FORWARD WITH THE CONDITIONS OR ANY ADDED CONDITIONS YOU WOULD LIKE TO MAKE. COUNCILMAN DARIA JUST DIDN'T HAVE TO GO BEFORE THE HISTORIC LANDMARK COMMISSION. YES, SIR. THIS. IF THEY HAD ANY EXTERIOR ALTERATIONS THAT WERE NOT LIKE FOR, LIKE, ALTERATIONS, THEN. YES, THEY'LL NEED HISTORIC LANDMARK, COMMISSION APPROVAL.

SO HISTORIC LANDMARK DEALS MORE WITH ESTHETICS, THE OUTWARD APPEARANCE OF THE BUILDING. AND THEN OBVIOUSLY THIS WENT TO THE PLANNING COMMISSION BECAUSE IT DEALT WITH THE REZONE AND THEY APPLIED THOSE CONDITIONS. WHENEVER THAT HAPPENS, OBVIOUSLY THEY MAKE A RECOMMENDATION TO COUNCIL AND IT'S BEEN KIND OF POINTED OUT MULTIPLE TIMES. COUNCIL CAN OF COURSE ADD THEIR OWN, CONDITIONS AS WELL. AND AT THE PLANNING AND ZONING MEETING, HE SAID THEY WEREN'T GOING TO BE MAKING ANY EXTERIOR CHANGES. NOW, MAYOR, DO YOU DO WE KNOW IF THE P AND Z WAS THERE ANY NEIGHBORS THAT THAT WERE PROTESTING THIS? LET ME CHECK REAL QUICK. RECALL THAT I DIDN'T SEE ANY. YOU DON'T REMEMBER ANY? OKAY. I'M GOOD. AND JUST LASTLY, WE CAN CLARIFY WHETHER OR NOT THERE WERE ANY OPPOSITION EMAILS SENT OUT. YEAH. MY BIGGEST THING, IT SAYS THE MUSIC, THE MUSIC STUDIO SHOULD ADHERE TO SECTION 28.04007 PERFORMANCE STANDARDS OF THE CITY'S CODE OF ORDINANCES. AND THAT'S WHEN IT COMES TO SOUND. BUT WE'RE SAYING CITY CODE OF ORDINANCES. BUT SOMETIMES WITH THE OFFICER'S DISCRETION, THEY'RE STATE. SO I GET IT. STATE OVERRULED. CITY.

BUT I STILL WANT TO BE SPECIFIC. THE ORDINANCE ITSELF DOES INCORPORATE STATE LAW. SO IT'S NOT AGAIN, YOU CAN NEVER HAVE AN ORDINANCE THAT IS SUPERSEDING WITH THE STATE LAW IS. SO OUR ORDINANCE COMPLIES WITH STATE LAW. OUR ORDINANCE IS IN ALLIANCE WITH STATE LAW. AND OUR ORDINANCE ALLOWS RELIANCE UPON STATE LAW. SO IT'S AN INTANGIBLE THING, NOT AN EITHER OR. OKAY.

SO I'M ASKING MR. MANAGER, ARE WE USING DECIBEL READERS OR NOT MOVING FORWARD? I THINK THAT'S A PHILOSOPHER GOING TO GET FROM THIS COUNCIL AND OUR POLICE DEPARTMENT. I YIELD TO THE POLICE DEPARTMENT ON THAT AND LEGAL ON WHAT'S BEEN DONE HISTORICALLY. AND SOUNDS LIKE HISTORICALLY WE HAVE NOT DUE TO THIS LAWSUIT THAT HAD AN IMPACT ON IT. I JUST GAVE YOU MY

[01:35:02]

PROFESSIONAL OPINION. I THINK IT'S BETTER TO BE ABLE TO HAVE THAT OBJECTIVE INFORMATION. SO CAN STAFF BEFORE WE LEAVE, CAN I GET SOME CLARITY ON HOW WE'RE GOING TO DEAL WITH SOUND? I UNDERSTAND MR. MANAGER'S STANCE, BUT I JUST WANT TO MAKE SURE WE'RE ALL ON THE SAME PAGE AND IT'S SO AS FAR AS THE DECIBEL READING AND WHATNOT, I'LL HAVE TO DEFER TO POLICE. AND OBVIOUSLY COUNCIL ADMINISTRATION. BUT WE DID SEND OUT 17 PROPERTY OWNER NOTICES, RECEIVED TWO IN FAVOR, ZERO IN OPPOSITION. I WILL CAUTION COUNCIL THAT THE ONLY ITEM THAT'S BEFORE COUNCIL TODAY IS SPECIFICALLY ON THIS ITEM, EVEN THOUGH I KNOW IT RELATES TO THAT SECTION, IS TO EITHER APPROVE OR REJECT THE ZONING AND SUP. IF COUNCIL WANTS A WORKSHOP ON OUR NOISE ORDINANCE AND WOULD LIKE TO PROVIDE SPECIFIC FEEDBACK TO STAFF ON HOW YOU WANT TO PROCEED WITH EITHER AMENDING OR CHANGING OR OPERATIONALLY WHAT YOUR DESIRE IS. FOR THAT, I RECOMMEND WE DO THAT AT A SEPARATE MEETING SO IT CAN BE IN ADHERENCE WITH THE POSTING ACT. WELL, I WOULD ASK FOR A SECOND TO DO THAT IN THE FUTURE IF ANYBODY'S INTERESTED. SECOND, I THINK IT'S I JUST WANT TO MAKE IT CLEAR. I THINK IT'S WELL ESTABLISHED. I THINK WHAT YOU'RE ASKING IS, OR WHAT SHE'S TALKING ABOUT IS A WORK SESSION ON WHETHER OR NOT WE SHOULD ADOPT THE ORDINANCE.

SO BUT THE ORDINANCE ITSELF SHOULD SAY WE NEED TO USE DECIBEL READINGS. YES. I WANT TO BE VERY CLEAR, AND WE'RE LOOKING TO HEAR FROM STAFF, THE POLICE DEPARTMENT AND FROM LEGAL. IS WHAT WE'RE SAYING CORRECT? WE WANT ALL THREE TO GIVE US ADVICE ON HOW TO MOVE FORWARD. THAT'S CORRECT, THAT'S CORRECT. YES. WE'LL HAVE A MEETING WITH STAFF AND COME UP WITH A STRATEGY AND HAVE A COUNCIL AGENDA ITEM AND PRESENT IT TO YOU. OKAY. SO NOW WE'RE GOING TO COVER WE'RE GOING TO HAVE TO HAVE TWO MOTIONS FOR ITEM NUMBER 13. THE FIRST ONE IS FOR ZONING COMMISSION. IS THERE A MOTION FOR ZONING. AND THEN WE'LL BE ADDRESSING THE SPECIFIC USE PERMIT. I THOUGHT WE ALREADY HAD A MOTION. AND SECOND, BUT I THINK WE NEED TO JUST REWORD IT. YEAH, IT NEEDS TO BE SPECIFIC TO ZONING AND THEN SPECIFIC TO I THINK THEY JUST MADE A MOTION TO DISCUSS. I MOVED TO APPROVE FOR ZONING. SECOND, THERE'S A MOTION AND A SECOND TO APPROVE FOR COUNCILMAN GOETZ. COUNCILMAN GOETZ FOR ZONING OF ITEM NUMBER 13. ALL THOSE IN FAVOR, PLEASE SIGNIFY BY SAYING I. I ANY OPPOSED? THE MOTION IS CARRIED. NOW, I MOVE THAT WE APPROVE THE SPECIFIC USE PERMIT FOR ITEM NUMBER 13. AND COUNCILMAN NEILL SECONDED IT WITH CONDITIONS WITH THE CONDITIONS? ALL THOSE IN FAVOR OF APPROVING ITEM NUMBER 13 WITH SPECIFIC USE PERMIT, PLEASE SIGNIFY BY SAYING AYE.

AYE. ANY OPPOSED? THE MOTION IS CARRIED. MR. CITY MANAGER, MAY WE MOVE ON TO ITEM NUMBER 14? COUNCIL, CONSIDER A REQUEST FOR A REZONING FROM A PUD PLANNED UNIT DEVELOPMENT ZONING DISTRICT TO A GCMD GENERAL COMMERCIAL MULTIPLE FAMILY DWELLING OR MORE RESTRICTIVE ZONING DISTRICT FOR PROPERTY LOCATED AT 3510 SOUTH MARTIN LUTHER KING PARKWAY. AND IT COMES WITH THE RECOMMENDATION OF APPROVAL. IS THERE A MOTION FOR ITEM NUMBER 14? MOVE TO APPROVE. IS THERE A SECOND? SECOND? THERE IS A MOTION AND A SECOND FOR APPROVAL OF ITEM NUMBER 14. IS THERE ANY DISCUSSION? ALL THOSE IN FAVOR OF APPROVING ITEM NUMBER 14, PLEASE SIGNIFY BY SAYING AYE.

AYE. ANY OPPOSED THE MOTION IS CARRIED. MR. CITY MANAGER, MAY WE HAVE THE READING OF ITEM NUMBER 15? COUNCIL, CONSIDER A REQUEST FOR REZONING. STUDY OF ILA STREET. I GET IT RIGHT, CHRIS AND THE SURROUNDING AREA, BORDERED BY OAKLAND STREET, MAGNOLIA AVENUE, MAPLE STREET AND I-10. EASTBOUND FEEDER ROAD. AND IT COMES WITH THE RECOMMENDATION OF APPROVAL. IS THERE A MOTION FOR ITEM NUMBER 15? MOVE TO APPROVE. IS THERE A SECOND? SECOND? THERE IS A MOTION AND A SECOND FOR APPROVAL OF ITEM NUMBER 15. IS THERE ANY DISCUSSION? YES. COUNCILMAN SAMUEL, I'D LIKE FOR STAFF TO. THIS IS AN AREA THAT WE'VE LOST AND NOT MUCH GAIN IN THAT PARTICULAR AREA. AND I'D LIKE TO GET AN UNDERSTANDING OF THE PURPOSE IN MOVING FORWARD THE

[01:40:01]

WAY THAT WE DID. AND WHAT WILL BE THE IMPACT ON THE PROPERTY OWNERS THAT ARE THAT ARE THERE NOW BOTH RESIDENTIAL AS WELL AS I KNOW THAT THERE ARE CHURCHES IN THE AREA, HOW WILL THAT IMPACT THOSE THOSE PROPERTIES? YES, SIR. SO WE RECEIVED CONCERNS WITH A TRUCK DEVELOPMENT OR A TRUCK LOT DEVELOPMENT THAT WAS OUT THERE, HISTORICALLY, THIS AREA HAS HAS BEEN PRETTY STAGNANT. HOWEVER IN THAT IMMEDIATE AREA AND SURROUNDING THE USES THAT HAVE BEEN ESTABLISHED FOR A LONG TIME IS RESIDENTIAL, SO IN 1981, OUR ZONING ORDINANCE WAS ADOPTED AND HENCE THE ZONING MAP, WHICH ZONED ALL OF THAT AREA IS LIGHT INDUSTRIAL, IT HASN'T BEEN REVISITED SINCE. AND, YOU KNOW, OVER TIME, THERE REALLY HASN'T BEEN ANY, DEVELOPMENTS THAT HAVE CAPITALIZED ON THE INDUSTRIAL USE THERE. SO I INSTRUCTED STAFF TO KIND OF DO A ZONING STUDY. WE WENT OUT THERE, WE CANVASED WHAT THE LOTS WERE, WHETHER THEY WERE VACANT, WHETHER THEY WERE COMMERCIAL, CHURCH USE, RESIDENTIAL, ETCETERA, TO ENCOURAGE DEVELOPMENT OUT THERE.

WE FIGURED THAT BECAUSE THIS IS LARGELY RESIDENTIAL, THAT IT WOULD BE BEST TO REZONE THESE PROPERTIES TO RESIDENTIAL, BUT TO A ZONING DISTRICT THAT WOULD ALLOW FOR SOME FLEXIBILITY, AND THAT'S WHERE THAT RESIDENTIAL CONSERVATION REVITALIZATION, ZONING DISTRICT COMES INTO PLAY.

IT CAN ALLOW FOR, WITH SPECIFIC USE PERMITS, SOME, NEIGHBORHOOD TYPE OF, AND WE JUST, YOU KNOW, YOU GUYS JUST PROCESSED ONE, JUST BEFORE THIS. IT WOULD, IT WOULD BE, IT WOULD JUST SERVE, SERVE THE NEIGHBORHOOD. SO THINGS LIKE PROFESSIONAL OFFICES, WHICH WOULD BE LIKE MEDICAL OFFICES OR TAX INSURANCE, BEAUTY SALONS, BARBERSHOPS, THINGS THAT ARE OF LOWER DENSITY CAN GET, SUPS THERE. AND THEN IN AREAS WHERE THERE'S ESTABLISHED CHURCHES, WE'RE PROPOSING A NEIGHBORHOOD COMMERCIAL. AND THEN THAT WAY THOSE ARE ALSO WE'RE NOT CREATING NON-CONFORMING USES OUT THERE. THE AREA FOR THE TRUCK LOT, WE'RE PROPOSING TO BE ZONED AS GCMD TWO. SO THEY ARE CONFORMING, AS IS IF THEY EVER WANTED TO EXPAND OR ANYTHING LIKE THAT. THEY MAY IT WOULD REQUIRE A SPECIFIC USE PERMIT. SO WE WOULD HAVE TO LOOK AT IT, ESPECIALLY WITH WITH THE PROXIMITY IT IS TO RESIDENTIAL. I FEEL THAT THIS WOULD BE APPROPRIATE TO MAKE SURE THAT THAT TRUCK LOT IS NOT IMPEDING INTO RESIDENTIAL USES OR AREAS, I HOPE THAT I EXPLAINED THAT ENOUGH IN DEPTH, BUT IF YOU HAVE ANY ANY MORE QUESTIONS, I CAN DEFINITELY ANSWER THOSE THAT DOES EXPLAIN. HOWEVER, I IMPACT TAX WISE, DOES THAT INCREASE THE DOES THAT DECREASE THE DEVALUE THE PROPERTY BY ZONING DOWN NECESSARILY, OR DOES THAT REALLY? TO BE HONEST, I'M NOT ENTIRELY SURE, I HAVE TO IMAGIN, THOUGH, YOU KNOW, COMMERCIAL VALUE VERSUS RESIDENTIAL VALUE, IT COULD, HOWEVER, THERE'S AREA ON HERE THAT'S ALONG MAGNOLIA WHERE WE KEPT AS GENERAL COMMERCIAL DID NOT. THAT'S AN EXHIBIT B OF Y'ALL'S PACKET, OF THIS ITEM, TO THE WEST, KEPT THAT AS GCMD SO THAT THOSE AREAS THAT ARE ALONG ARTERIAL STREETS AND FRONTING THE I-10 FEEDER ROAD STILL HAVE A COMMERCIAL ABILITY, AND LIKE I SAID, THE RCR ZONING DISTRICT, YOU KNOW, IT'S NOT THAT THEY CAN'T HAVE CERTAIN, COMMERCIAL USES THERE.

THEY CAN BY WAY OF A OF A SPECIFIC USE PERMIT, BUT IT WOULD NOT ALLOW FOR THE EXPANSION OF THAT TRUCKING. AREA WITHOUT GOING BACK FOR A SPECIFIC USE PERMIT TO ENLARGE.

OKAY COUNCILMAN TURNER, WHAT FINANCIAL INCENTIVES WOULD BE IN PLACE FOR THIS ZONE CHANGE? WOULD IT BE ANY FINANCIAL INCENTIVES AT THIS TIME? I DON'T THINK IT'S, IT'S LOCATED WITHIN A NEIGHBORHOOD. EMPOWERMENT ZONE, IT'S SOMETHING WE CAN DEFINITELY LOOK AT, BUT I DON'T BELIEVE THAT IT IS WITHIN A ESTABLISHED ZONE THAT WE HAVE RIGHT NOW. I MEAN, WE'RE CHANGING IT. I WOULD STRONGLY ENCOURAGE THAT. WE LOOK AT SOME INCENTIVES TO GET THESE AREAS INCENTIVIZED, NOT ONLY THAT SIDE, BUT THE OPPOSITE SIDE ON THE FREEWAY. I JUST WANT TO TAKE ADVANTAGE OF DOING A ZONE CHANGE. JUST INCENTIVIZING PEOPLE TO FIX UP, YOU KNOW, OUR WARDS, SPECIFICALLY WARDS THREE AND FOUR. YEAH. SO I THINK ANYTHING WE CAN DO TO INCENTIVIZE DEVELOPERS, IT WOULD BE GREATLY APPRECIATED. WELL I WANT TO MAKE SURE AS WE LOOK TO INCENTIVIZE, WHAT WHO ARE WE LOOKING TO GIVE THE INCENTIVE T? IS IT FOR COMMERCIAL DEVELOPMENT OR RESIDENTIAL. BECAUSE THAT HAS BEEN RESIDENTIAL AREA FOR YEARS AND YEARS, BUT IT WAS ZONED WHEN

[01:45:04]

THEY BROUGHT IN ZONING, IT WAS ZONED AS LIGHT INDUSTRIAL BECAUSE IT WAS FACING THE INTERSTATE AS WELL AS BORDERING ON MAGNOLIA. AND THEN THAT M.L. KING AREA. SO IT'S VERY UNIQUE.

AND, I WOULD BE CONCERNED ABOUT A MASS, INCENTIVE FOR ONE OR THE OTHER BECAUSE THAT NEIGHBORHOOD IS IN A DELICATE BALANCE. SO THAT WOULD THAT WOULD REALLY DEPEND ON HOW Y'ALL WANTED TO ESTABLISH IT. A COUPLE OF THE ONES THAT Y'ALL DO, WE CURRENTLY HAVE, LIKE THE NEIGHBORHOOD EMPOWERMENT ZONE. IF YOU WANTED TO CREATE THOSE AROUND THAT AREA WOULD BE SPECIFICALLY REGULATED TO PEOPLE BRINGING IN MORE RESIDENTIAL, EVEN IF IT IS A COMMERCIAL STRUCTURE LIKE AN APARTMENT OR DUPLEXES BE REGULATED TOWARDS BRINGING IN MORE HOMES OR YOU COULD AGAIN JUST DO AN ECONOMIC EMPOWERMENT ZONE WHERE IF THEY BRING IN ANY TYPE OF BUSINESS OR ANY TYPE OF STRUCTURE THAT INCREASED THE VALUE OF THAT AREA, THEY WOULD BE ENTITLED TO AN INCENTIVE. SO IT WOULD REALLY KIND OF DICTATE OR BE ON COUNCIL TO DETERMINE HOW Y'ALL WANTED TO, INCENTIVIZ, AND I HOPE TO ADD TO THAT, OUR NES POLICY, OUR NEIGHBORHOOD EMPOWERMENT ZONE POLICY DOES HIGHLIGHT, CERTAIN, CERTAIN PROJECTS THAT Y'ALL WOULD LIKE TO SEE. SO THAT'S OWNER OCCUPIED SINGLE FAMILY HOMES, THAT'S RETAIL DEVELOPMENT, MULTIFAMILY. I THINK IS ON THERE. BUT MULTIFAMILY WOULD HAVE TO RECEIVE A SPECIFIC USE PERMIT, I BELIEVE IN THAT, ZONING DISTRICT OR IT'S NOT PERMITTED ONE OF THE TWO, BUT IT DOES HIGHLIGHT SPECIFIC, GOALS THAT COUNCIL IDENTIFIED. AND WE DO PLAN TO BRING THAT POLICY BACK FOR RECONSIDERATION LATER THIS YEAR.

SO THAT YOU GUYS CAN LOOK AT IT AND MAKE SURE THAT THOSE GOALS STILL ALIGN WITH Y'ALL'S VALUES, AND MAKE SURE THAT THE RESIDENTS THAT LIVE IN THE AREA OR THAT HAVE PROPERTY IN THE AREA, MAKE SURE THAT THEY'RE NOTIFIED. ALSO. YEAH YEAH. SO I DEFINITELY WOULD LIKE TO YIELD INTO A WAY THAT WE CAN ACTUALLY COMMUNICATE WITH THOSE RESIDENTS PRIOR TO MAKING THE DECISION. BUT IF WE ARE GOING TO REZONE, WHETHER IT BE RESIDENTIAL OR IF THE RESIDENTS ARE OKAY WITH COMMERCIAL, I WOULD HIGHLY RECOMMEND WE ADD SOME INCENTIVES TO GET SOME MOVEMENT ON WHICHEVER DIRECTION WE GO IN. JUST TO CLARIFY, ARE YOU ASKING THAT WE DO A PUBLIC HEARING AT THAT TIME? BECAUSE WHEN WE DO A PUBLIC HEARING, WE SPECIFICALLY REACH OUT TO AFFECTED PEOPLE IN THE AREA. WHAT I WOULD DO, I WOULD YIELD TO COUNCIL MEMBER SAMUEL IN REFERENCE TO THAT.

WOULD IT BE IN THIS WARD I WOULD SUPPORT? EITHER WAY, HE'D LIKE TO GO. HE SAID, YES, I'D LIKE TO MAKE SURE THAT RESIDENTS ARE AWARE. AND IS THAT A PUBLIC HEARING TO THE NES INCENTIVES, OR IS THAT A PUBLIC HEARING TO THE REZONING? BECAUSE THE REZONING WE DID, IT WENT THROUGH PLANNING COMMISSION EVERY EACH PROPERTY OWNER, AFFECTED AND WITHIN 200FT OF THAT AREA WERE NOTIFIED, I THINK FOR CLARITY, I THINK HE'S REFERRING TO WHEN WE BRING BACK THE ECONOMIC EMPOWERMENT EMPOWERMENT ZONE THAT WE IDENTIFIED THOSE INDIVIDUALS THROUGH, THROUGH A PUBLIC HEARING TO ALLOW THEM TO COME SPEAK. CORRECT. BUT I AM INTERESTED IN THE RESPONSE TO THE NOTICES THAT WAS SENT OUT. WE SENT OUT A LOT. I THINK IT WAS 230, 230, 214 OR SOMETHING LIKE THAT. I THINK I REMEMBER PASTOR MCGRIFF CAME OUT AND SPOKE. I THINK THAT WAS THE ONLY ONE, REVEREND PASTOR. PASTOR MCGRIFF. YEAH. AND PASTOR, HE WAS THE ONLY ONE THAT SPOKE. WE SENT OUT 213 PROPERTY OWNER NOTICES RECEIVED ZERO IN FAVOR, ZERO IN OPPOSITION. BUT AT THE MEETING, HE WAS HE DID SPEAK IN FAVOR. OKAY ALL RIGHT. IF THERE'S NO OTHER DISCUSSION, ALL THOSE IN FAVOR OF APPROVING ITEM NUMBER 15, PLEASE SIGNIFY BY SAYING AYE. AYE. ANY OPPOSED?

[PUBLIC HEARING]

THE MOTION IS CARRIED. MR. CITY MANAGER, WOULD YOU TAKE US INTO THE PUBLIC HEARING, PLEASE? COUNCIL, TO CONDUCT A PUBLIC HEARING TO RECEIVE COMMENTS REGARDING THE CITY'S REINVESTMENT ZONE, TAX ABATEMENT POLICY FOR THE CITY OF BEAUMONT, DECLARE THE PUBLIC HEARING OPEN.

ANYBODY SIGNED UP TO SPEAK? I'M SORRY. NO, SIR. ALL RIGHT, THEN I WILL CLOSE THE PUBLIC HEARING.

[REGULAR AGENDA]

MAY WE HAVE THE READING OF ITEM NUMBER 16? COUNCIL, CONSIDER RESOLUTION ADOPTING THE REINVESTMENT ZONE TAX ABATEMENT POLICY FOR THE CITY OF BEAUMONT AND IT COMES WITH THE RECOMMENDATION OF APPROVAL. IS THERE A MOTION FOR ITEM NUMBER 16? MOVE TO APPROVE THE RESOLUTION. IS THERE A SECOND? SECOND. THERE'S A MOTION AND A SECOND FOR APPROVAL OF ITEM NUMBER 16. IS THERE ANY DISCUSSION? ALL THOSE IN FAVOR OF APPROVING ITEM NUMBER 16, PLEASE SIGNIFY BY SAYING AYE. AYE ANY OPPOSED? THE MOTION IS CARRIED. MR. CITY MANAGER, WOULD

[WORK SESSION]

YOU TAKE US INTO THE WORK SESSION, PLEASE? YES, MAYOR. COUNCIL TO DISCUSS THE PROPOSED VACANT BUILDING REGISTRY ORDINANCE. GOOD AFTERNOON, MAYOR AND

[01:50:11]

COUNCIL. I'M HERE TO WORKSHOP THE VACANT BUILDING REGISTRY ORDINANCE. WE DID THIS A COUPLE WEEKS AGO, GATHERED Y'ALL'S INPUT AND THEN, CRAFTED A PROPOSED, PROPOSED ORDINANCE. SO THIS SLIDE OR THESE SLIDES WILL KIND OF GO THROUGH, WHAT THIS ORDINANCE WOULD REQUIRE IF ACCEPTED TODAY. OKAY. THE PURPOSE OF THE VACANT BUILDING REGISTRY IS TO ADDRESS ISSUES WITH VACANT STRUCTURES WITHIN THE CENTRAL BUSINESS DISTRICT. THAT'S TO MITIGATE PUBLIC SAFETY ISSUES, REDUCE BLIGHT DANGER OR REDUCE DANGEROUS CONDITIONS, AND ENCOURAGE HISTORIC PRESERVATION.

ADDITIONALLY, THE REGISTRY IS TO SUPPORT THE REVITALIZATION OF BEAUMONT'S NATIONALLY RECOGNIZED DOWNTOWN HISTORIC COMMERCIAL DISTRICT BY ATTRACTING REINVESTMENT AND ENCOURAGING RESIDENTIAL AND COMMERCIAL BUSINESSES INTO DOWNTOWN. NEXT SLIDE. THIS IS A MAP BASICALLY OUTLINING THE PROPERTIES THAT WOULD THAT THIS ORDINANCE WOULD APPLY TO. SO AGAIN, IT'S EVERY PROPERTY THAT'S WITHIN THE CENTRAL BUSINESS ZONING DISTRICT OR THE ESTABLISHED ONE, WE DID RECEIVE INTEREST, FOR EXTENDING THE VACANT BUILDING REGISTRY FROM A BUSINESS OWNERS ALONG CALDER, FROM MAIN, FROM THE BEGINNING OF MAIN STREET ALONG CALDER TO 11TH STREET. THAT'S NOT BEING CONSIDERED TODAY, BUT COULD BE PROPOSED LATER, POSSIBLY IN OCTOBER, FOR CONSIDERATION IF YOU ALL ARE WILLING. BUT WE DID GET INTEREST, NEXT SLIDE OKAY. SO THE REQUIREMENTS UNDER THIS REGISTRY, IT WOULD BE REQUIRED TO REGISTER ANY VACANT BUILDING ON AN ANNUAL BASIS YEAR TO DATE, WHAT'S REQUIRED WITH THE OR WITH THE REGISTRATION IS THE FOLLOWING. NUMBER ONE, THEY MUST DESIGNATE A PROPERTY MANAGER. IF THE OWNER DOES NOT RESIDE WITHIN CITY LIMITS. NUMBER TWO MUST DISCLOSE AND CARRY OUT MEASURES TO MONITOR AND INSPECT THE PROPERTY ON A WEEKLY BASIS. NUMBER THREE SUBMIT A SIX MONTH PLAN TO SECURE, RESTORE, REPAIR, REPURPOSE AND OCCUPY THE BUILDING. NUMBER FOUR SUBMIT A PLAN FOR REGULAR MAINTENANCE OF THE BUILDING AND PREMISES. NUMBER FIVE SUBMIT A FLOOR PLAN FOR FIRST RESPONDERS TO UTILIZE DURING CALLS FOR SERVICE OR CATASTROPHIC EVENTS. NUMBER SIX, THEY WOULD NEED TO FILE A CRIMINAL TRESPASS AFFIDAVIT AND POST A NO TRESPASS PLACARD ON THE PREMISES. NUMBER SEVEN INSPECTIONS BY CITY STAFF WILL OCCUR TWICE A YEAR UNDER THIS REGISTRATION, AND THEN NUMBER EIGHT. LAST BUT NOT LEAST, THEY MUST DISCLOSE MEASURES THAT WILL BE TAKEN TO REDUCE ADVERSE IMPACT ON PROPERTIES SURROUNDING THE BUILDING DURING ITS VACANCY, INCLUDING PROVISIONS FOR LIGHTING, SECURITY PATROLS OR SECURITY CAMERA SYSTEMS, ALARM SYSTEMS, FIRE SUPPRESSION SYSTEMS OR MORE, AT MINIMUM, VACANT VACANT STRUCTURES SHALL PROVIDE ADEQUATE EXTERIOR LIGHTING TO THE BUILDING AND ITS PREMISES AND INSTALL A SECURITY CAMERA SYSTEM OR EMPLOY SECURITY PATROLS DURING THE NIGHT HOURS. SO THAT'S AT MINIMUM, ALL THE OTHER ONES WERE THINGS THAT THEY WOULD NEED TO DISCLOSE IN THEIR SIX MONTH PLAN TO STAFF. NEXT, APPLICABLE APPLICABILITY AND WAIVERS. SO THIS ORDINANCE WILL NOT APPLY TO PROPERTIES WITH A VALID PERMIT. AND ARE DEMONSTRATING PROGRESS AS IT RELATES TO THE SCOPE OF THE WORK THAT IS DISCLOSED IN THE PERMIT, NOR WILL IT APPLY TO OCCUPIED BUILDINGS. REGISTRATION FEES WILL BE WAIVED IF THE PROPERTY IS VACANT DUE TO CATASTROPHIC EVENTS, OR IS IN COMPLIANCE WITH THE STANDARD OF CARE IDENTIFIED IN THE 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE. WAIVED FEES WILL NOT EXTEND BEYOND ONE YEAR. THE FEES OF THE VACANT BUILDING REGISTRY WILL BEGIN AT $600 AND INCREASE BY HALF OF THE TOTAL FEE OF EACH YEAR THEREAFTER. SO, FOR EXAMPLE, YOUR ONE IS 600, YEAR TWO IS 900, YEAR THREE IS 1350. AND SO ON, THE INSPECTION FEE WILL BE $50 PLUS $0.01 PER SQUARE FOOT OF THE BUILDING. THESE FEES ARE COLLECTED TO OFFSET COSTS ASSOCIATED WITH VACANCIES, SUCH AS RESPONSE TO CATASTROPHIC EVENTS, CALLS FOR SERVICE MULTI-DEPARTMENTAL INSPECTIONS, BLIGHT MITIGATION AND ENFORCEMENT. THERE WAS CONCERN LAST TIME TO CAP REGISTRATION FEES, SO I'M PROPOSING A CAP OF $20,000. TO PUT THAT INTO PERSPECTIVE, THAT IS ABOUT TEN YEARS OF VACANCY. NEXT SLIDE. SO ENFORCEMENT AND PENALTIES EACH AND EVERY DAY A VIOLATION OF THE ORDINANCE CONTINUES. SHALL CONSTITUTE A SEPARATE OFFENSE. FINES COULD DOUBLE OR TRIPLE IF A SECOND OR THIRD CONVICTION OF THE SAME OFFENSE OCCURS WITHIN A 24 MONTH PERIOD. AS IS NORMAL, THE PROPERTY OWNER IS HELD RESPONSIBLE FOR ABIDING BY THE REGULATIONS AS PRESCRIBED IN THE ORDINANCE. LASTLY, IF A BUILDING IS VACANT FOR MORE THAN 60 DAYS,

[01:55:03]

THEY WILL BE REQUIRED TO REGISTER ANY EXISTING VACANT STRUCTURES WILL BE REQUIRED TO REGISTER WITHIN 60 DAYS OF ADOPTION OF THE ORDINANCE, AND THAT'S ALL THAT I HAVE. IF ANYONE HAS ANY QUESTIONS, I KNOW I KIND OF FLEW THROUGH THAT PRETTY QUICK. COUNCILMAN GATES AND COUNCILMAN BELSHAW AND COUNCILMAN TURNER AND THE DEFINITION OF VACANT BUILDINGS.

I AM AWARE, AND YOU PROBABLY ARE TOO, THAT THERE ARE SOME BUILDINGS DOWNTOWN THAT ARE BEING USED FOR STORAGE. IN MY VIEW, THAT'S NOT NECESSARILY A VACANT BUILDING BECAUSE THERE'S A USE AND THERE'S PEOPLE COMING IN AND OUT ON WHATEVER BASIS IS NEEDED IN ORDER TO RETRIEVE OR PUT ITEMS INTO THE BUILDING. BUT UNDER YOUR DEFINITION OF VACANT BUILDINGS, ARGUABLY, THAT COULD FALL INTO THE CLASSIFICATION OF A VACANT BUILDING BECAUSE YOU'RE TALKING ABOUT IT BEING OCCUPIED BY PERSONS, WHAT ARE YOUR THOUGHTS ON THAT? AS LONG AS TH WOULD CONSTITUTE A VALID, BUSINESS WITHIN THAT STRUCTURE. SO I WOULD THINK THAT THAT WOULD BE FINE AS LONG AS THEY ARE OCCUPIED THERE LEGALLY BY WAY OF A VALID CO. WELL, YOU MIGHT WANT TO TWEAK THIS TO, HAVE THAT DEFINITION INCLUDED, IF WE'RE GOING TO DO THAT, JUST JUST FOR CLARITY, THERE'S ALSO, ON THE SECURITY DEVICES, YOU SAID AT A MINIMUM, A LIGHTING AND, CAMERAS. YOU KNOW, THERE'S BEEN SOME QUESTIONS RAISED AS TO WHAT TYPES OF CAMERAS WOULD BE REQUIRED, WHETHER OR NOT YOU HAVE TO HAVE INTERNET IN A BUILDING IN ORDER TO HAVE CAMERAS, WHETHER OR NOT IT'S GOING TO BE SOMETHING, MADE PART OF OUR REAL TIME CRIME CENTER, CAN YOU ELABORATE A LITTLE BIT FURTHER ON WHAT BUILDING OWNERS WOULD BE EXPECTED TO DO IN ORDER TO HAVE CAMERAS? YEAH. SO I PUT IN THERE, UNDER THE REGISTRATION REQUIREMENTS, THERE'S. YEAH, I THINK IT'S. FOR SUBPART FIVE, AND THEN A AND B RIGHT THERE. SO BASICALLY THEY WOULD BE, RIGHT NOW WE DON'T ALLOW ELECTRICITY TO VACANT STRUCTURES. HOWEVER, WITHIN THE CENTRAL BUSINESS DISTRICT AND UNDER THIS VACANT BUILDING REGISTRY ORDINANCE, THEY WOULD BE GRANTED THE ABILITY TO RECEIVE ELECTRICITY AS LONG AS IT IS APPROVED BY STAFF. AND THEY'VE PULLED AN ELECTRICAL PERMIT TO DO SO. SO ESSENTIALLY, IT'D PROBABLY BE A TEMPORARY POWER, SO THAT THEY COULD ACCESS THE OR THEY COULD HOOK UP THE SECURITY CAMERA LIGHTS TO THAT OR SECURITY CAMERAS AND LIGHTS TO THAT. BUT IF THEY DID NOT WANT TO DO THAT, THEN THEY WOULD, AS FAR AS SECURITY CAMERAS, THEY WOULD NEED TO EMPLOY SECURITY PATROL DURING THE NIGHT HOURS. WHAT ABOUT SECURITY CAMERAS THAT ARE BATTERY POWERED? YEAH, AS LONG AS THEY, AS LONG AS THEY HAVE SECURITY CAMERAS THAT ARE FUNCTIONING, THAT'S, YOU KNOW WHAT THE ORDINANCE WOULD REQUIR, AS FAR AS INTERNET AND WHATNOT, I'M SURE THAT THEY COULD PROBABLY WORK WITH THE BUILDING OFFICIALS TO COME UP WITH AN ELECTRICAL POWER SUPPLY. THAT IS ENOUGH TO WITHSTAND ALL OF THAT. THE AS IMPORTANT AS SECURITY CAMERAS, IT SEEMS TO ME THAT BURGLAR ALARMS, YOU KNOW, WHERE YOU CAN EMPLOY SENSORS AND HAVE SOMEBODY, THE ALARMS WILL ACTIVATE, IF THEY DETECT THE PRESENCE OF UNAUTHORIZED PEOPLE IN THE BUILDING. YOU KNOW, OUR POLICE DEPARTMENT'S DOWNTOWN. YOU KNOW, IF YOU HAVE A MONITORED BURGLAR ALARM, A LOT OF THE THINGS, BAD THINGS THAT HAVE HAPPENED TO SOME OF OUR BUILDINGS DOWNTOWN, COULD HAVE PROBABLY BEEN AVOIDED, HAD A BURGLAR ALARM BEEN TRIPPED AND.

THE POLICE HAD BEEN NOTIFIED, YOU KNOW, I'M MINDFUL THAT SOME BUILDING OWNERS ARE ALWAYS POINTING TO THE POLICE SAYING, WELL, WE NEED INCREASED POLICE PATROLS. WE NEED, YOU KNOW, BASICALLY POLICE SITTING OUTSIDE OUR BUILDING TO MONITOR, WHETHER OR NOT PEOPLE ARE BREAKING IN.

TO ME, THAT'S NOT A GOOD USE OF RESOURCES. WHAT SEEMS TO BE MORE IMPORTANT? IT SHOULD BE INCUMBENT UPON THE BUILDING OWNERS TO HAVE BURGLAR ALARMS THERE, TO LET US KNOW THE ODDS OF US ACTUALLY CATCHING SOMEBODY IN THE ACT. I MEAN, CRIMINALS AREN'T STUPID, YOU KNOW. THEY THEY WILL WAIT FOR A POLICE PATROL TO GO BY AND THEN DO WHAT THEY'RE GOING TO DO. SO I THINK BURGLAR ALARMS ARE ALSO VERY, VERY IMPORTANT TO THIS. YEAH. AND I DIDN'T INCLUDE THOSE BECAUSE, YOU KNOW, WE I DID INCLUDE A SECURITY CAMERA SYSTEM. SO I WOULD HOPE THAT

[02:00:02]

THEY WOULD INSTALL AND THEY WOULD HAVE TO, THEY WOULD INSTALL IT IN SUCH A WAY WHERE IT WOULD SECURE SOMEWHAT THEIR PREMISES SO THAT THEY CAN IDENTIFY TRESPASSERS. SECURITY CAMERAS ARE GREAT TO HELP YOU CATCH SOMEBODY AFTER THE FACT. BURGLAR ALARMS CAN HELP YOU MITIGATE VANDALISM, DESTRUCTION, ARSON, WHILE IT IS ACTUALLY GOING ON. AND THAT TO ME, IS WHY IT IS SO IMPORTANT TO HAVE THAT AS PART OF THIS ORDINANCE. COUNCILMAN TURNER, THEN COUNCILMAN PHIL SHAW, THEN COUNCILMAN NEIL. OKAY. I HAVE A FEW QUESTIONS, CAN WE ONLY GO AFTER DOWNTOWN? A DOWNTOWN DISTRICTS, I'VE HAD SOME PEOPLE SAY WE HAVE VACANT BUILDINGS ALL THROUGHOUT THE CITY OF BEAUMONT. LIKE, LEGALLY, CAN YOU ONLY FOCUS ON DOWNTOWN AND DETACH IT FROM A VACANT BUILDING IN WARD ONE, TWO, 3 OR 4? SO I CAN SPEAK TO WHAT I'VE SEEN IN OTHER CITIES IN SAN ANTONIO IS THE ONE THAT POPS UP OR COMES TO MY MIND THAT THEY, ACTUALLY HAD SUCH SUCCESS WITH THEIR HISTORIC DOWNTOWN AREA. THAT OR I'M SORRY, THEIR HISTORIC DISTRICT AREA THAT THEY, THE COUNCIL WOUND UP, PLACING THAT CITYWIDE, NOW THEY DO HAVE PROVISIONS WHERE, YOU KNOW, OR SOME CITIES HAVE PROVISIONS WHERE THEY DON'T IDENTIFY SINGLE FAMILY HOMES WITHIN THE ORDINANCE, AND THEN THAT WAY OR IN SOME IDENTIFY ALL OF IT. SO IT REALLY KIND OF DEPENDS ON THE SCALE. I WILL TELL YOU THAT IF THIS WENT CITYWIDE, I WOULD HAVE TO HAVE MORE STAFF TO BE ABLE TO SUPPORT THAT, BUT I'M NOT OPPOSED TO IT EITHER. WE WOULD JUST HAVE TO MAKE SURE THE LOGISTICS ARE THERE. YEAH, JUST MY CONCERN AND MAYBE LEGAL HELP ME WITH THIS.

YOU KNOW? EVEN WHEN WE GET INTO THIS WITH JUST DOWNTOWN, I'VE GOT CALLS FROM DIFFERENT DOWNTOWN BUILDING OWNERS AND EVERYBODY ISN'T PLEASANTLY AND IN FAVOR OF THIS. AND THERE HAVE BEEN STATEMENTS LIKE, LEGALLY, CAN YOU ONLY FOCUS ON DOWNTOWN WITHOUT LOOKING AT OTHER VACANT BUILDINGS THROUGHOUT THE CITY? SO I DON'T THINK THAT THERE IS A SOLE FOCUS ON ON ONLY LIMITING THIS TO DOWNTOWN, AS, AS EVEN SAID THAT THE FOCUS IS REALLY ON ROLLING IT OUT IN AN AREA THAT'S BEEN OF A PRIMARY FOCUS TO COUNCIL. AND THEN GRADUALLY EXTENDING IT OUT TO THE CITY AS RESOURCES BECAME AVAILABLE, IT WAS IMPRACTICAL TO DO A CITYWIDE VACANT BUILDING REGISTRY, AND NOT BE ABLE TO FULLY ENFORCE IT. SO, HAVING HAVING A VACANT BUILDING REGISTRY FOR A CERTAIN AREA AND THEN ADDING ADDITIONAL AREAS TO EVEN JUST SEE, DOES IT WORK? IS IT IS IT ACCOUNTABLE? IS IT SOMETHING THAT'S SUSTAINABLE, IT'S SOMETHING THAT LEGALLY COUNCIL CAN DO, JUST MAKING SURE THAT IT'S NOT SINGLING OUT AN INDIVIDUAL OR INDIVIDUAL BUSINESS OWNERS.

OKAY. AND MY SECOND THING IS, YOU KNOW, I KNOW WE HAVE A LOT OF DOWNTOWN, VACANT BUILDINGS, BUT WE ALSO HAVE A DOWNTOWN COMMITTEE OR MAYBE A DOWNTOWN TOWN HALL. HAVE WE COMMUNICATED TO THE BUILDING OWNERS DOWNTOWN BECAUSE WE GOT EMAILS AND THINGS OF THIS MAGNITUDE OF PEOPLE AND CONFUSED ABOUT HOW IT'S GOING ON? I'VE GOT PHONE CALLS AS WELL. HOW ARE WE KIND OF COMMUNICATING? HAVE WE TALKED TO THE DOWNTOWN COMMITTEE? HAVE WE HAD A DOWNTOWN TOWN HALL? I JUST WANT TO MAKE SURE WE ARE COMMUNICATING. YEAH I DID SEND OUT LETTERS TO EVERY PROPERTY OWNER THAT WAS LISTED ON DJCAD OR THE JEFFERSON COUNTY APPRAISAL DISTRICT, LETTING THEM KNOW THAT THE VACANT BUILDING REGISTRY BACK ON AUGUST 20TH, I BELIEVE THAT WAS THE DATE WHENEVER IT WAS ORIGINALLY BROUGHT TO COUNCIL. I SENT OUT A ROUND OF LETTERS, JUST LETTING THEM KNOW THAT WHAT'S BEING CONSIDERED. WE DID POST THE DRAFT, VACANT BUILDING REGISTRY ONLINE, AND THAT LINK WAS IN THERE SO THAT THEY COULD ALSO NAVIGATE THERE. THEY CAN READ OVER THE ORDINANCE, BASICALLY INVITING THEM TO THE PUBLIC HEARING. WE SENT OUT ANOTHER WHEN THAT WAS TABLED, THE LAST TIME, WE SENT OUT ANOTHER ROUND OF LETTERS AS FAR AS THE DOWNTOWN ADVISORY COMMITTEE, I BELIEVE THAT WE'RE WORKING ON SETTING UP A DATE FOR THAT. WE HAVE NOT BEEN ABLE TO GET WITH THEM, THOUGH WITH THE DOWNTOWN ADVISORY COMMITTEE. BUT THE DOWNTOWN ADVISORY COMMITTEE WAS ESTABLISHED SPECIFICALLY FOR DEVELOPING THE VISION FOR DOWNTOWN, NOT NECESSARILY FOR DOWNTOWN ENFORCEMENT OR FOR ME. I WOULD FEEL A LOT MORE COMFORTABLE EVEN WHEN WE CHANGED OUR CODES. WHEN WE WENT TO THE INTERNATIONAL CODE CHANGE, WE ACTUALLY DID HAVE A TOWN HALL SPECIFICALLY DEALING WITH THOSE CONTRACTS TO LET THEM KNOW WHAT'S GOING ON. I THINK IF WE'RE MOVING IN THIS DIRECTION, I THINK IT'S VERY IMPORTANT THAT WE ACTUALLY COMMUNICATE EFFECTIVELY WITH THE PEOPLE WHO WILL AFFECT THE MOST. AND AS OF RIGHT NOW, I'M NOT HEARING MEASUREMENTS OUTSIDE OF LETTERS OF HOW WE'VE ACTUALLY

[02:05:02]

COMMUNICATED. UNDERSTAND IT'S A SENSITIVE THING BECAUSE IT'S BEEN IN EXISTENCE FOR MULTIPLE YEARS, BUT IT HASN'T BEEN ENFORCED. THIS COUNCIL HAS TAKEN A STRONG STANCE TO ENFORCE IT, BUT THESE BUILDING OWNERS HAVE BEEN ABLE TO GET AWAY WITH THIS FOR ALL THESE YEARS. I THINK WE NEED TO DO A BETTER JOB COMMUNICATING OUTSIDE OF THE LETTERS. JUST JUST MY PERSPECTIVE. I GOT YOU AND I WILL SAY TO THAT EXTENT, YOU KNOW, WE SENT OUT THOSE LETTERS, BUT WE DID RECEIVE A PHONE CALLS AND STUFF. SO I KNOW THE LETTERS DID LAND. I THINK WE RECEIVED A 16, UNRETURNED OR A RETURNED MAIL, SO SEEMED LIKE THE WE SENT OUT ABOUT 300 LETTERS, BUT WE DID RECEIVE SOME PHONE CALLS. SO IT'S NOT THAT IT DIDN'T GET THERE. IT CERTAINLY WAS DELIVERED. I DON'T I DON'T KNOW HOW EVERYBODY ELSE FEELS, BUT I JUST WOULD FEEL MORE COMFORTABLE IF WE HAD A BETTER LAYER OF COMMUNICATION OUTSIDE OF THOSE LETTERS. RIGHT WAS THIS THE MODEL THAT WE USE? THE ORDINANCE? IS THIS MODELED IN ANY OTHER TEXAS CITY WHERE IT'S BEEN TESTED BY LAW AND BEEN UPHELD? AS FAR AS BEING TESTED BY LAW? I'M NOT SURE, BUT I DO KNOW THAT IT WAS MIRRORED OFF OF MANY CITY TEXAS CITIES. SO THIS ISN'T NEW TO TEXAS. THIS IS SOMETHING THAT HAS BECOME A TREND IN SEVERAL CITIES. AS YOU SAW IN THE PROPOSED FEES.

SEVERAL OTHER CITIES DO THAT. SO WHAT I WILL SAY IS THAT SOUTHEAST TEXAS IS UNIQUE IN THE SENSE THAT WHAT BOTHERS SOMEONE IN SAN ANTONIO AND DALLAS MAY NOT BOTHER SOMEONE IN SOUTHEAST TEXAS. WHAT DOESN'T BOTHER SOMEONE IN DALLAS OR PROSPER? TEXAS WILL DEFINITELY, YOU KNOW, RAISE A HAIR IN SOUTHEAST TEXAS. SO WHETHER OR NOT IT'S BEEN TESTED AND APPROVED, THERE IS KIND OF WHAT WE LOOK AT AND TRY TO DETERMINE HOW WE CAN IMPROVE BASED ON WHAT THE COURTS SAY, BUT WHEN IT HASN'T HAPPENED, IT'S ONE OF THOSE SITUATIONS WHERE IT DOESN'T MEAN SOMETHING, YOU KNOW, ON ITS FACE CAN BE JUST BE CONSTITUTIONAL UNTIL IT'S DETERMINED THAT IT'S NOT SO THERE HASN'T BEEN, ANY LITIGATION FROM ANY OF THE OTHER CITIES THAT HAVE PUT FORTH THIS, NOT TO SAY THAT THERE HASN'T BEEN SOME CLAIMS OR SOME GRIPES WHERE THEY HAD TO KIND OF WORK WITH THOSE INDIVIDUAL PROPERTY OWNERS, BUT FOR ALL WE KNOW, THERE HASN'T BEEN ANY LIKE LANDMARK CASES THAT HAVE COME OUT TO SAY THAT YOU CAN'T DO THIS. OKAY. THANK YOU. AND I WILL ALSO TO ADD THAT MOST CITIES DID ROLL THEIR, ROLL THEIR ORDINANCE OUT IN PHASES AND SO WERE THEY SPECIFICALLY. IT WAS IT WAS A CITYWIDE THING, BUT THEY TARGETED ENFORCEMENT FOR THE FIRST YEAR ON A SPECIFIC AREA AND THEN ADDED ENFORCEMENT TO SUBSEQUENT AREAS OF THE CITY.

THANK YOU, COUNCILMAN, THANK YOU MAYOR. JUST A SIDE NOTE, COUNCILMAN GAETZ, YOU WERE TALKING ABOUT CAMERAS AND POWER AND INTERNET, THE TECHNOLOGY TODAY IS AMAZING. OF COURSE, I'M LOOKING AT CAMERAS THAT I HAVE ON MY DEER LEASE RIGHT NOW. AND SEEING FERAL HOGS EATING MY DEER CORN. THAT COST ME $10 A BAG. SO YOU KNOW, YOU YOU GET THROUGH CELLULAR SERVICE, YOU CAN HAVE A CAMERA. BUT AND COUNCILMAN TURNER, YOU KNOW, TOLD ME ABOUT A REGISTRY ACROSS THE CITY. I KNOW FOR ME, ONE OF THE DIFFERENCES, THE THING THAT SETS DOWNTOWN APART IS THAT THIS IS A HIGH CONCENTRATION OF BUILDINGS WHERE THEY TOUCH. SO WHEN YOU'RE BUILDING TOUCHES MY BUILDING, WHAT YOU DO IN YOUR BUILDING IS MY BUSINESS NOW. AND SO THERE'S THE DIFFERENCE BETWEEN LET'S SAY, ON 11TH STREET, WHERE THE BUILDINGS DON'T TOUCH. AND SO FOR ME, THAT'S WHY DOWNTOWN IS UNIQUE. AND SO DEMI GO BACK IF YOU WOULD ON THE SCREEN WHERE YOU HAD THE FEES. MY CONCERN FROM THE VERY BEGINNING HAS ALWAYS. THANK YOU. TINA, I'M SO SORRY, BUT I'LL JUST ASK YOU WITHOUT IT, YOU YOU YOU SAID THAT OUR FEES ARE $600. FIRST YEAR AND THEN HALF AND THEN HALF, AND HALF, AND YOU CALCULATE IT OUT. IT TAKES TEN YEARS TO REACH 20,000. OKAY NOW, THIS IS ONLY FOR VACANT BUILDINGS, SO WE HAVE TO MAKE THAT CLEAR TO EVERYONE. BUT I NOTICED THAT SAN ANTONIO WAS, WELL, WE'RE THE HIGHEST ONE OKAY. IT'S PRETTY STRONG. AND THAT'S ALWAYS BEEN MY CONCERN THAT WE'RE AT 600 HALF, HALF, HALF TO 20,000. KILLEEN IS 500.

AND THEN A $5,050 INCREASE EVERY EVERY YEAR THEREAFTER. SO AGAIN OURS IS PRETTY STRONG. AND HOW DO WE REACH THAT CONCLUSION TO BE THAT STRONG? YEAH. SO WHEN WE DO BLIGHT MITIGATION TO BUILD THESE LARGE BUILDINGS SPECIFICALLY FOR DOWNTOWN, IT GETS VERY COSTLY, AND THAT'S, YOU KNOW, PRICE OF WOOD PAINT, YOU KNOW, THE EQUIPMENT THAT YOU MIGHT NEED TO SCALE THAT SOME OF THE BUILDINGS TO GET THE, TO GET THE WINDOWS BOARDED, INCLUDING DEMOLITION, YOU KNOW, RECEIVED A QUOTE FOR THE GILBERT BUILDING WHEN THAT CAME ABOUT, THAT'S ABOUT $396,000 TO DEMO THAT

[02:10:03]

BUILDING. AND THAT'S NOT INCLUDING WHAT COULD BE IN THE BASEMENT, SO IT'S THESE KINDS OF, OF COSTS THAT ARE ASSOCIATED TO VACANT STRUCTURES. THE CATASTROPHIC EVENT OF THE GILBERT BUILDING GOING FAR. AND I FEEL LIKE I'M CALLING OUT THE GILBERT BUILDING. IT'S JUST THE MOST RECENT EVENT THAT I HAVE TO REFERENCE, BUT THAT'S A SIX FIGURE FIRE. SO, YOU KNOW, IT I, IT IS A LARGE, A LARGER FEE THAN MOST. BUT I DO FEEL IT'S IT IS WARRANTED IN REGARD TO WHAT THE COSTS ARE WITH VACANT STRUCTURES. FOR I'M TRYING TO REMEMBER EXACTLY WHAT THE CITY IS. SO, LIKE, IF YOU GUYS EVER DID WANT TO ROLL THIS OUT CITYWIDE, CITYWIDE. THEY SCALED THEM ON DIFFERENT. YOU KNOW, IF THIS IS A COMMERCIAL STRUCTURE, IT'S THIS PRICE. IF IT'S A SINGLE FAMILY HOME, IT'S $50. YOU KNOW, IT CAN VARY. SO IN REGARD TO THIS FEE, THOSE FEES WERE BASED OFF OF THE BLIGHT MITIGATION. THE CALLS FOR SERVICE, THE THINGS THAT WE HAVE TO DO DOWNTOWN, TO OFFSET THE COSTS. AND THEN I MAY HAVE OVERLOOKED IT. I WENT THROUGH THE DOCUMENT 2 OR 3 TIMES, AND I COULD HAVE OVERLOOKED IT. BUT AT THE MINIMUM, WHEN YOU GET THEIR MINIMUM THAT'S REQUIRED, THERE IS NO FIRE ALARM, IF I UNDERSTOOD CORRECTLY, IS THAT TRUE? SO I BELIEVE I WOULD HAVE TO HAVE THE FIRE CHIEF TALK TO THE FIRE CODE. I THINK IF THERE'S EXISTING. WELL, I'LL LET HIM TALK TO THAT. AS FAR AS WHAT'S REQUIRED IN THERE, THERE'S A STANDARD OF CARE ON 24.09 .006 OF THIS REGISTRY, KIND OF GOES THROUGH AND IT TALKS ABOUT ALL THE THINGS THAT, YOU WOULD HAVE TO KEEP UP AND LET ME GO TO. YEAH. SO BOTH INTERIOR AND EXTERIOR AREAS OF THE PROPERTY SHALL BE KEPT FREE OF ACCUMULATIONS OF JUNK, TRASH, DEBRIS, COMBUSTIBLE OR OTHER MATERIALS THAT WOULD CONSTITUTE AS UNSAFE, UNSANITARY OR UNSIGHTLY CONDITION OR APPEARANCE. OWNERS OF VACANT STRUCTURES SHALL REMOVE ALL COMBUSTIBLES AS DEFINED BY THE FIRE CODE. SO FIRE CODE MAY REQUIRE, FIRE ALARMS IF THEY'RE EXISTING, THROUGH THEIR CODES. HOWEVER, THIS, WOULD NOT SPECIFICALLY CALL OUT FIRE ALARMS, BUT I DON'T KNOW. HE'S NOT HERE. I CAN GET YOU THAT ANSWER, THOUGH. WELL, BECAUSE I KNOW ONE OF OUR MAIN CONCERNS ABOUT DOWNTOWN, AGAIN, THE GILBERT BUILDING IS FIRE AND BUILDINGS TOUCHING ONE ANOTHER. SO IN MY MIND, I WAS THINKING THE MINIMUM WOULD INCLUDE SECURING THE BUILDING ADEQUATE LIGHTING, PERHAPS CAMERAS, FIRE ALARM, JUST. BUT YOU COULD GET BACK. GET BACK TO US WITH THAT. YEAH. AND AGAIN YOU KNOW, THIS IS KIND OF TO WORKSHOP IT. WE WERE THERE IS A CONSIDERATION AFTER. BUT YOU KNOW, IF THERE'S ANYTHING THAT YOU WANT TO ADD, SUBTRACT, AMEND, YOU KNOW, IT'S THE IT'S THE WILL OF COUNCIL. WHAT? I LOOK TO THE COUNCIL. IS THERE ANYONE ELSE THAT PICKED UP ON THAT? AND AM I BEING OVERLY CONCERNED OR IS THIS A VALID POINT? I'M SORRY. PLEASE. WELL, YOU CAN SPEAK TO THAT, BUT AND THEN TWO, THE MINIMUM REQUIREMENT, REQUIRING SOME TYPE OF A FIRE ALARM IS THAT BEING IS THAT BEING TOO DEMANDING? BUT MOST, IF WE'RE REQUIRING A BURGLAR ALARMS, BURGLAR ALARM, FIRE ALARM, OR MONITORED BY THE SAME PEOPLE, THEY THEY KIND OF LIKE A ONE DEAL. IF THEY COME IN AND SAY, OH, IT'S A BURGLAR ALARM, I MIGHT COME IN AND SAY, WE GOT A FIRE ALARM, BUT CAN YOU GET A BURGLAR ALARM WITHOUT A FIRE ALARM? IT'S A CHOICE, I'M ASSUMING. SO AGAIN, IF WE DON'T STATE THAT, THEN THEY'RE NOT GOING TO DO IT. OR THEY THEY MIGHT NOT DO IT. BUT I YIELD TO THE COUNCIL. WE'VE GOT COUNCILMAN NEAL, THEN COUNCILMAN GOETZ AND COUNCILMAN DARIO. THANK YOU MAYOR. SO BACK TO COUNCILMAN TURNER'S QUESTION. PULL YOUR MIC OVER, BROTHER. THIS ONE SPECIFICALLY ADDRESSES THE CENTRAL BUSINESS DISTRICT, VERSUS THE REST OF THE CITY THAT COUNCILMAN TURNER WAS TALKING ABOUT. FIRST OF ALL, I'M ABOUT TO DISAGREE WITH OUR ATTORNEY. I DON'T THINK THAT THIS IS ENFORCEABLE THE WAY THAT IT'S WRITTEN. AND YOU SAID BEAUMONT'S DIFFERENT. AND I AGREE THIS WILL BE CHALLENGED HERE. SO WHAT I SAID WAS, IS HE ASKED, HAD IT BEEN LITIGATED AND IT HAS NOT.

AND THERE HAVE BEEN OTHER CITIES THAT HAVE ROLLED OUT SPECIFIC ORDINANCES RELATED TO SPECIFIC AREAS, AND WE'RE NOT CHALLENGED, DOESN'T MEAN THAT IT WON'T HAPPEN HERE. THAT WAS THE QUESTION. AND THAT WAS MY ANSWER. FAIR ENOUGH. BUT LIKE SECTION FOUR HERE UNDER THE ON THE LETTER OF INTENT, I MEAN, THE FIRST THING KIND OF STICKS OUT TO ME. IS IT REALLY ANY OF THE CITY'S BUSINESS? WHAT SOMEBODY WANTS TO DO WITH A BUILDING? AS FAR AS OCCUPANCY TO IF SOMEBODY WANTS TO BUY A BUILDING AND HAVE IT SIT VACANT, THEY CAN DO THAT. BUT NOW WE'RE GOING TO WE'RE GOING TO FINE THEM $20,000 A YEAR. IF IT'S WITHIN THE CENTRAL BUSINESS DISTRICT. BUT AS FAR AS $20,000 A YEAR, THAT THAT WOULD BE IF IT'S VACANT FOR TEN YEARS. BUT

[02:15:04]

SOME OF THESE BUILDINGS HAVE BEEN VACANT MY WHOLE LIFE. YEAH. AND I THINK THAT WAS THE GENERAL CONCERN, YOU KNOW, VACANCY CAUSES. AND THESE ARE THE CONCERNS THAT I'VE HEARD FROM Y'ALL OVER TIME, IS THAT VACANCY CAUSES TRESPASS OR CAN ATTRACT JUST TRESPASSING. IT CAN CAUSE CATASTROPHIC EVENTS, AS WE SAW IT CAN INCREASE SOME CALLS FOR SERVICE, DEFINITELY BLIGHT MITIGATION AND ENFORCEMENT, SO I MEAN, AS IF THESE BUILDINGS ARE OCCUPIED, THE ONES THAT ARE OCCUPIED, WE TYPICALLY DON'T HAVE THESE CONCERNS OR THESE OR AS MANY CONCERNS OF THIS. SO ENCOURAGING OCCUPANCY, I DON'T THINK WOULD BE UNFAIR OR OUT OF IT WOULDN'T BE CRAZY TO ENCOURAGE OCCUPANCY IN THIS AREA, GIVEN THE DENSITY OF THE BUILDINGS, THE SIZE OF THE BUILDINGS AND THEIR THEIR HISTORIC VALUE TO THE CITY OF BEAUMONT. SO WHAT ABOUT THE VACANT BUILDINGS THAT HAVE BEEN FOR SALE FOR YEARS? YEAH, THEY WOULD BASICALLY THEY WOULD REGISTER UNDER THE VACANT BUILDING REGISTRY AND THEN WE'D HELP THEM OUT EVERY WAY WE CAN.

WE HAVE BEAUMONT MAIN STREET, WHERE WE CAN. YOU KNOW, TOM BELL CAME AND SPOKE. WE NOW HAVE AN ECONOMIC DEVELOPMENT MANAGER THAT CAN REACH OUT TO THOSE INDIVIDUALS, LET THEM KNOW OF INCENTIVES THAT THEY CAN RECEIVE, SHOULD THEY OCCUPY THOSE BUILDINGS WITH DEVELOPMENTS THAT ARE ALIGNED WITH Y'ALL'S, GOALS AND POLICIE, BUT YEAH, ENCOURAGING OCCUPANCY WOULD OFFSET SOME OF THE, SOME OF THE ISSUES WE HAVE WITH VACANT STRUCTURES. ONCE AGAIN, I UNDERSTAND THE INTENT BEHIND IT, BUT I JUST I DON'T THINK IT'S ENFORCEABLE. MAYOR, IF I COULD.

YES. CAN I REAL QUICK JUST TOUCH ON THAT, YOU KNOW, AS WAS DISCUSSED BEFORE, BECAUSE OF THE SIZE OF THE BUILDING, THE HISTORIC NATURE OF THE BUILDING, THE DENSITY OF THE BUILDING, THE FACT THAT MANY OF THE BUILDINGS SHARE PARTY WALLS, THE IDEA THAT YOU CAN JUST BUY A BUILDING AND LET IT SIT AND IT DOESN'T BOTHER ANYBODY, I THINK AS WE SAW WITH THE GILBERT, IT DOES INVOLVE, YOU KNOW, FIREFIGHTERS, POLICE, MOST DEPARTMENTS OF THE CITY, PLUS ADJACENT BUILDINGS AND SO JUST ANECDOTALLY, I KNOW WE'VE GOT A CALL FROM SOMEBODY SAYING, HEY, I HEARD YOU'RE LOOKING AT A VACANT BUILDING REGISTRY. I'VE GOT A I GOT SOMEBODY WHO WANTS TO BUY THIS PROPERTY BECAUSE I DON'T WANT TO FOOL WITH THAT. AND LIKEWISE, YOU HAVE YOU ENCOURAGE INVESTMENT IN THE BUILDING, WHICH MAKES IT MORE LIKELY FOR SOMEBODY TO OCCUPY IT, SELL IT, BUY IT, PUT IT BACK ON THE TAX ROLLS, GET IT OCCUPIED. BUT YES, JUST TO LET IT SIT YEAR AFTER YEAR, IT BECOMES LESS AND LESS AND LESS LIKELY THAT ANYTHING WILL EVER BE DONE WITH THE BUILDING.

COUNCILMAN GETS YOU DONE AS A HOME RULE CITY. I THINK WE HAVE A LOT OF AUTHORITY TO ADOPT ORDINANCES, AND AS LONG AS IT'S WITHIN OUR CONSTITUTION AND DOESN'T RUN AFOUL OF STATE LAW, I THINK THAT WE COULD PROBABLY DO A LOT HERE. I DO HAVE CONCERNS IN SOME AREAS, THOUGH.

BELIEVE IT OR NOT, WE DO HAVE RESIDENTIAL STRUCTURES DOWNTOWN. FOR INSTANCE. THE TOWNHOMES THAT WE HAVE BEHIND, THE CATHEDRAL SQUARE TOWNHOMES. AND IF ONE OF THOSE IS FOR SALE AND IT'S SAT THERE FOR A FEW MONTHS, IT WOULD ARGUABLY FALL UNDER THE DEFINITION OF A VACANT STRUCTURE HERE. SO ARE WE ASKING, YOU KNO, A HOMEOWNER DOWNTOWN TO BE REQUIRED TO PAY THESE SAME FEES THAT A COMMERCIAL BUILDING OWNER IS ALSO TALKED ABOUT? BUILDINGS THAT ARE BEING USED FOR STORAGE OF FILE FILES. AND YOU MENTIONED THE REMOVAL OF COMBUSTIBLE MATERIALS, FILES OR PAPER.

THEY'RE COMBUSTIBLE. WOULD THAT BE A USE THAT WOULD NOT BE ALLOWED? STORAGE OF FILE MATERIALS UNDER THIS AS IT, AS IT PASSES A FIRE INSPECTION? I DON'T SEE HOW THAT THEY WOULD VERIFY WHETHER, YOU KNOW, THAT COULD BE COMBUSTIBLE OR IF YOU'RE STORING IT IN SUCH A WAY.

WELL, I'M JUST GOING BY THE LANGUAGE PROPOSED HERE IN THIS ORDINANCE BECAUSE UNDER UNDER THIS, IT'S A COMBUSTIBLE MATERIAL. AND, YOU KNOW, SO YOU HAVE THAT, ISSUE OF CONCERN. I AM I AM LESS CONCERNED ABOUT GENERATING REVENUE OFF OF FEES, AND INSPECTIONS THAN I AM WITH GETTING BUILDING OWNERS TO DO SOMETHING WITH THEIR BUILDINGS, AS COUNCIL MEMBER NEAL HAS SAID.

AND I AGREE, SOME OF THESE BUILDINGS HAVE SAT FOR YEARS. YOU'VE GOT BUILDINGS THAT ARE NOT FOR SALE THAT ARE DILAPIDATED AND CONTINUE TO DETERIORATE, THAT ARE ACCESSIBLE

[02:20:07]

TO THE PUBLIC, OR TO TRESPASSER, NO INDICATION THAT ANY PATH FORWARD IS GOING TO HAPPEN AT ANY TIME SOON. THERE'S 3 OR 4 BUILDING OWNERS THAT FALL IN THAT CATEGORY OF OWNERS OF THE STRUCTURES LIKE THIS. I HATE TO, YOU KNOW, BURDEN RESPONSIBLE BUILDING OWNERS WITH THE SAME TYPE OF, FEES THAT WE'RE LOOKING AT DOING. THE ONES THAT ARE NOT RESPONSIBLE. BUT, YOU KNOW, WE'VE GOT TO DO SOMETHING ABOUT THESE VACANT BUILDINGS DOWNTOWN. I APPLAUD YOUR EFFORTS OF TRYING TO DO SOMETHING LIKE THIS. I DO THINK IT'S ENFORCEABLE, YOU KNOW, AND IF SOMEBODY WANTS TO SUE US, I MEAN, YOU CAN GET SUED JUST BY GOING AND PAYING A FILING FEE AND HAVING SOMEBODY SERVE. THANK YOU, COUNCILMAN DARIO. I JUST WANT TO ADDRESS WHAT, COUNCILMAN PHIL SHAW SAID ABOUT WHY IS THIS ORDINANCE SO STRONG? MORE THAN ONE OCCASION, SOME OF US ON COUNCIL SAID WE NEEDED AN ORDINANCE WITH TEETH THAT WOULD MOTIVATE PEOPLE TO DO SOMETHING WITH THEIR BUSINESS.

AND I ALSO GIVE FOLKS IN THEIR BUILDINGS, ALSO GIVE THEM INCENTIVE TO IMPROVE THEIR BUILDINGS OR SECURE THEM OR WHATEVER. AND THESE ARE, COMPLIMENTS YOU, STAFF ON ON BRINGING US EXACTLY WHAT SOME OF US ASKED FOR, FOR MOTIVATION SO FOLKS COULD TAKE ACTION IN IMPROVING THEIR BUILDINGS OR SELLING THEM OR SECURING THEM. AND THAT'S THAT'S WHAT THIS IS.

SO THAT'S THAT'S WHY I THINK THAT IT'S SO STRONG. BECAUSE THAT'S WHAT SOME FOLKS ON COUNCIL ASK Y'ALL TO BRING US. THANK YOU, COUNCILMAN DARIO. COUNCILMAN FELLOW COUNCILMAN NEAL, I THINK I FEEL WITH YOU. I I'M HESITANT WHEN IT COMES TO GOVERNMENT OVERREACHING THAT THAT ALWAYS CONCERNS ME WHEN I FEEL LIKE GOVERNMENT IS OVERREACHING INTO INTO PRIVATE SECTOR. I GET THAT, BUT AGAIN, FOR ME, DOWNTOWN IS DIFFERENT IN THE SENSE THAT YOU KNOW, IF YOU WANT TO PLAY IN THIS SANDBOX, YOU GOT TO PLAY BY THESE RULES. YOU DON'T HAVE TO. BUT THAT'S THE WAY IT IS IN DOWNTOWN. IT'S LIKE IF YOU WANT TO LIVE ON THE BEACH, THAT'S FINE, BUT YOUR INSURANCE IS GOING TO BE HIGHER. YOU CHOOSE TO DO THAT. SO IF YOU CHOOSE TO COME DOWNTOWN, YOU HAVE TO PLAY BY THESE RULES BECAUSE OF THE DENSITY OF THE BUILDINGS. AND JUST IN TRYING TO REVITALIZE DOWNTOWN NOW, THIS IS GOING TO BE PAINFUL FOR SOME OF THE OWNERS. NOW 20, 30 YEARS FROM NOW, IT'S GOING TO BE DIFFERENT BECAUSE EVERYONE THAT STARTS TO BUY DOWNTOWN, THEY KNOW ABOUT DOWNTOWN. I GOT TO RENOVATE THAT BUILDING. I'VE GOT TO FILL THAT BUILDING AND KEEP IT FILLED. THERE'S DIFFERENT RULES TO BE DOWNTOWN, SO I THINK THE REAL HIT IS RIGHT NOW. THIS IS THE PAINFUL MOMENT FOR PEOPLE. AND SO I THINK THAT, AT SOME POINT WE HAVE TO GET STARTED, THOUGH AT SOME POINT SOMEBODY HAS TO START THIS. SO 20 OR 30 YEARS FROM NOW, ANY DEVELOPER THAT WANTS TO COME DOWNTOWN, HE GOES, YOU KNOW WHAT, IF I BUY DOWN THERE, IF I BUY DOWNTOWN, THEY HAVE A REGISTRY. I'VE GOT TO MAKE SURE I CAN KEEP THAT BUILDING FILLED, OR ELSE THERE'S GOING TO BE THESE FEES AND THIS PROCESS. SO I AGREE FOR RIGHT NOW, IT'S GOING TO BE PROBABLY A LITTLE PAINFUL FOR SOME. BUT THE PEOPLE THAT WOULD BUY IT FROM THIS POINT FORWARD WOULD KNOW THE PEOPLE THAT ALREADY OWN BUILDINGS. I JUST AGREED, I DON'T THINK YOU CAN GO RETROACTIVE AND WIN IN COURT. I AGREE THAT IT'S GOING TO BE PAINFUL FOR THEM. YOU KNOW, BUT WE HAVE TO START AT SOME POINT, AND SO ARE YOU CALLING FOR SOME TYPE OF A GRANDFATHER? BECAUSE IF YOU DO, THEN THE BUILDINGS THAT ARE VACANT NOW ARE GOING TO REMAIN VACANT. AND THEREIN LIES OUR PROBLEM. OUR CHALLENGE. WE ENACT ORDINANCES ALL THE TIME THAT DON'T NECESSARILY GO RETROACTIVE BECAUSE THERE'S NO PENALTY FOR SOMEONE WHO'S OWNED A BUILDING FOR TEN YEARS AND IT'S BEEN VACANT. WE'RE NOT GOING TO AUTOMATICALLY START THEM AT THE HIGHER RATE. I'LL USE OUR GAMING ORDINANCE, FOR EXAMPLE, WHEN WE INTRODUCED THE GAMING ORDINANCE, WE HAD ALREADY IDENTIFIED SEVERAL GAME ROOMS THAT WERE OPERATING WITHIN THE CITY. AND WHAT WE DID IS THAT WE GAVE THEM, TIME TO COME IN, REGISTER AS A GAME ROOM AND IF THEY WERE ALREADY IN EXISTING, WE GAVE THEM ADDITIONAL TIME. AND I'M LOOKING OVER AT MISS GILBERT BECAUSE SHE KIND OF HEADED UP THAT SITUATION. BUT WE GAVE THEM ADDITIONAL TIME TO BRING THEIR, THEIR BUILDING INTO COMPLIANCE AND DO THE NECESSARY THINGS SO THAT THEY COULD, COME INTO COMPLIANCE BEFORE WE STARTED ENFORCEMENT. SO WE DIDN'T GO OUT DAY ONE AND SAY, BY THE WAY, HERE'S THIS NEW ORDINANCE. YOU'RE AN ILLEGAL GAME ROOM BECAUSE YOU'RE NOT REGISTERED AND START HITTING PEOPLE WITH FINES. WE DID ALLOW FOR TIME FOR THEM TO COME IN.

WHAT WE DID DO TO THAT SAME EXISTING SENSE IS THAT ANYONE WHO HAD A GAME ROOM AND AN AREA

[02:25:01]

THAT WE HAD DETERMINED BY ORDINANCE WAS NO LONGER AVAILABLE. THOSE INDIVIDUALS WERE GRANDFATHERED IN. WE DIDN'T MAKE THEM CLOSE THEIR BUSINESS, AND SO THERE WAS NO INTERFERENCE WITH THEIR BUSINESS. AND SO THIS PARTICULAR ORDINANCE DOESN'T IMPACT ANYONE WHO'S CURRENTLY EXISTING, IN THE WAY THAT A NEW ORDINANCE THAT WOULD REQUIRE ENFORCEMENT PENALTIES WOULD BE IN THE SAME. SO IT'S A LITTLE DIFFERENT IN THAT REGARD. SO GRANDFATHERING IN THIS REGARD WOULDN'T OFFER THE SAME BENEFITS AS WE DO IN SOME OTHER, IN SOME OTHER ORDINANCES, BECAUSE AS COUNCILMAN FELSHER POINTED OUT, THEY WOULD JUST, JUST HOLD THE BUILDING FOR IN PERPETUITY, BUT COUNCIL HAS PUT OUT A LOT OF THINGS THAT IF YOU IT IS ON THE AGENDA FOR CONSIDERATION TODAY, BUT THERE'S A LOT OF THINGS, COUNCILMAN. TURNER ASKED FOR A TOWN HALL. OBVIOUSLY, WE CAN'T DO THAT IN THE NEXT COUPLE OF MINUTES BEFORE APPROVING THE ORDINANCE. AND I'M ASSUMING HE WANTED THAT DONE PRIOR TO THE INTRODUCTION OF THE FIRST TIME. ASKING FOR THAT. YEAH, BUT I'M JUST I'M JUST I'M JUST SAYING I'M SURE HE WANTS THAT PRIOR TO THE INTRODUCTION. AND THEN THERE WERE SOME REQUESTS TO AMEND THE DEFINITION OF A BUILDING AND TO ESSENTIALLY REWORK THE ORDINANCE AS IT RELATES TO FEES AND ADDING ALARM SYSTEM. IF THAT'S THE CONSENSUS OF COUNCIL, THEN OBVIOUSLY STAFF WOULD NEED ADDITIONAL TIME TO GO BACK AND INCLUDE THAT. BUT INTERESTED TO HEAR. I GUESS THERE WAS A COMMENT ON FEES, BUT THERE WAS NO SUGGESTION ON WHAT COUNCIL WILL BE COMFORTABLE OR PALATABLE WITH THE SUGGESTION THAT $600 IS BASICALLY ON WHAT IT WAS CALCULATED TO COST STAFF WHENEVER WE, PUT FORTH FEES, IT'S ALWAYS BASED ON THE ORDINANCE BEING ABLE TO BE SELF FUNDED AND SELF ENFORCEABLE SO THAT, THERE'S NOT GOING TO BE A STRAIN ON THE BUDGET IN ORDER TO IMPACT THIS NEW ORDINANCE, AS YOU RECALL, WHEN WE PUT FORTH AND I'M JUST GOING TO USE THE GAME ORDINANCE AGAIN, WE PUT FORTH THE GAME ORDINANCE. WE HAD A REGISTRATION FEE, THAT WE PROPOSED BASED ON WHAT WE'D BEEN, WHAT WE THOUGHT WOULD COST TO ENFORCE THE ORDINANCE. AND COUNCIL REDUCED THAT, EXTREMELY LOW. AND THEN I THINK AFTER 3 OR 4 YEARS INTO THE ORDINANCE, WE NEEDED TO COME BACK TO COUNCIL AND SAY WE ARE LOSING MONEY TRYING TO ENFORCE OUR ORDINANCE. AND WE CAME FORTH WITH A NEW GAMING ORDINANCE THAT COUNCIL APPROVED WITH ADDITIONAL FEES BASED ON AFTER HAVING WORKED THAT ORDINANCE FOR SEVERAL YEARS. THIS WAS TANGIBLE DATA OF WHAT WE NEEDED TO ENFORCE THE ORDINANCE. I KNOW WE'VE GOT FOUR COUNCIL PEOPLE THAT HAVE RAISED THEIR HAND TO SPEAK, AND WE CAN PROCEED WITH THAT UNLESS WE'RE LOOKING TO PERHAPS TABLE THIS UNTIL WE HAVE A PUBLIC WORKSHOP. IF THERE'S AGREEMENT FOR THAT, I'D LIKE TO HAVE THE WORKSHOP TO. WELL, IT WOULD BE A TOWN HALL. SO IT'D BE A TOWN HALL, SO IT'D BE FOR THE PROPERTY OWNERS. BUT I THINK IN ORDER FOR US TO HAVE A SUCCESSFUL TOWN HALL, IT'S IMPORTANT FOR STAFF TO KNOW WHAT WE'RE PUTTING OUT SO THAT WE CAN SAY THIS IS SOMETHING THAT COUNCIL WANTED TO SEE. THEN GO FORTH AND PUT OUT THE TOWN HALL. IF YOU RECALL, WE DID THE TOWN HALL WITH THE PROPERTY OWNERS AFTER COUNCIL HAD SAID WE WERE ADOPTING THESE CODES, SO WE KNEW WHAT WE WERE PUTTING FORTH AND WHAT WE WERE PUTTING OUT. IT'S NOT FAIR TO PUT FORTH AN ORDINANCE, TO THE PROPERTY OWNERS AND THEN BRING IT BACK TO COUNCIL AND YOU'LL STILL HAVE CHANGES. SO IT'S REALLY INCUMBENT TO KNOW WHAT ALL Y'ALL WANTED TO SEE IN THIS ORDINANCE AND HOW Y'ALL WANT IT CRAFTED, SO THAT WHEN WE BRING IT FORTH FOR THE TOWN HALL, WE CAN MAKE SURE WE ALREADY HAVE THAT IN PLACE FOR THEM. I THINK THE ANNUAL REGISTRATION FEE BEING 600 WOULD BE SUFFICIENT WOULD BE MY SUGGESTION. INSTEAD OF GOING UP BY HALF EACH YEAR. ANY OTHER COMMENTS? AND FOR ME, ALL I RATHER I STICK TO JUST MAKING SURE WE'RE CLEAR ON ENFORCEABLE.

I GET, YOU KNOW, IT'S A GRAY AREA. IT'S NEVER BEEN DONE BEFORE. I JUST HATE TO WASTE STAFF TIME. AND Y'ALL DO ALL THIS EFFORT AND WORK AND WE HAVE AN ORDINANCE ON THE BOOK THAT CAN'T BE ENFORCED. SO IT'S NEVER BEEN DONE HERE, BUT IT HAS BEEN DONE IN TEXAS. IT HASN'T BEEN CHALLENGED, IN OTHER CITIES. BUT THAT DOESN'T MEAN THAT IT WON'T BE CHALLENGED HERE, WHENEVER YOU PUT FORTH A ORDINANCE OR DO ANYTHING, YOU AND I'LL JUST BE FAIR, LIKE, OUR GAMING ORDINANC, IS IN PLACE AND IT AND IT MIRRORS SOME OTHER CITIES GAMING ORDINANCE. IT DIDN'T GET FILED HERE, BUT IT GOT FILED IN OTHER PLACES AND WENT ALL THE WAY UP TO THE TEXAS SUPREME COURT AGAIN. WOULD BOTHER SOMEBODY IN A DIFFERENT AREA. MAY NOT BOTHER SOMEBODY HERE, BUT WE BUT OUR ORDINANCE ESSENTIALLY WAS INTACT WITH THE SAME ORDINANCE THAT WENT ALL THE WAY UP. IT WAS VERY, VERY SIMILAR, CONTRARY TO POPULAR BELIEF, CITIES ATTORNEYS TALK. RIGHT. SO WHEN WE START CRAFTING, WE START HAVING THESE ISSUES. IT'S NOT JUST AN ISSUE THAT'S SPECIFIC TO OUR AREA.

THERE ARE SEVERAL OTHER CITIES THAT ARE DEALING WITH IT. AND, YOU KNOW, THERE'S A CONCENTRATED EFFORT TO MAKE SURE THAT THERE'S AN ORDINANCE THAT COMES COMES FORTH THAT COULD BE USABLE AS A

[02:30:01]

TEMPLATE IN OTHER CITIES. BUT AGAIN, THAT PARTICULAR ORDINANCE THAT WAS IN EFFECT IN OUR AREA WASN'T CHALLENGED BY THE COURTS, BUT IT WAS CHALLENGED, IN OTHER AREAS. AND WE WAITED TO INCREASE OUR FEES UNTIL, AS COUNCIL MEMBERS, THAT CASE WAS FINALIZED BY THE TEXAS SUPREME COURT. SO I SAY ALL THAT TO SAY THAT JUST BECAUSE THIS HAS BEEN SUCCESSFUL IN OTHER AREAS AND HAS GONE UNCHALLENGED, DOESN'T MEAN THAT WE WON'T SEE CHALLENGES IN OUR AREA WHEN WE LOOK FOR AND WHEN WE DRAFT A GOOD ORDINANCE IS ONE IS IT IMPACTING A COMPELLING GOVERNMENTAL INTEREST? IN WHICH CASE IT IS? YES ARE WE DOING THAT WITHIN THE CONFINES OF THE STATUTORY REQUIREMENTS THAT WE HAVE AS A HOME RULE CITY? AND THE ANSWER IS YES. AND SO CAN WE DO IT, OR ARE WE DOING IT FOR THE RIGHT REASONS? OR TWO OF THOSE HIGH, HIGH FUNCTIONING AREAS? AND IN THIS IN THIS REGARD, THE ANSWER IS YES. SO THIS ISN'T A THIS ISN'T A NEW CONCEPT OR A NEW IDEA, THE CHALLENGE TO IT COULD POSSIBLY BE, SOME THINGS THAT WE MIGHT NEED TO LOOK AT THAT ARE SPECIFIC AND UNIQUE TO OUR AREA THAT WE MIGHT HAVE, BUSINESSES AND, AND PROPERTY, RESIDENTIAL PROPERTY. SO DO WE NEED TO MAKE OUR, OUR ORDINANCE SPECIFIC TO JUST COMMERCIAL PROPERTIES, WE MIGHT HAVE BUILDINGS THAT ARE VACANT AND FOR SALE, BUT ARE MEETING ALL THE BUILDING CODES.

SO DO OUR VACANT REGISTRY NEED TO BE LIMITED TO BUILDINGS THAT ARE SUBSTANDARD, SO THOSE ARE SOME THINGS THAT WE MIGHT NEED TO LOOK AT, IF THAT IS A CONCERN FOR COUNCIL OR JUST A CONCERN FOR THE INDIVIDUAL PROPERTY OWNERS DOWNTOWN. YES. I JUST MAKE SURE WE'RE MORE THAN PREPARED AND CAPABLE WHEN WE DO ROLL OUT THE ORDINANCE AND DO THE TOWN HALL. I KNOW Y'ALL NEED CLEAR DIRECTION, SO I UNDERSTAND THIS AREA IS UNIQUE, SO I WANT TO GET THE UNIQUENESS IN PLACE PRIOR TO ROLLING IT OUT BECAUSE I AM CONFIDENT AND I'M NOT OPPOSED TO IT. I AM STILL IN SUPPORT OF THE ORDINANCE, BUT I JUST WANT TO BE CONFIDENT THAT IT CAN UPHELD IN COURT IF WE NEED TO GO THAT DIRECTION. THAT'S ALL I'M ASKING FOR THIS PARTICULAR AREA. I AM CONFIDENT MORE THAN CONFIDENT PEOPLE PROBABLY WOULD CHALLENGE IT. I WANT TO MAKE SURE WE HAVE EVERYTHING IN PLACE. SO COURTS ARE INTERESTED IN UNIQUE AREAS, RIGHT? CITIES DON'T VOTE AND CITIES DON'T CONTRIBUTE TO CAMPAIGN FUNDS. BUT LOCAL PROPERTY OWNERS DO. SO I DON'T SEE ANYTHING UNCONSTITUTIONAL AS IT RELATES TO OUR ORDINANCE. I DO THINK THAT THERE TO COUNCILMAN DARIO'S POINT, IT IS STRONG AND IT'S VERY STRINGENT, AND IT THERE ARE SOME WAYS THAT IF COUNCIL SO CHOOSES THAT WE CAN MAKE THE ORDINANCE MORE PALATABLE, BUT YOU JUST YOU HAVE TO KNOW THAT THAT COMES WITH THE TRADE OFF. RIGHT, AND SO IF THE, IF THE CONCERN OF COUNCIL IS TO, MITIGATE BLIGHT VERSUS MITIGATE LITIGATION, YOU CAN KIND OF BALANCE THAT, BUT JUST KNOW THAT YOU CAN'T PLEASE EVERYBODY. THERE'S STILL GOING TO BE SOME PEOPLE THAT ARE NOT GOING TO BE SUPPORTIVE OF THAT. AND MAKING CONCESSIONS IN YOUR ORDINANCE FOR SOME, COULD STILL RESULT IN THAT. SOME FILING A LAWSUIT. I'M GOOD WITH IT. I JUST WANT THE TOWN HALL IS REQUESTED THE FIRST TIME. OKAY THEN WE GOT COUNCILMAN GOETZ AND COUNCILMAN DARIO. AND THEN IF WE WANT TO MAKE A MOTION TO ONE OF THE THINGS THAT I'M KIND OF INTERESTED IN IS. WE CURRENTLY HAVE BUILDING CODES ON THE BOOKS THAT APPLY TO THESE DOWNTOWN BUILDINGS THAT I THINK YOU WOULD AGREE, MANY BUILDINGS, ESPECIALLY THESE VACANT BUILDINGS, ARE NOT IN COMPLIANCE WITH. IS THAT A FAIR STATEMENT? IT'S FAIR. AND YOU'RE LOOKING AT THINGS ABOUT FIRE SAFETY SYSTEM, FIRE SUPPRESSION SYSTEMS. ADA REQUIREMENTS. YOU'RE LOOKING AT, BUILDINGS THAT HAVE NO ELECTRICITY. WHY CAN'T WE ENFORCE OUR CURRENT CODES WITHOUT GOING TO THIS? BECAUSE AS I UNDERSTAND IT, EACH DAY OF VIOLATION CONSTITUTES A SEPARATE OFFENSE, WHICH COULD GET VERY, VERY EXPENSIVE FOR BUILDING OWNERS THAT CHOOSE NOT TO COMPLY WITH OUR CURRENT BUILDING CODES.

WHY ISN'T THAT ENOUGH? BEFORE WE EVEN GO TO THIS STEP? YEAH. SO WE HAVE WE HAVE THE CODES. A LOT OF IT IS BASED OFF OF OCCUPANCY AND WHATNOT. SO LIKE WE USE OUR EXISTING BUILDING CODE AND FOR A LOT OF WHAT WE'RE DOING DOWNTOWN RIGHT NOW, BUT AS FAR AS THE AMOUNT OF STAFF TIME IT TAKES, THE AMOUNT OF, CITY RESOURCES IT TAKES TO ENFORCE THOSE CODES, THE VACANT BUILDING REGISTRY WOULD AID IN THAT, AND IT WOULD PARTNER WITH IT TO ENCOURAGE OCCUPANCY OF THESE BUILDINGS. SO WE DO WE CAN OFFSET THESE THESE COSTS TO BLIGHT MITIGATION. I GET WORD THAT YOU'RE TRYING TO

[02:35:03]

GET REVENUE IN TO HELP OFFSET THE EXPENSE OF ENFORCING IT. I GET THAT, BUT YOU CAN GO TO SOME OF THESE EMPTY BUILDINGS AND SEE PRETTY QUICKLY THAT THERE ARE VIOLATIONS OF CODE. AND I MEAN, THAT'S WHAT YOUR DEPARTMENT IS HERE FOR. YOU KNOW, WE ALREADY HAVE INSPECTORS ON STAFF. FOR DECADES, WE JUST HAVE NOT BOTHERED WITH ENFORCEMENT OF THESE CODES. AND AS A RESULT, THESE BUILDINGS HAVE SAT AND CONTINUED TO DETERIORATE. I CAN LOOK AT THE HOTEL BEAUMONT WHEN THE CITY OF BEAUMONT, OUR CITY, OWNED THAT BUILDING. AND, YOU KNOW, WHEN WE WENT TO SELL IT, WE SOLD IT AND IT WAS IN A REALLY, REALLY NICE CONDITION, IT'S IN A VERY DIFFERENT CONDITION NOW, THE CITY OF BEAUMONT OWNED THE GILBERT BUILDING, AND, YOU KNOW, WE WERE NOT ABLE TO DO ANYTHING WITH IT. AND IT SAT AND SAT AND WE FINALLY FOUND A BUYER. AND OF COURSE, THEY DIDN'T DO ANYTHING WITH IT EITHER, IT'S A TRAGEDY WHAT HAS HAPPENED TO DOWNTOWN, BUT A LOT OF IT IN MY VIEW, FALLS AT OUR OWN FEET BECAUSE WE HAVE NOT ENFORCED OUR CODES THAT ARE CURRENTLY EXIST AND NOW WE'RE LOOKING AT THIS AS IF IT WILL BE A MAGIC BULLET. BUT YOU KNOW, I STILL CAN'T GET PAST WHY ARE WE NOT ENFORCING THE BUILDING ORDINANCES THAT WE CURRENTLY HAVE? YEAH. AND AS YOU GUYS KNOW, WE DID THAT, THAT PRESENTATION ON THE DOWNTOWN CODE ENFORCEMENT UPDATE, THAT'S STILL GOING ON. THEY ARE WITHIN THE 150 DAY WORK PROGRAM PERIOD.

HOPEFULLY WE'LL SEE SOME MOVEMENT THERE. I WILL SAY THAT YES, WE DO HAVE THOSE BUILDING CODES THAT WE ADOPTED AND WE AR, ENFORCING THEM AT THIS TIME. AS FAR AS WHAT HAPPENED TO THE PAST, I'M NOT SURE. BUT PRESENTLY WE ARE WE ARE, WE ARE. I'M SORRY I GOT DISTRACTED. WE ARE SORRY. NO IT'S OKAY, WE ARE ENFORCING THOSE CODES NOW, AS FAR AS WHEN YOU SAY YOU'RE ENFORCING THEM, YOU'RE TALKING ABOUT A 150 DAY WORK PROGRAM, WHICH YOU AND I BOTH KNOW THAT SOME OF THESE BUILDING OWNERS ARE NOT GOING TO DO ANYTHING IN THAT 150 DAY PERIOD. AND WE'RE GOING TO REACH THE END OF THAT PERIOD. WE'RE GOING TO BE NO FURTHER ALONG THAN WE WERE AT THE BEGINNING OF THAT PERIOD. AND THEN WHAT DO WE DO? WELL, AND THAT'S WHERE ALSO THE VACANT BUILDING REGISTRY IS COUPLED WITH THAT, BECAUSE WHILE THE BUILDING CODES ADDRESSES THINGS THAT ARE IN VIOLATION, WHICH THOSE, THOSE IF THEY'RE STILL IN VIOLATION, THEN WE WOULD YOU KNOW, COME FORWARD AND FILE CHARGES AND THEN PURSUE THE DUE PROCESS, BUT AS FAR AS OCCUPANCY, OUR BUILDING CODES DON'T DON'T ENCOURAGE OCCUPANCY. AND THAT'S WHERE THESE TWO ITEMS WOULD WORK IN CONCERT. BUT ALL TO SAY, YOU KNOW, WE CAN GET THESE BUILDINGS UP TO CODE, BUT THEY COULD REMAIN VACANT, AND IF SOMEONE WANTS TO PAY WHATEVER THE FEE IS THAT YOU ALL SET FOR YEAR AFTER YEAR, THEY CAN DO THAT, THIS THIS ORDINANCE WOULD BE TO ENCOURAGE OCCUPANCY AND TO OFFSET THE COST, AS DISCUSSED. WELL, THE LAST THING I'LL SAY, I'LL SAY ABOUT THIS IS, I THINK A BUILDING UP TO CODE IS MUCH MORE LIKELY TO BECOME OCCUPIED. AND INSTEAD OF, STAY VACANT. YES SIR. I'D LIKE TO SEE. I'LL GO TO COUNCILMAN SAMUEL, THEN CITY MANAGER, AND THEN COUNCILMAN DARIO PUSH TO THE END OF THE LINE AGAIN. YOU CAN'T HEAR ME. YOU YIELDED TO YOUR ELDER. I JUST SAY THANK YOU TO STAFF. THANK YOU FOR WHAT YOU'VE DONE. WE GAVE A DIRECTION. I'VE SAT HERE FOR 30, 30 YEARS. WE'VE WE'VE TALKED ABOUT WHAT WE WANT TO SEE DOWNTOWN. WE'VE TALKED ABOUT HOW WE GET THERE. AND IT SEEMS LIKE WE ALWAYS GET TO A POINT THAT IT'S PUSHED OFF AGAI.

SO, STAFF HAS DONE A GREAT JOB. YOU'VE BROUGHT WHAT WE ASKED FO, IT'S TIME FOR US TO MAKE A DECISION AS TO WHETHER WE WANT TO CONTINUE IN THE DIRECTION WE'RE GOING, OR WHETHER WE'RE JUST GOING TO PUSH IT OFF TO THE SIDE AGAIN AND TAKE ANOTHER 25, 30 YEARS AND LOOK AT DOWNTOWN BEAUMONT. GREAT. MR. CITY MANAGER, THANK YOU. MAYOR, JUST A COUPLE OF THINGS AND

[02:40:02]

INSPECTING BUILDING CODES. THEY'RE MORE IN PLACE TO GET TO INSPECT PLACES YOU CAN GAIN ACCESS TO. VACANT BUILDINGS ARE TYPICALLY. IT'S HARD TO ACCESS, AND THERE'S ONLY TWO WAYS YOU CAN ACCESS THEM. OTHERWISE, THAT'S WITH THE PERMISSION OF THE PROPERTY OWNER OR SEARCH WARRANT OR WARRANT. YOU JUST CAN'T GO IN AND INSPECT A BUILDING BECAUSE YOU THINK IT'S UNSAFE. OR UNLESS YOU KNOW SOMETHING THAT'S AN EMERGENCY. SO IT'S I THINK THE WHOLE THING IS ABOUT SUSTAINABILITY. THIS PROGRAM IS ABOUT SUSTAINABILITY. BEING ABLE TO PUT SOMETHING IN PLACE THAT'S GOING TO GO PAST NOW, TODAY INTO A LONG RANGE PROGRAM TO REJUVENATE, REVITALIZE DOWNTOWN. IT'S ABOUT ECONOMICS, THE ECONOMIC VIABILITY OF DOWNTOWN AND PUTTING IT IN A PLACE TO BE SUCCESSFUL, SO WE JUST HAVE TO YOU CAN'T JUST SAY THIS IS LIKE REGULAR BUILDING INSPECTIONS. THIS GIVES YOU A TOOL THAT YOU CAN USE TO BE ABLE TO ACCESS VACANT BUILDINGS OR BUILDINGS. YOU DON'T HAVE, SOMEBODY WON'T LET YOU INTO, TO BE ABLE TO INSPECT. AND I GUESS I DO HAVE A QUESTION ABOUT THE TOWN HALL MEETING, TOO, WHAT'S THE PURPOSE YOU'D BE LOOKING FOR, COUNCIL MEMBER TURNER? BECAUSE WE CAN HAVE TOWN HALL MEETINGS. WE DON'T WANT IT TO JUST TURN INTO STAFF GETTING ATTACKED ABOUT WHY WE'RE DOING THIS. YOU KNOW? IS THERE A PURPOSE WITH SOMETHING WE WANT TO ACCOMPLISH WITH THAT TOWN HALL MEETING? I THINK ANY TIME YOU ROLL OUT DRASTIC CHANGE, I THINK IT'S IMPORTANT TO COMMUNICATE IT TO WHO WOULD AFFECT THE MOST. SIMILAR TO CHANGING EMPOWERMENT ZONES IN THE NEIGHBORHOOD. I THINK WE'RE ROLLING OUT THIS VACANT BUILDING ORDINANCE, AND WE'RE FORCING THE CODE AND PEOPLE WHO'VE BEEN OWNING BUILDINGS FOR A LONG TIME, SIMILAR TO THE ONES WE'RE TALKING ABOUT, IS NOTHING WRONG WITH BEING CUSTOMER SERVICE FRIENDLY, EXPLAINING WHY EVEN IF IT'S SOMETHING THEY DON'T WANT TO HEAR, THEY CAN'T SAY WE DIDN'T COMMUNICATE IT. THEY CAN'T SAY WE DIDN'T LOOK THEM IN THE FACE AND EXPLAIN THE WHY. OKAY, SO IT'S MORE OF AN EDUCATIONAL, MORE OF AN EDUCATIONAL PIECE, EDUCATIONAL, NOT ASKING FOR PERMISSION, BUT ACTUALLY GETTING ON THE SAME PAGE AS TO THE WHY. OKAY THAT'S A BIT OF CLARITY ON THAT. BUT, YEAH, THAT'S I THINK IT'S MORE ABOUT, YOU KNOW, SUSTAINABILITY, PEOPLE HAVING SKIN IN THE GAME IF THEY DON'T HAVE ANY SKIN IN THE GAME, THEY'RE NOT GOING TO IMPROVE THE BUILDING. YOU KNOW, WHY SHOULD I IMPROVE MY BUILDING IF I DON'T HAVE TO PAY A $600 A YEAR FEE? IF, I MEAN, THAT'S NOT MONEY, MUCH MONEY TO THEM. BUT IF YOU'VE GOT TO PAY A FEE OR SOMETHING, YOU'RE LIKE, OH, I GOT SOME INCENTIVE TO DO SOMETHING. BUT AS LONG AS YOU DON'T HAVE ANY SKIN IN THE GAME, IT MAKES IT MORE LIKELY THEY WON'T DO ANYTHING. COUNCILMAN DARIO, IT'S YOUR TURN. ACTUALLY MAYOR, SINCE YOU PUSHED ME TO THE END OF THE LINE, EVERYBODY IN FRONT OF ME SAID WHAT I WAS GOING TO SAY. BUT I DO WANT TO SAY THIS IS ABOUT IMPROVING DOWNTOWN. LIKE HE SAID, THIS IS ABOUT ELIMINATING BLIGHT. LIKE SHE SAID. AND THIS IS ABOUT GETTING THE OWNERS OF THE BUILDING TO COOPERATE, LIKE HE SAID. AND WE WANT TO START SOMEWHERE. AND THIS IS A START. AND ONCE AGAIN, THEY DID. STAFF DID EXACTLY WHAT WE ASKED THEM TO DO. BUT I DO NOT HAVE AND I DON'T HAVE A PROBLEM WITH THE TOWN HALL MEETING, BUT I KNOW EVERY ONE OF THOSE OWNERS WAS AWARE WE WAS HAVING THIS WORKSHOP TODAY, AND NONE OF THEM CAME UP AND SPOKE. NONE OF THEM. SO THAT'S ALL I WANT TO SAY THERE, COUNCILMAN DENBY. I, I ASKED THE QUESTION ABOUT THE FEE BECAUSE IT IS STRONG, BUT YOU ONLY RESPONDING TO THE COUNCIL AS COUNCILMAN DARIO SAID, YOU'RE JUST RESPONDING IN GREAT JOB, AS HAS BEEN SAID ALREADY, I JUST WANT TO UNDERSTAND, HOW DO WE GET THERE? BECAUSE THAT IS A STRONG NUMBER, I DO THINK $600 A YEAR OR A MONTH PROBABLY IS TOO LOW. MAYOR, MY HOA ON MY HOME IS $600 A YEAR. BUT, I MEAN, I'M JUST SAYING THAT'S AN AWFUL LOW NUMBER. AND IF THE COUNCIL DOESN'T HAVE AN APPETITE FOR 20, THEN MAYBE THERE'S A COMPROMISE OF 15 OR. BUT THERE HAS TO BE.

THERE HAS TO BE SOME STING TO IT, OR ELSE THEY'RE NOT GOING TO DO ANYTHING. BUT I JUST MAINLY WANTED TO UNDERSTAND HOW DID WE REACH THAT NUMBER, BECAUSE IT IS SUCH A STRONG NUMBER. BUT THEN AGAIN, IT TAKES TEN YEARS TO GET THERE. AND IF YOU LET A BUILDING SIT THERE FOR TEN YEARS, THEN MAYBE YOU NEED TO WRITE A BIG CHECK, I'M ASSUMING THAT'S THE MOTIVATION BEHIND IT. AND SO BUT CAN THERE BE A COMPROMISE? THERE CAN BE, BUT I AGREE WITH COUNCILMAN SAMUEL, TOO. WE NEED TO MOVE FORWARD AGAIN. THIS IS DOWNTOWN. IF YOU WANT TO PLAY DOWNTOWN, THAT'S OKAY. GO PLAY SOMEWHERE ELSE. BUT IF YOU PLAY DOWNTOWN, YOU GOT TO PLAY BY THE RULES. AND THESE ARE THE RULES.

AND SO I HOPE THE COUNCIL WILL MOVE FORWARD AND NOT KICK THIS CAN DOWN THE ROAD. IF YOU HAVE A PROBLEM WITH THE FEE THEN COMPROMISE ON IT. BUT IF YOU GO TOO LOW THEY'LL JUST PAY IT EVERY YEAR AND DO NOTHING. MAYOR YEAH, AND SO THE FEES AGAIN, ADMINISTRATIVE PROCESSING, INSPECTIONS, INSPECTIONS ARE MULTI-DEPARTMENTAL WHEN IT'S DEALING WITH STRUCTURES

[02:45:04]

DOWNTOWN, LARGE STRUCTURES. THOSE INSPECTIONS CAN LAST ANYWHERE BETWEEN THREE HOURS TO, YOU KNOW, THE BETTER PART OF A DAY JUST KIND OF DEPENDS ON THE SEVERITY OR THE DETERIORATION.

SORRY THE CONDITION THE BUILDING IS IN. IF IT'S IN SEVERE CONDITION AND DETERIORATING AND X, Y, Z, THEN IT COULD, YOU KNOW, THAT INSPECTION COULD LAST UPWARDS OF THE BETTER PART OF A DAY, NORMALLY ON THOSE INSPECTIONS, YOU HAVE THE FIRE MARSHAL, YOU NORMALLY HAVE A POLICE OFFICER WITH YOU, YOU KNOW, WE HAVE ELECTRICAL INSPECTOR, MECHANICAL INSPECTOR, PLUMBING INSPECTOR, DID I ALREADY SAY THE FIRE MARSHAL, TWO BUILDING OFFICIALS, YOU KNO, SO IT'S A IT'S A FULL STAFF THAT GOES OUT AND LOOKS AT THESE BUILDINGS AND THEN ALSO ALL OF THE TIME THAT IT TAKES TO COMMUNICATE WITH, WITH THE PROPERTY OWNERS. MAIL OUTS THAT ARE ASSOCIATED WITH IT. IF THERE'S LETTERS OF VIOLATION, ETC, THAT KIND OF STUFF, AS I SAID, FOR, YOU KNOW, WE GOT A QUOTE FOR THE EVENT THAT HAPPENED AT THE VACANT STRUCTURE FOR, THE GILBERT BUILDING THAT'S UPWARD OF ALMOST $400,000. THE AND THAT'S FOR DEMOLITION OF IT TO, TO BOARD UP A LARGE BUILDING. IT COULD BE ANYWHERE. I MEAN, AND IT TOTALLY RANGES DEPENDING ON THE SIZE OF THE BUILDING, BUT ANYWHERE FROM 20,000 COULD BE LESS, COULD BE WAY MORE THAN THAT TO BOARD A BUILDING. SO THERE'S A LOT OF COSTS ASSOCIATED WITH IT. AND I TRIED TO COME UP WITH SOMETHING THAT IS FAIR AND ENCOURAGING, TO ENCOURAGE OCCUPANCY BECAUSE OCCUPANCY WILL LESSEN THE AMOUNT OF BLIGHT MITIGATION THAT STAFF HAS TO CONDUCT. THANK YOU. YEAH.

COUNCILMAN GOETZ, REMEMBER, THIS IS ONLY FOR THOSE DOWNTOWN PROPERTY OWNERS THAT HAVE VACANT BUILDINGS. IF YOU HAVE A RESTAURANT DOWNTOWN AND YOU'RE OPERATING IT, YOU DON'T HAVE TO PAY ANY OF THIS. IF YOU HAVE A BOUTIQUE DOWNTOWN AND YOU'RE OPERATING IT, YOU DON'T HAVE TO PAY ANY OF THIS. IF YOU HAVE APPARENTLY A BUILDING THAT IS NOT HAVING PEOPLE GO IN IT EVERY DAY, BUT YOU'RE USING IT FOR STORAGE, YOU DON'T HAVE TO PAY THIS. THIS IS FOR THOSE PEOPLE THAT ARE SITTING ON THESE BUILDINGS AND THAT ARE CAUSING THE PROBLEMS THAT WE HAVE DOWNTOWN. THESE ARE FOR PEOPLE WITH VACANT BUILDINGS. SO, YEAH, I THINK IT'S TIME TO ACT AS WEL.

I WILL POINT TO THE DEFINITION OF VACANT BUILDING. YOU GUYS HAVE THE ORDINANCE, BUT JUST THE FIRST SENTENCE SHALL MEAN REAL PROPERTY WITH ONE OR MORE STRUCTURES, WHETHER RESIDENTIAL, COMMERCIAL, INDUSTRIAL OR OTHERWISE, THAT IS UNOCCUPIED OR IS OCCUPIED BY UNAUTHORIZED PERSONS. AND THEN THAT'S WHERE I KEEP TALKING ABOUT THE CERTIFICATE OF OCCUPANCY. IF YOU HAVE A CERTIFICATE OF OCCUPANCY, THEN IT IS OCCUPIED BY AUTHORIZED PERSONS, OR CAN BE OPEN TO THE PUBLIC, SO IF YOU HAVE THE VALID CO ON FILE, YOU CAN THE BUILDING IS OCCUPIED.

OKAY I GOT ONE OTHER QUESTION, COUNCILMAN NEAL. SO AND IT'S ALSO TALKING THERE'S SOME LANGUAGE IN HERE, IN THE MULTI-TENANT STRUCTURES OR COMPLEXES VACANT IS 50%. AND HOW MANY OF WHAT'S THE OCCUPANCY DOWNTOWN RIGHT NOW? YEAH. GLAD YOU ASKED, SO WE RAN A 145 KNOWN ADDRESSES. FOR WATER, WE PARTNERED WITH OUR WATER DEPARTMENT. THEY WERE GREAT. OR WATER CUSTOMER SERVICE, THERE'S 145 KNOWN ADDRESSES, 39 OF THOSE ADDRESSES HAVE ACTIVE WATER, 40, WE KNOW TO BE NON-ACTIVE, 66 OF THE BUILDING BECAUSE THEY'RE OLDER, HAVE A METER THAT YOU HAVE TO READ BY HAND. SO WE WOULD HAVE TO SEND THEM OUT. BUT 39 OF THOSE 145 KNOWN ADDRESSES, WE KNOW TO HAVE ACTIVE WATER. SO THERE'S QUITE A BIT OF VACANCY DOWNTOWN. YEAH, WE'RE GOING TO WE'RE IN A WORK SESSION. WE'RE GOING TO HAVE TO MOVE TO ITEM NUMBER 17. NOW ALL RIGHT. THANK

[REGULAR AGENDA]

YOU, MR. CITY MANAGER. MAY WE HAVE THE READING OF ITEM NUMBER 17 PLEASE. COUNCIL, CONSIDER AN ORDINANCE TO ADOPT ARTICLE 24.09 VACANT BUILDING REGISTRY INTO THE CITY OF BEAUMONT'S CODE OF ORDINANCES COMES WITH THE RECOMMENDATION OF APPROVAL. IS THERE A MOTION FOR ITEM NUMBER 17? MOVE FOR APPROVAL. SECOND, THERE'S A MOTION AND A SECOND FOR APPROVAL. IS THERE MORE DISCUSSION? I WILL SAY THAT IT CAME UP DURING THE WORK SESSION THAT, THERE WAS CONCERN ABOUT THE FEES AND ALSO ADDING AN ALARM SYSTEM, TO BE A REQUIREMENT. IS THAT IS THE

[02:50:05]

ORDINANCE BEING ACCEPTED AS IS, OR IS COUNCIL REQUESTING THAT THERE BE CHANGES TO THE ORDINANCE? I WOULD REQUEST THAT AN ALARM SYSTEM BE, ALSO ADDED TO THIS, A FIRE ALARM, A FIRE AS A MINIMUM REQUIREMENT, BURGLAR AND FIRE ALARM, BURGLAR AND FIRE AS PART OF THE MINIMUM REQUIREMENT? YES. OKAY. I JUST WANT TO MAKE SURE I UNDERSTOOD I WOULD SECOND THAT. SO THERE ANY OTHER DISCUSSION? ALL THOSE IN FAVOR OF APPROVING THE MOTION IS READ WITH, COUNCILMAN GAETZ AMENDMENT ON THERE. PLEASE SIGNIFY BY SAYING AYE. AYE. THOSE OPPOSED OPPOSED MOTION

[COUNCIL COMMENTS]

PASSES. ALL RIGHT. AT THIS POINT, WE'RE GOING TO ALLOW COUNCIL MEMBER COMMENTS. THE EXECUTIVE SESSION THAT WAS SCHEDULED TODAY HAS BEEN CANCELED. SO THIS WILL BE I WILL START WITH COUNCILMAN DARIO, SINCE YOU'VE BEEN LAST. YOU KNOW, I JUST WANT TO CONGRATULATE MY DAUGHTER. SHE GOT MARRIED SATURDAY. THAT'S ABOUT IT. SHE SHE INVITED EVERYBODY TO HER AND HER FIANCE'S BIRTHDAY PARTY AND SURPRISE EVERYONE AND HAD A WEDDING INSTEAD. AND THAT'S ALL I HAVE TO SAY. HAVE A GREAT DAY, EVERYONE. COUNCILMAN GAETZ, A COUPLE OF THINGS, I HAVE HAD NUMEROUS CITIZENS CONTACT ME ABOUT RAILROADS VIOLATING THE QUIET ZONE ORDINANCES IN THE WEST END, AND I'VE NOTICED IT MYSELF. I DON'T KNOW WHAT IS GOING ON WITH OUR TRAINS, BUT, WE NEED TO INQUIRE OF UNION PACIFIC AS TO. ARE THEY WORKING ON THE TRACKS? IS THERE SOMETHING HAPPENING? HAS THERE BEEN A CHANGE IN MANAGEMENT? THERE IS SOMETHING THAT HAS CHANGED THAT IS DIFFERENT. WE HAVE TRAIN HORNS NOW BLOWING ON OUR QUIET THROUGH THE QUIET ZONE. MORNING NOON AND NIGHT. SO IF WE CAN MAKE ANY INQUIRY TO FIGURE OUT WHAT'S GOING ON THERE, THAT WOULD BE GREAT, IT'S ALSO COME TO MY ATTENTION, THAT TERRELL PARKS, HENRY PARK GOLF COURSE IS NO LONGER OPEN ON TUESDAYS. IS THAT A RECENT CHANGE, OR IS THAT SOMETHING THAT, IF ANYBODY KNOWS THE ANSWER TO THAT, COULD SOMEBODY GET BACK TO ME ON. THAT A YEAR AGO THEY DIDN'T HAVE TIME TO DO THAT TO. OKAY. SO THAT'S THE ANSWER. IT'S, YEAH. FOR MAINTENANCE. IT'S A MAINTENANCE DAY. OKAY LASTLY, OVER THE WEEKEND, I HAD THE OPPORTUNITY TO GO TO COLLEGE STATION. I HADN'T BEEN THERE IN A WHILE. IT IS AMAZING WHEN YOU DRIVE AROUND COLLEGE STATION, HOW CLEAN IT IS. ABSOLUTELY INCREDIBLE, NO LITTER AND NO BANDIT SIGNS. I MEAN, NONE. I WAS LOOKING FOR THEM, AND I CONTRAST THAT WITH OUR CITY. JUST ON THE WAY TO CITY HALL TODAY, AS YOU DROVE THROUGH, AS I DROVE THROUGH THE I-10 ACCESS ROAD AND COLLEGE STREET INTERSECTION, I SAW MULTIPLE WE BUY HOME SIGNS OR I'LL BUY YOUR HOME. YOU KNOW, COMPETING COMPANIES AND I WANT TO GIVE A SHOUT OUT TO OUR CITY PARKS DEPARTMENT FOR BECAUSE I KNOW Y'ALL ARE PICKING THEM UP, I'VE ACTUALLY GOTTEN OTHER CITIZENS, THAT HAVE BEEN ENERGIZED BY MY ENTHUSIASM FOR PICKING THEM UP AND SAY, WE'RE DOING IT, TOO. IT IT KIND OF FEELS GOOD, I ALSO WANT TO SAY THANK YOU TO OUR COMMUNICATIONS DEPARTMENT FOR PUTTING A SIGN OUT THERE, ON OUR FACEBOOK PAGE, BUT THESE, THESE BANDIT SIGNS, MUCH LIKE THE BROKEN WINDOWS OF A BUILDING, IS NOTHING BUT AN INVITATION FOR PEOPLE TO CONTINUE TO TRASH UP OUR CITY. SO I KNOW COUNCIL MEMBER TURNER ACTUALLY SAW A TRUCK IN WHICH THEY WERE PUTTING THE SIGNS OUT. NOW I'M GOING TO SUGGEST THAT MAYBE THAT SINCE YOU GOT A LICENSE PLATE, AND YOU WITNESSED IT, MAYBE THAT PERSON COULD BE TRACKED DOWN AND SENT A CITATION. SINCE IT'S A VIOLATION OF THE ORDINANCE, I DON'T KNOW THE CITY ATTORNEY HOW AGGRESSIVELY WE CAN DO THIS, BUT WE HAVE GOT TO DO MORE THAN JUST GO BY AND PICK THEM UP, BECAUSE

[02:55:04]

THESE FOLKS THAT ARE DOING THIS, I CAN'T UNDERSTAND HOW MUCH MONEY THEY MUST BE MAKING IN ORDER FOR THEM TO CONTINUE TO DO IT. BUT WE HAVE CAMERAS, WE HAVE AN INTEGRATED CRIME SYSTEM. WE CAN AT LEAST IDENTIFY THE PEOPLE THAT ARE PUTTING THEM OUT. WE MIGHT NOT BE ABLE TO FIGURE OUT WHO THE OWNERS ARE, BECAUSE WHEN YOU CALL THE NUMBER, YOU JUST GET A CALL CENTER. BUT WE CAN DO SOMETHING ABOUT LOCATING AND SENDING CITATIONS TO THOSE THAT ARE PUTTING THEM OUT, WHICH CORRECT ME IF I'M WRONG, SORRY, THAT IS A VIOLATION OF OUR CITY ORDINANCES. IS IT? IS IT OR IS IT NOT? YES. THANK YOU. I WOULD BE CURIOUS IF COUNCILMAN TURNER HAD HIS GLASSES ON WHEN HE SAW IT. SINCE IT IS MY TURN, I ACTUALLY PULLED OVER, GOT OUT THE TRUCK AND WALKED UP TO HIM, AND HE SEEN ME TAKING THE PICTURE. SO YEAH, I DO HAVE THE LICENSE PLATE. I MYSELF, I'M KIND OF TIRED OF THE WAY OUR CITY. I THOUGHT IT WAS INTERESTING. I ACTUALLY DID SEND IT TO COUNCIL MEMBER GAETZ ONCE. I DID TAKE THE PICTURE, BECAUSE I APPLAUD YOU FOR BEING CONSISTENT ABOUT THIS, BECAUSE THIS IS OUR IMAGE. AND IF WE AS LEADERS DON'T CARE ABOUT OUR IMAGE, HOW DO WE EXPECT THE COMMUNITY TO DO SO? SO I DID GET THE PICTURE, CHIEF. I WILL SHARE THE LICENSE PLATE WITH YOU AFTER THE COUNCIL MEETING. I'M NOT GOING TO BLAST THE PERSON ONLINE, BUT UNLESS MY ATTORNEY SAYS I CAN, BUT WISH YOU WOULDN'T. OKAY, WELL, I'M GOING TO LEAVE THAT ALONE. BUT, CHIEF, I DO HAVE THE LICENSE PLATE, AND I AM WAITING ON THE WITNESS AND DO WHATEVER I NEED TO DO TO DO SOMETHING ABOUT THIS, SECONDLY, I KIND OF WANT TO CONGRATULATE MY WIFE. NOT KINDA. I DO MY WIFE AUTHORED HER FIRST BOOK, REDIRECTED THE ROAD TO SELF-DISCOVERY, AND WENT LIVE ON YESTERDAY. YOU CAN GET IT ON AMAZON AND PRETTY MUCH ANY MAJOR NETWORK. SHAMELESS PLUG, BUT I AM MARRIED. I'M A PROUD HUSBAND AND SHE'S BY MY SIDE ALL THE TIME, SO I WANT TO COMPLIMENT HER AS WELL. SO SORRY. ALL RIGHT. THANK Y'ALL. COUNCIL COUNCILMAN TELSHOR. THAT'S OKAY. THAT'S GOOD. JUST CITY MANAGER AND OUR CD. DEMI, THANK YOU FOR ALL THE HARD WORK ON THE DOWNTOWN REGISTRY. I, I THAT IS CORRECT. RIGHT. CD I'M TRYING TO ABBREVIATE COMMUNITY DEVELOPMENT DIRECTOR. OKAY. ANYWAY, THANK YOU FOR ALL YOUR HARD WORK. AND I KNOW IT'S TOUGH TO STAND THERE AND TAKE THE QUESTIONS AND ANSWER, AND. BUT I APPRECIATE ALL YOUR HARD WORK. THAT'S A VERY SENSITIVE TOPIC. AS YOU CAN TELL. AND, BUT I THINK IT'S NECESSARY. BUT AGAIN, CITY MANAGER DEMI, THANK YOU FOR ALL YOUR WORK. COUNCILMAN SAMUEL, I JUST WANT TO THANK STAFF OVERALL FOR ALL THAT YOU'RE DOING. NOW, I KNOW THERE'S BEEN A LOT OF REQUESTS MADE TO YOU, I TOOK QUITE A FEW PICTURES THIS WEEKEND, PARTICULARLY ALONG SOME OF THE RAILROAD TRACKS. WE HAVE SOME AREAS, PARTICULARLY ON GARNER, WHERE THERE'S GRASS WEEDS JUST GROWING OVER THE STREET. AND I'M HOPING THAT WHEN I PASS THAT WAY SOON, THIS AFTERNOON, I'M HOPING IT'S BEEN IT'LL BE GONE BY THEN BECAUSE IT'S BEEN LIKE THAT FOR ALMOST 2 OR 3 WEEKS, BUT I UNDERSTAND THE RAIN. I UNDERSTAND A LOT OF THAT. BUT I DO APPRECIATE OUR STAFF, YOU. AND THAT'S ALL I CAN. I CAN DO THAT ALL DAY. SAY THANK YOU, AND I KNOW OUR LEADER. SOMEWHAT QUIET, BUT. I'M GLAD YOU HAVE A GOOD TEAM WORKING WITH YOU. SO CONTINUE ON. THANK YOU. THANK YOU, COUNCILMAN. MAYOR MADAM CITY ATTORNEY. JUST OFFER MY CONGRATULATIONS TO COUNCILMAN DARIO, HIS NEW SON IN LAW. GOOD GUY. YOU'RE WELCOME. ALL YOU GOTTA DO IS PAY FOR IT. YES I WILL COMMENT ON THE RAILROAD. THAT'S UNION PACIFIC. WE WERE NOTIFIED THURSDAY EVENING OF SOME DEFICIENCIES IN TWO QUIET ZONES ON COLBURN AND LANGHAM.

THE BLOCKS AND THE PHYSICAL PART OF THE ROAD WERE ADDRESSED ON FRIDAY, BUT WE HAD SOME DELINEATORS AND SIGNS WHICH WERE FINISHED THIS AFTERNOON. SO WE'LL BE REACHING BACK OUT TO THEM TO, RE-ENABLE THEM TO ACT LIKE IT'S A PROPER QUIET ZONE AGAIN. BUT THEY HAD NOTIFIED US ON THURSDAY SAYING UNTIL THOSE THINGS WERE ADDRESSED, THAT THEY WERE GOING TO START, USING THE TRAIN HORN. SO THAT'S THAT'S WHAT WAS GOING ON. AND HOPEFULLY IT'LL IT'LL GET RESOLVED FAIRLY

[03:00:03]

SOON WHERE THEY GO BACK TO NOT USING THE HORN. FOR THE BANDIT SIGNS, YOU GUYS CAN DIRECT THOSE TO MY STAFF. I HAVE A ZONING INSPECTOR THAT CAN CITE THOSE INDIVIDUALS. GOOD AND CONGRATULATIONS TO ASHLEY. BE SURE AND LET HER KNOW I'M GOING TO GET HER ELECTRONIC BOOK. AND CONGRATULATIONS, COUNCIL MEMBER ON YOUR DAUGHTER'S WEDDING. THANK YOU. CITY MANAGER. DITTO ON THOSE TWO. CONGRATULATIONS OR CONDOLENCES. I DON'T KNOW WHICH ONE. AND CONGRATULATIONS TO YOUR WIFE. AND, GOOD TO HEAR ABOUT HOW THE CITY LOOKS. WE'LL CONTINUE TO WORK HARD AND GETTING THE CITY TO LOOK BETTER. I HAD AN OLD FRIEND WHO USED TO WHO'S FROM BEAUMONT AND HE CAME THE OTHER WEEK, AND HE CAME TO TOWN. HE SAYS TOWN? SURE IS LOOKING BETTER. AND I WAS GLAD TO HEAR THAT. AND BUT WE HAVE A LOT MORE WORK TO DO. BUT I WAS REALLY GLAD WHEN HE HE SENT ME A SPECIAL EMAIL TO SAY THAT, THAT BEAUMONT WAS LOOKING BETTER. SO I APPRECIATE THAT, ANYONE WITH ANY BUDGET QUESTIONS, PLEASE CONTACT ME. I'D BE GLAD TO MEET WITH ME AND STAFF TO ANSWER ANY QUESTIONS YOU MIGHT HAVE TO GO THROUGH SOME THINGS ON THAT AND COUNCIL MEMBER, GIVE US THE GARNER LOCATION. I DON'T KNOW IF YOU REPORTED IT WITH THE WEEDS OVER THE STREET, OR IF WE KNOW IF IT'S BEEN REPORTED. YET OKAY. IF YOU GIVE ME THOSE, WE'LL TAKE CARE OF IT FOR SURE. THANK YOU.

MAYOR. SO TURN YOUR MIC ON. WHO DO WE CONTACT ABOUT? I'VE BEEN SEEING QUITE, QUITE A FEW BASKETS FULL OF DEBRIS ALONG TWO STREETS. CONCORD AND HELBECK. I SAW OFFICERS WITH SOME FOLKS. IT APPEARED TO BE SOME HOMELESS INDIVIDUALS, BUT I STOPPED AND I KIND OF WATCHED, AND THEY WERE JUST KIND OF, TALKING AND THEN THEY LEFT AND THEY LEFT THE BASKETS JUST FULL OF TRASH ON THE SIDE OF THE ROAD. AND WHO DO WE CONTACT? ANYBODY DOWN THERE? YEAH, THEY CAN CONTACT OUR DEPARTMENT AND WE'LL, WE'LL WORK WITH THEY CAN THEY CAN CONTACT ME, WE'LL WORK. WELL, LINFOOT OUR CODE ENFORCEMENT MANAGER, SHE'LL WORK WITH, DEPENDING ON THE SITUATION. BENJI OVER AT, HEALTH AND SANITATION. SORRY. SOLID WASTE, HE'S GREAT. AND, YOU KNOW, WE'LL GET IT CLEANED UP, BUT IT WOULD, IT WOULD, IT WOULD START WITH MY DEPARTMENT, OKAY. BECAUSE IT'S A LOT OF, SUPERMARKET BASKETS. BUGGIES. YEAH. IN AREAS WHERE WE AND IT'S REALLY IN THE AMELIA DISTRICT RIGHT OFF OF, I THINK, LIKE THAT'S MCLEAN. WE HAD TO PUT NO DUMPING SIGNS. SO IF IT'S AN AREA WHERE IT'S A REPEAT OFFENDERS, WE CAN MONITOR IT TO SEE IF WE NEED TO PUT LIKE A NO DUMPING SIGN TO LET PEOPLE KNOW THAT IF THEY DO DUMP HERE, IT'S A FINE AND THAT NONE OF IT'S HOMELESS. YEAH. THIS IS RIGHT ACROSS FROM THE FIRE DEPARTMENT ON THAT RIGHT BY THE RAILROAD.

SO IT'S NOT JUST DUMPING. IT'S JUST LIKE A CLUTTER. IT'S LIKE PROPERTY. LIKE YESTERDAY IT WAS LIKE SIX BASKETS FILLED WITH STUFF COMING OVER THE EDGE. AND THEY WERE JUST OUT THERE ALONE.

SO IF IT'S IN THE RIGHT OF WAY, WE CAN WE CAN REMOVE IT FAIRLY QUICKLY. IF IT'S ON PRIVATE PROPERTY, THEN WE DO HAVE TO GO THROUGH THE LITTER PROCESS, WHICH COULD TAKE A LITTLE BIT OF TIME, BUT WE CAN CERTAINLY, ADDRESS THOSE. OKAY COUNCILMAN DARIO ASKED ABOUT. OKAY.

COUNCILMAN SAMUELS OR COMMUNICATIONS, SOMEONE I'VE HAD TO CALL PEOPLE AND LET THEM KNOW THAT THERE ARE NO DUMPING SITES IN BEAUMONT. THE ONLY DUMPING SITE IS THE LANDFILL. SOME FOLKS THINK BECAUSE THEY SEE A LOT OF TRASH ON THE AREA, THAT'S JUST A DUMPING SITE, AND THEY CAN PUT THEIR TRASH THERE AND THE CITY WILL PICK IT UP. SO THERE MIGHT BE SOME INFORMATION WE NEED TO PUT OUT AGAIN, THAT THERE ARE NO DUMPING SITES IN THE CITY OF BEAUMONT OTHER THAN THE LANDFILL. YEAH. AND SO WHAT I WAS REFERRING TO, TO COUNCILMAN SAMUEL, IS THAT IN AREAS WHERE WE'VE NOTICED PEOPLE SPECIFICALLY IN THAT AMELIA DISTRICT RIGHT OFF THE CURB, PEOPLE WOULD JUST KIND OF PUT TRASH THERE FOR TO BE PICKED UP. WE PUT THE NO DUMPING SIGN THERE AND THERE'S SOME OTHER LIKE STRATEGIC PLACES WHERE WE'VE NOTICED PEOPLE JUST BRINGING HEAVY TRASH BECAUSE THEY JUST DON'T WANT IT IN FRONT OF THEIR PROPERTY, I GUESS. BUT WE DO PICK UP HEAVY TRASH ON A DAILY BASIS. WE WILL PICK IT UP FROM YOUR HOUSE. SO WE HAVE LIKE PUT OUT THE NO DUMPING SIGNS, IN THOSE STRATEGIC AREAS WHERE WE'VE NOTICED IT HAPPENING A LOT. SO IF THAT'S SOMETHING THAT'S HAPPENING, CITIZENS CAN CALL AND WE'LL MONITOR IT TO DETERMINE WHETHER OR NOT THAT'S A NECESSITY. OKAY. WELL GREAT WORK ON THE VACANT BUILDING

[03:05:03]

REGISTRY. THANK YOU FOR ALL OF THAT. AND, AND CERTAINLY THE, PICKING UP THE BANDIT SIGNS AND I THINK LITTER IS IMPORTANT. AND THANK YOU FOR SHARING THAT. WE HAVE CODE ENFORCEMENT FOR THAT.

AND CONGRATULATIONS TO, COUNCILMAN DARIO AND ASHLEY ON ON THEIR ACCOMPLISHMENTS. AND YES, QUICK, QUICK REMINDER, MAYOR, WE'RE WORKING ON OUR LEGISLATIVE AGENDA. IT'S THAT TIME OF THE YEAR. SO IF YOU HAVE ANYTHING YOU'D LIKE TO SEE INCLUDED IN IT, PLEASE SEND IT TO ME OR ME OR OR EVEN MILES. AND WE'LL BE COMING TO COUNCIL TO GET YOU TO PUT TOGETHER AND APPROVE A LEGISLATIVE AGENDA FOR THIS NEXT SESSION IN AUSTIN

* This transcript was compiled from uncorrected Closed Captioning.