[CALL TO ORDER] [00:00:07] AFTERNOON EVERYBODY AND WE ARE GOING TO GET STARTED. WELCOME TO TODAY'S MEETING OF CITY COUNCIL. TODAY'S DATE IS TUESDAY, AUGUST 5TH, 2025. TODAY'S INVOCATION WILL BE GIVEN BY FATHER SHANE BAXTER OF SAINT ANTHONY'S CATHEDRAL BASILICA. IF EVERYONE WOULD PLEASE SILENCE YOUR CELL PHONE AND IF YOU SO CHOOSE, PLEASE STAND AND REMAIN STANDING FOR THE PLEDGE OF ALLEGIANCE. YES, SIR. DEAR HEAVENLY FATHER, WE PRAY FOR THE MEMBERS OF THE BEAUMONT CITY COUNCIL AND FOR ALL GOVERNMENT OFFICIALS WHO OFFER THEMSELVES IN SERVICE TO OUR CITY. MAY THEY BE ENABLED BY YOUR POWERFUL PROTECTION TO PERFORM THEIR DUTIES WITH HONESTY AND ABILITY, ALWAYS SEEKING THE COMMON GOOD. WE ASK THIS THROUGH YOUR SON, CHRIST OUR LORD. AMEN. AMEN. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES, THE REPUBLIC. ONE NATION UNDER GOD, INDIVISIBLE FOR ALL. MAY I HAVE ROLL CALL, PLEASE? MAYOR WEST, I AM PRESENT. MAYOR PRO TEM TURNER HERE. COUNCIL MEMBER. COUNCIL MEMBER. HILLIARD. ABSENT. COUNCIL MEMBER. WILLIAMS. ABSENT. COUNCIL MEMBER. SHERWOOD. ABSENT. AND COUNCIL MEMBER. CRENSHAW. HERE. THANK [PRESENTATIONS] YOU. ALL RIGHT. TODAY WE HAVE A COMMUNICATION UPDATE FROM THE CITY OF BEAUMONT. AND MISS TRACY KENNICK IS GOING TO COME FORWARD AND DELIVER THAT. GOOD AFTERNOON. IN THIS WEEK'S ANNOUNCEMENTS, STUDENTS ARE GETTING READY TO HEAD BACK TO CLASS. THE FIRST DAY OF SCHOOL FOR BISD IS WEDNESDAY, AUGUST 13TH, AND THERE ARE STILL A COUPLE OF OPPORTUNITIES TO PICK UP SOME FREE SCHOOL SUPPLIES. ON AUGUST 9TH, SUPPLIES WILL BE HANDED OUT AT THE STERLING PRUITT ACTIVITY CENTER ON GULF STREET STARTING AT 8 A.M. OR AT THE LONGSHOREMEN'S HALL ON PENNSYLVANIA STREET AT 3 P.M. AND BACK TO SCHOOL SAFETY REMINDER FOR YOU. AS THE NEW SCHOOL YEAR KICKS OFF, WE WANT TO REMIND EVERYONE TO STAY ALERT, SLOW DOWN, AND HELP US KEEP OUR STUDENTS SAFE. SPEED LIMITS IN SCHOOL ZONES ARE GENERALLY 20MPH DURING POSTED DROP OFF AND PICK UP HOURS, EVEN WHEN LIGHTS ARE NOT FLASHING. CELL PHONE USAGE IS PROHIBITED IN SCHOOL ZONES. IF YOU'RE APPROACHING A SCHOOL BUS WITH THE RED LIGHTS FLASHING, YOU MUST STOP EVEN IF YOU'RE GOING THE OPPOSITE DIRECTION. UNLESS THERE'S A CONCRETE BARRIER DIVIDING THE ROADWAY. NEVER DROP STUDENTS OFF IN THE MIDDLE OF THE STREET AND BE ESPECIALLY WATCHFUL AROUND SCHOOLS LIKE AMELIA AND MARSHALL, WHERE STUDENTS FREQUENTLY WALK, WALK, OR BIKE TO SCHOOL. FINES FOR THESE TRAFFIC OFFENSES CAN COST UP TO $200 IN CERTAIN CASES, AND CAN BE UP TO $500. LET'S ALL WORK TOGETHER TO MAKE THIS SCHOOL YEAR AS SAFE ONE FOR OUR STUDENTS. THE BEAUMONT PUBLIC HEALTH DEPARTMENT IS EXTENDING ITS HOURS OF OPERATION TO ENSURE THAT OUR STUDENTS CAN GET THE VACCINATIONS THEY NEED TO BE PROTECTED FROM PREVENTABLE DISEASES AND MEET THE REQUIREMENTS TO RETURN TO SCHOOL AUGUST 11TH THROUGH THE 14TH AND 18TH AND 19TH, YOU CAN STOP BY THE HEALTH DEPARTMENT BETWEEN THE HOURS OF 730, AND IT'S BEEN EXTENDED UNTIL 6 P.M. ON THOSE DAYS TO GIVE YOU AN EXTRA HOUR AFTER WORK, WHY NOT START THE NEW SCHOOL YEAR WITH A NEW BEST FRIEND? JOIN US AS WE JOIN THE NATIONWIDE CLEAR THE SHELTERS EVENT FOR THE ENTIRE MONTH OF AUGUST. BEAUMONT ANIMAL CARE IS CURRENTLY OVER CAPACITY, SO THEY'RE LOWERING THE ADOPTION FEE TO JUST $20 IN HOPES OF GETTING AS MANY OF OUR ANIMALS ADOPTED AS POSSIBLE. INCLUDED IN THE REDUCED ADOPTION FEE IS THE SPAY NEUTER MICROCHIP FIRST SET OF VACCINES, FLEA PREVENTION AND DE-WORMER. SO STOP BY AND GIVE ONE OF THESE SWEET ANIMALS A FOREVER HOME. GET READY FOR A MONTH OF CLASSIC FILMS AT THE JEFFERSON THEATER. WHETHER YOU'RE REMINISCING ABOUT YOUR OLD SCHOOL DAYS OR JUST IN NEED OF A GOOD LAUGH, WE'VE GOT YOU COVERED WITH OUR BACK TO SCHOOL AUGUST MOVIE SERIES. AUGUST 8TH IS BILLY MADISON, THE 15TH CATCH SCHOOL OF ROCK, AND ON AUGUST 22ND, MY PERSONAL FAVORITE, MATILDA. DOORS OPEN AT 6 P.M. MOVIES START AT SEVEN, AND TICKETS ARE JUST $6. IF YOU PREFER TO WATCH YOUR MOVIES UNDER THE STARS, YOU'LL HAVE ONE LAST CHANCE TO SEE A FREE SUMMER MOVIE IN THE PARK THIS FRIDAY, AUGUST 8TH. YOU CAN CATCH IF AT CENTRAL PARK, JUST TAKE YOUR BLANKET OR LAWN CHAIR, SOME SNACKS AND ENJOY A MOVIE WITH THE FAMILY. SOME SUPER EXCITING NEWS HERE WE ARE INVITING YOU ONCE AGAIN BACK TO OUR BACK TO SCHOOL BASH ALONG THE RIVER AS WE CELEBRATE THE OFFICIAL GRAND REOPENING OF BEAUMONT'S RIVERFRONT PARK AFTER HURRICANE HARVEY LEFT IT UNDERWATER IN 2017. IT'S NOW BACK READY FOR YOU AND YOUR FAMILY TO ONCE AGAIN ENJOY A STROLL ALONG THE RIVER, SHARE A PICNIC, OR WATCH AS THE BOATS GO BY. JOIN US FOR AN OFFICIAL RIBBON CUTTING CEREMONY THURSDAY, AUGUST 21ST AT 5:30 P.M. YOU CAN ENJOY LIVE MUSIC, LOCAL FOOD TRUCKS, AND [00:05:04] FREE SWEET TEA AND ICE CREAM FOR THE FIRST 100 GUESTS. HOPE TO SEE ALL OF YOU AT THE RIVERFRONT. HURRICANE SEASON IS HERE AND WE ENCOURAGE EVERYONE TO GET PREPARED BEFORE A STORM ENTERS THE GULF. ONE OF THE IMPORTANT THINGS TO HAVE READY IS A GO BAG. WE HAD A FEW TECHNICAL ISSUES LAST WEEK, SO WE WANTED TO DO THIS AGAIN AND FEATURE OUR OWN CITY COUNCILMAN, CHRIS DEL RIO AND OTHER STATE LEADERS AS THEY JOIN THE TEXAS GENERAL LAND OFFICE TO GET THE MESSAGE OUT ABOUT WHAT YOU NEED TO PUT IN THE BACK. TAKE A LOOK. THIS HURRICANE SEASON, WE WANT TO MAKE SURE THAT EVERYBODY IS PREPARED, HAVE ALL THE SUPPLIES YOU NEED READY TO GO IN A BAG SUCH AS YOUR ELECTRONICS. DON'T FORGET YOUR CHARGING CORDS AND PUT IT IN THE BAG. DON'T FORGET YOUR PILLOW AND YOUR BLANKET. OFTENTIMES DURING HURRICANES, THE DRIVES ARE LONG. YOU'RE NOT SURE WHERE YOU'RE GOING TO STOP, AND SO IT'S ALWAYS IMPORTANT TO HAVE YOUR PILLOW AND YOUR BLANKET. SO PUT IT IN THE BAG. MAKE SURE YOU PACK SOME TOYS AND SOME ACTIVITIES FOR YOUR KIDS TO DO, AND MAKE SURE YOU PUT THAT IN THE BAG. THIS IS A PERSONAL FIRST AID KIT. MAKE SURE YOU HAVE ONE OF THESE. THEY ALWAYS COME IN HANDY WHETHER YOU STAY AT HOME OR EVACUATE. YOU KNOW WHERE IT IS IN THE BAG. REMEMBER THOSE CANNED GOODS FOR THAT NEXT DISASTER? PUT IT IN THE BAG. DON'T FORGET MANUAL CAN OPENER. PUT IT IN THE BAG. UNFORTUNATELY, IT'S HURRICANE SEASON. ALWAYS BE PREPARED. DON'T FORGET TO INCLUDE YOUR TOILETRIES AND PUT THEM IN THE BAG. FLASHLIGHTS SO YOU CAN SEE WHEN THE LIGHTS GO OUT. WHEN THE HURRICANE COMES THROUGH AND THE POWER GOES OUT, YOU'RE GOING TO NEED SOME LIGHTING. PUT IT IN THE BAG. YOU'RE GOING TO NEED BATTERIES. SO MAKE SURE YOU HAVE PLENTY OF BATTERIES AND PUT IT IN THE BAG. DON'T FORGET YOUR TOILET PAPER. IT'S NECESSITIES. PUT IT IN YOUR BAG. IT'S REALLY IMPORTANT THAT YOU DON'T FORGET YOUR PETS. CATS, DOGS, FERRETS. IT DOESN'T MATTER. MAKE SURE YOU HAVE FOOD, LEASH ALL OF THEIR SUPPLIES AND PUT IT IN THE BAG. DON'T FORGET THE WATER. YOU ALWAYS NEED PLENTY OF HYDRATION. PUT IT IN THE BAG. ONE OF THE THINGS THAT WE'VE ALWAYS DONE IN THE BETTENCOURT FAMILY IS MAKE SURE THAT WE HAVE MEDICINES AVAILABLE, SO YOU CAN HAVE THOSE AVAILABLE BY PUTTING IT IN THE BAG AND BEING READY TO EVACUATE ON A MOMENT'S NOTICE. HATTIE, TEXAS, THIS IS DOCTOR DON BUCKINGHAM, YOUR TEXAS LAND COMMISSIONER. BE PREPARED THIS HURRICANE SEASON AND REMEMBER TO HAVE A DRY BAG WITH COPIES OF YOUR IMPORTANT DOCUMENTS, LIKE PROOF OF INSURANCE AND IDENTIFICATION. BE SURE TO PUT IT IN THE BAG. GOOD REMINDERS THERE AS WE PREPARE FOR HURRICANE SEASON. DEFINITELY THINK COUNCILMAN DARIO STOLE THE SHOW THERE. WE DO HAVE ONE FINAL ANNOUNCEMENT FOR YOU. THIS IS RIGHT UP THE MAYOR'S ALLEY. WE'RE GETTING READY FOR CITY HALL SELFIE DAY NEXT TUESDAY, AUGUST 12TH, AND YOU'RE ALL INVITED TO PARTICIPATE. NOW, THIS IS ACTUALLY A YEARLY CELEBRATION. THIS IS THE 10TH YEAR OF PUBLIC SERVICE WHEN PEOPLE AROUND THE WORLD GATHER IN FRONT OF THEIR CITY HALLS, THEIR LIBRARIES AND OTHER LOCAL GOVERNMENT BUILDINGS TO SHOW COMMUNITY PRIDE. SO WE ASK EVERYONE TO PARTICIPATE. JUST SNAP A SELFIE IN FRONT OF OUR LOCAL GOVERNMENT BUILDINGS AND USE THE HASHTAG CITY HALL SELFIE AND POST IT. AND THAT'S ALL FOR THIS WEEK'S ANNOUNCEMENTS. THANK YOU. AND CHRIS, YOU DID OUTSTANDING. AND THEY EVEN GAVE YOU TWO PARTS ON THERE. SO THAT WAS IMPRESSIVE. ALL RIGHT. FOR THOSE FOR THOSE THAT ARE HERE FOR PRESENTATIONS AND YOU'D LIKE TO LEAVE, NOW'S THE TIME TO DO SO. AND THANK YOU FOR COMING AT THE CLOSE OF THE MEETING. AT THE MEETING TODAY, THE COUNCIL WILL RECESS INTO EXECUTIVE SESSION TO CONSIDER MATTERS RELATED TO CONTEMPLATED OR PENDING LITIGATION IN ACCORDANCE WITH SECTION 551.087 OF THE PROJECT CEMENT. AND NOW. YEAH, I KNOW, BUT THAT'S WHAT MY NOTES SAY. SO. I NEED TO CRACK THAT. SO NOW IS THE TIME FOR ANY CITIZEN WHO [PUBLIC COMMENT ON AGENDA/CONSENT] WISHES TO SPEAK. YOU MAY MAKE PUBLIC COMMENTS ON THE CONSENT AGENDA. REGULAR AGENDA ITEMS ONE THROUGH EIGHT OR ANY OTHER TOPICS. ITEMS NINE THROUGH 17 HAVE ALREADY BEEN HEARD IN PUBLIC HEARING. THEREFORE, CITIZENS CAN'T SPEAK ON THESE ITEMS. CITIZENS WISHING TO SPEAK ON ITEMS 18 AND 19 WILL BE GIVEN OPPORTUNITY TO SPEAK. DURING THE PUBLIC HEARING. 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 COMMENT. THE GREEN LIGHT WILL COME ON WHEN YOU APPROACH THE PODIUM. THE RED LIGHT WILL COME ON WHEN YOUR TIME IS UP. PLEASE NOTE THAT WHILE YOU'RE AT THE PODIUM, MEMBERS OF COUNCIL OR MYSELF WILL NOT BE ABLE TO RESPOND TO COMMENTS OR QUESTIONS REGARDING ITEMS THAT ARE POSTED. HOWEVER, WE WILL ADDRESS YOUR QUESTIONS AND WE WILL HAVE SOMEBODY FROM STAFF GET WITH YOU TODAY. WITH THAT. CAN WE PROCEED [00:10:04] WITH THE CONSENT AGENDA? ARE WE DOING PUBLIC COMMENTS? YES WE ARE. OKAY, CAN I PROCEED? YES YOU CAN. THANK YOU. KATE HAMBRIGHT SEVEN CESCA HOLLOW, BEAUMONT, TEXAS. GOOD AFTERNOON. MY NAME IS KATE HAMBRIGHT. I'M THE PRESIDENT OF THE TYRRELL HISTORICAL LIBRARY ASSOCIATION. IN 1923, CAPTAIN W.C. TYRRELL PURCHASED THE FORMER 1923 FIRST BAPTIST CHURCH AT PEARL AND FORSYTH AND DONATED IT TO THE CITY OF BEAUMONT FOR USE AS BEAUMONT'S FIRST PUBLIC LIBRARY. AS A LOCAL WRITER WOULD LATER STATE, HE WAS A MAN OF GREAT VISION AND KNEW FULL WELL THAT BEAUMONT, TO BE A WELL-BALANCED CITY, NEEDED A PUBLIC LIBRARY, AND HE DID SOMETHING ABOUT IT. THE LIBRARY OFFICIALLY OPENED ITS DOORS ON SEPTEMBER 16TH, 1926. AS THE CITY EXPANDED, SO DID ITS NEED FOR A LARGER DOWNTOWN LIBRARY. THE LATER DOWNTOWN, LATER CALLED DOWNTOWN MAIN, A MOVE THAT WAS APPROVED BY BEAUMONT TAXPAYERS IN 1971 AS THE NUMBER ONE ITEM IN A CAPITAL IMPROVEMENT BOND ELECTION, THE TYRRELL PUBLIC LIBRARY WAS CONVERTED INTO THE TYRRELL HISTORICAL LIBRARY. TODAY, THE TYRRELL IS THE PREMIER HISTORICAL AND GENEALOGICAL RESEARCH CENTER OF SOUTHEAST TEXAS, HOUSING VAST IN-HOUSE AND DIGITAL COLLECTIONS RELATING TO TEXAS AND BEAUMONT HISTORY UTILIZED BY RESEARCHERS, SCHOLARS, AND GENEALOGISTS. THE TERRELL ALSO OFFERS YEAR ROUND LECTURES ON EVERYTHING FROM TEXAS TRAILS TO THE TITANIC. THE TYRRELL HISTORICAL LIBRARY ASSOCIATION WAS FOUNDED IN 1987 WITH A MISSION TO PROTECT, PRESERVE, AND PROMOTE THE HISTORY OF SOUTHEAST TEXAS AND HAS BEEN INSTRUMENTAL IN ENSURING THE TERRELL HISTORICAL LIBRARY'S SURVIVAL AND GROWTH. WITHOUT THE LE, THIS HISTORIC BEAUMONT LANDMARK MIGHT NOT EXIST TODAY. OVER THE YEARS, THE ASSOCIATION HAS RAISED AND CONTRIBUTED VITAL FUNDS, INCLUDING $250,000 TOWARD THE LIBRARY'S RESTORATION. IT CONTINUES TO PROVIDE ONGOING ANNUAL SUPPORT FOR EQUIPMENT, SOFTWARE, MULTIPLE STAFF, LIBRARY POSITIONS, SALARY POSITIONS AND PROGRAMS THAT EXTEND WELL BEYOND THE CITY'S BUDGET. THE LE IS PROUD TO SPONSOR NEW INITIATIVES LIKE THE LIBRARY'S ORAL HISTORY PROGRAM, DIGITIZING AND PRESERVING INVALUABLE FIRST HAND ACCOUNTS FOR FUTURE GENERATIONS, WITH AN EMPHASIS ON THE CHARLTON POLITAN CHARLTON-POLLARD COMMUNITY. IN 2024, THE LE ALSO PURCHASED SECURITY CAMERAS TYING INTO BEAUMONT'S REAL TIME CRIME CENTER THAT PROVIDES 360 DEGREE COVERAGE FOR THE LIBRARY. I WOULD INVITE YOU TO VISIT YOUR HISTORICAL LIBRARY AND TO KEEP SOUTHEAST TEXAS HISTORY ALIVE. AND I WOULD ALSO INVITE YOU TO VISIT DOWNTOWN MAIN AND OBSERVE WHERE EDUCATION AND DREAMS BEGIN FOR THOUSANDS OF OUR LOCAL CITIZENS. THANK YOU, THANK YOU. LAWRENCE CASTILLO, 1463 SOUTH M.L. KING, BEAUMONT, TEXAS. TO THE MAYOR, CITY COUNCIL. MY NAME IS LAWRENCE CASTILLO. I RESIDE AT 1463 SOUTH M.L. KING JUNIOR PARKWAY. I HAVE SEVERAL BUSINESSES IN THE CITY AND PAY A HECK OF A LOT OF TAXES ON CARS, CLASSIC CARS, ON MLK, ON ROSIE, SOUL FOOD IN OLD TOWN. I HAVE SEVERAL RENTAL PROPERTIES THROUGHOUT BEAUMONT. ON JULY THE 17TH, ONE OF MY RENTAL PROPERTIES WAS RED TAGGED AND ALSO I HAVE EVIDENCE IF YOU ALL DON'T MIND LOOKING AT THEM. ONE OF MY RENTAL PROPERTIES WAS RED TAGGED IN RETALIATION TO THE TENANT THAT WAS LIVING THERE THAT I GAVE FOUR MONTHS. NOT TO MOVE. I GAVE A FOUR MONTHS WITHOUT EVICTING HER. WHEN I DECIDED TO EVICT HER, SHE TOLD ME SHE WAS GOING TO HAVE MY HOUSE RED TAGGED AND I'LL BE DOGGONE IF SHE DIDN'T HAVE MY HOUSE RED TAGGED. A MONTH BEFORE THAT. SHE TOLD ME THIS, AND I DID NOT BELIEVE IT WAS POSSIBLE TO HAPPEN, WHICH IT DID HAPPEN. SO I CAME DOWN TO CITY HALL AND I SPOKE TO THE INSPECTOR WHO RED TAGGED MY HOUSE. SHE TOLD ME I HAD 28 DEFICIENCIES ON MY HOUSE, AND I TOLD HER I'D LIKE TO SPEAK TO HER SUPERIOR, AND I'D LIKE FOR HIM TO MEET ME OUT AT MY RENT HOUSE. HE COMES TO THE RENT HOUSE. HE GOES HIS TWO STORY. HE GOES THROUGH THE RENT HOUSE UPSTAIRS, ALL AROUND THE RENT HOUSE. AND I SAY, SO WHAT DID YOU FIND? HE SAID, MR. CASTILLO, I HAVE TWO THINGS I SAY. AND WHAT IS THAT? HE SAID THE [00:15:05] FOUNDATION WHERE SHE DIDN'T ALREADY PUT IT IN THERE, THAT THE FOUNDATION WAS BAD, WHICH IS NOT. HE SAID, WELL, I'LL TELL YOU WHAT WE WILL DO. HE SAID, I JUST REPLACED THE HOT WATER HEATER. THE WIRES ARE STILL STICKING UP. THEY WOULD TAKE A WIRE NUTTED AND TAPED. I LEFT THEM OUT UNTIL I MADE SURE THAT THE HOT WATER HEATER WAS GOOD. HE SAID THE HOT WATER HEATER WIRES CAN'T BE EXPOSED. I SAID NO PROBLEM. HE SAID, YOU HAVE SEVERAL FACE PLATES ON THE ELECTRICAL THAT SHE BROKE OFF. I SAID, NO PROBLEM. I SAID, SO WHAT ELSE DO YOU HAVE? HE SAID, THAT'S IT, BUT MY HOUSE IS RED TAGGED. I WENT OUT TODAY TO INSPECT MY HOUSE BECAUSE NO ONE IS LIVING THERE. THE LADY DID NOT KEEP THE GRASS CUT, KEPT TRASH IN THE YARD, FOOD ON THE STOVE AND EVERYTHING. BUT SHE CLAIMED IT WAS RODENTS THERE. IT COULD HAVE BEEN. BUT I ALWAYS TREAT MY HOUSES PROPERLY. BUT MY. I'M LOOKING AT THE TIME BUT MY HOUSE IS RED TAGGED, IS STILL RED TAGGED. BUT SIR, THANK YOU ALL. WOULD BE WILLING TO LOOK AT MY PICTURES. THANK YOU, THANK YOU. AMANDA YARBOROUGH, 701 MAIN STREET, BEAUMONT, TEXAS. GOOD AFTERNOON, AMANDA YARBOROUGH, BEAUMONT CHILDREN'S MUSEUM. THANK YOU ALL SO MUCH FOR YOUR TIME TODAY. I'M HERE TO SPEAK ON CONSENT AGENDA. SEE, I FIND IT IMPORTANT THAT WE DEFINITELY LOOK FORWARD INTO WORKING WITH THIS FIRM THAT THE CITY ADMINISTRATION HAD TAKEN TIME TO DO REVIEW, TO DO AN EVALUATION AND FEASIBILITY STUDY FOR THE DOWNTOWN LIBRARY BUILDING, THE ACTUAL LIBRARY PROGRAMS, AND THE BEAUMONT CHILDREN'S MUSEUM PROGRAMS. THIS IS A GREAT STEP FORWARD IN FINDING A WAY TO HELP IGNITE OUR DOWNTOWN REVITALIZATION, BUT IN GENERAL, BRINGING IN AND FINDING A WAY TO MERGE TWO PROGRAMS THAT WILL THRIVE TOGETHER THROUGH ALREADY EXISTING PROGRAMS THAT WE DO WELL STEAM EDUCATION AT THE BEAUMONT CHILDREN'S MUSEUM IS THRIVING THROUGH INFECTING OVER 70,000 INDIVIDUALS IN THE GREATER SOUTHEAST TEXAS AND WEST LOUISIANA PARISHES, WHERE THEY COME AND HANG OUT IN OUR DOWNTOWN BEAUMONT. OR WE WORK WITH THEM WITHIN THEIR CLASSROOMS AND THEIR DIFFERENT PROGRAMS, BRINGING TOGETHER READING AND LITERATURE IS A GREAT WAY TO ENHANCE STEAM EDUCATION. TURNING INTO STREAM SCIENCE, TECHNOLOGY, READING, ENGINEERING, ART AND MATH A VERY IMPORTANT FOUNDATION OF BEING ABLE TO BUILD THE DEVELOPMENT THAT STEAM NATURALLY PROGRESSES IN AS A CHILD DEVELOPS. SO BRINGING IN READING INTO A PROGRAM LIKE THE MUSEUMS WITH THE PARTNERS, SUCH AS THE FANTASTIC LIBRARY PROGRAM THAT WE ALREADY HAVE, WOULD BE A GREAT WAY TO EVALUATE A BUILDING AND BRING IT UP TO THE NEXT LEVEL. LIBRARIES ARE EVOLVING ACROSS THE COUNTRY, AND FINDING A WAY FOR TWO FANTASTIC PROGRAMS TO COME TOGETHER TO REALLY MAKE AN IMPACT AND REALLY BRING OUR COMMUNITY TOGETHER IS ANOTHER NEXT STEP FOR US TO REALLY BRING TOGETHER DOWNTOWN BEAUMONT. THANK YOU ALL FOR YOUR TIME. THANK YOU. CHARLIE CRABB, 928 EAST DRIVE, BEAUMONT, TEXAS. GOOD AFTERNOON, MAYOR, WEST COUNCIL, THANK YOU FOR YOUR SERVICE. HELLO, MR. WILLIAMS, THANK THANK EVERYONE FOR THEIR SERVICE. IT'S ANOTHER NICE HOT DAY IN BEAUMONT, OUR TOWN. I WANT TO EMPHASIZE I WANT TO. LET'S SEE WHAT WHAT'S IT GOT ME ANYWAY? THE GENTLEMAN THAT SPOKE ABOUT HIS RED TAG I WANT TO. GIVE HIM MY BEST BECAUSE THE CITY COULD AT LEAST GIVE HIM A HEADS UP AND SAY HE'S HAD TO THE TENANT. COMPLAINT. PLEASE GO OUT AND CHECK YOUR CHECK YOUR [00:20:06] RESIDENCE BEFORE WE GO OUT THERE IN A WEEK. ANYWAY, LET'S SEE. OH YEAH, THE BOND ISSUE, SINCE I THINK WE SHOULD EMPHASIZE THE NEIGHBORHOOD SEWER SYSTEMS BECAUSE OF THE BOND ISSUE THAT YOU'RE ASKING US TO PAY. SO THAT WOULD THAT WOULD BE HELPFUL TO THE CITIZENS, DO THINGS THAT ARE REALLY HELPFUL TO THE CITIZENS ON THAT. AND LET'S SEE, I'VE GOT OTHER THINGS. OH, YES. THE DOWNTOWN SPORTS CENTER, THAT SEEMS LIKE A LITTLE OVER THE TOP. ALL THOSE BASKETBALL COURTS AND PICKLEBALL COURTS. IT'D BE NICE TO SEE A NEIGHBORHOOD CENTER OUT IN, LET'S SEE, IN THE SOUTH END, MAYBE. ALICE KEITH PARK, SOMETHING LIKE WE HAVE IN MAGNOLIA PARK, WHERE NEIGHBORHOOD KIDS COULD COULD WALK TO THE FACILITY OR THERE THEY WOULD BE CLOSE FOR PARENTS TO DRIVE THEM TO IT AND HAVE ALL KIND OF AFTER SCHOOL ACTIVITIES FOR YOUNG PEOPLE. THAT'S THE OUGHT TO HAVE SOMETHING ELSE. WELL, WE HAD A NICE SHOWER OUT ON ON EAST DRIVE YESTERDAY AFTERNOON AND THAT'S ALWAYS GOOD. LET'S SEE. DO I HAVE ANYTHING ELSE THAT'S. NO. OKAY. NOPE. I DON'T HAVE ENOUGH TIME. SO THANKS FOR LISTENING TO ME FOR THAT LITTLE BIT. AND HOPEFULLY I'LL BE BACK AGAIN TO GIVE YOU SOME HEADS UP. THANK YOU SIR. TONY KERRY, YOUR 4240 ON THE STREET BY MY TEXAS. AND AS A REMINDER, IF EVERYBODY WOULD TAKE A SECOND TO MAKE SURE YOUR PHONE IS SILENCED. THANK YOU. GOOD AFTERNOON, COUNCIL MEMBERS. TO ALL THE NEW ONES THAT HAVE JOINED THE PARTY. I'M JUST SO HAPPY TO SEE EVERYBODY. I'VE BEEN GONE. BUT YOU KNOW WHERE I'VE BEEN, YOU KNOW? SO HURRAH FOR ME FOR GETTING MY THIRD DEGREE. AND NOW I AM TRULY A TEXAN. HOW ABOUT THAT? YOU KNOW. SO I WANTED TO SAY I JUST CAME TO REALLY GET A HEAD COUNT BECAUSE I AM THE VERY, VERY SWEET COOKIE LADY. SO I DON'T WANT TO BRING COOKIES. THIS IS NO DIFFERENT FOR ME TO BRING YOU GUYS COOKIES. ALL THE NEW PEOPLE THAT KNOW ME, THAT DON'T KNOW ME, THEY WILL TELL YOU THAT THEY WILL ENJOY THEM. SO I JUST WANTED TO SAY THAT AND I AND I, AND I'M GOING TO BRING MYSELF UP TO SPEED BECAUSE I HAVEN'T BEEN HERE, YOU KNOW, OF COURSE, I'VE HEARD A LITTLE HERE AND THERE ON CHANNEL 12, BUT I'M HERE NOW. HERE SHE'S BACK, THAT CITIZEN THAT EVERYBODY LOVES AND SOME OF THE CITIZENS, YOU KNOW, I'M JUST I'M THAT LADY THAT THEY WARNED YOU ABOUT. TONY. SO SHE'S BACK. ALL RIGHT. SO THANK YOU SO MUCH, EVERYBODY THAT'S HERE. THANK YOU MA'AM. EDDIE ALLEN, 9695 CROSS BEAUMONT, TEXAS. GOOD AFTERNOON TO MR. WILLIAMS, CITY MANAGER COUNCIL, THE MAYOR, EVERYBODY THAT'S IN ADMINISTRATION. AND TO MY FELLOW CITIZENS, MY NAME IS EDDIE ALLEN, 9695. GROSS. FROM THE TIME THAT I CAME HERE LAST WEEK, 8.8. EARTHQUAKE. ARE WE READY? WE HAVE FRACKING. IT COULD HAPPEN. AND THE EARTHQUAKE WENT FROM RUSSIA TO HAWAII TO NORTHERN CALIFORNIA. IN KERRVILLE, FROM TWO FEET TO 29, IN 45 MINUTES. AND WE WERE TOLD FROM BY YOUR STAFF, THERE WAS. FOUR, FOUR INCHES OF RAIN, MA'AM, IN 30 MINUTES. SO SIRENS. AND I ASKED LAST WEEK THAT MAYBE WE MIGHT HAVE SOMEBODY TO COME AND TALK THAT KNOWS MORE THAN ME. AND I KNOW THAT BUDGET IS IMPORTANT, BUT ONE OF THE FIRST THINGS THAT HAPPENS IS WHEN YOU HAVE AN EARTHQUAKE, IF YOU HAVE A STORM, YOU CAN BE SLEEP AND IT COMES IN AT NIGHT. AND I'VE HAD PEOPLE TO SAY THEY STEPPED OUT OF THEIR BED AND WATER. IF YOU HAVE A WARNING SYSTEM THAT GIVES YOU AN OPPORTUNITY TO KNOW WHAT'S UP, WHAT'S HAPPENING, I, I AM BEGGING YOU AND I DON'T BEG [00:25:04] THAT MUCH, BUT I'M BEGGING THE CITY TO CONSIDER SIRENS. I'VE STOOD UP HERE SINCE 2023, SO I'VE GONE THROUGH QUITE A FEW COUNCIL MEMBERS. JUST LOOK INTO IT. YOU KNOW, MY HEART GOES OUT TO THE PEOPLE IN BEAUMONT THAT LOST LIVES. IT COULD BE US. WE GOT THE SABINE, WE GOT THE NECHES. WE'VE GOT TO DO SOMETHING WE DON'T NEED 29. BECAUSE IF YOU GO DOWN 90, WHERE I STAY, I CAN HEAR THE SIRENS ALL THE TIME, GOING UP AND DOWN 90. SO I'M JUST ASKING YOU, PLEASE, PLEASE. WE NEED SIRENS TO LET US KNOW IF A FLOOD IS COMING IN, IF THERE IS A TORNADO, IF THERE'S A HURRICANE. IF WE LOSE POWER LIKE HOUSTON WITH BERYL. PEOPLE NEED TO KNOW. AND I HAVE NO DOUBT THAT BEAUMONT IS READY TO RESPOND TO THE OTHER ISSUES. BUT WE THE PEOPLE NEED A WARNING. THANK YOU FOR YOUR SERVICE. HAVE A GOOD DAY. THANK YOU. DANIEL CAMPISI, 2095 DOWLEN ROAD, BEAUMONT, TEXAS. THANK. HEY. THANK YOU. GOOD AFTERNOON. MAYOR, COUNCIL MEMBERS AND MEMBERS OF THE COMMUNITY. I'M HERE TODAY IN SUPPORT OF PASSING AGENDA ITEM EIGHT AND TO SHARE ADDITIONAL STATISTICS REQUESTED BY THE COUNCIL FROM THE TEXAS DEPARTMENT OF PUBLIC SAFETY CRIME STATISTICS WEBSITE ABOUT CHILD CUSTODY INTERFERENCE CASES. AS SOME OF YOU MAY RECALL, I PREVIOUSLY SHARED DATA SHOWING JUST HOW WIDESPREAD AND DAMAGING THIS ISSUE IS. THAT INFORMATION, ALONG WITH THE NEW STATISTICS PRESENTED TODAY, PAINTS A TROUBLING PICTURE. FAMILIES REMAIN IN TURMOIL. REPEAT OFFENDERS CONTINUE UNCHECKED, AND OUR CITY'S YOUTH CAUGHT IN THE MIDDLE ARE PAYING THE HIGHEST EMOTIONAL PRICE. SO WHAT'S ALLOWING THIS TO CONTINUE? AT THE HEART OF THE PROBLEM IS A LEGAL LOOPHOLE, ONE THAT LETS CUSTODY VIOLATIONS GO UNPUNISHED YEAR AFTER YEAR. AND IT'S NOT JUST THAT OFFENDERS ESCAPE CONSEQUENCES. IT'S ALSO BECAUSE THE AGENCIES RESPONSIBLE FOR ENFORCING VISITATION AGREEMENTS LACK ACCOUNTABILITY. THE LOW RATE OF PROSECUTION CONFIRMS WHAT MANY FAMILIES ALREADY KNOW. CRIMINAL PENALTIES ALONE AREN'T ENOUGH TO DETER CUSTODY INTERFERENCE. RECOGNIZING THIS GAP, THE TEXAS LEGISLATURE PASSED HOUSE BILL 969 TO 2023. THIS BILL OFFERS A MORE PRACTICAL AND EFFECTIVE SOLUTION, ONE THAT AVOIDS THE HARSHER CONSEQUENCES OF CRIMINAL PROSECUTION WHILE STILL HOLDING VIOLATORS ACCOUNTABLE THROUGH CIVIL PENALTIES. BYPASSING ITEM EIGHT, YOU SEND A CLEAR MESSAGE TO THE CITIZENS OF BEAUMONT THEIR STRUGGLES ARE REAL, THEIR VOICES ARE HEARD, AND BY ESTABLISHING A DEDICATED TASK FORCE, THE CITY CAN FINALLY BEGIN TO BRING DOWN THE RISING NUMBER OF CUSTODY INTERFERENCE CASES, ADOPTING HB 969 INTO BEAUMONT'S CODE OF ORDINANCE WOULD PROVIDE A PATH TO A MORE STABLE AND PREDICTABLE FAMILY EXCHANGES. IT WOULD REDUCE THE EMOTIONAL TOLL ON BOTH CHILDREN AND PARENTS, AND CREATE A SYSTEM THAT PUTS FAMILY WELL-BEING FIRST RATHER THAN PUNISHMENT. ON BEHALF OF THE BEAUMONT COMMUNITY, I RESPECTFULLY ASK THE COUNCIL TO APPROVE ITEM EIGHT. THIS ORDINANCE WILL HELP PREVENT INJUSTICES FROM AFFECTING CHILDREN IN BROKEN FAMILY ENVIRONMENTS, AND STRENGTHEN FAMILIES THROUGHOUT OUR COMMUNITY FOR GENERATIONS TO COME. IF ENACTED EFFECTIVELY, IT WILL ALSO EQUIP OUR POLICE DEPARTMENT WITH THE TOOLS THEY NEED TO ADDRESS THESE CRIMES. EMPOWERING LAW ENFORCEMENT IN THIS WAY IS ESSENTIAL TO CONFRONTING THOSE WHO VIOLATE THE RIGHTS OF OUR CITY'S YOUTH, AND WHO UNDERMINE THE SANCTITY OF FAMILY. LET'S MAKE THIS CHANGE FOR OUR FAMILIES, FOR OUR CHILDREN, AND FOR THE FUTURE OF BEAUMONT. THANK YOU. THANK YOU SIR. THAT'S ALL I HAVE, MAYOR. ALL RIGHT. WITH THAT PUBLIC COMMENT IS CLOSED. IS THERE A [CONSENT AGENDA] MOTION AND A SECOND FOR APPROVAL OF THE CONSENT AGENDA? MOVE TO APPROVE. THANK YOU. THERE IS A MOTION AND A SECOND FOR APPROVAL OF THE CONSENT AGENDA. IS THERE ANY DISCUSSION? COUNCILMAN DARIO, ITEM D. I UNDERSTAND. I WANT TO KNOW WHAT WAS THE COST AND IF THE GLO IS FUNDING THE [00:30:05] ENTIRE PROGRAM, WHAT'S WHAT'S THE COST? AND AM I TO UNDERSTAND THAT THE GLO IS GOING TO FUND THE ENTIRE PROGRAM? YES, SIR. SO WE RECEIVED A GRANT FROM THE GLO FOR A TOTAL OF 300,000. AND THIS PROPOSAL IS A TOTAL OF $259,823. OKAY. THANK YOU. YES, SIR. ALL RIGHT. IF THERE'S NO OTHER DISCUSSION, ALL THOSE IN FAVOR OF APPROVING THE CONSENT AGENDA, PLEASE SIGNIFY BY SAYING AYE. AYE. ANY OPPOSED? THE MOTION IS CARRIED. MR. CITY MANAGER, MAY WE HAVE THE READING OF ITEM [1. Council to consider authorizing the City Manager to execute an agreement with Beaumont Firefighters' Local 399.] NUMBER ONE, PLEASE? THANK YOU. MAYOR. COUNCIL, TO CONSIDER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH BEAUMONT FIREFIGHTERS LOCAL 399. AND IT COMES WITH THE RECOMMENDATION, RECOMMENDATION OF APPROVAL OF THE RESOLUTION. IS THERE A MOTION FOR ITEM NUMBER ONE? SO MOVED. SECOND, THERE IS A MOTION AND A SECOND FOR APPROVAL OF ITEM NUMBER ONE. IS THERE ANY DISCUSSION, COUNCILMAN TURNER? MADAM ATTORNEY, AS SOMEBODY FROM STAFF, CAN WE KIND OF EXPLAIN WHEN YOU LOOK AT THE CONTRACT, IT'S SAYING 2027. AND I KNOW WE'RE KIND OF NEAR THE END OF 2025 AND IT SAYS THREE YEAR. SO PEOPLE I HAD TWO CITIZENS ASK ME, HOW IS THAT A THREE YEAR KIND OF EXPLAIN HOW WHAT'S GOING ON AND HOW IT GOT TO THAT POINT. SO THE CONTRACT IS BEING EXECUTED IN 2025, AND SO THEY WILL RECEIVE A RAISE THIS YEAR. SO WE'RE COUNTING THAT AS ONE YEAR, YOU COUNT 2026 AND THE CONTRACT EXPIRES IN 2027 OKAY. SO BASICALLY THIS YEAR IS INCLUDED EVEN THOUGH WE APPROVED IT TODAY. THANK YOU. ANY OTHER QUESTIONS COMMENTS. ALL THOSE IN FAVOR OF APPROVING ITEM NUMBER ONE, PLEASE SIGNIFY BY SAYING I. AYE. ANY OPPOSED? THE MOTION IS CARRIED. MR. CITY MANAGER, MAY WE HAVE THE READING OF ITEM NUMBER TWO, PLEASE? AND, MAYOR, WE'RE HAPPY TO HAVE AN AGREEMENT WITH LOCAL 399. OKAY. COUNCIL TO [2. Council to consider a resolution to approve a Venue Project pursuant to Chapter 334 of the Texas Local Government Code.] CONSIDER RESOLUTION TO APPROVE A VENUE PROJECT PURSUANT TO CHAPTER 334 OF THE TEXAS LOCAL GOVERNMENT CODE. AND IT COMES WITH THE RECOMMENDATION, APPROVAL OF THE RESOLUTION. IS THERE A MOTION FOR ITEM NUMBER TWO? SECOND, THERE IS A MOTION AND A SECOND FOR APPROVAL OF ITEM NUMBER TWO. IS THERE ANY DISCUSSION? COUNCILMAN CRENSHAW? THE. THIS WILL BE ON THE BALLOT FOR NOVEMBER. I DON'T KNOW YET. SO THE PROCESS IS, IS THAT IT HAS TO GO TO THE COMPTROLLER. AND THIS IS THE FIRST STEP IS THAT COUNCIL HAS TO APPROVE A RESOLUTION. WE'LL SEND THIS RESOLUTION TO THE COMPTROLLER. THEY'LL REVIEW TO DETERMINE IF THERE'S ANY NEGATIVE IMPACT, AND ISSUE A DECISION ON WHETHER OR NOT IT CAN MOVE FORWARD. AND COUNCIL WILL BE ABLE TO VOTE LATER ON EXACTLY WHAT THE LANGUAGE WILL BE ON THE BALLOT. SO THERE'S SOME VERY SPECIFIC LANGUAGE ON HOW IT HAS TO BE WORDED. WE DID SUBMIT THAT LANGUAGE TO THE COMPTROLLER, SO WE'LL SEND THAT ONCE IT'S APPROVED. WE'LL PROVIDE IT BACK TO COUNCIL, AND IT'LL BE VERY LIMITED ON HOW YOU CAN RESTRICT IT. BUT IT'S THE LANGUAGE THAT WAS SENT TO THE COMPTROLLER. DOES IT SPECIFICALLY SAY FOR A DOWNTOWN CONVENTION CENTER HOTEL? I CAN TELL YOU. ARE YOU PICKING UP? YOU MIGHT NEED TO BRING THE MIC CLOSER. THE QUESTION WAS, DOES THE LANGUAGE SENT TO THE COMPTROLLER SPECIFICALLY ASK VOTERS TO APPROVE A DOWNTOWN CONVENTION CENTER HOTEL? FROM WHAT I READ, IT JUST IT'S APPROVAL FOR THE VENUE TAX. I DON'T KNOW IF THAT LANGUAGE CAN BE ADDED. SO THE LANGUAGE THAT WE SUBMITTED SAYS AUTHORIZING THE CITY OF BEAUMONT, TEXAS, TO FINANCE A CONVENTION CENTER FACILITY AND RELATED INFRASTRUCTURE TO IMPOSE A NEW LOCAL HOTEL OCCUPANCY TAX AT THE RATE OF 2% FOR THE PURPOSE OF FINANCING THE VENUE PROJECT. IF APPROVED, THE MAXIMUM HOTEL OCCUPANCY TAX RATE IMPOSED FROM ALL SOURCES IN THE CITY OF BEAUMONT, TEXAS, WOULD BE 15% OF THE PRICE PAID FOR A ROOM IN A HOTEL. SO I BELIEVE THAT WHEN WE APPROVED STONEHENGE'S CONTRACT EXTENSION FOR 450,000, WE ADDED THE LANGUAGE THAT WE WERE DOING THAT WITH THE UNDERSTANDING THAT THE CONVENTION CENTER HOTEL PROJECT WOULD HAVE VOTER APPROVAL. SO I GUESS MY CONCERN IS THAT THE BALLOT IN NOVEMBER, [00:35:01] IF THIS IS APPROVED BY THE COMPTROLLER, WOULD MENTION SPECIFICALLY DOWNTOWN CONVENTION CENTER HOTEL. AND IF IT DOESN'T, THEN HOW ARE WE GETTING AROUND THE APPROVAL OF THE STONEHENGE CONTRACT SPECIFICALLY SAYS A FINANCE, A CONVENTION CENTER FACILITY AND RELATED INFRASTRUCTURE. SO COULD WE. BUT THAT'S MY QUESTION. WHEN WE PUT ON THE BALLOT, COULD IT SAY A DOWNTOWN? I DON'T KNOW, I GUESS I CAN TALK TO THE COMPTROLLER ABOUT IT. THAT LANGUAGE WAS PROPOSED BY OUR EXPERT SCOTT JOSLYN AND OUR BOND COUNSEL, AND I GUESS THE I'M SORRY, CAN I CAN I GUESS THE INDIRECT INTENTION WOULD BE NOT SPECIFICALLY DOWNTOWN AS IT COULD APPLY TO OTHER AREAS OR LOCATIONS. AM I UNDERSTANDING THAT? RIGHT? YES. OKAY. I THINK SOMETHING IMPORTANT IS ALSO THE FACT THAT WHATEVER YOU REFER TO AS THIS VENUE PROJECT FOR THE VENUE TAX. SO IF YOU WERE TO MENTION THE HOTEL, THAT WOULD BE AN ADDITION. YOU'RE ACTUALLY STATING WHAT THE VENUE PROJECT IS. SO FOR THIS TAX IT SPECIFIES THE CONVENTION CENTER AND INFRASTRUCTURE, BECAUSE THAT IS WHAT THE VENUE TAX IS GOING TO BE USED FOR. SO IN THE LANGUAGE YOU HAVE TO CONSIDER WHAT THE VENUE TAX IS BEING USED FOR. WHEN YOU START MENTIONING OTHER THINGS. THAT IS NOT WHAT THE VENUE TAX IS ENTITLED TO BE USED FOR. OKAY, SO THEN THAT TAKES ME BACK TO MY ORIGINAL QUESTION. HOW ARE WE THEN GOING TO ADDRESS THE ISSUE OF THE PREVIOUS RESOLUTION THAT WAS PASSED THAT SAID THAT IF WE WERE GOING TO GIVE THE STONEHENGE CONSULTANTS AN ADDITIONAL 450,000 THROUGH THE END OF NOVEMBER, AND THAT THAT PROJECT WOULD GET VOTER APPROVAL, DOES THAT MEAN THAT IF WE'RE NOT GOING TO ADD THAT LANGUAGE TO THIS VENUE TAX PROPOSAL ON THE BALLOT, THAT IT'S GOING TO BE A SEPARATE ITEM FOR VOTERS TO APPROVE IN NOVEMBER? WE'LL HAVE TO RESEARCH THAT. I DON'T KNOW THAT WE HAVE AN ANSWER FOR THAT RIGHT NOW. I HAVE A QUESTION, MAYOR. COUNCILMAN TURNER, AND I UNDERSTAND WHAT COUNCIL MEMBERS ARE CONCERNED ABOUT. SO OUR QUESTION IS SIMILAR TO WHAT WAS ASKED EARLIER. I KNOW WE HAVE TO LOOK AT WHAT THE COMPTROLLER IS WILLING TO APPROVE. BUT, YOU KNOW, WHEN IT WAS DISCUSSED, IT WAS THE CONVENTION CENTER HOTEL DOWNTOWN. WE'RE JUST TRYING TO SEE A LANDING POINT WHERE WE KIND OF ALL ON THE SAME PAGE PRIOR TO MOVING FORWARD. SO WE'RE LIMITED IN. AND AGAIN, THE COMPTROLLER COULD COME BACK AND SAY, YOU KNOW, THE LANGUAGE DOESN'T ALIGN WITH THE STATUTE. SO IN AND CHANGE IT. SO WE MIRRORED IT BASED ON THEIR RECOMMENDATION AND SPEAKING WITH THE THEIR REPRESENTATIVE AND THEIR OFFICE. AND SO IT WAS TAILORED BASED ON THE CONVERSATIONS THAT WE HAD WITH THEM. OKAY. SO UNDERSTOOD BASICALLY WE GAVE DIRECTION BUT WE WENT TO THE CONTRACT CONTROLLER. THIS WAS THE SUGGESTED LANGUAGE BETWEEN THE PARTIES. AND SO THIS IS KIND OF WHAT WE ENDED UP IN. YES, SIR. SO EVEN RIGHT DOWN TO THE RESOLUTION, YOU'LL SEE THIS WAS SOMETHING THAT CAME FROM THE OFFICE THAT SAID, THIS IS WHAT WE NEED TO SEE THE CITY ADOPT. THIS IS THIS IS THEIR PROPOSED LANGUAGE THAT THEY THEY WANT TO SEE AND WANT TO REVIEW. AND THEN OBVIOUSLY, THEY HAD SOME QUESTIONS ABOUT THE PROJECTS IN AND OF THEMSELVES. SO WE PRODUCED AND TRIED TO ALIGN OUR ALIGN OUR LANGUAGE IN THE ITEMS BASED ON WHAT THE COMPTROLLER SAID THAT THEY WANTED AND UNDERSTOOD. SO STAFF DID TRY TO EXECUTE WHAT WE ASKED. AND I UNDERSTAND WHAT YOU'RE SAYING IS THAT IT'S IMPORTANT THAT IF WE DON'T SEE INFRASTRUCTURE, NOT AT 2% COMES IN AND WE COULDN'T UTILIZE IT FOR INFRASTRUCTURE. WELL, WE'VE JUST WE'VE, WE'VE WE'RE LEARNING. RIGHT? WE'RE LEARNING A LOT ABOUT THIS VENUE TAX. SO YOU HAVE TO UNDERSTAND THAT WITHIN THE VENUE TAX, WHAT IS PROPOSED AS THE VENUE PROJECT VENUE TAX IS ACTUALLY HOTEL OCCUPANCY TAX DOLLARS. SO ONCE YOU START USING HOTEL OCCUPANCY TAX DOLLARS FROM THIS VENUE TAX TO A VENUE PROJECT, THERE'S ONLY SPECIFIC BUCKETS OF MONEY THAT CAN BE PAID FOR SAID PROJECT, WHICH IS WHY THE VENUE TAX IS SPECIFICALLY FOR THE CONVENTION CENTER AND INFRASTRUCTURE, WHICH IS THE EXACT WORDING THAT SCOTT JOSLOFF, THE PRESIDENT OF THE CHL, SUGGESTED FOR THIS PROJECT. AND NOW, COUNCIL MEMBER SHERWOOD, IF I'M UNDERSTANDING THIS CORRECTLY, WE'RE JUST MAKING A PROPOSAL TO SEE IF WE CAN APPLY THIS VENUE TAX, AM I CORRECT? SO WHAT WE'RE DOING IS COUNCIL IS APPROVING SAYING THAT THEY THEY WOULD LIKE TO SEE THIS PROJECT AND THIS IS HOW THEY WANT TO USE THE PROJECT SO THAT WE CAN SUBMIT IT TO THE COMPTROLLER TO SEE IF IT'S GOING TO HAVE A NEGATIVE FINANCIAL IMPACT, THE VOTE TO PLACE THE ITEM ON THE BALLOT WON'T OCCUR UNTIL AUGUST 12TH, AND EVEN THEN IT WILL NEED TO HAVE A APPROVAL FROM THE COMPTROLLER BY THEN. THIS IS STEP ONE IN THE PROCESS, IS WHAT I'M SAYING? YES, MA'AM. SO, AND JUST FOR CLARITY TOO, THIS IS RAISING THE HOTEL OCCUPANCY TAX FROM 15 TO 17%, WHICH IS PAID FOR PEOPLE STAYING IN HOTELS. THIS ADDITIONAL VENUE TAX IS NOT PAID BY OUR [00:40:04] RESIDENTS. YES, CORRECT. AND THERE'S NO TIME LIMIT. SO YOU YOU HAVE TO CONSIDER THE FACT THAT THIS IS GOING TO BE A CONTINUATION. SO YEAR AFTER YEAR, WE CURRENTLY ARE RECEIVING ANYWHERE FROM 3.3 TO $3.5 MILLION IN HOT TAX. THAT GOES TO THE CITY. SO WE'RE IMPLEMENTING ABOUT ANYWHERE FROM 1 MILLION TO 1.2 MILLION FROM THIS PROPOSED VENUE TAX. THAT IS SPECIFICALLY FROM REVENUE OF HOTEL STAYS. SO THIS IS NOT ACTUAL PROPERTY TAX OR IMPLEMENTED BY THE RESIDENTS, JUST SPECIFICALLY THOSE WHO PURCHASE A HOTEL ROOM. THEY ARE CURRENTLY BEING CHARGED 15% IN HOT TAX. AFTER THIS, ADDITIONAL VENUE TAX WOULD BE APPROVED ON A BALLOT ELECTION, THEN THEY WOULD BE HAVING FROM 15% TO 17%. THANK YOU, COUNCILMAN TURNER. AND MADAM ATTORNEY, ONCE IT GOES TO THE COMPTROLLER AND IF IT'S BROUGHT BACK TO US AND LET'S JUST SAY HYPOTHETICALLY, IT'S APPROVED, WE THEN DO NOT NEED TO CHANGE ANY LANGUAGE. WE NEED TO STICK TO SPECIFICALLY WHAT WAS SENT UP. CORRECT. SO IT'S RECOMMENDED THAT WE STAY WITHIN THE GUIDELINES OF WHAT'S BEEN APPROVED BY THE COMPTROLLER. WE SENT THE LANGUAGE. THEY ASKED FOR A RESOLUTION TO REVIEW THE PROJECT, WHICH IS WHERE WE ARE NOW. WE'LL GET FINAL FEEDBACK ON APPROVAL ON BOTH, I GUESS OUR PROPOSED LANGUAGE AS WELL AS THE PROPOSED PROJECT BEFORE THE APRIL 12TH MEETING. BUT YOU CAN'T FORESEE IT SAYING HOTEL CONVENTION CENTER. THAT WOULD THAT WOULD BE A NEGATIVE IMPACT. SO LIKE YOU SAID, LIKE THIS IS LIKE WE HAVEN'T DID A BOND IN 40 YEARS. I DON'T THINK EITHER ONE OF US WERE OLD ENOUGH TO. AND I WASN'T EVEN BORN YET TO, TO REALLY GRASP THAT. SO LIKE THIS WHOLE CONCEPT IS, IS IT'S FAIRLY NEW, AT LEAST FROM, FROM THE STANDPOINT FOR THE INDIVIDUAL STAFFS WHO ARE WORKING ON THE PROJECT. SO FROM THE INDIVIDUALS WHO'VE DONE THIS MULTIPLE TIMES, THIS IS THE LANGUAGE THEY RECOMMENDED. AND, AND THEY PROPOSE SOME OTHER PROJECTS SIMILAR TO OURS THAT WERE SUCCESSFUL. BUT I CAN'T SAY THAT JUST BECAUSE IT WORKED FOR THIS PARTICULAR CITY AND THEY'RE SIMILAR TO OURS, THAT IT WILL NECESSARILY BE THE SAME. THEY MAY COME BACK AND HAVE SOME SOME CONCERNS. THEY MAY THEY MAY MAY DO SOMETHING DIFFERENT. BUT THE INDIVIDUALS THAT WE WORKED WITH, BOTH OUR BOND COUNCIL AND SCOTT JOSLIN, WHO'S DONE THIS ACROSS THE STATE OF TEXAS MULTIPLE TIMES, BELIEVED THAT IT WOULD BE PRESENTED, WOULD BE VIEWED FAVORABLY AND FOR CLARITY FOR OUR RESIDENTS OR FOR PEOPLE THAT ARE WATCHING. THERE ARE MANY CITIES THAT ARE ALREADY AT THE 17% ON THE HOTEL OCCUPANCY TAX. SO BEAUMONT, THIS IS NOT SOMETHING THAT'S UNCOMMON IN THE STATE. MANY CITIES ARE ACTUALLY UP TO 19%. BEING FAIRLY HONEST, I JUST WANT TO BE 100% SURE THAT LANGUAGE CAN'T BE KIND OF THE WAY WE DISCUSSED IT PRIOR. TO GET TO THIS POINT. I WOULD JUST FEEL BETTER IF I KNEW 100%, JUST SPECIFICALLY IN THIS LANGUAGE FOR THE VENUE TAX. SO FROM WHAT COUNCIL MEMBER CRENSHAW IS SUGGESTING SPECIFICALLY FOR THE VENUE TAX, THE LANGUAGE HAS TO BE WHAT IS ADOPTED BY THE COMPTROLLER'S OFFICE, AND IT HAS TO BE SPECIFIC ON WHAT IS DEEMED THE VENUE PROJECT. THAT'S THE MOST IMPORTANT PART OF THIS LANGUAGE TO INCLUDE CONVENTION CENTER AND INFRASTRUCTURE, BECAUSE THAT IS IN TURN THE VENUE PROJECT, WHICH MEANS THAT THE ONLY THE 2% AND ALL THE FUNDS THAT ARE ACCRUED FROM THAT FOR HOWEVER MANY YEARS CAN ONLY BE SPENT ON THE VENUE PROJECT. AND ONCE YOU USE HOT TAX AGAINST THE VENUE PROJECT, THERE'S ONLY SPECIFIC BUCKETS OF FUNDING THAT CAN BE SPENT AGAINST THAT PROJECT. SO WE DON'T WE HAVE TO UNDERSTAND THAT THE LANGUAGE IS SPECIFIED FOR THE EXTENT OF THE VENUE PROJECT. WE MIGHT HAVE TO EXPLORE IF THERE'S ANOTHER OPPORTUNITY TO DO THAT. IF AND I APPROVE THE IF, WE'RE GOING TO SEPARATELY APPROVE THE VENUE TAX. BUT I DON'T KNOW THAT WE'RE GOING TO HAVE THAT ANSWER TODAY. AND I GUESS IF I WOULD GO A STEP FURTHER, WHAT YOU'RE SAYING IS IT'S SPECIFIC TO THE VENUE. ONCE YOU ALLOCATE THE VENUE TAX TO THE VENUE, IT'S GOING TO BE SPECIFIC TO THE VENUE, WHETHER IT SAYS DOWNTOWN OR NOT, IT'S GOING TO BE SPECIFIC TO THAT VENUE. IF I GOT IT. YES, MA'AM. OKAY. AND THE VENUE IS THE CONVENTION CENTER. AND SO ONE OF THE CONCERNS THAT THEY HAD ABOUT SAYING SPECIFICALLY DOWNTOWN IS THAT SCOTT OR MR. JOSEPH USED THE EXAMPLE THAT PEOPLE RENAME THEIR DISTRICTS ALL THE TIME. THEY CALL IT A MUSEUM DISTRICT OR THE DOWNTOWN DISTRICT OR WHATEVER. SO DOING THAT CHANGES. I GET IT. THE CONCEPT. COUNCILMAN CRENSHAW AND I UNDERSTAND ALL THAT AND I, I NONE OF THIS IS LOST ON ME. MY ISSUE IS, IS THAT I THOUGHT WE MADE A DECISION AS A COUNCIL WHEN WE VOTED TO EXTEND THE [00:45:08] CONTRACT FOR STONEHENGE FOR AN ADDITIONAL 450,000, THAT THIS PROJECT WOULD HAVE VOTER APPROVAL. AND I KNOW WE SAID THAT BECAUSE I HELPED WRITE THE LANGUAGE FOR THE ORDINANCE SITTING RIGHT HERE WITH MISS REED. SO MY CONCERN IS THAT IF WE GO WITH THIS VERY VAGUE LANGUAGE, AS PROPOSED RIGHT NOW WITH CONTROLLER APPROVAL, AND WE DO NOT HAVE ANYTHING ELSE ON THE BALLOT IN NOVEMBER, WE ARE NOT GOING TO BE ASKING VOTERS TO APPROVE A DOWNTOWN CONVENTION CENTER HOTEL. AND THAT IS GOING AGAINST WHAT WE SAID IN THE PREVIOUS ORDINANCE. WHEN WE APPROVED THE ADDITIONAL 450,000. SO I'M OKAY WITH PROCEEDING WITH THE VOTE NOW BECAUSE I KNOW WE NEED THE CONTROLLER APPROVAL. BUT I HAVE SOME SERIOUS CONCERNS. IF ON AUGUST 12TH, WHEN WE MAKE THE DECISION ON THE BOND AND WHAT'S GOING TO GO ON THE NOVEMBER ELECTION FOR THE BOND, THAT WE DO NOT ADDRESS SOME TYPE OF VOTER APPROVAL FOR A DOWNTOWN CONVENTION CENTER HOTEL. AND WE CAN SAY, WELL, IT WON'T BE CALLED DOWNTOWN IN TWO YEARS, OR OR IT MIGHT MOVE, BUT LET'S WE KNOW WHAT PROJECT WE'RE TALKING ABOUT. AND THIS IS A RIVERFRONT CONVENTION CENTER HOTEL ON THE OLD AT&T SITE. WE'RE NOT TALKING ABOUT BUILDING SOMETHING ON MAJOR DRIVE OR WALDEN ROAD. THIS IS A DOWNTOWN CONVENTION CENTER HOTEL THAT WE HAVE HIRED STONEHENGE TO CONSULT US ON AND TO MAKE A PROPOSAL, AND THAT IS THE PROPOSAL. SO TO TRY TO SAY, WELL, WE DON'T WANT TO BE TOO SPECIFIC BECAUSE IT MIGHT DECIDE TO MOVE THAT THAT'S NOT ANYTHING THAT'S BEING CONSIDERED BY THIS COUNCIL. SO WITH THAT, I WON'T SAY ANYTHING ELSE, BUT THOSE ARE MY CONCERNS. UNDERSTOOD. ANY OTHER COMMENTS? IF NOT ALL THOSE IN FAVOR OF APPROVING ITEM NUMBER TWO, PLEASE SIGNIFY BY SAYING I. AYE. ANY OPPOSED? THE MOTION IS CARRIED. MR. CITY MANAGER, MAY [3. Council consider a resolution authorizing the City Manager to execute Change Order No. 3 to the contract with Underground Construction Solutions, LLC, of Houston, Texas for the LaBelle Park Waterline Extension (IH-10-LNVA Canal to Walden Road) Project.] WE HAVE THE READING OF ITEM NUMBER THREE, PLEASE? COUNCIL, CONSIDER A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE. CHANGE ORDER NUMBER THREE TO THE CONTRACT WITH UNDERGROUND CONSTRUCTION SOLUTIONS, LLC OF HOUSTON, TEXAS, FOR THE BELL PARK WATERLINE EXTENSION, WHICH IS INTERSTATE HIGHWAY TEN. LNVA CANAL TO WALDEN ROAD PROJECT. AND IT COMES WITH THE RECOMMENDATION OF APPROVAL. IS THERE A MOTION FOR ITEM NUMBER THREE? MOVE TO APPROVE. SECOND, THERE IS A MOTION AND A SECOND FOR APPROVAL OF ITEM NUMBER THREE. IS THERE ANY DISCUSSION? ALL THOSE IN FAVOR OF APPROVING ITEM NUMBER THREE, PLEASE SIGNIFY BY SAYING I, I ANY OPPOSED? THE MOTION IS CARRIED. MR. CITY MANAGER, MAY WE HAVE [4. Council consider a resolution authorizing the City Manager to execute Change Order No. 8 to the contract with ALLCO LLC, of Beaumont, for the 48-Inch Pine Street Raw Water Line Project.] THE READING OF ITEM NUMBER FOUR, PLEASE? COUNCIL, CONSIDER A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE. CHANGE ORDER NUMBER EIGHT TO THE CONTRACT WITH ALCO, LLC OF BEAUMONT FOR THE 48 INCH PINE STREET WATER RAW WATER LINE PROJECT, AND IT COMES WITH THE RECOMMENDATION OF APPROVAL OF THE RESOLUTION. IS THERE A MOTION FOR ITEM NUMBER FOUR THREE? SO MOVED. SECOND, YES. SECOND. COUNCIL. COUNCILMAN. HIM. WAS THAT YOUR INTENTION, COUNCILMAN DARIO. AND SECONDED BY COUNCIL MEMBER SHERWOOD. CRENSHAW. ALL RIGHT. SURE. ALL IN FAVOR OF APPROVING ITEM NUMBER FOUR, PLEASE SIGNIFY BY SAYING AYE. AYE. ANY OPPOSED? THE MOTION IS CARRIED. MR. CITY [5. Council consider a resolution authorizing the City Manager to execute Change Order No. 14 to the contract with ALLCO LLC, of Beaumont, for the Collier’s Ferry Pump Station Project.] MANAGER, MAY WE HAVE THE READING OF ITEM NUMBER FIVE? COUNCIL, CONSIDER RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE. CHANGE ORDER NUMBER 14 TO THE CONTRACT WITH ALCO, LLC OF BEAUMONT FOR THE COLLIER'S FERRY PUMP STATION PROJECT. AND IT COMES WITH THE RECOMMENDATION OF APPROVAL OF THE RESOLUTION. IS THERE A MOTION FOR ITEM NUMBER FIVE? IS THERE A SECOND? SECOND THERE IS A MOTION AND A SECOND FOR APPROVAL OF ITEM NUMBER FIVE. IS THERE ANY DISCUSSION? COUNCILMAN TURNER YEAH, I KIND OF DIDN'T SAY NOTHING ON THE LAST ONE. BUT, YOU KNOW, I KIND OF NORMALLY ASK WHEN WE START GETTING TO CHANGE ORDER NUMBERS THIS HIGH, IT'S KIND OF IMPORTANT TO KIND OF TALK TO THE CITIZENS AND KIND OF LET THEM KNOW HOW WE GOT HERE AND HOW WE [00:50:02] LANDED HERE AND WHERE WE'RE AT AND WHAT'S GOING ON. CAN WE GET AN UPDATE? CERTAINLY. SO TODAY'S CHANGE ORDER IS CHANGE ORDER. YES. LIKE I SAID, NUMBER 14, THIS IS A SIGNIFICANT PROJECT. THIS IS FOR THE COLLIER COLLIER'S FERRY PUMP STATION PROJECT. 90% OF THIS PROJECT IS FUNDED BY FEMA, 7.5% FUNDED BY THE STATE AS PART OF THE HARVEY RECOVERY AND MITIGATION PROJECT. SO THE THIS CURRENT CHANGE ORDER UNDER CONSIDERATION AND THE AMOUNT OF $20,000 WILL INCLUDE A TRAFFIC ATTENUATION DEVICE AND GATE TO IMPROVE THE SAFETY AND SECURITY OF THE SITE. IF YOU'LL NOTICE ON PINE STREET, AS YOU'RE GOING TOWARDS THE NECHES RIVER, YOU'LL EITHER TRAVEL DOWNWARDS TO COLLIER'S FERRY PARK OR GO UP INTO THE PUMP STATION SITE, AND SO TO PROTECT THE PUBLIC IN CASE THEY WERE TO DRIVE INTO THAT BARRIER WALL, THAT'S WHAT THE TRAFFIC ATTENUATION DEVICE IS. AND THE GATE, OF COURSE, FOR SITE SECURITY, WHEN WE PERFORMED A SITE VISIT WITH OUR. IT DEPARTMENT AND THE POLICE DEPARTMENT, IT WAS RECOMMENDED BY THEM TO ADD A POLE ON WHICH TO SET CAMERAS TO ENHANCE THE SECURITY OF NOT JUST THE PUMP STATION SITE, BUT ALSO FOR THE COLLIER'S FERRY PARK SITE. AND THEN WE HAVE CREDITS FOR THAT. WE HAD THAT WE NEEDED TO TAKE ADVANTAGE OF WHERE WE WERE REDUCING THE COST. SO NOT EVERYTHING IS JUST AN INCREASE. THERE'S ALSO DECREASE IN THERE TO GET CREDIT FOR THAT. BUT GIVEN THE SCOPE OF THE PROJECT, FOR THE COMPLEXITY OF IT, OF THAT $25 MILLION PROJECT, WE HAVE ENCOUNTERED SOME CHALLENGES IN SITE CONDITIONS THAT WARRANTED THESE CHANGE ORDERS. I AM HAPPY TO REPORT THAT WE'RE ALMOST TO THE END. SO WE ARE ABOUT TO FINISH WRAPPING UP CONSTRUCTION OPERATIONS ON THIS, AND THEN WE WILL WORK ON THE CLOSEOUT OF THE PROJECT HERE PRETTY SOON. SO WE'RE ALMOST TO THE END. SO OF COURSE THERE WILL BE A FINAL RECONCILIATION CHANGE ORDER TO ZERO OUT ALL OF THE LINE ITEMS IN THE CONTRACT ONCE WE GET THERE, BUT WE'RE ALMOST THERE. OKAY. COUNCIL MEMBER SHERWOOD, DO WE HAVE A PROJECTED END DATE? SO WE'RE ANTICIPATED TO COMPLETE CONSTRUCTION AT THE END BY THE END OF SEPTEMBER. THE. AND THEN THAT'S WHEN THAT CONSTRUCTION WILL BE COMPLETED. THE PUMP STATION ITSELF WON'T GO INTO OPERATION UNTIL THAT WATER LINE PROJECT DOWN PINE STREET IS COMPLETED, WHICH ANTICIPATE IS SCHEDULED DATES ARE ANYWHERE FROM FEBRUARY TO APRIL. WE WILL HAVE TO OPERATE THE EQUIPMENT TO KEEP IT IN GOOD WORKING ORDER UNTIL WE PUT IT INTO SERVICE. BUT WE'RE WE'RE WE'RE WE'RE ALMOST THERE. WE'RE SO CLOSE. THANK YOU, THANK YOU. ANY OTHER DISCUSSION? ALL RIGHT. ALL THOSE IN FAVOR OF APPROVING ITEM NUMBER FIVE, PLEASE SIGNIFY BY SAYING I, I ANY OPPOSED? THE MOTION IS CARRIED. MR. CITY MANAGER, MAY WE HAVE THE READING [6. Council consider a resolution authorizing the City Manager to execute a Standard Utility Agreement (SUA) with the Texas Department of Transportation (TxDOT) for the Eastex Water and Wastewater Relocation projects of the IH-10/Hwy 69 Interchanges Project.] OF ITEM NUMBER SEVEN, PLEASE OR EXCUSE ME? COUNCIL, CONSIDER RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A STANDARD UTILITY AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE EAST TEXAS WATER AND WASTEWATER RELOCATION PROJECTS OF THE INTERSTATE TEN. HIGHWAY 69 INTERCHANGES PROJECT, AND IT COMES WITH THE RECOMMENDATION OF APPROVAL OF THE RESOLUTION. ALL RIGHT. IS THERE A MOTION FOR ITEM NUMBER SIX? SECOND, THERE IS A MOTION AND A SECOND FOR APPROVAL OF ITEM NUMBER SIX. IS THERE ANY DISCUSSION? COUNCILMAN? DARIO. YEAH, IF WE COULD JUST HAVE SOMEBODY TO EXPLAIN EXACTLY WHAT THIS IS. CERTAINLY THE PROJECT ON I-10 MAKES THE CITY ELIGIBLE FOR REIMBURSEMENT FOR THE UTILITY RELOCATIONS IN THE TEXAS RIGHT OF WAY FOR INTERSTATE TEN. THEN THIS AGREEMENT FORMALIZES THAT ABILITY TO APPLY FOR REIMBURSEMENT FOR THOSE COSTS. AND IT'S BEEN A LONG, HARD ROAD FOR OVER TWO YEARS TO GET TO THIS POINT. VERY THANKFUL TO THE STAFF THAT HAS WORKED ON THIS PROJECT DAILY SINCE ITS [00:55:04] INCEPTION. AND SO WE ARE VERY HAPPY TO BRING THIS BEFORE COUNCIL FOR CONSIDERATION, SEEING AS TO HOW IT'S ESTIMATED. REIMBURSEMENT VALUE IS CURRENTLY ESTIMATED AT OVER $24 MILLION. OKAY, MR. MAYOR. YES, COUNCILMAN CRENSHAW, THANK YOU. AND IN HONOR OF TEX DOT, I WORE MY ORANGE TIE TODAY. MOLLY, IS THIS GOING TO HELP WITH DRAINAGE AND FLOODING UNDERNEATH OUR INTERSTATE OVERPASSES? THAT THOSE EFFORTS ARE ALREADY BEING UNDERTAKEN BY TEX DOT. THEY ACTUALLY INCORPORATED DRAINAGE DISTRICT SIX'S DESIGN IN IN THAT WORK. AND THAT IS CURRENTLY UNDERWAY. SO THIS IS FOR RELOCATION OF WATER AND SANITARY SEWER. OKAY. SO ALL THIS HAS TO DO IS THE SEWER LINES. IT DOESN'T HAVE ANYTHING TO DO WITH DRAINAGE. THAT'S CORRECT. OKAY. WATER AND SEWER. YEAH. AND IT DOESN'T HAVE ANYTHING TO DO WITH THE LIGHTS UNDER THE UNDERPASSES AND WHY THOSE DON'T WORK ANYMORE. ALL OF A SUDDEN. THAT. NO, THE CONTRACTORS, THEY'VE DECIDED TO INSTALL TEMPORARY SIGNALS ON THE EAST SIDE OF I-10. CALDER, HARRISON, NORTH STREETS. SO THAT ELIMINATED THE ABILITY TO CONTROL THEM THROUGH ANY KIND OF ADAPTIVE SIGNALING OR THE USE OF THE CAMERAS. THEY'RE PRETTY WELL ON A ON A CYCLE. AND I'M LOOKING AT TERRY FOR CONFIRMATION. THE WEST SIDE CURRENTLY IS STILL OPERATING NORMALLY, BUT ONCE TEX-DOT MOVES OVER TO THE WEST SIDE, THE FEEDER ROAD, THEN THAT IS PROBABLY ALSO GOING TO BE AFFECTED AS WELL. THANK YOU. YOU'RE WELCOME. ANY OTHER DISCUSSION? ALL THOSE IN FAVOR OF APPROVING ITEM NUMBER SIX, PLEASE SIGNIFY BY SAYING I, I ANY OPPOSED? THE MOTION IS [7. Council consider a resolution authorizing the City Manager to award a contract to Vortex Services, LLC, of Houston, Texas for the Eastex Water and Wastewater Relocation projects of the TxDOT IH-10/Hwy 69 Eastex Interchanges Project.] CARRIED. MR. CITY MANAGER, MAY WE HAVE THE READING OF ITEM NUMBER SEVEN? COUNCIL, CONSIDER RESOLUTION AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT TO VORTEX SERVICES LLC OF HOUSTON, TEXAS, FOR THE EAST TEXAS WATER AND WASTEWATER RELOCATION PROJECTS OF THE TEX DOT INTERSTATE TEN, HIGHWAY 69, EAST TEX INTERCHANGES PROJECT, AND IT COMES WITH THE RECOMMENDATION OF APPROVAL OF THE RESOLUTION. IS THERE A MOTION FOR ITEM NUMBER SEVEN? TO APPROVE? SECOND, THERE IS A MOTION AND A SECOND FOR APPROVAL OF ITEM NUMBER SEVEN. IS THERE ANY DISCUSSION? 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 HAVE THE READING OF ITEM NUMBER EIGHT? COUNCIL TO [8. Council to consider an ordinance to impose civil penalties for interference with child custody orders.] CONSIDER AN ORDINANCE TO IMPOSE CIVIL PENALTIES FOR INTERFERENCE WITH CHILD CUSTODY ORDERS. AND THERE'S NO RECOMMENDATION. IS THERE A MOTION FOR ITEM NUMBER EIGHT TO APPROVE? SECOND, THERE IS A MOTION AND A SECOND FOR APPROVAL OF ITEM NUMBER EIGHT. IS THERE ANY DISCUSSION, COUNCILMAN TURNER, JUST A COMMENT. A LOT OF TIMES, OFTEN CITIZENS COME UP HERE AND THEY'RE CONSISTENT ABOUT THINGS, AND SOMETIMES THEY CAN FEEL THINGS ARE OVERLOOKED. THERE WAS A GENTLEMAN WHO SPOKE ON THIS TODAY. HE'S BEEN CONSISTENT FOR ALMOST TWO YEARS ON THIS PARTICULAR TOPIC. AND I JUST WANT TO THANK STAFF FOR ACTUALLY GOING AND WORK WITH OUR POLICE DEPARTMENT AS WELL AS STAFF TO KIND OF RESEARCH THIS. AND ACTUALLY MORE CITIZENS START TO REACH OUT AND REFERENCE TO THIS AND NEED SOME ASSISTANCE. SO FOR OUR STAFF AND POLICE DEPARTMENT TO BE ABLE TO KIND OF COORDINATE AND LISTEN TO THE CITIZENS AND AT LEAST LET THIS BE AN OPTION, I JUST WANT TO LET YOU GUYS KNOW I APPRECIATE IT. COUNCILMAN CRENSHAW, DID YOU HAVE SOMETHING I DO? ARE WE GOING TO HEAR FROM JUDGE LIVELY OR THE POLICE DEPARTMENT ON THIS ISSUE? AND IF WE'RE NOT GOING TO HEAR ON THEM TODAY, I WOULD ASK THAT MAYBE WE TABLE THIS AND PUT THIS ON A WORKSHOP SO THAT WE CAN HEAR FROM THE POLICE DEPARTMENT AND THE MUNICIPAL COURT REGARDING THIS ISSUE, BECAUSE I DO BELIEVE IT IS GOING TO SIGNIFICANTLY INCREASE THEIR CASELOAD. YEAH, WE HAD PLANNED TO HEAR FROM TODAY, IF THE COUNCIL SO PLEASES. YES, I WOULD VERY MUCH LIKE TO HEAR FROM JUDGE LIVELY AND THE POLICE DEPARTMENT TO. ALL RIGHT, JUDGE LIVELY. NO, JUDGE. THIS IS THE ONLY TIME I GET TO TELL YOU. NO. I STARTED. WHY DON'T WE TALK ABOUT THIS? [01:00:04] WE'LL GIVE YOU A SEQUENTIAL PICTURE OF HOW THESE ISSUES ARE DEALT WITH. BECAUSE THE FIRST INTERACTION IS GOING TO BE WITH THE POLICE DEPARTMENT. WHEN IT COMES TO THE CHILD CUSTODY DISPUTES AND INTERFERENCE WITH CHILD CUSTODY. THE POLICE DEPARTMENT IS THE FIRST INTERACTION. AND THEN ONCE THAT HAPPENS, THEN IT GETS TO US. AND DOES THAT MAKE SENSE, CHIEF? YES, SIR. SO IF YOU DON'T MIND, YOU LEAD OFF AND THEN I WILL DANCE NEXT. SO, MAYOR AND COUNCIL AFTERNOON WE HAVE ADDRESSED THIS A NUMBER OF TIMES AND YOU KNOW THE FAMILY CODE SECTION ONE 5755 ONE ACTUALLY, THE PREVIOUS LEGISLATURE PUT THIS OPPORTUNITY FOR A CIVIL PENALTY FOR WHAT IS NORMALLY A CRIMINAL CHARGE. SO WE ARE TALKING ABOUT SOMETHING THAT THE POLICE DEPARTMENT DEALS WITH IS CRIMINAL CHARGES, NOT CIVIL. IN THIS CASE, A CIVIL PENALTY IS BROUGHT FOR A CRIMINAL CHARGE, WHICH IS VERY UNUSUAL. THROUGH THIS POTENTIAL ORDINANCE. SO THE PENAL CODE GIVES INTERFERENCE WITH CHILD CUSTODY OPPORTUNITY. AND THE FAMILY COURT JUDGES HAVE WORKED WITH THE DA'S OFFICE. AND THIS IS OVER PROBABLY MORE THAN 25 YEARS. AND GIVEN DIRECTION ON HOW THE FAMILY COURT JUDGES WANT THIS ENACTED. SO THE POLICE GET AN INITIAL CALL SOMETIMES WE'VE HAD PROBABLY 340 CALLS OVER THE LAST TWO YEARS, AND THOSE ARE NORMALLY GIVEN AN EVENT NUMBER BECAUSE THE PARENT MAY WANT A RECORD THAT THEY DID TALK TO, TO POLICE. AND THIS PROCESS IS AT THE DIRECTION OF THE FAMILY COURT JUDGES WITH THE DA'S OFFICE. AND THROUGH THAT IN CHIEF PLUNKETT'S HERE AS WELL. HE'S BEEN DEALING WITH THIS BOTH FROM A INVESTIGATORY STANDPOINT MANY YEARS AGO AND MORE RECENTLY FROM AN EXECUTIVE LEADERSHIP ROLE AND WORKING WITH THE DA'S OFFICE. AND THE CRIMINAL INVESTIGATION DIVISION IS UNDER HIM AS WELL. SO THERE'S SOME DIRECT KNOWLEDGE OF HOW THIS HAS BEEN DONE FOR MANY YEARS AT THE DIRECTION OF THE FAMILY COURT JUDGES. SO THIS WAS THIS PROCESS WAS RECENTLY REAFFIRMED. IT'S A FELONY CHARGE. IT'S A STATE JAIL FELONY CHARGE. AND A LOT OF TIMES WHEN THE OFFICER IS APPROACHED, WE HAVE NO WAY TO PROVE THAT THE ORDER THAT THEY SHOW US IS THE MOST RECENT ORDER. SO, YOU KNOW, QUITE OFTEN THE PARENT WILL GIVE WHATEVER IS, YOU KNOW, MORE CONDUCIVE TO THEIR ARGUMENT. AND ADDITIONALLY, WE'RE NOT ATTORNEYS. SO IT'S THE DIRECTION FROM BOTH THE DA'S OFFICE AND THE FAMILY COURT JUDGES THAT, YOU KNOW, THE ATTORNEYS WILL BE THE ONE TO BRING THE CASE IF THE COURT FINDS THAT THERE IS INTERFERENCE, THEN THEY WILL SUBMIT THE INFORMATION TO THE DA'S OFFICE FOR A CASE OF INTERFERENCE OF FELONY CASE TO BE PROSECUTED, AND THEN IT WILL GO TO TRIAL. SO THAT'S BEEN IN PLACE FOR MANY YEARS. WHAT OFFICERS CAN DO IF THE ORDINANCE WAS PUT IN PLACE WITH A CIVIL PENALTY IS STRICTLY THE ABILITY TO DO WHAT WE'VE BEEN DOING, WHICH IS GIVE THEM AN EVENT NUMBER AND THEY STILL HAVE TO GET AN ATTORNEY. THEY STILL HAVE TO TALK TO THE MUNICIPAL COURT TO FILE THIS ORDINANCE CASE. IT WOULD NOT BE A POLICE MATTER. IT WOULD BE A CIVIL MATTER BECAUSE IT'S A CIVIL PENALTY. AND THEN THE CASE WOULD BE POTENTIALLY SENT OVER TO MUNICIPAL COURT, WHERE THE ELIGIBILITY OF A MUNICIPAL COURT TO DEAL WITH A FELONY TRIAL IS. THAT'S, I BELIEVE, WHAT THE JUDGE IS HERE TO DISCUSS WITH YOU ALL TODAY. AND I GUESS. DID I SET THE STAGE OKAY. YOU DID WONDERFUL. OKAY. I ASKED THE CHIEF. YES, CHIEF. DID YOU SAY 340 CALLS FOR SERVICE? THAT WAS LAST YEAR ON. OVER THE PAST TWO YEARS, WE'VE HAD 340 CALLS OF THIS NATURE. OKAY. AND DO YOU JUST KNOW A BALLPARK? HOW MANY OF THOSE WERE REFERRED TO THE DA? I. DON'T I'M NOT SURE. LET ME SEE IF THAT'S NOTED. I'M NOT SURE. I DON'T KNOW IF CHIEF PLUNKETT MAY HAVE INFORMATION, BUT WE KNOW FOR SURE THEY WERE REFERRED TO THE DA. SOME OF THEM WERE AT LEAST. WELL, WE KNOW THEY WERE REFERRED TO FAMILY COURT JUDGE. I'M NOT SURE THAT [01:05:03] WE KNOW THEY'VE ALL BEEN REFERRED TO THE JUDGE. ACCORDING TO, I THINK, THE STATS, THERE'S BEEN NO CONVICTIONS IN MANY YEARS ON THAT. SO I PULLED OUR JUST OUR POLICE DEPARTMENT NUMBERS THIS MORNING. I JUST GOT THE NUMBERS. I DON'T KNOW HOW MANY OF THE 340 WERE REFERRED. PROBABLY NO MORE THAN A HANDFUL BECAUSE OF THE WAY THE SYSTEM IS SET UP OUR DIRECTION. AND AGAIN, THIS IS NOT THIS IS NOT A POLICE DEPARTMENT DECISION. THIS IS SOMETHING THAT WE'VE COME UP WITH AT THE DIRECTION OF, AGAIN, FAMILY COURT AND THE DISTRICT ATTORNEY'S OFFICE. SO I BELIEVE THE IDEA HAS ALWAYS BEEN THAT THE FAMILY COURT JUDGES WANT ALL CIVIL REMEDIES EXHAUSTED, AND THEIR PREFERENCE HAS ALWAYS BEEN WHEN THEY HAVE AN ISSUE, THEY MAKE THOSE REFERRALS TO THE DA'S OFFICE. SO OUR JOB OR OUR PROCESS HAS BEEN WHEN WE GET THESE KIND OF CALLS, WE ADVISE COMPLAINANTS. WE GIVE THEM AN EVENT NUMBER AND HAVE THEM CONTACT EITHER THEIR ATTORNEY OR THE FAMILY COURT THAT ISSUED THE ORDER DIRECTLY, SO THAT THAT FAMILY COURT IS THEN AWARE OF THE ISSUES. AND AGAIN, THAT'S AT THE PREFERENCE OF THOSE JUDGES AND THE DISTRICT ATTORNEY'S OFFICE. AND THAT DOES MAKE SENSE, BECAUSE WHEN I SERVED AS DISTRICT ATTORNEY FOR THIS COUNTY IN 2014, I DO RECALL SPECIFICALLY GETTING REFERRALS DIRECTLY FROM THE FAMILY COURTS. YES, SIR. SO, YOU KNOW, WE WOULD WE WOULD. THERE ARE SOME INSTANCES WHERE WE WILL TAKE A REPORT, DEPENDING ON THE CIRCUMSTANCES. A LOT OF THESE CASES ARE PARENTS ARE LATE PICK UP OR DROP OFF OR, YOU KNOW, WEDNESDAY DIDN'T WORK OUT OR WE TRADED WEDNESDAY FOR, YOU KNOW, NEXT HOLIDAY. SO WHEN SOMEONE PHYSICALLY IS GONE WITH THE CHILD THAT'S A LITTLE BIT MORE IMPORTANT. IT MAY EVEN COVER ANOTHER CRIMINAL STATUTE. SO THOSE REPORTS THEN ARE TAKEN. SO THE MORE SERIOUS ONES, ESPECIALLY IF ANOTHER CRIMINAL OFFENSE POTENTIALLY IS INVOLVED, THE OFFICERS WILL TAKE THAT REPORT WHEN WE DO THE REPORT FOR JUST OR WHEN WE GET GET A REPORT OF, YOU KNOW, STRICTLY INTERFERENCE WITH FOR VIOLATING ONE SECTION OF AN ORDER OR WHATEVER, IF THAT IS FILED WITH THE WITH THE DETECTIVE DIVISION, THEN A LETTER GOES OUT TO THE COMPLAINANT AND IT BASICALLY SAYS WHAT I JUST SAID EARLIER, THAT YOU HAVE TO EXHAUST ALL CIVIL REMEDIES FIRST. ANY REFERRALS TO THE DA'S OFFICE FOR PROSECUTION WILL COME FROM THE FAMILY COURT. OKAY. WHAT IS THE RECOMMENDATION OF THE POLICE DEPARTMENT REGARDING THIS COUNCIL'S DECISION? I BELIEVE THAT IT THE PROCESS WORKS AS IT IS NOW. SO YOU'RE YOU'RE THE RECOMMENDATION OF THE DEPARTMENT IS NOT FOR US TO ADOPT THIS ORDINANCE. CORRECT. THANK YOU. I THINK JUST A QUESTION BEFORE WE EVEN MOVE ON. YEAH. ALL RIGHT. COUNCIL MEMBER SHERWOOD AND COUNCIL MEMBER TURNER. THIS ENACTED THIS ORDINANCE WOULD NOT, IN FACT, CHANGE YOUR WORKLOAD IN ANY CAPACITY BECAUSE YOU'RE STILL JUST ISSUING EVENT NUMBERS. AND THAT'S GOING TO, IN TURN, GO TO MUNICIPAL COURT OR TO THE DA'S OFFICE OR TO AN INVESTIGATOR. IT THIS DOES NOT INCREASE WORKLOADS OR PERHAPS INCREASE CALL VOLUME. IT'S MAYBE GOING TO JUST CHANGE THE NATURE OF THE CASE NUMBER IF YOU CAN HELP ME. WELL THE CASELOAD I THINK THAT'S WHAT THE JUDGE IS TALKING ABOUT. I MEAN, AS FAR AS YOU GUYS SAYING YOU DON'T WANT IT'S A CIVIL IT'S A CIVIL PENALTY. SO WE'RE LIMITED IN WHAT WE CAN DO. WE CAN ONLY REFER THEM TO THE MUNICIPAL COURT. WE CAN'T. SO WE'RE STILL GOING TO GO OUT. WE'RE STILL GOING TO TALK TO THEM. WE'RE STILL GOING TO ISSUE AN EVENT NUMBER AND TAKE A REPORT IF ONE'S APPROPRIATE. CORRECT. BUT MY QUESTION IS THIS IS NOT CHANGING YOUR WORKLOAD IN ANY CAPACITY. THAT'S CORRECT. SO THE ONLY THING THIS WOULD ADD FOR THE POLICE DEPARTMENT WOULD BE TO ADVISE THEM THAT THEY WOULD NEED TO CONTACT MUNICIPAL COURT 9.9 TIMES OUT OF TEN, BOTH PARTIES AREN'T PRESENT ANYWAY, SO THERE WOULDN'T BE ANYONE TO. EVEN IF WE COULD ISSUE A CITATION, THERE WOULDN'T BE ANYONE TO ISSUE IT TO. MOST OF THE TIME, WE WOULDN'T EVEN ISSUE A CITATION IN THIS CIRCUMSTANCE. IF THIS WERE PASSED, ALL WE COULD DO WOULD BE TO REFER THEM. HOWEVER. HOWEVER, IT COULD INCREASE THE VOLUME OF CALLS THAT WE GET, THEREBY HAVING US SEND MORE PEOPLE OUT SO THAT 340 MIGHT GO TO 700 OVER THE NEXT TWO YEARS. THAT'S WHAT I'M TRYING TO FIGURE OUT. REAL ISSUE, THOUGH, IS, IS THE WORK AND THE BURDEN THAT IT'S GOING TO PLACE ON THE COURT. AND IF I MAY, OR IN ADDITION TO MR. MAYOR. YEAH. I WAS JUST WONDERING IF YOU THOUGHT THAT THIS WOULD INCREASE THE ACTUAL CALL VOLUME OR THE ACTUAL WORKLOAD. IT COULD, IN FACT, OR [01:10:04] IT COULD NOT. I MEAN, IT WON'T REALLY INCREASE OUR PROCESS, BUT IT COULD INCREASE THE VOLUME OF CALLS, IF THAT MAKES SENSE. TRUE. OKAY. THANK YOU. ONE OF MY BIGGEST CONCERNS IS WHEN THIS FIRST INITIALLY STARTED. ONE OF THE MAIN THINGS THAT WERE BROUGHT FORWARD IS WE KNOW IT'S RECOMMENDED TO BRING IT TO COURT, BUT WE HAVE A LOT OF PARENTS IN A POSITION WHERE THEY MAY NOT BE ABLE TO AFFORD THAT ATTORNEY TO GO THROUGH THAT PROCESS. SO THAT WAS ONE OF THE INITIAL CONCERNS WHEN THIS KIND OF CAME ABOUT. I THINK IT WAS ROUGHLY 2 TO 3 YEARS AGO. YOU KNOW, A LOT OF THESE PARENTS ARE IN A POSITION WHERE THEY CAN'T AFFORD TO GO THAT ROUTE THROUGH THE ATTORNEY. THEY WERE JUST LOOKING FOR MORE ALTERNATIVE THINGS TO KIND OF MAKE THIS TRANSITION A LITTLE BIT MORE SMOOTHER. I DON'T KNOW IF WE KIND OF CAN SPEAK TO THAT. WHAT ARE SOME OF THE INSTANCES THAT WE CAN DO TO WORK WITH? BECAUSE THAT WAS ONE OF THE MAIN REASONS SOME PEOPLE CONSISTENTLY WERE WITH THIS. THAT'S MORE OF A COURT ISSUE, I THINK, THAN. THAT'S MORE OF A COURT ISSUE THAN A POLICE ISSUE. I THINK WHAT THE CHIEF AND THE CHIEF SPOKE TO WAS THE POLICE ISSUE, AND THAT WITH A CIVIL PENALTY OUT THERE, YOU PROBABLY GOING TO SEE MORE CALLS OF THE HE'S LATE BRINGING THE CHILD BACK. SHE DIDN'T TAKE HER WEDNESDAY WHEN SHE WAS SUPPOSED TO. AND I ALREADY HAD PLANS WITH MY SPOUSE TO TAKE A TRIP. NOW I CAN'T TAKE MY TRIP THAT'S PREPAID BECAUSE THAT LONG WEEKEND IS NOW TAKEN, SO YOU'RE GOING TO SEE MORE OF THOSE. BUT WHAT THIS LAW, THIS THE ORDINANCE THAT'S PROPOSED IS NOT DESIGNED TO HANDLE THAT, BECAUSE WHAT YOU'RE TALKING ABOUT IS TRYING A FULL FLEDGED STATE JAIL FELONY CASE, WHICH AT THE END IMPOSES A CIVIL PENALTY OF UP TO $500. THAT'S THE WHOLE THING. THE ENABLING STATUTE, WHICH IS 157 551 IN THE FAMILY CODE, THE ENABLING STATUTE IS VERY SPECIFIC. IT DOES ONE THING. IT ENABLES A CIVIL PENALTY TO PUNISH THOSE WHO'VE ENGAGED IN ACTIVITY THAT'S SET FORTH IN 25.03 OF THE PENAL CODE, AND THE PENAL CODE SETS FORTH SERIOUS VIOLATIONS OF INTERFERENCE WITH CHILD CUSTODY, WHICH IS WHY YOU DON'T SEE A LARGE PROSECUTION OF THE CHILD CUSTODY CASES, BECAUSE THE CASES YOU'RE TALKING ABOUT IN 2503 ARE THOSE THAT ARE TAKING CHILDREN FOR DAYS AT A TIME. AND THERE'S, IN FACT, A DEFENSE IN THERE OR SOMETHING YOU HAVE TO LOOK AT IN 2000 503. IS THIS A KIDNAPING CASE? SHOULD WE MOVE IT OUT AND TRY IT AS A KIDNAPING CASE, WHICH IS SEPARATE FROM THE INTERFERENCE WITH CHILD CUSTODY, WHICH IS ALSO SOMETHING WE WOULD HAVE TO LOOK AT TRYING THIS CASE AS A CLASS C MISDEMEANOR. ALL OF THE OFFENSES AND ALL OF THE OTHER STATUTES. THAT INTERPLAY WAS THE CHILD BEING REMOVED. TAKE IT FROM A FAMILY VIOLENCE SITUATION. WHEN WE BEGIN THE CASE, WE HAVE TO GET THE CURRENT CHILD CUSTODY ORDERS. AND KEEP IN MIND, THIS IS NOT JUST FROM JEFFERSON COUNTY COURT. CHILD CUSTODY ORDERS ARE GOING TO COME FROM ALL OVER THE COUNTRY. SO WE HAVE TO START AND THERE'S NO FUNDING FOR THIS, BUT WE WILL HAVE TO BE GATHERING CHILD CUSTODY ORDERS FROM WHEREVER THAT IS. SO THE PROSECUTOR IS GOING TO HAVE TO DO SOME FACT FINDING TO EVEN FIND OUT WHERE THE CHILD CUSTODY IS, TO GET THE CHILD CUSTODY ORDERS, MAKE SURE WE HAVE THE MOST CURRENT CHILD CUSTODY ORDER, WHICH MEANS GETTING WITH THOSE COURTS TO GET THE RIGHT ORDERS. AFTER WE FIGURE OUT WHO HAS THE CHILD CUSTODY JURISDICTION, TO EVEN FIND OUT HOW WE START TO FIGURE OUT WHAT THE CHILD CUSTODY IS. THIS IS NOT JUST SIT DOWN, COME IN FOR FIVE MINUTES, HAVE YOUR LITTLE BENCH TRIAL AND GO. THIS IS TRYING A STATE JAIL FELONY CASE FROM START TO FINISH, WITH THE FINAL RESULT BEING A CIVIL PENALTY OF A FINE $500. NOW, THE NEXT THING TO LOOK AT IS THE ORDINANCES PROPOSED. CREATES A CLASS C MISDEMEANOR, WHICH IS A CRIMINAL CHARGE. THERE IS NOTHING IN THE ENABLING STATUTE IN THE FAMILY CODE THAT SAYS YOU CAN CREATE A MISDEMEANOR. THAT'S A NONSTARTER TO BEGIN WITH, BECAUSE A CLASS C MISDEMEANOR PUNISHMENT IS A FINE, WHICH IS A CRIMINAL PENALTY. SO WHAT'S BEING SET UP AND CONSIDERED TODAY IS A CRIMINAL PENALTY WHEN THE ONLY THING ALLOWED BY THAT ENABLING STATUTE IS A CIVIL PENALTY. SO WHAT'S PROPOSED TODAY CAN'T FLY. WHY WOULD IT BE [01:15:04] PROPOSED? IT CREATES A CRIMINAL PENALTY. I WOULD JUST WANT TO SUGGEST THAT WE TABLE THIS AND GET WITH HTML OR SOME OTHER CITIES IN TEXAS, AND FIND OUT IF ANY CITY IS BEING EFFECTIVE, BECAUSE WHAT I'VE ALSO HEARD THROUGHOUT THIS IS, YOU KNOW, IT'S VERY COMPLEX AND GOING TO YOUR FAMILY LAW ATTORNEY GETS EXPENSIVE. AND I'D BE CURIOUS IF IN THE LAST FIVE YEARS, HOW MANY PROSECUTIONS HAVE EVEN OCCURRED RELATED TO THIS, AND IF THERE IS A SOLUTION AND THERE MAY NOT BE, BUT AT LEAST EXPLORE IT IN TERMS OF RATHER THAN RE, WE'RE CERTAINLY I'M HEARING ENOUGH THAT THERE'S REAL CONCERN, BUT I WOULD LIKE TO MAKE SURE THAT WE'VE FLUSHED OUT EVERYTHING AND HAPPY TO TABLE IT. BUT I ACTUALLY SERVE ON THE TEXAS CITY ATTORNEY'S ASSOCIATION BOARD. SO WE WORK VERY CLOSELY WITH HTML. AND WE HAVE DISCUSSED THIS JUST BECAUSE IT WAS COMING UP WITH OUR COUNSEL. THIS ISN'T SOMETHING THAT MOST CITIES ARE CHOOSING TO INTERACT FOR VARIOUS REASONS. ONE, THE STRAIN AND THE RESOURCES THAT IT PLACES ON MUNICIPAL COURTS. MOST MUNICIPAL COURT JUDGES AREN'T IN FAVOR OF IT. MOST MUNICIPAL COURTS ARE COURTS OF RECORD. SO THAT CREATES A ISSUE AS WELL. THE PROCESS TO APPEAL A MUNICIPAL COURT PROSECUTION IS TO APPEAL IT TO DISTRICT COURT BY POSTING BOND. AND I'M SURE THE JUDGE CAN TELL YOU ALL OF THAT. SO IT IT DOES CREATE A SITUATION, BUT IT DOESN'T. THERE'S NO PATH TO FAMILY COURT FROM MUNICIPAL COURT. SO THAT ALSO CREATES A JUDICIAL LAG. AS COUNCILMAN CRENSHAW WAS ALLUDING TO AS WELL. THE OTHER PART OF THAT IS JUST THERE'S A LOT OF OTHER ISSUES THAT KIND OF COME UP TO PLAY THAT THIS REALLY DOESN'T ADDRESS. FOR EXAMPLE, IN SOME CUSTODY DISPUTES, THERE IS A SITUATION WHERE THERE'S A RESTRAINING ORDER THAT DOESN'T NECESSARILY COMPEL THAT WE WOULDN'T HAVE, THAT IT WOULD ESSENTIALLY FORCE EITHER PARENT, WHOEVER HAS THE RESTRAINING ORDER, TO SHOW UP AND DEAL WITH THE OPPOSING PARENT, WHICH THEY'RE CHOOSING NOT TO. SO IT DOES PLACE OUR OUR ADMINISTRATION, BOTH OUR COURT AND OTHER PEOPLE IN THOSE TYPE OF POSITIONS. SO IT'S NOT SOMETHING THAT MOST CITIES ARE ARE JUMPING ON, BUT HAPPY TO KIND OF ROUNDTABLE IT WITH OUR GUYS AT HTML. OKAY, COUNCILMAN CRENSHAW, AND I'M IN FAVOR OF TABLING THIS AS WELL. BUT THE OTHER POINT THAT I WANTED TO MAKE TO ECHO COUNCILMAN SHERWOOD'S QUESTIONS ABOUT THE ADDITIONAL WORKLOAD THIS WOULD PLACE ON OUR OFFICERS. IF WE DON'T THINK THAT THIS ISN'T GOING TO REQUIRE OFFICERS TO HAVE TO COME TO COURT TO TESTIFY, YOU GOT ANOTHER THING COMING? ABSOLUTELY. OUR OFFICERS ARE GOING TO HAVE THAT WENT OUT AND TOOK THESE INCIDENT CALLS ARE GOING TO BE CALLED TO COURT ON MUNICIPAL CASES TO TESTIFY, AND THEY HAVE TO BE PAID. CORRECT ME IF I'M WRONG. WHEN OUR OFFICERS ARE PAID TO GO TO COURT, ISN'T IT MORE THAN JUST NORMAL PAY? ISN'T IT OVERTIME NORMALLY. YEAH. AND SO MINIMUM OF TWO HOURS. MINIMUM TWO HOURS OKAY. EVEN IF IT'S A HEARING THAT GETS RESET IT'S A MINIMUM OF TWO HOURS. IT'S VERY EXPENSIVE. THIS ABSOLUTELY WILL BE A SIGNIFICANT INCREASE IN THE WORKLOAD FOR NOT ONLY OUR COURTS BUT BUT FOR OUR POLICE OFFICERS. AND RIGHT NOW, WITH SOME OF THE CHANGES THAT WE'VE MADE LATELY, WE'RE TRYING TO MOVE IN JUST THE OPPOSITE DIRECTION. WE'RE TRYING TO MOVE SOME OF THESE LESS URGENT CALLS TO OTHER WAYS TO GET THEM RESOLVED. AND I THINK THAT THIS IS MOVING IN THE WRONG DIRECTION. AND, MR. MAYOR, I AGREE WITH YOUR SENTIMENTS AND ASK THAT WE TABLE THIS ITEM. ALL RIGHT. COUNCILMAN DARIO, I UNDERSTAND THE WORKLOAD OF THE POLICE AND THE JUDGE AND THE MUNICIPAL COURT, BUT I HAVEN'T HEARD ONE PERSON SAY, IS THERE ANY BENEFIT TO THE ACTUAL FAMILIES THAT ARE INVOLVED WITH THE PASSING OF THIS ORDINANCE? DO THEY BENEFIT FROM IT? WHEN WE DURING THE LEGISLATIVE SESSION, WE DO AT TIMES OF LEGISLATIVE UPDATES WITH OUR HTML REPS. AND THIS IS ONE OF THE BILLS THAT THEY THAT THEY MENTIONED. AND THERE WAS SOME CONVERSATION ABOUT HOW IT COULD COULD HAVE SOME BENEFITS BECAUSE IT ALLOWS THEM TO KIND OF GO DIRECTLY, GET INTO COURT QUICKER, BUT IT DOESN'T NECESSARILY ADDRESS THE ISSUE. SO THERE'S A MUNICIPAL COURT JUDGE CAN'T COMPEL A PARENT TO PRODUCE A CHILD AND FAMILY COURT THAT THEY CAN KIND OF SAY, YOU KNOW, LIKE, I'M GOING TO ORDER YOU TO DO SOMETHING IN CONJUNCTION WITH THIS ORDER BECAUSE THEY HAVE CONTROL OVER THAT, THAT PARENTAL ORDER. THAT'S NOT SOMETHING THAT JUDGE LIVELY HAS AUTHORITY TO DO. SO THE MOST HE CAN DO IS ISSUE A FINE. AND SO ESSENTIALLY WHAT WILL HAPPEN IS THE NEGATIVE POINT TO THAT IS THAT, YES, THAT PARENT KIND OF HAD THEIR DAY IN COURT. BUT WAS THE ISSUE ACTUALLY RESOLVED. AND THE QUESTION IS NO. SO NOW YOU HAVE A SITUATION WHERE YOU EITHER HAVE A FATHER WHO'S NOT ALLOWING THEIR CHILD TO GO VISIT THEIR, YOU KNOW, ABUSIVE MOTHER, OR A MOTHER WHO'S NOT ALLOWING THEIR FATHER, THEIR CHILD TO GO VISIT THE FATHER THAT POTENTIALLY COULD TAKE THEM OUT OF THE COUNTRY AND NEVER SEE THEM AGAIN, TO SHOW, SHOW UP TO COURT AND PAY A $500 FINE EVERY TIME. [01:20:01] AND SO EITHER PARENT COULD SAY THAT THEY CAN'T REALLY AFFORD TO FIGHT IT IN COURT. EITHER PARENT CAN KIND OF MAKE THE ARGUMENT THAT THIS IS THAT THIS IS BAD, BUT THERE'S SOME SOME GOOD AND BAD ON BOTH SIDES FOR THAT, THE POSITIVE BEING THAT THEY KIND OF DO GET TO GET IN COURT SOONER, THE NEGATIVE BEING THAT IT DOESN'T REALLY ADDRESS THE UNDERLYING ISSUES. SO WHAT I'M HEARING IS HOUSE BILL 969, THE TEXAS LEGISLATURE LEGISLATURE PASSED SOMETHING THAT'S UNENFORCEABLE. SO IT'S NOT THAT IT'S NOT ENFORCEABLE. I THINK IT'S LIKE, OBVIOUSLY THE JUDGE HAS THE ABILITY TO SAY YOU DIDN'T PRODUCE THE CHILD, SO I'M GOING TO FIND YOU $500 OR YOU DIDN'T SHOW UP TO COURT. SO I'M GOING TO ISSUE A FAIL TO APPEAR. THE JUDGE HAS THAT AUTHORITY TO DO THAT UNDER THIS HOUSE BILL. BUT THE, THE LONG STANDING THING IS THAT THE ISSUE IS THAT YOU HAVE A PARENT NOT ABIDING BY A COURT ORDER. WE DON'T HAVE JURISDICTION OVER THAT COURT ORDER. SO WE CAN'T ADDRESS THE UNDERLYING ISSUE, WHICH IS SOMEONE'S DISOBEYING A COURT ORDER. AND COUNCIL MEMBER SHERWOOD, WE'LL GET TO YOU, JUDGE, I PROMISE BEFORE BEFORE SHE GOES LIKE THIS WAS ONE OF THE BILLS THAT WAS ADDRESSED JUST BECAUSE IT HAD A LOT OF ISSUES WITH IT AND IT WAS KIND OF DISCUSSED. IT WAS KIND OF ONE OF THE ONES THAT THEY DIDN'T THINK WOULD NECESSARILY PASS JUST BECAUSE OF THE CONFLICT THAT THEY BELIEVE THAT IT CREATED BETWEEN THE COURTS. BUT HERE WE ARE. COUNCILWOMAN SHERWOOD, AS A CUSTODIAL PARENT MYSELF, I'VE DEALT WITH SOME OF THESE ISSUES. AND SO I GET THE REASON THAT THIS HAS COME TO US AND THE REASON THAT THIS BILL PASSED. HOWEVER, I'M NOT INCLINED TO BELIEVE THAT THE RISK OUTWEIGHS THE REWARD. AND I'D REALLY LIKE TO MAKE A MOTION TO DENY. I DON'T KNOW IF WE'RE GOING TO TABLE IT, BUT I'D LIKE TO MAKE A MOTION TO DENY THIS FOR APPROVAL OR DENIAL OR WHATEVER YOU'RE GOING TO CALL IT. JUDGE. I KEEP GOING BACK TO WHAT THE FAMILY CODE ENABLES, WHICH IS NOT A FINE. IT'S A CIVIL PENALTY ON A FINE. IF YOU DON'T PAY A FINE, I CAN ISSUE A WARRANT ON A CIVIL PENALTY. I HAVE NO TEETH TO ENFORCE IT WHATSOEVER. AND THEN YOU ALSO HAVE TO CONSIDER WE'VE TRIED A FULL FELONY CASE. DOES THAT CREATE A DOUBLE JEOPARDY ISSUE ON A FELONY THAT COMES FORWARD? I DON'T KNOW THE ANSWER TO THAT, AND I WOULD HATE TO FIND OUT THE ANSWER ON A MAJOR CASE WHERE WE TRIED A CIVIL PENALTY CASE, ONLY TO FIND OUT THAT THEY DID THAT IN OUR COURT TO AVOID LIABILITY IN A BIGGER COURT, KNOWING IT WAS COMING BECAUSE WE DON'T HAVE ACCESS TO THAT INFORMATION. WE DON'T KNOW WHAT THE OTHER HAND IS DOING INTO JUDGE LIVELY'S POINT. THIS IS ONE OF THE ISSUES THAT CAME UP IN OUR LEGISLATIVE UPDATE, PRIMARILY THAT CONFLICT, BUT ALSO THE FACT THAT MOST MUNICIPAL COURTS ARE COURTS OF RECORD. SO THERE'S NO RECORD THAT IT EVEN OCCURRED OTHER THAN THE PEOPLE WHO WERE PRESENT. YES. WELL, AGAIN, I WANT TO GET BACK THAT. I SUGGEST THAT WE TABLE THIS. I UNDERSTAND WHAT COUNCIL WOMAN SHERWOOD IS SAYING, BUT WE'RE ALSO DON'T HAVE TWO OF OUR COUNSEL HERE. AND THIS IS CLEARLY GETTING YOU KNOW, THERE'S A LOT OF QUESTIONS AND THERE'S A REAL CONFLICT. YES. SO THERE'S A MOTION ON THE FLOOR. THERE'S A MOTION ON THE FLOOR. OKAY. WELL, THE MAYOR DID MAKE A MOTION. HE MADE A SUGGESTION AND NO ONE SECONDED EITHER MOTION. SO IS THERE A THE MAYOR AND THEN COUNCIL CAME BEHIND HIM AND SECOND, HIS DID YOU SECOND IT DID YOU SAY YOU SUPPORT A MOTION TO TABLE BECAUSE I DIDN'T HEAR. WELL HE SAID SECOND TO TABLE IT AND I HAVE IT WRITTEN DOWN. SO SORRY, I GUESS I MISSED THAT. YEAH. NOW I'M TORN BETWEEN TABLING IT AND DENYING IT, BUT I THINK TO IF IT'S THE MAYOR'S WISHES TO TABLE IT, I'LL SECOND THAT. SO I HAVE A QUESTION TO FOLLOW UP WITH THE TABLE AND FOR CLEAR DIRECTION, BECAUSE CLEARLY THIS CAME BACK WITH I'M LOOKING AT IT. NO RECOMMENDATION. I NEVER MAKE RECOMMENDATIONS ON MY MOTION. SO I UNDERSTAND. BUT IT IS HERE AND IT WAS PREPARED BY YOU. AND I GET IT'S NO RECOMMENDATION. AND WE'RE KIND OF AT A POINT WHERE WHAT I'M LOOKING FOR IS A SOLUTION TO WHAT SOME OF THE CITIZENS HAVE BROUGHT TO US, NOT NOT JUST SOMETHING WHERE WE'RE KIND OF STUCK IN THE MIDDLE. I WANT SOME FORM OF A SOLUTION. SO TO THAT POINT, BECAUSE I KNOW YOU'RE POINTING OUT THAT THE RECOMMENDATION GENERALLY ON MY MEMOS TO COUNCIL, I DON'T MAKE A RECOMMENDATION IF IT'S NOT SOMETHING I'M PUTTING FORTH. THIS IS AN ITEM THAT THE MAYOR ASKED TO BRING FORTH TO THE COUNCIL. SO MY OFFICE DIDN'T MAKE A RECOMMENDATION ON IT BECAUSE IT WASN'T AN ITEM THAT I WAS PUTTING FORTH. HAD IT BEEN AN ITEM I WAS PUTTING FORTH, I WOULD HAVE MADE A RECOMMENDATION EITHER WAY. SO THAT'S THAT'S POINT ONE. POINT TWO IS THE MAYOR ASKED FOR TO TABLE SO WE CAN HAVE A FULL QUORUM OF A FULL COUNCIL PRESENT TO REVIEW IT, AND ALSO TO GET FEEDBACK FROM HTML. I'M NOT REALLY SURE WHAT YOU'RE LOOKING OR TO SEE IF OTHER CITIES HAVE DONE IT. I'M NOT REALLY SURE WHAT THE COUNCIL [01:25:02] WANTS TO HEAR. HTML IS NOT GOING TO PROVIDE A WRITTEN OPINION EITHER WAY. GENERALLY THEY'RE GOING TO SAY GO WITH THE ADVICE OF COUNCIL AND THEY'RE GOING TO GIVE SEVERAL REASONS HERE FOR I CAN TELL YOU THAT DURING OUR LEGISLATIVE UPDATE, IT WAS NOT A FAVORABLE BILL THAT WAS RECOMMENDED FOR SEVERAL REASONS. SO IF YOU WANT ME TO ASK OTHER CITIES. WHAT HOW THEY'RE PURSUING IT, I CAN DO THAT. I CAN REACH OUT AND PULL SOME OTHER CITY ATTORNEYS TO SEE WHAT THEY'RE DOING WITH THAT. BUT. OTHER CITIES IN OUR CITIES DON'T NECESSARILY FUNCTION THE SAME. AND YOU HAVE YOUR YOUR JUDGE AND YOUR POLICE CHIEF PROVIDING VERY, VERY SOUND INFORMATION. SO IF THERE'S IF THERE'S A NEED FOR US TO COME BACK FOR MORE STATISTICAL DATA, IT'S JUST MORE THINGS YOU CAN KIND OF LIKE DIRECT ME OR, OR THE GENTLEMAN ON THE DIRECTION THAT YOU WANT TO GO, BUT MY STANCE ON IT ISN'T GOING TO CHANGE. I CAN ONLY DIRECT YOU. MAYBE JUDGE, I'M JUST LOOKING FOR SOME FORM OF A SOLUTION TO LIKE WHAT? SOME OF THE CITIZENS HAVE CAME TO THE DAIS AND EMAILED ADDRESSED TO SOME OF THEIR CONCERNS AND COMPLAINTS. SO I'M JUST LOOKING TO SEE WHAT WE CAN LAND AT SOME FORM OF A SOLUTION, NOT JUST THE PROBLEM BACK AT US AGAIN, IF I COULD ADD SOMETHING, I THINK AS A COUNCIL TOO, WE HAVE TO OPERATE INSIDE OF OUR PURVIEW AND WHEN CERTAIN THINGS ARE OUTSIDE OF OUR PURVIEW, WE HAVE TO KNOW WHEN THAT HAPPENS AS WELL, WHEN IT'S OUTSIDE OF YOUR CONTROL. AND I MEAN, WHILE WE SHARE IN THE SENTIMENTS OF OUR CONSTITUENTS AND PEOPLE'S CONCERNS, WHEN IT'S KIND OF BEEN DECIDED, WE HAVE TO THAT POINT. AND, AND I RESPECT THAT THIS IS A VERY SENSITIVE TOPIC TO A LOT OF FAMILIES AND A LOT OF INDIVIDUALS. I WAS ALSO A CUSTODIAL PARENT, AND I THINK THAT THE BEST THING, THE BEST SOLUTION TO ALL OF THIS IS THAT THE FAMILY CODE SAYS THAT YOU OPERATE IN THE BEST INTERESTS OF THE CHILD. SO AT SOME POINT, THE PARENTS HAVE TO GROW UP AND BE BETTER, BE BETTER PEOPLE FOR THEIR CHILDREN. THAT'S BETTER SAID THAN DONE. BUT HONESTLY, YEAH, YOU CAN'T THERE'S REALLY THERE'S REALLY NO WAY TO GOVERN WHAT SOMEBODY DOES IN THEIR HOUSEHOLD. I DEALT WITH SOMEBODY WHO LIVE MANY STATES AWAY, AND IT'S VERY HARD TO LOAD UP A FIVE YEAR OLD AND PLACE THEM ON A PLANE BY THEMSELVES. BUT THAT'S WHAT YOU DO IN ORDER TO BE A GOOD PARENT, RIGHT? IT'S HARD TO SHARE YOUR HOLIDAYS, BUT THAT'S WHAT YOU DO TO BE A GOOD PARENT. THERE'S A LOT MORE ISSUES CONNECTED TO THIS AND A LOT MORE THINGS THAT THAT GO ALONG WITH THIS THAN I THINK THAT ONE. THAT'S NOT GOING TO BE RESOLVED IN THE COURT HEARING TO THAT CAN BE CHALLENGED AND CREATE SOME ADDITIONAL LEGAL ISSUES DOWN THE LINE. AND BUT MORE IMPORTANTLY, PUT A VERY BIG STRAIN ON OUR ALREADY LIMITED POLICE RESOURCE. TO ANSWER COUNCILMAN TURNER'S QUESTION, THE ONLY THING MUNICIPAL COURT WOULD END UP DOING IS IMPOSING A CIVIL PENALTY. THERE IS NO ORDERING CHILD CUSTODY CHANGES OR. YEAH, YOU GOT TO BRING THE CHILD BACK. THERE'S NOTHING IN THAT FAMILY CODE OR FAMILY CODE STATUTE THAT GIVES THE COURT ANY AUTHORITY TO SAY, BRING THE CHILD BACK. IT SIMPLY SAYS YOU CAN IMPOSE A FINE AFTER TRYING A STATE JAIL FELONY CASE, NOT A FINE, A CIVIL PENALTY. AND AS FAR AS HOW THE APPELLATE PROCESS WOULD WORK, WE'VE TRIED A STATE JAIL FELONY IN A MUNICIPAL COURT, BUT IT'S NOT TRIED AS A CLASS C MISDEMEANOR. SO IT'S NOT TRIED AS A CRIMINAL CASE, ALTHOUGH WE TRIED THE CRIMINAL CASE WITHIN THAT SETTING FOR A CIVIL PENALTY. SO HOW THE APPELLATE PROCESS WORKS, I HAVE NO CLUE BECAUSE IT'S A CIVIL PENALTY, WHICH IN THEORY SHOULD BE APPEALED TO A CIVIL COURT. BUT I DON'T KNOW THE ANSWER TO THAT BECAUSE NOTHING IN THE ENABLING STATUTE GIVES YOU ANY GUIDANCE ON WHAT TO DO. SO IF YOU IF YOU IF WE DID PROCEED, YOU COULD ISSUE A CIVIL PENALTY, BUT THERE COULD BE NO WARRANT. SO IT WOULD JUST BE A JUDGMENT AGAINST THE PERSON THAT WOULD BE ENTERED BY THE TRYING TO UNDERSTAND WHAT WOULD BE THE CONSEQUENCE IF THEY DID NOTHING, AS IN SOME CASES THEY MAY BE DOING NOW NOTHING. YEAH, IT WOULD JUST IT WOULD JUST RACK UP. SO WE WOULD HAVE ALL THESE CASES THAT WOULD ESSENTIALLY RACK UP BECAUSE WE WOULD STILL BE OUR GUYS WOULD STILL BE, EVEN IF THE WAY ASSISTANT CHIEF PLUNKETT DESCRIBED IT, THEY WENT IN AND FILLED OUT THE PAPERWORK AND THEY CAME IN AND OUR GUYS CAME IN AND WE DID THE WHOLE TRIAL SETTING AND TESTIFIED AND EVERYTHING. AND THAT OTHER PARENT DIDN'T SHOW UP, SHOWED UP, TESTIFIED, AND DID THE WHOLE NINE. AND THE JUDGE SAID, OKAY, YEAH, YOU DIDN'T PRODUCE THE CHILD. A HE COULD NOT REQUIRE THEM TO PRODUCE A CHILD. AND IF THAT PERSON DIDN'T PAY THAT CIVIL PENALTY, THERE WOULD BE NOTHING THAT THEY COULD DO. SO IT'S NOT GOING TO IT'S NOT LIKE A, A, A CLASS C MISDEMEANOR CITATION WHERE WE ISSUE A WARRANT FOR THEM FOR FAILURE. ARE WE DOING ANY OF THOSE THINGS? IT'S NOT THE SAME. ALL RIGHT. WITH THAT NEW INFORMATION I. THIS JUST SEEMS LIKE A FLAWED PLAN TO BEGIN WITH. SO I THINK I'M SUPPORT WITHDRAWING THE TABLE THAT I SUGGESTED. AND IF [01:30:01] WE GET NEW INFORMATION AT SOME POINT TO DO SOMETHING THAT MIGHT BE MORE EFFECTIVE. BUT FROM WHAT I'M HEARING, IT JUST MAY BE BEYOND OUR REACH AS A CITY COUNCIL AND OUR POLICE DEPARTMENT, WHICH I THINK ALL OF US EMPATHIZE WITH THE CHALLENGE. BUT IF WHAT WE DO DOESN'T DO ANYTHING OTHER THAN JUST CREATE WORK AND IT HAS NO TEETH IN IT, THERE'S REALLY NO POINT IN CREATING ADDITIONAL WORK FOR NO REASON. THE SPIRIT BEHIND THE BILL IS THERE. IT'S JUST NOT EXECUTED PROPERLY. SO AS A POINT OF ORDER, GETTING READY TO CALL. SO THE MAYOR HAS WITHDRAWN HIS HIS MOTION CORRECT. AND SO, AS A POINT OF ORDER, I WE'RE VOTING THERE WAS A MOTION AND A SECOND TO APPROVE. AND SO THE VOTE NOW. NO, THERE WAS A MOTION TO TABLE AND IT WAS SECONDED. NO, NO, NO, THERE WAS A MOTION BY COUNCIL MEMBER SHERWOOD AND TURNER TO APPROVE TO GET. THAT'S WHAT GOT US TO THE. THEN THERE WAS DISCUSSION. THEN THE MAYOR ASKED OR MADE A MOTION FOR IT TO BE TABLED. COUNCIL MEMBER CRENSHAW. SECOND, THAT MOTION FOR A TABLE WHO MADE THE ORIGINAL MOTION TO APPROVE SHERWOOD AND TURNER. SO THEN COUNCILMAN SHERWOOD MADE THE MOTION TO APPROVE. SHE AMENDED HER MOTION TO DENY. THAT'S NOT WHAT WE DID. SO BASICALLY, SHE DIDN'T SAY THAT BECAUSE SHE CAME IN AFTER THE MOTION TO TABLE BY THE MAYOR AND CRENSHAW, FURTHER DISCUSSION. AND THEN SHE JUST MOTIONED FOR IT TO BE DENIED OR WHATEVER IT IS THAT WE DO WAS WHAT HER WORDS WERE. MY JUST CLEAN IT UP. SO IF SHE WANTS TO AMEND, THEN GET ANOTHER MOTION, SPECIFY OR JUST DO ANOTHER MOTION OKAY. SO YOU NEED TO DO A MOTION. I CAN I CAN DO A MOTION TO AMEND. AFTER CONSIDERATION I'D LIKE TO MOVE TO DENY SAID THANK YOU. THANK YOU. THERE'S A MOTION. IS THERE A SECOND? I'LL SECOND. THERE IS A MOTION AND A SECOND TO DENY. ITEM NUMBER EIGHT. IS THERE ANY OTHER DISCUSSION? ALL THOSE IN FAVOR OF APPROVING DENIAL OF NUMBER EIGHT? PLEASE SIGNIFY BY SAYING I THOSE OPPOSED. NO, NO. SO IT BASED ON THE INFORMATION I'VE HEARD, I'M GOING TO VOTE WITH TO DENY IT. AND I WOULD LIKE TO SEE SOMETHING. IF THERE IS ANYTHING TO GIVE US TEETH IN THIS. SO THE MOTION PASSES TO DENY IT. THANK YOU ALL. MR. CITY MANAGER, MAY WE HAVE THE READING [9. Council consider a request for an Amended Specific Use Permit to allow a mini storage facility within a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located at 6030-6040 Concord Road.] OF ITEM NUMBER NINE? THANK YOU. MAYOR. COUNCIL, CONSIDER REQUEST FOR AN AMENDED SPECIFIC USE PERMIT TO ALLOW A MINI STORAGE FACILITY WITHIN A GCM D TWO, WHICH IS A GENERAL COMMERCIAL MULTIPLE FAMILY DWELLING TO DISTRICT FOR PROPERTY LOCATED AT 6030 TO 6040 CONCORD ROAD. AT A JOINT PUBLIC HEARING HELD ON JULY 21ST, 2025, THE PLANNING COMMISSION RECOMMENDED FIVE ZERO TO APPROVE THE REQUEST WITH THE FOLLOWING CONDITIONS ONE. SUBMIT A REVISED LANDSCAPING PLAN TO THE PLANNING OFFICE TO INSTALL AND MAINTAIN THE REQUIRED EIGHT FOOT TALL WOOD OR MASONRY FENCE, AND ELIMINATE THE REQUIREMENT TO INSTALL TREES AND SHRUBS ALONG THE NORTHERN AND EASTERN PROPERTY LINES. THREE INSTALL LANDSCAPING ALONG THE FRONT PROPERTY LINE TO SCREEN THE PARKING LOT FROM THE RIGHT OF WAY. FOR CONSTRUCTION. PLANS MUST MEET ALL REQUIREMENTS FOR WATER, UTILITIES FOR WATER AND SANITARY SEWER SERVICES, INCLUDING ANY REQUIREMENTS OF THE CITY'S BACKFLOW, PRETREATMENT AND FOG PROGRAM, AND FIVE MAINTAIN OR REPLACE AS NEEDED. THE SIDEWALK ALONG CONCORD ROAD. ALL RIGHT. IS THERE A MOTION FOR ITEM NUMBER NINE? MOVE TO APPROVE. SECOND, THERE IS A MOTION AND A SECOND FOR APPROVAL OF ITEM NUMBER NINE. IS THERE ANY DISCUSSION, ALL THOSE IN FAVOR OF APPROVING ITEM NUMBER NINE, PLEASE SIGNIFY BY SAYING I. ANY OPPOSED. THE MOTION IS CARRIED. MR. CITY MANAGER MAY HAVE THE READING OF [10. Council consider a request for a Specific Use Permit to allow truck parking and storage within a GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 4010 Fannett Road.] ITEM NUMBER TEN. COUNCIL, CONSIDER A REQUEST FOR A SPECIFIC USE PERMIT TO ALLOW TRUCK PARKING AND STORAGE WITHIN A GENERAL COMMERCIAL MULTIPLE FAMILY DWELLING DISTRICT FOR PROPERTY LOCATED AT 4010 FANNETT ROAD AND A JOINT PUBLIC HEARING HELD ON JULY 21ST, 2025, THE PLANNING COMMISSION RECOMMENDED FIVE ZERO TO APPROVE WITH THE FOLLOWING CONDITIONS ONE. ANY [01:35:04] CONSTRUCTION PLANS MUST MEET ALL REQUIREMENTS FOR WATER, UTILITIES FOR WATER AND SANITARY SEWER SERVICES, INCLUDING ANY REQUIREMENTS FOR THE CITY'S BACKFLOW, PRETREATMENT AND OUTFALL PROGRAM. AND TWO ANY CONSTRUCTION PLAN SHALL COMPLY WITH ALL APPLICABLE FIRE AND BUILDING CODES. THREE AND INSTALL LIGHTING SHALL BE DIVERTED FROM RESIDENTIAL USES TO THE NORTH AND EAST AND FOR THE DEVELOPMENT BEING RESTRICT COMPLIANCE WITH THE CITY OF BEAUMONT LANDSCAPING AND SCREENING REQUIREMENTS. IS THERE A MOTION ON ITEM NUMBER TEN SO MOVED TO APPROVE? SECOND, THAT'D BE COUNCILWOMAN SHERWOOD. THERE IS A MOTION AND A SECOND TO APPROVE. ITEM NUMBER TEN. IS THERE ANY DISCUSSION? ALL THOSE IN FAVOR OF APPROVING ITEM NUMBER TEN, PLEASE SIGNIFY BY SAYING I, I ANY OPPOSED? THE MOTION IS CARRIED. MR. CITY MANAGER, MAY WE HAVE THE READING OF ITEM NUMBER 11? MR. MAYOR, IF I MAY? MISS REED INFORMED ME THAT WE CAN MAKE AN AMENDMENT TO WHAT WE PREVIOUSLY VOTED ON ITEM TWO, AND TIME IS OF THE ESSENCE FOR STAFF TO BE ABLE TO GET THAT AMENDMENT IF IT PASSED INTO THE COMPTROLLER'S OFFICE TODAY. SO I WOULD ASK THAT WE PLEASE REVISIT THAT ISSUE SO THAT WE COULD ADD SOME LANGUAGE THAT CITY LEGAL IS AGREEING CAN BE ADDED TO THAT ITEM THAT WE'RE SENDING TO THE COMPTROLLER. OKAY. I'M FORGETTING CLARITY ON THAT. SO THE RULES DO ALLOW YOU TO REVISIT AN ITEM. IT WAS PASSED BY THE MAJORITY OF COUNCIL. SO ONE OF THE MEMBERS WHO VOTED IN FAVOR CAN BRING IT BACK IN THE SAME MEETING, IF THAT. IF THE MAYOR ALLOWS. THAT SOUNDS GOOD. OKAY. SO GOING BACK TO ITEM NUMBER TWO, COUNCILMAN CRENSHAW SPECIFICALLY ASKED THAT THE RESOLUTION READ THE BEAUMONT DOWNTOWN CONVENTION CENTER. AND SO THAT WE WOULD NEED TO MAKE THAT AMENDMENT ON THE RECORD, BECAUSE THAT'S NOT HOW IT WAS POSTED. SO WE WOULD NEED TO MAKE AN AMENDMENT FOR THE RESOLUTION TO REFLECT THAT THE COUNCIL IS AUTHORIZING THE BEAUMONT DOWNTOWN CONVENTION CENTER. CORRECT. MY PREFERENCE IS THAT IT WOULD INCLUDE HOTEL, BUT WE'RE BEING WE'RE BEING TOLD IT CANNOT INCLUDE THE WORD HOTEL. SO WITH THAT CAVEAT, I'M ASKING THAT WE PLEASE AMEND THE LANGUAGE TO INCLUDE DOWNTOWN CONVENTION CENTER AND IF COUNCIL WOULD LIKE THE REASON WHY WE CAN'T MISS LOW KEY IS AT THE PODIUM TO DISCUSS THAT. I THINK THAT WAS EXPLAINED EARLIER THAT SINCE HOTELS NOT RECEIVING THE FUNDING WE HAVE TO NAME WHAT'S FUNDED IS. SO THERE IS AN AMENDMENT TO ITEM NUMBER TWO. IS THERE A SECOND ON THAT? SO I'M SORRY, WHO'S MAKING THE MOTION TO DO THE AMENDMENT. IT WAS ORIGINALLY MOTION BY COUNCIL MEMBER SHERWOOD AND A SECOND BY COUNCIL MEMBER TURNER. SO DO WE WANT COUNCIL MEMBER SHERWOOD TO MAKE AN AMENDMENT OR WHAT ARE WE DOING AT THIS POINT? WE'LL HAVE TO REDO IT. BUT IT'S. THAT THAT'LL BE EASIER. BUT BUT THEN AT THE SAME PEOPLE WOULD HAVE TO SECOND IT AS WELL. OKAY. ARE YOU OKAY WITH IT? YOU MADE THE SECOND. AS LONG AS IS IT GOING TO SATISFY WHAT WE'RE GOING FOR, I WANT TO HAVE DISCUSSION SO WE CAN WE CAN DISCUSS IT. BUT BASICALLY WHEN WE INITIALLY SAID IT, IT WAS A RECOMMENDED FOR US TO LEAVE OUT DOWNTOWN. SO WE DID. THEY DIDN'T SAY THAT WE COULDN'T I DON'T KNOW THAT. IT'S BASICALLY I WENT BACK AND SHOWED THE EMAIL THROUGH IT. IT WAS JUST SAID THAT IT CHANGES ALL THE TIME. SO WHEN YOU IDENTIFY A PROJECT BY A CERTAIN NAME THAT THAT IS THE PROJECT, RIGHT? SO WE CAN'T HAVE A DOWNTOWN CONVENTION CENTER HOTEL SOMEWHERE ELSE IN THE CITY. IT WOULD HAVE TO BE DOWNTOWN. AND AS COUNCILMAN CRENSHAW SAID, THAT THAT'S NOT REALLY WHAT WE'RE TALKING ABOUT. SO THAT'S NOT AN OVERALL CONCERN FOR COUNCIL. I DON'T THINK IT'S GOING TO MAKE A BIG DIFFERENCE WITH THE CONTROLLER. THEY WERE JUST YEAH, THEY WERE JUST BEING SPECIFIC. IT NEEDS TO SAY WITH IT. SO WHETHER YOU WANT TO SAY DOWNTOWN, IF YOU WANTED TO SAY RIVERFRONT, THAT IS THE PROJECT. AND THAT'S THE PROJECT THAT IT HAS TO FUND. SO THAT'S WHY THEY RECOMMENDED JUST SAYING BEAUMONT AND KEEPING IT GENERIC. BUT AS COUNCILMAN CRENSHAW SAID, LIKE WE KNOW WHERE WE WANT IT TO BE. SO IF THAT'S WHAT COUNCIL WANTS IN THE RESOLUTION SUBMITTED AND THAT'S THE LANGUAGE WE WANT ON THE BALLOT, THEN THAT'S HOW WE HAVE TO SUBMIT IT TO THE CONTROLLER. YOU SECONDING THAT AMENDMENT? YEAH, I JUST I JUST I JUST WANT TO IF WE CAN JUST IN THE FUTURE JUST TRY TO TRY TO KEEP IT AS CLEAN AS WE CAN UP FRONT WITH THE DIRECTION THAT COUNCIL IS ACTUALLY ASKING STAFF TO GO IN. BECAUSE I JUST STARTING TO SEE I DON'T WANT TO GET TO A POINT WHERE WE HAVE TO COME BACK AND DO THIS WHEN WE KIND OF VERY CLEAR UP FRONT WHAT WE'RE TRYING TO GO. SO IT WASN'T INTENDED FOR IT TO BE DISHONEST. LIKE, HONESTLY, WE WERE WORKING WITH EXPERTS AND WITH THE CONTROLLER, AND SO WE WERE TRYING TO DO WHAT WE FELT LIKE [01:40:03] WAS THE BEST INTEREST. BUT AGAIN, I DIDN'T REALIZE THAT THE OMISSION OF THAT, THE OMISSION OF DOWNTOWN WAS GOING TO BE AN ISSUE, AN ISSUE. SO IT WASN'T INTENTIONAL. WELL, THAT AND JUST, YOU KNOW, RESPECTFULLY, WHAT WE'RE TRYING WE'RE TRYING TO ACCOMPLISH TWO THINGS HERE. THIS IS A VENUE TAX. THIS IS THE EXACT VERBIAGE FROM THE COMPTROLLER'S OFFICE. IN ORDER TO GET A VENUE TAX APPROVED, COUNCILMEMBER CRENSHAW IS ALSO HAVING CONCERNS TO TRY TO PUT WHAT IS NOT TO SAY, A REFERENDUM, BUT TO GET THE CITIZENS INPUT ON A HOTEL CONVENTION CENTER, DOWNTOWN, TWO SEPARATE ENTITIES. NOW, THE CONCERN IS, IS THAT THE COMPTROLLER'S OFFICE IS SPECIFIC, THAT THE LANGUAGE HAS TO IDENTIFY WHAT THE VENUE PROJECT IS, AND THAT EVERY DOLLAR FROM THE ADDITIONAL 2% TAX THAT'S GOING TO BE SPENT HAS TO BE IDENTIFIED IN THE LANGUAGE THAT GOES ON THE BALLOT. AND CONSIDERING THE LANGUAGE FOR THE BALLOT ONLY SPECIFIES THE CONVENTION CENTER AND INFRASTRUCTURE IS SPECIFIC, BECAUSE THE VENUE TAX IS ONLY FOR THE CONVENTION CENTER. YES, WE UNDERSTAND THAT. YEAH, YEAH. THANK YOU. SO IS THAT A SECOND? I HAD A FOLLOW UP QUESTION TOO. SO A VENUE TECH. LET'S JUST SAY IF OUR EVENT CENTER WE HAVE CIVIC CENTER, WE HAVE A VENUE OR WE HAVE A EVENT WHERE IT'S A TICKETED EVENT, COULD THAT APPLY IF IT WAS ANOTHER LOCATION IN BEAUMONT THAT YOU COULD DO A TICKETED EVENT TO, YOU COULD HAVE GONE TO BALLOT, YOU COULD ACTUALLY GO INTO BALLOT PROJECT. SO YOU COULD HAVE INCLUDED A VENUE TAX ON ALL RENTAL CARS IN THE CITY. YOU COULD HAVE INCLUDED A VENUE TAX ON ADMISSION. IF YOU WERE SELLING TICKETS, IT WOULD HAVE TO ALL SPECIFICALLY BE A PROPOSITION THAT THE VOTERS WOULD HAVE TO VOTE ON IN ORDER FOR IT TO PASS. BUT YOU SAID THE EVENT CENTER, THE EVENT CENTER COULD NOT QUALIFY AS A VENUE PROJECT, SPECIFICALLY A CONVENTION CENTER. IT HAS TO BE ABLE TO SHOWCASE THAT YOU'RE GOING TO HAVE MORE EVENTS THAN JUST WHAT YOUR COMMUNITY EVENTS ARE. YOU'VE GOT TO BE ABLE TO DRAW IN THAT. YOU'RE BRINGING IN VISITORS BECAUSE IT'S HOTEL OCCUPANCY TAX DOLLARS. THE IDEA HERE IS SPECIFIC THAT WHEN YOU START SPENDING HOTEL OCCUPANCY TAX DOLLARS ON A SPECIFIC PROJECT, THAT THAT PROJECT A IS GOING TO BRING IN VISITORS AND B CREATE AND GENERATE MORE REVENUE TO ALLOW FOR HOTEL OCCUPANCY TAX DOLLARS TO BE SPENT ON THAT PROJECT. YOU DON'T WANT TO INCLUDE THE HOTEL, BECAUSE IF YOU WERE TO INCLUDE THE HOTEL, THERE WOULD ONLY BE SPECIFIC FUNDS THAT YOU COULD SPEND TO PAY OFF THE DEBT. OKAY, I UNDERSTAND THAT. SO EVEN WITH THE CAR, THE VENUE, LIKE RENTING THE CAR, ARE WE LEAVING REVENUE ON THE TABLE OR. THAT'S JUST SOMETHING WE JUST NEED TO FOCUS ON SOLELY THIS. SO WE HAVE ACTUALLY ALREADY SUBMITTED. WE HAD TO GO THROUGH THE MAYOR'S LETTERHEAD TO SUBMIT TO THE TEXAS COMPTROLLER'S OFFICE TO GET THE SALES TAX, IDENTIFICATION OF THE AMOUNT OF MONEY, THAT SALES TAX REVENUE THAT IS BEING GENERATED BY RENTAL CARS IN THE CITY OF BEAUMONT. WE'RE GOING TO NEED THAT THOSE NUMBERS TO KIND OF SEE HOW MUCH IS POTENTIALLY OUT THERE. NOW THERE IS UP TO 5% THAT COULD BE INCLUDED IN A VENUE TAX ON RENTAL CARS. THAT COULD ALSO GO TO A SPECIFIC VENUE PROJECT, BUT AGAIN, IT WOULD HAVE TO GO TO VOTERS. OKAY. THANK YOU. YEAH. THANK YOU. ALL RIGHT, I MAKE IT. OH, SO WE DO HAVE IT NOW. YEAH, WE DO HAVE AN AMENDMENT. AND IT'S BEEN SECONDED. AND IF THERE IS THERE ANY OTHER DISCUSSION. ALL RIGHT. ALL THOSE IN FAVOR OF APPROVING ITEM NUMBER TWO WITH THE AMENDMENT AS DISCUSSED, PLEASE SIGNIFY BY SAYING I, I ANY OPPOSED THE MOTION IS CARRIED. THANK YOU, THANK YOU. SO WE'RE ON TO ITEM NUMBER 11. [11. Council consider a request for a Specific Use Permit to allow a duplex within an R-S (Residential-Single Family Dwelling) District for property located at 3890 Harding Drive.] COUNCIL. CONSIDER REQUESTS FOR A SPECIFIC USE PERMIT TO ALLOW A DUPLEX WITHIN A RESIDENTIAL SINGLE FAMILY DWELLING DISTRICT FOR PROPERTY LOCATED AT 3890 HORTON DRIVE, AND AT A JOINT PUBLIC HEARING HELD ON JULY 2025, IT WAS RECOMMENDED FIVE AND OH BY THE PLANNING COMMISSION WITH THE FOLLOWING CONDITIONS, WITH THE FOLLOWING CONDITION. CONSTRUCTION PLANS MUST MEET ALL REQUIREMENTS FOR WATER, UTILITIES FOR WATER AND SANITARY SEWER SERVICES, INCLUDING ANY REQUIREMENTS OF THE CITY'S BACKFLOW PRETREATMENT. PROGRAM. IS THERE A MOTION FOR ITEM NUMBER 11? IS IT? THERE IS A MOTION AND A SECOND FOR 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 HAVE THE READING [12. Council consider a request for a Specific Use Permit to allow a drinking place within the CBD (Central Business District) for property located at 304 Orleans Street.] [01:45:02] OF ITEM NUMBER 12? COUNCIL, CONSIDER REQUEST FOR A SPECIFIC USE PERMIT TO ALLOW A DRINKING PLACE WITHIN THE CENTRAL BUSINESS DISTRICT FOR PROPERTY LOCATED AT 304 ORLEANS STREET, AND IT WAS APPROVED BY P AND Z ON THE RECOMMENDED FIVE ZERO VOTE WITH THE FOLLOWING CONDITIONS. CONSTRUCTION PLANS MUST MEET ALL REQUIREMENTS FOR WATER, UTILITIES FOR WATER AND SANITARY SEWER SERVICES, INCLUDING ANY REQUIREMENT FOR THE CITY'S BACKFLOW, PRETREATMENT, AND OR FOG PROGRAM. TWO SHALL INSTALL A SECURITY CAMERA SYSTEM OR EMPLOY SECURITY PATROLS. PATROLS DURING PEAK OPERATIONAL HOURS, AND THREE THE ESTABLISHMENT AND PROPERTY PREMISES SHALL REMAIN IN COMPLIANCE WITH THE BUILDING CODE, FIRE CODE, ZONING CODE, OFFENSES AND NUISANCE CODE, HEALTH AND SANITATION CODE, AND ALL OTHER APPLICABLE CODES OF THE CITY. IS THERE A MOTION FOR ITEM NUMBER 12? SECOND, THERE IS A MOTION AND A SECOND FOR ITEM NUMBER 12. IS THERE ANY DISCUSSION? COUNCILMAN TURNER, WE SAID STIPULATION NUMBER TWO SAYS SHELL INSTALL A SECURITY CAMERA SYSTEM OR EMPLOY SECURITY PATROLS DURING PEAK OPERATIONAL HOURS IF THAT, GIVING THEM AN OPTION. OR ARE WE SAYING BOTH HAS TO TAKE PLACE? YES, SIR. WITH THE OR WE'RE GIVING THE OPTION. OKAY. ANY OTHER QUESTIONS? ALL THOSE IN FAVOR OF APPROVING ITEM NUMBER 12, PLEASE SIGNIFY BY SAYING AYE. AYE. ANY OPPOSED? THE MOTION IS CARRIED. SECOND. OKAY. I'M NOT SURE. [13. Council consider a request for a Specific Use Permit to allow an eating place within an RCR-H (Residential Conservation Revitalization-Historic) District for property located at 2090 Broadway Street.] MR. CITY MANAGER, MAY WE HAVE THE READING OF ITEM NUMBER 13? COUNCIL REQUESTS. CONSIDER A REQUEST FOR A SPECIFIC USE PERMIT TO ALLOW AN EATING PLACE WITHIN AN RESIDENTIAL CONSERVATION REVITALIZATION HISTORIC DISTRICT FOR PROPERTY LOCATED AT 2090 BROADWAY STREET AND AT A JULY 21ST, 2025 PLANNING COMMISSION RECOMMENDED FIVE ZERO TO APPROVE WITH THE FOLLOWING CONDITIONS. CONSTRUCTION PLANS MUST MEET ALL REQUIREMENTS FOR WATER, UTILITIES FOR WATER AND SANITARY SEWER SERVICES, INCLUDING ANY REQUIREMENTS OF THE CITY'S BACKFLOW, PRETREATMENT AND AFLOAT PROGRAM, AND TWO THE ESTABLISHMENT AND PROPERTY PERMITS SHALL BE IN COMPLIANCE WITH THE BUILDING CODE, FIRE CODE, ZONING CODE, OFFENSES AND NUISANCE CODE, HEALTH AND SANITATION CODE, AND ALL OTHER APPLICABLE CODES OF THE CITY. IS THERE A MOTION FOR ITEM NUMBER 13? I MAKE A MOTION. SECOND, THERE IS A MOTION AND A SECOND FOR ITEM NUMBER 13. IS THERE ANY DISCUSSION, COUNCILMAN DARIO. SO THIS THIS SEEMS LIKE THIS PRETTY CLOSE TO WHERE THE PARK ON CALDER USED TO BE. AND EVERYTHING WE WENT THROUGH WITH THEM AND THE NOISE COMPLAINTS. AND THIS IS JUST A FEW BLOCKS AWAY FROM THERE. IT'S DO DO Y'ALL MAKE ANY REQUIREMENTS FOR NOISE PREVENTION ON THIS? BECAUSE IT'S SAYING IT'S GOING TO BE A. I DON'T KNOW, A TEA ROOM A TEA ROOM. YEAH. SO THE INTENTION OF IT IS FOR LIKE A TRADITIONAL SOUTHERN AFTERNOON TEA TIME. SO THEY'LL HAVE TEA OBVIOUSLY BAKED GOODS, SANDWICHES, THOSE KINDS OF THINGS. BUT I DID PUT CONDITION NUMBER TWO NOISE. THE VIOLATIONS TO THE NOISE CODES AND WHATNOT IS IN THE OFFENSES AND NUISANCE CODE. SO IF THEY VIOLATE THAT THEN YOU GUYS COULD CONSIDER REVOCATION OR MODIFICATION OF THAT SPECIFIC USE PERMIT. SO THEY WOULD NEED TO BE IN LINE WITH THE CODES OF THE CITY ESSENTIALLY. OKAY. THANK YOU, COUNCILMAN TURNER. JUST DO WE KNOW IF THEY'RE DOING LIVE MUSIC OUTSIDE? DO WE KNOW IF THEY'LL DO BANDS? BECAUSE JUST FROM PAST EXPERIENCE AND ANY PLACE FOR LIVE MUSIC AND NEIGHBORHOODS, I'M GOING TO STRUGGLE TO BE SUPPORTIVE OF IT. SO I NEED TO KNOW SOME SPECIFICS ABOUT WHAT TYPE OF ACTIVITIES THEY'RE GOING TO BE DOING. I DON'T RECALL THAT BEING LISTED IN THEIR LETTER, BUT IF THAT'S SOMETHING YOU WANT CLARITY ON, THEN I CAN GET SOMETHING FROM THEM AND BRING IT BACK TO A FUTURE COUNCIL MEETING OR THE NEXT ONE IF YOU'D LIKE. ARE THEY DOING A I MEAN, A BED [01:50:04] AND BREAKFAST AS WELL. SO THEY'RE ACTUALLY GOING TO LIVE ON THE SECOND FLOOR. SO IT'S A MIXED USE DEVELOPMENT THAT THEY'RE WANTING TO DO. SO WITH THIS BEING A HISTORIC STRUCTURE, IT'S ACTUALLY A REALLY GREAT EXAMPLE OF AN ADAPTIVE REUSE PROJECT. BUT YEAH, THEY ARE GOING TO LIVE ON THE SECOND FLOOR AND THEY'RE GOING TO HAVE THEIR OPERATIONS ON THE FIRST. I'M JUST NOT OPPOSED TO IT, BUT I JUST KNOW WHAT WE'VE BEEN THROUGH IN THE PAST. WHEN YOU HAVE LIVE MUSIC IN THE MIDDLE OF NEIGHBORHOODS AND THE NUISANCE AND THE TICKETS AND THE NEIGHBORS, I JUST WANT TO MAKE SURE BEFORE WE APPROVE IT, WE UNDERSTAND FULLY WHAT WE'RE DEALING WITH. YEAH, AND I DIDN'T SEE IT LISTED IN THEIR LETTER. SO IF YOU WANT ME TO GET CLARITY ON IT, WE CAN OR COUNCIL COULD ESTABLISH ANOTHER CONDITION TO THIS WHERE THEY DO NOT HAVE A LIVE MUSIC FROM, YOU KNOW, A CERTAIN POINT IN TIME OR AT ALL. SO THAT IS SOMETHING THAT YOU GUYS COULD. BUT I ALSO BELIEVE WHEN THEY MET THAT THEY DIDN'T THEIR HOURS OF OPERATIONS DIDN'T GO PAST, I BELIEVE SIX. TO ME, I BELIEVE THEY DIDN'T HAVE LATE HOURS OF OPERATIONS. COUNCILWOMAN SHERWOOD, YOU HAD SOMETHING. DID WE GATHER INFORMATION FROM THE COMMUNITY INFORMING THEM ABOUT THIS BEFORE WE DID THIS? SO THAT, AGAIN, I'M A COUNCIL MEMBER. TURNER. WE DON'T NEED ANY ADDITIONAL HICCUP IN THE GIDDYUP. YES, MA'AM. WE SENT OUT 17 PROPERTY OWNER NOTICES, WHICH IS REQUIRED BY THE STATE WITHIN 200FT OF ANY PROPOSED OR ANY PROPOSAL. WE RECEIVED ZERO IN FAVOR AND ZERO IN OPPOSITION. SO WE DIDN'T. AND I DON'T RECALL ANYONE SPEAKING AT THE PLANNING COMMISSION IN FAVOR OR OPPOSITION ON THE ITEM. THANK YOU. ONE MOMENT WHILE I PULL UP THEIR LETTER. THEY'RE NOT LISTING IT IN THEIR IN THEIR LETTER, AND I DON'T RECALL IT FROM THE NARRATIVE AT THE PLANNING COMMISSION TO SAY FOR SURE. I THOUGHT THAT ONE OF THE COMMISSIONERS HAD ASKED ABOUT THEIR HOURS OF OPERATION, BUT. I RECALL TOO, BUT WE I WE CAN ADD A CONDITION THAT WOULD SAY, NO LIVE MUSIC AFTER 6:00. YEAH. IF THERE WAS OPERATION ENDS AT SIX, I WOULD I WOULD LIKE TO ADD THAT CONDITION. TO BE FAIR, I DON'T KNOW IF IT WAS SIX. THAT'S JUST THE NUMBER THAT STUCK IN MY HEAD. BUT I THINK IF COUNCIL SAID THAT THEY COULDN'T, YOU KNOW, IT'S A TEA ROOM. I JUST REMEMBER THEM SAYING LIKE HOW WHAT WOULD THE HOURS OF OPERATIONS BE SO YOU COULD CANCEL? LIKE SHE SAID, YOU CAN PUT WHATEVER RESTRICTIONS YOU WANT IF YOU I GUESS I WOULD RECOMMEND NOT LIMITING THE HOURS OF OPERATIONS. IF THEY HAVEN'T DETERMINED THAT YET, THAT WOULD BE TOO RESTRICTIVE. BUT YOU COULD SAY NO LIVE MUSIC OUTSIDE OF JUST. YEAH, LIKE OUTSIDE OF THEIR HOURS OF OPERATIONS OR PAST 10:00. 9:00. YEAH. JUST FROM PAST EXPERIENCES. I JUST CAN'T BE SUPPORTIVE OF ANY INSTANCE WHERE IT COULD BE LIVE MUSIC AT A TIME WHERE PEOPLE THAT ARE RESIDENTS ARE NEXT DOOR, THAT CAN BE SLEEP. THAT'S BEEN A NOT A GOOD EXPERIENCE SINCE I'VE BEEN ON COUNCIL, AND I REFUSE TO PUT MYSELF IN ANOTHER POSITION LIKE THAT. I UNDERSTAND, I WILL SAY THE PARK ON CALDER, THAT SITUATION WAS THEY DON'T HAVE AN SUV BECAUSE THEY WERE TECHNICALLY A RESTAURANT WHERE THEN THEY TURNED INTO, WELL, THEY'RE TABC LICENSE ASKED FOR EXTENDED HOURS SO THAT THAT SITUATION IS UNIQUE IN ITSELF. BUT YES. OKAY, SO WHAT WOULD YOU ARE YOU GOING TO MAKE AN AMENDMENT? IN FAIRNESS, IT'S KIND OF TOUGH TO SAY IF WE DON'T KNOW THE BUSINESS OWNER HOURS OF OPERATION. I HATE TO SAY 9:00. IF THEY OPEN AT TEN, I WOULD PREFER TO KNOW WE BUT WE COULD STILL RESTRICT WHEN MUSIC NEEDED TO END. IT DOESN'T MEAN IT HAS TO CLOSE. WE'RE NOT RESTRICTING THE HOURS, WE'RE RESTRICTING LIVE MUSIC. I WOULD BE OKAY WITH IF THE COUNCIL COULD CONSIDER SUPPORTING THIS. NO LIVE MUSIC AFTER 10:00 PM. ARE YOU SAYING LIVE OR LIVE OR ALLOWED? BOTH. I WOULD THINK. I MEAN, IN MY OPINION, I WOULD THINK THE LOUD MUSIC WOULD BE COVERED UNDER THE SECOND CONDITION AND THEN, YOU KNOW, LIVE MUSIC WOULD BE THAT ADDITIONAL THIRD. SO COUNCIL IS ASKING FOR LIVE MUSIC AFTER OR NO LIVE MUSIC AFTER 10:00 PM. IT'S TOO LATE. IT'S TOO LATE. YEAH. THAT NEIGHBORHOOD AND IT'S A TEA ROOM. I MEAN, I WOULD SAY AFTER SEVEN. THE COUNCIL ALWAYS HAS THE OPTION TO TABLE THE ITEM. WE HAVE A WE HAVE A COUNCIL MEETING ON THE 19TH FOR STAFF TO FIND OUT WHAT TO THE APPLICANTS TO GET OWNERS OF OPERATIONS. OKAY. THIS ISN'T GOING TO INTERFERE WITH THEIR ABILITY TO OPEN. IT SHOULDN'T IT SHOULDN'T RIGHT NOW THEY'RE I DON'T WANT TO SHUT DOWN A TEA ROOM OVER A MAN. PEOPLE SAY BANJO THINGS ALL THE TIME. AND [01:55:06] I'M TELLING YOU RIGHT NOW, THEY'RE ACTUALLY DOING RENOVATIONS TO THE HOUSE FOR THEIR SECOND FLOOR, WHICH IS ACTUALLY THEIR LIVING QUARTERS, WHICH THEY CAN DO BY. RIGHT. SO THEY'RE THEY'RE PROGRESSING, BUT WE'RE WAITING FOR THEM TO DO RENOVATIONS ON THE BOTTOM FLOOR, PENDING APPROVAL HERE. YEAH. BECAUSE BASICALLY IT'S GOING TO BE IT'S THE SAME NEIGHBORHOOD. EVERYBODY IS THE SAME PEOPLE THAT'S OVER THERE. I DON'T I'M SORRY I NEVER BEEN TO A TEA ROOM, SO I DON'T KNOW WHAT THEY'RE DOING THERE. SO WE WOULD WE LIKE TO TABLE IT AND GET CLARITY FROM THE. SEEM PRETTY RELAXED. IT'S NOT LOUD MUSIC CHRIS. YEAH. IT'S USUALLY YOU KNOW THEY TALKED ABOUT DOING LIKE BABY SHOWERS AND STUFF LIKE THEY'RE NOT DOING THEY'RE NOT DOING A LOT OF LIKE NIGHTTIME EVENTS. I THINK IT WAS MEANT TO BE A DAYTIME THING BECAUSE AGAIN, THEY LIVE THERE. SO THERE WAS ANOTHER TEA ROOM DOWNTOWN WASN'T IT. OR OVER HERE, WAS IT THE GREEN BEANERY ONE THAT. OH, THAT WAS A RESTAURANT, I THINK. YEAH. BUT IT ALSO WAS A TEA ROOM. SO, I MEAN, I DON'T RECALL ANY TROUBLE COMING OUT OF THE GREEN. BEANERY I DON'T THINK I KIND OF HAD SOME PRETTY AWESOME SANDWICHES. NOT, NOT NOT CHEAP, NOT CHEAP. YOU CAN'T SAY NOTHING. I'M GETTING AHEAD OF THIS NOW ON FIRST THURSDAYS. I DON'T WANT TO HEAR IT. I'M GETTING AHEAD OF THIS. SANDWICHES. ALL RIGHT. SO IN MY OPINION, IT SOUNDS REASONABLE TO CUT LIVE MUSIC. OKAY, WELL, I WILL HONOR WHAT THAT RECOMMENDATION AT 8 P.M. I THINK WE MEET IN THE MIDDLE. COUNCILMAN DARIO, IF YOU'RE OKAY WITH THAT, I MAKE THAT AMENDMENT TO MAKE SURE AFTER 8 P.M. IS NO LOUD MUSIC, LOUD OR LIVE. WELL, SHE SAID LOUD. SO UNDERNEATH EVERY OUT IS SO. SO ITEM TWO REFERENCES THE LOUD MUSIC BECAUSE THAT WOULD BE UNDER OUR NUISANCE IN THE OFFENSES OF NUISANCE CODE. THIS CONDITION SPECIFICALLY WOULD SPEAK TO LIVE MUSIC. WELL LIVE MUSIC. I JUST WANT TO MAKE SURE BOTH ARE COVERED. I THINK WE GOT IT. GOT IT CLEAR WITH THAT THE V. SO THERE NOW THERE IS AN AMENDMENT TO THE MOTION TO ADD NO LIVE MUSIC PAST 8 P.M. IF THERE'S NO OTHER DISCUSSION. ALL THOSE IN FAVOR OF APPROVING ITEM NUMBER 13 WITH THE ADDITION OF THE 8 P.M. TIME, PLEASE SIGNIFY BY SAYING I, I. ANY OPPOSED? NO. NO. ALL RIGHT. MOTION CARRIES. WE'RE GOING TO TABLE ITEM 14 TO THE 19TH. SO NOW WE'RE GOING TO [15. Council consider a request for a Rezoning from R-S (Residential-Single Family Dwelling), RM-H (Residential Multiple-Family Dwelling-Highest Density) and A-R (Agricultural-Residential Districts to a PUD (Planned Unit Development) District for approximately 366 acres more or less located at the southwest corner of Dowlen Road and Delaware Street.] MOVE TO ITEM NUMBER 15. MAY WE HAVE THE READING OF ITEM NUMBER 15. COUNCIL CONSIDER REQUEST FOR A REZONING FROM RESIDENTIAL SINGLE FAMILY DWELLING. TO RESIDENTIAL MULTIPLE FAMILY DWELLING HIGHEST DENSITY AND AGRICULTURAL RESIDENTIAL DISTRICTS TO A PUD PLANNED UNIT DEVELOPMENT DISTRICT FOR APPROXIMATELY 366 ACRES, MORE OR LESS LOCATED AT THE SOUTHWEST CORNER OF DOWLING ROAD AND DELAWARE STREET, AND IT'S RECOMMENDATION APPROVAL OF THE ORDINANCE. IS THERE A MOTION FOR ITEM NUMBER 15? IS THERE A SECOND? SECOND, THERE IS A MOTION AND A SECOND FOR APPROVAL OF ITEM NUMBER 15. IS THERE ANY DISCUSSION? YES. COUNCILMAN CRENSHAW, I WAS PRESENT AT THE MEETING. THE JOINT MEETING WITH THE PLANNING AND ZONING AND COUNCIL WHEN THIS WAS PRESENTED, SOME OF THE RESIDENTS IN THE WINDSOR COURT NEIGHBORHOOD HAVE EXPRESSED SOME SIGNIFICANT CONCERNS ABOUT THIS PROJECT. I HAD HOPED TODAY TO BE ABLE TO ADD SOME CONDITIONS, BUT AFTER SPEAKING WITH THE CITY MANAGER AND CONSULTATION WITH LEGAL, I DO NOT BELIEVE IT'S PROPER PROPERLY AT THIS TIME. CAN WE ADD CONDITIONS TO THIS? SO MY CONCERNS ARE THAT THE WINDSOR COURT NEIGHBORHOOD HAVE SOME, I THINK, VERY REASONABLE REQUEST. NUMBER ONE, THEY DO NOT WANT THEIR CURRENT STREET TO BECOME A THOROUGHFARE FOR THIS PROJECT. I DO NOT BELIEVE THAT THAT IS UNREASONABLE. AND I THINK THAT THE DEVELOPER SHOULD DISCUSS THAT WITH THE WINDSOR COURT HOA AND COME UP WITH AN AGREEMENT THAT WOULD SATISFY THE HOA, THAT THE STREET IS NOT GOING TO BE A THOROUGHFARE FOR THIS DEVELOPMENT. AN ADDITIONAL CONCERN THAT THEY HAVE THAT I THINK IS VERY REASONABLE IS THEY WOULD LIKE A TEN FOOT BARRIER TO GO AROUND THEIR CURRENT EXISTING NEIGHBORHOOD OF TREES, AND THEY WANT THAT TEN FOOT AREA OF TREES [02:00:05] TO REMAIN. I DO NOT THINK THAT THAT IS UNREASONABLE, AND I THINK THAT THE DEVELOPER SHOULD MEET WITH THE HOA TO DISCUSS WHETHER THEY WOULD EITHER AGREE TO DO THAT, OR ALLOW THE HOA TO PURCHASE THAT THAT LAND TO KEEP A TEN FOOT BARRIER OF TREES BETWEEN THE TWO DEVELOPMENTS. THEY HAVE OTHER CONCERNS, SUCH AS THEY DON'T WANT APARTMENTS AND THINGS LIKE THAT. BUT IT'S MY UNDERSTANDING THAT LATER WE AS A COUNCIL COULD BE ABLE TO DECIDE WHETHER WE WOULD AMEND AND ADD THE ABILITY TO DO MULTI-FAMILY AND THINGS LIKE THAT. SO I THINK THAT LATER COUNCIL COULD ADDRESS THOSE ISSUES. BUT MY REAL CONCERNS RIGHT NOW IS THAT THE DEVELOPER HAS SOME PAST PROJECTS THAT ARE GREAT, AND I'M ALL FOR DEVELOPING SOME OF THESE BEAUTIFUL PROPERTIES THAT YOU SHOWED US. BUT WE WANT YOU AND WELCOME YOU HERE TO BEAUMONT. BUT WE WANT YOU TO BE A GOOD NEIGHBOR. AND IF WE CANNOT GET THE HOA WITH WINDSOR COURT TO SIT DOWN WITH YOU AND Y'ALL COME UP WITH A REASONABLE AGREEMENT HERE, IT JUST GIVES ME CONCERNS THAT MOVING FORWARD, THIS IS GOING TO CONTINUE TO BE A SIGNIFICANT PROBLEM. IT'S FROM THEY'VE RAISED ISSUES ABOUT TRAFFIC, WHICH I KNOW WE CAN'T SOLVE RIGHT NOW. THAT I THINK WILL LATER HAVE TO BE ADDRESSED, BECAUSE YOU ALREADY HAVE A SIGNIFICANT AMOUNT OF TRAFFIC ON DOWLEN AND DELAWARE AND ON GLADYS, WHERE I THINK YOUR PROPOSED STREETS ARE GOING TO HAVE ACCESS TO THIS DEVELOPMENT ON. BUT I'M ASKING THAT WE TABLE THIS ISSUE AND ALLOW THE DEVELOPER AND THAT NEIGHBORHOOD TO GET TOGETHER AND HAVE A DISCUSSION WHERE THEY MIGHT BE ABLE TO RESOLVE A FEW OF THESE ISSUES SO THAT THE HOA WILL WITHDRAW ITS CONCERNS THAT IT RAISED AT THE PLANNING AND ZONING MEETING. AND I THINK THAT THAT'S A PRUDENT THING TO DO. AND THAT'S WHAT I'M ASKING THIS COUNCIL TO CONSIDER TODAY. CAN WE HAVE DISCUSSION SINCE THERE WAS A MOTION AND A SECOND ON THE FLOOR, WHAT WE'RE DOING NOW? OKAY, COUNCILMAN DARIO. SO WE DIDN'T DIDN'T WE HAVE A DEVELOPMENT LIKE THAT THIS COME UP WHERE THEY HAD TO HAVE LIKE TWO PEOPLE LIVE OVER THERE AND ABLE TO BE TO VOTE ON IT, LIKE LAST YEAR OR THE YEAR BEFORE THAT IN THE SAME GENERAL AREA. I MEAN, MUNICIPAL MANAGEMENT DISTRICT, I BELIEVE, WAS ESTABLISHED IN 2022. WHAT WAS WHAT'S THE DIFFERENCE BETWEEN MUNICIPAL MANAGEMENT AND THIS? SO MUNICIPAL MANAGEMENT DISTRICT IS LIKE A FINANCING TOOL FOR DEVELOPERS. AND I KNOW WE HAVE MR. YEAGER HERE WHO IS PRETTY WELL VERSED IN MUNICIPAL MANAGEMENT DISTRICTS THAT CAN MAYBE SPEAK TO THAT. BUT ESSENTIALLY THAT IS A DEVELOPMENT FINANCING TOOL FOR THEM. THIS IS A ZONING DISTRICT OF THE LAND. SO IF YOU WERE TO DO A REZONE, HE WOULD HAVE TO COME BACK BEFORE ANY DEVELOPMENT HAPPENS, PERIOD. HE WOULD HAVE TO COME BACK TO PLANNING COMMISSION AND GET A LAND USE AND DENSITY PLAN APPROVED BY PLANNING COMMISSION AND ALSO CITY COUNCIL. SO COUNCIL IS ALWAYS GOING TO HAVE THE LAST BITE AT THE APPLE WITH THIS DEVELOPMENT. SO MUNICIPAL MANAGEMENT DEVELOPMENT IN THIS THERE THERE COMBINED THERE. YEAH. SO THEY SO THEY WORK TOGETHER BUT THEY'RE SEPARATE. THEY'RE SEPARATE DEALS. SO ALREADY PASSED. AND THAT'S JUST TO BE ABLE TO FUND THIS. BUT WHAT I'M HEARING THIS ZINGMAN SAY AND FOR CLARITY HERE, IF WE PASS THIS AS IT IS, IT'S STILL GOING TO REQUIRE A SPECIFIC USE PERMIT. SO THESE ISSUES CAN BE ADDRESSED BECAUSE THEY'RE GOING TO HAVE TO COME BACK TO CITY COUNCIL THROUGH PLANNING AND ZONING TO GET APPROVAL FOR THEIR PROJECTS. AND IT'S NOT UNCOMMON THAT ONCE, ONCE, MR. YEAGER OR ANY DEVELOPER STARTS THE MARKET TYPICALLY DRIVES THE DEVELOPMENT. SO IT'S NOT UNCOMMON TO HAVE TO COME BACK WITH AN AMENDMENT OF, HEY, WE THOUGHT THAT HOUSES WERE GOING TO WORK HERE, BUT WE WOULD LIKE TO COME BACK WITH MORE COMMERCIAL. AND THEN THAT'S WHERE COUNCIL ALWAYS HAS THE LAST BITE. AND WITH THE SPECIFIC USE PERMIT, STATE LAW REQUIRES THAT WE SEND OUT NOTICE TO ALL SURROUNDING PROPERTY OWNERS THAT ARE WITHIN 200FT. SO IN THIS CASE, BECAUSE OF HOW LARGE THE ACREAGE IS OUT THERE, WE WOUND UP HAVING TO SEND ABOUT 250 PROPERTY OWNER NOTICES. SO IT'S ALL AGAIN, COUNCIL IS ALWAYS GOING TO HAVE THE LAST BITE AT WHAT GETS DEVELOPED OUT THERE. AFTER THIS ZONING DISTRICT PER PLANNED ZONING DISTRICT. YES, COUNCILMAN. TURNER. MAYOR. MADAM ATTORNEY, CORRECT ME IF I CAN'T DO THIS, BUT IS IT APPROPRIATE TO ASK MR. YEAGER, SINCE HE HERE IF HE WOULD BE WILLING TO MEET WITH THE NEIGHBORHOOD ASSOCIATION AND TALK TO SOME OF THE NEIGHBORS AND KIND OF EXPLAIN WHAT'S GOING ON WITH THIS PARTICULAR THING, BECAUSE I'M FAMILIAR WITH PUDS, BUT A LOT OF PEOPLE AREN'T. SO IT'S A POSTED ITEM. SO YOU CAN DEFINITELY DO THAT IF THE MAYOR WILL ALLOW. YES, WE'LL DO THAT. BUT I WANT TO GET ALL THE COUNCIL MEMBER COMMENTS FIRST. [02:05:04] IF COUNCIL WOMAN SHERWOOD HAD A QUESTION. WELL, NOT NECESSARILY A QUESTION AS MUCH AS A COMMENT. I THINK THAT COUNCIL WOULD DO GOOD TO REMIND CONSTITUENTS AS WELL THAT WITH THESE NEW DEVELOPMENTS, LIKE THEY DON'T KNOW WHAT THEY'RE GOING TO PUT IN YET, THEY DON'T KNOW WHAT THE MARKET DEMANDS. BUT WE DO WANT TO SET THE TONE AND A CLEAR SIGNAL, LET THE RECORD SHOW THAT BEAUMONT IS, IN FACT, OPEN FOR BUSINESS. WE DO WANT NEW DEVELOPMENT. WE DO NEED MORE TAX REVENUE IN ORDER TO FUEL OUR CITY, AND WE NEED TO SET THE TONE FOR THAT MORE OR LESS. THANK YOU. I'M EXCITED. YES. MR. YEAGER? I KNOW AFTER THE LAST PLANNING AND ZONING MEETING, YOU MET WITH SEVERAL OF THE PEOPLE THAT WERE HERE IN THE LOBBY, I BELIEVE, TO DISCUSS WITH THEM, BUT I AM HEARING DESIRE TO PERHAPS HAVE A SCHEDULE, ANOTHER MEETING OUTSIDE OF THE CITY WITH THE HOA OF WINDSOR, OR IS THAT SOMETHING THAT YOU'D BE AGREEABLE TO? MR. MAYOR, I APPRECIATE THE OPPORTUNITY TO SPEAK. I DID MEET WITH SOME OF THE RESIDENTS. I'VE ALSO HAD PHONE COMMUNICATIONS WITH SOME OF THE RESIDENTS, AND SOME OF YOUR OTHER CITIZENS HAVE ALSO REACHED OUT TO ME THAT ARE FRIENDS OF THOSE RESIDENTS. I'VE SPOKEN TO EVERYBODY THAT HAS CALLED ME AT MY OFFICE. I'VE SPOKEN TO THE RESIDENTS THAT WERE IN ATTENDANCE AT THE LAST MEETING OUT IN THE HALLWAY. I OFFERED TO MEET WITH THEM, AND I ALSO EXPLAINED TO THEM, SIMILAR TO WHAT WAS EXPLAINED A MOMENT AGO, THAT THAT THIS IS JUST A FIRST STEP IN A MULTIPLE STEP PROCESS AND THAT THERE IS ADDITIONAL OPPORTUNITIES FOR PLANNING AND ZONING AND FOR CITY COUNCIL AND FOR THOSE RESIDENTS WHEN WE COME FORWARD WITH THE SPECIFIC USE PERMIT. I ALSO INDICATED THAT I'M HAPPY TO MEET WITH THEM WHEN WE HAVE A PLAN. WE MENTIONED IN THE LAST MEETING THAT WE ARE ALSO MEETING WITH JEFFERSON COUNTY DRAINAGE DISTRICT, AND I KNOW THERE'S CONCERNS ABOUT DRAINAGE IN THE CITY AS WELL. AND THOSE DRAINAGE PLANS WILL IMPACT HOW WE DO OUR LAND PLAN. AND SO WE ARE ARE WORKING TOWARDS AN ULTIMATE SOLUTION. BUT THE FIRST STEP IN THAT IS TO KNOW, OKAY, CAN WE CHANGE THE GENERAL USE OF THE PROPERTY AND THEN WORK WITH THE DRAINAGE DISTRICT, FORMULATE A PLAN, AND THEN BRING THAT PLAN BACK BEFORE BOTH THE PLANNING AND ZONING AND THE CITY COUNCIL? WE UNDERSTAND THAT THERE ARE CONCERNS FROM THE NEIGHBORING COMMUNITY RIGHT NOW. WE HAVE NO DESIGNS OR PLANS TO TIE INTO THE END OF THE STREET AT WINDSOR. AND WE UNDERSTOOD FROM THE PEOPLE IN WINDSOR THAT THAT'S NOT SOMETHING THEY WANT. SO UNLESS IT'S A REQUIREMENT OF THE CITY, FOR SOME REASON, WHEN WE GET DOWN TO THE PLANNING PART, WE DON'T HAVE ANY ANY DESIGNS ON THAT. MY UNDERSTANDING ALSO IS THAT THAT MAY BE A GATED SUBDIVISION. I'VE DRIVEN DOWN THAT STREET. SO IF IT IS, IT WOULD BE A PRIVATE STREET AND I THINK IT'S GOING TO BE LIMITED ACCESS ANYWAY. WITH RESPECT TO THE OTHER POINT THAT YOU MADE REGARDING A BUFFER OR OTHER ITEMS, THOSE ARE ITEMS THEY HAVE REACHED OUT TO US ON. SOME OF THE RESIDENTS HAVE SOME ENCROACHMENTS ON OUR PROPERTY ALREADY, THAT THEY'VE BEEN UTILIZING THAT LAND FOR A WHILE, AND WE HAVEN'T MADE ANY STEPS TO DO ANYTHING ABOUT THAT OTHER THAN, SAY, WHEN WE GET TO THE POINT OF KNOWING WHAT WE NEED TO DO, WE'RE HAPPY TO SIT AND TALK TO THEM ABOUT THAT. THE ONLY REASON I BRING UP THOSE ENCROACHMENTS IN THIS MEETING IS YOU MENTIONED A TREE BUFFER, BUT THERE ARE SOME IMPROVEMENTS THAT A FEW OF THE RESIDENTS HAVE IN THEIR, YOU KNOW, POOL EQUIPMENT OR OTHER THINGS THAT ARE SORT OF BEHIND THEIR HOUSES. WE'VE TOLD THEM THAT WE'RE HAPPY TO MEET WITH THEM AND TALK ABOUT THAT ONCE WE HAVE A PLAN AND UNDERSTAND WHAT THOSE IMPACTS ARE TO US AND TO THEM. THIS IS THE FIRST TIME SOMEBODY MENTIONED TEN FEET, BUT I'M HAPPY TO VISIT WITH THEM ABOUT THAT AS WELL. SO WE'RE WE'RE VERY OPEN. WE'VE BEEN VERY COMMUNICATIVE. I SHARED WITH THEM INFORMATION AND BROCHURES ABOUT THE OTHER DEVELOPMENTS WE'VE DONE AND BEEN VERY CANDID WITH BOTH PLANNING AND ZONING AND HERE TODAY THAT WE DON'T HAVE ANY USES DESIGNATED YET, BUT WE ARE MOVING TOWARDS THAT PROCESS. AND AS WE GET TO THAT POINT, WE'RE HAPPY TO MEET WITH THOSE MEMBERS BEFORE WE COME BACK IN FRONT OF PLANNING AND ZONING OR CITY COUNCIL IN OUR NEXT STEP, WHICH WOULD BE A STEP TO MAKE DETERMINATIONS ABOUT THOSE USE SO I CAN MAKE THAT COMMITMENT TO YOU TODAY, THAT WE WILL DO THAT BEFORE THERE'S ANY DECISION BY EITHER BODY ABOUT WHAT THOSE USES WOULD BE. THANK YOU, MR. YEAGER. I THINK I THINK THAT ADDRESSES OUR CONCERN BECAUSE ULTIMATELY, BEFORE ANYTHING IS DONE, THERE WILL BE ANOTHER ISSUE THAT WOULD HAVE TO COME BEFORE PLANNING AND ZONING. SO IT'S THEY'RE NOT GOING TO BE ABLE TO ACT ANY FURTHER OTHER THAN THIS FIRST STEP. SO TO A CERTAIN EXTENT, YES, MR. MAYOR, BUT HE CAN ALSO MAKE A DECISION THAT HE WANTS TO REMOVE ALL THE [02:10:03] TREES BEHIND THAT NEIGHBORHOOD. AND THAT WOULD NOT REQUIRE CITY COUNCIL APPROVAL, AM I CORRECT? TECHNICALLY THAT WOULD BE DEVELOPMENT. SO I WOULD SAY THAT IT NEEDS A SPECIFIC USE PERMIT BEFORE IT STARTS TO CUT DOWN TREES. YEAH. IT REQUIRES A GRADING PERMIT. OKAY. COUNCILMAN TURNER, YOU DON'T HAVE TO EXPLAIN THIS, BUT CAN CAN A STAFF MEMBER EXPLAIN ENCROACHMENT? SOMEBODY EXPLAIN WHAT THAT IS? SO THAT'S A VERY FANCY LEGAL TERM THAT GETS ME ALL EXCITED BECAUSE THAT'S WHAT OUR THAT'S WHAT I WROTE MY PAPER ON IN LAW SCHOOL. YEAH. GOOD, GOOD. SO I KNOW PEOPLE WATCHING MIGHT NOT KNOW I KNOW BUT SO THE RECORD SO THIS IS COUNCILMAN CRENSHAW SPACE AND THAT'S ENCROACHMENT AND I'M NOW ENCROACHING. YES. SO IT'S WHEN THERE IS A DEFINED BOUNDARY LINE IN SOMEONE'S OVER IT, THAT'S ENCROACHMENT. SO YOU SAID IN A NICE WAY. SO THEY OVER THEIR PROPERTY LINE. THAT'S WHAT YOU'RE SAYING. OKAY. THANK YOU. YES. YOU ALSO ASKED ABOUT MANAGEMENT DISTRICTS. DID YOU NEED ME TO ADDRESS THAT OR I DIDN'T I DON'T BELIEVE REGARDING THIS. THANK YOU. OKAY. THANK YOU. IS THERE ANY OTHER DISCUSSION ON ITEM NUMBER 15? NO. ALL RIGHT. WITH THAT, ALL THOSE IN FAVOR OF APPROVING ITEM NUMBER 15, PLEASE SIGNIFY BY SAYING I, I THOSE OPPOSED AGAINST MOTION CARRIES. SO ITEM [16. Council consider a request for a Rezoning from R-S (Residential Single-Family Dwelling) District to GC-MD (General Commercial Multiple-Family Dwelling) or a more restrictive district for property located at 3709 Concord Road.] NUMBER 16 OKAY, I'M GETTING MY READING IN THIS WEEK. COUNCIL CONSIDER REQUESTS FOR REZONING FROM RESIDENTIAL SINGLE FAMILY DWELLING DISTRICT TO GENERAL COMMERCIAL MULTIPLE FAMILY DWELLING OR MORE RESTRICTIVE DISTRICT FOR PROPERTY LOCATED AT 3709 CONCORD ROAD. AND AT A JOINT PUBLIC HEARING ON JULY 2025, THE PLANNING COMMISSION RECOMMENDED SIX ZERO TO DENIED THE REQUEST FOR REZONING AT THAT LOCATION. AND SO RECOMMENDATION IS DENIAL OF THE ORDINANCE. ALL RIGHT. IS THERE A MOTION FOR ITEM NUMBER 16, WHICH IS A DENIAL? OF. OKAY, MOVE, MOVE TO DENY THERE IS A MOTION. IS THERE A SECOND? SECOND THERE'S A MOTION. AND A SECOND. IS THAT A MOTION TO DENY THE DENIAL? NO. NO MOTION TO APPROVE THE ORDINANCE DENIAL. LET'S GET THIS STRAIGHT FOR CLARITY. IT'S TO APPROVE THE DENIAL. SO THERE IS A MOTION AND A SECOND. IS THERE ANY DISCUSSION ON ITEM NUMBER 16? COUNCILMAN CRENSHAW, WHAT DID THE RESIDENTS IN THE AREA SAY? I MEAN, I HATE TO SHUT DOWN A SMALL BUSINESS. I BELIEVE THAT WE RECEIVED ONE. WELL, IT'S A IT'S NOT ESTABLISHED. THE BUSINESS IS NOT ESTABLISHED. WELL, NO, BUT WE'RE BASICALLY STOPPING A TIRE SHOP FROM OPENING. SO WHAT'S GOING ON THERE? THE REASON WHY THIS IS RECOMMENDED DENIAL IS THAT WHEN YOU LOOK AT THE ZONING MAP, THIS ONE IS REZONING AN ACRE FOR A SPECIAL USE, WHICH WOULD BE TO REZONE IT TO ALLOW A TIRE SHOP. AND THAT'S IN A PREDOMINANTLY RESIDENTIAL SINGLE FAMILY NEIGHBORHOOD. BUT THERE'S A FLORIST NEXT DOOR. I BELIEVE THAT THIS IS THE OLD FLORIST SHOP. OKAY, SO THIS USED TO BE COMMERCIAL. IT SO IT WAS GRANDFATHERED. WHEN WE GOT THE ZONING CODE. IT WAS ADOPTED IN 1981. SO THIS IS GRANDFATHERED. BUT AS FAR AS DID NOT OR OBJECTIONS. LET ME CHECK. I WAS ABOUT TO SAY DIDN'T THE RESIDENTS SAY THEY DIDN'T WANT IT? I WANT TO SAY WE RECEIVED AT LEAST ONE. BUT LET ME DOUBLE CHECK FOR YOU. TWO. WE RECEIVED TWO IN OPPOSITION. ONE DIDN'T SAY ANYTHING. ONE SAID, WE DON'T WANT COMMERCIAL LOCATION IN OUR NEIGHBORHOOD. AND I'M NOT SURE WHAT THEY WROTE FOR SOMETHING ABOUT CONTAMINATION. I'M NOT SURE WHAT THEY WROTE ON THAT LAST SENTENCE. BUT THERE WAS TWO IN OPPOSITION. OKAY. AND THIS IS RIGHT BEHIND TARGET, RIGHT? NO, SIR. I WANT TO SAY IT IS. LET ME GO TO THE MAP OR WITHIN A FEW BLOCKS OF TARGET, MAYBE WITHIN A FEW BLOCKS, BUT IT'S NOT. I DON'T BELIEVE IT'S DIRECTLY [02:15:05] BEHIND. NO, THIS IS IN THE NEIGHBORHOOD, ACROSS THE TRACKS, IN THE HOOD. I'LL NEED CLARIFICATION ON WHERE THAT IS. I'LL PULL UP THE MAP RIGHT NOW AND WALK IT AROUND TO YOU GUYS IF YOU'D LIKE. SO. I CAN GO. YES OR NO? IS IT OKAY TO WALK AROUND? YEAH. AND WHAT STREETS IS IT BETWEEN BEARD STREET AND MINGLEWOOD? BEARD STREET AND MINGLEWOOD. OH, CONCORD. THAT'S WHERE IT'S DESIGNATED. THERE'S SOME COMMERCIAL ZONING FURTHER EAST. OH, THE YELLOW IS RESIDENTIAL. I KNOW WHERE IT IS. OKAY, WHERE? SO IT'S RIGHT THERE. WHERE THAT DOT IS OVER HERE IS MORE WHERE THE COMMERCIAL SIDE OF CONFLICTS. OKAY. AND THERE MONICA BROTHERS DOWN THE STREET. WELL, I KNOW, BUT I MEAN, ISN'T THAT WITHIN A VERY SHORT DISTANCE? NO, NO, IN THE WRONG AREA OF TOWN. YEAH. BUT AGAIN THE RECOMMENDATION IS. THAT THIS IS ON THE EAST SIDE OF EAST LUCAS. IT'S ON I DON'T THINK I DON'T THINK IT'S ON THIS SIDE OF EAST LUCAS THAT TARGETS ON. IT'S THE OTHER WAY. IT'S THE OTHER DIRECTION. NEAR WHERE THE RAILROAD GOES OVER. AND PRIMO TACOS IS NEAR WHAT A CHICKEN PLACE IS WHERE THEY DO ALL THE FIGHTING. OH, WELL, I KNOW, IS THAT THE GOLDEN CHICK? IS THAT WHAT THAT IS? NO. WHATEVER THE SHELL STATION OR CLUB SHELL. YEAH, YEAH. CLUB SHELL. ALL RIGHT. WE'RE USING A LOT OF. ISN'T THERE A CHICKEN PLACE THAT JUST OPENED OVER THERE? YEAH, IN THE GAS STATION. IN THAT STRIP, THERE'S LIKE AN AUTOZONE, BUT THERE'S LIKE A DAIRY QUEEN. AND THE OTHER SIDE OF IT THERE WAS. OH, I KNOW THE DAIRY QUEEN. YEAH. KEEP. NOW COME BACK. BY THE WAY, THERE'S A GOLDEN CHICK. GOLDEN. YEAH. YEAH. GOLDEN. SO THAT'S NOT ON THAT AREA OF CONCORD. NO. WE'RE SOME OTHER PART OF CONCORD. EAST LUCAS EAST LUCAS IS WAY FURTHER TO THE WEST WHERE THAT GOLDEN CHICK IS AND WHATNOT. OKAY. ALL RIGHT. ANY OTHER QUESTIONS? ALL THOSE IN FAVOR OF APPROVING ITEM NUMBER 16, PLEASE SIGNIFY BY SAYING AYE. AYE. ANY OPPOSED? THE MOTION IS CARRIED. OKAY. NOW [17. Council consider a request for a Rezoning of a property from RM-H (Residential Multiple Family-Highest Density) District to LI (Light Industrial) District for property located at 5775 Erie Street.] WE'RE GOING TO MOVE ON. MR. CITY MANAGER TO ITEM NUMBER 17. COUNCIL, CONSIDER A REQUEST FOR A REZONING OF PROPERTY FROM RESIDENTIAL MULTIPLE FAMILY HIGH DENSITY DISTRICT TO LIGHT INDUSTRIAL DISTRICT FOR PROPERTY LOCATED AT 5775 ERIE STREET. AND JOINT PUBLIC HEARING BY PNC ON THE 25TH. IT WAS PASSED BY RECOMMENDED FIVE ZERO VOTE, AND IT COMES WITH THE RECOMMENDATION OF APPROVAL OF THE ORDINANCE. MOVE TO APPROVE. SECOND, THERE IS A MOTION AND A SECOND FOR ITEM NUMBER 17. IS THERE ANY DISCUSSION? ALL THOSE IN FAVOR OF APPROVING? YES. DIDN'T WE, WHEN THERE ARE A LOT OF DISCUSSION ABOUT A FENCE, AND DID WE ADD THAT TO THE. IT WAS NOT ADDED AS A CONDITION, BUT IT WOULD BE TOUGH TO TIE A CONDITION TO REZONE. ALTHOUGH DEVELOPMENT WILL REQUIRE DEVELOPMENT WILL REQUIRE A TREE BUFFER, AS IS ANY ANYTHING THAT ABUTS RESIDENTIAL, SINGLE FAMILY OR EVEN A RESIDENTIAL ZONING DISTRICT AROUND IT. IT WILL REQUIRE A TREE BUFFER WITH AN EIGHT FOOT WOOD FENCE. SO THEY'RE GOING TO COME BACK TO US AND WE CAN REQUIRE THAT IT WOULD HAPPEN DURING THEIR DEVELOPMENT PROCESS. SO LIKE WHEN THEY GET A BUILDING PERMIT, THAT'LL BE A SEPARATE VOTE FOR US. IT WOULD NOT IT WOULD NOT, IT WOULD NOT. SO IF UNLESS THEY CHOSE A USE THAT WOULD GO THERE THAT REQUIRED A SPECIFIC USE PERMIT, BUT I BELIEVE WHAT THEY WERE TRYING TO DO THERE WAS TO DO A TRUCK PARK, TRUCK PARKING AND STORAGE FACILITY. THEY ALREADY HAVE A REQUIREMENT FOR A BUFFER THOUGH, AND THEY'VE THEY THEY HAVE A FENCE THERE, IF I'M NOT MISTAKEN. THEY MAY HAVE A FENCE. THERE'S A FENCE ALREADY THERE, I'M NOT SURE. BUT AGAIN DEVELOPMENT IT WOULD REQUIRE A LANDSCAPING SURROUNDING IT. SO THAT REQUIRES THE TEN FOOT TREE BUFFER THAT WOULD GO AROUND THE PROPERTY ABUTTING RESIDENTIAL ZONING DISTRICTS, AND THEN ALSO AN EIGHT FOOT WOOD TALL, SORRY, EIGHT FOOT TALL WOOD FENCE THAT [02:20:04] WOULD GO ANY ANYWHERE THAT'S THERE. THERE'S RESIDENTIAL ZONING DISTRICTS ABUTTING IT. OKAY. ANY OTHER QUESTIONS? ALL THOSE IN FAVOR OF APPROVING ITEM NUMBER 17, PLEASE SIGNIFY BY SAYING AYE. AYE. ANY OPPOSED? THE MOTION IS CARRIED. MR. CITY MANAGER, WOULD YOU TAKE US INTO [PUBLIC HEARING] THE PUBLIC HEARING COUNSEL TO CONDUCT A PUBLIC HEARING TO RECEIVE COMMENTS CONCERNING THE PROPOSED AMENDMENTS OF ARTICLE SIX GAMING SITES AND GAMING MACHINES FROM THE CITY OF BEAUMONT'S CODE OF ORDINANCES. ALL RIGHT. THE PUBLIC HEARING IS NOW OPEN. WE HAVE ANYBODY SIGNED UP TO SPEAK? YES, SIR. JIMMY PEAT, 23, 99 GOLIAD STREET, BEAUMONT, TEXAS. MAYOR AND COUNCIL, THANK YOU FOR THE OPPORTUNITY TO SPEAK. I'VE BEEN HERE A COUPLE OF TIMES. SPEAKING ABOUT THIS ISSUE. I WANT TO REMIND YOU, AS I SAID BEFORE, CITIES ALL ACROSS THE COUNTRY SHOOT THEMSELVES IN THE FOOT BY HAVING AN ABUNDANCE OF LIQUOR STORES AND LOW INCOME COMMUNITIES. BUT A DEARTH OF PRODUCE MARKETS, FINANCIAL INSTITUTIONS AND PUBLIC WORKS LIKE LIBRARIES, PARKS, POOLS. AND I NOTICED I DID A LITTLE RESEARCH. THERE'S 66 GAMING SITES. IF MY ONLINE RESEARCH IS ACCURATE. SO OVER 450 MACHINES. AND I DON'T THINK THAT THOSE GAMING SITES ARE SITUATED ON THE WEST SIDE OF TOWN WITH A MARVELOUS CHRISTMAS DECORATIONS ARE THEY'RE LARGELY IN AREAS I THINK THAT ACTUALLY HARM RATHER THAN ASSIST THE RESIDENTS. SO I ASK YOU, I ENCOURAGE YOU TO STAY THE COURSE. I RECENTLY READ AN ARTICLE ABOUT THIS IN A LOCAL PUBLICATION WHERE SOME OF THE PROTESTING WAS THREATENING LITIGATION, AS IF CITY ORDINANCES COULDN'T BE MADE BECAUSE OF TEXAS LAW. ANOTHER WAS A BUSINESS OWNER SAYING THAT THEY MAY GO OUT OF BUSINESS. AND I THINK IT'S A VERY POOR BUSINESS PLAN INDEED TO COUNT ON THE GAMBLING HABITS OF POOR PEOPLE, TO KEEP YOUR BUSINESS THRIVING. SO I URGE YOU TO STAY THE COURSE AND BAN THIS. IT'S NOT A SPORTING EVENT FOR MANY OF THE RESIDENTS THAT GO THERE. IT'S A IT'S FOOL'S GOLD. AND IN AN EFFORT TO GET MONEY TO PAY BILLS WITH THEIR MEAGER DOLLARS. AND SO I URGE YOU TO STAY THE COURSE AND APPRECIATE THE OPPORTUNITY TO COME UP AND SPEAK ABOUT IT. THANK YOU. THANK YOU SIR. THAT'S ALL I HAVE. MAYOR. ALL RIGHT. WITH THAT, THE PUBLIC [REGULAR AGENDA] HEARING IS CLOSED. MR. CITY MANAGER, MAY WE HAVE THE READING OF ITEM NUMBER 18? COUNCIL, CONSIDER AN ORDINANCE AMENDING ARTICLE SIX OF THE CITY OF BEAUMONT'S CODE OF ORDINANCES TO PROHIBIT GAMING SITES AND GAMING MACHINES WITHIN THE CITY LIMITS, AND IT COMES WITH NO RECOMMENDATION. ALL RIGHT. THERE, IS THERE A MOTION FOR ITEM NUMBER 18? SO MOVED. IS THERE A SECOND? SECOND? THERE'S A MOTION AND A SECOND FOR APPROVAL OF NUMBER OF ITEM 18. IS THERE ANY DISCUSSION. ALL THOSE IN FAVOR OF APPROVING ITEM NUMBER 18 PLEASE SIGNIFY BY SAYING AYE. AYE. ANY OPPOSED? ALL RIGHT. THE MOTION IS CARRIED. MR. CITY MANAGER, MAY WE HAVE THE READING OF ITEM NUMBER 19? COUNCIL, TO CONSIDER AN ORDINANCE TO AMEND SECTION 28 .03. 023E OF THE CITY OF BEAUMONT'S CODE OF ORDINANCES TO PROHIBIT GAMING SITES AND GAMING MACHINES FROM OPERATING WITHIN THE CITY LIMITS, AND IT COMES WITH NO RECOMMENDATION. IS THERE A MOTION FOR ITEM NUMBER 19? SO MOVED. IS THERE A SECOND? SECOND? THERE IS A MOTION AND A SECOND FOR APPROVAL OF ITEM NUMBER 19. IS THERE ANY DISCUSSION, ALL THOSE IN FAVOR OF APPROVING ITEM NUMBER 19? PLEASE SIGNIFY BY SAYING AYE. AYE. ANY OPPOSED? THE MOTION IS [COUNCIL COMMENTS] CARRIED. ALL RIGHT. AT THIS POINT WE'RE GOING TO ENTER COUNCIL MEMBER COMMENTS. AND I BELIEVE THIS TIME WE START WITH COUNCILMAN DARIO. OH, ONLY THING I HAVE TO SAY, IF WE COULD CHECK ON MR. CASTILLO'S COMPLAINT ABOUT THE 1463 SOUTH MLK AND FIND OUT WHAT'S GOING ON WITH HIM, GET IN TOUCH WITH HIM. AND. ABOUT IT. I'M NOT. THAT'S IT. ALL RIGHT. COUNCILMAN TURNER. [02:25:03] ALL I ASK IS, YOU KNOW, AS A COUNCIL. AND WHEN WE HAVE CITIZENS COME TO THE DAIS AND THEY ASK FOR THINGS, TO COMPLAIN ABOUT THINGS, CAN WE PLEASE BE AS CONSIDERED AS WE CAN TO WORKING TO SOME FORM OF A SOLUTION TO WHAT OUR CITIZENS ARE COMING TO DO? ONE THING I'M NOT OKAY WITH IS TO BE TOLD THERE'S NOTHING WE CAN DO. I WANT TO FIGURE OUT A WAY WE CAN ACCOMMODATE AND WORK WITH THE PEOPLE WHO ARE ACTUALLY LIVING IN THIS RESIDENCE. HOW CAN WE HELP THEM? I DON'T BELIEVE, AND I'M NOT OKAY WITH A NO, WE CAN'T DO IT. I WANT TO SEE SOME FORM OF A SOLUTION TO KIND OF WORK TOWARDS IT. ANOTHER THING I'M BIG ON IS JUST, I'VE LEARNED, EVEN WITH APPROVING THINGS, WE WANT TO MAKE SURE WE GET ALL THE DETAILS AND THE FINE DETAILS PRIOR TO SAYING YES. SO, YOU KNOW, WE APPRECIATE YOU GOING THROUGH THOSE PROCESSES. AND, YOU KNOW, I'M LOOKING FORWARD TO NEW DEVELOPMENT. AND FOR A DEVELOPER TO COME TO THIS CITY AND BE WILLING TO WORK WITH THE CITIZENS, I JUST WANT TO SAY THANK YOU. THANK YOU, COUNCILMAN. COUNCILWOMAN SHERWOOD, I'D LIKE TO PIGGYBACK ON COUNCILMAN DARIO, THE RED TAG PROPERTY. I'D LIKE TO LOOK INTO THAT AND FIGURE OUT WHAT'S GOING ON WITH THAT. I'D LIKE TO ALSO SAY CONGRATULATIONS. WARD THREE. ON NEARING COMPLETION OF SEVERAL PROJECTS, PARTICULARLY PINE STREET AND COLLIER'S FERRY AND ALL OF THE GOOD THINGS THAT ARE HAPPENING IN WARD THREE. THANK YOU ALL. AND IN AN EFFORT TO ADDRESS COUNCILMAN TURNER'S ISSUE WITH CUSTODIAL PARENTS, IT'S A DIFFICULT TASK. SOMETIMES WE RUN INTO SITUATIONS WHERE, AS PARENTS, THINGS ARE UNFORTUNATE AND WE TRY OUR BEST NOT TO CREATE TRAUMA AND FOOLISHNESS AND INCORPORATE OUR KIDS IN UNNECESSARY DRAMA AND THINGS OF THAT NATURE. UNFORTUNATELY, AS PARENTS, OFTENTIMES WE'VE GOT TO GOVERN OURSELVES ACCORDINGLY, AND IT'S UNFORTUNATE, BUT I THINK SOMETIMES GOVERNING OURSELVES ACCORDINGLY AS PARENTS IS OUTSIDE OF THE SCOPE OF COUNCIL. NEVERTHELESS, I AM INTERESTED IN IF THERE IS ANYTHING LEGALLY THAT COUNCIL CAN DO TO PARTICIPATE IN AN EFFORT TO DETER CERTAIN NEGATIVE ACTIONS THAT MAY BE HAPPENING AT THESE PARENT ENCOUNTERS WITH KIDS BECAUSE THEY THEY ARE WATCHING. THAT'S IMPORTANT. I'D ALSO LIKE TO SAY CONGRATULATIONS TO 409 SWIM ON A SUCCESSFUL SECOND SEASON. THEY FINISHED THIRD IN THE BIG MEET. SHOUT OUT MY SON PRINCE, WHO DID WELL IN SEVERAL MEETS. I'M LOOKING FORWARD TO GROWING PARTICIPATION IN 409 SWIM AND EXTENDING THEIR CONTRACT INTO THE FUTURE AS IT COMES TO A CLOSE. AND I'D ALSO LIKE TO SAY THANK YOU TO THE DEVELOPERS THAT ARE COMING HERE TO INCREASE OUR TAX REVENUE. BEAUMONT IS, IN FACT, OPEN FOR BUSINESS AND WE SET THE TONE. I'M EXCITED ABOUT THAT. LET'S GET TO WORK. THANK YOU. THANK YOU. COUNCILWOMAN. COUNCILMAN CRENSHAW, NO COMMENTS, MADAM CITY ATTORNEY. SO AGAIN, I KNOW THAT ITEM NUMBER EIGHT WAS VERY SENSITIVE, AND I SHARE THOSE CONCERNS WITH THOSE PARENTS AND THE THINGS THAT THEY GO THROUGH. AND SOME OTHER CITIES, THEY DO HAVE WHAT THEY CONSIDER POSITIVE DROP OFF ZONES OR PARENT DROP OFF ZONES. THOSE AREAS ARE MONITORED BY CAMERAS. THEY CAN REVIEW THOSE TAPES TO SEE IF THINGS HAPPEN IN THOSE THAT INFORMATION IS AVAILABLE TO PARENTS FOR THEM TO USE IN IN THEIR CASES, TO SHOW THAT THEIR PARENT IS EITHER NOT PARTICIPATING OR NOT DOING THEIR PART. THERE'S ALSO SOME PARENT APPS FOR COMMUNICATION THAT, YOU KNOW, CONNECT TO THOSE AS WELL. SO SOME OF THE CITIES THEY ARE, YOU KNOW, IMPLEMENTING THOSE DROP OFF ZONES AS PLACES THAT ARE MONITORED WITH CAMERA THAT THAT ARE OWNED AND OPERATED BY THE CITY, THAT THAT OPERATES AS SAFE SPACES TO DROP OFF, BUT ALSO RECORDED SPACES. SO WHEN INCIDENTS OCCUR, THAT MIGHT BE SOMETHING WE LOOK UP. I KNOW OUR PARKING LOT IS USED A LOT OF TIMES FOR THAT REASONS, AND THERE ARE OTHER PLACES AROUND THE CITY THAT ARE USED BUT THAT HAVE CAMERAS FOR THAT PURPOSE AND THAT ARE THAT ARE USED FOR THAT PURPOSE. BUT THESE DESIGNATED DROP OFF SPOTS ARE SPECIFICALLY FOR THOSE PATIENTS. THE CAMERAS ARE DIRECTLY IN THE SPOTS WHERE THEY NEED TO BE, AND SOME OTHER CITIES ARE UTILIZING THAT AS A WAY TO BE PROACTIVE TO HELP THEIR CITIZENS. SO THAT MIGHT BE SOMETHING COUNCIL WANTS TO CONSIDER LOOKING INTO AND DESIGNATING ONE OR MORE SPOTS AROUND THE CITY FOR THAT PURPOSE. IT DOESN'T ELIMINATE THE PRESSING CONCERN TO, YOU KNOW, HAVE IMMEDIATE ACTION TAKEN, BUT IT DOES OFFER SOME SOME SUPPORT TO SHOW THAT THAT PERSON DIDN'T SHOW UP OR THAT PERSON, YOU KNOW, DIDN'T COMPLY. AND THOSE PARENTS CAN USE THEM IN THEIR COURT HEARINGS. THERE'S REALLY NOT, UNFORTUNATELY. A LOT OF THINGS THAT WE COULD DO TO INTERFERE WITH EXISTING COURT [02:30:05] ORDERS WITHIN OUR PLAN, BUT THAT IS SOMETHING THAT WE COULD WE COULD DO TO ASSIST IN THAT. THANK YOU. MISS VILLAREAL. YES, SIR. IN RELATION TO THE QUESTION ABOUT THE SIGNAL ON CALDER AT I-10, WHICH MENTIONED THAT SITUATION, WE ALSO GET A HIGH VOLUME OF QUESTIONS ABOUT THE SIGNAL ON WASHINGTON AT I-10, AND JUST KIND OF WANTED TO GIVE A QUICK SUMMARY. WHEN THE I-10 PROJECT STARTED, WE WERE HAVING ROUTINELY CARS BACKING UP ONTO THE MAIN LANES OF I-10, CAUSING SERIOUS SAFETY ISSUES. AND THAT WAS THEN WHEN TXDOT AND THE CITY AGREED TO SET THE SIGNAL TO A FLASHING RED. AFTER THAT WORK WAS DONE, WE WENT BACK TO NORMAL OPERATIONS, BUT THEN DAMAGED BY THE CONTRACTOR TO THE CABLE THAT CONNECTS THE SIGNALS TO THE CONTROL CABINETS HAS CAUSED FREQUENT MALFUNCTIONS DURING RAIN EVENTS. SO IN LIGHT OF THE ONGOING WORK IN THE AREA, KEEPING THE TRAFFIC FROM STACKING UP ONTO THE MAIN LANES, BOTH THE CITY AND TXDOT AGREED TO KEEP THAT SIGNAL ON A FLASHING RED AS A MOST EFFECTIVE INTERIM MEASURE. AS THIS CONSTRUCTION CONTINUES. SO THAT'S KIND OF THE BACKSTORY WHY IT IS STILL REMAINING ON FLASHING RED, THAT'S ALL. THANK YOU, THANK YOU. SO I DID HAVE OR I DID LOOK INTO THE RED TAG PROPERTY, OR AT LEAST MY DEMOLITION COORDINATOR REACHED OUT TO ME DURING THIS MEETING AFTER HE HEARD SOME OF MR. LAWRENCE'S CONCERNS. HE HAS BEEN WORKING WITH HIM AND OVER THE PAST MONTH HE HAS SEEN PROGRESS AS WE DO PERIODIC INSPECTIONS AND CHECK UPS. ONE OF THE THINGS THAT MR. LAWRENCE RELAYED TO OUR STAFF WAS THAT HE WOULD BE ABLE TO CORRECT THE ISSUES WITHIN A MONTH, SO IN RESULT, WE PUSHED BACK OUR REINSPECTION DATE UNTIL THE END OF AUGUST. SO I WANT TO REITERATE THAT OUR STAFF IS COMMITTED TO WORKING WITH THE PROPERTY OWNER, AND IF THERE IS PROGRESS BEING MADE, WE CERTAINLY WILL ALLOW EXTENSIONS AS BEST THAT WE CAN OR AS BEST AS THE LAW ALLOWS. BUT WE ARE WORKING WITH MR. LAWRENCE ON THAT PROPERTY. THANK YOU. MR. BRUCE. ARE. ON AUGUST 11TH. WE'RE GOING TO HAVE A BOND WORKSHOP. IT'LL BE AT 1 P.M. AND AUGUST 12TH. WE HAVE A SPECIAL COUNCIL MEETING TO DISCUSS POSSIBLE BOND ISSUES AND CALL AN [EXECUTIVE SESSION] ELECTION. THANK YOU. AND WITH THAT, WE'RE GOING TO BE ADJOURNING INTO EXECUTIVE SESSION TO DISCUSS OR DELIBERATE ECONOMIC DEVELOPMENT NEGOTIATIONS IN ACCORDANCE WITH SECTION 55 1.087 OF THE GOVERNMENT CODE, TO WHICH SPECIFICALLY PROJECT CEMENT. I WANTED TO READ THAT IN SINCE I MISSPOKE * This transcript was compiled from uncorrected Closed Captioning.