05032011 Regular Meeting - Laserfiche WebLink

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declaring an effective date. 14.Consider adoption of Resolution 2011 -46R approving an Interlocal Agreement with Texas State University -San Marcos providing funding in an amount not to exceed $500,000.00, inclusive of easement acquisition costs, for water and wastewater line extensions to support the development by Texas State for a Science Research Park and Commercialization Center at Hunter Road and McCarty Lane; authorizing the City Manager to execute said agreement on behalf of the Citv; and declaring an effective date. 15.Consider approval of Change Order #5 to TNT Construction, Inc. for the Rio Vista Tennis Courts Proiect in the amount of $84,826.00. 16.Consider Change Order #8 for the Wonder World Drive Extension protect in the amount of $40,326.22 to JC Evans Construction, Items 8 and 15 were pulled to be considered separately. MOTION: Upon a motion made by Council Member Terry and a second by Council Member Thomason, the City Council voted (7) for and (0) opposed, Council Members Porterfield and Jones abstained only to avoid the appearance of impropriety, on item #14 (affidavits were filed with the City Clerk's Office -see attached Council Member Jones opposed items #9 and 16, to approve the Consent Agenda, with the exception of item #8 and 15 which were pulled from the consent agenda and considered separately. The motion carried. (8) MOTION: Upon a motion made by Council Member Porterfield and a second by Council Member Jones, the City Council voted (7) for and (0) opposed, to postpone consideration of the April 19, 2011, Regular Meeting Minutes until the May 17, 2011 meeting. The motion carried. (15) MOTION: Upon a motion made by Council Member Jones and a second by Council Member Porterfield, the City Council voted (4) for and (3) opposed (Council Members Jones, Prather and Terry), to approve Change Order #5 to TNT Construction, Inc as previously captioned. The City Council directed Staff to bring back the "On Call List" for Council to reconsider, and to bring back a clause in future contracts with an additional protection for disputed work that would protect the taxpayer's interest. The motion carried. PUBLIC HEARINGS 17. 8:OOPM Hold a Public Hearing for or against a request by ETR Development on behalf of Chestnut Street Lofts for the abandonment of a 246 foot undeveloped portion of Right Of Way platted as Live Oak St, and also known as Acorn St, extending from Chestnut St to Sessom Drive; and provide direction to City staff to vroceed with the proce ssin . At approximately 8:16 p.m. Mayor Guerrero opened the Public Hearing.