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HomeMy WebLinkAbout06/24/2010 - Regular Minutes City CouncilMayor Nancy Berry Mayor Pro Tem John Crompton City Manager Glenn Brown Crim oF C<>>S'rxrioN Home of Texas 4e—m University Minutes City Council Regular Meeting Thursday, June 24, 2010 at 7:00 pm City Hall Council Chambers, 1101 Texas Avenue College Station, Texas Council members Jess Fields Dennis Maloney Katy -Marie Lyles Dave Ruesink COUNCIL PRESENT: Mayor Nancy Berry, Mayor Pro Tem Crompton, Council members Maloney, Fields, Lyles and Ruesink STAFF PRESENT: City Manager Brown, Assistant City Manager Merrill, Assistant City Manager Neeley, City Secretary Hooks, Deputy City Secretary McNutt, City Attorney Cargill, Jr., Management Team L Pledge of Allegiance, Invocation, Consider absence request. Mayor Berry opened the meeting at 7:20 pm. A moment of silence was held in memory of former Council member Larry Stewart. She led the audience in the pledge of allegiance. Fire Chief R.B. Alley provided the invocation. a. Hear Visitors Chris Scotti, Executive Director of Northgate Merchants Association spoke on the Northgate Parking Assessment and Plan. 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. Approved minutes for City Council meetings on June 10, 2010. b. Approved amendment to Contract #08-245 to KEMA Inc. for $43,000.00. This includes $25,000.00 for consultation services in complying with additional North American Electric Reliability Corporation (NERC) and Texas Regional Entity (TRE) requirements and to provide monitoring and support services for the compliance program and $18,000.00 to perform a Vulnerability Assessment of the Electric Department facilities for cyber and physical security. c. Approved Resolution No. 06-24-10-2c appointing Mayor Nancy Berry as Emergency Management Director and Brian Hilton as the Emergency Management Coordinator for the city. Page 12 City Council Regular Minutes Thursday, June 24, 2010 d. Approved Resolution No. 06-24-10-2d on a construction contract with Bayer Construction in the amount of $180,822 for lighting upgrades (LED lights to replace metal halide lights) at Stephen C. Beachy Central Park and Veterans Park and Athletic Complex, GG -1012 and GG -1013. e. Approved amendment to the Update and Support Agreement and License Agreement with Azteca Systems, Inc. approved by Council on December 9, 1999 which amends the covered products. This amendment will reduce the maintenance budget, starting in 2010 by $4985.00 annually. f. Approved Ordinance No. 2010-3250 amending Chapter 10, Section 3E (2)(i)(10), of the College Station Code of Ordinances changing the posted speed limit on the section of Rock Prairie Road between Stonebrook Drive and William D. Fitch Parkway from 50 mph to 40 mph. g. Approved Resolution No. 06-24-10-2g to secure 22 Wetland Mitigation Credits from OXBOW Investments, Inc. in the amount of $318,775.00 for the BVSWMA Twin Oaks Landfill Project. h. Approved a ratification of an expenditure of $72,188.65 to Rush Equipment Centers of Texas, Inc, for heavy equipment repair services for fire related damage to the BVSWMA's 1050 Dozer. i. Approved Resolution No. 06-24-10-2i for construction contract (Contract No.10-202) with Acklam Construction Co., Ltd., in the amount of $204,749.60 for the Discovery Drive Phase II Sidewalks and Traffic Signal project. J• Approved Resolution No. 06-24-10-21 authorizing City staff to negotiate for the purchase of land necessary for the installation of a lift station to provide wastewater service to the region generally located north of FM 60 (Raymond Stotzer Parkway) and west of FM 2818 (Harvey Mitchell Parkway). k. Approved Resolution No. 06-24-10-2k to terminate a Professional Services Contract, 03-138, with Freese & Nichols, Inc. in the amount of $407,000 for the design and construction phase services for the Water Service Extension Project. 1. Approved Resolution No. 06-24-10-2L to provide an exception to Policy to allow Mr. Lon Painter to construct sewer infrastructure necessary to connect his home to the City sewer system. m. Approved change order to a construction contract (Contract No.10-050) with Brazos Valley Services in the amount of $34,632.00 for the Nantucket Gravity Sewer Line project. n. Approved Resolution No. 06-24-10-2n awarding the professional services contract (Contract No. 10-213) to Mitchell & Morgan in the amount not to exceed $110,500 for the engineering design services for the FM 2154 Utility Relocation Phase II Project (WF0613546). o. Approved Resolution No. 06-24-10-2o award of Bid#10-65 to lowest responsible bidder Structural Steel Products Inc of Fort Worth in the amount of $54,879 for the purchase of Traffic Signal poles and mast anus. These items will be installed at the intersections of Barron Road at W. D. Fitch (SH 40) and Victoria Avenue. Page 13 City Council Regular Minutes Thursday, June 24, 2010 p. Approved the settlement Agreement with the Wellborn Special Utilities District regarding water service areas from the 2002 annexation. q. Approved May 2010 monthly report on irrigation water use at City of College Station facilities and properties. r. Approved Solid Waste Facilities Operations Agreement among the City of Bryan, Texas, the City of College Station, Texas, and Brazos Valley Solid Waste Management Agency, Inc. Council member Lyles moved to approve consent items 2a thru 2r. Council member Fields seconded the motion, which carried 7 - 0. Council member Maloney abstained from items 2g, 2h, and 2r. FOR: Mayor Berry, Mayor Pro Tem Crompton, Fields, Maloney, Lyles and Ruesink AGAINST: None ABSTAINED Consent items 2g, 2h & 2r: Council member Maloney Note: The items below were not discussed in order of agenda. 1. Public hearing, presentation, possible action and discussion regarding a resolution approving a plan to enhance pedestrian safety along University Drive between Wellborn Road and Tauber Street. Mark Smith, Director of Public Works Mr. Smith presented an overview of the history of this pedestrian safety plan. He emphasized that pedestrian safety is a top priority of the City, TAMU and TxDOT. In 1996, City closed Patricia Street in order to provide a safe space for pedestrians in an effort to move crowds off University Drive. Since that time, the area has experienced growth with the city parking garage, new businesses and residential developments. This proposal is a collaborative effort between the City, TxDOT and TAMU and efforts were accelerated because this area has the highest concentration of pedestrians and the second busiest street, University Drive. Bob Appleton, Director of Planning and Development of Texas Department of Transportation presented the proposed design of this project and funding sources. He stated that numerous meetings were held with officials and stakeholders. College Station Police Chief Jeff Capps explained his concerns about pedestrian safety. He presented videos of accidents during busy hours in the area. Staff recommended that Council approve the resolution. This recommendation is strongly supported by officials at Texas A&M University as well as the College Station Police and Fire Departments. At 8:15 pm, Mayor Berry called for a brief recess. Council returned at 8:21 p.m. Page 14 City Council Regular Minutes Thursday, June 24, 2010 Mayor Berry opened the public hearing. The following persons addressed the Council on this matter. Citizens against road closure: Chris Scotti, 8801 Gettysburg, Executive Director of Northgate Merchants Association John Raney, owner of Texas Aggie Bookstore Don Hackney, 329 University Robert Forest, 109 College Main Citizens in favor of road closure: Jean Marie Leinhart James Massey, former Council member Bob Strauser, TAMU Joe Weber, TAMU VP Student Affairs Kevin Stoga, 1028 Remington, Pop Belly's Manager Mayor Berry closed the public hearing. Council member Maloney moved to approve staff recommendation to permanently close College Main, with the exception of loading and unloading parking only during certain hours with the consent of property owners, and eliminate parallel parking. Council member Ruesink seconded the motion. Council noted that the bollards were retractable. Council member Fields made an amendment to the motion to provide for one hour free parking at the surface parking lot. Council member Lyles seconded the motion, which failed 3 - 3. FOR: Council members Fields, Ruesink, Lyles AGAINST: Mayor Berry, Mayor Pro Tem Crompton, Council member Maloney Original motion carried 6-0. FOR: Mayor Berry, Mayor Pro Tem Crompton, Fields, Maloney, Lyles and Ruesink AGAINST: None Mayor Berry called for recess at 9:45 pm. Council returned to the meeting at 9:55 pm. 6. Public hearing, presentation, possible action and discussion of an ordinance amending Chapter 10 "Traffic Code", to remove parking on one side of Pasler Street. Troy Rother, Assistant City Engineer presented an ordinance for the removal of parking from the west side of Pasler Street. Mayor Berry opened the public hearing. The following residents spoke in favor of the ordinance. Page I5 City Council Regular Minutes Thursday, June 24, 2010 Marcia Smith, 803 Pasler — need to widen streets Onie Holmes, 616 Pasler — reduce speed limit Cynthia Sayers, 803 Pasler — need more lighting. Council encouraged the homeowners to meet with Barbara Moore, Neighborhood Services Coordinator regarding the formation of a homeowners association. Mayor Berry closed the public hearing. Council member Lyles moved to approve Ordinance No. 2010-3251 as presented to remove parking from the west side of Pasler Street. Council member Fields seconded the motion, which carried 6 - 0. FOR: Mayor Berry, Mayor Pro Tem Crompton, Fields, Maloney, Lyles and Ruesink AGAINST: None 7. Public hearing, presentation, possible action and discussion of an ordinance amending Chapter 10 "Traffic Code", to remove parking along the streets in the Steeplechase Haven Subdivision. Troy Rother, Assistant City Engineer presented an ordinance to remove parking along the streets in Steeplechase Haven subdivision located along Navarro Drive between Wellborn Road and Welsh Avenue. Mr. Rother explained due to the higher density land usage in this subdivision, on -street parking along the streets is such that it is difficult for an emergency vehicle to travel through. The city's Traffic Management Team discussed this item and recommended that parking be removed from one side of the street, to further improve emergency response time. Mayor Berry opened the public hearing. No one spoke. She closed the public hearing. Council member Maloney moved to approve Ordinance No. 2010-3252 to amend Chapter 10, "Traffic Code," to remove parking along the streets in the Steeplechase Haven Subdivision. Council member Ruesink seconded the motion, which carried 6 - 0. FOR: Mayor Berry, Mayor Pro Tem Crompton, Fields, Maloney, Lyles and Ruesink AGAINST: None 2. Presentation, possible action and discussion regarding ratification of a renewal of Contract 10- 093 with N -Line Traffic Maintenance for the deployment and take down of Northgate pedestrian/traffic safety devices. The amount for the renewed contract will not exceed $43,200 for the term of June 3, 2010 through August 29, 2010 at $2,700 per week. Mark Smith, Director of Public Works presented a brief overview of the Northgate Pedestrian Safety Project that began during the Fall Semester of 2009 with a contract for $48,000 with N -Line to close College Main and provide one-way traffic on Lodge and Patricia during high volume pedestrian and vehicular traffic Staff recommended ratifying the renewal of the contract for the summer of 2010, while a more permanent solution is being developed. The Police Department requested the project Page 16 City Council Regular Minutes Thursday, June 24, 2010 continue during the summer as both pedestrians and drivers have become accustomed to the separation provided by the project on high density weekends. Council member Fields moved to approve the renewal contract for Northgate Pedestrian Safety Project. Council member Lyles seconded the motion, which carried 6 - 0. FOR: Mayor Berry, Mayor Pro Tem Crompton, Fields, Maloney, Lyles and Ruesink AGAINST: None 3. Public hearing, presentation, possible action, and discussion regarding an amendment to Chapter 12, "Unified Development Ordinance", Section 4.2, "Official Zoning Map" of the Code of Ordinances of the City of College Station, Texas by rezoning 19.749 acres located at 529 William D. Fitch Parkway from R-1 Single -Family Residential and A -O Agricultural - Open to C-1 General Commercial, A -P Administrative -Professional, and R-4 Multi -Family. Jason Schubert, Senior Planner presented an ordinance rezoning 19.749 acres located at 529 William D. Fitch Parkway from R-1 Single -Family Residential and A -O Agricultural -Open to C-1 General Commercial, A -P Administrative -Professional, and R-4 Multi -Family. Staff and the P&Z Commission recommended denial. Mayor Berry opened the public hearing. Citizens against Rezoning Ordinance: Donna Bachman, 4203 Rocky Creek Trail Mary Kenninger, 4233 Little Rock Court Bill Biggs, 4205 Rocky Creek Trail Susan Reynolds, 4232 Little Rock Court Barbara Heath, 4236 Rocky Road Cathy Richardson, 4281 Hollow Stone Citizen in favor of Rezoning Ordinance: Joe Schultz, 3208 Innsbruck — engineer for applicant Wallace Phillips, 13720 Hopes Creek Road, applicant Mayor Berry closed the public hearing. Council member Crompton moved to deny the rezoning request located at 529 William D. Fitch Parkway. Council member Maloney seconded the motion, which carried 6 - 0. FOR: Mayor Berry, Mayor Pro Tem Crompton, Fields, Maloney, Lyles and Ruesink AGAINST: None 4. Public hearing, presentation, possible action, and discussion on the Annual Review of the Unified Development Ordinance (UDO) and the Annual Review of the Comprehensive Plan. Item was pulled for future agenda. Page I7 City Council Regular Minutes Thursday, June 24, 2010 Mayor Berry called for recess at 11:32 p.m. Council returned to meeting at 11:41 pm. 5. Public hearing, presentation, possible action, and discussion regarding a Comprehensive Plan Land Use Amendment of 92.58 acres from General Suburban to Urban for the property located at 3100 Haupt Road, generally located between Old Wellborn Road and Jones -Butler Road, north of the terminus of General Parkway. Jason Schubert, Senior Planner described the rezoning request of 92.58 acres from General Suburban to Urban for the property located at 3100 Haupt Road. He noted the request was inconsistent with the goals and strategies of the Comprehensive Plan. Staff and the P&Z Commission recommended denial. Mayor Berry opened the public hearing. Wallace Phillips, applicant, 13720 Hopes Creek stated that sewer is the only infrastructure that the City will have to provide and he is willing to pay impact fees to fix the sewer issues. Chuck Ellison, 2902 Camille Dr, represented the property owners adjacent to this property. He expressed concerns about the impact of proposed rezoning in the area. Mayor Berry closed the public hearing. Mayor Pro Tem Crompton moved to deny the rezoning request as presented. Council member Lyles seconded the motion, which carried 6 - 0. FOR: Mayor Berry, Mayor Pro Tem Crompton, Fields, Maloney, Lyles and Ruesink AGAINST: None 8. Public hearing, presentation, possible action, and discussion on an ordinance amending Chapter 12, "Unified Development Ordinance," Section 6.4.E, "Portable Storage Structures" of the Code of Ordinances of the City of College Station, Texas related to the permitting placement and screening of portable storage structures. Jason Schubert, Senior Planner described the proposed amendment to Chapter 12, "Unified Development Ordinance," Section 6.4.E, "Portable Storage Structures" related to the permitting, placement and screening of portable storage structures. Staff and the P&Z Commission recommended approval and adjusted the proposed ordinance accordingly. Mayor Ben -y opened the public hearing. No one spoke. She closed the public hearing. Council member Lyles moved to approve Ordinance No. 2010-3253 amending the UDO on portable storage structures with staff recommendation for exemption of permit. Council member Fields seconded the motion, which carried 6-0. FOR: Mayor Berry, Mayor Pro Tem Crompton, Fields, Maloney, Lyles and Ruesink AGAINST: None 9. Adjourn. Hearing no objections, Mayor Berry adjourned the meeting at 12:39 pm on Thursday, June 24, 2010. City Council Regular Minutes Thursday, June 24, 2010 PASSED AND APPROVED this July 8, 2010 TEST: City Secretary Connie Hooks APPROVED: -6Z-r‘r\rr Mayor Nancy rry Page 18 RESOLUTION NO. 06-24-10-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, APPROVING A PLAN TO ENHANCE PEDESTRIAN SAFETY ALONG UNIVERSITY DRIVE BETWEEN WELLBORN ROAD AND TAUBER STREET. WHEREAS, the City Council of the City of College Station, Texas, recognizes there is a large number of pedestrians crossing University Drive between A&M University and the Northgate area; and WHEREAS, the City Council of the City of College Station, Texas, desires to implement measures designed to enhance pedestrian safety along University Drive in the Northgate area; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council hereby approves the plan developed through collaboration between the Texas Department of Transportation, the City of College Station, and Texas A&M University. PART 2: That the City Council hereby approves the plan's proposed closure of College Main to motor vehicles between University Drive and Patricia Street, converting the area into a pedestrian and bicycle facility with the understanding that provisions will be made in the design to accommodate deliveries for businesses in the Northgate area. PART 3 That the City Council hereby approves the plan's proposed ramp modifications at the interchange of Wellborn Road and University Drive and the installation of a traffic signal at the intersection of University Drive and Boyett Street. PART 4: That this resolution shall take effect immediately from and after its passage. ADOPTED this 24th day of June , A.D. 2010. City Secretary APPROVED: APPROVED: MAYOR v RESOLUTION NO. 06-24-10-2c A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, APPOINTING AN EMERGENCY MANAGEMENT COORDINATOR FOR THE CITY. WHEREAS, the City Council recognizes the need to prepare for the occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural or man-made cause, requiring emergency action; and WHEREAS, the Texas Division of Emergency Management (TDEM) in accordance with the Texas Disaster Act of 1975, Chapter 418 of the Texas Government Code shall identify the Emergency Management Director and/or Emergency Management Coordinator responsible for the emergency management program; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council hereby recognizes the Mayor, Nancy Berry, as the Emergency Management Director (EMD). PART 2: That the Mayor as EMD appoints Brian Hilton as the Emergency Management Coordinator for the City. PART 3: That this resolution shall take effect immediately from and after its passage. ADOPTED this 24th day of Ju;e , A.D. 2010. Al I EST: APPROVED: City Secretary APPR A VED: c - City Attorney Mayor ResuluLlun no. uO-Lo-1u-LC EMERGENCY MANAGEMENT DIRECTOR/COORDINATOR NOTIFICATION Section 418.101 of the Texas Government Code states: "The presiding officer of the governing body of each political subdivision will note the Governor's Division of Emergency Management of the manner in which the political subdivision is providing or securing an emergency management program, idents the person who heads the agency responsible for the program, and furnish additional pertinent information." This form is used to make the required notification to GDEM. The information on this form may be released to those inquiring about local emergency management programs pursuant to the Texas Open Records Act. Hence, GDEM recommends that you provide business addresses and telephone numbers rather than home addresses and telephone numbers. COUNTY: Brazos Jurisdiction: City of College Station Official's Title: Mayor Name: Nancy Berry Mailing Address: PO Box 9960 Suite 100 City, State, Zip: College Station, TX 77842 Office Number: 979-764-3541 Fax Number: 979-764-6377 Cell Number: Fax Number: E-mail: nberry@cstx.gov (Required) (City or County Name) (Mayor/Judge) (First & Last Name) (The best address to receive mail) (Please include — this is a back up for mailing) EMERGENCY MANAGEMENT PROGRAM APPOINTMENT STATUS ❑ I HAVE NOT appointed an Emergency Management Coordinator and will personally direct the local emergency management program. ® I HAVE appointed/re-appointed the Emergency Management Coordinator identified below to conduct the emergency management program for this jurisdiction. The effective date of the appointment is: ❑ We share our EMC with (name ofjurisdiction). If the COUNTY Emergency Management Coordinator has been appointed to other jurisdictions within the county, the County Judge and the participating City Mayors must sign this form. (See second page for additional signature blocks.) EMERGENCY MANAGEMENT COORDINATOR Coordinator Asst Coordinator Name: Brian Hilton Brian Brumfield Mailing Address: 110 North Main 110 North Main Suite 100 Suite 100 City, State, Zip: Bryan, TX 77803 Bryan, TX 77803 Office Phone: 979-764-6210 979-764-6211 Fax Number: 979-393-9922 ` 979-393-9922 Cell Number: 979-764-6210 979-255-4083 E-mail Address: bhilton@cstx.gov bbrumfield®cstx.gov Emergency Operations Center Number: 979-821-1000 Judge's or Mayor's Signature Date PLEASE RETURN TO: Texas Department of Public Safety Governor's Division of Emergency Management Preparedness Section PO Box 4087 Austin, TX 78773-0220 Or fax to: (512) 424-5637 DEM -147 Rev 07/07 Page 1 Resolution No. 06-24-10-2c FOR SHARED EMC USE ONLY By signing this form, you agree the appointed Emergency Management Coordinator (EMC) listed on the first page is also your EMC. If you have a separate EMC, you must submit the first page for your jurisdiction. Mayor City: Name: Mailing Address: City, State, Zip Office Phone: Fax Number: E-mail Address: Signature: DEM -147 Rev 07/07 Page 2 Mayor City: Name: Mailing Address: City, State, Zip Office Phone: Fax Number: E-mail Address: Signature: Mayor City: Name: Mailing Address: City, State, Zip Office Phone: Fax Number: E-mail Address: Signature: DEM -147 Rev 07/07 Page 2 Mayor City: Name: Mailing Address: City, State, Zip Office Phone: Fax Number: E-mail Address: Signature: Mayor City: Name: Mailing Address: City, State, Zip Office Phone: Fax Number: E-mail Address: Signature: DEM -147 Rev 07/07 Page 2 Mayor City: Name: Mailing Address: City, State, Zip Office Phone: Fax Number: E-mail Address: Signature: Mayor City: Name: Mailing Address: City, State, Zip Office Phone: Fax Number: E-mail Address: Signature: DEM -147 Rev 07/07 Page 2 RESOLUTION NO. 06-24-10-2d A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, APPROVING A CONSTRUCTION CONTRACT FOR THE STEPHEN C. BEACHY CENTRAL PARK AND VETERANS PARK AND ATHLETIC COMPLEX LIGHTING UPGRADE PROJECT AND AUTHORIZING THE EXPENDITURE OF FUNDS. WHEREAS, the City of College Station, Texas, solicited bids for the construction phase of the Stephen C. Beachy Central Park and Veterans Park and Athletic Complex Lighting Upgrade Project; and WHEREAS, the selection of Bayer Construction Electrical Contractors, Inc. is being recommended as the lowest responsible bidder for the construction services related to Stephen C. Beachy Central Park and Veterans Park and Athletic Complex Lighting Upgrade Project; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council hereby finds that Bayer Construction Electrical Contractors, Inc. is the lowest responsible bidder. PART 2: That the City Council hereby approves the contract with Bayer Construction electrical Contractors, Inc. for $180,822 for the labor, materials and equipment required for the improvements related to the Stephen C. Beachy Central Park and Veterans Park and Athletic Complex Lighting Upgrade Project. PART 3: That the funding for this Contract shall be as budgeted from the ARRA Stimulus Fund in the amount of $180,822. PART 4: That this resolution shall take effect immediately from and after its passage. ADOPTED this 24th day of June, A.D. 2010. ATTEST: APPROVED: MAYOR City , retary APPROV f r' City Att rney RESOLUTION NO. 06-24-10-2g A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, AUTHORIZING THE PAYMENT OF A DEPOSIT ON 22 MITIGATION CREDITS IN THE STEELE CREEK MITIGATION BANK, ROBERTSON COUNTY, TEXAS, THROUGH OXBOW INVESTMENTS INC, AS REQUIRED PURSUANT TO THE MITIGATION PLAN FOR UNITED STATES ARMY CORPS OF ENGINEERS APPLICATION NO. 200100239 FOR THE TWIN OAKS LANDFILL PROJECT IN GRIMES COUNTY, TEXAS. WHEREAS, in October, 2005, the City Council approved an engineering contract with HDR Engineering, Inc. for the final design of the Twin Oaks Landfill Project, and in October 2008, approved a construction contract with C. Watts and Sons Construction Co., Inc. for future phases of construction at the Twin Oaks Landfill Project, in western Grimes County, Texas; and WHEREAS, at the time construction was to proceed, a United States Army Corps of Engineers Section 404 Permit No. 200100239 was required including an approved mitigation plan requiring the acquisition and conveyance of a conservation easement; and WHEREAS, the United States Army Corps of Engineers has approved and accepted the City's submitted revised mitigation plan to purchase the remaining 22 Mitigation Credits in the Steele Creek Mitigation Bank in Robertson County, Texas, in lieu of off-site mitigation through the acquisition and conveyance of a conservation easement; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council hereby finds that the purchase of the remaining 22 Mitigation Credits in the Steele Creek Mitigation Bank in Robertson County, Texas, is the only reasonable alternative to off-site mitigation through the acquisition and conveyance of a conservation easement. PART 2: That the City Council hereby approves the payment of a deposit for 22 Mitigation Credits in the Steele Creek Mitigation Bank in Robertson County, Texas, through OXBOW Investments, Inc. as part of the Twin Oaks Landfill Project. PART 3: That the City Council authorizes the Mitigation Credit Payment of $318,775.00 to OXBOW Investments, Inc for said 22 Mitigation Credits. PART 4: That the funding for the Mitigation Payment shall be budgeted from the Brazos Valley Solid Waste Management Agency Capital Improvement Projects Fund in the amount of $318,775.00. PART 5: That this resolution shall take effect immediately from and after its passage. Resolution No. 06-24-10-2g ADOPTED this 24th day of June , A.D. 2010. ATTEST: APPROVED: City Secretary Mayor APPROVED: GOO?4 4/10 . City Attorney Resolution No. 06-24-10-2g INVOICE OXBOW Investments Inc. 160 Lexington Sq Carrollton, Virginia 23314 Date: 09 June 2010 Invoice #100309 — Final Terms: Payment due upon receipt Sold To: City of College Station Transaction Description: • Client originally needed between 30-43 wetland mitigation credits from the Steele Creek Mitigation Bank. Client paid 15% of 43 credits (43 credits x $20,500 per credit = $881,500 x .15 = $132,225) • 15% down held the credits for 6 months from the original invoice date. This gave the environmental company and the Corps plenty of time to resolve the number of credits actually required for the project. This also allowed credits to be "set aside" for the project and ensure it was not held up by mitigation credit needs. • All of the 15% originally paid is now applied to the total purchase price for 22.0 credits as detailed in the permit. • 22.0 credits X $20,500 per credit = $451,000 • $451,000 — $132,225 = $318,775 PLEASE PAY THIS AMOUNT: $318,775 MAKE CHECK PAYABLE TO: OXBOW Investments Inc. 160 Lexington Sq Carrollton, Virginia 23314 RESOLUTION NO. 06-24-10-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, APPROVING A CONSTRUCTION CONTRACT FOR THE DISCOVERY DRIVE PHASE II SIDEWALKS AND TRAFFIC SIGNAL PROJECT AND AUTHORIZING THE EXPENDITURE OF FUNDS. WHEREAS, the City of College Station, Texas, solicited bids for the construction phase of the Discovery Drive Phase II Sidewalks and Traffic Signal Project; and WHEREAS, the selection of Acklam Construction Co., Ltd. is being recommended as the lowest responsible bidder for the construction services related to _Discovery Drive Phase II Sidewalks and Traffic Signal; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council hereby finds that Acklam Construction Co., Ltd. is the lowest responsible bidder. PART 2: That the City Council hereby approves the contract with Acklam Construction Co., Ltd. for $204,749.60 for the labor, materials and equipment required for the improvements related to the Discovery Drive Phase II Sidewalks and Traffic Signal Project. PART 3: That the funding for this Contract shall be as budgeted from the Streets Capital Projects Fund in the amount of $2,000,000.00. PART 4: That this resolution shall take effect immediately from and after its passage. ADOPTED this 24th day of June, A.D. 2010. ATTEST: APPROVED: 00/114,t.ti 4=r-Cv1A- Av-u-L..k0/ City Secretary MAYOR APPROVED: RESOLUTION NO. 06-24-10-2j RESOLUTION DETERMINING NEED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, RELATING TO: (1) THE AUTHORITY OF THE CITY TO INITIATE, COMPLETE, AND ACQUIRE, BY PURCHASE OR CONDEMNATION, FEE SIMPLE INTEREST IN CERTAIN PROPERTY FOR THE RAYMOND STOTZER WEST PROJECT; (2) A DECLARATION THAT PUBLIC NECESSITY EXISTS FOR THE CITY TO ACQUIRE SUCH INTEREST, THROUGH PURCHASE OR CONDEMNATION; AND (3) ESTABLISHING PROCEDURES FOR THE ACQUISITION OF SUCH INTEREST IN THE PROPERTY. WHEREAS, the City of College Station, Texas ("City") is a home rule municipality duly incorporated and chartered under the Constitution and laws of Texas; and WHEREAS, the City owns, operates, constructs, repairs and maintains a city water and wastewater / sanitary sewer system as a public service; and WHEREAS, the City's ownership, operation, construction, repair, and maintenance of the city water and wastewater / sanitary sewer system is a benefit to the public; and WHEREAS, the City, through a condemnation proceeding, may exercise the power of eminent domain to acquire property in order to carry out the ownership, operation, construction, repair, and maintenance of its water and wastewater / sanitary sewer system pursuant to Chapter 251 of the Texas Local Government Code, Chapter 21 of the Texas Property Code, and Article II of the City's Charter; and WHEREAS, the City is engaged in the following project regarding the acquisition of land for a wastewater / sanitary sewer lift station, including the purchase of land and easements to facilitate development, production and maintenance of the Raymond Stotzer West (the "Project"); and WHEREAS, the City determines that the best interests and needs of the public, including the health, safety and welfare of the public, require that the City install a wastewater / sanitary sewer lift station (whether one or more), access facilities, related equipment, communication lines, electric lines and other related facilities, through the City's acquisition, by purchase or condemnation proceeding, of the fee simple interest as provided in Exhibit A, attached hereto and incorporated herein by reference for all purposes (the "Lift Station Site"); now, therefore; Resolution No. 06-24-10-2j BE IT RESOLVED by the City Council of the City of College Station, Texas: PART 1: That the City Council of the City of College Station, Texas, hereby officially determines that there is a public necessity for the Lift Station Site, and the public welfare and convenience will be served by the acquisition of the Lift Station Site. PART 2: That the City Manager is hereby authorized to contract, on behalf of the City of College Station, with a professional appraiser for the appraisal services, with a professional real estate agent to act as a Land Agent for the City and with attorneys for preparation of title opinions needed by the City from time to time in connection with acquisition of the Lift Station Site. PART 3: That the City's Land Agent or other staff appraiser is hereby authorized and directed to examine the independent appraisal reports as they are submitted to the City to determine whether said appraisal reports are supported by sufficient data. Based upon such examination of said appraisal reports, the Land Agent or other staff appraiser shall make a recommendation to the City Manager as to the establishment and approval of the amount of the just compensation for the Lift Station Site. PART 4: After consideration of said recommendation, the City Manager shall establish and approve the amount determined for acquisition of the Lift Station Site. PART 5: Upon establishment and approval by the City Manager of the amount of just compensation for the acquisition of the Lift Station Site, the City's Land Agent or other staff appraiser is authorized to communicate a written offer to the property owners for the acquisition of such interest at the full amount determined and established to be just compensation therefore and to negotiate with said owners on behalf of the City. PART 6: That the Mayor after approval by City Council, or the City Manager as delegated, is hereby authorized to execute all documents necessary to acquire said Lift Station Site for the Project, on behalf of the City of College Station. PART 7: That, if necessary, and should a property owner fail to accept a bona fide, good faith offer from the City to purchase the required Lift Station Site, City representatives shall have the authority to initiate and complete condemnation proceedings against said owner, in order to acquire through condemnation all required property interests and title regarding such property. Resolution No. 06-24-10-2j PART 8: That the City Manager be and is hereby authorized to sell any such surplus improvements, or order the demolition thereof, if any, located on the real property acquired in connection with this Project. PART 9: That this resolution shall take effect immediately from and after its passage. ADOPTED this 24th day of June, , A.D. 2010. ATTEST: APPROVED: dti��n-vr-t� City Secretary MAYOR 0 APPROVED: Cautia /9 P L City Attorney Resolution No. 06-24.10-2j EXHIBIT "A" Lift Station Site EXHIBIT " A " FIELD NOTES CITY OF COLLEGE STATION PROPOSED LIFT STATION SITE 0.449 OF ONE ACRE OUT OF THE CAMWEST TRADITIONS, L.P. CALLED 20.5424 ACRE TRACT VOLUME 8555, PAGE 167 JOHN H. JONES SURVEY, A — 26 COLLEGE STATION, BRAZOS COUNTY, TEXAS May 13, 2010 All that certain lot, tract or parcel of land being 0.449 of one acre situated in the JOHN H. JONES SURVEY, Abstract No. 26, Brazos County, Texas, and being a part of that certain Called 20.5424 Acre Tract as described in deed from Traditions Club Commercial Realty, LLC to Camwest Traditions, L.P. of record in Volume 8555, Page 167, Official Records of Brazos County, Texas, said 0.449 of one acre being more particularly described by metes and bounds as follows: Beginning at a Concrete right -of -Way Monument found in the northeast right-of-way line of State Highway 47 for the most easterly corner, said comer being the most southerly comer of said Called 20.5424 acre tract, said comer also being the southwest corner of the Switzer Deason Called 5.591 acre tract as described in Volume 8538, Page 107; THENCE N 70 ° 29 ' 43 " W, along the northeast right-of-way line of said State Highway 47 a distance of 329.29 feet to a 112" Iron Rod with Cap set for the most westerly corner; THENCE N 45 ° 46' 43 " E, a distance of 132.57 feet to a 112" Iron Rod with Cap found for the most northerly corner, said comer being an interior comer of said Called 20.5424 acre tract and also being the west corner of said Called 5.591 acre tract; THENCE S 46 ° 46' 50" E, along the common line between said Called 20.5424 acre tract and said Called 5.591 acre tract a distance of 295.57 feet to the PLACE OF BEGINNING AND CONTAINING AN AREA OF 0.449 OF ONE ACRE OF LAND MORE OR LESS, according to an actual survey performed on the ground on April 21, 2010 under the supervision of H. Curtis Strong, Registered Professional Land Surveyor No. 4961. North Orientation is based on rotating the northeast line to Grid North by utilizing GPS methods. For more information see accompanying plat. Resolution No. 06-24-10-2j C4UW 20542A ACRES CAPAIN ST 7RADRIONS, LP. YOUIME 9555, PAa 167 I/2' ken Rad Fnd. at yd_/!/Eaet car. 6552/167 4 .43 1/2' Iron Rod w/cap Fnd. CALM 5591 ACRES SWWRIDt L REASON VOLUME 9516, PACT 107 Conc. ROW Monument Fnd. 4 501Ee, DII 00.0,,4. 5040 W5 TRONG MOWS � �6 URVEYINC F urth �,a surwykO96 daaln l Tho cac.msnl Iwo 0r1r 0 Jerwo 1e Tb 0.q el Stow al ,00x4 90/001. don net appear le .11.01 04 tract. 2 Mold el Wen .e .m.nl Iran Mr,W B. Jon.,. el d le The al, el &fah Tesco a1 'accord In 200/474 4,.s eel appear le .11.01 Md. Incl. S nu .o..m is kern Mary Joan Jane, .l W le 0! IW, Inc. el tomato! k 244/882 da., .el enfant to 0114011W ha.1. 4. The wormer ow 01011 al War Iran W. T. 14000ndd, 41..l 01 le OTE 6.8144.01 lecorpwal.0 el 0000.6 he 155119 does 000 motor 10 a11.01 104. nee. 6 Te. RIOM el Won .es.wl Iran W. T. M00ond4 Jr.. el ha re Bndp Wales Sower cornstalk. al 1.10/4 h 1660/302 Owe oat apy.ar to afloat Vee had. This survey Wan prepared wllh the benefit of a Illle cammItmen1 praWded by 9lewart 7111e Company. All °ailment Intarmollon applicable to Nils survey Is shown aa cording to this Polley InGF Na. 149155. H/cyWAY 4� P.0.9. Cono. ROW Monument Fnd. North arlenlallon Is brined an rafalInp the Nartheest Bne la 0rld North by u111101na GPS methods. I. H. Corll. Skoog. Reid hlerod Prulesslafal Land Suruayar No. 4961. do hereby certify That Illi, plat represenle the mulls 01 ann the 0round survey and I. true and corracl la Ina 6031 of my Lnawledpe. H. Cur11s Strong, RPLS 4961 »Watertlne EXHIBIT "B" CITY OF COLLEGE STATION PROPOSED LIFT STATION SITE 0.449 OF ONE ACRE OUT OF THE CAMWEST TRADITIONS, L P. CALLED 20.5424 ACRE TRACT VOLUME 8555, PAGE 167 JOHN H. JONES SURVEY, A'26 COLLEGE STATION, BRAZOS COUNTY, TOGS SCALE 1'.60' MAY 13, 2010 RESOLUTION NO. 06-24-10-2k A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, APPROVING THE TERMINATION OF A CONTRACT FOR THE DESIGN AND CONSTRUCTION PHASE SERVICES FOR THE WATER SERVICE EXTENSION PROJECT. WHEREAS, the City of College Station, Texas, solicited Statement of Qualifications for the design and construction phase services for the Water Service Extension Project with Request for Qualifications #03-78. WHEREAS, Freese & Nichols, Inc. was selected as the most highly qualified firm for the design and construction phase services for the Water Service Extension Project. WHEREAS, the City will terminate, for convenience, professional services contract no. 03-138, with Freese & Nichols, Inc., as according to the contract; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council hereby terminates agreement 03-138 with Freese & Nichols, Inc. for convenience as according to Article XIII of the professional services contract. PART 2: That $381,398.90 was spent on the design of three completed projects and one unfinished project. PART 3: That the funding for this Project shall be returned to the College Station Water Capital Improvement Projects Fund, in an amount not to exceed $25,601.10. PART 4: That this resolution shall take effect immediately from and after its passage. ADOPTED this 24th day of June , A.D. 2010. ATTEST: APPROVED: Y(T C4t *V144 -,-L,-17( City Secretary Mayor RESOLUTION NO. 06-24-10-2L A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, APPROVING AN EXCEPTION TO THE CITY'S UTILITY EXTENSION POLICY TO ALLOW THE EXTENSION OF SEWER UTILITY SERVICES TO MR. LON PAINTER OF 4701 NANTUCKET DRIVE, WITHIN THE EXTRATERRITORIAL JURISDICTION (ETJ) OF THE CITY OF COLLEGE STATION, TEXAS. WHEREAS, the City of College Station adopted Resolution Number 02-09-2006-13.04 on February 9, 2006, which states in Part 1 "that water and sewer utility services will not be available to properties outside the City's corporate limits without a petition for annexation from said properties meeting the legal requirements of such petitions or areas not certificated to the City of College Station for that purpose" and further states in Part 3 "That the City Council hereby agrees that it may grant exceptions as it deems necessary to the best interests of the City of College Station in the following cases: For other governmental agencies through an interlocal agreement, for the purposes of economic development, or for health and safety reasons" (such resolution referred to hereinafter as the "City's Utility Extension Policy"); and WHEREAS, Mr. Lon Painter, home owner of 4701 Nantucket Drive, has requested an exception to the City's Utility Extension Policy for his home, located in the Nantucket development in the City's extraterritorial jurisdiction ("ETJ"); and WHEREAS, there is no certificate of convenience and necessity issued by the state of Texas to an entity to provide sewer service to said location; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council hereby approves an exception to the City's Utility Extension Policy to make sewer utility services available to the current home located at 4701 Nantucket Drive located in the ETJ of College Station, Texas as requested by its owner, Mr. Lon Painter. PART 2: That the City Council hereby requires owner of the home to extend sewer utility service pursuant to the City's Utility Extension Policy, including that any and all construction plans be approved by the City Engineer. PART 3: That this resolution shall take effect immediately from and after its passage. ADOPTED this 24th ATTEST: day of City Secretary APPROVED, City A Just, , 2010. APPROVED: Mayor RESOLUTION NO. 06-24-10-2n A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, SELECTING A PROFESSIONAL CONTRACTOR, APPROVING A PROFESSIONAL SERVICES CONTRACT AND AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE FM 2154 UTILITY RELOCATION PHASE II PROJECT. WHEREAS, the City of College Station, Texas, solicited proposals for the engineering services; and WHEREAS, the selection of Mitchell & Morgan, LLP is being recommended as the most highly qualified provider of the engineering services; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council hereby finds that _Mitchell & Morgan, LLP is the most highly qualified provider of the services for FM 2154 Utility Relocation Phase II Project on the basis of demonstrated competence and qualifications. PART 2: That the City Council hereby approves the contract with Mitchell & Morgan, LLP for an amount not to exceed $110,500.00 for the engineering services related to the FM 2154 Utility Relocation Phase II Project. PART 3: That the funding for this Contract shall be as budgeted from the Utility Revenue Bond, Water Division in the amount of $110,500.00. PART 4: That this resolution shall take effect immediately from and after its passage. ADOPTED this 24th day of June , A.D. 2010. ATTEST: „,„ City Secretary APPROVE City Att APPROVED: MAYOR RESOLUTION NO. 06-24-10-2o A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, APPROVING THE PURCHASE OF TRAFFIC SIGNAL POLES AND MAST ARMS. WHEREAS, the City of College Station, Texas, solicited bids for the purchase of Traffic Signal Poles and Mast Arms; and WHEREAS, the selection of Structural Steel Products Incorporated as being recommended as the lowest responsible bidder to provide Traffic Signal Poles and Mast Arms; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council hereby fords, that Structural Steel Products is the lowest responsible bidder. PART 2: That the City Council hereby approves the Purchase of Traffic Signal Poles and Mast Arms from Structural Steel Products in the amount of $54,879.00. PART 3: That the City Council hereby agrees the funding for this purchase shall be budgeted from the 2008 Traffic Signal Capital Improvements Funds. PART 4: That this resolution shall take effect immediately from and after its passage. ADOP 1 E this 24th day of ATTEST: June. , A.D. 2010. APPROVED: RJR5Q— --rArca)v•c-cd,0" City Secretary MAYOR