Loading...
HomeMy WebLinkAbout03/26/2009 - Regular Agenda Packet - City Council (2)Mayor Councilmembers Ben White John Crompton Mayor Pro Tem James Massey Lynn McIlhaney Dennis Maloney City Manager Lawrence Stewart Glenn Brown David Ruesink Amended Agenda College Station City Council Regular Meeting Thursday, March 26, 2009 at 7:00 PM City Hall Council Chamber, 1101 Texas Avenue College Station, Texas 1. Pledge of Allegiance, Invocation, Consider absence request. Presentation of Proclamation from the Office of the Mayor to the City of Salamanca, Mexico. Hear Visitors: A citizen may address the City Council on any item which does not appear on the posted Agenda. Registration forms are available in the lobby and at the desk of the City Secretary. This form should be completed and delivered to the City Secretary by 6:30 pm. Please limit remarks to three minutes. A timer alarm will sound after 2 1/2 minutes to signal thirty seconds remaining to conclude your remarks. The City Council will receive the information, ask staff to look into the matter, or place the issue on a future agenda. Topics of operational concerns shall be directed to the City Manager. Consent Agenda Individuals who wish to address the City Council on a consent or regular agenda item not posted as a public hearing shall register with the City Secretary prior to the Mayor’s reading of the agenda item. Registration forms are available in the lobby and at the desk of the City Secretary. The Mayor will recognize individuals who wish to come forward to speak for or against the item. The speaker will state their name and address for the record and allowed three minutes. A timer will sound at 2 1/2 minutes to signal thirty seconds remaining for remarks. 2. Presentation, possible action and discussion of consent agenda items which consists of ministerial or "housekeeping" items required by law. Items may be removed from the consent agenda by majority vote of the Council. a. Presentation, possible action, and discussion on approval of minutes for City Council Workshop and Regular Meeting March 12, 2009. b. Presentation, possible action, and discussion regarding approval of Change Order #1, in the amount of $16,270.00 to contract 07-263 with Mitchell & Morgan, LLP, to adjust scope of services for design of Nantucket Gravity Sewer line. c. Presentation, possible action, and discussion regarding approval of Change Order 2 to Contract 07-243 with Weisinger Water Wells for a $32,492 reduction in the contract price and extending the time of completion to March 8, 2009. 1 City Council Regular Meeting Page 2 Thursday, March 26, 2009 On Behalf of the Citizens of College Station, Home of Texas A&M University, We will continue to Promote and Advance the Community’s Quality of Life d. Presentation, possible action, and discussion regarding a resolution awarding a professional services contract for the design of the Southwood Phase 5-7 Project to Bleyl & Associates in an amount not to exceed $427,882.00 and approval of a resolution declaring intention to reimburse certain expenditures with proceeds from debt. e. Presentation, possible action, and discussion regarding a resolution awarding a professional services contract for the design of the Water Reclamation Project to Lockwood, Andrews & Newnam, Inc. in an amount not to exceed $431,000.00. f. Presentation, possible action, and discussion regarding approval of a Resolution that will authorize City staff to negotiate and buy easements needed for the Water Reclamation Project and the future development of a bicycle and pedestrian facility project. g. Presentation, possible action, and discussion regarding a resolution awarding a professional services contract for the design of the COCS Beautification Project to Hester Engineering Company in an amount not to exceed $59,750.00. h. Presentation, possible action, and discussion regarding Change Order number 1 to contract 06-237 with Jones & Carter in the amount of $15,000 to design the construction of water and wastewater lines along the section of W.D. Fitch Parkway that was annexed in 2002. i. Presentation, possible action, and discussion to authorize funds for professional legal services from Coats Rose Ryman and Lee for litigation concerning the Chavers litigation. Expenses paid to date plus anticipated legal costs are estimated to be $150,000. j. Presentation, possible action, and discussion regarding the approval of the Roam Master Agreement for an Automated Street Light Monitoring System in the amount of $398,625.00 to be installed by ROAM, a division of Acuity Brands Technology Services, Inc and approval of a resolution declaring intention to reimburse certain expenditures with proceeds from debt. k. Presentation, possible action, and discussion regarding award of bid #09-30 to Brazos Valley Services to provide Type D Hot Mix Asphalt in an amount not to exceed $1,000,000.00 ($50.00 per ton). A secondary contract is requested for the provision of this material by the second bidder, Knife River, in an amount not to exceed $51,000.00 ($51.00 per ton) only in emergency situations when Brazos Valley Services is unable to provide material. l. Presentation, possible action and discussion regarding approval of an annual contract with Knife River for Item 1 – “Type D Asphalt Installed” at $62.40 per ton and Item 2 – “Emulsified Asphalt Installed” at $2.25 per ton. The cost for the total of Item 1 and Item 2 is not to exceed $629,625.00. m. Presentation, possible action, and discussion regarding award of a contract for the annual blanket purchase order for janitorial supplies, Bid #09-44, to Criswell Distributing, in the amount of $51,208.25. n. Presentation, possible action, and discussion regarding an Advance Funding Agreement (AFA) with the Texas Department of Transportation (TxDOT) to allow the city to install trees along Texas Avenue. 2 City Council Regular Meeting Page 3 Thursday, March 26, 2009 On Behalf of the Citizens of College Station, Home of Texas A&M University, We will continue to Promote and Advance the Community’s Quality of Life o. Presentation, possible action, and discussion to approve a resolution appointing Mr. Steve Beachy as a member of the Brazos Valley Groundwater Conservation District Board of Directors, subject to approval by the Brazos County Commissioners Court. p. Presentation, possible action, and discussion regarding a resolution of the City Council of the City of College Station supporting the further development of the Universal Freight Shuttle in the Brazos Valley Regular Agenda Individuals who wish to address the City Council on a regular agenda item not posted as a public hearing shall register with the City Secretary prior to the Mayor’s reading of the agenda item. The Mayor will recognize you to come forward to speak for or against the item. The speaker will state their name and address for the record and allowed three minutes. A timer will sound at 2 1/2 minutes to signal thirty seconds remaining for remarks. Individuals who wish to address the City Council on an item posted as a public hearing shall register with the City Secretary prior to the Mayor’s announcement to open the public hearing. The Mayor will recognize individuals who wish to come forward to speak for or against the item. The speaker will state their name and address for the record and allowed three minutes. A timer alarm will sound at 2 1/2 minutes to signal thirty seconds remaining to conclude remarks. After a public hearing is closed, there shall be no additional public comments. If Council needs additional information from the general public, some limited comments may be allowed at the discretion of the Mayor. If an individual does not wish to address the City Council, but still wishes to be recorded in the official minutes as being in support or opposition to an agenda item, the individual may complete the registration form provided 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 an Ordinance amending Chapter 12, Section 4.2, “Official Zoning Map” of the Code of Ordinances of the City of College Station, Texas changing the Zoning District Boundaries of an area consisting of 16.486 acres, generally located along the State Highway 6 South bypass at Rock Prairie Road, from A-O Agricultural Open and C-2 Commercial Industrial to C-1 General Commercial. 2. Public hearing, presentation, possible action, and discussion on an ordinance amending the Unified Development Ordinance, Article 6, Use Regulations and Article 11, Definitions as they pertain to the regulation of alcohol sales in Wolf Pen Creek (WPC) and Residential Northgate (NG-3) Zoning Districts. 3. Presentation, possible action, and discussion of a sales contract for the sale of Fire Station No. 3 to Texas 4-H Youth Development Foundation in the amount of $525,000.00. 4. Presentation, possible action, and discussion concerning the City’s fiscal policy on external audit. 5. Presentation, possible action, and discussion regarding appointment of Mayor and Council Member to serve on the Policy Advisory Board of the Brazos Valley Solid Waste Management Agency for calendar year 2009. 3 City Council Regular Meeting Page 4 Thursday, March 26, 2009 On Behalf of the Citizens of College Station, Home of Texas A&M University, We will continue to Promote and Advance the Community’s Quality of Life 6. Adjourn. If litigation issues arise to the posted subject matter of this Council Meeting an executive session will be held. APPROVED: ________________________________ City Manager Notice is hereby given that a Regular Meeting of the City Council of the City of College Station, Texas will be held on the Thursday, March 26, 2009 at 7:00 PM at the City Hall Council Chambers, 1101 Texas Avenue, College Station, Texas. The following subjects will be discussed, to wit: See Agenda. Posted this 23rd day of March, 2009 at 4:00 p.m. E-Signed by Connie Hooks VERIFY authenticity with ApproveIt ________________________________ City Secretary I, the undersigned, do hereby certify that the above Notice of Meeting of the Governing Body of the City of College Station, Texas, is a true and correct copy of said Notice and that I posted a true and correct copy of said notice on the bulletin board at City Hall, 1101 Texas Avenue, in College Station, Texas, and the City’s website, www.cstx.gov . The Agenda and Notice are readily accessible to the general public at all times. Said Notice and Agenda were posted on March 23, 2009 at 4:00 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 48 hours before the meeting. To make arrangements call (979) 764-3517 or (TDD) 1-800-735-2989. Agendas may be viewed on www.cstx.gov . Council meetings are broadcast live on Cable Access Channel 19. 4 March 26, 2009 Consent Agenda Item No. 2b Change Order #1 Nantucket Gravity Sewer To: Glenn Brown, City Manager From: David Coleman, Director of Water Services Agenda Caption: Presentation, possible action, and discussion regarding approval of Change Order #1, in the amount of $16,270.00 to contract 07-263 with Mitchell & Morgan, LLP, to adjust scope of services for design of Nantucket Gravity Sewer line. Recommendation: Staff recommends Council approve this change order. Summary: In September of 2007, the City Manager approved award of design contract 07-263, in the amount of $23,450 to Mitchell & Morgan, LLP, to provide a bid package for the removal of a sewage lift station in Nantucket. This lift station was taken over by the City when we purchased the Nantucket package sewage treatment plant, and it is not up to TCEQ standards and requires constant maintenance. Our plan is to install a gravity sewer line through this area, and eliminate the lift station, to achieve a much better value for City rate payers. Staff’s original intent was to install a gravity line that by-passes the lift station, and then connects to an existing sewer line going under Hwy 6. The consulting engineer's first task was to evaluate the feasibility of the of staff’s design intent. His investigation revealed that the elevation of the existing sewer line under Hwy 6 is too high for the proposed new gravity sewer line to flow properly. We must include a new horizontal bore under State Highway 6 in the design package, which was not included in the engineer’s scope of work. This will require additional design work to accomplish, such as a geotechnical investigation, a TXDoT permit application, and additional topographic survey. Due to these unforeseen circumstances, the consultant engineer’s scope of services must be updated. The dollar amount of the change, $16,270 is reasonable for the nature and complexity of the additional scope of services, and staff recommends approval. Budget & Financial Summary: The FY09 budget for this project is $125,000. Funds in the amount of $24,027.50 have been expended or committed to date, leaving a balance of $100,972.50. If necessary, future additional funds will be requested for construction at a later date. Attachments: Change Order 1 5 6 7 26 March 2009 Consent Agenda Item No. 2c Well 7 Construction, Change Order 2 To: Glenn Brown, City Manager From: David Coleman, Director of Water Services Agenda Caption: Presentation, possible action, and discussion regarding approval of Change Order 2 to Contract 07-243 with Weisinger Water Wells for a $32,492 reduction in the contract price and extending the time of completion to March 8, 2009. Recommendation: Staff recommends Council approve this Change Order. Summary: Simsboro Well number 7 is virtually complete and Weisinger Water Wells has done an excellent job for the City. This change order will be the final contract action, and wraps up several issues that result in a credit to the contract of $32,492. There are two major items in this change order, the first of which is an extension of the time of completion, which is caused by delivery delays on City provided equipment and delays in obtaining the TxDOT permit needed to construct power lines to the site. The second major item is a credit to the contract for deleting the drilling of a test well. The geo-physical log of the pilot hole indicated an aquifer formation very favorable for the construction of a public water supply well and allowed us to omit the construction of a temporary test well. The delays were unavoidable, and the credit is due to excellent cooperation between City and Contractor personnel. Staff recommends approval. Budget & Financial Summary: None, this is a credit to the CIP Project Attachments: Change Order 2 8 9 10 March 26, 2009 Consent Agenda Item No. 2d Southwood Phase 5-7 Project Professional Services Contract and a Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds From Debt To: Glenn Brown, City Manager From: Chuck Gilman, Director of Capital Projects Agenda Caption: Presentation, possible action, and discussion regarding a resolution awarding a professional services contract for the design of the Southwood Phase 5-7 Project to Bleyl & Associates in an amount not to exceed $427,882.00 and approval of a resolution declaring intention to reimburse certain expenditures with proceeds from debt. Recommendation(s): Staff recommends Council approval of the resolution and award of the professional services contract to Bleyl & Associates and recommends approval of the resolution declaring intention to reimburse certain expenditures with proceeds from debt. Summary: This contract is for the conceptual, preliminary and final design for the replacement of existing sewer and waterlines bounded by Southwest Parkway, Harvey Mitchell, Welsh and Shadowood. Budget & Financial Summary: Funds in the amount of $1,507,500 are budgeted for this project in the Water Capital Improvement Projects Fund and $1,794,000 is budgeted for this project in the Wastewater Capital Improvement Projects Fund. $18,332.17 has been expended or committed to date, leaving a balance of $3,283,167.83. The “Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt” is necessary for this item because a portion of the long term debt has not been issued for the project. This debt is scheduled to be issued later this fiscal year. Attachments: 1. Resolution 2. Location Map 3. Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt 11 12 13 14 15 16 March 26, 2009 Consent Agenda Item No. 2e Water Reclamation Project – Professional Services Contract To: Glenn Brown, City Manager From: Chuck Gilman, Director of Capital Projects Agenda Caption: Presentation, possible action, and discussion regarding a resolution awarding a professional services contract for the design of the Water Reclamation Project to Lockwood, Andrews & Newnam, Inc. in an amount not to exceed $431,000.00. Recommendation(s): Staff recommends Council approval of the resolution and award of the professional services contract to Lockwood, Andrews & Newnam, Inc. Summary: This contract is for the design of the water reclamation project to provide reclaimed water from the Carters Creek Wastewater Treatment Plant for irrigation water for the Veterans Park and Athletic Complex. Budget & Financial Summary: The current budget for this project is $3,606,730.00. Funds in the amount of $126,172.46 have been expended or committed to date, leaving a balance of $3,480,557.54. These funds are budgeted in the Water Capital Improvement Projects Fund. Attachments: 1. Resolution 2. Location Map 17 18 19 March 26, 2009 Consent Agenda Item No. 2f Resolution Determining Need (Easement Acquisition) Water Reclamation Project (WF 0995711) Un-named Bicycle and Pedestrian Project To: Glenn Brown, City Manager From: Chuck Gilman, PE, Director of Capital Projects Agenda Caption: Presentation, possible action, and discussion regarding approval of a Resolution that will authorize City staff to negotiate and buy easements needed for the Water Reclamation Project and the future development of a bicycle and pedestrian facility project. Recommendation(s): Staff recommends Council approval of the Resolution. Summary: The project will provide reclaimed water from Carters Creek Wastewater Treatment Plant for irrigation at Veterans Park. Future projects will provide for public access along a bicycle and pedestrian facilities. Budget & Financial Summary: This project is funded by Utility Revenue Bonds in the amount of $3,606,730. Funds for this project are budgeted and available. Attachments: 1. Resolution Determining Need 2. Project Map – Attachment to Resolution 3. Project Vicinity Map 20 21 22 23 24 25 26 27 March 26, 2009 Consent Agenda Item No. 2g College Station Beautification Improvements (Urban Forest at University Drive and SH6) Professional Services Contract To: Glenn Brown, City Manager From: Chuck Gilman, Director of Capital Projects Agenda Caption: Presentation, possible action, and discussion regarding a resolution awarding a professional services contract for the design of the COCS Beautification Project to Hester Engineering Company in an amount not to exceed $59,750.00. Recommendation(s): Staff recommends Council approval of the resolution and award of the professional services contract to the Hester Engineering Company. Summary: This contract is for the conceptual, preliminary, and final design for the first phase of the State Highway 6 Beautification Plan. This phase of the project includes approximately 400 trees with irrigation, a gateway sign on a stone retaining wall, and large planters with decorative towers. This phase of the project is located in TxDOT right-of-way at the intersection of Highway 6 and Highway 60 (University Drive). Budget & Financial Summary: Funds in the amount of $300,000 are budgeted for this project in the Streets Capital Improvement Projects Fund. $902.02 has been expended or committed to date, leaving a balance of $299,097.98. In addition, funds in the amount of $50,000 may be available for this project if sufficient revenue is realized in FY09 as a result of the Electric Department’s Wind Watts program. Attachments: 1. Resolution 2. Location Map 28 29 30 March 26, 2009 Consent Agenda Item No. 2h Change Order No. 1 to Design Contract 06-237 To: Glenn Brown, City Manager From: Chuck Gilman, Director of Capital Projects Agenda Caption: Presentation, possible action, and discussion regarding Change Order number 1 to contract 06-237 with Jones & Carter in the amount of $15,000 to design the construction of water and wastewater lines along the section of W.D. Fitch Parkway that was annexed in 2002. Recommendation: Staff recommends approval of the change order. Summary: The purpose of this project is to extend water and sewer service along W.D. Fitch Parkway, east of Rock Prairie Road, which was annexed in 2002 as “Areas 5 and 6.” This project will construct a water line, a sewer line, and a sewage lift station to serve the areas on both sides of the Parkway, as required in the Annexation Service Plan. The design of this construction project began several years ago, but the actual construction was postponed since no development was occurring in this area, and the water and sewer lines would not have any usage on them. However, development pressure has begun, and the lines now need to be constructed. This change order is required to update the design and ensure the bid package includes all the physical changes that have occurred, most notably the construction of the new intersection at Rock Prairie Road and William D. Fitch. These design updates are essential to prevent major change orders during the construction contract. The fees of $15,000 are reasonable and in accord with historical costs for work of this scope and nature. For these reasons, staff recommends approval. Budget & Financial Summary: Funds are budgeted and available in the Water and Wastewater Capital Improvement Projects Funds. The current project budgets total $1,709,811.00. Funds in the amount of $244,236.39 have been expended or committed to date, leaving a balance of $1,465,574.61. Attachments: 1. Change Order 2. Location Map 31 32 33 March 26, 2009 Consent Agenda Item No. 2i Chavers Litigation Expenditures To: Glenn Brown, City Manager From: Michael Ikner, Chief of Police Agenda Caption: Presentation, possible action, and discussion to authorize funds for professional legal services from Coats Rose Ryman and Lee for litigation concerning the Chavers litigaton. Expenses paid to date plus anticipated legal costs are estimated to be $150,000. Recommendation(s): Staff recommends approval of retaining Coats Rose Ryman and Lee to represent the City for litigation concerning the Chavers litigation. Summary: Thomas Chavers and his associated businesses is suing the City of College Station, City Manager Glenn Brown, Police Chief Michael Ikner, Officer Karla Wiesepape, Officer Rachel Falwell and Officer Walter Sayers as a result of the City’s removal of Chavers and his associated wrecker services from the City’s rotation wrecker list. Budget & Financial Summary: Expenses paid to date are $42,642. It is anticipated that an additional $100,000 will be incurred as a result of this litigation. Funds are available in the Property Casualty Fund. A budget amendment may be needed later this fiscal year to provide additional appropriation for this expenditure. Attachments: None 34 March 26, 2009 Consent Agenda Item No. 2j Automated Street Light Monitoring System Agreement and a Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds From Debt To: Glenn Brown, City Manager From: David Massey, Director of College Station Electric Utilities Department Agenda Caption: Presentation, possible action, and discussion regarding the approval of the Roam Master Agreement for an Automated Street Light Monitoring System in the amount of $398,625.00 to be installed by ROAM, a division of Acuity Brands Technology Services, Inc. and approval of a resolution declaring intention to reimburse certain expenditures with proceeds from debt. Recommendation(s): Staff recommends approval of the Roam Master Agreement for an Automated Street Light Monitoring System and recommends approval of the resolution declaring intention to reimburse certain expenditures with proceeds from debt. Summary: The attached agreement covers the installation of an automated street light monitoring system to be installed by ROAM, a division of Acuity Brands Technology Services, Inc. Phase I installation will be 2,000 nodes (street light control devices) and the required number of gateways (communication hubs) for the system to begin operation. These 2,000 nodes will complete a system for all of College Station Electric Utilities’ thoroughfare street lights in the City. Phase II is scheduled to begin after October 1, 2009 and will consist of 3,000 nodes. This will provide monitoring for all of College Station Electric Utilities’ residential and historical lighting. When the system is complete College Station Electric Utilities will be provided real time information on street light outages and malfunctions, will be better able to track manufacturer’s warranties on equipment, and will be able to control all lights on the system (“on” and “off”) to better manage their energy usage. This system will provide better service and security for our customers by minimizing street light outage time and eliminating the need for customers to report street light outages. Budget & Financial Summary: A request for proposals was sent out for a Street Light Monitoring System and two (2) proposals were submitted with Roam, a division of Acuity Brands Technology Services, Inc. being the successful proposal. The Phase I deployment cost will be $161,875.00; Funds are available in the City of College Station Electric Utilities 2009 Capital Improvement Project Budget. The Phase II deployment cost will be $236,750.00. Funds will be budgeted in the City of College Station Electric Utilities 2010 Capital Improvement Project Budget. The total cost for deployment will be $398,625.00. The annual fees for licensing, support, and monitoring will be $5,700.00 per year, which was an approved Service Level Adjustment in the 2009 Operating Budget. The “Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt” is necessary for this item because a portion of the long term debt has not been issued for the project. This debt is scheduled to be issued later this fiscal year. 35 Attachments: 1. A copy of the agreement will be on file in the City Secretary’s Office. 2. Resolution 36 37 38 39 March 26, 2009 Consent Agenda Item No. 2k Hot Mix Asphalt Annual Price Agreement To: Glenn Brown, City Manager From: Mark Smith, Director of Public Works Agenda Caption: Presentation, possible action, and discussion regarding award of bid #09-30 to Brazos Valley Services to provide Type D Hot Mix Asphalt in an amount not to exceed $1,000,000.00 ($50.00 per ton). A secondary contract is requested for the provision of this material by the second bidder, Knife River, in an amount not to exceed $51,000.00 ($51.00 per ton) only in emergency situations when Brazos Valley Services is unable to provide material. Recommendation(s): Staff recommends approval of the bid award to Brazos Valley Services and a secondary award to Knife River. Summary: Brazos Valley Services submitted the lower of two bids for an annual price agreement to provide Type D Hot Mix Asphalt for the maintenance of streets in the City. The recommended bid amount ($50.00 per ton) from Brazos Valley Services is $1,000,000.00 (20,000 tons maximum). Knife River submitted the second bid ($51.00) in the amount of $1,020,000.00. A secondary contract with Knife River for $51,000 for a maximum of 1,000 tons is recommended for emergency situations if and when material is not available from Brazos Valley Services. The contracts support maintenance operations in the Street Maintenance Division. Budget & Financial Summary: Funding is available in the operating budget of the Street Maintenance Division. An “Escalation/De-escalation” provision has been added to allow for price adjustment in a volatile market. After six months, the parties agree that if there is an increase or decrease to the supplier based on the Producer Price Index for Intermediate Goods the bid price may be increased no more than 8% or decreased accordingly. Attachments: Tabulation of Bid 09-30 40 City of College Station - Purchasing Department Bid Tabulation for #09-30 Annual Pick Up of Type "D" Hot Mix Joint Bid with the City of Bryan Open Date: Tuesday, March 3, 2009 @ 2:00 p.m. ITEM QTY UNIT DESCRIPTION UNIT COST TOTAL PRICE UNIT COST TOTAL PRICE 1 20000 Tons Asphalt, Hot Mix, Type "D" $50.00 $1,000,000.00 $51.00 $1,020,000.00 1 1500 Tons Asphalt, Hot Mix, Type "D" $50.00 $75,000.00 $51.00 $76,500.00 0% City of Bryan Yearly Estimate Brazos Valley Services Delivery Date (calendar days) Knife River 9 As required 9 As required 0% City of College Station Yearly Estimate Prompt Payment Discount Certification from bid package Page 1 of 141 March 26, 2009 Regular Agenda Item No. 2L Annual Blanket Purchase Order for the Installation of Hot Mix Asphalt Concrete To: Glenn Brown, City Manager From: Mark Smith, Director of Public Works Agenda Caption: Presentation, possible action and discussion regarding approval of an annual contract with Knife River for Item 1 – “Type D Asphalt Installed” at $62.40 per ton and Item 2 – “Emulsified Asphalt Installed” at $2.25 per ton. The cost for the total of Item 1 and Item 2 is not to exceed $629,625.00. Recommendation(s): Staff recommends approval of the contract Summary: Bids for the Annual Blanket Purchase Order for the Installation of Hot Mix Asphalt Concrete were received from Brazos Valley Services, Knife River and Brazos Paving, Inc. The bid documents state that “Item 1 and Item 2 will be awarded together, based on total low bid for both items”. Staff recommends the contract for Item 1 and Item 2 be awarded to the low bidder, Knife River. Budget & Financial Summary: Funding for the Annual Blanket Purchase Order for the Installation of Hot Mix Asphalt Concrete is provided from the operating budget of the Street Maintenance Division. An “Escalation/De-escalation” provision has been added to allow for price adjustment in a volatile market. After six months, the parties agree that if there is an increase or decrease to the supplier based on the Producer Price Index for Intermediate Goods the bid price may be increased no more than 8% or decreased accordingly. Attachments: 1. Tabulation of Bid No. 09-29 2. Resolution 42 City of College Station - Purchasing Department Bid Tabulation for #09-29 "Annual Type D Hot Mix Installed" Open Date: Tuesday, February 3, 2009 @ 2:00 p.m. ITEM QTY UNIT DESCRIPTION UNIT COST TOTAL PRICE UNIT COST TOTAL PRICE UNIT COST TOTAL PRICE 1 10000 tons Type D Asphalt Installed $62.40 $624,000.00 $63.95 $639,500.00 $86.85 $868,500.00 2 2500 gallons Emulsion Installed $2.25 $5,625.00 $2.00 $5,000.00 $3.70 $9,250.00 0% Brazos Paving $877,750.00 9 as required 0% Knife River Delivery Date (calendar days) Brazos Valley Services $644,500.00 9 as required $629,625.00 9 5 days as required 0%Prompt Payment Discount Certification from bid package GRAND TOTAL Page 1 of 143 44 NEW COVERSHEET FORMAT EXAMPLE 1 March 26, 2009 Consent Agenda Item No. 2m Annual Blanket Order for Janitorial Supplies To: Glenn Brown, City Manager From: Mark Smith, Director of Public Works Agenda Caption: Presentation, possible action, and discussion regarding award of a contract for the annual blanket purchase order for janitorial supplies, Bid #09-44, to Criswell Distributing, in the amount of $51,208.25. Recommendation(s): Staff recommends award of the contract to Criswell Distributing for $51,208.25. Summary: This is an annual agreement for one (1) year with two (2) additional year renewals upon mutual consent of the City and the vendor. Three of the bidders bid on all items. A summary of the four (3) bids follows: Criswell Distributing $51,208.25 Gulf Coast Paper $54,864.30 ProStar Industries $59,370.25 Budget & Financial Summary: Funds are budgeted and available for this contract in the Facilities Maintenance Operations Budget. Attachments: Bid Tabulation #09-44 45 Pr o S t a r I n d u s t r i e s , B r y a n , T X It e m U n i t I t e m U n i t I t e m U n i t I t e m No . Q t y D e s c r i p t i o n P r i c e T o t a l P r i c e T o t a l P r i c e T o t a l 1 2 2 5 T o i l e t t i s s u e 3 2 . 5 0 $ 7 , 3 1 2 . 5 0 $ 3 4 . 3 2 0 $ 7 , 7 2 2 . 0 0 $ 3 2 . 7 8 0 $ 7,375.50 $ 2 1 7 5 P a p e r t o w e l s - m u l t i f o l d 1 7 . 5 0 $ 3 , 0 6 2 . 5 0 $ 2 0 . 0 0 0 $ 3 , 5 0 0 . 0 0 $ 1 7 . 6 1 0 $ 3,081.75 $ 3 1 5 0 R o l l T o w e l s 2 0 . 1 5 $ 3 , 0 2 2 . 5 0 $ 3 6 . 8 7 0 $ 5 , 5 3 0 . 5 0 $ 3 4 . 4 4 0 $ 5,166.00 $ 4 1 5 0 P a p e r t o w e l s , C - f o l d 1 8 . 5 0 $ 2 , 7 7 5 . 0 0 $ 1 8 . 8 2 0 $ 2 , 8 2 3 . 0 0 $ 2 2 . 7 8 2 $ 3,417.30 $ 5 7 5 R o l l t o w e l s , p e r f o r a t e d 1 6 . 9 0 $ 1 , 2 6 7 . 5 0 $ 2 5 . 2 6 0 $ 1 , 8 9 4 . 5 0 $ 2 0 . 0 0 0 $ 1,500.00 $ 6 1 0 0 W i p e r s - W y p e - a l l 2 2 . 9 5 $ 2 , 2 9 5 . 0 0 $ 3 4 . 2 8 0 $ 3 , 4 2 8 . 0 0 $ 3 6 . 6 7 0 $ 3,667.00 $ 7 1 0 0 W i p e r s - W y p e - a l l P l u s 3 8 . 7 5 $ 3 , 8 7 5 . 0 0 $ 3 4 . 2 8 0 $ 3 , 4 2 8 . 0 0 $ 3 9 . 0 0 0 $ 3,900.00 $ 8 1 0 0 W i p e r s - E c o n o m i z e r 2 7 . 5 0 $ 2 , 7 5 0 . 0 0 $ 4 4 . 7 1 0 $ 4 , 4 7 1 . 0 0 $ 2 7 . 9 0 0 $ 2,790.00 $ 9 1 5 H a n d s o a p - D e r m a P r o 2 9 . 4 0 $ 4 4 1 . 0 0 $ 1 9 . 8 3 0 $ 2 9 7 . 4 5 $ 6 8 . 9 4 0 $ 1,034.10 $ 10 1 5 H a n d s o a p - P i n k 1 9 . 0 0 $ 2 8 5 . 0 0 $ 1 5 . 2 9 0 $ 2 2 9 . 3 5 $ 1 5 . 6 2 0 $ 234.30 $ 11 3 0 S p r a y & w i p e c l e a n e r - 1 9 o z . 2 7 . 0 0 $ 8 1 0 . 0 0 $ 3 1 . 0 6 0 $ 9 3 1 . 8 0 $ 2 5 . 4 0 0 $ 762.00 $ 12 3 0 G l a s s C l e a n e r , w i n d o w - 1 9 o z . 2 6 . 4 0 $ 7 9 2 . 0 0 $ 2 3 . 6 3 0 $ 7 0 8 . 9 0 $ 2 2 . 3 0 0 $ 669.00 $ 13 1 5 G l a s s C l e a n d e r , T r i p l e S 1 9 . 2 0 $ 2 8 8 . 0 0 $ 1 0 . 0 0 0 $ 1 5 0 . 0 0 $ 2 0 . 7 5 0 $ 311.25 $ 14 1 5 H a n d C l e a n e r , D e r m a C a r e 2 0 0 0 5 9 . 6 0 $ 8 9 4 . 0 0 $ 4 3 . 4 2 0 $ 6 5 1 . 3 0 $ n o b i d 15 3 0 U r i n a l S c r e e n s w / b l o c k s 1 6 . 8 0 $ 5 0 4 . 0 0 $ 1 1 . 5 0 0 $ 3 4 5 . 0 0 $ 1 9 . 7 5 0 $ 592.50 $ 16 2 0 M e t e r e d a e r o s o l 3 5 . 4 0 $ 7 0 8 . 0 0 $ 2 1 . 3 5 0 $ 4 2 7 . 0 0 $ 3 5 . 1 8 0 $ 703.60 $ 17 1 5 0 T r a s h l i n e r s , 1 6 " x 1 4 " x 3 6 " , b l a c k 9 . 4 0 $ 1 , 4 1 0 . 0 0 $ 1 2 . 2 0 0 $ 1 , 8 3 0 . 0 0 $ 1 0 . 2 0 0 $ 1,530.00 $ 18 2 2 5 T r a s h l i n e r s , 2 3 " x 1 7 " x 4 6 " , w h i t e 1 1 . 2 5 $ 2 , 5 3 1 . 2 5 $ 1 2 . 3 1 0 $ 2 , 7 6 9 . 7 5 $ 1 2 . 4 0 0 $ 2,790.00 $ 19 6 5 0 T r a s h l i n e r s , 3 8 " x 6 3 " , c l e a r 2 4 . 9 0 $ 1 6 , 1 8 5 . 0 0 $ 2 8 . 0 5 0 $ 1 8 , 2 3 2 . 5 0 $ 2 3 . 6 0 0 $ 15,340.00 $ TO T A L 51 , 2 0 8 . 2 5 $ 5 9 , 3 7 0 . 0 5 $ 5 4 , 8 6 4 . 3 0 $ Di s c o u n t o n p r o d u c t s n o t l i s t e d 1 0 % 2 5 % 1 0 - 1 2 % NO T E S : T h e f o l l o w i n g b i d s w e r e u n r e s p o n s i v e In c o m p l e t e B i d s Ce n t r a l P o l y C o r p . , L i n d e n , N J Ad v a n t a g e R e s o u r c e S e r v i c e s , D a l l a s , T X Ch e m s e a r c h , I r v i n g , T X Ec o l a b , S t . P a u l , M N Qu i l l , L i n c o l n s h i r e , I L Al l A m e r i c a n P o l y , P i s c a t a w a y , N J AN N U A L B L A N K E T O R D E R F O R J A N I T O R I A L S U P P L I E S BI D T A B U L A T I O N # 0 9 - 4 4 PU B L I C W O R K S - F A C I L I T I E S Ra y C r i s w e l l D i s t r i b u t i n g , Br y a n , T X Gulf Coast Paper, Temple, TX 46 March 26, 2009 Consent Agenda Item No. 2n Texas Avenue Streetscape Advance Funding Agreement To: Glenn Brown, City Manager From: Mark Smith, Director of Public Works Agenda Caption: Presentation, possible action, and discussion regarding an Advance Funding Agreement (AFA) with the Texas Department of Transportation (TxDOT) to allow the city to install trees along Texas Avenue. Recommendation(s): Staff recommends approval of the Resolution authorizing the Mayor to sign the AFA and approval of the AFA. Summary: Last year the city awarded a contract to develop construction documents for the planting of trees along Texas Avenue between George Bush Drive (FM 2347) and Harvey Mitchell Parkway (FM 2818). The agreement with TxDOT will allow the city to perform the construction activities in the TxDOT right-of-way, but 100 percent of the construction costs will be covered by the city and are estimated not to exceed $124,000. Budget & Financial Summary: Funds for this project are currently available through the 2003 General Obligation Bonds as part of Project Number ST9915. Attachments: 1. Resolution authorizing AFA 2. Advance Funding Agreement 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 March 26, 2009 Consent Agenda Item 2o Appointment to Brazos Valley Groundwater Conservation District Board To: Glenn Brown, City Manager From: David Neeley, Assistant City Manager Agenda Caption: Presentation, possible action, and discussion to approve a resolution appointing Mr. Steve Beachy as a member of the Brazos Valley Groundwater Conservation District Board of Directors, subject to approval by the Brazos County Commissioners Court. Recommendation: Staff recommends Council approve this resolution. Summary: Staff received direction at the March 12 Council meeting to appoint Mr. Steve Beachy as a representative to the Board of Directors of the Brazos Valley Groundwater Conservation District. This item is making that action official through with a resolution that will be sent to the Brazos County Commissioners Court. Mr. Dave Coleman is presently serving as the College Station representative on the Board of Directors for the Brazos Valley Groundwater Conservation District. The fact that he is a City employee has placed severe restrictions on his ability to be an effective advocate for the City, and he will tender his resignation when a suitable replacement is finalized. The new member must be appointed by the City to fill Mr. Coleman’s term, which expires on January 1, 2011. As required by House Bill 1784, section 2.11(3), this appointment by the City must be approved by the Brazos Valley Commissioners Court. Mr. Steve Beachy is well versed in the importance of groundwater issues to the City, has proven over many years to use sound judgment and to always be fair minded, and dedicated to represent the best interests of College Station's water needs. Budget & Financial Summary: Not applicable. Attachments: Resolution 62 RESOLUTION NO. ____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, APPOINTING MR. STEVEN BEACHY AS THE CITY’S REPRESENTATIVE TO THE BRAZOS VALLEY GROUNDWATER CONSERVATION DISTRICT BOARD OF DIRECTORS. WHEREAS, The City Council of the City of College Station strives through its Vision Statements to provide high quality, customer focused basic city services at a reasonable cost, including effective water services; and WHEREAS, The City Council of the City of College Station adopted, as part of the Comprehensive Plan, Utility Goal #1 that states "College Station should continue to provide the quantity and quality of utilities needed to assure public health, safety, and accommodation of growth"; and WHEREAS, House Bill 1784, section 2.11(d) establishes one seat on the Brazos Valley Groundwater Conservation District Board to be a representative of the City of College Station, which must be appointed by the City Council and approved by the Brazos County Commissioners Court; and WHEREAS, Mr. David Coleman, the City’s current representative on the Brazos Valley Groundwater Conservation District Board, is resigning and a new representative must be appointed; and WHEREAS, The City Council is confident that Mr. Beachy will fairly and accurately represent the interests of College Station and all municipalities and water users within the Brazos Valley District, and the City Council pledges that Mr. Beachy will give adequate time and resources to fulfill every obligation and duty of Board membership; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council hereby agrees that membership on the Brazos Valley Groundwater Conservation District Board is essential in meeting the City’s Utility Goals. PART 2: That the City Council hereby accepts Mr. David Coleman’s resignation, effective July 1, 2009, and hereby appoints Mr. Steven Beachy as the City’s representative to fill the voting member position representing the City of College Station with the Brazos Valley Groundwater Conservation District Board of Directors, effective July 2, 2009. PART 3: That this Resolution shall take effect immediately. PART 4: That the City Council hereby requests the Brazos County Commissioners Court approve this appointment. 63 ADOPTED this 26th day of March, A.D. 2009. ATTEST: APPROVED: CONNIE HOOKS, City Secretary BEN WHITE, Mayor APPROVED: City Attorney 64 March 26, 2009 Consent Agenda Item 2p Resolution for Universal Freight Shuttle To: Glenn Brown, City Manager From: David Neeley, Assistant City Manager Agenda Caption: Presentation, possible action, and discussion regarding a resolution of the City Council of the City of College Station supporting the further development of the Universal Freight Shuttle in the Brazos Valley Recommendation(s): The Council Transportation Committee met on March 10, 2009 and recommended that a resolution of support for the Freight Shuttle be placed on a future Council Agenda. Summary: The Gulf Coast Strategic Highway Coalition, which the City joined at its last meeting, decided to support the efforts of the Universal Freight Shuttle being developed by the Texas Transportation Institute (TTI) at A & M University and Freight Shuttles Partners, LLC in a response to a request for information published by TxDot. The request for information will not result in the selection of a technology but rather to see what is available. If better technology emerges, organizations will be free to support the emerging technology. Budget & Financial Summary: None Attachments: February 20, 2009 letter – John Thompson, Chairman GCSHC Universal Freight Shuttle Resolution - will be provided prior to Council meeting March 10, 2009 CTC Minutes 65 Polk County Courthouse ● 101 West Church St., Ste. 300 ● Livingston, Texas 77351 (936) 327-6813 ● Fax (936) 327-6891 ● www.gulfcoaststrategichighway.org February 20, 2009 David Neeley Assistant City Manager P.O. Box 9960 1101 Texas Avenue College Station, Texas 77840 Dear David, Our effort to link our military forts to one another and to their strategic deployment ports continues to make progress. This past year TxDOT concluded a contract with Wilbur Smith Associates for a 2.5 million dollar feasibility study, which began this past summer. They have begun to hold meetings with local elected officials and community leaders along the proposed route. They joined us in a five-state meeting in Baton Rouge on December 1, which included the Executive Director of TxDOT, the Secretary of Transportation for the state of Louisiana, the Executive Director of the Mississippi Department of Transportation, Deputy Executive Director of Alabama and representatives of the Georgia DOT by phone. Our project was presented to the TxDOT 2030 Committee stressing the importance of movement of equipment to the strategic ports of Corpus Christi and Beaumont. The TxDOT 2030 Committee is assessing the transportation needs of Texas. We have requested that the Freight Shuttles Partners, LLC consider our routes for inclusion in their routes for the Universal Freight Shuttle. We are asking our members to pass resolutions of support, which they can submit, to TxDOT with their response to TxDOT’s request for information about environmentally friendly ways to move freight in Texas. Thank you for time on the March 12 City Council agenda. Enclosed is a statement for the 2009 dues to our coalition, should the Council decide to join our effort. Sincerely, John P. Thompson Chairman County Judge, Polk County 66 Transportation Committee Chair Lynn McIlhaney Members John Crompton Michael Parks Dennis Maloney Linda LaSut Dennis Christiansen Bryan Wood Douglas Slack Jean Marie Linhart Council Transportation Committee Meeting College Station City Hall, 1101 Texas Avenue Administrative Conference Room College Station, Texas, 77842 Notes from Tuesday, March 10, 2009 at 4:30 p.m. Committee Members Present: Chairwoman Lynn McIlhaney, Dennis Maloney, John Crompton, Bryan Wood, Jean Marie Linhart Other Council Members Present: none Staff Present: Glenn Brown, David Neeley, Mark Smith, Joe Guerra and Hayden Migl Visitors Present: Terry Childers, Maury Jacob 1. Call to Order. Chairwoman Lynn McIlhaney called the meeting to order at 4:35 p.m. 2. Presentation, possible action, and discussion on approval of the notes for the Council Transportation Committee Meeting on November 25, 2008 and January 13, 2009. Bryan Wood moved to approve the minutes, Councilmember Maloney seconded and the motion passed unanimously. 3. Presentation, possible action, and discussion regarding proposed pedestrian improvements to University Drive in the Northgate area. Mark Smith gave an overview of the efforts of the City and TxDOT to improve pedestrian movement in the Northgate Area including wider crosswalks, signal timers, and pedestrian flashers. Bryan Wood discussed Phase 1 improvements and the proposed pedestrian mall at University and College Main. Northgate merchants have not yet been contacted about the proposed improvements. Maury Jacob from TxDOT stated the new signalized intersection at University and Boyett makes a lot of potential improvements possible. Bryan Wood stated 67 this project is still a couple of years from happening, but room can be found in the budget. Lynn McIlhaney emphasized the importance of making Northgate look like a pedestrian area with other improvements such as lighting. Removing on-street parking on University would allow for potential patio areas, more areas for smoking, and an added ambiance. It was decided the Northgate merchants need to be consulted, there needs to be a public input process and the item will be placed on the Council’s list of pending items. 4. Presentation, possible action, and discussion regarding an update on regional transportation projects eligible for funding through the federal economic stimulus package. David Neeley presented some of the projects that will be funded with the stimulus package money in our area. Bryan Wood gave specifics on the Barron Road overpass including that the construction should begin in June or July. Councilmember Maloney inquired into the availability of bridge rehabilitation funds for the Rock Prairie Bridge. Bryan Wood will check into this possibility. David Neeley mentioned the City has been approached by Senator Ogden in regard to the widening of FM 60 from Highway 6 to FM 158. Bryan Wood said that pass-through tolling is a possibility for that project. Councilmember Crompton inquired into the Wellborn/Bush grade separation. There appears there will not be funding for this for 11 years, but this issue will be placed on a future Council Agenda for a resolution of support. An attempt will also be made to gain University support for this project. 5. Presentation, possible action and discussion regarding a Resolution of support for a Freight Shuttle as proposed by the Gulf Coast Strategic Highway Coalition. David Neeley gave background on the item and conveyed the request from the Gulf Coast Strategic Highway Coalition. A resolution of support for the freight shuttle will be placed on a future Council meeting agenda. Items to be discussed at a future meeting: · Possibility of using bridge rehab funds for Rock Prairie Road · Transportation chapter of comprehensive plan · TTI Transit Study · Barron Road plans including landscaping · Timing of the 2008 bond transportation projects · Barron Road extension on east side 6. Adjourn Without objection, the Committee adjourned at 5:40. 68 March 26, 2009 Regular Agenda Item No. 1 Weingarten Rezoning To: Glenn Brown, City Manager From: Bob Cowell, AICP, Director of Planning & Development Services Agenda Caption: Public hearing, presentation, possible action, and discussion regarding an Ordinance amending Chapter 12, Section 4.2, “Official Zoning Map” of the Code of Ordinances of the City of College Station, Texas changing the Zoning District Boundaries of an area consisting of 16.486 acres, generally located along the State Highway 6 South bypass at Rock Prairie Road, from A-O Agricultural Open and C-2 Commercial Industrial to C-1 General Commercial. Recommendation(s): The Planning and Zoning Commission has forwarded a recommendation of denial based on a motion to approve the request that failed by a 2 to 5 vote at their March 5, 2009 meeting. Staff recommended approval of the request. Summary: REVIEW CRITERIA 1. Consistency with the Comprehensive Plan: The Comprehensive Plan designates the subject property as Retail Regional on the Land Use Plan and states that the purpose of the Regional Retail land use designation is to provide for areas permitting regional scale development of tax-generating developments such as retail centers, service commercial, restaurants, etc. General commercial uses are generally dependent on good access to highways and major arterials. Based on this description, the C-1 General Commercial district, which is intended to allow general commercial uses such as retail sales and services for the regional community, would be an appropriate zoning district for this property. It has been the City’s policy to focus this type of development at major intersections. The most recent update to the City’s Land Use Plan in this area was adopted in 2002 with the addition of the Greens Prairie / Rock Prairie Small Area Plan. In that study, properties located at the intersection of Rock Prairie Road and State Highway 6 South were identified for large general retail uses to serve the region because of access and visibility from the freeway. The areas identified for commercial land uses are separated from residential areas by floodplains or major thoroughfares. In 2007, the City amended its Thoroughfare Plan based on the findings of the East College Station Transportation Study. Rock Prairie Road is designated as a major arterial in this area and abuts the property to the north. State Highway 6, a freeway on the Thoroughfare Plan, lies to the west of the property. The Thoroughfare Plan also includes two proposed major collector roadways on the subject property, providing additional site circulation and access to both Rock Prairie Road and State Highway 6. 2. Compatibility with the present zoning and conforming uses of nearby property and with the character of the neighborhood: Generally, the C-1 General Commercial zoning district allows for the development of retail sales and service uses that function to serve the entire community and its visitors. As such, the proposed zoning is generally compatible with the commercial property located to the north across 69 Rock Prairie Road, developed as the Plazas of Rock Prairie, and with the adjacent vacant C-1 zoned property on the southeast corner of Rock Prairie Road and State Highway 6. Other adjacent properties are largely zoned A-O Agriculture-Open, a holding zone placed on the properties at the time of annexation. Previously, representatives of nearby neighborhoods have voiced concerns about proposed commercial developments in close proximity to existing residential neighborhoods. The primary concerns have focused on a potential lack of compatibility of the land uses and an increase in traffic congestion in the area. 3. Suitability of the property affected by the amendment for uses permitted by the district that would be made applicable by the proposed amendment: The property is located at the grade-separated intersection of a freeway and a major arterial roadway. Rezoning the subject property to C-1 General Commercial could allow it to be developed in conjunction with the approximately 10-acre C-1 property located at the corner of the intersection. In total, the development could include approximately 26.5 acres of land. Based on the Unified Development Ordinance (UDO) requirements that were in place at the time of the initial rezoning request, if trips generated by the proposed development exceed 5,000 trips per day, a traffic impact analysis will be required to be submitted prior to site plan approval. If the zoning is approved, a likely development scenario would generate around 10,000 trips per day. In this case, a traffic impact study would be required. The scope of this study will include an analysis of driveway locations, on- site circulation, and operations of the surrounding street system and intersections (including the State Highway 6 / Rock Prairie Road interchange). Any impact that worsens traffic operations below Level of Service D, will be required to be mitigated as part of the development. If the impacts cannot be reasonably mitigated, the site plan will be denied. Improvements to Rock Prairie Road, east of State Highway 6 are needed to implement the East College Station Transportation Study. The capital project to upgrade Rock Prairie Road includes the design and right-of-way acquisition for a major arterial cross section in this area, including new travel lanes, a raised median, sidewalks and bike lanes. The project is currently in the right-of-way acquisition and design stages. Construction is not currently funded. The Texas Department of Transportation is currently working on a project to improve traffic flow along the State Highway 6 freeway and frontage roads. This project primarily consists of relocation of the entrance and exit ramps between FM 2818 on the north and William D. Fitch Parkway on the south. In this area, the intersection has been modified so that vehicles traveling northbound on the frontage road are able to access the on- ramp to State Highway 6 and avoid the signalized intersection of State Highway 6 and Rock Prairie Road. 4. Suitability of the property affected by the amendment for uses permitted by the district applicable to the property at the time of the proposed amendment: A portion of the property is currently zoned A-O Agricultural Open. In this area, the A-O district is used as a holding zone for property that is projected in the Comprehensive Plan for conversion to more intensive urban uses at such time as the need for the use is present. While the permitted uses in A-O, including low density residential, agricultural or open space uses, are generally compatible with residential development, not all 70 agricultural uses may be appropriate on the property due its location and the level of development that has occurred in the area. A portion of the property is also zoned C-2 Commercial Industrial. Commercial Industrial is a district that is designed to provide a location for businesses offering goods and services to a limited segment of the general public. The uses permitted in this district generally serve other commercial and industrial enterprises, and because of this, are not as reliant on high-visibility site locations. 5. Marketability of the property affected by the amendment for uses permitted by the district applicable to the property at the time of the proposed amendment: The existing zoning allows the property to be marketed for agricultural uses and commercial industrial development. The proposed rezoning would generally allow for the property, in conjunction with the adjacent 10-acre tract, to be marketed for large scale retail development. 6. Availability of water, wastewater, stormwater, and transportation facilities generally suitable and adequate for the proposed use: There are existing water lines along State Highway 6 and Rock Prairie Road. The Water Master Plan affects this property, and will have to be addressed with development. There are existing 8” and 12” sanitary sewer lines near the State Highway 6 and Rock Prairie Road intersection. Sewer will most likely need to be by force main to these lines. The Sewer Master Plan also affects this property, and will have to be addressed with development. The property drains toward a tributary of Lick Creek. No FEMA floodplain has been defined on the property. All utilities shall be designed in accordance with the BCS Unified Design Guidelines at the time of Platting and Site Development. The property is surrounded by State Highway 6 and Rock Prairie Road which are classified on the City’s Thoroughfare Plan as Freeway/Expressway and a Major Arterial, respectively. Access to the property will be from Rock Prairie Road, a major arterial and from a northbound State Highway 6 feeder road. According to the East College Station Transportation Study completed in 2007, Rock Prairie Road experienced 6,777 vehicles per day. Rock Prairie is currently a rural collector section with a functional capacity of 1,000 to 5,000 vehicles per day. Ultimately, Rock Prairie Road will be improved to a major arterial with a capacity of 20,000 to 60,000 vehicles per day. However, those improvements are not in place at this time, nor are they likely to be available in the near future. Also, based on the East College Station Transportation Study, Stonebrook Drive experienced 2,315 vehicles per day in 2007. Stonebrook is classified as a minor collector with a capacity of 1,000 to 5,000 vehicles per day and is operating within its capacity range. Based on rough estimates, C-1 General Commercial property of this size generates about 10,000 trips per day, though this can vary greatly based upon the type of use developed. This application proceeded the effective date of the new Traffic Impact Analysis ordinance. In accordance with the ordinance applicable at the time that this project began, a TIA may be required at the time of site plan based upon the size and use proposed. Traffic levels exceeding Level of Service D, where the development is contributing 5% or more of the total trips, are required to mitigate to pre-development levels. Problems demonstrated by the TIA may be required to be mitigated by the following: access management; modifying density or intensity of the proposed use; 71 phasing the development until roadway capacity becomes available; on-site improvements such as site circulation or access controls; and off-site improvements including construction of additional lanes or improvements to existing intersections. Budget & Financial Summary: N/A Attachments: 1. Background Information 2. Aerial & Small Area Map (SAM) 3. Draft Planning and Zoning Commission Minutes, March 5, 2009 4. Ordinance 72 BACKGROUND NOTIFICATIONS Advertised Commission Hearing Date: March 5, 2009 Advertised Council Hearing Dates: March 26, 2009 The following neighborhood organizations that are registered with the City of College Station’s Neighborhood Services have received a courtesy letter of notification of this public hearing: Amberlake HOA Bridle Gate Estates HOA Chadwick HOA Shadowcrest HOA Stonebridge HOA Wilshire HOA Brandon Heights HOA Foxfire HOA Property owner notices mailed: 4 Contacts in support: None as of date of staff report Contacts in opposition: 8 as of date of staff report. Concerns relate to the possible development of a “big box” on site and traffic congestion on Rock Prairie Road. Inquiry contacts: 1 as of date of staff report ADJACENT LAND USES Direction Comprehensive Plan Zoning Land Use North (across Rock Prairie Road) Regional Retail and Institutional C-1and A-O Retail strip center and vacant South Residential Attached and Floodplain & Streams A-O Vacant East Regional Retail A-O and C-2 Vacant West (across State Highway 6) Regional Retail and Single-Family Medium Density C-1 and C-2 Large retail center, retail and commercial industrial uses DEVELOPMENT HISTORY Annexation: 2.806-acre tract in 1977; 13.68 acres in 1983. Zoning: Zoned A-O Agricultural Open upon annexation. In 1986, approximately 3.41 acres of the subject properties were rezoned from A-O Agricultural Open to C-2 Commercial Industrial. Final Plat: Unplatted. Included in the Rock Prairie Market Place Master Plan (2008) Site development: Vacant 73 BACKGROUND This item came before the Planning & Zoning Commission on February 1, 2007 and was tabled to allow for the completion of the East College Station Transportation Study. This study evaluated the adequacy of the existing thoroughfare plan to determine any changes that may be needed to handle the anticipated traffic based on build out of the Land Use Plan. Based on the findings of the study, the Thoroughfare Plan was amended in December 2007. The Thoroughfare Plan now designates two proposed major collector roadways through the subject property to improve access and site circulation. The subject property was included in the Rock Prairie Market Place Master Plan approved by the Planning & Zoning Commission in February 2008. Because the Master Plan was filed with the City prior to the Thoroughfare Plan amendment in December 2007, the collector roadways are not included on the approved Master Plan. The Master Plan does include, however, an ingress/egress easement that may function as a backage road to the proposed commercial development. 74 75 76 77 78 79 80 March 26, 2009 Regular Agenda Item No. 2 UDO Amendment – Alcohol sales 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 the Unified Development Ordinance, Article 6, Use Regulations and Article 11, Definitions as they pertain to the regulation of alcohol sales in Wolf Pen Creek (WPC) and Residential Northgate (NG-3) Zoning Districts Recommendation(s): The Planning and Zoning Commission unanimously recommended approval of the attached ordinance at their March 5th meeting. Staff also recommended approval. Summary: The proposed amendments to the Unified Development Ordinance are intended to modify the requirements for alcohol sales in the Wolf Pen Creek District. This item originated out of a discussion related to the construction of the water feature along Dartmouth Drive at the February 3rd Wolf Pen Creek Oversight Committee. During the discussion concerns were raised about the sale of alcohol in proximity to the feature. A subset of the existing retail sales and services for retail alcohol sales was created that, as proposed, requires a conditional use permit for this use in Wolf Pen Creek and does not allow the use in NG-3, Residential Northgate. A definition in Article 11 has been provided that identifies retail alcohol sales as those establishments that derive more than 75% of their sales from the sale of alcohol for off-premise consumption. Exempt from this would be sales associated with events held on City-owned property. This would allow for the sale of alcohol at both private and public events in the amphitheater and festival area provided they have the appropriate permits to sell alcohol. Additionally, the standards for nightclubs and taverns were also changed to require conditional use permits for these uses in Wolf Pen Creek as well. Budget & Financial Summary: N/A Attachments: 1. Draft Planning and Zoning Commission Minutes, March 5, 2009 2. Ordinance 81 MINUTES PLANNING AND ZONING COMMISSION Regular Meeting Thursday, March 5, 2009, at 7:00 p.m. City Hall Council Chambers 1101 Texas Avenue College Station, Texas COMMISSIONERS PRESENT: John Nichols, Noel Bauman, Paul Greer, Doug Slack, Winnie Garner, and Hugh Stearns COMMISSIONERS ABSENT: Thomas Woodfin CITY COUNCIL MEMBERS PRESENT: Dennis Maloney CITY STAFF PRESENT: Senior Planners Jennifer Prochazka and Lindsay Kramer, Staff Planners Jason Schubert, Lauren Hovde, and Matthew Hilgemeier, Graduate Civil Engineer Erika Bridges, Assistant City Engineer Josh Norton, Senior Assistant City Engineer Carol Cotter, City Engineer Alan Gibbs, Transportation Planning Coordinator Joe Guerra, Planning Administrator Molly Hitchcock, Greenways Program Manager Venessa Garza, Director of Parks and Recreation Marco Cisneros, Director Bob Cowell, Assistant Director Lance Simms, First Assistant City Attorney Carla Robinson, Action Center Representative Carrie McHugh and Staff Assistant Brittany Caldwell 10. Public hearing, presentation, possible action, and discussion on amendments to the Unified Development Ordinance, Article 6, Use Regulations and Article 11, Definitions as they pertain to the regulation of alcohol sales in Wolf Pen Creek (WPC) and Residential Northgate (NG-3) Zoning Districts. Case #09-00500037 (LK) Lindsay Kramer, presented the Unified Development Ordinance amendment regarding alcohol sales in Wolf Pen Creek with two options. The first option would be to require that all nightclubs obtain a conditional use permit in order to operate in the district which would provide greater discretion to the City Council. The second option would be to continue to allow the use in the district and continue to allow the Design Review Board to review the site plans. There was general discussion regarding the amendment. Chairman Nichols opened the public hearing. No one spoke during the public hearing. Chairman Nichols closed the public hearing. 82 Commissioner Stearns motioned to recommend that both liquor stores and nightclubs be required to apply for a conditional use permit. Commissioner Bauman seconded the motion, motion passed (6-0). 83 84 85 86 87 88 89 March 26, 2009 Regular Agenda Item No. 3 Sale of Fire Station No. 3 To: Glenn Brown, City Manager From: Jeff Kersten, Chief Financial Officer Agenda Caption: Presentation, possible action, and discussion of a sales contract for the sale of Fire Station No. 3 to Texas 4-H Youth Development Foundation in the amount of $525,000.00. Recommendation(s): Staff recommends the sale of Fire Station No. 3 to Texas 4-H Youth Development Foundation. Summary: In 2008, the relocation of the new Fire Station No. 3 on Barron Road left Fire Station No. 3 at 4180 SH6 unoccupied and available for lease or sale. The appraised value of the property is $515,000 dated February 2008. In June 2008, staff solicited bids for the sale of the fire station and did not receive any bids. The City engaged the services of Craig Browne, an Accredited Land Consultant to list the property on MLS and/or commercial real estate listings. Mr. Brown was responsible for marketing, showing and assisting potential buyers with the bid preparation. The broker fee was a $5,000 retainer at time of contract execution and $20,000 when an acceptable bid is approved by Council. On March 13, 2009 we received four bids as follows: Texas 4-H Youth Development Foundation $525,000 *subject to a clean environmental phase 1 study Wallace Phillip, Greens Prairie Investors Ltd. $375,000 *subject to property being re-zoned C1 Todd Swink, Swink Investments $339,851.00 Mark Kristen $316,000 Budget & Financial Summary: The sales price of the property is $525,000. $25,000 will go towards the broker fee. A total of $500,000 in proceeds less any closing costs will be realized by the City of College Station for the sale of this property. At the time the construction contract for the relocation of Fire Station #3 was approved, it was discussed that the proceeds from this sale could go to offset some of the additional cost of the relocation of Fire Station #3. At the time additional certificates of obligation of $991,000 were issued for that project. These proceeds can be used to offset the cost of future capital projects of approximately $500,000 and reduce future debt issues by that amount. Attachments: Contract for Sale is available in the City Secretary’s Office 90 March 26, 2009 Regular Meeting Agenda Item No. 4 Fiscal Policy on External Audit To: Mayor and Members of the City Council From: Ty Elliott, City Internal Auditor Agenda Caption: Presentation, possible action, and discussion concerning the City’s fiscal policy on external audit. Recommendation(s): Consider changing the City’s fiscal policy to require either periodic rotation (e.g. five years) of external audit firms or periodic rotation of external audit staff within the same audit firm. Summary: During the January 29, 2009 audit committee meeting, the committee directed that I advise the City Council concerning the advantages and disadvantages of mandatory auditor rotation in order to facilitate discussion of possible changes to the City’s fiscal policy on external audit. The City’s current fiscal policy regarding the selection of an external auditor is as follows: “The City will not require a periodic rotation of outside auditors, but will circulate requests for proposal for audit services at least every five years.” Under this current policy, request for proposal for audit services are planned to be circulated in April 2009 in order to select an auditor for the fiscal year 2009 audit. The City has contracted with Ingram, Wallis & Co to provide audit services for the last 14 years. Over time, the independence of an external auditor is likely to be compromised due to being overly familiar with the client’s business, aspirations, plans, and possibly even being a participant or informal advisor to the client during decision making processes. Lack of attention to detail due to staleness and redundancy could also result from non-rotation of an external auditor. To best mitigate this risk, the City could change the fiscal policy to require periodic rotation (e.g. five years) of external audit firms. Alternatively, the City could change the fiscal policy to require periodic rotation of external audit staff within the same audit firm. Operationally, the primary audit quality question is whether such a policy will lead to more- independent auditors performing better audits by either detecting or reporting material misstatements in the financial statements, or whether the constant rotation of audit firms will result in inferior audit performance. Although mandatory periodic audit firm rotation best addresses the issue of auditor independence, a decision to automatically change external auditors every five years or so has some disadvantages. Since city governments are unique, there would likely be a significant drop-off in the effectiveness during the first year as a new external audit team becomes familiar with city business and its varied activities. There is also likely to be some decline in the effectiveness of fiscal service’s staff, since the burden of training the new audit team is likely to fall largely on the shoulders of the City’s Accounting Division. Depending on the external audit firm employed, there might even be some degradation in performance during the last year or two of the five-year tour if it was a foregone conclusion that the contract could not be extended beyond the fifth year. The temptation to assign junior staff to an expiring non-renewable contract, for training purposes, might be too strong for some firms to resist. 91 March 26, 2009 Regular Agenda Item No. 5 Appointment to Policy Board of BVSWMA To: Glenn Brown, City Manager From: Connie Hooks, City Secretary Agenda Caption: Presentation, possible action, and discussion regarding appointment of Mayor and Council Member to serve on the Policy Advisory Board of the Brazos Valley Solid Waste Management Agency for calendar year 2009. Summary: “The City Councils of both cities shall appoint a Policy Advisory Board. The Board shall be comprised of three voting members as follows: The Mayors of Bryan and College Station shall at all times be voting members of the Board and shall alternate each year as Chair; one City Council member from Bryan shall be a voting member of the Board during each year that College Station’s Mayor presides as Chair; one City Council member from College Station shall be a voting member of the Board during each year Bryan’s Mayor presides as Chair. The city managers of each city shall serve as non-voting or ex-officio members of the Board.” Bryan Mayor Mark Conlee is serving as the Board’s Chair for calendar year 2009. College Station Mayor Ben White is a voting member. College Station Council member John Crompton was appointed in July, 2008 as the Council representative. Staff requests Council action for the reappointment of Council member Crompton or the appointment of another Council member to serve the remainder of 2009. Attachments: List of Council Representatives to Board 92 o:council/citizencommittees/2009 citizen committee/2008-2009 Citizen Committee Directory 1 Council Appointed Representatives The following individuals are appointed by the City Council to represent the City of College Station on joint committees with other governmental agencies and community groups. Arts Council of the Brazos Valley (College Station Representatives Tom Wilkinson Appointed 8/07 Reappointed till 10 John Happ Appointed 8/07 Reappointed till 10 Lynn McIlhaney Appointed 8/07 Reappointed 7/08 Audit Committee Larry Stewart (Chair) Appointed 7/08 James Massey Appointed 7/08 Lynn McIlhaney Appointed 7/08 Brazos County Health Department Lynn McIlhaney Appointed 6/06 Reappointed 7/08 Ben White Appointed 6/06 Reappointed 7/08 Brazos Valley Council of Governments Board of Directors Mayor Ben White B/CS Metropolitan Planning Organization Mayor Ben White BVSWMA Policy Advisory Board John Crompton Appointed 8/07 Reappointed 7/08 Ben White Comprehensive Plan Advisory Committee Dennis Maloney Appointed 7/08 Larry Stewart (Alternate) Appointed 7/08 Convention and Visitors Bureau Stephen Moore Vacant Scott Shafer Dave Ruesink (Council Rep) Reappointed 7/08 93 o:council/citizencommittees/2009 citizen committee/2008-2009 Citizen Committee Directory 2 Intergovernmental Committee James Massey (Chair) Appointed 8/07 Reappointed 7/08 Dave Ruesink Appointed 8/07 Reappointed 7/08 Larry Stewart Appointed 7/08 Research Valley Partnership Ben White Appointed 7/08 Dave Ruesink (alternate) Appointed 7/08 Sister Cities Association Dave Ruesink Appointed 8/06 Reappointed 7/08 Transportation Committee Lynn McIlhaney (Chair) Appointed 8/06 Reappointed 7/08 John Crompton Appointed 7/08 Dennis Maloney Appointed 7/08 MPO Linda LaSuit Created position 7/05 TTI Dennis Christianson Created position 7/05 BVCOG Michael Parker Created position 7/05 TxDot Bryan Woods Created position 7/05 Wolf Pen Creek Oversight Committee Dennis Maloney Appointed 7/08 James Massey Appointed 7/08 Larry Stewart (Alternate) Appointed 7/08 City/CSISD Subcommittee 94