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HomeMy WebLinkAboutPACKET AUG 21 1984 AGENDA REGULAR SESSION OF THE CITY COUNCIL AUGUST 21, 1984 CITY COUNCIL CHAMBERS 1:15 P.M. * Invocation. * Pledge of Allegiance. * Roll call . * Proclamations. * Consent Agenda. I. a. An ordinance changing the zoning from RM-H (Residential Multiple Family-High Density) to GC-MD (General Commercial-Multiple Dwel- ling) at 6395-6425 Highway 105. b. An ordinance granting a Specific Use Permit for storage ware- houses at 6395-6425 Highway 105. 2. A resolution authorizing Change Order No. 4 to the contract for renovation of the recreation building on Tyrrell Park. 3. A resolution authorizing purchase of pit sand and clay. 4. A resolution authorizing purchase of asbestos cement water pipe. 5. A resolution authorizing the extension of the Selective Traffic En- forcement Program grant with the State of Texas. 6. A resolution authorizing purchase of medical equipment. 7. A resolution authorizing purchase of data processing equipment. 8. An ordinance establishing rates for Liberty Tele-Communications, Inc. Other business. Hear citizens. Recess. RECONVENE FOR WORK SESSION. 1. August 17, 1984 Council Memo 216 Honorable Mayor and Members of City Council Subject: Status of Postponement of Request for Zone Change and Specific Use Permit on Highway 105 It is standard procedure that requests for Specific Use Permits and zone changes receive Council consideration as quickly as possible after the joint public hearing requirement is completed. Normally, this occurs within one week after the joint public hearing. I In the case of Mr. Johnny Conn, the staff followed the normal procedure and placed the item for Council consideration on the regular Council meeting agenda of August 14, 1984. During the week between the public hearing and the Council meeting, Mr. Conn notified Sherell Cockrell , Planning Director, that he wished to postpone action of This item until a later date. The staff contacted him prior to the Council meeting in order to determine a more definite time period. At that point, Mr. Conn stated that he wished a one-month delay in Council action on his request and that he would be following this request for post- ponement by a letter to the Planning Department stating his reasons. He did indicate that he wished "more time to think it over" as a reason for delay. Since the initial postponement on August 14th, we have attempted to contact Mr. Conn with respect -to this issue and have been unable to do so. As of this date, we still have not received any written communication from him. Hug Earnest Acting City Manager Autjust 17, 1984 CCouncil Letter No. 698 Honorable Mayor and Members of City .Council Subject: Zone change from RM-H to GC-MD and a specific use permit for storage warehouses on property located at 6395-6425 Highway 105. GENERAL INFORMATION Applicant Johnny Conn Status of Applicant property owner Requested Action zone change from RM-H to GC-MD (General Commercial - Multiple Dwelling) and a specific use permit for storage warehouses Representative Uses in GC-MD banks , multi-family, auto repair, offices , used car lots , hotels , department stores and restaurants Existing Zoning RM-H (Residential Multiple Family - High Density) Location 6395-6425 Highway 105 Size 218 x 476 , 2 . 37 acres Existing Land Use residential Surrounding Zoning and Land Use north - (across 105) RM-H and RS , apartments east - R11-H, single family residential south - RS , vacant west - RrI-H, vacant single fami- ly residence Zone Changes in Vicinity RS to RM-H for 5 . 7 acres to the west approved 12-23-80 Comprehensive Plan Stable Area Page 2 SPECIAL INFORMATION Public Utilities in Highway 105 Sanitary Sewer: 10 inch line Water: 8 inch line Streets Highway 105 is designated as a major arterial and has a 100-foot right-of-way and 64-foot pavement. Fire Protection Station #8 , 6297 Highway 105 ZONE CHANGE: ANALYSIS - Predominant character of surrounding area is medium to low density residential dwellings. - The amount of linear transition, without an effective buffer, is in excess of 1400 feet. - The depth of the subject parcels exceeds the general accented maximum of 300 feet for highway commercial development . - GC-MD zoning for the subject tracts will constitute spot zoning in that it is contrary to the comprehensive plan, incompatible with adjacent uses , and bestows a special privilege to the owners which is not enjoyed by other property owners in the area. - GC-MD zoning of the subject property constitutes the start of strip commercial development on Highway 105 which is character- ized by an alternating checkerboard pattern of developed and vacant properties . - A change to GC-MD will generate future zone changes in the immeidate area in order to establish a compatible development pattern. - The application is contrary to the planning principle which states that commercial zoning should be located at major inter- sections and not originate in mid-block. STAFF RECOMMENDATION Staff recommends denial of the request for GC-MD. The reco.;snenda- tion is based on: - the request constitutes spot zoning; Page 3 C RECOMMENDATION (cont -d) - the request would contribute to strip commercial development on Highway 105 ; and the request would affect the otherwise predominant single family and multi-family residential character of the areas SPECIFIC USE PERMIT: ANALYSIS [See Specific Use Permit Review. STAFF RECOMMENDATION Specific use permit approval requires compliance with all eight conditions. Staff finds that Conditions 1, 2 , and 8 have not been met and, based on this finding, recommends denial of the specific use permit. PUBLIC NOTIFICATION AND RESPONSE Notices Mailed to Property Owners 18 Responses in Favor of Request 0 Responses Opposed to Request 2 PLANNING COMMISSION RECOMMENDATION The Planning Commission recommended denial of the request by a vote of 6 to 0. The City Manager recommends denial of the ordinance. 0�f4 '0�;� Hugh Earnest Acting City Manager cc: Sherell J. Cockrell, Planning Director Pace 4 ZP=C:FIC USE PERMIT REVIEW ORDINANCE REQUIREMENTS PROPOSAL 1. Description of processes and------------mini-storace warehouses ; activities. 2 employees ; 7 days , 8-5 . r 2 . Boundaries of area covered by site ------218 x 476 plan with dimensions. 3. Ex- sting and =roposed building locations with: - number of stories ; -------------------one - height ; ------------------------------1 0 feet - cross floor area; --------------------9900 ft sq - entrances and exits. -----------------±rom Highway 105 i 4• Existing dralnage loca-lcn-c and ---------north to Highway 105 direction of flow. 5• nr_oposed landscaping and screening ------.ordinance requires 10-foot b :r'ers. landscaped buffer to surround 6- Location and di--nensions of: sides - curb cuts (Existing and proposed) --- 2 existing at 18-feet each - public and private stree=s , showin --Highway 105 - 100 foot rights-of-wav widths; right-of-way - Darking and loading areas ;------------at entrance to each retail " - Pedestrian walks; -------------------- lease space none -- exterior lichting; ----------------- attached to Center and each - trash storac= locat;.. end of building on eaves •..s ------------- none %• je^ces c`V s'`ey- }� crc-._s_�_sc�-.------- 8-foot pri%-ac�• fence re- quired by ordinance on 3 ; des _cn a- C'_- :7._n-._ - ----no signs p=epcsed Pr :e 5 CC';DIT C',S FO:) APPROVAL: A Scecific Use Permit shall be issued only if all of the following conditions have been found: 1) That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or irpair property values within the immediate vicinity; Development of commercial use will introduce increase of non-resident tra:f-c into the area. Future commercial development is likely- if current request is approved causing_ reduction of residential viability. 2) That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; Retail storage use in a residentially developed area is not cor-patible . Pre•:ious zoning studies approved by city council indicate surrounding residential development should maintaine , 3) `°at acecuate u ilities , access road, drainage and other necessary supporting facilities have been or will be provided; Existing utilities aczess and drainage are adequate for prcpcsal. 4) The design, location and arrancerent of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent deve l0,-me n is; Parking and driveua,,• 1aYout will conform to ordinance requirements for ccns_rsction. 5) That adec rate nuisance prevention measures have been or will be taken to preven. or control offeisive odor, fu-.es, dust, noise and vibration; Prcpcsed use generates none of the five adverse environ- mental conditions . i-lq will be provided so as not to disturb or ad- 6) That dire:tionai light affect neighboring properties; Secsrit_ lig::ting _ocations will not affect abutting lam.: us`s. 7) That ttere are sufficie.r.t landscaping ar, screening to insure harmony and co-p;.titi ;ity with adja:er: property; Ord-lnance requires 1C-=oct landscaped buffer and 8-foot rivac% _e e sur__ .. ,. __nc_ _ rc_e_ __ . That th_ .Se acccr'arse ,s� th the comprehensive plan ; Sian ____ :- a th_ location as a Stable F==- -cam- __ _S_ :;_-- _ _ac_ substantial change in ._.._ _ �e::elc� ..:nt 0. s :rr� , �__n area which is not in . � FILE 929-Z/P. REQUEST FOR A ZONE _• _ f CHANGE FROM RM-H TO GC-MD & A. S.U. ON A 2.37 DYCHES SURVEYS TRACT & PORTIONS OF LOTS 5 6 LOCATED AT 6395-6425 Hwy. 105 PPLICANT; JOHNNY S. CONN o n Lu 'ol •o = _ I o --- -- 1/200 RM i i I �• L 2 = 1 t r • � U � • j ,� i.. Q — 5 u I ,• c Z _ So • r E ! •� .:, �, I a. „o 0 0o a i State Hwy. 105 so Js i f� subjects P / :4 ccZ II( RIV � tp•I 1 lf1 7 1 RS 1 i i 1�all IDA ITEM NO to.. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING FROM RM-H ( RESIDENTIAL MULTIPLE FAMILY-HIGH DENSITY DISTRICT) TO GC-MD (GENERAL COMMERCIAL-MULTIPLE DWELLING DISTRICT) ON PROPERTY LOCATED AT 6395-6425 HIGHWAY 105; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT : Section 1 . THAT Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts as ! indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-5B thereof, is hereby amended by changing the zoning classification from RM-H (Residential Multiple Family-High Density District) to GC-MD (General Commercial-Multiple Dwelling District) for property located at 6395-6425 Highway 105, Beaumont, Jefferson County, Texas, as shown on Exhibit "A" attached hereto and made a part hereof for all purposes, and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That in all other respects the use of the property hereinabove described shall be subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. 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 4 . That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5 . That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984. Mayor - 2 - ,.t N,`. �/1t,,y ti Y:: 3 :.1 { L': 4E • i.y �r Sj_i L �Ul D rAT ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR STORAGE WAREHOUSES ON PROPERTY LOCATED AT 6395-6425 HIGHWAY 105. WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the issuance of a specific use permit for storage warehouses on property located at 6395-6425 Highway 105, Beaumont, Jefferson County , Texas to Johnny Conn, property owner, his legal representatives, successors, and assigns for that certain property hereinafter described; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the hereinafter described conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That all conditions necessary for issuance of a specific use permit have been met and the specific use permit for storage warehouses on property located at 6395-6425 Highway 105, Beaumont, Jefferson County , Texas, in accordance with Section 30-26 and Section 30-40 of the Code of Ordinances of the City of Beaumont, as amended, is hereby granted to Johnny Conn, property owner, his legal representatives, successors and assigns for that certain tract of land described in Exhibit "A" attached hereto and made a part hereof for all purposes. Section 2 . That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City f Beaumont this Y the day of 1984. Mayor - 2 - r 2. August 17, 1984 Council Letter 705 Honorable Mayor and Members of City Council Subject: Change Order No. 4 to Contract for Renovation of Recreation Building on Tyrrell Park Change Order No. 4 is requested to the contract for the renovation of the re- creat-on building on Tyrrell Park. The first three Change Orders were for a total net increase of $6,035.75 for a contract total of $190,513.75. Change Order No. 4 is for a total of $4,824.00, increasing the contract total to $195,337.75. The sidewalks around the front of the building have been found to be severely deteriorated on the underside. The planned process of working on and around the sidewalks during construction of the slab moisture barrier was, therefore, not possible. The sidewalks crumbled in spite of efforts to save and protect them. The original project budget for Tyrrell Park listed a contingency amount of $28,495. With this proposed change, some $17,635 still remains for use if further revisions are necessary. As has been mentioned, this type of re- modeling of a 50-year old building is difficult and will usually require ad- justments of some type during the actual construction phase. Change Order No. 4 is to replace the front sidewalks with new concrete sidewalks finished to match the original sidewalks. Funding for Change Order No. 4 is available from the contingency fund for this project. This project is funded by a grant from the Texas Parks and Wildlife Department and a grant from the Urban Park and Recreation Recovery Program of the National Park Service, as well as Community Development Block Grant funds. It is recommended that this resolution be approved. Hugh Earnest Acting City Manager ' .,�` i ti���i�=t�� �es+'�` °�= d ' �X ` YYv'" p� "*}c '"'�- Q �FVR• ��"�" �.,. ..s. ,,x,ill ;r'.- Y ti7"` �'" N�°.,: . 4 L c NO` i1i R E S O L U T I O N WHEREAS, on May 22, 1984, the City awarded a contract to S & S Construction Company for structural repairs to the recreational building at Tyrrell Park ; and, WHEREAS, Change Order numbers 1-3 increased the amount of the contract to $190, 513. 75 ; and, WHEREAS, Change Order No. 4 has been proposed to replace the front sidewalks with new concrete sidewalks finished to match the original sidewalks; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby , authorized to execute Change Order No. 4 to the contract with S & S Construction Company for the replacement of front sidewalks increasing the contract amount to $195,337. 75. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984. - Mayor - 3. August 17, 1984 Council Letter 695 Honorable Mayor and Members of City Council Subject: Purchase of Pit Sand and Clay Bids were taken on July 16, 1984, for approximately 25,000 cubic yards of clay and 25,000 cubic yards of sand. The sand will be used as needed in wet weather for better traction f o vehicles on the working surface on cells. The clay material may be used in the closure of the Pine Street site should the need for additional material occur. All specifications were met. The bids are as follows: Vendor Total Cost Location of Pits Imagineering & Construction Off Cooks Lake Road F.O.B. Pit - 1.95/cu. yd. $ 97,500 Leatherwood Road Delivered - $4. 15/cu. yd. 207,500 Marie Grider End of Bigner Road; F.O.B. Pit - $1.50/cu. yd. 75,000 Beaumont Delivered - $3.75/cu. yd. 187,500 Beeco Vidor, Texas F.O.B. Pit :: $2.00/cu. yd. 100,000 Delivered - $3.90/cu. yd. 195,000 Hill Anderson I-10 Block's Old Pit F.O.B. Pit - $1.25/cu. yd. 62,500 Delivered - $5,00/cu,. yd. 250,000 Rose City I-10 East; Vidor, Texas F.O.B. Pit - $1.90/cu. yd. 95,000 Delivered - $4.00/cu. yd. 200,000 Maco Construction (N/B - Sand) Hwy. 69 in Mar-Len F.O.B. Pit - $1.25/cu. yd. 62,500 Industrial Park, N. of Delivered - $4.15/cu'. yd. 207,500 Nederland Yarbrough's Dirt Pit 1750 Old Spanish Trail ; F.O.B. Pit - $1.25/cu. yd. 62,500 Vidor, Texas Delivered - $3.95/cu. yd. 197,500 There were three firms with a low bid of $1.25 per cubic yard at the plant; however, one firm (Maco Construction) did not submit a bid for sand. Of the other two firms , Hill Anderson 's site is the closest to the landfill site. Council Letter 695 August 17, 1984 Page 2 The low bid for sand and clay delivered to the site was Marie Grider in the amount of $3.75 per cubic foot. It is recommended that Council adopt a re- solution authorizing the award of the contract to the lowest and best bids, as follows: Marie Grider Delivered - $3.75/cu. yd, $187,500 Hill Anderson F.O.B. Pit - $1.25/cu. yd. $ 62,500 It is recommended that this resolution be approved. OAJ� Hugh Earnest Acting City Manager `��� .#�d.���4 7 -:a •, � t E,, '�� +41 '; k.s ..�'..,.,p'�r a 1 w;'' 'i*F�` .�,'"`* ss `-� Y d T � ��T P.b �p�� C -u.'J3 1 tiT!�• 1' NO .3' R E S O L U T I O N WHEREAS, on July 16 , 1984 bids were received for the purchase of approximately 25, 000 cubic yards of pit sand and 25,000 cubic yards of clay; and, WHEREAS, Hill Anderson submitted a bid in the amount of $1 . 25 per cubic yard, F.O. B. pit and Marie Grider submitted a bid in the amount of $3 . 75 per cubic yard delivered; and, WHEREAS, the City Council is of the opinion that the bids submitted by Hill Anderson and Marie Grider are the best bids and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bids submitted by Hill Anderson and Marie Grider in the amounts stated above for the purchase of 25, 000 cubic yards of pit sand and 25, 000 cubic yards of clay are hereby accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984. - Mayor - 4. August 17, 1984 Council Letter 696 Honorable Mayor and Members of City Council Subject: Purchase of Asbestos Cement Water Pipe Bids were received from seven vendors on August 13, 1984, for the purchase of 2,400 feet of 8-inch AC pipe and 1,135 feet of 12-inch AC pipe for use in the Water Distribution Division. This pipe is used in the installation and re- placement of water lines throughout the City. Bids were received from the following vendors: 2,400 Feet 1,135 Feet 8" Ac Pipe 12" AC Pipe O.N.E. Steel Specialist $9,168.00 $8,444.40 Big State Utility 8,544.00 7,865.55 Golden Triangle Pipe and Water Supply 8,976.00 8,013.10 Ferguson Enterprises 8,736.00 8,035.80 Municipal Pipe and Fabricating 8,184.00 7,672.60 Utility Supply 8,640.00 7,706.65 Wester Pipe and Supply 8,760.00 7,661.25 It is recommended that Council approve the low bid of Municipal Pipe and Fab- ricating for 2,400 feet of 8-inch AC pipe for $8,184.00 and the low bid of Western Pipe and Supply for 1,135 feet of 12-inch AC pipe for $7,661.25. This is a total expenditure of $15,845.25, with funds available within the inventory account. It is recommended that this resolution be approved. Hugh Earnest Acting City Manager ��;� m�,3.y +��y�s�,,,�✓£^x kr�� '� � `r- � t ��#�.y��t �, s �,yp,._ tiy� F� ���� .CP� � !ti;',, ` - t �.,.req.,,�.�Fi.�` '� .�'.', p� N4 R E S O L U T I O N WHEREAS, on August 13, 1984, bids were received for the purchase of 2 ,400 feet of 8" AC pipe and 1 , 135 feet of 12" AC pipe; and, WHEREAS, Municipal Pipe and Fabricating submitted a bid in the amount of $8 , 184 ( $3. 41 per foot) for 2,400 feet of 8 " AC pipe and Western Pipe and Supply Co. submitted a bid in the amount of $7 ,661. 25 ( 6 . 75 per foot) for 1 , 135 feet of 12" AC pipe; and, WHEREAS, the City Council is of the opinion that the bids submitted by Municipal Pipe and Fabricating and Western Pipe and Supply Co. are the lowest and best bids and should be accepted; NOVI, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bids of Municipal Pipe and Fabricating and Western Pipe and Supply Co. in the amounts stated above for the purchase of 2 ,400 feet of 8" AC pipe and 1 ,135 feet of 12" AC pipe are hereby accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984. - Mayor - 5. August 17, 1984 Council Letter 694 Honorable Mayor and Members of City Council Subject: Selective Traffic Enforcement Program Grant - "Hazardous Moving Violations" The Accident Control Team is applying for a continuation of the Hazardous Moving Violation (HMV) Selective Traffic Enforcement Program (STEP) in which it has participated since January 1, 1984. The new contract period would begin October 1, 1984, and continue through September 30, 1985, a period of twelve months. The grant would reimburse 100 percent of all wages (7 percent for retirement, all workers compensation cost and 23 cents for mileage costs) incurred by officers, at an overtime rate of pay, through December 31 , 1984. From January 1 , 1985 through September 30, 1985, the State would reimburse 75 percent of all project costs with the cost match by the City of Beaumont being 25 percent of the total . The amount of the grant for the twelve-month period is $210,438.65. Since reimbursement for the first quarter of the year (October, November and December) is 100 percent, the City's 25 percent contribution would be for only nine months and amount to $39,457.25. Reimbursement by the State would continue to be on a quarterly basis. The necessary monies ($210,438.65) have been included in the 1985 budget. This program has proven to be very effective in enabling the department to expand its efforts in traffic enforcement. With an already active traffic program, this continuing project would serve as an extension of our enforce- ment arm in an effort to create safer streets and highways for the citizens of Beaumont. It is recommended that this resolution be approved. .%�4 A_t_� Hugh tarnest Acting City Manager RTE R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby , authorized to enter into an agreement with the Texas State Department of Transportation for a twelve ( 12 ) month continuation of the Hazardous Moving Violation Selective Traffic Enforcement Program at a cost to the city of $39 ,457. 25. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984. - Mayor - 6. August 17, 1984 Council Letter 702 Honorable Mayor and Members of City Council Subject: Approval of Bid for Medical Equipment On July 31 , 1984, Council approved an amendment to the Health Department's contract with the Texas Department of Health accepting $6,000 in additional state funds for the purchase of medical equipment, specifically a DeVilbiss Surveyor I Survostat Spirometer. This equipment will give the Health De- partment capability to test lung function and it will be used both with target populations in the community and with the City's Employee Health Services Program. The following bids for the equipment were received: Walson, Inc. Beaumont, Texas $5,520.00 Frank's Medical Mart, Inc. Beaumont, Texas 5,667.50 Cross Medical Instruments Houston, Texas 6,250.00 Tri-Med Surgical Co. , Inc. Garden City, New York No bid The low bid from Walson, Inc. meets all specifications. It is recommended that this resolution be approved. Hugh vEarnest Acting City Manager ti o fzS, st 3 { M lio R E S O L U T I O N WHEREAS , bids were received for the purchase of medical equipment for the Health Department; and, WHEREAS, Walson, Inc. submitted a bid in the amount of $5 ,520; and, WHEREAS , the City Council is of the opinion that the bid submitted by Walson, Inc. is the lowest and best bid and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Walson, Inc. in the amount of $5,520 for the purchase of medical equipment for the Health Department is hereby accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984 , - Mayor - l 7. August 17, 1984 Council Letter 703 Honorable Mayor and Members of City Council Subject: Approval of Bid for Data Processing Equipment for Health Department On July 31, 1984, Council approved an amendment to the Health Department's con- tract with the Texas Department of Health, accepting $26,000 in additional funds for the purchase of data processing equipment and software to enable the Health Department to transmit information to the State Health Department's mainframe computer (a Sperry Univac). The equipment will also allow the Health Depart- ment to develop data management capability it does not presently have, with future plans to link to the City's mainframe when Y e both space and p programming time are made available. As was explained when you approved the contract amendment, the City's Data Processing Committee approved this request and recommended approval of this pur- chase. The following bids for the equipment were received: Com Squared Systems, Inca St. Paul , Minnesota Hardware $13,250.00 Communications System 3,975.00 Software No Charge Total $17,225.00 International Business Machines Beaumont, Texas Hardware $17,950.00 Communications System No bid Software 235.00 Freight 135.00 Total $18,320.00 Concept Computer Centers Beaumont, Texas Hardware $19,188.00 Communications System No bid Software No bid Total $19,188.00 MicroAge Computer Stores Beaumont, Texas Hardware $19,585.71 Communications System 1,500.00 Software 3,500.00 Total $24,585.71 Council Letter 703 August 17, 1984 Page 2 The IBM and Concept Computer Centers bids do not meet bid specifications that require the system to be able to link with the State Health Department main- frame. The low bid from Com Squared Systems, Inc. meets or exceeds all speci- fications. State Health Department data processing personnel have reviewed the bids for the City Health Department and have confirmed the compatability of the equipment bid by Com Squared Systems, Inc. and concur that it will ac- complish the desired data link with Austin. At present, the State Health De- partment currently has 58 pieces of equipment from this company integrated into their system. It is recommended that the low bid of Com Squared Systems, Inc. be approved. Hugh Earnest Acting City Manager ri AGEN 7 R E S O L U T I O N WHEREAS, bids were received for the purchase of data processing equipment for the Health Department; and, WHEREAS, Com Squared Systems, Inc, submitted a bid in the amount of $17,225; and, WHEREAS , the City Council is of the opinion that the bid submitted by Com Squared Systems, Inc. is the lowest and best bid and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Com Squared Systems , Inc. in the amount of $17, 225 for the purchase of data processing equip- ment for the Health Department is hereby accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984 . Mayor - 8. August 17, 1984 Council Letter 701 Honorable Mayor and Members of City Council Subject: Rate Increase for Liberty Tele-Communications, Inc. In May of this year, Mr. Charles Hembree, Division Manager of Liberty Tele- Communications, Inc. , presented for Council consideration a request for a rate increase, broken down into two separate components: a $1 increase in basic cable television service from $10 to $11 per month and a second addi- tional $1 per month necessary to offset the cost of a $1,500,000 capital expenditure associated with the installation of equipment which would re- duce the interruptions in the system caused by power outages. This second component would allow, in effect, the installation of stand-by power sources scattered throughout the City. In addition, the company promised to place a set-top channel selector (converter) in all homes that currently do not have one, for no additional cost. According to statistics provided by Mr. Hembree, approximately 25 percent of all Liberty Cable TV subscribers currently rent this set-top selector for $2.50 per month. Following an initial discussion by the Council in May in Work Session, the issues relating to this rate increase have been extensively discussed several times by Council and the staff. On August 7th, an informal meeting was held between Mr. Hembree, two members of Council and the staff and extensive dis- cusisons occurred with respect to the proposed rate increase. The company has promised the following points for discussion and hopeful concurrence of this issue: 1. Immediate passage of the company's requested rate increase of $2 per month. 2. An extension of the present franchise in the City of Beaumomt to its original time of 15 years. 3. An automatic rate increase yearly, not to exceed $1 per year for the duration of the 15-year fran- chise. This increase must be used each year or it will be forfeited by the company. 4. Liberty Tele-Communications, Inc. agrees to pay the City of Beaumont a franchise fee of 3 percent of toal gross revenues collected with the City. Gross revenues is defined as all revenues col- lected, including pay television. Council Letter 701 August 17, 1984 Page 2 Several points should be made with respect to this offer by the company. Under its present franchise agreement passed in November, 1975, the company received a 15-year franchise which would allow it to operate until April 1, 1991. With respect to the offer by the company to pay a franchise fee of 3 percent of total gross revenues, the company, under its present lease, pays 3 percent of revenues derived from basic subscriber services. The following example will illustrate the difference: December 31, 1983 Year-end Information Basic subscriber revenues $2,805,535 Pay television 1,124,876 Other 157,75 1 Total $4,088,162 3 percent of basic $ 84,166 3 percent of total revenues 122,644 Therefore, under present conditions, our revenue for that year would approxi- mate $84,166; under the proposal from Liberty, our revenue would approximate $122,644. Recently, according to figures provided by Mr. Hembree, Liberty Cable Tele- vision has undergone an extensive effort towards increasing pay television service. He indicates that their most recent monthly billings are $194,000. On an annualized basis, that would yield $5,820 a month franchise tax at 3 percent, or $69,840 a year. In evaluating the company's offer, I feel that it is fair and reasonable in that it ties the City to that portion of the revenue source, namely pay tele- vision, that has the greatest possibility for growth in the foreseeable future. In addition, the mechanism proposed for a rate increase each year is simple and straightforward and should be easily understood by all parties. It is recommended that this ordinance be adopted. Hugh Earnest Acting City Manager UFA NO ORDINANCE NO. ENTITLED AN ORDINANCE ESTABLISHING RATES AND CHARGES OF LIBERTY TV CABLE, INC. FOR CABLE TELEVISION SERVICE WITHIN THE CITY OF B EAUMONT. WHEREAS, Liberty TV Cable, Inc. ( herein the "Company" ) provides cable television service within the City of Beaumont pursuant to a franchise granted by Ordinance No. 75-70 and accepted by the Company; and, WHEREAS, said franchise agreement provides for amendment of rates with the approval of the City Council after reasonable notice and hearing; and, WHEREAS, the Company has applied to the City of Beaumont for authority to increase its rates and charges for cable television service within the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . That the Company is hereby authorized to make charges for cable television service in accordance with the schedule of rates and charges attached hereto as Exhibit "A" and made a part hereof. Section 2. The Company is hereby authorized to put into effect an additional One Dollar ($1 . 00) increase for all primary subscribers after duly notifying the City Manager in writing that standby power is in place and operating and that all subscribers have been given ample time to receive their channel selectors. Section 3 . That the Company may , not more frequently than one time during the 12-month period commencing September 1 , 1985 and each subsequent 12-month period, increase its rates for all primary subscribers a maximum of One Dollar ($1 . 00 ) . If, during any such 12-month period, the Company does not increase its rates to primary subscribers by said One Dollar ($1 . 00) , the authority herein granted to impose such authorized increase for that 12-month period shall expire and become null and void. Such increase in rates for primary subscribers shall be instituted by the filing of a statement of such proposed increase with the City Clerk and the City Manager at least 30 days prior to the effective date of the proposed increase. No rates and charges may be made by the Company which are not equal and uniform within each customer class. Section 4 . That nothing contained in this ordinance shall modify, repeal or in any way affect the right of the City Council to regulate the rates and charges of the Company in accordance with the terms of the franchise agreement. Section 5 . That Sections 1 and 2 of Ordinance No. 82-94 adopted August 24, 1982 are hereby repealed. Section 6 . That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. - 2 - PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984. Mayor - 3 - f CONSENT AGENDA AUGUST 21, 1984 * Approval of Minutes. a. A resolution authorizing purchase of two air conditioning units. b. A resolution authorizing purchase and installation of car- pet. c. A resolution authorizing a contract for the demolition and removal of a structure. d. A resolution making committee appointments. 4 � a. August 17, 1984 Council Letter 704 Honorable Mayor and Members of City Council Subject: Purchase of Air Conditioning Units On August 13, 1984, bids were opened for two air conditioning units. These units are to be installed in the Sign and Signal Shops to be located at the North Facility on Concord. The apparent low bidder, Dewitt Air Conditioning and Heating, did not meet specifications in the following areas: a direct drive motor was included in place of a belt-driven motor for the air handler and the motor itself was not three phase, as was called for. For this reason, it is recommended that the bid be awarded to the second low bidder, Efficient Systems, Inc. , in the amount of $4,308. The bids are as follows: Dewitt Air Conditioning and Heating $4,299 Efficient Systems, Inc. 4,308 Greson Technical Sales and Service 4,499 Johnson Supply 4,630 Air Comfort, Inc. 5,313 AAA Service Company, Inc. 5,355 Hatton Electric Company 5,363 The estimated cost for the two air conditioning units was $5,000. The money for this remodeling is available within the 1984 budget of the Traffic Division. It is recommended that this resolution be approved. Hugh Earnest Acting City Manager a r � NO R E S O L U T I O N WHEREAS, on August 13, 1984, bids were received for the purchase of two air conditioning units; and, WHEREAS, Efficient Systems, Inc. submitted a bid in the amount of $4 ,308; and, WHEREAS, the City Council is of the opinion that the bid submitted by Efficient Systems , Inc. is the best bid and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Efficient Systems, Inc. in the amount of $4,308 for the purchase of two air conditioning units is hereby accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984. - Mayor - b. August 17, 1984 Council Letter 697 Honorable Mayor and Members of City Council Subject: Purchase and Installation of Carpet On August 13, 1984, the City received bids for furnishing and installing carpet in the Patrol Division of the Police Department. Eight bidders were notified but the City only received bids from two vendors: Bellard's Drapery and Carpet, Inc. $2,531.41 Huber's, Inc. 2,564.63 Funds are available within the Police Department, Patrol Division, budget for this expenditure. It is recommended that the bid of Bellard's Drapery and Carpet, Inc. , be ap- proved. Hugh Earnest Acting City Manager 1731 ,a- x I rlo)% R E S O L U T I O N WHEREAS, bids were received for the furnishing and installation of carpet in the police department; and, WHEREAS, Bellard' s Drapery and Carpet, Inc. submitted a bid in the amount of $2 ,531. 41 ; and, WHEREAS, the City Council is of the opinion that the bid submitted by Bellard' s Drapery and Carpet, Inc. is the lowest and best bid and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT : THAT the bid of Bellard' s Drapery and Carpet, Inc. in the amount of $2,531. 41 for the furnishing and installation of carpet in the police department is hereby accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984. - Mayor - 41„ . c. August 17, 1984 Council Letter 699 Honorable Mayor and Members of City Council Subject: Demolition and Removal of Dangerous Structure Bids for demolition and removal of a dangerous structure at 3985 St. Helena were received August 13, 1984. The bids are as follows: Alexander Construction $3,390 Richard G. Lyons 1,475 Ace J. Clark Construction 1,075 The contract will be paid utilizing the Demolition and Removal (Special Ser- vices) line item within the Housing Division fiscal year 1984 budget. It is recommended that this contract be awarded to Ace Clark Construction Company and final payment be authorized after all work has been completed as specified in the contract. It is recommended that this resolution be approved. OA-I,r fA-v�� Hugh rarnest Acting City Manager NO C* R E S O L U T I O N t WHEREAS, on August 13 , 1984, bids were received for demolition of a structure located at 3985 St. Helena; and, WHEREAS, Ace Clark Construction Co. submitted a bid in the amount of $1 ,075 ; and, WHEREAS, the City Council is of the opinion that the bid submitted by Ace Clark Construction Co. is the lowest and best bid and should be accepted; NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted, by Ace Clark Construction Co. in the amount R of $1 ,075 for demolition of a structure located at 3985 St. Helena be accepted by the City of Beaumont and the City Manager is hereby authorized to make payment for same upon acceptable completion. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984. - Mayor - e d. August 17, 1984 Council Letter 700 Honorable Mayor and Members of City Council Subject: Committee Appointments A resolution making committee appointments is on the agenda for consideration at Tuesday's Council meeting. Dolores Lawless would be appointed to the Community Development Block Grant Citizens Advisory Committee, on a nomination by Councilmember Audwin Samuel , to fill the unexpired term of Mark Merrill . Ms. Lawless ' term would conclude May 31 , 1985. Suzy Juncker would be reappointed to the Community Development Block Grant Citizens Advisory Committee, on a nomination by Mayor William Neild. Mrs. Juncker's term would conclude May 31, 1986. It is recommended that this resolution be approved. Hugh rnest Assistant City Manager as 6i�, 1Gi/tv Gi R Gi E X NO. R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Suzy Junker and Dolores Lawless be appointed to the CDBG Citizens Advisory Commission with terms expiring on May 31, 1986 and May 31, 1985, respectively, PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984 . Mayor - WORK SESSION AGENDA AUGUST 21, 1984 CITY COUNCIL CHAMBERS 1. Discussion of budget. CALENDAR * Monday, August 20 - 8th Floor, Gray Library, Lamar U. 12:00 Noon - Luncheon - Governor Mark White will speak 3:45 P.M. - Council Chambers Joint Planning & Zoning Public Hearing (COUNCIL QUORUM REQUIRED) 4: 15 P.M. - Parks Office; 1870 Louisiana Parks and Recreation Advisory Committee Meeting Tuesday, August 21 - Council Chambers 1:00 P.M. - Special Meeting - Beaumont Multi-Family Housing Finance Corporation 1: 15 P.M. - Council Chambers Council Meeting, followed by Work Session ** 4:30 P.M. - Super 8 Motel ; 2850 IH-10 East (Next to Casa Manana & Red Lobster) Ribbon cutting ceremonies (Patrick Kelly, Owner) *** Thursday, August 23 - Entre' Computer Center Oaks Shopping Center, corner Calder & Dowlen 10:00 A.M. - Ribbon cutting ceremonies (Ann Lee) * MAYOR ** COUNCILMEMBER SAMUEL *** COUNCILMEMBER MOORE **** COUNCILMEMBER WEISBACH CALENDAR Page 2 Friday, August 24 - Nell 's Beauty Boutique; 8095 Phelan, Suite D (Past Colonnade Bldg. , on left side of Coastal Pool ) 12:00 Noon - Ribbon cutting ceremonies (Nell Baize, Owner) * Saturday, August 25 - Sheraton 8:30 A.M. - Welcome "Budweiser Blast" soccer team * Monday, August 27 - Holiday Inn, 11th Street 8: 15 A.M. - Meeting **** 10:00 A.M. - Palumbo's; 373 Pearl Ribbon cutting ceremonies (Tony Palumbo) * MAYOR ** COUNCILMEMBER SAMUEL *** COUNCILMEMBER MOORE **** COUNCILMEMBER WEISBACH