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HomeMy WebLinkAbout1992-08-24 Regular Meeting MINUTES OF THE REGULAR MEETING OF LA PORTE CITY COUNCIL AUGUST 24, 1992 1. The meeting was called to order by Mayor Malone at 6:00 P.M. Members of City Council Present: Mayor Norman Malone, Councilpersons Guy Sutherland, Mike Cooper, Alton Porter, Deotis Gay, Jack Maxwell, Jerry Clarke Members of Citv Council Absent: Councilpersons Bob Thrower and Bob McLaughlin Members of City Staff Present: City Manager Bob Herrera, City Attorney Knox Askins, City Secretary Cherie Black, Assistant City Manager John Joerns, Police Chief Bobby Powell, Human Resources/Purchasing Manager Louis Rigby, Director of Public Works Steve Gillett Others Present: Sunshine Hayes, Lou Lawler, Carolyn Anderson, Les Marks, Dr. Ruede Wheeler, two citizens 2. The invocation was given by Councilperson Porter. 3. Council considered approving the minutes of the regular meeting held August 10, 1992. Motion was made by Councilperson Cooper to approve the minutes of August l0 as presented. Second by Councilperson Clarke. The motion carried, 6 ayes, 0 nays, 1 abstain. Ayes: Councilpersons Sutherland, Cooper, Porter, Maxwell, Clarke and Mayor Malone Nays: None Abstain: Councilperson Gay (had not been present at that meeting) 4. Centennial Certificates of Appreciation were presented to Sunshine Hayes and Les Marks. 5. There were no citizens wishing to address Council. 6. Council considered an ordinance appointing members to the Civil Service Commission. The City Attorney read: ORDINANCE 1857 - AN ORDINANCE APPOINTING MEMBERS OF THE CIVIL SERVICE COMMISSION; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Gay to adopt Ordinance 1857 as read by the City Attorney, and that James Longnecker be aUUOinted to a term ending May 30 1993: Robert Swanagan be ~i~~c2~ • Minutes, Regular Meeting, La Porte City Council August 24, 1992, Page 2 a~~ointed to a term ending May 30, 1994: and Keith Trainer be appointed to a term ending Mav 30. 1995. Second by Councilperson Clarke. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None 7. Council considered an ordinance approving and authorizing a contract for removal and disposal of underground storage tank. The City Attorney read: ORDINANCE 1858 - AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND REMEDIAL CONSTRUCTION SERVICES, FOR THE REMOVAL OF UNDERGROUND STORAGE TANK FIRE STATION l; APPROPRIATING $5,910.00 TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Cooper to adopt Ordinance 1858 as read by the City Attorney. Second by Councilperson Maxwell. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None 8. Council considered appointing a voting delegate and an alternate voting delegate to National League of Cities annual business meeting. Motion was made by Councilperson Sutherland that Councilperson Deotis Gay be named as voting delegate and Councilperson Jack Maxwell be named as alternate voting delegate. Second by Councilperson Clarke. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None 9. The City Manager gave a report on Hurricane Andrew preparations. 10. Councilpersons Sutherland, Cooper, Maxwell, Clarke and Mayor Malone brought items to Council's attention. 11. The executive session on the agenda was not covered; however, an emergency addendum to the executive session was read by the Mayor, and Council adjourned into executive session at 6:36 P.M. under V.A.T.S. - Article 6252-17, Section 2(E) - (Legal) Minutes, Regular Meeting, La Porte City Council August 24, 1992, Page 3 Discussion with the City Manager and City Attorney regarding Houston Chemical Services, Inc., litigation. Council returned to the table at 7:20 P.M. 12. There being no further business to come before the Council, the meeting was duly adjourned at 7:21 P.M. Respectfully submitted: } Cherie Black, City Secretary Passed & Approved this the 14th da;y of September, 1992 Orman L. Malone, Mayor • i t ORDINANCE NO. 1857 AN ORDINANCE APPOINTING MEMBERS OF THE CIVIL SERVICE COMMISSION; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTS: Section 1. The City Council of the City of La Porte hereby makes the following appointments to the Civil Service Commission, for terms beginning on the effective date hereof, and ending as specified; provided, however, all appointees shall serve until their successors have been duly appointed and qualified: Member Term Ends May 30, 1993 ~-c~ May 30, 1994 ~o~~ I May 30, 1995 Section 2. 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, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the of , 1992. CITY OF LA PORTS Norman L. Malone, Mayor ATTEST: Cherie Black, City Secretary APPROVED: Knox W. Askins, City Attorney Agenda Date Requested: Requested By: S. Gillet Department: Public Works Report C Resolution XXXX Ordinance Exhibits: Ordinance No. Engineer's Recommendation Bid Tabulation This past year, the City of La Porte developed a Fuel Storage Management Plan, in compliance with recent TWC and EPA regulations regarding underground storage tanks (UST). The Plan recommended phased removal of all UST's, beginning with the 2,000 gallon tank located at Fire Station 1. Sealed proposals for the removal and disposal of this tank were opened on August 17, 1992. Four bids were received, with low bid from Remedial Construction Services in the amount of $4,470.00. Bid tabulation is attached. The Proposal was structured to account for minor soil contamination from fuel spills over the years. There is no evidence that the tank has leaked. However, excavation could reveal heavier contamination, and prices were received for removal and disposal of this soil, if required. For purposes of awarding the bid, it is estimated that removal of 20 cubic yards of heavily contaminated soil will be required, at $72.00 per cubic yard, for a total of $1,440.00. This would bring the total authorized expenditure to $5,910.00. By registration of the City's tanks, and payment of the yearly registration fee to the Texas Water Commission, any funds expended, over $1,000 and up to $1,000,000, for remediation of a leaking tank is eligible for reimbursement. Reimbursement does not include actual removal of the tank. Funds were budgeted in the FY 1991/92 General Fund CIP Budget (Fund 015), in the amount of $16,500. Action Required by Council: Award bid for removal and disposal of the 2,000 gallon underground storage tank at Fire Station 1 to Remedial Construction Services in the amount of $4,470.00, and removal of 20 cubic yards of heavily contaminated soil, if required, at $72.00/cubic yard, totaling $1,440, for a total authorization of $5,910. Availability of Funds: General Fund Water/Wastewater XXX Capital Improvement General Revenue Sharing Other Account Number: 015-700-500-510 Funds Available: ~~.YES NO approved for City Council Agenda Robert T. Herrera DATE City Manager ~~ ff: lY#.~~~~ ;: ~~~ ~ ~ August 18, 1992 CITY OF LA PORTE P.O. Box 1115 La Porte, Texas 77572-1115 ATTN: Steve Gillett Director of Public Works 1425 26TH STREET LA PORTE, TEXAS 77571 713 / 471-7590 RE: City of La Porte Fire Station Underground Storage Tank Removal Proposal Recommendations Dear Mr. Gillett: Attached is the Proposal Tabulation to construct the City of La Porte Fire Station Underground Storage Tank Removal. The apparent low bidder was Remedial Construction Services with a bid of $4,470.00. The second low bidder was Gulf Environmental, Inc. with a proposal bid of $8,407.00. There were no irregularities in either proposal bid. Should you have any questions, please do not hesitate to call. You s truly, William T. Manning, P.E., R President :dr Attachments P R O P O S A L T A B U L A T I O N CITY OF LA FORTE FIRE STATION UNDERGROUND STORAGE TANK REMOVAL ~< DATE: AUGUST 17, 1992 TIME: 2.00 P.M. PAGE 1 OF 1 CONTRACTOR TOTAL BID ADDITIONAL WORK CALENDAR DAYS TO COMPLETE REMEDIAL CONSTRUCTION SERVICES $ 4,470.00 $ 72.00/cu. yd. BLANK GULF ENVIRONMENTAL, INC. $ 8,407.00 $ 85.00/CU. yd. 5 1ST A.P.R. $ 9,800.00* $ 95.00/cu. yd. 14 HOLLOWAY COMPANY, INC. $13,018.00 $200.00/cu. yd. 180 *Irreqularities in Bid Calculations `~ 9~ PREP ED BY~ MA~N/NING ENGINEERING CORPORATION DATE ~ ~GL~~ \./, Gt/1LfGGt1 ~~ WILLIAM T. MANNING, .E., .5., PRESIDENT • A COPY OF THE CONTRACT IS AVAILABLE FOR VIEWING IN THE OFFICE OF THE CITY SECRETARY ORDINANCE NO. 185$ AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND REMEDIAL CONSTRUCION SERVICES, FOR THE REMOVAL OF UNDERGROUND STORAGE TANK FIRE STATION 1; APPROPRIATING $5,910 .00 TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. City Council appropriates the sum of $5,910.00, from the General CIP Fund Budget (Fund 015), to fund said contract. Section 2. 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, considered and formally acted upon. The City Council further ORDINANCE NO. 1858 Page 2 ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 24th day of August, 1992. ATTEST: C erie B ac City Secretary APPROX~D: .~~ ~~ Knox W. As ins City Attorney CITY OF LA PORTE BY Norman L. Ma one Mayor A COPY OF THE CONTRACT IS AVAILABLE FOR VIEWING IN THE OFFICE OF THE CITY SECRETARY ~e~e~ National 1301 Pennsylvania Avenue N.W. Officers League Washington, D.C. President O} 20004 Glenda E Hood Commissioner, Orlando, Florida Cities (202) 626-3000 August 5 1992 Fax: 202 626-3043 First Vice President ( ) Donald M. Fraser ~ Mayor, Minneapolis, Minnesota Second Vice President Sharpe James Mayor, Newark, New Jersey MEMORANDUM Immediate Past President Sidney J. Barthelemy Mayor, New Orleans. Louisiana Executive Director To: City Clerks of Direct Member Cities Donald Drat From: Donald J. Borut, Executive Directo Subject: Designation of Voting and Alternate Voting Delegates, Annual Congress of Cities, November 28 -December 2, 1992 New Orleans, Louisiana The National League of Cities' Annual Business Meeting will be held Tuesday, December 1, 1992 at the Congress of Cities in New Orleans, Louisiana. Under the Bylaws of the National League of Cities, each direct member city is entitled to cast from one to 20 votes, depending upon the city's population, through its designated voting delegate at the Annual Business Meeting. The table on the reverse side of this memorandum shows the breakdown of votes by population categories. To be eligible to cast the city's vote(s), each voting delegate and alternate voting delegate must be designated by the city using the attached form which will be forwarded to NLC's Credentials Committee. NLC's Bylaws expressly prohibit voting by proxy. Thus, the designated voting delegates must be present at the Annual Business Meeting to cast the city's vote or votes. To enable us to get your credentials in order and to provide your voting delegates with proposed National Municipal Policy amendments and proposed Resolutions prior to the Congress of Cities, we ask that you return the WHITE copy of the completed form to NLC on or before October 2, 1992. Apre-addressed envelope is attached. Upon receipt of these names, NLC will send each voting and alternate voting delegate a set of instructions on registration and rules governing the conduct of the Annual Business Meeting. To assist your state municipal league in selecting delegates to cast votes on behalf of the state municipal league, please forward the YELLOW copy of the credential form to your state league office and keep the PINK copy for your records. If you have any questions, please contact Lesley-Ann Rennie at (202) 626-3020. Pest Presidents: Tom Bradley, Mayor, Los Angeles, California • Ferri L. Harrison, Mayor, Scotland Neck, North Carolina • Cathy Reynolds, Councilwoman~at-Large, Denver, Colorado • Directors: Joseph L. Adams, Councilmember, University City, Missouri • Victor Ashe, Mayor, Knoxville, Tennessee • Barbare M. Asher, Councilmember, Atlanta, Georgia • Margarot Carroll Barrett, Council Member, Jackson, Mississippi • Kenneth Bullock, Executive Director, Utah League of Cities and Towns • James V. Burgess, Jr., Executive Director, Georgia Municipal Association • William D. Burney, Jr., Mayor, Augusta. Maine • Jon C. Burroll, Executive Director, Maryland Municipal League • Patricia Castillo, Mayor, Sunnyvale, California • Peao Chavez, Councilor, Santa Fe, New Mexico • Larry D. Cole, Mayor, Beavenon, Oregon • John G. Curren, City Council President, Rochester, New York • Beth Boosalls Davis, Alderman, Evanston, Illinois • Thomas G. Fitzsimmons, Executive Director, Illinois Municipal League • Martin Gipson, Alderman, North Little Rock, Arkansas • Gardest Glllssple, Council President, Gary, Indiana • Vicki H. Goklbaum, Councilwoman, Southfield, Michigan • Charles K. Hezema, Mayor, Rochester, Minnesota • William Jarockl, Executive Director, Association of Idaho Cities • Lewronce J. Kelly, Mayor, Daytona Beach, Florida • Bob Knlghl, Mayor, Wichita, Kansas • Christopher G. Lockwood, Executive Director, Maine Municipal Association • Gary Merkenson, Executive Director, Missouri Municipal League • Jeffrey T. Markland, Mayor, Urbana, Illinois • Gary McCalsb, Mayor, Abilene, Texas • Msyere Oberndorf, Mayor, Virginia Beach, Virginia • Judith P. Olwn, Councilmember, Madison, Wisconisn Charles J. Pasqua, Executive Director, Louisiana Municipal Association • Elaine A. plalzgrot, Councilmember, Cedar Falls, Iowa • Sandra Pickett, Mayor Pro Tempore, Liberty, Texas • Mark Schwartz, Council Member, Oklahoma City, Oklahoma • William F. Stallworth, Councilman, Biloxi, Mississippi • Daniel K. Tabor, Councilmember, Inglewood, California • Peul E. Thornton, Councilmember, Vienna, West Virginia • Doris Wa-d, Supervisor, San Francisco, California • Wellington Webb, Mayor, Denver, Colorado • Mary Rose Wilcox, Councilwoman, Phoenix, Arizona • Rlllastine R. Wilkins, Councilwoman. Muskegon Heights, Michigan • Alice K. Wolt, Mayor, Cambridge, Massachusetts • Robert G. lbung, Jr., Mayor, Henderson, North Carolina Recycled Paper o • NATIONAL LEAGUE OF CITIES ANNUAL CONGRESS OF CITIES Number of Votes -Direct Member Cities Article IV, Section 2 of NLC's Bylaws specifies as follows the number of votes which each member city of the National League of Cities is entitled to cast at the Annual Congress of Cities: Under 50,000 1 vote 50,000 - 99,999 2 votes 100,000 - 199,999 4 votes 200,000 - 299,999 6 votes 300,000 - 399,999 8 votes 400,000 - 499,999 10 votes 500,000 - 599,000 12 votes 600,000 - 699,000 14 votes 700,000 - 799,000 16 votes 800,000 - 899,000 18 votes 900,000 and above ~ 20 votes Note: Member cities are required by the Bylaws to cast unanimous votes. 1992 CONGRES~JF CITIES -- NEW ORLE/~S, LOUISIAN/~ To: Chairman Credentials Committee National League of Cities 1301 Pennsylvania Avenue' N.W. Washington D. C. 20004 :• ~~FOR'OFFICS :.USE •ONLY ". •; ' ~ ~!; ' S ~.~. ~ 'ta 1 :, Nos •..of''iVot~s`; The official voting delegate and alternates of the City of are as follows: FOR OFFICE USE ONLY ' Adii~~ .' Cre . ~ . 'F On=S"~e Cre:' " ' -a [tecor~, ID ~ ,ti_ 1. NAME _. _ ':FOR ~OFFICE,USE~~ONLY ~~"` VOTING CARD tISSUED T04 ~~' ' , ~ ~` `' f 1:~ Signature ~ - ~. . , ,, VOTING DELEGATE TITLE STREET ADDRESS (PIEASE;,DONOT~USE_P:OY$OR_NUMBERS) CITY FOR~OFFICB USB.ONLY ". 'Adv. Cre: . ;'` Oii-Site 'Cre: "~ ~ ' Record ID 2. STATE ZIP CODE ' 'FAR` OFFICE .USE`;ONLY.: ': ' Adv3 -;Cre , r ~ ' On-YSte~ Cre.` '~ Record'. ID~~~ ' ., 1 ,{ ALTERNATE VOTING DELEGATES TITLE STREET ADDRESS (DO,NOT~USE P:O. BOR.NO:) CITY, STATES ZIP CODE 3. NAME TITLE STREET ADDRESS (DO' NOT USE _P,:O:~'jBOX~NO.) CITY, STATE, ZIP CODE SIGNED: TITLE: DATE: NOTE: Each direct member city is entitled to one voting delegate and two alternate voting delegates. The number of votes which can be cast is based on the city°s population as determined in the 1980 Census. 9Ir ~Ic dt ik if * ~r if ~ it it it 3Y it it ~ 1. PLEASE DO NOT FILL IN SHADED AREA. THIS IS FOR NLC OFFICE USE ONLY 2. Please type or print; your city name in the apace provided 3. Please type or print the names titles cityn state and zip code of your voting delegate and alternate(s). 4. Please sign the WHITE form and return to Chairman, Credentials Co®ittee; send the YELLOW copy to your State League Director; and keep PINK copy for your records.