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HomeMy WebLinkAbout01/13/2011 - Regular Agenda Packet - City CouncilTable of Contents Agenda 4 Item 2a - Minutes WKSHP120910 Minutes 9 RM120910 Minutes 15 Item 2b - Franchise Amendment – Brazos Valley Recycling Coversheet revised 23 Item 2c - Interlocal Agreement Between College Station and BVSWMA Inc. for Communications Services Coversheet revised 24 Communications ILA 25 Item 2d - Texas A&M University Systems Easement Approval Coversheet revised 35 Easement Agreement 36 Item 2e - Brazos County Emergency Communications District Interlocal Agreement Coversheet revised 46 Interlocal Agreement 47 Item 2f - Alarm Ordinance Amendment Coversheet revised 53 Modified Alarm Ordinance 54 Local Government Code - Section 214.197 59 Item 2g - Bird Pond Road Rehabilitation Project Rejection of Bid 11-02 Coversheet revised 60 Item 2h - Project Number WF1129844 Carter Creek Wastewater Treatment Plant Lab & SCADA Building Coversheet revised 61 Location Map 62 Change Order 63 Item 2i - Interlocal Agreement with the College Station Independent School District Coversheet revised 64 Location Map 65 Item 2j - Emerald Forest Park Improvements Professional Services Contract Change Order Project Number PK0713 Coversheet revised 66 Location Map 67 change order 68 Item 2k - College Station Skate Park Project Construction Contract #11-060 Project Numbers PK-0911 Coversheet revised 69 Location Map 70 Resolution 71 Item 2L - Contract Administration Procedures 1 Coversheet revised 72 Resolution 73 Item 2m - Tauber & Stasney Street and Utility Rehabilitation Project Construction Contract Project Numbers ST-0505, WF0625888, WF0625893, WF6598173, CO-0902 Coversheet revised 75 Location Map 76 Bid Tabulation 77 Resolution 81 Item 2n - Rock Prairie Road West Right of Way Analysis Professional Services Contract Change Order Project Number ST1025 Coversheet revised 83 Location Map 84 Change Order 85 Item 2o - Memorandum of Understanding Texas Department of Transportation & City of College Station Coversheet revised 86 Resolution 87 Item 2p - Project Number WF1097966 Groundwater Well No. 8 Construction Contract Change Order Coversheet revised 88 Location Map 89 Change Order 90 Item 2q - Barron Road Temporary Speed Limit Reduction Cover Sheet revised 91 Location Map 92 Ordinance 93 Item 2r - Annual Purchase of Auto Parts, Shop Equipment and Services Coversheet revised 95 PSA Contract Summary 96 Item 2s - Reimbursement Resolution for Fire Department Vehicle Purchase Coversheet revised 97 Debt Reimbursement Resolution 98 Item 2t - Annual Price Agreement for Auto and Truck Tires Coversheet revised 101 TxMAS Contract Summary 102 Item 2u - Annual Purchase Agreement for Wire and Cable Coversheet revised 104 Bid Tabulation 105 Item 2v - Credit Card Service Fees Coversheet revised 106 Ordinance - Credit Card Service Fee 107 Item 2w - Municipal Court Special Expense Fee Coversheet revised 109 2 Ordinance - Special Expense Fee 110 Item 2x - Municipal Court Child Safety Fund Coversheet revised 112 Ordinance - Child Safety Fund 113 No. 1 - College Station Bike Loop Completion Final Design and Pre-bid Presentation Coversheet revised 115 Location Map 116 No. 2 - Royder Road and Greens Prairie Trail Transportation Improvements Public Hearing Coversheet revised 117 Location Map 119 No. 3 - Tauber & Stasney Street and Utility Rehabilitation Project Overview Coversheet revised 120 No. 4 - UDO Amendment for Subdivision Regulations and General Processes Coversheet revised 121 Summary of Changes 122 P&Z Meeting Minutes December 2 126 P&Z Meeting Minutes December 16 129 Ordinance 131 No. 5 - 4005 State Highway 6 South – Right-of-Way Abandonment Coversheet revised 195 Vicinity Map 196 Location Map 197 Ordinance 198 Ordinance Exhibit 200 No. 6 - 2716 Barron Road Rezoning Request Coversheet revised 203 background information 205 Maps 206 P&Z Meeting Minutes 209 Ordinance 211 3 Mayor Council members Nancy Berry Jess Fields Mayor Pro Tem Dennis Maloney John Crompton Katy-Marie Lyles City Manager Dave Ruesink Glenn Brown Jana McMillan Agenda College Station City Council Regular Meeting Thursday, January 13, 2011 at 7:00 PM City Hall Council Chamber, 1101 Texas Avenue College Station, Texas 1. Pledge of Allegiance, Invocation, Consider absence request. Hear Visitors: A citizen may address the City Council on any item which does not appear on the posted Agenda. Registration forms are available in the lobby and at the desk of the City Secretary. This form should be completed and delivered to the City Secretary by 5:30 pm. Please limit remarks to three minutes. A timer alarm will sound after 2 1/2 minutes to signal thirty seconds remaining to conclude your remarks. The City Council will receive the information, ask staff to look into the matter, or place the issue on a future agenda. Topics of operational concerns shall be directed to the City Manager. Comments should not personally attack other speakers, Council or staff. Consent Agenda Individuals who wish to address the City Council on a consent or regular agenda item not posted as a public hearing shall register with the City Secretary prior to the Mayor’s reading of the agenda item. Registration forms are available in the lobby and at the desk of the City Secretary. The Mayor will recognize individuals who wish to come forward to speak for or against the item. The speaker will state their name and address for the record and allowed three minutes. A timer will sound at 2 1/2 minutes to signal thirty seconds remaining for remarks. 2. Presentation, possible action and discussion of consent agenda items which consists of ministerial or "housekeeping" items required by law. Items may be removed from the consent agenda by majority vote of the Council. a. Presentation, possible action, and discussion of minutes for December 9, 2010 Workshop and Regular Council Meeting. b. Presentation, possible action and discussion on the second reading of a franchise agreement amendment with Brazos Valley Recycling to add the collection of food waste for the purpose of recycling, multifamily apartments and commercial businesses to its agreement. c. Presentation, possible action, and discussion regarding approval of an Interlocal Agreement between the City of College Station and BVSWMA Inc. detailing communications services to be provided to BVSWMA by the City of College Station and setting the initial fees for those services. 4 City Council Regular Meeting Page 2 Thursday, January 13, 2011 d. Presentation, possible action, and discussion regarding the authorization for the Mayor to execute the easement agreement of a utility easements located on the Texas A&M University System Property for the purpose of relocating underground fiber optic cable. e. Presentation, possible action, and discussion regarding participation in an Interlocal Agreement (ILA) between the Brazos County Emergency Communications District (BCECD) and the City of College Station (the city) for the purpose of purchase, maintenance, and operation of hardware utilized to process CAD and emergency 911 calls. f. Presentation, possible action, and discussion regarding an alarm ordinance amendment to include the use of a graduated fine schedule. g. Presentation, possible action and discussion regarding rejection of bid 11-02 for the Bird Pond Road Rehabilitation Project. h. Presentation, possible action, and discussion on a change order to the Professional Services Contract 09- 305 with Lockwood, Inc. in the amount of $30,000, for the design of Carter Creek Wastewater Treatment Plant Lab & SCADA Building. i. Presentation, possible action, and discussion of an Interlocal Agreement (ILA) between the College Station Independent School District and the City of College Station for the exchange of real property for wastewater services. j. Presentation, possible action and discussion for change order to the Professional Services Contract 10-229 with Mitchell & Morgan, LLP for an increase in the amount of $9,849.00 to the Emerald Forest Park Improvements Project. k. Presentation, possible action, and discussion on rejecting proposals received pursuant to RFP 10-88 and awarding Construction Contract 11-060 (RFP 11-16) with JaCody, Inc. in the amount of $684,917.90 for the College Station Skate Park Project. l. Presentation, possible action, and discussion regarding a resolution to revise certain change order provisions in our standard contracts for professional services. m. Presentation, possible action, and discussion on Construction Contract 11-070 with Dudley Construction, Ltd. in the amount of $2,507,475.13 for the Tauber & Stasney Street and Utility Rehabilitation Project. n. Presentation, possible action and discussion for a change order to Professional Services Contract 10-126 with Kimley-Horn and Associates, Inc. for an increase in the amount of $3,750.00 for the Rock Prairie Road West Right of Way (ROW) Analysis. o. Presentation, possible action and discussion on a resolution for a Memorandum of Understanding (MOU) between the City of College Station and the Texas Department of Transportation (TxDOT) adopting TxDOT’s federally-approved Disadvantaged Business Enterprise Program (DBE) for projects that receive federal funds. 5 City Council Regular Meeting Page 3 Thursday, January 13, 2011 p. Presentation, possible action, and discussion regarding a change order to decrease Construction Contract 09-267 by $58,250. This contract between Alsay, Inc. and the City of College Station is for the construction of groundwater well number 8. q. Presentation, possible action, and discussion on an ordinance temporarily amending Chapter 10, Section 3E (2)(i)(29), of the College Station Code of Ordinances by changing the posted speed limit on the section of Barron Road between Decatur Drive and William D. Fitch Parkway (SH 40) to 35 mph for the duration of City’s construction project of Barron Road. r. Presentation, possible action, and discussion on approving an annual blanket purchase order for the purchase of auto parts, shop equipment and services from NAPA Auto Parts (College Station, TX) through the Purchasing Solutions Alliance (PSA) contract for the amount of $110,000.00. s. Presentation, possible action, and discussion regarding approval of a resolution declaring intention to reimburse certain expenditures with proceeds from debt for the purchase of Fire Department vehicles. t. Presentation, possible action, and discussion on approving annual tire purchases from Pilger’s Tire & Auto Center through the State of Texas (TXMAS) Tire Contract in the amount of $135,000.00. u. Presentation, possible action, and discussion on a bid award for the annual agreement for wire and cable to be stored in inventory as follows: Techline $628,385.00; KBS $58,950.00; and Wesco $5,580.00. Total estimated annual expenditure is $692,915.00. v. Presentation, possible action, and discussion to adopt an ordinance allowing the imposition of service fees for credit card payments w. Presentation, possible action, and discussion to adopt an ordinance establishing a Special Expense Fee pursuant to Article 45.203(c) of the Texas Code of Criminal Procedures. x. Presentation, possible action, and discussion to adopt an ordinance establishing a Child Safety Fund pursuant to Article 102.014 of the Texas Code of Criminal Procedures. Regular Agenda Individuals who wish to address the City Council on a regular agenda item not posted as a public hearing shall register with the City Secretary prior to the Mayor’s reading of the agenda item. The Mayor will recognize you to come forward to speak for or against the item. The speaker will state their name and address for the record and allowed three minutes. A timer will sound at 2 1/2 minutes to signal thirty seconds remaining for remarks. Individuals who wish to address the City Council on an item posted as a public hearing shall register with the City Secretary prior to the Mayor’s announcement to open the public hearing. The Mayor will recognize individuals who wish to come forward to speak for or against the item. The speaker will state their name and address for the record and allowed three minutes. A timer alarm will sound at 2 1/2 minutes to signal thirty seconds remaining to conclude remarks. After a public hearing is closed, there shall be no additional public comments. If Council needs additional information from the general public, some limited comments may be allowed at the discretion of the Mayor. If an individual does not wish to address the City Council, but still wishes to be recorded in the official minutes as being in support or opposition to an agenda item, the individual may complete the registration form provided 6 City Council Regular Meeting Page 4 Thursday, January 13, 2011 in the lobby by providing the name, address, and comments about a city related subject. These comments will be referred to the City Council and City Manager. 1. Public Hearing, presentation, possible action and discussion concerning approval to publicly bid the final phase of the College Station Bike Loop Project. 2. Public Hearing, presentation, possible action and discussion concerning approval to proceed with an advertisement to solicit construction bids for improvements to Royder Road and Greens Prairie Trail. 3. Presentation, possible action, and discussion on the Tauber & Stasney Street and Utility Rehabilitation Project. 4. Public Hearing, presentation, possible action, and discussion on an ordinance amendment to Chapter 12 “Unified Development Ordinance,” Article 2 “Development Review Bodies,” Section 3.1 “General Approval Procedures,” Section 3.3 “Plat Review,” Section 7.1 “General Provisions,” Article 8 “Subdivision Design and Improvements,” and Section 11.2 “Defined Terms,” of the College Station Code of Ordinances, specifically related to subdivision regulation standards and other general processes. 5. Public Hearing, presentation, possible action, and discussion approving an ordinance vacating and abandoning a 2.06 Acre portion of Old Rock Prairie Road Right-of-Way, which is located at 4005 State Highway 6 South adjacent to the Rock Prairie Marketplace Subdivision according to the plat recorded in Volume 9506, Page 205 of the Deed Records of Brazos County, Texas. 6. Public Hearing, presentation, possible action and discussion regarding a Rezoning for 2716 Barron Road of 3.49 acres from A-O Agricultural Open to R-1 Single-Family Residential, generally located between the Sonoma and Edelweiss Subdivisions. 7. Adjourn. If litigation issues arise to the posted subject matter of this Council Meeting an executive session will be held. APPROVED: ________________________________ City Manager Notice is hereby given that a Regular Meeting of the City Council of the City of College Station, Texas will be held on the Thursday, January 13, 2011 at 7:00 PM at the City Hall Council Chambers, 1101 Texas Avenue, College Station, Texas. The following subjects will be discussed, to wit: See Agenda. Posted this 10th day of January, 2011 at 5:00 p.m. ________________________________ City Secretary I, the undersigned, do hereby certify that the above Notice of Meeting of the Governing Body of the City of College Station, Texas, is a true and correct copy of said Notice and that I posted a true and correct copy of said notice on the bulletin board at City Hall, 1101 Texas Avenue, in College Station, Texas, and the City’s website, www.cstx.gov . The Agenda and Notice are readily accessible to the general public at all times. Said Notice 7 City Council Regular Meeting Page 5 Thursday, January 13, 2011 and Agenda were posted on January 10, 2011 at 5:00 p.m. and remained so posted continuously for at least 72 hours proceeding the scheduled time of said meeting. This public notice was removed from the official posting board at the College Station City Hall on the following date and time: __________________________ by ________________________. Dated this _____day of ________________, 2011 By______________________________________ Subscribed and sworn to before me on this the _____day of ________________, 2011. ______________________________ Notary Public – Brazos County, Texas My commission expires: ___________ The building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive service must be made 48 hours before the meeting. To make arrangements call (979) 764-3517 or (TDD) 1-800-735-2989. Agendas may be viewed on www.cstx.gov . Council meetings are broadcast live on Cable Access Channel 19. 8 WKSHP120910 Minutes Page 1 MINUTES OF THE CITY COUNCIL WORKSHOP CITY OF COLLEGE STATION DECEMBER 9, 2010 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Nancy Berry Council: John Crompton Jess Fields Dennis Maloney Katy-Marie Lyles Jana McMillan Dave Ruesink City Staff: Glenn Brown, City Manager Kathy Merrill, Assistant City Manager David Neeley, Assistant City Manager Carla Robinson, Interim City Attorney Sherry Mashburn, City Secretary Tanya McNutt, Deputy City Secretary Call to Order and Announce a Quorum is Present With a quorum present, the Workshop of the College Station City Council was called to order by Mayor Nancy Berry at 3:00 p.m. on Thursday, December 9, 2010 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77842. 1. Presentation, possible action, and discussion on items listed on the consent agenda. Items 2h, 2j and 2n were pulled from the Consent Agenda. Item 2h: Chuck Gilman, Director of Capital Projects, explained the selection process for architects, engineers and other professional services are based on qualifications. They cannot consider price or geographic locations. The City has not experienced construction delays if the contractor is based out of town. 9 WKSHP120910 Minutes Page 2 Item 2j: Dave Colman, Director of Water Services, explained the purpose of moving sewer lines to the front is to save money and to avoid disruption to residents’ lives. He expects to save over $500,000 by moving the lines to the front rather than replacing lines in the back where they currently exist. Item 2n: Cheryl Turney, Assistant Finance Director, explained that the engineering contract was approved March 2009, and the construction contract was approved in October 2010. We are required to have a resolution on file for reimbursement. The October agenda item failed to have the resolution attached to it. 2. Presentation, possible action, and discussion regarding an update on sustainability efforts and implementation of projects funded through the Energy Efficiency and Conservation Block Grant. Hayden Migl, Assistant to the City Manager, reported on the projects for the Energy Efficiency Conservation Block Grant. One project will be the replacement of fleet vehicles with hybrids. The grant will cover the difference between regular and hybrid vehicles with a normal replacement schedule, and hybrid system training for mechanics. There are also three parks improvements/retrofits: 22 trash compactors were installed, reducing man hours by 50% for a labor savings of $735 per month. Irrigation Upgrades have been installed at Veterans Park and Central Park, for a savings of approximately 13,000 gallons of water per year. Lighting Improvements include 79 new light standards at Veterans Park and 20 new light standards at Central Park, for a savings of $56,000. Sustainability programs were funded $195,000 over the years and include funds to cover the salary of the Sustainability Coordinator. Erin Chastain-Harris, Sustainability Coordinator, updated the City Council on Green College Station. She is benchmarking all City facilities. She is looking at over 600 meters which will be monitored regularly. The City is also participating in the Greenhouse Gas Inventory, with which we will incorporate sustainability in different areas of City operations. Green College Station was reinstituted with a Green Team with all departments represented. They are looking to draft a sustainability plan and are looking at performance-based contracting and green building standards. The Green College Station Task Force has been developed to help the City Manager create a sustainability plan. It was recommended at the Council retreat to make this task force a standing committee. The current members are willing to serve. MOTION: Upon a motion made by Councilmember Crompton and a second by Councilmember Ruesink, the City Council voted six (6) for and one (1) opposed, with Councilmember McMillan voting against, to continue the task force with the membership as recommended by staff. The motion carried. 3. Presentation, possible action, and discussion regarding an update on the impact of the August 2010 parking rate changes for the City’s various Northgate District Parking Assets. David Gwin, Director of Economic and Community Development, updated the Council on changes on the Northgate District parking rates. Contracts were also addressed: Annual Day and Annual 24/7 were both eliminated in the contract; semester contracts were realigned to run 10 WKSHP120910 Minutes Page 3 consecutively with rates adjusted accordingly. They also implemented an on-going advertising campaign. Miscellaneous changes allowed for the sale of “bundled” pre-paid garage passes, increased 15-minute parking to 30-minute parking, and allowed for the sale of pre-paid “Zip Passes” at the garage. Mr. Gwin also reported on how the changed rate structure impacted revenue. In the 90-day review period the gross revenue was down 9%. The big hit came from the garage parking which was down 28%; the surface lot is cheaper, and that revenue increased. There was a big change in parking citations due to the reallocation of resources when the barricades were installed. There is a healthy reserve in the fund; however, by 2013 we will dip into the red if we don’t do something. A potential revenue offset could be achieved if we increase the surface lot to 75 cents during non-peak hours. For the Promenade Surface Lot, he recommended maintaining the rate structure through May 2011. He would return if the losses become significantly worse; otherwise, he would return at the conclusion of the spring semester. Other recommendations include rescinding the first free hour of parking in the garage and to implement an online contract payment and management system. Regarding privatizing Northgate assets, there are two options: 1) the City owns the assets and a third party manages, operates, maintains, enforces and provides customer service; and 2) total privatization wherein the City would sell the assets to a third party who would own and operate the assets. MOTION: Upon a motion made by Councilmember Crompton and a second by Councilmember Fields, the City Council voted seven (7) for and none (0) opposed, to direct staff to return to Council with a feasibility report on liquidating the assets and a RFP to outsource all parking operations. The motion carried unanimously. MOTION: Upon a motion made by Councilmember Crompton and a second by Councilmember Lyles, the City Council voted six (6) for and one (1) opposed, with Councilmember Fields voting against, to approve the first three NDA Consideration Requests presented and to increase the surface lot fee to 75 cents. The motion carried. 4. Presentation, possible action, and discussion on approving total health plan expenditures for the period of January 1, 2011 through December 31, 2011. The projected amount for both the renewals and total projected expenditures is $7,574,073.48. Alison Pond, Director of Human Resources, presented an overview of the benefit plan expenses and reminded the Council this was approved in the budget process. The 2011 expenses reflect changes made to the benefits plan. She noted the budget amount is less than last year’s budgeted amount. We have removed long term care and short disabilities as employer provided benefits. There are three plan options for medical, with increased deductibles, co-pays and co-insurance. Some voluntary benefits options have been added, and the prescription provider was changed. 5. Presentation, possible action, and discussion regarding future updates to the City of College Station Unified Development Ordinance – Sections 3 and 8 (Subdivision Regulations). Bob Cowell, Director of Planning and Development Services, updated the Council on the UDO amendments related to subdivision regulations. A Public Hearing will be scheduled for January 13. 11 WKSHP120910 Minutes Page 4 6. Presentation, possible action, and discussion regarding possible agenda topics for the Council’s mid-year retreat scheduled for January 21, 2011. Suggested topics included: · Sunset committee consideration · City-owned assets inventory 7. Council Calendar · December 10 Holiday Celebration/Christmas In the Park Sponsor Recognition Ceremony at Stephen C. Beachy Central Park, 5:30 p.m. · December 15 BVSWMA Inc. Board Meeting at Public Works - Room 203 Municipal Court Bldg - 300 Krenek Tap, 11:00 a.m. · December 16 Planning & Zoning Meeting in Council Chambers, 6:00 p.m. · December 20 IGC Meeting at BVCOG, 12:00 p.m. · December 21 Council Transportation Committee Meeting in Council Chambers, 4:30 p.m. · December 24 City Offices Closed – HOLIDAY · December 27 City Offices Closed – HOLIDAY · January 3 City Offices Closed – HOLIDAY A special meeting is scheduled for January 11 at 4:00 p.m. to have a workshop to catch up on items. 8. Presentation, possible action, and discussion on future agenda items: a Council Member may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. Councilmember Maloney requested workshop items on the MPO and our partnerships, the City’s communication plan to tell our story, and next generation business parks. Councilmember Crompton requested a workshop on the economic development holistic picture. Mayor Berry said we need to add the appointment to the Audit Committee. Councilmember Fields requested to have a workshop on the Interlocal Agreement with the City of Bryan for the operation of the Larry J. Ringer Library. 9. Discussion, review and possible action regarding the following meetings: Arts Council of the Brazos Valley, Audit Committee, Bicycle, Pedestrian, and Greenways Advisory Board, Brazos County Health Dept., Brazos Valley Council of Governments, Brazos Valley Wide Area Communications Task Force, BVSWMA, BVWACS. Cemetery Committee, Code Review Committee, Design Review Board, Historic Preservation Committee, Interfaith Dialogue Association, Intergovernmental Committee, Joint Relief Funding Review Committee, Landmark Commission, Library Board, Mayor’s Council on Physical Fitness, Mayor’s Development Forum, Metropolitan Planning Organization, National League of 12 WKSHP120910 Minutes Page 5 Cities, Outside Agency Funding Review, Parks and Recreation Board, Planning and Zoning Commission, Research Valley Partnership, Regional Transportation Committee for Council of Governments, Signature Event Task Force, Sister City Association, TAMU Student Senate, Texas Municipal League, Transportation Committee, Wolf Pen Creek Oversight Committee, Zoning Board of Adjustments. Mayor Berry updated the Council on the MPO. She learned from TXDOT that they have put the funding in their budget to do the engineering and right-of-way studies for the Wellborn/George Bush grade separation. Councilmember Crompton reported on the CVB meeting. They are preparing an RFP to hire a facilitator to advise them so they can advise us on the allocation of HOT tax funds. Mayor Berry wished Hayden Migl well on his future endeavors. She stated how very much she appreciated his professionalism. Councilmember Fields commented on his helpfulness. 10. Executive Session In accordance with the Texas Government Code §551.071-Consultation with Attorney, and §551.074-Personnel, the College Station City Council convened into Executive Session at 5:10 p.m. on Thursday, December 9, 2010 in order to continue discussing matters pertaining to: A. Consultation with Attorney to seek advice regarding pending or contemplated litigation; to wit: · City of Bryan’s application with TCEQ for water & sewer permits in Westside/Highway 60 area, near Brushy Water Supply Corporation to decertify City of College Station and certify City of Bryan · City of Bryan suit filed against College Station, Legal issues and advise on Brazos Valley Solid Waste Management Agency contract, on proposed methane gas contract · Water CCN / 2002 Annexation / Wellborn Water Supply Corporation · Weingarten Realty Investors v. College Station, Ron Silvia, David Ruesink, Lynn McIlhaney, and Ben White · Chavers et al v. Tyrone Morrow, Michael Ikner, City of Bryan, City of College Station, et al · Clancey v. College Station, Glenn Brown, and Kathy Merrill B. Consultation with Attorney to seek legal advice; to wit: · Discussion of Legal Issues Regarding: Wellborn Incorporation Request · Legal issues of purchase and lease back to Arts Council · Discussion of Legal Issues Regarding: Creation of a Special Biocorridor District C. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit: · City Manager · City Council Self-Evaluation 13 WKSHP120910 Minutes Page 6 The Executive Session adjourned at 6:50 p.m. on Thursday, December 9, 2010. No action was required from Executive Session. 11. Adjournment MOTION: There being no objection, Mayor Berry adjourned the workshop of the College Station City Council at 9:29 p.m. on Thursday, December 9, 2010. ________________________ Nancy Berry, Mayor ATTEST: _______________________ Sherry Mashburn, City Secretary 14 RM112210 Minutes Page 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING CITY OF COLLEGE STATION DECEMBER 9, 2010 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Nancy Berry Council: John Crompton Jess Fields Dennis Maloney Katy-Marie Lyles Jana McMillan Dave Ruesink City Staff: Glenn Brown, City Manager Kathy Merrill, Assistant City Manager David Neeley, Assistant City Manager Carla Robinson, Interim City Attorney Sherry Mashburn, City Secretary Tanya McNutt, Deputy City Secretary Call to Order and Announce a Quorum is Present With a quorum present, the Regular Meeting of the College Station City Council was called to order by Mayor Nancy Berry at 7:00 p.m. on Thursday, December 9, 2010 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77842. 1. Pledge of Allegiance, Invocation, consider absence request. · Citizen Comments Elizabeth Smith, 15032 Turnberry Circle, stated that there are twenty states with old laws denying civil rights. As College Station increases in size by annexation, they decrease the pleasure of living in a rural community such as Wellborn. Paraphrasing an Obama-Biden statement, she remarked that cities discriminate by choosing which neighborhoods they annex. 15 RM112210 Minutes Page 2 She noted the quality of life will deteriorate with increased traffic, increased runoff, etc. She was surprised to find out she could not vote on this annexation. Sarah Shaffer, 16414 Calumet Trail, said she enjoys living out in the country. She lived in College Station for three years but decided to build in Wellborn. She came from Oklahoma to Houston, then retired from Houston and began looking for the right environment for the amenities they wanted but also close enough to neighbors and friends. They wanted to live outside in the country. This is an entirely different way of life that will change if city rules are applied. They enjoy the small wildlife, and no hunting is allowed; it is like a wildlife preserve. If there is an election, and neighbors vote to be annexed, that is one thing, but taking us in without a say is wrong. Karen Severn, 6401 Johnny Bars Trail, asked the Council to think about the people whose sons and daughters are on their way to Afghanistan or Iraq. They put on that uniform to protect and serve and to protect our right to vote. If she had been here 150 years ago, she would not have imagined that she could not vote in the state of Texas. Voting is an important fundamental right. Without it, you allow other people to control your life. In Wellborn we live together and are the best people to know what Wellborn wants. The City plans to only take in 15% of the residents, leaving the other 85% to pursue whatever, perhaps incorporation. Mike McCleary, 3649 Barron Cut-Off, wanted to know what will happen after he is annexed. He has lived in Wellborn 40 years and raised seventeen sons. He has open-range chickens; will he still be able to have open-range chickens? He has played polo for many years and has fifteen horses now. Will he still able to have those to carry on with his livelihood? He and his sons trapped twenty-three hogs in a period of five days. Will he still be able to slaughter hogs after he is annexed? Will he still be able to raise hogs to eat? He is teaching a puppy to hunt; will he still be able to shoot doves. Carol Fountain, 14380 Cheyenne, stated that the Council was voted into office and given power to handle the business of the City. It is in the Council’s power to give us the right to vote on annexation. She asked what the Council is afraid of. She will relocate to parts further south if she is annexed. She doesn’t want Wellborn to expand. She chose to live in a rural area, and when it no longer is rural, she will leave. She expected College Station to expand, but she never thought her right to vote would be denied. Mary Ann Nagyvary, 3968 Cody, stated that five Councilmembers voted to start the annexation process just a few days after meeting to discuss a win-win solution. That was not honorable or having integrity. She doesn’t feel they should have to demonstrate why allowing a group of citizens to vote on their own destiny is a financially prudent move. Financial justifications are wrong. The law that allows the City to rape Wellborn is wrong. The law is antiquated; it was passed in 1963. Change is beginning with the pre-filed House Bill 107. College Station is trying to rush annexation because soon it will be illegal to land grab this way. Most states do not have these unjust annexation laws. 1,500 College Station voters signed a petition asking the City to allow Wellborn a vote. Let them tell you so with their direct vote on this issue. 16 RM112210 Minutes Page 3 Timothy Delasandro, 3105 Larkspur, reported that he, along with a committee of petitioners, filed an affidavit with the City Secretary to recall Mayor Berry and Councilmembers Crompton, Maloney, Lyles, and Ruesink. This was not personal. He actually voted for three of these. He noted that the Republican Party platform asserts. “all parties in annexations proceedings should be guaranteed this referendum” and the Democratic Party platform says to let the people vote. He said the Council has left the citizens no option but this. He remarked that the resulting lack of quorum will be a temporary situation until May elections. The only major effect will be to impose the peoples’ will on this Council. He urged everyone to save Wellborn, and support the recall. Joseph Nagyvary, 3968 Cody, came to Texas in 1967. He is familiar with the development of College Station since that time. He is against the resolution to annex Wellborn and noted that College Station exists because of the university and would not be viable without it. College Station is not a traditional city, but a neighborhood sprawl by choice. Expanding the borders indefinitely dilutes and diminishes the services they would receive. We should create more independent green communities like Wellborn. Heidi Rockwell, 14469 Cheyenne, said her family has lived in Wellborn because they wanted a country lifestyle. She wants to live the same way she’s been living. She hears that things will be changing a lot and not in her favor. Robert Fountain, 14380 Cheyenne, recited parts of the 2010 party platforms. The Democratic Party strongly supports private property rights protected by the constitution. The Republican Party states that all parties in annexations proceedings should be guaranteed this referendum . . . they must authorize this proposal. The right to vote has been denied. Leaving Wellborn alone to decide themselves is a better choice. They only want the right to determine their own destiny. Linda Hale, 4042 Cody, said she is learning that vigilance is the price of freedom. She never imagined she would have to troll the agendas to see what the City was going to do to them next. They are not going to go away. Just because the City can legally do what they are planning to do, does not make it right. It is legal for the City to allow Wellborn to vote, but the City chose to not allow that. It is legal and right for Wellborn to use whatever means to fight an unjust annexation law. There is still an opportunity to make this a win-win situation: the City can vote to stop annexation proceedings. Allow College Station voters to vote on whether they want another neighborhood or a small town to the south. Pat Buck, 4014 Cody, said she has been a resident of Wellborn for thirty-nine years. She operates a small cow/calf operation. Her property is next to an atrocity, Aspen Heights. The residents are transitory and don’t care how loud their music is or about the trash they leave behind. She is constantly having to pick up their trash. She was recently informed that an unregistered sex offender was living there, and there are drug dealings. They have also experienced increased drainage problems in the Shiloh subdivision. The runoff increases the flood threat to homeowners in the subdivision. Law enforcement in the area was a rarity until Aspen Heights came in. 17 RM112210 Minutes Page 4 Dr. Leigh Turner, 3301 Triple Bend, remarked that at the last meeting Councilmember Lyles voted for the annexation because no one could tell her why Wellborn incorporation would be good for the City. She, herself, was surprised to learn the cost to the City is not gathered until after the annexation is made even though the services must be made in the short term. It is not in the City’s financial interest, but it is the right thing to do. The Council was elected to represent College Station residents. 1,500 residents signed a petition asking to give Wellborn the right to vote. People are watching to see how we are being treated. She cautioned the Council to be wise stewards of their citizens’ dollars and to act with integrity; it is in the best interest of College Station to allow Wellborn the right to vote. Lois Rockwell, 14469 Cheyenne, stated that she stood here with her hand over her heart and said “liberty and justice for all”. She asked what the Council believed. The Council has no right to smirk at speakers; these are our property rights. She reiterated that councilmember’s were smirking while people were speaking. The Mayor asked her to stand down. Mark Lacey, 14469 Cheyenne, stated that he did not ask Heidi to speak; it was her idea, and she wanted to speak. Someone was smirking while she was talking, and everybody knows who it is. He stated that they are not being respected by the members of the council. The Council does not have the right to take this personally; they all need to be objective. He noted that the Mayor signed the petition and then took it back. They are not going away. The Mayor asked him to stand down. A.P. Boyd, 5245 Straub, talked about private property rights. The governor started a state transportation forum to buy right-of-way from one side of Texas to another. After several years he ran into roadblocks, and he stopped that because people did not want their property taken. If the governor can look at that and say he made a mistake and go back to the way they used to do it, then why can’t College Station. CONSENT AGENDA 2a.Presentation, possible action, and discussion of minutes for November 22, 2010 Workshop and Regular Council Meeting. 2b. Presentation, possible action, and discussion regarding adoption of 2011 Council Meeting Calendar. 2c. Presentation, possible action, and discussion on approving total health plan expenditures for the period of January 1, 2011 through December 31, 2011. The projected amount for both the renewals and total projected expenditures is $7,574,073.48. 2d. Presentation, possible action, and discussion on approving an agreement with Allstate to provide voluntary Critical Illness and Accident Insurance for the period of January 1, 2011 through December 31, 2011. 18 RM112210 Minutes Page 5 2e. Presentation, possible action, and discussion regarding contract renewal for Third- Party Claims Administration with A S & G Claims Administration Inc., for an annual expenditure of $52,000. Anticipated FY11 workers compensation claims are $225,000 and anticipated FY11 liability claims are $300,000. 2f. Presentation, possible action, and discussion regarding the renewal of an annual purchasing agreement for dewatering chemical (polymer) with Fort Bend Services, Inc. not to exceed $39,200, and an annual purchasing agreement for dewatering chemical (polymer) with Atlantic Coast Polymer, Inc. not to exceed $172,560. 2g. Presentation, possible action and discussion of the renewal of two Master Agreements for Real Estate Appraisal Services: Holtkamp Realty Consultants (Contract No. 09-314) and S.T. Lovett & Associates (Contract No. 09-218). Each Master Agreement will not exceed $50,000. Approval of the renewal of these agreements will authorize the City Manager or his delegate to approve Service Orders for each project within the terms of each Master Agreement. 2h. Presentation, possible action, and discussion on a Professional Services Contract 11- 063 with Malcolm Pirnie, Inc. for $406,641.00 for design, bidding, and construction phase services for the Dowling Road High Service Pump Station Improvement Project. 2i. Presentation, possible action, and discussion on a Professional Services Contract 11- 064 with Jones & Carter, Inc. for $242,000.00 for design, bidding, and construction phase services for a lift station to be constructed near the intersection of Rock Prairie Road and State Highway 6. 2j. Presentation, possible action, and discussion on a change order to the Professional Services Contract 09-070 with Weston Solutions, Inc. for an increase in the amount of $103,647.00 to the South Knoll/The Glade Utility Rehabilitation Project. 2k. Presentation, possible action and discussion on renewing the annual contract for gasoline and diesel fuel (Contract #10-054) with Brenco Marketing Corporation (Bryan, TX) for one year; and authorize the annual estimated expenditures of $1,252,000.00. 2l. Presentation, possible action, and discussion on an Interlocal Agreement for cooperative purchasing activities between the City of College Station and City of Fort Worth. 2m. Presentation, possible action, and discussion on a Participation Agreement with JP Morgan Chase for commercial card services related to our procurement card program. 2n. Presentation, possible action, and discussion regarding approval of a resolution declaring intention to reimburse certain expenditures with proceeds from debt for the Southwood 5-7 Rehabilitation project. 19 RM112210 Minutes Page 6 2o. Presentation, possible action, and discussion regarding an update to the Intergovernmental Contract between the City of College Station and the City of Bryan for the operation of the Larry J. Ringer Public Library. 2p. Presentation, possible action, and discussion regarding approval for the purchase of two (2) IBM System i Servers, respective Operating System (OS) and backup software, High Availability (HA) data replication software, and related supplies for an amount not to exceed $200,000, and approval of a resolution declaring intention to reimburse certain expenditures with proceeds from debt. 2q. Presentation, possible action, and discussion regarding approval of a contract with MicroAge of College Station for computer network equipment, software and services to provide improved electronic data storage and management in an amount not to exceed $177,802.58. 2r. Presentation, possible action and discussion on the first reading of a franchise agreement amendment with Brazos Valley Recycling to add the collection of food waste for the purpose of recycling, multifamily apartments and commercial businesses to its agreement. 2s. Presentation, possible action, and discussion regarding a change order to the design contract (Contract No.10-210) with Mitchell and Morgan in the amount of $12,700.00 for the FM 2818/Jones Butler Waterline Conflict project. MOTION: Upon a motion made by Councilmember Fields and a second by Councilmember Lyles, the City Council voted seven (7) for and none (0) opposed, to approve the Consent Agenda. The motion carried unanimously. REGULAR AGENDA 1. Public Hearing, presentation, possible action, and discussion regarding an Ordinance amending Chapter 12, “Unified Development Ordinance,” Section 4.2, “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, specifically rezoning 1.317 acres from PDD Planned Development District to PDD Planned Development District to modify the District Concept Plan 330-A Holleman Drive East, generally located southeast of the intersection of Holleman Drive East and Lassie Lane. At approximately 8:24 p.m. Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 8:25 p.m. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Crompton, the City Council voted seven (7) for and none (0) opposed, to approve an ordinance amending Chapter 12, “Unified Development Ordinance,” Section 4.2, “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, specifically rezoning 1.317 acres from PDD Planned Development District to PDD Planned Development District to modify 20 RM112210 Minutes Page 7 the District Concept Plan 330-A Holleman Drive East, generally located southeast of the intersection of Holleman Drive East and Lassie Lane, as recommended by Planning and Zoning. The motion carried unanimously. 2. Public Hearing, presentation, possible action and discussion regarding a Rezoning for 3180 Cain Road of 19.575 acres from A-O Agricultural Open to C-1 General Commercial, R-3 Townhouse and R-4 Multi-Family located at 3180 Cain Road and more generally located west of the intersection of Old Wellborn Road and Cain Road. The applicant withdrew his application. 3. Public Hearing, presentation, possible action, and discussion regarding an alarm ordinance amendment to include the use of a graduated fine schedule and a third party vendor to administer the alarm program. At approximately 8:45 p.m. Mayor Berry opened the Public Hearing. Joe Foster, 710 Honeysuckle, owner of Titan Security Solutions, stated that these charges are reasonable. The City needs to attack false alarms; Bryan did it the wrong way with an upfront fee for having an alarm. He cautioned the City to be careful with the third party vendor. He is willing to donate time to train citizens on how to deal with a false alarm. David Elizondo, 2151 Harvey Mitchell Parkway #201, owner of Advanced Security Concepts, is also in agreement with the fees; however, he feels they should be a little higher to cover costs. He cautioned against fly-by-night companies who are only in the business to collect the monthly monitoring fees. Alarm companies need to be more accountable and more responsible for what they do. They should have an office in town with onsite technicians to handle problems. There being no further comments, the Public Hearing was closed at 9:00 p.m. MOTION: Upon a motion made by Councilmember Crompton and a second by Councilmember Maloney, the City Council voted seven (7) for and none (0) opposed, to proceed with a third party administrator, with the first three false alarms at no charge, $100 per false alarm after the third one, and re-starting the clock after twelve months. The motion carried unanimously. 4. Presentation, possible action, and discussion regarding the appointment of individuals to the College Station Business Advisory Committee. MOTION: Upon a motion made by Councilmember Crompton and a second by Councilmember Lyles, the City Council voted six (6) for and none (0) opposed, with Councilmember Fields absent from the dais, to appoint to the College Station Business Advisory Committee: Nancy Berry, Chairperson, Mayor of College Station Tedi Ellison, Ellison Law Firm 21 RM112210 Minutes Page 8 Celia Goode-Haddock, University Title Company Dick Haddox, ANCO Insurance Larry Hodges, Copy Corner / Double Dave’s Tom Jackson, College Station Medical Center Hub Kennady, A&M Super Storage The motion carried. 5. Presentation, possible action, and discussion regarding the appointment of additional members to the Medical Corridor Advisory Committee (MCAC). MOTION: Upon a motion made by Councilmember Crompton and a second by Councilmember Ruesink, the City Council voted seven (7) for and none (0) opposed, to appoint to the Medical Corridor Advisory Committee: Dennis Anderholm, Brandon Heights HOA Denise Barnett, Edelweiss Estates HOA Joe Brown, College Station Medical Center, Dir. of Public Communications Frank Hartman, College Station Medical Center, Dir. of Development Tom Jackson, College Station Medical Center, Chief Executive Officer Jan McMurray, Devonshire HOA Bill Rayburn, Scott & White Medical Center, Assoc. Reg. Chief Medical Officer Chuck Sanders, Southwood Forest HOA Gentry Woodard, Scott & White Medical Center, Dir. Of Govt. & Community Affairs Randy Yates, Shadowcrest HOA The motion carried unanimously. 6. Adjournment. MOTION: There being no further business, Mayor Berry adjourned the Regular Meeting of the City Council at 9:30 p.m. on Thursday, December 9, 2010. ________________________ Nancy Berry, Mayor ATTEST: ___________________________ Sherry Mashburn, City Secretary 22 January 13, 2011 Consent Agenda Item No. 2b Food Waste, Multifamily and Commercial Collection Franchise Amendment – Brazos Valley Recycling To: Glenn Brown, City Manager From: City Manager’s Office Agenda Caption: Presentation, possible action and discussion on the second reading of a franchise agreement amendment with Brazos Valley Recycling to add the collection of food waste for the purpose of recycling, multifamily apartments and commercial businesses to its agreement. Relationship to Strategic Goals: V. Green Sustainable City Recommendation(s): Staff recommends approval. Summary: The proposed amendment would add the collection of food waste for the purpose of recycling as well as adding service to multifamily apartments and commercial businesses to the list of services that can be provided by Brazos Valley Recycling through its current non-exclusive five (5) year franchise agreement. Brazos Valley Recycling is currently limited to collecting only construction and demolition debris for recycling purposes. The company will be responsible for developing onsite collection of the food waste and recyclables and that they are not collecting municipal solid waste. Section 120 of the City Charter states that "The City of College Station shall have the power by ordinance to grant any franchise or right mentioned in the preceding sections hereof, which ordinance, however, shall not be passed finally until it shall have been read at three (3) separate regular meetings of the City Council." Budget & Financial Summary: N/A Attachments: 1. Franchise Ordinance is on file in the City Secretary’s Office 23 January 13, 2011 Consent Agenda Item No. 2c Interlocal Agreement Between College Station and BVSWMA Inc. for Communications Services To: Glenn Brown, City Manager From: Ben Roper, IT Director Agenda Caption: Presentation, possible action, and discussion regarding approval of an Interlocal Agreement between the City of College Station and BVSWMA Inc. detailing communications services to be provided to BVSWMA by the City of College Station and setting the initial fees for those services. Relationship to Strategic Goals: Goal I.4 Services must pay for themselves. Recommendation(s):. The BVSWMA, Inc. Board of Directors approved the ILA on November 17, 2010. Staff recommends approval. Summary: During the process to create BVSWMA as a separate entity, both cities discussed the best method for the new BVSWMA Inc to obtain services previously provided by the City of College Station. Concurrent with the BVSWMA reorganization, a microwave system was constructed to provide connectivity from the new Twin Oaks landfill site back to the College Station/Bryan area. Through a serious of meetings, all parties agreed that it would be most cost effective for the City of College Station to continue to provide certain designated communications support to BVSWMA Inc. This Interlocal Agreement (ILA) describes the communications services that will continue to be provided by the City of College Station and sets the initial fees for these services. Fees for service following the initial year will be negotiated between the two parties on an annual basis. Budget & Financial Summary: N/A Attachments: 1. ILA 2. 24 25 26 27 28 29 30 31 32 33 34 January 13, 2011 Consent Agenda Item No. 2d Texas A&M University Systems Easement Approval To: Glenn Brown, City Manager From: Ben Roper, IT Director Agenda Caption: Presentation, possible action, and discussion regarding the authorization for the Mayor to execute the easement agreement of a utility easements located on the Texas A&M University System Property for the purpose of relocating underground fiber optic cable. Relationship to Strategic Goals: Financially Sustainable City Providing Response to Core Services and Infrastructure. Recommendation(s): Staff recommends Council authorize the Mayor to sign the easement documents. Summary: Easement is located at Wellborn Rd and Old Main Dr and is for the relocation of city fiber optic cable that forms part of the city’s communications network providing transport for data and voice traffic. Section 85.26 of the Texas Education Code, limits Texas A&M University to the grant of an easement for not more than 10 years after which time the Board may renew the easement. Budget & Financial Summary: Cost to relocate the fiber optic cable in the proposed easement is approximately $20,000.00 and will be paid from the Fiber Infrastructure Capital Project (CO 0902). Attachments: 1. Vicinity Map showing easement location 2. Easement Fiber Optic Cable 35 EASEMENT AGREEMENT (Fiber Optic-Underground) 1. Grant of Easement. The BOARD OF REGENTS OF THE TEXAS A&M UNIVERSITY SYSTEM, as grantor ("TAMUS"), on behalf of the State of Texas, acting by and through its duly authorized officer, under authority of System Policy 41.01, and by virtue of authority granted to the Board of Regents by TEX. EDUC. CODE ANN. §85.26, in consideration of the mutual benefits to be derived by both parties, hereby GRANTS, BARGAINS, SELLS, and CONVEYS to CITY OF COLLEGE STATION, whose address is P.O. Box 9960, College Station, Texas, as grantee ("CITY"), its permitted successors and assigns, a nonexclusive easement (the "Easement"). The Easement is ten feet (10') in width across certain property of TAMUS (the "Property"), located in Brazos, County, Texas, more particularly described in Exhibit "A" attached hereto and made part of this Easement Agreement (this "Agreement"). The actual "as built" location of the underground line shall locate, define, and establish the centerline of the Easement as denoted on the metes and bounds survey provided by Klotz Engineering. 2. Purpose and Location of Easement. The Easement is granted for the purpose of installing and maintaining an underground fiber optic cable. A plat of the Property showing the surface area affected by the Easement and the location of the cable and CITY's right-of-way is depicted on Exhibit "B" attached hereto and made a part of this Agreement. 3. Right of Access. CITY has the right of ingress and egress across the Property for the purpose of constructing, maintaining, repairing, replacing, and rebuilding the underground fiber optic cable. CITY agrees to occupy the surface of the Property only to the extent and for the length of time necessary for constructing, maintaining, repairing, replacing, and rebuilding the underground fiber optic cable. 4. Duties. CITY will clearly mark the location of the fiber optic cable in a manner and to the extent required by law. The fiber optic cable will be buried not less than thirty-six inches (36") below the surface. If CITY damages or destroys any landscaping, curbs, sidewalks, or parking areas, other than its own personal property, during construction or thereafter, CITY, will not be responsible for repair, or replacement of such landscaping, curbs, sidewalks, or parking areas. As further consideration for the moving of the fiber optic cable TAMUS expressly agrees to repair or replace such improvements so that it will, as nearly as practicable, be in like condition as before such damage or destruction. CITY agrees to notify T AMUS no later than three (3) business days after completion of the initial construction or after the need for subsequent work on the underground fiber optic cable is identified and to cooperate with TAMUS' personnel in an onsite inspection to assess any damages resulting fromCITY's Prepared by Office of General Counsel Wellborn Road Grade Separation Legal Files 2009..Q()21109 121IJIO-EDG 1"."!'·~.r""·"1 System i{"ai Estate Office \~~~'!1 OFFICIAL DOCUMENT 36 activities. CITY agrees to notify T AMUS five (5) business days prior to commencement of any repairs or replacements. 5. No Fee Interest Granted. This is a grant of a nonexclusive easement only, and does not grant any fee interest to the surface, subsurface, or any interest in the minerals on or under the Property. The conveyance is made subject to any and all outstanding restrictions, reservations, covenants, conditions, easements and other encumbrances filed of record or apparent on the ground. T AMUS expressly retains all rights to grant, control and renew all restrictions, reservations, covenants, conditions, leases, easements and other encumbrances, of every kind and character, on, over or under the Property. 6. Duration of Easement. In accordance with TEX. EDUC. CODE ANN. §85.26(c), this grant is for a term often (10) years and may be renewed only at the election ofTAMUS. CITY expressly understands that its continued possession of the Property under this Agreement after expiration of its term, without first obtaining a renewal from the Board of Regents of The Texas A&M University System, is a violation of state law that subjects CITY to a penalty of ONE HUNDRED DOLLARS ($100) for each day of such violation. CITY agrees to pay TAMUS such penalty within ten (10) business days after receipt of notice from TAMUS sent in compliance with Paragraph 13 ofthis Agreement. 7. Removal of Equipment. CITY has the right to remove its equipment at the expiration of this Agreement provided all obligations to TAMUS under this Agreement are fully satisfied. All equipment must be removed within one hundred twenty (120) calendar days from the date of termination or abandonment of the Easement granted by this Agreement .. Ifremoval causes injury to the surface or to any improvements ofTAMUS, CITY will not be liable for the costs to restore the surface or improvements. If CITY fails to remove the equipment within the times set forth in this Paragraph, TAMUS shall have the right to assume ownership of the cable bank or remove and dispose of the improvements. 8. Nonexclusive Easement. The Easement is nonexclusive. T AMUS reserves for TAMUS and TAMUS' successors and assigns the right to full use and enjoyment of the Property and the right to convey the Property or other rights or easements to others, so long as such use or conveyance does not unduly interfere with CITY's use. 9. Hold Harmless. CITY AND TAMUS, TO THE EXTENT ALLOWED BY THE CONSTITUTION AND THE LAWS OF THE STATE OF TEXAS, EACH AGREE TO INDEMNIFY AND HOLD THE OTHER HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, AND CAUSES OF ACTION FOR PERSONAL INJURY OR DEATH AND/OR DAMAGE TO OR DESTRUCTION OF PROPERTY OR IMPROVEMENTS CAUSED BY, ARISING OUT OF, OR RESULTING FROM THE EXERCISE OF EACH PARTIES RIGHTS AND OBLIGATIONS UNDER TmS AGREEMENT. 10. Use of Property. CITY will not commit or suffer to be committed waste upon the Property; will keep the Property, the improvements, and its equipment in good working order 2 Prepared by Office ofGenel1l1 Counsel Wellborn Road Gmde Separation Legal Files 2009·0021109 I2IlIIO-EDG ';""j("I' l'c-,·,' I:,.• ".~ {)I1'!Ce K..... J."~. .,"..... HLh~t{;tlL T OFFICIAL DOCUMENT 37 and repair and in a clean, safe, and healthful condition; and will comply with all federal, state, and local laws, rules, and regulations with regard to the use and condition of its improvements and equipment. 11. Hazardous Waste. CITY will not use the Property or permit the Property to be used so as to cause, suffer, or allow any contamination of soils, ground water, surface water, or natural resources on or adjacent to the Property resulting from, but not limited to, spills or leaks of oil, gasoline, hazardous materials, hazardous wastes, or other chemical compounds. CITY is solely responsible for cleanup of any contamination resulting from violation of this provision. IF THE PRESENCE OF HAZARDOUS MATERIALS ON THE PROPERTY IS CAUSED OR PERMITTED BY CITY AND SUCH MATERIALS RESULT IN CONTAMINATION OF THE PROPERTY OR IF CONTAMINATION OF THE PROPERTY BY HAZARDOUS MATERIAL OTHERWISE OCCURS AND IS RELATED TO CITY'S USE, THEN CITY, TO THE EXTENT ALLOWED BY THE CONSTITUTION AND THE LAWS OF THE STATE OF TEXAS, SHALL INDEMNIFY, DEFEND, AND HOLD TAMUS HARNILESS FROM AND AGAINST ANY AND ALL CLAIMS, JUDGMENTS, DAMAGES, PENALTIES, FINES, COSTS, LIABILITIES, OR LOSSES (INCLUDING DIMINUTION IN VALUE OF THE PROPERTY, DAMAGES FOR THE LOSS OF OR RESTRICTION ON USE OF THE PROPERTY OR OF ANY AMENITY OF THE PROPERTY, AND SUMS PAID IN SETTLEMENT OF CLAIMS, ATTORNEYS' FEES, CONSULTANTS' FEES AND EXPERTS' FEES) WmCH ARISE DURING OR AFTER THE EASEMENT TERM AS A RESULT OF SUCH CONTAMINATION. THIS INDEMNIFICATION OF TAMUS BY CITY INCLUDES COSTS INCURRED IN CONNECTION WITH ANY INVESTIGATION OF SITE CONDITIONS AND ANY CLEANUP, REMEDIAL, REMOVAL, OR RESTORATION WORK REQUIRED BY ANY FEDERAL, STATE, OR LOCAL GOVERNMENTAL AGENCY OR POLITICAL SUBDIVISION BECAUSE OF THE PRESENCE OF HAZARDOUS MATERIAL. 12. Default and Termination. It is agreed that upon default by CITY of any of the covenants and conditions set forth in this Agreement, T AMUS has the right, and such right is expressly reserved, to declare the Easement forfeited, without prejUdice to any claim T AMUS may have against CITY; provided, however, TAMUS will give CITY written notice of its intention to terminate the Easement and the reasons for termination, and CITY will have thirty (30) calendar days after receipt of notice to rectify the default or violation. Upon timely correction, as determined by T AMUS in its sole discretion, the Easement will remain in full force and effect. Termination or abandonment of the Easement for any cause is automatic and all rights granted revert to T AMUS without the necessity of any further action or suit on the part of T AMUS. Upon termination or abandonment, CITY agrees to file a Release of Easement in the Deed Records of the County in which the Property is located, but if it fails to do so within ten (10) days following written demand from T AMUS, then TAMUS shall have the right to file the Release of Easement. Abandonment will be deemed to have occurred when the Easement is not used for the purposes granted for a continuous period of one calendar year. 3 Prepared by Office oCGeneral Counsel Wellborn Road Grade Separation Legal Files 2009·0021109 I2IIIIO·EDG 38 13. Notices. Any notice required or permitted under this Agreement must be in writing, and shall be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address set out below. Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission, email, or other commercially reasonable means and will be effective when actually received. TAMUS and CITY may change their respective notice address by sending to the other party a notice of the new address. Notices should be addressed as follows: TAMUS: The Texas A&M University System Office of General Counsel Attn: System Real Estate 200 Technology Way, Suite 2079 College Station, Texas 77845-3424 Phone: (979) 458-6350 Fax: (979) 458-6359 CITY: City of College Station Attn: City Manager P.O. Box 9960 College Station, Texas 77840-7896 Phone: (979) 764-3510 14. Waiver. The failure of CITY or TAMUS to insist in anyone or more instances on a strict performance of any of the covenants of this Agreement shall not be construed as a waiver or relinquishment of such covenants in future instances, but the same shall continue and remain in full force and effect. 15. Privileges and Immunities. CITY acknowledges that T AMUS is an agency of the State of Texas and nothing in this Agreement will be construed as a waiver or relinquishment by T AMUS of its right to claim exemptions, privileges, and immunities as may be provided by law. 16. Governing Law and Venue. The validity of this Agreement and all matters pertaining to this Agreement, including but not limited to, matters of performance, non-performance, breach, remedies, procedures, rights, duties, and interpretation or construction, shall be governed and determined by the Constitution and the laws of the State of Texas. Pursuant to Section 85.18, Texas Education Code, venue for any suit filed against TAMUS shall be in the county in which the primary office of the chief executive officer of T AMUS is located. 17. Grammatical Interpretation. When the singular number is used, it also includes the plural, and the masculine gender includes the feminine and neuter gender. 18. Headings. Headings are for reference and will not be construed to limit or alter the meaning of the provisions of this Agreement. 4 Prepared by Office ofGeneral Counsel Wellborn Road Grade Separation Legal Files 2009·0021109 IUIIIO·EOO System Real Estate Office OFFICIAL DOCUMENT 39 19. Saving Clause. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions will remain in full force and effect and will not be affected, impaired or invalidated. 20. Assignment. CITY may not sell, assign, encumber or convey the Easement without the prior written consent of T AMUS and any attempt by CITY to sell, assign, encumber or convey the Easement without such consent will cause this Agreement to terminate. 21. Successors and Assigns. This Agreement and each and all of its covenants, obligations, and conditions shall inure to the benefit of and be binding upon the heirs, personal representatives, successors, and permitted assigns of the parties. 22. Entire Agreement. This Agreement constitutes the complete agreement of the parties and supersedes any prior understanding or agreement, written or oral, between them regarding the issues covered by this Agreement. This Agreement may not be modified orally or in any manner other than by agreement in writing signed by the parties hereto or their permitted successors or assigns. 23. Effective Date. This Agreement is deemed to be in force as of the L day ofj)fffiJJJhe? ,20 jo. BOARD OF REGENTS OF THE TEXAS A&M UNIVERSITY SYSTEM, an agency of the ate of Texas By: Chancellor The Texas A&M University System E • GOSE, J.D. Assistant General Counsel Office of General Counsel The Texas A&M University System 5 Prepared by Office orOeneraJ Counsel Wellborn Road Grode Separation Legal File, 2009-0021109 12IIII()"EDG System Real Estate Office .' OFFICIAL DOCUMENT l"",~~""~.=...",=,,,:::,~, 40 TERMS AND CONDITIONS EXPRESSLY ACKNOWLEDGED AND ACCEPTED: CITY OF COLLEGE STATION By: NANCY BERRY Mayor City of College Station ATTEST: SHERRY MASHBURN City Secretary City of College Station ACKNOWLEDGEMENTS STATE OF TEXAS COUNTY OF BRAZOS § § § . This instrument was acknowledged before me this 3~ay Of~.J ,2CV j) by MICHAEL D. MCKINNEY, Chancellor of The Texas A&M University System, on behalf of the Board of Regents ofThe TexasA&M University System, an agency of the State of Texas. ~J0Jabt;? ~ STATE OF TEXAS § § COUNTY OF BRAZOS § This instrument was acknowledged before me this day of _____, 20_ by NANCY BERRY, Mayor of the City of College Station. Notary Public 6 Prepared by Office ofGeneral Counsel WeUborn Road Grade Separation Legal Files 2009-0021109 121I1IO-EDG System Real Estate Office OFFICIAL DOCUMENT 41 PROPERTY DESCRIPTION FOR A FIBER OPTIC EASEMENT 0.3925 of one acre (17;096 square feet) ofland in the J.E. Scott Survey, Abstract 50, Brazos County, Texas, being a portion of a called 40 acre tract described as Tract 2 of 3 tracts comprising 980 acres as conveyed in a deed dated June 24, 1871, from H. Mitchell to the Agricultural and Mechanical College of Texas, as recorded in Volume M, Page 142 of the Brazos County, Texas said 0.3925 of one acre being more particularly described by metes and bounds as follows: COMMENCING for reference at the remnants of a concrete TxDOT monument found for an angle comer in the southerly right of way line ofF.M. 60 at the intersection with F.M. 2154, described as Tract No. 1 of 3 Tracts conveyed as right of~way easement from Texas A&M University to the State of Texas in a deed dated May 18, 1964, thence as follows: sourn 49°39'27" WEST, crossing said F.M. 2154, a distance of 286.98 feet to a point in the southwest right-of-way line ofthe Southern Pacific Railroad SOUTH 40°20'33" EAST along said southwest right of way line, a distance of816.48 feet to the northeast comer and POINT OF BEGINNING of herein described easement, having surface coordinates of X=3,550,719.11 and Y=10,21O,280.57. All bearings and coordinates are based on the State Plane Coordinate System of Texas, Central Zone, North American Datum 1983 (1993 adjustment). AU distances and coordinates are surface and may be converted to grid by multiplying by a combined adjustment factor of0.999892328; 1. mENCE, SOUTH 40°20'33" EAST along said southwest right-of-way line, a distance of 243.90 feet to an angle comer of the herein described easement; 2. THENCE, SOUTH 49°39'12" WEST, departing said southwest right-of-way line, a distance 0[,80.08 feet to an angle comer ofthe herein described easement; 3. THENCE SOUTH 53°34'12" West,. a distance of 66.66 feet to an angle comer of the herein described easement; 4. THENCE SOUTH 49°38'56" West, a distance 0[230.75 feet to an angle comer of the herein described easement; 5. rnENCE SOUTH 40°21'04" East, a distance of333.86 feet to an angle comer ofthe herein described easement; 6. THENCE NORTH 49°38'56" East, a distance of361.50 feet to an angle comer ofthe herein described easement; '. Svstem Real Estate Office 3 OFFICIAL DOCUMENT Exhibit A 42 Page 2 of3 7. THENCE SOUTH 40°21 '04" East, a distance of 366.95 feet to an angle comer of the herein described easement; 8. THENCE NORTH 49°38'56" East, a distance of 15.73 feet to an angle comer of the herein described easement on said southwest right-of-way line of Southern Pacific Railroad; 9. THENCE SOUTH 40°20'33" East, along said southwest right-of-way line, a distance of 10.00 feet to the southeast corner ofthe herein described easement; 10. THENCE SOUTH 49°38'56" West, departing said southwest right~of-way line, a distance of25.73 feet to an angle comer ofthe herein described easement; 11. THENCE NORTH 40°21'04" West, a distance of366.95 feet to an angle comer of the herein described easement; 12. THENCE SOUTH 49°38'56" West, a distance of361.50 feet to an angle comer ofthe herein described easement; 13. THENCE NORTH 40°21'04" West, a distance of353.86 feet to an angle comer ofthe herein described easement; 14. THENCE NORTH 49°38'56" East, a distance of 241.47 feet to an angle comer ofthe herein described easement; 15. THENCE NORTH 53°34'12/1 East, a distance of66.66 fectto an angle comer ofthe herein described easement; 16. THENCE NORTH 49°39'12" East, a distance of69.36 feet to an angle comer ofthe herein described easement; 17. THENCE NORTH 40°20'33" West, a distance of233.82 feet to an angle comer of the herein described easement, ten feet from at right angles to said southwest right-of-way line; Exhibit A 43 Page 3 of3 18. THENCE NORTH 49°11'17" East, along a line parallel with and ten feet southwest of said southwest right-of-way line,a distance of 1 0.00 feet to the POINT OF BEGINNING and containing 0.3925 of one acre (17,096 square feet) ofland. A survey plat ofeven date accompanies this property description. I do hereby certify that this metes and bounds description and accompanying parcel plat conform to the current General Rules of Procedures and Practices as adopted by the Texas Board of Professional Land Surveyors. John David Kenney, R.P.L.8. No. 208 RODS SURVEYING,INC. DATE: Nov. 24, 2010 ~\ System Real Estate Office .. ' OFFICIAL DOCUMENT Exhibit A 44 -- .LNaW(l:)oa'1\fl:)U.tlO m(\ 3WlS'3.lea~ Ul')lSAS o 200 400 600 i i SCALE 1"=200' ~ m ><::r 2:,...... m~ the State Plane Coordinate ~~~~ml ~~3 T~~~~3 i~7~~~':"'~W~' A~~r~?s~~~!;a~nd surfoee and may be converted to Combined adjustment and bounds descr i Dt i on of even dote prepared without benefit of 0 title repOrt and may be affected by factors~ FI8ER OPTIC EASEMENT '<? f ~ ~ 9.. <: ~ ~ Tract 1 Ca I led O. 98 Acres Texas A~M University to State of Texas Permonent right-of-way Eosement vol. 245, Pg. 559 Brazos County Deed Records May 18, 1964 MONUMENT EXlsrtNo R.O. Easement and right-of-way Agricultural & MeChanical Col lege of Texas to International & Great Ra i I road Company Yo I. 39, Pg. 12 Brazos County Oeed Records June , f 1911 o o .u. I. SCOTt S Called 40 acres Tract 2 of 3 tracts comprising 980 acres H. Mitchell to Agricultural and Mechanical College of Texas Vol. 1,1, Page 142 Brazos County Deed Records June 24, 1871 "'10.00' I hereby certify that this easement mop is based on a survey made on the ground under my superv i s ion. j-~-~-~:::::---~ John David Kenney, R:-~~S~;;;~­ Taxas Registration No. 2080 NOTES: 1~ Bearings based on coordinates ore ?~~~o~yo'r6~~~4~~2M: a 2. A metes accompanies this survey .. 3. This survey was current easements or other PROPOSED BODS 6810 LEE RO SPRING, T TEL 12811 FAX 12811 JOB No. 20882-003 DATE: 2010 45 January 13, 2011 Consent Agenda Item No. 2e Brazos County Emergency Communications District Interlocal Agreement To: Glenn Brown, City Manager From: Jeff Capps, Chief of Police Agenda Caption: Presentation, possible action, and discussion regarding participation in an Interlocal Agreement (ILA) between the Brazos County Emergency Communications District (BCECD) and the City of College Station (the city) for the purpose of purchase, maintenance, and operation of hardware utilized to process CAD and emergency 911 calls. Relationship to Strategic Goals: Financially Sustainable City Providing Response to Core Services and Infrastructure. Recommendation(s): Acceptance of the ILA. Summary: BCECD is the established Emergency Communications District in Brazos County, Texas and the Public Safety Answering Point (PSAP) for the City of Bryan and the unincorporated areas of Brazos County while the City’s Police Communications Center is the Public Safety Answering Point (PSAP) for the incorporated area of the City of College Station. The BCECD receives all funding collected for emergency service fees for the entire county of Brazos, Texas and both Parties provide answering services for incoming emergency 911 calls for police, fire, and ambulance assistance. Both parties also mutually support each other as a backup site for dispatch and emergency services. The purpose of this agreement is to provide guidelines regarding the purchase, maintenance, and operation of hardware utilized to process CAD and emergency 911 calls. This agreement addresses plans to be accomplished by each party within the next fiscal year, and future maintenance and ownership responsibilities of each party for computer systems located at the City PSAP and used to process Emergency 911 calls and dispatch appropriate emergency personnel. BCECD will purchase six (6) Computer Workstations, including required video cards, and monitors to replace existing work stations. Funding for future maintenance and replacement of this equipment will be the responsibility of the City, following ownership transfers. The City will purchase six (6) 911 Computer systems to be dedicated to 911 call handling functions. Funding for future maintenance and replacement of this equipment will be the responsibility of the BCECD. Budget & Financial Summary: The six (6) computers that are being purchased by BCECD will total approximately $21,000. The six (6) computers that are being purchased by the city will total approximately $8,730. Attachments: 1. Interlocal Agreement 46 47 48 49 50 51 52 January 13, 2010 Consent Agenda Item No. 2f Alarm Ordinance Amendment To: Glenn Brown, City Manager From: Jeff Capps, Chief of Police Agenda Caption: Presentation, possible action, and discussion regarding an alarm ordinance amendment to include the use of a graduated fine schedule. Relationship to Strategic Goals: Goal I.8 Evaluating Public Safety Needs. Recommendation(s): Amend current ordinance to require a graduated fine schedule and reduce the number of false alarms allowed. Summary: During the December 9, 2010 meeting, the Council approved an amendment to the alarm ordinance, which included a fine schedule that allowed no fine for the first three false alarms and a $100 fine for each subsequent false alarm. Section 214.197 of the Local Government Code (see attached) only permits a municipality to adopt the fine schedule for false alarms as set out in the statute. The graduated fine list that was presented to Council on December 9, 2010 complies with state law but the fine schedule that was ultimately approved by Council does not. Staff seeks Council approval to amend the current alarm ordinance by reducing the number of false alarms allowed before fines are assessed from five to three. Further, we seek to establish a graduated fine schedule for continued false alarm responses. The proposed fine scheduled is as follows: Number of False Alarms Fine 1 - 3 false alarms $0 4 – 5 false alarms $50.00 each 6 – 7 false alarms $75.00 each 8 and above false alarms $100.00 each Budget & Financial Summary: N/A Attachments: · Draft of amended City of College Station Code of Ordinances Section 8: I False Alarms · Copy of Section 214.197 of the Local Government Code 53 54 55 56 57 58 Local Government Code Sec. 214.197. PENALTIES FOR FALSE ALARMS. A municipality may impose a penalty for the signaling of a false alarm by a burglar alarm system if at least three other false alarms have occurred during the preceding 12-month period. The amount of the penalty for the signaling of a false alarm as described by Section 214.196 may not exceed: (1) $50, if the location has had more than three but fewer than six other false alarms in the preceding 12-month period; (2) $75, if the location has had more than five but fewer than eight other false alarms in the preceding 12-month period; or (3) $100, if the location has had eight or more other false alarms in the preceding 12- month period. 59 January 13, 2011 Consent Agenda Item No. 2g Bird Pond Road Rehabilitation Project Rejection of Bid 11-02 To: Glenn Brown, City Manager From: Chuck Gilman, P.E., Director of Public Works Agenda Caption: Presentation, possible action and discussion regarding rejection of bid 11-02 for the Bird Pond Road Rehabilitation Project. Relationship to Strategic Goals: Financially Sustainable City Providing Response to Core Services and Infrastructure Recommendation(s): Staff recommends that Bid 11-02 be rejected Summary: The purpose of this project is to reconstruct Bird Pond Road from Rock Prairie Road to the City Limit line. Four bids were received. The lowest responsible bid was $745,340.90. The cost for these improvements exceeds the funds available in the Public Works Operating Budget. The project approach is being revised, the design is being modified to include additional bid alternatives and the design and construction will be included in the City’s capital plan and funded with long term debt. It is expected that the surveying and design will be completed in FY 2011 and construction will begin in FY 2012. Budget & Financial Summary: N/A Attachments: None 60 January 13, 2011 Consent Agenda Item No. 2h Project Number WF1129844 Carter Creek Wastewater Treatment Plant Lab & SCADA Building To: Glenn Brown, City Manager From: Chuck Gilman, P.E., Director of Public Works Agenda Caption: Presentation, possible action, and discussion on a change order to the Professional Services Contract 09-305 with Lockwood, Inc. in the amount of $30,000, for the design of Carter Creek Wastewater Treatment Plant Lab & SCADA Building. Relationship to Strategic Goals: Goal I, Financially Sustainable City Providing Response to Core Services and Infrastructure Recommendation(s): Staff recommends approval of this change order. Summary: The purpose of this project is to design and construct a new building at the Carters Creek Waste Water Treatment Plant to house a new laboratory and the Water Services Department SCADA equipment and city staff. During the design phase of this project, it was determined that the existing potable water system serving the Carters Creek Waste Water Treatment Plant does not have enough capacity to provide adequate fire protection for the new lab and SCADA Building. This change order will provide fire flow analysis, survey, and construction drawings for a new water line to service the treatment plant. Budget & Financial Summary: Change Order No. 1 will increase the contract amount by $30,000 for a revised contract total of $255,477. The current budget for this project is $1,165,087. Funds in the amount of $246,883 have been expended or committed to date, leaving a balance of $918,204 for this change order and future expenditures. Attachments: 1.) Project Location Map 2.) Change Order 61 CCWWTP E M E R A LD P WFRONTAGE 6 RDA PP O MATTOX DR EARL RUDDER FWNORTH FOREST PWSPRING CREEK ONRAMP 6SANDSTONE DR LAUREN DR JUSTIN AV RAINTREE DR ALISON AV BENT OAK STBENT TREE DRROSEWOOD DRAMBER RIDGE D ROFFRAMP 6SEBESTA RDALLEY CHIPPENDALE S T SHADO W OAKSST THOMAS RD WILD E RNESS DRSUMTER DRWILDEW OOD CR EME R A LD PLZANTIETAM DRC H E S TNUT OAK CRIRONWOOD DRR O L L IN G R O C K P LBLACKJACK DR ROSEBUD CTPEBBLESTONE CTW HIT E R O S E C T WALNUT BENDDRI FT W O OD DR TURTLE ROCK LO F A W N C T TOPAZ CT JADE CT B R IA R R O S E C T EARL RUDDER FWFRONTAGE 6 RDCARTER CREE K WASTE WATE R TRE ATME NT P LANTLAB AND SCADA BU ILDING I 62 63 January 13, 2011 Consent Agenda Item No. 2i Interlocal Agreement with the College Station Independent School District To: Glenn Brown, City Manager From: Chuck Gilman, Director of Public Works Agenda Caption: Presentation, possible action, and discussion of an Interlocal Agreement (ILA) between the College Station Independent School District and the City of College Station for the exchange of real property for wastewater services. Relationship to Strategic Goals: Goal I, Financially Sustainable City Providing Response to Core Services and Infrastructure. Recommendation(s): Staff recommends approval of the ILA. Summary: CSISD has recently purchased two tracts of land located in south College Station. These two large-acre tracts will provide accommodations for up to four future schools or school facilities. Greens Prairie Elementary School, one of the four facilities, is currently under construction. Greens Prairie Elementary and the future facilities will require adequate access to, and use of, the City’s wastewater system. The City is the owner and operator of a lift station located at the intersection of Royder Road and Greens Prairie Trail, and is willing to let CSISD discharge wastewater into the lift station. The lift station will pump the wastewater to the Lick Creek Wastewater Treatment Plant. CSISD will be responsible for all construction costs for the infrastructure needed to connect to the lift station. The City will be responsible for all costs associated with operation and maintenance of the lift station, as well as any improvements required to meet the future needs of the four schools or school facilities. In exchange for this, the City requested that CSISD provide land from one of the two tracts recently purchased for a future fire station site. The fire station will be necessary to serve the southern portion of College Station. This ILA outlines the responsibilities of each party and provides for CSISD to convey approximately 2.00 acres of land adjacent to Royder Road, north of Greens Prairie Trail, for a future fire station site, as shown on the attached map. Budget & Financial Summary: The immediate impact to the operation and maintenance cost of the lift station is negligible. Attachments: 1. Location Map 2. Interlocal Agreement – On file in the City Secretary’s Office 64 65 January 13, 2011 Consent Agenda Item No. 2j Emerald Forest Park Improvements Professional Services Contract Change Order Project Number PK0713 To: Glenn Brown, City Manager From: Chuck Gilman, Director of Public Works Agenda Caption: Presentation, possible action and discussion for change order to the Professional Services Contract 10-229 with Mitchell & Morgan, LLP for an increase in the amount of $9,849.00 to the Emerald Forest Park Improvements Project. Relationship to Strategic Goals: Goal II, Neighborhood Integrity. Recommendation(s): Staff recommends approval of this Change Order. Summary: The purpose of this project is to improve the existing park within the Emerald Forest Subdivision. The playground equipment is being upgraded at the park along with some minor drainage improvements and additional park lighting. The foundation supporting the playground is being elevated approximately 3 feet to keep the playground equipment from being inundated with storm water during flood events. The sidewalks must also be re-designed and adjusted to meet the new grades of the playground site. The structural and electrical engineering components were not included in the original scope of work for this project. Additionally, this change order adds construction administration and construction materials testing to the contract. Budget & Financial Summary: Change Order No. 1 will increase the contract amount by $9,849.00 for a revised contract total of $21,349.00. $106,000 is budgeted for this project in the Parks Capital Improvement Projects Fund and $63,000 is budgeted for the project in the Zone 8 Park Land Dedication Fund. A total of $14,401 has been expended or committed to date, leaving a balance of $154,599 for this change order and future expenses. Attachments: 1. Location map 2. Change Order 66 APPOMATTOXSPRING CREEK EMERALDCHIPPENDALE ALISON WILDEWOOD LAURENR O L L IN G R O C K F A W N BENT OAKSHADO W OAKS CREEKVI EWROSEWOODAPPOMATTOX DRSPRING CREEK LAUREN DRE M E R A L D P K W Y JUSTIN AVENUE R O L L IN G R O C K P L W ALNUT BEND1 inch = 300 feet $ Emerald Forest Park Project Location Map Legend Emerald Forest Park 67 68 January 13, 2011 Consent Agenda Item No. 2k College Station Skate Park Project Construction Contract #11-060 Project Numbers PK-0911 To: Glenn Brown, City Manager From: Chuck Gilman, P.E., Director of Public Works Agenda Caption: Presentation, possible action, and discussion on rejecting proposals received pursuant to RFP 10-88 and awarding Construction Contract 11-060 (RFP 11-16) with JaCody, Inc. in the amount of $684,917.90 for the College Station Skate Park Project. Relationship to Strategic Goals: Goal I, Financially Sustainable City Providing Response to Core Services. Recommendation(s): Staff recommends approval of this contract. Summary: The College Station Skate Park Project was approved by the voters in the 2008 Bond Election. The project consists of a street course and in-ground bowl structures to be constructed at the Southwood Athletic Complex. Seven firms submitted a response to our original RFP (No. 10-88). Five of the lowest seven bidders submitted a proposal that included a skate park specialty contractor that did not meet the experience and qualifications requirements specified in our RFP. The two highest bidders who submitted qualified proposals far exceeded our budget for this project. Therefore staff revised the experience and qualification requirements and also modified the scope of work for the project and issued a new Request for Proposals, RFP 11-16. Staff is recommending Council reject the proposals submitted in response to RFP 10-88, and consider the award of a contract pursuant to RFP 11-16. The City received eight competitive sealed proposals as a result of the new RFP. The proposals were ranked according to a published set of selection criteria that included a bid amount, experience and qualifications, references and reputation, current workload and schedule, key project personnel, financial resources and safety record. JaCody was ranked highest by the review committee based on the evaluation of their proposal based on the selection criteria. The contract includes the base bid with four bid alternates. The base bid is $581,907.40. The first alternate is the inclusion of a smaller skateable bowl structure referred to as the “pool”. The cost for Alternative 1 is $64,501.50. The second alternate is for the installation of a pre-engineered shade structure and the associated exposed aggregate pad for the structure. The cost for Alternative 2 is $20,425.00. The third alternate is for block sodding as opposed to hydromulch seeding. The cost for Alternative 3 is $16,884.00. The fourth alternate is for the installation of concrete bench pads for future bench locations. The cost for Alternative 4 is $1,200.00. Construction is expected to take approximately eight months, so the park should be open in early October. Budget & Financial Summary: $920,000 is budgeted for this project in the Parks Capital Improvement Projects Fund. $202,276 has been expended or committed to date, leaving a balance of $717,724 for construction and related expenses. Attachments: 1.) Project Location Map 2.) Resolution 69 R o c k P rai rie R dDall i s Dr Wi l dry e Dr Coast al Dr Nor mand Dr College Station Skate Park Complex Project Location Map 70 71 January 13, 2011 Consent Agenda Item No. 2L Contract Administration Procedures To: Glenn Brown, City Manager From: Chuck Gilman, P.E., Director of Public Works Agenda Caption: Presentation, possible action, and discussion regarding a resolution to revise certain change order provisions in our standard contracts for professional services. Relationship to Strategic Goals: Goal I.1. Spending taxpayer money efficiently Recommendation(s): Staff recommends approval of the resolution as presented. Summary: Prior to the November 22nd meeting, any change order that increased or decreased the contract amount by 5% or more required Council approval (regardless of the original amount). On November 22, 2010 Council approved a resolution to change contract routing procedures and revised certain provisions of City standard contracts. Part of the resolution approved on November 22nd addressed change orders for professional services contracts under $50,000 and inadvertently omitted change order provisions for contracts over $50,000. The attached resolution for Council consideration addresses change orders for all professional services contracts, those contracts less than and greater than $50,000. Staff is proposing the following changes to the City’s standard professional services contracts: 1. When the original contract amount plus all change orders is less than $50,000, the City Manager or his delegate may approve the written change order provided the change order does not increase the total amount set forth in the contract to more than $50,000. For such contracts, when a change order results in a total contract amount that exceeds $50,000, the City Council must approve such change order prior to commencement of the services or work. 2. When the original contract amount plus all change orders is equal to or greater than $50,000, the City Manager or his delegate may approve the written change order provided the change order does not exceed $25,000, and provided the sum of all change orders does not exceed 25% of the original contract amount. For such contracts, when a change order exceeds $25,000 or when the sum of all change orders exceeds 25% of the original contract, the City Council must approve such change order prior to commencement of the services or work. Staff feels this revision will provide more flexibility and allow staff to operate more efficiently. Budget & Financial Summary: None. Attachments: 1. Resolution 72 73 74 January 13, 2011 Consent Agenda Item No. 2m Tauber & Stasney Street and Utility Rehabilitation Project Construction Contract Project Numbers ST-0505, WF0625888, WF0625893, WF6598173, CO-0902 To: Glenn Brown, City Manager From: Chuck Gilman, P.E., Director of Public Works Agenda Caption: Presentation, possible action, and discussion on Construction Contract 11-070 with Dudley Construction, Ltd. in the amount of $2,507,475.13 for the Tauber & Stasney Street and Utility Rehabilitation Project. Relationship to Strategic Goals: Goal I, Financially Sustainable City Providing Response to Core Services and Infrastructure. Goal II.1, Preserving and restoring older neighborhoods. Recommendation(s): Staff recommends approval of this contract. Summary: The Tauber and Stasney Street and Utility Rehabilitation Project is located in the Northgate District and is bounded by University Drive to the south and Cherry Street to the north. The project includes the replacement of aging water and wastewater infrastructure serving the area along with the construction of new sidewalks, concrete pavement, curb and gutter, storm sewer system, benches, and street trees. A total of five bids were received for this project and Dudley Construction, Ltd. was found to be the lowest responsible bidder. The contract amount includes two alternate bid items, both for pipe bursting of sewer lines in the rear lots that are remaining in service. Staff will deliver a presentation during the Regular Session of the City Council Meeting to further explain the scope of work and history of this project. Budget & Financial Summary: Funds in the amount of $2,252,110 are budgeted for this project in the Streets Capital Improvement Projects (CIP) Fund. In addition, $415,044 is budgeted in the Water CIP Fund and $793,772 in the Wastewater CIP Fund. Finally, funds are budgeted in the Electric CIP Fund for the Electric component of this project and funds are budgeted in the General Government CIP Fund for the fiber related to this project. The Streets portion of this project is estimated to come in over budget by approximately $576,000. To account for this overage, $422,225 will be transferred from the Northgate Street Rehabilitation project. These funds are from the 2003 GOB authorization and are the funds remaining for street rehabilitation in the Northgate. In addition, budgets from several complete Streets capital projects will be transferred to this project to account for the additional budget that is needed. The non-Streets CIP components of the project are projected to be completed within budget. Attachments: 1.) Project Location Map 2.) Bid Tabulation 3.) Resolution 75 University DrC o lle g e Mai n Church AveN a gle St T a u b er St Sta s n e y StCherry StS e c o n d St Cross StL o d g e St C h u rc h AveLouise AvePatricia StCross StTauber and Stasney Street Rehabilitation Project Location Map 76 City of College Station - Purchasing Division Bid Tabulation for #11-17 "Taubner Stasney Rehab" Open Date: Monday, December 6, 2010 @ 2:00 p.m. ITEM QTY UNIT DESCRIPTION UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE 1 1 LS Mobilization and ROW Preparation (includes removal and adjustment of existing mailboxes, street signs, and irrigation systems) $ 100,000.00 $100,000.00 $72,454.50 $72,454.50 $104,500.00 $104,500.00 $165,000.00 $165,000.00 $200,000.00 $200,000.00 2 1 LS Construction Staking $ 20,000.00 $20,000.00 $10,189.34 $10,189.34 $51,200.00 $51,200.00 $38,000.00 $38,000.00 $8,000.00 $8,000.00 3 1 LS Stormwater Pollution Prevention Plan (includes installation and maintenance of erosion control structures throughout the entire project.) $ 9,000.00 $9,000.00 $11,987.46 $11,987.46 $19,165.00 $19,165.00 $7,000.00 $7,000.00 $18,000.00 $18,000.00 4 1 LS Proposed Northgate Parking Meter System $ 100,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 Subtotal 5 1336 LF Removal and disposal of 6" Curb $5.00 $6,680.00 $1.54 $2,057.44 $9.20 $12,291.20 $4.20 $5,611.20 $5.00 $6,680.00 6 21158 SF Removal of concrete pavement (includes sidewalks,driveway and associated curbs)$1.20 $25,389.60 $0.58 $12,271.64 $2.40 $50,779.20 $1.25 $26,447.50 $1.00 $21,158.00 7 97055 SF Removal of asphalt pavement (including base material) and driveways $0.60 $58,233.00 $0.44 $42,704.20 $0.60 $58,233.00 $0.50 $48,527.50 $0.75 $72,791.25 8 465 SF Removal of gravel driveway $0.30 $139.50 $0.60 $279.00 $2.75 $1,278.75 $0.50 $232.50 $0.75 $348.75 9 2485 LF Remove Ex. Waterline Pipe $16.50 $41,002.50 $10.96 $27,235.60 $20.00 $49,700.00 $18.00 $44,730.00 $7.00 $17,395.00 10 2 EA Remove Ex. Inlets $550.00 $1,100.00 $900.12 $1,800.24 $1,045.00 $2,090.00 $1,000.00 $2,000.00 $600.00 $1,200.00 Subtotal 11 1 LS Earthwork - Cut/Fill (±3,200 CY)$45,000.00 $45,000.00 $26,613.66 $26,613.66 $82,350.00 $82,350.00 $51,000.00 $51,000.00 $50,000.00 $50,000.00 12 303 LF Concrete Curb (all types)$17.00 $5,151.00 $12.00 $3,636.00 $12.75 $3,863.25 $17.00 $5,151.00 $15.00 $4,545.00 13 12925 SY 7"Lime Stabilization Subgrade (includes subgrade preparation and incorporation of lime into subgrade)$8.75 $113,093.75 $6.96 $89,958.00 $8.65 $111,801.25 $11.50 $148,637.50 $6.00 $77,550.00 14 11605 SY 6"Concrete Pavement (includes connection to existing concrete pavement.) (includes commercial and residential driveways)$34.75 $403,273.75 $48.32 $560,753.60 $29.45 $341,767.25 $37.00 $429,385.00 $33.00 $382,965.00 15 8 EA Extend Roof Drains $575.00 $4,600.00 $267.48 $2,139.84 $600.00 $4,800.00 $1,100.00 $8,800.00 $1,000.00 $8,000.00 Subtotal 16 1305 LF 18"RCP,CL III,Tongue and Groove,w/Profile Gasketed Joints (includes installation, embedment, backfill and clean-up)$70.00 $91,350.00 $41.16 $53,713.80 $69.00 $90,045.00 $58.00 $75,690.00 $46.00 $60,030.00 17 6 EA Junction Box $2,800.00 $16,800.00 $2,013.75 $12,082.50 $2,425.00 $14,550.00 $2,300.00 $13,800.00 $4,000.00 $24,000.00 18 1 EA Convert Existing Inlet to Junction Box $2,000.00 $2,000.00 $2,167.09 $2,167.09 $1,175.00 $1,175.00 $2,700.00 $2,700.00 $3,000.00 $3,000.00 19 3 EA Grate Inlet $3,200.00 $9,600.00 $1,769.24 $5,307.72 $2,600.00 $7,800.00 $2,500.00 $7,500.00 $2,500.00 $7,500.00 20 3 EA 10' Recessed Inlet Box $4,000.00 $12,000.00 $3,639.73 $10,919.19 $3,200.00 $9,600.00 $4,200.00 $12,600.00 $4,000.00 $12,000.00 21 7 EA 5' Recessed Inlet Box $3,200.00 $22,400.00 $3,639.73 $25,478.11 $2,900.00 $20,300.00 $3,300.00 $23,100.00 $3,000.00 $21,000.00 22 5 EA Connect to Existing Storm System $1,100.00 $5,500.00 $855.10 $4,275.50 $760.00 $3,800.00 $1,600.00 $8,000.00 $1,000.00 $5,000.00 Subtotal $544,581.75 $147,270.00 SREET IMPROVEMENTS $571,118.50 $683,101.10 DRAINAGE IMPROVEMENTS $159,650.00 $113,943.91 Brazos Paving, Inc.Dudley Construction Ltd.Larry Young Paving $132,544.60 $86,348.12 MOBILIZATION $229,000.00 $194,631.30 $274,865.00 $174,372.15 DEMOLITION Knife River Corp. South Glen Fuqua, Inc. $310,000.00 $326,000.00 $127,548.70 $119,573.00 $642,973.50 $523,060.00 $143,390.00 $132,530.00 Page 1 of 477 City of College Station - Purchasing Division Bid Tabulation for #11-17 "Taubner Stasney Rehab" Open Date: Monday, December 6, 2010 @ 2:00 p.m. ITEM QTY UNIT DESCRIPTION UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE Brazos Paving, Inc.Dudley Construction Ltd.Larry Young Paving MOBILIZATION Knife River Corp. South Glen Fuqua, Inc. 23 2738 LF 8"AWWA C909-07,Class 305 PVC Pipe -Structural (includes installation, testing and clean-up)$39.00 $106,782.00 $31.18 $85,370.84 $38.25 $104,728.50 $49.00 $134,162.00 $38.00 $104,044.00 24 30 LF 6"AWWA C909-07,Class 305 PVC Pipe -Structural (includes installation, testing and clean-up)$34.00 $1,020.00 $44.73 $1,341.90 $34.45 $1,033.50 $51.00 $1,530.00 $34.00 $1,020.00 25 40 LF 2" Sch. 40 PVC (includes installation, testing and clean-up)$26.00 $1,040.00 $42.87 $1,714.80 $23.60 $944.00 $51.00 $2,040.00 $25.50 $1,020.00 26 1 EA 8" x 6" D.I. Tee (includes installation and clean-up)$500.00 $500.00 $396.21 $396.21 $440.00 $440.00 $420.00 $420.00 $517.00 $517.00 27 2 EA 8" Gate Valve (includes installation and clean-up)$1,400.00 $2,800.00 $1,281.43 $2,562.86 $1,220.00 $2,440.00 $1,100.00 $2,200.00 $1,350.00 $2,700.00 28 1 EA 6" Gate Valve (includes installation and clean-up)$990.00 $990.00 $975.80 $975.80 $910.00 $910.00 $810.00 $810.00 $980.00 $980.00 29 1 EA 2" Gate Valve (includes installation and clean-up)$575.00 $575.00 $660.35 $660.35 $620.00 $620.00 $560.00 $560.00 $560.00 $560.00 30 12 EA 8" D.I. 45° Bend (includes installation and clean-up)$475.00 $5,700.00 $322.86 $3,874.32 $325.00 $3,900.00 $350.00 $4,200.00 $422.00 $5,064.00 31 1 EA 8" Cap (includes installation and clean-up)$400.00 $400.00 $691.13 $691.13 $170.00 $170.00 $270.00 $270.00 $291.00 $291.00 32 4 EA Fire Hydrant Assembly (includes installation and clean-up)$3,750.00 $15,000.00 $3,352.61 $13,410.44 $3,200.00 $12,800.00 $3,500.00 $14,000.00 $3,570.00 $14,280.00 33 6 EA Connect to Existing water line (includes installation and clean-up)$1,050.00 $6,300.00 $866.03 $5,196.18 $1,000.00 $6,000.00 $1,600.00 $9,600.00 $1,000.00 $6,000.00 34 85 SF Remove/Replace Existing Concrete Pavement $6.50 $552.50 $9.59 $815.15 $6.75 $573.75 $13.00 $1,105.00 $6.00 $510.00 35 20 SF Remove/Replace Existing Stamped Concrete Pavement $23.00 $460.00 $38.36 $767.20 $55.50 $1,110.00 $48.00 $960.00 $22.00 $440.00 36 7 EA 1" Type K Copper Water Service (includes installation and clean-up)$800.00 $5,600.00 $849.88 $5,949.16 $1,000.00 $7,000.00 $770.00 $5,390.00 $746.00 $5,222.00 37 12 EA 1.5" Type K Copper Water Service (includes installation and clean-up)$1,250.00 $15,000.00 $1,162.91 $13,954.92 $1,240.00 $14,880.00 $1,150.00 $13,800.00 $1,178.00 $14,136.00 38 5 EA 2" PVC Water Service (includes installation and clean-up)$535.00 $2,675.00 $1,369.55 $6,847.75 $1,415.00 $7,075.00 $1,030.00 $5,150.00 $523.00 $2,615.00 Subtotal 39 1202 LF 6"ASTM D3034,SDR 26 PVC Pipe (includes pipe,embedment material, installation, testing and clean-up)$31.00 $37,262.00 $16.62 $19,977.24 $21.00 $25,242.00 $49.00 $58,898.00 $30.00 $36,060.00 40 809 LF 5' - 8' Trenching and Backfill - Structural (includes backfill and clean-up)$22.00 $17,798.00 $20.43 $16,527.87 $22.00 $17,798.00 $30.00 $24,270.00 $21.45 $17,353.05 41 393 LF 8' - 10' Trenching and Backfill - Structural (includes backfill and clean-up)$25.00 $9,825.00 $29.35 $11,534.55 $28.50 $11,200.50 $46.00 $18,078.00 $24.64 $9,683.52 42 1202 LF Trench Safety $1.30 $1,562.60 $1.20 $1,442.40 $1.25 $1,502.50 $2.00 $2,404.00 $1.30 $1,562.60 43 13 EA 4'Diameter Manhole (0 -6'ft.deep,includes installation,testing and clean- up)$2,050.00 $26,650.00 $2,182.67 $28,374.71 $1,920.00 $24,960.00 $3,000.00 $39,000.00 $1,980.00 $25,740.00 44 14 VF Additional Depth for 4' Diameter Manhole $120.00 $1,680.00 $91.69 $1,283.66 $225.00 $3,150.00 $60.00 $840.00 $110.00 $1,540.00 45 5 EA Connect to Ex. Sewer Line $750.00 $3,750.00 $425.65 $2,128.25 $850.00 $4,250.00 $1,200.00 $6,000.00 $715.00 $3,575.00 46 418 LF Abandon and Pressure Grout fill Ex. Sewer Line $13.00 $5,434.00 $8.39 $3,507.02 $4.75 $1,985.50 $12.00 $5,016.00 $11.66 $4,873.88 47 160 SF Remove/Replace Existing Concrete Pavement $6.80 $1,088.00 $9.59 $1,534.40 $6.75 $1,080.00 $13.00 $2,080.00 $6.00 $960.00 48 1 LS Remove Existing Vegetation along Sewer Line Route $2,700.00 $2,700.00 $2,084.54 $2,084.54 $14,243.00 $14,243.00 $1,500.00 $1,500.00 $2,600.00 $2,600.00 49 1 LS Sewer Service #1.1 (includes connecting to yard piping and cleanup)$3,400.00 $3,400.00 $1,219.41 $1,219.41 $2,615.00 $2,615.00 $6,400.00 $6,400.00 $3,300.00 $3,300.00 50 1 LS Sewer Service #1.2 (includes connecting to yard piping and cleanup)$2,850.00 $2,850.00 $1,219.41 $1,219.41 $2,600.00 $2,600.00 $6,200.00 $6,200.00 $2,800.00 $2,800.00 51 1 LS Sewer Service #1.3 (includes connecting to yard piping and cleanup)$2,800.00 $2,800.00 $1,219.41 $1,219.41 $2,600.00 $2,600.00 $5,800.00 $5,800.00 $2,740.00 $2,740.00 52 1 LS Sewer Service #2.1 (includes connecting to yard piping and cleanup)$3,975.00 $3,975.00 $1,219.41 $1,219.41 $2,550.00 $2,550.00 $10,200.00 $10,200.00 $3,900.00 $3,900.00 53 1 LS Sewer Service #4.1 (includes connecting to yard piping and cleanup)$2,875.00 $2,875.00 $1,219.41 $1,219.41 $2,640.00 $2,640.00 $3,500.00 $3,500.00 $2,866.00 $2,866.00 54 1 LS Sewer Service #5.1 (includes connecting to yard piping and cleanup)$2,650.00 $2,650.00 $1,361.29 $1,361.29 $2,778.00 $2,778.00 $6,000.00 $6,000.00 $2,500.00 $2,500.00 55 1 LS Sewer Service #5.2 (includes connecting to yard piping and cleanup)$3,450.00 $3,450.00 $1,361.29 $1,361.29 $2,412.00 $2,412.00 $7,200.00 $7,200.00 $3,280.00 $3,280.00 56 1 LS Sewer Service #5.3 (includes connecting to yard piping and cleanup)$2,750.00 $2,750.00 $1,213.46 $1,213.46 $2,640.00 $2,640.00 $6,200.00 $6,200.00 $2,600.00 $2,600.00 Subtotal $164,624.75 $126,246.50 WATER IMPROVEMENTS SEWER IMPROVEMENTS $165,394.50 $144,529.01 $132,499.60 $98,427.73 $196,197.00 $159,399.00 $209,586.00 $127,934.05 Page 2 of 478 City of College Station - Purchasing Division Bid Tabulation for #11-17 "Taubner Stasney Rehab" Open Date: Monday, December 6, 2010 @ 2:00 p.m. ITEM QTY UNIT DESCRIPTION UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE Brazos Paving, Inc.Dudley Construction Ltd.Larry Young Paving MOBILIZATION Knife River Corp. South Glen Fuqua, Inc. 57 28898 SF 5" Conc. Sidewalk Underlayment $4.00 $115,592.00 $4.70 $135,820.60 $3.80 $109,812.40 $3.65 $105,477.70 $5.00 $144,490.00 58 1038 SF 4" Conc. Sidewalk $4.00 $4,152.00 $4.75 $4,930.50 $7.10 $7,369.80 $3.50 $3,633.00 $5.00 $5,190.00 59 27887 SF Brick Pavers w/1" Sand Level Course $5.50 $153,378.50 $6.02 $167,879.74 $3.60 $100,393.20 $5.10 $142,223.70 $5.10 $142,223.70 60 21 EA Sidewalk Ramp $475.00 $9,975.00 $37.10 $779.10 $610.00 $12,810.00 $700.00 $14,700.00 $1,000.00 $21,000.00 Subtotal 61 1 LS Traffic Control Plan (includes installation and maintenance)$31,000.00 $31,000.00 $22,483.68 $22,483.68 $26,500.00 $26,500.00 $40,000.00 $40,000.00 $25,000.00 $25,000.00 62 75 EA 4" Wide White Solid Stripe for Parallel Parking Space Marking $140.00 $10,500.00 $140.55 $10,541.25 $126.65 $9,498.75 $120.00 $9,000.00 $120.00 $9,000.00 63 6 EA Reset Existing Stop Signs $385.00 $2,310.00 $419.56 $2,517.36 $378.00 $2,268.00 $360.00 $2,160.00 $400.00 $2,400.00 Subtotal 64 4 EA Pull Boxes $3,500.00 $14,000.00 $869.09 $3,476.36 $783.00 $3,132.00 $750.00 $3,000.00 $800.00 $3,200.00 65 710 LF 4" PVC Sch. 40 w/ 4-1" Innerducts $27.00 $19,170.00 $26.37 $18,722.70 $23.76 $16,869.60 $23.00 $16,330.00 $24.20 $17,182.00 Subtotal 66 11 EA Pull Boxes (Quazite PG2424)$800.00 $8,800.00 $752.81 $8,280.91 $679.00 $7,469.00 $650.00 $7,150.00 $691.00 $7,601.00 67 2398 LF 2" PVC Sch. 40 PVC $16.00 $38,368.00 $15.58 $37,360.84 $14.05 $33,691.90 $13.50 $32,373.00 $14.30 $34,291.40 Subtotal 68 5 EA Meter Boxes $240.00 $1,200.00 $263.72 $1,318.60 $2,650.00 $13,250.00 $1,300.00 $6,500.00 $220.00 $1,100.00 69 5 EA Controller Assembly (includes irrigation controller, water tap, manual control valve, strainer, double check valve assembly, irrigation control valve)$510.00 $2,550.00 $539.44 $2,697.20 $1,070.00 $5,350.00 $1,200.00 $6,000.00 $1,000.00 $5,000.00 70 5 EA Rain Sensor (includes installation)$85.00 $425.00 $89.91 $449.55 $40.00 $200.00 $105.00 $525.00 $75.00 $375.00 71 815 EA 1" Electrical Conduit w/16 ga. Wire for Rain Sensor $1.15 $937.25 $1.20 $978.00 $1.05 $855.75 $0.65 $529.75 $1.00 $815.00 72 94 EA Irrigation Head (1 gpm bubbler head)$16.50 $1,551.00 $17.98 $1,690.12 $9.75 $916.50 $10.00 $940.00 $15.00 $1,410.00 73 1695 LF 1/2" Sch. 40 PVC inside 3" Sch. 40 PVC Sleeve $3.80 $6,441.00 $4.08 $6,915.60 $14.25 $24,153.75 $0.55 $932.25 $3.40 $5,763.00 74 925 LF 3/4" Sch. 40 PVC inside 3" Sch. 40 PVC Sleeve $3.95 $3,653.75 $4.32 $3,996.00 $14.40 $13,320.00 $1.45 $1,341.25 $3.60 $3,330.00 75 285 LF 1" Sch. 40 PVC inside 3" Sch. 40 PVC Sleeve $4.35 $1,239.75 $4.56 $1,299.60 $14.65 $4,175.25 $2.50 $712.50 $3.80 $1,083.00 76 75 LF 1.25" Sch. 40 PVC inside 3" Sch. 40 PVC Sleeve $4.80 $360.00 $4.79 $359.25 $15.20 $1,140.00 $3.20 $240.00 $4.00 $300.00 77 50 LF 1.5" Sch. 40 PVC inside 3" Sch. 40 PVC Sleeve $5.00 $250.00 $5.03 $251.50 $15.65 $782.50 $3.10 $155.00 $4.20 $210.00 Subtotal 78 1 LS Tree Protection $2,500.00 $2,500.00 $1,198.75 $1,198.75 $9,200.00 $9,200.00 $1,600.00 $1,600.00 $8,000.00 $8,000.00 79 7695 SF Pulverize Existing Pavement, Haul in Top Soil, and Install Grass Seed $0.90 $6,925.50 $0.62 $4,770.90 $3.15 $24,239.25 $1.20 $9,234.00 $0.75 $5,771.25 80 1052 CY Bedding Mix for Street Trees (includes removing existing soil, installing moisture barrier)$48.00 $50,496.00 $45.58 $47,950.16 $26.00 $27,352.00 $31.00 $32,612.00 $55.00 $57,860.00 81 2912 LF 4" PVC Underdrain (includes geotextile fabric wrap, installation, and cleanup)$7.25 $21,112.00 $7.41 $21,577.92 $14.00 $40,768.00 $13.00 $37,856.00 $15.00 $43,680.00 82 94 EA Tree Grate (inlcudes frame, installation)$1,090.00 $102,460.00 $1,224.52 $115,104.88 $1,356.00 $127,464.00 $885.00 $83,190.00 $1,550.00 $145,700.00 83 94 EA 3" Caliper Cedar Elm Tree $340.00 $31,960.00 $306.06 $28,769.64 $308.00 $28,952.00 $300.00 $28,200.00 $450.00 $42,300.00 84 53 EA Bench $1,400.00 $74,200.00 $1,275.55 $67,604.15 $1,335.00 $70,755.00 $1,100.00 $58,300.00 $1,200.00 $63,600.00 85 207 LF 18" Height Concrete Retaining Wall $28.00 $5,796.00 $17.37 $3,595.59 $21.70 $4,491.90 $16.00 $3,312.00 $28.00 $5,796.00 87 1 EA Emergency Phone (includes installation and phone/electrical conduits)$13,500.00 $13,500.00 $8,990.60 $8,990.60 $11,340.00 $11,340.00 $10,500.00 $10,500.00 $4,500.00 $4,500.00 Subtotal $344,562.15 $230,385.40 MISELLANEOUS IMPROVEMENTS $308,949.50 $299,562.59 SIDEWALK IMPROVEMENTS $43,810.00 $35,542.29 $38,266.75 FIBER OPTIC IMPROVEMENTS $33,170.00 $22,199.06 $20,001.60 TRAFFIC STRIPING AND MARKINGS $283,097.50 $309,409.94 $266,034.40 $18,607.75 $19,955.42 $64,143.75 FUTURE PARKING SYSTEM IMPROVEMENTS $47,168.00 $45,641.75 $41,160.90 IRRIGATION IMPROVEMENTS $39,523.00 $41,892.40 $17,875.75 $19,386.00 $264,804.00 $377,207.25 $312,903.70 $51,160.00 $36,400.00 $19,330.00 $20,382.00 Page 3 of 479 City of College Station - Purchasing Division Bid Tabulation for #11-17 "Taubner Stasney Rehab" Open Date: Monday, December 6, 2010 @ 2:00 p.m. ITEM QTY UNIT DESCRIPTION UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE Brazos Paving, Inc.Dudley Construction Ltd.Larry Young Paving MOBILIZATION Knife River Corp. South Glen Fuqua, Inc. 1A 295 LF Pipe Bursting of Existing 6"S/L to 8"S/L from Church Avenue to University Drive $280.00 $82,600.00 $233.76 $68,959.20 $79.20 $23,364.00 $79.00 $23,305.00 $260.00 $76,700.00 Subtotal Alternate 1 2A 321 EA Pipe Bursting of Existing 6"S/L to 8"S/L from Cherry Street to Aggie Inns Apartments $280.00 $89,880.00 $233.76 $75,036.96 $79.20 $25,423.20 $79.00 $25,359.00 $260.00 $83,460.00 Subtotal Alternate 2 87 14 EA CSM52-3: Consists of Labor necessary to install one (1) pole identification unit. Material to be supplied by City. See Unit Drawing for installation guide.$30.50 $427.00 $29.97 $419.58 $27.00 $378.00 $26.00 $364.00 $27.50 $385.00 88 6 EA CSUM6-6: Consists of Labor and Materials necessary to install one (1) 5/8" x 8', copper clad ground rod, complete with suitable clamp. See Unit Drawing for installation guide.$70.40 $422.40 $11.59 $69.54 $62.65 $375.90 $60.00 $360.00 $64.00 $384.00 89 14 EA DL-CF-A: Consists of Labor and Materials necessary to install one (1) streetlight foundation. See Unit Drawing for installation guide. $605.00 $8,470.00 $42.81 $599.34 $540.00 $7,560.00 $510.00 $7,140.00 $550.00 $7,700.00 90 14 EA DSL-14: Consists of Labor and Materials necessary to install one (1) 14' decorative streetlight. Bronze streetlight fixture to be HADCO #R33BAEE1HGRD100HE with 100 Watt Metal Halide bulb Eye Brand Catalog #EYEMF100X/U/MED and a photocell. 14' Bronze streetlight pole to be HADCO #P1791-14H. Use RAYCHEM connectors #GELCAP-CCS- SL-2/0 0 and HOMAC Flood Seal Fuse Holder #SLK-M with BUSS Fuse #FNM-20. Note: The City will supply the photocell only.$3,145.00 $44,030.00 $222.37 $3,113.18 $2,805.00 $39,270.00 $2,650.00 $37,100.00 $2,860.00 $40,040.00 n/a n/a LF Trench Detail "?": Consists of Labor and Materials necessary to install one (1) lineal foot of trenching in soil, measured parallel to the surface of the ground, including the excavation, backfilling and compacting. This unit includes all materials and labor required in the repair and/or replacement of streets, roads, drives, fences, lawns, shrubbery, water mains, pipes, pipelines, and contents, underground power and telephone facilities, buried sewage and drainage facilities and any other property damaged by the trenching, except as specifically provided for in other units. This unit does not include underground cable or conduit facilities installed in the trench, when required. Caution tape is to be installed one (1) foot below ground level, and the last six (6) inches of trench backfill, plus 4-6" of mounding backfill for settling allowance, shall be sandy loam topsoil. See MEI-6532 for number and size of conduits which will be installed in the trench. "?" designates type of trench visually described on drawing.n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a 91 1640 LF Trench Detail "A": See above description.$27.50 $45,100.00 $26.97 $44,230.80 $24.30 $39,852.00 $23.00 $37,720.00 $24.75 $40,590.00 92 280 LF Trench Detail "C": See above description.$44.50 $12,460.00 $43.99 $12,317.20 $39.60 $11,088.00 $37.00 $10,360.00 $40.37 $11,303.60 93 45 LF Trench Detail "D": See above description.$53.50 $2,407.50 $52.74 $2,373.30 $47.50 $2,137.50 $45.00 $2,025.00 $48.40 $2,178.00 94 645 LF Trench Detail "E": See above description.$50.00 $32,250.00 $48.91 $31,546.95 $44.07 $28,425.15 $42.00 $27,090.00 $44.88 $28,947.60 95 205 LF Trench Detail "F": See above description.$58.00 $11,890.00 $57.54 $11,795.70 $51.85 $10,629.25 $50.00 $10,250.00 $52.80 $10,824.00 96 75 LF Trench Detail "G": See above description.$78.00 $5,850.00 $76.62 $5,746.50 $69.00 $5,175.00 $65.00 $4,875.00 $70.31 $5,273.25 97 750 LF Trench Detail "H": See above description.$61.00 $45,750.00 $60.49 $45,367.50 $54.50 $40,875.00 $52.00 $39,000.00 $55.51 $41,632.50 98 20 LF Trench Detail "J": See above description.$63.50 $1,270.00 $62.81 $1,256.20 $56.60 $1,132.00 $54.00 $1,080.00 $57.64 $1,152.80 99 195 LF Trench Detail "K": See above description.$58.00 $11,310.00 $57.54 $11,220.30 $51.85 $10,110.75 $49.00 $9,555.00 $53.00 $10,335.00 100 415 LF Trench Detail "L": See above description.$45.70 $18,965.50 $45.31 $18,803.65 $40.85 $16,952.75 $39.00 $16,185.00 $41.60 $17,264.00 101 350 LF UD#12-2 Cu: Consists of Labor and Materials necessary to install one (1) lineal foot of two (2) runs of #12 THWN Copper wire in conduit. Wire to be installed in Streetlight Poles.$2.20 $770.00 $2.11 $738.50 $1.90 $665.00 $1.80 $630.00 $1.94 $679.00 102 2955 LF UD# 6-2 Cu: Consists of Labor and Materials necessary to install one (1) lineal foot of two (2) runs of #6 THWN Copper wire in conduit.$3.45 $10,194.75 $3.36 $9,928.80 $3.02 $8,924.10 $2.90 $8,569.50 $3.08 $9,101.40 103 3 EA UM-MH (5'x7'x7'): Consists of Labor and Materials necessary to install one (1) 5'L x 7'W x 7'D (interior dimensions) quickset manhole. See Unit Drawing for installation guide (if necessary).$15,000.00 $45,000.00 $15,135.37 $45,406.11 $13,637.00 $40,911.00 $13,000.00 $39,000.00 $13,889.00 $41,667.00 104 2575 LF UM50-P-1: Consists of Labor and Materials necessary to install one (1) lineal foot of one (1) one (1) inch, electrical grade schedule 40 PVC conduit, installed in place in a trench. This unit includes all PVC fittings, PVC 90 degree long sweep conduit elbows, connection materials, etc. required for installation of the conduit. This unit also includes the installation of a flat $1.25 $3,218.75 $1.20 $3,090.00 $1.08 $2,781.00 $1.00 $2,575.00 $1.10 $2,832.50 105 7225 LF UM50-P-4: Consists of Labor and Materials necessary to install one (1) lineal foot of one (1) four (4) inch, electrical grade schedule 40 PVC conduit, installed in place in a trench. This unit includes all PVC fittings, PVC 90 degree long sweep conduit elbows, connection materials, etc. required for installation of the conduit. This unit also includes the $4.00 $28,900.00 $3.93 $28,394.25 $3.45 $24,926.25 $3.40 $24,565.00 $3.61 $26,082.25 106 4545 LF UM50-P-6: Consists of Labor and Materials necessary to install one (1) lineal foot of one (1) six (6) inch, electrical grade schedule 40 PVC conduit, installed in place in a trench. This unit includes all PVC fittings, PVC 90 degree long sweep conduit elbows, connection materials, etc. required for installation of the conduit. This unit also includes the installation of a flat $7.65 $34,769.25 $7.43 $33,769.35 $6.70 $30,451.50 $6.30 $28,633.50 $6.82 $30,996.90 Subtotal Total Base Bid Alternate 1 Alernate 2 Total Including Alternates Bid Certification Bid Bond Addendums Acknowledged $322,620.15 $23,364.00 $25,423.20 ALTERNATE 1 $82,600.00 $68,959.20 ALTERNATE 2 $89,880.00 $75,036.96 ELECTRICAL IMPROVEMENTS $82,600.00 $89,880.00 $68,959.20 $75,036.96 $23,364.00 $2,507,475.13$2,660,945.10 $25,423.20 $23,305.00 $25,359.00 $23,305.00 $76,700.00 $25,359.00 $83,460.00 $307,077.00 $329,368.80$363,455.15 $310,186.75 $2,488,465.10 $2,363,478.97 $2,493,100.85 $2,595,499.35 $2,526,036.20 $76,700.00       $2,686,196.20$2,644,163.35$2,541,888.05     $83,460.00     Page 4 of 480 81 82 January 13, 2011 Consent Agenda Item No. 2n Rock Prairie Road West Right of Way Analysis Professional Services Contract Change Order Project Number ST1025 To: Glenn Brown, City Manager From: Chuck Gilman, P.E., Director of Public Works Agenda Caption: Presentation, possible action and discussion for a change order to Professional Services Contract 10-126 with Kimley-Horn and Associates, Inc. for an increase in the amount of $3,750.00 for the Rock Prairie Road West Right of Way (ROW) Analysis. Relationship to Strategic Goals: Goal IV, Improving Multimodal Transportation. Recommendation(s): Staff recommends approval of this Change Order. Summary: Included in the 2008 Bond Election is a project to acquire additional right-of- way along Rock Prairie Road west of State Highway 6. The intent is to secure the right-of- way needed for additional travel lanes along Rock Prairie, so that in the future when TxDOT expands the grade separation at State Highway 6 and Rock Prairie Road, the City will be prepared to design and construct the necessary improvements along Rock Prairie Road to complement the new grade separation and improve traffic flow along the Rock Prairie Road corridor. The purpose of this project is to analyze current and future traffic conditions along Rock Prairie Road in the area generally bounded by Normand Drive (west boundary), Ponderosa Road (north boundary), Stonebrook Drive (east boundary), and Graham Road (south boundary). The original scope of work included an update to the existing transportation model to include the Barron Road grade separation and new development in south College Station that may impact traffic patterns. The updated model will then be used to determine the number of travel lanes needed along Rock Prairie Road west of State Highway 6 to handle the anticipated traffic. Staff is now requesting that the consultant update the model to include traffic data from the new Scott & White development, and run additional analysis to determine specifically when traffic conditions at this intersection will reach a Level of Service D. This additional effort is a change to the original scope for work and requires a change order. Budget & Financial Summary: Change Order No. 1 will increase the contract amount by $3,750.00 for a revised contract total of $42,750.00. $740,000 is budgeted for this project in the Streets Capital Improvement Projects Fund. A total of $42,164 has been expended or committed to date, leaving a balance of $697,836 for this change order and future expenses. Attachments: 1. Location map 2. Change Order 83 S H 6 ROCK PRAIRIEL ONGMI RE F R O N T A G E 6PONDEROSADALLISBIRMINGHAMBAHIA GRAHAMWIL D R Y EADRIENNE BLU ESTE M C O A S T A L O F F R A MP 6NORMANDJENNIFERL O D G EP O LE T R E E H O U S E PINONO N R A M P 6 E A R L R U D D E R LO N G LE AF TEXAS-FRONTAGEOLD ROCK PRAIRIERESCUEBUTTERCUPBERMUDAGRAMMAS H 6 O N RA M P 6 F R O N T A G E 6OF F RA MP 6 LO N GLEAF LONGMIRE DRS H 6 S F R O N T A G E 6 R D E PONDEROSA DRF R O N T A G E 6 R D W BIRMINGHAM RDROCK PRAIRIE RDO F F R A MP 6 S D A L LI S D R GRAHAM RDB A H I A D R WILDRYE DRADRIENNE DRCOASTAL DR N O R M A N D D R BLU ESTE M D R S H 6 S 1 inch = 500 feet Rock Prairie Road WestProject Area ¹ Legend Area of Interest 84 85 January 13, 2011 Consent Agenda Item No. 2o Memorandum of Understanding Texas Department of Transportation & City of College Station To: Glenn Brown, City Manager From: Chuck Gilman, P.E., Director of Public Works Agenda Caption: Presentation, possible action and discussion on a resolution for a Memorandum of Understanding (MOU) between the City of College Station and the Texas Department of Transportation (TxDOT) adopting TxDOT’s federally-approved Disadvantaged Business Enterprise Program (DBE) for projects that receive federal funds. Relationship to Strategic Goals: Goal IV, Improving Multi-Modal Transportation. Recommendation(s): Staff recommends approval of this resolution. Summary: The City Council is being asked to consider a resolution for a MOU with TxDOT, for any construction project that is funded either partially or completely with federal funds. As a sub-recipient of federal funds, TxDOT requires the City to implement a federally-approved Disadvantaged Business Enterprise (DBE). TxDOT requires the City to adopt DBE Program Guidelines, or as an alternative, the City can adopt the TxDOT Program that is already federally-approved. This MOU would allow the City to utilize TxDOT’s DBE Program on all transportation or multimodal projects that are federally funded through the State. If adopted the City would have DBE goals set by the State on any construction project that is partially or completely funded with federal dollars. Currently, the City has only one project nearing construction that is federally funded. Attachments: 1.) Memorandum of Understanding including attachments – On file in the City Secretary’s Office. 2.) Resolution 86 87 January 13, 2011 Consent Agenda Item No. 2p Groundwater Well No. 8 Construction Contract Change Order Project Number WF1097966 To: Glenn Brown, City Manager From: Chuck Gilman, P.E., Director of Public Works Agenda Caption: Presentation, possible action, and discussion regarding a change order to decrease Construction Contract 09-267 by $58,250. This contract between Alsay, Inc. and the City of College Station is for the construction of groundwater well number 8. Relationship to Strategic Goals: Goal I, Financially Sustainable City Providing Response to Core Services and Infrastructure. Recommendation(s): Staff recommends approval of this change order. Summary: This project includes the construction and full development of groundwater well number 8, including the pump, motor, discharge piping and controls. The construction work is substantially complete, and this change order is necessary to close out the construction contract. This change order will make the final adjustments to the quantities included in the bid form to reflect the work actually completed and/or equipment installed. Secondly, we are assessing a penalty for late completion of this project. Item 7 is for execution of Paragraph 23 of the City of College Station Standard Form of Construction Agreement assessing Liquidated Damages for each calendar day the project is not completed after the agreed upon substantial completion date. This project was deemed substantially complete 173 days after the agreed upon date included in the construction contract. Finally, there is one additional item to add to the contract, item 8 is to compensate the contractor for disinfecting the existing Well 8 Collection Line prior to adding Well No. 8 to the City’s production system. Budget & Financial Summary: Change Order No. 3 will decrease the contract amount by $58,250 for a revised contract total of $2,270,250. The current budget for this project is $3,207,954. Funds in the amount of $2,882,813 have been expended or committed to date. Project budget not expended will be reprogrammed to future Water CIP projects. Attachments: 1.) Project Location Map 2.) Change Order 88 89 90 January 13, 2011 Consent Agenda Item No. 2q Barron Road Temporary Speed Limit Reduction To: Glenn Brown, City Manager From: Chuck Gilman, P.E., Director of Public Works Agenda Caption: Presentation, possible action, and discussion on an ordinance temporarily amending Chapter 10, Section 3E (2)(i)(29), of the College Station Code of Ordinances by changing the posted speed limit on the section of Barron Road between Decatur Drive and William D. Fitch Parkway (SH 40) to 35 mph for the duration of City’s construction project of Barron Road. Recommendation(s): Staff recommends approval of the ordinance amendment. Summary: The City is widening Barron Road between Decatur Drive and William D. Fitch Parkway (SH 40) from a two-lane roadway to a four-lane facility with a raised median. To improve safety of the construction crews in the area, a temporarily speed limit reduction from 45 mph to 35 mph is recommended. The construction speed zone is temporary, and becomes effective 10 days from the date of passage of the ordinance. The construction speed zone will expire after construction is complete. Budget & Financial Summary: No additional costs are anticipated. Attachments: 1. Location Map 2. Ordinance 91 Barron Road Widening Phase 2 S H 4 0 / W I L L I A M D F I T C H P K W Y VIC T O RIA A V EGRAHAM RDL O N G M IR E D R D E C A T U R D R VICTORIA AVEBARRON RDEAGLE AVEA L E X A N D RIA A V E HOFBURG DRN E W P O R T L N R E N E E L N A L E X A N D RIA A V E W E S T FIE L D D R R E A T T A L N CARDINAL LNP O M E L D R PASSENDALE LNMARKHAM LNSTARLING DR LIE N Z L N SOUTHERN PLANTATION DRSKYLINE CTS P RIN G FIE L D D R KERNSTOWN LND O V E H O L L O W L N CHESAPEAKE LNBARCHETTA DRL A TIN N E L N DELREY DRLADOVE DRS T O N Y C R E E K L N H A LIF A X D RREMINGTON CTB A R R O N C U T- O F F R DROBELMONT DRS P R I N G MI S T D RCRESTED POINT DRBIT T E R N D RM ARKHAM CTNIG H T R AIN D R BAYWOOD LNT O U R N A Y L N W IN D M E A D O W S D R FRONT ROYAL DRCARLISLE CTMULLINS CTFIELDSTONE PLACE SCOFFIELD DRBRACEY CTTYLER CTSILVE R OAK DRIVE BAYWOOD CTT R A N Q UIL P A T H D R PAMPLIN CTMULLINS LOOP SBECKLEY CTBROUGHAM PLHARRISONBURG LNMALLORY CTCOEBURN CTL A TIN N E C T F AIM E S C T S A N T O U R C T S N O W D A N C E C T P AR R OT CV SPARTANBURG CTSAN MAR DRCREEKSIDE CIRP O M E L CIR SPRING MIST DRFLOWER MOUND DRA L E X A N D RIA A V E 92 93 94 January 13, 2011 Consent Agenda Item No 2r Annual Purchase of Auto Parts, Shop Equipment and Services To: Glenn Brown, City Manager From: Jeff Kersten, Chief Financial Officer Agenda Caption: Presentation, possible action, and discussion on approving an annual blanket purchase order for the purchase of auto parts, shop equipment and services from NAPA Auto Parts (College Station, TX) through the Purchasing Solutions Alliance (PSA) contract for the amount of $110,000.00. Relationship to Strategic Goals: Goal I.1. Spending taxpayer money efficiently Recommendation(s): Staff recommends approval of an annual blanket purchase order to purchase various auto parts, shop equipment and related services from NAPA Auto Parts through the Purchasing Solutions Alliance (PSA) contract (#09-102). The estimated annual expenditure of $110,000.00 is based on the average amount spent on automotive and truck parts since January 2010 and the anticipated needs for new vehicles being added to inventory this fiscal year. Summary: NAPA Auto Parts is the local (College Station, TX) PSA contract dealer for auto parts, shop equipment and services. PSA is a purchasing cooperative for public agencies. All products and services available for purchase through PSA contracts have been competitively bid and awarded and satisfy any State law requirements relating to competitive bids or proposals. This agreement is for a one-year term beginning January 15, 2011 through January 14, 2012 with three (3) renewal options available thereafter. Budget & Financial Summary: Purchases of auto parts are made through an inventory account as budgeted and available in the Fleet Maintenance Funds. Charges are made to the various departments for vehicle maintenance based on the average annual cost for each piece of equipment. Attachments: Summary of PSA Contract #09-102 95 3991 East 29th St. • Bryan, Texas 77802 • Phone: 979.595.2801, Ext. 2034 • www.psabuy.org PSA Contract No. 09-102 Auto Parts, Shop Equipment and Services Vendor POC: NAPA Auto Parts Tom Parlow, President 2144 Harvey Mitchell Parkway South College Station, Texas 77845 Phone: 979-696-6272 Toll free: 877-661-6272 Email: tom@napatexas.com Contract Term: 12.14.2009 through 12.13.2011. Three - 1 year Extensions Available. Delivery: 1. F.O.B. to customer’s destination, full freight allowed. Deliveries within 10 miles of a NAPA facility are made within 1 hour of the time order is received and during normal business hours for in-stock parts. For customers who are more than 10 miles from a NAPA facility but less than 30 miles, receive same day delivery on in-stock parts. Or 2. F.O.B. to customer’s destination, full freight allowed. Deliveries greater than 30 miles are shipped via UPS ground or other Common Carrier. Orders less than $300 will be charged actual UPS or Common Carrier freight cost. Or 3. Freight costs will be applied to parts/equipment that are not stocked within NAPA local stores and have to be assigned to one of NAPA’s distribution centers. Pricing: Discount from NAPA’s Nationally Published Electronic Internet Price List. Ordering: PSA Members may place orders via phone, fax, email or through the NAPA online ordering system. PSA Members are granted access to this site by contacting the NAPA representative listed above. Returns: Any NAPA product that is new and in sellable condition can be returned at anytime without any restocking fees. Items that are used and found to be unsatisfactory to an End User for any reason are returnable during the manufactures warranty period for a free replacement. 96 January 13, 2011 Consent Agenda Item No. 2s Reimbursement Resolution for Fire Department Vehicle Purchase To: Glenn Brown, City Manager From: Jeff Kersten, Chief Financial Officer Agenda Caption: Presentation, possible action, and discussion regarding approval of a resolution declaring intention to reimburse certain expenditures with proceeds from debt for the purchase of Fire Department vehicles. Recommendation(s): Staff recommends approval of the resolution declaring intention to reimburse certain expenditures with proceeds from debt. Summary: As part of the FY11 budget approval process, and in accordance with the vehicle replacement policy, Council approved the purchase of four Fire Department vehicles. These vehicles include: · One fire engine replacement · One ladder truck replacement · One new engine for Fire Station #6 · One new ambulance for Fire Station #6 Long term debt will be used to fund a portion of the cost of three of these vehicles. The vehicles will be purchased through the BuyBoard. A purchase order for three of the four vehicles will be issued following approval by Council of this resolution. Long term debt will be used to fund a portion of the cost of two of the vehicles included on the PO. The third vehicle included on the PO will be paid for with funds set aside in the Equipment Replacement Fund. Long term debt will also be used to fund a fourth vehicle that will be ordered at a later date. On purchases for which the expenditures will occur prior to the debt issue, a resolution declaring intention to reimburse certain expenditures with proceeds from debt must be adopted within 60 days of expenditure. As the estimated production time for these vehicles is 10-12 months, it is likely that the debt will have been issued prior to the expenditure. This resolution is being brought forward in the event the debt issue is delayed or production is quicker than anticipated. Budget & Financial Summary: The “Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt” is necessary for this item because the long term debt has not been issued for the purchase of these vehicles. This debt is scheduled to be issued later this fiscal year. Attachments: 1. Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt 97 98 99 100 January 13, 2011 Consent Agenda Item No. 2t Annual Price Agreement for Auto and Truck Tires To: Glenn Brown, City Manager From: Jeff Kersten, Chief Financial Officer Agenda Caption: Presentation, possible action, and discussion on approving annual tire purchases from Pilger’s Tire & Auto Center through the State of Texas (TXMAS) Tire Contract in the amount of $135,000.00. Relationship to Strategic Goals: Goal I.1. Spending taxpayer money efficiently Recommendation(s): Staff recommends approval to purchase auto and truck tires from Pilger’s Tire & Auto Center through the Texas Multiple Awards Schedule (TXMAS) Contract (#TXMAS-7-26120-40). The estimated annual expenditure of $135,000.00 is based on the average amount spent on auto and truck tires since January 2010 and the anticipated needs for new vehicles being added to inventory this fiscal year. Summary: Pilger’s Tire & Auto Center is the local (College Station, TX) TXMAS contract dealer for auto and truck tires. TXMAS contracts are developed from contracts that have been competitively bid and awarded by the federal government or any other governmental entity of any state. The contracts offer access to multiple vendors providing commodities and services at the most favored customer prices. Texas Government Code §2155.504, Use of Schedule by Government Entities, states that a State agency or local government may purchase goods or services directly from a vendor under a contract listed on a schedule developed under this subchapter. A purchase authorized by this section satisfies any requirement of State law relating to competitive bids or proposals. This agreement is for a one-year term beginning February 1, 2011 through January 31, 2012. Budget & Financial Summary: Funds are available and budgeted in the Fleet Maintenance fund which is funded by all other departments. Attachments: Summary of TXMAS Contract #7-261020-40 101 PILGER'S TIRE & AUTO CENTER Contract TXMAS-7-261020-40 Dealer for: BRIDGESTONE FIRESTONE N.A. TIRE, LLC On-Line Catalog/Order Processing TIRES, PNEUMATIC (NEW), FOR PASSENGER, LIGHT TRUCK, MEDIUM TRUCK, AND BUS, AND RETREAD SERVICES Effective Date: This Texas Multiple Award Schedule (TXMAS) contract is effective beginning 1/19/2007 through 12/20/2011 and is automatically renewed on the date that the General Services Administration (GSA) exercises the renewal option. All State of Texas terms and conditions will continue and apply to all renewal periods by mutual agreement. The contractor has certified that the prices reflected in the contractor's catalog are the same as the prices contained in the most current modification to GSA Contract No. GS-30F-0009T. Placement of Orders: Purchasing entities must use both the instructions on the contractor's web page and the terms and conditions in the federal supply schedule to place orders. Purchasing entities may use a either a departmental purchase order or the contractor's on-line ordering system to place orders. Corporate Office: BRIDGESTONE FIRESTONE N.A. TIRE, LLC 535 MARRIOTT DRIVE NASHVILLE TN 37214 USA Send PO to: PILGER'S TIRE & AUTO CENTER 400 E. UNIVERSITY DRIVE COLLEGE STATION TX 77840 USA Vendor ID: 17418726752 Invoice From: PILGER'S TIRE & AUTO CENTER 400 E. UNIVERSITY DRIVE COLLEGE STATION TX 77840 USA Vendor ID: Delivery: 30 DAYS ARO FOB Point: DESTINATION Terms: NET 30 DAYS Remit To: PILGER'S TIRE & AUTO CENTER 400 E. UNIVERSITY DRIVE COLLEGE STATION TX 77840 USA Vendor ID: Vendor ID: 17418726752 Business Type:Small DUNS #: Effective: Expires: 1/19/2007 12/20/2011 CONTACT: WILLIE HESS Phone 979-696-1729 WILLIE@PILGERSTIRE.COM Page 1 of 2PILGER'S TIRE & AUTO CENTER - TXMAS Contract TXMAS-7-261020-40 12/1/2010http://portal.cpa.state.tx.us/txmas/txmasb.asp?CONTRACT=12420&DEALER=40 102 Purchasing entities may opt out of using the contractor's on-line ordering system if it is incompatible with the entity's purchasing procedures. The contractor is not required to accept orders below the minimum listed below. Orders between the minimum and maximum listed below are subject to GSA preferred customer pricing. For orders above the maximum, purchasing entities are entitled to negotiate for lower prices than those listed on the on-line federal supply schedule price list. Order Limitation: Minimum Order: 1 TIRE Maximum Order: N/A Approved Products/Services: Only products or services listed in the CPA approved GSA contract may be purchased from this TXMAS contract, with one exception. Incidental, off-schedule items may be purchased as "best value, open market" items provided that they are necessary for product integration or product completeness. The purchasing entity is responsible for ensuring that the quoted price for such incidental items is fair and reasonable. These incidental items may be added to the TXMAS purchase order if they are clearly labeled as "open market (OM), best value" items. State Contracts: All Texas Council for Purchasing from People with Disabilities contracts and Texas Correctional Industries (TCI) term contracts take precedence over this TXMAS contract. If similar products or services are listed on this TXMAS contract and a CPA term contract, a determination should be made that will result in a best value purchase. Payment Due Date: Payment will be due on the thirtieth (30) calendar day after the later of: (a) the date the State actually receives a proper invoice at the office designated in the applicable purchase order to receive it; or (b) the date the State accepts the products or services. The post mark date on the envelope for the State warrant (State's equivalent to a check) or banking information showing when a direct deposit transaction was received will be considered the date payment is made. Interest starts accruing on the first day that payment is late. The rate of interest for late payments is set at one percent per month. Special Note: The State of Texas, including but not limited to its Agencies, cooperative purchasing members and any local governmental entity authorized by law to use the Texas Multiple Award Schedule method for purchasing is not obligated to procure any products or services from this TXMAS contract. This schedule contract shall not be construed to prevent the State from purchasing products or services using other procurement methods as authorized by law. Page 2 of 2PILGER'S TIRE & AUTO CENTER - TXMAS Contract TXMAS-7-261020-40 12/1/2010http://portal.cpa.state.tx.us/txmas/txmasb.asp?CONTRACT=12420&DEALER=40 103 January 13, 2011 Consent Agenda Item No. 2u Annual for Wire and Cable To: Glenn Brown, City Manager From: Jeff Kersten, Chief Financial Officer Agenda Caption: Presentation, possible action, and discussion on a bid award for the annual agreement for wire and cable to be stored in inventory as follows: Techline $628,385.00; KBS $58,950.00; and Wesco $5,580.00. Total estimated annual expenditure is $692,915.00. Relationship to Strategic Goals: Goal I.1. Spending taxpayer money efficiently Recommendation(s): Recommend award to the lowest responsible bidder meeting specifications as shown below. I. Techline $628,385.00 II. KBS $ 58,950.00 III. Wesco $ 5,580.00 Summary: These purchases will be made as needed during the term of the agreement. The various electric wire and cable are maintained in Electrical Inventory in an inventory account and expensed as necessary during the agreement period. The purchasing agreement period shall be for one (1) year with the option to renew for two additional one year terms. Budget & Financial Summary: Nine (9) sealed, competitive bids were received and opened on December 1, 2010. Two of the vendors did not provide adequate information to evaluate their bids. Funds are budgeted and available in the Electrical Fund. Various projects may be expensed as supplies are pulled from inventory and issued. Attachments: Bid Tabulation No. 11-15 104 City of College Station - Purchasing Division Bid Tabulation for #11-15 "Annual Wire and Cable" Open Date: Wednesday, December 1, @ 2:00 p.m. Item 1 URD Distribution Cable 1000 MCM, 90 Degree C Qty unit price total price unit price total price unit price total price unit price total price unit price total price unit price total price unit price total price unit price total price unit price total price Inventory #280-080-00001 100,000 2.05$ 205,000.00$ 2.24$ 224,000.00$ 2.81$ 281,000.00$ 2.39$ 239,000.00$ 2.39$ 239,000.00$ 2.30$ 230,000.00$ 2.40$ 240,000.00$ 1.97$ 197,000.00$ 2.32$ 232,000.00$ Manufacturer Delivery Metals Week (date) AL/ft 0.1079 0.109 0.112 0.11 0.343 Incomplete Incomplete Incomplete CU/ft 0.7997 0.816 0.818 0.815 1.195 Incomplete Incomplete Incomplete Material & Profit 1.1424 1.31 1.46 1.465 0.762 Incomplete Incomplete Incomplete Total Unit Price 2.05$ 2.24$ 2.39$ 2.39 2.30 Incomplete Incomplete Incomplete Item 2 URD Distribution Cable 1000 MCM, 105 Degree C 50,000 7.50$ 375,000.00$ $ 9.70 485,000.00$ 10.82$ 541,000.00$ 7.80$ 390,000.00$ 7.88$ 394,000.00$ -$ 7.95$ 397,500.00$ 7.46$ 373,000.00$ -$ Invetory #280-080-00016 No bid No bid Manufacturer Delivery Metals Week (date)Incomplete AL/ft 1.027 1.059 1.054 1.053 Incomplete Incomplete CU/ft 2.613 2.528 2.585 2.58 Incomplete Incomplete Material & Profit 3.86 6.113 4.161 4.279 Incomplete Incomplete Total Unit Price 7.50$ 9.70$ 7.80$ 7.9120$ -$ Incomplete Incomplete Item 3 URD Triplex Cable , 2/0 AWG 40,000 0.91$ 36,400.00$ 0.93$ 37,200.00$ 0.99 39,600.00$ 0.993 39,720.00$ 0.95 38,000.00$ 1 40,000.00$ -$ 0.96 38,400.00$ 280-080-00002 no bid No bid Manufacturer Delivery Metals Week (date)Incomplete AL/ft 0.3578 0.362 0.3723 0.37 0.362 ?Incomplete CU/ft 0 0 0 0 0 ?Incomplete Material & Profit 0.552 0.568 0.6177 0.623 0.588 ?Incomplete Total Unit Price 0.91$ 0.93$ -$ 0.99 0.993 0.95 ?-$ Incomplete Item 4 URD Single Conductor Service Cable, 350MCM 15,000 0.799 11,985.00$ 2.10 31,500.00$ -$ 0.96 14,400.00$ 0.967 14,505.00$ 2.15 32,250.00$ 0.98 14,700.00$ -$ 2.15 32,250.00$ 280-080-00006 no bid No bid Manufacturer Delivery Metals Week (date)Incomplete AL/ft 0.3581 0.942 0.3687 0.368 0.9418 ?Incomplete CU/ft 0 0 0 0 0 ?Incomplete Material & Profit 0.4409 1.158 0.5913 0.599 1.208 ?Incomplete Total Unit Price 0.799$ 2.100$ -$ 0.96 0.967 2.1498 ?-$ Incomplete Item 5 URD Single Conductor Service Cable, 500 MCM 15,000 1.07 16,050.00$ 1.05 15,750.00$ -$ 1.20 18,000.00$ 1.211 18,165.00$ 1.07 16,050.00$ 1.22 18,300.00$ -$ 1.08 16,200.00$ 280-080-00007 no bid No bid Manufacturer Delivery Metals Week (date)Incomplete AL/ft 0.5116 0.515 0.5267 0.524 0.5143 Incomplete Incomplete CU/ft 0 0 0 0 0 Incomplete Incomplete Material & Profit 0.5584 0.535 0.6733 0.687 0.5557 Incomplete Incomplete Total Unit Price 1.070$ 1.050$ -$ 1.20 1.211 1.07 Incomplete -$ ? Item 6 477 MCM, AAC 60,000 0.79 47,400.00$ 0.72 43,200.00$ -$ 0.79 47,400.00$ 0.795 47,700.00$ 0.74 44,400.00$ 0.8 48,000.00$ -$ 0.74 44,400.00$ 280-058-00017 no bid No bid Manufacturer Delivery Metals Week (date)Incomplete AL/ft 0.5138 0.491 0.5025 0.50 0.49 Incomplete Incomplete CU/ft 0 0 0 0 0 Incomplete Incomplete Material & Profit 0.2762 0.229 0.2875 0.295 0.25 Incomplete Incomplete Total Unit Price 0.790$ 0.72$ 0.79 0.795 0.74 Incomplete ? 0.79 Item 7 #2 Copper, 7 stranded 5,000 1.45 7,250.00$ 1.38 6,900.00$ -$ 1.160 5,800.000$ 1.116 5,580.000$ -$ 1.18 5,900.00$ -$ -$ 280-016-00011 no bid No bid No bid No bid Manufacturer Delivery Metals Week (date) AL/ft 0 0 0 0 Incomplete CU/ft 0.7847 0.785 0.7884 0.788 Incomplete Material & Profit 0.6653 0.595 0.3716 0.328 Incomplete Total Unit Price 1.450$ 1.380$ -$ 1.16 1.116 -$ Incomplete -$ -$ Total Items 1-7 699,085.00$ 843,550.00$ 822,000.00$ 754,200.00$ 758,670.00$ 360,700.00$ 764,400.00$ 570,000.00$ 363,250.00$ PM&N Bid copper & aluminum by the pound HD Supply Bid copper & aluminum by the pound - No basis for implementing the escalation/de-escalation option At time of shipment General Cable Cosmos 6-8 weeks At time of shipmentAt time of shipment Southwire 2-7 SD CU Poly 6 weeks At time of shipment Wesco - Bid 2General Cable 13-14 weeks At time of shipment General Cable Converse Stock-6 weeks At time of shipment General Cable Wesleyan Stock-6 weeks At time of shipment General Cable Emory 8-9 weeks Southwire 500-37 AL 95 MIL 6 weeks At time of shipment Southwire Cosmos 6 weeks October averageStuart C IrbySouthwire I/O-19 AL 15KV 6-8 weeks October average Southwire 2/0 Triplex Converse Stock - 10 weeks 6 weeks At time of shipment Southwire STR AL 95 MKS Stock-6 weeks At time of shipmentWesco - Bid 1Southwire 1/0 19MB AL 15KV 133% EPR 6-8 weeks At time of shipment Southwire 2/0 Str AL 6001 UD 5 weeks 29-Nov-10 Kerite 111F15-31200 11 weeks See note below Southwire Z0007344 6 weeks Copper AMM-Comex Daily Southwire-61 AL 15KV 6-8 weeks October average Southwire 1000-61 AL 6-8 weeks At time of shipment Stock - 6 weeks October average Southwire 350 Rutgers 6 weks October average Southwire 500-37 Emory 6 weeks October average Southwire 477 AAC CosmosGeneral/Cosmos 6-9 weeks Alum MW US Transactions Weekly Alan Wire #27STR Riser 3 weeks Stock - 10 weeks October average Southwire 2-7 Riser Wire 30-Nov-10 Nehring #2Str-TRW-CU 2-3 weeks 30-Nov-10 Kerite 111F15-31200 11 weeks 23-Nov-10 General/Converse 2-3 weeks 30-Nov-10 General/Wesleyan 2-3 weeks 30-Nov-10 General/Emory 6-8 weeks Alum MW US Transactions Weekly Prysmian/Emory 4-6 weeks 30-Nov-10 Alcan/Cosmos 5-7 weeks 30-Nov-10 Alcan/Rutgers 5-7 weeks 30-Nov-10 Kerite 190F15-C3200 11 weeks See note below Prysmian/Converse 2-4 weeksTechlinePrysmian 301438S 30-Nov-10 KBSPriester Mell & NicholsonPrysmian 303673A 30-Nov-10 8-10 weeks 8-10 weeks General Cable/110FA220EFMPESI3RS 6-8 weeks 30-Nov-10 HD Utilities - Bid 1Southwire 61.61.32.01 6 weeks 29-Nov-10 Southwire Converse HS10002 6 weeks Southwire Rutgers HS1000R 6 weeks 29-Nov-10 29-Nov-10 Southwire Emory HS 1000R 6 weeks 29-Nov-10 Southwire Cosmos 8800R 6 weeks 29-Nov-10 Southwire 2CUSOLURiser1000R 6 weeks 29-Nov-10 HD Utilities - Bid 2Okonite 163-23-3072 5 weeks 29-Nov-10 HD Utilities - Bid 3General Cable 6 weeks 29-Nov-10 Okonite 162-23-3099 General Cable Cosmos 8800R 8 weeks General Cable Converse XL1000R 12-14 weeks General Cable Wesleyan HS1000R 12-14 weeks General Cable Emory XLD 1000R 8 weeks 105 January 13, 2011 Consent Agenda Item No. 2v Credit Card Service Fees To: Glenn Brown, City Manager From: Jeff Kersten, Chief Financial Officer Agenda Caption: Presentation, possible action, and discussion to adopt an ordinance allowing the imposition of service fees for credit card payments. Relationship to Strategic Goals: Goal I.2. Those who benefit from services should pay Recommendation(s): None. Summary: Council has requested to be kept informed of the rising cost of credit card fees. The City of College Station has absorbed processing fees since September 2001. As more and more customers pay by credit, debit and other electronic means, our credit card processing fees have increased. This item is intended to make the Council aware of the increased cost of accepting credit cards and discuss opportunities to offset these costs. Budget & Financial Summary: Currently, credit card processing expenses are budgeted in General Fund, Court Technology Fund, Hotel Tax Fund, Northgate Parking Fund and Utility Customer Service Fund. Attachments: 1. Ordinance authorizing the imposition of services fees for credit card payments 106 107 108 January 13, 2011 Consent Agenda Item No. 2w Municipal Court Special Expense Fee To: Glenn Brown, City Manager From: Jeff Kersten, Chief Financial Officer Agenda Caption: Presentation, possible action, and discussion to adopt an ordinance establishing a Special Expense Fee pursuant to Article 45.203(c) of the Texas Code of Criminal Procedures. Relationship to Strategic Goals: Goal I.5. Develop revenue streams independent of the General Fund. Recommendation(s): Staff recommends adoption of the ordinance. Summary: Approval of this ordinance would allow the Municipal Court to assess a Special Expense Fee of $25.00 that may be collected for execution of a warrant for failure to appear or violate a promise to appear. The money collected under this section shall be paid into the municipal treasury for the use and benefit of the City. Budget & Financial Summary: The fee authorized is twenty five dollars ($25.00). The fee would provide an estimated $33,000 annually. Attachments: 1. Ordinance authorizing a Municipal Court Special Expense Fee 109 110 111 January 13, 2011 Consent Agenda Item No. 2x Municipal Court Child Safety Fund To: Glenn Brown, City Manager From: Jeff Kersten, Chief Financial Officer Agenda Caption: Presentation, possible action, and discussion to adopt an ordinance establishing a Child Safety Fund pursuant to Article 102.014 of the Texas Code of Criminal Procedures. Relationship to Strategic Goals: Goal I.5. Develop revenue streams independent of the General Fund. Recommendation(s): Staff recommends adoption of the ordinance. Summary: Approval of this ordinance would allow the Municipal Court to assess and collect a $5.00 fee as a cost of court for every parking violation in addition to any other fines, penalties, or court costs. The money collected must be used for a school crossing guard program. Budget & Financial Summary: The fee authorized is five dollars ($5.00). The fee would provide an estimated $38,000 annually to offset the costs of salaries and benefits for school crossing guards. Any surplus funds can be used for programs to enhance child safety, health, nutrition or enhance public safety and security. Attachments: 1. Ordinance authorizing a Municipal Court Child Safety Fund 112 113 114 January 13, 2011 Regular Agenda Item No. 1 College Station Bike Loop Completion Final Design and Pre-bid Presentation To: Glenn Brown, City Manager From: Chuck Gilman, P.E., Director of Public Works Agenda Caption: Public Hearing, presentation, possible action and discussion concerning approval to publicly bid the final phase of the College Station Bike Loop Project. Recommendation(s): Staff recommends proceeding with advertisement for the construction bid. Summary: On March 25, 2010, Council approved a proposed modification to the Bike Loop alignment that would minimize environmental impacts to the arboretum and create a significant connection to existing hike & bike facilities inside Bee Creek Park. This connection would provide over 4.5 miles of continuous hike & bike facilities with a direct route from Barron Road to George Bush Drive. The design change order was approved May 17, 2010 and the project underwent additional environmental review by TxDOT. The final design is now complete. Environmental clearance was granted and the design approved by TxDOT in December 2010. Staff is seeking permission to solicit construction bids. Budget & Financial Summary: The total budget for the Bike Loop project is $1,529,826. The budget includes $327,202 from the 2005 Bike Loop project (ST-0530), $169,000 from the Miscellaneous Bike Trails project (ST-9803), and $1,033,624 from the Hike and Bike Trails project (ST-0521). A total of $938,771 has been expended or committed to date for the development of this design and construction of the first phase, which included improvements to the Longmire intersection, striping, and construction of the Bee Creek pedestrian bridge. $591,055 remains for construction of this final phase of improvements. Upon completion, it is estimated that $279,000 will be reimbursed as part of the Texas Statewide Transportation Enhancement Program. Attachments: 1.) Project Map 115 116 January 13, 2011 Regular Agenda Item No. 2 Royder Road and Greens Prairie Trail Transportation Improvements Public Hearing To: Glenn Brown, City Manager From: Chuck Gilman, P.E., Director of Public Works Agenda Caption: Public Hearing, presentation, possible action and discussion concerning approval to proceed with an advertisement to solicit construction bids for improvements to Royder Road and Greens Prairie Trail. Relationship to Strategic Goals: Goal I, Financially Sustainable City Providing Response to Core Services and Infrastructure. Recommendation(s): Staff recommends proceeding with advertising and bidding for these improvements. Summary: College Station ISD (CSISD) is presently constructing Greens Prairie Elementary School located on the southwest corner of Royder Road and Greens Prairie Trail. The elementary school is scheduled to open in August 2011. Royder Road, an existing 2- lane asphalt and gravel road, will serve as the thoroughfare to provide access to the staff and bus entrance to the elementary school. The driveway for the student drop-off will be located off Greens Prairie Trail. The school district completed a traffic impact analysis (TIA) as part of the design of the new facility. The TIA recommended minimal improvements to Royder Road and Greens Prairie Trail. However, CSISD desires to improve Royder Road to provide more reliable access to the school. Additionally, the Unified Development Ordinance requires that CSISD construct a deceleration lane along Greens Prairie Trail for vehicles entering the site. In addition to the improvements planned by the school district, city staff feels a dedicated left turn lane at Royder Road and at the student drop-off driveway along Greens Prairie Trail is necessary to ensure vehicles accessing the school do not adversely impact the flow of traffic along Greens Prairie Trail. The current thoroughfare plan classifies Royder Road a 4-lane minor arterial. The school district planned to construct two of the four lanes along Royder Road and the deceleration lane along Greens Prairie Trail; however, the Texas Education Code prohibited CSISD from spending funds for improvements on property that they do not own. Therefore, CSISD requested that the City of College Station construct these improvements and allow the school district to reimburse the City for their portion of the cost of the improvements. The design is complete and Staff is seeking permission to solicit construction bids. Budget & Financial Summary: $1,000,000 is budgeted for this project in the Streets Capital Improvement Projects Fund. $123,251 has been expended or committed to date, leaving a balance of $876,749 for construction and related expenditures. $300,000.00 expended on the Royder Road project will be recoverable through a Participation Agreement with CSISD. Attachments: 117 1. Location Map 118 ROYDER FM 2154WOODLAKE GREENS PRAIRIECALUMET FRIERSONI &GNRIVA RIDGE GUS ROY LEDGESTONEP1-735S W E E T W A T E R TRIPLE BENDBRI GHT WAT ERDERBY CIRCITATION CRFLAGSTONE CR ROYDER RD GREENS PRAIRIE TRCREEK MEADOW BLVD NWOOD BROOK LN TIMBER CREEK LN1 inch = 1,000 feet $ Royder Road Royder Road Project Location Map Legend Royder Road Improvements 119 January 13, 2011 Regular Agenda Item No. 3 Tauber & Stasney Street and Utility Rehabilitation Project Overview To: Glenn Brown, City Manager From: Chuck Gilman, P.E., Director of Public Works Agenda Caption: Presentation, possible action, and discussion on the Tauber and Stasney Street and Utility Rehabilitation Project. Relationship to Strategic Goals: Goal I, Financially Sustainable City Providing Response to Core Services and Infrastructure. Goal II.1, Preserving and restoring older neighborhoods. Recommendation(s): Staff recommends approval of this contract. Summary: The Tauber and Stasney Street and Utility Rehabilitation Project is located in the Northgate District and is bounded by University Drive to the south and Cherry Street to the north. The project includes the replacement of aging water and wastewater infrastructure serving the area along with the construction of new sidewalks, concrete pavement, curb and gutter, storm sewer system, benches, and street trees. Staff presented this project to City Council five times between December 2008 and July 2010 to conduct public hearings and seek direction from the City Council. After multiple public hearings, and numerous meetings with the stakeholders, staff developed a solution that was acceptable to the stakeholders, and was directed by Council to proceed with an alternative that removes head-in on-street parking along Tauber and Stasney, includes the construction of new concrete pavement, underground utilities, street lights, 8-feet wide sidewalks, and adds parallel parking along one side of Tauber Street and one side of Stasney Street, where adequate right-of-way is available. Construction bids were received and a resolution to award of the construction contract is included on the consent agenda. This presentation will explain the scope of work and summarize the construction schedule. Budget & Financial Summary: Funds in the amount of $2,252,110 are budgeted for this project in the Streets Capital Improvement Projects (CIP) Fund. In addition, $415,044 is budgeted in the Water CIP Fund and $793,772 in the Wastewater CIP Fund. Finally, funds are budgeted in the Electric CIP Fund for the Electric component of this project and funds are budgeted in the General Government CIP Fund for the fiber related to this project. The Streets portion of this project is estimated to come in over budget by approximately $576,000. To account for this overage, $422,225 will be transferred from the Northgate Street Rehabilitation project. These funds are from the 2003 GOB authorization and are the funds remaining for street rehabilitation in the Northgate. In addition, budgets from several complete Streets capital projects will be transferred to this project to account for the additional budget that is needed. The non-Streets CIP components of the project are projected to be completed within budget. Attachments: 1.) Project Location Map 2.) Bid Tabulation 3.) Resolution 120 January 13, 2011 Regular Agenda Item No. 4 UDO Amendment for Subdivision Regulations and General Processes To: Glenn Brown, City Manager From: Bob Cowell, AICP, CNU-A, Director of Planning & Development Services Agenda Caption: Public Hearing, presentation, possible action, and discussion on an ordinance amendment to Chapter 12 “Unified Development Ordinance,” Article 2 “Development Review Bodies,” Section 3.1 “General Approval Procedures,” Section 3.3 “Plat Review,” Section 7.1 “General Provisions,” Article 8 “Subdivision Design and Improvements,” and Section 11.2 “Defined Terms,” of the College Station Code of Ordinances, specifically related to subdivision regulation standards and other general processes. Relationship to Strategic Goals: Financially Sustainable City Providing Response to Core Services and Infrastructure, Neighborhood Integrity, and Diverse Growing Economy, Improving Multi-modal Transportation, and Green Sustainable City. Recommendation(s): At their meeting on December 2nd, the Planning and Zoning Commission voted (7-0) to recommend approval of the part of the ordinance related to subdivision standards with the condition of three amendments be made regarding adequate street access, requiring sidewalks on cul- de-sac bulbs, and limiting the option to defer construction of sidewalks fronting residential lots to one year. At their meeting on December 16th, the Planning and Zoning Commission voted (7-0) to recommend approval of the part of the ordinance related to general processes with the condition that off-site easements not be required to be filed for record prior to a plat coming before the Commission, but be in recordable form with the City. At their meeting on December 13th, the Bicycle, Pedestrian, and Greenways Advisory Board also received the proposed amendments. Staff has incorporated the conditions recommended by the Planning & Zoning Commission into the proposed ordinance and recommends approval. Summary: For a number of years, the City staff has worked with the City Council, the Planning & Zoning Commission, and various stakeholder groups to update and revise the regulations regarding the subdivision and development of land. The most recent approach has been to divide the update into a series of phases. The first phase was completed just over two years ago and involved moving the subdivision regulations into the UDO and updating some of the processes due to changes in state law. The proposed revisions are needed to update the standards themselves and further refine processes to contemporary practices, to implement the adopted comprehensive plan, and to further the legal sufficiency of the regulations. Future phases are anticipated to modernize the regulations and respond to stakeholder concerns and community needs. As provided previously, a summary of many of the substantive changes to the subdivision standards and general processes is attached. At the November 22nd Regular meeting, the Council received a briefing from staff and was provided the red-line changes of the proposed revisions to the subdivision standards. At the December 9th Workshop meeting, the Council received a second briefing from staff and was provided the red-line changes of the proposed revisions to subdivision and other general processes. Prior to consideration by the Planning & Zoning Commission, staff sent notification to neighborhood and development contacts regarding the timeline of the proposed revisions and how to access them. In addition, staff met twice with the Executive Director of the local Home Builders Association to discuss and clarify any questions regarding the proposed amendments. Budget & Financial Summary: N/A Attachments: 1. Summary of Substantive Standards and Process Changes 2. Planning & Zoning Commission Minutes – December 2, 2010 3. Draft Planning & Zoning Commission Minutes – December 16, 2010 4. Ordinance 121 Summary of Proposed Substantive Changes to Subdivision Regulation Standards and Other General Processes Changes to Standards · Reorganize standards into stand-alone City and ETJ sections (Section 8.2 General Requirements and Minimum Standards of Design for Subdivisions within the City Limits and Section 8.3 Requirements and Minimum Standards of Design for Subdivisions within the City of College Station Extraterritorial Jurisdiction) Modernization and legal effort. Clarify the ordinance to administer it more easily by consolidating the Urban and Rural Residential standards into the City standards section in Section 8.2 and the standards for subdivisions in the ETJ in Section 8.3. · Street Projections (Section 8.2.E.3/8.3.C.3 Street Projections) Modernization effort. Clarify the standard of “proper” projection of streets into unplatted areas with more explicit language that meets current practice and expectation. · Adequate Street Access (Section 8.2.E.4/8.3.C.4 Adequate Street Access) Implement Comp Plan. Require adequate amount of access and circulation to and from subdivisions by adding section that requires a minimum number of external street connections based on the number of lots those connections serve. · Cul-de-Sacs (Section 8.2.E.7/8.3.C.7 Cul-de-Sacs) Implement Comp Plan and developer flexibility. Base maximum length of cul-de- sacs on the land use designations in Comprehensive Plan and increase the number of allowable lots on a cul-de-sac from 24 to 30 lots. · Dedications along existing rights-of-way (Section 8.2.E.9/8.3.C.9 Existing Substandard Street Right-of-Way) Modernization effort. Clarify dedication requirements for plats along streets that have substandard widths. · Block Length (Section 8.2.G.2/8.3.E Blocks; Section 11.2 Defined Terms) Implement Comp Plan. Revise block length requirements to be based land use character designations in Comprehensive Plan. · Block Perimeter (Section 8.2.G.4; Section 11.2 Defined Terms) Implement Comp Plan. Add block perimeter requirements for areas designated Urban and Urban Mixed Use on the Comprehensive Plan Future Land Use and Character Map. · Public Way (Section 8.2.G.5; Section 11.2 Defined Terms) Developer flexibility. Allow a Public Way (a private drive built to certain standards) to qualify as a break in block length for non-residential and multi-family developments. 122 · Street Frontage (Section 8.2.H.1.h) Developer flexibility. Not require non-residential and multi-family lots to have frontage on a public street but may have access via a Public Way or access easement. · Collector Access (Section 8.2.H.1.i) Implement Comp Plan and developer flexibility. Upon recommendation of Administrator and approval of P&Z Commission, single-family detached lots may to have direct access to a minor collector if the lots are at least one-hundred feet wide. · Cluster Development Open Space (Section 8.2.H.4.b.5) Implement Comp Plan. Require cluster developments to provide minimum open space as per zoning requirements and have at least a minimum of 10% open space. · Easement Dedication and Use (Section 8.2.I Easements) Modernization and legal effort. Clarify required dedication and use standards for drainage, utility, and access easements. · Access Way (Section 11.2 Defined Terms) Developer flexibility. Allow Access Ways to be public access easements instead of right-of-way and remove setback requirement from edge of Access Way. · Location of Access Ways (Section 8.2.J Access Ways; Section 11.2 Defined Terms) Implement Comp Plan. Require Access Ways for blocks over 900’ in length and out of cul-de-sacs to connect to public facilities such as schools, parks, and multi-use paths. Also require Access Ways to be a minimum fifteen feet wide with at least five-foot sidewalk. · Sidewalks (Section 8.2.K.2 Required Sidewalks/Section 8.2.K.3 Sidewalk Exceptions) Implement Comp Plan. Require sidewalks on both sides of all streets including cul- de-sacs streets with several identified exceptions and fee in lieu options. · Deferment of Sidewalk Construction (Section 8.2.K.5 Timing of Construction) Developer flexibility. Allow subdivider option to delay for up to one year the construction of sidewalks along a residential street that front a single-family, duplex, and townhouse lot. · Non-City Utility Providers (Section 8.2.M/8.3.K Water Facilities, 8.2.N/8.3.L Waste Water Facilities) Modernization and legal effort. Clarify infrastructure sections regarding responsibilities related to non-city utility providers. · Lot Grading (Section 8.2.P.4 Lot Grading) Modernization effort. Require more specific grading plans for lots and blocks in subdivisions and that individual lot grading will comply with the overall plan. 123 · Owners Associations (Section 8.2U/8.3.S Owners Associations) Modernization effort. Pull out HOA requirements out of the Private Streets and Gated Section and make as a stand-alone section so that Owners Associations are required for all proposed Common Facilities. · Drainage in ETJ (Section 8.3.M Special Flood Hazard Areas/Section 8.3.N Drainage) Modernization effort. Require subdivisions in the ETJ to meet City drainage requirements while floodplain management remains the responsibility of the County. · Guarantee of Performance (Section 8.6.B Guarantee of Performance) Legal effort. Remove trust agreements as one of the possible methods of surety/guarantee of performance of public infrastructure. · Certifications (Section 8.8 Certificates) Modernization effort. Move Certificates section from Section 8.3 to Section 8.8 and require dedications to be in fee simple, consolidate Greenways certificate with Ownership and Dedication certificate, and add certificates for City Planner and County Commissioners. Changes to Processes · Standards of Review Section (Section 3.1.F Standards of Review) Modernization effort. Add section that states applicants are to make a claim of vesting on an application. Section is intended to help communicate expectations regarding review of applications. · Expire Inactive Applications (Section 3.1.I.1 Expiration of Inactive Applications) Modernization effort. Complete applications that do not have a response to staff review comments within 90 days become expired. · Expire Old Approved Permits (Section 3.1.I.2.b Expiration of Approved Permits) Modernization effort. Add 2-year expiration to applications that have been approved but did not have an expiration at the time they were approved. · Development Exaction Appeal Process (Section 3.1.J Appeals from Development Exaction Requirements; Sections in Article 2 to provide review, decision, and appeal authority) Legal effort. Add process for petitions that appeal rough proportionality of required development exactions. P&Z Commission decides petition, P&Z decision can be appealed to Council. · Preliminary Plats to Preliminary Plans (throughout Section 3.3 Plat Review) Legal effort. Preliminary plats are not required by the state but are locally created; change terminology to preliminary plan so that they are not subject to same plat requirements of state law. 124 · Plat Determination Requests (Section 3.3.B Determination of Plat Applicability; Sections in Article 2 to provide decision and appeal authority) Legal effort. Add process for requests regarding the applicability of plat requirements on a property. Administrator decides request, decision can be appealed to P&Z Commission. · Preliminary Plan Expiration (Section 3.3.E.1.d.3) Developer flexibility. Provide that a Final Plat extends the expiration of a Preliminary Plan by 2 years instead of the existing 1 year extension. · Amendments to Preliminary Plan (Section 3.3.E.2 Amendments to an Approved Preliminary Plan) Developer flexibility. Add section that allows defined minor revisions to an approved Preliminary Plan without necessitating the submission and approval of a new Preliminary Plan application. · Timing of Required Public Infrastructure (Section 3.3.E.3 Final Plat, Replat, Vacating Plat, and Development Plat Review) Legal effort. Require a plat’s public infrastructure to be constructed and accepted by the City or a guarantee such as a bond or letter of credit to be provided for it to be approved by the Commission. · Final Plat and Development Plat Review Requirements (Section 3.3.E.3 Final Plat, Replat, Vacating Plat, and Development Plat Review) Modernization effort. Add separate review criteria section for Final Plats and consolidate Development Plats review process into Final Plats review process. 125 December 2, 2010 P&Z Regular Meeting Minutes Page 1 of 3 MINUTES PLANNING & ZONING COMMISSION Regular Meeting December 2, 2010, 7:00 p.m. City Hall Council Chambers 1101 Texas Avenue College Station, Texas COMMISSIONERS PRESENT: Chairman Scott Shafer, Mike Ashfield, Craig Hall, Jodi Warner, Bo Miles, Hugh Stearns and Doug Slack COMMISSIONERS ABSENT: None CITY COUNCIL MEMBERS PRESENT: Katy-Marie Lyles CITY STAFF PRESENT: Jason Schubert, Lauren Hovde, Carol Cotter, Alan Gibbs, Molly Hitchcock, Lance Simms, Bob Cowell, Dave Coleman, Fred Surovik, Adam Falco, Kerry Mullins, and Brittany Caldwell 1. Call meeting to order. Chairman Shafer called the meeting to order at 7:00 p.m. Regular Agenda 7. Public hearing, presentation, possible action, and discussion regarding an amendment to the Unified Development Ordinance, Article 2 Development Review Bodies, Section 3.1 General Approval Procedures, Section 3.3 Plat Review, Section 5.2 Residential Dimensional Standards, Section 7.1 General Provisions, Article 8 Subdivision Design and Improvements, and Section 11.2 Defined Terms, related to subdivision regulation standards and processes. Case # 10-00500219 (JS) Senior Planner Schubert presented the amendment to the subdivision regulation standards and stated that the process amendments would be considered at a future meeting. There was general discussion amongst the Commission regarding the amendments. Commissioner Miles expressed concern about the increase in sidewalk widths. Commissioner Stearns commented that he would like to see a continuous sidewalk along cul-de-sacs and a time limit needs to be put on the option to defer sidewalks for single- family lots. Chairman Shafer opened the public hearing. 126 December 2, 2010 P&Z Regular Meeting Minutes Page 2 of 3 Sherry Ellison, 2705 Brookway Drive, College Station, Texas, stated that she was concerned about “suitability of land and change” being removed from the intent statement. She also expressed concern about not requiring sidewalks along the bulb of a cul-de-sac, increasing the number of lots on a cul-de-sac from 24 to 30, and having the option to defer construction of a sidewalk until the time of single-family home construction. She stated that there needs to be a timeline as to when the sidewalks need to be built. She also commented that underground oil and gas lines need to be checked before development begins due to safety concerns. There was general discussion regarding the intent statement. City Engineer Gibbs stated that oil and gas pipelines are regulated by the Railroad Commission. Dixon Clements, Executive Director of the Home Builders Association, questioned why there was a third street connection required for 200 lots. He stated that 200 homes is not that many homes. He expressed concern about sidewalks being required on both sides of all streets and the increase in width of sidewalks. He said that additional cost being added to the builder will be passed on to the home buyer. Robert Rose, 3201 Walnut Creek Court, Bryan, Texas, stated that most homebuyers want sidewalks and bike lanes. He expressed concern about the change in block length from 800 feet to 900 feet for suburban and commercial areas. There was general discussion amongst the Commission regarding the amendments. Commissioner Ashfield motioned to amend the proposed ordinance stating that the requirement that 200 or more lots require a third street connection be a discretionary item that may be required by the Planning & Zoning Commission. Commissioner Miles seconded the motion, motion passed (7-0). Commissioner Slack motioned to amend the proposed ordinance stating that sidewalks be required around the bulb of cul-de-sacs. Commissioner Stearns seconded the motion, motion passed (6-1). Commissioner Miles was in opposition. There was general discussion amongst the Commission regarding the option to defer sidewalks along single-family lots until the time of home construction. Commissioner Ashfield motioned to amend the deferral option to build sidewalks along single-family lots so that the timeline stipulated with the surety or bond that is required on the developer is within a one year period. Commissioner Stearns seconded the motion, motion passed (7-0). Commissioner Slack motioned to recommend approval of the ordinance with the condition that the three amendments, as approved by the Commission, were included. Commissioner Warner seconded the motion, motion passed (7-0). 127 December 2, 2010 P&Z Regular Meeting Minutes Page 3 of 3 10. Adjourn. Commissioner Warner motioned to adjourn the meeting. Commissioner Stearns seconded the motion, motion passed (7-0). The meeting was adjourned at 10:50 p.m. 128 December 16, 2010 P&Z Regular Meeting Draft Minutes Page 1 of 2 DRAFT MINUTES PLANNING & ZONING COMMISSION Regular Meeting December 16, 2010, 7:00 p.m. City Hall Council Chambers 1101 Texas Avenue College Station, Texas COMMISSIONERS PRESENT: Chairman Scott Shafer, Mike Ashfield, Craig Hall, Jodi Warner, Bo Miles, Hugh Stearns and Doug Slack COMMISSIONERS ABSENT: None CITY COUNCIL MEMBERS PRESENT: Dennis Maloney, Jess Fields, and Katy- Marie Lyles CITY STAFF PRESENT: Jason Schubert, Joe Guerra, Erika Bridges, Josh Norton, Carol Cotter, Alan Gibbs, Molly Hitchcock, Lance Simms, Bob Cowell, Dave Coleman, Robert Alley, Jeffrey Capps, Mary Ann Powell, Kerry Mullins, and Brittany Caldwell 1. Call meeting to order. Chairman Shafer called the meeting to order at 7:00 p.m. Regular Agenda 6. Public hearing, presentation, possible action, and discussion regarding an amendment to the Unified Development Ordinance, Article 2 Development Review Bodies, Section 3.1 General Approval Procedures, Section 3.3 Plat Review, and Section 11.2 Defined Terms, related to subdivision regulation and other general processes. Case # 10-00500219 (JS) (Note: Final action on this item is scheduled for the January 13, 2011 City Council Meeting – subject to change) Senior Planner Schubert presented the amendment to the Unified Development Ordinance regarding the process amendments, related to the subdivision regulations. There was general discussion amongst the Commission regarding the amendments. Chairman Shafer opened the public hearing. Sherry Ellison, 2708 Brookway Drive, College Station, Texas, suggested that public hearing signs “shall” be required, not “may” be required. She expressed concern about adding a two-year expiration to applications that have been approved and offering relief on exaction requirements. She also suggested adding owner contact information to the application requirements when pipelines exist on the property. 129 December 16, 2010 P&Z Regular Meeting Draft Minutes Page 2 of 2 Steve Arden, 311 Cecelia Loop, College Station, Texas, stated that off-site easements do not need to be filed before coming to the Commission because of possible changes or not receiving approval from the Commission. He said that they should be ready for filing, but not filed. Dickson Clements, Executive Officer of the BCS Home Builders Association, stated that the Subdivision Regulations was a functional document. Chairman Shafer closed the public hearing. There was general discussion amongst the Commission regarding the amendments. Commissioner Stearns expressed concern about the public not being sufficiently notified by signs and notifications. Commissioner Stearns motioned to recommend approval of the ordinance with the condition that off-site easements not be required to be filed prior to coming before the Commission, but are in recordable form with the City. Commissioner Miles seconded the motion, motion passed (7-0). 10. Adjourn. Commissioner Warner motioned to adjourn the meeting. Commissioner Stearns seconded the motion, motion passed (7-0). The meeting was adjourned at 12:15 a.m. 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 January 13, 2011 Regular Agenda Item No. 5 4005 State Highway 6 South – Right-of-Way Abandonment To: Glenn Brown, City Manager From: Bob Cowell, Director of Planning and Development Services Agenda Caption: Public Hearing, presentation, possible action, and discussion approving an ordinance vacating and abandoning a 2.06 Acre portion of Old Rock Prairie Road Right- of-Way, which is located at 4005 State Highway 6 South adjacent to the Rock Prairie Marketplace Subdivision according to the plat recorded in Volume 9506, Page 205 of the Deed Records of Brazos County, Texas. Recommendation(s): Staff recommends approval of the ordinance. Summary: This Right-of-Way Abandonment as written proposes to vacate and abandon the subject portion of the Old Rock Prairie Road Right-of-Way at 4005 State Highway 6 South while retaining a Public Utility Easement and Public Access Easement on the entirety of the area requested to be abandoned. Retaining the easements as noted will continue sufficient public and private utilities coverage, and continue access to existing platted lots for the public, emergency access, and sanitary purposes. Budget & Financial Summary: N/A Attachments: 1. Attachment 1 - Vicinity Map 2. Attachment 2 - Location Map 3. Attachment 3 - Ordinance 4. Attachment 4 - Ordinance Exhibit "A" 5. Attachment 5 - Application for Abandonment (On file at the City Engineer’s Office) 195 S H 6 F R O N T A G E 6 R D ROCK PRAIRIE RD W O O D C R E E K D R GRAHAM RDL O NGMI R E D R STONEBROOK DROF F RAMP 6 ONRAMP 6 OLD ROCK PRAIRIE RDSTONEB RIDGE DR BIRMINGHAM RDLAKE FOR E S T C T ESS E X G R E E N S U S S E X D R WHITNEY LNB RID L E C T B R O O K W A TER CR B RID L E T R AIL S C T A M B E R W O O D C T L A K E S I D E C T OFFRAMP 6F R O N T A G E 6 R D S H 6 O NRAMP 6 ±SCALE:1" = 6,000' Right-of-WayAbandonment Vicinity Map 196 S H 6 F RONT AGE 6 RDROCK PRAIRIE RD O F F R A M P 6 OLD ROCK PRAIRIE RDO N R A M P 6 STONEBRIDGE DR WIL SHIRE CT FR O NTA GE 6 R D S H 6ROCK PRAIRIE RDLocation Map ±SCALE:1" = 3,000' Right-of-WayAbandonment 197 C:\DOCUME~1\tmcnutt\LOCALS~1\Temp\Ordinance.docxC:\DOCUME~1\tmcnutt\LOCALS~1\Temp\Ordinance.docx ORDINANCE NO. _________________ AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 2.06 ACRE PORTION OF OLD ROCK PRAIRIE ROAD RIGHT-OF-WAY LOCATED AT 4005 STATE HIGHWAY 6 SOUTH IN THE CITY OF COLLEGE STATION, TEXAS. WHEREAS, the City of College Station, Texas, has received an application for the vacation and abandonment of a 2.06 Acre portion of the Old Rock Prairie Road variable width right-of-way, which is located at 4005 State Highway 6 South adjacent to the Rock Prairie Marketplace Subdivision according to the plat recorded in Volume 9506, Page 205 of the Deed Records of Brazos County, Texas, as described in Exhibit “A” attached hereto (such portions collectively hereinafter referred to as the “Right-of-Way”); and WHEREAS, in order for the Right-of-Way to be vacated and abandoned by the City Council of the City of College Station, Texas, the City Council must make certain affirmative findings; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That after opening and closing a public hearing, the City Council finds the following pertaining to the vacating and abandoning of the Right-of-Way in the manner and as described in Exhibit "A" attached hereto and made a part of this ordinance for all purposes. 1. The abandonment of the Right-of-Way will not result in property that does not have access to public roadways or utilities; 2. Other than as set forth herein, there is no public need or use for the Right-of-Way; 3. Except as may be provided for in this ordinance, there is no anticipated future public need or use for the Right-of-Way; 4. As set forth in this ordinance, abandonment of the Right-of-Way will not impact access for all public utilities to serve current and future customers; 5. Utility infrastructure exists within the Right-of-Way and the City has a continuing need for currently existing public utilities to remain within the Right-of-Way, and said uses are expressly not abandoned herein; and 198 C:\DOCUME~1\tmcnutt\LOCALS~1\Temp\Ordinance.docx ORDINANCE NO. __________________ Page 2 6. The City has a continuing need for public access within the Right-of- Way to platted lots, and for emergency access and sanitation purposes and such continuing needs are expressly not abandoned; and 7. The Right-of-Way is hereby abandoned as a public roadway and is no longer thrown open to the general public but is only for the public purposes recited herein and is in all other respects hereby abandoned. PART 2: That the Right-of-Way known as Old Rock Prairie Road and as described in Exhibit “A” be abandoned and vacated by the City for roadway purposes; provided, however, that the City shall retain a public utility easement and public access easement on the area to be abandoned as set forth above, and the City does not abandon such uses. PASSED, ADOPTED and APPROVED this _______ day of _________________, 2011. APPROVED: ____________________________________ Mayor ATTEST: ______________________________ City Secretary APPROVED: ______________________________ City Attorney 199 200 201 202 January 13, 2011 Regular Agenda Item No. 6 2716 Barron Road Rezoning Request To: Glenn Brown, City Manager From: Bob Cowell, AICP, CNU-A, Director of Planning & Development Services Agenda Caption: Public Hearing, presentation, possible action and discussion regarding a Rezoning for 2716 Barron Road of 3.49 acres from A-O Agricultural Open to R-1 Single-Family Residential, generally located between the Sonoma and Edelweiss Subdivisions. Relationship to Strategic Goals: Neighborhood Integrity Recommendation(s): At their meeting on December 2nd, the Planning and Zoning Commission voted (7-0) to recommend approval of the request. Staff also recommended approval of the zoning amendment based on its compliance with the Comprehensive Plan and support of existing and pending infrastructure. Summary: The Unified Development Ordinance provides the following review criteria for zoning map amendments: Review Criteria 1. Consistency with the Comprehensive Plan: The subject property is designated as General Suburban on the Comprehensive Land Use Plan, and should be developed as high-density single-family residential. A minimum of 5,000 square foot lots may be platted under an R-1 district which is compliant with the Comprehensive Plan. 2. Compatibility with the present zoning and conforming uses of nearby property and with the character of the neighborhood: R-1 Single-Family Residential is compatible with the surrounding land uses which consist of public rights-of-way and single-family residential developments. Though the adjacent residential developments are on large lots, Sonoma and Edelweiss Subdivision neighbor the subject property and are considered to be high-density residential. 3. Suitability of the property affected by the amendment for uses permitted by the district that would be made applicable by the proposed amendment: The portion of the subject property that abuts Barron Road was zoned R-1 in 2008. This request is to rezone the remainder of that tract to do a larger development. Having access to Hofburg Drive will allow the residents of the proposed development to connect easily to William D. Fitch Parkway and Eagle Avenue. The property does 203 not appear to have any physical constraints that would make this property unsuitable for denser development. 4. Suitability of the property affected by the amendment for uses permitted by the district applicable to the property at the time of the proposed amendment: The subject property is currently being used as a large lot single-family residence. The current zoning is suitable for this type of development which is consistent with the abutting properties. 5. Marketability of the property affected by the amendment for uses permitted by the district applicable to the property at the time of the proposed amendment: South College Station is quickly growing in population, and has changed dramatically in the last five years. However, this area is still considered rural which can be a contributing factor of buyers’ choice. The subject property in its rural state remains a marketable use for this area of the City. 6. Availability of water, wastewater, stormwater, and transportation facilities generally suitable and adequate for the proposed use: The subject tract is located adjacent to an 18-inch water main along Barron Road, as well as an 8-inch water main along Hofburg Drive. The subject tract is located between two separate sewer sheds, with a 6-inch sanitary sewer main located to the north and south of the property. Development of the tract will require the extension of a sanitary sewer main in order to be served. The subject property is in the Spring Creek Drainage Basin, and is not located in a FEMA Regulated Special Flood Hazard Area. Development of the subject tract will be required to meet the minimum standards of the City’s Storm Water Design Guidelines. The subject property is located adjacent to Hofburg Drive (local) and Barron Road (4-Lane Minor Arterial). The widening project for this portion of Barron Road is included in a Capital Improvement Projects that is slated to begin construction in early 2011. Budget & Financial Summary: N/A Attachments: 1. Planning & Zoning Commission Minutes – December 2, 2010 2. Ordinance 204 BACKGROUND INFORMATION NOTIFICATIONS Advertised Commission Hearing Date: December 2, 2010 Advertised Council Hearing Dates: December 20, 2010 The following neighborhood organizations that are registered with the City of College Station’s Neighborhood Services have received a courtesy letter of notification of this public hearing: Three Property owner notices mailed: 19 Contacts in support: 0 Contacts in opposition: 0 Inquiry contacts: 0 ADJACENT LAND USES Direction Comprehensive Plan Zoning Land Use North Minor Collector N/A Hofburg Drive South Four-Lane Minor Arterial N/A Barron Road East General Suburban A-O Agricultural-Open Residential West Suburban Commercial A-O Agricultural-Open Residential DEVELOPMENT HISTORY Annexation: June 1995 Zoning: A-O open annexation Final Plat: Unplatted Site development: There is an existing barn and a private drive located along the eastern property line. 205 206 207 208 December 2, 2010 P&Z Regular Meeting Minutes Page 1 of 2 MINUTES PLANNING & ZONING COMMISSION Regular Meeting December 2, 2010, 7:00 p.m. City Hall Council Chambers 1101 Texas Avenue College Station, Texas COMMISSIONERS PRESENT: Chairman Scott Shafer, Mike Ashfield, Craig Hall, Jodi Warner, Bo Miles, Hugh Stearns and Doug Slack COMMISSIONERS ABSENT: None CITY COUNCIL MEMBERS PRESENT: Katy-Marie Lyles CITY STAFF PRESENT: Jason Schubert, Lauren Hovde, Carol Cotter, Alan Gibbs, Molly Hitchcock, Lance Simms, Bob Cowell, Dave Coleman, Fred Surovik, Adam Falco, Kerry Mullins, and Brittany Caldwell 1. Call meeting to order. Chairman Shafer called the meeting to order at 7:00 p.m. 2. Hear Citizens. None Regular Agenda 3. Public hearing, presentation, possible action and discussion regarding a Rezoning for 2716 Barron Road of 3.49 acres from A-O Agricultural Open to R-1 Single-Family Residential, generally located between the Sonoma and Edelweiss Subdivisions. Case #10-00500118 (LH) Staff Planner Hovde presented the Rezoning and recommended approval. Commissioner Ashfield asked if the development would be taking access off of Hofburg Drive or Barron Road. Jeff Robertson, McClure and Browne, stated that most of the drawings show access coming off of Hofburg Drive, but that the layout has not been finalized. Chairman Shafer opened the public hearing. No one spoke during the public hearing. Chairman Shafer closed the public hearing. 209 December 2, 2010 P&Z Regular Meeting Minutes Page 2 of 2 Commissioner Stearns motioned to approve the Rezoning. Commission Slack seconded the motion, motion passed (7-0). 7. Adjourn. Commissioner Warner motioned to adjourn the meeting. Commissioner Stearns seconded the motion, motion passed (7-0). The meeting was adjourned at 10:50 p.m. Approved: ____________________________________ Scott Shafer, Chairman Planning and Zoning Commission Attest: _____________________________________ Brittany Caldwell, Admin. Support Specialist Planning and Development Services 210 ORDINANCE NO. _____ AN ORDINANCE AMENDING CHAPTER 12, “UNIFIED DEVELOPMENT ORDINANCE,” SECTION 4.2, “OFFICIAL ZONING MAP,” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY CHANGING THE ZONING DISTRICT BOUNDARIES AFFECTING CERTAIN PROPERTIES AS DESCRIBED BELOW; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 12, “Unified Development Ordinance,” Section 4.2, “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A”, attached hereto and made a part of this ordinance for all purposes. PART 2: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Two Thousand Dollars ($2,000.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this 13th day of January, 2010 APPROVED: ____________________________________ MAYOR ATTEST: _______________________________ City Secretary APPROVED: _______________________________ City Attorney 211 Ordinance No. __________________ Page 2 of 3 EXHIBIT “A” That Chapter 12, “Unified Development Ordinance,” Section 4.2, “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, is hereby amended as follows: The following property is rezoned from A-O Agricultural Open to R-1 Single-Family Residential, and as shown graphically in Exhibit “B”: 212 Ordinance No. __________________ Page 3 of 3 EXHIBIT “B” 213