HomeMy WebLinkAbout11/09/2009 - Regular Agenda Packet - City CouncilMayor
Ben White
Mayor Pro Tem
Dave Ruesink
City Manager
Glenn Brown
Council members
John Crompton
James Massey
Dennis Maloney
Katy-Marie Lyles
Lawrence Stewart
Agenda
College Station City Council
Regular Meeting
Monday, November 09,2009 at 12:OO PM
City Hall Council Chamber, 1101 Texas Avenue
College Station, Texas
1. Pledge of Allegiance, Invocation, Consider absence request.
Recognition of Connie Hooks, Faye Scott and Tasha Velasco as "Exemplary Five-Star" Local
Registrars by the Texas Department of State Health Services.
2. Hear Visitors.
Consent Agenda
Individuals who wish to address the City Council on a consent or regular agenda item not posted as a public
hearing shall register with the City Secretary prior to the Mayor's reading of the agenda item. Registration
forms are available in the lobby and at the desk of the City Secretary. The Mayor will recognize individuals
who wish to come forward to speak for or against the item. The speaker will state their name and address for
the record and allowed three minutes. A timer will sound at 2 112 minutes to signal thirty seconds remaining for
remarks.
3. Presentation, possible action and discussion of consent agenda items which consists of ministerial or
"housekeeping" items required by law. Items may be removed fi-om the consent agenda by majority vote of the
Council.
a. Presentation, possible action, and discussion of minutes for City Council Workshop and Regular meeting,
October 8, 2009 and October 19,2009.
b.Presentation, possible action, and discussion regarding renewal of an annual price agreement with Ergon
Asphalt & Emulsions to provide emulsified asphalt products for the maintenance of streets in an amount not
to exceed $478,104.
c.Presentation, possible action and discussion regarding the approval of a resolution accepting from the
Governors Division of Emergency Management (GDEM) the 2009 Homeland Security Grant Program Sub-
recipient of $75,000, naming a City staff member as manager of those grant funds, and approving the 2009
City of College Station Equipment List for purchase.
d.Presentation, possible action, and discussion to approve a resolution increasing the food establishment
health permit fee collected by the Brazos County Health Department to a flat fee of $400 a year, beginning
with the 2010 permit.
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Monday, November 9,2009
e. Presentation, possible action, and discussion on the purchase of a Roll-Off Truck from East Texas Mack
Sales, LLC and B & C Body Company be used by the Brazos Valley Solid Waste Management Agency in
the amount of $145,432.00.
f. Presentation, possible action, and discussion on the purchase of a Ford F750 Truck from Philpott Ford to
be used by the Brazos Valley Solid Waste Management Agency in the amount of $1 19,734.00.
g.Presentation, possible action, and discussion requesting approval of a settlement agreement with Wellborn
SUD and Main Street Homes, which is the third of three agreements that will allow the City to pursue TCEQ
approval of our application to extend our sewer certificated area into parts of the ETJ.
h.~resentation, $ossible action, and discussion on a funding agreement between the City of College Station
and the Arts Council of Brazos Valley for FY 10 in the amount of $18 1,000 for Affiliate funding.
i. Presentation, possible action and discussion to authorize the FY 10 expenditures for the Brazos County
Appraisal District in the amount of $236,692 pursuant to the Property Tax Code 6.06D.
j. Presentation, possible action, and discussion on approval of the 2009 Property Tax Roll in the amount of
$23,623,086.36.
k.Presentation, possible action, and discussion:
(1) an amendment to the Professional Services Contract 04-176 with Epsilon Engineering, Inc. for
the purpose of foregoing transfer and novation of the contract to Jacobs Engineering Group Inc and
also modifying the date for which all design work and other professional services provided under the
Contract must be completed to July 30,2012, and
(2) a change order to the Professional Services Contract 04-176 with Epsilon Engineering, Inc., now
Jacobs Engineering Group, Inc., in the amount of $60,870.40, for additional services to design
improvements to the intersection of Barron Road and SH 40.
1. Presentation, possible action, and discussion to a change order to Contract #08-277 to Brazos Valley
Services in the amount of $233,373.70 for additional construction services related to the College
ParMBreezy Heights Rehabilitation Project.
m. Presentation, possible action, and discussion regarding change order no. 1 to the Water Reclamation
Project design contract in the amount of $24,000.00 to Contract No. 09-147 with Lockwood, Andrews, &
Newnam for design services to provide programming deliverables for control of the water reclamation
system.
n.Presentation, possible action, and discussion to approve a change order to professional services contract
#05-160 with McClure & Brown Engineering in the amount of $21 1,397.50 related to revisions and updates
to the Tauber and Stasney Streets Rehabilitation design.
o.Presentation, possible action, and discussion on a Professional Services Contract with Lockwood,
Andrews, and Newnam, Inc. in the amount of $225,477; for the design of the Carters Creek Wastewater
Treatment Plant Lab and SCADA Building and approval of a resolution declaring intention to reimburse
certain expenditures with proceeds from debt.
City Council Regular Meeting Page 3
Monday, November 9,2009
p.Presentation, possible action and discussion of an Interlocal Agreement between the cities of Bryan and
College Station in an amount not to exceed $60,000; for turn lanes and signals at the intersection of
University Drive and Copperfield.
q.Presentation, possible action and discussion regarding a resolution to purchase 5.5 Wetland Mitigation
Credits in the Steele Creek Mitigation Bank from OXBOW Investments Inc. in the amount of $137,500.00.
r. Presentation, possible action, and discussion regarding execution of a Right-of-way Easement Agreement
with the Texas A&M University System (TAMUS), for the construction of Penberthy Road Extension.
Regular Agenda
Individuals who wish to address the City Council on a regular agenda item not posted as a public hearing
shall register with the City Secretary prior to the Mayor's reading of the agenda item. The Mayor will
recognize you to come forward to speak for or against the item. The speaker will state their name and address
for the record and allowed three minutes. A timer will sound at 2 112 minutes to signal thirty seconds remaining
for remarks.
Individuals who wish to address the City Council on an item posted as a public hearing shall register with the
City Secretary prior to the Mayor's announcement to open the public hearing. The Mayor will recognize
individuals who wish to come forward to speak for or against the item. The speaker will state their name and
address for the record and allowed three minutes. A timer alarm will sound at 2 112 minutes to signal thirty
seconds remaining to conclude remarks. After a public hearing is closed, there shall be no additional public
comments. If Council needs additional information from the general public, some limited comments may be
allowed at the discretion of the Mayor.
If an individual does not wish to address the City Council, but still wishes to be recorded in the official minutes
as being in support or opposition to an agenda item, the individual may complete the registration form provided
in the lobby by providing the name, address, and comments about a city related subject. These comments will
be referred to the City Council and City Manager.
1. Public hearing, presentation, possible action, and discussion regarding a proposed amendment to the
City's smoking ordinance.
2. Public Hearing, presentation, possible action, and discussion on an ordinance amending Chapter 12,
"Unified Development Ordinance," Section 7.9, "1Von-Residential Architectural Standards," of the Code
of Ordinances of the City of College Station as it relates to parking lot screening.
3. Public Hearing, presentation, possible action and discussion regarding an Oil and Gas Operations Permit
for the McCullough-Olden Unit, Well #IRE as requested by the operator, EnerVest Operating, LLC. of
Houston, Texas.
4. Public Hearing, presentation, possible action and discussion regarding an Oil and Gas Operations Permit
for the McCullough- McCullough Unit, Well #IRE as requested by the operator, EnerVest Operating,
LLC. of Houston, Texas.
5. Public Hearing, presentation, possible action, and discussion approving an ordinance vacating and
abandoning a 1,265 square foot, 20-foot wide public utility easement, which is located on Lot 3C of
Block 1 of the Gateway Phase 3 Subdivision according to the plat recorded in Volume 9 1 12, Page 138
of the Deed Records of Brazos County, Texas.
City Council Regular Meeting
Monday, November 9, 2009
6. Presentation, possible action, and discussion on an update regarding the Bicycle, Pedestrian and
Greenway Master Plan.
7. Presentation, possible action, and discussion regarding the extension of Holleman Drive from its
intersection with FM 281 8 and making a connection to the existing Jones-Butler roadway just east of the
Dowling Road Pump Station.
8. Presentation, possible action, and discussion regarding an update on the convention center project.
9. Presentation, possible action, and discussion regarding the establishment of a Code Coordination Sub-
committee of various Boards, commissions, and Council involved in the implementation and
enforcement of the Unified Development Ordinance and other development related regulations and
standards and appointment of membership to the same.
10. Council Calendar
Nov. 10-14 NLC Congress of Cities in San Antonio, TX, 8:00 a.m.
Nov. 10 Preview Event St. Joseph Emergency Center & St. Joseph Imaging & Diagnostic Center
at 441 1 Hwy 6 South, College Station, 11:OO a.m.
Nov. 12 Animal Control Ordinance Meeting - Public Input Session at Municipal Court, 6:30 p.m.
Nov. 14 Brazos Valley Worldfest at Wolf Pen Creek Amphitheater, 10:OO a.m.
Nov. 16 IGC Meeting at BVCOG, 12:OO p.m.
Nov. 16 Canvass of Votes & Special Council Meeting in Council Chambers, 4:00 p.m.
Nov. 16 Oakwood Neighborhood Mtg - Historic Preservation Mtg, CS Conf. Center, 6:00 p.m.
Nov. 17 Council Transportation Committee Mtg in Council Chambers, 4:30 p.m.
Nov. 18 Exploring History Lunch Lecture Series at CS Conf. Center Room 127, 1 1:30 a.m.
Nov. 19 Animal Control Ordinance Subcommittee Mtg at CS Conf. Center Room 101, 2:00 p.m.
Nov. 20 WTAW Radio Interview Spot at 8: 10 a.m. in Crystal Park Plaza Blg, 2700 Rudder
Freeway, Suite 5000, 8:00 p.m.
Nov. 23 Council WorkshopIRegular Meeting in Council Chambers, 3.00 p.m. & 7:00 p.m.
11. Presentation, possible action, and discussion on future agenda items: A Council Member may inquire
about a subject for which notice has not been given. A statement of specific factual information or the
recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the
subject on an agenda for a subsequent meeting.
12. Discuss'ion, review and possible action regarding the following meetings: Arts Council of the Brazos
Valley, Audit Committee, Brazos County Health Dept., Brazos Valley Council of Governments, Brazos
Valley Wide Area Communications Task Force, Cemetery Committee, Code Review Committee,
Design Review Board, Historic Preservation Committee, Interfaith Dialogue Association,
Intergovernmental Committee, Joint Relief Funding Review Committee, Landmark Commission,
Library Committee, Metropolitan Planning Organization, National League of Cities, Outside Agency
Funding Review, Parks and Recreation Board, Planning and Zoning Commission, Sister City
Association, TAMU Student Senate, Research Valley Partnership, Regional Transportation Committee
for Council of Governments, Texas Municipal League, Transportation Committee, Wolf Pen Creek
Oversight Committee, Wolf Pen Creek TIF Board, Zoning Board of Adjustments, BVSWMA, Signature
Event Task Force, (Notice of Agendas posted on City Hall bulletin board).
City Council Regular Meeting Page 5
Monday, November 9,2009
13. Executive Session will inltnediately follow the workshop meeting in the Administrative Conference
Room.
Consultation with Attorney {Gov't Code Section 551.071 1; possible action. The City Council may seek
advice from its attorney regarding a pending or conten~plated litigation subject or settlement offer or
attorney-client privileged information. Litigation is an ongoing process and questions may arise as to a
litigation tactic or settlement offer, which needs to be discussed with the City Council. Upon occasion
the City Council may need information from its attorney as to the status of a pending or contemplated
litigation subject or settlement offer or attorney-client privileged information. After executive session
discussion, any final action or vote taken will be in public. The following subject(s) may be discussed:
a. Application with TCEQ for permits in WestsideIHighway 60 area, near Brushy Water Supply
Corporation
b. Sewer CCN permit requests for Brushy & Wellborn Services Areas
c. Water CCN permit requests for Brbshy & Wellborn Services Areas
d. Bed & Banks Water Rights Discharge Permits for College Station and Bryan
e. Legal aspects of Water Well, permits and possible purchase of or lease of water well sites
f. Cliff A. Skiles, DVM & C.A. Skiles Family Partnership, Ltd. Water permit applications with the
Brazos Valley Groundwater Conservation District
g. TMPA v. PUC (College Station filed Intervention)
h. City of Bryan suit filed against College Station, Legal issues and advise on Brazos Valley Solid
Waste Management Agency contract, on proposed methane gas contract
1. Update on legal proceedings for Grimes County Landfill site and contracts for development of
Grimes County site
1. Weingarten Realty Investors v. College Station, Ron Silvia, David Ruesink, Lynn McIlhaney,
and Ben White
k. Chavers et a1 v. Tyrone Morrows, Michael Ikner, City of Bryan, City of College Station, et a1
1. Rogers Sheridan v. Barbara Schob & Greg Abbott
m. Clancey v. College Station, Glenn Brown, and Kathy Memll
n. Legal rights and obligations regarding ATS and the results of the election
Real Estate {Gov't Code Section 551.072); possible action The City Council may deliberate the
purchase, exchange, lease or value of real property if deliberation in an open meeting would have a
detrimental effect on the position of the City in negotiations with a third person. After executive session
discussion, any final action or vote taken will be in public. The following subject(s) may be discussed:
a. Possible Purchase or Exchange of Property near E. University and Tarrow
Personnel {Gov't Code Section 55 1.074); possible action
The City Council may deliberate the appointment, employment, evaluation, reassignment, duties,
discipline, or dismissal of a public officer. After executive session discussion, any final action or vote
taken will be in public. The following public officer(s) may be discussed:
a. Mayor & Council Self Evaluation
14. Action on executive session, or any workshop agenda item not completed or discussed in today's
workshop meeting may be discussed in tonight's Regular Meeting if necessary.
15. Adjourn.
If litigation issues arise to the posted subject matter of this Council Meeting an executive session will be held.
APPROVED:
City Council Regular Meeting
Monday, November 9,2009
Page 6
City Manager
Notice is hereby given that a Regular Meeting of the City Council of the City of College Station, Texas will be
held on the Monday, November 09, 2009 at 12:00 PM at the City Hall Council Chambers, 1101 Texas Avenue,
College Station, Texas. The following subjects will be discussed, to wit: See Agenda.
Posted this 6Ih day of November, 2009 at 12:00 p.m.
City Secretary
I, the undersigned, do hereby certify that the above Notice of Meeting of the Governing Body of the City of
College Station, Texas, is a true and correct copy of said Notice and that I posted a true and correct copy of said
notice on the bulletin board at City Hall, 1 101 Texas Avenue, in College Station, Texas, and the City's website,
www,cstx,,go,v . The Agenda and Notice are readily accessible to the general public at all times. Said Notice
and Agenda were posted on November 6, 2009 at 12:00 p.m. and remained so posted continuously for at least
72 hours proceeding the scheduled time of said meeting.
This public notice was removed from the official posting board at the College Station City Hall on the following
date and time: by
Dated this day of ,2009 By
Subscribed and sworn to before me on this the day of ,2009.
Notary Public - Brazos County, Texas My commission expires:
The building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive service must be made
45 hours before the meeting. To make arrangements call (979) 764-3517 or (TDD) 1-500-735-2959. Agendas may be viewed on
www.cstx.gqv . Council meetings are broadcast live on Cable Access Channel 19. ...... . . . . . . . . . . . . .. ..... . . . .. . ...., . . . . . .
Mayor
Ben White
Mayor Pro Tem
David Ruesink
City Manager
Glenn Brown
CITY 01: C0l-1.1~1. S-I'IITION
Home of 'le*-l15 A&M 0nrvtl.szpu
Councilmembers
John Crompton
James Massey
Dennis Maloney
Katy-Marie Lyles
Lawrence Stewart
Minutes
City Council Regular Meeting
Thursday, October 08,2009 at 7:00 p.m.
City Hall Council Chambers, 1101 Texas Avenue
College Station, Texas
COUNCIL PRESENT: Mayor Ben White, Mayor Pro Tem Ruesink, Council members Crompton,
Massey, Maloney, Lyles, Stewart
STAFF PRESENT: City Manager Brown, Assistant City Manager Merrill, Assistant City Manager
Neeley, City Attorney Cargill Jr., Deputy City Secretary McNutt, Management Team
1. Pledge of Allepiance, Invocation, Consider absence request, EIear Visitors
Mayor White called the meeting to order at 7:00 pm with all Council members present. Mayor White
led the audience in the Pledge of Allegiance. Fire Chief R.B. Alley provided the invocation.
Hear Visitors:
Hugh Lindsay, 400 Walton Dr. - spoke on the topic of rental registration and a recent citation he
received for non-payment of rental registration. He stated that he did not own rental property in
College Station.
Brian Alg,TAMU student spoke on City's unnecessary spending regarding Red Light Camera
pamphlets and the City's recent action to install surveillance cameras in Northgate and the
construction of restrooms in Northgate.
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 maioritv vote of the Council.
a. Approved minutes for City Council Special Meeting, September 1, 2009, workshop and
regular meetings September 10, 2009 and Joint meeting with CSISD, September 22, 2009.
b. Approved Resolution No. 10-OS-09-2b for a Professional Services Contract with The Ground
Crew, LLC, in the amount of $149,865.93 for the completion of the Texas Avenue Streetscape
project.
c. Approved request for the City to serve as a co-sponsor and contribute $2,500 to assist in
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City Council Regular Minutes
Thursday, October 08,2009
underwriting the Fall of the Berlin Wall 20th Anniversary celebration.
d. Approved bid awarding single purchase of electrical wire and cable maintained in inventory as
follows: HD Supply $357,900; TEC $36,600 and Crawford Electric Supply $61,082.75.
Total expenditure, $455,582.75.
e. Approved budget of the Brazos Valley Convention and Visitors Bureau and finding
agreement between the City of College Station and the Brazos Valley Convention and Visitors
Bureau for FY 10 in the amount of $1,107,000.
f. Approved finding agreement between the City of College Station and the Research Valley
Partnership for FY 10 in the amount of $300,000.
g. Approved budget of the Arts Council of Brazos Valley and the operations and maintenance
finding agreements between the City of College Station and the Arts Council of Brazos Valley
for FY 10 totaling $208,000.
h. Approved Resolution No. 10-08-09-231 replacing Resolution No. 9-1-2009-03 for the purpose
of revising a polling place location and to correct language in the Interlocal Government
Agreement with Brazos County for the conduct and management of the Special Election.
i. Approved Resolution No. 10-08-09- 2i awarding a Professional Services Contract (#09-209)
with Clark Condon Associates in an amount not to exceed $73,500.00, for the development of
a master plan for the Wolf Pen Creek Water Feature and Festival Area Project (Project No.
WP-090 1).
j. Approved an annual purchase order with Boundtree Medical L.L.C. for $65,000.00 for EMS
supplies.
k. Approved rejection of Bid 09-79 annual agreement for electric meters that are maintained in
Electrical Inventory.
Council member Maloney moved to approve consent items 2a thru 2k. Council member Lyles
seconded the motion, which carried 7 - 0.
FOR: Mayor Ben White, Mayor Protem Ruesink, Crompton, Massey, Maloney, Lyles and Stewart
AGAINST: None
1. Presentation, possible actio~~ and discussion on a bid award for the a~~ni~al agreement for -
various electrical items and electric meters to be stored in inventory as follows: Stuart C. Irbv
1
Electric Supplv $25,572.00; Priester Mell and Nicholson S105,270.00; and $17,620.00 to be
determined bv tie breaker proced ures. Total estimated annual expenditure is $1,452,748.40.
Cheryl Turney, Assistant Finance Director presented bids on annual various electrical items and
electric meters. Staff recommended awarding to the lowest responsible bidder meeting
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City Council Regular Minutes
Thursday, October 08,2009
specifications as shown below plus an additional $17,620.00 to be determined by tie breaker (see
below) for a total annual expenditure of $1,452,748.40.
I. Stuart C. Irby $ 428,585.00
11. HD Supply $ 488,054.00
111. KBS Electric $ 179,458.50
IV. Techline $ 225,808.90
V. Hill Country Electric Supply $ 25,572.00
VI. Priester Mell and Nicholson $ 105,270.00
$1,452,748.40
Tie Bids KBS Electric Techline
F- 1 Brace Deadend 8' Fiberglass 75x$1 80=$13,500 75x$1 80=$13,500
Priester Mell Nicholson Techline
F-4 Brace Deadend 1 07Fiberglass 20x$206=$4,120 20x@$206=$4,120
Troy Rother, Assistant City Engineer introduced two youth from the College Station Cub Scout
Troop 1074 to draw for two (2) tie breakers between KBS Electric & Techline and Priester Me11
Nicholson & Techline.
Blaze with Troop 1074 drew - KBS Electric for F- 1 Brace Deadend 8' Fiberglass at 75x$1 80=$13,500
Jasia with Troop 1074 drew - Techline for the F-4 Brace Deadend 1 O'Fiberglass20x@$2O6=$4,12O
Council member Massey made a motion to award line item bids to Stuart C. Irby for $428,585.00,
HD Supply for $488,054.00, KBS Electric for $179,458.50, Techline for $225,808.90, Hill County
Electric Supply for $25,572.00, Priester Mell and Nicholson for $105,270.00 and award tie bids to
KBS Electric for F-1 Brace Deadend 8' Fiberglass at $13,500 and Techline for the F-4 brace
Deadend 107Fiberglass at $4,120. Council member Stewart seconded the motion, which carried 7-0.
FOR: Mayor Ben White, Mayor Pro tem Ruesink, Crompton, Massey, Maloney, Lyles and Stewart
AGAINST: None
2. Presentation, r~ossible action, and discussion of Citv Policy regarding Street Lighting for -
Subdivisions in City Limits scwiccd by HTIJ.
Mark Smith, Director of Public Works presented an interim policy that reimburses developers or
Home Owners Associations a monthly billing cost for BTU streetlights in College Station City
Limits. This provides equity for College Station citizens regardless of their electric provider and
College Station Utilities currently pays the same street lighting costs for areas served by CSU.
The Reimbursement Agreement is proposed to be entered into by the developer or Home Owners
Association. Upon proof of timely payment by Developer to BTU, and upon submittal of such proof
to City, City shall reimburse Developer its regularly incurred monthly charges for electricity for
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City Council Regular Minutes
Thursday, October 08, 2009
lighting such street lights. Staff recommended approval of this policy and authorizing City Manager
to enter Reimbursement Agreements with developers or Home Owners Associations.
Council member Maloney moved to approve policy and authorizing City Manager to enter
Reimbursement Agreements with developers or Home Owners Association. Council member Lyles
seconded the motion, which carried 7 - 0.
FOR: Mayor Ben White, Mayor Pro tem Ruesink, Crompton, Massey, Maloney, Lyles and Stewart
AGAINST: None
3. l'resen tation, possible action, and discussion regarding a resolution awarding a 1,andscape -
Maintenance Service Contract for seventeen (17) nlunicipal sites to Rainbow Gardens Nursery
for an annual expenditure of $152,168.00 and approval of a cllan~e order reducing the
contract by S30,285.00.
David Schmitz, Assistant Director of Parks and Recreation presented two (2) resolutions for
Landscape Maintenance Service Contracts and change order to reduce contact amounts for seventeen
(17) municipal sites to Rainbow Gardens Nursery at $12 1,833.00 and twenty-seven (27) municipal
sites to Landscapes, USA at $224,95 1.00.
Council member Crompton moved to approve Resolution No. 10-08-09-03 for Landscape
Maintenance Service Contracts and change order on (17) municipal sites to Rainbow Gardens
Nursery. Council member Massey seconded the motion, which carried 7 - 0.
FOR: Mayor Ben White, Mayor Pro tem Ruesink, Crompton, Massey, Maloney, Lyles and Stewart
AGAINST: None
4. Presentation, possible action, and discussion regarding a resolution awarding a Landscape -
Maintenance Senrice Contract for twent~-se\~en (27) municipal sites to Landscapes, USA for
an annual expenditure of $265,787.00 and apuroval of a change order reducin~ the contract bv
S40,836.00.
Items 3 and 4 were presented together.
Council member Crompton moved to approve Resolution No. 10-08-09-04 for Landscape
Maintenance Service Contracts and change order on (27) municipal sites to Landscapes, USA.
Council member Massey seconded the motion, which carried 7 - 0.
FOR: Mayor Ben White, Mayor Pro tem Ruesink, Crompton, Massey, Maloney, Lyles and Stewart
AGAINST: None
5. Presentation, possible action, and discussio~l regarding the City's appointment to the Rrazos -
Count)' Appraisal District.
City Manager Glenn Brown provided information about an expired position on the Brazos Caunty
Appraisal District, which currently is Dr. Ronald Kaiser. Staff recommended reappointing Dr. Kaiser
for another term as the City's representative on the Brazos County Appraisal District's Board of
Directors.
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City Council Regular Minutes
Thursday, October 08, 2009
Council member Maloney moved to approve the reappointment of Dr. Ronald Kaiser to the Brazos
County Appraisal District's Board of Directors. Mayor Pro tem Ruesink seconded the motion, which
carried 7 - 0.
FOR: Mayor Ben White, Mayor Pro tem Ruesink, Crompton, Massey, Maloney, Lyles and Stewart
AGAINST: None
6. Adiourn. -
Hearing no objections, Mayor White adjourned the meeting at 7:30 p.m. on Thursday, October 8,
2009.
PASSED AND APPROVED this November 9,2009
ATTEST: APPROVED:
City Secretary Connie Hooks Mayor Ben White
Mayor
Ben White
Mayor Pro Tem
David Ruesink
City Manager
Glenn Brown
CITY OF COLLEGE STATION
Home of Texas A&M Universily"
Councilmembers
John Crompton
James Massey
Dennis Maloney
Katy-Marie Lyles
Lawrence Stewart
COUNCIL PRESENT: Mayor Ben White, Mayor Pro Tem Ruesink, Council members Crompton,
Massey, Maloney, Lyles and Stewart
STAFF PRESENT: City Manager Brown, Assistant City Manager Merrill, Assistant City Manager
IVeeley, City Attorney Cargill Jr., Deputy City Secretary McNutt, Management Team
1. Presentation, possible action, and discussion on items listed on the consent agenda. -
Item No. 2b - Council member Ruesink inquired if any additional bids were submitted for the
Texas Avenue Streetscape Construction Contract. Staff replied numerous bids were received.
Item No. 2i - Council member Maloney inquired on Wolf Pen Creek Water and Festival Area
Professional Services Contract and what direction or proposal has Clark Condon Associates,
Inc given on festival site.
Item No. 2h - Mayor White pulled item for discussion - Tanya McNutt, Deputy City Secretary
explained ballot language changes due to software issues. Also, the purpose of revising
resolution was to relocate polling place location of Precinct No. 80 to Christ United Methodist
Church from Brazos Valley Bank. The ILA with Brazos County was amended to reflect this
change.
2. Presentation, possible action, and discussion concerning an alternative to address the -
administrative office space needs for city staff, the need for a larger city council chamber, and
more public meeting space.
City Manager Glenn Brown introduced the item with general comments.
Chuck Gilman, Director of Capital Projects identified an option that will help further centralize City
operations; to improve City's efficiencies and lend itself favorable towards Council long term goal
to consolidate city services along Krenek Tap Corridor and strategically allow for our growth as a
City.
Mr. Gilman explained that the next step was to retain the services of an architect to conduct a
feasibility study for this alternative plan. The scope of this study would include the following:
1. Facility program for the office and meeting space needs.
2. Evaluate the existing building to determine the feasibility of expanding the building:
Access/egress locations
Internal circulation
Lobby space
City Council Workshop Meeting
Thursday, October 8, 2009
Page 2
Independent structure/single structure
Aesthetics
3. Preliminary floor plan for the building expansion.
4. Opinion of probable construction cost for the expansion.
Staff recommended proceeding with a study to evaluate the feasibility of expanding the Municipal
Courts Building, or receive alternative direction from Council.
Council directed staff to proceed with the understanding of keeping Council informed step by step.
3, Presentation, possible action and discussion regarding Cell Phone Use in School Zones.
Mark Smith, Director of Public Works presented an overview of the last Legislative Session, House
Bill 55 that approved a new law making it an offense to use wireless communication devices while
driving in a school zone. Staff recommended enforcement on recent amendments to the
Transportation Code that prohibits the use of wireless communication devices by drivers in schools
zones.
Council member Massey made a motion to prohibit wireless communication while driving in school
zones. Council member Stewart seconded the motion, which carried 7 - 0.
FOR: Mayor Ben White, Mayor Pro Tem Ruesink, Crompton, Massey, Maloney, Lyles and Stewart
AGAINST: None
4. Presentation, possible action, and discussion regarding a proposed amendment to the City's -
smoking ordinance that would define tobacco/cigar bars in the City and add them as an
exception.
Hayden Migl, Assistant to the City Manager presented an overview of City's smoking ordinance
passed on January 22 of this year prohibiting smoking in workplaces, bars and bar areas. Exceptions
to the existing ordinance included specialty tobacco stores and actors or actresses participating in a
theatrical performance. After the ordinance was passed, staff contacted bar owners to ensure that
their businesses came into compliance and Police allowed a 30-day grace period in lylhich the
ordinance was enforced but no citations were issued.
Since that time an issue has come up regarding the Hookah Station located at Northgate. The Hookah
Station is a bar that customers smoke flavored tobacco from hookahs, but they are also allowing other
forms of smoking in the establishment. There have been complaints from other bar owners in the City
that this is not equitable since the Hookah Station operates as a bar. The Hookah Station owners'
argument is the ordinance allows their bar to currently operate as it is today because they are a
tobacco specialty shop; however, City staff has pointed out that a majority of their revenue comes
from the sale of alcohol which makes them a bar according to the ordinance. The owners of the
Hookah Station have met with the City and requested an exception. This business is not currently in
compliance with the ordinance, but enforcement action is not being taken at this location until
direction is received from Council. Staff requested Council's direction on determining how to move
City Council Workshop Meeting
Thursday, October 8,2009
Page 3
forward with an amendment that would define tobaccolcigar bars in the City and add them as an
exception or leave present ordinance as is.
Davis Watson, Attorney for owner of Hookah Station requested Council's approval of proposed
amendment to City's smoking ordinance
Council member Crompton made a motion to direct Assistant to the City Manager Hayden Migl and
the Legal Department staff to return to Council with a definition of a tobacco specialty shop until
further action is taken by Council. Council member Massey seconded the motion, which carried 6-1.
FOR: Mayor Ben White, Crompton, Mayor Pro Tem Ruesink, Massey, Maloney and Stewart
AGAINST: Council member Lyles
5. Presentation, possible actions and discussion regarding street maintenance operations for -
existing roadway infrastructure.
Mark Smith, Director of Public Works presented information describing the management strategies
toward existing roadway infrastructure, service levels and costs for future street maintenance
operations.
Council directed staff to provide a detail report on proposed transportation user fees to fund these
projects with input from the Transportation Committee. No formal action was taken.
6. Council Calendar -
Council reviewed upcoming meetings and events.
7. Presentation, possible action, and discussion on future agenda items: A Council Member may -
inquire about a subject for which notice has not been given. A statement of specific factual
information or the recitation of existing policy may be given. Any deliberation shall be limited
to a proposal to place the subiect on an agenda for a subsequent meeting.
No items were presented for future agendas.
8. Discussion, review and possible action regarding the following meetings: Arts Council of the -
Brazos Valley, Audit Committee, Brazos County Health Dept., Brazos Valley Council of
Governments, Brazos Valley Wide Area Communications Task Force, Cemetery Committee,
Code Review Committee, Design Review Board, Historic Preservation Committee, Interfaith
Dialogue Association, Intergovernmental Committee, Joint Relief Funding Review Committee,
Landmark Commission, Library Committee, Metropolitan Planning Organization, National
League of Cities, Outside Agency Funding Review, Parks and Recreation Board, Planning and
Zoning Commission, Sister City Association, TAMU Student Senate, Research Valley
Partnership, Regional Transportation Committee for Council of Governments, Texas
Municipal League, Transportation Committee, Wolf Pen Creek Oversight Committee, Wolf
Pen Creek TIF Board, Zoning Board of Adjustments, BVSWMA, Signature Event Task
Force, (Notice of Agendas posted on City Rall bulletin board).
Council member Ruesink reported on Sister Cities Committee meeting held this month. Topic related
to the process of recruiting youth19th or 1 oth grade to be considered for travel to Germany or Russia.
City Council Workshop Meeting
Thursday, October 8,2009
Page 4
Council member Lyles reported on the Arts Council meeting held this month. Topic related to the
success of celebrating the arts programs, approval of revised budget, the hiring of executive director
and the discussion of future upcoming events.
Council member Massey reported on National Night Out that was held this month. Topic related to
success of 47 neighborhood watch parties in the community.
Mayor White reported on Metropolitan Planning Organization meeting held this month. Topic
related to an interesting project called Gulf Coast Strategic Interstate System. Also a team of four (4)
Glenn Brown, Mayor White, John Crompton, Bob Cowell and the Chamber of Commerce met with
group of five (5) developers and had a good dialog on homeowners associations and the future of
College Station.
At 5:15 pm, Mayor White announced that the City Council would convene into executive session
pursuant to Sections 551.071 and 551.072 of the Open Meetings Act to seek the advice of our city
attorney, and to consider the purchase of real property.
Executive Session will immediately follow the workshop meeting in the Administrative
Conference Room.
Consultation with Attorney {Gov't Code Section 551.0711; possible action. The City Council
may seek advice from its attorney regarding a pending or contemplated litigation subject or
settlement offer or attorney-client privileged information. Litigation is an ongoing process and
questions may arise as to a litigation tactic or settlement offer, which needs to be discussed with
the City Council. Upon occasion the City Council may need information from its attorney as to
the status of a pending or contemplated litigation subject or settlement offer or attorney-client
privileged information. After executive session discussion, any final action or vote taken will be
in public. The following subiect(s) may be discussed:
a. Application with TCEQ for permits in Westsideklighway 60 area, near Brushy Water
Supply Corporation
b. Sewer CCN permit requests for Brushy & Wellborn Services Areas
c. Water CCN permit requests for Brushy & Wellborn Services Areas
d. Bed & Banks Water Rights Discharge Permits for College Station and Bryan
e. Legal aspects of Water Well, permits and possible purchase of or lease of water well sires
f. Cliff A. Skiles, DVM & C.A. Skiles Family Partnership, Ltd. Water permit applications
with the Brazos Valley Groundwater Conservation District
g. TMPA v. PUC (College Station filed Intervention)
h. City of Bryan suit filed against College Station, Legal issues and advise on Brazos Valley
Solid Waste Management Agency contract, on proposed methane gas contract
i. Update on legal proceedings for Grimes County Landfill site and contracts for
development of Grimes County site
j. Weingarten Realty Investors v. College Station, Ron Silvia, David Ruesink, Lynn
McIlhaney, and Ben White
City Council Workshop Meeting
Thursday, October 8, 2009
Page 5
k. Chavers et a1 v. Tyrone Morrows, Michael Ikner, City of Bryan, City of College Station,
et a1
1. Rogers Sheridan v. Barbara Schob & Greg Abbott
m. Clancey v. College Station, Glenn Brown, and Kathy Merrill
n. Legal issues related to Economic Development Agreement between City of College
Station & Sahara Realty
o. Legal issues related to the real estate contract between City of College Station and CHSC,
Ltd.
Real Estate {Gov't Code Section 551.072); possible action The City Council may deliberate the
purchase, exchange, lease or value of real property if deliberation in an open meeting would
have a detrimental effect on the position of the City in negotiations with a third person. After
executive session discussion, any final action or vote taken will be in public. The following
subject(s) may be discussed:
a. Property located south of the intersection of George Bush Drive and Holleman Drive
10. Action on executive session or any workshop agenda item not completed or discussed in
todav's workshop meeting may be discussed in tonight's Regular Meeting if necessary.
Council returned to open session at 7:00 pm. No action was taken.
11. Adiourn. -
The workshop meeting concluded at 7:00 p.m.
PASSED AND APPROVED this 9th day of November, 2009.
ATTEST: APPROVED:
City Secretary Connie Hooks Mayor Ben White
Mayor
Ben White
Mayor Pro Tem
David Ruesink
City Manager
Glenn Brown
Councilmembers
John Crompton
James Massey
Dennis Maloney
Katy-Marie Lyles
Lawrence Stewart
Minutes
City Council Workshop & Regular Meeting
Monday, October 19,2009 at 12:OO p.m.
City Hall Council Chambers, 1101 Texas Avenue
College Station, Texas
COUNCIL PRESENT: Mayor Ben White, Mayor Pro Tem Ruesink, Council members Crompton, Massey,
Maloney, Lyles, Stewart
STAFF PRESENT: City Manager Brown, Assistant City Manager Merrill, Assistant City Manager Neeley,
City Attorney Cargill Jr., City Secretary Hooks, Deputy City Secretary McNutt, Management Team
1. Pledge of Allegiance, Invocation, Consider absence request.
Mayor White called the meeting to order at 12:OO pm with all Council members present. Mayor White
led the audience in the Pledge of Allegiance and provided the invocation.
2. Hear Visitors. -
Daniel Dick, liaison from TAMU Student Senate reported on the progress of involvement with the City
as a non-voting member on the City Council.
3. Presentation, possible action anti discussion of consent agenda items which consists of nlinisterial -
or "housekeeping" items rey uired bv law. Items mav be removed froill the conscnt agenda by
majority vote of the Council.
a. Approved minutes for City Council Workshop and Regular meeting, September 24,2009.
b. Approved budget of the George Bush Presidential Library Foundation and funding agreement
between the City of College Station and the George Bush Presidential Library Foundation for
FY 10 in the amount of $50,000.
c. Approved Resolution No. 10-19-09-3c stating that the City Council has reviewed and approved
the City's Investment Policy, Broker-Dealer List and Investment Strategy.
d. Approved funding agreement between the City of College Station and the Keep Brazos Beautiful
for FY I0 in the amount of $60,240.
Page 12
City Council Minutes
Monday, October 19,2009
e. Approved Master Cash Management Service Agreement with the City's bank depository, Citibank
Texas, N.A.
f. Approved Resolution No. 10-19-09-3f authorizing expenditures for the Brazos Animal Shelter in
the amount of $71,2 14.
g. Approved changes to the City's Homebuyer Down-Payment Assistance Program (DAP)
Guidelines.
h. Approved Resolution No. 10-19-09-3h awarding contract 09-306 to HDR Engineering Inc in the
amount of $209,500 for a Wastewater Collection System Planning Evaluation.
i. Approved change order to the Design Contract 06-238 with Bleyl and Associates in the amount of
$5,350; for the Westminster Sanitary Sewer Line Extension Project to update the topographic
survey and revise the design drawings to reflect current conditions.
j. Approved Resolution No. 10-19-09-3i awarding bids for the installation of roadway traffic
markings and traffic control to lowest responsible bidder Highway Technology of Austin, Texas in
the amount of $163,182.50 and, Resolution No. 10-19-09-3i-a on traffic control services to lowest
responsible bidder N-Line Traffic Maintenance of Bryan, Texas in the amount of $1 8,706.25.
k. Approved request for release of lien on 150 Venture Lane currently held by the City.
I. Approved authorizing the payment of an economic development incentive in the total amount of
$250,000 to Texas A&M University's Texas Institute for Preclinical Studies (TIPS).
m Approved an Interlocal Agreement between the Cities of College Station, Bryan, and Wickson
Creek Special Utility District (WCSUD) in the amount of $171,833.00 to extend water service to
the BVSWMA Twin Oaks Landfill in Grimes County and a payment authorization in the amount
of $16,976.00 for easements assigned to WCSUD related to the water service extension project.
n. Approved Service, Construction and Defined Corporate Easement Application/Agreements
between the Cities of College Station, Bryan, and Mid-South Synergy in the total amount of
$54,142.54 to connect electric service to the BVSWMA Twin Oaks Landfill in Grimes County.
o. Approved purchase of a D8T Dozer from Mustang Tractor & Equipment to be used by the Brazos
Valley Solid Waste Management Agency in the amount of $719,000.00.
p. Approved increase in funds for professional services rendered in fiscal year 2009 from Coats,
Rose, Yale, Ryman & Lee PC for litigation concerning the Brazos Valley Solid Waste
Management Agency (BVSWMA) in the amount of $33.284.46 for a total of $123,284.46.
Approval by the Council of this request will ratify $33,284.46 expended for additional legal costs
associated with this project through September 30, 2009.
q. Approved agreement in an amount not to exceed $60,000 with the legal firm of Nichols, Jackson,
Dillard, Hager & Smith, L.L.P. to establish an entity, such as a local government corporation, to
Page 13
City Council Minutes
Monday, October 19,2009
own and operate Brazos Valley Solid Waste Management Agency and authorization for the Mayor
to execute the agreement. (Pulled for separate vote 6-1 - Council member Maloney voted
against.)
r. Presentation, possible action, and discussion regarding an amendment to the Economic
Development, Drainage and Corridor Beautification Participation Agreement between the City of
College Station and Sahara Realty. (Language for motion is contingent on acquiring Mr.
Scarmardo's signature)
Item No. 3b - Council member Maloney inquired on funds for Library.
Council member Crompton moved to approve consent items 3a thru 3p and item 3r contingent
upon Mr. Scarmardo's signature.
Council member Massey seconded the motion, which carried 7-0.
FOR: Mayor Ben White, Mayor Pro tem Ruesink, Crompton, Massey, Maloney, Lyles and Stewart
AGAINST: None
Council member Crompton moved to approve consent item 3q. Council member Massey
seconded the motion, which carried 6 - 1.
FOR: Mayor Ben White, Mayor Pro tem Ruesink, Crompton, Massey, Lyles and Stewart
AGAINST: Council member Maloney
3. Presentation, possible action, and discussion rerarding construction on the campus of Texas -
A&M Uuiversitv and their current capital project program.
Mr. Chuck Sippial, Vice President for Facilities at TAMU introduced Lt. General Joe Weber (Ret.),
Vice President of Student Affairs and TAMU intern Richard Fox.
Mr. Sippial presented an update to the City Council on current projects occuring on TAMU campus
totaling more than $700 million.
Lt. General Joe Weber (Ret.), Vice President of Student Affairs updated Council on TAMU's master
plan for future student housing projects in Hensel Park Area.
9. Presentation, possible action, and discussio~i regarding the approval of a Real Estate Contract -
for the purcl~ase of 204 - 220 Hollemal~ Drive East.
David Gwin, Director of Economic and Community Development presented a proposed real estate
contract for nine lots totaling 6.1 368 acres located at 204 - 220 Holleman Drive East. The intended use
of these properties is to promote targeted development in this area of the community and provide
additional housing and job opportunities to low to moderate income households. Staff recommended
approval of the purchase contract for 204 - 220 Holleman Drive East.
Council member Crompton moved to approve real estate contract for the purchase of 204 - 220
Holleman Drive East. Council member Stewart seconded the motion, which carried 7-0.
Page (4
City Council Minutes
Monday, October 19,2009
FOR: Mayor Ben White, Mayor Pro tem Ruesink, Crompton, Massey, Maloney, Lyles and Stewart
AGAINST: None
6. Presentation, nossible action and discussion to approve a funding: addendum that will authorize -
expenditures for the Brazos Countv Health 1)epartment in the amount of $351,500.
Jeff Kersten, Chief Financial Officer presented the purpose of a proposed funding addendum th:.t will
authorize expenditures for the Brazos County Health Department. Staff recommended approval of the
hnding addendum in the amount of $35 1,500 to the Brazos County Health Department.
Council member Crompton requested Council to send back to Health Committee for a cost allocation
before approving the ILA with the Health Department and at that time approve a six month budget for
the Health Department instead of a year.
Council member Crompton moved to approve a six month budget instead of a twelve month budget for
Brazos County Health Department. Council member Maloney seconded the motion.
Ken Bost, of the Brazos County Health Department briefly explained the complexity of a 3.3 million
budget, which the City of College Station funds $35 1,500 upon approval of budget. So, the ability to
gather data Council is requesting will be challenging, due all the services that health department
provides.
Council member Crompton expressed his appreciation to Ken's explanation of the complexity of
gathering this data and would withdraw his motion with at least a time number and multiplied by visits
and look at time instead of dollars to give Council some kind of feel for services being funded.
Council member Crompton withdrew his motion and Council member Maloney withdrew his second.
Council member Massey moved to approve the funding addendum in the amount of $351,500 to the
Brazos County Health Department. Council member Lyles seconded the motion, which carried 7 - 0.
FOR: Mayor Ben White, Mayor Pro tem Ruesink, Crompton, Massey, Maloney, Lyles and Stewart
AGAINST: None
5. Presentatio~~, possible action, and discussio~l regarding the potential creation of a "Medical -
Corridor" in the southern portioil of the City.
David Gwin, Director of Economic and Community Development presented an outline of proposed
parameter of a "Medical Corridor," in the southern portion of the City. A comprehensive study to
better determine the corridor's exact size and scope, associated market analysis, economic impact
forecasting and modeling, and initiative visioning exercise is being proposed as the first phase of this
project and once completed is expected to position the City to implement this major economic
development initiative. Further, staff recommended approval and has preliminarily identified several
key corridor elements to be explored under the proposed study, including signage, landscaping,
pedestrian amenities, roadway enhancements and distinct design standards. It is anticipated that this
City-administered study will be conducted by Schrickel, Rollins and Associates (SRA) and take
approximately eighteen months to complete. If approved, a partnership, as proposed with The Med, is
the preferred method.
Page 15
City Council Minutes
Monday, October 19,2009
Mayor Pro tem Ruesink moved to approve the College Station Medical Corridor project. Council
member Lyles seconded the motion, which carried 7 - 0.
FOR: Mayor Ben White, Mayor Pro tem Ruesink, Crompton, Massey, Maloney, Lyles and Stewart
AGAINST: None
7. Prcscntation, possible action, and discussion on a potential amendment to the Unified -
'1)eveIopment Ordinance related to architectural standards for n~unicipal facilities that are
industrial in nature.
David Coleman, Director of Public Utilities presented proposed amendment that would exempt
municipal facilities of an industrial nature from the Non-Residential Architectural (lVRA) Standards
contained in the City's Unified Development Ordinance (UDO). Currently the UDO includes an
exemption for both public and private developments on industrial zoned properties. Because municipal
facilities are permitted in all zoning districts, it is unusual that City-owned property carry an industrial
zoning designation. The proposed amendment would allow municipal industrial facilities to comply
with the same standards that are in place for privately developed industrial facilities. A current
example of an industrial facility is a new building under design, to be constructed at the Carters Creek
Wastewater Treatment Plant, which will house the Water Services Laboratory and computer servers.
For the new Lab Building, approximately $56,000 can be saved if it were exempt from the NRA
standards, and designed to match the architecture of the main administrative building at the Carters
Creek plant.
Examples of cost savings are:
Exterior Building Materials - Use matching brick, which is less expensive.
Landscaping - Use Xeriscape, which will not require irrigation.
Building Mass & Design - D elete the delineating columns on the exterior walls
Staff requested Council to consider a UDO amendment to make architectural requirements for City
industrial uses on parity with private industrial uses.
City Attorney Harvey Cargill recommended Council to make a motion for staff to develop language for
proposed UDO amendment for future use.
Council member Lyles moved to approve staff to develop language proposed UDO amendment for
future use. Council member Maloney seconded the motion, which carried 7 - 0.
FOR: Mayor Ben White, Mayor Pro tem Ruesink, Crompton, Massey, Maloney, Lyles and Stewart
AGAINST: None
8. Presentation, possible action and discussion on a resol~~tio~~ approving a preliminam official -
statement, and related material; and on an ordinance authorizing the issuance and sale of Cltv of
College Station, Texas General Obligation Refundi~~g Bonds, Series 2009; establishing
parameters regardine the sale of the bonds; approving the execution of an escrow agreement;
and ordainiug other matters related thereto, including immediate effectiveness.
Jeff Kersten, Chief Financial Oficer introduced Drew Masterson, City's Financial Advisor with First
Southwest Company.
Pege 16
City Council Minutes
Monday, October 19,2009
City's Financial Advisor Drew Masterson with First Southwest Company presented the City with an
opportunity to issue refund bonds for several of our outstanding General Obligation Bond issues.
Refunding is issuing new debt to replace and pay off existing debt. Refunding can be done far a
number of reasons; however, most often are used to accrue a savings against the current debt.
The bonds that are proposed to be refunded are:
General Obligation & Refunding Bonds, Series 1998 $ 740,000
General Obligation, Series 1999 $3,100,000
General Obligation Bonds, Series 2000 $ 865,000
Certificates of Obligation, Series 2000A (Parking Garage) $4,220.000
$8,925,000
Council member Maloney moved to approve Resolution No. 10-19-09-08 approving the preliminary
official statement, and related materials; and Ordinance No. 3211 authorizing the issuance and sale of
General Obligation Refunding Bonds, Series 2009; establishing parameters regarding the sale of the
bonds; approving the execution of an escrow agreement; and ordaining other matters related thereto,
including immediate effectiveness. Council member Massey seconded the motion, which carried 7 - 0.
FOR: Mayor Ben White, Mayor Pro tem Ruesink, Crompton, Massey, Maloney, Lyles and Stewart
AGAINST: None
10. Presentatioa, possible action, and discussioil regarding update to the cxisting ordih~a~ -
regulating taxicabs operating withill the city limits of College Station.
Larry Johnson, Assistant Chief of Police updated Council on existing taxicab ordinance and regulations
and the ordinance intention to provide for and promote adequate and efficient vehicles for hire in the
City of College Station. But the current City ordinance does not regulate taxi fare rates and only
requires fare rate be displayed in a "conspicuous place" inside the taxi. Staff recommended fares to be
displayed both inside and outside of vehicle and taxi vehicle maximum age not more than five (5)
years.
Council member Crompton moved to approve displaying fares both inside and outside of vehicle and
refer remainder of issues, such as maximum age and flat fare rates to Transportation Committee.
Council member Lyles seconded the motion, which carried 7 - 0.
FOR: Mayor Ben White, Mayor Pro tem Ruesink, Crompton, Massey, Maloney, Lyles and Stewart
AGAINST: None
1.1. Presentation. possible action, and discussion regarding video surveillance cameras recentlv -
installed in the Northgate Entertainment District.
Ben Roper, Director of Information Technology reported and demonstrated the pilot video surveillance
cameras in the Northgate Entertainment District which were installed the week of September 21st.
Also, policy and procedures documents are being developed and finalized to govern use of the system.
No formal action was taken.
12. Presentation, possible action and discussion regarding the College Station Storrn Water -
Page 17
City Council Minutes
Monday, October 19,2009
Management Plan.
Alan Gibbs, City Engineer presented brief annual report of the Storm Water Management Program and
a five year period implementation of storm water program to eliminate pollution.
No formal action was taken.
13. Council Calendar -
Council reviewed upcoming events.
14. Presentation, possible action, and discussion on future agenda items: A Coi~ncil Member mav
7
inquire about a subiect for which notice lias iiot been given. A statement of specific factual
infortriation or the recitation of exist in^ policv may be ~iven. Anv deliberation shall be limited to
a proposal to place the subiect on an agenda for a subseq~~ent meetinu.
Council member Maloney inquired on upcoming appointment to Code Development subcommittee.
15. Discnssion, review and possible actio~l regarding the following meetings: Arts Council of the -
Brazos Valley, Audit Committee, Brazos County Health Dept., Brazos Valley Council of
Governments, Brazos Vallev Wide Area Communications Task Force, Ceineterv Committee,
Code Review Committee, Design Review Board, Historic Preservation Committee, Interfaith
Dialogue Associatio~i, Intergovernmental Committee. Joint Relief Funding Review Comn-ittee,
Landmark Commission, Librarv Committee, Metropolita~~ Planning Organization, National
League of Cities, Outside Agency fund in^ Review, Parks and Recreation Board, Planiii~ig and
Zoning Commission, Sister City i\ssociation, TAMU Student Senate, Research Vallev
Partnership, Ke~ional Transportation Committee for Council of Governments, Texas Municipal
Leagne, Transportation Committee, Wolf Pen Creek Oversight Committee, Wolf Pen Creek TIF
Board. Zoning Hoard of Adiostments, BVSWMA, Signature Event Task Force, (Notice of
Agendas posted on City Hall bulletin 1)oard).
No discussion was held.
-
At 3:30 pm, Mayor White announced that the City Council would convene into executive session
pursuant to Sections 55 1.071, 55 1.072, and 55 1.087 of the Open Meetings Act to seek the advice of our
city attorney, to consider the purchase of real property and economic development negotiations.
16. Executive Session will i~nmediatelv follow the workshop meeti~ig in tlie Administrative -
Conference Room.
Consultation with Attorney {Gov't Code Section 551.071); possible action. The City CounciC may . -
seek advice from its attorney regarding a pending or contemplated ~iti~atibn subject or
settlement offer or attorney-client privileged information. Litigation is an ongoing process and
questions may arise as to a litigation tactic or settlement offer, which needs to be discussed with
the City Council. Upon occasion the City Council may need information from its attorney as to
the status of a pending or contemplated litigation subject or settlement offer or attorney-client
privileged information. After executive session discussion, any final action or vote taken will be in
public. The following subject(s) may be discussed:
a. Application with TCEQ for permits in WestsideHighway 60 area, near Brushy Water
Supply Corporation
b. Sewer CCN permit requests for Brushy & Wellborn Services Areas
Page 18
City Council Minutes
Monday, October 19,2009
c. Water CCN permit requests for Brushy & Wellborn Services Areas
d. Bed & Banks Water Rights Discharge Permits for College Station and Bryan
e. Legal aspects of Water Well, permits and possible purchase of or lease of water well sites
f. Cliff A. Skiles, DVM & C.A. Skiles Family Partnership, Ltd. Water permit applications with
the Brazos Valley Groundwater Conservation District
g. TMPA v. PUC (College Station filed Intervention)
h. City of Bryan suit filed against College Station, Legal issues and advise on Brazos Valley
Solid Waste Management Agency contract, on proposed methane gas contract
1. Update on legal proceedings for Grimes County Landfill site and contracts for development of
Grimes County site
j. Weingarten Realty Investors v. College Station, Ron Silvia, David Ruesink, Lynn
McIlhaney, and Ben White
k. Chavers et al v. Tyrone Morrows, Michael Ikner, City of Bryan, City of College Station, et al
1. Rogers Sheridan v. Barbara Schob & Greg Abbott
m. Clancey v. College Station, Glenn Brown, and Kathy Merrill
n. Legal issues related to the real estate contract between City of College Station and CHSC,
Ltd.
Real Estate {Gov't Code Section 551.072); possible action The City Council may deliberate the
purchase, exchange, lease or value of real property if deliberation in an open meeting would have a
detrimental effect on the position ofthe City in negotiations with a third person. After executive session
discussion, any final action or vote taken will be in public. The following subject(s) may be discussed:
a. Possible Purchase or Exchange of Property near E. University and Tarrow
Economic Incentive Negotiations {Gov't Code Section 551.087); possible action The City Council
may deliberate on commercial or financial information that the City Council has received from a business
prospect that the City Council seeks to have locate, stay or expand in or near the city with which the City
Council in conducting economic development negotiations may deliberate on an offer of financial or
other incentives for a business prospect. After executive session discussion, any final action or vote taken
will be in public. The following subject(s) may be discussed:
a. Arctic Wolf Ice Center
17. Action on executive session or any workshop agenda item not completed or discussed in today's
workshop meeting may be discussed in tonight's Regular Meeting if necessary.
No formal action was taken.
18. Adiourn.
Hearing no objections, Mayor White adjourned the meeting at 5:00 p.m. on Monday, October 19,2009.
PASSED AND APPROVED this November 9,2009
ATTEST: APPROVED:
City Secretary Connie Hooks Mayor Ben White
November 9, 2009
Consent Agenda Item No. 3b
Emulsified Asphalt Price Agreement
To : Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action, and discussion regarding renewal
of an annual price agreement with Ergon Asphalt & Emulsions to provide emulsified
asphalt products for the maintenance of streets in an amount not to exceed
$478,104.
Recommendation(s): Staff recommends approval of the renewal for one year to
Ergon Asphalt & Emulsions.
Summary: Ergon Asphalt & Emulsions was the successful bidder for the FY2009
blanket purchase agreement. Emulsified asphalt is used for the seal coat process,
pothole repair and maintenance of streets in the City. This renewal is the first of two
optional annual renewals of the current contract. The contract supports maintenance
operations in the Street Maintenance Division.
Budget & Financial Summary: Funding is available in the operating budget of
the Street Maintenance Division.
Attachments: Renewal letter
RENEWAL ACCEPTANCE
By signing herewith, I acknowlcdge and agree to renew Bid No. 08-89, for various emulsified
asphalt products, in accordance with all terms and conditions previously agreed to and accepted.
I understand this renewal term will be for the period beginning October 1,2009 thru September
30,2010.
:flflflap&&
AUTHORIZED REP, ENTATIVE
CITY OF COLLEGE STATION
Mayor
ATTEST:
City Secretary
APPROVED:
Chief Financial Officer
OCTOBER 8, 2009
DATE
DATE
DATE
DATE
DATE
DATE
STATE OF TEXAS COlWORATE ACKNOWLEDGMENT
COUNTY OF TRAVIS
This instrument was acknowledged on the 8th day of October ,2009,
by R. M. McKemie in I~islher capacity as Vice President o f
Ergon Asphalt & Emu-, a TEXAS Corporation, on behalf of said corporation.
STATE OF TEXAS
v ' State of Texas
MY COMMISSION EXPIRES: December 5, 2011
ACKNOWLEDGMENT
COUNTY OF BRAZOS
This instru~nent was acknowledged on the day of ,2009,
by , in his capacity as Mayor of the City of College Station, a Texas
home-rulc municipality, on behalf of said lnunicipality.
Notary Public in and for the
State of Texas
City of College Stnliorr
1101 Tans Averrrre
College Slntiorr, TX 77840
I\\\\\, L >I\ 20\
PRICE AGREEMENT
AND
SPECIFICATIONS FOR
EMULSIFIED ASPHALT PRODUCTS
BID #08-89
BID OPENING DATE: AUGUST 22,2008 @2:00 P.M. CST
Bids will bc received at the City of College Station Purchasing Department, 1 10 1 Texas Avenue,
College Station, TX 77842, until August 22, 2008, at 2:00 p.m. CST, and publicly opened and
read aloud at City Hall, 1101 Texas Avenue, College Station, TX. Any questions concerning the
bid should be directed to Cynthia Sciulli, C.P.M., Buyer, Purchasing Services Division, (979)
764-3437. Clearly mark return bid envelope with Bid # and Bid Opening Date.
INTRODUCTION
Bids are solicited for various emulsified asphalt products with the following detinitions, term
and conditions of bidding. Should this bid contain the City's standard contract terms, conditions
and insurance requirements, they will be attached as Exhibit A.
NOTE: Bid opportunities are posted on our website at m.catx.~ov. Some bids, but not
all, are conducive to receipt of bids via the City of College Station's On-Lhe Bidding
System. These bids are encrypted and remain effectively locked until the due date and
time. If you are interested in submitting your bid on-line, you must be registered with the
City of College Station. See On-Line Bidding at ww~y2.c~t,wtg~ for more information.
DEFINITIONS, TERMS AND CONDITIONS
The following instructions apply to all bids and become a part of terms and conditions of any bid
submitted to the City of College Station Purchasing Services Division, unless otherwise
specified elsewhere in this bid request. All bidders are required to be informed of these Terms
and Conditions and will be held responsible for having done so:
Annual Bid for E~nulsified Asphalt Prutlucts Bid 08-89
Certificatioa~
Bids must be completed and submitted on the form included within the specifications of this bid.
Certification of Bid must be fully completed.
Collresion
Advanced disclosures of any information to any particular bidder which gives that pai-ticular
bidder any advantage over any other interested bidder in advance of the opening of bids, whether
in rcsponse to advertising or an informal request for bids, made or permitted by a member of the
governing body or an employee or representative thereof, will cause to void all proposals or that
particular bid solicitation or request.
Comm,unication
The City shall not be responsible for any verbal communication between any employee of the
City and potential bidder(s). Only written specifications and price quotations will be considered.
Delivery
All prices quoted shall be F.O.B. City of College Station. No fieight or delivery charges will be
accepted unless shown on bid.
Exceptions
The bidder will note any exceptions to the conditions of this bid. If no exceptions are stated, it
will be understood that all general and specific conditions will be complied with, without
exception.
Extension of Contract
Upon completion of the term of the original contract and upon the mutual agreement of both
parties, the original contract may be renewed for up to two (2) additional years [three (3) years
total]. The renewal will be under the same terms and conditions as the original contract;
provided, however, that the unit prices bid under the original contract may, by mutual agreement,
be increased by no more than eight percent (8%) of the original contract price. In the event a
new contract cannot be executed at the anniversa~y date of the original term or any renewal term,
the contract may be renewed month-to-month until a new contract is executed.
Fiscal Funding
This contract includes fiscal fiinding provisions. If, for any reason, funds are not appropriated to
continue this contract, said contract shall become null and void.
Forms
Bid proposals will be submitted on the forms provided by Owner. All figures must be written in
ink or typewritten. However, mistakes may be crossed out, corrections inserted adjacent thereto
and initiated in ink by the person signing the proposal. When discrepancies occur between
words and figures, the words shall govern.
Page 4 of 12
November 9, 2009
Consent Agenda Item No. 3c
Homeland Security Grant Program
To : Glenn Brown, City Manager
From: Robert Alley, Fire Chief
Agenda Caption: Presentation, possible action and discussion regarding the approval of a
resolution accepting from the Governors Division of Emergency Management (GDEM) the
2009 Homeland Security Grant Program Sub-recipient of $75,000, naming a City staff
member as manager of those grant funds, and approving the 2009 City of College Station
Equipment List for purchase.
Recommendation(s): Staff recommends acceptance of the grant from Governors Division
of Emergency Management (GDEM), and recommends the emergency management
coordinator be designated as the "Grant Manager" for administration of this grant. It is also
recommended that the attached 2009 City of College Station Equipment List be approved
for purchase.
Summary: The City of College Station has been awarded the Homeland Security program
grant of $75,000 through GDEM. The funding will be used by city departments to purchase
equipment that will enhance our response capabilities to terrorist threats or catastrophic
events. Attached is the equipment list for the 2009 Homeland Security Grant Program which
funds are to be expended. The period of performance of this agreement shall end on
January 15, 2012.
Budget & Financial Summary: This is an equipment grant and the City of College Station
has no matching funds committed. Dependent upon equipment requested future budgets
might include requests for O&M for equipment obtained.
Attachments:
Resolution
2009 Homeland Security Letter to Mayor White
2009 Homeland Security Grant Program Notice of Sub-recipient Award - 08-SR 15976-01 -
a Copy is on file in the City Secretary's Office.
2009 City of College Station Equipment List
RESOLUTION NO.
A RESOLUTION OF THE CIT'Y COTJNCIL OF TI-IE CITY OF COLLEGE STATION,
TEXAS, ACCEPTING THE 2009 HOMELAND SECURITY GRANT PROGRAM SUB-
RECIPIENT AWARD FOR TI-IE PURCHASE OF RESPONSE EQUIPMENT AND
AUTHORIZING A CONTACT PERSON FOR THE CI?'Y.
WHEREAS, the Office for Domestic Preparedness, a component of the {J.S. Department of
Homeland Security, has awarded the Governor's Division of Emergency Management (GDEM)
the 2009 Homeland Security Grant Program; and
WHEREAS, the Govei-nor's Division of Emergency Management (GDEM) has served the City
of College Station with a Notice of Sub-recipient Award for the 2009 I-Iomeland Security Grant
Program in the amount of $75,000 to be used in this performance period ending on January 15,
201 2; and
WHEREAS, the intent of this sub-grant is to aid in the City's ability to enhance its capacity to
prevent, respond to and recover from acts ofterrorism and natural disasters; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF COLLEGE STATION,
TEXAS:
PART 1: That the City Council hereby accepts the Sub-recipient Award for
the 2009 Homeland Security Grant Program in the amount of
$75,000 from the Governor's Division of Emergency Management
(GDEM).
PART 2: That the City Council hereby approves the 2009 City of College
Station Equipment List for purchase to aid in the City's ability to
enhance its capacity to prevent, respond to and recover from acts
of teri.orism and natural disasters.
PART 3: That the City Council hereby authorizes the Emergency
Management Coordinator to serve as the Grant Manager for the
City of College Station to sign agreements with the Governor's
Division of Emergency Management and hereby designates said
position to receive this award on behalf of the City of College
Station.
PART 4: That this resolution shall take effect immediately from and after its
passage.
RESOLUTION NO. Page 2
ADOPTED this day of , A.D. 2009.
ATTEST: APPROVED:
City Secretary Mayor
City Attorney '
The Honorable Ben mite
Mayor, City of College Station
P.O. Box 9960
October 1,2009
College Station, TX 77842-0960
Dear Mayor White:
Your jurisdiction is being awarded a sub-grant for the Fiscal Year (FY) 2009 Homeland Security Grant Program
(HSGP) to carry out homeland security projects that will significantly improve local and regional terrorism
prevention, preparedness, response, and recover capabilities. Proposed local, regional, and urban area projects were
grouped into investments that were submitted to U. S. Department of Homeland Security (DHS) for review and
approval. Grant hds must be used for projects which support the investments approved by DHS, which are
identified in Enclosure I.
The following additional grant-related documents are enclosed:
Notice of Sub-recipient Award (SRA) - Enclosure 2
The Notice of Sub-recipient Award for the 2009 HSGP must be signed by the chief elected official of your
jurisdiction unless that authority has been delegated. Other signatures will require an accompanying statement
from the chief elected official authorizing the individual to sign for the jurisdiction.
Direct Deposit Authorization - Enclosure 3
A. TDEM must have a current Direct Deposit Authorization born yow jurisdiction in order to transfer grant
hds electronically to a designated bank account to reimburse you for grant-funded expenses. Additional
copies are available from the Texas State Con~ptroller's website at:
~tt~://www.window .state.tx,us/taxi~fo/taxfontl~/74-158.pdf. An appropriate local official, typically your
finance officer, must sign the Direct Deposit Authorization.
D. If you submitted a completed Direct Deposit Authorization form with prior Homeland Security Grant
Program awards, you do need to submit another unless your bank account information has changed.
The deadline for returning the signed Notice of Sub-Recipient Award, Exhibit B and C of tire Terms and
Condiriarrs, and Direct Deposit A~~tlto~tion fiyapplicable) is November 18. 2009. The offer of a homeland
security sub-grant will be withdrawn if the required materials are not postmarked by thc due date. Extensions to
this date will not be granted. Please submit above documents to the following addresses:
Mail: PO Box 4087 Austin,Texas 78773 Courier: 5805 N. Lamar Blvd. Austin, Texas 78752
Telephones: Main: 512-424-2138 * 24 hour: 512-424-2208 * Fax: 512-424-2444
Mail: Courier:
Division of Emerge~~cy Management
Attention: SAA Section
P.O. Box 4087
Austin, TX 78773-0270
Division of Emergency Management
Attention: SM Section
5805 N. Lamar
Austin, TX 78752
Please retain a copy of each fonn for your records.
If you have any program questions regarding HSGP, please contact Edwin Staples at the SAA nt 512-377-0002
or 5 12-377-0000.
Sincerely,
Jack Colley
Assistant DirectorlChief
Enclosures:
1. DHS Approved Investmena
2. 2009 Notice of Sub-recipient Award
3. Direct Deposit Authorizalion
2009 State Homeland security Program Grant
Total $ 75,000.00
Line
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
Quanty
3
14
17
24
11
5
5
5
1
2
1
3
24
24
1
3
2 3
1
2
Item #
MDS575WR
NRS 2783
NRS 2338
NRS 2439
NRS 2152
BH-37PR
XTS 5000
NRS 1570
60 CSX
40 HP E-Tec
NRS
NRS 2778
Unit
Descripton
Boat Repair Class
Mustang Dry Suits
Pelican Lights
NRS Workboot
NRS Rescue Gloves
Bigwater 5 Lifejacket
Blackhawk Radio Puoch
Motorola 800 Handheld Radio
RQ3 Hose Inflator
Garmin GPS
Evinrude 40HP E-Tec 2 stroke
Motorola XTS 2500
Princeton -Tec Aqua Strobe
Princeton - Tec EOS Headlight
Rope Rescue Equipment
Lighting Detector
Rain Gear Blauer
Military Rrepair Kit
Viking Pro 1000 Turbo Dry Suit
Price
$200.00
$905.57
$27.00
$47.95
$32.95
$77.50
$44.95
$4,500.00
$360.00
$1,596.87
$6,058.33
$3,423.00
$26.95
$32.95
$3,900.00
$270.00
$202.50
$1,951.35
$2,000.00
Total
$600.00
$12,677.98
$459.00
$1,150.80 -
$362.45
$387.50
$224.75
$22,500.00
$360.00
$3,193.74
$6,058.33
$10,269.00
$646.80
$790.80
$3,900.00
$810.00
$4,657.50
$1,951.35
$4,000.00
November 9, 2009
Consent Agenda Item No. 3d
Food Establishment Permit Fee
To : Glenn Brown, City Manager
From: City Manager's Office
Agenda Caption: Presentation, possible action, and discussion to approve a resolution
increasing the food establishment health permit fee collected by the Brazos County Health
Department to a flat fee of $400 a year, beginning with the 2010 permit.
Recommendation(s): Staff recommends approval of the resolution.
Summary: The Brazos County Health Department has requested that the fee charged for
food establishment health permits be increased to a flat fee of $400 a year, beginning with
the 2010 permit. The Health Department carries out a number of health related functions
for the City by contract. The fees help to offset the costs to the City of those functions.
Chapter 7 "Health and Sanitation" of the College Station Code of Ordinances requires that
this fee is set by a resolution of the City Council.
Mr. Don Plitt, Director of Environmental Health Services for the Brazos County Health
Department, is scheduled to be at the Council meeting if there are any questions regarding
this item.
Budget & Financial Summary: The food establishment health permit fee is currently $300
and was last increased two years ago. This fee helps cover the Health Department's
operational costs involved with food establishment health permits.
Attachments:
1. Resolution
2. Letter from Health Department
3. Chapter 7 "Health and Sanitation", Section 5: Food Establishments of the Code of
Ordinances
RESOLUTION NO.
A RESOLUTlON OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, INCREASING THE FOOD ESTABLISHMENT HEALTH PERMIT FEE TO
A FLAT FEE OF FOUR HUNDRED DOLLARS ($400) A YEAR, BEGINNING WITH
THE 20 1 0 PERMIT.
WHEREAS, The City Council of the City of College Station has the authority to set the
health permit fees for food establishments under Chapter 7: Health and Sanitation of the
Code of Ordinances, Section 5,B(2)(a); and
WHEREAS, The City Council of the City of College Station has received a request from
the Director of Environmeiltal Health Services of the Brazos County Health Department
to increase the food establishment health permit fee to a flat fee of $400 a year, beginning
with the 20 10 permit; and
WHEREAS, The Brazos County Health Department carries out a number of health
related functions for the City by contract; and
WHEREAS, The fees help to offset the costs to the City of those functions; now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS:
PART 1: That the City Council hereby increases the food establishment health
permit fee to a flat fee of four hundred dollars ($400) a year, beginning
with the 20 10 permit.
PART 2: That this Resolution shall take effect immediately.
ADOPTED this 9th day of November, A.D. 2009.
ATTEST: APPROVED:
City Secretary Mayor
APPROVED:
BRAZOS COUNTY HEALTH DEPARTMENT
201 NORTH TEXAS AVENUE BRYAN. TEXAS 77803-531 7
(979) 361-4440 Fax (979) 823-2275
E-mail: henlthdept@co.b~.azos.~x.~~s
www.co.brazos.tx.r~slhcnlth
October 15, 2009
The Environmental Health Services of the Brazos County Health
Department requests .the College Station City Council to increase the food
establishment health permit fee to a flat fee of $400/year, beginning with the
201 0 permit.
Sincerely,
Don Plitt
Director- Environmental Health Services
SECTION 5: FOOD ESTABLISHMENTS
A. - TEXAS.DEPARTMENT OF HEALTH, DIVISION OF'FOOD AND DRUGS,
"RULES ON TEXAS FOOD ESTABLISHNIENTS 229.161 - 229.1 71 and 229.1 73 - 229.175".
ADOPTED
The definitions; the inspection of food service establishments; the issuance, suspension and
revocation of permits to operate food service establishments; the prohibiting of the sale of
unsound or mislabeled food or drink; regulating the sale of food from mobile food units; and
the enforcement of this ordinance shall be regulated in accordance with the Texas Depart-
ment of Health, Division of Food and Drugs "Rules on Texas Food Establishments 229.1 61 -
229.1 71 and 229.1 73 - 229.1 75"' which on this date are hereby adopted by reference, three
certified copies of which shall be on file in the office of the City Secretary, and the guidelines
provided by the Texas Department of Health for the regulation of mobile shrimp vendors in
accordance with Chapter 431 "Texas Food', Drug and Cosmetic Act," Health and SafetyCode
which on this date is hereby adopted by reference: Provided, that the words "municipality of in
said ordinance shall be understood to refer to the authority" shall be understood to refer to the
City of College Station and the words "regulatory authority" shall be understood to refer to the
City of College Station or its authorized representative. The authorized representative for
enforcement of this ordinance shall be the Brazos County Health Department and the City.
B. PERMITS. LICENSES, OR CERTIFICATES
(1) GENERAL
No person shall operate a food service establishment who does not have a valid
permit, license, or certificate issued to him by the regulatory authority. Only a person
who complies with the requirements of these rules shall be entitled to receive or retain
such a permit, license, or certificate. Permits, licenses, or certificates are not
transferable. A valid permit, license, or certificate shall be posted in every food
service establishment.
(2) ISSUANCE OF PERMIT ,
I
(a) Any person desiring to operate a food service establishment shall make
written application for a permit on forms provided by the City. Such
application shall include the applicant's full name and post office address and
whether such applicant is an individual, firm, or corporation, and, if a
partnership, the names of the partners, together with their addresses shall be
included; the location and type of the proposed food service establishment;
and the signature of the applicant or applicants. If the application is for a
temporary food service establishment, it shall also include the inclusive dates
of the wro~osed o~eration. Permits shall be renewed annuallv on or before
Januaj 1st. At the time o
business has beaun, tEa
Its agent receiving same, a
von receipt of such an ap
health authority, shall make an inspection of the food service establishment to
determine compliance with the provisions of this section. When inspection
reveals that the applicable requirements of this section have been met, a
permit shall be issued to the applicant by the City of College Station as set by
City Council resolution.
(b) The application for a renewal permit and the acc.ompanying fee must -be
received by the Brazos County Health Department, on. or before February I
of the calendar year for which the permit is sought. If such application and
fee are not received by the date herein specified, Brazos County Health
Department may charge the food service establishment up to an additional
20% of the fee due and owing as a late penalty for failure to comply with the
requirements of subsection (a), above. The charging of such late fee will
have no effect on the City's right to seek criminal penalties permitted by the
enforcement provision of this ordinance.
Rev. 05/06
Novem ber 09, 2009
Consent Agenda Item No. 3e
BVSWMA Roll-Off Truck and Hoist/Tarper Purchase
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action, and discussion on the purchase of a Roll-Off
Truck from East Texas Mack Sales, LLC and B & C Body Company be used by the Brazos Valley
Solid Waste Management Agency in the amount of $145,432.00.
Recommendation(s): Staff recommends award to East Texas Mack Sales, LLC in the amount
of $109,250.00 and B & C Body Company in the amount of $36,182.00 for the original total
purchase price of $145,432.00
Summary: This purchase is for a roll-off truck and hoistltarper to be used by the Brazos Valley
Solid Waste Management Agency. The truck and hoistltarper will replace a 2000 roll-off and
hoistltarper in the BVSWMA equipment fleet. The truck is primarily used at the customer
convenience area to service roll-off containers and to transport materials off-site to Bryan Iron
and Metal. The new truck will serve the needs of BVSWIYA for an estimated 12 to 15 years.
Vendor
East Texas Mack Sales, LLC
B & C Body Company
Base Bid
$109,250.00
$36,182.00
Budget & Financial Summary: This purchase is budgeted in the FY2009 BVSWMA Operating
Fund as a service level adjustment. The service level adjustment was approved by the BVSWMA
Policy Advisory Board and both the College Station and Bryan City Councils during the FY2009
budget approval process. The quotes on this unit was acquired by East Texas Mack Sales, LLC
and B & C Body Company utilizing HGAC Contract Pricing. As BVSWMA is funded through an
inter-local agreement, both the Cities of Bryan and College Station are sharing the cost of
this purchase. As this purchase is in excess of $50,000, it will require the approval
of the Bryan City Council.
Attachments:
1. East Texas Mack Sales, LLC Quote
2. B & C Body Company Quote
CONTRACT PRICING WORKSHEET
(Tlie Follotc~irrg Detrrils /MUST bepr.ovirler1 111itli rrriy plrrchrrse or(ler- slrbrrritterl to H-GAC by Erirl User)
l~nd User: CITY OF COLLEGE STATlONIClTY Or; BRYAN L.ANDFlLL 1 ate Prepared: 1012912009 1
I~re~ared By: DAVID CARROUMIEAST TEXAS MACK SALES, LLC Icontract No.:
A Item Base Unit Price, Per H-GAC Contract: A:I $ 54,450.00
B Published Options (Itemize beIow, attach additional sheet(s) if necessary)
Phone No.: 214-232-6669 Item Product Code: I< E
Description: GRANITE CAB & CHASSIS FOR A ROLL OFF HOIST
Code
1001 506
2880088 88 GALLON LH
2442003 20000# FRONT SPRINGS 2550
2741025
2700281
Description
MP7-405
.44" FRAME
281" WHEELBASE
1364922
2401501
SubtotaI B:I $ 57,654.00
C Unvublished Options (Itemize below. attach additional sheet(s) if necessarv)
Cost
2450
1
Code Description Cost Code Description Cost
-2854
2475
4650
ALLISON TRANSMISSION
FXL20.20.000# FRONT AXLE
Code
1861 035
900BRID
2680462
Note: Unpcrblislzed O~tions caririot be rrsed to clzari~e to anotlzer contracterl niorlel.) I
3180001
9015324
21 177
3450
Subtotal From Additional Sheet(s):
Subtotal C:
D Miscellaneous Price Adjustments
Description
SS462 REAR AXLE
BRIDGESTONE FRONT TIRES
5462 REAR AXLE
$ (2,854.00)
I Subtotal D:I $ 109.250.00 1
Cost
$ 2,925.00
BATTERY DlSCONNECT
11R22.5 REAR TIRES
2560003
4020002
Check: The total cost of Unpublished Options as a percentage of the total of the Base Price plus
Published Options cannot exceed 25%. For this transaction, the percentage is: $ (0.03)
I E l~nit Cost of Item Before Fee & Non-Equipment Charges (A+B+C+D) I I
$ 855.00
$ 3,150.00
2125
2925
PDLO
ANTISWAY SPRINGS
F H-GAC Fee Calculation (From Current Fee Tables) ALREADY CHARGED! I $
G Non-Equipment Charges (Trade-In, Extended Warranty, Delivery, etc.)
$ 3,387.00
$ 1,975.00
901BRID BRIDGES STONE REAR TIRES
Subtotal Froni Additional Sheet(s):
Quantity Ordered X
Subtotal E:
$ 2,125.00
$ 1 .OO
$ 109,250.00
H Total Purchase Price (E+F+G):
Promised Delivery Date: 60 DAYS ARO
Subtotal G: $
(Please Print Legibly)
. ., .,:.... . .
Description i Cost
PIONEER RP4500 SARG HYD. TARPER i 8,488.00
HST-I2 HOT SHWT PT01,744.00 1,744.00
I
3
Descnphon i Cost . .
Subtotal From Additional Sheet@): I
11 Subtotal B: 10232
cost
Subtotal From Additional Sheet@) I
11 Subtotal C: 0
Price plus Published Optiors (A+B). For this transaction the percentage is: 0%
. ,"... .. .(&+B~$?: . ;, .:,;!:'; , .' , .:!:;><::.:.:;; ;:~ >',: ',;:: :;;;~~~~;~~~;~;i~;::'.:.~
.,,,. . ,.. &: .7,n .: -. . ~ ~.GG'G;
(1 Subtotal D: j 36182 . . ;; . " :.
, , . ..::%, :..: ,., T.: .;..,:-.p.g~:.'::i~g'a~~.~. . .. . . . . .,:>>:, ,,.. .:.xy...-.,> ...+;.:>,!$.+*! .. .'. ,..... 3~ . *<.,~ . --...,...
Description i Cost
b ]I Subtotel E: f 0
;..!.;.,-;; ;,>:t$<;j;;:?'i;;z%-;f;:? >:;:- :<.; . ..x. .:t':'.. ?.:.-
' - .. ,:.:. ~: .: ., :,,:~:; .: .;:: .: .,..>: : \ : . . . ... .. . . . ..:.. ...:.-..<s,2 ...,:.I :.,:::.:. * 7 1 ... . ... . .: . . ... ,.: . *, . . ... . :. .. ::!. .~.q-..:.~-~:::.:5j.;~~gg~v2~~h~~ L.. . . .. :,; ..... I,;. .... :.>:t.:.:.-..:..':;.-..;..i . . ... .... . . ,. I :.;;.?a - :. , ; :: ;F. ,~@t$l .h~~j.++$.~~$@;p+~$+J 3618
November 9, 2009
Consent Agenda Item No. 3f
BVSWMA Mechanic Truck Purchase
To : Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action, and discussion on the purchase of a Ford
F750 Truck from Philpott Ford to be used by the Brazos Valley Solid Waste Management Agency
in the amount of $119,734.00
Recommendation(s):
price of $1 19,734.00
Staff recommends award to Philpott Ford for the original purchase
Summary: This purchase is for a Ford F750 Heavy Equipment Mechanic Service Truck and Utility
Bed to be used by the Brazos Valley Solid Waste Management Agency. The new truck and bed is
a scheduled replacement of the 2000 F450 cab and chassis and 1993 utility bed that is
undersized and overloaded. The F750 cab and chassis is sufficient in size to support the utility
bed which will be equipped with a 600 gallon diesel fuel tank, (4) 60 gallon product tanks, (2) 30
gallon tanks for antifreeze, (1) 200 gallon tank for waste oil, 8 product pumps, reels, hydraulic
air compressor, and various tool compartments. In addition, the truck will be equipped with an
emergency cut off valve and access key to deter unauthorized users. The Heavy Equipment
Service Truck and Utility Bed will serve the BVSWMA's equipment maintenance needs for an
estimated 12+ years.
The cost of this service level adjustment was underestimated by $19,734.00 due to the size of
cab and chassis that would be needed to support the utility bed; however, sufficient funds are
available in the BVSWMA Budget for this purchase. Four service level adjustments approved for
the FYI0 budget year came in under budget resulting in a cost savings total of $100,420.78.
The costs savings were from the purchase of a light plant, roll-off truck, D8 Dozer, and
Compliance Officer truck.
Vendor
Philpott Ford
Base Bid
$1 19,734.00
Budget & Financial Summary: This purchase is budgeted in the FY2010 BVSWMA Operating
Fund as a service level adjustment and funds are available. The service level adjustment was
approved by the BVSWMA Policy Advisory Board and both the College Station and Bryan City
Councils during the FY2010 budget approval process. The quote on this unit was acquired by
Philpott Ford utilizing HGAC Contract Pricing. As this purchase is in excess of $50,000, it
will require the approval of the Bryan City Council.
Attachments:
1. Philpott Ford Quote
CUSTOMIZED PRODUCT PRICING SUMMARY BASED ON CONTRACT
\/EHICLES
BUYBOARD #281-07
End User: CITY OF COLLEGE STATION Philpott Rep: ALAN WlLEY
Contact: HOWARD STOUGH Date: 30-Oct-09
Protluct Description: FORD F750
A. Bid Series: 23 A. Base price:
B. Publishetl Options lltemize each below]
Total of B. Published options:-
ONE 200 GALLON FOR WASTE OIL I INCL
C. Unpublished Options [Itemize each below, not to ex
PUMPS, REELS, ETC. 1 lNCL
EMERGENCY CUTOFF. STROBE LIGHTS I INCL
Options
LUBE AND FUEL BODY FROM EXPRESS
MOTOR EXCHANGE OF BELLVILLE, TX
600 GALLON DIESEL TANK
FOUR 60 GALLONS PRODUCT
[OADING LIGHTS, & BACKUP ALARM 1 ;;N:
HYDRAULIC DRIVEN AIR COMPRESSOR
GORDON PENNY IS YOUR CONTACT
AT 979 865-2992
Bid Price
$ (4,010.00'
MCL
INCL
MCL
eed 25%1 -3.3 %
0 tions Bid Price
CHASSIS WITH THE REQUIRED 9 I B
EXHAUST SYSTEM. NOTE: THIS TRUCK
MAY OR MAY NOT BE AVAILABLE 1 NOTE
WHEN WE RECEIVE YOUR PURCHASE 1 NOTE
ORDER. IF AVAILABLE. EXPECT 1 NOTE
DELIVERY WITH 4x4 CONVESION IN 1 NOTE I
Total of C. Unpublished options:l $ (4,010.00)1
D. Contract Price Adjustment: -
E. Delivery Charges: 0 miles @ $.93/mile
F. TotaIof A+B+C+D+E=F I S 119,334.00 1
G. Quantity Ordered I xF=
H. BUYBOARD Administrative Fee $400.00 PER PURCHASE ORDER I $ 400.00 I
1. Non-Equip Charges & Credits
J. TOTAL PURCHASE PRICE INCLUDING BUYBOARD FEE
November 9, 2009
Consent Agenda Item No. 39
Sewer CCN Settlement Agreement 3
To : Mr. Glenn Brown, City Manager
From: Mr. Dave Coleman, Director of Water Services Department
Agenda Caption: Presentation, possible action, and discussion requesting approval of a
settlement agreement with Wellborn SUD and Main Street Homes, which is the third of
three agreements that will allow the City to pursue TCEQ approval of our application to
extend our sewer certificated area into parts of the ETJ.
Recommendation: Staff recommends approval of the settlement agreement.
Summary: In September 2005, the City applied to the Texas Commission on
Environmental Quality (TCEQ) to extend our sewer Certificate of Public Convenience and
Necessity (CCN) into the extra-territorial jurisdiction (ETJ). Three protests were filed, and
the City reached settlement agreements on two of the protests in the Fall of 2006.
-the third protest was filed by Wellborn Special Utilities District and Main Street Homes,
regarding sewer service to the Meadow Creek development on Koppe Bridge Road.
Wellborn is providing sewer service to this development, and their protest stated that
College Station should only get the Sewer CCN for this area if the City takes over operation
of the sewage treatment package plant servicing the neighborhood.
Since then, the City has decided to pull back the Sewer CCN request, so that the requested
area does not include the Meadow Creek neighborhood, nor any of the surrounding area.
Wellborn SLID and Main Street Homes are agreeable to this solution, and a settlement
agreement has been reached. This agreement has been formally approved by the Wellborn
SUD Board, and has been signed by the Main Street Homes principal. Staff has acted on
City Council's direction to revise the Sewer CCN request and pursue this settlement;
therefore staff recommends approval of this settlement agreement.
Budget & Financial Summary: None.
Attachments:
Agreement (on file with City Secretary)
Revised CCIY Map
November 9, 2009
Consent Agenda Item No. 3h
Affiliate Funding Agreement With Arts Council of Brazos Valley
To : Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, possible action, and discussion on a funding
agreement between the City of College Station and the Arts Council of Brazos Valley
for FYlO in the amount of $181,000 for Affiliate funding.
Recommendation(s): Staff recommends approval of the funding agreement.
Summary: As part of the 2009-2010 budget process the City Council approved total
funding for the Arts Council of Brazos Valley from the Hotel Tax Fund in the amount
of $289,000. Per Council direction, $181,000 is to be used to fund Arts Council
Affiliate grants. Funding includes $162,000 for Affiliate Funding, $9,500 for the
Brazos Valley Symphony 4th of July concert, and $9,500 for miscellaneous affiliate
funding through the year. This funding must be approved by the City Manager
before these funds are released.
As part of the 2009-2010 budget process the City Council approved $100,000 from
the General Fund and $108,000 from the Hotel Tax fund for operations and
maintenance of the Arts Council. These funding agreements were approved by
Council on October 8, 2009.
State law requires that the City Council adopt the budget of any organization that is
to be funded through Hotel Tax revenue. Council approved the FYlO budget of the
Arts Council of Brazos Valley on October 8, 2009.
Budget & Financial Summary: The funds for this agreement are budgeted and
available in the 2009-2010 Hotel Tax Fund Budget in the amount of $181,000. The
total of this amount is to be used to fund Arts Council Affiliates.
Attachments:
1. Arts Council of Brazos Valley Affiliate Funding Agreement (available in the City
Secretary's Office)
2. Arts Council of Brazos Valley Budget (available in the City Secretary's Office)
3. Affiliate Funding
Exhibit A
Arts Council of Brazos Valley FYI0 Affiliate Funding
Affiliate Funding
Armstrong I Bergeron Dance Company $2,000
Brazos Valley American Guild of Organists $1,000
Brazos Valley Chorale $8,000
Brazos Valley Museum of Natural History $1 7,000
Brazos Valley Symphony $27,000
Brazos Valley TROUPE $21,000
Downtown Bryan Economic Development Association First Fridays1 Art Walk $2,500
Friends of Chamber Music $3,000
KAMLI-FM $25,000
KEOS-FM $7,500
MSC Forsyth Center Gallery $2,000
Stagecenter $1 5,000
The Theatre Company of Bryan I College Station $27,000
University Summer Performance Series - TAMU $4,000
AFFILIATE SUBTOTAL $1 62,000
Other Funding
4th of July Concert - Brazos Valley Symphony $9,500
Miscellaneous Affiliate Funding (to be approved by City Manager in advance) $9,500
OTHER FUNDING SUBTOTAL $1 9,000
TOTAL AFFILIATE FUNDING $181,000
November 9, 2009
Consent Agenda Item No. 3i
Authorize Brazos County Appraisal District Expenditures
To: Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, possible action and discussion to authorize the FY 10
expenditures for the Brazos County Appraisal District in the amount of $236,692 pursuant
to the Property Tax Code 6.06D
Recommendation(s): Staff recommends approval of the expenditures in the amount of
$236,692 to the Brazos County Appraisal District.
Summary: Chapter 6.01 of the Property Tax Code calls for an appraisal district to be
established in each county. The district is responsible for appraising property in the district
for ad valorem taxes purposes of each taxing unit that imposes ad valorem taxes in the
district. Chapter 6.06 (d) stipulates how the funding is allocated: "each taxing unit
participating in the district is allocated a portion of the amount of the budget equal to the
proportion that the total dollar amount of property taxes imposed in the district by the unit
for the tax year in which the budget proposals is prepared bears to the sum of the total
amount of property taxes imposed in the district by each participating unit for that year."
Budget & Financial Summary: Funds are available and budgeted in the General Fund,
Finance Administration Budget. Payments are made in four equal payments made at the
end of each calendar quarter.
Attachments:
1. Brazos County Appraisal District 2010 Operating Budget (Available in City Secretary's
Office)
November 9, 2009
Consent Agenda Item No. 3j
Approval of the 2009 Property Tax Roll
To: Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, possible action, and discussion on approval of the 2009
Property Tax Roll in the amount of $23,623,086.36.
Recommendation(s): Staff recommends approval of the 2009 Property Tax Roll in the
amount of $23,623,086.36.
Summary: Section 26.09 (e) of the Texas Property Tax Code mandates formal approval
of the Tax Roll by the City Council as the final step in the process of establishing the tax roll
for the new year. The tax roll consists of the Maintenance and Operations levy and the
Interest and Sinking fund levy.
The tax roll that will be generated by the tax rate of $0.4394 per $100 assessed valuation is
$23,623,086.36. This tax rate was adopted by the City Council on September 10, 2009.
Budget & Financial Summary: See above
Attachments:
1. Letter
2. 2009 Levy Totals
Kristeen Roe, RTA, CTA
Brazos County Tax Assessor/Collector
300 E. Wm J Bryan Pkwy
Bryan, TX 77803
979-361-4470
979-361-4487 - Fax
October 20, 2009
Honorable Ben White
Mayor
City of College Station
RE: 2009 Tax Rolls
Dear Mayor White:
I am providing the 2009 tax roll total information for the City of College Station as
required by the Texas Property Tax Code:
Sec. 26.09 (e) -the assessor shall enter the amount of tax determined as provided by
this section in the appraisal roll and submit it to the governing body of the unit for
approval. The appraisal roll with amounts of tax entered as approved by the governing
body constitutes the unit's tax roll.
The Brazos County Tax Office received seven supplemental
value/ownership/exemption change files from the Brazos County Appraisal Review
Board after the original 2009 value certification. The tax office accepted and balanced
all of these changes prior to calculation of the 2009 tax rolls. A copy of the taxable
values as well as the tax ceiling information for the City of College Station used for
calculation is also provided.
Please contact me if you have any questions concerning these figures.
Respectfully,
Kristeen Roe, RTA, CTA
Tax Assessor/Collector
Brazos County
BRAZOS County
Property Count: 27,670
2009 LEVY TOTALS
C2 - CITY OF COLL. STAT.
Grand Totals
Land Valw
Homesite: 555,791,937
Non Homesite:
Ag Market:
Timber Market:
879,145.555
100,265,811
0 Total Land
I lm~nwemont Valw 1
Homesite: 2,358,537,606
Non Homesite: 1,925,755.442 Total Improvements (+) 4.284.293.048
Non Real Count Valua
Perwnal Property: 2.856 421,451,299
Mineral Property: 2.334 6,100,566
Autos: 0 0 Total Non Real
Market Value
I Ag Nan E-P~ Exam@ j
Total Productivity Market: 100,265,811 0
Ag Use: 624,971 0 Productivity Loss
Timber Use: 0 0 Appraised Value
Productivity Loss: 99,640,840 0
Homestead Cap
Assessed Value
( Exemptton Count Loui Stab Totri
AB 6 9,168,088 0 9,168,088
DP 80 0 0 0
DVl 122 0 1,023,000 1,023.000
DVl S 7 0 35.000 35,000
DV2 54 0 535,500 535,500
DV3 49 0 526.000 526,000
DV3S 1 0 10,000 10,000
DV4 50 0 480,000 480.000
DV4S 14 0 168.000 168,000
DVHS 2 1 0 3,925,770 3,925,770
EX 518 0 654,642,624 654,642,624
EX(Prorated) 2 0 26,755 26,755
EX366 1,788 0 129.077 129,077
FR 5 10,478.991 0 10,478,991
OV65 2,139 63,661,502 0 63,661,502
OV65S 8 240,000 0 240,000 Total Exemptions
Net Taxable
Fmzm TaxaM. Actual Tax Caillng Count
DP 11,645,305 10,773.635 45,212.23 48.515.68 72
OV65 394,095,447 333,427,815 1.403.1 31.98 1,411,362.46 1.938
Total 405,740,752 344,201,450 1,448,344.21 1,459,878.14 2,010 Freeze Taxable
Tax Rate 0.439400
Freeze Adjusted Taxable
Page 12 of 159 Tnre Automation, Inc.
BRAZOS County
Property Count: 27.670
2009 LEVY TOTALS
C2 - CITY OF COLL. STAT.
Grand Totals
] Levy Info I
M&O Rate: 0.209967 MA0 Tax: 11.288.261.78
IBS Rate: 0.229433 IBS Tax: 12,334,796.61
Protected IBS Rate: 0.000000 Protected IBS Tax: 0.00
Ag Penalty: 27.97
Total Levy
' Tax Increment Finance Value:
Tax Increment Finance Levy:
Page 13 of 159 True Automation, Inc.
To: Glenn Brown, City Manager
Frarr: Chuck Gilman, Director of Capital Projects
AgendaCaption: Presentation, possible action, and discussion on:
(1) an amendment to the Professional Services Contract 04-176 with Epsilon
Engineering, Inc. for the purpose of foregoing transfer and novation of the
contract to Jacobs Engineering Group Inc and also modifying the date for
which all design work and other professional services provided under the
Contract must be completed to July 30, 2012, and
(2) a change order to the Professional Services Contract 04-176 with Epsilon
Engineering, Inc., now Jacobs Engineering Group, Inc., in the amount of
$60,870.40, for additional services to design improvements to the
intersection of Barron Road and SH 40.
Fs): Staff recommends approval of the amendment to professional services
contract and change order.
m The original Professional Services Contract 04-176 between the City of
College Station and Epsilon Engineering, Inc. for the design of the Barron Road
Improvements was approved by Council on October 21, 2004. The original contract
described three phases of design and construction for Barron Road from SH 6 to Wellborn
Road. A previous change order dated July 9, 2009 revised the phasing to: SH 6 to Victoria
(Phase I), and Victoria to Wellborn Road (Phase 2). Due to an unresolved issue with BTU,
the phases were revised again to: SH 6 to Decatur Drive (Phase 1) and Decatur Drive to
William D. Fitch Parkway (Fitch). Since that time, Epsilon Engineering, Inc. was acquired by
Edwards and Kelcey. Edwards and Kelcey was subsequently acquired by Jacobs Engineering
Group, Inc. Furthermore, the original Professional Services Contract set December 31,
2007, as the date for which all design work and other professional services must be
completed. This contract amendment modifies the completion date to July 30, 2012, and
names Jacobs Engineering Group Inc as the engineer.
College Station Independent School District recently announced plans for a new high school
near the intersection of Barron Road and Victoria Drive. The traffic generated by this new
facility will require improvements to the intersection of Barron Road and Fitch - sidewalks
across Fitch, improved pedestrian safety, widening the crossover between the northbound
and southbound frontage roads of Fitch, transitioning Barron Road from four lanes of traffic,
back to the existing two lanes of traffic on the west side of Fitch, a deceleration lane and
dedicated right turn lane from Fitch onto Barron, drainage improvements, etc. Additionally,
a recent traffic study of the intersection of Barron Road and Fitch determined that a traffic
signal is warranted for this intersection. In an effort to coordinate the design and installation
of the traffic signal and the BarronIFitch intersection improvements in the Fitch right-of-way
which is owned by the Texas Department of Transportation, it was decided to include
intersection improvements and traffic signal into Phase I1 of the Barron Road Widening
Project. This change order increases the amount of the design contract to compensate the
engineer for the additional design work.
Wrlget&FixmdSumrry: The contract amendment will not affect the budget for this project.
Change Order No. 2 will increase the contract amount by $60,870.40 for a revised contract
total of $900,752.60. Funds in the amount of $14,665,000 are currently budgeted for this
project in the Street Capital Improvement Projects Fund. Also, $100,000 is budgeted in the
Wastewater Capital Improvement Projects Fund, and $100,000 is budgeted in the Water
Capital Improvement Projects Fund for water and wastewater components of this project.
Funds in the amount of $2,643,220.48 have been expended to date, leaving a balance of
$12,231,079.52 which will cover this change order.
1.) Amendment to Professional Services Contract
2.) Change Order No. 2
3.) Project Location Map
AMENIIMENT TO CITY OF COLLEGE STATION'S
PROFESSIONAL SERVICES CONTRACT
This a~nend~ncnt ("Amendment") to the Professional Scrvice Contract I'or the Barron
Road Capacity Improvements (the "Agreement") is cntered into as of this day of 2009 by
and between Epsilon Engineering Inc. ("Epsilon") and the City of College Station, Texas (the
"City").
Recitals
Whereas Epsilon and the City entered into the Agreement with Contract Number 04- 176
executed on November 8, 2004;
Whereas Epsilon and the City now desire to amend and modify the Agrccmenl as
hereinafter provided;
Now therefore in consideration of the 111~1tual covenants, representations, warranties and
agreements contained herein, and for other valuable consideration, the receipt and legal
sufficiency of which are hercby acltnowledged, the parties agrec as follows:
Section I
Transfer of Parties
A. Epsilon Engineering, Inc. is a corporation duly organized and existing under the laws of
Texas and Jacobs Engineering Group Inc. ("Contractor"), is a corporation duly organizcd
and existing under the laws of Delaware.
B. The City dcsires that Contractor now perforin all obligations under the Ag~.ecment.
C. Contractor agrees to be bound by and to perform the Agreement in accordailce with the
conditions contained thercin. Contractor also assumes all obligations and liabilities of, and
all claims against, Epsilon Engineering, Ii~c, under the contracts as if the Contractor were
the original party to the contracts. The Agreement includes all change orders, taslc orders or
any other modifications or additions to such contracts that were mutually agreed to by City
and Transferor.
D. Contractor ratifies all previous aclions talcen by Epsilon Engineering, Inc, with respect to
the Agreement, with thc same force and effect as if the action had been talteil by
Con tractor.
E. The City recognizes Contractor as Epsilon Engineering, Inc.'s successor in interest in and
to Agrceinent. Contract01 by this Agreement becomes entitled to all rights, titles, and
interests of Epsilon Engineering, Inc. in and to Agreement as if ConLractor were the
original party to the Agl.eeinent.
F. All paymellts and reimbursements previously made by the City to Epsilon Engineering,
Inc., and all other previous actions talten by thc City under tl~e Agreement, shall be
considercd to havc discharged those parts of the City's obligations under the Agrecmcnt.
All pay~nents and reimbursements made by thc City after the date of this Ag~.een~ent should
be madc in the name of Contl-actor, under the same ~.emittance instl-uctions as were
applicable lor Epsiloil Engineering, Inc.
G. In consideration of the terms and conditions of this An~endment, the City hereby consents
to the foregoing transfer and novalion of the Agreement to Sacobs Engineering Group Inc.
Section I1
Time of Performance
A. Section 3.02 of the Agreement is modified as follows: All design work and other
professional services provided under this Contract must be completed by thc following
date: July 30,2012.
Sectioil 111
Miscellaneous
A. The Agreement shall remain in full force ancl effect, except as nlodified by this
Amendment. Each party has executed this Amendment as of the day and year firs1 above
written.
Contract Amclldment iultl Novation Agreell~ent
EPSILON ENGINEERING INC.
Title : g.dGy-'
Date: //-a -07
JACOBS ENGINEERING GROUP INC. n
CITY OF COLLEGE STATION
By:
Mayus
Date:
ATTEST:
By: By:
City Secretary
Title:
Date:
APPROVED:
. -
City Manager
Date:
City Attorney
Date:
Chief Financial Officer
Contract Anlcndmcnt and No\l;ilion Agree~nent
$161,569.20 23.82% CHANGE
$60,870.40 8.97% CHANGE
$900,752.60 32.79% TOTAL CHANGE
1,146 days
669 days
1,003 days
2,819 Days
PIRECTOR OF FiSCAL SERVICES
--
PROJECT MANAGER MAYOR
CITY ENGINEER CITY SECRETARY
, . ( .- -. -<
DEPARTMENT DIRECTOR Y:: ..' c '.'L CITY MANAGER
Page 1 of 1
November 9, 2009
Consent Agenda Item No. 3L
College Park-Breezy Heights Rehabilitation Project
Close-out Change Order
To : Glenn Brown, City Manager
From: Chuck Gilman, Director of Capital Projects
Agenda Caption: Presentation, possible action, and discussion to a change order to
Contract #08-277 to Brazos Valley Services in the amount of $233,373.70 for additional
construction services related to the College Park/Breezy Heights Rehabilitation Project.
Recommendation(s): Staff recommends approval of this change order. C
Summary: The construction work to rehabilitate streets and utility lines in the College Park
and Breezy Heights areas is complete, and this change order is the final action to close out
the construction contract. This change order will make the final adjustments to the
quantities of specific utility improvements such as water service connections, sewer service
connections, lengths of pipe, pavement repair and backfill, valve quantities and number of
manholes installed.
Many of the quantity changes are inherent to utility rehabilitation in historic neighborhoods,
as the many of the plans for the construction of the original infrastructure are no longer
available, and the area has been modified and improved over time as a result of on-going
operation and maintenance. Once the utility work began the contractor found utility lines
that were shown in record drawings and service connections that could not be located by
the surveyor or the design team.
Additional, once work began to replace a predetermine quantity of deteriorating sanitary
sewer pipe by pipe bursting (a method of replacing existing pipe by trenchless methods that
does not require the excavation of a utility trench), other segments of sewer line in poor
conditions were discovered. Therefore, these lines were also replaced by the less intrusive
pipe bursting method to ensure the City can continue to provide reliable sewer services to
the neighborhood without unnecessarily disturbing the yards of the residents in the
neighborhood.
Budget & Financial Summary: The original contract for construction services was
$4,116,581.28. Change order 1 increased the contract by 10.4% to a total of
$4,545,519.78. Change order 2 increased the contract by 2.77% to a total of
$4,659,432.72. This Change Order will increase the contract by an additional $233,373.70.
The current budget for the College Park-Breezy Heights Rehabilitation project is $5,843,045.
Funds in the amount of $5,337,412 have been expended or committed to date, leaving a
balance of $505,633 for this change order and future expenses. The funding sources for this
project include the Streets, Drainage, Water and Wastewater Capital Improvement Projects
Funds. A portion of this change order, in the amount of $107,961, will be applied to the
portion of the project funded by the Water Capital Fund, which has a balance of
$126,278.67. A portion of this change order, in the amount of $135,229.40, will be applied
to the portion of the project funded by the Wastewater Capital Fund, which has a balance of
$159,644.52. This change order also includes a credit to the Drainage Capital Fund in the
amount of $9,816.70.
Attachments:
1. Change Order Number 3
2. Location Map of the College Park Breezy Heights Rehabilitation Project
CHANGE ORDER NO. 3 Conlracl No. 08-277 DATE: 15 October 2009
P.O.# 081170 PROJECT: College ParkIBreezy Heighle Rehabililalion ...................................................................................... .............................................................................. ___ ........................................................ .......:.:......... .. ....... : .... _ .......... _..._ ........................... ....
OWNER: CONTRACTOR:
City of College Slalion Brazos Valley Services
P.O. Box 9960 PO Box 985 Ph: (979) 255-3977
College Stalicn. Texas 77842 Bryan. TX 77805 Fax: (936) 399-701 2
PURPOSE OF THIS CHANGE ORDER:
& Pro ect Close Oul ctlange Order: Thls change orfler lor Ine College ParuBreezy Helyllls Rehabllllal~on Project serves lo afllusl qJanl.1 es 01
vanous lhne llems lo acco~nl lor overruns and underruns encoutltered d~nng Ihe project Ihal have not beer1 prevlo~sly adoressed n pnor clla~lyc
orders. This change order updates the contract and associated Purchase Order In order lo successlully close oul Ihe projecl
llems in his change order primarily arc for wastewaler and waler ulililies and drainage ulility ilems.
: .................. :... :.. _.( ............................................................... ........................................................ ..;..... ... ,:,;:;:;:; :::.:.::: I:;:.:::.:: :.:.::: ..................... ..... :.::::;:;:I:::I:;.I::::::~ .... ;jiiiiiiiii~iii:iiiijjji.~ .IGI: .'.:iiji:ijiii:iiiiij~,~, .. ::iiiijiiijiiijiiiiijii~ : :.. . iiiijijiiiiii ....... .... ,j,1,i:~Q~~~jiijii:,~~I~j:jj:jj:jjjjijjj;ij~~~~~[~:~~~ijjjjijjj~jij~jijiijjjj:j~j~ji$R~~~jjjijijijiiijiiijiji~jrj-~A't;i~~ijijjjj:iiiiiiiD~k'r(rs~~vjiijiIiiijiiijijijiji~~~~j~~~j~~~j~~~~ ...
6" reinforced concrele paving.
lncludina related ilems and
19 1 SY lappurtenances, complete in place I $38.00 1 2116
LF
SY
SY
EA
1 16' dowel on curb including relaled 1 I I 2758
$20.00 1 247
$24.396.00
ilems and appurtenances, complete in
place
4" reinforced 6' concrele sidewalk
paving includlng ADA handicap
ramps and sub grade compaclion lo
98% slandard proclor density @
oplimum moislure conlent, lncluding
related ilems end appurtenances.
complete In place
Resldenlial reinforced concrele
driveway lumoul (widlhs vary)
Including related ilems and
appurtenances, complete In place
Remove and dispose of exlsling head
and wing wall inludlng relsled ilems
and appurtenances, complete in place
Remove and dispose of exisllng RCP
pipe, Including relaled ilems and
28A I LF lcomplete in place I $63.00 1 410 I 152
$5.00
$36.00
$40.00
$1,000.00
related items & appurtenances.
162
($16.254.00
29A
30A
1 I I~onslrucl 5' extension on end of 1 I 1 1 1
($1,700.00
32
33
43
24" HDPE storm sewer including
related ilems & appurlenances.
LF
LF
1
EA
LF
EA
44 1 EA 1 existing cub Inlet, complete in place 1 $1.500.00 1 1 I 3
complete in place
30" HDPE storm sewer including
related ilems & appurtenances,
complele in place
Connect proposed RCP slonn sewer
lo exisllng inlet box, including relaled
ilerns & appurtenances, complele in
$3.000.00
45
place
Asphall pavement repalr for slorm
sewer relaled ilems with full deplh
cement stabillzed backnll including
related items, complete in place
Remove exisling slorm sewer
manhole and replace with 6'xW
iunction box, complete in place
I 1 Concrele curb and guller repair
46
52
54
I I 12" C-900 Certa-Lok PVC waterline
inslalled bv direcllonal borina.
$77.00
$110.00
I I I I I I
LF
6" gale valve and box, including
marker and related ilems and
I
$1,000.00
$40.00
$3,500.00
LF
LF
EA
281
553
lncludlng relaled appurtenances.
complete In place
$760.00
58
61
13
136
1
Lower exisling walerllne on Hereford
Slreel, including relaled Items and
appurtenances, complete and in place
4" C-900 PVC walerline lncluding
relaled ilems and appurtenances.
complete In place
8" gate valve and box. lncluding
marker and relaled items and
appurtenances, complete in place
229
413
$30.00
37
LF
LF
($4.004.00)
($15,400.00)
9
266
0
$100.00
$32.00
$1,025.00
($4.000.001
$5.200.00
($3.600.00~
30
38
complele in place
4" Yellomlne SDR 19 waterline
installed by directional boring
inlcuding relaled items and
appurtenances, complele in place
30
513
8
$760.00
515
$90.00
$35.00
$14.550.00
0
713
9
($3.000.00)
$6.400.00
$1.025.00
2860
898
2895
900
$3.150.00
$70.00
Relocale 8 reconnect existing vraler
meter including retaled items and
EA a urtenances. com lele In lace 1 63 1 ( pp p 1 $30000 1 88 1 105 1 S5,lOO.OO 1
EA
EA
EA
I 67
72
Long water service lransfer including
1" schedule 40 PVC, related fillings.
ball valves, connection lo exislirig
meler 8 related appudenances.
complele in place
Long dual waler service lransfer
including 1.5 schedule 40 PVC.
retaled fittings, ball valves, connection
to existing meler 8 related
appurtenances, cornplele In place .
Short dual vraler service transfer
Including 1.5" schedule 40 PVC.
relaled fillings, ball valves, connection
to exisling meler 8 relaled
appurtenances, complete in place
Short waler service transfer including
1" schedule 40 PVC, relaled fillings.
ball valves, connectlon lo exisling
meler 8 relaled aDourtenances.
82
I I I related items wlhllt deplh cement
stabilized backfill including related
EA
EA
1 83 1 LF lappurteiances, complete in place I $15.00 1 1245
$1,100.00
$1,420.00
$800.00
EA
compiele In place' '
lnlerconnecled proposed 1P" PVC
waterline lo exlsling 6" walerllne,
including relaled filing and
appurtenances, complete in place
1 lconcrele pavement repair for water I I I I
3521
1 81
89
95
98
99
101
103
105
78
16
6
Relocate 8 reconnect existing waler
meler including relaled llems and
appurtenances, complete in place
1" schedule 40 PVC waler service
line iroln relocaled meler lo exisling
resldenl8 plumblng including
connectlon by licensed plumber
includina relaled Items and
$34.140.00
107
96
12
11
$500.00
$1.500.00
LF
EA
EA
LF
LF
EA
EA
EA
$400.00
$400.00
EA
ilems 8 appurtenances, complele in
place
Curb 8 guller repair for waler related
crossing wlfull depth cemenl
slabilized backfill including related
ilems and appurtenances, complele in
place
Remove and reset exisllng
mailboxes, including relaled ilems and
appurtenances, complete in place
6" SDR 26 PVC(ASTM D3034)
Sanitary sewer Ilne, Including lilllngs,
related Items 8 appurtenances,
complete in place
6 SDR 26 PVC(ASTM D3034)
Sanilary sewer line installed by dry
bore, including fittings, relaled ilems 8
appurtenances, cornplate In place
Conslrucl slatidard concrete manhole
on exisling sewer line wflid, rim.
sealant, Inclduing relaled items 8
appurtenances, complete In place
Precast concrete drop manholes
wflid, dm, sealanl, including relaled
items 8 appudenances, complele in
place
Standard 5" cleanoul assembly.
including relaled ilems 8
appurtenances, complete in place
Short sewer sewice transfer,
including servlce line, relaled fillings.
8 appurtenances, complele in
related items wlfull deplh cement
slabilized backfill including relaled
ilems 8 appudenances, complele In
926
Remove 8 dispose of exisling
115 EA manhole, complete in place $500.00 11
$3,000.00
$1.500.00
78 1 84
19
50
Long sewer servlce transfer, lncludlng
service Ilne, relaled fllllngs, llems 8
appurtenances, complele in place
Asphall pavemenl repair for sawer
1
31
$35.00
$150.00
$100.00
$30.00
$185.00
$3,000.00
$3,500.00
$800.00
1126
13
2
58
$1,300.00
$6.000.00
$1.000.00
170
122
5
5348
60
5
4
7
$3.200.00
38
290
120
16
5570
80
6
3
9
$4.200.00
$1,050.00
$1.100.00
$6.680.00
$3.700.00
$3,000.00
($3,50000)
$1.600.00
47 $1 1.700.00
11 6
119
11 9
120
120E
120G
120J
121 C
125
127A
C03-1
ORIGINAL CONTRACT AMOUNT $4,116,581.28
Change Order No. 1 $428,938.50 10.42% CHANGE
Change Order No. 2 $113,912.94 2.77% CHANGE
Change Order No. 3 $233.373.70 5.67% CHANGE
REVISED CONTRACT AMOUNT $4,892.808.42 13.1 9% TOTAL CHANGE
$20.00
CO-3-2
ORIGINAL CONTRACT TIME
Time Extension No. 1
Revised Conlract Time
Rerliove 6 dispose olexisling
sanitary sewer line as new sanitary
sewer line is inslalied, complete in
LF
LF
LF
LF
SY
SY
SY
LF
LF
275 Days
62 Days
337
Remove S dispose of existing sewer
line, complete in place
$10.00
I I I I ...... 1 TOTAL 1 $233,373.70 ...,......... ..................... ... :.:.:.:.:.:.:::::.: .: ........................................................................................................................................................................
THE NET AFFECT OF THIS CHANGE ORDER IS 5.67% INCREASE. .... ................................... ... ;.;.:.:.:.::::
SY
1 Revised Substantial Complelion Dale 10/12/09 I
$4,120.00 67
118
4" SDR 26 PVC sewerline inslalled by
open cul including related ilems and
appurlenances, complel in place
4" SDR 26 PVC sewerline inslalled by
open cut including relaled ilerns and
appurtenances, complet ill place
6 duclile iron sevderline including
related ilems and appurtenances.
complete in place
Asphalt pavement repair lor shod
services complele&place --
Asphalt pavement repair for boring
pits including relaled Items and
appurtenances, complele in place
Asphalt pavement repair lor boring
pits including relaled items and
appurtenances, complete in place
Asphall pavement repair for shod
services. complete in place
Slmctural backfill for sewer relaled
items w/full depth cement slabilized
backfill i~icluding relaled ilerns 8
appudenances, complele in place
14" standard weight steel casing
:.:.:.:.:.:.:;:.:.:.:.:.:.:.:.:.:.:.:.:.:.: ... ......................................
APPROVED
5350.00
$50.175 00
273
4194
159
CemenlSlabillzed subgrade
--
Dale I
4220
828 LF
$30.00
$20.00
$64.00
$40.00
$40.00
$40.00
$20.00
$40.00
LF
EA
. . u. h~d jO/J5>0~
.-PROJEC~MANA;GER-.,~' Dale
DEPARTMENT DIRECTOR .' <:, .'? Date
$120.00
$250.00
including related ilems and
appurtenances, complete In place
Saddles, 1 W, forwaler connecllon on
Fairview
$10.00
CITY MANAGER Dale
MAYOR Dale
CITY SECRETARY Date
lnstall8"SDR 11 IPS HOPE by pipe
bunling,including related iterns and
appurtenances, complele in place
55
0
19
177
22
11
100
50
CHIEF FINANCIAL OFFICER Dale
'Thls Change Order Is acceptance by ralification for work already compleled
$75.00
80
0
0
0
837
ti
394
100
81
378
115
($1 .ti5U.Oll)
$16.740.00
($032.00)
$8,680.00
$3.106.40
$2,800.00
$5.580.00
$2.600.00
100
13
782
$2,400.00
$3.250.00
$7,820.00
College ParkIBreezy Heights Rehabilitation
Project Location Map
November 9, 2009
Consent Agenda Item No. 3m
Water Reclamation Project Design Contract Change Order No. 1
To : Glenn Brown, City Manager
From: Chuck Gilman, Director of Capital Projects
Agenda Caption: Presentation, possible action, and discussion regarding change order
no. 1 to the Water Reclamation Project design contract in the amount of $24,000.00 to
contract no. 09-147 with Lockwood, Andrews, & Newnam for design services to provide
programming deliverables for control of the water reclamation system.
Recommendation(s): Staff recommends approval of change order no. 1.
Summary: This project will extend treated effluent from the Carters Creek Wastewater
Treatment Plant to Veteran's Athletic Complex, where it will be used for irrigation purposes
in the park. The project includes a pump station at the treatment plant, pipeline and
ground storage tanks at the park.
Programming for the controls associated with the water reclamation system was to be
accomplished in-house. However, due to the existing workload of the SCADA technicians
and limited resources in the division, Water Services is now requesting that this function be
included in the scope of work of the engineering consultant.
Budget & Financial Summary: Funds in the amount of $3,606,730.00 are budgeted in
the Water Capital Projects Fund. Funds in the amount of $518,507.00 have been expended
or committed to date, leaving a balance of $3,088,222.10 for this change order and future
expenses.
Attachments:
1. Change Order No. 1
2. Project Location Map
Page 1 of 2
4
5
6
7
8
9
level and flow instruments, HMI interface
logic, I/O configuration, and
communications configuration
Engineer to coordinate programming
with currently on-going mechanical,
electrical and instrumentation design for
proposed Phase I Reclaimed Water
System project
Engineer to conduct Quality Control (QC)
review of programming deliverables prior
to Owner submission
Engineer to coordinate with the selected
construction contractor to accomplish
programming for proposed Phase I
Reclaimed Water System project
Engineer representative to attend
programming workshopJrneeting with
Owner representative(s) prior to
Engineer initiating programming work.
Workshop will involve Engineer
presentingldescribing proposed
programming plan to Owner, Owner
subsequently providing comments/input,
and the OwnerJEngineer ultimately
coming to a consensus regarding the
programming plan to be implemented
Engineer to conduct in-office testing of
programming via PLC upload and/or
software simulation, prior to field
installation
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
0
0
0
0
0
0
1
1
1
1
1
1
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
10
11
ORIGINAL CONTRACT AMOUNT
Change Order No. 1
REVISED CONTRACT AMOUNT
12
ORIGINAL CONTRACT DESIGN TIME
Change Order No. 1
Revised Contract Design Time
Engineer representative to participate in
system start-up activities, in conjunction
with selected construction contractor, to
verify programming operation/function;
Scope of Services assumes that selected
construction contractor will install all
equipment, have all equipment
functioning, and have completed, tested
and verified all field wiring, prior to
initiation of Engineer's start-up activity
participation
Engineer representative to conduct four
(4), two (2) hour, field training sessions
to instruct Owner operations and
maintenance personnel regarding system
operation
\IET AFFECT OF THIS CHANGE ORDER IS A 5.57% INCREASE
Engineer to provide Owner with single
electronic copy of final installed program
via FTP site upload or CD ROM and ten
(10) hard copies of training reference
material (programming narrative)
$431,000.00
$24,000.00 5.57% CHANGE
$455,000.00 5.57% TOTAL CHANGE
$0.00
$0.00
180 Days
60 Days
240 Days
$0.00
,.CONSTRUCTION CONTRACTOR
0
0
PROJECT MANAGER
0
CITY ENGINEER /,
1
1
DEPARTMENT DIRECTOR
$0.00
$0.00
1
DIRECTOR OF FISCAL SERVICES
$0.00
MAYOR
ClTY SECRETARY
ClTY MANAGER
Page 2 of 2
To: Glenn Brown, City Manager
Fmn Chuck Gilman, Director of Capital Projects
&edaC;ption: Presentation, possible action, and discussion to approve a change order to
professional services contract #05-160 with McClure & Brown Engineering in the amount of
$211,397.50 related to revisions and updates to the Tauber and Stasney Streets
Rehabilitation design.
Fs): Staff recommends approval of the requested change order.
SLnrrrry: In May 2005 the City Council approved a design contract for the design of
improvements and rehabilitation of Tauber and Stasney. Since 2005, the scope of this
project has changed significantly as a result of the Northgate Design Guidelines in the
Unified Development Ordinance, and input from the adjacent property owners and
stakeholders in the Northgate District. This item is for the approval of a professional
services change order to McClure & Browne Engineering/Surveying, Inc. for changes related
to the change in scope of their contract in the amount of $211,397.50.
This change order will compensate the consulting engineer for the following:
Additional topographic and boundary surveys for access easements being dedicated
by some of the adjacent property owners.
Additional topographic surveying to supplement and update the survey data collected
in 2005 to include new improvements along both Tauber and Stasney (e.g.
improvements to Church Street, improvements constructed with The Factory and
Warehouse, etc).
Revisions to the drawings to reflect the changes to the horizontal alignment of the
roadway and parking as a result of the public engagement process, including the
plan and profile sheets of the roadway, the traffic control plans and the storm water
pollution preventions plans.
Revisions to the drawings to reflect the changes to the utilities as a result of the
public engagement process.
Revisions to the drawings and specifications to ensure the design meet the
requirements of the Northgate Design Guidelines in the Unified Development
Ordinance.
Development of a tree protection and preservation plan by a certified arborist (not
included in the original scope of work).
Construction material testing by a local certified testing laboratory (not included in
the original scope of work). Testing will include sub grade soils for the pavement
and sidewalks, backfill material for all utility replacement associated with the project
and on cast-in-place concrete.
Preconstruction site visits be performed a geotechnical and structural engineer to
document existing distress conditions within certain buildings near the construction
zone and that observations of other structures be made from the right-of-way (not
included in the original scope of work).
Vibration monitoring and settlement monitoring at certain buildings and other
structures (e.g. retaining walls) during construction to monitor vibrations measured
during construction activities and to monitor existing structures to ensure movement
is not occurring.
The time of construction is fourteen (14) months. It is expected that construction will begin
this summer, once the design documents are revised and updated.
Budyet&F~l~The current budget for the Tauber and Stasney Street Rehabilitation
project is $3,100,899. Included in this budget are funds for street rehabilitation as well as
water and wastewater utility rehabilitation. A total of $609,025.60 has been expended or
committed to date, leaving a balance of $2,491,873.40 for this change order and future
expenses.
1. Change Order #4
2. Location Map of the Tauber and Stasney Streets Rehabilitation Project.
Change Order #4, Contract #05-160, Page 1 of 2
CHANGE ORDER NO. 4 Contact t 05-160 DATE: October 28. 200
P.O.# 051140 PROJECT: TauberIStasney Rehabilitation and Northgate Sidewalks
.: :: :.:.:.:.: .:.::::::::: :.: ........................ . ..... . .::.. . . . . . . . . . . . . . . . . . , . . . , . . . . . . . . . , . , . . , . . , . , . , . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . , . . . .... .,........ :: .. : . ... :: ...... ......... .,.<<.. . ........ ...... . . . . ...... . . . . . . . . ... . . . .. :.:. .: . .. . ...... . . . .... . ... ... .. ...................................................................... : .. ,-
OWNER: CONTRACTOR:
City of College Station
P.O. Box 9960
McCiure & Browne, Engineeringlsurveying, inc.
1008 Woodcreek Dr Suite 103 Ph: (979) 693-3838
College Station, Texas 77842 College Station, TX 77845
PURPOSE OF THIS CHANGE ORDER:
Fax: '(976) 693-2554
A. Additional Surveying: Additional topographic and boundary surveys, including the location of surface and underground features necessary
for the use in subsequent redesign phases. The horizontal location of ulility lines that are marked at the surface by lheir respective owners will be
included in this survey. Underground features will be limited to manholes, storm drains and other appurtenances that have access from the surface
or that have been uncovered by City forces. Drawings of the existing condilions shall be prepared and submitled lo the City for review. A series of
temporary benchmarks will be placed at key locations throughout the site for subsequent use-during the construclion phase.
B. Redesign: The redesign will involve the completion of plans described in the approved final layout. It will include a traffic control plan that
complies with the Texas Manual on Uniform Traffic control Devices and a Storm Water Pollution Prevention Plan (SWPPP). Deliverable will include
one set of complete, construction ready plans in reproducible form for all items described In the Preliminary Design, one set of bid documents that
include technical specifications, special conditions and unit cost bid proposal sheets and a final conslruction cost estimate based upon an itemized
list of quantities taken from the constructlon plans.
C. Arborlst: At the request of the City, the design engineer has acquired the services of a licensed arborist to evaluate and inspect the existing
trees along the construction area and to make reccomendations on how to best protect and preserve the trees during the design and construction
phases.
D. constructlon Material Testing: At the request of the City, the design engineer will provide construction material testing as part of its
services. The deslgn engineer has acquired the services of a geotechnical consultant to perfrom this task. Testing will include subgrade soils for
the pavement and sidewalks, backfill material for all utility replacement associated with the project and on cast-in-place concrete.
E. Preconstruction Site Visits: Limited Visual Observation services to document existing distress conditions wilhin the following buildings in the
proposed construction area: FedExIKinkos, Papa JohnsISubway, Aggieland Credit Union, Methodist Church, Islamic Mosque and the Catholic Church
Additionally, observation and documentation of other structures will be made along and from the public right-of-way on Tauber and Stasney Streets.
A written report of observations including photographs will be provided. The scope of work will not include reccomendations or opinions regarding the
cause or repair of the documented conditions. Observations will be made from ground or floor level and does not include obeservations in crawl
spaces, roofs, or other inaccessible areas.
F. Vibratlon Monltoring: Monitoring of constructlon vibrations using geophone devices will be conducted for the duration project construction
These locations will be determined as construction sequencing dictates. Construction is expected to last approximately fourteen (1 4) months.
ORIGINAL CONTRACT AMOUNT
Change Order No. 1
Change Order No. 2:
Change Order No. 3:
Change Order No. 4:
TOTAL:
$160,000.00
$6,000.00 3.75% CHANGE
$5,500.00 3.44% CHANGE
$2,500.00 1.56% CHANGE
$21 1,397.50 132 12% CHANGE
$385,397.50 140.87% CHANGE
Change Order #4, Contract 805-160, 1. Page 2 of 2
.................... ................................ % ................................. _.( ....... : : : : :. . ___:.:.:.:.: :.: :., :.:.:.:.:.:.: :.:. ............................................. ........................ ....................... ..... :.:.,.:.::: :.:,:::_::I .:.:.: ...... ..... ........................................................ ........ .............................. ::::::.:.:.: ..... ,:.:,:.:.:.:.:,:.: ........................... :: :.:.:,:.:.: :.:,:.: : :.,.:,:.:,:.:.: ::.:::i:j:j:j:j.j:;:j:::::::::::::::::.:.,::::::::::::::.:.:.:.: ...................................... :.: ::.:: ...... ..........::. ....... ....... .....................
IC,/AS/O ",
Date, ,
-.. .... / i , ,. -
-- ; ,-- , /, .j ,,.' .' j'
DEPARTMENT DIRECTOR,' -% ,! . ,;<: Date MAYOR Dale
CITY SECRETARY Date
CITY MANAGER Date
Tauber and Stasney Street Rehabilitation
Project Location Map
November 9, 2009
Consent Agenda Item No. 30
Project Number WF1129844
Carters Creek Wastewater Treatment Plant Lab & SCADA Building and a
Resolution Declaring Intention to Reimburse Certain
Expenditures with Proceeds From Debt
To : Glenn Brown, City Manager
From: Chuck ~ilmari, Director of Capital Projects
Agenda Caption: Presentation, possible action, and discussion on a Professional Services
Contract with Lockwood, Andrews, and Newnam, Inc. in the amount of $225,477; for the
design of the Carters Creek Wastewater Treatment Plant Lab and SCADA Building and
approval of a resolution declaring intention to reimburse certain expenditures with proceeds
from debt.
Recommendation(s): Staff recommends approval of the professional services
contract and recommends approval of the resolution declaring intention to reimburse certain
expenditures with proceeds from debt.
Summary: At the Council Meeting on October 19, 2009, the Council expressed a
willingness to consider an amendment to the Unified Development Ordinance that would
exempt certain City facilities with an industrial use from all of the requirements in the
Ordinance. During that meeting the Council requested that staff draft the proposed
amendments and develop a review process whereby each design project to modify, expand
or build an industrial facility can be reviewed. Staff recognizes that this process is still being
developed. However, staff would propose to move forward with the design of the Carters
Creek Wastewater Treatment Plant Lab and SCADA Building on the premise that the exterior
match the existing administration building at the Wastewater Treatment Plant - split face
block exterior to with a metal roof at a single elevation to match the existing building. Once
the design is complete on the Lab and SCADA Building, staff will send this project through
the review process ultimately adopted by the Council to allow these variances.
The Carters Creek Wastewater Treatment Plant Lab and SCADA Building is a funded project
in the FY 2010 Capital Plan. The scope of this project includes the design and construction of
the new building facility to replace the existing aging antiquated laboratory, and centralize
our SCADA equipment and hardware into a centralized, environmentally controlled, weather
resistant building. Lockwood, Andrews, and Newnam, Inc. (LAN) was selected as the most
highly qualified firm based on their statement of qualifications submitted in response of RFQ
08-95. LAN and City Staff have completed the programming phase of this project where
current and future needs were thoroughly evaluated and analyzed. With a design budget of
$225,477.00, we are prepared to move into detailed design.
Budget & Financial Summary: The budget for this project is currently $940,000.00. The
P.O. for the project design is $225,477.00. To date, $19,087.36 has been expended or
committed for this project, leaving a balance of $920,912.64 for this contract and future
expenses. This item replaces the standard terms, conditions and specifications that were
attached to the P.O. with those in the Professional Services Contract and requires no
additional funds. The "Resolution Declaring Intention to Reimburse Certain Expenditures
with Proceeds from Debt" is necessary for this item because the long term debt has not
been issued for the project. The debt for the project is scheduled to be issued later this
fiscal year.
Attachments:
1.) Resolution
2.) Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds
from Debt
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, SELECTING A PROFESSIONAL CONTRACTOR, APPROVING A
PROFESSIONAL SEYaVPCES CONTRACT AND AUTHORIZING THE EXPENDITUm
OF FUNDS FOR THE CARTER§ CREEK WASTEWATER TREATMENT PLANT LAB
AND SCDA BUILDING PROJECT.
WHEREAS, the City of College Station, Texas, solicited proposals for the design and
constiuction phase services; and
WHEREAS, the selection of Lockwood, Andrews, & Newnam, Inc. is being recommended as
the most highly qualified provider of the design and construction phase 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 Lockwood, Andrews, & Newnam, Inc. is the
most highly qualified provider of the design and construction phase services for
Carters Creek Wastewater Treatment Plant Lab and SCADA Building Project on the
basis of demonstrated competence and qualifications.
PART 2: That the City Council hereby approves the contract with Lockwood, Andrews, &
Newnam, Inc. for an amount not to exceed $225,477.00 for the design and
construction phase services related to the Carters Creek Wastewater Treatment Plant
Lab and SCADA Building Project.
PART 3: That the funding for this Contract shall be as budgeted from the Water Services Fund
in the amount of $225,477.00.
PART 4: That this resolution shall take effect immediately from and after its passage.
ADOPTED this day of . A.D. 2009.
ATTEST: APPROVED:
City Secretary MAYOR
APPROVED:
City Attorney
RESOLUTION NO.
RESOLUTION DECLARING INTENTION TO REIMBURSE CERTAIN EXPENDITURES WITH
PROCEEDS FROM DEBT
WHEREAS, the City of College Station, Texas (the "City") is a home-rule municipality and
political subdivision of the State of Texas;
WHEREAS, the City expects to pay expenditures in connection with the design, planning,
acquisition and construction of the projects described on Efibit "A" hereto (collectively, the "Project")
prior to the issuance of obligations by the City in connection with the financing of the Project from
available funds;
WHEREAS, the City fmds, considers, and declares that the reimbursement of the City for the
payment of such expenditures will be appropriate and consistent with the lawful objectives of the City
and, as such, chooses to declare its intention, in accordance with the provisions of Section 1.150-2 of the
Treasury Regulations, to reimburse itself for such payments at such time as it issues obligations to finance
the Project;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS THAT:
Section 1. The City reasonably expects it will incur debt, as one or more series of obligations,
with an aggregate maximum principal amount not to exceed $940,000, for the purpose of paying the
aggregate costs of the Project.
Section 2. All costs to be reimbursed pursuant hereto will be capital expenditures. No tax-
exempt obligations will be issued by the City in furtherance of this Statement after a date whlch is later
than 18 months after the later of (1) the date the expenditures are paid or (2) the date on which the
property, with respect to which such expenditures were made, is placed in service.
Section 3. The foregoing notwithstanding, no tax-exempt obligation will be issued pursuant to
th~s Statement more than three years after the date any expenditure which is to be reimbursed is paid.
PASSED AND APPROVED THIS !MI DAY OF NOVEMBER, 2009.
ATTEST:
Connie Hooks, City Secretary
Ben White, Mayor
APPROVED:
Exhibit "A"
The projects to be financed that are the subject of this Statement are:
Carters Creek Wastewater Treatment Plant Lab and SCADA Building
November 9, 2009
Consent Agenda Item No. 3p
Copperfield/FM 60 Signal ILA
To : Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda caption: Presentation, possible action and discussion of an Interlocal Agreement
between the cities of Bryan and College Station in an amount not to exceed $60,000 for
turn lanes and signals at the intersection of University Drive and Copperfield.
Recommendation(s): Staff recommends approval of the ILA
Summary: The ILA provides for College Station and Bryan to share in the cost of
constructing the new signal. Bryan will enter into an Advance Funding Agreement with
TxDOT to provide the complete design plans, specifications and estimate (PS&E) for the
construction of a protected left-turn lane and traffic signals at the intersection of FM 60 and
Copperfield Drive. Bryan will fund 100 percent of the actual construction cost of the traffic
signal work and pavement work on Copperfield Drive. College Station will reimburse Bryan
for one-half of the actual cost of the traffic signal construction, in an amount initially
estimated not to exceed $60,000.00. Payment will be made as the work progresses and
within 30 days of invoice.
Budget & Financial Summary: Funds for this signal are available and budgeted in the
street capital improvements fund.
Attachments:
1. Interlocal Agreement
2. Cost estimate
INTERLOCAL AGREEMENT
RETWEEN THE CITY OF COLLEGE STATION
AND THE CITY CIF BRYAN
FOR TURN LANES AND SIGNALS ON FM 60 AT COPPERFIELD
This Interlocal Agreement (Agreement) between the City of College Station, Texas
(College Station) and the City of Bryan, Texas (Bryan) is effective as of the day of
,2009.
WHEREAS, Chapter 791 of the TEXAS GOVERNMENT CODE, also known as the
JNTERLOCAL COOPERATION ACT, authorizes local governments to contract with each other
to perform functions or services that each party to the contract is authorized to perform
individually; and
WHEREAS, the parties are seeking to enhance safety and improve the traffic flow
through the intersection of FM 60 (University Drive) and Copperfield Drive along the city limits
of the Cities of Bryan and College Station; and
WHEREAS, the parties desire to provide interim improvements to the intersection in
advance of a future widening of FM 60 to include pavement widening on the southeast side of
FM 60, traffic signals on all approaches, drainage structure relocation, and signing and pavement
marking improvements; and
WHEREAS, the parties agree to equally share in the costs not paid by TxDOT for the
said improvements at the intersection of FM 60 and Copperfield Drive;
NOW, THEREFORE, the parties agree as follows:
1. Advance Funding Agreement with TxDOT. Bryan will enter into an Advance Funding
Agreement with TxDOT to provide the complete design plans, specifications and estimate
(PS&E) for the constiuction of a protected left-turn lane and traffic signals at the intersection of
FM 60 and Copperfield Drive. Additional design for construction of pavement inlproveinents to
Copperfield Drive will be included in the PS&E. Bryan will fund 100 percent of the actual
coilstiuction cost of the traffic signal work and pavement work on Copperfield Drive.
2. Reimbursement. College Station will reimburse Bryan for one-half of the actual cost of
the traffic signal construction, in an amount initially estimated not to exceed $60,000.00.
Payment will be made as the work progresses and within 30 days of invoice. A portion of
College Station's reimbursement to Bryan may consist of inaterials provided for the project as
listed in Attachment A. The cost of the materials may count toward College Station's
reimbursement contribution when invoicelreceipts are provided.
3. Additional Expenses. Unexpected expenses or change orders resulting in an increased
traffic signal construction cost will be shared equally between the two parties.
4. Available Funds. All expenditures under this Agreement by either party will be froin
current available revenues in accordailce with Texas Government Code $791 -01 1(d)(3).
5. Notices. Notices will be mailed to the addresses designated herein or as may be
designated in writing by the parties from time to time and are deemed received when sent
postage prepaid U.S. Mail to the following addresses:
City of Bryan
Attn: City Manager
P.O. Box 1000
Bryan, Texas 77805
City of College Station
Attn: City Manager
P.O. Box 9960
College Station, Texas 77842
6. Venue. This agreement is governed by and construed under and in accordance with the
laws of the State of Texas. Jurisdiction and venue for any matter arising out of this Agreement is
in a court of competent jurisdiction in Brazos County, Texas.
7. Entire Agreement. This Agreement constitutes the entire agreement between the parties
respecting the subject matter hereof and supersedes any prior understanding or written or verbal
agreements concerning the same. The terms and conditions of this Agreement may be modified
at any time by the mutual consent of both parties, but only in writing, signed by the governing
bodies of both entities.
SIGNED this the day of ,2009.
CITY OF BRYAN CITY OF COLLEGE STATION
BY: BY:
Mark Conlee, Mayor Ben White, Mayor
ATTEST: ATTEST:
Mary Lynne Stratla, City Secretary Connie Hooks, Cily Secretary
APPROVED: APPROVED:
David Watkins, City Manager Glenn Brown, City Manager
Janis Hampton, City Attorney
Charles Cryan, Chief Finailcia1 Officer Jeff Icersten, Chief Fillancia1 Officcr
Page 3 - . - - -- -
ATTACHMENT A
College Station's Estimated Material Costs*
Emergency Vehicle Preemption 1 $4,500
Video Imaging Vehicle Detection (VIVD) System 1 $10,270
1 Confirmation Enforcement Lights I $ 1,000
-
*Invoice/receipt to be provided upon material delivery.
Estimate FMGOCOPPERFIELD
Estimated Cost: $107,959.87
Contingency: 0.00%
Estimated Total: $107,959.87
0506-01-097 - SIGNAL
Base Date: 0511 8/09
Spec Year: 04
Unit System: E
Work Type:
Highway Type: FLEXIBLE (BASE AND ACP) PAVE.
UrbanIRural Type: RURAL
Season:
County: BRAZOS
Midpoint of Latitude:
lblidpoint of Longitude:
District: BRYAN
FederalIState Project Number: 0506-01-097
Prepared by System Administrator
Estimate: FM6OCOPPERFIELD
Line # Item Number Quantity Units
Description
Supplemental Description
Group 0007: SIGNS (0506-01 -097)
0060 06442004 2.000 EA
INS SM RD SN SUP&AM TY IOBWG(1) SA(T)
0091 06442060 3.000 EA
REMOVE SM RD SN SUP & AM
Group 0008: SIGNAL (0506-01 -097)
0061 041 62032 60.000
DRILL SHAFT (TRF SIG POLE) (36 IN)
0062 061 8201 8 44.000
CONDT (PVC) (SCHD 40) ( 21N)
0063 06182022 257.000
CONDT (PVC) (SCHD 40) (31N)
0064 06182024 25.000
CONDT (PVC) (SCHD 40) (41N)
0065 06202007 242.000
ELEC CONDR (NO. 4) BARE
0066 06202008 484.000
ELEC CONDR (NO. 4) INSULATED
0067 0620201 1 469.000
ELEC CONDR (110.8) BARE
0068 06202012 1,408.000
ELEC CONDR (NO. 8) INSULATED
,069 06242012 3.000
GROUND BOX TY C (16291 1) WIAPRON
0070 06282164 1.000
ELC SRVTY D 1201240 070 (NS)AL(E)PS(U)
0071 06802002 1 .OOO
INSTALL HWY TRF SIG (ISOLATED).
SP FOR CS TO PROVIDE MATERIAL
0072 06822001 8.000
BACK PLATE (12 IN) (3 SEC)
0073 06822003 4.000
BACK PLATE (12 IN) (5 SEC)
0074 0682201 2 1.000
LOUVER (12 IN) (ADJUSTABLE)
0075 06822022 4.000
VEH SIG SEC (12 IN) LED (GRN ARW)
0076 06822023 12.000
VEH SIG SEC (12 IN) LED (GRN)
0077 06822024 4.000
VEH SIG SEC (12 IN) LED (YEL ARW)
0078 06822025 12.000
VEH SIG SEC (12 IN) LED (YEL)
0079 06822027 12.000
VEH SIG SEC (12 IN) LED (RED)
0080 0684201 0 769.000
'TRF SIG CBL (TY A) (12 AWG) ( 5 CONDR)
0081 06842012 1,315.000
TRF SIG CBL (TY A) (12 AWG) ( 7 CONDR)
q082 0686201 8 4.000
INS TRF SIG PL AM(S) STR (TY D) LLlM
0083 06882001 4.000
PED DETECT (2 INCH PUSH BTN)
Unit Price Extension
Group Alternate Code: SGN
Total for Group 0007: $1,110.00
1 :23:02PM
Thursday, October 08, 2009 Page 2 of 3
Estimate: FM6OCOPPERFIELD
Line # Item Number Quantity Units
Description
Supplemental Description
0084 62662011 1.000 EA
VlVDS CAMERA SYSTEM (INSTALLATION ONLY)
0085 62662003 1.000 EA
VlVDS SET-UP SYSTEM
0087 68342001 30.000 DAY
PORTABLE CHANGEABLE MESSAGE SIGN
0088 81 682001 4.000 EA
LED COUNTDOWN PEDESTRIAN MODULE
Group 0009:
0089
MlSC (5%)
0090 05002001
MOBILIZATION
7% 0 F TO TAL
1 :23:02PM
Thursday, October 08, 2009
Unit Price Extension
Group Alternate Code: SIG
Total for Group 0008: $94,982.45
Total for Group 0009: $1 1,867.42
Page 3 of 3
November 9, 2009
Consent Agenda Item No. 3q
Holleman Extension Wetlands Mitigation Credit Purchase
To : Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action and discussion regarding a
resolution to purchase 5.5 Wetland Mitigation Credits in the Steele Creek Mitigation
Bank from OXBOW Investments Inc. in the amount of $137,500.00.
Recommendation(s): Staff recommends approval of the resolution approving
the purchase of 5.5 mitigation credits from OXBOW Investments Inc.
Summary: This credit purchase is necessary to meet federal agency mitigation
requirements for wetlands that will be disturbed by the extension of Holleman Drive
between Dowling Road and FM 2818. The total purchase price for the credits is
$137,500.00. The City is required by the U.S. Army Corps of Engineers to obtain
approval of a compensatory mitigation plan under a Clean Water Act, Section 404
Individual Permit.
6udGet & Financial Summary: Funding for this credit purchase is available in the
Street Capital Improvements Fund.
Attachments:
1. Location Map
2. Resolution
3. Invoices
RESOLUTION NO.
il RESOLU'TION OF THE CITY COIJIVCIL OF 'I'HE CITY OF COILEGE STATION,
*-TEXAS, rll'PROVING 'YHE PURCHASE OF 5.5 MITIGATION CREDITS IN 'T'EIH Sl'El<I,E
CREEK MITIGATION RANI<, AS REQUIRED PURSUANT TO THE MI'I'IGATION PLAN
FOR UNITED STATES ARMY CORPS OF ENGINEERS PROJECT NO. 2009-00206.
WFIEREAS, in April, 2009, the City Council approved an engineering contract with Mitchell and
Morgan Jd.P for design services for Holleinan Drive extension through Lhe City of College
Station property and a connection to the existing Jones-Butler roadway just east of Lhe Dowling
Road Pump Station.; aild
WHEREAS, at thc time construction is to proceed, a United States Ariny Corps of Engineers
Section 404 Permit No. 2009-00206 is required; and
WHEREAS, thc United States Army Corps of Engineers has ~pproved and accepted the City's
mitigation plan to buy 5.5 Mitigation Crcdits in the Steele Creelr Mitigation Banlr in Robertson
County, Texas; therefore,
BE IT RESOLVED BY TFIE CI'IY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PAR'I' 1: That the City Council hereby finds that the purchase of 5.5 Mitigation Credits in the
Steele Creelr Mitigation Banlr in Robertson County, Texas, is the desired method of
mitigation.
PART 2: That the City Council hereby approves the purchase of 5.5 Mitigation Credits in the
Steele Creelr Mitigation Bank in Robcrtson County, 'l'cxas, from OlYBOW
Illvestments Inc. as part of the Holleman Extension Project.
PAR'I' 3: That the City Council authorizes the Mitigation Payl~lent of $137,500.00 to OXBOW
Investments Inc. for said 5.5 Mitigation Credits.
PART 4: That this resolution shall take effect inlmediatelj~ from and after its passage.
ADOPTED this day of , A.D. 2009.
ATTEST: APPROVED:
City Secretary Mayor
INVOICE
Invoice Date: 14 September 2009
Invoice #09 1409
Terms: Payment due upon receipt
Sold To: City of College Station
Transaction Description:
Wetland 'Mitigation Credits = 0.7 Credits for I-Iolleman Drive
Phase I1
@ $25,000 per whole Credit unit = $17,500
PLEASE PAY THIS AMOUNT: $17,500
MAKJ3 CHECK PAYABLE TO:
OXBOW Investments Inc.
160 Lexington Sg
Carrollton, Virginia 23314
INVOICE
Invoice Date: 23 October 2009
Invoice # i. 02309
Terms: Payment due upon rece@t
Sold To: City of College Station
Transaction Description:
Wetland .Mitigation Credits = 4.8 Credits fkom the Steele Creek
Mitigation Bank
@ $25,000 per whole Credit unit = $120,000
PLEASE PAY THIS AMOUNT: $120,088
-MAKE CHECK PAYABLE TO:
OXBO W 1nve.stments IHC
6 60 Lexington ,Sq
Carrolltun, Virgin iu 233 14
November 9, 2009
Consent Agenda Item No. 3r
Project Number ST0905
Right-of-way Easement Agreement
Penberthy Road Extension
To: Glenn Brown, City Manager
From: Chuck Gilman, Director of Capital Projects
Agenda Caption: Presentation, possible action, and discussion regarding execution of a
Right-of-way Easement Agreement with the Texas A&M University System (TAMUS), for the
construction of Penberthy Road Extension.
Recommendation(s): Staff recommends Council approval of the Right-of-way
Easement.
Summary: The extension of Penberthy (AKA Jones Butler) from Luther Drive to George
Bush Drive was a project included in the 2008 Bond Program. This will allow direct access
to the West Campus of Texas A&M University for College Station residents who live south of
campus and west of Wellborn Road. This connectivity will be especially important in the
future as the Texas Department of Transportation (TxDOT) is designing a grade separation
at George Bush and Wellborn road, which will make Marion Pugh a right-in/right-out onto
George Bush once construction is complete. Once Marion Pugh is a right-in/right-out onto
George Bush, there will no longer be direct and easy access to the West Campus of Texas
A&M University without backtracking to FM 2818 or Holeman.
City staff has been working closely with the University for the past two years on the
alignment and functional classification of the roadway, and the layout of the George
BushjPenberthy layout. The design of this roadway extension is scheduled to begin this
fiscal year. This easement agreement will allow the City to construct, operate, and maintain
this important new roadway that will extend across the campus of Texas A&IY University.
Budget & Financial Summary: This project is funded by General Obligation Bonds in the
amount of $3,283,500. Funds in the amount of $7,809.22 have been expended or
committed to date, leaving a balance of $3,275,690.78 for future expenses. This item,
however, has no budgetary impact at this time as the easement is being dedicated.
Attachments:
1.) Right-of-way Easement Agreement
2.) Project Location Map
RIGHT-OF-WAY EASEMENT
(City of College Station)
1. Grant of Easement. The BOARD OF REGENTS OF THE TEXAS A&M
UNIVERSITY SYSTEM ("TAMUS"), acting by and through its duly authorized officer, under
and in consideration of the mutual benefits to be derived by both parties, GRANTS,
BARGAINS, SELLS and CONVEYS to the CITY OF COLLEGE- STATION
("GRANTEE"), its successors and permitted assigns, a conditioilal road right-of-way easement
(the "Easement") over, on, and across certain property of TAMUS (the "Property"), located in
Brazos County, Texas, more particularly described in Exhibit "A" attached hereto and made a
part of this agreement.
2. Purpose and Location of Easement. The Easement is granted solely for the
purpose of constructing, operating and maintailling a public roadway extending from I'enberthy
Boulevard to Jones Butler Road (the "Road") located on the Property. A plat of the Property
showing the surface area affected by the Easement and the location of GRANTEE'S right-of-
way is depicted on Exhibit "B" attached hereto and made a pait of this Agreement.
3. Right of Access. GRANTEE agrees to occupy the surface of the Propeity only to
the extent and for the length of time necessary to construct, maintain, repair, replace, and rebuild
the Road for public use.
4. Duties. If GRANTEE damages or destroys any roads, bridges, culverts,
buildings, other structures or equipment on the Property, other than its own property,
GRANTEE must, within a reasonable period of time, repair or replace such iinprovements to the
extent it will, as nearly as practicable, be in lilce condition as before such damage or destruction.
At the option of TAMUS, in lieu of repairing or replacing the improvements, money damages
will be paid. Such damages include those caused by GRANTEE or its agents or employees
entering, departing, or by reason of being present during construction and maintenance of the
Road. If GRANTEE removes any materials or structures, it will fix and level as required by
TAMUS the land affected so that the Property will bc as nearly as possible in the same condition
as it was before GRANTEE entered on the Property. GRANTEE must remove all surplus
baclcfill material, felled trees and other debris caused by its activities on the Property.
GRANTEE agrees to notify TAMUS, in the manner set forth in Section 19, no later than
three (3) busiiless days after completion of any construction, repairs or replacements, and will
cooperate with TAMUS personnel in conducting an onsite inspection to assess damages
resulting from GRANTEE'S activities. Prior to any subsequent alteration or additional
construction, GRANTEE agrees to notify TAMUS, in the same manner as set foi-th above, five
(5) business days prior to commencement of such activities.
5. No Fee Interest Granted. This is a grant of a non-exclusive easement only, and
does not grant any fee interest to the surface, subsurface, or any interest in the minerals on or
under the Property. The conveyance is made subject to any and all outstanding restrictions,
,; i.' .. ; - - ,:: ./, l~ -... ,. - . . ;! .;,. :,.:- .r.. ; $.*$ ', ;, !:,,~ ;;~,>i, 4L.jL [;.,..~.;;.:>.,:-!- 5
,; ~..; < :-, ;/ I(
!' \-.>.,
; "tyeL
Prepared by OfliceofGeneral Counsel
TAMU Street Ex~c~~rion~mprovemcnls
Legal Files 2007-001 5924
1 112109-GhiI
reservations, covenants, conditions, easements and other encumbrances filed of record or
apparent on the ground. TAMUS expressly retains all rights to grant, coiltrol and renew all
easements, of every kind and character, on: over or under the Property.
6. Duration of Easement. TAMUS and GRANTEE expressly agree that the
conditional road right-of-way Easement will remain in force and effect only so long as the
Property is used for a public right-of-way. If the Property ceases to be uscd as a public right-of-
way, the Easement will automatically terminate. If required by TAMUS, GRANTEE shall
remove all improvements within one (1) year following the date of termination or abandonment
of the Easement. Notwithstanding the foregoing, TAMUS may demand removal of the
improvements in writing at any time following termination or abandonment of the Easement, and
if the improvements are not removed within sixty (60) days following such demand, TAMUS
shall have the right to remove the improvenlents at the expense of GRANTEE. GRANTEE
agrees to pay the actual costs incurred by TAMUS for removal of the improvements within sixty
(60) days following written notice from TAMUS accompanied by reasonable supporting
documentation. If any removal causes injury to the Property or adjacent propei-ty, GRANTEE
will restore or pay for such damage within sixty (60) caleildar days after completion of such
removal.
7. Non-Exclusive Easement. The Eascment is nonexclusive. TAMUS reserves for
TAMUS and TAMUS' successors and assigns the right to full use and enjoyment of the
Property and the right to convey the Property or other rights or easements to others, so long as
such use or conveyance does not unduly interfere with GMNTEEYs use.
8. Hold Harmless. GRANTEE and TAMUS, to the extent allowed by the
Constitution and Laws of the State of Texas, each agree to hold the other harmless from any and
all claims, demands, liabilities, and causes of action for personal injury or death andlor damage
to or destruction of property or improvements caused by, arising out of, or resulting from the
exercise of each parties rights and obligations under this Agreement.
9. Hazardous Waste. GRANTEE will not commit or suffer to bc committed waste
upon the Property; will lceep the Road in good worlcing order and repair and in a clean, safe and
healthful condition; and will comply with all state, federal and local laws, rules and regulations
with regard to the use and condition of its improvements on the Property.
GRANTEE will not use the Property or permit it to be used so as to cause, suffer, or
allow any contamination of soils, groundwater, surface water, or natural resources on or adjacent
to the Property resulting fsom, but not limited to, spills or lealcs of oil, gasoline, hazardous
materials, hazardous wastes, or other chemical compounds. GRANTEE is solely responsible for
cleanup of any contamiilatioil resulting from the violation of this provision.
Prepared by Olfice orGeneral Counsel
TAMU Slreel Ex~ensionlllm~~rovemcnls
Legal Files 2007-0015924
I IIU09-GMJ
IF THE PRESENCE OF HAZARDOUS MATERIALS ON THE PROPERTY IS
CAUSED OR PERMITTED BY GRANTEE AND SUCH MATERIALS RESULT IN
CONTAMINATION OF THE PROPERTY OR IF CONTAMINATION OF THE
PROPERTY BY HAZARLIOUS MATERIAL OTHERWISE OCCURS AND IS
RELATED TO GRANTEE'S USE, THEN GRANTEE WILL, TO THE EXTENT
ALLOWED BY THE CONSTITUTION AND THE LAWS OF THE STATE OF TEXAS,
INDEMNIFY, DEFEND AND HOLD TAMUS HARMLESS FROM ANY AND ALL
CLAIMS, JUDGMENTS, DAMAGES, PENALTIES, FINES, COSTS, LIABILITIES OR
LOSSES (INCLUDING DIMINUTION IN VALUE OF THE PROPERTY, DAMAGES
FOR THE LOSS OF OR RESTRICTION ON USE OF THE PROPERTY OR OF ANY
AMENITY OF THE PROPERTY, AND SUMS PAID IN SETTLEMENT OF CLAIMS,
ATTORNEYS' FEES AS MAY BE ALLOWED BY LAW, CONSULTANTS' FEES AND
EXPERTS FEES) WHICH ARISE DURING OR AFTER THE EASEMENT TERM AS A
RESULT OF SUCH CONTAMINATION.
10. Default and Termination. It is agreed upon default by GRANTEE of any of
these covenants, conditions and agreements, that TAMUS has the right, and such right is
expressly reserved, to declare the Easement forfeited, without prejudice to any claim TAMUS
may have against GRANTEE; provided, however, TAMUS will give GRANTEE written
notice of its intention to terminate the Eascnlent and the reasons for termination, and
GRANTEE will have thii-ty (30) calendar days after receipt of notice to rectify the default or
violation. Upon timely correction, the Easement will remain in full force and effect.
Termination or abandonment of the Easement for any cause will automatically revert to TAMUS
all rights granted to GRANTEE in this agreement without the necessity of any further action or
suit on the part of TAMUS. Upon termination or abandonment, GRANTEE agrees to file a
Release of Easement in the Deed Records of the county in which the Property is located.
Abandonment will be deemed to have occurred when the Easement is not used for the purposes
granted for a continuous period of one calendar year.
11. Waiver. No waiver by TAMUS or GRANTEE of any default or breach of any
term, condition, or covenant of this agreement will be a waiver of any other breach of any other
term, condition, or covenant.
12. Privileges and Immunities. GRANTEE aclu~owledges TAMUS is an agency of
the State of Texas and nothing in this agreemcnt will be constmed as a waiver or relinquishment
by TAMUS of its right to claim all exemptions, privileges, and immunities as may be provided
by law.
13. Governing Law and Venue. The validity of this agreement and all matters
pel-taining to this agreement, including but not limited to, matters of performance,
non-performance, breach, remedies, procedures, rights, duties, and intelpretation or construction,
shall be governed and determined by the Constitution and the laws of the State of Texas.
Prepared by Oflice ofGeneral Counsel
TAMU Slreel RxlensionJlmprovc~nenls
Legnl FiFil2007-0015924
1 1/2/09-GMJ
Pursuant to Section 85.18, Texas Ed~lcation Code, venue for any suit filed against TAMUS shall
be in the county in which the primary office of the chief executive officcr of TAMUS is located.
14. Grammatical Interpretation. When the singular number is used in the agreement,
it also includcs the plural, and the masculine gender includes the feminine and neuter gender.
15. Headings. Headings are for reference and will not be construed lo limit or alter
the meaning of the provisions of the agreement.
16. Parties Bound. This agreement is binding upon and inures to the benefit of the
Parties and their respective heirs, executors, administrators, legal representatives, successors in
interest or office, and assigils (but this Section does not constitute permission for an assignment).
17. Saving Clause. Should any clause in this agreement be found invalid by a coui-t
of law, the remainder of this agreement will not be affected and all other provisions in the
agreement remain valid and enforceable to the fullest extent permitted by law.
18. Assignment. GRANTEE may not sell, assign, encumber, or convey any rights
under this agreement, without the prior written consent of TAMUS, and any attempt by
GRANTEE to sell, assign, encumber, or convey any such rights without consent will cause this
agreement to terminate.
19. Notices. Any notice required or permitted under this agreement must be in
writing, and shall be deemed to be delivered (whether actually received or not) when deposited
with the United States Postal Service, postage prepaid, certified mail, return receipt requested,
and addressed to the intended recipient at the address set out below. Notice may also be given
by regular ,mail, personal delivery, courier delivery, facsimile transmission, email or other
commercially reasonably means and will be effective when actually received. TAMUS and
GRANTEE can change their respective notice address by sending to the other party a notice of
the new address. Notices should be addressed as follows:
If to TAMUS: System Real Estate Office
A&M System Building, Suite 2079
200 Technology Way
College Station, Texas 77845-3424
Phone: (979) 458-6350
Fax: (979) 458-6359
If to GRANTEE: City of College Station
1 10 1 Texas Avenue
College Station, Texas 77840
Prepared hv Ofice oI'Ciencral Cou~lsel
l'~hfil ~trc;l Es~ensionrllrnprove~~~e~~ls
Lcgal Files 2007-0015924
1 112109-Gh4l
20. Entire Agreement. This agreement constitutes the entire agreement between
TAMUS and GRANTEE and will not be explained, modified, or contradicted by any prior or
contemporaneous negotiations, representations, or agreements, either written or oral. This
agreement may only be a~neilded by a subsequent written instrument.
21. Effective Date. This Agreement is deemed to be in force as of the day of
,2009.
BOARD OF REGENTS OF THE TEXAS A&M
UNIVERSITY SYSTEM
By:
MICHAEL D. MCICINNEY
Chancellor
The Texas A&M University System
APPROVED AS TO FORM:
f--:
GINA M. JOSEPH i, '
Assistant General Couns'e 1
Office of General Counsel
The Texas A&M University System
STATE OF TEXAS 9
8
COUNTY OF BRAZOS 5
This instrument was aclcnowledged before me this day of , 2009
by MICHAEL D. MCICINNEY, Chancellor of The Texas A&M University System, an agency
of the State of Texas, on behalf of the Board of Regents of The Texas A&M University System.
Notary Public, State of Texas
Prcparcd by Ofice of General Counsel
TAMU Slreel Exlens~o~~Jlniproven~enls
Legal Files 2007-0015924
1 112109-GMJ
TERMS AND CONDITIONS EXPRESSLY ACICNOWLEDGED AND ACCEPTED:
EXECUTED this the day of ,2009, by GRANTEE.
CITY OF COLLEGE STATION
By:
BEN WHITE, Mayor
ATTEST:
CONNIE HOOKS
City Secretary
APPROVED AS TO FORM:
HARVEY CARGILL, JR.
City Attorney
ACIUVOWLEDGEMENT
STATE OF TEXAS 8
§
COUNTY OF BRAZOS 8
This instrument was aclcnowledged before me this day of , 2009
by BEN WHITE, Mayor of the City of College Station, and on its behalf.
Notary Public, State of gas
Prepared by Ollicc ofGencrnl Counsel
TAMU Srree~ Exleasionr/l~nproven~enlr
Lcgal Files 2007-001592~1
11/2/09-GMJ
Joe Orr, Inc.
Surveyors & Engineers
2167 Post Oak Circle
College Station, TX 77845
(979) 690-3378 / 693-2777
Proposed 80' Right-of-way
Jones-Butler Road / Penberthy Boulevard ,
Texas A&M University Property
Joseph E. Scott LeagucA-50 - ---
College Station, Texas
13 July 2009
All that certain tract or parcel of land lyiag and being situated in the JE. Scott League,
Abstract no. 50, in College Station, Brazos County, Texas, being a part of that 104.8 acre
tract conveyed to the Board of Directors of the Agricultural and Mechanical College of
Texas, by deed recorded in Volume 49, Page 340 of the Deed Records of Brazos
County, Texas, being an 80 feet wide strip of land extending fiom Luther Street West to
George Bush Drive and being more particularly described as follows:
Beginning at a 518'' iron rod found 70 feet right of TXDOT centerline station 55+00 of
George Bush Drive (F.M. 2347) fiom which NGS monument "Texas A&M 1935" bears
N 6" 27' 32" W - 4484.1 feet.
Thence N 42" 19' 33" E - 99.00 feet along the southeast right-of-way line of George
Bush Drive to the most northerly corner of this tract, fiom where a 5/8" iron rod was
found N 40" E - 0.71 feet;
Thence through the said Texas A&M tract as follows:
S 2" 40' 27" E - 70.71 feet to an angle point on the slope of a creek channel;
S 47" 40' 27" E - 484.17 feet to a W iron rod with an orange plastic cap
stamped "H.P. Mayo RPLS 5045" set the beginning of a tangent curve to the
right (R= 1540.00');
Along the arc of said curve through a central angle of 15" 00' 00" to a W iron
rod with an orange plastic cap stamped "H.P. Mayo RPLS 5045" set the end of
said curve;
S 32" 40' 27'' E - 306.92 feet to a %" iron rod with an orange plastic cap
stamped W.P. Mayo RPLS 5045" set the beginning of a tangent curve to the lefl
(R= 1460.00');
Along the arc of said curve through a central angle of 12" 47' 33" to a %" iron
rod with an orange plastic cap stamped "H.P. Mayo RPLS 5045" set the end of
said curve;
S 45" 28' 00" E - 395.95 feet to a %" iron rod with an orange plastic cap
stamped "H.P. Mayo RPLS 5045" set an angle point;
Jones-Butler I Penbathy Page 1 of 2
N 88" 00' 53'' E - 68.81 feet to a %" iron rod with an orange plastic cap stamped
"H.P. Mayo RPLS 5045" set the northwest line of Luther Street West from where
a W' iron rod was found S 6" 57' 02" E - 80.18 feet at the west comer of Lot 1,
Block 2 of Woodway West Phase 1 according to plat of record in Volume 705,
Page 6 1 9 of the Official Records of Brazos County, Texas;
Thence S 4 1" 29' 46" W - 180.11 feet along the northwest linc of Luther Street
West lo a !A'' iron rod with an orange plastic cap stamped "H.P. Mayo RPLS
_5~O~&~thwest~0mer-of_thistract; - -- -
N 1" 59' 07" W - 72.56 feet to a W iron rod with an orange plastic cap
stamped "H.P. Mayo RPLS 5045" set an angle point;
N 45" 28' 00" W - 400.20 feet to a %" iron rod with an orange plastic cap
stamped "H.P. Mayo RPLS 5045" set at the beginning of a tangent curve
to the right (R= 1540.00');
Along the arc of said curve bugh a ccntral angle of 12" 47' 33" to a !hY'
iron rod with an orange plastic cap stamped "H.P. Mayo RPLS 5045" set
the end of said curve;
N 32" 40' 27" W - 306.92 feet to a %" iron rod with an orange plastic cap
stamped 'X.P. Mayo RPLS 5045" set at the beginning of a tangent curve
to the left (R= 1460.00');
Along the arc of said curve through a central angle of 15" 00' 00" to a L/z"
iron rod with an orange plastic cap stamped "H.P. Mayo RPLS 5045" set
thc cnd of said curve;
N 47" 40' 27" W - 487.27 feet to a %" iron rod with an orange plastic cap
stamped "H.P. Mayo RPLS 5045" set an angle point;
N 89" 49' 08" W - 74.15 feet to a K" iron rod with an orange plastic cap
stamped "H.P. Mayo RPLS 5045" set in the southeast right-of-way line of
George Bush Drive;
Thence N 48" 02' 11" E - 81.15 feet to the Point of Beginning and containing
3.820 acres of land more or less.
Bearings are Texas State Plane, NAD83 (1986)
datum, based on City of College Station 1994 GPS
monument no. 165 and NGS monument "Texas
A&M 1935" (N 52' 36' 27" E).
See survey plat dated 21 Nay 2008
Revised July 1,2009.
Jones-Butler / Penberthy
Pen berthy Road Extension
Project Location Map
November 9, 2009
Regular Agenda Item No. 1
Smoking Ordinance Amendment
To : Glenn Brown, City Manager
From: Hayden Migl, Assistant to the City Manager
Agenda Caption: Public hearing, presentation, possible action, and discussion regarding a
proposed amendment to the City's smoking ordinance.
Recommendation(s): Staff recommends approval of Option A.
Summary: The City Council directed staff at the October 8 Council meeting to define
specialty tobacco shops within the City's current smoking ordinance.
The proposed amendment states that a tobacco specialty shop is "any establishment that is
dedicated to the sale or rental of tobacco, tobacco-related products and accessories for
consumption or use on or off the premises and more than 60% of the revenues must come
from the sale or rental of tobacco and tobacco-related products."
The ordinance also clarifies that "Smoking is not allowed at any public meeting, in any
public place, or in a workplace unless specifically permitted" as an exception. The only
exceptions listed in the ordinance include actors or actresses in theatrical performance and
specialty tobacco shops.
Staff has also included an Option B that defines hookah bars and adds them as an exception
in addition to defining tobacco specialty shops. Hookah bars would be required to receive at
least 30% of their revenues from the sale or rental of hookah tobacco products.
Budget & Financial Summary: N/A
Attachments:
1. Smoking ordinance Option A - Defining tobacco specialty shops
2. Smoking ordinance Option B - Same as Option A and defines hookah bars and adds
them as an exception
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 7, "HEALTH AND SANITATION7, OF THE
CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY
AMENDING SECTION 9, "TOBACCO PRODUCTS AND SMOKING", AS SET OUT
BELOW; 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 Chapter 7, Section 9, of the Code of Ordinances of the City of College
Station, Texas, be amended as set out in Exhibit "A", attached hereto and made a
part of this ordinance for all purposes.
PART 2: That if any provisions of any section of this ordinance shall be held to be void or
unconstitutional, such holding shall in no way effect the validity of the remaining
provisions or sections of this ordinance, which shall remain in full force and
effect.
PART 3: That any person, firm, or corporation violating any of the provisions of this
chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof
shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor
more than Two Thousand Dollars ($2000.00). Each day such violation shall
continue or be permitted to continue, shall be deemed a separate offense. Said
Ordinance, being a penal ordinance, becomes effective ten (10) days after its date
of passage by the City Council, as provided by Section 35 of the Charter of the
City of College Station.
PASSED, ADOPTED and APPROVED this 9th day ofNovember, 2009.
APPROVED:
ATTEST:
City Secretary
APPROVED:
MAYOR
ORDINANCE NO.
EXHIBIT "A"
Page 2
SECTION 9: TOBACCO PRODUCTS AND SMOKING
A. Definitions
(1) Public Meeting means a meeting required to be open to the public under TEX.
GOVT. CODE, Chapter 55 1.
(2) Public Place means an enclosed, indoor area to which the public has access and
includes, but is not limited to the following:
(a) the common areas of a retail store, office, grocery store, or other
commercial establishments;
(b) a restaurant or cafeteria;
(c) a public or private or secondary school;
(d) a public or private institution of higher education;
(e) a hospital or nursing home;
(f) an elevator;
(g) City and school buses;
(h) City building, owned or leased by the City and used for City purposes;
(i) an enclosed theater, auditorium, movie house, or arena;
Cj) a courtroom or a jury waiting or deliberation room; or
(k) bar or bar area
(3) Smoke or smoking includes:
(a) carrying or holding a lighted pipe, cigar or cigarette of any kind or any
other lighted smoking equipment or device;
(b) lighting a pipe, cigar, or cigarette of any kind or any other smoking
equipment or device; or
(c) emitting or exhaling the smoke of a pipe, cigar, or cigarette of any kind or
any other smoking equipment or device.
(4) Bar. A bar is an establishment that is dedicated predominately to the serving of
alcohol rather than food.
ORDrNANCE NO. Page 3
(5) Bar area. A bar area is an area physically separated from a food serving area
dedicated predominately to the serving of alcohol rather than food.
(6) Tobacco specialty shop means any establishment that is dedicated to the sale or
rental of tobacco, tobacco-related products and accessories for consumption or use
on or off the premises and more than 60% of the revenues must come from the
sale or rental of tobacco and tobacco-related products.
Workplace means an enclosed area in which employees work or have access
during the course of their employment.
B. Offense; Penaltv.
(1) A person commits an offense if the person smokes at a public meeting, in a public
place, in a workplace or in any other enclosed, indoor area in which "no smoking"
signs are conspicuously posted by the person in charge, and the person is not in an
area designated as a smoking area under Subsection C below.
(2) It shall be an affirmative defense to the application of provision (1) of this
subsection that the person is smoking:
(a) as an actor or actress in a theatrical performance; or
(b) at a tobacco specialty shop.
Smoking shall be allowed and smoking signs are not required to be posted by the person in
charge under Subsection C when smoking is permitted by Subsection B(2)a and B(2)b. Smoking
is not allowed at anv public meeting, in any public place. or in a workplace unless specificallv
permitted by Subsectioil B(2)a and B(2)b.
C. Designation of No Smoking and Smoking Areas
(1) The person in charge shall designate the following areas as "non-smoking":
(a) food order areas, cashier areas, check-out lines for stores;
(b) City library;
(c) elevators;
(d) City and school buses, including associated terminals;
(e) restrooms;
(f) movie theaters, hospitals, and rest home facilities;
(g) all other public places including restaurants, cafeterias, bars, bar areas; and
(h) workplaces.
ORDINANCE NO. Page 4
(i) within a ten feet (10') radius of bars and bar areas entry ways;
('j) within a twenty feet (20') radius of the entry ways of all other pGblic
places or workplaces
(2) Smoking areas shall not be designated to cover areas in provisions (l)(a) through
(l)(i) of this subsection. It is not required that any smoking areas be designated.
(1) The person in charge of a public place or workplace shall place signs visible at
each entrance of the building to notify persons entering that smoking is prohibited
or that smoking is prohibited except in areas designated as smoking areas.
(2) The person in charge shall conspicuously post signs in areas designated as a
smoking area that smoking is permitted in the area.
E. Facilities to Extinguish Smoking Material
All public places shall be equipped for extinguishments of smoking materials. Facilities
for extinguishments of smoking materials that are located in areas of public places other
than designated smoking areas shall be accompanied by clearly visible signs, stating "no
smoking".
F. Ownerfoperator Responsible
A person commits an offense if he is the owner, operator, manager or an employee of an
establishment and he intentionally permits or fails to make a reasonable effort to prevent
smoking in a "no smoking" area.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 7, "HEALTH AND SANITATION", OF THE
CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY
AMENDING SECTION 9, "TOBACCO PRODUCTS AND SMOKING", AS SET OUT
BELOW; 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 Chapter 7, Section 9, of the Code of Ordinances of the City of College
Station, Texas, be amended as set out in Exhibit "A", attached hereto and made a
part of this ordinance for all purposes.
PART 2: That if any provisions of any section of this ordinance shall be held to be void or
unconstitutional, such holding shall in no way effect the validity of the remaining
provisions or sections of this ordinance, which shall remain in full force and
effect.
PART 3: That any person, firm, or corporation violating any of the provisions of this
chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof
shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor
more than Two Thousand Dollars ($2000.00). Each day such violation shall
continue or be permitted to continue, shall be deemed a separate offense. Said
Ordinance, being a penal ordinance, becomes effective ten (10) days after its date
of passage by the City Council, as provided by Section 35 of the Charter of the
City of College Station.
PASSED, ADOPTED and APPROVED this 9th day of November, 2009.
APPROVED:
MAYOR
ATTEST:
City Secretary
APPROVED:
City Attorney
ORDINANCE NO.
EXHIBIT "A"
Page 2
SECTION 9: TOBACCO PRODUCTS AND SMOKING
A. Definitions
(1) Public Meeting means a meeting required to be open to the public under TEX.
GOVT. CODE, Chapter 551.
(2) Public Place means an enclosed, indoor area to which the public has access and
includes, but is not limited to the following:
(a) the common areas of a retail store, office, grocery store, or other
commercial establishments;
(b) a restaurant or cafeteria;
(c) a public or private or secondary school;
(d) a public or private institution of higher education;
(e) a hospital or nursing home;
(f) an elevator;
(g) City and school buses;
(h) City building, owned or leased by the City and used for City purposes;
(i) an enclosed theater, auditorium, movie house, or arena;
('j) a courtroom or a jury waiting or deliberation room; or
(k) bar or bar area
(3) Smoke or smoking includes:
(a) carrying or holding a lighted pipe, cigar or cigarette of any kind or any
other lighted smoking equipment or device;
(b) lighting a pipe, cigar, or cigarette of any kind or any other smoking
equipment or device; or
(c) emitting or exhaling the smoke of a pipe, cigar, or cigarette of any kind or
any other smoking equipment or device.
(4) Bar. A bar is an establishment that is dedicated predominately to the serving of
alcohol rather than food.
ORDINANCE NO. Page 3
(5) Bar area. A bar area is an area physically separated from a food serving area
dedicated predominately to the serving of alcohol rather than food.
(6) Tobacco s~ecialty shop means-any_espblis&nt that l~ddicated to sale or
rental of tobacco, tobacco-related products and accessories for consumption or
use on or off the premises and more than 60% of the revenues must come from
the sale or rental of tobacco and tobacco-related products.
(7) Workplace means an enclosed area in which employees work or have access
during the course of their employment.
Hookah bar means a bar.in which the on-site sales or rentals of hookah tobacco
products a.n~,.,s,mo.king accessories.. forco.ns,~mptionor.use..,on ,the p.r.e.mi.ses
exceeds?Q%.of gross.. revenues.
B. Offense; Penaltv.
(1) A person commits an offense if the person smokes at a public meeting, in a public
place, in a workplace or in any other enclosed, indoor area in which "no smoking"
signs are conspicuously posted by the person in charge, and the person is not in an
area designated as a smoking area under Subsection C below.
(2) It . sha!!. ..be an affk~tive defens.e to the application of provision ( 1) of this
subsection that the person is smoking:
(a) as an actor or actress in a theatrical performance; or
(b) at a tobacco specialty shop; or
Smoking shall be allowed and smoking signs are not required to be posted by the person in
charge under Subsection C when smoking is permitted by Subsection B(2)a and B(2)b. Smoking
is not allowed at any publlc meeting, in any public place, or in a workplace unless specifically
permitted by Subsection B(2)a and B(2)b and B(2)c.
C. Designation of No Smoking and Smoking Areas
(1) The person in charge shall designate the following areas as "non-smoking":
(a) food order areas, cashier areas, check-out lines for stores;
(b) City library;
(c) elevators;
(d) City and school buses, including associated terminals;
(e) restrooms;
ORDINANCE NO.
(f) movie theaters, hospitals, and rest home facilities;
(g) all other public places including restaurants, cafeterias, bars, bar areas;
and
(h) workplaces.
(i) within a ten feet (10') radius of bars and bar areas entry ways;
(j) within a twenty feet (20') radius of the entry ways of all other public
places or workplaces
(2) Smoking areas shall not be designated to cover areas in provisions (l)(a) through
(1)Q) of this subsection. It is not required that any smoking areas be designated.
D. Signs
(1) The persoiin-charge of a public place or workplace shall place signs visible at
each entrance of the building to notify persons entering that smoking is prohibited
or that smoking is prohibited except in areas designated as smoking areas.
(2) The person in charge shall conspicuously post signs in areas designated as a
smoking area that smoking is permitted in the area.
E. Facilities to Extinpuish Smoking Material
All public places shall be equipped for extinguishments of smoking materials. Facilities
for extinguishments of smoking materials that are located in areas of public places other
than designated smoking areas shall be accompanied by clearly visible signs, stating "no
smoking".
F. OwnerIO~erator Responsible
A person commits an offense if he is the owner, operator, manager or an employee of an
establishment and he intentionally permits or fails to make a reasonable effort to prevent
smoking in a "no smoking" area.
November 9, 2009
Regular Agenda Item No. 2
UDO Amendment - Parking Lot Screening
To : Glenn Brown, City Manager
From: Bob Cowell, AICP, Director of Planning & Development Services
Agenda Caption: Public hearing, presentation, possible action, and discussion on an
ordinance amending Chapter 12, "Unified Development Ordinance," Section 7.9, "Non-
Residential Architectural Standards," of the Code of Ordinances of the City of College Station
as it relates to parking lot screening.
Recommendation(s): -the Planning and Zoning Commission unanimously
recommended approval of the amendment at their meeting on September 17, 2009. Staff
also recommended approval.
Summary: The proposed ordinance amendments are intended to modify the requirements
for parking lot screening required in conjunction with the Non-Residential Architectural
Standards.
In 2008, the City Council requested information relating to the Non-Residential Architectural
Standards. During that discussion, the Council directed Staff to develop requirements for
the use of berms for parking lot screening. In July, 2009, Staff brought forward an
amendment to the Planning and Zoning Commission for review that would require berms be
used as parking screening for Non-Residential building plots with more than 20,000 s.f. of
gross building area.
Although the original ordinance was recommended for approval, 5-1, by the Commission, a
number of concerns were raised during the discussion about prohibiting other landscaped
parking screening options. Staff revised the ordinance to add incentives to utilize berms
over other methods, but took out restrictions from utilizing other parking screening methods
when certified by a landscape professional to meet the screening requirement. Additionally,
other alternatives may be considered when designed by a registered Landscape Architect.
The ordinance also contains provisions for flexibility in the design of berms by allowing half-
berms with retaining walls, as well as flexibility for redeveloping sites or sites that utilize
tree preservation. No changes were made to the requirement for building plots greater than
150,000 s.f. which requires a berm be used for parking screening without exception.
Ordinance summary:
1. Requires the use of berms for parking screening unless landscaping points are
doubled, and method of screening is certified by a landscape professional to provide
solid screening of parking
2. Allows the use of half-berms
3. Allows for alternative design of berms to preserve existing trees
4. Allows alternative design by registered Landscape Architect.
Budget & Financial Summary: N/A
Attachments:
1. Planning and Zoning Commission Meeting Minutes, September 17, 2009
2. Ordinance
MINUTES
PLANNING AND ZONING COMMISSION
Regular Meeting
September 17, 2009, 7:00 p.m.
City Hall Council Chambers
11OlTexasAvenue
College Station, Texas
COMMISSIONERS PRESENT: Chairman John Nichols, Paul Greer, Mike Ashfield, and
Hugh Stearns
COMMISSIONERS ABSENT: Scott Shafer and Tom Woodfin
CITY COUNCIL MEMBERS PRESENT: Katy-Marie Lyles
CITY STAFF PRESENT: Senior Planners Jennifer Prochazka and Lindsay Kramer, Staff
Planners Lauren Hovde and Matthew Hilgemeier, Graduate Civil Engineer Erika Bridges, Senior
Assistant City Engineer Carol Cotter, Greenways Program Manager Venessa Garza,
Transportation Planning Coordinator Joe Guerra, Planning Administrator Molly Hitchcock,
Assistant Director Lance Simms, Director Bob Cowell, First Assistant City Attorney Carla
Robinson, Action Center Representative Carrie McHugh, and Staff Assistant Brittany Caldwell
1. Public hearing, presentation, possible action, and discussion on an amendment to the
Unified Development Ordinance, Section 7.9, Non-Residential Architectural Standards
related to parking lot screening. Case #09-00500077 (LK)
Lindsay Kramer, Senior Planner, presented the ordinance amendment to the Non-
Residential Architectural Standards related to parking lot screening.
There was general discussion regarding the ordinance amendment.
Chairman Nichols opened the public hearing
No one spoke during the public hearing.
Chairman Nichols closed the public hearing.
Commissioner Slack motioned to recommend approval of the ordinance
amendment. Commissioner Greer seconded the motion, motion passed (5-0).
September 17,2009 P&Z Regular Meeting Minutes Page 1 of 1
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 12, "UNIFIED DEVELOPMENT ORDINANCE,"
SECTION 7.9, "NON-RESIDENTIAL ARCHITECTURAL STANDARDS," OF THE CODE OF
ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN
SECTIONS AS SET OUT BELOW; 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 Chapter 12, "Unified Development Ordinance," Section 7.9, "Non-Residential
Architectural Standards," of the Code of Ordinances of the City of College Station,
Texas, be amended as set out in Exhibit "A", "B", "C". and "D", attached hereto and
made a part of this ordinance for all purposes.
PART 2: That if any provisions of any section of this ordinance shall be held to be void or
unconstitutional, such holding shall in no way effect the validity of the remaining provi-
sions or sections of this ordinance, which shall remain in full force and effect.
PART 3: That any person, firm, or corporation violating any of the provisions of this chapter shall
be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a
fine of not less than Twenty-five Dollars ($25.00) nor more than Two Thousand Dollars
($2,000.00). Each day such violation shall continue or be permitted to continue, shall be
deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective
ten (10) days after its date of passage by the City Council, as provided by Section 35 of
the Charter of the City of College Station.
PASSED, ADOPTED and APPROVED this 9'" day of November, 2009.
APPROVED:
MAYOR
ATTEST:
City Secretary
APPROVED:
City Attorney
ORDINANCE NO.
EXHIBIT "A"
Page 2
That Chapter 12, "Unified Development Ordinance," Section 7.9.B, "Non-Residential Architectural
Standards, Standards for all Non-Residential Structures," of the Code of Ordinances of the City of
College Station, Texas, is hereby amended by amending the NRA Summary Table to read as follows:
NRA SUMMARY TABLE
Fa~ade Standards P P I B I I 'E
BUILDING MA
2 elements of architectural
relief every 45 feet
2 elements of architectural I InI
relief everv 60 feet I In/
BUILDING I
No more than 66% of
roofline at same elevation R
Brick, stone, marble,
granite, tile or specified
i & DESIGN
R
R
R from concrete product ROW
10%
10% R if
visible
75% rnax Stucco, EIFS, specified
concrete product
R, no
more
than
33% on
same
plane
R
10% R
if visible
from from from
ROW ROW
25% R
75% max; 100%
allowed w/ 2
colors, if under
5, 000 s.f.
I standing seam metal, 1 premium grade I
25010
Wood or cedar siding
Smooth face, tinted
concrete blocks
Reflective glass
Stainless steel, chrome,
20% rnax
R
1 0 O/o
required
if visible
30% max
10% rnax
rnax
R, no
more
than
33% on
same
plane
R
I 10°/oR
architectural metal
Painted panel siding
and galvanized steel
R
50% R
Rear of building only if not visible from ROW, parkland, greenway, or residences
if visible
ORDINANCE NO. Page 3
R = Required
* = A fa~ade is considered to be "facing public right-of-way" when an imaginary plane could be
extended unobstructed by a wall or structure from at least 25% of the fa~ade into the public
right-of-way adjacent to the building plot. For the purposes of this section, public rights-of-way
shall include all forms of passageways (such as streets, sidewalks, and bike paths) dedicated or
deeded to the public for public use.
** = When a property does not have frontage on a public right-of-way, the primary entrance fa~ade
of the building(s) will meet the standards of a "fa~ade facing a public right-of-way." *** Required when berms are not used for parking lot screening.
ORDINANCE NO.
EXHIBIT "B"
Page 4
That Chapter 12, "Unified Development Ordinance," Section 7.9.D, "Non-Residential Architectural
Standards, Additional Standards for 20,000 S.F. or Greater," of the Code of Ordinances of the City of
College Station, Texas, is hereby amended to read as follows:
D. Additional Standards for 20,000 S.F. or Greater
In addition to the standards set out in Section 7.9.B, the following shall apply to any
single building or combinations of buildings of 20,000 gross square feet in area, whether
connected or not, but determined to be a single building plot.
1. Building Material
Any fa~ade facing a public right-of-way shall have a minimum of twenty-five
percent (25%) (calculation shall be based on the area of the first two (2) stories of
any single building(s) fa~ade) brick, stone, marble, granite or a material fabricated
to simulate brick or stone (not split-face concrete masonry).
2. Parking Screening
The following options are allowed as parking lot screening methods:
a. Screening methods allowed in 7.5, Landscaping, except berms, provided that
1) The minimum landscape points for a site shall be double (2 x minimum
landscape points), and
2) The screening method utilized will create a solid hedgerow or completely
screen the parking to a height of 3-feet. If vegetated, the screening must
be a minimum of 24-inches at planting and reach 36-inches within one
(1) calendar year of planting, and such method is certified to meet these
requirements by a registered Landscape Architect, landscape designer, or
landscape contractor.
b. Berms with a minimum height of 3-feet as measured from the parking lot
pavement, and a maximum slope of 1:3. Berms may be designed around trees
that are barricaded for tree preservation in accordance with 7.5, Landscaping.
Where there will be gaps in berm screening for the preservation of existing
trees, alternative screening methods shall be used in accordance with Section
7.5, Landscaping to meet the minimum 3-foot screening requirement.
c. Half-berms with a minimum height of 3-feet as measured from the parking lot
pavement, and a maximum allowable slope of 1:3. Retaining walls shall be
designed to face the parking lot and sidewalks located between the retaining
wall and right-of-way may not be closer than 3-feet to the top of a retaining
wall.
d. For redeveloping sites maintaining existing parking lot perimeters, the
Administrator may authorize the use of masonry walls, or lower the minimum
berm height to a height that may be safely maintained in the existing parking
setback when additional parking lot screening is provided in accordance with
Section 7.5, Landscaping. The cumulative height of plant material and berm
shall be a minimum of 3-feet.
e. Variations to the requirements of this Section may be approved if the
landscape/streetscape plan is sealed by a registered Landscape Architect and
approved by the Administrator. Such plans must show reasonable evidence
that the requirements, as set forth in this Section and Section 7.5,
Landscaping, were used as a guide.
ORDINANCE NO.
EXHIBIT "C"
Page 5
That Chapter 12, "Unified Developnlent Ordinance," Section 7.9.E, "Non-Residential Architectural
Standards, Additional Standards for 50,000 S.F. or Greater," of the Code of Ordinances of the City of
College Station, Texas, is hereby amended by amending Parking Screening to read as follows:
5. Parking Screening
a. The following options are allowed as parking lot screening methods
b. Screening methods allowed in 7.5, Landscaping, except berms, provided that
the screening method utilized will create a solid hedgerow or completely screen
the parking to a height of 3-feet. If vegetated, the screening must be a
minimum of 24-inches at planting and reach 36-inches within one (1) calendar
year of planting, and such method is certified to meet these requirements by a
registered Landscape Architect, landscape designer, or landscape contractor.
c. Berms with a minimum height of 3-feet as measured from the parking lot
pavement, and a maximum slope of 1:3. Berms may be designed around trees
that are barricaded for tree preservation in accordance with 7.5, Landscaping.
Where there will be gaps in berm screening for the preservation of existing
trees, alternative screening methods shall be used in accordance with Section
7.5, Landscaping to meet the minimum 3-foot screening requirement.
d. Half-berms with a minimum height of 3-feet as measured from the parking lot
pavement, and a maximum allowable slope of 1:3. Retaining walls shall be
designed to face the parking lot and sidewalks located between the retaining
wall and right-of-way may not be closer than 3-feet to the top of a retaining
wall.
e. For redeveloping sites maintaining existing parking lot perimeters, the
Administrator may authorize the use of masonry walls, or lower the minimum
berm height to a height that may be safely maintained in the existing parking
setback when additional parking lot screening is provided in accordance with
Section 7.5, Landscaping. The cumulative height of plant material and berm
shall be a minimum of 3-feet.
f. Variations to the requirements of this Section may be approved if the
landscape/streetscape plan is sealed by a registered Landscape Architect and
approved by the Administrator. Such plans must show reasonable evidence that
the requirements, as set forth in this Section and Section 7.5, Landscaping,
were used as a guide.
ORDINANCE NO.
EXHIBIT "D"
Page 6
That Chapter 12, "Unified Development Ordinance," Section 7.9.F, "Non-Residential Architectural
Standards, Additional Standards for 150,000 S.F. or Greater," of the Code of Ordinances of the City of
College Station, Texas, is hereby amended by amending 7.9.F.4 to read as follows:
4. All parking areas must be screened from the public right-of-way using berms without
exception.
November 9, 2009
Regular Agenda item No. 3
McCullough-Olden Unit, Well #lRE - Oil and Gas Operations Permit
To : Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Public hearing, presentation, possible action and discussion regarding
an Oil and Gas Operations Permit for the McCullough-Olden Unit, Well #IRE as requested by
the operator, EnerVest Operating, LLC. of Houston, Texas.
Recommendation(s): The Project Review Committee, comprised of the Planning and
Zoning Commission Chair, the City Engineer, and the Director of Planning and Development
Services, met on October 5, 2009 and recommends denial of the permit.
Summary: The McCullough-Olden Unit Well #IRE is the re-entry of a pre-existing well
bore is located at the corner of William D. Fitch and Williams Creek Drive. The original well
was permitted in 1993 as a "Rural" classification well. Based on the encroachment by
development the re-entry of this well is classified as 'High Impact". High impact means any
residential, administrative, professional, or commercial neighborhood zone where there is
an existing residential, administrative, professional, or commercial neighborhood use in the
area of the proposed oil or gas operation.
Access to the site during drilling operations will be from the existing private access drive
coming off William D. Fitch. Access to the site during production will be from a proposed
private access road off Williams Creek Drive.
The Project Review Committee concurred with the attached City Engineer's Report which
detail the permit application deficiencies in regard to the associated requirements outlined
in the Chapter 4: Business Regulations, Section: Oil and Gas Regulations.
Per the ordinance, the City retained CSC Engineering & Environmental Consultants, Inc., a
third party consultant, to evaluate the public impact of the proposed activity. The applicant
is responsible for the consultant's fee of $4,752.11 per the ordinance. The consultant's
findings were provided to the applicant and incorporated into the City Engineer's Report to
the Project Review Committee.
Note this item was originally scheduled for the October 19, 2009 City Council Meeting.
However, due to a meeting time inaccuracy in the public notices this item was rescheduled
for subject meeting.
Budget & Financial Summary: N/A
Attachments:
1. Vicinity Map
2. Resolution
3. Exhibit A - Application (available at City Engineer's Office)
4. Exhibit B - Location Map
5. Exhibit C - Indemnity Bond (available at City Engineer's Office)
6. City Engineer Report to Project Review Committee
7. Draft Permit
8. Report of Impact Assessment (available at City Engineer's Office)
1 inch = 5.000 feet
RESOLUTION NO.
A RESOLUTIOIV OF THE CITY COUlVCIL OF THE CITY OF COLLEGE STATIOIV, TEXAS
GRANTING AN OIL AND GAS HIGH IMPACT PERMIT FOR THE McCULLOUGH-
OLDEN UNIT, WELL NO. I-RE AT THE CORNER OF WILLIAM D. FITCH AND
WILLIAMS CREEK DRIVE, AND LOCATED WITHIN THE CITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of College Station, Texas, has reviewed an application
for an Oil & Gas Rural Permit ("Permit") submitted by Enervest Operating, LLC for the
McCullough-Olden Unit, Well No. 1 -RE; and
WHEREAS, Council has reviewed the Project Review Committee report and other related
information relating to the afore-described proposed rural gas well located at the comer of
William D. Fitch and Williams Creek Drive within the City of College Station (the "City"); and
WHEREAS, pursuant to Chapter 4, Section 13.J Council is required to make certain findings and
determinations in granting a permit for an oil and gas operations located within the City; and
WHEREAS, the City Council of the City of College Station, Texas, now desires to make such
determinations and to grant such permit; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That the City Council hereby acknowledges receipt of an application, Project
Review Committee report and other related information relating to an Oil and
Gas Rural Permit to Enervest Operating, LLC for the McCullough-Olden Unit,
Well No. 1-RE located at the comer of William D. Fitch and Williams Creek
Driven. A copy of such paperwork and the exact location of said proposed well
are attached hereto as Exhibits "A" and "B", respectively.
PART 2: That the City Council hereby inakes the following determinations with respect to
said proposed Permit:
1. That the following amount and type of security instrument has been issued:
a bond rider to an Indemnity Bond, on behalf of applicant, in favor of the
City in a total amount of FOUR HUNDRED FIFTY THOUSAND AND
N/100 DOLLARS ($450,000.00) attached hereto as Exhibit "C";
2. That the operations proposed under the Pennit are reasonable under the
circumstances and conditions prevailing in the area;
3. That the operations proposed under the Permit are consistent with the health;
safety, and welfare of the public when and if conducted in accordance with
the permit conditions to be imposed; and
4. That the impact upon adjacent property and the general public of operations
conducted in compliance with the Permit conditions are reasonable and
justified, balancing the following factors:
RESOLUTION NO. Page 2
(1) The riglzt of the owiier(s) of the mineral estate to explore,
develop, and produce the minerals.
(2) The availability of alternate drill sites, both presently and at
other times during the lease term.
(3) The date of acquisition by the various owners of the surface
and mineral estates.
PART 3 : That based upon the above the City Council hereby grants said Permit and
authorizes the City Manager or his designee to talte any and all reasonable action
to issue same.
PART 4: That this resolution shall talte effect immediately from and after its passage.
ADOPTED this day of , A.D. 2009.
APPROVED:
MAYOR
ATTEST:
APPROVED:
EXHIBIT A
APPLICATION FOR PERMIT
TO CONDUCT OPERATIONS FOR THE DISCOVERY AND PRODUCTION
CIIY or: COLLEGE S.liu ION
OF OIL, GAS, AND ASSOCIATED HYDROCARBONS WITHIN THE
IU,,,,~;,~~ BD~oulopmo,r Soizitr., CITY OF COLLEGE STATION, TEXAS
(ORDINANCE NO. 191 6, OCTOBER 10, 1991)
ORIGINAL $2,000 [XI RURAL
Ll RBAN
HIGH IMPACT [XI
SEISMIC
Please provide the following information for your permit request:
1. Applicant's name and address.
Enervest Operating, LLC
1001 Fannin Street, Suite 800
Houston, TX 77002-6707
2. Name and address of drilling company.
Nabors Drilling USA LP
515 West Greens Road, Suite 1000
Houston, TX 77067
3. Name and address of Operator.
Enervest Operating, LLC
1001 Fannin Street, Suite 800
Houston, TX 77002-6707
4. Proposed name of well.
McCullough-Olden Unit Well No. 1-RE
5. Proposed depth of well.
Enervest Operating, LLC intends to drill a re-entry well, thc McCullough-Olden
Unit Well No. 1-RE and drill a 4628' updip lateral (ST# 04) to depth of 12,500' i11
the Giddings Austin Chalk Gas Field.
6. Location and description of all improvements and structures within one thousand (1000 ft)
of the well.
Please refer to attached Exhibit "A".
9. Site plan of proposed operation, showing location of all improvements and equipment. (13
copies)
Please refer to attached Exhibit "A" 6r. "B".
8. Area Map showing proposed transportation route and roads for equipment, chemicals, or
waste products used or produced by the oil or gas operation, and all natural features of
the site. (1 3 copies)
Please refer to attached Exhibit "C".
McCullough-Olden - Permit Application
EXHIBIT A
9. Description of type, kind, size and amount of major equipment used before completion
and re-working.
Please refer to attached Exhibit "D".
10. Description of surface equipment after drilling and completion.
Please refer to attached Exhibit "A" & "E".
11. Well surface casing and cementing program.
Please refer to attached Exhibit "F".
12. Copies of Railroad Commission forms and drilling permit.
Please refer to attached Exhibit "G".
13. Security instrument consisting of an irrevocable letter of credit, indemnity bond, or
certificate of deposit, as required by this ordinance and in an amount determined by the
City Council within 30 days after Council approval.
Enervest Operating LLC is committed to providing the required security
instrument in the amount determined by the City Council within 30 days after
Council approval of this permit application.
14. Name of representative with supervisory authority over all oil or gas operation site
activities and phone number where he can be reached twenty-four (24) hours a day.
Dean Broussard - Operations Superintendent
6933 N. US Hwy 77
La Grange, TX 78945
979-255-3048
15. Legal description of the property to be used for the oil or gas operation, the parcel, and
the production unit (plat description or metes and bound bearings) and name of the
geologic formation as used by the Railroad Commission. Property recorded by plat
should reference subdivision, block and lot numbers.
Legal description: 62.37 acre tract - Parcel 1, Vol. 8479, Pg. 93, of the Official
Records of BI-azos County, Texas,, located in the Nathan Clampitt Survey, A-90 and
in the S. W. Robertson Survey, A-202, College Station, Brazos County, Texas. Tax
Parcel # R300813 (see site plan plat - Exhibit "A" for additional information).
Giddings Austin Challc Gas Field.
16. Mineral Lessee name and address.
Carol McCullough Anderson Jean McCullough Stephen
2504 River Forest Drive 2514 Memorial Drive
Bryan, TX 77802 Bryan, TX 77802
17. Surface owner name and address.
Carol McCullough Anderson and Fred G. Anderson Jean Stephen Family No. Two L.P.
2504 River Forest Drive 2514 Memorial Drive
Bryan, TX 77802 Bryan, TX 77802
McCullough-Olden - Permit Application Page 2 of 4
EXHIBIT A
18. Name and address of an individual representing the ownerlapplicant designated to receive
notice.
Fred Deitsch
615 E. Blue Bell Rd.
Brenhanl, 'X 77833
19. Evidence of insurance information as required by Ordinance No. 191 6.
(a) Commercial General Liability $500,000
(b) Automobile Liability $500,000
(c) Worker's Compensation $1 00,000
Please refer to attached Exhibit "H".
20. Survey of production unit at a scale of 1 per 300 or greater by a Texas certified surveyor
including:
(a) Lengths and bearings of all boundary lines for production.
(b) Exact acreage of the production unit.
(c) Exact location of the well within production unit with distances of a minimum of two
adjacent boundary line of the production unit.
(d) Length of maximum diagonal within the production unit.
Please refer to attached Exhibit "I"(2 pages).
21. Owner and address of each parcel of property within one thousand feet (1000') of the
proposed drill site.
Please refer to attached Exhibit "J".
22. Copies of all reports required by the Department of Water Resources and Commission.
Please refer to attached Exhibit "I<".
23. Statement under oath signed by applicant that the information submitted in the application
is true and correct.
"I, Lloyd Bruce, Operations Manager, Western Division, do hereby affirm that the
information submitted in and attached to the Application for Permit to Conduct
Operations for the Discovery and Production of Oil, Gas and Associated
Hydrocarbons within the City of College Station, Texas, for the Application of
Permit, is true and correct."
Date: B/?/o 9
Westein Division
STATE OF TEXAS 8
COUNTY OF HARRIS 5
Swoin to and subscribed before me this
Lloyd Biuce, who is personally known tc
~<~~&-Sl:Tiiiiii&51S
FRED DRITi:Ci4
No!a,y Public, State 21 kxas
-?& day of
Notaiy Public in hQd for the
-, 2009, by the above
State of Texas
McCullough-Olden - Permit Application Page 3 of 4
EXHIBIT C
BOND RIDER NO. 2
Attaching to and forming part of Indemnity Bond No. RLB0011114, executed January 3,
2008, on behalf of EnerVest Operating, LLC as Principal, in favor of the City of College
Station as Obligee, in the amount of FOI-I~ Hundred Fifty Thousand and No/100 Dollars
($450,000.00).
It is understood and agreed that effective April 17, 2009, the following well list is 1
amended as attached. !
All other conditions and terms to remain as originally written or previously amended by
rider.
Signed, sealed and dated this 17~~ day of April 2009.
EnerVest Operatinq, LLC
Principal
By:
Mark Houser - President
RLI Insurance Company
8 Greenway Plaza, Suite 400
Houston, TX 77046
Surety
By: Pea-. orf-
Paul M. O'Sullivan, Attorney-in-Fact
EXHIBIT C
~~~0011114
RLI Surety
A divislon of RLI Insurance Company POWER OF ATTORNEY
RLI Insurance Company
Know All Men by These Presents:
That the RLI INSUWYCE COFIPANY, a corporation organized and existing under the laws of the State of Illinois, and authorized and licensed
to do business in all states and the District of Columbia does hereby rnalte, constitute and appoint: PAUL M. O'SULLIVAN
in the City of HOUSTON , State of TEXAS , as Attorney-in-Fact, with full power and authority hereby conferred upon him to sign,
execute, acknowledge and deliver for and on its behalf as Surety and as its act and deed, all of the following classes of documents to-wit:
$450,000.00
Indemnity, Surety and Undertakings that may be desired by contract, or may be given in any action or proceeding in any court of law
or equity; policies indemnifying employers against loss or damage caused by the mi'sconduct of their employees; official, bail and
surety and fidelity bonds. Indemnity in all cases where indemnity may be lawfully given; and with full power and authority to
execute consents and waivers to modify or change or extend any bond or document executed for this Company, and to compromise
and settle any and all claims or demands made or existing against said Company.
The RLI INSURANCE COMPANY further certifies that the following is a true and exact copy of a Resolution adopted by the Board of
Directors of RLI Insurance Company, an~l now in force to-wit:
"All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate
name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers
as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may
appoinl Attorneys-in-Pact or Agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers-of-Attorney, or other obligations of
the corporation. 'The signature of any such officer and the corporate seal may be printed by facsimile."
(Blue shaded areas above indicate authenticity)
IN LVITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its PRESIDENT with its
corporate seal affixed this
On this 17day of 2009 before me, a Notary Public, personally appeared Michael 1. Stone and lean M. Stephenson, who heing by me
duly sworn, acknowledged that they signed the above Power of Attorney as President and Corporate Secretary, respectively, of the said RLI INSURANCE
COMPANY, and acknowledged said instrument to be the voluntary act and deed of said corporation.
Notary Public
"OFFICIAL SEAL"
CHERIE 1. MONTGOMERY
EXHIBIT C
Well List
Indenmity Bond - City of College Station (5109 - 511 0)
Akin-Foxfire 1
Akin, J.M. 1
Borislcie-Diversified Unit 1
Brazos Coal Ltd-Raceway Unit 1
Brazos Coal Ltd-Terry "B" Unit IRE
Brazos Coal Ltd-Terry "C" Unit 1
Felix "K" Unit 1
Freeman-Creagor Unit 1
Jones et al, Eugenia 1
Kinman 1
McCullough-McCullough Unit 1
McCullough-Olden Unit 1
McCulloug11-Tei~y Unit 1
Olden-Olden Unit 1
Olden-Paul1 Unit 1
Ritchey, W.S. #1
Terry Unit, H.L. 1
Terry-Terry Unit 2
Thompson-Marsh Unit 1
Waltman 1
Permit #
94-000 1
Not assigned
93-806
Not assigned
99-807
92-8 19
93-801
93-826
91-804
Not assigned
92-805
93-804
93-803
9 1-822
92-8 13
93-820
93-809
08-400001
93-81 1
940W05
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I I
I
m5: KUNG ENGINEERING & SURMnNG
BRYAN. TEXAS
OIL & GAS OPERATIONS PERMIT APPLICATION
CITY ENGINEER'S REPORT TO PLAN REVIEW COMMITTEE (PRC)
ADNIINSTRATIVE INFORMATION
DATE:
CASE FILE NO.
WELL NAME:
APPLICANT:
DRILLING COMPANY:
WELL CLASSIFICATION:
LOCATION:
DEPTH:
ACCESS:
9/23/09
09-40002
McCullough-Olden Well Unit #I RE
EnerVest Management Partner, Ltd., Houston, Texas
Nabors Drilling USA, LP, Houston, Texas
High Impact Classification, 1 each Vertical/Horizontal Wells
Surface - corner of William D. Fitch and Williams Creek Drive
ST#04, 4628' updip lateral to depth of 12,500'
Drilling - From William D. Fitch on an existing 12' private access road
Production - From Williams Creek Drive on proposed 20' private access
road (proposed route)
PRC REVIEW ITEMS
REQUIRED PERMITS ISSUED:
Application Fee
Legal Consultant
Technical Consultant
Texas Railroad Commission (Drilling Permit)
TCEQ (Ground Water to be Protected)
FAA (Hazard to Aviation Determination)
Airport Zoning Board Height Variance
Drainage Development Permit
Driveway Access Permit
Insurance Certificates
a. Alternate well location due to adjacent land uses.
Not applicable due to well being a re-entry of an existing well. The well site is located on a currently
permitted location. The drilling operation is the re-entry of an existing well bore. The well site is located
within 1,000' of 7 private residences and 1 future residential site. The applicant proposes to increase
the size of the well site from 1.8 acres to 2.45 acres. No provisions or options have been presented for
relocation of the site.
YES
X
X
X
X
X
b. Air pollution control devices.
The drilling rig has industry standard air pollution control devices installed.
NO
X
c. Noise and light control.
NOTREQUIRED
X
X
X
X
Noise continuation shall be provided, as necessary, to limit noise exposure at the nearest residence to
72dBA continuous.
Lights shall be orientated as to minimize the impact on residential areas.
Site development other than drilling shall be conducted only between 7:00 a.m. and 7:00 p.m.
d. Type of pump engine.
Electric
e. Height of pump equipment.
30 feet
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f. Fire control measures, as required by this Ordinance.
Permittee shall erect and maintain signs which identify the well by name, the operator, his address
and a 24 hr emergency contact phone number at the well site and at the intersection of the well site
access road and the public street.
The College Station Fire Department will provide emergency response and limited fire fighting
services.
g. Fence andlor visual screening, as required by this Ordinance.
If the drilling site is not occupied by the applicant or drilling company during the entire drilling period (24
hoursl7days a week), security fencing will be required during drilling operations.
Provide six-foot solid screen fence around the perimeter of the site as per Chapter 4 of the Code of
Ordinance, Section 13 Oil and Gas Well Regulations.
h. Landscaping, as required by this Ordinance.
Provide a landscape plan according to site area and requirements of Chapter 12 of the Code of
Ordinances (Unified Development Ordinance), Section 7.5 Landscaping and Tree Protection. The
plantings are to be disbursed around the perimeter of the site. Also in accordance with this Section,
provide irrigation for the proposed landscaping.
i. Proof of contractual responsibilities of pump site and storage site maintenance.
Not addressed in the application
j. Safety procedures.
See Report of Impact Assessment for EnerVest's McCullough-McCullough Unit #I RE for additional
safety requirements and procedures
k. Spill reporting and record keeping.
The operator will notify the City Engineer within 24 hours of an onsite crude 011 spill exceeding 55
gallons or any spill into water that creates a sheen.
Crude oil spills on the ground equal to or greater than 210 gallons or any spill into water that creates a
sheen must be reported to RRC.
The operator shall maintain a monthly inspection log which address on site spills. The copy of said log
will be provided to the City prior to permit annual renewal or when requested by the City..
I. Gas flaring.
Operator shall comply with all Ordinances and Railroad Commission requirements pertaining to flaring
gas. In no event shall the flaring of gas exceed ninety (90) calendar days after completion of the well.
Flare height shall be below treetop level.
Flares shall be placed so the existing trees or manmade structures obstruct the flare from the direct
view of any residence.
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m. Location of storage facilities.
Production and storage tanks shall be contained within earthen berms constructed in accordance with
applicable oil field practice. Berms shall be constructed and maintained to retain not less than 133% of
the capacity of the largest of such tanks.
n. Traffic loads or patterns, proposed street development, as required by this Ordinance, and
ingresslegress of vehicular traffic.
The access drive apron must have and maintain at a minimum, an asphalt surface from the street to
the right-of-way line that conforms to the minimum pavement design as described in the College
Station Standard Specifications for Street Construction.
The remainder of the access drive shall be surfaced with crushed rock, gravel, ore, or oiled and
maintained to prevent dust and mud.
During drilling ingresslegress will be via existing private access road off William D. Fitch.
During production ingresslegress will be via proposed private access road off Williams Creek Drive
Oil tanks shall not park or loadlunload on or adjacent to a street.
o. Water source used during drilling operation.
Pre-existing on site water well. Water zones to be protected are from the surface to a depth of 1250' and
from 2,000' to 2425'. Well surface casing from surface to 3,200'. Ground water is protected.
p. Full line location and route between the well head and storage facilities.
See Application Exhibit E - direct line from well bore to separator
STAFF COMMENTS:
Per the ordinance, this item can be scheduled for the next available Council Meeting which is October
19th. To make this date, the City must give notice to the local newspaper to run a public notice and mail
notices to residences within 1500 feet no later than September 28th. Additionally, this report has been
forwarded to the Project Review Committee (PRC), which is defined as the P&Z Commission Chair,
Planning Director, and City Engineer. This committee will issue an updated report with recommendations
to Council. This likely does not leave time for an application re-submittal and review to achieve a
recommendation of support of the permit. Therefore, for this item to be on the Council October 19th
agenda, the recommendation would currently be for denial due to the listed comments below.
The following Council Meeting is November 12th with a newspaper submittal and mailing deadline of
October 22nd. Five to ten days should be allotted for application re-submittal review ahead of the notice
deadline. Again, a report will follow the PRC meeting and action prior to the Council meeting.
Understanding the above, please re-submit your application and/or request a specific Council Meeting.
1. See: Report of Impact Assessment for included requirements and inclusions that apply
2. Require landowner notification be extended to a radius of 1,500'
3. Require waives from the owner and occupant of all residence within 600' of the well site
4. Require operator to limit light levels near residences below 0.5 fc
5. Proposed production site access needs to be fully addressed, including drivewaylculvert design
and details, etc.; or under separate permit application
6. Proposed site is located within 50' of any street, right of way, alley or utility easement
7. Consultant, public notice, and landowner notification fees must be paid prior to the Public Hearing
at Council
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8. Provide six-foot solid screen fence around the perimeter of the site as per Chapter 4 of the Code
of Ordinance, Section 13 Oil and Gas Well Regulations.
9. Provide a landscape plan according to site area and requirements of Chapter 12 of the Code of
Ordinances (Unified Development Ordinance), Section 7.5 Landscaping and Tree Protection. The
plantings are to be disbursed around the perimeter of the site. Also in accordance with this
Section, provide irrigation for the proposed landscaping.
10. Need a description of fire control measures, as required by Ordinance
11. Need fencing and/or screening plan, as required by Ordinance
12. Need landscapirlg plan , as required by Ordinance
13. Need proof of contractual responsibility of pump site and storage site maintenance
14. Sight vehicle triangle per AASHTO needs to be determined and appropriate vegetation removed
at access apron accordingly.
RECORlllVlEND SECURITY FOR COMPLIANCE WITH PERMIT TERMS AND
ORDINANCE:
A minimum of $25,000 is required for security by the ordinance. A $25,000 Indemnity Bond is on file for
the site.
SCHEDULE FOR COUNCIL ACTION:
City Council Regular Meeting: Publish according to High Impact Classification schedule for
Public Hearing and Council Action October 22, 2009
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HIGH IMPACT
OIL AND GAS PERMIT
ISSUED BY THE CITY OF COLLEGE STATION, TEXAS
PERMITTEE: EnerVest Management Partners, Ltd.
1001 Fannin Street, Suite 800
Houston, Texas 77002-6707
EXPIRATION DATE:
WELL NAIME: McCullough-Olden Unit Well #I RE
PERMIT NO: 09-400002
REGULATION: The City Council of the City of College Station has determined that the testing
and exploration for and development, production and storage of oil, gas, and mineral
hydrocarbons (including enhanced or secondary recovery thereof) within the City limits is an
activity which necessitates reasonable regulations in order that such activities will not cause injury
or property damage to the citizens of the City, and that such activities should conform to the
comprehensive plan and zoning ordinances of the City as far as practicable in order to preserve
the integrity of said ordinances and regulations. The City recognizes that conflicting property
rights exist in the carrying out of such activities, and further recognizes the rights of all property
owners, minerals and otherwise, to the peaceable enjoyment of their property and the benefits
and revenues therefrom.
UNLAWFUL: It shall be unlawful to engage in any activity not permitted by the terms of this
permit and the applicable laws, or to fail to comply with any condition set forth in this permit.
PERlMlT TERMS: This permit is issued in accordance with Ordinance No. 1916, Chapter 4
Section 13 of the Code of Ordinances of the City of College Station, Texas, and with applicable
ordinances, rules, regulations and laws of the City of College Station, the State of Texas and of
the United States of America and their respective agencies, commissions and regulatory bodies.
The City Engineer is authorized and directed to enforce this Ordinance. Whenever necessary to
enforce any provision of this Ordinance, or whenever the City Engineer has reasonable cause to
believe any condition exists upon any premise or in any building contrary to this Ordinance, he
niay enter such place at any reasonable time to inspect or perform any duty imposed by this
Ordinance.
EnerVest Management Partners, Ltd. is hereby issued this Oil and Gas Permit, having posted a
Security Instrument in the amount of Twenty-Five Thousand and No1100 Dollars ($25,000.00), in
the form of irrevocable letter of credit or indemnity bond, or certificate of deposit as set forth in
Ordinance No. 1916, and required by action of the City Council.
Additional terms and conditions of the granting, issuance and continued effectiveness of this Oil
and Gas Permit follow:
I. ADMINISTRATIVE REQUIREMENTS:
Permittee shall comply with Permittee's Application for Permit to conduct operations for the
Discovery and Production of Oil, Gas and Associated Hydrocarbons within the City of College
Station, Texas except as modified by this permit.
Perrr~ittee shall corr~ply will all applicable Ordinances, Rules, Regulations and Laws of the City of
College Station, the State of Texas, and of the Ur~ited States of America and .their respective
agencies, commissions, and regulatory bodies.
This permit is issued for a period of one (1) year. To continue oil and gas operations under this
permit, the operator shall submit an application for renewal no later than thirty (30) days before
the expiration of this permit.
The perrr~ittee shall maintain the security instrument and insurance required for issuance of this
permit in effect for the terms of this permit.
II. SlTE LOCATION:
No oil or gas drill site may be located or oil and gas operation shall occur:
a. Within fifty feet (50') of any street, right-of-way, alley, or utility easement.
b. Within six hundred feet (600') of a cemetery, park, or residential unit, unless waived by the
residential unit property owner and the party entitled to occupy the premises.
c. Within one thousand feet (1,000') of any school or hospital.
d. In any public park unless authorized by State law.
e. In any City streets or alleys.
Ill. SlTE DEVELOPMENT:
Site development other than drilling shall be conducted only between 7:00 a.m. and 7:00 p.m.
Access to the site shall be via private access road off William D. Fitch.
The access drive apron must have at a minimum, an asphalt surface from the street to the right-
of-way line that conforms to the minimum pavement design as described in the College Station
Standard Specifications for Street Construction.
The remainder of the access drive shall be surfaced with crushed rock, gravel, ore, or oiled and
maintained to prevent dust and mud. Drives shall be at least thirty feet (30) wide.
IV. SCREENING AND LANDSCAPING:
City Council has directed that the site be provided with screening as a condition of the permit
approval. Council approved vegetation screening in lieu of wood fence screening. Upon
completion of drilling operations the site will be screened with red tip photinea hedges, spaced at
5' intervals on all four sides of the site. Irrigation will be provided by the operator for a period of
two (2) years after planting.
V. DRILI-ING SITE REQUIREMENTS:
No drilling shall occur within one hundred feet (100') of any oil storage tank, ignition source, or
building.
If the drilling site is not occupied by the applicant or drilling con-lpany during the entire drilling
period (24 hoursl7days a week), security fencing will be required during drilling operations.
Permittee shall confine light and noise associated with exploration and production activities to the
site to the maximum extent possible.
No drilling or re-working sliall occur within one hundred (100) feet of any oil storage tank, ignition
source or building.
Permittee shall comply with all Ordinances and Railroad Commission requirements pertaining to
flaring gas. In no event shall the flaring of gas exceed ninety (90) calendar days after completion
of the well. FI-~rther, Permittee shall install prior to entry into the target zone, a sufficient separating
device or system(s) (at least two in series) to ensure that gas, oil, other fluids and solids are
separated to a sufficient degree that the in the event the flaring of gas is necessary in connection
with the safe drilling and completion of the well (subject to the limitation set forth herein), such
flare shall, to the maximum extent possible, be clean burning and emit neither noxious smoke nor
odors. Permittee shall equip flare lines with smokeless flare ignition system. The flare shall be
directed away from existing trees to the maximum extent possible.
At the conclusion of drilling, .the drill site shall be cleaned within forty-eight (48) hours of all
equipment and machinery that is not needed to produce the well.
At the conclusion of the drilling operation all equipment, materials and constructed items shall be
removed from the area outside the production site. This area shall be returned to its original state
within thirty (30) days of the completion of the drilling operation.
Drilling mud, cuttings, oil, or liquid hydrocarbons and all other oil field waste derived or resulting
from or connected with the drilling, re-working, or deepening of any well shall be discharged into
portable steel tanks or a earth pits.
Upon completion of drilling operations waste materials stored in portable steel tanks shall be
removed from the site no later than thirty (30) days. Waste material stored in pits shall be
removed from the site and the liner shall be removed to the maximum extent practicable and the
pits shall be filled and leveled. Burning of sludge pits shall not be permitted.
VI. PRODUCTION SITE REQUIRERIIENTS:
Within thirty (30) days after completion of drilling .the site shall be screened by a fence enclosure
constructed of any material compatible with surrounding uses whicli effectively screens the site
and have landscaping.
Fencing shall be in the PRC's discretion based upon the impact to adjacent areas.
b. Fencing may be required during the drilling operations andlor separate fencing
may be required after completion of the drilling operations.
c. A six foot (6') solid screen fence around the entire perimeter of the site may be
required.
d. Any fence should be at least one hundred feet (1 00') from any well, equipment, or
structure within the site, but no closer than five hundred feet (500') to any
residential property line.
e. All fencing shall be of a solid neutral color compatible with surrounding uses and
shall be maintained in a neat, orderly, secure condition. Neutral colors for fencing
shall include unobtrusive shades of sand, grey, green, blue, brown, or other
colors approved by the PRC.
f. Upon completion of a well as a commercial producer, any apparatus used in the
production of the well, including pump jacks, shall be enclosed as to prevent any
entry by unauthorized persons and to prevent well equipment from being seen.
The enclosure walls shall be solid and constructed with privacy fence materials
and shall be high enough to restrict the view of any well equipment including the
pump jack. The enclosure shall remain locked at all times unless the well is eing
serviced by the operator or its service companies.
The shall at all times be kept free of debris, pools of oil, water or other liquids, weeds, brush,
trash, or other waste material.
All discarded surplus materials, supplies, and refuge shall be removed from the operation site no
later than thirty (30) days after corrlpletion of drilling operation.
Permittee shall erect and maintain signs which identify the well by name, the operator, his
address and a 24 hr emergency contact telephone number at the well site and at the intersection
of the well site access road with the public street.
A Permanent weatherproof signs reading "DAIVGER IVO SIUOKIIVG ALLOWED" shall be posted
at the entrance of the well site and tank battery.
The production site shall be enclosed by a chain-link fence. It shall have a gate which shall be
kept closed and locked except while occupied by Permittee, Permittee's personnel, Permittee's
agentslrepresentatives, City Engineerldesignate or the Fire Department. The fence shall not be
less than six (6) feet high and shall be topped with not less than three (3) strands of barbed wire.
Corner posts shall be anchored in concrete. The City Engineer shall be provided the combination
to the gate lock.
Orlly electric prime movers or motors shall be permitted for the purpose of pumping wells.
All production equipment on the site shall be painted and maintained at all times, including
pumping units, storage tanks, buildings and structures. Permittee shall paint pumping units,
storage tanks, and vessels a neutral color, or such other color scheme as may be approved by
the City Planner.
. No person shall allow, cause, or permit gases vented into the atmosphere to be burned by open
flame except as allowed by law or permitted by the Commission.
Production and storage tanks shall be contained within earthen berms constructed in accordance
with applicable oil field practice. Berms shall be constructed and maintained to retain not less than
133% of the capacity of the largest of such tanks.
No street or alley may be blocked or obstructed by any drilling or producing operations unless
prior consent is obtained by the operator in the form of a resolution adopted by the Council,
except when necessary to protect life or property in connection with emergency operations being
conducted.
No person shall place, deposit, discharge, cause, or permit to be placed, deposited, or
discharged, any oil, naphtha, petroleum, asphalt, tar, hydrocarbon substances, or any refuse,
including wastewater or brine, from any oil and gas operation or the contents of any container
used in con~iection with any oil operation in, into, or upon any public right-of-way, storm drain,
ditch or sewer, sanitary, drain or sewer, any body of water, or any private property in the City.
No drilling equipment, re-working equipment, other portable equipment or idle equipment which
are not essential to the everyday operation of the activity located thereon shall be stored on the oil
or gas operation site.
Lumber, pipes, tubing, and casing shall not be left on the site except when drilling or well servicing
operations are being conducted.
No person, owner, or operator shall store or park any vehicle or item of machinery on any street,
right-of-way, driveway, alley, or upon any oil or gas operation site which constitutes a fire hazard
or an obstruction to or interference with fighting or controlling fires except that equipment which is
necessary for .the maintenance of the site or for gathering or transportation of hydrocarbons from
the site. The Fire Department shall be the entity which determines whether any equipment on the
site shall constitute a fire hazard.
VII. WELL SERVICING AND SITE MAINTENANCE:
No re-working shall occur within one hundred feet (100') of any oil storage tank, ignition source, or
building.
After corr~pletion of well servicing or abandonment, owner shall repair all damage to public
property caused by such servicing or abandonment operations.
At the conclusion of re-working operations, the drill site shall be cleaned within forty-eight (48)
hours of all equipment and machinery that is not needed to produce the well.
Idle equipment will not be stored on the site. All well servicing equipment shall be removed from
the site within fifteen (1 5) days after completion of a well servicing operation.
After completion of well servicing or abandonment, Operator shall repair all damage to p~~blic
property caused by such servicing or abandonment operations.
All property on which an oil or gas operation occurs shall at all times be kept free of debris, pools
of oil, water or other liquids, weeds, brush, trash, or other waste material.
VIII. ENVIRONMENTAL UPSETS:
After any leak, spill, or malfunction, the permittee shall remove or cause to be removed to the
satisfaction of the City Engineer, and Fire Department all oil and waste materials from property
affected by such spill, leak or malfunction.
In the event of the loss of control of any well or other oil and gas operation, (i.e., blowout, etc.) the
Operator shall immediately take all reasonable steps to regain control of such activity regardless
of any other provisions of this Ordinance and shall notify the City Engineer as soon as practicable.
IX. EMERGENCY SERVICES:
The perrr~ittee or his agent shall be responsible for providing primary fire fighting services.
The College Station Fire Department will provide emergency response and limited fire fighting
services.
X. ACQUISITION AND TRANSFER OF EXISTING OPERATIONS
Transfer of the site operations by Permittee or acquisition of operations at this site by another
party does not constitute transfer of this permit. The transferring party and acquiring party shall
notify the City Engineer in writing, within ten (10) days of the transfer or acquisition.
The notice shall contain the following:
a. The name and address of the person acquiring such well, property or site involving an oil or
gas operation.
b. The name and location of the oil or gas operation
c. The date of acquisition.
d. A description of the properties and equipment acquired, and the oil or gas operation.
e. The name and address of any individual designated to receive service of notice in
compliance with the notice provision requirements.
XI. SITE ABANDONMENT
During abandonment, Operator shall comply with all applicable sections in this Ordinance
Abandonment shall be approved by the City Engineer after restoration of the drill site and the
subsurface thereof has been accomplished in conformity with the following requirements:
a. All tanks, towers, and other surface installations are removed from the site.
b. All concrete, piping, wood, and other foreign materials regardless of depth, except surface
casing, are removed from the site, unless otherwise directed by the Commission.
c. All holes and depressions are filled with clean compatible soil.
d. All oil, waste oil, refuse, or waste material is removed from the site.
e. Operator pays an abandonment fee in an amount set by Council resolution.
XII. PERMIT SUSPENSION OR REVOCATION
The City Engineer may, in writing, suspend or revoke any permit issued under the provisions of
this article upon finding any of the following:
a. Permittee failed, neglected, or refused to perform and comply with the conditions of this
Permit.
b. Permittee failed, neglected, or refused to comply with or abide by, or in any way violated
any provision of this Ordinance or any regulation, law, rule, or order either directly or
indirectly, by reason of or in connection with or incidental to the conduct of his oil or gas
operation.
c. Any of the Permittee's operations or the continuance thereof upon the premises covered by
the permit is a menace or hazard to public or private property, or to any interest of the City,
or to the lives or safety of persons.
d. Any of the Permittee's operations or the continuance thereof upon the premises covered by
the permit constitutes a public nuisance.
e. Permittee made any willful misrepresentation of facts in any application for any such permit
or in any report or record required by this Ordinance to be submitted to the City
f. Permittee illegally burned or allowed to burn oil, gas, or other hydrocarbons in the City.
CHECK LIST FOR ISSUANCE
The following items must have been received and on file with the City before this permit is issued:
Approved Drainage Development Permit: Not Required
Security instrument: $25,000.00
Certified Postage re-imbursement:
Public Notice re-imbursement:
Considered by City Council this - day of ,2009
Issued this the - day of ,2009
City Engineer Date
City Secretary Date Fire Marshall Date
November 9, 2009
Regular Agenda Item No. 4
McCullough-McCullough Unit, Well #lRE - Oil and Gas Operations Permit
To : Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Public hearing, presentation, possible action and discussion regarding
an Oil and Gas Operations Permit for the McCullough- McCullough Unit, Well #IRE as
requested by the operator, EnerVest Operating, LLC. of Houston, Texas.
Recommendation(s): The Project Review Committee, comprised of the Planning and
Zoning Commission Chair, the City Engineer, and the Director of Planning and Development
Services, met on October 5, 2009 and recommends denial of the permit.
Summary: The McCullough- McCullough Unit Well #IRE is the re-entry of a pre-existing
well bore on a 193 acre tract located within the city limits. The location of the drilling site is
470' east of Ginger Court, then 1370' NNW of Rock Prairie Road. The original well was
permitted in 1992 as a "Rural" classification well. Based on the encroachment by
development the re-entry of this well is classified as "High Impact". High impact means any
residential, administrative, professional, or commercial neighborhood zone where there is
an existing residential, administrative, professional, or commercial neighborhood use in the
area of the proposed oil or gas operation.
Access to the site during drill will be from the existing private access drive coming off Rock
Prairie Road. Access to the site during production will be from a proposed private access
drive coming off Rock Prairie Road.
The Project Review Committee concurred with the attached City Engineer's Report which
detail the permit application deficiencies in regard to the associated requirements outlined
in the Chapter 4: Business Regulations, Section: Oil and Gas Regulations.
Per the ordinance, the City retained CSC Engineering & Environmental Consultants, Inc., a
third party consultant, to evaluate the public impact of the proposed activity. The applicant
is responsible for the consultant's fee of $4,752.11 per the ordinance. 'the consultant's
findings were provided to the applicant and incorporated into the City Engineer's Report to
the Project Review Committee.
Note this item was originally scheduled for the October 19, 2009 City Council Meeting.
However, due to a meeting time inaccuracy in the public notices this item was rescheduled
for subject meeting.
Budget & Financial Summary: N/A
Attachments:
1. Vicinity Map
2. Resolution
3. Exhibit A - Application (available at City Engineer's Office)
4. Exhibit B - Location Map
5. Exhibit C - Indemnity Bond (available at City Engineer's Office)
6. City Engineer Report to Project Review Committee
7. Draft Permit
8. Report of Impact Assessment (available at City Engineer's Office)
I inch = 5,000 feet
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS
GRANTING AN OIL AND GAS HIGH IMPACT PERMIT FOR THE McCULLOUGH-
McCULLOUGH UNIT, WELL NO. 1 -RE NEAR ROCK PRAIRIE ROAD APPROXIMATELY
1,370 FEET NORTH OF ROCK PRAIRIE ROAD, AND LOCATED WITHIN THE CITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of College Station, Texas, has reviewed an application
for an Oil & Gas Rural Permit ("Permit") submitted by Enervest Operating, LLC for the
McCullough-McCullough Unit, Well No. 1 -RE; and
WHEREAS, Council has reviewed the Project Review Committee report and other related
information relating to the afore-described proposed rural gas well located near Rock Prairie
Road approximately 1,370 feet north of Rock Prairie Road within the City of College Station (the
"City"); and
WHEREAS, pursuant to Chapter 4, Section 13.J Council is required to make certain findings and
determinations in granting a permit for an oil and gas operations located within the City; and
WHEREAS, the City Council of the City of College Station, Texas, now desires to make such
determinations and to grant such permit; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS :
PART 1: That the City Council hereby acknowledges receipt of an application, Project
Review Committee report and other related information relating to an Oil and
Gas Rural Permit to Enervest Operating, LLC for the McCullough-McCullough
Unit, Well No. 1-RE located near Rock Prairie Road approximately 1,370 feet
north of Rock Prairie Road. A copy of such paperwork and the exact location of
said proposed well are attached hereto as Exhibits "A" and "B", respectively.
PART 2: That the City Council hereby makes the following determinations with respect to
said proposed Permit:
1. That the following amount and type of security instrument has been issued:
a bond rider to an Indemnity Bond, on behalf of applicant, in favor of the
City in a total amount of FOUR HUNDRED FIFTY THOUSAND AND
NO1100 DOLLARS ($450,000.00) attached hereto as Exhibit "C";
2. That the operations proposed under the Permit are reasonable under the
circumstances and conditions prevailing in the area;
3. That the operations proposed under the Pennit are consistent with the health,
safety, and welfare of the public when and if conducted in accordance with
the permit conditions to be imposed; and
4. That the impact upon adjacent property and the general public of operations
conducted in compliance with the Permit conditions are reasonable and
justified, balancing the following factors:
RESOLUTION NO. Page 2
(1) The right of the owner(s) of the mineral estate to explore,
develop, and produce the minerals.
(2) The availability of alternate drill sites, boll1 presently and at
other tilncs during the lease tcrm.
(3) The date of acqaisition by the various owners of the surface
a11d mineral estates.
PART 3: That based upon the above the City Council hereby grants said Permit and
authorizes the City Manager or his designee to take any and all reasonable action
to issue same.
PART 4: That this resolution shall take effect immediately from and after its passage.
ADOPTED this day of , A.D. 2009.
APPROVED:
MAYOR
ATTEST:
EXHIBIT A
APPblCATlQN FOR PERMIT
TO CONDUCT OPERATIONS FOR THE DISCOVERY AND PRODUCTION
(11 I-Y 01: COLI.I~~;ES.IXI-ION OF OIL, GAS, AlVD ASSOCIATED HYDROCARBOIVS WITHIIV THE
1~1,~~~~~~~~~: L- 11, ,.,.L~~~,Z, ,,, st em<C, CITY OF COLLEGE STATION, TEXAS
(ORDINANCE NO. 1916, OCTOBER 10, 1991)
ORIGINAL $2,000 rn RURAL
URBAN
HIGH IMPACT
SEISMIC
rn
Please provide the following information for your permit request:
1. Applicant's name and address.
Enervest Operating, LLC
1001 Fannin Street, Suite 800
I-Iouston, TX 77002-6707
2. Name and address of drilling company.
Nabors Drilling USA LP
515 West Greens Road, Suite 1000
Houston, TX 77067
3. Name and address of Operator.
Enervest Operating, LLC
1001 Fannin Street, Suite 800
Houston, TX 77002-6707
4. Proposed name of well.
McCullough-McCullough Unit Well No. 1-RE
5. Proposed depth of well.
Enervest Operating, LLC intends to drill a re-entry well, the RlcCullough-
McCullough Unit Well No. 1-RE and drill a 4234' updip lateral (ST# 2) to depth of
12,500' in the Giddings Austin Cl~alk Gas Field.
6. Location and description of all improvements and structures within one thousand (1000 ft)
of the well.
Please refer to attached Exhibit "A".
7. Site plan of proposed operation, showing location of all improvements and equipment. (13
copies)
Please refer to attached Exhibit "B".
8. Area Map showing proposed transportation route and roads for equipment, chemicals, or
waste products used or produced by the oil or gas operation, and all natural features of
the site. (1 3 copies)
Please refer to attached Exhibit "C".
McCullough-Olden - Permit Application Page 1 of 4
EXHIBIT A
9. Description of type, kind, size and amount of major equipment used before completion
and re-working.
Plcasc rcfer to attachcd Exhibit "D".
10. Description of surface equipment after drilling and completion.
Please refer to attached Exhibit "A" Sr "E".
11. Well surface casing and cementing program.
Please refer to attached Exhibit 'LF".
12. Copies of Railroad Commission forms and drilling permit.
Please refer to attached Exliibit "G".
13. Security instrument consisting of an irrevocable letter of credit, indemnity bond, or
certificate of deposit, as required by this ordinance and in an amount determined by the
City Council within 30 days after Council approval.
Enervest Operating LLC is committed to providing the required security
instrument in the amount determined by the City Council within 30 days after
Council approval of this permit application.
14. Name of representative with supervisory authority over all oil or gas operation site
activities and phone number where he can be reached twenty-four (24) hours a day.
Dean Broussard - Operations Superintendent
6933 N. US Hwy 77
La Grange, TX 78945
979-255-3048
15. Legal description of the property to be used for the oil or gas operation, the parcel, and
the production unit (plat description or metes and bound bearings) and name of the
geologic formation as used by the Railroad Commission. Property recorded by plat
should reference subdivision, block and lot numbers.
Legal description: 192.97 acre (net) tract - Parcel 3, Vol. 8479, Pg. 93, of the
Official Records of Brazos County, Texas,, located in the S. W. Robertson Survey,
A-202, College Station, Brazos County, Texas. Tax Parcel # R15978 (see site plau
plat - Exhibit "A", for additional information), Giddings Austin Challc Gas Field.
16. Mineral Lessee name and address.
Carol McCullough Anderson Jean McCullough Stephen
2504 River Forest Drive 2514 Me~norial Drive
Bryan, TX 77802 Bryan, TX 77802
17. Surface owner name and address.
Carol McCullougli Anderson and Fred G. Anderson Jean Steplieii Faniily No. Two L.P.
2504 River Forest Drive 2514 Memorial Drive
Bryan, TX 77802 Bryan, TX 77802
McCullough-Olden - Permit Application Page 2 of 4
EXHIBIT A
18. Name and address of an individual representing the ownerlapplicant designated to receive
notice.
Fred Deitsch
615 E. Blue Bell Rd.
Brenhani, TX 77833
19. Evidence of insurance information as required by Ordinance No. 1916.
(a) Commercial General Liability $500,000
(b) Automobile Liability $500,000
(c) Worker's Compensation $100,000
Please refer to attached Exhibit "H".
Survey of production unit at a scale of 1 per 300 or greater by a Texas certified surveyor
including:
(a) Lengths and bearings of all boundary lines for production.
(b) Exact acreage of the production unit.
(c) Exact location of the well within production unit with distances of a minimum of two
adjacent boundary line of the production unit.
(d) Length of maximum diagonal within the production unit.
Please refer to attached Exhibit "I" (2 pages).
21. Owner and address of each parcel of property within one thousand feet (1000') of the
proposed drill site.
Please refer to attached Exhibit "J".
22. Copies of all reports required by the Department of Water Resources and Commission.
Please refer to attached Exhibit "I<".
23. Statement under oath signed by applicant that the information submitted in the application
is true and correct.
"I, Lloyd Brace, Operations Manager, Western Division, do hereby affirm that the
information submitted in and attached to the Application for Permit to Couduct
Operations for the Discovery and Produetion of Oil, Gas and Associated
Hydrocarbons within the City of College Station, Texas, for the Application of
Permit, is true and col-rect."
'/- Date: 6/'?/ 7
STATE OF TEXAS 6
~1ofd'~luce Operations Manger
COUNTY OF HARRIS 5
Sworn to and subscribed before me this -7 day of 21 ,)&' ,2009, by the above Lr named Lloyd Bmce, who is personally knowll to me.
FRED DEITSCH Fred Deitsch
Notaly Public in alh for the State of Texas
WkACH 29. 2011, ,*; iww%%$w-
McCullough-Olden - Permit Application
EXHIBIT C
BOND RIDER NO. 2
Attaching to and forming part of Indemnity Bond No. RLB0011114, executed January 3,
2008, on behalf of EnerVest Operating, LLC as Principal, in favor of the City of College
Station as Obligee, in the amount of Four Hundred Fifty Thousand and IVo/l00 Dollars
($450,000.00).
It is understood and agreed that effective April 17, 2009, the following well list is I
amended as attached. I
All other conditions and terms to remain as originally written or previously amended by
rider.
Signed, sealed and dated this 17~~ day of April 2009.
EnerVest Operating, LLC
Principal
By:
ark Houser - President
RLI Insurance Corrlpany
8 Greenway Plaza, Suite 400
Houston, TX 77046
Surety
By: -
Paul M. O'Sullivan, Attorney-in-Fact
EXHIBIT C
RLB0011114
RLI Surety
A divislon of RLI Insurance Company
Know AII Men by These Presents:
POWER OF ATTORNEY
RLI Insurance Company
That the RLI INSURXJCE COklPhW, a corporation organized and existing under the laws of the State of Illinois, and authorized and licensed
to do business in all states and the District of Columbia does hereby make, constitute and appoint: PAUL M. O'SULL[VM
in the City of HOUSTON , State of TEXAS , as Attorney-in-Fact, with full power and authority hereby conferred upon him to sign,
execute, acknowledge and deliver for and on its behalf as Surety and as its act and deed, all of the follo\ving classes of documents to-wit:
$450,000.00
Indemnity, Surety and Undertakings that may be desired by contract, or may be given in any action or proceeding in any court of law
or equity; policies indemnifying employers against loss or damage caused by the misconduct of their employees; olficial, bail and
surety and fidelity bonds. Indemnity in all cases where indemnity may he lawfully given; and with full power and authority to
execute consents and waivers to modify or change or extend any bond or document executed for this Company, and to compromise
and settle any and all claims or demands made or existing against said Company.
The RLI INSURANCE COMPANY further certifies that the following is a true and exact copy of a Resolution adopted by the Board of
Directors of RLI Insurance Company, and now in force to-wit:
"All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate
name of Lhe Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers
as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may
appoinl ALtorneys-in-Pact or Agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers-of-ALtorney, or other obligations of
the corporation. The signature of any such officer and the corporate seal may be printed by facsimile."
(Blue shaded areas above indicate authenticity)
IN WITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its PRESIDENT with its
corporate seal affixed this
u CORPORATE SECRETARY
State of Illinois )
ss
County of Peoria )
RLI INSURANCE COMPANY
Wk@-
U PRESIDENT
On this 17day of 2009 before me, a No1al.y Public, personally appeared Michael J. Stone and Jean M. Stenhenson, who being by me
duly sworn, acknowledged that they signed the above Power of Attorney as Presi~lcnt and Corporate Secretary, respectively, of the said RLI INSURANCE
COMPANY, and acknowledged said instrument to be the voluntary act and deed of said corporalion. -* Notary Public
"OFFICIAL SEAL"
CHERIE 1. MONTGOMERY
COMMISSION EXPIRES 02/02/12
EXHIBIT C
Well List
Indenmity Bond - City of College Station (5/09 - 5/10)
Akin-Foxfire 1
Akin, J.M. 1
Borisltie-Diversified Unit 1
Brazos Coal Ltd-Raceway Unit 1
Brazos Coal Ltd-Terry "B" Unit IRE
Brazos Coal Ltd-Terry "C" Unit 1
Felix "K" Unit 1
Freeman-Creagor Unit 1
Jones et al, Eugenia 1
Kinman 1
McCullough-McCullough Unit 1
McCullough-Olden Unit 1
McCullough-Tei~y Unit 1
Olden-Olden Unit 1
Olden-Paul1 Unit 1
Ritchey, W.S. #1
Terry Unit, H.L. 1
Terry-Terry Unit 2
Thompson-Marsh Unit 1
Waltman 1
API # Permit #
94-000 1
Not assigned
93-806
Not assigned
99-807
92-8 19
.93-801
93-826
91-804
Not assigned
92-805
93-804
93-803
91-822
92-8 13
93-820
93-809
08-40000 1
93-81 1
940W05
SCALE: 1 "=2000'
1 MILE RADIUS
VICINITY MAP
AND ACCESS PLAT
ENERVEST OPERATING, L.L.C.
S. W. ROBERTSON SURVEY, A-202
NATHAN CLAMPlll SURVEY, 8-90.
COLLEGE STA-TIOIU, BRAZOS COUNTY, TEXAS
SCALE: 1 "=2000' AUGUST, 2009
PREPARED BY.
KUNG ENGINEERING & SURVEYING=
4101 TBX5 AV. + P.O. BOX 4234 + BRYAN,TMAS + PH.979/846-6212
I ' I I
XREF: KUNG ENGINEERING & SURVMNG
BRYAN. TW
OIL & GAS OPERATIONS PERMIT APPLICAI'ION
ClN ENGINEER'S REPORT TO PLAN REVIEW COMMITTEE (PRC)
ADNllNSTRATlVE INFORMATION
DATE:
CASE FILE NO.
WELL NAME:
APPLICANT:
DRILLING COMPANY:
WELL CLASSIFICATION:
LOCATION:
DEPTH:
ACCESS:
9/23/09
09-400001
McCullough-McCullough Well Unit #I RE
EnerVest Management Partner, Ltd., Houston, Texas
Nabors Drilling USA, LP, Houston, Texas
High Impact Classification, 1 each Vertical/Horizontal Wells
Surface - 1370' NNW of Rock Prairie Road
ST#02, 4234' updip lateral to depth of 12,500'
Drilling - From Rock Prairie Road on an existing 12' access road.
Production - From Rock Prairie Road on proposed 40' road along
western property line (proposed route)
PRC REVIEW ITEMS
REQUIRED PERMITS ISSUED: YES NO NOTREQUIRED
Application Fee X
a. Alternate well location due to adjacent land uses.
Legal Consultant
Technical Consultant
Texas Railroad Commission (Drilling Permit)
TCEQ (Ground Water to be Protected)
FAA (Hazard to Aviation Determination)
Airport Zoning Board Height Variance
Drainage Development Permit
Driveway Access Permit
Insurance Certificates
Not applicable due to well being a re-entry of an existing well. The well site is located on a currently
permitted location. The drilling operation is the re-entry of an existing well bore. The well bore is
located 497 feet from a one private residence and within 600 feet of a future residential site. The
applicant proposes to increase the size of the well site from 1.83 acres to 4.75 acres. No provisions or
options have been presented for relocation of the site.
b. Air pollution control devices.
The drilling rig has industry standard air pollution control devices installed.
X
X
X
X
c. Noise and light control.
Noise continuation shall be provided, as necessary, to limit noise exposure at the nearest residence to
72dBA continuous.
X
Lights shall be orientated as to minimize the impact on residential areas.
X
X
X
X
Site development other than drilling shall be conducted only between 7:00 a.m. and 7:00 p.m.
d. Type of pump engine.
Electric
e. Height of pump equipment.
30 feet
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f. Fire control measures, as required by this Ordinance.
Permittee shall erect and maintain signs which identify the well by name, the operator, his address
and a 24 hr emergency contact phone number at the well site and at the intersection of the well site
access road and the public street.
The College Station Fire Department will provide emergency response and limited fire fighting
services.
g. Fence and/or visual screening, as required by this Ordinance.
If the drilling site is not occupied by the applicant or drilling company during the entire drilling period (24
hoursl7days a week), security fencing will be required during drilling operations.
Provide six-foot solid screen fence around the perimeter of the site as per Chapter 4 of the Code of
Ordinance, Section 13 Oil and Gas Well Regulations.
h. Landscaping, as required by this Ordinance.
Provide a landscape plan according to site area and requirements of Chapter 12 of the Code of
Ordinances (Unified Development Ordinance), Section 7.5 Landscaping and Tree Protection. The
plantings are to be disbursed around the perimeter of the site. Also in accordance with this Section,
provide irrigation for the proposed landscaping.
i. Proof of contractual responsibilities of pump site and storage site maintenance.
Not addressed in the application
j. Safety procedures.
See Report of Impact Assessment for EnerVest's McCullough-McCullough Unit #I RE for additional
safety requirements and procedures
k. Spill reporting and record keeping.
The operator will notify the City Engineer within 24 hours of an onsite crude oil spill exceeding 55
gallons or any spill into water that creates a sheen.
Crude oil spills on the ground equal to or greater than 21 0 gallons or any spill into water that creates a
sheen must be reported to RRC.
The operator shall maintain a monthly inspection log which address on site spills. The copy of said log
will be provided to the City prior to permit annual renewal or when requested by the City..
I. Gas flaring.
Operator shall comply with all Ordinances and Railroad Commission requirements pertaining to flaring
gas. In no event shall the flaring of gas exceed ninety (90) calendar days after completion of the well.
Flare height shall be below treetop level.
Flares shall be placed so the existing trees or manmade structures obstruct the flare from the direct
view of any residence.
m. Location of storage facilities.
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Production and storage tanks shall be contained within earthen berms constructed in accordance with
applicable oil field practice. Berms shall be constructed and maintained to retain not less than 133% of
the capacity of the largest of such tanks.
n. Traffic loads or patterns, proposed street development, as required by this Ordinance, and
ingresslegress of vehicular traffic.
The access drive apron must have and maintain at a minimum, an asphalt surface from the street to
the right-of-way line that conforms to the minimum pavement design as described in the College
Station Standard Specifications for Street Construction.
The remainder of the access drive shall be surfaced with crushed rock, gravel, ore, or oiled and
maintained to prevent dust and mud.
Ingresslegress during drilling operations will be via existing 12' wide gravel site access road off Rock
Prairie Road.
Ingresslegress during production operation is via a pro~osed 40' wide gravel site access road along
the western edge of the property line off Rock Prairie Road.
Oil tanks shall not park or loadlunload on or adjacent to a street.
o. Water source used during drilling operation.
Pre-existing on site water well. Water zones to be protected are from the surface to a depth of 1300'
and from 2350 feet to 2600'. Current well bore sketch indicates casing and cement from surface to
10,707'. Ground water is protected.
p. Full line location and route between the well head and storage facilities.
See Application Exhibit C - direct line from well bore to separator
STAFF COMMENTS:
Per the ordinance, this item can be scheduled for the next available Council Meeting which is October
19th. To make this date, the City must give notice to the local newspaper to run a public notice and mail
notices to residences within 1500 feet no later than September 28th. Additionally, this report has been
forwarded to the Project Review Committee (PRC), which is defined as the P&Z Commission Chair,
Planning Director, and City Engineer. This committee will issue an updated report with recommendations
to Council. This likely does not leave time for an application re-submittal and review to achieve a
recommendation of support of the permit. Therefore, for this item to be on the Council October 19th
agenda, the recommendation would currently be for denial due to the listed comments below.
The following Council Meeting is November 12th with a newspaper submittal and mailing deadline of
October 22nd. Five to ten days should be allotted for application re-submittal review ahead of the notice
deadline. Again, a report will follow the PRC meeting and action prior to the Council meeting.
Understanding the above, please re-submit your application andlor request a specific Council Meeting
1. See: Report of Impact Assessment for included requirements and inclusions that apply
2. Require landowner notification be extended to a radius of 1,500'
3. Require waives from the owner and occupant of all residence within 600' of the well site
4. Require operator to limit light levels near residences below 0.5 fc
5. Proposed production site access needs to be fully addressed, including drivewaylculvert design
and details, etc.; or under separate permit application
6. Proposed site is located within 50' of any street, right of way, alley or utility easement
7. Consultant, public notice, and landowner notification fees must be paid prior to the Public Hearing
at Council
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8. Provide six-foot solid screen fence around the perimeter of the site as per Chapter 4 of the Code
of Ordinance, Section 13 Oil and Gas Well Regulations.
9. Provide a landscape plan according to site area and requirements of Chapter 12 of the Code of
Ordinances (Unified Development Ordinance), Section 7.5 Landscaping and Tree Protection. The
plantings are to be disbursed around the perimeter of the site. Also in accordance with this
Section, provide irrigation for the proposed landscaping.
10. Need a description of fire control measures, as required by Ordinance
11. Need fencing and/or screening plan, as required by Ordinance
12. Need landscaping plan , as required by Ordinance
13. Need proof of contractual responsibility of pump site and storage site maintenance
14. Sight vehicle triangle per AASHTO needs to be determined and appropriate vegetation removed
at access apron accordingly.
RECOMMEND SECURITY FOR COMPLIANCE WITH PERMIT TERMS AND
ORDINANCE:
A minimum of $25,000 is required for security by the ordinance. A $25,000 Indemnity Bond is on file for
the site.
SCHEDULE FOR COUNCIL ACTION:
City Council Regular Meeting: Publish according to High Impact Classification schedule for
Public Hearing and Counc~l Action 2009
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HIGH IMPACT
OIL AND GAS PERMIT
ISSUED BY THE CITY OF COLLEGE STATION, TEXAS
PERMITTEE: EnerVest Management Partners, Ltd.
1001 Far~nin Street, Suite 800
Houston, Texas 77002-6707
EXPIRATION DATE:
WELL NAME: McCullough-McCullough Unit Well #I RE
PERMIT NO: 09-400001
REGULATION: The City Council of the City of College Station has determined that the testing
and exploration for and development, production and storage of oil, gas, and mineral
hydrocarbons (including enhanced or secondary recovery .thereof) within .the City limits is an
activity which necessitates reasonable regulations in order that such activities will not cause injury
or property damage to the citizens of the City, and that such activities should conform to the
comprehensive plan and zoning ordinances of the City as far as practicable in order to preserve
the integrity of said ordinances and regulations. The City recognizes that conflicting property
rights exist in the carrying out of such activities, and further recognizes the rights of all property
owners, minerals and otherwise, to the peaceable er~joyment of their property and the benefits
and revenues therefrom.
UNLAWFUL: It shall be unlawful to engage in any activity not permitted by the terms of this
permit and the applicable laws, or to fail to comply with any condition set forth in this permit.
PERMIT TERMS: This permit is issued in accordance with Ordinance No. 1916, Chapter 4
Section 13 of the Code of Ordinances of the City of College Station, Texas, and with applicable
ordinances, rules, regulations and laws of the City of College Station, the State of Texas and of
the United States of America and their respective agencies, comrrrissions and regulatory bodies.
The City Engineer is authorized and directed to enforce this Ordinance. Whenever necessary to
enforce any provision of this Ordinance, or whenever the City Engineer has reasonable cause to
believe any condition exists upon any premise or in any building contrary to this Ordinance, he
may enter such place at any reasonable time to inspect or perform any duty imposed by this
Ordinance.
EnerVest Management Partners, Ltd. is hereby issued this Oil and Gas Permit, having posted a
Security Instrument in the amount of Twenty-Five Thousand and No1100 Dollars ($25,000.00), in
the form of irrevocable letter of credit or indemnity bond, or certificate of deposit as set forth in
Ordinance No. 1916, and required by action of the City Council.
Additional terms and conditions of the granting, issuance and continued effectiveness of this Oil
and Gas Permit follow:
I. ADNIINISTRATIVE REQUIRENIENTS:
Permittee shall comply with Permittee's Application for Permit to conduct operations for the
Discovery and Production of Oil, Gas and Associated Hydrocarbons within the City of College
Station, Texas except as modified by this permit.
Permittee shall comply will all applicable Ordinances, Rules, Regulations and Laws of the City of
College Station, the State of Texas, and of the United States of America and their respective
agencies, commissions, and regulatory bodies.
This permit is issued for a period of one (1) year. To continue oil and gas operations under .this
permit, the operator shall submit an application for renewal no later than thirty (30) days before
the expiration of this permit.
The permittee shall maintain the security instrument and insurance required for issuance of this
permit in effect for the terms of this permit.
II. SlTE LOCATION:
No oil or gas drill site may be located or oil and gas operation shall occur:
a. Within fifty feet (50') of any street, right-of-way, alley, or utility easement.
b. Within six hundred feet (600') of a cemetery, park, or residential unit, unless waived by the
residential unit property owner and the party entitled to occupy the premises.
c. Within one thousand feet (1,000') of any school or hospital.
d. In any public park unless authorized by State law.
e. In any City streets or alleys.
Ill. SlTE DEVELOPMENT:
Site development other than drilling shall be conducted only between 7:00 a.m. and 7:00 p.m.
Access to the site shall be via private access road off William D. Fitch.
The access drive apron must have at a minimum, an asphalt surface from the street to the right-
of-way line that conforms to the minimum pavement design as described in the College Station
Standard Specifications for Street Construction.
The remainder of the access drive shall be surfaced with crushed rock, gravel, ore, or oiled and
maintained to prevent dust and mud. Drives shall be at least thirty feet (30) wide.
IV. SCREENING AND LANDSCAPING:
City Council has directed that the site be provided with screening as a condition of the permit
approval. Council approved vegetation screening in lieu of wood fence screening. Upon
completion of drilling operations the site will be screened with red tip photinea hedges, spaced at
5' intervals on all four sides of the site. Irrigation will be provided by the operator for a period of
two (2) years after planting.
V. DRILLING SITE REQUIREMENTS:
No drilling shall occur within one hundred feet (100') of any oil storage tank, ignition source, or
building.
If the drilling site is not occupied by the applicant or drilling company during .the entire drilling
period (24 hoursl7days a week), security fencing will be required during drilling operations.
Permittee shall confine light and noise associated with exploration and production activities to the
site to the maximum extent possible.
No drilling or re-working shall occur within one hundred (100) feet of any oil storage tank, ignition
source or building.
Permittee shall comply with all Ordinances and Railroad Commission requirements pertaining to
flaring gas. In no event shall the flaring of gas exceed ninety (90) calendar days after completion
of the well. Further, Permittee shall install prior to entry into the target zone, a sufficient separating
device or system(s) (at least two in series) to ensure that gas, oil, other fluids and solids are
separated to a sufficient degree that the in the event the flaring of gas is necessary in connection
with the safe drilling and completion of the well (subject to the limitation set forth herein), such
flare shall, to the maximum extent possible, be clean burning and emit neither noxious smoke nor
odors. Permittee shall equip flare lines with smokeless flare ignition system. The flare shall be
directed away from existing trees to the maximum extent possible.
At the conclusion of drilling, the drill site shall be cleaned within forty-eight (48) hours of all
equipment and machinery that is not needed to produce the well.
At the conclusion of the drilling operation all equipment, materials and constructed items shall be
removed from the area outside the production site. This area shall be returned to its original state
within thirty (30) days of the completion of the drilling operation.
Drilling mud, cuttings, oil, or liquid hydrocarbons and all other oil field waste derived or resulting
from or connected with the drilling, re-working, or deepening of any well shall be discharged into
portable steel tanks or a earth pits.
Upon corr~pletion of drilling operations waste materials stored in portable steel tanks shall be
removed from the site no later than thirty (30) days. Waste material stored in pits shall be
removed from the site and the liner shall be removed to the maximum extent practicable and the
pits shall be filled and leveled. Burning of sludge pits shall not be permitted.
VI. PRODUC'TION SITE REQLIIREMENTS:
Within thirty (30) days after completion of drilling the site shall be screened by a fence enclosure
constructed of any material corr~patible with surrounding uses which effectively screens .the site
and have landscaping.
Fencing shall be in the PRC's discretion based upon the impact to adjacent areas
b. Fencing may be required during the drilling operations and/or separate fencing
may be required after completion of the drilling operations.
c. A six foot (6') solid screen fence around the entire perimeter of the site may be
required.
d. Any fence should be at least one hundred feet (1 00') from any well, equipment, or
structure within the site, but no closer than five hundred feet (500') to any
residential property line.
e. All fencing shall be of a solid neutral color compatible with surrounding uses and
shall be maintained in a neat, orderly, secure condition. Neutral colors for fencing
shall include unobtrusive shades of sand, grey, green, blue, brown, or other
colors approved by the PRC.
f. Upon completion of a well as a commercial producer, any apparatus used in the
production of the well, including pump jacks, shall be enclosed as to prevent any
entry by unauthorized persons and to prevent well equipment from being seen.
The enclosure walls shall be solid and constructed with privacy fence materials
and shall be high enough to restrict the view of any well equipment including the
pump jack. The enclosure shall remain locked at all times unless the well is eing
serviced by the operator or its service companies.
The shall at all times be kept free of debris, pools of oil, water or other liquids, weeds, brush,
trash, or other waste material.
All discarded SI-~rplus materials, supplies, and refuge shall be removed from the operation site no
later .than thirty (30) days after completion of drilling operation.
Permittee shall erect and maintain signs which identify the well by name, the operator, his
address and a 24 hr emergency contact telephone number at the well site and at the intersection
of the well site access road with the public street.
A Permanent weatherproof signs reading "DANGER NO SMOKING ALLOWED" shall be posted
at the entrance of the well site and tank battery.
The production site shall be enclosed by a chain-link fence. It shall have a gate which shall be
kept closed and locked except while occupied by Permittee, Permittee's personnel, Permittee's
agentslrepresentatives, City Engineerldesignate or the Fire Department. The fence shall not be
less than six (6) feet high and shall be topped with not less than three (3) strands of barbed wire.
Corner posts shall be anchored in concrete. The City Engineer shall be provided the combination
to the gate lock.
Only electric prime movers or motors shall be permitted for the purpose of pumping wells.
All production equipment on the site shall be painted and maintained at all times, including
pumping units, storage tanks, buildings and structures. Perrr~ittee shall paint purr~ping units,
storage tanks, and vessels a neutral color, or such other color scheme as may be approved by
the City Planner.
IVo person shall allow, cause, or permit gases vented into the atmosphere to be burned by open
flame except as allowed by law or permitted by the Commission.
Production and storage tanks shall be contained within earthen berms constructed in accordance
with applicable oil field practice. Berms shall be constructed and maintained to retain not less than
133O/0 of the capacity of the largest of such tanks.
No street or alley may be blocked or obstructed by any drilling or producing operations unless
prior consent is obtained by the operator in the form of a resolution adopted by the Council,
except when necessary to protect life or property in connection with emergency operations being
conducted.
No person shall place, deposit, discharge, cause, or permit to be placed, deposited, or
discharged, any oil, naphtha, petroleum, asphalt, tar, hydrocarbon substances, or any refuse,
including wastewater or brine, from any oil and gas operation or the contents of any container
used in connection with any oil operation in, into, or upon any public right-of-way, storm drain,
ditch or sewer, sanitary, drain or sewer, any body of water, or any private property in the City.
No drilling equipment, re-working equipment, other portable equipment or idle equipment which
are not essential to the everyday operation of the activity located thereon shall be stored on the oil
or gas operation site.
Lumber, pipes, tubing, and casing shall not be left on the site except when drilling or well servicing
operations are being conducted.
No person, owner, or operator shall store or park any vehicle or item of machinery on any street,
right-of-way, driveway, alley, or upon any oil or gas operation site which constitutes a fire hazard
or an obstruction to or interference with fighting or controlling fires except that equipment which is
necessary for the maintenance of the site or for gathering or transportation of hydrocarbons from
the site. The Fire Department shall be the entity which determines whether any equipment on the
site shall constitute a fire hazard.
VII. WELL SERVICING AND SITE MAINTENANCE:
No re-working shall occur within one hundred feet (1 00') of any oil storage tank, ignition source, or
building.
After completion of well servicing or abandonment, owner shall repair all damage to public
property caused by such servicing or abandonment operations.
At tlie co~iclusion of re-working operations, the drill site shall be cleaned within forty-eight (48)
hours of all equipment and machinery that is not needed to produce the well.
Idle equipment will not be stored on the site. All well servicing equipment shall be removed from
the site within fifteen (1 5) days after completion of a well servicing operation.
After completion of well servicing or abandonment, Operator shall repair all damage to public
property caused by such servicing or abandonment operations.
All property on which an oil or gas operation occurs shall at all times be kept free of debris, pools
of oil, water or other liquids, weeds, brush, trash, or otlier waste material.
VIII. ENVIRONMENTAL UPSETS:
After any leak, spill, or malfunction, the permittee shall remove or cause to be removed to the
satisfaction of the City Engineer, and Fire Department all oil and waste materials from property
affected by such spill, leak or malfunction.
In the event of the loss of control of any well or other oil and gas operation, (i.e., blowout, etc.) the
Operator shall immediately take all reasonable steps to regain control of such activity regardless
of any other provisions of this Ordinance and shall notify the City Engineer as soon as practicable.
IX. EMERGENCY SERVICES:
The permittee or his agent shall be responsible for providing primary fire fighting services.
The College Station Fire Department will provide emergency response and limited fire fighting
services.
X. ACQUISITION AND TRANSFER OF EXISTING OPERATIONS
Transfer of the site operations by Permittee or acquisition of operations at this site by another
party does not constitute transfer of this permit. The transferring party and acql-iring party shall
notify the City Engineer in writing, within ten (1 0) days of the transfer or acquisition.
The notice shall contain the following:
a. The name and address of the person acquiring such well, property or site involving an oil or
gas operation.
b. The name and location of the oil or gas operation.
c. The date of acquisition.
d. A description of the properties and equipment acquired, and the oil or gas operation.
e. The name and address of any individual designated to receive service of notice in
compliance with the notice provision requirements.
XI. SITE ABANDONMENT
During abandonment, Operator shall corr~ply with all applicable sections in this Ordinance
Abandonment shall be approved by the City Engineer after restoration of the drill site and the
subsurface thereof has been accomplished in conformity with the following requirements:
a. All tanks, towers, and other surface installations are removed from the site.
b. All concrete, piping, wood, and other foreign materials regardless of depth, except surface
casing, are removed from the site, unless otherwise directed by the Commission.
c. All holes and depressions are filled with clean compatible soil.
d. All oil, waste oil, refuse, or waste material is removed from the site.
e. Operator pays an abandonment fee in an amount set by Council resolution.
XII. PERMIT SUSPENSION OR REVOCATION
The City Engineer may, in writing, suspend or revoke any permit issued under the provisions of
this article upon finding any of the following:
a. Perrr~ittee failed, neglected, or refused to perform and comply with the conditions of this
Permit.
b. Permittee failed, neglected, or refused to comply with or abide by, or in any way violated
any provision of this Ordinance or any regulation, law, rule, or order either directly or
indirectly, by reason of or in connection with or incidental to the conduct of his oil or gas
operation.
c. Any of the Permittee's operations or the continuance thereof upon the premises covered by
the permit is a menace or hazard to public or private property, or to any interest of the City,
or to the lives or safety of persons.
d. Any of the Permittee's operations or the continuance thereof upon the prerr~ises covered by
the permit constitutes a public nuisance.
e. Permittee made any willful misrepresentation of facts in any application for any such permit
or in any report or record required by this Ordinance to be submitted to the City
f. Permittee illegally burned or allowed to burn oil, gas, or other hydrocarbons in the City.
CHECK LIST FOR ISSUANCE
The following items must have been received and on file with the City before this permit is issued:
Approved Drainage Development Permit: Not Required
Certified Postage re-irnbursement:
Public Notice re-imbursement:
Considered by City Council this - day of ,2009
Issued this the - day of ,2009
City Engineer Date
City Secretary Date Fire Marshall Date
November 9, 2009
Regular Agenda Item No. 5
1401 University Drive East - 20 ft Public Utility Easement Abandonment
To : Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Public Hearing, presentation, possible action, and discussion approving
an ordinance vacating and abandoning a 1,265 square foot, 20-foot wide public utility
easement, which is located on Lot 3C of Block 1 of the Gateway Phase 3 Subdivision
according to the plat recorded in Volume 9112, Page 138 of the Deed Records of Brazos
County, Texas.
Recommendation(s): Staff recommends approval of the ordinance.
Summary: This easement abandonment accommodates the development of this subject
tract as Staybridge Suites. There are no public or private utilities in the subject portion of
easement to be abandoned.
The 1,265 square foot, 20-foot wide public utility easement to be abandoned is located on
Lot 3C of Block 1 of the Gateway Phase 3 Subdivision according to the plat recorded in
Volume 9112, Page 138 of the Deed Records of Brazos County, Texas.
Budget & Financial Summary: N/A
Attachments:
1. Attachment 1 - Vicinity Map
2. Attachment 2 - Location Map
3. Attachment 3 - Ordinance
4. Attachment 4 - Ordinance Exhibit "A"
5. Attachment 5 - Application for Abandonment (On file with the City Secretary)
ORDINANCE NO.
AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING
AND ABANDONING A 1,265 SQUARE FOOT, 20-FOOT WIDE PUBLIC UTILITY
EASEMENT, WHICH IS LOCATED ON LO'T 3C OF BLOCK 1 OF THE GATEWAY
PHASE 3 SUBDIVISION ACCORDING TO THE PLAT RECORDED IN VOLUME
9112, PAGE 138 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS.
WHEREAS, the City of College Station, Texas, has received an application for the vacatioil and
abandonment of a 1,265 square foot, 20-foot wide public utility easement, which is located on
Lot 3C of Block I of the Gateway Phase 3 Subdivision according to the plat recorded in Volume
91 12, Page 138, of the Official Records of Brazos County, Texas, as described in Exhibit "1"
attached hereto (such portion hereinafter referred to as the "Easement"); and
WHEREAS, in order for the Easement 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 Easement described in
Exhibit "1 " attached hereto and made a part of this ordinance for all puiposes.
1. Abandonment of the Easement 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 Easement.
3. There is no anticipated future public need or use for the Easement.
4. Abandonment of the Easement will not impact access for all public
utilities to serve current and hture customers.
PART 2: That the Easement as described in Exhibit "I" be abandoned and vacated by the
City.
ORDINANCE NO. Page 2
PASSED, ADOPTED and APPROVED this day of ,2009.
APPROVED:
Mayor
ATTEST:
City Secretary
APPROVED:
City Attorney
Easement Abandonment
within
Lot 36, Block 1
ÿ he Gateway, Phase 3
Richard Carter Survey, A-8
College Station, Brazos County, Texas
Field notes of a 20'wide strip or parcel of land, lying and being situated in the
Richard Carter Survey, Abstract No. 8, College Station, Brazos County, Texas, and
being part of Lot 3C, Block 1,2.00 acres, according to the final plat of The Gateway
Subdivision Lots 3A, 36, 3C and 3D, Block 1, Phase 3, being a Replat of The
Gateway Subdivision, Lot 1, Block 1, Phase 3,6.21 acres recorded in Volume 91 12,
Page 138, of the Official Records of Brazos County, Texas, and said 20' strip being
more particularly described as follows:
COMMENCING at an "x" found in a concrete sidewalk located in the
northwest line of the beforementioned Lot 3C, Block 1, the said "x" also being at the
north corner of a 20' wide public utility easement as described in Volume 6372,
Page 138, of the Official Records of Brazos County, Texas, an "xUfound in concrete
marking the north corner of the said Lot 3C, bears N 41° 55' 26" E - 66.36 feet;
THENCE S 42" 00' 27" W along the common line between the
beforementioned Lot 3C, Block 1 and Lot 1, Block 1, The Gateway Phase 2,
according to the plat recorded in Volume 5809, Page 7, of the Official Records of
Brazos County, Texas, for a distance of 20.00 feet to the PLACE OF BEGINNING
of this description, in the southwest line of the beforementioned 20' wide public
utility easement;
THENCE S 48" 04' 07" E along the southwest line of the beforementioned
20' public utility easement for a distance of 20.00 feet to a 60d nail set in the
southeast line of a 20' wide public utility easement as created on the Replat and
Final Plat of Block 1, Phases 1 and 3, Gateway Subdivision, according to the plat
recorded in Volume 6372, Page 138, of the Official Records of Brazos County,
Texas;
THENCE S 42O 00' 27" W along the southeast line of the beforementioned
20' wide public utility easement (63721138) for a distance of 70.91 feet and corner
in the west line of the beforementioned Lot 3C, Block 1;
THENCE N 100 30' 15" W along the west line of the beforementioned Lot 3C,
Block 1, for a distance of 25.21 feet and corner at the west corner of the
beforementioned Lot 3C, Block 1;
THENCE N 42O 00' 27" E along the common line between the
beforementioned Lot 3C, Block 1, and Lot 1, Block 1, The Gateway, Phase 2, for
a distance of 55.54 feet to the PLACE OF BEGINNING, containing 1265 square
feet of land, more or less.
Surveyed AyustJOO
I I Prepared 08125109
kes09dvdlgateway ph 3 - 20' pue abandonment - 1265sqH.wpd
KLlNG ENGINEERING AND SURVEYING
BRYAN, TEXAS EXHIBIT NO. 1
- - . . - . . . .
Easement Abandonment
within
Lot 3C, Block I
The Gateway, Phase 3
Richard Carter Survey, A-8
College Station, Brazos County, Texas
1 Field notes of a 20'wide strip or parcel of land, lying and being situated in the
Richard Carter Survey, Abstract No. 8, College Station, Brazos County, Texas, and
being part of Lot 3C, Block 1, 2.00 acres, according to the final plat of The Gateway
Subdivision Lots 3A, 38, 3C and 3D, Block 1, Phase 3, being a Replai- of The
Gateway Subdivision, Lot 1, Block 1, Phase 3,6.21 acres recorded in Volume 91 12,
Page 138, of the Official Records of Brazos County, Texas, and said 20' strip being
more particularly described as follows:
COMMENCING at an "x" found in a concrete sidewalk located in the
northwest line of the beforementioned Lot 3C, Block 1, the said "xu also being at the
north corner of a 20' wide public utility easement as described in Volume 6372,
Page 138, of the Official Records of Brazos County, Texas, an "x" found in concrete
marking the north corner of the said Lot 3C, bears N 41 55' 26" E - 66.36 feet;
THENCE S 42O 00' 27" W along the common line between the
beforementioned Lot 3C, Block 1 and Lot 1, Block 1, The Gateway Phase 2,
according to the plat recorded in Volume 5809, Page 7, of the Official Records of
Brazos County, Texas, for a distance of 20.00 feet to the PLACE OF BEGINNING
of this description, in the southwest line of the beforementioned 20' wide public
utility easement;
THENCE S 48O 04' 07" E along the southwest line of the beforementioned
20' public utility easement for a distance of 20.00 feet to a 60d nail set in the
southeast line of a 20' wide public utility easement as created on the Replat and
Final Plat of Block 1, Phases 1 and 3, Gateway Subdivision, according to the plat
recorded in Volume 6372, Page 138, of the Official Records of Brazos County,
Texas;
THENCE S 42O 00' 27" W along the southeast line of the beforementioned
20' wide public utility easement (637211 38) for a distance of 70.91 feet and corner
in the west line of the beforementioned Lot 3C, Block 1 ;
THENCE N 1 O0 30' 15" W along the west line of the beforementioned Lot 3C,
Block 1, for a distance of 25.21 feet and corner at the west corner of the
beforementioned Lot 3C, Block 1;
THENCE IN 42O 00' 27" E along the common line between the
beforementioned Lot 3C, Block 1, and Lot 1, Block 1, The Gateway, Phase 2, for
a distance of 55.54 feet to the PLACE OF BEGINNING, containing 1265 square
feet of land, more or less.
Prepared 08/25/09
kes09dvd:galeway ph 3 - 20' pue abandonment - 1265sqff.wpd
KLlNG ENGINEERING AND SUSVEYING
BRYAN. TEXAS
~~ -. . -. . .
EXHIBIT NO. 1
1 For Office Use Onlv I
ABANDOhIMENT OF PUBLIC
ROW-OF-WAYlEASENl EEN APPLICATION
X $300 Abandonment of Public Right-of-way (ROW) / Easement application fee.
X A completed copy of the attached Abandonment of Public ROW / Easement application.
X All exhibits processed (except for Exhibit No. 4, which will be processed by staff).
2 A copy of a recent (within 90 days) deed or title insurance policy showing the names of the
owners, or, an older deed or title with a Nothing Further Certificate.
n/a For unplatted property, a signed, sealed and dated metes and bounds description and a
diagram of the property showing the location of the abandonment.
ADDRESS Forest Drive - 700' north of Universitv Drive
LEGAL DESCRIPTION Lot 3C, Block 1, The Gatewav Phase 3
APPLICANT (Primary Contact for the Project):
Name Stewart Klinq - Kling Engineering E-Mail stewart@klinqens.com
Street Address 4101 S. Texas Ave. Suite A
City Brvan State TX Zip Code 77802
Phone Number 979-846-621 2 Fax Number 979-846-8252
PROPERTY OWNER'S INFORMATION (if different from above):
IVame Salim Ismail, LLC E-Mail
Street Address P.O. Box 2864
City Bryan State TX Zip Code 77805-2864
Phone Number 979-846-8700 Fax Number
The applicant has prepared this application and certifies that the facts stated herein and exhibits
attached hereto are true and correct. /-*-;:.
Date
Page 1 of 8
APPLICATION FOR
THE ABANDONMENT OF A
PUBLIC RIGHT-OF-WAYlEASEgVBENT
g j ,. 1 [, 7 Date:
Location of Right-of-WayIEasement to be Abandoned:
On the west side of Forest Dr. - 700' north of Ur~iversitv Drive
Property Owner's Name & Address: Salim Ismail, LLC, P.O. Box 2864, Bryan, TX
77805
Property Owner's Phone Number: 979-846-8700
TO THE MAYOR AND CITY COUNCIL OF 'THE ClTY OF COLLEGE STATION:
The undersigned hereby makes application for the abandonment of that portion of the
above right-of-way particularly described in Exhibit No. 1, attached. In support of this
application, the undersigned represents and warrants the following:
1. The undersigned will hold the City of College Station harmless, and indemnify it
against all suits, costs, expenses, and damages that may arise or grow out of
such abandonment.
2. Attached, marked Exhibit No. 1, is a sealed metes and bounds description of the
area sought to be abandoned, prepared by a Registered Public Surveyor.
3. Attached, marked Exhibit No. 2, is a copy of a plat or detailed sketch of that
portion of the public right-of-wayleasement sought to be abandoned and the
surrounding area to the nearest streets in all directions, showing the abutting lots
and block, and the subdivision in which the above described right-of-
wayleasement is situated, together with the record owners of such lots.
4. Attached, marked Exhibit No. 3, is the consent of all public utilities to the aban-
donment.
5. Attached, marked Exhibit No. 4, is the consent of the City of College Station staff
to the abandonment.
6. Attached, marked Exhibit No. 5, is the consent of all the abutting property owners,
except the following: (if none, so state)
none
Page 2 of 8
7. Such public right-of-wayleasement should be abandoned because:
-The proposed Stavbridqe 1009 room hotel parking lot will encroach into
a portion of the easement.
8. Such public right-of-wayleasement has been and is being used as follows:
The only utility (either public or .franchise) is a 12" water line.
I swear that all of the information contained in this application is true and correct to the
best 0.f my knowledge and belief.
Owner's Name: Salim Ismail, LLC
Owner's Address: P.O. Box 2864
Btyan, TX 77805
Owner's Phone Number: 979-846-8700
STATE OF TEXAS )
) ACKNOWLEDGMENT
COUNTY OF BRAZOS )
Subscribed and sworn to before me, a Notary Public, this &lh day of
,2009, by &ncd
a.Lcv., W.,, ah
ry Public'in and for
the State of Texas
Page 3 of 8
Application for Abandonment of
a Public Right-of-WayIEasement
Located: On the west side of Forest Dr. - 700' not?h of Universitv Drive -
EXI-IIBIT NO. 1
Attached is a sealed copy of the metes and bounds description of the public right-of-
wayleasement situated in The Gateway, Phase 3 AdditionISubdivision to the City of
College Station, Brazos County, Texas, sought to be abandoned.
Page 4 of 8
Easement Abandonment
within
Lot 3C, Block I
The Gateway, Phase 3
Richard Carter Survey, A-8
College Station, Brazos County, Texas
Field notes of a 20' wide strip or parcel of land, lying and being situated in the
Richard Carter Survey, Abstract No. 8, College Station, Brazos County, Texas, and
being part of Lot 3C, Block 1,2.00 acres, according to the final plat of The Gateway
Subdivision Lots 3A, 3B, 3C and 3D, Block 1, Phase 3, being a Replat of The
Gateway Subdivision, Lot 1, Block 1, Phase 3,6.21 acres recorded in Volume 91 12,
Page 138, of the Official Records of Brazos County, Texas, and said 20' strip being
more particularly described as follows:
COMMENCING at an "x" found in a concrete sidewalk located in the
northwest line of the beforementioned Lot 3C, Block 1, the said "x" also being at the
north corner of a 20' wide public utility easement as described in Volume 6372,
Page 138, of the Official Records of Brazos County, Texas, an "xnfound in concrete
marking the north corner of the said Lot 3C, bears N 41° 55' 26" E - 66.36 feet;
THENCE S 42O 00' 27" W along the common line between the
1 beforementioned Lot 3C, Block 1 and Lot 1, Block 1, The Gateway Phase 2,
according to the plat recorded in Volume 5809, Page 7, of the Official Records of
Brazos County, Texas, for a distance of 20.00 feet to the PLACE OF BEGINNING
of this description, in the southwest line of the beforementioned 20' wide public
utility easement;
THENCE S 48O 04' 07" E along the southwest line of the beforementioned
20' public utility easement for a distance of 20.00 feet to a 60d nail set in the
southeast line of a 20' wide public utility easement as created on the Replat and
Final Plat of Block 1, Phases 1 and 3, Gateway Subdivision, according to the plat
recorded in Volume 6372, Page 138, of the Official Records of Brazos County,
Texas;
THENCE S 42O 00' 27" W along the southeast line of the beforementioned
20' wide public utility easement (637211 38) for a distance of 70.91 feet and corner
in the west line of the beforementioned Lot 3C, Block 1 ;
THENCE N 10°30' 15" W along the west line of the beforementioned Lot 3C,
Block 1, for a distance of 25.21 feet and corner at the west corner of the
beforementioned Lot 3C, Block 1;
THENCE N 42O 00' 27" E along the common line between the
beforementioned Lot 3C, Block 1, and Lot 1, Block 1, The Gateway, Phase 2, for
a distance of 55.54 feet to the PLACE OF BEGINNING, containing 1265 square
feet of land, more or less.
Surveyed Aug~st.pO9
Prepared 08/25/09
kesOBdvd\gateway ph 3 - 20' pue abandonment - 1265sqfl.wpd
I1 I1
KLlNG ENGINEERING AND SURVEYING
BRYAN. TEXAS EXHIBIT NO- I
(1,265 S.F.) METES:
LINE BEARING DISTANCE
L1 S48'04'07"E 20.00'
L2 S42'00'27"W 70.91'
L3 N10'30'15"W 25.21 '
L4 N42'00'27"E 55.54'
COLLEGE STATION, BRAZOS COUNTY, TEXAS
SCALE: 1 "=I 00' AUGUST, 2009
PREPARED BY:
KUNG ENGINEERING & SURVEYING=
4101 TEXAS AV. + P.O. BOX 4234 + BR//W.TW + PH.979/846-6212
Application for Abandonment of
a Public Right-of-WaylEasernent
Located: On the west side of Forest Dr. - 700' north of University Drive -
EXHIBIT NO. 2
Attached is a copy of a plat or detailed sketch of the public right-of-wayleasernent
sought to be abandoned in the above-mentioned application, showing the surrounding
area to the nearest streets in all directions, abutting lots, the block or blocks in which the
portion of the public right-of-wayleasement sought to be vacated is situated, and the
addition or subdivision in which the portion of the public right-of-wayleasement sought to
be abandoned is situated. Also, the names of record owners of the abutting lots are
shown.
Page 5 of 8
Application for Abandonment of
a Public Right-of-WayIEasement
Located: On the west side of Forest Dr. - 700' north of University Drive -
EXHIBIT NO. 3
The undersigned public utility companies, using or entitled to use, under the terms and
provislons of our respective franchises with the City of College Station, that portion of
the public right-of-waylutility easement sought to be abandoned in the Application for
Abandonment above referred to, do hereby consent to the abandonment of the
described portion thereof.
ATMOS ENERGY
\
/
Title . p &% - 1 -
VERIZON TELEPHONE COMPANY
BY:
Tltle
SUDDENLINK COMMUNICATIONS
BY:
Title
BRYAN TEXAS UTILITIES
BY:
Title
Page 6 of 8
Application for Abandonment of
a Public Right-of-WayIEasement
Located: On the west side of Forest Dr. - 700' north of Universitv Drive -
EXHIBIT NO. 3
The undersigned public utility companies, using or entitled to use, under the terms and
provisions of our respective franchises with the City of College Station, that portion of
the public'right-of-waylutility easement sought to be abandoned in the Application for
Abandonment above referred to, do hereby consent to the abandonment of the
described portion thereof.
ATMOS ENERGY
BY:
Title
VERlZOlV TELEPHONE CONIPANY
BY:
Title
BRYAN 'TEXAS U1-ILITIES
BY:
Title
Page 6 of 8
19792688139 P.
Bq : 38 fim COX 1 Commun i cat i 005
Ap llcation for Abandonment of B a ublic Wig htsf-W ayl~asernent
Located: On the west side of Forest Dr. - 700' north of Unlversltv Drlvg -
EXHIBIT NO.
The undersi ned publlc utlllty companies, using or entitled to use, under the t B provislons o our respective franchises with the City of College Statlon, that
the public rlght-of-wsylutility easement sought to be abandoned In the Appll
Abandonment above referred to, do hereby consent to the abandon
described portlon thereof,
ATMOS ENERGY
BY:
Tltle
VERIZON TELEPHONE COhilPANY
BY: _
Tltle
SUDDENLINK COMMUNICATIONS
BY:
TI
BRYAN TEXAS UTILITIES
BY:
Tltle
Application for Abandonment of
a Public Right-of-WaylEasemenP
Located: On tho west side of Forest Dr. - 700' north of University Drive -
EXHIBIT NO. 3
'The undersigned public utility companies, using or entitled to use, under the terms and
provislons of our respective franchises with the City of College Station, that portion of
the public right-of-waylutility easement sought to be abandoned in the Application for
Abandonment above referred to, do hereby consent to the abandonment of the
described portlon thereof.
ATMOS ENERGY
BY:
Title
VERIZON TELEPHONE COMPANY
BY:
Title
SUDDENLINK COMMUNICATIONS
BY:
, ~,N~\P)+
Page 6 of 8
Application for Abandonment of
a Public Right-of-WaylEasement
Located : On the west side of Forest Dr. - 700' north of University Drive -
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-wayleasement
referred to above from the standpoint of City of College Station ordinances and with
respect to present and future needs of the City of College Station and see no objection
to the requested abandonment from the City's standpoint.
. ',&--- ' - 33"k'-~~~~yyp >
Zonina OfficiX
City of~ollege~~tation
Electric Department
City of College Station
C%nlk.
Building Official
City of college Station
Fire Marshal
City of College Station
Water Services Department
City of College Station
Page 7 of 8
09/119/2009 08:50 FAX 979 '784 34.52 COLLEGE STATION PUB. UTL.
-
Application for Abandonment of
a Public Right-of-WaylEasernent
Located: On the west side of Forest Or. - 700' north of University Drlve _
EXHIBIT NO. 4
The undersigned, City staff of the City of College Station, certify that they have carefully
considered the Appllcatlon for Abandonment of the publlc Aght-of-wayleasement
referred to above from the standpoint of Ciiy of College Station ordinances and with
respect to present and future needs of the City of College Station and see no objection
to the requested abandonment from the City's standpoint.
Gity Engineer Buildlng Offlclal
City of College Station City of College Station
Loning Official
City of College Station
Electric Department
City of College Station
Fire Marshal
City of College Station
Ci of College ~taiion
Application for Abandonment of
a Public Right-of-Way/Easemant
Located: On the west sjde of Forest Dr. - 700' north of UnIversh Drive
EXHIBIT NO. 4
The undesigned, City staff of [he City of College Station, cert'm Lhat they have carelully
cansidered the Application Tor Abandonmen1 of the public rightof-wayleasement
mferred to above from the standpoint of City of College Station ordinances and with
respect to present and future. needs of the City of College Station and see no objection
to the requested abandonment from Ihe C~ty's stafidpoint.
-- City En ineer cw of Eo~~ege Station
Buildlng OHicial
City of C~llege Station
Zoning ofncial
City ot College Station
Electric Department
City of Collego Station
Water Servlces Department
City of Collcge Station
COP6 POL 6L0 XYd TC: PT 311L 00/811/O0
09/10i2009 09:05 FAX 979 781 3152 COLLEGE STATION PUB. UTL.
Application for Abandonment of
a Public Right-of-WayIEasement
Located: On the west side of Forest Dr. - 700' north or Universitv Drive -
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-wayieasement
referred to above from the standpoint of City of College Station ordinances and with
respect to present and future ne~ds Of the City of College Station and see no objection
to the requested abandonment from the City's standpoint.
Citv Enaineer Biiildlna Official -. Cltjr bf College Station City ofEollege Station
Zoning Official
City of College Station
Fire Marshal
City of College Station
&ity of Coll&ge Station
Wat~r '&vices Department
City of College Station
Application for Abandonment of
a Public Right-of-WayIEasement
Located: On the west side of Forest Dr. - 700' north of Universitv Drive -
EXHIBIT NO. 5
The undersigned, owners of property abutting upon that portion of the public right-of-
wayleasement named and described in the Application for Abandonment of a Public
Right-of-WayIEasement referred to above, do hereby consent to such abandonment.
NAME: Brazos Gatewav PI&% Development, Ltd.
NAME:
ADDRESS:
NAME:
ADDRESS:
NANIE:
ADDRESS:
Page 8 of 8
November 9, 2009
Regular Agenda Item No. 6
Bicycle, Pedestrian and Greenways Master Plan
To : Glenn Brown, City Manager
From: Bob Cowell, AICP, Director of Planning and Development Services
Agenda Caption: Presentation, possible action, and discussion on an update regarding
the Bicycle, Pedestrian and Greenway Master Plan.
Summary: The Bicycle, Pedestrian and Greenways IYaster Plan, a component of the College
Station Comprehensive Plan is currently being updated. The planning process began in
IVovember 2008 with an inventory of existing bicycle, pedestrian and greenway facilities and
the selection of a technical task force and staff resource team. Over the past year, staff has
provided updates on the progress of the plan including a needs assessment and system
recommendations. Citizen engagement has included two community meetings, an online
survey and focus groups.
Staff will provide an update on the planning process including an update to the timeline (see
attached) which has a new proposed completion date of early 2010. An overview of system
management and design guideline recommendations will also be provided.
Budget & Financial Summary: N/A
Attachments:
Project Scope and Timeline
Bicycle, Pedestrian and Greenways Master Plan
Timeline/Scope
ct Initiation Needs Plan Adoption
W n
0
U
V)
Nov 08 -Jan 09 Feb. - March April - May June - September October - November December - January
Online Survey Online Survey
Community Meeting Community Meeting
Focus Groups Stakeholder Meetings
Community Meeting Public Hearings
Online Comments to
Draft Plan
November 9, 2009
Regular Agenda Item No. 7
Holleman Extension Update
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action, and discussion regarding the extension of
Holleman Drive from its intersection with FIY 2818 and making a connection to the existing
Jones-Butler roadway just east of the Dowling Road Pump Station.
Summary: Staff and TxDOT made a presentation to Council on February 12~~ where a
planned grade separation at the intersection of Wellborn and FM 2818 was described.
During that presentation it was pointed out that the intersection of Jones Butler and FM
2818 would be blocked by this construction project. Staff began working with the developer
of the nearby Capstone development at that time to extend Holleman Drive so that through
City participation there would be a connection to Jones Butler providing access to FM 2818
at the signalized intersection with Holleman. In April Council approved a contract with
Mitchell & Morgan to design the portion of the roadway that will be contained on City
property.
The developer's plans have been put on hold due to economic conditions and they are
unable to construct the Holleman extension within a time frame desired by the City. Staff
proposes that the City construct the roadway and recover the developer's share of
construction cost through a paving assessment.
The key ingredient to making this project happen is that the necessary right-of-way and
easements be dedicated by the developer. Staff is in the process of negotiating these
dedications. Once the land is dedicated the project will be ready to bid. The bidding and
construction process will take 6 to 8 months.
Budget & Financial Summary: Staff proposes to fund this project with street capital
funds from the 2003 general obligation bond funds.
Attachments:
1. Project Map
2. Project Timeline
3. Cost and assessment estimate
Today
Holleman Extension
Estimated Project Time Line
November 9,2009
Task Duration Date
ROW Dedication 2 to 6 weeks 12/24/09
Bidding Process 4 to 6 weeks 1/8/10
Contract Award 2 to 4 weeks 1/29/10
Begin Construction 2/1/10
Project Completion 16 to 24 weeks 6/18/10
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I IIIIIIIIIII IIIIIIIIIIIIIIII
U UUUUUUUUUUU UUUUUUUUUuUUUUUU ~~$%$$$$$$$$$$$~%++~ 5 +$$$$$$$$$22$$$$$
Erosion Control Plan &Sedimentation Control (per Item 106)
(includes silt fencing, construction exits, straw bale barriers, inlet 73 protection, grass seeding, and any other sedimentation control
devices) L.5. $ 15,000.00
Project Total
$ 2,646,842.25
Assessable
$ 2,033,042.63
ASSESSABLE
TOTAL FRONTAGE COSTS $/FOOT
5279.83 $2,033,042.63 $385.06
* Other costs include unassessed roadway expenses, and utility costs
OWNER
CAPSTONE
COLLEGE STATION
TOTAL
FRONTAGE
3042.96
2236.87
5279.83
ASSESSMENT
$1,171,717.15
$861,325.47
$2,033,042.63
OTHER COSTS*
$0.00
$613,799.63
$613,799.63
TOTAL
$1,171,717.15
$1,475,125.10
$2,646,842.25
November 9, 2009
Regular Agenda Item No. 8
Convention Center Update
To : Glenn Brown, City Manager
From: David Gwin, Director of Economic and Community Development
Agenda Caption: Presentation, possible action, and discussion regarding an update on the
convention center project.
Summary: In March of 2009, staff released a Request for Qualifications (RFQ) for firms
interested in the master planning and design of a new convention center facility for the City
of College Station. In October of 2009, and in order to insert two additional steps into the
project's planning process, the City rejected the referenced qualifications in order to pursue
an RFQ that will now update the 2005 market study and feasibility analysis which supported
the construction of the convention center and also engage major stakeholders in this
assessment process. To date, staff has begun drafting the new RFQ and seeks Council input
as to the current direction of this important project.
Budget & Financial Summary: N/A
Attachments:
Attachment 1 - 2005 Johnson Consulting Study Executive Summary
2005 Johnson Consulting Study - Executive Summary
Executive Summary
As contemplated, the proposed convention would feature exhibition, ballroom, and meeting space.
The presence of the latter two facility elements will contribute to the use of the facility by area
residents and companies in search of appropriately sized venues for functions that place a premium
on quality and service such as banquets, awards dinners, and other social functions. This
component will provide a new asset for the community by supporting and encouraging local use, as
well as university-related conferences, etc.
In comparison, many of Bryan-College Station's peer markets - from Austin to Arlington and Corpus
Christi to South Padre - have invested in public facilities of this nature and, as a result, are attracting
use and visitation that might otherwise be interested in the Bryan-College Station market. Given the
presence of Texas A&M, the geographic location in relation to Texas' major population centers, and
all of the other resources in Bryan-College Station, it is not surprising that event planners and
others continue to express an interest in the market. Yet, they currently have no appropriate
options to host events.
With the relative affordability of the market and other advantages, including the exceptional
emotional attachment toward Texas A&M, Bryan-College Station is a natural location for a
convention, conference, and meetings facility. The addition of a multi-component convention
facility in Bryan-College Station will allow the market to bring more, and larger, events into the
area, as well as to penetrate the growing meetings market. Much of the expected demand at the
convention center will be statewide or regional in nature, including rotating state association
events. This is a marked departure from the existing events market in Brazos County which is
dominated by smaller, consumer-focused shows that have a limited geographic reach. Further,
there is also a need for new social and civic space in the market to host the considerable banquet
and other activity that is currently occurring, but has no room to grow. With the addition of this
space, these events could increase in size, and create new opportunities for the existing properties
in the market.
Based on the updated market study, review of the regional and contemplated business opportunity,
we have assumed the physical program shown in Table 2-1.
Table 2-1
Bryan-College Station Convention Center
Updated Building Program
Size or Units % of Total
I. Enclosed Space
Exhibition Hall 20,000 SF 22%
Ballroom 12,500 SF 14%
IMeeting Rooms 10,000 SF 11%
Service and Support 47,222 SF 53%
Total Enclosed Space 89,722 SF 100%
Source: Johnson Consulting
The phase one program calls for 20,000 square feet of exhibit space, a 12,500 square foot ballroom,
10,000 square feet of breakout meeting rooms and support space of 47,000 square feet. The
building should be designed in such a way that it can be expanded multiple times in the future. We
2005 Johnson Consulting Study - Executive Summary 2
would expect an eventual ballroom size of 20,000 square feet and exhibit space of up to 90,000
square feet at full build-out over a period of 20 - 25 years.
In reflection of this business model and to provide proper support for the convention center, it is . - . -
also recommended that at least 200 full-service hotel rooms-be developed adjacent to the
convention center. While it is recommended that the full-service hotel-have its own function space,
due to cost constraints, the first phase will have the convention center acting as the hotel's meeting
component. Given this total program, approximately 500 parking spaces should also be
contemplated, either on site or nearby.
Outside of ownership considerations, Johnson Consulting also suggests a private management firm
be contemplated for the potential facility, as it will preclude any operating conflicts that may arise if
the facility is publicly operated or controlled by a single body. Such a firm could be a hotel operator.
Table 2-2 summarizes the projected event schedule for the facility by event type.
Table 2-2
Bryan-College Station Convention Center
I Projected Event Demand I
I Year 1 Year 2 Year 3 Year 4 I Year 5 I Year 6 Year 7 Year 8 Year 9 Year 10
Exhibit Event I Conventions/Trade Shows l8 10 11 121 131 13 13 13 13 131
Non-Exhibit Events
Meeting and Seminars
Banquets
Concerts and Entertainment
Consumer ShowsISpecialty Expos
Subtotal
Total Events
10 12 14 16
18 2 2 2s 28
OtherICivic Events
Total Event Days
Exhibit Hall Occupancy
Source: Johnson Consultino
In the first year of operation, the convention center is projected to host 125 events. The exhibition
hall is projected to host 18 events, including eight conventions or trade shows and ten consumer
shows or specialty expos. Another 107 non-exhibit events are projected for the convention center's
ballroom and meeting space. This includes a total of 60 meetings, 30 banquets, five concerts and
entertainment events, and 12 "other" or civic events.
18
3 1
12 16 19 22
Table 2-3 summarizes the projected total annual attendance at the convention center by event type.
18 18 18 18 18
3 1 31 31 31 3 1
Subtotal
25
107 121 132 144) 1551 155 155 155 155 155
25 25 25 25 25
2005 Johnson Consulting Study - Executive Summary
Table 2-3
As the table shows, total attendance is projected to be approximately 48,500 in Year 1, including
24,500 attendees from the exhibit hall events and 24,000 from the non-exhibit events. In Year 5,
attendance is projected to increase to 80,200.
Bryan-College Station Convention Center
Projected Attendance
Table 2-4 summarizes the projected annual number of room nights from the convention center's
demand. The estimate is based on assumptions of length of stay and percentage of attendees who
are from out of town and require lodging as shown in the first two columns of the table.
Table 2-4
Year 6 Year7 Year 8 Year9 Year 10
9,400 9,400 9,400 9,400 9,400
33,200 33,200 33,200 33,200 33,200
42,600 42,600 42,600 42,600 '42,600
9,800 9,800 9,800 9,800 9,800
13,000 13,000 13,000 13,000 13,000
3,400 3,400 3,400 3,400 3,400
11,400 11,400 11,400 11,400 11,400
37,600 37,600 37,600 37,600 37,600
80,200 80,200 80,200 80,200 80,200
Bryan-College Station Convention Center
Projected Number of Room Nights Generated -
5ource:lohnson Consulting
Year 5
9,400
33,200
42,600
9.800
13,000
3.400
11,400
37,600
80,200
Exhibit Event
ConventionsITrade Shows
Consumer ShowsISpecialty Expos
Subtotal
Non-Exhibit Events
Meeting and Seminars
Banquets
Concerts and Entertainment
OtherICivic Events
Subtotal
Total Events
Year 1 Year 2 Year3 Year 4
5,900 7,300 8,100 8,600
18,600 22,800 25,700 30.100
24,500 29,900 33,800 38,700
7,700 8,100 8,800 9,200
8,100 9,500 10,600 11,900
2,900 3,400 3,400 3,400
5,300 7,400 8,600 9.900
24,000 28,400 31,400 34,400
48,500 58,300 65,200 73,100
I Conventions/Trade Shows 1 2.4 60% 1 9,500 11,100 12,000 12,1001 13,2001 13,200 13,200 13,200 13,200 13,2001
Exhibit Events
Length of % Non- Year 1 Year2 Year 3 Year4
Stay* Local*'
I
Consumer ShowsISpecialty Expos
Subtotal
'In number of days
"lndicotes the percentage of event otrendees who ore from out of town ANOrequire lodging ondchoose to slay in Bryan-CollegeStorion oreo.
Source.lohnson Consulting
Nan-Exhibit Events
Meeting and Seminars
Banquets
Concerts and Entertainment
Other/Civ~c Events
Subtotal
Total
As the table shows, a total of 18,370 room nights are projected in Year 1, and the majority of the
room nights are attributable to exhibit hall events. In Year 5, the number of room nights is
projected to increase to approximately 24,420.
Year5
0.6 3%
Table 2-5 presents the projected operating statement for the facility's first ten years of operation.
Year6 Year7 Year8 Year9 Year 10
1.4 57%
1 7%
1 4%
1 9%
2,500 2,600 2,400 2,500
12,000 13,700 14,400 14.600
5,300 5,500 6,100 6,400
570 660 740 830
100 120 120 120
400 500 600 700
6,370 6,880 7,560 8,050
18,370 20,580 21,960 22.650
2.500
15.700
2,500 2,500 2,500 2,500 2,500
15,700 15,700 15,700 15,700 15,700
6,900
900
120
800
8,720
24,420
6,900 6,900 6,900 6,900 6,900
900 900 900 900 900
120 120 120 120 120
800 800 800 800 BOO
8,720 8,720 8,720 8,720 8,720
24,420 24,420 24,420 24,420 24,420
2005 Johnson Consulting Study - Executive Summary 4
Table 2-5
Bryan-College Station Convention Center
Projected Operating Proforma (in $000's, Inflated)
Other
Total Revenues
Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10
Operating Expenses
Direct Expenses
Revenues
Space Rental
Equipment Rental
Event Se~ices
Food and Beverage Services (Net)
Contract Services
Utilities
Building Maintenance and Repair
Supplies
Insurance
Other Direct Expenses
Subtotal
Indirect Expenses
General and Administrative
Wages and Salaries
Employee Benefits
Advertising and Promotion
$268 $321 $365 $407
156 189 216 242
134 160 182 204
176 208 261 290
Other Expenses
Subtotal
Total Operating Expenses
Advertising Revenues (Net) 1 51 52 54 55
$457
272
229
322
As shown in the table, in the first year of operation, the convention center is projected to generate
revenues of $827,000 and incur approximately $1.1 million in operating expenses. After
management fee and reserve for replacement, the facility's net deficit is projected to be $413,000 in
Year 1. In Year 5, the facility's net deficit is projected to decrease to $213,000.
$469 $481 $493 $505 $518
179 286 293 300 308
234 240 246 252 259
331 340 349 359 368
56
Net Operating Income (Deficit)
Management Fee
Reserve for Replacement
Net Income (Deficit)
Before Other Charges
Based on the building program summarized earlier in this section, a preliminary capital cost
estimate was developed, as shown in Table 2-6.
58 59 61 62 64
Source:lohnson Consulting
$ (288) $ (219) $ (126) $ (128)
$100 $104 $109 $113
$25 $29 $34 $38
$ (413) $ (352) $ (2691 $ (2791
$ (53)
$117
$42
$ (213)
$ (54) $ (55) $ (56) $ (56) $ (57)
$118 $119 $121 $122 $123
$43 $44 $46 $47 $48
$ (216) $ (219) $ (222) $ (224) $ (228)
2005 Johnson Consulting Study - Executive Summary
Table 2-6
Bryan-College Station Convention Center
Estimated Development Budget - Phase I
Size or Units Unit Cost Cost
I. Enclosed Space
Exhibition Hall 20,OOOSF $165/SF $3,300,000
Meetings and Banquet 22,500 SF $185/SF 4,162,500
Service and Support 47,222 SF $187/SF 8,830,556
Total Enclosed Space 89,722 SF $16,293,056
II. Unenclosed Space 20,485 SF $65/SF $1,331,532
Ill. Surface Parking 667 spaces $1,50O/space $1,000,500
IV. Landscaping and Site Amenities $75,000
Total Construction Cost $18,700,087
V.Soft Cost Allowances 14.0% of constr. cost $2,618,000
Professional Services 10.0% of constr. cost 1,870,000
FF&E Allowance 10.0% of subtotal cost 2,3 18,800
Contingency
Potential Project Budget $25,506,887
Source: Johnson Consulting
As shown in the table, the convention facility of the proposed size, at the high end of the quality
spectrum and incorporating all recommended program elements, will cost approximately $18.7
million to construct. Including the soft costs (i.e., professional services, allowance for fixture,
finishes, and equipment, and contingency), total development budget is $25.5 million.
Table 2-7 shows the estimated economic impact of the proposed Bryan-College Station Convention
Center events. Johnson Consulting utilized the IMPLAN input-output model to estimate indirect and
induced impacts. IMPLAN is a nationally recognized model commonly used to estimate economic
impacts. An input-output model analyzes the commodities and income that normally flow through
the various sectors of the economy. The indirect and induced spending and employment effects
represent the estimated changes in the flow of income and goods caused by the direct spending
associated with the enhanced facilities.
2005 Johnson Consulting Study - Executive Summary
Table 2-7
As shown in the table, Johnson Consulting projects, that in their stabilized year of operation, the
proposed Bryan-College Station Convention Center is estimated to generate approximately $12.2
million in total direct, indirect, and induced spending, $1.2 million in personal income, and 66 jobs,
including impacts from both transfer spending and net new spending. Fiscal impacts are shown in
the balance of this report.
Bryan-College Station Convention Center
While the cost and development of the facility represents a significant investment to for the
community, the economic and fiscal impacts listed above articulate the value and contribution of
this facility to Bryan-College Station, as well as Brazos County. Equally important to the ongoing
consideration of this project is the direct link between its development and the creation of new
business opportunity for the community. And, as these opportunities generate additional public
resources, the development of this facility also represents a vehicle that makes effective use of
public resources such as the venue tax because the activity in the building helps to spur growth in
this fiscal resource resulting, in time, in a net gain to the community.
Convention Center
Direct Spending
Indirect Spending
Induced Spending
Total
Personal Income
Employment (in FTE)
Notes:
Colume (a) represents economic impact from spending by City residents
Column (b) represents economic impact from spending by all out-of-City visitors.
Column (c) is o subset of Column (b). It expresses economic impoct from spending by all visitors from outside Brazos
County.
Column (d) is a subset of Column (c). It expresses economic impoct from spending by all out-of-state visitors.
Column (e) represents total economic impact from spending by locals and non-locals.
Column (e) = Column (a) + Column (b)
Source: Johnson Consulting
Economic Impact ($Millions)
Gross City
Total
(4
$8.7
1.6
1.9
$12.2
$1.2
66
From
Transfer
Spending by
Locals
(a)
$3.4
0.9
1.1
$5.3
$0.7
38
Net New Net New Net New to
to City to County State
fb) (c) (4
$5.3 $4.6 $1.2
0.7 0.7 0.3
0.8 0.7 0.4
$6.9 $6.0 $1.9
$0.5 $0.5 $0.2
28 24 6
November 9, 2009
Regular Agenda Item No. 9
Code Coordination Sub-committee Formation and Appointments
To: Glenn Brown, City Manager
From: Bob Cowell, AICP, Director of Planning & Development Services
Agenda Caption: Presentation, possible action, and discussion regarding the establishment
of a Code Coordination Sub-committee of various Boards, Commissions, and Council
involved in the implementation and enforcement of the Unified Development Ordinance and
other development related regulations and standards and appointment of membership to
the same.
Recommendation(s): Staff recommends the Council form the sub-committee based on
the criteria provided in the attached memo and that Council members and members from
the other Boards and Commissions be appointed.
Summary: At their annual Council retreat, the Council prioritized the establishment of a
"UDO Oversight Committee". At a recent Council meeting, the Council instructed staff to
bring this item forward at a future Council meeting for discussion. Staff presented this item
to Council in September at which time Council concurred with the staff proposals and asked
that the item be brought back for formal ratification and sub-committee appointments.
The attached memo provides the form of the sub-committee, its charge, composition, etc.
It is anticipated that the first meeting of the sub-committee will be held in January 2010.
Budget & Financial Summary: NA
Attachments:
1. Staff Memo
November 9, 2009
To : City Council
From: Bob Cowell, AICP, Director of Planning & Development Services
RE: Establishment of a Code Coordination Sub-committee
Code Coordination Sub-committee (CCC)
Purpose Facilitate coordination among the Council, Boards, and Commissions
that use/implement City development codes and regulations resulting
in an effort to keep the codes and regulations responsive to current
needs and methods.
Scope of Authority: 'the Su b-committee is a coordination committee offering analysis and
recommendation to the Council regarding adopted codes and
regulations. The Sub-committee is not a decision-making body nor is
it intended to review specific amendments to codes and regulations,
which remain the purview of the P&Z Commission and City Council.
Membership: The Sub-committee shall consist of the following members:
(2) City Council appointees - The Mayor and one other Council
Member. The Sub-committee shall be chaired by the Mayor or his
appointee
The Chair of the Planning & Zoning Commission or his/her designee
The Chair of the Zoning Board of Adjustment or his/her designee
The Chair of the Design Review Board or his/her designee
The Chair of the Landmark Commission or his/her designee
Meetings: The Sub-committee shall meet as deemed necessary by the
membership but not less than quarterly. One of the meetings shall be
concurrent with the annual Comprehensive Plan and UDO reviews
conducted by the P&Z Commission and City Council.
Miscellaneous: 'the Sub-committee shall be supported by the staff of the Planning &
Development Services and other City staff as deemed necessary. The
Sub-committee shall develop and maintain Rules of Procedure to
govern their operations.