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HomeMy WebLinkAbout1981-02-04 Regular Meeting • • MINUTES - REGULAR MEETING OF THE LA PORTE CITY COUNCIL - LA PORTE, TEXAS FEBRUARY 4, 1981 1. Meeting called to order by Mayor Meza at 7:00 P.M. Members of the City Council Present: Mayor J. J. Meza, Coun- cilman I. J. Kibodeaux, Councilwoman Virginia Cline, Council- man Tom Simons, Councilman Norman Malone Members of the City Council Absent: Councilman John Tomerlin Other City Officials Present: City Manager James R. Hudgens, City Attorney Knox Askins, City Secretary Betty Waters, Public Works Director Jerry Hodge, Police Chief H. F. Freeman, City Engineer John Joerns, Assistant Fire Marshal Tom Talley Others Present: Lou Lawler, Mr. Skelton, Dave Corbin, Mike ® Johnson 2. The invocation was given by Councilman Malone. 3. The minutes of the January 21, 1981, Regular Meeting were presented for approval. Councilwoman Cline asked for correction of item 4 in the January 21, 1981, minutes stating she and Councilman Kibodeaux has abstained from voting on the Minutes January 14, 1981, meeting because of our absence. Motion was made by Councilman Simons to approve the corrected minutes of the January 21, 1981, Regular Meeting o the La Porte City Council. Seconded by Councilman Kibodeaux. The motion carried, 3 ayes and 0 nays. Ayes: Councilman Kibodeaux, Councilwoman Cline, Councilman Simons Nays: None 4. Council considered a recommendation from City Engineer John Joerns to accept the bid submitted by Bayshore Surveying Instrument Company, Inc., for: (1) One Six-Second Theodolite (Lietz TM-6) - $2,870.15 (2) One Electronic Distance Meter (Lietz Red-lA) - $5,002.25 Motion was. made by Councilwoman Cline to award the bid to Bay- shore Surveying Instrument Co., Inc., as recommended by the City Engineer. Seconded by Councilman Simons. The motion car- ried, 3 ayes and 0 nays. • • Minutes, Regular Meeting, February 4, 1981, Page 2 Ayes: Councilman Kibodeaux, Councilwoman Cline, Councilman Simons Nays: None 5. Council considered a recommendation from Public Works Director Jerry Hodge concerning a hydraulic excavating and grading machine. The City received two bids, both for the same machine (Gradall G-440). Hodge recommended the low bid of $92,200.00 from Hi-Way Equipment Company of Houston. Simons Mayor Cline Hodge Cline Hodge • Cline Hodge Cline Hodge Hudgens Hodge Cline Hodge Kibodeaux: Cline This is a budgeted item? Yes. How many bids did we get on this? Two. Who was the other one? Highway Equipment - no, Hi-Way Machinery Company out of Dallas. Well, I'd like for Mr. Hodge to fill us in on the purpose of this equipment. I know it's budgeted and we've discussed it, but in what way do you plan to utilize this equipment, Jerry? It will be used in our drainage program. We bud- geted three new dump trucks and this excavating machine. It will be used year round in the drain- age program. You have 3 dumps, and correct me if I'm wrong, the three dump trucks were to be utilized between the street work and the sanitation department - is that right? Not sanitation. We have a total of 5 dump trucks, or six. We have more dump trucks, but these 3 are for the drainage improvement program. I seem to recall somewhere in our conversation that at times like in Spring clean up, some of these dump trucks could be used for City clean up work. Isn't that right, Kibby? They can be. They are at times; I have seen them. Well, that's beside the point. I just wanted to clarify that these weren't strictly for .streets. Motion was made t the bid submitted at bid price of $92,200.00. Seconded by Council The motion carried, 3 ayes and 0 nays. Ayes: Councilman Kibodeaux, Councilwoman Cline, Simons Nays: None Councilman • • • • Minutes, Regular Meeting, February 4, 1981, Page 3 6. City Attorney Askins read Ordinance No. 1249: AN ORDINANCE AMENDING THE 1979 EDITION OF THE SOUTHERN STANDARD BUILDING CODE, AS AMENDED, AND ALSO KNOWN AS THE BUILDING CODE OF THE CITY OF LA PORTE; BY AMENDING SECTION 706.5, REQUIREMENTS FOR ROOFS OUTSIDE FIRE DISTRICTS; PROVIDING REGULATIONS ON PRIVATE DETACHED GARAGES, CARPORTS AND FARM BUILDINGS; BY AMENDING SECTION 706.6, WOOD SHINGLES AND SHAKES, REQUIRING U.L. CLASS "C" FIRE RETARDANT TREATED SHINGLES AS A MINIMUM FOR WOOD SHINGLE INSTALLATION; PROVIDING 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 ANY SUM NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00), AND PROVIDING EACH DAY OF VIOLATION SHALL CONSTI- TUTE A SEPARATE OFFENSE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETING LAT4; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion Seconds 0 nays. Ayes: made and ayes and 7. Change order No. 1 on Job No. 74-1068-02, Contract III (Big M Contractor) standardizing lift station pumps to Gorman Rupp pumps was submitted for Council's consideration. Simon s Nays: None Councilwoman Cline made a motion to approve the change order. Seconded by Councilman Simons. The motion carried, 3 ayes and 0 nays. Ayes: Councilman Kibodeaux, Councilwoman Cline, Councilman 8. Administrative Reports: City Manager Hudgens brought to Council's attention the need for a change order (No. 1) for Brown-Couch, contractors on the sewer plant job. As discussed previously, a relief valve had been left off the plans. This will add $7,200 to the contract price, but 75~ of this amount is reimbursable under our E.P.A. Grant, leaving $1,800.00 as the City's share. Cline asked if this was still within the alloted bond funds to pay for this project? Hudgens stated it was. We started with a contingency of about $450,000.00, so we still have sufficient funds. Councilwoman Cline made a motion on Job No. 74-1068-02 Project. Seconded 3 ayes and 0 nays. (Brown-Cou Councilman to approve Change Order No. 1 h, contractors Sewer Plant Kibodeaux. The motion carried, Councilman Kibodeaux, Councilwoman Cline, Councilman Simons Nays: None • Regular Meeting, February 4, 1981, Page 4 City Manager Hudgens reported on Police activities on Tuesday afternoon (Feb. 10, 1981) when Policemen responded to an alarm at Bayshore National Bank about 4:20 P.M. for a forgery suspect which resulted in a chase which ran through the state streets, out Main, down 146 and ended up on 225, where the suspect was apprehended. It involved two accidents with police cars, one a major. Officer Rodgers has been released from the hospital; there was no significant damage to that vehicle, and Officer Rodgers is all right. We totally demolished one vehicle at 4th and Main, and Officer Williams is still in the hospital with neck and back injuries. We will keep you advised of his progress. Mayor Meza asked if that was one of the new cars? Hudgens advised him it was not. It was one the department planned to phase out with the purchase of this year's new cars. Councilman Kibodeaux asked if the one in the ditch, Officer Rodgers' car, was one of the newer cars? Chief Freeman stated it was and sustained very minor damage. Councilman Kibodeaux asked if the storm drain cover had been replaced? Hudgens stated it had. Councilman Simons asked about the fire plug the suspect hit. Hodge stated he wasn't sure it was back in service. • 9. Council Action: Councilman Kibodeaux extended a compliment to Mr. Jerry Hodge, Director of Public Works, on a job well done. Kibodeaux stated he felt Hodge should be recognized for his work, since he has been here everyone is getting along well and the tele- phone complaints have dropped to none, and he feels Hodge is doing the City a fine job. Councilwoman Cline brought to everyone's attention a letter from County Commissioner Jim Fonteno relating to the Fairmont Park Project, stating to date (Jan. 21, 1981) the County had not received a response as to what action the City desires to take. Councilwoman Cline asked why the County had not received the resolution passed by City Council over a month ago. We were told that until such time as they were told what our plans and feelings were the project would be upheld from getting the engineering done. Mayor Meza stated the City Secretary informed him the resolu- tion was mailed to Judge Lindsay, Mr. Fonteno's Office. Councilwoman Cline asked if anyone had inquired as to why, when this letter was dated January 21, they haven't been • received? You mean since then we haven't sent more? Mayor Meza said he has asked Jim to send more. City Secretary stated more copies would be sent in the morning mail. • • . Minutes, Regular Meeting, February 4, 1981, Page 5 Councilwoman Cline said, you know it's almost unbelieveable to me that all these copies were sent that someone, somewhere along the line didn't receive a copy of them. City Secretary assured Councilwoman Cline the Resolutions were mailed the day after it was adopted and the Mayor came in and signed it. Councilwoman Cline stated it seems to her that communications are always a problem around here. As Dick Doss told us that day, "J. J.," he said, "We are ready to proceed within our limitations of the bond issue." Fairmont Parkway is becoming more and more of a problem with traffic, and I would like to see them proceed with getting something done. Along those same lines, I think everyone here is aware of the traffic problem we have at State Highway 146 and Fairmont Parkway. I don't have it with me, but I do have a letter from Omer Poorman, State Engineer, stating that the overpass on that thing is not even going to be considered f.or at least 10 years. Isn't there something someone can do to convince them we need that overpass there? When we get Fairmont Parkway improved with 4 lanes out there it might relieve some of the traffic hazard down there, but I personally feel we need to push to get that overpass completed. • Councilman Simons reminded everyone of the happening last year when Hurricane Allen was approaching and we had a fire and Councilman Tomerlin and I tried to get through down there and could not. If you remember, we talked about the overpass that night and nothing was ever done. City Manager Hudgens informed Council that Chief Freeman is preparing an accident diagram and accident count at that inter- section. That is our highest accident location and we are preparing to submit this to the State with a request that some- thing be done at that location. Councilman Simons stated that staggered light system wouldn't have helped back in August when the hurricane scare came and at that time he asked that a letter be written concerning the need for the overpass and nothing was ever done. Councilwoman Cline stated the letter she received was about December or so and Omer Poorman stated they were aware of the request but they had no intention of doing anything for the next 10 years. Councilman Simons brought up about communica- tions; he felt it seems to go afoul. The Council makes requests and nothing ever comes of it. Councilwoman Cline brought out one other item. It had been • brought to her attention that the land fill operation on North Broadway is going to come to a stand still. She stated she had talked to Mr. Hudgens about it this last week and had asked if he had received any official notification from the County U • • Minutes, Regular Meeting, February 4, 1981, Page 6 Engineer's office and he told me no, as to this date he had not. Now as we are all aware, Commissioners Court has been in budget hearings and have finalized their budget late in January. They were asked to allocate some monies for pur- chasing additional land for the land fill operation. In inquiring into this, the party owning the land that they needed to acquire for additional land fill operation told them the price he wanted for his land out there was close to $750,000.00, so it looks like that we will be without a land fill and the City won't have any place to dump their garbage about the first of March. Has anybody heard anything? Mayor Meza stated he had talked to Commissioner Fonteno today and also Judge Lindsay. They both indicated the land is too high; however, he said it is not a closed door and he would do everything possible to continue to operate the land fill. City Manager Hudgens brought to Council's attention that regardless whether County bought the additional land or not, it is a short term solution, that it would only relieve the situation for a few years. Eventually, some other alternative will have to be found. • Councilwoman Cline asked if Hudgens had any idea where? Hudgens stated he would be in contact with the County, area govern- ments, as well as the Gulf Coast Waste Disposal Authority. We will be looking at alternatives. Councilwoman Cline added, the thing that disturbs her is that it is a local citizen that owns the property being discussed, and he professess to be a concerned citizen; came out with "Outlook '81" and entertained everybody in town, but yet he is holding Commissioners Court's feet to the fire for money this thing and looks like he should come down off his high horse and come down on the price of this land so everybody can benefit and have a better "Outlook '81" and get their garbage dumped. Councilman Simons expressed concern about communications. He would like to see it beefed up a little and when the Council is to be informed about something he wants to be informed. Councilwoman Cline asked for a short executive session to discuss a contractural matter with the City Attorney. Council adjourned into executive session at 7:30 P.M. Council returned to the Council table at 7:45 P.M. • Mayor Meza stated, City Manager Hudgens will contact Ken Strum by letter concerning the City's liability insurance, and we will expect an answer by next Wednesday. • • Minutes, Regular Meeting, February 4, 1981, Page 7 Motion was made by Councilwoman Cline to adjourn. Seconded by Councilman Simons. The meeting was duly adjourned at 7:50 P.M. Respectfully submitted: a?~~~~~ Betty T. Waters City Secretary Passed and Approved this the 18th day of February, 19 81 J. J. Meza, Mayor • . ,y, ... , ,,>, ~ ., x.,, ., ,, , ~:. .. • ,.. r :, .~ . ~. CITY OF LA PORTE INTER-OE'FIC~ t•1Ef~tORAPfDUh1 T0: J. R. Nudge DATE F RO ~1: John Joerns ~ SUBJECT: Award Recomm ation; (1) Six Second Theodolite and (1) Electronic Distance Meter The Engineering Division has reviewed the bids on th.e six (6) . second digital theodolite and the electronic distance meter. [de recommend the acceptance of the bid submitted by•Bayshore Surveying ' Instrument Co., Inc. Recommended Award ~ ~ ' Six Second Theodolite (Lieu TM-6) $ 2,870.15 Electronic Distance Meter (Lieu Red - lA) 5,002.25 In addition to being the lowest qualified bidder, Bayshore Surveying Inst. Co ~s located nearby in Deer Park and has main- tenance and repair capabilities. Both items are in stock and will be delivered immediately upon acceptance. ' • JJ/dsw • cc: Betty Waters U ._ . _ ,;,, ..~ .:.. ,, .. MEMORANDUM T0: Jim Hudgens City Manager FROM: Jerry Ho e, ector of Public Works HATE: Februar ~2, 9 1 SUBJECT: Gra all The City of La Porte has recieved sealed bids from Hi-Way Equipment Company, and Hi-Way Machinery Company for a hydraulic excavating and grading machine. Both companies bid the Gradall G-440. I recommend that the low bid of $92,200 from Hi-Way Equip- ment Company be accepted. • • ORDINANCE N0. ~~ • AN ORDINANCE AMENDING THE 1979 EDITION OF THE SOUTHERN STAND ARD BUILDING CODE, AS AMENDED, AND ALSO KNOWN AS THE BUILDING CODE OF THE CITY OF LA PORTE; BY AMENDING SECTION 706.5, REQUIREMENTS FOR ROOFS OUTSIDE FIRE DISTRI CTS; PROVIDING REGULATIONS ON PRIVATE DETACHED GARAGES, CARPORTS, AND FARM BUILDINGS; BY AMENDING SECTION 706.6, WOOD SHINGLES AND SHAKES, REQUIRING U.L. CLASS."C" FIRE RETARDANT TREATED SHINGLES AS A MINIMUM FOR WOOD SHINGLE INSTALLATION: PROVIDING A SEVERABILITY CLAUSE; PRO- VIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN ANY SUM NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00), AND PROVIDING EACH DAY OF VIOLATION SHALL CONSTITUTE A SEPARATE OFFENSE; CONTAINING A REPEALING • CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETING LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: SECTION 1. Sections 706.5 and 706.6 of the Southern Standard Building Code, 1979 Edition, heretofore adopted by the City Council of the City of La Porte, be, and the same is hereby amended to read as follows, to-wit: "Section 706.5 - REQUIREMENTS FOR ROOFS OUTSIDE FIRE DISTRICT. Roofs on buildings outside the Fire District, as established in Chapter III, shall have Class A, Class B, or Class C roof coverings, as specified herein. Wood Shingles or Shakes may be used as pro- vided in Section 706.6. Private detached garages, carports, and • farm buildings as defined in Section 504 are regulated by this .section." "Section 706.6 - WOOD SHINGLES AND SHAKES OUTSIDE THE FIRE DISTRICT. Buildings not over three (3) stories in height and/or nine thousand (9,(!00) seuare fee* (For A_~lowable Area Increases see Secti~;a 402.3 for horizontal separation modifications and Table 400 for sprinkler modifications) in area and located six (6) feet from the property line may be roofed with U. L. approved Class " C" Flre Retardant treated grade-labeled No. 1 or No. 2 Wood Shingles and No. 1 Shakes with a minimum butt thickness of one half (1/2) inch, securely fastened with rust resistant nails." ORDINANCE No. ~~ 9 • • SECTION 2. If any section, paragraph, subdivision, clause, phrase, or provision of this Ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this Ordinance as a whole or any part or portion thereof, other than the portion so declared to be invalid or unconstitutional. SECTION 3. In addition to and cumlative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this Ordinance. SECTION 4. Any person as def fined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Two Hundred Dollars ($200.00). Each violation • and each day the violation continues shall constitute separate and individual offenses and shall be punishable accordingly. SECTION 5. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this Ordinance by causing the caption hereof to be published in the official newspaper in the City of La Porte at least twice within ten (10) days after the passage of this Ordinance. SECTION 6. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the • City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252 - 17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, con- sidered and formally acted upon. The City Council further rati- fies, approves and confirms such written notice and the contents • and posting thereof. PAGE 2 PASSED AND APPROVED, this the 4th Day of February, 1981. ORDINANCE No. ~ ' ~ Page 3 .CITY OF LA PORTE BY J. J. Meza, Mayor ATTEST: City Secretary APPROVED: City Attorney a