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I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Regular
Meeting of the Corpus Christi City Council of April 8, 2014 which were approved by the City
Council on April 15, 2014.
WITNESSETH MY HAND AND SEAL, on this the 15th day of April, 2014.
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Rebecca Huerta
City Secretary
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Corpus Christi Corpus Christi,TX 78401
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-- Meeting Minutes
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City Council
Tuesday,April 8, 2014 11:30 AM Council Chambers
Public Notice - -THE USE OF CELLULAR PHONES AND SOUND ACTIVATED
PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING
MEETINGS OF THE CITY COUNCIL.
A. Mayor Nelda Martinez to call the meeting to order.
Mayor Martinez called the meeting to order.
B. Invocation to be given by Rabbi Kenneth D. Roseman, Congregation Beth Israel.
Rabbi Kenneth D. Roseman gave the invocation.
C. Pledge of Allegiance to the Flag of the United States.
Assistant City Manager Gus Gonzalez gave the Pledge of Allegiance.
D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers.
City Secretary Rebecca Huerta called the roll and stated that a quorum of the
Council and required Charter Officers were present to conduct the meeting.
City Secretary Huerta announced that Mayor Pro Tern Priscilla Leal has been
granted a leave of absence.Mayor Martinez announced that due to the absence
of Mayor Pro Tern Leal,she will rotate the Mayor Pro Tern position during April
and May.
Charter Officers:
City Manager Ron Olson,Interim City Attorney Barney L. Knight,and City
Secretary Rebecca Huerta.
Present: 8- Council Member Kelley Allen,Council Member David Loeb,Mayor Nelda
Martinez,Council Member Mark Scott,Council Member Chad
Magill,Council Member Colleen Mclntyre,Council Member Lillian Riojas,
and Council Member Rudy Garza
Absent: 1 - Council Member Priscilla Leal
E. Proclamations/Commendations
1. Proclamation declaring April 6-12, 2014, as "National Crime Victims'
Rights Week"
Proclamation declaring April 7-11, 2014, as "Human Trafficking
Awareness Week"
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Proclamation declaring April 24, 2014, as "Pay It Forward Day"
Proclamation declaring April 2014, as "Corpus Christi Safe Digging
Month"
Proclamation declaring April 2014, as "Sexual Assault Awareness &
Prevention Month"
Mayor Martinez presented the proclamations.
F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON
THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT
PRESENTATIONS TO THREE MINUTES. A recording is made of the meeting;
therefore, please speak into the microphone located at the podium and state
your name and address. If you have a petition or other information pertaining to
your subject, please present it to the City Secretary.
Mayor Martinez called for comments from the audience.Johnny French spoke
regarding the opossum policy.Dr.Tony C. Diaz and Abel Alonzo spoke
regarding the hard work by City staff and officials on addressing the water
supply.Art Norman spoke regarding war games being conducted at Oso Creek
Park and asked the Police Department to enforce the ordinances violated by
this activity.
G. CITY MANAGER'S COMMENTS I UPDATE ON CITY OPERATIONS:
Mayor Martinez referred to City Manager's Comments.
b. Other
1)City Manager Olson introduced the"City Employee of the Quarter"Mary Ann
Reddy with the Engineering Services Department. 2)The American Institute of
Architects(AIA)has approved the Regional/Urban Design Assistant Team
(R/UDAT)study for the greater downtown area.3)The Texas General Land
Office(GLO)provided an update on the recent oil spill and reported that the
spill has been cleaned up with no reports of negative affects.4)The City
applied for a grant in conjunction with the rebuilding of a marina pier and has
received approval for the grant in the amount of$502,000 from Texas Parks
and Wildlife. 5)Mr.Olson invited the City Council to attend the City Employee
Talent Show scheduled for May 10th at the American Bank Center Selena
Auditorium.
a. City Performance Report - Health Department
Director of Public Health Annette Rodriguez provided a briefing on the
operations,mission and goals of the Health Department.
MINUTES:
4. City Council Retreat of March 4, 2014 and Regular Meeting of March
25, 2014
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Mayor Martinez called for approval of the minutes.Council Member Loeb made
a motion to approve the minutes,seconded by Council Member Garza and
passed unanimously.
J. BOARD & COMMITTEE APPOINTMENTS: (NONE)
K. EXPLANATION OF COUNCIL ACTION:
L. CONSENT AGENDA: (ITEMS 5 - 10)
Approval of the Consent Agenda
Mayor Martinez deviated from the agenda and called for the consent agenda.
There were no comments from the Council or the public.The following
consent agenda was passed by one vote as follows:
Aye: 8- Council Member Allen, Council Member Loeb, Mayor Martinez, Council
Member Scott, Council Member Magill, Council Member McIntyre, Council
Member Riojas and Council Member Garza
Absent: 1 - Council Member Leal
Abstained: 0
5. Service Agreements for Storm Water Improved ROW Strip
Mowing and Bayfront Parks and Medians Turf and Grounds
Maintenance
Motion approving service agreements with the following companies, in
the following amounts for Storm Water Improved ROW Strip Mowing
and Bayfront Parks and Medians Turf and Grounds Maintenance in
accordance with Bid Invitation No. BI-0079-14, based on lowest
responsible bid for an estimated annual expenditure of$673,540.40 of
which $336,770.20 is required for the remainder of FY 2013-2014.
The terms of the contracts will be for twelve (12) months with options
to extend for up to two (2) additional twelve-month periods, subject to
the approval of the Contractors and the City Manager or designees.
Funds have been budgeted by the Utilities and Parks and Recreation
Departments in FY 2013-2014.
Storm Water Improved ROW Bayfront Parks & Medians
Strip Mowing Turf& Grounds Maintenance
Aspen Lawn Care D-Bar Contractors
Corpus Christi, TX. San Benito, TX
$109,399.90 $152,423.60
D-Bar Contractors Maldonado Nursery &
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San Benito, TX Landscape, Inc.
$52,186.40 Corpus Christi, TX
$211,131.90
Dorame General Repair& Lawn, LLC
Corpus Christi, TX
$101,346.00
Maldonado Nursery & Landscape, Inc.
Corpus Christi, TX
$47,052.60
Total: $309,984.90 Total: $363,555.50
Grand Total $673,540.40
This Motion was passed on the Consent Agenda.
Enactment No: M2014-044
6. Supply agreement for liquid aluminum sulfate for use at the 0. N.
Stevens water treatment plant
Motion approving a supply agreement with General Chemical
Performance Products LLC, Parsippany, New Jersey for liquid
aluminum sulfate in accordance with Bid Invitation No. BI-0090-14
based on lowest responsible bid for an estimated annual expenditure
of$1,248,390.00, of which $624,195.00 is required for the remainder
of FY 2013-2014. The term of the agreement shall be for twelve (12)
months with options to extend for up to two (2) additional
twelve-month periods, subject to the approval of the supplier and the
City Manager or designee. Funds have been budgeted by the Utilities
Department in FY 2013-2014.
This Motion was passed on the Consent Agenda.
Enactment No: M2014-045
7. Supply agreement for hot tap fittings for repairing or adding lines
for new gas service
Motion approving a supply agreement with M.T. Deason Company,
Inc., Birmingham, Alabama for hot tap fittings in accordance with Bid
Invitation No. BI-0093-14 based on only bid for an estimated annual
expenditure of$90,264.00, of which $45,132.00 is required for the
remainder of FY 2013-2014. The term of the agreement shall be for
twelve (12) months with options to extend for up to two (2) additional
twelve-month periods, subject to the approval of the supplier and the
City Manager or designee. Funds have been budgeted by the Utilities
Department in FY 2013-2014.
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This Motion was passed on the Consent Agenda.
Enactment No: M2014-046
8. Second Reading Ordinance -Amending the Unified Development
Code by increasing time limit for Council action on applications
(1st Reading 3/25/14)
Ordinance amending the Unified Development Code by revising
subsections 3.3.3.0 and 3.4.2.D regarding City Council final action on
Zoning Map amendments (rezonings), and historic overlay districts or
landmark designations; and providing for severance, penalties, and
publication.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No 030147
9. Second Reading Ordinance -Amending the Fiscal Year 2013-14
Operating Budget to extend it by two months (1st Reading
3/25/14)
Ordinance amending the Fiscal Year 2013-2014 Operating Budget
adopted by Ordinance No. 029915 to extend fiscal year 2013-2014
two months, by increasing total revenues by $111,715,725 and total
expenditures by $106,187,250 in the General Fund, Internal Service
Funds, Enterprise Funds, and Special Revenue Funds.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030148
10. Second Reading Ordinance -Type A Agreement for Hausman
Foods, LLC (1st Reading 3/25/14)
Ordinance Approving a Business Incentive Agreement between the
Corpus Christi Business and Job Development Corporation ("Type A
Corporation") and Hausman Foods, LLC ("Hausman") to provide a
grant of up to $205,920, for the creation of jobs and authorizing the
City Manager, or designee, to execute a Business Incentive Project
Service Agreement with the Type A Corporation regarding
implementation and administration of the Hausman Business Incentive
Agreement for the creation of jobs; and appropriating $205,920 from
the unreserved fund balance in the No. 1140 Business/Job
Development Fund for said business incentive grant from the Type A
Corporation to Hausman; and changing the FY 2013-2014 operating
budget, adopted by Ordinance No. 029915, by increasing proposed
expenditures by $205,920.
This Ordinance was passed on second reading on the Consent Agenda.
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Enactment No: 030149
M. PUBLIC HEARINGS: (ITEMS 11 - 12)
11. Public hearing regarding a "Substantial Amendment" to the
FY2013-2014 Consolidated Annual Action Plan to extend the
current Fiscal Year
Public hearing to inform the general public of the extension of the
FY2013-2014 Consolidated Annual Action Plan which will be August 1,
2013 to September 30, 2014 and to allow for public comment.
Mayor Martinez referred to Item 11.Director of Housing and Community
Development Eddie Ortega stated that the purpose of this item is to hold a
public hearing for a substantial amendment to the FY2013-2014 Consolidated
Annual Action Plan.Mr.Ortega reported that the agenda memo referenced the
comment period regulation 24 CFR 94.115 and it should have read 24 CFR
91.105.Council Member Loeb made a motion to open the public hearing,
seconded by Council Member Scott.There were no comments from the
Council or the public.Council Member McIntyre made a motion to close the
public hearing,seconded by Council Member Scott and passed.
12. Public Hearing and First Reading Ordinance - Exempting The
Grand Reserve Subdivision Unit 2, located between Glenoak and
Caribbean Drives and East of Flour Bluff Drive, from the
wastewater lot/acreage fees
Ordinance exempting The Grand Reserve Subdivision Unit 2, a
subdivision located between Glenoak and Caribbean Drives, East of
Flour Bluff Drive, from the payment of wastewater lot/acreage fees
under Section 8.5.2.G.1 of the Unified Development Code; requiring
the owner/developer to comply with the specified conditions.
Mayor Martinez referred to Item 12.Interim Director of Development Services
Barney Williams stated that the purpose of this item is to exempt The Grand
Reserve Subdivision Unit 2 from wastewater lot/acreage fees because it is
unlikely that the subdivision will receive wastewater within the next 15 years.
Mr.Williams stated that Planning Commission and staff were in favor of the
exemption.Council Member McIntyre made a motion to open the public
hearing,seconded by Council Member Magill.There were no comments from
the Council or the public.Council Member Loeb made a motion to close the
public hearing,seconded by Council Member McIntyre and passed.This
Ordinance was passed on first reading and approved with the following vote:
Aye: 8- Council Member Allen, Council Member Loeb, Mayor Martinez, Council
Member Scott, Council Member Magill, Council Member McIntyre, Council
Member Riojas and Council Member Garza
Absent: 1 - Council Member Leal
Abstained: 0
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H. EXECUTIVE SESSION: (ITEMS 2 -3)
Mayor Martinez deviated from the agenda and referred to the day's executive
sessions.The Council went into executive session.
2. Executive session pursuant to Section 551.071 of the Texas
Government Code for consultation with attorneys to seek advice on
contract matters, with possible action and discussion in open session.
This E-Session Item was discussed in executive session
3. Executive Session pursuant to Texas Government Code Section
551.071 to consult with attorneys regarding contemplated litigation
related to the city wastewater systems, with possible discussion and
action in open session.
The Council returned from executive session.Mayor Martinez stated that the
following motion was discussed in e-session for Council consideration:
Motion to amend legal services agreement with Lloyd Gosselink to authorize
funding up to$900,000 for subcontracts for additional technical evaluation of
wastewater systems,subject to certification of funds.
Council Member McIntyre made a motion to approve the motion as presented,
seconded by Council Member Loeb,and passed.
Enactment No: M2014-043
N. REGULAR AGENDA: (NONE)
O. FIRST READING ORDINANCES: (ITEMS 13 -20)
13. First Reading Ordinance - Participation agreement for the bridge
on South Oso Parkway
Ordinance authorizing the City Manager, or his designee, to execute a
Participation Agreement with VOJO Ventures, LLC, Developer of The
Coves at Lago Vista Unit 3B, in the amount of$171,451.95 for the
City's portion of the cost of the South Oso Parkway Bridge over King
Estates Ditch, in accordance with the Unified Development Code.
Mayor Martinez referred to Item 13.Interim Director of Development Services
Barney Williams stated that the purpose of this item is to authorize execution
of a participation agreement with VOJO Ventures, LLC,developer of The Coves
at Lago Vista Unit 3B, in the amount of$171,451.95 for the City's portion of the
cost for the South Oso Parkway Bridge.There were no comments from the
Council or the public.This Ordinance was passed on first reading and
approved with the following vote:
Aye: 7- Council Member Allen, Council Member Loeb, Mayor Martinez, Council
Member Magill, Council Member McIntyre, Council Member Rojas and
Council Member Garza
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Absent: 2- Council Member Leal and Council Member Scott
Abstained: 0
14. First Reading Ordinance - Appropriating funds for replacement of
Gulf beach lifeguard stand
Ordinance appropriating $11,500 from additional revenue in Fund No.
1020 General Fund, Parks and Recreation operating budget for the
replacement of Gulf beach lifeguard stand; changing FY2013-2014
Operating Budget adopted by Ordinance No. 029915 by increasing
revenues and appropriations by $11,500 each.
Mayor Martinez referred to Item 14.Director of Parks and Recreation Michael
Morris stated that the purpose of this item is to appropriate funds collected to
replace a lifeguard stand that was vandalized.Mr. Morris reported that the
perpetrator was caught and required to pay for the damages.There were no
comments from the Council or the public.This Ordinance was passed on first
reading and approved with the following vote:
Aye: 8- Council Member Allen, Council Member Loeb, Mayor Martinez, Council
Member Scott, Council Member Magill, Council Member McIntyre, Council
Member Riojas and Council Member Garza
Absent: 1 - Council Member Leal
Abstained: 0
15. First Reading Ordinance -Accepting and appropriating Regional
partial grant for the Elderly Nutrition Program
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept and appropriate a $219,808 partial
grant from the Area Agency on Aging of the Coastal Bend in the No.
1067 Parks and Recreation grants fund for the FY 2014 Senior
Community Services, Elderly Nutrition Program.
Mayor Martinez referred to Item 15. Director of Parks and Recreation Michael
Morris stated that the purpose of this item is to appropriate the annual grant
funding for the Elderly Nutrition Program in the amount of$219,808.There
were no comments from the Council or the public.This Ordinance was passed
on first reading and approved with the following vote:
Aye: 8- Council Member Allen, Council Member Loeb, Mayor Martinez, Council
Member Scott, Council Member Magill, Council Member McIntyre, Council
Member Riojas and Council Member Garza
Absent: 1 - Council Member Leal
Abstained: 0
16. First Reading Ordinance - Accepting and appropriating State
grant for home delivered meals for the elderly
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Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept and appropriate a $62,142.63 grant
from the Texas Department of Agriculture Texans Feeding Texans
Program in the No. 1067 Parks and Recreation Grants Fund for the
FY 2014 Senior Community Services- Texans Feeding Texans.
Mayor Martinez referred to Item 16. Director of Parks and Recreation Michael
Morris stated that the purpose of this item is to appropriate grant funds for the
home delivery program,Meals on Wheels.There were no comments from the
Council or the public.This Ordinance was passed on first reading and
approved with the following vote:
Aye: 8- Council Member Allen, Council Member Loeb, Mayor Martinez, Council
Member Scott, Council Member Magill, Council Member McIntyre, Council
Member Riojas and Council Member Garza
Absent: 1 - Council Member Leal
Abstained: 0
17. First Reading Ordinance - Engineering design contract for Old
Robstown Road from State Highway 44 to Leopard Street
(Proposed 2014 Bond Election)
Ordinance amending the FY 2014 Capital Improvement Budget
adopted by Ordinance No. 029916 to transfer capital reserves in the
amounts of $127,540.00 from Storm Water CIP Fund 3494,
$66,320.80 from Wastewater CIP Fund 4510, and $61,219.20 from
Water CIP Fund 4479 to the Bond 2014 Street Project Old Robstown
Road from State Highway 44 to Leopard Street; increasing
expenditures in the amount of $255,080.00; and authorizing the City
Manager, or designee, to execute an engineering design contract with
CH2M Hill Engineers, Inc., a Delaware Corporation with Branch office
in Corpus Christi, Texas in the amount of $554,390.00 for Old
Robstown Road from State Highway 44 to Leopard Street.
Mayor Martinez referred to Item 17.Executive Director of Public Works Dan
Biles stated that the purpose of this item is to execute an engineering design
contract for the Old Robstown Road project as part of the proposed 2014 bond
election.There were no comments from the Council or the public. This
Ordinance was passed on first reading and approved with the following vote:
Aye: 8- Council Member Allen, Council Member Loeb, Mayor Martinez, Council
Member Scott, Council Member Magill, Council Member McIntyre, Council
Member Riojas and Council Member Garza
Absent: 1 - Council Member Leal
Abstained: 0
18. First Reading Ordinance - Construction contract for Runway
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13-31 Extension/Displacement and Connecting Taxiway
Ordinance appropriating $23,277,531 from the Federal Aviation
Administration Grant No. 3-48-0051-050-2013 in the No. 3020 Airport
Capital Improvement Fund for the following projects: 13/31 Runway
Extension Displacement and Connecting Taxiway, 1,000 ft Extension
Displacement and Connection of Taxiways, Expansion of the North GA
Apron, Reconstruction of the East GA Apron, Reconstruction of the Air
Carrier Taxilane, Extension of Taxiway F, and Runway 18-36,
NAVIDS' Site Work and Installation of Gate 10B; changing the FY
2013-2014 Capital Budget adopted by Ordinance No. 029565 to
increase revenues and expenditures by $23,277,531; and authorizing
the City Manager or designee to execute a construction contract with
Bay, Ltd. of Corpus Christi, Texas in the amount of $34,766,637.10 for
the 13/31 Runway Extension Displacement and Connecting Taxiway
Project for the Base Bid plus Additive Alternates 1 - 8.
Mayor Martinez referred to Item 18. Executive Director of Public Works Dan
Biles stated that the purpose of this item is to appropriate and award a
construction contract for the Runway 13/31 Extension/Displacement and
Connecting Taxiway project for the Base Bid plus Additives Alternates 1-8 with
four(4)additives contingent upon Federal Aviation Administration (FAA)
funding.Mr.Biles presented the project scope,schedule and budget.There
were no comments from the Council or the public. This Ordinance was passed
on first reading and approved with the following vote:
Aye: 8- Council Member Allen, Council Member Loeb, Mayor Martinez, Council
Member Scott, Council Member Magill, Council Member McIntyre, Council
Member Riojas and Council Member Garza
Absent: 1 - Council Member Leal
Abstained: 0
19. First Reading Ordinance - Lease agreement with Brooks Chapel
for property located at 1517 Winnebago
Ordinance authorizing the City Manager or designee to execute a
lease with Brooks Chapel for property located at 1517 Winnebago for
a term of one year, with a four year renewal option.
Mayor Martinez referred to Item 20. Director of Housing and Community
Development Eddie Ortega stated that the purpose of this item is to execute a
lease agreement with Brooks Chapel for property located at 1517 Winnebago.
There were no comments from the Council or the public.This Ordinance was
passed on first reading and approved with the following vote:
Aye: 8- Council Member Allen, Council Member Loeb, Mayor Martinez, Council
Member Scott, Council Member Magill, Council Member McIntyre, Council
Member Riojas and Council Member Garza
Absent: 1 - Council Member Leal
Abstained: 0
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20. First Reading Ordinance -Appropriating funds for marketing and
co-promotion expenditures at the American Bank Center
Ordinance appropriating $100,000 from the unreserved fund balance
in the No. 1130 Arena Facility Fund and transferring to and
appropriating in the No. 4710 Visitors Facilities Fund for American
Bank Center Marketing and Co-Promotion Expenditures; changing the
FY 2013-2014 Operating Budget adopted by Ordinance No. 029915 to
increase revenue by $100,000 and expenditures by $200,000.
Mayor Martinez referred to Item 20.Assistant City Manager Wes Pierson stated
that the purpose of this item is to appropriate$100,000 from the Unreserved
Fund Balance in the Arena Facility Fund and appropriate to the Visitors Facility
Fund for American Bank Center Marketing and Co-Promotion.Mr. Pierson said
these funds are used as an incentive for securing special events at the
American Bank Center Arena.This Ordinance was passed on first reading and
approved with the following vote:
Aye: 8- Council Member Allen, Council Member Loeb, Mayor Martinez, Council
Member Scott, Council Member Magill, Council Member McIntyre, Council
Member Riojas and Council Member Garza
Absent: 1 - Council Member Leal
Abstained: 0
P. FUTURE AGENDA ITEMS: (ITEMS 21 - 24)
Mayor Martinez referred to the Future Agenda.Mayor Martinez announced that
Item 21 was withdrawn.City Manager Olson stated that staff did not have any
planned presentations.
21. Agreement for Bond Counsel Services
Motion authorizing the City Manager to enter into an agreement with
Fulbright & Jaworski, LLP of San Antonio, Texas to perform bond
counsel services for the City of Corpus Christi.
This Motion was withdrawn
22. Authorizing forensics building to be constructed at an alternate
location due to excessive cost at planned location (Bond 2012)
Resolution determining that to construct a portion of the Police Vehicle
Impound Yard and Garage Phase 2 - a Bond 2012 Project (Project) at
its originally proposed location would be unwise and unnecessary;
authorizing the City Manager or designee to proceed with construction
of the forensics building portion of the Project at an alternate, more
suitable, and less costly location.
This Resolution was recommended to consent agenda
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23. Engineering design contract amendment no. 1 for Greenwood
Wastewater Treatment Plant Process Rehabilitation/Replacement
Project
Motion authorizing the City Manager or designee to execute
Amendment No. 1 to the engineering contract with Urban Engineering
of Corpus Christi, Texas in the amount of$32,710, for a total restated
fee not to exceed $82,550 for the Greenwood Wastewater Treatment
Plant Process Rehabilitation/Replacement for additional design, bid,
and construction phase services.
This Motion was recommended to consent agenda
24. Approving agreement and purchase of permanent art for Fire
Station #5
Motion authorizing the City Manager or designee to execute
documents necessary to purchase sculpture created by artist Lynda
Jones for a work of permanent art created in glass tile and authorize
disbursement of$17,770 from the Bond Fund 3191 for such purchase.
This Motion was recommended to consent agenda
Q. BRIEFINGS TO CITY COUNCIL: (NONE)
R. ADJOURNMENT
The meeting was adjourned at 1:59 p.m.
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