09-10-12 Regular Meeting of La Porte City Council

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Councilmember Leonard commented it would cost $537,203.00 if Council chooses to accept the original change order. Councilmember Leonard questioned if it would be beneficial to build a new building. Councilmembers Clausen and Engelken commented they arein favor of rebidding the entire project and coming up with a better plan. Councilmember Mosteit questioned if the project could be rebid. Assistant City Attorney Clark Askins responded the City has a binding contract and can only rebid the change orders. Mr. Barr commented the only change presented is for the electrical. Councilmember Engelken asked Assistant City Attorney Clark Askins if the item could be tabled and the Legal provide Council with alternatives. Mr. Askins responded yes. Councilmember Zemanek questioned if Civil Concepts could be requested to provide the cost of a new building. Assistant City Attorney Clark Askins responded yes,but the project would have to go outfor rebid. Councilmember Martin asked Parks and Recreation Director Stephen Barr if staff had a recommendation.Mr.Barr responded staff has three recommendations: 1) rebid;2) accept the original Change Order No. 1 and rebid the electrical component;and 3) accept the original Change Order No. 1 as is. Assistant City Attorney Clark Askins advised the revised Change Order would not allow compliance with the law which states you cannot have a change order increase the dollar amount of a contract by more than 25%. Councilmember Moser questioned if the Change Order could be rebid to anyone. Mr. Barr responded the Change Order has to go to the contractor the bid was awarded to. Mr. Barr also responded it can be rebid by taking acomponent out of the scope of work. Assistant City Attorney Clark Askins advised additional scope of work can be bid,and it has to be more than 25percentof the original contract price. Councilmember Engelken moved to table the item, and asked the city attorney to provide MOTION PASSED. options.Councilmember Zemanekseconded. Ayes: Mayor Rigby, Councilmembers Leonard, Engelken, Kaminski, Zemanek, Clausen, Mosteit, Martin and Moser Nays:None Absent:None (c) Consider approval or other action regarding an ordinance amending Chapter 42, “Miscellaneous Offenses,” of the Code of Ordinances of the City of La Porte, by prohibiting the discharge of firearms within the city limits –K. Adcox Police Chief Ken Adcox presented a summary. Ordinance2012-3430: Assistant City Attorney Clark Askins read the caption of AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA PORTE AMENDING CHAPTER 42, “MISCELLANEOUS OFFENSES”, ARTICLE II, “WEAPONS”, OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY RESTRICTING DISCHARGE OF FIREARMS WITHIN THE CITY LIMITS; PROVIDING FOR DEFENSES; CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED FIVE HUNDRED DOLLARS; PROVIDING FOR PUBLICATION OF THE CAPTION HEREOF; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Page 3of 6 August 27, 2012, City Council Meeting Minutes