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09/10/2020 - Regular Agenda Packet - City Council
College Station, TX Meeting Agenda City Council Regular Phone: 888 475 4499 and Webinar ID: 988 5610 4149 Internet: https://zoom.us/j/98856104149 September 10, 2020 6:00 PM 1101 Texas Ave, College Station, TX 77840 College Station, TX Page 1 1.Call to Order, Pledge of Allegiance, Invocation, Consider Absence Request. Speaker Protocol: An individual who wishes to address the City Council regarding any item on the Regular Agenda shall register with the City Secretary prior to 3 p.m. on the day of the meeting. Individuals must register to speak or provide written comments at https://forms.cstx.gov/Forms/CSCouncil or provide a name and phone number by calling 9797643500. Upon being called to speak an individual must state their name and city of residence, including the state of residence if the city is located out of state. Speakers are encouraged to identify their College Station neighborhood or geographic location. Each speaker’s remarks are limited to three (3) minutes. Any speaker addressing the Council through the use of a translator may speak for six (6) minutes. At the (3) minute mark the City Secretary will announce that the speaker must conclude their remarks. 2.Presentation Presentation proclaiming September 17th through 23rd as Constitution Week. 3.Hear Visitors During Hear Visitors an individual may address the City Council on any item which does not appear on the posted agenda. The City Council will listen and receive the information presented by the speaker, ask staff to look into the matter, or place the issue on a future agenda. Topics of operational concern shall be directed to the City Manager. 4.Consent Agenda During the Consent Agenda an individual may address the City Council on any Consent Agenda Item. Presentation, discussion, and possible action on 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. 4.1.Presentation, discussion, and possible action of minutes for: • August 27, 2020 Workshop Meeting • August 27, 2020 Regular Meeting • August 28, 2020 Joint Meeting Sponsors:Tanya Smith Attachments:1.WKSHP082720 DRAFT Minutes 2.RM082720 DRAFT Minutes 3.JM082820 DRAFT Minutes Page 1 of 63 City Council Regular Page 2 September 10, 2020 4.2.Presentation, discussion, and possible action regarding the renewal of contract 19300586 with Utility Restoration Services, Inc. for Annual Padmount Equipment Repair and Restoration in the amount of $321,644.66. Sponsors:Timothy Crabb Attachments:1.19300586R1 Utility Restoration Inc letter 072820 4.3.Presentation, discussion, and possible action on a five (5) year technology services contract with Tyler Technologies, Inc. for $657,160 for the Incode municipal court case management software implementation, licensing and maintenance and support services. Sponsors:Sindhu Menon Attachments:1.Contract is on file with the College Station City Secretary 5.Regular Agenda During the Regular agenda an individual may address the City Council on any Regular Agenda item including those items not posted for Public Hearing. For those items posted for a Public Hearing, if the City Council needs additional information from the general public after the Public Hearing is closed some limited comments may be allowed at the discretion of the Mayor. 5.1.Public Hearing, presentation, discussion, and possible action approving an ordinance vacating and abandoning a 4382 sq. foot portion of a 20foot wide Public Utility Easement referred to as Easement 1, and an additional 4382 sq. foot portion of a 20foot wide Public Utility Easement referred to as Easement 2, lying within Lot 1, Block 1 of the Letbetter Subdivision, Phase 1, Morgan Lector League A46, according to the plat recorded in Volume 9980, Page 179, of the Official Records of Brazos County, Texas. Sponsors:Debbie Stickles Attachments:1.1 Ordinance (Combined) 2.2 Exhibit A 3.3 Vicinity Map 4.4 Location Map 5.5 Application 5.2.Public Hearing, presentation, discussion, and possible action regarding an ordinance amendment to Appendix A, “Unified Development Ordinance,” Article 3, "Development Review Procedures," Section 3.2.G.2, “Specific Notice Requirements,” of the Code of Ordinances of the City of College Station, Texas, regarding replat notification. Sponsors:Molly Hitchcock Attachments:1.Ordinance 5.3.Presentation, discussion, and possible action regarding the approval of annual price agreements for the purchase of Type D Hot Mix Asphalt to be picked up by City Crews or to be delivered to the job site as requested for street maintenance to Knife River Corp for $1,400,000 and BPI Materials LLC for $600,000. The total annual not to exceed expenditure is $2,000,000. Sponsors:Donald Harmon Attachments:1.Contract on file with the City Secretary's Office Page 2 of 63 City Council Regular Page 3 September 10, 2020 5.4.Presentation, discussion, and possible action regarding approval for Ratification and Change Order No. 3 in the amount of $571,314.94 for the Lick Creek Trunk Line construction contract with Thalle Construction Company, Inc. Sponsors:Emily Fisher Attachments:1.Copy of Lick Creek Change Order No. 3(revised) 2.Location Map 5.5.Presentation, discussion, and possible action regarding an appointment to the Brazos Valley Solid Waste Management Agency, Inc Board of Directors. Sponsors:Tanya Smith Attachments:1.Ltr Cities BVSWMA BoD 2020 6.Presentation, discussion, and possible action on future agenda items and review of standing list of Council generated 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. 7.Adjourn. The City council may adjourn into Executive Session to consider any item listed on the agenda if a matter is raised that is appropriate for Executive Session discussion. I certify that the above Notice of Meeting was posted on the website of the City of College Station, Texas, on September 4, 2020 at 5:00 p.m. City Secretary This building is wheelchair accessible. Persons with disabilities who plan to attend this meeting and who may need accommodations, auxiliary aids, or services such as interpreters, readers, or large print are asked to contact the City Secretary’s Office at (979) 7643541, TDD at 18007352989, or email adaassistance@cstx.gov at least two business days prior to the meeting so that appropriate arrangements can be made. If the City does not receive notification at least two business days prior to the meeting, the City will make a reasonable attempt to provide the necessary accommodations. Penal Code § 30.07. Trespass by License Holder with an Openly Carried Handgun. "Pursuant to Section 30.07, Penal Code (Trespass by License Holder with an Openly Carried Handgun) A Person Licensed under Subchapter H, Chapter 411, Government Code (Handgun Licensing Law), may not enter this Property with a Handgun that is Carried Openly." Codigo Penal § 30.07. Traspasar Portando Armas de Mano al Aire Libre con Licencia. Page 3 of 63 City Council Regular Page 4 September 10, 2020 “Conforme a la Seccion 30.07 del codigo penal (traspasar portando armas de mano al aire libre con licencia), personas con licencia bajo del SubCapitulo H, Capitulo 411, Codigo de Gobierno (Ley de licencias de arma de mano), no deben entrar a esta propiedad portando arma de mano al aire libre.” Page 4 of 63 September 10, 2020 Item No. 4.1. Council Minutes Sponsor:Tanya Smith, City Secretary Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action of minutes for: • August 27, 2020 Workshop Meeting • August 27, 2020 Regular Meeting • August 28, 2020 Joint Meeting Relationship to Strategic Goals: Good Governance Recommendation(s): Approval Summary: N/A Budget & Financial Summary: None Reviewed & Approved by Legal: No Attachments: 1.WKSHP082720 DRAFT Minutes 2.RM082720 DRAFT Minutes 3.JM082820 DRAFT Minutes Page 5 of 63 WKSHP082720 Minutes Page 1 MINUTES OF THE CITY COUNCIL WORKSHOP VIA TELECONFERENCE CITY OF COLLEGE STATION AUGUST 27, 2020 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Bob Brick John Crompton Linda Harvell John Nichols Dennis Maloney City Staff: Jeff Capps, Interim City Manager Jeff Kersten, Assistant City Manager Carla Robinson, City Attorney Tanya Smith, City Secretary Lisa McCracken, Records Management Administrator 1. 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 Mooney via Teleconference at 4:03 p.m. on Thursday, August 27, 2020, in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 2. Executive Session In accordance with the Texas Government Code §551.071-Consultation with Attorney, §551.072- Real Estate, and §551.074-Personnel the College Station City Council convened into Executive Session at 4:03 p.m. on Thursday, August 27, 2020, in order to continue discussing matters pertaining to: A. Consultation with Attorney to seek advice regarding pending or contemplated litigation; to wit: Kathryn A. Stever-Harper as Executrix for the Estate of John Wesley Harper v. City of College Station and Judy Meeks; No. 15,977-PC in the County Court No. 1, Brazos County, Texas; and McCrory Investments II, LLC d/b/a Southwest Stor Mor v. City of College Station; Cause No. 17-000914-CV-361; In the 361st District Court, Brazos County, Texas City of College Station v. Gerry Saum, Individually, and as Independent Executrix of the Estate of Susan M. Wood, Deceased; Cause No. 17-002742-CV-361; In the 361st District Court, Brazos County, Texas Page 6 of 63 WKSHP082720 Minutes Page 2 Carrie McIver v. City of College Station; Cause No. 18-003271-CV-85; In the 85th District Court, Brazos County, Texas Veronica Alejandra Ibarra v. The City of College Station; Cause No. 20000325CV361; in the 361st District Court, Brazos County, Texas B.Consultation with attorney to receive legal advice; to wit: Legal advice concerning a proposal to EBCS addressing the liabilities and assets of the corporation. C. Deliberation on the purchase, exchange, lease, or value of real property; to wit: An approximately 18 acre tract of land along the north frontage road of Texas State Highway 6 south at its intersection with Corporate Parkway. D. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit: Council Self-Evaluation City Manager Executive Session recessed at 5:26 p.m. 3. Reconvene from Executive Session and take action, if any. MOTION: Upon a motion made by Mayor Mooney and a second by Councilmember Harvell, the City Council voted six (6) for and none (0) opposed, to authorize the Interim City Manager to negotiate reasonable terms and conditions for a Letter of Intent relating to the sale of approximately 18 acres southeast of Corporate Parkway and State Highway 6 northbound frontage road; and to execute this Letter of Intent on behalf of the City of College Station. The motion carried unanimously. 4. Presentation, possible action and discussion on items listed on the consent agenda. Items (3.2) were pulled from Consent for clarification. (3.2): Kelly Kelbly, Interim Director of Parks & Recreation, explained that funds for this project were budgeted through the Memorial Cemetery Funds. Memorial Cemetery funds can only be spent in this cemetery. 5. Workshop 5.1 Presentation, discussion, and possible action related to the future planning and capital projects for Mable Clare Thomas Park, including surrounding roadways, sidewalks, drainage and park improvements. Emily Fisher, Assistant Director of Public Works, stated that per Council’s direction during the FY ’21 budget workshops, staff has moved up the design portions and associated funding to address the sections of James Parkway and Puryear Drive from Francis Street to Kyle Street. Capital Project Overview James Pkwy. & Puryear Drive (South Of Francis Drive) Asphalt street, no curb Page 7 of 63 WKSHP082720 Minutes Page 3 Replace with concrete street and drainage improvements Explore options for least impact to park and surrounding area Total Budget $2,540,000 FY 21 - $330,000 Combine with park project Kelly Kelbly, Interim Director of Parks & Recreation, stated that in conjunction with this design, staff will move forward with the design of the sidewalks and drainage within the accompanying areas of Thomas Park, broadly referred to as the southern end. Numerous meetings with Dr. Crompton and the surrounding community have identified this as a necessary phase as staff identifies future needs and amenities of the park through Phases 3 & 4, including tree plantings, recreational amenities and an aquatic facility Mabel Clare Thomas Park (Phase 2) Identified by Council and community members Southern portion of park Drainage Sidewalks $250,000 (Phase 3) As discussed by Dr. Crompton and surrounding community Historical markers, benches, and trees Shade structures Expanded play areas at the north end Disc golf and Pickleball lines (Phase 4) Parking and restrooms Aquatic amenity At approximately 6:00 p.m., Mayor Mooney opened for Citizens Comments. Diane Davis, College Station, came before Council to discuss the enhancements of Mable Clare Thomas Park and the four (4) phases of this project. Ms. Davis also explained that a lot of time has gone into this project, which council needs to move forward, but the last 2 phases are important in the completion of park. Jessie Jeffers, College Station, came before Council to express her support for the Thomas Park project. Ms. Jeffers explained that she move to this area because of the atmosphere for raising her family. When she heard about the refreshing of the park, she wanted to reach out regarding her support. Leslie Miller, College Station, came before Council to express her support for the enhancements of Thomas Park. Ms. Miller explained that she remembers when the pool was first built and then watching the decline in the maintenance of the pool, so Phase 4 needs to be addressed to bring back a formal design of a new pool. She stated Thomas Park is in the heart of College Station. There being no comments, the Citizens Comments was closed at 6:17 p.m. Page 8 of 63 WKSHP082720 Minutes Page 4 Council directed staff to move forward with Phase 1-3 of Thomas Park and a placeholder for a new pool. 5.2 Presentation, discussion, and possible action on City Fiber Infrastructure and update on status of current fiber leasing and fiber leasing opportunities. Isaias Hernandez, Information Technology, stated that the City currently has a main fiber ring with various spurs consisting of over 60 miles of fiber. Based on City Council direction, the City has agreements in place for lease of spare fibers along these various paths to local companies. Mr. Hernandez explained that there are two different local companies that lease City’s fiber infrastructure, which the fiber is used to interconnect locations requested by the leasing companies. The leasing company must be able to meet at certain locations to ensure connectivity, and there is availability to add additional leasing companies to City’s Fiber infrastructure. The leasing would depend on the location and availability of spare fibers. Current Use 10-year lease. $500/strand mile licensing fee. Maintenance Fee Calculated Annual (currently $52.08/strand mile/year) Two Companies – Wirestar Networks and CEO Technologies Wirestar – leasing 88.74 fiber strand miles. Leased through October 2025. Has had 2 Lease Amendments. Currently pay $4,621.58/year CEO Technologies – leasing 146.26 fiber strand miles. Leased through Sep 2027. Has had 3 Lease Amendments. Currently pay $7,617.22/year Provide High-Speed Internet, Managed IT Services, VoIP Phone Systems, Security Monitoring Availability Partnership with CSISD and A&M to interconnect their facilities Interconnection of majority of traffic signals and water services. Many of the fibers used to connect one part of the city with another. Currently there are up to six dark fibers available on the Fiber ring that loop around the city. Additional fiber available on spurs 6. Council Calendar Council reviewed the calendar. 7. Discussion, review, and possible action regarding the following meetings: Animal Shelter Board, Arts Council of Brazos Valley, Architectural Advisory Committee, Audit Committee, Bicycle, Pedestrian, and Greenways Advisory Board, Bio-Corridor Board of Adjustments, Brazos County Health Dept., Brazos Valley Council of Governments, Brazos Valley Economic Development Corporation, Bryan/College Station Chamber of Commerce, Budget and Finance Committee, BVSWMA, BVWACS, Census Committee Group, Compensation and Benefits Committee, Comprehensive Plan Evaluation Committee, Experience Bryan- College Station, Design Review Board, Economic Development Committee, Gulf Coast Strategic Highway Coalition, Historic Preservation Committee, Interfaith Dialogue Association, Intergovernmental Committee, Joint Relief Funding Review Committee, Landmark Commission, Library Board, Metropolitan Planning Organization, Operation Restart, Parks and Recreation Board, Planning and Zoning Commission, Research Valley Technology Council, Regional Transportation Committee for Council of Governments, Page 9 of 63 WKSHP082720 Minutes Page 5 Sister Cities Association, Spring Creek Local Government Corporation, Transportation and Mobility Committee, TAMU Student Senate, Texas Municipal League, Walk with the Mayor, YMCA, Zoning Board of Adjustments, (Notice of Agendas posted on City Hall bulletin board.) No discussion at this time. 8. Adjournment There being no further business, Mayor Mooney adjourned the Workshop of the College Station City Council at 6:42 p.m. on Thursday, August 27, 2020. ________________________ Karl Mooney, Mayor ATTEST: _______________________ Tanya Smith, City Secretary Page 10 of 63 RM082720 Minutes Page 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING VIA TELECONFERENCE CITY OF COLLEGE STATION AUGUST 27, 2020 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Bob Brick John Crompton Linda Harvell John Nichols Dennis Maloney City Staff: Jeff Capps, Interim City Manager Jeff Kersten, Assistant City Manager Carla Robinson, City Attorney Tanya Smith, City Secretary Lisa McCracken, Records Management Administrator 1.Call to Order and Announce a Quorum is Present and Pledge of Allegiance, Invocation, consider absence request. With a quorum present, the Regular Meeting of the College Station City Council was called to order by Mayor Mooney via Teleconference at 6:54 p.m. on Thursday, August 27, 2020, in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 2.Hear Visitors Comments Elianor Vessali, College Station, came before Council to discuss the ongoing issue of rental registration and the change overs with the hopes to break the cycle. Ms. Vessali explained that the issue is the delivery of information. If the City would develop an app that links the tenants, owners and code enforcement to send information or to notify the owners of any code violations, this would solve many problems. 3.CONSENT AGENDA 3.1. Presentation, possible action, and discussion of minutes for: August 13, 2020 Workshop Meeting August 13, 2020 Regular Meeting Page 11 of 63 RM082720 Minutes Page 2 3.2. Presentation, discussion, and possible action on approval of a contract in the amount of $498,941 with Vaughn Construction for the installation of wrought iron fencing for Memorial Cemetery of College Station. 3.3. Presentation, discussion, and possible action regarding an agreement with Vertical VAR, LLC dba SPS VAR, LLC in an amount not to exceed $112,432.35 for utility billing system hardware. 3.4. Presentation, discussion, and possible action on the annual blanket purchase agreement for various EMS medical supply with Bound Tree Medical, LLC for an estimated annual expenditure of $120,000. 3.5. Presentation, discussion, and possible action regarding Ordinance No. 2020-4205 amending Chapter 38, “Traffic and Vehicles,” Article VI “Traffic Schedules,” Section 38-1014 “Traffic Schedule XIV, No Parking Here to Corner and No Parking Any Time,” of the Code of Ordinances of the City of College Station, Texas, by removing parking on the south side of Cottonwood Terrace Court from around the cul-de-sac to Parmer Creek Court, the south side of Mamma Bear Drive between Holleman Drive South and Towers Parkway, the west side of Papa Bear Drive between Hayes Lane and Mamma Bear Drive, both sides of the Public Alley between the 1000 block of Toledo Bend Drive and the 1100 block of Toledo Bend Drive, both sides of the Public Alley between the 1100 block of Amistad Loop and the 1100 block of Amistad Loop, and both sides of the Public Alley between the 1000 block of Amistad Loop and the 1200 block of Amistad Loop. 3.6. Presentation, discussion, and possible action to authorize expenditure of funds for Fiscal Year 2021 for items exempt from competitive bidding greater than $100,000. 3.7. Presentation, discussion, and possible action as it relates to the appointment of a new member and the re-appointment of a current member, representing the City of College Station, to the Aggieland Humane Society Board. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Crompton, the City Council voted six (6) for and none (0) opposed, to approve the Consent Agenda with the exception of Consent Item 3.2. The motion carried unanimously. Items (3.2) were pulled from Consent for clarification. (3.2): Kelly Kelbly, Interim Director of Parks & Recreation, explained that funds for this project were budgeted through the Memorial Cemetery Funds. Memorial Cemetery funds can only be spent in this cemetery. (3.2) MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Brick, the City Council voted six (6) for and none (0) opposed, to approve the Consent Item 3.2. The motion carried unanimously. 4.REGULAR AGENDA Page 12 of 63 RM082720 Minutes Page 3 4.1. Presentation, discussion, and possible action on Ordinance No. 2020-4206 adopting the City of College Station 2020-2021 Budget; and presentation, discussion, and possible action ratifying the property tax revenue increase reflected in the budget. Mary Ellen Leonard, Finance Director, noted the Council will need to take two actions: 1) consider the FY 2019-2020 proposed budget in the amount of $311,496,184; including proposed revisions of a decrease of $1,125,703; and 2) ratify the property tax revenue increase reflected in the budget. MOTION: Upon a motion made by Councilmember Harvell and a second by Councilmember Brick, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance No. 2020-4206, the proposed FY21 budget for the City of College Station including proposed revisions of a decrease of $1,125,703 for a total proposed budget with revisions of $311,496,184. The motion unanimously carried. MOTION: Upon a motion made by Councilmember Harvell and a second by Mayor Mooney, the City Council voted six (6) for and none (0) opposed, to approve ratifying the property tax increase reflected in the FY21 Budget. The motion unanimously carried. 4.2. Presentation, discussion, and possible action on approval of Ordinance No. 2020-4207 adopting the City of College Station 2020-2021 ad valorem tax rate of $0.534618 per $100 assessed valuation, the debt service portion being $0.216443 per $100 assessed valuation and the operations and maintenance portion being $0.318175 per $100 assessed valuation. Mary Ellen Leonard, Director of Finance, presented the FY 2020-2021 ad valorem tax rate. The proposed tax rate of 53.4618 cents per $100 assessed valuation is the same as the current tax rate. A public hearing on the tax rate was not required because the Council chose to adopt the proposed tax rate of 53.4618 cents per $100 assessed valuation, which is no increase over the FY20 tax rate. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Brick, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance 2020-4207, the FY 2020- 2021 property tax rate to be 53.4618 cents per $100 assessed valuation by the adoption of the proposed tax rate; and the Maintenance and Operations rate be 31.8175 cents per $100 assessed valuation; and the Debt Service rate be 21.6443 cents per $100 assessed valuation. The motion carried unanimously. 4.3. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2020-4208 amending Appendix A, “Unified Development Ordinance," Article 4, "Zoning Districts,” Section 4.2 “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundary from T Townhouse to PDD Planned Development District on approximately 4 acres located at 3914 Alamosa Street, generally located west of Harvey Road and South of Summit Crossing Lane. Jesse Dimeolo, Planning & Development, stated that the applicant has proposed a PDD Planned Development District with a base zoning of GS General Suburban for approximately 4 acres located in the Summit Crossing Subdivision. The rezoning from T Townhouse to PDD is intended to address changes in the market and provide small-lot single-family homes intended as starter homes for families. Mr. Dimeolo also explained that the property can be marketed under the current zoning of T Townhouse which allows for denser single-family attached residences. The applicant is requesting Page 13 of 63 RM082720 Minutes Page 4 the PDD to allow for small-lot detached single-family homes with the intent of marketing these as affordable starter homes for families. Meritorious Modifications Requested The applicant is proposing the following modifications to the GS General Suburban standards: •A reduction in the minimum lot width from 50-feet to 40-feet, •A reduction in the minimum side setback from 7.5-feet to 5-feet •A reduction in the minimum front setback from 25-feet to 20-feet, and •A maximum of 9-dwelling units per acre. The Planning & Zoning Commission heard this item at their August 6, 2020, regular meeting where they voted 6-0 to recommend approval. Staff recommends approval of the rezoning. At approximately 7:40 p.m., Mayor Mooney opened the Public Hearing. Hugo Ibarra, College Station, came before Council to respectfully ask that Council continue to lead the City of College Station in the right direction while supporting local property development's continuity, clarity and predictability. Although affordable starter homes are critical to the community's well-being, he does not believe that changing Summit Crossing's zoning requirements, appearance, and neighborhood integrity in a 4-acre area surrounded by University Drive, Momentum Plaza, Central BCS, Copperfield Drive, and less than 5 miles away from Texas A&M University, is in the best interest of the community, homeowners and investors looking to make business in College Station or future residents wanting to make Aggieland home. In his opinion, allowing changes such as this one based solely on the fact that the proposed starter homes meet General Suburban standards and adjacent neighborhood density, are neither justifiable nor reasonable. There being no comments, the Public Hearing was closed at 7:45 p.m. MOTION: Upon a motion made by Councilmember Nichols and a second by Mayor Mooney, the City Council voted one (1) for and five (5) opposed, with Mayor Mooney and Councilmembers Brick, Crompton, Harvell and Maloney voting against, to adopt Ordinance 2020-4208, amending Appendix A, “Unified Development Ordinance," Article 4, "Zoning Districts,” Section 4.2 “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundary from T Townhouse to PDD Planned Development District on approximately 4 acres located at 3914 Alamosa Street, generally located west of Harvey Road and South of Summit Crossing Lane. The motion failed. 4.4. Presentation, discussion, and possible action regarding Resolution No. 08-27-20-4.4 to support a bid for the 2022 Texas Recreation and Park Society Annual Institute and Expo. Natalie Ruiz, Director of Economic Development, stated that the Texas Recreation and Park Society (TRAPS) is a nonprofit educational and professional organization founded in 1937 to advance the profession of parks, recreation, and leisure services in Texas. The Annual Institute hosts hundreds of attendees, presenters, vendors, and volunteers each year with 80+ educational events, an exhibit hall with vendors from across the nation, and opportunities for Parks and Recreation professionals to network. One part of the bid proposal is a Resolution of Commitment from the College Station City Council. Page 14 of 63 RM082720 Minutes Page 5 MOTION: Upon a motion made by Councilmember Harvell and a second by Councilmember Nichols, the City Council voted six (6) for and none (0) opposed, to adopt Resolution No. 08-27-20- 4.4, to support a bid for the 2022 Texas Recreation and Park Society Annual Institute and Expo. The motion carried unanimously. 4.5. Presentation, discussion, and possible action regarding approval of a contract with JaCody Construction, LP, in the amount of $1,934,233.26 for park improvements at Veterans Park & Athletic Complex. Kelly Kelbly, Interim Director of Parks and Recreation presented Regular Agenda Items 4.5 and 4.6 together. Jacody Construction ($1,934,233.26) Funding Sources Parkland Dedication Community Zone CD & Neighborhood Zone 4 Field Redevelopment Certificates of Obligation Approval Needed 4.6. Presentation, discussion, and possible action regarding approval of Change Order No. 1 to Contract No. 20300576 with JaCody Construction, LP. reducing the contract amount by $271,352.51. Kelly Kelbly, Interim Director of Parks and Recreation, stated that the Veterans Park & Athletic Complex Phase 1B project consists of significant improvements and additions to the amenities and playability of the park. Improved drainage will be one improvement accomplished through this project. Proper and effective drainage has been an ongoing issue in the park, with continual standing water between fields 1-6. In addition, the parking lot in front of the first six fields and the Harvey Rd. entrance will be resolved. A consideration for this approval is increased playability of these fields for our citizens and guests. The failing asphalt roundabouts throughout the park will be improved. The existing roundabouts will be removed, sub graded and curb improved, then poured back with concrete due to the high volume of traffic and sustainability. One of the additions to the park is a second restroom on the Harvey Road side of the park. The location of the new restroom will be located just east of field 5, also known as Merchant Marine field. In addition to the restroom, connector sidewalks will be installed between Fields 1&2, 3&4, and 5&6, which will allow ADA access from the parking lot to the new restroom and between fields. Two new playgrounds, with shade covers and lighting, will be added to the park: the first playground will be located in front of fields 1-6, just west of the existing restrooms; and the second playground will be located in front of field 10, also known as Airman. To round out the list of improvements and additions, a connector sidewalk leading from the parking lot in front of the overflow parking lot to the American Pavilion will be installed, this sidewalk will also connect the current softball parking lot. Kelly Kelbly, Interim Director of Parks and Recreation, stated that this project went to design and bid prior to the economic downturn caused by COVID-19. Amenities that were proposed in design and bid in the original contract included two playgrounds and their associated surfacing, seat walls, walkways and shade canopies. In an effort to remain fiscally diligent, staff has worked with the Page 15 of 63 RM082720 Minutes Page 6 contractor to remove these portions of the project to lower the overall amount of the contract, but continuing with the necessary elements of the project. The change order decreases the contract amount by $271,352.51. The new total amount of the contract is $1,662,880.49. Seeking Approval on Two Items: Award of contract to JaCody Construction $1,934,233.26 Change order to JaCody Construction ($271,352.51); $1,662,880.49 Schedule – mobilize first week of September, completion early spring 2021 (4.5) MOTION: Upon a motion made by Councilmember Crompton and a second by Councilmember Maloney, the City Council voted six (6) for and none (0) opposed, to approve a contract with JaCody Construction, LP., in the amount of $1,934,233.26 for park improvements at Veterans Park & Athletic Complex. The motion carried unanimously. (4.6) MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Crompton, the City Council voted six (6) for and none (0) opposed, to disapprove Change Order No. 1 to Contract No. 20300576 with JaCody Construction, LP., reducing the contract amount by $271,352.51. The motion carried unanimously. 4.7. Presentation, discussion, and possible action regarding Ordinance No. 2020-4209 consenting to and extending the Mayor's renewal of a disaster declaration due to public health emergency. Jeff Capps, Interim City Manager, stated that on August 21, 2020, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020, and July 22. The conditions necessitating the declaration of a state of disaster and mayoral orders continue to exist. The Council needs to consent to and approve the Mayor's Disaster Declaration renewal. MOTION: Upon a motion made by Councilmember Harvell and a second by Councilmember Nichols, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance No. 2020-4209, consenting to and extending the Mayor's renewal of a disaster declaration due to public health emergency. The motion carried unanimously. 5.Presentation, discussion, and possible action on future agenda items and review of standing list of Council generated 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. No future items at this time. 6.Adjournment. There being no further business, Mayor Mooney adjourned the Regular Meeting of the City Council at 8:36 p.m. on Thursday, August 27, 2020. Page 16 of 63 RM082720 Minutes Page 7 ________________________ Karl Mooney, Mayor ATTEST: ___________________________ Tanya Smith, City Secretary Page 17 of 63 JM082820 Minutes Page 1 MINUTES OF THE CITY COUNCIL & P&Z COMMISSION JOINT MEETING CITY OF COLLEGE STATION AUGUST 28, 2020 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Bob Brick John Crompton Linda Harvell John Nichols Dennis Maloney P&Z: Dennis Christiansen, Chair Elizabeth Cunha Bobby Mirza Joe Guerra, Jr. Bill Mather – arrived late City Staff: Jeff Capps, Interim City Manager Jeff Kersten, Assistant City Manager Carla Robinson, City Attorney Tanya Smith, City Secretary Lisa McCracken, Records Management Administrator Jennifer Prochazka, Assistant City Manager Molly Hitchcock, Assistant Planning and Development Director Kristen Hejny, Planning Administrative Support Specialist 1. Call to Order and Announce a Quorum is Present With a quorum present, the Joint Meeting of the College Station City Council and Planning & Zoning Commission was called to order by Mayor Mooney and Commissioner Christensen at 9:05 a.m. on Friday, August 28, 2020 via Teleconference at 1101 Texas Avenue in College Station, Texas. 2. Joint Meeting Agenda 2.1. Presentation, discussion, and possible action on the Next 10 project and the Comprehensive Plan 10-Year Evaluation and Appraisal Report. Alyssa Halle-Schramm, Planning & Development, gave and overview of the draft Comprehensive Plan 10-Year Evaluation and Appraisal Report. The purpose of an Evaluation and Appraisal Report is to serve as a “checkup” by identifying the long range Comprehensive Plan’s successes Page 18 of 63 JM082820 Minutes Page 2 and shortcomings and recommending appropriate modifications in response to changing conditions. College Station’s Comprehensive Plan was adopted in 2009. It is meant to be a “living document” and recommends that the City undertake regular evaluations and updates, including a thorough review every five years. Now 10 years into the plan, the City undertook a major effort to evaluate the plan, consider recent growth and best practices, and identify needed updates to the City’s policies. Jamie Green and Michael Curtis, Next 10, stated that this process began in June of 2019 with stakeholder and focus group interviews and the formation of a Comprehensive Plan Evaluation Committee (CPEC). The CPEC has provided guidance throughout the process and is comprised of three representatives each from the City Council and Planning & Zoning Commission, along with seven citizen representatives. The current draft report is the culmination of many months of staff and CPEC review, analysis, and multiple rounds of community and stakeholder input. The report features a list of potential strategies and actions, contains a set of considerations for future map changes, and summarizes the community and stakeholder input. The report serves to prepare the City for an update to the plan, which will begin following the report’s acceptance. City staff will draft update amendments, which will be made available for public feedback and will go through the public hearing process at future Planning & Zoning Commission and City Council meetings. Formal Comprehensive Plan updates are expected in 2021. This report and its associated appendices: Builds upon the Five-Year Evaluation and Appraisal prepared in 2014 Provides a review of existing conditions and best practices Evaluates plan implementation progress related to the existing goals, strategies, and action items. Incorporates multiple rounds of citizen and stakeholder input to ensure potential plan revisions reflect the community’s vision. Prepares the City for an update to the plan by defining potential modifications to its policies, action items, maps, and structure. The meeting recessed at 10:04 a.m. The meeting resumed at 10:16 a.m. Alyssa Halle-Schramm, Planning & Development and Michael Curtis, Next 10, gave an overview of the Next 10 Evaluation Document Organization. Next 10 Evaluation Document Organization 1.Introduction (purpose, process, existing conditions, past success, themes from input) Refine the Vision and Goals Refine the Future Use Categories Refine the Future Land Use Map Introduce a new Neighborhood Center Category The meeting recessed at 11:28 a.m. The meeting resumed at 12:07 p.m. 2.Big Picture Recommendations (significant proposed updates that address the themes from input) Page 19 of 63 JM082820 Minutes Page 3 Re-evaluate Suburban Commercial and General Commercial locations Prioritize Areas for Future Planning Refine the Thoroughfare plan and Transportation chapter Update the annexation priorities and phasing Add a chapter about Partnerships and Collaboration 3.Recommendations by Chapter (updates specific to existing chapters of the plan including proposed list of actions) Community Character (2) Neighborhood Integrity Chapter (3) The meeting recessed at 1:08 p.m. The meeting resumed at 1:15 p.m. At approximately 1:16 p.m., Mayor Mooney opened for Citizens Comments. Charles Coats, College Station, stated he is with College Station Habitat for Humanity. He briefly explained that he was encouraged by Chapter 3.5 Strategic Action but the section on “Develop and refine data monitoring processes to analyze housing trends and define a strategic set of actions to address housing affordability, diversity, and gentrification.” Mr. Coats expressed that this looks like it’s in the planning process and is afraid the College Station residents will be pushed out because they cannot afford living in College Station. There being no comments, the Citizens Comments was closed at 1:19 p.m. Continuing: 3. Recommendations by Chapter Economic Development Chapter (4) Parks, Greenways and Arts Chapter (5) Jason Schubert, City Engineer, presented: Transportation (Mobility) Chapter (6) Municipal Services and Community Facilities Charter (7) Alyssa Halle-Schramm, Planning & Development. Presented: Growth Management Chapter (8) Partnerships and Collaboration Chapter (9) Implementation 4.Next Steps Possible Acceptance September 17 - Planning and Zoning Commission recommendation September 24 - City Council consideration Plan update process 2020-2021 3. Adjournment. There being no further business, Mayor Mooney and Commissioner Christiansen adjourned the Joint Meeting of the College Station City Council and P&Z Commission at 2:03 p.m. on Friday, August 28, 2020. ________________________ Karl Mooney, Mayor Page 20 of 63 JM082820 Minutes Page 4 ATTEST: _______________________ Tanya Smith, City Secretary Page 21 of 63 September 10, 2020 Item No. 4.2. Annual Padmount Equipment Repair and Restoration Sponsor:Timothy Crabb, Director of Electric Reviewed By CBC:N/A Agenda Caption:Presentation, discussion, and possible action regarding the renewal of contract 19300586 with Utility Restoration Services, Inc. for Annual Padmount Equipment Repair and Restoration in the amount of $321,644.66. Relationship to Strategic Goals: 1.Core Services and Infrastructure Recommendation(s): Staff recommends approval of the contract. Summary: In 2013, College Station Utilities (CSU) began a program designed to extend the life of padmounted electrical equipment such as transformers, junction boxes, and switchgear by addressing issues that can lead to premature failure such as rust, paint, fire ant mounds, weeds, and equipment that is no longer level. This contract will provide the necessary inspections and repair of electric padmounted equipment as funded in the budget. Performing this preventative maintenance on the padmounted equipment will reduce premature failures and the number of devices which have to be replaced each year while providing better customer service by eliminating extended, untimely outages to the customers served from these devices. On August 22, 2019, contract 19300586 was awarded to Utility Restoration Services, Inc. This is the first of two possible renewals of this contract. Budget & Financial Summary: Funds are budgeted and available in the Electric Capital Improvement Project Budget. Reviewed & Approved by Legal: No Attachments: 1.19300586R1 Utility Restoration Inc letter 072820 Page 22 of 63 July 28, 2020 ATTN: Mr. George Combs Utility Restoration Services, Inc. 301 N. Austin St. Ste 402 Sequin, TX 78155 RE: Bid#19-069 Contract #19300586- Renewal #1 Annual Pad Mount Equipment Repair & Restoration Dear Mr. Combs, The City of College Station appreciates the services provided by Utility Restoration Services, Inc., this past year. We would like to exercise our option to renew the above referenced agreement for the term of October1, 2020 through September 30, 2021 with a contract amount of Three Hundred Twenty-One Thousand, Six Hundred Forty-Four and 66/100 dollars ($321,644.66). This is the first renewal of two possible renewals for the new contract. If this meets with your company’s approval, please complete the following renewal agreement and return it no later than August 10, 2020 via e-mail to rforsyth@cstx.gov. A follow up letter for contractual purposes will be sent for electronic signature, via Docusign on or before the September 10, 2020, City Council Meeting. Attachment C#19300586 Renewal 1 1 Page 23 of 63 CONTRACT # 19300586 RENEWAL 1 ACCEPTANCE As indicated by the signatures below, the Parties acknowledge and agree to Contract #19300586, Renewal #1 Annual Pad Mount Equipment Repair and Restoration in accordance with all terms and conditions previously agreed to and accepted in the new contract, for an amount not to exceed Three Hundred Twenty-One Thousand, Six Hundred Forty-Four and 66/100 dollars ($321,644.66). Utility Restoration Services’ contract renewal will become effective October 1, 2020, upon City Council review, approval and execution of this renewal to contract #19300586 on September 27, 2020. The Parties understand that this renewal term will be for the period beginning October 1, 2020 through September 30, 2021. This is the first renewal of two possible renewals for the new contract. UTILITY RESTORATION SERVICES INC. CITY OF COLLEGE STATION By: By: Printed Name: City Manager Title: Date: ________________ Date: APPROVED: City Attorney Date: _____________ Asst. City Manager/CFO Date: _____________ C#19300586 Renewal 1 2 Page 24 of 63 C#19300586 Renewal 1 3 Page 25 of 63 C#19300586 Renewal 1 4 Page 26 of 63 08/04/2020 Cozad Insurance Group 619 Chase Dr. Tyler TX 75701 Scott Arnold (903) 561-0181 (903) 561-1085 scott@cozadins.com Utility Restoration Services, Inc. 420 B N. Bowie St. Seguin TX 78155 Cincinnati Insurance Company 10677 Travelers Property Casualty Ins Co 36161 Texas Mutual Insurance Company CL2051303890 A Y EPP 0439084 05/20/2020 05/20/2021 1,000,000 500,000 10,000 1,000,000 2,000,000 2,000,000 A Y EBA 0439084 05/20/2020 05/20/2021 1,000,000 Included Uninsured motorist property damage 1,000,000 A Y EPP 0439084 05/20/2020 05/20/2021 5,000,000 5,000,000 C N 0001287682 05/20/2020 05/20/2021 1,000,000 1,000,000 1,000,000 B Excess Liability Y ZUP-15T84442-20-NF 05/20/2020 05/20/2021 Each Occurrence 5,000,000 Aggregate 5,000,000 Electrical Apparatus - Servicing, Repair or install - NOC Certificate Holder is Additional Insured as required by written contract and Waiver of Subrogation where required by written contract as respects General Liability, Auto, and Excess. Primary and non-contributory wording are included in the General Liability, Auto and Excess Liability policies. Blanket Waiver of Subrogation as required by written contract is applicable to the General Liability, Auto, Excess and Workers Compensation policies. City of College Station P. O. Box 9960 College Station TX 77842 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY Page 27 of 63 September 10, 2020 Item No. 4.3. Technology services contract between the City of College Station and Tyler Technologies, Inc. in the amount of $657,160 for Incode municipal court case management software Sponsor:Sindhu Menon, Director of Information Technologies Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on a five (5) year technology services contract with Tyler Technologies, Inc. for $657,160 for the Incode municipal court case management software implementation, licensing and maintenance and support services. Relationship to Strategic Goals: Good Governance Financial Sustainability Core Services & Infrastructure Sustainable City Recommendation(s): Staff respectfully recommends approval of the technology services contract with Tyler Technologies, Inc. Summary: Municipal Court personnel currently utilizes a court case management software system called Judicial Enforcement Management System (JEMS) to coordinate and automate all phases of court operations. It is essential to replace this software system as it is no longer being supported by the developer which presents a high risk for loss of data, system failure and security vulnerabilities. In November 2019, Purchasing staff formally solicited proposals for a municipal court case management software system to replace the existing software system. Four (4) responses were received and evaluated by a committee made up of personnel from Municipal Court, Information Technology and Fiscal Services. Upon final evaluation and scoring of all proposals, Tyler Technologies, Inc. is determined to be the highest ranking firm offering the best court case management software solution. Under this contract, Tyler Technologies, Inc. will furnish, deliver, install, implement, license and provide support maintenance for the municipal court case management software system known as Incode. The term of the contract shall be for five (5) years from the effective date of the contract. Contingent upon budget approval and mutual consent of both parties, the contract may be renewed on an annual basis, under the same terms and conditions, for up to two (2) additional years (seven (7) years total). Budget & Financial Summary: Funding for this software totaling $428,000 was appropriated in the Court Technology Fund in FY20. In addition, there is a credit available from Tyler Technologies for $239,736 from the cancellation of the Utility Billing software that will be utilized for license fees. Page 28 of 63 Therefore, the amount appropriated should be sufficient, including contingency. Reviewed & Approved by Legal: No Attachments: 1.Contract is on file with the College Station City Secretary Page 29 of 63 Contract is on file with the College Station City Secretary’s Office. Page 30 of 63 September 10, 2020 Item No. 5.1. Ordinance vacating and abandoning a 4382 sq. foot portion of a 20-foot wide Public Utility Easement referred to as Easement 1, and an additional 4382 sq. foot portion of a separate 20- foot wide Public Utility Easement referred to as Easement 2, lying within Lot 1, Block 1 of the Letbetter Subdivision. Sponsor:Debbie Stickles Reviewed By CBC:City Council Agenda Caption:Public Hearing, presentation, discussion, and possible action approving an ordinance vacating and abandoning a 4382 sq. foot portion of a 20-foot wide Public Utility Easement referred to as Easement 1, and an additional 4382 sq. foot portion of a 20-foot wide Public Utility Easement referred to as Easement 2, lying within Lot 1, Block 1 of the Letbetter Subdivision, Phase 1, Morgan Lector League A-46, according to the plat recorded in Volume 9980, Page 179, of the Official Records of Brazos County, Texas. Relationship to Strategic Goals: • Core Services and Infrastructure • Diverse & Growing Economy Recommendation(s): Staff recommends approval of the abandonment. Summary: The public utility easement abandonment is being requested by the applicant as a result of encumbrances experienced with the site plan of Holy Cross Lutheran Church. All utilities within the easement have been abandoned, removed and rerouted to accommodate development on the subject property. The 10-foot wide Public Utility Easement, located along southwest border of the parcel, was utilized for the re-routing of utilities. Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: 1.1 - Ordinance (Combined) 2.2 - Exhibit A 3.3 - Vicinity Map 4.4 - Location Map 5.5 - Application Page 31 of 63 Ordinance Form 8-14-17 ORDINANCE NO. _________________ AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 4382 SQUARE FOOT PORTION OF THE 20-FOOT WIDTH PUBLIC UTILITY EASEMENT, SAID PORTION LYING ALONG THE CENTER OF THE PROPERTY OF LOT 1, OF THE LETBETTER SUBDIVISION PHASE 1, ACCORDING TO THE EASEMENT RECORDED IN VOLUME 518, PAGE 235 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS, REFERRED TO AS EASEMENT 1, AND AN ADJACENT 4382 SQUARE FOOT PORTION OF THE 20-FOOT WIDTH PUBLIC UTILITY EASEMENT, SAID PORTION LYING ALONG THE CENTER OF THE PROPERTY OF LOT 1, OF THE LETBETTER SUBDIVISION PHASE 1, ACCORDING TO THE EASEMENT RECORDED IN VOLUME 358, PAGE 291 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS REFERRED TO AS EASEMENT 2. WHEREAS, the City of College Station, Texas, has received an application for the vacation and abandonment of a portion of the 20-foot width Public Utility Easement, said portion lying along the center of the property of Lot 1, of the Letbetter Subdivision Phase 1, according to the easement recorded in Volume 518, Page 235, of the Official Records of Brazos County, Texas, referred to as Easement 1, as described in Exhibit “A”, attached hereto (such portion hereinafter referred to as the “Public Utility Easement”); and the adjacent portion of a separate 20-foot width Public Utility Easement, said portion lying along the center of the property line of Lot 1, of the Letbetter Subdivision Phase 1, according to the easement recorded in Volume 358, Page 291, of the Official Records of Brazos County, Texas, referred to as Easement 2, as described in Exhibit “A”, attached hereto (such portion hereinafter referred to as the “Public Utility Easement”); and WHEREAS, in order for the portions of the Public Utility Easements 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 portions of the Public Utility Easements described in Exhibit “A” attached hereto and made a part of this ordinance for all purposes. 1.Abandonment of the Public Utility Easements will not result in property that does not have access to public roadways or utilities. 2.There is no public need or use for the Public Utility Easements. 3.There is no anticipated future public need or use for the Public Utility Easements. Page 32 of 63 ORDINANCE NO. ____________Page 2 of 2 Ordinance Form 8-14-17 4.Abandonment of the Public Utility Easements will not impact access for all public utilities to serve current and future customers. PART 2:That the Public Utility Easements as described in Exhibit “A” be abandoned and vacated by the City. PASSED, ADOPTED and APPROVED this _______ day of _________________, 20__. ATTEST:APPROVED: __________________________________________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 33 of 63 Easement 1 Page 34 of 63 Easement 1Page 35 of 63 Easement 2 Page 36 of 63 Easement 2Page 37 of 63 Page 38 of 63 Easement 1 Easement 2 Page 39 of 63 Page 40 of 63 Page 41 of 63 Page 42 of 63 Page 43 of 63 Easement 1 Page 44 of 63 Easement 2 Page 45 of 63 Page 46 of 63 Easement 1Page 47 of 63 Easement 2Page 48 of 63 Page 49 of 63 Application for Abandonment of a Public Right-of-Way / Easement Location: Lot 1, Block 1, Ledbetter Phase 1 EXHIBIT NO.4 The undersigned, City staff of the City of College Station, certify that they have carefully considered the Application for Abandonment of the public right-of-way/easement referred to above the standpoint of City of College Station ordinances and with respect to resent and future needs of the City of College Station and see no objection to the requested abandonment from the City’s standpoint. X City Engineer City of College Station X Building Official City of College Station X Zoning Official City of College Station X Fire Marshal City of College Station X Elecrtic Department City of College Station X Water Services Department City of College Station X Public Works Director City of College Station Page 50 of 63 Page 51 of 63 September 10, 2020 Item No. 5.2. Public Hearing, presentation, discussion, and possible action regarding an ordinance amendment to Appendix A, “Unified Development Ordinance,” Article 3, "Development Review Procedures," Section 3.2.G.2, “Specific Notice Requirements,” of the Code of Ordinances of the City of College Station, Texas, regarding replat notification. Sponsor:Molly Hitchcock, Assistant Director of Planning and Development Reviewed By CBC:Planning & Zoning Commission Agenda Caption:Public Hearing, presentation, discussion, and possible action regarding an ordinance amendment to Appendix A, “Unified Development Ordinance,” Article 3, "Development Review Procedures," Section 3.2.G.2, “Specific Notice Requirements,” of the Code of Ordinances of the City of College Station, Texas, regarding replat notification. Relationship to Strategic Goals: • Good Governance • Core Services and Infrastructure Recommendation(s): The Planning & Zoning Commission will hear this item on September 3, 2020. A written Final Report of the Commission will be provided to the City Council. Staff recommends approval. Summary: Plat approvals are intended to be ministerial actions and unless waivers or exceptions are requested, the state statute requires that a plat that meets all City standards be approved. In an attempt to expedite the subdivision platting process, the 86th Texas Legislature passed H.B. 3167, which included a new notification process for certain replats that meet all City standards—providing a notice of plat approval to surrounding property owners in lieu of holding a public hearing. The proposed Unified Development Ordinance amendment adds the option to provide mailed notice of replat approval to surrounding property owners in accordance with state statute. Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: 1.Ordinance Page 52 of 63 Ordinance Form 8-14-17 ORDINANCE NO. ____________ AN ORDINANCE AMENDING APPENDIX A, “UNIFIED DEVELOPMENT ORDINANCE,” ARTICLE 3, “DEVELOPMENT REVIEW PROCEDURES,” SECTION 2, “GENERAL APPROVAL PROCEDURES,” SUBSECTION G.2, “SPECIFIC NOTICE REQUIREMENTS,” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY ADDING A SUBSECTION RELATED TO MAILED NOTICE OF APPROVAL; PROVIDING A SEVERABILITY CLAUSE; 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 Appendix A, “Unified Development Ordinance,” Article 3, “Development Review Procedures,” Section 2, “General Approval Procedures,” Subsection G.2, “Specific Notice Requirements,” 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:If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas, that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3:That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance 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) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4:This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. Page 53 of 63 ORDINANCE NO. ___________Page 2 of 3 Ordinance Form 8-14-17 PASSED, ADOPTED and APPROVED this ________ day of _____________________, 20__. ATTEST:APPROVED: __________________________________________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 54 of 63 ORDINANCE NO. ___________Page 3 of 3 Ordinance Form 8-14-17 Exhibit A That Appendix A, “Unified Development Ordinance,” Article 3, “Development Review Procedures,” Section 2, “General Approval Procedures,” Subsection G.2, “Specific Notice Requirements,” of the Code of Ordinances of the City of College Station, Texas, is hereby amended by adding Subsection d, “Mailed Notice of Approval Requirements,” to read as follows: “d.Mailed Notice of Approval Requirements. As required per the Texas Local Government Code for certain replats, such a replat that does not have a public hearing shall provide notice of approval to owners of record (as indicated by the most recently approved municipal or county tax roll) of lots in the original subdivision that are within two hundred (200) feet of the lots to be replatted. The notification shall be mailed no later than the fifteenth (15th) day after the replat is approved. The notice must include the zoning designation of the property after the replat and a telephone number and e-mail address an owner of a lot may use to contact the municipality about the replat.” Page 55 of 63 September 10, 2020 Item No. 5.3. Type D Hot Mix Asphalt Concrete Sponsor:Donald Harmon, Director of Public Works Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding the approval of annual price agreements for the purchase of Type D Hot Mix Asphalt to be picked up by City Crews or to be delivered to the job site as requested for street maintenance to Knife River Corp for $1,400,000 and BPI Materials LLC for $600,000. The total annual not to exceed expenditure is $2,000,000. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends approval of the annual price agreements. Summary: On July 2, 2020, in response to bid #20-060, the City received three competitive sealed bids for the purchase of Type D Hot Mix Asphalt Concrete to be picked up by city crews or delivered to specific job sites. Knife River was the lowest responsible bidder and was recommended for a primary award. Pricing is for an estimated 15,000 tons at $55.95 per ton to be picked up by city crews and an estimated 10,000 tons at $59.95 per ton to be delivered to the job site for a total not-to-exceed amount of $1,400,000. Any after-hours or emergency start-up costs will be paid from this not-to-exceed amount. This price agreement is for one (1) year and will have two (2) additional one (1) year renewal terms. BPI Materials, LLC is being recommended for a secondary award of an annual price agreement of 5,000 tons at $58.50 per ton to be picked up by city crews and an estimated 4,500 tons at $64.50 per ton to be delivered to the job site for a total not-to-exceed amount of $600,000. This award will provide an alternate source of Type D Hot Mix when Knife River cannot supply the City’s asphalt due to plant downtime. Any after-hours or emergency start-up costs will be paid from this not-to-exceed amount. This price agreement is for one (1) year and will have two (2) additional one (1) year renewal terms. Budget & Financial Summary: Funds are budgeted and available in the Roadway Maintenance Fund. Reviewed & Approved by Legal: No Attachments: 1.Contract on file with the City Secretary's Office Page 56 of 63 1.Contracts on file with the City Secretary’s Office Page 57 of 63 September 10, 2020 Item No. 5.4. Lick Creek Trunkline Change Order 3 Sponsor:Emily Fisher, Assistant Director of Public Works Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding approval for Ratification and Change Order No. 3 in the amount of $571,314.94 for the Lick Creek Trunk Line construction contract with Thalle Construction Company, Inc. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends approval Summary: This ratification and change order includes irrigation work completed on the Pebble Creek Golf Course. During the design phase of the project, the city agreed to repair and replace irrigation along the golf course that was in conflict with the installation of the trunk line. The city also agreed to only work within the golf course between the months of November and February, when irrigation demands are lowest. The golf course did not have reliable sets of records detailing where water lines, sprinkler heads, and valves were located. Because of this, it was decided to use a contractor allowance to cover removing and replacing the irrigation. The work needed to remove and replace the irrigation was more extensive than originally planned and because of the time constraint to finish the work along the golf course, the contractor continued to repair irrigation beyond the $50,000 contractual allowance. When all irrigation work was complete, the city reviewed the actual time and materials used for the project. After this review, it was determined that the irrigation repair cost a total of $600,678.54. Adjusting for the $50,000 allowance that was a part of the contract, the total add to the contract amount is $550,678.54, or approximately 5% of the original contract amount. This change order also includes additional hydro-mulching to be used in Lick Creek Park as part of the restoration as well as additional sod. There is also a relocation of a previously unknown sewer connection and the repair of an existing water line. Budget & Financial Summary: Budget in the amount of $14,130,698 is included for this project in the Wastewater Capital Improvement Projects Fund. A total of $13,515,442 has been expended or committed to date, leaving a balance of $615,256 for this change order and remaining expenditures. Reviewed & Approved by Legal: No Attachments: 1.Copy of Lick Creek Change Order No. 3(revised) 2.Location Map Page 58 of 63 CHANGE ORDER NO. 3 DATE: 8-19-2020 Contract No. 19300406 P.O. # 19203692 PROJECT: Lick Creek Trunkline Funded in Whole/Part w CO's Y/N OWNER:CONTRACTOR:Thalle Construction Company, Inc City of College Station 900 NC Hwy 86 N P.O. Box 9960 Hillsborough, NC 27278 College Station, Texas 77842 PH:919-241-1607 FAX: PURPOSE OF THIS CHANGE ORDER: 53 LS Additional Irrigation 1.00$ 50,000 600678.54 550,678.54$ LS Hydro-Mulch Seeding Change (In Lick Creek Park)6,356.57$ - 1 6,356.57$ LS Additional Sod 4,979.83$ - 1 4,979.83$ LS Tie in 6" sanitary 2,800.00$ - 1 2,800.00$ LS 8-inch Waterline repair 6,500.00$ - 1 6,500.00$ -$ -$ -$ -$ -$ Total 571,314.94$ Line-OBJ: SCWOC- 6590 571,314.94$ TOTAL CHANGE ORDER 571,314.94$ ORIGINAL CONTRACT AMOUNT 10,932,672.50$ CHANGE ORDER NO.1 31,025.65$ 0.28%Change CHANGE ORDER NO.2 273,243.41$ 2.50%Change CHANGE ORDER NO. 3 571,314.94$ 5.23%Change REVISED CONTRACT AMOUNT 11,808,256.50$ 8.01%Total Change ORIGINAL CONTRACT TIME 510 Days TIME EXTENSION NO. 1 39 Days REVISED CONTRACT TIME 549 Days SUBSTANTIAL COMPLETION DATE 30-Sep-20 REVISED SUBSTANTIAL COMPLETION DATE 8-Nov-20 APPROVED _____________________________________________________________________________________ A/E CONTRACTOR Date CHIEF FINANCIAL OFFICER Date _____________________________________________________________________________________ CONSTRUCTION CONTRACTOR Date CITY ATTORNEY Date _____________________________________________________________________________________ PROJECT MANAGER Date CITY MANAGER Date ___________________________________________ CITY ENGINEER Date ___________________________________________ DEPARTMENT DIRECTOR Date THE NET AFFECT OF THIS CHANGE ORDER IS 8.01% INCREASE. DESCRIPTIONUNITITEM NO.UNIT PRICE ORIGINAL QUANTITY REVISED QUANTITY ADDED COST This change order adds work for additional irrigation repair on the golf course. It also includes a change in the hydro-mulch seeding to be used within Lick Creek Park. The change order also adds sod, includes a tie in of a previously unknown 6-inch sanitary service and the repair of a 8-inch water line leak. Page 59 of 63 Page 60 of 63 September 10, 2020 Item No. 5.5. BVSWMA Appointment Sponsor:Tanya Smith, City Secretary Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding an appointment to the Brazos Valley Solid Waste Management Agency, Inc Board of Directors. Relationship to Strategic Goals: Good Governance Recommendation(s): None Summary: Rick Floyd served as one of College Station's three appointments to the BVSWMA Board of Directors. Mr. Floyd resigned in January 2020. This vacancy on the BVSWMA Board needs to be filled, and the term of that position would have otherwise expired this year. This will be a 3-year term when filled. Budget & Financial Summary: None Reviewed & Approved by Legal: No Attachments: 1.Ltr Cities BVSWMA BoD 2020 Page 61 of 63 Page 62 of 63 Page 63 of 63