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[CALL TO ORDER]

[00:00:05]

SO THERE'S SOME. GOOD AFTERNOON EVERYONE. TODAY'S MEETING OF CITY COUNCIL. TODAY'S TUESDAY, DECEMBER 3RD, 2024. TODAY'S INVOCATION WILL BE GIVEN BY PASTOR JAMES P BARKER, JR OF GREATER ZION. ZION BAPTIST CHURCH. IF EVERYONE WOULD PLEASE SILENCE YOUR CELL PHONES. AND IF YOU SO CHOOSE, PLEASE STAND AND REMAIN STANDING FOR THE PLEDGE OF ALLEGIANCE. ETERNAL GOD, OUR FATHER. HOW WE DELIGHT TO BLESS YOUR NAME BECAUSE YOU ARE GOD ALONE. WE THANK YOU FOR TRUSTING US WITH YOUR TIME, OUR TIME, OUR TREASURE, AND OUR TALENTS. AND AS WE HAVE GATHERED HERE THIS AFTERNOON, DEAR GOD, WE PRAY THAT YOUR WILL WOULD BE DONE, THAT YOU WOULD BE GLORIFIED IN ALL THAT WE DO, SAY AND SHARE. WE THANK YOU GOD, FOR YOUR OMNIPOTENCE, THAT YOU'VE GOT THE POWER TO PERFORM JUST THE TASK THAT YOU SAID YOU'RE ABLE TO DO. WE THANK YOU, DEAR GOD, FOR LIFE AND LIBERTY AND THE PURSUIT OF HAPPINESS. WE ASK IT ALL IN THE MIGHTY NAME OF HIM WHO ONCE WAS DEAD, BURIED, AND RESURRECTED. JESUS, THE CHRIST. AMEN. JESUS CHRIST. MAY I HAVE ROLL CALL, PLEASE? MAYOR WEST, PRESENT MAYOR PRO TEM NEAL, COUNCIL MEMBER. DORIO PRESENT.

COUNCIL MEMBER. GIBBS. ABSENT. COUNCIL MEMBER. TURNER. PRESENT. COUNCIL MEMBER. SHORE. PRESENT AND COUNCIL MEMBER. SAMUEL. THANK YOU. ALL RIGHT. TODAY WE HAVE TWO PRESENTATIONS. THE

[PRESENTATIONS]

FIRST WILL BE FROM THE COMMUNICATION UPDATE FROM CITY OF BEAUMONT COMMUNICATIONS. GOOD AFTERNOON. WE HOPE EVERYONE HAD A WONDERFUL THANKSGIVING AND YOUR DECEMBER THIRD ANNOUNCEMENTS. WE HAVE A CHANGE TO THE CITY'S CHRISTMAS FESTIVITIES DUE TO EXPECTED INCLEMENT WEATHER. THE CITY IS POSTPONING OUR ANNUAL CHRISTMAS TREE LIGHTING EVENT, ORIGINALLY SCHEDULED FOR TOMORROW NIGHT. THE EVENT WILL NOW TAKE PLACE ON MONDAY, DECEMBER 16TH, STILL AT THE DOWNTOWN EVENT CENTER LAKE FROM 5 TO 7:30 P.M. WHILE THE FULL CELEBRATION HAS BEEN RESCHEDULED, MAYOR ROY WEST WILL LIGHT THE CHRISTMAS TREE THIS EVENING TO ENSURE THE COMMUNITY CAN ENJOY THE BEAUTIFUL DISPLAY THROUGHOUT THE HOLIDAY SEASON. RESIDENTS AND VISITORS ARE ENCOURAGED TO STOP BY TO SEE THE LIGHTED TREE ALL MONTH LONG. THE RESCHEDULED EVENT WILL STILL INCLUDE THE SPECTACULAR DRONE SHOW, LIVE MUSIC, FOOD VENDORS AND ACTIVITIES FOR ALL AGES. THE BEAUMONT CVB AND CITY OF BEAUMONT ARE PROUD TO BE PARTNERING WITH EXXONMOBIL FOR A 12 DAYS OF CHRISTMAS TOY DRIVE, GOING ON NOW THROUGH DECEMBER 12TH, YOU CAN DROP OFF NEW, UNWRAPPED GIFTS AT VARIOUS LOCATIONS AROUND THE CITY, INCLUDING CITY HALL AND THE CVB.

THE FULL LIST IS LOCATED ON THE CVB'S WEBSITE. BEAUMONT CVB.COM/12 DAYS. WE HOPE YOU'LL HELP US MAKE CHRISTMAS A LITTLE BRIGHTER FOR OUR LOCAL CHILDREN. THE BEAUMONT FIRE DEPARTMENT WILL HOLD ITS TRADITIONAL PUSH IN CEREMONY AS WE PLACE OUR NEWEST FIRE ENGINE INTO SERVICE AT STATION SIX. IT WILL BE HELD WEDNESDAY, DECEMBER 18TH AT 10 A.M. AT THE FIRE RESCUE STATION, SIX, 1880 SOUTH MAJOR DRIVE. AND FINALLY THE CITY OF BEAUMONT, TOGETHER WITH TEMPLE EMANUEL, ARE EXCITED TO INVITE THE COMMUNITY TO A SPECIAL MENORAH LIGHTING CEREMONY CELEBRATING THE SPIRIT OF UNITY AND THE RICH DIVERSITY THAT DEFINES OUR CITY. THE CEREMONY WILL TAKE PLACE IN FRONT OF CITY HALL IN DOWNTOWN BEAUMONT, AND THE COMMUNITY IS INVITED TO JOIN IN THE CELEBRATION. THIS EVENT OFFERS A MOMENT TO REFLECT ON THE VICTORY OF LIGHT OVER DARKNESS, A TIMELESS MESSAGE OF HOPE AND RESILIENCE THAT SPEAKS TO PEOPLE OF ALL BACKGROUNDS. WE INVITE THE ENTIRE COMMUNITY TO JOIN US FOR THIS SPECIAL OCCASION. AS WE LIGHT THE MENORAH AND CELEBRATE THE FESTIVAL OF LIGHTS ON MONDA, DECEMBER 30TH AT 5 P.M. AND THAT'S ALL FOR THIS WEEK'S ANNOUNCEMENTS. THANK YOU. THANK YOU. NEXT, WE HAVE A PRESENTATION FROM MR. GRADY REE, WHO IS WITH HDR ENGINEERING ON THE DEVELOPMENT OF WATER AND WASTEWATER IMPACT FEES. GOOD AFTERNOON. COUNCIL AND MAYOR JUST SAID MY NAME IS GRADY REED. I'M A SENIOR PROJECT MANAGER WITH HDR, AND I'M HERE JUST TO TALK WITH YOU ALL A LITTLE BIT ABOUT WHAT WHAT IMPACT FEES ARE.

THIS IS SOMETHING THAT THE CITY HAS, HAS OBVIOUSLY ENGAGED US TO, TO LOOK AT AND IF

[00:05:05]

POTENTIALLY MOVE FORWARD WITH DEVELOPING IMPACT FEES. WATER AND WASTEWATER IMPACT FEES FOR THE CITY OF BEAUMONT. SO WHERE WE ARE RIGHT NOW, THIS IS JUST INFORMATION ONLY. THERE'S NO NUMBERS. WE'RE NOT THAT FAR INTO THE INTO THAT PROCESS. THIS IS JUST TO GIVE YOU A LITTLE BIT OF BACKGROUND ON ON IMPACT FEES AND THE PROCESS THAT WE WOULD GO THROUGH TO, TO DETERMINE WHAT THOSE ARE. AND GO TO THE FIRST SLIDE, PLEASE. SO BASICALLY WHAT THEY ARE, IT'S A IT'S A ONE TIME PAYMENT THAT IS ASSOCIATED WITH NEW DEVELOPMENT. SO I WANT TO MAKE THAT VERY CLEAR RIGHT OFF THE START. THIS IS NOT SOMETHING THAT IMPACTS DEVELOPMENT. THAT IS ALREADY THERE. THIS IS JUST FOR NEW DEVELOPMENT. THAT WOULD OCCUR AFTER THE ADOPTION OF IMPACT FEES AND WHY IMPACT FEES CAME ABOUT IS AS SOME OF THESE CITIES, CERTAINLY IN THE METROPLEX AND IN CENTRAL TEXAS, THERE WAS A LOT OF GROWTH IMPACT FEES HAVE BEEN AROUND FOR A LONG TIME AT THIS POINT, AT LEAST 25, 30 YEARS IN TEXAS. AND AS THOSE CITIES STARTED TO EXPERIENCE RAPID GROWTH, THE QUESTION KIND OF STARTED ARISING ABOUT WHY SHOULD OUR EXISTING RATEPAYERS SHARE OR HAVE THAT WHOLE BURDEN OF PAYING FOR THIS NEW GROWTH, FOR EXPANDING ALL THEIR WATER AND WASTEWATER INFRASTRUCTURE? SO IMPACT FEES CAME ABOUT. AND AGAIN, IT'S A PAYMENT THAT'S COLLECTED FROM NEW DEVELOPMENT.

THAT MONEY HAS TO GO INTO A SEPARATE ACCOUNT. BY BY LAW YOU HAVE TO KEEP KEEP TRACK OF IT SEPARATELY. YOU CANNOT COMMINGLE IT WITH YOUR O&M FUNDS BECAUSE YOU CAN ONLY USE THOSE FUNDS RECEIVED TO PAY FOR PROJECTS RELATED TO GROWTH, AND YOU CAN PAY FOR CONSTRUCTION COSTS, LAND ACQUISITION COST. YOU CAN SAVE UP THOSE THAT THAT MONEY AND YOU CAN TO PAY BASICALLY CASH FOR THOSE PROJECTS. OR YOU CAN COLLECT IMPACT FEE PROCEEDS AND USE THAT MONEY TO PAY DEBT SERVICE ASSOCIATED WITH THESE PROJECTS THAT ARE RELATED TO GROWTH, WHICH YOU CANNOT USE.

IMPACT FEE IMPACT FEES FOR IS TYPICAL JUST O&M TYPE STUFF. SO YOU CAN'T TRANSFER THESE FEES INTO YOUR O&M FUND AND PAY SALARIES. THOSE TYPES OF THINGS YOU CANNOT USE IMPACT FEES TO BRING INFRASTRUCTURE THAT'S LOST CAPACITY DUE TO LACK OF MAINTENANCE. YOU CANNOT USE IMPACT FEES TO BRING THAT INFRASTRUCTURE BACK UP TO ITS FULL CAPACITY. IT'S JUST FOR NEW CAPITAL PROJECTS THAT ARE RELATED TO GROWTH. I WOULD LIKE TO SAY THAT THAT IMPACT FEES, BECAUSE I SOMETIMES I GET ASKED THIS QUESTION AND, AND OUR IMPACT FEES ARE SOLD ON THE IDEA. WELL, IF WE HAVE IMPACT FEES THEN GROWTH IS GOING TO PAY FOR 100% OF ITSELF. AND THAT'S THAT'S JUST NOT THE WAY IT WORKS. SO, SO REALISTICALLY, I WANT TO BE VERY CLEAR ON THAT IMPACT. FEES HELP GROWTH PAY FOR ITSELF. THE PROBLEM WITH IMPACT FEES AND THERE'S REALLY NO WAY TO GET AROUND IT IS A LOT OF IT IS JUST THE TIMING IS IF YOU HAVE IMPACT FEES, YOU TYPICALLY THOSE IMPACT FEES ARE TYPICALLY ASSESSED AT TIME OF PLAT. SO WHENEVER A NEW DEVELOPMENT IS PLATTED, WHATEVER IMPACT FEES ARE IN EXISTENCE AT THAT TIME, THAT'S WHAT THEY WOULD BE CHARGED. BUT YOU DON'T NORMALLY COLLECT THOSE IMPACT FEES UNTIL TIME OF BUILDING PERMIT. BUT OF COURSE, THE CITY HAS TO GET THAT INFRASTRUCTURE OUT THERE, WHETHER IT'S PIPES OR A LIFT STATION OR PUMP STATION OR WHATEVER. AND SO NORMALLY THE CITY IS KIND OF OUT THAT MONEY UP FRONT AND BASICALLY YOU'RE REIMBURSING YOURSELF AS AS DEVELOPMENT OCCURS. BUT THAT'S THAT'S WHY THEY CAME ABOUT. SO THEY CAME ABOUT TO HELP GROWTH PAY FOR ITSELF, NOT TO ENSURE THAT GROWTH WOULD 100% COVER ITSELF IF YOU ARE INTERESTED, THEY ARE ADDRESSED IN CHAPTER 395 OF THE TEXAS LOCAL GOVERNMENT CODE AS WELL. SO IT'S KIND OF THERE'S NOT THERE'S SOME LEEWAY, BUT THERE'S NOT A LOT OF LEEWAY ON ON WHAT WE CAN DO WITH AN IMPACT FEE. GO TO THE NEXT SLIDE PLEASE. SO THIS JUST AGAIN JUST JUST IS JUST THE DEFINITION. IT'S A CHARGE OR ASSESSMENT IMPOSED BY POLITICAL SUBDIVISION AGAINST NEW DEVELOPMENT. BASICALLY IN ORDER TO GENERATE REVENUE OR RECOUPING THE COST OF CAPITAL IMPROVEMENTS OR FACILITY EXPANSIONS. THAT IS DUE TO NEW DEVELOPMENT. AND BASICALLY THE ULTIMATE GOAL WITH WITH IMPACT FEES IS TO HELP A CITY ENSURE THAT INFRASTRUCTURE NEEDED TO ACCOMMODATE THAT GROWTH IS CONSTRUCTED. IT'S JUST BASICALLY IT'S JUST ANOTHER FUNDING SOURCE, A SIDE OF OUTSIDE OF YOUR RATES OR ANY OTHER FUNDING SOURCES THAT YOU WOULD USE TO PAY FOR THESE PROJECTS. IT'S JUST ANOTHER REVENUE STREAM COMING IN TO HELP PAY FOR THAT. AGAIN, BECAUSE IN VERY RAPIDLY GROWING AREAS, THERE HAVE BEEN INSTANCES IN WHICH GROWTH MATURE, GROWTH MORATORIUMS HAVE BEEN ENACTED BECAUSE THAT DEVELOPMENT WAS NOT THERE. AND SO THIS AGAIN, THIS KIND OF CAME ABOUT TO HELP GIVE

[00:10:07]

THOSE ENTITIES THIS OTHER ADDITIONAL REVENUE STREAM. AND GO TO THE NEXT SLIDE. SO TYPICALLY WHAT WHAT WE WOULD DO WHENEVER WE'RE DEVELOPING AN IMPACT FEE IS WE BASICALLY YOU WILL HAVE ONE IMPACT FEE FOR WATER AND YOU'LL HAVE ANOTHER IMPACT FEE FOR WASTEWATER. THOSE IMPACT FEES ARE CHARGED ON WHAT'S CALLED A PER LEVY BASIS OR LIVING UNIT EQUIVALENT BASIS.

AND ONE LEVY IS DEFINED AS WHATEVER THE STANDARD METER SIZE IS FOR THE FOR THE CITY. SO LET'S SAY THAT'S 5/8 INCH METER. SO THAT WOULD BE ONE YOU. SO IF YOU COME UP WITH AN IMPACT FEE OF LET'S I'M GOING TO MAKE, MAKE THIS EASY ON ME. IF THAT IMPACT FEE IS $5,000 AND I BUILD A HOME AND A NEW AND A NEW DEVELOPMENT, AND I'M GOING TO HAVE A FIVE METER, THEN I WOULD PAY $5,000 FOR MY IMPACT FEE. IF I'M A BUSINESS, FOR EXAMPLE, AND I PUT A TWO INCH METER IN FRONT OF MY BUSINESS BECAUSE THAT'S WHAT THAT'S WHAT I NEED. I BELIEVE THAT EVERYTHING IS SCALED.

IMPACT FEES ARE SCALED BASED ON METER, SIZE. SO IT'S JUST LIKE YOUR DEMAND CHARGES ON YOUR ON YOUR WATER RATES. WE USE THE SAME SCALING FACTORS. THOSE FACTORS ARE FROM THE AMERICAN WATER WORKS ASSOCIATION. SO AN EIGHT INCH METER WOULD BE OR EXCUSE ME A TWO INCH METER WOULD BE I BELIEVE EIGHT TIMES A FIVE INCH METER. SO IF YOU HAVE A $5,000 IMPACT FEE AND SOMEONE A COMMERCIAL ESTABLISHMENT USES A TWO INCH METER, THEY WOULD THEIR IMPACT FEES WOULD BE EIGHT TIMES THAT $5,000. SO JUST KIND OF SO YOU'RE AWARE THAT THEY DO SCALE BASED ON ON WATER METER SIZE, BOTH THE WATER AND THE WASTEWATER IMPACT FEES. WE NORMALLY DO DEVELOP THESE IN A IN A COMPONENT METHOD. SO THERE'S KIND OF A PIECE FOR WATER SUPPLY. AND TREATMENT, STORAGE, PUMPING TRANSMISSION. AND ON THE SAME SIDE ON THE SAME THING ON THE WASTEWATER SIDE, IF WE CAN, WE TRY TO LOOK AT WASTEWATER TREATMENT, PUMPING AND CONVEYANCE. AND THAT'S JUST BECAUSE THERE IS ONE SENTENCE IN CHAPTER 395 THAT DOES SAY, IF A DEVELOPER COMES IN AND BUILDS A PIECE OF INFRASTRUCTURE THAT IS ON YOUR CAPITAL IMPROVEMENT PLAN THAT WAS USED TO DETERMINE THE IMPACT FEE THAT THAT DEVELOPERS DO A CREDIT, AND THAT'S ALL THAT. CHAPTER 395 SAYS IT DOES NOT SAY OR SPECIFY HOW THAT CREDIT NEEDS TO BE DETERMINED. SO BY DOING THIS IT ALLOWS IT ALLOWS YOU KIND OF A STARTING POINT FOR WHAT THAT CREDIT IS. AT THE END OF THE DAY, WHAT WE WOULD COME TO YOU WITH WHENEVER THIS PROCESS IS DONE IS THAT WE WOULD HAVE A MAXIMUM IMPACT FEE AMOUNT ONE FOR WATER AND ONE FOR WASTEWATER, AND THEN COUNCIL WOULD THEN MAKE A DECISION ON CHARGING ANYWHERE FROM ZERO UP TO WHATEVER THAT MAXIMUM IMPACT FEE IS. BUT THE IMPACT FEES CANNOT BE LEVIED ABOVE THE MAXIMUM. THAT IS DETERMINED AS PART OF THIS STUDY, AND GO TO THE NEXT SLIDE. SO BASICALLY WHAT WE HAVE TO DO, THE PROCESS THAT WE HAVE TO GO THROUGH. SOME OF THIS IS A LITTLE IS A LITTLE ARCHAIC. AND QUITE HONESTLY HAS VERY LITTLE BEARING ON WHAT THE IMPACT FEE IS. BUT IT'S THE WAY THAT THE LEGISLATURE ENVISIONED THAT, THAT THIS WOULD BE DONE.

AND SO IT'S THE PROCESS THAT WE GO THROUGH. SO FIRST OF ALL, WE DEFINE WHAT THAT IMPACT FEE SERVICE AREA IS, WHETHER THAT'S GOING TO BE THE CITY LIMITS, WHETHER THAT'S GOING TO BE THE WATER SERVICE AREA, OR WHETHER THAT'S GOING TO BE THE CITY'S ETJ. AND SO WE DEFINE AND THAT JUST KIND OF PUTS A BOUNDARY ON A MAP, IF YOU WILL, THAT SAYS IF THE CITY PROVIDES SERVICE WITHIN THIS AREA, THEY CAN THOSE ENTITIES, ONCE THEY'RE CONNECTED TO THE WATER AND WASTEWATER SYSTEM, CAN BE LEVIED AN IMPACT FEE. IT DOES NOT IMPLY THAT THE CITY HAS TO SERVE THOSE AREAS.

AND UNLESS THERE ARE OTHER MEANS THAT COMPEL THE CITY TO SERVE THOSE AREAS AND WITHIN WITHIN THAT SERVICE AREA, WE BASICALLY HAVE TO DO A REALLY QUICK LAND USE PLAN. WE NORMALLY TRY TO BASE THAT ON ANY COMPREHENSIVE PLANNING THAT THE CITY HAS ALREADY DONE. ONCE WE'VE DONE THAT, THEN WE CAN ESTIMATE WHAT THOSE WATER AND WASTEWATER UTILITY DEMANDS ARE WITHIN THAT AREA. WE COMPARE THAT TO THE CITY'S EXISTING CAPACITY AGAIN AS BEST WE CAN. AND THE IDEA BEHIND THIS, AND THE WAY IT'S LAID OUT IN CHAPTER 395, IS BECAUSE THEY'RE TRYING TO KIND OF BUILD A BRIDGE, IF YOU WILL, TO HOW YOU WILL DEVELOP THE CIP. SO BASICALLY, WE'RE TRYING TO DETERMINE WHAT DEFICIENCIES MAY EXIST WITHIN THE CITY'S WATER AND WASTEWATER SYSTEM.

CURRENTLY, ONCE THAT HAS BEEN DONE, THEN WE WILL USE THE CITY'S EXISTING TEN YEAR CAPITAL IMPROVEMENTS PROGRAM. NOW AGAIN, WE WOULD ONLY BE USING THOSE PROJECTS THAT ARE RELATED TO GROWTH. SO THE CITY HAS A MUCH LARGER CAPITAL IMPROVEMENT PROGRAM THAT INCLUDES A LOT OF

[00:15:02]

PROJECTS THAT ARE NOT RELATED TO GROWTH, THAT ARE REHAB PROJECTS, THOSE TYPES OF THINGS. AGAIN, WE CANNOT INCLUDE THE COST OF THOSE PROJECTS IN THIS FEE BECAUSE CHAPTER 395 SAYS THAT WE CANNOT DO THAT. WE CAN ONLY USE PROJECTS THAT ARE RELATED TO GROWTH. SO WE TAKE THAT CIP AND THEN YOU CAN ALSO, IF WE CHOOSE TO DO SO, YOU CAN TAKE EXISTING ASSETS THAT HAVE EXCESS CAPACITY. AS LONG AS WE KNOW THE COST OF THOSE PROJECTS, YOU CAN ROLL THAT COST INTO THE IMPACT FEE. AS WELL. SOMETIMES CITIES WANT TO DO THAT, SOMETIMES CITIES DON'T WANT TO DO THAT.

THAT'S SOMETHING THAT WE WOULD WORK WORK THROUGH WITH STAFF AND THE AND THE IMPACT FEE ADVISORY COMMITTEE. BUT THAT IS SOMETHING THAT YOU ARE ALLOWED TO DO ACCORDING TO CHAPTER 395. SO IF YOU HAVE A LOT OF EXISTING ASSETS THAT YOU'VE BEEN THAT HAVE ALREADY BEEN BUILT, THAT DO HAVE EXCESS CAPACITY, PROVIDED THAT WE CAN DETERMINE WHAT THOSE COST THROUGH A FIXED ASSETS SYSTEM OR SOMETHING LIKE THAT, WE CAN TAKE THOSE COSTS AND ROLL THOSE INTO THE IMPACT FEE AS WELL. SO IF WE'RE GOING TO DO THAT, THEN WE WOULD DETERMINE WHAT CURRENT AND FUTURE SERVICE DEMANDS ARE GOING TO BE ALLOCATED TO ALL OF THOSE FACILITIES. BASICALLY, WHAT IS THE GROWTH THAT WE'RE GOING TO USE FOR THIS PLAN AND GO AHEAD AND GO TO THE NEXT SLIDE. SO ONCE WE'VE DONE THAT, WE END UP WITH WHAT'S CALLED A WEIGHTED COST OF EXISTING AND NEW CAPACITY PER LIVING UNIT EQUIVALENT. OR AGAIN, IN LIEU. ONCE WE GET TO THAT POINT, CHAPTER 395 SAYS THAT YOU HAVE TO DO EITHER ONE OF TWO THINGS. ONCE YOU HAVE THIS WEIGHTED COST OF CAPITAL, YOU CAN EITHER TAKE THAT AND YOU CAN JUST CUT IT IN HALF. AND THAT BECOMES THE MAXIMUM IMPACT FEES THAT YOU CAN LEVY. OR YOU CAN GO THROUGH A PROCESS TO DETERMINE A RATE CREDIT. BECAUSE AS THIS NEW INFRASTRUCTURE IS BUILT, A PORTION OF IT IS STILL GOING TO BE SHOULDERED, AS WE DISCUSSED THROUGH THROUGH RATEPAYERS, BOTH EXISTING RATEPAYERS AND NEW RATEPAYERS ARE GOING TO BE CONNECTING TO THE SYSTEM OVER THIS TEN YEAR WINDOW THAT WE'RE LOOKING AT. AND SO THOSE THOSE ARE THE TWO OPTIONS WE WILL GO THROUGH AND DO THE RATE CREDITS.

JUST BECAUSE THAT IS ALWAYS GOING TO BE MORE ADVANTAGEOUS TO THE CITY AND THAT IT WILL PRODUCE A HIGHER IMPACT FEE. AND THE IDEA BEHIND THIS, EITHER THE RATE CREDIT OR TAKING THAT FEE AND CUTTING IT IN HALF, IS BECAUSE WE DON'T WANT TO DOUBLE CHARGE NEW RESIDENTS FOR THESE PROJECTS. SO, YOU KNOW, WE DON'T WANT TO LEVY AN IMPACT FEE ON THEM AND ALSO OVER COLLECT THROUGH THE RATES FOR THAT SAME PROJECT. SO THAT'S WHY WE GO THROUGH THIS RATE CREDIT. OR IF YOU DON'T DO A RATE CREDIT AGAIN, KIND OF A FAIL SAFE. IT'S JUST CUT THAT IN HALF TO DETERMINE WHAT THAT MAXIMUM IMPACT FEE IS GOING TO BE TO THE NEXT SLIDE. SO AGAIN ITEMS PAYABLE BY THE FEE OR CONSTRUCTION SURVEYING ENGINEERING COSTS, LAND ACQUISITION COSTS, FINANCING COSTS AND THEN ENGINEERING COSTS ASSOCIATED WITH WITH THESE FEES, INCLUDING THE COST OF DOING THE STUDY, DOING THE IMPACT FEE STUDY ITSELF AND GO TO THE NEXT SLIDE. AND AGAIN, ITEMS THAT ARE NOT PAYABLE BY THE FEE PROJECTS ARE NOT RELATED TO GROWTH O&M COSTS, EXISTING DEFICIENCIES, ANY ADMINISTRATIVE COSTS AND SCHOOL DISTRICTS. IT IS IMPORTANT TO NOTE THAT SCHOOL DISTRICTS ARE EXEMPT FROM IMPACT FEES UNLESS THEY AGREE TO THEM VIA CONTRACT, SO ANY NEW SCHOOLS THAT WOULD BE CONSTRUCTED WOULD BE EXEMPTED. GO TO THE NEXT SLIDE, PLEASE. SO REALLY KIND OF WHERE WE'RE AT IN THIS THIS PROCESS IS DRIVEN BY A CAPITAL IMPROVEMENTS ADVISORY COMMITTEE OR A SICK. THEY ARE AN ADVISORY COMMITTEE ONLY. THEY DO NOT.

THEY ARE NOT A DECISION MAKING COMMITTEE, BUT THEY ARE THE ONES THAT WE AS AS STAFF AND CONSULTANTS WOULD ORIGINALLY WOULD, WOULD START OUT WORKING WITH AND GO THROUGH MOST OF THIS PROCESS WITH THEM. THE PLANNING AND ZONING COMMISSION IS NORMALLY APPOINTED AS THE CAPITAL IMPROVEMENTS ADVISORY COMMITTEE. JUST BECAUSE IT'S A IT'S A COMMITTEE THAT EXISTS THAT CAN ONLY OCCUR. THERE ARE CERTAIN REQUIREMENTS OF THIS COMMITTEE THAT THAT ARE THAT IT HAS TO BE COMPOSED OF CERTAIN PEOPLE THAT CAN ONLY OCCUR IF THE P AND Z COMMISSION INCLUDES AT LEAST ONE REPRESENTATIVE OF THE REAL ESTATE DEVELOPMENT OR BUILDING INDUSTRY, AND THAT PERSON CANNOT BE AN EMPLOYEE OF A POLITICAL SUBDIVISION OR OTHER GOVERNMENTAL ENTITY. I JUST POINT THAT OUT BECAUSE I HAVE HAD THAT HAPPEN BEFORE, WHERE WE HAD SOMEONE THAT WAS NOT AN EMPLOYEE OF THAT CITY, BUT THEY WERE AN EMPLOYEE OF ANOTHER GOVERNMENT ORGANIZATION, AND THEY COULD NOT FILL THAT ROLE. AND THEN THE OTHER IMPORTANT THING TO NOTE IS THAT IF THIS FEE WOULD BE CHARGED ANYWHERE OUTSIDE OF THE CITY LIMITS OR ANYWHERE INTO THE CITY'S ETJ IS

[00:20:03]

THAT YOU MUST HAVE ONE PERSON ON THE COMMITTEE THAT RESIDES WITHIN THAT AREA. SO THIS ADVISORY COMMITTEE HAS TO BE APPOINTED BY COUNCIL. AND SO WHAT YOU WOULD DO IN THAT INSTANCE IS YOU WOULD JUST BASICALLY MAKE A, HAVE A, HAVE AN ORDINANCE OR A HOWEVER YOU WOULD CHOOSE TO GO THROUGH THAT RESOLUTION THAT WOULD NAME THE PLANNING AND ZONING COMMISSION AS THE CAC. PLUS, YOU WOULD APPOINT SOMEONE FROM THE ETJ TO SERVE ON THAT COMMITTEE WHEN THEY ARE ACTING AS THE CAC. YOU GO TO THE NEXT SLIDE, PLEASE. SO AGAIN, THIS THIS COMMITTEE, THEY SERVE IN AN ADVISORY CAPACITY ONLY. WE WOULD WORK WITH THEM AND CITY STAFF AND ADOPTING LAND USE ASSUMPTIONS, REVIEWING THE CAPITAL IMPROVEMENT PLAN. THEY ARE SUPPOSED TO MONITOR AND EVALUATE THE IMPLEMENTATION OF THAT PLAN AND FILE SEMIANNUAL REPORTS. AGAIN, IF I'M BEING 100% HONEST, I'VE NEVER SEEN A CITY HAVE A CAC THAT ACTUALLY DOES THAT. BUT THE IDEA IS THAT ONCE THIS COMMITTEE IS FORMED, IF YOU GO THROUGH AND ADOPT IMPACT FEES, THEY SHOULD CONTINUE TO FUNCTION AS A CAC AT LEAST TWICE A YEAR JUST TO MAKE SURE AND KIND OF MONITOR EVERYTHING AGAIN, JUST TO MAKE SURE THAT EVERYTHING IS GOING THE WAY THAT IT'S SUPPOSED TO G.

AND THEN THEY WILL ALSO DETERMINE IF AN IMPACT FEE UPDATE IS NEEDED BY STATE STATUTE. IT WANTS TO ADOPT IMPACT FEES. YOU HAVE TO UPDATE THEM EVERY AT LEAST EVERY FIVE YEARS, OR AT LEAST EVERY FIVE YEARS. YOU WOULD HAVE TO MAKE A DETERMINATION THAT THE IMPACT FEES DO NOT NEED TO BE UPDATED, WHICH QUITE HONESTLY, THAT'S JUST THAT'S NEVER GOING TO HAPPEN IN THE REAL WORLD BECAUSE CAPITAL IMPROVEMENT PLANS CHANGE, GROWTH CHANGES. THERE'S TOO MUCH CHANGE OVER A FIVE YEAR PERIOD THAT DOES NOT MEAN THAT YOU CANNOT UPDATE THEM PRIOR TO FIVE YEARS. SOME CITIES THAT ARE GROWING QUICKLY, THEY MAY UPDATE THEM EVERY OTHER YEAR, EVERY THREE YEARS. BUT JUST KNOW THAT ONCE THESE ARE IN PLACE BY STATE STATUTE, YOU HAVE TO REVISIT THEM AT LEAST EVERY FIVE YEARS. YOU CAN GO TO THE NEXT SLIDE. SO AGAIN THIS COMMITTEE WE WILL GO THROUGH THIS PROCESS. WE WILL WORK WITH THEM AND WE WILL COME UP WITH A WITH THIS MAXIMUM ALLOWABLE WATER AND WASTEWATER IMPACT FEE. WE WILL DOCUMENT ALL OF THAT IN A REPORT. THIS COMMITTEE, THE CAC WILL THEN ADOPT THAT REPORT. AND AGAIN BY ADOPTING THAT REPORT, THEY ARE BASICALLY SAYING THAT THE LAND USE APPEARS TO BE REASONABLE, THAT THE CIP APPEARS TO BE REASONABLE, THAT WE HAVE CALCULATED THE MAXIMUM IMPACT FEE CORRECTLY, AND THAT THAT MAXIMUM IMPACT FEE IS X. THIS COMMITTEE DOES NOT HAVE TO RECOMMEND A FEE TO CITY COUNCIL, BUT THEY THEY MAY WANT TO AND SO IF THEY DO THAT WE WILL INCLUDE THAT IN THE REPORT. AS WELL AS MAKE SURE THAT YOU ALL ARE AWARE OF THAT WHEN IT COMES TO THIS BODY FOR APPROVAL. SO KIND OF THE PROCESS THAT THAT WE WOULD GO THROUGH TO, TO DO THIS, ONCE WE START WORKING WITH THE IMPACT FEE ADVISORY COMMITTEE AGAIN, WE'LL KIND OF GO THROUGH THAT PROCESS. THEY WILL ADOPT THE IMPACT FEE REPORT ONCE AND POTENTIALLY MAKE RECOMMENDATIONS TO COUNCIL AT THAT TIME. ONCE THAT IS DONE, THIS IS A FIRST TIME ADOPTION FOR WATER AND WASTEWATER IMPACT FEES. SO AT THE BACK END OF THIS IT'S THERE'S TWO DIFFERENT PUBLIC HEARINGS THAT HAVE TO OCCUR.

ONCE YOU HAVE IMPACT FEES ADOPTED AND YOU GO TO UPDATE THOSE, THEN IT BECOMES A ONE PUBLIC HEARING THING. BUT THE WAY THAT THIS WOULD WORK IS ONCE THAT COMMITTEE APPROVES THE REPORT, WE WOULD THEN SAY WE WOULD THEN COME TO COUNCIL AND SAY, OKAY, THE COMMITTEE HAS APPROVED THE REPORT. IT'S ON FILE. WE NEED YOU TO SET A PUBLIC HEARING DATE FOR THE LAND USE AND CAPITAL IMPROVEMENT PLAN. ONCE THAT DATE IS SET, THEN PUBLIC NOTICE IS PROVIDED.

THAT HAS TO GO OUT IN A NEWSPAPER OF GENERAL CIRCULATION. YOU CAN CERTAINLY PUT IT OTHER PLACES THAT NOTICE HAS TO BE OUT 30 DAYS BEFORE YOU CAN CONDUCT THAT THAT PUBLIC HEARING. SO THEN THAT HEARING, THAT PUBLIC HEARING IS OCCURS ON THE LAND USE AND CAPITAL IMPROVEMENT PLANS. THEN TYPICALLY AND THEN YOU HAVE TO TAKE ACTION. COUNCIL WOULD HAVE TO TAKE ACTION AND SAY, OKAY, WE APPROVE THIS LAND USE AND CAPITAL IMPROVEMENT PLAN FOR USE IN THE IN THE IN THIS IN THIS PROCESS, YOU CAN GO TO THE NEXT SLIDE. AND THEN NORMALLY THAT SAME NIGHT COUNCIL WILL ALSO THEN SET THE NEXT PUBLIC HEARING DATE WHICH IS ACTUALLY FOR IMPACT FEE ADOPTION. AND IT'S KIND OF THE SAME THING THERE. NOTICE HAS TO GO OUT. THAT NOTICE HAS TO BE A 30 DAYS OR SO. IT HAS TO BE A MINIMUM OF 30 DAYS PRIOR TO HOLDING THAT PUBLIC HEARING. SO AT THE BACK END, WHENEVER THE COMMITTEE IS DONE WITH THIS AND KIND OF WHY THIS IS IMPORTANT IS WHEN THE COMMITTEE IS DONE, DONE WITH THIS, WE'RE STILL LOOKING AT IT WOULD BE 60 DAYS MINIMUM IF EVERYTHING FELL EXACTLY RIGHT. BUT AGAIN, THAT IN THE REAL

[00:25:04]

WORLD THAT NORMALLY DOESN'T HAPPEN. SO YOU'RE NORMALLY LOOKING AT ABOUT ANYWHERE FROM 70 TO 80 DAYS FOR A FIRST TIME ADOPTION, WHEN THE COMMITTEE IS DONE WITH THEIR PORTION OF THIS TO HAVE THESE IMPACT FEES IN PLACE, JUST TRYING TO GO THROUGH THIS PUBLIC HEARING PROCESS. SO THE NEXT STEPS FOR THE CITY IS, IS TO CREATE THIS CAC AND TALKING WITH STAFF. IT APPEARS AS THOUGH THE P AND Z COMMITTEE WILL SERVE AS THAT AS THE CAC, WITH ADDED REPRESENTATION FROM THE ETJ. WE ARE CONTINUING TO WORK WITH STAFF TO GATHER AND REFINE DATA THEY'VE ALREADY PROVIDED US WITH SOME DATA AND WE'RE GOING TO CONTINUE TO RECEIVE MORE DATA AND THEN AGAIN GO BACK AND FORTH WITH THEM TO MAKE SURE THAT WE FULLY UNDERSTAND THAT DATA. THEY FULLY UNDERSTAND WHAT WE'RE DOING. ONCE ALL OF THAT IS DONE, THAT DATA WILL GO TO THE CAC FOR THEIR COMMENTS. AGAIN, THERE THERE ARE ADVISORY BODY THAT THAT WE'RE WORKING WITH. SO WE WANT TO MAKE SURE THAT THEY FEEL COMFORTABLE WITH THE PROCESS, THAT THEY FEEL COMFORTABLE WITH THE DATA. WE OBVIOUSLY UNDERSTAND THAT THE CAC MEMBERS ARE TYPICALLY NOT LAND USE EXPERTS. THEY'RE NOT ENGINEERS OR EXPERTS IN IN IMPACT FEE DEVELOPMENT. I SAY THAT I HAVE HAD SOME ENGINEERS SERVE ON MY CAC THAT THAT REALLY KNOW EVERYTHING. SO WE DO WANT TO ALWAYS MAKE SURE THAT WE TAKE THE TIME WITH THEM TO FULLY UNDERSTAND AND EXPLAIN EVERYTHING TO THEM, THAT THAT THEY'RE NOT FEELING OVERWHELMED BY SOME OF THIS AND THAT THEY'RE COMFORTABLE WITH WHAT IS GOING TO COME TO THIS BODY AND THEN AGAIN, ONCE EVERYONE IS DONE WITH THAT, THAT DRAFT IMPACT FEE REPORT, THAT THEY WILL APPROVE WILL BE PRESENTED TO COUNCIL AND GO TO THE NEXT SLIDE, PLEASE. SO THAT'S KIND OF A REALLY QUICK IMPACT FEE 101 IF YOU WILL, AT THIS POINT, I'D BE HAPPY TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE. WE WON'T SHOW IT, BUT THERE IS ONE SLIDE AFTER THIS THAT JUST CLEARLY IT'S A COPY AND PASTE OF THE REQUIREMENTS FOR THE CAC, JUST SO THAT YOU HAVE THOSE AS WELL. SO WHEN YOU'RE PUTTING THAT TOGETHER, YOU CAN MAKE SURE THAT YOU CHECK ALL OF THE BOXES FOR THAT. COUNCILMAN GOETZ. SO IF A DEVELOPER HAS A CHOICE TO BUILD SOMETHING IN A COMMUNITY THAT HAS ADOPTED IMPACT FEES VERSUS A NEARBY COMMUNITY THAT DOES NOT HAVE IMPACT FEES, WHERE'S THE DEVELOPER GOING TO GO? I HAVE NEVER SO THAT'S THE ARGUMENT THAT WE'VE ALWAYS HEARD. AND WHAT IMPACT FEES FIRST CAME ABOUT. THAT WAS THE ARGUMENT THAT THAT WE THAT WE ALWAYS HEARD IS, WELL, IF WE HAVE IMPACT FEES AND SOMEONE ELSE DOESN'T DEVELOP, WE'RE GOING TO STEER DEVELOPMENT TO SOMEONE THAT DOESN'T HAVE IMPACT FEES. IF WE LOOK AT, LET'S SAY, THE CITY OF NEW BRAUNFELS IN CENTRAL TEXAS, THEIR COMBINED WATER AND WASTEWATER IMPACT FEE, I'M NOT SAYING THAT YOURS WOULD BE ANYWHERE NEAR THIS, BUT THEIR COMBINED WATER AND WASTEWATER IMPACT FEE, I BELIEVE IS AROUND 2720 $8,000 PER THE CITY OF NEW BRAUNFELS IS ALSO ONE OF THE FASTEST GROWING CITIES IN THE STATE OF TEXAS. ALL THE SURROUNDING COMMUNITIES. THEY ALSO HAVE IMPACT FEES, BUT THERE'S ARE SIGNIFICANTLY LESS. ALL THAT'S TO SAY IS THAT I HAVE NOT SEEN ANY CORRELATION BETWEEN IMPACT FEES AND GROWTH GOING SOMEWHERE ELSE. THAT'S WHAT YOU WILL HEAR FROM THE DEVELOPMENT COMMUNITY. BUT I HAVE JUST NOT SEEN THAT IN, IN, IN PRACTICE. NOW THAT IS OBVIOUSLY COMMUNITY, COMMUNITY DEPENDENT ON WHAT THAT IMPACT FEE IS AND HOW THAT RELATES TO YOUR TYPICAL HOUSING COST. BUT YOU KNOW, AGAIN, IF WE'RE TALKING ABOUT AN IMPACT FEE, THAT'S $5,000 AND A TYPICAL HOME IS $200,000, NEW NEW CONSTRUCTED HOME IS $200,000, THEN YOU'RE BASICALLY TALKING AT, YOU KNOW, A 30 YEAR MORTGAGE OF $200,000 VERSUS $205,000. AND QUITE HONESTLY, THAT'S JUST NOT A SIGNIFICANT DETERRENT TO THAT. AND SOME DEVELOPERS ACTUALLY LIKE THE FACT THAT A COMMUNITY WOULD HAVE IMPACT FEES, AGAIN, BECAUSE SOMETIMES THOSE ARE THE COMMUNITIES THAT ARE THAT ARE GETTING ALL THIS INFRASTRUCTURE OUT THERE TO SERVE THAT GROWTH. YES. COUNCILMAN NEILL, SO WHAT AREAS OF BEAUMONT ARE WE SEEING GROWTH THAT WOULD MAKE THIS NECESSARY? I KNOW YOU, YOU USE NEW BRAUNFELS, BUT SOMEBODY FACT CHECKED ME ON THIS. BUT BEAUMONT IS THE ONLY CITY THAT HAD OVER 100,000 PEOPLE THAT LOST POPULATION IN THE LAST CENSUS. SO THAT WOULD IN PART BE A QUESTION TO CITY STAFF. BUT I WILL SAY IN MY DISCUSSIONS WITH THEM, IT'S NOT ONLY RESIDENTIAL GROWTH, BUT IT CAN BE OTHER TYPES OF GROWTH, SUCH AS NEW INDUSTRIAL CUSTOMERS COMING IN THAT THIS IMPACT FEE COULD, COULD APPLY TO AS WELL. THANK YOU, COUNCILMAN TURNER AND THEN COUNCILMAN GOETZ, CAN YOU KIND OF SPEAK TO LIKE COMING POSSIBLE SUCCESS RATES OF DOING THINGS

[00:30:08]

LIKE IMPACT FEES. LIKE WHAT ARE SOME THINGS YOU'VE KIND OF SEEN IN YOUR PRACTICE AS FAR AS WHAT MAKES THEM SUCCESSFUL? YES, SIR. WELL, AS FAR AS FIRST TIME ADOPTIONS GO, I'M ALWAYS JUST LIKE I AM WITH WITH UTILITY RATES. AND Y'ALL HAVE HEARD ME SAY THIS ON THAT. I BELIEVE IN BEING OPEN. I BELIEVE IN BEING TRANSPARENT WITH WITH THE COMMUNITY, NOT JUST THE DEVELOPMENT COMMUNITY, BUT THE COMMUNITY AT LARGE, AND JUST KIND OF LETTING THEM KNOW WHAT THESE CAN AND CAN'T BE USED FOR AND WHO THEY'RE GOING TO APPLY TO AND WHO THEY'RE NOT GOING TO APPLY TO. ONE OF THE THINGS THAT WE SEE SOMETIMES IN FIRST TIME ADOPTION CITIES IS RESIDENTS WILL GET THE IDEA THAT THIS IS GOING TO APPLY TO THEM, AND IT'S GOING TO BE APPLIED, YOU KNOW, SO ALL OF A SUDDEN THEY'RE GOING TO GET A BILL FOR, YOU KNOW, TWO, THREE, $4,000, WHATEVER THIS IMPACT FEE IS. AND SO WE JUST HAVE TO MAKE THAT KNOWN RIGHT UP FRONT AGAIN, THAT THIS DOES NOT APPLY. THIS IS NOT APPLIED TO EXISTING RESIDENTS THAT THAT ARE HERE NOW THAT ARE YOU KNOW, NOT GOING TO MOVE AND MOVE INTO A NEW BUILD HOME. AND AGAIN, JUST SO JUST AGAIN, REALLY IT'S JUST KIND OF WORKIN, WORKING THROUGH THAT PROCESS AND MAKING SURE THAT EVERYONE FEELS COMFORTABLE WITH IT. BOTH THE COMMITTEE AS WELL AS COUNCIL, IT TENDS TO NOT BE AS EFFECTIVE OF, YOU KNOW, OBVIOUSLY IF COUNCIL IS NOT BEHIND IT AND DOES NOT SUPPORT THE IDEA, COUNCILMAN GOETZ, CAN THIS TYPE OF FEE BE LIMITED TO INDUSTRIAL ONLY OR IS IT AN ALL OR NOTHING TYPE OF DEAL? WHAT I WOULD RECOMMEND IS THAT. IF YOU MOVE FORWARD WITH THIS PROCESS AND YOU GO THROUGH AND YOU ENACT IMPACT FEES, YOU WILL OBVIOUSLY YOU WILL HAVE TO CREATE AN IMPACT FEE ORDINANCE THAT GOES ALONG WITH THAT. WHAT I TYPICALLY RECOMMEND IS THAT THAT IMPACT FEE AND THAT IMPACT FEE ORDINANCE, THE STARTING POINT IS THAT IT WOULD APPLY TO EVERYTHING. HOWEVER, WE ALWAYS TRY TO INCLUDE A SECTION WITHIN THAT ORDINANCE THAT SAYS THAT COUNCIL HAS THE DISCRETION TO WAIVE OR REDUCE IMPACT FEES ON A ON A CASE BY CASE BASIS. THAT WAY, YOU'RE NOT NECESSARILY TYING THE HANDS OF FUTURE COUNCILS, BUT IT STILL GIVES YOU THE DISCRETION TO WAIVE IMPACT FEES OR REDUCE IMPACT FEES, BECAUSE WE HAVE SEEN CITIES DO THAT. YOU KNOW, THIS KIND OF TIES IN WITH WITH YOUR PREVIOUS QUESTION ABOUT DO IMPACT FEES DETER GROWTH? THERE HAVE THERE ARE SOME CITIES THAT WILL LEVY DIFFERENT IMPACT FEES AND DIFFERENT AREAS. MANY YEARS AGO, AGAIN, NOT IN TEXAS BUT IN ARIZONA, THE CITY OF PHOENIX CREATED SEVERAL DIFFERENT IMPACT FEES AROUND THEIR CITY TO TRY TO ENCOURAGE GROWTH IN CERTAIN AREAS. AND THEY THEY REDUCED IMPACT FEES IN OTHER AREAS. I HAVE SEEN OTHER CITIES THAT THAT CERTAINLY FOR CERTAIN TYPES OF DEVELOPMENT, THEY MAY WAIVE OR REDUCE IMPACT FEES AS AS NEEDED. SO DOES THAT ANSWER YOUR QUESTION? SO BASICALLY YOU'RE SAYING YOU'VE SEEN THEM USE THEM AS INCENTIVES. BUT MY NEXT QUESTION IS EMPOWERMENT EMPOWERMENT ZONES. YOU KNOW YOU HAVE AREAS THAT ARE EMPOWERMENT ZONES. HOW HOW ARE THOSE NORMALLY BECAUSE YOU JUST SUGGESTED THAT IT WOULD BE GOOD TO DO ALL BUT EMPOWERMENT ZONES. HOW DO YOU NORMALLY DEAL WITH THOSE? AGAIN, I THINK THAT'S A DECISION THAT THAT COUNCIL WOULD NEED TO MAKE. AND CERTAINLY IF THAT'S SOMETHING THAT YOU WOULD FEEL THAT YOU WOULD NEVER WANT TO LEVY IMPACT FEES IN THOSE EMPOWERMENT ZONES AND THAT CAN BE INCLUDED IN THE ORDINANCE. OR AGAIN, THOSE COULD BE HANDLED ON A ON A CASE BY CASE BASIS. THE, YOU KNOW, THE THING WITH JUST AS I AGAIN, KIND OF SIMILAR TO RATES, THE ONLY THING ABOUT STARTING TO WAIVE IMPACT FEES AND IT'S NOT A BAD THING. I'M NOT SAYING THAT IT'S A BAD THING AT ALL, BUT AS YOU WAIVE IMPACT FEES FOR SOME, THEN THOSE COST TYPICALLY ARE STILL THERE. AND SO THOSE COSTS ARE GOING TO GET PASSED ON TO YOUR TO YOUR RATEPAYERS. BUT BUT THERE'S NOTHING THAT SAYS THAT YOU CAN'T, YOU KNOW, THAT YOU COULDN'T WAIVE IMPACT FEES FOR EMPOWERMENT ZONES. ALL RIGHT. THANK YOU SIR. OH, COUNCILMAN, GET A COPY OF YOUR PRESENTATION TODAY, PLEASE. OKAY. I'LL BE A CITY STAFF. HAS THAT SO, SO SHE WILL FORWARD IT TO YOU. AND ONE COMMENT, MAYOR AND COUNCIL, WE'VE BEEN WORKING WITH MR. GRADY ON THIS FOR THE LAST FEW MONTHS. AND THIS IS SOMETHING, YOU KNOW, WE WANT BEAUMONT TO GROW AND WE WANT TO REDUCE COST

[00:35:04]

TO THE RATEPAYERS, THE EXISTING RATEPAYERS. AND THIS WILL HELP TO REDUCE THE COST EACH YEAR. WE HAVE TO RAISE WATER AND WASTEWATER RATES. SO THIS WILL MITIGATE THOSE COSTS TO EXISTING RATEPAYERS. AND WE WANTED TO BRING THIS TO COUNCIL AS A WAY OR AS A MEANS TO HELP GENERATE MORE REVENUE TO OFFSET OUR WATER AND SEWER OPERATIONS REVENUE. SO WE WANT TO CONTINUE TO MOVE FORWARD WITH THIS. WE WILL, WE CAN OR WE WILL GIVE THE PLANNING AND ZONING COMMISSION A ONE 101 UPDATE, AS GRADY HAS DONE, AND WE WILL BRING AN ORDINANCE BACK TO COUNCIL TO APPOINT ONE MEMBER IN THE ETJ SO THAT WE CAN CONTINUE THIS PROCESS. THANK YOU, COUNCILMAN GAETZ. MR. ELLIS, YOU'RE TALKING ABOUT HOW THIS CAN SOMEHOW HELP EXISTING RATEPAYERS, BUT IT CAN'T BE USED FOR MAINTENANCE AND OPERATIONS. SO HOW HOW IS IT HELPING EXISTING RATEPAYERS? WELL, MOVING FORWARD, NEW CONSTRUCTION AS MR. GRADY MENTIONED, WE CAN ONLY IMPLEMENT THIS COST FOR NEW CONSTRUCTION GOING FORWARD. IF THIS IF THIS FEE ISN'T IMPLEMENTED FOR THOSE NEW COSTS GOING FORWARD, THEN ALL OF THE RATEPAYERS HAVE TO PAY FOR IT. IT WON'T BE MITIGATED. SO FOR NEW CONSTRUCTION. SO BASICALLY LET'S SAY YOU HAVE A NEW PIPELINE THAT'S GOING TO COST $10 MILLION AND YOU'VE DECIDED YOU'RE GOING TO SAVE YOUR IMPACT FEES AND YOU'VE SAVED UP $2 MILLION WORTH OF IMPACT FEES, THEN YOU COULD USE THAT $2 MILLION IN IMPACT FEES TO PAY FOR A PORTION OF THAT PIPELINE. SO IN THAT CASE, YOU WOULD ONLY, YOU KNOW, $8000 OR $8 MILLION OF THAT PIPELINE WOULD THEN GO INTO THE RATES INSTEAD OF THE FULL TEN. DOES THAT DOES THAT MAKE SENSE? IT'S JUST IT'S ANOTHER REVENUE STREAM AND ANOTHER POOL OF MONEY THAT YOU CAN USE TO PAY FOR SOME PROJECTS ORDINARILY. ISN'T THIS PUT ON THE BACK OF THE DEVELOPER, THOUGH? IF YOU WANT TO DO A DEVELOPMENT AND YOU'RE GOING TO NEED THE INFRASTRUCTURE NECESSARY TO GET THERE, HOW MUCH OF THAT IS TYPICALLY BORNE BY THE DEVELOPER VERSUS THE PUBLIC ENTITY? THAT'S GOING TO VARY FROM FROM CITY TO CITY, AND WHAT THEIR DEVELOPMENT POLICIES ARE, THINGS THAT ARE NOT INCLUDED IN IMPACT FEES ARE INTERNALS WITHIN WITHIN THE DEVELOPMENT. SO THOSE SMALL DIAMETER YOU KNOW, WATER DISTRIBUTION LINES, THOSE THOSE ARE ALWAYS ON THE ON THE BACKS OF THE DEVELOPER. SOME CITIES, DEPENDING UPON WHAT WE'VE SEEN, IF THERE'S A DEVELOPMENT THAT OCCURS, YOU KNOW, A LITTLE BIT AWAY FROM A, FROM A WATER MAIN FOR EXAMPLE, SOMETIMES THE ENTITY WILL REQUIRE THE DEVELOPER TO CONSTRUCT THE INFRASTRUCTURE TO GET FROM WHEREVER THEIR DEVELOPMENT IS TO THAT WATER MAIN. THAT IS SOMETHING THAT THAT CAN BE DONE WHERE IT IS HARDER TO BRING IN MONEY FROM DEVELOPERS FOR, FOR DEVELOPMENT THAT OCCURS IS CERTAINLY AT THINGS LIKE A WATER TREATMENT PLANT. AND SO HAVING IMPACT FEES IS A MUCH CLEANER WAY OF RECOUPING THAT INCREMENTAL COST THAT THAT THEY'RE BRINGING THAT INCREMENTAL CAPACITY THAT'S NEEDED THAT SAY LARGE FACILITIES LIKE LIKE THAT, LIKE A WATER TREATMENT PLANT OR, OR A WATER STORAGE TANK IN WHICH IT'S HARDER TO, TO REALLY A DEVELOPER TYPICALLY IS NOT GOING TO COME IN AND CONSTRUCT A WATER STORAGE TANK, FOR EXAMPLE. IT IT DOES HAPPEN, BUT THAT'S TYPICALLY NOT GOING TO OCCUR NOW AGAIN, OUTSIDE OF IMPACT FEES THROUGH DEVELOPMENT AGREEMENTS. YOU COULD YOU COULD TELL TELL A DEVELOPER, HEY, IF YOU IF YOU CONSTRUCT THIS DEVELOPMENT WE NEED, WE'RE GOING TO HAVE TO BUILD A NEW A NEW WATER STORAGE TANK. AND WE KNOW THAT YOU'RE NOT GOING TO BUILD THAT FOR US, BUT WE THINK IT'S GOING TO COST THIS MUCH. AND WE WANT YOU TO PAY FOR X DOLLARS. I MEAN, YOU CAN YOU CAN DO THAT THROUGH A DEVELOPER AGREEMENT, BUT THAT'S NOT A, YOU KNOW, THAT'S AN AD HOC THING. THAT'S A NEGOTIATED THING. WE'RE HAVING IMPACT FEES. IT'S A LITTLE BIT CLEANER. THANK YOU SIR. THANK YOU. FOR THOSE THAT WERE HERE FOR PRESENTATIONS AND WOULD LIKE TO LEAVE, NOW IS THE TIME TO DO SO. AND THANK YOU FOR COMING. AND AT THE CLOSE OF THE CITY COUNCIL MEETING TODAY, WE'LL RECESS INTO EXECUTIVE SESSION TO CONSIDER MATTERS TO CONTEMPLATED OR PENDING LITIGATION IN ACCORDANCE WITH

[00:40:01]

SECTION 551.07. ONE OF THE GOVERNMENT CODE. KHALID MAHMOOD VERSUS CITY OF BEAUMONT CALLS

[PUBLIC COMMENT ON AGENDA/CONSENT]

NUMBER E198371. AND NOW IS THE TIME FOR ANY CITIZEN WHO WISHES TO SPEAK. YOU MAY MAKE PUBLIC COMMENTS ON THE CONSENT AGENDA OR REGULAR AGENDA ITEMS ONE THROUGH EIGHT OR ANY OTHER TOPIC. THE CITY CLERK WILL CALL YOUR NAME WHEN IT'S YOUR TIME TO SPEAK. WHEN YOU APPROACH THE PODIUM, PLEASE SAY YOUR ADDRESS, 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 COUNCIL CANNOT RESPOND WHENEVER YOU'RE MAKING COMMENTS, BUT SOMEONE FROM OUR OFFICE WILL CONTACT YOU. JORDAN SB. DORAN, SB, 45, 20 CARTER STREET, BEAUMONT, TEXAS. GOOD AFTERNOON COUNCIL I'M HERE REPRESENTING THE LIBRARY COMMISSION OF BEAUMONT, OF WHICH YOU APPOINTED. I WANT TO TALK ABOUT THE USAGE OF THE LIBRARIES. I WANT YOU TO KNOW THAT THE CITIZENS IN YOU ARE VERY FORTUNATE THAT WE GET EXCELLENT USE FROM ALL OF OUR LIBRARIES, BUT I WANT TO FOCUS ON THE DOWNTOWN LIBRARY, AND I'M SURE YOU GET STATISTICS EVERY MONTH, AND YOU KNOW THAT THESE LIBRARIES ARE HIGHLY USED. I JUST WANT TO POINT OUT SOME UNUSUAL THINGS THAT YOU MAY NOT BE ABLE TO SEE IN THE REPORT. FOR EXAMPLE, SCHOOL DROP OUTS IN THE DOWNTOWN LIBRARY. THIS IS THE ONLY PLACE THAT'S OFFERED, AND THAT IS WE OFFER GED TRAINING FOR ALL THESE SCHOOL DROP OUTS. AND THERE ARE THOUSANDS OF THEM EVERY MONTH. WE TRAIN THEM SO THAT THEY CAN PASS AND GET THEIR GED SO THAT THEY CAN IMPROVE THEIR ADULT LIFE, WHICH WOULD WOULD NOT HAVE BEEN HAD THEY REMAINED A DROP OUT. THAT'S JUST ONE OF THE THINGS YOU KNOW, AND SOME OF OUR CITIZENS, THEY WANT TO DO SOME GARDENING OR THEY MIGHT WANT TO DO SOME REPAIRS, AND THEY CANNOT AFFORD THE HIGH COST OF A PIECE OF EQUIPMENT IN OUR LIBRARY. THEY CAN CHECK OUT TOOLS. I DON'T KNOW IF YOU KNEW THAT PEOPLE AT HOME SOMETIMES CANNOT AFFORD HIGH, EXPENSIVE COOKWARE YOU CAN CHECK OUT. YOU CAN CHECK OUT COOKWARE FROM THE LIBRARIES. WE HAVE SPECIFICS ABOUT HOW ALL THESE THINGS MUST BE RETURNED. WHEN YOU'RE LOOKING AT OUR STATISTICS. I DON'T KNOW IF YOU KNOW ALL OF THIS, BUT WE HAVE ACTIVITIES ON THE NET. STEAM ACTIVITIES FOR ALL AGE LEVELS BECAUSE WE WANT TO FOCUS ON ALL OF OUR CITIZENS, NOT JUST CERTAIN SEGMENTS OF OUR CITIZEN.

SO WE HAVE WE HAVE STEAM AND WE HAVE STEAM. WE HAVE STEAM BECAUSE WE ADD THE A, WHICH IS FOR ARTS. SO WE HAVE ACTIVITIES FOR ALL LEVELS. WHEN YOU GET YOUR STATISTICAL REPORT FROM THE LIBRARY MONTHLY, I'M SURE YOU GET IT. PAY ATTENTION TO SOME OF THESE THINGS THAT ARE NOT JUST CHECKING OUT BOOKS. SO I WANT TO THANK YOU FOR PROVIDING ALL OF THESE SERVICES FOR ALL OF OUR CITIZENS, FOR ALL CATEGORIES. THANK YOU. THANK YOU MA'AM. SHERIDAN JEFFERSON.

GOOD AFTERNOON. MY NAME IS SHERIDAN JEFFERSON. I LIVE AT 4785 LUFKIN STREET, ALONG WITH MY HUSBAND, ISAAC. I STAND BEFORE YOU ON BEHALF OF ALL THE CITIZENS WHO ARE HAVING SEWAGE AND WATER PROBLEMS. MR. MIKE HARRIS DID COME OUT AND TALK WITH US, AND HE TRIED AND EXPLAINED THE PROBLEM, BUT WE DID NOT COME TO A CLEAR SOLUTIO. HOWEVER, AFTER BEING PRESENT IN HERE FOR A WHILE, MR. MIKE HARRIS HAS CALLED ME OUTSIDE AND INFORMED ME THAT HE'S WILLING TO WORK ON SOMETHING ELSE THAT MIGHT HELP MY PROBLEM. THAT I'M HAVING THERE AT 4785 LUFKIN STREET, BECAUSE WHEN IT RAINS, WE EITHER HAVE TO HAVE A DUMP TRUCK COME OUT AND HE MIGHT SPEND ALL DAY TRYING TO DRAW THAT WATER OUT. AND IF HE DOES NOT COME IN TIME, THAT WATER

[00:45:05]

BEGINS TO SEEP BACK. THAT SEWAGE WATER IN MY HOUSE, WE HAVE BEEN HAVING THE PROBLEM FOR THE LAST FOUR YEARS. TWO OF THOSE YEARS WE HAD A DROUGHT, SO WE WERE AT EASE. BUT IT IS BEGINNING TO RAIN AGAIN AND WE ARE EXPECTING A HARD RAIN OF SOME RAIN TOMORROW. SO I'M JUST PLEASED WITH THE FACT THAT HE IS WILLING TO GO A STEP FURTHER TO HELP ME HELP TO HELP US AT OUR HOUSE, BECAUSE IT'S NOT ONLY EMBARRASSING WHEN WE HAVE COMPANY, BUT IT'S ALSO SO TIRING TO HAVE TO DEAL WITH THAT PROBLEM. THANK YOU. THANK YOU, JENNY SIMON. GOOD AFTERNOON.

EACH ONE OF YOU. I AM JENNY SIMON. I LIVE AT 4530 GOLIAD STREET. HERE IN BEAUMONT. I WANTED TO SPEAK TO YOU ALL ABOUT I RECEIVED I WAS, I RECEIVED A LETTER ON SATURDAY TELLING ME ABOUT HOW MUCH I OWED FOR SOME PROPERTY THAT HAD BEEN THAT THEY HAD CUT THE GRASS OFF. I WAS SUPPOSED TO HAVE HAD A LETTER IN JULY, BUT IT THE IT WAS SENT BACK TO THE CITY AND I DID NOT RECEIVE IT. AND IN NOVEMBER I GET A LETTER TELLING ME HOW MUCH I OWE. I WAS WONDERING, I CAME AND I SPOKE TO SOMEONE ON YESTERDAY AND THEY TOLD ME THAT THE ORIGINAL LETTER WAS SENT IN JULY. IT WAS RETURNED IN AUGUST AND THE PROPERTY WAS CUT IN AUGUST. IN SEPTEMBER. SO HERE IN NOVEMBER, I GET A LETTER AND I WENT TO THE POST OFFICE AND I ASKED THEM WHY WAS THE LETTER SENT BACK UNCLAIMED? THEY SAID THE ONLY REASON IS BECAUSE EITHER THE NAME WAS NOT OR THE ADDRESS WAS NOT CLEAR, AND THAT IS THE ONLY WAY THEY SENT A MAIL BACK TO THE PERSON THAT SENT IT.

SO I WAS I ASKED, WELL, WHY DID I NOT RECEIVE THE LETTER IN JULY? AND THEN I GET THE LETTER IN NOVEMBER WHERE IT'S TELLING ME HOW MUCH I OWE. I LIVE ALONE, I'M 89 YEARS OLD, I LIVE ALONE, AND I GO AND I WORKED ON THE PROPERTY MYSELF, AND I DO. I WAS, I HAD WENT TO MY NIECE TO ASK HER. SHE HAD CALLED ME AND TOLD ME SHE HAD FOUND SOMEONE WHO WAS GOING TO DO THE WORK FOR ME. AND WHEN I CAME BACK, THE GRASS WAS CUT AND I BEGAN TO JUST PRAISE GOD. I SAID, OH, SOMEONE FINALLY DID THIS FOR ME. AND HERE IN NOVEMBER, I GET A LETTER TELLING ME I OWE $408 AND SOME CENTS. WHY? I WANT TO KNOW WHY WAS THAT? HOW DID THAT HAPPEN? SO I WAS TOLD ON YESTERDAY THAT I WAS TO SPEAK WITH THE LADY THAT CHECKED THE PROPERTY, BUT I PREFER SPEAKING TO HER TO THE PERSON THAT'S OVER HER. BECAUSE ONCE YOU SHE SENT THE LETTER TO ME, I SHOULD HAVE RECEIVED. THANK YOU MA'AM, THANK YOU. AARON REYNOLDS, JUNIOR. MY NAME IS AARON REYNOLDS JUNIOR. I RESIDE AT 6945 SALIDA HERE IN THE CITY OF BEAUMONT. MY PURPOSE FOR COMING BEFORE YOU TODAY IS TO REGISTER A CLAIM AND A COMPLAINT. FIRE MARSHAL FOR THE CITY OF BEAUMONT ISSUED A STOP WORK ORDER FOR THE BALE ESTATES, LOCATED AT 3680 MEADOW ROAD HERE IN BEAUMONT. THE PURPOSE, HE SAID, WAS THE FOURTH TO STOP ALL THE STOP WORK ORDER TO BE ISSUED BECAUSE THERE WAS

[00:50:04]

NO FIRE HYDRANTS AND THE FIRE DEPARTMENT DID NOT HAVE ACCESS TO THE PROPERTY. I MET WITH HE AND THE STAFF AND WE CAME TO AN AGREEMENT THAT IF I INSTALLED A FIRE HYDRANT AND INSTALLED RUBBER MATS SO THAT THE FIRE DEPARTMENT WOULD HAVE ACCESS, THAT THE STOP WORK ORDER WOULD BE LIFTED. I DID EXPLICITLY WHAT HE SAID. I IN TURN HIRED A PLUMBER TO INSTALL THE FIRE HYDRANTS. THE ONE FIRE HYDRANT WAS INSTALLED THE RUBBER MATS WERE INSTALLED, THE STOP WORK ORDER WAS LIFTED. AFTER WE BEGAN TO PROCEED WITH THE PROJECT. A DISCUSSION WAS HELD BETWEEN THE PLUMBER AND THE FIRE MARSHAL, AND UNDER HIS DIRECTIVE, HE REMOVED THE MATS WHICH PUT ME IN VIOLATION OF THE FIRE CODE. I DEMANDED THAT HE REPLACE THOSE MATS BACK WHERE THEY WERE. HE REFUSED. HE IN TURN QUIT. THE DAY AFTER THAT. THE FIRE MARSHAL SHOWED BACK UP AGAIN AND ISSUED A STOP WORK ORDER. ON JUNE 1ST OF 2023. I CONTINUOUSLY ASKED THE FIRE MARSHAL TO ALLOW ME TO PROTECT MY INVESTMENT BECAUSE I KNOW THAT IF THAT LUMBER WOULD BE EXPOSED TO THE ATMOSPHERE, IT WOULD CREATE MOLD. IT WOULD CAUSE THE TIMBER OR THE LUMBER TO BECOME BENT. HE CONTINUED TO SAY NO. IN MARCH OF THIS YEAR, I HAD A MEETING AGAIN WITH THE FIRE MARSHAL, BOYD MEYER, BO HANSEN, ED BROWN, AND A NUMBER OF THE OTHER CITY STAFF ASKING THEM, ASKING HIM TO ALLOW ME TO PROTECT MY INVESTMENT. HE AND BO HANSEN. I'M TALKING ABOUT JOE MEDINA. HE AND BO HANSEN MADE THE STATEMENT THAT TWO MORE WEEKS WOULD NOT MAKE A DIFFERENCE, BECAUSE THAT WAS MY TARGET DATE. TO HAVE THE ENTIRE FIVE HYDROGEN SYSTEM PUT IN INSTEAD, I HAD AN ASSESSMENT DONE. I HAD 900 AND SOME THOUSAND DOLLARS WORTH OF DAMAGES TO MY INVESTMENT BECAUSE THE FIRE MARSHAL REFUSED TO ALLOW ME TO PROTECT MY INVESTMENT. I WASN'T TRYING TO PROGRESS THE PROJECT. ALL I WANTED TO DO WAS PROTECT WHAT I HAD. I NEED TO I NEED A MINUTE.

I'M NOT THROUGH. WE DON'T. YES, SIR. BUT WE. IT'S WE'RE LIMITED TO THREE MINUTES. THANK YOU. WE ALL NEED TO DO SOMETHING. TONY CARRIER. HELLO, EVERYONE. MY NAME IS TONY CARRIER. I LIVE ON INEZ STREET. I DON'T WANT TO SAY MY ADDRESS AND I DON'T HAVE ANYTHING TO SAY. I JUST WANTED TO SAY I HOPE YOU HAD A VERY HAPPY HOLIDAY. AND I WANTED TO COME AND THANK AJ PERSONALLY, BECAUSE I GOT A GOOD GRADE FOR THAT. YOU KNOW, IT'S VERY IMPORTANT WHEN WE CONTACT YOU AND ASK YOU TO COME, YOU KNOW, GET A RESPONSE. IT'S REALLY IMPORTANT BECAUSE IT MADE A DIFFERENCE IN THE GRADE THAT I RECEIVED, AND I WANT TO THANK YOU FOR THAT. AND I WANT TO THANK THE MAYOR FOR DOING WHAT HE DO. AND I WANTED TO COME BACK AND SAY KIND OF NOT REALLY APOLOGIZE, BUT LET YOU KNOW I WAS SO EMOTIONAL THE LAST TIME I CAME AND SPOKE. AND THAT'S JUST PART OF BEING A WOMAN, YOU KNOW? SO I JUST WANT TO TELL YOU GUYS, THANK YOU SO MUCH. AND HERE ARE SOME COOKIES AND I GOT TO GET OUT OF HERE SO I DON'T BE LATE FOR CLASS. OKAY? OKAY. THANK YOU. THANK YOU. OH, I'M SORRY. THAT'S ALL I HAVE. MAYOR. ALL RIGHT. PUBLIC COMMENTS CLOSED.

[CONSENT AGENDA]

WE'LL MOVE ON TO THE CONSENT AGENDA. AND ITEM M HAS BEEN PULLED. SO IS THERE A MOTION AND A SECOND FOR APPROVAL OF THE CONSENT AGENDA? MAYOR, I MOVE TO APPROVE THE CONSENT AGENDA, ASKING THAT ITEM D BE PULLED AND VOTED ON SEPARATELY. SECOND. OKAY, IT'S BEEN MOVED AND SECONDED TO REMOVE ITEM D AND BE VOTED ON. SECONDLY. ALL THOSE IN FAVOR THAT SIGNIFY BY SAYING AYE. AYE. ANY OPPOSED? THE MOTION IS CARRIED. ALL RIGHT. SO NOW WE HAVE A MOTION AND A SECOND, COUNCILMAN NEAL, THAT YOUR SECOND WAS ALSO FOR APPROVAL OF THE CONSENT AGENDA MINUS ITEM D? YES, SIR. AND ITEM M HAS BEEN PULLED. IS THERE ANY OTHER DISCUSSION? MAYOR, I'M

[00:55:03]

SORRY FOR CLARIFICATION. ARE WE GOING TO READ ITEM D BEFORE WE I WAS GOING TO DO THAT RIGHT AFTER THE CONSENT. ALL RIGHT. ALL THOSE IN FAVOR OF APPROVING THE CONSENT AGENDA WITH ITEM M PULLED AND ITEM D GOING TO BE READ NEXT, SIGNIFY BY SAYING AY. AYE. ANY OPPOSED? THE MOTION IS

[D. Council to consider a resolution approving compensation for the City Manager, City Attorney, City Clerk, and the Chief Magistrate.]

CARRIED. ALL RIGHT. LET'S DO ITEM D MR. CITY MANAGER COUNCIL, TO CONSIDER A RESOLUTION APPROVING COMPENSATION FOR THE CITY MANAGER, CITY ATTORNEY, CITY CLERK AND THE CHIEF MAGISTRATE. IS THERE A MOTION FOR ADAM D. SO MOVE FOR APPROVA. IS THERE A SECOND? SECOND? THERE IS A MOTION AND A SECOND FOR APPROVAL OF ITEM NUMBER D FROM THE CONSENT AGENDA. IS THERE ANY DISCUSSION, COUNCILMAN PHIL SHAW THANK YOU, MAYOR. SINCE SERVING ON THE COUNCIL SINCE 2019, I'VE TRIED TO DEMONSTRATE MY SUPPORT FOR OUR STAFF. I APPRECIATE EVERYTHING THEY DO FOR THE CITY, INCLUDING OUR EXECUTIVE STAFF. I DON'T BELIEVE IN THESE YEARS THAT I'VE BEEN ON COUNCIL. I'VE EVER VOTED AGAINST A COMPENSATION PACKAGE. THIS YEAR I HAVE CONCERNS LOOKING AT OUR BUDGET RIGHT NOW, WE'RE WE HAVE A $3.5 MILLION DEFICIT. OUR EXPENDITURES EXCEEDING OUR REVENUE. WE'RE STILL IN NEGOTIATION WITH THE FIREFIGHTERS AND THAT CONTRACT.

WE DON'T KNOW WHAT IT WILL BE, BUT IT COULD INCREASE THAT DEFICIT BY SEVERAL MILLION. AND BECAUSE OF THAT, IT CAUSES ME TO PAUSE. I WISH WE COULD DO ALL THAT WE WANT TO DO FOR OUR STAFF. CAN WE DO SOMETHING? SHOULD WE DO SOMETHING? ABSOLUTELY. BUT THIS PARTICULAR COMPENSATION PACKAGE CONCERNS ME JUST BECAUSE OF WHERE WE ARE RIGHT NOW WITH OUR BUDGET. AND SO FOR THAT REASON, TODAY, RELUCTANTLY, I'LL HAVE TO BE VOTING. NO, THANK YOU, MAYOR.

THANK YOU. ANY OTHER COMMENTS? ALL RIGHT. ALL THOSE IN FAVOR OF WE HAVE A MOTION AND A SECOND FOR ITEM D, ALL THOSE IN FAVOR OF APPROVING ITEM D, PLEASE SIGNIFY BY SAYING AYE. AYE. ANY OPPOSED? NO. OPPOSED. YEAH. MOTION CARRIES. ALL RIGHT. MAY WE HAVE THE READING OF ITEM

[REGULAR AGENDA]

NUMBER ONE? MR. CITY MANAGER? YES, MAYOR. COUNCIL. CONSIDER AUTHORIZING THE CITY MANAGER TO APPROVE INCENTIVE PAYMENTS TO THE PARTICIPANTS IN THE HARVEY GLOW BUYOUT PROGRAM. AND IT COMES WITH THE RECOMMENDATION OF APPROVAL. ALL RIGHT. IS THERE A MOTION FOR ITEM NUMBER ONE? MOVE TO APPROVE. SECOND, THERE IS A MOTION AND A SECOND FOR APPROVAL OF ITEM NUMBER ONE. IS THERE ANY DISCUSSION? COUNCILMAN TURNER THEN? COUNCILMAN NEIL. MR. MAYOR, JUST FOR CLARITY, THE CITIZENS WATCHING, I SPOKE TO SOMEBODY PRIOR TO THE MEETING AND IT WAS IN REFERENCE TO ONE CITY PURCHASES PROPERTY AND THE GRANT IS ISSUED. WHAT HAPPENS TO THE LAND AFTERWARDS? AND I SAID I WOULD ASK FOR CLARITY. YES, SIR. SO WHAT HAPPENS IS THAT WE WOULD END UP PUTTING A DEED RESTRICTION. I'M SORRY. WE WOULD END UP PUTTING A DEED RESTRICTION ONTO THE PROPERTY.

BASICALLY, IT NEEDS TO BE PERPETUAL OPEN SPACE AND THAT'S SET BY FEMA. OKAY. AND WITHIN THAT DEED RESTRICTION, WHAT ALL COULD TAKE PLACE ON THAT PROPERTY AFTERWARDS. SO ESSENTIALLY IT NEEDS IT NEEDS TO BE MOSTLY OPEN SPACE. BUT THERE'S CERTAIN THINGS WHERE, YOU KNOW, COMMUNITY GARDENS, IT JUST CAN'T OBSTRUCT THE FLOW OF FLOODING WATERS. OKAY. THANK YO.

ANY OTHER QUESTIONS? COUNCILMAN NEILL, JUST A QUESTION ON HOW SOME OF THESE NUMBERS CAME UP OR ESTABLISHED. I GUESS SPECIFICALLY THE FIRST ONE, ONE OF THEM IS GETTING ADDITIONAL INCENTIVE PLUS A BASE RELOCATION. HOW WAS THIS DETERMINED? SO IT'S SET THROUGH.

WELL, I'M SORRY, IT'S FEMA BUT THEN GLOW AS WELL. SO GLOW IDENTIFIES HOW MUCH MONEY CAN BE ISSUED TO EACH. AND WE ENGAGED IN ARDURA TO HELP US IDENTIFY THOSE THINGS. SO ESSENTIALLY THEY WORK WITH THE PROPERTY OWNERS TO GET INFORMATION TO THEM SO THAT THEY CAN DETERMINE WHETHER THEY QUALIFY FOR RELOCATION OR THOSE KINDS OF THINGS. BUT IT'S MAINLY HANDLED

[01:00:04]

BETWEEN ARDURA AND THE PROPERTY OWNER THEMSELVES. OKAY. SO CAN THESE PROPERTIES BE GIFTED TO THE ADJOINING PROPERTY OWNERS SO THAT IT'S ONE BACK BACK ON THE TAX ROLL. AND TWO, SO THE PROPERTY OWNER, NEW PROPERTY OWNERS WOULD MAINTAIN IT? THAT I'M NOT SURE OF, BUT I CAN GET YOU AN ANSWER. I JUST NEED TO LOOK INTO IT. MY GUT FEELING SAYS NO SPECIFICALLY BECAUSE OF THE DEED RESTRICTIONS THAT ARE SET ON IT, OR THAT WE HAVE TO PUT ONTO THE PROPERTY. BUT I CAN CERTAINLY LOOK INTO THAT. SO AT THE END OF THE DAY, THIS IS JUST SEVEN MORE PIECES OF PROPERTY THE CITY IS GOING TO HAVE TO MO. WE WOULD HAVE TO TAKE OWNERSHIP AND CARE FOR IT. AND I'M ASSUMING THE GLOW WILL NOT REIMBURSE FOR THOSE EXPENSES. SO THIS IS ALL GLOW FUNDING, BUT THEY'RE NOT GOING TO PAY US TO MAINTAIN THEM. NO. OKAY. THANK YOU. ANY OTHER DISCUSSION? ALL THOSE IN FAVOR OF APPROVING ITEM NUMBER ONE, PLEASE SIGNIFY BY SAYING AYE. AYE. ANY OPPOSED? N.

THE OPPOSED THE MOTION IS APPROVED. MR. CITY MANAGER, MAY WE HAVE THE READING OF ITEM NUMBER TWO? YES, MAYOR. COUNCIL, CONSIDER A RESOLUTION AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT TO CTEX CONSTRUCTION CORPORATION OF BEAUMONT, TEXAS, FOR THE PINE STREET SURFACE WATER TREATMENT PLANT, SOUTH BASIN SLUDGE DRAIN REHABILITATION PROJECT. AND IT COMES WITH THE RECOMMENDATION OF APPROVAL. IS THERE A MOTION FOR ITEM NUMBER TWO? SO MOVE FOR APPROVAL. SECOND, THERE IS A MOTION AND A SECOND 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, PLEASE? COUNCIL, CONSIDER A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT WITH LEGACY CDC FOR THE NON-CONGREGATE SHELTER UNITS PROJECT OUTLINED IN OUR HOME ARP PLAN, AND IT COMES WITH THE RECOMMENDATION OF APPROVAL. IS THERE A MOTION FOR ITEM NUMBER THREE? MOVE TO APPROVE. THERE IS A MOTION. IS THERE A SECOND FOR ITEM NUMBER THREE? SECOND. ANY DISCUSSION? THERE IS A MOTION IN A SECOND. YES. COUNCILMAN ANDRE I WILL. IS THERE A LOCATION FOR WHERE THESE NON-CONGREGATE SHELTER UNITS WILL BE LOCATED OR WILL BE BUILT? 2670 BROADWAY. AND IT WOULD BE. IT'S NOT GOING TO BE A NEW CONSTRUCTION. IT'LL BE A IT'S EXISTING. SO IS THIS LIKE A HOMELESS SHELTER? IT'S NON-CONGREGATE SHELTER. SO CONGREGATE IS WHENEVER YOU KNOW EVERYONE'S THERE. AND THEN THESE WILL BE ACTUAL UNITS. THESE ARE NOT NECESSARILY FOR THE UNHOUSED, BUT THIS IS ALSO LIKE A DESK OR A I'M SORRY, A BATTERED WOMEN. AND CHILDREN. THOSE KINDS OF SITUATIONS. IT'S AN IDEA. THAT'S AN APARTMENT BUILDING CORRECT? YES. OKAY. AND THIS HAS COME BEFORE YOU A COUPLE TIMES. ONCE WAS OFF OF CONCORD, BUT THAT CONTRACT FELL THROUGH. AND THEN ONCE WAS OFF OF PRIMROSE AND THAT ALSO FELL THROUGH. SO THIS THEY'RE NOW TRYING TO SECURE THIS LOCATION. COUNCILMAN NEIL, DOES THIS NOT HAVE TO GO BACK BEFORE P AND Z? THIS WOULDN'T GO BEFORE P AND Z. THIS IS A PERMITTED USE WITHIN THIS AREA. IT'S ZONED GENERAL COMMERCIAL MULTIFAMILY. THANK YOU. HOW MANY FAMILIES WOULD BE ABLE TO STAY AT THIS LOCATION. SO IT SHOULD BE AND I CAN INVITE MISS PRINCE UP TO GIVE SOME OF THE OR. I'M SORRY COMMUNITY SERVICES MANAGER TO GIVE SOME MORE TECHNICAL INFORMATION TO THAT. BUT I BELIEVE THAT IT'S GOING TO BE ONE PER UNIT. THERE ARE EIGHT UNITS AND 100% WILL BE FOR THE NON-CONGREGATE USE. THERE ARE, I BELIEVE THREE TWO BEDROOM AND THE REST ARE ONE BEDROOM. OKAY. ALL RIGHT. THANK YOU. THANK YOU. ANY OTHER QUESTIONS OR DISCUSSION? ALL THOSE IN FAVOR OF APPROVING ITEM NUMBER THREE, PLEASE SIGNIFY BY SAYING AYE. ANY OPPOSED? THE MOTION IS CARRIED. MR. CITY MANAGER, MAY WE HAVE THE READING OF ITEM NUMBER FOUR? COUNCIL, CONSIDER A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NUMBER SIX TO THE CONTRACT WITH ALCO, LLC FOR THE STREET REHABILITATION CITYWIDE. PHASE FIVE REBUILD PROJECT. IT COMES WITH THE RECOMMENDATION OF APPROVAL. IS THERE A MOTION FOR ITEM NUMBER

[01:05:05]

FOUR? MOVE TO APPROVE. IS THERE A SECOND FOR APPROVAL FOR ITEM NUMBER FOUR? SECOND, COUNCILMAN DARIO, SO THERE IS A MOTION AND A SECOND FOR APPROVAL OF ITEM NUMBER FOUR. IS THERE ANY DISCUSSION? ALL IN FAVOR OF APPROVING ITEM NUMBER FOUR? PLEASE SIGNIFY BY SAYING AYE.

AYE. ANY OPPOSED? NO. OPPOSED. THE MOTION IS CARRIED. MR. CITY MANAGER, WOULD YOU TAKE US INTO

[PUBLIC HEARING]

THE PUBLIC HEARING? YES, MAYOR. COUNCIL TO CONDUCT A PUBLIC HEARING ON THE FINDINGS AND RATIFYING THE DETERMINATION OF THE PUBLIC HEALTH DIRECTOR. THE PUBLIC HEALTH NUISANCES EXIST ON THE FOLLOWING PROPERTIES 1395 MAPLE 606 HERALD, LLC, 980 WASHINGTON BOULEVARD AND 1037 NORTH STREET. ALL RIGHT. THE PUBLIC HEARING IS OPEN, AND WE'RE GOING TO BEGIN WITH HEALTH DIRECTOR KENNETH COLEMAN. I BELIEVE. GOOD EVENING, MAYOR AND COUNCIL. THE FIRST PROPERTY IS AT 1395 MAPLE. BUT THAT'S THE ACTUAL PROPERTY WHERE THE OWNER LIVES. BUT THE PROPERTY IS LOCATED AT 2038 OAKLAND. THE PROPERTY THAT'S IN VIOLATION. OKAY, LET'S. OKAY. WE'LL DO WASHINGTON FIRST. I WAS GOING BY THE ORDER. HE READ IT. ALL RIGHT, 980 WASHINGTON BOULEVARD.

AS YOU CAN SEE, THIS PROPERTY HAS BEEN IN VIOLATION FOR QUITE SOME TIME. YOU CAN'T DO THAT. HE READ THE PUBLIC HEARING NOTICE FOR THAT ONE. SO THAT'S THE ONE WE HAVE TO DO. OKAY. ALL RIGHT.

2038 OAKLAND OKAY. AGAIN 1395 MAPLE STREET IS WHERE THE OWNER RESIDES. BUT THIS IS THE PROPERTY THAT HE OWNS THAT'S IN VIOLATION. AND AS YOU CAN SEE, HE'S BEEN IN VIOLATION SINCE. DO THIS ONE BECAUSE IT'S NOT POSTED RIGHT. YOU HAVE TO POST THE NOTICE OF THE PROPERTY. ALL RIGHT. IS THE WE WANT TO GO INTO THE NEXT PUBLIC HEARING. ON. THAT ONE THAT WAS WRONG. OR DO WE HAVE TO JUST I DON'T KNOW NOBODY ASKED ME ABOUT ME. SO THE NOTE IN THE I GUESS THEY'LL NEED A CHANCE TO LOOK AT IT, BUT IT NEEDS TO BE FOR THE PROPERTY THAT'S IN DISPUTE, NOT WHERE THE OWNER RESIDES. OKAY, SO OAKLAND. OKAY. OAKLAND. DO YOU WANT TO GO ON TO FAMILY DOLLAR? YES. OKAY.

NOW THIS PROPERTY HERE, BECAUSE THIS IS A VACANT LOT. HE HAS TO READ THE PUBLIC HEARING NOTICE BECAUSE EACH ONE IS POSTED. MR. HAROLD 606 LLC. SO WE NEED TO CLOSE THAT PUBLIC HEARING. OPEN UP THE SECOND ONE. YES, SIR. YOU DO. ALL RIGHT. WELL, I CONTINUE TO LEARN ALL RIGHT. SO WE CLOSE.

WAS THERE ANYBODY HERE TO SIGNED UP TO TALK ON THAT PUBLIC HEARING? NO, SIR. ALL RIGHT. SO CAN WE PROCEED TO OPEN THE PUBLIC HEARING FOR THE SECOND PROPERTY? MR. CITY MANAGER, IS THAT 606 HAROLD? YES, YES. THE PUBLIC HEARING IS NOW OPEN. AND MR. HEALTH DIRECTOR, THIS PROPERTY HERE, IT'S THERE'S NO ADDRESS TO IT, BUT IT'S ON THE RIGHT SIDE OF THE FAMILY DOLLAR STORE THAT'S LOCATED AT 2200 GULF STREET. AND AS YOU GUYS CAN SEE, THE PROPERTY HAS BEEN IN VIOLATION SINCE MARCH OF 24. AND THEN ONCE IT CAME TO PUBLIC HEALTH IN OCTOBER AND THAT'S WHEN WE DECLARED IT A PUBLIC HEALTH NUISANCE. AND SO YOU CAN SEE IT'S A LOT OF TRASH. AND IT'S IN VIOLATION OF THE HEALTH AND SAFETY CODE. LITTER CONTROL, RODENT HARBORAGE, AS WELL AS MOSQUITO CONTROL. OKAY. AND CAMPING. THIS IS A VIOLATION OF THE NEW CAMPING ORDINANCE THAT THE CITY HAS PUT IN PLACE AS WELL. SO THAT'S CAMPING GOING O. THANK YOU, COUNCILMAN GOETZ.

WHAT EFFORTS HAVE BEEN MADE BY THE CITY TO TRY TO GET THE PROPERTY OWNER TO ABATE THIS NUISANCE? THIS IS WHAT WE'RE GOING THROUGH NOW. WE'VE CONTACTED THE PROPERTY OWNER, AND SO WE JUST BRING IT BEFORE COUNCIL. NOW, IN ORDER FOR US TO BE ABLE TO MOVE LEGALLY WITH THE PROPERTY OWNER, TO GET THEM TO ABATE IT. NOW, TYPICALLY MY UNDERSTANDING IS BEFORE WE GET

[01:10:05]

TO THE LEVEL WE'RE AT RIGHT NOW, THERE'S BEEN EFFORTS MADE BY YEAH, WE'VE REACHED OUT TO THE PROPERTY OWNER. I THINK THIS PROPERTY OWNER LIVES OUT OF TOWN. I THINK THEY LIVE IN HOUSTON. AND SO WE'VE MADE CONTACT WITH THE PROPERTY OWNER. JUSTIN, THIS IS JUSTIN JACKSON, ENVIRONMENTAL HEALTH MANAGER. YES. SO WITH WITH THIS PARTICULAR PROPERTY, THE THEY OWN A BUNCH OF THEM. SO THEY, THEY OWN IT. BUT THEY'RE NOT OUT HERE MAINTAINING IT. SO I SENT A LETTER AND I WAS ABLE TO TALK WITH THE PERSON OVER MAINTENANCE FOR THIS. AND THEY WEREN'T AWARE THAT IT GOT THIS BAD. SO WE TOLD THEM THAT IT NEEDED TO BE CLEANED UP. THEY SAID THEY WERE GOING TO SEND A CREW OUT AND CLEAN IT UP, BUT IT HASN'T BEEN CLEANED UP YET, SO THEY HAVE RECEIVED LETTERS. I HAVE TALKED TO THEM ON THE PHONE. I HAVE EMAILED THEM. THEY JUST HAVEN'T BEEN CLEANED UP YET. GOT IT. THANK YOU. THANK YOU JUSTIN, JUST STAY UP HERE. IS THERE ANY OTHER. BECAUSE WE'RE GOING TO HAVE TO CLOSE THE PUBLIC HEARING ON THIS PROPERTY AND MOVE TO THE NEXT. ANY OTHER DISCUSSION ON THAT? ALL RIGHT. WE'LL CLOSE THE PUBLIC HEARING ON THE PROPERTY JUST DISCUSSED THERE. AND NOW WE'RE GOING TO OPEN THE WE'RE GOING TO GO INTO THE PUBLIC HEARING INVOLVING 1980 WASHINGTON. IS THAT CORRECT? YES, SIR. AND THE PUBLIC HEARING IS NOW OPEN. OKAY. AS YOU GUYS CAN SEE, THIS WAS IN VIOLATION SINCE 21 FEBRUARY THE 24TH. WE DECLARED IT A PUBLIC HEALTH NUISANCE. AND IN JULY IT CAME BEFORE COUNCIL AND COUNCIL AUTHORIZED FOR US TO MOVE FORWARD. BUT WHAT HAPPENED WAS IN COURT. AND THE REASON WHY WE'RE BACK BEFORE YOU TODAY WITH THIS SAME PROPERTY WAS IN COURT. AND SO WHEN WE SENT THE LETTER THAT IT WAS IN COURT FOR THE VIOLATION, IT WAS AN OVERSIGHT ON OUR PART ON NOT INCLUDING THE VIOLATIONS IN THE LETTER. AND SO IT CAME BACK. AND SO THAT'S WHY THIS PROPERTY IS BACK BEFORE YOU ONCE AGAIN. OKAY. ANY COUNCILMAN GOETZ HAS A QUESTION. WHAT WAS GOING ON BETWEEN 2021 AND 2024? IT CAME TO US IN 24. I THINK WITH CODE ENFORCEMENT. I DON'T WANT TO SPEAK FOR CODE ENFORCEMENT, BUT I THINK THEY WORK WITH THE PROPERTY OWNER TO ALLOW THE PROPERTY OWNER TIME TO CLEAN IT UP. AND SOMETIMES THEY AGREE TO CLEAN IT UP. THEY'LL START MAKING THAT PROGRESS. THEN WE LOOK UP AGAIN, THEY'LL STOP AND START ADDING MORE STUFF, BUT THEN WE CAN SPEAK MORE TO YEAH.

SO TYPICALLY, YOU KNOW, WHEN LITTER OCCURS WE GO AND MAKE OUR INSPECTION. WE TRY TO REACH OUT TO THE PROPERTY OWNER. IF THEY IF THEY'RE FOUND. MY STAFF'S PRETTY GOOD ABOUT FINDING PROPERTY OWNERS AND TRYING TO COMMUNICATE WITH THEM. ONCE IT GETS TO A POINT OF NO MOVEMENT TOWARDS COMPLIANCE ON THE PROPERTY, THEN IT DOES GET FILED IN MUNICIPAL COURT AND THEN WE GO THROUGH THAT PROCESS. SOMETIMES IT TAKES THEM A LITTLE BIT MORE TIME, AND AT THAT POINT, IF IT BECOMES TO A LEVEL WHERE IT COULD BE CONSIDERED A PUBLIC HEALTH NUISANCE OR GENERAL NUISANCE, THAN WE DO REACH OUT TO STAFF TO GO AHEAD AND MOVE FORWARD WITH THAT UNDER PUBLIC HEALTH. IT JUST SEEMS TO ME THAT THREE YEARS IS AN EXTRAORDINARILY LONG TIME FOR NEIGHBORS OF THIS PROPERTY TO HAVE TO DEAL WITH THIS WHILE WE'RE TRYING TO WORK THROUGH THE PROCESS. I DON'T UNDERSTAND WHY IT TAKES SO LONG. THREE YEARS? YES, SIR. I AGREE THAT IS A LONG TIME. AND UNFORTUNATELY, WHEN IT GOES TO MUNICIPAL COURT AND IN THIS CASE, THIS MIGHT BE AN EXTENDED CASE, BUT WHENEVER IT GOES TO MUNICIPAL COURT, YOU KNOW, OF COURSE THEY HAVE DOCKET AND WHATNOT THAT THEY HAVE TO THEY HAVE TO MOVE THROUGH. SO WE'RE ON ON COURT'S TIME AT THAT POINT AND NOT TO THROW BLAME OR ANYTHING LIKE THAT, JUST TRYING TO TALK THROUGH THE, THE, THE PROCESS OF THAT. BUT IT DOES TAKE SOME TIME. AND THEN ONCE IF THERE'S NO MOVEMENT FROM THERE, THEN WE GO TO PUBLIC HEALTH AND THEN THAT WAY WE CAN GET AN ORDER BY A JUDGE AT DISTRICT COURT. ANY OTHER DISCUSSION ON THAT? NOBODY'S HERE TO SPEAK ON THAT PROPERTY. CORRECT. OR ANY PROPERTY? NO, SIR. I HAVEN'T GOTTEN ANY. ALL RIGHT. SO THE PUBLIC HEARING IS CLOSED ON THAT ITEM. AND NOW WE'RE GOING TO MOVE ON TO THE NEXT PROPERTY, 1037 NORTH STREET. AND THE PUBLIC HEARING IS OPEN. OKAY. 1037 NORTH. THIS ONE IS IN VIOLATION OF THE NEW CAMPING ORDINANCE THAT'S BEEN PUT IN PLACE. AND TO AS YOU GUYS CAN SEE, THIS ONE KIND OF MOVED EXPEDITIOUSLY. SO WE'RE GETTING THERE WITH WITH TRYING OUR BEST TO GET THESE PROPERTIES CLEANED UP. SO THIS IS WHERE WE ARE. AND THIS ONE ON NORTH STREET. IS THIS THE ONE THAT THE PERSON HE MOVED THE TRASH TO THE FRONT OF THE ROAD OR TO THE FRONT OF THE PROPERTY TO BE PICKED UP BY

[01:15:05]

HEAVY TRASH? OH, THAT WAS OAKLAND. OKAY. BUT AS YOU CAN SEE, THIS IS IN VIOLATION OF THE CAMPING ORDINANCE. AND SO THERE'S MANY AROUND THE CITY THAT THAT WE'RE HAVING TO DEAL WITH. SO WE'LL COUNT COUNCILMAN GOETZ, I HATE TO BELABOR THIS, BUT HOW DO WE GO FROM THE PRIOR PROPERTY BEING A THREE YEAR GAP? AND THIS ONE BEING DECLARED A PUBLIC NUISANCE IN THREE WEEKS? SOMEBODY MAKE IT MAKE SENSE? MAYOR, IF I CAN JUMP IN REAL QUICK AGAIN AS MISTER COLEMAN MENTIONED, THIS ONE IS CAUGHT UNDER THE NEW CAMPING ORDINANCE. WE HAVE OTHERS LIKE THE PRIOR ON WASHINGTON THAT HAS GONE THROUGH A CODE ENFORCEMENT PROCESS. SO IN OTHER WORDS, WHEN THE DATES WERE SHOWN ON THERE, THAT WAS FOR THE. IT DOESN'T MEAN THAT NOTHING HAPPENED IN THAT TIMELINE. IT WAS JUST THAT IT PROBABLY WENT THROUGH THE MUNICIPAL COURT CODE ENFORCEMENT PROCESS, WHICH, DEPENDING ON THE PROPERTY, IT MAY GET ON THE DOCKET, GET A FINE ASSESSED, IT MAY OR IT MAY OR MAY NOT GET CLEANED UP, OR IT MAY GO BACK A LOT OF TIMES WE HAVE HOARDING PROPERTIES AND SO IT MAY GET CLEANED UP. AND THEN IT GOES BACK TO THE SAME STATE. AND WE HAVE TO TAKE IT BACK TO COURT. AND SO FINES GET ASSESSED AND SO AGAIN IF IT'S ONE OF THOSE KIND OF RECURRING PROCESS PROPERTIES OR IF IT'S ONE THAT IS SO BAD AND WE'VE SEEN EXAMPLES OF THOSE IN HERE BEFORE, THEY'RE SO BAD THAT IT DOES RISE TO THE LEVEL OF PUBLIC NUISANCE. THAT'S WHEN WE BRING OUR PUBLIC HEALTH GROUP IN TO TAKE A LOOK AT IT. AND AGAIN, AS MENTIONED ON THIS ONE, THAT'S THIS IS ALSO UNDER A NEW ORDINANCE IN ADDITION TO OUR EXISTING ORDINANCES. AND SO THAT'S WHY THIS ONE IS A LITTLE BIT QUICKER THAN THE WASHINGTON. SO JUST BECAUSE THOSE DATES ARE ON THERE DOESN'T MEAN THINGS HAVEN'T BEEN HAPPENING, BECAUSE SOMETIMES THEY GET A YOU KNOW, A COURT DATE TO APPEAR IN COURT AND THEY DON'T SHOW UP AND THEY GET ANOTHER COURT DATE AND THEY MIGHT NOT SHOW UP AGAIN. SO IT IT'S A PROCESS SOMETIMES TAKES A LITTLE LONGER THAN WE WOULD LIKE. BUT AS ACM WAS SAYING THAT WE ARE OUT THERE DILIGENTLY TRYING TO GET THESE PROPERTIES CLEANED UP. COUNCILMAN DARIO, AFTER WE CLEAN UP THESE PROPERTIES, ALL THE OWNERS BUILD FOR US DOING THE CLEANUP. I THINK THAT'S THE PROCESS. CORRECT ME, MADAM ATTORNEY, IF THE CITY CLEANS UP THE PROPERTY, THEN THERE'S A LIEN PUT ON THE PROPERTY. CORRECT? YES. FOR UP TO THE AMOUNT OF CLEANUP? YES, FOR THE AMOUNT OF CLEANUP. OKAY. WE HAVE ANY WE HAVE ANY LUCK AS FAR AS COLLECTING ON THAT DOESN'T APPLY UNTIL IT'S SOLD. UNTIL IT'S SOLD. OKAY. ALSO, YOU MENTIONED THE CAMPING ORDINANCES ARE THERE OTHER PROPERTIES THAT YOU'RE LOOKING INTO THAT YOU THAT FALL UNDER THE CAMPING ORDINANCE THAT NEED TO BE CLEANED UP, THAT Y'ALL, I GUESS WILL BE BRINGING BACK TO US? YES, I THINK AT ONE POINT IT WAS LIKE 19 IDENTIFIED AND THEN WE'RE TAKING THEM IN THE ORDER OF SEVERITY. AND SO WE'LL BE BACK BEFORE YOU GUYS QUITE OFTEN. SO IS THAT THE CITY THAT'S ACTUALLY DOING THE CLEANUP OR IS THAT CONTRACTED OUT? PROBABLY THESE WILL CONTRACT OUT ON PRIVATE PROPERTY. YOU MAY HAVE SEEN SOME CLEANUP RECENTLY ON SIDEWALKS OR STREETS. THAT'S TYPICALLY THE CITY. BUT AGAIN WE HAVE CITY CREWS. WE ALSO HAVE CONTRACTORS. SO IT JUST DEPENDS ON THE SITUATION. YOU HAVE ANY BALLPARK IDEA ABOUT HOW MUCH IT COSTS TO CLEAN SOMETHING LIKE THIS UP? OH, IT VARIES AT AT MINIMUM YOU STARTING AROUND 5000. WOW. THANK YOU. THANK YOU, COUNCILMAN NEAL. SO CAN YOU PUT LIENS ON THESE PROPERTIES AFTER WE CLEAN THEM UP? AND DO WE. OKAY. THAT'S A YES. BUT WE DO OUR DUE DILIGENCE TO FIND A PROPERTY OWNER AND TRY TO ENCOURAGE THE PROPERTY OWNER TO CLEAN IT UP. BUT SOMETIMES WE'RE UNSUCCESSFUL. ANY OTHER DISCUSSION ON THE 1037 NORTH STREET? ALL RIGHT. WITH THAT, THE PUBLIC HEARING IS CLOSED AND ITEM FIVE AND SIX HAVE BEEN PULLED. FIVE. WE HAVE TO GET THE RIGHT IDENTIFIERS ON THE AGENDA ITEM IN ORDER TO VOTE ON THEM. SO WE, MR. CITY MANAGER, MAY WE

[REGULAR AGENDA]

HAVE THE READING OF ITEM NUMBER SEVEN, PLEASE COUNCIL TO CONSIDER FINDING AND RATIFYING THE DETERMINATION OF THE PUBLIC HEALTH DIRECTOR. THE PUBLIC HEALTH NUISANCES EXIST ON THE PROPERTY OWNED BY RANDY AND VIRGINIA MOTT AT 9080 WASHINGTON BOULEVARD, AND IT COMES WITH THE RECOMMENDATION OF APPROVAL. IS THERE A MOTION FOR ITEM NUMBER SEVEN MOVED TO APPROVE? SECOND, THERE IS A MOTION AND A SECOND FOR APPROVAL OF ITEM NUMBER SEVEN. IS THERE ANY DISCUSSION,

[01:20:05]

ALL THOSE IN FAVOR OF APPROVING ITEM NUMBER SEVEN, PLEASE SIGNIFY BY SAYING AYE. AYE. ANY OPPOSED? THE MOTION IS CARRIED. MR. CITY MANAGER, MAY WE PLEASE HAVE THE READING OF ITEM NUMBER EIGHT? COUNCIL TO CONSIDER FINDING AND RATIFYING THE DETERMINATION OF THE PUBLIC HEALTH DIRECTOR THAT PUBLIC HEALTH NUISANCES EXIST ON THE PROPERTY OWNED BY RIVERA ALFREDO AT 1037 NORTH STREET, AND COMES WITH THE RECOMMENDATION OF APPROVAL. ALL RIGHT. IS THERE A MOTION FOR ITEM NUMBER EIGHT MOVED TO APPROVE? SECOND, THERE IS A MOTION AND A SECOND FOR APPROVAL OF ITEM NUMBER EIGHT. IS THERE ANY DISCUSSION, ALL THOSE IN FAVOR OF APPROVING ITEM NUMBER EIGHT, PLEASE SIGNIFY BY SAYING AYE. AYE. ANY OPPOSED? THE MOTION IS CARRIED. NOW WE'RE

[COUNCIL COMMENTS]

GOING TO MOVE INTO COUNCIL MEMBER COMMENTS. AND I WILL BEGIN WITH COUNCILMAN NEILL COMMENT. MAYOR. COUNCILMAN SAMUEL, NO COMMENT. COUNCILMAN FALLSHAW NO COMMENT. MAYOR.

THANK YOU, COUNCILMAN TURNER. NO COMMENT. COUNCILMAN GOETZ HAS A COUPLE MINUTES LATE TODAY BECAUSE ON MY WAY HERE, I WAS STOPPED BY SEVEN TRAFFIC LIGHTS GOING FROM MY HOUSE DOWN COLLEGE TO CITY HALL. STRAIGHT SHOT. WE GOT TO DO SOMETHING ABOUT GETTING THESE TRAFFIC SIGNALS SYNCHRONIZED. IT'S RIDICULOUS. BUT ON THE BRIGHT SIDE, IT GAVE ME TIME TO NOTICE ALL THE NICE YELLOW SIGNS WITH BLACK LETTERING ON ALMOST EVERY CORNER ALONG THAT PATHWAY THAT SAYS WE BUY HOUSES BOTH IN ENGLISH AND IN SPANISH. SO HOPEFULLY WE CAN GET SOMETHING DONE ABOUT THOSE SIGNS. THEY HAD GONE AWAY FOR A LITTLE WHILE. MAYBE DURING THE ELECTION THEY DIDN'T WANT TO COMPETE WITH ALL THE CANDIDATE SIGNS OUT THERE, BUT THEY'RE BACK. SO IF WE COULD MAYBE TRY TO GET THOSE SIGNS PICKED UP, THAT WOULD BE WONDERFUL. THANK YOU. THANK YOU, COUNCILMAN DARIO. JUST WANT TO HOPE EVERYONE HAD A HAPPY THANKSGIVING. THAT'S ALL. THANK YOU, COUNCILMAN DARIO. MADAM CITY ATTORNEY. NO COMMENT. MISTER PUBLIC WORKS DIRECTOR, IF ANYONE NOTICED, WE HAVE WATER OVER MLK AT FRANKLIN IN THE SPRING. WE HAD A PROBLEM WHERE WE HAD THE PUMPS OUT ON ROYAL STREET. WE HAD SINCE REPAIRED THREE OF THE FOUR PUMPS. THEY WERE IN OPERATION AND UNFORTUNATELY, OVER THANKSGIVING, WE HAD A VOLTAGE SURGE AT THAT LOCATION. ENTERGY LOOKED INTO IT. THEY HAD A LOOSE NEUTRAL WIRE AND IT FED. IT FED US TOO MUCH VOLTAGE. UNFORTUNATELY, THAT BURNED UP ALL THREE PUMP MOTORS AT THAT STATION. SO WE'RE IN THE PROCESS OF PUTTING A TEMPORARY BYPASS PUMPING IN. AGAIN, WE'RE GOING TO HAVE TO PULL ALL OF THOSE PUMP MOTORS AND REBUILD THEM. BUT THAT'S WHY YOU SEE A LANE BLOCKED OFF. THAT'S GROUNDWATER. SO IT'S NOT THERE'S NOT A WATER LEAK OR ANYTHING GOING ON LIKE THAT. THAT'S JUST BECAUSE THE ROAD IS SO MUCH LOWER THAN THE RIVER. WE GET GROUNDWATER SEEPAGE. SO BEAR WITH US. WE'LL TRY TO GET THE TEMPORARY PUMPS IN AND GET THOSE MOTORS REBUILT AS SOON AS WE CAN. NO COMMENT. THANK YOU. YEAH, JUST ONE COMMENT. MAYOR, JUST TO ANNOUNCE THAT THE CITY WILL HAVE ITS FIRST AND WE'RE CALLING IT NEIGHBORHOOD CLEAN. BLITZ IS WHAT WE'RE CALLING IT. WE ARE FOCUSING ON ONE NEIGHBORHOOD CHARLTON-POLLARD NEIGHBORHOOD.

NEXT WEDNESDAY, DECEMBER 11TH FROM 6 A.M. TO 4 P.M. AND THIS IS SIMILAR TO US TO OUR CITYWIDE CLEANUP. WE PARTNER WITH BISD DURING THAT CLEANUP, BUT THIS IS FOCUSED ON ONE NEIGHBORHOOD WHERE WE WILL HAVE A NUMBER OF CITY DEPARTMENTS GOING OUT. FOR EXAMPLE, THE FIRE DEPARTMENT WILL BE PART OF THIS BLITZ, AND THEY WILL BE REPLACING SMOKE DETECTORS. POLICE DEPARTMENT WILL BE PART OF THE BLITZ. THEY WILL SIGN RESIDENTS UP FOR EMERGENCY ALERTS AND CAMERA REGISTRY CODE ENFORCEMENT WILL BE PART OF THE BLITZ. THEY WILL EDUCATE AND INSPECT FOR CODE COMPLIANCE. PARKS WILL BE BEAUTIFYING THAT PARTICULAR NEIGHBORHOOD. WATER UTILITIES WILL BE CHECKING FOR WATER LEAKS. STREETS AND DRAINAGE WILL BE CLEANING OUT DITCHES AND CLEANING STREETS IN THAT NEIGHBORHOOD. WE'VE STAFF HAS MET WITH THE CHARLTON-POLLARD NEIGHBORHOOD ASSOCIATION. MR. CHRISTOPHER JONES IS PART OF THIS AS WELL. AND EXXONMOBIL IS VOLUNTEERING SOME INDIVIDUALS TO HELP WITH THIS, WITH THIS BLITZ THAT THAT WE'RE PUTTING ON. THIS IS A PILOT JUST TO SEE HOW IT WORKS. AND IF IT WORKS OUT FOR US, WE'LL CONTINUE THIS THROUGHOUT OTHER NEIGHBORHOODS ACROSS THE CITY. THANK YOU. MR. CITY MAYOR TWO THANKS, MAYOR.

[01:25:06]

ONE THEY MENTIONED THE HOLLOWAY HOLIDAY TREE LIGHTING WHERE YOU'LL BE LIGHTING THE TREE TONIGHT, BUT THE FESTIVITIES WON'T HAPPEN TILL DECEMBER THE 16TH. SO I WANT EVERYBODY TO KNOW THAT WAS MOVED BECAUSE OF THE WEATHER. PROJECTED WEATHER TOMORROW NIGHT AND THEN TWO FOR NEGOTIATIONS. CONTRACT. AND THEY'RE CONTINUING IN. THE NEXT TWO MEETINGS ARE SCHEDULED FOR DECEMBER 10TH AND DECEMBER 11TH. AND THAT'S ALL I HAVE. YES. AND THEN COUNCILMAN DARIO HAS. SORRY ABOUT THAT. I JUST WANTED TO ASK STAFF, CAN I GET SOME AT LEAST A PHONE NUMBER FOR MISS SIMON OVER THERE ON GOLIAD STREET? SHE SPOKE EARLIER SO I CAN CALL HER AND JUST TALK TO HER ABOUT WHAT SHE HAS GOING ON. AND ALSO, CAN WE GET AN UPDATE ON MR. REYNOLDS? AARON REYNOLDS CLAIM? SURE. ALL RIGHT. AND THE CLEANUP BLITZ IS EXCITING. AND I KNOW THERE'S BEEN SOME OTHER CITIES THAT HAD A GOOD BIT OF SUCCESS WITH THAT, AND IT'S CONTINUED ON. SO THAT'S EXCITING. AND HERE WE ARE IN THE CHRISTMAS SEASON. I HOPE EVERYBODY HAD A GOOD THANKSGIVING AS WELL. SO WITH

[EXECUTIVE SESSION]

THAT, WE ARE NOW REC

* This transcript was compiled from uncorrected Closed Captioning.