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HomeMy WebLinkAbout11/03/2020 PACKETBEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, NOVEMBER 3, 2020 1:30 PM CONSENT AGENDA * Approval of minutes — October 27, 2020 Confirmation of board and commission member appointments A. Authorize the City Manager to apply for and accept a Routine Airport Maintenance Program (RAMP) Grant from the Texas Department of Transportation (TxDOT) Aviation Division B. Authorize a one year contract with the Downtown Beaumont Cultural Arts District (DBCAD) for FY 2021 C. Approve a resolution rejecting all bids received for the Lawson's Canal Reclamation Debris Hauling Contract D. Authorize the settlement of the claim of Akilia Bell BEAUMONT A TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: November 3, 2020 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to apply for and accept a Routine Airport Maintenance Program (RAMP) Grant from the Texas Department of Transportation (TxDOT) Aviation Division. BACKGROUND TxDOT's Aviation Division provides a RAMP Grant to assist local governments with general airport maintenance and repairs. If approved, the grant funds will be used toward the City's share of operating costs at -the Beaumont Municipal Airport including, but not limited to, taxiway lighting, runway maintenance, airspace right-of-way tree clearance, as required by the FAA, satellite service and quarterly FAA inspections for the Automated Weather Observation System (AWOS). FUNDING SOURCE TxDOT Aviation in the amount of $50,000 and City's match of $50,000from the Beaumont Municipal Airport Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to apply for and receive funding for the City of Beaumont in an amount up to $50,000.00 from the Texas Department of Transportation (TxDOT) Aviation Division for the Routine Airport Maintenance Program (RAMP) Grant for Beaumont Municipal Airport general airport maintenance and repairs. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of November, 2020. - Mayor Becky Ames - BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager . PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: November 3, 2020 REQUESTED ACTION: Council consider a resolution authorizing a one year contract with the Downtown Beaumont Cultural Arts District (DBCAD) in the amount of $30,000 for FY -2021. . BACKGROUND The City is entitled to utilize revenues derived from the hotel -motel occupancy tax to promote the arts. The City will. provide funding to DBCAD to enhance tourism and the hotel industry by planning and presenting special events and activities. Funds are to be provided to DBCAD as a flow -through to other programs and exhibitions that bring artists to the area and promote further . development in the Central Business District. DBCAD will ensure Hotel_ Occupancy Tax funds are used appropriately by the receiver programs and exhibitions. FUNDING SOURCE Hotel Occupancy Tax Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a one-year financial assistance agreement, substantially in the form attached hereto as Exhibit "A," between the Downtown Beaumont Cultural Arts District (DBCAD) and the City of Beaumont in the amount of $30,000.00 for FY 2021. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of November, 2020. - Mayor Becky Ames - STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMENT This agreement between the City of Beaumont, a municipal corporation, herein called "City", and the Downtown Beaumont Cultural Arts District, herein called "DBCAD", is as follows: WITNESSETH: WHEREAS, V.T.C.A., Tax Code Section 351.001 et.seq., authorizes the City to levy by ordinance, a hotel tax which may not exceed seven percent (7%) of the consideration paid by a hotel occupant; and WHEREAS, V.T.C.A. Tax Code Section 351-.101 (a)(4), authorizes the City to use a portion of the revenues derived from its hotel occupancy tax for the encouragement, promotion, improvement and application of the arts, including instrumental and vocal music, dance, drama, folk art, creative writing, architecture, design and allied fields, painting, sculpture, photography, graphic and craft arts, motion pictures, radio, television, tape and sound recording, and other arts related to the presentation, performance, execution and exhibition of these major art forms; and, for projects that directly enchance and promote tourism and enhance and promote convention activities. WHEREAS, under the authority of V.T.C.A. Tax Code Section 351.101(a)(4), the City desires to provide financial assistance to DBCAD. NOW, THEREFORE, the City and DBCAD agree as follows: 1. City agrees to pay to DBCAD the amount of Thirty Thousand ($30,000) Dollars. The payment provided for herein will be made quarterly in the amount of EXHIBIT "A" Twenty -Five Hundred ($7,500) Dollars per quarter commencing October 1, 2020 from funds as available and collected from the hotel occupancy tax. Any funds not expended by DBCAD will be retained by DBCAD to be reallocated for similar purposes by approval of City. 2. All expenditure of funds shall be reasonably related to the purposes established by V.T.C.A. Tax Code Section 351.101(a)(4). 3. The DBCAD is an independent contractor and is not an officer, agent or employee of the City. 4. In return for the payments provided for herein, DBCAD agrees to operate for the period October 1, 2020 to September 30, 2021. 5. The DBCAD shall submit quarterly reports in the format provided by the City reflecting the activities of DBCAD as they relate to this contract. The DBCAD shall submit such reports quarterly commencing January 15, 2021. 6. The City Manager of City or his designated representative shall, upon reasonable notice, have the right to inspect all books and records of the DBCAD. 7. Upon termination of this agreement or any extension thereof, unless it be renewed, the DBCAD shall deliver to the City all funds paid under this contract that it may have and all removable personal property that may have been purchased with funds derived from said tax. 8. Funding under this contract will require that should a seminar be held during the term of this contract designed to assure that expenditures of Hotel Occupancy Tax funds are made in compliance with the Act, a representative of DBCAD will attend the seminar. 9. DBCAD agrees to indemnify, save harmless, and defend the City of Beaumont from any and all claims, causes of action and damages of every kind arising from the operations of DBCAD, its officers, agents and employees, including the officers, agents, and employees involved in DBCAD operation and specifically including herein any and all acts of negligence by the City of Beaumont, its agents, officers or employees, carried out under the terms of this agreement. EXECUTED this the day of 12020. ATTEST: AO - City Clerk ATTEST: in Name: Title: CITY OF BEAUMONT in Kyle Hayes City Manager Downtown Beaumont Cultural Arts District Name: Title: C BEAU-MONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: November 3, 2020 REQUESTED ACTION: Council consider a resolution rejecting all bids received for the Lawson's Canal Reclamation Debris Hauling- Contract. BACKGROUND The project consists of the excavation and removal of approximately 8,500 cubic yards of backfill material, existing vegetation, and construction debris from the designated site location. on Marina Drive. Six vendors attended the pre -bid meeting and two responses were submitted. All submitted bids were incomplete. Until a bid is awarded the bid tab is not made public in order to preclude an unfair competitive advantage in future bids. The project will be rebid at a later date. FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, on October 22, 2020, two (2) bids were received to furnish all labor, materials, equipment, and supplies for the Lawson's Canal Reclamation Debris Hauling Contract Project; and, WHEREAS, the Water Utilities Administration evaluated the two (2) bids and found that the bids contained incomplete documentation; and, WHEREAS, it is the recommendation of City of Beaumont Water Utilities Administration to reject the bids and rebid the project at a later date; and, WHEREAS, the City Council finds it is not in the best interest of the citizens of Beaumont to accept the bids for the Lawson's Canal Reclamation Debris Hauling Contract Project and that said bids should be rejected; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council does hereby reject the bids received for the Lawson's Canal Reclamation Debris Hauling Contract Project. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of November, 2020. - Mayor Becky Ames - 1*1 BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Sharae N. Reed, First Assistant City Attorney MEETING DATE: November 3, 2020 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the claim of Akilia Bell. F-INVOM"�01 li ►E This matter was presented and discussed in Executive Session held on October 27, 2020. The City Attorney is requesting authority to settle this claim in the amount of $5,900.00. FUNDING SOURCE General Liability Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, the claim of Akilia Bell was discussed in Executive Session properly called and held on Tuesday, October 27, 2020; and, WHEREAS, the City Attorney is requesting authority to settle this claim; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Attorney be, and is hereby, authorized to settle the claim of Akilia Bell for the sum of Five Thousand Nine Hundred and 00/100 Dollars ($5,900.00); and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents related to settlement of the claim. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of November, 2020. - Mayor Becky Ames - BEAUMONT REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, NOVEMBER 3, 2020 1:30 PM AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognitions Public Comment: Persons may speak on the Consent Agenda * Consent Agenda PUBLIC HEARING . Receive comments related to the City's Juvenile Curfew Ordinance GENERAL BUSINESS 1. Consider readopting the Juvenile Curfew. Ordinance WORK SESSION Review and discuss the City's Emergency Management Plan PUBLIC HEARING Receive comments regarding the City's Emergency Management Plan COMMENTS * Public Comment (Persons are limited to 3 minutes) * Councilmembers/City Manager/City Attorney comment on various matters Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at 880-3777. PUBLIC HEARING * Receive comments related to the City's Juvenile Curfew Ordinance 1 November 3, 2020 Consider readopting the Juvenile Curfew Ordinance BEAUMONT TO: FROM: PREPARED BY: MEETING DATE: City Council Kyle Hayes, City Manager James Singletary, Chief of Police November 3, 2020 REQUESTED ACTION: Receive a report relating to the City's Juvenile Curfew Ordinance. Second, conduct a public hearing to receive. comments relating to the readoption of the Juvenile Curfew Ordinance. Lastly, Council consider readopting the Juvenile Curfew Ordinance. BACKGROUND Texas Local Government Code 370.002 requires that a home -rule municipality which has adopted a juvenile curfew ordinance periodically review the ordinance and its effect on the community and identify any problems with the ordinance or problems the ordinance was intended to remedy. The statute also provides for abolishing, continuing, or modifying the ordinance. In July 1994, following public review, the City Council adopted Ordinance No. 94-34 which created a new Chapter 9 establishing a curfew for minors. In 1995, Ordinance 95-37 was adopted which modified the curfew hours for minors .The Ordinance has been reviewed and adopted as required, with the latest being in 2017, Ordinance 17-073. The Curfew Ordinance has been extensively reviewed by the Police Department and determined to be effective in regard to promoting the safety and wellbeing of the city's youngest citizens. Renewal of this ordinance serves to promote the general welfare and protection of the public through the reduction of juvenile violence and crime within the city. FUNDING SOURCE None. RECOMMENDATION Approval of the ordinance. City of Beaumont Juvenile Curfew Ordinance Statistical Information Police Action 01/01/2018 - 01/01/2019 - 01/01/2020 — Totals 12/31/2018 12/31/2019 10/27/2020 Cu rfew 60 40 42 142 Violations Juvenile Warning 546 511 267 1324 Notices All crimes between 5137 5202 3433 13,772 Midnight and 6AM 01/01/2015-10/27/2017 01/01/2018—10/27/2020 Curfew Violations 189 142 Juvenile Warning 1524 1324 Notices All crimes between 13,194 13,772 Midnight and 6AM ORDINANCE NO. ENTITLED AN ORDINANCE REVIEWING AND READOPTING ARTICLE 12.03 OF THE CODE OF ORDINANCES ESTABLISHING A CURFEW FOR MINORS; ESTABLISHING HOURS AND DEFINITIONS; PROVIDING A PENALTY CLAUSE; CITING SPECIFIC EXCEPTIONS AND DEFENSES; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. WHEREAS, the Texas Local Government Code Section 370.002 requires the City Council to conduct a public hearing on the need to continue a Juvenile Curfew Ordinance; and, WHEREAS, the City Council has reviewed the ordinance's effects on the community and on the problems the ordinance was intended to remedy; and, WHEREAS, the City Council is of the opinion that sufficient need exists to continue the Juvenile Curfew Ordinance within the City of Beaumont, Texas: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. THAT Chapter 12, Article 12.03 of the Code of Ordinances of the City of Beaumont is hereby readopted to read as follows: ARTICLE 12.03 CURFEW FOR MINORS Sec.12.03.001 Purpose. The purpose of this ordinance is to: (1) Promote the general welfare and protect the general public through the reduction of juvenile violence and crime within the city; (2) Promote the safety and well-being of the city's youngest citizens, persons under the age of seventeen (17), whose inexperience renders them particularly vulnerable to becoming participants in unlawful activities, particularly unlawful drug activities, and to being victimized by older perpetrators of crime; and, (3) Foster and strengthen parental responsibility for children. Sec.12.003.002 Definitions. Curfew hours for minors: Sunday 11:00 p.m. to 6:00 a.m. Monday 11:00 p.m. to 6:00 a.m. Tuesday 11:00 p.m. to 6:00 a.m. Wednesday 11:00 p.m. to 6:00 a.m. Thursday 11:00 p.m. to 6:00 a.m. Friday 12:00 a.m. to 6:00 a.m. Saturday 12:00 a.m. to 6:00 a.m. Emergency. An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, any situation requiring immediate action to prevent serious bodily injury or loss of life, or a serious medical condition of sudden onset. Establishment: Any privately -owned or leased place of business or leased public facility operated for a profit to which the public is invited, including but not limited to, any place of amusement or entertainment, such as theaters and game rooms. Guardian: A person who: (1) Under court order, is the guardian of the person of a minor; or (2) Is a public or private agency with whom a minor has been placed by a court. Minor. Any person under seventeen (17) years of age who has not been emancipated by court order pursuant to Chapter 31 of the Texas Family Code. Operator. Any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation. Parent: A person who is: (1) A person who is a minor's biological, adoptive, or step-parent and who has legal custody of a minor (including either parent, if custody is shared under a court order or agreement); (2) A person who is the biological or adoptive parent with whom a minor regularly resides; (3) A person judicially appointed as a legal guardian of the minor; and/or, (4) A person eighteen (18) years of age or older standing in loco parentis (as indicated by the authorization of an individual listed in part(s)(a), (b) or (c) of this definition, above, for the person to assume the care or physical custody of the child, or as indicated by any other circumstances). Public place: Any place to which the public or a substantial group of the public has access and includes, but is not limited to, parks, streets, highways, the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, shops, shopping malls, and shall include parking facilities adjacent to the same. Remain: (1) Linger or stay at or upon a place (premises); or (2) Fail to leave the place/premises when requested to do so by a police officer or the owner, operator, or other person in control of the place/premises. Serious bodily injury: Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. Sec. 12.03.003 Offenses. (a) It shall be unlawful for any minor to knowingly remain in or upon any public place, or to remain in any motor vehicle operating or parked therein or thereon, or to remain in or upon the premises of any establishment within the city during curfew hours for minors. (b) A parent or guardian of a minor commits an offense if he or she knowingly permits, encourages, or by insufficient control allows a minor to remain in or upon any public place, or to remain in any motor vehicle operating or parked therein or thereon, or to remain in or upon the premises of any establishment within the city during curfew hours for minors. (c) The owner, operator, or any employee of any private establishment or the lessee of any public facility commits an offense if he or she knowingly permits, allows, or encourages a minor to remain in or upon the premises of the establishment during curfew hours for minors. (d) It shall be unlawful for any person (including any minor) to give a false name, address, date of birth, or telephone number to any officer investigating a possible violation of this section. Sec. 12.03.004 Defenses. (a) It is a defense to prosecution under offenses that the minor was: (1) Accompanied by the minor's parent or guardian; (2) Accompanied by an adult authorized by a parent or guardian; (3) On an errand at the direction of the minor's parent or guardian, and the minor has in his or her possession a writing signed by the parent containing the following information: the name, signature, address and telephone number of the parent authorizing the errand, the telephone number where the parent may be reached during the errand, the name of the minor, and a brief description of the errand, the minor's destination(s) and the hours the minor is authorized to be engaged in the errand; (4) In a motor vehicle involved in interstate travel; (5) Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop; (6) Involved in a case of "reasonable necessity" after parental notification of the police; (7) Involved in an emergency; (8) On the sidewalk abutting the minor's residence or abutting the residence of a next door neighbor if the neighbor did not complain to the police department about the minor's presence; (9) Attending an official school, religious, or other recreational activity supervised by adults and sponsored by, the City of Beaumont, a civic organization, or another similar entity that takes responsibility for the minor, as well as going to or returning home from the same, without any detour or stop; (10) Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; (11) Married or had been married or had disabilities of minority removed in accordance with Chapter 31 of the Texas Family Code; or, (12) Engaged in lawful volunteer or charity work at a recognized charity institution or is going to or coming from such activity without detour or stop. (b) It is a defense to prosecution under section 12.03.003© that the owner, operator, or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave. Sec. 12.03.005 School age to be in school. (a) Compulsory school age to be in attendance at school; parental duties imposed. (1) No minor between the ages of six (6) and sixteen (16), inclusive, other than a minor that has been suspended or expelled from school, shall be at any place within the city except in attendance at school between the hours of 9:00 a.m. and 3:00 p.m. during any official school day, unless the minor has written proof from school authorities excusing him or her from attending school at that particular time, or unless the minor is accompanied by a parent or legal guardian, or a responsible adult selected by the parent or legal guardian to supervise the minor. (2) Each parent or legal guardian of a minor between the ages of six (6) and sixteen (16), inclusive, shall have a duty to prohibit the minor from behaving contrary to subsection (a)(1) of this section. No person shall fail to fulfill the duty imposed by the section. (3) Any person who violates subsection (a)(2) of this section is guilty of failing to supervise a minor of compulsory school age. (b) Children suspended or expelled from school to remain under supervision; parental duties imposed. If a minor between the ages of six (6) and sixteen (16), inclusive, is suspended or expelled from school, then each parent or legal guardian of the minor shall have the following duties for the duration of the suspension or expulsion: (1) The duty to personally supervise the minor, or to arrange for a responsible adult to supervise the minor, at the times that the minor would have been required to be in attendance at school had he or she not been suspended or expelled; and, (2) The duty to prohibit the minor from being at any establishment or public place at the times that the minor would have been required to be in attendance at school had he or she not been suspended or expelled, except in the circumstances found in section 12.03.004 hereof. (c) No minor between the ages of six (6) and sixteen (16), inclusive, that has been suspended or expelled from school shall fail to comply with supervision provided or arranged by a parent or legal guardian pursuant to subsection (b) of this section. (d) No minor between the ages of six (6) and sixteen (16), inclusive, that has been suspended or expelled from school shall be in any establishment or public place at the times that he or she would have been required to be in attendance at school or employment had he or she not been suspended or expelled, except in the circumstances described in section 12.03.004 hereof. Sec.12.03.006 Penalties. (a) It shall be unlawful to intentionally, knowingly, recklessly, or with criminal negligence violate this section. Such violation shall be a Class C misdemeanor punishable by a fine not to exceed five hundred dollars ($500). (b) A person who violates a provision of this chapter is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. (c) When required by Section 51.08 of the Texas Family Code, as amended, the municipal court shall waive original jurisdiction over a minor who violates section 12.03.003(a) and shall refer the minor to juvenile court. Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of November, 2020. - Mayor Becky Ames - WORK SESSION Review and discuss the City's Emergency Management Plan PUBLIC HEARING Receive comments regarding the City's Emergency Management Plan